[Federal Register: August 4, 2003 (Volume 68, Number 149)]
[Page 45849]
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 Construction and 
Operation of a Residential Development on 78 Acres of the Greenshores 
Subdivision, Travis County, TX (PK-RE Development)

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: PK-RE Development Co., Inc. (Applicant) has applied to the 
U.S. Fish and Wildlife Service (Service) for an incidental take permit 
pursuant to section 10(a)(1)(B) of the Endangered Species Act (Act). 
The Applicant has been assigned permit number TE-074582-0. 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 operation of a residential development on portions of 
the 78-acre Greenshores Subdivision, Travis County, Texas.
    The Service has prepared the Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) for the incidental take application. A 
determination of jeopardy or non-jeopardy to the species and a decision 
pursuant to the National Environmental Policy Act (NEPA) will not be 
made until at least 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 October 3, 2003.

ADDRESSES: Persons wishing to review the application may obtain a copy 
by writing to the Regional Director, U.S. Fish and Wildlife Service, PO 
Box 1306, Room 4102, Albuquerque, New Mexico 87103. Persons wishing to 
review the EA/HCP may obtain a copy by written or telephone request to 
Sybil Vosler, 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 a.m. to 
4:30 p.m.) 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 10711 Burnet Road, Suite 200, Austin, 
Texas 78758. Please refer to permit number TE-074582-0 when submitting 

FOR FURTHER INFORMATION CONTACT: Sybil Vosler at the U.S. Fish and 
Wildlife Service, Ecological Services Office, 10711 Burnet Road, Suite 
200, Austin, Texas 78758 (512/490-0057).

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: Russell Eppright Custom Homes plans to construct a 
residential development on portions of the 78-acre Greenshores 
Subdivision, City of Austin, Travis County, Texas. This action would 
eliminate approximately 21.7 acres of habitat and adversely affect 25.8 
acres, resulting in take of the golden-cheeked warbler. The Applicant 
proposes to compensate for this incidental take of the golden-cheeked 
warbler by preserving 63.6 acres of habitat which will be managed in 
perpetuity for the benefit of the golden-cheeked warbler.

Bryan Arroyo,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 03-19683 Filed 8-1-03; 8:45 am]