[Federal Register Volume 61, Number 206 (Wednesday, October 23, 1996)]
[Notices]
[Pages 55013-55014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27139]


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DEPARTMENT OF THE INTERIOR

Availability of an Environmental Assessment/Habitat Conservation 
Plan and Receipt of Application for Incidental Take Permit for 
Construction of Schlueter 33, a 33-acre Commercial Development in 
Travis County, Texas

SUMMARY: 2222 Research Park Limited (applicant) has applied to the U.S. 
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-817362. The requested 
permit, 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 
construction of commercial development on RM 2222 in 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 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 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 Joseph E. Johnston or Sybil 
Vosler, Ecological Services Field Office, 10711 Burnet Road, Suite 200, 
Austin, Texas 78758

[[Page 55014]]

(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 Austin address above. Written data or comments 
concerning the application(s) and EA/HCPs should be submitted to the 
Field Supervisor, Ecological Field Office, Austin, Texas at the address 
above. Please refer to permit number PRT-817362 when submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Joseph E. Johnston or Sybil Vosler 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: 2222 Research Park Limited plans to construct a 
commercial development in Travis County, Texas. This action will 
eliminate less than 18 acres of occupied golden-cheeked warbler habitat 
and indirectly impact less than 25 additional acres of golden-cheeked 
warbler habitat.
    The applicant proposes to compensate for this incidental take of 
golden-cheeked warbler habitat by purchasing approximately 71 acres of 
golden-cheeked warbler habitat located within the same watershed or 
adjacent habitat in Travis County through an accepted conservation 
entity and providing for the 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.
Lynn B. Starnes,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 96-27139 Filed 10-22-96; 8:45 am]
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