[Federal Register Volume 62, Number 40 (Friday, February 28, 1997)]
[Notices]
[Pages 9204-9205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4995]


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DEPARTMENT OF THE INTERIOR

Availability of Draft Environmental Assessment, Receipt of 
Application for, and Intent to Issue, Incidental Take Permit for 
Development of Church Facility in Cedar City, Iron 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: The Church of Jesus Christ of Latter-Day Saints (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 of 
1973, as amended. The Applicant has been assigned permit number PRT-
825570. The requested permit, which is for a period of 2 years, would 
authorize incidental take of the threatened Utah Prairie Dog (Cynomys 
parvidens). The proposed take would occur as a result of development of 
church facilities on a 6.3-acre privately-owned parcel located 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, 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(c) of the Act and National Environmental Policy Act regulations (40 
CFR 1506.6).


[[Page 9205]]


DATES: Written comments on the permit application must be received on 
or before March 31, 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 inspection by written request, or by appointment 
only, during business hours (8:00 AM to 4:30 PM) 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-825570 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

    The Applicant plans to develop a 6.3-acre church facility, located 
in section 35 in Township 35 South, Range 11 West, Salt Lake Base and 
Meridian, within Cedar City, Iron County, Utah. Development is planned 
to include a meeting house, seminary building, parking area, and 
installation of associated infrastructure such as natural gas, sewer, 
water, electrical power, and telephone service. The construction will 
impact 6.3 acres of Utah Prairie Dog habitat, and the Applicant 
foresees an incidental take of a maximum of 22 Utah Prairie Dogs 
through trapping and relocation and the potential incidental take of no 
more than two Utah Prairie Dogs 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 recovery actions for conservation of the Utah Prairie 
Dog, through contribution to the Utah Prairie Dog Conservation Fund.
    A no-action alternative to the proposed action was considered, 
consisting of foregoing the development of the 6.3-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.

    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 24, 1997.
Terry Terrell,
Deputy Regional Director, Region 6, Denver, Colorado.
[FR Doc. 97-4995 Filed 2-27-97; 8:45 am]
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