Draft Environmental Impact Statement
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DRAFT ENVIRONMENTAL IMPACT STATEMENT AUTHORIZATION OF INCIDENTAL TAKE AND IMPLEMENTATION OF THE BARTON SPRINGS/ EDWARDS AQUIFER CONSERVATION DISTRICT HABITAT CONSERVATION PLAN U.S. Department of the Interior U.S. Fish and Wildlife Service Austin Blind Salamander June 2017 Photo courtesy David M. Hillis. Barton Springs Salamander Photo courtesy Dee Ann Chamberlain. DRAFT ENVIRONMENTAL IMPACT STATEMENT AUTHORIZATION OF INCIDENTAL TAKE AND IMPLEMENTATION OF THE BARTON SPRINGS/EDWARDS AQUIFER CONSERVATION DISTRICT HABITAT CONSERVATION PLAN Prepared for: U.S. Department of the Interior U.S. Fish and Wildlife Service Prepared by: Hicks & Company 1504 West Fifth Street Austin, Texas 78703 June 2017 Cover Sheet Cover Sheet Draft Environmental Impact Statement (dEIS) for Authorization of Incidental Take and Implementation of the Barton Springs/Edwards Aquifer Conservation District Habitat Conser- vation Plan (HCP) for the Barton Springs salamander (Eurycea sosorum) and the Austin blind salamander (Eurycea waterlooensis). Lead Agency:U.S. Department of the Interior U.S. Fish and Wildlife Service Type of Statement:Draft Environmental Impact Statement Responsible Official: Adam Zerrenner Field Supervisor U.S. Fish and Wildlife Service Ecological Services Field Office 10711 Burnet Road, Suite 200 Austin, Texas 78758 Tel: 512.490.0057 For Information: Tanya Sommer Branch Chief U.S. Fish and Wildlife Service Ecological Services Field Office 10711 Burnet Road, Suite 200 Austin, Texas 78758 Tel: 512.490.0057 The U.S. Fish and Wildlife Service (the Service) received an application from the Barton Springs/Edwards Aquifer Conservation District (District) 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 dEIS addresses the potential environ- mental 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 provide exceptions to the prohibitions of take for two Covered Species, the Barton Springs salamander and Austin blind salamander, arising from permitted pumping authorized by the District throughout the District’s jurisdictional area that in turn reduces springflow at the natural outlets of the Barton Springs system. CS-1 June 2017 Cover sheet As part of the ITP process, the District prepared an HCP that specifies what biological impacts are likely to result from the taking of the Covered Species and the measures that the District will undertake to avoid, minimize, and mitigate such impacts; how the HCP will be funded; and what alternatives to the taking were considered. The proposed term of the permit is 20 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 other alternatives to the proposed action. The alternatives are: 1) No Action; 2) issuance of an ITP for permitted pumping under the District HCP (proposed action); 3) water demand reduc- tion; and 4) water supply augmentation and substitution. The Proposed Action (Alternative 2) would have the lowest economic impacts to the region, but would have potentially higher biological impacts to the Covered Species during Drought of Record (DOR) conditions than Alternative 1 (No Action), Alternative 3 (Water Demand Reduction), and Alternative 4 (Water Supply Augmentation and Substitution). Alternatives 1, 3, and 4 would provide greater protection to the Covered Species, but would result in high impacts to the regional economy. The proposed action would provide mitigation measures for the Covered Species, afford coverage under an ITP, and is the most balanced alternative in consideration of biological benefits, economic costs, and the existing regulatory and political environment. Therefore, it was selected as the preferred alternative. CS-2 June 2017 Draft Environmental Impact Statement Issuance of BSEACD Incidental Take Permit Executive Summary Executive Summary ES 1.0 Background This Draft Environmental Impact Statement (dEIS) describes the potential impacts of the issuance of a proposed Incidental Take Permit (Permit, ITP) to the Barton Springs/Edwards Aquifer Conservation District (District). The District created a Habitat Conservation Plan (HCP) that proposes actions to minimize and mitigate unavoidable incidental take of the endangered Barton Springs salamander (Eurycea sosorum) and Austin blind salamander (Eurycea waterlooensis) (the “Covered Species”). The District submitted the HCP to the U.S. Fish and Wildlife Service (Service) as part of an application for a Permit under Section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended, 16 U.S.C. § 1531, et seq. (ESA). The requested Permit would provide exceptions to the prohibitions of take of the Covered Species that may result from specific otherwise lawful activities (the “Covered Activities”) for a period of 20 years. The Covered Activities include pumping withdrawals from the Barton Springs segment of the Edwards Aquifer (Aquifer) implemented, authorized, or permitted by the District in portions of Travis and Hays Counties in central Texas. ES 2.0 Purpose and Need for Action The purpose of providing the requested Permit to the District is to authorize incidental take of the Barton Springs salamander and Austin blind salamander that may occur from District-permitted Aquifer pumping under implementation of the HCP. The need for this action is for the Service to provide a mechanism for the District to avoid violations of the ESA, to minimize and mitigate the effects of its actions to the maximum extent practicable, while providing adequate funding to protect the two covered salamander species. Approval of the HCP by the Service and the District’s assurance that the HCP will be implemented as written are among several requisites that must be met for issuance of the Permit. The purposes of the HCP are to avoid, minimize, and mitigate any incidental take that occurs from Aquifer pumping under Aquifer management strategies implemented by the District pursuant to its statutory mandate to provide for the conservation, preservation, and protection of groundwater resources of all aquifers in its jurisdictional area. ES 3.0 dEIS Alternatives Evaluated Four alternatives were selected for analysis in this dEIS. Each of the four alternatives are de- scribed below and summarized in Table ES-1. ES-1 June 2017 Draft Environmental Impact Statement Issuance of BSEACD Incidental Take Permit Executive Summary ES 3.1 Alternative 1: No Action Under the No Action Alternative, the District would not implement its HCP and the Service would not issue an ITP. The District would pursue its legislatively mandated Aquifer management responsibilities, but the management and regulation of pumping would be limited to non-drought conditions. Maximum allowable pumping during non-drought desired future conditions (including water for aquifer storage and retrieval projects) would be limited to 16 cubic feet per second (cfs). The District would notify permittees of approaching drought and issue notices to stop pumping once drought is declared and “take” of the Barton Springs and Austin Blind salamanders is imminent. Protection of listed species would depend on expected compliance by the District’s permittees. Under the No Action Alternative, each permittee would be expected to comply with pumping cessation notices issued by the District, or would need to seek an individual ITP for the two species in order to continue pumping. Under Alternative 1, during DOR conditions, compliance by all permittees could reduce total Aquifer pumping to less than 1 cfs, (assumes nearly complete cessation of pumping), with resulting projected lowest average monthly springflow at Barton Springs of 11 cfs reached during the 1950’s DOR that the Covered Species are known to have survived. However, if Aquifer pumping reductions were not realized during any drought conditions that resulted in take of the two species, there would not be any protection provided to the District from violations under the ESA or to permitted pumpers that did not reduce pumping and were not covered by an individual ITP. Under Alternative 1, in the absence of a District ITP, pumpers could seek individual ITPs from the Service. Within the affected area many pumping entities could apply for separate ITPs, each with its own permit area. ES 3.2 Alternative 2: Issuance of an Incidental Take Permit for Permitted Pumping Under the District HCP (Preferred Action) Alternative 2 would involve approval of the District’s HCP addressing authorized pumping of the Barton Springs Segment of the Edwards Aquifer and the issuance of an ITP by the Service. Alternative 2 measures could meet state-mandated Desired Future Conditions (DFC). ES-2 June 2017 Table ES-1. Comparison of dEIS Alternatives Alternative 4 Alternative 2 Alternative 3 2 Water Supply Characteristics of Alternative 1 Issuance of ITP and Water Demand Reduction 1 Augmentation and Alternatives Implementation 3 No Action (Complete Curtailment of Substitution of HCP by BSEACD Pumping) Yes, until alternative water Not Required, provided Coverage Under an ITP for supplies completely regulated pumping of Aquifer Barton Springs and Austin No Yes substitute for groundwater completely ceases during Blind Salamanders pumping. drought as defined. None,