[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19477]
[[Page Unknown]]
[Federal Register: August 10, 1994]
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DEPARTMENT OF THE INTERIOR
Availability of an Environmental Assessment/Habitat Conservation
Plan and Receipt of an Application for an Incidental Take Permit for
the Proposed Westminster Glen Subdivision, Austin, Travis County, TX
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of Availability.
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SUMMARY: MaBe, Inc. (Applicant) has applied to the Fish and Wildlife
Service (Service) for an incidental take permit pursuant to Section
10(a)(1)(B) of the Endangered Species Act (Act). The Applicant has been
assigned permit number PRT-793122. The requested permit, which is for a
period not to exceed 10 years, would authorize the incidental take of
the endangered golden-cheeked warbler (Dendroica chrysoparia). The take
would occur as a result of the construction of and operation of a
residential development on a 270-acre tract in Austin, Travis County,
Texas.
The Service has prepared an environmental assessment/habitat
conservation plan (EA/HCP) for the incidental take permit application.
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 and EA/HCP should be
received on or before September 9, 1994.
ADDRESSES: Persons wishing to review the application may obtain a copy
by writing to the Assistant Regional Director, Ecological Services,
U.S. Fish and Wildlife Service, P.O. Box 1306, Albuquerque, New Mexico
87103. Persons wishing to review the EA/HCP may obtain a copy by
contacting Mr. Bryan Arroyo, Ecological Services Field Office, U.S.
Fish and Wildlife Service, 611 East Sixth Street, Suite 407, Austin,
Texas 78701 (512/482-5436). Documents will be available by written
request for public inspection, by appointment, during normal business
hours (8:00 to 4:00) at the Southwest Regional Office, Division of
Endangered Species/Permits, U.S. Fish and Wildlife Service, P.O. Box
1306, Albuquerque, New Mexico 87103, or the Ecological Services Field
Office (8:00 to 4:30), U.S. Fish and Wildlife Service, 611 East Sixth
Street Suite 407, Austin, Texas 78701. Written data or comments
concerning the application and EA/HCP should be submitted to Ms. Jana
Grote, Acting Field Supervisor, Ecological Services Field Office,
Austin, Texas (see ADDRESSES above). Please refer to file number PRT-
793122 when submitting comments.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Arroyo at the above Austin
Ecological Services Field Office address.
SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the
``Taking'' of endangered species, like the golden-cheeked warbler.
However, the Service, under limited circumstances, may issue permits to
take endangered wildlife species if 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 Applicant plans to build a residential development located
northwest of Austin near the intersection of Ranch Road 2222 and City
Park Road in Travis County, Texas. The development will occupy
approximately 116 acres with the remaining 153 acres proposed as a
conservation area. These activities will permanently eliminate about
107 acres of occupied golden-cheeked warbler habitat. The Applicant
proposes to mitigate the incidental take via preservation and
management of about 153 acres as a golden-cheeked warbler preserve
through a conservation easement. Additionally, the Applicant will
conduct territorial mapping surveys on lands adjacent to the proposed
development, provide operating and maintenance funds for the lands (on-
site 153 acres) to be preserved, conduct the necessary biological
surveys, minimize clearing of lots, establish a 300-foot buffer of no
construction from a golden-cheeked warbler territory during the
breeding season, and revegetate with native plant species.
The Applicant considered three alternatives but rejected two of
them because they were not economically viable.
James A. Young,
Assistant Regional Director, Ecological Services, Southwest Region (2).
[FR Doc. 94-19477 Filed 8-9-94; 8:45 am]
BILLING CODE 4310-55-P
