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

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[Federal Register: August 1, 2007 (Volume 72, Number 147)]
[Notices]
[Page 42104-42105]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au07-84]

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DEPARTMENT OF THE INTERIOR
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.

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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) 918-0638.

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

SUPPLEMENTARY INFORMATION:

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.

Background

    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 north.
    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
conservation.

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 notice.

    Dated: July 25, 2007.
Ken McDermond,
Deputy Manager, California/Nevada Operations Office, Sacramento,
California.
[FR Doc. E7-14859 Filed 7-31-07; 8:45 am]
BILLING CODE 4310-55-P

 
 

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