[Federal Register Volume 61, Number 142 (Tuesday, July 23, 1996)] [Notices] [Pages 38212-38213] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-18590] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of an Environmental Assessment/Habitat Conservation Plan and Receipt of Application for Incidental Take Permit for Construction and Operation of Residential Development on the Seven Oaks Ranch Property, in Austin, Travis County, Texas SUMMARY: Bee Cave Oaks Development, Inc. (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to Section 10(a)(1)(b) of the Endangered Species Act (Act). The applicant has been assigned permit number PRT-812688. The requested permit, which is for a period of 30 years, would authorize the incidental take of the endangered golden-cheeked warbler (Dendroica chrysoparia), and impacts to the proposed endangered Barton Springs salamander (Eurycea sosorum) have been addressed in the associated Habitat Conservation Plan. The proposed take on the 304-acre northern parcel may occur as a result of the development of 160 residential lots on 260 acres. Approximately 44 acres will be preserved as a greenbelt. Twenty-six residential lots are planned on approximately 29 acres of the 43-acre southern parcel, with 14 acres being preserved as a greenbelt. All construction will occur on the 347-acre Seven Oaks Ranch Property located in Austin, Travis County, Texas. The Service has prepared the Environmental Assessment/Habitat Conservation Plan (EA/HCP) for the incidental take applications. A determination of whether jeopardy to the species will likely result 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 August 22, 1996. 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, Albuquerque, New Mexico 87103. Persons wishing to review the EA/HCP may obtain a copy by contacting Mary Orms, 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 [[Page 38213]] appointment only, during normal business hours (8:00 to 4:30) at the Service's Austin, Texas Ecological Services Field Office. Written data or comments concerning the application(s) and EA/HCPs should be submitted to the Field Supervisor, Ecological Field Office, Austin, Texas (see ADDRESS above). Please refer to permit number PRT-812688 when submitting comments. FOR FURTHER INFORMATION CONTACT: Mary Orms 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 when such taking is incidental to, and not the purpose of, otherwise lawful activities. Regulations governing permits for endangered species are at 50 CFR 17.22. Applicant Bee Cave Oaks Development, Inc. plans to construct 186 residential lots and preserve approximately 58 acres of greenbelt areas within the 347-acre tract. The construction will be located at The Seven Oaks Ranch Property, located along Bee Cave Road (Highway 2244) between River Hills and Cuernavaca Roads in Austin, Travis County, Texas. This action will eliminate approximately 240 acres of habitat and six warbler territories. The applicant proposes to compensate for this incidental take of golden-cheeked warbler habitat by purchasing 73 acres of high quality habitat in the Vaughn Tract, located north of F.M. 2769, roughly 1.6 miles west of its intersection with Bullick Hollow Road, within the Cypress Creek macrosite preserve area of the Balcones Canyonlands Conservation Plan area, in Travis County. The land will be donated to the Lower Colorado River Authority and funding will be provided for operation and maintenance of the acquired habitat. 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. 96-18590 Filed 7-22-96; 8:45 am] BILLING CODE 4510-55-M