[Federal Register: December 18, 2008 (Volume 73, Number 244)]
[Page 77053]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

[FWS-R2-ES-2008-N0311]; [20124-1113-0000-F2]

Barton Creek Office Park Environmental Assessment and Habitat 
Conservation Plan, Travis County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of Availability of an Environmental Assessment and 
Habitat Conservation Plan (EA/HCP).


SUMMARY: Brandywine Realty Trust (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 of 1973, as 
amended (Act). The Applicant has been assigned permit number TE-198648-
0. The requested permit, which is for a period of 30 years, would 
authorize incidental take of the endangered golden-cheeked warbler 
(Dendroica chrysoparia). The proposed take would occur as a result of 
the construction and operation of the 14.83-acre Barton Creek Office 

DATES: To ensure consideration, we must receive written comments on or 
before February 17, 2009.

ADDRESSES: Persons wishing to review the application and/or EA/HCP may 
obtain a copy by written or telephone request to William Amy, U.S. Fish 
and Wildlife Service, Ecological Services Office, 10711 Burnet Road, 
Suite 200, Austin, TX 78758 (512/490-0057, extension 234). All 
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 above address. Data or comments concerning the application 
and HCP should be submitted in writing to the Field Supervisor at the 
above address. Please refer to permit number TE-198648-0 when 
submitting comments.

FOR FURTHER INFORMATION CONTACT: William Amy at the above address.

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.
    The subject tract is located in southwest Austin, on the west side 
of the Capital of Texas Highway (also known as Loop 360) immediately 
across from the intersection of Walsh Tarlton Lane, Travis County, 
Texas. Habitat for the golden-cheeked warbler has been documented on 
and adjacent to the subject tract. An EA/HCP has been included as part 
of the permit application. A determination of jeopardy or non-jeopardy 
to the species and a decision pursuant to the National Environmental 
Policy Act 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: Brandywine Realty Trust plans to construct and operate a 
commercial development on the 14.83-acre tract and pay Travis County an 
amount equal to 79.47 acres (the proposed alternative's mitigation 
acreage) multiplied by the Balcones Canyonlands Conservation Plan's 
(the ``BCCP'') fee level under its Alternative Process option 
(currently $6,500 per acre) in effect at the time of such payment. 
Payment shall be made prior to initiation of clearing activities for 
the development.
    In the event that the Alternative Process fee option becomes 
unavailable, the Applicant will provide funding in the amount of 
$516,555 toward the acquisition of 79.47 acres of land within the 
Balcones Canyonlands Preserve (BCP) acquisition area.
    The EA/HCP was prepared to consider the impacts of the proposed 
action on the human environment and to address impacts to listed 
species as a result of developing the subject tract. This document 
describes the impacts to the golden-cheeked warbler that would likely 
result from the development, steps the Applicant would take to minimize 
and mitigate such impacts to the maximum extent practicable, the 
funding available to implement those steps, and the alternatives that 
have been considered.

Thomas L. Baur,
Acting Regional Director, Region 2.
 [FR Doc. E8-30038 Filed 12-17-08; 8:45 am]