[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Notices]
[Page 71940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34496]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Environmental Assessment/Habitat Conservation 
Plan and Receipt of Application for an Incidental Take Permit for 
Construction and Operation of a Residential and Commercial Development 
on Approximately 471.5 Acres of the 714-Acre Balfour Tract, Austin, 
Travis County, Texas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: BRE/Baldwin, L.P. (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 TE-003593-0. 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 and operation of a 
residential and commercial development on approximately 471.5 acres of 
the 714-acre Balfour Tract located in Austin, Travis County, Texas.
    The Service has prepared the Environmental Assessment/Habitat 
Conservation Plan (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 January 29, 1999.

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 to 4:30). 
Written data or comments concerning the application and EA/HCP should 
be submitted to the Supervisor, Ecological Field Office, U.S. Fish and 
Wildlife Service, 10711 Burnet Rd., Austin, Texas 78758. Please refer 
to permit number TE-003593-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: 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 incidental to, and not the purpose of, 
otherwise lawful activities. Regulations governing permits for 
endangered species are at 50 CFR 17.22.
    Applicant: BRE/Baldwin, L.P. plans to construct a residential and 
commercial development on the 714-acre tract and will preserve a 
minimum of 121 acres of golden-cheeked warbler habitat on-site. An 
additional 124 acres of golden-cheeked warbler habitat will be 
purchased and preserved off-site. The construction will be located at 
the Balfour Tract, located approximately 1-mile east of the City of 
Lakeland Park (across the Colorado River) and approximately 3 miles 
northeast of the Village of Bee Cave and roughly 11 miles west of the 
downtown City of Austin. The preserved areas will be maintained in 
their natural state and title or conservation easement granted in 
perpetuity and will be held by a non-profit conservation organization 
or governmental agency approved by the Service.
    Alternatives to this action were considered; however, increased 
development would result in greater levels of take of golden-cheeked 
warblers, and selling or not developing the subject property with 
federally listed species present was not economically feasible.
Geoffrey L. Haskett,
Acting Regional Director, Region 2, Albuquerque, New Mexico, 
Albuquerque, New Mexico.
[FR Doc. 98-34496 Filed 12-29-98; 8:45 am]
BILLING CODE 4510-55-P