US Army Corps of Engineers Omaha District

Garrison / Project Oil and Gas Management Plan

North Dakota

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March 2020

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

Table of Contents 1 Introduction ...... 1 1.1 Project Authorization ...... 1 1.2 Garrison Project Background and Overview ...... 1 1.3 Authority to Manage Federal Property for Authorized Purposes ...... 3 2 Oil and Gas Management Policy...... 3 3 Mineral Ownership at the Garrison Project ...... 4 3.1 Split Estate and the Dominant Estate Doctrine in ...... 4 3.2 Mineral Ownership...... 5 4 Oil and Gas Activities on the Garrison Project ...... 5 5 Applicant Process for Oil and Gas Activities on the Garrison Project ...... 11 5.1 Applicant Process ...... 11 6 Applicant Requirements for the Preparation of a Surface Use Plan of Operations ...... 13 6.1 Surface Use Plan of Operations (SUPO) Overview ...... 13 7 Surface Inspection ...... 13 8 References ...... 15

List of Figures Figure 1 /Lake Sakakawea Project ...... 2 Figure 2 Example of Horizontal Well Legs at Lake Sakakawea, ND ...... 6 Figure 3 Crude Oil Pipelines in North Dakota ...... 7 Figure 4 Natural Gas Pipelines in North Dakota ...... 8 Figure 5 Other Product Pipelines in North Dakota ...... 8

Figure 6 CO2 Pipeline in North Dakota ...... 9 Figure 7 Pipelines at the Garrison Project...... 9 Figure 8 Crude Oil Price PerDRAFT Barrel 1976-2016 ...... 10 Figure 9. Decision Tree for Real Estate Actions ...... 12

Management Plan

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

Appendices

Appendix A - Applicant Instructions for the Preparation of a Surface Use Plan of Operations

Appendix B - Oil and Gas Inspection Checklist

Appendix C - Oil and Gas Reclamation Guidelines

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Management Plan

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

1 Introduction 1.1 Project Authorization The Garrison Dam/Lake Sakakawea Project was authorized on December 22, 1944, by the Control Act of 1944, Public Law (P.L.) 534, 78th Congress, 2nd session, along with four other main stem projects -- Gavins Point, Fort Randall, Big Bend, and Oahe. These five main stem are elements of the comprehensive development program in the Missouri River Basin, known as the Pick-Sloan Plan. , located in northern , was constructed before the Pick-Sloan Plan, but is operated as part of the Missouri River System.

1.2 Garrison Project Background and Overview Garrison Dam and Lake Sakakawea, the impoundment created by Garrison Dam, is the third largest man-made lake in the . The Army Corps of Engineer’s Garrison Dam/Lake Sakakawea Project (Garrison Project) is a multi-purpose project on the Missouri River in western North Dakota (see Figure 1). Authorized for , navigation, , , municipal and industrial water supply, fish and wildlife, recreation, water quality, the Garrison Dam/Lake Sakakawea Project creates an approximately 178-mile long pool on the main stem of the Missouri River. Completed in 1956, the covers approximately 368,000 acres,1 creating more than 1,500 miles of shoreline, holding more than 23 million acre-feet of water at full pool, and has more than 85,000 acres of surrounding Garrison Project lands (USACE, 2007).

As shown in Figure 1, about 55,000 surface acres of Lake Sakakawea and about 600 miles of its shoreline are included within the boundaries of the Reservation (USACE, 2007); within the Fort Berthold Reservation are the Three Affiliated Tribes (the , , and Arikara Nation).

When the USACE acquired the acreage for the Garrison Dam/Lake Sakakawea Project, land acquisition was restricted to the minimum that would serve the operation and maintenance requirements and meet the readily foreseeable public access demand (USACE, 2007). The guide contour line was set at 1,854 feet above mean sea level (msl) for the majority of the Garrison Project and slightly higher elevations in the headwaters area.2 Because the land acquisition was set at an elevation with a secondary objective of acquiring the minimum acreage necessary, the property owned by the USACE surrounding Lake Sakakawea is a narrow ring (i.e., bathtub ring) that is not visually discernable at a map scale that includes the entire Garrison Project. Parcels were also put under flowage easement. These flowage easement parcels are privately owned, and allow the USACE to flood the parcel as a component of the reservoir. All aspects of this Oil & Gas Management Plan apply to flowage easements. DRAFT

______1 At the top of the multi-purpose pool elevation of 1850.0 feet MSL. 2 The guide contour line (or guide acquisition line) was established by using expected water elevations based on either a maximum operating pool or the area affected by backwater, aggradation, bank caving, and erosion due to wind effects and wave actions (USACE, 2007).

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Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

Figure 1 Garrison Dam/Lake Sakakawea Project

a, •

Minnesota

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Legend

• Garrison Dam •• Lake Sakakawea

- Army Corps of Engineers Property

-J'\...-- Missouri River

- Highway

-- Major Road OtJ rn

-- Major Railroad Lines LJ Counties rt, Urban Areas Native American Reservation

N OIIV"•' 0 10 20 Miles A

The Garrison Dam/Lake Sakakawea Project additionally includes approximately 30,000 acres of Missouri River riverbed, owned by the State of North Dakota as Sovereign lands, which was not acquired by the Army Corps of Engineers (USACE, 1985). North Dakota’s Sovereign Lands are managed and administered through the North Dakota State Water Commission. Applicants crossing State sovereign lands are required to seek relevant permits through the State.

In 1951, oil was first discovered in North Dakota near the town of Tioga approximately 10 miles north of the Missouri River in the eastern portion of Williams County within the vast oil-bearing structure called the WillistonDRAFT Basin. The basin extends from South Dakota to southern Saskatchewan and Manitoba and from central North Dakota to central Montana. The United States Geological Survey (USGS) has estimated3 3.8 billion barrels of oil, 3.7 trillion cubic feet of natural gas, and 0.2 billion barrels of natural gas liquids within the entire Williston Basin (USGS, 2009). The crude oil found in the Williston Basin is a high quality "light" crude (USACE, 2007).

3 Mean undiscovered volume.

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Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

Within the Williston Basin, the Bakken Formation4 has been the focus of much of the increases in oil and gas exploration and extraction and is a continuous accumulation of oil and gas reserves that underlies much of western North Dakota, including all of the Garrison Dam/Lake Sakakawea Project. Beginning in late-2008, successful wells were drilled into the Bakken Formation using horizontal drilling technology and hydraulic fracturing (hydrofracking). The application of these techniques allowed access to significant oil reserves that had been previously inaccessible.

1.3 Authority to Manage Federal Property for Authorized Purposes The federal government has authority to manage federal property under the U.S. Constitution. In the Flood Control Act of 1944 (Pub. L. 78-534), Congress authorized USACE to construct, operate and maintain the Missouri River mainstem and reservoirs for eight project purposes: flood control; navigation; hydro-electric power; water supply; fish and wildlife; recreation; irrigation and water quality. The USACE has exclusive jurisdiction to regulate the use of the Garrison Project lands and waters for those project purposes, and actions proposed to occur on Garrison Project lands must be reviewed on a case by case basis.

Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 408) (Section 408) provides that it is unlawful for any person(s) to take possession of, make use of, build upon, alter, deface, destroy, move, injure, or in any manner whatever impair the usefulness of any work built by the United States for the preservation and improvement of any of its navigable waters, or to prevent without prior USACE permission. This permission may only be granted if the appropriate official determines the occupation or use will not be injurious to the public interest and will not impair the usefulness of such work.

2 Oil and Gas Management Policy The Omaha District has established an Oil and Gas Management Policy (USACE, 2014), designed to provide guidance to Omaha District personnel for the development of leasable minerals under lands managed by the U.S Army Corps of Engineers (USACE), Omaha District (District) and for the management of mineral exploration and production activities on those same lands. In part, that policy asserts:

“It is the policy of the Omaha District to exercise its authorities to manage oil and gas activities at and near its Civil Works projects in a manner that protects public health and safety, USACE personnel and project purposes….This policy is applicable to federal property managed by USACE for project purposes and easements acquired for project operations. The District’s ability to regulate certain activities is determined on a case by case basis, this policy also sets out the information each project shall collect whenever there is an applicationDRAFT associated with oil and gas exploration and development, and whenever project personnel identify an activity on or near USACE project land that may

4 The Bakken Formation is a relatively thin, widespread geologic unit consisting of three stratigraphic members: an upper shale member, and middle siltstone-sandstone carbonate member, and a lower shale member. Each succeeding member is of greater geographic extent than the underlying member and the maximum thickness of the Bakken Formation is about 180 feet. 5 The use of the term “alteration” in this document also includes “occupation” and “use” and refers to any action by any entity other than USACE that builds upon, alters, improves, moves, occupies, or otherwise affects the usefulness, or the structural or ecological integrity, of a USACE project (USACE, 2015).

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Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

be considered a trespass or encroachment, or which has the potential to alter or impair USACE projects or lands.”

3 Mineral Ownership at the Garrison Project 3.1 Split Estate and the Dominant Estate Doctrine in North Dakota In North Dakota, there is a distinction made between "surface rights" and "mineral rights" for any parcel of land. Surface rights confer the right to develop the surface for any number of purposes, and mineral rights confer the right to exploit any underlying mineral resources.6 Usually a single party owns both the surface and mineral rights to a tract, but when they do not, the tract is said to have a split estate” (i.e., ownership of the subsurface mineral estate is severed from the ownership of the surface estate).

When there is a split estate in North Dakota, mineral rights are given precedence (the "dominant estate" doctrine); that is, the owner of the mineral rights has the right to use as much of the surface as is reasonably necessary to explore, produce and transport the minerals (NDSU, 2006). However, the mineral rights owner must consider the rights of the surface owner and is required to exercise that degree of care and use which is just consideration for the rights of the surface owner (NDSU, 2006).

Because in North Dakota mineral rights are given precedence over surface rights, the USACE may have limited authority to deny entities access to their minerals. However, Section 408 prohibits the use or modification of any federal work built for flood control or navigation without permission, and the USACE may not grant such permission unless it has determined that the proposed use or modification will not be injurious to the public interest and will not impair the usefulness of such work. The Oil and Gas Management Plan provides the framework within which applicants can seek such permission and the subsequent real-estate instruments7, while establishing applicant expectations for what the USACE will require for the Section 408 review.

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6 In North Dakota, oil and gas are legally treated like limestone or coal; with the right of mineral ownership is the right to explore for, develop, and produce the mineral resources (NDSU, 2006). 7 Real estate instruments are USACE documents that provide other entities a limited right on USACE project lands including easements, leases, licenses, permits, and letter grants. An outgrant document is any real estate instrument used to convey an interest in, or temporary use of, USACE project land. “Outgranting” is the USACE act of granting a real estate instrument.

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Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

4 Oil and Gas Activities on the Garrison Project There are oil wells and pipelines within the Garrison Project lands and beneath Lake Sakakawea that pre-date construction of the Garrison Dam. Therefore, from the inception of the Garrison Project, oil and gas exploration and extraction have taken place on Garrison Project lands. However, the advent of directional drilling in combination with hydrofracking to exploit unconventional reserves has transformed the landscape of western North Dakota surrounding the Garrison Project. Oil and gas operators wishing to enter or occupy Garrison Project lands for exploration, development of minerals, or for the construction of transmission lines, and/or other ancillary facilities, must obtain a Section 408 permission and written authorization in the form of a real estate outgrant from the District Commander, U.S. Army Engineer District, Omaha, Nebraska (USACE, 2009). Use and occupancy of Garrison Project lands requires USACE approval and is therefore subject to the requirements of the National Environmental Policy Act (NEPA), its implementing regulations (40 CFR 1500-1508), and the associated USACE Regulation No. 200-2-2, Procedures for Implementing NEPA. The actions for oil and gas development on the Garrison Project are the work of private entities that need USACE real estate outgrants to conduct their actions within Garrison Project lands. As such, the exploration and extraction actions are not directly performed by the USACE, but are allowed through real-estate actions that approve where--and to some extent how--these actions may proceed.

The actions that require USACE review and a decision are not limited to new oil and gas pads or pipelines. Since 2010, applicants have also submitted proposals that required USACE real estate actions for railroad expansions, roadwork/highway expansion, a wastewater treatment facility expansion, and new water supply intakes. Depending on the project specifics, the USACE decision could involve a combination of permitting under Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act, real estate outgrants for actions on Garrison Project lands, and reviews of proposals for the permission required by Section 408.

In December 2005, the six counties surrounding Lake Sakakawea9 had a total of approximately 1,197 active oil and gas wells (NDIC, 2006); by December 2015, there were 9,782 active wells in same six counties (NDIC, 2016). Figure 2 depicts the deep horizontal legs (black lines) of oil and gas wells in proximity to a portion of Lake Sakakawea from North Dakota Department of Mineral Resources Oil and Gas ArcIMS Viewer. For most of these wells, there are multiple horizontal legs drilled from the same well head. The area shown in Figure 2 is approximately 35 miles from east to west centered on NewDRAFT Town, ND and illustrates the extent of horizontal drilling beneath and adjacent to Lake Sakakawea that has occurred. In addition to the wells, there are also more than 20 existing pipelines that cross Garrison Project land and beneath Lake Sakakawea. Figures 3, 4, 5, and 6 depict configurations of product pipelines within North Dakota including crude oil, 10 natural gas, other fossil fuel products, and CO2 pipelines. The intersection of these pipelines with the Garrison Project, Lake Sakakawea, and Missouri River are shown in Figure 7. All of these actions are directly or indirectly a result of the oil and gas activities in western North Dakota.

8 Fee title is a real estate term that means the type of ownership giving the owner the maximum interest in the land, entitling the owner to use the property in any manner consistent with federal, state and local laws and ordinances.

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Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

Figure 2 Example of Horizontal Well Legs at Lake Sakakawea, ND

9 Dunn, McKenzie, McLean, Mercer, Mountrail, and Williams surround Lake Sakakawea. 10 Source: https://northdakotapipelines.com/maps/ Figure 3 North Dakota Crude Oil Pipelines ~□ DRAFT

illMI Refinery - Basin Transload - Butte - Double H - Hiland - Bfidger - Bakken Oil Express - Bel e Foorche - Crestwood - Enbridge - Keystone Pipeline - Targa Balckenlink Bridger - Dakota Access Foor Bears - little Missouri - Marathon

c...i.,,.;,-.,_91arJNa11,0.=-,,- - ~,._, ,. _..,_llllllf»S- ciN•a, rw..t.--lllll--=r•..._.,ci .. pea,u:1-titml-ibal'Nild--W.b­ a.-..-t,y,,._.., .. ...-.,:t ,.,,.._,.rJ..,_...... ,_ba...... :f..,ou1rJ_.....,.,.._, ,. _...,_,.._a,...,___,,GlblaN,d1wn-.,.--•11a.m ta-,,..._

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Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

Figure 4 North Dakota Natural Gas Pipelines

.. Gas Plants - Alliance - Hess - ONEOK Bakken Mature - Aux Sable - Kinder Morgan - we1Energy Bakken - Bison - Northern Border - Whiling Tivee Forts Mootana-Dakola utilities

Figure 5 Other Product Pipelines in North Dakota DRAFT

- cenex Pipeline LLC - Refined Products - Magellan Midstream Partners LP - Refined Products ~ Tesoro Mandan Refinery --Kinder Morgan Cochin - Propane --NuStar Energy - Refined Products

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Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

Figure 6 CO2 Pipeline in North Dakota

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--Dakota Gas

Figure 7 Pipelines at the Garrison Project

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Mounrra/1 DRAFT

- Natural Gas Pipeli ne - Crude Oil Pipeline

- CO2 Pipelines -- Other Product Pipelines

N 10 20Miles A 0/

*DAPL not depicted, see Figure 4

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Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

As a global commodity, the prices of crude oil and natural gas have fluctuated substantially. As depicted in Figure 8, the price of crude oil has varied from under $20/barrel to well over $100/barrel in the past 40 years.11 When the price of crude oil increases or decreases substantially, the pressure to extract oil and natural gas changes proportionally in what are conventionally known as boom and bust cycles. As the price per barrel of crude oil fluctuates in the future and technology for exploiting the resource advances, there will be varying pressure to access mineral resources beneath or construct transmission lines across Garrison Project lands.

Figure 8 Crude Oil Price Per Barrel 1976-2016

CRUDE OIL

140

120

100

BO

60

40

20

0 1984 1992 2000 2008 20 16

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11 Source: http://www.tradingeconomics.com/commodity/crude-oil Management Plan 9

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

5 Applicant Process for Oil and Gas Activities on the Garrison Project 5.1 Applicant Process Companies, organizations, private parties, governments, agencies, Indian Tribes, or any other entities (i.e., applicants) that wish to construct buildings, roads, or other facilities or to modify in any way the landforms, vegetation, surface characteristics, or use of lands related to the development of oil, gas, and minerals within Garrison Project boundaries must have their proposal reviewed according to this management plan. The outgrant of Garrison Project lands to applicants for the development and/or transportation of minerals will follow the Omaha District’s Operations Division Real Estate Policy (USACE, 2011) for the review of Real Estate Outgrants (USACE, 2011). Applicants are responsible for creating the application package, submitting the package to the Garrison Project Office, and providing any additional information that the Garrison Project Office or District Office may require.

In accordance with the Omaha District’s Oil and Gas Policy, applicants seeking USACE outgrants for oil and gas related activities on Garrison Project lands or on flowage easements are required to prepare and submit a surface use plan of operations (SUPO) with their application for an easement. Section 6 of this Oil and Gas Management Plan describes the required SUPO content an applicant must include. The steps an application would proceed through are documented in the Omaha District’s Real Estate Outgrant review process (USACE, 2011). Figure 9 shows an overview of the procedural steps for the review and evaluation of a new real estate action according to the Omaha District’s Operations Division Real Estate Policy (USACE, 2011). More information for applicants is available at https://www.nwo.usace.army.mil/Missions/Dam-and-Lake-Projects/Oil- and-Gas-Development/.

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Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

Figure 9. Decision Tree for Real Estate Actions

Complete &Compi le OD-TN NEW REAL ESTATE Review YES ubmittal Packet: NEP 0 Send Recommendation Sends ACTION Compliance, ROA, ECP, Memo &Submitta l OD-TN Review Appropriate Denial letter (S ect.I.a.) Drawings, &Appl icant Packet To OD-TN Guidance to Applicant Package

NO NO YES

Complete &Comp ile OD-TN Routes Project This Action is For an Route to Submittal Packet: Include Mitigation Comments& Sends Denial Easement, License, etc Appropriate Office NEPA Compliance, Measures in Submittal letter to AND The reAre Not (ED-HA, ED-HB, ROA, Drawings, & Recommendation Packet Applicant Significant Env. Risks ED-G, PM-AE, PM-A) Applicant Package Memo toRE-C (ECPnot re

Source: USACE, 2011 DRAFT

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Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

6 Applicant Requirements for the Preparation of a Surface Use Plan of Operations 6.1 Surface Use Plan of Operations (SUPO) Overview It is the policy of the Omaha District to exercise its authorities to manage oil and gas activities at and near its Civil Works projects in a manner that protects public health and safety, USACE personnel, and project purposes. Applicants seeking USACE permissions (Real Estate instrument and/or 408 permission) for oil and gas related activities on Garrison Project lands or on flowage easements are required to prepare and submit a surface use plan of operations (SUPO) with their application for an outgrant. The applicant shall submit a completed SUPO as part of the request for easement and the SUPO must be approved before the applicant may commence operations that will cause surface disturbance.

In addition to this guidance on the preparation of an applicant’s SUPO, the applicant is encouraged to contact the Garrison Project Office to make use of information available from the USACE staff concerning surface resources and uses environmental considerations; best management practices, and required reclamation procedures. The type, scale, and intensity of the applicant’s proposed action, as well as the environmental sensitivity of the surface resources within the area of potential disturbance, determine the amount of information needed in a SUPO.

The SUPO will consist of up to nine (9) discrete plans combined into a single document. The required plans within the SUPO are the:

1. Oil and Gas Development Plan, 2. Emergency Response and Spill Prevention, Control, and Countermeasures Plan, 3. NPDES Permit Requirements, 4. Hydrogen Sulfide (H2S) Contingency Plan, 5. Groundwater Monitoring and Reporting Plan, 6. Surface Monitoring and Reporting Plan, 7. Cultural Resources Management Planning, 8. Horizontal Directional Drilling Plan & HDD Contingency Plan(if appropriate), and the 9. Reclamation and Monitoring Plan.

The detailed requirements for the preparation of a completed SUPO are detailed in Appendix A.

Regardless of the type of oil and gas action being proposed, the applicant will comprehensively address the planned use or activity in the Oil and Gas Development Plan in sufficient detail and description to facilitateDRAFT a thorough understanding of the applicant’s proposed actions. The remaining plans will detail the applicant’s plan for the protection of workers and the public, surface resources, groundwater, and other environmental components while implementing the proposed actions.

7 Surface Inspection The Garrison Project Office staff will conduct routine inspections of oil and gas operations to verify that activities are being conducted consistent with the approved SUPO. Appendix B

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Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan provides the forms to be used by USACE staff for their inspection processes. The subsections within the surface inspection checklist correspond to the up to nine plans applicants may be required to include within their SUPO, depending on the nature of the oil and gas activity.

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Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

8 References North Dakota Industrial Commission (NDIC). 2006. North Dakota State Industrial Commission, Oil and Gas Production Report, December 2005. Online at: https://www.dmr.nd.gov/oilgas/mpr/2005_12.pdf North Dakota Industrial Commission (NDIC). 2016. North Dakota State Industrial Commission, Oil and Gas Production Report, December 2015. Online at: https://www.dmr.nd.gov/oilgas/mpr/2015_12.pdf North Dakota State University (NDSU). 2006. North Dakota Oil and Gas Leasing Considerations. Extension Bulletin 29, Cooperative Extension Service. Fargo, North Dakota. Online at: https://www.dmr.nd.gov/oilgas/leasingconsiderations.pdf U.S. Army Corps of Engineers (USACE). 1985. Executive Order 12512 Survey Report, Garrison Dam/Lake Sakakawea Project, Missouri River Basin, North Dakota. Omaha District, USACE, Omaha, NE. Dated October 29, 1985. U.S. Army Corps of Engineers (USACE). 2007. Garrison Dam/Lake Sakakawea Master Plan with Integrated Programmatic Environmental Assessment Missouri River, North Dakota Update of Design Memorandum MGR-107D. USACE, Omaha District, Omaha, NE. December 2007. U.S. Geological Survey (USGS). 2009. U.S. Geological Survey Assessment Model for Undiscovered Conventional Oil, Gas, and NGL Resources -- The Seventh Approximation. Bulletin 2165. Online at: https://pubs.usgs.gov/bul/b2165/B2165.pdf

U.S. Army Corps of Engineers (USACE). 2011. Operations Division Real Estate Policy. Northwestern Division, Omaha District.

U.S. Army Corps of Engineers (USACE). 2015. Policy and Procedural Guidance for Processing Requests to Alter US Army Corps of Engineers Civil Works Projects Pursuant to 33 USC 408. CECW-CP, Engineer Circular No. EC 1165-2-216, USACE HQ, Washington, DC. Online at: https://www.publications.usace.army.mil/Portals/76/Publications/EngineerCirculars/EC_1165-2- 216.pdf DRAFT

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US Army Corps of Engineers Omaha District Appendix A

Applicant Instructions for the Preparation of a Surface Use Plan of Operations (SUPO) for Requests for Real Estate Instruments at the Garrison Dam/Lake Sakakawea Project North Dakota

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Table of Contents

1 Introduction ...... 1 2 Oil and Gas Management Policy ...... 3 3 Mineral Ownership at the Garrison Project ...... 4 4 Oil and Gas Activities on the Garrison Project ...... 5 5 Applicant Process for Oil and Gas Activities on the Garrison Project ...... 10 6 Applicant Requirements for the Preparation of a Surface Use Plan of Operations ...... 13 7 Surface Inspection ...... 13 8 References ...... 15

Attachment A-1 - Requirements for Oil and Gas Related Real Estate Instruments at the Garrison Dam/Lake Sakakawea Project

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Appendix A - SUPO Instructions

1 Surface Use Plan of Operations Overview It is the policy of the Omaha District to exercise its authorities to manage oil and gas activities at and near its Civil Works projects in a manner that protects public health and safety, USACE personnel, and project purposes. Applicants seeking USACE outgrants for oil and gas related activities on Garrison Project lands or on flowage easements are required to prepare and submit a surface use plan of operations (SUPO) with their application for an outgrant. The applicant shall submit a completed SUPO as part of the request for an outgrant and the SUPO must be approved before conducting operations that will cause surface disturbance.

In addition to this guidance on the preparation of an applicant’s SUPO, the applicant is encouraged to contact the Garrison Project Office to make use of information available from the USACE staff concerning surface resources and uses, environmental considerations, best management practices, and required reclamation procedures. The type, scale, and intensity of the applicant’s proposed action and the environmental sensitivity of the surface resources within the area of potential disturbance determine the amount of information needed in a SUPO.

The SUPO will consist of up to nine (9) discrete plans combined into a single document. Regardless of the type of oil and gas action being planned, the applicant will comprehensively address their planned use or activity (i.e., their proposed actions) in the Oil and Gas Development Plan. Within the Oil and Gas Development Plan, the applicant needs to provide sufficient detail and description to facilitate a thorough understanding of the applicant’s proposed actions. The remaining plans will be prepared to detail the applicant’s planning for the protection of workers and the public, surface resources, groundwater, and other environmental components while implementing their proposed actions.

The required plans within the SUPO are the:

1. Oil and Gas Development Plan, 2. Emergency Response and Spill Prevention, Control, and Countermeasures Plan, 3. Surface Water Protection Plan (NPDES Permit Requirements), 4. Hydrogen Sulfide (H2S) Contingency Plan, 5. Groundwater Monitoring and Reporting Plan, 6. Surface Monitoring and Reporting Plan, 7. Cultural Resources Management Planning, 8. Horizontal Directional Drilling Plan (if appropriate), and the 9. Reclamation and Monitoring Plan.

The specific expectationsDRAFT for the content of each of the plans that make up the USACE-required SUPO are detailed in the subsequent sections.

Appendix A - SUPO Instructions A-1

2 Oil and Gas Development Plan The Oil and Gas Development Plan is the component of the SUPO where the applicant describes the details of their proposal that are the basis for their request for an outgrant. These details should be described in a comprehensive narrative providing the USACE with a step-by-step description of the applicant’s proposal. Detailed understanding of the proposed actions is improved by the applicant including a preliminary site plan with maps and site photographs, engineering diagrams of planned changes to the landscape and proposed infrastructure, and other associated details as described herein. All site plans need to be stamped by a North Dakota State Board registered professional engineer prior to submission. Minimally, the Oil and Gas Development Plan would address:

o Legal description of the site location and proposed maximum area of disturbance for which the applicant seeks an outgrant (e.g., roads, pads, pipelines, proof of mineral ownership, etc.); o Assumed site access and egress with existing or new roads including grading plans; o Location and description of proposed infrastructure (e.g., wells, pipelines, water supply intakes); o Location and description of utilities to the site (e.g., electrical supply); o Source for, and method of, providing water to the site; o Location and description of any proposed ancillary facilities (e.g., construction laydown, trailers, etc.); o Location and description of existing oil and gas infrastructure that would be utilized or connected to the proposed project components (e.g., wells or pipelines); o Description of the methods to be employed in construction and estimates of the quantity of materials that would be utilized for the proposed actions; o Methods of waste handling, containment, and disposal to include the estimated quantities and categories of waste to be generated to complete the proposed action (e.g., construction demolition debris, fill from cut/fill landscape modifications, sanitary waste, drilling waste such as cuttings, and hazardous waste) including waste generated during reclamation; and the o Detailed narrative and site plans for interim and final reclamation including confirmation sampling and pit removal.

2.1 Limitations on Site Selection The U.S. Congress has authorized the USACE to construct, operate and maintain the Missouri River mainstem dams and reservoirs for eight project purposes including flood control; navigation; hydro-electric power; water supply; fish and wildlife; recreation; irrigation and water quality. The USACE has exclusive jurisdictionDRAFT to regulate the use of the project lands and waters to fulfill those project purposes. Section 14 of the Rivers and Harbors Act of 1899 and codified in 33 USC 408 (commonly referred to as “Section 408”) authorizes the Secretary of the Army to grant permission for the alteration or occupation or use1 of a USACE civil works project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project (USACE, 2015).

1 The use of the term “alteration” in this document also includes “occupation” and “use” and refers to any action by any entity other than USACE that builds upon, alters, improves, moves, occupies, or otherwise affects the usefulness, or the structural or ecological integrity, of a USACE project (USACE, 2015).

Appendix A - SUPO Instructions A-2

In the interest of fulfilling Congress’ intent and fulfilling those project purposes, the Omaha District had defined a number of comprehensive restrictions where oil and gas related activities are prohibited, in order to protect the other project purposes.

These restrictions prohibit surface occupancy for any oil and gas related activity:

• Within any areas designated for project operations2 as defined by the Garrison Dam/Lake Sakakawea Project Master Plan, • On islands located within the Lake Sakakawea flood control pool, regardless of their elevation. • Within 0.5 miles from a recreation area, • Within habitat for threatened or endangered plant or animal species, • Within 300 feet of any cultural site eligible for listing on the National Register of Historic Places, or for which the eligibility has not yet been determined, or an American Indian Traditional Use Area, • Within 3,000 feet of critical infrastructure,3 and • On any location where the ground slope exceeds 25-percent. With the exception of major transmission pipelines, all new ground disturbances associated with an applicant’s proposal (e.g., roads, collector pipelines, electrical lines, etc.) must stay within corridors of existing disturbances. No injection wells shall be allowed on federally- owned or flowage easement lands. Additionally, produced water that is not associated with oil and gas development on USACE property will not be conveyed across property where USACE owns real estate interest.

For applicants proposing new industrial water supply intakes on Lake Sakakawea, the Garrison Dam/Lake Sakakawea Project Surplus Water Report Environmental Assessment establishes that there shall be no less than a 25-mile radius between industrial intakes authorized on Lake Sakakawea (USACE, 2011).4

2.2 Site Access, Egress, and Proposed Road Construction The applicant’s Oil and Gas Development Plan must include a map that shows the location of the proposed action for which the applicant seeks an outgrant in relation to their proposed access route from the nearest public access point.

2 This classification includes DRAFTlands required for the dam and associated structures, administrative offices, maintenance compounds, and other areas that are used to operate and maintain the Garrison Dam/Lake Sakakawea Project. The project includes approximately 1,999 acres of Project Operations lands. This also includes lands where USACE acquired flowage easement.

3 Oil and Gas Policy Statement identifies ‘critical infrastructure’ as dams and levees or similar features. 4 Applicants seeking outgrants for new industrial water supply intakes shall provide the current status of existing water depots, including municipal and private supplies within the region of industrial supply need. In addition, applicants are required to conduct a market study to develop an inventory of the supply of existing water depots (including water sources on private land, i.e. municipal, tribal, and private depots, within a 25-mile radius of proposed intake) as well as an industry demand analysis within the same region (USACE, 2011).

Appendix A - SUPO Instructions A-3

The applicant must describe in narrative and provide spatial data for all new road construction, reconstruction, and required erosion control during and after construction. The applicant must describe and portray the:

• Centerline mapping of all roads, • Road width, • Maximum grade, • Crown design, • Turnouts, • Drainage and ditch design, • On-site and off-site erosion control, • Revegetation of disturbed areas for interim and final reclamation, • Location and size of culverts and/or bridges, • Fence cuts and/or cattle guards, • Extent of the cut and fill footprint, • Source and storage of topsoil, and the • Type of surfacing materials, if any, that are proposed to be used. All roads will only be one lane with or clinker (i.e., scoria) overlay allowed to reduce environmental effects, and erosion control must occur after road construction is complete.

2.3 Proposed Infrastructure All proposed infrastructure must be described in narrative and depicted in plat and include a geospatial database depicting the plans with maps and site diagrams (with mapping at a minimum scale of 1 inch = 50 feet) to identify the: • Location, dimensions, and layout of the facilities within the footprint of disturbance (e.g., well pad, pipelines, proposed and existing flow lines, overhead or buried utility power lines, etc.), • Location of lateral well(s) and mineral spacing units on accompanying maps to determine if minerals are located beneath USACE surfaces, • Location and assumed quantities necessary for cuts and fills including topsoil or spoil material stockpiles, • Location and layout of all production, ancillary facilities (e.g., office trailers and staging areas), and utilities, • Location of all equipment in support of the facility shown as located within the boundaries of the site , • Provision of electrical power because all production equipment, compressors or other components associatedDRAFT with the production facility will be electrically powered , • Location and layout of pipelines as they must run from wellheads to centralized production facilities , • Location and layout of natural gas pipelines to access processing facilities if nearby infrastructure exists , • Location and orientation of the drilling rig during construction as well as the dikes and ditches to be constructed, • Location and plan for lighting to use only of the non-focused type (light shrouding) , • Location and dimensions of any flare pit according to state and federal guidance , • Location and elevation of a wind sock,

Appendix A - SUPO Instructions A-4

• Demonstration that all transportation, collection, and distribution pipelines will comply with the American Society of Mechanical Engineers (ASME) B31, ASME BIG, 49 CFR Part 192, Department of Transportation (DOT) Pipeline Manual Part 195, Non- Recreational Outgrant Policy (NROP) , • Demonstration that the entire infrastructure and production facility would be above elevation 1858.5 feet, NGVD29 datum , • Assumption of the color for all above ground facilities, equipment, and accessories painted an earth tone color in coordination with the Project Office , and the • Location of fencing for all facilities as well as signage, gates, and cattle guards according to USACE guidelines. Applicants are prohibited from using water stored in Lake Sakakawea unless required permits, outgrants, and water supply agreements (pursuant to section 6 of the Flood Control Act of 1944 or the 1958 Water Supply Act) have been issued by the USACE in advance, and under a separate process. 2.4 Proximity to Existing Facilities Within the applicant’s plat and geospatial database depicting their plans with maps and site diagrams, applicants must additionally identify:

• The location of existing wells (e.g., water, abandoned, temporarily abandoned, disposal, etc.) within a one mile radius of the location of a proposed well, • Tank batteries within a mile radius of a proposed oil and gas outgrant boundary, • Production facilities within a mile radius of the proposed oil and gas outgrant boundary, and • Gathering and service lines (e.g., oil flow and gas gathering lines, injection lines, and water disposal lines within a mile radius of the proposed oil and gas outgrant. In addition, applicants must include copies of all leases and agreements to all leasehold areas.

2.5 Waste Handling and Disposal The applicant will include a written description of the methods and locations proposed for safe containment and disposal of each type of waste material that results from the applicant’s proposed actions. This section of the SUPO must address the applicant’s plans for:

• Utilizing a completely closed-loop system , • Containing and disposing waste generated during drilling (e.g., cuttings, drilling fluids, produced water, and any produced oil or water recovered during testing) because no reserve pits will DRAFTbe allowed and all waste must be disposed of in a North Dakota- approved disposal facility , • Managing hazardous materials in compliance with all applicable federal, state and local laws and regulations , • Keeping Safety Data Sheets (SDS) available and accessible on site for all hazardous materials ,

Appendix A - SUPO Instructions A-5

• Storing all hazardous waste in approved containers with proper labeling and secondary containment , • Disposing of all hazardous waste in a state approved facility , • Providing an adequate number of portable toilets (one toilet/10 people/40 hours) from the beginning of construction through well completion, • Containing, transporting, and disposing of all sewage wastes off of USACE lands because no sewage wastes may be disposed of on USACE lands , and • Avoiding discharging of any material, waste or byproduct, fluids or solids, under any circumstances into waters managed by the USACE. 2.6 Geospatial Data Requirements for the SUPO The applicant’s oil and gas development plan will need to include geospatial data to evaluate the proposal. Requirements for the data included within the application are as follows:

• Geospatial data must be provided in an Esri-supported GIS format (shapefile or geodatabase), • Geospatial data must include appropriate attributes and FGDC (Federal Geographic Data Committee) compliant metadata, • Metadata must include the primary source for all features included (feature-level metadata), • All geospatial data must be provided in USA Contiguous Albers Equal Area Conic USGS (WKID: 102039) coordinate system, • Georeferenced raster images must be from the same source as hardcopy plats and maps submitted, and • All maps that are included in the Surface Use Plan of Operations must be of a scale no smaller than 1:24,000. 2.7 Applicant Requirements Best Management Practices (BMPs) are innovative, dynamic, and economically feasible mitigation measures applied on a site-specific basis that reduce, prevent, and avoid adverse environmental or social impacts of oil and gas activities (USDOI, 2007a). For applicants interested in conducting oil and gas-related activities on the Garrison Project lands or flowage easement lands, the USACE has developed a listing of requirements as listed in Attachment A-1. These requirements are not voluntary actions, but are requirements for authorizations. Because oil and gas management practices change and lessons learned continually inform activities on the Garrison Project lands, the list of requirement are expected to be dynamic. As such, although listed in Attachment A-1, the requirements therein are subject to change and an applicant’s specific project or site conditions may warrant additional requirements that are not currently listed in Attachment A-1. Applicants shouldDRAFT utilize the current listing of requirements in Attachment A-1 when initiating development of an SUPO, but should expect that additional requirements, not listed in Attachment A-1, may be necessary. 3 Emergency Response and Spill Prevention, Control, and Countermeasure Plan An accidental release of hazardous fluids from a non-federal activity near Lake Sakakawea has the potential to harm or impair the usefulness of the dam, reservoir and project lands, and the congressionally authorized purposes for which they were constructed. Applicants are advised to plan wells and

Appendix A - SUPO Instructions A-6

other infrastructure as far from the dam, reservoir and project lands as possible and put into place all necessary safety, containment, and spill response measures.

An applicant will be required to develop a Spill Prevention Control and Countermeasures Plan (SPCCP) as detailed in 40 CFR 112.7-112.9 and include it as a stand-alone section within the SUPO. All applicants need to prepare the SPCCP to demonstrate their emergency preparedness and planning and coordination with the Mid-Missouri River Sub-Area Contingency Plan (MMRSAC, 2015). The Omaha District follows the guidelines set in ER 200-2-3, Environmental Compliance Policies, Chapter 8, Petroleum, Oils, and Lubricants Management and Chapter 10, Spill Reporting and Response (USACE, 2010). The guidelines in these sections apply to oil and gas releases from pipelines, drilling rigs, tanks or any other source on federal property or flowage easement lands and waters. Section 10-5(c) of ER 200-2-3, Non-USACE Spills states:

“Spills from a grantee on USACE lands are the responsibility of outgrant area operator. Where outgranted areas are mandated by federal or state regulations to have and maintain a spill plan, Real Estate, in consultation with OPM [Office of Project Management], shall require the grantee to comply with spill planning requirements and to be able to clearly provide for an adequate response in the event of a spill. This requirement shall be an element of lease compliance inspections.” In addition to the SPCCP guidelines in 40 CFR 112.7-112.9, the applicant’s SPCCP must show how their plan address the following requirements:

• Spill reporting requirements of the North Dakota Industrial Commission’s (NDIC) Rules and Regulations of the North Dakota Administrative Code Chapter 43-02-03 (Oil & Gas),5 • Spill modeling showing both extent of worst case and most probable discharge scenarios, • Spill reporting requirements of the North Dakota Department of Health (NDDOH) Standards of Quality for Waters of the State, Section 33-16-02.1-11, Discharge of Wastes,6 • In addition to the secondary containment of the site berm, tertiary containment is required for all petroleum, oil, lubricants, hydrofracking fluids, and other non-fresh water liquids on site, • Secondary containment must comply with 40 CFR 112.7-112.9, • All secondary containment must be consistent with good engineering practices and provide containment for the content of the largest container plus sufficient freeboard to contain precipitation from a 25-year, 24-hour storm event, • Tanks in holding areas must be surrounded by an impermeable dike/berm and contain 100- percent of the contents of the largest vessel plus one day’s production, plus the amount necessary to contain precipitation from a 25-year, 24-hour storm event, • Designate an emergencyDRAFT facility area, • Spill supplies must be on site,

5 https://www.dmr.nd.gov/oilgas/or27349.pdf 6 http://www.ndhealth.gov/wq/gw/spills.htm

Appendix A - SUPO Instructions A-7

• Sufficient hose lay to reach anywhere within the secondary containment and a recirculation pump must be on site to pump and temporarily store a spill in production tanks, • The entire production facility will be covered with an impervious geomembrane liner with a minimum burst strength of 140 pounds/square inch (PSI), • Construct and maintain a lined trenched containment system on the down slope side of the well pad, • During drilling, completion and production phases, measures shall be implemented to contain all fluids including produced fluids, rain water, and run on water that come in contact with the working area of the well pad, • Any rig runoff must be captured and disposed of at a state approved facility, • All outgrant-holders must report all discharges of oil or other petroleum products which violate applicable water quality standards or cause a film or a sheen upon or discoloration of the surface of the water or adjoining shoreline or cause sludge or emulsion to be deposited beneath the surface of the water to the National Response Center (NRC) as required by 40 CFR 110.2, 110.3, 110.5, and 110.6, • If a hazardous substance is released to the environment in an amount that equals or exceeds its reportable quantity (RQ), the release must be reported to federal authorities, • The outgrant-holder must report the spill information to USACE and may be required to report to the state, • All spills are the responsibility of the applicant, and • All response actions shall be conducted in accordance with National Contingency Plan (NCP) (USEPA, 1994) and the USEPA Region 8 Sub Area Contingency Plan (USEPA, 2014). The SPCCP shall also include a table identifying tanks and containers at the facility with the potential for an oil discharge, the mode of potential failure, the likely flow direction and potential quantity of the discharge, and provide secondary containment methods and containment capacity. The plan must include the physical layout of the facility and a facility diagram, which must mark the location and contents of each container. The facility diagram must also include all transfer stations and connecting pipes.

The USEPA’s Region 8 Regional Contingency Plan Area Planning Strategy (USEPA, 2014) was established to addresses the region-wide potential for a significant oil spill to inland waters, given the significant oil infrastructure across the region including the Garrison Project area. To achieve this goal, the Region’s oil response planning strategically focuses on large oil threats in order to address the large geographic area much of which consists of rural and remote areas. The applicant’s SUPO will address how their proposed emergency planning incorporates the Region 8 Regional Contingency Plan Area DRAFTPlanning. Part of the Contingency Planning includes Facility Response Plan (FRP) and Geographic Response Plan (GRP), which will be submitted as part of the applicants SUPO application.

Applicants that require a Section 408 authorization should be aware that the courts have allowed the USACE to recoup all direct and indirect costs when a non-federal entity damaged or impaired the usefulness of a federal project. This includes damage caused by activities that occur off USACE managed federal land. Moreover, Section 408 imposes strict liability on the non- federal entity and the USACE does not have to show negligence to recoup its costs. Finally, 33 U.S.C. Section 411 establishes the criminal penalties for damaging or impairing the usefulness of a federal flood control and navigation project including a fine of up to $25,000 per day or imprisonment of not less than thirty days or more than one year. Appendix A - SUPO Instructions A-8

4 NDPDES Permit Requirements The discharge of any liquids to the Garrison Project lands or surface waters that were generated in association with oil and gas activities is prohibited. Therefore, the North Dakota Pollutant Discharge Elimination System (NDPDES) Permit requirements to be addressed in the SUPO exclusively address stormwater discharge, stormwater pollution prevention, and erosion/sediment control from the applicant’s activities.

In compliance with Chapter 33-16-01 of the North Dakota Department of Health rules, as promulgated under Chapter 61-28 (North Dakota Water Pollution Control Act) of the North Dakota Century Code, operators of oil or gas extraction facilities7 typically fall under the North Dakota Department of Health's mining and extraction general permit, NDR32-0000 (NDDOH, 2014).

According to the general permit’s Section II(C) Stormwater Pollution Prevention Plans, all applicants that meet the ND requirements to fall under the general permit must prepare a Stormwater Pollution Prevention Plan (NDDOH, 2014). Applicants seeking oil and gas related real estate outgrants from the USACE are obligated to fulfill the requirements of the State of North Dakota’s Water Pollution Control Act and NDDOH rules. In addition to satisfying the North Dakota requirements, the applicant must include the ND-approved SWPPP as a discrete component of the SUPO in their application.

The NDDOH has guidance8 on the expectations for the applicant and current content for acceptable SWPPPs. Within the SUPO, the applicant should document their approach to fulfilling the requirements of the North Dakota Department of Health rules and the North Dakota Water Pollution Control Act in a brief narrative and also include their approved SWPPP plan as developed in accordance with the current requirements as published by the ND Department of Health.

For those applicants seeking outgrants for the purpose of constructing pipeline infrastructure across USACE lands for the transport of petroleum, gasoline, and other petroleum products, their construction-related stormwater permitting would be addressed under North Dakota Department of Health’s general industrial permit process.9 The pipeline activities have a different U.S. Department of Labor SIC code10 and are classified under the general industrial permit process (NDDOH, 2015) by the N.D. Department of Health.

Similar to applicants seeking outgrants for oil and gas extraction actions, applicants seeking outgrants to cross USACE land for pipeline activities must submit a narrative explaining how they have met the NDDOH requirements and also include their approved SWPPP plan (as DRAFT 7 Major Group 13 in the US Department of Labor’s Standard Industrial Classification (SIC) Code (https://www.osha.gov/pls/imis/sic_manual.html). 8 http://www.ndhealth.gov/WQ/Storm/StormWaterHome.htm 9 http://www.ndhealth.gov/WQ/Storm/Industrial/IndustrialHome.htm) 10 Major Group 46 and Major Group 49 in the US Department of Labor’s Standard Industrial Classification (SIC) Code (https://www.osha.gov/pls/imis/sic_manual.html).

Appendix A - SUPO Instructions A-9

developed in accordance with the current requirements as published by the ND Department of Health) within this section of the applicant’s SUPO.

5 H2S Contingency Plan

Hydrogen Sulfide (H2S) is a colorless, flammable, extremely hazardous gas with a rotten egg smell that occurs naturally in crude petroleum, natural gas, and other naturally occurring sources. Although the odor is detectable at very low concentrations, it rapidly causes olfactory fatigue at higher levels, and, therefore, is not considered to have adequate warning. A five minute exposure to 800 ppm H2S has resulted in death and inhalation of 1,000 to 2,000 ppm may cause a coma after a single breath (NDDOH, 2015a). Exposure to lower concentrations may cause headache, dizziness and upset stomach and low concentrations (20 to 150 ppm) can cause eye irritation which may be delayed in onset (NDDOH, 2015a).

According to the USDOI Bureau of Land Management’s Onshore Oil and Gas Order No. 6, an H2S Contingency Plan shall be developed for drilling operations where formations would be penetrated which have zones known to contain, or which could reasonably be expected to contain, concentrations of H2S at or exceeding 100 parts per million (USDOI, 1990). Onshore Oil and Gas Order No. 6 (USDOI, 1990) identifies the Bureau of Land Management's uniform national requirements and minimum standards of performance expected when operators are conducting oil or gas activities that are known to, or could reasonably be expected to, contain hydrogen sulfide

(H2S) or which results in the emission of sulfur dioxide (SO2) as a result of flaring H2S.

The Omaha Distract requires that all applicants for USACE outgrants for oil and gas production facilities must include an H2S Contingency Plan, regardless of the applicant’s expectations regarding concentrations of H2S at their proposed operations. Within the SUPO, the applicant must demonstrate planning and preparation in order to protect public health and safety as well as the health and safety of involved worker, and the health and safety of uninvolved personnel in proximity to the worksite. The H2S contingency plan should be drafted to address the planning requirements as described Section III.A (Applications, Approvals, and Reports) of the U.S. Department of the Interior’s Bureau of Land Management Onshore Oil and Gas Order No. 6 (USDOI, 1990); this Onshore Order establishes the minimum standards and requirements for an H2S Contingency Plan. Additionally, the SUPO H2S contingency plan will specify that hydrogen sulfide safety and monitoring equipment would be available and in use where atmospheric concentrations of hydrogen sulfide of 20 parts per million or greater were anticipated as described in the BLM’s Onshore Oil and Gas Order No. 2 (USDOI, 1988).

6 Groundwater MonitoringDRAFT and Reporting Plan Within the SUPO, the planning for groundwater monitoring shall be designed to characterize baseline water quality conditions and detect potential impacts to ground water from oil and gas activities. The applicant’s Groundwater Monitoring and Reporting Plan must address how the applicant will inventory and characterize the existing ground water that could be potentially affected by their proposed actions. Because groundwater does not occur in a singular stratigraphic layer, the onus is upon the applicant to demonstrate that their GMRP addresses all groundwater that could be potentially affected. The Groundwater Monitoring and Reporting Plan should similarly assume the need for preliminary data collection by the applicant--before

Appendix A - SUPO Instructions A-10

any oil and gas activities commence--in order to identify the location(s) and depth(s) of ground water to be monitored as well as characterize the groundwater prior to commencing oil and gas activities.

Within their Groundwater Monitoring and Reporting Plan, the applicant will include a description of their proposed groundwater monitoring planning and network in support of their application for the outgrant. In support of a science-based groundwater monitoring plan, applicants shall submit site-specific information including geology, stratigraphy, geophysics, hydrogeology, and geochemistry. The applicant will include two scale cross-section(s) approximately perpendicular to one another that extend from the surface to a depth of at least 500 feet below the stratigraphically lowest drinking water aquifer that show:

a. Depths of all protected water aquifers and the strata that contain them, b. Depths of the vadose zone and water table, c. All geologic units, formations, and structures clearly labeled, and d. Depths of low-permeability zones and the strata that contain them that will function to hydraulically isolate the drinking water sources or the surface from any fluids injected or produced during or following the well stimulation.

Site-specific information will be used to evaluate potential mechanisms and pathways that may lead to groundwater impacts, and will be used to help in the design and review of the Groundwater Monitoring and Reporting Plan. Within the Groundwater Monitoring and Reporting Plan, the applicant shall submit proposed methods to be used to establish baseline water quality conditions as well as identify evidence of changes in chemical constituent concentrations in groundwater.

6.1 Sampling and Testing Requirements The applicant’s Groundwater Monitoring and Reporting Plan should rely upon the U.S. EPA’s Groundwater Sampling Guidelines for Superfund and RCRA Project Managers (USEPA, 2002) for their planning. Procedures for groundwater sampling and analysis should be consistent with the U.S. EPA’s Science and Ecosystem Support Division’s Operating Procedure for Groundwater Sampling (USEPA, 2013). These references should be used to assist applicants in developing site- specific and project-specific sampling plans. Alternative methods are discouraged, but may be used if described by the applicant in their submitted SUPO and reviewed and approved by the Garrison Project staff and the Omaha District.

In addition to describing the methods and locations for sampling, the applicant must comprehensively identify the analytical methods that would be used to evaluate collected samples. Analytes are to be testedDRAFT using available EPA-approved analytical methods and using drinking water detection limits. In identifying the analytical methods, the applicant should rely on the best current practice of American water analysts including the Standard Methods for the Examination of Water and Wastewater (https://www.standardmethods.org/) and USEPA’s Guidelines Establishing Test Procedures for the Analysis of Pollutants (40 CFR Part 136) (USEPA, 2014a).

Within the Groundwater Monitoring and Reporting Plan, the applicant should include:

Appendix A - SUPO Instructions A-11

• The number, location, and completed depth, and the justification for selecting the screened interval for all wells to be installed, • Well construction (materials and method) and how the wells will be developed,11 • Sampling and analysis planning including: • Data quality objectives, • Sampling frequency and seasonality, • Qualification of personnel sampling, • Listing of analytes, • Parameter-specific methods of sampling and disposal of purge water, • Analytical methods specified for each analyte, • Field parameters to be measured (e.g., groundwater level, pH, temperature, conductivity, hydrogen sulfide, dissolved oxygen, oxidation-reduction potential), • Sampling QA/QC protocols (e.g., sample blanks, duplicates, spikes; chain-of- custody, etc.), and • Verification that analytical laboratories to be used are USEPA certified.12

Minimum Required Analytes for Applicant’s Groundwater Monitoring and Reporting Plan include:

• Total dissolved solids (TDS), • Major and minor cations, including sodium, potassium, magnesium, calcium, and ammonium, • Major and minor anions, including nitrate, chloride, fluoride, sulfate, bromide, iodide, and total inorganic carbonate (bicarbonate + carbonate), • Trace elements, including iron, manganese, lithium, strontium, barium, and boron, • Metals including arsenic, barium, cadmium, chromium, lead, mercury, and selenium, • Radionuclides including Ra-226, Ra-228, and uranium, • Methane, ethane, propane, • Dissolved organic carbon (DOC), • BTEX (benzene, toluene, ethylbenzene, and xylenes) and tentatively identified compounds (TICs), • Trimethylbenzene, acetone, methylene chloride, • Total petroleum hydrocarbons for crude oil, gasoline, and diesel ranges, • PAH (polynuclear aromatic hydrocarbons) including the 16 priority pollutant PAHs (acenaphthene, acenaphthylene, anthracene, benz [a]anthracene, benzo[b] fluoranthene, benzo[k] fluoranthene, benzo[a]pyrene, benzo[ghi] perylene, chrysene, dibenzo [a,h]

DRAFT

11 Within the State of North Dakota, the construction of monitoring wells is regulated under Groundwater Monitoring Well Construction Rules (NDAC 33-18-02) (NDCC, 1997). Applicants seeking USACE outgrants must be minimally be consistent with the North Dakota state requirements. Existing groundwater sources would be evaluated and protected in accordance with the ND Century Code, Section 38-11.2-07, Requirements for the Protection of Surface and Ground Water - Other Responsibilities of the Mineral Developer (NDCC, 2011). 12 http://www2.epa.gov/dwlabcert

Appendix A - SUPO Instructions A-12

anthracene, fluoranthene, fluorene, indeno [1,2,3-cd] pyrene, naphthalene, phenanthrene, and pyrene) and Tentatively Identified Compounds (TICs),13 • Stable carbon isotopes in dissolved methane (if present), • Stable isotopes of oxygen and hydrogen in water, • Guar gum sugars (if guar gum is used in the well stimulation), and • At least two additional analytes selected by the applicant, and to be reviewed and approved by the Garrison Project Office. The analytes chosen shall be well stimulation (i.e., fracking) chemical additives or their degradation products. One chemical constituent shall be chosen based on large soluble mass used during well stimulation; the other chemical constituent will be chosen based on high persistence in the subsurface. Availability of a laboratory analytical method shall also be considered. For instance, if there are several chemical constituents of high persistence, then the constituent with a combination of greatest injected mass and persistence shall be monitored, if there is an accepted laboratory analytical method available.

6.2 Establishing Baseline Water Quality Conditions As part of the Groundwater Monitoring and Reporting Plan, the applicant will submit proposed methods to be used to establish baseline conditions in order to identify evidence of changes in chemical constituent concentrations in groundwater. A recommended method is the prediction limit described in the U.S. Environmental Protection Agency’s Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities, Unified Guidance (USEPA, 2009).

6.3 Reporting Requirements All groundwater monitoring data collected according to an applicant’s Groundwater Monitoring and Reporting Plan shall be compiled annually into a groundwater monitoring report. The groundwater monitoring report and associated water quality data shall be submitted to the Garrison Project Office and Omaha District no later than March 1 of the following calendar year (e.g., groundwater report for data collected during calendar year 2016 must be submitted to the USACE no later than March 1, 2017).

The annual groundwater monitoring report shall minimally include:

• Site map clearly labeling and showing the location of the oil and gas wells and the location of the associated groundwater monitoring wells, • Well completion reports for all water wells that were used for monitoring • Wellbore path giving both inclination and azimuth for directionally drilled wells • Oil/gas well casiDRAFTng diagrams, including the following: • Depths of perforation intervals, • Diameter and depth of borehole, • Cement plugs inside casings, including top and bottom of cement plug, with indication of method of determination,

13 A TIC is a compound that is not a part of the targeted analyte list for an analytical method, but can be seen by the testing method. As a result, its identity and concentration cannot be confirmed without further analytical investigation.

Appendix A - SUPO Instructions A-13

• Cement fill behind casings, including top and bottom of cement fill, with indication of method of determination, and • Depths and names of the formations, zones, and markers penetrated by the well, including the top and bottom of the zone where well stimulation treatment occurred. • Description of groundwater monitoring field activities, • Table(s) of analytical results, with both recent and historical data in chronological order and tabulated by monitoring well number or other identification, • Copies of analytical laboratory reports, including quality assurance/quality control procedures and analytical test methods, • The report is to detail in descriptive summary, the groundwater flow patterns, gradients, known velocities, and analysis and interpretation of data collected to date including any potential impacts from well stimulation activities for each monitored aquifer zone.

6.4 Decommissioning At the end of the production or if the lease is terminated, the applicant will be responsible for reclamation of the entire site as described in Section 8, Reclamation and Monitoring Plan. However, within the Groundwater Monitoring and Reporting Plan, the applicant must identify and describe the well closure procedures to be used during site reclamation.

7 Horizontal Directional Drilling Plan & HDD Contingency Plan Applicants seeking outgrants for transmission pipeline projects will be required to include a Horizontal Directional Drilling Plan to address issues unique to the construction and operation of HDD pipelines. The applicant should review the Horizontal Directional Drilling Good Practices Guidelines (Bennet and Ariaratnam, 2008) for industry best practices and develop their HDD Plan accounting for the site-specific constraints on the Garrison Project lands.

7.1 Transmission Line Preferences for HDD HDD provides numerous advantages over traditional trenching and backfilling methods by reducing the potential impacts to surfaces, sensitive resources, cultural resources, Tribal resources, water resources, and state and/or federally protected species. Additionally, HDD installed pipelines typically provide additional protections against pipeline ruptures reaching the lake due to the amount of unconsolidated material between the pipeline and the bottom of the lake. Applicants are therefore encouraged to plan routes that allow for lake crossings via HDD methods and to coordinate with the Project Office early during route planning activities.

Applicants should note that alternatives to HDD methods may be proposed for consideration, but the USACE will typicallyDRAFT consider non-HDD methods only when the applicant has provided considerable and significant justifications that HDD methods cannot be used, or that their proposed alternative method offers greater resource protection and impact avoidance. If alternatives to HDD are being considered/proposed, this action will likely require the completion of an Environmental Impact Statement (EIS) to examine the potential significant impacts and cumulative effects of the installation and operation of the transmission along Lake Sakakawea and surrounding lands.

Additionally, the USACE has no preferred pipeline crossing locations at the Garrison Project. The criteria by which the USACE will initially evaluate a pipeline route is via the applicant’s demonstration that their route selection and installation method(s) avoid impacts to the variety of resources for which the USACE is responsible to manage, to provide the Congressionally-

Appendix A - SUPO Instructions A-14

authorized purposes of the project. The USACE will work with applicants to review submitted applications and provide input on proposals. The NEPA analysis should analyze the effects of multiple alternatives including the “No Action” alternative.

7.2 HDD Plan Content

HDD Plan contained within the applicant’s SUPO must provide detailed drawings and associated narrative describing the:

• Drill path alignment (plan and profile) of the proposed pipeline including the curve geometry of the pilot hole including its length, radius of curvature, points of curvature and tangency, depth of cover and elevations at all points along the alignment, • The site-specific geology along the proposed borehole alignment where a professional geologist/engineer has determined the foundation conditions that would be encountered along the designed drill path. The characterization should extend to 20-feet below the deepest part of the design drill path and should include: • The vertical and horizontal extents of subsurface strata, fill, debris, • Standard penetration rates, • Particle size distribution of coarse-grained soils, • The plastic and liquid limits of fine-grained soils, • Water table levels, and the • Areas of suspected and known contamination should be noted and characterized.

• Location, elevations, and proposed clearance between the drill path and all adjacent or intersecting underground and above ground utilities, • Pipeline material including product material, length, diameter and wall thickness, • Depth of soil cover over the drill path (minimally exceeding six feet), • Proposed location of all drill stem joints anticipated by the driller, • Diameter of the pilot hole and the final reamed hole, • Number of reaming passes, if there were to be more than one, • Description of the drill rig that would install the conduit,14 • Description of the drill crew’s experience with a list of completed water crossing projects including location, product diameter and length of installation, • Description of the measures the driller would take to prevent the drill bit from getting stuck and what methods would be undertaken to retrieve a drill bit should it become stuck, • DRAFT Description of the tracking system that the driller would use to track the progress of the pilot hole, • Description of the drilling mud system including: • The requirement to utilize a closed-loop system where all drilling mud would be contained, collected, recycled (if applicable) and transported off site for disposal, • The composition (density, viscosity, etc.) of the drill mud, • How it would be used - continuously for removal of cuttings, or continuously for mixing cuttings into slurry, or intermittently for lubrication purposes, • The operating pressures and flow rates of the drilling mud system, • How the drilling contractor would prevent “frac out”15 from occurring,

Appendix A - SUPO Instructions A-15

• Assessment of the maximum allowable residual mud pressures that the borehole wall can tolerate without a frac out, • Grouting plans for misdirected or unsuccessful bores during drilling, and • The applicant’s planning for a drilling mud engineer to monitor and maintain the required drilling mud properties and drilling pressures. • How the conduit would be assembled and that the completed product has the strength to withstand the installation loads and long term normal and extreme operating loads, • There shall be no blind sections – even when the bit is under an adjacent waterbody, • How the driller would regain the desired line and grade if the drill bit veers off the design alignment, • Description of any hand-holes or manholes and how the ends of the conduit would be sealed against water flow that may enter the conduit interior should the conduit develop a crack somewhere along its length, and • Grouting assumptions to address any instance where the borehole diameter would be larger than the conduit diameter. • Demonstrated Factor of Safety >1.5, using the DELFT equation.

7.3 HDD Contingency Plan

HDD Contingency Plan will be supplied by applicant in SUPO. It will address the response and containment in the event of an inadvertent release. Elements of this plan include: • Preparation, • Monitoring Procedures during drilling activities, • Notification Procedures in the event of an inadvertent release, • Corrective Action and Cleanup, • Abandonment of misaligned or suspend drilling holes.

8 Reclamation and Monitoring Plan Reclamation helps ensure that the effects of oil and gas activities on the land and on other resources and uses are not permanent and reclamation begins with planning before construction. A Reclamation and Monitoring Plan must be developed as part of the applicant’s SUPO for all surface disturbing activities related to oil and gas activities on USACE outgrants. The level of detail for the reclamation and monitoring plan shall be proportional to the complexity of the project, the environmental concerns unique to that location or activity, and the reclamation potential for the site. The ultimate objective of reclamation is ecosystem restoration, including restoration of the natural vegetation community, hydrology, and wildlife habitat. As an overarching goal, reclamationDRAFT is successful when a self-sustaining, vigorous, diverse, native plant community is established, with a density that will control erosion and non-native plant invasion, and re-establish wildlife habitat or forage production. Applicants are encouraged to have early coordination with the Garrison Project Office staff to identify the current practices expected for interim and final reclamation. Reclamation planning should reflect that reclamation is required once disturbed areas are no longer used for their intended purpose and applicants should plan to perform reclamation actions throughout their period of operation.

15 14 Applicant must utilize equipment designed to withstand twice the loads anticipated during pipeline construction. “Frac out” is an HDD industry term used to describe an inadvertent release of drill fluid resulting from the fluid escaping from an underground HDD borehole and rising to the surface above the borehole.

Appendix A - SUPO Instructions A-16

8.1 Reclamation The applicant’s Reclamation and Monitoring Plan should be modeled on the reclamation planning described by the BLM in Onshore Oil and Gas Order #1 (USDOI, 2007). The applicant must prepare the Reclamation and Monitoring Plan section of the SUPO to address the actions the applicant will complete for the reclamation of all disturbed areas and the approximate schedule (e.g., within six months) for the anticipated actions. This plan must prescribe the interim (i.e., during production) reclamation as well as the final reclamation planning at the time when the applicant intends to permanently discontinue operations. For final reclamation, all infrastructure and materials above ground (e.g., equipment, tanks, buildings, liners, pipelines, pits, and chemicals) must be removed from the site, and the area restored to its original condition.

The Plan must address actions and schedule for:

• Executing well closure (plug, if appropriate); • Marking a dry hole; • Abandonment of all pipelines;16 • Configuring the reshaped topography; • Restoring drainage systems; • Segregating spoil materials (stockpiles); • Removing rock surfacing material, • Re-contouring surface disturbances (e.g., backfill requirements); • Replacing topsoil; • Treating oil or salt contaminated soil; • Seeding or other steps to reestablish vegetation; • Controlling invasive/exotic species; • Deploying erosion control measures; • Removing all facilities and infrastructure from the site; • Installing reclamation fencing; • Reserve pit removal (if present), 17 • Reclaiming all disturbed areas, including any access roads and pipelines; • Monitoring of reclamation actions, including the planned duration of monitoring after cessation of oil and gas activities.

DRAFT

16 Plans for pipeline abandonment must be addressed comprehensively in the applicant’s reclamation and monitoring plan. Removal is the preferred option if determined that removing the pipeline would have less negative effects on the surface environment than leaving in place. Additional analysis may be needed to make this determination... If authorized to leave in place, pipelines must be cleaned, capped at the start and end points and all above ground structures be removed to three feet below ground surface. Grouting may be required in specific situations where an open pipeline could affect groundwater and/or levee relief wells. Other pipelines may be abandoned in situ.

17 Current leases require a closed loop system with no reserve pits, but leases prior to 2000 may have had open reserve pits. Any pits will require removal for final reclamation with confirmation sampling required as described in the Oil and Gas Policy (USACE, 2014).

Appendix A - SUPO Instructions A-17

8.2 Monitoring Within their SUPO, applicants need to include a plan for environmental monitoring and reporting to annually submit a summary report to the Garrison Project Office. The summary monitoring report would need to be submitted to the Project Office by the last day of February of any given calendar year in which earth disturbing activities first occur and through the end of final reclamation.

The Reclamation and Monitoring Plan in the SUPO should include an outline of the annual monitoring report that the applicant would submit. The Project Office would minimally expect that the monitoring report would include photographs of the site documenting pre-construction site conditions, the integrity of the active work site, (e.g., well maintained fences, cattle guards, signage),narrative description and photographs illustrating the applicant’s progress on interim and final reclamation, and other observations as deemed appropriate by the Garrison Project Office. Reclamation success would be evaluated by comparing existing conditions to the performance standards developed within the Reclamation and Monitoring Plan.

The monitoring activities proposed by the applicant in their Reclamation and Monitoring Plan should be developed in proportion to the scale of the applicant’s proposed actions. The plan should minimally include the applicant’s approach to documenting baseline information and then eventually restoring soils, vegetation, surface water drainages, wetlands, and ground surface slope (topography).

Reclamation and Monitoring Plan18 should detail the applicant’s proposed monitoring activities including:

• The pre-construction baseline monitoring parameters, the schedule for field data collection, and the format of the report within which the baseline conditions at the site would be reported to the Project Office before construction. Pre-construction site-characterization should minimally include: • Topographical Surveys • Botanical survey and habitat mapping, • Wildlife survey, • ND and federally-listed species19 survey, and • Wetlands survey (if appropriate). • Monitoring during production, • Monitoring to demonstrate the effectiveness of interim reclamation actions, and • Monitoring of final reclamation actions as required in the Oil and Gas Policy. DRAFT

18 Reclamation and Monitoring Plan will not address groundwater, storm water/surface water monitoring, H2S; the monitoring of these media will be addressed within their own sections of the SUPO. 19 Listed species survey must include endangered, threatened, and candidate species. Appendix A - SUPO Instructions A-18

9 Cultural Resources Management The United States Department of Defense recognizes its trust responsibilities to federally recognized Indian Tribes and has established an American Indian and Native Alaskan Trust policy that directs its agencies, including the USACE, to work with Tribes in a manner that incorporates tribal needs, traditional resources, stewardship practices, and the development of viable working relationships. Executive Order 13175 (2000), Consultation and Coordination with Indian Tribal Governments, outlines policy and establishes criteria for regular and meaningful consultation and collaboration with tribal officials in the development of federal policies having tribal implications. It also strengthens the United States government-to-government relationships with Indian tribes, and reduces the imposition of unfunded mandates upon Indian tribes.

The 2004 Programmatic Agreement for the Operation and Management of the Missouri River Main Stem System for Compliance with the National Historic Preservation Act, as amended (PA) is an attempt to provide a framework to address, identify, and solve many issues in relation to historic properties and the operation and maintenance of the Missouri River mainstem reservoir system associated with cultural and historic resource impacts involved with the ongoing operation and maintenance of the Missouri River system of main stem dams (USACE, 2004). The 2004 PA outlines the process through which the USACE and Signatories of the PA have agreed to follow for the fulfilment of Section 106 of the NHPA on Corps managed lands on the Missouri River mainstem reservoir system. These processes are essential to fulfill not only the Tribal Trust Responsibilities, but also comply with Section 106 of the National Historic Preservation Act.

Under the PA (USACE, 2004), affected Tribes and Tribal Historic Preservation Officers (THPOs), State Historic Preservation Officers (SHPOs), the Advisory Council for Historic Preservation (ACHP), and other consulting parties shall be provided the opportunity to participate in the development and implementation of agreements, management plans, and activities developed or required under the PA. This process will be followed for the Lake Sakakawea Surface Use Plan of Operation. The actions proposed by oil and gas applicants that meet the definition of an undertaking as stated in NHPA shall comply with NHPA Section 106 and 110. This pre-decisional consultation is integral to identifying any potentially significant impacts and determining ways of avoiding, minimizing, and mitigating effects. This process ensures compliance with all laws, regulations, and Executive Orders dealing with cultural resources. Early consultation with Tribes and other State and Federal agencies is integral to the fulfilment of Section 106 of the NHPA. Active participation in the consultation process by Tribes assists the USACE to ensure that DRAFTimpacts historic properties are avoided to the fullest extent possible. Under the PA, affected Tribes and THPOs, SHPOs, ACHP and other consulting parties shall be provided the opportunity to participate in the development and implementation of agreements, management plans, and activities developed or required under the PA. Signatory members of the 2004 PA, as well as Non-signatories of the PA, are involved in the Section 106 review of Federal Undertakings being reviewed by the Omaha District. Section 106 reviews consist of a preliminary review period (informational letter), and a 30-day review period once the USACE submits recommended determination of effect for the undertaking (see the Oil and Gas Management Plan document for an outline of this process). The request includes information from the literature and records search and a description of the project and its area of potential effect, including pertinent maps. The letter is sent to each PA representative, with a copy to the head of the agency or tribal Appendix A - SUPO Instructions A-19

government, as early as possible and prior to making any decisions about the proposed undertaking or matter. Further information or coordination of a site visit is provided upon request. In all circumstances the parties attempt to identify and preserve cultural resource sites and avoid affecting them. If avoidance is not possible, the Omaha District works with the consulting parties to minimize effects to such sites.

Signatories and Non-signatories of the 2004 PA are provided an informational letter as partial fulfilment of the requirements of Section 106 of the NHPA. The informational letter provides project details and establishes a recommend Area of Potential Effect (APE) for the proposed undertaking. The informational letter is an effort to involve Tribes as well as other state and federal agencies early on in the review process.

The informational letter also serves as a formal invitation to Signatories and Non-signatories of the 2004 PA to enter into consultation with the USACE on a specific project. Tribes may enter and exit consultation at any time, and may also request Government to Government Consultation if they wish. Tribal input during the review process is taken into account and may require additional or extended review of Cultural resource reports, field visits to the APE, and/or meetings to discuss and resolve issues. Determining the extent to which a proposed undertaking will effect/not effect historic properties is a federal decision, and in accordance with the 2004 PA, the USACE will notify Signatories and Non-signatories of the recommended Determination of Finding in writing, i.e., determination letter.

9.1 Applicant Requirements The procedure identified below is intended to provide a brief outline of the process that the USACE uses to review proposed federal undertakings in accordance with the terms of the 2004 Programmatic Agreement for the Operation and Management of the Missouri Main Stem System, and/or other active agreements, and 36 CFR Part 800: Procedure:

1. An action to be completed on federal lands is identified by the USACE or is received by the USACE from an independent party,

2. The designated Cultural Resources representative (i.e., USACE Archeologist) will determine if the action is a federal undertaking according to 36 CFR Part 800, or if it is an undertaking that is considered exempt per the Programmatic Agreement (2008 Operations Project Exemption List, Omaha District),

3. If the action is determined to be an undertaking, the lead USACE representative for the undertakingDRAFT will gather all information regarding the undertaking into a packet of information that can be shared with other project delivery team members,

4. In the event that the proposed undertaking is not an exempt action, the USACE Archeologist will require a Class I and III archaeological inventories for the lands identified in the project proposal,

• The USACE Archeologist will develop an “informational letter” to describe the undertaking and provide maps of the project Area of Potential Effect (APE). This letter is then distributed to the current signatories of the programmatic agreement for the Operation and Management of the

Appendix A - SUPO Instructions A-20

Missouri River Main Stem System as well as the Standing Rock Sioux Tribe (SRST) THPO and Tribal Archaeologist for Compliance with the National Historic Preservation Act as amended. The standard review and comment period is 30 days. All comments regarding the information letter will be addressed no later than 10 days after the closing of the 30-day comment period; • Class I and III inventories must be conducted by Cultural Resource Management (CRM) contractors that meet the professional qualification standards as identified in the Code of Federal Regulations, 36 CFR Part 61. Tribal Historic Preservation Officers (THPOs) and or other Tribal Representatives may request to have Tribal Specialists present during the Class III inventory, which project proponents and the CRM contractor must accommodate; • Before a CRM contractor can begin Class III inventory on USACE land the contractor must be approved for an Archaeological Resources Protection Act (ARPA) permit through the Garrison Project Office. The ARPA permitting process requires between 45 to 120 days to complete; • Once a CRM contractor has been approved for an ARPA permit they may conduct the Class III survey on USACE Land provided they follow the stipulations identified on the permit. If Tribal Historic Preservation Officers (THPO) have requested to be on site during the Class III survey work, the CRM contractor must make the necessary accommodations including providing advanced notice to both the Tribal Specialists and the Garrison Project office prior to the commencement of survey work. The review and consideration for acceptance of a Class III inventory generally requires 30-60 days; 5. Once a report has been accepted by the USACE Archeologist and THPO or SHPO, the USACE Archeologist will develop a “consultation request” letter that contains a description of the undertaking, maps of the project location on USACE Land, and avoidance measures for any cultural resources that locate in proximity to the project Area of Potential Effect (APE). This letter is then distributed to the current signatories of the programmatic agreement for the Operation and Management of the Missouri River Main Stem System, i.e., “Distribution list” as well as the Standing Rock Sioux Tribe (SRST) THPO and Tribal Archaeologist for Compliance with the National Historic Preservation Act as amended. The standard review andDRAFT comment period is 30 days; 6. The USACE Cultural Resources representative will utilize all comments and feedback for use in decision-making concerning the appropriate determination to be made concerning the undertaking’s effect on any cultural resources that are in the vicinity of the undertaking. The USACE will make a decision1 on the effect within 10 days of the close of the comment period;

• It is important to note that the USACE is responsible to make the final determination of effect, but it is the responsibility of the USACE to make

1 Appendix A - SUPO Instructions A-21

every attempt to satisfy any and all concerns pertaining to the undertaking prior to making the final decision.

7. The following are follow-on actions that will be carried out, by the USACE, depending on the determination that is made:

a. Given “no adverse effect” or “no potential to affect” cultural resource sites, and no comments or requests for additional consultation, the USACE will modify the “Determination Letter” with the determination of effect and forward the signed copy to the appropriate SHPO or THPO requesting their review and concurrence. A copy of the determination letter will be sent to the parties listed on the “Distribution list.” This letter, and associated copies furnished will be completed within 10 days of the close of the comment period;

b. If the undertaking received comments or a request for further consultation, the lead USACE representative will contact the party or parties that requested more information or consultation. Consultation will be held or information will be provided in an attempt to resolve any concerns about the proposed undertaking. Initial contact with those that have responded will be completed within 10 days of the end of the comment period;

i. [If the parties cannot resolve their concerns], the USACE lead representative will follow the appropriate processes as listed in 36 CFR Part 800, and ii. [If the concerns are resolved], the USACE will follow the process under 7.a) above. 8. According to 36 CFR Part 800 the SHPO or THPO will have 30 days to review and make a decision whether to concur or dispute the determination on the proposed undertaking.

9. Once a decision is received from the appropriate SHPO or THPO the USACE lead representative will:

a. [If the SHPO or THPO concurs with the determination], the USACE lead representative will notify the appropriate USACE personnel or the independent party that the project is approved and can be completed per theDRAFT information provided. The party or parties will be told that any changes to the undertaking will require the review and approval process to be initiated again.

• It is essential that a hard copy or e-mail response be given to the USACE personnel or independent party; although a verbal response can be given after the hard copy, or e-mail, response has been sent. An example confirmation letter is provided in Attachment 3. The concurrence letter from the appropriate SHPO or THPO will be included as an attachment.

Appendix A - SUPO Instructions A-22

b. [If the SHPO or THPO does not concur or requests additional information/ consultation] the lead USACE representative will contact the SHPO or THPO that requested more information or consultation. Consultation will be held or more information will be provided in an attempt to resolve any concerns about the proposed undertaking. Initial contact with the SHPO or THPO will be completed within 10 days of receipt of the decision by the SHPO or THPO,

i. [If the parties cannot resolve their concerns], the USACE lead representative will follow the appropriate processes as listed in 36 CFR Part 800, ii. [If the concerns are resolved], the USACE will follow the process under 9.a) above.

10 Revisions to Approved SUPOs In the event that an applicant’s plans for operation change from those reflected in an approved SUPO, the applicant must obtain an approved supplemental surface use plan of operations before conducting any surface disturbing operations that are not described in an approved surface use plan of operations. The applicant shall submit a proposed supplemental surface use plan of operations to the Garrison Project Office for USACE review and approval. The supplemental plan of operations need only address those operations that differ from the operations described an approved by the initial surface use plan of operations.

DRAFT

Appendix A - SUPO Instructions A-23

11 References Bennett, D. and S.T. Ariaratnam. 2008. Horizontal Directional Drilling Good Practices Guidelines, Third Edition. Horizontal Directional Drilling Consortium.

North Dakota Century Code (NDCC). 1997. Chapter 33-18-02, Ground Water Monitoring Well Construction Requirements. Online at: https://www.ndhealth.gov/WQ/gw/rules.htm

North Dakota Century Code (NDCC). 2011. Chapter 38-11.2-07, Protection of Surface and Ground Water - Other Responsibilities of the Mineral Developer. Online at: https://www.dmr.nd.gov/oilgas/rules/rulebook.pdf

North Dakota Department of Health (NDDOH). 2014. Authorization to Discharge Under the North Dakota Pollutant Discharge Elimination System. Permit No. NDR32-0000, Dated 31 Dec 2014. Online at: http://www.ndhealth.gov/WQ/Storm/Mining/NDR32per20150101F.pdf

North Dakota Department of Health (NDDOH). 2015. Authorization to Discharge Under the North Dakota Pollutant Discharge Elimination System. Permit No. NDR05-0000, Dated 1 April 2015. Online at: http://www.ndhealth.gov/WQ/Storm/Industrial/NDR05per20150401F.pdf

North Dakota Department of Health (NDDOH). 2015a. North Dakota Ambient Monitoring Network Plan/5 Year Assessment With Data Summary. Division of Air Quality, Bismarck, ND. Online at: http://www.ndhealth.gov/AQ/ambient/Annual%20Reports/ARNP_14-15.pdf

U.S. Army Corps of Engineers (USACE). 2007. Garrison Dam/Lake Sakakawea Master Plan with Integrated Programmatic Environmental Assessment, Missouri River, North Dakota. Update of Design Memorandum MGR-107D. Online at: http://cdm16021.contentdm.oclc.org/cdm/compoundobject/collection/p16021coll7/id/2348/rec/1

U.S. Army Corps of Engineers (USACE). 2010. Engineer Regulation ER 200-2-3. Environmental Compliance Policies, Environmental Quality. Washington, DC. Online at: http://www.publications.usace.army.mil/Portals/76/Publications/EngineerRegulations/ER_200-2- 3.pdf

U.S. Army Corps of Engineers (USACE). 2011. Garrison Dam/Lake Sakakawea Project, Surplus Water Report, Appendix A, Environmental Assessment, North Dakota. Omaha District, Northwest Division. Online at: http://cdm16021.contentdm.oclc.org/cdm/ref/collection/p16021coll7/id/37

U.S. Army Corps of EngineersDRAFT (USACE). 2014. Project Operations Oil and Gas Policy, Command Regulation No. CR 1130-2-14. Omaha District, Omaha, NE. Online at: http://cdm16021.contentdm.oclc.org/cdm/ref/collection/p16021coll7/id/966

U.S. Army Corps of Engineers (USACE). 2015. Policy and Procedural Guidance for Processing Requests to Alter US Army Corps of Engineers Civil Works Projects Pursuant to 33 USC 408. CECW-CP, Engineer Circular No. EC 1165-2-216, USACE HQ, Washington, DC. Online at: http://www.publications.usace.army.mil/Portals/76/Publications/EngineerCirculars/EC_1165-2- 216.pdf

Appendix A - SUPO Instructions A-24

U.S. Department of the Interior (USDOI). 1988. Bureau of Land Management, Onshore Oil and Gas Order No. 2, Drilling Operations. Online at: http://www.blm.gov/mt/st/en/prog/energy/oil_and_gas/operations/orders.html

U.S. Department of the Interior (USDOI). 1991. Bureau of Land Management, Onshore Oil and Gas Order No. 6, Hydrogen Sulfide Operations. Online at: http://www.blm.gov/mt/st/en/prog/energy/oil_and_gas/operations/orders.html

U.S. Department of the Interior (USDOI). 2007. Onshore Oil and Gas Order No. 1, Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Approval of Operations. Bureau of Land Management in Cooperation With the U.S. Department of Agriculture, Forest Service. Online at: http://www.blm.gov/wo/st/en/prog/energy/oil_and_gas/Onshore_Order_no1.html

U.S. Department of the Interior (USDOI). 2007a. Preamble to the Order No.1, Onshore Oil and Gas Order, Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Approval of Operations. Bureau of Land Management in Cooperation with the U.S. Department of Agriculture, Forest Service. Online at: http://www.blm.gov/style/medialib/blm/wo/MINERALS REALTY AND_RESOURCE_PR OTECTION_/energy/onshore_order_videos.Par.24124.File.dat/Onshore- Order_No_1_Preamble.pdf

U.S. Environmental Protection Agency (USEPA). 1994. National Oil and Hazardous Substances Pollution Contingency Plan. Online at: http://www2.epa.gov/emergency-response/national-oil- and-hazardous-substances-pollution-contingency-plan-ncp-overview

U.S. Environmental Protection Agency (USEPA). 2002. Groundwater Sampling Guidelines for Superfund and RCRA Project Managers, Ground Water Forum Issue Paper. Online at: http://www2.epa.gov/sites/production/files/2015-06/documents/gw_sampling_guide.pdf.

U.S. Army Corps of Engineers (USACE). 2004. Final Programmatic Agreement for the Operation and Management of the Missouri River Main Stem System for Compliance with the National Historic Preservation Act, as amended. USACE, Omaha District, Omaha, NE.

U.S. Environmental Protection Agency (USEPA). 2009. Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities, Unified Guidance, EPA 530/R-09-007. Online at: http://www3.epa.gov/epawaste/hazard/correctiveaction/resources/guidance/sitechar/gwstats/unifi ed-guid.pdf

U.S. Environmental ProtectionDRAFT Agency (USEPA). 2013. Science and Ecosystem Support Division, Groundwater Sampling Operating Procedure. Number SESDPROC-301-R3. Online at: http://www2.epa.gov/sites/production/files/2015-06/documents/Groundwater-Sampling.pdf

U.S. Environmental Protection Agency (USEPA). 2014. EPA Region 8 Area Planning Strategy, Regional Contingency Plan. Online at: http://www.rrt8.nrt.org/production/nrt/RRTHomeResources.nsf/resources/RRT8_RCP/$File/08_ Annex_VIII_Area_Planning_Strategy.pdf

Appendix A - SUPO Instructions A-25

U.S. Environmental Protection Agency (USEPA). 2014a. Title 40, Protection of the Environment, Part 136, Guidelines for Establishing Test Procedures for the Analysis of Pollutants. Online at: http://www.gpo.gov/fdsys/pkg/CFR-2014-title40-vol23/xml/CFR-2014- title40-vol23- part136.xml

U.S. Environmental Protection Agency (USEPA). 2015. Mid-Missouri River Sub-Area Contingency Plan (SACP). On-Scene Coordinator for Region 8, Emergency Response Program

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Appendix A - SUPO Instructions A-26

US Army Corps of Engineers Omaha District

Attachment A-1

Requirements for Oil and Gas Related Real Estate Instruments at the Garrison Dam/Lake Sakakawea Project

DRAFT

March 2020

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

Table of Contents

1 Construction Requirements ...... 1 1.1 Constructing Under Wet Conditions ...... 1 1.2 Winter Construction ...... 1 1.3 Other Seasonal Constraints ...... 2 1.4 Construction within an Existing Right-of-Way (ROW) on Corps Property ...... 2 1.5 Rig Release and Stacking ...... 2 2 Design Specifications ...... 2 2.1 Production Facilities ...... 2 2.2 Dikes...... 3 2.3 Roads and Pad Surfacing...... 3 2.4 Fences ...... 5 2.5 Gates ...... 5 2.6 Cattle Guards ...... 5 2.7 Signage ...... 5 2.8 Paint ...... 6 2.9 Noise Control ...... 6 2.10 Fire Prevention and Suppression ...... 6 2.11 Lines ...... 6 2.12 Flexible Hoses ...... 7 2.13 Chemical and Fuel Management ...... 7 2.14 Equipment and Vehicles ...... 8 3 Operations ...... 8 3.1 Animal Protection ...... 9 3.2 Hydrogen SulfideDRAFT Safety ...... 9 3.3 Gas Flaring ...... 9 4 Inspection and Documentation ...... 9 4.1 SUPO ...... 9 4.2 Grade Inspection ...... 9 4.3 Self-Inspection and Annual Reporting ...... 9 4.4 Sewage Management ...... 10

Attachment A-1 - Requirements

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

4.5 Wastewater Management ...... 10 5 Historic Preservation ...... 10 6 Interim and Final Reclamation Requirements ...... 10 6.1 Reclamation ...... 10 6.2 Disposal of Roads...... 10 6.3 Vegetation Management ...... 11

DRAFT

Attachment A-1 - Requirements

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan Requirements for Oil and Gas Related Real Estate Instruments

This appendix provides a listing of requirements for entities seeking real estate outgrants for oil and gas related actions on the Garrison Project. Applicants should review these requirements and incorporate them into their planning process. It is incumbent upon the applicant to demonstrate, within their SUPO, that their proposed actions would not violate any of these requirements. Additionally, applicants should expect that the requirements described in their SUPOs would be incorporated into the real estate outgrant as stipulations that must be adhered to until final reclamation is completed and the outgrant is terminated.

Not every item listed within this appendix would apply to every project because some requirements may not be relevant for all applicants (e.g., a transmission pipeline project would not require a flare pit). The applicant’s requirements will vary according to the project-specific planning and the site-specific resources being evaluated by the USACE through the environmental (i.e., NEPA) and Section 408 review processes. Applicants should anticipate that additional requirements, not listed herein, may be stipulated depending on the unique aspects of a project as determined on a case-by-case basis by the Garrison Project Office.

1 Construction Requirements Construction requirements are provided to the applicant to assists their planning efforts and their SUPO preparation. However, applicants should be aware that the USACE retains the right to stop the Operator’s work and direct mitigation at any time when the Garrison Project Office determines that site conditions need to be addressed.

1.1 Constructing Under Wet Conditions To prevent further degradation and erosion issues on fee title land, all construction activities are subject to immediate suspension during periods of wet weather. The normal wet season in this area lasts from early March to mid-June, but that does not preclude any other rain events or seasonal lake flooding necessitating construction activities being suspended.

1.2 Winter Construction The winter construction period will be considered to be in effect when any of the following conditions occur:

• Trenching is the only acceptable method for winter construction in upland areas; • The ground is frozen and plating of topsoil occurs; • EquipmentDRAFT slippage from operating on frozen ground results in scalping into plant root systems; • Road crossings cannot be adequately compacted (During early freeze-up, frost levels are normally deeper in roads than in surrounding areas.); • Topsoil is frozen and cannot be separated from sub-grade material in areas requiring right-of-way work; • The backfill material freezes to the extent that adequate compaction is compromised; and

Attachment A-1 – Requirements A1-1

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

• Reclamation of the entire ROW to Corps standards is compromised. 1.3 Other Seasonal Constraints In addition to the restrictions that prohibit surface occupancy for any oil and gas related activity as listed in Section 1.1. Limitations on Site Selection in the Applicant Requirements for SUPO Preparation, oil and gas activities (including maintenance) are also seasonally prohibited within areas as defined below:

• March 1 through August 31 within 0.25 mile (line of sight) of prairie dog colonies, • November 15 to April 1 within 1 mile (line of sight) of a game bird winter concentration area, • November 15 to April 30 of big game wintering habitat, • May 1 to June 30 in big game birthing areas, • April 15 through September 1 in areas identified as occupied habitat for federally listed threatened and/or endangered species, • March 1 through July 31 within 0.25 mile (line of sight) of swift fox dens, and • January 1 through March 31 on pronghorn antelope winter range. • April 1 to October 31: Tree clearing activities that may affect Northern long eared bat habitat. Current extent of seasonally-constrained habitats is dynamic; applicants should expect to coordinate their seasonal constraint considerations with current information from the ND Game and Fish and the US Fish and Wildlife Service.

1.4 Construction within an Existing Right-of-Way (ROW) on Corps Property When construction or maintenance of projects occurs within an existing ROW, it is the Applicant’s responsibility to obtain prior written permission from the entity possessing any outgrant in cooperation with the Garrison Project Office, project work agreement, special use permit, or encroachment permit on the affected portion of the ROW.

During pad construction, soil conditions may need to be re-evaluated to determine if additional precautions are needed in regards to highly permeable soils. Additional erosion control measures, secondary liners and less steep slopes may need to be constructed for soil conditions that readily allow migration of fluids into the subsurface of the site or sediment via overland flow in highly erodible soils. Garrison Project staff must be notified immediately of any changed site conditions.

1.5 Rig Release and Stacking The drilling rig shall be removed from the well pad within 30 calendar days upon the completion of drilling. The applicantDRAFT shall notify the Garrison Project staff of the drilling rig release date within two working days of removal for possible inspection by the Garrison Project Office.

2 Design Specifications 2.1 Production Facilities A distance of 125 feet must be maintained between all production facilities (i.e., between the well head and closest tank, vessel, or other equipment). All production facilities will have routine maintenance and inspections conducted to ensure the integrity of the facilities. During

Attachment A-1 – Requirements A1-2

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan any work over rig/operation blow out preventers will be installed while the work is being conducted.

The flare pit must be surrounded on all four sides by an impermeable dike/berm of sufficient capacity to adequately contain any incidental discharge from flare stacks. No elevated flare stacks are allowed. Flare pit igniters must be functional at all times. A minimum 30 foot vegetation free buffer must be maintained around flare pit and flare pits will not be constructed in coal seams.

The flare line(s) discharge shall be located at least 100 feet from the well head, having straight lines unless turns are targeted with running tees, and shall be positioned downwind of the prevailing wind direction and shall be anchored. Where noncombustible gas is likely or expected to be vented, the system shall be provided supplemental fuel for ignition in order to maintain a continuous flare.

Tank batteries need to be sited near the vehicle entrance onto the pad (i.e., not located on the far side of the pad away from the vehicle entrance. This ensures that when interim reclamation is implemented, the pad footprint can be shrunk appropriately.

2.2 Dikes The Applicant shall control water runoff in order to control soil erosion and prevent damage to facilities and surrounding landscape. Drainage ditches will be established and maintained on the pad to divert runoff into a central containment location (e.g., sediment pond). Standing water and/or puddles will not be allowed. An 18 inch high dirt dike will be constructed around the entire pad perimeter during the exploration phase of the well development and maintained until final reclamation.

If production facilities are constructed, each vessel containing production fluids of any kind must be surrounded on all four sides by an impermeable dike/berm. Steel containment walls are required to be placed around production facilities with waterproofed seams and lug nut holes. Berms constructed of earthen-material will not be allowed.

Dikes shall be constructed with 12 gauge galvanized 35” high steel secondary containment systems with 10 gauge galvanized steel posts and must be able to contain the volume of the largest tank plus one day’s production from the well. Vessel containing facilities include but are not limited to individual tanks, tank batteries, heater treaters, separators, line heaters, etc.

2.3 Roads and Pad Surfacing Any plans for new, or theDRAFT improvement and/or maintenance of existing, roads shall be designed by a Professional Engineer (PE) and all drawings will be PE stamped and described in the SUPO. Subgrade acceptance is required prior to surfacing and moving equipment onto the location.

All access roads and production facilities are to have gravel or scoria overlay applied as specified by the PE-stamped drawings. 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. Pad drainage devices such as valves, pipes, etc. will not be allowed.

Attachment A-1 – Requirements A1-3

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

The applicant must centralize roads and/or use existing roads as much as possible. Additionally, the applicant is responsible for maintaining all permitted roads. If the road segment(s) are included within a road maintenance agreement, the applicant shall cooperate with the maintenance group and contribute to the maintenance and improvement of all included roads.

A map shall be provided showing the proposed route to the location including appropriate distances from reference points to the point where the access route exits the highway or county road shall be shown. All roads proposed for access shall be appropriately labeled or color coded All existing roads within a radius of three miles from the location of a proposed well shall be shown, including information relative to the type of surface, condition, and load capacity.

The applicant shall limit truck traffic and personnel vehicle use to approved haul roads during the construction, drilling, production, and reclamation of the well site, so as to limit resource damage to other roads. Off-road vehicle travel is not allowed outside of the right-of-way, unless approved in writing by the Garrison Project staff.

Water control features should be constructed as necessary to control erosion. The maximum grade of the access road shall not exceed 10 percent, except for pitch grades (300 feet or less in length) in order to minimize environmental effects. Grades greater than 10 percent may be permissible with prior approval of the Corps. Culverts or drainage crossings should be designed for a 25-year or greater storm frequency, without development of static head at the pipe inlet.

All drainage ditches will be kept clear and free-flowing. All culverts will be kept free of rash, free flowing and serviceable. Access road should follow natural topographic contours to preserve natural drainage patterns, minimize tree loss, and should be designed and constructed to allow for successful interim and eventual final reclamation.

The topsoil will be stripped from the access road prior to any further construction activity to provide access to the subsoil, which is better suited for shaping and compaction. The amount of topsoil to be stripped will be determined by the Corps during an on-site inspection with the Garrison Project Office Staff. The stripped topsoil will be temporarily stored along the sides of the new access road and subsequently spread on the back slopes in preparation for seeding during interim reclamation. Topsoil mounds should be no higher than four feet and covered, preferably with a natural material, to prevent erosion, for no longer than six months.

The applicant must implement dust suppression by spraying roads with water. The applicant will provide the 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 approvedDRAFT road plans. Construction operations shall be suspended if the contractor fails to have these documents on site.

Upon plugging and abandonment of a well, the applicant will notify Garrison Project staff for a final determination of whether the road is to be retained by the USACE or reclaimed by the applicant. Roads retained by the USACE must meet approved road construction standards. Upon acceptance of the road, liability for the road would be transferred from the Applicant to the USACE.

Attachment A-1 – Requirements A1-4

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

2.4 Fences The entire well location will be fenced prior to any drilling equipment entering the well pad location. Fence must be built according to USACE guidelines and standards at the USACE Protective Design Center (drawings 11-14 at https://pdc.usace.army.mil/library/drawings/fence). The applicant will maintain the integrity of the fence for the life of the well. Wires shall be tightened if loose. Broken strands of wire, damaged and/or broken posts, and damaged and/or broken braces shall be replaced and woven wire is prohibited. Once the vegetation has been re- established under interim reclamation and determined to be satisfactory by the Garrison Project staff, the fenced area shall be reduced to the maximum extent possible to complete product retrieval operations.

2.5 Gates A by-pass gate will be installed alongside each cattle guard (minimum width of 14 feet wide). Gate braces will consist of two upright posts and one horizontal pole (minimum of eight feet wide on each side of the gate). Smooth wire will be used for all braces, as well as the loop for opening the gate. Gate sticks will be wooden, round (a minimum of two inches on the small end). Hinges or latches shall be repaired if not operating properly. Hinges shall be oiled. Swing gates, if allowed, shall be lubricated and swing easily. All gates shall be kept closed and unlocked; locked gates shall not be allowed.

2.6 Cattle Guards Cattle guards will be a minimum HS-20 load rating if the cattle guard is part of an existing range fence or if the access road will pass through the well pad requiring two cattle guards. If the cattle guard is located at the entrance to the pad, only the applicant can determine the standard. If a future road passes through the pad then the applicant’s standard cattle guard shall be replaced with a HS- 20 cattle guard and “Cattle Guard Ahead” warning signs shall be installed. All cattle guards will be maintained and cleaned out as needed. 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 cattle guard shall be removed when drainage is blocked or when it reaches six inches from the bottom of the cattle guard frame. Drainage to and from the cattle guard shall be kept open. A by-pass gate will be installed as specified under gates with all cattle guards.

2.7 Signage The applicant shall immediately install a durable well sign that is legible under normal conditions at a minimum distance of fifty feet. The sign will be posted at the cattle guard entering the well site and maintained for the life of the well site. The following information will be on the sign: DRAFT o Well name/number, o Name of outgrant Holder, o Outgrant serial number and/or CA number, o Surveyed location (quarter/quarter, section, township, range), o No trespassing would also be on road leading to well pad, and o Emergency Contact Information.

Attachment A-1 – Requirements A1-5

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

The applicant is required to provide on and off- site signs warning the dangers of hydrogen sulfide (H2S) around developed oil production sites that have the potential to produce H2S.

2.8 Paint All above ground facilities, equipment, and accessories (including propane tanks) shall be painted an earth tone color that blends with surrounding environment within six months of well completion. Color selection will be determined by the Garrison Project staff and rely on current color guidelines used by the BLM.1 Approved offsetting colors for moving parts, weights, horse head, etc., must be approved by the Garrison Project staff. All paints must be flat; no gloss and semi-gloss paints are allowed. All permanent structures are required to be re-painted in a color or colors selected by the Garrison Project staff at least once every five years. No camouflage patterns will be allowed.

2.9 Noise Control The use of internal combustion engines to provide the prime moving power of production equipment is prohibited. All production equipment, compressors or other components associated with production facilities will be electrically powered, to avoid disturbance to the general public, wildlife, livestock, and surface owners.

2.10 Fire Prevention and Suppression The applicant shall build or construct fire lines or do such clearing around the well location for fire prevention along with having the proper personal protective equipment (PPE) on site. A 30 foot minimum bare ground buffer zone shall be maintained around any production facilities, equipment and/or accessories) limiting the likelihood of producing a flame. Examples include but are not limited to heater-treaters, flare pits, separators, line heaters, etc.

2.11 Lines Any open-ended line or valve on any production facilities, equipment, and/ 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 lines shall be painted. Load (truck) lines must terminate within the diked area.

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. Battery vents should not come down to ground level unless a vapor recovery system is installed to prevent the build-up of flammable vapors. Secondary gas containmentDRAFT lines from the production tanks to the flare pit are 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.

1http://www.blm.gov/style/medialib/blm/mt/blm_programs/energy/oil_and_gas/operations/gold_book.Par.82194.Fil e.dat/Stand_Enviro_Color.pdf

Attachment A-1 – Requirements A1-6

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

2.12 Flexible Hoses Flexible hoses--if approved in an accepted SUPO and fully executed RE instrument--once installed must match the original manufacturer’s technical specifications regarding all stated dimensions and ratings. Manufacturer’s technical specification must be kept on site and available for inspection at all times. Flexible hoses which have been altered, repaired, or remanufactured in any way from their original specification without approval or certification from the original manufacturer will not be allowed. If the specifications are not available on site or the hose does not match the specifications, operations will be shut down until correction is accomplished. Use, operation, and maintenance of flexible hoses will comply fully with the manufacturer’s specifications.

Each flexible hose must be marked/stamped by the manufacturer with the following information clearly legible and accessible on the steel sections of each end of the flexible hose (end fittings, couplers, flanges, stiffeners, etc.):

a. Name or identification of the manufacturer, b. Serial number, c. The internal diameter of the flexible hose assembly, and d. The rated working pressure of the flexible hose assembly. Flexible hoses must be firmly anchored to prevent excessive whip or vibration. Anchors must be constructed in a manner capable of withstanding whip and vibration given the rated working pressure and flow rates of the well control equipment.

e. Anchors must be attached to the flexible portion of the hose and not to the “metal end assemblies” (e.g. hubs, flanges, stiffeners, etc.), f. Flexible hoses of twenty (20) feet or more in total length must be supported in order to keep the hose fairly level and secure from excessive movement. Leveling support locations must also be anchored adequately to withstand whip and vibration under rated working pressures and rated flowing conditions, g. All bends in the flexible hoses exceeding 45-degrees must be anchored. 2.13 Chemical and Fuel Management Within their SUPO, the applicant must disclose and provide the USACE with an inventory of the kinds, amounts, and hazards of all chemicals, additives, hydraulic fracturing fluid/mud materials, and/or any other substances used during drilling and/or production of the well. Additionally, the applicant is required to have copies of Safety Data Sheets (SDS) for every chemical or substance to be used for their operation. DRAFT All containers used for chemical storage during the course of construction, drilling, completion, and production will be properly labeled with the chemical name and both physical and health hazards. Labels are required on all containers of hazardous material in the work area including materials being transferred between working areas. The maximum number of chemical containers on location shall not exceed amount needed for immediate operational 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. All storage tanks 55 gallons or larger will have

Attachment A-1 – Requirements A1-7

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan routine maintenance and inspections conducted to ensure the integrity of the tanks according to STI standards and 40 CFR 112. All flammable materials must be stored according to 29 CFR 1910.

During drilling of the wells, the diesel used for the air chuggers, air compressors, etc. must be stored at the well site in fuel tanks that are double walled and sitting on a nonporous geomembrane liner. Any soils that are contaminated from incidental spills will be excavated and hauled to a state approved facility. If methanol tanks are required to prevent freeze up of air systems or other machinery it must be located within the treater building. Coordination with the Corps is required if methanol tanks are proposed for use.

2.14 Equipment and Vehicles Only equipment necessary to complete work at the pad location should be on site. The Applicant will notify the Corps of timeframes for how long equipment will be on site. Storage of unnecessary equipment will be prohibited. On the day the well goes into production, the process of removing all unnecessary equipment and trash should begin.

All equipment and associated accessories shall be functional and properly maintained to prevent resource damage or shall be promptly removed from the location. The resting/storage of required equipment or storage of temporary equipment (i.e., fracking containers), must be located within the boundaries of the well pad. Equipment not described and approved in the SUPO is to be determined as excessive equipment and shall be promptly removed from the location.

Fueling of vehicles or storage of fuel on USACE owned lands is prohibited.

3 Operations The well site, access roads, and any other facilities associated with the well shall be maintained in an orderly and safe manner, regardless of well status.

The Area of Operations during the drilling phase includes the entire disturbed area of the well pad and ancillary facilities. 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, 15 feet outside of the anchors (dependent upon anchor spacing), and any area used by vehicles regardless of frequency.

Remote telemetry monitoring of the production well is required. Any abnormalities which may compromise the integrity of the well must be reported to the Garrison Project Office within 24 hours. DRAFT As-built survey plats that are geo-rectified in geographical information system (GIS) shapefiles, must be submitted to the Garrison Project Office upon completion of all wells, roads, flow lines, pipelines, and any other attendant facilities.

Attachment A-1 – Requirements A1-8

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

3.1 Animal Protection All facilities shall be designed and maintained to ensure that wildlife and domestic animals cannot get into nor can be harmed from facilities and/or equipment. To minimize wildlife- vehicle related collisions, the applicant shall advise employees and contractors to exercise caution and travel safely near the project area. Harassment of wildlife and livestock is prohibited. The applicant must be protective of livestock which may include the applicant fencing (in coordination with the Garrison Project Office staff) the project area to ensure livestock safety.

The applicant is required to take all necessary steps to prevent any death of a migratory bird in association with the drilling, testing, completion, or production. The death of any migratory bird found in any open catch or basin is a violation of the Migratory Bird Treaty Act and is considered a criminal act.

3.2 Hydrogen Sulfide Safety

Initial H2S training shall be completed and all H2S related safety equipment shall be installed, tested, and operational when drilling reaches a depth of 500 feet above, or three days prior to penetrating (whichever comes first) the first zone containing or reasonably expected to contain H2S. For completion and workover operations, all required equipment and warning systems shall be operational and training completed prior to commencing operations.

3.3 Gas Flaring Gas produced from a well may not be vented or flared beyond an initial, authorized test period of 30 days or 50 MMCF following completion, whichever first occurs. Should gas be vented or flared without approval beyond the test period, applicants may be directed to shut-in the well until the gas can be captured or approval to continue venting or flaring as uneconomic is granted.

4 Inspection and Documentation 4.1 SUPO A complete copy of the approved SUPO and all appendices, including conditions, stipulations, exhibits, and the H2S contingency plan must be on the applicant’s site of operations and available for reference at all times.

4.2 Grade Inspection The applicant will contact the Garrison Project Office when the construction activity is completed and prior to road surfacing for a subgrade inspection and acceptance. Subgrade acceptance is required prior to surfacingDRAFT and moving equipment onto the location.

4.3 Self-Inspection and Annual Reporting Outgrant holders are expected to initiate their own inspections programs, identify noncompliance, and take appropriate corrective actions. Details of the annual self-inspection and the inspection’s findings must be submitted to the Project Office as part of the annual report until the well is no longer in production and final reclamation has been completed.

Attachment A-1 – Requirements A1-9

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan

The applicant must provide tank inspection reports to the Garrison Project Office upon request.

4.4 Sewage Management All sewage waste must be disposed of in State and/or County approved facilities and records of the disposal from outgrant holders shall be kept and made available to the Garrison Project Office staff upon request. 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 applicant shall provide the Garrison Project staff with copies of the inspections.

4.5 Wastewater Management The lined trench containment system shall be designed so that all runoff of fluids are collected in the catch trench thus prevented from leaving the well pad. During production, the lined catch trench will be monitored by the applicant; when the trench reaches 75-percent of storage capacity, the applicant must remove the collected liquid and dispose of the material in accordance with ND State Law.

The applicant will be required to provide the Garrison Project Office the records of wastewater disposal at approved sites within their annual report.

5 Historic Preservation A copy of the ARPA permit issued by the USACE is required to be on-site for any construction monitoring required for the project for the purposes of unexpected discoveries. The applicant is responsible for informing all persons in the area associated with work on the outgrant that they will be subject to prosecution for knowingly disturbing historic or archaeological materials which are uncovered at the site. The applicant is to immediately stop work that might further disturb such materials, and contact the Garrison Project Office.

6 Interim and Final Reclamation Requirements 6.1 Reclamation A minimum of one month prior to initiating earthworks for interim or final reclamation activities, outgrant holders must complete a site visit with Garrison Project Office staff where the reclamation construction dates and work plan will be reviewed and confirmed. After the site visit, Garrison Project Office staff must be notified at least 48 hours prior to commencement of any interim or final reclamation operations. Within 30 days of well completion, the well location and surrounding areas(s) will be cleared of, and maintained free of materials, and equipment not required for production; all debris andDRAFT trash shall also be removed within 30 days of well completion. Earthwork for interim and final reclamation will be completed within six months of well completion or plugging unless a delay is approved in writing by the Garrison Project Office. All reclamation equipment will be cleaned prior to use to reduce the potential for introduction of noxious weeds or other undesirable non-native species.

6.2 Disposal of Roads Upon plugging and abandonment of the well, the outgrant holder will request a final determination of whether the road is to be retained by the USACE or reclaimed by the outgrant holder from the Garrison Project Office. Roads retained by the USACE must meet approved

Attachment A-1 – Requirements A1-10

Garrison Dam / Lake Sakakawea Project Oil & Gas Management Plan road construction standards. Upon acceptance of the road, liability for the road would be transferred to the Corps.

6.3 Vegetation Management Construction in native prairie will be avoided if at all possible. All disturbed native prairie shall be reseeded with a native grass/forbs seed mixture as specified by the Garrison Project Office and with seed stock or cuttings obtained from nurseries within 250 miles of the project area to insure the particular cultivars are well adapted to the local climate. Any unavoidable losses of native forest or riparian forest shall be replaced with similar species in accordance with the Garrison Project Tree/Vegetation Mitigation SOP #14.

DRAFT

Attachment A-1 – Requirements A1-11

r.Pr.'I

~ US Army Corps of Engineers Omaha District

Appendix B

Oil and Gas Inspection Checklist

Garrison Dam/Lake Sakakawea Project North Dakota

DRAFT

March 2020

Garrison Project Office Oil and Gas Inspection Checklist OIL & GAS OPERATOR: FIELD:

LEASE NUMBER: WELL NAME/NUMBER: API #: Twn: Rng: County: TOTAL DEPTH: FORMATION(s): Sec: Qtr: State: NORTH DAKOTA N/S Foot: E/W Foot: Lat.: Long.: Inspection Time: Trips:

Inspection Date: Inspector:

LESSEE BEING INSPECTED

LESSEE-- OPERATOR--

OPERATOR POINT OF CONTACT --

SURFACE OWNER:

NAME-- PHONE/EMAIL--

ADDRESS--

SITE CONSTRUCTION EXTENT OF ROW STAKED: YES □ NO □ FENCING INSTALLED AND MAINTAINED: YES □ NO □ ACTIONS ONLY WITHIN ROW: YES □ NO □ LOCATION PROPERLY SIGNED: YES □ NO □ EROSION/STORMWATER CONTROLS: YES □ NO □ SOIL STOCKPILE RUNOFF CONTROLLED: YES □ NO □ CATTLEGUARDS/GATES S PER SUPO: YES □ NO □ UTILITIES TO SITE PER SUPO: YES □ NO □ ROAD SURFACE PER SUPO: YES □ NO □ ROAD SUBGRADE INSPECTED: YES □ NO □ PAD SURFACE PER SUPO: YES □ NO □ ROAD MAINTAINED: YES □ NO □ STORMWATER DETENTION PER SUPO: YES □ NO □ SPEED LIMIT SIGNAGE POSTED: YES □ NO □ NOTES ON SITE CONSTRUCTION: DRAFT

WELL SITE/DRILLING/OPERATIONS PAD LOCATION SAME PER SUPO : YES □ NO □ PAD SIZE SAME PER SUPO : YES □ NO □ ACTIVITIES CONFINED TO PAD: YES □ NO □ WATER SOURCE PER SUPO : YES □ NO □ SOIL STOCKPILE SAME PER SUPO : YES □ NO □ SPILL CONTAINMENT PER SUPO : YES □ NO □ TANKS LOCATED AT PAD ENTRANCE: YES □ NO □ FLARE PIT PER SUPO : YES □ NO □ DUST SUPPRESSION PER SUPO : YES □ NO □ FACILITIES PAINTED PER SUPO : YES □ NO □ FACILITIES LABELED PER SUPO: YES □ NO □ DRILL RIG RELEASE PER SUPO: YES □ NO □ PRODUCTION FACILITIES DIKED YES □ NO □ DRIP CATCH BASINS USED: YES □ NO □ SAFETY DATA SHEETS ONSITE: YES □ NO □ DIESEL FUEL DOUBLE CONTAINED YES □ NO □ TRIPLE CONTAINMENT CONSTRUCTED: YES □ NO □ REMOTE TELEMETRY FUNCTIONING: YES □ NO □ SELF INSPECTION AVAILABLE: YES □ NO □ PORTABLE TOILETS PER SUPO : YES □ NO □ AARPA PERMIT AVAILABLE: YES □ NO □ SEWAGE INSPECTIONS DONE: YES □ NO □ LIGHTING SHROUDED PER SUPO: YES □ NO □ WIND SOCK IN USE: YES □ NO □ H2S PLAN ONSITE FOR INSPECTION: YES □ NO □ ONLY NECESSARY EQUIPMENT ON SITE: YES □ NO □ NOTES ON SITE WELL SITE/DRILLING/OPERATIONS:

DRAFT

WASTE MANAGEMENT CLOSED LOOP SYSTEM: YES □ NO □ CUTTINGS DISPOSED OF OFF SITE: YES □ NO □ PRODUCED WATER DISPOSAL RECORDS: YES □ NO □ WASTEWATER DISPOSAL RECORDS: YES □ NO □ NOTES ON WASTE MANAGEMENT:

EMERGENCY RESPONSE PLANNING

SPCCP ONSITE PER SUPO: YES □ NO □ EMERGENCY FACILITY AREA DESIGNATED:YES □ NO □ SPILL RESPONSE SUPPLIES ON SITE: YES □ NO □ LINED CONTAINMENT SYSTEM PER SUPO: YES □ NO □ RECIRCULATION PUMP AND HOSE PER SUPO:YES □ NO □ CONTACT NUMBERS FOR SPILLS ONSITE: YES □ NO □ NOTES ON EMERGENCY RESPONSE PLANNING:

GROUNDWATER MONITORING AND REPORTING

PLAN ONSITE FOR INSPECTION: YES □ NO □ WELLS SIGNED AND LABELED ON-SITE: YES □ NO □ GROUNDWATER REPORT SUBMITTED: YES □ NO □ GROUNDWATER MONITORING PER SUPO: YES □ NO □ NOTES ON GROUNDWATER MONITORING AND REPORTING: DRAFT HORIZONTAL DIRECTIONAL DRILLING

HDD PLAN & CONTINGENCY PLAN ON SITE: YES □ NO □ CLOSED LOOP DRILLING SYSTEM: YES □ NO □ NOTES ON HORIZONTAL DIRECTIONAL DRILLING:

INTERIM RECLAMATION

INTERIM RECLAMATION PER SUPO: YES □ NO □ NOTIFY PROJECT OFFICE PRIOR TO START: YES □ NO □

NON ESSENTIAL EQUIPMENT REMOVED YES □ NO □ EARTHWORK COMPLETED: YES □ NO □

SOIL RE-SEEDED PER SUPO: YES □ NO □ INVASIVE SPECIES CONTROL PER SUPO: YES □ NO □ NOTES ON INTERIM RECLAMATION:

FINAL RECLAMATION

NOTIFY PROJECT OFFICE PRIOR TO START: YES □ NO □ INFRASTRUCTURE REMOVED PER SUPO: YES □ NO □

EARTHWORK COMPLETED PER SUPO: YES □ NO □ WELL CLOSED PER SUPO: YES □ NO □

ROCK SURFACING REMOVED PER SUPO: YES □ NO □ RECLAMATION FENCING PER SUPO: YES □ NO □

TOPOGRAPHY RESTORED PER SUPO: YES □ NO □ TOPSOIL REPLACED PER SUPO: YES □ NO □

EROSION CONTROL MEASUREES PER SUPO: YES □ NO □ CONTAMINATION REMOVED PER SUPO: YES □ NO □

SEEDING PER SUPO: YES □ NO □ INVASIVE SPECIES CONTROL: YES □ NO □ NOTES ON FINAL RECLAMATION:

MONITORING

MONIRORTING PLAN ON-SITE: YES □ NO □ ANNUAL REPORT SUBMITTED: YES □ NO □

PRE-CONSTRUCTION BASELINE DONE: YES □ NO □ MONITORING PER SUPO: YES □ NO □ NOTES ON MONITORING: DRAFT

Onsite – Photos PHOTO NUMBER PHOTO INFORMATION 1.

2.

3.

4.

5.

6.

7.

8.

Photo 1 Photo 2

DRAFT

Photo 3 Photo 4

Photo 5 Photo 6

Photo 7 Photo 8

DRAFT

r.Pr.'I

~ US Army Corps of Engineers Omaha District

Appendix C

Oil & Gas Reclamation Guidelines

Garrison Dam/Lake Sakakawea Project North Dakota

DRAFT

March 2020

OIL & GAS RECLAMATION GUIDELINES U.S. ARMY CORPS OF ENGINEERS, GARRISON PROJECT

1. Introduction.

This Guideline is intended to provide a strategic framework for Oil and Gas Reclamation projects on U.S. Government owned properties for which the US Army Corps of Engineers (Corps) has management and operational responsibilities. The primary objective of each reclamation project is to fulfill the requirements of the Corps outgrant or permit by effectively restoring the site to its original or like condition to the satisfaction of the Corps. The oil and gas operator will insure that no environmental liability remains at the property and will comply with all applicable federal, tribal, state, or local laws. The Corps will provide written notification of appropriate closure to the operator after the site is successfully restored.

2. Regulatory Requirements. • Surface Standards and Guidelines for Oil and Gas Exploration and Development - The Gold Book (BLM, 2007). • NDIC Administrative Rule 43-02-03-34.1. - Reclamation of Surface (NDIC, 2014a) • Cleanup Action Levels for Gasoline and Other Petroleum Hydrocarbons, North Dakota Department of Health (NDDoH, 2006). • Industry standard best management practices (BMPs)

3. Mineral Ownership.

Coordination will be required with the North Dakota Industrial Commission (NDIC) and/or the Bureau of Land Management (BLM). The NDIC has jurisdiction over state and private minerals while the BLM has jurisdiction over federal minerals. The Plug & Abandon (P&A) Report and Sundry Notices shall be filed with the appropriate agency depending on mineral ownership. Copies of the sundry notices and reports shall be provided to the Corps at the time they are provided to the NDIC and/or BLM. Approval of the Sundry Notices will be given by the agency with jurisdiction, with concurrence by the Corps.

4. Soil Sampling, Constituents of Concern, and Field Screening.

4.1. Soil Sampling & Analysis Plan. Prior to Construction and before final Reclamation is approved, The operator shall perform no less than five (5) test pits per acre to a minimum depth of twelve inches belowDRAFT original ground surface. Test locations will be submitted to the Corps for approval prior to work being completed. Composite samples will be collected based upon biased sampling methods. Soil that is suspect to be impacted will be included in the composite sample based upon visual and olfactory means. Composite samples should be taken from the following locations on the well pad that have shown to be historically impacted crude oil and/or brine: well head, flare pit, heater treater, tank battery, pipeline corridors, stormwater catchment basins, and reserve/trash pits (if no record of approved interim reclamation and/or vegetation is not growing adequately on the surface). Results from the sampling analysis will be provided to the Corps and incorporated into the Reclamation Work Plan (RWP). 1

4.2. Constituents of Concern (COCs). Once operations are complete, the oil and gas system requires reclamation, which includes identifying, segregating, and removing contaminated soils from the site prior to regrading and revegetation. Soil sampling will be conducted to determine if soils in the overburden or subsurface are impacted. Impacted soils will be characterized per NDIC and NDDOH guidelines: • Electrical Conductivity (EC): 2,000 micro-Siemens per centimeter (μS/cm) where soils are located in the root zone (upper 12 inches of the final grade) and 4,000 μS/cm where soils are not within the root zone; and • Total Petroleum Hydrocarbons (TPH-DRO, GRO, & ORO): 100 ppm (mg/kg)

A list of COCs which are typically related to oil and gas production and are identified as important to the Corps for future environmental liabilities at the site include: • Volatile Organic Compounds- Benzene, Toluene, Ethylbenzene, Xylene (BTEX • Heavy Metals- Arsenic, Barium, Cadmium, Chromium, Lead, Mercury, Selenium, Silver Specific cleanup standards for these additional COCs are not available from the regulatory agencies. However, analytical results from soil sampling at the well pad will be compared to background levels as a baseline for determining potentially impacted soils. If analytical results indicate that there is significant variance between background levels and the well site samples (e.g. two times background), the operator will contact the Corps to discuss cleanup level scenarios specific to the site.

The following parameters will be analyzed to verify acceptability of the soil as vegetation medium: pH, alkalinity, calcium, chloride, magnesium, potassium, sodium, sulfate, sodium absorption ratio (SAR), and organic matter. Results from these COCs will also be reviewed against background levels to determine if additional remedial actions are needed for vegetation to successfully grow at the site.

4.3. Field & Confirmation Screening Methods. Field screening methods will be used to delineate the extent of soils that were determined to be impacted based upon initial sampling analysis. Any soil that exhibits visual and olfactory signs of contamination will continue to be field screened until COC action levels are no longer exceeded. Observations and field screening data should be provided to the Corps in a final report.

Field screening for pH and EC will be conducted according to Section V of the NDIC’s, A Guide for Remediation of Salt/Hydrocarbon Impacted Soil (NDIC Guide) (NDIC, 2014b). Common examples include using an EC meter or using field titrations for chloride according to the Hach Company Chloride QuanTab® Test Strips instructions. DRAFT TPH field screening should be conducted according to the EPA SW 486 analytical method. One example would be to use the Dexsil Corporation’s PetroFLAG® Hydrocarbon Analysis System User’s Manual (Dexsil, 1997). The PetroFLAG® System can be used to conduct TPH field screening because field trials demonstrated by the U.S. Environmental Protection Agency (EPA) for the PetroFLAG® System exhibited statistical correlations that compared well with EPA SW 486 analytical methods.

Additional field screening methods may be requested and used by the operator if approved by the Corps.

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5. Removal Alternatives for Overburden/Fill Material.

When well pads are constructed, borrow material such as overburden or fill is typically placed onto the site to construct a flat operational surface. A common condition of approval (COA) in Corps permits for oil & gas well pads is for the operator to remove all fill material from the site during reclamation and restore the site to original contours. The operator has two alternatives on how to remove the overburden from the site.

5.1. Transport all fill to a landfill. The operator may choose to simply excavate and transport all fill material to a depth of one foot below original grade to a landfill. In this scenario, soil sampling of the fill material would not be required for Corps purposes but may be required for transportation and disposal purposes. Additionally, confirmation sampling of the COCs listed above would still be required 12 inches below original grade. Doing so is required to insure that the site does not contain any residual contamination. If contamination is found, subsoil will be removed until COC action levels are no longer exceeded or to a depth of four feet below original grade. The operator would need to propose a soil removal alternative if COCs are still found to be exceed action levels at a depth of four feet or deeper. See section 6.9 for more information.

5.2. Initial sampling and reuse of clean overburden. The Corps would prefer to reuse ‘clean’ overburden as a road amendment on nearby Corps managed property. Doing so would reduce transportation costs to the operator and provide benefits to public access roads without cost to the Corps or taxpayer. ‘Clean’ overburden will be characterized using both initial sampling analysis and subsequent field screening methods during excavation. The criteria for ‘clean’ overburden for beneficial reuse will include: BELOW the regulatory limits for TPH at 100 ppm AND for salinity at 4,000 μS/cm AND not exhibiting ‘red flags’ when background is compared to any of the additional COCs identified in section 4.2.

6. Reclamation Work Plan (RWP) Requirements.

6.1. Site History. The operator shall consolidate applicable documentation for the history of the site. Examples will include but are not limited to: the Corps permit with COAs, photos/mapping of the site prior to disturbance, application for permit to drill (APD), surface use plan, spill reports from the site, interim reclamation documentation, sundry notices and reports, mapping of both owned and support facilities (i.e. service roads, electrical service, pipelines, etc), and cultural resource clearances.DRAFT This information will be used by the operator to draft a site specific reclamation work plan (RWP). Copies of this information will be referenced as appendices in the RWP.

6.2. Schedule. The operator will submit a schedule that outlines when the necessary work is anticipated to be completed. The Corps will be notified and presented a RWP at least 30 days prior to initiating reclamation. A Sundry Notice will be filed with the BLM or NDIC to receive concurrence with the RWP. Corps personnel will be notified at least 48 hours prior to commencement and completion of key work items. All work shall be completed within 360 days

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of filing the Sundry Notice to P&A the well. A Sundry Notice will be filed with the NDIC within 30 days after the reclamation work is performed. Copies of all Sundry’s will be provided to the Corps.

6.3. Coordination. The operator will be required to coordinate and insure the RWP includes the contact information for the following entities: regulatory agency POC per mineral ownership (i.e. BLM or NDIC), Corps POC, Corps third party lessee POC (if applicable, e.g. ND Game & Fish), operator engineering firm/consultant POC, operator contractor POC, analytical laboratories POC, waste disposal facility POC, operator QC POC, operator safety POC, etc.

6.4. Quality Control & Safety Plan. The operator will insure the RWP identifies specific quality control and safety objectives for each phase of the work and describes how they will be accomplished. The operator will also insure one-call notifications for utility marking are made prior to earthworks commencing and have a contingency plan for emergencies.

6.5.Archaeological Clearance. The project archaeologist will review the RWP and associated documents. All reclamation work must comply with the stipulations of the Section 106 review that was completed for the installation of the facility. Any and all caveats identified in the Section 106 review of the facility remain applicable to reclamation activities (i.e., requirements for qualified archaeological monitors, site avoidance plans). 6.6 Threatened & Endangered (T&E) Species. The operator will immediately suspend all work and notify the Corps if any T&E species are discovered during the reclamation project. Examples of such species in Western North Dakota could include but are not limited to: black- footed ferret, gray wolf, Dakota skipper, Sprague’s pipit, interior least tern, , piping plover, Northern Long Eared Bat and/or whooping crane. Wildlife enclosures, if applicable, will be strictly adhered to. The Corps will provide site specific T&E requirements to the operator for inclusion in the RWP.

6.7. Decommissioning Facilities & Equipment. The operator will remove all aboveground facilities and equipment on the site and properly dispose of at an approved facility. The operator will follow approved abandonment of underground facilities as described in Sec 8.1 of Appendix A. Plug & abandonment procedures for pipelines located more than 4’ below original ground surface will be approved by the Corps. Proper safety procedures such as lockout tagout will be used when decommissioning all electrical and mechanical equipment. A final abandonment marker will be placed on the site as specified by the NDIC and/or BLM. The Corps recommends that a steel plate dry hole marker be welded to the surface casing four or more feet below original ground surface. DRAFTReference State of North Dakota Century Code NDCC 38-08-04 and Reclamation of Surface under Code 43-02-03-34.1 for more information. Applicant reference sec

6.8. Removing Impacted Soils. Impacted soils identified by soil sampling and analysis and field screening methods will be excavated and properly disposed of at a licensed landfill facility. If soil confirmation sampling indicates that additional removal is necessary, these soils will be removed and disposed of at a licensed landfill facility, and additional confirmation sampling will

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continue until the area is deemed free of impacted soil or approval is received from the Corps to apply an alternative remediation measure. The operator will provide the name and location of the landfill facility prior to shipment. Shipping manifests will be maintained to track materials removed from the site. During excavation and removal of the overburden and subsurface materials of the operational pad, impacted soils will be identified, segregated, and removed based on sampling analysis, field observations (e.g., visual staining, odor, etc.), and field screening methods.

6.9. Soil Removal Alternative. The operator may seek Corps approval to implement a soil removal alternative if the initial soil sampling analysis and/or confirmation screening indicate that the subsoil continues to exceed COC cleanup standards at depths greater than 4 feet below the original ground surface. There are many variables to consider when choosing a soil removal alternative. One example would be to consider Section VI.A of the NDIC Guide (NDIC, 2014b). Once the alternative is approved by the Corps, the operator shall delineate the remedy area and provide GIS shapefile and time stamped digital photos to the Corps. Monitoring should be conducted on the remedy area for a period of 3 years to ensure contamination does not migrate to the remediated surface. Further remediation may be required by the operator if vegetation does not grow on the site or COC cleanup standards are exceeded at the site during the 3 year monitoring period.

6.10. General Earthworks. The operator will provide the name and contact information for the contractor who will conduct earthworks at the site. Ideally, the contractor will be present at the initial on-site meeting. The operator or their contractor will obtain any proper NPDES and/or SWPPP from the ND Department of Health prior to commencing earthwork operations. Prior to accessing federal lands, the contractor must pressure wash or air blast all equipment to remove all existing soils and/or vegetation. Doing so will prevent the introduction of noxious weeds or other undesirable vegetation. The operator must provide proof of the cleaning to the Corps within three (3) days of the cleaning.

After the overburden and impacted subsoils are removed from the site, the existing well pad site and supporting access roads shall be reshaped to pre-existing topography and natural drainages will be reestablished. All borrow material or topsoil that is brought onto the site will be certified weed free. Placement of clean fill will be compacted to a depth of one foot below original grade and will achieve 95% compaction via a performance standard identified in the RWP.

6.11. Topsoil. The operator will place a minimum one foot of topsoil to finish grade and will first utilize stockpiled topsoil that was set aside during well pad construction. Established trees will be protected during DRAFTthe redistribution of stockpiled topsoil. Additional topsoil from a certified weed free source can be used to achieve the desired thickness of topsoil.

6.12. Seeding. Native seed mixes will be certified weed free and approved by the Corps prior to application. Seed, fertilizer, and mulch will be distributed by appropriate methods as dictated by the topography on the site. Analysis from initial soil sampling will be used to determine fertilizer application rates.

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6.13. Fencing. In most cases, existing fencing around the well pad will be removed or relocated after vegetation is adequately established on the site. However, additional fencing, signage, and/or deterrents may be required to discourage travel and/or grazing on the reclaimed areas. The Corps will provide site specific fencing requirements to the operator for inclusion in the RWP.

6.14. Weed Management. The operator will be responsible for weed management on the site until the reclamation project receives final approval by the Corps. Approved pesticides can be used for weed management purposes according to applicable Federal, State, Tribal, and local laws. Management of Invasive and Noxious Weeds, as listed on the North Dakota Noxious and Invasive list, will be dealt with in a prompt and environmentally safe manner. Noxious or invasive weeds will be managed using pesticides appropriate for the type of weed and seed mixes used on the reclaimed areas. Records of pesticide application will be provided to the Corps.

7. Monitoring. The site will be monitored for erosion and vegetation management for a minimum period of 3 years. Reclamation will be considered accomplished by the Corps when there is the weed-free establishment of 90%+ vegetative cover, consisting of grasses and forbs, on the site.

8. Final Approval/Environmental Condition of Property (ECP). The operator will make a formal request for approval to the Corps. In response, the Corps will formally concur in writing after all terms and conditions of the outgrant and RWP are achieved. The Corps will complete an ECP at the termination of outgrants that have a potential for past or future Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability. ECPs are a means for the Corps to document CERCLA liability when outgrants are issued and terminated. The operator may request a copy of the completed ECP as part of the final approval from the Corps.

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