[Federal Register Volume 61, Number 142 (Tuesday, July 23, 1996)]
[Notices]
[Pages 38212-38213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18590]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Availability of an Environmental Assessment/Habitat 
Conservation Plan and Receipt of Application for Incidental Take Permit 
for Construction and Operation of Residential Development on the Seven 
Oaks Ranch Property, in Austin, Travis County, Texas

SUMMARY: Bee Cave Oaks Development, 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-812688. The requested 
permit, which is for a period of 30 years, would authorize the 
incidental take of the endangered golden-cheeked warbler (Dendroica 
chrysoparia), and impacts to the proposed endangered Barton Springs 
salamander (Eurycea sosorum) have been addressed in the associated 
Habitat Conservation Plan. The proposed take on the 304-acre northern 
parcel may occur as a result of the development of 160 residential lots 
on 260 acres. Approximately 44 acres will be preserved as a greenbelt. 
Twenty-six residential lots are planned on approximately 29 acres of 
the 43-acre southern parcel, with 14 acres being preserved as a 
greenbelt. All construction will occur on the 347-acre Seven Oaks Ranch 
Property located in 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 likely 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(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 August 22, 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

[[Page 38213]]

appointment only, during normal business hours (8:00 to 4:30) at the 
Service's Austin, Texas Ecological Services Field Office. Written data 
or comments concerning the application(s) and EA/HCPs should be 
submitted to the Field Supervisor, Ecological Field Office, Austin, 
Texas (see ADDRESS above). Please refer to permit number PRT-812688 
when submitting comments.

FOR FURTHER INFORMATION CONTACT:
Mary Orms 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. 
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

    Bee Cave Oaks Development, Inc. plans to construct 186 residential 
lots and preserve approximately 58 acres of greenbelt areas within the 
347-acre tract. The construction will be located at The Seven Oaks 
Ranch Property, located along Bee Cave Road (Highway 2244) between 
River Hills and Cuernavaca Roads in Austin, Travis County, Texas. This 
action will eliminate approximately 240 acres of habitat and six 
warbler territories. The applicant proposes to compensate for this 
incidental take of golden-cheeked warbler habitat by purchasing 73 
acres of high quality habitat in the 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 area, 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. 96-18590 Filed 7-22-96; 8:45 am]
BILLING CODE 4510-55-M