[Federal Register: December 15, 1999 (Volume 64, Number 240)]
[Page 70049-70050]
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 an Application for Incidental Take 
Permit During Construction of a Single Family Residence on 0.75 acres 
of the 3.88-Acres on Lot 14, Westcliff Subdivision, 8004 Two Coves 
Drive, Austin, Texas

SUMMARY: David Anderson (Applicant) has applied for the U.S. Fish and 
Wildlife Service (Service) for an

[[Page 70050]]

incidental take permit pursuant to Section 10(a) of the Endangered 
Species Act (Act). The Applicant has been assigned permit number TE-
019709-0. The request permit, which is for a period of 5 years, would 
authorize the incidental take of the endangered golden-cheeked warbler 
(Dendroic chrysoparia). The proposed take would occur as a result of 
the construction of a single family residence on Lot 14. Two Coves 
Road, 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 January 14, 2000.

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 contracting 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) 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 TE-
019709-0 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 gold-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: David Anderson plans to construct a single family 
residence on Lot 14, 8004 Two Coves Drive, Austin, Travis County, 
Texas. This action will eliminate less than one acre of habitat and 
indirectly impact less than four additional acres of golden-cheeked 
warbler habitat. The applicant proposes to compensate for this 
incidental take of golden-cheeked warbler habitat by donating $1,500 
into the Balcones Canyonlands Preserve to acquire/manage lands for the 
conservation of the golden-cheeked warbler.
    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 not 
decrease the impacts.
Thomas L. Bauer,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 99-32458 Filed 12-14-99; 8:45 am]