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Record of Decision; Final Oil and Gas Management Plan/ Environmental Impact Statement, Padre Island National Seashore, Texas

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: October 12, 2000 (Volume 65, Number 198)]
[Notices]
[Page 60678-60681]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc00-100]

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DEPARTMENT OF THE INTERIOR

National Park Service


Record of Decision; Final Oil and Gas Management Plan/
Environmental Impact Statement, Padre Island National Seashore, Texas

ACTION: Notice of Approval of Record of Decision:

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SUMMARY: Pursuant to subsection 102(2)(C) of the National Environmental
Policy Act of 1969, as amended, and the regulations promulgated by the
Council on Environmental Quality (40 CFR 1505.2), the National Park
Service, U.S. Department of the Interior, has prepared a Record of
Decision on the Final Oil and Gas Management Plan/

[[Page 60679]]

Environmental Impact Statement for Padre Island National Seashore in
Texas.

DATES: The Record of Decision was recommended by the Superintendent of
Padre Island National Seashore, concurred in by the Deputy Regional
Director, Southwest Cluster of the Intermountain Region, and approved
by the Director, Intermountain Region on August 14, 2000.

ADDRESSES: Inquiries regarding the Record of Decision or the
Environmental Impact Statement (EIS) should be submitted to the
Superintendent, Padre Island National Seashore, P.O. Box 181300, Corpus
Christi, Texas 78480-1300, telephone (361) 949-8173, or e-mail to:
pais_superintendent@nps.gov. You may also view the entire ROD at the
Padre Island NS web site: http://www.nps.gov/pais and click on ``In
depth.''

SUPPLEMENTARY INFORMATION: The summary of the Record of Decision
follows:
    The Department of the Interior, National Park Service (NPS), has
prepared this Record of Decision (ROD) on the final Environmental
Impact Statement (EIS) for the Oil and Gas Management Plan for Padre
Island National Seashore, located within Kleberg, Kenedy and Willacy
Counties, Texas. This ROD provides a statement of the decision made; a
summary description of the 3 alternatives analyzed in the EIS;
identification of the environmentally preferable alternative; the
decision rationale used in selecting the alternative; a description of
mitigation measures and monitoring plans that will be implemented for
the selected alternative; and a statement that addresses how all
practical means to avoid or minimize environmental harm from the
selected alternative have been adopted.
    Congress established Padre Island National Seashore on September
28, 1962, 16 U.S.C. 459d et seq., ``in order to save and preserve, for
purposes of public recreation, benefit, and inspiration, a portion of
the diminishing seashore of the United States that remains undeveloped
. . .''
    At the time of the park's establishment, surface ownership was held
by the State of Texas or by private landowners. In 1963, the surface
estate owned by the State of Texas was donated to the United States,
while those surface rights held by private landowners were acquired by
the federal government through condemnation proceedings in 1965 and
1966. Private owners retained all mineral interests underlying the
park's terrestrial landbase. Those underlying the submerged lands under
the Laguna Madre and Gulf of Mexico were retained by the State of Texas
and are administered by the Texas General Land Office. Thus, the
federal government does not own any of the subsurface oil and gas
rights in the park.
    In Padre Island National Seashore's enabling act (16 U.S.C.
subsection 459d-3(a) and section 459-4, 4(a) and section 5), Congress
authorized the NPS to regulate nonfederal oil and gas development. The
NPS recognizes these activities as important to those individuals and
entities that have developed or intend to develop nonfederal oil and
gas resources underlying the park. The NPS' Nonfederal Oil and Gas
Rights Regulations are published at Title 36 of the Code of Federal
Regulations, Part 9, Subpart B (36 CFR Part 9B). The 36 CFR Part 9B
regulations provide the fundamental regulatory mechanism through which
the NPS permits and regulates nonfederal oil and gas operations within
units of the National Park System. Many past, present, and future
anticipated oil and gas operations, however, have potential to
adversely impact park resources, visitor use and experience, and human
health and safety, which NPS is required to address.
    Public involvement and the 36 CFR Part 9B regulations, in
combination with laws, other regulations, NPS policies, executive
orders, and applicable direction provided in park planning documents,
form the legal and policy requirements that helped to direct and
ultimately determine the decision to select Alternative A. These
guidelines were also used as fundamental direction and guidance for all
of the alternatives considered in the EIS. More in depth discussion of
Current Legal and Policy Requirements are described in the EIS, in
Chapter 2, Part II, and in Appendices B and C.
    The Reasonably Foreseeable Development scenario (RFD) is used to
provide a basis to compare and analyze alternatives, and address
cumulative effects of the action. The RFD used in the final plan
assumes that a 3-D seismic survey would be conducted over the entire
Seashore. Following the 3-D seismic survey, full field development of 6
gas fields could result in up to 18 wells being drilled to develop 80
billion cubic feet of natural gas and associated liquid hydrocarbons.
This level of exploration and development could utilize up to 748 acres
of the terrestrial landbase for seismic exploration, and up to 250
acres of direct surface impacts for drilling and production operations.
It is understood that the actual level of exploration and development
may be less or greater than projected in the RFD scenario.
    During the scoping process on the Draft EIS, the NPS
interdisciplinary (ID) team, along with public input, identified
resources and values that could be affected by nonfederal oil and gas
operations. Park resources, and locations identified as being
particularly sensitive to potential adverse impacts from oil and gas
operations, and/or necessary to protect resources and values important
to the overall legislated purposes of the park, were designated as
Sensitive Resource Areas (SRAs). In addition, other topics of concern,
such as the effect of future planning decisions on nonfederal oil and
gas development, were considered and evaluated in the Oil and Gas
Management Plan/EIS. The ID team also developed issue statements to
define problems (and benefits) that might occur with oil and gas
operations (see FEIS, Chapter 1, pages 1-17 through 1-22).
    The issue statements and SRAs were used in the evaluation and
selection of Alternative A. The list of SRAs is provided in the final
plan (see Chapter 2, page 2-8).

Decision (Selected Action)

    This Record of Decision adopts and approves for immediate
implementation Alternative A, the (Preferred Alternative). Padre Island
National Seashore identified Alternative A as the agency preferred
action that best satisfies the park and NPS missions, as well as the
park's long-term management objectives. In response to public comments
and concerns, Alternative A has been slightly modified from the
Preferred Alternative published in the Draft Oil and Gas Management
Plan/EIS in February 1999.
    From this planning effort, a final plan will be prepared that
describes the overall approaches to be implemented over the next 15 to
20 years to manage the exploration and development of nonfederal oil
and gas underlying Padre Island National Seashore. It will utilize the
ROD, mitigation measures, and existing planning documents to protect
natural and cultural resources, visitor use values, and human health
and safety concerns. The final plan will serve as a guide for directing
geophysical exploration, exploratory drilling, treatment and storage
(production), and transportation of nonfederal oil and gas resources in
the park. It will also provide pertinent information to oil and gas
owners and operators that will facilitate operations planning and

[[Page 60680]]

compliance with all applicable regulations.

Alternatives Analyzed in the EIS

    Three alternatives were evaluated in the EIS.
    No Action/Current Management (Alternative B). Alternative B
provides a benchmark of existing environmental impacts against which
the decision-maker can compare the environmental effects from
Alternatives A (Preferred) and C (Maximum Resource Protection for All
Sensitive Resource Areas). It describes baseline conditions under the
current program of oil and gas management at Padre Island National
Seashore. Under Alternative B, all 130,434 acres of the park could be
considered for nonfederal oil and gas exploration and development under
Current Legal and Policy Requirements.
    Identification of sensitive resources and values, and application
of mitigation measures specific to the type and scope of operations
proposed would be developed during initial scoping meetings between the
operator, the NPS, and other interested state and federal agencies, and
presented for comment and review at subsequent meetings during the
public involvement process. Mitigation measures would be developed and
applied, as needed, to comply with Current Legal and Policy
Requirements.
    Under the No-Action alternative, no comprehensive planning document
would be available. Proposed actions would continue to be assessed on a
case-by-case basis, and identification of sensitive resources and
values, recommended mitigation measures and protection of sensitive
resources and values may not be consistently applied. Sensitive
resources and values vulnerable to potential adverse impacts from
nonfederal oil and gas operations are at greater risk.
    Preferred Alternative (Alternative A) (Selected Action). Under
Alternative A, Sensitive Resource Areas (SRAs) within Padre Island
National Seashore will be formally designated, and specific protection
prescribed. SRAs include 4 cultural sites listed or eligible for
listing on the National Register of Historic Places, 3 freshwater
ponds, the Laguna Madre, wind-tidal flats, visitor use areas,
foredunes, washover channels, rookery islands, and 2 relict live oak
mottes. Specific protection, tailored to avoid or minimize potential
adverse impacts from specific types of oil and gas operations, is
applied as operating restrictions to each SRA. Operating restrictions
include No Surface Disturbance, No Surface Occupancy, No Surface
Access, and Timing Stipulations.
    As a mitigation measure, operating restrictions will be applied to
the SRAs within designated protective buffers. The maximum acreage of
the SRAs is 68,731 acres or 52.7 percent of the park. Specific
operating restrictions applied to SRAs will effectively close surface
use on 1,316 acres (1.0% of the park) to geophysical (3-D seismic)
exploration. Additional closures are described in Table 2.3, pages 2-
12--2-15 of the final plan. Where specific types of oil and gas
operations could be permitted within SRAs, the requirement to conduct
operations ``in a manner which utilizes technologically feasible
methods least damaging to the federally-owned or controlled lands,
waters and resources of the unit while assuring the protection of
public health and safety'' is a standard requirement.
    In areas of the park that are not formally designated as Sensitive
Resource Areas, comprising 61,703 acres (47.3% of the park), oil and
gas operations will be permitted under Current Legal and Policy
Requirements (CLPR).
    One error in the Selected Plan, Alternative A, in the Final Oil and
Gas Management Plan/EIS (see FEIS, pages S-10 and S-11, and 2-13 and 2-
14) is corrected in this ROD. The timing stipulation applied to Rookery
Islands is corrected to read: ``No Surface Access would be permitted
within 1,000 feet of the island edge between February 15 through August
31;'' and that ``geophysical exploration may be permitted between
September 1 through February 14, under CLPR.''
    Maximum Resource Protection in All Sensitive Resource Areas,
Alternative C. Under this alternative, Sensitive Resource Areas (SRAs)
within Padre Island National Seashore would be formally designated,
similar to Alternative A. The SRAs, and their maximum protective
buffers, would be the same as those designated under Alternative A.
Alternative C would provide maximum resource protection to all SRAs by
applying a No Surface Access stipulation within SRA protective buffers.
This would comprise 68,731 acres (52.7% of the park). Although SRAs
would be closed to surface access, underlying nonfederal oil and gas
could be reached via directional drilling technology from outside the
SRAs. Where SRAs are small, operators could plan geophysical operations
around them, and directionally drill underneath them. However, for the
geographically large SRAs that include the Laguna Madre and Wind-Tidal
Flats, about 58,790 acres would not be accessible. The lack of current
or site-specific 3-D seismic data from these areas may deter operators
from drilling extended-reach directional wells, and a portion of this
acreage may be effectively unavailable for oil and gas development.
This could result in moderate to major adverse impacts to oil and gas
exploration and development and to owners, operators or lessees.
    In areas of the park not designated as SRAs, comprising 61,703
acres (47.3% of the park), oil and gas operations could be permitted
under Current Legal and Policy Requirements.
    Under all three alternatives, contamination of soils from past and
current oil and gas operations are limited to small geographic areas.
Because of the risk these contaminants present to wildlife and water
quality, the cumulative impact to soils under all alternatives is
considered a major adverse impact until the contaminated sites are
remediated. Mitigation measures required under Current Legal and Policy
Requirements reduce the potential for leaks and spills of oil and gas
and contaminating, or hazardous materials, and require cleanup and
remediation measures.

Identification of the Environmentally Preferable Alternative

    Alternative C is the environmentally preferable alternative. The
Council on Environmental Quality (CEQ) has stated, ``The
environmentally preferable alternative is the alternative that will
promote the national environmental policy as expressed in NEPA's
Section 101. Generally this means the alternative which causes the
least damage to the biological and physical environment. It also means
the alternative which best protects, preserves, and enhances historic,
cultural, and natural resources.'' The No Surface Access operating
stipulation applied within maximum SRA protective buffers would close
68,731 acres (52.7% of the park) to all types of oil and gas operations
so that there would be no direct impact on these areas from nonfederal
oil and gas operations. Therefore, Alternative C would provide maximum
protection to park resources and values, human health and safety, and
visitor use and enjoyment of those resources.

Decision Rationale Used in Selecting Alternative A

    Alternative A is selected for implementation over the
environmentally preferable Alternative C because, after careful
consideration of public comments throughout the

[[Page 60681]]

planning process, including comments on the draft EIS, the selected
action best accomplishes the legislated purposes of Padre Island
National Seashore and balances the statutory mission of the NPS to
provide long-term protection to the park's resources and significance,
while allowing for the exercise of rights to oil and gas not owned by
the United States. The selected Alternative A also best meets the
objectives of the Oil and Gas Management Plan/Final Environmental
Impact Statement to:
     Identify which park resources and values are most
sensitive to oil and gas exploration and development disturbance, and
define mitigation requirements to protect such resources and values;
     Establish reasonable oil and gas exploration and
development performance standards to protect park resources and values;
and
     Provide pertinent information to oil and gas owners and
operators that will facilitate operations planning and compliance with
all applicable regulations.
    The mitigating measures applied through specific operating
stipulations for each SRA under Alternative A will increase protection
to SRAs over baseline conditions (No Action Alternative B), so that
potential adverse impacts are either avoided or reduced to acceptable
limits; but will provide less than the maximum protection provided SRAs
under Alternative C. Due to the extensive acreage of SRAs where a
blanket No Surface Access operating stipulation is applied under
Alternative C, a portion of this acreage may be effectively unavailable
for oil and gas development. Therefore, the NPS has decided that
Alternative A best accomplishes identified planning objectives, with
the fewest environmental impacts.

Description of Mitigation Measures and Monitoring Plans for the
Selected Alternative A

    The NPS will implement the resource protection, mitigation, and
monitoring measures found in the selected Alternative A, and described
under Current Legal and Policy Requirements (Chapter 2, Part II; and
Appendix C) of the final EIS and plan. The operating stipulations
applied in Alternative A to Sensitive Resource Areas (SRA) provide
specific mitigation measures that result in avoiding or minimizing
potential adverse impacts from nonfederal oil and gas operations.
    The final location for each well site, production facility, access
road, gathering pipeline segment, or other facility will be determined
following a site specific environmental document in accordance with the
NPS' NEPA policy (Director's Order 12). Development and evaluation of
these individual ``Plans of Operations'', by the NPS, and with input
from interested state, federal agencies, and public involvement, will
incorporate existing mitigation measures described here and in the
final plan. Additional mitigation measures will be developed to avoid
or minimize potential adverse impacts. The park will continue to
routinely monitor and inspect nonfederal oil and gas operations to
ensure compliance with approved plans of operations, and to protect
resources and seashore values. NPS and the operator's personnel will
conduct these monitoring inspections to ensure that the mitigation
measures are effective and implemented.
    Mitigation measures also may include: reclaiming/closing roads and
wellpads to restore fish and wildlife habitat; reducing the extent of
surface disturbance associated with wellpads, access roads and pipeline
corridors (to the extent permitted by safety standards); and maximizing
reclamation and restoration success on disturbed lands to improve
wildlife habitat wherever reasonably possible.
    All practicable means to avoid of minimize environmental impacts
from the selected alternative will be adopted and incorporated into the
final plan.

Public Involvement

    Public comment has been requested, considered, and incorporated
throughout the planning process:
     A Notice of Intent to prepare an EIS was published in the
Federal Register on June 10, 1997 (Vol. 62, No. 111, pg. 31622), and in
newspapers, including the Austin American-Statesmen, the Houston
Chronicle, and the Corpus Christi Caller Times.
     The NPS mailed a public scoping newsletter to over 300
individuals, organizations, and government agencies to explain the
planning process, provide information, and encourage public
participation.
     A public scoping open house was held in Corpus Christi,
Texas, on July 9, 1997. During the scoping period, nine comment letters
were received, and 13 individuals requested to be added to the mailing
list.
     A second newsletter was sent to more than 280 individuals
on March 6, 1998, summarizing the results of the scoping open house and
the written comments received by the NPS.
     The following state and federal agencies were consulted:
U.S. Fish and Wildlife Service
National Marine Fisheries Service
Texas Parks and Wildlife
Texas State Historic Preservation Officer and Tonkawa Tribe
Texas General Land Office
Texas Coastal Coordination Council.
     A Notice of Availability was published by the NPS in the
Federal Register on February 24, 1999 (Vol. 64, No. 36, pg. 9167-9168);
and, upon filing of the Draft Oil and Gas Management Plan/EIS.
     The U.S. Environmental Protection Agency (EPA) published a
Notice of Availability in the Federal Register on February 26, 1999
(Vol. 64, No. 38, pg. 9508). Fifteen (15) comment letters were
received. All substantive comments (62) were addressed in the final
EIS.
     The public review period ran from February 26 through May
12, 1999.
     In addition, the document was posted on the Internet at
the Padre Island NS web site.
     The Final Oil and Gas Management Plan/EIS was released to
the public on February 23, 2000. The EPA Notice of Availability was
published in the Federal Register on March 3, 2000 (Vol. 65, No. 43,
pg. 11575); the NPS Notice of Availability was published in the Federal
Register on March 7, 2000 (Vol. 65, No. 45, pgs. 12029-12030). The
final document included a reprint of the 15 comment letters and NPS
responses. In response to releasing the Final Oil and Gas Management
Plan/EIS, 4 comment letters were received. The comments in the 4
letters raised no new substantive issues.

    Dated: August 14, 2000.
John A. King,
Director, Intermountain Region.
[FR Doc. 00-26142 Filed 10-11-00; 8:45 am]
BILLING CODE 4310-70-P

 
 

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