[Federal Register: September 16, 2005 (Volume 70, Number 179)]
[Notices]
[Page 54764]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se05-134]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Availability of an Environmental Assessment/Habitat
Conservation Plan and Receipt of Application for Incidental Take of
Golden-Cheeked Warbler

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: The Applicant, White Water Springs, L.L.C., has 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
Applicant has been assigned permit number TE-110131-0. The requested
permit, which is for a period of 30 years, would authorize incidental
take of the endangered golden-cheeked warbler (Dendroica chrysoparia).
The proposed take would occur as a result of the construction and
operation of a residential development on 1,758-acres (717 hectares) of
the White Water Springs property, Burnet County, Texas. The Service has
prepared the Environmental Assessment/Habitat Conservation Plan (EA/
HCP) for the incidental take application. A determination of jeopardy
or non-jeopardy to the species and a decision pursuant to the National
Environmental Policy Act (NEPA) 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).

DATES: To ensure consideration, written comments must be received on or
before November 15, 2005.

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 a written or
telephone request to Sybil Vosler, U.S. Fish and Wildlife Service,
Ecological Services Office, 10711 Burnet Road, Suite 200, Austin, Texas
78758 (512/490-0057 extension 225). Documents will be available for
public inspection by written request or by appointment only during
normal business hours (8 a.m. to 4:30 p.m.) at the U.S. Fish and
Wildlife Service Office, Ecological Services Office, 10711 Burnet Road,
Suite 200, Austin, Texas. Data or comments concerning the application
and EA/HCP should be submitted in writing to the Field Supervisor, U.S.
Fish and Wildlife Service, Ecological Services Office, Austin, Texas at
the above address. Please refer to permit number TE-110131-0 when
submitting comments.

FOR FURTHER INFORMATION CONTACT: Sybil Vosler, Ecological Services
Office, 10711 Burnet Road, Suite 200, Austin, Texas 78758 (512/490-0057
extension 225).

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: White Water Springs, L.L.C., plans to construct a
residential development on 1,758-acres of the White Water Springs
property, Burnet County, Texas. This action would adversely affect
369.1 acres (148.8 hectares) of oak-juniper woodland resulting in take
of the golden-cheeked warbler. The Applicant proposes to compensate for
this incidental take of the golden-cheeked warbler by contributing
$300,000 to a conservation entity for use in the purchase and
preservation of golden-cheeked warbler habitat within the acquisition

area of the Balcones Canyonlands National Wildlife Refuge and by
preserving 20.7 acres (8.3 hectares) of habitat on-site which will be
managed in perpetuity for the benefit of the golden-cheeked warbler.

Larry G. Bell,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 05-18406 Filed 9-15-05; 8:45 am]

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