[Federal Register Volume 84, Number 52 (Monday, March 18, 2019)]
[Notices]
[Pages 9806-9807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05039]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2018-N168; FXES11140200000-190-FF02ENEH00]


Draft Environmental Assessment and Draft Habitat Conservation 
Plan; Davis Ranch, Bexar County, Texas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for public comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), make 
available the draft environmental assessment and habitat conservation 
plan for development of a 724-acre property in Bexar County, Texas. The 
Davis McCrary Property Trust has applied to the Service for an 
incidental take permit (ITP) under the Endangered Species Act. The 
requested ITP would authorize incidental take of the federally 
endangered golden-cheeked warbler that could result from activities 
associated with otherwise lawful activities, including commercial and 
residential development on the property as a result of vegetation 
clearing, earth-moving activities, and construction of structures.

DATES: To ensure consideration, written comments must be received or 
postmarked on or before April 17, 2019.

ADDRESSES: Accessing Documents:
    Internet: dEA, HCP, and ITP application: You may obtain electronic 
copies of all three of the documents on the Service's website at http://www.fws.gov/southwest/es/AustinTexas/.
    U.S. Mail: You may obtain the documents at the following addresses. 
In your request for documents, please reference Davis Ranch HCP.
     dEA and HCP: A limited number of CD-ROM and printed copies 
of the dEA and HCP are available, by request, from Mr. Adam Zerrenner, 
Austin Ecological Services Field Office, 10711 Burnet Road, Suite 200, 
Austin, TX 78758-4460; telephone 512-490-0057; fax 512-490-0974.
     ITP application: The ITP application is available by mail 
from the Regional Director, U.S. Fish and Wildlife Service, P.O. Box 
1306, Room 6034, Albuquerque, NM 87103.
    In-Person: dEA and HCP: Copies of the dEA and HCP are available for

[[Page 9807]]

public inspection and review, by appointment (telephone 512-490-0057) 
and written request only, between the hours of 8 a.m. to 4:30 p.m. at 
the following locations:
     U.S. Fish and Wildlife Service, 500 Gold Avenue SW, Room 
6034, Albuquerque.
     U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 
200, Austin, TX 78758; via phone at 512-490-0057; or via the Federal 
Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), make available the draft Environmental Assessment (dEA) and 
the Davis Ranch Habitat Conservation Plan (HCP) for development of the 
724-acre property in Bexar County, Texas (permit area). The Davis 
McCrary Property Trust (applicant) has applied to the Service for an 
incidental take permit (ITP; TE 204410 under section 10(a)(1)(B) of the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.). The requested ITP, which would be in effect for a period of 30 
years, if granted, would authorize incidental take of the federally 
endangered golden-cheeked warbler (Setophaga (=Dendroica) chrysoparia) 
(covered species). The proposed incidental take would result from 
activities associated with otherwise lawful activities, including 
commercial and residential development on the 724-acre ranch in Bexar 
County, Texas, as a result of clearing of vegetation, earth-moving 
activities, and construction of structures (covered activities).
    We make available the dEA for the Davis Ranch HCP and the 
associated HCP. In accordance with the requirements of the National 
Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.), we 
advise the public that:
    1. We have gathered the information necessary to determine impacts 
and formulate alternatives for the dEA related to potential issuance of 
an ITP to the applicant; and
    2. The applicant has developed a HCP as part of the application for 
an ITP, which describes the measures the applicant has agreed to take 
to minimize and mitigate the impacts of incidental take of the covered 
species to the maximum extent practicable pursuant to section 
10(a)(1)(B) of the ESA.
    The applicant has applied for an ITP that would be in effect for 30 
years, if granted, and would authorize incidental take of the federally 
endangered golden-cheeked warbler. As described in the HCP, the 
proposed incidental take would result from activities associated with 
otherwise lawful activities, including commercial and residential 
development on the 724-acre ranch in Bexar County, Texas, as a result 
of covered activities. The dEA considers the direct, indirect, and 
cumulative effects of implementation of the HCP, including the measures 
that will be implemented to minimize and mitigate, to the maximum 
extent practicable, the impacts of the incidental take of the covered 
species.

Proposed Action

    The proposed action involves the issuance of an ITP by the Service 
for the covered activities in the permit area, pursuant to section 
10(a)(1)(B) of the Act. The ITP would cover incidental take of the 
covered species associated with construction of commercial and 
residential development within the permit area.
    The requested term of the permit is 30 years. To meet the 
requirements of a section 10(a)(1)(B) ITP, the applicant has developed 
and proposes to implement its HCP. The HCP describes the conservation 
measures the applicant has agreed to undertake to minimize and 
mitigate, to the maximum extent practicable, the impacts of the 
incidental take of the covered species, and ensures that incidental 
take will not appreciably reduce the likelihood of the survival and 
recovery of the covered species in the wild.
    At full implementation, the applicant would mitigate up to 
approximately 1,176 acres in an approved golden-cheeked warbler habitat 
conservation bank.

Alternatives

    We are considering one alternative to the proposed action as part 
of this process:
    No Action: No ITP would be issued. Under a No Action alternative, 
the Service would not issue the requested ITP, and the applicant would 
either not construct the development or would construct the development 
avoiding all impacts to the golden-cheeked warbler. Therefore, the 
applicant would not implement the conservation measures described in 
the HCP.

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. Before including your address, phone 
number, email address, or other personal identifying information (PII) 
in your comment, you should be aware that your entire comment--
including your PII--may be made publicly available at any time. While 
you can request in your comment that we withhold your PII from public 
review, we cannot guarantee that we will be able to do so. All 
submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, will be made available for public disclosure in their 
entirety.

Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 
1531 et seq.), its implementing regulations (50 CFR 17.22), and the 
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and it's 
implementing regulations (40 CFR 1506.6).

    Dated: March 5, 2019.
Amy Lueders,
Regional Director, Southwest Region.
[FR Doc. 2019-05039 Filed 3-15-19; 8:45 am]
 BILLING CODE 4333-15-P