[Federal Register: May 7, 2008 (Volume 73, Number 89)]
[Page 25765-25766]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Receipt of 41 Applications for Incidental Take Permits for Single 
Family and Duplex Residential Developments on the Fort Morgan 
Peninsula, Baldwin County, AL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.


SUMMARY: The applicants (Ms. Shirley Baird, Mr. Edward Boykin, Mr. 
Richard Dorsey, Mr. Richard Eastman, Mr. Terry Elkins, Mr. Medford 
Foster, Mr. Ted Giles, Mr. John Griffin, Harrison Building, Mr. Kenneth 
Howald, Mr. Gary Hudson, Mr. Jerry Hutcherson, Mr. Dean Jones, Mr. 
Bobby Junkins, K-Developers LLC, Mr. James Keeling, Mr. James Klimback, 
Mr. Marshall Newport, Ms. Mary Powers, Mr. Bradley Redwine, Mr. Edwin 
Spence, Mr. Jackie Stokley, Mr. Olin Tumlin, and Mr. James Walker) have 
applied to the Fish and Wildlife Service (Service) for incidental take 
permits (ITP) under section 10(a)(1)(B) of the Endangered Species Act 
of 1973 (16 U.S. C. 1531 et seq.) (Act), as amended for the take of 
Alabama beach mouse (Peromyscus polionotus ammobates) (ABM). The 
proposed take would be incidental to the otherwise lawful activity of 
constructing 37 single-family and 5 duplex residences on the Fort 
Morgan Peninsula in Baldwin County, Alabama.
    The applicants have prepared Habitat Conservation Plans (HCPs) in 
accordance with section 10(a)(2)(A) of the Act, specifying, among other 
things, the impacts that are likely to result from the taking and the 
measures each applicant would undertake to minimize and mitigate such 
impacts. A detailed description of the proposed minimization and 
mitigation measures is provided in the applicants' HCPs and in our 
Environmental Assessment (EA). The proposed action would involve 
approval of the HCPs if the statutory issuance criteria are satisfied. 
The EA considers the environmental impacts of the proposed projects on 
the environment.

DATES: Written comments on the ITP applications, HCPs, and EA should be 
sent to the Service's Regional Office (see ADDRESSES) and should be 
received on or before June 6, 2008.

ADDRESSES: Persons wishing to review the applications, HCPs, and EA may 
obtain an electronic copy on compact disk by writing the Service's 
Southeast Regional Office, Atlanta, Georgia, at the address below. 
Documents will also be available for public inspection by appointment 
during normal business hours at the Service's Regional Office, 1875 
Century Boulevard, Suite 200, Atlanta, Georgia 30345 (Attn: Endangered 
Species Permits), or the Daphne Ecological Services Field Office, 1208-
B Main Street, Daphne, Alabama 36526. Written data or comments 
concerning the applications or HCPs should be submitted to the Regional

[[Page 25766]]

Office. Please reference Batch IV ITPs for 41 applications in requests 
for the documents discussed herein.

Coordinator (see ADDRESSES), telephone: 404-679-4144, or Mr. Darren 
LeBlanc, Fish and Wildlife Service Biologist, Daphne Field Office (see 
ADDRESSES), telephone: 251-441-5859.

SUPPLEMENTARY INFORMATION: We announce applications for 41 ITPs, 
including the HCPs, and the availability of an EA. The EA is a combined 
assessment addressing the environmental impacts associated with these 
projects both individually and cumulatively. Copies of these documents 
may be obtained by making a request, in writing, to the Service's 
Regional Office (see ADDRESSES). This notice advises the public that we 
have opened the comment period on the ITP applications, the HCPs, and 
the EA. This notice is provided pursuant to section 10 of the Act and 
National Environmental Policy Act regulations at 40 CFR 1506.6.
    We specifically request information, views, and opinions from the 
public on the Federal action, including the identification of any other 
aspects of the human environment not already identified in our EA. 
Further, we specifically solicit information regarding the adequacy of 
the HCPs as measured against our ITP issuance criteria found in 50 CFR 
parts 13.21 and 17.22.
    If you wish to comment, you may submit comments by any one of 
several methods. Please reference Batch IV ITPs for 41 applications for 
residential development in such comments. You may mail comments to our 
Regional Office (see ADDRESSES). You may also comment via the Internet 
to aaron_valenta@fws.gov. Please include your name and return mailing 
address in your Internet message. If you do not receive a confirmation 
from us that we have received your Internet message, contact us 
directly at either telephone number listed (see FOR FURTHER INFORMATION 
    Finally, you may hand-deliver comments to either Service office 
listed (see ADDRESSES). Our practice is to make comments, including 
names and home addresses of respondents, available for public review 
during regular business hours. Individual respondents may request that 
we withhold their home address from the administrative record. We will 
honor such requests to the extent allowable by law. There may also be 
other circumstances in which we would withhold from the administrative 
record a respondent's identity, as allowable by law. If you wish us to 
withhold your name and address, you must state this prominently at the 
beginning of your comments. We will not, however, consider anonymous 
comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety.
    The ITPs would cover 41 discrete lots totaling 23.2 acres on the 
Fort Morgan Peninsula. Under the preferred alternative, project 
development would result in the overall loss of 4.25 acres of ABM 
habitat. Minimization and mitigation of impacts includes: reduced 
project impacts, maintenance of ABM habitat on-site, prohibition of 
cats, preservation of dune habitat, and elimination of debris.
    We will evaluate the HCPs, applications, and any received comments 
to determine whether the applications meet the requirements of section 
10(a) of the Act. If it is determined that those requirements are met, 
the ITPs will be issued for the incidental take of the ABM. We will 
also evaluate whether issuance of the section 10(a)(1)(B) ITPs comply 
with section 7 of the Endangered Species Act by conducting an intra-
Service section 7 consultation. The results of this consultation, in 
combination with the above findings, will be used in the final analysis 
to determine whether or not to issue the ITPs.

    Dated: April 30, 2008.
Noreen E. Walsh,
Acting Regional Director.
 [FR Doc. E8-10052 Filed 5-6-08; 8:45 am]