[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]



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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.

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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