[Federal Register Volume 63, Number 76 (Tuesday, April 21, 1998)]
[Notices]
[Page 19740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10456]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Availability of an Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) and Receipt of Application for Incidental 
Take Permit for Construction and Operation of a Residential and 
Commercial Development on Approximately 590 Acres of the 1,277-Acre 
Highlands of Lakeway Property, Lakeway, Travis County, Texas

SUMMARY: Lakeway Partners, L.L.C. (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-812696. 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 result of the construction and operation of a 
residential and commercial development on approximately 590 acres of 
the 1,277-acre parcel. All construction will occur on the 1,277-acre 
Highlands of Lakeway Property located in Austin, Travis County, Texas.
    The Service has prepared the EA/HCP for the incidental take 
application. A determination of jeopardy to the species or a Finding of 
No Significant Impact (FONSI) will not be made until at least 30 days 
from the date of publication of this notice. This notice is provided 
pursuant to Section 10(c) of the Act and the National Environmental 
Policy Act regulations (40 CFR 1506.6).

DATES: Written comments on the application should be received on or 
before May 21, 1998.

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 Sybil Vosler, Ecological 
Services Field Office, 10711 Burnet Road, Suite 200, Austin, Texas 
78758 (512/490-0063).
    Documents will be available for public inspection by appointment 
only during normal business hours (8:00 a.m. to 4:30 p.m.) at the U.S. 
Fish and Wildlife Service, Austin, Texas office. Written data or 
comments concerning the application and EA/HCP should be submitted to 
the Field Supervisor, Ecological Field Office, U.S. Fish and Wildlife 
Service, 10711 Burnet Rd., Austin, Texas 78758. Please refer to permit 
number PRT-812696 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Sybil Vosler 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 permits to 
take endangered wildlife species incidental to, and not the purpose of, 
otherwise lawful activities. Regulations governing permits for 
endangered species are at 50 CFR 17.22.
    Applicant: Lakeway Partners, L.L.C. plans to construct a 
residential and commercial development on approximately 590 acres of 
the 1,277-acre tract and purchase 321 mitigation credits from the 
Lakeway Mitigation Account. The Lakeway Mitigation Account provided 
$3.5 million to the City of Austin to enable the purchase of the 
approximately 942-acre Ivanhoe tract containing essential, high-quality 
golden-cheeked warbler habitat to be included in the Balcones 
Canyonlands Preserve in perpetuity. The construction will be located at 
the Highlands of Lakeway property located on the south side of Lake 
Travis immediately west of the City of Lakeway and approximately 18 
miles west-northwest of the downtown City of Austin.
    Alternatives to this action were rejected because selling or not 
developing the subject property with federally listed species present 
was not economically feasible.
Geoffery L. Haskett,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 98-10456 Filed 4-20-98; 8:45 am]
BILLING CODE 4510-55-P