61522 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of an Environmental

Assessment and Finding of No

Significant Impact, and Receipt of an

Application for an Incidental Take

Permit for a Residential Development

Proposal Called Phoenix VIII, in the

City of Orange Beach, Baldwin County,

AL

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice.

Brett Real Estate, Robinson

Development Company, Inc.

(Applicant), seeks 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 (16 U.S.C. 1531 et seq.), as

amended (Act). The ITP would

authorize for a period of 30 years the

incidental take of an endangered

species, the Alabama beach mouse,

Peromyscus polionotus ammobates

(ABM). The Applicant made the

decision to assume ABM are present

based on surveys on adjacent property.

The project would be called Phoenix

VIII and consists of a single fourteenstory condominium tower with 81

residential units, parking areas, and a

swimming pool on 5.06 acres.

Associated landscaped grounds and a

dune walkover structure would also be

constructed. A more detailed

description of the mitigation and

minimization measures to address the

effects of the Project to the protected

species are outlined in the Applicant’s

Habitat Conservation Plan (HCP) and in

the SUPPLEMENTARY INFORMATION section

below.

The Service also announces the

availability of an environmental

assessment (EA) and HCP for the

incidental take application. Copies of

the EA and/or HCP may be obtained by

making a request to the Regional Office

(see ADDRESSES). Requests must be in

writing to be processed. This notice also

advises the public that the Service has

made a preliminary determination that

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, as amended (NEPA). The Finding

of No Significant Impact (FONSI) 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 of

the Act and NEPA regulations (40 CFR

1506.6). The Service specifically

requests comment on the

appropriateness of the ‘‘No Surprises’’

assurances should the Service

determine that an ITP will be granted

and based upon the submitted HCP.

Although not explicitly stated in the

HCP, the Service has, since August

1994, announced its intention to honor

a ‘‘No Surprises’’ Policy for applicants

seeking ITPs. Copies of the Service’s

‘‘No Surprises’’ Policy may be obtained

by making a written request to the

Regional Office (see ADDRESSES). The

Service is soliciting public comments

and review of the applicability of the

‘‘No Surprises’’ Policy to this

application and HCP.

DATES: Written comments on the ITP

application, EA, and HCP should be

sent to the Service’s Regional Office (see

ADDRESSES) and should be received on

or before December 18, 1997.

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 Field Supervisor,

U.S. Fish and Wildlife Service, Post

Office Drawer 1190, Daphne, Alabama

36526. Written data or comments

concerning the application, EA, or HCP

should be submitted to the Regional

Office. Requests for the documentation

must be in writing to be processed.

Comments must be submitted in writing

to be processed. Please reference permit

number PRT–834795 in such comments,

or in requests of the documents

discussed herein.

FOR FURTHER INFORMATION CONTACT: Mr.

Rick G. Gooch, Regional Permit

Coordinator, (see ADDRESSES above),

telephone: 404/679–7110; or Ms. Celeste

South, Fish and Wildlife Biologist,

Daphne, Alabama, Field Office (see

ADDRESSES above), telephone: 334/441–

5181.

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. 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 did

not reveal habitat occupied by ABM;

however, the Applicant is seeking

compliance with the Act in an

abundance of caution. The Applicant’s

property does not contain designated

critical habitat for the ABM.

Construction of the Project may result in

the death of, or injury to, ABM. Habitat

alterations due to condominium

placement and subsequent human

habitation of the Project may reduce

available habitat for food, shelter, and

reproduction.

The EA considers the environmental

consequences of several alternatives.

One action proposed is the issuance of

the ITP based upon submittal of the

HCP as proposed. This alternative

provides for restrictions that include

conserving almost 86 percent of the

Project’s best ABM habitat conserved

(essentially primary and secondary

dunes), establishment of one walkover

structure across primary and secondary

dune features, a prohibition against

housing or keeping pet cats, ABM

competitor control and monitoring

measures, scavenger-proof garbage

containers, restoration of dune systems,

the creation of educational and

information brochures on ABM

conservation, and the minimization and

control of outdoor lighting. Further, the

HCP proposes to provide an endowment

of $20,865 to acquire ABM habitat

offsite or otherwise perform some other

conservation measure for the ABM. The

HCP provides a funding source for these

mitigation measures, as well as

monitoring of the HCP, should an ITP be

issued by the Service. Another

alternative is consideration of a different

project design that might result in more

impacts to the ABM and its habitat. A

third alternative is no-action, or deny

the request for authorization to

incidentally take the ABM.

As stated above, the Service has made

a preliminary determination that the

issuance of the ITP is not a major
Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61523

Federal action significantly effecting 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 and HCP. 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:

• Issuance of the ITP will not

appreciably reduce the likelihood of

survival and recovery of the effected

species in the wild.

• The HCP contains provisions which

sufficiently minimize and/or mitigate

the impacts of issuing the ITP.

• Issuance of the ITP would not have

significant effects on the human

environment in the project area.

• The proposed take is incidental to

an otherwise lawful activity.

• Adequate funding will be provided

to implement the measures proposed in

the submitted HCP and authorizing ITP.

The Service will also evaluate

whether the issuance of a Section

10(a)(1)(B) ITP complies with Section 7

of the Act by conducting an intraService Section 7 consultation. The

results of the biological opinion, in

combination with the above findings,

will be used in the final analysis to

determine whether or not to issue the

ITP.

Dated: November 4, 1997.

H. Dale Hall,

Deputy Regional Director.

[FR Doc. 97–30198 Filed 11–17–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of an Environmental

Assessment and Receipt of an

Application for an Incidental Take

Permit for the Wildwash Sand and

Gravel Mine, San Bernardino County,

CA

AGENCY: Fish and Wildlife Service.

ACTION: Notice of availability.

SUMMARY: E. L. Yeager Construction

Company, Incorporated, of Riverside,

California, has applied to the Fish and

Wildlife Service for a 20-year incidental

take permit pursuant to section

10(a)(1)(B) of the Endangered Species

Act of 1973, as amended (ESA). The

Service proposes to issue an incidental

take permit for the federally-listed

threatened desert tortoise (Gopherus

agassizii) at the proposed mine site,

located in San Bernardino County,

California. The permit also would

include the state-listed threatened

Mojave ground squirrel (Spermophilus

mohavensis) and the unlisted

loggerhead shrike (Lanius ludovicianus),

should these species be listed during the

life of the permit. This notice announces

the availability of the permit application

and the environmental assessment. The

permit application includes the habitat

conservation plan for the Wildwash

Sand and Gravel Mine and an

implementing agreement. The Service

requests comments on these documents,

including the appropriateness of the

‘‘No Surprises’’ assurances contained in

section 12.3.a of the implementing

agreement. All comments received,

including names and addresses, will

become part of the administrative record

and may be made available to the

public.

DATES: Written comments should be

received on or before December 18,

1997.

ADDRESSES: Comments should be

addressed to Ms. Diane Noda, Field

Supervisor, Ventura Fish and Wildlife

Service, 2493 Portola Road, Suite B,

Ventura, California 93003. Written

comments may also be sent by facsimile

to (805) 644–3958.

FOR FURTHER INFORMATION, CONTACT: Mr.

Ray Bransfield, Fish and Wildlife

Biologist, at the above address or call

(805) 644–1766.

SUPPLEMENTARY INFORMATION:

Availability of Documents

Individuals wishing copies of the

documents should immediately contact

the Service’s Ventura Fish and Wildlife

Office at the above referenced address or

telephone. Documents also will be

available for public inspection, by

appointment, during normal business

hours at the above address.

Background

The permit applicant proposes phased

mining of up to 100 acres of desert

habitat adjacent to Interstate 15.

Portions of the site are occupied by the

desert tortoise. One loggerhead shrike

was observed on site during biological

surveys. The site is considered

potentially suitable habitat for the

Mojave ground squirrel, although

surveys were not conducted for this

species. During the initial mining phase,

lasting 5 years, the applicant would

mine sand and gravel on up to 35 acres

of land. During the subsequent phase(s),

lasting 15 years, the applicant would

mine up to an additional 65 acres.

The applicant needs an incidental

take permit from the Service because

endangered and threatened wildlife

species are protected against ‘‘take’’

pursuant to section 9 of the ESA. The

term ‘‘take’’ means to harass, harm,

pursue, hunt, shoot, wound, kill, trap,

capture, or collect listed animal species,

or attempt to engage in such conduct (16

U.S.C. 1538). The Service, however,

may issue permits to take listed animal

species if such taking is incidental to,

and not the purpose of, otherwise lawful

activities. Regulations governing

permits for threatened and endangered

species are at 50 CFR 17.22 and 17.32.

As part of the permit application, the

applicant prepared a habitat

conservation plan that addresses the

desert tortoise, Mojave ground squirrel,

and loggerhead shrike. Pursuant to

section 10(a)(1)(B) of the Federal ESA,

the Service proposes to issue a permit

to the applicant for incidental take of

the threatened desert tortoise, and for

the Mojave ground squirrel and

loggerhead shrike should Federal take

authorization for these latter two species

be necessary during the life of the

permit. The ground squirrel and shrike

would be named on the permit;

however, incidental take authorization

for these species would become

effective only if they become listed

under the Federal ESA.

The proposed sand and gravel mine

would result in the loss of habitat for

the desert tortoise, Mojave ground

squirrel, and loggerhead shrike as the

ground is disturbed and the vegetation

communities are removed during

mining activities. This mining could

directly and indirectly affect these

species.

The proposed action would authorize

the incidental take of all desert tortoises

on the 100 acre site in the form of

harassment from being moved out of

harm’s way. Additionally, two desert

tortoises may be taken in the form of

direct mortality associated with mining

activities and vehicle travel on the mine

access road. If Mojave ground squirrels

are present on site, they would likely be

killed during the initial grading of the

mining areas. Loggerhead shrikes are

unlikely to be killed or injured by the

proposed action.

The applicant’s habitat conservation

plan contains measures to minimize

and/or mitigate the effects of the mining

on the three species. Before mining

begins, an amount of desert tortoise

habitat equal to that being destroyed

would be purchased and placed under

management for recovery of the desert

tortoise. A fence to prevent desert

tortoises from entering the mine would

be constructed under the supervision of