Notice2021-23163
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 25, 2021
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 203 (Monday, October 25, 2021)</title>
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[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58923-58924]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Submitting Comments: You may submit comments by one of the
following methods:
<bullet> Online: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for submitting comments on Docket No. FWS-R8-ES-2021-0071.
<bullet> 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:
<bullet> Minor or negligible effects on federally listed, proposed,
and candidate species and their habitats;
<bullet> Minor or negligible effects on other environmental values
or resources; and
<bullet> 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]
BILLING CODE 4333-15-P
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