[Federal Register Volume 61, Number 140 (Friday, July 19, 1996)] [Notices] [Page 37761] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-18399] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Notice of Availability of an Environmental Assessment/Habitat Conservation Plan and Receipt of Application to Amend Incidental Take Permit PRT-782829 to Allow Construction and Operation of a Residential and Commercial Development on Davenport Ranch in Austin, Travis County, Texas SUMMARY: Davenport Limited (applicant) has applied to the Fish Wildlife Service (Service) to amend incidental take permit PRT-782829 pursuant to Section 10(a)(1)(b) of the Endangered Species Act (Act). The requested amendment, which is for a period of 30 years, would authorize the incidental take of the endangered golden-cheeked warbler (Dendroica chrysoparia). The proposed take would occur as a result of the development of 185 residential lots and 2 commercial lots with associated streets and utilities on roughly 209 acres of a 272-acre parcel in Davenport Ranch located in Austin, Travis County, Texas. The Service has prepared the Environmental Assessment/Habitat Conservation Plan (EA/HCP) for the amendment. A determination of whether jeopardy to the species is likely to result, 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(a) 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 August 19, 1996. ADDRESSES: Persons wishing to review the application may obtain a copy by writing 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) U.S. Fish and Wildlife Service, Austin, Texas. Written data or comments concerning the application(s) and EA/HCPs should be submitted to the Field Supervisor, Ecological Field Office, Austin, Texas (see ADDRESSES above). Please refer to permit number PRT-782829 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. However, the Service, under limited circumstances, may issue or amend issued 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 Davenport Limited plans to construct 185 residential lots and two commercial lots on a 272-acre parcel in Davenport Ranch. The construction will be located on the south end of approximately 112 acres of habitat and will impact two warbler territories. The applicant proposes to compensate for this loss of golden-cheeked warbler habitat by purchasing 55 acres of the 128-acre Vaughn Tract located north of F.M. 2769, roughly 1.6 miles west of its intersection with Bullick Hollow Road, within the Cypress Creek macrosite preserve area of the Balcones Canyonlands Conservation Plan are, in Travis County. The land will be donated to the Lower Colorado River Authority and funding will be provided for operation and maintenance of the acquired habitat. 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. 96-18399 Filed 7-18-96; 8:45 am] BILLING CODE 4510-55-M