[Federal Register Volume 64, Number 73 (Friday, April 16, 1999)]
[Notices]
[Pages 18927-18928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9659]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Endangered and Threatened Species; Golden-Cheeked Warbler, et al.

ACTION: Notice of receipt of seven applications.

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SUMMARY: This notice advises the public that GDF Realty Investments, 
Ltd. (applicant), in conjunction with Mr. R. James George, Jr., Purcell 
Investments L.P., Parke Properties I, L.P. and Parke Properties II, 
L.P., each entity of Austin, Texas, has applied to the U.S. Fish and 
Wildlife Service (Service) for seven incidental take permits pursuant 
to Section 10(a)(1)(B) of the Endangered Species Act of 1973, as 
amended (Act). The applications have been assigned application file 
numbers PRT-838754, PRT-841088, PRT-841090, PRT-841093, PRT-841117, 
PRT-841120 and PRT-841125. The requested, permits, if issued, would 
each be for a period of 30 years, and would authorize the incidental 
take of the endangered golden-cheeked warbler (Dendroica chrysoparia), 
black-capped vireo (Vireo atriocapillus), Tooth Cave pseudoscorpion 
(Microcreagris texana), Tooth Cave spider (Leptoneta myopica), Tooth 
Cave ground beetle (Rhadine persephone), Kretschmarr Cave mold beetle 
(Texamaurops reddelli), Bee Cave Creek harvestman (Texella reddelli), 
and Bone Cave harvestman (Texella reyesi). The Applicant plans to 
construct and operate commercial and/or residential developments on 
216.4 acres of habitat in the area known as the Hart Triangle and used 
by the golden-cheeked warbler, black-capped vireo, Tooth Cave 
pseudoscorpion, Tooth Cave spider, Tooth Cave ground beetle, 
Kretschmarr Cave mold beetle, Bee Cave Creek harvestman, and/or Bone 
Cave harvestman. The proposed incidental take would occur as a result 
of the construction and operation of these developments on FM 620 at 
Bullick Hollow Road (FM 2222) in Travis County, Texas.
    The Applicant has prepared Habitat Conservation Plans (HCPs) to 
accompany these incidental take permit applications.

DATES: Written comments on the applications and HCPs should be received 
on or before May 17, 1999.

ADDRESSES: Persons wishing to review the applications and HCPs may 
obtain copies by contacting the Regional Director, U.S. Fish and 
Wildlife Service, Division of Ecological Services, P.O. Box 1306, 500 
Gold Avenue, S.W., Albuquerque, New Mexico 87102 (505/248-6920). 
Documents will be available for public inspection by written request, 
by appointment only, during normal business hours (8:00 to 4:30) at the 
Albuquerque Regional Office address above. Written data or comments 
concerning the applications and HCPs should be submitted to the 
Regional Director (Attention: Ecological Services) at the above 
address, in Albuquerque, New Mexico. Please refer to application file 
permit numbers PRT-838754, PRT-841088, PRT-841090, PRT-841093, PRT-
841117, PRT-841120 and PRT-841125 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Leslie Dierauf at the Regional Office 
address noted above (505/248-6651).

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of endangered species such as the golden-cheeked warbler, 
black-capped vireo, Tooth Cave pseudoscorpion, Tooth Cave spider, Tooth 
Cave ground beetle, Kretschmarr Cave mold beetle, Bee Cave Creek 
harvestman, and/or Bone Cave harvestman. 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.
    The seven tracts are within the Balcones Canyonlands Preserve (BCP) 
permit area (Incidental Take Permit PRT-788841) and within or adjacent 
to the Tooth Cave karst fauna area, known as the Four Points cave 
cluster. The Tooth Cave karst fauna area underlies a large portion of 
the total acreage of these seven tracts. The Tooth Cave area contains 
two of the four caves (50%) known to contain Tooth Cave spiders, three 
of the five caves (60%) known to contain Tooth Cave pseudoscorpions, 
and three of the four caves (75%) known to contain Kretschmarr Cave 
mold beetles. Therefore, this property contains a large proportion of 
the known range of three of the six listed cave invertebrates in Travis 
County. Although the full extent of the interconnectivity of the karst 
features in this area is not known, karst is by nature an 
interconnected network of voids, and preserving this interconnectivity 
and the relationship of the karst to activities on the surface is vital 
on these properties.
    The applicant proposes to intensely develop 216.4 acres. The 
applicant has proposed the following for each of the incidental take 
permit applications:
    PRT-838754 [19.6 acres; parcel 8; Tract F; GDF Realty] Shopping 
center on 60% of the property, with bermed stormwater detention 
facilities in areas on the remainder of the property. Minimization, 
mitigation and monitoring measures include the following: run-off 
routed to avoid impacts to the cave preserve, fire ant control 
measures, pesticide and herbicide use to EPA guidelines, all run-off 
directed away from Tooth Cave, all development will occur below the 
1050 contour interval, a contractor who will

[[Page 18928]]

monitor all excavation during the construction phase of the 
development, human use will be restricted to passive recreation, such 
as hiking, and undeveloped areas to be monitored for three years to 
detect warbler, vireo, blue jay, scrub jay and brown-headed cowbird 
populations.
    PRT-841088 [9.74 acres; parcel 3; Tract B; Purcell Investments] 
Shopping center, 60% impervious cover, with stormwater detention 
facilities in areas on remainder of tract. Minimization, mitigation and 
monitoring measures include the following: run-off routed to avoid 
impacts to the cave preserve, fire ant control measures, pesticide and 
herbicide use to EPA guidelines, all run-off directed away from Tooth 
Cave, a contractor who will monitor all excavation during the 
construction phase of the development, human use will be restricted to 
passive recreation, such as hiking, and undeveloped areas to be 
monitored for three years to detect warbler, vireo, blue jay, scrub jay 
and brown-headed cowbird populations.
    PRT-841090 [7.6 acres; parcel 9; Tract G; GDF Realty] Shopping 
center on 60% of property, bermed stormwater detention facilities in 
areas on the remainder of the property. According to this HCP, none of 
the property has been found to be suitable habitat for the warbler or 
vireo. Nevertheless, this HCP states that clearing in occupied warbler 
or vireo habitat will occur only during times of the year when birds 
are not present, human use will be restricted to passive recreation, 
such as hiking, and undeveloped areas to be monitored for three years 
to detect warbler, vireo, blue jay, scrub jay and brown-headed cowbird 
populations. The tract contains karst habitat.
    PRT-841093 [30.47 acres; parcel 7; Tract E; Purcell Investments] 
Residential development on flatter acreage (no acreage or site plan 
submitted), bermed stormwater detention facilities in undeveloped 
areas, road construction mentioned, but the access route not included 
on any map. According to this HCP, none of the property has been found 
to be suitable habitat for the warbler or vireo. Nevertheless, this HCP 
states that clearing in occupied warbler or vireo habitat will occur 
only during times of the year when birds are not present, human use 
will be restricted to passive recreation, such as hiking, and 
undeveloped areas to be monitored for three years to detect warbler, 
vireo, blue jay, scrub jay and brown-headed cowbird populations.
    PRT-841117 [28 acres, parcels 1 & 2; Tract A; Purcell Investments] 
Shopping center, 60% impervious cover, bermed stormwater detention 
facilities to be located on the remaining 40%. Minimization, mitigation 
and monitoring measures include the following: run-off routed to avoid 
impacts to caves, fire ant control measures, pesticides and herbicides 
used according to EPA guidelines, a contractor to monitor all 
excavation during the construction phase, human recreation will be 
restricted to passive recreation, such as hiking, and undeveloped areas 
to be monitored for three years to detect warbler, vireo, blue jay, 
scrub jay and brown-headed cowbird populations.
    PRT-841120 [47 acres; parcel 5 & 6; Tract D; Purcell Investments] 
Mixed-use development on 60% of the property, bermed stormwater 
detention facilities in the remaining areas (the site plan submitted 
suggests slightly less intense use). Minimization, mitigation and 
monitoring measures include the following: run-off from proposed 
commercial development routed to avoid impacts to cave preserves, fire 
ant control measures, pesticides and herbicides used according to EPA 
guidelines, all run-off directed from adjacent preserve, a contractor 
to monitor all excavation during the construction phase of development, 
human use will be restricted to passive recreation, such as hiking, and 
undeveloped areas to be monitored for three years to detect warbler, 
vireo, blue jay, scrub jay and brown-headed cowbird populations.
    PRT-841125 [74 acres; parcel 4; Tract C; Purcell Investments] 
Office and multi-family development on 60% of site, stormwater 
detention facilities located in areas on the remainder of the site, not 
otherwise developed. Minimization, mitigation and monitoring measures 
include the following: run-off to be routed to avoid impacts to the 
cave preserve, fire ant control measures, pesticide and herbicide use 
according to EPA guidelines, a contractor to monitor all excavation 
during the construction phase, human use will be restricted to passive 
recreation, such as hiking, and undeveloped areas to be monitored for 
three years to detect warbler, vireo, blue jay, scrub jay and brown-
headed cowbird populations.
    The HCPs which the applicant has provided do not provide detailed 
descriptions of long-term funding. The summary of environmental effects 
that may occur due to the actions of these projects contain factual 
errors. The draft environmental assessments submitted by the applicant 
also do not contain details of alternative analyses conducted during 
development of the HCPs.
    During the HCP development phase, the Service discussed with the 
applicant various options for minimizing or avoiding species impacts. 
Nevertheless, the applicant has requested that the Service proceed with 
processing the seven applications as submitted.
    Applicant: GDF Realty Investments, Ltd., in conjunction with Mr. R. 
James George, Jr., Purcell Investments L.P., Parke Properties I, L.P. 
and Parke Properties II, L.P., each entity of Austin, Texas, plans to 
construct and operate seven commercial and/or residential developments 
in Travis County, Texas. These actions will take place on 216.4 acres 
of habitat in the area known as the Hart Triangle and used by the 
endangered golden-cheeked warbler, black-capped vireo, Tooth Cave 
pseudoscorpion, Tooth Cave spider, Tooth Cave ground beetle, 
Kretschmarr Cave mold beetle, Bee Cave Creek harvestman, and/or Bone 
Cave harvestman.
Nancy M. Kaufman,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 99-9659 Filed 4-14-99; 11:39 am]
BILLING CODE 4510-55-P