[Federal Register: August 1, 2007 (Volume 72, Number 147)]
[Page 42104-42105]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Alere Riverside Avenue Development, City of Rialto, San 
Bernardino County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and receipt of application.


SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 
that Alere Property Group (Applicant) has applied to the Fish and 
Wildlife Service (Service) for an incidental take permit pursuant to 
section 10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as 
amended. We are considering issuing a 5-year permit to the Applicant 
that would authorize take of the federally endangered Delhi Sands 
flower-loving fly (Rhaphiomidas terminatus abdominalis; ``DSF''). The 
proposed permit would authorize the take of individual DSF. The permit 
is needed by the Applicant because take of DSF could occur during the 
proposed construction of a commercial development and habitat 
restoration and management on an 18.42-acre site in the City of Rialto, 
San Bernardino County, California.
    The permit application includes the proposed Habitat Conservation 
Plan (Plan) and associated Implementing Agreement that describe the 
proposed action and the measures that the Applicant will undertake to 
mitigate take of the DSF.

DATES: Written comments must be received on or before October 1, 2007.

ADDRESSES: Send written comments to Mr. Jim Bartel, Field Supervisor, 
Fish and Wildlife Service, 6010 Hidden Valley Road, Carlsbad, 
California 92011. You also may send comments by facsimile to (760) 918-

FOR FURTHER INFORMATION CONTACT: Ms. Karen Goebel, Assistant Field 
Supervisor (see ADDRESSES) or call (760) 431-9440.


Availability of Documents

    You may obtain copies of these documents for review by contacting 
the above office. Documents also will be available for public 
inspection, by appointment, during normal business hours at the above 
address and at the San Bernardino County Libraries. Addresses for the 
San Bernardino County Libraries are: (1) 10145 Orchard Street, 
Bloomington, CA 92316; (2) 251 West First Street, Rialto, CA 92376; (3) 
16860 Valencia Avenue, Fontana, CA 92335; and, (4) 22795 Barton Road, 
Grand Terrace, CA 92313.


    Section 9 of the Act and Federal regulations prohibit the ``take'' 
of fish and wildlife species listed as endangered or threatened. Take 
of federally listed fish and wildlife is defined under the Act to 
include ``harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect, or to attempt to engage in any such conduct.'' The 
Service may, under limited circumstances, issue permits to authorize 
incidental take (i.e., take that is incidental to, and not the purpose 
of, the carrying out of an otherwise lawful activity). Regulations 
governing incidental take permits for threatened and endangered species 
are found in 50 CFR 17.32 and 17.22.
    The Applicant is proposing development of commercial facilities on 
12.88 acres of an 18.42-acre site in the City of Rialto, San Bernardino 
County, California. The site is located southwest of the intersection 
of Riverside and Jurupa Avenues in the City of Rialto, County of San 
Bernardino, California. The proposed project site is bordered by 
existing commercial facilities to the west and east, 6 acres of open 
space to the south and approximately 10 acres of open space to the 
    Based on focused surveys, the entire site is considered occupied by 
the DSF. The Service has determined that the proposed development would 
result in incidental take of the DSF. No other federally listed species 
are known to occupy the site.
    To minimize and mitigate take of DSF on the project site, the 
Applicant proposes to set aside 5.54-acres of the 18.42 acres site as a 
permanent conservation area. The onsite conservation area would be 
restored and managed by the Riverside Land Conservancy, a non-profit 
land trust. In addition to the onsite DSF conservation area, the 
Applicant proposes to purchase credits towards conservation in-
perpetuity of 4 acres of occupied DSF habitat at the Colton Dunes 
Conservation Bank in the City of Colton, San Bernardino County, 
California. The conservation bank collects fees that fund a management 
endowment to ensure the permanent management and monitoring of 
sensitive species and habitats, including the DSF.
    The Service's Environmental Assessment considers the environmental 
consequences of four alternatives, including: (1) The Proposed Project 
Alternative, which consists of issuance of the incidental take permit 
and implementation of the Plan; (2) the Alternative Site Design or 
Corridor Alternative, which consists of an alternate configuration of 
DSF conservation on the project site and offsite conservation; (3) the 
Rialto HCP Alternative, which anticipates inclusion of the project in a 
proposed conservation effort throughout the City of Rialto; and (4) the 
No Action Alternative, which would result in no impacts to DSF and no 

National Environmental Policy Act

    Proposed permit issuance triggers the need for compliance with the 
National Environmental Policy Act (NEPA). Accordingly, a draft NEPA 
document has been prepared. The Service is the Lead Agency responsible 
for compliance under NEPA. As NEPA lead agency, the Service is 
providing notice of the availability of the Environmental Assessment 
for public review.

Public Review

    The Service invites the public to review the Plan, Implementing 
Agreement and Environmental Assessment during a 60-day public comment 
period (see DATES). Before including your address, phone number,

[[Page 42105]]

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 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.
    This notice is provided pursuant to section 10(a) of the Act and 
the regulations for implementing NEPA, as amended (40 CFR 1506.6). We 
will evaluate the application, associated documents, and comments 
submitted thereon to determine whether the application meets the 
requirements of NEPA regulations and section 10(a) of the Act. If we 
determine that those requirements are met, we will issue a permit to 
the Applicant for the incidental take of the DSF. We will make our 
final permit decision no sooner than 60 days from the date of this 

    Dated: July 25, 2007.
Ken McDermond,
Deputy Manager, California/Nevada Operations Office, Sacramento, 
[FR Doc. E7-14859 Filed 7-31-07; 8:45 am]