[Federal Register Volume 59, Number 193 (Thursday, October 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24790]


[[Page Unknown]]

[Federal Register: October 6, 1994]


-----------------------------------------------------------------------


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 Barton Creek Development, Austin, Travis County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: F.M. Properties Operating Co., Inc. (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-782833. 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 and operation of a 4,684-acre commercial and 
residential development on a 9,000-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 draft EA/HCP should be 
received on or before November 7, 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 Joe Johnston, 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 and 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 and EA/HCP should be submitted to 
the Acting Field Supervisor, Ecological Services Field Office, Austin, 
Texas (see Addresses above). Please refer to permit number PRT-782833 
when submitting comments.

FOR FURTHER INFORMATION CONTACT:
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 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-Resort and Commercial 
development located just west of Capital of Texas Highway 360, south of 
FM 2244, and north of Highway 290, Austin, Travis County, Texas. The 
development will occupy approximately 4,684 acres. These activities 
will permanently eliminate about 1,036 acres of the 3,830 acres of 
occupied and/or suitable warbler habitat. The Applicant proposes to 
mitigate the incidental take via acquisition and donation of 3,923 
acres of land, provision of operating and maintenance funds for these 
preserve lands, minimize impacts to warbler habitat, avoidance of 
direct impacts to warblers, preservation of undeveloped areas, and 
environmental monitoring.
    The Applicant considered four alternatives but rejected three of 
them because they were not economically viable.
John G. Rogers, Jr.,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 94-24790 Filed 10-5-94; 8:45 am]
BILLING CODE 4310-55-M