[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]


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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