[Federal Register: December 9, 1999 (Volume 64, Number 236)] [Notices] [Page 69022-69023] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr09de99-80] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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