[Federal Register: March 17, 2003 (Volume 68, Number 51)]

[Notices]               

[Page 12661-12662]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17mr03-33]                         



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Notices

                                                Federal Register

________________________________________________________________________



This section of the FEDERAL REGISTER contains documents other than rules 

or proposed rules that are applicable to the public. Notices of hearings 

and investigations, committee meetings, agency decisions and rulings, 

delegations of authority, filing of petitions and applications and agency 

statements of organization and functions are examples of documents 

appearing in this section.



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[[Page 12661]]







DEPARTMENT OF AGRICULTURE



Forest Service



 

Manti-La Sal National Forest, Fortuna Company Gas Exploration 

Wells, Emery and Sanpete Counties, UT, Notice of Intent To Prepare an 

Environmental Impact Statement



AGENCY: Forest Service, USDA.



ACTION: Notice of Intent to Prepare an Environmental Impact Statement.



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SUMMARY: The Forest Service (FS) will prepare an Environmental Impact 

Statement (EIS) to document the analysis and disclose the environmental 

and human effects of authorizing a gas exploration well and associated 

road access on the Manti-La Sal National Forest. The proposed wells, 

designated the Joe's Valley Federal 20-1, and Lowery Water Federal 32-

12, were proposed by Fortuna US (proponent). The BLM (Bureau of Land 

Management) will participate as a cooperating agency.



Agency Decisions



    The BLM is responsible for administration of oil and gas leases 

under the Mineral Leasing Act of 1920, as amended, and Federal 

Regulations in 43 CFR part 3100. The BLM Moab Field Office Manager must 

decide whether or not to approve the Application for Permit to Drill 

(APD). The Forest Supervisor, Manti-La Sal National Forest must decide 

whether or not to approve the Surface-Use Plan of Operations and what 

conditions to require for the protection of non-mineral resources. 

Forest Service authority is provided under the Mineral Leasing Act of 

1920, as amended, Federal Onshore Oil and Gas Leasing Reform Act of 

1987, and Federal Regulations in 36 CFR part 228, Subpart E.



DATES: Written comments concerning issues and alternatives to be 

considered and the scope of the analysis described in this notice 

should be received within 30 days from the date of publication of this 

notice in the Federal Register.



ADDRESSES: Send written comments to Forest Supervisor, Ferron/Price 

Ranger District, Manti-La Sal National Forest, 115 West Canyon Road, PO 

Box 310, Ferron, Utah 84523, ATTN: Tom Lloyd.



FOR FURTHER INFORMATION CONTACT: Questions concerning the proposed 

action and EIS should be addressed to Tom Lloyd or Carter Reed, Manti-

La Sal National Forest, phone (435) 384-2372 or (435) 637-2817.



SUPPLEMENTARY INFORMATION: Fortuna US has proposed to conduct gas 

exploration activities in 2003/2004 and reclamation activities in 2004/

2005 on Federal Oil and Gas Lease(s) UTU-78146 and UTU-14623. 

Exploration activities would consist of reconstruction of about 3 miles 

of Forest Service Roads (FSR) 50038 and 50059, construction of 

temporary project access roads (about 0.31 miles), construction of 

drill pads (4.5 acres total estimated disturbance) and drilling two (2) 

wells. Analysis of possible production lines to nearby gas pipelines 

would also be considered.

    The proposed Joe's Valley Federal 20-1 is located in NW\1/4\ Sec 21 

T.15S, R6E. SLBM, Sanpete County, Utah. The Lowery Water Federal 32-12 

is located in SW\1/4\ Sec 32 T. 16 S, R. 6 E., SLBM, Emery County, 

Utah. The general area of the proposed site would be the Scad Valley, 

Middle Mountain, Lowery Water area, about 5 miles north of Joe's Valley 

Reservoir and about 2.6 miles south of Miller Flat Reservoir and 

approximately 16 miles north-northwest of the town of Huntington, Utah. 

Portions of the proposed road improvements traverse the eastern 

boundary of the Boulger-Black Canyon Inventoried Roadless Area.



Purpose and Need



    The proponent's purpose for this exploration project is to assess 

the economic recoverability of its lease holdings. The proposed 

drilling program would provide geologic data necessary to assess oil 

and gas potential within Federal Oil and Gas Lease(s) UTU-78416 and 

UTU-14623. If economic quantities of oil and gas were located, further 

development would likely be proposed for recovery. Oil and gas are 

needed to meet future energy demands of the state and nation.

    The Forest Service's purpose and need is to evaluate the 

environmental effects of the Surface Use Plan contained within the APD 

in accordance with the Manti-La Sal Land and Resource Management (Plan 

Forest) Plan management direction (page III-12). The decision must be 

consistent with the rights granted by the oil and gas leases, 

applicable laws, and Forest Plan direction.



Proposed Action



    The proponent's proposed action is to drill the wells and if 

possible, produce and market natural gas at a profit consistent with 

the right granted by Federal Oil and Gas Leases UTU-78416 and UTU-

14623.

    The proposed action is for the Manti-La Sal Nation Forest to 

authorize Fortuna US to construct/reconstruct the roads and occupancy 

National Forest System land in order to drill two exploration holes 

within Federal Leases UTU-78416 and UTU-14623, consistent with their 

lease rights, applicable laws and regulation, and Forest Plan direction 

for management of the National Forest System lands. Authorization would 

be granted by approval of the Surface Use Plan of Operation. A Forest 

Service Road-Use Permit would also be needed to authorize commercial 

use of the Forest Service Roads. Additional mitigation and monitoring 

may be deemed necessary by the Forest Service to minimize environmental 

effects.



Public Participation



    The Forest Service is seeking information and comments from 

Federal, State, and local agencies as well as individuals and 

organizations that may be interested in, or affected by, the proposed 

action. The agency invites written comments regarding potential issues 

and alternatives related to the proposed action and the area being 

analyzed. Information received will be used to prepare the Draft and 

Final EIS and considered in making agency decisions.

    The EIS and Record of Decision (ROD) will tier to the Final EIS and 

ROD for the Manti-La Sal Nation Forest Land and Resource Management 

Plan (Forest Plan), 1986, as amended, by the 1994 Record of Decision 

for Oil and Gas Leasing on Lands Administered by the Manti-La Sal 

Nation Forest.



[[Page 12662]]



    Draft preliminary issues include effects to wildlife, visual 

quality, roadless character, and dispersed recreation use of Upper 

Joe's Valley, Middle Mountain, Lower Water areas.

    Agency representatives and other interested people are invited to 

visit with Forest Service and BLM officials at any time during the EIS 

process. Two specific time periods are identified for the receipt of 

formal comments on the analysis. The two comment periods are, (1) 

during the scoping process, the next 30 days following publication of 

this Notice in the Federal Register, and (2) during the formal review 

period of the Draft EIS.

    The Draft EIS is estimated to be filed with the Environmental 

Protection Agency (EPA) and available for public review in June 2003. 

At that time the EPA will publish an availability in the Federal 

Register. The comment period on the Draft EIS will be 45 days from the 

date that EPA's notice of availability appears in the Federal Register. 

The Final EIS is expected to be released in August 2003.

    The Forest Service believes, at this early stage, it is important 

to give reviewers notice of several court rulings related to public 

participation 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, 

533 (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. City of Angoon v. Hodel, 803 F.2d 

1016, 1022 (9th Cir. 1986) and 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 issues 

and concerns on the proposed action, comments on the draft 

environmental impact statement should be as specific as possible. It is 

also helpful if comments refer to specific pages or chapters of the 

draft statement. Comments may also address the adequacy of the draft 

environmental impact statement or the merits of the alternatives 

formulated and discussed in the statement. Reviewers may wish to refer 

to the Council on Environmental Quality Regulations for implementing 

the procedural provisions of the National Environmental Policy Act at 

40 CFR 1503.3 in addressing these points.



    Authority: (Mineral Leasing Act of February 25, 1920 (Pub. L. 

66-146, 41 Stat. 437, as amended; 30 U.S.C. 181-287)).



    Dated: March 11, 2003.

Aaron L. Howe,

Acting Forest Supervisor, Manti-La Sal Nation Forest.

[FR Doc. 03-6267 Filed 3-14-03; 8:45 am]



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