[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)]
[Notices]
[Pages 54700-54701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26440]



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DEPARTMENT OF THE INTERIOR

Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for the Vintage Petroleum 
Inc.'s Two Exploratory Well Site Locations, Kern County, CA

AGENCY: Fish and Wildlife, Interior.

ACTION: Notice of availability.

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SUMMARY: This notice advises the public that Vintage Petroleum Inc. 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-807633. The proposed permit would 

[[Page 54701]]
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), San Joaquin 
woollythreads (Lembertia congdonii), California jewelflower (Caulanthus 
californicus), Kern mallow (Eremalche kernensis or E. parryi ssp. 
kernensis) and the threatened Hoovers eriastrum (Eriastrum hooveri) 
and/or their habitat during the implementation of oil drilling 
activities.
    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).

DATES: Written comments on the permit application, EA and IA should be 
received on or before November 24, 1995

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-807633 when submitting comments.

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 its implementing regulations, prohibits 
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 threatened and endangered 
species are promulgated at 50 CFR 17.22 and 17.32.
    Vintage Petroleum Inc. is proposing to drill two exploratory oil 
wells to determine whether the suspected oil reserves actually exist. 
Many of the oil fields in Kern County are nearing the end of their 
productivity. Therefore, efforts to continue oil recovery are becoming 
more difficult, often requiring steam injection or other means to 
extract trapped oil. However, because of advancements in technology, 
previously unidentified strata may now be mapped and identified. By 
drilling an exploratory well, it can be determined whether or not the 
oil reservoirs are sufficient for the well to be commercially 
productive. Though the proposed project would remove 5 acres of 
suitable habitat for the San Joaquin kit fox, blunt-nosed leopard 
lizard, Tipton kangaroo rat, San Joaquin woollythreads, California 
jewelflower, Kern mallow and Hoovers eriastrum, the HCP involves 
implementation of measures to minimize effects to the environment by 
utilizing existing roadways for all construction related activities, 
and designating Habitat Management Lands to compensate for the natural 
lands lost. Compensation ratios for permanently disturbed habitat areas 
will be 3:1 (3 acres preserved for every 1 acre permanently disturbed); 
for areas considered to be temporarily disturbed, a ratio of 1.1 will 
be used (1.1 acres preserved for every 1 acre temporarily disturbed). 
In addition, direct harassment of any endangered species will be 
avoided to the greatest extent practicable.
    The EA considers the environmental consequences of three 
alternatives. The no action alternative would result in no immediate 
environmental impacts, but was rejected because it would deny Vintage 
Petroleum Inc. the opportunity to develop and recover potential oil 
resources at this site. Alternative 1 would relocate the well center to 
an area where disturbance and associated impacts will be reduced. This 
alternative, however, may not be feasible dependant upon drilling 
limitations, distance the well hole would be moved, and the potential 
to hit the predicted oil reservoirs below. Moving the well location 
could result in a greater loss of habitat as well as impacts to 
threatened and endangered species. This alternative has been thoroughly 
reviewed and eliminated from further consideration because it would 
have the potential for greater adverse ground impacts in the short and 
long term. 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(c) 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: October 18, 1995.
William F. Shake,
Acting Deputy Regional Director, Region 1, Portland, Oregon.
[FR Doc. 95-26440 Filed 10-24-95; 8:45 am]
BILLING CODE 4310-55-P