[Federal Register Volume 59, Number 177 (Wednesday, September 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22663]


[[Page Unknown]]

[Federal Register: September 14, 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 Treetops Residential Development in Travis County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: J.P.I. Texas Development 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-790130. 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 of a 20 acre residential development, in Travis County, 
Texas. The proposed development will eliminate about 20 acres and 
impact an additional 48 acres of occupied and/or potential endangered 
species habitat.
    The Service has prepared an Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) 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 should be received on or 
before October 14, 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 Ann Henry, 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 for public inspection by 
written request, by appointment only, 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 should be submitted to the Acting Field Supervisor, 
Ecological Services Field Office, Austin, Texas (see ADDRESSES above). 
Please refer to permit number PRT-790130 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Ann Henry at the above Austin 
Ecological Services Field Office address.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of endangered species such as the golden-cheeked warbler. 
However, the Service, under limited circumstances, may issue permits to 
take endangered wildlife species 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 subdivision in northwest 
Austin, Travis County, Texas. An Environmental Assessment/Habitat 
Conservation Plan has been prepared for the construction of the 20 acre 
residential subdivision. As mitigation for the incidental taking of the 
golden-cheeked warbler, the Applicant proposes to preserve 71 acres of 
occupied warbler habitat in the Bull Creek drainage; minimize the 
clearing of vegetation; and schedule work outside of the warbler's 
breeding season (August 1 through March 1).
    The Applicant considered four alternatives but rejected three of 
them because they were not economically viable.
James A. Young,
Assistant Regional Director, Ecological Services, Southwest Region (2).
[FR Doc. 94-22663 Filed 9-13-94; 8:45 am]
BILLING CODE 4310-55-P