[Federal Register Volume 59, Number 15 (Monday, January 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1541]


[[Page Unknown]]

[Federal Register: January 24, 1994]


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DEPARTMENT OF THE INTERIOR
 

Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for the Proposed Overlook at 
Cat Mountain Development, Austin, Travis County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Overlook, Incorporated (Applicant) has applied to the Fish and 
Wildlife Service (Service) for an incidental take permit pursuant to 
Section 10(a) of the Endangered Species Act (Act). The Applicant has 
been assigned Permit Number PRT-782824. The requested permit, which is 
for a period not to exceed 30 years, would authorize the incidental 
take of the endangered golden-cheeked warbler (Dendroica chrysoparia). 
The proposed take would occur as a result of the construction and 
operation of a residential development on a 213 acre tract in Austin, 
Travis County, Texas.
    The Service has prepared an environment assessment (EA) for the 
incidental take application. A determination of jeopardy to the species 
or a Finding of No Significant Impact (FONSI) 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 application and EA should be received on 
February 23, 1994.

ADDRESSES: Persons wishing to review the application may obtain a copy 
by writing to the Assistant Regional Director, Ecological Services, 
U.S. Fish and Wildlife Service, P.O. Box 1306, Albuquerque, New Mexico 
87103. Persons wishing to review the EA may obtain a copy by contacting 
Robert B. Simpson, Ecological Services Field Office, U.S. Fish and 
Wildlife Service, 611 East Sixth Street, suite 407, Austin, Texas 78701 
(512) 482-5436. Documents will be available by written request for 
public inspection, by appointment, during normal business hours (8 to 
4) at the Southwest Regional Office, Division of Endangered Species/
Permits, U.S. Fish and Wildlife Service, P.O. Box 1306, Albuquerque, 
New Mexico 87103, or the Ecological Services Field Office (8 to 4:30), 
U.S. Fish and Wildlife Service, 611 East Sixth Street, suite 407, 
Austin, Texas 78701. Written data or comments concerning the 
application and EA should be submitted to the State Administrator, 
Ecological Services Field Office, Austin, Texas (see ADDRESSES above). 
Please refer to Permit Number PRT-782824 when submitting comments.

FOR FURTHER INFORMATION CONTACT:
Robert B. Simpson at the above Austin Ecological Service Filed Office 
address.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``Taking'' of any endangered species, including the golden-cheeked 
warbler. However, the Service, under limited circumstances, may issue 
permits to take endangered wildlife species if such taking is 
incidental to, and not the purpose of otherwise lawful activities. 
Regulations governing permits for endangered species are at 50 CFR 
17.22.
    The Applicant plans to build a residential development on a 213 
acre tract on RR2222 at Far West Blvd., west of Austin, Travis County, 
Texas. The development will occupy approximately 86.84 acres including 
10.58 acres of impervious cover (i.e., streets, rooftops and driveways) 
with the remaining 126.16 acres proposed as conservation areas. These 
activities will permanently eliminate about 86.84 acres of occupied 
and/or potential endangered species habitat. The applicant proposed to 
mitigate the incidental take via dedicating 126.16 acres for open 
space, and providing sufficient money to purchase land containing six 
golden-cheeked warbler territories adjacent to, or within, a preserve 
that is managed for the warbler, and money, or other compensation, to 
operate and manage those lands for the life of the permit.
    The Applicant considered five alternatives but rejected four of 
them because they were not economically viable.
James A. Young,
Assistant Regional Director, Ecological Services, U.S. Fish and 
Wildlife Service, Southwest Region (2), Albuquerque, New Mexico.
[FR Doc. 94-1541 Filed 1-21-94; 10:00 am]
BILLING CODE 4310-55-M