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EAHCP Clarifications

In accordance to EAHCP section 9.2.1, it may be necessary for the USFWS and the Applicants to clarify provisions of the HCP, the IA, or the ITP to deal with issues that arise with respect to the administration of the process or the precise meaning and intent of the language contained within those documents. Clarifications do not change the substantive provisions of any of the documents in any way but merely clarify and make more precise the provisions as they exist.

Clarifications to date

• September 23, 2014: Clarification of Condition M of the EAHCP Incidental Take Permit to manage habitat mitigation and restoration activities during low springflow conditions in the San Marcos and Comal spring systems.
Letter of Clarification

• October 24, 2016: Clarification regarding specified vegetation for fountain darter habitat in the Comal River: This clarification involved EAHCP Table 4-1, which provides guidance to the permittees in square meter coverage of specified aquatic vegetation for designated Long-Term Biological Goal (LTBG) reaches for the Comal Springs ecosystem.
Letter of Clarification

• October 24, 2016: Clarification to EAHCP Key Management Objective of “proportional expansion” and creation of “restoration reaches” for the Comal and San Marcos rivers: This clarification involved a Key Management Objective for fountain darter protection, which calls for extending aquatic vegetation restoration “effort” in equal proportion beyond the established LTBG reaches.
Letter of Clarification

• October 24, 2016: Clarification regarding specified vegetation for fountain darter habitat in the San Marcos River: The clarification associated with this request proposed certain changes to Table 4-21, with the justification that the changes were warranted to properly maintain a diverse community of native aquatic vegetation to maximize fountain darter habitat. The changes included the complete removal of all non-native aquatic vegetation and replacing those goals with native vegetation (EAHCP §§ 4.1.1.1 and 4.1.1.2).
Letter of Clarification

• June 13, 2016: SAWS ASR Regional Advisory Committee: EAHCP submitted a letter to the USFWS to clarify that the ASR Regional Advisory Group (EAHCP § 5.5.1) was not limited to quarterly meetings, but could hold meetings as needed, and no less than annually.
Letter of Clarification

• May 28, 2018: Clarification regarding the compensation schedule associated with the Voluntary Irrigation Suspension Program Option (VISPO). Specifically, the ability to deviate from the original VISPO compensation schedule such as to make pricing adjustments to maintain the program’s competitive nature within the regional water market and thus ensure continued full enrollment in the VISPO program for the duration of the ITP.
Letter of Clarification

• November 30, 2022: Clarification regarding the establishment of a TPWD State Scientific Area (SSA) in the Comal Spring System as discussed in Sections 2.7, 5.2.2.2, 5.6.1, 5.8.3.1, and 9.1.1 of the EAHCP. City of New Braunfels’ Code of Ordinances include several sections that limit or prohibit recreation in portions of Landa Lake, the Old Channel of the Comal River and the Mill Race of the Comal River. Due to the implementation of city ordinances, the establishment of an SSA in Landa Lake and Comal River is no longer necessary for these areas.
Letter of Clarification