[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Pages 32223-32224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13761]



Fish and Wildlife Service

[FWS-R4-ES-2011-N102; 40120-1112-0000-F2]

Final Supplemental Environmental Impact Statement and Record of 
Decision for Incidental Take of the Endangered Alabama Beach Mouse

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


[[Page 32224]]

SUMMARY: The Fish and Wildlife Service (Service), announces the 
availability of a final supplemental environmental impact statement 
(SEIS) which analyzes the environmental impacts associated with 
incidental take permits requested under the Endangered Species Act of 
1973 (Act), as amended, for take of Alabama beach mouse (Peromyscus 
polionotus ammobates). For record of decision (ROD) availability, see 

DATES: The ROD will be available no sooner than July 5, 2011.

ADDRESSES: Documents and other information submitted with the 
applications are available for review, subject to the requirements of 
the Privacy Act and Freedom of Information Act, by any party who 
submits a written request for a copy of such documents to either of the 
following offices within 30 days of the date of publication of this 
notice: David Dell, U.S. Fish and Wildlife Service, 1875 Century 
Boulevard, Suite 200, Atlanta, GA 30345; or Field Supervisor, Fish and 
Wildlife Service, 1208-B Main Street, Daphne, AL 36526.

Coordinator (See ADDRESSES), telephone: 404/679-7313; or Ms. Shannon 
Holbrook, Field Office Project Manager, at the Daphne Field Office (See 
ADDRESSES), telephone: 251/441-5871.

SUPPLEMENTARY INFORMATION: The Final SEIS analyzes the consequences of 
the proposed action and alternatives to the proposed action. The 
incidental take permits requested by Gulf Highlands LLC and Beach Club 
West, involve the construction, occupancy, use, operation, and 
maintenance of two residential and recreational condominium development 
projects on the Fort Morgan Peninsula in Baldwin County, Alabama.
    On April 28, 2006, we published a notice of availability for a 
draft EIS (71 FR 25221). A Final EIS and ROD were advertised November 
29, 2006 (71 FR 69141). Based on that Final EIS and review under the 
Act, two incidental take permits were issued by the Service in January 
2007. As a result of legal challenges to the Service's decision to 
issue the incidental take permits, a preliminary injunction against the 
two developments was imposed May 3, 2007. Reevaluation of the projects 
on voluntary remand led to their withdrawal by the applicants for 
redesign. The applicants repositioned the proposed condominium projects 
about 600 feet further inland to avoid habitats considered essential 
for Alabama beach mouse survival and continued existence. This 
redesigned project would result in wetland fill under jurisdiction of 
the Clean Water Act, so the Corps of Engineers became a cooperating 
agency in developing the SEIS. Revised project plans were submitted by 
the applicants in February 2009. A notice of availability for the Draft 
SEIS, incorporating the revised project plans, was published June 17, 
2010 (75 FR 34476), for a 90-day public comment period. For ROD 
availability, see DATES.
    The SEIS analyzes the preferred alternative, as well as a full 
range of reasonable alternatives, and the associated impacts of each. 
Alternative 3 (Preferred Alternative) concentrates the development on 
the eastern portion of the site and provides for dedication of 135 
acres of Permittee-owned lands into conservation status via covenants, 
conditions, and restrictions attached to the property, and conditions 
on any incidental take permit that might be issued.

    Authority: The environmental review of this project is being 
conducted in accordance with the requirements of the National 
Environmental Policy Act of 1969 as amended (42 U.S.C. 4321 et seq.) 
and its implementing regulations (40 CFR parts 1500 through 1508), 
and with other appropriate Federal laws and regulations, policies, 
and procedures of the Service for compliance with those regulations.

    Dated: May 17, 2011.
Patrick J. Leonard,
Acting Regional Director.
[FR Doc. 2011-13761 Filed 6-2-11; 8:45 am]