```
[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Notices]
[Pages 15303-15304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7111]

-----------------------------------------------------------------------

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 Project Called 
Waterside Down, Phase I, a Mixed-Use Project, in Brevard County, 
Florida

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Waterside Down Development Corporation (Applicant), 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 of 1973 
(Act), as amended. The permit would authorize the take of four families 
of the threatened Florida scrub jay, Aphelocoma coerulescens 
coerulescens in Brevard County, Florida, for a period of 5 years. The 
proposed taking is incidental to construction of 211 single family 
homes, plus as yet unspecified number of condominium units and 
commercial buildings, including the necessary infrastructure, on 
approximately 76.5 acres (Project). The entire site is considered 
occupied by Florida scrub jays and will be permanently altered. The 
Project is called Waterside Down, and it is located on the barrier 
island of Brevard County, adjacent to a Wal Mart/Albertson strip mall 
and Britanny Apartments to the north, S.R. A1A to the east, Holy Name 
of Jesus Church and a residential development to the south, and vacant 
land scheduled to be Waterside Down Phase II on the west.
    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. 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 24, 1995.

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-800150 in such 
comments.
    Regional Permit Coordinator, U.S. Fish and Wildlife Service, 1875 
Century Boulevard, Suite 200, Atlanta, Georgia 30345, (telephone 404/
679-7110, fax 404/679-7280).
    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 Florida 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 Florida scrub jay population 
has been reduced by at least half in the last 100 years. Surveys have 
indicated that two families of Florida scrub jays inhabit the Project 
site. Construction of the Project's infrastructure and subsequent 
construction of the individual homesites will likely result in death 
of, or injury to, Aphelocoma coerulescens coerulescens incidental to 
the carrying out of these otherwise lawful activities. Habitat 
alteration associated with property development will 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 loss 
[[Page 15304]] of habitat for Aphelocoma coerulescens coerulescens and 
exposure of the Applicant under Section 9 of the Act. A second 
alternative is the proposed Project that is designed with a different 
mitigation strategy focusing on management of existing lands 
surrounding the project area. The third alternative, the proposed 
action alternative, is issuance of the incidental take permit. This 
provides for restrictions of construction activity, purchase of offsite 
habitat for the Florida scrub jay, the establishment of an endowment 
fund for the offsite acquired habitat, and donation of additional 
offsite habitat. The HCP provides a funding mechanism for these 
mitigation measures.

    Dated: March 16, 1995.
Judy L. Jones,
Acting Regional Director.
[FR Doc. 95-7111 Filed 3-22-95; 8:45 am]
BILLING CODE 4310-55-P
```