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###### Department of the Interior

###### Fish and Wildlife Service 

# 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                               ( print page 31186)                            address. Please refer to permit number TE-26687-0. when submitting comments.                     

# 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. 

## Applicant 

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] 

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