# Bennett-Cottonwood Oil and Gas Development EIS Custer National Forest, McKenzie County, North Dakota

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URL: https://www.frixlaw.com/law-library/documents/fr%3A95-197

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** January 5, 1995
- **Citation:** 60 FR 1765

## Text

DEPARTMENT OF AGRICULTURE
Forest Service

Bennett-Cottonwood Oil and Gas Development EIS Custer National
Forest, McKenzie County, North Dakota

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare environmental impact statement.

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SUMMARY: The USDA, Forest Service, will prepare an environmental impact
statement (EIS) to disclose the environmental effects of further oil
and gas development in the Bennett-Cottonwood area, approximately 22
air miles south of Watford City, North Dakota. The lands involved
include portions of the McKenzie Ranger District, Little Missouri
National Grasslands, Custer National Forest.

DATES: Written comments concerning the scope of the analysis must be
received by February 21, 1995.

ADDRESSES: Written comments concerning the analysis should be sent to
District Ranger, McKenzie Ranger District, Little Missouri National
Grasslands, Custer National Forest, HCO 2, Box 8, Watford City, North
Dakota, 58854.

FOR FURTHER INFORMATION CONTACT: [[Page 1766]]
Questions about the proposed action and EIS should be directed to
Lesley W. Thompson, District Ranger, McKenzie Ranger District. Phone
(701) 842-2393.

SUPPLEMENTARY INFORMATION: Until recently, there has been only one
productive oil well in the Bennett-Cottonwood area. The lease for this
well was issued in 1970 and has been held in production since 1980 by
Apache Corporation. It's establishment and maintenance has had little
impact on the area.
The high potential for oil and the development of leased mineral
rights, as well as, private mineral rights, has resulted in the
establishment of eight new oil wells within the area since 1991 (four
Federal minerals and four private minerals). Successful oil production
from these well has resulted in additional applications to drill on
existing leases within the area.
Since 1970, the year of the oldest lease in the area, several
resource management plans were prepared that inventoried and analyzed
the area. They are: the Badlands Unit Plan (1974/75); Roadless Area
Resource Inventory (RARE II, 1979); the Custer National Forest Land and
Resource Management Plan, EIS, and Record of Decision (June 10, 1987);
and the Oil and Gas Leasing EIS and ROD for the Northern Little
Missouri National Grasslands (1991).
In addition to the noted plans, the North Dakota Game and Fish, re-
introduced bighorn sheep (California subspecies) into the Sheep Creek
area in 1987. Bighorn sheep are a sensitive species in the Northern
Region (R-1) of the Forest Service.
The McKenzie Ranger District intends on preparing an EIS because
further development in this area may significantly affect bighorn sheep
and/or the Bennett-Cottonwood inventoried roadless area (L1DAY).
There are a total of thirteen (13) new oil wells proposed to be
developed within the Bennett-Cottonwood area. Of the thirteen proposed
wells, five (5) will sit on Federal surface accessing Federal minerals,
two (2) will sit on Federal surface accessing private minerals, two (2)
will sit on private surface accessing Federal minerals, one (1) will
sit on private surface accessing private minerals, two (2) will sit on
North Dakota state surface accessing Federal minerals, and one (1) will
sit on North Dakota state surface accessing state leased minerals. Of
the wells noted above, three that will sit on the same parcel of
private property will require new road construction, across the Federal
surface, for access. This will require approval of a special use permit
by the Forest Service.
Forest Service decision authority is limited to the lands the
Forest Service administers. Thus, in this instance, the Forest Service
proposes to approve the surface use and operations plans for the
construction of five (5) new oil wells, associated roads, and
production facilities in the Bennett-Cottonwood area. As well as,
consider approving a special use permit for a road to access private
property surrounded by Federal lands within the same area. Production
facilities includes the connection of proposed wells to an oil and gas
pipeline system. The Forest Service will not make any decision(s)
regarding the use of private or state lands, but must, pursuant to the
National Environmental Policy Act, consider the cumulative effects of
actions ``regardless of what agency (Federal or non-Federal) or person
undertakes such other actions'' (40 CFR 1508.7).
This is a project level decision. The project area is located in
the following Townships, Ranges, and Sections: T146N, R100W, S(s) 3, 4,
5, 8, 9, and 10; and T147N R100W, S(s) 22, 26, 27, 28, 32, 33, and 34.
This is approximately 7,360 acres. The analysis area will be larger and
will include the Bennett-Cottonwood Inventoried Roadless area and
suitable bighorn sheep habitat for the Sheep Creek herd.
The decision(s) to be made are to approve or deny for
implementation, in part or whole, as submitted or modified, individual
development actions.

Additional Resource Information

Lands within the analysis area include portions of the following
Townships and Ranges: T147N, R100 and 101W; T146N, R99, 100, and 101W,
5th PM. There are approximately 28,500 acres of land within the
analysis area boundary, including 5,440 acres of privately owned lands,
and 1,280 acres of North Dakota state lands. There are approximately
thirty-one (31) leases within the analysis area. The scope and area of
the decision will include National Forest System lands or those
administered by the U.S. Forest Service only.

Roadless Resource

Part of the project area falls within the Bennett-Cottonwood
inventoried roadless area. There are 13,760 acres of National Forest
System lands within this roadless area. Its potential for wilderness
recommendation was considered in the Forest Planning effort. In the
Forest Plan Record of Decision, none of this area was recommended for
wilderness consideration. Rather, approximately 4,600 acres was
allocated to Management Area B (intensive range management), 2,900
acres to Management Area C (key wildlife habitat area, in this case,
bighorn sheep), and the rest to Management Area J (low development
area).
In the Forest Plan Record of Decision, it was recognized that
because of existing commitments (private mineral rights and existing
leases), it would be difficult to manage this area in an undeveloped
state. However, the designation of Management Area C and J was
considered the best attempt of managing for these values while still
recognizing existing rights (CNF ROD page 20).
The issue of oil and gas development on the roadless character of
the area surfaced again during the Oil and Gas Leasing FEIS for the
Northern Little Missouri National Grasslands. While the decision was to
lease the land within the Bennett-Cottonwood Management Area C with an
NSO stipulation, close to 60 percent of the management area was already
leased and held by production (NLM FEIS page 3-35). Some additional
development was envisioned in this area as a result of these existing
leases, as shown in the Reasonably Foreseeable Development Scenario
(RFD) that was a part of this leasing analysis (NLM FEIS page 4-6).
Managing these lands for low development has been compromised by the
need for access and development of existing leases and due to limited
control of privately owned minerals under Federal Surface ownership
(NLM ROD page 19).

Wildlife, Bighorn Sheep

Bighorn sheep (believed to be the Audubon subspecies), once a
native of the North Dakota badlands, disappeared from the state when
the last reported ram was killed in 1905. The North Dakota Game and
Fish Department began re-introducing California bighorn sheep into the
badlands of North Dakota in 1955. Since that time nearly 260 sheep
populate, through breeding and release, private, state, and Federal
lands throughout western North Dakota. The Sheep Creek herd was re-
introduced near the Sheep Creek/Bennett-Cottonwood area in 1987. The
Sheep Creek herd is comprised of approximately of 30-35 sheep and is a
component of the Sheep Creek-Magpie metapopulation which numbers
approximately 50 to 60 sheep.
The Forest Service in conjunction with the North Dakota Game and
Fish Department and some oil companies are engaged in a research study
of bighorn sheep on the National Grasslands. One of the anticipated
outcomes is to shed light on the effects of oil and gas
[[Page 1767]] activities on bighorn sheep. The information gained
through this study will be used in developing a conservation strategy
that addresses the long term management of California bighorn sheep on
the Little Missouri National Grasslands.
This EIS will tier to the Custer National Forest Land and Resource
Management Plan, EIS, and Record of Decision (1987), as amended, and
the Oil and Gas Leasing EIS for the Northern Little Missouri National
Grasslands and Record of Decision (1991). This is a project level
decision and the scope of the analysis will be confined to issues
associated with the proposed action.
Federal, state,and local agencies, lessees, permittees, and other
individuals or organizations interested in or potentially affected by
the decision are invited to participate in the scoping process. Input
to identify issues and alternatives to be addressed in this analysis
will be gathered from the public through mailing of scoping information
to all known interested publics.
Based on comments made by the public on past proposals, the
following list of preliminary environmental issues has been identified.
This list will be confirmed of modified based on further input from the
public.
1. Consider the effects of oil well and associated access road(s)
development, including Federally leased minerals and where private
minerals are overlain by Federal surface and/or are accessed across
Federal surface, on:
a. Sensitive plant and/or animal species, including bighorn sheep;
b. The Bennett-Cottonwood inventoried roadless area;
c. Canyon lands/complexes, including riparian areas;
d. Visual quality, especially as seen from the North Unit of
Theodore Roosevelt National Park, and the Little Missouri Scenic River;
e. Grazing;
f. Private lands and access to these lands within the analysis
area;
g. The Maah-Daah-Hey Trail; and
h. The transportation system.
Alternatives to be considered in this analysis depend on the final
list of environmental issues. The following is a list of preliminary
alternatives.
1. No Action, deny, or defer to a later time, further development
within the area.
2. Approve as submitted, applications for permit to drill (Proposed
Action);
3. Approve but modify, applications for permit to drill.

Release of Draft and Final EIS

The draft environmental impact statement (DEIS) is expected to be
filed with the Evironmental Protection Agency (EPA) and available for
public review in May 1, 1995. At that time, the EPA will publish a
Notice of availability of the Draft EIS in the Federal Register. The
comment period on the Draft EIS will be 45 days from the date the EPA's
notice of availability appears in the Federal Register. It is very
important that those interested in management of the Bennett-Cottonwood
area participate at this time. To be most helpful, comments on the
Draft EIS should be as site-specific as possible. The Final EIS is
scheduled to be completed by July 1, 1995.
The Forest Service believes, at this early stage, it is important
to give reviewers notice of several court rulings related to public
participants 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. 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 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
tentative issues and proposed alternatives it is helpful if comments
are as specific as possible. Reviewers may wish to refer to the Council
on Environmental Quality Regulations for implementing the procedural
provisions of the National Environmental Act at 40 CFR 1503.3 in
addressing these points.
I am the responsible official for this decision and EIS. My address
is McKenzie Ranger District, Little Missouri National Grasslands,
Custer National Forest, HC02 Box 8, Watford City, North Dakota 58854.

Dated: December 29, 1994.
Lesley W. Thompson,
District Ranger.
[FR Doc. 95-197 Filed 1-4-95; 8:45 am]
BILLING CODE 3410-11-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-197. Public record. Not legal advice.