[Federal Register: July 28, 1999 (Volume 64, Number 144)] [Notices] [Page 40890-40891] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr28jy99-88] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Availability of an Environmental Assessment, Preliminary Finding of No Significant Impact, and Receipt of an Application for an Incidental Take Permit for a 32,400-Unit Residential Community To Be Built in Phases on 5,690 Acres Over a 32-Year Period, in Marion County, Florida AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On Top of the World, Inc., of Ocala, Florida (Applicant), seeks an incidental take permit (ITP) from the Fish and Wildlife Service (Service), pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended. The ITP would authorize the take of four families of the threatened Florida scrub-jay, Aphelocoma coerulescens and the threatened eastern indigo snake, Drymarchon corais couperi, in Marion County, Florida, for a period of thirty-two (32) years. The proposed taking is incidental to land clearing activities and residential development on a 32,400-acre project site (Project). The Project contains about 334 acres of occupied Florida scrub-jay habitat, and only one eastern indigo snake has been seen onsite, despite extensive surveys. The mitigation and minimization measures outlined in the Applicant's Habitat Conservation Plan (HCP) to address the effects of the Project to the protected species are described further in the SUPPLEMENTARY INFORMATION section below. The Service also announces the availability of an environmental assessment (EA) and HCP for the incidental take application. Copies of the EA and/or HCP may be obtained by making a request to the Regional Office (see ADDRESSES). Requests must be in writing to be processed. This notice also advises the public that the Service has made a preliminary determination that issuing the ITP is not a major Federal action significantly affecting the quality of the human environment within the meaning of section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), as amended. The preliminary Finding of No Significant Impact (FONSI) is based on information contained in the EA and HCP. The final determination will be made no sooner than 30 days from the date of this notice. This notice is provided pursuant to section 10 of the Act and NEPA regulations (40 CFR 1506.6). The Service specifically requests comment on the appropriateness of the ``No Surprises'' assurances should the Service determine that an ITP will be granted and based upon the submitted HCP. Although not explicitly stated in the HCP, the Service has, since August 1994, announced its intention to honor a ``No Surprises'' Policy for applicants seeking ITPs. Copies of the Service's ``No Surprises'' Policy may be obtained by making a written request to the Regional Office (see ADDRESSES). The Service is soliciting public comments and review of the applicability of the ``No Surprises'' Policy to this application and HCP. DATES: Written comments on the permit application, EA, and HCP should be sent to the Service's Regional Office (see ADDRESSES) and should be received on or before August 27, 1999. ADDRESSES: Persons wishing to review the application, HCP, and EA may obtain a copy by writing the Service's Southeast Regional Office, Atlanta, Georgia. Documents will also be available for public inspection by appointment during normal business hours at the Regional Office, 1875 Century Boulevard, Suite 200, Atlanta, Georgia 30345 (Attn: Endangered Species Permits), or Field Supervisor, US Fish and Wildlife Service, 6620 Southpoint Drive, South, Suite 310, Jacksonville, Florida 32216-0912. Written data or comments concerning the application, EA, or HCP should be submitted to the Regional Office. Comments or requests for the documentation must be in writing to be processed. Please reference permit number TE010099-0 in such comments, or in requests for the documents discussed herein. FOR FURTHER INFORMATION CONTACT: Mr. David A. Dell, Permit Coordinator, (see ADDRESSES above), telephone: 404/679-7313; or Mr. Jay Herrington, Fish and Wildlife Biologist, Jacksonville Field Office, (see ADDRESSES above), telephone: 904/232-2580, extension 114. SUPPLEMENTARY INFORMATION: Aphelocoma coerulescens is geographically isolated from other subspecies of scrub-jays found in Mexico and the western United States. The Florida scrub-jay is found exclusively in peninsular Florida and is restricted to scrub habitat. The total [[Page 40891]] estimated population is between 7,000 and 11,000 individuals. Due to habitat loss and degradation throughout the State of Florida, it has been estimated that the Florida scrub-jay population has been reduced by at least half in the last 100 years. Surveys have indicated that eleven families of Florida scrub-jays inhabit the Project site. Construction of the Project's infrastructure and individual home sites will likely result in death of, or injury to, Aphelocoma coerulescens incidental to the carrying out of these otherwise lawful activities. Habitat alteration associated with property development will reduce the availability of feeding, shelter, and nesting habitat. The EA considers the environmental consequences of four alternatives. The no action alternative may result in continued loss of habitat for Aphelocoma coerulescens (through lack of fire management activity) or exposure of the Applicant under section 9 of the Act, should he decide to proceed with the Project without incidental take authorization. The on-site scrub habitat restoration alternative would require an ITP and would result in three scrub-jay territories being maintained where they are. In addition, habitat would be restored and/ or created to provide for an additional seven FSJ families. However, this alternative would be the riskiest, in that little success has been achieved in the creation of scrub habitat. The off-site mitigation alternative would result in the loss of all eleven families of FSJs on the project site and would provide funds to the state of Florida to allow management activities to take place on the nearby Ross Prairie site specifically for the benefit of scrub-jays. The Applicant rejected this alternative because he wishes to maintain scrub-jays on the Project site as an amenity to future residents. In addition, providing funds to public agencies to conduct management activities would only be useful to scrub-jays in the event there were no plans for the state to manage the site properly. The Service is currently working closely with the state agencies to ensure that such activities will take place without additional funding being provided by the Service. The proposed action alternative is issuance of the ITP with on-site mitigation. To mitigate for the 122 acres of occupied habitat that would be eliminated on-site, the applicant will preserve and manage 273.1 acres of occupied scrub-jay habitat in addition to 32.2 acres of habitat already preserved as a result of previous coordination of a smaller project within the boundaries of this permit application. To buffer human- related impacts to the proposed preserves, buffers will be placed around them as outlined in the Environmental Assessment. Activities within the refuge areas will be limited to passive recreational activities on designated walkways. These preserves will provide habitat for any eastern indigo snakes occupying the site, as well. In addition, no clearing of scrub vegetation would occur during the nesting season of the Florida scrub-jay. The HCP provides a funding mechanism for these mitigation measures. As stated above, the Service has made a preliminary determination that the issuance of the ITP is not a major Federal action significantly affecting the quality of the human environment within the meaning of section 102(2)(C) of NEPA. This preliminary information may be revised due to public comment received in response to this notice and is based on information contained in the EA and HCP. The Service will also evaluate whether the issuance of a section 10(a)(1)(B) ITP complies with section 7 of the Act by conducting an intra-Service section 7 consultation. The results of the biological opinion, in combination with the above findings, will be used in the final analysis to determine whether or not to issue the ITP. Dated: July 21, 1999. H. Dale Hall, Acting Regional Director. [FR Doc. 99-19238 Filed 7-27-99; 8:45 am] BILLING CODE 4310-55-P