[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Pages 33249-33250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15222]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R2-ES-2016-0141; FXES11140200000-189-FF02ENEH00]


Final Environmental Impact Statement and Draft Record of Decision 
on the Barton Springs/Edwards Aquifer Conservation District Habitat 
Conservation Plan for Two Salamander Species in Travis and Hays 
Counties, Texas

AGENCY: Fish and Wildlife Service, Department of the Interior.

ACTION: Notice of availability.

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SUMMARY: We, the U.S. Fish and Wildlife Service, under the National 
Environmental Policy Act, make available the final environmental impact 
statement and draft record of decision analyzing the impacts of 
issuance of an incidental take permit for implementation of the Barton 
Springs/Edwards Aquifer Conservation District (BSEACD) Habitat 
Conservation Plan (HCP). Our decision is to issue a 20-year incidental 
take permit for implementation of the BSEACD HCP, which authorizes 
incidental take of two listed salamanders under the Endangered Species 
Act.

DATES: We will finalize the record of decision and issue a permit no 
sooner than August 13, 2018.

ADDRESSES: You may obtain copies of the documents in the following 
formats:
     Electronic:
    [cir] http://www.regulations.gov, in Docket No. FWS-R2-ES-2016-
0141.
    [cir] http://www.fws.gov/southwest/es/AustinTexas.
    [cir] CD-ROM: Contact Mr. Adam Zerrenner (see FOR FURTHER 
INFORMATION CONTACT).
    [cir] Telephone: 512-490-0057.
     Hard copy: You may review the documents at the following 
locations (by appointment only):
    [cir] Department of the Interior, Natural Resources Library, 1849 C 
Street NW, Washington, DC 20240. Call (202) 208-5815.
    [cir] U.S. Fish and Wildlife Service, 500 Gold Avenue SW, Room 
6034, Albuquerque, NM 87102. Call (505) 248-6920.
    [cir] U.S. Fish and Wildlife Service, 10711 Burnet Road Suite 200, 
Austin, TX 78758. Call (512) 490-0057.

FOR FURTHER INFORMATION CONTACT: Mr. Adam Zerrenner, Field Supervisor, 
by phone at 512-490-0057, via fax at 512-490-0974, or by U.S. mail at 
U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, 
TX 78758.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of several documents related to an 
incidental take permit (ITP) application under the Endangered Species 
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The final 
environmental impact statement (EIS) and draft record of decision (ROD) 
were developed in compliance with the agency decision-making 
requirements of the National Environmental Policy Act (NEPA; 42 U.S.C. 
4321 et seq.), and are based on the habitat conservation plan (HCP) as 
submitted by the Barton Springs/Edwards Aquifer Conservation District 
(BSEACD, or applicants). We described all four alternatives in detail, 
which were fully evaluated and analyzed in our 2018 final EIS. The 
draft ROD documents the rationale for our decision.
    Our proposed action is to issue an ITP to the applicants under 
section 10(a)(1)(B) of the ESA that authorizes incidental take of the 
Barton Springs salamander (Eurycea sosorum) and Austin blind salamander 
(Eurycea waterlooensis) during management of the Barton Springs segment 
of the Edwards Aquifer. The aquifer is the primary water supply for 
more than 70,000 people in the region and the source water for the 
Barton Springs complex. The applicants requested a term of 20 years 
from the date of issuance. The applicants will fully implement 
minimization and mitigation measures to offset impacts to the covered 
species according to their HCP.
    The minimization measures include: Providing the most efficient use 
of groundwater, controlling and preventing waste of groundwater, 
addressing conjunctive surface water management issues, addressing 
natural resource management issues, addressing drought conditions, 
addressing demand reduction through conservation, addressing supply 
through structural enhancement, and quantitatively addressing 
established desired future conditions.
    The mitigation measures include a commitment to:
     Support the operations of an existing refugium through in-
kind, contracted support, cash provision, or other appropriate means;
     conduct a feasibility study of dissolved oxygen 
augmentation and, if warranted, implement a pilot project at Main 
Spring at Barton Springs;
     maintain and operate the Antioch Recharge Enhancement 
Facility for the permit term;
     establish a new reserve fund for closing abandoned wells 
to eliminate high-risk abandoned wells as potential conduits for 
contaminants from the surface or adjacent formations into the aquifer, 
with priority given to problematic wells close to the Barton Springs 
outlets or those associated with water chemistry concerns under severe 
drought conditions; and
     provide leadership and technical assistance to other 
government entities, organizations, and individuals when prospective 
land-use and groundwater management activities in those entities' 
purview will, in the District's assessment, significantly affect the 
quantity or quality of groundwater in the Aquifer.
    In addition to this notice, the Environmental Protection Agency 
(EPA) published a notice announcing the EIS on July 13, 2018, as 
required under the Clean Air Act, section 309 (42 U.S.C. 7401 et seq.; 
see EPA's Role in the EIS Process below).

Background

    The applicants have applied for an ITP (TE10607C-0) under the ESA 
that would authorize incidental take of two covered species and would 
be in effect for a period of 20 years. The proposed

[[Page 33250]]

incidental take of the covered species would occur from lawful, non-
Federal activities from groundwater withdrawals from registered wells 
(non-exempt) in the Edwards Aquifer that are authorized and regulated 
under the BSEACD's permitting program and activities necessary to 
manage potential habitat for the covered species within the permit area 
(covered activities). The BSEACD HCP Plan Area includes Hays and Travis 
Counties, Texas. The final EIS considers the direct, indirect, and 
cumulative effects of implementing the HCP, including the measures that 
will be implemented to minimize and mitigate such impacts to the 
maximum extent practicable.
    Section 9 of the ESA and its implementing regulations in title 50 
of the Code of Federal Regulations (CFR) 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, we 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.
    On July 18, 2017, 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 BSEACD HCP and to evaluate 
alternatives (82 FR 32861). We held a public meeting in Austin, Texas, 
August 22, 2017. The public comment period closed on September 18, 
2017.
    We identified key issues and relevant factors through public 
scoping and meetings, working with other agencies and groups, and 
reviewing comments from the public. We received responses from one 
local government agency and two nongovernmental agencies. We believe 
these comments are addressed and reasonably accommodated in the final 
documents, and we have included the public's comments and our responses 
in Appendix A5-1 of the final EIS.

Decision

    We intend to issue an ITP allowing the applicants to implement the 
BSEACD HCP. Our decision is based on a thorough review of the 
alternatives and their environmental consequences. Implementing this 
decision entails issuing an ITP to BSEACD and full implementation of 
the HCP by the applicants, including minimization and mitigation 
measures, monitoring and adaptive management, and complying with all 
terms and conditions in the ITP.
    A final ITP decision will be made no sooner than 30 days after the 
publication of this notice of availability and completion of the record 
of decision.

EPA's Role in the EIS Process

    In addition, EPA published a notice on July 13, 2018, in the 
Federal Register announcing the EIS for the April 2018 Habitat 
Conservation Plan for Managed Groundwater Withdrawals from the Barton 
Springs Segment of the Edwards Aquifer, as required under the Clean Air 
Act, section 309. The EPA's publication date of the notice of 
availability is the official beginning of the public review period. The 
EPA is charged with reviewing all Federal agencies' EISs and commenting 
on the adequacy and acceptability of the environmental impacts of 
proposed actions in EISs.
    The EPA also serves as the repository (EIS database) for EISs, 
which Federal agencies prepare. All EISs must be filed with EPA, which 
publishes a notice of availability on Fridays in the Federal Register. 
For more information, see https://www.epa.gov/nepa. You may search for 
EPA comments on EISs, along with EISs themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.
    Authority: We provide this notice under section 10(c) of the ESA 
(16 U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22 
and 17.32) and NEPA (42 U.S.C. 4321 et seq.) and its implementing 
regulations (40 CFR 1506.6).

Amy L. Lueders
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2018-15222 Filed 7-16-18; 8:45 am]
 BILLING CODE 4333-15-P