ACRONYMS and ABBREVIATIONS APD Application for a Permit LACT Lease Automatic to Drill Custody Transfer ATV All Terrain Vehicle LMNG Little Missouri National Grasslands BA Biological Assessment MDP Master Development Plan BLM Bureau of Land m Meter Management BMP Best Management mi Mile Practice BOP Blowout Preventer NFSR National Forest System Road CFR Code of Federal pH the negative of the Regulations logarithm to base 10 of the activity of the hydrogen ion as a measure of acidity (< 7) or alkalinity (>7) COA Condition of Approval ROW Right of Way DEA Draft Economic Analysis SCADA Supervisory Control and Data Acquisition DPG Dakota Prairie SPCC Spill Prevention, Grasslands Containment, and Control Plan ESA Endangered Species Act SUPO Surface Use Plan of Operations FR Federal Register USFS United States Forest Service HDD Horizontal Directional USFWS U.S. Fish and Wildlife Drill Service km kilometer 2 INTRODUCTION The Antelope Master Development Plan (MDP) is the activity under review in this biological opinion. The MDP is a proposal by the U.S. Forest Service (USFS) to approve construction of forty-nine horizontal oil and gas wells on nine shared well pads with associated roads (Project) and facilities in McKenzie County, North Dakota. The federal action under review is the proposed authorization of the Project pursuant to approval of a Surface Use Plan of Operations (SUPO) as part of the Application for a Permit to Drill (APD) by the USFS. The intention of the MDP is to evaluate, as a whole, the oil and gas development planned for a defined area for the next five to ten year period on USFS lands. The applicants in this federal action are Continental Resources, Inc. (Continental) and Slawson Exploration Company, Inc. (Slawson). Both applicants have existing sub-surface mineral leases. The area of the proposal, the Little Missouri National Grassland (LMNG) encompasses over one million acres (ac) (over 400,000 hectares) in western North Dakota within an intermixed ownership pattern of private and state ownership (Figure 1). The LMNG is managed for multiple uses, including grazing, wildlife habitat, mineral development, recreation, and other physical and biological resources (USFS 2001). During the fall of 2014, the U.S. Fish and Wildlife Service (USFWS) published a final rule (79 FR 63671 [October 24, 2014]), designating the Dakota skipper as a threatened species under the Endangered Species Act of 1973(ESA). The Dakota skipper is an obligate resident of undisturbed (remnant, untilled) high-quality prairie, ranging from wet-mesic tallgrass prairie to dry-mesic mixed-grass prairie habitat, which typically contains a high diversity of native plant species, including flowering herbaceous plants (forbs) (USFWS 2014). Based on field surveys, high quality Dakota skipper habitat is present in the Project area. The proposed location of the well pads and associated infrastructure is expected to impact mixed- grass native prairie habitat that has the quality that could support the species throughout all life stages. Efforts to detect Dakota skippers in the Project areas have not been undertaken. Modeling data was used to show the connectivity of known occupied habitats with potential habitat in the analysis area. Using the modeling data both assumed occupied and dispersal habitat would be impacted by the Project. Given the high quality Dakota skipper habitat affected by the Project and a reasonable certainty the species occurs in the area affected by the Project, the USFS determined that the proposed Project “may affect, is likely to adversely affect” the Dakota skipper. Thus, the USFWS’s responsibility pursuant to section 7(a)2 of the ESA is to first determine if the evidence supports a reasonable certainty that the species occurs in the area affected by the Project. An answer in the affirmative then necessitates the need to address whether the anticipated effects from the Project on the Dakota skipper significant. If the effects are determined to be significant, then the role of the USFWS is to determine if the responsible federal agency designed the Project to insure it will not appreciably decrease the likelihood of survival and recovery of the species. 3 Figure 1. Location overview of the proposed oil and gas wells well pads associated roads and facilities in McKenzie County, North Dakota. (Courtesy Wenck Associates, Mandan, ND 4 CONSULTATION HISTORY • August 2, 2016 – On-site meeting with the USFS staff from the Supervisor’s Office and McKenzie River Ranger District. • September 16, 2016 – Meeting with the USFS staff from the Supervisor’s Office and McKenzie River Ranger District. • December 5, 2016 - Biological Assessment of Threatened and Endangered Species Antelope Master Development Plan is received by USFWS. • January 25, 2017 – Meeting between the USFWS and USFS to discuss the Project. The USFWS recommends to the USFS to include a mitigation plan to offset the anticipated long-term loss of habitat occupied by the Dakota skipper. • March 21, 2017 - Meeting between the USFWS and USFS to discuss compensatory mitigation. • May 9, 2017 – The USFWS requests an extension to 135-day regulatory timeframe to provide a final biological opinion on June 15, 2017. • June 5, 2017 – The USFS grants an extension to the regulatory timeframe. • July 9, 2017 – The USFWS provides a draft biological opinion to the USFS for review and comment. The incidental take statement was excluded from the review pending agreement from the action agency on the effects analysis. • August 4, 2017 – The USFS and USFWS conduct a teleconference call to discuss USFS feedback on the draft biological opinion, the status of the incidental take statement, and overall timeline to complete the biological opinion. The USFWS notifies the USFS that biological opinions are required to undergo a review by the Department of Interior prior to signature. DESCRIPTION OF THE PROPOSED ACTION The proposed action includes USFS approval for Slawson and Continental to construct surface facilities and associated access roads and utilities, drilling and operation of multiple oil and gas wells, and decommissioning and final reclamation of the sites. The typical life span of a productive oil and gas well is 30-40 years. The development will occur on the land surface and subsurface in McKenzie County, North Dakota (Figure 1). Continental Resources, Inc. Continental has proposed five new well pads to include 27 new wells and a new central tank battery; these Project elements are referred to as the Charolais facilities: The Charolais A well pad would be in the SWSW, Section 10, T.153N., R.94W., 5th PM, McKenzie County, ND (Figure 2). This pad would have 5 wells named Charolais Federal South 1-10H, Charolais Federal South 2-10H2, Charolais Federal South 3-10H, Charolais Federal South 4-10H1, and Charolais Federal South 5-10H. 5 Figure 2. Map of the proposed Charolais and Brangus facilities (Courtesy Wenck Associates, Mandan, ND) 6 The Charolais B pad would be in the NESW/SWNW, Section 14, T.153N., R.94W., 5th PM, McKenzie County, ND (Figure 2). This pad would have six wells named Charolais Federal South 6-10H, Charolais Federal South 7-10H1, Charolais Federal South 8-10H, Charolais Federal South 9-10H2, Charolais Federal South 10-10H, and Charolais Federal South 11-10H. The Brangus A pad would be within the NENW, Section 14, T.153N., R.94W., 5th PM, McKenzie County, ND (Figure 2); most of this well pad would be on private surface. This pad would have fourteen wells named Brangus Federal 2-11H2, Brangus Federal 3-11H, Brangus Federal 4-11H, Brangus Federal 5-11H, Brangus Federal 6-11H1, Brangus Federal 7-11H, Brangus Federal 8-11H2, Brangus Federal 9-11H, Brangus Federal 10-11H1, Brangus Federal 11-11H, and four additional wells yet to be named. The Charolais Central Tank Battery within the NWSE, Section 15, T.153N., R.94W., 5th PM, McKenzie County, ND (Figure 2). This pad would house production facilities to include, but not be limited to, flare(s), Lease Automatic Custody Transfer (LACT) meter(s), 3-phase separator(s), test treater(s), recycle(s), and saltwater and oil tanks. Continental has proposed development of one well pad expansion (Harms A pad) to include eight (8) additional wells and one new well pad (Harms B pad) that would support two (2) new wells; these Project elements are referred to collectively as the Harms facilities: The existing Harms A pad is within the SESW, Section 32, T.153N., R.93W., 5th PM, McKenzie County, North Dakota (Figure 3). Eight new wells are proposed named Harms Federal 4-32H2, Harms Federal 5-32H, Harms Federal 6-32H1, Harms Federal 7-32H, Harms Federal 8-32H2, Harms Federal 9-32H, Harms Federal 10- 32H1, and Harms Federal 11-32H. The new well pad, named the Harms B, pad would be within the SESE, Section 31, T.153N., R.93W., 5th PM, McKenzie County, ND (Figure 3). This pad would have two wells, one named Harms Federal 12-32H, and one well yet to be named. Slawson Exploration Company, Inc. Slawson has proposed two well pad expansions to include four (4) additional wells each, for a total of eight (8) additional wells. The proposal also includes one new well pad, which would support six (6) wells. These Project elements are referred to collectively as the Wolverine facilities: The existing Wolverine Pad 240 is within the SWSW, Section 31, T.153N., R.93W., 5th PM, McKenzie County, North Dakota (Figure 3). Four new wells are proposed named Wolverine Federal 8-31-30H, Wolverine Federal 10-31-30TF2H, Wolverine Federal 11- 31-30TF2H, and Wolverine Federal 18-31-30TF3H. 7 Figure 3. Map of the proposed Harms and Wolverine facilities (Courtesy Wenck Associates, Mandan, ND) 8 The existing Wolverine Pad 241 is within the SESE, Section 31, T.153N., R.93W., 5th PM, McKenzie County, North Dakota (Figure 3).