Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for a Residential Development in Brevard County, FL

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of an Environmental Assessment and Receipt of an

Application for an Incidental Take Permit for a Residential Development

in Brevard County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Ocean Ridge, Ltd., (Applicant) a Florida limited partnership,

is seeking an incidental take permit from the Fish and Wildlife Service

(Service) pursuant to Section 10(a)(1)(B) of the Endangered Species Act

(Act). The proposed permit would authorize for a period of 10 years the

incidental take of a threatened species, the Florida scrub jay,

Aphelocoma coerulescens coerulescens, incidental to construction of

Ocean Ridge, a development consisting of 29 single family residences

and necessary infrastructure on approximately 9.4 acres (Project). The

Project is located along State Road A1A south of the city of Melbourne,

located north of an apartment complex known as The Hamptons, Sections

20 and 21, Township 28S, Range 38E, Brevard County, Florida.

The Service also announces the availability of an environmental

assessment (EA) and habitat conservation plan (HCP) for the incidental

take application. Copies of the EA or HCP may be obtained by making a

request to the Regional Office address below. The Service is soliciting

data on Aphelocoma coerulescens coerulescens in order to assist in the

requirement of the intra-Service consultation. This notice also advises

the public that the Service has made a preliminary determination that

issuing the incidental take permit is not a major Federal action

significantly affecting the quality of the human environment within the

meaning of Section 102(2)(C) of the National Environmental Policy Act

of 1969, as amended. The Finding of No Significant Impact is based on

information contained in the EA and HCP. The final determination will

be made no sooner than 30 days from the date of this notice. This

notice is provided pursuant to Section 10(c) of the Act and National

Environmental Policy Act Regulations (40 CFR 1506.6).

DATES: Written comments on the permit application, EA, and HCP should

be received on or before April 22, 1994.

ADDRESSES: Persons wishing to review the application, HCP, and EA may

obtain a copy by writing the Service's Southeast Regional Office,

Atlanta, Georgia. Documents will also be available for public

inspection by appointment during normal business hours at the Regional

Office, or the Jacksonville, Florida, Field Office. Written data or

comments concerning the application, EA, or HCP should be submitted to

the Regional Office. Please reference permit under PRT-787965 in such

comments.

Assistant Regional Director, U.S. Fish and Wildlife Service, 1875

Century Boulevard, suite 200, Atlanta, Georgia 30345, (telephone 404/

679-7110, fax 404/679-7081).

Field Supervisor, U.S. Fish and Wildlife Service, 6620 Southpoint

Drive, South, suite 310, Jacksonville, Florida 32216-0912, (telephone

904/232-2580, fax 904/232-2404).

FOR FURTHER INFORMATION CONTACT: Dawn Zattau at the Jacksonville,

Florida, Field Office, or Rick G. Gooch at the Atlanta, Georgia,

Regional Office.

SUPPLEMENTARY INFORMATION: Aphelocoma coerulescens coerulescens is

geographically isolated from other subspecies of scrub jays found in

Mexico and the Western United States. The scrub jay is found almost

exclusively in peninsular Florida and is restricted to scrub habitat.

The total estimated population is between 7,000 and 11,000 individuals.

Due to habitat loss and degradation throughout the State of Florida, it

has been estimated that the scrub jay population has been reduced by at

least half in the last 100 years. The scrub jay survey provided by the

Applicant indicates that two families, one consisting of a mating pair

with helpers and the other consisting of a mating pair without helpers,

currently use the site and surrounding suitable habitat areas. The

Applicant proposes to impact a portion of the territories of both scrub

jay families. Initial construction of roads and utilities and

subsequent development of individual homesites may therefore result in

death of, or injury to, Aphelocoma coerulescens coerulescens incidental

to the carrying out of these otherwise lawful activities. Habitat

alternation associated with property development may reduce the

availability of feeding, shelter, and nesting habitat.

The EA considers the environmental consequences of three

alternatives. The no action alternative may result in some loss of

habitat for Aphelocoma coerulescens coerulescens and exposure of the

Applicant under Section 9 of the Act. This action is inconsistent with

the purposes and intent of Section 10 of the Act. The delisting of the

Aphelocoma coerulescens coerulescens as an alternative was rejected as

biologically unjustifiable. Modification of the HCP as an alternative

was in part accommodated during the preapplication phase through

negotiations between the Applicant and the Service. The proposed action

alternative is issuance of the incidental take permit. This provides

for restrictions of construction activity, purchase of offsite suitable

Aphelocoma coerulescens coerulescens habitat, the establishment of an

endowment fund to manage the purchased habitat, protection of active

nesting areas during construction of the Project, exotic plant removal

and control, and provisions for placement of native plant species

within the Project. The HCP also provides a funding mechanism for these

mitigation measures.

Dated: March 11, 1994.

Warren T. Olds, Jr.,

Assistant Regional Director.

[FR Doc. 94-6703 Filed 3-22-94; 8:45 am]

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