Notice of Scoping Meeting on Intent to Prepare Environmental Impact Statement in Anticipation of Receiving a Permit Application to Incidentally Take Listed Species From the Endangered San Marcos and Comal Springs Ecosystems Under Section 10(a) of the Endangered Species Act, by the Bexar Metropolitan Water District and Possibly Others, Comal, Bexar, and Hays Counties, Texas

DEPARTMENT OF THE INTERIOR

Notice of Scoping Meeting on Intent to Prepare Environmental

Impact Statement in Anticipation of Receiving a Permit Application to

Incidentally Take Listed Species From the Endangered San Marcos and

Comal Springs Ecosystems Under Section 10(a) of the Endangered Species

Act, by the Bexar Metropolitan Water District and Possibly Others,

Comal, Bexar, and Hays Counties, Texas

ACTION: Notice of Intent to prepare an environmental impact statement

and announcement of scoping meeting.

-----------------------------------------------------------------------

SUMMARY: This notice advises the public that the Fish and Wildlife

Service (Service) intends to gather information necessary to prepare an

Environmental Impact Statement (EIS) for an anticipated incidental take

permit application, including a required Habitat Conservation Plan,

from the Bexar Metropolitan Water District (District) and possibly

others. The species proposed to be taken from the San Marcos and Comal

Springs Ecosystems (Edwards Aquifer), include the federally-listed San

Marcos gambusia (Gambusia georgei), fountain darter (Etheostoma

fonticola), and Texas wild-rice (Zizania texana).

This notice is provided as required by the Endangered Species Act

(Act) of 1973, as amended (16 U.S.C.1531 et seq.), (50 CFR 17.22) and

National Environmental Policy Act (40 CFR 1501.7) regulations.

The Service is soliciting information and comments on the scope of

issues to be addressed in the EIS. The National Environmental Policy

Act (NEPA) process is intended to help public officials make decisions

that are based on understanding of environmental consequences, and take

actions that protect, restore, and enhance the human environment. NEPA

scoping procedures are intended to insure that information on the

proposed action, alternatives and impacts are solicited from the

public, and that all information is available to public officials and

citizens before planning decisions are made. Accurate scientific

analysis, expert agency comments, and public scrutiny are essential to

implementing NEPA. NEPA documents concentrate on the issues that are

significant to the action in question. The Service invites the public

to submit information and comments either at a meeting on 13 February

1997, or in writing. The Service requests that comments be as specific

as possible.

Major environmental and species concerns in this scoping process

include the direct, indirect, and cumulative impacts that

implementation of the proposal could have on endangered and threatened

species, critical habitat, and other environmental resources, and the

quality of the human environment. Other relevant issues include effects

of aquifer and water withdrawal levels on Comal and San Marcos spring

flows, effects of various aquifer water use management options and

alternative water supply options on the environments affected by those

options, and effects on the downstream environment.

DATES: Written comments should be received on or before 1 May 1997. A

public hearing for receipt of comments will be held in San Antonio,

Bexar County, Texas, Thursday, 13 February 1997.

ADDRESSES: Comments should be addressed to Steve Helfert, Field

Supervisor, U.S. Fish and Wildlife Service, Ecological Services, 10711

Burnet Road, Suite 200, Austin, Texas 78758-4460. The public hearing

will be held from 7 to 10 pm, at Dwight Middle School, 2454 W.

Southcross, San Antonio, Texas 78211. For further information on the

scoping meeting location contact Janie Valenzuela at Bexar Metropolitan

Water District, 2047 West Malone, San Antonio, Bexar County, Texas

78225, (210) 345-6500.

FOR FURTHER INFORMATION CONTACT: Alisa M. Shull, U.S. Fish and Wildlife

Service, at the above address, telephone (512) 490-0057, facsimile

(512) 490-0974.

SUPPLEMENTARY INFORMATION: The Service proposes to prepare an EIS to

evaluate the impacts of alternatives associated with issuing an

incidental take permit under section 10(a)1(B) of the ESA. Several

parties, including the Bexar Metropolitan Water District, have

indicated an interest in pursuing incidental take authorization.

Section 9 of the ESA prohibits the taking of federally listed

animal species, unless authorized under the provisions of section 7 or

10 of the ESA. The term ``take'' under the ESA includes actions that

may directly kill or injure listed species, actions that significantly

disrupt normal behavioral patterns such as feeding and breeding, and

actions that detrimentally modify habitat to the extent that it harms

individuals of the species.

Section 10(a)(1)(B) allows the Fish and Wildlife Service to permit

taking of listed species provided that taking is incidental to an

otherwise legal activity and that it will not jeopardize a listed

species. A Habitat Conservation Plan (HCP) must be submitted as part of

the incidental take permit application by the applicant.

The San Marcos and Comal Springs Ecosystems are dependent upon

adequate springflow from the San Antonio Segment of the Edwards Aquifer

to support endangered species and critical habitat, as well as several

species proposed for federal listing. The Edwards Aquifer is the sole

source of drinking water for over 1.5 million people in the San Antonio

Metropolitan Region. Given the growing water use, anticipated for the

San Antonio Region, an overall management plan seems necessary to

assure the sustained springflow in the two systems.

Decline of springflow in the two systems will result in ``take'' of

listed species and in an appreciable reduction of the value of critical

habitat, and an appreciable reduction in the likelihood of survival and

recovery of listed species. The Service has estimated minimum

springflow for the two

[[Page 1779]]

systems necessary to avoid any of these conditions.

All parties who either directly withdraw Edwards Aquifer water or

who reduce recharge to the aquifer, contribute to diminished

springflows. Between late May and August 1996, minimum necessary flows

were not sustained in either system, owing to widespread drought

conditions and the level of a regional pumpage, particularly during

emergency conditions. In August 1996, a Federal Court found that an

emergency exists and ordered implementation of emergency measures in

accord with the 1996 Emergency Withdrawal Reduction Plan, prepared by

the court appointed Monitor.

Bexar Metropolitan Water District (District) is the second largest

water purveyor in Bexar County, Texas and largely dependent upon

withdrawals from the Edwards Aquifer.

The District proposes to adopt a Habitat Conservation Plan

consistent with objectives of the approved San Marcos and Comal Springs

and Associated Aquatic Ecosystems (Revised) Recovery Plan for the

spring associated ecosystems, with the Federal Court ruling, and with

Sections 9 and 10 of the Endangered Species Act. The District proposes

to reduce its pumpage from the Edwards Aquifer on a pro rata basis to

achieve compliance with the Withdrawal Reduction Plan. The District

proposes to accomplish this purpose by implementing one or more

measures, including but not limited to: development of alternative

water resources (ground-water resources, surface water resources, reuse

of treated effluents, etc.), landscape management practices

(XeriscapeTM, zoned irrigation, designated watering days, etc.);

employment of water efficient devices; adoption of policies encouraging

conservation; public education; deployment of alternative technologies

in intensive water-using industries; other appropriate and effective

measures; etc.

The District also proposes to include a mechanism in its Habitat

Conservation Plan, for inclusion of other pumpers (municipal,

industrial, commercial, or military) which, acting in concert with the

District, meet certain criteria (for example, a target reduction rate

in Edwards Aquifer withdrawals) that would be developed and included in

the Habitat Conservation Plan and incidental take permit conditions.

In addition to considering impacts on listed species and their

habitat, the EIS must include information on impacts from the proposal

and alternatives to the proposal on other components of the human

environment. These other components include such things as air and

water quality, cultural resources, other fish and wildlife species,

social resources, and economic resources.

The Fish and Wildlife Service is gathering information necessary

for the preparation of an EIS. Information such as the following topics

that would assist the Service in assessing the impacts of the issuance

of an incidental take permit under the provisions of an HCP is being

sought: the hydrogeology of the Edwards Aquifer and the effects of

aquifer levels on springflows at Comal and San Marcos Springs as they

relate to the habitat needs of federally listed species; potential

water conservation measures and strategies to reduce the withdrawal

demands on the Edwards Aquifer and their effects on springflows;

alternate water supplies and their potential effect on reducing Edwards

Aquifer water withdrawals and maintaining springflows; effects of

aquifer level management and springflow changes on the quality of the

human environment; and, any other issues or suggestions that would be

relevant toward the Fish and Wildlife Service's review and development

of alternatives.

Nancy M. Kaufman,

Regional Director, Region 2, Albuquerque, New Mexico.

[FR Doc. 97-722 Filed 1-10-97; 8:45 am]

BILLING CODE 4310-55-P