[Federal Register Volume 89, Number 103 (Tuesday, May 28, 2024)]
[Notices]
[Pages 46153-46155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11655]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2024-0061; FXES11140800000-234-FF08EVEN00]


Receipt of Incidental Take Permit Application for Participation 
in the General Conservation Plan for Oil and Gas Activities; Draft 
Categorical Exclusion for the California Lease Remediation North Cat 
Canyon Oil Field Project; Santa Barbara County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 
receipt of an application from California Resources Corporation for an 
incidental take permit (ITP), pursuant to the Endangered Species Act, 
under the approved General Conservation Plan for Oil and Gas Activities 
(GCP). If granted, the ITP would authorize take of the California red-
legged frog (Rana draytonii) and the Santa Barbara County distinct 
population segment (DPS) of the California tiger salamander (Ambystoma 
californiense), incidental to excavation and remediation of soils 
contaminated with hydrocarbons and restoration on the California (CAL) 
Lease (Site) within the North Cat Canyon Oil Field east of Santa Maria, 
California. The Service prepared a draft screening form in accordance 
with the National Environmental Policy Act to evaluate the potential 
effects of the specific project to the natural and human environment 
resulting from issuing an ITP to the applicant. We invite the public 
and local, State, Tribal, and Federal agencies to comment on the draft 
screening form and the Service's preliminary determination that the 
proposed permitting action may be eligible for a categorical exclusion 
pursuant to the Council on Environmental Quality's National 
Environmental Policy Act (NEPA) regulations, the Department of the 
Interior's (DOI) NEPA regulations, and the DOI Departmental Manual.

DATES: We must receive your written comments on or before June 27, 
2024.

ADDRESSES: 
    Obtaining Documents: The document this notice announces (draft 
screening form), as well as any comments and other materials that we 
receive, will be available for public inspection online in Docket No. 
FWS-R8-ES-2024-0061at https://www.regulations.gov. The approved GCP and 
the associated final environmental assessment/finding of no significant 
impact are also available on that site. However, we are no longer 
taking comments on those finalized, approved documents.
    Submitting Comments: If you wish to submit comments, you may do so 
in writing by one of the following methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments on Docket No. FWS-R8-ES-2024-0061.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2024-0061; U.S. Fish and Wildlife

[[Page 46154]]

Service, MS: PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Joseph Brandt, Assistant Field 
Supervisor, by email at [email protected], via phone at 805-644-
1766, or by U.S. mail at the Ventura Fish and Wildlife Office, 2493 
Portola Road, Suite B, Ventura, CA 93003. Individuals in the United 
States who are deaf, deafblind, hard of hearing, or have a speech 
disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce receipt of an application from California Resources 
Corporation for an incidental take permit (ITP), pursuant to the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.), under the approved General Conservation Plan for Oil and Gas 
Activities (GCP). A GCP is a mechanism that meets the definition of a 
conservation plan in section 10(a)(1)(B) of the ESA and enables the 
construct of a programmatic permitting and conservation process to 
address a defined suite of proposed activities over a defined planning 
area. The application for an incidental take permit was made pursuant 
to section 10(a)(1)(B) of the ESA. The ITP, if granted, would authorize 
take of the federally threatened California red-legged frog (Rana 
draytonii) and the federally endangered Santa Barbara County distinct 
population segment (DPS) of the California tiger salamander (Ambystoma 
californiense) incidental to activities associated with the soil 
remediation for on the California (CAL) Lease (Site) within the North 
Cat Canyon Oil Field in Santa Maria, California. The permit would be 
issued to the applicant under the GCP for Oil and Gas Activities, which 
was approved on June 27, 2022. Prior to approval, a notice of 
availability of the draft programmatic environmental assessment (EA) 
and GCP published on March 6, 2020 (85 FR 13181). The approved GCP and 
the associated final programmatic environmental assessment/finding of 
no significant impact are available on the Ventura Fish and Wildlife 
Office web page at https://www.fws.gov/media/habitat-conservation-plans-and-general-conservation-plans. We have also uploaded them to 
https://www.regulations.gov. However, we are no longer taking comments 
on these finalized, approved documents.

Document for Public Comment

    We invite public comment on a draft screening form we prepared in 
accordance with the National Environmental Policy Act of 1969 (NEPA; 42 
U.S.C. 4321 et seq.), and on our preliminary determination that this 
proposed ITP may qualify for a categorical exclusion pursuant to the 
Council on Environmental Quality's National Environmental Policy Act 
(NEPA) regulations (40 CFR 1501.4), the Department of the Interior's 
(DOI) NEPA regulations (43 CFR 46), and the DOI's Departmental Manual 
(516 DM 8.5(C)(2)).

Background

    The Service listed the California red-legged frog as threatened on 
May 23, 1996 (61 FR 25813), and the Santa Barbara County DPS of the 
California tiger salamander as endangered on September 21, 2000 (65 FR 
57242). Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as threatened or endangered (16 U.S.C. 1538), where take 
is defined to include the following activities: ``to harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to 
attempt to engage in any such conduct'' (16 U.S.C. 1532). Under section 
10(a)(1)(B) of the ESA (16 U.S.C. 1539(a)(1)(B)), we may issue permits 
to authorize take of listed fish and wildlife species that is 
incidental to, and not the purpose of, carrying out an otherwise lawful 
activity. Regulations governing incidental take permits for endangered 
and threatened species are in the Code of Federal Regulations (CFR) at 
50 CFR 17.22 and 17.32, respectively. Issuance of an ITP also must not 
jeopardize the existence of federally listed fish, wildlife, or plant 
species. The permittee would receive assurances under our ``No 
Surprises'' regulations (50 CFR 17.22(b)(5) and 17.32(b)(5)).

Applicant's Proposed Activities

    The applicant has applied for a permit for incidental take of 
California red-legged frog and California tiger salamander. The take 
would occur in association with activities necessary to remediate soil 
contaminated with hydrocarbons at the CAL Site within the North Cat 
Canyon Oil Field in Santa Maria, California. The project will excavate 
contaminated soils at three distinct remedial areas, A5-01, B5-02/B5-
03, and B6-03 at the CAL Site. Based on initial investigations, 
approximately 4,926 cubic yards of soil will be excavated with 25 feet 
set as the maximum depth for excavation. Excavated material will be 
transported to a State of California licensed disposal facility. 
Dewatering activities may also be conducted if perched groundwater is 
encountered in the excavations. The applicant will return all excavated 
areas to its original grade and revegetate them with native seed mix. 
The project area does not contain California red-legged frog breeding 
habitat however, an ephemeral drainage within the project area may 
provide a movement corridor during winter months. Nearest known 
location of California red-legged frogs is within 5-miles of the 
project site. Additionally, a potential California tiger salamanders 
breeding pond occurs within 0.7 miles of the project site, making the 
project site potential California tiger salamander upland habitat. The 
proposed soil remediation would require excavating contaminated soils, 
which will result in impacts to burrowing and dispersal habitat as well 
as the potential for direct injury or mortality from crushing for both 
species.
    The project includes minimization measures for the California red-
legged frog and California tiger salamander and mitigation for 
unavoidable impacts to the species and its habitat. The applicant has 
proposed a one-time fixed payment of $13,050 to the California red-
legged frog mitigation account managed by the National Fish and 
Wildlife Foundation to compensate for unavoidable impacts to the 
California red-legged frog. To mitigate for impacts to the California 
tiger salamander, the applicant proposes to purchase 1.25 credits from 
the Service-approved La Purisima Conservation Bank located in Santa 
Barbara County, California.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment, including your personal identifying 
information, may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public view, we cannot guarantee that we will be able 
to do so.

Authority

    The Service provides this notice under section 10(c) of the 
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing 
regulations (50 CFR 17.32) and the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.) and

[[Page 46155]]

its implementing regulations (40 CFR 1500-1508 and 43 CFR 46).

Stephen P. Henry,
Field Supervisor, Ventura Fish and Wildlife Office, Ventura, 
California.
[FR Doc. 2024-11655 Filed 5-24-24; 8:45 am]
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