Availability of an Environmental Assessment/Habitat Conservation Plan and Receipt of an Application for an Incidental Take Permit for the Proposed Treetops Residential Development in 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 Treetops Residential Development in Travis County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: J.P.I. Texas Development 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-790130. 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 of a 20 acre residential development, in Travis County,

Texas. The proposed development will eliminate about 20 acres and

impact an additional 48 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 October 14, 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 for public inspection by

written request, by appointment only, 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 should be submitted to the Acting Field Supervisor,

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

Please refer to permit number PRT-790130 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 endangered species such as the golden-cheeked warbler.

However, the Service, under limited circumstances, may issue permits to

take endangered wildlife species 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 subdivision in northwest

Austin, Travis County, Texas. An Environmental Assessment/Habitat

Conservation Plan has been prepared for the construction of the 20 acre

residential subdivision. As mitigation for the incidental taking of the

golden-cheeked warbler, the Applicant proposes to preserve 71 acres of

occupied warbler habitat in the Bull Creek drainage; minimize the

clearing of vegetation; and schedule work outside of the warbler's

breeding season (August 1 through March 1).

The Applicant considered four alternatives but rejected three of

them because they were not economically viable.

James A. Young,

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

[FR Doc. 94-22663 Filed 9-13-94; 8:45 am]

BILLING CODE 4310-55-P