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Federal Register / Vol. 72, No.

109 / Thursday, June 7, 2007 / Notices 31603

this area. We anticipate that all DSF Before including your address, phone We are requesting comments on the
would be lost within the 1.72 acres of number, e-mail address, or other permit application and on the
DSF-occupied habitat. The project site personal identifying information in your preliminary determination that the
does not contain any other rare, comment, you should be aware that proposed HCP qualifies as a ‘‘Low-
threatened or endangered species or your entire comment—including your effect’’ Habitat Conservation Plan,
habitat. No critical habitat for any listed personal identifying information—may eligible for a categorical exclusion under
species occurs on the project site. be made publicly available at any time. the National Environmental Policy Act
The applicant proposes to mitigate the While you can ask us in your comment (NEPA) of 1969, as amended. The basis
effects to the DSF associated with the to withhold your personal identifying for this determination is discussed in
covered activities by fully implementing information from public review, we the Environmental Action Statement
the HCP. The purpose of the proposed cannot guarantee that we will be able to (EAS) and the associated Low Effect
HCP’s conservation program is to do so. Screening Form, which are also
promote the biological conservation of This notice is provided pursuant to available for public review.
the DSF. UPRR proposes to mitigate section 10(c) of the Act. We will DATES: Written comments should be
impacts to the DSF through purchase of evaluate the permit application, the received on or before July 9, 2007.
3 acres of credit within the Colton proposed HCP, and comments ADDRESSES: Comments should be
Dunes Conservation Bank in the City of submitted thereon to determine whether addressed to the Field Supervisor, Fish
Colton, San Bernardino County, the application meets the requirements and Wildlife Service, Carlsbad Fish and
California. of section 10 (a) of the Act. If the Wildlife Office, 6010 Hidden Valley
The Proposed Action consists of the requirements are met, we will issue a Road, Carlsbad, California 92011.
issuance of an incidental take permit permit to the Union Pacific Railroad for Written comments may be sent by
and implementation of the proposed the incidental take of the Delhi Sands facsimile to (760) 918–0638.
HCP, which includes measures to flower-loving fly from double tracking
FOR FURTHER INFORMATION CONTACT: Ms.
mitigate impacts of the project on the and rail and drainage improvements in
Karen Goebel, Assistant Field
DSF. Two alternatives to the taking of the City of Colton, San Bernardino
Supervisor, Carlsbad Fish and Wildlife
the listed species under the Proposed County, California.
Office (see ADDRESSES); telephone: (760)
Action are considered in the proposed Dated: June 1, 2007. 431–9440.
HCP. Under the Curve Reduction Jim A. Bartel, SUPPLEMENTARY INFORMATION:
Alternative, additional incidental take Field Supervisor, Carlsbad Fish and Wildlife
of DSF would be authorized and Office, Carlsbad, California. Availability of Documents
additional construction would be [FR Doc. E7–10975 Filed 6–6–07; 8:45 am] Individuals wishing copies of the
required. Under the No Action BILLING CODE 4310–55–P application, proposed HCP, and EAS
Alternative, no permit would be issued, should immediately contact the Service
and no construction would occur. by telephone at (760) 431–9440 or by
The Service has made a preliminary DEPARTMENT OF THE INTERIOR letter to the Carlsbad Fish and Wildlife
determination that approval of the Office. Copies of the proposed HCP and
proposed HCP qualifies as a categorical Fish and Wildlife Service EAS also are available for public
exclusion under NEPA, as provided by inspection during regular business
the Department of the Interior Manual Proposed Low Effect Habitat
hours at the Carlsbad Fish and Wildlife
(516 DM 2 Appendix 1 and 516 DM 6 Conservation Plan for the Lytle Creek
Office (see ADDRESSES).
Appendix 1) and as a ‘‘low-effect’’ plan Turnout, County of San Bernardino,
as defined by the Habitat Conservation CA Background
Planning Handbook (November 1996). AGENCY: Fish and Wildlife Service, Section 9 of the Act and its
Determination of Low-effect Habitat Interior. implementing Federal regulations
Conservation Plans is based on the ACTION: Notice of availability. prohibit the take of animal species listed
following three criteria: (1) as endangered or threatened. Take is
Implementation of the proposed HCP SUMMARY: The West Valley Water defined under the Act as to harass,
would result in minor or negligible District (applicant) has applied to the harm, pursue, hunt, shoot, wound, kill,
effects on federally listed, proposed, and U.S. Fish and Wildlife Service (Service) trap, capture or collect listed animal
candidate species and their habitats; (2) for a 2-year incidental take permit for species, or attempt to engage in such
Implementation of the proposed HCP one covered species pursuant to section conduct (16 U.S.C. 1538). However,
would result in minor or negligible 10(a)(1)(B) of the Endangered Species under section 10(a) of the Act, the
effects on other environmental values or Act of 1973, as amended (Act). The Service may issue permits to authorize
resources; and (3) Impacts of the application addresses the potential for incidental take of listed species.
proposed HCP, considered together with ‘‘take’’ of the endangered San ‘‘Incidental take’’ is defined by the Act
the impacts of other past, present and Bernardino kangaroo rat (Dipodomys as take that is incidental to, and not the
reasonably foreseeable similarly situated Merriami parvus) associated with the purpose of, carrying out an otherwise
projects, would not result, over time, in proposed pipeline improvement and lawful activity. Regulations governing
cumulative effects to environmental extension project of the City of Rialto incidental take permits for threatened
values or resources which would be and unincorporated San Bernardino and endangered species, respectively,
considered significant. County, California. A conservation are found in the Code of Federal
Based upon this preliminary program to minimize and mitigate for Regulations at 50 CFR 17.22 and 50 CFR
determination, we do not intend to the project activities would be 17.32.
rwilkins on PROD1PC63 with NOTICES

prepare further NEPA documentation. implemented as described in the The applicant is seeking a permit for
We will consider public comments in proposed Lytle Creek Turnout Low take of the San Bernardino kangaroo rat
making the final determination on Effect Habitat Conservation Plan during the life of the permit. This
whether to prepare such additional (proposed HCP), which would be species is referred to as the ‘‘SBKR’’ in
documentation. implemented by the applicant. the proposed HCP.

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31604 Federal Register / Vol. 72, No. 109 / Thursday, June 7, 2007 / Notices

The applicant proposes to replace and would be necessary to reduce impacts to DEPARTMENT OF THE INTERIOR
extend water pipeline service on 1.7 SBKR would be prohibitive.
acres of land located within the Lyle The Service has made a preliminary Fish and Wildlife Service
Creek Wash in the City of Rialto and determination that approval of the
unincorporated San Bernardino County, proposed HCP qualifies as a categorical Proposed Safe Harbor Agreement
California. The purposes of the project exclusion under NEPA, as provided by (SHA) for Northern Idaho Ground
are to (1) increase water delivery the Department of the Interior Manual Squirrels, Adams County, ID
capacity of untreated surface water (516 DM 2 Appendix 1 and 516 DM 6 AGENCY: Fish and Wildlife Service,
(State Water Project Water) from the San Appendix 1) and as a ‘‘low-effect’’ plan Interior.
Gabriel Valley Water District’s as defined by the Habitat Conservation
ACTION: Notice of availability:
transmission pipeline system to the Planning Handbook (November 1996).
environmental action statement (EAS);
West Valley Water District and Fontana Determination of Low-effect Habitat
receipt of application for a permit to
Water Company by replacing two 12- Conservation Plans is based on the
enhancement of survival (EOS) permit/
inch-diameter pipelines with one 30- following three criteria: (1)
SHA.
inch-diameter pipeline and one 36-inch- Implementation of the proposed HCP
diameter pipeline, (2) install a pipeline would result in minor or negligible SUMMARY: We, the U.S. Fish and
to deliver water to a CEMEX aggregate effects on federally listed, proposed, and Wildlife Service (Service), announce
mining operation, and (3) install an candidate species and their habitats; (2) receipt of an application for a 20-year
emergency overflow pipeline that will Implementation of the proposed HCP EOS permit pursuant to section
discharge into existing spreading basins would result in minor or negligible 10(a)(1)(A) of the Endangered Species
for groundwater recharge. We anticipate effects on other environmental values or Act of 1973, as amended (Act), from Bob
that some SBKR may be lost within the resources; and (3) Impacts of the Mack and Carolyn Williams
1.7 acres of SBKR occupied habitat. The proposed HCP, considered together with (applicants). The permit application
project is within designated critical the impacts of other past, present and includes a proposed 3-year SHA
habitat for the SBKR. reasonably foreseeable similarly situated between the applicants and us. We are
The applicant proposes to minimize projects, would not result, over time, in accepting comments on the SHA, permit
and mitigate the effects to the SBKR cumulative effects to environmental application, and EAS.
associated with the covered activities by values or resources which would be DATES: Written comments should be
fully implementing the HCP. The considered significant. received on or before July 9, 2007.
purpose of the proposed HCP’s Based upon this preliminary
ADDRESSES: Address your comments to
conservation program is to promote the determination, we do not intend to
Carmen Thomas, Project Biologist, Fish
biological conservation of the SBKR. prepare further NEPA documentation.
and Wildlife Service, 1387 S. Vinnell
The HCP includes measures to We will consider public comments in
Way, Room 368, Boise, ID 83709
minimize impacts to SBKR by making the final determination on
(telephone: 208–378–5243; facsimile:
containing the project footprint, whether to prepare such additional
208–378–5262).
minimizing activities that may directly documentation.
Before including your address, phone FOR FURTHER INFORMATION CONTACT:
impact individual SBKR, and promoting Carmen Thomas at the above address or
recovery of impacted habitat. Impacts to number, e-mail address, or other
personal identifying information in your by telephone at 208–378–5243.
SBKR habitat would be temporary. The
comment, you should be aware that SUPPLEMENTARY INFORMATION:
applicant proposes to mitigate impacts
to the SBKR through purchase of 2 acres your entire comment—including your Document Availability
of credit within the Cajon Creek personal identifying information—may
be made publicly available at any time. You may obtain copies of the
Conservation Bank in San Bernardino documents for review by contacting the
County, California. While you can ask us in your comment
to withhold your personal identifying individual named above. You also may
The Proposed Action consists of the make an appointment to view the
issuance of an incidental take permit information from public review, we
cannot guarantee that we will be able to documents at the above address during
and implementation of the proposed normal business hours. The documents
HCP, which includes measures to do so.
This notice is provided pursuant to are also available electronically on the
minimize and mitigate impacts of the World Wide Web at
section 10(c) of the Act. We will
project on the SBKR. Three alternatives http://www.fws.gov/idahoes.
evaluate the permit application, the
to the taking of the listed species under
proposed HCP, and comments Public Availability of Comments
the Proposed Action are considered in
submitted thereon to determine whether
the proposed HCP. Under the No Action Before including your address, phone
the application meets the requirements
Alternative, no permit would be issued, number, e-mail address, or other
of section 10(a) of the Act. If the
and no construction or conservation personal identifying information in your
requirements are met, we will issue a
would occur. Under the Reduce Project comment, you should be aware that
permit to the West Valley Water District
Alternative, impacts to SBKR and SBKR your entire comment—including your
for the incidental take of the San
habitat would be reduced; however, the personal information—may be made
Bernardino kangaroo rat from water
pipelines would not properly convey publicly available at any time. While
pipeline improvements in the City of
water to the final destinations. Under you can ask us in your comment to
Rialto and unincorporated San
the Different Location Alternative, the withhold your personal identifying
Bernardino County, California.
pipelines would be relocated to avoid or information from public review, we
reduce impacts to SBKR. This Dated: June 1, 2007. cannot guarantee that we will be able to
rwilkins on PROD1PC63 with NOTICES

Alternative was not chosen because the Jim A. Bartel, do so.


project vicinity is generally occupied by Field Supervisor, Carlsbad Fish and Wildlife
SBKR and the cost of acquiring Office, Carlsbad, California. Background
appropriate rights-of-way and [FR Doc. E7–10976 Filed 6–6–07; 8:45 am] Under SHAs, participating property
constructing the larger project that BILLING CODE 4310–55–P owners voluntarily undertake

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