[Federal Register: April 24, 2001 (Volume 66, Number 79)]
[Notices]
[Page 20675-20676]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ap01-77]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Environmental Statements; Availability, etc: Incidental Take
Permits--Travis County, TX; Golden Cheeked Warbler

Notice of Availability of an Environmental Assessment/Habitat
Conservation Plan and Receipt of Application for Incidental Take Permit
for Construction and Occupation of Residential and Commercial
Development on Portions of the Approximately 740-acre Ribelin Ranch
Property, Austin, Travis County, Texas.

SUMMARY: Ribelin Ranch Partners, Ltd., Lucia Francis, and Charles
Ribelin
(Applicants) have 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 Application has been assigned
permit number TE-040090-0. 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 residential and
commercial development on portions of the approximately 740-acre
Ribelin Ranch Property on R.M. 2222, 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 on or
before June 25, 2001.

ADDRESSES: Persons wishing to review the application may obtain a copy
by writing to the Regional Director, U.S.

[[Page 20676]]

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 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-040090-0 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.
Applicant: Ribelin Ranch Partners, Ltd., Lucia Francis, and Charles
Ribelin plan to construct residential and commercial development on 160
acres of the approximately 740-acre Ribelin Ranch Property on R.M.
2222, Austin, Travis County, Texas. This action will indirectly impact
the habitat of the golden-cheeked warbler. The development will
eliminate approximately 168 acres of golden-cheeked warbler habitat
which may result in the take of 10 to 12 golden-cheeked warbler
territories. The applicant proposes to compensate for this incidental
take of golden-cheeked warbler habitat by preserving 240 acres of GCW
habitat in perpetuity; 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 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.

Geoffrey L. Haskett,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 01-10063 Filed 4-23-01; 8:45 am]
BILLING CODE 4510-55-P