[Federal Register: October 18, 2007 (Volume 72, Number 201)]
[Page 59109-59110]
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 Golden-Cheeked Warbler and Receipt of Application 
for Development and Construction Activities on the 153-Acre Property on 
City Park Road, Travis County, TX (K&W Webb Family Partnership, LTD.)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: K&W WEBB FAMILY PARTNERSHIP, LTD. (Applicant) has applied for 
an incidental take permit (TE-162051-0) pursuant to Section 10(a)(1)(B) 
of the Endangered Species Act of 1973, as amended (Act). The requested 
permit would authorize incidental take of the endangered golden-cheeked 
warbler (Dendroica chrysoparia). The proposed take would occur as a 
result of general development and construction activities on 153-acre 
Webb Tract on City Park Road, Travis County, Texas.

DATES: To ensure consideration, written comments must be received on or 
before November 19, 2007.

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 Environmental Assessment/Habitat Conservation 
Plan (EA/HCP) may obtain a copy by contacting Bill Seawell, 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 
a.m. to 4:30 p.m.) at the U.S. Fish and Wildlife Service at the above 
address. Written data or comments concerning the application and EA/HCP 
should be submitted to Adam Zerrenner, Field Supervisor, U.S.

[[Page 59110]]

Fish and Wildlife Service, Austin, Texas, at the above address. Please 
refer to permit number TE-162051-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Bill Seawell at the U.S. Fish and 
Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758 
(512/490-0057) or by e-mail, Bill_Seawell@fws.gov.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of endangered species such as the Golden-cheeked warbler. 
However, the Fish and Wildlife Service (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 
    The Service has prepared the 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).
    Applicant: The K&W Webb Family Partnership, Ltd plans to develop a 
153-acre property on City Park Road, Travis County, Texas. This action 
will eliminate 122.88 acres of golden-cheeked warbler habitat and 
result in indirect impacts on and off the property. The Applicant 
proposes to compensate for this incidental take of the golden-cheeked 
warbler by setting aside an on-site preserve of 28.69 acres and payment 
of mitigation ($5,000 per acre as of July 2007) to the Balcones 
Canyonlands Preserve. This money shall be used for the purchase of 
golden-cheeked warbler habitat within western Travis County.

Christopher T. Jones,
Acting Regional Director, Region 2.
[FR Doc. 07-5159 Filed 10-17-07; 8:45 am]