[Federal Register Volume 63, Number 216 (Monday, November 9, 1998)]
[Notices]
[Pages 60368-60370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29902]


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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 Nuevo Energy Company/
Torch Operating Company 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 Nuevo Energy Company 
(Nuevo) and Torch Operating Company (Torch) have applied to the 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. The proposed permit would authorize the incidental take of 5 
listed animal species and the future incidental take, should it become 
necessary, of 4 listed plant species, 9 unlisted animal species, and 7 
unlisted plant species, resulting from oil and gas production in Kern 
County, California. 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 and Environmental 
Assessment should be received on or before December 9, 1998.

ADDRESSES: Comments regarding the application or adequacy of the 
Environmental Assessment, Habitat Conservation Plan, 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 or Environmental Assessment 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: Susan Jones 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 fish and wildlife species 
listed as endangered or threatened, respectively. That is, no one may 
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or 
collect listed animal species, or attempt to engage in such conduct (16 
U.S.C. 1538). However, the Service may, under limited circumstances, 
issue permits to take listed fish and wildlife 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.
    Section 9 of the Endangered Species Act generally does not prohibit 
take of federally listed plants on private lands unless the take or 
action resulting in take would violate State law. Nuevo/Torch have 
requested a permit for plants to the extent that their take would be a 
violation of the Endangered Species Act. Impacts to listed plants also 
must be addressed in the intra-Service consultation required pursuant 
to section 7(a) of the Endangered Species Act.

Background

    The Plan addresses parcels totaling approximately 21,800 acres in 
western Kern County to which Nuevo/Torch holds various rights. The Plan 
does not address Nuevo/Torch mineral interests on Bureau of Land 
Management land. While the Plan Area covered by the Nuevo/Torch Plan is 
21,800 acres, Nuevo/Torch estimates that only about 1,700 acres will be 
subject to permanent disturbance. The proposed activities addressed by 
the Plan include oil and gas production operations; construction, 
maintenance and/or abandonment of oil field equipment; maintenance and 
inspection of oil field equipment as required by certain regulatory 
agencies; and any activity required to mitigate an emergency situation, 
or effects of an emergency situation.
    The listed species addressed in the proposed permit are the giant 
kangaroo rat (Dipodomys ingens), Tipton kangaroo rat (Dipodomys 
nitratoides nitratoides), blunt-nosed leopard lizard (Gambelia silus), 
San Joaquin kit fox (Vulpes macrotis mutica), and the California condor 
(Gymnogyps californianus), federally listed as endangered. 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), San Joaquin LeConte's thrasher (Toxostoma 
lecontei macmillanorum), mountain plover (Charadrius montanus), 
California horned lizard (Phynosoma coronatum frontale), San Joaquin 
coachwhip

[[Page 60369]]

(Masticophis flagellum ruddocki), Tulare grasshopper mouse (Onychomys 
torridus tularensis), and San Joaquin pocket mouse (Perognathus 
inornatus inornatus), currently unlisted species, should any of them 
become listed under the Endangered Species Act in the future while the 
permit is in effect. Nuevo/Torch has not requested authority under the 
Endangered Species Act for direct take of California condor. Rather, 
the applicants have requested that authority be given for minimal 
harassment of California condors that may inadvertently result if 
condors ever occur in the Plan Area.
    Additionally, the Plan addresses avoidance, minimization, and 
mitigation for impacts to listed and unlisted plant species. These 
species are the Kern mallow (Eremalche kernensis), San Joaquin woolly-
threads (Lembertia congdonii), and Bakersfield cactus (Opuntia 
basilaris treleasei), federally listed as endangered, and Hoover's 
eriastrum (Eriastrum hooveri), federally listed as threatened. The 
unlisted plant species are the recurved larkspur (Delphinium 
recurvatum), slough thistle (Cirsium crassicaule), oil neststraw 
(Stylocline citroleum), heartscale (Atriplex cordulata), Lost Hills 
crownscale (Atriplex vallicola), lesser saltscale (Atriplex minuscula), 
and brittlescale (Atriplex depressa). Collectively the listed and 
unlisted animal and plant species addressed in the Plan are referred to 
as the ``covered species'' for the Nuevo/Torch lands.
    The Nuevo/Torch Plan is a three-fold program which includes: (1) 
Compensation, (2) avoidance and minimization of take, and (3) 
management of conservation lands. The compensation strategy for take 
resulting from the permanent disturbance of habitat is based on 
dividing Nuevo/Torch lands into four zones by a combination of habitat 
quality and land use. These zones are the Oil Zone, White Zone, Green 
Zone, and Red Zone, and are based on conservation value. The Oil Zone 
includes land within the administrative oil and gas field boundaries 
used by the California Division of Oil, Gas and Geothermal Resources. 
Within the Oil Zone, there is an inner area, known as the Oil Zone-
Productive Area, where the currently producing wells are located and, 
because of the high intensity of production, where habitat value is 
generally low. That part of the Oil Zone which is outside the Oil Zone-
Productive Area is known as the Oil Zone-Step-out Area. The Oil Zone-
Step-out Area, where future oil development may occur, has much more 
limited current development and generally higher habitat value than the 
Oil Zone-Productive Area. The White Zone includes agricultural land and 
other areas with low habitat value; the Green Zone includes land with 
moderate habitat value that provides valuable linkage and corridor 
routes; and the Red Zone includes land with high habitat value.
    While the habitat value of some Oil Zone land is such that it could 
be classified as Green or Red Zone land, the Oil Zone designation 
overrides the habitat value of the land, and the land is considered Oil 
Zone land for purposes of the Nuevo/Torch Plan. Most of the proposed 
activities covered by the Nuevo/Torch Plan are anticipated to take 
place in the Oil Zone-Productive Area. No compensation will be provided 
for permanent disturbance in the Oil Zone-Productive Area. Compensation 
for permanent disturbance in the Oil Zone-Step-out Area will be 
provided at the same rate as for White Zone land.
    Nuevo/Torch will compensate for permanent habitat disturbance 
within the White, Green, and Red Zones by preserving high habitat value 
Red Zone land in the Lokern Natural Area in perpetuity. Funds will be 
set aside for initial improvements and long term care of preserve lands 
as the land is set aside to compensate for specific projects. For lands 
outside the Oil Zone, the Nuevo/Torch Plan assigns ``conservation 
credits'' for each acre of land disturbed and each acre acquired for 
preservation, based on the zone in which it is located. Lands in the 
Red Zone are valued at 3 credits/acre, lands in the Green Zone are 
valued at 2 credits/acre, and lands in the White Zone and the Oil Zone-
Step-out Area are valued at 1 credit/acre. Compensation will be 
provided in a ratio of 3 acres of preserved land to every 1 acre of 
disturbed land. For example, if one acre of Red Zone land is 
permanently disturbed, then 3 acres of Red Zone land will be preserved 
in perpetuity as compensation. If 1 acre of White Zone land is 
permanently disturbed, then one third of an acre of Red Zone land will 
be preserved in perpetuity as compensation.
    Nuevo/Torch estimates that 1,700 acres of habitat will be 
permanently disturbed, and that 81 percent of that disturbance will be 
in the Oil Zone-Productive Area. The remaining 29 percent of the 
disturbance will affect 493 acres, and be compensated for with a total 
of 833 Red Zone acres.
    Nuevo/Torch will designate properties in the Lokern Natural Area as 
a preserve for use as compensation for permanent habitat disturbance. 
Three properties controlled by Nuevo/Torch in the Red Zone, the 
Mallett, Kimble, and Ransower-Vitelle properties, total 839.9 acres and 
would be set aside as preservation land as projects occur that require 
compensation. Nuevo/Torch will manage all three properties as preserve 
land upon initiation of the Nuevo/Torch Plan.
    Nuevo/Torch will implement extensive avoidance and minimization 
measures which address both animal and plant species in all zones 
except the Oil Zone. Strict avoidance measures for covered species will 
be enforced by the Nuevo/Torch Environmental Department. Specific take 
avoidance measures are presented in Section 5 of the Nuevo/Torch Plan. 
Nuevo/Torch also will follow the Best Management Practices outlined in 
Section 5 in order to minimize effects on wildlife. In addition, Nuevo/
Torch will conduct annual monitoring of both disturbed land and 
preservation land and provide reports to the Service and the California 
Department of Fish and Game.

Environmental Assessment

    The Environmental Assessment considers the environmental 
consequences of five alternatives. Alternative 1, the proposed action, 
consists of the issuance of an incidental take permit to Nuevo/Torch, 
and implementation of the Plan and its Implementing Agreement. 
Alternative 2 consists of development of oil and gas facilities on the 
proposed preserve lands in the Lokern Natural Area. The level of 
incidental take under Alternative 2 would likely be greater than under 
the proposed action. Alternative 3 consists of development of oil 
production facilities on an alternative site which would have listed 
species concerns similar to the proposed action. Because of the 
presence of listed species on the lands associated with alternatives 2 
and 3, an incidental take permit would be required for selection and 
implementation of either alternative. Alternative 4 consists of waiting 
until the Kern County Valley Floor Habitat Conservation Plan is 
approved. Under Alternative 5, the No Action Alternative, the Service 
would not issue an incidental take permit.
    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

[[Page 60370]]

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: November 3, 1998.
Michael J. Spear,
Manager, California/Nevada Operations Office, Fish and Wildlife 
Service, Region 1, Sacramento, California.
[FR Doc. 98-29902 Filed 11-6-98; 8:45 am]
BILLING CODE 4310-55-P