Receipt of an Application for an Incidental Take Permit for the development of the Shadow Wood Subdivision in Brevard County, Fl, 11260-11261 [05-4427]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 70, Number 44 (Tuesday, March 8, 2005)]
[Notices]
[Pages 11260-11261]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4427]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Receipt of an Application for an Incidental Take Permit for the 
development of the Shadow Wood Subdivision in Brevard County, Fl

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: John Massaro (Applicant) requests 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 Applicant anticipates 
take of the Florida scrub-jay (Aphelocoma coerulescens) and eastern 
indigo snake (Drymarchon corais couperi) incidental to construction of 
a mixed residential and commercial use subdivision with supporting 
infrastructure in Brevard County, Florida. Construction and its 
associated infrastructure would destroy about 9.67 acres of foraging, 
sheltering, and possibly nesting habitat for the scrub-jay that is also 
possibly used by the indigo snake. A more detailed description of the 
mitigation and minimization measures to address the effects of the 
Project to the protected species are outlined in the Applicant's 
Habitat Conservation Plan (HCP), the Service's Environmental Assessment 
(EA), and in the SUPPLEMENTARY INFORMATION section below.
    The Service also announces the availability of the 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 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 60 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).

DATES: Written comments on the ITP application, EA, and HCP should be 
sent to the Service's Regional Office (see ADDRESSES) and should be 
received on or before May 9, 2005.

ADDRESSES: Persons wishing to review the application and HCP may obtain 
a copy by writing the Service's Southeast Regional Office, Atlanta, 
Georgia. Please reference permit number TE089883-0 in such requests. 
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, U.S. Fish and Wildlife Service, 6620 
Southpoint Drive South, Suite 310, Jacksonville, Florida 32216.

FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP 
Coordinator, (see ADDRESSES above), telephone: 404/679-7313, facsimile: 
404/679-7081; or Mr. Michael Jennings, Fish and Wildlife Biologist, 
Jacksonville Field Office, Jacksonville, Florida (see ADDRESSES above), 
telephone: 904/232-2580, ext. 113.

SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit 
comments by any one of several methods. Please reference permit number 
TE089883-0 in such comments. You may mail comments to the Service's 
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 us that we 
have received your internet message, contact us directly at either 
telephone number listed below (see FURTHER INFORMATION). Finally, you 
may hand deliver comments to either Service office listed below (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 address from the

[[Page 11261]]

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 subspecies 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 (predominately in oak-dominated scrub). 
Increasing urban and agricultural development, and subsequent fire 
protection, has resulted in habitat degradation, loss and fragmentation 
which have 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 east-
central Florida has been exacerbated by substantial urban growth in the 
past 50 years. Much of the historic commercial and residential 
development has occurred on the dry soils which previously supported 
scrub-jay habitat. Based on existing soils data, a major portion of the 
historic and current scrub-jay habitat of coastal east-central Florida 
occurs proximal to the current shoreline and larger river basins. Much 
of this area of Florida was settled early because few wetlands 
restricted urban and agricultural development. Due to the effects of 
urban and agricultural development over the past 100 years, much of the 
remaining scrub-jay habitat is now relatively small and isolated. What 
remains is largely degraded due to the exclusion of fire which is 
needed to maintain xeric uplands in conditions suitable for scrub-jays.
    A family of scrub-jays have been observed on the project site. They 
are part of a larger complex of scrub-jays located in a matrix of urban 
and natural settings in central Brevard County. Scrub-jays in urban 
areas are particularly vulnerable and typically do not successfully 
produce young that survive to adulthood. Persistent urban growth in 
this 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 
fire exclusion 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.
    There is little information available about the status of the 
indigo snake in Florida and Brevard County. Like the scrub jay, this 
species habitat has been reduced in amount, degraded and fragmented 
from commercial, residential, and agricultural development. It may 
potentially use essentially all of the habitats found in the Project 
area. It has not been observed onsite but the Applicant desires to 
cover the indigo snake in the incidental take permit.
    Construction of the Project's infrastructure and facilities will 
result in harm to scrub-jays and possibly to the indigo snake 
incidental to the carrying out of these otherwise lawful activities. 
Habitat alteration associated with the proposed residential 
construction will reduce the availability of foraging, sheltering, and 
possible nesting habitat for one family of scrub-jays and habitat for 
any indigo snakes that occur on the site. Development would take place 
within Section 31, Township 26 South, Range 37 East, Brevard County, 
Florida.
    The Applicant does not propose to implement significant on-site 
minimization measures to reduce take of the scrub-jay or indigo snake. 
The proposed Project encompasses about 34.6 acres and the footprint of 
the homes, buildings, infrastructure and landscaping preclude retention 
of scrub-jay and indigo snake habitat. On-site minimization may not be 
a biologically viable alternative due to increasing negative 
demographic effects caused by urbanization.
    The Applicant proposes to mitigate for the loss of 9.67 acres of 
scrub-jay habitat by purchasing 19.34 acres of scrub-jay habitat, 
establishing a management fund, and donating it to Brevard County for 
ownership and management. The acquisition and management of this land 
would also provide suitable habitat for the indigo snake.
    As stated above, the Service has made a preliminary determination 
that the issuance of the Permit 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: February 24, 2005.
Sam D. Hamilton,
Regional Director.
[FR Doc. 05-4427 Filed 3-7-05; 8:45 am]
BILLING CODE 4310-55-P