83 FR 33249 - 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
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 83, Issue 137 (July 17, 2018)
Fish and Wildlife Service
Federal Register Volume 83, Issue 137 (July 17, 2018)
| Page Range | 33249-33250 | |
| FR Document | 2018-15222 |
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)] [Notices] [Pages 33249-33250] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15222] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 [[Page 33250]] 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] BILLING CODE 4333-15-P
![Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices 33249
information collection Form I–600A which authorizes incidental take of two Edwards Aquifer. The aquifer is the
Supplement 2 is 1,260 and the listed salamanders under the primary water supply for more than
estimated hour burden per response is Endangered Species Act. 70,000 people in the region and the
0.25 hours; the estimated total number DATES: We will finalize the record of source water for the Barton Springs
of respondents for the Home Study decision and issue a permit no sooner complex. The applicants requested a
information collection is 2,500 and the than August 13, 2018. term of 20 years from the date of
estimated hour burden per response is ADDRESSES: You may obtain copies of issuance. The applicants will fully
25 hours; the estimated total number of the documents in the following formats: implement minimization and mitigation
respondents for the Biometrics • Electronic: measures to offset impacts to the
information collection is 2,520 and the Æ http://www.regulations.gov, in covered species according to their HCP.
estimated hour burden per response is Docket No. FWS–R2–ES–2016–0141. The minimization measures include:
1.17 hours; the estimated total number Æ http://www.fws.gov/southwest/es/ Providing the most efficient use of
of respondents for the Biometrics—DNA AustinTexas. groundwater, controlling and preventing
information collection is 2 and the Æ CD–ROM: Contact Mr. Adam waste of groundwater, addressing
estimated hour burden per response is Zerrenner (see FOR FURTHER INFORMATION conjunctive surface water management
6 hours. CONTACT). issues, addressing natural resource
(6) An estimate of the total public Æ Telephone: 512–490–0057. management issues, addressing drought
burden (in hours) associated with the • Hard copy: You may review the conditions, addressing demand
collection: The total estimated annual documents at the following locations reduction through conservation,
hour burden associated with this (by appointment only): addressing supply through structural
collection is 35,451 hours. Æ Department of the Interior, Natural enhancement, and quantitatively
(7) An estimate of the total public Resources Library, 1849 C Street NW, addressing established desired future
burden (in cost) associated with the Washington, DC 20240. Call (202) 208– conditions.
collection: The estimated total annual 5815. The mitigation measures include a
cost burden associated with this Æ U.S. Fish and Wildlife Service, 500 commitment to:
collection of information is Gold Avenue SW, Room 6034, • Support the operations of an
$110,871,772. Albuquerque, NM 87102. Call (505) existing refugium through in-kind,
248–6920. contracted support, cash provision, or
Dated: July 3, 2018.
Æ U.S. Fish and Wildlife Service, other appropriate means;
Samantha L. Deshommes,
10711 Burnet Road Suite 200, Austin, • conduct a feasibility study of
Chief, Regulatory Coordination Division, dissolved oxygen augmentation and, if
TX 78758. Call (512) 490–0057.
Office of Policy and Strategy, U.S. Citizenship warranted, implement a pilot project at
and Immigration Services, Department of FOR FURTHER INFORMATION CONTACT: Mr.
Adam Zerrenner, Field Supervisor, by Main Spring at Barton Springs;
Homeland Security. • maintain and operate the Antioch
[FR Doc. 2018–15214 Filed 7–16–18; 8:45 am] phone at 512–490–0057, via fax at 512–
Recharge Enhancement Facility for the
490–0974, or by U.S. mail at U.S. Fish
BILLING CODE 9111–97–P permit term;
and Wildlife Service, 10711 Burnet • establish a new reserve fund for
Road, Suite 200, Austin, TX 78758. closing abandoned wells to eliminate
DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: We, the high-risk abandoned wells as potential
U.S. Fish and Wildlife Service (Service), conduits for contaminants from the
Fish and Wildlife Service announce the availability of several surface or adjacent formations into the
documents related to an incidental take aquifer, with priority given to
[Docket No. FWS–R2–ES–2016–0141; permit (ITP) application under the
FXES11140200000–189–FF02ENEH00] problematic wells close to the Barton
Endangered Species Act of 1973, as Springs outlets or those associated with
Final Environmental Impact Statement amended (ESA; 16 U.S.C. 1531 et seq.). water chemistry concerns under severe
and Draft Record of Decision on the The final environmental impact drought conditions; and
Barton Springs/Edwards Aquifer statement (EIS) and draft record of • provide leadership and technical
Conservation District Habitat decision (ROD) were developed in assistance to other government entities,
Conservation Plan for Two Salamander compliance with the agency decision- organizations, and individuals when
Species in Travis and Hays Counties, making requirements of the National prospective land-use and groundwater
Texas Environmental Policy Act (NEPA; 42 management activities in those entities’
U.S.C. 4321 et seq.), and are based on purview will, in the District’s
AGENCY: Fish and Wildlife Service, the habitat conservation plan (HCP) as assessment, significantly affect the
Department of the Interior. submitted by the Barton Springs/ quantity or quality of groundwater in
ACTION: Notice of availability. Edwards Aquifer Conservation District the Aquifer.
(BSEACD, or applicants). We described In addition to this notice, the
SUMMARY: We, the U.S. Fish and all four alternatives in detail, which Environmental Protection Agency (EPA)
Wildlife Service, under the National were fully evaluated and analyzed in published a notice announcing the EIS
Environmental Policy Act, make our 2018 final EIS. The draft ROD on July 13, 2018, as required under the
available the final environmental impact documents the rationale for our Clean Air Act, section 309 (42 U.S.C.
statement and draft record of decision decision. 7401 et seq.; see EPA’s Role in the EIS
analyzing the impacts of issuance of an Our proposed action is to issue an ITP Process below).
daltland on DSKBBV9HB2PROD with NOTICES
incidental take permit for to the applicants under section
implementation of the Barton Springs/ 10(a)(1)(B) of the ESA that authorizes Background
Edwards Aquifer Conservation District incidental take of the Barton Springs The applicants have applied for an
(BSEACD) Habitat Conservation Plan salamander (Eurycea sosorum) and ITP (TE10607C–0) under the ESA that
(HCP). Our decision is to issue a 20-year Austin blind salamander (Eurycea would authorize incidental take of two
incidental take permit for waterlooensis) during management of covered species and would be in effect
implementation of the BSEACD HCP, the Barton Springs segment of the for a period of 20 years. The proposed
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![33250 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices
incidental take of the covered species Decision INTERNATIONAL TRADE
would occur from lawful, non-Federal COMMISSION
activities from groundwater We intend to issue an ITP allowing
the applicants to implement the [Investigation No. 731–TA–739 (Fourth
withdrawals from registered wells (non- Review)]
exempt) in the Edwards Aquifer that are BSEACD HCP. Our decision is based on
authorized and regulated under the a thorough review of the alternatives Clad Steel Plate From Japan;
BSEACD’s permitting program and and their environmental consequences. Scheduling of a Full Five-Year Review
activities necessary to manage potential Implementing this decision entails
habitat for the covered species within issuing an ITP to BSEACD and full AGENCY: United States International
the permit area (covered activities). The implementation of the HCP by the Trade Commission.
BSEACD HCP Plan Area includes Hays applicants, including minimization and ACTION: Notice.
and Travis Counties, Texas. The final mitigation measures, monitoring and
SUMMARY: The Commission hereby gives
EIS considers the direct, indirect, and adaptive management, and complying
notice of the scheduling of a full review
cumulative effects of implementing the with all terms and conditions in the ITP.
pursuant to the Tariff Act of 1930 (‘‘the
HCP, including the measures that will A final ITP decision will be made no Act’’) to determine whether revocation
be implemented to minimize and sooner than 30 days after the of the antidumping duty order on clad
mitigate such impacts to the maximum publication of this notice of availability steel plate from Japan would be likely
extent practicable. and completion of the record of to lead to continuation or recurrence of
Section 9 of the ESA and its decision. material injury within a reasonably
implementing regulations in title 50 of foreseeable time. The Commission has
the Code of Federal Regulations (CFR) EPA’s Role in the EIS Process determined to exercise its authority to
prohibit ‘‘take’’ of fish and wildlife In addition, EPA published a notice extend the review period by up to 90
species listed as endangered or on July 13, 2018, in the Federal Register days.
threatened under the ESA. The ESA DATES: July 10, 2018.
announcing the EIS for the April 2018
defines ‘‘take’’ as ‘‘to harass, harm,
Habitat Conservation Plan for Managed FOR FURTHER INFORMATION CONTACT:
pursue, hunt, shoot, wound, kill, trap,
Groundwater Withdrawals from the Andrew Dushkes ((202) 205–3229),
capture, or collect listed animal species,
or attempt to engage in such conduct’’ Barton Springs Segment of the Edwards Office of Investigations, U.S.
(16 U.S.C. 1533). The term ‘‘harm’’ is Aquifer, as required under the Clean Air International Trade Commission,
defined in the regulations as significant Act, section 309. The EPA’s publication 500 E Street SW, Washington, DC
habitat modification or degradation that date of the notice of availability is the 20436. Hearing-impaired persons can
results in death or injury to listed official beginning of the public review obtain information on this matter by
species by significantly impairing period. The EPA is charged with contacting the Commission’s TDD
essential behavioral patterns, including reviewing all Federal agencies’ EISs and terminal on 202–205–1810. Persons
breeding, feeding, or sheltering (50 CFR commenting on the adequacy and with mobility impairments who will
17.3). However, we may, under acceptability of the environmental need special assistance in gaining access
specified circumstances, issue permits impacts of proposed actions in EISs. to the Commission should contact the
that allow the take of federally listed Office of the Secretary at 202–205–2000.
The EPA also serves as the repository General information concerning the
species, provided that the take is (EIS database) for EISs, which Federal
incidental to, but not the purpose of, Commission may also be obtained by
agencies prepare. All EISs must be filed accessing its internet server (https://
otherwise lawful activity. Regulations with EPA, which publishes a notice of
governing ITPs for endangered and www.usitc.gov). The public record for
availability on Fridays in the Federal this review may be viewed on the
threatened species are at 50 CFR 17.22
Register. For more information, see Commission’s electronic docket (EDIS)
and 17.32, respectively.
https://www.epa.gov/nepa. You may at https://edis.usitc.gov.
On July 18, 2017, we issued a draft search for EPA comments on EISs, along SUPPLEMENTARY INFORMATION:
EIS and requested public comment on with EISs themselves, at https:// Background.—On Monday April 9,
our evaluation of the potential impacts cdxnodengn.epa.gov/cdx-enepa-public/ 2018, the Commission determined that
associated with issuance of an ITP for action/eis/search. circumstances related to the subject
implementation of the BSEACD HCP five-year review were such that a full
and to evaluate alternatives (82 FR Authority: We provide this notice
under section 10(c) of the ESA (16 review should proceed (83 FR 17446,
32861). We held a public meeting in April 19, 2018); accordingly, a full
Austin, Texas, August 22, 2017. The U.S.C. 1531 et seq.) and its
implementing regulations (50 CFR 17.22 review is being scheduled pursuant to
public comment period closed on section 751(c)(5) of the Tariff Act of
September 18, 2017. and 17.32) and NEPA (42 U.S.C. 4321 et
1930 (19 U.S.C. 1675(c)(5)). A record of
We identified key issues and relevant seq.) and its implementing regulations
the Commissioners’ votes, the
factors through public scoping and (40 CFR 1506.6).
Commission’s statement on adequacy,
meetings, working with other agencies Amy L. Lueders and any individual Commissioner’s
and groups, and reviewing comments Regional Director, Southwest Region, statements are available from the Office
from the public. We received responses Albuquerque, New Mexico. of the Secretary and at the
from one local government agency and Commission’s website.
daltland on DSKBBV9HB2PROD with NOTICES
[FR Doc. 2018–15222 Filed 7–16–18; 8:45 am]
two nongovernmental agencies. We Participation in the review and public
BILLING CODE 4333–15–P
believe these comments are addressed service list.—Persons, including
and reasonably accommodated in the industrial users of the subject
final documents, and we have included merchandise and, if the merchandise is
the public’s comments and our sold at the retail level, representative
responses in Appendix A5–1 of the final consumer organizations, wishing to
EIS. participate in this review as parties
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Document Created: 2018-07-17 01:38:48
Document Modified: 2018-07-17 01:38:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability. | |
| Dates | We will finalize the record of decision and issue a permit no sooner than August 13, 2018. | |
| 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. | |
| FR Citation | 83 FR 33249 |
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