FINAL REPORT As Required by THE ENDANGERED SPECIES PROGRAM TEXAS Grant No. E – 75H -2 Endangered and Threatened Species Conservation Habitat Conservation Planning Assistance for Hays County Regional Habitat Conservation Plan Prepared by: Craig Farquhar Carter Smith Executive Director Clayton Wolf Division Director, Wildlife 9 July, 2010 FINAL REPORT STATE: ____Texas_______________ GRANT NUMBER: ___E – 75H - 2_________ GRANT TITLE: Habitat Conservation Planning Assistance for Hays County Regional Habitat Conservation Plan – Segment 2 REPORTING PERIOD: _1 May 2009 – 30 Apr 2010_ OBJECTIVE(S): To satisfy issuance criteria and complete documentation initiated in Segment 1 of the Hays County RHCP for the conservation of covered terrestrial species in Hays County. Summary Of Progress: Please see Attachment A. Significant Deviations: None. Location: Hays County, Texas Cost: ___A final financial performance report will be submitted separately_________ Prepared by: _Craig Farquhar_ Date: 9 July 2010 Approved by: ______________________________ Date:___9 July 2010________ C. Craig Farquhar, Ph. D. ATTACHMENT A MEMORANDUM DATE: July 8, 2010 TO: Jeff Hauff Hays County Grants Administrator FROM: Clifton Ladd and Amanda Aurora SUBJECT: Final grant report on Hays County HCP Accomplishments Task 1. Revise the submitted March 4, 2009 Draft Hays County RHCP based on post-submittal USFWS comments and work with the USFWS to complete a final draft RHCP. The USFWS provided comments on the Fourth Draft RHCP on April 21, 2009. Representatives of the County and USFWS worked from May 1 through September 25, 2009 through numerous meetings and by email and telephone to resolve all outstanding issues. The Sept. 28, 2009 Final Draft RHCP was accepted by the USFWS on October 8, 2009. Task 2. Assist the USFWS as requested to revise the draft EIS supporting the Hays County RHCP in preparation for further review and processing by the USFWS. The County submitted a Preliminary Draft EIS to USFWS with the Fourth Draft RHCP on March 31, 2009. Representatives of the County and USFWS worked through numerous meetings and by email and telephone through October 2009. The USFWS accepted the document as the Draft EIS on October 14, 2009. Task 3. Assist the USFWS as requested with preparation of notices, materials, and public meetings related to the ESA, NEPA, and relevant state law regarding the development of regional habitat conservation plans. The Notice of Availability and Public Hearing were published in the Federal Register on November 2, 2009. A Public Hearing on the draft RHCP and Draft EIS was held on November 18, 2009 at the San Marcos Activity Center (San Marcos, TX), which also met the requirements for a public hearing under state law. Task 4. Revise the final draft RHCP as needed based on comments received during the NEPA process to prepare a Final Hays County RHCP. County representatives submitted a summary of the comments received on the final draft RHCP the responses to those comments to the USFWS on March 15, 2010. Task 5. Assist the USFWS as requested to revise the draft EIS based on comments received during the NEPA process to prepare a Final EIS supporting the Hays County RHCP. The US Environmental Protection Agency (EPA) Dallas regional office requested an extension of the comment period until February 11, 2010, and the USFWS agreed to the extension. The EPA sent a letter dated February 8, 2010 indicating “Lack of Objection” on the Draft EIS. Three public comments were received during the comment period. County representatives submitted a summary of the comments received on the Draft EIS and the responses to those comments to the USFWS on March 15, 2010. Task 6. Assist the USFWS as requested with the preparation of other documents needed to complete issuance of the requested incidental take permit. Representatives of the County requested instructions from the USFWS regarding preparation of other documents (December 1, 2009). The USFWS indicated it would not need any assistance preparing other documents. Task 7. Provide the final report to TPWD 90 days after USFWS issuance of the incidental take permit to the County. The County is currently (June 30, 2010) awaiting final action by the USFWS, anticipating issuance of the permit by the end of July 2010. H:\Enviro_Projects\Hays_Co_HCP_(051001)\_Project_Mngmt\TPWD_Interim_Reports\Hays_Co_RHCP_final_report_20100708_D RAFT.doc Billing Code: 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS–R2–ES–2010-N173] [20124-1112-0000-F2] Regional Habitat Conservation Plan, Hays County, Texas AGENCY: Fish and Wildlife Service, Department of the Interior. ACTION: Notice of availability of final environmental impact statement, final Hays County regional habitat conservation plan, and draft record of decision. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), make available the final environmental impact statement (EIS), the final Hays County regional habitat conservation plan (RHCP) under the National Environmental Policy Act of 1969 (NEPA), and our draft record of decision (ROD). Our intended action is the issuance of a 30-year incidental take permit (ITP) for the Preferred Alternative (described below) under the Endangered Species Act of 1973, as amended (ESA), to Hays County, Texas (the County), to incidentally take golden-cheeked 1 2 warbler (Dendroica chrysoparia) and black-capped vireo (Vireo atricapilla). Under the RHCP, the County will mitigate for take by establishing a preserve system of 10,000 – 15,000 acres to mitigate for incidental take of covered species. Each preserve acquisition will be subject to Service approval and will generate mitigation credits based on the number of acres and quality of potential occupied habitat for the covered species. DATES: We will issue a ROD and make a final permit decision no sooner than 30 days after publication of this notice. Comments on the final EIS and RHCP will be accepted for 30 days after publication of this notice. ADDRESSES: For where to review documents and submit comments see Reviewing Documents and Submitting Comments in SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Mr. Adam Zerrenner, Field Supervisor, Austin Ecological Services Field Office, 10711 Burnet Road, Suite 200, Austin, TX 78758; telephone 512/490-0057. SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Hays County final environmental impact statement; final regional habitat conservation plan, which we developed in compliance with the agency decision- making requirements of the National Environmental Policy Act (NEPA) of 1969, as amended; 3 and our record of decision,. We intend to implement the preferred alternative, which is implementation of the RHCP. We have described all alternatives in detail, and evaluated and analyzed them in our May 2010 final EIS and the final RHCP. Based on our review of the alternatives and their environmental consequences as described in our final EIS, we intend to implement the preferred alternative (the proposed action). The selected proposed action is the issuance of a section 10(a)(l)(B) incidental take permit (ITP) to Hays County, Texas (the County), for incidental take of golden-cheeked warbler (Dendroica chrysoparia) and black-capped vireo (Vireo atricapilla). We refer to both species collectively as "the covered species." The term of the permit is 30 years (2011-2041). The County will implement mitigation and minimization measures according to the schedule in the RHCP. Under the RHCP, the County will mitigate for take by establishing a preserve system of 10,000 – 15,000 acres to mitigate for incidental take of covered species. Each preserve acquisition will be subject to Service approval and will generate mitigation credits based on the number of acres, and quality, of potential occupied habitat for the covered species. The number of mitigation credits allowed for each preserve will be based on, and commensurate with, Service policy and guidelines regarding mitigation (such as, but not limited to, the Guidance for the Establishment, Use, and Operation of Conservation Banks) in order to ensure that the quality of the mitigation is equal to or greater than the quality of the habitat impacted. Background 4 The County applied to us for an ITP. As part of the permit application, the County developed and will implement the RHCP to meet the requirements of an ITP. Our issuance of an ITP would allow the County to take the covered species resulting from proposed construction, use, or maintenance of public or private land development projects; construction, maintenance, or improvement of transportation infrastructure; installation or maintenance of utility infrastructure; construction, use, or maintenance of institutional projects or public infrastructure; and management activities within Hays County, Texas, during the 30 year ITP term. The Secretary of the Interior has delegated the authority to the Service to approve or deny an ITP in accordance with the ESA. To act on the County's permit application, we must determine that the RHCP meets the approval criteria specified in the ESA, including our regulations in the Code of Federal Regulations (CFR) at 50 CFR 17.22 and 17.32. The issuance of an ITP is a Federal action subject to NEPA compliance, including the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of the NEPA (40 CFR 1500-1508). On November 2, 2009, we issued a draft EIS and requested public comment on our evaluation of the potential impacts associated with issuance of an ITP for implementation of the RHCP and to evaluate alternatives, along with the draft RHCP (74 FR 56655). We included public comments and responses associated with the Draft EIS and Draft RHCP in an appendix to the final EIS. Purpose and Need 5 The purpose of the section 10(a)(l)(B) permit is to authorize incidental take associated with the otherwise legal activities listed in the background section. We identified key issues and relevant factors through public scoping and also through working with a Citizens Advisory Committee; Biological Advisory Team; and comments from the public.