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Draft Habitat Conservation Plan for Maintenance and Construction Activities for the Oncor Electric Delivery Company, Llc

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Draft Habitat Conservation Plan for Maintenance and Construction Activities for the Oncor Electric Delivery Company, Llc DRAFT HABITAT CONSERVATION PLAN FOR MAINTENANCE AND CONSTRUCTION ACTIVITIES FOR THE ONCOR ELECTRIC DELIVERY COMPANY, LLC Prepared for: Oncor Electric Delivery Company, LLC Energy Plaza 1601 Bryan Street Dallas, Texas 75201 Prepared by: Atkins, formerly PBS&J 6504 Bridge Point Parkway Suite 200 Austin, Texas 78730 July 2011 DRAFT 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 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 proposed 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 they are 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 for 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. These mitigation funds will be used to purchase mitigation credits from a Service-approved conservation bank or paid into accounts managed by a Service-approved third party such as The Nature Conservancy of Texas, Conservation Fund, and Lady Bird Johnson Wildflower Center. Committees would be set up for each species to determine how best to use the mitigation monies generated by the requested permit for the benefit of that species. A Service- approved time limit for spending the mitigation funds will be established. Potential uses include land acquisition and management, habitat management, and, to offset temporary take, research or monitoring. Any habitat that is acquired as result of these funds will be managed and protected for the applicable species in perpetuity. 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 proposal as described in this HCP. Thus, the Applicant would fund the proposed avoidance and minimization measures, best management practices, and habitat mitigation costs. Within reason, the Applicant would complete negotiations, finalize all necessary agreements, and provide the mitigation costs prior to any significant clearing or construction activities in identified known or potential habitat with assumed presence. In the event that these agreements cannot be reasonably completed prior to the desired clearing and construction activities, the Applicant will arrange for an unconditional, irrevocable stand-by letter of credit to be issued to the Service by a nationally recognized banking institution in the amount of the expected mitigation cost to provide funding assurance. 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 ............................................................................................................................... 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 ................................................................................... 1-5 1.5 PROPOSED PERMIT AREA ............................................................................................................ 1-6 1.6 PERMIT DURATION ......................................................................................................................... 1-8 2.0 ALTERNATIVES ....................................................................................................................................... 2-1 2.1 INTRODUCTION ............................................................................................................................... 2-1 2.2 ALTERNATIVE 1: PROPOSED HCP WITH 30-YEAR PERMIT DURATION (PREFERRED ALTERNATIVE) ....................................................................................................... 2-1 2.3 ALTERNATIVES CONSIDERED BUT NOT ADOPTED ................................................................ 2-2 2.3.1 No-Action Alternative: Project-based Consultation ......................................................... 2-4 2.3.2 Alternative 2: Proposed 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 ........................................................................................................................ 3-4 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) .............................. 3-27 3.2.4.3 Black-Capped Vireo (Vireo atricapilla) .................................................... 3-31 3.2.4.4 Red-Cockaded Woodpecker (Picoides borealis) ................................... 3-35
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