[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Notices]
[Pages 31463-31464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13294]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2009-N192; 20124-1112-0000-F2]


Comal County Regional Habitat Conservation Plan, Comal County, TX

AGENCY: Fish and Wildlife Service, Interior.

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

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SUMMARY: Comal County, Texas (Applicant), has applied to the U.S. Fish 
and Wildlife Service (Service) for an incidental take permit (TE-
223267-0) under section 10(a)(1)(B) of 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 Comal County, Texas, as a result of 
activities including, but not limited to: Public or private 
construction and development, utility installation and maintenance, and 
public infrastructure projects. Comal 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).

DATES: Comment-period end: To ensure consideration, we must receive 
written comments by close of business (4:30 p.m. CDT) on or before 
September 1, 2010.
    Public meetings: We will accept oral and written comments at a 
public hearing to be held on July 27, 6 p.m. to 8 p.m., Comal County 
Commissioners Court, 199 Main Plaza, New Braunfels, Texas 78130.

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, 
U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, 
TX 78758 or 512-490-0057.

SUPPLEMENTARY INFORMATION: Under the National Environmental Policy Act 
(NEPA; 42 U.S.C. 4371 et seq.), this notice advises the public that we 
have gathered the information necessary to determine impacts and 
formulate alternatives for the EIS related to the potential issuance of 
an ITP to Comal County; and that the Applicant has developed an HCP 
which describes the measures the applicant has agreed 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

    Our initial notice of intent to prepare an EIS and hold public 
scoping meetings published in the Federal Register on October 16, 2008 
(73 FR 61433). A public scoping meeting was held on December 4, 2008, 
at Commissioners Court in New Braunfels, Texas. The dHCP and the 
conservation programs described in the plan were developed in a process 
involving participants and stakeholders from potentially affected or 
interested groups in Comal County. The groups are organized into a 
Citizens Advisory Committee and a Biological Advisory Team that have 
overseen the development of the dHCP. The Comal County Web site 
contains information on meetings, documents, and the status of the 
process.
    Section 9 of the Act and its implementing regulations prohibit the 
``taking'' of threatened and 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 Comal County, under section 10(a)(1)(B) of 
the Act. The activities that would be covered by the ITP are public or 
private construction and development, utility installation and 
maintenance (including, but not limited to, power and cable stations, 
substations, and transmission lines; water, sewer, and natural gas 
pipelines; and plants and other facilities), and public infrastructure 
projects such as school development, road construction and maintenance, 
and parkland. The ITP will cover Comal County, Texas. The requested 
term of the permit is 30 years. To meet the issuance criteria for an 
ITP, the Applicant has developed and will implement the dHCP, which 
describes the conservation measures the Applicant has agreed to 
undertake to minimize the potential for and mitigate the potential 
effects of incidental take of golden-cheeked warbler and black-capped 
vireo to the maximum extent practicable.

Alternatives

    The alternatives to the proposed action we are considering as part 
of this process are:
    1. No Action--A countywide HCP would not be implemented, and no ITP 
would be issued. This alternative would require individuals to seek 
authorization through section 7 consultation or individual section 10 
permits to address incidental take resulting from their actions in 
Comal County or avoid taking actions that would result in incidental 
take.
    2. Modified (Reduced Take and Mitigation) HCP--This alternative 
would only cover take of the golden-cheeked warbler, and the amount of 
authorized take and mitigation would be reduced for this species.
    3. Preferred Alternative (Proposed Comal County RHCP)--This 
alternative would involve issuance of a 10(a)(1)(B) permit covering 
impacts to 5,238 acres of golden-cheeked warbler habitat and 1,000 
acres of black-capped vireo habitat.

Reviewing Documents and Submitting Comments

    Please refer to TE-223267-0 when requesting documents or submitting 
comments.
    You may obtain copies of the dEIS and dHCP by going to the Comal 
County Web site at http://www.co.comal.tx.us/comalrhcp/default.htm. 
Alternatively, you may obtain compact disks with electronic copies of 
these documents by contacting Mr. Adam Zerrenner, Field Supervisor, by 
U.S. mail at U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 
200, Austin, TX 78758; or by phone at 512/490-0057; or by fax to 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

[[Page 31464]]

(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.
     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 
contacting Mr. Adam Zerrenner, Field Supervisor, by U.S. mail at U.S. 
Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 
78758; or by phone at 512/490-0057; or by fax to 512/490-0974.

Public Meeting

    We will accept oral and written comments at a public hearing to be 
held on July 27, 2010, 6 p.m. to 8 p.m., Comal County Commissioners 
Court, 199 Main Plaza, New Braunfels, Texas 78130.

Submitting Comments

    Written comments may be submitted to Mr. Adam Zerrenner (see FOR 
FURTHER INFORMATION CONTACT). We will also accept written and oral 
comments at a public hearing (see DATES).

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 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.

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).

Brian Millsap,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2010-13294 Filed 6-2-10; 8:45 am]
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