[Federal Register: April 22, 1999 (Volume 64, Number 77)]
[Page 19802]
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 an Incidental Take Permit for 
Golden-cheeked Warbler, Black-capped Vireo, Tooth Cave Pseudoscorpion, 
Kretschmarr Cave Mold Beetle, Bee Creek Cave Harvestman, Bone Cave 
Harvestman, Tooth Cave Spider, Tooth Cave Ground Beetle, and Species of 
Concern, Jollyville Plateau Salamander and Bifurcated Cave Amphipod, 
During the Construction and Operation of a Residential and Commercial 
Development on Portions (237 Acres) of the Approximately 550.3-Acre 
Grandview Hills Property, Austin, Travis County, Texas

SUMMARY: Tomen-Parke Associates, LTD, and Pulte Homes of Texas, L.P. 
(Applicants) have 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-815447. The requested permit, which is for a period of 30 
years, would authorize the incidental take of the endangered golden-
cheeked warbler (Dendroica chrysoparia), black-capped vireo (Vireo 
atricapillus), Tooth Cave pseudoscorpion (Tartarocreagris texana), 
Kretschmarr Cave mold beetle (Texamaurops reddelli), Bee Creek Cave 
harvestman (Texella reddelli), Bone Cave harvestman (Texella reyesi), 
Tooth Cave spider (Neoleptoneta myopica), Tooth Cave ground beetle 
(Rhadine persephone), and species of concern, Jollyville Plateau 
salamander (Eurycea sp.) and bifurcated cave amphipod (Stygobromus 
bifurcatus), during construction and operation of a residential and 
commercial development on portions of the approximately 550.3-acre 
Grandview Hills property, Austin, Travis County, Texas.
    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 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 May 24, 1999.

ADDRESSES: Persons wishing to review the application may obtain a copy 
by writing to the Regional Director, 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 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 written request, by appointment only, during normal business hours 
(8:00 to 4:30) at the U.S. Fish and Wildlife Service, Austin, Texas. 
Written data or comments concerning the application and EA/HCP should 
be submitted to the Field Supervisor, Ecological Services Field Office, 
Austin, Texas at the above address. Please refer to permit number PRT-
815447 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Sybil Vosler at the above Austin 
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.

APPLICANT: Tomen-Parke Associates, LTD, and Pulte Homes of Texas, L.P., 
plan to construct a residential and commercial development on a 550.3-
acre tract and will preserve a minimum of 315 acres of golden-cheeked 
warbler and other endangered species habitat on-site. An additional 
15.4 acres of black-capped vireo habitat will be restored adjacent to 
the property off-site. The construction will be located at the 
Grandview Hills property, located west of R.M. 620 and north of Bullick 
Hollow Road on the northwest side of the City of Austin, Travis County, 
TX. The preserved areas will be maintained in their natural state; 
title or conservation easement will be granted in perpetuity and held 
by a non-profit conservation organization or governmental agency 
approved by the Service. In addition, the Applicants will avoid impacts 
to the six listed karst invertebrates and two species of concern.
    Alternatives to this action were rejected because increased 
development would result in greater levels of take of golden-cheeked 
warblers, black-capped vireos and karst invertebrates, and selling or 
not developing the subject property with federally listed species 
present was not economically practical or feasible.

    Dated: April 8, 1999.
Charlie Sanchez, Jr.,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 99-10051 Filed 4-21-99; 8:45 am]