[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Notices]
[Pages 65744-65745]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27395]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2011-N142; 20124-1112-0000-F2]
Draft Environmental Assessment and Draft Habitat Conservation
Plan for Lower Colorado River Authority Transmission Services
Corporation in Central Texas
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of documents and announcement of public
hearings.
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SUMMARY: The Lower Colorado River Authority Transmission Services
Corporation (applicant) has applied to the U.S. Fish and Wildlife
Service (Service) for an incidental take permit under the Endangered
Species Act of 1973, as amended. The applicant has completed a draft
Habitat Conservation Plan (DHCP) as part of the application package. A
draft Environmental Assessment (DEA) that evaluates the permit
application in accordance with the requirements of the National
Environmental Policy Act of 1969 has also been prepared. We are making
the permit application package, including the application, DHCP, and
DEA, available for public review and comment.
DATES: Comment Period: To ensure consideration of your written
comments, we must receive them on or before close of business (4:30
p.m. C.S.T.) December 23, 2011.
Public Meetings: Two public meetings will be held in the
transmission line development area during the public comment period.
The dates, times, and locations of these meetings will be announced in
local newspapers at least 2 weeks before each meeting and will also be
posted on the following Web sites: http://www.fws.gov/southwest/es/AustinTexas/; http://www.lcra.org/energy/trans/crez/fed_envrio_compliance.html.
ADDRESSES: To find out how to obtain documents for review and where to
submit comments, see Reviewing Documents in SUPPLEMENTARY INFORMATION.
To submit comments, please use one of the following methods, and note
that your comment is in reference to permit number TE-46542A-0:
E-mail: fw2_aues_consult@fws.gov.
U.S. Mail: Field Supervisor, Austin Ecological Services
Field Office, 10711 Burnet Road, Suite 200, Austin, TX 78758-4460.
Fax: 512/490-0974.
We will also accept written and oral comments at both of
the public meetings (see DATES).
When submitting comments, please reference permit number TE-46542A-
0.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION: Under the National Environmental Policy Act
(NEPA), we advise the public that:
1. We have gathered the information necessary to determine impacts
and formulate alternatives for the draft Environmental Assessment (DEA)
related to the potential issuance of an incidental take permit (ITP) to
Lower Colorado River Authority Transmission Services Corporation (LCRA;
applicant); and
2. LCRA has developed a draft habitat conservation plan (DHCP) as
part of the application for an ITP, which describes the measures LCRA
has agreed to undertake to minimize and mitigate the effects of
incidental take of federally listed species to the maximum extent
practicable, pursuant to section 10(a)(1)(B) of the Endangered Species
Act of 1973, as amended (Act).
LCRA has applied for an ITP (TE-46542A-0) under section 10(a)(1)(B)
of the Act. The requested ITP, which would be in effect for a period of
30 years if granted, would authorize incidental take of two federally
listed species (covered species), golden-cheeked warbler (Dendroica
chrysoparia) and black-capped vireo (Vireo atricapilla). As described
in the DHCP, the proposed incidental take would occur in Gillespie,
Kendall, Kerr, Kimble, Mason, Menard, Schleicher, Sutton, and Tom Green
Counties, Texas (Permit Area), and would result from activities
associated with construction, maintenance, operation, and repair (both
routine and emergency) of two Competitive Renewable Energy Zone (CREZ)
transmission lines and their associated access roads (Covered
Activities), which are required to be constructed by the Public Utility
Commission of Texas (PUC).
The DEA considers the direct, indirect, and cumulative effects of
the proposed action of permit issuance, including the measures that
will be implemented to minimize and mitigate such impacts to the
maximum extent practicable.
Background
We initially prepared a notice of intent (NOI) to prepare an
Environmental Impact Statement and
[[Page 65745]]
held public scoping meetings in connection with the applicant's
requested permit. The NOI was published in the Federal Register on
March 19, 2010 (75 FR 13299), and opened a comment period which lasted
until June 17, 2010. A summary of comments provided during the 2010
scoping period, which included public meetings held April 19, 2010, in
San Angelo, Texas; April 21, 2010, in Comfort, Texas; April 22, 2010,
in Junction, Texas; April 26, 2010, in Lampasas, Texas; and April 27,
2010, in Fredericksburg, Texas, is available on the U.S. Fish and
Wildlife Service's (Service) Web site at http://www.fws.gov/southwest/es/AustinTexas/ and on the applicant's Web site at http://www.lcra.org/energy/trans/crez/fed_envrio_compliance.html.
Prior to the applicant filing its formal application with the
Service for an incidental take permit, the scope of the anticipated
covered activities was reduced significantly. Specifically, what was
once to be an application covering take associated with construction,
operation, maintenance, and repair of four 345-killivolt (kV)
transmission lines, whose routes were unknown and which could touch all
or a portion of 14 counties, is now an application for a permit
authorizing potential take of listed species in connection with two
345-kV transmission lines and their associated access roads whose
routes are known. Potential impacts to species have been reduced
substantially, and mitigation for those impacts meets or exceeds
mitigation levels accepted by the Service in HCPs covering the same
species.
Proposed Action
The proposed action involves the issuance of an ITP by the Service
for the Covered Activities in the Permit Area, pursuant to section
10(a)(1)(B) of the Act. The ITP would cover ``take'' of the Covered
Species associated with the construction, maintenance, operation, and
repair of the transmission lines and associated access roads occurring
within the Permit Area.
The requested term of the permit is 30 years. To meet the
requirements of a section 10(a)(1)(B) ITP, the applicant has developed
and proposes to implement its DHCP, which describes the conservation
measures LCRA has agreed to undertake to minimize and mitigate for the
impacts of the proposed incidental take of the Covered Species to the
maximum extent practicable, and ensures that incidental take will not
appreciably reduce the likelihood of the survival and recovery of these
species in the wild.
Other Alternatives Considered
We considered two alternatives to the proposed action. However,
alternative route selection was not considered as part of any
alternatives, as neither the applicant nor the Service had the
authority to select alternative routes. Route selection is solely
within the legal authority and discretion of the PUC.
1. No Action--No ITP would be issued. Under this alternative, the
applicant examined whether it was possible to construct transmission
lines along the routes selected by the PUC without the likelihood of
causing take of listed species. LCRA examined the options for
minimizing clearing of potential habitat (including that occurring
within the rights-of-way) and conducting all clearing and construction
activities outside of the breeding seasons of the Covered Species.
While this would reduce the impacts to Covered Species, it still
resulted in ``take,'' since their habitat occurs within the alignments
for both transmission lines. In addition to the inability to avoid
``take,'' this alternative would also result in increased costs,
increased safety and reliability concerns, and no conservation benefit
from mitigation for the Covered Species.
2. Maximum Take Avoidance Alternative--Under this alternative, the
applicant would employ the avoidance and minimization measures
described under the No Action alternative, but they would pursue an ITP
for less take than under the Proposed Alternative. This alternative
would also result in increased costs, increased safety and reliability
concerns, and less conservation benefit for the Covered Species than
under the Proposed Alternative.
Reviewing Documents
You may obtain copies of the DEA and DHCP by going to the Service's
Web site at http://www.fws.gov/southwest/es/AustinTexas/ or LCRA's Web
site at http://www.lcra.org/energy/trans/crez/fed_envrio_compliance.html. Alternatively, you may obtain CD-ROMs with electronic
copies of these documents by writing to Mr. Adam Zerrenner, Field
Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite
200, Austin, TX 78758; calling 512/490-0057; or faxing 512/490-0974. A
limited number of printed copies of the DEA and DHCP are also
available, by request, from Mr. Zerrenner. Copies of the DEA and DHCP
are also available for public inspection and review at the following
locations, by appointment and written request only, 8 a.m. to 4:30
p.m.:
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
6034, 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
writing to the Regional Director, U.S. Fish and Wildlife Service, P.O.
Box 1306, Room 6034, Albuquerque, NM 87103.
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. We will not consider anonymous
comments. All submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses, will be made available for public
disclosure in their entirety.
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. 4321 et seq.) and its implementing regulations (40 CFR
1506.6).
Section 9 of the Act and its implementing regulations prohibit
``take'' of fish and wildlife species listed as threatened or
endangered under section 4 of the Act. However, section 10(a) of the
ESA authorizes us to issue permits to take listed wildlife species
where such take is incidental to, and not the purpose of, otherwise
lawful activities and where the applicant meets certain statutory
requirements.
Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2011-27395 Filed 10-21-11; 8:45 am]
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