[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)] [Notices] [Pages 54699-54700] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-26444] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for the 27G Pipeline Replacement Project, Kern County, California AGENCY: Fish and Wildlife, Interior. ACTION: Notice of Availability. ----------------------------------------------------------------------- SUMMARY: This notice advises the public that Chevron Pipeline Company 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 [[Page 54700]] amended (Act). The application has been assigned permit number PRT- 807634. The proposed permit would authorize the incidental take of the endangered San Joaquin kit fox (Vulpes macrotis mutica), blunt-nosed leopard lizard (Gambelia silus), giant kangaroo rat (Dipodomys ingens), San Joaquin woollythreads (Lembertia congdonii), California jewelflower (Caulanthus californicus), Kern mallow (Eremalche kernensis) and the threatened Hoover's eriastrum (Eriastrum hooveri) and/or their habitat during the implementation of the pipeline replacement activities. The permit will become effective for the following currently unlisted, covered species if they are listed under the Act: San Joaquin whipsnake (Masticophis flagelium ruddocki), short-nosed kangaroo rat (Dipodomys nitatoides brevinasus), San Joaquin pocket mouse (Perognathus inoratus), Tulare grasshopper mouse (Onychomys torridus tulerensis), San Joaquin LeConte's thrasher (Toxostoma lecontei macmillanorum), western burrowing owl, (Athene cunicularia hypugea), oil nest straw (Stylocline citroiem), forked fiddleneck (Amsinckia vernicosa) and heart scale (Atriplex cordulata). 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 November 24, 1995. ADDRESSES: Comments regarding the application or adequacy of the HCP, 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-807634 when submitting comments. FOR FURTHER INFORMATION CONTACT: Mr. Michael Horton or Ms. Sheila Larsen, U.S. Fish and Wildlife Service, Sacramento Field Office (address above), telephone (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 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. Chevron Pipeline Company proposes to replace the pipeline located in Kern County, Sections 27, 29, 31, 32, and 33, T31S, R24E, and Section 1, T32S, R23E, MDB&M. The pipeline construction corridor is 50 feet wide and 22,240 feet long, covering an area of approximately 25.5 acres, entirely within the sections listed above. The HCP boundary is the same as the pipeline corridor. In the eastern half of the proposed pipeline route, the pipeline will be installed under an existing paved road; the western half of the pipeline route consists of an existing pipeline right-of-way characterized by disturbed saltbush scrub habitat. Project activities may result in take of covered species and temporary disturbance to their habitats within the 25.5-acre project area. The proposed project will temporarily disturb the San Joaquin kit fox, blunt-nosed leopard lizard, giant kangaroo rat, San Joaquin woollythreads, California jewelflower, Kern mallow and the threatened Hoover's eriastrum and/or their habitat during the implementation of the pipeline replacement activities. 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 land lost. Chevron Pipeline Company will dedicate 28 acres of land in Chevron Corporation's Lokern Land Bank, or another approved land bank in consultation with the Service, for preservation in perpetuity. In addition, direct harassment of covered species will be avoided to the greatest extent practicable. The EA considers the environmental consequences of three alternatives. The no action alternative may result in the accidental release of crude oil, which would have adverse impacts on the surrounding habitat. The no action alternative also would likely result in an increased amount of maintenance activity and consequently, an increased amount of disturbance. Alternative 3 would involve similar construction activities in a project area south of the proposed route. The alternative route is less developed and would, therefore, have a greater potential for take of listed or candidate species. Both alternatives have been thoroughly reviewed and eliminated from further consideration because they would have the potential for greater adverse environmental impacts in both 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. 95-26444 Filed 10-24-95; 8:45 am] BILLING CODE 4310-55-P