# Availability of Record of Decision (ROD) for the Dark Canyon Final Environmental Impact Statement (EIS)

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-2327

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** February 4, 1994

## Text

DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NM-920-04-4110-03]

Availability of Record of Decision (ROD) for the Dark Canyon
Final Environmental Impact Statement (EIS)

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of availability of the ROD for the Final Dark Canyon
EIS.

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SUMMARY: The Bureau of Land Management (BLM), New Mexico State Office,
announces the availability to the public of the ROD for the Final Dark
Canyon EIS. The Final Dark Canyon EIS analyzes the impacts on the
environment from reasonable foreseeable development of oil and gas
resources within Dark Canyon, located in Eddy County, NM. The EIS
analyzes seven alternatives, including the no action alternative and
the Applicant's (Yates Energy Corporation) proposed action to drill the
Diamondback Federal #1 Well on Federal Lease NM-62161.
The ROD documents the Bureau's decision to select Alternative G
(the Preferred Alternative) of the Final EIS. The Decision approves the
Applicant's proposed Diamondback Federal #1 Well, with the location
moved 300 meters to the northeast and establishes a ``Cave Protection
Zone'' (CPZ) within the EIS Study Area that would prohibit surface
occupancy on existing leases. Drilling would be allowed within the EIS
Study Area, but outside the CPZ, with enhanced precautionary
operations. Future leasing would be denied within the EIS Study Area.
By Memorandum of August 13, 1993, the National Park Service (NPS)
concurred with the BLM in the selection of the agency's Preferred
Alternative.
The Dark Canyon EIS Study Area encompasses approximately 8,320
acres and lies about 20 miles southwest of the city of Carlsbad, NM.
The EIS Study Area is in the BLM's Carlsbad Resource Area and totally
encompasses the Dark Canyon Special Management Area, noted for its
rugged and scenic landscape as well as cave resources.
The BLM was the lead agency for preparation of the EIS, because the
BLM is responsible for permitting oil and gas exploration on federal
mineral estate. The NPS, Southwest Region, was a cooperating agency for
preparation of the EIS because the Study Area borders Carlsbad Caverns
National Park to the south, and because the alternatives described in
the EIS could affect NPS cave resources, particularly Lechuguilla Cave.

ADDRESSES: Questions or concerns on this ROD can be directed to: BLM,
New Mexico State Office, ATTN: Joe Incardine (NM-911), P.O. Box 27115,
Santa Fe, NM 87502-0115. A limited number of copies of the ROD and the
Final EIS are also available from the BLM Roswell District Office, 1717
W. Second St., P.O. Box 1397, Roswell, NM 88202-1397 and from the BLM
Carlsbad Resource Area Office, 620 E. Greene, Carlsbad, NM 88220.
Copies of the ROD have been mailed to those addresses on the mailing
list for the Final Dark Canyon EIS.

FOR FURTHER INFORMATION CONTACT: Joe Incardine, EIS Team Leader, at
(505) 438-7458 or Don Boyer, Assistant Team Leader, at (505) 438-7439
at the above New Mexico State Office address.

SUPPLEMENTARY INFORMATION: The Draft Dark Canyon EIS was filed with the
Environmental Protection Agency (EPA) and released for public review on
September 18, 1992. A formal public hearing was held on the Draft EIS
to receive oral and written comments on the adequacy of the Draft EIS
and the merits of the alternatives discussed in Carlsbad, NM, on
October 22, 1992. The public comment period for the Draft EIS closed on
November 20, 1992. The Notice of Availability for the Draft EIS was
published in the Federal Register on September 18, 1992.
Following issuance of the Draft EIS to the public, over 1,000
comments were received by the BLM and were analyzed and considered in
the preparation of the Final EIS. During preparation of the Final EIS,
additional formal and informal meetings were held with interested
publics and agencies to develop additional information and new
alternatives for the proposal based on the public comment received on
the Draft EIS. These meetings included an informal open house and
public meeting held in Carlsbad, NM, on May 27, 1993, to inform the
public of the progress on the project, including development of two
additional alternatives and additional scientific data to be used in
the analysis of impacts and development of mitigation measures. The
Final EIS was released to the public and filed with EPA on December 17,
1993, with over 800 copies mailed out to agencies, organizations and
the general public.
Following the end of the 30-day availability period for the Final
EIS, the ROD was prepared and signed by the BLM New Mexico Acting State
Director on January 31, 1994.

Dated: January 27, 1994.
William C. Calkins,
Acting State Director.
[FR Doc. 94-2327 Filed 2-3-94; 8:45 am]
BILLING CODE 4310-FB-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-2327. Public record. Not legal advice.