United States Department of the Interior Bureau of Land Management

Environmental Assessment DOI-BLM-NM-P020-2018-0605-EA DOI-BLM-NM-P020-2018-0511-EA

Oxy USA, Inc. Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

BLM Serial No. NM-138229

Department of the Interior Bureau of Land Management Pecos District Carlsbad Field Office 620 East Greene Street Carlsbad, NM 88220 Phone: (575) 887-6544 FAX: (575) 885-9264

April 2018

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.

It is the mission of the Bureau of Land Management to sustain the health, diversity, and productivity of the public lands for the use and enjoyment of present and future generations.

TABLE OF CONTENTS

1 Purpose and Need for Action ...... 1 1.1 Background ...... 1 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 ...... 5 2 Proposed Action And Alternatives ...... 7 2.1 Proposed Action ...... 7 2.2 No Action ...... 9 2.3 Alternatives Considered but Eliminated from Detailed Study ...... 9 3 Affected Environment and Environmental Consequences ...... 10 3.1 Air Resources ...... 10 3.2 Watershed Drainages ...... 12 3.3 Soils ...... 14 3.4 Vegetation and Invasive, Non-Native Species ...... 14 3.5 Wildlife and Special Status Species ...... 16 3.6 Karst Resources ...... 19 3.7 Cultural Resources...... 20 3.8 Paleontological Resources ...... 21 3.9 Livestock Grazing ...... 22 3.10 Public Health and Safety ...... 23 3.11 Cumulative Impacts...... 24 4 Supporting Information ...... 26 4.1 List of Preparers ...... 26 4.2 References Cited ...... 26

Appendices

Appendix A. Natural Resources Map and Photographs Appendix B. Special Status Species Data Appendix C. NMDGF Pipeline Trenching Guidelines

Environmental Assessment i Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

LIST OF FIGURES

Figure 1.1. Project vicinity map for the proposed project...... 2 Figure 2.1. Proposed project area...... 8 Figure A.1. Natural resources data map...... A-1

LIST OF TABLES

Table 1.1. Potential Permits, Approvals, and Clearances Needed for Construction, Operation, and Maintenance of the Proposed Project ...... 4 Table 1.2. Resource Issues Identified for the Proposed Project ...... 5 Table 1.3. Resource Issues Considered but not Analyzed in Detail for the Proposed Project ...... 6 Table 2.1. Proposed Project Disturbance from the Cedar Canyon Buried Natural Gas Pipeline Right-of-Way Project ...... 7 Table 3.1. Climate Averages for Carlsbad, 1981–2010 ...... 11 Table 3.2. Watersheds Crossed by the Proposed Project ...... 13 Table 3.3. Soils in the Proposed Project Area ...... 14 Table 3.4. Plant Species Observed during the Biological Survey of the Proposed Project Area ...... 15 Table 3.5. Wildlife Detected during the Biological Survey of the Proposed Project Area ...... 16 Table 3.6. Special Status Species with the Potential to Occur in the Proposed Project Area ...... 17 Table 3.7. BLM CFO Allotments and Range Improvements in the Proposed Project Area ...... 23 Table B.1. Special Status Species for Eddy County, New Mexico ...... B-1

Environmental Assessment ii Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

LIST OF ACRONYMS AND ABBREVIATIONS

°F degrees Fahrenheit ACEC Area of Critical Environmental Concern AES Applied EnviroSolutions AMS Analysis of the Management Situation amsl above mean sea level BLM Bureau of Land Management CAA Clean Air Act CCA Candidate Conservation Agreement CCCA Candidate Conservation Agreement with Assurances CEHMM Center of Excellence for Hazardous Material Management CFO Carlsbad Field Office CFR Code of Federal Regulations CO carbon monoxide COA condition of approval EA environmental assessment EPA U.S. Environmental Protection Agency FEMA Federal Emergency Management Agency FONSI Finding of No Significant Impact GHG greenhouse gas GIS geographic information system HAP hazardous air pollutant HUC Hydrologic Unit Code IM Instruction Memorandum IPA Isolated Population Area MLA Mineral Leasing Act of 1920 MOU Memorandum of Understanding NAAQS National Ambient Air Quality Standards NATA National Air Toxics Assessment NEPA National Environmental Policy Act of 1969 NMDGF New Mexico Department of Game and Fish NMOSE New Mexico Office of the State Engineer NMPM New Mexico Principal Meridian NO2 nitrogen dioxide NOx nitrogen oxide(s) NRCS Natural Resources Conservation Service NRHP National Register of Historic Places O3 ozone Oxy Oxy USA, Inc. Pb lead PBPA Permian Basin Programmatic Agreement PFYC Potential Fossil Yield Classification PM2.5 particulate matter equal to or less than 2.5 microns in diameter PM10 particulate matter equal to or less than 10 microns in diameter R. Range RMP Resource Management Plan ROW right-of-way SF-299 Standard Form 299 SMA Special Management Area SO2 sulfur dioxide State State of New Mexico SWCA SWCA Environmental Consultants T. Township TCP traditional cultural property USACE U.S. Army Corps of Engineers USC United States Code USDA U.S. Department of Agriculture USFWS U.S. Fish and Wildlife Service

Environmental Assessment iii Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

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Environmental Assessment iv Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

1 PURPOSE AND NEED FOR ACTION 1.1 Background Oxy USA, Inc. (Oxy) submitted a Standard Form 299 (SF-299) Application for Transportation and Utility Systems and Facilities on Federal Lands to the Bureau of Land Management (BLM) Carlsbad Field Office (CFO) for the Cedar Canyon Gas ROW from River Bend Header to West Header Project in Eddy County, New Mexico, for the purpose of installing a buried 16-inch-diameter steel pipeline within a single trench. The pipeline would connect two segments of existing natural gas pipeline infrastructure. The project area would be a linear, 30-foot-wide right-of-way (ROW) approximately 4,373.9 feet (0.83 miles) long, of which 1,418.7 feet (0.27 mile) is on BLM lands and 2,955.2 feet (0.56 mile) is on fee (private) lands.

The proposed project would cross lands administered by the BLM (1,418.7 feet) in Eddy County, New Mexico. The BLM CFO-assigned case file number for the proposed project is NM-13829.

 The total permanent right-of-way acreage on BLM lands is 0.98 acre. The BLM CFO would serve as the lead federal agency for the undertaking. The proposed project would be located approximately 5.6 miles east of the city of Malaga (BLM Lands

Township (T.) 24 South (S.), Range (R). 29 East (E.), NMPM Section 22: NE¼NE¼ Section 23: NW¼NW¼

Fee Lands T. 24 S., R. 29 E., NMPM Section 22: NW¼NW¼, NE¼NW¼, NW¼NE¼

On April 12, 2018, SWCA Environmental Consultants (SWCA) conducted a general biological resource survey of the proposed project area. The results of this survey are incorporated into the relevant sections of this environmental assessment (EA). The project is within the Permian Basin Programmatic Agreement Area (PBPA) for cultural resources; therefore, no cultural resources survey was performed.

Environmental Assessment 1 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

The legal land description (New Mexico Principal Meridian [NMPM]) for the proposed project is shown below. Permanent Pipeline ROW

BLM Lands Township (T.) 24 South (S.), Range (R). 29 East (E.), NMPM Section 22: NE¼NE¼ Section 23: NW¼NW¼

Fee Lands T. 24 S., R. 29 E., NMPM Section 22: NW¼NW¼, NE¼NW¼, NW¼NE¼

Environmental Assessment 2 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Figure 1.1. Project vicinity map for the proposed project.

Environmental Assessment 3 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

1.2 Purpose and Need for Action The BLM’s purpose is to respond to Oxy’s request for legal use of, and access across, public lands managed by the BLM by granting one 30-foot-wide pipeline corridor, which would include the construction of the proposed pipeline (see BLM Lands

Township (T.) 24 South (S.), Range (R). 29 East (E.), NMPM Section 22: NE¼NE¼ Section 23: NW¼NW¼

Fee Lands T. 24 S., R. 29 E., NMPM Section 22: NW¼NW¼, NE¼NW¼, NW¼NE¼

Environmental Assessment 4 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

). The BLM’s mandate for multiple uses of public lands includes development of energy resources in a manner that conserves the multitude of other resources found on public lands. The need for the Proposed Action is established by the BLM’s responsibility under the Mineral Leasing Act of 1920 (MLA), as amended (30 United States Code [USC] 181 et seq.). The MLA (Sec. 28 (e)) further gives federal agencies authority to allow temporary uses of federal lands for construction, operation, and maintenance of pipelines. The BLM implementing regulations for this portion of the MLA are found at 43 Code of Federal Regulations (CFR) 2800/2880 and 36 CFR 251. The MLA authorizes the BLM to lease public lands for the development of mineral deposits (including oil, gas, and other hydrocarbons) and permit the development of those leases.

The applicant’s objective is to safely and efficiently transport natural gas from Cedar Canyon to its sales point. 1.3 Decision to be Made The BLM will decide whether to issue the subject right-of-way grant and, if so, under what terms and conditions. 1.4 Conformance with Applicable Land Use Plan(s) The Proposed Action is in conformance with the 1988 BLM Carlsbad Resource Management Plan (RMP) (BLM 1988), as amended by the 1997 Carlsbad Approved Resource Management Plan Amendment (BLM 1997) and the 2008 Special Status Species Approved Resource Management Plan Amendment (BLM 2008a). The 1988 RMP, as amended, provides for the integrated multiple use and sustained yield of resources for the planning area. After review, the BLM has determined that the Proposed Action conforms to the land use plan terms and conditions as required by 43 CFR 1610.5.

Name of Plan: 1988 Carlsbad Resource Management Plan Date Approved: September 1988 Decision: “BLM will encourage and facilitate the development by private industry of public land mineral resources so that national and local needs are met, and environmentally sound exploration, extraction, and reclamation practices are used” (BLM 1988:13).

Name of Plan: 1997 Carlsbad Approved Resource Management Plan Amendment Date Approved: October 1997 Decision: “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)” (BLM 1997:4). The proposed pipelines are within the 95% of oil and gas mineral estate open to development and comply with the Surface Use and Occupancy Requirements. Therefore, the Proposed Action is in conformance with the RMP, as amended.

The proposed project area is not within the management areas identified in the 2008 Special Status Species Resource Management Plan Amendment (BLM 2008a).

The proposed project is located within the boundaries of the Texas hornshell mussel (Popenaias popeii) Candidate Conservation Agreement (CCA), for BLM-managed lands, and Candidate Conservation Agreement with Assurances (CCAA) for private lands (U.S. Fish and Wildlife Service [USFWS] and Center of Excellence for Hazardous Material Management [CEHMM] 2017). A ROW would be granted only after site-specific analysis has occurred (BLM 2008a:6). Site-specific impacts associated with the proposed ROW are analyzed and disclosed in this EA; specifically, impacts to special status species are discussed in this EA (see Section 3.45 and Appendix B).

The Proposed Action is not located in a ROW avoidance area. Therefore, the Proposed Action is in conformance with the RMP, as amended.

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1.5 Relationship to Statutes, Regulations, or Other Plans Various federal and state agencies regulate different aspects of oil and gas infrastructure development. Table 1.1 lists the environmental permits and approvals that could be required for the proposed project.

Table 1.1. Potential Permits, Approvals, and Clearances Needed for Construction, Operation, and Maintenance of the Proposed Project

Statute/Permit/Notification Issuing Agency Status Federal Permit, Approval, or Clearance Application for Transportation and BLM Subject of this EA. Utility Systems and Facilities on Federal Lands / ROW Grant Endangered Species Act of 1973 U.S. Fish and Wildlife A general biological survey was conducted. (16 USC 1531 et seq.) Section 7 Service Findings are described in Section 3.4 and 0. No further consultation with the USFWS is required. Migratory Bird Treaty Act of 1918 BLM The BLM has not identified any (16 USC 703–712) requirements for Migratory Bird Treaty Act compliance other than the requirement to conduct an initial biological survey to document nests and activity. No raptor nests nor passerine nest, active or inactive, were observed in the proposed project area. Clean Water Act Section 402 General U.S. Environmental Exempt based on the 1987 Water Quality Construction (Stormwater) Permit Protection Agency and Act and Section 323 of the Energy Policy New Mexico Environment Act of 2005. Department Clean Water Act Section 404 U.S. Army Corps of Section 3.2 describes impacts to water Permitting Discharges of Dredge or Fill Engineers resources. A biological survey was Material into Waters of the U.S. conducted: no potential jurisdictional water (including wetlands) features were identified. No Section 404 permit is required. State Permit, Approval, or Clearance Clean Water Act Section 401 Water New Mexico Environment Section 3.2 describes impacts to water Quality Permit Department resources. A biological survey was conducted: no potential jurisdictional water features were identified. No Section 401 permit is required. Clean Air Act New Mexico Environment Impacts to air quality are described in New Mexico Air Quality Control Act Department Section 3.1. No New Mexico Environment Department new source permit is required. National Historic Preservation Act of State Historic Preservation The proposed project area is within the 1966, as amended; Section 106 Office PBPA; therefore, cultural resources surveys were not conducted. Refer to Section 3.77 for additional details. Any consultation with the State Historic Preservation Office would be managed by the BLM.

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Statute/Permit/Notification Issuing Agency Status Tribal communications: consultation to Native American tribes Any consultation with Native American determine if the proposed project would tribes would be managed by the BLM. impact receptors of cultural importance

1.6 Scoping, Public Involvement, and Issues Appropriate scoping helps identify issues, resources, and resource uses that could be impacted, reducing the chances of overlooking a potentially significant issue or reasonable alternative. Scoping takes place internally within the BLM via meetings with resource specialists. Resource issues identified for the proposed project are listed in Table 1.2. No formal public scoping has occurred for the proposed project.

Table 1.2. Resource Issues Identified for the Proposed Project

Resource/Issue Issue for Detailed Analysis Air Resources How would the proposed project impact air quality, especially during construction of the proposed project? Watershed Drainages How would the proposed project affect the watershed and potential surface water resources, including drainages and playas? How would the proposed project affect the potential floodplain crossed by the proposed project? Soils How would the surface disturbance associated with the proposed project affect soils? Vegetation and Invasive How would the proposed project affect vegetation? How would the proposed Non-native Species project minimize the spread of invasive non-native species? Wildlife and Special Status How would the proposed project and associated noise impacts affect habitat for Species wildlife and migratory birds? How would the proposed project and associated noise impacts affect special status species with the potential to occur in the proposed project area? Karst Resources The proposed project is within a medium karst zone as mapped by the BLM CFO. How would surface-disturbing activities impact potential karst resources? Cultural Resources and How would surface-disturbing activities affect cultural resources? Native American Religious Concerns Paleontological Resources What is the Potential Fossil Yield Classification of the proposed project area and potential impact to paleontological resources? Livestock Grazing How would the proposed project impact livestock grazing in the vicinity of the proposed project? Public Health and Safety How would proposed project construction and ongoing activities impact public health and safety?

Resource issues considered by BLM for potential impacts from the proposed project and then dismissed from further analysis in this EA are listed in Table 1.3 with rationale for the dismissal.

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Table 1.3. Resource Issues Considered but not Analyzed in Detail for the Proposed Project

Resource/Issue Rationale for Dismissal from Detailed Analysis Special Designations and There are no specially designated areas within the proposed project area nor areas Recreation managed for recreation. The closest specially designated areas is the Pecos River Canyons Complex Area of Critical Environmental Concern/Special Management Area, located approximately 4,600 feet southeast of the proposed project area. Visual Resources The project is within Visual Resource Management Class IV, which allows for major modifications to the landscape. The permanent facilities would be consistent with the existing infrastructure in the area and any aboveground equipment would be painted by the operator in a BLM Standard Environmental Color chosen to minimize visual contrast with the surroundings. Standard visual conditions of approval would apply (BLM 1997:Appendix 2). Socioeconomic Conditions The small number of jobs created and the temporary status of those jobs does not warrant detailed analysis in this EA. Environmental Justice No environmental justice population, as defined by Executive Order 12898 (U.S. Environmental Protection Agency 2015) would be affected by the proposed project.

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2 PROPOSED ACTION AND ALTERNATIVES 2.1 Proposed Action Oxy is proposing to construct approximately 4,373.9 feet (0.83 miles) of ROW corridor to install one 16-inch-diameter steel pipeline for natural gas transport within a single trench. Oxy is seeking authorization from the BLM CFO for permanent use for the portion of the proposed project that crosses BLM-managed lands (Table 2.1, Error! Reference source not found.).

The proposed project would effectively move Oxy’s Cedar Canyon gas to its sales point (see Error! Reference source not found.). The ROW corridor would occupy a 30-foot width. No additional temporary workspace is needed for this project. All surface disturbance associated with the proposed project area not needed for active, ongoing support of production and maintenance operations would be reclaimed following construction.

Oxy would use existing roads to access the proposed project area. The existing access roads that would be used to enter the proposed project area are not included in the proposed project area footprint analyzed in this EA since no improvements to these existing roads are proposed. It is expected that construction would commence following receipt of all federal and state approvals.

Table 2.1. Proposed Project Disturbance from the Cedar Canyon Buried Natural Gas Pipeline Right-of-Way Project

Land Project Element Length (feet) Total Proposed Disturbance (acres) Ownership 4,373.9-foot linear pipeline corridor BLM CFO 1,418.7 0.98 (30-foot-wide permanent easement) Private (Fee) 2,955.2 2.03

Total area of project footprint 3.01

Environmental Assessment 9 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Figure 2.1. Proposed project area.

Environmental Assessment 10 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

2.2 No Action BLM National Environmental Policy Act (NEPA) Handbook H-1790-1 states that for EAs on externally generated applications, the No Action alternative generally means the request for the proposed activity would be denied (BLM 2008b:52). This option is provided in 43 CFR 3162.3-1(h) (2). Under this alternative, the BLM would not approve the Application for Transportation and Utility Systems and Facilities on Federal Lands (SF-299) submitted by the applicant, the proposed pipeline would not be built, and the associated surface disturbance would not occur. 2.3 Alternatives Considered but Eliminated from Detailed Study Once the proposed pipeline route was identified for the Proposed Action, biological resource investigations were conducted. The proposed route and design would meet the BLM’s purpose and need while minimizing environmental impacts to the greatest extent possible. Potential impacts to natural resources would be minimized through implementation of mitigation measures described in Chapter 3 of this EA and the conditions of approval (COAs) selected by the BLM.

Internal scoping did not identify any additional, viable alternatives to the Proposed Action.

Environmental Assessment 11 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

3 AFFECTED ENVIRONMENT AND ENVIRONMENTAL CONSEQUENCES

This chapter is organized by relevant major resources or issues/concerns as presented in Section 0. On the basis of Council on Environmental Quality guidance and BLM NEPA Handbook H-1790-1, the following discussion is limited to those resources or resource uses that could be impacted to a degree that warrants detailed analysis (40 CFR 1502.15) (BLM 2008b:96) as determined by the BLM CFO interdisciplinary team.

Projects requiring approval from the BLM such as ROWs can be denied when the BLM determines that adverse effects to resources (direct or indirect) cannot be mitigated to reach a Finding of No Significant Impact (FONSI). Under the No Action Alternative, the proposed project would not be constructed and there would be no new impacts to any elements of the human environment from approval of the proposed project. The No Action Alternative would result in the continuation of the current land and resource uses in the project area and is used as the baseline for comparison of environmental effects of the Proposed Action. 3.1 Air Resources 3.1.1 Affected Environment Air quality and climate are components of air resources that may be affected by the Proposed Action. Therefore, the BLM must consider potential effects of BLM and BLM-authorized activities on air resources as part of the planning and decision-making process.

Technical information related to air resources and climate change associated with oil and gas development, and the methodology and assumptions used for analysis, are summarized in the Air Resources Technical Report for Oil and Gas Development: New Mexico, Oklahoma, Texas and Kansas (herein referred to as the Air Quality Technical Report) (BLM 2016). The Air Quality Technical Report lists the National Ambient Air Quality Standards (NAAQS) (BLM 2016:4–5) and describes the types of data used for description of the existing conditions (BLM 2016:6) and how the pollutants are related to the activities involved in oil and gas development (BLM 2016:7–14). A qualitative overview of air quality and climate are discussed in this section. Air Quality The BLM and BLM-authorized actions are required to comply with the Clean Air Act (CAA) and consider impacts of these actions to air quality on its managed lands. Hazardous Air Pollutants The Air Quality Technical Report discusses the relevance of hazardous air pollutants (HAPs) to oil and gas development and infrastructure, and the particular HAPs that are regulated in relation to these activities (BLM 2016:14–15). The U.S. Environmental Protection Agency (EPA) conducts a periodic National Air Toxics Assessment (NATA) that quantifies HAP impacts by county in the United States. 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 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 2011). Existing Air Quality EPA’s Green Book webpage reports that Eddy, Lea, and Chaves Counties are in attainment for all NAAQS as defined by the CAA (EPA 2016). In 2011, the CFO contracted with Applied EnviroSolutions (AES) to provide an emissions inventory for the CFO planning area, including Chaves, Eddy, and Lea Counties (AES 2011). This information is more up to date than that available from the EPA’s most recent emissions inventory and is specific to the CFO planning area. Monitored values for criteria pollutants (except carbon

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monoxide [CO]1) from the 2011 emissions inventory also show that the CFO planning area is in attainment with the NAAQS.

The Analysis of the Management Situation (AMS) for the CFO (BLM 2014a) discusses the sources of and the human health and safety concerns associated with criteria pollutants. Based on air quality analysis documented in the AMS, the criteria pollutant of most concern in the planning area is ozone (O3). One county in the planning area, Eddy County, exceeded the 8-hour O3 standard once in 2002 and once in 2006; however, it did not violate the 3-year rolling average.2 No other violations of air quality standards have occurred within the planning area. At present, O3 levels are close to the regulatory limit (BLM 2014a). Other criteria pollutants of concern include nitrogen oxides (NOx) (including NO2 [nitrous oxide]), sulfur dioxide (SO2), and particulate matter (particulate matter equal to or less than 10 microns in diameter [PM10] and particulate matter equal to or less than 10 microns in diameter [PM2.5]). CO and lead (Pb) emissions are not considered major criteria pollutants in the CFO planning area (BLM 2014a). Climate Existing 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 90 degrees Fahrenheit (°F) with occasional temperatures over 110°F (Western Regional Climate Center 2018). Winter minimum temperatures are generally between 20°F and 40°F with extremes remaining above 0°F. 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 3.1 presents climate averages for Carlsbad between 1981 and 2010. Table 3.1. Climate Averages for Carlsbad, 1981–2010

Climate Condition Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Temperature (°F) 42.6 47.2 54.0 62.4 71.5 79.3 81.2 79.9 73.2 62.9 51.5 42.8 Maximum temperature (°F) 57.5 62.7 70.2 78.5 86.9 94.4 94.6 93.1 87.0 78.1 67.1 57.5 Minimum temperature (°F) 27.6 31.7 37.9 46.2 56.0 64.3 67.7 66.6 59.4 47.7 35.8 28.0 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: National Oceanic and Atmospheric Administration (2011).

3.1.2 Impacts from the Proposed Action Direct and Indirect Impacts Air Quality In 2014, the BLM released an Instruction Memorandum (IM) providing national guidance for the BLM on quantifying air emissions and on the use of air emissions estimating tools (BLM 2014b). The IM stipulates that this may be a useful step, under some circumstances, to estimate air emissions from resource management activities for analysis. However, the IM does not require air emissions to be quantified when preparing NEPA documents for a project in an attainment area, where the emissions would not be estimated to exceed the NAAQS (BLM 2014b).

Criteria for assessing air quality impacts are based on existing regulatory requirements across all applicable jurisdictions. Eddy, Chaves, and Lea Counties satisfy all NAAQS for monitored pollutants and are classified

1 There are no monitors for CO (carbon monoxide) in the CFO planning area because CO levels are currently not an issue. 2 When assessing annual emissions for criteria pollutants, a 3-year rolling average accounts much of the year-to-year fluctuations in order to assess yearly trends. Environmental Assessment 13 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

as attainment areas for those pollutants. These counties are unclassified with regard to those pollutants that are not monitored in those counties (BLM 2014b).3

In 2011, the U.S. Department of Agriculture (USDA), U.S. Department of the Interior, and the EPA signed a Memorandum of Understanding (MOU) regarding air quality analyses and mitigation for federal oil and gas decisions made through the NEPA process (USDA et al. 2011). The MOU focuses on analyzing and addressing air quality impacts (direct, indirect, and cumulative) associated with federal actions related to on-shore oil and gas planning, leasing, or field development (including exploration, development, and production). The MOU directs air quality modeling to be conducted if specific criteria are met, such as whether the action will result in a Substantial Increase in Emissions (i.e., emissions resulting from the action may cause or contribute to exceedances of the NAAQS) (see Section V.E.3 of the MOU). The Proposed Action is not anticipated to cause a Substantial Increase in Emissions as defined by the MOU. See the cumulative analysis for more information about contribution of emissions (Section 3.11.1). Generally, potential impacts to air resources as a result of the Proposed Action include construction emissions (those emissions that are expected to be temporary) and operational emissions (those emissions that are expected to occur annually during operation of the Proposed Action). Typical construction-related emissions likely to be produced by the Proposed Action are greenhouse gases (GHGs), PM10, NOx, and CO. These emissions are anticipated to result from exhaust from construction vehicles, material movement, and equipment; exhaust from construction worker commuting; and fugitive dust from general construction activities and earthmoving; and pipeline sandblasting and coating. Construction emissions would be short- term, lasting only the duration of construction, and would not result in a substantial increase in emissions. These temporary impacts would be negligible and would not cause or contribute to exceedances of the NAAQS.

Operational-related emissions likely to be produced as a result of the Proposed Action include GHGs, CO, volatile organic compounds, and NOx. These emissions are attributable to aboveground fugitive emissions from inspection and maintenance of the equipment (including exhaust from inspection vehicles and aerial inspections, and fugitive dust from vehicular use of unpaved roads). Fugitive dust emissions may also result from annual maintenance of repair of access roads. Periodic inspection and maintenance activities would occur during the operation phase of the proposed project. Emissions from operation and maintenance of the Proposed Action would be minimal and would not result in significant impacts to air resources. Mitigation Measures Measures to minimize or eliminate impacts to air quality are described in COAs (BLM 1997:Appendix 2) for buried and surface installed pipelines. No further mitigation measures have been recommended. 3.2 Watershed Drainages 3.2.1 Affected Environment Surface Hydrology The surface water supplies in the southern portion of Eddy County are transitory and limited to quantities of runoff impounded in short drainageways, shallow lakes, and small depressions, including various playas and lagunas (New Mexico Office of the State Engineer [NMOSE] 2016). The proposed project crosses one watershed: the Delaware River-Pecos River Watershed, as defined by the 10-digit Hydrologic Unit Code (HUC) (Table 3.2). This watershed is wholly contained within the Pecos River Basin (NMOSE 2016). There are no New Mexico Outstanding National Resource Waters within this watershed.

3 As the Proposed Action is not located in a nonattainment or management area, the General Conformity Rule does not apply and a conformity determination, through the identification, analysis, and quantification of emission impacts of the Proposed Action is not required. Environmental Assessment 14 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Table 3.2. Watersheds Crossed by the Proposed Project

Portion of Proposed Project Area Total Watershed Size Watershed Name HUC-10/ID within the Watershed (acres) (acres) Delaware River-Pecos River 1306001114 3.01 145,332

A biological survey of the proposed project area was conducted on April 12, 2018, to determine the presence of potential waters of the U.S., as defined by the U.S. Army Corps of Engineers (USACE), including wetlands and special aquatic sites. Potential waters of the U.S. were identified by the presence of an ordinary high-water mark (OHWM), defined bed and bank, or the three mandatory USACE wetland criteria: hydrophytic vegetation, hydric soils, and wetland hydrology (USACE 1987, 2008a, 2008b). The presence of playas and vegetated depressions were also investigated in the field according to BLM CFO guidance (BLM 2015).

Based on review of the U.S. Geological Survey’s National Hydrography Dataset and the USFWS’s National Wetland Inventory, there were no potential jurisdictional surface water features within the proposed project area (USFWS 2018a; U.S. Geological Survey 2018). During the 2018 biological survey, no potential waters of the U.S. or BLM CFO-defined playas or vegetated depressions were identified within the proposed project area.

According to the Federal Emergency Management Agency (FEMA) Flood Map Service Center data, approximately 2,952 linear feet (2.0 acres) of the proposed project area lies within Zone A mapped floodplains (Appendix A, Figure A-1). Zone A floodplains represent 100-year floodplains that have a 1% chance of being inundated in a given year (FEMA 2015).

3.2.2 Impacts from the Proposed Action Direct and Indirect Impacts No potential waters of the U.S. were identified during the biological survey of the proposed project area. Therefore, no direct impacts to waters of the U.S. would occur from the proposed project. Furthermore, no playas or vegetated depressions, as defined by the BLM CFO, were identified during the biological survey; therefore, no direct impacts to these features would occur from the proposed project.

The potential to impact water resources primarily lies with the indirect impacts that could occur due to stormwater runoff from pipeline and other project features construction activities into downstream playas and other aquatic resources. The proposed project would have no indirect impact on the Pecos River because no direct tributaries to the river are present within or adjacent to the proposed project area.

Standard practices of the proposed project that minimize impacts to the watershed and water quality include using existing surface disturbance, minimizing the pipeline total surface disturbance to the greatest extent possible, minimizing vehicular use, placing parking and staging areas on caliche-surfaced areas, reclaiming the areas not necessary for production, and quickly reestablishing vegetation on the reclaimed areas.

Hydrostatic test water would be disposed at a permitted off-site disposal facility after testing of the pipelines occurs. No surface discharge is intended or planned as a result of the proposed project. Therefore, no impacts to water resources would occur from hydrostatic testing. Mitigation Measures Measures to minimize or eliminate impacts to water resources are described below and in the standard COAs (BLM 1997:Appendix 2) for buried and surface installed pipelines. No special mitigation has been identified by the BLM.

 Stockpiling of topsoil is required. The topsoil would be stockpiled in an appropriate location to prevent loss of soil due to water or wind erosion and not used for berming or erosion control.

Environmental Assessment 15 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

3.3 Soils 3.3.1 Affected Environment According to the Natural Resources Conservation Service (NRCS 2018a), four soil units are mapped within the 3.01-acre proposed project area (Table 3.3).

Table 3.3. Soils in the Proposed Project Area Percent of Soil Type Acres in Proposed Soil Map Unit Proposed Project Symbol Project Footprint Area Anthony sandy loam, 0 to 1 percent slopes Aa 0.31 11.0 Anthony sandy loam, 0 to 1 percent slopes, eroded Ah 0.24 7.6 Arno silty clay loam, 0 to 1 percent slopes An 1.44 47.1 Kermit-Berino fine sands, 0 to 3 percent slopes KM 1.02 34.3 TOTAL 3.01 100.0 Source: NRCS (2018a) The soil units have similar characteristics in that all are considered moderately well drained to excessively drained soils. The Anthony sandy loam, 0 to 1 percent slopes (Ah) and the Arno silty clay loam, 0 to 1 percent slopes (An) are classified as hydric soils. The Anthony sandy loam, 0 to 1 percent slopes soil unit (Aa) and the An soil unit are considered prime farmland soil (NRCS 2018a). No biological soil crusts were observed during the April 2018 biological survey.

3.3.2 Impacts from the Proposed Action Direct and Indirect Impacts Physical disturbance to soils from construction of the proposed project would occur. 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 the following standard practices, which include using existing surface disturbance, minimizing the pipeline’s total surface disturbance, minimizing vehicular use, reclaiming the areas not necessary for production, and quickly establishing vegetation on the reclaimed areas. Mitigation Measures Measures to minimize or eliminate impacts to soils are described below and in the standard COAs (BLM 1997:Appendix 2) for buried and surfaced installed pipelines. No special mitigation has been identified by the BLM.  Interim reclamation would be conducted on all disturbed areas not needed for active support of production and maintenance operations, and if caliche is used as a surfacing material it would be removed at time of reclamation to mitigate impacts to soil resources. 3.4 Vegetation and Invasive, Non-Native Species 3.4.1 Affected Environment The proposed project is located within the Chihuahuan Deserts: Chihuahuan Desert Basins and Playas EPA Level IV ecoregion (Griffith et al. 2006). During the biological survey, biologists identified one general type of vegetation community within the proposed project area: Chihuahuan Desert scrub with mesquite hummocks, including some overlap with fallow agricultural fields. At the time of the survey, the Chihuahuan

Environmental Assessment 16 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Desert scrub community at this locale was dominated by shrub species (30% cover) with a grass component (4% cover). A full list of plant species recorded during the biological survey is presented in Table 3.5.

Table 3.4. Plant Species Observed during the Biological Survey of the Proposed Project Area

Common Name Scientific Name Dwarf desert peony Acourtia nana Four-wing saltbush* Atriplex canescens Burning bush Bassia scoparia Black grama Bouteloua eriopoda Blue grama* Bouteloua gracilis Javelina bush* Condalia ericoides Grassland croton Croton dioicus Broom snakeweed* Gutierrezia sarothrae Creosote bush Larrea tridentata Purple opuntia Opuntia macrocentra Mariola Parthenium incanum Tobosagrass* Pleuraphis mutica Honey mesquite* Prosopis glandulosa Russian thistle Salsola tragus Burrograss* Scleropogon brevifolius Pricklyleaf dogweed Thymophylla acerosa Plains yucca Yucca glauca Note: Nomenclature follows the PLANTS Database (NRCS 2018b). * Refers to dominant species within corresponding vegetative community.

Invasive, Non-native Plant Species During the biological survey, no State of New Mexico- or federally listed noxious weeds were identified within the proposed project area (New Mexico Department of Agriculture 2016; USDA 2018). The BLM participates in an invasive species monitoring and treatment program in Eddy County. Based on review of the BLM CFO’s noxious weed treatment geographic information system (GIS) shapefile, the proposed project area is approximately 1,900 feet west of a previously treated noxious weed area along the Pecos River. This area was treated for Tamarisk (Tamarix spp.) in 2008.

3.4.2 Impacts from the Proposed Action Direct and Indirect Impacts Impacts to plant communities and habitats from the construction of the pipelines would include 3.01 acres (0.98 acre would be located on BLM CFO-managed lands) of short-term, direct impacts from vegetation removal. Short-term impacts would occur during site preparation and would continue until revegetation of the proposed project area is achieved. Faster-growing plants are estimated to establish approximately 2 years after construction, depending on timely rainfall. Temporary surface disturbance from construction of the proposed project area, including the buried pipeline corridor, would be reclaimed with a BLM- prescribed seed mixture. Any surface disturbance can increase the possibility of establishment of new

Environmental Assessment 17 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

populations of invasive, non-native species. Noxious weed seeds could be carried to and from the proposed project area by construction equipment and transport vehicles.

Impacts to vegetation are reduced by following standard practices, which include using existing surface disturbance, minimizing surface disturbance to the greatest extent possible, 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. Mitigation Measures Measures to minimize or eliminate impacts to vegetation and noxious weeds are described below and in the standard COAs (BLM 1997:Appendix 2) for buried and surface installed pipelines. No special mitigation has been identified by the BLM.  Interim reclamation would be conducted on all disturbed areas not needed for active support of production and maintenance operations, and if caliche is used as a surfacing material it would be removed at time of reclamation to enhance reestablishment of vegetation.  Topsoil would be conserved in stockpiles and uniformly redistributed after construction is completed to enhance reclamation.  The operator would be held responsible if noxious weeds become established within the areas of operations. Weed control would be required on the disturbed land where noxious weeds exist, which includes the pipeline corridors and adjacent land affected by the establishment of weeds due to this action. The operator would consult with the Authorized Officer for acceptable weed control methods, which include following EPA and BLM requirements and policies. 3.5 Wildlife and Special Status Species 3.5.1 Affected Environment The Chihuahuan Deserts: Chihuahuan Desert Basins and Playas ecoregion (Griffith et al. 2006) provides habitat for a variety of wildlife species. During the April 2018 biological survey, SWCA biologists detected one bird species and four mammal species (see Table 3.5). In addition, SWCA biologists did not record any passerine or raptor nests, active or inactive, within the proposed project area during the biological survey.

Table 3.5. Wildlife Detected during the Biological Survey of the Proposed Project Area

Common Name Scientific Name Birds Mourning dove Zenaida macroura Mammals Coyote Canis latrans Pocket gopher Geomys sp. Black-tailed jackrabbit Lepus californicus Desert cottontail rabbit Sylvilagus audubonii

In addition to the species identified in the preceding table, other game species that have the potential to occur in and around the proposed project area include javelina (Pecari tajacu) and pronghorn (Antilocapra americana). Furbearer game species likely to occur in the proposed project area include badger (Taxidea taxus), long-tailed weasel (Mustela frenata), gray fox (Urocyon cinereoargenteus), red fox (Vulpes vulpes), and bobcat (Lynx rufus) (Findley et al. 1975; Frey 2004).

Environmental Assessment 18 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos) are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. Bald eagles are unlikely to occur in the proposed project area due to lack of trees and preferred prey. Golden eagles could forage in the proposed project area, especially outside the breeding season when they can perch on utility poles far from cliffs and other rugged terrain. Special Status Species The special status species evaluated in this EA consist of 1) all federally protected (i.e., endangered and threatened) species, 2) additional species listed by the USFWS as candidate and proposed and species under review (USFWS 2018b), 3) state-listed endangered and threatened species (Biota Information System of New Mexico 2018; New Mexico Energy, Minerals and Natural Resources Department 2018), and 4) BLM sensitive species, some of which are also listed as candidates or are under the review by the USFWS and/or are State-listed. The BLM manages certain sensitive species that are not federally listed as threatened or endangered in order to prevent or reduce the need to list them as threatened or endangered in the future. The authority for this policy and guidance is established by the Endangered Species Act, as amended; Title II of the Sikes Act, as amended; the Federal Land Policy and Management Act of 1976; and Department of the Interior Manual 235.1.1A.

Based on the April 2018 biological survey of the proposed project area, one special status species—the Texas hornshell—has potential to occur within drainages downstream of the proposed project area (Table 3.6). See Table B.1 in Appendix B for the full list of species evaluated for the proposed project.

Table 3.6. Special Status Species with the Potential to Occur in the Proposed Project Area

Common Name Potential for Occurrence in Status Range or Habitat Requirements (Scientific Name) Proposed Project Area

Invertebrates

Texas hornshell USFWS E Historically this species occurred in the Pecos- Unlikely to occur directly within (Popenaias popeii) NM E Rio Grande drainage. Currently, this species is the proposed project area; found in four distinct locations, including the however, the proposed project is Black River and Delaware River in New located adjacent to Zone D of the Mexico and the lower Rio Grande River and CCA which is considered the Devil’s River in Texas. This species is part upstream of suitable habitat for of the Candidate Conservation Agreement. this species. Construction This species is associated with larger streams associated with the proposed and a variety of substrates. Imbeds itself in project is not anticipated to softer bottoms, but lodges itself in cracks and directly impact the river. crevices, where it is probably immobile. Additionally, mitigation measures would be implemented to avoid indirect impacts to the Pecos River.

Environmental Assessment 19 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Common Name Potential for Occurrence in Status Range or Habitat Requirements (Scientific Name) Proposed Project Area

Reptiles

Texas horned lizard BLM Inhabits arid and semiarid areas in the May occur in the proposed (Phrynosoma Sensitive southwestern United States, characterized by project area due to the presence cornutum) open country with little vegetation. These of the Chihuahuan desert scrub areas often consist of grasses interspersed with vegetation community. This cacti, yucca (Yucca sp.), mesquite (Prosopis species was not observed during sp.), and other assorted woody shrubs and the biological survey of the trees. In New Mexico, the species is associated proposed project area. with Yucca-Prosopis-Ephedra and Larrea- Acacia-Fouquieria habitat, often in playas or on bajadas and mountain foothills.

Birds

Loggerhead shrike BLM The loggerhead shrike is a year-round resident May occur in the proposed (Lanius Sensitive in New Mexico and is found throughout the project area due to the presence ludovicianus) state, primarily in open country including of the Chihuahuan desert scrub grasslands, improved pastures, hayfields, shrub vegetation community. This steppe, and desert scrub, as well as piñon- species was not observed during juniper woodland and woodland edges. the 2018 biological survey of the proposed project area.

Texas hornshell mussel The Texas hornshell mussel (Popenaias popeii) was listed by the USFWS as an endangered species on March 12, 2018. This species is also listed as endangered by the New Mexico Department of Game and Fish (NMDGF). The USFWS, BLM, and Center of Excellence for Hazardous Materials Management (CEHMM) have formed the Candidate Conservation Agreement (CCA), which is a voluntary agreement administered by CEHMM to facilitate cooperation between energy developers, including oil and gas operators, and other stakeholders on federal lands to implement mitigation measures (below) and Conservation Measures (which include revegetation of native riparian species along rivers, land or water acquisition, etc.) to eliminate threats to this species and its habitat, as well as several other riparian species, known as the “Covered Species” (Texas hornshell mussel, Rio Grande cooter [Pseudemys gorzugi], gray redhorse [Moxostoma congestum], blue sucker [Cycleptus elongatus], and the Pecos springsnail [Pyrgulopsis pecosensis]) with similar habitat. The Candidate Conservation Agreement with Assurances (CCAA) was developed in accordance with the CCA for State and private lands. In order to facilitate the CCA, members will either enroll voluntarily and receive a Certificate of Participation to carry out management objectives, and contribute funding to in-kind services or be enrolled automatically as a Federal Land User by holding permits, leases, grants, or other authorizations issued by the BLM to operate on BLM- managed lands (USFWS and CEHMM 2017).

The Texas hornshell mussel is a freshwater mussel that historically occurred in the Pecos-Rio Grande drainage. However, most of the historical range of this species is no longer considered suitable habitat, including the Pecos River, which has a high salinity that creates an intolerable environment for this species. Currently, the Texas hornshell mussel is known from four widely separated locations: the Black River in New Mexico, the Lower Rio Grande in Texas, the Devil’s River in Texas, and the Delaware River in New Mexico. The USFWS, the BLM, and CEHMM have categorized the “Covered Area,” or the four riparian management “zones” in New Mexico and Texas, as well as the area outside these zones that falls within the CCA boundary for the Texas hornshell mussel and the other “Covered Species” (see Appendix B of the CCA for additional details on each zone).

Environmental Assessment 20 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

3.5.2 Impacts from the Proposed Action Direct and Indirect Impacts General Wildlife Impacts of the Proposed Action to wildlife in the localized area may include but are not limited to possible mortality, habitat degradation and fragmentation, avoidance of habitat during construction and drilling activities, and the potential loss of burrows and nests.

Standard practices and elements of the Proposed Action minimize these impacts to wildlife. These include interim reclamation, minimized cut and fill, and avoidance of wildlife waters, stick nests, drainages, playas, and dune 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. Special Status Species The special status species evaluated for potential to occur in the proposed project area are listed in Error! Reference source not found. and evaluated for possible impacts. The New Mexico Department of Game and Fish (2003) trenching guidelines should be followed to minimize impacts to wildlife, particularly the Texas horned lizard (Error! Reference source not found.). Texas hornshell mussel The proposed project area occurs adjacent to Zone D of the CCA. Oxy is a participant in the CCA and understands that construction associated with the proposed project is considered a “Covered Activity” in the CCA. Mitigation Measures Measures to minimize or eliminate impacts to wildlife are described in the standard COAs (BLM 1997:Appendix 2; BLM 2008a:7, 8) for buried and surface installed pipelines. No special mitigation has been identified by the BLM. Conservation measures outlined in the CCA would be followed. 3.6 Karst Resources 3.6.1 Affected Environment The proposed project area is located in the Carlsbad Basin, an area characterized by older alluvial deposits of upland plains and piedmont areas, and calcic soils and eolian cover sediments of High Plains region. The type of landscape characterized by rock susceptible to dissolution, including carbonate rocks, gypsum, and salt deposits, is collectively known as karst terrain. Karst terrain may contain features such as 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. Sinkholes and cave entrances collect water and can accumulate rich organic materials and soils. This, in conjunction with the stable microclimate near cave entrances, supports a greater diversity and density of plant life, which provides habitat for a greater diversity and density of wildlife, such as insects, rodents, mammals, and reptiles. The interior of many caves supports a large variety of troglobitic, or cave environment-dependent, species. These troglobitic species have adapted specifically to the cave environment due to constant temperatures, constant high humidity, and complete darkness. Many of the caves in this area contain fragile cave formations known as speleothems.

The BLM categorizes all areas within the CFO as having either low, medium, high, or critical karst potential based on geology, occurrence of known caves, density of karst features, and potential impacts to freshwater aquifers. The entire proposed project, approximately 3.01 acres, occurs within the medium karst potential zone and is located approximately 16,000 feet northeast of the nearest high karst potential zone. A medium karst potential zone is defined as a locale with known soluble rock types located at surface level or within Environmental Assessment 21 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

300 feet of the surface and which may have shallow insoluble overburden or soils masking surface features. These areas may contain isolated karst features such as caves and sinkholes.

3.6.2 Impacts from the Proposed Action Direct and Indirect Impacts A possibility exists for slow subsidence or sudden collapse of a sinkhole, cave passage, or void during project construction, including construction of roads, pipelines, well pads and utilities, with associated safety hazards and the potential for increased environmental impact. Bedrock integrity and natural surface drainage systems could be impacted during construction. Slow subsidence or sudden collapse of sinkholes may also leave pipelines hanging and increase their possibility of leaking or failure. These subsidence processes could be triggered or enhanced by intense vibrations from construction or by rerouting or focusing of surface drainages. Facilities may also be subject to slow subsidence or sudden collapse of the underlying bedrock. This would cause associated safety hazards to the operator and the potential for increased environmental impact. Cave fauna would also be potentially impacted through displacement and possible mortality.

Surface facilities, such as pipelines, may fail and allow contaminants, such as salt water, oil, or other hydrocarbons, to enter caves and freshwater systems. Cave and karst features provide direct conduits leading to groundwater. These conduits, through rainfall and surface runoff, can quickly transport surface and subsurface contaminants directly into underground water systems and freshwater aquifers without filtration or biodegradation.

Additionally, 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. Mitigation Measures Measures to minimize or eliminate impacts to karst resources are described in the standard COAs (BLM 1997:Appendix 3). Special mitigation measures may include the following:

 In the event that any underground voids are encountered during construction, construction activity would be halted and the BLM would be notified immediately.  A leak detection system would be required to provide an early alert to operators when a leak has occurred.  Automatic shut-off, check values, or similar systems would be installed for pipelines to minimize the effects of line failures used in production drilling. 3.7 Cultural Resources 3.7.1 Affected Environment The project falls within the Southeastern New Mexico Archaeological Region. This region contains the following cultural/temporal periods: Paleoindian (ca. 11,500–7000 B.C.), Archaic (ca. 6000 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–present). Sites representing any or all of these periods are known to occur within the region. A more complete discussion of the periods and site types is provided in the Permian Basin Research Design (Railey 2016). Native American Religious Concerns The BLM conducts Native American consultation regarding traditional cultural properties (TCPs) and sacred sites during land use planning and its associated environmental impact review. In addition, during the oil and gas lease sale process, Native American consultation is conducted to identify TCPs and sacred sites

Environmental Assessment 22 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

whose management, preservation, or use would be incompatible with oil and gas or other land use authorizations. With regard to TCPs, 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 construction.

3.7.2 Impacts from the Proposed Action PERMIAN BASIN PA INSERT FOR DIRECT AND INDIRECT IMPACTS: Direct and Indirect Impacts A segment of the project falls within the area covered by the PBPA. The PBPA is an optional method of compliance with Section 106 of the National Historic Preservation Act for energy-related projects in a 28-quadrangle area of the CFO planning area. The PBPA is a form of off-site mitigation that allows industry to design projects to avoid known National Register of Historic Places (NRHP)-eligible cultural resources and to contribute to a mitigation fund in lieu of paying for additional archaeological inventory in this area that has received adequate previous survey. Funds received from the PBPA will be used to conduct archaeological research and outreach in southeastern New Mexico. Research would include archaeological excavation of significant sites, predictive modeling, and targeted research activities, as well as professional and public presentations on the results of the investigations.

The proponent chose to participate in the PBPA by planning to avoid all known NRHP-eligible and potentially eligible cultural resources. The proponent has contributed funds commensurate to the undertaking into an account for off-site mitigation. Participation in the PBPA serves as mitigation for the effects of this project on cultural resources. If any skeletal remains that might be human or funerary objects are discovered by any activities, the project proponent would cease activities in the area of discovery and notify the BLM within 24 hours as required by the PBPA.

NON PERMIAN INSERT FOR DIRECT AND INDIRECT IMPACTS: Direct and Indirect Impacts 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 NEPA). Class III cultural surveys would 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 NRHP. 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 would halt and the BLM authorized officer would be immediately notified. Work would not resume until a Notice to Proceed is issued by the BLM.

A Class III cultural resource inventory was conducted (report no.) and no historic properties were identified within the area of potential effects. Mitigation Measures Measures to minimize or eliminate impacts to cultural resources are described in the standard COAs (BLM 1997:Appendix 2) for buried and surface-installed pipelines. No special mitigation has been identified by the BLM. 3.8 Paleontological Resources 3.8.1 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

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resources include not only the actual fossils but also the geological deposits that contain them and are recognized as non-renewable scientific resources protected by federal statutes and policies.

The primary federal legislation for the protection and conservation of paleontological resources on federally administered lands are the Paleontological Resources Preservation Act of 2009, the Federal Land Policy and Management Act, and NEPA. The BLM has also developed policy guidelines for addressing potential impacts to paleontological resources (BLM 1998a, 1998b, 2008c). 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 to 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 (BLM 2007). The fossil resources of concern in this area are the remains of vertebrates, which include species of fish, amphibians, and mammals.

3.8.2 Impacts from the Proposed Action Direct and Indirect Impacts 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 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 two geologic units: Piedmont alluvial deposits (Qp) and alluvium (Qa), residing in the upper and middle Quaternary layers. This geologic unit is within PFYC 2, where management concern is negligible. A pedestrian survey for paleontological resources was not necessary and no impacts to paleontological resources are expected. Mitigation Measures Measures to minimize or eliminate impacts to paleontological resources are described in the standard COAs (BLM 1997:Appendix 2) for buried and surface installed pipelines. No special mitigation has been identified by the BLM. 3.9 Livestock Grazing 3.9.1 Affected Environment Almost all livestock grazing within the BLM CFO planning area is permitted for year-round use. Permitted livestock numbers for each allotment are set at levels that provide for plant recovery to enhance rangeland health. These levels have been determined by quantitative measurements of forage present. Prolonged drought and rangeland wildfire continues to threaten rangeland health and forage availability within and near the proposed project area.

Livestock grazing is common within the proposed project area and could include grazing of domestic cattle, sheep, goats, and horses. The most common livestock operations in the proposed project area are cattle and calf operations. The proposed project area coincides with three BLM allotments within the CFO planning area, summarized in Table 3.7.

Environmental Assessment 24 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Table 3.7. BLM CFO Allotments and Range Improvements in the Proposed Project Area

No. of Water Size of Project No. of CFO Total Size of No. of Fences Troughs Allotment Area within Water Lines Allotment Allotment Crossed by within 200 Number Allotment Crossed by Name (acres) Project Area Meters of (acres) Project Area Project Area Harroun Lake 77035 2.03 4,893 0 0 0 Pierce Canyon 77036 0.98 25,548 1 0 0 Total 3.01 30,441 1 0 0

3.9.2 Impacts from the Proposed Action Direct and Indirect Impacts Impact criteria for assessing livestock grazing impacts are based on applicable laws, statutes, standards, or guidelines. Direct and indirect impacts from the Proposed Action can be assessed by calculating the number of acres and grazing allotments that would incur surface disturbance and the resulting loss of vegetation for forage from the Proposed Action.

Forage removal from the grazing allotments crossed by the proposed project would be the primary impact to grazing resources. Construction of the Proposed Action would temporarily remove approximately 3.01 acres (0.98 acre would be located on BLM CFO-managed lands) of vegetation from the active grazing allotments, which represents less than 1%, a negligible difference of the total allotment acreage intersected by the Proposed Action. All construction-related surface disturbance within the proposed project area would be reseeded once construction is complete. The temporary loss of forage while vegetation becomes reestablished would not affect the Animal Unit Months (AUMs) authorized for livestock use in this area.

Range improvements would be temporarily impacted by the proposed project, which crosses one pasture fence. Short-term impacts may also include displacement of permitted livestock during construction activities or exposure of livestock to hazards. Movement of livestock also may be temporarily impeded in areas of active construction. There is the possibility of injuries to livestock or deaths due to collisions with vehicles and considering the area is open range, livestock may be found on roads in the area. As a result, vehicle traffic associated with the Proposed Action could pose impacts to livestock. After construction, livestock should become acclimated to the minimal activity associated with operation of the proposed project. Mitigation Measures Measures to minimize or eliminate impacts to range improvements and resources are described in the standard COAs (BLM 1997:Appendix 2) for buried and surface-installed pipelines. No special mitigation has been identified by the BLM. 3.10 Public Health and Safety 3.10.1 Affected Environment The proposed project is located in an area with established oil and gas exploration, development, transportation, and processing operations with the accompanying pipelines, drilling rigs, pumpjacks, traffic, and other related activities. During construction of the proposed pipeline, physical hazards such as heavy machinery would be present.

A small number of seasonal recreation users (e.g., hunters and off-highway vehicle riders) may occasionally be in the vicinity of the project area. However, these users are warned about possible hazardous conditions

Environmental Assessment 25 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

in the project area through posted signs and would have limited access to the project area during construction.

3.10.2 Impacts from the Proposed Action Direct and Indirect Impacts Some potential risk is inherent in any construction project and this could include the potential risk of contamination to soil through improper disposal of waste, leaks from equipment, or accidental releases. There is also potential for releases of hazardous materials from the proposed pipelines and surface site during operation.

When significant amounts of chemicals are stored on-site, governmental agencies would be notified as required under the Emergency Planning and Community Right-to-Know Act. The notification of hazardous substance releases outside the facility site is required under the Comprehensive Environmental Response, Compensation, and Liability Act and New Mexico Administrative Code 19.15.29. All facilities must have informational signs, as directed under 43 CFR 3160.

The increase in traffic to area roads during construction could pose a hazard to other vehicles and road users. However, area roads are already used by oil and gas traffic and users would be accustomed to the type of vehicles necessary for construction. The increase in vehicles would be spread across the project area and drivers would be warned of possible hazards by appropriate signage and would be expected to follow all rules of the road. This impact to area roads would be short term for construction of the proposed project and would lessen considerably during the operations phase. Mitigation Measures and Residual Impacts Measures to minimize or eliminated risks of spills and leaks are described in the standard COAs (BLM 1997:Appendix 2) for buried and surface installed pipelines. No special mitigation has been identified by the BLM. 3.11 Cumulative Impacts A cumulative impact, as defined in 40 CFR 1508.7, is the impact to the environment that results from the incremental impact of the action when added to other past, present, and reasonably foreseeable actions, regardless of which agency (federal or non-federal) or person undertakes such other action. The time frame for the cumulative impact analysis is 30 years, i.e., the projected life of the proposed pipeline.

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 GHG emissions, fragment wildlife habitat, and contaminate groundwater. However, the likelihood of these impacts occurring is minimized through standard mitigation measures, special COAs, and ongoing monitoring studies.

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. As new wells are developed, there are others being abandoned and reclaimed. As the oil field plays out, the cumulative impacts would lessen as more areas are reclaimed and fewer are developed.

3.11.1 Cumulative Impact Analysis for Air Resources The following analysis of cumulative impacts of the Proposed Action on air resources is limited to the CFO planning area. The Air Quality Technical Report provides a list of major sources for air pollutants in New Mexico, any of which may contribute to cumulative impacts to air quality within the planning area (see BLM 2016:Appendix D). The report also evaluates the cumulative impacts of GHG emissions and their relationship to climate change at national and global levels (BLM 2016:54–60).

Environmental Assessment 26 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Activities that cumulatively contribute to levels of air pollutants and GHG emissions in southeast New Mexico result from a variety of sources, including fossil fuel industries, transportation, industrial construction, mining, and others. For the CFO planning area, activities that have the greatest impact on air resources are fossil fuel production (e.g., oil and gas exploration and production, crude oil refining, and gas processing) and vehicular travel (BLM 2016:46). The Air Quality Technical Report summarizes the past, present, and reasonably foreseeable impacts to air resources resulting from these activities (BLM 2016:38– 51).

The CFO manages federal oil and gas exploration and production on its mineral estate in Eddy and Lea Counties and part of Chaves County. These activities result in cumulative impacts to air resources in the CFO planning area through air pollutant and GHG emissions. There are currently 40,924 oil and gas wells within these counties categorized as active, new, or temporarily abandoned, with 18,436 of these located on federal lands (Petroleum Recovery Research Center 2017). Quantifying emissions of an oil and gas well in the CFO planning area is difficult due to various factors (geology, variation in drilling technique and time, uncertainty of production); however, the BLM has determined that well production typically declines over time, depending on well life and the price of oil and gas. Therefore, it is assumed that declining production would also result in reduced emissions over time (BLM 2016:31). Factors involving vehicular travel, including number and types of vehicles, miles traveled, and road condition, all influence emissions in the CFO planning area. These emissions result from both on-road and off-road vehicular travel. While increased vehicle fuel efficiency is expected to reduce emissions associated with vehicular travel, any reduction in emissions may eventually be offset by an increase in the number of vehicles used due to population growth in the area (BLM 2016:51). Air Quality The Proposed Action would result in a very small increase in emissions and would not cause or contribute to an exceedance of the NAAQS for any criteria pollutants in the CFO planning area. Additionally, emissions from the Proposed Action, together with all other emissions, are not expected to impact the 8-hour average O3 standard. The applicable regulatory thresholds for HAPs associated with the oil and gas industry are established under the National Emissions Standards for Hazardous Air Pollutants, which are currently under review by the EPA. Climate Change The Air Quality Technical Report discusses the relationship of past, present, and future predicted emissions to climate change and the limitations in predicting global and regional impacts related to emissions (BLM 2016:51–53). In general, the Proposed Action together with all other current and foreseeable emission- producing actions would not have a measurable impact on climate. While the Proposed Action may contribute to climate change, the specific impacts on global or regional climate are not quantifiable and the Proposed Action’s contribution, in a localized area, to impacts on global climate change cannot be determined (BLM 2016:53).

Environmental Assessment 27 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

4 SUPPORTING INFORMATION 4.1 List of Preparers This EA was prepared by a third-party contractor, SWCA, according to the direction of the BLM CFO. The following BLM staff contributed to or reviewed this EA:

 Brittany Chavez, Realty Specialist, BLM CFO  Bruce Boeke, Cultural Resources Specialist, BLM CFO 4.2 References Cited Applied EnviroSolutions (AES). 2011. Southeast New Mexico Inventory of Air Pollutant Emissions and Cumulative Air Impact Analysis 2007. Carlsbad, New Mexico: U.S. Department of the Interior, Bureau of Land Management Carlsbad Field Office.

Biota Information System of New Mexico. 2018. BISON-M home page. Available at: http://www.bison-m.org. Accessed April 2018.

Bureau of Land Management (BLM). 1988. Carlsbad Resource Management Plan. Roswell, New Mexico: U.S. Department of the Interior, Bureau of Land Management, Roswell District.

———. 1997. Carlsbad Approved Resource Management Plan Amendment and Record of Decision. Roswell, New Mexico: U.S. Department of the Interior, Bureau of Land Management, Roswell District.

———. 1998a. BLM Manual Section H-8270-1 – General Procedural Guidance for Paleontological Resource Management. July 13.

———. 1998b. BLM Manual 8270 – Paleontological Resource Management. July 13.

———. 2007. Potential Fossil Yield Classification (PFYC) System for Paleontological Resources on Public Lands. Instruction Memorandum No. 2008-009.

———. 2008a. Special-Status Species Record of Decision and Approved Resource Management Plan Amendment. Roswell, New Mexico: U.S. Department of the Interior, Bureau of Land Management, Pecos District Office.

———. 2008b. BLM National Environmental Policy Act Handbook H-1790-1. Office of the Assistant Director. Washington, D.C.: Renewable Resources and Planning (WA-200).

———. 2008c. Assessment and Mitigation of Potential Impacts to Paleontological Resources. Instruction Memorandum No. 2009-011. Washington, D.C.: Department of the Interior. October 10.

———. 2014a. Analysis of the Management Situation for the Bureau of Land Management Carlsbad Field Office. Available at: https://eplanning.blm.gov/epl-front- office/projects/lup/64444/77501/86227/AMS_Compiled.pdf. Accessed April 2018.

———. 2014b. Instruction Memorandum No. 2015-020: Guidance–Use of Air Emissions Estimating Tools. Available at: https://www.blm.gov/policy/im-2015-020. Accessed April 2018.

———. 2015. BLM CFO Playa Descriptions. Provided by Steve Daly, Bureau of Land Management, Carlsbad Field Office. Document date: July 15, 2015. Carlsbad, New Mexico: U.S. Department of the Interior, Bureau of Land Management Carlsbad Field Office.

Environmental Assessment 28 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

———. 2016. Air Resources Technical Report for Oil and Gas Development: New Mexico, Oklahoma, Texas and Kansas. Santa Fe, New Mexico: New Mexico State Office.

Cartron, J-L.E. (ed.). 2010. Raptors of New Mexico. Albuquerque: University of New Mexico Press.

Federal Emergency Management Agency (FEMA). 2015. National Flood Hazard Layer, Eddy County, New Mexico. Last updated August 27, 2015. Available at: https://hazards.fema.gov/femaportal/wps/portal/NFHLWMS. Accessed April 2018.

Findley, J.S., A.H. Harris, D.E. Wilson, and C. Jones. 1975. Mammals of New Mexico. Albuquerque: University of New Mexico Press.

Frey, J.K. 2004. Taxonomy and distribution of the mammals of New Mexico: an annotated checklist. Occasional Papers, Museum of Texas Tech University 240:1–32.

Griffith, G.E., J.M. Omernik, M.M. McGraw, G.Z. Jacobi, C.M. Canavan, T.S. Schrader, D. Mercer, R. Hill, and B.C. Moran. 2006. Ecoregions of New Mexico (two-sided color poster with map, descriptive text, summary tables, and photographs). Scale 1:1,400,000. Reston, Virginia: U.S. Geological Survey.

National Oceanic and Atmospheric Administration. 2011. NOAA's 1981-2010 Climate Normals. National Climatic Center. https://www.ncdc.noaa.gov/data-access/land-based-station-data/land-based- datasets/climate-normals/1981-2010-normals-data. Accessed April 2018.

Natural Resources Conservation Service (NRCS). 2018a. Web Soil Survey. Available at: http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm. Accessed April 2018.

———. 2018b. The PLANTS Database. Available at: http://plants.usda.gov. Accessed February 2018.

NatureServe. 2018. NatureServe Explorer. Available at: http://explorer.natureserve.org/. Accessed February 2018.

New Mexico Department of Agriculture. 2016. New Mexico Noxious Weed List. New Mexico State University. Available at: http://www.nmda.nmsu.edu/wp-content/uploads/2016/11/Weed-List-memo-and- weed-list-2016.pdf. Accessed April 2018.

New Mexico Department of Game and Fish. 2003. Trenching Guidelines. Available at: http://www.wildlife.state.nm.us/conservation/habitat-handbook/. Accessed April 2018.

New Mexico Energy, Minerals and Natural Resources Department. 2018. New Mexico State Endangered Plant Species (19.21.2.8 NMAC). Available at: http://www.emnrd.state.nm.us/SFD/ForestMgt/documents/NM_Endangered_Plant_List.pdf. Accessed April 2018.

New Mexico Office of the State Engineer (NMOSE). 2016. Region 10 - Lower Pecos Valley Regional Water Plan. Available at: http://www.ose.state.nm.us/Planning/RWP/region_10.php. Accessed April 2018.

Railey, J.A. 2016. Permian Basin Research Design 2016-2026 (Volume I: Native American Archaeology and Cultural Resources). Prepared for the Bureau of Land Management, Carlsbad Field Office, Carlsbad, New Mexico. Albuquerque, New Mexico: SWCA Environmental Consultants.

Petroleum Recovery Research Center. 2017. Permian Basin: All wells data Microsoft Access Database. Available at: http://octane.nmt.edu/gotech/Petroleum_Data/allwells.aspx. Accessed February 9, 2017.

Environmental Assessment 29 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

U.S. Army Corps of Engineers (USACE). 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. Vicksburg, Mississippi: U.S. Army Engineers Waterways Experiment Station Environmental Laboratory.

———. 2008a. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, Version 2.0. ERDC/EL TR-08-28. Vicksburg, Mississippi: U.S. Army Engineer Research and Development Center.

———. 2008b. A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States: A Delineation Manual. ERDC/EL TR-08-12. Vicksburg, Mississippi: U.S. Army Engineer Research and Development Center.

U.S. Department of Agriculture (USDA). 2018. Introduced, Invasive, and Noxious Plants: Federal Noxious Weeds. Available at: https://plants.usda.gov/java/noxious. Accessed April 2018.

U.S. Department of Agriculture (USDA), U.S. Department of the Interior, and U.S. Environmental Protection Agency (EPA). 2011. Memorandum of Understanding among the U.S. Department of Agriculture, U.S. Department of the Interior, and the U.S. Environmental Protection Agency, Regarding Air Quality Analyses and Mitigation for Federal Oil and Gas Decisions through the National Environmental Policy Act. Available at: https://www.epa.gov/sites/production/files/2014- 08/documents/air-quality-analyses-mou-2011.pdf. Accessed January 21, 2017.

U.S. Environmental Protection Agency (EPA). 2011. 2005 National-Scale Air Toxics Assessment. Summary of Results. Available at: https://www.epa.gov/national-air-toxics-assessment/2005- national-air-toxics-assessment. Accessed August 2016.

———. 2015. Environmental Justice Information and Resources. Washington, D.C.: EPA Compliance and Enforcement. Available at: http://www.epa.gov/compliance/environmentaljustice/index.html. Accessed July 27, 2015.

———. 2016. The Green Book Non Attainment Areas for Criteria Pollutants. Available at: https://www.epa.gov/green-book. Accessed February 2018.

U.S. Fish and Wildlife Service (USFWS). 2018a. National Wetlands Inventory. Available at: http://www.fws.gov/wetlands/. Accessed February 2018.

———. 2018b. Information for Planning and Consultation (IPaC). Available at: http://ecos.fws.gov/ipac/. Accessed April 2018.

U.S. Fish and Wildlife Service (USFWS) and Center of Excellence for Hazardous Material Management (CEHMM). 2017. Candidate Conservation Agreement for the Texas Hornshell (Popenaias popeii) and other Covered Species. Available at: https://www.fws.gov/southwest/es/documents/R2ES/TxHornshell_CCA_CHEMM_v2_FR2980.pdf . Accessed March 2018.

U.S. Geological Survey. 2018. National Hydrography Dataset. Available at: http://nhd.usgs.gov/. Accessed April 2018.

Western Regional Climate Center. 2018. Climate of New Mexico. Available at: https://wrcc.dri.edu/Climate/narrative_nm.php. Accessed April 2018.

Environmental Assessment 30 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

APPENDIX A. NATURAL RESOURCES MAP AND PHOTOGRAPHS

Figure A.1. Natural resources data map.

Environmental Assessment A-1 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Photograph 1. View of the proposed pipeline ROW corridor from east terminus of project location, facing west.

Photograph 2. View of the proposed pipeline ROW corridor near section boundary, facing north.

Environmental Assessment A-2 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Photograph 3. View of old irrigation ditch, no longer in use, with no ordinary high-water mark evident.

Photograph 4. View of the proposed pipeline ROW corridor from west terminus of project location, facing east.

Environmental Assessment A-3 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

APPENDIX B. SPECIAL STATUS SPECIES DATA

Table B.1. Special Status Species for Eddy County, New Mexico

Common Name Status1 Range or Habitat Requirements Potential for Occurrence in Project Area (Species Name) Plants Gypsum wild-buckwheat USFWS T Restricted to almost pure gypsum soil that is sparsely Unlikely to occur in the proposed project area due (Eriogonum NM E vegetated with other gypsophilous plants such as Coldenia to lack of gypsum soils and sparsely vegetated gypsophilum) hispidissima (Coldenia hispidissima), gypsum blazingstar areas with gypsophilous plants. Additionally, the (Mentzelia humilis), and southwestern ringstem (Anulocaulis proposed project area is not in the known leiosolenus); elevation 3,280–3,600 feet above mean sea distribution area, and the highest elevation in the level (amsl). The three known locations are north of Carlsbad proposed project area is 2,500 feet amsl. at Seven River Hills, south of Black River Village, and in the drainages of Ben Slaughter Draw and Hay Hollow. Kuenzler’s hedgehog USFWS E Primarily on gentle, gravelly to rocky slopes and benches on Unlikely to occur in the proposed project area due cactus NM E limestone or limy sandstone, in Great Plains grassland, oak to lack of rocky slopes, benches, and preferred (Echinocereus fendleri woodland, or piñon-juniper woodland. Elevation vegetation communities. var. kuenzleri) 2,000–6,600 feet amsl. Lee pincushion cactus USFWS T Primarily cracks in limestone in areas of broken terrain Unlikely to occur in the proposed project area due (Coryphantha sneedii NM E and steep slopes of Chihuahuan desert scrub; elevation to lack of limestone outcrops. Additionally, the var. leei) 4,000–5,000 feet amsl. highest elevation in the proposed project area is 2,500 feet amsl. Scheer’s pincushion BLM Sensitive Typically associated with gravelly or silty soil in desert Unlikely to occur in the proposed project area due cactus grassland and Chihuahuan desert scrub. May also be found to lack of suitable desert grassland habitat and (Coryphantha on rocky benches or bajadas on limestone or gypsum; the limestone or gypsum soils. Additionally, the robustispina var. scheeri) elevation range of this cactus is 3,300–3,600 feet amsl. highest elevation in the proposed project area is 2,500 feet amsl. Shining coralroot NM E Found in deep canyons of oak thicket habitat in the Cornudas Unlikely to occur in the proposed project area due (Hexalectris nitida) Mountains; elevation 4,300 feet amsl. to lack of deep canyons. Additionally, the proposed project is not located in the Cornudas Mountains, and the highest elevation in the proposed project area is 2,500 feet amsl. Sneed pincushion cactus USFWS E Primarily cracks in limestone in areas of broken terrain and Unlikely to occur in the proposed project area due (Coryphantha sneedii steep slopes. This subspecies is known to occur in Doña Ana to lack of limestone outcrops and steep slopes. var. sneedii) County, New Mexico, and El Paso County, Texas. The Additionally, this species is not known to occur in elevation range of this cactus is 3,900 to 7,700 feet amsl. Eddy County, and the highest elevation in the proposed project area is 2,500 feet amsl. Tharp’s bluestar BLM Sensitive Known from three distinct populations near Artesia and Unlikely to occur in the proposed project area due (Amsonia tharpii) Carlsbad (Red Lake, Cedar Canyon, Ben Slaughter/Yeso to lack of limestone and gypsum components. Hills). Grows in soils with a limestone or gypsum component Additionally, the proposed project area is not in the in rolling hills of Chihuahuan desert scrub communities; known distribution area, and the highest elevation 3,100–3,500 feet amsl. in the proposed project area is 2,500 feet amsl.

Environmental Assessment B-1 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Common Name Status1 Range or Habitat Requirements Potential for Occurrence in Project Area (Species Name) Wright’s marsh thistle USFWS C Wet, alkaline soils in spring seeps and marshy edges of Unlikely to occur in the proposed project area due (Cirsium wrightii) streams and ponds from 3,450–8,500 feet amsl. to lack of spring seeps and marshes along streams. Additionally, the highest elevation in the proposed project area is 2,500 feet amsl. Invertebrates Ovate vertigo snail NM T The only known population in New Mexico is found at and Unlikely to occur in the proposed project area due (Vertigo ovata) near Blue Spring south of Carlsbad in Eddy County. It occurs to lack of perennial water bodies. Although the within a few meters of the brook issuing from Blue Spring, Pecos River is approximately 0.35 miles west of on damp soil under the shelter of dead tree branches. the proposed project area, construction is not The species typically occurs within close proximity of ponds, anticipated to directly impact the river. Mitigation streams, and spring outflows; on living and dead vegetation, measures would be implemented to avoid indirect organic debris, and damp or muddy soils. impacts to the Pecos River. Pecos springsnail BLM Sensitive This species is endemic to southeastern New Mexico, known Unlikely to occur in the proposed project area due (Pyrgulopsis pecosensis) NM T 2 historically to occur in Blue and Castle Springs in Eddy to lack of perennial water bodies. Although the County. This species has since been extirpated from Castle Pecos River is approximately 0.35 miles west of Springs. This species is part of the Candidate Conservation the proposed project area, construction is not Agreement (CCA) implemented by the USFWS, the BLM, and anticipated to directly impact the river. Mitigation CEHMM. It occurs on a mud and pebble substrate in its spring measures would be implemented to avoid indirect habitat, mainly along the edges of the water. Found on impacts to the Pecos River. pebbles, gypsum silt, and to a lesser extent mud and submerged vegetation in a high-volume spring and spring run and associated marsh. The water is gypsum rich. Texas hornshell USFWS E Historically this species occurred in the Pecos-Rio Grande Unlikely to occur directly within the proposed (Popenaias popeii) NM E drainage. Currently, this species is found in four distinct project area; however, the proposed project is locations, including the Black River and Delaware River in located adjacent to Zone D of the CCA which is New Mexico and the lower Rio Grande River and the Devil’s considered upstream of suitable habitat for this River in Texas. This species is part of the Candidate species. Construction associated with the Conservation Agreement. This species is associated with proposed project is not anticipated to directly larger streams and a variety of substrates. Imbeds itself in impact the river. Additionally, mitigation measures softer bottoms, but lodges itself in cracks and crevices, where would be implemented to avoid indirect impacts to it is probably immobile. the Pecos River. Refer to Section 3.5 for additional information.

Environmental Assessment B-2 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Common Name Status1 Range or Habitat Requirements Potential for Occurrence in Project Area (Species Name) Fish Rio Grande chub BLM Sensitive The historic distribution of Rio Grande chub was mainly the Unlikely to occur in the proposed project area due (Gila pandora) coolwater reaches of the Rio Grande and Pecos River (and to lack of perennial water bodies. Although the tributaries) in northern New Mexico. Several tributaries to the Pecos River is approximately 0.35 miles west of Pecos River in the Sacramento and Guadalupe Mountains the proposed project area, construction is not also support Rio Grande chub. anticipated to directly impact the river. Mitigation measures would be implemented to avoid indirect impacts to the Pecos River. Bigscale logperch BLM Sensitive Native to the Pecos River drainage, occurring mainly in and Unlikely to occur in the proposed project area due (Percina macrolepida) NM T 2 below Sumner Lake in De Baca County and between Lake to lack of perennial water bodies. Although the McMillan (Eddy County) and the Texas state line. Smaller Pecos River is approximately 0.35 miles west of populations are found also near Santa Rosa, the Black River, the proposed project area, construction is not and Willow Lake in Eddy County. Also introduced in Ute Lake anticipated to directly impact the river. Mitigation in Quay County. The species’ preferred habitat consists of measures would be implemented to avoid indirect strong, non-turbulent flows, but the species is also found in impacts to the Pecos River. impoundments. Preferred substrate varies from silt to rubble on which the species spends much of its time resting. Blue sucker BLM Sensitive Historically, this species occurred in the Pecos River, which Unlikely to occur in the proposed project area due (Cycleptus elongatus) NM E 2 it has likely been extirpated. It is absent in the Rio Grande to lack of perennial water bodies. Although the where it occurred historically. This species extant in the Black Pecos River is approximately 0.35 miles west of River is unknown. Its primary habitat consists of deep river the proposed project area, construction is not channels with runs and riffles. Also found in pools with anticipated to directly impact the river. Mitigation moderate currents and in deep lakes. This species is part of measures would be implemented to avoid indirect the CCA. impacts to the Pecos River. Headwater catfish BLM Sensitive Occurs in Texas, New Mexico, and Mexico. It is native to the Unlikely to occur in the proposed project area due (Ictalurus lupus) Pecos drainage downstream of Sumner Reservoir and also to lack of perennial water bodies. Although the occurs in the Middle Rio Grande Basin. Its habitat consists of Pecos River is approximately 0.35 miles west of clear temperate waters generally with a moderate gradient. the proposed project area, construction is not Despite competition with the channel catfish (Ictalurus anticipated to directly impact the river. Mitigation punctatus), has persisted in headwater streams and in measures would be implemented to avoid indirect fluctuating tailwaters of dams in the Pecos River. impacts to the Pecos River.

Environmental Assessment B-3 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Common Name Status1 Range or Habitat Requirements Potential for Occurrence in Project Area (Species Name) Gray redhorse BLM Sensitive Formerly occurred in the Pecos and Rio Grande rivers but Unlikely to occur in the proposed project area due (Moxostoma congestum) NM E 2 now restricted to the lower Black River from Blue Springs to to lack of perennial water bodies. Although the the Pecos River Confluence. This species has been Pecos River is approximately 0.35 miles west of reintroduced into the Delaware River by NMDGF. This the proposed project area, construction is not species is part of the CCA. Typical habitat consists of low- anticipated to directly impact the river. Mitigation gradient streams with warm, usually clear waters. Adults most measures would be implemented to avoid indirect often occupy medium to large pools with cobble, gravel, silt, or impacts to the Pecos River. sand bottoms. The young and juveniles tend to seek riffles and gravely runs and avoid densely vegetated areas. Greenthroat darter BLM Sensitive Native to the Pecos River drainage of Chaves and Eddy Unlikely to occur in the proposed project area due (Etheostoma lepidum) NM T 2 Counties. Known to occur in particular at Blue Spring and its to lack of perennial water bodies. Although the outflow stream, in the Pecos River between Lake McMillan Pecos River is approximately 0.35 miles west of and Avalon Reservoir, in the Rio Peñasco and Cottonwood the proposed project area, construction is not Creek, and at Bitter Lake National Wildlife Refuge. Found in anticipated to directly impact the river. Mitigation swift-flowing streams and springs, especially vegetated riffle measures would be implemented to avoid indirect areas with gravel and rubble substrates. Also occurs in clear impacts to the Pecos River. ponded-water habitats including sinkholes and littoral areas of other lentic systems with wave action and aquatic vegetation rooted in a gravel substrate. Mexican tetra BLM Sensitive Species’ distribution extends from eastern New Mexico and Unlikely to occur in the proposed project area due (Astyanax mexicanus) NM T 2 southern Texas southward along the Atlantic slope drainages to lack of perennial water bodies. Although the of Mexico. In New Mexico restricted largely to Blue Spring and Pecos River is approximately 0.35 miles west of the Delaware River in Eddy County. Also found occasionally the proposed project area, construction is not in the Pecos River below Lake McMillan. Occupies a variety of anticipated to directly impact the river. Mitigation habitats but tends to school in pools and below swift areas in measures would be implemented to avoid indirect eddies. Found primarily in habitats with stenothermal flows impacts to the Pecos River. (i.e. springs). Young-of-year present in shallow water near overhanging bank vegetation. Pecos bluntnose shiner USFWS T Still extant in the Pecos River from Fort Sumner to Artesia, Unlikely to occur in the proposed project area due (Notropis simus NM E although it has declined considerably in numbers since about to lack of perennial water bodies. Although the pescosensis) 1950. Most common in main channel areas, with low-velocity Pecos River is approximately 0.35 miles west of water, depths of 7–12 inches, and a sandy substrate. Flood the proposed project area, construction is not inflows from uncontrolled tributaries contribute to favorable anticipated to directly impact the river. Mitigation river channel conditions. measures would be implemented to avoid indirect impacts to the Pecos River.

Environmental Assessment B-4 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Common Name Status1 Range or Habitat Requirements Potential for Occurrence in Project Area (Species Name) Pecos gambusia USFWS E Endemic to the Pecos River Basin in southeastern New Unlikely to occur in the proposed project area due (Gambusia nobilis) NM E Mexico and western Texas. Natural populations still occur in to lack of perennial water bodies. Although the New Mexico on the Bitter Lake National Wildlife Refuge and in Pecos River is approximately 0.35 miles west of the Salt Creek Wilderness Area (both in Chaves County), and the proposed project area, construction is not in Blue Spring in Eddy County. Most common in heads and anticipated to directly impact the river. Mitigation runs of springs, where it uses aquatic vegetation for refuge. measures would be implemented to avoid indirect Occupies ponds and gypsum sink holes on Bitter Lake impacts to the Pecos River. National Wildlife Refuge and in Blue Spring, New Mexico. Associates in loose schools that spend much of the time near the surface. Inhabits shallow areas of alkaline waters with aquatic vegetation for cover. Pecos pupfish BLM Sensitive Occurs in saline springs and gypsum sinkholes at Bitter Lake Unlikely to occur in the proposed project area due (Cyprinodon pecosensis) NM T 2 National Wildlife Refuge and Bottomless Lakes State Park. to lack of perennial water bodies. Although the Elsewhere, it is present irregularly in the Pecos River south Pecos River is approximately 0.35 miles west of from Bitter Lake and Bottomless Lakes south to the Texas the proposed project area, construction is not state line and formerly in Laguna Grande in Eddy County. anticipated to directly impact the river. Mitigation Typical habitat consists of saline springs and gypsum measures would be implemented to avoid indirect sinkholes; only rare in fresher water habitats including the impacts to the Pecos River. main channel of the Pecos River. Found in backwater areas and side pools that lack sunfish or other predators. At Bitter Lake National Wildlife Refuge, numerous individuals were taken from waters in interstices of gravel from a pond drain with no surface flow. Rio Grande shiner BLM Sensitive Occurs in the Rio Grande downstream of the confluence of Unlikely to occur in the proposed project area due (Notropis jemezanus) the Rio Conchos but is extirpated from the Rio Grande in New to lack of perennial water bodies. Although the Mexico. In the Pecos River in New Mexico, it currently persists Pecos River is approximately 0.35 miles west of from Old Fort State Park near Fort Sumner downstream to the proposed project area, construction is not about Brantley Reservoir, including at Bitter Lake National anticipated to directly impact the river. Mitigation Wildlife Refuge. Within occupied reaches of the Pecos River measures would be implemented to avoid indirect it is generally uncommon to rare. Rio Grande shiners occupy impacts to the Pecos River. flowing water environment found large open rivers with laminar flows and a minimum of aquatic vegetation and larger streams with gravel, sand, or rubble bottoms. Birds Baird’s sparrow BLM Sensitive This species is a winter resident in New Mexico. It has been Unlikely to occur in the proposed project area due (Ammodramus bairdii) NM T found on Otero Mesa and in the Animas Valley and may occur to lack of dense, extensive grasslands with few in other areas of suitable winter habitat, particularly in the shrubs. southeast portion of state. Generally prefers dense, extensive grasslands with few shrubs. Avoids heavily grazed areas.

Environmental Assessment B-5 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Common Name Status1 Range or Habitat Requirements Potential for Occurrence in Project Area (Species Name) Bald eagle BLM Sensitive Occurs in New Mexico year-round. Breeding is restricted to a Unlikely to occur in the proposed project area due (Haliaeetus NM T few areas mainly in the northern part of the state along or to the lack of prairie dog colonies and suitable leucocephalus near lakes. In migration and during winter months the species water bodies. alascanus) is found chiefly along or near rivers and streams and in grasslands associated with large prairie dog colonies. Typically perches in trees. Bell’s vireo BLM Sensitive In New Mexico, Bell’s vireo occurs in the southern third of the Unlikely to occur in the proposed project area (Vireo bellii) NM T state during the breeding season. The medius race is found in because no areas of dense vegetation adjacent to the Pecos Valley north to drainages west of Roswell, and in water occur within the project area. the Black River and Rattlesnake Springs areas south of Carlsbad. In New Mexico this species characteristically occurs in dense shrubland or woodland along lowland stream courses, with willows (Salix sp.), mesquite, and seepwillows (Baccharis glutinosa). Its distribution during breeding is typically limited to riparian habitats. Black tern BLM Sensitive Found in New Mexico only during migration and in association Unlikely to occur in the proposed project area due (Chlidonias niger with wetland areas, lakes, and ponds. to lack of suitable water bodies. surinamensis) Broad-billed NM T Occurs in riparian habitat or dense mesquite in canyons in Unlikely to occur in the proposed project area due hummingbird southwestern New Mexico. Found in Guadalupe Canyon in to lack of dense mesquite associations in canyons. (Cynanthus latirostris) Hidalgo County and rarely found in the Peloncillo Mountains. Brown pelican NM E Occurs usually in marine habitats and feeds almost Unlikely to occur in the proposed project area due (Pelecanus occidentalis exclusively on fish. Associated with water. to lack of suitable water bodies. carolinensis) Common black-hawk NM T2 Occurs in New Mexico almost exclusively during the breeding Unlikely to occur in the proposed project area due (Buteogallus season and in migration. Breeding populations known chiefly to lack of riparian forest. anthracinus) from the Gila River valley in the southwestern portion of the state and from along the Mimbres River and the Rio Hondo watershed. Strongly tied to cottonwood (Populus sp.) gallery forests. Ferruginous hawk BLM Sensitive Occurs year-round in New Mexico. During the breeding Unlikely to occur in the proposed project area due (Buteo regalis) season it is present in grasslands, badlands, and along the to lack of extensive open grasslands, badlands, ecotone between grasslands and piñon (Pinus edulis)-juniper piñon-juniper woodlands, ponderosa pine forests, (Juniperus sp.) woodlands, especially in the vicinity of prairie or prairie dog colonies. dog towns. During the winter, ferruginous hawks are primarily associated with grasslands but may be found in other habitat types such as ponderosa pine (Pinus ponderosa) forest. Prairie dogs are important year-round in the diet of New Mexico’s ferruginous hawks.

Environmental Assessment B-6 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Common Name Status1 Range or Habitat Requirements Potential for Occurrence in Project Area (Species Name) Grasshopper sparrow BLM Sensitive Found in grasslands and prairies with open patches of Unlikely to occur in the proposed project area due (Ammodramus ground. It nests on the ground in a small cup-nest constructed to lack of grasslands or prairie vegetation savannarum) out of grasses. Avoids areas with extensive stands of shrubs. communities. Gray vireo NM T2 Strongly associated with piñon-juniper and scrub oak habitats. Unlikely to occur in the proposed project area due (Vireo vicinior) Distributed mainly across the western two-thirds of the state. to lack of piñon-juniper and scrub oak habitats. Prefers gently sloped canyons, rock outcrops, ridge tops, and moderate scrub cover. Interior least tern USFWS E 2 Migratory species occurring in North America during the Unlikely to occur in the proposed project due to (Sterna antillarum NM E breeding season, when it is associated with water (e.g., lakes, lack of suitable habitat and distance from known athalassos) reservoirs, rivers). In New Mexico, breeding is restricted to the breeding territory. Pecos River basin. It is known to breed primarily at Bitter Lake National Wildlife Refuge in nearby Chaves County. Lesser prairie-chicken BLM Sensitive This species occurs in southeastern New Mexico primarily in Unlikely to occur in the proposed project due to (Tympanuchus shinnery oak or sand sagebrush grasslands. Also occurs in lack of suitable habitat and distance from known pallidicinctus) shinnery oak-bluestem habitats dominated by sand bluestem, breeding territory. Proposed project is outside little bluestem, sand dropseed, threeawn, and blue grama. identified lesser prairie-chicken zones. No lesser prairie-chicken were observed during the 2018 biological survey of the proposed project area. Loggerhead shrike BLM Sensitive The loggerhead shrike is a year-round resident in New Mexico May occur in the proposed project area due to the (Lanius ludovicianus) and is found throughout the state, primarily in open country presence of the Chihuahuan desert scrub including grasslands, improved pastures, hayfields, shrub vegetation community. This species was not steppe, and desert scrub, as well as piñon-juniper woodland observed during the 2018 biological survey of the and woodland edges. proposed project area. Refer to Section 3.5 for additional information. Lucifer hummingbird NM T Associated with rocky slopes or hillsides, and Chihuahuan Although Chihuahuan desert vegetation is present (Calothorax lucifer) desert vegetation. Nest sites are selected on slopes above in the proposed project area, this species is rocky or wooded washes. unlikely to occur in the proposed project area due to lack of rocky slopes or hill sides and washes. Mexican spotted owl USFWS T Occupies mountainous areas and deep canyons incised Unlikely to occur in the proposed project area due (Strix occidentalis lucida) within flat plateaus. Habitat consists typically of mixed-conifer, to lack of mixed-conifer, ponderosa pine, and ponderosa pine, or ponderosa pine/Gambel oak (Quercus ponderosa pine/Gambel oak forest. gambelii) forest. Prefers mesic, shaded environments such as canyon bottoms and mountainous riparian areas. Neotropic cormorant NM T Associated with wetlands. Key requirements include areas of Unlikely to occur in the proposed project areas due (Phalacrocorax deep water for diving and elevated perches in trees, shrubs, to lack of riparian habitat and roosting sites. brasilianus) and other structures for nesting, roosting, and drying plumage after feeding.

Environmental Assessment B-7 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Common Name Status1 Range or Habitat Requirements Potential for Occurrence in Project Area (Species Name) Northern aplomado USFWS ENEP Associated with semi-desert grasslands with scattered According to the BLM CFO, the species’ range is falcon NM E yuccas, mesquite, and cacti. Naturally occurring populations not known to exist east of the Pecos River; (Falco femoralis are essentially restricted to the southern tier of New Mexico. therefore, this species is unlikely to occur in septentrionalis) Species has also been reintroduced on the Armendaris Ranch the proposed project area. in Socorro and Sierra Counties and on lands administered by the BLM, White Sands Missile Range, and the New Mexico State Land Office beginning in 2006. Northern beardless NM E Northern boundary for the distribution of this species is in Unlikely to occur in proposed project area due to tyrannulet southern Arizona and southwestern New Mexico. Species lack of riparian habitat and presence of existing oil (Camptostoma imberle breeds only in riparian areas of Guadalupe Canyon in and gas development and livestock grazing. ridgwayi) southern Hidalgo County. Mesquite thickets and smaller trees are favored for feeding. Vulnerable to human disturbance, grazing, fire, and drought. Northern goshawk BLM Sensitive Strongly associated with montane forests during breeding and Unlikely to occur in the proposed project area due (Accipiter gentilis in winter. Migrating populations typically follow forested to the lack of montane forests. atricapillus) ridges. Painted bunting BLM Sensitive Painted buntings breed in dense brush, often adjacent to Unlikely to occur in the proposed project area due (Passerina ciris) thick, grassy areas or woodland edges. During migration and to the lack of dense brush located adjacent to thick winter they favor dense, weedy habitats, as well as the grassland areas or woodland edges. understory of semi-open forest. Peregrine falcon NM T Found in New Mexico year-round. All nests in New Mexico are Unlikely to occur in the proposed project areas due (Falco peregrinus; found on cliffs. In migration and during winter months New to lack of riparian habitat and cliffs. F. p. tundrius) Mexico’s peregrine falcons are typically associated with water and large wetlands. Piping plover USFWS T Rare in New Mexico, where it occurs only during the spring Unlikely to occur in the proposed project areas due (Charadrius melodus) NM T and potentially fall migration. Verified at Springer Lake (Colfax to lack of riparian habitat. County) and reported at Bosque del Apache National Wildlife Refuge (Socorro County); there was also an unsubstantiated report from Lake Avalon (Eddy County). Associated with water at all times of the year: occurs on sandflats or along bare shorelines of rivers, lakes, or coastlines. Southwestern willow USFWS E In New Mexico, this species is known to breed only along the Unlikely to occur in the proposed project areas due flycatcher NM E Gila River and Rio Grande. Associated with moist riparian to lack of riparian habitat. (Empidonax traillii areas throughout the year. Breeding habitat requirements vary extimus) by region. In migration, may be associated with willows along ditches, cottonwood woodlands, and saltcedar (Tamarix sp.) stands.

Environmental Assessment B-8 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Common Name Status1 Range or Habitat Requirements Potential for Occurrence in Project Area (Species Name) Sprague’s pipit USFWS C Occurs in New Mexico only as a sporadic winter resident. Unlikely to occur in the proposed project area due (Anthus spragueii) BLM Sensitive Its distribution in the state is not well known, but includes the to lack of extensive grassland vegetation lower Pecos River valley, Otero Mesa, and the Animas Valley. community. It is associated with southern desert grasslands of the state. Species as a whole prefers dry, open grasslands. Thick-billed kingbird NM E Summer resident in extreme southwestern New Mexico, Unlikely to occur in the proposed project area due (Tyrannus crassirostris) where it occupies riparian canyons with cottonwoods and to lack of riparian canyons. Arizona sycamores. Nests 30–65 feet high in Arizona sycamore (Platanus wrightii), usually in a crotch near the tree trunk. Varied bunting NM T Characteristic of shrublands, Sonoran Desert scrub, Unlikely to occur in the proposed project area due (Passerina versicolor) Chihuahuan desert scrub, desert riparian deciduous to lack of dense stands of mesquite and canyon woodlands, and marches, second growth and inhabits a large bottoms. portion of Mexico. In New Mexico, prefers dense stand of mesquite (Prosopis sp.) and associated growths of canyon bottoms. Western burrowing owl BLM Sensitive Present mainly during the breeding season in the northern Unlikely to occur in the proposed project area due (Athene cunicularia half of the state and present year-round in the southern half. to lack of prairie dogs, rock squirrels, and other hypugaea) Found in grasslands especially in association with prairie dog fossorial mammals and associated burrows for colonies, in desert scrub, and in agricultural and semi-urban potential nesting. environments. Depends on prairie dogs, rock squirrels (Otospermophilus variegatus), and other fossorial mammals for the availability of nest burrows. White-faced ibis BLM Sensitive Uncommon in New Mexico, where it is found statewide during Unlikely to occur in proposed project area due to (Plegadis chihi) migration and as a (typically non-breeding) summer resident. lack of marshes. Breeding recorded only at Tucumcari and at Stinking Lake in Rio Arriba County. Found in association with water. Generally seen in association with shoreline and marsh habitats adjacent to open water. Nesting colonies are located in shrubs and low trees or in dense standing reeds and tules near or in marshes. Forages along the water’s edge or in fields. Reptiles & Amphibians Arid land ribbonsnake NM T The arid land ribbon snake is found in west Texas and Unlikely to occur in the proposed project area due (Thamnophis proximus southeast New Mexico. This snake is found primarily around to lack of suitable water bodies. diabolicus) water sources such as rivers, ponds, and stock tanks. This snake feeds primarily on small frogs.

Environmental Assessment B-9 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Common Name Status1 Range or Habitat Requirements Potential for Occurrence in Project Area (Species Name) Dunes sagebrush lizard BLM Sensitive A habitat specialist native to the shinnery oak sand dune Unlikely to occur in the proposed project area due (Sceloporus arenicolus) NM E habitats extending from the San Juan Mesa in northeastern to lack of suitable dune habitat. In addition, the Chaves County, Roosevelt County, and through eastern Eddy proposed project area is outside the known and southern Lea Counties. This species has an extremely distribution for the species. strong affinity for bowl-shaped depressions in active dune complexes referred to as sand dune blowouts, with a preference for relatively large blowouts and select microhabitat within a given blowout. Within their geographic range, the presence of this species is also associated with composition of the sand; they only occur at sites with relatively coarse sand. Gray-banded kingsnake NM E This species is known from Eddy County and may occur in Unlikely to occur in the proposed project area due (Lampropeltis alterna) Otero and southwest Chaves Counties. Occurs in typical to lack of limestone outcrops in mid-elevation Chihuahuan desert habitat with abundant limestone montane habitats. Additionally, the highest outcroppings between 3,510 and 6,693 feet in elevation. elevation in the proposed project area is 2,500 feet Inhabits a variety of habitats, but found primarily in rocky amsl. desert hills at medium elevations. Habitat appears to be restricted to steep to precipitous hills and mountains between approximately 3,937–5,741 feet in elevation (below the juniper zone). This species could be expected to occur throughout the limestone broken rock-Lozier association in Otero, Eddy, and southwestern Chaves Counties in New Mexico. Mottled rock rattlesnake NM T This subspecies of rattlesnake is known only from the Unlikely to occur in the proposed project area due (Crotalus lepidus southern Guadalupe Mountains in Eddy and possibly Otero to lack of mountain habitat. Additionally, the lepidus) Counties. Key habitat areas include Walnut and Gunsight highest elevation in the proposed project area Canyons and Carlsbad Caverns National Park. Rock is 2,500 feet amsl. rattlesnakes usually occur between 3,937 and 8,530 feet in elevation in New Mexico. This snake is found in a variety of habitats, including pine-oak forests, mesquite-grasslands, and rocky desert habitats. Is primarily a mountain dweller, but also occurs in bordering lowlands in some areas. This species favors areas of boulders and rocks including talus slopes with their abundant hiding places.

Environmental Assessment B-10 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Common Name Status1 Range or Habitat Requirements Potential for Occurrence in Project Area (Species Name) Plain-bellied water snake NM E In New Mexico this snake is known only from the lower Pecos Unlikely to occur in the proposed project area due (Nerodia erythrogaster Valley area (Eddy County), including along the Black River. to the lack of suitable water bodies. transversa) The plainbelly water snake is a highly aquatic species, swimming and diving with ease, and seeking prey in water. Normally confined to areas of permanent water, it may wander short distances inland, especially in wet weather. The preferred habitat is ponds and streams, the latter including fairly large rivers. This snake often hides under rocks or other objects during the day and becomes active at night. The young tend to occupy areas of shallower, more dappled water than the adults, including in inlets of small streams. Texas horned lizard BLM Sensitive Inhabits arid and semiarid areas in the southwestern United May occur in the proposed project area due (Phrynosoma cornutum) States, characterized by open country with little vegetation. to the presence of the Chihuahuan desert scrub These areas often consist of grasses interspersed with cacti, vegetation community. This species was not yucca (Yucca sp.), mesquite (Prosopis sp.), and other observed during the biological survey of the assorted woody shrubs and trees. In New Mexico, the species proposed project area. Refer to Section 3.5 for is associated with Yucca-Prosopis-Ephedra and Larrea- additional information. Acacia-Fouquieria habitat, often in playas or on bajadas and mountain foothills. Rio Grande river cooter BLM Sensitive This turtle is confined to the Pecos River drainage, including Unlikely to occur in the proposed project area due (Pseudemys gorzugi) NM T 2 the Pecos, Black, and Delaware Rivers below Brantley Dam in to lack of perennial water bodies. The Pecos River Eddy County. This species is part of the CCA. All of the rivers is approximately 0.35 miles west of the proposed listed above constitute key habitat areas for the species. project area. Primarily a stream species occurring from 2,953–3,610 feet amsl, preferring waters with slow to moderate current, firm bottoms, and abundant aquatic vegetation. Also inhabits stock tanks, ponds, large ditches, and even brackish tidal marshes. In New Mexico, most records are from streams with relatively clear water and rocky or sandy bottoms. Nests of this species are located in sandy soil, usually within 100 feet of the water. Great Plains NM E Occurs primarily in seasonally or permanently wet areas of Unlikely to occur in the proposed project area due narrowmouth toad dense grass within semidesert grassland and oak woodland. to lack of suitable grassland habitat. (Gastrophryne olivacea)

Environmental Assessment B-11 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Common Name Status1 Range or Habitat Requirements Potential for Occurrence in Project Area (Species Name) Mammals Big free-tailed bat BLM Sensitive This species is usually associated with high cliffs and rugged Unlikely to occur in the proposed project area due (Nyctinomops macrotis) rock outcroppings, but it also roosts in buildings, under lava to lack of habitat to support roosting and maternal caves and sometimes tree holes. It is found in urban areas, colonies. agriculture, barren land, desert scrub, scrub-grassland, swamp and riparian scrub, juniper savannah, oak savannah, shortgrass plains, alkali sacaton (Sporobolus airoides) grasslands, montane grassland, montane forest, evergreen forest, and marsh habitat. Black-tailed prairie dog BLM Sensitive Native to grasslands including short- and mixed-grass prairie, Unlikely to occur the in the proposed project area (Cynomys ludovicianus sagebrush steppe, and desert grasslands. Also known to due to lack of suitable grassland habitat. arizonensis) occur in mesquite-creosote bush, grama-needlegrass (Hesperostipa comata), tarbush (Holocarpha sp.)-creosote bush, and burrograss (Scleropogon sp.)-cholla (Cylindropuntia sp.) type habitats. Cave myotis bat BLM Sensitive This species is found primarily at lower elevations occurring in Unlikely to occur in the proposed project area due (Myotis velifer) shortgrass plains, scrub-grassland, Chihuahuan desert scrub, to lack of habitat to support roosting and maternal Sonoran desert scrub, Plains and Great Basin swamp and colonies. riparian scrub, pine-oak woodlands, and oak savannah. Inhabits caves in the limestone region of southeastern New Mexico, and it has also roosted in barn swallow (Hirundo rustica) nests. It is never more than a few miles from a water source, such as canals, tanks, or creeks. Fringed myotis bat BLM Sensitive A mid-elevation woodland bat that occurs in montane forest Unlikely to occur in the proposed project area due (Myotis thysanodes and woodland, mountain meadow, interior chaparral, scrub- to lack of typical mid-elevation habitat within the thysanodes) grassland, alkali sacaton grassland, Chihuahuan desert scrub, project area. swamp and riparian forests and scrub, Mohave desert scrub, upland Sonoran desert scrub, and occasionally in tundra. Gray-footed chipmunk BLM Sensitive Mostly found in forested habitats such as piñon-juniper Unlikely to occur in the proposed project area due (Neotamias canipes woodlands, but may also occur shrublands, and desert to lack of forested/woodland habitat, dead/downed canipes) communities. It may occur in down and dead trees, dense trees, brushy hillsides, and rock crevices. stands of mixed timber, and on brushy hillsides, particularly in rock crevices. Guadalupe pocket BLM Sensitive Found in sycamore (Platanus sp.), cottonwood (Populus sp.), Unlikely to occur in the proposed project area due gopher and rabbitbrush (Chrysothamnus sp.) riparian communities in to lack of riparian habitat (Thomomys bottae the Guadalupe Mountains of southeastern New Mexico and guadalupensis) western Texas.

Environmental Assessment B-12 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Common Name Status1 Range or Habitat Requirements Potential for Occurrence in Project Area (Species Name) Long-legged myotis bat BLM Sensitive Primarily a forest species occurring in chaparral, alpine and Unlikely to occur in the proposed project area due (Myotis volans interior) subalpine grassland, coniferous forest, scrub-grassland, to lack of habitat to support roosting and maternal Chihuahuan desert scrub, swamp and riparian forests and colonies. scrub, saxicoline brush, oak savannah, and woodland, Mojave desert scrub, and upland Sonoran desert scrub. Also occurs along watercourses and in deserts. Pecos River muskrat BLM Sensitive This species inhabits waterways that have a constant and Unlikely to occur in the proposed project area due (Ondatra zibethicus fairly stable source of water with dense aquatic and emergent to lack of suitable water bodies. ripensia) vegetation surrounded by terrestrial herbaceous vegetation. Common muskrats prefer sloughs, marshes, oxbow lakes, streams, levees, dikes, and small lakes and ponds. Common muskrats build lodges in or near water using marsh vegetation. Spotted bat BLM Sensitive In New Mexico, spotted bats have been taken in areas near Unlikely to occur in the proposed project area due (Euderma maculatum) NM T 2 cliffs, including piñon-juniper woodlands and from streams or to lack of habitat to support roosting and maternal water holes within ponderosa pine or mixed coniferous forest. colonies. It has also taken over cattle tanks in a meadow surrounded by mixed coniferous forest and near a ridge with cliffs and limestone outcroppings. The spotted bat is usually captured around a water source including desert pools or cattle tanks. It also may use rivers or desert washes as travel corridors. Townsend’s pale big- BLM Sensitive Found in a variety of xeric to mesic habitats: scrub-grassland, Unlikely to occur in the proposed project area due eared bat desert scrub, semidesert shrublands, chaparral, saxicoline to lack of habitat to support roosting and maternal (Corynorhinus brush, tundra, open montane forests, spruce-fir, mixed colonies. townsendii pallescens) hardwood-conifer, and oak woodlands and forests. This species is strongly correlated to the availability of caves or cave-like habitat, but it also uses abandoned buildings and rock crevices on cliffs for roosting. Western small-footed BLM Sensitive This species is widely distributed in the western United States, Unlikely to occur in the proposed project area due myotis bat and found in many habitat types. Occurs in riparian wooded to lack of water sources within the proposed (Myotis ciliolabrum areas, bare rock/talus/cliffs, grassland and shrublands, and project area and lack of coniferous habitat, riparian melanorhinus) coniferous or mixed woodland areas. Generally inhabits woodlands, bare rock, and cliff areas within the desert, badland, chaparral, western coniferous forests and proposed project area. semiarid habitats, more mesic habitats in southern part of range. In New Mexico, the distribution of this species seems to be in the ponderosa pine zone, although they occur as low as desert and as high as the lower edges of the spruce-fir zone.

Environmental Assessment B-13 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

Common Name Status1 Range or Habitat Requirements Potential for Occurrence in Project Area (Species Name) Yuma myotis bat BLM Sensitive Occurs in riparian communities, grasslands, semi-desert Unlikely to occur in the proposed project area due (Myotis yumanensis shrublands, mountain brush, woodlands, and desert habitats. to lack of habitat to support roosting and maternal yumanensis) It also occurs in arid canyon lands and Sonoran desert scrub. colonies. The species is associated with riparian areas and watercourses in the western United States. Roosts in caves, mines, cliffs, crevices, buildings, and swallow nests, including cliff swallows (Petrochelidon pyrrhonota). 1 Federal (USFWS) status: E = Endangered, T = Threatened, C = Candidate, ENEP = Experimental Population, Non-Essential. New Mexico State status: NM E = Endangered, NM T = Threatened. 2 Species is listed as threatened or endangered by the USFWS or NMDGF; however, the species is not listed as occurring within Eddy County, New Mexico. Sources: Except where otherwise noted, range or habitat information for wildlife species is taken from the Biota Information System of New Mexico (2018), USFWS Information for Planning and Consultation (USFWS 2018b), NatureServe (2018), Cartron (2010), and USFWS and CEHMM (2017).

Environmental Assessment B-14 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico

APPENDIX C. NMDGF PIPELINE TRENCHING GUIDELINES

Environmental Assessment C-1 Oxy USA Inc., Cedar Canyon Gas ROW from River Bend Header to West Header Right-of-Way Project in Eddy County, New Mexico