California Endangered Species Act (CESA) Amended Incidental Take Permit No. 2081 2022 044 04 (Major Amendment No. 1) for the Allensworth Water Well Project

CDFW has issued a CESA (Fish & G. Code, § 2050 et seq.) ITP and this Amended ITP (Major Amendment No. 1) to authorize the Allensworth Community Services District to incidentally take blunt-nosed leopard lizard (Gambelia sila) which is listed as fully protected pursuant to Fish and Game Code section 5050 and endangered under CESA (Cal. Code Regs. tit. 14 § 670.5, subd. (a)(4)(B)), Tipton kangaroo rat (Dipodomys nitratoides nitratoides) listed as endangered under CESA (Cal. Code Regs. tit. 14 § 670.5, subd. (a)(6)(D)), and San Joaquin antelope squirrel (Ammospermophilus nelsoni), San Joaquin kit fox (Vulpes macrotis mutica), and Swainson’s hawk (Buteo swainsoni) which are listed as threatened under CESA (Cal. Code Regs. tit. 14 § 670.5, subd. (b)(6)(B), (b)(6)(E), and (b)(5)(A), respectively), collectively the Covered Species. This Amended ITP (Major Amendment No. 1) amends the original ITP issued on October 27, 2023, to include revisions of the Project Location and Project Description as follows: revising the location of the temporary discharge pipe associated with Pipeline Tie-In 1 for accuracy; removing construction of the permanent discharge pipe associated with Pipeline Tie-In 1; removing the new Water Storage Facility Site; adding a temporary water tank and booster pumping station that will be constructed prior to demolition of the existing Water Storage Facility and all other infrastructure located at that Site; adding that once demolition is complete, the new Water Storage Facility will be constructed at that same location; and updating relevant sections, Conditions of Approval, Figures, and Attachments for consistency with, and to reflect updates to, the Project Location and Project Description. The resulting impacts of the Project to the Covered Species have decreased with these changes. The Project is to supply critical drinking water and fire protection to the community of Allensworth. The Project involves the drilling, construction, and development of new water well infrastructure at a new site and connection to the existing water pipeline infrastructure; eventual decommissioning of the existing Water Well Sites and potential decommissioning of the new Water Well Site; construction of a temporary water system, demolition of the existing Water Storage Facility and associated infrastructure, and construction of a new Water Storage Facility at the same site; and maintenance, repair, and improvement activities of the Water Well Sites and Water Storage Facility. The Project is now expected to cause the permanent loss of 0.58 acre and temporary loss of 0.50 acre of non-native grassland which provides suitable habitat for the Covered Species and permanent loss of 0.26 acre and temporary loss of 0.023 acre of ruderal/low quality habitat features suitable for the Covered Species. The Amended ITP referenced above as issued by CDFW authorizes incidental take of species listed under CESA that may occur as a result of Project implementation. Incidental take of blunt-nosed leopard lizard may be authorized pursuant to Fish and Game Code section 2081.12. Additionally, Senate Bill 147 was enacted to add section 2081.15 to the Fish and Game Code to allow CDFW to authorize the take of a fully protected species in subdivision (b) of section 5050 resulting from impacts attributable to the implementation of a maintenance, repair, or improvement project to critical regional or local water agency infrastructure if the conditions set forth in Fish and Game Code section 2081.15, subdivisions (a-f) are met (See Cal. Code Regs., tit. 14, § 783.4, and Senate Bill No. 147, stats. 2023). The Permittee will purchase one (1) Covered Species credit equaling one acre from the Kern Water Bank Authority Conservation Bank and deed 0.46-acres of Habitat Management land to CDFW for management in perpetuity that will include a monitoring program and an adaptive management plan, approved by CDFW for monitoring the effectiveness of, and adjusting as necessary, the measures to minimize and fully mitigate the impacts of the authorized take of the species.