Ash Coulee EA -...

Environmental Assessment

Bear Den 4X-30

Oil and Gas Wells, Access Roads, and Utilities McKenzie County, North Dakota

USDA FOREST SERVICE DAKOTA PRAIRIE GRASSLANDS MCKENZIE RANGER DISTRICT

SEPTEMBER 2016

SM Energy Bear Den 4X-30 EA

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Table of Contents

1.0 PURPOSE AND NEED ................................................................................................. 1-1

1.1 Introduction ........................................................................................................ 1-1 1.2 Proposed Action .................................................................................................. 1-1

1.2.1 Hickok Federal 4X-30H and Bridger Federal 4-30H Well Site .............. 1-1 1.2.2 Boone Federal 4X-30H, Bowie Federal 4X-30H, Carson Federal 4-30H,

Clark Federal 4-30H, Crockett Federal 4-30H, and Lewis Federal 4X-30H Well Site ................................................................................................. 1-2

1.2.3 Drilling and Completion of Proposed Wells ........................................ 1-6 1.3 Purpose and Need............................................................................................... 1-6 1.4 Project Development .......................................................................................... 1-7 1.5 Decision Framework ........................................................................................... 1-7 1.6 Grasslands Plan Direction ................................................................................... 1-8 1.7 Tiered and Referenced Documents .................................................................... 1-8

1.7.1 Tiered Documents ............................................................................... 1-8 1.7.2 Documents Incorporated by Reference .............................................. 1-9

1.8 Federal Lease Rights ........................................................................................... 1-9 1.9 Permitting Process .............................................................................................. 1-9 1.10 Permits and Jurisdictions .................................................................................. 1-10

2.0 ISSUES AND ALTERNATIVES ....................................................................................... 2-1

2.1 Issues and Public Involvement ............................................................................ 2-1 2.1.1 Public Involvement .............................................................................. 2-1 2.1.2 Issues ................................................................................................... 2-1

2.2 Description of Alternatives ................................................................................. 2-1 2.2.1 Alternatives Considered But Not Analyzed in Detail ........................... 2-1 2.2.2 Alternative 1 - Proposed Action .......................................................... 2-2 2.2.3 Alternative 2 - No Action ..................................................................... 2-2

2.3 Comparison of Alternatives ................................................................................ 2-2

3.0 ENVIRONMENTAL EFFECTS ........................................................................................ 3-1

Alternative 1 - Proposed Action ....................................................................................... 3-1 3.1 Soil Resources ..................................................................................................... 3-1

3.1.1 Existing Conditions .............................................................................. 3-2 3.1.2 Potential Effects of Proposed Action .................................................. 3-3

3.2 Air Quality ........................................................................................................... 3-5 3.2.1 Existing Conditions .............................................................................. 3-5 3.2.2 Potential Effects of Proposed Action .................................................. 3-5

3.3 Water Resources ................................................................................................. 3-6 3.3.1 Existing Conditions .............................................................................. 3-7


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3.3.2 Potential Effects of Proposed Action ................................................ 3-10 3.4 Vegetation Resources ....................................................................................... 3-11

3.4.1 Existing Conditions ............................................................................ 3-11 3.4.2 Potential Effects of Proposed Action ................................................ 3-13

3.5 Wildlife Resources ............................................................................................ 3-15 3.5.1 Existing Conditions ............................................................................ 3-15 3.5.2 Potential Effects of Proposed Actions ............................................... 3-16

3.6 Cultural and Paleontological Resources ........................................................... 3-19 3.6.1 Existing Sites ...................................................................................... 3-19 3.6.2 Potential Effects of Proposed Action ................................................ 3-19

3.7 Mineral Resources and Development .............................................................. 3-19 3.7.1 Existing Development........................................................................ 3-20 3.7.2 Potential Effects of the Proposed Action .......................................... 3-22

3.8 Recreation and Natural Areas of Interest ......................................................... 3-22 3.8.1 Existing Conditions ............................................................................ 3-22 3.8.2 Potential Effects of Proposed Action ................................................ 3-25

Alternative 2 - No Action ............................................................................................... 3-25 3.9 All Resources ..................................................................................................... 3-25

3.9.1 Direct and Indirect Effects ................................................................. 3-25 3.9.2 Cumulative Effects ............................................................................ 3-26

4.0 CONSULTATION AND PREPARERS .............................................................................. 4-1

5.0 REGULATORY COMPLIANCE ...................................................................................... 5-1

5.1 Bald and Golden Eagle Protection Act ................................................................ 5-1 5.2 Clean Water Act, Executive Order 11990 (Wetlands) and 11988 (Floodplains) . 5-1 5.3 Clean Air Act ........................................................................................................ 5-1 5.4 Dakota Prairie Grasslands Plan ........................................................................... 5-1 5.5 Endangered Species Act ...................................................................................... 5-1 5.6 Environmental Justice ......................................................................................... 5-1 5.7 Historic Preservation Act .................................................................................... 5-2 5.8 Migratory Bird Treaty Act ................................................................................... 5-2 5.9 National Environmental Policy Act ..................................................................... 5-2 5.10 National Forest Management Act ....................................................................... 5-2 5.11 Oil Pollution Act .................................................................................................. 5-2 5.12 Mineral Laws, Regulations, & Orders ................................................................. 5-2

6.0 REFERENCES AND ACRONYMS ................................................................................... 6-1

6.1 References .......................................................................................................... 6-1 6.2 Acronyms ............................................................................................................ 6-3


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TABLES Table 1-1: Proposed Well Surface Locations................................................................................. 1-7 Table 2-1: Comparison of How Alternatives Address Purpose and Need and Impacts ................ 2-2 Table 3-1: Soil Map Units .............................................................................................................. 3-2 Table 3-2: Summary of Air Emission Inventory for LMNG (estimates per well) ........................... 3-5 Table 3-3: Hydrologic Units ........................................................................................................... 3-7 Table 3-4: Habitat Impacts Summary.......................................................................................... 3-14 Table 3-5: Summary of Determinations for Sensitive Plant Species ........................................... 3-14 Table 3-6: Summary of Determinations for Threatened, Endangered, Candidate, and Proposed

Species and Designated Critical Habitat ........................................................................ 3-17 Table 3-7: Summary of Designations and Determinations for USFS Sensitive Wildlife, Raptor

Species of Concern, and Management Indicator Species (MIS) .................................... 3-18 Table 3-8: Summary of Oil and Gas Wells within Local Radius of Proposed Action ................... 3-20 Table 4-1: List of USFS Personnel Involved in EA Development ................................................... 4-1 Table 4-2: List of Preparers ........................................................................................................... 4-1 FIGURES Figure 1: Proposed Action Site Location ....................................................................................... 1-4 Figure 2: Proposed Action Site Overview...................................................................................... 1-5 Figure 3: Soil Map Units ................................................................................................................ 3-4 Figure 4: Hydrology Map of Area .................................................................................................. 3-8 Figure 5: Proposed Action Site Topography ................................................................................. 3-9 Figure 6: Cover Types .................................................................................................................. 3-12 Figure 7: Oil and Gas Development ............................................................................................ 3-21 Figure 8: Recreation Areas .......................................................................................................... 3-24 APPENDICES A Conditions of Approval B Public Comments Received


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1.0 Purpose and Need

1.1 INTRODUCTION

This Environmental Assessment (EA) has been prepared to comply with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.) and other relevant federal and state laws and regulations. This EA discloses the direct, indirect, and cumulative environmental impacts that would result from the proposed development of eight (8) horizontal oil and gas wells on two well pads, with associated facilities, in McKenzie County, North Dakota (ND) by SM Energy (SM). It is prepared according to the format established by the Council of Environmental Quality (CEQ) regulations implementing NEPA (40 Code of Federal Regulations (CFR) 1500-1508). The document describes four main parts:

1. Purpose and need for Proposed Action; 2. Issues related to Proposed Action, alternatives developed, and associated mitigation measures; 3. Environmental effects to existing resources expected from alternatives; and 4. Summary of the consultation and coordination process.

Additional documentation, including more detailed analyses of Project area resources, can be found in the project planning record (Project Record) located at the United States Forest Service (USFS) McKenzie Ranger District Office in Watford City, ND. These records are available for public review. 1.2 PROPOSED ACTION

The McKenzie Ranger District of the Dakota Prairie Grasslands (DPG) has received Surface Use Plan of Operations (SUPOs) in conjunction with the associated Applications for Permit to Drill (APDs) that were submitted to the Bureau of Land Management (BLM) by SM. BLM’s approval of the APDs is contingent upon approval of the SUPOs by the Forest Service. The intent of SM’s proposals is to exercise their leased mineral rights in McKenzie County, ND.. Conditions of Approval (COA) issued for the Proposed Action can be found in Appendix A. 1.2.1 Hickok Federal 4X-30H and Bridger Federal 4-30H Well Site The proposed Hickok Federal 4X-30H and Bridger Federal 4-30H horizontal oil wells would be placed on an existing well pad, the Bear Den 4-30H Well Site, which is located on National Forest System (NFS) lands in the NWNW Section 30, Township (T) 149 North (N), Range (R) 95 West (W), 5th Principal Meridian (PM), McKenzie County, ND. The addition of the Hickok Federal 4X-30H and Bridger Federal 4-30H wells would require the expansion of the pad to the SWSW of Section 19, T149N, R95W, 5th PM. Because the horizontal wells would be developing federal minerals, the federal permitting process is applicable. (Figure 1). The Proposed Action would allow SM to exercise their federal mineral oil and gas rights associated with federal lease NDBLM-023512-A through the development of the proposed wells. Fresh water for drilling and daily operations would be obtained from the Watford City public water system and salt water would be obtained from SM’s Anderson #1SWD, located in the NWSW of Section 32, T153N, R95W. All water would be hauled by Nuverra Environmental Solutions. The pad would be expanded from approximately 200 feet by 350 feet to approximately 280 feet by 480 feet in size.


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For access and development of the proposed wells, existing National Forest System Road (NFSR) #886-1 would be used on NFS lands in the NWNW Section 30 and SWSW Section 19. NFSR #886-1 is currently an existing level 3 road that is open to the public. NFSR #886-1 would be rerouted slightly to accommodate the new well pad. NFSR #886-1 would remain open to the public during the life of oil and gas activities. Upon production ceasing, reclamation/decommissioning of the established road surface and pads would occur. An existing access road approximately 197 feet in length would be used to access the well pad from NFSR #886-1. This access road meets level 3 standards and is restricted to oil and gas and administration use only. Upon reclamation of the well pad, the access road would be reclaimed to original contours. NFSR #886-1 would remain as a level 3 road for public access. Proposed utilities would leave the pad and run north-northeast for approximately 1,100 feet and then turn and run east-southeast for approximately 1,470 feet to connect with the Jorgenson Federal 14-19H and 14X-19H pad. This utility would follow an existing utility corridor. Because the horizontal wells would be developing federal minerals, the federal permitting process is applicable. Total disturbance for the pad expansion and associated utilities would be approximately 1.4 acres. (Figure 2). If the wells are commercially productive, production facilities would be established to support production. These facilities would be constructed, painted, diked, operated, maintained and reclaimed per the USFS COAs. Utilities, which could include but not limited to, an electric line, a fiber optic line, and gas, oil, freshwater, and saltwater pipelines, could be installed underground and parallel to roads and existing utility lines; every effort would be made to stay within existing disturbances, however, pipelines may be installed adjacent to utility corridors in undisturbed ground. Future consolidation of production, with the goal to reduce the overall number of production facilities, may include the construction of additional utility lines either paralleling the access roads or the existing lines. 1.2.2 Boone Federal 4X-30H, Bowie Federal 4X-30H, Carson Federal 4-30H, Clark Federal 4-30H, Crockett Federal 4-30H, and Lewis Federal 4X-30H Well Site The Proposed Action would also allow SM to exercise their federal mineral oil and gas rights associated with federal lease, NDBLM-23570, through the development of the proposed SM Energy Boone Federal 4X-30H, Bowie Federal 4X-30H, Carson Federal 4-30H, Clark Federal 4-30H, Crockett Federal 4-30H, and the Lewis Federal 4X-30H oil and gas wells. A new pad, approximately 350 feet by 600 feet in size, would be constructed to support the six wells and would be located on USFS lands within the NWNW Section 30, T149N, R95W, 5th PM, McKenzie County, ND. The proposal includes an access road, production facilities, and utilities. Utilities, which could include but not limited to, an electric line, a fiber optic line, and gas, oil freshwater, and saltwater pipelines. Fresh water for drilling and daily operations would be obtained from the Watford City public water system and salt water would be obtained from SM’s Anderson #1SWD, located in the NWSW of Section 32, T153N, R95W. All water would be hauled by Nuverra Environmental Solutions. Total disturbance for the pad, access road, and associated utilities would be approximately 6.3 acres. Because the horizontal wells would be developing federal minerals, the federal permitting process is applicable. (Figure 1 and Figure 2). The northern portion of the proposed access road would be new construction and would be approximately 33 feet in length. It would be located in the NWNW of Section 30, T149N, R95W, 5th PM, McKenzie County, ND. Upon reclamation of the well pad, NFSR #886-1 would remain a level 3 road and would remain open to public access.


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If the wells are commercially productive, production facilities would be established and utilities would be installed on the new pad. Production facilities for the wells would be constructed as a centralized tank battery (CTB) on the new pad and would include:

• Six (6) pumping units, anchors, one electric panel and one flare stack. A tank battery and associated facilities would include eighteen (18)-400 barrel (bbl) oil tanks and four (4)-400 bbl saltwater tanks, all 20 feet tall and 12 feet in diameter, eight (8) – 6 foot diameter vertical treaters, three (3) - Lease Automatic Custody Transfer (LACT) pumps, a vapor recovery unit, and a salt water transfer pump. These facilities would be constructed, painted, diked, operated, maintained and reclaimed per the USFS COAs.

NFSR #886-1 would be rerouted slightly to accommodate the new well pad. Maintaining the existing road was considered, however the proposed pad would then be placed in a drainage and woody draw. It was determined that relocating the road would have fewer impacts compared to placing the pad in the drainage and woody draw. Approximately 1,659 feet of NFSR #886-1 would be rerouted to access the sites. Approximately 1,551 feet of the reroute would be located within the W½ of the NW¼, Section 30 and approximately 108 feet of the reroute would be located in the South (S)½ of the SW¼, Section 19 T149N, R95W, 5th PM, McKenzie County, ND. NFSR #886-1 would remain open to the public during the life of oil and gas activities. Upon production ceasing, reclamation/decommissioning of the established road surface and pads would occur.


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Figure 1: Proposed Action Site Location


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Figure 2: Proposed Action Site Overview


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1.2.3 Drilling and Completion of Proposed Wells Drilling operations would start upon receipt of the approved APD(s), and would take approximately 20-30 days per well after spudding, followed by additional time for well completion and installation of production facilities for each well. The proposed wells would be horizontally drilled. The surface casing shall be set and cemented back to the surface for each well. The wells would then be drilled below the casing. The operators have submitted a Hydrogen Sulfide (H2S) Contingency Plan for the wells. An appropriately sized Blowout Preventer (BOP) would be used to control each well and prevent an accidental release of hydrocarbons or salt water into the environment. SM would utilize a closed loop “pit-less” drilling system, in which all drilling fluids and cuttings would be contained in tanks and trucked off-site to an approved disposal location. Horizontal wells typically undergo fracture stimulation as part of the well completion process. Fracture stimulation (i.e., hydraulic fracturing or “fracing”) is a process used to maximize the extraction of underground resources. The hydraulically created fracture acts as a conduit in the rock formation, allowing oil or gas to flow more freely through the fracture system and to the wellbore, where the produced oil or gas is brought to the surface. To create or enlarge fractures, fluid comprised typically of water and additives is pumped into the productive formation at a gradually increasing rate and pressure. Hydraulic fracturing fluid is approximately 98 percent water and propping agents (proppant), such as sands, with the remainder being chemical additives. Chemicals used in stimulation fluids include acids, friction reducers, surfactants, potassium chloride (KCl), gelling agents, scale inhibitors, corrosion inhibitors, antibacterial agents, and pH adjusting agents and typically comprise less than two percent (2%) of the total fluid. When the pressure exceeds the rock strength, the fluids create or enlarge fractures that can extend several hundred feet away from the well. As the fractures are created, a propping agent (usually sand) is pumped into the fractures to keep them from closing when the pressure is released. After fracturing is completed, the majority of the injected fracturing fluids returns to the wellbore and is reused or disposed of at an approved disposal facility. The wells would be drilled and completed in full compliance with all applicable laws, regulation (43 CFR 3100), Onshore Oil and Gas Orders, the APD, and COAs. 1.3 PURPOSE AND NEED

The DPG Land and Resource Management Plan (Grasslands Plan) has identified oil and gas development as a valid use. The purpose of this action is to honor those valid existing rights while minimizing impacts to the federal surface resources. The need for the proposal is that the USFS is required to respond to a SUPO that is submitted in conjunction with a valid mineral right. The response must take the form of a determination as to whether the submitted SUPO is consistent with federal mineral lease stipulations and laws; is consistent with the Grasslands Plan; meets or exceeds the surface use requirements of 36 CFR 228.108(a) through (j); and applies necessary COAs to ensure protection of the federal surface resources. BLM Field Office Manager is the Responsible Official for deciding whether or not to approve the APD, following USFS approval of the SUPO.


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1.4 PROJECT DEVELOPMENT

An Initial Planning Conference (IPC) was conducted at the proposed site on April 1, 2015, with USFS personnel, SM’s company representatives, ONEOK, and Wenck Associates, Inc. in attendance. The proposed location of the well pad and access road, road alignments, alternate locations and routes, required road designs, pit locations, resource protection measures, mineral rights, and permitting processes were reviewed. The APDs, including SUPOs, were received from SM for the Hickok Federal 4X-30 and Bridger Federal 4-30H wells and the Boone Federal 4X-30H, Bowie Federal 4X039H, Carson Federal 4-30H, Clark Federal 4-30H, Crockett Federal 4-30H, and Lewis Federal 4X-30H wells, including proposed production facilities and access road. The surface locations are shown in Table 1-1 with a summary of surface disturbance acreage in Table 1-2. Table 1-1: Proposed Well Surface Locations

Well Name APD Date

Distance from North Line

(feet)

Distance From

West Line (feet)

Township (N)

Range (W) Section

Quarter-Quarter Section

Hickok Federal 4X-30 7-15-2016 153 788 149 95 30 NWNW Bridger Federal 4-30H 7-15-2016 233 788 149 95 30 NWNW Boone Federal 4X-30H 10-26-2015 560 560 149 95 30 NWNW Bowie Federal 4-30H 10-26-2015 640 560 149 95 30 NWNW Carson Federal 4-30H 10-26-2015 680 560 149 95 30 NWNW Clark Federal 4-30H 10-26-2015 760 560 149 95 30 NWNW

Crockett Federal 4-30H 10-26-2015 600 560 149 95 30 NWNW Lewis Federal 4X-30H 10-26-2015 720 560 149 95 30 NWNW

Table 1-2: Summary of Surface Disturbance

Area Proposed Disturbance (ac)

Well Pads 9.39 Access Road 2.80

Utility Corridor 5.90 Total 18.10

1.5 DECISION FRAMEWORK

Based on the information in this analysis and a consideration of public comments on the Proposed Action, the Responsible Official will document his decision. If the analysis finds no significant impacts to the human environment, the decision will be documented in a Decision Notice and Finding of No Significant Impact (FONSI). If the analysis determines significant impacts may occur, an Environmental Impact Statement (EIS) will be prepared to further analyze the significant issues. The District Ranger is the Responsible Official for the SUPO-related portions of these proposals and would decide whether to approve, deny or modify the SUPOs as submitted and revised.


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BLM Field Office Manager is the Responsible Official for deciding whether or not to approve the APD, following USFS approval of the SUPO. 1.6 GRASSLANDS PLAN DIRECTION

The Dakota Prairie Grasslands-wide goal for minerals and energy is to improve the capability of the Nation’s forests and grasslands to provide a desired level of uses, values, products, and services (Grasslands Plan, p.1-5, USFS 2001). Grasslands Plan objectives for minerals and energy are to: 1) Provide opportunities for oil and gas exploration and development with Plan direction; 2) Ensure reclamation provisions of operating plans are completed to standard; 3) Honor all valid existing mineral rights; and 4) Respond in a timely manner to applications for special use permits, mineral leasing exploration and development (Grasslands Plan, pp.1-6 and 1-8, USFS 2001). The proposal lies within Management Area (MA) 3.51, Bighorn Sheep Habitat, with the following direction: This MA is primarily managed to provide quality forage, cover, escape terrain, and solitude for bighorn sheep. Bighorn sheep habitat is robust and provides an abundant supply of food and cover. Other resource management activities are modified as needed to maintain high habitat suitability levels and desired levels of solitude. To achieve population objectives, the integrity of lambing, breeding and other important habitat features (e.g. escape cover) in occupied and unoccupied habitat would be protected. Standards & Guidelines for Minerals and Energy Resources within MA 3.51 include: honoring all valid existing oil and gas leases; allowing oil and gas leasing and development; and as funding allows, identify and implement surface and minerals estate land exchanges that contribute to bighorn sheep management objectives. (Grasslands Plan, pp. 1-12 and 3-23; USFS 2001). DPG-wide Standards and Guidelines for infrastructure are also referenced in Section Q, Chapter 1 (pp. 1-26 and 1-27), and the Geographic Area Direction in Chapter 2 (pp. 2-9 through 2-23) of the Grasslands Plan (USFS 2001). 1.7 TIERED AND REFERENCED DOCUMENTS

Agencies are encouraged to tier their analysis documents to other analyses as a means to eliminate repetitive discussions of the same issues. Agencies are also directed to incorporate by reference material that will help cut down on the bulk of a document. Several documents support this analysis. 1.7.1 Tiered Documents 1.7.1.1 Grasslands Plan & Leasing Environmental Impact Statements

The 2001 Northern Great Plains Final Environmental Impact Statement for the Grasslands Plan and the DPG Records of Decision (RODs) signed July 31, 2002 (Land Resource Management Plan (LRMP)), June 12, 2003 (Oil and Gas), and September 20, 2006 (Livestock Grazing). The 2002 DPG LRMP, as amended. The Final EIS for Oil and Gas Leasing on the Northern Little Missouri National Grassland and its accompanying ROD dated October 24, 1991. This document provides additional information and effects analysis for a variety of surface resources.


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1.7.2 Documents Incorporated by Reference 1.7.2.1 12 Point Requirements (Referred to as the 12 Point SUPO)

36 CFR 228, Subpart E, and Onshore Order Number One (Revised 2007 43 CFR 3160). The 12 Point Surface Use Plan of Operations is required by both the USFS and BLM CFRs. It provides additional information to the SUPO concerning use of existing roads, construction or reconstruction of the access road, proximity to existing facilities, source and use of materials, handling wastes, well layouts, and plans for reclamation. 1.7.2.2 Conditions of Approval

Approval of the SUPO is contingent upon acceptance of the USFS COAs. The COAs are compatible with the Grasslands Plan, and consistent with the terms of the lease, state laws, and other federal regulations. They specify acceptable mitigation measures and Best Management Practices (BMPs) regarding safety, soil erosion control, water protection, reclamation standards, native seed mixtures, noxious weed control, waste control, spill policy, road construction and maintenance specifications, road management, buried lines, plats, fire, etc. The COAs for the Proposed Action can be found in Appendix A. 1.8 FEDERAL LEASE RIGHTS

The proposed Hickok Federal 4X-30H, Bridger Federal 4-30H, Boone Federal 4X-30H, Bowie Federal 4X-30H, Carson Federal 4-30H, Clark Federal 4-30H, Crockett Federal 4-30H, and Lewis Federal 4X-30H wells are located on USFS lands overlying federal minerals located in the NWNW Section 30, T.149N., R.95W., 5th PM. The federal minerals in Section 30 were leased under federal mineral lease NDBLM-023512-A and NDM-23570 for Hickok Federal 4X-30H, Bridger Federal 4-30H, Boone Federal 4X-30H, Bowie Federal 4X-30H, Carson Federal 4-30H, Clark Federal 4-30H, Crockett Federal 4-30H, and Lewis Federal 4X-30H. The federal lease grants the exclusive right to drill for, mine, extract, remove and dispose of all oil and gas (except helium) in the lands described within the leases, together with the right to build and maintain necessary improvements thereupon. Rights granted are subject to applicable laws, terms, conditions, and attached stipulations of each lease, the Secretary of Interior’s regulations and formal orders in effect as of lease issuance, and to the regulations and formal orders hereafter promulgated when not inconsistent with the lease rights granted or specific provisions of the leases. The lease contains Standard Lease Terms, notices for protection of cultural and paleontological resources, and protection of floodplains and wetlands. The lease contains specific legal descriptions for No Surface Occupancy (NSO), Controlled Surface Use (CSU), and Timing Limitations (TL) stipulations. These proposed developments are not located on any NSO areas. This lease is under a nationwide federal bond held by the BLM. The bond covers well plugging and reclamation costs for all of SM’s federal leases. 1.9 PERMITTING PROCESS

Since the Proposed Action includes development of federal minerals, the proposal constitutes a federal action, which requires approval under a federal APD. The APD consists of two main parts: 1) an eight point Drilling Plan and 2) the SUPO, which consists of a 12 point Surface Use Plan, the COAs, and a road package.


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A complete APD for federal leases requires final approval by the BLM. However, the agency managing the surface approves the SUPO portion before the BLM may approve the APD. Because the proposals lie on USFS lands, it is the USFS’s responsibility to review the SUPO and determine whether to approve, deny, or modify them with certain terms and conditions. The USFS will notify the BLM in writing whether the plans are approved or denied, and if approval is subject to specific terms and conditions. Drilling Plans for operations on federal leases are approved by the BLM, and the USFS has no authority over these plans. The operator has up to two years to drill a well after the BLM has approved the APD. However, a two-year extension may be granted, if the operator files a timely request. 1.10 PERMITS AND JURISDICTIONS

The operator is responsible for obtaining the necessary permits from other regulating agencies, such as 404 permits from the U.S. Army Corps of Engineers (USACE), drilling permits from the State of North Dakota, transportation permits, etc.


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2.0 Issues and Alternatives

2.1 ISSUES AND PUBLIC INVOLVEMENT

USFS directives provide for the identification of issues to be analyzed in depth (Forest Service Handbook (FSH) 1909.15, 12.4). Issues serve to highlight effects or unintended consequences that may occur from the Proposed Action and alternatives, giving opportunities during the analysis to reduce adverse effects and compare trade-offs for the decision maker and public to understand. Issues are best identified during public involvement early in the process to help set the scope of the actions, alternatives, and effects to consider; but, due to the iterative nature of the NEPA process, additional issues may come to light at any time. 2.1.1 Public Involvement To inform the public about the proposals, a Notice of Proposed Action, dated July 8, 2015, was sent to a total of forty-six (46) organizations, individuals, and federal, state, and local government agencies, as well as nine (9) individuals within five (5) tribal governments, known to have an interest in the Proposed Action. The notice provided information about the proposals and a 30-day comment period. In addition, pursuant to 36 CFR 218, a Legal Notice was published in the Bismarck Tribune on July 10, 2015 informing the public of the 30-day public comment period. One response was received from the Badlands Conservation Alliance. 2.1.2 Issues Upon technical analysis of this EA, no issues were identified relative to the Proposed Action. Some comments relating to this Proposed Action do not necessarily constitute issues for a variety of reasons, including: 1) the issue is outside the scope of the Proposed Action; 2) the issue is already decided by law, regulation, Forest Plan, or other higher level decision; 3) the issue is irrelevant to the decision to be made; or 4) the issue is conjectural and not supported by scientific or factual evidence. A summary of comments received, and how they have been dealt with, , can be found in Appendix B. 2.2 DESCRIPTION OF ALTERNATIVES

2.2.1 Alternatives Considered But Not Analyzed in Detail The following alternative was considered but eliminated from detailed analysis for reasons explained below. Bear Den 16x-25 SM’s plat for this proposed well pad layout located the center hole at 312 feet from the south line and 836 feet from the east line in SESE Section 25, T.149N., R.95W., 5th PM. The topography at this site is much steeper than that of the Proposed Action and would result in greater habitat fragmentation compared to the Proposed Action. This site would also require longer flow lines than the Proposed Action. After considering these impacts and discussions with SM and the USFS, the Bear Den 16x-25 was not carried into further analysis.


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2.2.2 Alternative 1 - Proposed Action Alternative 1 was developed to address the purpose and need described in the first section of this document. Under this alternative, SM would exercise their valid existing rights through the development of the proposed wells. The Proposed Action is fully described in Section 1.2. 2.2.2.1 Mitigation Measures

No mitigation measures beyond standard design criteria (stipulations, COAs, etc.) were identified as necessary. The COAs for the Proposed Action can be found in Appendix A. 2.2.3 Alternative 2 - No Action The No Action Alternative is required. It serves as a baseline against which the Proposed Action can be compared. Under this alternative the SUPOs would not be approved. SM would not be allowed to exercise their rights to access and develop the mineral rights covered under their federal mineral lease. The well pads, access roads, production facilities, and utility lines would not be constructed or installed. 2.3 COMPARISON OF ALTERNATIVES

The following table compares relevant resource indicators and environmental consequences associated with implementation of the alternatives (Table 2-1). A more detailed description of environmental effects can be found in this EA in Section 3, Environmental Effects. Table 2-1: Comparison of How Alternatives Address Purpose and Need and Impacts

Comparison Alternative 1-Proposed Action Alternative 2-No Action

Implementation of Grasslands Plan

Fulfills the goals, objectives, standards, and guidelines of the Grasslands Plan for minerals,

including reclamation.

Does not meet the Grasslands Plan direction for minerals

development.

Honors valid existing mineral rights

Allows SM to exercise their valid existing mineral rights to explore and extract oil and

gas resources.

Does not allow SM to exercise their valid existing mineral rights to

explore and develop oil and gas. Minimizes impacts to

USFS lands and resources Minimizes impacts to USFS lands and resources from the Proposed Action. No impact to USFS lands.


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3.0 Environmental Effects

This section summarizes the existing resource conditions of the Project area and the potential environmental effects to those resources resulting from the Proposed Alternatives. The analysis includes consideration of three types of effects, direct, indirect and cumulative, as defined below (40 CFR 1508.7 and 40 CFR 1508.8):

• Direct Effects are caused by the action and occur at the same time and place as the triggering action.

• Indirect Effects are caused by the action and are later in time or farther removed in distance, but are still reasonably foreseeable.

• Cumulative Effects are the impacts on the environment that result from the incremental impacts (direct and indirect effects) of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or non-federal) or person undertakes such other actions (40 CFR 1508.7). If the alternative does not have any direct or indirect effects on a given resource, then it does not contribute to cumulative effects and an analysis of cumulative effects is not required.

Resources with reasonably foreseeable effects from the Proposed Alternatives include:

• Soil Resources • Air Quality • Water Resources and Hydrology • Vegetation Resources • Wildlife Resources • Cultural Resources, including Archeological/Paleontological Sites • Mineral Resources and Development • Recreation and Scenic Resources

The analysis area for each resource was delineated based on a reasonable area within which to determine the extent of anticipated effects to the analyzed resource from the proposed activities and is defined in each resource section. Measures that would be implemented to reduce, minimize, or eliminate effects (mitigation measures) are discussed under each resource. The potential effects of the No Action Alternative are described at the end of this section. ALTERNATIVE 1 - PROPOSED ACTION

3.1 SOIL RESOURCES

Soil types across the landscape are mapped into units based on similar characteristics and profiles (NRCS 2016). Typical characteristics are steepness, length, and shape of the slopes, the general drainage patterns, the type of vegetation these soils support, and the kinds of bedrock. The objective of soil maps is to separate the landscape into landforms or landform segments that have similar use and management requirements (NRCS 2016).


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Some soil types are protected by federal legislation. Prime farmland soils, as defined by the U.S. Department of Agriculture (USDA) (NRCS 1996), are protected because of their ideal characteristics for cultivation. Hydric soils (NRCS 1996) are typically present in wetland areas, which are protected by Section 404 of the Clean Water Act (33 U.S.C. 1344). The Little Missouri National Grasslands (LMNG) Land and Resource Management Plan has several stipulations that relate to soil resources (Standards and Guidelines, Physical Resources, C. Soils, pp. 1-11, USFS 2001). Management focus is on limiting soil disturbance from construction activities, minimizing and maintaining roads and other facilities during and after construction, and limiting disturbance on slopes greater than 40% and on soils susceptible to mass failure. The Plan also expedites reclamation of soils after completion of activities. 3.1.1 Existing Conditions The Proposed Action is in the Missouri Plateau Section of the Great Plains, within the Little Missouri Badlands (Bluemle and Biek 2016). The Project area has six (6) soil map units (NRCS 2016) as shown in Table 3-1 and Figure 3. These soils are well drained loams most commonly derived from sedimentary parent material and mudstone (NRCS 2016). None of the soils in the Project area are classified as farmland of statewide importance or prime farmland and the soils do not meet hydric soil parameters (NRCS 2016). Table 3-1: Soil Map Units

Map Unit Name Map Unit Symbol

Hydrologic Group

Wind Erodibility Rating

Acres in Project Area

Percent of Project Area

Badland-Arikara-Cabbart complex, 15-70% slopes L3191F B 4L 7.7 42.4

Arikara-Shambo-Cabba loams, 9-70% slopes E2725F B 6 3.4 18.9

Badland-Cabbart complex, 6-70% slopes L3101F - 4L 3.2 17.6

Airkara-Cabbart loams, 15-70% slopes L3199F B 6 1.9 10.7

Scairt-Maltese-Boxwell complex, 2-25% slopes L2311E D 6 1.2 6.9

Badland-Cabba complex, 9-70% slopes E3101F - 4L 0.6 3.4

TOTAL 18.1 100.0 Source: NRCS 2016 These soils have moderate to very slow infiltration rates when wet and moderate to very slow rates of water transmission. Hydrologic Group B soils consist of moderately fine texture to moderately coarse texture that is moderately deep or deep (Table 3-1). Hydrologic Group D soils are mostly clays with a high water table and tend to be shallow over nearly impervious materials. Wind erodibility is rated on a scale of 1 to 8 with 1 being the most susceptible and 8 being the least; the soils of the Project area are moderately susceptible to erosion (Table 3-1).


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3.1.2 Potential Effects of Proposed Action 3.1.2.1 Direct and Indirect Effects

The analysis area for direct and indirect effects to soil resources included the immediate Project area footprint of disturbance. Cumulative direct effects to soils were assessed within an approximate one-half mile radius of the Proposed Action. The Proposed Action involves soil-disturbing cut and fill activities equaling approximately 18.1 acres, associated with the construction of the new well pad, the well pad expansion, and the realignment of a segment of an access road. The remainder of the access road is a portion of the existing NFSR #886-1. The area of new construction would result in physical impacts to soil including compaction, mixing of soil horizons, and increased susceptibility to erosion. However, standard BMPs and construction practices would be used to counteract and minimize these impacts, per the approved COAs, including the use of appropriately-sized equipment, segregation of soil horizons, and implementation of erosion and sediment control structures. Interim reclamation of the disturbed area would stabilize soils with vegetation during operation of the well. Final reclamation would return the site to near-natural conditions by recontouring, decompaction, reestablishing natural drainage, and revegetation. Potential chemical contamination of soils could occur on site if a spill or release of chemicals, fuels, produced oil, or saltwater occurred during Project activities. The risk of contamination would be minimized through the implementation of standard and site specific BMPs per the approved COAs.


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Figure 3: Soil Map Units

Source: NRCS 2016


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Because of the use of COAs and standard soil protection practices, impacts to soils in the Project area would be minor and limited to short-term periods during soil-moving activities. Sediment would be prevented from reaching drainages and surface water by implementation of COAs. Therefore, no impacts to other resources from displaced soil would occur. No prime farmland soils or hydric soils are present within or adjacent to the Project area so they would not be impacted by the Proposed Action. Therefore, the Proposed Action would have no significant impacts to soils or other related resources. 3.1.2.2 Cumulative Effects

The Proposed Action would disturb and change natural soil conditions within the localized Project area of approximately 6.34 acres, equivalent to 0.02% of the Upper Bear Den Creek subwatershed area. The Proposed Action would add incrementally to past and current land uses and activities that have impacted natural soils, including road construction and maintenance, other oil development projects, and livestock grazing. The total disturbed area from these activities would increase from about 9.4% to 10.0% within a half-mile radius. The area of soil disturbance from active oil and gas well sites within the Upper Bear Den Creek subwatershed (assuming five acres disturbance per site) would increase from 2.45% to a total 2.47% due to the Proposed Action. It is not anticipated that this increase would result in significant cumulative effects to soil resources. 3.2 AIR QUALITY

3.2.1 Existing Conditions

The Proposed Action would be regulated by federal and state air quality standards, as found in the Clean Air Act, and is in an area designated as a Class II attainment area. The North Dakota Department of Health (NDDH) operates a network of monitoring stations around the state that continuously measure pollutions levels. Industry also operates monitoring stations as required by the state. The nearest air quality monitoring station is in the North Unit of Theodore Roosevelt National Park. Data from all these stations are subject to quality assurance, and when approved, it is published on the internet and available from the United States Environmental Protection Agency (EPA) and NDDH (NDDH 2015). Generally, criteria pollutant concentrations near the Project area are far below the federal and state standards. 3.2.2 Potential Effects of Proposed Action 3.2.2.1 Direct and Indirect Effects Air quality impacts have been assessed at the programmatic scale, during the Northern Great Plains Plan Revision Final Environmental Impact Statement (NGP FEIS). An emissions inventory was included in the 1995 EIS for the Southern Little Missouri and Cedar River National Grasslands. That inventory was incorporated by reference into the 2001 NGP FEIS which covered the LMNG. A new emissions inventory has been completed in 2013. Table 3-2 summarizes the comparison (in tons per year (tpy)) between the two inventories: Table 3-2: Summary of Air Emission Inventory for LMNG (estimates per well)

Pollutant 1995 Emissions (tpy) 2013 Emissions (tpy) NOx 12.5 1.21 PM 1.4 0.14 (PM10 + PM2.5) SOx 0.84 0.0127 CO 2.75 6.6


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Pollutant 1995 Emissions (tpy) 2013 Emissions (tpy) VOC - 0.347 CO2 - 1320 CH4 - 0.0136 N2O - 0.0150

Hydrocarbons 0.004 - This summary is for wells on single well pads. However, for multi-well pads, emissions on a per well basis are less, given that the infrastructure needed for the well pad itself will be in place for all wells. Based on existing air quality in the region, typical air emissions of similar oil field projects, the implementation of mitigation measures per the approved COAs, in concert with federal and state emissions controls, the Proposed Action would not lead to measureable increases in criteria pollutants and no violations of air quality standards are expected. 3.2.2.2 Cumulative Effects

Since no measurable direct or indirect effects are anticipated there will be no cumulative effects to air quality resources. The existing OneOK gas line is being upgraded to collect all current and future production which would greater reduce existing impacts. 3.3 WATER RESOURCES

The USACE regulates “waters of the United States”, which are primarily navigable or intrastate water systems, or those with direct hydrological connections to these waters (as defined in 33 CFR Part 328). The Clean Water Act (CWA) prohibits degradation of any such waters, unless authorized by permit, and makes it unlawful to discharge any pollutant from a point source into any navigable water of the United States (U.S.) without a permit obtained from the National Pollutant Discharge Elimination System (NPDES) program. The CWA protects water quality by regulation of discharges of pollutants and regulation of water quality standards for surface water (Section 401) and requires the implementation of the NPDES permit program and the basic structure for regulating the discharge of pollutants from point sources to waters of the U.S (Section 402) (USEPA 2012). The EPA has delegated this authority to most states, including North Dakota. Oil and gas construction projects over five acres are required to obtain the Stormwater Discharges from Construction Activities North Dakota Pollutant Discharge Elimination System (NDPDES) General Permit NDR10-000 for individual sites or for an area of operations such as a well field area (NDDH 2009). The CWA also regulates the discharge of dredged or fill materials into wetlands (as defined in 33 CFR 328.3(b); 1984) (Section 404). Federal agencies are also required to avoid impacts or modification to wetlands (Executive Order (EO) 11990) and flood plains (EO 11988) through their federal actions or approvals. The Oil Pollution Prevention Act (OPPA) requires any non-transportation-related facility engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, or consuming oil and oil products, and stores over 1,320 gallons of oil-related product on-site to have on record a Spill Prevention, Control, and Countermeasure (SPCC) Plan (40 CFR 112). The LMNG Management Plan includes an overall goal to improve and protect watersheds and water quality (Goal 1a, Grasslands Plan pp. 1-2, USFS 2001). Several standards and guidelines apply specifically to water resources and describe how surface water, groundwater, wetlands, and hydrology should be protected (Standards and Guidelines, Physical Resources, B. Water, pp. 1-9 to 1-11, USFS 2001).


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3.3.1 Existing Conditions The Proposed Action is within the Upper Bear Den Creek subwatershed within the Bear Den Creek watershed (Table 3-3 and Figure 4). The proposed well pad is on a hill that appears to be on a drainage divide between two basins, Lake Sakakawea and the Little Missouri. On the east side of the hill, water drains northeast into a forested area that is part of the Upper Bear Den Creek watershed (Figure 5). On the west side, the topography drops off steeply into the intermittent tributaries of Burnt Creek. Both of these drainage basins are part of the Missouri-Little Missouri Subregion, which is part of the Missouri Region. Table 3-3: Hydrologic Units

Hydrologic Unit Code (HUC) Category Hydrological Unit Name 10 Region Missouri Region

1011 Subregion Missouri-Little Missouri 101101 Basin Lake Sakakawea 101102 Basin Little Missouri

10110101 Subbasin Lake Sakakawea 10110205 Subbasin Lower Little Missouri

1011010120 Watershed Bear Den Creek 1011020505 Watershed Burnt Creek

101101012001 Subwatershed Upper Bear Den Creek 101102050503 Subwatershed Burnt Creek

Source: USGS 2016.


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Figure 4: Hydrology Map of Area


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Figure 5: Proposed Action Site Topography


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No depressional wetlands are present along or adjacent to the proposed access road and well pad that could potentially be impacted by the project. No aquifers surface within or adjacent to the Project area. The Project area is an upland plateau and is not within an active floodplain (FEMA 2015). No water wells are within one mile of the project area. The nearest domestic well is four miles northwest (NDSWC 2016). 3.3.2 Potential Effects of Proposed Action 3.3.2.1 Direct and Indirect Effects

If no mitigation were in place, potential impacts to surface water quality and hydrology due to the Proposed Action include increased runoff and erosion of soils to downstream drainages, altered hydrology, and surface water contamination. Soil-disturbing activities during construction of a scoria/gravel-surfaced well pad, well pad expansion and access road re-alignment would reduce infiltration capacity, which would increase surface runoff. Increased runoff has the potential to carry additional sediment from erodible soils or exposed/disturbed soils in the Project area, particularly during construction. Additional surface runoff could also create or enlarge channels or rills in erodible soils or existing drainages, and therefore alter existing hydrology. However, the maximum estimated volume of additional runoff to surface waters in the drainage basin would be relatively minor during both the construction and operation phase of the Proposed Action. Erosion and sediment control structures (waterbars, geotextiles, revegetation, etc.) would be in place during any soil disturbing activities to increase infiltration, stabilize soils, minimize runoff, and dissipate runoff energy. Under SM Energy Storm Water Permit NDR 106403, and in compliance with the North Dakota Authorization To Discharge under the NDPDES (Permit No. NDR10-0000 effective October 12, 2009) SM Energy intends to follow Storm Water BMP’s during construction activities. In addition to SM Storm Water permit, in the event the well(s) are productive a full Site-specific SPCC plan will be developed in accordance to state and federal guidelines. Fuels, chemicals, and hydraulic fracturing fluids would be used during Proposed Action activities. Produced oil and gas and produced saltwater would be stored on the well pad during production and operation of the wells, or until utility corridors are installed. If these fluids were accidentally spilled or released on the surface in amounts that exceeded the capacity of on-site containment structures, they would flow into existing drainageways and the contaminants could eventually reach surface waters where they would impair water quality and violate Section 402 of the CWA. However, to prevent chemical discharges from impacting water quality to surface waters, Storm Water Pollution Prevention Plan (SWPPP) and SPCC plans would be followed during all phases of the Proposed Action. No measurable changes to water quality of downstream waters or hydrology are anticipated since runoff is expected to increase marginally compared to existing conditions, and since applicable BMPs would be used to mitigate these potential impacts. The drainage basin of the Project area has the capacity to receive the relatively minor amount of additional runoff with no anticipated increase in on-site or off-site flooding risk. COAs and any regulatory permit requirements would be implemented as part of the Proposed Action to minimize the risk of sediment or contaminant releases to downstream waters. Therefore, the Proposed Action would have no significant impact to surface water resources. No wetlands or floodplains occur within or adjacent to the Project area. Groundwater sources are also not present within the Project area. Therefore, impacts to these water resources are not anticipated and therefore no significant impacts would occur to these resources as a result of the Proposed Action.


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3.3.2.2 Cumulative Effects

Past and current land uses and activities that have potentially contributed to water quality impacts within the sub-watershed include road construction and maintenance, other oil and surface development projects, cultivation, and livestock grazing. During precipitation events, the Proposed Action would add less than 0.05% of additional runoff to the sub-watershed during precipitation events and would disturb soils within 0.02% of the sub-watershed area. BMPs per the approved COAs would be used to limit runoff, sediment discharge, and contamination to a negligible amount, such that no measurable changes to water quality of downstream waters would occur and the Proposed Action would not contribute to cumulative water quality impacts. No impacts to wetlands, groundwater sources, or floodplains would occur due to the Proposed Action and therefore no cumulative impacts would occur to those resources. 3.4 VEGETATION RESOURCES

3.4.1 Existing Conditions 3.4.1.1 Vegetation Communities

Plant communities of the Project area and surroundings included mixed grass prairie, bur oak woodlands, and small outcrops of sparsely vegetated badlands bluffs (Figure 2 and Figure 6). To the west, topography steeply dropped off into intermittent tributaries of Burnt Creek. To the north and east, topography was relatively gentle and dominated by grassland and woodland habitats. Refer to the Biological Assessment/Evaluation for the Proposed Action for a detailed description of plant communities (Wenck 2015). The ridgeline that ran along the area of the proposed new well pad was dominated by little bluestem (Schizachyrium scoparium) and green needlegrass (Nassella viridula) (Figure 6, little bluestem ridge); these two species contributed the majority of plant cover in this community. A diverse mixture of forbs was present throughout this community. The most abundant forbs included plains milkvetch (Astragalus gilviflorus), purple prairie clover (Dalea purpurea), purple coneflower (Echinacea angustifolia), silverleaf Indian breadroot (Pediomelum argophyllum), stiff goldenrod (Oligoneuron rigidum var. humile), and heath aster (Symphyotrichum ericoides). Western wheatgrass (Pascopyrum smithii) prairie was present on low lying topography (Figure 6, Western wheatgrass prairie). This community was present within the majority of the proposed utility corridor, on lower slopes of the little bluestem hillside, and in general on level to gently sloping topography. A variant of the western wheatgrass prairie was present within the southwestern portion of the Project area (Figure 6, Western wheatgrass/needlegrass prairie). In this area, green needlegrass was equally abundant as western wheatgrass. Common forbs noted in areas dominated by western wheatgrass or green needlegrass included purple coneflower, blue flax (Linum perenne), prairie coneflower, sweet clover (Melilotus officinalis), purple prairie clover, and prairie sunflower (Helianthus pauciflorus).


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Figure 6: Cover Types


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Western wheatgrass prairie transitioned to wooded areas on low-lying topography (Figure 6, Bur oak woodland). Woodlands were present surrounding the Project area to the east, south, and west. Mature trees dominated, with some shrubby cover in the understory. Mature bur oak (Quercus macrocarpa) was the most abundant overstory species. Green ash (Fraxinus pennsylvanica) was also present, but less abundant than bur oak. Chokecherry (Prunus virginiana) was present throughout the understory, but was most common on the edges of this community. Rocky Mountain Juniper (Juniperus scopulorum), western snowberry (Symphoricarpos occidentalis), prairie rose (Rosa arkansana), and golden currant (Ribes aureum) were present mostly around the edges of this community and were less abundant in the understory of the bur oak. Badland outcrops were present along the western portion of the survey area (Figure 6, Badland outcrop). These areas were sparsely vegetated due to steep slopes and erodible soils. Common plants in this area included fewflower buckwheat (Eriogonum pauciflorum), greasewood (Sarcobatus vermiculatus), rubber rabbit brush (Ericameria nauseosa), curlycup gumweed (Grindelia squarrosa) and saltgrass (Distichlis spicata). 3.4.1.2 Rare Plant Populations

The only plant listed under the Endangered Species Act (ESA) in North Dakota is the threatened western prairie fringed orchid (Platanthera praeclara) (USFWS 2015). This species does not occur in the Project area (USFWS 2015). Of the 14 sensitive plant species currently listed for the Project area (USFS 2011), none were observed during botanical surveys of the site (Wenck 2015). Within the area surveyed, potentially suitable habitat was present for three (3) of the species: Blue lips (Collinsia parviflora Dougl. Ex Lindl.), the Missouri pincushion cactus (Escobaria missouriensis (Sweet) D.R. Hunt) and the Easter Daisy (Townsendia exscapa (Richards.) Porter). Construction of the new well pad would impact potential habitat for these species (Wenck 2015). 3.4.1.3 Noxious and Invasive Plants

Noxious weeds were not present in the Project area as defined by the current state-listed (NDDA 2016) and county-listed (NDDA 2015) noxious weed lists (Wenck 2015). However, several non-native plants of concern on the LMNG, meeting the definition of invasive species under EO 13112 and Forest Service Manual (FSM) 2900, are present within the Project area. Crested wheatgrass (Agropyron cristatum), which tends to spread with soil disturbance or heavy livestock grazing, was present along the road ditches of NFSR #886-1; presumably, this species was planted after road construction. Smooth brome (Bromus inermis) and yellow sweetclover, an invasive forb, was also present along the road ditches. Kentucky bluegrass (Poa pratensis) was common in the understory of mixed grass prairie throughout the site (Wenck 2015). 3.4.2 Potential Effects of Proposed Action 3.4.2.1 Direct and Indirect Effects

The proposed Project area is defined as the construction surface disturbance area for the proposed well pad, well pad expansion, access road realignment, and utility corridors; generally this is defined as the grading limits. The grading limits for the Proposed Action would be approximately 18.1 acres; of this amount, the direct loss and fragmentation of native plant communities would be approximately 8.44 acres as presented in Table 3-4 (Wenck 2015).


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Table 3-4: Habitat Impacts Summary

Habitat Type Survey Area (ac)

Proposed Disturbance Area (ac) Well Pad Access Road Utility Corridor Total

Badlands Outcrop 2.32 0.00 0.42 0.00 0.42 Bur Oak Woodland 19.63 1.38 0.24 0.19 1.81

Little Bluestem Ridge 1.14 0.88 0.11 0.00 0.99 Previously Disturbed 14.84 4.44 1.78 3.43 9.65

Western Wheatgrass Prairie 25.95 2.69 0.17 2.28 5.14 Western Wheatgrass /

Needlegrass Prairie 0.78 0.00 0.09 0.00 0.09

Wetland 0.72 0.00 0.00 0.00 0.00 Total 65.37 9.39 2.80 5.90 18.10

The loss of native plant communities due to this Proposed Action would not lead to the immediate listing of plant species. The disturbed area would be re-vegetated with native species during interim and final reclamation, which could reestablish some ecological functions of the natural or existing non-native vegetation. Several design features of the Proposed Action would help reduce direct and indirect effects to native communities; these include multiple-well (versus single-well) pads and siting of utility lines in previously disturbed routes as feasible. Table 3-5: Summary of Determinations for Sensitive Plant Species

Species No Impact

May Impact

Will Impact

Beneficial Impact

Slimleaf goosefoot Chenopodium subglabrum X Blue lips Collinsia parviflora X

Torrey’s cryptantha Cryptantha torreyana X Nodding wild buckwheat Eriogonum cernuum X

Dakota buckwheat Eriogonum visheri X Missouri pincushion cactus Escobaria missouriensis X

Sand lily Leucocrinum montanum X Dwarf mentzelia Mentzelia pumila X

Alyssum-leaved phlox Phlox alyssifolia X Limber pine Pinus flexilis X

Lanceleaf cottonwood Populus x acuminata X Alkali sacaton Sporobolus airoides X Easter daisy Townsendia exscapa X

Hooker’s townsendia Townsendia hookeri X Soil disturbing activities associated with the Proposed Action could promote the spread or dominance of invasive species currently present within or adjacent to the Project area into new areas of disturbance, particularly crested wheatgrass, smooth brome, and yellow sweetclover (Wenck 2015). These species can spread by root fragments or seeds into currently unaffected areas during soil-moving activities during construction, partial reclamation, or final reclamation. Seeds of undesirable plant species could also be dispersed or introduced through equipment and vehicle use to, from, and within the site. The potential for continued spread of invasive species could have adverse consequences for the maintenance of native plant communities and diversity in the general Project area. Mitigation measures, per the approved COAs, such as washing construction vehicles, minimizing areas and widths of disturbance, and treating new introductions of noxious weed should they occur, would be implemented


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to mitigate the spread of seeds and effect on native species and to keep existing weed populations under control. No populations of federally listed, rare, or LMNG-listed sensitive plants were found in the Project area; therefore, no direct loss of individuals or fragmentation of populations of these species are anticipated due to the Proposed Action. Potentially suitable habitat, or undiscovered individuals, for three (3) LMNG-listed sensitive plant species, may be impacted by the Proposed Action (Table 3-5) (Wenck 2015). The area of potential habitat occurs within the new well pad. There are documented populations of the sensitive plant species in other areas of the LMNG that would contribute to the continued maintenance of each species. Therefore, the impacts to potential habitat from the Proposed Action are unlikely to contribute toward a trend of federal listing or cause a loss of viability to the species (Wenck 2015). 3.4.2.2 Cumulative Effects

Native plant communities have been impacted directly and indirectly by other activities across the landscape in the Project area, and this Proposed Action would add incrementally to these cumulative effects. The current extent of native plant communities that have been permanently lost or converted with ½ mile of the Project area includes about 116 acres (12% of the 980 acre analysis area) due to road surfaces, oil development (well pads and pipelines), and expansion of non-native grasses in disturbed areas on and adjacent to these developments (Wenck 2014a). The Proposed Action would disturb a maximum 8.44 acres of native plant communities; this would increase the loss of native communities to about 13% within the analysis area and would contribute to overall habitat fragmentation. The Proposed Action would potentially contribute incrementally to the establishment and spread of certain invasive plant species assisted by soil disturbance and would increase the potential rate of spread into adjacent rangeland. However, mitigation measures, per the approved COAs, would be in place to reduce the establishment and spread of these invasive species. In addition, several design features of the Proposed Action help reduce total cumulative effects, including the use of multiple-well (versus single-well) pads and siting of utility corridors in previously disturbed routes as feasible. Native vegetation within the analysis area has also been cumulatively affected by livestock grazing (Wenck 2015). Currently, livestock heavily utilize the western wheatgrass prairie communities. Grazing could inhibit seedling development in reclaimed areas and increases the potential for spreading invasive species. The Proposed Action would not likely result in a discernible change from these current grazing patterns. 3.5 WILDLIFE RESOURCES

3.5.1 Existing Conditions 3.5.1.1 General Wildlife Species and Habitat

Wildlife habitat was present within the majority of the Project area and in the immediate surrounding area. Potential habitat included the undisturbed mixed grass prairie and extensive bur oak woodland, which is unique to this area. In the surrounding area, the rugged topography and badland coulees provide a haven for a variety of wildlife species such as migratory birds, resident upland birds, and mammals common to the badlands of western North Dakota. No aquatic habitat or fishery resources were present in the Project area.


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3.5.1.2 Threatened, Endangered, Candidate/Proposed Species and Designated Critical Habitat

Five (5) federally-listed endangered species, four (4) threatened species, and designated critical habitat for two species under the ESA are listed in McKenzie County (USFWS 2015) (Table 3-6). No potential habitat and no designated critical habitat were identified for these species within the Project area (Wenck 2015). 3.5.1.3 LMNG Sensitive Species and Federal Candidate Species

Fourteen (14) species considered sensitive by the USFS have the potential to occur within the region that includes the Project area (USFS 2011) (Table 3-6, Table 3-7). During surveys of the site, no individuals of these species were observed (Wenck 2015). Potential habitat was identified for two (2) of the species, the bighorn sheep and loggerhead shrike (Wenck 2015). Although the proposed project is not within the bighorn sheep designated lambing grounds, there is potential habitat in the Project area. 3.5.1.4 LMNG Raptor Species of Concern

Seven (7) raptor species of concern have been identified on the LMNG (USFS 2001) (Table 3-7). No raptors or raptor nests were observed or are historically documented within one mile of the Project area (Wenck 2015). However, the Project vicinity has potential raptor nesting habitat within one-half mile of the Proposed Action (Wenck 2015). 3.5.1.5 LMNG Management Indicator Species

Three (3) Management Indicator Species (MIS) have been identified for the DPG (USFS 2001) (Table 3-7). No individuals of these species or potential habitat were observed during surveys of the site and none have been historically documented within one mile of the Project area (Wenck 2015). 3.5.2 Potential Effects of Proposed Actions 3.5.2.1 Direct and Indirect Effects

Potential impacts from the Proposed Action to wildlife would include habitat loss or degradation, habitat fragmentation, and loss or displacement of individuals. Approximately 8.44 acres of undisturbed native communities would be impacted by construction of the proposed well pads, utility corridors, and realignment of NFSR #886-1 (Table 3-4). The impact would be mitigated by revegetating the Project area during interim and final reclamation using native seed mixtures to re-establish habitat for some wildlife species. For species dependent on specific plant species or structure characteristics, the disturbance of native vegetation due to the Proposed Action may result in long-term degradation of potential habitat (Wenck 2015). However, multiple wells are being located on shared pads, which reduces overall impacts to habitat and limits habitat fragmentation compared to the construction of numerous single-well pads. In addition, proposed utility corridors were sited to follow existing corridors to the extent possible, which were typically dominated by non-native species, helping to minimize impacts to native habitat (Wenck 2015). Though unlikely, construction or operation activities could also result in direct mortality to wildlife from collisions with vehicles or equipment, which would be mitigated by reduced speed limits and traffic control. More likely, some species of wildlife would relocate to adjacent habitat while other species would be temporarily displaced during construction and drilling of the well. During operations, most species would resume use of the area since human presence and vehicle use would be reduced (Wenck 2015).


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The Proposed Action is expected to have no effect to the endangered black-footed ferret, the endangered gray wolf, the endangered interior least tern, the endangered pallid sturgeon, the endangered whooping crane, the threatened Dakota skipper and designated critical habitat for the Dakota skipper, the threatened northern long-eared bat, the threatened piping plover and designated critical habitat for the piping plover, and the threatened rufa red knot (Table 3-6) (Wenck 2015). Construction of the Proposed Action would potentially cause temporary displacement of individuals and short-or long-term habitat loss or degradation for one (1) USFS sensitive species within the immediate Project area – the loggerheaded shrike (Table 3-6) (Wenck 2015). Potential habitat for this species is present surrounding the Project area and within the LMNG. Interim reclamation of the road ditches and edges of the well pads, which would occur within a year if it enters production, would mitigate habitat loss during operation of the wells; final reclamation of the site after production ceases (on the scale of decades) would re-establish potential habitat for these species in the long-term. For these reasons, loss or degradation of habitat within the immediate Project area would not impact the long term viability of these species (Kienzle 2015; Wenck 2015). The Project site and vicinity also provides potential nesting habitat for some raptor species. Human presence and activity during construction and operation of the well would potentially cause avoidance by raptors of the nearby badlands bluffs, buttes, and woody habitat within a one-half mile line-of-sight of the Proposed Action. Currently no raptors are known to nest or utilize the surrounding one-half mile of the Proposed Action, and therefore, there are no expected impacts to the long term viability of any of these species (Wenck 2015). If project construction occurs between February 1 to August 15, a supplemental raptor survey would be done to identify new, active raptor nests within one-half mile of the Project area. No species or their habitat would be impacted in such a way that would affect the long term viability, continued existence, or listed status of the species. No migratory birds or resident wildlife species in the area would be impacted in such a way that would cause their populations to be listed or significantly adversely affected. Therefore the Proposed Action would have no significant impact to wildlife resources. Table 3-6: Summary of Determinations for Threatened, Endangered, Candidate, and Proposed Species and Designated Critical Habitat

Species (Status) No effect

May affect, not likely to

adversely affect

May affect, likely to

adversely affect

Beneficial effect

Black-footed Ferret Mustela nigripes (E) X Gray Wolf Canis lupus (E) X

Interior Least Tern Sterna antillarum (E) X Pallid Sturgeon Scaphirhynchus albus (E) X

Whooping Crane Grus americana (E) X Dakota skipper Hesperia dacotae (T) X Dakota skipper Critical Habitat (CH) X

Northern long-eared bat Myotis septentrionalis (T) X Piping Plover Charadrius melodus (T) X

Piping Plover Critical Habitat (CH) X


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Species (Status) No effect

May affect, not likely to

adversely affect

May affect, likely to

adversely affect

Beneficial effect

Rufa Red Knot Calidris canutus rufa (T) X *Also USFS Sensitive Species (E) Endangered, (T) Threatened, (CH) Critical Habitat

Table 3-7: Summary of Designations and Determinations for USFS Sensitive Wildlife, Raptor Species of Concern, and Management Indicator Species (MIS)

Species Sensitive Raptor

Species of Concern

MIS No Impact

May Impact

Baird’s Sparrow Ammodramus bairdii X X Bald Eagle Halieetus leucocephalus X X X

Bighorn Sheep Ovis canadensis X X Black-tailed Prairie Dog Cynomys ludovicianus X X X

Burrowing Owl Speotyto cunicularia X X X Greater Sage Grouse Centrocercus urophasianus X X X

Loggerhead Shrike Lanius ludovicianus X X Long-billed Curlew Numenius americanus X X

Northern Redbelly Dace Phoxinus eos X X Ottoe Skipper Hesperia ottoe X X

Regal Fritillary Butterfly Speyeria idalia X X Tawny Crescent Butterfly Phyciodes batesii X X

Ferruginous Hawk Buteo regalis X X Golden Eagle Aquila chrysaetos X X

Merlin Falco columbarius X X Peregrine Falcon Falco peregrinus X X

Prairie Falcon Falco mexicanus X X Sharp-tailed Grouse Tympanuchus phasianellus X X

Sprague’s Pipit Anthus spragueii* X X

3.5.2.2 Cumulative Effects

Existing human impacts on wildlife populations and wildlife habitat within the analysis area of the Proposed Action were primarily due to livestock grazing, road development, and oil exploration. The Proposed Action would directly disturb approximately 18 acres of wildlife habitat on USFS lands due to construction of the well pads and access roads, which would add incrementally to the existing developments in the surrounding area and would contribute to habitat fragmentation for some species. Existing direct disturbance of native habitats within a half-mile radius of the site totals 116 acres (12% of the 980 acre analysis area), which includes oil and gas development and road and pipeline corridors. The Proposed Action would increase the cumulative amount of disturbed habitat to about 135 acres or 13% of the analysis area, which is not anticipated to result in significant cumulative effects to wildlife resources. In addition, several design features of the Proposed Action help reduce total cumulative effects, including the use of multiple-well (versus single-well) pads and siting of utility corridors in previously disturbed routes as feasible.


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3.6 CULTURAL AND PALEONTOLOGICAL RESOURCES

3.6.1 Existing Sites A Class III Cultural Resources Inventory of the proposed well pad and access road was conducted by Beaver Creek Archeology October 16, 2013 walking parallel linear pedestrian transects between ten (10) and twenty (20) meters apart based upon terrain probability. No historic properties were located within the survey area; therefore, the project will result in No Adverse Effect (Person and Burns 2013, Floodman 2013, Heiner 2016). The Proposed Action is not within inventoried paleontological sites (Floodman 2013). 3.6.2 Potential Effects of Proposed Action 3.6.2.1 Direct and Indirect Effects

No impacts to cultural heritage resources are anticipated from the Proposed Action. A finding of No Historic Properties Affected was recommended for the Proposed Action and the North Dakota State Historic Preservation (NDSHPO) Office concurred with that recommendation. (Person and Burns 2013, NDSHPO 2013)). If cultural heritage materials or fossils are discovered during earth-disturbing construction activities, construction would be stopped immediately, the site secured, and the NDSHPO and USFS would be notified. Notice to proceed would only occur through notification by an approved Forest Service line officer. Since no paleontological resources were identified within the Project area, no significant impacts would occur to these resources as a result of the Proposed Action. 3.6.2.2 Cumulative Effects

Since no direct or indirect effects are anticipated there would be no cumulative effects to cultural or paleontological resources as a result of the Proposed Action. 3.7 MINERAL RESOURCES AND DEVELOPMENT

Oil and gas development in western North Dakota has occurred with varying intensity for the past 100 years. The majority of the LMNG in western North Dakota is classified as high potential for oil and gas extraction, with the remainder classified as moderate potential (Pollastro et al. 2011). The Bakken Formation lies mainly beneath North Dakota with the Three Forks Formation beneath it. The North Dakota Department of Mineral Resources estimates that there are at least two billion barrels of recoverable oil in both the Bakken and Three Forks formations and that there will be 30-40 remaining years of production, or more if technology improves (Nordeng and Helms 2010, Bohrer et al. 2008). It is reasonable to assume that natural gas and oil gathering and/or transportation systems and disposal sites will be proposed and likely built in the future to facilitate the movement of products to market. Federal laws allow for mineral development on USFS lands. These laws included:

• Mineral Leasing Act, • The Federal Land Policy and Management Act of 1976, • The USFS and the BLM Memorandum of Understanding (MOU), signed April 14, 2006, in

compliance with Section 363 of the Energy Policy Act of 2005, which requires coordination between these agencies related to the leasing and management of federal minerals under national forest land, and


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• The Energy Policy Act of 2005 makes it clear that domestic energy development from renewable and nonrenewable sources is of national importance and oil and gas development is an important component of resource management on USFS land.

The Minerals Policy of the USFS was adopted from the Mining and Minerals Policy Act of 1970 (30 U.S.C 21a). The USFS program under this policy is to 1) ensure that exploration, development and production of mineral and energy resources are conducted in an environmentally sensitive manner and that these activities are integrated with the planning and management of other resources using the principles of ecosystem management; 2) facilitate the orderly exploration, development and production of mineral and energy resources within the National Forest System on lands open to these activities or on withdrawn lands consistent with valid existing rights; 3) maintain opportunities to access mineral and energy resources which are important to sustain viable rural economies and to contribute to the national defense and economic growth; and 4) ensure that lands disturbed by mineral and energy activities, both past and present, are reclaimed using the best scientific knowledge and principles and returned to other productive uses (Forest Service Minerals Program Policy 1995). The LMNG management plan includes a goal to improve the capability of the Nation’s forests and grasslands to provide a desired sustainable level of uses, values, products and services (Goal 2c, Grasslands Plan pp. 1-5, USFS 2001). Two objectives of this goal are to provide opportunities for oil and gas exploration and development consistent with direction contained with the Plan and to honor all valid existing mineral rights (Mineral and Energy Resources Objectives, Grasslands Plan pp. 1-5, USFS 2001). 3.7.1 Existing Development The analysis area for existing resources and direct, indirect and cumulative effects to mineral resources and development included a one, two, and ten mile radius surrounding the Proposed Action. These various analysis areas were chosen to provide context for existing development both nearby the Proposed Action as well as in the region. There are twenty-two (22) active wells and four (4) reclaimed/abandoned historical wells within a one-mile radius of the Proposed Action (Table 3-8). The closest active well is located on the same pad as the proposed Hickok Federal 4X-30H and Bridger Federal 4-30H wells (Figure 7). A summary of all wells within a one (1), five (5), and ten (10) mile radius of the Proposed Action is outlined in Table 3-8. Oil and gas development is at a density two to four times higher within the immediate Project area compared to further distances. Table 3-8: Summary of Oil and Gas Wells within Local Radius of Proposed Action

Type of Well 1 Mile 5 Mile 10 Mile

Active 22 203 643 Abandoned 1 18 73 Confidential 2 53 158

Inactive 0 9 26 Plugged and Abandoned 3 17 104 Temporarily Abandoned 0 9 54

TOTAL 28 309 1,058 Source: NDIC 2015


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Figure 7: Oil and Gas Development


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3.7.2 Potential Effects of the Proposed Action 3.7.2.1 Direct and Indirect Effects

The Proposed Action is consistent with other oil and gas development of the Project area and acts upon a valid mineral right and therefore would have a beneficial impact to mineral and energy resource development. If the wells are productive, the Proposed Action would result in an irreversible and irretrievable extraction and consumption of oil and gas resources from the Bakken shale geological formation. 3.7.2.2 Cumulative Effects

The Proposed Action would add eight (8) wells to the existing, past, and future oil and gas wells on the LMNG and in the Bakken oil-producing region as a whole. The combination of these wells would cumulatively serve to remove extractable oil and gas from the Bakken geological shale formation. 3.8 RECREATION AND NATURAL AREAS OF INTEREST

Recreational resources are areas designated for public recreation and other public uses. Recreation opportunities are the result of landscape character, level and type of development, presence of fish and wildlife, the amount and type of people in an area, the type of recreation experiences, the type and location of public access, facilities and improvements, interpretation and education efforts and on- or off-site regulations. Changes in any of these characteristics could change the quality of recreation experience that occurs within an area. Natural settings and landscapes can be visually appealing to people and provide a scenic resource. Natural landscapes are known to provide psychological and physiological benefits to people (USFS 1995). Areas with higher scenic quality typically have more diverse or complex landforms, vegetation, color, and other natural or man-made features. Scenic quality is a subjective experience, dependent on viewer attitudes (e.g., whether they prefer rural or urban settings), what the viewer is doing at the time (e.g., riding horse or riding in a vehicle), and the time of the year the viewer sees the area (e.g. a view of an area in the fall with dry, brown grass versus a view in the spring with green grass and blooming wildflowers). The distance from which an area is viewed also affects scenic interpretation (USFS 1995). Generally, people are more sensitive to scenic qualities in areas where they live, areas where they engage in outdoor recreation, or areas where they visit on vacation or for scenic driving. Therefore, changes in the visual setting or landscape features of an area could affect the scenic resources of an area, particularly for local residents or for recreationists in the area. 3.8.1 Existing Conditions Many recreational opportunities are available in the regional setting of the Proposed Action, which are the badlands of western North Dakota. The closest designated recreational areas and facilities are identified on Figure 8. Outdoor activities in these recreation areas include backpacking, camping, hiking, bicycling, cross-country skiing, horseback riding, hunting, fishing, bird watching, and wildlife viewing. The Project area is part of the LMNG, which is managed for multiple uses and open to the public for recreational purposes. The Proposed Action is within an area classified as “Roaded Natural” on the LMNG Recreation Opportunity Spectrum (USFS 2001b) and is rated “Low” for Scenic Integrity Objective (USFS 2001c). The Bear Den Research Natural Area is adjacent to the Proposed Action to the north and west. The Grassland Plan states the area is designated for “non-manipulative research, education, and


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maintenance of plant biodiversity” with the objective to “maintain or improve the ecological characteristics for which the Research Natural Area was designated” (Grasslands Plan p. 3-14, USFS 2001). Within this areas, oil and gas leasing is allowed, however ground-disturbing oil and gas activities are prohibited. (Grasslands Plan p. 3-14, USFS 2001).


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Figure 8: Recreation Areas


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3.8.2 Potential Effects of Proposed Action 3.8.2.1 Direct and Indirect Effects

Potential impacts to recreation resources from the Proposed Action would include temporary and localized disruption during construction activity; however, recreational opportunities of similar nature would be available in the surrounding area during this time, and no long-term impacts on future recreation would occur. Temporary effects would include increased traffic, noise, and dust due to construction activity; since the Proposed Action would be on a spur road that only accesses oil and gas wells, recreational use of this area is already limited. Significant negative effects to recreational resources in this area are not anticipated. Beyond the project area, the Proposed Action is over 18 miles overland at its closest point to the Maah Daah Hey Trail and over six miles from the Lost Bridge Wildlife Management Area. Because of this distance, the Proposed Action would not be visible and would have no direct or indirect impacts, and therefore no significant impacts, to these sites or to recreation at these sites. Potential impacts to visual and scenic resources would include a viewshed change for off-road users and users of local NFSR and scoria-surfaced roads within approximately 440 feet to the southwest of the site and approximately 550 feet to the northeast. However, the view would be typical of the area, in which oil development infrastructure is mixed within the badlands landscape and with other visible human alterations such as roads. The view from the nearest highway, Highway 53, would be blocked by badland bluff ridges and vegetation surrounding the site. The Project area is within an area that surrounded by badlands and other rugged features; as such, no unique viewsheds or distinctive landscape features would be impacted by the project because it blocked from view by the natural topography. Therefore, the Proposed Action would have no significant impacts to visual or scenic resources. The Proposed Action would not have additional direct or indirect impacts to the Bear Den Natural Research Area other than those noted above due to the development which has already occurred in the Project vicinity. 3.8.2.2 Cumulative Effects

The Proposed Action would incrementally contribute to the overall cumulative impact of oil development to visual resources and scenic integrity in the badlands region as whole. This impact would primarily affect local residents and potentially recreationists and how they view the landscape. The Proposed Action would have no cumulative impact on recreational opportunities. ALTERNATIVE 2 - NO ACTION

3.9 ALL RESOURCES

3.9.1 Direct and Indirect Effects Under the No Action Alternative, the realignment of the portion of the access road and the expansion and construction of the well pads would not be completed. There would be no direct or indirect effects to soils, air quality, water resources and hydrology, vegetation, wildlife, cultural or paleontological sites, or recreational and scenic resources. The No Action Alternative would deny valid existing federal mineral lease rights and the lease holder would have grounds to file for a takings. Such a decision would also be a violation of the Grasslands Plan Standards and Guidelines, which identify that valid existing oil and gas rights will be honored. Minerals development would be delayed or prevented.


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3.9.2 Cumulative Effects As there are no direct or indirect effects to critical resources under this alternative, there are also no cumulative effects.


4-1

4.0 Consultation and Preparers

Efforts were made to solicit opinions and concerns of stakeholders regarding the Project. A letter describing the Proposed Action and its location was sent to federal, tribal, state, local, and interested entities July 8, 2015, asking for comments regarding the Proposed Action. A Legal Notice was published in the Bismarck Tribune on July 10, 2015 informing the public of the 30-day public comment period. By the end of the comment period, one (1) response was received. The Project record, available upon request, contains the scoping letter, list of stakeholders, and comment summaries. USFS personnel with expertise in different natural resource fields were involved in the development of this EA and reviewed the analysis of effects and issues related to the Proposed Action (Table 4-1). Table 4-1: List of USFS Personnel Involved in EA Development

Name Title Project Role Vacant McKenzie District Ranger Responsible Official

Heidi Hoppman Minerals Area Manager Project Contact, Coordination Niccole Mortenson NEPA Specialist NEPA input

Price Heiner Archaeologist Archeology, Cultural Jamie Kienzle Wildlife Biologist Wildlife Laurie Gawin Botanist Botany, Noxious Weeds Sabry Hanna Minerals and Geology Program Manager Paleontology

Jennie Jennings Hydrologist Soils, Hydrology, Watershed Rob Schilling Recreation Manager Recreation

Wenck Associates, Inc., under a contractual agreement with SM, prepared Technical Reports and the EA document to assess the impact of the Proposed Action. The efforts of an interdisciplinary team comprising technicians and experts in various fields were required to complete this study (Table 4-2). Table 4-2: List of Preparers

Affiliation Name Title Project Role

Wenck Associates

Justin Askim Principal, Wildlife Biologist Project development and coordination, GIS analysis

Alicia Konsor-Showalter Environmental Scientist Co-author and project

coordination

Sara Simmers Natural Resource Specialist, Botanist Co-author and QA/QC

Luke Toso Natural Resource Specialist, Botanist Co-author

Beaver Creek Archeology Wade Burns Founder and CEO Class III Cultural Resource

Inventories


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5.0 Regulatory Compliance

CONSISTENCY OF THE PROPOSED ACTION WITH APPLICABLE LAWS, REGULATIONS, POLICY AND DIRECTION 5.1 BALD AND GOLDEN EAGLE PROTECTION ACT

This proposal is consistent with the Bald and Golden Eagle Protection Act of 1940, as amended in 1959, 1962, 1972, and 1978. The bald eagle continues to be protected under this regulation despite being delisted from the Endangered Species Act. No potential effects to bald or golden eagles were identified (Wenck 2015; Kienzle 2015). 5.2 CLEAN WATER ACT, EXECUTIVE ORDER 11990 (WETLANDS) AND 11988 (FLOODPLAINS)

This proposal is consistent with the Clean Water Act of 1972, as amended in 1977 and 1987. Direction provided in FSH 2509.22 will be used to implement applicable portions of the Clean Water Act for this proposal. No measurable impacts or changes in wetlands or floodplains are expected with implementation of the Proposed Action. 5.3 CLEAN AIR ACT

This proposal is consistent with the Clean Air Act, which is administered by the State of North Dakota (NDDH 2015). 5.4 DAKOTA PRAIRIE GRASSLANDS PLAN

The Proposed Action is consistent with the mineral goals, objectives, management standards, and guidelines for the DPG Land and Resource Management Plan (LRMP) 2002. The Proposed Action fulfills the Grasslands-wide goal of improving the capability of the Nation’s forests and grasslands to provide a desired level of uses, values, products, and services (Grasslands Plan pp. 1-5) and meets Grasslands-wide mineral objectives (Grasslands Plan, pp. 1-6 and 1-8). 5.5 ENDANGERED SPECIES ACT

Biological evaluations included “no effect” determinations for each listed species anticipated to be, or have habitat within, the analysis area (Wenck 2015). Based on these evaluations and other expert knowledge of the Project area, the USFS Botanist and USFS Wildlife Biologist have determined the Proposed Action is consistent with the Endangered Species Act of 1973 (Kienzle 2015; Gawin 2015). 5.6 ENVIRONMENTAL JUSTICE

EO 12898, issued in 1994, ordered federal agencies to identify and address the issues of environmental justice (i.e. adverse human health and environmental effects of agency programs that disproportionately impact minority and low income populations). No minority or low-income populations were identified during public involvement activities. This proposal would have no effect on minority or low income populations.


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5.7 HISTORIC PRESERVATION ACT

The Proposed Action is consistent with the National Historic Preservation Act of 1966, as amended, in 1999. The Project area has been surveyed for cultural resources and no effects to National Register eligible or listed heritage resources will occur. The USFS Archaeologist has determined that no cultural resources will be affected within the Project area (Person and Burns 2013, Floodman 2013). 5.8 MIGRATORY BIRD TREATY ACT

On January 10, 2001, President Clinton signed an EO 13186 outlining responsibilities of federal agencies to protect migratory birds. The Proposed Action is compliant with the Act (Kienzle 2015). 5.9 NATIONAL ENVIRONMENTAL POLICY ACT

This EA fulfills the requirements to comply with the NEPA of 1969. NEPA regulations require that before federal agencies make any decisions about an action, they must consider the potential effects of their actions on the quality of the human and natural environment. 5.10 NATIONAL FOREST MANAGEMENT ACT

This proposal is consistent with the National Forest Management Act of 1976, which requires the USFS to manage national forest system lands for multiple-use and sustained yield of forest products and services and to develop management plans for each national forest or grassland. 5.11 OIL POLLUTION ACT

This proposal is consistent with the Oil Pollution Act of 1990, as amended in 1994 and 2002, which is administered by the EPA. 5.12 MINERAL LAWS, REGULATIONS, & ORDERS

This Project is consistent with the laws, regulations, and orders governing oil and gas operations including, but not limited to, the following:

• EO 13212 (2001) which recommends actions to expedite energy related projects. • Energy Security Act of 1980, which specifies the intent of Congress that the USFS shall process

applications for leases. • Federal Oil & Gas Royalty Management Act of 1982, which established provisions for dealing

with lease violations. • Federal Onshore Oil & Gas Leasing Reform Act of 1987, which specifies the USFS role in the

leasing and administration of oil and gas leases and operations. • Mining and Minerals Policy Act of 1970, which allows for mineral development on USFS lands. • The Code of Federal Regulations (CFR), 36 CFR 228, Subpart E, which set forth the rules and

regulations by which the USFS will carry out its statutory responsibilities. • Resource Conservation and Recovery Act of 1976, and the Comprehensive Environmental

Response Compensation and Liability Act of 1980, which regulate wastes specific to oil and gas.


6-1

6.0 References and Acronyms

6.1 REFERENCES

Bluemle, John and Bob Biek. No Ordinary Plain: North Dakota’s Physiography and Landforms. North

Dakota Geological Survey. Available online, accessed Feb. 26, 2016: https://www.dmr.nd.gov/ndgs/ndnotes/ndn1.asp

Bohrer, M., S. Fried, L. Helms, B. Hicks, B. Juenker, D. McCusker, F. Anderson, L. LaFever, E. Murphy, and

S. Nordeng. 2008. State of North Dakota, Bakken Formation Resource Study Project. North Dakota Industrial Commission, Department of Mineral Resources. Available online at: https://www.dmr.nd.gov/ndgs/bakken/bakkenthree.asp.

Federal Emergency Management Agency (FEMA), 2015. Floodplain Map.

http://fema.maps.arcgis.com/home/webmap/viewer.html?webmap=cbe088e7c8704464aa0fc34eb99e7f30&extent=-103.6777071591796,48.11833876719044,-103.5582308408204,48.17560689294275

Floodman, M. 2013. Completion of Cultural Resources Review for the Bear Dean Multi-Plex Well Pad for

SM Energy (Project D8-14-04). Archeologist, McKenzie Ranger District. 2 pp. Gawin, L. 2015. Concurrence of Determination of Effects for the Bear Den Federal 4-30 H. Botanist,

McKenzie Ranger District. 6 pp. Kienzle, J. 2015. Concurrence of Determination of Effects for Bear Den Federal 4-30 H. Wildlife Biologist,

McKenzie Ranger District. 6 pp. Natural Resources Conservation Service (NRCS). 2016. Custom Soil Resource Reports for McKenzie

County, North Dakota. Generated for the State Project Area from Web Soil Survey at: http://websoilsurvey.nrcs.usda.gov/app/HomePage.htm.

Natural Resources Conservation Service (NRCS). 2006. Soil Survey of McKenzie County, North Dakota.

Available online at: http://soildatamart.nrcs.usda.gov/Manuscripts/ND053/0/McKenzie%20County.pdf

Natural Resources Conservation Service (NRCS). 1996. National Soil Survey Handbook, title 430-VI.

Drainage Class, Part 618.18; Hydrologic Group, Part 618.39; Wind Erodibility Group (WEG) and Index, Part 618.77; Farmland Classification, Part 622.03; and Hydric Soils, Part 622.05. Available online: http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/survey/geo/?cid=nrcs142p2_054211

Nordeng, S.H. and L.D. Helms. 2010. Bakken Source System, Three Forks Formation Assessment. North

Dakota Industrial Commission, Department of Mineral Resources. Available online at: https://www.dmr.nd.gov/ndgs/bakken/bakkenthree.asp.

https://www.dmr.nd.gov/ndgs/ndnotes/ndn1.asp

https://www.dmr.nd.gov/ndgs/bakken/bakkenthree.asp




http://websoilsurvey.nrcs.usda.gov/app/HomePage.htm

http://soildatamart.nrcs.usda.gov/Manuscripts/ND053/0/McKenzie%20County.pdf

http://www.nrcs.usda.gov/wps/portal/nrcs/detail/soils/survey/geo/?cid=nrcs142p2_054211

https://www.dmr.nd.gov/ndgs/bakken/bakkenthree.asp


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North Dakota Department of Agriculture (NDDA). 2016. Noxious Weed Program and Species List.

Available online: http://www.nd.gov/ndda/program/noxious-weeds, accessed February 2016. North Dakota Department of Agriculture (NDDA). 2015. North Dakota County and City Listed Noxious

Weeds, Revised 2015. Available online at: http://www.nd.gov/ndda/files/resource/12-1-15CityCountyNoxiousWeedsList.pdf. 1 pp.

North Dakota Department of Health (NDDH). 2015. North Dakota Ambient Monitoring Network Plan/5

Year Assessment with Data Summary 2015. Available on-line at: http://ndhealth.gov/AQ/ambient/Annual%20Reports/ARNP_14-15.pdf

North Dakota Department of Health (NDDH). 2009. Factsheet, Stormwater Discharges from Construction

Activities North Dakota Pollutant Discharge Elimination System (NDPDES) General Permit NDR10-0000, Reissuance. Available online at: http://www.ndhealth.gov/WQ/Storm/Construction/NDR10sob20091001F.pdf.

North Dakota Industrial Commission (NDIC). 2015. Department of Mineral Resources, Oil and Gas

Division. GIS data. Available at: https://www.dmr.nd.gov/oilgas, downloaded December 2015. North Dakota State Water Commission (NDSWC). 2016. Map Services: Driller Logs and Ground and

Surface Water Information. Available online at: http://www.swc.nd.gov/info_edu/map_data_resources/mapservices.html. Accessed August 2016.

Pollastro, R.M., L.N.R. Roberts, and T.A. Cook, 2011. Geologic Assessment of Technically Recoverable Oil

in the Devonian and Mississippian Bakken Formation. U.S. Geological Survey, Williston Basin Province Assessment Team. Available online at: http://pubs.usgs.gov/dds/dds-069/dds-069-w/contents/REPORTS/69_W_CH_5.pdf.

Schilling, R. 2014. Recreation Technical Report Review-Continental EA. Recreation Manager, Little

Missouri National Grassland. Email correspondence. 1 pp. U.S. Environmental Protection Agency (USEPA). 2012. National Pollutant Discharge Elimination System

(NPDES), Clean Water Act Webpage. Available at: http://cfpub.epa.gov/npdes/cwa.cfm?program_id=0. Accessed February 2014.

U.S. Fish and Wildlife Service (USFWS). 2015. County Occurrence of Endangered, Threatened, and

Candidate Species and Designated Critical Habitat in North Dakota. USFWS Website: http://www.fws.gov/northdakotafieldoffice/endspecies/endangered_species.htm, accessed February 2016.

U.S. Forest Service (USFS). 2011. Sensitive Species Lists, Forest Service, Region 1. Signed by Regional

Forester L. Weldon February 25, 2011. Available from USFS Region 1 Website: http://www.fs.usda.gov/detailfull/r1/landmanagement/resourcemanagement/?cid=stelprdb5130525&width=full, accessed August 2013.

http://www.nd.gov/ndda/program/noxious-weeds

http://www.nd.gov/ndda/files/resource/12-1-15CityCountyNoxiousWeedsList.pdf

http://www.nd.gov/ndda/files/resource/12-1-15CityCountyNoxiousWeedsList.pdf

http://ndhealth.gov/AQ/ambient/Annual%20Reports/ARNP_14-15.pdf

http://www.ndhealth.gov/WQ/Storm/Construction/NDR10sob20091001F.pdf

https://www.dmr.nd.gov/oilgas

http://www.swc.nd.gov/info_edu/map_data_resources/mapservices.html

http://pubs.usgs.gov/dds/dds-069/dds-069-w/contents/REPORTS/69_W_CH_5.pdf

http://pubs.usgs.gov/dds/dds-069/dds-069-w/contents/REPORTS/69_W_CH_5.pdf

http://cfpub.epa.gov/npdes/cwa.cfm?program_id=0

http://www.fws.gov/northdakotafieldoffice/endspecies/endangered_species.htm

http://www.fs.usda.gov/detailfull/r1/landmanagement/resourcemanagement/?cid=stelprdb5130525&width=full

http://www.fs.usda.gov/detailfull/r1/landmanagement/resourcemanagement/?cid=stelprdb5130525&width=full


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U.S. Forest Service (USFS). 2001. Dakota Prairie Grasslands (DPG) Land and Resource Management Plan (Grasslands Plan). Available online at: http://www.fs.usda.gov/detailfull/dpg/landmanagement/?cid=stelprdb5340280&width=full.

U.S. Forest Service (USFS). 2001b. Recreation Opportunity Spectrum Map, McKenzie Ranger District,

Little Missouri National Grassland. Available online at: http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5340432.pdf

U.S. Forest Service (USFS). 2001c.The Built Environment Image Guide for the National Forests and

Grasslands, Appendix C – Recreation Opportunity Spectrum (ROS). FS-710. Available online at: http://www.fs.fed.us/recreation/programs/beig/beig6c.htm, accessed November 2013.

U.S. Forest Service (USFS). 2001d. Scenic Integrity Objective Map, McKenzie Ranger District, Little

Missouri National Grassland. Available online at: http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5340437.pdf

U.S. Forest Service (USFS). 1995. Landscape Aesthetics: A Handbook for Scenery Management.

Agriculture Handbook Number 701. 104 pages. Available online at: http://www.fs.fed.us/cdt/carrying_capacity/landscape_aesthetics_handbook_701_no_append.pdf.

Wenck Associates, Inc. (Wenck). 2015. Biological Assessment and Evaluation of Threatened, Endangered

and Sensitive Species. Bear Den 4x-30. SM Energy. December 10, 2015. 47 pp. 6.2 ACRONYMS

APD Application for Permit to Drill bbl oil barrel unit volume BLM Bureau of Land Management BMPs Best Management Practices BOP Blowout Preventer CEQ Council of Environmental Quality CFR Code of Federal Regulations COAs Conditions of Approval CSU Controlled Surface Use CTB Central Tank Battery CWA Clean Water Act DPG Dakota Prairie Grasslands EA Environmental Assessment EIS Environmental Impact Statement EO Executive Order EPA Environmental Protection Agency ESA Endangered Species Act FONSI Finding of No Significant Impact FSH Forest Service Handbook FSM Forest Service Manual H2S Hydrogen Sulfide IPC Initial Planning Conference

http://www.fs.usda.gov/detailfull/dpg/landmanagement/?cid=stelprdb5340280&width=full

http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5340432.pdf

http://www.fs.fed.us/recreation/programs/beig/beig6c.htm

http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5340437.pdf

http://www.fs.fed.us/cdt/carrying_capacity/landscape_aesthetics_handbook_701_no_append.pdf

http://www.fs.fed.us/cdt/carrying_capacity/landscape_aesthetics_handbook_701_no_append.pdf


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KCl Potassium chloride LACT Lease Automatic Custody Transfer LMNG Little Missouri National Grasslands LRMP Land Resource Management Plan MA Management Area MIS Management Indicator Species MOU Memorandum of Understanding N North ND North Dakota NDDH North Dakota Department of Health NDPDES North Dakota l Pollution Discharge Elimination System NDSHPO North Dakota State Historic Preservation Office NEPA National Environmental Policy Act NFS National Forest System NFSR National Forest System Road NGP FEIS Northern Great Plains Plan Revision Final Environmental Impact Statement NPDES National Pollution Discharge Elimination System NSO No Surface Occupancy OPPA Oil Pollution Prevention Act PM Principal Meridian R Range ROD Record of Decision S South SM SM Energy SPCC Spill Prevention Containment and Countermeasures SUPO Surface Use Plan of Operation SWPPP Storm Water Pollution Prevention Plan T Township TL Timing Limitations tpy tons per year U.S. United States USACE United States Army Corp of Engineers USDA United States Department of Agriculture USFS United States Forest Service W West


Appendix A: Conditions of Approval

05/07/07, Standard COA Package 1-37, Page 1 of 18

CONDITIONS OF APPROVAL (COA’s)

(Revised May 7, 2007 In Accordance With The Dakota Prairie Grasslands Land And Resource Management Plan Dated July 31, 2002 and the Revised Onshore Order #1 Dated May 7, 2007)

For The Operator: SM Energy API #: Well Name: Boone Federal, Bowie Federal, Carson Federal, Clark Federal, Crockett Federal, Lewis Federal

Lease #: NDBLM-023570

Well Number: 4X-30H, 4X-30H, 4-30H, 4-30H, 4-30H & 4X-30H

Deed #:

¼¼ NWNW Section: 30 Township: 149N Range: 95W The following Conditions of Approval (COA’s) and/or Conditions of Approval Other shall be made part of the Surface Use Plan of Operations (SUPO) for federal leases or part of the Plan of Operations (PO) for private minerals for the above mentioned well as a condition of approval, consent, and/or permit: 01. Operations A. Definition of Surface Use Plan of Operations (SUPO) vs. Plan of Operations (PO):

SUPO: If the mineral estate involves federal minerals then the surface use is defined within the SUPO and formatted as per the federal Onshore Order #1 12 Point Surface Use Plan of Operations. This format also applies to any SUPO permitted under a special use permit. PO: If the mineral estate involves private minerals beneath federal surface, then the surface use is defined within the PO. Although it is not required to be formatted as per the federal 12 Point Surface Use Plan of Operations, the information required is the same; therefore, using the 12 Point Plan helps to expedite the overall permit process.

The Operator must conduct operations in accordance with either the approved SUPO or the approved PO. Failure to comply will result in a Notice of Noncompliance. The Forest Service will perform random spot inspections without notification during all phases of the operations to monitor compliance. A copy of the approved SUPO or PO must be present on the site during drilling, siting production facilities, and during any phase of reclamation. Failure to produce a copy of the SUPO or PO may result in immediate shut down of operations. This well and access road are permitted under the following:

X Federal Lease SUPO Private Mineral Deed PO Federal Lease SUPO with Special Use Private Mineral Deed With Special Use Special Use Permit

B. Area of Operations: The Area of Operations shall be maintained in a neat and safe manner and in accordance with the conditions herein regardless of well status. The Area of Operations during the production phase is the working area of the well pad which has not been reclaimed and which includes but is not limited to, the production facilities, all diked areas, fifteen (15) feet


outside of the anchors (dependent upon anchor spacing), and any area used by vehicles regardless of frequency. During the drilling phase, the area of operations includes the entire disturbed area of the well pad and ancillary facilities.

1. Gravel must be proven to be free of the mineral erionite through testing procedures established by the North Dakota Department of Health and used by the state Department of Transportation. Test results must be submitted to this office prior to the use of gravel on any surface.

C. Other Permits and Permissions: The Operator is responsible for obtaining all of the necessary County, State, and other Federal Agency permissions and permits prior to implementing the SUPO or the PO. This includes any required Forest Service Special Use Permits or Road Use Permits.

02. Botany Any sensitive or watch plant species found at a later date in the project area should be protected and their habitats should be managed to protect the species. This will be coordinated with the Forest Service Botanist.

03. Chemicals and Storage A. Chemicals: Upon request, the Operator will provide the Forest Service with an inventory of the kinds, amounts, and hazards of all chemicals, additives, mud materials, and/or any other substances used during drilling and/or production of the well. B. Storage: All containers used for chemical storage during production will be properly labeled with chemical name and hazards. The maximum number of chemical containers on location shall not exceed two (2) per chemical type unless authorized by the Forest Service prior to use. Excess containers shall be neatly stored and empty containers shall be promptly removed. Chemical containers laid or turned on their side shall be supported off the ground in a sturdy cradle or stand equipped with a drip pan or catch basin.

04. Cultural Resources If, prior to or during any disturbance activity, items of archaeological, paleontological, or historic value are reported or discovered, or an unknown deposit of such items is disturbed, the Operator will immediately cease disturbance activities in the affected area and notify the Forest Service. Disturbance activities will not resume until the District Ranger gives approval.

05. Dikes If production facilities are constructed, each and every vessel containing production fluids of any kind must be surrounded on all four sides by an impermeable dike/berm of sufficient capacity to adequately contain the contents of the largest vessel within the dike plus one day's production. Dike material shall be free of oil, saltwater and/or other waste materials. Dike capacity will be calculated at the lowest point on the dike. Therefore, metal walkway(s) over the dike are encouraged so as to prevent the wearing down or beating down of the dike walls. Vessel containing facilities include but are not limited to individual tanks, tank batteries, heater treaters, separators, line heaters, etc. Dikes shall be kept bare of all living and/or dead vegetation.

06. Electric Lines All electric lines will be buried a minimum of forty-two (42) inches. No overhead lines are allowed. Power poles with transformers are prohibited. Poles for outdoor lights, if approved, shall not exceed (30) thirty feet in height. Poles will be buried a minimum of six (6) feet deep.


07. Erosion Control The Operator shall prevent and control soil erosion and landslides. Soils and topsoil stockpiles shall be stabilized and vegetated with approved native species. The Operator shall take prompt action to stabilize, repair, and re-vegetate eroded or washed areas and prevent gullying. Forest Service approval is required prior to any earth disturbing activity.

08. Facilities (Equipment and Accessories) A. Existing Facilities and Improvements: The Operator shall protect, in place, all existing facilities and/or improvements; underground flowlines, pipelines, electric lines, etc.; and shall repair or replace any damage as a result of actions or operations from this well. B. Production Facilities Location: The production facilities and tanks for this well will be located:

(_X_) On (__) Off (_X_) Federal Lease (__) Private Mineral Estate ¼¼ NWNW Section: 30 Township: 149N Range: 95W

C. Production Facilities Plan: The volume of production determines the amount of production facilities needed. Prior to siting production facilities, the Operator shall notify the Forest Service and request a prework meeting/field review. During that meeting it shall be determined if the SUPO or PO adequately covers the actual production needs. If the SUPO or PO is sufficient, the facilities can be set. A distance of 125 feet must be maintained between all production facilities (i.e. between wellbore and heater treater, wellbore and tanks, etc.) unless approved otherwise by the Forest Service. If the SUPO or PO is not sufficient and additional facilities are needed, the Operator must amend their SUPO by Sundry Notice (Form 3160-5) for federal leases or by a similar form or letter to amend their private mineral PO to adjust for additional production facility needs. All Sundry Notices must be approved by the Bureau of Land Management and Forest Service for federal leases and by the Forest Service for private minerals prior to implementation and must include needed adjustments to the Production Facilities and Reclamation Plan. Deferred Facilities Option For Federal Lease SUPO’s: If, at the time the original APD was filed, the lessee or Operator elected to defer submitting information under Section III.D.4.d. (Location of Existing and/or Proposed Facilities) of the SUPO, the lessee or Operator must supply this information before construction and installation of the facilities as described in Section D. Changes To Production Facilities. The Forest Service may require a field inspection and additional environmental analysis may also be required before approving the proposal. The lessee or Operator may not begin construction until the Bureau of Land Management/Forest Service approves the proposed plan in writing. D. Siting Production Facilities on Fill: It is undesirable to locate production facilities on fill material because of settling. However, in the event that the tank battery or heater treater(s) cannot be located on the cut portion of the pad, the fill material beneath must be compacted according to T99, Method C specifications as described in Section 204.11(c), of FP-03 Standard Specifications and Supplements for Construction of Roads and Bridges on Federal Highway Projects. T99, Method C compaction generally cannot be achieved between freeze-up through spring thaw. Therefore, siting permanent production facilities after freeze-up and prior to spring thaw will not be allowed, unless approved by the Forest Service in writing.


E. Changes to Production Facilities: If the Operator plans to add or remove facilities (equipment) that involve changes in the original SUPO or PO, a detailed written statement of the work shall be filed and approved in writing, prior to the work being started. Statements shall include attached maps, diagrams, etc., as needed.

Facility changes on Federal Leases shall be submitted on a Bureau Of Land Management Sundry Notice, Form 3160-5 and submitted to the Bureau of Land Management, who will forward it to the Forest Service. The Operator can also request an electronic Sundry Form from the Bureau of Land Management or Forest Service as an option. On private mineral estates, the Operator can submit a similar form, a North Dakota State form, or submit the request by letter directly to the Forest Service.

F. Excessive Equipment (Facilities): Facilities (equipment) not approved in the SUPO or PO or within an approved Sundry Notice, and on location, are excessive facilities (equipment) and shall be promptly removed from the location. G. Condition and Maintenance: All facilities (equipment and associated accessories) shall be functional and kept maintained to prevent resource damage or shall be promptly removed from the location. H. Changes in Operator, Company Name, or Address for Special Use Permits: The Operator must notify the Forest Service in writing no later than thirty (30) days after a sale or transfer of facilities, a company name change, or a change in address to facilitate the modification or re-issuance of Surface Occupancy Permits and/or Special Use (SU) permits associated with the well. Failure to do so may result in shut-in, cancellation, or denied use of the Special Use facilities. I. Animal Protection: All facilities shall be designed and maintained to ensure that birds, bats, and other animals cannot get into nor can be harmed from facilities and/or equipment.

09. Fences, Gates, Cages, and Cattleguards A. General: During production reclamation and final reclamation the entire disturbed location will be fenced after seeding. Once the vegetation has been re-established under production reclamation and determined to be satisfactory by the Forest Service, the fenced area shall either be reduced or the fence removed by the Operator as required by the Forest Service.

B. Cattleguard(s): Cattleguards will be a minimum HS-20 load rating if the cattleguard is part of an existing range fence or if the access road will pass through the well pad requiring two cattleguards, and must meet Forest Service standards as specified in 619 of the Standard Construction and Maintenance Specifications (Reference COA Other #37-26A1). If the cattleguard is located at the end of the road and at the pad, then the company can determine the standard. If a future road passes through the pad then the company standard cattleguard shall be replaced with a HS-20 cattleguard and “Cattleguard Ahead” warning signs shall be installed. All cattleguards will be maintained as specified in 0-619 Miscellaneous Structures of the Uniform Specifications for Road Maintenance (Reference COA Other #37-26A1) regardless of standard. Tie-in fences shall be sound and secured to the wings. Loose rails shall be welded or bolted back in place. Excess material from the cattleguard shall be removed when drainage is blocked or when it reaches six (6) inches from the bottom of the cattleguard frame. Drainage to and from the


cattleguard shall be kept open. A by-pass gate will be installed as specified below with all cattleguards. Object Markers (cattleguard safety signs) shall be installed and maintained as specified in 0-710, Traffic Services (Reference COA Other #37-26A1) and in accordance with the Manual on Uniform Traffic Control Devices, on all cattleguards. C. Pad Fences and Gates: Fences will be constructed as specified in the Other Conditions of Approval, for all fence construction within one (1) year of completion of the well. The Operator shall request from the Forest Service updated fence specifications for any fencing after the one-year period. Wires shall be tightened if loose. Broken strands of wire, damaged and/or broken posts, and damaged and/or broken braces shall be replaced. Woven wire is prohibited. Gates shall be a minimum fourteen (14) feet wide. Wire gates shall be maintained the same as a fence. Swing gates, if allowed, shall swing easily. Hinges or latches shall be repaired if not operating properly. Hinges shall be oiled. All gates shall be kept closed.

D. Road Closure Devices: All road closure devices shall be approved by the Forest Service prior to installation and shall be installed and maintained as specified in 0-710, Traffic Services (Reference COA Other #37-26A1) and in accordance with the Manual on Uniform Traffic Control Devices.

E. Cage(s): Optional cages for protecting facilities cannot be used to replace pad (perimeter) fences and/or cattleguards until the Forest Service determines that the reclamation vegetation is adequate and that the fences can be removed. All cages must be sturdy enough and installed so as to prevent livestock damage to the protected facilities.

10. Fire Prevention and Suppression Requirements Requirements are listed in the Other Conditions of Approval #37-10 and are valid for one year from final approval of this surface use plan of operations. After year one, the requirements are subject to change. It is the Operator's responsibility to know and comply with the most current #37-10 Forest Service Fire Prevention and Suppression Requirements. Failure to comply may result in immediate suspension of operations. Current requirements may be requested from the Forest Service at any time.

11. Haul Route(s) and Off Road Vehicle Travel The Operator shall limit truck traffic and personnel vehicle use to specified haul routes during the construction, drilling, and reclamation of this well so as to limit resource damage to other roads. Variances or changes must be approved in writing by the District Ranger prior to use. Off road vehicle travel is not allowed unless approved in writing by the District Ranger.

12. Lights: Outdoor Outdoor area lighting fixtures will be allowed on production facilities but may only be used when personnel are present on location.

13. Lines: Open Ended Lines, Load Lines, Vent Lines, Valves, and Catch Basins Any open-ended line or valve on any production facility (equipment or accessory) will have catch basins installed at the point of hook-up or where the line is open or beneath the valve to capture drips and spills. They shall be of an adequate capacity and securely fastened or buried to prevent being moved in the wind and shall be kept screened and promptly emptied when full. All surface line shall be painted as per the COA #17 Paint.


Load (truck) lines must terminate within the diked area unless approved in writing by the District Ranger. Tank battery vent lines must terminate within the diked area and be designed so that no liquids can flow out of the vent lines or outside of the dikes. Secondary gas containment lines from the production tanks to the flare pit used to capture gas from the tanks and to contain minor spills. If approved, this line, whether buried or on surface, must be constructed so that all liquids flow into the pit. The flare pit must be surrounded on all four sides by an impermeable dike/berm of sufficient capacity to adequately contain the contents of one day's production. Reference also COA #5 Dikes.

14. Noise Control (Mufflers) All internal combustion engines associated with production facilities will be equipped with functional noise-reducing mufflers. The Operator must comply with any other Federal, State, County, or Municipal Laws, ordinances, or regulations pertaining to noise control.

15. Noxious Weeds and Invasive Plants The Operator is responsible for the prevention and control of noxious weeds and to minimize the spread of invasive species on the surface areas authorized under this plan and any subsequent Sundry Notices, Surface Occupancy Permits, Special Use Permits, etc., associated with this plan, and on any adjacent areas infested as a result of oil and gas operations, and shall provide prevention and control measures prescribed by the Forest Service as listed in the Other Conditions of Approval #37-15. A. Integrated Pest Management Program: The Operator must annually coordinate the noxious weed prevention and control plans, as approved within the SUPO or PO, with State or County management agencies. The plans shall be reviewed and coordinated annually. The plans may include biological, mechanical, and/or chemical treatments or a combination of all three, as defined within the 2007 Dakota Prairie Grasslands Noxious Weed Management Project.

16. Pad Construction A prework meeting/field review is required unless waived in writing by the District Ranger. The Operator will contact the Forest Service district authorized officer or engineering representative when the construction of the pad and reserve pit(s) (without liner(s)) are completed for final inspection and acceptance. Acceptance is required prior to moving equipment onto the pad.

17. Paint All above ground facilities, equipment, and accessories unless otherwise specified by the Forest Service, will be painted earth tone color (Munsell Soil Color) as checked below within six (6) months of the well completion and maintained as such to comply with the Visual Quality Objectives. Approved offsetting colors for moving parts, weights, horsehead, etc., can be either Sudan Brown (2.5Y 4/2) or flat yellow or similar approved colors. All paints must be flat. NO gloss and semi-gloss paints are allowed unless approved in writing by the Forest Service.

X or Box COLOR X or Box COLOR

Sand Beige (5Y 6/3) Desert Brown (10YR 6/3) X Carlsbad Canyon (2.5Y 6/2) Slate Gray (5Y 6/1) Sudan Brown (2.5Y 4/2) Brush Brown (10YR 5/3) Juniper Green Shale Green (5Y 4/2) Yuma Green (5Y 3/1) Covert Green

Numbers in parentheses refer to Munsell Soil Color Charts


18. Pesticide(s) Pesticide to control insects and rodents will not be used without the prior written approval of the District Ranger.

19. Pipelines, Flowlines, and Valves A. Forest Service Definition of Pipeline and Flowline: For administrative purposes, the Forest Service distinguishes flowlines from pipelines as follows:

Flowline: It is a flowline up to the point of sale or exchange of product ownership. Flowlines include but are not limited to the lines between the wellbore and tanks, the lines between the individual wellbores and a central tank battery, and the lines on lease or within a unit up to the point of sale or exchange. Pipeline: From the point of sale or exchange it is considered a pipeline, which is considered commercial and requires a Special Use Permit and is generally issued to a commercial pipeline company.

B. Permitting: Flowlines are generally approved within the federal Surface Use Plan of Operations (SUPO) or the private mineral Plan of Operations (PO). If not permitted under the SUPO or PO they can be permitted under a Sundry Notice. Flowlines located off lease may require a special use permit. All commercial pipelines are permitted under Special Uses. C. Construction: The Operator is responsible for locating and protecting existing underground pipelines and power lines. Centerline location will be staked by the Operator and approved by the Forest Service. Construction width shall not exceed fifty (50) feet. Operation and maintenance width shall be limited to twenty (20) feet. All lines shall be installed ten (10) feet from existing lines and will be buried at a minimum depth of four (4) feet below the surface. A line crossing a stream or creek shall be double cased and buried or bored a minimum of eight (8) feet below channel bed elevation unless otherwise authorized by the Forest Service. A heavier gauged (thicker walled) line may also be used for the crossing but requires prior written approval from the District Ranger. Backfill shall be compacted in one (1) foot lifts from a three (3) foot depth to the surface. Excess dirt will be windrowed or bermed over the line for settlement. Care will be taken to eliminate all potential concentrations of water on the disturbed area or to block natural drainages. Non-ferrous pipe that is not encased must have an electrically conductive wire or other means of locating the pipe while it is underground. During construction cut and fill ratios will be as follows:

Slopes Fill Cut 3:1 < 4 feet (1.3 meters) < 10 feet (3 meters) 2:1 > 4 feet (1.3 meters) 10-20 feet (3-6 meters)

< 2:1 FOREST SERVICE Approval FOREST SERVICE Approval


No permanent above ground lines are allowed between the wellhead and treater, between the wellhead and tank battery, between the treater and flare pit, or anywhere vehicles would need to cross them. D. Cattle: A minimum of three (3) pass-throughs per mile to allow cattle access to either side of the line will be provided during construction. E. Weather: All line construction activities are subject to immediate suspension during periods of wet weather. The normal wet season in this area is from March 1 to June 15. No construction will be allowed between these dates without the Forest Service's approval. During below-freezing weather, when the topsoil and subsoil are frozen solid, all construction activities will be suspended immediately unless approval to proceed has been granted by the District Ranger. If winter construction is approved, additional stipulations will be in effect which will be provided to the company by the Forest Service. F. Completion and Final Inspection: The holder will contact the Forest Service when the construction activity is completed. The Forest Service will then make a final inspection and document its acceptance or will identify the specific items, which do not meet acceptable standards. G. Within Existing Rights of Way (ROW’s): When construction or maintenance of pipelines or related facilities occurs within an existing road right-of-way (ROW), it is the Operator's responsibility to obtain prior written permission from the holder of any easement, project work agreement, special use permit, or encroachment permit on the affected portion of the road. Following construction or maintenance activities, the Operator shall return the roadway to its original condition including compacting, seeding and surfacing, if necessary. The Operator is also responsible for any future road reconstruction or maintenance needs resulting from this activity, such as compaction necessitated by pipeline settling, unless released from this liability by the holder of the applicable easement, project work agreement, special use permit or encroachment permit. H. Valves and Risers: Installation, replacement, and/or removal of valves and risers shall be approved in writing by the Forest Service prior to ground disturbance. All entry points on any culvert riser or wood structure, which allow human access to a buried line or valve(s), shall be kept closed. I. Maintenance: The Operator shall maintain lines so as to prevent and/or repair settling, washouts, erosion, and loss of vegetative cover. The borrowing of fill or replacement materials from Forest Service lands is not allowed. J. Abandonment: Prior to abandonment, the Operator shall notify the Forest Service of the need for abandonment and shall provide an Abandonment Plan, which specifies how the Operator intends to flush and/or purge the line of all products, intends to cap or seal the line, plans for removal of all surface facilities, and plans for reclamation of all disturbed areas. The Abandonment Plan shall be approved by the Forest Service prior to any abandonment work.

20. Pits A. Flare Pits: Flare pits will not be constructed in coal seams and all flare pits will be constructed with dikes so that any discharge from the flare stack will be contained within the pit. Flare pit igniters will be functional. Reference also COA #5 Dikes, and COA #13 regarding spill lines to the flare pit.


The Operator must maintain vegetative and weed control on the area of operations including a (30) thirty-foot minimum bare ground area around the flare stack. During drilling, temporary flare pits will be constructed so that all liquids flow into the pit. Pits will be diked. B. Reserve Pits B.1. Reserve Pits Prohibited and Tanks Required: This well will be drilled with a closed system and an open reserve pit is not required nor permitted. Drilling Fluid Levels: All drilling fluids and cuttings shall be contained in tanks. Fluid levels shall be continually monitored and excess fluids shall be hauled off to a proper disposal facility. Upon completion of the drilling of the well, the Operator shall remove and properly dispose of the fluids and cuttings at a State approved facility.

21. Plats: As Built As-built survey plats will be submitted to the Forest Service upon completion of all roads, flowlines, and pipelines, and will be prepared as follows: Use D.1 Special Use specifications for all Special Use As-Built Plat Requirements or use D.2 Sundry specifications for all Sundry Notice As-Built Plat Requirements. If the project is located both on-lease and off-lease, then the as-built plat will be completed as specified under D.1 Special Use As-Built Plat Requirements. Current specifications are listed in the Other Conditions of Approval #37-21 and are good for one year from completion of this well. The Operator shall request from the Forest Service updated specifications for all projects completed after the one-year period.

22. Prework Meeting(s) A prework meeting shall be held prior to any earth disturbing activities and a starting date established. This will include, at minimum, the Operator or their authorized representative, the dirt contractor, and the authorized Forest Service officer. The lead Operator is responsible for scheduling and holding this meeting in a timely manner sufficient for resolving any potential problems prior to actual disturbance. A minimum 48-hour advance notice is required. The Forest Service shall be notified in the event the established starting date is changed. The Forest Service will then determine if another prework conference is necessary. Post Prework Delays: The Operator must notify the Forest Service 48 hours prior to commencing operations or resuming operations following any temporary cessation, delay, or down time in which seven or more days has elapsed. Staking Prior to a Prework: When staking is specified, i.e. for roads, pads, and/or lines, the staking must be completed to standard prior to conducting the prework or the prework will be postponed and rescheduled at a later date. All proposed surface disturbance must be surveyed and staked including: The well location; two 200-foot (61-meter) directional reference stakes; the exterior pad dimensions; the reserve pit; cuts and fills; outer limits of the area to be disturbed (catch points); and any off-location facilities. Reference COA #26 C for Road Staking.

23. Propane Tanks Propane tanks will be painted as specified.


24. Reclamation The Operator must conduct reclamation concurrently with other operations. All reclaimed areas will be seeded with Forest Service approved native seed mixtures. A. Prework Meeting(s): A prework meeting is required prior to implementing any reclamation work and/or plan. B. Reclamation Plan(s): Plans for surface reclamation must be designed to return the disturbed area to productive use and to meet the objectives of the land and resource management plan. Such plans must include, as appropriate: Configuration of the reshaped topography, drainage systems, segregation of spoil materials (stockpiles), surface disturbances, backfill requirements, proposals for pit/sump closures, redistribution of topsoil, soil treatments, seeding or other steps to reestablish vegetation, weed control, and practices necessary to reclaim all disturbed areas, including any access roads and pipelines. There are two required plans:

Interim (Production) Reclamation: The number of the production facilities (i.e. tanks, treaters, pumps, etc.) affects the size of the pad needed for production and the amount of the pad that can be reclaimed during production reclamation. All areas not needed for production shall be reclaimed, stabilized, and seeded until final reclamation occurs. Final Reclamation: During final reclamation the entire area including the pad and the areas reclaimed under interim reclamation shall be reclaimed, stabilized, and seeded during final reclamation.

During the prework meeting, required prior to implementing any reclamation plan, it shall be determined if the SUPO or PO adequately covers the reclamation needs. If the SUPO or PO is sufficient, the reclamation can begin. If the SUPO or PO is not sufficient and additional reclamation requirements are needed for either plan, the Operator must submit a Sundry Notice requesting modification to the SUPO and pertinent Reclamation Plan or a similar notice to modify the PO and pertinent reclamation plan. All notices must be approved in writing by the Bureau Of Land Management/Forest Service for federal leases and by the Forest Service for private minerals prior to implementation. C. Reserve Pits: All reserve pit reclamation shall be completed within six months. Solidification: Muds and cuttings will be solidified in place and buried as specified below. The Operator shall take all precautions so as to minimize damage to the pit liner when mixing in the ash and/or cement. Class C fly ash and/or cement are the only two materials approved for solidification. No fluid evaporation chemicals are allowed. Use of any other material must be approved in writing by the District Ranger prior to use. Burying: As a general guideline under normal weather conditions, the six (6) month timetable will allow two (2) months for the mud to settle in the reserve pit, two (2) months for backfill settling upon pit closure, and two (2) months to complete final recontouring and top soiling. Pits will not be allowed to air dry or evaporate. The muds and cuttings must remain within the pit liner with a minimum of four (4) feet of fill or cap over the muds and cuttings. The allowable distance between the top of the muds and cuttings to the top of the liner depends upon the amount of backfill material that will be replaced over the pit during reclamation. The amount of backfill material is determined from the cut and fill plats at the lowest point of the backfill.


The following chart provides a guideline for determining the minimum allowable depths for muds and cuttings.

If The Amount of Fill In Feet At The Lowest Point

Is:

Then The Muds and Cuttings Must Be The Following Minimum Distance From The Top

Of The Liner:

Mitigation Required

Less Than 0.5 Feet 4 Feet 1 Foot Mound 0.6 to 1.5 Feet 4 Feet 1.6 to 2.5 Feet 3 Feet 2.6 to 3.5 Feet 2 Feet

Greater Than 3.5 Feet 1 Foot For those pits that are located on flat terrains and will have less than 0.5 feet of fill over top, the pit area is to be mounded with a minimum one (1) foot mound to prevent the settling or puddling of water on top of the pit area.

D. Contouring: All earth cut or fill slopes favorable to vegetation or other areas on which ground cover is destroyed in the course of construction, reconstruction, or heavy maintenance will be reclaimed and revegetated. All slopes and contours will be shaped and smoothed near the original contour. Care will be taken to eliminate all potential concentrations of water on the disturbed area. E. Water Bars: After contouring, water bars will be constructed at approximately the following intervals:

% Slope Water Bar Intervals - Feet 0-2 200 2-4 100 4-5 75 +5 50

Waterbars should spill water to the opposite sides of the disturbed area to avoid concentration of water and should extend at least five (5) feet beyond the disturbed area. Waterbars should not be constructed in locations that will cause water to drain on fill slopes. F. Winter Freeze-up: In the event of winter freeze-up, reclamation will be put on hold as determined by the Forest Service. G. Contaminated Soils: Upon request, the Operator shall test areas that have been subject to previous spills and/or saturation from wastes to determine hydrocarbon and salt concentrations, chemical additives, minerals, and/or other substances as necessary. Test results will be made available to the Forest Service. Contaminated soils shall be promptly treated prior to any reclamation. Treatment methods and/or plans must be approved prior to treatment. H. Topsoil: It is advantageous to the Operator to conduct a joint site survey in advance, with the Forest Service, to determine all available topsoil quantity. Topsoil shall be stripped where disturbance will occur and be deposited in a pile apart from other excavated material to reduce potential mixing with subsoil material. After the desired amount of material has been removed, and the resulting slopes and ditches (cuts and fills) have been shaped and smoothed as required, the stockpiled topsoil shall be evenly spread over exposed subsoil to the extent practicable. During production reclamation, not all topsoil may be used. Excess topsoil is to be piled, seeded and protected until final reclamation occurs. Excess topsoil will not be removed from the site for


any other uses. When final reclamation occurs, the topsoil used during production reclamation will be stripped and used with the excess topsoil for final reclamation. Topsoil shall not be stripped from the general construction right-of-way for pipelines and/or flowlines. Topsoil shall be stripped from areas requiring excavation for level working surface such as side slopes and creek crossings. During final reclamation, if the site is short of topsoil, the Operator shall import an adequate amount of certified weed seed free clean topsoil to meet the reclamation requirements. A written certification report shall be submitted to and approved by the Forest Service prior to use. I. Roads: During construction after grading is completed and before applying revegetation measures, areas to be revegetated shall be raked or otherwise cleared of sticks, stumps, stones, and other debris, which might interfere with sowing of seed, growth of grasses, or subsequent maintenance of grass covered areas. If any damage by erosion or other causes occurs after the completion of grading and before beginning the revegetation work, the Operator shall repair such damages. This shall include filling gullies, smoothing irregularities, and repairing other incidental damage. Immediately in advance of the seeding, any crusted surface shall be scarified at right angles to the slope plane. J. Pipelines and Flowlines and Trenched Electric Lines: Pipeline and/or flowline and/or trenched electric line reclamation outside the Area of Operations must be completed by the end of the next suggested seeding or planting season. As a general guideline under normal weather conditions this timetable will allow adequate time for the line and berm to settle. The line shall then be reworked to repair erosion, settling, washouts, gullies, etc. The berm shall be reduced and spread to blend with natural contours, and the area seeded with native seed. K. Time Frames for Completing Reclamation: 1. Well Sites Constructed and Not Drilled: If this oil well site is constructed and not drilled, the site and access road must be reclaimed, or Forest Service approved special erosion control measures implemented within ninety (90) days of site construction, unless otherwise approved in writing by the District Ranger. 2. Producing Wells: If this well is a producer, all production reclamation must be completed within six (6) months and in conjunction with the Production Facilities Plan. 3. Well Drilled and Temporarily Abandoned or Shut-in: If this well is drilled and then temporarily abandoned or shut-in after drilling, production reclamation must be completed within six (6) months. 4. Dry Hole Well(s) Drilled and Plugged and Abandoned: If this well is a non-producing well upon completion of drilling, the entire location and access road must be reclaimed within six (6) months. 5. Plugged and Abandoned (P&A'd) Well: For all previously producing, injection, disposal, and/or other wells that have been plugged and abandoned, the entire location, related facilities, and access road must be reclaimed within six (6) months of plugging. 6. Deepen, Re-drill, Etc.: If this well is re-entered for the purpose of deepening or redrilling or other downhole work which requires a new reserve pit and/or re-entry into the existing pit, the pit and the reclaimed portions of the pad re-disturbed, and all production reclamation must be completed within six (6) months and in conjunction with the Production Facilities Plan.


7. Re-entries of P&A’d Well Bores On Existing Pads: If this well bore is re-entered (entering a plugged and abandoned well bore) on an existing non-reclaimed well pad, the new pit and the reclaimed portions of the pad re-disturbed, and all production reclamation must be completed within six (6) months and in conjunction with the Production Facilities Plan. 8. Pipelines and Flowlines: Pipeline and/or flowline reclamation must be completed by the end of the next suggested seeding or planting season. 9. Special Use Roads: Upon the plugging and abandonment of the well, all associated special use roads shall be obliterated and reclaimed within the same timeframes as the well site unless otherwise approved in writing by the District Ranger. 10. Ancillary Facilities and Tank Batteries: Any related ancillary facility or off site tank battery shall have all facilities removed and the site reclaimed in the same timeframe as the related well. If the site is no longer joined with a well, the site will be reclaimed within six (6) months upon completion of use or notification from the Forest Service unless otherwise approved in writing from the District Ranger.

L. Time Frames for Releasing Reclamation: Generally most sites can be released within five to seven (5-7) years of seeding. However, this is dependent upon three variables: adequate moisture; achieving vegetative cover that is representative of the seed mixture and 70% of the surrounding area; and achieving a minimum of three consecutive growing seasons without disturbance and/or damage. It is important to maintain all fences and gates to keep livestock out of the reclaimed area.

25. Rig Release and Stacking The Operator shall notify the District Ranger of the drilling rig release date within two (2) working days of that date. The drilling rig shall be removed from the location within thirty (30) calendar days of the completion of drilling.

26. Road(s) A. Road Specifications: The access road will be constructed and maintained in accordance with the Road Plans approved by the Forest Service prior to construction. Components of the Road Package are specified in Other Conditions of Approval #37-26. The Operator will provide the dirt contractor with a copy of the latest revision of FP-03 Standard Specifications and Supplements for Construction of Roads and Bridges on Federal Highway Projects along with a complete set of approved road plans. Construction operations may be suspended if the dirt contractor fails to have these documents on site. B. Inspection and Acceptance: The Operator will contact the Forest Service engineering representative when the construction activity is completed and prior to road surfacing for a subgrade inspection and acceptance. Subgrade acceptance is required prior to surfacing and moving equipment onto the location. C. Staking: All designed sections will be construction staked to ensure compliance with the survey and design. Cut and fill stakes are to remain in place until final inspection. Stakes must then be removed by the contractor. Survey stakes are not to be broken off at ground level with ends left in the ground.


D. Winter or Freeze-up Conditions: In the event that construction activities will occur during frozen ground and/or winter conditions, the Forest Service may modify the construction requirements to provide access and minimize environmental damage. In those cases, the road will be completed to final standards within the next six (6) months. Snow and/or ice will not be incorporated into embankment or be placed to cause damage. E. Surfacing: The taking or borrowing of clinker/scoria or gravel from Forest Service lands for construction and/or maintenance is not allowed.

1. Gravel must be proven to be free of the mineral erionite through testing procedures established by the North Dakota Department of Health and used by the State Department of Transportation. Test results must be submitted to this office prior to the use of gravel on any surface.

F. Disposal: Upon plugging and abandonment of the well, the Operator will notify the Forest Service for a final determination of whether the road is to be retained by the Forest Service or reclaimed by the Operator. Roads retained by the Forest Service must meet approved road construction standards. Upon acceptance of the road, liability for the road would be transferred from the Operator to the Forest Service.

G. Maintenance: The Operator is responsible for maintaining all permitted roads as per the Maintenance Specifications listed under COA #37-26A1. If the road segment(s) are included within a road maintenance agreement, the Operator shall cooperate with the maintenance group and contribute to the maintenance and improvement of all included roads. 27. Safety The Operator shall maintain structures, facilities, improvements, and equipment in a safe and neat manner and must take appropriate measures to protect the public from hazardous sites or conditions resulting from the operations.

28. Seed Mixtures and Seeding Seeding shall be accomplished as agreed to in the SUPO or PO reclamation plan(s). A. Mixtures: The native seed mixture listed in Other Conditions of Approval, shall be used for seeding all reclamation work completed within one (1) year of completion of this well. The Operator shall request from the Forest Service updated seed mixtures for any seeding accomplished after the one-year period. Approved cover crops are included within the native seed mixtures. B. Report of Seeding and Certification: The mixture shall be lab tested to identify the noxious and invasive weed seed present and certified weed free by the Seed Company. A copy of the certification including the purity and viability of the seed mix shall be supplied to the Forest Service prior to planting. Upon completion of the planting, a Report of Seeding (COA Other #37-28B) from the Operator or the seeding contractor shall be submitted to the Forest Service verifying that the seeding is completed. C. Seeding and/or Planting Dates: The best success rates for seeding or planting are normally from the end of spring thaw to May 15 or from October 1 to freeze-up. Seeding will be repeated annually until such areas are accepted in writing by the District Ranger as being satisfactorily revegetated (3-5 years average but may take longer) and stabilized. D. Seeding Methods: Seeding shall be completed with grass seeders or small rangeland drills. Large grain drills are not allowed. Rangeland drills are designed to seed the larger diameter


seed and seed mixes that are uniform in size. Rangeland drills should be and typically are equipped with a broadcast (dribble) box that drops the smaller diameter seed if applicable, onto the surface. A drag implement attached will provide a light soil cover over the small diameter seed. All planting will be parallel to contours and use of criss-cross patterns to prevent erosion. Broadcast seeding, by hand or by hand held seed spreaders or with ATV mounts are allowed only on areas where it is too steep for drill equipment. When broadcast seeding, twice the normal seed mixture rate will be used. Areas broadcasted shall be raked or dragged to ensure a minimum of half-inch soil coverage over the seed. E. Seed Beds: The seedbed should be thoroughly worked, firm, and free of clods. Drill row spacing should be about two (2) inches. Seeding depths vary from ¼ to ½ inch deep and should be no deeper than one half (½) inch. Seeding deeper than one (1) inch will result in a poor stand. F. Mulches: A variety of mulching techniques may be required on disturbed slopes to hold seed. These sites will be mulched using certified weed free clean straw or native grass hay. Mulching should not include native hay unless livestock have been excluded from the hayed site. G. Geotextiles: Seed and soil blankets, known as erosion control fabric and/or other names, may be used to stabilize disturbed areas. H. Fertilizers: Fertilizers may be used with prior written approval from the District Ranger.

29. Signs All signs shall be approved by the Forest Service prior to installation and kept maintained in accordance with the Manual on Uniform Traffic Control Devices.

A. Well Sign: The Operator shall install and maintain a legible and durable well sign showing the well number, name of Operator, lease serial number, surveyed location (quarter/quarter, section, township, range). The sign shall be legible under normal conditions at a minimum distance of fifty feet (15.24 meters). B. Signs Other: All other signs shall be approved by the Forest Service prior to installation and kept maintained in accordance with the Manual on Uniform Traffic Control Devices. C. Markers: All markers such as dead-man anchors, pipeline, etc., shall be kept maintained and painted as specified. D. Reclamation Sign: Upon completion of the final reclamation and fencing of the site, the well sign or a similar type of sign shall be installed on or near the fence or gate at the point where the access road would have entered the pad. The sign requirements are the same as for the well sign. E. Hydrogen Sulfide (H2S): The Operator shall provide on- and off-site signs warning of the dangers of hydrogen sulfide around developed oil production sites that have the potential to produce H2S.

30. Storage Yards and Field Offices A. Storage (Bone) Yards: Bone yards or areas of storage must be approved by the District Ranger and shall be maintained in the same manner as the Area of Operations.


B. Field Offices: Field offices must be approved by the District Ranger and shall be maintained in the same manner as the Area of Operations.

31. Survey Monuments The Operator shall protect, in place, all public land survey monuments, private property corners, and Forest Service boundary markers. In the event that any such land markers or monuments are destroyed in the exercise of their rights, depending on the type of monument destroyed, the Operator shall see that they are reestablished or referenced in accordance with (1) the procedures outlined in the "Manual of Instructions for the Survey of the Public Land of the United States", (2) the specifications of the county surveyor, or (3) the specifications of the Forest Service.

32. Vegetative Control To help prevent the spread of fire, spills, and noxious weeds, the Operator must keep the Area of Operations bare of all living and/or dead vegetation. A combination of both mechanical and chemical methods may produce the most effective results. A. Mechanical Methods: Includes, but is not limited to, hand pulling, burning, use of drags, disks, etc. Burning requires prior approval. B. Chemical Methods: Includes ground application of herbicides and requires Forest Service approval prior to application. Specifications for herbicide use and control are listed in the Other Conditions of Approval #37-32B. A copy of the approved herbicide use must be present on the site during the application of any herbicide. Failure to produce a copy of the SUPO or PO may result in immediate shut down of operations.

33. Wastes A. Trash, Garbage, Junk, Debris, Etc.: During drilling, portable dumpsters will be used for all trash. All trash will be hauled off site; no burning or burying will be allowed. No trash will be disposed of in the reserve pit. Doors, covers, and/or lids will be kept closed. During production of the well, all debris, garbage, trash, junk, etc., shall be removed from the site and properly disposed of. Containers used to store garbage shall have adequate covers and will be promptly emptied. B. Sewage: During drilling, sewage will be disposed of and/or treated according to County and State requirements in portable chemical toilets and/or approved facilities as specified in COA Other #37-33B. C. Production Fluids: During drilling, testing, and establishing production, all fluids shall be contained in the reserve pit and/or tanks. Any spilled fluids from the tanks must flow into the reserve pit. Tanks will not be placed on topsoil stockpiles. Other drilling wastes such as rig wash, manifold drips, etc., shall also be piped or trenched to the reserve pit. All reserve pit fluids shall be properly disposed of in a state approved disposal facility. D. Equipment Fluids: Motor oil, hydraulic fluids, brake fluids, antifreeze, etc. will be properly disposed of off Forest Service lands. Disposal of these types of fluids in the reserve pit(s) is prohibited. Soils contaminated by these fluids shall be treated as specified in subsection E. E. Leaks, Spills, and Other Undesirable Events: It is the Operator's responsibility to know and comply with the most current Forest Service spill reporting and containment requirements.


Current requirements are listed in the Other Conditions of Approval and/or Notice to Lessee: NTL-DPG-98-1. All spills (any soils saturated from oil, water, or chemical during any operational activity including but not limited to drilling, completion, production, transporting, work-over, etc.) or pipeline breaks shall be promptly contained, reported as specified below, and then promptly treated. Cleanup operations will be reviewed and approved by the Forest Service prior to clean up with Forest Service recommendations for action followed. Soils contaminated and/or saturated as a result of a spill will not be buried or reburied as a means of treatment or disposal. Areas that have been subject to previous spills and/or saturation may have to be tested for hydrocarbons and salt concentrations prior to final reclamation. Upon request, the Operator shall employ the services of a Forest Service approved independent testing lab to collect and conduct the testing.

34. Water A. Control and Drainage: The Operator shall control water run-off so as to control soil erosion and prevent damage to facilities. During the production phase of the well, drainage ditches will be established and maintained on the pad to divert water away from the reserve pit and off the area of operations. Standing water and/or puddles will not be allowed. Adequate clinker/scoria or gravel will be used on the area of operations to prevent muddy or soft ground conditions causing vehicles to rut or sink. The taking or borrowing of clinker/scoria or gravel from Forest Service lands is not allowed. Pad drainage devices such as valves, pipes, etc., will not be allowed. Pad drainage is at the discretion of the Forest Service and prior written approval is required. Upon request the Operator will provide the Forest Service Officer with water sample testing results. B. Water Supply: The borrowing or taking of water from Forest Service lands for use during any phase of construction, drilling, operations, or maintenance is not allowed unless approved as part of the SUPO or PO. C. Water Supply Wells: All water wells approved in the SUPO or PO shall be kept maintained, functional, and protected. The Forest Service reserves the option to assume responsibility of the water well at the time the site is abandoned. The water well will not be plugged and abandoned until that determination has been made.

35. Wildlife and Livestock No harassment of wildlife and livestock. Notify the Forest Service if livestock need to be moved.

36. Wind Direction Indicator A functional Wind Direction Indicator (windsock or compatible) is required on all locations and must be placed on the tank battery so it is visible from everywhere on the location.

37. OTHER CONDITIONS OF APPROVAL DEVELOPED FROM THE ENVIRONMENTAL ANALYSIS

37.02A: All mitigation must be compatible with environmental protection measures for the federally Threatened Dakota skipper. 37.02B: Vehicles and equipment used for construction must be cleaned prior to entering the

National Grassland to remove all seeds and plant propagules (seeds and vegetative parts that may sprout) to prevent the potential spread of noxious weeds and invasive species.


37.02C: Disturbance needs to be kept to a minimum to reduce impacts to suitable sensitive species habitat and native vegetation communities in general, and also to reduce the spread of invasive species. 37.02D: A Forest Service approved native seed mix needs to be used for reclamation, and

monitored to ensure successful establishment. 37.02E: If invasive species are found where the surrounding area is mostly dominated by native

species, the invasive species sites need to be treated, and if necessary, reseeded. 37.02F: If noxious weeds are found anywhere, they need to be treated, and if necessary, reseeded. 37.02G: Any discovery of sensitive or watch plants that would be adversely affected by the project need to be reported to the McKenzie Ranger District office. Sensitive plant populations discovered after project approval should be protected; therefore, last minute alterations of the project design or access route may be requested to avoid negative impacts to such populations. 37.08A1: Range Water Distribution Systems. 37.08D: Siting of Production Facilities on Fill (Revised 1/10/2008). 37.09C: Fence Construction and Maintenance (Revised 5/7/2007). 37.10: Fire Prevention (Revised 1/28/2016). 37.15: Noxious Weeds (Revised 5/7/2007). 37.19E: Winter Construction of Pipelines and Flowlines (Revised 5/7/2007). 37.21: Plats (Revised 5/7/2007). 37.26: Roads Package (Revised 5/7/2007). 37.28A: Seed Mixture (Revised 7/18/2013). 37.28B: Report of Seeding (Revised 5/7/2007). 37.32B: Vegetative Control (Revised 5/7/2007). 37.33B: Sewage Wastes (Revised 5/7/2007). 37.33E: Spill Policy (Notice To Lessee 11/05/1998). 37.35A: If the project is planned for implementation between February 1 and July 31st of any subsequent year, an additional raptor survey is required. Notify the Forest Service Wildlife Biologist prior to conducting the survey as this COA may be waived. 37.35B: No removal of trees greater than 3 diameter at breast height also called DBH from April 1 through September 30 of the construction year.

#37-08A1: Range Water Distribution Systems (Revised 1-2009) Existing Facilities and Improvements: The Operator shall protect, in place, all existing range water facilities and/or improvements; pipelines, stock tanks, valves, drains, etc.; and shall repair or replace any damage as a result of actions or operations from this facility. All repairs or replacements will be done in accordance to the Dakota Prairie Grasslands Standard Specifications for Construction of Range Water Distribution Systems (10/2007) and will not take place until approved by the Authorized Officer. A minimum buffer of ten (10) feet will be needed from all range water systems to allow for safe maintenance of these systems. If this buffer is not possible, the Operator is responsible for relocating the range facilities, at their expense, in coordination with Forest Service personnel. In the case where a range water facility is intercepted during construction, the Operator will immediately contact the Forest Service and a meeting will be scheduled to develop a plan of action to conduct repairs or replacements. If the action taken on a range water facility results in the interruption of water that is needed by the grazing permittees the Operator is responsible for providing an alternate source of water until the range water facility has been returned to service. In this case the Operator will work with the Forest Service to determine where the water source will be located, the point and method of delivery, roads and trails that will be used, etc.

37.08D Siting of Production Facilities on FillIf production facilities, such as the tank battery, treater, or flare pit, have to be located onthe fill portion of the well pad and the well pad is constructed between winter freeze-up andspring thaw or consists of material that will not meet T99, Method C compactionspecifications, the area beneath the facilities will be lined with a 300 PSI liner that is boundbelow and above with commercial bentonite or natural bentonite clay, as illustrated below.

A A'

WELL PADPLAN VIEW

TREATER

Cut 10' Cut 5'

Fill 7'Fill 10'

CUTFILL

A A'

FILL MATERIAL

Well Pad Cross Section

1 Ft of Clay1 Ft of Clay

Plastic Liner (300 PSI)Surface

Dike SurfaceDike

Base MaterialCement Base for Treater

05/07/07 COA Other #37-09C, Fences, Page 1 of 2

#37-09C Standards for Oil and Gas Fences, Braces, and Gates (Revised 05/07/2007)

General: Oil and gas pad and/or reclamation fences are designed to protect livestock, wildlife, vegetation, soils, and production facilities. Fences will be 4 strands, 12½ gauge (minimum) barbed wire with horizontal design corner and line braces. Steel posts will be used in the fenceline where terrain is fairly level. On slopes greater than 2:1 (50% slope) there will be 1 wood post for every 3 steel posts. Gates (14 feet minimum) are required. Braces

Corner Braces: will be installed whenever a horizontal change in fence direction occurs. Corner braces will consist of 3 upright posts and 2 horizontal poles. Corner braces for segments on slopes 2:1 or greater, will consist of 5 upright posts and 4 horizontal poles. Line Braces: will be installed when vertical changes occur. Line braces will consist of 2 upright posts and 1 horizontal pole. Gate Braces: Gate braces will consist of 2 upright posts and 1 horizontal pole on each side of the gate. Gate sticks will be wooden, round, and a minimum of 2 inches on the small end. Smooth wire will be used for all bales on the ground posts, as well as the loop for opening the gate. Upright Posts (wood): All upright brace posts will have a minimum diameter of 6 inches and a minimum length of 8 feet and shall be set at a minimum depth of 42 inches and tamped firmly. Fill is to be tamped in 6 inch lifts. Horizontal Poles: All horizontal wooden brace (poles) will be a minimum diameter of 4 inches and a minimum length of 8 feet. Brace Wires and Twists: Number 9 smooth wire will be used between brace posts and twisted tight, leaving a twist stick (wood, rod, or pipe) inserted in the center of the twist. Twist sticks will be 18 to 24 inches in length.

Wires and Spacing Barbed Wire: The barbed wire will be a minimum 12½ gauge. Wire must be taut with due consideration for contraction and expansion. Wire should never be kinked or nicked. Staples should hold the wire close to the post. No more than ¼ mile of wire is to be stretched at one time. Dead end on corners and gates on the end of the brace opposite from direction of pull with wire ends wrapped around posts twice and twisted back on stretched wire. Barbed wire will not be used for purposes other than the top 3 main strands. Smooth wire of the same gauge shall be used for the bottom strand. Barbed Wire Spacing: Wire spacing from the ground up will be: 1st strand (smooth) at 16 inches, 2nd strand at 22 inches, 3rd strand at 28 inches, and 4th strand at 40 inches. Depressions: Where fences cross depressions, extra wires may be needed. Wires crossing depressions shall be weighted down with rocks and tie-downs to take the strain off the staples and posts. Smooth Wire: Excluding the 4 main strands and the 4 strands on individual gates, #9 smooth wire will be used for all other wire needs including but not limited to braces, gates, anchors, etc.

Fence (Non-Brace) Posts: All posts will be in a straight line between stretch stations or brace sections and spaced 16½ feet apart. Fence post height is 48 inches excluding braces. Wood posts will be a minimum length of 6½ feet and a minimum diameter of 3 inches at the small end and firmly set a minimum of 30 inches in the ground. Steel posts will be set at a depth so that the anchor plates (flanges or fins) will be at least 3-4 inches below ground surface.


#37-10 Fire Prevention & Suppression Requirements (Revised 01/28/2016) A. General: A Holder is defined as the Permittee (permit holder), or Lessee and/or Operator and their representatives, employees, workers, contractors, and subcontractors.

1. Compliance to the stipulations in this exhibit shall not preclude the Holder from complying with any other Federal, State, County, or municipal laws, ordinances, or regulations pertaining to fire prevention and suppression.

2. The Fire Season for the Medora and McKenzie Ranger Districts normally will be from April 1 to October 31 of each year. If conditions warrant, the District Ranger may begin or extend the fire season as deemed necessary. The District Ranger may also amend, add, or delete any requirement as deemed necessary, and prudent given state of fire risk.

3. It is the Holder's responsibility to obtain and know the daily Fire Danger Index and fire restrictions on or near the lands to be occupied under an approved authorization. For information on Fire Danger Index and fire restrictions contact local fire officials, the North Dakota Forest Service, Bismarck National Weather Service, or the North Dakota Division of Emergency Services.

4. To the extent practicable, the Holder, their employees, contractors, and subcontractors, shall take measures to prevent uncontrolled fires on the area of operations resulting from the operations. Self-inspections are encouraged.

5. The Holder shall promptly report all fires, regardless of size, to 1) the local fire department and 2) the Forest Service office. The Holder is responsible to submit a complete written follow-up Fire Report within 24 hours of reporting a fire.

6. The Holder, and if applicable, the applicable lessees and transferees are jointly and severally liable in accordance with Federal and State laws for indemnifying the United States for: (a) Injury, loss or damage, including fire suppression costs, which the United States incurs as a result of the operations; and (b) Payments made by the United States in satisfaction of claims, demands or judgments for an injury, loss or damage, including fire suppression costs, which result from the operations.

B. Fires: With the exception of approved facilities, no open fires (fires for warming, burning wastes, brush disposal, debris, etc.) are allowed unless approved in writing from the District Ranger. C. Oil & Gas Production Facilities: A thirty (30) foot minimum bare ground buffer zone shall be maintained around any facility (equipment and/or accessories) capable of producing a flame. Examples include but are not limited to heater-treaters, separators, line heaters, etc. The 30 foot buffer for flare stacks and flare pits originates from the center of the stack or flare pit igniter. D. Smoking: All smoking will be done inside of vehicles or in areas cleared of flammable material when the "Fire Danger" is “Very High” or “Extreme”. E. Fireworks: Fireworks are prohibited on public lands. F. Exhaust & Arrester Systems: Each internal combustion engine shall be equipped with a manufacturer’s approved or equivalent spark arrester or spark arresting device or system. Heavy-duty trucks may have a vertical stack exhaust system with muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters and other devices shall be properly installed and maintained. G. Catalytic Converters: The Holder shall take extra precautionary measures when driving off-road with vehicles equipped with catalytic converters. Such measures shall include but are not limited to: avoiding driving over or

through vegetation tall enough to come into contact with the converter, avoid parking in vegetation tall enough to come into contact with the converter, and keep all debris from building up around or on the exhaust system. H. Chainsaws: The sawyer shall have a shovel and a fire extinguisher, containing not less than eight (8) ounces of extinguisher fluid or a dry chemical powder type of not less than one (1) pound capacity. The sawyer shall carry the extinguisher at all times. All refueling shall be done on bare soils. Chainsaws will have a manufacturer approved or equivalent spark arrester. I. Required Fire Suppression Equipment: Any vehicle and/or piece of equipment used off-road will be equipped with an operational, charged fire extinguisher with a minimum 2 ½ pounds capacity and 4 BC or higher rating; a shovel (round point #0 or equal); and a 5-gallon backpack container with a hand pump attached, to be filled at all times. J. Welding: Welding and use of cutting torches or cutoff saws will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum ten (10) foot radius of all welding and cutting operations or fireproof welding blankets used. When the "Fire Danger" is in the “High” category or above, each welding crew will have available in the immediate working or project area 1) A mix of the required fire suppression equipment and 2) A ground tanker of not less than three hundred (300) gallon capacity with a pump capable of pumping twenty (20) gallons per minute at a minimum of forty (40) pounds per square inch (PSI) and not less than one hundred (100) feet of hose. When “Fire Danger” is in the “Very High” or “Extreme” category and a Red Flag Warning is issued no welding is permitted. K. Fire Suppression Plan: Upon request from the District Ranger, or when required by regulation, the Holder shall submit a Fire Suppression Plan to be included as part of the Permit Package or Plan of Operations. L. Failure to Comply: Failure to comply may result in the immediate suspension of all or portions of the operations.

05/07/07 COA Other #37-15, Noxious Weed Page 1 of 2

#37-15 Noxious Weed Prevention and Control (Revised 05/07/2007) The following are prescribed prevention and control measures when used in conjunction with other measures will help the Operator meet their responsibilities in preventing and controlling noxious weeds and/or exotic plants as identified by the North Dakota State Department of Agriculture, individual Counties, and within the 2007 Dakota Prairie Grasslands Noxious Weed Management Project.

Integrated Pest Management Program

The Operator must annually coordinate the noxious weed prevention and control plans, as approved within the SUPO or PO, with State or County management agencies. The plans shall be reviewed and coordinated annually. The plans may include biological, mechanical, and/or chemical treatments or a combination of all three.

Existing Weeds

1. Annual treatment is required if noxious weed species are present.

Construction and Drilling Equipment 2. Remove all mud, dirt, and plant parts from all off road construction and drilling equipment before

moving into the project area. If this equipment was recently used on a weed infested site it should be thoroughly cleaned with a pressure washer. Cleaning must occur off National Forest System Lands. This does not apply to service vehicles that will stay on the roadway, traveling frequently in and out of the project area. Likewise, all equipment must be cleaned prior to leaving the project site if operating within infested areas.

New Construction and/or Reconstruction

3. Areas infested with noxious weeds, which will be disturbed during the construction process, should be chemically treated during the normal growing season with herbicides a year prior to disturbance. If this is not possible the infestations should be treated at least two to four weeks prior to disturbance.

4. Excavated topsoil infested with noxious weeds species shall be stored separately from other topsoil and periodically treated with herbicides if sprouting of either is detected.

5. Keep construction sites closed to vehicles not involved with the construction until construction and revegetation is complete.

6. If straw is used for road stabilization and erosion control, it must be certified weed free.

Borrow Materials (Scoria, Gravel, Dirt, Manure, and Topsoil) 7. It is the Operator’s responsibility to obtain borrow materials from pits or sites that have been

inspected and certified as weed free sites by the McKenzie County Weed Board or other individual County Weed Board, and approved by the Forest Service prior to use.

8. Certification shall be in writing and shall include the quarter/quarter, section, township, and range, and the name and address of the surface owner. If the operator is in doubt as to whether a site has been inspected and certified, the Operator may request the McKenzie County Weed Board, another individual County Weed Board, or the Forest Service to inspect and certify the site.

9. If weeds are present at the borrow storage pile site, they must be treated before transport and use. 10. It is in the Operator’s best interest to help maintain regularly used sites as weed free.

Road Maintenance 11. Do not blade roads or pull ditches where noxious weeds are found. 12. Coordinate road maintenance activities with herbicide application to maximize efficiency.

Road Obliteration 13. Chemically treat infested roads prior to obliteration and reclamation.


Road Obliteration 14. Noxious weeds and exotics should be sprayed prior to reclamation of the site and during the

monitoring of the site until released. Use caution not to use herbicides that will have a detrimental effect to any seeding requirements.

Chemical Treatment

15. Reference COA Other #37-32B for the guidelines regarding the application of herbicides. Monitoring

16. The Forest Service shall perform annual inspections to monitor the effectiveness of treatments. The Forest Service will also take the lead in identifying any new noxious weed occurrences in cooperation with the local McKenzie County Weed Board and the Operator.

05/07/07 COA Other #37-19E, Winter Construction of Pipelines, Page 1 of 1

#37-19E Winter Construction of Pipelines and Flowlines (Revised 05/07/2007)

Construction Method 1. The Winter Construction Period will be considered to be in effect when any of the

following conditions occur: a. The ground is frozen and plating of topsoil occurs. b. Equipment slippage from operating on frozen ground results in scalping into plant root

systems. c. Road crossings cannot be adequately compacted. (During early freeze-up, frost levels

are normally deeper in roads than in surrounding areas.) d. Topsoil is frozen and cannot be separated from sub-grade material in areas requiring

right-of-way work. e. The backfill material freezes to the extent that adequate compaction becomes difficult. f. Reclamation of the entire right-of-way to Forest Service standards becomes difficult.

2. Trenching is the only acceptable method for winter construction. Plowing during frozen ground conditions results in unacceptable surface impacts.

3. The compaction method requires Forest Service approval prior to construction. 4. Snow is to be removed from the area of stored backfill material prior to trenching. Snow is not

to be mixed in with backfill material. 5. The allowable trench width depends on the compaction method. This will normally be 8, 10, or

12 inches. Narrow trench widths do not permit adequate compaction. 6. No open trench will be left at the end of each day except for the short span necessary to start

from the next day. 7. Cutting of roads is limited to trenching and boring machines. Backhoes dig frozen material up

in chunks and adequate compaction cannot be obtained. Backhoes are allowed at tie in points, rocky areas and when crossing other lines.

8. All construction activities are suspended during periods of winter thaw.

Rehabilitation: Minimum rehabilitation will include but not be limited to the following:

9. Clean all major drainages. This includes opening CMP. 10. Install water bars at anticipated problem areas.

05/07/07, COA Other #37-21 As Built Plats, Page 1 of 1

#37-21 Plats: As Built (Revision 05/07/2007) As-built survey plats will be submitted to the U.S. Forest Service upon completion of all roads and pipelines, and will be prepared as follows:

• Use D.1 Special Use: for all Special Use As-Built Plat Requirements

• Use D.2 Sundry: for all Sundry Notice As-Built Plat Requirements Note: If the project is located both on-lease and off-lease, then the as-built plat will be completed as specified under D.1 Special Use As-Built Plat Requirements. No exceptions. Note: SIZE OF PLAT: 8 ½ Inch x 11 Inch. If larger size is necessary, holder will be responsible for providing full size and/or reduced copies. Multiple page plats are preferred over reduced sheets. Minimum requirements for Linear R-O-Ws including road, pipeline, powerline and underground cable plats on National Forest System lands:

ITEM D.1 Special Use

D.2 Sundry

Size of Plat 8½ X 11 Inches Yes Yes Title Block Name of Project Yes Yes Kind of Use Yes Yes Size and Type of R-O-W (example 2 Inch gas pipeline) Yes Yes Material (steel, plastic with tracer wire, etc.) Yes Yes Origin and Destination (for pipelines) Yes Yes Depth of Line Yes Yes Name of Applicant/Holder Yes Yes Name of Preparer Yes Yes Date Yes Yes Bar Scale (1 Inch = 2000 Feet minimum) Yes Yes Drawn by (name) Yes Yes Signed, Sealed, and Dated by Licensed Engineer or Surveyor in the State of ND Yes Yes Approval Block: See Below Yes Yes Vicinity Map: Minimum ½ Inch=1 Mile (example Forest Map) Yes Yes Plat Shall Show Basis of Bearing Yes Legend Explaining any Symbol Yes Yes Sections, Township, Range, Meridian, North Arrow Yes Yes R-O-W Centerline Description and Stations and Stations at PI’s (metes and bounds, etc.)

Yes

Property Boundaries and Land Ownership Along the R-O-W (Private, State, Forest Service and other Federal Agencies)

Yes Yes

Adjacent existing improvements within 50 feet of centerline. Parallel R-O-W’s need only be shown every ¼ mile (i.e. fences, pipelines, trails, roads, etc.).

Yes Yes

R-O-W Width and Length Yes Yes Length of Line on Forest Service by Section Yes Yes Total Acres on Forest Service by Section Yes Yes Corner ties at ownership changes and at point of either or both the beginning and ending. Identify the corner monument being tied to (stone, brass cap, etc.).

Yes

Road Locations Yes Note: APPROVAL BLOCK: Reviewed by: _____________________________________ Date: ____________ Approved by: _____________________________________ Date: ____________

Forest Service

05/07/07, COA Other #37-26 Road Package, Page 1 of 8

#37-26A Road Package Components (English) (Revised 05/07/2007) A complete Road Plan package for this well shall include the following attachments, which will be made part of the Surface Use Plan of Operations:

Check Here Attachment(s) Prepared by Forest Service FP-03 Standard Specifications and Supplements for Construction of

Roads and Bridges on Federal Highway Projects Section 153 - Quality Control Table 153-01, Sampling, Testing, and Measurement Requirements Road Data Sheet Road Maintenance Information Sheet Road Management Plan Temporary Road Standards Attachments Submitted By Operator Complete Survey and Design Single-lane Access Road Typical Profile MEASUREMENTS U.S. Customary Metric

NOTE: As of October 1, 2004, all road measurements can be either in metric or U.S. Customary Measurement.


#37-26A1: FP-03 Standard Specifications and Supplements for Construction of Roads and Bridges on Federal Highway Projects The checked ( or X ) reference sections are the construction and maintenance specifications that will apply to this plan of operations.

Check Here

Construction and Maintenance Specifications

Check Here

Uniform Specifications for Road Maintenance

101 Terms, Format, and Definitions 0-101 Surface Blading 103 Scope of Work 0-103 Dust Abatement 106 Acceptance of Work 0-108 Slide Repair 107 Legal Relations and Responsibility To The

Public 0-113 Surfacing Repair

0-201 Shoulder Maintenance 152 Construction Survey and Staking 0-301 Ditch Cleaning 153 Contractor Quality Control 0-310 Minor Drainage Structures

156 Public Traffic 0-507 Roadside Vegetation 157 Soil Erosion Control 0-618 Major Drainage Structures 201 Clearing and Grubbing 0-619 Miscellaneous Structures 203 Removal of Structures and Obstructions 0-710 Traffic Services 204 Excavation and Embankment 0-807 Snow Removal 207 Earthwork Geotextiles 209 Structure Excavation and Backfill 211 Roadway Obliteration 251 Riprap (Class 3) 301 Untreated Aggregate Courses 303 Road Reconditioning 306 Dust Palliative 602 Culverts and Drains 603 Structural Plate Structures 606 Corrugated Metal Spillways 607 Cleaning, Reconditioning, and Repairing

Existing Drainage Structures

619 Fences, Gates, and Cattleguards 624 Topsoil 625 Turf Establishment 626 Plants, Trees, Shrubs, Vines, and Ground

Covers

633 Permanent Traffic Control 635 Temporary Traffic Control


#37-26A2 Section 153 - Quality Control This section replaces the 153 of FP-03 Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects and shall apply to this plan of operations.

DESCRIPTION 153.01 Work

This work consists of obtaining samples for Contractor quality control testing, performing tests for Contractor quality control, providing inspection and exercising management control to ensure that work conforms to the contract requirements.

153.02 Quality Control and Quantity Measurement System

The holder shall provide and maintain a quality control system that will ensure that all services, supplies, and construction required under this permit conform to the permit requirements. The holder shall perform, or cause to be performed, the sampling, inspection, and testing required to substantiate that all supplies, services, and construction conform to the permit requirements. The holder shall also perform, or cause to be performed, all measurement of quantities of materials incorporated into the work or work processes that are to be measured under the provisions of the permit. (a) Quality Control Plan. The holder shall submit in writing the following: (1) Authorities and responsibilities of inspection and testing personnel. (2) Experience and qualifications of inspection and testing personnel to be assigned and name and location of any (for hire) testing facility to be used. (3) Description of the testing facilities and information on when and where each of the required materials tests will be performed. (4) Example of technique to be used for random sampling. (b) Approval of Quality Control Plan. The holder's proposed quality control plan for all items requiring quality control shall be submitted to the Forest Service Engineering Representative for review prior to the holder commencing work. Within 5 working days of receipt of plan, the Forest Service Engineering Representative shall notify the holder whether the plan adequately covers quality control requirements. Construction work shall not be performed prior to holder's receipt of written approval of the proposed plan. The holder shall submit to the Forest Service Engineering Representative, in writing, any proposed changes in the approved quality control plan. Proposed changes shall not be put into effect until approved in writing by the Forest Service Engineering Representative.

153.03 Sampling, Testing, Inspection, and Measurement of Quantities

The holder shall provide or have provided and maintained appropriate measuring and testing devices, equipment, and supplies to accomplish the required measurement, testing, and inspection in a timely manner. Tests, measurements, and certifications shall be made as required by the drawings and specifications. The holder shall take samples or have samples taken and perform inspections and tests necessary to achieve the quality of construction required by the permit and make required measurements of work under this permit performed onsite or offsite. Minimum sampling and testing frequency for specific items shall be shown below in Table 153-01.

153.04 Records of Inspections, Tests, and Measurement

(a) Inspection and Tests. The holder shall maintain current records of all inspections and tests performed. The holder shall certify in writing that all inspections and tests were performed in accordance with specifications. (b) As-Built Drawings. The holder shall maintain a set of the permit drawings depicting as-built conditions. These drawings shall be maintained in a current condition and shall be available for review. All variations from permit drawings shall be indicated in red on the drawings. Upon completion of the permit work, as-built drawings shall be submitted to the Forest Service Engineering Representative. Any changes in the original permit drawings or specification must be approved by the Forest Service Engineering Representative before any changes are made.


Sampling and testing by the holder shall meet the applicable AASHTO and ASTM standards. Unless waived by the Forest Service Engineering Representative, the Forest Service Engineering Representative will inspect both sampling and testing equipment and procedures prior to production.

153.05 Certifications and Measurements

(a) Offsite Produced Materials. The holder shall furnish certificates executed by the manufacturer, supplier, or vendor, stipulating that all offsite produced materials incorporated into the work meet the applicable requirements shown on the drawings or stated in the specifications. Incidental purchases needed to remedy minor shortages of material shall be certified by the holder.

#37-26A3: Table 153-01, Sampling, Testing, and Measurement Requirements Where random sample or random measurement is specified, it shall be a stratified statistically random sample. Random numbers are to be determined by ASTM D3665 Section 5.1 through 5.7. The sampling must be stratified to eliminate the possibility of sample points being "clustered". Stratification is done by dividing the total quantity for the applicable bid item by the sample frequency. This process divides the total project quantity of one lot into sublots. The random number is used to obtain a random sampling point within each sublot. Key to symbols used in table: HT: Sampling and testing by holder's personnel identified by name on the approved holder's Q/C plan. Interim approval of personnel submitted will be based on specified training or experience requirements. Final approval will be based on observation of work performance on the project. PE: Sampling and testing under the direction of and certification by a registered engineer retained by the holder and specifically identified on the approved holder's Q/C plan. Note: The minimum frequency shown in this table is for Holder Quality Control sampling and testing. The holder can run additional samples over the minimum number specified in the table. These additional samples can be taken in any manner, at any time desired by the holder. Quality assurance sampling and testing by the Forest Service may be done at any time or location.

Subsection Reference Required Sampling, Testing and

Measurements

Responsibility for Sampling/Testing

Minimum Frequency

204.10 Embankment Placing Moisture Density Curve

HT/HT One curve per soil type

Table 204-1 Construction Tolerances Measurement of Topsoil Pile for Quantity Measurement of Construction Tolerances Measurement of Turnouts Measurements of Ditch Depths and Flow

HT/HT HT/HT HT/HT HT/HT

All Stockpiles 2 Random samples/1,000 feet. With station and items on Station Check all widths and length on turnouts on drawings. 2 Random samples/1,000 feet.

301.02 Gradation Per 703-02 (a) and (b) Pit Run or Grid Rolled Aggregate

HT/HT

3 checks for maximum size per 1,000 cubic yards.


602.02 Requirement (Method A or B) Type of Pipe

HT/HT

Helical or Annular

602.03 Bedding Moisture Density (Method B) Field Density (Method A or B) Camber height (Method A or B)

HT/PE HT/HT HT/HT

One curve per soil type The first pipe on each project shall be tested. Thereafter of all installations select randomly or one test/pipe for each road or road segment whichever frequency produce the greater number of tests. List for pipe installed

602.04 Laying Pipe Alignment, Seams, Outlet (Method A or B)

HT/HT

List for pipes installed

602.03 Backfilling Moisture density curve (Method B) Field density for culverts in live streams and all culverts 48 inches diameter or equivalent or greater (Method B) Field density for all other culverts (Method A) Damaged or Distorted (Method A or B)

HT/PE PE/PE HT/HT HT/HT

One test per soil type One test per 12 inch lift on each side of culvert The first pipe on each project shall be tested. Thereafter of all installations select randomly, or 1 test per pipe for each road or road segment whichever frequency produce the greater number of tests. On all pipes installed.


#37-26A4 Road Data Sheet (English)

Date of Field Review: Hard Copy In Project File (Y/N): Design Speed: (__)15 mph (__) 35 mph Design Class: (__)Local (__)Collector Type of Alignment: (__)Geometric (__) Drivable flag line with field review and approval by the Forest Service

Type of Plans (__) Forest Service Standard Set (__) Other, Describe:

Cross Sections Required (__)Yes (__)No (__) For entire Project (__) Only Segments: Describe:

Turnout Spacing: (__) 1,000 feet Maximum (__) Intervisible (__) Intervisible with 1,000 feet Maximum spacing

Turnouts shall be an additional 10 feet wide; Turnout tapers shall have a length of 50 feet. Fill In Values for Each (feet)

A (ft) = 14 feet C (ft) = 6 feet E (ft) = 2 feet B (ft) = 16 feet D (ft) = 10 feet

NOTE: See standard set of plans for slopes and fill widening. Method of embankment placement (spec.204.10.a,b,c), will be method 2 with a sheep foot.

Surfacing Depth: (__) Single Lane Road 4 inches (__) Double Lane Road 6 inches

Major Drainage Site Work Plans Required?: (__) Yes (__) No. If Yes, Location of Site:

Construction Tolerance Class (__) E (__) F Well Name: Road Number: Well Number: Road Use (Y/N): Qrtr/Qrtr: Township: On Lease (Y/N): Special Use Road (Y/N) Section: Range: Maximum Grade %: 8% FOREST SERVICE Personnel At Meeting:

Company Personnel At Meeting:

A

Typical Turnout Dimensions Plan View

10ft

150ft.

50ft 50ft

A

B D

C

E

2.0% Typical Crown

Roadway


#37-26A5 Road Maintenance Information (English)

Road Information

Road Number

Minimum Surfacing

Depth

Design Speed

Collector or

Local

Major Drainage Crossing


#37-26A6 Road Management Plan

Road Number:

Traffic Service Level:

Road Name:

Maintenance level:

Beginning Termini:

Will Use Be Controlled:

Ending Termini:

Closure Type:

Length (miles):

Restriction Type:

Existing or Planned:

Time When Control Is Applied:

Resource Management Area:

Goal Primary Value:

Primary Use is For:

Disposal Objective:

Road Design Elements

# Of Lanes: Slopes (Y/N): Major Crossings (Y/N): Ditches (Y/N): Aggregate Surface (Y/N): Turnouts (Y/N): Shoulders (Y/N): Culvert Pipes (Y/N): Rolling Dips (Y/N):

Approved By

Title

Date

Seeding Rate Guidelines Page 1 of 2

#37-28A Seed Mixture (Revised 07/18/2013)

Company: Well ID: Date:

Seeding Rate Guidelines

Scenario #13 All Sites

Seeding Rates Formulas A - % of Mix B - Number of seeds per lb. C - Number of seeds per ft2 (C = A x 50) D - Number of seeds per acre (D = C x 43560) E - Drilled Pure Live Seed (PLS) lb./acre (E = D / B) (See page 2 for additional information)

A B C D E

Species

Preferred Cultivar,

Ecotype, or Germplasm

Common Name % of Mix

Number Seed

per lb.

Number Seed

per ft2

Number Seed

per acre

Drilled PLS

lb./acre

Cool Season Grasses: Elymus canadensis Nassella viridula Pascopyrum smithii

Mandan Lodorm Rodan

Canada wildrye Green needlegrass Western wheatgrass

0.15 0.20 0.25

115,000 180,000 112,000

7.5

10.0 12.5

326,700 435,600 544,500

2.8 2.4 4.9

Warm Season Grasses Bouteloua gracilis Calamovilfa longifolia Schizachyrium scoparium

Alternate Warm Season (for one of above species) Bouteloua curtipendula

Bad River

Goshen Badlands

Pierre

Blue grama Prairie sandreed Little bluestem Sideoats grama

0.10 0.10 0.10

0.10

750,000 275,000 286,000

180,000

5.0 5.0 5.0

5.0

217,800 217,800 217,800

217,800

0.3 0.8 0.8

1.2 Forbs

Dalea purpurea OR

Dalea candida

Local1

Antelope1

Purple prairieclover

White prairieclover

0.04

0.04

290,000

278,000

1.8

1.8

78,408

78,408

0.25

0.3

Helianthus pauciflorus OR Solidago rigida

Bismarck1

Local1

Stiff sunflower

Stiff goldenrod

0.03

0.03

85,000

656,000

1.4

1.4

60,984

60,984

0.7

0.1

Echinacea angustifolia OR Ratibida columnifera

Bismarck1

Local1

Purple coneflower

Prairie coneflower

0.03

0.03

120,000

737,000

1.4

1.4

60,984

60,984

0.5

0.1

Totals 100% 49.6 Forbs 13.4 Alternate Forbs (12.5)


Use of Pure Live Seed (PLS) for calculating seed mixtures.

Planting is based on approximately 50 seed per square foot and/or 12-16 pounds PLS per acre.

All of the seed mixtures in this guide give the rate of PLS for each species per acre. These rates were derived using three basic figures: percent of each species desired by composition, number of seeds per pound according to species, and total number of PLS per square foot.

The following equation should be used to calculate how much seed is needed to provide the required pounds of PLS needed.

% Purity x Germination Rate % = % PLS Pounds of PLS Desired divided by %PLS = Pounds of Seed Required

An example of this is: 10 lbs. of PLS is required. The given seed lot for this species has a purity of 95% and a germination rate of 85%. How many pounds of seed will be necessary to have 10 PLS?

.95 (Purity) x .85 (germination rate) = .81 (% PLS) 10 (required poundage) divided by .81 (%PLS) = 12.3

12.3 pounds of seed will be necessary to provide 10 lbs PLS of seed.

Cultivars listed in the second column are preferred, but local seed collections grown for harvest are acceptable if performance and origin are certified or documented. All seed sources should be derived from loal collections or a general area extening 300 miles north and 200 miles south of the area to be reclaimed, and within similar elevation and precipatuion zones as western North Dakota, ie from Jamestown on the east to Billings, MT on the west.

A local source for forbs is Prairies Diversified located in Bismarck, ND (Roger Rostvet, 701-258-0181).

Other sources may be used but they must be verified as local collections and not obtained from a distant source that are distributed by a local dealer.

Seeding depth should be one-half inch or less for drilled seed.

For broadcast seeding, multiply pounds of each species seeded by 1.5. Seed bed should be

thoroughly worked and firm.

Best average seeding dates for cool and warm season mixes is May – June. Earlier of later (fall dormant) seeding is likely to result in poor establishment of warm season species and is therefore discouraged.

Seed mix may need to be adjusted due to site characteristics and/or lack of available seed for some species. In the latter case, adjust species seeding rates by formulas below table to obtain approximately 50 seed per square foot and/or 12-16 lbs. of PLS per acre for drilled seed and 18-24 lbs. per acre for broadcast seeding.

Note: The following are required as per Conditions of Approval #28 B, Certification & Reporting

1. Report of Seeding (#37-28B) 2. Certification of Seed Mixture from Seed Company and seed tags from bags or copy of seed

tags for all planted material must be submitted to the appropriate Medora or McKenzie Ranger Districts.

Call the appropriate Medora or McKenzie Ranger Districts if there are any questions.

Medora Ranger District: 701-227-7800. McKenzie Ranger District: 701-842-2393.

05/07/07 COA Other #37-28B, Seed Report, Page 1 of 1

#37-28B Report of Seeding (Revised 05/07/2007)

REPORT OF SEEDING 01. SITE SEEDED Oil Company Name: Well Name or #: ¼ ¼ : Section: Township: Range: 02. SEEDING COMPANY Company Name: Date Seed Mixture Sent To Forest Service: Date Site Seeded: 03. SEEDING METHODS Seed Bed

Preparation Equipment

Used Seeding

Techniques Ripped Seed Bed Grass Seeder Parallel To Contours Disked Seed Bed Small Grain Seeder Criss-Cross Pattern Firm Large Grain Seeder Mulching Free of Clods Hand Seeded

04. Drill Row Spacing (Inches): 05. Seeding Depth (Inches): 06. Approximate Acres Seeded:

07. I hereby certify that I, or persons under my direct supervision, have seeded this site, and the mixture has been certified weed free. A copy of the seed mixture certification, including the seed mixture is attached.

Seeding Company Representative Date

Forest Service Reviewer Date Received NOTE: The appropriate boxes and fill in the blanks as applicable for all 7 items above. Sign and send the original to the Forest Service Ranger District. Faxed copies must be followed by the original.

05/07/07 COA Other #37-32B, Vegetative Control, Page 1 of 2

#37-32B Vegetative Control, Application of Herbicides (Revised 05/07/2007)

NOTE: Herbicides used for vegetative control are generally pre-emergence short-term (less than one year duration) herbicides that will kill all vegetation including grasses and forbs. Therefore, it is extremely important that these herbicides not be used to control noxious weeds and/or invasive species, as defined by COA Other #37-15, within those areas of the pad or road where native vegetative cover is being established under interim or final reclamation.

Chemical Treatment

The following mitigation measures shall apply to the ground application of all herbicides:

General All chemical treatments must be approved in writing by the Forest Service prior to any surface application. A copy of the approval must be present on the site being treated. Failure to produce a copy of the approval may result in immediate shut down of operations.

Applications, Forms, Monitoring

Companies using herbicides for vegetative control or for control of noxious weeds and/or invasive species must annually complete, submit, and have approved prior to use the following documents:

a. Pesticide-Use Proposal (Form FS-2100-2). b. Pesticide-Use Proposal Attachment A, Supplemental Information (Form DPG-2100-2A). c. Spill Incident Response Plan for transporting herbicides.

A current and blank copy of forms 2100-2 and 2100-2A can be obtained from the Forest Service District Office upon request.

Do not combine vegetative control use with control of noxious weeds and/or invasive species use on the same forms. Separate forms must be submitted for each.

Herbicides

Only approved herbicides, as specified within the 2007 Dakota Prairie Grasslands Noxious Weed Management Project can be used for chemical treatment. Since this listing may change from year to year, it is the Operator’s responsibility to request and submit use for the most current listing of approved herbicides. An approved current listing of vegetative control herbicides can be obtained from the Forest Service District Office upon request.

Ground Application • Herbicides must be applied under the supervision of a certified herbicide applicator under the

laws of the State of North Dakota. • Herbicides must be applied consistent with the instructions on the label. • No herbicide will be applied directly to surface water or where surface water from treated areas

can run into live water sources. • A buffer of at least one hundred (100) feet from bodies of water must be maintained. • The buffer width would be determined based on soil, slope, etc.

• No spraying of liquid formulations will be done if temperatures exceed eighty (80) degrees. • No spraying of liquid formulations will be done if the wind velocity exceeds ten (10) mph or per

herbicide labeling directions. • If boom spraying is done, boom pressure will not exceed forty (40) psi to minimize drift. • Herbicide use will be permitted only within the areas identified within the applications. • A sign saying the area has been treated with herbicides will be posted in areas receiving

treatments at least one full day (unless the herbicide label says longer) after the treatment.


Monitoring • The Forest Service will monitor the herbicide use in the form of random compliance

inspections. • All monitoring will be done under the direction of a Forest Service employee who is a licensed

Commercial Pesticide Applicator. Year End Report • When you have completed your herbicide treatment for the season and prior to October 1

of each year, you must submit the following information for each site treated and for each herbicide applied on National Forest System lands:

• Date of application • Formulation/trade name • EPA registration number • Name of active ingredient • Pounds of active ingredient applied to the site • Acres treated on the site

• In the case of a combination of herbicides being used, you will need to submit the information for each herbicide in the mixture.

• Failure to submit the reports will delay the permitting of this year’s Pesticide Use Proposal. Plugged and Abandoned Sites • Noxious weeds should be sprayed prior to reclamation of the site and during the monitoring

of the site until released. Use caution not to use herbicides that will have a detrimental effect to any seeding requirements.

05/07/07, COA Other #37-33B, Sewage Wastes, Page 1 of 1

#37-33B Sewage Wastes (Revised 05/07/2007) The Operator is responsible for submitting a Sewage Containment Plan prior to use that ensures the proper function, maintenance, and cleaning of all sewage facilities and the proper containment, disposal, and removal of all sewage wastes. The system must be “Closed” ensuring that there are no open or exposed tanks, catch basins, etc., and meeting the requirements of this section. Holes: Excavated or drilled into the cut portion of the well pad or adjacent areas to catch or hold sewage wastes are not permitted. Portable Chemical Toilets: An adequate number of portable toilets (1 toilet/10 people/40 hours) shall be present on or near the well pad from the beginning of construction through completion of the well. Flush Toilets: Any facility utilizing a flush toilet shall ensure that each toilet has a trap and that each facility has standard fittings with adaptors as needed beneath the facility upon which sewage lines can be easily attached and/or removed. Power Source and Breakers: Each electrical pump shall have a dedicated power source with a minimum 20 amp fuse system. Holding Area and Dikes: All waste tanks and/or any other sewage treatment vessel shall be placed within a holding area surrounded on all four sides by an impermeable dike/berm of sufficient capacity to adequately contain the contents of the largest vessel. Tanks/vessels can be placed within a larger tank such as a stock tank, etc., and meet this requirement as long as the larger tank is of sufficient capacity. Liner: The holding area within the diked area shall have a liner with a minimum burst strength of 140 pounds per square inch (psi). Upon completion of use, the liner shall be removed from the location and properly disposed of. Working Space: The waste disposal contractor shall have adequate working space (suggested 8 feet minimum width) to access all holding vessels. Wastes: Sewage systems are for sewage wastes only. Wastes other than sewage, including but not limited to trash, oils, muds, chemical solvents, parts cleaners, antifreeze (non-biodegradable), etc., are prohibited from entering the sewage system. Disposal: All sewage waste must be disposed of in State and/or County approved facilities. Records shall be kept and made available upon request. No sewage wastes shall be placed within a reserve pit, buried on location, and/or disposed of on National Forest System Lands. Winter: The Operator is responsible for preventing the freeze-up of the sewage lines and storage vessels. Heating tapes, tank heaters, etc., shall be used as needed. Inspections/Records: Routine inspections (minimum of 2-3 times per week) shall be performed and documented to monitor fluid levels in both fresh and wastewater tanks. Upon request the Operator shall provide the Forest Service with copies of the inspections. Spills: All sewage spills shall be promptly reported to the Forest Service, a treatment plan developed, submitted, and approved prior to any treatment.

05/07/07 COA Other #37-33E, NTL Spills, Page 1 of 1

#37-33E NTL Spill Policy

UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE

DAKOTA PRAIRIE GRASSLANDS

Notice to Lessees, Transferees, and Operators On Lands Administered by the Dakota Prairie Grasslands

NTL-DPG-98-1

This Notice is issued pursuant to the authority prescribed in Title 36 CFR 228.105(b). The intent of the Dakota Prairie Grasslands in issuing this direction is that when spills associated with minerals exploration or development occur, Forest Service personnel will be informed immediately and have the opportunity to respond as needed. Requirements of this notice applies to all oil and gas or other mineral activities conducted on Federal leaseholds on lands administered by the Dakota Prairie Grasslands. Operators on these lands must report all spills, discharges, and other undesirable events in accordance with the requirements of this Notice. The Grasslands realizes there may be spills of a minor nature for which we normally would not need immediate notification, but without the information, that assessment cannot be made. As used in this Notice, the term Authorized Officer means that officer of the Forest Service having supervisory jurisdiction for the geographic area in which the event occurs.

1. Oil or salt water spills that occur on-site (on the pad) and that exceed one barrel, whether it is inside a bermed area or outside of it, must be reported to the Authorized Officer by phone or in person as soon as possible. These spills must also be reported in writing within 30 days of the spill. Spills less than one barrel do not have to be reported orally, but must be reported in writing within 30 days of the spill. A written report for all spills that occurred within a calendar month may be combined into one report for that month, submitted by the 15th day of the following month. Each spill must be identified individually with required information included for each spill.

2. Any oil or salt water spill that occurs off-site must be reported to the Authorized Officer immediately by phone or in person, regardless of quantity.

3. Any spill of a toxic substance on Dakota Prairie Grasslands lands, as listed and of a reportable quantity as defined at 40 CFR 114.3, must be reported immediately by phone or in person to the Authorized Officer.

4. For a monthly written report, the Forest will accept copies of written reports submitted to other agencies, such as the Bureau of Land Management or the appropriate State regulating agency, provided it contains the required information (see 5 below).

5. In those cases where a monthly written report submitted to the other agencies does not include those spill reports required by the Dakota Prairie Grasslands, such spills must also be reported in writing within 30 days to the Authorized Officer. The Operator may use forms the other agencies use, a form, which the Forest can supply, or a form of the Operator's choosing, as long as it contains the required information. Exhibit 2 is an example of a form, which may be used; required information is indicated by asterisks.

Failure to provide the necessary notification or reports as provided this Notice may result in other measures being taken to secure compliance, such as those provided by Title 36 CFR 261.10(a). November 5, 1998 /s/ Larry J. Dawson DATE LARRY J. DAWSON GRASSLANDS SUPERVISOR


CONDITIONS OF APPROVAL (COA’s)

(Revised May 7, 2007 In Accordance With The Dakota Prairie Grasslands Land And Resource Management Plan Dated July 31, 2002 and the Revised Onshore Order #1 Dated May 7, 2007)

For The Operator: SM Energy API #: Well Name: Hickok Federal & Bridger Federal Lease #: NDBLM-023512-A Well Number: 4X-30H & 4-30H Deed #: ¼¼ NWNW Section: 30 Township: 149N Range: 95W The following Conditions of Approval (COA’s) and/or Conditions of Approval Other shall be made part of the Surface Use Plan of Operations (SUPO) for federal leases or part of the Plan of Operations (PO) for private minerals for the above mentioned well as a condition of approval, consent, and/or permit: 01. Operations A. Definition of Surface Use Plan of Operations (SUPO) vs. Plan of Operations (PO):

SUPO: If the mineral estate involves federal minerals then the surface use is defined within the SUPO and formatted as per the federal Onshore Order #1 12 Point Surface Use Plan of Operations. This format also applies to any SUPO permitted under a special use permit. PO: If the mineral estate involves private minerals beneath federal surface, then the surface use is defined within the PO. Although it is not required to be formatted as per the federal 12 Point Surface Use Plan of Operations, the information required is the same; therefore, using the 12 Point Plan helps to expedite the overall permit process.

The Operator must conduct operations in accordance with either the approved SUPO or the approved PO. Failure to comply will result in a Notice of Noncompliance. The Forest Service will perform random spot inspections without notification during all phases of the operations to monitor compliance. A copy of the approved SUPO or PO must be present on the site during drilling, siting production facilities, and during any phase of reclamation. Failure to produce a copy of the SUPO or PO may result in immediate shut down of operations. This well and access road are permitted under the following:

X Federal Lease SUPO Private Mineral Deed PO Federal Lease SUPO with Special Use Private Mineral Deed With Special Use Special Use Permit

B. Area of Operations: The Area of Operations shall be maintained in a neat and safe manner and in accordance with the conditions herein regardless of well status. The Area of Operations during the production phase is the working area of the well pad which has not been reclaimed and which includes but is not limited to, the production facilities, all diked areas, fifteen (15) feet outside of the anchors (dependent upon anchor spacing), and any area used by vehicles


regardless of frequency. During the drilling phase, the area of operations includes the entire disturbed area of the well pad and ancillary facilities.

1. Gravel must be proven to be free of the mineral erionite through testing procedures established by the North Dakota Department of Health and used by the state Department of Transportation. Test results must be submitted to this office prior to the use of gravel on any surface.

C. Other Permits and Permissions: The Operator is responsible for obtaining all of the necessary County, State, and other Federal Agency permissions and permits prior to implementing the SUPO or the PO. This includes any required Forest Service Special Use Permits or Road Use Permits.

02. Botany Any sensitive or watch plant species found at a later date in the project area should be protected and their habitats should be managed to protect the species. This will be coordinated with the Forest Service Botanist.

03. Chemicals and Storage A. Chemicals: Upon request, the Operator will provide the Forest Service with an inventory of the kinds, amounts, and hazards of all chemicals, additives, mud materials, and/or any other substances used during drilling and/or production of the well. B. Storage: All containers used for chemical storage during production will be properly labeled with chemical name and hazards. The maximum number of chemical containers on location shall not exceed two (2) per chemical type unless authorized by the Forest Service prior to use. Excess containers shall be neatly stored and empty containers shall be promptly removed. Chemical containers laid or turned on their side shall be supported off the ground in a sturdy cradle or stand equipped with a drip pan or catch basin.

04. Cultural Resources If, prior to or during any disturbance activity, items of archaeological, paleontological, or historic value are reported or discovered, or an unknown deposit of such items is disturbed, the Operator will immediately cease disturbance activities in the affected area and notify the Forest Service. Disturbance activities will not resume until the District Ranger gives approval.

05. Dikes If production facilities are constructed, each and every vessel containing production fluids of any kind must be surrounded on all four sides by an impermeable dike/berm of sufficient capacity to adequately contain the contents of the largest vessel within the dike plus one day's production. Dike material shall be free of oil, saltwater and/or other waste materials. Dike capacity will be calculated at the lowest point on the dike. Therefore, metal walkway(s) over the dike are encouraged so as to prevent the wearing down or beating down of the dike walls. Vessel containing facilities include but are not limited to individual tanks, tank batteries, heater treaters, separators, line heaters, etc. Dikes shall be kept bare of all living and/or dead vegetation.

06. Electric Lines All electric lines will be buried a minimum of forty-two (42) inches. No overhead lines are allowed. Power poles with transformers are prohibited. Poles for outdoor lights, if approved, shall not exceed (30) thirty feet in height. Poles will be buried a minimum of six (6) feet deep.


07. Erosion Control The Operator shall prevent and control soil erosion and landslides. Soils and topsoil stockpiles shall be stabilized and vegetated with approved native species. The Operator shall take prompt action to stabilize, repair, and re-vegetate eroded or washed areas and prevent gullying. Forest Service approval is required prior to any earth disturbing activity.

08. Facilities (Equipment and Accessories) A. Existing Facilities and Improvements: The Operator shall protect, in place, all existing facilities and/or improvements; underground flowlines, pipelines, electric lines, etc.; and shall repair or replace any damage as a result of actions or operations from this well. B. Production Facilities Location: The production facilities and tanks for this well will be located:

(_X_) On (__) Off (_X_) Federal Lease (__) Private Mineral Estate ¼¼ NWNW Section: 30 Township: 149N Range: 95W

C. Production Facilities Plan: The volume of production determines the amount of production facilities needed. Prior to siting production facilities, the Operator shall notify the Forest Service and request a prework meeting/field review. During that meeting it shall be determined if the SUPO or PO adequately covers the actual production needs. If the SUPO or PO is sufficient, the facilities can be set. A distance of 125 feet must be maintained between all production facilities (i.e. between wellbore and heater treater, wellbore and tanks, etc.) unless approved otherwise by the Forest Service. If the SUPO or PO is not sufficient and additional facilities are needed, the Operator must amend their SUPO by Sundry Notice (Form 3160-5) for federal leases or by a similar form or letter to amend their private mineral PO to adjust for additional production facility needs. All Sundry Notices must be approved by the Bureau of Land Management and Forest Service for federal leases and by the Forest Service for private minerals prior to implementation and must include needed adjustments to the Production Facilities and Reclamation Plan. Deferred Facilities Option For Federal Lease SUPO’s: If, at the time the original APD was filed, the lessee or Operator elected to defer submitting information under Section III.D.4.d. (Location of Existing and/or Proposed Facilities) of the SUPO, the lessee or Operator must supply this information before construction and installation of the facilities as described in Section D. Changes To Production Facilities. The Forest Service may require a field inspection and additional environmental analysis may also be required before approving the proposal. The lessee or Operator may not begin construction until the Bureau of Land Management/Forest Service approves the proposed plan in writing. D. Siting Production Facilities on Fill: It is undesirable to locate production facilities on fill material because of settling. However, in the event that the tank battery or heater treater(s) cannot be located on the cut portion of the pad, the fill material beneath must be compacted according to T99, Method C specifications as described in Section 204.11(c), of FP-03 Standard Specifications and Supplements for Construction of Roads and Bridges on Federal Highway Projects. T99, Method C compaction generally cannot be achieved between freeze-up through spring thaw. Therefore, siting permanent production facilities after freeze-up and prior to spring thaw will not be allowed, unless approved by the Forest Service in writing. E. Changes to Production Facilities: If the Operator plans to add or remove facilities (equipment) that involve changes in the original SUPO or PO, a detailed written statement of the


work shall be filed and approved in writing, prior to the work being started. Statements shall include attached maps, diagrams, etc., as needed.

Facility changes on Federal Leases shall be submitted on a Bureau Of Land Management Sundry Notice, Form 3160-5 and submitted to the Bureau of Land Management, who will forward it to the Forest Service. The Operator can also request an electronic Sundry Form from the Bureau of Land Management or Forest Service as an option. On private mineral estates, the Operator can submit a similar form, a North Dakota State form, or submit the request by letter directly to the Forest Service.

F. Excessive Equipment (Facilities): Facilities (equipment) not approved in the SUPO or PO or within an approved Sundry Notice, and on location, are excessive facilities (equipment) and shall be promptly removed from the location. G. Condition and Maintenance: All facilities (equipment and associated accessories) shall be functional and kept maintained to prevent resource damage or shall be promptly removed from the location. H. Changes in Operator, Company Name, or Address for Special Use Permits: The Operator must notify the Forest Service in writing no later than thirty (30) days after a sale or transfer of facilities, a company name change, or a change in address to facilitate the modification or re-issuance of Surface Occupancy Permits and/or Special Use (SU) permits associated with the well. Failure to do so may result in shut-in, cancellation, or denied use of the Special Use facilities. I. Animal Protection: All facilities shall be designed and maintained to ensure that birds, bats, and other animals cannot get into nor can be harmed from facilities and/or equipment.

09. Fences, Gates, Cages, and Cattleguards A. General: During production reclamation and final reclamation the entire disturbed location will be fenced after seeding. Once the vegetation has been re-established under production reclamation and determined to be satisfactory by the Forest Service, the fenced area shall either be reduced or the fence removed by the Operator as required by the Forest Service.

B. Cattleguard(s): Cattleguards will be a minimum HS-20 load rating if the cattleguard is part of an existing range fence or if the access road will pass through the well pad requiring two cattleguards, and must meet Forest Service standards as specified in 619 of the Standard Construction and Maintenance Specifications (Reference COA Other #37-26A1). If the cattleguard is located at the end of the road and at the pad, then the company can determine the standard. If a future road passes through the pad then the company standard cattleguard shall be replaced with a HS-20 cattleguard and “Cattleguard Ahead” warning signs shall be installed. All cattleguards will be maintained as specified in 0-619 Miscellaneous Structures of the Uniform Specifications for Road Maintenance (Reference COA Other #37-26A1) regardless of standard. Tie-in fences shall be sound and secured to the wings. Loose rails shall be welded or bolted back in place. Excess material from the cattleguard shall be removed when drainage is blocked or when it reaches six (6) inches from the bottom of the cattleguard frame. Drainage to and from the cattleguard shall be kept open. A by-pass gate will be installed as specified below with all cattleguards.


Object Markers (cattleguard safety signs) shall be installed and maintained as specified in 0-710, Traffic Services (Reference COA Other #37-26A1) and in accordance with the Manual on Uniform Traffic Control Devices, on all cattleguards. C. Pad Fences and Gates: Fences will be constructed as specified in the Other Conditions of Approval, for all fence construction within one (1) year of completion of the well. The Operator shall request from the Forest Service updated fence specifications for any fencing after the one-year period. Wires shall be tightened if loose. Broken strands of wire, damaged and/or broken posts, and damaged and/or broken braces shall be replaced. Woven wire is prohibited. Gates shall be a minimum fourteen (14) feet wide. Wire gates shall be maintained the same as a fence. Swing gates, if allowed, shall swing easily. Hinges or latches shall be repaired if not operating properly. Hinges shall be oiled. All gates shall be kept closed.

D. Road Closure Devices: All road closure devices shall be approved by the Forest Service prior to installation and shall be installed and maintained as specified in 0-710, Traffic Services (Reference COA Other #37-26A1) and in accordance with the Manual on Uniform Traffic Control Devices.

E. Cage(s): Optional cages for protecting facilities cannot be used to replace pad (perimeter) fences and/or cattleguards until the Forest Service determines that the reclamation vegetation is adequate and that the fences can be removed. All cages must be sturdy enough and installed so as to prevent livestock damage to the protected facilities.

10. Fire Prevention and Suppression Requirements Requirements are listed in the Other Conditions of Approval #37-10 and are valid for one year from final approval of this surface use plan of operations. After year one, the requirements are subject to change. It is the Operator's responsibility to know and comply with the most current #37-10 Forest Service Fire Prevention and Suppression Requirements. Failure to comply may result in immediate suspension of operations. Current requirements may be requested from the Forest Service at any time.

11. Haul Route(s) and Off Road Vehicle Travel The Operator shall limit truck traffic and personnel vehicle use to specified haul routes during the construction, drilling, and reclamation of this well so as to limit resource damage to other roads. Variances or changes must be approved in writing by the District Ranger prior to use. Off road vehicle travel is not allowed unless approved in writing by the District Ranger.

12. Lights: Outdoor Outdoor area lighting fixtures will be allowed on production facilities but may only be used when personnel are present on location.

13. Lines: Open Ended Lines, Load Lines, Vent Lines, Valves, and Catch Basins Any open-ended line or valve on any production facility (equipment or accessory) will have catch basins installed at the point of hook-up or where the line is open or beneath the valve to capture drips and spills. They shall be of an adequate capacity and securely fastened or buried to prevent being moved in the wind and shall be kept screened and promptly emptied when full. All surface line shall be painted as per the COA #17 Paint.

Load (truck) lines must terminate within the diked area unless approved in writing by the District Ranger.


Tank battery vent lines must terminate within the diked area and be designed so that no liquids can flow out of the vent lines or outside of the dikes. Secondary gas containment lines from the production tanks to the flare pit used to capture gas from the tanks and to contain minor spills. If approved, this line, whether buried or on surface, must be constructed so that all liquids flow into the pit. The flare pit must be surrounded on all four sides by an impermeable dike/berm of sufficient capacity to adequately contain the contents of one day's production. Reference also COA #5 Dikes.

14. Noise Control (Mufflers) All internal combustion engines associated with production facilities will be equipped with functional noise-reducing mufflers. The Operator must comply with any other Federal, State, County, or Municipal Laws, ordinances, or regulations pertaining to noise control.

15. Noxious Weeds and Invasive Plants The Operator is responsible for the prevention and control of noxious weeds and to minimize the spread of invasive species on the surface areas authorized under this plan and any subsequent Sundry Notices, Surface Occupancy Permits, Special Use Permits, etc., associated with this plan, and on any adjacent areas infested as a result of oil and gas operations, and shall provide prevention and control measures prescribed by the Forest Service as listed in the Other Conditions of Approval #37-15. A. Integrated Pest Management Program: The Operator must annually coordinate the noxious weed prevention and control plans, as approved within the SUPO or PO, with State or County management agencies. The plans shall be reviewed and coordinated annually. The plans may include biological, mechanical, and/or chemical treatments or a combination of all three, as defined within the 2007 Dakota Prairie Grasslands Noxious Weed Management Project.

16. Pad Construction A prework meeting/field review is required unless waived in writing by the District Ranger. The Operator will contact the Forest Service district authorized officer or engineering representative when the construction of the pad and reserve pit(s) (without liner(s)) are completed for final inspection and acceptance. Acceptance is required prior to moving equipment onto the pad.

17. Paint All above ground facilities, equipment, and accessories unless otherwise specified by the Forest Service, will be painted earth tone color (Munsell Soil Color) as checked below within six (6) months of the well completion and maintained as such to comply with the Visual Quality Objectives. Approved offsetting colors for moving parts, weights, horsehead, etc., can be either Sudan Brown (2.5Y 4/2) or flat yellow or similar approved colors. All paints must be flat. NO gloss and semi-gloss paints are allowed unless approved in writing by the Forest Service.

X or Box COLOR X or Box COLOR

Sand Beige (5Y 6/3) Desert Brown (10YR 6/3) X Carlsbad Canyon (2.5Y 6/2) Slate Gray (5Y 6/1) Sudan Brown (2.5Y 4/2) Brush Brown (10YR 5/3) Juniper Green Shale Green (5Y 4/2) Yuma Green (5Y 3/1) Covert Green

Numbers in parentheses refer to Munsell Soil Color Charts


18. Pesticide(s) Pesticide to control insects and rodents will not be used without the prior written approval of the District Ranger.

19. Pipelines, Flowlines, and Valves A. Forest Service Definition of Pipeline and Flowline: For administrative purposes, the Forest Service distinguishes flowlines from pipelines as follows:

Flowline: It is a flowline up to the point of sale or exchange of product ownership. Flowlines include but are not limited to the lines between the wellbore and tanks, the lines between the individual wellbores and a central tank battery, and the lines on lease or within a unit up to the point of sale or exchange. Pipeline: From the point of sale or exchange it is considered a pipeline, which is considered commercial and requires a Special Use Permit and is generally issued to a commercial pipeline company.

B. Permitting: Flowlines are generally approved within the federal Surface Use Plan of Operations (SUPO) or the private mineral Plan of Operations (PO). If not permitted under the SUPO or PO they can be permitted under a Sundry Notice. Flowlines located off lease may require a special use permit. All commercial pipelines are permitted under Special Uses. C. Construction: The Operator is responsible for locating and protecting existing underground pipelines and power lines. Centerline location will be staked by the Operator and approved by the Forest Service. Construction width shall not exceed fifty (50) feet. Operation and maintenance width shall be limited to twenty (20) feet. All lines shall be installed ten (10) feet from existing lines and will be buried at a minimum depth of four (4) feet below the surface. A line crossing a stream or creek shall be double cased and buried or bored a minimum of eight (8) feet below channel bed elevation unless otherwise authorized by the Forest Service. A heavier gauged (thicker walled) line may also be used for the crossing but requires prior written approval from the District Ranger. Backfill shall be compacted in one (1) foot lifts from a three (3) foot depth to the surface. Excess dirt will be windrowed or bermed over the line for settlement. Care will be taken to eliminate all potential concentrations of water on the disturbed area or to block natural drainages. Non-ferrous pipe that is not encased must have an electrically conductive wire or other means of locating the pipe while it is underground. During construction cut and fill ratios will be as follows:

Slopes Fill Cut 3:1 < 4 feet (1.3 meters) < 10 feet (3 meters) 2:1 > 4 feet (1.3 meters) 10-20 feet (3-6 meters)

< 2:1 FOREST SERVICE Approval FOREST SERVICE Approval No permanent above ground lines are allowed between the wellhead and treater, between the wellhead and tank battery, between the treater and flare pit, or anywhere vehicles would need to cross them.


D. Cattle: A minimum of three (3) pass-throughs per mile to allow cattle access to either side of the line will be provided during construction. E. Weather: All line construction activities are subject to immediate suspension during periods of wet weather. The normal wet season in this area is from March 1 to June 15. No construction will be allowed between these dates without the Forest Service's approval. During below-freezing weather, when the topsoil and subsoil are frozen solid, all construction activities will be suspended immediately unless approval to proceed has been granted by the District Ranger. If winter construction is approved, additional stipulations will be in effect which will be provided to the company by the Forest Service. F. Completion and Final Inspection: The holder will contact the Forest Service when the construction activity is completed. The Forest Service will then make a final inspection and document its acceptance or will identify the specific items, which do not meet acceptable standards. G. Within Existing Rights of Way (ROW’s): When construction or maintenance of pipelines or related facilities occurs within an existing road right-of-way (ROW), it is the Operator's responsibility to obtain prior written permission from the holder of any easement, project work agreement, special use permit, or encroachment permit on the affected portion of the road. Following construction or maintenance activities, the Operator shall return the roadway to its original condition including compacting, seeding and surfacing, if necessary. The Operator is also responsible for any future road reconstruction or maintenance needs resulting from this activity, such as compaction necessitated by pipeline settling, unless released from this liability by the holder of the applicable easement, project work agreement, special use permit or encroachment permit. H. Valves and Risers: Installation, replacement, and/or removal of valves and risers shall be approved in writing by the Forest Service prior to ground disturbance. All entry points on any culvert riser or wood structure, which allow human access to a buried line or valve(s), shall be kept closed. I. Maintenance: The Operator shall maintain lines so as to prevent and/or repair settling, washouts, erosion, and loss of vegetative cover. The borrowing of fill or replacement materials from Forest Service lands is not allowed. J. Abandonment: Prior to abandonment, the Operator shall notify the Forest Service of the need for abandonment and shall provide an Abandonment Plan, which specifies how the Operator intends to flush and/or purge the line of all products, intends to cap or seal the line, plans for removal of all surface facilities, and plans for reclamation of all disturbed areas. The Abandonment Plan shall be approved by the Forest Service prior to any abandonment work.

20. Pits A. Flare Pits: Flare pits will not be constructed in coal seams and all flare pits will be constructed with dikes so that any discharge from the flare stack will be contained within the pit. Flare pit igniters will be functional. Reference also COA #5 Dikes, and COA #13 regarding spill lines to the flare pit. The Operator must maintain vegetative and weed control on the area of operations including a (30) thirty-foot minimum bare ground area around the flare stack.


During drilling, temporary flare pits will be constructed so that all liquids flow into the pit. Pits will be diked. B. Reserve Pits B.1. Reserve Pits Prohibited and Tanks Required: This well will be drilled with a closed system and an open reserve pit is not required nor permitted. Drilling Fluid Levels: All drilling fluids and cuttings shall be contained in tanks. Fluid levels shall be continually monitored and excess fluids shall be hauled off to a proper disposal facility. Upon completion of the drilling of the well, the Operator shall remove and properly dispose of the fluids and cuttings at a State approved facility.

21. Plats: As Built As-built survey plats will be submitted to the Forest Service upon completion of all roads, flowlines, and pipelines, and will be prepared as follows: Use D.1 Special Use specifications for all Special Use As-Built Plat Requirements or use D.2 Sundry specifications for all Sundry Notice As-Built Plat Requirements. If the project is located both on-lease and off-lease, then the as-built plat will be completed as specified under D.1 Special Use As-Built Plat Requirements. Current specifications are listed in the Other Conditions of Approval #37-21 and are good for one year from completion of this well. The Operator shall request from the Forest Service updated specifications for all projects completed after the one-year period.

22. Prework Meeting(s) A prework meeting shall be held prior to any earth disturbing activities and a starting date established. This will include, at minimum, the Operator or their authorized representative, the dirt contractor, and the authorized Forest Service officer. The lead Operator is responsible for scheduling and holding this meeting in a timely manner sufficient for resolving any potential problems prior to actual disturbance. A minimum 48-hour advance notice is required. The Forest Service shall be notified in the event the established starting date is changed. The Forest Service will then determine if another prework conference is necessary. Post Prework Delays: The Operator must notify the Forest Service 48 hours prior to commencing operations or resuming operations following any temporary cessation, delay, or down time in which seven or more days has elapsed. Staking Prior to a Prework: When staking is specified, i.e. for roads, pads, and/or lines, the staking must be completed to standard prior to conducting the prework or the prework will be postponed and rescheduled at a later date. All proposed surface disturbance must be surveyed and staked including: The well location; two 200-foot (61-meter) directional reference stakes; the exterior pad dimensions; the reserve pit; cuts and fills; outer limits of the area to be disturbed (catch points); and any off-location facilities. Reference COA #26 C for Road Staking.

23. Propane Tanks Propane tanks will be painted as specified.

24. Reclamation The Operator must conduct reclamation concurrently with other operations. All reclaimed areas will be seeded with Forest Service approved native seed mixtures.


A. Prework Meeting(s): A prework meeting is required prior to implementing any reclamation work and/or plan. B. Reclamation Plan(s): Plans for surface reclamation must be designed to return the disturbed area to productive use and to meet the objectives of the land and resource management plan. Such plans must include, as appropriate: Configuration of the reshaped topography, drainage systems, segregation of spoil materials (stockpiles), surface disturbances, backfill requirements, proposals for pit/sump closures, redistribution of topsoil, soil treatments, seeding or other steps to reestablish vegetation, weed control, and practices necessary to reclaim all disturbed areas, including any access roads and pipelines. There are two required plans:

Interim (Production) Reclamation: The number of the production facilities (i.e. tanks, treaters, pumps, etc.) affects the size of the pad needed for production and the amount of the pad that can be reclaimed during production reclamation. All areas not needed for production shall be reclaimed, stabilized, and seeded until final reclamation occurs. Final Reclamation: During final reclamation the entire area including the pad and the areas reclaimed under interim reclamation shall be reclaimed, stabilized, and seeded during final reclamation.

During the prework meeting, required prior to implementing any reclamation plan, it shall be determined if the SUPO or PO adequately covers the reclamation needs. If the SUPO or PO is sufficient, the reclamation can begin. If the SUPO or PO is not sufficient and additional reclamation requirements are needed for either plan, the Operator must submit a Sundry Notice requesting modification to the SUPO and pertinent Reclamation Plan or a similar notice to modify the PO and pertinent reclamation plan. All notices must be approved in writing by the Bureau Of Land Management/Forest Service for federal leases and by the Forest Service for private minerals prior to implementation. C. Reserve Pits: All reserve pit reclamation shall be completed within six months. Solidification: Muds and cuttings will be solidified in place and buried as specified below. The Operator shall take all precautions so as to minimize damage to the pit liner when mixing in the ash and/or cement. Class C fly ash and/or cement are the only two materials approved for solidification. No fluid evaporation chemicals are allowed. Use of any other material must be approved in writing by the District Ranger prior to use. Burying: As a general guideline under normal weather conditions, the six (6) month timetable will allow two (2) months for the mud to settle in the reserve pit, two (2) months for backfill settling upon pit closure, and two (2) months to complete final recontouring and top soiling. Pits will not be allowed to air dry or evaporate. The muds and cuttings must remain within the pit liner with a minimum of four (4) feet of fill or cap over the muds and cuttings. The allowable distance between the top of the muds and cuttings to the top of the liner depends upon the amount of backfill material that will be replaced over the pit during reclamation. The amount of backfill material is determined from the cut and fill plats at the lowest point of the backfill.


The following chart provides a guideline for determining the minimum allowable depths for muds and cuttings.

If The Amount of Fill In Feet At The Lowest Point

Is:

Then The Muds and Cuttings Must Be The Following Minimum Distance From The Top

Of The Liner:

Mitigation Required

Less Than 0.5 Feet 4 Feet 1 Foot Mound 0.6 to 1.5 Feet 4 Feet 1.6 to 2.5 Feet 3 Feet 2.6 to 3.5 Feet 2 Feet

Greater Than 3.5 Feet 1 Foot For those pits that are located on flat terrains and will have less than 0.5 feet of fill over top, the pit area is to be mounded with a minimum one (1) foot mound to prevent the settling or puddling of water on top of the pit area.

D. Contouring: All earth cut or fill slopes favorable to vegetation or other areas on which ground cover is destroyed in the course of construction, reconstruction, or heavy maintenance will be reclaimed and revegetated. All slopes and contours will be shaped and smoothed near the original contour. Care will be taken to eliminate all potential concentrations of water on the disturbed area. E. Water Bars: After contouring, water bars will be constructed at approximately the following intervals:

% Slope Water Bar Intervals - Feet 0-2 200 2-4 100 4-5 75 +5 50

Waterbars should spill water to the opposite sides of the disturbed area to avoid concentration of water and should extend at least five (5) feet beyond the disturbed area. Waterbars should not be constructed in locations that will cause water to drain on fill slopes. F. Winter Freeze-up: In the event of winter freeze-up, reclamation will be put on hold as determined by the Forest Service. G. Contaminated Soils: Upon request, the Operator shall test areas that have been subject to previous spills and/or saturation from wastes to determine hydrocarbon and salt concentrations, chemical additives, minerals, and/or other substances as necessary. Test results will be made available to the Forest Service. Contaminated soils shall be promptly treated prior to any reclamation. Treatment methods and/or plans must be approved prior to treatment. H. Topsoil: It is advantageous to the Operator to conduct a joint site survey in advance, with the Forest Service, to determine all available topsoil quantity. Topsoil shall be stripped where disturbance will occur and be deposited in a pile apart from other excavated material to reduce potential mixing with subsoil material. After the desired amount of material has been removed, and the resulting slopes and ditches (cuts and fills) have been shaped and smoothed as required, the stockpiled topsoil shall be evenly spread over exposed subsoil to the extent practicable. During production reclamation, not all topsoil may be used. Excess topsoil is to be piled, seeded and protected until final reclamation occurs. Excess topsoil will not be removed from the site for


any other uses. When final reclamation occurs, the topsoil used during production reclamation will be stripped and used with the excess topsoil for final reclamation. Topsoil shall not be stripped from the general construction right-of-way for pipelines and/or flowlines. Topsoil shall be stripped from areas requiring excavation for level working surface such as side slopes and creek crossings. During final reclamation, if the site is short of topsoil, the Operator shall import an adequate amount of certified weed seed free clean topsoil to meet the reclamation requirements. A written certification report shall be submitted to and approved by the Forest Service prior to use. I. Roads: During construction after grading is completed and before applying revegetation measures, areas to be revegetated shall be raked or otherwise cleared of sticks, stumps, stones, and other debris, which might interfere with sowing of seed, growth of grasses, or subsequent maintenance of grass covered areas. If any damage by erosion or other causes occurs after the completion of grading and before beginning the revegetation work, the Operator shall repair such damages. This shall include filling gullies, smoothing irregularities, and repairing other incidental damage. Immediately in advance of the seeding, any crusted surface shall be scarified at right angles to the slope plane. J. Pipelines and Flowlines and Trenched Electric Lines: Pipeline and/or flowline and/or trenched electric line reclamation outside the Area of Operations must be completed by the end of the next suggested seeding or planting season. As a general guideline under normal weather conditions this timetable will allow adequate time for the line and berm to settle. The line shall then be reworked to repair erosion, settling, washouts, gullies, etc. The berm shall be reduced and spread to blend with natural contours, and the area seeded with native seed. K. Time Frames for Completing Reclamation: 1. Well Sites Constructed and Not Drilled: If this oil well site is constructed and not drilled, the site and access road must be reclaimed, or Forest Service approved special erosion control measures implemented within ninety (90) days of site construction, unless otherwise approved in writing by the District Ranger. 2. Producing Wells: If this well is a producer, all production reclamation must be completed within six (6) months and in conjunction with the Production Facilities Plan. 3. Well Drilled and Temporarily Abandoned or Shut-in: If this well is drilled and then temporarily abandoned or shut-in after drilling, production reclamation must be completed within six (6) months. 4. Dry Hole Well(s) Drilled and Plugged and Abandoned: If this well is a non-producing well upon completion of drilling, the entire location and access road must be reclaimed within six (6) months. 5. Plugged and Abandoned (P&A'd) Well: For all previously producing, injection, disposal, and/or other wells that have been plugged and abandoned, the entire location, related facilities, and access road must be reclaimed within six (6) months of plugging. 6. Deepen, Re-drill, Etc.: If this well is re-entered for the purpose of deepening or redrilling or other downhole work which requires a new reserve pit and/or re-entry into the existing pit, the pit and the reclaimed portions of the pad re-disturbed, and all production reclamation must be completed within six (6) months and in conjunction with the Production Facilities Plan.


7. Re-entries of P&A’d Well Bores On Existing Pads: If this well bore is re-entered (entering a plugged and abandoned well bore) on an existing non-reclaimed well pad, the new pit and the reclaimed portions of the pad re-disturbed, and all production reclamation must be completed within six (6) months and in conjunction with the Production Facilities Plan. 8. Pipelines and Flowlines: Pipeline and/or flowline reclamation must be completed by the end of the next suggested seeding or planting season. 9. Special Use Roads: Upon the plugging and abandonment of the well, all associated special use roads shall be obliterated and reclaimed within the same timeframes as the well site unless otherwise approved in writing by the District Ranger. 10. Ancillary Facilities and Tank Batteries: Any related ancillary facility or off site tank battery shall have all facilities removed and the site reclaimed in the same timeframe as the related well. If the site is no longer joined with a well, the site will be reclaimed within six (6) months upon completion of use or notification from the Forest Service unless otherwise approved in writing from the District Ranger.

L. Time Frames for Releasing Reclamation: Generally most sites can be released within five to seven (5-7) years of seeding. However, this is dependent upon three variables: adequate moisture; achieving vegetative cover that is representative of the seed mixture and 70% of the surrounding area; and achieving a minimum of three consecutive growing seasons without disturbance and/or damage. It is important to maintain all fences and gates to keep livestock out of the reclaimed area.

25. Rig Release and Stacking The Operator shall notify the District Ranger of the drilling rig release date within two (2) working days of that date. The drilling rig shall be removed from the location within thirty (30) calendar days of the completion of drilling.

26. Road(s) A. Road Specifications: The access road will be constructed and maintained in accordance with the Road Plans approved by the Forest Service prior to construction. Components of the Road Package are specified in Other Conditions of Approval #37-26. The Operator will provide the dirt contractor with a copy of the latest revision of FP-03 Standard Specifications and Supplements for Construction of Roads and Bridges on Federal Highway Projects along with a complete set of approved road plans. Construction operations may be suspended if the dirt contractor fails to have these documents on site. B. Inspection and Acceptance: The Operator will contact the Forest Service engineering representative when the construction activity is completed and prior to road surfacing for a subgrade inspection and acceptance. Subgrade acceptance is required prior to surfacing and moving equipment onto the location. C. Staking: All designed sections will be construction staked to ensure compliance with the survey and design. Cut and fill stakes are to remain in place until final inspection. Stakes must then be removed by the contractor. Survey stakes are not to be broken off at ground level with ends left in the ground.


D. Winter or Freeze-up Conditions: In the event that construction activities will occur during frozen ground and/or winter conditions, the Forest Service may modify the construction requirements to provide access and minimize environmental damage. In those cases, the road will be completed to final standards within the next six (6) months. Snow and/or ice will not be incorporated into embankment or be placed to cause damage. E. Surfacing: The taking or borrowing of clinker/scoria or gravel from Forest Service lands for construction and/or maintenance is not allowed.

1. Gravel must be proven to be free of the mineral erionite through testing procedures established by the North Dakota Department of Health and used by the State Department of Transportation. Test results must be submitted to this office prior to the use of gravel on any surface.

F. Disposal: Upon plugging and abandonment of the well, the Operator will notify the Forest Service for a final determination of whether the road is to be retained by the Forest Service or reclaimed by the Operator. Roads retained by the Forest Service must meet approved road construction standards. Upon acceptance of the road, liability for the road would be transferred from the Operator to the Forest Service.

G. Maintenance: The Operator is responsible for maintaining all permitted roads as per the Maintenance Specifications listed under COA #37-26A1. If the road segment(s) are included within a road maintenance agreement, the Operator shall cooperate with the maintenance group and contribute to the maintenance and improvement of all included roads. 27. Safety The Operator shall maintain structures, facilities, improvements, and equipment in a safe and neat manner and must take appropriate measures to protect the public from hazardous sites or conditions resulting from the operations.

28. Seed Mixtures and Seeding Seeding shall be accomplished as agreed to in the SUPO or PO reclamation plan(s). A. Mixtures: The native seed mixture listed in Other Conditions of Approval, shall be used for seeding all reclamation work completed within one (1) year of completion of this well. The Operator shall request from the Forest Service updated seed mixtures for any seeding accomplished after the one-year period. Approved cover crops are included within the native seed mixtures. B. Report of Seeding and Certification: The mixture shall be lab tested to identify the noxious and invasive weed seed present and certified weed free by the Seed Company. A copy of the certification including the purity and viability of the seed mix shall be supplied to the Forest Service prior to planting. Upon completion of the planting, a Report of Seeding (COA Other #37-28B) from the Operator or the seeding contractor shall be submitted to the Forest Service verifying that the seeding is completed. C. Seeding and/or Planting Dates: The best success rates for seeding or planting are normally from the end of spring thaw to May 15 or from October 1 to freeze-up. Seeding will be repeated annually until such areas are accepted in writing by the District Ranger as being satisfactorily revegetated (3-5 years average but may take longer) and stabilized. D. Seeding Methods: Seeding shall be completed with grass seeders or small rangeland drills. Large grain drills are not allowed. Rangeland drills are designed to seed the larger diameter


seed and seed mixes that are uniform in size. Rangeland drills should be and typically are equipped with a broadcast (dribble) box that drops the smaller diameter seed if applicable, onto the surface. A drag implement attached will provide a light soil cover over the small diameter seed. All planting will be parallel to contours and use of criss-cross patterns to prevent erosion. Broadcast seeding, by hand or by hand held seed spreaders or with ATV mounts are allowed only on areas where it is too steep for drill equipment. When broadcast seeding, twice the normal seed mixture rate will be used. Areas broadcasted shall be raked or dragged to ensure a minimum of half-inch soil coverage over the seed. E. Seed Beds: The seedbed should be thoroughly worked, firm, and free of clods. Drill row spacing should be about two (2) inches. Seeding depths vary from ¼ to ½ inch deep and should be no deeper than one half (½) inch. Seeding deeper than one (1) inch will result in a poor stand. F. Mulches: A variety of mulching techniques may be required on disturbed slopes to hold seed. These sites will be mulched using certified weed free clean straw or native grass hay. Mulching should not include native hay unless livestock have been excluded from the hayed site. G. Geotextiles: Seed and soil blankets, known as erosion control fabric and/or other names, may be used to stabilize disturbed areas. H. Fertilizers: Fertilizers may be used with prior written approval from the District Ranger.

29. Signs All signs shall be approved by the Forest Service prior to installation and kept maintained in accordance with the Manual on Uniform Traffic Control Devices.

A. Well Sign: The Operator shall install and maintain a legible and durable well sign showing the well number, name of Operator, lease serial number, surveyed location (quarter/quarter, section, township, range). The sign shall be legible under normal conditions at a minimum distance of fifty feet (15.24 meters). B. Signs Other: All other signs shall be approved by the Forest Service prior to installation and kept maintained in accordance with the Manual on Uniform Traffic Control Devices. C. Markers: All markers such as dead-man anchors, pipeline, etc., shall be kept maintained and painted as specified. D. Reclamation Sign: Upon completion of the final reclamation and fencing of the site, the well sign or a similar type of sign shall be installed on or near the fence or gate at the point where the access road would have entered the pad. The sign requirements are the same as for the well sign. E. Hydrogen Sulfide (H2S): The Operator shall provide on- and off-site signs warning of the dangers of hydrogen sulfide around developed oil production sites that have the potential to produce H2S.

30. Storage Yards and Field Offices A. Storage (Bone) Yards: Bone yards or areas of storage must be approved by the District Ranger and shall be maintained in the same manner as the Area of Operations.


B. Field Offices: Field offices must be approved by the District Ranger and shall be maintained in the same manner as the Area of Operations.

31. Survey Monuments The Operator shall protect, in place, all public land survey monuments, private property corners, and Forest Service boundary markers. In the event that any such land markers or monuments are destroyed in the exercise of their rights, depending on the type of monument destroyed, the Operator shall see that they are reestablished or referenced in accordance with (1) the procedures outlined in the "Manual of Instructions for the Survey of the Public Land of the United States", (2) the specifications of the county surveyor, or (3) the specifications of the Forest Service.

32. Vegetative Control To help prevent the spread of fire, spills, and noxious weeds, the Operator must keep the Area of Operations bare of all living and/or dead vegetation. A combination of both mechanical and chemical methods may produce the most effective results. A. Mechanical Methods: Includes, but is not limited to, hand pulling, burning, use of drags, disks, etc. Burning requires prior approval. B. Chemical Methods: Includes ground application of herbicides and requires Forest Service approval prior to application. Specifications for herbicide use and control are listed in the Other Conditions of Approval #37-32B. A copy of the approved herbicide use must be present on the site during the application of any herbicide. Failure to produce a copy of the SUPO or PO may result in immediate shut down of operations.

33. Wastes A. Trash, Garbage, Junk, Debris, Etc.: During drilling, portable dumpsters will be used for all trash. All trash will be hauled off site; no burning or burying will be allowed. No trash will be disposed of in the reserve pit. Doors, covers, and/or lids will be kept closed. During production of the well, all debris, garbage, trash, junk, etc., shall be removed from the site and properly disposed of. Containers used to store garbage shall have adequate covers and will be promptly emptied. B. Sewage: During drilling, sewage will be disposed of and/or treated according to County and State requirements in portable chemical toilets and/or approved facilities as specified in COA Other #37-33B. C. Production Fluids: During drilling, testing, and establishing production, all fluids shall be contained in the reserve pit and/or tanks. Any spilled fluids from the tanks must flow into the reserve pit. Tanks will not be placed on topsoil stockpiles. Other drilling wastes such as rig wash, manifold drips, etc., shall also be piped or trenched to the reserve pit. All reserve pit fluids shall be properly disposed of in a state approved disposal facility. D. Equipment Fluids: Motor oil, hydraulic fluids, brake fluids, antifreeze, etc. will be properly disposed of off Forest Service lands. Disposal of these types of fluids in the reserve pit(s) is prohibited. Soils contaminated by these fluids shall be treated as specified in subsection E. E. Leaks, Spills, and Other Undesirable Events: It is the Operator's responsibility to know and comply with the most current Forest Service spill reporting and containment requirements.


Current requirements are listed in the Other Conditions of Approval and/or Notice to Lessee: NTL-DPG-98-1. All spills (any soils saturated from oil, water, or chemical during any operational activity including but not limited to drilling, completion, production, transporting, work-over, etc.) or pipeline breaks shall be promptly contained, reported as specified below, and then promptly treated. Cleanup operations will be reviewed and approved by the Forest Service prior to clean up with Forest Service recommendations for action followed. Soils contaminated and/or saturated as a result of a spill will not be buried or reburied as a means of treatment or disposal. Areas that have been subject to previous spills and/or saturation may have to be tested for hydrocarbons and salt concentrations prior to final reclamation. Upon request, the Operator shall employ the services of a Forest Service approved independent testing lab to collect and conduct the testing.

34. Water A. Control and Drainage: The Operator shall control water run-off so as to control soil erosion and prevent damage to facilities. During the production phase of the well, drainage ditches will be established and maintained on the pad to divert water away from the reserve pit and off the area of operations. Standing water and/or puddles will not be allowed. Adequate clinker/scoria or gravel will be used on the area of operations to prevent muddy or soft ground conditions causing vehicles to rut or sink. The taking or borrowing of clinker/scoria or gravel from Forest Service lands is not allowed. Pad drainage devices such as valves, pipes, etc., will not be allowed. Pad drainage is at the discretion of the Forest Service and prior written approval is required. Upon request the Operator will provide the Forest Service Officer with water sample testing results. B. Water Supply: The borrowing or taking of water from Forest Service lands for use during any phase of construction, drilling, operations, or maintenance is not allowed unless approved as part of the SUPO or PO. C. Water Supply Wells: All water wells approved in the SUPO or PO shall be kept maintained, functional, and protected. The Forest Service reserves the option to assume responsibility of the water well at the time the site is abandoned. The water well will not be plugged and abandoned until that determination has been made.

35. Wildlife and Livestock No harassment of wildlife and livestock. Notify the Forest Service if livestock need to be moved.

36. Wind Direction Indicator A functional Wind Direction Indicator (windsock or compatible) is required on all locations and must be placed on the tank battery so it is visible from everywhere on the location.

37. OTHER CONDITIONS OF APPROVAL DEVELOPED FROM THE ENVIRONMENTAL ANALYSIS

37.02A: All mitigation must be compatible with environmental protection measures for the federally Threatened Dakota skipper. 37.02B: Vehicles and equipment used for construction must be cleaned prior to entering the

National Grassland to remove all seeds and plant propagules (seeds and vegetative parts that may sprout) to prevent the potential spread of noxious weeds and invasive species.


37.02C: Disturbance needs to be kept to a minimum to reduce impacts to suitable sensitive species habitat and native vegetation communities in general, and also to reduce the spread of invasive species. 37.02D: A Forest Service approved native seed mix needs to be used for reclamation, and

monitored to ensure successful establishment. 37.02E: If invasive species are found where the surrounding area is mostly dominated by native

species, the invasive species sites need to be treated, and if necessary, reseeded. 37.02F: If noxious weeds are found anywhere, they need to be treated, and if necessary, reseeded. 37.02G: Any discovery of sensitive or watch plants that would be adversely affected by the project need to be reported to the McKenzie Ranger District office. Sensitive plant populations discovered after project approval should be protected; therefore, last minute alterations of the project design or access route may be requested to avoid negative impacts to such populations. 37.08A1: Range Water Distribution Systems. 37.08D: Siting of Production Facilities on Fill (Revised 1/10/2008). 37.09C: Fence Construction and Maintenance (Revised 5/7/2007). 37.10: Fire Prevention (Revised 1/28/2016). 37.15: Noxious Weeds (Revised 5/7/2007). 37.19E: Winter Construction of Pipelines and Flowlines (Revised 5/7/2007). 37.21: Plats (Revised 5/7/2007). 37.26: Roads Package (Revised 5/7/2007). 37.28A: Seed Mixture (Revised 7/18/2013). 37.28B: Report of Seeding (Revised 5/7/2007). 37.32B: Vegetative Control (Revised 5/7/2007). 37.33B: Sewage Wastes (Revised 5/7/2007). 37.33E: Spill Policy (Notice To Lessee 11/05/1998). 37.35A: If the project is planned for implementation between February 1 and July 31st of any subsequent year, an additional raptor survey is required. Notify the Forest Service Wildlife Biologist prior to conducting the survey as this COA may be waived. 37.35B: No removal of trees greater than 3 diameter at breast height also called DBH from April 1 through September 30 of the construction year.

#37-08A1: Range Water Distribution Systems (Revised 1-2009) Existing Facilities and Improvements: The Operator shall protect, in place, all existing range water facilities and/or improvements; pipelines, stock tanks, valves, drains, etc.; and shall repair or replace any damage as a result of actions or operations from this facility. All repairs or replacements will be done in accordance to the Dakota Prairie Grasslands Standard Specifications for Construction of Range Water Distribution Systems (10/2007) and will not take place until approved by the Authorized Officer. A minimum buffer of ten (10) feet will be needed from all range water systems to allow for safe maintenance of these systems. If this buffer is not possible, the Operator is responsible for relocating the range facilities, at their expense, in coordination with Forest Service personnel. In the case where a range water facility is intercepted during construction, the Operator will immediately contact the Forest Service and a meeting will be scheduled to develop a plan of action to conduct repairs or replacements. If the action taken on a range water facility results in the interruption of water that is needed by the grazing permittees the Operator is responsible for providing an alternate source of water until the range water facility has been returned to service. In this case the Operator will work with the Forest Service to determine where the water source will be located, the point and method of delivery, roads and trails that will be used, etc.

37.08D Siting of Production Facilities on FillIf production facilities, such as the tank battery, treater, or flare pit, have to be located onthe fill portion of the well pad and the well pad is constructed between winter freeze-up andspring thaw or consists of material that will not meet T99, Method C compactionspecifications, the area beneath the facilities will be lined with a 300 PSI liner that is boundbelow and above with commercial bentonite or natural bentonite clay, as illustrated below.

A A'

WELL PADPLAN VIEW

TREATER

Cut 10' Cut 5'

Fill 7'Fill 10'

CUTFILL

A A'

FILL MATERIAL

Well Pad Cross Section

1 Ft of Clay1 Ft of Clay

Plastic Liner (300 PSI)Surface

Dike SurfaceDike

Base MaterialCement Base for Treater


#37-09C Standards for Oil and Gas Fences, Braces, and Gates (Revised 05/07/2007)

General: Oil and gas pad and/or reclamation fences are designed to protect livestock, wildlife, vegetation, soils, and production facilities. Fences will be 4 strands, 12½ gauge (minimum) barbed wire with horizontal design corner and line braces. Steel posts will be used in the fenceline where terrain is fairly level. On slopes greater than 2:1 (50% slope) there will be 1 wood post for every 3 steel posts. Gates (14 feet minimum) are required. Braces

Corner Braces: will be installed whenever a horizontal change in fence direction occurs. Corner braces will consist of 3 upright posts and 2 horizontal poles. Corner braces for segments on slopes 2:1 or greater, will consist of 5 upright posts and 4 horizontal poles. Line Braces: will be installed when vertical changes occur. Line braces will consist of 2 upright posts and 1 horizontal pole. Gate Braces: Gate braces will consist of 2 upright posts and 1 horizontal pole on each side of the gate. Gate sticks will be wooden, round, and a minimum of 2 inches on the small end. Smooth wire will be used for all bales on the ground posts, as well as the loop for opening the gate. Upright Posts (wood): All upright brace posts will have a minimum diameter of 6 inches and a minimum length of 8 feet and shall be set at a minimum depth of 42 inches and tamped firmly. Fill is to be tamped in 6 inch lifts. Horizontal Poles: All horizontal wooden brace (poles) will be a minimum diameter of 4 inches and a minimum length of 8 feet. Brace Wires and Twists: Number 9 smooth wire will be used between brace posts and twisted tight, leaving a twist stick (wood, rod, or pipe) inserted in the center of the twist. Twist sticks will be 18 to 24 inches in length.

Wires and Spacing Barbed Wire: The barbed wire will be a minimum 12½ gauge. Wire must be taut with due consideration for contraction and expansion. Wire should never be kinked or nicked. Staples should hold the wire close to the post. No more than ¼ mile of wire is to be stretched at one time. Dead end on corners and gates on the end of the brace opposite from direction of pull with wire ends wrapped around posts twice and twisted back on stretched wire. Barbed wire will not be used for purposes other than the top 3 main strands. Smooth wire of the same gauge shall be used for the bottom strand. Barbed Wire Spacing: Wire spacing from the ground up will be: 1st strand (smooth) at 16 inches, 2nd strand at 22 inches, 3rd strand at 28 inches, and 4th strand at 40 inches. Depressions: Where fences cross depressions, extra wires may be needed. Wires crossing depressions shall be weighted down with rocks and tie-downs to take the strain off the staples and posts. Smooth Wire: Excluding the 4 main strands and the 4 strands on individual gates, #9 smooth wire will be used for all other wire needs including but not limited to braces, gates, anchors, etc.

Fence (Non-Brace) Posts: All posts will be in a straight line between stretch stations or brace sections and spaced 16½ feet apart. Fence post height is 48 inches excluding braces. Wood posts will be a minimum length of 6½ feet and a minimum diameter of 3 inches at the small end and firmly set a minimum of 30 inches in the ground. Steel posts will be set at a depth so that the anchor plates (flanges or fins) will be at least 3-4 inches below ground surface.


#37-10 Fire Prevention & Suppression Requirements (Revised 01/28/2016) A. General: A Holder is defined as the Permittee (permit holder), or Lessee and/or Operator and their representatives, employees, workers, contractors, and subcontractors.

1. Compliance to the stipulations in this exhibit shall not preclude the Holder from complying with any other Federal, State, County, or municipal laws, ordinances, or regulations pertaining to fire prevention and suppression.

2. The Fire Season for the Medora and McKenzie Ranger Districts normally will be from April 1 to October 31 of each year. If conditions warrant, the District Ranger may begin or extend the fire season as deemed necessary. The District Ranger may also amend, add, or delete any requirement as deemed necessary, and prudent given state of fire risk.

3. It is the Holder's responsibility to obtain and know the daily Fire Danger Index and fire restrictions on or near the lands to be occupied under an approved authorization. For information on Fire Danger Index and fire restrictions contact local fire officials, the North Dakota Forest Service, Bismarck National Weather Service, or the North Dakota Division of Emergency Services.

4. To the extent practicable, the Holder, their employees, contractors, and subcontractors, shall take measures to prevent uncontrolled fires on the area of operations resulting from the operations. Self-inspections are encouraged.

5. The Holder shall promptly report all fires, regardless of size, to 1) the local fire department and 2) the Forest Service office. The Holder is responsible to submit a complete written follow-up Fire Report within 24 hours of reporting a fire.

6. The Holder, and if applicable, the applicable lessees and transferees are jointly and severally liable in accordance with Federal and State laws for indemnifying the United States for: (a) Injury, loss or damage, including fire suppression costs, which the United States incurs as a result of the operations; and (b) Payments made by the United States in satisfaction of claims, demands or judgments for an injury, loss or damage, including fire suppression costs, which result from the operations.

B. Fires: With the exception of approved facilities, no open fires (fires for warming, burning wastes, brush disposal, debris, etc.) are allowed unless approved in writing from the District Ranger. C. Oil & Gas Production Facilities: A thirty (30) foot minimum bare ground buffer zone shall be maintained around any facility (equipment and/or accessories) capable of producing a flame. Examples include but are not limited to heater-treaters, separators, line heaters, etc. The 30 foot buffer for flare stacks and flare pits originates from the center of the stack or flare pit igniter. D. Smoking: All smoking will be done inside of vehicles or in areas cleared of flammable material when the "Fire Danger" is “Very High” or “Extreme”. E. Fireworks: Fireworks are prohibited on public lands. F. Exhaust & Arrester Systems: Each internal combustion engine shall be equipped with a manufacturer’s approved or equivalent spark arrester or spark arresting device or system. Heavy-duty trucks may have a vertical stack exhaust system with muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters and other devices shall be properly installed and maintained. G. Catalytic Converters: The Holder shall take extra precautionary measures when driving off-road with vehicles equipped with catalytic converters. Such measures shall include but are not limited to: avoiding driving over or

through vegetation tall enough to come into contact with the converter, avoid parking in vegetation tall enough to come into contact with the converter, and keep all debris from building up around or on the exhaust system. H. Chainsaws: The sawyer shall have a shovel and a fire extinguisher, containing not less than eight (8) ounces of extinguisher fluid or a dry chemical powder type of not less than one (1) pound capacity. The sawyer shall carry the extinguisher at all times. All refueling shall be done on bare soils. Chainsaws will have a manufacturer approved or equivalent spark arrester. I. Required Fire Suppression Equipment: Any vehicle and/or piece of equipment used off-road will be equipped with an operational, charged fire extinguisher with a minimum 2 ½ pounds capacity and 4 BC or higher rating; a shovel (round point #0 or equal); and a 5-gallon backpack container with a hand pump attached, to be filled at all times. J. Welding: Welding and use of cutting torches or cutoff saws will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum ten (10) foot radius of all welding and cutting operations or fireproof welding blankets used. When the "Fire Danger" is in the “High” category or above, each welding crew will have available in the immediate working or project area 1) A mix of the required fire suppression equipment and 2) A ground tanker of not less than three hundred (300) gallon capacity with a pump capable of pumping twenty (20) gallons per minute at a minimum of forty (40) pounds per square inch (PSI) and not less than one hundred (100) feet of hose. When “Fire Danger” is in the “Very High” or “Extreme” category and a Red Flag Warning is issued no welding is permitted. K. Fire Suppression Plan: Upon request from the District Ranger, or when required by regulation, the Holder shall submit a Fire Suppression Plan to be included as part of the Permit Package or Plan of Operations. L. Failure to Comply: Failure to comply may result in the immediate suspension of all or portions of the operations.


#37-15 Noxious Weed Prevention and Control (Revised 05/07/2007) The following are prescribed prevention and control measures when used in conjunction with other measures will help the Operator meet their responsibilities in preventing and controlling noxious weeds and/or exotic plants as identified by the North Dakota State Department of Agriculture, individual Counties, and within the 2007 Dakota Prairie Grasslands Noxious Weed Management Project.

Integrated Pest Management Program

The Operator must annually coordinate the noxious weed prevention and control plans, as approved within the SUPO or PO, with State or County management agencies. The plans shall be reviewed and coordinated annually. The plans may include biological, mechanical, and/or chemical treatments or a combination of all three.

Existing Weeds

1. Annual treatment is required if noxious weed species are present.

Construction and Drilling Equipment 2. Remove all mud, dirt, and plant parts from all off road construction and drilling equipment before

moving into the project area. If this equipment was recently used on a weed infested site it should be thoroughly cleaned with a pressure washer. Cleaning must occur off National Forest System Lands. This does not apply to service vehicles that will stay on the roadway, traveling frequently in and out of the project area. Likewise, all equipment must be cleaned prior to leaving the project site if operating within infested areas.

New Construction and/or Reconstruction

3. Areas infested with noxious weeds, which will be disturbed during the construction process, should be chemically treated during the normal growing season with herbicides a year prior to disturbance. If this is not possible the infestations should be treated at least two to four weeks prior to disturbance.

4. Excavated topsoil infested with noxious weeds species shall be stored separately from other topsoil and periodically treated with herbicides if sprouting of either is detected.

5. Keep construction sites closed to vehicles not involved with the construction until construction and revegetation is complete.

6. If straw is used for road stabilization and erosion control, it must be certified weed free.

Borrow Materials (Scoria, Gravel, Dirt, Manure, and Topsoil) 7. It is the Operator’s responsibility to obtain borrow materials from pits or sites that have been

inspected and certified as weed free sites by the McKenzie County Weed Board or other individual County Weed Board, and approved by the Forest Service prior to use.

8. Certification shall be in writing and shall include the quarter/quarter, section, township, and range, and the name and address of the surface owner. If the operator is in doubt as to whether a site has been inspected and certified, the Operator may request the McKenzie County Weed Board, another individual County Weed Board, or the Forest Service to inspect and certify the site.

9. If weeds are present at the borrow storage pile site, they must be treated before transport and use. 10. It is in the Operator’s best interest to help maintain regularly used sites as weed free.

Road Maintenance 11. Do not blade roads or pull ditches where noxious weeds are found. 12. Coordinate road maintenance activities with herbicide application to maximize efficiency.

Road Obliteration 13. Chemically treat infested roads prior to obliteration and reclamation.


Road Obliteration 14. Noxious weeds and exotics should be sprayed prior to reclamation of the site and during the

monitoring of the site until released. Use caution not to use herbicides that will have a detrimental effect to any seeding requirements.

Chemical Treatment

15. Reference COA Other #37-32B for the guidelines regarding the application of herbicides. Monitoring

16. The Forest Service shall perform annual inspections to monitor the effectiveness of treatments. The Forest Service will also take the lead in identifying any new noxious weed occurrences in cooperation with the local McKenzie County Weed Board and the Operator.

05/07/07 COA Other #37-19E, Winter Construction of Pipelines, Page 1 of 1

#37-19E Winter Construction of Pipelines and Flowlines (Revised 05/07/2007)

Construction Method 1. The Winter Construction Period will be considered to be in effect when any of the

following conditions occur: a. The ground is frozen and plating of topsoil occurs. b. Equipment slippage from operating on frozen ground results in scalping into plant root

systems. c. Road crossings cannot be adequately compacted. (During early freeze-up, frost levels

are normally deeper in roads than in surrounding areas.) d. Topsoil is frozen and cannot be separated from sub-grade material in areas requiring

right-of-way work. e. The backfill material freezes to the extent that adequate compaction becomes difficult. f. Reclamation of the entire right-of-way to Forest Service standards becomes difficult.

2. Trenching is the only acceptable method for winter construction. Plowing during frozen ground conditions results in unacceptable surface impacts.

3. The compaction method requires Forest Service approval prior to construction. 4. Snow is to be removed from the area of stored backfill material prior to trenching. Snow is not

to be mixed in with backfill material. 5. The allowable trench width depends on the compaction method. This will normally be 8, 10, or

12 inches. Narrow trench widths do not permit adequate compaction. 6. No open trench will be left at the end of each day except for the short span necessary to start

from the next day. 7. Cutting of roads is limited to trenching and boring machines. Backhoes dig frozen material up

in chunks and adequate compaction cannot be obtained. Backhoes are allowed at tie in points, rocky areas and when crossing other lines.

8. All construction activities are suspended during periods of winter thaw.

Rehabilitation: Minimum rehabilitation will include but not be limited to the following:

9. Clean all major drainages. This includes opening CMP. 10. Install water bars at anticipated problem areas.

05/07/07, COA Other #37-21 As Built Plats, Page 1 of 1

#37-21 Plats: As Built (Revision 05/07/2007) As-built survey plats will be submitted to the U.S. Forest Service upon completion of all roads and pipelines, and will be prepared as follows:

• Use D.1 Special Use: for all Special Use As-Built Plat Requirements

• Use D.2 Sundry: for all Sundry Notice As-Built Plat Requirements Note: If the project is located both on-lease and off-lease, then the as-built plat will be completed as specified under D.1 Special Use As-Built Plat Requirements. No exceptions. Note: SIZE OF PLAT: 8 ½ Inch x 11 Inch. If larger size is necessary, holder will be responsible for providing full size and/or reduced copies. Multiple page plats are preferred over reduced sheets. Minimum requirements for Linear R-O-Ws including road, pipeline, powerline and underground cable plats on National Forest System lands:

ITEM D.1 Special Use

D.2 Sundry

Size of Plat 8½ X 11 Inches Yes Yes Title Block Name of Project Yes Yes Kind of Use Yes Yes Size and Type of R-O-W (example 2 Inch gas pipeline) Yes Yes Material (steel, plastic with tracer wire, etc.) Yes Yes Origin and Destination (for pipelines) Yes Yes Depth of Line Yes Yes Name of Applicant/Holder Yes Yes Name of Preparer Yes Yes Date Yes Yes Bar Scale (1 Inch = 2000 Feet minimum) Yes Yes Drawn by (name) Yes Yes Signed, Sealed, and Dated by Licensed Engineer or Surveyor in the State of ND Yes Yes Approval Block: See Below Yes Yes Vicinity Map: Minimum ½ Inch=1 Mile (example Forest Map) Yes Yes Plat Shall Show Basis of Bearing Yes Legend Explaining any Symbol Yes Yes Sections, Township, Range, Meridian, North Arrow Yes Yes R-O-W Centerline Description and Stations and Stations at PI’s (metes and bounds, etc.)

Yes

Property Boundaries and Land Ownership Along the R-O-W (Private, State, Forest Service and other Federal Agencies)

Yes Yes

Adjacent existing improvements within 50 feet of centerline. Parallel R-O-W’s need only be shown every ¼ mile (i.e. fences, pipelines, trails, roads, etc.).

Yes Yes

R-O-W Width and Length Yes Yes Length of Line on Forest Service by Section Yes Yes Total Acres on Forest Service by Section Yes Yes Corner ties at ownership changes and at point of either or both the beginning and ending. Identify the corner monument being tied to (stone, brass cap, etc.).

Yes

Road Locations Yes Note: APPROVAL BLOCK: Reviewed by: _____________________________________ Date: ____________ Approved by: _____________________________________ Date: ____________

Forest Service


#37-26A Road Package Components (English) (Revised 05/07/2007) A complete Road Plan package for this well shall include the following attachments, which will be made part of the Surface Use Plan of Operations:

Check Here Attachment(s) Prepared by Forest Service FP-03 Standard Specifications and Supplements for Construction of

Roads and Bridges on Federal Highway Projects Section 153 - Quality Control Table 153-01, Sampling, Testing, and Measurement Requirements Road Data Sheet Road Maintenance Information Sheet Road Management Plan Temporary Road Standards Attachments Submitted By Operator Complete Survey and Design Single-lane Access Road Typical Profile MEASUREMENTS U.S. Customary Metric

NOTE: As of October 1, 2004, all road measurements can be either in metric or U.S. Customary Measurement.


#37-26A1: FP-03 Standard Specifications and Supplements for Construction of Roads and Bridges on Federal Highway Projects The checked ( or X ) reference sections are the construction and maintenance specifications that will apply to this plan of operations.

Check Here

Construction and Maintenance Specifications

Check Here

Uniform Specifications for Road Maintenance

101 Terms, Format, and Definitions 0-101 Surface Blading 103 Scope of Work 0-103 Dust Abatement 106 Acceptance of Work 0-108 Slide Repair 107 Legal Relations and Responsibility To The

Public 0-113 Surfacing Repair

0-201 Shoulder Maintenance 152 Construction Survey and Staking 0-301 Ditch Cleaning 153 Contractor Quality Control 0-310 Minor Drainage Structures

156 Public Traffic 0-507 Roadside Vegetation 157 Soil Erosion Control 0-618 Major Drainage Structures 201 Clearing and Grubbing 0-619 Miscellaneous Structures 203 Removal of Structures and Obstructions 0-710 Traffic Services 204 Excavation and Embankment 0-807 Snow Removal 207 Earthwork Geotextiles 209 Structure Excavation and Backfill 211 Roadway Obliteration 251 Riprap (Class 3) 301 Untreated Aggregate Courses 303 Road Reconditioning 306 Dust Palliative 602 Culverts and Drains 603 Structural Plate Structures 606 Corrugated Metal Spillways 607 Cleaning, Reconditioning, and Repairing

Existing Drainage Structures

619 Fences, Gates, and Cattleguards 624 Topsoil 625 Turf Establishment 626 Plants, Trees, Shrubs, Vines, and Ground

Covers

633 Permanent Traffic Control 635 Temporary Traffic Control


#37-26A2 Section 153 - Quality Control This section replaces the 153 of FP-03 Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects and shall apply to this plan of operations.

DESCRIPTION 153.01 Work

This work consists of obtaining samples for Contractor quality control testing, performing tests for Contractor quality control, providing inspection and exercising management control to ensure that work conforms to the contract requirements.

153.02 Quality Control and Quantity Measurement System

The holder shall provide and maintain a quality control system that will ensure that all services, supplies, and construction required under this permit conform to the permit requirements. The holder shall perform, or cause to be performed, the sampling, inspection, and testing required to substantiate that all supplies, services, and construction conform to the permit requirements. The holder shall also perform, or cause to be performed, all measurement of quantities of materials incorporated into the work or work processes that are to be measured under the provisions of the permit. (a) Quality Control Plan. The holder shall submit in writing the following: (1) Authorities and responsibilities of inspection and testing personnel. (2) Experience and qualifications of inspection and testing personnel to be assigned and name and location of any (for hire) testing facility to be used. (3) Description of the testing facilities and information on when and where each of the required materials tests will be performed. (4) Example of technique to be used for random sampling. (b) Approval of Quality Control Plan. The holder's proposed quality control plan for all items requiring quality control shall be submitted to the Forest Service Engineering Representative for review prior to the holder commencing work. Within 5 working days of receipt of plan, the Forest Service Engineering Representative shall notify the holder whether the plan adequately covers quality control requirements. Construction work shall not be performed prior to holder's receipt of written approval of the proposed plan. The holder shall submit to the Forest Service Engineering Representative, in writing, any proposed changes in the approved quality control plan. Proposed changes shall not be put into effect until approved in writing by the Forest Service Engineering Representative.

153.03 Sampling, Testing, Inspection, and Measurement of Quantities

The holder shall provide or have provided and maintained appropriate measuring and testing devices, equipment, and supplies to accomplish the required measurement, testing, and inspection in a timely manner. Tests, measurements, and certifications shall be made as required by the drawings and specifications. The holder shall take samples or have samples taken and perform inspections and tests necessary to achieve the quality of construction required by the permit and make required measurements of work under this permit performed onsite or offsite. Minimum sampling and testing frequency for specific items shall be shown below in Table 153-01.

153.04 Records of Inspections, Tests, and Measurement

(a) Inspection and Tests. The holder shall maintain current records of all inspections and tests performed. The holder shall certify in writing that all inspections and tests were performed in accordance with specifications. (b) As-Built Drawings. The holder shall maintain a set of the permit drawings depicting as-built conditions. These drawings shall be maintained in a current condition and shall be available for review. All variations from permit drawings shall be indicated in red on the drawings. Upon completion of the permit work, as-built drawings shall be submitted to the Forest Service Engineering Representative. Any changes in the original permit drawings or specification must be approved by the Forest Service Engineering Representative before any changes are made.


Sampling and testing by the holder shall meet the applicable AASHTO and ASTM standards. Unless waived by the Forest Service Engineering Representative, the Forest Service Engineering Representative will inspect both sampling and testing equipment and procedures prior to production.

153.05 Certifications and Measurements

(a) Offsite Produced Materials. The holder shall furnish certificates executed by the manufacturer, supplier, or vendor, stipulating that all offsite produced materials incorporated into the work meet the applicable requirements shown on the drawings or stated in the specifications. Incidental purchases needed to remedy minor shortages of material shall be certified by the holder.

#37-26A3: Table 153-01, Sampling, Testing, and Measurement Requirements Where random sample or random measurement is specified, it shall be a stratified statistically random sample. Random numbers are to be determined by ASTM D3665 Section 5.1 through 5.7. The sampling must be stratified to eliminate the possibility of sample points being "clustered". Stratification is done by dividing the total quantity for the applicable bid item by the sample frequency. This process divides the total project quantity of one lot into sublots. The random number is used to obtain a random sampling point within each sublot. Key to symbols used in table: HT: Sampling and testing by holder's personnel identified by name on the approved holder's Q/C plan. Interim approval of personnel submitted will be based on specified training or experience requirements. Final approval will be based on observation of work performance on the project. PE: Sampling and testing under the direction of and certification by a registered engineer retained by the holder and specifically identified on the approved holder's Q/C plan. Note: The minimum frequency shown in this table is for Holder Quality Control sampling and testing. The holder can run additional samples over the minimum number specified in the table. These additional samples can be taken in any manner, at any time desired by the holder. Quality assurance sampling and testing by the Forest Service may be done at any time or location.

Subsection Reference Required Sampling, Testing and

Measurements

Responsibility for Sampling/Testing

Minimum Frequency

204.10 Embankment Placing Moisture Density Curve

HT/HT One curve per soil type

Table 204-1 Construction Tolerances Measurement of Topsoil Pile for Quantity Measurement of Construction Tolerances Measurement of Turnouts Measurements of Ditch Depths and Flow

HT/HT HT/HT HT/HT HT/HT

All Stockpiles 2 Random samples/1,000 feet. With station and items on Station Check all widths and length on turnouts on drawings. 2 Random samples/1,000 feet.

301.02 Gradation Per 703-02 (a) and (b) Pit Run or Grid Rolled Aggregate

HT/HT

3 checks for maximum size per 1,000 cubic yards.


602.02 Requirement (Method A or B) Type of Pipe

HT/HT

Helical or Annular

602.03 Bedding Moisture Density (Method B) Field Density (Method A or B) Camber height (Method A or B)

HT/PE HT/HT HT/HT

One curve per soil type The first pipe on each project shall be tested. Thereafter of all installations select randomly or one test/pipe for each road or road segment whichever frequency produce the greater number of tests. List for pipe installed

602.04 Laying Pipe Alignment, Seams, Outlet (Method A or B)

HT/HT

List for pipes installed

602.03 Backfilling Moisture density curve (Method B) Field density for culverts in live streams and all culverts 48 inches diameter or equivalent or greater (Method B) Field density for all other culverts (Method A) Damaged or Distorted (Method A or B)

HT/PE PE/PE HT/HT HT/HT

One test per soil type One test per 12 inch lift on each side of culvert The first pipe on each project shall be tested. Thereafter of all installations select randomly, or 1 test per pipe for each road or road segment whichever frequency produce the greater number of tests. On all pipes installed.


#37-26A4 Road Data Sheet (English)

Date of Field Review: Hard Copy In Project File (Y/N): Design Speed: (__)15 mph (__) 35 mph Design Class: (__)Local (__)Collector Type of Alignment: (__)Geometric (__) Drivable flag line with field review and approval by the Forest Service

Type of Plans (__) Forest Service Standard Set (__) Other, Describe:

Cross Sections Required (__)Yes (__)No (__) For entire Project (__) Only Segments: Describe:

Turnout Spacing: (__) 1,000 feet Maximum (__) Intervisible (__) Intervisible with 1,000 feet Maximum spacing

Turnouts shall be an additional 10 feet wide; Turnout tapers shall have a length of 50 feet. Fill In Values for Each (feet)

A (ft) = 14 feet C (ft) = 6 feet E (ft) = 2 feet B (ft) = 16 feet D (ft) = 10 feet

NOTE: See standard set of plans for slopes and fill widening. Method of embankment placement (spec.204.10.a,b,c), will be method 2 with a sheep foot.

Surfacing Depth: (__) Single Lane Road 4 inches (__) Double Lane Road 6 inches

Major Drainage Site Work Plans Required?: (__) Yes (__) No. If Yes, Location of Site:

Construction Tolerance Class (__) E (__) F Well Name: Road Number: Well Number: Road Use (Y/N): Qrtr/Qrtr: Township: On Lease (Y/N): Special Use Road (Y/N) Section: Range: Maximum Grade %: 8% FOREST SERVICE Personnel At Meeting:

Company Personnel At Meeting:

A

Typical Turnout Dimensions Plan View

10ft

150ft.

50ft 50ft

A

B D

C

E

2.0% Typical Crown

Roadway


#37-26A5 Road Maintenance Information (English)

Road Information

Road Number

Minimum Surfacing

Depth

Design Speed

Collector or

Local

Major Drainage Crossing


#37-26A6 Road Management Plan

Road Number:

Traffic Service Level:

Road Name:

Maintenance level:

Beginning Termini:

Will Use Be Controlled:

Ending Termini:

Closure Type:

Length (miles):

Restriction Type:

Existing or Planned:

Time When Control Is Applied:

Resource Management Area:

Goal Primary Value:

Primary Use is For:

Disposal Objective:

Road Design Elements

# Of Lanes: Slopes (Y/N): Major Crossings (Y/N): Ditches (Y/N): Aggregate Surface (Y/N): Turnouts (Y/N): Shoulders (Y/N): Culvert Pipes (Y/N): Rolling Dips (Y/N):

Approved By

Title

Date


#37-28A Seed Mixture (Revised 07/18/2013)

Company: Well ID: Date:

Seeding Rate Guidelines

Scenario #13 All Sites

Seeding Rates Formulas A - % of Mix B - Number of seeds per lb. C - Number of seeds per ft2 (C = A x 50) D - Number of seeds per acre (D = C x 43560) E - Drilled Pure Live Seed (PLS) lb./acre (E = D / B) (See page 2 for additional information)

A B C D E

Species

Preferred Cultivar,

Ecotype, or Germplasm

Common Name % of Mix

Number Seed

per lb.

Number Seed

per ft2

Number Seed

per acre

Drilled PLS

lb./acre

Cool Season Grasses: Elymus canadensis Nassella viridula Pascopyrum smithii

Mandan Lodorm Rodan

Canada wildrye Green needlegrass Western wheatgrass

0.15 0.20 0.25

115,000 180,000 112,000

7.5

10.0 12.5

326,700 435,600 544,500

2.8 2.4 4.9

Warm Season Grasses Bouteloua gracilis Calamovilfa longifolia Schizachyrium scoparium

Alternate Warm Season (for one of above species) Bouteloua curtipendula

Bad River

Goshen Badlands

Pierre

Blue grama Prairie sandreed Little bluestem Sideoats grama

0.10 0.10 0.10

0.10

750,000 275,000 286,000

180,000

5.0 5.0 5.0

5.0

217,800 217,800 217,800

217,800

0.3 0.8 0.8

1.2 Forbs

Dalea purpurea OR

Dalea candida

Local1

Antelope1

Purple prairieclover

White prairieclover

0.04

0.04

290,000

278,000

1.8

1.8

78,408

78,408

0.25

0.3

Helianthus pauciflorus OR Solidago rigida

Bismarck1

Local1

Stiff sunflower

Stiff goldenrod

0.03

0.03

85,000

656,000

1.4

1.4

60,984

60,984

0.7

0.1

Echinacea angustifolia OR Ratibida columnifera

Bismarck1

Local1

Purple coneflower

Prairie coneflower

0.03

0.03

120,000

737,000

1.4

1.4

60,984

60,984

0.5

0.1

Totals 100% 49.6 Forbs 13.4 Alternate Forbs (12.5)


Use of Pure Live Seed (PLS) for calculating seed mixtures.

Planting is based on approximately 50 seed per square foot and/or 12-16 pounds PLS per acre.

All of the seed mixtures in this guide give the rate of PLS for each species per acre. These rates were derived using three basic figures: percent of each species desired by composition, number of seeds per pound according to species, and total number of PLS per square foot.

The following equation should be used to calculate how much seed is needed to provide the required pounds of PLS needed.

% Purity x Germination Rate % = % PLS Pounds of PLS Desired divided by %PLS = Pounds of Seed Required

An example of this is: 10 lbs. of PLS is required. The given seed lot for this species has a purity of 95% and a germination rate of 85%. How many pounds of seed will be necessary to have 10 PLS?

.95 (Purity) x .85 (germination rate) = .81 (% PLS) 10 (required poundage) divided by .81 (%PLS) = 12.3

12.3 pounds of seed will be necessary to provide 10 lbs PLS of seed.

Cultivars listed in the second column are preferred, but local seed collections grown for harvest are acceptable if performance and origin are certified or documented. All seed sources should be derived from loal collections or a general area extening 300 miles north and 200 miles south of the area to be reclaimed, and within similar elevation and precipatuion zones as western North Dakota, ie from Jamestown on the east to Billings, MT on the west.

A local source for forbs is Prairies Diversified located in Bismarck, ND (Roger Rostvet, 701-258-0181).

Other sources may be used but they must be verified as local collections and not obtained from a distant source that are distributed by a local dealer.

Seeding depth should be one-half inch or less for drilled seed.

For broadcast seeding, multiply pounds of each species seeded by 1.5. Seed bed should be

thoroughly worked and firm.

Best average seeding dates for cool and warm season mixes is May – June. Earlier of later (fall dormant) seeding is likely to result in poor establishment of warm season species and is therefore discouraged.

Seed mix may need to be adjusted due to site characteristics and/or lack of available seed for some species. In the latter case, adjust species seeding rates by formulas below table to obtain approximately 50 seed per square foot and/or 12-16 lbs. of PLS per acre for drilled seed and 18-24 lbs. per acre for broadcast seeding.

Note: The following are required as per Conditions of Approval #28 B, Certification & Reporting

1. Report of Seeding (#37-28B) 2. Certification of Seed Mixture from Seed Company and seed tags from bags or copy of seed

tags for all planted material must be submitted to the appropriate Medora or McKenzie Ranger Districts.

Call the appropriate Medora or McKenzie Ranger Districts if there are any questions.

Medora Ranger District: 701-227-7800. McKenzie Ranger District: 701-842-2393.

05/07/07 COA Other #37-28B, Seed Report, Page 1 of 1

#37-28B Report of Seeding (Revised 05/07/2007)

REPORT OF SEEDING 01. SITE SEEDED Oil Company Name: Well Name or #: ¼ ¼ : Section: Township: Range: 02. SEEDING COMPANY Company Name: Date Seed Mixture Sent To Forest Service: Date Site Seeded: 03. SEEDING METHODS Seed Bed

Preparation Equipment

Used Seeding

Techniques Ripped Seed Bed Grass Seeder Parallel To Contours Disked Seed Bed Small Grain Seeder Criss-Cross Pattern Firm Large Grain Seeder Mulching Free of Clods Hand Seeded

04. Drill Row Spacing (Inches): 05. Seeding Depth (Inches): 06. Approximate Acres Seeded:

07. I hereby certify that I, or persons under my direct supervision, have seeded this site, and the mixture has been certified weed free. A copy of the seed mixture certification, including the seed mixture is attached.

Seeding Company Representative Date

Forest Service Reviewer Date Received NOTE: The appropriate boxes and fill in the blanks as applicable for all 7 items above. Sign and send the original to the Forest Service Ranger District. Faxed copies must be followed by the original.


#37-32B Vegetative Control, Application of Herbicides (Revised 05/07/2007)

NOTE: Herbicides used for vegetative control are generally pre-emergence short-term (less than one year duration) herbicides that will kill all vegetation including grasses and forbs. Therefore, it is extremely important that these herbicides not be used to control noxious weeds and/or invasive species, as defined by COA Other #37-15, within those areas of the pad or road where native vegetative cover is being established under interim or final reclamation.

Chemical Treatment

The following mitigation measures shall apply to the ground application of all herbicides:

General All chemical treatments must be approved in writing by the Forest Service prior to any surface application. A copy of the approval must be present on the site being treated. Failure to produce a copy of the approval may result in immediate shut down of operations.

Applications, Forms, Monitoring

Companies using herbicides for vegetative control or for control of noxious weeds and/or invasive species must annually complete, submit, and have approved prior to use the following documents:

a. Pesticide-Use Proposal (Form FS-2100-2). b. Pesticide-Use Proposal Attachment A, Supplemental Information (Form DPG-2100-2A). c. Spill Incident Response Plan for transporting herbicides.

A current and blank copy of forms 2100-2 and 2100-2A can be obtained from the Forest Service District Office upon request.

Do not combine vegetative control use with control of noxious weeds and/or invasive species use on the same forms. Separate forms must be submitted for each.

Herbicides

Only approved herbicides, as specified within the 2007 Dakota Prairie Grasslands Noxious Weed Management Project can be used for chemical treatment. Since this listing may change from year to year, it is the Operator’s responsibility to request and submit use for the most current listing of approved herbicides. An approved current listing of vegetative control herbicides can be obtained from the Forest Service District Office upon request.

Ground Application • Herbicides must be applied under the supervision of a certified herbicide applicator under the

laws of the State of North Dakota. • Herbicides must be applied consistent with the instructions on the label. • No herbicide will be applied directly to surface water or where surface water from treated areas

can run into live water sources. • A buffer of at least one hundred (100) feet from bodies of water must be maintained. • The buffer width would be determined based on soil, slope, etc.

• No spraying of liquid formulations will be done if temperatures exceed eighty (80) degrees. • No spraying of liquid formulations will be done if the wind velocity exceeds ten (10) mph or per

herbicide labeling directions. • If boom spraying is done, boom pressure will not exceed forty (40) psi to minimize drift. • Herbicide use will be permitted only within the areas identified within the applications. • A sign saying the area has been treated with herbicides will be posted in areas receiving

treatments at least one full day (unless the herbicide label says longer) after the treatment.


Monitoring • The Forest Service will monitor the herbicide use in the form of random compliance

inspections. • All monitoring will be done under the direction of a Forest Service employee who is a licensed

Commercial Pesticide Applicator. Year End Report • When you have completed your herbicide treatment for the season and prior to October 1

of each year, you must submit the following information for each site treated and for each herbicide applied on National Forest System lands:

• Date of application • Formulation/trade name • EPA registration number • Name of active ingredient • Pounds of active ingredient applied to the site • Acres treated on the site

• In the case of a combination of herbicides being used, you will need to submit the information for each herbicide in the mixture.

• Failure to submit the reports will delay the permitting of this year’s Pesticide Use Proposal. Plugged and Abandoned Sites • Noxious weeds should be sprayed prior to reclamation of the site and during the monitoring

of the site until released. Use caution not to use herbicides that will have a detrimental effect to any seeding requirements.

05/07/07, COA Other #37-33B, Sewage Wastes, Page 1 of 1

#37-33B Sewage Wastes (Revised 05/07/2007) The Operator is responsible for submitting a Sewage Containment Plan prior to use that ensures the proper function, maintenance, and cleaning of all sewage facilities and the proper containment, disposal, and removal of all sewage wastes. The system must be “Closed” ensuring that there are no open or exposed tanks, catch basins, etc., and meeting the requirements of this section. Holes: Excavated or drilled into the cut portion of the well pad or adjacent areas to catch or hold sewage wastes are not permitted. Portable Chemical Toilets: An adequate number of portable toilets (1 toilet/10 people/40 hours) shall be present on or near the well pad from the beginning of construction through completion of the well. Flush Toilets: Any facility utilizing a flush toilet shall ensure that each toilet has a trap and that each facility has standard fittings with adaptors as needed beneath the facility upon which sewage lines can be easily attached and/or removed. Power Source and Breakers: Each electrical pump shall have a dedicated power source with a minimum 20 amp fuse system. Holding Area and Dikes: All waste tanks and/or any other sewage treatment vessel shall be placed within a holding area surrounded on all four sides by an impermeable dike/berm of sufficient capacity to adequately contain the contents of the largest vessel. Tanks/vessels can be placed within a larger tank such as a stock tank, etc., and meet this requirement as long as the larger tank is of sufficient capacity. Liner: The holding area within the diked area shall have a liner with a minimum burst strength of 140 pounds per square inch (psi). Upon completion of use, the liner shall be removed from the location and properly disposed of. Working Space: The waste disposal contractor shall have adequate working space (suggested 8 feet minimum width) to access all holding vessels. Wastes: Sewage systems are for sewage wastes only. Wastes other than sewage, including but not limited to trash, oils, muds, chemical solvents, parts cleaners, antifreeze (non-biodegradable), etc., are prohibited from entering the sewage system. Disposal: All sewage waste must be disposed of in State and/or County approved facilities. Records shall be kept and made available upon request. No sewage wastes shall be placed within a reserve pit, buried on location, and/or disposed of on National Forest System Lands. Winter: The Operator is responsible for preventing the freeze-up of the sewage lines and storage vessels. Heating tapes, tank heaters, etc., shall be used as needed. Inspections/Records: Routine inspections (minimum of 2-3 times per week) shall be performed and documented to monitor fluid levels in both fresh and wastewater tanks. Upon request the Operator shall provide the Forest Service with copies of the inspections. Spills: All sewage spills shall be promptly reported to the Forest Service, a treatment plan developed, submitted, and approved prior to any treatment.

05/07/07 COA Other #37-33E, NTL Spills, Page 1 of 1

#37-33E NTL Spill Policy

UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE

DAKOTA PRAIRIE GRASSLANDS

Notice to Lessees, Transferees, and Operators On Lands Administered by the Dakota Prairie Grasslands

NTL-DPG-98-1

This Notice is issued pursuant to the authority prescribed in Title 36 CFR 228.105(b). The intent of the Dakota Prairie Grasslands in issuing this direction is that when spills associated with minerals exploration or development occur, Forest Service personnel will be informed immediately and have the opportunity to respond as needed. Requirements of this notice applies to all oil and gas or other mineral activities conducted on Federal leaseholds on lands administered by the Dakota Prairie Grasslands. Operators on these lands must report all spills, discharges, and other undesirable events in accordance with the requirements of this Notice. The Grasslands realizes there may be spills of a minor nature for which we normally would not need immediate notification, but without the information, that assessment cannot be made. As used in this Notice, the term Authorized Officer means that officer of the Forest Service having supervisory jurisdiction for the geographic area in which the event occurs.

1. Oil or salt water spills that occur on-site (on the pad) and that exceed one barrel, whether it is inside a bermed area or outside of it, must be reported to the Authorized Officer by phone or in person as soon as possible. These spills must also be reported in writing within 30 days of the spill. Spills less than one barrel do not have to be reported orally, but must be reported in writing within 30 days of the spill. A written report for all spills that occurred within a calendar month may be combined into one report for that month, submitted by the 15th day of the following month. Each spill must be identified individually with required information included for each spill.

2. Any oil or salt water spill that occurs off-site must be reported to the Authorized Officer immediately by phone or in person, regardless of quantity.

3. Any spill of a toxic substance on Dakota Prairie Grasslands lands, as listed and of a reportable quantity as defined at 40 CFR 114.3, must be reported immediately by phone or in person to the Authorized Officer.

4. For a monthly written report, the Forest will accept copies of written reports submitted to other agencies, such as the Bureau of Land Management or the appropriate State regulating agency, provided it contains the required information (see 5 below).

5. In those cases where a monthly written report submitted to the other agencies does not include those spill reports required by the Dakota Prairie Grasslands, such spills must also be reported in writing within 30 days to the Authorized Officer. The Operator may use forms the other agencies use, a form, which the Forest can supply, or a form of the Operator's choosing, as long as it contains the required information. Exhibit 2 is an example of a form, which may be used; required information is indicated by asterisks.

Failure to provide the necessary notification or reports as provided this Notice may result in other measures being taken to secure compliance, such as those provided by Title 36 CFR 261.10(a). November 5, 1998 /s/ Larry J. Dawson DATE LARRY J. DAWSON GRASSLANDS SUPERVISOR


Appendix B: Public Comments Received

SM Energy Bear Den 4X-30 EA: Appendix B

Commenter Date of Comment

Comment EA Section where comment is addressed

Badlands Conservation Alliance

August 5, 2015

Address the need for relocation of the access road.

Noted, See Section 1.2. Relocation of the road avoids placing the pad within a drainage and woody draw. This site was evaluated for the pad by the USFS and determined that relocation of the road had fewer impacts.

The access road has been used by the public wishing to access the Bear Den Research Natural Area and should be kept open for public use

The access road would remain open during the life of the wells. Once production ceases, the road will be reclaimed with the rest of the area. See Section 1.2

The Bear Den Federal 4Y-30H and Bear Den Federal 4Z-30H are located on a pad to the immediate east. None of these wells appear to be adequately gathering produced natural gas and we would ask that gathering capacity be in place for these and any new wells prior to drilling.

The 4Y-30H and the 4Z-30H are being adequately gathered. Lines will be put in immediately following completion and once production is established. Waiting until production has been established will ensure the size of the line being installed is adequate. An existing Oneok gas line will be upgraded to handle all production, including existing production in the area.

Fumes produced from what we expect is the Madison Bear Den Federal 4-30 can be overwhelming, even in an enclosed vehicle. This concern should be addressed in coordination with the proposals here.

This comment is outside of the scope of the Proposed Action. The Bear Den Federal 4-30H is operated by SM Energy. The Bear Den Federal 4-30Hwas plugged and abandoned on July 19, 2016. For the proposed project, SM Energy would implement the approved COAs, in concert with federal and state emissions controls, to minimize air impacts as addressed in Section 3.2.

Reference made in your July 8, 2015 letter regarding an existing utility corridor connecting with the Jorgenson Federal 14-19H and 14X-19H pad needs further clarification. We are hoping that use of the Jorgenson pad will cut back on vehicular activity in such near proximity to the Bear Den Research Natural Area.

The utility lines in the existing corridor will be used to transfer saltwater and oil from the location and supply power to the location. This will eliminate truck traffic transferring product and eliminate onsite generators. The existing corridor will also be where the gas line will be installed when upgraded. The Utility Corridor is shown on Figure 2 and describe in Section 1.2.1. See Section 3.5.2.1 for analysis of traffic on wildlife.

SM Energy Bear Den 4X-30 EA: Appendix B

Commenter Date of Comment

Comment EA Section where comment is addressed

Additionally we note that surface pipelines are being used in the vicinity drawing water from a local stock pond. It is a practice we find detrimental to local hydrology and the generators providing power in this rough terrain create horrific noise levels. While we expect this is a different company, we would oppose similar practices in SM Energy’s proposal.

The referenced line is from a different operator and is out of scope for this proposed project. SM Energy will be obtaining water from off-site sources and a temporary surface water line could be used to transfer water to the site for Hydraulic Fracturing of the new wells. This water line will carry water from a private water source and will follow existing corridors. These private water sources are permitted by the State Water Commission. As a concern mentioned in a previous comment regarding vehicular activity, this would eliminate approximately 6,000 truckloads of water into this location. Needed permits will be obtained through the State of North Dakota. See Section 3.3 for analysis of water resources.

The Bear Den Research Natural Area and surrounding vicinity is bighorn sheep country and excellent habitat for raptors, likely including golden eagles. Full analysis should be completed with buffer and timing stipulations applied to protect these resources.

See Section 3.5 for a complete description of wildlife conservation measures. A determination of No Impact was made for Bighorn sheep and Golden Eagle and is discussed in Section 3.5.2.1 and in the Biological Assessment.

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