[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Notices]
[Pages 14302-14303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6468]



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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 of One Single Family Residence on Lots 9 and 10, Block C, 
Section 6, Talbot Lane, Rob Roy on the Creek, Austin, Travis County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: Peter Van Cuylenburg (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-798667. 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 Talbot Lane, Rob Roy on the Creek, Austin, Travis County, 
Texas.

    The Service has prepared the Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) for the incidental take application. 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 and EA/HCP should be 
received on or before April 17, 1995.

ADDRESSES: Persons wishing to review the application may obtain a copy 
of writing to the Assistant Regional Director, Ecological Services, 
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 Joseph E. Johnston, 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 [[Page 14303]] business hours at the 
Ecological Services Field Office (8:00 to 4:30), at the above address 
in Austin, Texas. Written data or comments concerning the application 
should be submitted to the Acting Field Supervisor, Ecological Services 
Field Office, Austin, Texas (see ADDRESSES above). Please refer to 
permit number PRT-798667 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Joseph E. Johnston 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.
    Peter Van Cuylenburg plans to construct a single-family residence 
on Lots 9 and 10, Block C, Section 6, Rob Roy on the Creek Subdivision, 
Travis County, Texas. This action will eliminate less than one half 
acre of land and indirectly impact less than four additional acres of 
golden-cheeked warbler 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 this action were rejected because selling or not 
developing the subject property with federally listed species present 
was not economically feasible.
James A. Young,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 95-6468 Filed 3-15-95; 8:45 am]
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