[Federal Register Volume 60, Number 200 (Tuesday, October 17, 1995)]
[Notices]
[Page 53799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25701]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Environmental Assessment/Habitat Conservation 
Plan and Receipt of Application for Incidental Take Permit for 
Construction of 11 Single Family Residences on 31.26 Acres Located 400 
Feet East of Turtle Lane and Foundation Road, Travis County, Texas

agency: Fish and Wildlife Service, Interior.

action: Notice.

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summary: Rustin Craig Andrus, et al.,(Applicants) have 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 numbers PRT-806828. The requested 
permit, which is for a period of 10 years, would authorize the incident 
take of the endangered golden-checked warbler (Dendroica chrysoparia). 
The proposed take would occur as a result of the construction of 11 
single family residences locate 400 feet east of the intersection of 
Turtle Lane and Foundation Road, Travis County, Texas.
    The Service has prepared the Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) for the incidental take applications. A 
determination of jeopardy to the species of 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 should be received by no 
later than November 16, 1995.

addresses: Persons wishing to review the application of EA/HCP may 
obtain a copy by contacting Joseph E. Johnston or Sybil Vosler, 
Ecological Sciences Field Office, 10711 Burnet Road, Suite 200, Austin, 
TX 78758 (512/490-0063). Documents will be available for public 
inspection by written request, by appointment only, during normal 
business hours (8:00 to 4:30) U.S. Fish and Wildlife Service, Austin, 
Texas. Written data or comments concerning the application(s) and EA/
HCPs should be submitted to the Acting Field Supervisor, Ecological 
Field Office, Austin, Texas (see ADDRESS above). Please refer to permit 
number PRT-806828 when submitting comments.

for further information contact: Joseph E. Johnston or Sybil Vosler 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.
    The action will eliminate less than 11 aces of land and indirectly 
impact less than 15 additional acres of golden-checked warbler habit. 
The applicant proposes to compensate for this incidental take of 
golden-cheeked warbler habitat by preserving 17 acres of habitat and 
providing funds to the Texas Nature Conservancy sufficient 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.
Nancy M. Kaufman,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 95-25701 Filed 10-16-95; 8:45 am]
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