[Federal Register Volume 62, Number 154 (Monday, August 11, 1997)]
[Notices]
[Pages 43003-43004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21101]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for the Cantara Residential 
Project in the City of Colton, San Bernardino County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: The Fish and Wildlife Service has under consideration a 
proposal to issue an 8-year permit pursuant to the Endangered Species 
Act of 1973, as amended (Act), that would authorize incidental taking 
of the endangered Delhi Sands flower-loving fly (Rhaphiomidas 
terminatus

[[Page 43004]]

abdominalis). Take would occur during completion of a residential 
housing development in the City of Colton, California. The applicant 
for this incidental take permit is John Laing Homes (California), 
Incorporated. The application includes a Habitat Conservation Plan for 
the Delhi Sands flower-loving fly and an Implementing Agreement. The 
Implementing Agreement does not include ``No Surprises'' assurances (62 
FR 29091). The Habitat Conservation Plan was prepared by the applicant 
and does not reflect the view of the Service relative to the site being 
occupied by the Delhi Sands flower-loving fly. In response to the 
permit application, the Service has prepared an Environmental 
Assessment pursuant to the National Environmental Policy Act. This 
assessment and the permit application are available for public review 
and comment. All comments received, including names and addresses, will 
become part of the administrative record and may be made available to 
the public.

DATES: Written comments on the Environmental Assessment, Habitat 
Conservation Plan, and Implementing Agreement should be received by the 
Service on or before September 10, 1997.

ADDRESSES: Comments should be submitted to Mr. Gail Kobetich, Field 
Supervisor, Fish and Wildlife Service, 2730 Loker Avenue West, 
Carlsbad, California 92008. Written comments also may be sent by 
facsimile to (760) 431-9618.

FOR FURTHER INFORMATION CONTACT: Mr. Pete Sorensen, Assistant Field 
Supervisor, at the above address, telephone (760) 431-9440.

SUPPLEMENTARY INFORMATION:

Availability of Documents

    Individuals wishing copies of the documents should immediately 
contact the applicant's consultant, Mr. Larry Munsey, Larry Munsey 
International, 15901 Redhill Avenue, Suite 01, Tustin, California 
92780, telephone (714) 440-8255. Documents also will be available for 
public inspection by appointment during normal business hours (8 a.m. 
to 5 p.m., Monday through Friday) at the Service's Carlsbad office (see 
ADDRESSES section above), and at the City of Colton Public Library, 656 
North 9th Street, Colton, California, telephone (909) 370-5083.

Background Information

    The Service listed the Delhi Sands flower-loving fly as an 
endangered species on September 23, 1993 (58 FR 49881). As an 
endangered species, the Delhi Sands flower-loving fly is protected 
against take pursuant to section 9 of the Act; that is, no one may 
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or 
collect the species, or attempt to engage in such conduct (16 U.S.C. 
1538). Under certain circumstances, however, the Service may issue 
permits to take endangered wildlife species incidental to, and not the 
purpose of, otherwise lawful activities. Regulations governing permits 
for endangered species are at 50 CFR 17.22.
    The applicant proposes to complete construction of a residential 
development project in the City of Colton, San Bernardino County. The 
proposed project is partially located in undeveloped areas that are 
either known to support the endangered Delhi Sands flower-loving fly or 
are considered suitable habitat for the species. Completion of the 
partially constructed project would result in the permanent loss of 36 
acres of vacant land, including 3.4 acres of habitat for the Delhi 
Sands flower-loving fly.
    John Laing Homes proposes to compensate for incidental take of the 
Delhi Sands flower-loving fly by donating $125,000 to the National Fish 
and Wildlife Foundation to be used for the purchase and preservation of 
offsite habitat occupied by the species. In turn, the National Fish and 
Wildlife Foundation has committed to provide additional matching funds 
in an amount no less than $175,000. The combined total of at least 
$300,000 would be used to purchase approximately 4 to 10 acres of land 
selected to contribute to one of the Recovery Units established in the 
Recovery Plan for the Delhi Sands flower-loving fly.

Environmental Assessment

    The Environmental Assessment considers the effects to the human 
environment of the proposed action and two alternatives. Under the No 
Action alternative, the Service would not issue an incidental take 
permit for the completion of the Cantara residential project as 
proposed by John Laing Homes. Under this alternative, John Laing Homes 
would redesign its project to avoid habitat of the Delhi Sands flower-
loving fly onsite. No measures would be taken to secure the 
conservation of suitable habitat onsite for the Delhi Sands flower-
loving fly. Under the Mitigation Bank alternative, John Laing Homes 
also would redesign its project to avoid habitat of the Delhi Sands 
flower-loving fly, and would secure the conservation of suitable 
habitat for this species onsite and would sell credits to others 
needing mitigation for other projects that adversely affect the 
species.
    This notice is provided pursuant to section 10(a) of the Act and 
Service regulations for implementing the National Environmental Policy 
Act (40 CFR 1506.6). The Service will evaluate the application, 
associated documents, and comments submitted thereon to determine 
whether the application meets the requirements of the Act. If the 
Service determines that the requirements are met, a permit will be 
issued for the incidental take of the Delhi Sands flower-loving fly. 
The final decision on permit issuance will be made no sooner than 30 
days from the date of this notice.

    Dated: August 5, 1997.
Michael J. Spear,
Regional Director, Region 1, Portland, Oregon.
[FR Doc. 97-21101 Filed 8-8-97; 8:45 am]
BILLING CODE 4310-55-P