[Federal Register Volume 60, Number 120 (Thursday, June 22, 1995)]
[Notices]
[Pages 32561-32562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15297]



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


DEPARTMENT OF THE INTERIOR

Finding of No Significant Impact for an Incidental Take Permit 
for the Incidental Take of the Golden-cheeked Warbler During 
Construction of Treetops Residential Development in Travis County, 
Texas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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

SUMMARY: The U.S. Fish and Wildlife Service (Service) has prepared an 
Environmental Assessment/Habitat Conservation Plan for the issuance of 
a Section 10(a)(1)(B) permit for the incidental take of the Federally 
endangered golden-cheeked warbler (Dendroica chrysoparia) during the 
construction and operation of the Treetops residential development in 
Travis County, Texas.

Proposed Action

    The proposed action is the issuance of a permit under Section 
10(a)(1)(B) of the Endangered Species Act to authorize the incidental 
take of the golden-cheeked warbler during construction of the multi-
family housing development.
    The Applicant (J.P.I. Texas Development, Inc.) plans to construct a 
multi-family housing development southwest of the Intersection of 
Capital of Texas Highway (SH360) and Spicewood Springs Road, 7.5 miles  
   N/NE of Austin, Travis County, Texas.
    The proposed 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: 
clearing and construction activities will be conducted outside of the 
warbler's breeding season; purchasing and dedication (to a conservation 
entity approved by the U.S. Fish and Wildlife Service) of 71 acres of 
occupied warbler habitat will be accomplished prior to initiation of 
development activity; planned undeveloped areas of the property will be 
maintain in their natural conditions; minimization or avoidance of 
clearing within the canyon habitats on the development sites, 
particularly the canyon habitat along Bull Creek that warblers are 
likely to utilize; force mains will be used to enable the proposed 
development to place all wastewater lines within road rights-of-way, 
thereby eliminating the need for gravity-fed mains which would 
necessitate the disturbance of warbler habitat in adjacent drainages; 
and follow-up monitoring of golden-cheeked warbler territories onsite 
will be conducted for one or more seasons as needed, following 
completion of the project to determine the affects of the development. 
Results will be reported to the U.S. Fish and Wildlife Service.
    Details of the mitigation are provided in the Treetops 
Environmental Assessment/Habitat Conservation Plan. These conservation 
plan actions ensure that the criteria established for issuance of an 
incidental take permits will be fully satisfied.

Alternatives Considered

    1. No action,
    2. Proposed action, [[Page 32562]] 
    3. Alternative project designs,
    4. Alternate location, and
    5. Wait for issuance of a regional Section 10(a)(1)(B) permit.

Determination

    Based upon information contained in the Environmental Assessment/
Habitat Conservation Plans, the Service has determined that this action 
is not a major Federal action which would significantly affect the 
quality of the human environment with the meaning of Section 102(2)(c) 
of the National Environmental Policy Act of 1969. Accordingly, the 
preparation of Environmental Impact Statements on the proposed action 
is not warranted.
    It is my decision to issue the Section 10(a)(1)(B) permit for the 
construction of multi-family housing in Travis County, Texas.
Nancy M. Kaufman,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 95-15297 Filed 6-21-85; 8:45 am]
BILLING CODE 4310-55-M