[Federal Register: October 4, 1999 (Volume 64, Number 191)]
[Page 53686]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Notice of Availability of an Environmental Assessment/Habitat 
Conservation Plan and Receipt of Application for Incidental Take Permit 
for Construction of Two Single Family Residences on 0.75 acres each of 
the 54.9 acres Platted as the Diamond Sky Subdivision on City Park Road 
in Travis County, TX

SUMMARY: Anthony Franzetti (Applicant) has applied to the U.S. 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 numbers TE-016491-0. 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 occupation of two 
single family residences on City Park Road, Austin, Travis County, 
    The Service has prepared the Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) for the incidental take applications. 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 November 3, 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 Scott Rowin, 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) U.S. Fish and Wildlife Service, Austin, Texas. Written 
data or comments concerning the application(s) and EA/HCPs should be 
submitted to the Field Supervisor, Ecological Services Field Office, 
Austin, Texas at the above address. Please refer to permit number TE-
016491-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Scott Rowin 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: Anthony Franzetti plans to construct two single family 
residences on 54.9 acres platted as the Diamond Sky Subdivision, on 
City Park Road Austin, Travis County, Texas. This action will eliminate 
less than two acres of habitat and indirectly impact less than 18 
additional acres of golden-cheeked warbler habitat. The applicant 
proposes to compensate for this incidental take of golden-cheeked 
warbler habitat by placing the remaining balance of the property, 
approximately 53 acres, in a conservation easement in perpetuity.
    Alternatives to this action were rejected because not developing 
the subject property with federally listed species present was not 
economically feasible and alteration of the project design would 
increase the impacts.
Thomas L. Bauer,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 99-25684 Filed 10-1-99; 8:45 am]