Rocky Mountain Region; AA Production, Inc.; Twin-Creeks-Unit; Grand Mesa, Uncompahgre and Gunnison National Forests; Gunnison County, Colorado; Notice

Federal RegisterJun 2, 1994

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DEPARTMENT OF AGRICULTURE

Forest Service

Rocky Mountain Region; AA Production, Inc.; Twin-Creeks-Unit;

Grand Mesa, Uncompahgre and Gunnison National Forests; Gunnison County,

Colorado; Notice

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 an AA Production, Inc., proposal to drill 4 coal bed

methane wells on existing leases and construct a transportation system

to these wells within the Clear Creek Roadless Area on the Gunnison

National Forest, Paonia Ranger District, approximately 23 miles north,

northwest of the town of Paonia, Colorado.

DATES: An open house is scheduled for June 9, 1994, at the Panonia Town

Hall from 2-5 p.m. and from 6-9 p.m. to display and discuss the Twin-

Creeks-Unit proposal. Comments concerning the scope and issues of the

analysis should be received by July 15, 1994; Publication of Draft EIS:

December, 1994; final EIS: July, 1995.

ADDRESSES: Send written comments to Twin-Creeks-Unit, Paonia Ranger

District, PO Box 1030, North Rio Grande Ave., Paonia, CO 81428.

FOR FURTHER INFORMATION CONTACT:

Mike Ward, Paonia Ranger District, PO Box 1030, North Rio Grande Ave.,

Paoni, CO 81428, (303) 527-4260.

SUPPLEMENTARY INFORMATION: AA Production, Inc. has submitted a proposal

to drill 4 coal bed methane wells with foreseeable development of

additional wells if the first 4 are successful. Drilling would occur on

existing leases granted before 1980 in the Clear Creek Roadless area

between Deadhorse Creek and Jones Park. The wells would be located

within one mile of an existing road (FDR 844) and a pipeline which

parallels the road. The 4 proposed wells are more precisely located in

the Southwest Quarter of Section 21--Township 10 South--Range 90 West

of the 6th Principal Meridian.

It is important to remain clear about the decisions to be made on

the Twin-Creeks-Unit proposal. Decisions on whether or not this area of

the Forest will or will not be available for oil and gas leasing have

already been made. AA Production, Inc., holds valid oil & gas leases

and have a legal right to drill on their leases. The 1993 Forest Oil &

Gas Leasing EIS has allocated the Clear Creek Roadless area to oil &

gas development. These decisions will not be revisited, unless an

unavoidable effect on some very significant resource is discovered

through this analysis. At this point, we do not anticipate any effects

such as this. We do have an obligation to consider all environmental

factors, analyzed to the latest standards, before we allow the proposed

oil and gas development to occur so appropriate protection or

mitigation measures can be developed and implemented. This EIS will

accomplish this.

The Forest Service will decide how, when, and exactly where, oil &

gas development will occur while minimizing effects on the human

environment to the extent practical. The Forest Service has

responsibility for managing surface resources. Specifically, Forest

Service decisions to be made are:

1. Determine specifically where, how, when, and under what conditions

the transportation system and well pads will be developed for the 4

wells proposed for drilling.

2. Determine general locations for the foreseeable wells, and any other

mitigation needed in addition to those for the first 4 proposed wells.

3. Determine if there are site specific unavoidable effects on very

significant resources in the area which would preclude drilling or

surface occupancy.

Any well development other than the current proposal to drill 4

wells will require additional site specific environmental analysis.

The Bureau of Land Management is responsible for deciding how

actual down-hole drilling activities will occur and has the authority

to approve the Application For Permit To Drill (APD).

Preliminary scoping has identified nine issues. These issued are:

(1) Visual Quality, (2) The proposed wells are within a roadless area

identified during the 1979 RARE II process, (3) Transportation System,

Development, (4) Wildlife Management and Protection including

Threatened, Endangered, & Sensitive Wildlife & Plants, (5) Retention of

Water Quality, Wetlands, and Riparian areas, (6) Soils & Geologic

Hazards, (7) Effects on Recreation Opportunities & Outfitter Guides,

(8) Social & Economic Effects, (9) Cultural & Historic Resources.

Scoping will consist of public meetings, news releases, and a

scoping letter sent to people, organizations, and public agencies who

may be interested in this project. An open house is scheduled for June

9, 1994. A new release to local media and interested parties is being

made in conjunction with the June 9 meeting.

The U.S. Fish & Wildlife Service will be consulted on possible

effects on threatened and endangered plant and animal species and may

be asked to provide expertise for the environmental analysis. The

Forest Service may consult with other local, State, or Federal agencies

as needed. The Bureau of Land Management and the U.S. Geological Survey

will be asked to serve as Cooperating Agencies. The U.S. Geological

Survey will serve as a coal-bed-methane well expert. The Bureau of Land

Management will serve as a drilling expert and is responsible for

approving actual down-hole drilling techniques. The U.S. Forest Service

will be the Lead Agency.

The comment period on the draft environmental impact statement will

be 45 days from the date the Environmental Protection Agency's notice

of availability appears in the Federal Register.

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 have been 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 Circuit, 1986) and Wisconsin Heritages,

Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of

these rulings, it is very important that those interested in this

proposed action participate by the close of the 45 day draft

environmental impact statement 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 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. Please note that comments on

the draft environmental impact statement will be regarded as public

information.

The responsible Bureau of Land Management official is Sally Wisley,

Area Manager, San Juan Resource Area, Federal Building, 701 Camino Del

Rio, Durango, Colorado 81301.

The responsible Forest Service official is Ray L. Kingston, Paonia

District Ranger, Grand Mesa, Uncompahgre and Gunnison National Forests,

P.O. Box 1030, North Rio Grande Avenue, Paonia, Colorado 81428.

Dated: May 26, 1994.

Ray L. Kingston,

District Ranger.

[FR Doc. 94-13378 Filed 6-1-94; 8:45 am]

BILLING CODE 3410-11-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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