[Federal Register Volume 62, Number 154 (Monday, August 11, 1997)]
[Notices]
[Pages 43003-43004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21101]
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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 Cantara Residential
Project in the City of Colton, San Bernardino County, California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: The Fish and Wildlife Service has under consideration a
proposal to issue an 8-year permit pursuant to the Endangered Species
Act of 1973, as amended (Act), that would authorize incidental taking
of the endangered Delhi Sands flower-loving fly (Rhaphiomidas
terminatus
[[Page 43004]]
abdominalis). Take would occur during completion of a residential
housing development in the City of Colton, California. The applicant
for this incidental take permit is John Laing Homes (California),
Incorporated. The application includes a Habitat Conservation Plan for
the Delhi Sands flower-loving fly and an Implementing Agreement. The
Implementing Agreement does not include ``No Surprises'' assurances (62
FR 29091). The Habitat Conservation Plan was prepared by the applicant
and does not reflect the view of the Service relative to the site being
occupied by the Delhi Sands flower-loving fly. In response to the
permit application, the Service has prepared an Environmental
Assessment pursuant to the National Environmental Policy Act. This
assessment and the permit application are available for public review
and comment. All comments received, including names and addresses, will
become part of the administrative record and may be made available to
the public.
DATES: Written comments on the Environmental Assessment, Habitat
Conservation Plan, and Implementing Agreement should be received by the
Service on or before September 10, 1997.
ADDRESSES: Comments should be submitted to Mr. Gail Kobetich, Field
Supervisor, Fish and Wildlife Service, 2730 Loker Avenue West,
Carlsbad, California 92008. Written comments also may be sent by
facsimile to (760) 431-9618.
FOR FURTHER INFORMATION CONTACT: Mr. Pete Sorensen, Assistant Field
Supervisor, at the above address, telephone (760) 431-9440.
SUPPLEMENTARY INFORMATION:
Availability of Documents
Individuals wishing copies of the documents should immediately
contact the applicant's consultant, Mr. Larry Munsey, Larry Munsey
International, 15901 Redhill Avenue, Suite 01, Tustin, California
92780, telephone (714) 440-8255. Documents also will be available for
public inspection by appointment during normal business hours (8 a.m.
to 5 p.m., Monday through Friday) at the Service's Carlsbad office (see
ADDRESSES section above), and at the City of Colton Public Library, 656
North 9th Street, Colton, California, telephone (909) 370-5083.
Background 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
against take pursuant to section 9 of the Act; 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 U.S.C.
1538). Under certain circumstances, however, 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 applicant proposes to complete construction of a residential
development project in the City of Colton, 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. Completion of the
partially constructed project would result in the permanent loss of 36
acres of vacant land, including 3.4 acres of habitat for the Delhi
Sands flower-loving fly.
John Laing Homes proposes to compensate for incidental take of the
Delhi Sands flower-loving fly by donating $125,000 to the National Fish
and Wildlife Foundation to be used for the purchase and preservation of
offsite habitat occupied by the species. In turn, the National Fish and
Wildlife Foundation has committed to provide additional matching funds
in an amount no less than $175,000. The combined total of at least
$300,000 would be used to purchase approximately 4 to 10 acres of land
selected to contribute to one of the Recovery Units established in the
Recovery Plan for the Delhi Sands flower-loving fly.
Environmental Assessment
The Environmental Assessment considers the effects to the human
environment of the proposed action and two alternatives. Under the No
Action alternative, the Service would not issue an incidental take
permit for the completion of the Cantara residential project as
proposed by John Laing Homes. Under this alternative, John Laing Homes
would redesign its project to avoid habitat of the Delhi Sands flower-
loving fly onsite. No measures would be taken to secure the
conservation of suitable habitat onsite for the Delhi Sands flower-
loving fly. Under the Mitigation Bank alternative, John Laing Homes
also would redesign its project to avoid habitat of the Delhi Sands
flower-loving fly, and would secure the conservation of suitable
habitat for this species onsite and would sell credits to others
needing mitigation for other projects that adversely affect the
species.
This notice is provided pursuant to section 10(a) of the Act and
Service regulations for implementing the National Environmental Policy
Act (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 the Act. If the
Service determines that the requirements are met, a permit will be
issued for the incidental take of the Delhi Sands flower-loving fly.
The final decision on permit issuance will be made no sooner than 30
days from the date of this notice.
Dated: August 5, 1997.
Michael J. Spear,
Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-21101 Filed 8-8-97; 8:45 am]
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