Draft Environmental Impact Statement and Draft Habitat Conservation Plan for Incidental Take of 11 Federally Listed or Petitioned Species by the Edwards Aquifer Recovery Implementation Program in 8 Texas Counties, 42756-42758 [2012-17610]
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42756
Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Notices
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18
Section 215 of Division G, Title II of
Public Law 108–199, enacted January
23, 2004 (HUD’s 2004 Appropriations
Act) amended section 224 of the Act, to
change the debenture interest rate for
purposes of calculating certain
insurance claim payments made in cash.
Therefore, for all claims paid in cash on
mortgages insured under section 203 or
234 of the National Housing Act and
endorsed for insurance after January 23,
2004, the debenture interest rate will be
the monthly average yield, for the
month in which the default on the
mortgage occurred, on United States
Treasury Securities adjusted to a
constant maturity of 10 years, as found
in Federal Reserve Statistical Release H–
15. The Federal Housing Administration
has codified this provision in HUD
regulations at 24 CFR 203.405(b) and 24
CFR 203.479(b).
Section 221(g)(4) of the Act provides
that debentures issued pursuant to that
paragraph (with respect to the
assignment of an insured mortgage to
the Secretary) will bear interest at the
‘‘going Federal rate’’ in effect at the time
the debentures are issued. The term
‘‘going Federal rate’’ is defined to mean
the interest rate that the Secretary of the
Treasury determines, pursuant to a
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The Secretary of the Treasury has
determined that the interest rate to be
borne by debentures issued pursuant to
section 221(g)(4) during the 6-month
period beginning July 1, 2012, is 15⁄8
percent.
The subject matter of this notice falls
within the categorical exemption from
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HUD’s environmental clearance
procedures set forth in 24 CFR
50.19(c)(6). For that reason, no
environmental finding has been
prepared for this notice.
Authority: Sections 211, 221, 224, National
Housing Act, 12 U.S.C. 1715b, 1715l, 1715o;
Section 7(d), Department of HUD Act,
42 U.S.C. 3535(d).
Dated: July 17, 2012.
Carol J. Galante,
Acting Assistant Secretary for Housing—
Federal Housing Commissioner.
[FR Doc. 2012–17781 Filed 7–19–12; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2012–N099:
FXES11120200000F2–112–FF02ENEH00]
Draft Environmental Impact Statement
and Draft Habitat Conservation Plan
for Incidental Take of 11 Federally
Listed or Petitioned Species by the
Edwards Aquifer Recovery
Implementation Program in 8 Texas
Counties
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability;
announcement of public meetings; and
request for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce the
availability of the draft environmental
impact statement and the draft Edwards
Aquifer Recovery Implementation
Program (EARIP) habitat conservation
plan, under the National Environmental
Policy Act of 1969. The EARIP has
applied for an incidental take permit
(TE63663A–0) under the Endangered
Species Act of 1973, as amended, that
SUMMARY:
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would authorize incidental take of
animal species and impacts to plant
species (covered species) in all, or
portions, of eight Texas counties.
DATES: Comment Period: To ensure
consideration of your written
comments, they must be received on or
before close of business (4:30 p.m.
C.S.T.) October 18, 2012.
Public Meetings: Seven public
meetings will be held throughout the
region affected by the management of
the Edwards Aquifer. The dates and
times for each meeting location (Corpus
Christi, Kerrville, New Braunfels, San
Antonio, San Marcos, Uvalde, and
Victoria) will be announced in local
newspapers at least 2 weeks before each
meeting and will also be posted on the
following Web sites: https://
www.fws.gov/southwest/es/
AustinTexas/ and https://earip.org.
ADDRESSES: To obtain documents for
review, see Reviewing Documents in
SUPPLEMENTARY INFORMATION.
To submit comments, please use one
of the following methods, and note that
your comment is in reference to the
Edwards Aquifer Recovery
Implementation Program (TE63663A–0):
• Email: fw2_aues_consult@fws.gov.
• U.S. Mail: Field Supervisor, Austin
Ecological Services Field Office, 10711
Burnett Road, Suite 200, Austin, TX
78758–4460; telephone 512/490–0057.
• Fax: 512/490–0974.
• We will also accept written and oral
comments at the public meetings (see
DATES).
Mr.
Adam Zerrenner, Field Supervisor, by
U.S. mail at U.S. Fish and Wildlife
Service, Austin Ecological Services
Field Office, 10711 Burnett Road, Suite
200, Austin, TX 78758–4460; or by
telephone 512/490–0057.
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Notices
In
accordance with the requirements of the
National Environmental Policy Act of
1969 (NEPA) (42 U.S.C. 4321 et seq.),
we advise the public that:
1. We have gathered the information
necessary to determine impacts and
formulate alternatives for the draft
environmental impact statement (DEIS)
related to potential issuance of an
incidental take permit (ITP) to the
Applicants; and
2. The Applicants have developed a
draft habitat conservation plan (DHCP)
as part of the application for an ITP,
which describes the measures the
Applicants have agreed to take to
minimize and mitigate the effects of
incidental take of covered species to the
maximum extent practicable pursuant to
section 10(a)(1)(B) of the Endangered
Species Act of 1973 (Act), as amended
(16 U.S.C. 1531 et seq.).
The Applicants have applied for an
ITP (TE63663A–0) under section
10(a)(1)(B) of the Act. The requested
ITP, which would be in effect for a
period of 15 years if granted, would
authorize incidental take of seven
federally listed animal species (covered
species), including the endangered
fountain darter (Etheostoma fonticola),
threatened San Marcos salamander
(Eurycea nana), endangered San Marcos
gambusia (Gambusia georgei),
endangered Texas blind salamander
(Typhlomolge [=Eurycea] rathbuni),
endangered Peck’s cave amphipod
(Stygobromus pecki), endangered Comal
Springs dryopid beetle (Stygoparnus
comalensis), and the endangered Comal
Springs riffle beetle (Heterelmis
comalensis); as well as impacts to
endangered Texas wild rice (Zizania
texana). The requested ITP would also
cover three petitioned species,
including Edwards Aquifer diving
beetle (Haideoporus texanus), Comal
Springs salamander (Eurycea sp.), and
Texas troglobitic water slater (Lirceolus
smithii) in case they are listed during
the duration of the ITP. As described in
the DHCP, the proposed incidental take
could occur in Bexar, Medina and
Uvalde Counties, and portions of
Atascosa, Caldwell, Comal, Guadalupe,
and Hays Counties in Texas (Permit
Area), and would result from activities
associated with otherwise lawful
activities including the regulation and
use of groundwater for irrigation,
industrial, municipal, domestic, and
livestock purposes; the use of instream
flows in the Comal River and San
Marcos River for recreational uses; and
other operational and maintenance
activities that could affect Comal
Springs, San Marcos Springs, and the
associated river systems. The DEIS
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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.
Take of listed plant species is not
defined in the Act, although the Act
does identify several prohibitions.
However, because covered species in
the EARIP HCP include both animals
and a plant, 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.
Background
We published a notice of intent (NOI)
to prepare an environmental impact
statement in the Federal Register on
March 5, 2010 (75 FR 10305), and held
public scoping meetings in connection
with the requested permit. The NOI
opened a comment period that lasted
until June 3, 2010. A summary of
comments provided during the 2010
scoping period, which included public
meetings held that year in seven Texas
cities as follows: Victoria on April 1,
New Braunfels on April 12, Uvalde on
April 14, San Marcos on April 19, San
Antonio on April 26, Corpus Christi on
April 28, and Kerrville on April 29, is
available on the Service’s Web site at
https://www.fws.gov/southwest/es/
AustinTexas/ and on the Applicants’
Web site at https://earip.org.
The Edwards Aquifer Recovery
Implementation Program (EARIP)
comprises a diverse group of regional
stakeholders from South Central Texas
that undertook a collaborative,
consensus-based process to develop a
plan to protect and contribute to the
recovery of listed species associated
with Comal and San Marcos Springs
while also protecting the Edwards
Aquifer (Aquifer) as a water supply
source. The EARIP completed a DHCP,
and the Edwards Aquifer Authority; San
Antonio Water Systems; City of New
Braunfels, Texas; City of San Marcos,
Texas; and Texas State University
(collectively, the Applicants) have
applied to the U.S. Fish and Wildlife
Service (Service) for an ITP under the
Act. The Applicants submitted the
EARIP DHCP as part of the ITP
application package. We prepared a
DEIS that evaluates the permit
application in accordance with the
requirements of NEPA.
Proposed Action
The proposed action involves the
issuance of an ITP by the Service for the
Covered Activities in the Permit Area
pursuant to section 10(a)(1)(B) of the
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Fmt 4703
Sfmt 4703
42757
Act. The ITP would cover ‘‘take’’ of the
Covered Species associated with
otherwise lawful activities including the
regulation and use of groundwater for
irrigation, industrial, municipal,
domestic, and livestock purposes; the
use of instream flows in the Comal River
and San Marcos River for recreational
uses; and other operational and
maintenance activities that could affect
Comal Springs, San Marcos Springs, and
the associated river systems. The
requested term of the ITP is 15 years. To
meet the requirements of a section
10(a)(1)(B) permit, the Applicants have
developed and propose to implement
their DHCP, which describes the
conservation measures the Applicants
have agreed to undertake to minimize
and mitigate the impacts of the
proposed incidental take of the Covered
Species to the maximum extent
practicable, and ensures that incidental
take will not appreciably reduce the
likelihood of the survival and recovery
of these species in the wild. This
alternative provides a comprehensive
mitigation approach for unavoidable
impacts to Covered Species and reduces
potential permit processing effort for the
Service.
Other Alternatives Considered
We considered three alternatives to
the proposed action.
1. No Action—No ITP would be
issued. Under this alternative the
management and use of the Aquifer and
the use of areas associated with the
Comal and San Marcos Springs would
continue regardless of whether a
section10(a)(1)(B) permit is sought or
issued. The Applicants would continue
to be subject to the take prohibitions of
the ESA. Where potential impacts could
not be avoided, and where a Federal
nexus exists, measures designed to
minimize and mitigate for the impacts
would be addressed through individual
formal or informal consultation with the
Service. In the absence of a Federal
nexus, the Applicants and other parties
in the region would potentially need
individual section 10(a)(1)(B) incidental
take permits on a project-by-project
basis if their activities might result in
incidental take of Federally listed
species within the proposed permit
area. This project-by-project approach
would be more time-consuming, less
efficient, and could result in an isolated,
independent mitigation approach that
might be less beneficial to the covered
species than the proposed regional
permit.
2. Another considered alternative
explored the use of expanded Aquifer
Storage and Recovery (ASR) operations
with associated infrastructure to
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42758
Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Notices
supplement springflows at Comal and
San Marcos Springs during drought
conditions. This alternative
contemplated implementation of an
HCP and issuance of an ITP for covered
activities similar to the preferred
alternative. This alternative incorporates
many of the minimization and
mitigation measures proposed under the
preferred alternative. This alternative
differs from the preferred alternative
primarily in the mechanism by which
enhanced springflows would be
achieved. This alternative relies on
storage of Aquifer water in underground
ASR facilities located in Bexar and
Wilson Counties during periods of
normal or above-normal precipitation.
These stored waters would then be
pumped through water transmission
pipelines during drought conditions to
be injected into recharge features in
Comal County to supplement
springflows at Comal and San Marcos
Springs. This alternative achieves
similar simulated springflows at Comal
and San Marcos Springs when modeled
over the period of record as the
preferred alternative, though the
construction, operation, and
maintenance of the infrastructure
required to supplement springflows has
the potential to negatively affect
additional listed species within the
project study area, and there are
unanswered questions related to the
effects to water quality of storage and
reuse of Aquifer water.
3. A third alternative contemplated
regulatory approaches restricting regionwide Aquifer pumping to maintain
springflows protective of the Covered
Species. No HCP would be implemented
under this alternative, and no ITP
would be issued. Simulated springflows
believed to be protective of the covered
species during drought conditions could
be maintained under this alternative,
though the indirect and cumulative
effects resulting from the proposed
pumping restrictions and the costs
associated with developing alternative
water sources for human use would be
expected to have significant negative
socioeconomic impacts throughout the
region. Because no ITP would be issued,
the Applicants would continue to be
subject to the take prohibitions of the
ESA, and a project-by-project approach
to mitigation of unavoidable impacts to
listed species would be more timeconsuming, less efficient, and could
result in an isolated independent
mitigation approach that might be less
beneficial to the covered species than
the proposed regional permit.
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18:18 Jul 19, 2012
Jkt 226001
Reviewing Documents
You may obtain copies of the DEIS
and DHCP on the Service’s Web site at
https://www.fws.gov/southwest/es/
AustinTexas/ or the EARIP Web site at
https://earip.org.
Alternatively, you may obtain CDROMs 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 DEIS and DHCP are also
available, by request, from Mr.
Zerrenner. Copies of the DEIS and
DHCP are also available for public
inspection and review at the following
locations, by appointment and written
request only, 8 a.m. to 4:30 p.m.:
• 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.
Public Availability of Comments
Written comments we receive become
part of the public record associated with
this action. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can request in your comment that
we withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. We will not consider anonymous
comments. All submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Authority
We provide this notice under section
10(c) of the Act (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).
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Sfmt 4703
Dated: June 7, 2012.
Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region,
Albuquerque, New Mexico.
[FR Doc. 2012–17610 Filed 7–19–12; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNML00000 L16100000.DP0000]
Notice of Availability of the Prehistoric
Trackways National Monument Draft
Resource Management Plan and Draft
Environmental Impact Statement, New
Mexico
Bureau of Land Management,
Interior.
ACTION: Notice of availability.
AGENCY:
In accordance with the
National Environmental Policy Act of
1969, as amended, and the Federal Land
Policy and Management Act of 1976, as
amended, the Bureau of Land
Management (BLM) has prepared a Draft
Resource Management Plan (RMP) and
Draft Environmental Impact Statement
(EIS) for the Prehistoric Trackways
National Monument (Monument), and
by this notice is announcing the
opening of the comment period.
DATES: To ensure that comments will be
considered, the BLM must receive
written comments on the Draft RMP/EIS
within 90 days following the date the
Environmental Protection Agency
publishes this notice of the Draft RMP/
EIS in the Federal Register. The BLM
will announce future meetings or
hearings and any other public
participation activities at least 15 days
in advance through public notices,
media releases, and/or mailings.
ADDRESSES: You may submit comments
related to the Monument’s Draft RMP/
EIS by any of the following methods:
• Email: BLM_NM_LCDO_
Comments@blm.gov.
• Fax: 575–525–4412; Attention: Lori
Allen.
• Mail: BLM Las Cruces District
Office, Attention: Lori Allen, Prehistoric
Trackways Project Lead, 1800 Marquess
Street, Las Cruces, NM 88005.
Copies of the Monument’s Draft RMP/
EIS are available at the Las Cruces
District Office at the above address or
online at: https://www.blm.gov/nm/st/en/
fo/Las_Cruces_District_Office/
trackways_rmp.html.
FOR FURTHER INFORMATION CONTACT: Lori
Allen, Prehistoric Trackways Project
Lead, telephone 575–525–4454; address
1800 Marquess Street, Las Cruces, NM
SUMMARY:
E:\FR\FM\20JYN1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Notices]
[Pages 42756-42758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17610]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R2-ES-2012-N099: FXES11120200000F2-112-FF02ENEH00]
Draft Environmental Impact Statement and Draft Habitat
Conservation Plan for Incidental Take of 11 Federally Listed or
Petitioned Species by the Edwards Aquifer Recovery Implementation
Program in 8 Texas Counties
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; announcement of public meetings; and
request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, announce the
availability of the draft environmental impact statement and the draft
Edwards Aquifer Recovery Implementation Program (EARIP) habitat
conservation plan, under the National Environmental Policy Act of 1969.
The EARIP has applied for an incidental take permit (TE63663A-0) under
the Endangered Species Act of 1973, as amended, that would authorize
incidental take of animal species and impacts to plant species (covered
species) in all, or portions, of eight Texas counties.
DATES: Comment Period: To ensure consideration of your written
comments, they must be received on or before close of business (4:30
p.m. C.S.T.) October 18, 2012.
Public Meetings: Seven public meetings will be held throughout the
region affected by the management of the Edwards Aquifer. The dates and
times for each meeting location (Corpus Christi, Kerrville, New
Braunfels, San Antonio, San Marcos, Uvalde, and Victoria) will be
announced in local newspapers at least 2 weeks before each meeting and
will also be posted on the following Web sites: https://www.fws.gov/southwest/es/AustinTexas/ and https://earip.org.
ADDRESSES: To obtain documents for review, see Reviewing Documents in
SUPPLEMENTARY INFORMATION.
To submit comments, please use one of the following methods, and
note that your comment is in reference to the Edwards Aquifer Recovery
Implementation Program (TE63663A-0):
Email: fw2_aues_consult@fws.gov.
U.S. Mail: Field Supervisor, Austin Ecological Services
Field Office, 10711 Burnett Road, Suite 200, Austin, TX 78758-4460;
telephone 512/490-0057.
Fax: 512/490-0974.
We will also accept written and oral comments at the
public meetings (see DATES).
FOR FURTHER INFORMATION CONTACT: Mr. Adam Zerrenner, Field Supervisor,
by U.S. mail at U.S. Fish and Wildlife Service, Austin Ecological
Services Field Office, 10711 Burnett Road, Suite 200, Austin, TX 78758-
4460; or by telephone 512/490-0057.
[[Page 42757]]
SUPPLEMENTARY INFORMATION: In accordance with the requirements of the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.), we advise the public that:
1. We have gathered the information necessary to determine impacts
and formulate alternatives for the draft environmental impact statement
(DEIS) related to potential issuance of an incidental take permit (ITP)
to the Applicants; and
2. The Applicants have developed a draft habitat conservation plan
(DHCP) as part of the application for an ITP, which describes the
measures the Applicants have agreed to take to minimize and mitigate
the effects of incidental take of covered species to the maximum extent
practicable pursuant to section 10(a)(1)(B) of the Endangered Species
Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.).
The Applicants have applied for an ITP (TE63663A-0) under section
10(a)(1)(B) of the Act. The requested ITP, which would be in effect for
a period of 15 years if granted, would authorize incidental take of
seven federally listed animal species (covered species), including the
endangered fountain darter (Etheostoma fonticola), threatened San
Marcos salamander (Eurycea nana), endangered San Marcos gambusia
(Gambusia georgei), endangered Texas blind salamander (Typhlomolge
[=Eurycea] rathbuni), endangered Peck's cave amphipod (Stygobromus
pecki), endangered Comal Springs dryopid beetle (Stygoparnus
comalensis), and the endangered Comal Springs riffle beetle (Heterelmis
comalensis); as well as impacts to endangered Texas wild rice (Zizania
texana). The requested ITP would also cover three petitioned species,
including Edwards Aquifer diving beetle (Haideoporus texanus), Comal
Springs salamander (Eurycea sp.), and Texas troglobitic water slater
(Lirceolus smithii) in case they are listed during the duration of the
ITP. As described in the DHCP, the proposed incidental take could occur
in Bexar, Medina and Uvalde Counties, and portions of Atascosa,
Caldwell, Comal, Guadalupe, and Hays Counties in Texas (Permit Area),
and would result from activities associated with otherwise lawful
activities including the regulation and use of groundwater for
irrigation, industrial, municipal, domestic, and livestock purposes;
the use of instream flows in the Comal River and San Marcos River for
recreational uses; and other operational and maintenance activities
that could affect Comal Springs, San Marcos Springs, and the associated
river systems. The DEIS 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.
Take of listed plant species is not defined in the Act, although
the Act does identify several prohibitions. However, because covered
species in the EARIP HCP include both animals and a plant, 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.
Background
We published a notice of intent (NOI) to prepare an environmental
impact statement in the Federal Register on March 5, 2010 (75 FR
10305), and held public scoping meetings in connection with the
requested permit. The NOI opened a comment period that lasted until
June 3, 2010. A summary of comments provided during the 2010 scoping
period, which included public meetings held that year in seven Texas
cities as follows: Victoria on April 1, New Braunfels on April 12,
Uvalde on April 14, San Marcos on April 19, San Antonio on April 26,
Corpus Christi on April 28, and Kerrville on April 29, is available on
the Service's Web site at https://www.fws.gov/southwest/es/AustinTexas/
and on the Applicants' Web site at https://earip.org.
The Edwards Aquifer Recovery Implementation Program (EARIP)
comprises a diverse group of regional stakeholders from South Central
Texas that undertook a collaborative, consensus-based process to
develop a plan to protect and contribute to the recovery of listed
species associated with Comal and San Marcos Springs while also
protecting the Edwards Aquifer (Aquifer) as a water supply source. The
EARIP completed a DHCP, and the Edwards Aquifer Authority; San Antonio
Water Systems; City of New Braunfels, Texas; City of San Marcos, Texas;
and Texas State University (collectively, the Applicants) have applied
to the U.S. Fish and Wildlife Service (Service) for an ITP under the
Act. The Applicants submitted the EARIP DHCP as part of the ITP
application package. We prepared a DEIS that evaluates the permit
application in accordance with the requirements of NEPA.
Proposed Action
The proposed action involves the issuance of an ITP by the Service
for the Covered Activities in the Permit Area pursuant to section
10(a)(1)(B) of the Act. The ITP would cover ``take'' of the Covered
Species associated with otherwise lawful activities including the
regulation and use of groundwater for irrigation, industrial,
municipal, domestic, and livestock purposes; the use of instream flows
in the Comal River and San Marcos River for recreational uses; and
other operational and maintenance activities that could affect Comal
Springs, San Marcos Springs, and the associated river systems. The
requested term of the ITP is 15 years. To meet the requirements of a
section 10(a)(1)(B) permit, the Applicants have developed and propose
to implement their DHCP, which describes the conservation measures the
Applicants have agreed to undertake to minimize and mitigate the
impacts of the proposed incidental take of the Covered Species to the
maximum extent practicable, and ensures that incidental take will not
appreciably reduce the likelihood of the survival and recovery of these
species in the wild. This alternative provides a comprehensive
mitigation approach for unavoidable impacts to Covered Species and
reduces potential permit processing effort for the Service.
Other Alternatives Considered
We considered three alternatives to the proposed action.
1. No Action--No ITP would be issued. Under this alternative the
management and use of the Aquifer and the use of areas associated with
the Comal and San Marcos Springs would continue regardless of whether a
section10(a)(1)(B) permit is sought or issued. The Applicants would
continue to be subject to the take prohibitions of the ESA. Where
potential impacts could not be avoided, and where a Federal nexus
exists, measures designed to minimize and mitigate for the impacts
would be addressed through individual formal or informal consultation
with the Service. In the absence of a Federal nexus, the Applicants and
other parties in the region would potentially need individual section
10(a)(1)(B) incidental take permits on a project-by-project basis if
their activities might result in incidental take of Federally listed
species within the proposed permit area. This project-by-project
approach would be more time-consuming, less efficient, and could result
in an isolated, independent mitigation approach that might be less
beneficial to the covered species than the proposed regional permit.
2. Another considered alternative explored the use of expanded
Aquifer Storage and Recovery (ASR) operations with associated
infrastructure to
[[Page 42758]]
supplement springflows at Comal and San Marcos Springs during drought
conditions. This alternative contemplated implementation of an HCP and
issuance of an ITP for covered activities similar to the preferred
alternative. This alternative incorporates many of the minimization and
mitigation measures proposed under the preferred alternative. This
alternative differs from the preferred alternative primarily in the
mechanism by which enhanced springflows would be achieved. This
alternative relies on storage of Aquifer water in underground ASR
facilities located in Bexar and Wilson Counties during periods of
normal or above-normal precipitation. These stored waters would then be
pumped through water transmission pipelines during drought conditions
to be injected into recharge features in Comal County to supplement
springflows at Comal and San Marcos Springs. This alternative achieves
similar simulated springflows at Comal and San Marcos Springs when
modeled over the period of record as the preferred alternative, though
the construction, operation, and maintenance of the infrastructure
required to supplement springflows has the potential to negatively
affect additional listed species within the project study area, and
there are unanswered questions related to the effects to water quality
of storage and reuse of Aquifer water.
3. A third alternative contemplated regulatory approaches
restricting region-wide Aquifer pumping to maintain springflows
protective of the Covered Species. No HCP would be implemented under
this alternative, and no ITP would be issued. Simulated springflows
believed to be protective of the covered species during drought
conditions could be maintained under this alternative, though the
indirect and cumulative effects resulting from the proposed pumping
restrictions and the costs associated with developing alternative water
sources for human use would be expected to have significant negative
socioeconomic impacts throughout the region. Because no ITP would be
issued, the Applicants would continue to be subject to the take
prohibitions of the ESA, and a project-by-project approach to
mitigation of unavoidable impacts to listed species would be more time-
consuming, less efficient, and could result in an isolated independent
mitigation approach that might be less beneficial to the covered
species than the proposed regional permit.
Reviewing Documents
You may obtain copies of the DEIS and DHCP on the Service's Web
site at https://www.fws.gov/southwest/es/AustinTexas/ or the EARIP Web
site at https://earip.org.
Alternatively, you may obtain CD-ROMs 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 DEIS and DHCP are also available, by
request, from Mr. Zerrenner. Copies of the DEIS and DHCP are also
available for public inspection and review at the following locations,
by appointment and written request only, 8 a.m. to 4:30 p.m.:
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.
Public Availability of Comments
Written comments we receive become part of the public record
associated with this action. Before including your address, phone
number, email address, or other personal identifying information in
your comment, you should be aware that your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can request in your comment that we withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so. We will not consider anonymous
comments. All submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses, will be made available for public
disclosure in their entirety.
Authority
We provide this notice under section 10(c) of the Act (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: June 7, 2012.
Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2012-17610 Filed 7-19-12; 8:45 am]
BILLING CODE 4310-55-P
