[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: 94-19477]


[[Page Unknown]]

[Federal Register: August 10, 1994]


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DEPARTMENT OF THE INTERIOR
 

Availability of an Environmental Assessment/Habitat Conservation 
Plan and Receipt of an Application for an Incidental Take Permit for 
the Proposed Westminster Glen Subdivision, Austin, Travis County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of Availability.

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SUMMARY: MaBe, Inc. (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-793122. The requested permit, which is for a 
period not to exceed 10 years, would authorize the incidental take of 
the endangered golden-cheeked warbler (Dendroica chrysoparia). The take 
would occur as a result of the construction of and operation of a 
residential development on a 270-acre tract in 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 (8:00 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 file number PRT-
793122 when submitting comments.

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

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``Taking'' of endangered species, like 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 located 
northwest of Austin near the intersection of Ranch Road 2222 and City 
Park Road in Travis County, Texas. The development will occupy 
approximately 116 acres with the remaining 153 acres proposed as a 
conservation area. These activities will permanently eliminate about 
107 acres of occupied golden-cheeked warbler habitat. The Applicant 
proposes to mitigate the incidental take via preservation and 
management of about 153 acres as a golden-cheeked warbler preserve 
through a conservation easement. Additionally, the Applicant will 
conduct territorial mapping surveys on lands adjacent to the proposed 
development, provide operating and maintenance funds for the lands (on-
site 153 acres) to be preserved, conduct the necessary biological 
surveys, minimize clearing of lots, establish a 300-foot buffer of no 
construction from a golden-cheeked warbler territory during the 
breeding season, and revegetate with native plant species.
    The Applicant considered three alternatives but rejected two of 
them because they were not economically viable.
James A. Young,
Assistant Regional Director, Ecological Services, Southwest Region (2).
[FR Doc. 94-19477 Filed 8-9-94; 8:45 am]
BILLING CODE 4310-55-P