[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19476]


[[Page Unknown]]

[Federal Register: August 10, 1994]


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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

 

Availability of an Environmental Assessment/Habitat Conservation 
Plan and Receipt of an Application for an Incidental Take Permit for 
the Proposed Davenport Ranch Development, Austin, Travis County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Davenport Limited (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 (Act). The Applicant 
has been assigned permit number PRT-782829. The requested permit, which 
is for a period not to exceed 20 years, would authorize the incidental 
take of the endangered black-capped vireo (Vireo atricapillus). The 
proposed take would occur as a result of the construction and operation 
of a residential development within the 210-acre tract of lands known 
as Davenport Ranch west of Austin, Travis County, Texas.
    The Service has prepared an environmental assessment/habitat 
conservation plan (EA/HCP) for the incidental take permit 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/HCP should be 
received on or before September 9, 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/HCP may obtain a copy by 
contacting Mr. Bryan Arroyo, 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 (8:00 to 4:00) 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 (9:00 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/HCP should be submitted to Ms. Jana 
Grote, Acting Field Supervisor, Ecological Services Field Office, 
Austin, Texas (see ADDRESSES above). Please refer to permit number PRT-
782829 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Arroyo or Mr. Joe Johnston 
at the above Austin Ecological Services Field Office address.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``Taking'' of endangered species, like the black-capped vireo. 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 located west 
of Austin approximately 2 miles north of the intersection of Highway 
360 and Farm to Market road 2244 in Travis County, Texas. The 
development will occupy approximately 107.8 acres with 22.5 acres 
proposed as parkland and 13.9 acres as greenbelt. These activities will 
permanently eliminate about 33 acres of occupied and/or suitable black-
capped vireo habitat. The Applicant proposes to mitigate the incidental 
take by avoiding direct impacts to vireos, preserving undeveloped areas 
in their natural state, and by creating, enhancing, and maintaining 100 
acres of black-capped vireo habitat offsite.
    The Applicant considered five alternatives but rejected four of 
them because they were not economically viable.
James A. Young,
Assistant Regional Director, Ecological Services, Southwest Region (2).
[FR Doc. 94-19476 Filed 8-9-94; 8:45 am]
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