[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Notices]
[Pages 26454-26455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12111]



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DEPARTMENT OF THE INTERIOR

Availability of Environmental Assessments/Habitat Conservation 
Plans and Receipt of Applications for Incidental Take Permits for 
Construction of Single-Family Residences on Lots in Travis County, 
Texas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Jim Herbert (Applicant) has applied to the 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 PRT-801839. The requested permit, which is for a 
period of 1 year, would authorize the incidental take of the endangered 
golden-cheeked warbler (Dendroica chrysoparia). The proposed take would 
occur as a result of the construction of one single-family residence at 
Westlake Highlands, Austin, Travis County, Texas.
    Ralph Nichols Koster (Applicant) has applied to the 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 PRT-801381. The requested permit, which is 
for a period of 1 year, would authorize the incidental take of the 
endangered golden-cheeked warbler (Dendroica chrysoparia). The proposed 
take would occur as a result of the construction of one single-family 
residence on Lot 133, Cardinal Hills Subdivision, Unit 3, Travis 
County, Texas.
    Carolyn Pratt (Applicant) has applied to the Fish and Wildlife 
Service (Service) for an incidental take permit pursuant to Section 
10(a) of the Endangered Species Act (Act). The [[Page 26455]] Applicant 
has been assigned permit number PRT-801373. The requested permit, which 
is for a period of 5 years, would authorize the incidental take of the 
endangered golden-cheeked warbler (Dendroica chrysoparia). The proposed 
take would occur as a result of the construction of one single-family 
residence on Lot 23 (2.73 acres), Cloudy Ridge Road, Windmill Bluff 
Estates, Austin, Travis County, Texas.
    The Service has prepared the Environmental Assessments/Habitat 
Conservation Plans (EA/HCP) for each of the incidental take 
applications. A determination of jeopardy to the species or a Finding 
of No Significant Impact (FONSI) will not be made before 30 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: Written comments on the application should be received by June 
16, 1995.

ADDRESSES: Persons wishing to review the applications may obtain a copy 
by writing to the Regional Director, U.S. Fish and Wildlife Service, 
P.O. Box 1306, Albuquerque, New Mexico 87103. Persons wishing to review 
the EA/HCP's may obtain a copy by contacting Joseph E. Johnston or Alma 
Barrera, Ecological Services Field Office, 10711 Burnet Road, Suite 
200, Austin, Texas 78758 (512/490-0063). Documents will be available 
for public inspection by written request, by appointment only, during 
normal business hours (9:00 to 4:30) U.S. Fish and Wildlife Service, 
Austin, Texas. Written data or comments concerning the application(s) 
and EA/HCPs should be submitted to the Acting Field Supervisor, 
Ecological Field Office, Austin, Texas (see ADDRESSES above). Please 
refer to the applicable permit number when submitting comments.

FOR FURTHER INFORMATION CONTACT:
Joseph E. Johnston or Alma Barrera at the above Austin Ecological 
Service Field Office.

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.

APPLICANTS: The applicant (Herbert) plans to construct a single-family 
residence on Lot A, Westlake Highlands, Section 2-A, Travis County, 
Texas. This action will eliminate less than one-half acre of land and 
indirectly impact less than one-half additional acres of golden-cheeked 
warbler habitat per residence. The applicant proposes to compensate for 
this incidental take of golden-cheeked warbler habitat by placing 
$1,500 into the City of Austin Balcones Canyonlands Conservation Fund 
to acquire/manage lands for the conservation of the golden-cheeked 
warbler.
    The Applicant (Koster), plans to construct a single-family 
residence on Lot 133 on Flamingo Road, Cardinal Hills Subdivision, 
Austin, Travis County, Texas. This action will eliminate less than one-
half acre of land and indirectly impact less than one-half additional 
acres of golden-cheeked warbler habitat per residence. The applicant 
proposes to compensate for this incidental take of golden-cheeked 
warbler habitat by placing $1,500 into the City of Austin Balcones 
Canyonlands Conservation Fund to acquire/manage lands for the 
conservation of the golden-cheeked warbler.
    The Applicant (Pratt) plans to construct a single-family residence 
on Lot 23 on Cloudy Ridge Road, Windmill Bluff Estates, Austin, Travis 
County, Texas. This action will eliminate less than one half acre of 
land and indirectly impacts less than one additional acres of golden-
cheeked warbler habitat per residence. The applicant proposes to 
compensate for this incidental take of golden-cheeked warbler habitat 
by placing $1,500 into the City of Austin Balcones Canyonlands 
Conservation Fund to acquire/manage lands for the conservation of the 
golden-cheeked warbler.
    Alternatives to each of these actions were rejected because selling 
or not developing the individual subject properties with federally 
listed species present was not economically feasible.
Lynn B. Starnes,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 95-12111 Filed 5-16-95; 8:45 am]
BILLING CODE 4510-55-M