Proposed Low Effect Habitat Conservation Plan for the Jurupa Avenue Road Widening Project, City of Fontana, County of San Bernardino, CA, 37040-37041 [E7-13129]

Download as PDF 37040 Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Notices Sea polar bear population in Canada for personal, noncommercial use. Applicant: Raymond T. Cuppy, Souderton, PA, PRT–156394. 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: June 8, 2007. Lisa J. Lierheimer, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E7–13063 Filed 7–5–07; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Proposed Low Effect Habitat Conservation Plan for the Jurupa Avenue Road Widening Project, City of Fontana, County of San Bernardino, CA Fish and Wildlife Service, Interior. ACTION: Notice of availability. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: The City of Fontana (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 3year 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 widening of Jurupa Avenue between Sierra and Tamarind avenues in the City of Fontana, San Bernardino County, California. A conservation program to mitigate for the project activities would be implemented as described in the proposed Jurupa Avenue Widening 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 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 August 6, 2007. VerDate Aug<31>2005 17:16 Jul 05, 2007 Jkt 211001 Comments should be addressed to the Field Supervisor, Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, CA 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: ADDRESSES: Availability of Documents Individuals wishing copies of the 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 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 widen Jurupa Avenue between Sierra and Tamarind avenues in the City of Fontana, San Bernardino County, California. The proposed project would impact 4.7 acres of land, of which less than 1 acre is likely occupied by the DSF. We anticipate that all DSF within the project site would be lost during project construction. 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 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 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. The applicant proposes to mitigate impacts to the DSF through purchase of 1 acre 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. One alternative to the taking of the listed species under the Proposed Action is considered in the proposed HCP. Under the No Action Alternative, no permit would be issued, and no construction or conservation 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. E:\FR\FM\06JYN1.SGM 06JYN1 Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Notices 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 City of Fontana for the incidental take of the Delhi Sands flower-loving fly from widening of Jurupa Avenue between Sierra and Tamarind Avenues in the City of Fontana, San Bernardino County, California. Dated: June 29, 2007. Jim A. Bartel, Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, California. [FR Doc. E7–13129 Filed 7–5–07; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability, Final Restoration Plan U.S. Fish and Wildlife Service, Department of the Interior. ACTION: Notice of availability. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: The U.S. Fish and Wildlife Service (Service), on behalf of the Department of the Interior (DOI), as the sole natural resource trustee, announces the release of the Final Restoration Plan (RP) for the Cortese Landfill Superfund Site (Site). As a result of remedial activities and off-Site migration of Siterelated contaminants, 1.6 acres of wetlands were destroyed and/or degraded. Adversely affected natural resources include waterfowl, wading birds, hawks, woodpeckers, swallows, migratory songbirds, invertebrates, reptiles, and amphibians. In addition, the section of the Upper Delaware River watershed near the Site hosts the largest population of wintering bald eagles in the Northeast. An embayment of the Delaware River adjacent to the Site provides feeding and/or spawning habitat for forage fish, American shad, striped bass, and American eel. the funds available from this settlement for restoration activities total approximately $85,000. The restoration project selected for implementation in the Final RP involves wet meadow/wetland restoration and protection. The Final RP presents the preferred alternative consisting of a restoration project that compensates for injuries to natural resources caused by contaminant releases and remedial activities associated with the Site. VerDate Aug<31>2005 17:16 Jul 05, 2007 Jkt 211001 Requests for copies of the RP may be made to: U.S. Fish and Wildlife Service, New York Field Office, 3817 Luker road, Cortland, New York 13045. FOR FURTHER INFORMATION CONTACT: Ken Karwowski, Environmental Contaminants Program, U.S. Fish and Wildlife Service, New York Field Office, 3817 Luker Road, Cortland, New York 13045. Interested parties may also contact Mr. Karwowski by telephone at 607–753–9334 or by electronic mail at the following address: Ken_Karwowski@fws.gov for further information. SUPPLEMENTARY INFORMATION: In May 1996, a natural resource damage settlement was achieved for the Cortese Landfill Superfund Site. The Service, on behalf of the DOI, was the sole settling natural resource Trustee. The funds available from the settlement for restoration activities total approximately $85,000. The RP is being released in accordance with the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended, (CERCLA) (42 U.S.C. 9601 et seq.), the Department of the Interior’s Natural Resource Damage Assessment Regulations (43 CFR, part 11), and the National Environmental Policy Act (NEPA) 45 U.S.C. 4371 et seq., and 42 CFR part 1500. The Final RP is intended to describe the Trustee’s selected alternative to restore natural resources injured as a result of the discharge of hazardous substances at or from the Site. Based on an evaluation of various restoration alternatives, the preferred alternative consists of a restoration project involving wet meadow/wetland restoration and protection. Interested members of the public are invited to review the RP. Copies of the RP are available for review at the Service’s New York Field Office at 3817 Luker Road, Cortland, New York. Additionally, the RP will be available for review at the following Web site link (https://nyfo.fws.gov/ec/CorteseFRP.pdf). Written comments on the Draft RP were considered and addressed in the Final RP. Author: The primary author of this notice is Ken Karwowski, U.S. Fish and Wildlife Service, New York Field Office, 3817 Luker Road, Cortland, New York 13045. ADDRESSES: Authority: The authority for this action is the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, (CERCLA) (42 U.S.C. 9601 et seq.), and the Department of the Interior’s Natural Resource Damage Assessment Regulations found at 43 CFR, part 11. PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 37041 Dated: April 20, 2007. Thomas J. Healy, Acting Regional Director, Region 5, U.S. Fish and Wildlife Service, U.S. Department of the Interior, DOI Authorized Official. [FR Doc. 07–3282 Filed 7–5–07; 8:45 am] BILLING CODE 4310–55–M DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Lake Umbagog National Wildlife Refuge Fish and Wildlife Service, Interior. ACTION: Notice of availability of draft comprehensive conservation plan and environmental impact statement for Lake Umbagog National Wildlife Refuge; request for comments. AGENCY: SUMMARY: The Fish and Wildlife Service (Service) announces the availability for review of the Draft Comprehensive Conservation Plan and Environmental Impact Statement for Lake Umbagog National Wildlife Refuge (NWR). The Service prepared the Draft CCP/EIS in compliance with the National Environmental Policy Act of 1969 and the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997. We request public comments. DATES: The Draft CCP/EIS will be available for public review and comment until close of business on August 20, 2007. ADDRESSES: You may obtain copies of the draft CCP/EIS on compact diskette or in print by writing to Nancy McGarigal, Refuge Planner, U.S. Fish and Wildlife Service, 300 Westgate Center Drive, Hadley, Massachusetts 01035, or by electronic mail at northeastplanning@fws.gov. You may also view the draft on the Web at https:// library.fws.gov/ccps.htm. We plan to host public meetings in Errol, Berlin, and Concord, New Hampshire, and in Bethel and Augusta, Maine. We will post the details of each meeting approximately 2 weeks in advance, via our project mailing list, in local papers, and at the refuge. FOR FURTHER INFORMATION CONTACT: For more information, or to get on the project mailing list, contact Nancy McGarigal, Refuge Planner, at the address above, by telephone at 413– 253–8562, by fax at 413–253–8468, or by e-mail at Nancy_McGarigal@fws.gov. SUPPLEMENTARY INFORMATION: The National Wildlife Refuge System Administration Act of 1966, as amended E:\FR\FM\06JYN1.SGM 06JYN1

Agencies

[Federal Register Volume 72, Number 129 (Friday, July 6, 2007)]
[Notices]
[Pages 37040-37041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13129]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Proposed Low Effect Habitat Conservation Plan for the Jurupa 
Avenue Road Widening Project, City of Fontana, County of San 
Bernardino, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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

SUMMARY: The City of Fontana (applicant) has applied to the U.S. Fish 
and Wildlife Service (Service) for a 3-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 
widening of Jurupa Avenue between Sierra and Tamarind avenues in the 
City of Fontana, San Bernardino County, California. A conservation 
program to mitigate for the project activities would be implemented as 
described in the proposed Jurupa Avenue Widening 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 August 6, 2007.

ADDRESSES: Comments should be addressed to the Field Supervisor, Fish 
and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden 
Valley Road, Carlsbad, CA 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 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 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 widen Jurupa Avenue between Sierra and 
Tamarind avenues in the City of Fontana, San Bernardino County, 
California. The proposed project would impact 4.7 acres of land, of 
which less than 1 acre is likely occupied by the DSF. We anticipate 
that all DSF within the project site would be lost during project 
construction. 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. The applicant proposes to 
mitigate impacts to the DSF through purchase of 1 acre 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. One alternative to the 
taking of the listed species under the Proposed Action is considered in 
the proposed HCP. Under the No Action Alternative, no permit would be 
issued, and no construction or conservation 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.

[[Page 37041]]

    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 City of Fontana for the incidental take 
of the Delhi Sands flower-loving fly from widening of Jurupa Avenue 
between Sierra and Tamarind Avenues in the City of Fontana, San 
Bernardino County, California.

    Dated: June 29, 2007.
Jim A. Bartel,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. E7-13129 Filed 7-5-07; 8:45 am]
BILLING CODE 4310-55-P

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