Receipt of Four Applications for Incidental Take Permits for Construction of Single-Family Homes in Brevard County, FL, 53243-53245 [05-17676]
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Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
writing to be processed. Comments must
be submitted in writing to be adequately
considered in the Service’s decisionmaking process. Please reference permit
number TE–106063 in your comments,
or in the request for the documents
discussed herein.
FOR FURTHER INFORMATION CONTACT: Pat
Mehlhop, Regional Safe Harbor
Coordinator (see ADDRESSES), telephone
(303) 236–4215, or Henry Maddux, Utah
Field Supervisor (see ADDRESSES),
telephone (801) 975–3330.
SUPPLEMENTARY INFORMATION: The Utah
prairie dog is the westernmost member
of the genus Cynomys. The species’
range, which is limited to the
southwestern quarter of Utah, is the
most restricted of all prairie dog species
in the United States. Distribution of the
Utah prairie dog has been greatly
reduced due to disease (plague),
poisoning, drought, and human-related
habitat alteration. Protection of this
species and enhancement of its habitat
on private land will benefit recovery
efforts.
The primary objective of this
proposed SHA is to implement
voluntary conservation measures to
benefit the species and the landowner.
Through this agreement, the landowner
will receive relief from any section 9
liability under the Act beyond that
which exists at the time the agreement
is signed (‘‘regulatory baseline’’). The
private land immediately to the south of
the property contains an active Utah
prairie dog colony approximately 2
hectares (5 acres) in size. This colony
abuts the fence line, but does not extend
onto the property to be addressed in the
proposed SHA due to unsuitable
habitat. To benefit the Utah prairie dog,
foraging and visual surveillance habitat
will be enhanced by thinning decadent
stands of brush and by increasing forage
quantity and quality using mechanical
and herbicidal treatments and reseeding
native grasses and forbs. The habitat
improvements will be maintained
throughout the term of the permit
through managed grazing, additional
brush treatments if necessary, and to
some degree by the Utah prairie dogs
themselves. The Cooperator will receive
an ESP that authorizes incidental take of
the covered species above the
Cooperator’s baseline responsibilities, as
defined in the SHA.
The Service has evaluated the impacts
of this action under the NEPA and
determined that it warrants categorical
exclusion as described 516 DM 6,
Appendix 1, section 1.4 C.(1). The
Service will evaluate whether the
issuance of the ESP complies with
section 7 of the Act by conducting an
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intra-Service section 7 consultation on
the issuance of the permit. The result of
the biological opinion, in combination
with the above finding and any public
comments will be used in the final
analysis to determine whether or not to
issue the requested ESP, pursuant to the
regulations that guide issuance of the
type of permit.
Authority: The authority for this action is
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), and the
National Environmental Policy Act of 1969,
as amended (42 U.S.C. 4321 et seq.).
Dated: July 26, 2005.
Elliott N. Sutta,
Regional Director, Denver, Colorado.
[FR Doc. 05–17668 Filed 9–6–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of Four Applications for
Incidental Take Permits for
Construction of Single-Family Homes
in Brevard County, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: Eugene T. Butler, Carlos E.
Gauthier, Robert Moren, and Kheino A.
Phidd (Applicants) individually 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 1.03 acres 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 (Projects). Requested permit
duration is one year for all applicants,
except for Moren, who requests a 10year permit term. The destruction of
1.03 acre of foraging, sheltering, and
possibly nesting habitat is expected to
result in the take of three families of
scrub-jays.
Each of the Applicants’ Habitat
Conservation Plans (HCPs) describe the
mitigation and minimization measures
proposed to address the effects of the
proposed Project to the Florida scrubjay. These measures are outlined in the
SUPPLEMENTARY INFORMATION section
below. We have determined that each
Applicant’s proposal, including the
proposed mitigation and minimization
measures, will individually and
cumulatively have a minor or negligible
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53243
effect on the species covered in the
HCPs. Therefore, the ITPs are ‘‘loweffect’’ 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). We
announce the availability of the HCPs
for the incidental take applications.
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 October 7, 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 TE099682–0,
for Butler, number TE099683–0, for
Gauthier, number TE099684–0, for
Moren, and number TE099685–0, for
Phidd, 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. Paula Sisson, General Biologist,
Jacksonville Field Office, Jacksonville,
Florida (see ADDRESSES above),
telephone: 904/232–2580, ext. 126.
SUPPLEMENTARY INFORMATION: If you
wish to comment, you may submit
comments by any one of several
methods. Please reference permit
number TE099682–0, for Butler, number
TE099683–0, for Gauthier, number
TE099684–0, for Moren, and number
TE099685–0, for Phidd, in such
comments. You may mail comments to
the Service’s Regional Office (see
ADDRESSES). You may also comment via
the Internet to
https://www.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
E:\FR\FM\07SEN1.SGM
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53244
Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
internet message, contact us directly at
either telephone number listed below
(see FOR FURTHER INFORMATION CONTACT).
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
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.
Proposed residential construction for
Eugene T. Butler would take place
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within Section 5, Township 29 South,
Range 37 East, Palm Bay, Brevard
County, Florida on Lot 48, Block 337.
Proposed residential construction for
Carlos E. Gauthier would take place
within Section 16, Township 29 South,
Range 37 East, Palm Bay, Brevard
County, Florida on Lot 21, Block 790.
Proposed residential construction for
Robert Moren would take place within
Section 5, Township 29 South, Range 37
East, Palm Bay, Florida on Lot 15, Block
341. Proposed residential construction
for Kheino A. Phidd would take place
within Section 8, Township 29 South,
Range 37 East, Palm Bay, Brevard
County, Florida on Lot 13, Block 434.
Each of these lots is within 438 feet of
locations where scrub-jays were sighted
during surveys for this species from
1999–2003.
Scrub-jays using the subject
residential lots and adjacent properties
are part of a larger complex of scrub-jays
located in a matrix of urban and natural
settings in areas of southern Brevard
and northern Indian River counties.
Within the City of Palm Bay, 20 families
of scrub-jays persist in habitat
fragmented by residential development.
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
suppression slowly results in vegetative
overgrowth. Thus, over the long-term,
scrub-jays within the City of Palm Bay
are unlikely to persist, and conservation
efforts for this species should target
acquisition and management of large
parcels of land outside the direct
influence of urbanization.
The subject residential parcels lie
within a ‘‘high density’’ urban setting,
and the corresponding territory size of
the resident scrub-jays has been
estimated to range from 5.2 to 10.8 acres
based on average territory sizes of scrubjay in other urban areas. Data collected
from 12 scrub-jay families within the
city limits of Palm Bay during the 2000
and 2001 nesting seasons provided
information about survival and
reproductive success of scrub-jays, but
did not attempt to estimate territory
sizes. This information indicated that
territory boundaries tended to shift from
year to year, making calculations of
territory size difficult. Similarly, point
data do not reliably indicate occupied
habitat over time since birds in urban
settings tend to move within and
between years. Thus, using known
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territory boundaries and point data to
delineate occupied habitat likely
underestimates areas occupied by scrubjays.
To assess whether the Applicants’
parcels were within occupied scrub-jay
habitat, we calculated the maximum
average ‘‘shift’’ in territories locations
between 2000 and 2001. Based on these
estimates, we calculated a maximum
average shift of 438 feet between years.
We subsequently used the 438 feet as a
buffer to surround known territory
boundaries and point locations for
scrub-jays. We reasoned that 438 feet
represented a biologically-based buffer,
within which scrub-jays were likely to
occur. Application of the 438-foot buffer
to known territories and point locations
provides a quantitative method to
delineate occupied scrub-jay habitat in
highly urbanized areas within the city
limits of Palm Bay.
The four Applicants’ residential lots
fall within the 438-foot buffer
established for known scrub-jay
territories and/or point data. The
Applicants’ properties provide habitat
for foraging, sheltering, and possibly
nesting. Accordingly, loss of this habitat
due to residential construction will
result in the destruction of scrub-jay
habitat.
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
1.03 acres and the footprint of the
homes, infrastructure, and landscaping
preclude retention of scrub-jay habitat.
On-site minimization is not expected to
be a biologically viable alternative due
to increasing negative demographic
effects caused by urbanization.
In combination, the Applicants
propose to mitigate for the loss of 1.03
acres of scrub-jay habitat by
contributing a total of $11,187 ($2,785
for Butler, $2,440 for Gauthier, $3,290
for Moren, and $2,672 for Phidd) 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
$11,187 is sufficient to acquire and
perpetually manage about 2.06 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
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Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
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. Each of the Applicants’ HCPs
qualifies for the following reasons:
1. Approval of the HCP 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 the HCP would not
have adverse effects on known unique
geographic, historic or cultural sites, or
involve unique or unknown
environmental risks.
3. Approval of the HCP would not
result in any significant adverse effects
on public health or safety.
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. Approval of the Plan 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
each 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
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15:05 Sep 06, 2005
Jkt 205001
determine whether or not to issue the
ITPs.
Dated: August 4, 2005.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. 05–17676 Filed 9–6–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of an Environmental
Assessment and Receipt of an
Application for an Incidental Take
Permit for Beach Driving and Related
Activities in St. Johns County, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: St. Johns County (Applicant)
is seeking 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 Applicant
anticipates that authorization of beach
driving and related activities, over a
requested permit term of 20 years, will
result in the incidental taking of the
endangered Anastasia Island beach
mouse (Peromyscus polionotus
phasma), leatherback sea turtle
(Dermochelys coriacea), green sea turtle
(Chelonia mydas), Kemp’s ridley sea
turtle (Lepidochelys kempi), and
hawksbill sea turtle (Eretmochelys
imbricata), as well as the threatened
loggerhead sea turtle (Caretta caretta).
The anticipated taking of these federally
listed species is incidental to otherwise
legal vehicle operation on the beaches of
St. Johns County, pursuant to the Beach
and Shore Preservation Act of 1998,
section 161.36, Florida Statutes.
A description of the mitigation and
minimization measures outlined in the
Applicant’s Habitat Conservation Plan
(HCP) to address the effects of the beach
access and beach access-related
activities on federally listed species is
described further in the SUPPLEMENTARY
INFORMATION section below. 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
Environmental Assessment (EA) and
HCP. Copies of the HCP and EA may be
obtained by making a request to the
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Fmt 4703
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53245
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 permit
application, supporting documentation,
EA and HCP should be sent to the
Service’s Regional Office (see
ADDRESSES) and should be received on
or before November 7, 2005.
ADDRESSES: Persons wishing to review
the application, HCP, and EA may
obtain a copy by writing the Service’s
Southeast Regional Office, Atlanta,
Georgia. Please reference permit number
TE091980–0 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 32216–0912.
FOR FURTHER INFORMATION CONTACT: Mr.
David Dell, Regional Permit
Coordinator, (see ADDRESSES above),
telephone: 404/679–7110; or Mr.
Michael Jennings, Fish and Wildlife
Biologist, Jacksonville Field Office, (see
ADDRESSES above), telephone: 904/232–
2580, extension 113.
SUPPLEMENTARY INFORMATION: If you
wish to comment, you may submit
comments by any one of several
methods. Please reference permit
number TE091980–0 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 the Service that we
have received your internet message,
contact us directly at either of the
telephone numbers listed below (see
FOR FURTHER INFORMATION CONTACT).
Finally, you may hand deliver
comments to either of the Service offices
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 address from
the administrative record. We will
honor such requests to the extent
allowable by law. There may also be
E:\FR\FM\07SEN1.SGM
07SEN1
]]>Agencies
[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53243-53245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17676]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of Four Applications for Incidental Take Permits for
Construction of Single-Family Homes in Brevard County, FL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Eugene T. Butler, Carlos E. Gauthier, Robert Moren, and Kheino
A. Phidd (Applicants) individually 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 1.03 acres 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 (Projects). Requested permit duration is one
year for all applicants, except for Moren, who requests a 10-year
permit term. The destruction of 1.03 acre of foraging, sheltering, and
possibly nesting habitat is expected to result in the take of three
families of scrub-jays.
Each of the Applicants' Habitat Conservation Plans (HCPs) describe
the mitigation and minimization measures proposed to address the
effects of the proposed Project to the Florida scrub-jay. These
measures are outlined in the SUPPLEMENTARY INFORMATION section below.
We have determined that each Applicant's proposal, 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). We announce the
availability of the HCPs for the incidental take applications. 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 October 7, 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 TE099682-0, for
Butler, number TE099683-0, for Gauthier, number TE099684-0, for Moren,
and number TE099685-0, for Phidd, 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. Paula Sisson, General Biologist, Jacksonville
Field Office, Jacksonville, Florida (see ADDRESSES above), telephone:
904/232-2580, ext. 126.
SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit
comments by any one of several methods. Please reference permit number
TE099682-0, for Butler, number TE099683-0, for Gauthier, number
TE099684-0, for Moren, and number TE099685-0, for Phidd, in such
comments. You may mail comments to the Service's Regional Office (see
ADDRESSES). You may also comment via the Internet to https://www.david_
dell@fws.gov">www.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
[[Page 53244]]
internet message, contact us directly at either telephone number listed
below (see FOR FURTHER INFORMATION CONTACT). 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.
Proposed residential construction for Eugene T. Butler would take
place within Section 5, Township 29 South, Range 37 East, Palm Bay,
Brevard County, Florida on Lot 48, Block 337. Proposed residential
construction for Carlos E. Gauthier would take place within Section 16,
Township 29 South, Range 37 East, Palm Bay, Brevard County, Florida on
Lot 21, Block 790. Proposed residential construction for Robert Moren
would take place within Section 5, Township 29 South, Range 37 East,
Palm Bay, Florida on Lot 15, Block 341. Proposed residential
construction for Kheino A. Phidd would take place within Section 8,
Township 29 South, Range 37 East, Palm Bay, Brevard County, Florida on
Lot 13, Block 434. Each of these lots is within 438 feet of locations
where scrub-jays were sighted during surveys for this species from
1999-2003.
Scrub-jays using the subject residential lots and adjacent
properties are part of a larger complex of scrub-jays located in a
matrix of urban and natural settings in areas of southern Brevard and
northern Indian River counties. Within the City of Palm Bay, 20
families of scrub-jays persist in habitat fragmented by residential
development. 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 suppression slowly results in vegetative
overgrowth. Thus, over the long-term, scrub-jays within the City of
Palm Bay are unlikely to persist, and conservation efforts for this
species should target acquisition and management of large parcels of
land outside the direct influence of urbanization.
The subject residential parcels lie within a ``high density'' urban
setting, and the corresponding territory size of the resident scrub-
jays has been estimated to range from 5.2 to 10.8 acres based on
average territory sizes of scrub-jay in other urban areas. Data
collected from 12 scrub-jay families within the city limits of Palm Bay
during the 2000 and 2001 nesting seasons provided information about
survival and reproductive success of scrub-jays, but did not attempt to
estimate territory sizes. This information indicated that territory
boundaries tended to shift from year to year, making calculations of
territory size difficult. Similarly, point data do not reliably
indicate occupied habitat over time since birds in urban settings tend
to move within and between years. Thus, using known territory
boundaries and point data to delineate occupied habitat likely
underestimates areas occupied by scrub-jays.
To assess whether the Applicants' parcels were within occupied
scrub-jay habitat, we calculated the maximum average ``shift'' in
territories locations between 2000 and 2001. Based on these estimates,
we calculated a maximum average shift of 438 feet between years. We
subsequently used the 438 feet as a buffer to surround known territory
boundaries and point locations for scrub-jays. We reasoned that 438
feet represented a biologically-based buffer, within which scrub-jays
were likely to occur. Application of the 438-foot buffer to known
territories and point locations provides a quantitative method to
delineate occupied scrub-jay habitat in highly urbanized areas within
the city limits of Palm Bay.
The four Applicants' residential lots fall within the 438-foot
buffer established for known scrub-jay territories and/or point data.
The Applicants' properties provide habitat for foraging, sheltering,
and possibly nesting. Accordingly, loss of this habitat due to
residential construction will result in the destruction of scrub-jay
habitat.
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 1.03 acres and the footprint of the
homes, infrastructure, and landscaping preclude retention of scrub-jay
habitat. On-site minimization is not expected to be a biologically
viable alternative due to increasing negative demographic effects
caused by urbanization.
In combination, the Applicants propose to mitigate for the loss of
1.03 acres of scrub-jay habitat by contributing a total of $11,187
($2,785 for Butler, $2,440 for Gauthier, $3,290 for Moren, and $2,672
for Phidd) 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
$11,187 is sufficient to acquire and perpetually manage about 2.06
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
[[Page 53245]]
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. Each
of the Applicants' HCPs qualifies for the following reasons:
1. Approval of the HCP 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 the HCP would not have adverse effects on known
unique geographic, historic or cultural sites, or involve unique or
unknown environmental risks.
3. Approval of the HCP would not result in any significant adverse
effects on public health or safety.
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. Approval of the Plan 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 each 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 4, 2005.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. 05-17676 Filed 9-6-05; 8:45 am]
BILLING CODE 4310-55-P
