[Federal Register: November 13, 2009 (Volume 74, Number 218)]
[Page 58653-58654]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

[FWS-R4-ES-2009-N225; 40120-1112-0000-F2]

Receipt of 32 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: Receipt of applications for incidental take permits 
(ITPs) for Habitat Conservation Plans (HCPs); availability of proposed 
HCPs and environmental assessment (EA); request for comment.


SUMMARY: We, the Fish and Wildlife Service, announce the availability 
of proposed HCPs, 32 accompanying ITP applications, and an EA related 
to proposed developments that would take the Alabama beach mouse 
(Peromyscus polionotus ammobates) on Fort Morgan Peninsula, Baldwin 
County, Alabama. The HCPs analyze the take of the federally endangered 
Alabama beach mouse incidental to constructing 28 new single-family and 
replacing four existing single-family homes with four duplex residences 
(Projects). The 24 individual applicants request a total of 32 ITPs 
under the Endangered Species Act of 1973 (Act), as amended. The 
Applicants' HCPs describe the mitigation and minimization measures 
proposed to address the effects on the species.

DATES: We must receive any written comments on the ITP applications, 
EA, and HCPs at our Regional Office (see ADDRESSES) on or before 
December 14, 2009.

ADDRESSES: Documents will be available for public inspection by 
appointment during normal business hours at the

[[Page 58654]]

Fish and Wildlife Service's Regional Office, 1875 Century Boulevard, 
Suite 200, Atlanta, GA 30345. Send your comments to the same address 
(Attn: David Dell); or to Field Supervisor, 1208-B Main Street, Daphne, 
Alabama 36526.

Coordinator, (See ADDRESSES), telephone: 404/679-7313; or Mr. Darren 
LeBlanc, Field Office Project Manager, at the Alabama Field Office (See 
ADDRESSES), telephone: 251/441-5859.

SUPPLEMENTARY INFORMATION: We announce the availability of the proposed 
HCPs, 32 accompanying ITP applications, and an EA, which analyzes the 
take of the Alabama beach mouse incidental to the Projects. This group 
of similar applications has been collected into what we refer to as 
``ABM Batch V'' for efficiency in their review. The applicants request 
50-year ITPs under section 10(a)(1)(B) of the Endangered Species Act of 
1973 (Act; 16 U.S.C. 1531 et seq.), as amended.
    We specifically request information and opinions from the public 
via this notice on our proposed Federal action, including 
identification of any other aspects of the human environment not 
already identified in the EA pursuant to NEPA regulations (40 CFR 
1506.6). Further, we specifically solicit information regarding the 
adequacy of the HCPs per 50 CFR parts 13 and 17.
    An assessment of the likely environmental impacts associated with 
the implementation of the proposed projects, the EA considers the 
environmental consequences of a no-action alternative, no-minimization, 
and the proposed action. The proposed action alternative is issuance of 
32 ITPs and implementation of the HCPs as submitted by the Applicants. 
The HCP covers activities associated with the construction and 
maintenance of residences on 32 discrete lots totaling 16.9 acres on 
the Fort Morgan Peninsula. Under the preferred alternative, project 
development would result in the overall loss of 3.58 acres of ABM 
habitat. Avoidance, minimization and mitigation measures include a 
reduced design footprint, on-site land management to maintain use of 
the project sites by Alabama beach mice, and funding off-site habitat 
acquisition and management.

Public Comments

    If you wish to comment, you may submit comments by any one of 
several methods. Please reference ``ABM Batch V'' in such comments. You 
may mail comments to the Fish and Wildlife Service's Regional Office 
(see ADDRESSES). You may also comment via the internet to david_
dell@fws.gov. Please include your name and return 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 under FOR FURTHER INFORMATION CONTACT.
    Finally, you may hand-deliver comments to either of our offices 
listed under ADDRESSES. Before including your address, phone number, e-
mail address, or other personal identifying information in your 
comment, you should be aware that your entire comment--including your 
personal identifying information--may be made publicly available at any 
time. While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

Covered Area

    The area encompassed under the HCP and ITP applications, the Fort 
Morgan Peninsula, extends over 30 miles from the Alabama-Florida 
border. Alabama beach mice historically ranged throughout the 
peninsula, but are now largely restricted to the western half. The 
following property owners have applied for ITPs in ABM Batch V:

Donald Dixon TE218224-0
Hogue Crossley TE218227-0
William Kenney TE218247-0
Harry Turpin TE218238-0
Aubrey Lucas TE218248-0, TE218249-0
Frances Bridges TE218251-0
Charles Minick TE218274-0
David Newton TE218275-0
Robert Fischer TE218276-0, TE218277-0
Boykin Properties TE218280-0
Becky Harris TE218281-0, TE218283-0
Spencer Harris TE218284-0, TE218285-0
Clinton Adams TE218288-0
Zachary Hutchens TE218291-0
Suzanne Wilcox TE218292-0
James Kastner TE218295-0
Timothy Kiely TE218326-0
Laureen Eick-Benson TE218329-0
Robert Prescott TE218330-0
Stuart Starrett TE218333-0
Christina Petrig TE218336-0, TE218354-0, TE218355-0, TE218356-0, 
Andrew Marcotte TE218358-0
Mark Link TE218359-0
Tom Martin Homebuilders TE218362-0.

Next Steps

    We will evaluate these ITP applications, including the HCPs and any 
comments we receive, to determine whether these applications meet the 
requirements of section 10(a)(1)(B) of the Act. We will also evaluate 
whether issuance of section 10(a)(1)(B) ITPs complies with section 7 of 
the Endangered Species Act by conducting an intra-Service section 7 
consultation. We will use the results of this consultation, in 
combination with the above findings, in our final analysis to determine 
whether or not to issue the 32 ITPs. If we determine that the 
requirements are met, we will issue the ITPs for the incidental take of 
the Alabama beach mouse.


    We provide this notice under section 10 of the Act (16 U.S.C. 1531 
et seq.) and NEPA regulations (40 CFR 1506.6).

    Dated: October 5, 2009.
Mark Musaus,
Acting Regional Director.
[FR Doc. E9-27275 Filed 11-12-09; 8:45 am]