[Federal Register: April 15, 1998 (Volume 63, Number 72)]
[Notices]               
[Page 18438]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap98-124]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

 
Availability of an Environmental Assessment/Habitat Conservation 
Plan and Receipt of Application for an Incidental Take Permit

ACTION: Notice of 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 on approximately 219 acres of the 498-acre Vista Royale 
Property, Lakeway, Travis County, Texas.

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SUMMARY: Lakeway Vista Royale, Ltd. (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-812695. 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 result of the construction and operation of a 
residential and commercial development on approximately 219 acres of 
the 498-acre Vista Royale 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 jeopardy to the species or a Finding of No Significant 
Impact (FONSI) will not be made until, at a minimum, 30 days from the 
date of publication of this notice. This notice is provided pursuant to 
Section 10(a) 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 May 15, 1998.

ADDRESSES: Persons wishing to review the application may obtain a copy 
by writing to the Assistant Regional Director, Ecological Services, 
U.S. Fish and Wildlife Service, P.O. Box 1306, Albuquerque, New Mexico 
87103.
    Documents will be available for public inspection by appointment 
only during normal business hours (8:00 to 4:30). Written data or 
comments concerning the application(s) and EA/HCPs should be submitted 
to the Supervisor, Ecological Field Office, U.S. Fish and Wildlife 
Service, 10711 Burnet Rd., Austin, Texas 78758. Please refer to permit 
number PRT-812695 when submitting comments.

FOR FURTHER INFORMATION CONTACT: 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

    Lakeway Vista Royale, Ltd. plans to construct a residential and 
commercial development on the 498-acre tract and will preserve 
approximately 198 acres of golden-cheeked warbler habitat on site. The 
construction will be located at the Vista Royale property located 
southeast and directly adjacent to the City of Lakeway and 
approximately 2 miles northwest of the Village of Bee Cave and roughly 
14 miles west-northwest of the downtown City of Austin. The preserved 
area will be maintained in its natural state and title or conservation 
easement granted in perpetuity and will be held by a nonprofit 
conservation organization or governmental agency approved by the 
Service.
    Alternatives to this action were rejected because selling or not 
developing the subject property with federally listed species present 
was not economically feasible.
Renne Lohoefener,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 98-9774 Filed 4-14-98; 8:45 am]
BILLING CODE 4510-55-P