Endangered and Threatened Wildlife and Plants: Notice of Availability and Opening of Comment Period for an Application for an Incidental Take Permit to Allow Take of an Endangered Species by Cinergy Corporation, Gibson County, IN, and National Environmental Policy Act Determination

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[TE 016724]

Endangered and Threatened Wildlife and Plants: Notice of

Availability and Opening of Comment Period for an Application for an

Incidental Take Permit to Allow Take of an Endangered Species by

Cinergy Corporation, Gibson County, IN, and National Environmental

Policy Act Determination

SUMMARY: The US Fish and Wildlife Service (Service) provides notice of

the availability of a Habitat Conservation Plan (HCP) and Incidental

Take Permit Application received from Cinergy Corporation, Gibson

County, Indiana, and the Service's National Environmental Policy Act

Determination for the proposed action of permit issuance. In 1986, a

single pair of endangered interior least terns (Sterna antillarum)

nested at Cinergy's Gibson Generating Station in Gibson County,

Indiana. Since that time, the least tern colony at the facility has

grown. The most terns ever recorded in a single year was in 1998 when

an estimated 85 adult terns, 63 nests, and 72 fledged young were

present. Since the initial discovery, Cinergy has worked with the

Indiana Department of Natural Resources and the Service to maintain

conditions favorable for successful tern production at the Gibson

Generating Station. All tern nesting habitat at the Gibson Generating

Station was created as the result of the construction and maintenance

of the facility. No tern habitat existed at this site prior to

construction of the generating station and associated facilities.

Cinergy has voluntarily enhanced the habitat to maintain and improve

nesting conditions for least terns. Cinergy proposes to continue

efforts to enhance nesting opportunities for least terns on the

facility. However, some least tern nesting has occurred in active ash

disposal areas and on access roads to these areas and Cinergy

acknowledges that the operation and maintenance of the Gibson

Generating Station entails some potential for incidental take. The

applicant has submitted an HCP detailing their proposal for management

of least terns at the facility, and seeks an incidental take permit for

a 5 year period. The proposed take of least terns (adults, chicks, or

eggs) will not exceed 5% of the estimated maximum adult population

present on the facility in any given year. The net result of activities

proposed in Cinergy's HCP will be an increase in suitable tern nesting

habitat; no existing habitat will be destroyed. However, attempts may

be made to make ash disposal areas and associated access roads, areas

where there is potential for incidental take of terns, less attractive

as potential nesting sites. Cinergy will continue to maintain the core

nesting area at the Gibson Generating Station in a condition favorable

for least tern nesting. In addition, Cinergy will assist in the

development of the 187-hectare Cane Ridge Wildlife Area, which will

include creation of least tern nesting units. These tern nesting units,

which will be immediately adjacent to the Gibson Generating Station,

will be owned and managed by the Service and will provide additional

suitable habitat for least terns. The HCP and Incidental Take Permit

Application are available for public review and comment for a

[[Page 48190]]

period of 30 days. In addition, the Service has determined that the HCP

meets the criteria for a ``Low Effect'' HCP and has determined that it

qualifies for a Categorical Exclusion. This NEPA determination is

available for review by interested parties. All comments received,

including commentors names and addresses, will become part of the

Service's Administrative Record and may be made available to the

public.

DATES: Written comments on the Habitat Conservation Plan/Incidental

Take Permit Application and the Service's NEPA Determination must be

received on or before October 4, 1999.

ADDRESSES: Persons wishing to review the application and associated

documents may obtain copies by writing to the Regional HCP/NEPA

Coordinator, Fish and Wildlife Service, 1 Federal Drive, Fort Snelling,

Minnesota 55111-4056. Documents will be available for public inspection

by appointment only, during normal business hours (8:00-4:30), at the

US Fish and Wildlife Service, 1 Federal Drive, Fort Snelling,

Minnesota, (612-713-5350) and at the US Fish and Wildlife Service, 620

South Walker Street, Bloomington, Indiana (812-334-4261). Written

comments should be submitted to the Regional HCP/NEPA Coordinator at

the address listed above or via FAX at 612-713-5292. Please refer to

permit number TE 016724 when submitting comments.

FOR FURTHER INFORMATION, CONTACT: Ms. Lisa Mandell, Regional HCP/NEPA

Coordinator, at (612) 713-5350.

Dated: August 27, 1999.

Charles M. Wooley,

Assistant Regional Director, Ecological Services, Region 3, Fort

Snelling, Minnesota.

[FR Doc. 99-22918 Filed 9-1-99; 8:45 am]

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