[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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