[Federal Register Volume 61, Number 193 (Thursday, October 3, 1996)]
[Notices]
[Page 51715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25311]


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DEPARTMENT OF THE INTERIOR

Notice of Availability of an Environmental Assessment/Habitat 
Conservation Plan and Receipt of Application for Incidental Take Permit 
for Construction of One Single Family Residence on 1.68 Acres on 6800-3 
Whitecliff Road, Austin, Travis County, TX

SUMMARY: Earlynn G. McIntyre (applicant) has 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-818877. The requested permit, which is 
for a period of 5 years, would authorize the incidental take of the 
endangered golden-cheeked warbler (Dendroica chrysoparia). The proposed 
take would occur as a result of the construction of one single family 
residence on 1.68 acres on 6800-3 Whitecliff Road, Austin, Travis 
County, Texas.
    This action will eliminate less than one-half acre and indirectly 
impact less than one-half additional acre of golden-cheeked warbler 
habitat. The applicant proposes to compensate for this loss of golden-
cheeked warbler habitat by placing $1,500 into the City of Austin 
Balcones Canyonlands Conservation Fund to acquire/manage lands for the 
conservation of the golden-cheeked warbler.
    The Service has prepared the Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) for the incidental take applications. 
Alternatives to this action were rejected because selling or not 
developing the subject property with federally listed species present 
was not economically feasible.
    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 November 4, 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 Austin address. 
Written data or comments concerning the application(s) and EA/HCPs 
should be submitted to the Field Supervisor, at the Austin Ecological 
Services Field Office at the address above. Please refer to permit 
number PRT-818877 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Joseph E. Johnston or 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.

    Dated: September 23, 1996.
Frank S. Shoemaker,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 96-25311 Filed 10-02-96; 8:45 am]
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