Notice of Extension of Public Comment Period on an Environmental Assessment/Habitat Conservation Plan for an Incidental Take Permit for the Proposed Barton Creek Development, Austin, Travis County, Texas

DEPARTMENT OF THE INTERIOR

Notice of Extension of Public Comment Period on an Environmental

Assessment/Habitat Conservation Plan for an Incidental Take Permit for

the Proposed Barton Creek Development, Austin, Travis County, Texas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of extension of public comment period.

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

SUMMARY: The U.S. Fish and Wildlife Service gives notice that the

public comment period on the environmental assessment/habitat

conservation plan for F.M. Properties Operating Co., Inc's application

for an incidental take permit pursuant to section 10(a) of the

Endangered Species Act is being extended. The Applicant has been

assigned permit number PRT-782833. During the public comment period,

the Austin Ecological Services Field Office moved causing delays in

some recipients obtaining the environmental assessment/habitat

conservation plan for review.

DATES: The comment period for this proposal, which originally closed

November 7, 1994, is now extended until November 18, 1994.

ADDRESSES: Persons wishing to review the application may obtain a copy

by writing 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, U.S. Fish and Wildlife Service, Austin

Ecological Services Field Office, 10711 E. 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 4:30). Written data or comments

concerning the application and EA/HCP should be submitted to the Acting

Field Supervisor, Ecological Services Field Office, Austin, Texas at

above address. Please refer to permit number PRT-782833 when submitting

comments.

FOR FURTHER INFORMATION CONTACT:

Mr. Joe Johnston at the above Austin 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.

Lynn B. Starnes,

Regional Director.

[FR Doc. 94-27721 Filed 11-8-94; 8:45 am]

BILLING CODE 4310-55-M