[Federal Register Volume 74, Number 210 (Monday, November 2, 2009)]
[Notices]
[Pages 56655-56656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26273]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2009-N155; 20124-1112-0000-F2]


Hays County Regional Habitat Conservation Plan, Hays County, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability: draft environmental impact statement, 
draft habitat conservation plan, permit application; and announcement 
of a public hearing.

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SUMMARY: Hays County, Texas (Applicant), has applied to the U.S. Fish 
and Wildlife Service (Service) for an incidental take permit (TE-
220793-0) under the Endangered Species Act (Act) of 1973, as amended. 
The requested permit, which would be in effect for a period of 30 years 
if granted, would authorize incidental take of the following federally 
listed species: Golden-cheeked warbler (Dendroica chrysoparia) and 
black-capped vireo (Vireo atricapilla). The proposed take would occur 
in Hays County, Texas, as a result of activities including, but not 
limited to, public or private land development, transportation 
projects, or utility projects. Hays County has completed a draft 
Habitat Conservation Plan (dHCP) as part of the application package. We 
have issued a draft environmental impact statement (dEIS) that 
evaluates the impacts of, and alternatives to, possible issuance of an 
incidental take permit (ITP). We request public comments on the 
application, dHCP, and dEIS, and we announce our plan to hold public 
hearings.

DATES: Public meetings: We will accept oral and written comments at a 
public hearing to be held on Wednesday, November 18, 2009, from 6 p.m. 
to 8 p.m. CDT at the San Marcos Activity Center, Room 1, 501 
E. Hopkins Street, San Marcos, TX 78666.
    Comment-period end: To ensure consideration, please send your 
written comments by February 1, 2010.

ADDRESSES: For where to review documents and submit comments, and the 
public meeting location, see Reviewing Documents and Submitting 
Comments in SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Mr. Adam Zerrenner, Field Supervisor, 
Austin Ecological Services Field Office, 10711 Burnet Road, Suite 200, 
Austin, TX 78758; telephone 512-490-0057.

SUPPLEMENTARY INFORMATION: Under the National Environmental Policy Act 
(NEPA), we announce that we have gathered the information necessary to 
determine impacts and formulate alternatives for the EIS related to the 
potential issuance of an incidental take permit (ITP) to Hays County; 
and that the Applicant has developed an HCP which describes the 
measures to undertake to minimize and mitigate the effects of 
incidental take of federally listed species to the maximum extent 
practicable, under section 10(a)(1)(B) of the Act (16 U.S.C. 1531 et 
seq.).

Background

    The initial notice of intent to prepare an EIS and hold public 
scoping meetings published in the Federal Register on May 16, 2008 (73 
FR 28497). A summary of comments provided during the 2008 scoping 
periods, which included a public meeting held June 18, 2008, in San 
Marcos, Texas, is available on the Hays County Regional Habitat 
Conservation Plan Web site at http://www.hayscountyhcp.com.
    The Hays County draft Regional Habitat Conservation Plan (dRHCP) 
and the conservation program described in the plan were developed in a 
process involving participants and stakeholders from potentially 
affected or interested groups in Hays County. The groups are organized 
into a Citizens Advisory Committee and a Biological Advisory Team that 
have overseen the development of the RHCP. The RHCP Web site contains 
information on meetings, documents, and the status of the process.
    Section 9 of the Act and its implementing regulations prohibit the

[[Page 56656]]

``taking'' of threatened or endangered species. However, under limited 
circumstances, we may issue permits to take listed wildlife species 
incidental to, and not the purpose of, otherwise lawful activities.

Proposed Action

    The proposed action involves the issuance of an ITP by the Service 
for covered activities in Hays County, under section 10(a)(1)(B) of the 
Act. The activities that would be covered by the ITP are construction, 
use, or maintenance of public or private land development projects; 
construction, maintenance, or improvement of transportation 
infrastructure; installation or maintenance of utility infrastructure; 
construction, use, or maintenance of institutional projects or public 
infrastructure; and management activities in RHCP preserves necessary 
to manage habitat for the covered species. The requested ITP will cover 
Hays County, Texas. The requested term of the permit is 30 years.
    To meet the requirements of a section 10(a)(1)(B) ITP, the 
Applicant has developed and will implement the dRHCP, which describes 
the conservation measures the Applicant has agreed to undertake to 
minimize and mitigate for incidental take of the golden-cheeked warbler 
and black-capped vireo to the maximum extent practicable, and 
anticipates that incidental take will not appreciably reduce the 
likelihood of the survival and recovery of these species in the wild.

Alternatives

    We are considering three alternatives to the proposed action as 
part of this process:
    1. No Action--No ITP would be issued. This alternative would 
require individuals to seek authorization through section 7 or section 
10(a)(1)(B) to address incidental take resulting from their actions in 
Hays County or avoid taking actions that would result in incidental 
take of federally listed species.
    2. Moderate Preserve/Limited Take--This alternative would create an 
RHCP for the golden-cheeked warbler and black-capped vireo, but would 
limit incidental take to no more than 3,600 acres of impact to habitat 
for these two species. A preserve system of 3,000 acres with a pre-
determined location and configuration would mitigate for the impacts of 
the authorized take.
    3. Large-Scale Preserve System--This alternative would create an 
RHCP for the golden-cheeked warbler and black-capped vireo, and would 
allow incidental take of any potential habitat for the covered species 
during the term of the ITP outside of a predetermined 30,000-acre 
preserve.

Reviewing Documents and Submitting Comments

    Please refer to TE-220793-0 when requesting documents or submitting 
comments.
    You may obtain copies of the dEIS and dRHCP by going to the Hays 
County Regional Habitat Conservation Plan Web site at http://hayscountyhcp.com/documents. Alternatively, you may obtain compact 
disks with electronic copies of these documents by writing to Mr. Adam 
Zerrenner, Field Supervisor, 10711 Burnet Road, Suite 200, Austin, TX 
78758; telephone 512-490-0057; facsimile 512-490-0974. The application, 
dRHCP, and dEIS will also be available for public inspection, by 
appointment, during normal business hours (8 a.m. to 4:30 p.m.) at the 
Austin office. During the public comment period (see DATES), submit 
your written comments or data to the Field Supervisor at the Austin 
address.
    A limited number of printed copies of the dEIS and dRHCP are also 
available for public inspection and review at the following locations 
(by appointment only at government offices):
     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 
4012, Albuquerque, NM 87102;
     San Marcos Public Library, 625 E. Hopkins Street, San 
Marcos, TX;
     Hays County Precinct 3 Office, 14306 Ranch Rd 12, 
Wimberley, TX; and
     Hays County Precinct 4 Office, 195 Roger Hanks Parkway, 
Dripping Springs, TX.
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 4012, Albuquerque, NM 87103.

Public Meeting

    A public meeting will take place on Wednesday, November 18, 2009, 
to be held at the San Marcos Activity Center (see DATES) from 6 p.m. to 
8 p.m. CDT.

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. Before including your address, phone 
number, e-mail address, or other personal identifying information in 
your comment, you should be aware that the entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

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. 4371 et seq.) and its implementing regulations (40 CFR 
1506.6).

    Dated: August 20, 2009.
Brian A. Millsap,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. E9-26273 Filed 10-30-09; 8:45 am]
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