[Federal Register: December 18, 2002 (Volume 67, Number 243)]
[Notices]
[Page 77505-77506]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de02-99]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Reopening of Public Comment Period for Incidental Take Permits
for the Alabama Beach Mouse
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of reopening of public comment period.
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SUMMARY: The Fish and Wildlife Service previously announced a public
comment period concerning a notice of intent to prepare an
Environmental Impact Statement. 67 FR 62809 (October 8, 2002). The
previous notice indicated that the comment period ended on November 22,
2002; however, the comment form distributed at the October 29, 2002,
scoping meeting incorrectly indicated that the comment period ended on
November 29, 2002, inadvertently extending the comment period an
additional 7 days. In order to assure that all interested parties are
able to comment on the preparation of an EIS, we are re-opening the
comment period for 15 days.
The environmental impact statement would address the proposed Gulf
Highlands Area Habitat Conservation Plan (HCP) and issuance of two
permits for the incidental take of the Alabama beach mouse. Comments
previously submitted between October 8, 2002, and November 29, 2002,
need not be resubmitted as they will be incorporated into the public
record and will be fully considered in the final determination on the
proposal. These permits are for the construction, occupancy, use,
operation, and maintenance of two residential/recreational condominium
projects--the Gulf Highlands Condominiums by Gulf Highlands LLC and
Beach Club West by Fort Morgan Paradise Joint Venture on the Fort
Morgan Peninsula, in Baldwin County, Alabama.
DATES: Written comments concerning our intent to prepare an EIS and
[[Page 77506]]
concerning the HCP should be received on or before January 2, 2003.
ADDRESSES: Persons wishing to review the application and HCP may obtain
a copy by writing the Service's Southeast Regional Office at Regional
Office, 1875 Century Boulevard, Suite 200, Atlanta, GA 30345 (Attn:
Endangered Species Permits,) or Field Office, U.S. Fish and Wildlife
Service, 1208-B Main Street, Daphne, AL 36526 (Attn: Ms. Barbara
Allen). Documents will be available for public inspection by
appointment during normal business hours at the regional office.
Written data or comments concerning the HCP and our notice of intent to
prepare an EIS should be submitted to the Regional Office. Please
reference permit numbers TE-007985-0 (Gulf Highlands) and TE-031307-0
(Fort Morgan Peninsula Joint Venture) in such comments, or in requests
for documents.
FOR FURTHER INFORMATION CONTACT: Mr. Aaron Valenta, Regional Permit
Coordinator, (see ADDRESSES above), telephone: 404/679-4144; or Ms.
Barbara Allen, Fish and Wildlife Biologist, Daphne Field Office, (see
ADDRESSES above), telephone: 334/441-5181, extension 33.
SUPPLEMENTARY INFORMATION: The proposed residential/recreational
condominium developments will be located on approximately 196 acres in
south Baldwin County, Alabama, between State Highway 180 and the Gulf
of Mexico (Section 28, Township 9 South, Range 2 East) about twelve
miles west of Highway 59 in Gulf Shores, Alabama, on the Fort Morgan
Peninsula.
Some of the Applicants' future activities have the potential to
impact species subject to protection under the Act, including the
Alabama beach mouse (Peromyscus polionotus ammobates). Section
10(a)(1)(B) permits non-Federal landowners to take endangered and
threatened species, provided the take is incidental to otherwise lawful
activities and will not appreciably reduce the likelihood for the
survival and recovery of the species in the wild, among other permit
issuance criteria. An applicant for a permit under section 10 of the
Act must prepare and submit to the Service for approval a plan
containing, among other things, a strategy for minimizing and
mitigating all take associated with the proposed activities to the
maximum extent practicable. The applicant must also ensure that
adequate funding for implementation of the plan will be provided.
The Applicants have initiated and continued discussions with the
Service regarding the possibility of Permits and an associated HCP for
their activities on lands to be covered by the Permits. General
activities proposed for permit coverage include residential, commercial
and industrial development, construction, and maintenance activities.
The Service previously considered the Applicants' HCP in an
Environmental Assessment and issued a finding of no significant impact.
67 FR 17089 (April 9, 2002). That environmental analysis was challenged
in an action for judicial review brought by Sierra Club and Friends of
the Earth. The United States District Court for the Southern District
of Alabama granted a preliminary injunction against any take of the
Alabama beach mouse pursuant to the permits previously issued to
Applicants. Sierra Club and Friends of the Earth v. Norton, 207 F.
Supp. 2d. 1310 (S.D. Ala. 2002).
Subsequently, the Service determined to revisit the earlier NEPA
analysis for this HCP and the issued permits. See Defendant's Motion
for Voluntary Remand, Sierra Club and Friends of the Earth v. Norton,
No. CV-02-0258-CB-C (S.D. Ala. Aug. 8, 2002). The Service has decided,
and announces through this and the previous notice, its intent to
review the proposed HCP and the environmental effects of issuing the
permits through preparation of an EIS.
The environmental review will analyze the Applicants' proposed HCP
as well as a full range of reasonable alternatives and the associated
impacts of each. The Service is currently in the process of developing
alternatives for analysis. The alternatives identified to date are as
follows:
Alternative 1--No action: The service would not re-affirm the ITPs.
Alternative 2--Development according to original Gulf Highlands
Subdivision plat: A portion of the Applicants' properties were
originally platted and zoned for single family residential development
by the Baldwin County Planning Commission. This development alternative
involves development according to the original plat or by additional
platting and subdivision of the lands.
Alternative 3--Development with primary features occupying full
width of the escarpment: Alternative 3 consists of the residential
high-rise building complexes placed atop the escarpment.
Alternative 4--Development entirely north of the escarpment: This
alternative would involve development of residential condominium
buildings and infrastructure approximately 300 feet north of the
escarpment for both projects.
Alternative 5--Development of portions of the escarpment with a
325-ft. habitat corridor between the projects: Alternative 5 consists
of the development of the same number of units, but placed on different
portions of the escarpment and adjacent areas. This development
configuration would result in the preservation of an undeveloped
corridor of ABM habitat approximately 325 feet wide separating the
individual developments and connecting the interior scrub areas with
the designated critical habitat to the south of the developments.
Alternative 6--Development of onsite mitigation including a 909-
foot corridor connecting adjacent primary/secondary dunes and
escarpment to the interior: This alternative increases the width of the
undeveloped corridor described above and repositions the corridor to
the west side of the property. This alternative provides for dedication
of 105.5 acres of Applicant-owned lands into conservation status via
covenants, conditions and restrictions attached to the property, and
conditions of any ITP that might be issued.
Persons wishing to provide relevant information and comments
regarding this activity should submit these to the above address. For
information, please contact the individual identified above in the
section entitled FOR FURTHER INFORMATION CONTACT.
The environmental review of this project will be conducted in
accordance with the requirements of the National Environmental Policy
Act of 1969 as amended (42 U.S.C. 4321 et seq.) and its implementing
regulations (40 CFR parts 1500 through 1508), and with other
appropriate Federal laws and regulations, policies, and procedures of
the Service for compliance with those regulations. It is estimated that
the draft EIS will be available for public review in early 2003.
Dated: December 4, 2002.
Sam D. Hamilton,
Regional Director.
[FR Doc. 02-31777 Filed 12-17-02; 8:45 am]
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