Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for the Seneca Resources Corporation/Enron Oil and Gas Company West Landslide Habitat Conservation Plan, Kern County, CA

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 Seneca Resources

Corporation/Enron Oil and Gas Company West Landslide 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 the Seneca Resources

Corporation (Seneca) and Enron Oil and Gas Company (Enron) have applied

to the Fish and Wildlife 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 San

Joaquin kit fox (Vulpes macrotis mutica), blunt-nosed leopard lizard

(Gambelia silus), giant kangaroo rat (Dipodomys ingens), California

condor (Gymnogyps californianus), federally listed as endangered, and

Hoover's eriastrum (Eriastrum hooveri), federally listed as threatened.

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), and recurved larkspur (Delphinium

recurvatum), currently unlisted species, should any of them become

listed under the Endangered Species Act in the future. 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, Environmental

Assessment and Implementing Agreement should be received on or before

July 6, 1998.

ADDRESSES: Comments regarding the application or adequacy of the

Environmental Assessment 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,

Environmental Assessment or Implementing Agreement 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: Robert Pine 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 a species listed as

endangered or threatened, respectively. However, the Service may, under

limited circumstances, issue permits to take listed 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.

Background

Seneca Resources Corporation and Enron Oil and Gas Company seek

coverage for take of the federally listed San Joaquin kit fox, blunt-

nosed leopard lizard, giant kangaroo rat, California condor, and

Hoover's eriastrum incidental to exploratory oil well drilling

operations and associated production operations on the 640-acre West

Landslide oil field. The proposed permit also would authorize future

incidental take of the San Joaquin antelope squirrel, short-nosed

kangaroo rat, western burrowing owl, and recurved larkspur, currently

unlisted species, should any of them become listed under the Endangered

Species Act in the future. Collectively the listed and unlisted species

addressed in the Plan are referred to as the ``covered species'' for

the West Landslide project. Authority under the Endangered Species Act

for direct take of California condor is not requested. It is requested

that authority be given for minimal harassment of California condor

that may inadvertently result if condors are ever present in the Plan

Area.

The project will occur in two phases. For Phase 1, Seneca and Enron

will drill an exploratory well on the West Landslide property. Phase I

activities are expected to disturb up to 3.3 acres of land. If the

exploratory well is successful, Phase II will be initiated. For Phase

II, Seneca and Enron will construct and operate up to ten (10)

additional wells and related pipelines, roads, power lines, and a tank

setting. Phase II activities are expected to disturb a maximum of 17.7

acres in addition to the Phase I disturbed area. Therefore, the maximum

area that will potentially be disturbed during both Phase I and Phase

II of the project is 21 acres.

Biological surveys to determine if listed species are present were

not conducted. Instead, Seneca and Enron assumed that species are

present because appropriate habitat is present, and because

distribution mapping indicates that the species could occur on the West

Landslide property. Seneca and Enron concluded that the construction

and operation of oil wells and related infrastructure may result in

incidental take of listed species.

Seneca and Enron will avoid and minimize impacts to listed species

by conducting pre- and post-project surveys, project monitoring and

reporting, and restoration. Detailed avoidance and minimization

measures are presented in the Plan.

In addition, Seneca and Enron will mitigate for habitat

disturbance. Seneca and Enron estimate that approximately 14 acres of

disturbance may be considered permanent and approximately 7 acres of

disturbance may be temporary. Compensation for disturbances considered

permanent will occur at a 3:1 ratio (3 acres preserved for every 1 acre

disturbed). Compensation for temporary disturbances will occur at a

1.1:1 ratio. To compensate for the loss of habitat for the listed

species during Phase I activities, Seneca and Enron propose to fund the

permanent protection and management of 10 acres of similar habitat at

the ARCO Coles Levee Ecosystem Preserve or other Service-approved site.

To compensate for Phase II development, if it is undertaken, Seneca and

Enron propose to fund the permanent protection and management of

between 12 and 53 acres of similar habitat at the ARCO Coles Levee

Ecosystem Preserve or other Service-approved site. In addition, Seneca

and Enron will implement adaptive management measures if a review of

the implemented avoidance, minimization, and mitigation measures

indicate that specific adjustments would be beneficial to listed

species. Seneca and Enron will clean up any oil spills immediately,

deal with fires appropriately, and compensate for any loss of habitat

that occurs in the event

[[Page 30248]]

of a spill or fire with the prescribed mitigation ratios.

The Environmental Assessment considers the environmental

consequences of three alternatives. Alternative one, the proposed

action, consists of the issuance of an incidental take permit to Seneca

and Enron, and implementation of the Habitat Conservation Plan and its

Implementing Agreement. This alternative is preferred because: (1) it

satisfies the purpose and needs of the Service, Seneca, and Enron; (2)

measures have been incorporated to avoid and minimize incidental take

to the greatest practicable extent; and (3) unavoidable impacts are

mitigated by the permanent protection of between 10 to 63 acres of

habitat at an approved preserve site.

Alternative 2 consists of development of oil production facilities

on an alternative site. This alternative was not selected as the

preferred alternative because any other areas suitable for oil

production in this portion of California will have similar listed

species concerns. Under the No Action Alternative, the Service would

not issue an incidental take permit. No oil well development and

production would take place and no incidental take of listed species

would occur. In addition, no habitat would be permanently protected

through purchase of credits at an approved preserve. Therefore the No

Action Alternative was not selected as the preferred alternative.

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 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: May 26, 1998.

Michael J. Spear,

Regional Director, Region 1, Portland, Oregon.

[FR Doc. 98-14667 Filed 6-2-98; 8:45 am]

BILLING CODE 4310-55-P