appendix i - oil and gas stipulations introduction i: oil and gas stipulations i-1 appendix i - oil...

Appendix I: Oil and Gas Stipulations I-1

Appendix I - Oil and Gas Stipulations

IntroductionThis appendix displays the stipulations that would be applied in Alternatives 2-5 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 future 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’s make a determination based on this information.

All the following stipulations are consistent with existing land and resource management plan.

Definition of Terms• 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.

• 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 restric-tive criteria 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.

I-2 Appendix I: Oil and Gas Stipulations

Water

Controlled Surface Use (CSU)This stipulation applies to the Dakota Prairie Grasslands, the Thunder Basin National Grassla-nds, and the Nebraska National Forest.

Resource: Riparian Areas, Woody Draws, Wetlands, and Floodplains(see Appendix G for definitions)

StipulationSurface occupancy and use is subject to locating activities and facilities away from the water’s edge, and outside of riparian areas, woody draws, wetlands, and floodplains unless alternatives have been assessed and determined to be more environmentally damaging.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Water standard number 14. This stipulation is to protect the biological and hydrologic features of riparian areas, woody draws, wetlands, and floodplains.

Application MethodologyUse 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.

WaiversA waiver may be granted if it is determined that there are no riparian areas, woody draws, wetlands, and floodplains within the leasehold.

ExceptionsAn exception may be granted if the operator submits a plan which demonstrates that impacts from the proposed action can be adequately mitigated.

ModificationsThe boundaries of the stipulated area may be modified if it is determined that portions of the area do not include riparian areas, woody draws, wetlands, and floodplains.


Soils

Controlled Surface Use (CSU)This stipulation applies to the Dakota Prairie Grasslands, the Thunder Basin National Grass-land, and the Nebraska National Forest.

Resource: Slopes Greater than 40 Percent.

StipulationSurface occupancy and use is prohibited on slopes greater than 40 percent for soil-disturbing activities such as road and well-pad construction, unless analysis determines other alternatives are more environmentally damaging.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Soils standard number 6. To protect soil resources from loss of productivity, prevent erosion on steep slopes and resultant sedimentation .

Application MethodologyUse this stipulation on slopes greater than 40 percent.

WaiversA waiver may be granted if there are no slopes greater than 40 percent in the leasehold.

ExceptionsAn exception may be granted if the operator submits a plan which demonstrates that the proposed action will not impact the integrity of slopes greater than 40 percent.

ModificationsThe boundaries of the stipulated area may be modified if it is determined that portions of the area do not include slopes greater than 40 percent.

Resource: Slopes Between 25 - 40 Percent

StipulationSurface occupancy and use is prohibited on slopes between 25 - 40 percent with either highly erodible soils or soils susceptible to mass failure unless analysis determines other alternatives are more environmentally damaging.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction soils standard number 6. To protect soil resources from loss of productivity, provide protection to prevent erosion and resultant sedimentation from highly erodible soils and soils susceptible to mass failure.


Application MethodologyThis stipulation will not apply to those areas of slopes between 25 - 40 percent where it is determined there are no highly erodible soils, or soils susceptible to mass failure.

WaiversA waiver may be granted if there are no highly erodible soils or soils susceptible to mass failure on slopes between 25 to 40 percent in the leasehold.

ExceptionsAn exception may be granted if the operator submits a detailed engineering plan which demonstrates that impacts from the proposed action can be adequately mitigated.

ModificationsThe boundaries of the stipulated area may be modified if it is determined that portions of the area do not include slopes between 25 to 40 percent with highly erodible soils or soils suscep-tible to mass failure.

Recreation

Controlled Surface Use (CSU)This stipulation applies to the Thunder Basin National Grassland

Resource: Dispersed Recreation Sites

StipulationNoise from oil and gas production facilities will not exceed 70 decibels (as measured by the A-weighted sound level [dBA] system of measurement) within 400 meters of the high water line in the following areas:

• Weston Reservoir: T54N, R70W, Section 19

• Upton Cent. No 2: T47N, R65W, Section 11

• Kellog Dam: T47N, R63W, Section 17

• Upton Bass Pond: T48N, R65W, Section 12

• Turner Reservoir: T47N, R63W, Section 21

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Recreation General guideline number 2. The objective is to maintain the recreation opportunities and settings within dispersed recreation sites.

Application MethodologyThis stipulation applies to oil and gas production activities that are not temporary in nature. It does not apply to drilling, work-over rigs, or other temporary activities.


WaiversA waiver may be granted if the fisheries within the dispersed recreation sites in the leasehold no longer exist.

ExceptionsAn exemption may be granted if the fisheries within the dispersed recreation sites in the leasehold no longer exist.

ModificationsThe boundaries of the stipulated area may be modified if portions of the area do not include dispersed recreation sites.

No Surface Occupancy (NSO)This stipulation applies to the Dakota Prairie Grasslands

Resource: Developed Recreation Sites

StipulationNo surface occupancy or use is allowed within developed recreation sites.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Recreation, Developed Recreation Sites standard number 10. The objective is to maintain the recreation opportunities and settings within developed recreation sites

Application MethodologyUse this stipulation in developed recreation sites.

WaiversA waiver may be granted if the developed recreation sites in the leasehold are permanently closed.

ExceptionsAn exemption may be granted if a developed recreation site in the leasehold is permanently closed.

ModificationsThe boundaries of the stipulated area may be modified if portions of the area do not include developed recreation sites.


Paleontology


Resource: Fossils

StipulationSurface occupancy and use will not be allowed if there will be adverse impacts to significant fossils.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Paleontological Resources standard number 4. The objective is to protect fossils and immediate environment of the site, including inherent scientific, natural history, interpretive, educational, and recreational values for the area potentially impacted.

Application MethodologyUse this stipulation for Class 3, 4, and 5 formations as described in Appendix J. The predeve-lopment survey protocol is described in Appendix J.

WaiversA waiver may be granted if there are no Class 3, 4, or 5 formations in the leasehold.


ModificationsThe boundaries of the stipulated area may be modified if portions of the area do not include significant fossils as described in Appendix J and FSM 2883 (R1 supplement for DPG ).

Wildlife

Timing Limitation (TL)This stipulation applies to the following wildlife resources on the Thunder Basin National Grassland: bald eagles, peregrine falcons, merlin, and mountain plover.

Resource: Bald eagle


StipulationNo surface use is allowed within one mile of active bald eagle winter roosting areas from November 15 through February 29, if disturbance could cause an adverse effect.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Bald Eagle standard number 2. The objective is to minimize disturbance to bald eagle winter roost areas during periods of roosting.

Application MethodologyApply the stipulation to roost areas active within the previous 5 years. This stipulation applies to drilling and testing and new construction projects, not to operation or maintenance of production facilities.

WaiversA waiver may be granted if there are no bald eagle roost areas in the leasehold


ModificationsThe boundaries of the stipulated area may be modified if portions of the area do not include winter roosting areas.

StipulationNo surface use is allowed within one mile of active bald eagle nest sites from February 1 through July 31, if disturbance could cause nest abandonment or failure.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Bald Eagle standard number 3. The objective is to minimize disturbance to bald eagle nest sites during periods of breeding, incubation and fledging.

Application MethodologyApply the stipulation to nest areas active within the previous 5 years. This stipulation applies to drilling and testing and new construction projects, not to operation or maintenance of production facilities.

WaiversA waiver may be granted if there are no active nest sites in the leasehold or it is determined the nest site(s) have been completely abandoned or destroyed.



ModificationsThe boundaries of the stipulated area may be modified if portions of the area do not include active nest sites or the nest site(s) have been completely abandoned or destroyed.

Resource: Peregrine falcon

StipulationNo surface use is allowed within one mile of active peregrine falcon nest sites from February 1 through July 31, if disturbance could cause nest abandonment or failure.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Peregrine Falcon standard number 2. The objective is to minimize disturbance to peregrine falcon nest sites during periods of breeding, incubation and fledging.

Application MethodologyApply the stipulation to nest sites active within the previous 5 years. This stipulation applies to drilling and testing and new construction projects, not to operation or maintenance of produc-tion facilities.




Resource: Merlin

StipulationNo surface use is allowed within 1/2 mile of active merlin nest sites from March 15 through July 15, if disturbance could cause nest abandonment or failure.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Merlin standard number 1. The objective is to minimize disturbance to merlin nest sites during periods of breeding, incubation and fledging.






Resource: Mountain plover

StipulationNo surface use is allowed within a mountain plover use area, rookery or 1/4 mile of a nest from March 1 through July 31, if disturbance would likely cause nest abandonment or failure.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Mountain Plover standard number 1. The objective is to minimize disturbance if it would likely cause nest abandonment or failure.

Application MethodologyApply the stipulation to mountain plover use areas, rookeries, or nests. This stipulation applies to drilling and testing and new construction projects, not to operation or maintenance of production facilities.

WaiversA waiver may be granted if it is determined there are no mountain plover use areas, rookeries, or nests in the leasehold.


Modifications The boundaries of the stipulated area may be modified if it is determined that portions of the area do not include mountain plover use areas, rookeries, or nests .


Timing Limitation (TL)This stipulation applies to the following wildlife resources on the Dakota Prairie Grasslands, the Thunder Basin National Grassland, and the Nebraska National Forest: ferruginous hawk, burrowing owl, sharp-tail grouse, and sage grouse.

Resource: Ferruginous hawk

StipulationNo surface use is allowed within one mile of active ferruginous hawk nest sites from March 1 through July 31, if disturbance could cause nest abandonment or failure.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Ferruginous Hawk standard number 1. The objective is to minimize disturbance to ferruginous hawk nest sites during periods of breeding, incubation and fledging.





Resource: Burrowing owl

StipulationNo surface use is allowed within 1/4 mile of active burrowing owl nest sites from May 1 through July 31, if disturbance could cause habitat degradation, nest abandonment, or failure.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Burrowing Owl standard number 1. The objective is to minimize disturbance to burrowing owl habitat or nest sites during periods of breeding, incubation, and fledging.



WaiversA waiver may be granted if there are no active nest sites in the leasehold or the nest site(s) have been completely abandoned or destroyed.



Resource: Sharp-tail grouse

StipulationNo surface use is allowed within 1 mile of a sharp-tail grouse display ground from March 1 through June 15, if disturbance would likely cause disruption of breeding or abandonment of the display ground.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Upland Game Birds standard number 5. The objective is to minimize disturbance if it would likely cause disruption of breeding or abandonment of the display ground.

Application MethodologyApply the stipulation to display grounds. This stipulation applies to drilling and testing and new construction projects, not to operation or maintenance of production facilities.

WaiversA waiver may be granted if there are no display grounds in the leasehold.


ModificationsThe boundaries of the stipulated area may be modified if it is determined that portions of the area do not include display grounds.

Resource: Sage grouse

StipulationNo surface use is allowed within 2 miles of a sage grouse display ground from March 1 through June 15, if disturbance would likely cause disruption of breeding or abandonment of the display ground.


Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Sage Grouse standard number 1. The objective is to minimize disturbance if it would likely cause disruption of breeding or abandonment of the display ground.

Application MethodologyApply the stipulation to display grounds. This stipulation applies to drilling and testing and new construction projects, not to operation or maintenance of production facilities.



ModificationsThe boundaries of the stipulated area may be modified if portions of the area do not include display grounds.

Timing Limitation (TL)This stipulation applies to the following wildlife resource in the Dakota Prairie Grasslands: bighorn sheep.

Resource: Bighorn sheep

StipulationNo surface use within bighorn sheep lambing areas from April 1 through June 15, if such activi-ties would adversely impact lamb survival.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Bighorn Sheep standard number 2. The objective is to avoid adversely impacting lamb survival.

Application MethodologyApply the stipulation to lambing areas. This stipulation applies to drilling and testing and new construction projects, not to operation or maintenance of production facilities. The Moody Plateau Sheep Study results are being analyzed. Results of the report may indicate other condi-tions under which this stipulation may be applied or under which Waivers, Exemptions, or Modifications (WEMs) may be granted.

WaiversA waiver may be granted if there are no lambing areas in the leasehold.



ModificationsThe boundaries of the stipulated area may be modified if portions of the area do not include lambing areas.

StipulationNo surface use within bighorn sheep breeding range from October 15 through November 30, if such activities would adversely impact sheep breeding.

Objective (Justification): Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife bighorn Sheep standard number 2. The objective is to avoid adversely impacting sheep breeding.

Application MethodologyApply the stipulation to bighorn sheep breeding range. This stipulation applies to drilling and testing and new construction projects, not to operation or maintenance of production facilities. The Moody Plateau Sheep Study results are being analyzed. Results of the report may indicate other conditions under which this stipulation may be applied or under which WEMs may be granted.

WaiversA waiver may be granted if there are no breeding range in the leasehold.


ModificationsThe boundaries of the stipulated area may be modified if portions of the area do not include breeding range.

StipulationNo surface use within bighorn sheep winter range from December 1 through March 31, if such activities would adversely impact sheep.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Bighorn Sheep standard number 2. The objective is to avoid adversely impacting sheep.

Application MethodologyApply the stipulation to bighorn sheep winter range. This stipulation applies to drilling and testing and new construction projects, not to operation or maintenance of production facilities. The Moody Plateau Sheep Study results are being analyzed. Results of the report may indicate other conditions under which this stipulation may be applied or under which WEMs may be granted.

WaiversA waiver may be granted if there are no winter range in the leasehold.



ModificationsThe boundaries of the stipulated area may be modified if portions of the area do not include winter range.

Timing Limitation (TL)This stipulation applies to the following wildlife resource on the Nebraska National Forest: swift fox.

Resource: Swift fox

StipulationNo surface use within 1/4 mile of swift fox dens from March 1 through July 30, if such activities would cause den abandonment or displacement of fox from the local area.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Swift Fox standard number 3. The objective is to avoid adversely impacting swift fox.

Application MethodologyApply the stipulation to swift fox dens. This stipulation applies to drilling and testing and new construction projects, not to operation or maintenance of production facilities.

WaiversA waiver may be granted if there are no dens in the leasehold.


ModificationsThe boundaries of the stipulated area may be modified if portions of the area do not include swift fox dens.


Controlled Surface Use (CSU)This stipulation applies to the following wildlife resources on the Dakota Prairie Grasslands, the Thunder Basin National Grassland, and the Nebraska National Forest: raptors, sharp-tail grouse, and sage grouse.

Resource: Raptors (bald eagle, peregrine falcon, goshawk,ferruginous hawk, praire falcon, Swainson’s hawk, and golden eagle)

StipulationDo not construct or place structures, roads, or facilities within 1/2 mile of an active nest if it would likely result in degradation of nesting habitat, nest abandonment, or failure.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Bald Eagle, Peregrine Falcon, Goshawk, Ferruginous Hawk, Praire Falcon, Swainson’s Hawk and Golden Eagle standard number 1. The objective is to prevent degradation of nesting habitat, nest abandonment, or failure.

Application MethodologyApply to nest sites active within the previous 5 years.

WaiversA waiver may be granted if there no active nest sites in the leasehold or it is determined the nest site(s) have been completely abandoned or destroyed.



Resource: Sharp-tail grouse

StipulationDo not construct or place structures, roads, or facilities within 1/4 mile of a sharp-tail grouse display ground if disturbance would likely cause disruption of breeding or abandonment of the display ground.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Upland Game Birds standard number 4. The objective is to minimize disturbance if it would likely cause disruption of breeding or abandonment of the display ground.

Application MethodologyApply to sharp-tail grouse display grounds.





Resource: Sage grouse

StipulationDo not construct or place structures, roads, or facilities within 1/4 mile of a sage grouse display ground if disturbance would likely cause disruption of breeding or abandonment of the display ground.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Sage Grouse standard number 2. The objective is to minimize disturbance if it would likely cause disruption of breeding or abandonment of the display ground.

Application MethodologyApply to sage grouse display grounds.




Controlled Surface Use (CSU)This stipulation applies to the following wildlife resource on the Dakota Prairie Grasslands: bighorn sheep.


StipulationRestrict new developments, including new facilities, roads, and concentrations of humans within 1 mile line of sight of bighorn sheep lambing areas, if such activities would adversely impact lamb survival.


Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Fish and Wildlife Bighorn Sheep standard number 2. The objective is to avoid adversely impacting lamb survival.

Application MethodologyApply to bighorn sheep lambing areas. The Moody Plateau Sheep Study results are being analyzed. Results of the report may indicate other conditions under which this stipulation may be applied or under which WEMs may be granted.

WaiversA waiver may be granted if there are no lambing areas in the leasehold.


ModificationsThe boundaries of the stipulated area may be modified if portions of the area do not include lambing areas.

Scenery Management

High Scenic Integrity Objective (SIO) Areas


Resource: Scenery

StipulationSurface occupancy and use is subject to operational constraints to maintain the landscape character intact. Deviations may be present but must repeat the form, line, color, texture, and pattern common to the landscape character so completely and to such scale that they are not evident.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Scenery Management guideline number 1. The objective is to maintain the Scenic Integrity Objective (SIO) for areas identified as high.


Application MethodologyUse this stipulation on areas identified as high on the adopted SIO map. Operational constraints may include utilizing topgographic/vegetative screening, matching color tones of facilities with surrounding topographic features, orienting the well pad/facilities, redesigning production facilities to such scale that they may not be evident, or placing facilities outside the high SIO area.

WaiversA waiver may be granted if there no high SIO areas in the leasehold

ExceptionsNo conditions for an exception are anticipated, and approval of an exception is unlikely.

ModificationsThe boundaries of the stipulated area may be modified if portions of the area do not include high SIO areas.

Moderate Scenic Integrity Objective (SIO) Areas


Resource: Scenery

StipulationSurface occupancy and use is subject to operational constraints to maintain a landscape character that is no more than slightly altered. Noticeable deviations must remain visually subordinate to the landscape character being viewed.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Scenery Management guideline number 1. The objective is to maintain the scenic integrity objective (SIO) for areas identified as moderate.

Application MethodologyUse this stipulation on areas identified as moderate on the adopted SIO map. Operational constraints may include utilizing topgographic/vegetative screening, matching color tones of facilities with surrounding topographic features, orienting the well pad/facilities, redesigning production facilities to such scale that they are visually subordinate to the landscape, or placing facilities outside the moderate SIO area.

WaiversA waiver may be granted if there are no moderate SIO areas in the leasehold.



ModificationsThe boundaries of the stipulated area may be modified if portions of the area do not include moderate SIO areas.

Heritage

No Surface Occupancy (NSO)This stipulation applies to the Dakota Prairie Grasslands and the Nebraska National Forest.

Resource: National Register eligible heritage sites

Stipulation:No surface occupancy or use is allowed within National Register eligible heritage sites.

Objective (Justification)Reference Land and Resource Management Plan Grasslandwide Direction Heritage Resources standard number 6. The objective is to protect National Register eligible heritage sites and immediate environment of the site.

Application MethodologyUse this stipulation for National Register eligible heritage sites greater than 200 meters in radius.

WaiversNo conditions for a waiver are anticipated, and approval of a waiver would be unlikely.

ExceptionsNo conditions for an exception are anticipated, and approval of an exception would be unlikely.

ModificationsNo conditions for a modification are anticipated, and approval of a modification would be unlikely.

Management Area Prescriptions

No Surface Occupancy (NSO)This stipulation applies to the following management areas on the Dakota Prairie Grasslands and the Thunder Basin National Grassland: MA 1.2, MA 1.31, and MA 2.2.


MA 1.2 Recommended for Wilderness

Resource: Potential wilderness

StipulationNo surface occupancy or use is allowed within areas recommended for wilderness .

Objective (Justification)Reference Land and Resource Management Plan Management Area Direction MA 1.2 Recommended for Wilderness, minerals and energy resources standard number 2. The objective is to maintain those characteristics which retain eligibility for wilderness considera-tion.

Application MethodologyUse this stipulation in MA 1.2

WaiversA waiver may be granted if the areas are released from further consideration for wilderness designation.


ModificationsApproval of a modification would be unlikely; however a modification may be granted if a portions of the area are released from further consideration for wilderness designation.

MA 1.31 Backcountry Recreation Nonmotorized

Resource: Backcountry areas

StipulationNo surface occupancy or use is allowed within boundaries of backcountry nonmotorized management areas.

Objective (Justification)Reference Land and Resource Management Plan Management Area Direction MA 1.31 Backcountry Recreation Nonmotorized, minerals and energy resources standard number 2. The objective is to retain recreation opportunities in a natural-appearing landscape.


WaiversNo conditions for a waiver are anticipated, and approval of a waiver would be unlikely. Do we want a drainage clause in this MA??




MA 2.2 Research Natural Areas

Resource: Research natural areas

StipulationNo surface occupancy or use is allowed within the established boundaries of the research natural area.

Objective (Justification)Reference Land and Resource Management Plan Management Area Direction 2.2 Research Natural Areas, minerals and energy resources standard number 1. The objective is to maintain natural conditions for research purposes and protect against activities which directly or indirectly modify the natural occurring ecological processes within the RNA.

Application MethodologyUse this stipulation in Management Area 2.2 RNA in the following areas:

Dakota Prairie Grasslands Thunder Basin National GrasslandBear Den-Bur Oak, Rock CreekCottonwood Creek Badlands Wildlife DrawLittle Missouri RiverMike’s CreekPonderosa PinesBlue Stem Meadow

All access and other development and production-related facilities will be prohibited.

WaiversA waiver may be granted if the proposed activities do not modify the naturally occurring ecological processes.


ModificationsNo conditions for a modification are anticipated, and approval of a modification is unlikely.


No Surface Occupancy (NSO)This stipulation applies to the following management areas on the Dakota Prairie Grasslands: MA 1.5 and MA 3.51.

MA 1.5 National River System: Wild Rivers Recommended

Resource: Wild river

StipulationNo surface occupancy or use is allowed within boundaries of a recommended wild river.

Objective (Justification) Reference Land and Resource Management Plan Management Area Direction MA 1.5 National River System: Wild Rivers Recommended, FSH 1909.12 ,8.21e standards for wild rivers. The objective is to perpetuate the characteristics of the designated wild river segments.





MA 3.51 Bighorn Sheep


StipulationNo surface occupancy or use is allowed within MA 3.51

Objective (Justification)Reference Land and Resource Management Plan Management Area Direction MA 3.51 Bighorn Sheep minerals and energy resources standard number 1. The objective is to achieve optimum habitat suitability for bighorn sheep

Application MethodologyApply the stipulation to MA 3.51. The Moody Plateau Sheep Study results are being analyzed. Results of the report may indicate other conditions under which this stipulation may be applied or under which WEMs may be granted.


WaiversA waiver may be granted if results of Moody Plateau Sheep Study indicate conditions under which a waiver may be granted.

ExceptionsAn exception may be granted if results of Moody Plateau Sheep Study indicate conditions under which an exception may be granted.

ModificationsA modification may be granted if results of Moody Plateau Sheep Study indicate conditions under which a modification may be granted.

No Surface Occupancy (NSO)This stipulation applies to the Thunder Basin National Grassland

MA 2.1 Special Interest Areas - Heritage Resources

Resource: Cellars Teepee and Walker Teepee Rings archeological sites

StipulationNo surface occupancy or use is allowed within the boundaries of Cellars Teepee and Walker Teepee Rings SIAs

Objective (Justification)Reference Land and Resource Management Plan Management Area Direction 2.1 SIAs, Cellars Teepee and Walker Teepee Rings standard number 8. The objective is to protect the heritage resources .

Application MethodologyUse this stipulation in Management Area 2.1 SIAs, Cellars Teepee and Walker Teepee Rings.





No Surface Occupancy (NSO)This stipulation applies to the following Special Interest Areas (SIAs) on the Nebraska National Forest: paleontology, geology and heritage.

MA 2.1 Special Interest Area - Paleontology, Geology

Resource: Fossils, geologic type sections, and biostratigraphictype sections

StipulationNo surface occupancy or use is allowed within the boundaries of Toadstool Park SIA

Objective (Justification)Reference Land and Resource Management Plan Management Area Direction 2.1 SIAs, Toadstool Park standard number 2. The objective is to protect fossils, geologic and biostra-tigraphic type sections, and immediate environment of the site, including inherent scientific, natural history, interpretive, educational, and recreational values for the area potentially impacted.

Application MethodologyUse this stipulation in Management Area 2.1 SIAs, Toadstool Park.

WaiversNo conditions for a waiver are anticipated.

ExceptionsNo conditions for an exception are anticipated.

ModificationsNo conditions for a modification are anticipated.

MA 2.1 Special Interest Areas - Heritage Resources

Resource: Hudson-Meng Bison Bonebed and Warbonnet/Yellowhandarcheological sites

StipulationNo surface occupancy or use is allowed within the boundaries of Hudson-Meng Bison Bonebed and Warbonnet/Yellowhand SIAs

Objective (Justification)Reference Land and Resource Management Plan Management Area Direction 2.1 SIAs, Hudson-Meng Bison Bonebed and Warbonnet/Yellowhand SIAs standard number 1. The objective is to protect the heritage resources .


Application MethodologyUse this stipulation in Management Area 2.1 SIAs, Hudson-Meng Bison Bonebed and Warbonnet/Yellowhand.



ModificationsNo conditions for a modification are anticipated and approval of a modification would be unlikely.

Controlled Surface Use (CSU)This stipulation applies to the Dakota Prairie Grasslands

MA 2.1 Special Interest Areas - Geology

Resource: Bullion Creek Formation Type Section, Slope FormationType Section, and the Cannonball/Slope Formation Outcrop

Stipulation:Surface occupancy and use will not be allowed unless it is determined that the proposed action will not disturb the geologic outcrops.

Objective (Justification)Reference Land and Resource Management Plan Management Area Direction MA 2.1 Special Interest Areas (SIA), Bullion Creek Formation Type Section, Slope Formation Type Section, and the Cannonball/Slope Formation Outcrop standard number 1. The objective is to protect against activities will directly or indirectly modify or destroy geologic outcrops, in order to maintain them in a condition to allow geologic scientific research.

Application MethodologyUse this stipulation in MA 2.1 SIAs, Bullion Creek Formation Type Section, Slope Formation Type Section, and the Cannonball/Slope Formation Outcrop. All access and other development- and production-related facilities will be allowed under the conditions described in the stipulation.





Controlled Surface Use (CSU)This stipulation applies to the following management areas on the Thunder Basin National Grassland: MA 2.1, zoological and paleontology and MA 3.63, black-footed ferret reintroduction habitat.

MA 2.1 Special Interest Areas - Zoological

Resource: Cheyenne River Zoological Area

StipulationSurface occupancy and use will not be allowed unless it is determined that the proposed action will not have adverse effects on black-footed ferret reintroduction objectives.

Objective (Justification)Reference Land and Resource Management Plan Management Area Direction MA 2.1 SIAs Cheyenne River standard number 3. The objective is to protect against activities that will adversely impact black-footed ferret reintroduction objectives.

Application MethodologyUse this stipulation in MA 2.1 SIA, Cheyenne River Zoological.




MA 2.1 Special Interest Area - Paleontology

Resource: Fossils

StipulationSurface occupancy and use requires monitoring by a Forest Service-approved paleontologist during all ground-disturbing activities. Mitigate development impacts to any significant site.

Objective (Justification)Reference Land and Resource Management Plan Management Area Direction 2.1 SIAs, Thunder Basin Paleontological standard number 3. The objective is to protect fossils and immediate environment of the site, including inherent scientific, natural history, interpretive, educational, and recreational values for the area potentially impacted.

Application MethodologyUse this stipulation in Management Area 2.1 SIAs, Thunder Basin Paleontological.





MA 3.63 Black-footed Ferret Reintroduction Habitat

Resource: Black-footed ferret reintroduction habitat

StipulationSurface occupancy and use will not be allowed unless it is determined that the proposed action will not have adverse effects on black-footed ferret reintroduction objectives.

Objective (Justification)Reference Land and Resource Management Plan Management Area Direction MA 3.63 minerals and energy resources standard number 1. The objective is to protect against activities that will adversely impact black-footed ferret reintroduction objectives.

Application MethodologyUse this stipulation in MA 3.63, black-footed ferret reintroduction habitat.

WaiversNo conditions for a waiver are anticipated, and approval of a waiver is unlikely.


ModificationsNo conditions for a modification are anticipated, and approval of a modification is unlikely.

Controlled Surface Use (CSU)This stipulation applies to the following management areas on the Nebraska National Forest: Paleontology

MA 2.1 Special Interest Area - Paleontology

Resource: Fossils

StipulationSurface occupancy and use requires monitoring by a Forest Service-approved paleontologist during all ground-disturbing activities. Mitigate development impacts to any significant site.


Objective (Justification)Reference Land and Resource Management Plan Management Area Direction 2.1 SIAs, Edgemont Shark Locality, Marietta South, One-Mile Hill, Wallace Ranch Localities, and Indian Creek standard number 2. The objective is to protect fossils and immediate environment of the site, including inherent scientific, natural history, interpretive, educational, and recreational values for the area potentially impacted.

Application MethodologyUse this stipulation in Management Area 2.1 SIAs, Edgemont Shark Locality, Marietta South, One-Mile Hill, Wallace Ranch Localities, and Indian Creek.




Timing LimitationThis stipulation applies to the following resources in the 3.68 Management Areas on the Thunder Basin National Grassland: Deer, elk, and pronghorn habitat and elk.

MA 3.68 Big Game Range

Resource: Deer, elk, and pronghorn habitat

StipulationSurface occupancy and use is subject to the following operating constraints: within winter range, drilling and development, work-over rigs, and other activities that would reduce habitat effectiveness are prohibited from December 15 through March 15.

Objective (Justification):Reference Land and Resource Management Plan Management Area Direction MA 3.68 Big Game Range minerals and energy resources guideline number 2. The objective is to avoid adversely impacting big game winter range.

Application MethodologyApply the stipulation to big game winter range. This stipulation applies to drilling and testing, new construction, and work-over rigs. Other routine well operation and maintenance activities (to keep the well from being shut-in) are allowed, if they do not reduce habitat effectiveness.

WaiversA waiver may be granted if there is no winter range in the leasehold.



ModificationsThe boundaries of the stipulated area may be modified if portions of the area do not include winter range.

Resource: Elk

StipulationSurface occupancy and use is subject to the following constraints: drilling and development, work-over rigs, and other activities that would reduce habitat effectiveness are prohibited from May 1 through June 31 (during parturition within calving areas).

Objective (Justification)Reference Land and Resource Management Plan Management Area Direction MA 3.68 Big Game Range minerals and energy resources guideline number 3. The objective is to avoid adversely impacting elk calving areas during parturition.

Application MethodologyApply the stipulation to elk calving areas. This stipulation applies to drilling and testing and new construction and work-over rigs. Other routine well operation and maintenance activities (to keep the well from being shut-in) are allowed, if they do not reduce habitat effectiveness.

WaiversA waiver may be granted if there are no elk calving areas in the leasehold.


ModificationsThe boundaries of the stipulated area may be modified if portions of the area do not include elk calving areas.


Appendix I - TOC

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1Definition of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1Water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-2Controlled Surface Use (CSU) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-2Soils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-3Controlled Surface Use (CSU) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-3Recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-4Controlled Surface Use (CSU) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-4No Surface Occupancy (NSO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-5Paleontology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-6Controlled Surface Use (CSU) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-6Wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-6Timing Limitation (TL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-6Timing Limitation (TL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-10Timing Limitation (TL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-12Timing Limitation (TL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-14Controlled Surface Use (CSU) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-15Controlled Surface Use (CSU) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-16Scenery Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-17High Scenic Integrity Objective (SIO) Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-17Controlled Surface Use (CSU) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-17Moderate Scenic Integrity Objective (SIO) Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-18Controlled Surface Use (CSU) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-18Heritage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-19No Surface Occupancy (NSO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-19Management Area Prescriptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-19No Surface Occupancy (NSO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-19MA 1.2 Recommended for Wilderness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-20MA 1.31 Backcountry Recreation Nonmotorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-20MA 2.2 Research Natural Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-21No Surface Occupancy (NSO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-22MA 1.5 National River System: Wild Rivers Recommended . . . . . . . . . . . . . . . . . . . . . . . . . . I-22MA 3.51 Bighorn Sheep . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-22No Surface Occupancy (NSO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-23MA 2.1 Special Interest Areas - Heritage Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-23No Surface Occupancy (NSO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-24MA 2.1 Special Interest Area - Paleontology, Geology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-24MA 2.1 Special Interest Areas - Heritage Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-24Controlled Surface Use (CSU) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-25MA 2.1 Special Interest Areas - Geology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-25Controlled Surface Use (CSU) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-26MA 2.1 Special Interest Areas - Zoological . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-26MA 2.1 Special Interest Area - Paleontology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-26MA 3.63 Black-footed Ferret Reintroduction Habitat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-27Controlled Surface Use (CSU) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-27


MA 2.1 Special Interest Area - Paleontology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-27Timing Limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-28MA 3.68 Big Game Range . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-28

appendix i - oil and gas stipulations introduction i: oil and gas stipulations i-1 appendix i - oil...

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