[Federal Register: December 26, 2000 (Volume 65, Number 248)]
[Page 81540]
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 for Issuance of an Endangered Species Act Section 
10(a)(1)(B) Permit for the Incidental Take of Golden-Cheeked Warbler 
(Dendroica chrysoparia) During the Construction and Operation of 
Residential Development on Portions of the Approximately 50.08-acre CT 
620 Residential Property, Austin, Travis County, TX

SUMMARY: CT 620 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-036095-0. 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 of five residences on 50.08 acres on Hughes Park Road near 
RR 620, 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 before 60 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 by 
February 26, 2001.

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) 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 Field Office, Austin, 
Texas at the above address. Please refer to permit number TE-036095-0 
when submitting comments.

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


     CT 620 Partnership, Ltd. plans to construct five residences on 
portions of 50.08 acres on Hughes Park Road near RR 620, Austin, Travis 
County, Texas. This action will indirectly impact the habitat of the 
golden-cheeked warbler. The development will eliminate approximately 16 
acres of golden-cheeked warbler habitat which may result in the take of 
one to two golden-cheeked warbler territories. The applicant proposes 
to compensate for this incidental take of golden-cheeked warbler 
habitat by providing $304,000 to the Balcones Canyonlands Preserve for 
the purchase and preservation of golden-cheeked warbler habitat; 
minimization of on site habitat destruction; education and 
encouragement of the homeowners in the use of xeriscaping, clearing 
only between August 1 to March 1 when the warblers are not present; and 
prohibition of deer and bird feeders that encourage the growth of 
populations of species that parasitize, predate or out compete the 
golden-cheeked warbler or destroy its habitat. Alternatives to this 
action are not preferred 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.

Bryan Arroyo
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 00-32863 Filed 12-22-00; 8:45 am]