[Federal Register Volume 69, Number 43 (Thursday, March 4, 2004)]
[Notices]
[Pages 10194-10196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4848]


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DEPARTMENT OF AGRICULTURE

Forest Service


Yates Duck Creek Federal Oil Well 1 EIS: Medicine Bow-
Routt National Forests and Thunder Basin National Grassland

AGENCY: Forest Service, USDA.

ACTION: Revision of a Notice of Intent to prepare an Environmental 
Impact Statement.

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SUMMARY: The Forest Service published a Notice of Intent to prepare an 
Environmental Impact Statement (EIS) for the Yates Duck Creek Federal 
Oil Well 1 in the Federal Register dated February 25, 2002 (FR 
Doc. 02-4109, pages 8512-8514). The original notice designated the 
Regional Forester as the Responsible Official. This revision (1) 
describes the current status of the Thunder Basin National Grassland 
Land and Resource Management Plan, 2001 Revision, (2) designates the 
Forest Supervisor as the Responsible Official, and (3) provides 
notification of a new estimated date for filing.

FOR FURTHER INFORMATION CONTACT: Liz Moncrief, Supervisor's Office, 
2468 Jackson Street, Laramie, Wyoming 82070, (307) 745-2456.
SUMMARY: The Forest Service will prepare an Environmental Impact 
Statement (EIS) on a proposal to drill for and develop conventional oil 
and gas resources with one (1) well on National Forest System lands in 
Campbell County, Wyoming. The well would be located on Federal Lease 
 WYW-141191, issued in 1997, in Section 30, T.55N.,R.69W.,6th 
P.M.
    The purpose of the project is to determine the potential for oil 
and gas development, by drilling one exploratory well in the Duck Creek 
area. The project potentially includes three phases: (1) Drilling, (2) 
development and/or production of oil and/or gas if discovered in 
producible quantities, and (3) abandonment. The initial phase of the 
project would include constructing access to the drill site, 
constructing a well pad, and drilling and testing the well. If results 
of testing indicate that oil and/or gas are present in producible 
quantities, production equipment and facilities would be installed. 
Development could include the installation of tanks and treatment 
equipment on the wellsite and a pipeline to transport the product. The 
project proposal also includes a plan for abandonment of the well. If 
oil and/or gas are not present in quantities that justify completion 
and production, the well would be abandoned and the site and access 
road reclaimed immediately. If the well is put into production, well 
abandonment and reclamation of the well site and access road would be 
performed to achieve a pre-project condition after the reservoir is 
depleted. The proposed well would be located in the Duck Creek 
Inventoried Roadless Area. If approved as proposed, the decision would 
permit road construction and reconstruction to occur in the roadless 
area. The EIS will comply with the requirements of the National 
Environmental Policy Act (42 U.S.C. 4321-4370a), the National Forest 
Management Act (16 U.S.C. 1600-1614), and the Mineral Leasing Act of 
1920, as amended and supplemented (30 U.S.C. 181 et seq.), and their 
implementing regulations.

DATES: Comments concerning the proposal and the scope of the analysis 
will be accepted and considered at any time after publication of this 
notice in the Federal Register and prior to a decision being made.

ADDRESSES: Send written comments to Liz Moncrief, Medicine Bow-Routt 
National Forest Supervisor's Office, 2486 Jackson Street, Laramie, 
Wyoming 82070. Electronic mail may be sent to: [email protected], fax 
may be sent to 307-745-2398.

FOR FURTHER INFORMATION CONTACT: Liz Moncrief, Forest Service Project 
Leader, 307-745-2456.

SUPPLEMENTARY INFORMATION: Yates Petroleum Corporation has filed an 
application with the Bureau of Land Management for a permit to drill 
and complete one exploration well. Drilling and completion of the well 
requires construction of access roads, and may include installation of 
testing and production equipment. As surface management agency, the 
Forest Service proposes to permit surface operations associated with 
the development of oil and/or gas resources with the drilling of one 
(1) well including construction of access roads and production 
facilities. The Forest Service will prepare an Environmental Impact 
Statement. This EIS disclose the environmental effects of the proposed 
oil and gas development.
    In 1994, the Forest Service prepared the Thunder Basin Oil and Gas 
Leasing EIS and issued a Record of Decision (ROD) for future oil and 
gas development on NFS lands on the Thunder Basin National Grasslands. 
This decision authorized the Bureau of Land Management (BLM) to lease 
Federal oil and gas resources in the Duck Creek area subject to certain 
stipulations described in the ROD, and pertinent to the surface use of 
the NFS lands. Subsequent to this decision, the

[[Page 10195]]

BLM offered the Federal lease for sale. Yates Petroleum purchased the 
lease in 1997. Pursuant to 43 CFR 3101.1-2 Surface Use Rights, the 
lessee has a right to develop the oil and gas resources on that lease 
area, subject to stipulations attached to the lease and other 
provisions as described.
    The Medicine Bow National Forest and Thunder Basin National 
Grassland Land and Resource Management Plan of 1985, as amended by the 
April 22, 1994, Record of Decision for the Environmental Impact 
Statement (EIS) for Oil and Gas Leasing on the Thunder Basin National 
Grassland, provides stipulations for oil and gas leases, and standards 
and guidelines for oil and gas development on NFS lands. This proposal 
is consistent with the 1985 Land and Resource Management Plan.
    The following paragraph replaces the previous paragraph to identify 
the current status of the Management Plan Direction.

Thunder Basin National Grassland Land and Resource Management Plan, 
2001 Revision (1)

    The Thunder Basin National Grassland portion of the 1985 Plan was 
revised as part of the Northern Great Plains Management Plan Revision 
process. The Final EIS and 2001 Revised Thunder Basin National 
Grassland Plan are completed. A Record of Decision was signed on July 
31, 2002. This proposal is consistent with the 2001 Revised Thunder 
Basin National Grassland Plan and the preferred alternative in the 
Final EIS.

Decision To Be Made

    The Responsible Official will consider the results of the analysis 
and its findings and then document the final decision in a Record of 
Decision (ROD). The decision will include a determination of the terms, 
conditions, and mitigation measures under which the proponent may 
develop the oil and/or gas resources while also protecting the surface 
natural resources in the area and providing for public safety.

Responsible Official (2)

    Mary Peterson, Forest Supervisor, Medicine Bow-Routt National 
Forest and Thunder Basin National Grassland, Laramie, Wyoming 82070, is 
the official responsible for making the Forest Service decision on this 
action. She will document her decision and rationale in a Record of 
Decision.

Preliminary Issues

    Proposed construction/reconstruction of access roads to the 
proposed well location would alter the character of portions of the 
Duck Creek Inventoried Roadless Area.

Public Involvement

    At this time, the Forest Service is seeking information, comments 
and other assistance from Federal, State and local agencies, and other 
individuals or organizations who have an interest in, or could be 
affected by the proposed action. The public is encouraged to take part 
in this process and to visit with Forest Service officials at any time 
during the analysis, and prior to the decision. While public comments 
are welcome at any time, comments received within 30 days of the 
publication of this notice in the Federal Register will be most useful 
for the identification of issues and the analysis of alternatives. 
Comments may be sent by electronic mail (e-mail) to [email protected]. 
Written comments may be mailed to the Medicine Bow--Routt National 
Forest Supervisors Office, 2468 Jackson Street, Laramie, Wyoming 82070-
6535, attention Liz Moncrief. Please reference the Yates-Duck Creek O&G 
Well EIS on the subject line. The name and mailing address of the 
commenter should be provided with their comments so that future 
documents pertaining to this environmental analysis and the decision 
can be provided to interested parties.

Estimated Dates for Filing (3)

    The draft EIS is expected to be filed with the environmental 
Protection Agency (EPA) and available for public review during March 
2004. At that time, the EPA will publish a Notice of Availability (NOA) 
of the draft EIS in the Federal Register. The comment period on the 
draft EIS will be for a period of not less than 45 days from the date 
the EPA publishes the NOA in the Federal Register. It is important that 
those interested in the management of this area comment at that time. 
The final EIS is expected to be available during July 2004. In the 
final EIS, the Forest Service will respond to any comments received 
during the public comment period that pertain to the environmental 
analysis.

The Public's Obligation To Comment

    The Forest Service believes it is important to give reviewers an 
early 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 during the Draft 
Environmental Impact Statement stage, but 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). As a result of these previous court 
rulings, it is very important that those interested in this proposed 
action participate by the close of the 45-day comment period so that 
substantive comments and objections are made 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 related to the proposed action, comments on this 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 document. Comments may also address the adequacy of the Draft 
Environmental Impact Statement or the merits of the alternatives 
displayed in the document. Reviewers should refer to the Council on 
Environmental Quality Regulations at 40 CFR 1503.3 for implementing the 
procedural provisions of the National Environmental Policy Act for 
addressing these points. Please note that any comments that are 
submitted in relation to this DEIS will be considered as public 
information.

Release of Names

    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

[[Page 10196]]

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 ten (10) days.

Responsible Official

    Mary Peterson, Forest Supervisor, Medicine Bow-Routt National 
Forests and Thunder Basin National Grassland, 2468 Jackson Street, 
Laramie, Wyoming 82070, is the official responsible for making the 
decision on this Revised Notice of Intent action. She will document her 
decision and rationale in a Record of Decision.

    Dated: February 3, 2004.
Mary H. Peterson,
Forest Supervisor, Medicine Bow-Routt National Forests and Thunder 
Basin National Grassland.
[FR Doc. 04-4848 Filed 3-3-04; 8:45 am]
BILLING CODE 3410-11-M