Receipt of Incidental Take Permit Application for Participation in the General Conservation Plan for Oil and Gas Activities; Draft Categorical Exclusion for the Conoco Philips Soil Remediation Project; Santa Barbara County, CA, 37899-37901 [2023-12338]
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37899
Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Notices
• A brief description of the action the
PHA undertook to reduce the utility rate
and supporting documentation;
• An explanation of how the PHA
will calculate savings and anticipated
savings; and
• Identification of the incentive the
PHA will claim, whether it is 50 percent
or 100 percent of the actual savings.
HUD uses collected information to
determine whether applications meet
eligibility requirements and application
submission requirements. Applicants
provide information about the proposed
contract to enable HUD to evaluate the
applicant’s response to the criteria for
rating the application and approving or
disproving the contract.
Type of submission/information collection
Number of
respondents
Frequency of
submissions
Spreadsheet through the Operating
Fund Web Portal, the Energy Savings
Calculator. This Calculator is used to
ensure the accuracy of the EPC
incentives being claimed by the PHA in
their annual Operating Subsidy
submission.
For the RRI program, PHAs must
annually submit documentation on
energy cost savings attributed to the
reduction in the rate. This data is
submitted on an Asset Management
Project (AMP basis). For the RRI
program, PHAs will submit their data
via email using the format of their
choice.
Respondents: Public Housing
Agencies (PHAs).
Estimate
average time
(hours)
Total
responses
Estimate
annual burden
(hours)
Hourly cost
Total annual
cost
EPC Application and supporting documentation .............................................................
EPC Measurement and Verification Report
and Energy Savings Calculator .................
RRI Application and supporting documentation .............................................................
RRI savings calculation .................................
10
1
10
560
5,600
$125
$700,000
200
1
200
20
4,000
125
500,000
30
60
1
1
30
60
2
10
60
600
125
125
7,500
75,000
Totals .....................................................
300
........................
300
........................
10,260
........................
1,282,500
B. Solicitation of Public Comment
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Annual EPC Measurement and
Verification and savings calculation
information collected allows HUD to
audit program performance accurately.
The quality of reported data is critical
for ensuring an accurate distribution of
the Operating Fund subsidy
appropriation. The information
collected will allow HUD to accurately
audit the program. For the EPC program,
Measurement and Verification data will
be submitted by the PHA annually in a
format of their choice. The report must
contain the actual usage amount of each
utility under the EPC, the actual unit of
measure, the consumption savings, and
the cost savings. The PHAs will also be
required to submit their consumption
data using a standardized Excel
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A
regarding the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who respond; including through the use
of appropriate automated collection
techniques or other forms of information
technology, e.g., permitting electronic
submission of responses.
(5) ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of automated collection techniques or
other forms of information technology.
HUD encourages interested parties to
submit comment in response to these
questions.
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16:49 Jun 08, 2023
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C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3507.
Colette Pollard,
Department Record Management Officer,
Officer of Policy Development and Research,
Chief Data Officer.
[FR Doc. 2023–12341 Filed 6–8–23; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2023–0075;
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 Conoco Philips Soil
Remediation Project; Santa Barbara
County, CA
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce
receipt of an application from Conoco
Philips for an incidental take permit
(ITP), pursuant to the Endangered
Species Act, under the approved
SUMMARY:
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Fmt 4703
Sfmt 4703
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 at the historical Cox
3–32 oil well sump and oilfield lease
access road. 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 July 10, 2023.
ADDRESSES: Obtaining Documents: The
document this notice announces (draft
screening form), as well as any
comments and other materials that we
E:\FR\FM\09JNN1.SGM
09JNN1
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37900
Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Notices
receive, will be available for public
inspection online in Docket No. FWS–
R8–ES–2023–0075 at 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–2023–0075.
• U.S. mail: Public Comments
Processing, Attn: Docket No. FWS–R7–
NWRS–2023–0075; U.S. Fish and
Wildlife Service, MS: PRB/3W; 5275
Leesburg Pike; Falls Church, VA 22041–
3803.
FOR FURTHER INFORMATION CONTACT:
Kirby Bartlett, Fish and Wildlife
Biologist, by email at kirby_bartlett@
fws.gov, by telephone 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-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
announce receipt of an application from
Conoco Philips 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
VerDate Sep<11>2014
16:49 Jun 08, 2023
Jkt 259001
associated with the soil remediation for
the historical Cox 3–32 oil well sump
and oilfield lease access road 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/habitatconservation-plans-and-generalconservation-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 qualifies as ‘‘low effect,’’
and 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 redlegged 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
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
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 redlegged frog and California tiger
salamander. The take would occur in
association with activities necessary to
remediate soil contaminated with
hydrocarbons at the historical Cox 3–32
oil well sump and oilfield lease access
road in Santa Maria, California.
Excavation of hydrocarbon-impacted
material surrounding the oil well sump
would extend to a maximum depth of
approximately 12 feet (ft) below ground
surface within an approximately 0.88acre work area surrounded by a
temporary chain link fence. California
red-legged frogs have a known
population approximately 0.5 miles (mi)
west of the project site in Bradley Lake,
making the project within dispersal
distance for the California red-legged
frog. Additionally, California tiger
salamanders have been identified
approximately 0.65 mi southwest of the
project site, making the project site
potential California tiger salamander
upland habitat. The proposed soil
remediation would require excavating
contaminated soils to a depth of
approximately 12 ft in the area where
the oil well sump was located, which
will result in impacts to burrowing and
dispersal habitat for the covered species
as well as the potential for direct injury
or mortality from crushing during
excavation activities.
The project includes avoidance and
minimization measures for the
California red-legged frog and California
tiger salamander and mitigation for
unavoidable impacts to their habitat.
The applicant has proposed mitigation
in the form of funding activities
consistent with the GCP that will
compensate for unavoidable impacts to
the California red-legged frog. To
mitigate for impacts to the California
tiger salamander, the applicant proposes
to purchase one California tiger
salamander credit from the Serviceapproved 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.
E:\FR\FM\09JNN1.SGM
09JNN1
Federal Register / Vol. 88, No. 111 / Friday, June 9, 2023 / Notices
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
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. 2023–12338 Filed 6–8–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_OR_FRN_MO4500170655]
Notice of Intent To Prepare a Resource
Management Plan for the CascadeSiskiyou National Monument in
Oregon/Washington and California and
an Associated Environmental Impact
Statement
Bureau of Land Management,
Interior.
ACTION: Notice of intent.
AGENCY:
In compliance with the
National Environmental Policy Act of
1969, as amended (NEPA), the Federal
Land Policy and Management Act of
1976, as amended (FLPMA),
Presidential Proclamations entitled
‘‘Establishment of the Cascade-Siskiyou
National Monument’’ (June 9, 2000) and
‘‘Boundary Enlargement of the CascadeSiskiyou National Monument’’ (January
12, 2017), the Bureau of Land
Management (BLM) Oregon/Washington
(OR/WA) and California (CA) State
Offices intend to revise a resource
management plan (RMP) with an
associated environmental impact
statement (EIS) for the Cascade-Siskiyou
National Monument (Monument). With
this notice, the BLM announces the
beginning of a 60-day public scoping
period to solicit public comments and
identify issues, provide the planning
criteria for public review, and issue a
call for nominations for areas of critical
environmental concern (ACECs). This
RMP revision would replace the existing
2008 Monument RMP.
DATES: The BLM requests the public
submit comments concerning the scope
of the analysis, potential alternatives,
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SUMMARY:
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16:49 Jun 08, 2023
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and identification of relevant
information, studies, and ACEC
nominations by August 8, 2023. The
BLM also requests the public submit
comments on the planning criteria by
the same date identified earlier. The
planning criteria will be made available
to the public within the first 30 days of
the 60-day comment period to ensure
the public has at least 30 days to
comment on the planning criteria as
required by the planning regulations at
43 CFR 1610.2(e).
ADDRESSES: You may submit comments
on issues and planning criteria related
to the Monument RMP and nominations
of new ACECs by any of the following
methods:
• Website: https://eplanning.blm.gov/
eplanning-ui/project/2023675/510.
• Mail: ATTN: CSNM RMP Project
Manager, BLM Medford District, 3040
Biddle Rd., Medford, OR 97504.
Documents pertinent to this proposal
may be examined online at https://
eplanning.blm.gov/eplanning-ui/
project/2023675/510 and at the BLM
Medford District Office, 3040 Biddle
Rd., Medford, OR 97504.
FOR FURTHER INFORMATION CONTACT:
Nikki Haskett, Cascade-Siskiyou
National Monument RMP Project
Manager; (458) 246–8861, address 3040
Biddle Rd., Medford, OR 97504; email
blm_csnm_rmp@blm.gov. Contact Ms.
Haskett to have your name added to our
mailing list. 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 for contacting Ms. Haskett.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: This
document provides notice that the BLM
OR/WA and CA State Directors intend
to prepare an RMP with an associated
EIS for the Monument, announces the
beginning of the scoping process, seeks
public input on issues and relevant
planning criteria, and invites the public
to nominate ACECs. The planning area
is in Jackson and Klamath Counties in
Oregon and Siskiyou County in
California and encompasses
approximately 113,500 acres of BLMadministered lands. While most of the
BLM-administered lands are within the
BLM Ashland and Klamath Falls Field
Offices in Oregon, approximately 5,000
acres are located within the BLM
Redding Field Office in California.
In response to Presidential
Proclamation No. 9564 (Boundary
PO 00000
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Fmt 4703
Sfmt 4703
37901
Enlargement of the Cascade-Siskiyou
National Monument January 12, 2017),
multiple plaintiffs sued the President
and the BLM, claiming that the
monument expansion violated the
Oregon and California Revested Lands
Sustained Yield Management Act of
1937 (the O&C Act). In 2017, two
plaintiffs filed separate suits in the U.S.
District Court for the District of
Columbia. A third plaintiff filed suit in
the District of Oregon. In September
2019, the District of Oregon upheld the
monument expansion, and the U.S.
Court of Appeals for the Ninth Circuit
affirmed the District Court’s judgment in
April 2023. In November 2019, the
District Court for the District of
Columbia held that the monument
expansion violated the O&C Act by
‘‘reserving land governed by the O&C
Act from sustained yield timber
production’’ and held Presidential
Proclamation No. 9564 ‘‘invalid and
unenforceable as applied to land subject
to the O&C Act.’’ The United States has
appealed this decision to the U.S. Court
of Appeals for the District of Columbia
Circuit. Although the outcome of this
appeal is uncertain, the BLM is
exercising its discretion to initiate
preliminary planning steps with the
understanding that the BLM retains the
ability to modify or terminate any
planning effort in response to the
outcome of the litigation.
Purpose and Need for the RMP
This RMP will provide a management
framework, including goals, objectives,
and management direction, to guide
management of the Monument. The
RMP purposes and needs will frame
issue identification, alternatives
development, and effects analyses. The
following purposes are explicitly
provided in Presidential Proclamations
No. 7318 (Establishment of the CascadeSiskiyou National Monument) and No.
9564, other designating legislation, and/
or have been identified based on key
present and historical Monument
management challenges. Planning for
these purposes will be crucial for
development of an RMP that provides
direction for addressing critical
management challenges. Associated
problems and opportunities that the
RMP will address are also summarized.
1. Protect and/or restore the unique
and varied natural and scientific
resources in the Monument. This
includes Monument objects identified
in the proclamations, including:
a. A landscape of ecological wonder
with unmatched biological diversity
that provides habitat connectivity,
watershed protection, and landscape-
E:\FR\FM\09JNN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37899-37901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12338]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R8-ES-2023-0075; 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 Conoco Philips Soil Remediation Project;
Santa Barbara County, CA
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce
receipt of an application from Conoco Philips 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 at the historical Cox 3-32 oil well sump
and oilfield lease access road. 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 July 10,
2023.
ADDRESSES: Obtaining Documents: The document this notice announces
(draft screening form), as well as any comments and other materials
that we
[[Page 37900]]
receive, will be available for public inspection online in Docket No.
FWS-R8-ES-2023-0075 at 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-2023-0075.
U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R7-NWRS-2023-0075; U.S. Fish and Wildlife Service, MS: PRB/3W; 5275
Leesburg Pike; Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Kirby Bartlett, Fish and Wildlife
Biologist, by email at [email protected], by telephone 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 Conoco Philips 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 the
historical Cox 3-32 oil well sump and oilfield lease access road 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 qualifies as ``low effect,'' and 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 historical Cox 3-32 oil well sump
and oilfield lease access road in Santa Maria, California. Excavation
of hydrocarbon-impacted material surrounding the oil well sump would
extend to a maximum depth of approximately 12 feet (ft) below ground
surface within an approximately 0.88-acre work area surrounded by a
temporary chain link fence. California red-legged frogs have a known
population approximately 0.5 miles (mi) west of the project site in
Bradley Lake, making the project within dispersal distance for the
California red-legged frog. Additionally, California tiger salamanders
have been identified approximately 0.65 mi southwest of the project
site, making the project site potential California tiger salamander
upland habitat. The proposed soil remediation would require excavating
contaminated soils to a depth of approximately 12 ft in the area where
the oil well sump was located, which will result in impacts to
burrowing and dispersal habitat for the covered species as well as the
potential for direct injury or mortality from crushing during
excavation activities.
The project includes avoidance and minimization measures for the
California red-legged frog and California tiger salamander and
mitigation for unavoidable impacts to their habitat. The applicant has
proposed mitigation in the form of funding activities consistent with
the GCP that will compensate for unavoidable impacts to the California
red-legged frog. To mitigate for impacts to the California tiger
salamander, the applicant proposes to purchase one California tiger
salamander credit 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.
[[Page 37901]]
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 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. 2023-12338 Filed 6-8-23; 8:45 am]
BILLING CODE 4333-15-P
