[Federal Register: September 22, 1999 (Volume 64, Number 183)] [Notices] [Page 51333-51334] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr22se99-92] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Availability of Draft Habitat Conservation Plan, Receipt of Application for; and Intent To Issue, Incidental Take Permit for Installation of a 2,500-foot Television Coaxal Cable on Private Property in Garfield County, UT AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of Availability, Receipt of Application for, and Intent to Issue Permit. ----------------------------------------------------------------------- SUMMARY: South Central Utah Telephone Association (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 TE-017010. The request permit, which is for a period of 1 year, would authorize incidental take of the threatened Utah prairie dog (Cynomys parvidens). The proposed take would occur as a result of installation of a 2,500-feet television coaxal cable on a privately- owned [[Page 51334]] parcel of land located within Garfield County, Utah. The Service has determined that issuance of the incidental take permit meets the criteria for a categorical exclusion under the requirements of the National Environmental Policy Act, and that there is consequently no necessity for the development of an Environmental Assessment. 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 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). DATES: Written comments on the permit application must be received on or before October 22, 1999. ADDRESSES: Persons wishing to review the permit application and/or Habitat Conservation Plan 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 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 TE-017010 in all correspondence regarding these documents. FOR FURTHER INFORMATION CONTACT: David McGillivary, Assistant Field Supervisor or Ted Owens, 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 install a 2,500-foot television coaxal cable within a 10-foot right-of-way across private land parallel to State Route 12 near the junction of U.S. Highway 89 and State Route 12 (Red Canyon Junction), approximately 8 miles southeast of the town of Panguitch, Garfield County, Utah. The cable installation will provide television cable services to the local residents, motels, and recreational vehicle campgrounds located in the area. The installation will impact approximately 0.133 acre of occupied Utah prairie dog habitat, and the Applicant foresees an incidental take of a maximum of four (4) Utah prairie dogs as a result of direct mortality during installation. The Applicant proposes to minimize impacts to Utah prairie dogs through conducting a preconstruction information meeting for construction personnel and through minimization of the cable installation's footprint and the time spent working in occupied Utah prairie dog habitat. The Applicant proposes to compensate for the habitat disturbance resulting from cable installation by payment of $900 per care for each acre impacted, 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, managed by the National Fish and Wildlife Foundation. A no-action alternative to the proposed action was considered, consisting of foregoing the installation of the 2,500 television cable in Utah prairie dog habitat. The no-action alternative was rejected for reasons including loss of use of 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: September 9, 1999. Terry Terrell, Deputy Regional Director, Fish and Wildlife Service, Denver, Colorado. [FR Doc. 99-24684 Filed 9-21-99; 8:45 am] BILLING CODE 4310-55-M