Mr. Peter Fasbender
Regional HCP Coordinator
U.S. Fish and Wildlife Services
1 Federal Drive
Fort Snelling, MN 55111-4056

Re: Magic Carpet Woods Association, TE-025433

Dear Mr. Fasbender:

The Michigan Land Use Institute appreciates the opportunity to submit additional comments regarding the Incidental Take Permit application by the Magic Carpet Woods Association. The Institute maintains the position outlined in its comments dated December 12, 2000 that the U.S. Fish and Wildlife Service should delay any action on this permit until after formal designation of the piping plover critical habitat scheduled for April 2001.

There has been strong concern voiced by our members and local citizens about this proposed development since the initial period for public comment. In light of these concerns, and because of the significance of the potential impact of the proposed development on plover habitat, the Institute further recommends that the U.S. Fish and Wildlife Service schedule a public hearing on this matter in a location near the property. Based on the strong public turnout last fall at a public hearing for maintaining state ownership of the Leelanau State Park adjacent to this property, it is clear that the public has a strong interest in resource conservation in this area.

Considering the rapid decline of pristine Lake Michigan shoreline, the pending loss of additional plover habitat in public ownership on nearby South Fox Island, and the fragile status of the plover population, it is inappropriate for the federal government to act on this permit without holding a public hearing.

Finally, pursuant to the Habitat Conservation Plan Handbook, if the U.S. Fish and Wildlife Service pursues action on the Incidental Take Permit, the Institute requests an official notice 10 days in advance of permit issuance.

Thank you for your time and attention to this matter.

Sincerely,
Jim Lively
Shoreline Protection Coordinator