Receipt of an Application for an Incidental Take Permit for the Florida Scrub-Jay Resulting From the Proposed Construction of a Single-Family Home in Charlotte County, FL, 8603-8604 [05-3278]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Notices
segment of electric power transmission
line within the right-of-way segment.
All construction activities will take
place within the existing 66-foot-wide
utility right-of-way. The reconductoring
requires the applicant to replace
existing metal towers with new wooden
utility poles and hang new power lines
on insulators. There are 40 towers
spaced between 300 and 400 feet apart
that will be replaced with wooden
poles. Construction activities are
scheduled to occur during winter 2005
and to be completed by early spring.
Incidental take will occur within the
right-of-way as a result of temporary
disturbance to Karner blue butterfly
habitat by truck and heavy equipment
traffic, cutting and removal of existing
towers, boring holes for transmission
line support poles, and installation of
new poles. The project site does not
contain any other rare, threatened, or
endangered species or habitat. Critical
habitat does not occur for any listed
species on the project site.
The Applicant proposes to mitigate
the effects to the Karner blue butterfly
associated with the covered activities by
fully implementing the Plan. The
purpose of the proposed Plan’s
conservation program is to promote the
biological conservation of the Karner
blue butterfly. The Applicant proposes
to mitigate the impacts of taking by
creating an additional 1.4 acres of
habitat by planting wild lupine and
other nectar plants.
The Proposed Action consists of the
issuance of an incidental take permit
and implementation of the proposed
Plan, which includes measures to
mitigate impacts of the project on the
Karner blue butterfly. Two alternatives
to the taking of the listed species under
the Proposed Action are considered in
the proposed Plan. Under the No Action
Alternative, no permit would be issued,
and no construction would occur.
Under the Alternate Route Alternative,
incidental take of the Karner blue
butterfly would be authorized, and the
applicant would reduce the area of
impact but eliminate maintenance. By
eliminating maintenance of the corridor,
the quality and extent of the existing
Karner blue butterfly habitat would
diminish through normal ecological
succession.
The Service has made a preliminary
determination that approval of the
proposed Plan qualifies as a categorical
exclusion under NEPA, as provided by
the Department of the Interior Manual
(516 DM 6, appendix 1, section 1.4C(2))
and as a ‘‘low-effect’’ plan as defined by
the Habitat Conservation Planning
Handbook (November 1996).
Determination of Low-effect Habitat
VerDate jul<14>2003
19:10 Feb 18, 2005
Jkt 205001
Conservation Plans is based on the
following three criteria: (1)
Implementation of the proposed Plan
would result in minor or negligible
effects on federally listed, proposed, and
candidate species and their habitats; (2)
implementation of the proposed Plan
would result in minor or negligible
effects on other environmental values or
resources; and (3) impacts of the
proposed Plan, considered together with
the impacts of other past, present, and
reasonably foreseeable similarly situated
projects, would not result in cumulative
effects to environmental values or
resources which would be considered
significant.
Based upon this preliminary
determination, we do not intend to
prepare further NEPA documentation.
We will consider public comments in
making the final determination on
whether to prepare such additional
documentation.
This notice is provided pursuant to
section 10(c) of the Act. We will
evaluate the permit application, the
proposed Plan, and comments
submitted thereon to determine whether
the application meets the requirements
of section 10(a) of the Act. If the
requirements are met, we will issue a
permit to Michigan Electric
Transmission Company, LLC for the
incidental take of the Karner blue
butterfly from reconductoring of the
Applicant’s right-of-way in Muskegon
and Newaygo Counties, Michigan.
Dated: January 14, 2005.
T.J. Miller,
Acting Assistant Regional Director, Ecological
Services, Region 3.
[FR Doc. 05–3270 Filed 2–18–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application for an
Incidental Take Permit for the Florida
Scrub-Jay Resulting From the
Proposed Construction of a SingleFamily Home in Charlotte County, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: Mr. and Mrs. Glen A. Van
Brunt (Applicants) request an incidental
take permit (ITP) pursuant to section
10(a)(1)(B) of the Endangered Species
Act of 1973 (U.S.C. 1531 et seq.), as
amended (Act). The Applicants
anticipate taking about 1.0 acre of
occupied Florida scrub-jay
(Aphelocoma coerulescens) (scrub-jay)
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
8603
nesting, foraging, and sheltering habitat,
incidental to land clearing of their 5.5acre lot and subsequent residential
construction of a single-family home
and supporting infrastructure in
Charlotte County, Florida (Project).
The Applicants’ Habitat Conservation
Plan (HCP) describes the mitigation and
minimization measures proposed to
address the effects of the Project on the
Florida scrub-jay. These measures are
outlined in the SUPPLEMENTARY
INFORMATION section below. The U.S.
Fish and Wildlife Service (Service)
announces the availability of the HCP
and the Environmental Assessment for
the ITP application. Copies of the HCP
may be obtained by making a request to
the Service’s Southeast Regional Office
(see ADDRESSES). Requests must be in
writing to be processed. This notice is
provided pursuant to Section 10 of the
Endangered Species Act and National
Environmental Policy Act (NEPA)
regulations (40 CFR 1506.6).
The Service specifically requests
information, views, and opinions from
the public via this Notice on the Federal
action. Further, the Service specifically
solicits information regarding the
adequacy of the HCP as measured
against the Service’s permit issuance
criteria found in 50 CFR Parts 13 and
17.
DATES: Written comments on the ITP
application, supporting documentation,
EA, and HCP should be sent to the
Service’s Southeast Regional Office (see
ADDRESSES) and should be received on
or before April 25, 2005.
ADDRESSES: Persons wishing to review
the application, supporting
documentation, EA, and HCP may
obtain a copy by writing the Service’s
Southeast Regional Office at the address
below. Please reference permit number
TE095181–0 in such requests.
Documents will also be available for
public inspection by appointment
during normal business hours at the
Southeast Regional Office, U.S. Fish and
Wildlife Service, 1875 Century
Boulevard, Suite 200, Atlanta, Georgia
30345 (Attn: Endangered Species
Permits), or the Service’s South Florida
Ecological Services Office, U.S. Fish and
Wildlife Service, 1339 20th Street, Vero
Beach, Florida, 32960–3559 (Attn: Field
Supervisor). Written data or comments
concerning the application, supporting
documentation, EA, or HCP should be
submitted to the Southeast Regional
Office. Requests for documentation
must be in writing to be processed.
Comments must be submitted in writing
to be adequately considered in the
Service’s decision-making process.
Please reference permit number
E:\FR\FM\22FEN1.SGM
22FEN1
8604
Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Notices
TE095181–0 in such comments, or in
requests of the documents discussed
above.
FOR FURTHER INFORMATION CONTACT: Mr.
David Dell, Regional HCP Coordinator,
Southeast Regional Office (see
ADDRESSES above), telephone: 404/679–
7313, facsimile: 404/679–7081; or
George Dennis, Fish and Wildlife
Biologist, South Florida Ecological
Services Office, Vero Beach, Florida (see
ADDRESSES above), telephone: 772/562–
3909, ext. 309.
SUPPLEMENTARY INFORMATION: If you
wish to comment, you may submit
comments by any one of several
methods. You may mail comments to
the Service’s Southeast Regional Office
(see ADDRESSES). You may also
comment via the Internet to
david_dell@fws.gov. Please submit
comments over the Internet as an ASCII
file, avoiding the use of special
characters and any form of encryption.
Please also include your name and
return address in your Internet message.
If you do not receive a confirmation
from the Service that we have received
your Internet message, contact us
directly at either telephone number
listed above (see FURTHER INFORMATION).
Finally, you may hand-deliver
comments to either Service office listed
above (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 addresses 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 Florida scrub-jay (scrub-jay) is
geographically isolated from other
species of scrub-jays found in Mexico
and the western United States. The
scrub-jay is found exclusively in
peninsular Florida and is restricted to
xeric uplands (mostly consisting of oakdominated scrub). Increasing urban and
agricultural development has resulted in
habitat loss and fragmentation, which
has adversely affected the distribution
VerDate jul<14>2003
19:10 Feb 18, 2005
Jkt 205001
and numbers of scrub-jays. The total
estimated population is between 7,000
and 11,000 individuals. The decline in
the number and distribution of scrubjays in Florida has been exacerbated by
tremendous urban growth in the past 50
years.
Xeric upland vegetative communities
in southwestern Florida are restricted
primarily to ancient coastal dunes
which are typically much dryer and less
susceptible to flooding due to their
deep, well-drained soils. Historically,
these areas extended in a nearly
continuous, narrow band along the
western mainland portions of northern
Charlotte to southern Hillsborough
County. However, the same physical
attributes that resulted in the evolution
of xeric vegetation on these sandy dunes
also provided sites for both agriculture
and urban development. Over the past
50 years, these ancient dunes have
served as the backbone of residential
and commercial growth in southwestern
Florida. The Project area is under
tremendous development pressure, as is
much of Charlotte County. Much of the
remaining scrub-jay habitat is now
relatively small and isolated. What
remains is largely degraded due to
interruption of the natural fire regime,
which is needed to maintain xeric
uplands in conditions suitable for scrubjays.
Florida scrub-jays using the Project
area were documented on several
occasions by researchers collecting data
on scrub-jays in the subdivision and
surrounding areas. Based on
preliminary information, it appears that
a family of scrub-jays, of up to five
individuals maintains a territory that
includes the Project area. It is not
known whether these families of scrubjays previously nested on the subject lot,
though the birds apparently use the
scrub vegetation on site for foraging and
shelter. Scrub-jays using the Project site
are part of a metapopulation of scrubjays in Charlotte County that occurs east
of the Peace River and Punta Gorda. The
continued survival and recovery of
scrub-jays in this area may be
dependent on the maintenance of
suitable habitat and the restoration of
unsuitable habitat.
Scrub-jays in urban areas are
particularly vulnerable and typically do
not successfully produce young that
survive to adulthood. Persistent urban
growth in the Project area will likely
result in further reductions in the
amount of suitable habitat for scrubjays. Increasing urban pressures are also
likely to result in the continued
degradation of scrub-jay habitat as
exclusion of the natural fire regime
slowly results in vegetative overgrowth.
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
Thus, over the long term, scrub-jays are
unlikely to persist in urban settings, and
conservation efforts for this species
should target acquisition and
management of large parcels of land
outside the direct influence of
urbanization.
Construction of the Project’s
infrastructure and facilities will result
in harm to scrub-jays, incidental to the
carrying out of these otherwise lawful
activities. Habitat alteration associated
with the proposed residential
construction will reduce the availability
of nesting, foraging, and sheltering
habitat for a family of scrub-jays. The
Applicants propose to minimize take of
scrub-jays by preserving 4.5 acres of
scrub-jay habitat on their 5.5-acre lot in
perpetuity. This is a 4.5:1 mitigation
ratio.
The Service will evaluate the HCP
and comments submitted thereon to
determine whether the application
meets the requirements of section 10(a)
of the Act. If it is determined that those
requirements are met, the ITP will be
issued for incidental take of the Florida
scrub-jay. 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. 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 ITP.
Dated: February 9, 2005.
Noreen Walsh,
Acting Regional Director, Southeast Region.
[FR Doc. 05–3278 Filed 2–18–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Draft Environmental Impact Report/
Environmental Impact Statement and
Receipt of an Application for an
Incidental Take Permit for the
Coachella Valley Multiple Species
Habitat Conservation Plan, Riverside
County, CA
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; reopening
of public comment period.
AGENCY:
SUMMARY: The Fish and Wildlife Service
(Service) is reopening the public
comment period on the Draft Coachella
Valley Multiple Species Habitat
Conservation Plan (MSHCP), Draft
Implementing Agreement, and Draft
Environmental Impact Report/
Environmental Impact Statement (EIR/
E:\FR\FM\22FEN1.SGM
22FEN1
]]>Agencies
[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Notices]
[Pages 8603-8604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3278]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application for an Incidental Take Permit for the
Florida Scrub-Jay Resulting From the Proposed Construction of a Single-
Family Home in Charlotte County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Mr. and Mrs. Glen A. Van Brunt (Applicants) request an
incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act).
The Applicants anticipate taking about 1.0 acre of occupied Florida
scrub-jay (Aphelocoma coerulescens) (scrub-jay) nesting, foraging, and
sheltering habitat, incidental to land clearing of their 5.5-acre lot
and subsequent residential construction of a single-family home and
supporting infrastructure in Charlotte County, Florida (Project).
The Applicants' Habitat Conservation Plan (HCP) describes the
mitigation and minimization measures proposed to address the effects of
the Project on the Florida scrub-jay. These measures are outlined in
the SUPPLEMENTARY INFORMATION section below. The U.S. Fish and Wildlife
Service (Service) announces the availability of the HCP and the
Environmental Assessment for the ITP application. Copies of the HCP may
be obtained by making a request to the Service's Southeast Regional
Office (see ADDRESSES). Requests must be in writing to be processed.
This notice is provided pursuant to Section 10 of the Endangered
Species Act and National Environmental Policy Act (NEPA) regulations
(40 CFR 1506.6).
The Service specifically requests information, views, and opinions
from the public via this Notice on the Federal action. Further, the
Service specifically solicits information regarding the adequacy of the
HCP as measured against the Service's permit issuance criteria found in
50 CFR Parts 13 and 17.
DATES: Written comments on the ITP application, supporting
documentation, EA, and HCP should be sent to the Service's Southeast
Regional Office (see ADDRESSES) and should be received on or before
April 25, 2005.
ADDRESSES: Persons wishing to review the application, supporting
documentation, EA, and HCP may obtain a copy by writing the Service's
Southeast Regional Office at the address below. Please reference permit
number TE095181-0 in such requests. Documents will also be available
for public inspection by appointment during normal business hours at
the Southeast Regional Office, U.S. Fish and Wildlife Service, 1875
Century Boulevard, Suite 200, Atlanta, Georgia 30345 (Attn: Endangered
Species Permits), or the Service's South Florida Ecological Services
Office, U.S. Fish and Wildlife Service, 1339 20th Street, Vero Beach,
Florida, 32960-3559 (Attn: Field Supervisor). Written data or comments
concerning the application, supporting documentation, EA, or HCP should
be submitted to the Southeast Regional Office. Requests for
documentation must be in writing to be processed. Comments must be
submitted in writing to be adequately considered in the Service's
decision-making process. Please reference permit number
[[Page 8604]]
TE095181-0 in such comments, or in requests of the documents discussed
above.
FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP
Coordinator, Southeast Regional Office (see ADDRESSES above),
telephone: 404/679-7313, facsimile: 404/679-7081; or George Dennis,
Fish and Wildlife Biologist, South Florida Ecological Services Office,
Vero Beach, Florida (see ADDRESSES above), telephone: 772/562-3909,
ext. 309.
SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit
comments by any one of several methods. You may mail comments to the
Service's Southeast Regional Office (see ADDRESSES). You may also
comment via the Internet to david_dell@fws.gov. Please submit comments
over the Internet as an ASCII file, avoiding the use of special
characters and any form of encryption. Please also include your name
and return address in your Internet message. If you do not receive a
confirmation from the Service that we have received your Internet
message, contact us directly at either telephone number listed above
(see FURTHER INFORMATION). Finally, you may hand-deliver comments to
either Service office listed above (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 addresses 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 Florida scrub-jay (scrub-jay) is geographically isolated from
other species of scrub-jays found in Mexico and the western United
States. The scrub-jay is found exclusively in peninsular Florida and is
restricted to xeric uplands (mostly consisting of oak-dominated scrub).
Increasing urban and agricultural development has resulted in habitat
loss and fragmentation, which has adversely affected the distribution
and numbers of scrub-jays. The total estimated population is between
7,000 and 11,000 individuals. The decline in the number and
distribution of scrub-jays in Florida has been exacerbated by
tremendous urban growth in the past 50 years.
Xeric upland vegetative communities in southwestern Florida are
restricted primarily to ancient coastal dunes which are typically much
dryer and less susceptible to flooding due to their deep, well-drained
soils. Historically, these areas extended in a nearly continuous,
narrow band along the western mainland portions of northern Charlotte
to southern Hillsborough County. However, the same physical attributes
that resulted in the evolution of xeric vegetation on these sandy dunes
also provided sites for both agriculture and urban development. Over
the past 50 years, these ancient dunes have served as the backbone of
residential and commercial growth in southwestern Florida. The Project
area is under tremendous development pressure, as is much of Charlotte
County. Much of the remaining scrub-jay habitat is now relatively small
and isolated. What remains is largely degraded due to interruption of
the natural fire regime, which is needed to maintain xeric uplands in
conditions suitable for scrub-jays.
Florida scrub-jays using the Project area were documented on
several occasions by researchers collecting data on scrub-jays in the
subdivision and surrounding areas. Based on preliminary information, it
appears that a family of scrub-jays, of up to five individuals
maintains a territory that includes the Project area. It is not known
whether these families of scrub-jays previously nested on the subject
lot, though the birds apparently use the scrub vegetation on site for
foraging and shelter. Scrub-jays using the Project site are part of a
metapopulation of scrub-jays in Charlotte County that occurs east of
the Peace River and Punta Gorda. The continued survival and recovery of
scrub-jays in this area may be dependent on the maintenance of suitable
habitat and the restoration of unsuitable habitat.
Scrub-jays in urban areas are particularly vulnerable and typically
do not successfully produce young that survive to adulthood. Persistent
urban growth in the Project area will likely result in further
reductions in the amount of suitable habitat for scrub-jays. Increasing
urban pressures are also likely to result in the continued degradation
of scrub-jay habitat as exclusion of the natural fire regime slowly
results in vegetative overgrowth. Thus, over the long term, scrub-jays
are unlikely to persist in urban settings, and conservation efforts for
this species should target acquisition and management of large parcels
of land outside the direct influence of urbanization.
Construction of the Project's infrastructure and facilities will
result in harm to scrub-jays, incidental to the carrying out of these
otherwise lawful activities. Habitat alteration associated with the
proposed residential construction will reduce the availability of
nesting, foraging, and sheltering habitat for a family of scrub-jays.
The Applicants propose to minimize take of scrub-jays by preserving 4.5
acres of scrub-jay habitat on their 5.5-acre lot in perpetuity. This is
a 4.5:1 mitigation ratio.
The Service will evaluate the HCP and comments submitted thereon to
determine whether the application meets the requirements of section
10(a) of the Act. If it is determined that those requirements are met,
the ITP will be issued for incidental take of the Florida scrub-jay. 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. 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 ITP.
Dated: February 9, 2005.
Noreen Walsh,
Acting Regional Director, Southeast Region.
[FR Doc. 05-3278 Filed 2-18-05; 8:45 am]
BILLING CODE 4310-55-P
