[Federal Register Volume 59, Number 210 (Tuesday, November 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26979]


[[Page Unknown]]

[Federal Register: November 1, 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 Wallace Tract Subdivision Development, Austin, Travis 
County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Highway 71 Properties (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-782991. 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 73.3 acres in Austin, Travis 
County, Texas.
    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 and/or EA/HCP should be 
received on or before December 1, 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 Alma Barrera, Ecological Services Field Office, U.S. Fish 
and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758 
(512/490-0057). 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, Ecological Services, U.S. Fish and Wildlife Service, 
P.O. Box 1306, Albuquerque, New Mexico 87103, or the Ecological 
Services Field Office (9 to 4:30), U.S. Fish and Wildlife Service, 
10711 Burnet Road, Suite 200, Austin, Texas 78758. Written data or 
comments concerning the application and/or 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-
782991 when submitting comments.

FOR FURTHER INFORMATION CONTACT:
Alma Barrera 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 government permits for 
endangered species at 50 CFR 17.22.
    The Applicant plans to build a residential subdivision located 
approximately 11.5 miles southwest of Austin, Travis County, Texas. An 
Environmental Assessment/Habitat Conservation Plan has been prepared 
for the construction of the 73.3 acre residential subdivision. As 
mitigation for the incidental taking of the golden-cheeked warbler, the 
Applicant proposes to preserve approximately 9.5 acres of open space as 
conservation and greenbelt easement, acquire and donate 14 acres of 
preserve lands, provide operating and maintenance funds for preserved 
lands, minimize impacts to warbler habitat, avoid direct impacts during 
breeding/nesting season, seek ecologically sensitive chemical 
alternatives, preservation of undeveloped areas, and environmental 
monitoring.
    The Applicant considered five alternatives but rejected four of 
them because they were not economically viable.
James A. Young,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 94-26979 Filed 10-31-94; 8:45 am]
BILLING CODE 4310-55-M