Sagebrush Habitat Fragmentation Draft

Sagebrush Habitat Fragmentation Proposal

Little Snake RMP Cooperating Agencies

04/20/06

Lands managed by the Little Snake Field Office (LSFO) are unique in Colorado in the acreage and spatial extent of big sagebrush ecosystems, in particular the presence of a number of large, generally un-fragmented patches. These sagebrush systems support the largest greater sage-grouse and big game (mule deer, pronghorn antelope, and elk) populations in the state and also provide the best areas statewide for long-term maintenance of a wide variety of other bird, mammal and reptile species that occupy sagebrush areas (sagebrush obligate and facultative wildlife).

Cooperating agencies and Northwest Colorado Stewardship (NWCOS) have discussed at length the desire to maintain functional sagebrush ecosystems where they occur across the LSFO. Our working definition of functionality in sagebrush ecosystems includes:

Maintaining productive ecosystems that operate within the range of natural variability for the site, where water, soil mineral and successional cycles operate correctly, and where productive populations of sagebrush community plants and dependent wildlife are present. Functional sagebrush communities include the full range of seral stages; ranging from areas of grasslands, including wet meadows, to areas of high density mature sagebrush.

Current language in the draft RMP specifies that maintenance of large patches of sagebrush communities is a key vegetative goal, but does not define the size, number, arrangement or location of such patches. The attached map represents priority sagebrush communities that the cooperating agencies recommend receive additional protection beyond that provided by Alternative C in the Little Snake Resource Management Plan (RMP). The existing RMP offers protection of wildlife values from ground disturbing activities (i.e. oil and gas development) through imposition of timing restrictions to reduce impacts to wildlife during portions of the year during which they are particularly sensitive. Timing restrictions can be effective in reducing or eliminating disturbance to wildlife during the year of construction, but provide relatively little long-term assurance that the habitat required to sustain that wildlife will remain intact enough to function properly.

Although we acknowledge several ground disturbing activities other than oil and gas development occur in the LSFO, such as off-highway vehicle (OHV) travel and building of rangeland improvements (i.e. stock dams, handling facilities, etc), we believe them to be substantially addressed throughout the existing Draft RMP. For example, virtually all OHV routes have been changed from ‘open’ to ‘limited’ management, and for the most part range improvements are approved based on criteria for improving overall ‘range health’.

This proposal describes an approach to control fragmentation created by industrial development (specifically oil and gas development) in certain identified key sagebrush areas within the LSFO while development occurs in the LSFO. This proposal applies to sagebrush areas in the LSFO which are located within 4 miles of a sage grouse lek site and eight designated large patches of sagebrush habitat. There is considerable overlap between the four mile lek buffers and the sagebrush patches. The attached map shows both types of areas. The four mile radius areas are based on known sage grouse lek sites, but are intended to be flexible in the RMP, so that new sites discovered during the life of the RMP will also be included. The additional sagebrush areas were identified for a number of reasons, including:

A high proportion of federal surface and/or subsurface mineral ownership
Distributed across as many of the greater sage-grouse management zones identified in the NW Colorado SG Plan as possible, consistent with the large block and federal ownership criteria
Contain a substantial number and/or particularly important sage grouse leks, nesting habitat, brood range and/or winter range
Provide important big game range (especially winter range) for mule deer, pronghorn antelope and/or elk
Contain high priority management areas for Group 1, Group 2, and Group 3 sagebrush wildlife species (obligate and facultative species) identified in Colorado Sagebrush: A Conservation and Strategy, produced for CDOW in 2005. Group 1 species include Brewer’s sparrow, sage sparrow, sage thrasher and sagebrush vole. Group 2 species include black-throated sparrow, kit fox, northern harrier and vesper sparrow. Group 3 species include green-tailed towhee, Merriam’s shrew and lark sparrow.
Large size
Areas currently un-leased for oil and gas development (where such areas exist in the LSFO) are preferred where they coincide with the resource values described above. However, the advanced state of leasing in the LSFO means that most of the described patches are already leased for oil and gas exploration and production.

While these areas do not represent all the sagebrush systems in the LSFO, effective conservation of these areas during oil and gas development and production should maintain a substantial core of habitat capable of supporting populations of greater sage-grouse, big game and sagebrush obligate wildlife while oil and gas development occurs in the LSFO.

This approach treats oil and gas development inside and outside the identified areas differently.

Outside the identified areas, oil and gas development would proceed as currently described in the draft RMP, with currently described timing and NSO restrictions applying, subject to the exception and waiver criteria described in the RMP.

Inside the identified areas, the intent is to limit surface spacing of facilities to an average effect of 1 per 160 acres as a general rule. Operations which desire to exceed 160 acre surface spacing (i.e. 80 acre) would be required to demonstrate the geologic necessity of tighter surface spacing and would be expected to meet a substantially higher fragmentation and mitigation standard than those which remain at or below 160 acre surface spacing. This proposal retains the option to surface clustering of wells where geologic conditions necessitate.

In addition to the surface spacing limitation, no more than 5% of each lease or unit will be disturbed at any time, on a rolling reclamation basis. Operators would be required to provide proof of establishment of desired native or other described desired plant community on disturbed areas before the areas will be considered reclaimed, and the acreage available again in the rolling reclamation system. Surface disturbance includes pads, roads, pipelines, and all other new exploration and production facilities. The 5% disturbance level assumes that an average of 8 acres of disturbance, including associated roads and pipelines, will result from each pad. Operators will also be required to submit pre-planning documents once a certain minimum number of exploratory wells are completed to define the reservoir that describe measures that will be implemented to minimize the surface disturbance and habitat fragmentation arising from the development.

This proposal seeks to balance the 160 acre surface spacing target and the 5% maximum surface disturbance requirement to achieve the best parts of both and avoid the negative consequences of each. The 5% maximum surface disturbance is the guiding parameter. More than 1 facility per 160 acres is allowed only where more than 80 acres in the 160 acre tract remains unfragmented and the 5% maximum surface disturbance is not exceeded, notwithstanding the ability to cluster wells as described above.

This approach would become a lease term in all new leases within four mile radius or large patch areas issued by the LSFO under the new RMP. Thus, the approach would become mandatory in any new lease areas. In areas that are already leased (the vast majority of the federal surface and subsurface ownership within four mile radius areas and large patches is already leased), operators would be encouraged to implement this approach. Operators that adhere to the 160 acre surface spacing (unless modified by geologic necessity), 5% surface disturbance, pre-planning of facilities with BLM and measures to minimize fragmentation and surface disturbance would gain the ability to develop the lease year-around. That is, the big game winter range and sage grouse breeding and nesting timing restrictions would be excepted for these operations as an incentive for current lease holders to follow this approach. The adaptive management approach that operates throughout the RMP would remain active in this arena also. If adaptive management monitoring determined that the surface spacing agreements, waiver of timing stipulations, etc. did not produce the desired effect, they would be adjusted or re-instated through the adaptive management process. The ¼ mile NSO stipulation around sage grouse leks would remain in effect, unless adaptive management demonstrated the need for adjustment.

SUMMARY / SPECIFICS OF COOPERATORS RECOMMENDATION:

Wildlife Timing Restriction Waiver: Operations which follow this proposal would be excepted from big game winter range and sage grouse breeding and nesting timing restrictions, allowing year-around drilling in these areas. The proposal to except big game winter and sage grouse breeding and nesting timing restrictions are specific to the Little Snake RMP. They should not be interpreted as appropriate in any other area in northwest Colorado or elsewhere in the state without specific evaluation in any other area. Any proposal for easing wildlife timing restrictions should only be considered when such proposal would result in a net positive impact to wildlife in the area under consideration.
Adaptive Management: This process would operate within the broader adaptive management approach incorporated in the RMP. The following recommendations may be modified as new and better science becomes available. Nevertheless these recommendations provide a starting point for the RMP until Adaptive Management produces better information.
Exploratory Wells: Each lease holder would be entitled to up to three exploratory wells on a lease, subject to general RMP requirements, including appropriate wildlife timing stipulations.
Pre-Plans: Once the three wells are in place, an operator would need to prepare a pre-plan describing the next phase of development (full development if possible or the remainder of the exploratory program), including well placement and transportation planning (roads and pipelines) for the lease. For large or complex leases, two layers of development plans may be appropriate: one to describe additional necessary exploratory wells and the second to describe field development. These may be prepared at different times, but each should demonstrate substantial habitat protection consistent with the structure of this proposal. Development plans would demonstrate significant control of fragmentation in a number of ways, including:

Reducing surface spacing/density of facilities (this proposal deals with SURFACE spacing only and does not presume to infringe on the Colorado Oil and Gas Conservation Commission’s authority to set downhole spacing)
Reducing road density/pipeline density
Focusing development near existing rights of way
Clustering facilities, including the use of directional drilling where feasible
Reducing traffic through field road management, remote telemetry of wells, piping of produced fluids rather than trucking, etc
Use of new technologies, including surface mats, self-contained rigs, limited impact drilling (e.g. small roads, small pads, etc)
Mandatory acceptance of BMPs described as optional in the RMP

5% Disturbance and 160 Acre Surface Spacing Goals: This proposal limits development to 160 acre surface spacing of facilities and a maximum surface disturbance of 5% of each participating lease or unit within identified sagebrush areas at any time. It is intended to apply to both federal surface and federal mineral estates. Where private surface is underlain by federal minerals, this proposal would apply unless the surface landowner objects. Private and state mineral owners within the area would also be encouraged to participate, outside the federal process. The 5% disturbance level assumes that an average of 8 acres of disturbance will result from each site. Operators would be encouraged (where already leased) or required (where not leased yet) to implement measures designed to minimize the fragmentation of habitat.

Less than 160 acre Option: Operations which must exceed 160 acre spacing (i.e. 80 acre, etc) would be expected to meet a substantially higher fragmentation standard than those which remain at or below 160 acre spacing and would be subject to existing sage grouse and big game timing stipulations. BLM and industry joint staff review and recommendation would be expected for less than 160 acre surface spacing. Geologic or ecological reasoning for less than 160 acre spacing would be part of the joint recommendation.
Rolling Reclamation: As reclamation occurs, reclaimed areas are removed from the 5% and 160 acre disturbance totals and made available for new development. Reclamation is defined as proof of re-establishment of desired native vegetation or other defined desired plant communities.
Area affected: The cooperators propose that these recommendations apply to the mapped priority sagebrush areas as well as within a four-mile radius of sage grouse leks (see attached map).
Required vs. Voluntary: The above listed criteria would be required on new leases within the affected area and would be voluntary on existing leases.

The Cooperating Agencies realize there are several details to work out regarding the practicality of the above recommendations, which we will depend upon BLM and Industry expertise to guide. Nevertheless, this document provides an intent or suggested direction the cooperators feel will adequately address fragmentation, yet still provide for the energy needs of our nation.