[Federal Register Volume 60, Number 236 (Friday, December 8, 1995)]
[Notices]
[Pages 63053-63054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29944]
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DEPARTMENT OF THE INTERIOR
Availability of an Environmental Assessment/Habitat Conservation
Plan and Receipt of Application for Incidental Take Permit for
Construction and Operation of a Residential and Commercial Development
in Wimberely, Hays County, Texas
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice.
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SUMMARY: Douglas J. Barclay (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 PRT-808691. 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 164
acres of residential and commercial development in Wimberely, Hays
County, Texas.
The Service has prepared the Environmental Assessment/Habitat
Conservation Plan (EA/HCP) for the incidental take applications. A
determination of jeopardy to the species or a Finding of No Significant
Impact (FONSI) will not be made before 30 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 should be received on or
before January 8, 1996.
ADDRESSES: Persons wishing to review the application and EA/HCP may
obtain a copy by contacting Joseph E. Johnston or Sybil Vosler,
Ecological Services Field Office, 10711 Burnet Road, suite 200, Austin,
Texas 78758 (512/490-0063). Documents will be available for public
inspection during normal business hours (9 to 4:30) U.S. Fish and
Wildlife Service, Austin, Texas. Written data or comments concerning
the application(s) and EA/HCPs should be submitted to the Acting Field
Supervisor, Ecological Field Office, Austin, Texas (see ADDRESS above).
Please refer to permit number PRT-808691 when submitting comments.
FOR FURTHER INFORMATION CONTACT:
Joseph E. Johnston or 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: Douglas J. Barclay plans to construct and operate
residential and commercial development on 164 acres in Wimberely, Hays
County, Texas. This action will eliminate the habitat for one to two
pairs of golden-cheeked warblers.
[[Page 63054]]
The applicant proposes to compensate for this incidental take of
golden-cheeked warbler habitat by purchasing 20 acres of mitigation
credit from the Nature Conservancy of Texas,Inc. to acquire/manage
lands for the conservation of the golden-cheeked warbler.
Alternatives to this action were rejected because selling or not
developing the subject property with federally listed species present
was not economically feasible.
Nancy M. Kaufman,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 95-29944 Filed 12-7-95; 8:45 am]
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