Federal Register / Vol. 63, No. 222 / Wednesday, November 18, 1998 / Notices 64097

DEPARTMENT OF THE INTERIOR Township 59 South, Range 40 East, and concerning the application, EA, or HCP section 19, Township 59 South, Range should be submitted to the Regional Fish and Wildlife Service 41 East, Monroe County, Florida Office. Requests for the documentation (Project). Clearing of the 49 residential must be in writing to be processed. Availability of an Environmental lots will destroy suitable habitat for the Comments must be submitted in writing Assessment and Finding of No three species identified above. A more to be adequately considered in the Significant Impact, and Receipt of an detailed description of the mitigation Service’s decision-making process. Application for an Incidental Take and minimization measures to address Please reference permit number Permit for a Proposed Residential the effects of the Project to the protected TE004859–0 in such comments, or in Development Called Ocean Reef Club, species are outlined in the Applicant’s requests of the documents discussed Plats 18 and 19, Monroe County, Habitat Conservation Plan (HCP), the herein. Florida Service’s Environmental Assessment FOR FURTHER INFORMATION CONTACT: Mr. AGENCY: Fish and Wildlife Service, (EA), and in the SUPPLEMENTARY Rick G. Gooch, Regional HCP INFORMATION Interior. section below. Coordinator, (see ADDRESSES above), The Service also announces the ACTION: Notice. telephone: 404/679–7110, facsimile: availability of an EA and HCP for the 404/679–7081; or Mr. Mike Jennings, Driscoll Properties, Inc. and Driscoll incidental take application. Copies of Fish and Wildlife Biologist, South Foundation, Inc. previously obtained an the EA and/or HCP may be obtained by Florida Ecosystem Office, Vero Beach, making a request to the Regional Office incidental take permit (ITP) pursuant to Florida (see ADDRESSES above), section 10(a)(1)(B) of the Endangered (see ADDRESSES). Requests must be in telephone: 561/562–3909. Species Act of 1973 (U.S.C. 1531 et writing to be processed. This notice also seq.), as amended (Act). The previous advises the public that the Service has SUPPLEMENTARY INFORMATION: The Key ITP authorized the take of the made a preliminary determination that Largo woodrat and Key Largo cotton endangered Key Largo woodrat issuing the ITP is not a major Federal mouse are subspecies that occur only on (Neotoma floridana smalli), Key Largo action significantly affecting the quality Northern Key Largo. They have been cotton mouse (Peromyscus gossypinus of the human environment within the extirpated from much of the Key Largo allapaticola), and Schaus swallowtail meaning of Section 102(2)(C) of the due to clearing of tropical hardwood butterfly (Heraclides aristodemus National Environmental Policy Act of hammocks for urban development. The ponceanus) in association with 1969, as amended (NEPA). The Finding Schaus swallowtail butterfly is residential construction on 89 lots in of No Significant Impact (FONSI) is restricted to extreme Southeast Florida Plats 18 and 19 of Ocean Reef Club, based on information contained in the and the upper and middle keys. This north Key Largo, Monroe County, EA and HCP. The final determination butterfly is also dependant on tropical Florida. However, the original ITP will be made no sooner than 30 days hardwood hammock vegetation and has expired on May 31, 1995, and 70 of the from the date of this notice. This notice been adversely affected by urban growth 89 lots covered under that ITP were not is provided pursuant to Section 10 of in South Florida and the Florida Keys. altered. Accordingly, a new ITP is the Act and NEPA regulations (40 CFR The Key Largo woodrat represents the required to ensure compliance with the 1506.6). southern most subspecies of the eastern prohibitions of section 9 of the Act The Service specifically requests woodrat (Neotoma floridana). It is while residential construction occurs on information, views, opinions from the restricted to the tropical hardwood the remaining undeveloped lots that public via this Notice on the Federal hammocks of Key Largo. Like the cotton still contain suitable habitat for the action, including the identification of mouse, the woodrat has experienced species listed above. Review of the any other aspects of the human substantial declines in their range due undeveloped lots by the Fish and environment not already identified in principally to urban development on Wildlife Service (Service) indicated that the Service’s EA. Further, the Service is Key Largo. Extant woodrats are now 49 of the 70 lots still contain suitable specifically soliciting information found only north of the intersection of habitat for the Key Largo woodrat, Key regarding the adequacy of the HCP as U.S. 1 and C.R. 905. More than 41 Largo cotton mouse, and Schaus measured against the Service’s ITP percent of the historical habitat of this swallowtail butterfly. issuance criteria found in 50 CFR Parts species has been lost to urbanization. Forty-one of the 49 lots for which take 13 and 17. Like the cotton mouse, woodrats are of federally listed species will occur DATES: Written comments on the ITP vulnerable to habitat loss and during construction related activities application, EA, and HCP should be fragmentation and the indirect affects of have been sold by Driscoll Properties, sent to the Service’s Regional Office (see urban encroachment (e.g., competition Inc. and Driscoll Foundation, Inc. to ADDRESSES) and should be received on with black rats and increased predation third parties. The Ocean Reef or before December 18, 1998. from domestic animals). Community Association represents all ADDRESSES: Persons wishing to review Key Largo woodrats, like other third party lot owners. the application, HCP, and EA may members of the genus Neotoma, are Driscoll Properties, Inc., Driscoll obtain a copy by writing the Service’s known for their construction of large Foundation, Inc., and Ocean Reef Southeast Regional Office, Atlanta, stick nests. Nests are typically built at Community Association (Applicants), Georgia. Documents will also be the base of a tree and are composed of seek an ITP from the Service. The ITP available for public inspection by sticks, twigs, and other organic matter. would authorize for a period of 10 years appointment during normal business Woodrats are territorial in the vicinity of the incidental take of the endangered hours at the Regional Office, 1875 their nest sites, but probably interact Key Largo woodrat, Key Largo cotton Century Boulevard, Suite 200, Atlanta, socially under some form of hierarchy mouse and Schaus swallowtail butterfly. Georgia 30345 (Attn: Endangered with other woodrats. Woodrats appear The proposed residential development Species Permits), or Field Supervisor, to attain their greatest densities in is called Ocean Reef Club, Plats 18 and Fish and Wildlife Service, Post Office mature hardwood hammocks, with 19 and will consist of 49 homes located Box 2676, Vero Beach, Florida 32961– lower densities found adjacent to urban on about 20 acres in section 24, 2676. Written data or comments settings. 64098 Federal Register / Vol. 63, No. 222 / Wednesday, November 18, 1998 / Notices

The Key Largo cotton mouse is larger number of nectar producing plant The no action alternative may result and more reddish in appearance than species endemic to hardwood in the loss of habitat and exposure of the other subspecies in Florida. It is found hammocks, but have most often been Applicants under Section 9 of the Act only on Key Largo in relict tropical observed feeding on guava (Psidium if lots were cleared. If the ITP were not hardwood hammock vegetation. guajava), cheese shrub (Morinda royoc), issued and the Applicants did not Historically the Key Largo cotton mouse and wild coffee (Psychotria undata). remove vegetation from any of the lots, was found throughout Key Largo where Adults rarely feed in open areas habitat for the three federally listed tropical hardwood hammocks existed exposed to direct sunlight. The eggs of species would remain intact and but development and the subsequent this species are typically laid on wild probably provide suitable habitat in the loss of tropical hardwood vegetation lime (Zanthoxylem fagara) and future. The proposed action alternative resulted in a range reduction of this torchwood (Amyris elemifera) with is issuance of the ITP according to the species. It is now found only in North caterpillars subsequently eating young, HCP as submitted and described above. Key Largo, north of the intersection of tender shoots of these species. Under the proposed alternative, about U.S. 1 and C.R. 905. The Applicant’s HCP and the 19.6 acres of suitable habitat will be Little is known about the Key Largo Service’s EA describes the following destroyed during residential cotton mouse and much is inferred from minimization and mitigation strategy to development. The effect of the other cotton mice populations in be employed by the Applicant to offset minimization and mitigation strategy Florida. In general, this subspecies is the impacts of the Project to the Key will be that about 11 acres of habitat considered a nocturnal tropical Largo woodrat, Key Largo cotton mouse, will be protected or enhanced and hardwood hammock dweller that and Schaus swallowtail butterfly. Many another 11 to 15 acres will be preserved constructs nests in logs, tree hollows of the mitigation measures identified onsite through vegetation set asides. and rock crevices. Key Largo cotton below were implemented and As stated above, the Service has made mice may breed at any time of the year completed as part of the ITP previously a preliminary determination that the and produce two to three litters per issued to Driscoll Properties, Inc. and issuance of the ITP is not a major year. These cotton mice are omnivorous Driscoll Foundation, Inc.: Federal action significantly affecting the and are believed to rely heavily on the • Protect and convey through quality of the human environment large fruit and berry crop produced by conservation easement 5.94 acres of within the meaning of Section 102(2)(C) tropical hardwood hammock vegetation. tropical hardwood hammock to the of NEPA. This preliminary information Key Largo cotton mice are threatened Florida Game and Fresh Water Fish may be revised due to public comment by habitat loss and fragmentation as Commission (completed). received in response to this notice and well as the indirect effects of • Construct 10 rock piles within is based on information contained in the urbanization. As of 1991, 41.2 percent of conservation easement to provide EA and HCP. An appropriate excerpt all tropical hardwood hammock nesting habitat for woodrats from the FONSI reflecting the Service’s vegetation had been cleared to meet (completed). finding on the application is provided human needs. Residential and • Revegetate scarified portions of below: commercial development also lead to conservation easement (completed). Based on the analysis conducted by increases in feral or free-roaming • Revegetate five acres of scarified the Service, it has been determined that: domestic animals and provide habitat land with tropical hardwood hammock • Issuance of the ITP will not for black rats. Domestic animals and vegetation (complete). appreciably reduce the likelihood of black rats compete with or prey upon • Monitor revegetation success survival and recovery of the affected Key Largo cotton mice. (ongoing). species in the wild. The Schaus swallowtail butterfly is a • Sixty to 80 percent of each lot to not • The HCP contains provisions which large dark brown and yellow butterfly be disturbed (ongoing, pursuant to sufficiently minimize and/or mitigate that inhabits tropical hardwood Monroe County ordinance). the impacts of issuing the ITP. hammocks of extreme South Florida. • Hand clearing of vegetation from • Issuance of the ITP would not have Historically, the Schaus swallowtail the footprint of construction activities significant effects on the human butterfly was distributed from South and allowing a minimum of 14 days environment in the project area. Miami to Lower Matecumbe Key. More before mechanical removal of felled • The proposed take is incidental to recently, Schaus swallowtail butterflies vegetation. This measure minimizes the an otherwise lawful activity. were known only from undisturbed potential for directly killing Key Largo • Adequate funding will be provided tropical hardwood hammocks from woodrats or Key Largo cotton mice to implement the measures proposed in Elliott Key in Biscayne National Park (ongoing). the submitted HCP and authorizing ITP. south to Northern Key Largo. • Deed restrictions to prohibit free • Other than impacts to endangered Reintroductions have recently occurred ranging domestic animals (completed) and threatened species as outlined in from Southern Dade County to Lower The EA considers the environmental the documentation of this decision, the Matecumbe Key. This species was consequences of two alternatives. A indirect impacts which may result from federally listed due to habitat third alternative, acquisition of lots, was issuance of the ITP are addressed by destruction, mortality associated with considered but not fully evaluated in other regulations and statutes under the application of pesticides for mosquito the EA because ranking of lands suitable jurisdiction of other government control, and over-harvesting by for acquisition under the State of entities. The validity of the Service’s collectors. These factors acting in Florida Conservation and Recreation ITP is contingent upon the Applicant’s combination with high natural mortality Lands (CARL) acquisition program did compliance with the terms of the permit associated with predation of caterpillars not identify these lots (either singularly and all other laws and regulations under resulted in substantial declines in the or in combination) as a priority the control of State, local, and other number and range of this species. properties. Their small size, proximity Federal governmental entities. The Schaus swallowtail butterfly to adjacent residential areas, high cost, The Service will also evaluate prefers dense, mature tropical hardwood and low biological value likely whether the issuance of a Section hammocks where direct sunlight is preempted consideration for 10(a)(1)(B) ITP complies with Section 7 filtered or dappled. Adults feed on a acquisition. of the Act by conducting an intra- Federal Register / Vol. 63, No. 222 / Wednesday, November 18, 1998 / Notices 64099

Service Section 7 consultation. The Sec. 14: S1⁄2SW1⁄4NE1⁄4SE1⁄4, Office, Dan Benoit, Team Leader, 111 results of the biological opinion, in S1⁄2NE1⁄4SE1⁄4SE1⁄4, Garryowen Road, Miles City, Montana combination with the above findings, NW1⁄4NE1⁄4SE1⁄4SE1⁄4, S1⁄2SE1⁄4SE1⁄4, 59301. 1 1 1 will be used in the final analysis to NW ⁄4SE ⁄4SE ⁄4; 1 1 1 1 1 1 FOR FURTHER INFORMATION CONTACT: Dan determine whether or not to issue the Sec. 23: NE ⁄4NE ⁄4, SE ⁄4SW ⁄4NW ⁄4NE ⁄4, N1⁄2SW1⁄4NW1⁄4NE1⁄4, E1⁄2NW1⁄4NE1⁄4; Benoit, Team Leader, Bureau of Land ITP. Sec. 24: NW1⁄4SE1⁄4NW1⁄4NW1⁄4, Management, Miles City Field Office, Dated: November 10, 1998. N1⁄2SW1⁄4NW1⁄4NW1⁄4, N1⁄2NW1⁄4NW1⁄4. (406) 232–7001, ext 206. H. Dale Hall, 150 acres, more or less SUPPLEMENTARY INFORMATION: Spring Deputy Regional Director. State of Montana Lease Tracts Creek Coal Company is the lessee and [FR Doc. 98–30787 Filed 11–17–98; 8:45 am] operator of Federal Coal Lease MTM Lease C–1099–XX BILLING CODE 4310±55±P 069782 at the Spring Creek Mine. The T. 8 S., R., 39 E., P.M.M. proposed lease area adjoins the current Sec. 14: S1⁄2S1⁄2NW1⁄4, SW1⁄4, W1⁄2SE1⁄4. lease to the north. DEPARTMENT OF THE INTERIOR Lease C–1100–XX Due to its coal reserve base and configuration, the Spring Creek lease Bureau of Land Management T. 8 S., R., 39 E., P.M.M Sec. 15: NE1⁄4SW1⁄4SE1⁄4, SE1⁄4SE1⁄4, application area is a logical step to [MT±020±1320±00] N1⁄2SE1⁄4, S1⁄2SE1⁄4NE1⁄4. extend the life of the Spring Creek Mine. With the current permitted reserves of Lease C–1101–XX Notice of Intent to Plan coal, the current level of production at T. 8 S., R., 39 E., P.M.M the Spring Creek Mine can be AGENCY: Bureau of Land Management 1 1 1 1 1 1 Sec. 23: N ⁄2N ⁄2NW ⁄4, NW ⁄4NW ⁄4NE ⁄4. maintained for approximately 19 more (BLM), Montana, Miles City Field 479.16 acres, more or less Office, Interior. years. This action could amend the Powder The areas applied for would be mined ACTION: Notice of Intent to Plan, Spring Creek Coal Company’s Coal Lease River Resource Management Plan (1984) as an extension of the Spring Creek Application MTM 88405 for Certain if certain Federal coal leasing Mine and would utilize the same Coal Resources in the Powder River unsuitability designations on or methods as those currently being used. Coal Region, Big Horn County, Montana. adjacent to the Federal coal tracts are The leases being applied for would changed. The analysis will be based on extend the life of the mine for an SUMMARY: On June 26, 1998, Spring existing statutory requirements and will additional 8 years beyond what is Creek Coal Company (SCCC) filed an meet the requirements of the Federal currently permitted, and enable application with the Bureau of Land Land Policy and Management Act recovery of coal as a logical extension of Management (BLM) to lease a 150 acre (FLPMA) of 1976 and the Surface the current pits at the Spring Creek tract containing about 19.8 million tons Mining Control and Reclamation Act Mine. of Federally owned coal reserves near (SMCRA) of 1977. Dated: November 9, 1998. the Spring Creek Coal Mine. On June 3, DATES: Public scoping on the proposal Timothy M. Murphy, 1998, Spring Creek Coal Company filed will begin with the date of publication Miles City Field Manager. an application with the State of of this Notice and will end 30 days after [FR Doc. 98–30860 Filed 11–17–98; 8:45 am] Montana Department of Natural publication. Any issues, concerns or Resources and Conservation (DNRC) to alternatives should be submitted to BLM BILLING CODE 4310±DN±P lease a 479 acre coal tract. The tract, December 18, 1998, so they can be which would consist of three separate addressed in the environmental DEPARTMENT OF THE INTERIOR state leases, contains an estimated 62.1 analysis. million tons of state owned coal. To facilitate the planning effort, two Bureau of Land Management As Co-Lead Agencies, the BLM and public scoping meetings have been Montana DNRC will prepare one scheduled as follows: [CO±956±98±1420±00] Environmental Assessment to evaluate 1. December 3, 2 pm, Lame Deer, the impacts of coal mining which would Montana, Dull Knife Memorial College Colorado: Filing of Plats of Survey result from leasing the tracts of Federal Auditorium; and State coal. 2. December 3, 7 pm, Hardin, November 5, 1998. The lands included in the coal lease Montana, Becker Hotel Conference The plats of survey of the following applications are located in Big Horn Room, 200 North Center. described land will be officially filed in County, Montana and are described as 3. December 7, 1 pm, Sheridan, the Colorado State Office, Bureau of follows: Wyoming, Fulmer Public Library, 335 Land Management, 2850 Youngfield Federal Lease Tract MTM 88405 W. Alger. Street, Lakewood, Colorado, 80215– T. 8 S., R. 39 E., P.M.M. ADDRESSES: All submissions should be 7093, effective 10:00 am, November 5, Sec. 13: SW1⁄4SW1⁄4SW1⁄4, sent to the following address: Bureau of 1998. All inquiries should be sent to SW1⁄4SE1⁄4SW1⁄4SW1⁄4; Land Management, Miles City Field this address.

Township Range Meridian Group No. Approval date

T. 13 S...... R. 85 W. 6 1216 ...... October 1, 1998. T. 04 N...... R. 84 W. 6 1134 ...... October 13, 1998. T. 05 N...... R. 92 W. 6 1188 ...... October 23, 1998. T. 03 N...... R. 75 W. 6 1208 ...... October 23, 1998. T. 01 S...... R. 78 W. 6 1198 ...... October 26, 1998. T. 45 N...... R. 03 W. NM Supplemental Plat ...... October 26, 1998. T. 13 S...... R. 85 W. 6 1216 ...... November 3, 1998. T. 01 S...... R. 01 W. UTE 1144 ...... November 4, 1998.