[Federal Register Volume 60, Number 138 (Wednesday, July 19, 1995)]
[Notices]
[Pages 37067-37068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17711]



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DEPARTMENT OF THE INTERIOR

Availability of a Habitat Conservation Plan, Environmental 
Assessment, and Receipt of an Application for an Incidental Take Permit 
of Utah Prairie Dog Related to the Development of a 33-Acre Housing 
Community by West Hills, L.L.C., Cedar City, Iron County, Utah

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: West Hills, L.L.C. (Applicant) has applied to the Fish and 
Wildlife Service for an incidental take permit pursuant to section 
10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as amended. 
The Applicant has been 

[[Page 37068]]
assigned Permit Number PRT-804479. The requested permit, which is for a 
period not to exceed 2 years, would authorize the incidental take of 
the threatened Utah prairie dog (Cynomys parvidens). The proposed take 
would occur as a result of development of a 33-acre housing community 
on privately-owned property within the city limits of Cedar City, Iron 
County, Utah.
    The Applicant has prepared a habitat conservation plan and an 
environmental assessment for the incidental take permit application. 
This notice is provided pursuant to section 10(c) of the Act and 
National Environmental Policy Act regulations (40 CFR 1506.6).

DATES: Written comments of the habitat conservation plan, permit 
application, and environmental assessment should be received on or 
before August 18, 1995.

ADDRESSES: Requests for any of the above documents and comments or 
materials concerning them should be sent to the Assistant Field 
Supervisor, Utah Field Office, U.S. Fish and Wildlife Service, 145 East 
1300 South, Suite 404, Salt Lake City, Utah 84115. The documents and 
comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address. Please refer to Permit Number PRT-804479 in all correspondence 
regarding these documents.

FOR FURTHER INFORMATION CONTACT: Robert D. Williams, Assistant Field 
Supervisor, (see ADDRESSES above) (telephone (801) 524-5001 extension 
124, facsimile (801) 524-5021).

SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act 
(Act) of 1973, as amended (16 U.S.C. 1531 et seq.), prohibits the 
``taking'' of any threatened or endangered species, including the Utah 
prairie dog, However, the Fish and Wildlife Service, under limited 
circumstances, may issue permits to take threatened and endangered 
wildlife species if such taking is incidental to, and not the purpose 
of, otherwise lawful activities. Regulations government permits for 
threatened and endangered species are at 50 CFR 17.22.
    West Hills, L.L.C., a small company, wishes to construct 214 
housing units on a 33-acre parcel of property in Cedar City, Iron 
County, Utah. The project also includes installation of associated 
infrastructures including natural gas, sewer, water, and phone; and 
development of streets, parking areas, tennis courts, and a club house. 
Approximately 2 acres on the north side of the property is known to be 
inhabited by the Utah prairie dog, a threatened species.
    The Applicant considered a no action alternative. The prairie dogs 
are situated on the property in such a way that the proposed 
development cannot be planned to avoid them. Furthermore, this is a 
small colony surrounded by industrial and residential development, and 
a State highway. Implementation of the no action alternative would 
cause loss of use of the private property, resulting in an economic 
loss.

    Authority: The authority for this action is the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the 
National Environmental Policy Act of 1969, as amended (42 U.S.C. 
4321 et seq.).

    Dated: July 11, 1995.
Terry T. Terrell,
Regional Director, Denver, Colorado.
[FR Doc. 95-17711 Filed 7-18-95; 8:45 am]
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