[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Notices]
[Pages 42756-42758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17610]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2012-N099: FXES11120200000F2-112-FF02ENEH00]
Draft Environmental Impact Statement and Draft Habitat
Conservation Plan for Incidental Take of 11 Federally Listed or
Petitioned Species by the Edwards Aquifer Recovery Implementation
Program in 8 Texas Counties
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; announcement of public meetings; and
request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the
availability of the draft environmental impact statement and the draft
Edwards Aquifer Recovery Implementation Program (EARIP) habitat
conservation plan, under the National Environmental Policy Act of 1969.
The EARIP has applied for an incidental take permit (TE63663A-0) under
the Endangered Species Act of 1973, as amended, that would authorize
incidental take of animal species and impacts to plant species (covered
species) in all, or portions, of eight Texas counties.
DATES: Comment Period: To ensure consideration of your written
comments, they must be received on or before close of business (4:30
p.m. C.S.T.) October 18, 2012.
Public Meetings: Seven public meetings will be held throughout the
region affected by the management of the Edwards Aquifer. The dates and
times for each meeting location (Corpus Christi, Kerrville, New
Braunfels, San Antonio, San Marcos, Uvalde, and Victoria) 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/ and http://earip.org.
ADDRESSES: To obtain documents for review, 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 the Edwards Aquifer Recovery
Implementation Program (TE63663A-0):
Email: fw2_aues_consult@fws.gov.
U.S. Mail: Field Supervisor, Austin Ecological Services
Field Office, 10711 Burnett Road, Suite 200, Austin, TX 78758-4460;
telephone 512/490-0057.
Fax: 512/490-0974.
We will also accept written and oral comments at the
public meetings (see DATES).
FOR FURTHER INFORMATION CONTACT: Mr. Adam Zerrenner, Field Supervisor,
by U.S. mail at U.S. Fish and Wildlife Service, Austin Ecological
Services Field Office, 10711 Burnett Road, Suite 200, Austin, TX 78758-
4460; or by telephone 512/490-0057.
[[Page 42757]]
SUPPLEMENTARY INFORMATION: In accordance with the requirements of the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.), we advise the public that:
1. We have gathered the information necessary to determine impacts
and formulate alternatives for the draft environmental impact statement
(DEIS) related to potential issuance of an incidental take permit (ITP)
to the Applicants; and
2. The Applicants have developed a draft habitat conservation plan
(DHCP) as part of the application for an ITP, which describes the
measures the Applicants have agreed to take to minimize and mitigate
the effects of incidental take of covered species to the maximum extent
practicable pursuant to section 10(a)(1)(B) of the Endangered Species
Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.).
The Applicants have applied for an ITP (TE63663A-0) under section
10(a)(1)(B) of the Act. The requested ITP, which would be in effect for
a period of 15 years if granted, would authorize incidental take of
seven federally listed animal species (covered species), including the
endangered fountain darter (Etheostoma fonticola), threatened San
Marcos salamander (Eurycea nana), endangered San Marcos gambusia
(Gambusia georgei), endangered Texas blind salamander (Typhlomolge
[=Eurycea] rathbuni), endangered Peck's cave amphipod (Stygobromus
pecki), endangered Comal Springs dryopid beetle (Stygoparnus
comalensis), and the endangered Comal Springs riffle beetle (Heterelmis
comalensis); as well as impacts to endangered Texas wild rice (Zizania
texana). The requested ITP would also cover three petitioned species,
including Edwards Aquifer diving beetle (Haideoporus texanus), Comal
Springs salamander (Eurycea sp.), and Texas troglobitic water slater
(Lirceolus smithii) in case they are listed during the duration of the
ITP. As described in the DHCP, the proposed incidental take could occur
in Bexar, Medina and Uvalde Counties, and portions of Atascosa,
Caldwell, Comal, Guadalupe, and Hays Counties in Texas (Permit Area),
and would result from activities associated with otherwise lawful
activities including the regulation and use of groundwater for
irrigation, industrial, municipal, domestic, and livestock purposes;
the use of instream flows in the Comal River and San Marcos River for
recreational uses; and other operational and maintenance activities
that could affect Comal Springs, San Marcos Springs, and the associated
river systems. The DEIS considers the direct, indirect, and cumulative
effects of implementation of the HCP, including the measures that will
be implemented to minimize and mitigate such impacts to the maximum
extent practicable.
Take of listed plant species is not defined in the Act, although
the Act does identify several prohibitions. However, because covered
species in the EARIP HCP include both animals and a plant, in the
following discussion we use the term ``incidental take'' when
discussing impacts to covered plants, as well as actual incidental take
of covered animals.
Background
We published a notice of intent (NOI) to prepare an environmental
impact statement in the Federal Register on March 5, 2010 (75 FR
10305), and held public scoping meetings in connection with the
requested permit. The NOI opened a comment period that lasted until
June 3, 2010. A summary of comments provided during the 2010 scoping
period, which included public meetings held that year in seven Texas
cities as follows: Victoria on April 1, New Braunfels on April 12,
Uvalde on April 14, San Marcos on April 19, San Antonio on April 26,
Corpus Christi on April 28, and Kerrville on April 29, is available on
the Service's Web site at http://www.fws.gov/southwest/es/AustinTexas/
and on the Applicants' Web site at http://earip.org.
The Edwards Aquifer Recovery Implementation Program (EARIP)
comprises a diverse group of regional stakeholders from South Central
Texas that undertook a collaborative, consensus-based process to
develop a plan to protect and contribute to the recovery of listed
species associated with Comal and San Marcos Springs while also
protecting the Edwards Aquifer (Aquifer) as a water supply source. The
EARIP completed a DHCP, and the Edwards Aquifer Authority; San Antonio
Water Systems; City of New Braunfels, Texas; City of San Marcos, Texas;
and Texas State University (collectively, the Applicants) have applied
to the U.S. Fish and Wildlife Service (Service) for an ITP under the
Act. The Applicants submitted the EARIP DHCP as part of the ITP
application package. We prepared a DEIS that evaluates the permit
application in accordance with the requirements of NEPA.
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 otherwise lawful activities including the
regulation and use of groundwater for irrigation, industrial,
municipal, domestic, and livestock purposes; the use of instream flows
in the Comal River and San Marcos River for recreational uses; and
other operational and maintenance activities that could affect Comal
Springs, San Marcos Springs, and the associated river systems. The
requested term of the ITP is 15 years. To meet the requirements of a
section 10(a)(1)(B) permit, the Applicants have developed and propose
to implement their DHCP, which describes the conservation measures the
Applicants have agreed to undertake to minimize and mitigate 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. This alternative provides a comprehensive
mitigation approach for unavoidable impacts to Covered Species and
reduces potential permit processing effort for the Service.
Other Alternatives Considered
We considered three alternatives to the proposed action.
1. No Action--No ITP would be issued. Under this alternative the
management and use of the Aquifer and the use of areas associated with
the Comal and San Marcos Springs would continue regardless of whether a
section10(a)(1)(B) permit is sought or issued. The Applicants would
continue to be subject to the take prohibitions of the ESA. Where
potential impacts could not be avoided, and where a Federal nexus
exists, measures designed to minimize and mitigate for the impacts
would be addressed through individual formal or informal consultation
with the Service. In the absence of a Federal nexus, the Applicants and
other parties in the region would potentially need individual section
10(a)(1)(B) incidental take permits on a project-by-project basis if
their activities might result in incidental take of Federally listed
species within the proposed permit area. This project-by-project
approach would be more time-consuming, less efficient, and could result
in an isolated, independent mitigation approach that might be less
beneficial to the covered species than the proposed regional permit.
2. Another considered alternative explored the use of expanded
Aquifer Storage and Recovery (ASR) operations with associated
infrastructure to
[[Page 42758]]
supplement springflows at Comal and San Marcos Springs during drought
conditions. This alternative contemplated implementation of an HCP and
issuance of an ITP for covered activities similar to the preferred
alternative. This alternative incorporates many of the minimization and
mitigation measures proposed under the preferred alternative. This
alternative differs from the preferred alternative primarily in the
mechanism by which enhanced springflows would be achieved. This
alternative relies on storage of Aquifer water in underground ASR
facilities located in Bexar and Wilson Counties during periods of
normal or above-normal precipitation. These stored waters would then be
pumped through water transmission pipelines during drought conditions
to be injected into recharge features in Comal County to supplement
springflows at Comal and San Marcos Springs. This alternative achieves
similar simulated springflows at Comal and San Marcos Springs when
modeled over the period of record as the preferred alternative, though
the construction, operation, and maintenance of the infrastructure
required to supplement springflows has the potential to negatively
affect additional listed species within the project study area, and
there are unanswered questions related to the effects to water quality
of storage and reuse of Aquifer water.
3. A third alternative contemplated regulatory approaches
restricting region-wide Aquifer pumping to maintain springflows
protective of the Covered Species. No HCP would be implemented under
this alternative, and no ITP would be issued. Simulated springflows
believed to be protective of the covered species during drought
conditions could be maintained under this alternative, though the
indirect and cumulative effects resulting from the proposed pumping
restrictions and the costs associated with developing alternative water
sources for human use would be expected to have significant negative
socioeconomic impacts throughout the region. Because no ITP would be
issued, the Applicants would continue to be subject to the take
prohibitions of the ESA, and a project-by-project approach to
mitigation of unavoidable impacts to listed species would be more time-
consuming, less efficient, and could result in an isolated independent
mitigation approach that might be less beneficial to the covered
species than the proposed regional permit.
Reviewing Documents
You may obtain copies of the DEIS and DHCP on the Service's Web
site at http://www.fws.gov/southwest/es/AustinTexas/ or the EARIP Web
site at http://earip.org.
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 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,
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, email 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).
Dated: June 7, 2012.
Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2012-17610 Filed 7-19-12; 8:45 am]
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