[Federal Register: May 9, 2000 (Volume 65, Number 90)]
[Page 26850-26851]
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 an Incidental Take 
Permit for Construction of Commercial and Residential Development on 
110 Acres of the 446-acre Comanche Canyon Ranch in Travis County, Texas

SUMMARY: Comanche Canyon Ranch, Inc. (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-004683-0. The requested 
permit, which is for a period of 30 years, would authorize the 
incidental take of the endangered golden-cheeked warbler (Dendroica 
chrysoparia), 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), and Tooth Cave ground beetle 
(Rhadine persephone). The proposed take would occur as a result of the 
construction of commercial and residential structures with associated 
streets and utilities on 110 acres of the 446-acre Comanche Canyon 
Ranch, Travis County, Texas.
    The Service has completed the review of the draft 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 June 8, 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 written or telephone request to 
Christina Longacre, U.S. Fish and Wildlife Service, Ecological Services 
Office, 10711 Burnet Road, Suite 200, Austin, Texas 78758 (512/490-
0057). Documents will be available for public inspection by written 
request or by appointment only during normal business hours (8:00 to 
4:30) at the U.S. Fish and Wildlife Service Office, Austin, Texas. Data 
or comments concerning the application and EA/HCP should be submitted 
in writing to the Field Supervisor, U.S. Fish and Wildlife Service 
Office, Austin, Texas at the above address. Please refer to permit 
number TE-004683-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Christina Longacre at the above 
U.S.Fish and Wildlife Service Office, Austin, TX.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of endangered species such as the golden-cheeked warbler, 
Bone Cave harvestman, Tooth Cave spider, Bee Creek Cave harvestman, 
Tooth Cave pseudoscorpion, Tooth Cave ground beetle and the Kretschmarr 
Cave mold beetle. 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.


    Comanche Canyon Inc. plans to construct residential and commercial 
structures with associated streets and utilities in Travis County, 
Texas. This action will eliminate approximately 26 acres of habitat and 
indirectly impact 37 additional acres of golden-cheeked warbler 
habitat. The Applicant proposes to compensate for this incidental take 
of golden-cheeked warbler habitat by preserving a minimum of 213 acres 
    If any voids are encountered that contain the listed karst 
invertebrates, the Applicant will minimize and mitigate any impacts 
determined by the Service.
    Alternatives to this action were rejected because not developing 
the subject property with federally listed species present would not 
add preserve

[[Page 26851]]

acreage and management to the area and was not economically feasible.

Domenick R. Ciccone,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 00-11518 Filed 5-8-00; 8:45 am]