Availability of an Environmental Assessment/Habitat Conservation Plan and Receipt of an Application for an Incidental Take Permit for the Proposed Davenport Ranch Development, Austin, Travis County, TX

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 Davenport Ranch Development, Austin, Travis County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Davenport Limited (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-782829. The requested permit, which

is for a period not to exceed 20 years, would authorize the incidental

take of the endangered black-capped vireo (Vireo atricapillus). The

proposed take would occur as a result of the construction and operation

of a residential development within the 210-acre tract of lands known

as Davenport Ranch west of 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 (9:00 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 permit number PRT-

782829 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Arroyo or Mr. Joe Johnston

at the above Austin Ecological Services Field Office address.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the

``Taking'' of endangered species, like the black-capped vireo. 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 west

of Austin approximately 2 miles north of the intersection of Highway

360 and Farm to Market road 2244 in Travis County, Texas. The

development will occupy approximately 107.8 acres with 22.5 acres

proposed as parkland and 13.9 acres as greenbelt. These activities will

permanently eliminate about 33 acres of occupied and/or suitable black-

capped vireo habitat. The Applicant proposes to mitigate the incidental

take by avoiding direct impacts to vireos, preserving undeveloped areas

in their natural state, and by creating, enhancing, and maintaining 100

acres of black-capped vireo habitat offsite.

The Applicant considered five alternatives but rejected four of

them because they were not economically viable.

James A. Young,

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

[FR Doc. 94-19476 Filed 8-9-94; 8:45 am]

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