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Southwestern Region, Arizona, New Mexico, West Texas and Oklahoma; Proposed Surface Management of Natural Gas Resource Development on Jicarilla Ranger District, Carson National Forest, Rio Arriba County, NM
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 13, 2002 (Volume 67, Number 156)]
[Notices]
[Page 52706-52709]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au02-28]
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DEPARTMENT OF AGRICULTURE
Forest Service
Southwestern Region, Arizona, New Mexico, West Texas and
Oklahoma; Proposed Surface Management of Natural Gas Resource
Development on Jicarilla Ranger District, Carson National Forest, Rio
Arriba County, NM
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The Carson National Forest, Jicarilla Ranger District is
preparing an environmental impact statement (EIS) on a proposal to
amend the Forest's Land and Resource Management Plan (hereafter called
Forest Plan) to incorporate standards and guidelines for surface
management of natural gas resource development on the Jicarilla Ranger
District. The proposal would also determine the availability of all
unleased National Forest System lands on the Jicarilla Ranger District
(4,385 acres) and, if determined available for leasing, add any needed
surface protection stipulations to be forwarded to the Bureau of Land
Management (BLM) for future lease sales. Once a decision is made to
amend the Forest Plan, the standards and guidelines in that decision
would remain in effect until the Forest Plan is revised. The Carson
National Forest is scheduled to begin a scheduled revision process in
2007 for completion by 2010.
Ninety-seven percent of the Jicarilla Ranger District of the Carson
National Forest is currently leased. Most of the
[[Page 52707]]
leases were issued between 1950 and 1970, prior to the passage of NEPA.
Over 500 gas wells, with hundreds of miles of associated access roads,
pipelines, compressor stations and other facilities currently exist on
the District. Anticipated future development over the next 20 years on
the District has been forecast to be around 700 more new wells. There
is a need for an evaluation and determination of how to facilitate the
orderly development of energy resources in the area, while minimizing
disturbance to surface resources and uses. A comprehensive cumulative
effects analysis that considers surface resource concerns of oil and
gas development, such as impacts to wildlife, recreation, cultural
resources and water quality, would provide information needed to
establish new standards and guidelines in the Carson Forest Plan for
management of oil and gas development on the Jicarilla Ranger District.
DATES: The Forest Service is asking that comments on the proposed
action (scoping) be received by September 9, 2002. It is estimated that
the draft EIS will be completed and distributed by February 2003. A 45-
day comment period will follow the date the Environmental Protection
Agency publishes the notice of availability in the Federal Register.
The final EIS and record of decision are estimated to be released in
October 2003.
ADDRESSES: The draft and final EIS will be available upon request from
the Carson Forest Supervisor's Office, Attn: Lands and Minerals, 208
Cruz Alta Road, Taos, NM 87571. Comments related to the draft EIS can
be sent to the Forest Supervisor, Attn: Jicarilla Gas Development EIS
at the same address.
Responsible Official: The Forest Supervisor, Carson National
Forest, is the responsible official and will decide whether or not: (1)
4,385 unleased acres scattered throughout the Jicarilla Ranger District
would be made available for lease, and if so under what conditions; (2)
the Forest Plan should be amended to provide for standards and
guidelines (stipulations) for the issuance of any new leases that may
result from the expiration, termination, or relinquishment of currently
leased National Forest System lands; (3) the Forest Plan should be
amended to provide standards and guidelines (conditions of approval)
for approving development activities on currently leased National
Forest System lands, if so what would they be and where would they be
applied (4) monitoring is necessary, if so what type of monitoring.
FOR FURTHER INFORMATION CONTACT: Assistant Recreation, Lands and
Minerals Staff Officer, Carson Forest Supervisor's Office (505) 758-
6272.
SUPPLEMENTARY INFORMATION: The Forest Service is planning to amend the
Carson Forest Plan to include new standards and guidelines for surface
management of gas development on the Jicarilla Ranger District and to
determine the availability of all unleased National Forest System lands
on the Jicarilla Ranger District and if determined available for
leasing, add any needed surface protection stipulations to be forwarded
to the BLM for future lease sales.
Reasonable Foreseeable Development Scenario
In 2001, the BLM commissioned a study conducted by New Mexico
Institute of Mining and Technology, with input from oil and gas
industry representatives, to identify reasonable foreseeable
development of oil and gas in the New Mexico portion of the San Juan
Basin. This study resulted in a Reasonable Foreseeable Development
Scenario (RFDS), which forms the basis for projected oil and gas
development in the San Juan Basin over the next 20 years. The
environmental analysis will address the cumulative effects of the RFDS.
An RFDS is the prediction of the type and amount of oil and gas
activity that would occur in a given area. The prediction is based on
geologic and engineering factors, past history of drilling, and well
spacing and density according to state regulations. The purpose of the
RFDS is to provide a reasonable projection of the expected demand for
development.
Details of the Proposed Action
Jicarilla Ranger District (except Special Areas--Bancos, Fierro, La
Jara, Valencia and Highway 64)
In order to ensure access is available to reach gas resources, meet
the energy needs of the Nation, sustain the productivity of the land
for other uses, support biodiversity and maintain long-term health of
the ecosystems on the Jicarilla Ranger District, the Forest Service
proposes to include standards and guidelines in the Carson Forest Plan
for the Jicarilla Ranger District (except Bancos, Fierro, La Jara,
Valencia and Highway 64 Special Areas, which are described separately
below). These proposed standards and guidelines would:
--Maintain a total road (open and gated) density of not more than 3
miles/mi\2\ averaged over a 4 mi\2\ area;
--Not exceed 50 acres averaged over a 4 mi\2\ area of total surface
disturbance (other than roads) resulting from gas development
activities (past, present and future);
--Locate collector pipelines (tie-ins) along roads;
--Not allow well pad construction on slopes greater than 20 percent,
with cuts over 15 feet, except when other resource needs indicate;
--Minimize new roads crossing slopes greater than 40 percent and ensure
maximum grades of 8 percent (except on pitch grades not exceeding 300
feet in length and 10 percent in grade). Require an engineering design
to support road construction on slopes greater than 40 percent;
--Gate all new roads over 300 feet, except when other resource needs
indicate the road should be left open;
--Not allow gas field construction or rig activities to occur from
November 1st to April 1st;
--Exclude well pad construction and minimize road crossings in riparian
areas;
--Not see or hear gas development structures and activities from
designated recreation sites;
--Not exceed a decibel level of 48.6 in all noise sensitive areas as
established in the Noise Policy proposed by the BLM and require noise
abatement measures on all new facilities throughout the Jicarilla
Ranger District.
Bancos Canyon
The Forest Service proposes to continue to allow current
leaseholders their legal access to the gas resource from the
surrounding rim of Bancos Canyon. To protect unique cultural sites and
the unroaded characteristics of Bancos Canyon, surface disturbing
activities, such as well pads, pipelines or roads, would not be allowed
or would be significantly restricted within the canyon itself. Any new
leases would have a ``no surface occupancy'' stipulation.
Fierro Canyon and Mesa
The Forest Service proposes to continue to allow current
leaseholders their legal access to the gas resource from the
surrounding rim of Fierro Canyon. To protect the unroaded
characteristics and wildlife values of Fierro Canyon, surface
disturbing activities, such as well pads, pipelines or roads, would not
be allowed or would be significantly restricted within the canyon
itself. Any new leases for Fierro Canyon would have a ``no surface
occupancy'' stipulation. The Forest Service proposes development on
Fierro
[[Page 52708]]
Mesa would be accomplished through gated access road(s). Overall
surface disturbance on the Mesa would be limited. Water would be piped
to a central location either on the Mesa, behind a gate, or off the
Mesa. Use of remote sensing would be implemented to minimize road use.
La Jara and Valencia Canyons
The Forest Service proposes to continue to allow current
leaseholders their legal access to the gas resource from the
surrounding canyon rims of La Jara or Valencia Canyons. To protect
unique cultural sites, wildlife values and the unroaded characteristics
of these canyons, surface disturbing activities, such as well pads,
pipelines or roads, would not be allowed or would be significantly
restricted within the canyons themselves. Any new leases for La Jara or
Valencia canyons proposed in the future would have ``no surface
occupancy'' stated in the lease.
US Highway 64 Corridor
In order to protect the unique vistas and riparian vegetation seen
from the US Highway 64 corridor, the Forest Service proposes to manage
the US Highway 64 Corridor with a visual quality objective of
Retention. Under Retention the existing character of the landscape is
retained. The level of change to the characteristic landscape is low.
Management activities may be seen, but should not attract attention of
the casual observer. Any changes must repeat the basic elements of
form, line, color and texture found in the predominant natural features
of the characteristic landscape. In order to meet this objective,
future well sites would require the use of low profile facilities,
tanks painted in a dark color, tree screens and topography to hide
facilities. Well sites would not be permitted on ridgelines and cuts in
slopes over 15 feet would be prohibited. These visual quality standards
would reduce or eliminate the visual impacts of gas development along
US Highway 64.
Mitigation Measures
Along with the above standards and guidelines for each area, this
proposed action assumes that the site-specific Conditions of Approval
would be incorporated in any approved application for permit to drill
(APD) a gas well. These conditions include standard mitigation measures
and best management practices, such as inventory and protection of
archeological sites, stabilization of disturbed sites and road
maintenance.
Preliminary Issues and Alternatives
The Forest Service has developed this proposed action to meet a
purpose and need with the best information available--it is not a
decision. This proposal is intended to facilitate public involvement in
identifying pertinent issues, developing meaningful alternatives, and
analyzing relevant effects. The intent of a NEPA analysis is to
consider and disclose the effects of a proposed action and its
alternatives before making a decision.
Public Involvement
Public review and comments on the proposed action will help the
Forest Service identify any issues generated by the proposal and aid in
the development of alternatives to be analyzed. The EIS for Surface
Management of the Natural Gas Resource Development on the Jicarilla
Ranger District will evaluate the effects on watersheds, vegetation,
wildlife, threatened and endangered plants and animals, riparian areas,
soils, air and water quality, reaching gas resources, social and
economic conditions, recreation, heritage resources, noise and other
concerns that may arise from public response to this notice.
In addition to sending this report to the Ranger District's mailing
list and others known to be interested in gas development activities in
the area, the Forest Service will be holding two open houses. No
presentation will be given, but the Forest Service and others will be
on hand to answer questions, provide additional information (maps, fact
sheets, etc.), and give you a chance to talk one-on-one with those
involved in the environmental analysis. Anyone is invited to submit
written or oral comments before and during the open house. These
comments will be considered in developing alternatives for the Draft
EIS.
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Date Time Place
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Thursday, September 5th....... 3 pm-8 pm........ Bloomfield Cultural
Complex, 333 South
First St.,
Bloomfield.
Friday, September 6th......... 3 pm-8 pm........ Farmington Civic
Center, 200 W.
Arrington,
Farmington.
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The Forest Service is requesting that public concerns and comments
on the proposed action be submitted to the address below by September
9, 2002: Forest Supervisor, Attn: Jicarilla Gas Development EIS, Carson
National Forest, 208 Cruz Alta Rd., Taos, NM 87571.
Comments received in response to this solicitation, including names
and addresses of those who comment, will be considered part of the
public record on this proposed action and will be available for public
inspection. Comments submitted anonymously will be accepted and
considered; however, those who submit anonymous comments will not have
standing to appeal the subsequent decision under 36 CFR parts 215 or
217. Additionally, pursuant to 7 CFR 1.27(d), any person may request
the agency to withhold a submission from the public record by showing
how the Freedom of Information Act (FOIA) permits such confidentiality.
Persons requesting such confidentiality should be aware that, under the
FOIA, confidentiality may be granted in only very limited
circumstances, such as to protect trade secrets. The Forest Service
will inform the requester of the agency's decision regarding the
request for confidentiality, and where the request is denied, the
agency will return the submission and notify the requester that the
comments may be resubmitted with or without name and address within
seven days.
The Forest Service believes, at this early stage, it is important
to give reviewers notice of several court rulings related to public
participation in the environmental review process. First, reviewers of
draft environmental impact statements must structure their
participation in the environmental review of the proposal so that it is
meaningful and alerts an agency to the reviewer's position and
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,
553 (1978). Also, environmental objections that could be raised at the
draft environmental impact statement stage but that are not raised
until after completion of the final environmental impact statement may
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,
it is very important that those interested in this proposed action
participate by the close of the comment period so that substantive
comments and objections are made
[[Page 52709]]
available to the Forest Service at a time when it can meaningfully
consider them and respond to them in the final environmental impact
statement. To assist the Forest Service in identifying and considering
issues and concerns on the proposed action, comments on the draft
environmental impact statement should be as specific as possible. It is
also helpful if comments refer to specific pages or chapters of the
draft statement. Comments may also address the adequacy of the draft
environmental impact statement or the merits of the alternatives
formulated and discussed in the statement. Reviewers may wish to refer
to the Council on Environmental Quality Regulations for implementing
the procedural provisions of the National Environmental Policy Act at
40 CFR 1503.3 in addressing these points.
The Carson National Forest has contracted with Science Applications
International Corporation (SAIC-Albuquerque) to develop the
environmental impact statement in cooperation with the staff from the
Jicarilla Ranger District and the Forest Supervisor's Office. In
addition to conducting the technical analyses and developing the
documents, SAIC will assist the Forest Service with public outreach
efforts.
Dated: August 5, 2002.
Martin D. Chavez Jr.,
Forest Supervisor, Carson National Forest.
[FR Doc. 02-20399 Filed 8-12-02; 8:45 am]
BILLING CODE 3410-11-P