[Federal Register Volume 73, Number 203 (Monday, October 20, 2008)]
[Notices]
[Pages 62307-62308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24883]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2008-N0262; 81430-1112-0000-F2]


Proposed Low Effect Habitat Conservation for West Colton Terminal 
Temporary Ethanol Transloading Facility, City of Rialto, County of San 
Bernardino, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: West Colton Rail Terminal, LLC (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, ``DSF'') 
associated with construction of an ethanol unloading facility in the 
City of Rialto, San Bernardino County, California. A conservation 
program to mitigate for impacts of the project on the DSF would be 
implemented as described in the proposed West Colton Terminal Temporary 
Ethanol Transloading Facility Low-Effect Habitat Conservation Plan 
(HCP).
    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 November 19, 
2008.

ADDRESSES: Comments should be addressed to the Field Supervisor, Fish 
and Wildlife Service, Carlsbad Fish and Wildlife Office, 6010 Hidden 
Valley Road, Suite 101, 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 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

[[Page 62308]]

and endangered species, respectively, are found in the Code of Federal 
Regulations at 50 CFR 17.22 and 50 CFR 17.32.
    The applicant (West Colton Rail Terminal, LLC or WCRT) 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 DSF is restricted to the Delhi Soils formations within western 
Riverside and San Bernardino counties in California.
    The applicant proposes to construct an ethanol unloading facility 
on 2.1 acres of land located between the north end of Sycamore Street 
and South Date Avenue in the City of Rialto, San Bernardino County, 
California. Approximately 0.21 acre of the project site is considered 
occupied by the DSF, and we anticipate that all DSF within the 0.21 
acre area would be lost during project construction. The purpose of the 
project is to eliminate truck traffic from local highways currently 
resulting from trucking the ethanol from the City of Carson to the 
Colton area gasoline blending terminals. The project will eliminate the 
over 60-mile truck trip for approximately 40 trucks per day and reduce 
truck travel to a few thousand yards per load.
    The applicant proposes to mitigate impacts 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 biological 
conservation of the DSF. WCRT proposes to mitigate impacts to DSF by 
contributing to a habitat management endowment for a conservation 
parcel known as the ``Owl Property'', which is located northwest of the 
intersection of Riverside Avenue and Resource Drive in the City of 
Rialto. WCRT's contribution will fully fund an endowment for DSF 
habitat management in perpetuity.
    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 DSF. Three 
alternatives to the taking of the listed species under the Proposed 
Action are considered in the proposed HCP. Under the Original Design 
Alternative, additional DSF habitat would be impacted at the project 
site to more efficiently meet the operational goals of the project. 
Under the Alternate Location Alternative, no DSF habitat would be 
impacted, but other environmental impacts would be unavoidable. Under 
the No Action Alternative, no DSF habitat would be impacted or 
conserved, and truck traffic would not be reduced.
    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 DM8) 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 West Colton Rail Terminal, LLC for the 
incidental take of the Delhi Sands flower-loving fly from construction 
of an ethanol unloading facility in the City of Rialto, San Bernardino 
County, California.

    Dated: October 14, 2008.
Jim A. Bartel,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
 [FR Doc. E8-24883 Filed 10-17-08; 8:45 am]
BILLING CODE 4310-55-P