[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Notices]
[Pages 31603-31604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10976]


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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.

ACTION: Notice of availability.

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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.
    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 San Bernardino 
kangaroo rat during the life of the permit. This species is referred to 
as the ``SBKR'' in the proposed HCP.

[[Page 31604]]

    The applicant proposes to replace and extend water pipeline service 
on 1.7 acres of land located within the Lyle Creek Wash in the City of 
Rialto and unincorporated San Bernardino County, California. The 
purposes of the project are to (1) increase water delivery capacity of 
untreated surface water (State Water Project Water) from the San 
Gabriel Valley Water District's transmission pipeline system to the 
West Valley Water District and Fontana Water Company by replacing two 
12-inch-diameter pipelines with one 30-inch-diameter pipeline and one 
36-inch-diameter pipeline, (2) install a pipeline to deliver water to a 
CEMEX aggregate mining operation, and (3) install an emergency overflow 
pipeline that will discharge into existing spreading basins for 
groundwater recharge. We anticipate that some SBKR may be lost within 
the 1.7 acres of SBKR occupied habitat. The project is within 
designated critical habitat for the SBKR.
    The applicant proposes to minimize and mitigate the effects to the 
SBKR 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 SBKR. The HCP includes 
measures to minimize impacts to SBKR by containing the project 
footprint, minimizing activities that may directly impact individual 
SBKR, and promoting recovery of impacted habitat. Impacts to SBKR 
habitat would be temporary. The applicant proposes to mitigate impacts 
to the SBKR through purchase of 2 acres of credit within the Cajon 
Creek Conservation Bank in 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 minimize and mitigate impacts of the project on the SBKR. Three 
alternatives to the taking of the listed species under the Proposed 
Action are considered in the proposed HCP. Under the No Action 
Alternative, no permit would be issued, and no construction or 
conservation would occur. Under the Reduce Project Alternative, impacts 
to SBKR and SBKR habitat would be reduced; however, the pipelines would 
not properly convey water to the final destinations. Under the 
Different Location Alternative, the pipelines would be relocated to 
avoid or reduce impacts to SBKR. This Alternative was not chosen 
because the project vicinity is generally occupied by SBKR and the cost 
of acquiring appropriate rights-of-way and constructing the larger 
project that would be necessary to reduce impacts to SBKR would be 
prohibitive.
    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 West Valley Water District for the 
incidental take of the San Bernardino kangaroo rat from water pipeline 
improvements in the City of Rialto and unincorporated San Bernardino 
County, California.

     Dated: June 1, 2007.
Jim A. Bartel,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. E7-10976 Filed 6-6-07; 8:45 am]
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