80_FR_79333 80 FR 79090 - Final Environmental Impact Statement and Draft Record of Decision on the Southern Edwards Plateau Habitat Conservation Plan for Incidental Take of Nine Federally Listed Species in Central Texas

80 FR 79090 - Final Environmental Impact Statement and Draft Record of Decision on the Southern Edwards Plateau Habitat Conservation Plan for Incidental Take of Nine Federally Listed Species in Central Texas

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 243 (December 18, 2015)

Page Range79090-79092
FR Document2015-31844

We, the U.S. Fish and Wildlife Service, under the National Environmental Policy Act of 1969 (NEPA), make available the final environmental impact statement (EIS) and draft record of decision (ROD) analyzing the impacts of the issuance of an incidental take permit for implementation of the final Southern Edwards Plateau Habitat Conservation Plan (SEP HCP). Our decision is to issue a 30-year incidental take permit for implementation of the SEP HCP preferred alternative (described below), which authorizes incidental take of animal species listed pursuant to the Endangered Species Act of 1973, as amended. As part of the SEP HCP, measures will be implemented to avoid, minimize, and mitigate impacts to offset impacts to the affected species.

Federal Register, Volume 80 Issue 243 (Friday, December 18, 2015)
[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79090-79092]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31844]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2015-N187; FXES11120200000F2-167-FF02ENEH00]


Final Environmental Impact Statement and Draft Record of Decision 
on the Southern Edwards Plateau Habitat Conservation Plan for 
Incidental Take of Nine Federally Listed Species in Central Texas

AGENCY: Fish and Wildlife Service, Department of the Interior.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service, under the National 
Environmental Policy Act of 1969 (NEPA), make available the final 
environmental impact statement (EIS) and draft record of decision (ROD) 
analyzing the impacts of the issuance of an incidental take permit for 
implementation of the final Southern Edwards Plateau Habitat 
Conservation Plan (SEP HCP). Our decision is to issue a 30-year 
incidental take permit for implementation of the SEP HCP preferred 
alternative (described below), which authorizes incidental take of 
animal species listed pursuant to the Endangered Species Act of 1973, 
as amended. As part of the SEP HCP, measures will be implemented to 
avoid, minimize, and mitigate impacts to offset impacts to the affected 
species.

DATES: We will finalize the ROD and a permit no sooner than 30 days 
after publication of this notice.

ADDRESSES: You may obtain copies of the final documents by going to 
http://www.fws.gov/southwest/es/AustinTexas/. Alternatively, you may 
obtain a compact disk 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; by calling 
(512) 490-0057; or by faxing (512) 490-0974. For additional information 
about where to review documents, see ``Reviewing Documents'' under 
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: We, the Service, announce the availability 
of the final EIS and draft ROD, which we developed in compliance with 
the agency decision-making requirements of the NEPA, as well as the 
final SEP HCP as submitted by the City of San Antonio and Bexar County, 
Texas (Applicants). All alternatives have been described in detail, 
evaluated, and analyzed in our November 2015 final EIS. The ROD 
documents the rationale for our decision.
    Based on our review of the alternatives and their environmental 
consequences as described in our final EIS, we have selected the 
Proposed SEP HCP Alternative. The proposed action is to issue to the 
Applicants an incidental take permit (ITP) under section 10(a)(1)(B) of 
the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq., 
Act), that authorizes incidental take of nine endangered species 
(Covered Species): Two birds--golden-cheeked warbler (Setophaga 
[=Dendroica] chrysoparia, GCWA) and black-capped vireo (Vireo 
atricapilla, BCVI), and seven karst invertebrates (collectively the 
Covered Karst Invertebrates)--R. infernalis (no common name), Rhadine 
exilis (no common name) Helotes mold beetle (Batrisodes venyivi), 
Government Canyon Bat Cave spider (Neoleptoneta microps), Madla cave 
meshweaver (Cicurina madla), Government Canyon Bat Cave meshweaver (C. 
venii). The term of the permit is 30 years (2015-2045).
    The Applicants will implement minimization and mitigation measures 
to offset impacts to the Covered Species according to their SEP HCP. 
The minimization and mitigation measures include, but are not limited 
to: Restricting activities to avoid the two bird's breeding seasons, 
implementing oak wilt prevention techniques, conducting extensive karst 
invertebrate surveys prior to any activity in karst zones, preserving 
habitat in perpetuity for all Covered Species, and managing and 
monitoring preserves in perpetuity.

Background

    The Applicants have applied for an incidental take permit 
(TE48571B-0, ITP) under the Act, that would authorize incidental take 
of nine Covered Species in all, or portions, of seven Texas counties, 
and would be in effect for a period of 30 years. The proposed 
incidental take of the Covered Species would occur from lawful, non-
federal activities including: Public or private land development 
projects; construction, maintenance, and/or improvement of roads, 
bridges, and other transportation infrastructure; and installation and/
or maintenance of utility infrastructure (Covered Activities). The SEP 
HCP includes a 7-county area: Bandera, Bexar, Blanco, Comal, Kendall, 
Kerr, and Medina counties. Incidental take coverage will: (1) Only be 
offered to Participants in the jurisdictions of Bexar County and the 
City of San Antonio, including current and future portions of the 
City's extra-territorial jurisdiction (except where the City of San 
Antonio is within Comal County and (2) be provided within any SEP HCP 
preserves located in 7-county plan area. The final EIS 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.
    The Secretary of the Interior has delegated to the Service the 
authority to

[[Page 79091]]

approve or deny an ITP in accordance with the Act. To act on the 
Applicant's permit application, we must determine that the HCP meets 
the issuance criteria specified in the Code of Federal Regulations 
(CFR) at 50 CFR 17.22 and 17.32. The issuance of an ITP is a federal 
action subject to NEPA compliance, including the Council on 
Environmental Quality Regulations for Implementing the Procedural 
Provisions of NEPA (40 CFR 1500-1508).
    On December 19, 2014, 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 SEP HCP and to evaluate 
alternatives (79 FR 75830). We included public comments and responses 
associated with the draft EIS and draft HCP in the final EIS.

Purpose and Need

    The purpose of the section 10(a)(1)(B) permit is to authorize 
incidental take associated with the Covered Activities described above. 
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 1 federal agency, 
1 tribe, and 110 other non-governmental agencies (NGOs) and 
individuals. The Environmental Protection Agency had comments on 
several sections of the draft EIS including air quality and the need 
for a Construction Emissions Mitigation Plan, a lack of analysis 
regarding environmental justice, and lack of a review by potentially 
affected tribes. The Caddo Nation of Oklahoma stated the project would 
not impact sights of interest to the Caddo Nation. Comments from 
individuals and NGOs included both support and concern for the HCP and 
the EIS selection of the preferred alternative. We believe these 
comments are addressed and reasonably accommodated in the final 
documents.

Alternatives

    We considered five alternatives in the EIS.
    No Action Alternative: Under the No Action Alternative, the Service 
would not issue an incidental take permit for the SEP HCP.
    Proposed SEP HCP Alternative: Our preferred alternative is the 
proposed HCP with a 30-year term, as described in the final EIS, which 
provides for the issuance of an ITP to the Applicants for incidental 
take of the Covered Species that may occur as a result of Covered 
Activities. This alternative includes a number of measures to avoid, 
minimize, and mitigate impacts to the Covered Species, including over 
30,000 acres of preserves for the Covered Species, avoiding the bird's 
breeding seasons to reduce direct impacts, and conducting extensive 
karst feature surveys to minimize direct impacts to karst 
invertebrates. This alternative assumes 50 percent of the development 
activities requiring an ITP for the Covered Species over the next 30 
years will participate in the SEP-HCP, which represents 50 percent of 
the projected GCWA and BCVI habitat loss and 20 percent of the loss of 
potential habitat supporting the Covered Karst Invertebrates resulting 
from development within the Enrollment Area over the next 30 years.
    10% Participation Alternative: This alternative assumes 10 percent 
of the development activities requiring an ITP for the Covered Species 
over the next 30 years will participate in the SEP HCP. The incidental 
take request represents 10 percent of the projected GCWA and BCVI 
habitat loss and 10 percent of the loss of potential habitat for the 
Covered Karst Invertebrates resulting from development within the 
Enrollment Area over the next 30 years.
    Single-County Alternative: The Single-County Alternative proposes 
the preserve system will be located within Bexar County or within 10 
miles of the Bexar County border. This alternative proposes the same 
amount of take for the Covered Species as the Proposed SEP HCP 
Alternative; however, it proposes one-half of the preserve for GCWA and 
BCVI and greater participation fees.
    Increased Mitigation Alternative--The Increased Mitigation 
Alternative incorporates the same mitigation for the BCVI, higher 
proposed mitigation for the GCWA, and two times the required amount of 
preserve needed to achieve conservation baselines for the Covered Karst 
Invertebrates than that of the Proposed SEP HCP Alternative. 
Additionally, this alternative calls for 60 percent of the GCWA 
preserve within Bexar County and/or within 5 miles of the county 
border. Expected participation is the same as the Proposed SEP HCP 
Alternative.

Decision

    We intend to issue an ITP allowing the Applicants to implement the 
Proposed SEP HCP Alternative. Our decision is based on a thorough 
review of the alternatives and their environmental consequences. 
Implementation of this decision entails the issuance of the ITP by the 
Service 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 permit.

Rationale for Decision

    We have selected the Proposed SEP HCP Alternative for 
implementation based on multiple environmental and social factors, 
including potential impacts and benefits to Covered Species and their 
habitats; the extent and effectiveness of avoidance, minimization, and 
mitigation measures; and social and economic considerations.
    We did not choose the No Action Alternative, because compliance 
with the Act will continue to occur on an individual basis through 
project-specific consultations with the Service, permitting actions 
will occur at the level and scope of an individual project, and 
mitigation requirements will be individually negotiated with the 
Service. As compared with the No Action Alternative, the Proposed SEP 
HCP Alternative provides for a more comprehensive and efficient 
approach to compliance with the Act and will provide larger, more 
contiguous preserves providing for more robust buffering against 
threats.
    We did not choose the 10% Participation Alternative because we 
believe that participation in the SEP HCP will exceed the requested 
level of authorized take well before the 30 year time period of the 
proposed permit. The result of early expiration of the permit would 
result in either a major amendment to the SEP HCP, expiration of the 
permit and a return to the No Action Alternative status quo, or 
starting a new regional HCP planning process. All of these options 
undermine the expected efficiencies and increased compliance with the 
Act expected as part of the Proposed SEP HCP Alternative.
    We did not choose the Single County Alternative because we believe 
the proposed mitigation compared to the amount of requested take is 
insufficient to meet the issuance criteria (described below) for an 
ITP. In particular, the criteria requiring an HCP minimize and mitigate 
to the maximum extent practicable any impacts from proposed takings.
    We did not choose the Increased Mitigation Alternative because the 
high cost to participate in the plan would likely decrease 
participation in the plan causing individuals to come to the Service 
for individual permits, similar to the No Action Alternative.
    In order to issue an ITP we must ascertain that the HCP meets 
issuance criteria as set forth in 16 U.S.C. 1539(a)(2)(A) and (B). We 
have made

[[Page 79092]]

that determination based on the criteria summarized below.
    1. The taking will be incidental. We find that take will be 
incidental to otherwise lawful activities, including: public or private 
land development projects; construction, maintenance, and/or 
improvement of roads, bridges, and other transportation infrastructure; 
and installation and/or maintenance of utility infrastructure.
    2. The applicants will, to the maximum extent practicable, minimize 
and mitigate the impacts of such takings. The Applicant's have 
developed and are committed to implementing a wide variety of 
conservation measures intended to minimize and mitigate the impacts of 
incidental taking that may result from the Covered Activities.
    3. The applicants will develop an HCP and ensure that adequate 
funding for the HCP will be provided. The Applicants have developed an 
HCP, which includes a detailed estimate of the costs of implementing 
the SEP HCP (see Chapter 11of the HCP). The funding necessary to pay 
for implementing the SEP HCP will come mostly from participation fees 
and public funding sources.
    4. The taking will not appreciably reduce the likelihood of 
survival and recovery of any listed species in the wild. As the federal 
action agency considering whether to issue an ITP to the Applicants, we 
have reviewed the proposed action under section 7 of the Act. Our 
biological opinion, dated November 20, 2015, concluded that issuance of 
the ITP will not jeopardize the continued existence of the Covered 
Species in the wild. No areas designated as critical habitat will be 
adversely modified. The biological opinion also analyzes other listed 
species within the planning area and concludes that the direct and 
indirect effect of the issuance of the ITP will not appreciably reduce 
the likelihood of survival and recovery of other listed species or 
destroy or adversely modify any designated critical habitat.
    5. The applicants agree to implement other measures that the 
Service requires as being necessary or appropriate for the purposes of 
the HCP. We have assisted the Applicants in the development of the SEP 
HCP, commented on draft documents, participated in numerous meetings, 
and worked closely with them throughout the development of the HCP, so 
conservation of Covered Species would be assured and recovery would not 
be precluded by the Covered Activities. The SEP HCP incorporates our 
recommendations for minimization and mitigation of impacts, as well as 
steps to monitor the effects of the HCP and ensure success. Annual 
monitoring, as well as coordination and reporting mechanisms, have been 
designed to ensure that changes in the conservation measures can be 
implemented if proposed measures prove ineffective (adaptive 
management).
    We have determined that the Proposed SEP HCP Alternative best 
balances the protection and management of habitat for Covered Species 
while providing an efficient means for compliance with the Act for the 
Covered Species in the permit area. Considerations used in this 
decision include whether (1) mitigation will benefit the Covered 
Species, (2) adaptive management of the conservation measures will 
ensure that the goals and objectives of the HCP are realized, (3) 
conservation measures will protect and enhance habitat, (4) mitigation 
measures for the Covered Species will fully offset anticipated impacts 
to species and provide recovery opportunities, and (5) the HCP is 
consistent with the Covered Species' recovery plans, where they exist.
    A final permit decision will be made no sooner than 30 days after 
the publication of this notice of availability and completion of the 
record of decision.

Reviewing Documents

    You may obtain copies of the final EIS, draft ROD, and final HCP by 
going to http://www.fws.gov/southwest/es/AustinTexas/. Alternatively, 
you may obtain a compact disk 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; by 
calling (512) 490-0057; or by faxing (512) 490-0974. Copies of the 
final EIS and final HCP are also available for public inspection and 
review at the following locations (by appointment only):
     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.

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 
17.32), and the National Environmental Policy Act (42 U.S.C. 4321 et 
seq.) and its implementing regulations (40 CFR part 1506.6).

Benjamin N. Tuggle,
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2015-31844 Filed 12-17-15; 8:45 am]
BILLING CODE 4333-15-P



                                                  79090                       Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices

                                                  layering review and determined that the                 SUMMARY:   We, the U.S. Fish and                      (Covered Species): Two birds—golden-
                                                  project-based voucher assistance is in                  Wildlife Service, under the National                  cheeked warbler (Setophaga
                                                  accordance with HUD subsidy layering                    Environmental Policy Act of 1969                      [=Dendroica] chrysoparia, GCWA) and
                                                  requirements.
                                                                                                          (NEPA), make available the final                      black-capped vireo (Vireo atricapilla,
                                                     Granted By: Lourdes Castro Ramı́rez,
                                                  Principal Deputy Assistant Secretary for                environmental impact statement (EIS)                  BCVI), and seven karst invertebrates
                                                  Public and Indian Housing.                              and draft record of decision (ROD)                    (collectively the Covered Karst
                                                     Date Granted: August 12, 2015.                       analyzing the impacts of the issuance of              Invertebrates)—R. infernalis (no
                                                     Reason Waived: This waiver was granted to            an incidental take permit for                         common name), Rhadine exilis (no
                                                  facilitate the start of construction for this           implementation of the final Southern                  common name) Helotes mold beetle
                                                  veterans project and to avoid the recapture of          Edwards Plateau Habitat Conservation                  (Batrisodes venyivi), Government
                                                  funds awarded. The LHA was permitted to                 Plan (SEP HCP). Our decision is to issue              Canyon Bat Cave spider (Neoleptoneta
                                                  execute an Agreement prior to the
                                                                                                          a 30-year incidental take permit for                  microps), Madla cave meshweaver
                                                  completion of a subsidy layering review, but
                                                  no vertical construction could begin until              implementation of the SEP HCP                         (Cicurina madla), Government Canyon
                                                  this review was completed.                              preferred alternative (described below),              Bat Cave meshweaver (C. venii). The
                                                     Contact: Becky Primeaux, Housing                     which authorizes incidental take of                   term of the permit is 30 years (2015–
                                                  Voucher Management and Operations                       animal species listed pursuant to the                 2045).
                                                  Division, Office of Public Housing and                  Endangered Species Act of 1973, as                      The Applicants will implement
                                                  Voucher Programs, Office of Public and                  amended. As part of the SEP HCP,                      minimization and mitigation measures
                                                  Indian Housing, Department of Housing and               measures will be implemented to avoid,                to offset impacts to the Covered Species
                                                  Urban Development, 451 Seventh Street SW.,                                                                    according to their SEP HCP. The
                                                                                                          minimize, and mitigate impacts to offset
                                                  Room 4216, Washington, DC 20410,
                                                  telephone (202) 708–0477.                               impacts to the affected species.                      minimization and mitigation measures
                                                                                                          DATES: We will finalize the ROD and a                 include, but are not limited to:
                                                     • Regulation: 24 CFR 985.101(a).
                                                     Project/Activity: Beckville Housing                  permit no sooner than 30 days after                   Restricting activities to avoid the two
                                                  Authority (BHA), Beckville, TX.                         publication of this notice.                           bird’s breeding seasons, implementing
                                                     Nature of Requirement: HUD’s regulation              ADDRESSES: You may obtain copies of                   oak wilt prevention techniques,
                                                  at 24 CFR 985.101(a) states a PHA must                  the final documents by going to http://               conducting extensive karst invertebrate
                                                  submit the HUD-required Section Eight                   www.fws.gov/southwest/es/                             surveys prior to any activity in karst
                                                  Management Assessment Program (SEMAP)                                                                         zones, preserving habitat in perpetuity
                                                  certification form within 60 calendar days              AustinTexas/. Alternatively, you may
                                                                                                          obtain a compact disk with electronic                 for all Covered Species, and managing
                                                  after the end of its fiscal year.                                                                             and monitoring preserves in perpetuity.
                                                     Granted By: Lourdes Castro Ramı́rez,                 copies of these documents by writing to
                                                  Principal Deputy Assistant Secretary for                Mr. Adam Zerrenner, Field Supervisor,                 Background
                                                  Public and Indian Housing.                              U.S. Fish and Wildlife Service, 10711
                                                     Date Granted: July 20, 2015.                                                                                  The Applicants have applied for an
                                                                                                          Burnet Road Suite 200, Austin, TX
                                                     Reason Waived: This waiver was granted                                                                     incidental take permit (TE48571B–0,
                                                                                                          78758; by calling (512) 490–0057; or by
                                                  because for the BHA’s fiscal year ending                                                                      ITP) under the Act, that would
                                                                                                          faxing (512) 490–0974. For additional
                                                  September 30, 2014. The executive director                                                                    authorize incidental take of nine
                                                  was not appointed to serve until the latter             information about where to review
                                                                                                                                                                Covered Species in all, or portions, of
                                                  part of November 2014 and did not receive               documents, see ‘‘Reviewing
                                                                                                                                                                seven Texas counties, and would be in
                                                  rights to enter data into IMS/PIC prior to the          Documents’’ under SUPPLEMENTARY
                                                                                                                                                                effect for a period of 30 years. The
                                                  deadline. At the time of the appointment, no            INFORMATION.
                                                                                                                                                                proposed incidental take of the Covered
                                                  one else had rights to transmit SEMAP                   FOR FURTHER INFORMATION CONTACT: Mr.
                                                  certifications.                                                                                               Species would occur from lawful, non-
                                                     Contact: Becky Primeaux, Housing                     Adam Zerrenner, Field Supervisor, U.S.                federal activities including: Public or
                                                  Voucher Management and Operations                       Fish and Wildlife Service, 10711 Burnet               private land development projects;
                                                  Division, Office of Public Housing and                  Road, Suite 200, Austin, TX 78758 or                  construction, maintenance, and/or
                                                  Voucher Programs, Office of Public and                  (512) 490–0057.                                       improvement of roads, bridges, and
                                                  Indian Housing, Department of Housing and               SUPPLEMENTARY INFORMATION: We, the                    other transportation infrastructure; and
                                                  Urban Development, 451 Seventh Street SW.,              Service, announce the availability of the             installation and/or maintenance of
                                                  Room 4216, Washington, DC, 20410,
                                                                                                          final EIS and draft ROD, which we                     utility infrastructure (Covered
                                                  telephone (202) 708–0477.
                                                                                                          developed in compliance with the                      Activities). The SEP HCP includes a
                                                  [FR Doc. 2015–31874 Filed 12–17–15; 8:45 am]            agency decision-making requirements of                7-county area: Bandera, Bexar, Blanco,
                                                  BILLING CODE 4210–67–P                                  the NEPA, as well as the final SEP HCP                Comal, Kendall, Kerr, and Medina
                                                                                                          as submitted by the City of San Antonio               counties. Incidental take coverage will:
                                                                                                          and Bexar County, Texas (Applicants).                 (1) Only be offered to Participants in the
                                                  DEPARTMENT OF THE INTERIOR                              All alternatives have been described in               jurisdictions of Bexar County and the
                                                                                                          detail, evaluated, and analyzed in our                City of San Antonio, including current
                                                  Fish and Wildlife Service                               November 2015 final EIS. The ROD                      and future portions of the City’s extra-
                                                  [FWS–R2–ES–2015–N187;                                   documents the rationale for our                       territorial jurisdiction (except where the
                                                  FXES11120200000F2–167–FF02ENEH00]                       decision.                                             City of San Antonio is within Comal
                                                                                                             Based on our review of the                         County and (2) be provided within any
                                                  Final Environmental Impact Statement                    alternatives and their environmental                  SEP HCP preserves located in
                                                  and Draft Record of Decision on the                     consequences as described in our final                7-county plan area. The final EIS
                                                  Southern Edwards Plateau Habitat
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          EIS, we have selected the Proposed SEP                considers the direct, indirect, and
                                                  Conservation Plan for Incidental Take                   HCP Alternative. The proposed action is               cumulative effects of implementation of
                                                  of Nine Federally Listed Species in                     to issue to the Applicants an incidental              the HCP, including the measures that
                                                  Central Texas                                           take permit (ITP) under section                       will be implemented to minimize and
                                                  AGENCY: Fish and Wildlife Service,                      10(a)(1)(B) of the Endangered Species                 mitigate such impacts to the maximum
                                                  Department of the Interior.                             Act of 1973, as amended (16 U.S.C. 1531               extent practicable.
                                                                                                          et seq., Act), that authorizes incidental                The Secretary of the Interior has
                                                  ACTION: Notice of availability.
                                                                                                          take of nine endangered species                       delegated to the Service the authority to


                                             VerDate Sep<11>2014   19:20 Dec 17, 2015   Jkt 238001   PO 00000   Frm 00063   Fmt 4703   Sfmt 4703   E:\FR\FM\18DEN1.SGM   18DEN1


                                                                              Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices                                           79091

                                                  approve or deny an ITP in accordance                    Species, including over 30,000 acres of               complying with all terms and
                                                  with the Act. To act on the Applicant’s                 preserves for the Covered Species,                    conditions in the permit.
                                                  permit application, we must determine                   avoiding the bird’s breeding seasons to
                                                                                                                                                                Rationale for Decision
                                                  that the HCP meets the issuance criteria                reduce direct impacts, and conducting
                                                  specified in the Code of Federal                        extensive karst feature surveys to                       We have selected the Proposed SEP
                                                  Regulations (CFR) at 50 CFR 17.22 and                   minimize direct impacts to karst                      HCP Alternative for implementation
                                                  17.32. The issuance of an ITP is a                      invertebrates. This alternative assumes               based on multiple environmental and
                                                  federal action subject to NEPA                          50 percent of the development activities              social factors, including potential
                                                  compliance, including the Council on                    requiring an ITP for the Covered Species              impacts and benefits to Covered Species
                                                  Environmental Quality Regulations for                   over the next 30 years will participate               and their habitats; the extent and
                                                  Implementing the Procedural Provisions                  in the SEP–HCP, which represents 50                   effectiveness of avoidance,
                                                  of NEPA (40 CFR 1500–1508).                             percent of the projected GCWA and                     minimization, and mitigation measures;
                                                    On December 19, 2014, we issued a                     BCVI habitat loss and 20 percent of the               and social and economic considerations.
                                                  draft EIS and requested public comment                  loss of potential habitat supporting the                 We did not choose the No Action
                                                  on our evaluation of the potential                      Covered Karst Invertebrates resulting                 Alternative, because compliance with
                                                  impacts associated with issuance of an                  from development within the                           the Act will continue to occur on an
                                                  ITP for implementation of the SEP HCP                   Enrollment Area over the next 30 years.               individual basis through project-specific
                                                  and to evaluate alternatives (79 FR                        10% Participation Alternative: This                consultations with the Service,
                                                  75830). We included public comments                     alternative assumes 10 percent of the                 permitting actions will occur at the level
                                                  and responses associated with the draft                 development activities requiring an ITP               and scope of an individual project, and
                                                  EIS and draft HCP in the final EIS.                     for the Covered Species over the next 30              mitigation requirements will be
                                                                                                          years will participate in the SEP HCP.                individually negotiated with the
                                                  Purpose and Need
                                                                                                          The incidental take request represents                Service. As compared with the No
                                                     The purpose of the section 10(a)(1)(B)               10 percent of the projected GCWA and                  Action Alternative, the Proposed SEP
                                                  permit is to authorize incidental take                  BCVI habitat loss and 10 percent of the               HCP Alternative provides for a more
                                                  associated with the Covered Activities                  loss of potential habitat for the Covered             comprehensive and efficient approach
                                                  described above. We identified key                      Karst Invertebrates resulting from                    to compliance with the Act and will
                                                  issues and relevant factors through                     development within the Enrollment                     provide larger, more contiguous
                                                  public scoping and meetings, working                    Area over the next 30 years.                          preserves providing for more robust
                                                  with other agencies and groups, and                        Single-County Alternative: The                     buffering against threats.
                                                  reviewing comments from the public.                     Single-County Alternative proposes the
                                                                                                                                                                   We did not choose the 10%
                                                  We received responses from 1 federal                    preserve system will be located within
                                                                                                                                                                Participation Alternative because we
                                                  agency, 1 tribe, and 110 other non-                     Bexar County or within 10 miles of the
                                                                                                                                                                believe that participation in the SEP
                                                  governmental agencies (NGOs) and                        Bexar County border. This alternative
                                                                                                                                                                HCP will exceed the requested level of
                                                  individuals. The Environmental                          proposes the same amount of take for
                                                                                                                                                                authorized take well before the 30 year
                                                  Protection Agency had comments on                       the Covered Species as the Proposed
                                                                                                                                                                time period of the proposed permit. The
                                                  several sections of the draft EIS                       SEP HCP Alternative; however, it
                                                                                                          proposes one-half of the preserve for                 result of early expiration of the permit
                                                  including air quality and the need for a
                                                                                                          GCWA and BCVI and greater                             would result in either a major
                                                  Construction Emissions Mitigation Plan,
                                                                                                          participation fees.                                   amendment to the SEP HCP, expiration
                                                  a lack of analysis regarding
                                                                                                             Increased Mitigation Alternative—The               of the permit and a return to the No
                                                  environmental justice, and lack of a
                                                                                                          Increased Mitigation Alternative                      Action Alternative status quo, or
                                                  review by potentially affected tribes.
                                                                                                          incorporates the same mitigation for the              starting a new regional HCP planning
                                                  The Caddo Nation of Oklahoma stated
                                                                                                          BCVI, higher proposed mitigation for                  process. All of these options undermine
                                                  the project would not impact sights of
                                                                                                          the GCWA, and two times the required                  the expected efficiencies and increased
                                                  interest to the Caddo Nation. Comments
                                                                                                          amount of preserve needed to achieve                  compliance with the Act expected as
                                                  from individuals and NGOs included
                                                                                                          conservation baselines for the Covered                part of the Proposed SEP HCP
                                                  both support and concern for the HCP
                                                                                                          Karst Invertebrates than that of the                  Alternative.
                                                  and the EIS selection of the preferred
                                                                                                          Proposed SEP HCP Alternative.                            We did not choose the Single County
                                                  alternative. We believe these comments
                                                                                                          Additionally, this alternative calls for 60           Alternative because we believe the
                                                  are addressed and reasonably
                                                                                                          percent of the GCWA preserve within                   proposed mitigation compared to the
                                                  accommodated in the final documents.
                                                                                                          Bexar County and/or within 5 miles of                 amount of requested take is insufficient
                                                  Alternatives                                            the county border. Expected                           to meet the issuance criteria (described
                                                     We considered five alternatives in the               participation is the same as the                      below) for an ITP. In particular, the
                                                  EIS.                                                    Proposed SEP HCP Alternative.                         criteria requiring an HCP minimize and
                                                     No Action Alternative: Under the No                                                                        mitigate to the maximum extent
                                                  Action Alternative, the Service would                   Decision                                              practicable any impacts from proposed
                                                  not issue an incidental take permit for                   We intend to issue an ITP allowing                  takings.
                                                  the SEP HCP.                                            the Applicants to implement the                          We did not choose the Increased
                                                     Proposed SEP HCP Alternative: Our                    Proposed SEP HCP Alternative. Our                     Mitigation Alternative because the high
                                                  preferred alternative is the proposed                   decision is based on a thorough review                cost to participate in the plan would
                                                                                                                                                                likely decrease participation in the plan
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  HCP with a 30-year term, as described                   of the alternatives and their
                                                  in the final EIS, which provides for the                environmental consequences.                           causing individuals to come to the
                                                  issuance of an ITP to the Applicants for                Implementation of this decision entails               Service for individual permits, similar
                                                  incidental take of the Covered Species                  the issuance of the ITP by the Service                to the No Action Alternative.
                                                  that may occur as a result of Covered                   and full implementation of the HCP by                    In order to issue an ITP we must
                                                  Activities. This alternative includes a                 the Applicants, including minimization                ascertain that the HCP meets issuance
                                                  number of measures to avoid, minimize,                  and mitigation measures, monitoring                   criteria as set forth in 16 U.S.C.
                                                  and mitigate impacts to the Covered                     and adaptive management, and                          1539(a)(2)(A) and (B). We have made


                                             VerDate Sep<11>2014   19:20 Dec 17, 2015   Jkt 238001   PO 00000   Frm 00064   Fmt 4703   Sfmt 4703   E:\FR\FM\18DEN1.SGM   18DEN1


                                                  79092                       Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices

                                                  that determination based on the criteria                mitigation of impacts, as well as steps               Authority
                                                  summarized below.                                       to monitor the effects of the HCP and                   We provide this notice under section
                                                     1. The taking will be incidental. We                 ensure success. Annual monitoring, as                 10(c) of the Act (16 U.S.C. 1531 et seq.)
                                                  find that take will be incidental to                    well as coordination and reporting                    and its implementing regulations (50
                                                  otherwise lawful activities, including:                 mechanisms, have been designed to                     CFR 17.22 and 17.32), and the National
                                                  public or private land development                      ensure that changes in the conservation               Environmental Policy Act (42 U.S.C.
                                                  projects; construction, maintenance,                    measures can be implemented if                        4321 et seq.) and its implementing
                                                  and/or improvement of roads, bridges,                   proposed measures prove ineffective                   regulations (40 CFR part 1506.6).
                                                  and other transportation infrastructure;                (adaptive management).
                                                  and installation and/or maintenance of                    We have determined that the                         Benjamin N. Tuggle,
                                                  utility infrastructure.                                 Proposed SEP HCP Alternative best                     Regional Director, Southwest Region,
                                                     2. The applicants will, to the                       balances the protection and                           Albuquerque, New Mexico.
                                                  maximum extent practicable, minimize                    management of habitat for Covered                     [FR Doc. 2015–31844 Filed 12–17–15; 8:45 am]
                                                  and mitigate the impacts of such
                                                                                                          Species while providing an efficient                  BILLING CODE 4333–15–P
                                                  takings. The Applicant’s have
                                                                                                          means for compliance with the Act for
                                                  developed and are committed to
                                                                                                          the Covered Species in the permit area.
                                                  implementing a wide variety of                                                                                DEPARTMENT OF THE INTERIOR
                                                                                                          Considerations used in this decision
                                                  conservation measures intended to
                                                                                                          include whether (1) mitigation will
                                                  minimize and mitigate the impacts of                                                                          Bureau of Land Management
                                                                                                          benefit the Covered Species, (2)
                                                  incidental taking that may result from
                                                                                                          adaptive management of the                            [LLWO35000.L14300000.FR0000]
                                                  the Covered Activities.
                                                     3. The applicants will develop an HCP                conservation measures will ensure that
                                                                                                          the goals and objectives of the HCP are               Renewal of Approved Information
                                                  and ensure that adequate funding for
                                                                                                          realized, (3) conservation measures will              Collection; OMB Control No. 1004–
                                                  the HCP will be provided. The
                                                                                                          protect and enhance habitat, (4)                      0029
                                                  Applicants have developed an HCP,
                                                  which includes a detailed estimate of                   mitigation measures for the Covered
                                                                                                                                                                AGENCY:   Bureau of Land Management,
                                                  the costs of implementing the SEP HCP                   Species will fully offset anticipated
                                                                                                                                                                Interior.
                                                  (see Chapter 11of the HCP). The funding                 impacts to species and provide recovery
                                                                                                          opportunities, and (5) the HCP is                     ACTION: 30-day notice and request for
                                                  necessary to pay for implementing the                                                                         comments.
                                                  SEP HCP will come mostly from                           consistent with the Covered Species’
                                                  participation fees and public funding                   recovery plans, where they exist.                     SUMMARY:   The Bureau of Land
                                                  sources.                                                  A final permit decision will be made                Management (BLM) has submitted an
                                                     4. The taking will not appreciably                   no sooner than 30 days after the                      information collection request to the
                                                  reduce the likelihood of survival and                   publication of this notice of availability            Office of Management and Budget
                                                  recovery of any listed species in the                   and completion of the record of                       (OMB) to continue the collection of
                                                  wild. As the federal action agency                      decision.                                             information from applicants for a land
                                                  considering whether to issue an ITP to                                                                        patent under the Color-of-Title Act. This
                                                                                                          Reviewing Documents
                                                  the Applicants, we have reviewed the                                                                          request is for an extension without
                                                  proposed action under section 7 of the                     You may obtain copies of the final                 change of OMB control number 1004–
                                                  Act. Our biological opinion, dated                      EIS, draft ROD, and final HCP by going                0029.
                                                  November 20, 2015, concluded that                       to http://www.fws.gov/southwest/es/
                                                  issuance of the ITP will not jeopardize                                                                       DATES:  The OMB is required to respond
                                                                                                          AustinTexas/. Alternatively, you may
                                                  the continued existence of the Covered                                                                        to this information collection request
                                                                                                          obtain a compact disk with electronic
                                                  Species in the wild. No areas designated                                                                      within 60 days but may respond after 30
                                                                                                          copies of these documents by writing to
                                                  as critical habitat will be adversely                                                                         days. For maximum consideration,
                                                                                                          Mr. Adam Zerrenner, Field Supervisor,
                                                  modified. The biological opinion also                                                                         written comments should be received
                                                                                                          U.S. Fish and Wildlife Service, 10711
                                                  analyzes other listed species within the                                                                      on or before January 19, 2016.
                                                                                                          Burnet Road Suite 200, Austin TX
                                                  planning area and concludes that the                    78758; by calling (512) 490–0057; or by               ADDRESSES: Please submit comments
                                                  direct and indirect effect of the issuance              faxing (512) 490–0974. Copies of the                  directly to the Desk Officer for the
                                                  of the ITP will not appreciably reduce                  final EIS and final HCP are also                      Department of the Interior, OMB Control
                                                  the likelihood of survival and recovery                 available for public inspection and                   ID: 1004–0029, Office of Management
                                                  of other listed species or destroy or                   review at the following locations (by                 and Budget, Office of Information and
                                                  adversely modify any designated critical                appointment only):                                    Regulatory Affairs, fax 202–395–5806,
                                                  habitat.                                                                                                      or by electronic mail at oira_
                                                                                                             • Department of the Interior, Natural
                                                     5. The applicants agree to implement                                                                       submission@omb.eop.gov. Please
                                                                                                          Resources Library, 1849 C St. NW.,
                                                  other measures that the Service requires                                                                      provide a copy of your comments to the
                                                                                                          Washington, DC 20240.
                                                  as being necessary or appropriate for                                                                         BLM. You may do so via mail, fax, or
                                                  the purposes of the HCP. We have                           • U.S. Fish and Wildlife Service, 500              electronic mail.
                                                  assisted the Applicants in the                          Gold Avenue SW., Room 6034,                             Mail: U.S. Department of the Interior,
                                                  development of the SEP HCP,                             Albuquerque, NM 87102.                                Bureau of Land Management, 1849 C
                                                  commented on draft documents,                              • U.S. Fish and Wildlife Service,                  Street NW., Room 2134LM, Attention:
                                                                                                          10711 Burnet Road Suite 200, Austin,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  participated in numerous meetings, and                                                                        Jean Sonneman, Washington, DC 20240.
                                                  worked closely with them throughout                     TX 78758.                                               Fax: to Jean Sonneman at 202–245–
                                                  the development of the HCP, so                             Persons wishing to review the                      0050.
                                                  conservation of Covered Species would                   application may obtain a copy by                        Electronic mail: Jean_Sonneman@
                                                  be assured and recovery would not be                    writing to the Regional Director, U.S.                blm.gov.
                                                  precluded by the Covered Activities.                    Fish and Wildlife Service, P.O. Box                     Please indicate ‘‘Attn: 1004–0029’’
                                                  The SEP HCP incorporates our                            1306, Room 6034, Albuquerque, NM                      regardless of the form of your
                                                  recommendations for minimization and                    87103.                                                comments.


                                             VerDate Sep<11>2014   19:20 Dec 17, 2015   Jkt 238001   PO 00000   Frm 00065   Fmt 4703   Sfmt 4703   E:\FR\FM\18DEN1.SGM   18DEN1



Document Created: 2015-12-18 01:39:00
Document Modified: 2015-12-18 01:39:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
DatesWe will finalize the ROD and a permit no sooner than 30 days after publication of this notice.
ContactMr. Adam Zerrenner, Field Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 78758 or (512) 490-0057.
FR Citation80 FR 79090 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR