[Federal Register: March 5, 2007 (Volume 72, Number 42)]
[Page 9771]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Draft Environmental Assessment/Habitat Conservation Plan; 
Issuance of a Section 10(a)(1)(B) Permit for Incidental Take of the 
Golden-Cheeked Warbler in Williamson County, TX (CA 1100, LTD.)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; receipt of application.


SUMMARY: CA 1100, LTD. (Applicant) has applied to the U.S. Fish and 
Wildlife Service (Service) for an incidental take permit (TE-139553-0) 
pursuant to Section 10(a)(1)(B) of the Endangered Species Act (Act) of 
1973, as amended. The requested permit, which is for a period of 30 
years, would authorize incidental take of the golden-cheeked warbler 
(Dendroica chrysoparia). The proposed take would occur as a result of 
the construction and occupation of a residential development on 176 
acres of the Shadow Canyon property, Williamson County, Texas. We 
invite public comment.

DATES: To ensure consideration, written comments must be received on or 
before May 4, 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 draft Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) may obtain a copy by contacting William Amy, 
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 Service's Austin office. 
Written data or comments concerning the application and draft EA/HCP 
should be submitted to the Supervisor, U.S. Fish and Wildlife Service, 
10711 Burnet Road, Suite 200, Austin, Texas 78758. Please refer to 
permit number TE-139553-0 when submitting comments. All comments 
received, including names and addresses, will become a part of the 
official administrative record and may be made available to the public.

FOR FURTHER INFORMATION CONTACT: William Amy at U.S. Fish and Wildlife 
Service Austin office, 10711 Burnet Road, Suite 200, Austin, Texas 
78758 (512-490-0057) or by e-mail, William_Amy@fws.gov.

SUPPLEMENTARY INFORMATION: The Applicant has applied to the Service for 
a Section 10(a)(1)(B) incidental take permit for a period of 30 years 
in order to authorize incidental take of the golden-cheeked warbler.
    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.
    We provide this notice under section 10(c) of the Act (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22), and the 
National Environmental Policy Act (42 U.S.C. 4371 et seq.) and its 
implementing regulations (40 CFR 1506.6).
    Applicant: The Applicant plans to construct a residential and 
commercial development on the 176-acre property located on Shadow 
Canyon property, Williamson County, Texas. This action will adversely 
affect 70.1 acres of oak-juniper woodland resulting in take of three 
pairs of golden-cheeked warblers. The Applicant proposes to mitigate 
for incidental take of the golden-cheeked warbler by purchasing 97 
mitigation credits from a conservation bank approved by the Service to 
preserve 97 acres of golden-cheeked warbler habitat in perpetuity 
within the acquisition area of the Balcones Canyonlands National 
Wildlife Refuge.

Christopher T. Jones,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. E7-3766 Filed 3-2-07; 8:45 am]