Draft Environmental Impact Statement: Edwards Aquifer Recovery Implementation Program, Habitat Conservation Plan, Final Report, Volume 2 Page: 3
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2.1 The term "Permit" shall mean an incidental take permit issued by the Service to
Permittees pursuant to Section 10(a)(1)(B) of the ESA.
2.2 The term "Permit Area" shall mean the geographic jurisdictional area of the EAA as defined
in Section 1.04 of the EAA Act in all of Uvalde, Medina, and Bexar Counties, and in part of
Atascosa, Guadalupe, Comal, Caldwell, and Hays County, all in the State of Texas, as depicted in
Figure 1-2 of the Habitat Conservation Plan which includes the Comal Springs, Landa Lake, and
the portion of the Comal River and associated areas riparian thereto within the municipal
boundaries of New Braunfels in Comal County, Texas, and the San Marcos Springs, Spring Lake,
and the portion of the San Marcos River and associated areas riparian thereto within the
municipal boundaries of San Marcos in Hays County, Texas.
2.3 The term "Permittee" shall mean each Applicant.
2.4 The term "Conservation Plan" or "HCP" shall mean the Habitat Conservation Plan prepared
for the Covered Activities.
2.5 The term "Covered Species" shall mean species adequately covered in the HCP and identified
in Section 1.0 of this Agreement.
2.6 The term "unforeseen circumstances" has the meaning as set forth at 50 CFR 17.3.
2.7 The term "EAA Act" shall mean the Edwards Aquifer Authority Act, Act of May 30, 1993,
73rd Leg., R.S., ch. 626, 1993 Tex. Gen. Laws 2350, as amended.
2.8 The term "Covered Activities" means those activities described in Chapter 2 of the HCP
covered by the Permit.
2.9. The term "Funding and Management Agreement" or "FMA" shall mean that certain
agreement effective January 1, 2012, to which the Permittees are parties, which provides for the
funding and management of the HCP.
3.0 HABITAT CONSERVATION PLAN
Pursuant to the provisions of Section 10(a)(1)(B) of the ESA, Permittees have prepared a
Habitat Conservation Plan (HCP) and submitted it to the Service with a request that the Service issue a
Permit (Permit) to allow Covered Species to be incidentally taken within th Permit Area as depicted and
described in Section 1.2 of the HCP. The HCP proposes a mitigation program for the subject Covered
Species and their habitats.
4.0 INCORPORATION OF HCP
The HCP and each of its provisions are intended to be, and by this reference are, incorporated
herein. In the event of any direct contradiction between the terms of this Agreement, the Permit, or the
HCP, the terms of the Permit shall control.
5.0 LEGAL REQUIREMENTS
In order to fulfill the requirements that will allow the Service to issue the Permit, the HCP sets
forth measures that are intended to ensure that any take occurring within the Permit Area will be
incidental; that the impacts of the take will, to the maximum extent practicable, be minimized and3
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U.S. Fish and Wildlife Service. Draft Environmental Impact Statement: Edwards Aquifer Recovery Implementation Program, Habitat Conservation Plan, Final Report, Volume 2, report, June 2012; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth654018/m1/5/: accessed June 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.