Major Amendment No. 2 to CESA ITP No. 2081-2022-064-04 for the Southern California Gas Company eTS 58713.01 Line 85 Milepost 75.85 Remediation Digs Project

2022110521

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

NOE - Notice of Exemption

12/28/2023

12/28/2023

Sarah Bahm

CDFW

Senior Environmental Scientist (Specialist)

Lead/Public Agency

1234 East Shaw Avenue
Fresno, CA 93710

(559) 243-4005

sarah.bahm@wildlife.ca.gov

The Project is located in the southern San Joaquin Valley approximately 6 miles east of the City of Taft in Kern County, California. The Project is specifically located at five distinct Work Areas adjacent to and on both sides of the California Aqueduct near Lake Station Road within the United States Geological Survey 7.5-Minute Quadrangle Map Buena Vista Lake Bed. Work Areas 1 - 4 are within California Department of Water Resources-owned land in Section 12 of Township 32 South, Range 24 East, Mount Diablo Base and Meridian (MDB&M). Work Area 5 is within privately-owned land in Section 7 of Township 32 South, Range 25 East, MDB&M. Work Areas are located at approximately 35.158518, 119.349025; 35.157883, -119.346292; 35.158184, -119.345164; 35.164648, -119.349428; and 35.155344°, 119.335747.

Statutory Exemption

California Code of Regulations, Title 14, section 15269, subd. (b); Public Resources Code, section 21080, subd. (b)(4)

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 which includes those actions that require a reasonable amount of planning to address an anticipated emergency” and Public Resources Code, section 21080, subdivision (b)(4), “Specific actions 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 purpose of the Project is to prevent pipeline failure by inspecting and repairing five segments of the 26-inch natural gas pipeline (Line) 85 near Milepost 75.85 where potential anomalies have been identified via remote pigging equipment and installing cathodic protection to protect the integrity of the pipeline. The repairs are needed urgently to protect the integrity and safety of the pipeline as well as to ensure service to natural gas customers is not impacted this winter. Additionally, repairs are needed urgently to reduce potential impacts to other pipelines in the vicinity of the California Aqueduct, and possibly to the California Aqueduct itself. On November 14, 2023, the Permittee requested to extend the expiration date of the ITP to May 31, 2023, because the Project was again delayed due to access constraints by the landowner, the California Department of Water Resources (DWR). The Permittee was granted authorization by DWR to begin the Project on October 24, 2023. The request also includes: revising the Project Location and Project Description to include two additional work areas and the expansion and modification of existing Work Areas 1, 2, and 3; adding San Joaquin kit fox (Vulpes macrotis mutica) as a Covered Species; increasing the impacts to Covered Species habitat as a result of the new Work Areas and increased size of the existing Work Areas and vegetation trimming outside of the limits of Work Area 1 that occurred on October 26, 2023; and revising Condition of Approval 6.5 to allow greater flexibility where equipment fueling can occur in relation to Covered Species burrows due to the extensive number of Covered Species burrows within 100 feet of suitable equipment fueling locations. CDFW has determined that although Major Amendment No. 2 will result in an increase in take of the Covered Species, and increased Covered Species habitat impacts, the additional impacts of the taking will be minimized and fully mitigated through implementation of the Conditions of Approval. CDFW determined that additional HM Lands are necessary to fully mitigate the additional 0.587 acres of temporary impacts Covered Species habitat. Because the additional impacts will be minimized and fully mitigated, there will be no increase in Project impacts to the Covered Species with Amendment No. 2. Impacts will be minimized and fully mitigated through the implementation of measures required by Incidental Take Permit No. 2081 2022 064 04, as amended. Measures include: 1) Monthly Compliance Reports; 2) establishment of avoidance zones; 3) worker education; 4) species relocation; and 5) permanent habitat protection.