Availability of an Environmental Assessment/Habitat Conservation Plan and Receipt of an Application for an Incidental Take Permit for the proposed Cedar Park Waterline in Travis County, Texas

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of an Environmental Assessment/Habitat Conservation

Plan and Receipt of an Application for an Incidental Take Permit for

the proposed Cedar Park Waterline in Travis County, Texas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: The City of Cedar Park (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-788842. 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 water pipeline, in Travis County, Texas. The proposed

development will eliminate about 4.2 acres of occupied and/or potential

endangered species habitat.

The Service has prepared an environmental assessment/habitat

conservation plan (EA/HCP) 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 should be received on or

before August 10, 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 Ann Henry, 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 the State Administrator,

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

Please refer to permit number PRT-788842 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Ann Henry at the above Austin

Ecological Services Field 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 construct a 20,193-foot long water supply

pipeline from Lake Travis eastward to the Williamson County line. An

Environmental Assessment/Habitat Conservation Plan has been prepared

for the project. As mitigation for the incidental taking of the golden-

cheeked warbler, the Applicant proposes to preserve documented perch

trees for the warbler along the route; limit clearing to 35 feet wide

along the route and two 100 feet by 100 feet staging areas in non-

habitat; schedule work during the season when the warblers are absent

from the area (August 1 through March 1); and the purchase and

dedication of 33 acres of occupied warbler habitat to a conservation

organization approved by the Service.

The Applicant considered four alternatives but rejected three

because they were not economically viable.

James A. Young,

Assistant Regional Director, Ecological Services, Southwest Region (2).

[FR Doc. 94-16654 Filed 7-8-94; 8:45 am]

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