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Availability of a Draft Environmental Assessment and Preliminary Finding of No Significant Impact, and Receipt of an Application for an Incidental Take Permit for Residential Lot Construction and Timber Harvest in North Carolina

 [Federal Register: March 20, 2001 (Volume 66, Number 54)]
[Notices]
[Page 15736-15738]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr01-83]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of a Draft Environmental Assessment and Preliminary
Finding of No Significant Impact, and Receipt of an Application for an
Incidental Take Permit for Residential Lot Construction and Timber
Harvest in North Carolina

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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    Crescent Resources, Inc. (Applicant) has requested an incidental
take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered
Species Act of 1973 (U.S.C. 1531 et seq.), as amended (Act). The
Applicant anticipates incidental take of the American bald eagle
(Haliaeetus leucocephalus) over the next 50 years associated with the
construction of residential housing and during forest management
activities. The level of incidental take requested in the ITP
application is one existing bald eagle nest. This take will be in the
form of harm and harassment associated with planned construction and
forest management activities. The incidental take and measures to
minimize and mitigate this take will occur on approximately 11,700
acres owned by the Applicant that surround Lake James in Burke and
McDowell counties, North Carolina.
    To compensate for the likely effects of these actions, the
Applicant will provide six undeveloped sites, each with a 300-foot
radius primary buffer zone (i.e., approximately 6.5 acres of land
each), along the periphery of Lake James for bald eagle habitat
conservation. Each mitigation site will be protected for the duration
of the proposed permit and will contain at least one large, prominent
pine tree that

[[Page 15737]]

is suitable for bald eagle nest construction. In addition, several
other impact minimization measures will occur including: (1) The
habitat surrounding each potential nest tree on the six mitigation
sites will be enhanced, if necessary; (2) two of the six mitigation
sites will have a basic nesting structure installed to encourage bald
eagle nest development at those sites; and (3) subdivision ordinances
will be implemented that will maintain a 65-foot undeveloped setback
and buffer along the shoreline of Lake James and eliminate cutting of
trees greater than four inches in diameter. In addition, if, during the
duration of the HCP, bald eagles construct a nest at a site other than
one of the six mitigation sites, then the Applicant will protect that
site instead of one of the previously chosen mitigation sites. A more
detailed description of the mitigation and minimization measures to
address the effects of the proposed project on bald eagles is provided
in the Applicant's Habitat Conservation Plan (HCP), the draft
Implementing Agreement (IA), the Service's draft Environmental
Assessment (EA), and in the SUPPLEMENTARY INFORMATION section below.
    This notice advises the public that the Service has opened the
comment period on the permit application, the draft environmental
assessment (EA), and the preliminary Finding of No Significant Impact
(FONSI). The permit application includes the Applicant's habitat
conservation plan and a draft Implementation Agreement. This notice is
provided pursuant to section 10(a) of the Act and National
Environmental Policy Act of 1969 (NEPA) regulations (40 CFR 1506.6) and
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 NEPA. The FONSI is based on information
contained in the draft EA, HCP, and other permit documents. The final
determination on this action will be made no sooner than 30 days from
the date of this notice.
    The Service specifically requests information, views, and opinions
from the public via this Notice on this Federal action, including the
identification of any other aspects of the human environment not
already identified in the Service's draft EA. Further, the Service
specifically solicits information regarding the adequacy of the HCP as
measured against the Service's ITP issuance criteria found in 50 CFR
parts 13 and 17.
    If you wish to comment, you may submit comments by any one of
several methods. Please reference permit number TE034491-0 in such
comments. You may mail comments to the Service's Regional Office (see
ADDRESSES). You may also comment via the internet to
``lee_andrews@fws.gov''. Please submit comments over the internet as an
ASCII file avoiding the use of special characters and any form of
encryption. Please also include your name and return address in your
internet message. If you do not receive a confirmation from the Service
that we have received your internet message, contact us directly at
either telephone number listed below (see FURTHER INFORMATION).
Finally, you may hand deliver comments to either Service office listed
below (see ADDRESSES). Our practice is to make comments, including
names and home addresses of respondents, available for public review
during regular business hours. Individual respondents may request that
we withhold their home address from the administrative record. We will
honor such requests to the extent allowable by law. There may also be
other circumstances in which we would withhold from the administrative
record a respondent's identity, as allowable by law. If you wish us to
withhold your name and address, you must state this prominently at the
beginning of your comments. We will not, however, consider anonymous
comments. We will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety.

DATES: Written comments on the ITP application, draft EA, draft
Implementing Agreement, and HCP should be sent to the Service's
Regional Office (see ADDRESSES) and should be received on or before
April 19, 2001.

ADDRESSES: Persons wishing to review the application, HCP, draft
Implementing Agreement, and draft EA may obtain a copy by writing the
Service's Southeast Regional Office in 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, 160 Zillicoa Street,
Asheville, North Carolina 28801. Written data or comments concerning
the application, or HCP should be submitted to the Regional Office.
Please reference permit number TE034491-0 in requests of the documents
discussed herein.

FOR FURTHER INFORMATION CONTACT: Mr. Lee Andrews, Regional Permit
Coordinator (see ADDRESSES above), telephone: 404/679-7217, facsimile:
404/679-7081; or Mr. Mark Cantrell, Fish and Wildlife Biologist,
Asheville Field Office, North Carolina (see ADDRESSES above),
telephone: 828/258-3939, Ext. 227.

SUPPLEMENTARY INFORMATION: The bald eagle is a large, brown North
American fish eagle that ranges from 27 to 35 inches in length, weighs
from 7 to 14 pounds, and has a wingspan of up to 7 feet. Adults have a
pure white head and tail while juveniles have mottled plumage. The
species can be found throughout much of North America, generally in
association with mature coniferous forests close to large water bodies
such as rivers, lakes, estuaries, or coastlines where it feeds
primarily on fish but may also hunt or scavenge other prey items.
    The bald eagle below the 40th parallel was listed as endangered in
1967 in response to significant population declines due to habitat
destruction, nest disturbance, illegal shooting, and food source
contamination by the pesticide DDT. By the mid 1990s, efforts to reduce
these threats were successful, and bald eagle populations rebounded to
the point that bald eagles were reclassified as threatened in July
1995. The species is currently being considered for delisting under the
Act.
    By 1962, bald eagle populations in North Carolina had dwindled to
only one nesting territory. However, their populations have slowly
increased such that in 1999, 29 bald eagle nesting territories were
documented, most of which were in the eastern portion of North
Carolina, and no active nests were known west of Stanly County prior to
1999. The nest associated with the proposed project on Lake James is
one of two known nests west of Stanly County, and this nest was
initiated in February 1999, although successful fledging has not yet
occurred at the site. No other bald eagle nests are known to occur on
the Applicant's property or on other property around Lake James, but
bald eagles have occasionally been observed on Lake James where other
potential habitat occurs.
    Construction of the Southpointe Subdivision where the bald eagle
nest is located began in November 1997, and gradual development of the
Applicant's 11,700 property is expected to occur over the nest 20
years. Residential lot construction has been restricted to protect the
existing nest tree and the

[[Page 15738]]

other large trees that immediately surround it such that no trees
larger than 4 inches in diameter can be cut or otherwise removed.
Incidental take is expected in the form of harm and harassment from
noise and movement associated with construction and timber management
activities during the nesting season. These impacts may disturb eagles
in the immediate area and/or prevent them from nesting, resulting in
incidental take through modification of habitat in the vicinity of the
existing nest or future nests and/or disturbance of nesting bald
eagles. The strategy that the Applicant will employ to offset the
impacts of the project to the bald eagle include efforts to avoid or
minimize take, combined with management to improve bald eagle nesting
and foraging habitat in selected areas as described in the Applicant's
HCP.
    Under section 9 of the Act and its implementing regulations,
``taking'' of endangered and threatened wildlife is prohibited.
However, the Service, under limited circumstances, may issue permits to
take such wildlife if the taking is incidental to and not the purpose
of otherwise lawful activities. The Applicant has prepared an HCP as
required for the ITP application.
    As stated above, the Service has made a preliminary determination
that the issuance of 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 NEPA. This preliminary information may
be revised due to public comments received in response to this notice
and is based on information contained in the draft EA and HCP. 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
intra-Service 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 and sign
the Implementing Agreement.

    Dated: March 9, 2001.
H. Dale Hall,
Acting Regional Director.
[FR Doc. 01-6811 Filed 3-19-01; 8:45 am]
BILLING CODE 4310-55-P

 
 

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