San Luis Valley Regional Habitat Conservation Plan Draft for Public Review
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1.3HCP ScopeCovered SpeciesThis HCP covers one species listed under the ESA as endangered, and a candidate for listing that is found in similar habitat. The covered species are the endangered southwestern willow flycatcher, and candidate yellow-billed cuckoo, western U.S. distinct population segment. Detailed information about these species and their habitat requirements is found in Section 2.1. Geographic Area CoveredThis HCP covers the entire San Luis Valley floor in southern Colorado, within the confines of Alamosa, Conejos, Costilla, Rio Grande, Mineral and Saguache counties. The HCP boundary follows the U.S. Forest Service Boundary in most places, or county lines.5 Incorporated cities and towns are excluded from HCP coverage, with the exception of Alamosa, Monte Vista, Del Norte, and South Fork.6 This area is referred to as the “HCP plan area” or “plan area.” The plan area is about 2.9 million acres, and includes about 250 miles of streams. Time Period CoveredThe Applicants seek an incidental take permit (ITP) for a period of 30 years, extending from the date a permit is issued. The rationale for a 30-year permit term is described below in Section 1.9. Activities CoveredThe Applicants, District members, State of Colorado Department of Natural Resources (DNR) agencies, quasi-municipal corporations including water conservancy districts, private landowners, and others may use this HCP for ESA compliance to conduct a specified set of “covered activities” that have the potential to result in the incidental take of the covered species or their habitat. The covered activities include routine agriculture, community infrastructure, and resource management and restoration activities – summarized here and described in detail in Section 3. Routine AgricultureRoutine agriculture includes common agricultural and irrigation management activities conducted by farmers, ranchers, State land managers, and water managers as part of the Valley’s longstanding agricultural economy:
Community InfrastructureCommunity infrastructure includes common activities and facilities conducted or maintained by public and private entities to support the health, safety, economic capacity, mobility, and overall livability of the Valley:
Riparian Conservation and RestorationRiparian conservation and restoration includes common activities conducted by public and private entities to improve the structure, function, and value of riparian habitat in the Valley:
Specific covered activities and their anticipated impacts are described below in Section 3. Many of these activities have been conducted by residents of the Valley for more than a century, and are very important to the ongoing agricultural economy and overall economic sustainability in the Valley. In addition, some of these activities are important to satisfy the legal requirements of the interstate Rio Grande Compact (described in Section 2.3) (Congressionally approved in 1939) and the State system of water rights administration, which has been in effect for more than a century. Activities Not Covered by this HCPDevelopmentDevelopment-related activities are not covered by this HCP. Development-related activities include the grading or clearing of riparian habitat areas for the purposes of residential, commercial, or industrial development, as well as the development of golf courses, parks, and other public facilities that may require clearing of riparian vegetation. Unlike the other covered activities that generally have individually minor, temporary impacts dispersed among thousands of acres of habitat, development activities typically result in significant, permanent, and both direct and indirect impacts to localized habitat areas. Providing incidental take coverage for development activities would change the character of this HCP and the magnitude of habitat mitigation that would be required. Therefore, incidental take coverage for development is not included in this HCP. Landowners and local units of government are encouraged to avoid and minimize impacts to riparian habitat areas. If development does occur in riparian habitat areas, the landowners and units of government are liable for the take of the covered species under the ESA. Large-Scale Water Projects or ImpoundmentsThis HCP does not provide incidental take coverage for the new construction of water projects such as large dams, water storage, major diversions, pipelines, or other activities that are beyond what could be considered typical and routine for existing infrastructure in the Valley. Large-scale projects are defined as water impoundments or structures that result in impoundments with greater than 0.1 acres of riparian impacts per project, greater than 20 acres of surface area, or dams that are greater than 10 feet high.8 Small dams that meet these criteria for livestock watering, erosion control, groundwater recharge, or small excavations or impoundments that meet these criteria and are necessary for typical and routine agricultural management are covered. Any future large-scale water projects could result in much greater impacts to riparian habitat and the covered species than those covered by this HCP. Such projects would need to pursue their own clearances under the ESA, in addition to potential NEPA requirements. No such projects are currently planned or expected. Sanitation or Industrial Water ImpoundmentsThis HCP does not provide incidental take coverage for the new construction or maintenance of water impoundments for the purposes of private or municipal sanitation or industrial uses. These include water and sewage treatment, waste disposal, waste ponds associated with confined animal feeding operations, and industrial water storage or cooling ponds. Such projects would need to pursue their own clearances under the ESA, in addition to potential NEPA requirements. Highway ConstructionThis HCP does not provide incidental take coverage for the new construction of any highways or bypasses that could result in adverse impacts to riparian habitat. Such projects would need to pursue their own clearances under the ESA, in addition to potential NEPA requirements. No such projects are identified in the San Luis Valley 2030 Regional Transportation Plan (SLVRPC 2004). Additionally, the Colorado Department of Transportation is not an Applicant that would be covered under this HCP. Activities related to the maintenance and operation of existing highways and bridges by counties or other local units of government are covered by this HCP (provided they are not otherwise subject to Section 404 wetland permitting requirements). These activities are described in Section 3.3. Federal ActivitiesActivities conducted, funded, or authorized by Federal agencies are not covered by this HCP, consistent with Section 10 of the ESA. This includes activities on Federal lands (such as BLM, NPS, or National Wildlife Refuges), conducted or funded by Federal agencies (such as Natural Resources Conservation Service (NRCS) programs) or those requiring a wetlands permit under Section 404 Clean Water Act (authorized by the U.S. Army Corps of Engineers). Any such activities require their own consultation and compliance under Section 7 of the ESA. As described in Section 5.2, portions of Federal/non-Federal partnerships may contribute to HCP mitigation, while the management and conservation of riparian habitat on Federal lands in the Valley remains an important part of this HCP (see Sections 1.8 and 5.4). |