[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Notices]
[Pages 18407-18408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10271]



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DEPARTMENT OF THE INTERIOR

Availability of a Habitat Conservation Plan and Receipt of an 
Application for an Incidental Take Permit of Utah Prairie Dog Related 
to the Development of a 29-Acre Manufacturing Site by Smead 
Manufacturing Company, Cedar City, Iron County, UT

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: The Smead Manufacturing Company (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 assigned Permit Number PRT-814008. The 
requested permit, which is for a period not to exceed 5 years, would 
authorize the incidental take of the threatened Utah prairie dog 
(Cynomys parvidens), The proposed take would occur as a result of the 
development of a 29 acre site owned by Smead Manufacturing Company in 
Cedar City, Iron County, UT.
    The Applicant has prepared a habitat conservation plan for the 
incidental take permit application. This notice is provided pursuant to 
section 10(c) of the Act. An Environmental Assessment will comply with 
the Environmental Policy Act regulations (40 CFR 1508.4).

DATES: Written comments on the habitat conservation plan and permit 
application must be received on or before may 28, 1996.

ADDRESSES: Requests for any of the above documents and comments of 
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, UT 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-814008 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, fascimile (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

[[Page 18408]]

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 Smead Manufacturing Company, a corporation, wishes to construct 
a 312,000 square foot building and appropriate and corresponding 
parking, roadway and walkway facilities in Cedar City, Iron County, UT. 
The construction will impact approximately 29 acres of a 36.95 acre 
lot. The lot is presently inhabited by the Utah prairie dog, a 
threatened species.
    The Applicant considered a no-action alternative. The Applicant's 
current facility is located in an earthquake zone and has recently been 
damaged by an earthquake. The Applicant is, also, unable to expand at 
its present facilities to meet current demand. The Applicant rejected 
the no-action alternative as being dangerous for its employees and 
economically unfeasible.

    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: April 18, 1996.
Ralph O. Morgenweck,
Regional Director, Denver, CO.
[FR Doc. 96-10271 Filed 4-24-96; 8:45 am]
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