[Federal Register: January 3, 2003 (Volume 68, Number 2)]
[Page 387]
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 Incidental Take by the 
Leander Rehabilitation PUD

SUMMARY: Fleur Land, Ltd., c/o Stone Haven Partners (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-
065323-0. 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 commercial and multi-use 
development on 209 acres of the Leander Rehabilitation PUD, Cedar Park, 
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 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 within 60 
days of the date of this publication.

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 4012, 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 the above address. Please refer to 
permit number TE-065323-0 when submitting comments.

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

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: Fleur Land Ltd., c/o Stone Haven Partners, plans to 
construct and operate commercial and multi-use development on 209 acres 
of the Leander Rehabilitation PUD, Cedar Park, Williamson County, 
Texas. This action would eliminate approximately 165.8 acres of habitat 
resulting in take of the golden-cheeked warbler. The Applicant proposes 
to compensate for this incidental take of the golden-cheeked warbler by 
purchasing mitigation credits for 96.8 acres in a conservation bank 
which will be managed in perpetuity for the benefit of the golden-
cheeked warbler.

Susan MacMullin,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 03-24 Filed 1-2-03; 8:45 am]