[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32861-32863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15037]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2016-0141; FXES11140200000-178-FF02ENEH00]
Draft Environmental Impact Statement and Draft Barton Springs
Edwards Aquifer Conservation District Habitat Conservation Plan
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability: notice of receipt of a permit
application; and announcement of a public meeting.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of a draft environmental impact statement (dEIS), which
evaluates the impacts of, and alternatives to, the proposed Barton
Springs Edwards Aquifer Conservation District (BSEACD) Habitat
Conservation Plan (dHCP) for federally-listed Barton Springs salamander
(BSS) and Austin blind salamander (ABS) (collectively, covered species)
incidental take in portions of Travis and Hays Counties, Texas, where
pumping withdrawals are implemented, authorized, or permitted by
BSEACD. We also announce that we will hold a public meeting on this
project.
DATES: Comments: We will accept comments received or postmarked on or
before September 18, 2017. Comments submitted electronically using the
Federal eRulemaking Portal (see ADDRESSES section below) must be
received by 11:59 p.m. Eastern Time on the closing date. Any comments
that we receive after the closing date may not be considered in the
final decision on these actions.
ADDRESSES: Obtaining Documents:
Internet: You may obtain copies of the dEIS and dHCP on
the Federal eRulemaking Portal at http://www.regulations.gov (Docket
Number FWS-R2-ES-2016-0141); or
You may also obtain copies of the dEIS and dHCP on the
Service's Web site at http://www.fws.gov/southwest/es/AustinTexas/
(refer to permit number TE10607C).
U.S. Mail: A limited number of CD-ROM and printed copies
of the dEIS and dHCP are available, by request, from the Field
Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite
200, Austin, TX 78758; phone (512) 490-0057; or fax (512) 490-0974.
Please note that your request is in reference to the HCP for BSS and
ABS (TE10607C).
In-Person: Copies of the dEIS and dHCP are also available
for public
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inspection and review at the following locations, by appointment and
written request only, 8 a.m. to 4:30 p.m.:
[cir] U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200,
Austin, TX 78758, 512/490-0057.
[cir] U.S. Fish and Wildlife Service, 500 Gold Avenue SW.,
Albuquerque, NM 87102, Room 6034, 505/248-6920.
[cir] Department of the Interior, Natural Resources Library, 1849
C. St. NW., Washington, DC 20240.
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 (Attention: Branch of
Environmental Review).
Submitting Comments: You may submit written comments by one of the
following methods:
Electronically: Go to the Federal e-Rulemaking Portal:
http://www.regulations.gov. In the Search box, enter FWS-R2-ES-2016-
0141, which is the docket number for this notice. On the left side of
the screen, under the Document Type heading, click on the Notices link
to locate this document and submit a comment.
By Hard Copy: Submit by U.S. mail or hand-delivery to
Public Comments Processing, Attn: FWS-R2-ES-2016-0141; U.S. Fish and
Wildlife Service; MS BPHC-PPM; 5275 Leesburg Pike, Falls Church, VA
22041-3803.
For how to view comments on the EIS from the Environmental
Protection Agency (EPA), or for information on EPA's role in the EIS
process, see EPA's Role in the EIS Process under SUPPLEMENTARY
INFORMATION.
We will also accept written and oral comments at the
public meeting (see DATES).
We request that you send comments by only the methods described
above. We will post all information received on http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Availability of
Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: Field Supervisor, U.S. Fish and
Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 78758 or
(512) 490-0057.
SUPPLEMENTARY INFORMATION: In addition to this notice of the dEIS, EPA
is publishing a notice announcing the dEIS, as required under section
309 of the Clean Air Act (42 U.S.C. 7401 et seq.). The publication of
EPA's notice is the official start of the comment period for an EIS
(see EPA's Role in the EIS Process below).
Background
We initially prepared a notice of intent (NOI) to prepare an
environmental impact statement (EIS), which was published in the
Federal Register on August 9, 2005 (70 FR 46186). A scoping meeting was
held in Austin, Texas, on August 23, 2005. Issues identified during the
initial scoping meeting were incorporated into a combined dHCP and dEIS
dated August 2007. Subsequent to preparation of this document, the ABS
became listed as an endangered species and new information became
available for the BSS. In 2014 we initiated a process to update the
scope of issues and concerns concerning the proposed action. We
prepared a second NOI to prepare an environmental assessment (EA),
which was published in the Federal Register on March 5, 2014 (79 FR
12522) and a public scoping meeting was held on April 3, 2014. After
reviewing the scope and possible controversy on the activities covered
in the dHCP, the Service determined that an EIS was the appropriate
NEPA analysis. A summary of comments provided during both scoping
periods can be found in Appendix A of the dEIS.
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 Endangered Species Act of 1973 (Act), as amended.
The ITP would cover ``take'' of the covered species associated with
permitted pumping occurring within the permit area.
The requested term of the ITP is 20 years. To meet the requirements
of a section 10(a)(1)(B) ITP, the applicant developed and proposes to
implement their dHCP, which describes the conservation measures the
applicant 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 ensure that incidental take will not
appreciably reduce the likelihood of the survival and recovery of these
species in the wild.
Alternatives
Four alternatives to the proposed action we are considering as part
of this process are:
No Action Alternative. Under the No Action Alternative BSEACD would
not seek, and the Service would not issue, an ITP. Under this
alternative, compliance with the Act would continue to occur only on an
individual basis through project-specific consultations with the
Service. BSEACD would notify pumpers of approaching drought and issue
notices to stop pumping once drought is declared and take of the
covered species is imminent. Under this Alternative, each pumper would
be expected to comply with pumping cessation notices issued by BSEACD,
or would need to seek an individual ITP for the covered species in
order to continue pumping. Each independent application for an ITP
would require an analysis of the incidental take and impacts to listed
species, the identification and implementation of appropriate and
practicable mitigation measures, and the preparation of appropriate
documentation to support the permitting action. Mitigation requirements
would be individually negotiated with the Service on the basis of the
level of impact to listed species and the conservation value of the
mitigation options and opportunities available to the individual
applicant.
Alternative 2: The preferred alternative. Permitted Pumping Under
the District HCP. The permitted pumping alternative would involve
approval of the BSEACD HCP addressing authorized pumping of the Barton
Springs Segment of the Edwards Aquifer and the issuance of an ITP by
the Service. Alternative 2 measures could meet state-mandated Desired
Future Conditions (DFC). These actions would limit Aquifer pumping
during Drought of Record (DOR)-like conditions to no more than 5.2
cubic feet per second (cfs), thereby maintaining a minimum average
Barton Springs monthly springflow of 6.5 cfs. The BSEACD HCP
incorporates actions to minimize and mitigate unavoidable incidental
take and, includes demand reduction measures, programs encouraging the
development and use of new water supplies, greater enforcement
capabilities, cooperative efforts with other entities, and mechanisms
to adapt management strategies and respond to emergencies.
Alternative 3: Water Demand Reduction. Under the water demand
reduction alternative BSEACD would not seek, and the Service would not
issue, an ITP. BSEACD's permitting program would control Aquifer
pumping, both in absolute-use terms and during drought conditions, to
protect the covered species and avoid incidental take. Alternative 3
would require mandated pumping reductions during DOR conditions to less
than 1 cfs to maintain minimum average monthly Barton Springs
springflow of 11 cfs. These regulatory curtailments, backed with
effective enforcement to ensure
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compliance, would protect springflow for the covered species. Minimum
required springflows equivalent to historical conditions would be
ensured under Alternative 3. However, this alternative would employ the
most severe regulatory measures to achieve the level of pumping
reductions needed and would require one or more sources of replacement
water for some indeterminate fraction of the amount curtailed to meet
residual demand.
Alternative 4: Water Supply Augmentation and Substitution. Under
Alternative 4 BSEACD would propose an HCP and seek a 5 year ITP.
Alternative 4 would involve the development of other alternative water
supplies that would augment the amount of water pumped from the
Aquifer, substitute for Aquifer withdrawals, or involve a combination
of both to achieve the goal of substantially reducing Aquifer pumping
to a level below 1 cfs in order to provide for a minimum average
monthly springflow of 11 cfs during drought of record conditions. As
additional water supplies become available, the amount of Aquifer
pumping would be reduced in direct proportion to the amount of water
augmented or substituted. BSEACD currently does not have the regulatory
authority to develop alternative water supplies. Use of augmented or
substituted water supplies would have to be implemented voluntarily as
is currently being done by some users within the permit area. There are
also current limitations on the amount of alternative water supplies
that could economically be made available to groundwater users within
the region.
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
Act 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.
Public Meeting
The Service will hold a public meeting during the public comment
period. The date, time, and location of the meeting will be noticed in
local newspapers at least two weeks before the meeting and will also be
posted on the following Web site: http://www.fws.gov/southwest/es/AustinTexas/. The public meeting will be physically accessible to
people with disabilities. Requests for reasonable accommodations (e.g.,
auxiliary aids or sign language interpretation) should be directed to
Charlotte Kuchera, 512/490-0057, ext. 224, at least 5 working days
prior to the meeting date.
EPA's Role in the EIS Process
In addition, EPA is publishing a notice announcing the dEIS, as
required under section 309 of the Clean Air Act. The publication date
of EPA's notice of availability is the official start of the public
comment period for the dEIS. Under the Clean Air Act, EPA also must
subsequently announce the final EIS via the Federal Register. The EPA
is charged under section 309 of the Clean Air Act to review all Federal
agencies' EISs and to comment on the adequacy and the acceptability of
the environmental impacts of proposed actions in the EISs.
EPA also serves as the repository (EIS database) for EISs prepared
by Federal agencies and provides notice of their availability in the
Federal Register. The EIS database provides information about EISs
prepared by Federal agencies, as well as EPA's comments concerning the
EISs. All EISs are filed with EPA, which publishes a notice of
availability on Fridays in the Federal Register.
The notice of availability is the start of the 60-day public
comment period for draft EISs. For more information, see http://www.epa.gov/compliance/nepa/eisdata.html. You may search for EPA
comments on EISs, along with EISs themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.
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 and its
implementing regulations (50 CFR 17.22 and 17.32) and NEPA and its
implementing regulations (40 CFR 1506.6).
Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2017-15037 Filed 7-17-17; 8:45 am]
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