[Federal Register Volume 59, Number 247 (Tuesday, December 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31734]


[[Page Unknown]]

[Federal Register: December 27, 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 
Construction of a Single Family Residence at Lot 37, Section 4, Block 
D, Jester Point 2, Austin, Travis County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Richard J. Smith (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-787880. The requested permit, which is 
for a period of 5 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 single family 
residence at Lot 37, Section 4, Block D, Jester Point 2, 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 EA/HCP should be 
received on or before January 26, 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 Joseph E. Johnston, Ecological Services Field Office, 10711 
Burnet Road, Suite 200, Austin, Texas 78758 (512/490-0063). 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, 10711 Burnet Road, Suite 200, Austin, Texas 
78758. 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-787880 when submitting comments.

FOR FURTHER INFORMATION CONTACT:
Joseph E. Johnston at the above Austin Ecological Service 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.
    Richard J. Smith plans to construct a single family residence at 
Lot 37, Section 4, Block D, Jester Point 2 Subdivision, Travis County, 
Texas. This action will eliminate one half acre of, and indirectly 
impact one additional acre of golden-cheeked warbler habitat. The 
applicant proposes to compensate for this incidental take of golden-
cheeked warbler habitat by placing $2,000 into the City of Austin 
Balcones Canyonlands Conservation Fund to acquire/manage lands for the 
conservation of the golden-cheeked warbler.
    Alternatives to this action were rejected because selling or not 
developing the subject property with federally listed species present 
was not economically feasible.
James A. Young,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 94-31734 Filed 12-23-94; 8:45 am]
BILLING CODE 4310-55-M