California Endangered Species Act Incidental Take Permit No. 2081-2020-010-04 for the Phillips 66 Pipeline, LLC NC-16 and NC-17 Pipeline Lowering Project (Proje

2021090133

California Department of Fish and Wildlife, Central Region 4 (CDFW)

NOE - Notice of Exemption

9/8/2021

9/8/2021

Craig Bailey

California Department of Fish and Wildlife

Lead/Public Agency

1234 East Shaw Avenue
Fresno, CA 93710

(559) 243-4014 ext. 227

craig.bailey@wildlife.ca.gov

35°34'0.7"N 119°52'37.7"W

27S

19E

24

MDB&M

The Project is located approximately 3.3 miles southwest of the intersection of State Route (SR) 33 and SR 46 in northwestern Kern County, California. The Project site is bounded by SR-46 to the North and SR-33 to the East. The Project is specifically within the United States Geological Survey 7.5-Minute Quadrangle Map Shale Point in Township 27 South, Range 19 East, Section 24, Mount Diablo Base and Meridian, Latitude 35.566859, Longitude -119.877150.

Statutory Exemption

California Code of Regulations, Title 14, section 15282, subd. (k); Public Resources Code, section 21080.21, subd. (a)

Approval of this Project is statutorily exempt from the California Environmental Quality Act (CEQA, Pub. Resources Code, § 21000 et seq.) because the Project is subject to California Code of Regulations, Title 14, section 15282, subdivision (k), “The installation of new pipeline or maintenance, repair, restoration, removal, or demolition of an existing pipeline as set forth in Section 21080.21 of the Public Resources Code, as long as the project does not exceed one mile in length”; as well as Public Resources Code, section 21080.21, “This division does not apply to any project of less than one mile in length within a public street or highway or any other right-of-way for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline.” “‘Pipeline’ includes subsurface facilities but does not include any surface facility related to the operation of the underground facility.” (Pub. Resources Code, §21080.21(a)). The Project includes installing 100-foot-long segments of new pipe to replace the existing segments of the eight-inch NC-16 and NC-17 pipelines that are currently exposed where they cross an unnamed stream. The new pipe segments will be installed a minimum of six feet below the existing streambed elevation and will be offset from the existing pipelines by approximately five feet. Once pipeline replacement activities are complete, the project site will be restored to pre-project conditions. Project activities include: transportation of construction equipment, materials, and other Project-related traffic; excavation/trenching; soil stockpiling; removing hydrocarbon fluids from existing pipeline; cutting and removing existing pipeline segments; pipeline installation; welding; sandblasting; installing new epoxy corrosion barrier; backfilling; hydrotesting; materials and equipment storage; soil compaction; installation of erosion control materials; and other activities. Impacts will be minimized and fully mitigated through the implementation of measures required by Incidental Take Permit No. 2081 2020 010 04. Measures include: 1) Monthly Compliance Reports; 2) establishment of avoidance zones; 3) worker education; 4) species relocation; and 5) permanent habitat protection.