[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Notices]
[Pages 14807-14808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8173]



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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 of Three Single Family Residences in Austin, Travis 
County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Jalil and Judy Mirzadegan (Applicant) 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 number PRT-809220. The requested permit, which is 
for a period of 5 years, would authorize the incidental take of the 
endangered golden-checked warbler (Dendroica chrysoparia). The proposed 
take would occur as a result of the construction of three single family 
residences, one each on Lots 54, 55 and 83, and a driveway on Lot 82, 
located on Arkansas Bend Peninsula, north of Fawn Ridge Circle. Austin, 
Travis County, Texas.
    The Service has prepared the Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) for the incidental take applications. A 
determination of whether jeopardy to the species will occur 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 should be received on or 
before May 3, 1996.

ADDRESSES: Persons wishing to review the application may obtain a copy 
by writing to the Regional Director, 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 or Mary 
Orms, 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 4:30) at the above U.S. Fish and 
Wildlife Service address in Austin, Texas.
    Written data or comments concerning the application and EA/HCP 
should be submitted to the Field Supervisor, Ecological Services Field 
Office, Austin, Texas (see ADDRESSES above). Please refer to permit 
number PRT-809220 when submitting comments.


[[Page 14808]]

FOR FURTHER INFORMATION CONTACT: Joseph E. Johnston or Mary Orms at the 
above Austin Ecological Services 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 when such taking is incidental to, and 
not the purpose of, otherwise lawful activities. Regulations governing 
permits for endangered species are at 50 CFR 17.22.

Applicant

    Jalil and Judy Mirzadegan plan to construct three single family 
residences, one each on Lots 54, 55 and 83, and a driveway on Lot 82, 
located on Arkansas Bend Peninsula, north of Fawn Ridge Circle, Austin, 
Travis Country, Texas. This action will eliminate less than 1.5 acres 
of golden-cheeked warbler habitat and indirectly impact less than 1.5 
additional acres of golden-cheeked warbler habitat per residence on 
Lots 54, 55, 82 and 83. The applicant proposes to compensate for this 
habitat loss by placing $1,500 for each residence to be constructed 
into the City of Austin Balcones Canyonlands Conservation Fund to 
acquire/manage lands for conservation of the golden-cheeked warbler.
    Alternatives to this action were rejected because selling the 
subject property with federally listed species present, or not 
developing the property is not economically feasible.
Nancy Kaufman,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 96-8173 Filed 4-2-96; 8:45 am]
BILLING CODE 4510-55-M