Final Final November 13, 2015 Bowman Project No
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FINAL FINAL NOVEMBER 13, 2015 BOWMAN PROJECT NO. 005520-01-001 SOUTHERN EDWARDS PLATEAU HABITAT CONSERVATION PLAN PREPARED FOR COUNTY OF BEXAR INFRASTRUCTURE SERVICES DEPARTMENT 233 N. PECOS, SUITE 420 SAN ANTONIO, TX 78207 PREPARED BY BOWMAN CONSULTING GROUP, LTD. 3101 BEE CAVE ROAD, SUITE 100 AUSTIN, TX 78746 WITH JACKSON WALKER LLP ZARA ENVIRONMENTAL, LLC WENDELL DAVIS AND ASSOCIATES M.E. ALLISON & ASSOCIATES FINAL SOUTHERN EDWARDS PLATEAU HABITAT CONSERVATION PLAN BOWMAN © 2015 PROJECT NO. 005520-01-001 EXECUTIVE SUMMARY WHAT IS THE SOUTHERN EDWARDS PLATEAU HABITAT CONSERVATION PLAN? The Southern Edwards Plateau Habitat Conservation Plan (“SEP-HCP” or the “Plan”) is a way for Bexar County and the City of San Antonio (the “Permittees”) to assist with compliance of the Endangered Species Act. These compliance issues threaten the economic growth of the greater San Antonio region. The purposes of the SEP-HCP are to: (1) Promote regional conservation; (2) Provide support for Camp Bullis; (3) Involve local stakeholders in conservation planning; (4) Streamline endangered species permitting; (5) Implement locally appropriate and cost-effective permitting and conservation strategies; and (6) Leverage available resources. Upon approval of the SEP-HCP by the U.S. Fish and Wildlife Service (the “Service”), a 30-year Incidental Take Permit (ITP) under section 10(a)(1)(B) of the Endangered Species Act (“ESA”) would be issued. The Permit would authorize a limited amount of “incidental taking” of nine federally listed endangered species (the “Covered Species”) within the jurisdictions of Bexar County and the City of San Antonio. In return, the SEP-HCP will promote the conservation of the Covered Species and related natural resources in Bexar County and other counties of the Southern Edwards Plateau. This 7-county region is the SEP-HCP “Plan Area.” WHAT SPECIES ARE ADDRESSED BY THE SEP-HCP? The Covered Species include the following nine federally listed endangered species: Golden-cheeked Warbler1 (Setophaga chrysoparia, “GCW”) Black-capped Vireo (Vireo atricapilla, “BCV”) Covered Karst Invertebrates: o Government Canyon Bat Cave Spider (Neoleptoneta microps) o Madla Cave Meshweaver (Cicurina madla) o Braken Cave Meshweaver (Cicurina venii) o Government Canyon Bat Cave Meshweaver (Cicurina vespera) o Rhadine exilis (a beetle with no common name) o Rhadine infernalis (a beetle with no common name) o Helotes Mold Beetle (Batrisodes venyivi) HOW MUCH IMPACT TO THE COVERED SPECIES WOULD BE AUTHORIZED? Future land use changes over the next 30 years, such as development or construction activities, are expected to cause the loss and/or degradation of habitat for the Covered Species. The SEP-HCP is designed to offset the impacts associated with up to 9,371 acres of GCW habitat loss, 2,640 acres of BCV habitat loss, and 21,086 acres of development activity over potential habitat for the Covered Karst Invertebrates (i.e., the level of requested incidental take authorization). 1 The North American Checklist Committee of the American Ornithologist’s Union (AOU) published a change to the scientific name of the GCW in the 52nd Supplement to the AOU Checklist of North American Birds (Chesser et al. 2011). The scientific name for the GCW was changed from Dendroica chrysoparia to Setophaga chrysoparia. FINAL 11/13/2015 PAGE i FINAL SOUTHERN EDWARDS PLATEAU HABITAT CONSERVATION PLAN BOWMAN © 2015 PROJECT NO. 005520-01-001 This level of incidental take authorization represents approximately 50 percent of the projected habitat losses for the GCW and BCV and approximately 20 percent of the projected impacts to potential habitat for the Covered Karst Invertebrates within Bexar County or the City of San Antonio for the next 30 years. WHO MAY USE THE SEP-HCP? Landowners, developers, Bexar County, the City of San Antonio, and others conducting non- federal activities within the jurisdictions of Bexar County or the City of San Antonio (excluding any portion of Comal County) may be eligible to achieve ESA compliance through the Plan. Those that complete the enrollment process become SEP-HCP “Participants.” Participation in the SEP-HCP will be a completely voluntary process and other options for ESA compliance are available. Potential Participants (or “Applicants”) wishing to obtain ESA compliance through the SEP-HCP submit an application to the Permittees. The application requires the submittal of biological information pertaining to the Covered Species within, and to the extent reasonably available, adjacent to the Applicant’s project area (the “Enrolled Property”). The SEP-HCP will apply a pre-determined set of impact and mitigation formulas to determine the fees needed to offset anticipated direct and indirect impacts to the Covered Species. Applicants that provide the assessed fees (or provide acceptable preserve land in lieu of fees), complete the enrollment process, and abide by the terms and conditions of their Participation Agreements may rely on the regulatory assurances provided by the SEP-HCP’s ITP. WHAT ARE THE MINIMIZATION AND MITIGATION REQUIREMENTS FOR THE GCW AND BCV? Direct Impacts are generally assumed to apply to all areas of GCW or BCV habitat within the boundaries of an Enrolled Property and will be assessed two acres of mitigation for each acre of impact (a 2:1 mitigation ratio) (see Section 3.2.3 for additional information). Indirect Impacts are generally assumed to apply to all areas of GCW or BCV habitat within 300 feet outside of the boundaries of an Enrolled Property and will be assessed one-half acre of mitigation for each acre of impact (a 0.5:1 mitigation ratio) (see Section 3.2.3 for additional information). Initial mitigation fee is anticipated to be $4,000 per acre of mitigation (i.e., $8,000 per acre of direct impact) or, under certain circumstances, may provide acceptable preserve land in lieu of fees. Fees are subject to change with appropriate notice by the Permittees. Enrolled Participants will also be required to comply with seasonal clearing and construction limitations and oak wilt prevention measures within their Enrolled Property. WHAT ARE THE MINIMIZATION AND MITIGATION REQUIREMENTS FOR THE COVERED KARST INVERTEBRATES? Avoidance of occupied karst features by establishing a 750-ft no-disturbance buffer generally2 around the feature entrance (approximately 40 acres; the “Occupied Cave Zone”) until certain 2 The Permittees will work with willing Participants in designing the Occupied Cave Zone to minimize impacts and maximize conservation of the karst feature(s). FINAL 11/13/2015 PAGE ii FINAL SOUTHERN EDWARDS PLATEAU HABITAT CONSERVATION PLAN BOWMAN © 2015 PROJECT NO. 005520-01-001 Conservation Baselines are achieved. The Conservation Baselines are derived from the Service’s recovery standards for downlisting each of the Covered Karst Invertebrates. The SEP-HCP will not offer karst Participation Agreements until the Permittees have secured some level of up-front mitigation for each of the Covered Karst Invertebrates (see Section 4.5.3 for more details). The level and type of mitigation obtained for each species will likely vary (see Section 7.0 for more detail). The Permittees will work with the Service in determining when the appropriate level of up-front mitigation has occurred. Avoidance of Service-designated Critical Habitat unless the Service determines, on a case-by- case basis, that Applicant activities will not adversely modify such habitat. If access to an Occupied Cave Zone is allowed, Applicants will be assessed a flat fee to conduct activities within the zone. Initial mitigation fee is anticipated to be as follows: - Occupied Cave Zone B (750 – 345 ft from entrance) = $40,000 - Occupied Cave Zone A (345 – 0 ft from entrance) = $400,000 - Applicants may also provide acceptable preserve land in lieu of fees - Fees are subject to change with appropriate notice by the Permittees. Within an Enrolled Property, impacts to Covered Species within karst features discovered during construction will be automatically covered for incidental take if certain procedures are followed. Participants will not be required to provide any additional mitigation or engage in any additional consultation with the Permittees or the Service. WHAT CONSERVATION MEASURES WILL THE SEP-HCP IMPLEMENT? The Permittees will use collected mitigation fees, available non-federal grants, and public funds to acquire lands or perpetual conservation easements on properties within the 7-county Plan Area that meet certain design criteria and help achieve the biological goals and objectives of the Plan. The acquisitions of these real property interests will only be from willing landowners that voluntarily agree to convey such interests. Conservation actions must be completed before a corresponding amount of participation can be allowed to occur through the Plan. At full implementation, the SEP-HCP preserve system would include: A minimum of 23,430 acres of GCW preserve lands; A minimum of 6,600 acres of BCV preserve lands; and A minimum of 1,000 acres of preserve lands for the Covered Karst Invertebrates. The SEP-HCP includes measures for adaptive management and monitoring of the preserve lands in perpetuity. The SEP-HCP also provides for research on the Covered Species and includes education and outreach programs. The SEP-HCP conservation program also seeks to improve the status of several other “Voluntarily Conserved Species” that may share similar habitats as the Covered Species. HOW MUCH WILL THE SEP-HCP COST AND HOW WILL THESE COSTS BE COVERED? The total estimated cost to implement the SEP-HCP over 30 years, assuming the Plan is fully implemented at an even rate and costs inflate by 3 percent per year, is approximately $299.5 million. FINAL 11/13/2015 PAGE iii FINAL SOUTHERN EDWARDS PLATEAU HABITAT CONSERVATION PLAN BOWMAN © 2015 PROJECT NO. 005520-01-001 Approximately 57 percent of the costs are related to the purchase of the preserve system and another 38 percent of the costs are related to the management and monitoring of the preserve system (including the creation of a non-wasting management endowment).