[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Notices]
[Pages 30247-30248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14667]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of an Environmental Assessment and Receipt of an 
Application for an Incidental Take Permit for the Seneca Resources 
Corporation/Enron Oil and Gas Company West Landslide Habitat 
Conservation Plan, Kern County, CA

AGENCY: Fish and Wildlife Service; Interior.

ACTION: Notice of availability and receipt of application.

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SUMMARY: This notice advises the public that the Seneca Resources 
Corporation (Seneca) and Enron Oil and Gas Company (Enron) have applied 
to the Fish and Wildlife Service for an incidental take permit pursuant 
to section 10(a)(1)(B) of the Endangered Species Act of 1973, as 
amended. The proposed permit would authorize the incidental take of San 
Joaquin kit fox (Vulpes macrotis mutica), blunt-nosed leopard lizard 
(Gambelia silus), giant kangaroo rat (Dipodomys ingens), California 
condor (Gymnogyps californianus), federally listed as endangered, and 
Hoover's eriastrum (Eriastrum hooveri), federally listed as threatened. 
The proposed permit also would authorize future incidental take of the 
San Joaquin antelope squirrel (Ammospermophilus nelsoni), short-nosed 
kangaroo rat (Dipodomys nitratoides brevinasus), western burrowing owl 
(Athene cunicularia hypugea), and recurved larkspur (Delphinium 
recurvatum), currently unlisted species, should any of them become 
listed under the Endangered Species Act in the future. The permit would 
be in effect for 30 years.
    The Service also announces the availability of an Environmental 
Assessment for the incidental take permit application. The application 
includes the proposed Habitat Conservation Plan (Plan) fully describing 
the proposed project and mitigation, and the accompanying Implementing 
Agreement. This notice is provided pursuant to section 10(a) of the 
Endangered Species Act and National Environmental Policy Act 
regulations (40 CFR 1506.6). All comments received, including names and 
addresses, will become part of the official administrative record and 
may be made available to the public.

DATES: Written comments on the permit application, Environmental 
Assessment and Implementing Agreement should be received on or before 
July 6, 1998.

ADDRESSES: Comments regarding the application or adequacy of the 
Environmental Assessment and Implementing Agreement should be addressed 
to the Field Supervisor, Fish and Wildlife Service, Sacramento Fish and 
Wildlife Office, 3310 El Camino, Suite 130, Sacramento, California 
95821-6340. Individuals wishing copies of the application, 
Environmental Assessment or Implementing Agreement for review should 
immediately contact the above office. Documents also will be available 
for public inspection, by appointment, during normal business hours at 
the above address.

FOR FURTHER INFORMATION CONTACT: Robert Pine or Peter Cross, Sacramento 
Fish and Wildlife Office, (916) 979-2728.

SUPPLEMENTARY INFORMATION: Section 9 of the Endangered Species Act and 
Federal regulation prohibit the ``taking'' of a species listed as 
endangered or threatened, respectively. However, the Service may, under 
limited circumstances, issue permits to take listed species incidental 
to, and not the purpose of, otherwise lawful activities. Regulations 
governing permits for threatened species are promulgated in 50 CFR 
17.32; regulations governing permits for endangered species are 
promulgated in 50 CFR 17.22.

Background

    Seneca Resources Corporation and Enron Oil and Gas Company seek 
coverage for take of the federally listed San Joaquin kit fox, blunt-
nosed leopard lizard, giant kangaroo rat, California condor, and 
Hoover's eriastrum incidental to exploratory oil well drilling 
operations and associated production operations on the 640-acre West 
Landslide oil field. The proposed permit also would authorize future 
incidental take of the San Joaquin antelope squirrel, short-nosed 
kangaroo rat, western burrowing owl, and recurved larkspur, currently 
unlisted species, should any of them become listed under the Endangered 
Species Act in the future. Collectively the listed and unlisted species 
addressed in the Plan are referred to as the ``covered species'' for 
the West Landslide project. Authority under the Endangered Species Act 
for direct take of California condor is not requested. It is requested 
that authority be given for minimal harassment of California condor 
that may inadvertently result if condors are ever present in the Plan 
Area.
    The project will occur in two phases. For Phase 1, Seneca and Enron 
will drill an exploratory well on the West Landslide property. Phase I 
activities are expected to disturb up to 3.3 acres of land. If the 
exploratory well is successful, Phase II will be initiated. For Phase 
II, Seneca and Enron will construct and operate up to ten (10) 
additional wells and related pipelines, roads, power lines, and a tank 
setting. Phase II activities are expected to disturb a maximum of 17.7 
acres in addition to the Phase I disturbed area. Therefore, the maximum 
area that will potentially be disturbed during both Phase I and Phase 
II of the project is 21 acres.
    Biological surveys to determine if listed species are present were 
not conducted. Instead, Seneca and Enron assumed that species are 
present because appropriate habitat is present, and because 
distribution mapping indicates that the species could occur on the West 
Landslide property. Seneca and Enron concluded that the construction 
and operation of oil wells and related infrastructure may result in 
incidental take of listed species.
    Seneca and Enron will avoid and minimize impacts to listed species 
by conducting pre- and post-project surveys, project monitoring and 
reporting, and restoration. Detailed avoidance and minimization 
measures are presented in the Plan.
    In addition, Seneca and Enron will mitigate for habitat 
disturbance. Seneca and Enron estimate that approximately 14 acres of 
disturbance may be considered permanent and approximately 7 acres of 
disturbance may be temporary. Compensation for disturbances considered 
permanent will occur at a 3:1 ratio (3 acres preserved for every 1 acre 
disturbed). Compensation for temporary disturbances will occur at a 
1.1:1 ratio. To compensate for the loss of habitat for the listed 
species during Phase I activities, Seneca and Enron propose to fund the 
permanent protection and management of 10 acres of similar habitat at 
the ARCO Coles Levee Ecosystem Preserve or other Service-approved site. 
To compensate for Phase II development, if it is undertaken, Seneca and 
Enron propose to fund the permanent protection and management of 
between 12 and 53 acres of similar habitat at the ARCO Coles Levee 
Ecosystem Preserve or other Service-approved site. In addition, Seneca 
and Enron will implement adaptive management measures if a review of 
the implemented avoidance, minimization, and mitigation measures 
indicate that specific adjustments would be beneficial to listed 
species. Seneca and Enron will clean up any oil spills immediately, 
deal with fires appropriately, and compensate for any loss of habitat 
that occurs in the event

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of a spill or fire with the prescribed mitigation ratios.
    The Environmental Assessment considers the environmental 
consequences of three alternatives. Alternative one, the proposed 
action, consists of the issuance of an incidental take permit to Seneca 
and Enron, and implementation of the Habitat Conservation Plan and its 
Implementing Agreement. This alternative is preferred because: (1) it 
satisfies the purpose and needs of the Service, Seneca, and Enron; (2) 
measures have been incorporated to avoid and minimize incidental take 
to the greatest practicable extent; and (3) unavoidable impacts are 
mitigated by the permanent protection of between 10 to 63 acres of 
habitat at an approved preserve site.
    Alternative 2 consists of development of oil production facilities 
on an alternative site. This alternative was not selected as the 
preferred alternative because any other areas suitable for oil 
production in this portion of California will have similar listed 
species concerns. Under the No Action Alternative, the Service would 
not issue an incidental take permit. No oil well development and 
production would take place and no incidental take of listed species 
would occur. In addition, no habitat would be permanently protected 
through purchase of credits at an approved preserve. Therefore the No 
Action Alternative was not selected as the preferred alternative.
    This notice is provided pursuant to section 10(a) of the Endangered 
Species Act and the National Environmental Policy Act of 1969 
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 the National 
Environmental Policy Act regulations and section 10(a) of the 
Endangered Species 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 permit decision will be made no sooner than 30 days 
from the date of this notice.

    Dated: May 26, 1998.
Michael J. Spear,
Regional Director, Region 1, Portland, Oregon.
[FR Doc. 98-14667 Filed 6-2-98; 8:45 am]
BILLING CODE 4310-55-P