Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 / Notices 30247

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.

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), shortnosed 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
30248 Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 / Notices

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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Correction to Federal Register Notices

of November 18, 1996 (61 FR 58700)

and November 14, 1997 (62 FR

61144)—Proclaiming Certain Lands as

Reservation for the Redwood Valley

Rancheria of Pomo Indians of

California

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Correction to Notices of

Reservation Proclamation.

SUMMARY: This notice corrects Federal

Register Notices 61 FR 58700 published

on November 18, 1996 and 62 FR 6114

published on November 14, 1997,

‘‘Proclaiming Certain Lands as

Reservation for the Redwood Valley of

Pomo Indians of California.’’ The legal

descriptions are corrected.

FOR FURTHER INFORMATION CONTACT:

Larry E. Scrivner, Bureau of Indian

Affairs, Division of Real Estate Services,

MS–4510/MIB/Code 220, 1849 C Street,

N.W., Washington, D.C. 20240,

telephone (202) 208–7737.

SUPPLEMENTARY INFORMATION: On

November 1, 1996, and November 3,

1997, the Assistant Secretary of Indian

Affairs, pursuant to the Act of June 18,

1934 (48 Stat. 986; 25 U.S.C. 467),

proclaimed certain lands to be additions

to and made a part of the reservation of

the Redwood Valley Rancheria of Pomo

Indians of California for the exclusive

use of Indians on that reservation who

are entitled to reside at the reservation

by enrollment or tribal membership.

Notices of these proclamations were

published on November 18, 1996, and

November 14, 1997, at 61 FR 58700 and

62 FR 61144.

Need for Corrections

As published, the notices contained

errors which are in need of correction.

For this reason, the following

publication corrects and supersedes

both 61 FR 58700 and 62 FR 61144. The

land referred hereto is described as

follows:

Redwood Valley Rancheria Reservation,

Mendocino County, California

All that certain real property situated,

lying and being in the unincorporated

area, County of Mendocino, State of

California, more particularly described

as follows:

Parcel One: Beginning at the

Northeast corner of a parcel of land

described in a deed from the Finnish

Colony, a corporation to V. E. Frost and

Z. J. Elliott, dated December 3, 1929,

recorded in Liber 48 of Official Records,

Page 208, Mendocino County Records (it

being a point in the East line of Lot 20

of the Finnish Colony Subdivision,

according to the Official plat thereof on

file in the Office of the County Recorder

of said Mendocino County) from which

the Southeast corner of said Lot 20 bears

South 8° 13′ 30′′ East and is 372.72 feet

distant; thence on the exterior

boundaries of the land to be described

as follows: South 77° 17′ 30′′ West along

the North line of said Lot of Frost and

Elliott 579.04 feet to its Northwest

corner; thence North 9° 20′ West along

a Northerly projection of the West

boundary line of said Parcel 660 feet to

an iron pin marked ‘‘X’’ in the South

boundary line of a parcel of land

described in a deed from Bank of

America National Trust and Savings

Association to Dan Bergamaschi, a

single man, dated January 16, 1935,

recorded in Liber 100 of Official

Records, Page 45, Mendocino County

Records; thence North 87° 59′ East along

said South boundary line 606 feet to the

Southeast corner of said last mentioned

parcel of land (it being a point in the

East boundary line of said Lot 20)

thence South 8° 13′ 30′′ East along said

East boundary line 542.21 feet to the

point of beginning.

Parcel Two: Beginning at the

Southeast corner of Lot 20 of the

Finnish Colony Subdivision, originally

filed in Map Book 2, Page 189, now on

file in Map Case 1, Drawer 4, Page 89;

thence from said point of beginning

South 78° 31′ West, 571.18 feet along

the South line of said Lot 20; thence

North 9° 20′ West 360 feet; thence North

77° 17′ 30′′ East 579.04 feet to the East

line of said Lot 20; thence South 8° 13′

30′′ East 372.72 feet along the East line

of said Lot 20 to the point of beginning.

Parcel Three: The land described in

Grant Deed, numbered 5369, recorded

in Book 1502, pages 479, 480, and 481,

of the official records of Mendocino

County, California, described as follows:

That portion of Lot 19 of the Finnish

Colony Subdivision, filed for record at

the Recorder’s Office, Mendocino

County, State of California, and that

portion of the Northeast quarter of

Section 34 and of the Northwest quarter

of Section 35, Township 17 North,

Range 12 West, Mount Diablo Base and

Meridian, lying Northerly of the

following described line: Beginning at

the Southeast corner of Lot 20 of said

Finnish Colony Subdivision; thence

North 82° 15′ East 265.57 feet; thence

North 44° 24′ East 1028.50 feet; thence

North 81° 30′ East to the Westerly line

of the parcels of land conveyed in the

Deed executed by R.J. Rospide et al to

Floyd C. Lawrence et ux, dated May 3,