Availability of an Environmental Assessment and Finding of No Significant Impact, and Receipt of an Application for an Incidental Take Permit for a Proposed Residential Development Called Ocean Reef Club, Plats 18 and 19, Monroe County, Florida

The Key Largo woodrat and Key Largo cotton mouse are subspecies that occur only on Northern Key Largo. They have been extirpated from much of the Key Largo due to clearing of tropical hardwood hammocks for urban development. The Schaus swallowtail butterfly is restricted to extreme Southeast Florida and the upper and middle keys. This butterfly is also dependant on tropical hardwood hammock vegetation and has been adversely affected by urban growth in South Florida and the Florida Keys. The Key Largo woodrat represents the southern most subspecies of the eastern woodrat (Neotoma floridana). It is restricted to the tropical hardwood hammocks of Key Largo. Like the cotton mouse, the woodrat has experienced substantial declines in their range due principally to urban development on Key Largo. Extant woodrats are now found only north of the intersection of U.S. 1 and C.R. 905. More than 41 percent of the historical habitat of this species has been lost to urbanization. Like the cotton mouse, woodrats are vulnerable to habitat loss and fragmentation and the indirect affects of urban encroachment (e.g., competition with black rats and increased predation from domestic animals). Key Largo woodrats, like other members of the genus Neotoma, are known for their construction of large stick nests. Nests are typically built at the base of a tree and are composed of sticks, twigs, and other organic matter. Woodrats are territorial in the vicinity of their nest sites, but probably interact socially under some form of hierarchy with other woodrats. Woodrats appear to attain their greatest densities in mature hardwood hammocks, with lower densities found adjacent to urban settings.

The Key Largo cotton mouse is larger and more reddish in appearance than other subspecies in Florida. It is found only on Key Largo in relict tropical hardwood hammock vegetation. Historically the Key Largo cotton mouse was found throughout Key Largo where tropical hardwood hammocks existed but development and the subsequent loss of tropical hardwood vegetation resulted in a range reduction of this species. It is now found only in North Key Largo, north of the intersection of U.S. 1 and C.R. 905. Little is known about the Key Largo cotton mouse and much is inferred from other cotton mice populations in Florida. In general, this subspecies is considered a nocturnal tropical hardwood hammock dweller that constructs nests in logs, tree hollows and rock crevices. Key Largo cotton mice may breed at any time of the year and produce two to three litters per year. These cotton mice are omnivorous and are believed to rely heavily on the large fruit and berry crop produced by tropical hardwood hammock vegetation. Key Largo cotton mice are threatened by habitat loss and fragmentation as well as the indirect effects of urbanization. As of 1991, 41.2 percent of all tropical hardwood hammock vegetation had been cleared to meet human needs. Residential and commercial development also lead to increases in feral or free-roaming domestic animals and provide habitat for black rats. Domestic animals and black rats compete with or prey upon Key Largo cotton mice. The Schaus swallowtail butterfly is a large dark brown and yellow butterfly that inhabits tropical hardwood hammocks of extreme South Florida. Historically, the Schaus swallowtail butterfly was distributed from South Miami to Lower Matecumbe Key. More recently, Schaus swallowtail butterflies were known only from undisturbed tropical hardwood hammocks from Elliott Key in Biscayne National Park south to Northern Key Largo. Reintroductions have recently occurred from Southern Dade County to Lower Matecumbe Key. This species was federally listed due to habitat destruction, mortality associated with application of pesticides for mosquito control, and over-harvesting by collectors. These factors acting in combination with high natural mortality associated with predation of caterpillars resulted in substantial declines in the number and range of this species. The Schaus swallowtail butterfly prefers dense, mature tropical hardwood hammocks where direct sunlight is filtered or dappled. Adults feed on a number of nectar producing plant species endemic to hardwood hammocks, but have most often been observed feeding on guava (Psidium guajava), cheese shrub (Morinda royoc), and wild coffee (Psychotria undata). Adults rarely feed in open areas exposed to direct sunlight. The eggs of this species are typically laid on wild lime (Zanthoxylem fagara) and torchwood (Amyris elemifera) with caterpillars subsequently eating young, tender shoots of these species. The Applicant's HCP and the Service's EA describes the following minimization and mitigation strategy to be employed by the Applicant to offset the impacts of the Project to the Key Largo woodrat, Key Largo cotton mouse, and Schaus swallowtail butterfly. Many of the mitigation measures identified below were implemented and completed as part of the ITP previously issued to Driscoll Properties, Inc. and Driscoll Foundation, Inc.: • Protect and convey through conservation easement 5.94 acres of tropical hardwood hammock to the Florida Game and Fresh Water Fish Commission (completed). • Construct 10 rock piles within conservation easement to provide nesting habitat for woodrats (completed). • Revegetate scarified portions of conservation easement (completed). • Revegetate five acres of scarified land with tropical hardwood hammock vegetation (complete). • Monitor revegetation success (ongoing). • Sixty to 80 percent of each lot to not be disturbed (ongoing, pursuant to Monroe County ordinance). • Hand clearing of vegetation from the footprint of construction activities and allowing a minimum of 14 days before mechanical removal of felled vegetation. This measure minimizes the potential for directly killing Key Largo woodrats or Key Largo cotton mice (ongoing). • Deed restrictions to prohibit free ranging domestic animals (completed) The EA considers the environmental consequences of two alternatives. A third alternative, acquisition of lots, was considered but not fully evaluated in the EA because ranking of lands suitable for acquisition under the State of Florida Conservation and Recreation Lands (CARL) acquisition program did not identify these lots (either singularly or in combination) as a priority properties. Their small size, proximity to adjacent residential areas, high cost, and low biological value likely preempted consideration for acquisition. The no action alternative may result in the loss of habitat and exposure of the Applicants under Section 9 of the Act if lots were cleared. If the ITP were not issued and the Applicants did not remove vegetation from any of the lots, habitat for the three federally listed species would remain intact and probably provide suitable habitat in the future. The proposed action alternative is issuance of the ITP according to the HCP as submitted and described above. Under the proposed alternative, about 19.6 acres of suitable habitat will be destroyed during residential development. The effect of the minimization and mitigation strategy will be that about 11 acres of habitat will be protected or enhanced and another 11 to 15 acres will be preserved onsite through vegetation set asides. 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 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 affected 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. • Other than impacts to endangered and threatened species as outlined in the documentation of this decision, the indirect impacts which may result from issuance of the ITP are addressed by other regulations and statutes under the jurisdiction of other government entities. The validity of the Service's ITP is contingent upon the Applicant's compliance with the terms of the permit and all other laws and regulations under the control of State, local, and other Federal governmental entities. 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.

Dated: November 10, 1998. H. Dale Hall, Deputy Regional Director. [FR Doc. 98-30787 Filed 11-17-98; 8:45 am] BILLING CODE 4310-55-P