Final Environmental Impact Statement and Record of Decision on Oncor Electric Delivery Company's Habitat Conservation Plan for 100 Texas Counties, 2993-2996 [2012-830]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Notices
Public use will be a blend of active
and passive. Horseback riding and
bicycling will continue, but camping
will be eliminated. The Soda Lake
Campground will be converted to dayuse facilities, and the area around the
Bluebird Campground will be available
by permit for day use as an educational
site. Morgan Lake Road will be closed
to overnight travel. Facilities with
increased accessibility will be
developed to promote compatible
hunting and fishing. Waterfowl and big
game hunting opportunities will be
expanded by opening new areas;
providing for additional hunting
weapons; and implementing additional
youth hunt days, areas, and seasons.
The waterfowl hunting lottery will be
discontinued in favor of first-come, firstserved hunting. A new hiking and
interpretive trail will be developed
within the Drumheller Channel National
Natural Landmark in cooperation with
the National Park Service. Seasonal and
permanent wildlife observation blinds
will be provided. New interpretive and
educational programs and brochures
will be developed, with an emphasis on
building the volunteer program to
manage them. The Sandhill Crane
Festival will remain a priority. Fish
stocking by the Washington Department
of Fish and Wildlife will continue, with
an approved fisheries management plan,
but will be discontinued in lakes where
there is the highest likelihood of success
for northern leopard frog recovery.
Step-down plans on informational
and interpretive signs, cultural resource
management, habitat management, and
other management areas related to the
goals and objectives in this CCP will be
developed. Water rights and/or
agreements will be pursued to ensure
the availability of water for moist soil
management.
Public Availability of Documents
In addition to the methods in
you can view or obtain
documents at the following locations:
• Agency Web Site: www.fws.gov/
pacific/planning/.
• Public Library: Othello Branch of
Mid-Columbia Libraries, 101 East Main
Street, Othello, WA 99344; (509) 488–
9683.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
ADDRESSES,
Dated: November 17, 2011.
Michael Carrier,
Acting Regional Director, Pacific Region,
Portland, Oregon.
[FR Doc. 2012–1113 Filed 1–19–12; 8:45 am]
BILLING CODE 4310–55–P
VerDate Mar<15>2010
14:12 Jan 19, 2012
Jkt 226001
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2011–N254;
FXES11120200000F2–112–FF02ENEH00]
Final Environmental Impact Statement
and Record of Decision on Oncor
Electric Delivery Company’s Habitat
Conservation Plan for 100 Texas
Counties
Fish and Wildlife Service,
Department of the Interior.
ACTION: Notice of availability.
AGENCY:
We, the U.S. Fish and
Wildlife Service, make available the
final environmental impact statement
(EIS), and final record of decision under
the National Environmental Policy Act
of 1969 analyzing the impacts of the
issuance of an incidental take permit for
implementation of the final Oncor
Electric Delivery LLC’s Habitat
Conservation Plan (HCP). Our decision
is to issue a 30-year incidental take
permit to Oncor for implementation of
the preferred alternative (described
below), which authorizes incidental
take of animal species and impacts to
plant species listed under the
Endangered Species Act of 1973, as
amended. Oncor has agreed to
implement avoidance, minimization,
and mitigation measures to offset
impacts to these species, as described in
their HCP.
DATES: We will issue a final permit no
sooner than 30 days after publication of
this notice. Comments on the final EIS
and HCP will be accepted until
February 21, 2012.
ADDRESSES: For where to review
documents and submit comments, see
Reviewing Documents and Submitting
Comments in 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 environmental impact statement
(EIS) and record of decision (ROD),
which we developed in compliance
with the agency decision-making
requirements of the National
Environmental Policy Act of 1969, as
amended (NEPA), as well as the final
Oncor Electric Delivery LLC (Oncor)
Habitat Conservation Plan (HCP) as
submitted by the applicant. All
alternatives have been described in
detail, evaluated, and analyzed in our
December 2011 final EIS and Oncor’s
SUMMARY:
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
2993
HCP. 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 Alternative 1, the
proposed HCP. The proposed action is
to issue Oncor an incidental take permit
(ITP) under section 10(a)(1)(B) of the
Endangered Species Act (Act) of 1973,
as amended (16 U.S.C. 1531 et seq.) that
authorizes incidental take of animal
species and impacts to plant species.
The term of the permit is 30 years
(2012–2042), and it would include the
following species that are endangered
and threatened (also referred to as
‘‘covered species’’):
Endangered
Large-fruited sand-verbena (Abronia
macrocarpa)
Texas poppy-mallow (Callirhoe
scabriuscula)
Navasota ladies’-tresses (Spiranthes
parksii)
American burying beetle (Nicrophorus
americanus)
Houston toad (Bufo houstonensis)
Whooping crane (Grus americana)
Golden-cheeked warbler (Dendroica
chrysoparia)
Black-capped vireo (Vireo atricapilla)
Red-cockaded woodpecker (Picoides
borealis)
Threatened
Pecos sunflower (Helianthus paradoxus)
Louisiana black bear (Ursus americanus
luteolus)
Take of listed plant species is not
defined in the Act, although the Act
does identify several prohibitions.
However, because covered species in
the Oncor HCP include both plants and
animals, in the following discussion we
use the term ‘‘incidental take’’ when
discussing impacts to covered plants, as
well as actual incidental take of covered
animals.
Oncor will implement avoidance,
minimization, and mitigation measures
to offset impacts to covered species
according to their HCP. For all but the
whooping crane, impacts will be
mitigated through purchase of
mitigation credits from a Serviceapproved conservation bank, purchasing
high-quality habitat near the impact
area, or if purchase of land is not a
viable mitigation option (e.g., mitigation
necessary to offset impacts does not
generate sufficient funds to purchase a
reasonable amount of land to support
the conservation of the species),
additional options will be explored with
the Service as described in the HCP.
Within 1 mile of confirmed or
potentially suitable stopover habitat for
E:\FR\FM\20JAN1.SGM
20JAN1
2994
Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Notices
wreier-aviles on DSK5TPTVN1PROD with NOTICES
the whooping crane, Oncor will (1)
mark all new transmission lines with
bird flight diverters, (2) place
transmission or distribution lines
underground, or (3) relocate or remove
transmission or distribution lines.
Additionally, existing transmission or
distribution lines within 1 mile of
confirmed or potentially suitable
stopover habitat will also be marked
with bird flight diverters, equal to the
number of new lines constructed that
require marking with bird flight
diverters.
Background
Oncor applied to the Service for an
ITP. As part of the permit application,
Oncor developed the HCP to meet the
requirements of an ITP. Our issuance of
an ITP and implementation of the HCP
allow Oncor to incidentally take the
covered species during construction,
operation, and maintenance of various
facilities (e.g., electric transmission and
distribution lines), as well as during
emergency response work (covered
activities). The proposed plan area is
100 of Oncor’s 102-county service area,
excluding Travis and Williamson
counties, where any impacts to listed
species will be authorized under
existing permits (see map 1–1 in the
HCP). The proposed covered area
includes any area within Oncor’s
service area where covered activities are
expected to affect listed species during
the 30-year ITP term.
The Secretary of the Interior has
delegated to the Service the authority to
approve or deny an ITP in accordance
with the Act. To act on Oncor’s permit
application, we must determine that the
HCP meets the issuance criteria
specified in the Act and 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 July 15, 2011, 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 HCP and to
evaluate alternatives, along with the
draft HCP (76 FR 41808). 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)(l)(B)
permit is to authorize incidental take
associated with the covered activities
described above. We identified key
issues and relevant factors through
VerDate Mar<15>2010
14:12 Jan 19, 2012
Jkt 226001
public scoping, working with other
agencies and groups, and comments
from the public. We received responses
from three Federal agencies and one
State agency. The National Park Service
had no comment, the Environmental
Protection Agency had ‘‘no objections’’
to implementation of the preferred
alternative, and the Federal Aviation
Administration encouraged Oncor to
coordinate with them on any projects
that would affect navigable airspace
(Federal Aviation Regulations Part 77).
Texas Parks and Wildlife Department
(TPWD) had more substantive
comments, including requesting
clarification regarding how mitigation
would be implemented, a request to be
included on any committees formed to
determine mitigation strategies, the
control of invasive species, covering
additional rare species within the action
area, and obtaining any necessary
permits from TPWD for State-listed
species. The Service believes these
comments are addressed and reasonably
accommodated in the final documents.
No new significant issues arose
following publication of the draft
documents.
Alternatives
We considered three alternatives in
the EIS.
Alternative 1—Preferred Alternative:
Our selected alternative is the proposed
HCP with a 30-year term, and the
preferred alternative (Alternative 1) as
described in the final EIS, which
provides for the issuance of an ITP to
Oncor for incidental take of the covered
species that is anticipated to occur as a
result of covered activities. This
alternative includes the implementation
of measures to avoid, minimize, and
mitigate (mitigation measures described
above) impacts from the potential
incidental take to the maximum extent
practicable. This alternative also
provides conservation measures for
covered species and the mechanism for
streamlined compliance with the Act.
No Action Alternative: Under the NoAction Alternative, the Service would
not issue an incidental take permit for
a programmatic HCP. Instead, Oncor
would seek an individual section
10(a)(1)(B) incidental take permit, or
coverage under a section 7 consultation
where a Federal nexus (authorized by a
Federal agency [e.g., section 404 permit
under the Clean Water Act]) exists, on
a project-by-project basis over the next
30 years if activities could result in
incidental take of any federally listed
species within the proposed permit
area.
Alternative 2 (50-year permit
duration): Under this alternative the
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
permit duration would be 50 years,
rather than 30. The covered activities,
proposed permit area, and covered
species would be the same as the
preferred alternative. The avoidance and
minimization discussed in the proposed
HCP would be the same, but the
additional 20-year duration would
likely result in a greater amount of
incidental take.
Decision
We intend to issue an ITP allowing
Oncor to implement the preferred
alternative (Alternative 1), as it is
described in the final EIS. 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,
including all terms and conditions
governing the permit. Implementation of
this decision requires adherence to all of
the minimization and mitigation
measures specified in the HCP, as well
as monitoring and adaptive management
measures.
Rationale for Decision
We have selected the preferred
alternative (Alternative 1) for
implementation based on multiple
environmental and social factors,
including potential impacts and benefits
to covered species and their habitat, the
extent and effectiveness of avoidance,
minimization, and mitigation measures,
and social and economic considerations.
We did not choose the No Action
Alternative because, as compared with
the preferred alternative, a project-byproject approach for complying with the
Act would be more time-consuming and
less efficient, and would result in
piecemeal mitigation incapable of
providing comprehensive or comparable
net benefits to covered species. While
Alternative 2 would result in a greater
amount of mitigation, it was not chosen
because of the uncertainties associated
with planning and implementation over
such an extended duration, 50 years,
which would likely result in the need to
modify or amend the permit, resulting
in inefficiencies and limiting the
effectiveness of the HCP.
In order to issue an ITP, we must
ascertain that the HCP meets the
issuance criteria set forth in 16 U.S.C.
1539(a)(2)(A) and (B). We have made
that determination based on the criteria
summarized below:
1. The taking will be incidental. We
find that the take will be incidental to
otherwise lawful activities, including
the proposed construction, operation,
and maintenance of various facilities
(e.g., electric transmission and
distribution lines), as well as emergency
E:\FR\FM\20JAN1.SGM
20JAN1
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Notices
response work. The take of individuals
of the covered species will be primarily
due to the indirect impacts of habitat
destruction and/or alteration.
2. The applicant will, to the
maximum extent practicable, minimize
and mitigate the impacts of such
takings. Oncor has committed to a wide
variety of conservation measures and
other strategies designed to avoid and
minimize harm to the covered species,
including monitoring and adaptive
management, and will mitigate for any
unavoidable loss through purchase of
conservation credits and/or land
acquisition. The mitigation will be
commensurate with the actual level of
take. In addition, Oncor has included
provisions for changed circumstances
that are reasonably foreseeable during
the term of the permit. These strategies
will ensure that impacts from the
proposed taking are minimized and
mitigated to the maximum extent
practicable. Mitigation will be in place
prior to occurrence of the take (i.e.,
construction through habitat).
3. The applicant will develop an HCP
and ensure that adequate funding for
the HCP will be provided. Oncor has
developed and will implement their
HCP. Section 6 of the HCP describes
avoidance and minimization measures,
including conservation measures and
best management practices that will be
written into project descriptions and
budgets. These are standard practices
and expenses that Oncor funds on all of
their existing projects. It also describes
the mitigation Oncor has agreed to
undertake for unavoidable impacts that
will be provided prior to occurrence of
anticipated take (i.e., construction
through habitat).
The Service’s no surprises assurances
are discussed in the HCP and measures
to address changed circumstances have
been identified. Adaptive management
will be used to direct changes to
conservation, mitigation, or
management measures and monitoring
when needed. Unforeseen
circumstances would be addressed
through the Service’s close coordination
with Oncor in the implementation of the
HCP, and Oncor has committed to a
coordination process to address such
circumstances. We have, therefore,
determined that Oncor’s financial
commitment and plan, along with their
willingness to address changed and
unforeseen circumstances in a
cooperative fashion, is sufficient to meet
this criterion.
If needed, Oncor will arrange for an
unconditional irrevocable stand-by
letter of credit to be issued to the
Service in the amount of the expected
mitigation cost, as calculated in Section
VerDate Mar<15>2010
14:12 Jan 19, 2012
Jkt 226001
6 of the HCP that will be issued by a
nationally recognized banking
institution acceptable to the Service
with an expiration date that extends
through the expected completion date of
the mitigation measures.
4. The taking will not appreciably
reduce the likelihood of the survival and
recovery of any listed species in the
wild. As the Federal action agency
considering whether to issue an ITP to
Oncor, we have reviewed the proposed
action under section 7 of the Act. Our
biological opinion, dated January 5,
2012, 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 for the Houston toad or
whooping crane are expected to be
affected. 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 adverse
modification of any designated critical
habitat within the permit area.
5. The applicant agrees to implement
other measures that the Service requires
as being necessary or appropriate for
the purposes of the HCP. We have
assisted Oncor in the development of
the HCP. We commented on draft
documents, participated in numerous
meetings and conference calls, and
worked closely with Oncor during every
step of plan and document preparation,
so that conservation of the covered
species would be assured and recovery
would not be precluded by the covered
activities. The 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 conservation
measures can be implemented if
proposed measures prove ineffective
(adaptive management) or impacts
exceed estimates (changed
circumstances). It is our position that no
additional measures are required to
implement the intent and purpose of the
HCP to those detailed in the HCP and
its associated ITP.
We have determined that the
preferred alternative best balances the
protection and management of habitat
for covered species, while allowing and
providing a streamlined process for
compliance with the Act for continued
construction, operation, and
maintenance of electric facilities within
Oncor’s service area. Considerations
used in this decision include whether
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
2995
(1) mitigation will benefit the covered
species; (2) mitigation lands will be
managed for the species in perpetuity;
(3) other conservation measures will
protect and enhance habitat; (4)
mitigation measures for the covered
species will fully offset anticipated
impacts to the species and provide
recovery opportunities; and (5) the HCP
is consistent with the covered species’
recovery plans.
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 and Submitting
Comments
You may obtain copies of the final
EIS, final ROD, and final HCP by going
to https://www.fws.gov/southwest/es/
AustinTexas/. Alternatively, you may
obtain compact disks with electronic
copies of these documents by writing to
Mr. Adam Zerrenner, Field Supervisor,
U.S. Fish and Wildlife Service, 10711
Burnet Road Suite 200, Austin, TX
78758; calling (512) 490–0057; or faxing
(512) 490–0974. A limited number of
printed copies of the final EIS and final
HCP are also available, by request, from
Mr. Zerrenner. 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. Written comments may be
submitted to Mr. Adam Zerrenner (see
above).
Public Availability of Comments
Written comments we receive become
part of the public record associated with
this action. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can request in your comment that
we withhold your personal identifying
information from public review, we
E:\FR\FM\20JAN1.SGM
20JAN1
2996
Federal Register / Vol. 77, No. 13 / Friday, January 20, 2012 / Notices
cannot guarantee that we will be able to
do so. We will not consider anonymous
comments. All submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Authority
We provide this notice under section
10(c) of the Act (16 U.S.C. 1531 et seq.)
and its implementing regulations (50
CFR 17.22) and NEPA (42 U.S.C. 4321
et seq.) and its implementing
regulations (40 CFR 1506.6).
Dated: December 28, 2011.
David C. Mendias,
Acting Regional Director, Region 2,
Albuquerque, New Mexico.
[FR Doc. 2012–830 Filed 1–19–12; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R9–SATD–2011–N263;
FXSC142009000009A–123–FF09S0000]
National Fish, Wildlife, and Plants
Climate Adaptation Strategy
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments; announcement of public
workshops.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), along with
the National Oceanic and Atmospheric
Administration (NOAA, Department of
Commerce) and other Federal, State,
and tribal partners, announce that we
are seeking public comments and input
regarding the draft National Fish,
Wildlife, and Plants Climate Adaptation
Strategy (Strategy). The purpose of the
Strategy will be to inspire and enable
natural resource professionals and other
decision makers to take action to
conserve the nation’s fish, wildlife,
plants, and ecosystem functions, as well
as the human uses and values these
natural systems provide, in a changing
climate. In addition to this request for
written comments, several public
workshops will be conducted in order to
provide additional opportunities for
public involvement and discussion of
the draft. The draft Strategy is available
at the following link: https://www.
wildlifeadaptationstrategy.gov/publicreview-draft.php.
DATES: Submitting Comments: To ensure
that we are able to consider your
wreier-aviles on DSK5TPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
14:12 Jan 19, 2012
Jkt 226001
comments, we must receive them by
March 5, 2012 (see ADDRESSES).
Public Workshops: Five workshops
are being planned for the public. One
workshop will be held in Washington,
DC, and four additional workshops will
be held at various regional venues
around the country (Albany, NY;
Charleston, SC; Madison, WI; and
Sacramento, CA). Dates and addresses of
the public workshops will be posted on
the Strategy Web site (www.
wildlifeadaptationstrategy.gov) as they
become available. For more details, see
ADDRESSES.
There will be two additional public
workshops held as online web
conferences or ‘‘webinars,’’ during
which interested members of the public
will be able to participate remotely.
These web conferences will be held on
January 26, 2012, and February 22,
2012.
We request that all persons planning
to attend a workshop in person or
participate via a webinar register at
https://www.wildlifeadaptationstrategy.
gov/public-workshops.php prior to the
event. For more information or to
register, please see ‘‘IV., Meeting
Participation Information,’’ under
SUPPLEMENTARY INFORMATION.
Tribal Consultation Sessions: Eight
Tribal consultation sessions are being
planned for January and February 2012.
These consultation sessions will be held
in Anchorage, AK; Albany, NY;
Albuquerque, NM; Charleston, SC;
Madison, WI; Oklahoma City, OK;
Sacramento, CA; and Shelton, WA.
Dates and addresses for the tribal
consultation sessions will be posted on
the strategy Web site (www.wildlife
adaptationstrategy.gov) as they become
available.
ADDRESSES: Public Comments: To
provide comments and feedback on the
draft Strategy, please visit https://www.
wildlifeadaptationstrategy.gov/publiccomments.php. Alternatively, you may
send comments by U.S. mail to the
Office of the Science Advisor, Attn:
National Fish, Wildlife, and Plants
Climate Adaptation Strategy, U.S. Fish
and Wildlife Service, 4401 N. Fairfax
Drive, Suite 222, Arlington, VA 22203.
FOR FURTHER INFORMATION CONTACT:
Mark Shaffer, Office of the Science
Advisor, at (703) 358–2603 (telephone)
or wildlifeadaptationstrategy@fws.gov
(email), or via the Strategy Web site at
https://www.wildlifeadaptationstrategy.
gov/contact-us.php. If you use a
telecommunications device for the deaf
(TDD), please call the Federal
Information Relay Service (FIRS) at
(800) 877–8339.
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
In
cooperation with NOAA and other
Federal, State, and tribal partners, we
are soliciting public comments on the
draft National Fish, Wildlife, and Plants
Climate Adaptation Strategy (Strategy).
The adverse impacts of climate
change transcend political and
administrative boundaries. No single
entity or level of government can
safeguard wildlife and society against
the effects of climate change. When
finalized, this draft Strategy will present
a unified approach—reflecting shared
principles and science-based practices—
for reducing the negative impacts of
climate change on fish, wildlife, plants,
habitats, and our natural resource
heritage. The Strategy will provide a
basis for sensible actions that can be
taken now, in spite of the uncertainties
that exist about precise impacts of
climate change. It also will provide
guidance about what further actions are
most likely to promote natural resource
adaptation to climate change, and will
describe mechanisms that will foster
collaboration among all levels of
government, conservation organizations,
and private landowners.
SUPPLEMENTARY INFORMATION:
I. Background
Climate change affects more than
temperature. According to the U.S.
Global Change Research Program,
impacts include shifts in rainfall and
storm patterns, increasing wildfires, and
more frequent water shortages, as well
as rising sea levels, loss of sea ice, ocean
acidification, and coastal flooding and
erosion. Given the magnitude of the
observed changes in climate, it is not
surprising that fish, wildlife, and plant
resources in the United States and
around the world are already being
affected. The impacts can be seen
everywhere, from working landscapes
like tree farms and pastures to
wilderness areas far from human
habitation. As the climate continues to
change over the next century, so too will
the effects on species, ecosystems, and
their functions. Furthermore, climateinduced changes are also likely to
exacerbate existing stresses like habitat
loss and fragmentation, putting
additional pressure on our nation’s
valued living resources.
Rapid warming may also begin to
threaten the benefits that natural
systems provide to people and
communities, creating new challenges
for human health, infrastructure,
agriculture, transportation, and energy
supplies. At risk are clean air and water;
flood and erosion control; natural
resource jobs and income; hunting,
fishing, and wildlife-related recreation;
and, ultimately, our quality of life.
E:\FR\FM\20JAN1.SGM
20JAN1
]]>Agencies
[Federal Register Volume 77, Number 13 (Friday, January 20, 2012)]
[Notices]
[Pages 2993-2996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-830]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2011-N254; FXES11120200000F2-112-FF02ENEH00]
Final Environmental Impact Statement and Record of Decision on
Oncor Electric Delivery Company's Habitat Conservation Plan for 100
Texas Counties
AGENCY: Fish and Wildlife Service, Department of the Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, make available the
final environmental impact statement (EIS), and final record of
decision under the National Environmental Policy Act of 1969 analyzing
the impacts of the issuance of an incidental take permit for
implementation of the final Oncor Electric Delivery LLC's Habitat
Conservation Plan (HCP). Our decision is to issue a 30-year incidental
take permit to Oncor for implementation of the preferred alternative
(described below), which authorizes incidental take of animal species
and impacts to plant species listed under the Endangered Species Act of
1973, as amended. Oncor has agreed to implement avoidance,
minimization, and mitigation measures to offset impacts to these
species, as described in their HCP.
DATES: We will issue a final permit no sooner than 30 days after
publication of this notice. Comments on the final EIS and HCP will be
accepted until February 21, 2012.
ADDRESSES: For where to review documents and submit comments, see
Reviewing Documents and Submitting Comments in 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 environmental impact statement (EIS) and record of
decision (ROD), which we developed in compliance with the agency
decision-making requirements of the National Environmental Policy Act
of 1969, as amended (NEPA), as well as the final Oncor Electric
Delivery LLC (Oncor) Habitat Conservation Plan (HCP) as submitted by
the applicant. All alternatives have been described in detail,
evaluated, and analyzed in our December 2011 final EIS and Oncor's HCP.
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
Alternative 1, the proposed HCP. The proposed action is to issue Oncor
an incidental take permit (ITP) under section 10(a)(1)(B) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et
seq.) that authorizes incidental take of animal species and impacts to
plant species. The term of the permit is 30 years (2012-2042), and it
would include the following species that are endangered and threatened
(also referred to as ``covered species''):
Endangered
Large-fruited sand-verbena (Abronia macrocarpa)
Texas poppy-mallow (Callirhoe scabriuscula)
Navasota ladies'-tresses (Spiranthes parksii)
American burying beetle (Nicrophorus americanus)
Houston toad (Bufo houstonensis)
Whooping crane (Grus americana)
Golden-cheeked warbler (Dendroica chrysoparia)
Black-capped vireo (Vireo atricapilla)
Red-cockaded woodpecker (Picoides borealis)
Threatened
Pecos sunflower (Helianthus paradoxus)
Louisiana black bear (Ursus americanus luteolus)
Take of listed plant species is not defined in the Act, although
the Act does identify several prohibitions. However, because covered
species in the Oncor HCP include both plants and animals, in the
following discussion we use the term ``incidental take'' when
discussing impacts to covered plants, as well as actual incidental take
of covered animals.
Oncor will implement avoidance, minimization, and mitigation
measures to offset impacts to covered species according to their HCP.
For all but the whooping crane, impacts will be mitigated through
purchase of mitigation credits from a Service-approved conservation
bank, purchasing high-quality habitat near the impact area, or if
purchase of land is not a viable mitigation option (e.g., mitigation
necessary to offset impacts does not generate sufficient funds to
purchase a reasonable amount of land to support the conservation of the
species), additional options will be explored with the Service as
described in the HCP. Within 1 mile of confirmed or potentially
suitable stopover habitat for
[[Page 2994]]
the whooping crane, Oncor will (1) mark all new transmission lines with
bird flight diverters, (2) place transmission or distribution lines
underground, or (3) relocate or remove transmission or distribution
lines. Additionally, existing transmission or distribution lines within
1 mile of confirmed or potentially suitable stopover habitat will also
be marked with bird flight diverters, equal to the number of new lines
constructed that require marking with bird flight diverters.
Background
Oncor applied to the Service for an ITP. As part of the permit
application, Oncor developed the HCP to meet the requirements of an
ITP. Our issuance of an ITP and implementation of the HCP allow Oncor
to incidentally take the covered species during construction,
operation, and maintenance of various facilities (e.g., electric
transmission and distribution lines), as well as during emergency
response work (covered activities). The proposed plan area is 100 of
Oncor's 102-county service area, excluding Travis and Williamson
counties, where any impacts to listed species will be authorized under
existing permits (see map 1-1 in the HCP). The proposed covered area
includes any area within Oncor's service area where covered activities
are expected to affect listed species during the 30-year ITP term.
The Secretary of the Interior has delegated to the Service the
authority to approve or deny an ITP in accordance with the Act. To act
on Oncor's permit application, we must determine that the HCP meets the
issuance criteria specified in the Act and 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 July 15, 2011, 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 HCP and to evaluate
alternatives, along with the draft HCP (76 FR 41808). 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)(l)(B) permit is to authorize
incidental take associated with the covered activities described above.
We identified key issues and relevant factors through public scoping,
working with other agencies and groups, and comments from the public.
We received responses from three Federal agencies and one State agency.
The National Park Service had no comment, the Environmental Protection
Agency had ``no objections'' to implementation of the preferred
alternative, and the Federal Aviation Administration encouraged Oncor
to coordinate with them on any projects that would affect navigable
airspace (Federal Aviation Regulations Part 77). Texas Parks and
Wildlife Department (TPWD) had more substantive comments, including
requesting clarification regarding how mitigation would be implemented,
a request to be included on any committees formed to determine
mitigation strategies, the control of invasive species, covering
additional rare species within the action area, and obtaining any
necessary permits from TPWD for State-listed species. The Service
believes these comments are addressed and reasonably accommodated in
the final documents. No new significant issues arose following
publication of the draft documents.
Alternatives
We considered three alternatives in the EIS.
Alternative 1--Preferred Alternative: Our selected alternative is
the proposed HCP with a 30-year term, and the preferred alternative
(Alternative 1) as described in the final EIS, which provides for the
issuance of an ITP to Oncor for incidental take of the covered species
that is anticipated to occur as a result of covered activities. This
alternative includes the implementation of measures to avoid, minimize,
and mitigate (mitigation measures described above) impacts from the
potential incidental take to the maximum extent practicable. This
alternative also provides conservation measures for covered species and
the mechanism for streamlined compliance with the Act.
No Action Alternative: Under the No-Action Alternative, the Service
would not issue an incidental take permit for a programmatic HCP.
Instead, Oncor would seek an individual section 10(a)(1)(B) incidental
take permit, or coverage under a section 7 consultation where a Federal
nexus (authorized by a Federal agency [e.g., section 404 permit under
the Clean Water Act]) exists, on a project-by-project basis over the
next 30 years if activities could result in incidental take of any
federally listed species within the proposed permit area.
Alternative 2 (50-year permit duration): Under this alternative the
permit duration would be 50 years, rather than 30. The covered
activities, proposed permit area, and covered species would be the same
as the preferred alternative. The avoidance and minimization discussed
in the proposed HCP would be the same, but the additional 20-year
duration would likely result in a greater amount of incidental take.
Decision
We intend to issue an ITP allowing Oncor to implement the preferred
alternative (Alternative 1), as it is described in the final EIS. 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, including all terms and conditions governing the
permit. Implementation of this decision requires adherence to all of
the minimization and mitigation measures specified in the HCP, as well
as monitoring and adaptive management measures.
Rationale for Decision
We have selected the preferred alternative (Alternative 1) for
implementation based on multiple environmental and social factors,
including potential impacts and benefits to covered species and their
habitat, the extent and effectiveness of avoidance, minimization, and
mitigation measures, and social and economic considerations. We did not
choose the No Action Alternative because, as compared with the
preferred alternative, a project-by-project approach for complying with
the Act would be more time-consuming and less efficient, and would
result in piecemeal mitigation incapable of providing comprehensive or
comparable net benefits to covered species. While Alternative 2 would
result in a greater amount of mitigation, it was not chosen because of
the uncertainties associated with planning and implementation over such
an extended duration, 50 years, which would likely result in the need
to modify or amend the permit, resulting in inefficiencies and limiting
the effectiveness of the HCP.
In order to issue an ITP, we must ascertain that the HCP meets the
issuance criteria set forth in 16 U.S.C. 1539(a)(2)(A) and (B). We have
made that determination based on the criteria summarized below:
1. The taking will be incidental. We find that the take will be
incidental to otherwise lawful activities, including the proposed
construction, operation, and maintenance of various facilities (e.g.,
electric transmission and distribution lines), as well as emergency
[[Page 2995]]
response work. The take of individuals of the covered species will be
primarily due to the indirect impacts of habitat destruction and/or
alteration.
2. The applicant will, to the maximum extent practicable, minimize
and mitigate the impacts of such takings. Oncor has committed to a wide
variety of conservation measures and other strategies designed to avoid
and minimize harm to the covered species, including monitoring and
adaptive management, and will mitigate for any unavoidable loss through
purchase of conservation credits and/or land acquisition. The
mitigation will be commensurate with the actual level of take. In
addition, Oncor has included provisions for changed circumstances that
are reasonably foreseeable during the term of the permit. These
strategies will ensure that impacts from the proposed taking are
minimized and mitigated to the maximum extent practicable. Mitigation
will be in place prior to occurrence of the take (i.e., construction
through habitat).
3. The applicant will develop an HCP and ensure that adequate
funding for the HCP will be provided. Oncor has developed and will
implement their HCP. Section 6 of the HCP describes avoidance and
minimization measures, including conservation measures and best
management practices that will be written into project descriptions and
budgets. These are standard practices and expenses that Oncor funds on
all of their existing projects. It also describes the mitigation Oncor
has agreed to undertake for unavoidable impacts that will be provided
prior to occurrence of anticipated take (i.e., construction through
habitat).
The Service's no surprises assurances are discussed in the HCP and
measures to address changed circumstances have been identified.
Adaptive management will be used to direct changes to conservation,
mitigation, or management measures and monitoring when needed.
Unforeseen circumstances would be addressed through the Service's close
coordination with Oncor in the implementation of the HCP, and Oncor has
committed to a coordination process to address such circumstances. We
have, therefore, determined that Oncor's financial commitment and plan,
along with their willingness to address changed and unforeseen
circumstances in a cooperative fashion, is sufficient to meet this
criterion.
If needed, Oncor will arrange for an unconditional irrevocable
stand-by letter of credit to be issued to the Service in the amount of
the expected mitigation cost, as calculated in Section 6 of the HCP
that will be issued by a nationally recognized banking institution
acceptable to the Service with an expiration date that extends through
the expected completion date of the mitigation measures.
4. The taking will not appreciably reduce the likelihood of the
survival and recovery of any listed species in the wild. As the Federal
action agency considering whether to issue an ITP to Oncor, we have
reviewed the proposed action under section 7 of the Act. Our biological
opinion, dated January 5, 2012, 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 for the Houston toad or
whooping crane are expected to be affected. 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 adverse modification of any designated critical
habitat within the permit area.
5. The applicant agrees to implement other measures that the
Service requires as being necessary or appropriate for the purposes of
the HCP. We have assisted Oncor in the development of the HCP. We
commented on draft documents, participated in numerous meetings and
conference calls, and worked closely with Oncor during every step of
plan and document preparation, so that conservation of the covered
species would be assured and recovery would not be precluded by the
covered activities. The 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 conservation measures can be implemented if proposed
measures prove ineffective (adaptive management) or impacts exceed
estimates (changed circumstances). It is our position that no
additional measures are required to implement the intent and purpose of
the HCP to those detailed in the HCP and its associated ITP.
We have determined that the preferred alternative best balances the
protection and management of habitat for covered species, while
allowing and providing a streamlined process for compliance with the
Act for continued construction, operation, and maintenance of electric
facilities within Oncor's service area. Considerations used in this
decision include whether (1) mitigation will benefit the covered
species; (2) mitigation lands will be managed for the species in
perpetuity; (3) other conservation measures will protect and enhance
habitat; (4) mitigation measures for the covered species will fully
offset anticipated impacts to the species and provide recovery
opportunities; and (5) the HCP is consistent with the covered species'
recovery plans.
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 and Submitting Comments
You may obtain copies of the final EIS, final ROD, and final HCP by
going to https://www.fws.gov/southwest/es/AustinTexas/. Alternatively,
you may obtain compact disks with electronic copies of these documents
by writing to Mr. Adam Zerrenner, Field Supervisor, U.S. Fish and
Wildlife Service, 10711 Burnet Road Suite 200, Austin, TX 78758;
calling (512) 490-0057; or faxing (512) 490-0974. A limited number of
printed copies of the final EIS and final HCP are also available, by
request, from Mr. Zerrenner. 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. Written comments may be
submitted to Mr. Adam Zerrenner (see above).
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. Before including your address, phone
number, email address, or other personal identifying information in
your comment, you should be aware that your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can request in your comment that we withhold
your personal identifying information from public review, we
[[Page 2996]]
cannot guarantee that we will be able to do so. We will not consider
anonymous comments. All submissions from organizations or businesses,
and from individuals identifying themselves as representatives or
officials of organizations or businesses, will be made available for
public disclosure in their entirety.
Authority
We provide this notice under section 10(c) of the Act (16 U.S.C.
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR
1506.6).
Dated: December 28, 2011.
David C. Mendias,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 2012-830 Filed 1-19-12; 8:45 am]
BILLING CODE 4310-55-P
