Moab/Monticello Ranger District

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1 PROJECT NAME: Bill Barrett Drilling Pine Ridge #2 and #3 DATE: February 24, 2010 PROJECT LOCATION: T28S, R25E, section RANGER DISTRICT: Moab/Monticello Ranger District PROJECT DESCRIPTION: The Manti-La Sal National Forest, Moab/Monticello District proposes to authorize Bill Barrett Corporation (BBC) to conduct surface operations associated with accessing, drilling, testing, and completing the Pine Ridge #2 and #3 (BBC Project) natural gas wells, as described in the Surface Use Plan of Operations (SUPO) portion of BBC s APD for these wells. Forest Service Conditions of Approval (COA s) will be added to the SUPO before operations begin. In association with this project is the Pine Ridge #1 drilling that was started in 2008, but due to problems encountered during drilling, the project will be completed in There will be no new disturbance with this work. The testing of the well will take approximately days or through the winter of The company s next course of action will depend on whether any or all of these wells are successful. BBC is proposing to drill two exploratory natural gas wells named Pine Ridge #2 and #3, in San Juan County, Utah in the summer of 2010 (#3) and 2011 (#2). The proposed wells are located on a federal oil and gas lease UTU issued to BBC by the Bureau of Land management (BLM) on May 01, These wells would explore for and potentially develop federal minerals located under National Forest System (NFS) lands. The proposed BBC Project well pads and access roads would be located entirely on Federal lands administered by the USDA Forest Service (Forest Service), Manti-La Sal National Forest, Monticello Ranger District. All applicable permits and approvals would be obtained prior to construction and drilling operations. A Surface Use Plan of Operations has been submitted to the Forest Service. As the surface management agency, the Forest Service may approve the SUPO with any appropriate conditions of approval (COA). The decision associated with this analysis is the mechanism by which the SUPO is approved by the Forest Service. The proposed wells would be drilled to access Federal minerals under the management of the Bureau of Land Management (BLM) Moab Field Office. As such, BBC s drilling plan for the Project would require BLM approval prior to drilling. Federal approval of the drilling plan would be accomplished through the Application for Permit to Drill (APD) process. The APD includes a drilling plan, evidence of bond coverage, and other information requested by the BLM for evaluating the proposed wells. Each of these components must be approved before the final APD is approved. BLM approval of the APD(s), among other items, requires the applicant to comply with the following: All activities must comply with applicable Federal laws and regulations, as well as State and local laws and regulations to the extent that such State and local laws are applicable to Federal leases; Operations must result in diligent development and efficient resource recovery; All activities must contain adequate safeguards to protect the environment; Disturbed lands must be properly reclaimed; Underground sources of fresh water must be protected from fluid injection operations; and All activities must protect public health and safety. Primary access to the proposed sites would be provided by Utah State Highway 46, San Juan County Road 125, Buckeye Road and a constructed access road. This project would require the construction of a 1.8 acre well pad for #2, a 2.2 acre well pad for #3 and construction of 2400 feet of new road for #2 and 250 feet of new road for #3. New roads are proposed to be constructed to a width of 32 feet, with a final running surface of 18 feet. Biological Assessment/Evaluation and Wildlife Report Page 1 of 12

2 The proposal is to drill a vertical exploratory well to formations within the Cutler group. Drilling operations would take place 24 hours a day for a period of days (weather permitting if problems arise during the project, operations may be delayed until the next summer) until a depth of approximately 9,500 feet is reached for #2 and 9107 feet for #3. Completion of the wells would take another 45 days and they may be subject to testing for up to 12 months after completion. If the wells demonstrate the potential for production, subsequent proposal(s) would be necessary for construction of production facilities, pipelines, and year-round access. If the wells prove to be incapable of producing natural gas in commercial quantities, they would be plugged and abandoned and the location reclaimed according to Forest Service standards. The volume of water necessary for drilling the proposed wells is approximately 1.3 acre-feet (10,000 U.S liquid barrels) for each. BBC would utilize water from local landowners. BBC may also obtain water from a licensed water hauler with a permitted source. If an alternate source is located, a Sundry Notice would be filed indicating the new source of water. All water needed for drilling would be transported to the well location by truck. Construction and/or drilling will not occur outside the normal operating season (May 15 to Oct 30) without authorization from the district. There are timing limitation stipulations in the BBC lease to preclude construction and drilling operations during the period from May 1 to July 5. This action is within the Categorical Exclusion listed in 36CFR220.6(e)(17). The following tables list the Endangered, Threatened and Sensitive species of wildlife, fish and plants that are known to (or may) occur on the Moab/Monticello District of the Manti-La Sal National Forest. The Moab/Monticello District occurs on two counties in Utah, Grand and San Juan, and two counties in Colorado, Mesa and Montrose. Only the species that occur in San Juan County are included in the analysis for this project. This checklist considers the scope, magnitude and effects of the specific project, and will be documentation for assessment of these TE &S species. Potential direct effects from the proposed project are: noise/light disturbance increased traffic removal of 6 acres of habitat Following all project requirements/stipulations, there would be no impacts to surface water. The District biologist/botanist reviewed this project, assessed the scientific literature and available information on species distributions and habitat (using one or more of the following: field reconnaissance, previous surveys plus recent survey data from the project area, topographic and vegetation maps and aerial photos), and then analyzed the potential for impacts to all federally listed and Region 4 sensitive species. The available information is complete and adequate for the analysis of the direct/indirect effects of the proposed project. The scientific names, life history, current status and population trends for the wildlife and plant species considered in this document are summarized in a separate document (MLNF 2010). Consideration of the aforementioned material constitutes use of the best available science. If the project was determined to have no effect or no impact, this determination was based on one or more of the following criteria: 1. Habitat for the species is not present in the project area. 2. Habitat for the species is present but the species does not occur in this area. 3. Habitat for the species is present, the species occurs or may occur in the project area, but the project would not have any direct, indirect or cumulative effects on this species. 2

3 Matrix Legend Federally Listed Species No Effect NLAA - May Affect, Not Likely to Adversely Affect LAA - May Affect, Likely to Adversely Affect Forest Service Sensitive Species No Impact MIIH - May Impact Individuals or their Habitat, But Will Not Likely Contribute To A Trend Towards Federal Listing or Loss of Population Viability WIFV - Will Impact Individuals or Their Habitat That May Contribute To A Trend Towards Federal Listing or Cause A Loss of Population Viability Status T - Federally Listed As Threatened E - Federally Listed As Endangered C - Federal Candidate Species S - Regional Sensitive Species 3

4 A. WILDLIFE Federally Listed Threatened, Endangered, Proposed, and Candidate Species in San Juan County, UT (USFWS 2009) SPECIES STATUS DETERMINATION COMMENTS Black-footed Ferret E No Effect Does not occur in the project area. California Condor E No Effect Does not occur in the project area. Mexican Spotted Owl T No Effect The project area does not contain Protected/Restricted habitat as described in the recovery plan (USFWS 2005) or the primary constituent elements necessary for breeding/roosting habitat. It is greater than 0.5 miles from modeled breeding/roosting habitat (Willey-Spotskey 2000 model). The area is over 35 miles from the nearest known PAC, and is unlikely to be used for winter/dispersal habitat. Southwestern Willow Flycatcher E No Effect Southwestern willow flycatchers are unlikely to occur, as the project area is outside the known breeding range and it does not support suitable riparian/willow habitat. The ditch in section 15 (north of the project area) supports very limited riparian habitat upstream of the project area, and carries water in the spring to the adjacent private land. The ditch adjacent to site #2 is ephemeral; it seldom carries water and does not support riparian habitat as all the water is used on the private land to the north. The ditch adjacent to site #3 is used infrequently, and there is no riparian habitat developed in association with it. Potential downstream effects are negligible, as there are no additional water depletions (water will be acquired from existing water rights), there is no perennial surface water connection downstream and there are measures in effect to protect water quality. Yellow-billed Cuckoo C No Effect No suitable habitat in the project area. WILDLIFE USFS Region 4 Sensitive Species* (USFS 2009) SPECIES DETERMINATION COMMENTS Western Big-eared Bat Spotted Bat MIIH MIIH Due to the restrictive breeding/roosting requirements of these species (high cliffs and caves/mines), the proposed project would have no impacts to the main limiting factor for these species as these habitat features are not present in the project area. There may be impacts to foraging habitat and activity, as both of these bats are known to occur in similar habitats on the La Sal Mountains. Project activity will cause the direct removal of 6 acres of potential foraging habitat, and may cause displacement of foraging activity on a larger area due to noise and light disturbance. With the availability of at least 4000 acres of similar alternative foraging habitat on the south side of the La Sal Mountains (Map 1), there would be no impact to the population of these highly mobile species. 4

5 Bighorn sheep No Impact Outside the current occupied range of the species, and the project area does not contain suitable rugged canyon or cliff habitat. Northern Goshawk MIIH The nearest known goshawk nest area is approximately 5 miles away. The project area does not support suitable forested nesting habitat. A raptor nest survey within ½ mile of the proposed disturbance was conducted and no goshawk nests were observed (EIS 2009). The area may be used for foraging or winter habitat; project activity may result in avoidance/displacement of foraging birds. Considering the acreage (6 acres) and type of vegetation communities impacted, the project would not have measurable direct or indirect impacts to goshawks or their primary habitat. The project may impact the behavior of individual birds, but would not result in impacts to reproductive success or populations. Bald Eagle No Impact The nearest known nest area is along the Colorado River north of Moab (>45 miles away). Use during migration and winter may occur in the lower elevation valleys around La Sal. Project activity could result in displacement of foraging activity during migration and winter, but considering the activity already occurring in the immediate area (private homes/cabins, agriculture and high traffic roads) and the availability of undeveloped foraging habitat in the surrounding area, any impacts would be indeterminate and have no effect on population trends or viability. Flammulated Owl MIIH Flammulated owls prefer mature ponderosa pine/douglas fir forests with open canopies, but they can be found in second growth ponderosa pine, gamble oak, aspen and mixed conifer forests that contain a ponderosa pine component. The project area is within secondary flammulated owl habitat. There will be no removal of trees suitable for nesting (containing the required cavity). There may be impacts to individuals and foraging behavior, but the amount of habitat being disturbed (6 acres plus recommended 0.25 mile buffer 250 acres) will likely not impact flammulated owl populations (see Map 1). Peregrine Falcon MIIH There is no suitable peregrine nesting habitat within the project area, but there are suitable cliff areas within a 10 mile radius (La Sal Canyon). Average foraging distance from the eyrie (nest) ranges from 2-5 miles, depending on the density of prey (White et al 2002). Falcons have been observed in the La Sal area during the breeding season. They will use a wide variety of habitat types for foraging, including those heavily modified by humans (ie cities). Impacts to birds in this area may include avoidance and temporary displacement, but there are no impacts to primary foraging habitat in the canyons, or to critical, limiting nesting sites, or any activities in a location that could result in nest abandonment. There would be no impacts to the population. Three-toed Woodpecker No Impact No suitable forested habitat in the project area. *Species known or suspected to occur on the Moab/Monticello District of the Manti-La Sal National Forest ADDITIONAL COMMENTS: The seasonal restrictions on project activity minimize potential impacts to wildlife. The direct and indirect impacts to western big-eared and spotted bats, northern goshawk, flammulated owl and peregrine falcon are not to breeding habitat or activities, but to potential foraging habitat. This would not rise to level of impacts to the population. There is already a lot of human activity in the area, considering development and agriculture on adjacent private land and inholdings, other drilling activity (BBC #1), livestock grazing and high road density. Impacts from these activities in this cumulative effects area of 5

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9 D. Manti-La Sal National Forest MANAGEMENT INDICATOR SPECIES (MIS) SPECIES Mule Deer Rocky Mountain Elk Abert s Squirrel Golden Eagle COMMENTS While the project area is not within Forest Plan designated General Winter Range, it is in UDWR crucial summer range for deer and crucial winter range for elk. Construction and/or drilling will not occur during the elk winter period (11/1-5/15) without authorization from the district as it is outside the normal operating season. The timing limitation stipulations in the BBC lease will minimize disturbance during the calving and fawning period (5/1-7/5). Deer and elk would be a suitable management indicator species for this project and an additional pellet group transect will be established in the area to monitor winter use. The required ponderosa pine habitat for Abert s squirrels is not present in the project area. There are a few scattered ponderosas in the general area, but these would not be cut or otherwise disturbed by proposed action. Squirrels may move through the area, but it is not suitable habitat. The proposed activity would not affect population trends of Abert s squirrels. Golden eagles are primarily cliff nesting raptors. The nearest cliff habitat capable of supporting nesting golden eagles is1.5 miles away. Golden eagles have been known to use trees for nesting when cliff habitat is not present and forage is abundant. The tree nest survey for raptors conducted in spring of 2008 indicated no tree nest within ½ mile of the proposed disturbance. There would be no disturbance or activities associated with the proposed project that would lead to abandonment of an active eagle nest. Northern Goshawk A raptor nest survey within ½ mile of the proposed disturbance was conducted and no goshawk nests were detected (EIS 2009). District wildlife surveys have not identified any suitable nesting habitat or nests within 2.5 miles of the project area. While the area may be used for foraging or winter habitat, the project would not have any measurable direct or indirect impacts to goshawk nesting habitat or population trends. Macro-invertebrates As the potential effects of erosion and sedimentation on macro-invertebrate habitat would be minimized with enhanced erosion control measures included in the Conditions for Approval/Operating Plan, and given the distance of the project site from La Sal Creek, impacts to aquatic macro-invertebrates would be negligible. The proposed action is consistent with applicable Manti-La Sal National Forest Land and Resource Management Plan objectives, standards and guidelines for Management Indicator Species. Due to the location, limited scope and intensity of the proposed project and project design criteria (including the seasonal restrictions) there would be no measurable effects to populations of any of the management indicator species. 9

10 E. Migratory Birds* PRIORITY SPECIES OR HABITAT PRESENT? SPECIES OR HABITAT OF PRIORITY SPECIES POTENTIALLY AFFECTED? COMMENTS Yes Yes There are priority migratory bird species that may be impacted by this project. Birds that use these habitat types (pinyon-juniper and mountain brush) in this area are: Black-throated gray warbler Ferruginous hawk Gray vireo Juniper titmouse Pinyon jay Virginia s warbler A raptor nest search was conducted in a ½ mile buffer around project area in 2008 and No active nests were located. Ferruginous hawks are known to occur in the general area, especially in association with prairie dog colonies on adjacent private land. Due to the timing restrictions in the lease, construction and/or drilling operations with the use of heavy machinery will not commence until after July 5. By that time, nesting and fledging will be complete for the migratory passerines. After drilling operations, the reserve pits will be completely fenced and covered with netting, making them inaccessible to wildlife until final reclamation or other disposal. No incidental take is expected from these project activities. There is the loss of at least 6 acres of habitat and potential for displacement from the area, but the impacts are not measurable on a landscape scale. *Migratory birds selected for this analysis are from the following lists: Utah Partners In Flight Avian Conservation Strategy Priority Species (Parrish et al 2002), USFWS Birds of Conservation Concern 2008 Southern Rockies/Colorado Plateau species (USFWS 2008) and Utah Comprehensive Wildlife Conservation Strategy Tier I-III species (UDWR 2005). The species considered and their primary habitats are summarized in the life history report (MLNF 2010). Forest Plan consistency: This project will comply with applicable Forest-wide direction under Wildlife and Fish resource management (USDA Forest Service 1986, as amended). Habitat needs for all management indicator species are provided [(C01)01]. Discussion of Extraordinary Circumstances: Forest Service policy directs that a project may be categorically excluded from documentation in an environmental impact statement (EIS) or environmental assessment (EA) only if there are no extraordinary circumstances. Included in the list of resource conditions that should be considered in determining whether extraordinary circumstances warrant further analysis and documentation in an EA or and EIS are: Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or 10

11 Forest Service sensitive species. Presence of one or more of these resource conditions does not in itself constitute an extraordinary circumstance. It is the degree to which the proposed action could potentially affect one of these resources that determines whether an extraordinary circumstance exists. The determination was No Effect for all federally listed Endangered or Threatened species and critical habitat. The project May Impact individuals or their habitat of five sensitive wildlife species that occur in the area (western big-eared bat, spotted bat, northern goshawk, flammulated owl and peregrine falcon), but the scale of the proposed activities will not likely contribute to a trend towards Federal listing or loss of population viability. LITERATURE CITED: EIS Environmental and Engineering Consulting BBC Pine Ridge Drilling Project Tree Nesting Raptor Survey. May Manti-La Sal National Forest (MLNF) Life history and status summary for federally listed, USFS sensitive, MLNF management indicator and migratory bird species of concern including terrestrial and aquatic wildlife and plant species. Report prepared by B. Smith, Feb Parrish, J.R., F.P. Howe and R.E. Norvell Utah Partners in Flight Avian Conservation Strategy Version 2.0. Utah Partners in Flight Program, Utah Division of Wildlife Resources. UDWR Publication No USDA Forest Service Manti-La Sal National Forest Land and Resource Management Plan, as amended. Manti-La Sal National Forest, Price, UT. USDI Fish and Wildlife Service (USFWS) Federally listed and proposed, endangered, threatened, experimental, and candidate species and habitat in Utah by county, updated October Mountain-Prairie Region, Utah Field office, Salt Lake City, UT. USDI. Fish and Wildlife Service Birds of Conservation Concern United States Department of Interior, Fish and Wildlife Service, Division of Migratory Bird Management, Arlington, Virginia. 85 pp. [Online version available at < USDI Fish and Wildlife Service (USFWS) Recovery plan for the Mexican Spotted Owl: Vol.I. Albuquerque, New Mexico. White, C.M., N.J. Clum, T.J. Cade and W.G. Hunt Peregrine Falcon (Falco peregrinus), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online: 11

12 Map 1. Proposed BBC project area and vegetation types on the south side of the La Sal Mountains. 12