[Federal Register: June 8, 1998 (Volume 63, Number 109)] [Notices] [Page 31225-31226] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr08jn98-71] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Application for the Proposed Issuance of a Permit To Allow Incidental Take of an Endangered Species at the Los Osos Center, LLC, Proposed Commercial Development Project, in Los Osos, California AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of document availability; request for comments. ----------------------------------------------------------------------- SUMMARY: This notice advises the public that Los Osos Center, LLC (Applicant), 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 (Act), as amended. The Applicant is requesting the Service issue a 5-year permit to allow the incidental take of the federally listed as endangered Morro shoulderband snail (Helminthoglypta walkeriana) associated with a proposed 5.5-acre commercial development project in the community of Los Osos, San Luis Obispo County, California. The permit application includes a Habitat Conservation Plan and an Implementation Agreement, both of which are available for pubic 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 on the permit application and Environmental Assessment should be received on or before July 8, 1998. ADDRESSES: Comments regarding the application or the Environmental Assessment, or requests for these documents, should be addressed to Diane Noda, Field Supervisor, Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura, California 93003; facsimile (805) 644-3958. FOR FURTHER INFORMATION CONTACT: Kate Symonds, Fish and Wildlife Biologist, at the above address or telephone (805) 644-1766. 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 Act and its implementing regulations, ``taking'' of threatened and endangered species is prohibited. However, the Service, under limited circumstances, 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 part 13 and 50 CFR 17.22 and 17.32. The incidental taking would occur as the result of the Applicant's proposed commercial development project, which would result in the permanent loss of 0.5 acres of Morro shoulderband snail habitat within the 5.5-acre project site. The permit application includes a Habitat Conservation Plan (Plan) and the Implementation Agreement which defines 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 commercial development project and provides for implementation of measures to minimize and mitigate adverse impacts to the Morro shoulderband snail. The Applicant will pay a mitigation compensation fee to the Service's land acquisition and management designee to be used for the acquisition and management in perpetuity of 0.5 acres of high-quality offsite Morro shoulderband snail habitat, as part of a larger habitat acquisition program in Los Osos. The 0.5-acre land acquisition will compensate for the permanent loss of 0.5 acres of snail habitat that will result from project implementation and will benefit the long-term conservation of the snail. The Plan and the Environmental Assessment consider three alternatives to the proposed commercial development project: the No- Development Project Alternative, the Reduced Intensity Alternative, and the Alternate Site Alternative. Under the No-Development Project Alternative, no commercial development project would be conducted. The Service would not issue a Section 10(a)(1)(B) permit because there would be no take of Morro shoulderband snails. This alternative would not adversely affect biological resources occurring on this site; therefore, impacts would be less than those of the proposed project. This alternative assumes the continuation of the existing conditions (i.e., undeveloped area). However, the No-Development Project Alternative would not substantially benefit the Morro shoulderband snail. Non-native plants would continue to occupy the project site and human disturbances would likely continue. Under this alternative, no contribution to the acquisition, preservation, and management of high-quality offsite Morro shoulderband snail habitat would occur. The Reduced Intensity Alternative involves proceeding with a commercial development on the proposed 5.5-acre project site, but with a smaller construction configuration so as to avoid physical disturbance to the areas of Morro shoulderband snail habitat within the project site. This alternative would involve not developing approximately 1.5 acres within the 5.5-acre parcel. A Reduced Intensity Alternative would not benefit the Morro shoulderband snail because it would [[Page 31226]] further isolate the habitat. Under this alternative, no contribution to the acquisition, preservation, and management of high-quality offsite Morro shoulderband snail habitat would occur. The Alternate Site Alternative involves the use of a site for a commercial development project that does not support any listed species; therefore, the project would not result in the incidental take of a listed species. This alternative is considered to be unfeasible from a business and commercial standpoint given market, development, and private contractual constraints. Although this alternative would result in no impact at the proposed project site, it would not substantially benefit the Morro shoulderband snail. The project site contains marginal snail habitat, including non-native plants. Human disturbances to the project site would likely continue. Under this alternative, no contribution to the acquisition, preservation, and management of high-quality offsite Morro shoulderband snail habitat would occur. This notice is provided pursuant to Section 10(c) of the Act and Service regulations for implementing the National Environmental Policy Act of 1969 (40 CFR 1506.6). The Service will evaluate the application, its associated documents, and submitted comments to determine whether the application meets the requirements of law. 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: June 1, 1998. Thomas Dwyer, Acting Regional Director, Region 1, Portland, Oregon. [FR Doc. 98-15069 Filed 6-5-98; 8:45 am] BILLING CODE 4310-55-P