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42104 Federal Register / Vol. 72, No.

147 / Wednesday, August 1, 2007 / Notices

resources as well as federally listed management on an 18.42-acre site in the existing commercial facilities to the
species will be protected. City of Rialto, San Bernardino County, west and east, 6 acres of open space to
Opportunity for public input will be California. the south and approximately 10 acres of
provided at a public meeting to be The permit application includes the open space to the north.
scheduled soon. The specific date and proposed Habitat Conservation Plan Based on focused surveys, the entire
time for the public meeting is yet to be (Plan) and associated Implementing site is considered occupied by the DSF.
determined, but will be announced via Agreement that describe the proposed The Service has determined that the
local media and a planning update. All action and the measures that the proposed development would result in
information provided voluntarily by Applicant will undertake to mitigate incidental take of the DSF. No other
mail, by phone, or at public meetings take of the DSF. federally listed species are known to
(e.g., names, addresses, letters of DATES: Written comments must be occupy the site.
comment, input recorded during received on or before October 1, 2007. To minimize and mitigate take of DSF
meetings) becomes part of the official on the project site, the Applicant
ADDRESSES: Send written comments to
public record. If requested under the proposes to set aside 5.54-acres of the
Mr. Jim Bartel, Field Supervisor, Fish
Freedom of Information Act by a private 18.42 acres site as a permanent
and Wildlife Service, 6010 Hidden
citizen or organization, the Service may conservation area. The onsite
Valley Road, Carlsbad, California 92011. conservation area would be restored and
provide copies of such information. The You also may send comments by
environmental review of this project managed by the Riverside Land
facsimile to (760) 918–0638. Conservancy, a non-profit land trust. In
will be conducted in accordance with
FOR FURTHER INFORMATION CONTACT: Ms. addition to the onsite DSF conservation
the requirements of the National
Karen Goebel, Assistant Field area, the Applicant proposes to
Environmental Policy Act (NEPA) of
Supervisor (see ADDRESSES) or call (760) purchase credits towards conservation
1969, as amended (42 U.S.C. 4321 et
431–9440. in-perpetuity of 4 acres of occupied DSF
seq.); NEPA Regulations (40 CFR parts
1500–1508); other appropriate Federal SUPPLEMENTARY INFORMATION: habitat at the Colton Dunes
laws and regulations; Executive Order Availability of Documents Conservation Bank in the City of Colton,
12996; the National Wildlife Refuge San Bernardino County, California. The
You may obtain copies of these conservation bank collects fees that
System Improvement Act of 1997; and
documents for review by contacting the fund a management endowment to
Service policies and procedures for
above office. Documents also will be ensure the permanent management and
compliance with those laws and
available for public inspection, by monitoring of sensitive species and
regulations.
appointment, during normal business habitats, including the DSF.
Dated: June 20, 2007. hours at the above address and at the The Service’s Environmental
James J. Slack, San Bernardino County Libraries. Assessment considers the
Deputy Regional Director, Denver, Colorado. Addresses for the San Bernardino environmental consequences of four
[FR Doc. E7–14892 Filed 7–31–07; 8:45 am] County Libraries are: (1) 10145 Orchard alternatives, including: (1) The
BILLING CODE 4310–55–P Street, Bloomington, CA 92316; (2) 251 Proposed Project Alternative, which
West First Street, Rialto, CA 92376; (3) consists of issuance of the incidental
16860 Valencia Avenue, Fontana, CA take permit and implementation of the
DEPARTMENT OF THE INTERIOR 92335; and, (4) 22795 Barton Road, Plan; (2) the Alternative Site Design or
Grand Terrace, CA 92313. Corridor Alternative, which consists of
Fish and Wildlife Service
Background an alternate configuration of DSF
Alere Riverside Avenue Development, conservation on the project site and
Section 9 of the Act and Federal offsite conservation; (3) the Rialto HCP
City of Rialto, San Bernardino County, regulations prohibit the ‘‘take’’ of fish
CA Alternative, which anticipates inclusion
and wildlife species listed as of the project in a proposed
AGENCY: Fish and Wildlife Service, endangered or threatened. Take of conservation effort throughout the City
Interior. federally listed fish and wildlife is of Rialto; and (4) the No Action
ACTION: Notice of availability and defined under the Act to include Alternative, which would result in no
receipt of application. ‘‘harass, harm, pursue, hunt, shoot, impacts to DSF and no conservation.
wound, kill, trap, capture, or collect, or
SUMMARY: We, the U.S. Fish and to attempt to engage in any such National Environmental Policy Act
Wildlife Service (Service), announce conduct.’’ The Service may, under Proposed permit issuance triggers the
that Alere Property Group (Applicant) limited circumstances, issue permits to need for compliance with the National
has applied to the Fish and Wildlife authorize incidental take (i.e., take that Environmental Policy Act (NEPA).
Service (Service) for an incidental take is incidental to, and not the purpose of, Accordingly, a draft NEPA document
permit pursuant to section 10(a)(1)(B) of the carrying out of an otherwise lawful has been prepared. The Service is the
the Endangered Species Act (Act) of activity). Regulations governing Lead Agency responsible for compliance
1973, as amended. We are considering incidental take permits for threatened under NEPA. As NEPA lead agency, the
issuing a 5-year permit to the Applicant and endangered species are found in 50 Service is providing notice of the
that would authorize take of the CFR 17.32 and 17.22. availability of the Environmental
federally endangered Delhi Sands The Applicant is proposing Assessment for public review.
flower-loving fly (Rhaphiomidas development of commercial facilities on
terminatus abdominalis; ‘‘DSF’’). The 12.88 acres of an 18.42-acre site in the Public Review
proposed permit would authorize the City of Rialto, San Bernardino County, The Service invites the public to
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take of individual DSF. The permit is California. The site is located southwest review the Plan, Implementing
needed by the Applicant because take of of the intersection of Riverside and Agreement and Environmental
DSF could occur during the proposed Jurupa Avenues in the City of Rialto, Assessment during a 60-day public
construction of a commercial County of San Bernardino, California. comment period (see DATES). Before
development and habitat restoration and The proposed project site is bordered by including your address, phone number,

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Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Notices 42105

e-mail address, or other personal a single family residence, and development would result in the take of
identifying information in your installation of related improvements 28 PAMB and two BSSB.
comment, you should be aware that such as fencing and landscaping, on a To mitigate and offset the take of
your entire comment—including your 24.25 acre parcel near Point Arena, PAMB and BSSN, the applicant
personal identifying information—may Mendocino County, California. The proposes to implement seasonal
be made publicly available at any time. permit application includes a proposed disturbance restrictions, and to dedicate
While you may ask us in your comment Habitat Conservation Plan (HCP) that two on-site conservation areas totaling
to withhold your personal identifying describes the proposed action and the 9.75 acres to be managed and preserved
information from public review, we measures that the Applicant will in perpetuity.
cannot guarantee that we will be able to undertake to minimize and mitigate take Our Environmental Assessment
do so. of PAMB and BSSB. considers the environmental
This notice is provided pursuant to consequences of three alternatives,
DATES: We must receive any written
section 10(a) of the Act and the including: (1) The Proposed Project
comments on or before October 1, 2007. Alternative that would result in the
regulations for implementing NEPA, as
amended (40 CFR 1506.6). We will ADDRESSES: Send written comments to development of the proposed project,
evaluate the application, associated Ms. Amedee Brickey, ES Program the issuance of an ITP and the
documents, and comments submitted Manager, Fish and Wildlife Service, implementation of the measures in the
thereon to determine whether the 1655 Heindon Road, Arcata, California HCP, including conservation areas; (2)
application meets the requirements of 95521. You also may send comments by an Alternative Project Layout
NEPA regulations and section 10(a) of facsimile to (707) 822–8411. Alternative that would result in the
the Act. If we determine that those FOR FURTHER INFORMATION CONTACT: Ms. development of fewer acres, would not
requirements are met, we will issue a Amedee Brickey, (see ADDRESSES), (707) take any listed species, and would not
permit to the Applicant for the 822–7201. include conservation areas; and (3) the
incidental take of the DSF. We will SUPPLEMENTARY INFORMATION:
No Action Alternative that would result
make our final permit decision no in no development of the proposed
sooner than 60 days from the date of Availability of Documents project, would not take any listed
this notice. You may obtain copies of these species and would not include
documents for review by contacting the conservation areas.
Dated: July 25, 2007.
Ken McDermond, above office. Documents also will be National Environmental Policy Act
Deputy Manager, California/Nevada available for public inspection, by Proposed permit issuance triggers the
Operations Office, Sacramento, California. appointment, during normal business need for compliance with the National
[FR Doc. E7–14859 Filed 7–31–07; 8:45 am] hours at the above address. Environmental Policy Act (NEPA).
BILLING CODE 4310–55–P Background Accordingly, a draft NEPA document
has been prepared. We are the Lead
Section 9 of the Act and Federal Agency responsible for compliance
DEPARTMENT OF THE INTERIOR regulations prohibit the ‘‘take’’ of fish under NEPA. As the NEPA lead agency,
and wildlife species listed as we provide notice of the availability and
Fish and Wildlife Service endangered or threatened. Take of are making available for public review
federally listed fish and wildlife is the EA.
Fisher Family Residence Construction defined under the Act to include
Project, Mendocino County, CA ‘‘harass, harm, pursue, hunt, shoot, Public Review
AGENCY: Fish and Wildlife Service, wound, kill, trap, capture, or collect, or We invite the public to review the
Interior. to attempt to engage in any such HCP and EA during a 60-day public
conduct.’’ We may, under limited comment period (see DATES). Before
ACTION: Notice of Availability of
circumstances, issue permits to including your address, phone number,
Environmental Assessment (EA);
authorize incidental take (i.e., take that e-mail address, or other personal
Receipt of an Application for Incidental
is incidental to, and not the purpose of, identifying information in your
Take Permit.
the carrying out of an otherwise lawful comment, you should be aware that
SUMMARY: We, the U.S. Fish and activity). Regulations governing your entire comment—including your
Wildlife Service (Service), announce incidental take permits for threatened personal identifying information—may
that Denise and Andy Fisher (applicant) and endangered species are found in 50 be made publicly available at any time.
have applied for an incidental take CFR 17.32 and 17.22. While you may ask us in your comment
permit pursuant to section 10(a)(1)(B) of The Applicant proposes to construct to withhold your personal identifying
the Endangered Species Act (Act) of and permanently occupy a 1,493 square information from public review, we
1973, as amended. We are considering foot single-family residence on a 24.25 cannot guarantee that we will be able to
issuing an 80-year permit to the acre parcel in Mendocino County, do so.
application that would authorize take of California. In addition to the We provide this notice pursuant to
the federally endangered Point Arena construction of the residence, the section 10(a) of the Act and the
mountain beaver (Aplodontia rufa nigra; applicant proposes to construct a regulations for implementing NEPA, as
‘‘PAMB’’) and the federally endangered driveway and a fenced livestock amended (40 CFR 1506.6). We will
Behren’s silverspot butterfly (Speyeria pasture, install power, water and septic evaluate the application, associated
zerene behrensii; ‘‘BSSB’’). The utilities, and plant vegetation. documents, and comments submitted
proposed permit would authorize the Construction and occupation of the thereon to determine whether the
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take of 28 PAMB and 2 BSSB incidental single-family residence would directly application meets the requirements of
to otherwise lawful activities. The impact the PAMB by removing 0.39 NEPA regulations and section 10(a) of
applicant needs the permit because take acres of occupied PAMB habitat, and the Act. If we determine that those
of PAMB and BSSB would occur as a 10.25 acres of potential BSSB habitat on requirements are met, we will issue a
result of construction and occupation of the 24.25-acre parcel. The proposed permit to the Applicant for the

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