[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Notices]
[Pages 3517-3518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1604]
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DEPARTMENT OF THE INTERIOR
Availability of Amended Environmental Assessment and Receipt of
Application for Amendment To Previously Issued Incidental Take Permit
From Sage Development Company, LLC, Daphne, AL
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: Sage Development Company, LLC, (Sage) seeks an amendment to
their previously issued incidental take permit (ITP), PRT-811416, from
the Fish and Wildlife Service (Service), pursuant to Section
10(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) (Act), as amended. The ITP authorizes for a period of 30 years
the incidental take of an endangered species, the Alabama beach mouse
(Peromyscus polionotus ammobates), known to occupy a 25.7-acre tract of
land owned by Sage on the Fort Morgan Peninsula, Baldwin County,
Alabama. Sage proposes to expand the original project, known as The
Dunes, by 9.6 acres to occupy a total project area of 35.3 acres, and
expand construction to include a total of 4 condominium complexes, 50
single family/duplex lots, their associated landscaped grounds and
parking areas, recreational amenities, and dune walkover structures.
The originally permitted project included 3 condominium complexes, and
38 single family/duplex lots.
The Service also announces the availability of a supplement to the
May 15, 1996, environmental assessment (EA) and an amended habitat
conservation plan (HCP) for the revised incidental take. 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
with the requested amendment 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. The Finding of No Significant Impact
(FONSI) is based on information contained in the EA and amended 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 of
the Act and NEPA regulations (40 CFR 1506.6).
DATES: Written comments on the amended application, EA, and amended HCP
should be sent to the Service's Regional Office (see ADDRESSES) and
should be received on or before February 24, 1997.
ADDRESSES: Persons wishing to review the amended 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 Jackson, Mississippi,
Field Office, 6578 Dogwood View Parkway, Suite A, Jackson, Mississippi
39213. 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-811416 in such
comments, or in requests for the documents discussed herein. Requests
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. Will McDearman at the Jackson, Mississippi, Field
Office (see ADDRESSES above), telephone: 601/965-4900.
SUPPLEMENTARY INFORMATION: The Alabama beach mouse (ABM), Peromyscus
polionotus ammobates, is a subspecies of the common oldfield mouse
Peromyscus polionotus and is restricted to the dune systems of the Gulf
Coast of Alabama. The known current range of ABM extends from Fort
Morgan eastward to the western terminus of Alabama Highway 182,
including the Perdue Unit on the Bon Secour National Wildlife Refuge
(BSNWR). The sand dune systems inhabited by this species are not
uniform; several habitat types are distinguishable. The species
inhabits primary dunes, interdune areas, secondary dunes, and scrub
dunes. The depth and area of these habitats from the beach inland
varies. Population surveys indicate that this subspecies is usually
more abundant in primary dunes than in secondary dunes, and usually
more abundant in secondary dunes than in scrub dunes. Optimal habitat
consists of dune systems with all dune types. Though fewer ABM inhabit
scrub dunes, these high dunes can serve as refugia during devastating
hurricanes that overwash, flood, and destroy or alter secondary and
frontal dunes. ABM surveys on the applicant's property reveal habitat
occupied by ABM. The applicant's property contains designated critical
habitat for the ABM. Expansion of the previously-permitted project may
result in the death of, or injury to, ABM in excess of that previously
expected. Habitat alterations due to expanded condominium placement and
subsequent human habitation of the amended project may result in
further reductions of available habitat for food, shelter, and
reproduction.
The supplement to the May 15, 1996, EA considers the environmental
consequences of several alternatives for the amended project. One
action proposed is issuance of the amended ITP based upon submittal of
the revised HCP as proposed. This alternative provides for restrictions
that include placing no habitable structures seaward of the designated
ABM critical habitat, establishment of walkover structures across
designated critical habitat, a prohibition against housing or keeping
pet cats, ABM competitor control and monitoring measures, scavenger-
proof garbage containers, creation of educational and information
brochures on ABM conservation, and the minimization and control of
outdoor lighting. Further, the revised HCP proposes to increase, in
relative proportion compared to the original project, an endowment to
acquire ABM habitat off-site or otherwise perform some other
conservation measure for the ABM. The revised HCP provides additional
funding for these mitigation measures. Another alternative is
consideration of different project designs that further minimize
permanent loss of ABM habitat. A third
[[Page 3518]]
alternative is no-action, or deny either request for authorization to
incidentally take the ABM.
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 amended ITP would not have significant effects on
the human environment in the project area.
2. The additional 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
revisions to the 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 amended 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 an
amended ITP.
Dated: January 15, 1997.
Noreen K. Clough,
Regional Director.
[FR Doc. 97-1604 Filed 1-22-97; 8:45 am]
BILLING CODE 4310-55-P