Surface Disturbances and Ecological Resources Associated with Oil & Gas Development

Jana White, PhD Ecologist Aaron Maier, Certified EcologistAugust 27, 2013

Presentation Outline:

1. Current status and future challenges Key regulations Case studies

2. Future industry directions and potential hurdles Using ecosystem services

metrics for development prioritization

Ecological ResourcesWhat do operators encounter when an area is proposed for development? Vegetation Wetlands Sensitive habitats T&E Species Raptors Sage Grouse

Regulations – The Big Ones

Montana Environmental Policy Act (MEPA) National Environmental Policy Act (NEPA) Endangered Species Act (1973) Clean Water Act (1977) State of Montana Sage-Grouse Executive

Order (in development) Migratory Bird Treaty Act (1918) Bald and Golden Eagle Protection Act (1940) MDEQ Rules and Statutes BLM, Forest Service, State, Local Statutes

Agency-specific Based on mineral

rights ownership State and private

mineral rights – MBOGC

Federal mineral rights – BLM

Reclamation plan required as part of POD, APD, or master development plan

Vegetation Management and Revegetation

Sustainable Development Interim reclamation

minimize impacts of development on other resources and uses

Final reclamation character and productivity of the land and water are restored

BLM photo, BMP Guide

Vegetation Management and Revegetation

Pre-development Planning Data for cover and

species prior to development

Assist in setting reclamation goals

Vegetation Management and Revegetation

Regulatory inspection processes and considerations

Invasive species management and control

Vegetation Management and Revegetation

Canada Lynx, Photo USFWS, Montana Field Office

Wildlife Regulations – T&E Species

1973 Endangered Species Act Affects all sites – public and private Initial T&E Species Evaluation Required on

Proposed Oil and Gas Permits

Montana: 12 listed species (9 animals, 3 plants)

Piping Plover, NE Game and Parks photo Ute Ladies’ Tresses, USFWS photo

Wildlife Regulations

State-listed species, species of concern

Mountain Plover, FWS photo/Fritz Knopf

Greater Short-Horned Lizard,MT Natural Heritage Program / Bryce Maxell

Pygmy Rabbit, H. Ulmschneider (BLM) / R. Dixon (IDFG)

Hierarchy of Evaluation

Federally listed T&E SpeciesBLM Sensitive Species

State-listed

Wildlife Regulations

Migratory Bird Treaty Act Bald and Golden Eagle Protection Act

Protects birds, eggs, and nests

Wildlife Regulations – Raptors

Raptors of Conservation Concern Common Name Spatial buffer (miles) Seasonal buffer Golden Eagle 0.5 January 15 - July 31 Ferruginous Hawk 1 March 15 - July 31 Swainson's Hawk 0.25 April 1 - August 31 Bald Eagle Variable (0.5 to 1) Prairie Falcon 0.5 March 1 - August 15 Peregrine Falcon 0.5 March 1 - August 15 Short-eared Owl 0.25 March15- August 1 Burrowing Owl 0.25 April 1 – September 15 Northern Goshawk 0.5 April 1 - August 15

Seasonal noise limitations, buffers, and timing restrictions to reduce the impacts of construction, operations, and noise.

Wildlife Regulations – Raptors (BLM)

What do we do if a raptor nest is present?Raptor Case Study

Wildlife Regulations – Sage Grouse

February 2, 2013 – Habitat Conservation Advisory Council established by Executive Order

January 31, 2014 – Council to provide recommendations on policies and actions for state-wide strategy to preclude the need for ESA listing

Sage Grouse, FWS photo

Date Topic

May 21-23 Establish Need, Objectives, Background

June 11-12 Transmission, Infrastructure, Wind

June 25-26 Oil, Gas, Mining

July 16-17 Surface Disturbance, Fire, Invasive Species

July 30-31 Agricultural Conversion, Working Lands

August 13-14 Mitigation

September 4-5 Adaptive Management, Implementation, Compliance Monitoring, Reporting

September 24-25 Review Draft Recommendations

October 8-9 Finalize Draft Recommendations for Public Comment

January 7-8, 2014 Final Recommendations

Wildlife Regulations – Sage Grouse

What is being proposed? Core area recommendations and General Habitat

Recommendations Core areas to delineate areas of highest conservation

priority. Goal is maintenance of both distribution and abundance for the

species. Core areas should be avoidance areas for new energy

development.

Key Core area stipulations: Surface Disturbance Surface Occupancy Seasonal Use

Wildlife Regulations – Sage Grouse

Key Core Area Stipulations:Surface Disturbance Limited to 3% of suitable sage-grouse habitat per section

averaged across the entire project area Sections where previously development > 3% of

sagebrush habitat, further development is precluded or on-site mitigation for disturbance impacts must be implemented

Offset multipliers may be implemented in select cases incentives to develop within unsuitable habitat outside 3.8 mile

lek buffers acres of development in unsuitable habitat are not considered

disturbance acres

Sage Grouse – MT Core Area Proposal

Key Core Area Stipulations:Surface Occupancy Minimum No Surface Occupancy (NSO) zone around

active leks of 3.8 miles NSO means no surface facilities or roads Alternative to NSO is establishing master development

plans Comply with strict development stipulations (avoidance and

target areas) Phased development and maximum disturbance limitations

Sage Grouse – MT Core Area Proposal

Key Core Area Stipulations:Seasonal Use Permissible period of activity outside the 3.8

mile perimeter of an active lek in core areas where breeding, nesting, and early brood-rearing is present: June 16 – February 29

Production and maintenance activity is exempted

Activities may be allowed during seasonal closure periods on a case-by-case basis

Activities in unsuitable habitat also may be approved year round on a case-by-case basis

Sage Grouse – MT Core Area Proposal

What is being proposed?General Habitat Recommendations – areas where sage-grouse occur but have not been identified as core or connectivity areas Surface Disturbance – limited to 5% of suitable sage-grouse

habitat within a sage-grouse population or sub-population Surface Occupancy – minimum NSO zone around active leks of

1 mile, preferably 1.8 miles. NSO means no surface facilities and no roads

Seasonal Use – Minimize activity (development and production) within 3.8 miles of an active lek between March 1 and June 15 in breeding, nesting and brood-rearing habitat

Transportation – new road construction should be minimized

Sage Grouse – General Habitat Recommendations

The Challenge: What is a wetland? Is it jurisdictional?Wetlands & Waters of the U.S.

The Challenge: What is a wetland? Is it jurisdictional?

Intermittent & Ephemeral Wetlands and Streams

Wetlands & Waters of the U.S.

Regulatory Jurisdiction: Section 10 Rivers and Harbors Act of 1899 Section 404 Clean Water Act of 1977

Wetlands & Waters of the U.S.

Wetlands & Waters of the U.S.

Types of Permits:1. Individual Permits

wetland removal2. General/Nationwide

Permits minor road projects, utility

line installation, dam reconstruction activities

Wetland Case Study

Future Industry Direction in MT?

What is the business case for protecting and enhancing biodiversity and ecosystem services?

Biodiversity and Ecosystem Services

Future Industry Directions

BES Categories:

Source: www.ipieca.org

Future Industry DirectionsFuture development prioritization based on ecological resource and ecosystem services assessments

Example – Pipeline Construction Proper pipeline location can significantly reduce or

eliminate impacts to cultural, scenic, biological, and other environmental factors

Right of Way should be selected by considering 4 BES categories (Regulating, Provisioning, Cultural, and Supporting)

Contact Information:Jana White, PhD

Ecologistjwhite@trihydro.com

307/745-7474