[Federal Register: April 25, 2002 (Volume 67, Number 80)]
[Page 20545]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Receipt of a Permit Application (Blairwood/Silver Oak) for 
Incidental Take of the Golden-Cheeked Warbler

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: Blairwood, Ltd. (Applicant) has applied for an incidental take 
permit (TE-053021-0) 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 residential 
and commercial development on the approximately 98.43-acre Silver Oak 
Subdivision, 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 Sybil 
Vosler, 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 a.m. to 4:30 p.m.) 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-053021-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Sybil Vosler at the U.S. Fish and 
Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas, 78758.

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).


    Blairwood, Ltd. plans to construct a residential and commercial 
development on the approximately 98.43-acre Silver Oak Subdivision, 
located on County Road 174 (Brushy Creek Road), Cedar Park, Williamson 
County, Texas. This action will eliminate up to 109.9 acres of golden-
cheeked warbler habitat, which may result in the take of two to three 
golden-cheeked warbler territories. The applicant proposes to 
compensate for this incidental take of golden-cheeked warbler habitat 
by preserving 101 acres of GCW habitat in perpetuity; and clearing only 
between August 1 to March 1 when the warblers are not present.

Bryan Arroyo,
Acting Regional Director, Region 2.
[FR Doc. 02-10104 Filed 4-24-02; 8:45 am]