[Federal Register: April 22, 1999 (Volume 64, Number 77)] [Notices] [Page 19802] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr22ap99-94] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Availability of an Environmental Assessment/Habitat Conservation Plan and Receipt of Application for an Incidental Take Permit for Golden-cheeked Warbler, Black-capped Vireo, Tooth Cave Pseudoscorpion, Kretschmarr Cave Mold Beetle, Bee Creek Cave Harvestman, Bone Cave Harvestman, Tooth Cave Spider, Tooth Cave Ground Beetle, and Species of Concern, Jollyville Plateau Salamander and Bifurcated Cave Amphipod, During the Construction and Operation of a Residential and Commercial Development on Portions (237 Acres) of the Approximately 550.3-Acre Grandview Hills Property, Austin, Travis County, Texas SUMMARY: Tomen-Parke Associates, LTD, and Pulte Homes of Texas, L.P. (Applicants) have 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-815447. The requested permit, which is for a period of 30 years, would authorize the incidental take of the endangered golden- cheeked warbler (Dendroica chrysoparia), black-capped vireo (Vireo atricapillus), Tooth Cave pseudoscorpion (Tartarocreagris texana), Kretschmarr Cave mold beetle (Texamaurops reddelli), Bee Creek Cave harvestman (Texella reddelli), Bone Cave harvestman (Texella reyesi), Tooth Cave spider (Neoleptoneta myopica), Tooth Cave ground beetle (Rhadine persephone), and species of concern, Jollyville Plateau salamander (Eurycea sp.) and bifurcated cave amphipod (Stygobromus bifurcatus), during construction and operation of a residential and commercial development on portions of the approximately 550.3-acre Grandview Hills property, Austin, Travis 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 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 on or before May 24, 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 EA/HCP may obtain a copy by contacting Sybil Vosler, Ecological Services Field Office, 10711 Burnet Road, Suite 200, Austin, Texas 78758 (512/490-0063). 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 Services Field Office, Austin, Texas at the above address. Please refer to permit number PRT- 815447 when submitting comments. FOR FURTHER INFORMATION CONTACT: Sybil Vosler at the above Austin Ecological Services Field Office. 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: Tomen-Parke Associates, LTD, and Pulte Homes of Texas, L.P., plan to construct a residential and commercial development on a 550.3- acre tract and will preserve a minimum of 315 acres of golden-cheeked warbler and other endangered species habitat on-site. An additional 15.4 acres of black-capped vireo habitat will be restored adjacent to the property off-site. The construction will be located at the Grandview Hills property, located west of R.M. 620 and north of Bullick Hollow Road on the northwest side of the City of Austin, Travis County, TX. The preserved areas will be maintained in their natural state; title or conservation easement will be granted in perpetuity and held by a non-profit conservation organization or governmental agency approved by the Service. In addition, the Applicants will avoid impacts to the six listed karst invertebrates and two species of concern. Alternatives to this action were rejected because increased development would result in greater levels of take of golden-cheeked warblers, black-capped vireos and karst invertebrates, and selling or not developing the subject property with federally listed species present was not economically practical or feasible. Dated: April 8, 1999. Charlie Sanchez, Jr., Regional Director, Region 2, Albuquerque, New Mexico. [FR Doc. 99-10051 Filed 4-21-99; 8:45 am] BILLING CODE 4510-55-P