Federal Register: December 19, 2005 (Volume 70, Number 242)

DOCID: FR Doc E5-7489

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

NOTICE: NOTICES

ACTION: Environmental statements; availability, etc.:

DOCUMENT ACTION: Notice of availability.

SUBJECT CATEGORY:

Notice of Availability of an Environmental Assessment/Habitat Conservation Plan and Receipt of Application for Construction and Operation of a Residential and Commercial Development on the 307.85- acre Shadow Canyon Property, Williamson County, TX

DATES: To ensure consideration, written comments must be received on or before February 17, 2006.

DOCUMENT SUMMARY:

San Gabriel Harvard Limited Partnership (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a) of the
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Endangered Species Act (Act). The requested permit, which is for a period of 30 years, would authorize incidental take of the endangered goldencheeked warbler (Dendroica chrysoparia), Bone Cave harvestman (Texella reyesi), and Coffin Cave mold beetle (Batrisodes texanus). The proposed take would occur as a result of the construction and operation of a residential development on 307.85 acres (124.6 hectares) of the Shadow Canyon property, Williamson County, Texas.

SUMMARY:

Williamson County, TX; golden-cheeked warbler, etc.,

SUPPLEMENTAL INFORMATION

Section 9 of the Act prohibits the ``taking'' of endangered species such as the goldencheeked 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. The Service has prepared an EA/ HCP for the incidental take application. A determination of jeopardy or nonjeopardy to the species and a decision pursuant to the National Environmental Policy Act (NEPA) will not be made until at least 60 days from the date of publication of this notice. This notice is provided pursuant to Section 10(c) of the Act and NEPA regulations (40 CFR 1506.6).

Applicant: San Gabriel Harvard Limited Partnership plans to construct a residential and commercial development on 307.85 acres of the Shadow Canyon property, Williamson County, Texas. This action would adversely affect 43.35 acres (17.5 hectares) of oakjuniper woodland resulting in take of one to two pairs of goldencheeked warblers. The Applicant proposes to compensate for this incidental take of the goldencheeked warbler by purchasing 86 credits from a conservation bank approved by the Service to preserve 86 acres (35 hectares) of goldencheeked warbler habitat in perpetuity within the acquisition area of the Balcones Canyonlands National Wildlife Refuge. The development also has the potential to take the Bone Cave harvestman and/or the Coffin Cave mold beetle should previously unknown but occupied voids be discovered during construction. To compensate for this event, the Applicant proposes to establish a 43.84acre (17.7 hectare) preserve onsite to be managed in perpetuity for the benefit of the endangered karst invertebrates.
Geoffrey L. Haskett,
Acting Regional Director, Region 2, Albuquerque, New Mexico. [FR Doc. E57489 Filed 121605; 8:45 am]
BILLING CODE 451055P

FOR FURTHER INFORMATION CONTACT

Sybil Vosler, U.S. Fish and Wildlife Service, Ecological Services Office, 10711 Burnet Road, Suite 200, Austin, Texas 78758 (512/4900057, ext. 225).