[Federal Register Volume 67, Number 156 (Tuesday, August 13, 2002)]
[Notices]
[Pages 52706-52709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20399]


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DEPARTMENT OF AGRICULTURE

Forest Service


Southwestern Region, Arizona, New Mexico, West Texas and 
Oklahoma; Proposed Surface Management of Natural Gas Resource 
Development on Jicarilla Ranger District, Carson National Forest, Rio 
Arriba County, NM

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Carson National Forest, Jicarilla Ranger District is 
preparing an environmental impact statement (EIS) on a proposal to 
amend the Forest's Land and Resource Management Plan (hereafter called 
Forest Plan) to incorporate standards and guidelines for surface 
management of natural gas resource development on the Jicarilla Ranger 
District. The proposal would also determine the availability of all 
unleased National Forest System lands on the Jicarilla Ranger District 
(4,385 acres) and, if determined available for leasing, add any needed 
surface protection stipulations to be forwarded to the Bureau of Land 
Management (BLM) for future lease sales. Once a decision is made to 
amend the Forest Plan, the standards and guidelines in that decision 
would remain in effect until the Forest Plan is revised. The Carson 
National Forest is scheduled to begin a scheduled revision process in 
2007 for completion by 2010.
    Ninety-seven percent of the Jicarilla Ranger District of the Carson 
National Forest is currently leased. Most of the

[[Page 52707]]

leases were issued between 1950 and 1970, prior to the passage of NEPA. 
Over 500 gas wells, with hundreds of miles of associated access roads, 
pipelines, compressor stations and other facilities currently exist on 
the District. Anticipated future development over the next 20 years on 
the District has been forecast to be around 700 more new wells. There 
is a need for an evaluation and determination of how to facilitate the 
orderly development of energy resources in the area, while minimizing 
disturbance to surface resources and uses. A comprehensive cumulative 
effects analysis that considers surface resource concerns of oil and 
gas development, such as impacts to wildlife, recreation, cultural 
resources and water quality, would provide information needed to 
establish new standards and guidelines in the Carson Forest Plan for 
management of oil and gas development on the Jicarilla Ranger District.

DATES: The Forest Service is asking that comments on the proposed 
action (scoping) be received by September 9, 2002. It is estimated that 
the draft EIS will be completed and distributed by February 2003. A 45-
day comment period will follow the date the Environmental Protection 
Agency publishes the notice of availability in the Federal Register. 
The final EIS and record of decision are estimated to be released in 
October 2003.

ADDRESSES: The draft and final EIS will be available upon request from 
the Carson Forest Supervisor's Office, Attn: Lands and Minerals, 208 
Cruz Alta Road, Taos, NM 87571. Comments related to the draft EIS can 
be sent to the Forest Supervisor, Attn: Jicarilla Gas Development EIS 
at the same address.
    Responsible Official: The Forest Supervisor, Carson National 
Forest, is the responsible official and will decide whether or not: (1) 
4,385 unleased acres scattered throughout the Jicarilla Ranger District 
would be made available for lease, and if so under what conditions; (2) 
the Forest Plan should be amended to provide for standards and 
guidelines (stipulations) for the issuance of any new leases that may 
result from the expiration, termination, or relinquishment of currently 
leased National Forest System lands; (3) the Forest Plan should be 
amended to provide standards and guidelines (conditions of approval) 
for approving development activities on currently leased National 
Forest System lands, if so what would they be and where would they be 
applied (4) monitoring is necessary, if so what type of monitoring.

FOR FURTHER INFORMATION CONTACT: Assistant Recreation, Lands and 
Minerals Staff Officer, Carson Forest Supervisor's Office (505) 758-
6272.

SUPPLEMENTARY INFORMATION: The Forest Service is planning to amend the 
Carson Forest Plan to include new standards and guidelines for surface 
management of gas development on the Jicarilla Ranger District and to 
determine the availability of all unleased National Forest System lands 
on the Jicarilla Ranger District and if determined available for 
leasing, add any needed surface protection stipulations to be forwarded 
to the BLM for future lease sales.

Reasonable Foreseeable Development Scenario

    In 2001, the BLM commissioned a study conducted by New Mexico 
Institute of Mining and Technology, with input from oil and gas 
industry representatives, to identify reasonable foreseeable 
development of oil and gas in the New Mexico portion of the San Juan 
Basin. This study resulted in a Reasonable Foreseeable Development 
Scenario (RFDS), which forms the basis for projected oil and gas 
development in the San Juan Basin over the next 20 years. The 
environmental analysis will address the cumulative effects of the RFDS. 
An RFDS is the prediction of the type and amount of oil and gas 
activity that would occur in a given area. The prediction is based on 
geologic and engineering factors, past history of drilling, and well 
spacing and density according to state regulations. The purpose of the 
RFDS is to provide a reasonable projection of the expected demand for 
development.

Details of the Proposed Action

Jicarilla Ranger District (except Special Areas--Bancos, Fierro, La 
Jara, Valencia and Highway 64)

    In order to ensure access is available to reach gas resources, meet 
the energy needs of the Nation, sustain the productivity of the land 
for other uses, support biodiversity and maintain long-term health of 
the ecosystems on the Jicarilla Ranger District, the Forest Service 
proposes to include standards and guidelines in the Carson Forest Plan 
for the Jicarilla Ranger District (except Bancos, Fierro, La Jara, 
Valencia and Highway 64 Special Areas, which are described separately 
below). These proposed standards and guidelines would:

--Maintain a total road (open and gated) density of not more than 3 
miles/mi\2\ averaged over a 4 mi\2\ area;
--Not exceed 50 acres averaged over a 4 mi\2\ area of total surface 
disturbance (other than roads) resulting from gas development 
activities (past, present and future);
--Locate collector pipelines (tie-ins) along roads;
--Not allow well pad construction on slopes greater than 20 percent, 
with cuts over 15 feet, except when other resource needs indicate;
--Minimize new roads crossing slopes greater than 40 percent and ensure 
maximum grades of 8 percent (except on pitch grades not exceeding 300 
feet in length and 10 percent in grade). Require an engineering design 
to support road construction on slopes greater than 40 percent;
--Gate all new roads over 300 feet, except when other resource needs 
indicate the road should be left open;
--Not allow gas field construction or rig activities to occur from 
November 1st to April 1st;
--Exclude well pad construction and minimize road crossings in riparian 
areas;
--Not see or hear gas development structures and activities from 
designated recreation sites;
--Not exceed a decibel level of 48.6 in all noise sensitive areas as 
established in the Noise Policy proposed by the BLM and require noise 
abatement measures on all new facilities throughout the Jicarilla 
Ranger District.

Bancos Canyon

    The Forest Service proposes to continue to allow current 
leaseholders their legal access to the gas resource from the 
surrounding rim of Bancos Canyon. To protect unique cultural sites and 
the unroaded characteristics of Bancos Canyon, surface disturbing 
activities, such as well pads, pipelines or roads, would not be allowed 
or would be significantly restricted within the canyon itself. Any new 
leases would have a ``no surface occupancy'' stipulation.

Fierro Canyon and Mesa

    The Forest Service proposes to continue to allow current 
leaseholders their legal access to the gas resource from the 
surrounding rim of Fierro Canyon. To protect the unroaded 
characteristics and wildlife values of Fierro Canyon, surface 
disturbing activities, such as well pads, pipelines or roads, would not 
be allowed or would be significantly restricted within the canyon 
itself. Any new leases for Fierro Canyon would have a ``no surface 
occupancy'' stipulation. The Forest Service proposes development on 
Fierro

[[Page 52708]]

Mesa would be accomplished through gated access road(s). Overall 
surface disturbance on the Mesa would be limited. Water would be piped 
to a central location either on the Mesa, behind a gate, or off the 
Mesa. Use of remote sensing would be implemented to minimize road use.

La Jara and Valencia Canyons

    The Forest Service proposes to continue to allow current 
leaseholders their legal access to the gas resource from the 
surrounding canyon rims of La Jara or Valencia Canyons. To protect 
unique cultural sites, wildlife values and the unroaded characteristics 
of these canyons, surface disturbing activities, such as well pads, 
pipelines or roads, would not be allowed or would be significantly 
restricted within the canyons themselves. Any new leases for La Jara or 
Valencia canyons proposed in the future would have ``no surface 
occupancy'' stated in the lease.

US Highway 64 Corridor

    In order to protect the unique vistas and riparian vegetation seen 
from the US Highway 64 corridor, the Forest Service proposes to manage 
the US Highway 64 Corridor with a visual quality objective of 
Retention. Under Retention the existing character of the landscape is 
retained. The level of change to the characteristic landscape is low. 
Management activities may be seen, but should not attract attention of 
the casual observer. Any changes must repeat the basic elements of 
form, line, color and texture found in the predominant natural features 
of the characteristic landscape. In order to meet this objective, 
future well sites would require the use of low profile facilities, 
tanks painted in a dark color, tree screens and topography to hide 
facilities. Well sites would not be permitted on ridgelines and cuts in 
slopes over 15 feet would be prohibited. These visual quality standards 
would reduce or eliminate the visual impacts of gas development along 
US Highway 64.

Mitigation Measures

    Along with the above standards and guidelines for each area, this 
proposed action assumes that the site-specific Conditions of Approval 
would be incorporated in any approved application for permit to drill 
(APD) a gas well. These conditions include standard mitigation measures 
and best management practices, such as inventory and protection of 
archeological sites, stabilization of disturbed sites and road 
maintenance.

Preliminary Issues and Alternatives

    The Forest Service has developed this proposed action to meet a 
purpose and need with the best information available--it is not a 
decision. This proposal is intended to facilitate public involvement in 
identifying pertinent issues, developing meaningful alternatives, and 
analyzing relevant effects. The intent of a NEPA analysis is to 
consider and disclose the effects of a proposed action and its 
alternatives before making a decision.

Public Involvement

    Public review and comments on the proposed action will help the 
Forest Service identify any issues generated by the proposal and aid in 
the development of alternatives to be analyzed. The EIS for Surface 
Management of the Natural Gas Resource Development on the Jicarilla 
Ranger District will evaluate the effects on watersheds, vegetation, 
wildlife, threatened and endangered plants and animals, riparian areas, 
soils, air and water quality, reaching gas resources, social and 
economic conditions, recreation, heritage resources, noise and other 
concerns that may arise from public response to this notice.
    In addition to sending this report to the Ranger District's mailing 
list and others known to be interested in gas development activities in 
the area, the Forest Service will be holding two open houses. No 
presentation will be given, but the Forest Service and others will be 
on hand to answer questions, provide additional information (maps, fact 
sheets, etc.), and give you a chance to talk one-on-one with those 
involved in the environmental analysis. Anyone is invited to submit 
written or oral comments before and during the open house. These 
comments will be considered in developing alternatives for the Draft 
EIS.

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             Date                      Time                Place
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Thursday, September 5th.......  3 pm-8 pm........  Bloomfield Cultural
                                                    Complex, 333 South
                                                    First St.,
                                                    Bloomfield.
Friday, September 6th.........  3 pm-8 pm........  Farmington Civic
                                                    Center, 200 W.
                                                    Arrington,
                                                    Farmington.
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    The Forest Service is requesting that public concerns and comments 
on the proposed action be submitted to the address below by September 
9, 2002: Forest Supervisor, Attn: Jicarilla Gas Development EIS, Carson 
National Forest, 208 Cruz Alta Rd., Taos, NM 87571.
    Comments received in response to this solicitation, including names 
and addresses of those who comment, will be considered part of the 
public record on this proposed action and will be available for public 
inspection. Comments submitted anonymously will be accepted and 
considered; however, those who submit anonymous comments will not have 
standing to appeal the subsequent decision under 36 CFR parts 215 or 
217. Additionally, pursuant to 7 CFR 1.27(d), any person may request 
the agency to withhold a submission from the public record by showing 
how the Freedom of Information Act (FOIA) permits such confidentiality. 
Persons requesting such confidentiality should be aware that, under the 
FOIA, confidentiality may be granted in only very limited 
circumstances, such as to protect trade secrets. The Forest Service 
will inform the requester of the agency's decision regarding the 
request for confidentiality, and where the request is denied, the 
agency will return the submission and notify the requester that the 
comments may be resubmitted with or without name and address within 
seven days.
    The Forest Service believes, at this early stage, it is important 
to give reviewers notice of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
draft environmental impact statements must structure their 
participation in the environmental review of the proposal so that it is 
meaningful and alerts an agency to the reviewer's position and 
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
553 (1978). Also, environmental objections that could be raised at the 
draft environmental impact statement stage but that are not raised 
until after completion of the final environmental impact statement may 
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, 
it is very important that those interested in this proposed action 
participate by the close of the comment period so that substantive 
comments and objections are made

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available to the Forest Service at a time when it can meaningfully 
consider them and respond to them in the final environmental impact 
statement. To assist the Forest Service in identifying and considering 
issues and concerns on the proposed action, comments on the draft 
environmental impact statement should be as specific as possible. It is 
also helpful if comments refer to specific pages or chapters of the 
draft statement. Comments may also address the adequacy of the draft 
environmental impact statement or the merits of the alternatives 
formulated and discussed in the statement. Reviewers may wish to refer 
to the Council on Environmental Quality Regulations for implementing 
the procedural provisions of the National Environmental Policy Act at 
40 CFR 1503.3 in addressing these points.
    The Carson National Forest has contracted with Science Applications 
International Corporation (SAIC-Albuquerque) to develop the 
environmental impact statement in cooperation with the staff from the 
Jicarilla Ranger District and the Forest Supervisor's Office. In 
addition to conducting the technical analyses and developing the 
documents, SAIC will assist the Forest Service with public outreach 
efforts.

    Dated: August 5, 2002.
Martin D. Chavez Jr.,
Forest Supervisor, Carson National Forest.
[FR Doc. 02-20399 Filed 8-12-02; 8:45 am]
BILLING CODE 3410-11-P