[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]
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