[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Notices]
[Page 54764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18406]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Availability of an Environmental Assessment/Habitat 
Conservation Plan and Receipt of Application for Incidental Take of 
Golden-Cheeked Warbler

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: The Applicant, White Water Springs, L.L.C., 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-110131-0. The requested 
permit, which is for a period of 30 years, would authorize 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 development on 1,758-acres (717 hectares) of 
the White Water Springs property, Burnet County, Texas. The Service has 
prepared the Environmental Assessment/Habitat Conservation Plan (EA/
HCP) for the incidental take application. A determination of jeopardy 
or non-jeopardy to the species and a decision pursuant to the National 
Environmental Policy Act (NEPA) 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: To ensure consideration, written comments must be received on or 
before November 15, 2005.

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 a written or 
telephone request to Sybil Vosler, U.S. Fish and Wildlife Service, 
Ecological Services Office, 10711 Burnet Road, Suite 200, Austin, Texas 
78758 (512/490-0057 extension 225). Documents will be available for 
public inspection by written request or by appointment only during 
normal business hours (8 a.m. to 4:30 p.m.) at the U.S. Fish and 
Wildlife Service Office, Ecological Services Office, 10711 Burnet Road, 
Suite 200, 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, Ecological Services Office, Austin, Texas at 
the above address. Please refer to permit number TE-110131-0 when 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Sybil Vosler, Ecological Services 
Office, 10711 Burnet Road, Suite 200, Austin, Texas 78758 (512/490-0057 
extension 225).

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: White Water Springs, L.L.C., plans to construct a 
residential development on 1,758-acres of the White Water Springs 
property, Burnet County, Texas. This action would adversely affect 
369.1 acres (148.8 hectares) of oak-juniper woodland resulting in take 
of the golden-cheeked warbler. The Applicant proposes to compensate for 
this incidental take of the golden-cheeked warbler by contributing 
$300,000 to a conservation entity for use in the purchase and 
preservation of golden-cheeked warbler habitat within the acquisition 
area of the Balcones Canyonlands National Wildlife Refuge and by 
preserving 20.7 acres (8.3 hectares) of habitat on-site which will be 
managed in perpetuity for the benefit of the golden-cheeked warbler.

Larry G. Bell,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 05-18406 Filed 9-15-05; 8:45 am]
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