December 7, 2021
Superintendent Tom Forsyth
Big Cypress National Preserve
33100 Tamiami Trail E
Ochopee, FL 34141
Submitted via email to Thomas_Forsyth@nps.gov
and online via National Park Service portal at: https://parkplanning.nps.gov/
Re: Comments on Proposal for Modification of Burnett Oil Co., Inc.’s Existing Plan of Operations (9B Permit) for the Nobles Grade 3D Seismic Survey in Big Cypress National Preserve
Dear Superintendent Forsyth:
The undersigned organizations appreciate the opportunity to comment on the Revised Compensatory Mitigation Plan to the 2016 Wetlands Statement of Findings, part of the Proposal for Modification of Burnett Oil Company, Inc.’s (hereinafter, “Burnett Oil”) Existing Plan of Operations (9B Permit) for the Nobles Grade 3D Seismic Survey dated November 8, 2021 (hereinafter, “revised mitigation plan” or “Proposed Action”).1National Park Service, Big Cypress National Preserve, Proposal for Modification of Burnett Oil Co., Inc’s Existing Plan of Operations (9B Permit) for the Nobles Grade 3D Seismic Survey (November 2021), available at: https://parkplanning.nps.gov/document.cfm?parkID=352&projectID=100967&documentID=116468
We strongly urge the National Park Service (NPS) to require Burnett Oil to fully compensate for the wetland damage it caused during its Phase I oil exploration activities in Big Cypress National Preserve through more robust on-site mitigation in addition to fully restoring and revegetating all of the seismic survey lines it created (as required by federal and state permits) that still visibly remain today. The estimated 110-square mile area of damage caused by Burnett Oil’s exploration for oil in 2017 & 2018 remains today, over three years later – soils are compacted and rutted, and the damaged areas are less diverse and largely absent of cypress tree regeneration.2Quest Ecology, Summary of March 6, 2020 Site Assessment within Burnett Oil Company’s Nobles Grade 3-D Seismic Oil and Gas Exploration area, Big Cypress National Preserve, Collier County, Florida. March 2020. Available online here.
Given that NPS is undertaking (as indicated by the Proposed Action) an effort to revise Burnett Oil’s access permit and mitigation plan, we strongly urge NPS to utilize the current opportunity to develop a more robust revised mitigation plan and modified permit than the Proposed Action currently offers by undertaking the following:
1) conduct a systematic review of all technical reports3See Quest Ecology, Comments on Turrell, Hall and Associates, Inc.’s 2020 Reclamation Monitoring Report – October 20th, 2020 Burnett Oil Company’s Nobles Grade 3-D Seismic Oil and Gas Exploration in the Big Cypress National Preserve (December 15, 2020); Quest Ecology, Summary of March 6, 2020 Site Assessment within Burnett Oil Company’s Nobles Grade 3-D Seismic Oil and Gas Exploration area, Big Cypress National Preserve, Collier County, Florida (March 15, 2020); Quest Ecology, Comments on Turrell, Hall & Associates, Inc.’s 2019 Reclamation Monitoring Report – August 30th, 2019 Burnett Oil Company’s Nobles Grade 3-D Seismic Oil and Gas Exploration in the Big Cypress National Preserve (January 3, 2020); Quest Ecology, Seismic Survey Inspection Report, Big Cypress National Preserve (June 2019); Quest Ecology, Phase I Seismic Survey Inspection Report, Big Cypress National Preserve (May 2018); Quest Ecology, Technical Review of Wetlands, Wildlife, Vegetation and Habitat Aspects of the Proposed Burnett Oil Company Nobles Grade 3-D Seismic Survey, Big Cypress National Preserve (April 2016); Quest Ecology, Preliminary Evaluation of Potential Effects of Seismic Surveying for Oil and Gas on the Endangered Florida Panther (October 2018). All reports available online at https://www.savebigcypress.org/reports. on the areas damaged by Burnett Oil’s activities (including reports from non-applicant sources) that identify myriad reclamation and monitoring shortcomings, and make recommendations on how to fully reclaim and mitigate for the damage;
2) incorporate a detailed account of the aforementioned shortcomings, as well as accounting for time lag and risk factors4See the Uniform Mitigation Assessment Method (“UMAM”), contained in Chapter 62-345, Florida Administrative Code, which specifies that time lag and risk factors be incorporated into mitigation analyses. Online at: https://www.flrules.org/gateway/ChapterHome.asp?Chapter=62-345 and loss of endangered Florida panther habitat into a revised compensatory mitigation analysis and modified permit; and
3) consider all evidence indicating Burnett Oil’s lack of adherence to numerous access permit conditions,5See especially permit conditions numbers 18, 20, 22, 26, 45, among others, within the Finding of No Significant Impact (FONSI) for Environmental Assessment Burnett Oil Company, Inc., Oil and Gas Plan of Operations Nobles Grade 3-D Seismic Survey, Big Cypress National Preserve, Florida, National Park Service. May 2016. and prepare a supplemental environmental analysis pursuant to the National Environmental Policy Act (NEPA) that analyzes all of the damage for public comment.
A supplemental NEPA analysis to support modification of Burnett Oil’s access permit and compensatory mitigation plan should be developed in addition to requiring Burnett Oil to complete reclamation of the damage it caused by, at minimum, replanting cypress trees and revegetating the denuded seismic lines the company created (and then re-starting the monitoring period).
The damaged areas within the Preserve occur in wetlands located in the heart of the Everglades ecosystem and are also located near the Florida National Scenic Trail – a major recreational trail and access point – in addition to being squarely within otherwise pristine and eligible wilderness areas. Given the significant calls from members of the public and elected leaders in calling for NPS to fully restore damage that Burnett Oil caused,6See numerous letters from general public and elected leaders online at: https://www.savebigcypress.org/resources we are deeply concerned that NPS has not made an effort in the Proposed Action to require restorative management actions commensurate with the wilderness character of the area in order to “correct past mistakes [and] the impacts of human use” as required by NPS Management Policy on Wilderness Preservation and Management,7Management Policies 2006, National Park Service, Department of the Interior, at 83, section 6.3.7. directly within the damaged areas of the Preserve. This damage remains visible to Preserve visitors today. The seismic lines left deep scars in the landscape that are readily apparent and that hydrologically alter the Preserve’s iconic dwarf cypress prairie habitats.
In order for Burnett Oil to correct the visible impacts in the Preserve – including the loss of over 500 of the Preserve’s namesake trees that were cut down during their oil exploration activities, combined with the overall lack of natural cypress regeneration (likely due to extensive soil compaction, rutting, and associated ecological impacts) – NPS should require Burnett Oil to revegetate the impacted areas, including replanting of native cypress trees. Replanting of native cypress trees should utilize saplings grown from Big Cypress seed stock and should be done to revegetate the denuded seismic lines at densities comparable to surrounding adjacent undamaged native habitat. Burnett Oil should thereafter restart the monitoring and maintenance period to ensure successful replanting, and all revegetation activities in the Preserve should be carried out without the use of any heavy machinery that may further intensify – rather than restore – existing impacts.
The enabling legislation of the Preserve directs the National Park Service to manage the Preserve “in a manner which will assure [its] natural and ecological integrity in perpetuity.”816 U.S.C. § 698i(a). Proper management of the Preserve includes issuing such rules as “necessary and appropriate to limit or control the use of Federal lands and waters with respect to . . . exploration for and extraction of oil, gas, and other minerals . . . .”9Id. at § 698i(b). Taken together, and complemented by additional NPS policy,10E.g., NPS Director’s Order #41: Wilderness Stewardship, Department of the Interior, 2013. Online at: https://www.nps.gov/policy/DOrders/DO_41.pdf NPS is empowered with the authority to reject oil exploration activities that conflict with the Preserve’s primary conservation mandate. In light of NPS’s broad authority and stewardship responsibilities, we urge NPS to utilize the current opportunity to require Burnett Oil to fully restore the damage it caused in wetlands, eligible wilderness areas, and Florida panther habitat, including replanting, and to fully mitigate for the loss of wetland functions in the Preserve, including time lag and risk. Finally, any revised compensatory mitigation plan or access permit must be supported by a supplemental NEPA analysis made available for public comment.
The undersigned organizations appreciate your consideration of our concerns, comments, and recommendations.
Sincerely,
| National Parks Conservation Association Natural Resources Defense Council Conservancy of Southwest Florida Center for Biological Diversity Coalition to Protect America's National Parks Tropical Audubon Society Bat Conservation International Bear Warriors United Central Florida Jobs with Justice Earth Ethics, Inc. Environmental Confederation of Southwest Florida Florida Bay Forever Florida Sierra Club Florida Trail Association Foundation for Florida Environmental Protection Georgia Interfaith Power and Light Goodwin Company Kissimmee Waterkeeper | League of Women Voters of Collier County League of Women Voters of Florida Miakka Community Club Night Sky Conservancy, Intl. Dark Sky Association Florida Chapter One Protest Peace River Audubon Society Progress Florida Progressive Democrats of Florida Sanibel-Captiva Conservation Foundation Sierra Club Calusa Group South Florida Wildlands Association Stone Crab Alliance Sustainability Leaders Initiative The Amphibian Foundation The Institute for Regional Conservation Turtle Island Restoration Network Waterway Advocates |