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Preparation of an Environmental Impact Statement for Issuance of Incidental Take Permits Associated With a Habitat Conservation Plan for the Kern Valley Floor, CA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 31, 2002 (Volume 67, Number 211)]
[Notices]
[Page 66413-66415]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc02-62]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Preparation of an Environmental Impact Statement for Issuance of
Incidental Take Permits Associated With a Habitat Conservation Plan for
the Kern Valley Floor, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent.
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SUMMARY: Pursuant to the National Environmental Policy Act, the Fish
and Wildlife Service (Service) advises the public that we intend to
gather information necessary to prepare, in coordination with Kern
County, a joint Environmental Impact Statement /Environmental Impact
Report (EIS/EIR) on the Kern County Valley Floor Habitat Conservation
Plan (Plan). The Plan covers an area of 3,110 square miles (1,990,400
acres) of the Valley Floor in Kern County, California. Kern County and
others intend to request Endangered Species Act permits for 11 species
federally listed as threatened or endangered and 17 unlisted species
that may become listed during the term of the permits. The permits are
needed to authorize take of listed species that could occur as a result
of urban and oil field development, and associated facilities.
The Service provides this notice to: (1) Describe the proposed
action and possible alternatives; (2) advise other Federal and State
agencies, affected Tribes, and the public of our intent to prepare an
EIS/EIR; (3) announce the initiation of a public scoping period; and
(4) obtain suggestions and information on the scope of issues to be
included in the EIS/EIR. While written comments are encouraged, we will
accept both written and oral comments at the meetings. In addition, you
may submit written comments by mail or facsimile transmission.
DATES: Public meetings will be held on the following dates: (1)
November 19, 2002, 2 p.m. to 4 p.m., Taft, California; and (2) November
19, 2002, 7 p.m. to 9 p.m., Bakersfield, California. Written comments
should be received on or before December 2, 2002.
ADDRESSES: The meeting locations are: (1) Taft-218 Taylor Street, Taft
Veteran's Hall, Room #1; and (2) Bakersfield-2700 M Street,
Kern County Public Services Building, First Floor Conference Room.
Information, written comments, or questions related to the preparation
of the EIS/EIR and the National Environmental Policy Act process should
be submitted to Vicki Campbell, Division Chief, Conservation Planning,
U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office,
2800 Cottage Way, W-2605, Sacramento, California 95825; FAX (916) 414-
6713.
FOR FURTHER INFORMATION CONTACT: Sheila Larsen, Fish and Wildlife
Biologist, or Vicki Campbell, Division Chief, Conservation Planning, at
the Sacramento Fish and Wildlife Office at (916) 414-6600.
SUPPLEMENTARY INFORMATION:
Reasonable Accommodation
Persons needing reasonable accommodations in order to attend and
participate in the public meetings should contact Vicki Campbell at
(916) 414-6600 as soon as possible. In order to allow sufficient time
to process requests, please call no later than one week before the
hearing. Information regarding this proposed action is available in
alternative formats upon request.
Background
Section 9 of the Act and Federal regulation prohibit the ``take''
of animal species listed as endangered or threatened. Take is defined
under the Act as harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture or collect listed animal species, or attempt to engage in such
conduct (16 U.S.C. 1538). However, under limited circumstances, the
Service may issue permits to authorize ``incidental take'' of
[[Page 66414]]
listed animal species. ``Incidental take'' is defined by the Act as
take that is incidental to, and not the purpose of, carrying out an
otherwise lawful activity. Regulations governing permits for threatened
species and endangered species, respectively, are at 50 CFR 17.32 and
50 CFR 17.22.
The Plan will address incidental take of 28 covered species
(species for which incidental take authorization is requested). These
include the federally listed as endangered blunt-nosed leopard lizard
(Gambelia sila), Tipton kangaroo rat (Dipodomys nitratoides
nitratoides), giant kangaroo rat (Dipodomys ingens), San Joaquin kit
fox (Vulpes macrotis mutica), Buena Vista Lake shrew (Sorex ornatus
relictus), California jewelflower (Caulanthus californicus), Kern
mallow (Eremalche kernensis), San Joaquin woolly threads (Monolopia
congdonii), Bakersfield cactus (Opuntia basilaris var. treleasei), and
the threatened Hoover's eriastrum (Eriastrum hooveri), San Joaquin
Adobe Sunburst (Pseudobahia peirsonii), and 17 currently unlisted
species and their habitats.
The proposed geographic area to be included in the Plan can be
generally described as that portion of the San Joaquin Valley floor
within Kern County, bounded by San Luis Obispo County to the west,
Kings and Tulare counties to the north, and the 2,000-foot elevation
contour to the east and south. On the west side, portions of the Plan
area are at elevations greater than 2,000 feet. The project area
includes approximately 3,110 square miles (1,990,400 acres). The Plan
excludes several areas that are covered under separate conservation
planning efforts. Excluded areas include the Coles Levee Ecosystem
Preserve, Elk Hills (formerly Naval Petroleum Reserve in California No.
1), Buena Vista Naval Petroleum Reserve in California No. 2, and the
area covered by the existing Metropolitan Bakersfield Habitat
Conservation Plan. However, the Plan will include oil and gas
production activities within the Metropolitan Bakersfield Habitat
Conservation Plan area, as those activities were not authorized for
take under the Metropolitan Bakersfield Habitat Conservation Plan. Oil
and gas production activities will occur within 497,176 acres in the
Plan area, as well as 90,083 acres in the Metropolitan Bakersfield
Habitat Conservation Plan area.
Under the Plan, effects of urbanization and other activities are
expected to be minimized and mitigated through participation in the
conservation program, which will be described in the Plan. The focus of
this conservation program is to provide long-term protection of covered
species by protecting biological communities in the Plan area,
including nonnative grasslands, valley saltbush scrub, and valley sink
scrub. The proposed major conservation components are described below.
Habitat Zones. The valley floor is broken up into three zones: Red
Zone (128,594 acres), Green Zone (774,348 acres), and White Zone
(1,087,241 acres). These habitat zones establish conservation priority
of lands within the Plan area based on the relative conservation value
of the habitat found in each zone. There are eight individual Red Zones
ranging from 480 to 50,160 acres. The Red Zones contain the highest
quality habitat for covered species. A number of rare plant occurrences
are also found in the Red Zones. The Green Zone has the second highest
habitat quality and generally includes areas around the western,
southern, and eastern edges of the Plan area. The White Zone contains
approximately 55 percent of the total Plan area. The White Zone
generally has less valuable habitat and occurs throughout the central
and eastern portions of the valley floor and is composed mostly of
lands in active agriculture. These habitat zones serve as the basis for
the Compensation Framework.
Compensation Framework and Options. The Compensation Framework is a
compensate-as-you-go approach that encourages conservation of Red Zone
and Green Zone habitats and creates a system of conservation credits
based on habitat quality. Credits are created by willing landowners and
purchased by project proponents on a free market basis. Except in
limited circumstances, White Zone land will not qualify for
conservation preserves.
Several compensation options are described in the Plan. The first
option, Direct Fee Payment, would allow project proponents to pay a
predetermined fee to Kern County to purchase conservation credits. The
County would then pool those fees to obtain conservation lands through
either fee title, purchase of conservation easements, or a combination
of both.
The second option, Industry/Agency Conservation Strategy, would
address incidental take of covered species that may occur as a result
of certain activities associated with major land uses (e.g., oil and
gas, water systems, urban development, and public infrastructure).
Within this option, three strategies are proposed for dealing with oil
field development, urban development, and public infrastructure
development. Within the Red Zone all cumulative development cannot
exceed 10 percent. The oil strategy proposes an up-front, one-time
compensation for continued oil field development within the
administrative boundaries of the California Division of Oil, Gas, and
Geothermal Resources (DOGGR) defined oil fields. The one-time
compensation would provide 3,000 acres of compensation for future oil
activities associated with 1,000 new wells (approximate 3 acres of
disturbance per oil well) within the ``step out'' areas defined by
DOGGR. The urban development strategy would allow certain permitted
activities, and place a limit on the size of individual projects.
Permitted activities would include residential development, commercial
development; industrial development, private recreational facilities;
miscellaneous facilities associated with urbanization, and electrical
generating facilities supplying urban power. The strategy for public
infrastructure would include certain activities undertaken by various
departments of Kern County and special districts. The Water District
Strategy allows operating and maintenance activities, and certain Water
District development projects to be undertaken.
The third option, Direct Negotiation, would allow a project
proponent to address compliance, under the Endangered Species Act of
1973, as amended, and the California Endangered Species Act,
independent of this Plan.
The Plan also contains take avoidance and minimization measures
that include, but are not limited to, relocation of individuals from
the project site, avoidance of active San Joaquin kit fox natal dens,
hand excavation of San Joaquin kit fox non-natal dens, and avoidance of
active kangaroo rat burrow complexes by 50 feet. Safety Nets would also
be established to ensure that no more than 10 percent disturbance would
be allowed in each Red Zone; disturbance in the Green Zone would not
exceed 25 percent; and a minimum width of 1 mile of connection between
occurrences of contiguous natural habitat would be maintained
throughout the Red and Green Zones. Safety Nets are also part of the
Rare Plant Conservation Strategy designed to protect specific plant
species with localized and restricted distributions.
Environmental Impact Statement/Report
Kern County and the Service have selected URS Corporation to
prepare the Draft EIS/EIR. The joint document will
[[Page 66415]]
be prepared in compliance with the National Environmental Policy Act
and the California Environmental Quality Act. Although URS Corporation
will prepare the EIS/EIR, the Service will be responsible for the scope
and content of the document for National Environmental Policy Act
purposes, and the County will be responsible for the scope and content
of the document for California Environmental Quality Act purposes.
The EIS/EIR will consider the proposed action (issuance of section
10(a)(1)(B) Endangered Species Act permits), and a reasonable range of
alternatives. Potential alternatives may include a compensation ratio
unique to each of the three zones for habitat disturbance, assigning a
relative conservation credit value per acre within each habitat zone,
and a no action alternative. Under the compensation ratio alternative,
the Red Zone lands would have a compensation ratio of 9:1; the Green
Zone, 6:1; and the White Zone, 3:1. Compensation, in the form of
habitat protection, would be in place prior to impacts. Under the
conservation credit value alternative, a compensation ratio of not more
than 3:1, based on conservation credits, would be used to determine
compensatory requirements. Credits would be generated by the permanent
preservation of habitat, restoration, granting of conservation
easements, and other measures. The value of the credits and the amount
of required compensation would be based on the conservation value of
the land preserved and impacted, respectively. Under the no action
alternative, the Service would not issue section 10(a)(1)(B) permits.
Potentially significant impacts on biological resources, land use,
air quality, water quality, mineral resources (oil and gas), water
resources (treatment, storage, and conveyance systems), and economics
could occur directly or indirectly with implementation of the proposed
action and alternatives. Land development could cause incidental take
of federally listed species for which the Plan proposes to provide a
method of compensation that could achieve protection of covered species
through habitat conservation. Also, the proposed Habitat Zones could
potentially influence development patterns and associated land use
decisions, oil and gas activities, and development of water systems
within the affected area. For all potentially significant impacts, the
EIS/EIR will identify mitigation measures where feasible.
Environmental review of the Plan will be conducted in accordance
with the requirements of the 1969 National Environmental Policy Act, as
amended (42 U.S.C. 4321 et seq.), its implementing regulations (40 CFR
parts 1500-1508), other applicable regulations, and Service procedures
for compliance with those regulations. This notice is being furnished
in accordance with Section 1501.7 of the National Environmental Policy
Act to obtain suggestions and information from other agencies and the
public on the scope of issues to be addressed in the EIS/EIR. We invite
written comments from interested parties to ensure that the full range
of issues related to the permit requests are addressed and that all
significant issues are identified. All comments received, including
names and addresses, will become part of the official administrative
record and may be made available to the public.
The primary purpose of the scoping process is to identify, rather
than to debate, significant issues related to the proposed action.
Interested persons are encouraged to provide comments on the scope of
issues and alternatives to be addressed in the Draft EIS/EIR.
Dated: October 24, 2002.
David G. Paullin,
Acting Deputy Manager, Region 1, California/Nevada Operations Office,
Sacramento, California.
[FR Doc. 02-27659 Filed 10-30-02; 8:45 am]
BILLING CODE 4310-55-P