1: /08161.3' COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Comm. Letz OFFICE: County Commissioner MEETING DATE: November 8, 2010 TIME PREFERRED: 10:30 AM SUBJECT: Presentation on SEP -HCP South Edward Plateau- Habitat Conservation Plan. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER - NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Make sure any and all back up material is attached to this form. ' I Southern Edwards Plateau (SEP) Habitat Conservation Plan (HCP) Information from the website at seohcp.com purpose Bexar County and the City of San Antonio have begun a regional planning effort to balance the conservation needs of rare plants and animals with the demand for economic growth and development. The Southern Edwards Plateau Habitat Conservation Plan (o "SEP- HCP ") will allow the County and City to obtain a permit from the U.S. Fish & Wildlife Service (USFWS) that will establish a locally controlled, simplified process for complying with t e Endangered Species Act. The SEP -HCP will also create a coordinated regional conservation program to protect sensitive natural resources in south central Texas, including Bexar, Medina, Bandera, Kerr, Kendall, Blanco, and Comal counties. endangered species act Congress passed the Endangered Species Act in 1973 (the "ESA ") to protect and recover imperiled species and the ecosystems upon which they depend. The USFWS administe - s the ESA for terrestrial and freshwater organisms. The ESA protects threatened or endangered species and their habitats by prohibiting "take" of listed animals. As defined by the ESA, take means "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct." Section 10(a)(1)(B) of the ESA, authorizes the USFWS to issue permits allowing take of federally listed species providing that the taking is "incidental to, and not the purpose of, the carrying out of an otherwise lawful activity." To obtain an incidental take permit, an applicant must prepare a habitat conservation plan (or "HCP "). habitat conservation plans HCPs are developed and implemented by the applicants for ESA incidental take permits. HCPs ensure that the effects of authorized take are adequately minimized and mitigated. HCPs must include: (1) an assessment of the impact that will likely result from the taking; (2) measures the applicant will take to minimize and mitigate the impacts and the funding available to implement those measures; (3) alternative actions to the taking that were considered and the reasons the alternatives were not chosen; and (4) other measures that the l USFWS may require as necessary or appropriate for purposes of the conservation plan. The mitigation measures included in a HCP reduce or address the potential adverse effects of a proposed activity on a species covered by the HCP. Mitigation measures may include (but are not limited to) preservation of habitat, creation of new habitats, establishing buffers around existing habitats, modification of land use practices or project designs, and restrictions on access to habitat areas. issues Conflicts between endangered species issues and land development in the San Antonio area have intensified, even threatening the future of Camp Bullis in northern Bexar County. Compliance with the Endangered Species Act ( "ESA ") requires authorization from the U.S. Fish & Wildlife Service ( "USFWS ") to "take" a listed species, and also requires appropriate mitigation (such as protecting nearby habitat) to offset any adverse impacts to the species. However, the typical process for complying with the ESA can take years and be very costly. Until recently, ESA compliance by the private land development community has been fairly low with little enforcement of the ESA by the USFWS. With the threat of losing Camp Bullis, endangered species conservation in south central Texas has become a priority and has spurre Bexar County and the City of San Antonio to seek better ways of encouraging ESA compliance and protecting the area's endangered species. benefits The SEP -HCP will enhance conservation efforts for the area's endangered and threatened species and facilitate responsible economic growth in south central Texas by reducing the time and uncertainty involved with ESA compliance. The SEP -HCP will promote the recovery of the area's endangered and threatened species by creating a regional preserve system for the GCW, BCV, and karst invertebrates and providing for the perpetual management and monitoring of these preserve lands for the benefit of the species. The SEP -HCP will result in a locally created solution to endangered species issues that incorporates stakeholder concerns and gives long -term ESA permitting assurances to the publi and private - sector participants. The sep -hcp will create a new, voluntary, streamlined process for ESA compliance that may be used for a variety of public and private projects. This new compliance option will reduce the time associated with obtaining incidental take authorization ! under the ESA, particularly with respect to developing individual HCPs, waiting for applications to be processed by the USFWS, and obtaining appropriate mitigation for project impacts. The SEP -HCP's long -term focus over a regional scale will take better advantage of conservation opportunities in a rapidly changing landscape than smaller, individual conservation efforts. ThS effort's long -term protection and management of natural resources on across multiple counties will also contribute to the general health of the region's Hill Country ecosystems, including wildlife, woodlands, and water. rare species South central Texas is rich with a wide variety of natural resources that help define , , the region's unique character, such as dramatic vistas, endemic wildlife, deep caves, productiv aquifers, and flowing waters. Some of these resources are also locally, regionally, or globally rare and sensitive to the effects of human activities. Endangered or threatened wildlife are oftn particularly sensitive to our use of the landscape. Among these species in south central Texas are the: Golden - cheeked Warbler (Dendroica cluysoparia, the "GCW ") An endangered migratory songbird that nests in mature, dense juniper -oak woodland. This bird is primarily threatened with the loss or degradation of its habitat by a variety of land development activities. Read more by the Texas Parks & Wildlife Department ( "TPWD ") about the biology, life history, habitats, and threats to the GCW. Black capped Vireo ( Vireo atricapiiius the "BCV ") A threatened migratory songbird that nests in open oak shrublands. This species is threatened by several factors including habitat conversion, overgrazing , and brood parasitism. Read more by the TPWD about the biology, life history, habitats, and threats to the BCV. Karst Invertebrates The karst invertebrates listed each live entirely underground in the limestone caves and passages of the karst geologic formations that underlie much of south central Texas. These species are threatened by habitat loss associated with filling or collapsing of caves, alternation of natural drainage patterns and surface plant and animal communities, contamination of groundwater, and quarry or mining operations. Rhadine exilis An unnamed karst - dwelling beetle that is currently known from 45 to 50 caves in Bexa County. Rhadine infernalis An unnamed karst - dwelling beetle that is currently known from 36 to 39 caves in Bexa County. Helotes Mold Beetle (Batrisodes venyivi) A karst - dwelling beetle that is currently known from known from eight caves in Bexa County. Cokendolpher Cave Harvestman ( Texeiia cokendolphen) A karst - dwelling harvestman that is currently known only from one cave in Bexar County. Government Canyon Bat Cave Spider (Neoleptoneta microps) A karst - dwelling spider that is currently known from only two caves in Government Canyon State Natural Area. Robber Baron Cave Meshweaver (Cicurina baronia) A karst - dwelling spider that is currently known only from one cave in Bexar County. Madla Cave Meshweaver ( Cicurina madia) A karst - dwelling spider that is currently known from several locations in Bexar County. Bracken Cave Meshweaver (Cicurina venh) A karst- dwelling spider that is currently known only by a single specimen from one in Bexar County. Government Canyon Bat Cave Meshweaver (Cicurina vespera) A karst- dwelling spider that is currently known only from one cave in Bexar County. primary partners Bexar County and the City of San Antonio are the primary partners developing the SEP -HCP. These partners are contributing the 25 percent local matching funds to the federal grant funds awarded by the USFWS to develop the sep -hcp. I I These primary partners have assembled a large team of advisors, experts, and stakeholders to ensure that the sep -hcp represents the needs of the local community, is biologically sound, and meets the regulatory requirements of the Endangered Species Act, National Environmental Policy Act, and Chapter 83 of the Texas Parks and Wildlife Code. stakeholders group The Stakeholders Group is composed of and open to the entire community interested) in the development of the SEP -HCP, and is regularly invited to participate in the creation of the conservation plan by receiving meeting notices, project updates, and other communications from the project team. Sign up to be a part of the Stakeholders Group by registering for the email notice list on the HOME PAGE. citizens advisory committee The CAC was appointed to assist with development of the SEP -HCP, including reviewing the work of the Biological Advisory Team and the form and level of mitigation proposed in the plan, identifying appropriate funding mechanisms to implement the plan, and determining the method of participation in the plan. The CAC has adopted a charge and a set 4f operational rules to guide their actions. The CAC was assembled with recommendations by the Stakeholders Group, the Agency Oversight Group, and Texas Parks & Wildlife Department ( "TPWD ") and includes 21 members representing a variety of interests, including: LANDOWNER MEMBERS Ms. Mary Bradshaw - Bexar County landowner (alternate Ms. Lottie Mil!saps) Mr. Delmar Cain - Kendall County landowner (alternate Mr. Chuck Janzow) Ms. Ann Dietert - Kerr County landowner (alternate TBD) Ms. Bebe Fenstermaker - Bexar County landowner (alternate Mr. Clark Terrell) Dr. Bob Fitzgerald - Medina County landowner (alternate Mr. Lester Landrum) Mr. Randy Johnson - Bexar County landowner (alternate Myfe Moore) Mr. Gary Schott - Bexar County landowner (alternate Ms. Madelyn Schott) ENVIRONMENTAL & CONSERVATION GROUPS Mr. Kirby Brown - Texas Wildlife Association (alternate TBD) - CACCo -chair Ms. Mary Fenstermaker - Hill Country Planning Association (alternate TBD) Mr. Gerald McFarlen - Cibolo Nature Center (alternate TBD) Ms. Annalisa Peace - Greater Edwards Aquifer Alliance (alt. Mr. Paul Barwick ) REAL ESTATE & BUSINESS INTERESTS Mr. Ian Cude - Cude Engineering /Real Estate Council of San Antonio Mr. Charles "Frosty" Forster - Professional Engineers in Private Practice (PEPP) Mr. Michael Moore - Ironstone Development /Greater San Antonio Builders Assn. Ms. Susan Wright - Susan Wright & Associates /Real Estate Council of San Antonio floating alternate Mr. George Peck - CEC Engineering floating alternate Mr. Bob Liesman - MBC Engineering GOVERNMENTAL ENTITIES & UTILITY PROVIDERS Nis. Deirdre Hisler, Texas Parks & Wildlife Department (alternate Mr. Nic Maloukis) Mr. Tom Hornseth - Comal County (alternate TBD) Ms. Sandy Jenkins - City of San Antonio (alt. Mr. Eric Lautzenheiser) Commissioner Jonathan Letz - Kerr County (alternate TBD) - CAC Co -chair Council Member Jennifer Nottingham - City of Grey Forest (alt. Mayor Jeff Waldrop) Ms. Jenna Terrez - CPS Energy (alternate Ms. Kim Stoker) To ensure that the process is consistent with Chapter 83 of the Texas Parks & Wildlife Code, which regulates the development of regional habitat conservation plans by local governments, at least 4 individuals or 33 percent of the CAC members (whichever is greater) own undeveloped or agricultural land in the SEP -HCP plan area. TPWD also appointed one member of the CAC. The work of the CAC is subject to the Open Meetings Act and the Open Records Act, and all meetings are open to the public. A brief biography of the CAC members and appointed alternates is available here. You may contact the CAC by sending an email to info(@sephco.corrL. biological advisory team The BAT advises the primary partners on technical matters relating to the biology and conservation of the species and habitats addressed in the SEP -HCP. The BAT will assist with calculating the degree of harm to the species covered by the plan and calculating the size and configuration of the needed habitat preserves. Members of the BAT were appointed by the primary partners, TPWD, and the landowner members of the CAC. The BAT includes the following professional biologists: • Mr. Richard Heilbrun, Texas Parks & Wildlife Department - BAT Chairperson • Ms. Valerie Collins, Pape- Dawson Engineers • Dr. Andy Gluesenkamp, Texas Parks & Wildlife Department • Ms. Julie Groce, Texas A & M University • Dr. Tom Hayes, Greater Edwards Aquifer Alliance • Ms. Jayne Neal, City of San Antonio • Ms. Jackie Poole, Texas Parks & Wildlife Department • Mr. Justin Dreibelbis, Texas Wildlife Association Click here to view the BATs adopted charge defining the team's role in the SEP -HCP process. The BAT has also adopted a set of operational procedures to help guide their actions. The wor of the BAT is subject to the Open Meetings Act and the Open Records Act, and all meetings ar open to the public. You may contact the BAT by sending an email to info @sephcp.com. agency oversight group The AOG is composed of representatives from Bexar County, City of San Antonio, TPWD, the U.S. Fish & Wildlife Service ( "USFWS "), and the co- chairs of the CAC to facilitate coordination of the SEP -HCP process. The AOG will review the progress on each phase of the project, ensure work is completed on schedule and within budget, and provide a liaison between the primary partners and state and federal regulatory agencies involved in the process. Click here to view the AOG's adopted charge. Representatives on the AOG include: • Mr. Andrew Winter - Bexar County Infrastructure Services Department • Mr. Jesus Garza - City of San Antonio Planning and Development Services • Ms. Allison Arnold - U.S. Fish and Wildlife Serivce • Mr. Richard Heilbrun - Texas Parks and Wildlife Department and BAT chair • Mr. Kirby Brown and Commissioner Jonathan Letz - CAC co- chairs <> You may contact the AOG by sending an email to info @seohco.com. consultant team Bexar County engaged a team of environmental consultants to help guide the SEP - HCP process and prepare the necessary documents for a complete application to the USFWS. The consultant team is lead by wildlife biologists at Loomis Partners with expertise in the conservation of the golden - cheeked warbler and black- capped vireo, as well as the development of regional habitat conservation plans in Texas. Zara Environmental completes the core group of scientific and conservation planning professionals on the consultant team. Loomis and Zara will be responsible for the majority of the work completed under this project. To assist the our core group of science and conservation specialists, the Loomis -Zara team als includes several firms and people that are experts in land use projections and regional plannin , public financing strategies, impact analysis, and communications. Jacobs Engineering Group will assist with National Policy Act (NEPA) compliance and preparation of the Environmental Impact Statement (the "EIS "), particularly with respect to cultural and socioeconomic analyses and environmental justice issues. Ximenes & Associates will facilitate meetings of sep -hcp committees to help identify and resolve potential conflicts among various stakeholder interests and arrive at consensus regarding the conceptual design of the plan. Braun & Associates will assist with the identification and involvement of landowners interested in participation or cooperation with the SEP -HCP, as well as assist the team with the application of potentially cost - saving conservation mechanisms. Mr. Wendell Davis, AICP will be responsible for assisting the team with geographically distributed population projections and land development trends for the greater San Antonio area. M.E. Allison will help assess the potential economic impacts of SEP -HCP implementation and assist the team with identifying feasible funding mechanisms for the plan. The Nature Conservancy will be available to assist the core Loomis -Zara team regarding conservation planning across the southern Edwards Plateau and cutting edge research on the GCW and BCV from work at Fort Hood. The County has also retained independent legal counsel to provide additional guidanc during the planning process. Jackson Walker, LLP is assisting Bexar County with legal matters associated with the preparation of the SEP -HCP. frequently asked questions What are the regulations that guide development of the SEP -HCPp? The primary state and federal regulations that guide development of the SEP -HCP include the Endangered Species Act ( "ESA "), the National Environmental Policy Act ( "NEPA "), and Chapter 83 of the Texas Parks and Wildlife Code. The ESA defines the content of a habitat conservation plan and the criteria that must be met for the U.S. Fish & Wildlife Service ( "USFWS ") to issue an incidental take permit. NEPA requires that a major federal action, such as issuing an incidental take permit for a regional habitat conservation plan, also evaluate the impacts of that action on the human environment by preparation of an Environmental Impact Statement ( "EIS "). Chapter 83 of the Texas Parks and Wildlife Code regulates the development and implementation of a regional habitat conservation plan by local governments by (among other things) requiring landowner representation on the CAC, scientific review by the BAT, and establishing timelines for preserve acquisitions. Information about these regulations and other guidance documents is posted on the DOCUMENTS page. Will the SEP -HCP help the region access other grant funds for conservation? It can! The USFWS awards grant funds for endangered species habitat protection that an approved habitat conservation plan. Other opportunities may also be possible. Bexar County and the City of San Antonio are identified as the primary partners in the SEP -HCP. tan other counties, cities, or the military become a partner, too? There are many different options for other entities to become partners in the SEP -HCP effort, both during plan development and as the plan is implemented. Other jurisdictions are currently represented on the CAC and the Stakeholders Group, and th County and City continue to be open to all ideas for creating regional partnerships. What options are being considered for preserve acquisitions? All options are currently on the table, but fee - simple land purchases and the perpetual conservation easements are likely to be primary methods of aquiring preserve lands. What area will the SEP -HCP cover, who will the permit applicant be, and what conservation strategies will be used? These and other framing issues will be among the first decisions made during the development of the SEP -HCP. The primary partners will rely on recommendations from] the CAC and BAT, as well as the USFWS, TPWD, and their consultant team to help answer these questions and create a conceptual framework for the conservation plan. How much will the SEP -HCP cost local governments and the private sector? The ESA requires that a habitat conservation plan identify and assure the funding that . will be available to properly implement the conservation program. As the plan develops, the primary partners will review and assess a number of options for funding the SEP - HCP, including participation or mitigation fees from voluntary plan participants. The SEP -HCP consultant team includes a financial advisor to assist the primary partners with this important task and the financial impacts of any funding plan will be explored in the SEP -HCP and the EIS. PUBIC PARTICIPATION FORM ''-" FOR ��C ,I" KERR COUNTY COMMISSIONERS' COURT kl INSTRUCTIONS: Fill out all appropriate blanks. Please print or write legibly. Present to the COUNTY CLERK prior to the time that the Agenda Item (or Items) you wish to address are discussed. If you are handing out any material or documents to the Court, please make sure you have one extra copy for the Clerk to ensure that one is put into the record. Name: ,& &4hQM 3h/e.. Address: yV keeirS4 / /e / /�S /tetra rile 7 / c Telephone: (30 4.5--7-3658)s Place of Employment: X ell req Employment Telephone: Do you represent any particular group or organization? Yes No If you represent a group or organization, please state the name, addres and telephone number of such group or organization: Which Agenda Item (or Items) do you wish to address: / In general, are you for or against such Agend- tem (or Items)? For Against Ar ;ea, 'nature NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium, please state your name and who /what you represent clearly for the court reporter to accurately record who you are. it r I PUBIC PARTICIPATION FORM 5 .p p / V FOR KERR COUNTY COMMISSIONERS' COURT INSTRUCTIONS: Fill out all appropriate blanks. Please print or write legibly. Present to the COUNTY CLERK prior to the time that the Agenda Item (or Items) you ish to address are discussed. If you are handing out any material or documents to the Court, please mak4 sure you have one extra copy for the Clerk to ensure that one is put into the rec rd. Name: R L,1 42r4 AE E�c( Address: 49 830k 69C Telephone: . € 7 3O) 34 2- 4-& s D Place of Employment: �A/ri Employment Telephone: 54 Do you represent any particular group or organization? Yes No e i( If you represent a group or organization, please state the name, address and telephone number of such group or organization: Which Agenda Item (or Items) do you wish to address: N17c 7x (� r ecrE 5 In general, are you for or against such Agenda Item (or Items)? For Against . ,y Signature NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium, please state your name and who/what you represent clearly for the court reporter to accurately record who you are. y PUBIC PARTICIPATION FORM FOR ", ° KERR COUNTY COMMISSIONERS' COURT 1 1 INSTRUCTIONS: Fill out all appropriate blanks. Please print or write legibly. Present to the COUNTY CLERK prior to the time that the Agenda Item (or Items) you wish to address are discussed. If you are handing out any material or documents to the Court, please mak4 sure you have one extra copy for the Clerk to ensure that one is put into the recodrd. Name: + mil L t LL \LV-'c (Lco Address: « 3 2_— S I LVC C ktz_p-UL Telephoner Place of Employment: 9 ti l - 11.1 , Employment Telephone: Do you represent any particular group or organization? Yes No 1/ If you represent a group or organization, please state the name, address and telephone number of such group or organization: i 1 Which Agenda Item (or Items) do you wish to address: In general, are you for or against such Agenda - 1 (or Items)? For Against kZ " '1P' Signatu e NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium, please state your name and who /what you represent clearly for the court reporter to accurately record who you are. PUBIC PARTICIPATION FORM 5c FOR KERR COUNTY COMMISSIONERS' COURT INSTRUCTIONS: Fill out all appropriate blanks. Please print or write legibly. Present to the COUNTY CLERK prior to the time that the Agenda Item (or Items) you Wish to address are discussed. If you are handing out any material or documents to the Court, please mak4 sure you have one extra co the Clerk to ensure that one is put into the recdrd. Name: '.. 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