[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)]
[Notices]
[Pages 56965-56966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27931]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


 Notice of Availability

SUMMARY: Bon Terre-B, Ltd. (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-817371. 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 development of 35.8 acres on a 
128.2-acre parcel in Lake Pointe IV, 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 
from this action 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 by no 
later than December 5, 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 appointment 
only, during normal business hours (8:00 a.m. to 4:30 p.m.) at the 
above Austin address. Written data or comments concerning the 
application and EA/HCPs should be submitted to the Field Supervisor, at 
the Austin Ecological Services Field Office, at the above address. 
Please refer to

[[Page 56966]]

permit number PRT-817371 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 
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 in 50 CFR 
17.22.

Applicant

    Bon Terre-B, Ltd. plans to develop 35.8 acres of the 128.2-acre 
tract in Lake Pointe IV. The proposed development will be located 
approximately 11.8 miles southwest of Austin, Travis County, Texas. 
This action will eliminate approximately 35.8 acres of habitat and 
three warbler territories. The applicant proposes to compensate for 
this incidental take of golden-cheeked warbler habitat by establishing 
92.4 acres as a conservation area on site.
    The conservation area will be added to the already established 145-
acre Lake Pointe Preserve and will increase the protected acreage in 
the South Lake Austin macrosite. 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. 96-27931 Filed 11-4-96; 8:45 am]
BILLING CODE 4510-55-P