[Federal Register Volume 59, Number 243 (Tuesday, December 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31173]


[[Page Unknown]]

[Federal Register: December 20, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
Fish and Wildlife Service

 

Availability of an Environmental Assessment/Habitat Conservation 
Plan and Receipt of an Application for an Incidental Take Permit 
Amendment for the Proposed Canyon Ridge, Phase A, Section 3 
Development, Austin, Travis County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: The Beard Family Partnership (Applicant) has applied to the 
Fish and Wildlife Service (Service) for an amendment to their 
incidental take permit pursuant to section 10(a) of the Endangered 
Species Act (Act). The Applicant has been assigned Permit Number PRT-
777083. The requested amendment, 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 24 
acres, in Austin, Travis County, Texas. The proposed development will 
permanently impact about 24 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 January 19, 1995.

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, 10711 Burnet Road, Suite 200, Austin, Texas 
78758. 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 Service Field 
Office (9:00 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 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-777083 when 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Joe Johnston at the above Austin 
Ecological Services Field Office.

SUPPLEMENTARY INFORMATION: The proposed development will consist of the 
construction of residential units (single-family and multi-family 
residences) in northwest Travis County, Texas. The propose development 
will comply with all local, State, and Federal environmental 
regulations addressing environmental impacts associated with this type 
of development.
    A conservation plan has been developed as mitigation for the 
incidental take of golden-cheeked warblers and its habitat. This plan 
includes the following features:
     Minimizing clearing of occupied warbler habitat,
     Conducting clearing and construction activities within 300 
feet of an occupied warbler territory outside of the warbler's breeding 
season,
     Donating $90,000 for the purchase and dedication (to a 
conservation entity approved by the Service) of occupied goldencheeked 
warbler habitat,
     Providing operational and maintenance funds ($30,000) for 
the acquired preserve lands,
     Revegetating developed areas with native vegetation, and
     Onsite dedication of conservation easements totalling 2.2 
acres in occupied warbler habitat, with these areas also containing 
populations of canyon mock-orange (Philadelphus ernestii), a candidate 
(C2) plant species.
    In addition to what is proposed by the Applicant, the Service will 
require the Applicant to complete the following activities as part of 
the permit conditions:
    1. Provide territorial mapping surveys for the warbler following 
International Bird Census Committee or other approved procedures within 
and 500 feet out from the southern and western boundaries of Phase A, 
Section 3 in 1995 (where adjacent landowners will allow). This area 
will be surveyed in 1996 and 1997 using the protocol established and in 
effect by the Service for presence/absence surveys. This survey format 
of one territorial survey and two presence/absence surveys will 
continue until the third breeding season after buildout of the project 
site, at which time a final territorial mapping survey will be 
completed. Buildout for the residential area is considered to be when 
95 percent of the houses are constructed and occupied.
    2. The monies identified in the original PRT-777083 and this 
amendment must be conveyed to an entity approved by the Service within 
30 days of issuance of this amendment.
    3. In order to offset the impacts of this development to the 
maximum extent reasonable and practicable, the Service believes 48 
acres of occupied habitat would be necessary to be purchased and 
maintained by the Applicant in the Bull Creek or Cypress Creek 
watersheld in close proximity to other lands set aside for the 
conservation of the warbler.
    Details of the mitigation proposed are provided in the Canyon 
Ridge. Phase A, Section 3 Environmental Assessment/Habitat Conservation 
Plan. These conservation plan actions ensure that the criteria 
established for issuance of an incident take permit will be fully 
satisfied.
    The Applicant considered four alternatives, including an alternate 
site location, alternate site design, delaying development until a 
regional section 10(a)(1)(B) permit is issued, and no action. Details 
of the mitigation are provided in the Environmental Assessment/Habitat 
Conservation Plan for the Canyon Ridge, Phase A Development.
James A. Young,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 94-31173 Filed 12-19-94; 8:45 am]
BILLING CODE 4310-55-M