[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: 94-26980]


[[Page Unknown]]

[Federal Register: November 1, 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 Hilltown Property Development, Austin, Travis County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Coleman-Prewitt Investments (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-791946. 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 residential development on 51 acres, in Austin, 
Travis County, Texas. The proposed development will permanently impact 
about 100 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 the 
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 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 Robert B. Simpson, 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 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, 
Albuquerque, New Mexico, or the Ecological Services Field Office (9:00 
to 4:30), U.S. Fish and Wildlife Service, Austin, Texas. 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 ADDRESS above). Please refer to Permit Number PRT-
791946 when submitting comments.

FOR FURTHER INFORMATION CONTACT:
Robert B. Simpson at the above Ecological Services Field Office.

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 7.5 miles 
northwest of downtown Austin, Travis County, Texas. An EA/HCP has been 
developed as mitigation for the incidental taking of the golden-cheeked 
warbler. The Applicant proposes to mitigate the incidental take via 
dedicating 60 acres of occupied golden-cheeked warbler habitat as a 
permanent preserve, providing funding for the operation and management 
of the preserve lands, performing golden-cheeked warbler monitoring and 
research studies on the project lands, and avoiding construction 
activities within warbler territories during the breeding season. 
Details of the mitigation are provided in the EA/HCP for the Hilltown 
Property Development. This notice is provided pursuant to Section 10(c) 
of the Act and National Environmental Policy Act regulations (40 CFR 
1506.6). The Applicant considered three alternatives but rejected two 
of them because they were not economically viable.
James A. Young,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 94-26980 Filed 10-31-94; 8:45 am]
BILLING CODE 4310-55-M