Geothermal lease challenged

Forest Service and BLM receive appeals

The Forest Service has received two appeals against forest supervisor Charlie Richmond’s February 4 decision to consent to lease 3,756 acres of National Forest Service land near Tomichi Dome for geothermal development. The parcel is one of two areas approved in March for geothermal leasing by the Bureau of Land Management (BLM), which manages the mineral estate and would manage the sale and development of the leases for both parcels of land.

Public scoping of the potential lease identified a wide range of environmental concerns, including protection for the Gunnison sage grouse, Canada lynx habitat, wetland riparian areas and large game habitat. According to Gunnison District forest ranger John Murphy, there were enough concerns that Forest Service discussion included consideration of not leasing.
“There are a lot of restrictions on the lease,” Murphy said. “If somebody decides to operate on National Forest system lands, it will be controlled very tightly.”
Those stipulations include measures such as prohibiting disturbance within four miles of known or yet to be discovered lekking grounds for the Gunnison sage grouse and seasonal limitations on surface disturbance to protect winter game range. But both the Double Heart Ranch and the Center for Native Ecosystems filed appeals against the Forest Service decision to lease. The major points of concern surround the protection of the Gunnison sage grouse.
“The recent science, and what we feel is the best available science, is saying that sage grouse need a larger barrier around lekking areas but also strong protection for habitat during other times of the year,” said Center for Native Ecosystems staff attorney Matt Sandler.
“That’s one of the big fights,” Sandler continued. “How much room does a species need around its necessary yearly habitat? As an organization we definitely support geothermal development—we think it’s a great source of energy. But it’s being sensible about where we’re putting this and whether it can be done in the Gunnison Basin.”
Murphy and the Forest Service spoke with both the Center for Native Ecosystems and Double Heart Ranch the week of April 18 to determine whether their concerns could be addressed prior to a formal appeals process. But the groups made little headway.
“About 440 acres are owned by [Double Heart Ranch], but the federal government owns the mineral rights. The land is included in the parcel that the BLM is overseeing,” Murphy said. “They want to see the stipulations the Forest Service had for Gunnison sage grouse [on that parcel]—ours was more restrictive [than the BLM], and would have put 440 acres under no surface occupancy. Basically, they don’t want to see anything going on their lands. It’s really a BLM-related issue… but they weren’t willing to back off.”
The inconsistencies between Forest Service and BLM stipulations for Gunnison sage grouse protection also concern the Center for Native Ecosystems, according to Sandler. The BLM decision allows for lease developers to apply for a waiver, exception or modification to the stipulation preventing surface disturbance within a .6-mile buffer around sage grouse lekking areas. The Forest Service only allows for consideration of a waiver between a buffer of .6 and 4 miles.
Review of the appeals to the Forest Service by the agency’s regional appeal review team upheld decision. But the Center for Native Ecosystems plans to appeal the BLM decision to lease for geothermal development, which included the BLM adoption of the Forest Service consent to lease.
According to BLM realty specialist Marnie Medina, the BLM has received three notices of appeal regarding the BLM decision to adopt the Forest Service findings, including the Center for Native Ecosystems, Wild Earth Guardians and Colorado Wild. The groups have thirty days to file statements of reason with the State BLM office, which will then be reviewed by the Interior Board of Land Appeals.
Medina also indicated that the Washington BLM office received notice from the Center for Native Ecosystems that the organization would protest the BLM decision to amend the Gunnison Resource Area Resource Management Plan that accompanied the agency’s decision to lease for geothermal development. Add to that a 60-day review period under way at the Governor’s office, and it will likely be a month or two until it is clear if the BLM decisions are upheld or subject to further consideration.
“It will likely be the end of May or beginning of June before we know if we have more work to do or are good to move forward,” Medina said.