Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; San Bernardino County, CA, 19117-19118 [2014-07665]
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Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Notices
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Information Collection Clearance
Officer: Cheryl Blundon, 703–787–1607.
Dated: March 25, 2014.
Robert W. Middleton,
Deputy Chief, Office of Offshore Regulatory
Programs.
[FR Doc. 2014–07677 Filed 4–4–14; 8:45 am]
BILLING CODE 4310–VH–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2014–N055; FXES11120000–
145–FF08ECAR00]
Endangered and Threatened Wildlife
and Plants; Incidental Take Permit
Application; Proposed Low-Effect
Habitat Conservation Plan and
Associated Documents; San
Bernardino County, CA
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), have received
an application from City of Rialto
(applicant), for a 3-year incidental take
permit (permit); the application
includes the applicant’s proposed
habitat conservation plan (HCP), as
required by the Endangered Species Act
of 1973, as amended (Act). If approved,
the permit would authorize incidental
take of the endangered Delhi Sands
flower-loving fly in the course of routine
activities associated with the
construction activities associated with
the widening of San Bernardino
Avenue, Riverside Avenue, and Willow
Avenue. We invite public comment on
the permit application and proposed
HCP, and on our preliminary
determination that the HCP qualifies as
‘‘low-effect’’ for a categorical exclusion
under the National Environmental
Policy Act. To make this determination,
we used our environmental action
statement and low-effect screening form,
which are also available for review.
DATES: To ensure consideration, please
send your written comments by May 7,
2014.
ADDRESSES: Obtaining Documents: You
may request a copy of the incidental
take permit application, proposed HCP,
and associated documents by email,
telephone, fax, or U.S. mail (see below).
These documents are also available for
public inspection by appointment
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:49 Apr 04, 2014
Jkt 232001
during normal business hours at the
office below. Please send your requests
or comments by any one of the
following methods, and specify ‘‘San
Bernardino Avenue, Riverside Avenue,
and Willow Avenue Street
Improvements HCP’’ in your request or
comment.
Submitting Comments: You may
submit comments or requests for more
information by any of the following
methods:
Email: ken_corey@fws.gov. Include
‘‘San Bernardino Avenue, Riverside
Avenue, and Willow Avenue Street
Improvements HCP’’ in the subject line
of your message.
Telephone: Kennon A. Corey, Palm
Springs Fish and Wildlife Office, 760–
322–2070.
Fax: Kennon A. Corey, Palm Springs
Fish and Wildlife Office, 760–322–4648,
Attn.: San Bernardino Avenue,
Riverside Avenue, and Willow Avenue
Street Improvements HCP.
U.S. Mail: Kennon A. Corey, Palm
Springs Fish and Wildlife Office, Attn.:
San Bernardino Avenue, Riverside
Avenue, and Willow Avenue Street
Improvements HCP, U.S. Fish and
Wildlife Service, 777 East Tahquitz
Canyon Way, Suite 208, Palm Springs,
CA 92262.
In-Person Viewing or Pickup of
Documents, or Delivery of Comments:
Call 760–322–2070 to make an
appointment during regular business
hours at the above address.
FOR FURTHER INFORMATION CONTACT:
Kennon A. Corey, Assistant Field
Supervisor, Palm Springs Fish and
Wildlife Office; telephone 760–332–
2070. If you use a telecommunications
device for the deaf (TDD), please call the
Federal Information Relay Service
(FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Introduction
The applicant, City of Rialto, requests
an incidental take permit under section
10(a)(1)(B) of the Act. If we approve the
permit, the applicant anticipates taking
Delhi Sands flower-loving fly
(Rhaphiomidas terminatus abdominalis)
as a result of minor disturbances to
habitat the species uses for breeding,
feeding, and sheltering. Take of Delhi
Sands flower-loving fly would be
incidental to the applicant’s routine
activities associated with the
construction activities associated with
the widening of San Bernardino
Avenue, Riverside Avenue, and Willow
Avenue, in the City of Rialto, San
Bernardino County, California. We
published a final rule to list Delhi Sands
flower-loving fly as endangered on
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
19117
September 23, 1993 (58 FR 49881). The
rule became effective September 22,
1993. A 5-year review of the species was
published in March 2008.
Background
Section 9 of the Act (16 U.S.C. 1531
et seq.) and our implementing Federal
regulations in the Code of Federal
Regulations (CFR) at 50 CFR 17 prohibit
the ‘‘take’’ of wildlife species listed as
endangered or threatened. Take of listed
wildlife is defined under the Act as ‘‘to
harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect
listed species, or to attempt to engage in
any such conduct’’ (16 U.S.C. 1538).
‘‘Harm’’ includes significant habitat
modification or degradation that
actually kills or injures listed wildlife
by significantly impairing essential
behavioral patterns such as breeding,
feeding, or sheltering (50 CFR 17.3).
Under limited circumstances, we may
issue permits to authorize incidental
take of listed wildlife species, which the
Act defines as take that is incidental to,
and not the purpose of, the carrying out
of otherwise lawful activities.
Regulations governing incidental take
permits for threatened and endangered
species are at 50 CFR 17.32 and 17.22,
respectively. In addition to meeting
other criteria, activities covered by an
incidental take permit must not
jeopardize the continued existence in
the wild of federally listed wildlife or
plants.
Applicant’s Proposal
The applicant requests a 3-year permit
under section 10(a)(1)(B) of the Act. If
we approve the permit, the applicant
anticipates taking Delhi Sands flowerloving fly (Rhaphiomidas terminatus
abdominalis) as a result of street
improvements which will permanently
and temporarily impact 0.74 acre (ac)
(0.30 hectare (ha)) of habitat the species
uses for breeding, feeding, and
sheltering. The take would be incidental
to the applicant’s routine construction
activities associated with the widening
of San Bernardino Avenue, Riverside
Avenue, and Willow Avenue, in the
City of Rialto, San Bernardino County,
California.
A portion of the street widening
project is on Delhi Sands soils. This soil
type, which consists of fine wind-blown
sand deposits, along with sparse native
shrubs and annual plants defines the
Delhi Sands flower-loving fly habitat.
Less than 5 percent of the species’
historic range is left, found in a few
disjunct locations in southwestern San
Bernardino and northwestern Riverside
Counties. Development and exclusion
by invasive plant species continue to be
E:\FR\FM\07APN1.SGM
07APN1
19118
Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Notices
threats to this species. Conservation
banks, like the Colton Dunes
Conservation Bank, are this species’ best
chance at recovery.
To minimize take of Delhi Sands
flower-loving fly at the City of Rialto’s
street widening project, the applicant
proposes to mitigate for the permanent
and temporary take of 0.74 ac (0.30 ha)
of habitat by preserving 1ac (0.40 ha) of
habitat occupied by Delhi Sands flowerloving fly. The applicant’s proposed
HCP also contains the following
proposed measures to minimize the
impact to the habitat adjacent to the
street improvements:
• Fence work areas to keep workers
off of habitat.
• Post signs to educate the public
about the Delhi Sands flower-loving fly
along the work area.
• Require environmental awareness
training for all workers.
• Confine construction activities to
existing roads or other paved areas.
• Require that all construction
activities be completed during the time
period October through June only (i.e.,
outside of the Delhi Sands flower-loving
fly flight season).
Proposed Habitat Conservation Plan
Alternatives
In the proposed HCP, the applicant
considers alternatives to the taking of
Delhi Sands flower-loving fly under the
proposed action. Our proposed action is
to issue an incidental take permit to the
applicant, who would implement the
HCP. If we approve the permit, take of
Delhi Sands flower-loving fly would be
authorized for the applicant’s routine
construction activities associated with
the widening of San Bernardino
Avenue, Riverside Avenue, and Willow
Avenue, in the City of Rialto. The
applicant’s proposed HCP does identify
a no-build alternative that would not
result in incidental take of Delhi Sands
flower-loving fly, but it is infeasible for
the City of Rialto to accept this
alternative as it would result in roadway
congestion and insufficient storm drain
capacity due to future planned
development.
mstockstill on DSK4VPTVN1PROD with NOTICES
Our Preliminary Determination
We invite comments on our
preliminary determination that our
proposed action, based on the
applicant’s proposed activities,
including the proposed minimization
and mitigation measures, would have a
minor or negligible effect on Delhi
Sands flower-loving fly, and that the
HCP qualifies as ‘‘low effect’’ as defined
by our Habitat Conservation Planning
Handbook (November 1996).
VerDate Mar<15>2010
17:49 Apr 04, 2014
Jkt 232001
We base our determination that a HCP
qualifies as a low-effect plan on the
following three criteria:
(1) Implementation of the HCP would
result in minor or negligible effects on
federally listed, proposed, and
candidate species and their habitats;
(2) Implementation of the HCP would
result in minor or negligible effects on
other environmental values or
resources; and
(3) Impacts of the HCP, considered
together with the impacts of other past,
present, and reasonably foreseeable
similarly situated projects, would not
result, over time, in cumulative effects
to environmental values or resources
that would be considered significant.
As more fully explained in our
environmental action statement and
associated low-effect screening form, the
applicant’s proposed HCP qualifies as a
low-effect HCP for the following
reasons:
• The project is small in size and
does not jeopardize the continued
existence of the Delhi Sands flowerloving fly.
• The applicant will mitigate impacts
to the Delhi Sands flower-loving fly by
purchasing 1 ac of occupied Delhi
Sands flower-loving fly habitat within
the Colton Dunes Conservation Bank
prior to ground disturbance.
• This project provides a net gain in
preserved occupied habitat.
Therefore, our proposed issuance of
the requested incidental take permit
qualifies as a categorical exclusion
under the National Environmental
Policy Act (NEPA), as provided by the
Department of the Interior Manual (516
DM 2 Appendix 1, 516 DM 6 Appendix
1, and 516 DM 8.5(C)(2)). Based on our
review of public comments we receive
in response to this notice, we may revise
this preliminary determination.
Next Steps
We will evaluate the proposed HCP
and comments we receive to determine
whether the permit application meets
the requirements and issuance criteria
under section 10(a) of the Act (16 U.S.C.
1531 et seq.). We will also evaluate
whether issuance of a section 10(a)(1)(B)
incidental take permit would comply
with section 7 of the Act by conducting
an intra-Service consultation. We will
use the results of this consultation, in
combination with the above findings, in
our final analysis to determine whether
or not to issue a permit. If the
requirements and issuance criteria
under section 10(a) are met, we will
issue the permit to the applicant for
incidental take of Delhi Sands flowerloving fly.
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
Public Comments
If you wish to comment on the permit
application, proposed HCP, and
associated documents, you may submit
comments by any of the methods noted
in the ADDRESSES section.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Authority
We provide this notice under section
10 of the Act (16 U.S.C. 1531 et seq.)
and NEPA regulations (40 CFR 1506.6).
Scott A. Sobiech,
Acting Field Supervisor, Carlsbad Fish and
Wildlife Office, Carlsbad, California.
[FR Doc. 2014–07665 Filed 4–4–14; 8:45 am]
BILLING CODE 4510–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
FWS–R6–ES–2014–N059; FF06E24000–145–
FXES11150600000]
Endangered and Threatened Wildlife
and Plants; Incidental Take Permit
Application; Proposed Low-Effect
Habitat Conservation Plan for the
Preble’s Meadow Jumping Mouse at
the Kettle Creek Ranch in El Paso
County, Colorado
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), received a
permit application from Vintage
Companies and are announcing the
availability of a draft low-effect Habitat
Conservation Plan (HCP) for review and
comment by the public and Federal,
Tribal, State, and local governments.
The proposed permit would authorize
the incidental take of the federally
threatened Preble’s meadow jumping
mouse from Vintage Companies’
proposed Kettle Creek Ranch residential
development in El Paso County,
Colorado. We request comments on the
permit application, including the draft
low-effect HCP.
SUMMARY:
E:\FR\FM\07APN1.SGM
07APN1
Agencies
[Federal Register Volume 79, Number 66 (Monday, April 7, 2014)]
[Notices]
[Pages 19117-19118]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07665]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2014-N055; FXES11120000-145-FF08ECAR00]
Endangered and Threatened Wildlife and Plants; Incidental Take
Permit Application; Proposed Low-Effect Habitat Conservation Plan and
Associated Documents; San Bernardino County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from City of Rialto (applicant), for a 3-year
incidental take permit (permit); the application includes the
applicant's proposed habitat conservation plan (HCP), as required by
the Endangered Species Act of 1973, as amended (Act). If approved, the
permit would authorize incidental take of the endangered Delhi Sands
flower-loving fly in the course of routine activities associated with
the construction activities associated with the widening of San
Bernardino Avenue, Riverside Avenue, and Willow Avenue. We invite
public comment on the permit application and proposed HCP, and on our
preliminary determination that the HCP qualifies as ``low-effect'' for
a categorical exclusion under the National Environmental Policy Act. To
make this determination, we used our environmental action statement and
low-effect screening form, which are also available for review.
DATES: To ensure consideration, please send your written comments by
May 7, 2014.
ADDRESSES: Obtaining Documents: You may request a copy of the
incidental take permit application, proposed HCP, and associated
documents by email, telephone, fax, or U.S. mail (see below). These
documents are also available for public inspection by appointment
during normal business hours at the office below. Please send your
requests or comments by any one of the following methods, and specify
``San Bernardino Avenue, Riverside Avenue, and Willow Avenue Street
Improvements HCP'' in your request or comment.
Submitting Comments: You may submit comments or requests for more
information by any of the following methods:
Email: ken_corey@fws.gov. Include ``San Bernardino Avenue,
Riverside Avenue, and Willow Avenue Street Improvements HCP'' in the
subject line of your message.
Telephone: Kennon A. Corey, Palm Springs Fish and Wildlife Office,
760-322-2070.
Fax: Kennon A. Corey, Palm Springs Fish and Wildlife Office, 760-
322-4648, Attn.: San Bernardino Avenue, Riverside Avenue, and Willow
Avenue Street Improvements HCP.
U.S. Mail: Kennon A. Corey, Palm Springs Fish and Wildlife Office,
Attn.: San Bernardino Avenue, Riverside Avenue, and Willow Avenue
Street Improvements HCP, U.S. Fish and Wildlife Service, 777 East
Tahquitz Canyon Way, Suite 208, Palm Springs, CA 92262.
In-Person Viewing or Pickup of Documents, or Delivery of Comments:
Call 760-322-2070 to make an appointment during regular business hours
at the above address.
FOR FURTHER INFORMATION CONTACT: Kennon A. Corey, Assistant Field
Supervisor, Palm Springs Fish and Wildlife Office; telephone 760-332-
2070. If you use a telecommunications device for the deaf (TDD), please
call the Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Introduction
The applicant, City of Rialto, requests an incidental take permit
under section 10(a)(1)(B) of the Act. If we approve the permit, the
applicant anticipates taking Delhi Sands flower-loving fly
(Rhaphiomidas terminatus abdominalis) as a result of minor disturbances
to habitat the species uses for breeding, feeding, and sheltering. Take
of Delhi Sands flower-loving fly would be incidental to the applicant's
routine activities associated with the construction activities
associated with the widening of San Bernardino Avenue, Riverside
Avenue, and Willow Avenue, in the City of Rialto, San Bernardino
County, California. We published a final rule to list Delhi Sands
flower-loving fly as endangered on September 23, 1993 (58 FR 49881).
The rule became effective September 22, 1993. A 5-year review of the
species was published in March 2008.
Background
Section 9 of the Act (16 U.S.C. 1531 et seq.) and our implementing
Federal regulations in the Code of Federal Regulations (CFR) at 50 CFR
17 prohibit the ``take'' of wildlife species listed as endangered or
threatened. Take of listed wildlife is defined under the Act as ``to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect listed species, or to attempt to engage in any such conduct''
(16 U.S.C. 1538). ``Harm'' includes significant habitat modification or
degradation that actually kills or injures listed wildlife by
significantly impairing essential behavioral patterns such as breeding,
feeding, or sheltering (50 CFR 17.3). Under limited circumstances, we
may issue permits to authorize incidental take of listed wildlife
species, which the Act defines as take that is incidental to, and not
the purpose of, the carrying out of otherwise lawful activities.
Regulations governing incidental take permits for threatened and
endangered species are at 50 CFR 17.32 and 17.22, respectively. In
addition to meeting other criteria, activities covered by an incidental
take permit must not jeopardize the continued existence in the wild of
federally listed wildlife or plants.
Applicant's Proposal
The applicant requests a 3-year permit under section 10(a)(1)(B) of
the Act. If we approve the permit, the applicant anticipates taking
Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis) as
a result of street improvements which will permanently and temporarily
impact 0.74 acre (ac) (0.30 hectare (ha)) of habitat the species uses
for breeding, feeding, and sheltering. The take would be incidental to
the applicant's routine construction activities associated with the
widening of San Bernardino Avenue, Riverside Avenue, and Willow Avenue,
in the City of Rialto, San Bernardino County, California.
A portion of the street widening project is on Delhi Sands soils.
This soil type, which consists of fine wind-blown sand deposits, along
with sparse native shrubs and annual plants defines the Delhi Sands
flower-loving fly habitat. Less than 5 percent of the species' historic
range is left, found in a few disjunct locations in southwestern San
Bernardino and northwestern Riverside Counties. Development and
exclusion by invasive plant species continue to be
[[Page 19118]]
threats to this species. Conservation banks, like the Colton Dunes
Conservation Bank, are this species' best chance at recovery.
To minimize take of Delhi Sands flower-loving fly at the City of
Rialto's street widening project, the applicant proposes to mitigate
for the permanent and temporary take of 0.74 ac (0.30 ha) of habitat by
preserving 1ac (0.40 ha) of habitat occupied by Delhi Sands flower-
loving fly. The applicant's proposed HCP also contains the following
proposed measures to minimize the impact to the habitat adjacent to the
street improvements:
Fence work areas to keep workers off of habitat.
Post signs to educate the public about the Delhi Sands
flower-loving fly along the work area.
Require environmental awareness training for all workers.
Confine construction activities to existing roads or other
paved areas.
Require that all construction activities be completed
during the time period October through June only (i.e., outside of the
Delhi Sands flower-loving fly flight season).
Proposed Habitat Conservation Plan Alternatives
In the proposed HCP, the applicant considers alternatives to the
taking of Delhi Sands flower-loving fly under the proposed action. Our
proposed action is to issue an incidental take permit to the applicant,
who would implement the HCP. If we approve the permit, take of Delhi
Sands flower-loving fly would be authorized for the applicant's routine
construction activities associated with the widening of San Bernardino
Avenue, Riverside Avenue, and Willow Avenue, in the City of Rialto. The
applicant's proposed HCP does identify a no-build alternative that
would not result in incidental take of Delhi Sands flower-loving fly,
but it is infeasible for the City of Rialto to accept this alternative
as it would result in roadway congestion and insufficient storm drain
capacity due to future planned development.
Our Preliminary Determination
We invite comments on our preliminary determination that our
proposed action, based on the applicant's proposed activities,
including the proposed minimization and mitigation measures, would have
a minor or negligible effect on Delhi Sands flower-loving fly, and that
the HCP qualifies as ``low effect'' as defined by our Habitat
Conservation Planning Handbook (November 1996).
We base our determination that a HCP qualifies as a low-effect plan
on the following three criteria:
(1) Implementation of the HCP would result in minor or negligible
effects on federally listed, proposed, and candidate species and their
habitats;
(2) Implementation of the HCP would result in minor or negligible
effects on other environmental values or resources; and
(3) Impacts of the HCP, considered together with the impacts of
other past, present, and reasonably foreseeable similarly situated
projects, would not result, over time, in cumulative effects to
environmental values or resources that would be considered significant.
As more fully explained in our environmental action statement and
associated low-effect screening form, the applicant's proposed HCP
qualifies as a low-effect HCP for the following reasons:
The project is small in size and does not jeopardize the
continued existence of the Delhi Sands flower-loving fly.
The applicant will mitigate impacts to the Delhi Sands
flower-loving fly by purchasing 1 ac of occupied Delhi Sands flower-
loving fly habitat within the Colton Dunes Conservation Bank prior to
ground disturbance.
This project provides a net gain in preserved occupied
habitat.
Therefore, our proposed issuance of the requested incidental take
permit qualifies as a categorical exclusion under the National
Environmental Policy Act (NEPA), as provided by the Department of the
Interior Manual (516 DM 2 Appendix 1, 516 DM 6 Appendix 1, and 516 DM
8.5(C)(2)). Based on our review of public comments we receive in
response to this notice, we may revise this preliminary determination.
Next Steps
We will evaluate the proposed HCP and comments we receive to
determine whether the permit application meets the requirements and
issuance criteria under section 10(a) of the Act (16 U.S.C. 1531 et
seq.). We will also evaluate whether issuance of a section 10(a)(1)(B)
incidental take permit would comply with section 7 of the Act by
conducting an intra-Service consultation. We will use the results of
this consultation, in combination with the above findings, in our final
analysis to determine whether or not to issue a permit. If the
requirements and issuance criteria under section 10(a) are met, we will
issue the permit to the applicant for incidental take of Delhi Sands
flower-loving fly.
Public Comments
If you wish to comment on the permit application, proposed HCP, and
associated documents, you may submit comments by any of the methods
noted in the ADDRESSES section.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you may
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Authority
We provide this notice under section 10 of the Act (16 U.S.C. 1531
et seq.) and NEPA regulations (40 CFR 1506.6).
Scott A. Sobiech,
Acting Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad,
California.
[FR Doc. 2014-07665 Filed 4-4-14; 8:45 am]
BILLING CODE 4510-55-P