[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Notices]
[Pages 39979-39980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19407]


-----------------------------------------------------------------------


DEPARTMENT OF THE INTERIOR

Availability of Environmental Assessment and Receipt of 
Application and Intent to Issue Incidental Take Permit for Development 
of Industrial Complex in Cedar City, Iron County, Utah

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Connel Gower Construction, Inc. (Applicant) has applied to the 
Fish and Wildlife Service (Service) for an incidental take permit 
pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, 
as amended (Act). The Applicant has been assigned permit number PRT-
817340. The requested permit, which is for a period of 20 years, would 
authorize incidental take of the threatened Utah Prairie Dog (Cynomys 
parvidens). The proposed take would occur as a result of development of 
a 63-acre industrial complex located on private property within Cedar 
City, Iron County, Utah.
    The Service has prepared the Environmental Assessment for issuance 
of the incidental take permit. The Applicant has prepared a habitat 
conservation plan as part of the incidental take permit application. A 
determination of whether jeopardy to the species will occur, or a 
Finding of No Significant Impact (FONSI), will not be made before 30 
days from the date of publication of this notice. 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 on the permit application must be received on 
or before August 30, 1996.

ADDRESSES: Persons wishing to review the permit application may obtain 
a copy by writing to the Assistant Field Supervisor, Utah Field Office, 
U.S. Fish and Wildlife Service, 145 East 1300 South Street, Suite 404, 
Salt Lake City, Utah 84115. Documents will be available for public 
inspection by written request, or by appointment only, during business 
hours (8 a.m.to 4:30 p.m.) at the above address.
    Written data or comments concerning the permit application should 
be submitted to the Assistant Field Supervisor, Utah Field Office, U.S. 
Fish and Wildlife Service Salt Lake City, Utah (See ADDRESSES above). 
Please refer to permit number PRT-817340 in all correspondence 
regarding these documents.

FOR FURTHER INFORMATION CONTACT:
Robert D. Williams, Assistant Field Supervisor or Marilet A. Zablan, 
Wildlife Biologist, at the above U.S. Fish and Wildlife Service Office 
in Salt Lake City, Utah (see ADDRESSES above) (telephone: (801) 524-
5001, facsimile: (801) 524-5021).

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of any threatened or endangered species, such as the 
threatened Utah Prairie Dog. However, the Service, under limited 
circumstances, may issue permits to take threatened or endangered 
wildlife species when such taking is incidental to, and not the purpose 
of, otherwise lawful activities. Regulations governing permits for 
threatened and endangered species are at 50 CFR 17.22.

Applicant

    Connel Gower Construction, Inc. plans to develop an approximately 
63-acre industrial park, located in portions of sections 3, 4, 9 and 10 
in Township 36 South, Range 11 West, Salt Lake Base and Meridian, 
within Cedar City, Iron County, Utah. Development is planned to include 
development of streets, parking areas and drainage facilities as well 
as installation of natural gas, sewer, water, electrical power, and 
telephone service in preparation for construction of commercial and 
industrial buildings and facilities. The construction will impact 63 
acres of Utah Prairie Dog habitat, and the Applicant foresees an 
incidental take of an estimated 116 Utah Prairie Dogs through trapping 
and relocation and the potential incidental take of no more than two 
Utah Prairie Dogs per five acres of developed land as a result of 
direct mortality during construction. The Applicant proposes to 
compensate for this habitat loss by payment of $900 per acre for each 
acre developed, to be used for public land management actions for Utah 
Prairie Dog conservation and to implement recover actions for 
conservation of the Utah Prairie Dog, through a Utah Prairie Dog 
Conservation Fund.
    A no-action alternative to the proposed action was considered, 
consisting of foregoing the development of the 63-acre area of Utah 
Prairie Dog habitat. The no-action alternative was rejected for reasons 
including loss of use of the private property, resulting in significant 
economic loss to the Applicant.


[[Page 39980]]


    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 24, 1996.
Wilbur N. Ladd, Jr.,
Acting Regional Director, Denver, Colorado.
[FR Doc. 96-19407 Filed 7-30-96; 8:45 am]
BILLING CODE 4310-55-M