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Gordon, Joe Kendall, James J.; Domangue, Bryan A kimberly.damon-randall@noaa.gov; Cruickshank, Walter [EXTERNAL] Chevron Request for Applicant Status Thursday, February 13, 2025 2:53:36 PM February 13 2025 Chevron Request for Applicant Status Letter.pdf
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Good afternoon Dr. Kendall and Mr. Domangue:
I have attached a third request letter for Chevron be granted applicant status in the ESA Section 7 Reinitiated Consultation on the Federally Regulated Oil and Gas Program Activities in the Gulf of America. We anticipate that the ongoing reinitiated Section 7 consultation will reach substantive decisions that will impact Chevron's activities in the Gulf of America and will be the only consultation applicable to many of Chevron's future authorization requests to be submitted to BOEM/BSEE. As such, we are requesting to be granted applicant status pursuant to the ESA and implementing regulations to the extent that granting this request does not preclude the agencies from completing the consultation process and finalizing the revised BiOp by May 21, 2025. Please let me know if you have any questions regarding this request. I can be reached at 985-773-0355.
Thank you
Joe Gordon GOM Regulatory Affairs Team Lead Strategy, Operations, and Advocacy
Chevron North America Exploration and Production Company (a Chevron U.S.A. Inc division) 100 Northpark Boulevard Covington, LA 70433 Office # 985-773-6769 Mobile # 985-773-0355 joegordon@chevron.com
Attachment A:
March 22, 2024 Chevron Request for Applicant Status in the ESA Section 7 Consultation
Brent Gros
Vice President, Gulf of Mexico Business Unit
March 22, 2024
Via E-mail/Facsimile
Dr. James Kendall, Regional Director Gulf of Mexico Regional Office Bureau of Ocean Energy Management 1201 Elmwood Park Blvd. New Orleans, LA 70123
Bryan Domangue, Regional Director Gulf of Mexico Region Bureau of Safety and Environmental Enforcement 1201 Elmwood Park Blvd. New Orleans, LA 70123
RE: Request for Applicant Status in ESA Section 7 Reinitiation of Consultation on the Federally Regulated Oil and Gas Program Activities in the Gulf of Mexico
Dear Dr. Kendall and Mr. Domangue:
This letter respectfully requests, pursuant to the Endangered Species Act ("ESA") and its implementing regulations, that the Bureau of Ocean Energy Management ("BOEM") and the Bureau of Safety and Environmental Enforcement ("BSEE") grant applicant status to Chevron U.S.A. Inc. ("Chevron") for the above-referenced ESA Section 7 consultation. That consultation is intended to provide a comprehensive evaluation of the potential impacts of the full range of oil and gas activities in the Gulf of Mexico authorized by BOEM and BSEE, from pre-lease surveys of potential oil and gas reserves through exploration, development, and production of oil and gas from its leases, and ultimately decommissioning of oil and gas production infrastructure and facilities after operations end.
Chevron, and its affiliated companies, have been exploring and developing outer continental shelf ("OCS") leases from the inception of the federal offshore leasing program under the Outer Continental Shelf Lands Act of 1953 ("OCSLA") and plan to remain active in the OCS well into the future. Chevron and its legacy companies share a long history of operating safely and in a responsible manner on the OCS. We are committed to sound stewardship in our operations and developing a successful future for the Gulf of Mexico that includes world-class projects, new offshore technologies, and protection of the marine environmental and the species that inhabit it. Chevron is currently a significant producer in the Gulf of Mexico, responsible for delivering nearly 200,000 barrels of oil equivalent per day. Chevron maintains interests in leases across the Gulf of Mexico and has invested billions of dollars in exploration, appraisal, development, and production activities. To help conduct these activities, Chevron regularly applies for authorizations and permits from BOEM and BSEE. For several years, the permits BOEM and
Chevron North America Exploration and Production Company (a Chevron U.S.A. Inc. division)
100 Northpark Boulevard, Covington, LA 70433
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BSEE have issued to Chevron have included conditions of approval contemplated by the 2020 Biological Opinion on the Federally Regulated Oil and Gas Program Activities in the Gulf of Mexico. Chevron is supportive of responsible regulatory activity, informed by the best available scientific and commercial information.
Chevron anticipates that the ongoing reinitiated Section 7 consultation will reach substantive decisions, including the identification of reasonable and prudent measures and alternatives, terms and conditions, and their associated take exemption, that will apply to Chevron's future applications and permits. Unlike purely programmatic consultations that merely provide a framework for future tiered project-specific consultations, the ongoing reinitiated consultation will be the only consultation applicable to many of Chevron's future authorization requests, meaning that the current consultation is Chevron's only opportunity to participate in the process that will directly affect the formal approvals or authorizations it will seek from BOEM and BSEE.
Under the ESA implementing regulations, the term "applicant" refers to "any person . . . who requires formal approval or authorization from a Federal agency as a prerequisite to conducting the action." 50 C.F.R. 402.02. The determination as to whether a person qualifies for applicant status under ESA Section 7 is made by the federal action agency, in this instance BOEM and BSEE. Under these circumstances, Chevron qualifies for applicant status under ESA Section 7 because Chevron routinely submits applications to both BOEM and BSEE for authorization to conduct activities, the impacts of which are being evaluated in the ongoing consultation.
BOEM and BSEE are consulting with the National Marine Fisheries Service ("NMFS") on the impacts to ESA-listed species from oil and gas leasing, geophysical exploration, exploration plans, development, production, and decommissioning in the Gulf of Mexico. As noted, Chevron holds significant lease interests in the Gulf of Mexico and is actively engaged in exploration, development, production and decommissioning related to its leasehold. Therefore, Chevron clearly qualifies for applicant status.
Under the ESA regulations, an applicant has the following participation rights in the consultation process:
1) preparation of the biological assessment under the supervision of BOEM and BSEE or provision of information and analyses for inclusion in the biological assessment (see 50 C.F.R. 402.12(b));
2) participating in any on-site inspection of a project area with representatives of NMFS (see id. 402.14(g)(l));
3) participating in any informal consultation with NMFS (id. 402.13);
4) the general submission of information for consideration during the consultation process (id. 402.14(d));
5) discussing with BOEM, BSEE, and NMFS the results of NMFS's review and evaluation of the relevant information and potential effects of the action on listed species or designated critical habitat, and the availability of reasonable and prudent alternatives, if a jeopardy opinion is contemplated (see id. 402.14(g)(5));
6) reviewing a draft of the biological opinion to be provided by BOEM and BSEE, and submitting comments on the draft through BOEM and BSEE with a copy sent directly to NMFS (id.);
7) providing information on appropriate beneficial actions taken by the applicant, including any actions taken prior to the initiation of consultation (id. 402.14(g)(8)); and
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8) providing the required concurrence, if it is determined to do so, with any decisions to extend the 60-day timeframe to conclude a formal consultation (id. 402.14(e)).
Chevron would welcome full participation in the consultation and is particularly interested in sharing its perspective as an operator on descriptions and evaluation of permitted activities as well as the feasibility of any potential minimization measures or alternatives.
Thank you for your consideration of Chevron's request to be granted applicant status in this consultation. Please let Joe Gordon know if you have any questions about this submission or send him a return letter regarding your agency's decision on this request. We look forward to working with the agencies as an applicant in this consultation.
Sincerely,
Brent Gros
cc: Ms. Kimberly Damon-Randall, Director, NMFS Office of Protected Resources
Attachment B:
October 30, 2024 Chevron Request for Applicant Status in the ESA Section 7 Consultation