[Federal Register: March 25, 2002 (Volume 67, Number 57)]
[Page 13646-13647]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Receipt of a Permit Application (Rockledge) for Incidental Take 
of the Golden-Cheeked Warbler

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: Rockledge, Inc. (Applicant) has applied for an incidental take 
permit (TE-051567-0) pursuant to section 10(a) of the Endangered 
Species Act (Act). The requested permit would authorize the incidental 
take of the endangered golden-cheeked warbler. The proposed take would 
occur as the result of the construction and occupation of a low-density 
residential development of 35 to 40 homesites on 53.5 acres of the 
193.0-acre Russell Park Estates, Williamson County, Texas.

DATES: Written comments on the application should be received within 60 
days of the date of this publication.

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 EA/HCP may obtain a copy by contacting Scott 
Rowin, 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 am to 4:30 pm) 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 Supervisor, U.S. Fish 
and Wildlife Service, Austin, Texas, at the above address. Please refer 
to permit number TE-051537-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Scott Rowin, U.S. Fish and Wildlife 
Service, Austin Office, (512) 490-0057.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of endangered species such as the golden-cheeked warbler. 
However, the Fish and Wildlife Service (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 
    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 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).
    Applicants: Rockledge, Inc. plans to construct a low-density 
residential development of 35 to 40 homesites, within 30 years, on 
approximately 53.5 acres of the 193.0-acre Russell Park Estates, 
located approximately 0.25 miles south of the intersection of County 
Road 262 and Farm to Market 3405, Williamson County, Texas. This action 
will eliminate up to 53.5 acres of golden-cheeked warbler habitat. In 
addition, the vulnerability of another approximately 34.4 acres of 
warbler habitat may be reduced as a result of indirect effects 
associated with the development. The Applicant has made every effort to 
minimize and/or avoid impacts to the Bone Cave harvestman and believes 
the proposed action will not impact the harvestman. No take for this 
species is being requested or would be granted by issuance of this 
permit. The Applicant proposes to compensate for this incidental take 
of the golden-cheeked warbler by preserving

[[Page 13647]]

approximately 139.4 acres of the highest quality warbler habitat 
onsite. This preserve land is adjacent to property owned by the U.S. 
Army Corps of Engineers.

Bryan Arroyo,
Acting Regional Director, Region 2.
[FR Doc. 02-7014 Filed 3-22-02; 8:45 am]