[Federal Register Volume 60, Number 236 (Friday, December 8, 1995)] [Notices] [Pages 63053-63054] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-29944] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Availability of an Environmental Assessment/Habitat Conservation Plan and Receipt of Application for Incidental Take Permit for Construction and Operation of a Residential and Commercial Development in Wimberely, Hays County, Texas AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Douglas J. Barclay (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-808691. The requested permit, which is for a period of 30 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 and operation of 164 acres of residential and commercial development in Wimberely, Hays County, Texas. The Service has prepared the Environmental Assessment/Habitat Conservation Plan (EA/HCP) for 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 on or before January 8, 1996. ADDRESSES: Persons wishing to review the application and EA/HCP may obtain a copy by contacting Joseph E. Johnston or Sybil Vosler, Ecological Services Field Office, 10711 Burnet Road, suite 200, Austin, Texas 78758 (512/490-0063). Documents will be available for public inspection during normal business hours (9 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 ADDRESS above). Please refer to permit number PRT-808691 when submitting comments. FOR FURTHER INFORMATION CONTACT: Joseph E. Johnston or Sybil Vosler 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. APPLICANT: Douglas J. Barclay plans to construct and operate residential and commercial development on 164 acres in Wimberely, Hays County, Texas. This action will eliminate the habitat for one to two pairs of golden-cheeked warblers. [[Page 63054]] The applicant proposes to compensate for this incidental take of golden-cheeked warbler habitat by purchasing 20 acres of mitigation credit from the Nature Conservancy of Texas,Inc. to acquire/manage lands for the conservation of the golden-cheeked warbler. Alternatives to this action were rejected because selling or not developing the subject property with federally listed species present was not economically feasible. Nancy M. Kaufman, Regional Director, Region 2, Albuquerque, New Mexico. [FR Doc. 95-29944 Filed 12-7-95; 8:45 am] BILLING CODE 4510-55-M