Decision Memo. USDA Forest Service, Southwestern Region Jicarilla Ranger District, Carson National. Forest Rio Arriba County, New Mexico

Transcription

1 Decisin Mem Burlingtn Resurces Oil & Gas Cmpany, LP San Juan 27-4 Unit #029C Natural Gas Well and Ancillary Facilities Surface Use Plan f Operatins USDA Frest Service, Suthwestern Regin Jicarilla Ranger District, Carsn Natinal. Frest Ri Arriba Cunty, New Mexic (Sectin 26, Twnship 27N, Range 4W, NMPM) Backgrund Burlingtn Resurces Oil & Gas Cmpany, LP (BROG) submitted a Surface Use Plan f Operatins (SUPO) t drill the San Juan 27-4 Unit #029C natural gas well. The SUPO was submitted by BROG as part f the San Juan 27-4 Unit #029C Applicatin fr Permit t Drill (APD). The San Juan 27-4 Unit #029C wuld directinally drill and develp the Blanc Mesaverde and Basin Dakta frmatins and develp BROG's valid and existing federal mineral lease, NMSF This lease is lcated within the Jicarilla Ranger District. All surface disturbance will be in NMSF NMSF is lcated in Sectins 26 and 36, Twnship 27 Nrth, Range 4 West, New Mexic Principal Meridian (NMPM), and encmpasses 1, ttal acres. This lease was issued in 1948 and cmmitted t the 27-4 Unit in BROG is the unit peratr. BROG will cnstruct the prpsed well pad and subsequently drill, prduce, and ultimately plug and abandn the well and reclaim the pad. The San Juan 27-4 Unit #029C will be lcated n a previusly abandned well pad. In cnjunctin with the San Juan 27-4 Unit #029C natural gas well, Williams Fur Crners, LLC (WFC) wuld cnstruct, wn, and perate 19.3 feet (ft.) f natural gas pipeline. This pipeline wuld tie the San Juan 27-4 Unit #029C int an existing WFC gathering system. Under the authrity f the Mineral Leasing Act f 1920, as amended (30 U.S.C. 181, et seq.), a federal mineral lease cnveys the right t use, in an envirnmentally respnsible manner, the prtin f the surface necessary t efficiently develp the leased federal minerals. The Frest Service is the surface management agency and has authrity ver the Surface Use Plan f Operatins, in accrdance with the Federal Onshre Oil and Gas Leasing Refrm Act f 1987 (FOOGLRA; 30 U.S.C. 181 et seq.). The San Juan 27-4 Unit #029C gas well is within an existing develped il/gas field in the San Juan Basin f nrthwestern New Mexic. Cntinued develpment fthis existing field was analyzed in the Carsn Natinal Frest's Final Envirnmental Impact Statement (FEIS) fr Surface Management f Gas Leasing and Develpment n the Jicarilla Ranger District. The FEIS was apprved as a Carsn Natinal Frest Land and Resurce Management Plan (Frest Plan) amendment and implemented n April9, The analysis cntained in the FEIS was based n a reasnable freseeable develpment scenari (RFDS) prepared by the New Mexic Institute f Mining and Technlgy (FEIS p. 14).

2 2 Decisin I have reviewed the prject recrd and have decided t apprve the SUPO with attached Cnditins f Apprval (COA) fr the San Juan 27-4 Unit #029C. This will allw BROG t cntinue develpment f existing mineral lease rights fr lease NMSF , while prtecting surface resurces t the maximum extent pssible. My decisin allws BROG t cnstruct, perate, maintain, and finally plug, abandn and reclaim the San Juan 27-4 Unit #029C well pad and any assciated prductin r ancillary facilities. Cnstructin, drilling, well re-entry, and any majr nn-prductin related activities are expected t take place annually between April 1 and Octber 31. In additin, I have decided t apprve a Pipeline Rute Plan submitted by WFC t cnstruct, wn, perate, and ultimately terminate the San Juan 27-4 Unit #029C well-tie pipeline pursuant t the attached pipeline stipulatins and the terms and cnditins f their special use authrizatin. WFC's special use authrizatin will be amended t reflect the additin f this pipeline. The pipeline amendment is based n a 40ft. wide crridr. The prject includes: Cnstructin f a 330-ft by 400-ft well pad, which includes a 50-ft wide cnstructin zne arund the entire prpsed well pad, t accmmdate cuts and fills. Ttal pad size is 3.03 acres. Cnstructin f 19.3 feet f natural gas pipeline. The entire pipeline wuld be cnstructed within the prpsed well pad and wuld nt require any additinal new surface disturbance. Ttal new surface disturbance fr the San Juan 27-4 Unit #029C well pad and well-tie pipeline is apprximately 3.03 acres: 3.03 acre pad: The previusly abandned well pad that it wuld utilize is cnsidered fully reclaimed. Ttal unreclaimed lease disturbance cnsists f apprximately acres: acres: 10 existing active well pads {14 ttal active wells) acres: Rads used fr lease peratins. All pipeline crridrs and abandned well lcatins in the lease are cnsidered fully reclaimed and are nt included in the disturbance calculatins. Als, Mtr Vehicle Use Map (MVUM) rads and nn-lease peratin rads are nt cnsidered in the disturbance calculatins. An aerial pht shwing lease disturbance is included in the prject recrd.

3 3 The San Juan 27-4 Unit #029C well will be lcated at: Surface lcatin: Sectin 26, Twnship 27 Nrth, Range 4 West, New Mexic Principal Meridian (NMPM) feet frm suth line (FSL) and 1629 feet frm east line (FEL). Bttm hle lcatin: Sectin 26, Twnship 27 Nrth, Range 4 West NMPM FSL and 710 FEL. This decisin in n way limits r diminishes the Frest Service's substantive authrity r respnsibility regarding review and apprval f a Surface Plan f Operatins cnducted pursuant t 36 CFR I assure peratins related t this decisin will minimize effects n surface resurces and prevent unnecessary r unreasnable surface resurce disturbance; including effects t cultural and histrical resurces, fisheries, wildlife, and plant habitat. Best Management Practices (BMPs) are t be applied as necessary t reduce impacts f any actins apprved under this decisin. Reasns fr Categrically Excluding the Decisin In cmpliance with Sectin 390 f the Energy Plicy Act f 2005 (EPAct; 42 U.S.C ) fr decisins cnducted pursuant t the Mineral Leasing Act f 1920, as amended fr the purpse f explratin and develpment f il r gas, this decisin is categrically excluded frm dcumentatin in an envirnmental impact statement r envirnmental assessment. Cnsideratin f extrardinary circumstances when utilizing a categrical exclusin per Sectin 390 f the EPAct was vacated and enjined by the District Curt f Wyming (Western Energy Alliance v. Salazar, N. 10-CV-237F (D. Wy.)). This decisin is tiered t the Final Envirnmental Impact Statement fr Surface Management f Gas Leasing and Develpment n the Jicarilla Ranger District, Carsn Natinal Frest and assciated Recrd f Decisin (FEIS/ROD) (7/25/2008). Pursuant t the Natinal Envirnmental Plicy Act f 1969, as amended (NEPA, 42 U.S.C et seq.), the FEIS/ROD analyzed the San Juan 27-4 Unit #029C as a reasnably freseeable activity included in the cumulative effects analysis fr the Jicarilla Ranger District. My decisin will utilize Sectin 390 f the Energy Plicy Act f 2005, Categry 1. Based n an individual surface disturbance f apprximately 3.03 acres and a ttal lease surface disturbance f acres, this decisin is within the parameters f Categry 1: Individual surface disturbances fless than 5 acres s lng as the ttal surface disturbance n the lease is nt greater than 150 acres and site-specific analysis in a dcument prepared pursuant t NEPA has been previusly cmpleted.

4 4 In additin t meeting the parameters f Sectin 390, Categry 1, site-specific analyses pursuant t NEPA are in the prject recrd, including the fllwing resurces: Wildlife: Including a Bilgical Assessment and Evaluatin fr federally listed species and Frest Service sensitive species and a Wildlife Specialist Reprt, evaluating the Carsn Frest Plan's management indicatr species, migratry birds, and grazing wildlife. Heritage resurces: Including an apprved Inventry Standards and Accunting frm with attached Recrd f Review and Archelgical Stipulatins and a Tribal Cnsultatin Reprt dcumenting tribal cnsultatin. 1 Public Invlvement The San Juan 27-4 Unit #029C prpsed actin has been listed n the Schedule f Prpsed Actins (SOPA) fr the Carsn Natinal Frest since March 14, 2013, available n the web at: Additinally, the Ntice f Staking (NOS) fr the San Juan 27-4 Unit #029C was psted fr 30 days at the Jicarilla Ranger District Office as required by Onshre Oil and Gas Operatins; Federal and Indian Oil and Gas Leases; Onshre Oil and Gas Order Number 1, Apprval f Operatins (36 CFR Part 228). In accrdance with the Frest Service's Ntice, Cmment, and Appeal Prcedures fr Natinal Frest System Prjects and Activities, a legal ntice was published in The Daily Times, Farmingtn, NM n March 1, 2013 (36 CFR 215.6). It prvided ntice t the public f the pprtunity t cmment n the prpsed actin. The Jicarilla Ranger District als mailed twenty-fur prpsed actin dcuments fr 30-day cmment. During the cmment perid, the ranger district received n cmments frm the public r ther federal, state, r lcal gvernmental agencies. Findings Required by Other Laws Natinal Frest Management Act- This decisin is cnsistent with the Carsn Natinal Frest Land and Resurce Management Plan (Frest Plan), as required by the Natinal Frest Management Act f 1976 (16 U.S.C. 1600(nte)). The prject was designed in cnfrmance with standards and guidelines specified in Amendment 13 f the Frest Plan, available n the web at: 1 This dcument is nt subject t the Freedm f Infrmatin Act.

5 5 Federal Onshre Oil and Gas leasing Refrm Act- This decisin is in cmpliance with the Federal Onshre Oil and Gas Leasing Refrm Act f 1987 {FOOGLRA; 30 U.S.C. 181 et seq.) which gives the Secretary f Agriculture the authrity t regulate surface disturbing activities cnducted pursuant t a federal il and gas lease n Natinal Frest System lands. This authrity has been delegated t the Frest Service. Endangered Species Act- This decisin is in cmpliance with the Endangered Species Act f 1973, as amended {16 U.S.C et seq.), as dcumented in the Bilgical Assessment and Evaluatin, and fund in the prject recrd. Energy Plicy Act and Mineral leasing Act f 1920-This decisin is in cmpliance with the laws and regulatins regarding the management and administratin f il and gas leasing n the Jicarilla Ranger District, including Frest Service regulatins at 36 CFR Part 228. Clean Water Act- This decisin is in cmpliance with the Clean Water Act {33 U.S.C et seq.). Natinal Histric Preservatin Act- This decisin is in cmpliance with the Natinal Histric Preservatin Act, as amended {NHPA; 16 U.S.C. 470 et seq.), as dcumented in the heritage resurces Inventry Standards and Accunting frm and Tribal Cnsultatin Reprt. Dcumentatin is fund in the prject recrd. Envirnmental Justice Executive Order # This decisin will nt have a disprprtinate effect n minrity and lw-incme cmmunities. Administrative Review r Appeal Opprtunities Since there were n cmments received during the 30-day cmment perid, this decisin is nt subject t appeal pursuant t 36 CFR {e){l). Implementatin Date Implementatin may begin immediately.

6 6 Cntact Persn Fr additinal infrmatin cncerning this decisin r the Frest Service appeal prcess, cntact Anthny Madrid, District Ranger, Jicarilla Ranger District, 664 East Bradway, Blmfield, NM, 87413, District Ranger Jicarilla Ranger District, Carsn Natinal Frest Date The U.S. Department f Agriculture (USDA) prhibits discriminatin in all its prgrams and activities n the basis f race, clr, natinal rigin, age, disability, and where applicable, sex, marital status, familial status, parental status, religin, sexual rientatin, genetic infrmatin, plitical beliefs, reprisal, r because f all r part f an individual's incme is derived frm any public assistance prgram. (Nt all prhibited bases apply t all prgrams.) Persns with disabilities wh require alternative means f cmmunicatin f prgram infrmatin (Braille, large print, auditape, etc.) shuld cntact USDA's TARGET Center at {202) (vice and TDD). T file a cmplaint f discriminatin, write t USDA, Directr f Civil Rights, 1400 Independence Avenue, S.W., Washingtn, D.C , r call {800) (vice) r (202) (TDD). USDA is an equal pprtunity prvider and emplyer.