[Federal Register: June 17, 2010 (Volume 75, Number 116)]
[Page 34476-34477]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

[FWS-R4-ES-2010-N102; 40120-1112-0000-F2]

Draft Supplemental Environmental Impact Statement for Incidental 
Take and Wetland Fill Permits for Two Condominium 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 Plan (HCP); availability of proposed 
HCP and draft Supplemental Environmental Impact Statement (dSEIS); 
request for comment.


SUMMARY: The U.S. Fish and Wildlife Service (Service) announces the 
availability of a proposed HCP, accompanying ITP applications, and a 
dSEIS related to two proposed developments that would take the Alabama 
beach mouse (Peromyscus polionotus ammobates) and place fill in 
wetlands on the Fort Morgan peninsula, Baldwin County, Alabama. The HCP 
analyzes the take of the Federally endangered Alabama beach mouse and 
fill in wetlands incidental to construction and occupation of adjacent 
residential and recreational condominium developments: Beach Club West 
and Gulf Highlands Condominiums (collectively BCWGH) projects. Fort 
Morgan Paradise Joint Venture and Gulf Highlands Condominiums, LLC 
(applicants) request ITPs under the Endangered Species Act of 1973, as 
amended, (Act) as well as permits from the Department of the Army, 
Corps of Engineers (Corps) for placing fill in wetlands under 
jurisdiction of the Clean Water Act. The Applicants' HCP describes the 
minimization and mitigation measures proposed to address the effects to 
the species and to wetlands.

DATES: We must receive any written comments on the ITP applications, 
joint HCP, and dSEIS at our Regional Office (see ADDRESSES) on or 
before September 15, 2010.

ADDRESSES: Documents will be available for public inspection by 

[[Page 34477]]

during normal business hours at the Regional Office, 1875 Century 
Boulevard, Suite 200, Atlanta, GA 30345 (Attn: David Dell), or at the 
Fish and Wildlife Service Field Office, 1208-B Main Street, Daphne, AL 
36526 (Attn: Field Supervisor).

Coordinator (see ADDRESSES), telephone: 404/679-4144, or Mr. Carl 
Couret, Field Office Project Manager, at the Alabama Field Office (see 
ADDRESSES), telephone: 251/441-5868.

SUPPLEMENTARY INFORMATION: We announce the availability of applications 
for two ITPs, a joint HCP, and the availability of a dSEIS. The dSEIS 
is a combined assessment addressing the environmental impacts 
associated with these projects both individually and cumulatively. The 
applicants request 30-year ITPs under section 10(a)(1)(B) of the Act 
(16 U.S.C. 1531 et seq.) and also request permits from the Corps under 
section 404 of the Clean Water Act to place fill in jurisdictional 
wetlands. The Corps is a cooperating agency in the development of the 
    We specifically request information, views, 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 dSEIS under NEPA regulations (40 CFR 1506.6). 
Further, we specifically request information regarding the adequacy of 
the HCP per 50 CFR parts 13 and 17.
    The dSEIS analyzes the preferred alternative, as well as a full 
range of reasonable alternatives and the associated impacts of each. 
Alternative 3 (Preferred Alternative) is located 1,100 to 1,300 feet 
from the Gulf of Mexico and north of tertiary dune habitat. This 
alternative mitigates for the unavoidable loss of 1.36 acres of 
wetlands and dedicates 135.2 acres of applicant-owned lands into 
conservation status via covenants, conditions and restrictions attached 
to the property, and conditions of any ITP that may be issued.
    The Service previously issued ITPs in 2007 for one of the BCWGH 
alternatives that was preferred at that time. Following legal 
challenges and resultant court rulings, those ITPs were abandoned by 
the applicants. The Environmental Impact Statement for those previous 
ITPs has been revised to evaluate a new preferred alternative and now 
serves as the dSEIS for the new ITP applications.

Public Comments

    If you wish to comment, you may submit comments by any one of 
several methods. Please reference application numbers TE08894A-0 and 
TE08896A-0 in such comments. You may mail comments to our Regional 
Office or the Alabama Field Office (see ADDRESSES). You may also 
comment via the Internet to david_dell@fws.gov or carl_
couret@fws.gov. Please include your name and return mailing address in 
your e-mail message. If you do not receive a confirmation from us that 
we have received your e-mail, contact us directly at either telephone 
    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 proposed BCWGH developments would be located on approximately 
181.9 acres on the Fort Morgan peninsula, Baldwin County, Alabama, 
between State Highway 180 and the Gulf of Mexico (Section 28, Township 
9 South, Range 2 East) about 12 miles west of Highway 59 in Gulf 
Shores, Alabama, on the Fort Morgan Peninsula. The ITPs would be for 
development of two condominium complexes totaling 38.7 acres. Under the 
preferred alternative, project development would result in the 
permanent and temporary loss of 48.1 acres of Alabama beach mouse 

Next Steps

    We will evaluate these ITP applications, including the HCP 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 the section 10(a)(1)(B) ITP complies with section 7 
of the 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 ITP. If we determine that the requirements are met, we will 
issue the ITP for the incidental take of the Alabama beach mouse.

    Authority: 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: May 10, 2010.
Jacquelyn B. Parrish,
Acting Regional Director, Southeast Region.
[FR Doc. 2010-14617 Filed 6-16-10; 8:45 am]