ECOLOGICAL DEAL BREAKERS

Transcription

1 ECOLOGICAL DEAL BREAKERS Aaron Maier, Senior Ecologist Wyoming Oil and Gas Fair Jackson, WY September 19, 2014

2 Presentation Outline: 1. Current status and future challenges a. Vegetation Management b. Wildlife Resources c. Clean Water Act 2. Future industry directions and potential challenges

3 Ecological Resources What do operators encounter when an area is proposed for development? Vegetation Wetlands Sensitive habitats T&E Species Raptors Sage Grouse

4 Regulations The Big Ones NEPA (1969) Endangered Species Act (1973) Clean Water Act (1977) State of Wyoming Executive Order Migratory Bird Treaty Act (1918) Bald and Golden Eagle Protection Act (1940) WY Environmental Quality Act BLM, Forest Service, State, Local Statutes

5 Vegetation Management and Revegetation Agency-specific Based on mineral rights ownership State and private mineral rights WYOGC, WDEQ Federal mineral rights BLM Reclamation plan required as part of POD, APD, or master development plan

6 Vegetation Management and Revegetation Sustainable Development Interim Reclamation minimize impacts of development on other resources and uses Final Reclamation character and productivity of the land and water are restored Wyoming BLM photo, BMP Guide

7 Vegetation Management and Revegetation Pre-development Planning Data for cover and species prior to development Assist in setting reclamation goals

8 Vegetation Management and Revegetation Key Considerations Invasive Species Erosion Control Habitat Management

9 Wildlife Regulations T&E Species 1973 Endangered Species Act Affects all sites public and private Initial T&E Species Evaluation Required on Proposed Oil and Gas Permits Black-footed ferret, FWS photo Wyoming: 20 listings Blowout penstemon, FWS photo

10 Wildlife Regulations State-listed species, species of concern Mountain Plover, FWS photo/fritz Knopf Hierarchy of Evaluation Wyoming Pocket Gopher, FWS photo Federally listed T&E Species BLM/Forest Service Sensitive Species State-listed Pygmy Rabbit

11 Wildlife Regulations Raptors Migratory Bird Treaty Act Bald and Golden Eagle Protection Act Protects birds, eggs, and nests

12 Wildlife Regulations Raptors (WY) Raptors of Conservation Concern Common Name Spatial buffer (miles) Seasonal buffer Golden Eagle 0.5 January 15 - July 31 Ferruginous Hawk 1 March 15 - July 31 Swainson's Hawk 0.25 April 1 - August 31 Bald Eagle see Bald Eagle information web page Prairie Falcon 0.5 March 1 - August 15 Peregrine Falcon 0.5 March 1 - August 15 Short-eared Owl 0.25 March15- August 1 Burrowing Owl 0.25 April 1 September 15 Northern Goshawk 0.5 April 1 - August 15 Seasonal noise limitations, buffers, and timing restrictions to reduce the impacts of construction, operations, and noise.

13 Wildlife Regulations Sage Grouse State of Wyoming Executive Order (EO) FWS photo Management and regulations focused on Core Population Areas and identified leks. Maximum permissible disturbance Density of O&G development

14 Wildlife Regulations Habitat Mitigation Key Considerations: Mitigation Banking Purchase of Credits Use mitigation to avoid species listing

15 Wetlands & Waters of the U.S. The Challenge: What is a wetland? Is it jurisdictional?

16 Wetlands & Waters of the U.S. The Challenge: What is a wetland? Is it jurisdictional? Intermittent & Ephemeral Wetlands and Streams

17 Wetlands & Waters of the U.S. Regulatory Jurisdiction: Section 10 Rivers and Harbors Act of 1899 Section 404 Clean Water Act of 1977

18 Proposed Rule Purpose: define scope of waters protected under the Clean Water Act Propose rule published in Federal Register on April 21, 2014 Public comment period ends on October 20, 2014

19 New EPA Wetland Rule: What Prompted It? Three Explanations: Inconsistent Jurisdictional Determinations Unclear Definitions Need to Improve Efficiency

20 Proposed Rule What s In Jurisdictional by Rule The big three: Navigable waters Interstate waters Territorial seas Tributaries Adjacent waters and wetlands Case-by-Case Other waters via significant nexus evaluation

21 Proposed Rule What s Out Pre-existing situations (i.e., prior converted cropland, ranching, farming activities) Waste treatment systems Gullies/rills/non-wetland swales Most ditches (except tributary ditches) Irrigated areas that would revert to uplands Artificial lakes/ponds constructed in uplands Groundwater

22 How Does the New Rule Affect Projects? Pipelines/utilities should be evaluated in intermittent/ephemeral drainages Projects located in floodplains/riparian areas may need a permit Additional site-specific data may be needed to facilitate a significant nexus decision

23 Future Industry Directions Guidance document drafted by IPIECA and OGP (Biodiversity Working Group) Fundamental Question: What is the business case for protecting and enhancing biodiversity and ecosystem services? Biodiversity and Ecosystem Services (BES)

24 Future Industry Directions BES Categories: Source:

25 Potential Challenges Upcoming T&E listings Public Interests Public Lands Pressure Water/Drought

26 Summary of Key Topics T&E Species Management Changes to Clean Water Act Wildlife Mitigation Banking/Credits What is the business case for natural resource management?

27 Thank You Aaron Maier, Senior Ecologist Trihydro Corporation 307/