Receipt of an Application and Availability of an Environmental Assessment for an Incidental Take Permit for Construction of a School and Adjacent Roads in Volusia County, Florida, 7564-7566 [E6-1949]
Download as PDF
<![CDATA[
7564
Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Notices
The applicant requests a permit to
take (locate and monitor nests) the least
Bell’s vireo (Vireo bellii pusillus), take
(locate and monitor nests, capture,
handle, and release) the California least
tern (Sterna antillarum browni), and the
southwestern willow flycatcher
(Empiconax traillii extimus) in
conjunction with surveys throughout
the range of each species in California,
Arizona, and New Mexico for the
purpose of enhancing their survival.
Permit No. TE–118371
Applicant: K2 Environmental LLC,
Bend, Oregon.
The applicant requests a permit to
take (locate and monitor nests) the least
Bell’s vireo (Vireo bellii pusillus) in
conjunction with surveys throughout
the range of the species in California for
the purpose of enhancing its survival.
Permit No. TE–118338
Permit No. TE–118356
Applicant: Olofson Environmental,
Inc., Oakland, California.
The applicant requests a permit to
take (harass by survey, locate and
monitor nests) the California clapper
rail (Rallus longirostris obsoletus) in
conjunction with demographic studies
throughout the range of the species in
California for the purpose of enhancing
its survival.
Permit No. TE–068072
rwilkins on PROD1PC63 with NOTICES
Applicant: Philippe Vergne, Ramona,
California.
The permittee requests an amendment
to take (capture, handle, mark, and
release) the Stephens’ kangaroo rat
(Dipodomys stephensi) in conjunction
with demographic studies throughout
the range of the species in California for
the purpose of enhancing its survival.
We solicit public review and
comment on each of these recovery
permit applications.
Dated: January 19, 2006.
Michael B. Fris,
Acting Manager, California/Nevada
Operations Office, U.S. Fish and Wildlife
Service.
[FR Doc. E6–1939 Filed 2–10–06; 8:45 am]
BILLING CODE 4310–55–P
17:38 Feb 10, 2006
Fish and Wildlife Service
Notice of Availability for the Renewal
of an Expired Section 10(a)(1)(B)
Permit for Incidental Take of the
Golden-Cheeked Warbler in Travis
County, Texas (Hunt)
SUMMARY: On July 21, 1999, the U.S.
Fish and Wildlife Service (Service)
issued a section 10(a)(1)(B) permit,
pursuant to section 10(a) of the
Endangered Species Act (Act), for
incidental take of the golden-cheeked
warbler (GCW) (Dendroica chrysoparia)
to James (Jim) Hunt. The permit (TE–
010556–0) was for a period of five years
and expired on July 21, 2004. The
requested permit renewal by Jim Hunt
will extend the permit expiration by five
years from the date the permit is
reissued.
To ensure consideration, written
comments must be received on or before
March 15, 2006.
ADDRESSES: Persons wishing to review
the request for extension, former
incidental take permit, or other related
documents may obtain a copy by
written or telephone request to Scott
Rowin, U.S. Fish and Wildlife Service,
10711 Burnet Road, Suite 200, Austin,
Texas 78758, (512/490–0057 ext. 224).
Documents will be available for public
inspection by written request, or by
appointment only, during normal
business hours (8 a.m. to 4:30 p.m.) at
the Fish and Wildlife Service Austin
Office. Comments concerning the
request for renewal should be submitted
in writing to the Field Supervisor at the
above address. Please refer to permit
number TE–010556–0 when submitting
comments.
FOR FURTHER INFORMATION CONTACT:
Scott Rowin at the U.S. Fish and
Wildlife Service Austin Office, 10711
Burnet Road, Suite 200, Austin, Texas
78758 (512/490–0057 ext. 224), or by email, Scott_Rowin@fws.gov.
SUPPLEMENTARY INFORMATION: Section 9
of the Act prohibits the ‘‘taking’’ of
endangered species such as the GCW.
However, the Service, under limited
circumstances, may issue permits to
take endangered wildlife species
incidental to, and not the purpose of,
otherwise lawful activities. Regulations
governing permits for endangered
species are at 50 CFR 17.22. This notice
is provided pursuant to section 10(c) of
the Act and National Environmental
Policy Act regulations (40 CFR 1506.6).
Applicant: Jim Hunt plans to
construct a single family residence
(SFR) on his 10-acre lot located adjacent
DATES:
Applicant: Jana Johnson, Winnetka,
California.
The applicant requests a permit to
take (captively rear) the Palos Verdes
blue butterfly (Gaucopsyche lygdamus
palosverdesensis) in conjunction with a
breeding program in Los Angeles
County, California, for the purpose of
enhancing its survival.
VerDate Aug<31>2005
DEPARTMENT OF THE INTERIOR
Jkt 208001
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
to City Park Road in Austin, Travis
County, Texas. The construction of a
SFR on approximately one acre of the
10-acre lot will eliminate less than one
acre of GCW habitat and indirectly
impact less than four additional acres of
habitat. The original permit included,
and the Applicant continues to propose
to compensate for incidental take of the
GCW by providing $1,500 to the
Balcones Canyonlands Preserve, and
placing a perpetual conservation
easement on the remaining
approximately nine acres to the
Balcones Canyonlands Preserve. Since
this property is located within the
acquisition boundaries of the Balcones
Canyonlands Preserve, it will add
additional acreage to the preserve. The
Applicant has agreed to follow all of the
existing permit terms and conditions. If
renewed, all of the permit terms and
conditions will remain the same, and no
additional take will be authorized.
Geoffrey L. Haskett,
Acting Regional Director, Region 2,
Albuquerque, New Mexico.
[FR Doc. E6–1941 Filed 2–10–06; 8:45 am]
BILLING CODE 4510–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application and
Availability of an Environmental
Assessment for an Incidental Take
Permit for Construction of a School
and Adjacent Roads in Volusia County,
Florida
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: The Public Works Department
of Volusia County and the Volusia
County School Board (Applicants)
request incidental take permits (ITP)
each with 5-year term, pursuant to
section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (Act).
The Applicants jointly prepared a single
Habitat Conservation Plan (HCP)
identifying anticipated impacts to the
Florida scrub-jay (Aphelocoma
coerulescens) (scrub-jay) associated
with road construction (Public Works
Department) and construction of a new
high school and its supporting
infrastructure (School Board) within
sections 10 and 15, Township 18 South,
Range 30 East, Volusia County, Florida.
The Applicants’ HCP describes the
mitigation and minimization measures
proposed to address the effects of road
and school construction on the Florida
scrub-jay. These measures are outlined
E:\FR\FM\13FEN1.SGM
13FEN1
rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Notices
in the SUPPLEMENTARY INFORMATION
section below. We announce the
availability of the ITP applications and
HCP and an environmental assessment.
DATES: Written comments on the ITP
applications, HCP, and environmental
assessment should be sent to the
Service’s Regional Office (see
ADDRESSES) and should be received on
or before April 14, 2006.
ADDRESSES: Persons wishing to review
the applications, HCP, and
environmental assessment may obtain a
copy by writing the Service’s Southeast
Regional Office, Atlanta, Georgia. Please
reference permit numbers TE107069–0
and/or TE107070–0 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 HCP Coordinator,
(see ADDRESSES above), telephone: 404/
679–7313, facsimile: 404/679–7081; or
Mr. Mike Jennings, Fish and Wildlife
Biologist, Jacksonville Field Office,
Jacksonville, Florida (see ADDRESSES
above), telephone: 904/232–2580.
SUPPLEMENTARY INFORMATION: If you
wish to comment, you may submit
comments by any one of several
methods. Please reference permit
numbers TE107069–0 and/or
TE107070–0 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 above
(see FOR FURTHER INFORMATION CONTACT).
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 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
VerDate Aug<31>2005
17:38 Feb 10, 2006
Jkt 208001
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 has resulted in
habitat loss and fragmentation that 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
agricultural land conversions and urban
growth in the past 50 years. Much of the
historic commercial and residential
development has occurred on the dry
soils that previously supported scrubjay habitat. Based on existing soils data,
much of the current scrub-jay habitat of
east-central Florida occurs in what was
once the coastal sand dunes created
over the millennia due to rising and
falling oceans. These ancient dunes are
most prevalent in western Volusia
County and much of Marion County.
Relict dunes along the east-central
Florida Atlantic coast also provide some
scrub-jay habitat. 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 that is needed to
maintain xeric uplands in conditions
suitable for scrub-jays.
The Applicants have not proposed to
minimize impacts to scrub-jays for a
variety of reasons. At the school site,
alternative site plans were considered,
but none substantially reduced impacts
to scrub-jays. Avoidance of impacts on
the school site could not be achieved
because of geological considerations and
local requirements for stormwater
retention, parking, and safety
considerations regarding the
juxtaposition of roads and school
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
7565
property. Alternative road alignments
were considered, but due to the sighting
requirements for the school, alternative
alignments that minimized impacts to
occupied scrub-jay habitat were not
practicable.
To mitigate the effects of take, the
Applicants propose to utilize scrub-jay
‘‘credits’’ available pursuant to a
previous Memorandum of
Understanding (MOU) between the
Service and Applicants. The MOU
established a scrub-jay conservation
area at the 357-acre Lyonia Preserve in
Volusia County and required specific
long-term land management criteria be
met for the benefit of scrub-jays and
other scrub endemics. About 60 scrubjay credits are currently available for use
by the Applicants under the terms of the
MOU. As defined by the MOU, a
‘‘credit’’ corresponds to acres of scrubjay habitat. Two ‘‘credits’’ of mitigation
at Lyonia Preserve are required to
mitigate each acre of proposed impact.
Construction of the proposed roads will
require use of about 11.5 credits, while
school construction will require about
13.4 credits.
These projects were combined under
one HCP because construction and
operation of the completed school
would require that new roads be built
for access. Separate permit applications
were submitted because two different
local authorities would be involved in
carrying out the road and school
projects. Road construction would
destroy about 5.7 acres of occupied
scrub-jay habitat, while construction of
the school will eliminate about 6.7 acres
of occupied scrub-jay habitat.
Combined, these two projects would be
expected to result in the take of three
scrub-jay families over a requested
permit term of five years.
The Service has made a preliminary
determination that issuance of the
requested ITP is not a major Federal
action significantly affecting the quality
of the human environment within the
meaning of Section 102(2)(C) of
National Environmental Policy Act.
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 evaluate the HCP
and comments submitted thereon to
determine whether the application
meets the issuance criteria requirements
of section 10(a)(1)(B) of the Act (16
U.S.C. 1531 et seq.). By conducting an
intra-Service section 7 consultation the
Service will also evaluate whether
issuance of the section 10(a)(1)(B) ITP
would comply with section 7 of the Act.
The results of this consultation, in
E:\FR\FM\13FEN1.SGM
13FEN1
7566
Federal Register / Vol. 71, No. 29 / Monday, February 13, 2006 / Notices
combination with the above findings,
will be used in the final analysis to
determine whether or not to issue the
ITPs. This notice is provided pursuant
to Section 10 of the Endangered Species
Act and National Environmental Policy
Act regulations (40 CFR 1506.6).
Dated: January 27, 2006.
Cynthia K. Dohner
Acting Regional Director, Southeast Region.
[FR Doc. E6–1949 Filed 2–10–06; 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.
rwilkins on PROD1PC63 with NOTICES
AGENCY:
SUMMARY: Carlos Bigord (Applicant)
requests an incidental take permit (ITP)
pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as
amended (Act). The Applicant
anticipates taking over a one-year
permit term, about 0.23 acre of Florida
scrub-jay (Aphelocoma
coerulescens)(scrub-jay) foraging,
sheltering, and possibly nesting habitat,
incidental to lot preparation for the
construction of a single-family home
and supporting infrastructure in
Charlotte County, Florida (Project).
The Applicant’s Habitat Conservation
Plan (HCP) describes the mitigation and
minimization measures proposed to
address the effects of the Project to the
Florida scrub-jay. These measures are
outlined in the SUPPLEMENTARY
INFORMATION section below. The Service
announces the availability of the HCP
for the incidental take application.
DATES: Written comments on the ITP
application and HCP should be sent to
the Service’s Regional Office (see
ADDRESSES) and should be received on
or before March 15, 2006.
ADDRESSES: Persons wishing to review
the application and HCP may obtain a
copy by writing the Service’s Southeast
Regional Office at the address below.
Please reference permit number
TE111605–0 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
VerDate Aug<31>2005
17:38 Feb 10, 2006
Jkt 208001
Permits), or Field Supervisor, South
Florida Ecological Services Field Office,
U.S. Fish and Wildlife Service, 1339
20th Street, Vero Beach, Florida, 32960–
3559.
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 Mark
Salvato, Fish and Wildlife Biologist,
South Florida Ecological Services Field
Office, Vero Beach, Florida (see
ADDRESSES above), telephone: 772–562–
3909, ext. 340.
SUPPLEMENTARY INFORMATION: If you
wish to comment, you may submit
comments by any one of several
methods. Please reference permit
number TE111605–0 in such comments.
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 us that we have
received your 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 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
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
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 west-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 west-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 interruption of the natural fire
regime which is needed to maintain
xeric uplands in conditions suitable for
scrub-jays.
The scrub-jays using the subject
residential lot and adjacent properties
are part of a larger complex of scrub-jays
located in a matrix of urban and natural
settings in Charlotte County. The project
site represents a portion of an isolated
scrub-jay territory. 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 scrubjays. 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.
Construction of the Project’s
infrastructure and facilities would result
in harm to scrub-jays, incidental to the
carrying out of these otherwise lawful
activities. The destruction of 0.23 acre
of habitat associated with the proposed
residential construction would reduce
the availability of foraging, sheltering,
and possible nesting habitat for one
family of scrub-jays. As minimization,
however, the Applicant proposes to
conduct clearing activities outside of the
nesting season.
E:\FR\FM\13FEN1.SGM
13FEN1
]]>Agencies
[Federal Register Volume 71, Number 29 (Monday, February 13, 2006)]
[Notices]
[Pages 7564-7566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1949]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application and Availability of an Environmental
Assessment for an Incidental Take Permit for Construction of a School
and Adjacent Roads in Volusia County, Florida
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Public Works Department of Volusia County and the Volusia
County School Board (Applicants) request incidental take permits (ITP)
each with 5-year term, pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (Act). The Applicants
jointly prepared a single Habitat Conservation Plan (HCP) identifying
anticipated impacts to the Florida scrub-jay (Aphelocoma coerulescens)
(scrub-jay) associated with road construction (Public Works Department)
and construction of a new high school and its supporting infrastructure
(School Board) within sections 10 and 15, Township 18 South, Range 30
East, Volusia County, Florida.
The Applicants' HCP describes the mitigation and minimization
measures proposed to address the effects of road and school
construction on the Florida scrub-jay. These measures are outlined
[[Page 7565]]
in the SUPPLEMENTARY INFORMATION section below. We announce the
availability of the ITP applications and HCP and an environmental
assessment.
DATES: Written comments on the ITP applications, HCP, and environmental
assessment should be sent to the Service's Regional Office (see
ADDRESSES) and should be received on or before April 14, 2006.
ADDRESSES: Persons wishing to review the applications, HCP, and
environmental assessment may obtain a copy by writing the Service's
Southeast Regional Office, Atlanta, Georgia. Please reference permit
numbers TE107069-0 and/or TE107070-0 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 HCP
Coordinator, (see ADDRESSES above), telephone: 404/679-7313, facsimile:
404/679-7081; or Mr. Mike Jennings, Fish and Wildlife Biologist,
Jacksonville Field Office, Jacksonville, Florida (see ADDRESSES above),
telephone: 904/232-2580.
SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit
comments by any one of several methods. Please reference permit numbers
TE107069-0 and/or TE107070-0 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 above (see FOR FURTHER
INFORMATION CONTACT). 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 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 has resulted in habitat
loss and fragmentation that 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 agricultural land conversions
and urban growth in the past 50 years. Much of the historic commercial
and residential development has occurred on the dry soils that
previously supported scrub-jay habitat. Based on existing soils data,
much of the current scrub-jay habitat of east-central Florida occurs in
what was once the coastal sand dunes created over the millennia due to
rising and falling oceans. These ancient dunes are most prevalent in
western Volusia County and much of Marion County. Relict dunes along
the east-central Florida Atlantic coast also provide some scrub-jay
habitat. 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
that is needed to maintain xeric uplands in conditions suitable for
scrub-jays.
The Applicants have not proposed to minimize impacts to scrub-jays
for a variety of reasons. At the school site, alternative site plans
were considered, but none substantially reduced impacts to scrub-jays.
Avoidance of impacts on the school site could not be achieved because
of geological considerations and local requirements for stormwater
retention, parking, and safety considerations regarding the
juxtaposition of roads and school property. Alternative road alignments
were considered, but due to the sighting requirements for the school,
alternative alignments that minimized impacts to occupied scrub-jay
habitat were not practicable.
To mitigate the effects of take, the Applicants propose to utilize
scrub-jay ``credits'' available pursuant to a previous Memorandum of
Understanding (MOU) between the Service and Applicants. The MOU
established a scrub-jay conservation area at the 357-acre Lyonia
Preserve in Volusia County and required specific long-term land
management criteria be met for the benefit of scrub-jays and other
scrub endemics. About 60 scrub-jay credits are currently available for
use by the Applicants under the terms of the MOU. As defined by the
MOU, a ``credit'' corresponds to acres of scrub-jay habitat. Two
``credits'' of mitigation at Lyonia Preserve are required to mitigate
each acre of proposed impact. Construction of the proposed roads will
require use of about 11.5 credits, while school construction will
require about 13.4 credits.
These projects were combined under one HCP because construction and
operation of the completed school would require that new roads be built
for access. Separate permit applications were submitted because two
different local authorities would be involved in carrying out the road
and school projects. Road construction would destroy about 5.7 acres of
occupied scrub-jay habitat, while construction of the school will
eliminate about 6.7 acres of occupied scrub-jay habitat. Combined,
these two projects would be expected to result in the take of three
scrub-jay families over a requested permit term of five years.
The Service has made a preliminary determination that issuance of
the requested ITP is not a major Federal action significantly affecting
the quality of the human environment within the meaning of Section
102(2)(C) of National Environmental Policy Act. 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 evaluate the HCP and comments submitted thereon to
determine whether the application meets the issuance criteria
requirements of section 10(a)(1)(B) of the Act (16 U.S.C. 1531 et
seq.). By conducting an intra-Service section 7 consultation the
Service will also evaluate whether issuance of the section 10(a)(1)(B)
ITP would comply with section 7 of the Act. The results of this
consultation, in
[[Page 7566]]
combination with the above findings, will be used in the final analysis
to determine whether or not to issue the ITPs. This notice is provided
pursuant to Section 10 of the Endangered Species Act and National
Environmental Policy Act regulations (40 CFR 1506.6).
Dated: January 27, 2006.
Cynthia K. Dohner
Acting Regional Director, Southeast Region.
[FR Doc. E6-1949 Filed 2-10-06; 8:45 am]
BILLING CODE 4310-55-P
