[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Pages 33249-33250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15222]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R2-ES-2016-0141; FXES11140200000-189-FF02ENEH00]
Final Environmental Impact Statement and Draft Record of Decision
on the Barton Springs/Edwards Aquifer Conservation District Habitat
Conservation Plan for Two Salamander Species in Travis and Hays
Counties, Texas
AGENCY: Fish and Wildlife Service, Department of the Interior.
ACTION: Notice of availability.
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SUMMARY: We, the U.S. Fish and Wildlife Service, under the National
Environmental Policy Act, make available the final environmental impact
statement and draft record of decision analyzing the impacts of
issuance of an incidental take permit for implementation of the Barton
Springs/Edwards Aquifer Conservation District (BSEACD) Habitat
Conservation Plan (HCP). Our decision is to issue a 20-year incidental
take permit for implementation of the BSEACD HCP, which authorizes
incidental take of two listed salamanders under the Endangered Species
Act.
DATES: We will finalize the record of decision and issue a permit no
sooner than August 13, 2018.
ADDRESSES: You may obtain copies of the documents in the following
formats:
Electronic:
[cir] http://www.regulations.gov, in Docket No. FWS-R2-ES-2016-
0141.
[cir] http://www.fws.gov/southwest/es/AustinTexas.
[cir] CD-ROM: Contact Mr. Adam Zerrenner (see FOR FURTHER
INFORMATION CONTACT).
[cir] Telephone: 512-490-0057.
Hard copy: You may review the documents at the following
locations (by appointment only):
[cir] Department of the Interior, Natural Resources Library, 1849 C
Street NW, Washington, DC 20240. Call (202) 208-5815.
[cir] U.S. Fish and Wildlife Service, 500 Gold Avenue SW, Room
6034, Albuquerque, NM 87102. Call (505) 248-6920.
[cir] U.S. Fish and Wildlife Service, 10711 Burnet Road Suite 200,
Austin, TX 78758. Call (512) 490-0057.
FOR FURTHER INFORMATION CONTACT: Mr. Adam Zerrenner, Field Supervisor,
by phone at 512-490-0057, via fax at 512-490-0974, or by U.S. mail at
U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin,
TX 78758.
SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service
(Service), announce the availability of several documents related to an
incidental take permit (ITP) application under the Endangered Species
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The final
environmental impact statement (EIS) and draft record of decision (ROD)
were developed in compliance with the agency decision-making
requirements of the National Environmental Policy Act (NEPA; 42 U.S.C.
4321 et seq.), and are based on the habitat conservation plan (HCP) as
submitted by the Barton Springs/Edwards Aquifer Conservation District
(BSEACD, or applicants). We described all four alternatives in detail,
which were fully evaluated and analyzed in our 2018 final EIS. The
draft ROD documents the rationale for our decision.
Our proposed action is to issue an ITP to the applicants under
section 10(a)(1)(B) of the ESA that authorizes incidental take of the
Barton Springs salamander (Eurycea sosorum) and Austin blind salamander
(Eurycea waterlooensis) during management of the Barton Springs segment
of the Edwards Aquifer. The aquifer is the primary water supply for
more than 70,000 people in the region and the source water for the
Barton Springs complex. The applicants requested a term of 20 years
from the date of issuance. The applicants will fully implement
minimization and mitigation measures to offset impacts to the covered
species according to their HCP.
The minimization measures include: Providing the most efficient use
of groundwater, controlling and preventing waste of groundwater,
addressing conjunctive surface water management issues, addressing
natural resource management issues, addressing drought conditions,
addressing demand reduction through conservation, addressing supply
through structural enhancement, and quantitatively addressing
established desired future conditions.
The mitigation measures include a commitment to:
Support the operations of an existing refugium through in-
kind, contracted support, cash provision, or other appropriate means;
conduct a feasibility study of dissolved oxygen
augmentation and, if warranted, implement a pilot project at Main
Spring at Barton Springs;
maintain and operate the Antioch Recharge Enhancement
Facility for the permit term;
establish a new reserve fund for closing abandoned wells
to eliminate high-risk abandoned wells as potential conduits for
contaminants from the surface or adjacent formations into the aquifer,
with priority given to problematic wells close to the Barton Springs
outlets or those associated with water chemistry concerns under severe
drought conditions; and
provide leadership and technical assistance to other
government entities, organizations, and individuals when prospective
land-use and groundwater management activities in those entities'
purview will, in the District's assessment, significantly affect the
quantity or quality of groundwater in the Aquifer.
In addition to this notice, the Environmental Protection Agency
(EPA) published a notice announcing the EIS on July 13, 2018, as
required under the Clean Air Act, section 309 (42 U.S.C. 7401 et seq.;
see EPA's Role in the EIS Process below).
Background
The applicants have applied for an ITP (TE10607C-0) under the ESA
that would authorize incidental take of two covered species and would
be in effect for a period of 20 years. The proposed
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incidental take of the covered species would occur from lawful, non-
Federal activities from groundwater withdrawals from registered wells
(non-exempt) in the Edwards Aquifer that are authorized and regulated
under the BSEACD's permitting program and activities necessary to
manage potential habitat for the covered species within the permit area
(covered activities). The BSEACD HCP Plan Area includes Hays and Travis
Counties, Texas. The final EIS considers the direct, indirect, and
cumulative effects of implementing the HCP, including the measures that
will be implemented to minimize and mitigate such impacts to the
maximum extent practicable.
Section 9 of the ESA and its implementing regulations in title 50
of the Code of Federal Regulations (CFR) prohibit ``take'' of fish and
wildlife species listed as endangered or threatened under the ESA. The
ESA defines ``take'' as ``to harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect listed animal species, or attempt to
engage in such conduct'' (16 U.S.C. 1533). The term ``harm'' is defined
in the regulations as significant habitat modification or degradation
that results in death or injury to listed species by significantly
impairing essential behavioral patterns, including breeding, feeding,
or sheltering (50 CFR 17.3). However, we may, under specified
circumstances, issue permits that allow the take of federally listed
species, provided that the take is incidental to, but not the purpose
of, otherwise lawful activity. Regulations governing ITPs for
endangered and threatened species are at 50 CFR 17.22 and 17.32,
respectively.
On July 18, 2017, we issued a draft EIS and requested public
comment on our evaluation of the potential impacts associated with
issuance of an ITP for implementation of the BSEACD HCP and to evaluate
alternatives (82 FR 32861). We held a public meeting in Austin, Texas,
August 22, 2017. The public comment period closed on September 18,
2017.
We identified key issues and relevant factors through public
scoping and meetings, working with other agencies and groups, and
reviewing comments from the public. We received responses from one
local government agency and two nongovernmental agencies. We believe
these comments are addressed and reasonably accommodated in the final
documents, and we have included the public's comments and our responses
in Appendix A5-1 of the final EIS.
Decision
We intend to issue an ITP allowing the applicants to implement the
BSEACD HCP. Our decision is based on a thorough review of the
alternatives and their environmental consequences. Implementing this
decision entails issuing an ITP to BSEACD and full implementation of
the HCP by the applicants, including minimization and mitigation
measures, monitoring and adaptive management, and complying with all
terms and conditions in the ITP.
A final ITP decision will be made no sooner than 30 days after the
publication of this notice of availability and completion of the record
of decision.
EPA's Role in the EIS Process
In addition, EPA published a notice on July 13, 2018, in the
Federal Register announcing the EIS for the April 2018 Habitat
Conservation Plan for Managed Groundwater Withdrawals from the Barton
Springs Segment of the Edwards Aquifer, as required under the Clean Air
Act, section 309. The EPA's publication date of the notice of
availability is the official beginning of the public review period. The
EPA is charged with reviewing all Federal agencies' EISs and commenting
on the adequacy and acceptability of the environmental impacts of
proposed actions in EISs.
The EPA also serves as the repository (EIS database) for EISs,
which Federal agencies prepare. All EISs must be filed with EPA, which
publishes a notice of availability on Fridays in the Federal Register.
For more information, see https://www.epa.gov/nepa. You may search for
EPA comments on EISs, along with EISs themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.
Authority: We provide this notice under section 10(c) of the ESA
(16 U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22
and 17.32) and NEPA (42 U.S.C. 4321 et seq.) and its implementing
regulations (40 CFR 1506.6).
Amy L. Lueders
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2018-15222 Filed 7-16-18; 8:45 am]
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