Receipt of Two Applications for Incidental Take Permits for Construction of Single-Family Homes in Brevard County, FL, 51086-51088 [05-17077]
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Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices
encompasses about 0.24 acre and the
footprint of the home, infrastructure,
and landscaping preclude retention of
scrub-jay habitat on the project site. Onsite minimization may not be a
biologically viable alternative because of
increasing negative demographic effects
caused by urbanization.
Based on the above information,
scrub-jays in the vicinity of the
Applicant’s lot, currently have little
long-term demographic value to the
metapopulation overall. Consequently,
the Service has determined that the loss
of 0.24 acre of habitat is likely to result
in only minor or negligible impacts on
the species.
The Applicant proposes to mitigate
for the loss of 0.24 acre of scrub-jay
habitat by contributing a total of $3,216
to the Florida Scrub-jay Conservation
Fund administered by the National Fish
and Wildlife Foundation. Funds in this
account are earmarked for use in the
conservation and recovery of scrub-jays
and may include habitat acquisition,
restoration, and/or management. The
$3,216 is sufficient to acquire and
perpetually manage about 0.48 acre of
suitable occupied scrub-jay habitat
based on a replacement ratio of 2
mitigation acres per 1 impact acre. The
cost is based on previous acquisitions of
mitigation lands in southern Brevard
County at an average $5,700 per acre,
plus a $1,000-per-acre management
endowment necessary to ensure future
management of acquired scrub-jay
habitat.
We have determined that the HCP is
a low-effect plan that is categorically
excluded from further NEPA analysis,
and does not require the preparation of
an EA or EIS. This preliminary
determination may be revised based on
our review of public comment we
receive in response to this notice. Loweffect HCPs are those involving: (1)
Minor or negligible effects on federally
listed or candidate species and their
habitats, and (2) minor or negligible
effects on other environmental values or
resources. The Applicant’s HCP
qualifies for the following reasons:
1. Issuance of the ITP would result in
minor or negligible effects on the
Florida scrub-jay population as a whole.
We do not anticipate significant direct
or cumulative effects to the Florida
scrub-jay population as a result of the
construction project.
2. Issuance of the ITP would not have
adverse effects on known unique
geographic, historic, or cultural sites, or
involve unique or unknown
environmental risks.
3. Issuance of the ITP would not
result in any significant adverse effects
on public health or safety.
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15:17 Aug 26, 2005
Jkt 205001
4. The project does not require
compliance with Executive Order 11988
(Floodplain Management), Executive
Order 11990 (Protection of Wetlands), or
the Fish and Wildlife Coordination Act,
nor does it threaten to violate a Federal,
State, local or tribal law or requirement
imposed for the protection of the
environment.
5. Issuance of the ITP would not
establish a precedent for future action or
represent a decision in principle about
future actions with potentially
significant environmental effects.
We have determined that issuance of
this incidental take permit qualifies as
a categorical exclusion under NEPA, as
provided by the Department of the
Interior Manual (516 DM 2, Appendix 1,
and 516 DM 6, Appendix 1). Therefore,
no further NEPA documentation will be
prepared.
We 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: August 3, 2005.
Sam D. Hamilton,
Regional Director, Southeast Region.
[FR Doc. 05–17068 Filed 8–26–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of Two Applications for
Incidental Take Permits for
Construction of Single-Family Homes
in Brevard County, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: Maronda Homes, Inc. of
Florida and Duke Construction
Corporation (Applicants) each 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 a combined total of
about 0.48 acre of Florida scrub-jay
(Aphelocoma coerulescens) (scrub-jay)
foraging, sheltering, and possibly
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nesting habitat incidental to lot
preparation for the construction of
single-family homes and supporting
infrastructure in Brevard County,
Florida (Project). The destruction of 0.48
acre of foraging, sheltering, and possibly
nesting habitat is expected to result in
the take of one family of scrub-jays over
requested permit terms of 10 years
(Maronda) and 2 years (Duke).
The Applicants’ Habitat Conservation
Plans (HCPs) describe the mitigation
and minimization measures proposed to
address the effects of the Projects to the
Florida scrub-jay. These measures are
outlined in the SUPPLEMENTARY
INFORMATION section below. We have
determined that the Applicants’
proposals, including the proposed
mitigation and minimization measures,
will individually and cumulatively have
a minor or negligible effect on the
species covered in the HCPs. Therefore,
the ITPs are ‘‘low-effect’’ projects and
qualify as categorical exclusions under
the National Environmental Policy Act
(NEPA), as provided by the Department
of Interior Manual (516 DM 2, Appendix
1 and 516 DM 6, Appendix 1). Copies
of the HCPs may be obtained by making
a request to the 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 NEPA
regulations (40 CFR 1506.6).
DATES: Written comments on the ITP
applications and HCPs should be sent to
the Service’s Regional Office (see
ADDRESSES) and should be received on
or before September 28, 2005.
ADDRESSES: Persons wishing to review
the applications and HCPs may obtain a
copy by writing the Service’s Southeast
Regional Office, Atlanta, Georgia. Please
reference permit number TE099862–0,
for Maronda Homes and number
TE099859–0, for Duke Construction 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 32216–0912.
FOR FURTHER INFORMATION CONTACT: Mr.
David Dell, Regional HCP Coordinator,
(see ADDRESSES above), telephone: 404/
679–7313, facsimile: 404/679–7081; or
Ms. Erin Gawera, General Biologist,
Jacksonville Field Office, Jacksonville,
Florida (see ADDRESSES above),
telephone: 904/232–2580, ext. 121.
SUPPLEMENTARY INFORMATION: If you
wish to comment, you may submit
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Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices
comments by any one of several
methods. Please reference permit
number TE099862–0, for Maronda
Homes and number TE099859–0, for
Duke Construction in such requests.
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
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 (predominately in oakdominated scrub). Increasing urban and
agricultural development have 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 east central
Florida has been exacerbated by
tremendous 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, much of
the historic and current scrub-jay
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15:17 Aug 26, 2005
Jkt 205001
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.
Residential construction for Maronda
Homes will take place within Section
23, Township 23 South, Range 35 East,
Port St. Johns, Brevard County, Florida,
on Lot 19, Block 67. Residential
construction for Duke Construction will
take place within Section 23, Township
34 South, Range 23 East, Port St. Johns,
Brevard County, Florida, on Lot 15,
Block 43. Each of these lots are within
locations where scrub-jays were sighted
during surveys for this species from
1999–2003.
Scrub-jays affected by the issuance of
this permit are found on the extreme
western edge of a large area supporting
a 16-family cluster of birds that inhabits
urban areas, commercial development,
and undeveloped native habitat in the
‘‘Tico’’ and ‘‘Grissom’’ territory cluster
just south of Port St. John, Florida. This
cluster of scrub-jays is part of a larger
metapopulation complex of scrub-jays
that persists in northern Brevard
County. The number of scrub-jay
families in the vicinity of the project site
and in the northern Brevard County
metapopulation has declined in recent
years. Survey results indicate that the
number of scrub-jay families has
declined in the Tico and Grissom
cluster from 72 in the early 1990s to 47
in 2002 (33 percent decline). Similarly,
the number of families of scrub-jays
within the northern Brevard County
metapopulation, which includes the
Tico and Grissom territory cluster, has
declined from 102 to 67 families (34
percent decline) during this same time
period. Both of these observed rates of
decline approximate the four percent
per year decline estimated by recent
research findings.
The decline in numbers of scrub-jay
families in northern Brevard County is
the cumulative result of habitat
destruction, fragmentation, and
degradation. Metapopulation viability
analysis suggests that this
metapopulation of scrub-jays has a high
quasi-extinction risk if no further
conservation efforts are undertaken to
acquire and manage land for the benefit
of scrub-jays. However, with active
acquisition and management of habitat
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51087
in the metapopulation, the quasiextinction risk decreases substantially.
The demographic viability, and thus
future biological value, of scrub-jays
within highly urbanized areas (e.g.,
residential areas, industrial sites, and
other commercial development) is
problematic in most situations but the
contribution urban scrub-jays have on
metapopulation dynamics is not certain.
Research conducted in central Florida
suggests that juvenile and adult scrubjays living within urban areas have low
survival rates and that the persistence of
scrub-jays in these environments is
largely dependent on immigration from
other low-quality habitat. In this
instance, urban scrub-jays may have a
negative impact on the demographic
viability of the overall metapopulation
since available breeders are essentially
lost to habitats in which mortality
exceeds recruitment. Other research
conducted in east-central Florida
suggests that recruitment will exceed
mortality if optimal habitat conditions
exist, regardless of whether the habitat
is in a pristine or urban setting. In this
case, urban scrub-jays would be as
demographically important as scrub-jays
in more pristine habitats.
Regardless of whether the breeding
territory is in an urbanized area or more
pristine natural area, the success of a
breeding pair is highly dependent on
the quality of habitat within the
territory. In most instances, scrub-jay
habitat in urban settings is degraded due
to long-term fire suppression and there
is no indication that habitat in these
settings will be managed in the future.
Thus, we generally believe, and existing
research supports, that in most urban
settings, scrub-jays occupy less than
optimal habitat and are therefore less
demographically viable than birds
occupying habitat in areas that are
actively managed. Consequently, scrubjays living within suburban areas of Port
St. John and urbanized areas of Brevard
County appear to be demographically
doomed over the long term and the only
potential biological value these birds
currently have is in providing a source
of breeders for other adjacent lands that
are actively managed for conservation
purposes. One such site is located
approximately two miles north off of
County Road 50 in the southern end of
Titusville. The 52 acres of scrub at this
site is managed for scrub-jays through
Brevard County’s Environmentally
Endangered Lands Program (EELS).
Future acquisition is proposed by EELS
for areas northwest and south of the
project site, but until these lands are
secured and managed, dispersing scrubjays from the city may not find suitable
habitat.
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51088
Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Notices
The Applicants agree to avoid
construction during the nesting season
if active nests are found onsite, but no
other on-site minimization measures are
proposed to reduce take of scrub-jays.
The lots combined encompass about
0.48 acre (0.24 acre each) and the
footprint of the homes, infrastructure,
and landscaping preclude retention of
scrub-jay habitat. On-site minimization
may not be a biologically viable
alternative due to increasing negative
demographic effects caused by
urbanization.
Based on the above information, we
believe that scrub-jays in the vicinity of
the Applicant’s lots, currently have little
long-term demographic value to the
metapopulation overall. Consequently,
we feel that the loss of 0.48 acres of
habitat is likely to result in only minor
or negligible impacts on the species.
In combination, the Applicants
propose to mitigate for the loss of 0.48
acres of scrub-jay habitat by
contributing a total of $6,432 ($3,216 for
Maronda Homes and $3,216 for Duke
Construction) to the Florida Scrub-jay
Conservation Fund administered by the
National Fish and Wildlife Foundation.
Funds in this account are ear-marked for
use in the conservation and recovery of
scrub-jays and may include habitat
acquisition, restoration, and/or
management. The $6,432 is sufficient to
acquire and perpetually manage about
0.96 acres of suitable occupied scrub-jay
habitat based on a replacement ratio of
two mitigation acres per one impact
acre. The cost is based on previous
acquisitions of mitigation lands in
southern Brevard County at an average
$5,700 per acre, plus a $1,000 per acre
management endowment necessary to
ensure future management of acquired
scrub-jay habitat.
We have determined that the HCPs
are low-effect plans that are
categorically excluded from further
NEPA analysis, and do not require the
preparation of an EA or EIS. This
preliminary information may be revised
due to public comment received in
response to this notice. Low-effect HCPs
are those involving: (1) minor or
negligible effects on federally listed or
candidate species and their habitats,
and (2) minor or negligible effects on
other environmental values or
resources. The Applicants’ HCPs qualify
for the following reasons:
1. Approval of each of the HCPs
would result in minor or negligible
effects on the Florida scrub-jay
population as a whole. We do not
anticipate significant direct or
cumulative effects to the Florida scrubjay population as a result of the
construction projects.
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15:17 Aug 26, 2005
Jkt 205001
2. Approval of each of the HCPs
would not have adverse effects on
known unique geographic, historic or
cultural sites, or involve unique or
unknown environmental risks.
3. Approval of each of the HCPs
would not result in any significant
adverse effects on public health or
safety.
4. The projects do not require
compliance with Executive Order 11988
(Floodplain Management), Executive
Order 11990 (Protection of Wetlands), or
the Fish and Wildlife Coordination Act,
nor do they threaten to violate a Federal,
State, local or tribal law or requirement
imposed for the protection of the
environment.
5. Approval of the Plans would not
establish a precedent for future action or
represent a decision in principle about
future actions with potentially
significant environmental effects.
We have determined that issuance of
these incidental take permits qualify as
a categorical exclusion under the NEPA,
as provided by the Department of the
Interior Manual (516 DM 2, Appendix 1
and 516 DM 6, Appendix 1). Therefore,
no further NEPA documentation will be
prepared.
We will evaluate the HCPs and
comments submitted thereon to
determine whether the applications
meet the requirements of section 10(a)
of the Act. If it is determined that those
requirements are met, the ITPs will be
issued for the incidental take of the
Florida scrub-jay. We will also evaluate
whether issuance of the section
10(a)(1)(B) ITPs comply with section 7
of the Act by conducting an intraService 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
ITPs.
Dated: August 11, 2005.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. 05–17077 Filed 8–26–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Notice of Availability of a Proposed
Amendment to Environmental Defense,
Inc.’s Safe Harbor Agreement
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability and 30-day
public comment period.
AGENCY:
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SUMMARY: Environmental Defense, Inc.
(ED) has submitted to the U.S. Fish and
Wildlife Service (Service) a request to
amend their Safe Harbor Agreement
(SHA) and associated Endangered
Species Act (Act) Section 10(a)(1)(A)
Safe Harbor Enhancement of Survival
permit (Permit) for habitat restoration
activities on private lands for the
endangered Black-capped vireo (Vireo
atricapilla) (BCVI) and Golden-cheeked
warbler (Dendroica chrysoparia)
(GCWA) in the Hill Country of Texas to
include twelve additional counties,
along with amending language in
Attachment 2 of their SHA. The
amendment would allow the Safe
Harbor program to expand onto
additional private lands in Texas, thus
furthering the conservation of BCVIs
and GCWAs.
DATES: To ensure consideration, written
comments must be received on or before
September 28, 2005.
ADDRESSES: Persons wishing to review
the application may obtain copies by
calling or faxing a request to the Service
at the U.S. Fish and Wildlife Service
Austin Office, 10711 Burnet Road, Suite
200, Austin, Texas 78758, (512/490–
0057 voice, 512/490–0974 fax). The
amendment request will also be
available for public inspection, by
appointment, during normal business
hours (8 a.m. to 4:30 p.m.) at the Fish
and Wildlife Service Austin Office.
During the 30-day public comment
period, written comments or data
should be submitted to the Field
Supervisor at the above address. Please
refer to the amendment to ED’s SHA in
the Texas Hill Country (TE–024875–1).
All comments received, including
names and addresses, will become a
part of the official administrative record
and may be made available to the
public.
FOR FURTHER INFORMATION CONTACT:
Christina Williams at the Fish and
Wildlife Service Austin Office, 10711
Burnet Road, Suite 200, Austin, Texas
78758, (512/490–0057 voice, 512/490–
0974 fax).
SUPPLEMENTARY INFORMATION: In
addition to the 25 counties covered
under their current permit, habitat
enhancement activities could now occur
in any or all of the following additional
counties: Bexar, Callahan, Coke,
Concho, Hamilton, Hood, Kinney,
McLennan, Palo Pinto, Runnels, Taylor,
and Tom Green. Habitat enhancement
activities could include, but are not
limited to, prescribed burning, selective
Ashe juniper thinning, rotational
grazing, cowbird trapping, and
hardwood regeneration.
E:\FR\FM\29AUN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Notices]
[Pages 51086-51088]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17077]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of Two Applications for Incidental Take Permits for
Construction of Single-Family Homes in Brevard County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Maronda Homes, Inc. of Florida and Duke Construction
Corporation (Applicants) each 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 a combined total of about 0.48 acre of Florida scrub-jay
(Aphelocoma coerulescens) (scrub-jay) foraging, sheltering, and
possibly nesting habitat incidental to lot preparation for the
construction of single-family homes and supporting infrastructure in
Brevard County, Florida (Project). The destruction of 0.48 acre of
foraging, sheltering, and possibly nesting habitat is expected to
result in the take of one family of scrub-jays over requested permit
terms of 10 years (Maronda) and 2 years (Duke).
The Applicants' Habitat Conservation Plans (HCPs) describe the
mitigation and minimization measures proposed to address the effects of
the Projects to the Florida scrub-jay. These measures are outlined in
the SUPPLEMENTARY INFORMATION section below. We have determined that
the Applicants' proposals, including the proposed mitigation and
minimization measures, will individually and cumulatively have a minor
or negligible effect on the species covered in the HCPs. Therefore, the
ITPs are ``low-effect'' projects and qualify as categorical exclusions
under the National Environmental Policy Act (NEPA), as provided by the
Department of Interior Manual (516 DM 2, Appendix 1 and 516 DM 6,
Appendix 1). Copies of the HCPs may be obtained by making a request to
the 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 NEPA regulations (40 CFR 1506.6).
DATES: Written comments on the ITP applications and HCPs should be sent
to the Service's Regional Office (see ADDRESSES) and should be received
on or before September 28, 2005.
ADDRESSES: Persons wishing to review the applications and HCPs may
obtain a copy by writing the Service's Southeast Regional Office,
Atlanta, Georgia. Please reference permit number TE099862-0, for
Maronda Homes and number TE099859-0, for Duke Construction 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-
0912.
FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP
Coordinator, (see ADDRESSES above), telephone: 404/679-7313, facsimile:
404/679-7081; or Ms. Erin Gawera, General Biologist, Jacksonville Field
Office, Jacksonville, Florida (see ADDRESSES above), telephone: 904/
232-2580, ext. 121.
SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit
[[Page 51087]]
comments by any one of several methods. Please reference permit number
TE099862-0, for Maronda Homes and number TE099859-0, for Duke
Construction in such requests. 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 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 (predominately in oak-dominated scrub).
Increasing urban and agricultural development have 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 east
central Florida has been exacerbated by tremendous 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, much 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.
Residential construction for Maronda Homes will take place within
Section 23, Township 23 South, Range 35 East, Port St. Johns, Brevard
County, Florida, on Lot 19, Block 67. Residential construction for Duke
Construction will take place within Section 23, Township 34 South,
Range 23 East, Port St. Johns, Brevard County, Florida, on Lot 15,
Block 43. Each of these lots are within locations where scrub-jays were
sighted during surveys for this species from 1999-2003.
Scrub-jays affected by the issuance of this permit are found on the
extreme western edge of a large area supporting a 16-family cluster of
birds that inhabits urban areas, commercial development, and
undeveloped native habitat in the ``Tico'' and ``Grissom'' territory
cluster just south of Port St. John, Florida. This cluster of scrub-
jays is part of a larger metapopulation complex of scrub-jays that
persists in northern Brevard County. The number of scrub-jay families
in the vicinity of the project site and in the northern Brevard County
metapopulation has declined in recent years. Survey results indicate
that the number of scrub-jay families has declined in the Tico and
Grissom cluster from 72 in the early 1990s to 47 in 2002 (33 percent
decline). Similarly, the number of families of scrub-jays within the
northern Brevard County metapopulation, which includes the Tico and
Grissom territory cluster, has declined from 102 to 67 families (34
percent decline) during this same time period. Both of these observed
rates of decline approximate the four percent per year decline
estimated by recent research findings.
The decline in numbers of scrub-jay families in northern Brevard
County is the cumulative result of habitat destruction, fragmentation,
and degradation. Metapopulation viability analysis suggests that this
metapopulation of scrub-jays has a high quasi-extinction risk if no
further conservation efforts are undertaken to acquire and manage land
for the benefit of scrub-jays. However, with active acquisition and
management of habitat in the metapopulation, the quasi-extinction risk
decreases substantially.
The demographic viability, and thus future biological value, of
scrub-jays within highly urbanized areas (e.g., residential areas,
industrial sites, and other commercial development) is problematic in
most situations but the contribution urban scrub-jays have on
metapopulation dynamics is not certain. Research conducted in central
Florida suggests that juvenile and adult scrub-jays living within urban
areas have low survival rates and that the persistence of scrub-jays in
these environments is largely dependent on immigration from other low-
quality habitat. In this instance, urban scrub-jays may have a negative
impact on the demographic viability of the overall metapopulation since
available breeders are essentially lost to habitats in which mortality
exceeds recruitment. Other research conducted in east-central Florida
suggests that recruitment will exceed mortality if optimal habitat
conditions exist, regardless of whether the habitat is in a pristine or
urban setting. In this case, urban scrub-jays would be as
demographically important as scrub-jays in more pristine habitats.
Regardless of whether the breeding territory is in an urbanized
area or more pristine natural area, the success of a breeding pair is
highly dependent on the quality of habitat within the territory. In
most instances, scrub-jay habitat in urban settings is degraded due to
long-term fire suppression and there is no indication that habitat in
these settings will be managed in the future. Thus, we generally
believe, and existing research supports, that in most urban settings,
scrub-jays occupy less than optimal habitat and are therefore less
demographically viable than birds occupying habitat in areas that are
actively managed. Consequently, scrub-jays living within suburban areas
of Port St. John and urbanized areas of Brevard County appear to be
demographically doomed over the long term and the only potential
biological value these birds currently have is in providing a source of
breeders for other adjacent lands that are actively managed for
conservation purposes. One such site is located approximately two miles
north off of County Road 50 in the southern end of Titusville. The 52
acres of scrub at this site is managed for scrub-jays through Brevard
County's Environmentally Endangered Lands Program (EELS). Future
acquisition is proposed by EELS for areas northwest and south of the
project site, but until these lands are secured and managed, dispersing
scrub-jays from the city may not find suitable habitat.
[[Page 51088]]
The Applicants agree to avoid construction during the nesting
season if active nests are found onsite, but no other on-site
minimization measures are proposed to reduce take of scrub-jays. The
lots combined encompass about 0.48 acre (0.24 acre each) and the
footprint of the homes, infrastructure, and landscaping preclude
retention of scrub-jay habitat. On-site minimization may not be a
biologically viable alternative due to increasing negative demographic
effects caused by urbanization.
Based on the above information, we believe that scrub-jays in the
vicinity of the Applicant's lots, currently have little long-term
demographic value to the metapopulation overall. Consequently, we feel
that the loss of 0.48 acres of habitat is likely to result in only
minor or negligible impacts on the species.
In combination, the Applicants propose to mitigate for the loss of
0.48 acres of scrub-jay habitat by contributing a total of $6,432
($3,216 for Maronda Homes and $3,216 for Duke Construction) to the
Florida Scrub-jay Conservation Fund administered by the National Fish
and Wildlife Foundation. Funds in this account are ear-marked for use
in the conservation and recovery of scrub-jays and may include habitat
acquisition, restoration, and/or management. The $6,432 is sufficient
to acquire and perpetually manage about 0.96 acres of suitable occupied
scrub-jay habitat based on a replacement ratio of two mitigation acres
per one impact acre. The cost is based on previous acquisitions of
mitigation lands in southern Brevard County at an average $5,700 per
acre, plus a $1,000 per acre management endowment necessary to ensure
future management of acquired scrub-jay habitat.
We have determined that the HCPs are low-effect plans that are
categorically excluded from further NEPA analysis, and do not require
the preparation of an EA or EIS. This preliminary information may be
revised due to public comment received in response to this notice. Low-
effect HCPs are those involving: (1) minor or negligible effects on
federally listed or candidate species and their habitats, and (2) minor
or negligible effects on other environmental values or resources. The
Applicants' HCPs qualify for the following reasons:
1. Approval of each of the HCPs would result in minor or negligible
effects on the Florida scrub-jay population as a whole. We do not
anticipate significant direct or cumulative effects to the Florida
scrub-jay population as a result of the construction projects.
2. Approval of each of the HCPs would not have adverse effects on
known unique geographic, historic or cultural sites, or involve unique
or unknown environmental risks.
3. Approval of each of the HCPs would not result in any significant
adverse effects on public health or safety.
4. The projects do not require compliance with Executive Order
11988 (Floodplain Management), Executive Order 11990 (Protection of
Wetlands), or the Fish and Wildlife Coordination Act, nor do they
threaten to violate a Federal, State, local or tribal law or
requirement imposed for the protection of the environment.
5. Approval of the Plans would not establish a precedent for future
action or represent a decision in principle about future actions with
potentially significant environmental effects.
We have determined that issuance of these incidental take permits
qualify as a categorical exclusion under the NEPA, as provided by the
Department of the Interior Manual (516 DM 2, Appendix 1 and 516 DM 6,
Appendix 1). Therefore, no further NEPA documentation will be prepared.
We will evaluate the HCPs and comments submitted thereon to
determine whether the applications meet the requirements of section
10(a) of the Act. If it is determined that those requirements are met,
the ITPs will be issued for the incidental take of the Florida scrub-
jay. We will also evaluate whether issuance of the section 10(a)(1)(B)
ITPs comply 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 ITPs.
Dated: August 11, 2005.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. 05-17077 Filed 8-26-05; 8:45 am]
BILLING CODE 4310-55-P
