[Federal Register: July 14, 1999 (Volume 64, Number 134)]
[Page 38004]
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 and Receipt of Application for Incidental Take Permit 
for Golden-Cheeked Warbler (Dendroica chrysoparia) During Construction 
of a Single Family Residence on 0.75 acres of the 10.13 Acres on City 
Park Road in Travis County, Texas

SUMMARY: John and Christine Caster (Applicants) have 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 (Act). The 
Applicants have been assigned permit number TE-012423-0. The requested 
permit, which is for a period of 5 years, would authorize the 
incidental take of the endangered golden-cheeked warbler (Dendroica 
chrysoparia). The proposed take would occur as a result of the 
construction of one single family residence on City Park Road, Austin, 
Travis County, Texas.
    The Service has prepared the Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) for the incidental take application. A 
determination of whether jeopardy will occur to the species or a 
Finding of No Significant Impact (FONSI) will not be made until 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 August 13, 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 Christina Longacre, 
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/HCPs should be submitted to the Field Supervisor, Ecological 
Services Field Office, Austin, Texas at the above address. Please refer 
to permit number TE-012423-0 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 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: John and Christine Caster plan to construct one single 
family residence on City Park Road in Austin, Travis County, Texas. 
This action will eliminate less than one acre of habitat and indirectly 
impact less than four additional acres of golden-cheeked warbler 
habitat. The applicant proposes to compensate for this incidental take 
of the golden-cheeked warbler habitat by donating $1,500 into the 
Balcones Canyonlands Preserve to acquire/manage lands for the 
conservation of the golden-cheeked warbler and place the remaining 
balance of the property in a conservation easement in perpetuity.
    Alternatives to this action were rejected because not developing 
the subject property with federally listed species present was not 

economically feasible and alteration of the project design would 
increase the impacts.
Nancy M. Kaufman,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 99-17901 Filed 7-13-99; 8:45 am]