[Federal Register Volume 66, Number 43 (Monday, March 5, 2001)]
[Notices]
[Page 13341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5163]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Availability; Travis County TX; Golden-Cheeked Warbler

    Notice of Availability of an Environmental Assessment/Habitat 
Conservation Plan and Receipt of Application for an Incidental Take 
Permit for the Endangered Golden-cheeked Warbler (Dendroica 
chrysoparia) During Construction and Operation of a Six-Unit 
Condominium and One Single-family Residence on Lots One and Two (29.86 
acres) at the Southwest Corner of Bridge Point Parkway and City Park 
Road, Austin, Travis County, Texas (Gray Mountain).
SUMMARY: Gray Mountain, Ltd. (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 TE-037888-0. 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 
six-unit Condominium and one single-family residence on a portion of 
the 29.86 acres of Lots one and two, Coldwater Section one, Phase A, 
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 60 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 and the EA/HCP should be 
received on or before May 4, 2001.

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, Room 4102, Albuquerque, New Mexico 87103. Persons 
wishing to review the EA/HCP may obtain a copy by written or telephone 
request to Scott Rowin, U.S. Fish and Wildlife Service, Ecological 
Services Office, 10711 Burnet Road, Suite 200, Austin, Texas 78758 
(512/490-0063). Documents will be available for public inspection by 
written request or by appointment only during normal business hours 
(8:00 to 4:30) at the U.S. Fish and Wildlife Service Office, Austin, 
Texas. Data or comments concerning the application and EA/HCP should be 
submitted in writing to the Field Supervisor, U.S. Fish and Wildlife 
Service Office, Austin, Texas at the above address. Please refer to 
permit number TE-037888-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Scott Rowin, at the above U.S. Fish 
and Wildlife Service Office, Austin, TX.

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: Gray Mountain, Ltd. plans to construct and operate a 
six-unit Condominium and one single-family residence, with associated 
access road/driveway, utilities, and other associated improvements and 
facilities, on portions of the approximately 29.86-acre property. As 
proposed, the six-unit condominium will be constructed on Lot One and 
the single-family residence will be constructed on Lot two, Coldwater 
Section one, Phase A, Travis County, Texas. This action will eliminate 
approximately 4.6 acres of habitat and indirectly impact 14.4 
additional acres of golden-cheeked warbler habitat. The Applicant 
proposes to compensate for this incidental take of golden-cheeked 
warbler habitat by donating through fee simple or conservation easement 
to Travis County the remaining 25.26 acres of the property, and 
providing an additional $33,250.00 to the Balcones Canyonlands 
Preserve, as administered by Travis County and managed by the City of 
Austin, for the specific purpose of land acquisition within golden-
cheeked warbler habitat or for the management and maintenance of 
existing preserve lands. This on-site mitigation land is adjacent to 
existing Balcones Canyonlands Preserve land and will be managed by the 
City of Austin as such.

Frank S. Shoemaker, Jr.,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 01-5163 Filed 3-2-01; 8:45 am]
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