Yates Duck Creek Federal Oil Well #1 Environmental Impact

From: GPO_OnLine_USDA
Date: 2002/02/25


[Federal Register: February 25, 2002 (Volume 67, Number 37)]
[Notices]
[Page 8512-8514]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe02-23]

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DEPARTMENT OF AGRICULTURE

Forest Service

Yates Duck Creek Federal Oil Well #1 Environmental Impact
Statement: Medicine Bow-Routt National Forests and Thunder Basin
National Grassland

AGENCY: Forest Service, USDA.

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

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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: drilling,
development and/or production of oil and/or gas if discovered in
producible quantities, and 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. sections 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: emoncrie@fs.fed.us, 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 will 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

[[Page 8513]]

(ROD) for future oil and gas development on NFS lands on the Thunder
Basin National Grasslands. This development 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 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 Thunder Basin National Grassland portion of the 1985 Plan is
being revised through 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 is expected to be
approved soon. 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

    Rick Cables, Regional Forester, USDA Forest Service, Rocky Mountain
Region, 740 Simms St., Golden, Colorado, 80401 is the official
responsible for making the Forest Service decision on this action. He
will document his decision and rationale in a Record of Decision.

Preliminary Issues

    Proposed construction/reconstruction of access roads to the
proposed well location could alter the character of portions of the
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 emoncrie@fs.fed.us.
Written comments may be mailed to the Medicine Row--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

    The draft EIS is expected to be filed with the Environmental
Protection Agency (EPA) and available for public review during March
2002. 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 to comment at that
time. The final EIS is expected to be available in July 2002. In the
final EIS, the Forest Service will respond to any comments received
during the public comment period that pertain to the environmental
analysis. Those comments and the Forest Service responses will be
disclosed and discussed in the draft EIS, which will be considered when
making the final decision about this proposal.

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 whose 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,

[[Page 8514]]

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 submissions and notify the requester that the
comments may be resubmitted with or without name and address within ten
(10) days.

    Dated: February 11, 2002.
M.M. Underwood, Jr.,
Director, Physical Resources, USDA Forest Service Rocky Mountain
Region.
[FR Doc. 02-4109 Filed 2-22-02; 8:45 am]
BILLING CODE 3410-11-M



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