[Federal Register: May 16, 2000 (Volume 65, Number 95)]
[Page 31185-31186]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Notice of Availability of an Environmental Assessment/Habitat 
Conservation Plan for Issuance of an Endangered Species Act Section 
10(a)(1)(B) Permit for the Incidental Take of the Houston Toad (Bufo 
houstonensis) During Construction of One Single Family Residence on 0.5 
Acres of Each of 3 Lots in the Circle D Country Acres Subdivision, 
Bastrop County, Texas

SUMMARY: Cornerstone Construction Company (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 (Act). 
The Applicant has been assigned permit number TE-26687-0. The requested 
permit, which is for a period of 5 years, would authorize the 
incidental take of the endangered Houston toad (Bufo houstonensis). The 
proposed take would occur as a result of the construction and 
occupation of one single family residence on 0.5 acres of each of three 
lots (Lot 20, Section 5; Lot 49, Section 7; Lot 38, Section 8 in the 
Circle D Country Acres Subdivision, Bastrop 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 until at least 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 the EA/HCP should be 
received on or before June 15, 2000.

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 Tannika Engelhard, 
Ecological Services Field Office, 10711 Burnet Road, Suite 200, Austin, 
Texas 78758 (512/490-0057). Documents will be available for public 
inspection by written request, by appointment only, during normal 
business hours (8:00 to 4:30) at the U.S. Fish and Wildlife Service, 
Austin, Texas. Written data or comments concerning the application and 
EA/HCP should be submitted to the Field Supervisor, Ecological Services 
Field Office, Austin, Texas, at the above

[[Page 31186]]

address. Please refer to permit number TE-26687-0. when submitting 

FOR FURTHER INFORMATION CONTACT: Tannika Engelhard at the above Austin 
Ecological Services Field Office.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of endangered species such as the Houston toad. 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.


    Cornerstone Construction Company plans to construct a single family 
residence on 0.5 acres of each of three lots (Lot 20, Section 5; Lot 
49, Section 7; Lot 38, Section 8) in the Circle D Country Acres 
Subdivision, Bastrop County, Texas. This action will eliminate 1.5 
acres or less (0.5 acres or less per homesite) and result in indirect 
impacts within the lot. The applicant proposes to compensate for this 
incidental take of the Houston toad by providing $4,500.00 ($1,500 per 
homesite )to the National Fish and Wildlife Foundation for the specific 
purpose of land acquisition and management within Houston toad habitat, 
as identified by the Service.

Frank S. Shoemaker, Jr.,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 00-12246 Filed 5-15-00; 8:45 am]