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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Coleman-Prewitt Investments (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-791946. 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 residential development on 51 acres, in Austin,

Travis County, Texas. The proposed development will permanently impact

about 100 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 the

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 December 1, 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 Robert B. Simpson, Ecological Services Field Office, U.S.

Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas

78758 (512/490-0057). 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,

Albuquerque, New Mexico, or the Ecological Services Field Office (9:00

to 4:30), U.S. Fish and Wildlife Service, Austin, Texas. 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 ADDRESS above). Please refer to Permit Number PRT-

791946 when submitting comments.

FOR FURTHER INFORMATION CONTACT:

Robert B. Simpson at the above Ecological Services Field Office.

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 7.5 miles

northwest of downtown Austin, Travis County, Texas. An EA/HCP has been

developed as mitigation for the incidental taking of the golden-cheeked

warbler. The Applicant proposes to mitigate the incidental take via

dedicating 60 acres of occupied golden-cheeked warbler habitat as a

permanent preserve, providing funding for the operation and management

of the preserve lands, performing golden-cheeked warbler monitoring and

research studies on the project lands, and avoiding construction

activities within warbler territories during the breeding season.

Details of the mitigation are provided in the EA/HCP for the Hilltown

Property Development. This notice is provided pursuant to Section 10(c)

of the Act and National Environmental Policy Act regulations (40 CFR

1506.6). The Applicant considered three alternatives but rejected two

of them because they were not economically viable.

James A. Young,

Acting Regional Director, Region 2, Albuquerque, New Mexico.

[FR Doc. 94-26980 Filed 10-31-94; 8:45 am]

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