[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58923-58924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23163]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2021-0071; FXES11140800000-212]


Endangered and Threatened Species; Receipt of an Incidental Take 
Permit Application and Habitat Conservation Plan; Santa Ana Avenue 
Project, City of Rialto, San Bernardino County, California

AGENCY: Fish and Wildlife Service, Interior.

[[Page 58924]]


ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application for an incidental take permit to take the 
federally listed Delhi Sands flower-loving fly under the Endangered 
Species Act (ESA). The permit application includes a proposed low-
effect habitat conservation plan (HCP). In accordance with the 
requirements of the National Environmental Policy Act (NEPA), we have 
prepared a draft low-effect screening form supporting our preliminary 
determination that the proposed action qualifies as a categorical 
exclusion under NEPA. We invite comments from the public and Federal, 
Tribal, State, and local governments on the permit application, 
proposed low-effect HCP, and draft NEPA compliance documentation.

DATES: To ensure consideration, please send your written comments on or 
before November 24, 2021.

ADDRESSES: 
    Obtaining Documents: The documents this notice announces, as well 
as any comments and other materials that we receive, will be available 
for public inspection online in Docket No. FWS-R8-ES-2021-0071 at 
http://www.regulations.gov.
    Submitting Comments: You may submit comments by one of the 
following methods:
     Online: http://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2021-0071.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2021-0071; U.S. Fish and Wildlife Service, 777 East Tahquitz 
Canyon Way, Suite 208, Palm Springs, CA 92262.
    We request that you send comments by only one of the methods 
described above.

FOR FURTHER INFORMATION CONTACT: Ms. Karin Cleary-Rose, Division 
Supervisor, Carlsbad Fish and Wildlife Office, 760-322-2070. If you use 
a telecommunications device for the deaf (TDD), please call the Federal 
Relay Service (FRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service, 
received an application from Rialto Project Owner, Marshall P. 
Wilkinson (applicant), for an incidental take permit under the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.). The requested permit would authorize take of the federally 
endangered Delhi Sands flower-loving fly (Rhaphiomidas terminatus 
abdominalis), incidental to grading and paving, on approximately 4 
acres in the City of Rialto in San Bernardino County, California.
    The proposed project will impact an estimated 0.67 acres of habitat 
occupied by Delhi Sands flower-loving fly. We are requesting comments 
on the permit application and on our preliminary determination that the 
proposed HCP qualifies as a low-effect HCP, eligible for a categorical 
exclusion under the National Environmental Policy Act of 1969, as 
amended (NEPA; 42 U.S.C. 4321 et seq.). The basis for this 
determination is discussed in our draft NEPA compliance documentation, 
which is also available for public review.

Project

    The project area is located on a 4-acre site in the City of Rialto 
in San Bernardino County, California. The applicant requests a 5-year 
incidental take permit for permanent impacts to 0.67 acres of occupied 
Delhi Sands flower-loving fly habitat. The applicant proposes to 
mitigate impacts through the conservation of 1 acre of occupied Delhi 
Sands flower-loving fly habitat off site at the Colton Dune 
Conservation Bank in San Bernardino County, or other Service-approved 
entity. The off-site mitigation area provides higher quality habitat 
than that found on the project site and will be conserved, managed, and 
monitored in perpetuity.

Our Preliminary Determination

    The Service has made a preliminary determination that the project, 
including grading, paving, and the proposed mitigation, would 
individually and cumulatively have a minor or negligible effect on the 
Delhi Sands flower-loving fly and the human environment. Therefore, we 
have preliminarily concluded that the incidental take permit for this 
project would qualify for categorical exclusion, and that the HCP is 
low effect under our NEPA regulations at 43 CFR 46.205 and 46.210.
    A low-effect HCP is one that would result in:
     Minor or negligible effects on federally listed, proposed, 
and candidate species and their habitats;
     Minor or negligible effects on other environmental values 
or resources; and
     Impacts that, when considered together with the impacts of 
other past, present, and reasonably foreseeable similarly situated 
projects, would not over time result in significant cumulative effects 
to environmental values or resources.

Next Steps

    We will evaluate the proposed HCP and any comments received to 
determine whether to issue the requested permit. We will also conduct 
an intra-Service consultation pursuant to section 7 of the ESA to 
evaluate the effects of the proposed take. After considering the above 
findings, we will determine whether the permit issuance criteria of 
section 10(a)(1)(B) of the ESA have been met. If met, we will issue the 
permit to the applicant for incidental take of the Delhi Sands flower-
loving fly.

Public Availability of Comments

    Before including your address, phone number, email 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.

Authority

    We provide this notice under section 10(c) (16 U.S.C. 1539 et seq.) 
of the ESA and NEPA regulations at 40 CFR 1506.6.

Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2021-23163 Filed 10-22-21; 8:45 am]
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