[Federal Register Volume 82, Number 145 (Monday, July 31, 2017)]
[Notices]
[Pages 35539-35541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16056]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2017-N075; FXES11140200000-178-FF02ENEH00]


Intent To Prepare a Draft National Environmental Policy Act 
Analysis and Associated Documents for LCRA Transmission Services 
Corporation's Proposed Habitat Conservation Plan, TX

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent; announcement of public scoping meetings; 
request for comments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service, advise the public that 
we intend to evaluate the impacts of, and alternatives to, the proposed 
issuance of an incidental take permit (ITP) under the Endangered 
Species Act of 1973, as amended, to LCRA Transmission Services 
Corporation (LCRA TSC; applicant) for incidental take of approximately 
35 federally listed species for construction, operation, upgrade, 
decommissioning, and maintenance of the applicant's facilities within 
the proposed plan area (approximately 241 counties). LCRA TSC proposes 
to draft a Habitat Conservation Plan in support of the ITP. We also 
announce plans for public scoping meetings and the opening of a public 
comment period under the National Environmental Policy Act of 1969, as 
amended (NEPA).

DATES: Written comments on alternatives and issues to be addressed must 
be received by close of business on or before August 30, 2017. Four 
public scoping meetings will be held throughout the proposed plan area. 
Exact meeting locations and times will be announced in local newspapers 
and on the Service's Austin Ecological Services Office Web site, 
https://www.fws.gov/southwest/es/AustinTexas/, at least 2 weeks prior 
to each meeting.

ADDRESSES: To request further information or submit written comments, 
use one of the following methods, and note that your information 
request or comment is in reference to the LCRA TSC NEPA analysis:
     Email: [email protected];
     U.S. Mail: Field Supervisor, Austin Ecological Services 
Field Office, 10711 Burnet Road, Ste. 200, Austin, Texas 78758;
     Fax: (512) 490-0974; or
     Telephone: (512) 490-0057.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), advise the public that we intend to evaluate the impacts of, 
and alternatives to, the proposed issuance of an incidental take permit 
(ITP) under the Endangered Species Act of 1973, as amended (16 U.S.C 
1531 et seq.; ESA), to LCRA Transmission Services Corporation (LCRA 
TSC; applicant) for incidental take of approximately 35 federally 
listed species during construction, operation, upgrade, 
decommissioning, and maintenance of the applicant's facilities within 
the proposed plan area (approximately 241 Texas counties). LCRA TSC 
proposes to draft a Habitat Conservation Plan (HCP) in support of the 
ITP. We also announce plans for public scoping meetings and the opening 
of a public comment period.
    We publish this notice in compliance with the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321, et seq.; 
NEPA), and its implementing regulations (40 CFR 1501.7, 1506.6, and 
1508.22), and section 10(c) of the ESA. We will use and coordinate the 
NEPA process to fulfill our obligations under the National Historic 
Preservation Act (Pub. L. 89-665, as amended by Pub. L. 96-515, and as 
provided in 36 CFR 800.2(d)(3) and 800.8(c)). We intend to gather the 
information necessary to determine impacts and alternatives to support 
a decision regarding the potential issuance of an ITP to LCRA TSC under 
the ESA.
    The applicant proposes to develop an HCP as part of their 
application for an ITP. The proposed HCP will describe, among other 
things, the measures necessary to minimize and mitigate the impacts, to 
the maximum extent practicable, of potential proposed taking of 
federally listed species and the habitats upon which they depend, 
resulting from operations, maintenance, upgrade, decommissioning, and 
construction of LCRA TSC facilities. At this time, we intend to 
evaluate the impacts of, and alternatives to, the proposed issuance of 
an ITP under the Act to LCRA TSC.

National Environmental Policy Act Process

    Upon completion of the public scoping process and completion of our 
review of the applicant's proposed HCP, we will determine whether an 
environmental assessment (EA) or Environmental Impact Statement is the 
appropriate NEPA analysis to support potential issuance of the ITP.

Background

    Section 9 of the ESA and its implementing regulations prohibit 
``take'' of fish and wildlife species listed as endangered or 
threatened under the ESA. The ESA defines ``take'' as ``to harass, 
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect 
listed animal species, or attempt to engage in such conduct'' (16 
U.S.C. 1533). The term ``harm'' is defined in the regulations as 
significant habitat modification or degradation that results in death 
or injury to listed species by significantly impairing essential 
behavioral patterns, including breeding, feeding, or sheltering (50 CFR 
17.3). However, the Service may, under specified circumstances, issue 
permits that allow the take of federally listed species, provided that 
the take is incidental to, but not the purpose of, otherwise lawful 
activity. Regulations governing ITPs for endangered and threatened 
species are at 50 CFR 17.22 and 17.32, respectively.
    Section 10(a)(1)(B) of the ESA contains provisions for issuing such 
ITPs to non-Federal entities for the take of endangered and threatened 
species, provided the following criteria are met: (1) The taking will 
be incidental; (2) the applicant will, to the maximum extent 
practicable, minimize and mitigate the impact of such taking; (3) the 
applicant will develop a conservation plan and ensure that adequate 
funding for the plan will be provided; (4) the taking will not 
appreciably reduce the likelihood of the survival and recovery of the 
species in the wild; and (5) the applicant will carry out any other 
measures that we may require as being necessary or appropriate for the 
purposes of the HCP (16 U.S.C. 1539(a)(1)(B) and 1539(a)(2)(A)).
    Thus, the purpose of issuing an ITP is to authorize take associated 
with the proposed activities while conserving covered species and their 
habitats. Implementation of a comprehensive multispecies HCP, rather 
than a project-by-project approach, will maximize the benefits of 
conservation measures for the covered species and eliminate expensive 
and time-consuming efforts associated with processing individual ITPs 
for each project the applicant undertakes. We expect that the applicant 
will request ITP coverage for a period of 30 years.

[[Page 35540]]

Scoping Meetings

    A primary purpose of the scoping process is to receive suggestions 
and information on the scope of issues and alternatives for the Service 
to consider. The Service is planning to have scoping meetings. The time 
and exact locations will be published in local newspapers of record and 
posted on the Austin Ecological Service Field Office Web site (https://www.fws.gov/southwest/es/AustinTexas/) no later than two weeks prior to 
holding the meetings. Written comments will be accepted at the 
meetings. Comments can also be submitted to persons listed in the 
ADDRESSES section.

Alternatives

    The Proposed Action presented in our analysis will be compared to 
the No-Action alternative. The No-Action alternative represents 
estimated future conditions to which the Proposed Action's estimated 
future conditions can be compared.

No-Action Alternative

    Because the proposed activities are necessary for providing 
services to accommodate future population growth and energy demand, 
these activities would continue regardless of whether the proposed ITP 
is sought or issued. Under the no-action alternative, the applicant 
would comply with the ESA by avoiding and minimizing impacts to listed 
species where practicable. Where impacts to listed species cannot be 
avoided, and where a Federal nexus exists, the applicant would address 
such impacts pursuant to the consultation process prescribed by section 
7 of the ESA. Absent a Federal nexus, if the applicant is unable to 
avoid take, they would apply for an ITP on a project-by-project basis. 
This project-by-project approach would be more time-consuming and less 
efficient, and could result in an isolated, independent mitigation 
approach.

Proposed Alternative

    The Proposed Action is the issuance of an ITP for the proposed 
covered species for the proposed covered activities within the Plan 
Area. The proposed HCP, which must meet the requirements in section 
10(a)(2)(A) of the ESA by providing measures to minimize and mitigate 
the effects of the potential incidental take of covered species to the 
maximum extent practicable, would be developed in coordination with the 
Service and implemented by the applicant.
    This alternative will allow for a comprehensive mitigation approach 
for unavoidable impacts and result in a more efficient and timely 
permit processing effort for the Service and the applicant. Actions 
covered under the requested ITP may include possible take of the 
species associated with the proposed activities.
    The proposed activities include construction, operation, upgrade, 
decommissioning, and maintenance activities associated with current and 
future LCRA TSC electrical transmission lines, substations, access 
roads, and related infrastructure and facilities. More specifically, 
these may include general activities associated with new construction, 
maintenance, and emergency response and restoration, including 
stormwater discharges from construction sites, equipment access, and 
surveying. Construction activities covered for new facilities would 
include new overhead transmission lines, new support facilities such as 
substations and switching stations, adding a second circuit on an 
existing structure, and underground electric installation. Typical 
maintenance activities would include vegetation management within a 
right-of-way, expansion of existing support facilities, line upgrades, 
hardware replacement, and maintenance of above-ground and underground 
electric facilities.
    The Plan Area encompasses 241 Texas counties, including: Anderson, 
Andrews, Angelina, Aransas, Archer, Armstrong, Atascosa, Austin, 
Bandera, Bastrop, Baylor, Bee, Bell, Bexar, Blanco, Borden, Bosque, 
Bowie, Brazoria, Brazos, Brewster, Briscoe, Brooks, Brown, Burleson, 
Burnet, Caldwell, Calhoun, Callahan, Cameron, Camp, Carson, Castro, 
Chambers, Cherokee, Childress, Clay, Coke, Coleman, Collin, 
Collingsworth, Colorado, Comal, Comanche, Concho, Cooke, Coryell, 
Cottle, Crane, Crockett, Crosby, Culberson, Dallas, Dawson, DeWitt, 
Deaf Smith, Delta, Denton, Dickens, Dimmit, Donley, Duval, Eastland, 
Ector, Edwards, Ellis, Erath, Falls, Fannin, Fayette, Fisher, Floyd, 
Foard, Fort Bend, Franklin, Freestone, Frio, Gaines, Galveston, Garza, 
Gillespie, Glasscock, Goliad, Gonzales, Gray, Grayson, Gregg, Grimes, 
Guadalupe, Hale, Hall, Hamilton, Hansford, Hardeman, Harris, Harrison, 
Hartley, Haskell, Hays, Hemphill, Henderson, Hidalgo, Hill, Hood, 
Hopkins, Houston, Howard, Hudspeth, Hunt, Hutchinson, Irion, Jack, 
Jackson, Jasper, Jeff Davis, Jefferson, Jim Hogg, Jim Wells, Johnson, 
Jones, Karnes, Kaufman, Kendall, Kenedy, Kent, Kerr, Kimble, King, 
Kinney, Kleberg, Knox, La Salle, Lamar, Lamb, Lampasas, Lavaca, Lee, 
Leon, Liberty, Limestone, Lipscomb, Live Oak, Llano, Loving, Lubbock, 
Lynn, Madison, Martin, Mason, Matagorda, Maverick, McCulloch, McLennan, 
McMullen, Medina, Menard, Midland, Milam, Mills, Mitchell, Montague, 
Montgomery, Moore, Morris, Motley, Nacogdoches, Navarro, Nolan, Nueces, 
Ochiltree, Oldham, Palo Pinto, Panola, Parker, Parmer, Pecos, Polk, 
Potter, Presidio, Rains, Randall, Reagan, Real, Red River, Reeves, 
Refugio, Roberts, Robertson, Rockwall, Runnels, Rusk, San Augustine, 
San Jacinto, San Patricio, San Saba, Schleicher, Scurry, Shackelford, 
Shelby, Smith, Somervell, Starr, Stephens, Sterling, Stonewall, Sutton, 
Swisher, Tarrant, Taylor, Terrell, Terry, Throckmorton, Titus, Tom 
Green, Travis, Trinity, Tyler, Upshur, Upton, Uvalde, Val Verde, Van 
Zandt, Victoria, Walker, Waller, Ward, Washington, Webb, Wharton, 
Wheeler, Wichita, Wilbarger, Willacy, Williamson, Wilson, Winkler, 
Wise, Wood, Young, Zapata, and Zavala Counties.
    The applicant may apply for an ITP to cover 35 species listed as 
endangered or threatened within the proposed permit area. However, the 
ultimate list of species covered by the proposed ITP and associated HCP 
may change based on the outcome of more detailed reviews of the best 
available science, changes to the list of protected species, or further 
assessments of the likelihood of take from the proposed activities. At 
this time, LCRA TSC expects to include the following species:
    Endangered birds: Golden-cheeked warbler (Setophaga [=Dendroica] 
chrysoparia), black-capped vireo (Vireo atricapilla), whooping crane 
(Grus americana), interior least tern (Sterna antillarum athalassos), 
southwestern willow flycatcher (Empidonax traillii extimus), Northern 
aplomado falcon (Falco femoralis septentrionalis), and red-cockaded 
woodpecker (Picoides borealis).
    Threatened birds: Piping plover (Charadrius melodus), rufa red knot 
(Calidris canutus rufa), and western yellow-billed cuckoo (Coccyzus 
americanus).
    Endangered mammals: Ocelot (Leopardus pardalis) and Gulf Coast 
jaguarundi (Herpailurus yagouaroundi cacomitli).
    Endangered Amphibians: Barton Springs salamander (Eurycea sosorum) 
and Houston toad (Bufo houstonensis).
    Threatened Amphibians: Georgetown salamander (Eurycea naufragia), 
Jollyville Plateau salamander (Eurycea tonkawae), Salado Springs 
salamander (Eurycea chisholmensis), and San Marcos salamander (Eurycea 
nana).

[[Page 35541]]

    Endangered Invertebrates: Comal Springs riffle beetle (Heterelmis 
comalensis), Bee Creek Cave harvestman (Texella reddelli), Bone Cave 
harvestman (Texella reyesi), Cokendolpher Cave harvestman (Texella 
cokendolpheri), Tooth Cave pseudoscorpion (Tartarocreagris texana), 
Tooth Cave spider (Tayshaneta myopica), Inner Space Cavern mold beetle 
(Batrisodes texanus), Kretschmarr Cave mold beetle (Texamaurops 
reddelli), Tooth Cave ground beetle (Rhadine persephone), Braken Bat 
Cave meshweaver (Cicurina venii), Government Canyon Bat Cave meshweaver 
(Cicurina vespera), Madla Cave meshweaver (Cicurina madla), Robber 
Baron Cave meshweaver (Cicurina baronia), Government Canyon Bat Cave 
spider (Tayshaneta microps), Helotes mold beetle (Batrisodes venyivi), 
Rhadine exilis, and Rhadine infernalis.

Other Alternatives

    We seek information regarding other reasonable alternatives during 
this scoping period and will evaluate the impacts associated with such 
alternatives in our analysis.

Public Availability of Comments

    Written comments received will 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 the entire comment--including 
your personal identifying information--will be publicly available. 
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.

Environmental Review

    The Service will draft our environmental review to analyze the 
proposed action, as well as other alternatives, and the associated 
impacts of each alternative on the human environment and each species 
covered for the range of alternatives to be addressed. Our analysis is 
expected to provide biological descriptions of the affected species and 
habitats, as well as the effects of the alternatives on other 
resources, such as vegetation, wetlands, wildlife, geology and soils, 
air quality, water resources, water quality, cultural resources, land 
use, recreation, water use, local economy, and environmental justice. 
Following completion of the environmental review, the Service will 
publish a notice of availability and a request for comment on our 
environmental analysis and the applicants' permit application, which 
will include the draft HCP.

Joy E. Nicholopoulos,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 2017-16056 Filed 7-28-17; 8:45 am]
 BILLING CODE 4333-15-P