[Federal Register Volume 60, Number 156 (Monday, August 14, 1995)]
[Notices]
[Page 41897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19993]



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

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service


Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for the Endangered Delhi 
Sands Flower-Loving Fly for the Proposed Colton Transmission Line and 
Substation Project in the City of Colton, San Bernardino County, 
California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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

SUMMARY: The U.S. Fish and Wildlife Service (Service) has under 
consideration a proposal to issue a 10-year permit under Section 
10(a)(1)(B) of the Endangered Species Act (ESA) that would authorize 
incidental taking of the endangered Delhi Sands flower-loving fly 
(Rhaphiomidas terminatus abdominalis). The applicant for this 
incidental take permit is the City of Colton, California. The 
application is accompanied by a proposed Habitat Conservation Plan 
(HCP) for the Delhi Sands flower-loving fly and an Implementing 
Agreement. In response to the permit application and the accompanying 
proposal, an Environmental Assessment (EA) has been prepared pursuant 
to the National Environmental Policy Act (NEPA). This notice is 
provided pursuant to section 10 of the ESA and NEPA regulations (40 CFR 
1506.6).
    The Service will evaluate the application, associated documents, 
and comments submitted thereon to determine whether the application 
meets the requirements of NEPA regulations and section 10(a) of the 
ESA. If it is determined that the requirements are met, a permit will 
be issued for the incidental take of the Delhi Sands flower-loving fly. 
The final NEPA and permit determination will be made no sooner than 30 
days from the date of this notice. This notice describes the currently 
proposed action and alternatives, and solicits comments on the complete 
permit application, as well as the issues and alternatives raised in 
the EA. All comments received, including names and addresses, will 
become part of the official administrative record and may be made 
available to the public.

DATES: Written comments related to the Service's EA and the City of 
Colton's permit application, HCP, and IA, should be received by the 
Service on or before September 13, 1995.

ADDRESSES: Information, comments, or questions regarding the EA, permit 
application, HCP, and IA, should be submitted to Mr. Gail Kobetich, 
Field Supervisor, U.S. Fish and Wildlife Service, 2730 Loker Avenue 
West, Carlsbad, California 92008. Written comments also may be sent by 
facsimile to (619) 431-9618.

FOR FURTHER INFORMATION CONTACT: Mr. Pete Sorensen, Assistant Field 
Supervisor, at the above Carlsbad address, telephone (619) 431-9440. 
Individuals wishing copies of the EA, HCP, IA, and/or permit 
application should immediately contact Mr. Sorenson. Persons wishing to 
review background material may obtain it by contacting the City of 
Colton, telephone (909) 370-5079. Documents also will be available for 
public inspection by appointment during normal business hours (8 am to 
5 pm, Monday through Friday) at the Service's Carlsbad Field Office 
(see ADDRESSES section above).

SUPPLEMENTARY INFORMATION: The Service listed the Delhi Sands flower-
loving fly as an endangered species on September 23, 1993 (58 FR 
49881). As an endangered species, the Delhi Sands flower-loving fly is 
protected pursuant to Section 9 of the ESA against take; that is, no 
one may harass, harm, pursue, hunt, shoot, wound, kill, trap, capture 
or collect the species, or attempt to engage in such conduct (16 USC 
1538). However, under certain circumstances, the Service may issue 
permits to take endangered wildlife species incidental to, and not the 
purpose of, otherwise lawful activities. Regulations governing permits 
for endangered species are at 50 CFR 17.22.
    The City of Colton proposes to construct a transmission line and 
substation project located in the City of Colton, in San Bernardino 
County. The proposed project is partially located in undeveloped areas 
that are either known to support the endangered Delhi Sands flower-
loving fly or are considered suitable habitat for the species. Pole 
placement, and construction of the substation and a portion of the 
access road, would result in the permanent loss of 2.4 acres of 
suitable Delhi Sands flower-loving fly habitat. In addition, 
construction of the transmission line, underground distribution line, 
and portions of the substation and access road would result in the 
temporary disturbance of 2.2 acres of occupied and potential habitat. 
Operation and maintenance activities of the proposed substation and 
transmission lines (e.g., driving to and from the facility and 
regularly scheduled cleaning of the transmission lines) also may result 
in additional take of endangered species remaining on or adjacent to 
the proposed project site.
    Two listed plant species, Santa Ana River woolly-star (Eriastrum 
densifolium ssp. sanctorum) and slender-horned spineflower (Dodecahema 
leptoceras), are known to occur within or near the proposed 
transmission line and substation. Although no incidental take 
authorization is required for listed plant species, impacts to these 
species must be addressed in the intra-Service consultation required 
pursuant to section 7(a) of the ESA.
    The City of Colton proposes to mitigate for this incidental take by 
implementing several on-site and off-site mitigation measures. Such 
measures include: off-site acquisition and management of 7.5 acres; 
funding a $66,250 endowment for maintenance and enhancement of the 7.5-
acre site; conducting pre-construction surveys in occupied Delhi Sands 
flower-loving fly habitat to determine pole placement and access routes 
that avoid and minimize direct impacts to the species; conducting pre-
construction surveys to determine pole placement and access routes that 
avoid impacts to listed plant species; and restoration of temporary 
disturbance areas, and various additional on-site measures to be 
undertaken during construction and operation of their facility.
    In addition to the proposed project and no project alternatives, 
the City of Colton considered six other alternative sites for the 
substation with different routes for the transmission lines. 
Alternative sites and routes were rejected for the following reasons: 
Site drainage characteristics; earthwork requirements; distance from 
electrical load centers; flood potential; poor access; and/or high 
visibility impacts. Selection of a new alternative site would delay 
start-up of the San Bernardino County hospital indefinitely and would 
be financially infeasible for the project applicant.

    Dated: August 3, 1995.
Thomas Dwyer,
Deputy Regional Director, Region 1, Portland, Oregon.
[FR Doc. 95-19993 Filed 8-11-95; 8:45 am]
BILLING CODE 4310-55-P