Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for the Proposed Overlook at Cat Mountain Development, Austin, Travis County, TX

DEPARTMENT OF THE INTERIOR

Availability of an Environmental Assessment and Receipt of an

Application for an Incidental Take Permit for the Proposed Overlook at

Cat Mountain Development, Austin, Travis County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Overlook, Incorporated (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-782824. The requested permit, which is

for a period not to exceed 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 a residential development on a 213 acre tract in Austin,

Travis County, Texas.

The Service has prepared an environment assessment (EA) for the

incidental take 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 should be received on

February 23, 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 may obtain a copy by contacting

Robert B. Simpson, 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 to

4) 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 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 should be submitted to the State Administrator,

Ecological Services Field Office, Austin, Texas (see ADDRESSES above).

Please refer to Permit Number PRT-782824 when submitting comments.

FOR FURTHER INFORMATION CONTACT:

Robert B. Simpson at the above Austin Ecological Service Filed Office

address.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the

``Taking'' of any endangered species, including 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 on a 213

acre tract on RR2222 at Far West Blvd., west of Austin, Travis County,

Texas. The development will occupy approximately 86.84 acres including

10.58 acres of impervious cover (i.e., streets, rooftops and driveways)

with the remaining 126.16 acres proposed as conservation areas. These

activities will permanently eliminate about 86.84 acres of occupied

and/or potential endangered species habitat. The applicant proposed to

mitigate the incidental take via dedicating 126.16 acres for open

space, and providing sufficient money to purchase land containing six

golden-cheeked warbler territories adjacent to, or within, a preserve

that is managed for the warbler, and money, or other compensation, to

operate and manage those lands for the life of the permit.

The Applicant considered five alternatives but rejected four of

them because they were not economically viable.

James A. Young,

Assistant Regional Director, Ecological Services, U.S. Fish and

Wildlife Service, Southwest Region (2), Albuquerque, New Mexico.

[FR Doc. 94-1541 Filed 1-21-94; 10:00 am]

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