[Federal Register: April 13, 1998 (Volume 63, Number 70)]
[Page 18033]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Availability of an Environmental Assessment/Habitat Conservation 
Plan and Receipt of Application for Incidental Take Permit for 
Construction and Operation of a Residential Development on the 
Approximately 304-Acre Rough Hollow Property, Lakeway, Travis County, 

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.


SUMMARY: Lakeway Rough Hollow, Ltd. (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-812690. The requested permit, which is 
for a period of 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 and operation of a 
residential development on the approximately 304-acre parcel. The 
impacts to the listed species have been addressed in the associated 
habitat conservation plan.
    The Service has prepared the 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 until at least 30 days after 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 May 13, 1998.

ADDRESSES: Persons wishing to review the application may obtain a copy 
by writing to the Regional Director (ATTN: ES), 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 Sybil Vosler, 
Ecological Services Field Office, 10711 Burnet Road, Suite 200, Austin, 
Texas 78758 (512/490-0063). Documents will be available for public 
inspection by appointment only during normal business hours (8:00 a.m. 
to 4:30 p.m.). Written data or comments concerning the application(s) 
and EA/HCP's should be submitted to the Field Supervisor, Ecological 
Field Office, Austin, Texas (see ADDRESSES above). Please refer to 
permit number PRT-812690 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Sybil Vosler at the Austin Ecological 
Services Field Office (see ADDRESSES above).

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.

APPLICANT: Lakeway Rough Hollow, Ltd. plans to construct a residential 
development on the 304-acre tract and purchase 116 Mitigation Credits 
from the Lakeway Mitigation Account. The Lakeway Mitigation Account 
provided $3.5 million to the City of Austin to enable the purchase of 
the approximately 942-acre Ivanhoe tract containing essential, high-
quality golden-cheeked warbler habitat to be included in the Balcones 
Canyonlands Preserve in perpetuity. The construction will be located at 
the Rough Hollow property located on the south side of Lake Travis 
immediately west of the City of Lakeway and approximately 18 miles 
west-northwest of the downtown City of Austin.
    Alternatives to this action were considered and rejected because 
selling or not developing the subject property was not economically 
Stephen C. Helfert,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 98-9031 Filed 4-10-98; 8:45 am]