United States Department of the Interior Bureau of Land Management

BLM

Environmental Assessment DOI-BLM-NM-P020-2017-0264-EA

Cimarex Energy Co. Lease No. NMNM110348 Davinci 7-18 Fed Com 6H Davinci 7-18 CTB

U.S. Department of the Interior Bureau of Land Management Pecos District Carlsbad Field Office 620 E Greene Street Carlsbad, NM 88220 Phone: (575) 234-5972 FAX: (575) 885-9264

Field Office Carlsbad

Confidentiality Policy Any comments, including names and street addresses of respondents, you submit may be made available for public review. Individual respondents may request confidentiality. If you wish to withhold your name or street address from public review or from disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your written comment. Such requests will be honored to the extent allowed by law. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public inspection in their entirety.

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TABLE OF CONTENTS

1. Purpose and Need for Action ...... 3 1.1. Background ...... 3 1.2. Purpose and Need for Action ...... 3 1.3. Decision to be Made ...... 3 1.4. Conformance with Applicable Land Use Plan(s) ...... 3 1.5. Relationship to Statutes, Regulations or Other Plans ...... 4 1.6. Scoping, Public Involvement, and Issues ...... 4 2. Proposed Action and Alternative(s) ...... 6 2.1. Proposed Action...... 6 2.2. No Action ...... 35 2.3. Alternatives Considered but Eliminated from Detailed Study ...... 35 3. Affected Environment and Environmental Consequences ...... 36 3.1. Air Resources ...... 36 3.2. Range ...... 40 3.3. Soils ...... 41 3.4. Vegetation ...... 42 3.5. Visual Resource Management ...... 43 3.6. Wildlife ...... 43 3.7. Noxious Weeds and Invasive Plants ...... 45 3.8. Cultural and Historical Resources ...... 45 3.9. Paleontology ...... 46 3.10. Karst Resources ...... 47 3.11. Watershed ...... 50 3.12. Cumulative Impacts ...... 51 4. Supporting Information ...... 52 4.1. List of Preparers ...... 52 4.2. References ...... 52

2 1. PURPOSE AND NEED FOR ACTION 1.1. Background Cimarex Energy Co. (Cimarex) has applied for a permit to drill one horizontal oil well from a new multi- well pad (anticipating 8 wells) to be constructed on federal surface approximately 6.22 miles southeast of White’s City, NM. In the application, Cimarex is also applying to construct access roads and buried pipelines for the proposed well, and a central tank battery with access roads, buried pipelines, a surface line, and an electric line. The location of the proposed well is as follows:

Davinci 7-18 Fed Com 6H: Surface Hole Location: 350’ FSL & 1190’ FWL, Section 6, T. 25 S., R. 27 E. Bottom Hole Location: 330’ FSL & 250’ FWL, Section 18, T. 25 S., R. 27 E.

Preparing Office: Pecos District, Carlsbad Field Office 620 East Greene Street Carlsbad, NM 88220

1.2. Purpose and Need for Action The purpose for the action is to provide the Cimarex with reasonable access to develop a federal oil and gas lease.

The need for the action is established by BLM’s responsibility under the Mineral Leasing Act of 1920 as amended, the Mining and Minerals Policy Act of 1970, the Federal Land Policy and Management Act of 1976, the National Materials and Minerals Policy, Research and Development Act of 1980 and the Federal Onshore Oil and Gas Leasing Reform Act of 1987 to allow reasonable access to develop a federal oil and gas lease. 1.3. Decision to be Made The BLM will decide whether or not to approve the application for permit to drill, and if so, under what terms and conditions. 1.4. Conformance with Applicable Land Use Plan(s) The 1988 Carlsbad Resource Management Plan, as amended by the 1997 Carlsbad Approved Resource Management Plan Amendment has been reviewed, and it has been determined that the proposed action conforms with the land use plan terms and conditions as required by 43 CFR 1610.5.

Name of Plan: 1997 Carlsbad Approved Resource Management Plan Amendment

Date Approved: October 1997

Decision: [Page 4] “Approximately 3,907,700 acres (95 percent of the oil and gas mineral estate) will be open to leasing and development under the BLM’s standard terms and conditions, the Surface Use and Occupancy Requirements (Appendix 1), the Roswell District Conditions of Approval (Appendix 2), and the Practices for Oil and Gas Drilling and Operations in Cave and Karst Areas (Appendix 3).” The proposed well lies within the 95 percent of oil and gas mineral estate open to development and complies with the Surface Use and Occupancy Requirements.

3 1.5. Relationship to Statutes, Regulations or Other Plans The following is a list of statutes that may apply to a proposed action:  Archaeological and Historic Preservation Act of 1974 (16 USC 469) - Provides for the preservation of historical and archeological data (including relics and specimens) which might otherwise be irreparably lost or destroyed as the result of (1) flooding, the building of access roads, the erection of workmen's communities, the relocation of railroads and highways, and other alterations of the terrain caused by the construction of a dam by any agency of the United States, or by any private person or corporation holding a license issued by any such agency or (2) any alteration of the terrain caused as a result of any Federal construction project or federally licensed activity or program.  Archaeological Resources Protection Act of 1979, as amended (16 USC 470 et seq.) - Secures, for the present and future benefit of the American people, the protection of archaeological resources and sites which are on public lands and Indian lands, and to foster increased cooperation and exchange of information between governmental authorities, the professional archaeological community, and private individuals.  Clean Air Act of 1970, as amended (42 USC 7401 et seq.) - Defines EPA's responsibilities for protecting and improving the nation's air quality and the stratospheric ozone layer.  Clean Water Act of 1977, as amended (30 USC 1251) - Establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters.  Endangered Species Act of 1973 (16 USC 1531 et seq.) - Protects critically imperiled species from extinction as a consequence of economic growth and development untempered by adequate concern and conservation.  Federal Cave Resources Protection Act of 1988 (16 USC 4301 et seq.) - Protects significant caves on federal lands by identifying their location, regulating their use, requiring permits for removal of their resources, and prohibiting destructive acts.  Lechuguilla Cave Protection Act of 1993 - Protects Lechuguilla Cave and other resources and values in and adjacent to Carlsbad Caverns National Park.  Migratory Bird Treaty Act of 1918 (16 USC 703-712) - Implements the convention for the protection of migratory birds.  Mining and Mineral Policy Act of 1970, as amended (30 USC 21) - Fosters and encourages private enterprise in the development of economically sound and stable industries, and in the orderly and economic development of domestic resources to help assure satisfaction of industrial, security, and environmental needs.  National American Graves Protection and Repatriation Act of 1990 (25 USC 301) - Provides a process for museums and Federal agencies to return certain Native American cultural items such as human remains, funerary objects, sacred objects, or objects of cultural patrimony to lineal descendants, and culturally affiliated Indian tribes and Native Hawaiian organizations and includes provisions for unclaimed and culturally unidentifiable Native American cultural items, intentional and inadvertent discovery of Native American cultural items on Federal and tribal lands, and penalties for noncompliance and illegal trafficking.  National Historic Preservation Act of 1966, as amended (16 USC 470) - Preserves historical and archaeological sites.  Wild and Scenic Rivers Act of 1968, as amended (16 USC 1271 et seq.) - Preserves certain rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations.  Wilderness Act of 1964 (16 USC 1131 et seq.) - Secures for the American people of present and future generations the benefits of an enduring resource of wilderness.

1.6. Scoping, Public Involvement, and Issues The Carlsbad Field Office (CFO) publishes a NEPA log for public inspection. This log contains a list of proposed and approved actions in the field office. The log is located in the lobby of the CFO as well as on the BLM New Mexico website (http://www.blm.gov/nm/st/en/prog/planning/nepa_logs.html).

The CFO uses Geographic Information Systems (GIS) in order to identify resources that may be affected by the proposed action. A map of the project area is prepared to display the resources in the area and to identify potential issues.

The proposed action was circulated among CFO resource specialists in order to identify any issues associated with the project. The issues that were raised include:

 How would air quality be impacted by the proposed action?  How would climate change be impacted by the proposed action?  How would range management be impacted by the proposed action?  How would soils be impacted by the proposed action?  How would wildlife habitat be impacted by the proposed action?  How would vegetation be impacted by the proposed action?  How would visual resources be impacted by the proposed action?  Could noxious weeds be introduced to the project area as a result of the proposed action?  How would cultural resources be impacted by the proposed action?  How would paleontological resources be impacted by the proposed action?  How would karst resources be impacted by the proposed action?  How would watershed resources be impacted by the proposed action?

5 2. PROPOSED ACTION AND ALTERNATIVE(S) 2.1. Proposed Action The BLM Carlsbad Field Office is proposing to allow Cimarex to drill a horizontal oil well. In order to drill the proposed well with a closed loop system, a surfaced well pad would be needed. Cimarex would strip the available topsoil from the well pad area and stockpile it adjacent to the well pad edge on the north side. Subsoil would be removed and stockpiled within the surveyed well pad site. If caliche is found, material would be stockpiled within the pad site to build the location and road. The well site would then be leveled and surfaced with mineral material, typically the caliche. In the event no caliche is found onsite, caliche would be hauled in by trucks from a BLM approved caliche pit or other established mineral pit. The nearest known caliche pit is 1.22 miles away from the proposed project in Section 12-Township 25S-Range 26E.

Cimarex would also install a 3-foot-high berm and a diversion ditch around the northeast corner of the well pad to control surface water runoff during construction and operation of the well location.

The proposed well would be drilled using a combination of water mud systems. Fresh water would be obtained from commercial water stations in the area and hauled to location by transport truck using the existing and proposed roads described below. On occasion, water may be obtained from pre-existing water wells, running a pump directly to the drill rig. In cases where a poly pipeline is used to transport water for drilling purposes, proper authorizations would be secured.

Cimarex would take about 30 days to drill a proposed well. Interim reclamation would not be performed for this location. It is likely that the proposed well would be drilled within four years. Cimarex anticipates starting construction in 2017 for the Davinci 7-18 Federal Com 6H well location.

Davinci 7-18 Fed Com 6H:

Figure 1: Survey plat of proposed Well Location

Proposed Access Roads: Cimarex would need to construct about 331.57 feet of roads to access the well. One access road would exit the southeast corner of the well location and travel southeast for about 148.23 feet until it would intercept an existing lease road. Cimarex would reroute an existing lease road around the southwest corner of the proposed pad. The re-route would begin at the existing road near the southwest corner of the pad, turn southwest and travel for about 62.54 feet. The road would turn northwest and travel for about 120.80 feet until it would intercept the lease road at the southeast corner of the existing Scoter 6 Fed 5H well pad. The new roads would be constructed 14 feet in width, crowned and ditched and surfaced with mineral material (caliche), spread and compacted by a maintainer. Caliche would be obtained from the well site or from a BLM approved pit, as described above. No turnouts would be needed. The disturbance width for construction would be about 30 feet. The road would be maintained, and said maintenance would continue until final abandonment and reclamation of this location.

Figure 2: Survey plat of proposed Access Roads

9 Proposed Buried Pipelines: Cimarex plans to install two 4” HP buried steel flowlines in the same right-of-way for gas lift (MAOP 1500 psi, anticipated working pressure 1100 psi) and production (MAOP 1500 psi, anticipated working pressure 200-300 psi) from the proposed well to the proposed Davinci 7-18 Federal Battery. The initial step of pipeline construction consists of preparing the ROW. If necessary, survey stakes may need to be re- established. The staked ROW would then be cleared and graded to provide a smooth and even work surface. The next step involves digging the trench to accommodate the buried pipeline. To accommodate laying the pipeline within the contours of the trench, a machine is used to bend the pipe to fit the trench contour. The pipe is then cribbed up (typically using wood blocks) to keep it off the ground so the joints can be welded together. The welders use ¾ to one-ton trucks with mounted welding machines to drive from one joint to the next. Once welding is complete, the joints are tested to ensure they meet or exceed quality requirements. While pipe often comes pre-coated to prevent corrosion, an additional coating would be applied to the areas that were welded. Once welding and coating are completed, track driven side boom caterpillar tractors drive along the ROW to lower the pipe into the trench. After the pipe is in the trench, a motor grader or caterpillar would be used to push the excavated dirt back into the trench. The backfill is then compacted utilizing wheeled equipment (like the grader) to minimize settling. Once the main line is in place, ancillary facilities like pig launchers, side taps, and meter stations are installed. The final step involves testing the pipeline with water (hydrostatic testing). The pipe is tested to a pressure higher than what it will be operated at on a day-to-day basis.

Buried Gas Lift and Production Flowlines The gas lift pipeline would exit off the east side of the well location and travel east for about 20.07 feet. The pipeline would turn south and travel for about 160.01 feet. The pipeline would turn southeast and travel for about 193.25 feet along the proposed southeast corner access road. The pipeline would turn southwest and travel for about 622.47 feet. The pipeline would turn southeast and travel for about 398.71 feet. The pipeline would turn southwest and travel for about 379.99 feet until it would intercept the lease tank battery. The production flowline would share the same trench, exit off the east side of the well location, and travel east for about 20.07 feet. The pipeline would turn south and travel for about 160.01 feet. The pipeline would turn southeast and travel for about 193.25 feet along the proposed southeast corner access road. The pipeline would turn southwest and travel for about 622.47 feet. The pipeline would turn southeast and travel for about 383.89 feet. The pipeline would turn southwest and travel for about 380.00 feet until it would intercept the lease tank battery. When the pipelines would follow existing roads, the pipelines would be routed 10 feet from and parallel to the existing roads.

Figure 3: Survey plat of proposed Buried Gas Lift Flowline (1 of 2)

Figure 4: Survey plat of proposed Buried Gas Lift Flowline (2 of 2)

Figure 5: Survey plat of proposed Buried Production Flowline (1 of 2)

Figure 6: Survey plat of proposed Buried Production Flowline (2 of 2)

Figure 7: Photo of proposed site to the North

Figure 8: Photo of proposed site to the East

Figure 9: Photo of proposed site to the South

Figure 10: Photo of proposed site to the West

Action Length (ft.) Width (ft.) Acres Well Pad 500 500 5.74 Well Pad Topsoil Stockpile 500 30 0.34 Roads 331.57 30 0.23 Buried Pipelines 1,759.69 30 1.21 Total - - 7.52

Davinci 7-18 Federal Battery:

Cimarex plans to construct an off-site central tank battery to service the well. The battery would be 400 x 400 feet. Topsoil would be stockpiled on the south side of the battery location. Production from the Davinci 7-18 Fed Com 6H, 7H, 8H, 9H, 10H, 11H, 12H, and 13H wells would be sent to this central production facility.

Figure 11: Survey plat of proposed Tank Battery

18 Proposed Access Roads: Cimarex would need to construct about 99.66 feet of roads to access the well. One access road would exit the northeast corner of the proposed well location and travel southeast for about 49.81 feet until it would intercept Old Cavern Highway. A second road would exit the southeast corner of the well location and travel southeast for about 49.85 feet until it would intercept Old Cavern Highway. The new roads would be constructed 14 feet in width, crowned and ditched and surfaced with mineral material (caliche), spread and compacted by a maintainer. Caliche would be obtained from the well site or from a BLM approved pit, as described above. No turnouts would be needed. The disturbance width for construction would be about 30 feet. The road would be maintained, and said maintenance would continue until final abandonment and reclamation of this location.

Figure 12: Survey plat of proposed Access Roads

20 Proposed Buried & Surface Pipelines: Cimarex plans to install a buried 4” steel gas lift buyback pipeline (MAOP 1440 psi, anticipated working pressure 1100 psi) and two buried gas sales pipelines (12” LP steel and 8” HP steel) in the same right-of- way. The 12” LP steel pipeline would have a MAOP of 1440 psi, anticipated working pressure 300 psi. The 8” HP steel pipeline would have a MAOP of 1440 psi, anticipated working pressure of 1100 psi. Two saltwater disposal lines (one buried 12” and one surface 4”) would also partially share the right-of-way. These pipelines would travel from the proposed tank battery to their respective tie-in points on the proposed Marquardt 12-13 Federal Battery Pipelines. The initial step of pipeline construction consists of preparing the ROW. If necessary, survey stakes may need to be re-established. The staked ROW would then be cleared and graded to provide a smooth and even work surface. The next step involves digging the trench to accommodate the buried pipeline. To accommodate laying the pipeline within the contours of the trench, a machine is used to bend the pipe to fit the trench contour. The pipe is then cribbed up (typically using wood blocks) to keep it off the ground so the joints can be welded together. The welders use ¾ to one-ton trucks with mounted welding machines to drive from one joint to the next. Once welding is complete, the joints are tested to ensure they meet or exceed quality requirements. While pipe often comes pre-coated to prevent corrosion, an additional coating would be applied to the areas that were welded. Once welding and coating are completed, track driven side boom caterpillar tractors drive along the ROW to lower the pipe into the trench. After the pipe is in the trench, a motor grader or caterpillar would be used to push the excavated dirt back into the trench. The backfill is then compacted utilizing wheeled equipment (like the grader) to minimize settling. Once the main line is in place, ancillary facilities like pig launchers, side taps, and meter stations are installed. The final step involves testing the pipeline with water (hydrostatic testing). The pipe is tested to a pressure higher than what it will be operated at on a day-to-day basis.

4” Buried Steel Gas Lift Buyback Line The 4” steel gas lift buyback pipeline would exit off the southeast corner of the battery and travel southwest for about 94.94 feet along an existing lease road. The pipeline would turn northwest and travel for about 1,812.38 feet. The pipeline would turn southwest and travel for about 1,435.91 feet until it would intercept the tie-in point on the proposed Marquardt 12-13 Federal Battery gas lift pipeline. When the pipeline would follow existing roads, the pipeline would be routed 10 feet from and parallel to the existing roads.

Figure 13: Survey plat of proposed Buried Gas Lift Buyback Pipeline (1 of 2)

Figure 14: Survey plat of proposed Buried Gas Lift Buyback Pipeline (2 of 2)

23 12” and 8” Buried Steel Gas Sales Pipelines The 12” and 8” steel gas sales pipelines would exit off the southeast corner of the proposed battery and travel southwest for about 110.07 feet along an existing lease road. The pipelines would turn northwest and travel for about 1,809.62 feet. The pipelines would turn southwest and travel for about 1,418.55 feet until they would intercept the tie-in point on the proposed Marquardt 12-13 Federal Battery Gas Sales Pipeline. When the pipelines would follow existing roads, the pipelines would be routed 10 feet from and parallel to the existing roads.

Figure 15: Survey plat of proposed Buried Gas Sales Pipelines (1 of 2)

Figure 16: Survey plat of proposed Buried Gas Sales Pipelines (2 of 2)

26 12” Buried SWD and 4” Surface SWD Pipelines The 12” buried and 4” surface poly saltwater disposal pipelines (MAOP 125 psi, anticipated working pressure 110 psi) would share the right-of-way with the gas lift and gas sales pipelines, exit off the southeast corner of the proposed battery and travel southwest for about 80.02 feet along an existing lease road. The pipelines would turn northwest and travel for about 1,816.14 feet. The pipelines would turn southwest and travel for about 1,435.91 feet. From this point, the SWD pipelines would travel in a separate right-of-way and continue southwest for about 1,495.95 feet until they would intercept the tie-in point on the proposed Marquardt 12-13 Federal Battery SWD pipeline. When the pipelines would follow existing roads, the pipelines would be routed 20-30 feet from and parallel to the existing roads.

Figure 17: Survey plat of proposed Buried and Surface SWD Pipelines (1 of 2)

Figure 18: Survey plat of proposed Buried and Surface SWD Pipelines (2 of 2)

29 Proposed Overhead Electric Line: Cimarex plans to install a 12.7 kV, 4 wire, 3 phase overhead electric line from the proposed battery to an existing overhead electric line located in the NW¼NE¼ of Section 12, Township 25S and Range 26E that would be approximately 5,123.91 feet in length, with 1-40 poles. Large brush or mesquite would be cleared from the powerline route if they inhibit construction equipment. Once brush or mesquite trees are removed (if allowed) from the route, poles would be delivered to the work site on flatbed trailers pulled by trucks. Holes would be dug into which the poles are set. This is usually accomplished using truck mounted hydraulic augers. A mobile crane or picker truck would then be used to install the poles. The wooden poles would be directly embedded into the ground, backfilled and tamped. Anchors or guy poles may be required at angles and dead ends to maintain the integrity of the powerline. When this occurs, anchors may be slightly outside of the 30-foot wide construction area. The height of each pole averages 30 to 40 feet. Poles are typically spaced approximately 250 to 300 feet apart. Conductors (wires) would then be pulled from pole to pole and attached to porcelain or fiberglass insulators on the pole. While most distribution lines do not require any blading of the route, where it is allowed, any disturbed areas would be restored and reseeded according to stipulations in the BLM authorization at the end of construction.

The proposed electric line would be about 5,123.91 feet in length. The electric line would exit off the north side of the battery location and travel northeast for about 74.99 feet. The electric line would turn northwest and travel for about 305.00 feet. The electric line would turn southwest and travel for about 657.62 feet. The electric line would turn northwest and travel for about 1,318.64 feet. The electric line would turn southwest and travel for about 1,513.41 feet. The electric line would turn north and travel for about 994.86 feet. The electric line would turn west and travel for about 184.43 feet. The electric line would turn north and travel for about 74.96 feet until it would intercept the existing electric line. When the electric line would follow existing roads, the electric line would be routed 20 feet from and parallel to the existing roads.

Figure 19: Survey plat of proposed Electric Line (1 of 2)

Figure 20: Survey plat of proposed Electric Line (2 of 2)

Figure 21: Photo of proposed battery site to the North

Figure 22: Photo of proposed battery site to the East

Figure 23: Photo of proposed battery site to the South

Figure 24: Photo of proposed battery site to the West

34 Action Length (ft.) Width (ft.) Acres Tank Battery Pad 400 400 3.67 Well Pad Topsoil Stockpile 343 30 0.24 Roads 99.66 30 0.07 Buried Pipelines 4,839.18 30 3.33 Overhead Electric Line 5,123.91 30 3.53 Total - - 10.84

Proposed Action Total Surface Disturbance: Total 18.36 Acres

Mitigation Measures: The Pecos District Conditions of Approval including special requirements for drilling in a high karst area and for protecting the watershed. 2.2. No Action Under this alternative, The BLM NEPA Handbook (H-1790-1) states that for Environmental Assessments (EAs) on externally initiated proposed actions, the No Action Alternative generally means that the proposed activity will not take place. This option is provided in 43 CFR 3162.3-1 (h) (2). This alternative would deny the approval of the proposed application, and the current land and resource uses would continue to occur in the proposed project area. No mitigation measures would be required. 2.3. Alternatives Considered but Eliminated from Detailed Study During the onsite examination the well location was moved to avoid excessive surface disturbance and the tank battery was moved 150 feet south to avoid a hill.

Field investigation of all areas of proposed surface disturbance for the Proposed Action were inspected to ensure that potential impacts to natural and cultural resources would be minimized through the implementation of mitigation measures. These measures are described for all resources potentially impacted in Chapter 3 of this EA. Therefore, no additional alternative other than those listed above have been considered for this project.

35 3. AFFECTED ENVIRONMENT AND ENVIRONMENTAL CONSEQUENCES

During the analysis process, the interdisciplinary team considered several resources and supplemental authorities. The interdisciplinary team determined that the resources discussed below would be affected by the proposed action. 3.1. Air Resources Affected Environment The two components of air resources are air quality and climate. Much of the information referenced in this section is incorporated from the Air Resources Technical Report for Oil and Gas Development in New Mexico, Kansas, Oklahoma, and Texas (herein referred to as Air Resources Technical Report). This document summarizes the technical information related to air resources and climate change associated with oil and gas development and the methodology and assumptions used for analysis. Air Quality The Air Resources Technical Report lists the National Ambient Air Quality Standards (USDI, BLM 2013, pp.4-5), describes the types of data used for description of the existing conditions (USDI BLM, 2011, p. 5- 6) and how the pollutants are related to the activities involved in oil and gas development (USDI BLM, 2011, pp.6-14). Monitored values of criteria pollutants in the Carlsbad Field Office (CFO) are described below.

Criteria Pollutants EPA’s Green Book web page (EPA, 2012) reports that the Permian Basin is in attainment for all National Ambient Air Quality Standards (NAAQS) as defined by the Clean Air Act. The CFO recently contracted with Applied Enviro Solutions (AES) to provide an emissions inventory for the field office area, including Chaves, Eddy and Lea Counties (AES, 2011). This information is more recent than that available from EPA’s most recent emissions inventory and is specific to the field office area. Table 1 shows monitored design values for ozone for the recent past in the CFO. Design values are the concentrations of air pollution at a specific monitoring site that can be compared to the NAAQS. Monitored design values for the other criteria pollutants are shown in Error! Reference source not found.. There is no monitoring conducted for lead and carbon monoxide (CO) in southeastern New Mexico; however, concentrations of these pollutants are expected to be low in rural areas and are therefore not monitored. The New Mexico Environment Department discontinued monitoring for SO2 in Eddy County due to very low monitored concentrations. Monitoring data for PM10 and PM2.5 in southeastern New Mexico are not available due to incomplete data collection.

Table 1. Ozone Monitored Design Values for the Carlsbad Field Office Area (ppm) Site 2006-2008 2007-2009 2008-2010 2009-2011 NAAQS Hobbs (Lea County) 0.068 0.063 0.059 0.061 0.075 Carlsbad-Artesia (Eddy 0.069 0.066 0.067 0.069 0.075 County) Source: AES, 2011 EPA, 2013

Hazardous Air Pollutants The Air Resources Technical Report discusses the relevance of hazardous air pollutants (HAPs) to oil and gas development and the particular HAPs that are regulated in relation to these activities (USDI BLM 2013, pp. 11-13). The EPA conducts a periodic National Air Toxics Assessment (NATA) that quantifies HAP impacts by county in the U.S. The purpose of the NATA is to identify areas where HAP emissions result in high health risks and further emissions reduction strategies are necessary. A review of the results

36 of the 2005 NATA shows that cancer, neurological, and respiratory risks in Chaves, Eddy and Lea Counties are generally lower than statewide and national levels (EPA, 2013).

Table 2. 2011 Design Concentrations of Criteria pollutants in Lea and Eddy counties (EPA, 2012) Pollutant Design Value Averaging period NAAQS NMAAQS 1 O3 0.069 ppm (Lea County) 8-hour 0.075 ppm 0.061 ppm (Eddy County)

NO2 6 ppb (Lea County) Annual 53 ppb 50 ppb 3 ppb (Eddy County) 2 NO2 42 ppb 1-hour 100 ppb 1 Annual fourth-highest daily maximum 8-hour concentration, averaged over 3 years 2 98th percentile, averaged over 3 years Climate The planning area is located in a semiarid climate regime typified by dry windy conditions, limited rainfall, hot summers and mild winters. Summertime maximum temperatures are generally in the 90s (all temperatures are in Fahrenheit degrees) with occasional temperatures over 110. Winter minimum temperatures are generally in between 20s and 30s with extremes remaining above zero degrees. Precipitation is mainly in the form of summer thunderstorms associated with the Southwest Monsoon though occasional Pacific storms drop south into New Mexico during the winter. Table 2 shows climate normal 1981-2010 for Carlsbad.

Table 2. Climate Normals for Carlsbad, 1981-2010 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Average Temperature (oF) 42.6 47.2 54.0 62.4 71.5 79.3 81.2 79.9 73.2 62.9 51.5 42.8 Average Maximum Temperature (oF) 57.5 62.7 70.2 78.5 86.9 94.4 94.6 93.1 87.0 78.1 67.1 57.5 Average Minimum Temperature (oF) 27.6 31.7 37.9 46.2 56.0 64.3 67.7 66.6 59.4 47.7 35.8 28.0 Average Precipitation (inches) 0.47 0.54 0.51 0.64 1.17 1.53 2.01 1.83 2.11 1.16 0.81 0.63 Source: NOAA, 2011

The Air Resources Technical Report summarizes information about greenhouse gas emissions from oil and gas development and their effects on national and global climate conditions. While it is difficult to determine the spatial and temporal variability and change of climatic conditions; what is known is that increasing concentrations of GHGs are likely to accelerate the rate of climate change. Impacts from the Proposed Action Direct and Indirect Impacts Methodology and assumptions for calculating air pollutant and greenhouse gas (GHG) emissions are described in the Air Resources Technical Document (USDI BLM, 2013). This document incorporates the sections discussing the modification of calculators developed by the BLM to address emissions for one well. If more than one well is being proposed, the emissions and percentage of area emissions listed below need to be multiplied by the number of wells. The calculators give an approximation of criteria pollutant, HAP, and GHG emissions to be compared to regional and national levels (USDI BLM, 2013). Also incorporated into this document are the sections describing the assumptions that the CFO used in developing the inputs for the calculator (USDI BLM, 2013, pp.27-29).

37 Air Quality Criteria Pollutants Table 3 shows estimated emissions for criteria pollutants for a variety of activities including construction, maintenance and operations. Because the calculators are not able to estimate ozone emissions, volatile organic compounds (VOCs), a precursor to ozone, are estimated instead. Based on past development, emissions have been calculated for a maximum, minimum, and average development scenario. With the exception of operations, these emissions would be temporary and short lived.

Table 3. Criteria Pollutant Emissions Estimated for the Proposed Action Activities (tons) Well (Re) Well Annual Annual Road Construction Completion Workover Operations Maintenance Reclamation Max 2.64 0.27 0.03 1.45 0.00 0.02 PM10 Min 0.10 0.00 0.00 0.02 0.00 0.01 Avg 0.49 0.04 0.01 0.03 0.00 0.01 Max 0.74 0.00 0.01 0.21 0.00 0.00 PM2. Min 0.14 0.00 0.00 0.02 0.00 0.00 5 Avg 0.30 0.00 0.01 0.02 0.00 0.00 Max 9.46 11.67 0.22 1.14 0.00 0.00 a NOX Min 1.96 0.00 0.04 0.46 0.00 0.00 Avg 3.77 0.16 0.13 0.47 0.00 0.00 Max 0.20 3.05 0.00 0.00 0.00 0.00 SO2 Min 0.04 0.00 0.00 0.00 0.00 0.00 Avg 0.08 0.04 0.00 0.00 0.00 0.00 Max 2.61 0.08 0.08 1.35 0.00 0.00 CO Min 0.50 0.00 0.01 0.92 0.00 0.00 Avg 1.05 0.04 0.05 0.92 0.00 0.00 Max 0.74 0.04 0.02 50.02 0.00 0.00 VOC Min 0.14 0.00 0.00 3.50 0.00 0.00 Avg 0.30 0.01 0.01 4.13 0.00 0.00 a Nitrogen oxides Table 5 compares emissions from annual operations with total human-caused emissions for Chaves, Eddy and Lea Counties in 2007. Table 4. Emissions from Annual Operations Compared with Area Emissions for 2007 (tons) Project Emissions as a Annual Operations Area Emissionsa % of Area Emissions Max 1.45 78,855 0.00184 PM10 Min 0.02 78,855 0.00003 Avg 0.03 78,855 0.00004 Max 0.21 10,673 0.00197 PM2.5 Min 0.02 10,673 0.00019 Avg 0.02 10,673 0.00019 Max 1.14 44,749 0.00255 NOX Min 0.46 44,749 0.00103 Avg 0.47 44,749 0.00105 Max 0.00 61,956 0.00000 SO2 Min 0.00 61,956 0.00000 Avg 0.00 61,956 0.00000 Max 1.35 60,898 0.00222 CO Min 0.92 60,898 0.00151 Avg 0.92 60,898 0.00151 Max 50.02 15,898 0.31463 VOC Min 3.50 15,898 0.02202

38 Avg 4.13 15,898 0.02598 a AES, 2011

Hazardous Air Pollutants (HAPs) The formulas used for calculating HAPs in the calculators are very imprecise. For many processes it is assumed that emission of HAPs will be equivalent to 10% of VOC emissions. Therefore, the HAP emissions reported here should be considered a very gross estimate and likely an overestimate. The calculator estimates that a minimum of 0.22 tons/year, an average of 0.31 tons/year, and a maximum of 5.63 tons/year of HAPs would be emitted during the construction, and first year of operation of a typical gas well in the Permian Basin. The emissions are a combination of HAP constituents existing in natural gas and released during the completion and operation process. Most gas vented during the completion process is flared, which substantially reduces the quantity of HAPs released. Climate Greenhouse Gases (GHGs) Information about GHGs and their effects on national and global climate is presented in the Air Resources Technical Report (USDI BLM, 2013, pp. 22-23). Analysis of the impacts of the proposed action on GHG emissions are reported below. Only the GHG emissions associated with exploration and production of oil and gas will be evaluated because the environmental impacts of GHG emissions from oil and gas consumption, such as refining and emissions from consumer-vehicles, are not effects of the proposed action as defined by the Council on Environmental Quality because they do not occur at the same time and place as the action. Thus, GHG emissions from consumption of oil and gas do not constitute a direct effect that is analyzed under NEPA. Nor is consumption an indirect effect of oil and gas production because production is not a proximate cause of GHG emissions resulting from consumption. However, emissions from consumption and other activities are accounted for in the cumulative effects analysis. The two primary GHGs associated with the oil and gas industry are carbon dioxide (CO2) and methane (CH4). Because CH4 has a global warming potential 23 times greater than the warming potential of CO2, the EPA’s Office of Transportation and Air Quality (OTAQ) uses the CO2 equivalent (CO2e) which takes the difference in warming potential into account for reporting the national inventory for GHG emissions. The EPA is also moving towards using the CO2e metric to characterize the benefits of its voluntary programs to be consistent with international practice and to allow for ease in comparison of emissions from different GHGs. Emissions will generally be expressed in metric tons of CO2e in this document. Estimated emissions from the calculator based on a maximum, minimum, and average development scenario are presented in Table 5.

Table 5. Estimated GHG Emissions Well (Re) Well Annual Annual Road Construction Completion Workover Operations Maintenance Reclamation Max 1052.10 411.0 17.8 278.2 0.09 0.54 CO2 Min 213.20 0.2 3.5 62.1 0.09 0.40 Avg 421.30 10.1 10.6 65.0 0.09 0.42 Max 0.01 0.0 0.0 37.6 0.00 0.00 CH4 Min 0.00 0.0 0.0 0.4 0.00 0.00 Avg 0.00 0.0 0.0 1.0 0.00 0.00 Max 0.01 0.0 0.0 0.0 0.00 0.00 a N2O Min 0.00 0.0 0.0 0.0 0.00 0.00 Avg 0.00 0.0 0.0 0.0 0.00 0.00 Max 1055.90 411.1 17.9 1068.7 0.09 0.55 CO2e Min 214.00 0.2 3.5 70.6 0.09 0.40 Avg 422.80 10.1 10.7 86.0 0.09 0.43 CO2e Max 958.10 373.0 16.2 969.8 0.08 0.5 metric Min 194.20 0.2 3.2 64.1 0.08 0.36 tons Avg 383.70 9.2 9.7 78.0 0.08 0.39 a Nitrous oxide

39 Cumulative Impacts The CFO manages federal hydrocarbon resources in Eddy, Lea, and part of Chavez County. There are approximately 23,500 wells in these counties. About 16,060 of the wells in these counties are federal wells. Data from 2000 to 2010 indicate on average approximately 418 wells are drilled in these counties on federal mineral lands annually in the CFO.

The following analysis of cumulative impacts of the proposed action on air quality will be limited to the Permian Basin area of New Mexico. The cumulative impacts of GHG emissions and their relationship to climate change are evaluated at the national and global levels in the Air Resource Technical Report (USDI BLM, 2013).

Activities that contribute to levels of air pollutant and GHG emissions in the Permian Basin include fossil fuel industries, vehicle travel, industrial construction, potash mining, and others. A complete inventory of criteria pollutant emissions can be found in a report titled “Southeast New Mexico Inventory of Air Pollutant Emissions and Cumulative Air Impact Analysis 2007” (AES 2011). The Air Resources Technical Report includes a description of the varied sources of national and regional emissions that are incorporated here to represent the past, present and reasonably foreseeable impacts to air resources (USDI BLM, 2013). It includes a summary of emissions on the national and regional scale by industry source. Sources that are considered to have notable contributions to air quality impacts and GHG emissions include electrical generating units, fossil fuel production (nationally and regionally), and transportation.

The emissions calculator estimated that there could be very small direct increases in several criteria pollutants, HAPs, and GHGs as a result of the proposed action. Altogether, the emissions resulting from the proposed action could result in a 0.003% increase of criteria and HAP emissions in Eddy, Lea, and Chavez Counties and a 0.001% increase in GHG emissions in New Mexico (Eddy, Lea, and Chaves County GHG emissions are not currently available). Air Quality The very small increase in emissions that could result from approval of the proposed action would not result in Eddy, Lea, or Chavez County exceeding the NAAQS for any criteria pollutants. The applicable regulatory threshold for HAPs is the oil and gas industry National Emissions Standards for Hazardous Air Pollutants, which are currently under review by the EPA. The emissions from the proposed well are not expected to impact the 8-hour average ozone concentrations, or any other criteria pollutants in the Permian Basin. Climate Change The Air Resources Technical Report discusses the relationship of past, present, and future predicted emissions to climate change and the limitations in predicting local and regional impacts related to emissions. It is currently not feasible to know with certainty the net impacts from particular emissions associated with activities on public lands. However, the small incremental increase in GHGs from this project will not have a measurable impact on climate. Mitigation Measures and Residual Impacts None 3.2. Range Affected Environment The proposed action would be located within the Big Hackberry Allotment, #78087. This allotment is a yearlong cow-calf deferred rotation operation. Range improvement projects such as windmills, water delivery systems (pipelines, storage tanks, and water troughs), earthen reservoirs, fences, and brush control projects are located within the allotment, but not located near the project vicinity.

40 Two water pipelines are located 0.41 miles to the east and 0.74 miles to the northeast of the proposed project. A trough is located 0.70 miles to the northeast. A pasture fence is located 0.91 miles to the northeast, and an allotment fence is located 0.93 miles to the northeast of the project location. These range improvements would not be impacted by the proposed action.

In general, an average rating of the range land within this area is 6 acres per Animal Unit Month (AUM). In order to support one cow, for one year, about 72 acres are needed. This equals about nine cows per section. Impacts from the Proposed Action Direct and Indirect Impacts The loss of 18.36 acres of vegetation would not affect the AUMs authorized for livestock use in this area. There could be occasional livestock injuries or deaths due to accidents such as collisions with vehicles, falling into excavations, and ingesting plastic or other materials present at the work site. If further development occurs, the resulting loss of vegetation could reduce the AUMs authorized for livestock use in this area. More development could also lead to economic loss to the livestock operation if the number of AUMs authorized for livestock use was reduced due to development.

Impacts to the ranching operation are reduced by standard practices such as utilizing existing surface disturbance, utilizing steel tanks instead of reserve pits, repairing or replacing deteriorated cattle guards along the existing access road to the project, placing parking and staging areas on caliche surfaced areas, reclaiming the areas not necessary for production, and seeding these reclaimed areas to reestablishing vegetation on the reclaimed areas. Mitigation Measures and Residual Impacts During construction, the proponent shall minimize disturbance to existing fences, water lines, troughs, windmills, and other improvements on public lands. The proponent is required to promptly repair improvements to at least their former state. Functional use of these improvements will be maintained at all times. The holder will contact the grazing permittee/allottee prior to disturbing any range improvement projects. When necessary to pass through a fence line, the fence shall be braced on both sides of the passageway prior to cutting of the fence. No permanent gates will be allowed unless approved by the Authorized Officer. 3.3. Soils Affected Environment The area of the proposed action is mapped as RM-Reeves-Reagan loams, 0-3% slopes. These are loamy soils and are described below:

Loamy Generally, these soils are deep, well-drained, moderately dark colored, calcareous, and loamy. These soils typically occur on gently undulating plains and in the broader valleys of the hills and mountains. Permeability is moderate, water-holding capacity is moderate to high, and runoff is likely after prolonged or heavy rains. Careful management is needed to maintain a cover of desirable forage plants and to control erosion. Reestablishing native plant cover could take 3-5 years due to unpredictable rainfall and high temperatures.

These soils generally have cyanobacteria throughout the area, while squamulose, crustose, and gelatinous lichens are occasionally present. These soil crusts are important in binding loose soil particles together to stabilize the soil surface and reduce erosion. Biological soil crusts can contribute positively to soil stability, fixing atmospheric nitrogen, nutrient contributions to plants, water infiltration, and plant growth. They function in the nutrient cycle by fixing atmospheric nitrogen, contributing to soil organic matter, and maintaining soil moisture. In addition, they can act as living mulch which discourages the establishment of annual/invasive weeds. Structurally they form an uneven, rough carpet that reduces

41 rain drop impact and slows surface runoff. Below the surface, lichen and moss rhizines, fungal hyphae, and cyanobacterial filaments all act to bind the soil surface particles just below and at the surface. Horizontally, they occur in nutrient-poor areas between plant clumps. Because they lack a waxy epidermis, they tend to leak nutrients into the surrounding soil. Vascular plants such as grasses and forbs can then utilize these nutrients. Impacts from the Proposed Action Direct and Indirect Impacts There is a potential for wind and water erosion due to the erosive nature of these soils once the cover is lost. There is always the potential for soil contamination due to spills or leaks. Soil contamination from spills or leaks can result in decreased soil fertility, less vegetative cover, and increased soil erosion. Impacts to soil resources are reduced by standard practices such as utilizing existing surface disturbance, minimizing the well pad and access road total surface disturbance, utilizing steel tanks instead of reserve pits, minimizing vehicular use, placing parking and staging areas on caliche surfaced areas, reclaiming the areas not necessary for production and quickly establishing vegetation on the reclaimed areas.

The biological soil crusts are susceptible to compressional damage, which is due to vehicle traffic. Disruption of the crust can result in decreased soil organism diversity, soil nutrient levels, soil stability, and organic matter. These impacts are expected to be limited to new oil and gas roads, pipeline right-of-ways and well pads. Mitigation Measures and Residual Impacts None 3.4. Vegetation Affected Environment Loamy Soil Type Plant Communities This is a grassland site with warm season mid and short grass aspect. There is a fair scattering of shrubs and half-shrubs throughout the landscape. Forb production fluctuates greatly from season to season and year to year. Gramas, tridens, three awns, muhlys, drop seeds, tobosa, and burro grass are the dominant grasses. The most common shrubs in the area are tarbush, creosote, mesquite, cactus, and yucca. Forbs include filaree, croton, bladder pod, and globe mallow. Impacts from the Proposed Action Direct and Indirect Impacts Construction of the well pad and roads would remove about 5.97 acres of vegetation. Construction of the tank battery pad and roads would remove about 3.74 acres of vegetation. Construction of the buried pipelines would disturb about 4.54 acres of vegetation. Construction of the overhead electric line would temporarily compact/lightly disturb about 3.53 acres of vegetation. This impact would last as long as the well is productive.

Impacts to vegetation would be reduced by standard practices such as utilizing existing surface disturbance, minimizing the well pad and access road total surface disturbance, utilizing steel tanks instead of reserve pits, minimizing vehicular use, placing parking and staging areas on caliche surfaced areas, reclaiming the areas not necessary for production. Mitigation Measures and Residual Impacts As approved at onsite, there would be no interim reclamation as the pad will be used for further development in the area.

42 3.5. Visual Resource Management Affected Environment The Visual Resource Management (VRM) program identifies visual values, establishes objectives in the RMP for managing those values, and provides a means to evaluate proposed projects to ensure that visual management objectives are met.

This proposed project would occur within a Visual Resource Management Class IV zone. The objective of VRM Class IV is to provide for management activities which require major modifications of the existing character of the landscape. The level of change to the characteristic landscape can be high. These management activities may dominate the view and be the major focus of viewer attention. However, every attempt should be made to minimize the impact of these activities through careful location, minimal disturbance, and repeating the basic landscape elements of color, form, line and texture. Impacts from the Proposed Action Direct and Indirect Impacts This project would cause some short term and long-term visual impacts to the natural landscape. Short term impacts occur during construction operations and prior to interim reclamation. These include the presence of construction equipment vehicle traffic. However, interim reclamation, conducted within 6 months after well completion would reduce this area by recontouring and revegetating.

Long term impacts would be visible to the casual observer throughout the life of the well. These include the visual evidence of storage tanks, piping, pump jacks, pads and roads, which cause visible contrast to form, line, color, and texture. Removal of vegetation due to construction exposes bare soil lighter in color and smoother in texture than the surrounding vegetation. The surfacing of these areas with caliche materials would cause further contrasts. These contrasts would be visible to visitors in the area.

After final abandonment and reclamation, the pad, road and associated surface infrastructure would be removed, reclaimed, recontoured and revegetated, thereby eliminating visual impacts.

Short and long term impacts are minimized by best management practices such as color selection, reducing cut and fill, screening facilities with natural features and vegetation, interim reclamation and contouring roads along natural changes in elevation. Mitigation Measures and Residual Impacts Above-ground structures including meter housing that are not subject to safety requirements are painted a flat non-reflective paint color, Shale Green from the BLM Standard Environmental Color Chart (CC-001: June 2008). 3.6. Wildlife Affected Environment This project occurs in the Chihuahuan Desert habitat type. The Chihuahuan desert is one of the four most biologically rich and diverse desert ecoregions in North America. Numerous plant species live in this desert. The Chihuahuan Desert stretches from the southeastern corner of Arizona across southern New Mexico and west Texas to the Edwards Plateau in the United States. It runs deep into central Mexico, including parts of the states of Chihuahua, northwest Coahuila, northeast Durango and several others. This Desert is bounded by the Sierra Madre Occidental to the west and the Sierra Madre Oriental to the east, extending as far south as San Luis Potosi and to the isolated islands of the Chihuahuan vegetation in the Mexico states of Queretaro and Hidalgo. In New Mexico, Chaves and Eddy Counties, west of the Pecos River, consist largely or entirely of Chihuahuan Desert habitat type. The dominant plant species throughout the Chihuahuan desert is creosote bush. Depending on diverse factors such as type of soil,

43 altitude, and degree of slope, creosote bush, can be found in association with other woody and grass species.

The Chihuahuan desert supports a large number of wide-ranging mammals, herpetofauna, and avian species. Mammals include but are not limited to: pronghorn antelope, mule deer, grey fox, collared peccary, bobcat, desert cottontail, black tailed jack rabbit, kangaroo rat, pocket mice, woodrats and deer mice. Herpetofauna include but are not limited to: Texas horned lizard, greater earless lizard, several species of spiny and whip tail lizards, and several species of venomous and non-venomous snakes. Avian species include but are not limited to the following: greater roadrunner, curve-billed thrasher, scaled quail, Scott’s oriole, black-throated sparrow, phainopepla, Worthen’s sparrow, and cactus wren. In addition, numerous raptors inhabit the desert and include the great horned owl, burrowing owl, Aplomado falcon, and red-tailed hawk.

Lyndsey Bradshaw and Cassie Wahl conducted wildlife (including burrowing owl and raptor) surveys of the proposed project area and 200m buffer on October 6, 2016. No raptor or burrowing owl nests were observed. Impacts from the Proposed Action Direct and Indirect Impacts Impacts of the proposed action to wildlife in the localized area may include: possible mortality, habitat degradation and fragmentation, avoidance of habitat during construction and drilling activities and the potential loss of burrows and nests. Avian electrocutions may occur because power lines pose an electrocution hazard for raptor species attempting to perch on the structures. To minimize this potential impact, using Avian Power Line Interaction Committee (APLIC) raptor-deterring design measures which may include, but would not be limited to, a 60-inch separation between conductors and/or grounded hardware in eagle use areas as well as the use of insulating or cover up materials for perch management.

Standard mitigation measures and elements of the proposed action minimize these impacts to wildlife. These include: the NTL-RDO 93-1 (modification of open-vent exhaust stacks to prevent perching and entry from birds and bats), nets on open top production tanks, interim reclamation, closed loop systems, exhaust mufflers, berming collection facilities, minimizing cut and fill, road placement, and avoidance of wildlife waters, stick nests, drainages, playas and dunal features.

These practices reduce mortality to wildlife and allow habitat to be available in the immediate surrounding area thus reducing stressors on wildlife populations at a localized level. Impacts to local wildlife populations are therefore expected to be minimal.

BLM Natural Resource Specialists and Wildlife Biologists have worked with the applicant to locate the project and associated infrastructure away from these habitat features in order to minimize impacts to localized wildlife populations. Mitigation Measures and Residual Impacts Power lines shall be constructed and designed in accordance to standards outlined in "Suggested Practices for Avian Protection on Power lines: The State of the Art in 2006" Edison Electric Institute, APLIC, and the California Energy Commission 2006. The holder shall assume the burden and expense of proving that pole designs not shown in the above publication deter raptor perching, roosting, and nesting. Such proof shall be provided by a raptor expert approved by the Authorized Officer. The BLM reserves the right to require modification or additions to all power line structures placed on this right-of- way, should they be necessary to ensure the safety of large perching birds. The holder without liability or expense shall make such modifications and/or additions to the United States.

44 3.7. Noxious Weeds and Invasive Plants Affected Environment There are four plant species within the CFO that are identified in the New Mexico Noxious Weed List Noxious Weed Management Act of 1998. These species are African rue, Malta starthistle, Russian olive, and salt cedar. African rue and Malta starthistle populations have been identified throughout the Carlsbad Field Office and mainly occur along the shoulders of highway, state and county roads, lease roads and well pads (especially abandoned well pads). The CFO has an active noxious weed monitoring and treatment program, and partners with county, state and federal agencies and industry to treat infested areas with chemicals and monitor the counties for new infestations.

Noxious weed surveys of the proposed project and 200m buffer were conducted by Lyndsey Bradshaw and Cassie Wahl on October 6, 2016. Currently there are no known populations of invasive, non-native species within the proposed project vicinity, although African Rue has been found along existing right-of- ways and old pads in the area in the past. Impacts from the Proposed Action Direct and Indirect Effects Any surface disturbance could increase the possibility of establishment of new populations of invasive, non-native species. The construction of the proposed action may contribute to the establishment and spread of African rue and Malta starthistle. The main mechanism for seed dispersion would be by equipment and vehicles that were previously used and/or driven across noxious weed infested areas. Noxious weed seed could be carried to and from the project area by construction equipment and transport vehicles. Mitigation Measures The operator shall be held responsible if noxious weeds become established within the areas of operations. Weed control shall be required on the disturbed land where noxious weeds exist, which includes the roads, pads, associated pipeline corridor, and adjacent land affected by the establishment of weeds due to this action. The operator shall consult with the Authorized Officer for acceptable weed control methods, which include following EPA and BLM requirements and policies. 3.8. Cultural and Historical Resources Affected Environment The project falls within the Southeastern New Mexico Archaeological Region. This region contains the following cultural/temporal periods: Paleoindian (ca. 11,500 – 7,000 B.C.), Archaic (ca. 6,000 B.C. – A.D. 500), Ceramic (ca. A.D. 500 – 1400), Post Formative Native American (ca. A.D. 1400 – present), and Historic Euro-American (ca. A.D. 1865 to present). Sites representing any or all of these periods are known to occur within the region. A more complete discussion can be found in The Human Landscape in Southeastern New Mexico: A Class I Overview of Cultural Resources Within the Bureau of Land Management’s Carlsbad Field Office Region, published in 2012 by SWCA Environmental Consultants. Native American Religious Concerns The BLM conducts Native American consultation regarding Traditional Cultural Places (TCP) and Sacred Sites during land-use planning and its associated environmental impact review. In addition, during the oil & gas lease sale process, Native American consultation is conducted to identify TCPs and sacred sites whose management, preservation, or use would be incompatible with oil and gas or other land-use authorizations. With regard to Traditional Cultural Properties, the BLM has very little knowledge of tribal sacred or traditional use sites, and these sites may not be apparent to archaeologists performing surveys in advance of drilling.

45 Impacts from the Proposed Action Direct and Indirect Effects

Cultural resources on public lands, including archaeological sites and historic properties, are protected by federal law and regulations (Section 106 of the National Historic Preservation Act and the National Environmental Policy Act). Class III cultural surveys will be conducted of the area of effect for realty or oil and gas projects proposed on these lands prior to the approval of any ground disturbing activities to identify any resources eligible for listing on the National Register of Historic Places. Cultural resource inventories minimize impacts to cultural sites and artifacts by avoiding these resources prior to construction of the proposed project. If unanticipated or previously unknown cultural resources are discovered at any time during construction, all construction activities shall halt and the BLM authorized officer will be immediately notified. Work shall not resume until a Notice to Proceed is issued by the BLM.

A Class III cultural resource inventory was conducted and one historic property was identified within the area of potential effect. Site number LA 186772 is a small prehistoric site that was documented for the proposed distribution line. Mitigation Measures As currently proposed, archaeology site LA 186772 will be avoided. A contract archaeologist is required to be present for all construction activities within 100 feet of this eligible site to ensure that no direct impacts to the temporary camp site. 3.9. Paleontology Affected Environment Paleontological resources are any fossilized remains, traces, or imprints of organisms, preserved in or on the earth's crust, that are of paleontological interest and that provide information about the history of life on earth. Fossil remains may include bones, teeth, tracks, shells, leaves, imprints, and wood. Paleontological resources include not only the actual fossils but also the geological deposits that contain them and are recognized as nonrenewable scientific resources protected by federal statutes and policies.

The primary federal legislation for the protection and conservation of paleontological resources occurring on federally administered lands are the Paleontological Resources Preservation Act of 2009 (PRPA), the Federal Land Policy and Management Act of 1976 (FLPMA), and the National Environmental Policy Act of 1970 (NEPA). BLM has also developed policy guidelines for addressing potential impacts to paleontological resources (BLM, 1998a, b; 2008, 2009). In addition, paleontological resources on state trust lands are protected by state policy from unauthorized appropriation, damage, removal, or use.

The Potential Fossil Yield Classification (PFYC) is a tool that allows the BLM to predict the likelihood of a geologic unit to contain paleontological resources. The PFYC is based on a numeric system of 1-5, with PFYC 1 having little likelihood of containing paleontological resources, whereas a PFYC 5 value is a geologic unit that is known to contain abundant scientifically significant paleontological resources. The fossil resources of concern in this area are the remains of vertebrates, which include species of fish, amphibians, and mammals. Impacts from the Proposed Action Direct and Indirect Effects Direct impacts would result in the immediate physical loss of scientifically significant fossils and their contextual data. Impacts indirectly associated with ground disturbance could subject fossils to damage or destruction from erosion, as well as creating improved access to the public and increased visibility, potentially resulting in unauthorized collection or vandalism. However, not all impacts of construction are detrimental to paleontology. Ground disturbance can reveal significant fossils that would otherwise

46 remain buried and unavailable for scientific study. In this manner, ground disturbance can result in beneficial impacts. Such fossils can be collected properly and curated into the museum collection of a qualified repository making them available for scientific study and education.

The location of the proposed project is within a PFYC 2, where management concern is negligible. A pedestrian survey for paleontological resources was not necessary and there should be no impacts to paleontological resources. Mitigation Measures There are no mitigation measures for this project, as currently proposed. 3.10. Karst Resources Affected Environment The proposed project is located in gypsum karst terrain, a landform that is characterized by underground drainage through solutionally enlarged conduits. Gypsum karst terrain may contain sinkholes, sinking streams, caves, and springs. Sinkholes leading to underground drainages and voids are common. These karst features, as well as occasional fissures and discontinuities in the bedrock, provide the primary sources for rapid recharge of the groundwater aquifers of the region.

The BLM categorizes all areas within the Carlsbad Field Office as having either low, medium, high or critical cave potential based on geology, occurrence of known caves, density of karst features, and potential impacts to fresh water aquifers. This project occurs within a high karst zone. A high karst zone is defined as an in known soluble rock types that contain a high frequency of significant caves and karst features such as sinkholes and bedrock fractures that provide rapid recharge of karst aquifers.

BLM approved karst surveyor Dave Belski of Cave and Karst Surface Evaluation completed the karst survey encompassing the proposed project and 200m buffer on January 21-22, 2017. Field notes from the on-site inspection indicate that no cave or karst concerns were found. Unknown features may also exist. Due to these factors, this action is subject to mitigation measures designed to adequately protect known and potential cave/karst resources.

Sinkholes and cave entrances collect water and can accumulate rich organic materials and soils. This, in conjunction with the stable microclimate near cave entrances, support a greater diversity and density of plant life which provides habitat for a greater diversity and density of wildlife such as raptors, rodents, mammals, and reptiles.

The interior of the caves supports a large variety of troglobitic, or cave environment-dependent species. The troglobitic species have adapted specifically to the cave environment due to constant temperatures, constant high humidity, and total darkness. Some of the caves in the area contain bat colonies. Many of the caves in this area contain fragile cave formations known as speleothems. Impacts from the Proposed Action Direct and Indirect Effects General Impact Analysis Cave and karst features provide direct conduits leading to groundwater. These conduits can quickly transport surface and subsurface contaminants directly into underground water systems and freshwater aquifers without filtration or biodegradation. In addition, contaminates spilled or leaked into or onto cave/karst zone surfaces and sub surfaces may lead directly to the disruption, displacement, or extermination of cave species and critical biological processes. In extreme or rare cases, a buildup of hydrocarbons in cave systems due to surface leaks or spills could potentially cause underground ignitions or asphyxiation of wildlife or humans within the cave.

47 In cave and karst terrains, rainfall and surface runoff is directly channeled into natural underground water systems and aquifers. Changes in geologic formation integrity, runoff quantity/quality, drainage course, rainfall percolation factors, vegetation, surface contour, and other surface factors can negatively impact cave ecosystems and aquifer recharge processes. Blasting, heavy vibrations, and focusing of surface drainages can lead to slow subsidence, sudden collapse of subsurface voids, and/or cave ecosystem damage.

A more complete discussion of the impacts of oil and gas drilling can be found in the Dark Canyon Environmental Impact Statement of 1993, published by the U.S. Department of the Interior, Bureau of Land Management.

To mitigate or lessen the probability of impacts associated with the drilling and production of oil and gas wells in karst areas, the guidelines listed in Appendix 3, Practices for Oil and Gas Drilling and Production in Cave and Karst Areas, as approved in the Carlsbad Resource Management Plan Amendment of 1997, page AP3-4 through AP 3-7 will be followed.

BLM maintains up to date locations and surveys of known cave and karst features. Projects will be located away from these features whenever possible. Drilling pads, roads, utilities, pipelines and flowlines will be routed around cave and karst features at an adequate distance to mitigate adverse impacts. Wellbore engineering plans will incorporate required cave and aquifer protection protocols.

Highly sensitive cave and karst areas with critical freshwater aquifer recharge concerns may have a number of special surface and subsurface planning and construction requirements based upon the risk of adverse impacts created by a specific location or process. Construction Impact Analysis The construction of roads, pipelines, well pads and utilities can impact bedrock integrity and reroute, impede, focus, or erode natural surface drainage systems. Increased silting and sedimentation from construction can plug downstream sinkholes, caves, springs, and other components of aquifer recharge systems and result in adverse impacts to aquifer quality and cave environments. Any contaminants released into the environment during or after construction can impact aquifers and cave systems. A possibility exists for slow subsidence or sudden surface collapse during construction operations due to collapse of underlying cave passages and voids. This would cause associated safety hazards to the operator and the potential for increased environmental impact. Subsidence processes can be triggered by blasting, intense vibrations, rerouting of surface drainages, focusing of surface drainage, and general surface disturbance.

Blasting fractures in bedrock can serve as direct conduits for transfer of contaminants into cave and groundwater systems. Blasting also creates an expanded volume of rock rubble that cannot be reclaimed to natural contours, soil condition, or native vegetative condition. As such, surface and subsurface disruptions from blasting procedures can lead to permanent changes in vegetation, rainfall percolation, silting/erosion factors, aquifer recharge, and freshwater quality and can increase the risk of contaminant migration from drilling/production facilities built atop the blast area. Drilling Impact Analysis During drilling, previously unknown cave and karst features could be encountered. If a void is encountered while drilling and a loss of circulation occurs, lost drilling fluids can directly contaminate groundwater recharge areas, aquifers, and groundwater quality. Drilling operations can also lead to sudden collapse of underground voids. Cementing operations may plug or alter groundwater flow, potentially reducing the water quantity at springs and water wells. Inadequate subsurface cementing, casing, and cave/aquifer protection measures can lead to the migration of oil, gas, drilling fluids, and produced saltwater into cave systems and freshwater aquifers. Production Impact Analysis Production facilities such as tank batteries, pump-jacks, compressors, transfer stations, and piping may fail and allow contaminants to enter caves and freshwater systems. Downhole casing and cementing

48 failures can allow migration of fluids and/or gas between formations and aquifers. Facilities may also be subject to slow subsidence or sudden collapse of the underlying bedrock. Residual and Cumulative Impact Analysis Any industrial activities that take place upon or within karst terrains or freshwater aquifer zones have the potential to create both short-term and long-term negative impacts to freshwater aquifers and cave systems. While a number of mitigation measures can be implemented to mitigate many impacts, it is still possible for impacts to occur from containment failures, well blowouts, accidents, spills, and structural collapses. It is therefore necessary to implement long-term monitoring studies to determine if current mitigations measures are sufficient enough to prevent long-term or cumulative impacts. Plugging and Abandonment Impact Analysis Failure of a plugged and abandoned well can lead to migration of contaminants to karst resources and fresh water aquifers. While this action does not specifically approve plugging and abandonment procedures, the operator should be made aware that additional or special Conditions of Approval may apply at that time. Mitigation Measures Construction Mitigation In order to mitigate the impacts from construction activities on cave and karst resources, the following Conditions of Approval will apply to this APD:

 In the event that any underground voids are encountered during construction activities, construction activities will be halted and the BLM will be notified immediately.  No Blasting to prevent geologic structure instabilities.  Pad Berming to minimize effects of any spilled contaminates. Drilling Mitigation Federal regulations and standard Conditions of Approval applied to all APDs require that adequate measures are taken to prevent contamination to the environment. Due to the extreme sensitivity of the cave and karst resources in this project area, the following additional Conditions of Approval will be added to this APD.

To prevent cave and karst resource contamination the following will be required.

 Closed Mud System Using Steel Tanks with All Fluids and Cuttings Hauled Off.  Rotary drilling with fresh water where cave or karst features are expected to prevent contamination of freshwater aquifers.  Directional Drilling allowed after at least 100 feet below the cave occurrence zone to prevent additional impacts resulting from directional drilling.  Lost Circulation zones logged and reported in the drilling report so BLM can assess the situation and work with the operator on corrective actions.  Additional drilling, casing, and cementing procedures to protect cave zones and fresh water aquifers. See Drilling COAs. Production Mitigation In order to mitigate the impacts from production activities and due to the nature of karst terrain, the following Conditions of Approval will apply to this APD:

 Tank battery liners and berms to minimize the impact resulting from leaks.  Leak detection system to provide an early alert to operators when a leak has occurred.  Automatic shut off, check values, or similar systems will be installed for pipelines and tanks to minimize the effects of line failures used in production or drilling.

49 Residual and Cumulative Mitigation  Nontoxic fluorescent dyes will be added to the drilling fluid when the hole is spudded and will be circulated to the bottom of the karst layers. This provides data as part of a long-term monitoring study.  Annual pressure monitoring will be performed by the operator. If the test results indicate a casing failure has occurred, remedial action will be undertaken to correct the problem to the BLM’s approval. Plugging and Abandonment Mitigation Abandonment Cementing: Upon well abandonment in high cave karst areas additional plugging conditions of approval may be required. The BLM will assess the situation and work with the operator to ensure proper plugging of the wellbore. 3.11. Watershed Affected Environment The area of the proposed action drains in a southwestern direction into North Hackberry Draw, about 0.28 miles away. Stream flow occurs in this drainage during times of heavy rain, and it is likely a source of groundwater recharge. The ground water recharge is from local precipitation entering through playas, sinkholes and swallets. Water quality and quantity is influenced by physical, chemical, and biological reactions that occur as water moves over and through the land surface toward streams and into aquifers. The rate at which water moves through the watershed strongly affects these reactions. Impacts from the Proposed Action Direct and Indirect Effects Ephemeral surface water from local rain events will wash down-slope through the area of the proposed action. Localized decreases in vegetative surface cover combined with the caliche covering the pad and road could result in decreased infiltration rates and increased runoff volume and velocity. This causes increased erosion, top soil loss, and sedimentation.

Water quality can be adversely affected following the occurrence of an undesirable event such as a leak or spill.

Standard practices or design features of the proposed project that minimize impacts to the watershed and water quality include: utilizing a closed loop system with no reserve pits, berming of the production facilities, utilizing existing surface disturbance, minimizing the well pad and access road total surface disturbance, minimizing vehicular use, surfacing parking and staging areas with caliche and reclaiming the areas not necessary for production and quickly reestablishing vegetation on the reclaimed areas. Mitigation Measures  The entire well pad will be bermed to prevent oil, salt, and other chemical contaminants from leaving the well pad. Topsoil shall not be used to construct the berm. No water flow from the uphill side(s) of the pad shall be allowed to enter the well pad. The berm shall be maintained through the life of the well and after interim reclamation has been completed.  Any water erosion that may occur due to the construction of the well pad during the life of the well will be corrected within two weeks and proper measures will be taken to prevent future erosion.  Cimarex would also install a 3-foot-high berm and a diversion ditch around the northeast corner of the well pad to control surface water runoff during construction and operation of the well location.  Tank battery locations will be lined and bermed. A 20 mil permanent liner will be installed with a 4 oz. felt backing to prevent tears or punctures. Tank battery berms must be large enough to contain 1 ½ times the content of the largest tank.  Automatic shut off, check valves, or similar systems will be installed for tanks to minimize the effects of catastrophic line failures used in production or drilling.

50  When crossing the ephemeral stream that drains into North Hackberry Draw erosion and sediment controls must be placed to mitigate any impacts downstream and/or to the floodplain.

Surface & Buried Pipeline COAs Only:  A leak detection plan will be submitted to the BLM Carlsbad Field Office for approval prior to pipeline installation. The method could incorporate gauges to detect pressure drops, situating values and lines so they can be visually inspected periodically or installing electronic sensors to alarm when a leak is present. The leak detection plan will incorporate an automatic shut off system that will be installed for proposed pipelines to minimize the effects of an undesirable event.

3.12. Cumulative Impacts Cumulative impacts are the combined effect of past projects, specific planned projects, and other reasonably foreseeable future actions within the project study area to which oil and gas exploration and development may add incremental impacts. This includes all actions, not just oil and gas actions that may occur in the area including foreseeable non-federal actions.

The combination of all land use practices across a landscape has the potential to change the visual character, disrupt natural water flow and infiltration, disturb cultural sites, cause minor increases in greenhouse gas emissions, fragment wildlife habitat and contaminate groundwater. However, the likelihood of these impacts occurring is minimized through standard mitigation measures, special Conditions of Approval and ongoing monitoring studies.

The current project includes conversion of 5.97 acres of habitat to 5.74 acres of bare caliche for a drill pad and 0.23 acres of bare caliche for a short road. Since 2011, CFO has approved approximately 800 APD’s each year. Despite the precipitous drop in the price of crude in the past year, the trend continues. The drill/well pads are maintained for 10-20 years unless the operator elects to suspend pumping while oil prices are low, in which case the well pad might be maintained longer. The roads tend to last longer. The cumulative well pads account for approximately 2,240 acres of habitat conversion to bare caliche each year. For the decade previously, the average was closer to 600 APDs/year. The pipeline, ideally, would be temporarily scraped bare and reseeded by the next rainy season, be sparsely populated within a year of pipeline construction, and converted (possibly removed) to a linear grassland within five years.

Nearby habitat is also converted to scrub from decades of fire suppression; and other areas are temporarily converted to bare soil or early successional habitat by the ubiquitous buried pipeline projects, which frequently take three years to recover. At this time, the inventory of road miles or acreage is incomplete, so there can be no cumulative assessment of the loss of habitat associated with road construction. Only a small fraction of the existing scrub is treated with herbicides to maintain grasslands, shinnery, and desert habitats.

All resources are expected to sustain some level of cumulative impacts over time, however these impacts fluctuate with the gradual abandonment and reclamation of wells. New wells are being drilled faster than others are being abandoned and reclaimed. Theoretically, the oil field will play out and the cumulative impacts will lessen as more areas are reclaimed and less are developed. However, drilling has increased as prices have dropped, and new technologies and rising crude prices will extend the viable life of impacts.

51 4. SUPPORTING INFORMATION 4.1. List of Preparers Prepared by: Lyndsey Bradshaw, Environmental Services Field Technician Jennifer Ellis, Natural Resource Specialist Center of Excellence for Hazardous Materials Management 505 North Main Street Carlsbad, NM 88220

Date: 1/24/2017

The following individuals aided in the preparation of this document:  Cassie Wahl, Environmental Services Field Technician, CEHMM  Anissa Lynn, Natural Resource Specialist, Reviewer, CEHMM  Emily Wirth, Wildlife Biologist, Reviewer, CEHMM  Dee Williams, Reviewer, CEHMM  Dave Belski, Karst Surveyor, Cave and Karst Surface Evaluation  Jeff Robertson, Natural Resource Specialist, BLM-CFO  Chelsie Dugan, Hydrologist, BLM-CFO  Cassandra Brooks, Wildlife Biologist, BLM-CFO  Bruce Boeke, Archaeologist, BLM-CFO 4.2. References Applied Enviro Solutions (AES). 2011. Southeast New Mexico Inventory of Air Pollutant Emissions and Cumulative Air Impact Analysis 2007. BLM. Carlsbad Field Office.

Environmental Protection Agency. 2013. The Green Book Non-Attainment Areas for Criteria Pollutants. http://www.epa.gov/airquality/greenbk/ (Accessed 3/15/2013).

Environmental Protection Agency. 2013. 2005 National-Scale Air Toxics Assessment. Summary of Results. http://www.epa.gov/ttn/atw/nata2005.

Environmental Protection Agency. 2013. Air Trends: Design Values. http://www.epa.gov/airtrends/values.html.

NOAA. 2011. NOAA's 1981-2010 Climate Normals. National Climatic Center. http://www.ncdc.noaa.gov/oa/climate/normals/usnormals.html. (Accessed July 1, 2011).

Railey, J. A. 2012. The Human Landscape in Southeastern New Mexico: A Class I Overview of Cultural Resources within the Bureau of Land Management’s Carlsbad Field Office Region. SWCA Environmental Consultants, Albuquerque, New Mexico.

USDI. BLM. 2013. Air Resources Technical Report for Oil and Gas Development in New Mexico, Kansas, Oklahoma, and Texas. New Mexico State Office.

52 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT Pecos District Carlsbad Field Office 620 E Greene Street Carlsbad, NM 88220

DECISION RECORD for the Davinci 7-18 Federal Com 6H NEPA No. DOI-BLM-NM- P020-2017-0264-EA

I. Decision I have decided to select the proposed action for implementation as described in the 1/24/2017, Davinci 7- 18 Federal Com 6H. Based on my review of the Environmental Assessment (EA) and project record, I have concluded that the proposed action was analyzed in sufficient detail to allow me to make an informed decision. I have selected this alternative because the proposed treatments will provide reasonable access to oil and gas development. II. Finding of No Significant Impact I have reviewed the direct, indirect and cumulative effects of the proposed activities documented in the EA for the DOI-BLM-NM-P020-2017-0264-EA. I have also reviewed the project record for this analysis. The effects of the proposed action are disclosed in the Environmental Consequences sections of the EA. I have determined that the proposed action as described in the EA will not significantly affect the quality of the human environment. Accordingly, I have determined that the preparation of an Environmental Impact Statement is not necessary. III. Other Alternatives Considered No reasonable action alternative was substantially different in design or effects from the proposed action for this project. Therefore no other alternative was considered or analyzed. Other action alternatives were substantially similar in design and had sustainably similar effects to the proposed action alternative analyzed in the EA. Therefore no other alternative was considered or analyzed. IV. Public Involvement The Carlsbad Field Office (CFO) publishes a NEPA log for public inspection. This log contains a list of proposed and approved actions in the field office. The log is located in the lobby of the CFO as well as on the BLM New Mexico website (http://www.blm.gov/nm/st/en/prog/planning/nepa_logs.html). V. Appeals This decision may be appealed to the Interior Board of Land Appeals (IBLA), Office of the Secretary, in accordance with the regulations contained in 43 CFR Part 4. Any appeal must be filed within 30 days of this decision. Any notice of appeal must be filed with the Carlsbad Field Manager, at 620 E.Greene St., Carlsbad, NM 88220. The appellant shall serve a copy of the notice of appeal and any statement of reasons, written arguments, or briefs on each adverse party named in the decision, not later than 15 days after filing such document (see 43 CFR 4.413(a)). Failure to serve within the time required will subject the appeal to summary dismissal (see 43 CFR 4.413(b)). If a statement of reasons for the appeal is not included with the notice, it must be filed with the IBLA, Office of Hearings and Appeals, U. S. Department of the Interior, 801 North Quincy St., Suite 300, Arlington, VA 22203 within 30 days after the notice of

53 appeal is filed with the IBLA, Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy St., Suite 300 Arlington, VA 22203 within 30 days after the notice of appeal is filed with the Carlsbad Field Manger. Notwithstanding the provisions of 43 CFR 4.21(a)(1), filing a notice of appeal under 43 CFR Part 4 does not automatically suspend the effect of the decision. If you wish to file a petition for a stay of the effectiveness of this decision during the time that your appeal is being reviewed by the Board, the petition for a stay must accompany your notice of appeal. A petition for a stay is required to show sufficient justification based on the following standards: (1) The relative harm to the parties if the stay is granted or denied; (2) The likelihood of the appellant's success on the merits; (3) The likelihood of immediate and irreparable harm if the stay is not granted; and (4) Whether the public interest favors granting the stay.

In the event a request for stay or an appeal is filed, the person/party requesting the stay or filing the appeal must serve a copy of the appeal on the Office of the Field Solicitor, 1100 Old Santa Fe Trail, Santa Fe, NM 87505.

_/S/ Cody Layton______05/25/2017______Date Field Manager

54 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT Pecos District Carlsbad Field Office 620 E Greene Street Carlsbad, NM 88220

Finding of No Significant Impact

Davinci 7-18 Federal Com 6H

NEPA No. DOI-BLM-NM- P020-2017-0264-EA

FINDING OF NO SIGNIFICANT IMPACT: I have determined that the proposed action, as described in the EA will not have any significant impact, individually or cumulatively, on the quality of the human environment. Because there would not be any significant impact, an environmental impact statement is not required. In making this determination, I considered the following factors: 1. The activities described in the proposed action do not include any significant beneficial or adverse impacts (40 CFR 1508.27(b)(1)). The EA includes a description of the expected environmental consequences of well pad, access road, buried pipeline, surface flow line, and overhead powerline. 2. The activities included in the proposed action would not significantly affect public health or safety (40 CFR 1508.27(b)(2)). 3. The proposed activities would not significantly affect any unique characteristics (40 CFR 1508.27(b)(3)) of the geographic area such as prime and unique farmlands, caves, wild and scenic rivers, designated wilderness areas, wilderness study areas, or areas of critical concern. 4. The activities described in the proposed action do not involve effects on the human environment that are likely to be highly controversial (40 CFR 1508.27(b)(4)). 5. The activities described in the proposed action do not involve effects that are highly uncertain or involve unique or unknown risks (40 CFR 1508.27(b)(5)). 6. My decision to implement these activities does not establish a precedent for future actions with significant effects or represent a decision in principle about a future consideration (40 CFR 1508.27(b)(6)). 7. The effects of well pad, access road, buried pipeline, surface flow line, and overhead powerline. would not be significant, individually or cumulatively, when considered with the effects of other actions (40 CFR 1508.27(b)(7)). The EA discloses that there are no other connected or cumulative actions that would cause significant cumulative impacts. 8. I have determined that the activities described in the proposed action will not adversely affect or cause loss or destruction of scientific, cultural, or historical resources, including those listed in or eligible for listing in the National Register of Historic Places (40 CFR 1508.27(b)(8)). Cultural resource surveys were completed.

9. The proposed activities are not likely to adversely affect any endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act (40 CFR 1508.27(b)(9)).

55 10. The proposed activities will not knowingly threaten any violation of Federal, State, or local law or requirements imposed for the protection of the environment (40 CFR 1508.27(b)(10)). Section 1.4 and 1.5 of the EA.

APPROVED:

/S/ Cody Layton 05/25/2017 Date Field Manager Carlsbad Field Office