[Federal Register Volume 60, Number 34 (Tuesday, February 21, 1995)]
[Notices]
[Pages 9694-9695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4127]



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


DEPARTMENT OF THE INTERIOR

Availability of an Environmental Assessment/Habitat Conservation 
Plan and Receipt of 16 Applications for Incidental Take Permits for 
Construction of 16 Single Family Residences on Foxtree Cove, Section 4, 
Block D, Jester Point 2, Austin, Travis County, Texas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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

SUMMARY: Howard L. Burris, Jr. (Applicant) has applied to the Fish and 
Wildlife Service (Service) for 16 incidental take permits pursuant to 
section 10(a) of the Endangered Species Act (Act). The Applicant has 
been assigned Permit Numbers PRT-798286 and PRT-798288 through PRT-
798302. The requested permits, which are 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 16 single family residences on Foxtree Cove, 
Section 4, Block D, Jester Point 2, Travis County, Texas
    The Service has prepared the final Environmental Assessment/Habitat 
Conservation Plans (EA/HCP) for the incidental take applications. 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 applications and EA/HCP should be 
received on or before March 23, 1995.

ADDRESSES: Persons wishing to review the applications 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(s) 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 applications should be 
submitted to the Acting Field Supervisor, Ecological Services Field 
Office, Austin, Texas (see ADDRESSES above). Please refer to Permit 
Numbers PRT-798286 and PRT-798288 through PRT-798302 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.
    Howard L. Burris, Jr. plans to construct single family residences 
on 16 lots on Foxtree Cove, Section 4, Block D, Jester Point 2 
Subdivision, Travis County, Texas. This action will eliminate less than 
one-half acre of and indirectly impact less than one additional acre of 
golden-cheeked warbler habitat per residence. The applicant proposes to 
compensate for this incidental take of golden-cheeked warbler habitat 
by placing $1,500 for [[Page 9695]] each permit application 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. 95-4127 Filed 2-17-95; 8:45 am]
BILLING CODE 4310-55-M