[Federal Register Volume 60, Number 236 (Friday, December 8, 1995)]
[Notices]
[Page 63055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29943]



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DEPARTMENT OF THE INTERIOR

Availability of an Environmental Assessment/Habitat Conservation 
Plan and Receipt of Application for Incidental Take Permit for 
Construction and Operation of a Mixed Use and Residential Development 
in Austin, Travis County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: P-WB Joint Venture (Applicant) has applied to the Fish and 
Wildlife Service for an incidental take permit pursuant to Section 
10(a) of the Endangered Species Act. The Applicant has been assigned 
permit number PRT-808694. The requested permit, which is for a period 
of 10 years, would authorize the incidental take of the endangered 
golden-cheeked warbler (Dendroica chrysoparia), Tooth Cave ground 
beetle (Rhadine persephone), and Bone Cave harvestman (Texella reyesi). 
The proposed take would occur as a result of the construction and 
operation of 138 acres of mixed use and residential development in 
Austin, Travis County, Texas.
    The Service has prepared the Environmental Assessment/Habitat 
Conservation Plan for the incidental take applications. A determination 
of jeopardy to the species or a Finding of No Significant Impact 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 
January 8, 1996.

ADDRESS: Persons wishing to review the application or the EA/HCP may 
obtain a copy by contacting Joseph E. Johnston or Sybil Vosler, 
Ecological Services Field Office, 10711 Burnet Road, Suite 200, Austin, 
Texas 78758 (512/490-0063). Documents will be available for public 
inspection during normal business hours (9 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, Texas (see ADDRESS above). Please 
refer to permit number PRT-808694 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 and 
cave invertebrates. 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.

APPLICANT: P-WB Joint Venture plans to construct and operate 138 acres 
of mixed use and residential development on 333 acres in Austin, Travis 
County, Texas. This action will eliminate the habitat for 13 pairs of 
golden-cheeked warblers. The applicant proposes to compensate for this 
incidental take of golden-cheeked warbler habitat by preserving 135 
acres of golden-cheeked warbler habitat and the preservation and 
maintenance of 52 acres with 5 caves containing the Tooth Cave ground 
beetle and the Bone Cave harvestman for the conservation of the golden-
cheeked warbler and the cave invertebrates.
    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. 95-29943 Filed 12-7-95; 8:45 am]
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