[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]



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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.

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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]
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