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M-;-IG-96 W i 10:51 ;15 F111C FAX W, 6194319624
<br />Mr. Hutton 2
<br />metalw xk bunerIly (4pozkmia marnw neve subspecies); Delhi Solids jerusalem wicket
<br />(Sren©pelmorus-nein species), convergent apiocerid fly (rfpfocerd'convergens), and,Pringle's
<br />monardella (Maruzrdeitcrpringle#)
<br />The project site contains the largest and most significant remnant of the inland ei*n onfane
<br />sand dunes formation in sout3aera CaUbmia known as the Cohen Dimes (Delhi soils group).
<br />The Colon dunes once covered over approximately 40 square miles in northwestern
<br />Riverside and southwest= San Bervardino Counties, The historic range of the er 4angercd
<br />Delhi Sands flower -loving fly likely extended over mucin of this ansa. Recent data indicate
<br />that over 97 percent of the area containing Delhi soils group has been convened to
<br />agricuimm, developed for urban or commercial uses, or odwrwisc adversely altered for this
<br />listed aniutai and other native plant and animal species. Due to these anthropogenic actions,
<br />the present distribution of%he Delhi Sands flower -hiving fly encompasses less than2 percent
<br />of its fbrmcr range:
<br />Section 9 of the Act prohibits"it
<br />"af any federally listed species. As dvftc d in the
<br />Act, take meatus ".-to harass; h rsue, bunt, shoot, wom:14, kill, trap, capture, or collect,
<br />CT to attrsttpt to c igage in any 5tech conduct," "IiarxCt" has been further defined to include
<br />habitat destruction when it lulls or injures a listed species by interfering with essential
<br />behavioral patterns, sueh as breeding, foraging or testing. Direct impacts will occur f om
<br />tbo proposed project. Additionally, indirect adverse, impacts, :surb as construction of roads,
<br />buildings, or fences,that interrupt or prohibit the movement pattems of a listed species, such
<br />as the Uclhi Sands Bower -loving fly. could be considered "take" by the Service. The term
<br />person is defined as "an individual, corporation, pattnersh€p, trust; association, or any other
<br />private entity; or any officer; employee,agent department, or instrursentaLity of the Federal
<br />government, of arty Stott, municipality, or political' subdivision of a Mate, or any other entity
<br />subject to the jurisdiction of United'Statcs.
<br />Take of endangcrsd'species incidental to an otherwise lawful activity nary be autha d20d by
<br />one of Two procedures. If a federal agency is involved with the permuting, funding, or
<br />carrying out of the project, then initiation of formal "consultation between that agency and the
<br />Service pursuant to sectio¢ 7 of the Act is required if it is determined fti the ptagoscd
<br />project may af€ect a federally listed special. Such consultation would result rn a biological
<br />opinion that addresses the anticipated efleets of the project to the listed species, and may
<br />authorize a limited level rel' incidental take, If aTcdmal agency is not involved Mth the
<br />project, and a federally listed species may be taken as part of the project, then an incidental
<br />take permit pumuent to section 1 Q(a) of Act would meed to be obtained,
<br />'ne Initial Study states that the proposed projass is "...a change on paper only." ("leo
<br />Answers" in "Discussion of Assessmc nt of FAvironmctttal inipact'D. This discussion goes
<br />on to assert that envirorimenual assessments will be pmpatcd us future funding becontcs
<br />available for each project.
<br />The proposed project will significantly affect the I3glhi Sands lower`loviug fly, other
<br />wild] ife, and potential ly waters of the United States; In addition to direct impacts, the
<br />Service is coneenmd about the growth inducing indirect impacts resulting h= the proposed
<br />p, 03
<br />7UL-10-19% 09:58 6194319624' P.03
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