Cathy Purves, Trout Unlimited
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Mar 01 2019 03.05PM Trout Unlimited 3073329299 page 1 TROUT UNLIMITED FAX COVER SHEET TO: Sheri Wysong, BLM Flu id M inerals Leasing Coordinator, Salt Lake City, Utah Office FAX NUMBER: 801-539-4237 FROM : Cathy Purves, Trout Unlimited. 307-332-6700 ext. 10 DATE: March 1, 2019 SUBJECT: TU Protest to Utah BLM March 2019 Oil & Gas Lease Sale. Number of PAGES: 11 including cover Sheri, Please find attached TU's Protest Letter for the March 2019 UT lease sale. I am also mailing you a copy since the maps may not come across as clearly in a faxed copy. Thank you for this opportunity. Sincerely, Cathy Mar 01 2019 0305PM Trout Unlimited 3073329299 page 2 - - --- - ---- - - - -· --~---- -------·--------- - - TROUTK UNLIMITED Sent Via FAX to: 801-539-4237 March 1, 2019 Sheri Wysong Fluid M inerals l easing Coordinator Bureau of Land Management Utah State Office 440 West 200 South, Suite 500 Salt Lake City, UT 84101 RE: Protest of 11 Specific Parcels offered In the March 2019 Utah BLM Competitive OIi and Gas Lease Sale Specific Protest to Parcels In the Price Field Office: UT-121B-8737-001; UT-UlS-8738-002, UT- 1218-B740·004, UT-1218-8746-010, UT-1218-8747-011, UT-1218-8749-013, UT-1218-8750-014, UT-1218·8751-015, UT-1218-8752-016, UT-1218-B-8988-245 -Specific Protest to Parcel In the Vernal Field Office: UT-1218-8735·229 Dear Ms. Wysong. Trout Unlimited (TU) respectfully protests, pursuant to 43 C.F.R. §§ 4.450-2 and 3120.1·3, the Bureau of Land Management's (BLM) lease sale offering of 11 Parcels UT-1218-8737-001; UT-1218-8738-00Z, UT- 1218-8740-004, UT-1218-8746-010, UT-1218-8747•011, UT-1218-8749-013, UT-1218-8750-014, VT- 1218-8751-015, UT-1218-8752-016, Ul-1218-B-8988-24S, and UT-1218-8735-229 (hereinafter referred to as the HParcels" ) ln Utah's scheduled March 25·26, 2019 Competitive Oil and Gas Lease Sale. Trout Unlimited protests the offering of t hese Parcels for the followlng reasons: • Conflicts with Colorado Rive r cutthroat trout populations, a Utah State and BLM Designated Sensitive Species. • Lack of substantial protective stipulations to protect native trout species. • Location of Parcels in Utah designated Blue Ribbon fisheries and lack of sufficient stipulations. • Lack of signtflcant protection measures for Parcels In designated Utah recreational areas. I. Interest of the Protestlng Party Trout UnUmlted is a non-profit conservation organization with more than 300,000 members and supporters nationwide. Our mission is to conserve, protect and restore North America's trout and salmon fisheries and their watersheds. Trout Unlimited recognizes the value of public lands is unparalleled in providing habitat to coldwater fisheries, drinking water, wlldllfe habitat and public recreation opportunities. Consistent with our mission Is TU's policy to encourage energy development In a responsible manner that meets the needs of people while e llmlnatlng, minimizing or mitigating the impacts to coldwater fisheries and their watersheds. Trout Unlimited has a strong base in Utah with approximately 1,800 members associated with eight chapters throughout the state, including chapters In the vicinity of the proposed lease Parcels. Through Trollt Unlimited: Anr&'ricn's l t!adi11g Coldwater risl,eries Conseruation Organiz.,ition 220 North Sth Street, Lander. WY 82520 (307) 332-6700 • www.Lu.org Mar 01 2019 03:05PM Trout Un limited 3073329299 page 3 Pa .e2 passion, commitment and agency cooperation, these volunteer members have been active for years in coldwater fisheries projects throughout Utah. rn addition, TU staff have Invested in restoration and protection projects on public lands that include partnering w th BLM and state agencies. II. General Comments A. Parcel Stipulations Need Improvement Trout Unlim,ted participated in the July 2018 scoping process for those Parcels offered in the December 2018 lease sa e. Our comments highlighted resource issues that remain applicable for the Parcels in question. Specifically, our concerns were about the location of Parcels in critical watersheds and in. popular fishing and recreation areas where those Parcels had not received adequate protective stipulations. We understand that during the environmental review process conducted by the SLM, many Parcels we Identified were deferred from the December sale and others received stronger stipulation measures. We appreciate the BLM's attention to our concerns. Our comments, and the reason for our protest letter, concentrate on the need to strengthen protections for vulnerable watersheds that may-through the action of selling lease parcels - be put at significant risk from oil and gas activities. In September 2018 an Idaho federal district court initiated a preliminary Injunction that temporarily halted lease sales for the December sale due to inadequate public comment opportunity and issues of leasing in critical sage grouse habitat The Utah BLM response was to cancel the December lease sale, reconsider lease parcel offerings, which they did In the Utah sale, and reoffer those parcels in the March 2019 sale. However, concerns we Identified for the December 2018 sale remain for 11 of those Parcels. For this protest, we seek permanent removal of portions of Parcels located in critical native trout habitat and increased stipulation attachments to other Parcels located In important coldwater fisheries and recreational areas. Specifically, we request that the BLM withdraw those identified Parcels that are within critical Colorado River cutthroat trout (CRCT} habitat and Utah Blue Ribbon designated streams. Because CRCT require cold clean water, intact habitat and a supportive food web for healthy populations to be sustained, any negative impacts si9niflc:mtly reducq CRCT survivol. Our concern I:. related to protecting these Important streams for the current and future benefits of Utah's vibrant fisheries, recreational and tourist economy, and the health of coldwater resources. Dur intention is not to stop energy development. B. Buffer Increases Trout Unlimited has consistently requested increased buffer extensions to parcels offered in lease sales in order to better protect the watershed and trout survival. Whlle BLM has occasionally applied additional stipulations, the request for Increased buffer space has remained unresolved. We are curious as to why BLM does not acknowledge the obvious-the wider the buffer the better the protection. Results from a study on BLM surface use stipulations in Resource Management Plans (RMPs} in the Rocky Mountain West, showed that the application of more protective surface use stipulations did not negatively affect the pace of oil and gas development or the number of jobs created. In fact, increases in Mar 01 2019 0305PM Trout Unlimited 3073329299 page 4 Pa .e 3 jobs and wells drilled were noted even with the increase environmental protections.> Despite the BLM denying our request (even with our sclence•based support) for Increased stipulations to protect its resources, SLM on the other hand provides no scientific data that proves 100 feet, or 330 feet, is sufficient to protect watersheds from oil and gas activity damage. The literature identifying the benefits supporting increased buffers is abundant, whether it Is in association with agricultural, munlcipalitles. oil and gas siting or In federal agency planning documents. It is worth noting from a management standpoint that recent USFS and BLM leasing decisions In respective land use plans have resulted in native trout and water quality protections that far exceed the 330·foot NSO buffer zone that is applied as a stlpulation on the protested Parcels. For instance, the following provide some e1<amples: • Montana's Butte BLM Final RMP (2009) that applies a one-half mlle NSO buffer for occupied and potential cutthroat trout habitat. • In Colorado's Little Snake BLM Final RMP (2011) a buffer up to one•quarter mile NSO ls applied for all perennial streams. • In Utah's Dixie National Forest Final Land Use Plan (2011), a SOD-foot NSO butter Is applicable for all suitable native trout reintroduction habitat. These recently adopted stipulations are the result of thorough analysis and they Incorporate commitments derived from native trout conservation agreements such as that for CRCT species, Because setbacks are linear in profile, modern directional drilling technology allows access to oil and gas resources that may underlie an area covered by a setback, while still providing an effective degree of protection from spills and sedimentation. This makes setbacks an effective management tool to achieve balanced development. We have provided significant science-based and peer-reviewed research support in our scoping comments for the application of increased protective stipufatlons and for consideration of the withdrawal of some Parcels due to their increased sensitivity from potential impacts from drilling activities. We provided studies showing where cutthroat trout were permanently Impacted by lingering oil and gas activities that remain in subsurface and surface waters in the Wyoming Ranae. i We have offered studies where increased buffers provide more protectionJ Including protecting native trout habitat. Studies on brook trout and hydraulic fracturing in the Marcellus Shale region illustrates the need to implement extra precautionary measures, including expanding buffer zones, to pravent 1 Ruple, John and Mark Capone. 2017. NEPA, FLPMA, and Impact Reduction: An Empirical Assessmenr of BLM Resource Management Planning and NEPA m the Mounroin West. Environmental Law Articles, Vol 46: Issue 4. Lewis & Clark Law School; Ruple, John and Mark Capone. 2016. NEPA -Substontlv~ Effectiveness Under a Procedural Mandate· Assessment ofOil and Gas E/Ss In the Mountain West. George Washington Journal of Energy & Environmental Law. Winter 2016 Pp. 36-51. 2 Gerard, Carline. 2015. The Effects of 0 ·1and Natural Gas Development on Water Quality, Aquatic Habitat, and Native Fish In Streams along the Wyoming Range.: A thesis submitted to the un·verslty of Wyoming. Zoology and Physic ogy.