[Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
[Notices]
[Pages 18442-18443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9274]
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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 Hord Residential
Development Project, in Los Osos, San Luis Obispo County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: Joe and Cindy Hord have 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. The Hords are
requesting a 10-year permit to allow the incidental take of the
federally endangered Morro shoulderband snail (Helminthoglypta
walkeriana) associated with a proposed 4.2-acre residential 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 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 on the Assessment and permit application will
become part of the administrative record and may be released to the
public.
DATES: Written comments should be received on or before May 14, 1999.
ADDRESSES: Comments 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
If you would like copies of the documents for review, please
contact the office listed above immediately. Documents also are
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.
The Hords need an incidental take permit because the proposed
construction of their residential development project would result in
the permanent loss of 1.5 acres of habitat that supports the Morro
shoulderband snail within the 4.2-acre project site. The Hord's permit
application includes a Habitat Conservation Plan (Plan) that
[[Page 18443]]
addresses impacts to the Morro shoulderband snail associated with the
proposed project and that provides for implementation of measures to
minimize and mitigate adverse impacts to the snail. The Hords propose
to dedicate the remaining 2.7 acres of high quality Morro shoulderband
snail habitat within the project site that is not proposed for
residential development. Snail habitat would be conserved through a
perpetual open space conservation easement in favor of the County of
San Luis Obispo or another entity approved by the Service. The Hords
would ensure that the site is managed in perpetuity in a manner that
would be consistent with the Plan's conservation goals for the snail.
This action would compensate for the loss of habitat resulting from the
project and would benefit the long-term conservation of the snail. The
Hord's permit application includes an Implementation Agreement that
defines the responsibilities of all of the parties under the Plan.
The Habitat Conservation Plan, Implementation Agreement, and
Environmental Assessment are available for public review and comment.
The Plan and the Environmental Assessment consider four alternatives to
the proposed residential development project: the No Residential
Development Alternative, the Alternate Site Alternative, the Alternate
Building Location Alternative, and the Reduced Intensity Alternative.
The first two alternatives are no action (i.e., no permit)
alternatives.
Under the No Residential Development Alternative, housing would not
be developed on site. The Service would not issue a section 10(a)(1)(B)
permit because there would be no take of the Morro shoulderband snail.
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
site as an undeveloped area. Habitat for the snail would degrade over
time without active management. This alternative would not
substantially benefit the Morro shoulderband snail because no permanent
onsite habitat conservation area would be established, managed, and
monitored under this alternative.
The Alternate Site Alternative involves the use of another site for
the Hord's residential development project that does not support any
listed species. An incidental take permit would not be needed. This
alternative would not meet the project purpose and need and was
considered economically unfeasible by the Hords. Although this
alternative would result in no impact at the proposed construction
site, it would not result in establishment of a permanent open space
easement that is expected to have long-term benefits for the snail.
Under the Alternate Building Location Alternative, the proposed
4.2-acre parcel would be surveyed for snail presence and the proposed
residential buildings and accessory structures would be arranged or
sited within the 4.2-acre parcel to avoid and minimize disturbance to
areas of the site occupied by the snails. The project might require
issuance of an incidental take permit if some acreage of Morro
shoulderband snail habitat would be affected. The Hords did not select
the Alternate Building Location Alternative because it would not meet
the project purpose and need as well as the Proposed Project
Alternative and, upon analysis, would not provide greater habitat
benefit to the snail.
Under the Reduced Intensity Alternative, the Hords would construct
a residential development within the same 4.2-acre parcel but within a
reduced construction area, so as to cause less physical disturbance to
onsite Morro shoulderband snail habitat. The project could require
issuance of an incidental take permit if some acreage of Morro
shoulderband snail habitat would be affected. Compared to the Proposed
Project Alternative, the Reduced Intensity Alternative would result, at
best, in only a minor addition of undeveloped acreage. This
contribution to the overall habitat requirements of the Morro
shoulderband snail would not be significant.
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: April 7, 1999.
Elizabeth H. Stevens,
Deputy Manager, California/Nevada Operations Office, Region 1,
Sacramento, California.
[FR Doc. 99-9274 Filed 4-13-99; 8:45 am]
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