From: Subject: FR Doc 07-4227 Date: Thu, 6 Sep 2007 23:20:08 -0700 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/07-4227.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 FR Doc 07-4227 
[Federal Register: August 29, 2007 (Volume 72, Number 167)]
[Notices]              =20
[Page 49696-49697]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au07-25]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

=20
Duchesne Ranger District, Ashley National Forest, UT; South Unit=20
Oil and Gas Development EIS

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: The Forest Supervisor of the Ashley National Forest gives=20
notice of the intent to prepare an environment impact statement (EIS)=20
to document the analysis and disclose the impacts of an oil and gas=20
development project on lands administered by the Ashley National=20
Forest. The EIS analysis are includes approximately 25,900 acres on the=20
South Unit of the Ashley National Forest in Duchesne County, Utah. The=20
proposed project is located 11 miles south of Duchesne County, Utah in=20
Township 6 South, Ranges 4 and 5 West. Any authorizations and actions=20
proposed for approval in the EIS will be evaluated to determine if they=20
are consistent with direction in the 1986 Ashley National Forest Land=20
and Resource Management Plan (Forest Plan).

DATES: Comments concerning the scope of the analysis must be received=20
within 45 days of publication of this notice in the Federal Register.=20
The draft environmental impact statement is expected in June 2008 and=20
the final environmental impact statement is expected in November 2008.

ADDRESSES: Send written comments to David Herron, Project Lead, Ashley=20
National Forest, 355 North Vernal Avenue, Vernal, Utah 84078; phone:=20
(435) 781-5218. Electronic comments may be sent to 
comments-intermtn-ashley-duchesne@fs.fed.us. Email correspondence =
should include the=20

project name in the subject line. Any attachments must be submitted in=20
MS Word (*.doc) or rich text format (*.rtf) and should include the=20
project name in the document title. Written comments may also be=20
dropped off at the above address during regular business hours (8 a.m.=20
to 5 p.m.), Monday-Friday.

FOR FURTHER INFORMATION CONTACT: David Herron, Project Lead, Ashley=20
National Forest, 355 North Vernal Avenue, Vernal, Utah 84078; phone:=20
(435) 789-1181; e-mail: daherron@fs.fed.us.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The purpose and need for this project is to respond to a formal=20
proposal from the Berry Petroleum Company (Berry), to exercise their=20
lease rights, and develop oil and gas resources within their existing=20
federal oil and gas leases, located on the South Unit of the Ashley=20
National Forest. The purpose and need is also to identify the terms and=20
conditions necessary to protect surface resources and prevent conflicts=20
with other activities, programs and users in the area of operations.

Proposed Action

    In January 2007, Berry submitted a proposal to the Forest Service=20
to drill up to 400 oil and gas wells on federal mineral leases the=20
Company holds on approximately 25,900 acres in the South Unit of Ashley=20
National Forest. If economically recoverable oil or gas reserves were=20
identified from exploratory drilling, those wells would be put into=20
production. Wells would be drilled from well pads constructed of native=20
soil and rock material using standard cut and fill methods. Well pad=20
construction would require an estimated 2.5 acres of surface=20
disturbance per well pad. If economic quantities of oil and/or gas are=20
found as a result of the drilling of vertical wells, Berry may attempt=20
to directionally drill from some or all of the same well pads to assess=20
whether oil and gas resources can be reached and successfully produced=20
from directional wells. Approximately 100 miles of new access roads and=20
21 miles of upgraded existing roads would be constructed to reach the=20
proposed well pad sites. The proposal calls for a 20-year construction=20
and drilling period.

Lead and Cooperating Agencies

    The Forest Service is the lead agency. The Bureau of Land=20
Management will participate as a cooperating agency. Other eligible=20
agencies may also participate as cooperating agencies.

Responsible Official

    The Responsible Official is Kevin B. Elliott, Forest Supervisor,=20
Ashley National Forest, 355 North Vernal Avenue, Vernal, UT 84078.

Nature of Decision To Be Made

    The responsible official will decide whether to allow development=20
to occur as proposed or to allow implementation of a reasonable=20
alternative to the proposed action. The selected alternative will=20
establish the terms, conditions, and mitigations needed to protect=20
surface resources during the proposed oil and gas development. Specific=20
ground disturbing developments (wells, roads, compressors, etc.) would=20
require additional analysis prior to implementation, to determine=20
whether those developments are consistent with the scope and=20
requirements of the selected alternative. Approval for such actions on=20
individual well sites would be conducted through the Application for a=20
Permit to Drill (APD) process, in cooperation with the Bureau of Land=20
Management (BLM).

Scoping Process

    The Forest Service is seeking information, comments, and assistance=20
from federal, state, and local agencies and individuals or=20
organizations interested in or affected by the proposed action. The=20
comment period on the proposed action will be 45 days from

[[Page 49697]]

the date this Notice of Intent is published in the Federal Register.=20
Copies of this Notice of Intent will be distributed to interested=20
parties via mailings, posting on the Ashley National Forest Web site=20
(http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR=
.html&log=3Dlinklog&to=3Dhttp://www.fs.fed.us/r4/ashley/projects/=
), and publication in the=20

Uintah Basin Standard newspaper. Requests to be added to the mailing=20
list for this project should be sent to: David Herron, Project Leader,=20
Ashley National Forest, 355 North Vernal Avenue, Vernal, Utah 84078, or=20
e-mail to daherron@fs.fed.us. =
A series of public meetings will be=20
scheduled during the scoping period to describe the proposal and to=20
provide an opportunity for public input. Public meetings are being=20
planned for Salt Lake City, Duchesne, and Vernal, Utah. Dates and=20
locations for these meetings will be made available via a mailed=20
scoping notice, the Ashley National Forest Web site, and the Uintah=20
Basin Standard.

Preliminary Issues

    Issues that may be analyzed in all alternatives include: The=20
socioeconomic effects of oil and gas development and associated=20
activities; effects on terrestrial and aquatic flora and fauna,=20
including threatened and endangered species, sensitive species, and=20
management indicator species; effects on both developed and dispersed=20
recreation; effects on air quality; effects on water resources,=20
including wetlands, floodplains, riparian areas, private and municipal=20
water systems, and groundwater; effects on visual resources; effects on=20
soils and geologic hazards; effects on cultural resources; effects on=20
upland and riparian vegetation; effects on other mineral resource=20
extraction activities; and effects on noxious weeds and invasive=20
species. Issues may be added or refined based on public comments and=20
internal review.

Comment Requested

    This notice of intent initiates the scoping process which guides=20
the development of the environmental impact statement. The Forest=20
Service requests comments on the nature and scope of the environmental,=20
social, and economic issues, and possible alternatives specifically=20
related to oil and gas development on Ashley National Forest lands=20
currently leased by Berry Petroleum.
    Early Notice of Importance of Public Participation in Subsequent=20
Environmental Review: A draft environmental impact statement will be=20
prepared for comment. The comment period on the draft environmental=20
impact statement will be 60 days from the date the Environmental=20
Protection Agency publishes the notice of availability in the Federal=20
Register.
    The Forest Service believes, at this early stage, it is important=20
to give reviewers notice of several court rulings related to public=20
participation in the environmental review process. First, reviewers of=20
draft environmental impact statements must structure their=20
participation in the environmental review of the proposal so that it is=20
meaningful and alerts an agency to the reviewer's position and=20
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,=20
553 (1978). Also, environmental objections that could be raised at the=20
draft environmental impact statement stage but that are not raised=20
until after completion of the final environmental impact statement may=20
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d=20
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490=20
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,=20
it is very important that those interested in this proposed action=20
participate by the close of the 60-day comment period so that=20
substantive comments and objections are made available to the Forest=20
Service at a time when it can meaningfully consider them and respond to=20
them in the final environmental impact statement.
    To assist the Forest Service in identifying and considering issues=20
and concerns on the proposed action, comments on the draft=20
environmental impact statement should be specific as possible. It is=20
also helpful if comments refer to specific pages or chapters of the=20
draft statement. Comments may also address the adequacy of the draft=20
environmental impact statement. Comments may also address the adequacy=20
of the draft environmental impact statement or the merits of the=20
alternatives formulated and discussed in the statement. Reviewers may=20
wish to refer to the Council on Environmental Quality Regulations for=20
implementing the procedural provisions of the National Environmental=20
Policy Act at 40 CFR 1503.3 in addressing these points.
    Comments received, including the names and addresses of those who=20
comment, will be considered part of the public record on this proposal=20
and will be available for public inspection.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook=20
1909.15, Section 21)

    Dated: August 20, 2007.
Kevin B. Elliott,
Forest Supervisor.
[FR Doc. 07-4227 Filed 8-28-07; 8:45 am]

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