Availability of Final Programmatic Environmental Assessment and Finding of No Significant Impact

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO

Availability of Final Programmatic Environmental Assessment and

Finding of No Significant Impact

AGENCY: United States Section, International Boundary and Water

Commission, United States and Mexico.

ACTION: Notice of availability of final programmatic environmental

assessment and finding of no significant impact.

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SUMMARY: Pursuant to section 102(2)(C) of the National Environmental

Policy Act of 1969; the Council on Environmental Quality Final

Regulations (40 CFR Parts 1500 through 1508); and the Operational

Procedures of the United States Section, International Boundary and

Water Commission, United States and Mexico (USIBWC), for Implementing

Section 102 of NEPA, published in the Federal Register September 2,

1981 (46 FR 44083-44094); the USIBWC hereby gives notice that the Final

Programmatic Environmental Assessment (PEA) and Final Finding of No

Significant Impact (FONSI) to address the potential adverse

environmental impacts of oil and natural gas development within the

Falcon Dam and Reservoir Project, Starr and Zapata counties, Texas are

available. The USIBWC finds that the proposed action to grant

exceptions to its policy of prohibiting development within the

reservoir is not a major federal action that would have a significant

adverse effect on the quality of the human environment. A Notice of

FONSI was signed February 10, 1997, and published in the Federal

Register on February 19, 1997 (62 FR 7475-7477) for a thirty (30) day

review and comment period.

ADDRESSES: Mr. Yusuf E. Farran, Division Engineer, Environmental

Management Division, United States Section, International Boundary and

Water Commission, United States and Mexico, 4171 North Mesa Street, C-

310, El Paso, Texas 79902-1441. Telephone: 915/534-6704.

SUPPLEMENTARY INFORMATION:

Proposed Action

The action proposed is for the USIBWC to grant exceptions on a

case-by-case basis to its policy of prohibiting oil and gas development

upon USIBWC real property within Falcon Reservoir. The proposed action

would alter USIBWC policy so that limited exceptions may be granted in

appropriate cases, allowing some oil and gas exploration and

development on USIBWC real property located below the 307-foot

elevation traverse (the United States property line also called the

``307-foot traverse'') within Falcon Reservoir but above the 307-foot

mean sea level elevation.

Alternatives Considered

Two alternatives were considered in the Final Programmatic

Environmental Assessment (PEA):

The Proposed Action Alternative is for the USIBWC to grant

exceptions to its policy of prohibiting oil and natural gas development

upon USIBWC real property within Falcon Reservoir on a case-by-case

basis. If the USIBWC makes the determination to allow exceptions to

this prohibition, the United States Bureau of Land Management (BLM),

the federal authorizing agency which approves applications for permits

to drill for federal reserves, could then approve applications to drill

from sites below the 307-foot traverse property line for oil and gas

reserves located within the reservoir. Separate environmental

assessments would then be prepared by project proponents tiered from

this PEA to address the specific impacts of drilling for oil and

natural gas at specific locations within the reservoir, and the USIBWC

would consider issuing land use permits to ensure that such works do

not interfere with the operation and maintenance of the Falcon Dam and

Reservoir Project.

The No Action Alternative is for the USIBWC to not grant any

exceptions to its policy of prohibiting oil and natural gas development

upon USIBWC real property within Falcon Reservoir. BLM would only be

able to approve applications for permits to drill from sites above the

307-foot traverse property line; hence outside the reservoir. Project

proponents would need to consider use of alternative means to recover

private and public natural gas reserves within the reservoir. Since no

oil and natural gas development would be done within the Falcon

Reservoir, the USIBWC would not issue land use permits to project

proponents. The no action alternative would result in no development

below the 307-foot traverse for private and public reserves in the

reservoir; avoidance of any potential impacts associated with the

proposed action; the loss of tax and royalty revenues to the local,

state and federal governments; the loss of royalty revenues to mineral

owners; and the loss of an otherwise recoverable clean energy source.

Programmatic Environmental Assessment

TransTexas Gas Corporation (TransTexas) requested the USIBWC to

grant them permission to construct a drill pad site on an island above

the 307-foot mean sea level elevation located within USIBWC real

property below the 307-foot traverse within Falcon Reservoir for the

purpose of drilling natural gas wells. The USIBWC began coordination

with BLM, and BLM indicated it would not approve the application for

permit to drill until the USIBWC determined whether it would waive the

stipulation that prohibits oil and natural gas development within the

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reservoir. Both agencies agreed that due to a lack of both funding

resources and human resources for an agency produced environmental

document and an immediate need by TransTexas to gain access to private

and public reserves within the reservoir, a third party environmental

analysis would be acceptable for determination of the significance of

the impacts of the federal action of the USIBWC granting exceptions to

its policy of prohibiting any mineral exploration or development within

its property at Falcon Reservoir.

The Final PEA prepared by contract by TransTexas describes the

historical and existing development of oil and natural gas in the

general vicinity (but above the 307-foot traverse property line) of the

reservoir area and the planned oil and natural gas activities within or

adjacent to potential drill sites on the United States side of the

international reservoir in the reasonably foreseeable future. It

analyzes the general impacts expected from such development in the

foreseeable future and the cumulative environmental impacts of oil and

natural gas development within Falcon Reservoir. The Final PEA

discusses mitigation measures to minimize degradation of environmental

resources within and adjacent to the reservoir. The PEA is envisioned

to serve as a baseline environmental document from which other drilling

proponents and permit applicants will be able to tier site specific

environmental assessments for similar activities within the reservoir

area. The USIBWC reviewed and approved the completed Final PEA for

proposed oil and gas development within the reservoir, and it is

currently available.

Finding of the Programmatic Environmental Assessment

The Final PEA finds that the proposed action for the USIBWC to

grant exceptions to its policy of prohibiting oil and natural gas

development upon USIBWC real property below the 307-foot traverse

property line at Falcon Reservoir but above the 307-foot mean sea level

elevation does not constitute a major federal action which would cause

a significant local, regional, or national adverse impact on the

environment. The USIBWC has determined that an environmental impact

statement is not required and hereby provides notice of FONSI based on

the following facts:

1. Construction, drilling and production activities at potential

well pad sites will have no significant adverse impacts on air quality.

Standard construction practices to control fugitive dust would be

utilized.

2. The slight impacts from construction, drilling and production

activities associated with noise at potential well pad sites are fully

mitigable through vegetative buffer zones, equipment noise suppressors,

and avoidance of critical wildlife use periods.

3. Negligible impacts to geologic and water resources are mitigable

through the use of erosion and sediment control measures and devices,

secondary containment measures, best management practices during all

phases of site development, and use of site specific spill prevention

control and countermeasure plans.

4. Biological resources will be protected from impacts by total

avoidance of clearing within heavy brush corridors, animal exclusion

fences around drill pad locations, site specific surveys for threatened

and endangered plant and animals, and monitoring plans coordinated by

the appropriate federal and state conservation agencies.

5. Impacts to cultural resources can be mitigated through avoidance

of sites determined to be eligible for the National Register of

Historic Places and if avoidance is not viable, implementation of a

Memorandum of Agreement for mitigating impacts will be necessary prior

to BLM approval of applications for permits to drill, USIBWC issuance

of land use permits, and any development at potential drill sites.

6. Negligible impacts associated with land use and transportation

will not require additional mitigation.

7. Negligible impacts associated with visual resources are

mitigable through properly placed night lighting, unobtrusive painting

of facilities, and alignment of access road and utility corridors for

limited views of individual project facilities.

Availability

Copies of the Final PEA and Final FONSI are available for public

review at the USIBWC Falcon Dam Field Office, Falcon Road, Falcon

Heights, Texas 78545, and have been distributed to Federal, State, and

local agencies, organizations and individuals that have commented on or

have been consulted and coordinated with in the preparation of the PEA.

A limited number of copies are available to fill single copy requests

at the above address.

Dated: May 29, 1997.

Randall A. McMains,

Attorney.

[FR Doc. 97-14675 Filed 6-4-97; 8:45 am]

BILLING CODE 4710-03-M