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Final Habitat Conservation Plan for Maintenance and Construction Activities for the Oncor Electric Delivery Company LLC

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Final Habitat Conservation Plan for Maintenance and Construction Activities for the Oncor Electric Delivery Company LLC Final Habitat Conservation Plan for Maintenance and Construction Activities for the Oncor Electric Delivery Company LLC FINAL HABITAT CONSERVATION PLAN FOR MAINTENANCE AND CONSTRUCTION ACTIVITIES FOR THE ONCOR ELECTRIC DELIVERY COMPANY LLC Prepared for: Oncor Electric Delivery Company LLC 1616 Woodall Rogers Freeway Dallas, Texas 75201 Prepared by: Atkins 6504 Bridge Point Parkway Suite 200 Austin, Texas 78730 December 2011 Final Habitat Conservation Plan for Maintenance and Construction Activities for the Oncor Electric Delivery Company LLC Type of Action: Administrative Lead Agency: U.S. Department of Interior, Fish and Wildlife Service Responsible Official: Adam Zerrenner Field Supervisor U.S. Fish and Wildlife Service 10711 Burnet Road, Suite 200 Austin, Texas 78758 For Information: Christina Williams U.S. Fish and Wildlife Service 10711 Burnet Road, Suite 200 Austin, Texas 78758 Abstract: Oncor Electric Delivery Company LLC (Applicant) is applying for an incidental take permit under section 10(a)(1)(B) of the Endangered Species Act of 1973 (ESA), as amended, to authorize incidental take of, or impacts to, 11 threatened or endangered species (covered species). In support of the incidental take permit application, the Applicant has prepared a habitat conservation plan (HCP) requesting a permit covering a 30-year period from the date of issuance. The area to be covered by the HCP consists of the Applicant’s Service Area (101 counties), with the exception of Travis and Williamson counties, which are covered by separate HCPs. In addition to the remaining 99 counties, 1 county that is not currently located in the Applicant’s Service Area has been incorporated because it is currently included in various transmission line routing studies and permitting efforts. These 100 counties are referred to as the proposed Permit Area. The requested permit would authorize incidental take of, or impacts to, the 11 covered species resulting from a variety of activities associated with the maintenance and construction of the Applicant’s electric transmission and distribution facilities (covered activities). Mitigation for the impacts of authorized take would be provided by the conservation program described in the HCP. The HCP proposes use of a variety of avoidance and minimization efforts for construction of new facilities and for operation and maintenance activities. Specific avoidance and minimization measures would be established for each of the covered species, and mitigation measures would be designated as appropriate. For all but one species (whooping crane [Grus americana]), mitigation funds would be 100005805/100191 ii provided by the Applicant if incidental take cannot be avoided. The preferred mitigation would be to purchase credits from a Service-approved conservation bank. If this is not an available option, funds will be paid into accounts managed by a Service-approved third party such as The Nature Conservancy of Texas, The Conservation Fund, and Lady Bird Johnson Wildflower Center. Committees may be set up for each species to determine the best use of the mitigation monies generated by the requested permit for the benefit of that species. Priority would be given to purchase of conservation lands. The third party will be responsible for managing the land in perpetuity and as appropriate for the specified species, as approved by the Service; management costs will be included in the purchase agreement. If purchase of land is not a viable mitigation option (i.e., mitigation funds are not sufficient for purchase of a reasonable amount of land to support the conservation of the species), additional options will be explored to determine the best use of the funds (e.g., habitat enhancement and restoration). The agreement with the third parties will include a Service-approved time limit for spending the mitigation funds. The HCP outlines species-specific uses of these mitigation funds. Mitigation will be in place prior to occurrence of the take (i.e., construction through habitat). For the whooping crane, measures would be implemented to minimize the potential for collision with electric transmission lines. Mitigation for construction of new transmission facilities in areas with high potential for whooping crane presence would include marking existing lines in areas likely to be used by whooping cranes. Existing lines in high potential areas would be marked when lines are out of service for other activities, such as maintenance and repair. The Applicant has the financial capability to ensure proper planning, management, and completion of the mitigation proposals described in this HCP. Thus, the Applicant would fund the proposed avoidance, minimization, and conservation measures, and habitat mitigation costs. The conservation credits and conservation land will be purchased, or the mitigation funds provided and used, prior to any clearing or construction activities within identified habitat of any of the covered species. 100005805/100191 iii Contents Page Abstract ................................................................................................................................................... ii List of Figures .......................................................................................................................................... x List of Tables ...........................................................................................................................................xi Executive Summary ................................................................................................................................ xii 1.0 BACKGROUND ..................................................................................................................................... 1-1 1.1 INTRODUCTION, AUTHORITY, AND PROPOSED ACTION ..................................................... 1-1 1.2 PURPOSE AND NEED ................................................................................................................ 1-1 1.3 PROJECT HISTORY ................................................................................................................... 1-2 1.4 REGULATORY FRAMEWORK ................................................................................................... 1-4 1.4.1 Endangered Species Act ............................................................................................. 1-4 1.4.1.1 Benefits of an Incidental Take Permit and HCP ..................................... 1-5 1.4.2 National Environmental Policy Act ............................................................................... 1-6 1.4.3 The Public Utility Commission of Texas ....................................................................... 1-6 1.5 PROPOSED PERMIT AREA ....................................................................................................... 1-7 1.6 PERMIT DURATION .................................................................................................................... 1-9 2.0 ALTERNATIVES .................................................................................................................................... 2-1 2.1 INTRODUCTION.......................................................................................................................... 2-1 2.2 ALTERNATIVE 1: HCP WITH 30-YEAR PERMIT DURATION (PREFERRED ALTERNATIVE) ........................................................................................................................... 2-1 2.3 ALTERNATIVES CONSIDERED BUT NOT ADOPTED ............................................................. 2-3 2.3.1 No-Action Alternative: Project-based Coordination ...................................................... 2-4 2.3.2 Alternative 2: HCP with 50-year Duration ..................................................................... 2-5 3.0 SPECIES OF CONCERN IN THE PERMIT AREA ................................................................................ 3-1 3.1 EVALUATION OF SPECIES ........................................................................................................ 3-1 3.2 COVERED SPECIES ................................................................................................................... 3-6 3.2.1 Plants ........................................................................................................................... 3-7 3.2.1.1 Large-Fruited Sand Verbena (Abronia macrocarpa) .............................. 3-7 3.2.1.2 Texas Poppy-Mallow (Callirhoe scabriuscula)........................................ 3-8 3.2.1.3 Navasota Ladies’-Tresses (Spiranthes parksii) .................................... 3-12 3.2.1.4 Pecos Sunflower (Helianthus paradoxus) ............................................ 3-14 3.2.2 Invertebrates .............................................................................................................. 3-17 3.2.2.1 American Burying Beetle (Nicrophorus americanus)............................ 3-17 3.2.3 Amphibians ................................................................................................................ 3-18 3.2.3.1 Houston Toad (Bufo houstonensis) ...................................................... 3-18 3.2.4 Birds ........................................................................................................................... 3-23 3.2.4.1 Whooping Crane (Grus americana) ..................................................... 3-23 3.2.4.2 Golden-Cheeked Warbler (Dendroica chrysoparia) ............................
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