[Federal Register: June 3, 2010 (Volume 75, Number 106)]
[Notices]
[Page 31463-31464]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn10-86]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2009-N192; 20124-1112-0000-F2]
Comal County Regional Habitat Conservation Plan, Comal County, TX
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability: draft environmental impact statement,
draft habitat conservation plan, and permit application; announcement
of a public hearing.
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SUMMARY: Comal County, Texas (Applicant), has applied to the U.S. Fish
and Wildlife Service (Service) for an incidental take permit (TE-
223267-0) under section 10(a)(1)(B) of the Endangered Species Act (Act)
of 1973, as amended. The requested permit, which would be in effect for
a period of 30 years, if granted, would authorize incidental take of
the following federally listed species: Golden-cheeked warbler
(Dendroica chrysoparia) and black-capped vireo (Vireo atricapilla). The
proposed take would occur in Comal County, Texas, as a result of
activities including, but not limited to: Public or private
construction and development, utility installation and maintenance, and
public infrastructure projects. Comal County has completed a draft
Habitat Conservation Plan (dHCP) as part of the application package. We
have issued a draft Environmental Impact Statement (dEIS) that
evaluates the impacts of, and alternatives to, possible issuance of an
incidental take permit (ITP).
DATES: Comment-period end: To ensure consideration, we must receive
written comments by close of business (4:30 p.m. CDT) on or before
September 1, 2010.
Public meetings: We will accept oral and written comments at a
public hearing to be held on July 27, 6 p.m. to 8 p.m., Comal County
Commissioners Court, 199 Main Plaza, New Braunfels, Texas 78130.
ADDRESSES: For where to review documents and submit comments, and the
public meeting location, see Reviewing Documents and Submitting
Comments in SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Mr. Adam Zerrenner, Field Supervisor,
U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin,
TX 78758 or 512-490-0057.
SUPPLEMENTARY INFORMATION: Under the National Environmental Policy Act
(NEPA; 42 U.S.C. 4371 et seq.), this notice advises the public that we
have gathered the information necessary to determine impacts and
formulate alternatives for the EIS related to the potential issuance of
an ITP to Comal County; and that the Applicant has developed an HCP
which describes the measures the applicant has agreed to undertake to
minimize and mitigate the effects of incidental take of federally
listed species to the maximum extent practicable, under section
10(a)(1)(B) of the Act (16 U.S.C. 1531 et seq.).
Background
Our initial notice of intent to prepare an EIS and hold public
scoping meetings published in the Federal Register on October 16, 2008
(73 FR 61433). A public scoping meeting was held on December 4, 2008,
at Commissioners Court in New Braunfels, Texas. The dHCP and the
conservation programs described in the plan were developed in a process
involving participants and stakeholders from potentially affected or
interested groups in Comal County. The groups are organized into a
Citizens Advisory Committee and a Biological Advisory Team that have
overseen the development of the dHCP. The Comal County Web site
contains information on meetings, documents, and the status of the
process.
Section 9 of the Act and its implementing regulations prohibit the
``taking'' of threatened and endangered species. However, under limited
circumstances, we may issue permits to take listed wildlife species
incidental to, and not the purpose of, otherwise lawful activities.
Proposed Action
The proposed action involves the issuance of an ITP by the Service
for covered activities in Comal County, under section 10(a)(1)(B) of
the Act. The activities that would be covered by the ITP are public or
private construction and development, utility installation and
maintenance (including, but not limited to, power and cable stations,
substations, and transmission lines; water, sewer, and natural gas
pipelines; and plants and other facilities), and public infrastructure
projects such as school development, road construction and maintenance,
and parkland. The ITP will cover Comal County, Texas. The requested
term of the permit is 30 years. To meet the issuance criteria for an
ITP, the Applicant has developed and will implement the dHCP, which
describes the conservation measures the Applicant has agreed to
undertake to minimize the potential for and mitigate the potential
effects of incidental take of golden-cheeked warbler and black-capped
vireo to the maximum extent practicable.
Alternatives
The alternatives to the proposed action we are considering as part
of this process are:
1. No Action--A countywide HCP would not be implemented, and no ITP
would be issued. This alternative would require individuals to seek
authorization through section 7 consultation or individual section 10
permits to address incidental take resulting from their actions in
Comal County or avoid taking actions that would result in incidental
take.
2. Modified (Reduced Take and Mitigation) HCP--This alternative
would only cover take of the golden-cheeked warbler, and the amount of
authorized take and mitigation would be reduced for this species.
3. Preferred Alternative (Proposed Comal County RHCP)--This
alternative would involve issuance of a 10(a)(1)(B) permit covering
impacts to 5,238 acres of golden-cheeked warbler habitat and 1,000
acres of black-capped vireo habitat.
Reviewing Documents and Submitting Comments
Please refer to TE-223267-0 when requesting documents or submitting
comments.
You may obtain copies of the dEIS and dHCP by going to the Comal
County Web site at http://www.co.comal.tx.us/comalrhcp/default.htm.
Alternatively, you may obtain compact disks with electronic copies of
these documents by contacting Mr. Adam Zerrenner, Field Supervisor, by
U.S. mail at U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite
200, Austin, TX 78758; or by phone at 512/490-0057; or by fax to 512/
490-0974. A limited number of printed copies of the dEIS and dHCP are
also available, by request, from Mr. Zerrenner. Copies of the dEIS and
dHCP are also available for public inspection and review at the
following locations
[[Page 31464]]
(by appointment only at government offices):
Department of the Interior, Natural Resources Library,
1849 C. St., NW., Washington, DC 20240.
U.S. Fish and Wildlife Service, 500 Gold Avenue, SW., Room
4012, Albuquerque, NM 87102.
U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite
200, Austin, TX 78758.
Persons wishing to review the application may obtain a copy by
contacting Mr. Adam Zerrenner, Field Supervisor, by U.S. mail at U.S.
Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX
78758; or by phone at 512/490-0057; or by fax to 512/490-0974.
Public Meeting
We will accept oral and written comments at a public hearing to be
held on July 27, 2010, 6 p.m. to 8 p.m., Comal County Commissioners
Court, 199 Main Plaza, New Braunfels, Texas 78130.
Submitting Comments
Written comments may be submitted to Mr. Adam Zerrenner (see FOR
FURTHER INFORMATION CONTACT). We will also accept written and oral
comments at a public hearing (see DATES).
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. Before including your address, phone
number, e-mail address, or other personal identifying information in
your comment, you should be aware that your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can request in your comment that we withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Authority
We provide this notice under section 10(c) of the Act (16 U.S.C.
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA
(42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR
1506.6).
Brian Millsap,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2010-13294 Filed 6-2-10; 8:45 am]
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