[Federal Register Volume 62, Number 108 (Thursday, June 5, 1997)]
[Notices]
[Pages 30885-30886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14675]
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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
[[Page 30886]]
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