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«APPENDIX D OIL AND GAS STIPULATIONS DAKOTA PRAIRIE GRASSLANDS INTRODUCTION This appendix displays the stipulations applied to oil and gas leases to ...»

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Appendix D

APPENDIX D OIL AND GAS STIPULATIONS

DAKOTA PRAIRIE GRASSLANDS

INTRODUCTION

This appendix displays the stipulations applied to oil and gas leases to be consistent with Forest

Plan Standards and Guidelines, and a short explanation of the reasons for the stipulations. This

is mandated by the oil and gas regulations found in 36 CFR 228 102 (c)(1)(ii). This section also

discusses the guidelines by which waivers, exceptions, or modifications may be granted.

Waivers, exceptions, or modifications will be considered in accordance with the requirements of 36 CFR 228.104. Environmental analysis meeting NEPA requirements will be conducted in considering a request for a waiver, exception or modification. The Deciding Officer will make a determination based on this information.

All the following stipulations are consistent with and necessary to implement the land and resource management plan.

DEFINITION OF TERMS

• Not Currently Authorized for Leasing (NCA): Lands are determined to be administratively available for leasing, but the decision to lease is withheld until some future time.

• Stipulation: A provision that modifies standard lease rights and is attached to and made a part of the lease. Stipulations have been developed for the following categories: 1) No Surface Occupancy, 2) Timing Limitations or seasonal restrictions, and 3) Controlled Surface Use.

• No Surface Occupancy (NSO): Use or occupancy of the land surface for fluid mineral exploration or development is prohibited to protect identified resource values.

• Timing Limitation (TL) (Seasonal Restriction): Prohibits surface use during specified time periods to protect identified resource values. This stipulation does not apply to the operation and maintenance of production facilities unless the findings of analysis demonstrate the continued need for such mitigation and that less stringent, project- specific mitigation measures would be insufficient.

• Controlled Surface Use (CSU): Use and occupancy is allowed (unless restricted by another stipulation), but identified resource values require special operational constraints that may modify the lease rights. CSU is used for operating guidance, not as a substitute for NSO or Timing stipulations.

• Lease Notice: Provides more detailed information concerning limitations that already exist in law, lease terms, regulations, or operational orders. A Lease Notice also addresses special items the lessee should consider when planning operations, but does not impose new or additional restrictions.

• Waiver (oil and gas leasing): Permanent exemption from a lease stipulation. Waivers can be granted if the condition described in the stipulation no longer applies anywhere in the leasehold.

–  –  –

Definition of Terms, cont.

• Exception (oil and gas leasing): Case-by-case exemption from a lease stipulation. The stipulation continues to apply to all other sites within the leasehold to which the restrictive criterion applies.

• Modification (oil and gas leasing): Modifications are similar to exceptions, but broader in scope, and involve a fundamental change to the provisions of the stipulation. They can be granted either temporarily or for the duration of the lease. A modification may, therefore, include an exemption from or alteration to a stipulated requirement.

Depending on the specific modification, the stipulation may or may not apply to all other sites within the leasehold to which the restrictive criteria applied.

WATER, WETLANDS, WOODY DRAWS, RIPARIAN, AND

FLOODPLAINS

Controlled Surface Use (CSU) Resource: Water, Wetlands, Woody Draws, Riparian, and Floodplains (CSU)(see Appendix G for definitions) Stipulation Try to locate activities and facilities away from the water’s edge and outside the riparian areas,

woody draws, wetlands, and floodplains. If necessary to locate facilities in these areas, then:

• Deposit no waste material (silt, sand, gravel, soil, slash, debris, chemical or other material) below high water lines, in riparian areas, in the areas immediately adjacent to riparian areas or in natural drainageways (draws, land surface depressions or other areas where overland flow concentrates and flows directly into streams or lakes).

• Deposit no soil material in natural drainageways.

• Locate the lower edge of disturbed or deposited soil banks outside the active floodplain.

• Stockpile no topsoil or any other disturbed soil in the active floodplain.

• Locate drilling mud pits outside riparian areas, wetlands and floodplains. If location is unavoidable in these areas, seal and dike all pits to prevent leakage or use containerized mud systems.

Objective (Justification) For justification refer to the Land and Resource Management Plan Grassland-wide Direction, Water, number 6. This stipulation is to protect the biological and hydrologic features of riparian areas, woody draws, wetlands, and floodplains.





Application Methodology, Use this stipulation in riparian areas, woody draws, wetlands, and floodplains that are greater than 400 meters wide. 43 CFR 3101.1-2 includes measures to relocate operations up to 200 meters and to delay operations up to 60 days in any lease year. Therefore use Standard Lease Terms for areas less than 200 meters from edge.

D-2 Oil and Gas Stipulations Appendix D Waivers This stipulation may be waived if the authorized officer determines the entire leasehold no longer contains any riparian areas, woody draws, wetlands, or floodplains.

Exceptions The authorizing officer may grant an exception to this stipulation if the operator submits a plan that demonstrates impacts from the proposed action are acceptable or can be adequately mitigated.

Modifications The boundaries of the stipulated area may be modified if the authorized officer determines that portions of the area do not include riparian areas, woody draws, wetlands, and floodplains.

SOILS No Surface Occupancy (NSO) Resource: Slopes Greater than 40 Percent (NSO) Stipulation Surface occupancy and use is prohibited on slopes greater than 40 percent.

Objective (Justification) For justification refer to the Land and Resource Management Plan Grassland-wide Direction, Soils, number 6. The objective of this stipulation is to protect soil resources from loss of productivity, prevent erosion on steep slopes, soil mass movement, and resultant sedimentation.

Application Methodology Use this stipulation on slopes greater than 40 percent.

Waivers This stipulation may be waived if the authorized officer determines conditions have changed and the entire leasehold no longer contains any slopes greater than 40 percent.

Exceptions The authorizing officer may grant an exception to this stipulation if the operator submits a plan that demonstrates impacts from the proposed action are acceptable or can be adequately mitigated.

Modifications The boundaries of the stipulated area may be modified if the authorizing officer determines that portions of the area do not include slopes greater than 40 percent.

Oil and Gas Stipulations D-3Appendix D

RECREATION Timing Limitation (TL) Resource: Recreation Sites (TL) Stipulation Surface use is prohibited within 0.25 miles of the established boundaries of Burning Coal Vein, Buffalo Gap, Sather Lake, CCC, Campgrounds and Summit, White tail Picnic Areas, and the 6 Maa Daa Hey Trail overnight camps, Wannagan, Roosevelt, Elkhorn, Magpie, Beicegel, and Bennett, from May 1 through December 1.

Objective (Justification) For justification refer to the Land and Resource Management Plan Grassland-wide Direction, Minerals and Energy Resources number 13. To maintain the recreation opportunities and settings within the area surrounding campgrounds, picnic areas, and recreation trail overnights.

Application Methodology The 0.25 mile distance will be from the established boundary. This stipulation does not apply to operation and maintenance of production facilities.

Waivers No conditions for a waiver are anticipated, and approval of a waiver would be unlikely.

Exceptions The authorizing officer may grant an exception to this stipulation if the operator submits a plan that demonstrates impacts from the proposed action are acceptable or can be adequately mitigated.

Modifications The boundaries of the stipulated area may be modified if the authorized officer determines that portions of the area are not within 0.25 of the established recreational facility.

No Surface Occupancy (NSO) Resource: Recreation Sites (NSO) Stipulation No surface occupancy or use is allowed within developed recreation sites.

Objective (Justification) For justification refer to the Land and Resource Management Plan Grassland-wide Direction, Recreation, Developed Recreation Sites, Number 11. The objective is to maintain the recreation opportunities and settings within developed recreation sites D-4 Oil and Gas Stipulations Appendix D Application Methodology Use this stipulation in developed recreation sites: Burning Coal Vein, Buffalo Gap, Sather Lake, CCC, Campgrounds and Summit, White tail Picnic Areas, and the 6 Maa Daa Hey Trail overnight camps, Wannagan, Roosevelt, Elkhorn, Magpie, Beicegel, and Bennett.

Waivers This stipulation may be waived if the authorized officer determines conditions have changed and the entire leasehold no longer contains developed recreation sites.

Exceptions The authorizing officer may grant an exception to this stipulation if the operator submits a plan that demonstrates impacts from the proposed action are acceptable or can be adequately mitigated.

Modifications The boundaries of the stipulated area may be modified if the authorizing officer determines that portions of the area do not include developed recreation sites.

WILDLIFE Wildlife stipulations are listed in the order of Timing Limitations, Controlled Surface Use, and No Surface Occupancy.

Wildlife - Timing Limitations (TL) Resource: Sharp-tailed Grouse Display Grounds (TL) Stipulation Surface use is prohibited from March 1 through June 15 within 1 mile (line of sight) of a sharptailed grouse display ground.

Objective (Justification) For justification refer to the Land and Resource Management Plan Grassland-wide Direction, Fish, Wildlife, and Rare Plants, number 15. The objective is to prevent abandonment of display grounds and reduced reproductive success.

Application Methodology This stipulation applies to active sharp-tailed grouse display grounds. The 1 mile radius extends outward from the center of a display ground. This stipulation applies to drilling, testing, new construction projects, and does not apply to operation and maintenance of production facilities.

Waivers This stipulation may be waived if the authorized officer determines conditions have changed and all display grounds within the leasehold or within the stipulated distance from the leasehold have not been used during the past 2 breeding seasons.

Exceptions

Oil and Gas Stipulations D-5Appendix D

The authorizing officer may grant an exception to this stipulation if the operator submits a plan that demonstrates impacts from the proposed action are acceptable or can be adequately mitigated. An exception may be granted if the display ground has not been used by May 1 of the current year.

Modifications The boundaries of the stipulated area may be modified if the authorizing officer determines that portions of the area do not include display grounds that have been used during the last 2 breeding seasons.

Resource: Sage Grouse Display Grounds (TL) Stipulation Surface use is prohibited from March 1 through June 15 within 2 miles (line of sight) of a sage grouse display ground.

Objective (Justification) For justification refer to the Land and Resource Management Plan Grassland-wide Direction, Fish, Wildlife, and Rare Plants, number 15. The objective is to prevent abandonment of display grounds and reduced reproductive success.

Application Methodology This stipulation applies to active sage grouse display grounds. The 2-mile radius extends outward from the center of a display ground. This stipulation applies to drilling, testing, new construction projects, and does not apply to operation and maintenance of production facilities.

Waivers This stipulation may be waived if the authorized officer determines conditions have changed and all display grounds within the leasehold or within the stipulated distance from the leasehold have not been used during the past 5 breeding seasons.

Exceptions The authorizing officer may grant an exception to this stipulation if the operator submits a plan that demonstrates impacts from the proposed action are acceptable or can be adequately mitigated. An exception may be granted if the display ground has not been used by May 1 of the current year.

Modifications The boundaries of the stipulated area may be modified if the authorizing officer determines that portions of the area do not include any display grounds that have been used during the past 5 breeding seasons.

Resource: Bighorn Sheep Lambing Areas (TL) Stipulation Surface use is prohibited from April 1 through June 15 within 1 mile (line-of-sight) bighorn sheep lambing areas.

Objective (Justification) D-6 Oil and Gas Stipulations Appendix D For justification refer to the Land and Resource Management Plan Grassland-wide Direction, Fish, Wildlife, and Rare Plants, number 12. The objective is to safeguard lamb survival and prevent bighorn sheep displacement from lambing areas.

Application Methodology This stipulation applies to bighorn sheep lambing areas established outside of management area

3.51. This stipulation applies to drilling and testing and new construction projects, and does not apply to operation or maintenance of production facilities. Currently, there are no lambing areas or no areas within 1 mile of lambing areas that are outside MA 3.51 or 3.51A. This stipulation will be applied if bighorn sheep populations expand outside MA 3.51 or 3.51A.



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