Receipt of an Application for an Incidental Take Permit for Construction of Four Multi-family Residences in Charlotte County, Florida, 77785-77787 [E6-22136]
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Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices
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 January 26, 2007.
ADDRESSES: Persons wishing to review
the application and HCP may obtain a
copy by writing the Service’s Southeast
Regional Office, 1875 Century
Boulevard, Suite 200, Atlanta, Georgia
30345 (Attn: Endangered Species
Permits), or the Service’s South Florida
Ecological Services Field Office, U.S.
Fish and Wildlife Service, 1339 20th
Street, Vero Beach, Florida 32960–3559.
Please reference permit number
TE118198–0 in such requests.
Documents will also be available for
public inspection by appointment
during normal business hours at the
Southeast Regional Office or the South
Florida Ecological Services Field Office.
FOR FURTHER INFORMATION CONTACT: Mr.
David Dell, Regional HCP Coordinator,
(see ADDRESSES above), telephone: 404/
679–7313, facsimile: 404/679–7081; or
Elizabeth Landrum, Fish and Wildlife
Biologist, South Florida Ecological
Services Field Office, Vero Beach,
Florida (see ADDRESSES above),
telephone: 772/562–3909, ext. 304,
facsimile: 772/562/4288.
SUPPLEMENTARY INFORMATION: If you
wish to comment, you may submit
comments by any one of several
methods. Please reference permit
number TE118198–0 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 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
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
jlentini on PROD1PC65 with NOTICES
DATES:
VerDate Aug<31>2005
20:43 Dec 26, 2006
Jkt 211001
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 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, which
has adversely affected the distribution
and numbers of scrub-jays. The total
estimated population is between 7,000
and 11,000 individuals.
Recent surveys by environmental
consultants documented the presence of
scrub-jays using the Applicants’
property in Port Charlotte, Florida
(Harbor Heights Subdivision). It was
determined that one scrub-jay family,
currently consisting of two adult birds,
likely use the property as a portion of
their territory. 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.
Since the Applicants’ residential lot
falls within a known scrub-jay territory,
it likely provides a portion of the
foraging, sheltering and possibly nesting
habitat needs for one scrub-jay family.
Construction of the proposed Project
may result in harm to scrub-jays,
incidental to the carrying out of
otherwise lawful activities. The
destruction of 0.23 acre of habitat
associated with the proposed residential
construction may result in the take of
one family of scrub-jays by reducing the
amount of available habitat within their
territory.
The Applicants propose to minimize
impacts to the scrub-jay by conducting
land clearing activities outside of the
nesting season (March 1 through June
30). In addition, the Applicants would
landscape only with native scrub oaks
and other native scrub vegetation, and
would avoid planting tall growing trees
that could serve as perches for scrub-jay
predators. The Applicants would not
keep and would try to prevent freeroaming cats from residing on the
property as these may prey upon young
scrub-jays. The Applicants propose to
mitigate the take of scrub-jays through
contribution of $12,190 to an approved
scrub-jay conservation fund. Funds in
this account would be earmarked for use
in the conservation and recovery of
scrub-jays, including habitat
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
77785
acquisition, restoration, and
management.
The Service has determined that the
Applicants’ proposal, including the
proposed mitigation and minimization
measures, would individually and
cumulatively have a minor or negligible
effect on the species covered in the
HCP. Therefore, the ITP is a ‘‘loweffect’’ project and would qualify as a
categorical exclusion under the National
Environmental Policy Act, as provided
by the Department of Interior Manual
(516 DM 2, Appendix 1 and 516 DM 6,
Appendix 1). This preliminary
information may be revised based on
our review of public comments that we
receive in response to this notice. Loweffect HCPs are those involving: (1)
Minor or negligible effects on federally
listed or candidate species and their
habitats, and (2) minor or negligible
effects on other environmental values or
resources.
The Service will evaluate the HCP
and comments submitted thereon to
determine whether the application
meets the requirements of section
10(a)(1)(B) of the Act. If it is determined
that those requirements are met, the ITP
would be issued for incidental take of
the Florida scrub-jay. The Service will
also evaluate whether issuance of the
section 10(a)(1)(B) ITP complies with
section 7 of the Act by conducting an
intra-Service section 7 consultation. The
results of this consultation, in
combination with the above findings,
will be used in the final analysis to
determine whether or not to issue an
ITP. This notice is provided pursuant to
section 10 of the Act and National
Environmental Policy Act regulations
(40 CFR 1506.6).
Dated: November 9, 2006.
Cynthia K. Dohner,
Acting Regional Director, Southeast Region.
[FR Doc. E6–22127 Filed 12–26–06; 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
Construction of Four Multi-family
Residences in Charlotte County,
Florida
Fish and Wildlife Service,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: Results Builders, Inc.
(Applicant) requests an incidental take
permit (ITP) for a duration of two years,
pursuant to section 10(a)(1)(B) of the
E:\FR\FM\27DEN1.SGM
27DEN1
jlentini on PROD1PC65 with NOTICES
77786
Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices
Endangered Species Act of 1973, as
amended (Act). The Applicant
anticipates removal of about 1.6 acres of
Florida scrub-jay (Aphelocoma
coerulescens)(scrub-jay) foraging,
sheltering, and possibly nesting habitat,
incidental to lot preparation for the
construction of four multi-family
residences and supporting infrastructure
on four lots 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 scrub-jay. These measures
are outlined in the SUPPLEMENTARY
INFORMATION section below.
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 January 26, 2007.
ADDRESSES: Persons wishing to review
the application and HCP may obtain a
copy by writing the Service’s Southeast
Regional Office, 1875 Century
Boulevard, Suite 200, Atlanta, Georgia
30345 (Attn: Endangered Species
Permits), or the Service’s South Florida
Ecological Services Field Office, U.S.
Fish and Wildlife Service, 1339 20th
Street, Vero Beach, Florida 32960–3559.
Please reference permit number
TE108858–0 in such requests.
Documents will also be available for
public inspection by appointment
during normal business hours at the
Southeast Regional Office or the South
Florida Ecological Services Field Office.
FOR FURTHER INFORMATION CONTACT: Mr.
David Dell, Regional HCP Coordinator,
(see ADDRESSES above), telephone: 404/
679–7313, facsimile: 404/679–7081; or
Connie Cassler, Fish and Wildlife
Biologist, South Florida Ecological
Services Field Office, Vero Beach,
Florida (see ADDRESSES above),
telephone: 772/562–3909, ext. 243,
facsimile 772/562–4288.
SUPPLEMENTARY INFORMATION: If you
wish to comment, you may submit
comments by any one of several
methods. Please reference permit
number TE108858–0 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 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
VerDate Aug<31>2005
20:43 Dec 26, 2006
Jkt 211001
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 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, which
has adversely affected the distribution
and numbers of scrub-jays. The total
estimated population is between 7,000
and 11,000 individuals.
Recent surveys by environmental
consultants documented the presence of
scrub-jays using the Applicant’s
property in Punta Gorda, Florida (Punta
Gorda Isles Subdivision). It was
determined that one scrub-jay family,
currently consisting of four birds, likely
use the Applicant’s four lots as a portion
of their territory. The 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 southern
Sarasota and western Charlotte
Counties.
Since the Applicant’s residential lots
fall within a known scrub-jay territory,
it likely provides a portion of the
foraging, sheltering and possibly nesting
habitat needs for one scrub-jay family.
Construction of the proposed Project
may result in harm to scrub-jays,
incidental to the carrying out of
otherwise lawful activities. The
destruction of 1.6 acres of habitat
associated with the proposed multifamily residential construction may
result in the take of one family of scrubjays by reducing the amount of available
habitat within their territory.
The Applicant proposes to mitigate
for the loss of 1.6 acres of scrub-jay
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
habitat by contribution to an authorized
scrub-jay fund. Contribution to a scrubjay fund would be $84,800, ear-marked
for use in the conservation and recovery
of scrub-jays and may include habitat
acquisition, restoration, and
management. This contribution would
be sufficient to acquire and perpetually
manage about 3.2 acres of suitable
occupied scrub-jay habitat based on a
replacement ratio of two mitigation
acres per one impact acre. The
Applicant proposes to minimize
impacts to the scrub-jay by conducting
land clearing activities outside of the
nesting season (March 1 through June
30) and to remove any exotic vegetation
from the lot. The Applicant also
proposes to landscape with native scrub
oaks and other native species to
maintain as natural a habitat as possible.
The Applicant has proposed the
footprint of all four dwellings on each
lot as close to the road as possible, so
that the largest possible area of
vegetation will exist in the rear of the
properties following landscaping. Since
the rear of each lot is adjacent to the rear
of one or two of the other lots, a
continuous strip of vegetation would be
created. The Applicant would avoid
planting perch trees for predators that
could prey on scrub-jays in the
surrounding unimproved lots.
The Service has determined that the
Applicant’s proposal, including the
proposed mitigation and minimization
measures, would individually and
cumulatively have a minor or negligible
effect on the species covered in the
HCP. Therefore, the ITP is a ‘‘loweffect’’ project and would qualify as a
categorical exclusion under the National
Environmental Policy Act, as provided
by the Department of Interior Manual
(516 DM 2, Appendix 1 and 516 DM 6,
Appendix 1). This preliminary
information may be revised based on
our review of public comments that we
receive in response to this notice. Loweffect HCPs are those involving: (1)
Minor or negligible effects on federally
listed or candidate species and their
habitats, and (2) minor or negligible
effects on other environmental values or
resources.
The Service will evaluate the HCP
and comments submitted thereon to
determine whether the application
meets the requirements of section
10(a)(1)(B) of the Act. If it is determined
that those requirements are met, the ITP
would be issued for incidental take of
the Florida scrub-jay. The Service will
also evaluate whether issuance of the
section 10(a)(1)(B) ITP complies with
section 7 of the Act by conducting an
intra-Service section 7 consultation. The
results of this consultation, in
E:\FR\FM\27DEN1.SGM
27DEN1
Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices
combination with the above findings,
will be used in the final analysis to
determine whether or not to issue an
ITP. This notice is provided pursuant to
section 10 of the Act and National
Environmental Policy Act regulations
(40 CFR 1506.6).
Dated: November 9, 2006.
Cynthia K. Dohner,
Acting Regional Director, Southeast Region.
[FR Doc. E6–22136 Filed 12–26–06; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
FOR FURTHER INFORMATION CONTACT:
Kristin K’eit, (907) 586–7423.
Bureau of Indian Affairs
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: This notice advises the public
that the Bureau of Indian Affairs (BIA),
with the cooperation of the Native
Village of Eyak, the Federal Highway
Administration, and the U.S. Army
Corps of Engineers, intends to file a
Final Environmental Impact Statement
(FEIS) with the U.S. Environmental
Protection Agency for the proposed oil
spill facility at Shepard Point, near
Cordova, Alaska, and that the FEIS is
now available for public review. The
purpose of the proposed project, the
Cordova Area Oil Spill Facility, is to
provide a deepwater staging facility for
the rapid deployment of equipment to
the sites of any oil spills that might
occur in the Prince William Sound and
environs.
DATES: The Record of Decision on the
proposed action will be issued on or
after January 30, 2007. Any comments
on the FEIS must arrive by January 29,
2007.
ADDRESSES: You may hand carry written
comments to the BIA’s Alaska Regional
Office at 709 West 9th Street, 3rd Floor
Federal Building, Juneau, Alaska, or
mail them to Kristin K’eit,
Environmental Scientist, Bureau of
Indian Affairs, Alaska Regional Office,
Division of Environmental and Cultural
Resource Management, P.O. Box 25520,
Juneau, Alaska 99802–5520. You may
also fax your comments to (907) 586–
7044, or submit them electronically at
the project Web site, https://
www.cordovarf@urscorp.com.
Note: BIA cannot receive electronic
comments directly via e-mail at this time.
20:43 Dec 26, 2006
The
proposed action that is the focus of this
Environmental Impact Statement (EIS)
is to construct an oil spill response
facility at Shepard Point near Cordova,
consisting of a dedicated deepwater
port, additional staging and storage area,
and a 4.5 mile access road to the
Cordova road system. The facility will
allow all tide transfer of out-of-region
supplies such as booms, skimmers,
sorbents, anchors, tools and personal
protective equipment from the all
weather airport at Cordova to a wider
variety of response vessels than can
currently use Cordova’s port. The BIA
determined that an EIS is required due
to the potentially significant effects of
the project. Construction of the Cordova
Oil Spill Response Facility would
enhance the regional spill response
capability that presently exists in Prince
William Sound by providing all tide
access and efficient flow of prepositioned and out-of-region equipment,
supplies and personnel to vessels
responding to oil spills in Prince
William Sound and the northern Gulf of
Alaska.
The proposed action is one of three
Prince William Sound oil spill response
facilities identified for construction in
the 1992 Alyeska Settlement Agreement
and Consent Decree (Alyeska Consent
Decree), and the only one that has not
yet been constructed. The Shepard Point
Road is identified as a baseline
transportation project in the 2001 Prince
William Sound Regional Transportation
Plan, included in the State
Transportation Improvement Program,
and listed as the top priority in the
Native Village of Eyak’s Tribal
Transportation Plan. The Alaska State
Legislature appropriated funds in 1993
for construction of a road to Shepard
Point in support of an oil spill response
facility and deepwater port at Shepard
Point. The Cordova City Council passed
a resolution in the spring of 2004
supporting development of the Shepard
Point oil spill response facility.
SUPPLEMENTARY INFORMATION:
Notice of Availability of the Final
Environmental Impact Statement for
the Proposed Oil Spill Response
Facility at Shepard Point, near
Cordova, Alaska
VerDate Aug<31>2005
Please include your name, return address,
and the caption, ‘‘FEIS Comments, Proposed
Cordova Oil Spill Response Facility,
Cordova, Alaska,’’ on the first page of your
written comments.
To obtain a copy of the FEIS, please
contact Kristin K’eit at the mailing address
above or her telephone number below.
Copies of the FEIS are available for public
review at the BIA’s Alaska Regional Office in
Juneau and at the Public Libraries in Juneau,
Cordova and Anchorage, Alaska. Copies of
the FEIS have also been sent to agencies and
individuals who participated in the scoping
process and to all others who have
previously requested copies of the document.
Jkt 211001
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
77787
The purpose of this project is to:
• Construct an oil spill response
facility and deepwater port in the
Cordova area that could receive oil spill
equipment from any location at all tides
via an air-to-ground-to-response-vessel
or cargo vessel-to-response-vessel
transportation sequence;
• Accommodate existing and
foreseeable future oil spill response and
cargo vessels with deeper drafts than the
current capabilities of existing facilities
in the area; and,
* Include an adequately sized area for
staging and storing response equipment
that would be contiguous to the dock.
The project is needed to improve and
enhance Cordova’s existing oil spill
response capabilities and to maximize
the efficiency with which Cordova
could support a response effort. The
project would allow for transfer of
response material from the all-weather
Cordova Airport to the full range of
response vessels, at any tide. It would
also allow the most efficient use of the
resources that are already available in
the Cordova area, including trained oil
spill responders, a large fleet of fishing
vessels, the all-weather airport and a
large amount of pre-positioned response
equipment. Chapter 1 of the FEIS
provides additional information
concerning the purpose and need for
this project.
Five alternatives, including a no
action alternative, are evaluated in the
FEIS. Fill dock and piling dock design
variants are identified for all of the
build alternatives, and four road options
are examined for Alternative 4 at
Shepard Point.
In Alternative 1, the no action
alternative, no new or improved
facilities would be constructed. Existing
oil spill response capabilities in
Cordova and Prince William Sound
would continue to serve. However, the
no action alternative would not meet the
purpose and need for improvements to
existing capabilities, nor would it fulfill
the requirements of the Alyeska Consent
Decree.
For Alternatives 2, 3 and 5, dredging
would be required to insure all-tide
access for all likely oil spill response
vessels. The deepest draft design vessels
require minimum water depths of –32
feet (ft) mean lower low water (MLLW)
at the dock and –35 ft MLLW in
navigational channels and turning
basins. Dredging of the shoal in the
Eastern Channel would be required for
Alternatives 2, 3, and 5 and would
improve the existing deep-draft channel
by providing a 350-ft wide channel with
a minimum clearance depth of –35 ft
MLLW between the relatively deep
water at the Cordova waterfront and the
E:\FR\FM\27DEN1.SGM
27DEN1
]]>Agencies
[Federal Register Volume 71, Number 248 (Wednesday, December 27, 2006)]
[Notices]
[Pages 77785-77787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22136]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of an Application for an Incidental Take Permit for
Construction of Four Multi-family Residences in Charlotte County,
Florida
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Results Builders, Inc. (Applicant) requests an incidental take
permit (ITP) for a duration of two years, pursuant to section
10(a)(1)(B) of the
[[Page 77786]]
Endangered Species Act of 1973, as amended (Act). The Applicant
anticipates removal of about 1.6 acres of Florida scrub-jay (Aphelocoma
coerulescens)(scrub-jay) foraging, sheltering, and possibly nesting
habitat, incidental to lot preparation for the construction of four
multi-family residences and supporting infrastructure on four lots 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 scrub-
jay. These measures are outlined in the SUPPLEMENTARY INFORMATION
section below.
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 January 26, 2007.
ADDRESSES: Persons wishing to review the application and HCP may obtain
a copy by writing the Service's Southeast Regional Office, 1875 Century
Boulevard, Suite 200, Atlanta, Georgia 30345 (Attn: Endangered Species
Permits), or the Service's South Florida Ecological Services Field
Office, U.S. Fish and Wildlife Service, 1339 20th Street, Vero Beach,
Florida 32960-3559. Please reference permit number TE108858-0 in such
requests. Documents will also be available for public inspection by
appointment during normal business hours at the Southeast Regional
Office or the South Florida Ecological Services Field Office.
FOR FURTHER INFORMATION CONTACT: Mr. David Dell, Regional HCP
Coordinator, (see ADDRESSES above), telephone: 404/679-7313, facsimile:
404/679-7081; or Connie Cassler, Fish and Wildlife Biologist, South
Florida Ecological Services Field Office, Vero Beach, Florida (see
ADDRESSES above), telephone: 772/562-3909, ext. 243, facsimile 772/562-
4288.
SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit
comments by any one of several methods. Please reference permit number
TE108858-0 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 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 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 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, which has adversely affected the distribution and
numbers of scrub-jays. The total estimated population is between 7,000
and 11,000 individuals.
Recent surveys by environmental consultants documented the presence
of scrub-jays using the Applicant's property in Punta Gorda, Florida
(Punta Gorda Isles Subdivision). It was determined that one scrub-jay
family, currently consisting of four birds, likely use the Applicant's
four lots as a portion of their territory. The 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 southern Sarasota and western Charlotte Counties.
Since the Applicant's residential lots fall within a known scrub-
jay territory, it likely provides a portion of the foraging, sheltering
and possibly nesting habitat needs for one scrub-jay family.
Construction of the proposed Project may result in harm to scrub-jays,
incidental to the carrying out of otherwise lawful activities. The
destruction of 1.6 acres of habitat associated with the proposed multi-
family residential construction may result in the take of one family of
scrub-jays by reducing the amount of available habitat within their
territory.
The Applicant proposes to mitigate for the loss of 1.6 acres of
scrub-jay habitat by contribution to an authorized scrub-jay fund.
Contribution to a scrub-jay fund would be $84,800, ear-marked for use
in the conservation and recovery of scrub-jays and may include habitat
acquisition, restoration, and management. This contribution would be
sufficient to acquire and perpetually manage about 3.2 acres of
suitable occupied scrub-jay habitat based on a replacement ratio of two
mitigation acres per one impact acre. The Applicant proposes to
minimize impacts to the scrub-jay by conducting land clearing
activities outside of the nesting season (March 1 through June 30) and
to remove any exotic vegetation from the lot. The Applicant also
proposes to landscape with native scrub oaks and other native species
to maintain as natural a habitat as possible. The Applicant has
proposed the footprint of all four dwellings on each lot as close to
the road as possible, so that the largest possible area of vegetation
will exist in the rear of the properties following landscaping. Since
the rear of each lot is adjacent to the rear of one or two of the other
lots, a continuous strip of vegetation would be created. The Applicant
would avoid planting perch trees for predators that could prey on
scrub-jays in the surrounding unimproved lots.
The Service has determined that the Applicant's proposal, including
the proposed mitigation and minimization measures, would individually
and cumulatively have a minor or negligible effect on the species
covered in the HCP. Therefore, the ITP is a ``low-effect'' project and
would qualify as a categorical exclusion under the National
Environmental Policy Act, as provided by the Department of Interior
Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). This
preliminary information may be revised based on our review of public
comments that we receive in response to this notice. Low-effect HCPs
are those involving: (1) Minor or negligible effects on federally
listed or candidate species and their habitats, and (2) minor or
negligible effects on other environmental values or resources.
The Service will evaluate the HCP and comments submitted thereon to
determine whether the application meets the requirements of section
10(a)(1)(B) of the Act. If it is determined that those requirements are
met, the ITP would be issued for incidental take of the Florida scrub-
jay. The Service will also evaluate whether issuance of the section
10(a)(1)(B) ITP complies with section 7 of the Act by conducting an
intra-Service section 7 consultation. The results of this consultation,
in
[[Page 77787]]
combination with the above findings, will be used in the final analysis
to determine whether or not to issue an ITP. This notice is provided
pursuant to section 10 of the Act and National Environmental Policy Act
regulations (40 CFR 1506.6).
Dated: November 9, 2006.
Cynthia K. Dohner,
Acting Regional Director, Southeast Region.
[FR Doc. E6-22136 Filed 12-26-06; 8:45 am]
BILLING CODE 4310-55-P
