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Draft Environmental Impact Statement on the Proposed Reaffirmation of Incidental Take Permits (ITPs) That Were Previously Issued To Allow Incidental Take of the Endangered Alabama Beach Mouse and Announcement of a Public Meeting
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 28, 2006 (Volume 71, Number 82)]
[Notices]
[Page 25221-25223]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap06-92]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Draft Environmental Impact Statement on the Proposed
Reaffirmation of Incidental Take Permits (ITPs) That Were Previously
Issued To Allow Incidental Take of the Endangered Alabama Beach Mouse
and Announcement of a Public Meeting
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; announcement of a public meeting.
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SUMMARY: The Fish and Wildlife Service (Service) announces the
availability of a Draft Environmental Impact Statement (DEIS), which
analyzes the environmental impacts associated with incidental take
permits that were previously issued under the Endangered Species Act of
1973 (Act), as amended (16 U.S.C. 1531 et seq.), for take of the
Alabama beach mouse (Peromyscus polionotus ammobates). The DEIS also
analyzes a full range of reasonable alternatives, including a No-Action
alternative. The incidental take permits, previously issued to Gulf
Highlands LLC and Beach Club West, involve the construction, occupancy,
use, operation, and maintenance of two residential/recreational
condominium development projects on the Fort Morgan Peninsula in
Baldwin County, Alabama. We will
[[Page 25222]]
hold a public meeting to inform the public and interested stakeholders
about the DEIS and solicit their input on the document.
DATES: Written comments concerning the DEIS should be sent to the
Service's Regional Office (see ADDRESSES) and should be received on or
before July 27, 2006 We will hold a public meeting on June 26, 2006, at
6:30 p.m.
ADDRESSES: Persons wishing to review the DEIS may obtain a copy by
writing either to the Service's Southeast Regional Office at Regional
Office, 1875 Century Boulevard, Suite 200, Atlanta, GA 30345 (Attn:
Endangered Species Permits), or to the Alabama Field Office at U.S.
Fish and Wildlife Service, 1208-B Main Street, Daphne, Alabama 36526
(Attn: Acting Supervisor). Documents will be available for public
inspection by appointment during normal business hours at the Southeast
Regional Office. Written data or comments concerning the DEIS 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 your comments, or in requests for documents.
Our June 26, 2006, public meeting will take place at 6:30 p.m., at
the Adult Activity Center located at 260 Clubhouse Drive, Gulf Shores,
Alabama. A court reporter will be present to record all comments, and
all interested parties will be allowed to comment.
FOR FURTHER INFORMATION CONTACT: Mr. Aaron Valenta, Regional HCP
Coordinator, (see ADDRESSES above), telephone: 404/679-4144; or Acting
Supervisor, Alabama Field Office (see ADDRESSES above), telephone: 251/
441-5870.
SUPPLEMENTARY INFORMATION: The Service specifically requests
information, views, and opinions from the public via this notice on the
DEIS and the actions proposed by the permittees. Comments are requested
on the two preferred alternatives and reasons for selecting one over
the other. Submitted comments must be in writing to be considered in
the Service's decisionmaking process.
If you wish to comment, you may submit comments by any one of
several methods. Please reference permit application numbers TE-007985-
0 (Gulf Highlands) and TE-031307-0 (Fort Morgan Peninsula Joint
Venture) in such comments. You may mail comments to the Services'
Southeast Regional Office (see ADDRESSES). You may also comment via the
Internet to aaron_valenta@fws.gov. Please also include your name and
return address in your e-mail message. If you do not receive a
confirmation that we have received your e-mail message, contact us
directly at either telephone number listed above (see FOR FURTHER
INFORMATION CONTACT). Finally, you may hand-deliver comments to either
service office listed above (see ADDRESSES). Our practice is to make
comments, including names and home addresses of respondents, available
for public review during regular business hours at both the regional
and field offices. Individual respondents may request that we withhold
their home addresses 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.
In April 2002, the Service issued incidental take permits to the
permittees (referred to as permittees since the permits were previously
issued but are currently held in abeyance) following preparation of an
Environmental Assessment, announced on April 9, 2002 (67 FR 17089), and
a finding of no significant impact. The Sierra Club and Friends of the
Earth, Inc., filed an action in the United States District Court for
the Southern District of Alabama challenging the Environmental
Assessment and finding of no significant impact. See Sierra Club and
Friends of the Earth v. Norton, 207 F. Supp 2d. 1310 (S.D. Ala. 2002).
The Judge granted a preliminary injunction against take of the Alabama
beach mouse pursuant to the incidental take permits that were issued to
the permittees. Subsequently, the Service requested and the Court
granted a voluntary remand for the preparation of an environmental
impact statement. On October 8, 2002, the Service published a Federal
Register notice (67 FR 62809) announcing its intent to prepare an
environmental impact statement and hold a scoping meeting. The scoping
meeting was held at Gulf State Park on October 29, 2002.
General activities proposed for permit coverage include
construction and maintenance activities associated with residential and
commercial development. The proposed residential/recreational
condominium developments would be located on approximately 186.7 acres
in south Baldwin County, Alabama, between State Highway 180 and the
Gulf of Mexico (Section 28, Township 9 South, Range 2 East) about 12
miles west of Highway 59 in Gulf Shores, Alabama, on the Fort Morgan
Peninsula. As proposed by the Permittees, 143.5 acres for alternative 4
or 146.2 acres for alternative 5 of the property would be conserved as
a condition of the incidental take permits. This includes approximately
30 acres of Alabama beach mouse critical habitat on the property which
would likewise not be developed except for installation of dune
walkovers extending from the south edge of the developed footprint of
the residential building to the north edge of the wet beach.
The Permittee's future activities have the potential to impact
Alabama beach mice subject to protection under the Act. The Alabama
beach mouse was listed as an endangered species in 1985 (50 FR 23872)
due to decreased populations and a loss of habitat. The Alabama beach
mouse is one of eight subspecies of the old-field mouse that occupy
coastal rather than inland habitat and are referred to as beach mice.
The Alabama beach mouse is pale gray with a distinct stripe running
down the back and tail.
In 2005, the Service determined that the current range of the
Alabama beach mouse extends approximately 22 km (14 miles) on the Fort
Morgan Peninsula. The Service identified a total of 2,544 acres of
Alabama beach mouse habitat, including 110 acres at Gulf State Park.
Track monitoring after hurricanes in 2004 and 2005 indicate that the
Alabama beach mouse may continue to use areas that were temporarily
inundated. The Alabama beach mouse may have been extirpated from Gulf
State Park by Hurricane Ivan in 2004.
Section 10(a)(1)(B) of the Act allows for permitting 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 habitat conservation plan (HCP) 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.
[[Page 25223]]
The DEIS analyzes the Permittees' proposed HCP, as well as a full
range of reasonable alternatives and the associated impacts of each.
The Service has developed five alternatives for analysis, including two
preferred alternatives (alternatives 4 and 5).
Alternative 1--No Action. The No-Action alternative considers the
likely outcome if the Service does not reaffirm the issued incidental
take permits. Under this alternative, the two projects would not be
constructed as currently proposed.
Alternative 2--Development According to the Original Gulf Highlands
Subdivision Plat. Portions of the Permittees' properties were
originally platted and zoned for single family residential development
by the Baldwin County Planning Commission. This alternative would
involve development according to the original subdivision of the lands,
which included approximately 1,076 single family lots. In order to
construct the 1,076 residences, it is likely that the permittees would
need to apply for and receive incidental take permits for those lots
platted in Alabama beach mouse habitat.
Alternative 3--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 3 also includes additional
minimization measures such as elimination of surface parking and one
access roadway.
Alternative 4--Development Including a 909-foot Corridor Connecting
Adjacent Primary/Secondary Dunes and Escarpment to the Interior. This
Alternative preserves a 909-foot undeveloped corridor on the west side
of the proposed projects. This alternative provides for dedication of
100.8 acres of Permittee-owned lands into conservation status via
covenants, conditions, and restrictions attached to the property, and
conditions of any incidental take permit that might be issued.
Alternative 5--Development Including 909-foot Corridor Connecting
Adjacent Primary/Secondary Dunes and Escarpment to the Interior and Use
of Parking Decks. This Alternative preserves a 909-foot undeveloped
corridor on the west side of the proposed projects. This alternative
provides for dedication of more 100.8 acres of Permittee-owned lands
into conservation status via covenants, conditions, and restrictions
attached to the property, and conditions of any incidental take permit
that might be issued. This alternative incorporates additional
minimization by utilizing additional parking decking. However, the
current zoning found on the site would not permit this alternative.
While the permittees are seeking a zoning variance, this alternative
may not be practicable.
Additional alternatives are briefly discussed. These alternatives
either resulted in greater impacts to resources (e.g., the placement of
structures closer to the beach, resulting in increased impacts to sea
turtles) or are not considered to be economically practicable.
Persons wishing to provide relevant information and comments
regarding the DEIS should submit these to the above address. For
information, please contact the individual identified above in the FOR
FURTHER INFORMATION CONTACT section.
The environmental review of this project is being 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.
The purpose of the public meeting on June 26, 2006, at the Adult
Activity Center, Gulf Shores, Alabama, is to seek public input on the
DEIS, to identify concerns that may be considered in the preparation of
the final EIS, and to ensure that the DEIS is thorough and balanced. We
encourage comments from the public concerning the identification of
public and agency concerns, the enumeration of environmental issues and
alternatives examined in the DEIS, the elimination of non-significant
issues from extensive review, and the identification of relevant issues.
Dated: April 18, 2006.
Cynthia K. Dohner,
Acting Regional Director.
[FR Doc. E6-6140 Filed 4-27-06; 8:45 am]
BILLING CODE 4310-55-P