[Federal Register: July 13, 1999 (Volume 64, Number 133)] [Notices] [Page 37806-37808] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13jy99-111] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Availability of an Environmental Assessment and Receipt of Applications for Incidental Take Permits for the Delhi Sands Flower- loving Fly Associated With Industrial Developments on the Angelus Block Company Site, City of Rialto, San Bernardino County, California AGENCY: Fish and Wildlife Service. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: This notice advises the public that Angelus Block Company, Inc., Edward Antonini Residuary Trust, and E-Z Mix, Inc. (Applicants) have applied to the Fish and Wildlife Service for the approval of a Habitat Conservation Plan and issuance of incidental take permits pursuant to section 10(a)(1)(B) of the Endangered Species Act, 1973, as amended (Act). The Applicants propose to develop various industrial facilities, including: a sacking plant and facility for concrete, pre- blended mortar, asphalt and associated materials; a paver production plant; and a concrete block plant within various lots on the property. Except for those lots within the approximately 30.5-acre on-site Conservation Area, the other lots are [[Page 37807]] expected to be sold to other industrial users for development. The Applicants seek permits for a period of 30 years that would authorize incidental take of the endangered Delhi Sands flower-loving fly (Rhaphiomidas terminatus abdominalis) associated with the construction, development, and maintenance of industrial facilities on approximately 65 acres of the 96-acre site. The permit applications include a Habitat Conservation Plan and an Implementation Agreement, both of which are available for public review and comment. The Service also announces the availability of an Environmental Assessment for the proposed issuance of the incidental take permits. All comments on the Environmental Assessment and permit applications will become part of the administrative record and will be available to the public. DATES: Written comments should be received on or before August 12, 1999. ADDRESSES: Written comments should be addressed to the Field Supervisor, Fish and Wildlife Service, 2730 Loker Avenue West, Carlsbad, California 92008. Comments may be sent by facsimile to telephone (760) 431-9624. FOR FURTHER INFORMATION CONTACT: Mary Beth Woulfe, Fish and Wildlife Biologist, at the above address or call (760) 431-9440. SUPPLEMENTARY INFORMATION: Availability of Documents You may obtain copies of the documents for review by calling the Service's Carlsbad Fish and Wildlife Office at the above referenced telephone number. Documents also are available for public inspection, by appointment, during normal business hours at the above address. Background Section 9 of the Act and its implementing regulations prohibit the ``taking'' of threatened or endangered species. Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect listed animal species, or attempt to engage in such conduct (16 USC 1538). Harm may include significant habitat modification where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, and sheltering [50 CFR 17.3(c)]. The Service, however, may issue permits to take endangered and/or threatened wildlife species incidental to, and not the purpose of, otherwise lawful activities. Regulations governing permits for endangered and/or threatened species are found at 50 CFR 17.22 and 17.32. Under the proposed action, construction, development, and maintenance activities would directly impact the Delhi Sands flower- loving fly by removing about 65 acres of habitat on the 96-acre parcel. The permit applications include a Habitat Conservation Plan and an Implementation Agreement that define the responsibilities of all of the parties under the Plan. The Applicants' Habitat Conservation Plan describes consideration of alternatives to the action and provisions for minimization and mitigation of impacts. The Applicants propose to dedicate about 30.5 acres of on-site Delhi Sands flower-loving fly habitat to a land manager/conservation organization to be managed and preserved in perpetuity. A 5-acre mitigation bank would be established in the 30.5-acre Conservation Area. Proceeds from the sale of credits would off-set the management endowment cost. The incidental take permit would also address any take that may occur due to management and maintenance activities within the Conservation Area. This action would compensate for the loss of habitat resulting from the project and would benefit the long-term conservation of the Delhi Sands flower-loving fly. The Habitat Conservation Plan was prepared by the Applicants' representatives and reflects the opinions of the Applicants; whereas, the Environmental Assessment was prepared by the Service and reflects our opinions regarding the proposed action. This fact will account for the differences in opinion and analysis reflected in the Habitat Conservation Plan and the Environmental Assessment. The Applicants considered going forward without receiving a section 10(a)(1)(B) incidental take permit under the Act. The Service sought and was granted a preliminary injunction by the United States District Court of Los Angeles that prohibited Angelus Block Company, Inc. from proceeding with their planned development. The Service and representatives from Angelus Block Company, Inc. worked out a settlement agreement regarding this injunction that resulted in finalizing the Habitat Conservation Plan. The Habitat Conservation Plan and the Environmental Assessment considered four alternatives to the proposed project: (1) Abandonment of the industrial facility projects (the ``No Project'' alternative); (2) abandonment of the industrial facility projects and establishment of a Delhi Sands flower-loving fly habitat mitigation bank; (3) participation in the San Bernardino Valley-wide Multiple Species Plan; and (4) development of 83 acres, dedication of a 13.4-acre Conservation Area, habitat restoration, and an endowment fund for maintenance and management of the Conservation Area. The Applicants also considered the redesign of the industrial facilities and establishing a 24-acre Conservation Area including a mitigation bank. This alternative was within the full range of alternatives considered, and therefore, was not further analyzed by the Service in its Environmental Assessment. Under the first alternative the Angelus Block facilities would not be constructed on the Site, nor would the remaining lots be used for other industrial uses or sold to other industrial users. Although this alternative would result in no impact by development of the Project Site, the Applicants would not take any measures to enhance the site or establish permanent on-site conservation that is expected to have long- term benefits for the Delhi Sands flower-loving fly. Under the second alternative the Project Site would not be developed and the Site would be used as a habitat mitigation bank for Delhi Sands flower-loving fly. Establishment of a Delhi Sands flower- loving fly habitat mitigation bank on the Site could possibly result in protection of approximately 73 acres of Delhi Sands flower-loving fly habitat. The success of the mitigation bank would be primarily dependent on the ability and willingness of others to purchase Delhi Sands flower-loving fly habitat credits arising from establishment of a bank on Site. The certainty that such would actually occur is not known. Under the third alternative the Applicants would mitigate for any potential take of the Delhi Sands flower-loving fly by participating in a larger geographic scale, multiple species Habitat Conservation Plan under development by local jurisdictions for a portion of San Bernardino County, as opposed to their own site-specific Habitat Conservation Plan. Under this alternative, the Applicants would need to delay construction of their project until the San Bernardino Valley- Wide Multiple Species Habitat Conservation Plan is complete. Under the fourth alternative about 83 acres would be developed, a 13.4-acre conservation area would be dedicated to a conservation organization, Delhi Sands flower-loving fly habitat would be restored in the conservation area, and a long-term maintenance endowment [[Page 37808]] would be provided for the conservation area. The conservation area would be used for the recovery and long-term conservation of the Delhi Sands flower-loving fly. This alternative would result in construction within approximately 60 acres of potential Delhi Sands flower-loving fly habitat. Impacts to the Delhi Sands flower-loving fly would be greater than the proposed project and there would be less benefit to the species. This notice is provided pursuant to section 10(a) of the Endangered Species Act and Service regulations for implementing the National Environmental Policy Act of 1969 (40 CFR 1506.6). The Service will evaluate the permit applications, the Habitat Conservation Plan, Environmental Assessment, the associated documents and comments submitted thereon to determine whether the application meets the requirements of section 10(a) of the Endangered Species Act. If we determine that the requirements are met, we will issue permits for the incidental take of the Delhi Sands flower-loving fly. A final decision on permit issuance will be made no sooner than 30 days from the date of this notice. Dated: July 7, 1999. Elizabeth H. Stevens, Deputy Manager, California/Nevada Operations Office, Fish and Wildlife Service, Sacramento, California [FR Doc. 99-17743 Filed 7-12-99; 8:45 am] BILLING CODE 4310-55-P