[Federal Register Volume 61, Number 140 (Friday, July 19, 1996)]
[Notices]
[Pages 37760-37761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18397]
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DEPARTMENT OF THE INTERIOR
Notice of Availability of an Environmental Assessment/Habitat
Conservation Plan (EA/HCP) and Receipt of Application for Incidental
Take Permit for Construction and Operation of the Reed Estate Property
by the Volente Group, Inc. in Austin, Travis County, Texas
SUMMARY: The Volente Group, Inc. (applicant) has applied to the U.S.
Fish and Wildlife Service (Service) for an incidental take permit
pursuant to Section 10(a)(1)(b) of the Endangered Species Act (Act).
The Applicant has been assigned permit number PRT-806831. The requested
permit, which is for a period of 30 years, would authorize the
incidental take of the endangered golden-cheeked warbler (Denroica
chrysoparia) and the black-capped vireo (Vireo atricapillus). The
proposed take would occur as a result of the development of a lakefront
mixed-use development and associated roads and utilities on 1,746 acres
of the 2,572.8-acre Reed Estate Property. The property includes two
tracts, Jonestown and Volente. The Jonestown tract is approximately
1,160.9 acres just south of Jonestown, Texas. The Volente tract
includes approximately 1,411.9 acres, and is north of Volente, Texas.
The proposed development will occur on both tracts approximately 16
miles northwest of Austin, Travis County, Texas.
The Service has prepared the EA/HCP for the incidental take
application.
A determination of jeopardy to the species will likely result or a
Finding of No Significant Impact (FONS) 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 August
19, 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 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, Austin,
Texas address. Written data or comments concerning the application and
EA/HCP should be submitted to the Field Supervisor at the above
address. Please refer to permit number PRT-806831 when submitting
comments.
FOR FURTHER INFORMATION CONTACT:
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 and
black-capped vireo. 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
[[Page 37761]]
lawful activities. Regulations governing permits for endangered species
are at 50 CFR 17.22.
Applicant
The Volente Group, Inc. plans to construct a lakefront mixed-use
development and associated roads and utilities on 1,746 acres of the
2,572.8-acre Reed Estate Property. A more detailed description of the
proposed development is available in the EA/HCP. This action will
eliminate 1 to 5 black-capped vireo territories and approximately 557
acres in 23 warbler territories on the Jonestown tract. A total of 640
acres of warbler habitat and 29 warbler territories occur on the
Volente tract and approximately 201 acres and 5 of the Warbler
territories will be eliminated during development.
The applicant proposes to compensate for this incidental take of
golden-cheeked warbler habitat by preserving and maintaining a 827-acre
conservation area on the Volente tract, in perpetuity. Approximately
439 acres of the 640 acres of golden-cheeked warbler habitat will be
included in the 827-acre conservation area and will include 24 of the
29 golden-cheeked warbler territories. The applicant will also include
approximately 33 acres of vireo habitat on the Jonestown tract in a
vireo open space preserve.
The conservation area will be within the Cypress Creek Macrosite
Preserve and the Applicant will manage the conservation area until such
time as the Lower Colorado River Authority (LCRA) or other public or
private non-profit agency accepts fee title dedication and management
responsibility of the land. A deed restriction will be recorded on the
conservation area prohibiting uses of the area that are incompatible
with the conservation needs of the golden-cheeked warbler and black-
capped vireo. The proposed action and other mitigative measures are
explained in detail in the EA/HCP.
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. 96-18397 Filed 7-18-96; 8:45 am]
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