HomeMy WebLinkAbout20122074.tiff United States Forest Pawnee 660"O"Street
USDA Department of Service National Grassland Greeley,CO 80631
Agriculture Voice: (970)346-5000 TDD:(970)346-5015
Web: www.fs.usda.gov/arp
Fax: (970)346-5014
File Code: 1950/2830
Date: July 31, 2012
Dear Interested Party:
The US Forest Service proposes to authorize Ward Petroleum Corp. to occupy National Forest
System lands in the Pawnee National Grassland to drill a new oil and gas well approximately
16.5 miles northeast of Nunn, CO.
The enclosed document provides information about the proposed action and associated decision
to be made under the National Environmental Policy Act of 1969, as amended.
Comments on this proposed action may be submitted orally or in writing via letter, fax, or email.
Oral comments may be submitted by calling 970-346-5000, Monday through Friday, between the
hours of 8 a.m. and 4:30 p.m. Mountain Time. Written comments may be mailed to: Mary
Kanode Fed 11-3 Project, Pawnee National Grassland, 660"O" Street, Greeley,CO 80631.
Written comments may also be faxed to 970-346-5014 or submitted via email to comments-
rocky-mountain-arapaho-roosevelt-pawnee@fs.fed.us. Comments received via email should
have the name of the project(Mary Kanode Fed 11-3 Project) included in the subject line. For
emailed comments, the sender should receive an automated electronic acknowledgement from
the US Forest Service as confirmation of receipt. If the sender does not receive this automated
reply, it is the sender's responsibility to ensure timely submission of comments by other means.
This comment period coincides with public scoping and will be the only opportunity to comment
offered. Comments must be submitted per 36 CFR 215. Those who comment may be eligible to
appeal. Comments will be accepted for 30 days after publication of a legal notice in the Denver
Post, which will appear on August 1, 2012, or shortly thereafter.
If you would like additional information about this project, please contact Vern Koehler at 970-
346-5005 or by email at vkoehler@fs.fed.us.
Sincerely,
/s/Lori A. Bell
LORI A. BELL
District Ranger
cc: Vernon E Koehler
Enclosure
2012-2074
+ 9 Caring for the Land and Serving People Printed on Recycled Paper in
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OPPORTUNITY TO PROVIDE COMMENT
PROPOSED FEDERAL ACTION
and
RESPONSIBLE OFFICIAL'S DECISION
US FOREST SERVICE
PAWNEE NATIONAL GRASSLAND
WELD COUNTY,COLORADO
1. Purpose
Ward Petroleum Corp. (WPC) has applied to the US Forest Service (Forest Service) for
use of National Forest System(NFS) lands in the Pawnee National Grassland(PNG) to
drill an oil and gas well called Mary Kanode Fed 11-3; improve existing roads for access
to this well for operation and maintenance; and, construct underground pipelines to
connect the well to a nearby oil and gas storage facility.
II. Project Area
• The project area is located approximately 16.5 miles northeast of Nunn, CO.
• The legal description of the project area is:
Township 10 North, Range 64 West, Sixth Principal Meridian,
section 11, SE1/4SW1/4;
section 14, NW1/4NE1/4, N1/2NW1/4.
• The last page of this document is a Project Area Map.
III. Proposed Action
The Forest Service proposes to authorize WPC to do the following activities on
approximately 3.5 acres of NFS lands:
1. WPC would create a level,rectangular pad(drilling location) from the ground
surface approximately 2.5 acres in size. This drilling location would
accommodate the vehicles, equipment and supplies needed for drilling and testing
the proposed well.
2. If WPC determines the well would be capable of producing oil and gas, WPC
would also:
a. Install above-ground pumping equipment(pumpjack) at the drilling
location to produce oil and gas from the well. The pumpjack would be
powered by an internal combustion engine housed in a small shed-like
structure(motor shed) immediately adjacent to the pumpjack. The
pumpjack, motor shed and the surrounding area needed for day-to-day
operation and maintenance of the well would occupy approximately 0.5
acre.
b. Reclaim all portions of the drilling location not needed for day-to-day
operation of the well (approximately 2.0 acres) to approximate pre-
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disturbance conditions (i.e., only native vegetation would be established
on surface contours which would blend in with similar, adjacent, and
undisturbed areas).
c. Construct a single trench approximately 1,300 feet long by about 12
inches wide and about 5 feet deep in which to bury two pipelines: a 2-
inch pipeline and a 1-inch pipeline.
i. The 2-inch pipeline would transport produced oil, water and
natural gas from the proposed well to an existing oil and gas
facility(the Federal 14 Tank Battery), which is operated under
permit by WPC.
ii. The 1-inch pipeline would transport propane from storage tanks at
the Federal 14 Tank Battery to the proposed well's pumpjack
motor, which would be fueled by propane.
iii. Approximately 0.3 acre would be disturbed during construction of
this pipeline trench.
iv. All areas on the surface that would be disturbed during pipeline
construction would be reclaimed to approximate pre-disturbance
conditions (i.e., only native vegetation would be established on
surface contours which would blend in with similar, adjacent, and
undisturbed areas).
d. Reconstruct approximately 1,600 feet of NFS Road 657.
i. This road segment currently has a driving surface of native
vegetation and soil (a two-track road) about ten (10) feet wide and
occupies approximately 0.4 acre.
ii. Approximately 0.7 acre would be disturbed during construction
activities to upgrade this road.
iii. After reconstruction, this road segment would be a crowned and
ditched gravel road with a driving surface approximately 14 feet
wide.
iv. All areas disturbed during the road upgrade outside the road's
driving surface would be reclaimed to approximate pre-disturbance
conditions (i.e., only native vegetation would be established on
surface contours which would blend in with similar, adjacent, and
undisturbed areas). The upgraded road segment, after interim
reclamation,would occupy approximately 0.6 acre.
v. WPC employees would use this segment of NFS Road 657 to
access the well for operation and maintenance activities
approximately 365 days per year.
Additional information about the project:
• This well would not be hydraulically fractured.
• All non-potable water used for the construction and drilling of the proposed well
(including construction of the pipeline trench and reconstruction of NFS Road
657)would come from privately-owned, State-permitted water wells located near
Grover, CO. These wells have been determined by the Colorado Division of
Water Resources to be"non-tributary" with respect to the South Platte River
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watershed. That is, the water from these wells is disconnected from any waters,
above ground or subsurface, which might ever flow into or otherwise reach the
South Platte River. Use of water from these water wells for the project, therefore,
would neither result in any depletion from the South Platte River nor would it
infringe upon any water right associated with this River, its tributaries, or any
water bodies into which it flows.
• If, at any time after drilling, WPC would determine that the well is not capable of
producing oil and gas, the well bore would be plugged in accordance with Federal
and State regulations. All areas disturbed during construction and operation
would be reclaimed to approximate pre-disturbance conditions (i.e., only native
vegetation would be established on surface contours which would blend in with
similar, adjacent, and undisturbed areas).
• NFS Road 657 is not open to the public and is used for administrative purposes
only. That type of use would continue after implementation of this project unless
changed by a separate Forest Service action.
• To minimize effects upon mountain plovers, no project construction activities
would occur on NFS lands during the breeding and nesting season of April 10-
July 10 unless and until the Forest Service has confirmed no nesting birds are in
the area.
• Operating Plans would be made a part of all permits and would include
appropriate mitigation and best management practices to address potential
resource effects.
• The proposed well would drain oil and gas located beneath Township 10 North,
Range 64 West, Sixth Principal Meridian, section II, SI/2. This land was
acquired by the United States of America(USA) in 1946 through a land
exchange. According to deeds filed with the Clerk & Recorder's Office of Weld
County, Colorado, the former land owner of this parcel conveyed only the surface
to the USA and retained 100 percent of the oil and gas rights associated with this
parcel of land. WPC holds a valid lease from the current owner of those oil and
gas rights. WPC, therefore, has the legal right to develop the oil and gas
associated with the proposed well, subject to applicable laws, regulation, policy,
etc.
IV. Authorizing Activities Associated with the Proposed Action
Authorized Officer: Forest Supervisor, Arapaho and Roosevelt National Forests and
Pawnee National Grassland(ARP)
As the oil and gas rights associated with the proposed well are privately owned and were
retained by the former land owner at the time the USA acquired the surface, the well and
those segments of the access road and pipelines that would be located in Township 10
North, Range 64 West, Sixth Principal Meridian, section 11 (these lands will be hereafter
referred to as "Section 11")would be authorized with a Reserved Minerals Permit under
authority of the Secretary of Agriculture's Rules and Regulations to Govern the Exercise
of Mineral Rights Reserved in Conveyances to the United States Under Title III of the
Bankhead-Jones Farm Tenant Act(Secretary's Rules and Regulations). The Secretary's
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Rules and Regulations dated June 22, 1939, were made part of the exchange deed when
the USA acquired the land and therefore would be made part of the Permit.
Those segments of the access road and pipelines that would be located in Township 10
North, Range 64 West, Sixth Principal Meridian, section 14 (these lands will be hereafter
referred to as"Section 14") would be authorized with a Special Use Permit under
authority of the Federal Land Policy and Management Act of 1976 (FLPMA). A Special
Use Permit would be used as these facilities would not be located on the parcel of land
which has oil and gas rights associated with the proposed well.
The Colorado Oil & Gas Conservation Commission and Colorado Department of Public
Health and Environment would also issue permits to WPC pertinent to various aspects of
the proposed action to ensure that WPC complies with applicable State and Federal laws
that lie outside the jurisdiction of the Forest Service. These include, but are not limited
to, Colorado Revised Statutes as well as Environmental Protection Agency(EPA)
regulations pertaining to the Clean Air Act of 1970, as amended(CAA)and the Clean
Water Act (CWA).
V. Findings Required by and/or Related to Other Laws and Regulations
A Forest Service Inter-Disciplinary Team(IDT) has reviewed the proposed action in the
context of the applicable laws, Forest Service policy, and other guidance which includes,
but is not limited to, those listed below. The IDT has determined that the proposed action
would be consistent with or would comply with this direction.
National Forest Management Act of 1976(NFMA)
NFMA requires the development of long-range Land and Resource Management Plans
(LRMP). LRMP direction for PNG is found in the 1997 Revision to the Land and
Resource Management Plan for the Arapaho and Roosevelt National Forests and
Pawnee National Grassland(Forest Plan). The Forest Plan was prepared as required by
NFMA. The Forest Plan provides guidance for all natural resource activities on PNG.
NFMA requires that all projects and activities be consistent with the Forest Plan.
Management Indicator Species (MIS) in the Forest Plan—Potential effects upon habitat
viability and population from the proposed action were considered for the following MIS
as required by NFMA: ferruginous hawk, mountain plover, lark bunting, black-tailed
prairie dog and western burrowing owl. Across the Planning Area(PNG), the proposed
action would not result in loss of habitat viability for any MIS listed above. Across the
Planning Area, the proposed action would not result in a downward trend for populations
of any of the MIS listed above.
FLPMA: The regulations found in 36 CFR 251 guide the issuance of permits, leases, and
easements under this Act. Permits, leases and easements are granted across NFS lands
when the need for such is consistent with planned uses and Forest Service regulation and
policy. Authority for permitting the proposed project activities located in Section 14
comes from FLPMA.
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Water Quality
Section 313 of the CWA requires Federal agencies to comply with all Federal, State,
interstate and local requirements, administrative authority and process and sanctions with
respect to the control and abatement of water pollution.Executive Order(EO) 12088 also
requires the Forest Service to meet the requirements of the CWA. Activities associated
with this proposed action would comply with the CWA and Colorado State Water
Quality Control Commission standards. The proposed action would incorporate
mitigation for reasonable soil and water conservation practices, avoid channel
degradation, and comply with the Forest Plan.
Air Quality
Air quality within the project area is within National Ambient Air Quality Standards
described in the CAA. The project area is not within any EPA-designated Non-
Attainment Areas. hi addition, emissions within the project area from this activity are
expected to be well below any State or Federal emission standards and would not pose a
threat to Class 1 or Class 2 airsheds,wildlife, vegetation or human populations.
Environmental Justice
As directed by EO 12898, there would be no disproportionately high or adverse human
health or environmental effects to minority or low-income populations through the
implementation of this proposed action.
Prime Lands per US Dept. of Agriculture Departmental Regulation 9500-3
PNG does not contain any designated Prime Lands. The proposed action would therefore
comply with the Secretary of Agriculture's Memo 1827 on the management of designated
Prime Lands. hi addition, Federal lands would be managed with the appropriate
consideration to the effects on adjacent lands.
Energy Requirements and Conservation Potential of Actions Connected With Decision
The energy required to implement the proposed action, in terms of petroleum products,
would be insignificant when viewed in light of the production costs and effects on the
national and worldwide petroleum reserves. Also, this project has the potential to
contribute to the nation's petroleum reserves.
Invasive Species
Land actions that disturb the ground have the potential to contribute to the spread of
noxious weeds and other non-native plants. Because there would be new ground
disturbing activities, the proposed action may be a vector for introducing and spreading
noxious weeds. As directed by EO 13112, noxious weed prevention and management
would be required in the permits.
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VI. Documenting a Decision per the National Environmental Policy Act of 1969 (NEPA)
Responsible Official: Forest Supervisor, ARP
Responsible Official's Decision
Given the private mineral rights beneath NFS lands and WPC's valid lease to access
those minerals, the Responsible Official will not decide whether or not WPC can drill the
proposed well, but under what circumstances the well may be drilled. Therefore, so long
as a Categorical Exclusion may be applied to the proposed action and a Decision Memo
used to document the decision, a"no-action" alternative will not be considered.
Applicable Categorical Exclusions
• The project activities in Section 11 meet the requirements described 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 road construction;
(ii) One mile of road reconstruction; (iii) Three miles of individual or co-located
pipelines and/or utilities disturbance; or (iv) Four drill sites. " Use of this
Categorical Exclusion requires a Planning Record and Decision Memo for
documentation.
• The project activities in Section 14 meet the requirements described in 36 CFR
220.6(e)(3): "Approval, modification, or continuation of minor special uses of
NFS lands that require less than five contiguous acres of land" Use of this
Categorical Exclusion also requires a Planning Record and Decision Memo for
documentation.
The Responsible Official's decision (Decision Memo)would incorporate the use of both
Categorical Exclusions.
Evaluation of the Potential for Extraordinary Circumstances per NEPA
• Threatened or Endangered Species and Forest Service Sensitive Species—The
IDT has analyzed the potential effects that would result from this proposed action
in accordance with Section 7 of the Endangered Species Act of 1973, as amended
(ESA). The IDT also evaluated the proposed action under other applicable
regulations and Forest Service policy.
o For all species listed as threatened or endangered under ESA as well as all
species proposed for such listing, the IDT has concluded:
✓ The proposed action would not jeopardize the continued existence
of any such species.
V The proposed action would not adversely modify the designated or
proposed critical habitat of any such species.
o For all Forest Service sensitive species, the proposed action would not
cause a trend towards listing under ESA for any such species.
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• Flood Plains and Wetlands—There are no flood plains or wetlands within the
project area. Activities associated with the proposed action would comply with
direction in EO 11988 and EO 11990 for these types of areas.
• Municipal Watersheds—Activities and facilities of the proposed action would not
be located within any designated municipal watershed and would thus have a
negligible effect on any public water supply.
• Congressionally-Designated Areas such as Wilderness, Wilderness Study Areas,
Wild and Scenic River, National Recreation Areas, etc. —Activities associated
with the proposed action would not be located in or near any Congressionally-
designated areas of this type nor would they be within or near an area proposed
for such listing.
• Inventoried Roadless Areas—Activities associated with the proposed action
would not take place within or adjacent to an Inventoried Roadless Area.
• Research Natural Areas—The proposed action would not be located within or
adjacent to a Research Natural Area.
• Native American Cultural Sites and Archaeological Sites or Historic Properties
or Areas—
o A cultural resource inventory was conducted by a qualified,permitted
third-party archaeologist in accordance with Forest Service regulations,
policies and all applicable State and Federal laws.
o Within the Area of Potential Effect for this project, no archaeological sites
or areas or historic properties that are eligible or potentially eligible for
listing on the National Register of Historic Places would be adversely
affected. Further, no Native American Cultural Sites would be affected.
Based upon the resource analyses that have been completed by the IDT for the proposed
action, there would be no conditions that would constitute an extraordinary circumstance
related to documenting the decision for the proposed action using the Categorical
Exclusions described above. Accordingly, a Decision Memo would be prepared per
requirements of NEPA, Council on Environmental Quality regulations and Forest
Service policy.
VII. Scoping and Comment
Comments and feedback received during the 30-day public scoping and comment period
will be used to ensure that the level of documentation required by NEPA for the decision
is adequate and to ensure that no important issues were overlooked during analysis of the
proposed action.
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REFERENCE: WARE) PETROLEllN1 CORP.
MARY KANODE FED 11 -3
VIII. Project Area Map
N . Proposed Oil & Gas Well -�' / . .
A,
/, - •• / and Associated Facilities . 1
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• �. Pawnee National Grassland 4 a
t (
ile
T. 10 N., R. 64 W., 6th P.M. V
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All lands shown on the map are NFS lands • . '.� C•, ,
• FF Topographic Contour Interval = 10 feet ,� = .;•
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Th� ' '' .� ._ ' 0 300 600 900 1.200 Feet
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LEGEND Disclaimer The US Forest Service uses the most current and
complete data available GIS data and product accuracy may
Mary Kanode Fed 11-3 vary. They may be developed from sources of differing accuracy.
accurate only at certain scales based on modeling or interpretation.
Well Drilling Pad incomplete while being created or revised. etc Using GIS products
for purposes other than those for Much they were created. may
— — • Pipeline Trench yield inaccurate or misleading results The US Forest Service
reserves the right to correct, update modify. or replace GIS
Upgrade of NFS Road 657 products without notification. For more information, contact the
Existing Roads Arapaho & Roosevelt National Forests and Pawnee National
iF
Grassland at 1970) 295-6600
1 / Privately-Owned Oil & Gas Rights
Map created by Vernon E. Koehler on 7/25/2012.
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