[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
