Decision Memo El Paso CGP Company, LLC Special Use Authorization

Transcription

1 Decision Memo El Paso CGP Company, LLC Special Use Authorization Background USDA Forest Service Jicarilla Ranger District, Carson National Forest Rio Arriba County, New Mexico PALS Project Number An existing groundwater monitoring well is located on the Carson National Forest within the southeast quarter of Section 13, Township 28 North, Range 4 West, New Mexico Principal Meridian (NMPM), along the eastern boundary of the Jicarilla Ranger District approximately 1 mile south of National Forest System Road 357. This well was drilled in 1995 at the location of an abandoned earthen pit which had been used as a pipeline line drip. The pipeline is still in use, but is no longer operated by the original operator, El Paso CGP Company, LLC (El Paso). However, El Paso is responsible for sub-surface soil and groundwater issues resulting from the historic pipeline line drip. The historic line drip is undergoing investigation and remediation efforts and is identified by the New Mexico Oil Conservation Division as the Lat L-40 Line Drip; order number 3RP Monitoring data from 2014 revealed that concentrations of benzene and total xylenes in groundwater collected from the existing monitoring well remained above the New Mexico Water Quality Control Commission standards. As such, further monitoring and potential future remediation of the site is required, and the New Mexico Oil Conservation Division has required that El Paso install additional groundwater monitoring wells at this site. On June 16, 2015, El Paso submitted an Application for Transportation and Utility Systems and Facilities on Federal Lands (Standard Form 299) requesting a special use permit for four additional monitoring wells. Installation of additional monitoring wells is necessary to assess impacts associated with this historic release and to define the ground water gradient at the site of the release. The groundwater flow direction cannot be determined because the existing well is the only monitoring well on site. Two additional monitoring wells were attempted in 2000, but were abandoned because of drilling complications. The additional monitoring wells would enable further investigation and monitoring of contamination at the site to determine what remediation, if any, may be required for the site. Refer to Figure 1 for the locations of the existing and proposed groundwater monitoring wells. Project The Carson National Forest proposes to issue a special use permit to El Paso. Proposed actions would include authorizing the continued monitoring, operation, and maintenance of an existing groundwater monitoring well and the drilling, monitoring, operation, and maintenance of four new groundwater monitoring wells. The existing monitoring well was constructed using 4-inch PVC and was drilled to a depth of 50 feet. The existing well is enclosed in a protective casing and sits on an approximately 3-foot by 3-foot concrete pad and is surrounded by three protective bollards. Page 1 of 5

2 The four new monitoring wells would generally be similar to the existing monitoring well. The new wells would be constructed using 2-inch PVC pipe and drilled to an adequate depth to reach groundwater (estimated to be approximately 50 feet). Each new monitoring well would be enclosed in a protective casing and would be situated on an approximately 3-foot by 3-foot concrete pad at ground level surrounded by four bollards. Following receipt of the Standard Form 299 and scoping, El Paso has also indicated the need to drill a soil boring adjacent to the existing monitoring well. The soil boring will be conducted to a depth of approximately 50 feet with soil samples being collected from the ground surface to the base of the borehole using split-spoon sampling methods. Soil samples will also be collected during the drilling of the four new monitoring wells. Vehicle access to the site for drilling purposes and to support other mitigation efforts would be through adjacent non-national Forest System lands. El Paso would secure the boundary fence through installation of a gate or similar approved means following vehicle access. The only equipment/vehicle use on National Forest System lands would be in the permitted project area and would be limited to authorized activities. Vehicle use in the permit area would not be necessary for routine sampling of the monitoring wells. Initially, activity would be authorized in a permit area of approximately 0.76 acre (refer to Figure 1). This initial permit area would allow for the continued operation of the existing monitoring well and the drilling and operation of the four new monitoring wells. The initial 0.76 acre area would be expanded to include an additional area of approximately 3.54 acres, if necessary. The total 4.3 acres would be available for additional monitoring wells, if necessary; excavation and removal of contaminated soil for proper disposal off of National Forest System lands and associated re-fill with non-contaminated soil from an approved location, if warranted; or other remediation and mitigation requirements as directed by the Forest Service responsible official or other applicable regulatory agencies (e.g. New Mexico Oil Conservation Division). The total permitted area would be approximately 4.3 acres to facilitate future completion of these additional activities, if required. No significant surface disturbance would be required and only slight vegetation removal would be needed to drill the new monitoring wells. Greater surface disturbance would be required for excavation of contaminated soil, if required. However, upon completion of monitoring and mitigation, the area would be returned to as natural condition as possible and reseeded with a Forest Service approved seed mixture. The proposed special use permit would be issued for a period of thirty years for an oil and gas pipeline related facility. Decision I have decided to authorize the El Paso CGP Company, LLC Special Use Authorization project as described in the preceding section. The analysis for this action is documented in a project record maintained at the Jicarilla Ranger District. Page 2 of 5

3 Reasons for Categorically Excluding the Decision This action is categorically excluded from documentation in an environmental impact statement (EIS) or an environmental assessment (EA). The applicable category of actions is identified in agency procedures as Approval, modification, or continuation of minor special uses of National Forest System lands that require less than five contiguous acres of land at 36 CFR 220.6(e)(3). This category of action is applicable because the project entails approval of a special use which would require less than 5 acres. The following resource conditions were considered in determining whether extraordinary circumstances related to the decision warranted further analysis and documentation in an environmental impact statement or an environmental assessment (36 CFR 220.6(b)(i-vii): Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species The Endangered Species Act (16 U.S.C ) requires that federal activities not jeopardize the continued existence of any species federally listed or proposed as threatened or endangered, or result in adverse modification to such species designated critical habitat. As required by the Endangered Species Act, potential effects of this decision on listed species have been analyzed and documented in a biological assessment. There will be no effect to federally listed species or designated critical habitat. Refer to the biological assessment in the project record for additional details. A biological evaluation was prepared to assess the potential impact of the proposed action on Forest Service designated sensitive species. There will be no impact to Forest Service designated sensitive species. Refer to the biological evaluation in the project record for additional details. Flood plains, wetlands, or municipal watersheds Municipal watersheds are managed under multiple use prescriptions in forest plans. The Carson Forest Plan does not identify municipal watersheds on the forest; as such municipal watersheds will not be impacted by the decision. There are no Federal Emergency Management Agency (FEMA) designated 100-year floodplains within the Jicarilla Ranger District; therefore, designated floodplains will not be adversely impacted by the decision. The project is not located within wetlands, and as such wetlands will not be impacted by the decision. Although US Geological Survey data documents an ephemeral stream on the site, this feature lacks a well-defined bed and bank system. Nevertheless, if impacts to this feature are required for drilling the four new monitoring well or for other activities which may be required for monitoring and/or remediation of this site, appropriate permits and approvals would be obtained through the US Army Corps of Engineers and the New Mexico Environment Department. Congressionally designated areas such as wilderness, wilderness study areas, or national recreation areas Congressionally designated wildernesses, wilderness study areas, and national recreation areas are not present on the Jicarilla Ranger District, and as such will not be impacted by the decision. Inventoried roadless areas or potential wilderness areas Inventoried roadless areas and potential wilderness areas are not present on the Jicarilla Ranger District, and as such will not be impacted by the decision. Page 3 of 5

4 Research natural areas Research natural areas are not present on the Jicarilla Ranger District, and as such will not be impacted by the decision. American Indians and Alaska Native religious or cultural sites and archeological sites or historic properties or areas Section 106 of the National Historic Preservation Act requires Federal agencies to take into account the effect of a project on any district, site, piling, structure, or project that is included in or eligible for, inclusion in the National Register. Section 106 of the National Historic Preservation Act also requires Federal agencies to afford the Advisory Council on Historic Preservation and Tribal entities a reasonable opportunity to comment. Heritage resource surveys were conducted and an Inventory Standards and Accounting form was prepared for this project. Heritage resource sites would not be impacted by this decision. In addition, Tribal consultation was conducted through a mailing on September 15, 2015 to representatives of ten Native American tribes and pueblos. Responses received did not express concerns with the project. I find that there are no extraordinary circumstances related to this decision that may result in significant individual or cumulative environmental effect that would warrant further analysis and documentation in an EA or EIS. Public Involvement This action was originally listed as a proposal on the Carson National Forest Schedule of Proposed Actions on October 1, 2015 and has been updated periodically during the analysis. A scoping letter describing and requesting comments regarding the proposed action was transmitted via (24 entities) and hard-copy mail (3 entities) to potentially interested and/or affected individuals, organizations, and agencies on October 22, The scoping letter was sent via to an additional interested party on November 5, Comments regarding the action were received from the New Mexico Department of Game and Fish and the Jicarilla Apache Nation; neither entity raised significant concerns regarding the project. A complete list of individuals, organizations, and agencies to which the scoping letter was sent and their responses are available in the project record. Findings Required by Other Laws and Regulations This decision is consistent with the Carson National Forest Land Management Plan. The project was designed in conformance with the following goals and objectives from the Carson National Forest Land Management Plan: Special Uses. All acceptable requests for special use permits are met. Administer non-recreation special use permits to minimize adverse impacts on other uses and resources. New Permits will be issued when it is in the best interest of the public (Special Uses 1). The project authorized by this decision will comply with applicable federal, state, and local laws and regulations, including, but not limited to: the Endangered Species Act; the Migratory Bird Treaty Act; the Bald and Golden Eagle Protection Act; the National Historic Preservation Act; the Native American Graves Protection and Repatriation Act; the Clean Air Act; the Clean Water Act; Executive Order (Floodplains); and Executive Order (Environmental Justice). Page 4 of 5

5 USDA 7?:Z5 Appeal Opportunities This decision is not subject to appeal. Implementation Date This decision may be implemented immediately. Contact For additional information concerning this decision, contact: J.J. Miller, Minerals Administrator, Jicarilla Ranger D istrict, 1110 Rio Vista Lane Unit #2, Bloomfield, New Mexico 87413, (505) James Duran Forest Supervisor Date In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from disc,riminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center al (202) (voice and TTY) or contact USDA through the Federal Relay Service at (800) Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD- 3027, found online at hllp:// filing cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, caji (866) Submit your completed form or letter lo USDA by: (I) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C ; (2) fax: (202) ; or (3) program.intake@usda.gov. USDA is an equal opportunity provider, employer and lender. Decision Memo - El Paso CGP Company, LLC Special Use Authorization Page 5 of 5

6 Figure 1 Overview of proposed permit area. Active pipeline infrastructure is visible in the proposed area. El Paso CGP Company, LLC Special Use Authorization SE ¼ of Sec. 13, Township 28 North, Range 4 West, NMPM / Jicarilla Ranger District j MW-2 Proposed permit area F jf MW-3 " F MW-4 F MW-5 Existing monitor well (MW-1). Active pipeline infrastructure is visible in the background Miles Content may not reflect National Geographic's current map policy. Sources: National Geographic, Esri, DeLorme, HERE, UNEP-WCMC, USGS, NASA, ESA, METI, NRCAN, GEBCO, NOAA, increment P Jicarilla Ranger District " F j Existing monitor well (MW-1) Proposed monitor well Abandoned monitoring well Proposed entry gate location Initial permit area (0.76 acres) Total permit area (4.3 acres) Jicarilla Ranger District boundary 0 50 Feet 100 / UTM Zone 13 NAD 83 Entry_Gate_Location Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community 0 Carson National Forest 50 Miles 100 Content may not reflect National Geographic's current map policy. Sources: National Geographic, Esri, DeLorme, HERE, UNEP-WCMC, USGS, NASA, ESA, METI, NRCAN, GEBCO, NOAA, increment P