97-722. Notice of Scoping Meeting on Intent to Prepare Environmental Impact Statement in Anticipation of Receiving a Permit Application to Incidentally Take Listed Species From the Endangered San Marcos and Comal Springs Ecosystems Under Section 10(...  

  • [Federal Register Volume 62, Number 8 (Monday, January 13, 1997)]
    [Notices]
    [Pages 1778-1779]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-722]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Notice of Scoping Meeting on Intent to Prepare Environmental 
    Impact Statement in Anticipation of Receiving a Permit Application to 
    Incidentally Take Listed Species From the Endangered San Marcos and 
    Comal Springs Ecosystems Under Section 10(a) of the Endangered Species 
    Act, by the Bexar Metropolitan Water District and Possibly Others, 
    Comal, Bexar, and Hays Counties, Texas
    
    ACTION: Notice of Intent to prepare an environmental impact statement 
    and announcement of scoping meeting.
    
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    SUMMARY: This notice advises the public that the Fish and Wildlife 
    Service (Service) intends to gather information necessary to prepare an 
    Environmental Impact Statement (EIS) for an anticipated incidental take 
    permit application, including a required Habitat Conservation Plan, 
    from the Bexar Metropolitan Water District (District) and possibly 
    others. The species proposed to be taken from the San Marcos and Comal 
    Springs Ecosystems (Edwards Aquifer), include the federally-listed San 
    Marcos gambusia (Gambusia georgei), fountain darter (Etheostoma 
    fonticola), and Texas wild-rice (Zizania texana).
        This notice is provided as required by the Endangered Species Act 
    (Act) of 1973, as amended (16 U.S.C.1531 et seq.), (50 CFR 17.22) and 
    National Environmental Policy Act (40 CFR 1501.7) regulations.
        The Service is soliciting information and comments on the scope of 
    issues to be addressed in the EIS. The National Environmental Policy 
    Act (NEPA) process is intended to help public officials make decisions 
    that are based on understanding of environmental consequences, and take 
    actions that protect, restore, and enhance the human environment. NEPA 
    scoping procedures are intended to insure that information on the 
    proposed action, alternatives and impacts are solicited from the 
    public, and that all information is available to public officials and 
    citizens before planning decisions are made. Accurate scientific 
    analysis, expert agency comments, and public scrutiny are essential to 
    implementing NEPA. NEPA documents concentrate on the issues that are 
    significant to the action in question. The Service invites the public 
    to submit information and comments either at a meeting on 13 February 
    1997, or in writing. The Service requests that comments be as specific 
    as possible.
        Major environmental and species concerns in this scoping process 
    include the direct, indirect, and cumulative impacts that 
    implementation of the proposal could have on endangered and threatened 
    species, critical habitat, and other environmental resources, and the 
    quality of the human environment. Other relevant issues include effects 
    of aquifer and water withdrawal levels on Comal and San Marcos spring 
    flows, effects of various aquifer water use management options and 
    alternative water supply options on the environments affected by those 
    options, and effects on the downstream environment.
    
    DATES: Written comments should be received on or before 1 May 1997. A 
    public hearing for receipt of comments will be held in San Antonio, 
    Bexar County, Texas, Thursday, 13 February 1997.
    
    ADDRESSES: Comments should be addressed to Steve Helfert, Field 
    Supervisor, U.S. Fish and Wildlife Service, Ecological Services, 10711 
    Burnet Road, Suite 200, Austin, Texas 78758-4460. The public hearing 
    will be held from 7 to 10 pm, at Dwight Middle School, 2454 W. 
    Southcross, San Antonio, Texas 78211. For further information on the 
    scoping meeting location contact Janie Valenzuela at Bexar Metropolitan 
    Water District, 2047 West Malone, San Antonio, Bexar County, Texas 
    78225, (210) 345-6500.
    
    FOR FURTHER INFORMATION CONTACT: Alisa M. Shull, U.S. Fish and Wildlife 
    Service, at the above address, telephone (512) 490-0057, facsimile 
    (512) 490-0974.
    
    SUPPLEMENTARY INFORMATION: The Service proposes to prepare an EIS to 
    evaluate the impacts of alternatives associated with issuing an 
    incidental take permit under section 10(a)1(B) of the ESA. Several 
    parties, including the Bexar Metropolitan Water District, have 
    indicated an interest in pursuing incidental take authorization.
        Section 9 of the ESA prohibits the taking of federally listed 
    animal species, unless authorized under the provisions of section 7 or 
    10 of the ESA. The term ``take'' under the ESA includes actions that 
    may directly kill or injure listed species, actions that significantly 
    disrupt normal behavioral patterns such as feeding and breeding, and 
    actions that detrimentally modify habitat to the extent that it harms 
    individuals of the species.
        Section 10(a)(1)(B) allows the Fish and Wildlife Service to permit 
    taking of listed species provided that taking is incidental to an 
    otherwise legal activity and that it will not jeopardize a listed 
    species. A Habitat Conservation Plan (HCP) must be submitted as part of 
    the incidental take permit application by the applicant.
        The San Marcos and Comal Springs Ecosystems are dependent upon 
    adequate springflow from the San Antonio Segment of the Edwards Aquifer 
    to support endangered species and critical habitat, as well as several 
    species proposed for federal listing. The Edwards Aquifer is the sole 
    source of drinking water for over 1.5 million people in the San Antonio 
    Metropolitan Region. Given the growing water use, anticipated for the 
    San Antonio Region, an overall management plan seems necessary to 
    assure the sustained springflow in the two systems.
        Decline of springflow in the two systems will result in ``take'' of 
    listed species and in an appreciable reduction of the value of critical 
    habitat, and an appreciable reduction in the likelihood of survival and 
    recovery of listed species. The Service has estimated minimum 
    springflow for the two
    
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    systems necessary to avoid any of these conditions.
        All parties who either directly withdraw Edwards Aquifer water or 
    who reduce recharge to the aquifer, contribute to diminished 
    springflows. Between late May and August 1996, minimum necessary flows 
    were not sustained in either system, owing to widespread drought 
    conditions and the level of a regional pumpage, particularly during 
    emergency conditions. In August 1996, a Federal Court found that an 
    emergency exists and ordered implementation of emergency measures in 
    accord with the 1996 Emergency Withdrawal Reduction Plan, prepared by 
    the court appointed Monitor.
        Bexar Metropolitan Water District (District) is the second largest 
    water purveyor in Bexar County, Texas and largely dependent upon 
    withdrawals from the Edwards Aquifer.
        The District proposes to adopt a Habitat Conservation Plan 
    consistent with objectives of the approved San Marcos and Comal Springs 
    and Associated Aquatic Ecosystems (Revised) Recovery Plan for the 
    spring associated ecosystems, with the Federal Court ruling, and with 
    Sections 9 and 10 of the Endangered Species Act. The District proposes 
    to reduce its pumpage from the Edwards Aquifer on a pro rata basis to 
    achieve compliance with the Withdrawal Reduction Plan. The District 
    proposes to accomplish this purpose by implementing one or more 
    measures, including but not limited to: development of alternative 
    water resources (ground-water resources, surface water resources, reuse 
    of treated effluents, etc.), landscape management practices 
    (XeriscapeTM, zoned irrigation, designated watering days, etc.); 
    employment of water efficient devices; adoption of policies encouraging 
    conservation; public education; deployment of alternative technologies 
    in intensive water-using industries; other appropriate and effective 
    measures; etc.
        The District also proposes to include a mechanism in its Habitat 
    Conservation Plan, for inclusion of other pumpers (municipal, 
    industrial, commercial, or military) which, acting in concert with the 
    District, meet certain criteria (for example, a target reduction rate 
    in Edwards Aquifer withdrawals) that would be developed and included in 
    the Habitat Conservation Plan and incidental take permit conditions.
        In addition to considering impacts on listed species and their 
    habitat, the EIS must include information on impacts from the proposal 
    and alternatives to the proposal on other components of the human 
    environment. These other components include such things as air and 
    water quality, cultural resources, other fish and wildlife species, 
    social resources, and economic resources.
        The Fish and Wildlife Service is gathering information necessary 
    for the preparation of an EIS. Information such as the following topics 
    that would assist the Service in assessing the impacts of the issuance 
    of an incidental take permit under the provisions of an HCP is being 
    sought: the hydrogeology of the Edwards Aquifer and the effects of 
    aquifer levels on springflows at Comal and San Marcos Springs as they 
    relate to the habitat needs of federally listed species; potential 
    water conservation measures and strategies to reduce the withdrawal 
    demands on the Edwards Aquifer and their effects on springflows; 
    alternate water supplies and their potential effect on reducing Edwards 
    Aquifer water withdrawals and maintaining springflows; effects of 
    aquifer level management and springflow changes on the quality of the 
    human environment; and, any other issues or suggestions that would be 
    relevant toward the Fish and Wildlife Service's review and development 
    of alternatives.
    
    Nancy M. Kaufman,
    Regional Director, Region 2, Albuquerque, New Mexico.
    [FR Doc. 97-722 Filed 1-10-97; 8:45 am]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Published:
01/13/1997
Department:
Interior Department
Entry Type:
Notice
Action:
Notice of Intent to prepare an environmental impact statement and announcement of scoping meeting.
Document Number:
97-722
Dates:
Written comments should be received on or before 1 May 1997. A public hearing for receipt of comments will be held in San Antonio, Bexar County, Texas, Thursday, 13 February 1997.
Pages:
1778-1779 (2 pages)
PDF File:
97-722.pdf