[Federal Register Volume 65, Number 32 (Wednesday, February 16, 2000)]
[Notices]
[Page 7883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3608]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Availability of an Environmental Assessment/Habitat 
Conservation Plan and Receipt of an Application for an Incidental Take 
Permit for the Houston Toad (Bufo houstonensis) During Construction of 
One Single Family Residence on each of 21 Lots in the Circle D Country 
Acres Subdivision and on each of 6 Lots in the Piney Ridge Subdivision, 
Bastrop County, Texas

SUMMARY: SPSSCT Inc. DBA SPS Builders (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-021532-0. 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 of a single 
family residence on each of 21 lots in the Circle D Country Acres 
Subdivision [Section 3, Lot 66 (1.018 acres); Section 5, Lot 39 (1.32 
acres); Section 7, Lot 12 (0.498 acre); Section 8, Lot 21(0.942 acre); 
Section 6, Lots 16 (0.069 acre), 28 (1.13 acres), 30 (0.646 acre), 31 
(0.656 acre), 32 (0.400 acre), 40 (0.446 acre), 53 (0.517 acre), 54 
(0.584 acre), 55 (0.0457 acre), 56 (0.396 acre), 96 (0.763 acre), 100 
(0.758 acre), 101 (0.758 acre), 105 (0.758 acre), 109 (0.758 acre), 110 
(0.747 acre), and 111 (1.06 acres)] and 6 lots in the Piney Ridge 
Subdivision [Section 1, Lots 18A and 18B (1.036 acres each),19A, 19B, 
and 19C (1.302 acres each), and 25A (0.818 acre)] in 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 should be received on or 
before March 17, 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 Englehard, 
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 
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 address. Please refer to 
permit number TE-021532-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Tannika Englehard 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.

Applicant

    SPSSCT Inc. DBA SPS Builders plans to construct a single family 
residence on each of 21 lots in the Circle D Country Acres Subdivision 
[Section 3, Lot 66 (1.018 acres); Section 5, Lot 39 (1.32 acres); 
Section 7, Lot 12 (0.498 acre); Section 8, Lot 21 (0.942 acre); Section 
6, Lots 16 (0.069 acre), 28 (1.13 acres), 30 (0.646 acre), 31 (0.656 
acre), 32 (0.400 acre), 40 (0.446 acre), 53 (0.517 acre), 54 (0.584 
acre), 55 (0.0457 acre), 56 (0.396 acre), 96 (0.763 acre), 100 (0.758 
acre), 101 (0.758 acre), 105 (0.758 acre), 109 (0.758 acre), 110 (0.747 
acre), and 111 (1.06 acres)] and 6 lots in the Piney Ridge Subdivision 
[Section 1, Lots 18A and 18B (1.036 acres each),19A, 19B, and 19C 
(1.302 acres each), and 25A (0.818 acre)] in Bastrop County, Texas. 
This action will eliminate less than one acre of habitat per homesite 
and result in an unquantifiable amount of indirect impact. The 
applicant proposes to compensate for this incidental take of the 
Houston toad by contributing $40,500 ($1,500 for each 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.

Charlie Sanchez, Jr.,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 00-3608 Filed 2-15-00; 8:45 am]
BILLING CODE 4510-55-U