[Federal Register Volume 73, Number 96 (Friday, May 16, 2008)]
[Notices]
[Pages 28498-28499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10942]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2008-N0024]; [20124-1113-0000-F2]


Williamson County Regional Habitat Conservation Plan

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability: draft environmental impact statement, 
draft habitat conservation plan, and permit application; announcement 
of a public hearing.

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SUMMARY: Williamson County, Texas (Applicant), has applied to the U.S. 
Fish and Wildlife Service (Service) for an incidental take permit (TE-
181840-0) under section 10(a)(1)(B) of the Endangered Species Act (Act) 
of 1973, as amended. The requested permit, which would be in effect for 
a period of 30 years, if granted, would authorize incidental take of 
the following federally listed species: Golden-cheeked warbler 
(Dendroica chrysoparia), black-capped vireo (Vireo atricapilla), Bone 
Cave harvestman (Texella reyesi), and Coffin Cave mold beetle 
(Batrisodes texanus). The proposed take would occur in Williamson 
County, Texas, as a result of activities including, but not limited to, 
road construction, maintenance, and improvement projects; utility 
construction and maintenance; school development and construction; 
public or private construction and development; and land clearing. Such 
actions cause effects to upland (bird) and underground (karst) 
habitats. Williamson County has completed a draft Habitat Conservation 
Plan (dHCP) as part of the application package. We have issued a draft 
environmental impact statement (dEIS) that evaluates the impacts of, 
and alternatives to, possible issuance of an incidental take permit 
(ITP).

DATES: To ensure consideration, we must receive written comments on or 
before close of business (4:30 p.m. CST) July 15, 2008. We will also 
accept oral and written comments at a public hearing to be held on June 
16, 2008, 5 p.m.to 8 p.m., Williamson County

[[Page 28499]]

Courthouse, Commissioners Court--2nd Floor West, 710 Austin Avenue, 
Georgetown, Texas 78626.

ADDRESSES: You may obtain copies of the dEIS and dHCP by going to the 
Williamson County Conservation Foundation Web site at http://wilcogov.org/wccf/report.htm. Alternatively, you may obtain compact 
disks with electronic copies of these documents by writing to Mr. Adam 
Zerrenner, Field Supervisor, U.S. Fish and Wildlife Service, 10711 
Burnet Road, Suite 200, Austin, TX 78758; calling (512) 490-0057; or 
faxing (512) 490-0974. A limited number of printed copies of the dEIS 
and dHCP are also available, by request, from Mr. Zerrenner. Copies of 
the dEIS and dHCP are also available for public inspection and review 
at the following locations (by appointment only at government offices):

    --Department of the Interior, Natural Resources Library, 1849 C. 
St., NW., Washington, DC 20240.
    --U.S. Fish and Wildlife Service, 500 Gold Avenue, SW., Room 4012, 
Albuquerque, NM 87102.
    --U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, 
Austin, TX 78758.

    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 4012, Albuquerque, NM 87103.

FOR FURTHER INFORMATION CONTACT: Mr. Adam Zerrenner, Field Supervisor, 
U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, 
TX 78758 or (512) 490-0057.

SUPPLEMENTARY INFORMATION: Written comments may be submitted to Mr. 
Adam Zerrenner (see above). We will also accept written and oral 
comments at a public hearing (see DATES).

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. Before including your address, phone 
number, e-mail address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can request in your comment that we withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so. We will not consider anonymous 
comments. All submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, will be made available for public 
disclosure in their entirety.
    Under the National Environmental Policy Act (NEPA), this notice 
advises the public that we have gathered the information necessary to 
determine impacts and formulate alternatives for the EIS related to the 
potential issuance of an ITP to Williamson County; and that the 
Applicant has developed an HCP which describes the measures the 
applicant has agreed to undertake to minimize and mitigate the effects 
of incidental take of federally listed species to the maximum extent 
practicable, pursuant to section 10(a)(1)(B) of the Act.

Background

    Our initial notice of intent to prepare an EIS and hold public 
scoping meetings published in the Federal Register on June 1, 2007 (64 
FR 30604). A summary of comments provided during the 2007 scoping 
periods, which included a public meeting held June 14, 2007, in 
Georgetown, Texas, is available on the Williamson County Conservation 
Foundation Web site at http://wilcogov.org/wccf/report.htm.
    The Williamson County Regional Habitat Conservation Plan (WCRHCP) 
and the conservation program described in the plan were developed in a 
process involving participants and stakeholders from potentially 
affected or interested groups in Williamson County. The groups are 
organized into a Citizens Advisory Committee and a Biological Advisory 
Team that have overseen the development of the WCRHCP. The Williamson 
County Conservation Foundation Web site contains information on 
meetings, documents, and the status of the process.

Proposed Action

    The proposed action involves the issuance of an ITP by the Service 
for covered activities in Williamson County, pursuant to section 
10(a)(1)(B) of the Act. The activities that would be covered by the ITP 
are road construction, maintenance, and improvement projects; utility 
construction and maintenance; school development and construction; 
public or private construction and development; and land clearing. The 
ITP will cover Williamson County, Texas, within the range of the 
covered species.
    The requested term of the permit is 30 years. To meet the 
requirements of a section 10(a)(1)(B) ITP, the Applicant has developed 
and will implement the WCRHCP, which describes the conservation 
measures the Applicant has agreed to undertake to minimize and mitigate 
for incidental take of golden-cheeked warbler, black-capped vireo, Bone 
Cave harvestman, and Coffin Cave mold beetle to the maximum extent 
practicable, and ensures that incidental take will not appreciably 
reduce the likelihood of the survival and recovery of these species in 
the wild.
    Alternatives: Two alternatives to the proposed action we are 
considering as part of this process are:
    1. No Action--No ITP would be issued. This alternative would 
require individuals to seek authorization through section 7 or section 
10(a)(1)(B) to address incidental take resulting from their actions in 
Williamson County or avoid taking actions that would result in 
incidental take.
    2. Modified (Reduced Take and Mitigation) WCRHCP--This alternative 
would only cover take of the golden-cheeked warbler and Bone Cave 
harvestman. The amount of authorized take and mitigation would be 
reduced for both species.
    Section 9 of the Act and its implementing regulations prohibit the 
``taking'' of threatened and endangered species. However, under limited 
circumstances, we may issue permits to take listed wildlife species 
incidental to, and not the purpose of, otherwise lawful activities.
    We provide this notice under section 10(c) of the Act (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA 
(42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 
1506.6). In addition, Chapter 83 of the Texas Parks and Wildlife Code 
places State-law requirements on the development of regional HCPs. In 
accordance with Chapter 83.015(f) of the Code, after notice and 
hearing, a regional HCP, including any mitigation fee, and the size of 
the habitat preserves may be based on any recovery criteria applicable 
to each endangered species to be covered by the regional HCP.

Christopher T. Jones,
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. E8-10942 Filed 5-15-08; 8:45 am]
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