[Federal Register: December 19, 2005 (Volume 70, Number 242)]
[Page 75215-75216]
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 Construction and 
Operation of a Residential and Commercial Development on the 307.85-
acre Shadow Canyon Property, Williamson County, TX

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

ACTION: Notice of availability.


SUMMARY: San Gabriel Harvard Limited Partnership (Applicant) has 
applied to the U.S. Fish and Wildlife Service (Service) for an 
incidental take permit pursuant to section 10(a) of the

[[Page 75216]]

Endangered Species Act (Act). The requested permit, which is for a 
period of 30 years, would authorize incidental take of the endangered 
golden-cheeked warbler (Dendroica chrysoparia), Bone Cave harvestman 
(Texella reyesi), and Coffin Cave mold beetle (Batrisodes texanus). The 
proposed take would occur as a result of the construction and operation 
of a residential development on 307.85 acres (124.6 hectares) of the 
Shadow Canyon property, Williamson County, Texas.

DATES: To ensure consideration, written comments must be received on or 
before February 17, 2006.

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 Environmental Assessment/Habitat Conservation 
Plan (EA/HCP) may obtain a copy by 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, ext. 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, 
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, 10711 Burnet Road, Suite 
200, Austin, Texas 78758. Please refer to permit number TE-116313-0 
when submitting comments.

FOR FURTHER INFORMATION CONTACT: Sybil Vosler, U.S. Fish and Wildlife 
Service, Ecological Services Office, 10711 Burnet Road, Suite 200, 
Austin, Texas 78758 (512/490-0057, ext. 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. The Service has prepared an 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 NEPA regulations (40 CFR 
    Applicant: San Gabriel Harvard Limited Partnership plans to 
construct a residential and commercial development on 307.85 acres of 
the Shadow Canyon property, Williamson County, Texas. This action would 
adversely affect 43.35 acres (17.5 hectares) of oak-juniper woodland 
resulting in take of one to two pairs of golden-cheeked warblers. The 
Applicant proposes to compensate for this incidental take of the 
golden-cheeked warbler by purchasing 86 credits from a conservation 
bank approved by the Service to preserve 86 acres (35 hectares) of 
golden-cheeked warbler habitat in perpetuity within the acquisition 
area of the Balcones Canyonlands National Wildlife Refuge. The 
development also has the potential to take the Bone Cave harvestman 
and/or the Coffin Cave mold beetle should previously unknown but 
occupied voids be discovered during construction. To compensate for 
this event, the Applicant proposes to establish a 43.84-acre (17.7-
hectare) preserve on-site to be managed in perpetuity for the benefit 
of the endangered karst invertebrates.

Geoffrey L. Haskett,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
 [FR Doc. E5-7489 Filed 12-16-05; 8:45 am]