[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)]
[Notices]
[Pages 63541-63542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30058]
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DEPARTMENT OF THE INTERIOR
Availability of an Environmental Assessment and Receipt of an
Application for an Incidental Take Permit for Operations of ARCO
Western Energy, Kern County, California
AGENCY: Fish and Wildlife, Interior.
ACTION: Notice of availability.
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SUMMARY: This notice advises the public that ARCO Western Energy has
applied to the U.S. Fish and Wildlife Service (Service) for an
incidental take permit pursuant to section 10(a)(1)(B) of the
Endangered Species Act of 1973, as amended (Act). The application has
been assigned permit number PRT-809228. The proposed permit would
authorize the incidental take of the endangered San Joaquin kit fox
(Vulpes macrotis mutica), blunt-nosed leopard lizard (Gambelia silus),
Tipton kangaroo rat (Dipodomys nitratoides nitratoides), giant kangaroo
rat (Dipodomys ingens), San Joaquin woolly threads (Lembertia
congdonii), Kern mallow (Eremalche kernensis) and the threatened
Hoover's eriastrum (Eriastrum hooveri) and/or their habitat during the
implementation of oil exploration activities. The permit will become
effective for the following currently unlisted, covered species if they
are listed under the Act: San Joaquin antelope squirrel
(Ammospermophilus nelsoni), southwestern pond turtle (Clemmys marmorata
pallida), short-nosed kangaroo rat (Dipodomys nitratoides brevinasus),
San Joaquin LeConte's thrasher (Toxostoma lecontei macmillanorum),
western burrowing owl (Athene cunicularia hypugea), slough thistle
(Cirsium crassicaule) and the recurved larkspur (Delphinium
recurvatum).
The Service also announces the availability of an environmental
assessment (EA) for the incidental take permit application, which
includes the proposed habitat conservation plan (HCP) fully describing
the proposed project and mitigation, and the accompanying implementing
agreement (IA). This notice is provided pursuant to section 10(a) of
the Act and National Environmental Policy Act regulations (40 CFR
1506.6). All comments, including names and addresses, received will
become part of the official administrative record and may be made
available to the public.
DATES: Written comments on the permit application, EA and IA should be
received on or before (January 10, 1996).
ADDRESSES: Comments regarding the application or adequacy of the EA and
IA should be addressed to Mr. Joel Medlin, Field Supervisor, U.S. Fish
and Wildlife Service, Sacramento Field Office, 2800 Cottage Way, Room
E-1823, Sacramento, California 95825. Please refer to permit number
PRT-809228 when submitting comments. Individuals wishing copies of the
application, EA or IA for review should immediately contact the above
office (916-979-2725).
FOR FURTHER INFORMATION CONTACT: Mr. Michael Horton or Ms. Jody Brown,
U.S. Fish and Wildlife Service, Sacramento Field Office, 2800 Cottage
Way, Room E-1823, Sacramento, California 95825 (916-979-2725).
SUPPLEMENTARY INFORMATION:
Availability of Documents
Individuals wishing copies of the documents should immediately
contact the Service's Sacramento Field Office at the above referenced
address, or by telephone at (916) 979-2725. Documents will also be
available for public inspection, by appointment, during normal business
hours at the above address.
Background
Section 9 of the Act, and implementing regulations, prohibit the
``taking'' of a species listed as threatened or endangered. However,
the Service, under limited circumstances, may issue permits to take
listed species incidental to, and not the purpose of, otherwise lawful
activities. Regulations governing permits for endangered and threatened
species are promulgated at 50 CFR 17.22 and 17.32, respectively.
ARCO Western Energy proposes to conduct on-going oil production,
operations and transportation activities on approximately 330 acres in
Kern County, California. The age of the field makes routine
maintenance, repair and sometimes replacement of active equipment
necessary. In addition, ARCO Western Energy seeks coverage for
operations and maintenance activities for pipeline, powerline, and
emergency response activities outside of the Coles Levee oil field.
Though the proposed project would remove 330 acres of suitable habitat
for the San Joaquin kit fox, blunt-nosed leopard lizard, Tipton
kangaroo rat, giant
[[Page 63542]]
kangaroo rat, Kern mallow and Hoover's eriastrum, the HCP involves
implementation of measures to minimize effects to the environment by
utilizing previously disturbed lands for construction related
activities to the greatest extent practicable, and designating Habitat
Management Lands to compensate for the loss of natural lands.
Compensation ratios for permanently disturbed habitat areas will be 3:1
(3 acres will be preserved for every 1 acre permanently disturbed); for
areas considered to be temporarily disturbed, a ratio of 1.1:1 will be
used (1.1 acres will be preserved for every 1 acre temporarily
disturbed). In addition, direct harassment of any covered species will
be avoided to the greatest extent practicable.
The EA considers the environmental consequences of four
alternatives. The no project alternative would result in no immediate
environmental impacts. However, state and Federal agencies regulating
oil and gas activities would still require a variety of abandonment
activities to occur over time; these activities may result in take of
listed species. Thus, this alternative may place ARCO in violation of
state and/or Federal regulations while denying ARCO Western Energy the
opportunity to develop, recover and maintain potential oil resources.
For these reasons, this alternative was rejected. Alternative 1, the
proposed action, was selected because: (1) It best satisfies the needs
and purpose of the proposed project; (2) it is likely to result in a
relatively low level of incidental take; (3) impacts are mitigated
through the establishment of the Coles Levee Ecosystem Preserve and the
use of take reduction methods; (4) funding is available for the project
as designed; and (5) high quality compensation habitat is present on
the Coles Levee Ecosystem Preserve. It is anticipated that up to 330
acres of endangered species habitat may be impacted by implementation
of this alternative. Alternative 2 involves the full development of the
Coles Levee area for oil production. It is anticipated that up to 3,000
acres of endangered species habitat may be impacted by implementation
of this alternative. This alternative was rejected because: (1) The
level of incidental take would likely be greater than under the
preferred alternative; (2) the additional level of mitigation funding
is not economically feasible; (3) this intensity of development is not
appropriate at this site based on oil reserves and extraction
techniques. Alternative 3 involves the development of oil production
facilities on an alternative site. This alternative is severely
constrained by the lack of facilities on-site, the costs of
constructing alternative facilities, land purchase, and the likelihood
of any other areas suitable for oil production in this portion of
California having similar endangered species concerns. It is
anticipated that up to 10,000 acres of endangered species habitat may
be impacted by implementation of this alternative. For these reasons
this alternative was rejected.
The Service considers implementation of the proposed HCP in
connection with a section 10(a)(1)(B) permit, to be an effective means
to reconcile oil drilling activities with the section 9 listed species
take prohibition and other conservation mandates under the Act.
This notice is provided pursuant to section 10(a) of the Act and
National Environmental Policy Act of 1969 (NEPA) regulations (40 CFR
1506.6). The Service will evaluate the application, associated
documents, and comments submitted thereon to determine whether the
application meets the requirements of NEPA regulations and section
10(a) of the Act. If it is determined that the requirements are met, a
permit will be issued for the incidental take of the listed species.
The final NEPA and permit determination will be made no sooner than 30
days from the date of this notice.
Dated: December 5, 1995.
Thomas Dwyer,
Deputy Regional Director, Region 1, Portland, Oregon.
[FR Doc. 95-30058 Filed 12-8-95; 8:45 am]
BILLING CODE 4310-55-P
