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

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]

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