Type, Section or Code
California Code of Regulations, Title 14, section 15269, subd (b); Public Resources Code, section 21080, subd. (b)(4)
Reasons for Exemption
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 15269, subdivision (b), “Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety, or welfare” and Public Resources Code, section 21080, subdivision (b)(4), “Emergency repairs necessary to prevent or mitigate an emergency”. “Emergency” is defined as “a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services” (Pub. Resources Code, § 21060.3).
The Project includes repair of two approximately 50-foot sections of high-pressure gas pipeline to prevent pipeline failure at two separate Work Sites, eTS 43141 Line 225 MP 3.28 (L225 Site) and eTS 44051 Line 85 MP 49.9 (L85 Site). The Project also includes the installation of anodes at the Work Sites to provide cathodic protection of the pipelines. In issuing the ITP, CDFW found, among other things, that Permittee’s compliance with the Conditions of Approval of the ITP would fully mitigate Project impacts of the taking on the Covered Species and that issuance of the ITP would not jeopardize the continued existence of the Covered Species.
On January 24, 2023, CDFW received a request from the Permittee for a minor amendment to the ITP and the corresponding fee payment on January 27, 2023. The request included updating the Permittee’s Contact Person and extending the expiration date of the ITP from January 31, 2023 to July 31, 2023. The Project has been delayed because Gas Control Outage Coordination (GCOC) has not allowed for the Project to proceed as there was a chance it could impact customers during months with high demand. The Permittee was able to install magnesium anodes to temporarily address the out of read tolerances while awaiting approval from GCOC to begin construction for the Project. GCOC has since provided new dates for construction with work at the L225 site expected to start construction in early April and end in mid-May 2023 and at the L85 site expected to start construction in early June and end in mid-July 2023.
CDFW has determined that this Amendment will not result in an increase the amount of take or the severity of other impacts of the taking on the Covered Species. Given the circumstances of this Project, the changes to the Project described in this Amendment will not increase impacts to the Covered Species. Impacts will be minimized and fully mitigated through the implementation of measures required by Incidental Take Permit No. 2081 2021 007 04. Measures include: 1) Weekly Compliance Reports; 2) establishment of avoidance zones; 3) worker education; and 4) permanent habitat protection.