SOUTHERN EDWARDS PLATEAU HABITAT CONSERVATION PLAN
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1 SOUTHERN EDWARDS PLATEAU HABITAT CONSERVATION PLAN 28 April 2009 Andrew Winter, PE, RAS Bexar County Environmental Engineer
2 Background Overview What is the Endangered Species Law? What is an HCP? Why an HCP? How an HCP Works Conservation and Development, Strange Bedfellows Our Endangered Species and Species of Concern SEP- HCP Team (Bexar County City of San Antonio) SEP- HCP Tentative Schedule & Current Status Other HCPs Contact Information and Questions
3 Texas is the most Ecologically Diverse state in the nation
4 Ecological Diversity in Texas Texas has one of the highest mammalian diversity in North America more than 140 native species more than 100 species of introduced free ranging non-native species Texas has more than 620 species of birds more species of birds have been confirmed in Texas than in any other state (that s more species of birds than are found in all of Europe) high levels of plant diversity over 2,300 indigenous species more surface water than all but two states over 80,000 miles of rivers and streams the most extraordinary herpetological region in the country due to its incredible range of reptile and amphibian species more than half of the reptile and amphibian species in the U. S. can be found in Texas Texas has an amazing diversity of freshwater and marine life
5 Where are the Endangered Species EA Zones Karst Zones Texas blind salamander C. madla, HQ cave Madla s Cave meshweaver Courtesy J. Krejca
6 The #1 threat to wildlife today... Texas loses more than 1 acre of habitat every 7 minutes, 24 hours a day, 7 days a week, 365 days a year. During this presentation, 10 acres of habitat will be lost
7 Bexar County 1970
8 Bexar County Census Data
9 Bexar County 1990
10 Bexar County 2000
11 Bexar County Karst Zones Edwards Aquifer
12 The Endangered Species Act (ESA) The U. S. Congress recognized and set out to halt the rapid loss of plants and animals that make up our nation s natural heritage in 1973 It was determined that these species are valuable to the Nation (aesthetic, ecological, educational, historical, recreational, and scientific) The US Fish and Wildlife Service is the federal agency charged with administration and enforcement. USFWS had to develop a conservation strategy to include States and other interested parties with the goal being to conserve ecosystems upon which threatened and endangered species depend An amendment to the Act in 1982 created Habitat Conservation Plans that allow development while protecting rare species by ensuring mitigating conservation measures. Under the ESA, any activities that result in take of listed species or their habitat requires consultation with the USFWS Water resource issues must also be resolved in conjunction with species conservation
13 ENDANGERED SPECIES ACT PROVISIONS Section 9 prohibits take of listed wildlife species Section 10(a) permits authorize take for non-federal actions 10(a) Permit Process Preparation of habitat conservation plan (HCP) National Environmental Policy Act (NEPA) Citizen Advisory Committee Biological Advisory Team Public comment Required elements of an HCP Identification of impacts Steps applicant will take to minimize and mitigate the impacts Funding sources Biological goals and objectives Monitoring Adaptive management
14 What is a Take? "Take" is defined in the Endangered Species Act as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect any threatened or endangered species. Harm may include habitat modification that impacts a listed species through impairment of essential behavior (e.g., nesting or reproduction).
15 Who must comply with the ESA? Any landowner or individual engaging in activities that result in take are required to comply with the law. This includes: Private Landowners Commercial Developers Agricultural Users Governmental Agencies Infrastructure Providers
16 Listing Criteria Five Factors 1. Destruction, modification or curtailment of the species range or habitat 2. Over-utilization for commercial, recreational, scientific, or educational purposes 3. Disease or predation 4. Inadequacy of existing regulatory mechanisms 5. Other factors affecting the continued existence of the species
17 What is an HCP? A habitat conservation plan or "HCP" is a planning document that is a mandatory component of an application for incidental take of a listed species under the Endangered Species Act and regulations. The applicant's (Bexar County, The City of San Antonio, and other interested parties) HCP must describe the impacts likely to result from activities the applicant plans to undertake or authorize the measures the applicant will undertake to avoid, minimize, and mitigate to the maximum extent practicable for those impacts Issuance criteria must be met before the FWS can issue an incidental take permit.
18 What is an HCP? (cont) The 10(a)(1)(B) permit authorizes the incidental take of a listed species and will allow the entity (at that point the Permittee) to authorize Participants (i.e., Developers) to conduct covered activities that will cause incidental take, so long as the Participants conform to the terms of the HCP and permit (i.e., mitigation of the take ). NOTE: The HCP is the plan of action - the permit is the legal instrument that usually incorporates the HCP by reference. This process ensures adequate minimization and mitigation of the effects of the authorized incidental take to the maximum extent practicable. Permit duration of 30 years Participation is completely voluntary
19 What is an HCP? (cont) Documents Required for the HCP Draft HCP Draft NEPA document Permit Application Form and Fee Certification that HCP documents are complete Federal Register Notice Implementation Agreement Additional Required Documents Biological Opinion Findings Document NEPA Decision
20 Our HCP Goals Provide assistance in the recovery of the listed species Provide assistance to prevent new species (threatened species) from being listed Provide a tool that allows for cost effective compliance with federal law (the ESA)
21 What an HCP is not It is not mandatory It is not intended to stop development it is a tool to encourage compliant development It will not recover the species it is intended to aid in the recovery of the species It is not intended to be a drain on the taxpayers it should be self supporting
22 Why an HCP? Balance development and conservation Development provides funding for conservation Provides a tool for developers and landowners to easily and cost effectively comply with Federal Law Provides certainty by streamlining the approvals for public and private projects Reduces time and cost associated with Endangered Species Act compliance Allows us to control our own economic growth Ensures preservation of open space and the natural character of the County For San Antonio, provides protection of our sole source of water the aquifer In Bexar County aquifer protection coincides with endangered species protection Facilitates recovery of listed species Allows for public participation in the process Courtesy J. Krejca
23 Avoid Section 9 Law Enforcement Civil or criminal penalties Can enjoin the Federal government Third party lawsuits Typically involve unauthorized clearing of known or suspected occupied habitat In FY 2007, 8 cases involving endangered species Several currently ongoing in the San Antonio area
24 Who Benefits from an HCP? Conservation Groups Governmental entities School districts Political subdivisions TxDOT Developers Landowners Citizens TPWD USFWS EVERYONE
25 How an HCP would work 1. You want to develop in an environmentally sensitive an area of Bexar County 2. You conduct an endangered species survey to determine if your development would result in a take 3. You choose to participate in our HCP in order to comply with the Endangered Species Act. 4. You submit an HCP participation application and supporting documents to a our local HCP administrator (TBD) 5. HCP administrator reviews the application, ensures you are in compliance with the HCP and determines your participation fee. 6. If you choose to participate, you pay mitigation fee and become part of our HCP - **Likely a 2 week process WITHOUT THE HCP You work individually with the U.S. Fish and Wildlife Service to obtain an individual 10(a) permit - **Likely a 2 year process
26 Proposed HCP Funding Sources Participation fees from developers for karst and bird mitigation Tax Benefit Financing Baseline valuation determined Enhanced valuation of the property on an ongoing basis Calculation of TBF TBF set aside into Conservation Trust for future acquisition, operations and management Federal grants, Land grants, and Donations
27 Conservation and Development, Strange Bedfellows? NO Conservation needs Development to fund the conservation activities Development needs Conservation to preserve the very reason people want to develop here Conservation and Development Must Be Partners
28 Population 2005 Projected Population 2035 Population (2005) <1,000 1,000-3,000 3,000-5,000 5,000-10,000 >10,000 Bexar County Population (2035) <1,000 1,000-3,000 3,000-5,000 5, ,000 >10,000 Bexar County
29 What is our vision of Texas?
30 Or this?
31 And this?
32 And this?
33 With an HCP There are NO Surprises There will be NO additional conservation and mitigation measures required of developers No additional restrictions on the use of natural resources, other than those agreed to in the HCP. A Deal s a Deal!
34 What species need to be covered Endangered Species 3 Birds 10 karst invertebrates 1plant 44 Other Species of Concern
35 Endangered Species in Bexar County Birds Black-capped vireo (Vireo atricapilla) Golden-cheeked warbler (Dendroica chrysoparia) Whooping Crane (Grus americana) Karst Creatures Braken Bat Cave Meshweaver (Cicurina venii) Cokendolpher Cave Harvestman (Texella cokendolpheri) Government Canyon Bat Cave Meshweaver (Cicurina vespera) Government Canyon Bat Cave Spider (Neoleptoneta microps) Helotes Mold Beetle (Batrisodes venyivi) Interior Least Tern (Sterna antillarum athalassos) Madla Cave Meshweaver (Cicurina madla) Rhadine exilis (no common name) Rhadine inifernalis (no common name) Robber Baron Cave Meshweaver (Cicurina baronia), Plants Texas Wild Rice (Zizania texana)
36 Additional Species in Bexar County A cave obligate crustaean (Monodella texana) American Peregrine Falcon (Falco peregrinus tundrius) Cascade Caverns Salamander (Eurycea latitans) Comal Blind Salamander (Eurycea tridentifera) Peregrine Falcon (Falco pergrinus) Texas Salamander (Eurycea neotenes) Western Burrowing Owl (Athene cunicularia hypugaea) White-faced Ibis (Plegadis chihi) Wood Stork (Mycteria americana) Zone-tailed Hawk (Buteo albonotatus) (as identified by TPWD) Brown-headed Cowbird
37 Additional Listed and Rare Species in Bandera, Kendall, Kerr and Medina counties A mayfly (Baetodes alleni) A mayfly (Plauditus futilis) American Peregrine Falcon (Falco peregrinus anatum) Arctic Peregrine Falcon (Falco peregrinus tundrius) Baird's Sparrow (Ammodramus bairdii) Bald Eagle (Haliaeetus leucocephalus) Black Bear (Ursus americanus) Blanco River Springs Salamander (Eurycea pterophila) Cascade Cave Amphipod (Stygobromus dejectus) Cave Myotis Bat (Myotis velifer) Edwards Plateau Shiner (Cyprinella lepida) Ezell's Cave Amphipod (Stygobromus flagellatus) Frio Pocket Gopher (Geomys texensis bakeri) Ghost-faced Bat (Mormoops megalophylla) Guadalupe Bass (Micropterus treculii) Guadalupe Darter (Percina sciera apristis) Headwater Catfish (Ictalurus lupus) Leonora's Dancer Damselfly (Argia leonorae) Long-legged Cave Amphipod (Stygobromus longipes) Mountain Plover (Charadrius montanus) Nueces Roundnose Minnow (Dionda serena) Rawson's Metalmark (Calephelis rawsoni) Sage Sphinx (Sphinx eremitoides) Texas Austrotinodes caddisfly (Austrotinodes texensis) Texas Salamander (Eurycea neotenes) Valdina Farms Sinkhole Salamander (Eurycea troglodytes complex) (as identified by TPWD)
38 Federally listed species that occur in springs down-gradient from Bexar County that would benefit from the protection and management of upstream recharge areas (e.g. San Marcos Springs, Comal Springs) Comal Springs Dryopid Beetle (Stygoparnus comalensis) Comal Springs Riffle Beetle (Heterelmis comalensis) Fountain Darter (Etheostoma fonticola) Peck s Cave Amphipod (Stygobromus pecki) San Marcos Gambusia (Gambusia georgei) San Marcos Salamander (Eurycea nana) Texas Blind Salamander (Eurycea rathbuni) Texas Wild Rice (Zizania texana) TPWD Photo courtesy Paul M. Montgomery
39 Only one bird breeds only in the Lone Star State The Golden-cheeked Warbler (Dendroica crysoparia) Photo by Clif Ladd
40 Golden-cheeked warblers Kerr Kendall Comal Bandera Bexar Medina Diamond Habitat Model A Protected Areas 1 Low Quality Proposed RU 5 2 Projected available habitat (draft SWCA) 3 Not Habitat 4 High Quality Scientists such as SWCA used existing aerials and incorporate considerations regarding patch size to project habitat suitable for recovery purposes
41 Karst refers to limestone caves and sinkholes with underground streams The Edwards Aquifer is the primary drinking water source for millions of Central Texas residents Protecting Karst Critters protects the aquifer Karst Protection
42 The Team Bexar County City of San Antonio Private Landowners Greater Edwards Aquifer Alliance The U. S. Fish and Wildlife Service Texas Parks and Wildlife Camp Bullis YOU?
43 Timeline 2009 RFQ Submittal Evaluation Grant Release Present RFQ Submittal To Court Release RFQ/RFP selection FWS releases grant through TPWS, TPWS releases grant to SEPHCP Identify Funding for HCP - City & County Work an Interlocal agreement between the City and County Work Interlocal agreements with Other Counties in Recovery Unit 5 Project Organization Summary of legal requirements Apr-09 May-09 May-09 May-09 Jun-09 Jun-09 May-09 Jul-09 Oct-09 Nov-09
44 Timeline 2010 Formation of CAD Formation of BAT Develop Public Outreach/Participation Process Baseline Data Acquisition and Preliminary Analysis Methodology to define the suitable habitat areas Initial Strategy/Framework Development Preliminary Alternatives Develop summary of initial recommendation (for CAD/BAT approval) Prepare Preliminary Draft HCP First Revised Draft HCP Final Draft HCP Initiate NEPA process Jan-10 Jan-10 Jan-10 Feb-10 Feb-10 Mar-10 Mar-10 Apr-10 Sep-10 Sep-10 Dec-10 Dec-10
45 Timeline 2011 Prepare Draft EIS (DEIS) Publish Notice of Availability (NOA) of regional HCP/DEIS application Publish NOA of DEIS/ NOR of application (30 days) Prepare Final EIS (FEIS) Review and approval of application documents by applicant agencies Submit application package (Final Draft HCP, PDEIS, application form, application fee) Public Hearing on HCP (required by Texas Parks & Wildlife code) Coordinate with USFWS on Biological Opinion, ROD, SOF, permit terms and conditions Issuance of ROD, SOF, and Final TPWD Grant Report Mar-11 Mar-11 Apr-11 Jun-11 Jul-11 Aug-11 Aug-11 Aug-11 Oct-11`
46 Other HCPs in Texas RHCPs Williamson County BCCP (Travis County and City of Austin) Bastrop County RHCPs (under development) Hays Comal Many small acreage HCPs throughout central Texas
47 Contact Information Andrew Winter, PE, RAS 233 N. Pecos, Suite 420 San Antonio, TX Phone: (210) Eastern Pipistrelle (Eastern Pipistrelle)
48 QUESTIONS?
Bexar County Environmental Services 233 North Pecos La Trinidad, Suite 420, San Antonio, Texas (210) Office (210) Fax
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