Federal Register: December 18, 2008 (Volume 73, Number 244)
DOCID: fr18de08-81 FR Doc E8-30038
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
FWS ID: [FWS-R2-ES-2008-N0311]; [20124-1113-0000-F2]
NOTICE: NOTICES
DOCID: fr18de08-81
ACTION: Environmental Impact Statements; Availability, etc.:
DOCUMENT ACTION: Notice of Availability of an Environmental Assessment and Habitat Conservation Plan (EA/HCP).
SUBJECT CATEGORY:
Barton Creek Office Park Environmental Assessment and Habitat Conservation Plan, Travis County, TX
DATES: To ensure consideration, we must receive written comments on or before February 17, 2009.
DOCUMENT SUMMARY:
Brandywine Realty Trust (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to section 10(a) of the Endangered Species Act of 1973, as amended (Act). The Applicant has been assigned permit number TE198648 0. The requested permit, which is for a period of 30 years, would authorize incidental take of the endangered goldencheeked warbler (Dendroica chrysoparia). The proposed take would occur as a result of the construction and operation of the 14.83acre Barton Creek Office Park.
SUMMARY:
Barton Creek Office Park Habitat Conservation Plan, Travis County, TX,
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 subject tract is located in southwest Austin, on the west side of the Capital of Texas Highway (also known as Loop 360) immediately across from the intersection of Walsh Tarlton Lane, Travis County, Texas. Habitat for the goldencheeked warbler has been documented on and adjacent to the subject tract. An EA/HCP has been included as part of the permit application. A determination of jeopardy or nonjeopardy to the species and a decision pursuant to the National Environmental Policy Act 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 National Environmental Policy Act regulations (40 CFR 1506.6).
Applicant: Brandywine Realty Trust plans to construct and operate a commercial development on the 14.83acre tract and pay Travis County an amount equal to 79.47 acres (the proposed alternative's mitigation acreage) multiplied by the Balcones Canyonlands Conservation Plan's (the ``BCCP'') fee level under its Alternative Process option (currently $6,500 per acre) in effect at the time of such payment. Payment shall be made prior to initiation of clearing activities for the development.
In the event that the Alternative Process fee option becomes unavailable, the Applicant will provide funding in the amount of $516,555 toward the acquisition of 79.47 acres of land within the Balcones Canyonlands Preserve (BCP) acquisition area.
The EA/HCP was prepared to consider the impacts of the proposed
action on the human environment and to address impacts to listed
species as a result of developing the subject tract. This document
describes the impacts to the goldencheeked warbler that would likely
result from the development, steps the Applicant would take to minimize
and mitigate such impacts to the maximum extent practicable, the
funding available to implement those steps, and the alternatives that have been considered.
Thomas L. Baur,
Acting Regional Director, Region 2.
[FR Doc. E830038 Filed 121708; 8:45 am]
BILLING CODE 431055P
FOR FURTHER INFORMATION CONTACT
William Amy at the above address.