Receipt of Application for Formal Modification of Issued Incidental Take Permit (ITP); Availability of an Environmental Assessment (EA); Baldwin County, AL, 34156-34158 [E6-9170]
Download as PDF
<![CDATA[
34156
Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Notices
analysis shows the SHA to be consistent
with the Service’s policies and
applicable regulations, the Service will
sign the SHA and issue the ESP.
Authority
We are providing this notice under
section 10(c) of the Endangered Species
Act and implementing regulations for
the National Environmental Policy Act
(40 CFR part 1506).
Dated: May 25, 2006.
Cynthia K. Dohner,
Acting Regional Director, Southeast Region.
[FR Doc. E6–9169 Filed 6–12–06; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of Application for Formal
Modification of Issued Incidental Take
Permit (ITP); Availability of an
Environmental Assessment (EA);
Baldwin County, AL
jlentini on PROD1PC65 with NOTICES
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice.
SUMMARY: We, the Fish and Wildlife
Service (Service), announce the
availability of an EA and Habitat
Conservation Plan (HCP)/Application
for amendment to an issued incidental
take permit. D & E Investments
(permittee) requests an amendment to
its ITP Number PRT–787172, which was
issued in 1994 under the Endangered
Species Act of 1973, as amended (Act),
for the take of the Alabama beach mouse
(Peromyscus polionotus ammobates)
(ABM). The proposed take would be
incidental to otherwise lawful activities,
including the construction, occupancy,
use, operation, and maintenance of a
residential condominium at Kiva Dunes
on the Fort Morgan Peninsula, in
Baldwin County, Alabama.
DATES: We must receive your written
comments on the ITP amendment
application, modified HCP, and EA on
or before July 13, 2006.
ADDRESSES: You may obtain hard or
electronic copies of the application,
HCP, and EA by sending a letter to the
Service’s Southeast Regional Office,
1875 Century Boulevard, Suite 200,
Atlanta, Georgia 30345 (Attn: HCP
Coordinator), or to the Service’s
Ecological Services Field Office, 1208–
B Main Street, Daphne, Alabama 36526,
or by sending an e-mail to
Aaron_Valenta@fws.gov. Submit your
written data or comments concerning
the proposed amendment and/or the
documents by mail to the Regional
VerDate Aug<31>2005
17:34 Jun 12, 2006
Jkt 208001
Office, by e-mail to
Aaron_Valenta@fws.gov, or by handdelivery to either Service office. For
more about how to request documents
or submit comments, see ‘‘Public
Comments Solicited’’ under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Mr.
Aaron Valenta, Regional Permit
Coordinator (see ADDRESSES), telephone:
(404) 679–4144; or Acting Field
Supervisor, Daphne Field Office (see
ADDRESSES), telephone: (251) 441–6181.
SUPPLEMENTARY INFORMATION: We
announce the availability of an EA and
HCP/Application for amendment to an
issued incidental take permit. The
permittee requests an amendment to ITP
Number PRT–787172, which was issued
on April 29, 1994, under section
10(a)(1)(B) of the Endangered Species
Act of 1973, as amended (Act) (16
U.S.C. 1531 et seq.), for the take of the
ABM. The proposed take would be
incidental to otherwise lawful activities,
including the construction, occupancy,
use, operation, and maintenance of a
residential condominium at Kiva Dunes
on the Fort Morgan Peninsula, in
Baldwin County, Alabama.
The amendment would allow the
permittee to build a 12-story
condominium with eight units per floor
on four beachfront lots, instead of the
four single-family residences, yet
unbuilt, that we originally approved the
permittee to build. The proposed action
would involve approval of the modified
HCP developed by the permittee, as
required by section 10(a)(2)(B) of the
Act, to minimize and mitigate for
incidental take of the ABM, the
threatened green sea turtle (Chelonia
mydas), the threatened loggerhead sea
turtle (Caretta caretta), and the
endangered Kemp’s ridley sea turtle
(Lepidochelys kempi). A detailed
description of the mitigation and
minimization measures to address the
effects of the project to the ABM and sea
turtles is provided in the permittee’s
HCP and also in our EA.
Public Comments Solicited
We specifically request information,
views, and opinions from the public via
this notice, including the identification
of any other aspects of the human
environment not already identified in
the EA. Further, we specifically solicit
information regarding the adequacy of
the HCP as measured against our ITP
issuance criteria found in 50 CFR parts
13 and 17.
If you wish to comment, you may
submit comments by any one of several
methods (see ADDRESSES). If you contact
us via e-mail, please include your name
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
and return mailing address in your email message. If you do not receive a
confirmation from us that we have
received your e-mail message, contact
us directly by telephone (see FOR
FURTHER INFORMATION CONTACT).
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.
Background
The ABM is one of eight subspecies
of the old field mouse restricted to
coastal dunes. We estimate that ABM
historically occupied approximately 45
kilometers (28 miles) of shoreline.
Monitoring (trapping and field
observations) of the ABM population on
other private lands that hold, or are
under review for, an ITP during the last
five years indicates that the Fort Morgan
Peninsula remains occupied (more or
less continuously) by ABM along its
primary and secondary dunes, as well as
the escarpment and suitable interior
habitat.
The permittee owns approximately
252 acres of land south of Alabama
Highway 180 on the Fort Morgan
Peninsula. The site is approximately
12.5 miles west of the intersection of
Highway 180 with Alabama Highway 59
in Gulf Shores, Baldwin County,
Alabama. On May 3, 1994, the Service
issued ITP number PRT–787172,
authorizing the take of ABM incidental
to construction and occupancy of the
Kiva Dunes development. The single
project includes a golf course, and both
multi-family and single-family
residential areas located north of
currently designated critical habitat.
The ITP did not establish a maximum
number of units to be developed as part
of the project. The site development
plan incorporated in the original HCP
anticipated the construction and
occupancy of 531 residential units
within the 91 acres designated for
E:\FR\FM\13JNN1.SGM
13JNN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Notices
residential development, which was in
accordance with the then-current
Baldwin County zoning for the site. The
original site development plan was to
consist of 30 single-family home sites
abutting critical habitat, known at that
time to be occupied by the ABM, and 60
single-family home sites in other areas
of the property, and multi-family
development in the interior portions of
the property. The ITP took into
consideration the impacts of the
permittee’s project as described in the
original development plans, and,
authorized construction of two dune
walkovers within ABM Critical Habitat.
A subsequent modification of the ITP
issued by the Service on December 12,
1997, authorized the construction and
maintenance of an additional 16 dune
walkovers within critical habitat to
allow individual homeowners to access
the beach portions of their property
without impacting the dune system by
pedestrian traffic.
The ITP imposes numerous
conditions to ensure appropriate
avoidance, minimization, and
mitigation of adverse impacts to ABM
on the property as a result of project
development. Among its major
conservation measures, the ITP reduces
the impacts from the construction on
lots abutting critical habitat (Lots 1B
through 30B), including the home site
footprint, driveway, patio, deck,
landscaping, and foundation plantings,
by limiting construction to 45 percent of
the area lying between the east-west
roadway (Kiva Way) and the Critical
Habitat line. As a result, 55 percent of
the area lying between Kiva Way and
the Critical Habitat line must be
permanently preserved. In addition, the
ITP includes written criteria and
specifications for implementing the
conservation provisions of the HCP,
including measures for long-term
protection, management, and
enhancement of dedicated ABM habitat
to the maximum extent practicable. Golf
course construction was completed in
1995 and utilities have been installed.
South of Kiva Way, construction has
been completed on six homes and
initiated on three additional homes.
North of Kiva Way, 45 homes have been
completed or are under construction.
The permittee seeks to replat four
undeveloped single-family home sites
south of Kiva Way (Lots 27, 28, 29, and
30) on the east side of the property. In
lieu of building single-family units on
these lots as originally planned, the
permittee proposes to build a 12-story
condominium with eight units per floor,
with a parking deck and other
amenities. Zoning for the condominium
VerDate Aug<31>2005
17:34 Jun 12, 2006
Jkt 208001
building has been approved by the
Baldwin County Commission.
Under the proposed site development
plan modification, the condominium
building and associated amenities,
including landscaping and lighting,
would occupy a total combined area of
1.24 acres of the total 2.75 acres on Lots
27–30. All of the proposed construction
activity would occur within 45 percent
of the area on these lots that is already
authorized to be developed under the
ITP. Other modifications proposed by
the permittee include the use of lighting
restrictions on the condominium
building and a reduction in the number
of dune walkovers, from four for the
original four lots, to two total for the
proposed condominium building. The
total occupancy of the overall Kiva
Dunes project would be approximately
21 percent less than that contemplated
under the original site development
plan authorized under the ITP and HCP.
The Service’s EA considers the effect
of the project on nesting sea turtles as
well as ABM. The green sea turtle has
a circumglobal distribution and is found
in tropical and subtropical waters. The
Florida population of this species is
federally listed as endangered;
elsewhere the species is listed as
threatened. Primary nesting beaches in
the southeastern United States occur in
a six-county area of east-central and
southeastern Florida, where nesting
activity ranges from approximately 350
to 2,300 nests annually. Our turtle
nesting surveys of the Fort Morgan
Peninsula, from Laguna Key west to
Mobile Point, from 1994 to 2005, have
not confirmed any green turtle nests,
though some crawls were suspected in
1999 and 2000.
The loggerhead turtle is listed as a
threatened species throughout its range.
This species is circumglobal, preferring
temperate and tropical waters. In the
southeastern United States, 50,000 to
70,000 nests occur annually, about 90
percent of which occur in Florida. Most
nesting in the Gulf outside of Florida
appears to be in the Chandeleur Islands
of Louisiana; Ship, Horn and Petit Bois
Islands in Mississippi; and the Gulffronting sand beaches of Alabama. For
the past six years, our nesting surveys
of the Fort Morgan Peninsula, from
Laguna Key to Mobile Point, have
confirmed that loggerheads continually
nest within the area. In 2004, we
documented 53 nests; however,
Hurricane Ivan destroyed the majority of
those nests prior to hatchling
emergence.
The Kemp’s ridley sea turtle is an
endangered species throughout its
range. Adults are found mainly in the
Gulf of Mexico. Immature turtles can be
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
34157
found along the Atlantic coast as far
north as Massachusetts and Canada. The
species’ historic range includes tropical
and temperate seas in the Atlantic Basin
and within the Gulf of Mexico. Nesting
occurs primarily in Tamaulipas,
Mexico, but occasionally nesting
activities have been documented in
Texas and other Southern States,
including an occasional nest in North
Carolina. In 1999, a Kemp’s ridley sea
turtle nested on Bon Secour National
Wildlife Refuge, which is approximately
two miles west of the Kiva Dunes site.
The EA considers the effects of two
project alternatives: (1) A no-action
alternative that would not change the
original ITP; and (2) an amendment to
the ITP that would authorize the
construction of a 12-story condominium
on the lots currently permitted for four
single residences. The difference
between the two alternatives relates to
the number of residents that would
occupy the four Gulf-front lots (numbers
27 through 30). The amount of
undisturbed habitat remaining on the
site after construction has been
completed would be the same.
Alternative 2, the construction of the
condominium building, would cause
the permanent loss of 45 percent of the
habitat north of Critical Habitat for the
four lots, or 1.24 acres. The area would
include all construction and
improvements, including amenities,
parking, lighting, and landscaping.
However, all of these impacts would
occur within the footprint of the
development authorized by the original
ITP. Therefore, as is the case with
Alternative 1, the direct habitat loss that
would result from the implementation
of this alternative would not exceed that
currently permitted.
The overall density of the project
would be less than originally planned
under the County’s zoning density
authorization. The previously issued
ITP included the entire Kiva Dunes
development. Although the number of
occupants on the four single-family
home sites within the permitted area
would increase with the placement of
the condominium building, the total
occupancy within the overall
development would be decreased from
that contemplated and approved under
the original ITP. As originally proposed,
the site development plan for the Kiva
Dunes project had 531 units. Under the
proposed site development plan
modification, there would be 420 units.
This represents a decrease of 111 units
from that authorized by the ITP, or 21
percent fewer individuals utilizing the
permitted area based on the Service’s
calculation of four persons per unit
during peak season. Therefore, the
E:\FR\FM\13JNN1.SGM
13JNN1
34158
Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Notices
preferred alternative would result in the
reduction of overall residential density
within the permit area.
All avoidance, minimization, and
mitigation measures for ABM protection
provided in the ITP (as described in
Alternative 1) would be maintained
under this alternative. In addition, the
permittee proposes other modifications
to the current amended HCP that would
reduce habitat impacts for ABM, as well
as additional measures to protect sea
turtles. The permittee would evaluate
the escarpment prior to construction
and retain the greatest amount of
escarpment possible in the construction
of the condominium building. The
number of dune walkovers would be
reduced from four to two. One of the
two remaining dune walkovers would
have to be larger than originally
proposed under the Amendment to the
ITP, based on more recent
communication from the Fort Morgan
Volunteer Fire Department requesting
that additional beach access be provided
for life safety issues. The impacts of the
dune walkovers on critical habitat
would be reduced from approximately
8000 square feet to approximately 5000
square feet. Lighting restrictions and
other measures required by the Service
would also be incorporated to address
protected species that were not included
in the original ITP.
Authority: This notice is provided
pursuant to section 10 of the Act and
National Environmental Policy Act
regulations at 40 CFR 1506.6.
Dated: May 24, 2006.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. E6–9170 Filed 6–12–06; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Geological Survey
Scientific Earthquake Studies Advisory
Committee
U.S. Geological Survey.
Notice of meeting.
AGENCY:
ACTION:
Pursuant to Public Law 106–
503, the Scientific Earthquake Studies
Advisory Committee (SESAC) will hold
its thirteenth meeting. The meeting
location is the Colorado School of Mines
campus at the Green Center in Golden
Colorado. The Green Center is located
between 15th & 16th on Arapahoe (925
16th Street). The Committee is
comprised of members from academia,
industry, and State government. The
Committee shall advise the Director of
the U.S. Geological Survey (USGS) on
jlentini on PROD1PC65 with NOTICES
SUMMARY:
VerDate Aug<31>2005
17:34 Jun 12, 2006
Jkt 208001
matters relating to the USGS’s
participation in the National Earthquake
Hazards Reduction Program.
The Committee will provide guidance
on how to move from hazard assessment
into risk-based products developed with
partners.
Meetings of the Scientific Earthquake
Studies Advisory Committee are open to
the public.
DATES: July 6, 2006, commencing at 9
a.m. and adjourning at Noon on July 7,
2006.
FOR FURTHER INFORMATION CONTACT: Dr.
David Applegate, U.S. Geological
Survey, MS 905, 12201 Sunrise Valley
Drive, Reston, Virginia 20192. (703)
648–6714. applegate@usgs.gov.
Dated: June 6, 2006.
Frances Pierce,
Acting Associate Director for Geology.
[FR Doc. 06–5329 Filed 6–12–06; 8:45 am]
BILLING CODE 4311–AM–M
DEPARTMENT OF THE INTERIOR
National Park Service
60-Day Notice of Intention To Request
Clearance of Collection Informaion;
Opportunity for Public Comment
National Park Service, Interior.
Notice and request for
comments.
AGENCY:
ACTION:
SUMMARY: Under the provisions of the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13, 44 U.S.C., chapter 3507) and
5 CFR part 1320, Reporting and
Recordkeeping Requirements, the
National Park Service (NPS) invites
public comments on an extension of a
currently approved information
collection (OMB #1024–0064).
DATES: Comments on this notice must be
received by August 14, 2006.
ADDRESSES: Send comments to: Edward
O. Kassman, Jr., Regulatory Specialist,
Planning, Evaluation & Permits Branch,
Geologic Resources Division, National
Park Service, P.O. Box 25287,
Lakewood, Colorado 80225. E-mail:
EdwardlKassman@nps.gov. To request
copies of the regulations contact:
Edward O. Kassman, Jr. at the above
address. The information collection may
be viewed on-line at: https://
www2.nature.nps.gov/geology/mining/
9altext.htm and https://
www2.nature.nps.gov/geology/
oillandlgas/9bltext.htm.
FOR FURTHER INFORMATION CONTACT:
Edward O. Kassman, Jr., at 303–969–
2146.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
Title: NPS/Minerals Management
Program/Mining Claims and NonFederal Oil and Gas Rights.
OMB Number: 1024–0064.
Expiration Date: August 31, 2006.
Type of Request: Revision of a
currently approved information
collection.
Description of Need: The NPS
regulates mineral development activities
inside park boundaries on mining
claims and on non-Federal oil and gas
rights under regulations codified at 36
CFR part 9, subpart A (‘‘9A
regulations’’), and 36 CFR part 9,
subpart B (‘‘9B Regulations’’),
respectively. The NPS promulgated both
sets of regulations in the late 1970’s. In
the case of mining claims, the NPS
promulgated the 9A regulations
pursuant to congressional authority
granted under the Mining in the Parks
Act of 1976, 16 U.S.C. 1901 et seq., and
individual park enabling statutes. For
non-Federal oil and gas rights, the NPS
regulates development activities
pursuant to authority under the NPS
Organic Act of 1916, 16 U.S.C. 1 et seq.,
and individual enabling statutes. As
directed by Congress, the NPS
developed the regulations in order to
protect park resources and visitor values
from the adverse impacts associated
with mineral development in park
boundaries. NPS specifically requests
comments on: (1) The need for
information including whether the
information has practical utility; (2) the
accuracy of the reporting burden hour
estimates; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of
information collection on respondents,
including the use of automated
collection techniques or other forms of
information technology.
It is the practice of the NPS to make
all comments, including names and
addresses of respondents who provide
that information, available for public
review following the conclusion of the
NEPA process. Individuals may request
that the NPS withhold their name and/
or address from public disclosure. If you
wish to do this, you must state this
prominently at the beginning of your
comments. Commentators using the
Web site can make such a request by
checking the box ‘‘keep my information
private.’’ NPS will honor such requests
to the extent allowable by law, but you
should be aware that NPS may still be
required to disclose your name and
address pursuant to the Freedom of
Information Act.
Description of Respondents: 1⁄4
medium to large publicly owned
companies and 3⁄4 private entities.
E:\FR\FM\13JNN1.SGM
13JNN1
]]>Agencies
[Federal Register Volume 71, Number 113 (Tuesday, June 13, 2006)]
[Notices]
[Pages 34156-34158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9170]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of Application for Formal Modification of Issued
Incidental Take Permit (ITP); Availability of an Environmental
Assessment (EA); Baldwin County, AL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), announce the
availability of an EA and Habitat Conservation Plan (HCP)/Application
for amendment to an issued incidental take permit. D & E Investments
(permittee) requests an amendment to its ITP Number PRT-787172, which
was issued in 1994 under the Endangered Species Act of 1973, as amended
(Act), for the take of the Alabama beach mouse (Peromyscus polionotus
ammobates) (ABM). The proposed take would be incidental to otherwise
lawful activities, including the construction, occupancy, use,
operation, and maintenance of a residential condominium at Kiva Dunes
on the Fort Morgan Peninsula, in Baldwin County, Alabama.
DATES: We must receive your written comments on the ITP amendment
application, modified HCP, and EA on or before July 13, 2006.
ADDRESSES: You may obtain hard or electronic copies of the application,
HCP, and EA by sending a letter to the Service's Southeast Regional
Office, 1875 Century Boulevard, Suite 200, Atlanta, Georgia 30345
(Attn: HCP Coordinator), or to the Service's Ecological Services Field
Office, 1208-B Main Street, Daphne, Alabama 36526, or by sending an e-
mail to Aaron--Valenta@fws.gov. Submit your written data or comments
concerning the proposed amendment and/or the documents by mail to the
Regional Office, by e-mail to Aaron--Valenta@fws.gov, or by hand-
delivery to either Service office. For more about how to request
documents or submit comments, see ``Public Comments Solicited'' under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Mr. Aaron Valenta, Regional Permit
Coordinator (see ADDRESSES), telephone: (404) 679-4144; or Acting Field
Supervisor, Daphne Field Office (see ADDRESSES), telephone: (251) 441-
6181.
SUPPLEMENTARY INFORMATION: We announce the availability of an EA and
HCP/Application for amendment to an issued incidental take permit. The
permittee requests an amendment to ITP Number PRT-787172, which was
issued on April 29, 1994, under section 10(a)(1)(B) of the Endangered
Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), for the
take of the ABM. The proposed take would be incidental to otherwise
lawful activities, including the construction, occupancy, use,
operation, and maintenance of a residential condominium at Kiva Dunes
on the Fort Morgan Peninsula, in Baldwin County, Alabama.
The amendment would allow the permittee to build a 12-story
condominium with eight units per floor on four beachfront lots, instead
of the four single-family residences, yet unbuilt, that we originally
approved the permittee to build. The proposed action would involve
approval of the modified HCP developed by the permittee, as required by
section 10(a)(2)(B) of the Act, to minimize and mitigate for incidental
take of the ABM, the threatened green sea turtle (Chelonia mydas), the
threatened loggerhead sea turtle (Caretta caretta), and the endangered
Kemp's ridley sea turtle (Lepidochelys kempi). A detailed description
of the mitigation and minimization measures to address the effects of
the project to the ABM and sea turtles is provided in the permittee's
HCP and also in our EA.
Public Comments Solicited
We specifically request information, views, and opinions from the
public via this notice, including the identification of any other
aspects of the human environment not already identified in the EA.
Further, we specifically solicit information regarding the adequacy of
the HCP as measured against our ITP issuance criteria found in 50 CFR
parts 13 and 17.
If you wish to comment, you may submit comments by any one of
several methods (see ADDRESSES). If you contact us via e-mail, please
include your name and return mailing address in your e-mail message. If
you do not receive a confirmation from us that we have received your e-
mail message, contact us directly by telephone (see FOR FURTHER
INFORMATION CONTACT).
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.
Background
The ABM is one of eight subspecies of the old field mouse
restricted to coastal dunes. We estimate that ABM historically occupied
approximately 45 kilometers (28 miles) of shoreline. Monitoring
(trapping and field observations) of the ABM population on other
private lands that hold, or are under review for, an ITP during the
last five years indicates that the Fort Morgan Peninsula remains
occupied (more or less continuously) by ABM along its primary and
secondary dunes, as well as the escarpment and suitable interior
habitat.
The permittee owns approximately 252 acres of land south of Alabama
Highway 180 on the Fort Morgan Peninsula. The site is approximately
12.5 miles west of the intersection of Highway 180 with Alabama Highway
59 in Gulf Shores, Baldwin County, Alabama. On May 3, 1994, the Service
issued ITP number PRT-787172, authorizing the take of ABM incidental to
construction and occupancy of the Kiva Dunes development. The single
project includes a golf course, and both multi-family and single-family
residential areas located north of currently designated critical
habitat. The ITP did not establish a maximum number of units to be
developed as part of the project. The site development plan
incorporated in the original HCP anticipated the construction and
occupancy of 531 residential units within the 91 acres designated for
[[Page 34157]]
residential development, which was in accordance with the then-current
Baldwin County zoning for the site. The original site development plan
was to consist of 30 single-family home sites abutting critical
habitat, known at that time to be occupied by the ABM, and 60 single-
family home sites in other areas of the property, and multi-family
development in the interior portions of the property. The ITP took into
consideration the impacts of the permittee's project as described in
the original development plans, and, authorized construction of two
dune walkovers within ABM Critical Habitat. A subsequent modification
of the ITP issued by the Service on December 12, 1997, authorized the
construction and maintenance of an additional 16 dune walkovers within
critical habitat to allow individual homeowners to access the beach
portions of their property without impacting the dune system by
pedestrian traffic.
The ITP imposes numerous conditions to ensure appropriate
avoidance, minimization, and mitigation of adverse impacts to ABM on
the property as a result of project development. Among its major
conservation measures, the ITP reduces the impacts from the
construction on lots abutting critical habitat (Lots 1B through 30B),
including the home site footprint, driveway, patio, deck, landscaping,
and foundation plantings, by limiting construction to 45 percent of the
area lying between the east-west roadway (Kiva Way) and the Critical
Habitat line. As a result, 55 percent of the area lying between Kiva
Way and the Critical Habitat line must be permanently preserved. In
addition, the ITP includes written criteria and specifications for
implementing the conservation provisions of the HCP, including measures
for long-term protection, management, and enhancement of dedicated ABM
habitat to the maximum extent practicable. Golf course construction was
completed in 1995 and utilities have been installed. South of Kiva Way,
construction has been completed on six homes and initiated on three
additional homes. North of Kiva Way, 45 homes have been completed or
are under construction.
The permittee seeks to replat four undeveloped single-family home
sites south of Kiva Way (Lots 27, 28, 29, and 30) on the east side of
the property. In lieu of building single-family units on these lots as
originally planned, the permittee proposes to build a 12-story
condominium with eight units per floor, with a parking deck and other
amenities. Zoning for the condominium building has been approved by the
Baldwin County Commission.
Under the proposed site development plan modification, the
condominium building and associated amenities, including landscaping
and lighting, would occupy a total combined area of 1.24 acres of the
total 2.75 acres on Lots 27-30. All of the proposed construction
activity would occur within 45 percent of the area on these lots that
is already authorized to be developed under the ITP. Other
modifications proposed by the permittee include the use of lighting
restrictions on the condominium building and a reduction in the number
of dune walkovers, from four for the original four lots, to two total
for the proposed condominium building. The total occupancy of the
overall Kiva Dunes project would be approximately 21 percent less than
that contemplated under the original site development plan authorized
under the ITP and HCP.
The Service's EA considers the effect of the project on nesting sea
turtles as well as ABM. The green sea turtle has a circumglobal
distribution and is found in tropical and subtropical waters. The
Florida population of this species is federally listed as endangered;
elsewhere the species is listed as threatened. Primary nesting beaches
in the southeastern United States occur in a six-county area of east-
central and southeastern Florida, where nesting activity ranges from
approximately 350 to 2,300 nests annually. Our turtle nesting surveys
of the Fort Morgan Peninsula, from Laguna Key west to Mobile Point,
from 1994 to 2005, have not confirmed any green turtle nests, though
some crawls were suspected in 1999 and 2000.
The loggerhead turtle is listed as a threatened species throughout
its range. This species is circumglobal, preferring temperate and
tropical waters. In the southeastern United States, 50,000 to 70,000
nests occur annually, about 90 percent of which occur in Florida. Most
nesting in the Gulf outside of Florida appears to be in the Chandeleur
Islands of Louisiana; Ship, Horn and Petit Bois Islands in Mississippi;
and the Gulf-fronting sand beaches of Alabama. For the past six years,
our nesting surveys of the Fort Morgan Peninsula, from Laguna Key to
Mobile Point, have confirmed that loggerheads continually nest within
the area. In 2004, we documented 53 nests; however, Hurricane Ivan
destroyed the majority of those nests prior to hatchling emergence.
The Kemp's ridley sea turtle is an endangered species throughout
its range. Adults are found mainly in the Gulf of Mexico. Immature
turtles can be found along the Atlantic coast as far north as
Massachusetts and Canada. The species' historic range includes tropical
and temperate seas in the Atlantic Basin and within the Gulf of Mexico.
Nesting occurs primarily in Tamaulipas, Mexico, but occasionally
nesting activities have been documented in Texas and other Southern
States, including an occasional nest in North Carolina. In 1999, a
Kemp's ridley sea turtle nested on Bon Secour National Wildlife Refuge,
which is approximately two miles west of the Kiva Dunes site.
The EA considers the effects of two project alternatives: (1) A no-
action alternative that would not change the original ITP; and (2) an
amendment to the ITP that would authorize the construction of a 12-
story condominium on the lots currently permitted for four single
residences. The difference between the two alternatives relates to the
number of residents that would occupy the four Gulf-front lots (numbers
27 through 30). The amount of undisturbed habitat remaining on the site
after construction has been completed would be the same.
Alternative 2, the construction of the condominium building, would
cause the permanent loss of 45 percent of the habitat north of Critical
Habitat for the four lots, or 1.24 acres. The area would include all
construction and improvements, including amenities, parking, lighting,
and landscaping. However, all of these impacts would occur within the
footprint of the development authorized by the original ITP. Therefore,
as is the case with Alternative 1, the direct habitat loss that would
result from the implementation of this alternative would not exceed
that currently permitted.
The overall density of the project would be less than originally
planned under the County's zoning density authorization. The previously
issued ITP included the entire Kiva Dunes development. Although the
number of occupants on the four single-family home sites within the
permitted area would increase with the placement of the condominium
building, the total occupancy within the overall development would be
decreased from that contemplated and approved under the original ITP.
As originally proposed, the site development plan for the Kiva Dunes
project had 531 units. Under the proposed site development plan
modification, there would be 420 units. This represents a decrease of
111 units from that authorized by the ITP, or 21 percent fewer
individuals utilizing the permitted area based on the Service's
calculation of four persons per unit during peak season. Therefore, the
[[Page 34158]]
preferred alternative would result in the reduction of overall
residential density within the permit area.
All avoidance, minimization, and mitigation measures for ABM
protection provided in the ITP (as described in Alternative 1) would be
maintained under this alternative. In addition, the permittee proposes
other modifications to the current amended HCP that would reduce
habitat impacts for ABM, as well as additional measures to protect sea
turtles. The permittee would evaluate the escarpment prior to
construction and retain the greatest amount of escarpment possible in
the construction of the condominium building. The number of dune
walkovers would be reduced from four to two. One of the two remaining
dune walkovers would have to be larger than originally proposed under
the Amendment to the ITP, based on more recent communication from the
Fort Morgan Volunteer Fire Department requesting that additional beach
access be provided for life safety issues. The impacts of the dune
walkovers on critical habitat would be reduced from approximately 8000
square feet to approximately 5000 square feet. Lighting restrictions
and other measures required by the Service would also be incorporated
to address protected species that were not included in the original
ITP.
Authority: This notice is provided pursuant to section 10 of the
Act and National Environmental Policy Act regulations at 40 CFR
1506.6.
Dated: May 24, 2006.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. E6-9170 Filed 6-12-06; 8:45 am]
BILLING CODE 4310-55-P
