[Federal Register Volume 64, Number 236 (Thursday, December 9, 1999)]
[Notices]
[Pages 69022-69023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31746]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of an Environmental Assessment and Receipt of
Application for an Incidental Take Permit for the Globenet/Worldcom
Parking Lot Expansion in Los Osos, San Luis Obispo County, CA
AGENCY: Fish and Wildlife Service, Interior
ACTION: Notice of availability.
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SUMMARY: MFS Globenet, Incorporated/Worldcom Network Services,
Incorporated (Globenet/Worldcom) has applied for an incidental take
permit from the Fish and Wildlife Service pursuant to section
10(a)(1)(B) of the Endangered Species Act of 1973, as amended.
Globenet/Worldcom requests a 5-year permit to allow the incidental take
of the federally endangered Morro shoulderband snail (Helminthoglypta
walkeriana) associated with construction of an expanded parking lot
(0.4 acre) in the community of Los Osos, San Luis Obispo County, CA.
The permit application includes a Habitat Conservation Plan and an
Implementation Agreement, both of which are available for public review
and comment. The Service also announces the availability of an
Environmental Assessment for the proposed issuance of the incidental
take permit. All comments received will become part of the
administrative record and may be released to the public.
DATES: Written comments should be received on or before January 10,
2000.
ADDRESSES: Comments should be addressed to Diane Noda, Field
Supervisor, Fish and Wildlife Service, 2493 Portola Road, Suite B,
Ventura, CA 93003; facsimile (805) 644-3958.
FOR FURTHER INFORMATION CONTACT: Laura Hill or Heather Hollis, Fish and
Wildlife Biologists, at (503) 231-6241.
SUPPLEMENTARY INFORMATION:
Document Availability
Individuals wishing copies of the documents for review should
immediately contact the office listed above. Documents also will be
available for inspection, by appointment, during normal business hours
at the above address.
Background
Under section 9 of the Endangered Species Act and its implementing
regulations, taking of threatened and endangered wildlife species is
prohibited. Under the Act, the term ``take'' means to harass, harm,
pursue, hunt, shoot, wound, kill, capture or collect listed wildlife,
or attempt to engage in such conduct. Harm includes habitat
modification that kills or injures wildlife by significantly impairing
essential behavioral patterns, including breeding, feeding, or
sheltering. Under limited circumstances, the Service may issue permits
to take threatened or endangered wildlife species if such taking is
incidental to, and not the purpose of, otherwise lawful activities.
Regulations governing permits for threatened and endangered species are
found at 50 CFR 17.22 and 17.32.
Globenet/Worldcom needs an incidental take permit to expand a
parking lot at its telecommunication building located at 10th and Los
Olivos Avenue in the city of Los Osos. To obtain a Certificate of
Occupancy for the building, Globenet/Worldcom must expand the parking
lot for fire truck access. Globenet/Wordlcom proposes to expand the
parking lot in areas of occupied snail habitat that were previously
avoided during siting of the building. Globenet/Worldcom may be able to
avoid impacts to the Morro shoulderband snail during future
construction and operation of a fiber optic cable originating at the
telecommunication facility. If take of the snail can not be avoided
during construction and operation of the cable, Globenet/Worldcom will
apply for a permit amendment.
The proposed construction of an expanded parking lot would result
in the permanent loss of 0.4 acre of habitat that supports the
endangered Morro shoulderband snail. The permit application includes a
Habitat Conservation Plan (Plan) and an Implementation Agreement which
define the responsibilities of all of the parties under the Plan. The
Plan addresses impacts to the Morro shoulderband snail that are
associated with the proposed parking lot expansion and the future cable
project. The Plan provides for implementation of measures to minimize
and mitigate adverse impacts to the Morro shoulderband snail.
To minimize the effects of the parking lot expansion, the
boundaries of the work area will be clearly marked and enforced by a
Service approved
[[Page 69023]]
biological monitor. To compensate for unavoidable habitat loss from the
parking lot expansion, and for future impacts from fiber optic cable
construction should a permit amendment be needed, Globenet/Worldcom
proposes to provide funds to acquire, restore, monitor and manage in
perpetuity 3.78 acres of high quality, Morro shoulderband snail habitat
off-site and adjacent to Montana de Oro State Park. This land would be
deeded to and managed by the California Department of Parks and
Recreation or another land manager approved by the Service.
The Plan and the Environmental Assessment consider two alternatives
to the proposed parking lot expansion project, as well as additional
alternatives to the future cable project. Under the No Development
Alternative, the parking lot would not be expanded, the
telecommunications building would remain vacated, and the Service would
not issue an incidental take permit. Non-native plants would recolonize
the project site, human disturbances would likely continue, and off-
site high quality snail habitat would not be protected. Under the
Alternate Site Alternative, the existing telecommunications building
would remain vacated. Globenet/Worldcom would construct another
building at another site that does not support listed species. The
Service would not issue an incidental take permit. This alternative
would result in greater impacts to the environment than the other
alternatives and would not provide a substantial benefit to the snail.
This notice is provided pursuant to section 10(a) of the Endangered
Species Act and Service regulations for implementing the National
Environmental Policy Act of 1969 (40 CFR 1506.6). In determining
whether the application meets the requirements of law, the Service will
evaluate the application, its associated documents, and comments
submitted by the public. If the Service determines that the
requirements are met, a permit will be issued for the incidental take
of the Morro shoulderband snail. A final decision on permit issuance
will be made no sooner than 30 days from the date of this notice.
Dated: December 1, 1999.
Elizabeth H. Stevens,
Manager, California/Nevada Operations Office, Sacramento, California.
[FR Doc. 99-31746 Filed 12-8-99; 8:45 am]
BILLING CODE 4310-55-P
