Draft Environmental Impact Statement

DES #12-29 DRAFT ENVIRONMENTAL IMPACT STATEMENT Edwards Aquifer Recovery Implementation Program Habitat Conservation Plan U.S. Department of the Interior Fish and Wildlife Service June 2012 DES #12-29 DRAFT ENVIRONMENTAL IMPACT STATEMENT Edwards Aquifer Recovery Implementation Program Habitat Conservation Plan U.S. Department of the Interior U.S. Fish and Wildlife Service June 2012 DES #12-29 Cover Sheet COVER SHEET Draft Environmental Impact Statement (DEIS) for Authorization of Incidental Take and Implementation of the Habitat Conservation Plan Developed by the Edwards Aquifer Recovery Implementation Program Lead Agency: U.S. Department of the Interior United States Fish and Wildlife Service Type of Statement: Draft Environmental Impact Statement Responsible Official: Adam Zerrenner Field Supervisor U.S. Fish and Wildlife Service Austin Ecological Services Field Office 10711 Burnet Road, Suite 200 Austin, Texas Tel: 512-490-0057 For Information: Tanya Sommer Branch Chief U.S. Fish and Wildlife Service Austin Ecological Services Field Office 10711 Burnet Road, Suite 200 Austin, Texas Tel: 512-490-0057 The U.S. Fish and Wildlife Service (Service) received an application from the Edwards Aquifer Authority (EAA), San Antonio Water System, City of New Braunfels, City of San Marcos, and Texas State University for a permit to take certain federally protected species incidental to otherwise lawful activities pursuant to Section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA). This Draft Environmental Impact Statement (DEIS) addresses the potential environmental consequences that may occur if the application is approved and the HCP is implemented. The Service is the lead agency under the National Environmental Policy Act (NEPA). The incidental take permit (ITP) would authorize incidental take of covered species associated with aquatic habitats within the EAA’s jurisdictional boundary; including the San Marcos Springs Complex, Spring Lake, and the San Marcos River (in Hays County); the Comal Springs Complex, and the Comal River (in Comal County); and the Guadalupe River (from the confluence with the Comal River downstream to the EAA jurisdictional boundary). Species proposed for coverage under the ITP include the endangered fountain darter (Etheostoma fonticola), San Marcos gambusia (Gambusia georgei), Comal Springs riffle beetle (Heterelmis comalensis), Comal Springs dryopid beetle (Stygoparnus comalensis), Peck’s Cave amphipod Draft Environmental Impact Statement CS-i DES #12-29 Cover Sheet (Stygobromus pecki), Texas blind salamander (Eurycea rathbuni), Texas wild-rice (Zizania texana); the threatened San Marcos salamander (Eurycea nana); and three species that have been petitioned for listing, the Comal Springs salamander (Eurycea sp.), Edwards Aquifer diving beetle (Haideoporus texanus), and Texas troglobitic water slater (Lirceolus smithii). As part of the ITP process, the Edwards Aquifer Recovery Implementation Program has prepared a Habitat Conservation Plan (HCP) that specifies what biological impacts are likely to result from the taking of the covered species and the measures the Applicants will undertake to avoid, minimize, and mitigate such impacts; how the HCP will be funded; and what alternatives to the taking were considered by the Applicants. The proposed term of the permit is 15 years. The DEIS examines the environmental effects of the Service’s approval of the proposed permit and implementation of the HCP (the Proposed Action), and the environmental effects of three alternatives to the proposed action. These alternatives include No Action, a regional permit incorporating an expanded Aquifer Storage and Recovery System in conjunction with more restrictions on authorized pumping, and an alternative that ensures recommended minimum springflows solely through aquifer pumping restrictions. The No Action alternative would potentially have the lowest economic impacts to the region but the greatest adverse environmental effects to the covered species of the alternatives considered. The Proposed Action addresses the needs of the covered species while minimizing impacts to the regional economy and is the preferred alternative. Alternatives 3 and 4 would conserve the covered species but would result in greater impacts to the regional economy. Comments on the DEIS are due 90 days from the date the notice of availability is published in the Federal Register. They should be sent to the Service at the address listed above. CS-ii Edwards Aquifer Recovery Implementation Program DES #12-29 EXECUTIVE SUMMARY TERMS AND ACRONYMS ACT – Antiquities Code of Texas NHPA – National Historic Preservation Act AM – Adaptive Management NRHP – National Register of Historic Places AMP – Adaptive Management Program NOI – Notice of Intent ASR – aquifer storage and recovery NRI – Nationwide Rivers Inventory BMP(s) – best management practice(s) OCR – off-channel reservoir BWL – Bad Water Line PCBs – Polychlorinated Biphenyls CAA – Clean Air Act PCE – tetrachloroethene CCSP – U.S. Climate Change Science Program RM – Ranch to Market Road CEQ – Council on Environmental Quality RWCP – Regional Water Conservation Program CFR – Code of Federal Regulations SALs – State Archeological Landmarks CFU – colony-forming units SAWS – San Antonio Water System CNB – City of New Braunfels SB 3 – Senate Bill 3 CPM – Critical Period Management SCTRWPG – South Central Texas Regional Water CSM – City of San Marcos Planning Group DEIS – Draft Environmental Impact Statement SCUBA – Self-contained Underwater Breathing DHHS – Department of Health and Human Services Apparatus DOR – drought of record Service – U.S. Fish and Wildlife Service EAA – Edwards Aquifer Authority (the Authority) SH –Texas State Highway EARIP – Edwards Aquifer Recovery Implementation SHPO – State Historic Preservation Officer Program SSA – Sole Source Aquifer EDF – Environmental Defense Fund STIR – State of Texas Integrated Report EIS – environmental impact statement SVOCs – Semi-Volatile Organic Compounds ERPA – Environmental Restoration and Protection TAG – Technical Advisory Group Area TCE – trichloroethene ESA – Endangered Species Act TCEQ – Texas Commission on Environmental Quality FR – Federal Register TDS – total dissolved solids GBRA – Guadalupe-Blanco River Authority THC – Texas Historic Commission GCSNA – Government Canyon State Natural Area TPWD – Texas Parks and Wildlife Department GHG – Green House Gas TSDC – Texas State Data Center HCP – Habitat Conservation Plan TSU – Texas State University IA – Implementing Agreement TSWQS – Texas Surface Water Quality Standards IH – Interstate Highway TWC – Texas Workforce Commission IPCC – Intergovernmental Panel on Climate Change TWDB – Texas Water Development Board IPM – Integrated Pest Management TxDOT – Texas Department of Transportation ISD – Independent School District US – U.S. Route ITP – Incidental Take Permit USACE – U.S. Army Corps of Engineers LID – Low Impact Development USDI – U.S. Department of the Interior MCLs – maximum contaminant levels USEPA – U.S. Environmental Protection Agency MSA – Metropolitan Statistical Area VISPO – Voluntary Irrigation Suspension Program msl – mean sea level Option NAAQS – National Ambient Air Quality Standards VOCs – Volatile Organic Compounds NCDC – U.S. Historical Climate Network of the WORD – Water Oriented Recreation District of Comal National Climatic Data Center County NEPA – National Environmental Policy Act WRIP – Water Resources Integrated Pipeline NGOs – non-governmental organizations DES #12-29 Executive Summary EXECUTIVE SUMMARY ES.1 INTRODUCTION On January 6, 2012, the U.S. Fish and Wildlife Service (Service) received an Incidental Take Permit (ITP) application from the Edwards Aquifer Authority (EAA), San Antonio Water System (SAWS), City of New Braunfels (CNB), City of San Marcos (CSM), and Texas State University (TSU) at San Marcos, hereinafter referred to as the “Applicants,” in accordance with Section 10(a)(1)(B) of the Endangered Species Act (ESA) of 1973, as amended. The Applicants seek issuance of an ITP that would permit the incidental take of covered species resulting from otherwise lawful activities including the regulation and production of groundwater in accordance with state law for irrigation, industrial, municipal, domestic, and livestock purposes; the use of instream flows in the Comal River and San Marcos River for recreational uses; and other operational and maintenance activities that could affect Comal Springs, San Marcos Springs, and the associated river systems. The requested term of the ITP is 15 years. A stakeholder-driven collaborative effort known as the Edwards Aquifer Recovery Implementation Program (EARIP) prepared a Habitat Conservation Plan (HCP) that describes the impacts likely to result from the taking; the steps the Applicants will take to minimize and mitigate such impacts including how these actions will be funded; and alternatives to the taking that the Applicants considered. The HCP proposes actions to manage the Edwards Aquifer and conserve the spring ecosystems and associated habitats for eleven species listed as threatened or endangered, or that could be listed in the future. These species, collectively referred to as the “covered species,” include the endangered fountain darter (Etheostoma fonticola), San Marcos gambusia (Gambusia georgei), Texas blind salamander (Eurycea rathbuni), Peck’s Cave amphipod (Stygobromus pecki), Comal Springs dryopid beetle (Stygoparnus comalensis), Comal Springs riffle beetle (Heterelmis comalensis),

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