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HomeMy WebLinkAbout2.10 4-203 Environmental Impact Report MASTER_rev_compiled Consultants in Natural Resources and the Environment Denver 1842 Clarkson St. Denver, CO 80218 303.830.1188 Boise 3314 Grace St. Boise, ID 83703 208.373.7983 Durango 1015 ½ Main Avenue Durango, CO 81301 970.422.2136 Western Slope P.O. Box 932 161 South 2nd St. Hotchkiss, CO 81419 970.872.3020 www.eroresources.com ERO Resources Corp. March 20, 2014 Katy Middleton Blue Sky Permitting and Planning, LLC 9321 54 Road Mesa, CO 81643 (Email-delivered) RE: Environmental Impact Report OXY USA WTP LP Pond 10 Dear Ms. Middleton, On April 24, 2013, ERO Resources Corporation (ERO) conducted a biological resource survey for Pond 10 in the Grand Valley Field on behalf of OXY USA WTP LP (Oxy). The pond is located approximately 10 miles north of DeBeque in Garfield County, Colorado. This document is intended to supplement a Land Use application to Garfield County. Location and Existing Conditions For the purposes of the proposed project, the survey area was defined as a uniform 0.5 mile surrounding the existing project envelope (Figure 1). The legal description of the approximate center of the project area is Sections 5 and 8, T7S, R97W of the 6th PM; UTM NAD 83 Zone 12N, 737050m Easting, 4372373m Northing; Latitude, Longitude: 39.468305°N, -108.244193°W; USGS Red Pinnacle, CO Quadrangle. Oxy is the surface owner. Currently, the Pond 10 project area contains an existing produced water storage pond fenced for site security purposes and wildlife exclusion. Flagging deterrents are installed over the pond to discourage birds from accessing the water. Photo 1. Looking southeast from northwest corner of Oxy Pond 10 project area (4.24.13). Page 2 The site also supports three storage areas in the vicinity of the existing produced water storage pond. Construction materials, construction equipment, assorted production equipment including separators, tanks, piping, and valves, and shipping containers are stored onsite. No liquids currently are stored in the storage sites. Photo 2. Looking south from northwest corner of Oxy Pond 10 project area (4.24.13). Photo 3. Looking west; Storage Area 3 at photo center and existing disturbed vegetation community in foreground (4.24.13). Proposed Project Oxy proposes to upgrade the existing site with the following modifications to the existing produced water storage pond: 1. Regrade existing two-pond layout into a single pond; 2. Install Pond liner system; 3. Upgrade sediment control along east edge of site; 4. Grade new access ramp to pond from west (existing disturbed areas); 5. Improve existing access road from south to include adequate traffic patterns/turning radius, grade, cattleguards, and drainage improvements; Page 3 6. Re-install improved 8-foot tall wildlife fence incorporating buried portions for deterring both large and small mammals (Chain link fence, with 1 foot below grade and 2 feet above grade mesh; see attached detail); 7. Replace flagging with bird netting to exclude birds from entering pond; and 8. Drill 3 new groundwater monitoring wells. Oxy proposes to upgrade the existing site with the following modifications to the existing storage areas: 1. Storage Area 1, install swale and sediment trap; 2. Storage Area 2, install swale and sediment trap and minor regrading; and 3. Storage Area 3, raise grade to level of existing pond access; improve access ramp and incorporate with new grade; and install retention pond. Oxy plans to beginning grading on or about May 1, with about 10 to 12 weeks required for construction and an additional 2 weeks for site clean-up. Changes to truck traffic for purposes of storage would be minimal. Construction materials, construction equipment, assorted production equipment to include separators, tanks, piping, and valves, and shipping containers would be stored onsite. No liquids would be stored in the storage sites. Environmental Setting ERO Natural Resources Specialist completed a visual site review of the proposed project areas (April 24, 2013). ERO walked the entire site, and reviewed the proposed project area for environmental issues requiring permitting or clearance, including wetlands, waters of the U.S., Threatened and Endangered species habitat, and noxious weeds. Colorado Parks and Wildlife (CPW) habitat and species/nest occurrence maps were referenced prior to and during field surveys. ERO also reviewed the most recent aerial photography (2011), U.S. Fish and Wildlife Service Information, Planning, and Conservation documents (USFWS 2013), State of Colorado (Colorado Department of Agriculture 2013) and the Garfield County Noxious Weed Lists (Garfield County 2013). National Resource Conservation Service (NRCS 2013) soil maps and National Wetland Indicator (USFWS NWI) maps were also referenced prior to site review. During the field review, Pond 10 was observed to be in a valley bottom at an approximate elevation of 5,800 feet above sea level (Figure 2). The existing pond location and parking, storage, and access areas consist of graveled and maintained surfaces with minimal to no vegetation. East of the pond location is a previously graded area that was disturbed during pad construction and has partially revegetated. These developed areas are immediately surrounded by sagebrush-steppe habitat. Cliff and cottonwood riparian habitat occur within 0.25 mile of the project area. The sagebrush-steppe habitat is dominated by sagebrush (Artemesia tridentata sp.), primarily along the eastern project area boundary. Dominant vegetation in the Pond 10 project area is listed in Table 1. Page 4 Table 1. Vegetation observed near Pond 10. Common Name Scientific Name Sagebrush Artemisia tridentata sp. Saltbush Atriplex spp. Cheat grass Bromus tectorum Gambel’s oak Quercus gambelii Wheatgrasses Thinopyrum spp. Rye Elymus spp. Crested wheatgrass Agropyron cristatum Rabbitbrush Ericameria nauseosa Photo 4. Looking east from approximate center of Oxy Pond 10 project area showing disturbed areas (road and brighter green) and relatively undisturbed low sagebrush slopes (grey-green) (4.24.13). Photo 5. Looking south from near the eastern edge of Oxy Pond 10 project area; disturbed areas and sagebrush shrublands visible in photo (4.24.13). Page 5 Photo 6. Looking northeast from Conn Creek Road toward Storage Areas 1 and 2 from Conn Creek Riparian area (Riparian area would not be disturbed) (4.24.13). Noxious Weeds No noxious weeds were observed at the time of the site visit (Colorado Department of Agriculture 2014, Garfield County 2014). However, the site visit was performed early in the season and germination and emergence was minimal. Federally threatened, endangered, proposed, and candidate Species Table 2 lists the federally threatened, endangered, proposed, and candidate (TEPC) species with the potential to occur in the project area, as defined by the U.S. Fish and Wildlife Service (USFWS) Information, Planning, and Conservation (IPaC) mapper. Table 2. TEPC species with the potential to occur in the project area. Common Name Scientific Name USFWS Status CPW Status Potential to Occur? Mammals North American wolverine Gulo gulo luscus PT SE No Birds Greater sage-grouse Centrocercus minimus C SC No Mexican spotted owl Strix occidentalis lucida T ST No Yellow-billed cuckoo Coccyzus americanus C SC No Fish Bonytail chub Gila elegans E SE No Colorado pikeminnow Ptychocheilus lucius E ST No Greenback cutthroat trout Oncorhynchus clarki stomias T ST No Humpback chub Gila cypha E ST No Razorback sucker Xyrauchen texanus E SE No Page 6 Common Name Scientific Name USFWS Status CPW Status Potential to Occur? Plants Ute ladies’-tresses Spiranthes diluvialis T - No DeBeque phacelia Phacelia submutica T - No Parachute beardtongue Penstemon debilis T - No E = Federal Endangered; T = Federal Threatened; C = Federal Candidate; P = Federal Proposed; PE = Federal Proposed Endangered; PT = Federal Proposed Threatened; SE = State Endangered; ST = State Threatened; SC = State Special Concern. Sources: USFWS 2014 There is potential for one species with ESA “candidate status” – greater sage- grouse (Centrocercus minimus) – to occur near the project area. According to the Colorado Oil and Gas Conservation Commission (COGCC) maps developed by Colorado Parks and Wildlife (CPW), the project area is 0.8 mile from a greater sage grouse production area (COGCC 2014a, CPW 2013; ERO Figure 3). However, the project area is outside of any sage-grouse habitat; no designated sage-grouse habitat would be impacted. The site was carefully reviewed and no visible evidence – scat, secal dropping, tracks, or feathers – was observed during the site visit. General Wildlife A majority of the Pond 10 project envelope is disturbed or developed. However, many wildlife species are known to occur in the area. Most are adapted to human- caused disturbances in the region. Species may include coyote, mice, rats, raccoon, fox, various snakes, hawks, ground squirrels, and lizards. Table 3. Wildlife Species Known to Occur in the Project Area. Species Potential to Occur? Coyote Yes Mice Yes Rats Yes Raccoon Yes Fox Yes Snakes Yes Hawks Yes Ground squirrels Yes Lizards Yes A review of the COGCC CPW data identified the project area as entirely contained within mule deer critical winter range and within 1 mile of an elk winter concentration area (Figure 3). However, the project area is mostly disturbed and no evidence of use by mule deer was observed. Page 7 No raptor nests or substrates were observed within the project area at the time of the site visit. There also were no visual or auditory observations of raptors during the survey. Black-billed magpie nests were observed in the cottonwood riparian drainage of Conn Creek west of the project area, and cliff nesting habitat is also present east of the project area. Migratory Birds Most birds in Colorado – with the exception of grouse and the non-native house sparrows, starlings, and rock pigeons – are protected by the MBTA. The regulatory definition of the MBTA prohibits, among other things, the act [or attempt] to pursue, hunt, shoot, wound, kill, trap, capture, or collect migratory birds, and applies to both live and dead birds as well as any part of their anatomy, nests, or eggs. However, the MBTA does not contain a prohibition that applies to the destruction of a migratory bird’s habitat or the destruction of an inactive nest, as long as the nest or its contents are not collected. Nest destruction that results in the unpermitted take of migratory birds or their eggs is illegal and fully prosecutable under the rules of the MBTA (Migratory Bird Permit Memorandum, USFWS, April 15, 2003). The active nesting season for most migratory bird species in Colorado occurs between April 1 and August 31, which coincides with the peak construction season. Several state and federal agencies have adopted general species avoidance strategies, including vegetation removal outside of the breeding season, to preclude a violation of the MBTA. Impact Analysis The following sections evaluate the potential impacts of project implementation. ERO believes that the proposed impacts can be completely mitigated. The approach to mitigate impacts is summarized in the following “Recommendations” section. Noxious Weeds No noxious weeds were observed during the site review; however, based on previous surveys, weeds likely are present (see Table 4 for list of noxious weeds with the potential to occur in Garfield County). Proposed activities can increase the distribution of noxious weeds via seeds trapped in equipment tires and crevices or personnel shoes and clothing. The Colorado Noxious Weed Act designates undesirable plants that are considered threats to Colorado’s natural resources. The Colorado Noxious Weed Act contains three lists of noxious weeds: List A, List B and List C. List A and B weeds are targeted for eradication. List C species are not considered major threats at this time and are not currently subject to eradication (see Appendix A for the Colorado Noxious Weed List). Garfield County has designated 19 species as noxious weeds (Garfield County 2013) (Table 4). Table 4. Garfield County Noxious Weed List. Common Name Scientific Name Documented in Project area Canada thistle Cirsium (Breea) arvense no Chicory Cichorium intybus no Page 8 Common Name Scientific Name Documented in Project area Common burdock Arctium minus no Dalmatian toadflax Linaria dalmatica no Diffuse knapweed Centaurea (Acosta) diffusa no Hoary cress/whitetop Cardaria draba no Houndstongue Cynoglossum officinale no Jointed goatgrass Aegilops cylindrica no Leafy spurge Euphorbia esula no Musk thistle Carduus nutans no Oxeye daisy Chrysanthemum leucanthemum no Plumeless thistle Carduus acanthoides no Purple loosestrife Lythrum salicaria no Russian knapweed Centaurea repens no Russian olive Elaeagnus angustifolia no Scotch thistle Onopordum acanthium no Spotted knapweed Centaurea maculosa no Tamarisk/salt cedar Tamarix parviflora, T. ramosissima no Yellow starthistle Centaurea solstitialis no Yellow toadflax Linaria vulgaris no Musk thistle has been observed near the project area and is the species most likely to occur during the growing season. Oxy monitors and treats noxious weeds seasonally typically with bareground treatments in the early spring followed by hand-spray applications upon detection of noxious weeds. Oxy tracks noxious weed treatment in compliance with Oxy’s Noxious Weed Management Plan. Federally threatened, endangered, proposed, and candidate Species No federally threatened, endangered, proposed, candidate or sensitive species occur in the project area. There are no anticipated impacts to this category of species. General Wildlife Temporary increases in human activity at the site may discourage use by some wildlife species; however, most species found in the project vicinity are acclimated to human presence and may temporarily alter their behavior patterns during active construction. The project would result in about 0.75 acres of regrading on the eastern edge of the site in existing minimally disturbed areas for purposes of improving sediment control. This area is low sagebrush vegetation on moderate slopes, which is poor shelter and forage habitat. There is little risk for wildlife, including deer, to pass Page 9 into the pond area or become trapped in the pond; the proposed eight-foot fence with skirting would prevent both ungulates and small mammals from passing into the produced water storage impoundment. Oxy’s wildlife policy states that Oxy employees or contractors will not harm or harass wildlife. Migratory Birds Clearing, grubbing, and increased human activity all have potential temporary and permanent impacts to migratory birds. No new surface disturbance in nesting areas is anticipated to result from proposed activities at Pond 10; therefore no permanent impacts to migratory birds are anticipated. Increased human activity may temporarily discourage use of the project area by migratory birds; however this impact would be limited to the construction period. Following construction activities, birds are anticipated to resume their normal pattern of use and activity. Bird-specific netting would be installed over the pond to preclude entry by migratory birds. (COGCC 2014b). Radiation and Other Hazards No radiation or hazardous materials, including liquids would be stored at the site. Recommendations • No wildlife or raptors were observed during the site visit in April 2013. Based on this site review, it is unlikely that raptors would be disturbed by construction at the site due to lack of nearby habitat. However, ERO understands that a follow-up site visit may be necessary in April or May 2014. • ERO recommends additional weed surveys and treatment be conducted prior to work at the site, in compliance with Oxy’s Noxious Weed Management Plan. • New temporary disturbance areas should be reseeded with an appropriate seed mix similar to the mix shown in Table 5. Oxy will utilize the seeding mix identified in the SWMP. • Activities would adhere to Oxy policies, including traffic regulations and posted speed limits (25 mph in project area). Table 5. Sample Montane Seed Mix. Common Name Scientific Name Variety Percent of Mix PLS lbs/ac Western wheatgrass Pascopyrum smithii Arriba, Rosana 27 9 Sandberg bluegrass Poa secunda VNS 24 1 Indian ricegrass Achnatherum hymenoides Paloma or Rimrock 25 6 Bluebunch wheatgrass Pseudoroegneria spicata var. inermis Secar, Anatone, P-7 or Goldar 24 6.5 Common Name Scientific Name TOTAL Please feel free to contact me at (970) 872 you have any questions. Sincerely, Aleta Powers Principal, Environmental Attachments: Figures 1 through 3 Scientific Name Variety Percent of Mix 100 feel free to contact me at (970) 872-3020 or apowers@eroresources.com you have any questions. Environmental Specialist Figures 1 through 3; fence specification Page 10 Percent of Mix PLS lbs/ac 100 22.5 apowers@eroresources.com if Page 11 References Colorado Department of Agriculture. 2013. Noxious Weed List. Available at: http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=application%2F pdf&blobheadername1=Content-Disposition&blobheadername2=MDT- Type&blobheadervalue1=inline%3B+filename%3D150%2F152%2FWeed+list+11- 17-09.pdf&blobheadervalue2=abinary%3B+charset%3DUTF- 8&blobkey=id&blobtable=MungoBlobs&blobwhere=1251602601181&ssbinary=tr ue. Last Accessed: April 2013. Colorado Oil and Gas Conservation Commission (COGCC). 2014. COGCC GIS Online Wildlife Map. Available: http://cogcc.state.co.us/infosys/Maps/wildlifemap.cfm. Accessed: March 2014. Colorado Oil and Gas Conservation Commission (COGC). 2014. Rules and Regulations: 902. PITS - GENERAL AND SPECIAL RULES. Available at: http://cogcc.state.co.us/. Last accessed: March 20, 2014. Colorado Parks and Wildlife (CPW). 2014. Natural Diversity Information Source (NDIS). Available: http://ndis.nrel.colostate.edu/. Accessed: March 2014. Garfield County. 2013. Noxious Weed List. Available at: http://www.garfield- county.com/vegetation-management/noxious-weed-list.aspx. Last accessed: April 2013. U.S. Department of Agriculture; Natural Resources Conservation Service (NRCS). 2013. Web Soil Survey. Available at: http://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. Last Accessed: September 2013. U.S. Fish and Wildlife Service (Service). 2013. IPaC: Information, Planning and Conservation Program. Available at: http://ecos.fws.gov/ipac/wizard/trustResourceList!prepare.action. Previously Accessed: April 2013. U.S. Fish and Wildlife Service (USFWS). 2014. IPaC: Information, Planning and Conservation Program. Available at: http://ecos.fws.gov/ipac/wizard/trustResourceList!prepare.action. Last Accessed: March 2014. Page 12 Appendix A- Colorado Noxious Weed List Common Name Scientific Name List (Classification) African rue Peganum harmala List A Bohemian knotweed Polygonum x bohemicum List A Camelthorn Alhagi pseudalhagi List A Common crupina Crupina vulgaris List A Cypress spurge Euphorbia cyparissias List A Dyer's woad Isatis tinctoria List A Elongated mustard Brassica elongata List A Giant knotweed Polygonum sachalinense List A Giant reed Arundo donax List A Giant salvinia Salvinia molesta List A Hydrilla Hydrilla verticillata List A Japanese knotweed Polygonum cuspidatum List A Meadow knapweed Centaurea pratensis List A Mediterranean sage Salvia aethiopis List A Medusahead Taeniatherum caput-medusae List A Myrtle spurge Euphorbia myrsinites List A Orange hawkweed Hieracium aurantiacum List A Purple loosestrife Lythrum salicaria List A Rush skeletonweed Chondrilla juncea List A Squarrose knapweed Centaurea virgata List A Tansy ragwort Senecio jacobaea List A Yellow starthistle Centaurea solstitialis List A Absinth wormwood Artemisia absinthium List B Black henbane Hyoscyamus niger List B Bouncingbet Saponaria officinalis List B Bull thistle Cirsium vulgare List B Canada thistle Cirsium arvense List B Chinese clematis Clematis orientalis List B Common tansy Tanacetum vulgare List B Common teasel Dipsacus fullonum List B Corn chamomile Anthemis arvensis List B Cutleaf teasel Dipsacus laciniatus List B Dalmatian toadflax- broad leaved Linaria dalmatica List B Dalmatian toadflax- narrow leaved Linaria genistifolia List B Dame's rocket Hesperis matronalis List B Diffuse knapweed Centaurea diffusa List B Eurasian watermilfoil Myriophyllum spicatum List B Hoary cress Cardaria draba List B Houndstongue Cynoglossum officinale List B Leafy spurge Euphorbia esula List B Mayweed chamomile Anthemis cotula List B Moth mullein Verbascum blattaria List B Musk thistle Carduus nutans List B Page 13 Common Name Scientific Name List (Classification) Oxeye daisy Chrysanthemum leucanthemum List B Perennial pepperweed Lepidium latifolium List B Plumeless thistle Carduus acanthoides List B Quackgrass Elytrigia repens List B Russian knapweed Acroptilon repens List B Russian-olive Elaeagnus angustifolia List B Salt cedar Tamarix chinensis, T. parviflora, and T. ramosissima List B Scentless chamomile Matricaria perforata List B Scotch thistle Onopordum acanthium List B Scotch thistle Onoporfum tauricum List B Spotted knapweed Centaurea maculosa List B Spurred anoda Anoda cristata List B Sulfur cinquefoil Potentilla recta List B Venice mallow Hibiscus trionum List B Wild caraway Carum carvi List B Yellow nutsedge Cyperus esculentus List B Yellow toadflax Linaria vulgaris List B Bulbous bluegrass Poa bulbosa List C Chicory Cichorium intybus List C Common burdock Arctium minus List C Common mullein Verbascum thapsus List C Common St. Johnswort Hypericum perforatum List C Downy brome Bromus tectorum List C Field bindweed Convolvulus arvensis List C Halogeton Halogeton glomeratus List C Johnsongrass Sorghum halepense List C Jointed goatgrass Aegilops cylindrica List B Perennial sowthistle Sonchus arvensis List C Poison hemlock Conium maculatum List C Puncturevine Tribulus terrestris List C Redstem filaree Erodium cicutarium List C Velvetleaf Abutilon theophrasti List C Wild proso millet Panicum miliaceum List C Project Area Prepared for: OxyFile: 5449 Figure 1.mxd [GS]March 2014 ± Figure 1Site LocationOxy Pond 10 Portions of this document include intellectual property of ESRI and its licensors and are used herein under license. Copyright © 2012 ESRI and its licensors. All rights reserved. 02,0001,000 Feet COLORADO Location Sections 5 and 8, T7S, R97W; 6th PM UTM NAD 83: Zone 12N; 737050mE, 4372373mNLatitude, Longitude: 39.468305°N, 108.244193°WUSGS Red Pinnacle, CO QuadrangleGarfield County, Colorado Prepared for: OxyFile: 5449 Figure 2.mxd [GS]March 2014 ± Figure 2Project AreaOxy Pond 10 0200100 Feet Project Area Image Source: USDA NAIP, 2013 Prepared for: OxyFile: 5449 Figure 3.mxd [GS]March 2014 ± Figure 3Natural ResourcesOxy Pond 10 01,200600 Feet Elk Winter Concentration Greater Sage Grouse Production Area/Lek Site Mule Deer Critical Winter Range Project Area One-Half Mile Project Area Buffer One Mile Project Area Buffer Image Source: USDA NAIP, 2013; Data Source: COGCC, 2008