[Federal Register Volume 60, Number 27 (Thursday, February 9, 1995)]
[Notices]
[Pages 7785-7786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3244]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of a Habitat Conservation Plan, Environmental
Assessment, and Receipt of an Application for an Incidental Take Permit
of Desert Tortoise Related to the Use of the Tuacahn School and
Performing Arts Center Access Road, Ivins, Washington County, Utah
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: Heritage Arts Foundation (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. The Applicant
has been assigned Permit Number PRT-798634. The requested permit, which
is for a period not to exceed 2 years, would authorize the incidental
take of the threatened desert tortoise (Gopherus agassizii). The
proposed take would occur as a result of further improvement and
continued use of an access road to the Tuacahn School and Performing
Arts Center (Tuacahn Center) in Ivins, Washington County, Utah. The
road was constructed by the Applicant but has been deeded to the city
of Ivins. It is anticipated that the road will be paved and will serve
employees, students, and visitors of the Tuacahn Center.
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 [[Page 7786]] the
Act and National Environmental Policy Act regulations (40 CFR 1506.6).
DATES: Written comments on the habitat conservation plan, permit
application, and environmental assessment must be received within 30
days of the date of this publication.
ADDRESSES: Requests for any of the above documents and comments or
materials concerning them should be sent to the Assistant Field
Supervisor, 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.
FOR FURTHER INFORMATION CONTACT:
Robert D. Williams, Assistant Field Supervisor (See ADDRESSES above)
(telephone (801) 524-5001, 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
desert tortoise. However, the Fish and Wildlife Service (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 governing
permits for threatened and endangered species are at 50 CFR 17.22.
The Heritage Arts Foundation, a nonprofit foundation, is currently
constructing the Tuacahn School and Performing Arts Center (Tuacahn
Center) on an 80-acre parcel in Padre Canyon in the city of Ivins,
Washington County, Utah. There is a 2.1 kilometer (1.3 mile) graded
access road to the Tuacahn Center that was constructed 2 years ago. The
access road and the Tuacahn Center site are known to be inhabited by
the desert tortoise, a threatened species.
Development of the Tuacahn Center site and access road has occurred
over the last several years without formal section 7 consultation or a
section 10(a)(1)(B) incidental take permit under the Act. In a December
24, 1991, letter to the Applicant regarding a desert tortoise
``presence or absence'' survey of the site for the Tuacahn Center, the
Service noted that the survey did not find concrete evidence that
desert tortoises inhabited the site proposed for development. No live
desert tortoises, cover sites (such as dens and burrows), or tracks
were found. The Service further stated in the letter that due to the
proximity of the desert tortoise in the project area there would always
be the chance that one or more individuals could move onto the property
that was to be developed or construction activities may impact active
tortoise habitat. Additionally, the Service stated that if a tortoise
was found on the property at any time, all construction and any other
activity that may harm the animal should stop and the Service's Salt
Lake City Office be notified immediately. At that time the Service
would determine the best course of action. A surveyor was contracted by
the Applicant to complete a desert tortoise ``presence or absence''
survey along the then-proposed access road, but the road was
constructed before the survey was started and the surveyor decided not
to conduct the survey. Therefore, a desert tortoise ``presence or
absence'' survey was conducted only on the Tuacahn Center site and not
on the access road.
Two desert tortoises were found dead in 1994 on the access road,
crushed by construction vehicles. As agreed to in a Stipulated
Settlement (Agreement) between the Applicant and the U.S. Department of
Justice dated August 17, 1994, the Applicant prepared a habitat
conservation plan and applied for an individual section 10(a)(1)(B)
incidental take permit from the Service. The habitat conservation plan
addresses the further improvement and continued use of the Tuacahn
Center access road. The Applicant prepared an environmental assessment
as part of the permit application.
The Applicant considered two other alternatives--a no action
alternative and an alternate access road location alternative. The
Applicant rejected the no action alternative because a habitat
conservation plan would not be pursued and no section 10(a)(1)(B)
incidental take permit would be issued. This would violate the
Agreement signed by the Applicant and the Justice Department. In
addition, the road has already been constructed and the Tuacahn Center
is 90 percent completed. Vehicle use of the road continues and is
expected to increase once the Tuacahn Center opens. Without a section
10(a)(1)(B) permit, a risk of further unauthorized take of desert
tortoises is possible. The second alternative that was considered and
rejected was to move the access road to further minimize potentially
adverse impacts to the desert tortoise. The current location of the
access road crosses an area of continuous desert tortoise habitat, yet
it is economically feasible to construct underneath crossings in a
small area. A possible alternate location would be to move the access
road's intersection with Snow Canyon Road to the north at the base of
the talus slope up the mouth of Padre Canyon. Taking the access road
along the base of the cliffs would impact a much larger area crossed by
tortoises and impact other candidate species such as the chuckwalla
(Sauromalus obesus) and gila monster (Helorderma suspectum).
Since 1991, the Washington County Commission has been developing a
regional habitat conservation plan and section 10(a)(1)(B) permit
application for take of desert tortoise in Washington County for the
Upper Virgin River Recovery Unit. When finalized, this proposed
regional habitat conservation plan will incorporate the Tuacahn Center
project area and access road. The proposed Washington County regional
habitat conservation plan is expected to be released by June 1995.
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: February 3, 1995.
Ralph O. Morgenweck,
Regional Director, Denver, Colorado.
[FR Doc. 95-3244 Filed 2-8-95; 8:45 am]
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