Incidental Take Permit; San Bernardino County, CA; Proposed Habitat Conservation Plan, Draft Implementing Agreement, and Draft Environmental Assessment, 29260-29261 [2011-12413]
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29260
Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Notices
jlentini on DSK4TPTVN1PROD with NOTICES
Selected Alternative
Based on input and feedback during
the planning process, alternative 4 was
selected as the preferred alternative. The
alternative maintains a mixture of
woodland, wetland, and grassland
habitats, with an emphasis on
increasing native habitats such as
prairie and wet meadow. Moist soil
management would continue, and there
would be additional study on methods
for increasing the amount of native
foods for waterfowl within a 2,100-acre
reservoir on the Refuge. The alternative
also calls for measuring Refuge water
needs, identifying source water, and
working with others to address
watershed issues, including water
quality and flooding. Monitoring
migratory birds and threatened and
endangered species would inform
management actions to benefit these
species. The introduction of duck
hunting and small game hunting would
add to existing wildlife-dependent
recreation opportunities available on the
Refuge.
Background
The National Wildlife Refuge System
Administration Act of 1966, as amended
by the National Wildlife Refuge System
Improvement Act of 1997 (16 U.S.C.
668dd–668ee et seq.), requires the
Service to develop a CCP for each
National Wildlife Refuge. The purpose
in developing a CCP is to provide refuge
managers with a 15-year strategy for
achieving refuge purposes and
contributing toward the mission of the
National Wildlife Refuge System,
consistent with sound principles of fish
and wildlife management, conservation,
legal mandates, and Service policies. In
addition to outlining broad management
direction for conserving wildlife and
their habitats, the CCP identifies
wildlife-dependent recreational
opportunities available to the public,
including opportunities for hunting,
fishing, wildlife observation and
photography, and environmental
education and interpretation.
We will review and update the CCP
at least every 15 years in accordance
with the National Wildlife Refuge
System Administration Act of 1966, as
amended by the National Wildlife
Refuge System Improvement Act of
1997, and the National Environmental
Policy Act of 1969 (42 U.S.C. 4321–
4370d).
Dated: February 24, 2011.
Charles M. Wooley,
Acting Regional Director, U.S. Fish and
Wildlife Service, Fort Snelling, Minnesota.
[FR Doc. 2011–12411 Filed 5–19–11; 8:45 am]
BILLING CODE 4310–55–P
VerDate Mar<15>2010
17:22 May 19, 2011
Jkt 223001
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2011–N062; 80221–1112–
0000–F2]
Incidental Take Permit; San Bernardino
County, CA; Proposed Habitat
Conservation Plan, Draft Implementing
Agreement, and Draft Environmental
Assessment
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), have received
an application from Kinder Morgan
Energy Partners, L.P. (Applicant), for an
incidental take permit under the
Endangered Species Act of 1973 (Act),
as amended. We are considering issuing
a 25-year permit to the Applicant that
would authorize incidental take of the
endangered Delhi Sands flower-loving
fly incidental to activities related to
operations and maintenance of storage
and distribution facilities for petroleum
products within the Colton and Colton
North Terminals, and with habitat
restoration and management on a
proposed on-site conservation area
located in the cities of Rialto and
Colton, San Bernardino County,
California. We request public comment
on the proposed HCP, draft
Implementing Agreement, and draft
Environmental Assessment for the
Applicant’s proposed activities.
DATES: Send written comments on or
before July 19, 2011.
ADDRESSES: Please send written
comments to Jim Bartel, Field
Supervisor, U.S. Fish and Wildlife
Service, Carlsbad Fish and Wildlife
Office, 6010 Hidden Valley Road, Suite
101, Carlsbad, CA 92011.You also may
send comments by facsimile to (760)
431–5902.
FOR FURTHER INFORMATION CONTACT: Ken
Corey, Assistant Field Supervisor, at the
Carlsbad Fish and Wildlife Office
address above; telephone (760) 431–
9440.
SUMMARY:
We have
received an application from Kinder
Morgan Energy Partners, L.P.
(Applicant), for an incidental take
permit under the Endangered Species
Act of 1973 (Act), as amended. We are
considering issuing a 25-year permit to
the Applicant that would authorize take
of the endangered Delhi Sands flowerloving fly (Rhaphiomidas terminatus
abdominalis) incidental to activities
described in the Applicant’s proposed
Habitat Conservation Plan (HCP). The
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
permit, if issued, would authorize
incidental take of the species associated
with proposed site preparation, future
construction, and routine operations
and maintenance of storage and
distribution facilities for petroleum
products on approximately 20 acres (ac)
(8 hectares (ha)) within the Colton and
Colton North Terminals, and with
habitat restoration and management on
a proposed approximately 20-ac (8-ha)
on-site conservation area, located in the
cities of Rialto and Colton, San
Bernardino County, California.
Availability of Documents
Documents available for public
review include the Applicant’s permit
application, proposed HCP, and
accompanying draft Implementing
Agreement, and the Service’s draft
Environmental Assessment.
For copies of the documents, please
contact us by telephone at (760) 431–
9440, or by letter to the Carlsbad Fish
and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT). Copies are also
available for public review, by
appointment, during regular business
hours at the Carlsbad Fish and Wildlife
Office.
Background
Section 9 of the Act and Federal
regulations prohibit the ‘‘take’’ of fish
and wildlife species Federally listed as
endangered or threatened. Take of
Federally listed fish or 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). To ‘‘harass’’ includes the
carrying out of an intentional or
negligent act or omission that creates
the likelihood of injury to wildlife by
annoying it to such an extent as to
significantly disrupt normal behavioral
patterns such as breeding, feeding, or
sheltering (50 CFR 17.3). Under limited
circumstances, we may issue permits to
authorize incidental take, 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
found in the Code of Federal
Regulations (CFR) at 50 CFR 17.32 and
17.22, respectively. The incidental take
permit, if issued, would confer
assurances to the Applicant regarding
the endangered Delhi Sands flower-
E:\FR\FM\20MYN1.SGM
20MYN1
Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Notices
loving fly under the Service’s ‘‘No
Surprises’’ regulation at 50 CFR
17.22(b)(5). Take authorization for the
Delhi Sands flower-loving fly would
become effective upon permit issuance.
Project Location
The Applicant is proposing site
preparation (vegetation clearing and
grading), future construction, and
routine operations and maintenance of
storage and distribution facilities for
petroleum products on approximately
20 ac (8 ha) within the existing Colton
and Colton North Terminals and their
respective pipeline easements in San
Bernardino County, California. The
Colton Terminal is located in Rialto and
Colton, on the east side of Riverside
Avenue, south of Slover Avenue, and
north of Santa Ana Avenue. The Colton
North Terminal is located in Colton, on
the east side of Sycamore Avenue, and
north and south of Slover Avenue. The
pipeline easements for the terminals
traverse the cities of Ontario, Fontana,
Rialto, and Colton, from the western end
of Ontario International Airport to the
Santa Ana River. Land uses surrounding
the terminals include petroleum
facilities, city streets, vacant lands, a
flood control channel (Rialto Creek),
and the Colton Dunes Conservation
Bank (operated by Vulcan Materials
Company as a conservation bank for the
Delhi Sands flower-loving fly).
jlentini on DSK4TPTVN1PROD with NOTICES
Project Information
The Applicant is proposing a variety
of projects located both on and off the
terminals. These projects are as follows:
(1) Clearance of all vegetation for
future developments on several of the
vacant parcels located on the Colton and
Colton North Terminals.
(2) Construction of the Calnev
Expansion Project, a new 16-inch- (41centimeter-) diameter multiple-product
pipeline in Colton. This project also
includes the construction of a new
electrical transmission line located just
east of the Colton North Terminal.
(3) Future development of
approximately 6.19 ac (2.5 ha) in the
westernmost area of the Sycamore North
Parcel.
(4) Routine operations and
maintenance of all facilities, including
excavations, inspections, and repairs to
all the Applicant’s pipelines and
facilities located within the species’
habitat. The combined total length of
pipeline to be covered under the permit
would be approximately 26 miles.
(5) Inspection, repair (if necessary),
and permanent reburial of the exposed
portion of Line Section 111, which is
located on lands owned by Union
VerDate Mar<15>2010
17:22 May 19, 2011
Jkt 223001
Pacific east of the Colton North
Terminal.
(6) The placement of Southern
California Edison (SCE) substation
facilities (i.e., electrical transmission
line tower, access roads, etc.) off site,
within lands owned by the Union
Pacific Railroad Company, just outside
the northeastern boundary of the Colton
North Terminal.
Based on the results of focused
surveys, we consider undeveloped
portions of the proposed project area,
which contain habitat of varying
suitability, as occupied by the Delhi
Sands flower-loving fly. Therefore, we
have determined that the Applicant’s
proposed activities would result in
incidental take of the Delhi Sands
flower-loving fly. No other Federally
listed species are known to occupy the
site.
To minimize and mitigate incidental
take of the Delhi Sands flower-loving fly
within the project area, the Applicant
proposes to set aside approximately 20
ac (8 ha) as a permanent, on-site
conservation area. The Applicant would
fund the restoration and management of
the conservation area for the Delhi
Sands flower-loving fly through an
agreement with the Riverside Land
Conservancy, a nonprofit land trust.
National Environmental Policy Act
We have prepared the draft
Environmental Assessment under the
National Environmental Policy Act, as
amended (NEPA; 42 U.S.C. 4321 et
seq.), to analyze the impacts of
authorizing incidental take of the Delhi
Sands flower-loving fly, based on the
Applicant’s application for an
incidental take permit and the proposed
HCP included with the application. The
proposed HCP describes the Applicant’s
proposed development activities and
the measures the Applicant will
undertake to minimize and mitigate the
effects of incidental take to the
maximum extent practicable. The
proposed issuance of an incidental take
permit is a Federal action requiring
Service compliance with NEPA and its
implementing regulations at 40 CFR
1506.6. Our draft Environmental
Assessment analyzes the environmental
consequences of three alternatives: (1)
The ‘‘Proposed Action,’’ which would
result in Service issuance of an
incidental take permit and
implementation of the Applicant’s
proposed HCP; (2) an ‘‘Other
Compensation Lands’’ alternative, which
would involve permit issuance and
implementation of a HCP based on the
purchase of credits at the Colton Dunes
Conservation Bank; and (3) a ‘‘No
Action’’ alternative, which would not
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
29261
involve Service issuance of an
incidental take permit or the
Applicant’s implementation of a HCP,
would not result in impacts to the Delhi
Sands flower-loving fly, and would not
establish any additional conservation.
Public Review
We invite the public to comment on
the proposed HCP, draft Implementing
Agreement, and draft Environmental
Assessment during our 60-day comment
period (see DATES). Please direct
comments to the Service contact listed
in the ADDRESSES section, and any
questions to the Service contact listed in
the FOR FURTHER INFORMATION CONTACT
section. 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 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.
Next Steps
We provide this notice under section
10(a) of the Act and Service regulations
for implementing NEPA. We will
evaluate the application, associated
documents, and any public comments
we receive to determine whether the
application meets the requirements of
NEPA regulations and section 10(a) of
the Act. If we determine that those
requirements are met, we will issue a
permit to the Applicant for the
incidental take of Delhi Sands flowerloving fly. We will make our final
permit decision no sooner than 60 days
after the date of this notice.
Michael Fris,
Acting Regional Director, Pacific Southwest
Region, Sacramento, California.
[FR Doc. 2011–12413 Filed 5–19–11; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Notice of Intent To Prepare an
Environmental Impact Statement for
the Proposed Campo Wind Energy
Project, San Diego County, CA
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice advises the public
that the Bureau of Indian Affairs (BIA)
as lead agency, with the Campo Band of
SUMMARY:
E:\FR\FM\20MYN1.SGM
20MYN1
]]>Agencies
[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Notices]
[Pages 29260-29261]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12413]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2011-N062; 80221-1112-0000-F2]
Incidental Take Permit; San Bernardino County, CA; Proposed
Habitat Conservation Plan, Draft Implementing Agreement, and Draft
Environmental Assessment
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have
received an application from Kinder Morgan Energy Partners, L.P.
(Applicant), for an incidental take permit under the Endangered Species
Act of 1973 (Act), as amended. We are considering issuing a 25-year
permit to the Applicant that would authorize incidental take of the
endangered Delhi Sands flower-loving fly incidental to activities
related to operations and maintenance of storage and distribution
facilities for petroleum products within the Colton and Colton North
Terminals, and with habitat restoration and management on a proposed
on-site conservation area located in the cities of Rialto and Colton,
San Bernardino County, California. We request public comment on the
proposed HCP, draft Implementing Agreement, and draft Environmental
Assessment for the Applicant's proposed activities.
DATES: Send written comments on or before July 19, 2011.
ADDRESSES: Please send written comments to Jim Bartel, Field
Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife
Office, 6010 Hidden Valley Road, Suite 101, Carlsbad, CA 92011.You also
may send comments by facsimile to (760) 431-5902.
FOR FURTHER INFORMATION CONTACT: Ken Corey, Assistant Field Supervisor,
at the Carlsbad Fish and Wildlife Office address above; telephone (760)
431-9440.
SUPPLEMENTARY INFORMATION: We have received an application from Kinder
Morgan Energy Partners, L.P. (Applicant), for an incidental take permit
under the Endangered Species Act of 1973 (Act), as amended. We are
considering issuing a 25-year permit to the Applicant that would
authorize take of the endangered Delhi Sands flower-loving fly
(Rhaphiomidas terminatus abdominalis) incidental to activities
described in the Applicant's proposed Habitat Conservation Plan (HCP).
The permit, if issued, would authorize incidental take of the species
associated with proposed site preparation, future construction, and
routine operations and maintenance of storage and distribution
facilities for petroleum products on approximately 20 acres (ac) (8
hectares (ha)) within the Colton and Colton North Terminals, and with
habitat restoration and management on a proposed approximately 20-ac
(8-ha) on-site conservation area, located in the cities of Rialto and
Colton, San Bernardino County, California.
Availability of Documents
Documents available for public review include the Applicant's
permit application, proposed HCP, and accompanying draft Implementing
Agreement, and the Service's draft Environmental Assessment.
For copies of the documents, please contact us by telephone at
(760) 431-9440, or by letter to the Carlsbad Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT). Copies are also available for
public review, by appointment, during regular business hours at the
Carlsbad Fish and Wildlife Office.
Background
Section 9 of the Act and Federal regulations prohibit the ``take''
of fish and wildlife species Federally listed as endangered or
threatened. Take of Federally listed fish or 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). To ``harass''
includes the carrying out of an intentional or negligent act or
omission that creates the likelihood of injury to wildlife by annoying
it to such an extent as to significantly disrupt normal behavioral
patterns such as breeding, feeding, or sheltering (50 CFR 17.3). Under
limited circumstances, we may issue permits to authorize incidental
take, 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 found in the Code of Federal Regulations (CFR)
at 50 CFR 17.32 and 17.22, respectively. The incidental take permit, if
issued, would confer assurances to the Applicant regarding the
endangered Delhi Sands flower-
[[Page 29261]]
loving fly under the Service's ``No Surprises'' regulation at 50 CFR
17.22(b)(5). Take authorization for the Delhi Sands flower-loving fly
would become effective upon permit issuance.
Project Location
The Applicant is proposing site preparation (vegetation clearing
and grading), future construction, and routine operations and
maintenance of storage and distribution facilities for petroleum
products on approximately 20 ac (8 ha) within the existing Colton and
Colton North Terminals and their respective pipeline easements in San
Bernardino County, California. The Colton Terminal is located in Rialto
and Colton, on the east side of Riverside Avenue, south of Slover
Avenue, and north of Santa Ana Avenue. The Colton North Terminal is
located in Colton, on the east side of Sycamore Avenue, and north and
south of Slover Avenue. The pipeline easements for the terminals
traverse the cities of Ontario, Fontana, Rialto, and Colton, from the
western end of Ontario International Airport to the Santa Ana River.
Land uses surrounding the terminals include petroleum facilities, city
streets, vacant lands, a flood control channel (Rialto Creek), and the
Colton Dunes Conservation Bank (operated by Vulcan Materials Company as
a conservation bank for the Delhi Sands flower-loving fly).
Project Information
The Applicant is proposing a variety of projects located both on
and off the terminals. These projects are as follows:
(1) Clearance of all vegetation for future developments on several
of the vacant parcels located on the Colton and Colton North Terminals.
(2) Construction of the Calnev Expansion Project, a new 16-inch-
(41-centimeter-) diameter multiple-product pipeline in Colton. This
project also includes the construction of a new electrical transmission
line located just east of the Colton North Terminal.
(3) Future development of approximately 6.19 ac (2.5 ha) in the
westernmost area of the Sycamore North Parcel.
(4) Routine operations and maintenance of all facilities, including
excavations, inspections, and repairs to all the Applicant's pipelines
and facilities located within the species' habitat. The combined total
length of pipeline to be covered under the permit would be
approximately 26 miles.
(5) Inspection, repair (if necessary), and permanent reburial of
the exposed portion of Line Section 111, which is located on lands
owned by Union Pacific east of the Colton North Terminal.
(6) The placement of Southern California Edison (SCE) substation
facilities (i.e., electrical transmission line tower, access roads,
etc.) off site, within lands owned by the Union Pacific Railroad
Company, just outside the northeastern boundary of the Colton North
Terminal.
Based on the results of focused surveys, we consider undeveloped
portions of the proposed project area, which contain habitat of varying
suitability, as occupied by the Delhi Sands flower-loving fly.
Therefore, we have determined that the Applicant's proposed activities
would result in incidental take of the Delhi Sands flower-loving fly.
No other Federally listed species are known to occupy the site.
To minimize and mitigate incidental take of the Delhi Sands flower-
loving fly within the project area, the Applicant proposes to set aside
approximately 20 ac (8 ha) as a permanent, on-site conservation area.
The Applicant would fund the restoration and management of the
conservation area for the Delhi Sands flower-loving fly through an
agreement with the Riverside Land Conservancy, a nonprofit land trust.
National Environmental Policy Act
We have prepared the draft Environmental Assessment under the
National Environmental Policy Act, as amended (NEPA; 42 U.S.C. 4321 et
seq.), to analyze the impacts of authorizing incidental take of the
Delhi Sands flower-loving fly, based on the Applicant's application for
an incidental take permit and the proposed HCP included with the
application. The proposed HCP describes the Applicant's proposed
development activities and the measures the Applicant will undertake to
minimize and mitigate the effects of incidental take to the maximum
extent practicable. The proposed issuance of an incidental take permit
is a Federal action requiring Service compliance with NEPA and its
implementing regulations at 40 CFR 1506.6. Our draft Environmental
Assessment analyzes the environmental consequences of three
alternatives: (1) The ``Proposed Action,'' which would result in
Service issuance of an incidental take permit and implementation of the
Applicant's proposed HCP; (2) an ``Other Compensation Lands''
alternative, which would involve permit issuance and implementation of
a HCP based on the purchase of credits at the Colton Dunes Conservation
Bank; and (3) a ``No Action'' alternative, which would not involve
Service issuance of an incidental take permit or the Applicant's
implementation of a HCP, would not result in impacts to the Delhi Sands
flower-loving fly, and would not establish any additional conservation.
Public Review
We invite the public to comment on the proposed HCP, draft
Implementing Agreement, and draft Environmental Assessment during our
60-day comment period (see DATES). Please direct comments to the
Service contact listed in the ADDRESSES section, and any questions to
the Service contact listed in the FOR FURTHER INFORMATION CONTACT
section. 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 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.
Next Steps
We provide this notice under section 10(a) of the Act and Service
regulations for implementing NEPA. We will evaluate the application,
associated documents, and any public comments we receive to determine
whether the application meets the requirements of NEPA regulations and
section 10(a) of the Act. If we determine that those requirements are
met, we will issue a permit to the Applicant for the incidental take of
Delhi Sands flower-loving fly. We will make our final permit decision
no sooner than 60 days after the date of this notice.
Michael Fris,
Acting Regional Director, Pacific Southwest Region, Sacramento,
California.
[FR Doc. 2011-12413 Filed 5-19-11; 8:45 am]
BILLING CODE 4310-55-P
