Availability of Environmental Assessment, Preliminary Finding of No Significant Impact and Receipt of Application for a Habitat Conservation Plan/Appplication for Incidental Take Permit for a Project Known as Lantana Ocean Front, Brevard County, FL

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of Environmental Assessment, Preliminary Finding of

No Significant Impact and Receipt of Application for a Habitat

Conservation Plan/Appplication for Incidental Take Permit for a Project

Known as Lantana Ocean Front, Brevard County, FL

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Mr. Maurice Kodsi, of Lantana Development of Brevard, Inc.

(Applicant) is seeking an incidental take permit (ITP) from the Fish

and Wildlife Service (Service), pursuant to section 10(a)(1)(B) of the

Endangered Species Act of 1973 (Act), as amended. The ITP would

authorize the take of one family of the federally threatened Florida

scrub-jay, Aphelocoma coerulescens, in Brevard County, Florida, for a

period of 10 years. The proposed taking would be incidental to

construction of a 96-unit condominium called Lantana Ocean Front, a

Condominium, also known as the Milford/Martesia Site (Project). The

Project will involve the clearing of 4.7 acres of a 10-acre site for

the construction of four, four-story buildings, separate garages, a

swimming pool with bath house, a dune crossover, and parking. The

remaining 5.3 acres of the property, which lies seaward, is below the

Indian Harbour Beach Setback Line, and will be preserved. A pair of

Florida scrub-jays occupies 2.2 acres of the developable property which

will be permanently altered by the proposed construction activity.

The project, called Lantana Ocean Front, a Condominium, also known

as the Milford/Martesia Site, is located east of and bordering Highway

A1A approximately one mile north of State Road 518 (Eau Gallie

Causeway), in Section 12, Township 27 South, Range 37 East, in the

central beaches area of Indian Harbour, Brevard County, Florida.

The Service also announces the availability of an Environmental

Assessment (EA) on the submitted application for incidental take/

Habitat Conservation Plan (HCP). Copies of the EA and/or HCP may be

obtained by making a request to the Regional Office (see ADDRESSES).

This notice also advises the public that the Service has made a

preliminary determination that re-issuing the ITP 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 (NEPA), as amended. This Finding of No

Significant Impact (FONSI) is based on information contained in the EA

and HCP. Further, the Service specifically requests comment on the

appropriateness of the ``No Surprises'' assurances contained in this

application. ``No Surprises'' means that the applicant will not be

required to pay for mitigation beyond that contained in the application

at any time in the future, so long as the species are adequately

covered and the HCP is properly functioning. The Service will evaluate

this application, associated documents, and comments submitted thereon

to determine whether the application meets the requirements of NEPA

regulations and Section 10(a) of the Act. If it is determined that the

requirements are met, an ITP will be issued for the incidental take of

the Florida scrub-jay. The final determinations will not be completed

until after the end of the 30-day comment period and will fully

consider all public comments received during the comment period. This

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

regulations (40 CFR 1506.6).

DATES: Written comments on the application/HCP, and EA should be sent

to the Service's Regional Office (see ADDRESSES) and should be received

on or before April 27, 1998.

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, 1875 Century Boulevard, Suite 200, Atlanta, Georgia 30345

(Attn: Endangered Species Permits), or at the Jacksonville, Florida,

Field Office, 6620 Southpoint Drive, South, Suite 310, Jacksonville,

Florida 32216-0912. Written data or comments concerning the

application, EA, or HCP should be submitted to the Regional Office.

Comments must be submitted in writing to be processed. Please reference

permit PRT-840501 in such comments, or in requests for the documents

discussed herein. Requests

[[Page 14728]]

for the documents must be in writing to be adequately processed.

FOR FURTHER INFORMATION CONTACT: Mr. Rick G. Gooch, Regional Permit

Coordinator, Atlanta, Georgia (see ADDRESSES above), telephone: 404/

679-7110; or Mr. Jay Herrington at the Jacksonville, Florida, Field

Office (see ADDRESSES above), telephone: 904/232-2580.

SUPPLEMENTARY INFORMATION: Aphelocoma coerulescens is geographically

isolated from other species of scrub-jays found in Mexico and the

Western United States. The Florida scrub-jay is found 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 Florida scrub-jay population has been reduced

by at least half in the last 100 years. Surveys indicate that one

family of Florida scrub-jays inhabits the Project site. Construction of

the Project's infrastructure and subsequent construction of the

condominium will likely result in the death of, or injury to,

Aphelocoma coerulescens incidental to the carrying out of the otherwise

lawful activities. Habitat alteration associated with property

development will reduce the availability of feeding, shelter, and

nesting habitat.

The EA considers the consequences of the three alternatives. The

first alternative, the proposed action alternative, is issuance of an

ITP with the requirement that all lost habitat be mitigated by

replacement via acquisition of habitat off of the barrier island.

Further, this alternative provides for restrictions of construction

activity, purchase of offsite habitat for the Florida scrub-jay,

establishment of an endowment fund for managing the offsite acquired

habitat, and donation of the additional offsite habitat. The HCP

provides a funding mechanism for these mitigation measures. The second

alternative is issuance of an ITP with mitigation on the barrier

island. Cumulative impacts of historical development has left the

remaining scrub habitat extremely fragmented and spatially isolated.

Consequently, predation rates have increased and reproductive success

has decreased. This alternative discusses the consequences of this

mitigation approach to the overall success of achieving effective

habitat/species replacement. The no action alternative may result in

loss of habitat for Aphelocoma coerulescens and exposure of the

applicant to Section 9 of the Act.

As stated above, the Service has made a preliminary determination

that the issuance of an amended ITP is not a major Federal action

significantly affecting the quality of the human environment within the

meaning of Section 102(2)(C) of NEPA. This preliminary information may

be revised due to public comment received in response to this notice

and is based on information contained in the EA, HCP, and appropriate

amendments. An appropriate excerpt from the FONSI reflecting the

Service's finding on the application is provided below:

Based on the analysis conducted by the Service, it has been

determined that:

1. Issuance of an ITP would not have significant effects on the

human environment in the project area.

2. The proposed take is incidental to an otherwise lawful activity.

3. The applicant has ensured that adequate additional funding will

be provided to implement the measures proposed in the submitted HCP.

4. Other than impacts to endangered and threatened species as

outlined in the documentation of this decision, the indirect impacts

which may result from issuance of the ITP are addressed by other

regulations and statutes under the jurisdiction of other government

entities. The validity of the Service's ITP is contingent upon the

Applicant's compliance with the terms of his permit and all other laws

and regulations under the control of State, local, and other Federal

governmental entities.

The Service will also evaluate whether the issuance of the amended

Section 10(a)(1)(B) ITP complies with Section 7 of the Act by

conducting an intra-Service Section 7 consultation. The results of the

biological opinions, in combination with the above findings, will be

used in the final analysis to determine whether or not to issue this

ITP.

Dated: March 20, 1998.

H. Dale Hall,

Deputy Regional Director.

[FR Doc. 98-7885 Filed 3-25-98; 8:45 am]

BILLING CODE 4310-55-P