[Federal Register: December 15, 2000 (Volume 65, Number 242)]
[Page 78502-78503]
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 a Permit for the 
Incidental Take of the Bone Cave Harvestman (Texella reyesi) During 
Construction and Operation of Commercial Developments on Portions of 
5.94 acres (Lots 1, 2, 3, 4, and 5) at RR 620 and Great Oaks Drive, 
Round Rock, Williamson County, Texas (Sultan & Kahn).

SUMMARY: Sultan and Kahn Partnership, Ltd. (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 number TE-035525-0. The 
requested permit, which is for a period of 30 years, would authorize 
the incidental take of the endangered Bone Cave Harvestman (Texella 
reyesi). The proposed take would occur as a result of the construction 
and occupation of two commercial developments on 5.94 acres (Lots 1, 2, 
3, 4, and 5) at RR 620 and Great Oaks Drive, Williamson 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 before 
January 16, 2001.

[[Page 78503]]

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, Room 4102, Albuquerque, New Mexico 87103. Persons 
wishing to review the EA/HCP may obtain a copy by contacting Sybil 
Vosler, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, 
Austin, Texas 78758 (512/490-0057). 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 Supervisor, U.S. Fish 
and Wildlife Service, Austin, Texas, at the above address. Please refer 
to permit number TE-035525-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Sybil Vosler at the above U.S. Fish 
and Wildlife Service, Austin Office.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of endangered species such as the Bone Cave Harvestman. 
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: Sultan and Kahn Partnership, Ltd. plans to construct two 
commercial developments on 5.94 acres (Lots 1, 2, 3, 4, and 5) at RR 
620 and Great Oaks Drive, Williamson County, Texas. This action will 
occur on less than 2.41 acres (Lots 1, 4, and portions of Lots 2 and 5) 
and will indirectly impact the ecosystem of Back Bat/Beck Crevice Cave 
and Beck Pride Cave, which contain the endangered Bone Cave Harvestman. 
The development will eliminate less than 1.6 acres of cave cricket 
habitat, upon which the Bone Cave Harvestman depends, and may cause 
deterioration of the cave ecosystem by encouraging fire ants, altering 
the surface and subsurface moisture and temperature regimes, and 
increasing human impacts. The applicant proposes to compensate for this 
incidental take of Bone Cave Harvestman habitat by planting a 30-foot-
wide native plant landscape buffer between the development and the cave 
conservation area; monitoring and treating for introduced fire ants on 
the undeveloped portions of Lots 2, 3, and 5; restricting the use of 
pesticides and herbicides; and prohibiting the use of the premises for 
businesses that have the potential to contaminate sub-surface karst 
and/or groundwater, such as gas stations and dry cleaners.

Jeoffey L. Haskett,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 00-31891 Filed 12-14-00; 8:45 am]