[Federal Register: April 16, 1999 (Volume 64, Number 73)]
[Page 18928-18929]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Incidental Take Permits; Williamson Co., TX

    Notice of Availability of a Environmental Assessment/Habitat 
Conservation Plan and Receipt of Application for Incidental Take Permit 
for Construction and Operation of the Buttercup Creek's Section 4 and 
Phase V and Extension of Lakeline Boulevard (275 acres of the 438 
acres), Williamson County, Texas.

SUMMARY: Lumbermen's Investment Corporation (Applicant) has applied to 
the 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 PRT-836384. The requested 
permit, which is for a period of 30 years, would authorize the 
potential incidental take of the endangered Tooth Cave ground beetle 
(Rhadine persephone). The proposed take would occur as a result of the 
construction of single-family and multi-family residences on 275 acres 
of the 438 acres at the intersection of Buttercup Blvd. and Lakeline 
Blvd. in Williamson County, Texas.
    The Service has prepared the draft Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) for the

[[Page 18929]]

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 30 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 by May 
17, 1999.

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, Albuquerque, New Mexico 87103. Persons wishing to review 
the draft EA/HCP may obtain a copy by contacting Christina Longacre, 
Ecological Services Field Office, 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 (8:00 to 4:30) at the U.S. Fish and Wildlife Service, 
Austin, Texas. Written data or comments concerning the application and 
EA/HCP should be submitted to the Field Supervisor, Ecological Field 
Office, Austin, Texas at the above address. Please refer to permit 
number PRT-836384 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Christina Longacre at the above Austin 
Ecological Services Field Office.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of endangered species such as the Tooth Cave ground beetle. 
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: Lumbermen's Investment Corporation plans to construct 
single-family and multi-family residences on 275 acres of the 438 acres 
in Williamson County, Texas. This action is not expected to impact any 
Tooth Cave ground beetle habitat directly or indirectly, although the 
potential to discover an unknown feature does exist. The Applicant 
proposes to preserve in perpetuity all known features of both 
endangered and species of concern caves.
    Alternatives to this action were rejected because alternative 
designs or not developing the subject property with federally listed 
species present was not economically feasible.
Charlie Sanchez, Jr.,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 99-9509 Filed 4-15-99; 8:45 am]