[Federal Register: July 6, 2007 (Volume 72, Number 129)]
[Page 37040-37041]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Proposed Low Effect Habitat Conservation Plan for the Jurupa 
Avenue Road Widening Project, City of Fontana, County of San 
Bernardino, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: The City of Fontana (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) associated with the proposed 
widening of Jurupa Avenue between Sierra and Tamarind avenues in the 
City of Fontana, San Bernardino County, California. A conservation 
program to mitigate for the project activities would be implemented as 
described in the proposed Jurupa Avenue Widening Project 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 August 6, 2007.

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


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 


    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 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 Delhi Sands 
flower-loving fly during the life of the permit. This species is 
referred to as the ``DSF'' in the proposed HCP.
    The applicant proposes to widen Jurupa Avenue between Sierra and 
Tamarind avenues in the City of Fontana, San Bernardino County, 
California. The proposed project would impact 4.7 acres of land, of 
which less than 1 acre is likely occupied by the DSF. We anticipate 
that all DSF within the project site would be lost during project 
construction. The project site does not contain any other rare, 
threatened or endangered species or habitat. No critical habitat for 
any listed species occurs on the project site.
    The applicant proposes to mitigate the effects 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 
the biological conservation of the DSF. The applicant proposes to 
mitigate impacts to the DSF through purchase of 1 acre of credit within 
the Colton Dunes Conservation Bank in the City of Colton, 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 mitigate impacts of the project on the DSF. One alternative to the 
taking of the listed species under the Proposed Action is considered in 
the proposed HCP. Under the No Action Alternative, no permit would be 
issued, and no construction or conservation would occur.
    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 
    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.

[[Page 37041]]

    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 City of Fontana for the incidental take 
of the Delhi Sands flower-loving fly from widening of Jurupa Avenue 
between Sierra and Tamarind Avenues in the City of Fontana, San 
Bernardino County, California.

    Dated: June 29, 2007.
Jim A. Bartel,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
[FR Doc. E7-13129 Filed 7-5-07; 8:45 am]