Proposed Low Effect Habitat Conservation Plan for the Union Pacific Railroad Alhambra Subdivision, City of Colton, County of San Bernardino, CA, 31602-31603 [E7-10975]

Download as PDF rwilkins on PROD1PC63 with NOTICES 31602 Federal Register / Vol. 72, No. 109 / Thursday, June 7, 2007 / Notices mammals. The applications were submitted to satisfy requirements of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), and the regulations governing marine mammals (50 CFR Part 18). Written data, comments, or requests for copies of the complete applications or requests for a public hearing on these applications should be submitted to the Director (address above). Anyone requesting a hearing should give specific reasons why a hearing would be appropriate. The holding of such a hearing is at the discretion of the Director. Applicant: USGS, Alaska Science Center, Anchorage, AK, PRT–801652. The applicant requests renewal and amendment of a permit to take walrus (Odobenus rosmarus) in Alaska and to import and export biological samples for the purpose of scientific research. The take activities include capture and release; tag, mark and radio collar; and collection of biometrics and biological samples. This notification covers activities to be conducted by the applicant over a five-year period. Concurrent with the publication of this notice in the Federal Register, the Division of Management Authority is forwarding copies of the above application to the Marine Mammal Commission and the Committee of Scientific Advisors for their review. Applicant: Gregory L. Pope, Arroya Grande, CA, PRT–153572. The applicant requests a permit to import a polar bear (Ursus maritimus) sport hunted from the Northern Beaufort Sea polar bear population in Canada for personal, noncommercial use. Applicant: John E. Stepan, Burnet, TX, PRT–154208. The applicant requests a permit to import a polar bear (Ursus maritimus) sport hunted from the Northern Beaufort Sea polar bear population in Canada for personal, noncommercial use. Applicant: Herbert Rudolf, Bonita Springs, FL, PRT–154555. The applicant requests a permit to import a polar bear (Ursus maritimus) sport hunted from the Lancaster Sound polar bear population in Canada for personal, noncommercial use. Applicant: Terry Morgan, Lufkin, TX, PRT–154890. The applicant requests a permit to import a polar bear (Ursus maritimus) sport hunted from the Northern Beaufort Sea polar bear population in Canada for personal, noncommercial use. Applicant: James W. Dusa, Yuba City, CA, PRT–154199. The applicant requests a permit to import a polar bear (Ursus maritimus) VerDate Aug<31>2005 20:59 Jun 06, 2007 Jkt 211001 sport hunted from the Lancaster Sound polar bear population in Canada for personal, noncommercial use. Applicant: Victor J. Mueller, Princeton, WI, PRT–154206. The applicant requests a permit to import a polar bear (Ursus maritimus) sport hunted from the Lancaster Sound polar bear population in Canada for personal, noncommercial use. Applicant: Jim A. Schilling, Happy Valley, OR, PRT–154610. The applicant requests a permit to import a polar bear (Ursus maritimus) sport hunted from the Lancaster Sound polar bear population in Canada for personal, noncommercial use. Dated: May 18, 2007. Amy Brisendine, Acting Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7–11039 Filed 6–6–07; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Proposed Low Effect Habitat Conservation Plan for the Union Pacific Railroad Alhambra Subdivision, City of Colton, County of San Bernardino, CA Fish and Wildlife Service, Interior. ACTION: Notice of availability. AGENCY: SUMMARY: Union Pacific Railroad (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 5year incidental take permit for one covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ‘‘take’’ of the endangered Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis) associated with the proposed double-tracking and rail and drainage improvements in the City of Colton, San Bernardino County, California. A conservation program to mitigate for the project activities would be implemented as described in the proposed Union Pacific Railroad Alhambra Subdivision Project Low Effect Habitat Conservation Plan (proposed HCP), which would be implemented by the applicant. We are requesting comments on the permit application and on the preliminary determination that the proposed HCP qualifies as a ‘‘Loweffect’’ Habitat Conservation Plan, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. The basis PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 for this determination is discussed in the Environmental Action Statement (EAS) and the associated Low Effect Screening Form, which are also available for public review. DATES: Written comments should be received on or before July 9, 2007. ADDRESSES: Comments should be addressed to the Field Supervisor, Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California 92011. Written comments may be sent by facsimile to (760) 918–0638. FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES); telephone: (760) 431–9440. SUPPLEMENTARY INFORMATION: Availability of Documents Individuals wishing copies of the application, proposed HCP, and EAS should immediately contact the Service by telephone at (760) 431–9440 or by letter to the Carlsbad Fish and Wildlife Office. Copies of the proposed HCP and EAS also are available for public inspection during regular business hours at the Carlsbad Fish and Wildlife Office [see ADDRESSES]. Background Section 9 of the Act and its implementing Federal regulations prohibit the take of animal species listed as endangered or threatened. Take is defined under the Act as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect listed animal species, or attempt to engage in such conduct (16 U.S.C. 1538). However, under section 10(a) of the Act, the Service may issue permits to authorize incidental take of listed species. ‘‘Incidental take’’ is defined by the Act as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing incidental take permits for threatened and endangered species, respectively, are found in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32. The applicant is seeking a permit for take of the Delhi Sands flower-loving fly during the life of the permit. This species is referred to as the ‘‘DSF’’ in the proposed HCP. The applicant proposes to construct a new mainline track segment on 1.72 acres of land located east of Pepper Avenue in the City of Colton, California. The purpose of constructing this new mainline segment is to reduce the curve angle of the track to increase the speed and safety for trains moving through E:\FR\FM\07JNN1.SGM 07JNN1 rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 72, No. 109 / Thursday, June 7, 2007 / Notices this area. We anticipate that all DSF would be lost within the 1.72 acres of DSF-occupied habitat. The project site does not contain any other rare, threatened or endangered species or habitat. No critical habitat for any listed species occurs on the project site. The applicant proposes to mitigate the effects to the DSF associated with the covered activities by fully implementing the HCP. The purpose of the proposed HCP’s conservation program is to promote the biological conservation of the DSF. UPRR proposes to mitigate impacts to the DSF through purchase of 3 acres of credit within the Colton Dunes Conservation Bank in the City of Colton, San Bernardino County, California. The Proposed Action consists of the issuance of an incidental take permit and implementation of the proposed HCP, which includes measures to mitigate impacts of the project on the DSF. Two alternatives to the taking of the listed species under the Proposed Action are considered in the proposed HCP. Under the Curve Reduction Alternative, additional incidental take of DSF would be authorized and additional construction would be required. Under the No Action Alternative, no permit would be issued, and no construction would occur. The Service has made a preliminary determination that approval of the proposed HCP qualifies as a categorical exclusion under NEPA, as provided by the Department of the Interior Manual (516 DM 2 Appendix 1 and 516 DM 6 Appendix 1) and as a ‘‘low-effect’’ plan as defined by the Habitat Conservation Planning Handbook (November 1996). Determination of Low-effect Habitat Conservation Plans is based on the following three criteria: (1) Implementation of the proposed HCP would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats; (2) Implementation of the proposed HCP would result in minor or negligible effects on other environmental values or resources; and (3) Impacts of the proposed 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 which would be considered significant. Based upon this preliminary determination, we do not intend to prepare further NEPA documentation. We will consider public comments in making the final determination on whether to prepare such additional documentation. VerDate Aug<31>2005 20:59 Jun 06, 2007 Jkt 211001 Before including your address, phone number, e-mail 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 can 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. This notice is provided pursuant to section 10(c) of the Act. We will evaluate the permit application, the proposed HCP, and comments submitted thereon to determine whether the application meets the requirements of section 10 (a) of the Act. If the requirements are met, we will issue a permit to the Union Pacific Railroad for the incidental take of the Delhi Sands flower-loving fly from double tracking and rail and drainage improvements in the City of Colton, San Bernardino County, California. Dated: June 1, 2007. Jim A. Bartel, Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, California. [FR Doc. E7–10975 Filed 6–6–07; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Proposed Low Effect Habitat Conservation Plan for the Lytle Creek Turnout, County of San Bernardino, CA AGENCY: Fish and Wildlife Service, Interior. Notice of availability. ACTION: SUMMARY: The West Valley Water District (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 2-year incidental take permit for one covered species pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The application addresses the potential for ‘‘take’’ of the endangered San Bernardino kangaroo rat (Dipodomys Merriami parvus) associated with the proposed pipeline improvement and extension project of the City of Rialto and unincorporated San Bernardino County, California. A conservation program to minimize and mitigate for the project activities would be implemented as described in the proposed Lytle Creek Turnout Low Effect Habitat Conservation Plan (proposed HCP), which would be implemented by the applicant. PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 31603 We are requesting comments on the permit application and on the preliminary determination that the proposed HCP qualifies as a ‘‘Loweffect’’ Habitat Conservation Plan, eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. The basis for this determination is discussed in the Environmental Action Statement (EAS) and the associated Low Effect Screening Form, which are also available for public review. DATES: Written comments should be received on or before July 9, 2007. ADDRESSES: Comments should be addressed to the Field Supervisor, Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California 92011. Written comments may be sent by facsimile to (760) 918–0638. FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES); telephone: (760) 431–9440. SUPPLEMENTARY INFORMATION: Availability of Documents Individuals wishing copies of the application, proposed HCP, and EAS should immediately contact the Service by telephone at (760) 431–9440 or by letter to the Carlsbad Fish and Wildlife Office. Copies of the proposed HCP and EAS also are available for public inspection during regular business hours at the Carlsbad Fish and Wildlife Office (see ADDRESSES). Background Section 9 of the Act and its implementing Federal regulations prohibit the take of animal species listed as endangered or threatened. Take is defined under the Act as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect listed animal species, or attempt to engage in such conduct (16 U.S.C. 1538). However, under section 10(a) of the Act, the Service may issue permits to authorize incidental take of listed species. ‘‘Incidental take’’ is defined by the Act as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity. Regulations governing incidental take permits for threatened and endangered species, respectively, are found in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32. The applicant is seeking a permit for take of the San Bernardino kangaroo rat during the life of the permit. This species is referred to as the ‘‘SBKR’’ in the proposed HCP. E:\FR\FM\07JNN1.SGM 07JNN1

Agencies

[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Notices]
[Pages 31602-31603]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10975]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Proposed Low Effect Habitat Conservation Plan for the Union 
Pacific Railroad Alhambra Subdivision, City of Colton, County of San 
Bernardino, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: Union Pacific Railroad (applicant) has applied to the U.S. 
Fish and Wildlife Service (Service) for a 5-year incidental take permit 
for one covered species pursuant to section 10(a)(1)(B) of the 
Endangered Species Act of 1973, as amended (Act). The application 
addresses the potential for ``take'' of the endangered Delhi Sands 
flower-loving fly (Rhaphiomidas terminatus abdominalis) associated with 
the proposed double-tracking and rail and drainage improvements in the 
City of Colton, San Bernardino County, California. A conservation 
program to mitigate for the project activities would be implemented as 
described in the proposed Union Pacific Railroad Alhambra Subdivision 
Project Low Effect Habitat Conservation Plan (proposed HCP), which 
would be implemented by the applicant.
    We are requesting comments on the permit application and on the 
preliminary determination that the proposed HCP qualifies as a ``Low-
effect'' Habitat Conservation Plan, eligible for a categorical 
exclusion under the National Environmental Policy Act (NEPA) of 1969, 
as amended. The basis for this determination is discussed in the 
Environmental Action Statement (EAS) and the associated Low Effect 
Screening Form, which are also available for public review.

DATES: Written comments should be received on or before July 9, 2007.

ADDRESSES: Comments should be addressed to the Field Supervisor, Fish 
and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden 
Valley Road, Carlsbad, California 92011. Written comments may be sent 
by facsimile to (760) 918-0638.

FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field 
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES); 
telephone: (760) 431-9440.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Individuals wishing copies of the application, proposed HCP, and 
EAS should immediately contact the Service by telephone at (760) 431-
9440 or by letter to the Carlsbad Fish and Wildlife Office. Copies of 
the proposed HCP and EAS also are available for public inspection 
during regular business hours at the Carlsbad Fish and Wildlife Office 
[see ADDRESSES].

Background

    Section 9 of the Act and its implementing Federal regulations 
prohibit the take of animal species listed as endangered or threatened. 
Take is defined under the Act as to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture or collect listed animal species, or attempt 
to engage in such conduct (16 U.S.C. 1538). However, under section 
10(a) of the Act, the Service may issue permits to authorize incidental 
take of listed species. ``Incidental take'' is defined by the Act as 
take that is incidental to, and not the purpose of, carrying out an 
otherwise lawful activity. Regulations governing incidental take 
permits for threatened and endangered species, respectively, are found 
in the Code of Federal Regulations at 50 CFR 17.22 and 50 CFR 17.32.
    The applicant is seeking a permit for take of the Delhi Sands 
flower-loving fly during the life of the permit. This species is 
referred to as the ``DSF'' in the proposed HCP.
    The applicant proposes to construct a new mainline track segment on 
1.72 acres of land located east of Pepper Avenue in the City of Colton, 
California. The purpose of constructing this new mainline segment is to 
reduce the curve angle of the track to increase the speed and safety 
for trains moving through

[[Page 31603]]

this area. We anticipate that all DSF would be lost within the 1.72 
acres of DSF-occupied habitat. The project site does not contain any 
other rare, threatened or endangered species or habitat. No critical 
habitat for any listed species occurs on the project site.
    The applicant proposes to mitigate the effects to the DSF 
associated with the covered activities by fully implementing the HCP. 
The purpose of the proposed HCP's conservation program is to promote 
the biological conservation of the DSF. UPRR proposes to mitigate 
impacts to the DSF through purchase of 3 acres of credit within the 
Colton Dunes Conservation Bank in the City of Colton, San Bernardino 
County, California.
    The Proposed Action consists of the issuance of an incidental take 
permit and implementation of the proposed HCP, which includes measures 
to mitigate impacts of the project on the DSF. Two alternatives to the 
taking of the listed species under the Proposed Action are considered 
in the proposed HCP. Under the Curve Reduction Alternative, additional 
incidental take of DSF would be authorized and additional construction 
would be required. Under the No Action Alternative, no permit would be 
issued, and no construction would occur.
    The Service has made a preliminary determination that approval of 
the proposed HCP qualifies as a categorical exclusion under NEPA, as 
provided by the Department of the Interior Manual (516 DM 2 Appendix 1 
and 516 DM 6 Appendix 1) and as a ``low-effect'' plan as defined by the 
Habitat Conservation Planning Handbook (November 1996). Determination 
of Low-effect Habitat Conservation Plans is based on the following 
three criteria: (1) Implementation of the proposed HCP would result in 
minor or negligible effects on federally listed, proposed, and 
candidate species and their habitats; (2) Implementation of the 
proposed HCP would result in minor or negligible effects on other 
environmental values or resources; and (3) Impacts of the proposed 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 
which would be considered significant.
    Based upon this preliminary determination, we do not intend to 
prepare further NEPA documentation. We will consider public comments in 
making the final determination on whether to prepare such additional 
documentation.
    Before including your address, phone number, e-mail 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 can 
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.
    This notice is provided pursuant to section 10(c) of the Act. We 
will evaluate the permit application, the proposed HCP, and comments 
submitted thereon to determine whether the application meets the 
requirements of section 10 (a) of the Act. If the requirements are met, 
we will issue a permit to the Union Pacific Railroad for the incidental 
take of the Delhi Sands flower-loving fly from double tracking and rail 
and drainage improvements in the City of Colton, San Bernardino County, 
California.

     Dated: June 1, 2007.
Jim A. Bartel,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
 [FR Doc. E7-10975 Filed 6-6-07; 8:45 am]
BILLING CODE 4310-55-P
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