DECISION MEMO Bull Bear 1H-18 Oil and Gas Pipeline USDA, Forest Service Cibola National Forest, Black Kettle National Grasslands Roger Mills County, Oklahoma BACKGROUND: Laredo Petroleum, Inc., in order to develop their federal minerals lease, requested issuance of a special-use permit for construction, maintenance and operation of a natural gas gathering pipeline which would begin at a new BLM well on private land in T14N, R25W, section 18 and extend to a Forest Service well in T14N, R26W, section 1. The planned pipeline is approximately 13, 649 feet in length with a construction corridor of 50 feet in width. Approximately 5, 808 feet of this pipeline will include National Forest System (NFS) lands administered by the Black Kettle National Grasslands. The total surface disturbance on NFS lands is estimated to be 6.67 acres. The pipeline was included in a BLM environmental assessment completed with a Finding of No Significant Impacts on February 11, 2013. The Black Kettle National Grassland conducted further analysis for the pipeline portions on NFS lands using additional data from Region 3 FS and the Black Kettle National Grassland. DECISION: It is my decision to issue a Special Use Permit to Laredo Petroleum, Inc., authorizing them to construct, maintain, and operate this natural gas gathering pipeline on the National Grasslands. Location of proposed action: The natural gas gathering pipeline is within lands administered by the Black Kettle National Grasslands, Cibola National Forest (reference map) at the following description: Unit 43 in T14N, R25W, section 18. Unit 41 in T14N, R25W, section 7. Unit30 in T14N, R25W, section 6. Unit 28 in T14N, R26W section 1, IM. Roger Mills County, Oklahoma. REASON FOR THE DECISION: The decision to approve the proposed pipeline is consistent with the goals and objectives to provide for the development of energy minerals, and implements that direction in the 2012 Land and Resource Management Plan for the Kiowa, Rita Blanca, Black Kettle and McClellan Creek National Grasslands, and the objectives of the 2005 Energy Policy Act. 1
The proposal is on an existing federal oil/gas lease with a proposed and staked well location. Oil and gas exploration and development is a common undertaking in Roger Mills County. My decision was made with input from the proponent, local governments and tribes, and interested publics whose concerns I have carefully weighed. This issuance further responds to the Forest Service Manual (FSM 2700 Special Use Management) prescriptions to process perfected applications and authorize the use of National Forest System lands under the proper statutory or regulatory authority with terms and conditions which protect the resource values and the interest of the Federal Government. REASONS FOR CATEGORICALLY EXCLUDING THE PROPOSED ACTION: Additional environmental analysis was completed for this proposed action. As a result of that analysis I have determined the proposal is in a category of actions that are excluded from further documentation in an Environmental Assessment or an Environmental Impact Statement. That category of exclusion is documented in 36 CFR 220.6(e)(17); Approval of a Surface Use Plan of Operations for oil and natural gas exploration and initial development activities, associated with or adjacent to a new oil and/or gas field or area, so long as the approval will not authorize activities in excess of any of the following: (i) One mile of new road construction; (ii) One mile of road reconstruction; (iii) Three miles of individual or co-located pipelines and/or utilities disturbance; and (iv) Four drill sites. FINDINGS OF EXTRAORDINARY CIRCUMSTANCES: An Interdisciplinary Team of resource specialists consisting of a Wildlife Biologist, Rangeland Specialist, Archaeologist, and Natural Resource Specialist reviewed the proposed action. These specialists did not identify any significant issues during the project review. The analysis identified no extraordinary circumstances or conditions, as listed in the Federal Register (Volume 57, Number 182, page 43208, Section 30.3(2) related to this proposal that might cause the action to have significant effects. Specifically, this determination is based upon the absence of adverse effects on the following: 1. Federally listed threatened or endangered species or designated critical habitat, species proposed for federal listing or proposed critical habitat, or Forest Service sensitive species.. A biological Assessment and Evaluation was prepared April 8, 2013. A determination of no effect was made for the Lesser Prairie Chicken. A determination of may impact individuals, but is not likely to result in a trend toward federal listing or loss of viability was made on selected Regional Forester s Sensitive species for the Black Kettle National Grasslands. Species evaluated were the Loggerheaded shrike, Swainson s Hawk, and Bell s Vireo. 2. Flood plains, wetlands, or municipal watersheds. There are no flood plains or wetlands in the project area. This is not within a municipal watershed. 2
3. Congressionally designated areas, such as wilderness study areas or National Recreational Area. This project is not within a wilderness, wilderness study area, or National Recreational Area. 4. Inventoried roadless areas. This project is not within any inventoried roadless areas. There are none identified within the Black Kettle National Grasslands. 5. Research Natural areas. This project is not within a Research Natural area. 6. American Indian and Alaska religious or cultural sites. The Black Kettle / McClellan Creek National Grasslands consults with five tribes that may have used or may continue to use the National Grasslands for traditional cultural or religious purposes. These include the Kiowa, Apace, Cheyenne-Arapaho, Comanche, and the Wichita and Affiliated Tribes. The tribes were contacted by mail about the project on January 10, 2013. No tribes responded or expressed a concern about the project, and to date no traditional cultural properties have been identified within the project area. 7. Archaeological sites, historical properties or areas. Reference report 2013-03-015, Bull Bear Natural Gas Pipeline, dated April 13, 2012. This project proposal complies with the National Historic Preservation Act of 1966 as amended (1992). Heritage resources clearance was recommended. SCOPING AND PUBLIC INVOLMENT: The proposal was discussed during internal discussions among resource specialists who were assigned to the project. This proposal has been listed in the Schedule of Proposed Actions (SOPA) for the Cibola National Forest since March 2013. The proponent, local government agencies, grazing permitee, tribal representatives, and interested publics were also consulted, and the special-use records were reviewed. Based on that notification no comments were received for this proposal. Burial of natural gas gathering and transmission pipelines lines is standard practice for delivery of the product from the well to the market place and is a common practice in Roger Mills County. LEGAL NOTICE: A legal notice notifying the public of the intent of the Black Kettle Ranger District to proceed with this project as a Categorical Exclusion was placed in the Cheyenne Star newspaper, 3
providing a 30 day comment and appeal period, on March 21, 2013 and ran for two consecutive weeks. No comments or inquiries were received. FINDINGS REQUIRED BY OTHER LAWS: All management practices and activities of the proposed action are consistent with management direction, including standards and guidelines, in the Land and Resource Management Plan for the Kiowa, Rita Blanca, Black Kettle and McClellan Creek National Grasslands (2012) which was developed in accordance with the National Forest Management Act. This project is also consistent with the National Environmental Policy Act (1969), Endangered Species Act (1973), Federal Clean Water Act (1972), Clean Air Act (1977), and the National Historic Preservation Act (1966). This action does not result in environmental justice issues, as defined in Executive Order 12898. Management Indicator Species and Migratory Birds. A review of the Cibola NF s Management Indicator Species (MIS) for this project was completed April 8, 2013 for the Rio Grande Turkey. It determined there would be no change in Forest wide populations of Rio Grande Turkeys. A review of the migratory birds which may occur in the Rolling Red Plains Conservation Region was also completed on April 8, 2013. There are four priority bird species identified for this project area, the Lesser Prairie Chicken, Bell s Vireo, Scissor-tail Flycatcher and Cassin s Sparrow, that are located in this area. There will be no effect to any of these species as a result of implementing this project. There would be no effect to important over-wintering areas since none have been identified on the Forest and there would be no effect to Important Bird Areas since none occur in the project area. It was further noted in the analysis that project activities would not need to be altered to avoid any seasonal requirements for these species, such as breeding and nesting periods. ADMINISTRATIVE REVIEW OR APPEAL OPPORTUNITY: No comments were received during the time periods established to provide public notice, comment, and opportunity for administrative appeal for projects and activities documented with a Decision Memo (36 CFR 220.6 (e) (17) in accordance with recent court ruling (Sequoia ForestKeeper v. Tidwell, 11-cv-00679-LJO-DLB (E.D. Cal.)). This Decision is therefore not subject to appeal and may be implemented immediately. CONTACT PERSON: For further information regarding this project, contact Curtis Youngman, Natural Resource Specialist or Tom Smeltzer, District Ranger, Black Kettle National Grasslands, 18555 Hwy 47A, Suite B, Cheyenne, Oklahoma 73628, (580) 497-2143, 4
SIGNATURE and Date: Approved by: /s/_tom Smeltzer Date: _4/22/2013 Tom Smeltzer District Ranger Black Kettle National Grassland The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 5