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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: F.M. Properties Operating Co., Inc. (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-782833. 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 and operation of a 4,684-acre commercial and

residential development on a 9,000-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 draft EA/HCP should be

received on or before November 7, 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 Joe Johnston, 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 and 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 and EA/HCP should be submitted to

the Acting Field Supervisor, Ecological Services Field Office, Austin,

Texas (see Addresses above). Please refer to permit number PRT-782833

when submitting comments.

FOR FURTHER INFORMATION CONTACT:

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 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-Resort and Commercial

development located just west of Capital of Texas Highway 360, south of

FM 2244, and north of Highway 290, Austin, Travis County, Texas. The

development will occupy approximately 4,684 acres. These activities

will permanently eliminate about 1,036 acres of the 3,830 acres of

occupied and/or suitable warbler habitat. The Applicant proposes to

mitigate the incidental take via acquisition and donation of 3,923

acres of land, provision of operating and maintenance funds for these

preserve lands, minimize impacts to warbler habitat, avoidance of

direct impacts to warblers, preservation of undeveloped areas, and

environmental monitoring.

The Applicant considered four alternatives but rejected three of

them because they were not economically viable.

John G. Rogers, Jr.,

Regional Director, Region 2, Albuquerque, New Mexico.

[FR Doc. 94-24790 Filed 10-5-94; 8:45 am]

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