[Federal Register Volume 62, Number 207 (Monday, October 27, 1997)]
[Notices]
[Pages 55652-55653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28348]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of Draft Environmental Assessment, Receipt of
Application for, and Intent To Issue, Incidental Take Permit for
Development of Eight Residential Lots in Panguitch, Garfield County, UT
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability, receipt of application for, and intent
to issue permit.
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SUMMARY: Jose Noriega, Sam Zitting, and Phillip Finch have applied to
the Fish and Wildlife Service for an incidental take permit pursuant to
section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended
(Act). The Applicants have been assigned permit number PRT-835638. 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 eight
residential lots totaling 3.11 acres of privately-owned property
located immediately south of Panguitch, Garfield County, Utah.
The Service has prepared the Environmental Assessment for issuance
of the incidental take permit. The Applicants have 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), and/or issuance of the
incidental take permit, will not be made before 30 days from the date
of publication of this notice. This notice is provided pursuant to
section 10 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 November 26, 1997.
ADDRESSES: Persons wishing to review the permit application may obtain
a copy by writing to the Assistant Field Supervisor, Utah Ecological
Services 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
[[Page 55653]]
inspection by written request, or by appointment only, during business
hours (8:00 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 Ecological
Services Field Office, U.S. Fish and Wildlife Service, Salt Lake City,
Utah (see ADDRESSES above). Please refer to permit number PRT-835638 in
all correspondence regarding these documents.
FOR FURTHER INFORMATION CONTACT:
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.
Applicants
The Applicants plan to develop eight residential lots totaling 3.11
acres, located in section 32 in Township 34 South, Range 5 West, Salt
Lake Base and Meridian, immediately south of Panguitch, Garfield
County, Utah. Development is planned to include homes, garages,
landscaping, streets, driveways, and installation of associated
infrastructure such as natural gas, sewer, water, electrical power, and
telephone service. The construction will impact 3.11 acres of Utah
Prairie Dog habitat, and the Applicants foresee an incidental take of a
maximum of 12 Utah Prairie Dogs through trapping and relocation and as
a result of direct mortality during construction. The Applicants
propose 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 recovery actions for
conservation of the Utah Prairie Dog, through contribution to the Utah
Prairie Dog Conservation Fund. Part or all of this mitigation fee may
be paid for through Service-approved in-kind Utah Prairie Dog habitat
improvement work by the Applicants.
A no-action alternative to the proposed action was considered,
consisting of foregoing the development of the eight lots totaling 3.11
acres 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 Applicants.
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: October 20, 1997.
Ralph O. Morgenweck,
Regional Director, Region 6, Denver, Colorado.
[FR Doc. 97-28348 Filed 10-24-97; 8:45 am]
BILLING CODE 4310-55-M
