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United States Department of Agriculture United States Forest Service February 2011 Decision Memo BILL BARRETT EXPLORATION DRILLING PINE RIDGE #2 AND #3 Moab/Monticello Ranger District Manti – La Sal National Forest San Juan County, Utah For Information Contact: Joel Nowak 432 East Center Street, Monticello Utah 84535 435.587.2041 or 435.636.3364 http://www.fs.fed.us/r4/mantilasal/projects/

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United States Department of Agriculture

United States Forest Service February 2011

Decision Memo BILL BARRETT EXPLORATION DRILLING

PINE RIDGE #2 AND #3

Moab/Monticello Ranger District Manti – La Sal National Forest San Juan County, Utah

For Information Contact: Joel Nowak 432 East Center Street, Monticello Utah 84535

435.587.2041 or 435.636.3364 http://www.fs.fed.us/r4/mantilasal/projects/

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individuals income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

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INTRODUCTION Bill Barrett Corporation (BBC) is proposing to drill two exploratory natural gas wells: Pine Ridge #2 and #3 located in Sections 22 and 23, T28S, R25E in San Juan County, Utah (see attached map, page 11). The proposed wells are located on a federal oil and gas lease UTU - 80075 issued to BBC by the Bureau of Land Management (BLM) on May 01, 2002. These wells would explore for and potentially develop federal minerals located under the Manti-La Sal National Forest. This document has been prepared in response to two Applications for Permit to Drill (APD) BBC submitted to the BLM Moab Field Office. Approval of these APD’s by the BLM is contingent upon acceptance of the Surface Use Plan of Operation (SUPO) by the Forest Service. 36 CFR 228 Subpart E sets forth the rules and procedures by which the Forest Service of the United States Department of Agriculture will carry out its statutory responsibilities in the issuance of Federal oil and gas leases and management of subsequent oil and gas operations on National Forest System lands, for approval and modification of attendant surface use plans of operations, for monitoring of surface disturbing operations on such leases, and for enforcement of surface use requirements and reclamation standards.

Purpose and Need The purpose of this project is to evaluate the environmental effects of the proponent’s proposal and to assure compliance with applicable laws, regulations, and Manti-La Sal Forest Plan. The Forest has an obligation to act on SUPO’s relating to the exploration and development of oil and gas on Federal Leases (36 CFR 228.107 and p. III-12 of the Manti-La Sal Land and Resource Management Plan of 1986 (LRMP)). The Forest needs to evaluate whether or not to approve the SUPO as proposed or require additional conditions of approval through an environmental analysis and public participation process. BBC’s purpose for the project is to explore and assess the economic recoverability of potential oil and gas reserves from the proposed wells. Oil and gas exploration and development is recognized as an appropriate use of public lands in the LRMP. National mineral leasing policies, and the regulations by which they are enforced, recognize the statutory right of leaseholders to develop mineral resources to meet continuing national needs and economic demands as long as undue environmental degradation is not incurred. If successful, these wells would increase the available supply of natural gas to the national market. BBC is wishing to fulfill their current lease obligations and responsibilities by drilling these exploratory natural gas wells on this lease.

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Project Description Permitting Process The proposed well pads and access roads would be located entirely on Federal lands administered by the USDA Forest Service (Forest Service), Manti-La Sal National Forest, Monticello Ranger District. All applicable permits and approvals would be obtained prior to construction and drilling operations. A Surface Use Plan of Operations for each well has been submitted to the Forest Service. As the surface management agency, the Forest Service may approve the SUPO with any appropriate Conditions of Approval (COA). The decision associated with this analysis is the mechanism by which the SUPO is approved by the Forest Service. The proposed wells would be drilled to access Federal minerals under the management of the Bureau of Land Management (BLM) Moab Field Office. BBC’s drilling plan for the Pine Ridge #2 and #3 require BLM approval prior to drilling. Federal approval of the drilling plan would be accomplished through the Application for Permit to Drill (APD) process. The APD includes a drilling plan, evidence of bond coverage, and other information requested by the BLM for evaluating the proposed wells. Each of these components must be approved before the final APD is approved. The APD’s for Pine Ridge #2 and #3 have been submitted to the BLM Moab Field Office. All components of the APDs including the Drilling Plan and SUPO are incorporated into the Proposed Action by reference. Project Details (Taken from the SUPO contained in project record) Construction activities would follow guidelines described in the “Gold Book,” Surface Operating Standards for Oil and Gas Exploration and Development 4th Edition (BLM and Forest Service 2007, available for review in the project record). Primary access to the proposed Pine Ridge wells would be provided by Utah State Highway 46, San Juan County Road 125, National Forest Service Road (NFSR) # 50072 (Lower Two Mile), NFSR # 50201 (Hangdog Road) and two constructed access roads. The Proposed Action for this project would require:

• the construction of a 1.8 acre well pad for #2, • construction of 2400 feet of new road for #2 and • a 2.2 acre well pad for #3 (see layout plans below) and • 250 feet of new road for #3. • New roads are proposed to be constructed to a width of 32 feet, with a final

running surface of 18 feet. The proposal is to drill a vertical exploratory well from each pad. Drilling operations would take place 24 hours a day for a period of 20-25 days (weather permitting – if problems arise during the project, operations may be delayed until the next summer). Completion of the wells would

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take another 45 days and be subject to testing for up to 12 months after completion. If the wells demonstrate the potential for production, subsequent proposal(s) would be necessary for construction of production facilities, pipelines, and year-round access. Future production/exploration proposals will trigger additional environmental analysis to comply with the requirements of the NEPA (National Environmental Policy Act). Wells that prove to be incapable of producing natural gas in commercial quantities will be plugged, abandoned and reclaimed (pads and access roads) according Bureau of Land Management and Forest Service standards. The volume of water necessary for drilling the proposed wells is approximately 1.3 acre-feet (10,000 U.S liquid barrels) for each. BBC would utilize water obtained through a direct purchase from a local provider. All water needed for drilling would be transported to the well location by truck. DECISION TO BE IMPLEMENTED It is my decision to authorize BBC to conduct surface operations associated with accessing, drilling, testing, completing and producing the Pine Ridge #2 and #3 natural gas wells, as described in the SUPO portion of BBC’s APD’s for these wells. The order in which the holes are to be drilled are left to company as various factors influence the preferred location at any given time (due to economics, current geologic interpretations, etc.). To minimize the environmental effects associated with this project, the Forest has added required conditions of approval (see appendix) that resulted from internal analysis and public participation. Merchantable timber will not be removed. Of utmost concern in the public’s response is the possibility of drinking well contamination at the nearby private water wells. Therefore, to be certain appropriate measures will be taken to protect these aquifers, the BLM’s Petroleum Engineer consulted our Hydrologist when completing the Engineering Evaluation. The BLM will include Conditions of Approval (COA) specifying precisely how the drilling operations are to be conducted. One measure to be taken is the surface casing is to be set in the upper 50 feet of the Chinle formation, then the casing string will be cemented all the way back to the surface, thereby isolating any porosity zones between the surface and the upper Chinle. With this requirement, all drinking water aquifers associated with the formations above the Chinle will be protected. In addition, the COA’s will have specific requirements concerning drilling fluids to protect these aquifers from contamination. This decision does not authorize any production facilities or pipelines. A separate environmental analysis will be conducted if the well proves successful and the company wants to pursue development of the resource. PUBLIC PARTICIPATION A Legal Notice informing the public of the proposed project was published in the Sun Advocate, San Juan Record and Times-Independent newspapers the week of November 1, 2009. A scoping letter was sent concurrently to various tribes, agencies, organizations, and individuals. Six comment letters were received during the 30 day comment period. These comments were taken

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into consideration when making my decision. Additional and/or changes to the Conditions of Approval have been made as a result of these comments. (See Response to Comments in project record) REASONS FOR CATEGORICALLY EXCLUDING THIS ACTION Approving this SUPO does not have individual or cumulative significant effects on the quality of the human environment. The project falls under 36 CFR 220.6(e), item 17 states: 17. Approval of a Surface Use Plan of Operations for oil and natural gas exploration and initial development activities, associated with or adjacent to a new oil and/or gas field or area, so long as the approval will not authorize activities in excess of any of the following:

a. One mile of new road construction. b. One mile of road reconstruction. c. Three miles of individual or co-located pipelines and/or utilities disturbance. d. Four drill sites.

DECISION RATIONALE This decision was made after careful consideration of the proposal, public involvement, and the entirety of the supporting record.

Approving Surface Use Plans for activities related to oil and gas exploration and development is understood and complies with existing Law, Regulation and Policy. Effects on the environment are minimal individually and collectively. My decision represents an action, which effects are specifically understood and will be minimal. Some of the key factors used in reaching my decision are summarized below.

Existing User Need: The need for oil and gas continues to exist. This proposal will allow the company to explore for oil and gas while minimizing the effect on the environment. This operation will provide job opportunities and needed commodities to the general public and surrounding communities. My decision will meet this objective. Science Used: My conclusion is based on a review of the record that reflects a thorough review of relevant scientific information, a consideration of responsible opposing views, and the acknowledgment of incomplete or unavailable information, scientific uncertainty, and risk. Consistency with the Forest Plan: National Forest System lands are generally available (except for administratively withdrawn areas) for leasing and subsequent exploration and development under the Mineral Leasing Act of

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1920 with Amendments and other Acts relating to the oil and gas exploration and development. Under the regulations in 36 CFR 228, the Forest Service reviews and approves the Surface Use Plan of Operations and administers those operations to ensure protection and reclamation of affected surface resources. The general direction for minerals management is to: Avoid or minimize significant and conflicting public or private investments near sites where mineral activities may occur within the foreseeable future. On classified lands not withdrawn from operations under the general mining laws provide for reasonable protection of the purposes for which the lands were classified and for reclamation of disturbed lands to a condition suitable for the purposes for which the lands were classified. Such lands may include Research Natural Areas, national recreation trails, special interest areas; such as scenic, geologic, or national historic sites, or some other type of specific classification. The status of classified lands with respect to withdrawal must be checked before an operating plan can be approved. On unclassified (remaining) lands, provide for reclamation of disturbed lands to achieve the planned uses specified in the Forest Plan, when those lands are no longer needed for mineral operations (P. III-35). In addition, this project location lies within a Range Management Area as identified in the LRMP. Management for this area is defined as: Timber types are managed to produce wood fiber and, where appropriate, forage. Other uses occur, and the use or its rehabilitation emphasize rangeland maintenance or enhancement. This project conforms to these sections of the Plan and is consistent with other portions relative to this type of activity. (See Forest Plan Consistency Checklist in Project Record) Extraordinary Circumstances: Existing resource conditions and potential extraordinary circumstances have been considered in making my decision. I have determined that there are no extraordinary circumstances related to the project. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. There will be no impacts to the population of any federally listed T&E or sensitive animal species. There is no suitable or potential habitat for T&E or sensitive plant species in the project area. There will be no effect to federally listed T&E fish or amphibian species. There will be no impact to the U.S. Forest Service Region 4 sensitive species Colorado River Cutthroat trout. (See BA/BE and Wildlife report for this project)

Management Indicator Species. Management Indicator Species (MIS) are a select group of

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species that can indicate change in habitat resulting from activities on the Forest. Management Indicator species associated with the Manti-La Sal National Forest are Elk, Mule Deer, Abert’s squirrel, Macro-invertebrates, Northern Goshawk, and Golden Eagles. Due to the location, limited scope and intensity of the project and project design criteria, there would be no measurable effects to populations of any of the management indicator species. (See BA/BE) Floodplains, wetlands, or municipal watersheds. There are no wetlands, municipal supply watersheds or drinking water source areas in the project area. There are floodplains or flood-prone areas in the project area, but no adverse effects are anticipated. Application of the Soil and Water Conservation Practices would protection and maintenance of water-related beneficial uses, and to prevent or minimize nonpoint source pollution. There will be no effect on any municipal watershed. (See CE Checklist, Hydrology Report) Congressionally designated areas, such as wilderness, wilderness study areas, or National Recreation Areas. Wilderness, wilderness study areas, or National Recreation Areas are not in or around the project area. The nearest wilderness is Dark Canyon Wilderness which is approximately 50 miles to the southwest. Any impacts would be localized to the project area. Wilderness areas will not be affected. (See Attached Map). Inventoried roadless areas. There are no roadless areas in the project area. The current character of inventoried roadless areas will not be affected. (See Attached Map) Research Natural Areas. The project area is not located within or adjacent to any Research Natural Areas (RNAs). The nearest RNA is Hideout Mesa approximately 3 miles to the east of the project area. RNAs will not be affected. Native American religious or cultural sites, archeological sites, or historic properties or areas. The project area and access roads have been surveyed for cultural resources. There were archeological sites present within the original proposed project area. However, through re-design of the project, the sites will be avoided. Therefore, the Forest Service has determined, with State Historic Preservation Office concurrence, a finding of No Historic Properties Affected. (See CE Checklist and Determination of Significance and Effect form)

There are no extraordinary circumstances present related to this proposed action as listed in 36 CFR 22.6 that warrant further analysis and documentation in an EA or an EIS.

FINDINGS REQUIRED BY OTHER LAWS AND REGULATIONS

To the best of my knowledge, my decision to approve the proposed Surface Use Plan of Operations with attached conditions of approval would comply with all applicable laws and regulations. My decision in relation to pertinent legal requirements is summarized below.

National Forest Management Act of 1976: The Forest Plan (1986) was developed as required by this Act. This long-range land and resource management plan provides guidance for all resource management activities in the Forest. The National Forest Management Act requires all projects and activities to be consistent with the Forest Plan. The Forest Plan has been reviewed in

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consideration of this project. My decision will be consistent with the Forest Plan and this Act. (Pages II-52-53, III-34-36, III-64, and III-66 of the Manti-La Sal National Forest Land and Resource Management Plan)

National Historic Preservation Act: My decision complies with this Act. No known cultural resources sites are present within the proposed project’s area of Potential Effect. Consequently, the Forest Service has determined that approving the Surface Use Plan of Operations will have no effect on cultural resources. (Determination of Significance and Effect form, Project Record)

Clean Water Act: My decision complies with this Act. SWCP’s and Best Management Practices (BMP’s) will be followed according to District Hydrologist’s recommendations (CE Checklist, Hydrology Section). The proposed action with the specified design features, SWCP’s and other requirements designed to minimize impacts to soils, the potential for erosion, and impacts to water quality complies with the Clean Water Act.

Endangered Species Act: My decision complies with this Act. A review of the project finds there would be NO effect on T&E species or their habitat. With regards to R4 sensitive wildlife species, there may be impacts to individuals, but these would not likely contribute to a trend towards federal listing or loss of population (See BA/BE).

Executive Order 12898: “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.” The decision for this document will not amend or preclude any existing private or treaty rights in the National Forest. A review of potential effects to human health and safety and natural resources in the vicinity of minority and low-income communities did not identify any significant or disproportionately high or adverse effects in these areas because of the lack or residential houses in the vicinity of the existing and proposed development.

Executive Order 13186. Responsibilities of Federal Agencies to Protect Migratory Birds. January 10, 2001: The proposed action complies with the intent of the Migratory Bird Treaty Act and Executive Order 13186 as there is limited potential for unintentional take of individuals from the proposed activities of this project. Seasonal restrictions on project activity will minimize unintentional take of individuals (See BBC’s lease and BA/BE for this project).

National Environmental Policy Act: The entirety of documentation for this project supports that the analysis and decision comply with this Act.

IMPLEMENTATION DATE AND APPEAL OPPORTUNITY

Copies of this decision will be made available to those who expressed interest in this proposed action by participating in the scoping process.

Implementation of this decision may occur immediately.

This decision is not subject to appeal in accordance with 36 CFR 215.8 a (4) Decisions for actions that have been categorically excluded from documentation in an EA or EIS pursuant to

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CONDITIONS OF APPROVAL

FOR BILL BARRETT DRILLING #2 and #3 Wells

In addition to the Lease Stipulations that the company must comply with, the following are conditions of approval that include all of the environmental protection measures and design features developed by the Forest Service as a result of the public scoping and analysis processes. These are required for BLM to approve the APD. General No ground disturbing work may commence until the Forest Service approves (in writing)

the final plans for construction of the access roads and drill pads on National Forest System lands. Bypass drainages and culverts must be properly sized based on the 50-year flood event. Plans must include best-management practices for sediment and erosion control. Project engineers and surveyors must be certified by the State in which they reside or maintain their business.

Prior to operations, the operator shall file an acceptable Spill Contingency and Control Plan with the Forest Service. The plan must identify hazard material used on site, identify appropriate containment/cleanup actions, and identify equipment/materials to be maintained in vehicles and at the drilling pad to contain or neutralize spilled materials. Copies of MSDS Sheets must be available at the project site at all times for all chemicals stored on National Forest System lands for approved operations or used for drilling operations on National Forest System lands.

A copy of the approved APD/SUPO with Conditions of Approval, the Spill Contingency and Control Plan, and other required permits shall be available to personnel at all times on the project site. These permits must be available for inspection at the project site at all times during construction and drilling/testing operations upon request of Forest Service and BLM inspectors.

The Forest Service must be notified of any proposed alterations to the Surface Use Plan of Operations. Any changes to the existing plan are subject to Forest Service review and approval.

Section corners, survey markers and claim corners in the project area must be located and flagged by the operator prior to operations. The proper authority must approve the removal or disturbance of identified markers.

The company is responsible to follow Forest and State mandated fire restrictions. The Forest Service reserves the right to suspend operations during periods of high fire potential. On-site company personnel are required during flaring operations.

The Memorandum of Understanding with the State of Utah Air Conservation Committee will be implemented. This will assure project implementation activities meet the State and Federal Air quality standards.

Trash and garbage shall be properly contained and disposed of offsite at an approved waste disposal site.

Construction, drilling and production operations shall be coordinated with grazing

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permittees. Warning signs shall adhere to MUTCD (Manual on Uniform Traffic Control Devices)

standards The company is responsible to repair damage to fences, cattle guards, resource

improvements, roads, and other structures on National Forest System land that result from their operations. The Forest Service must be notified of damages as soon as possible.

Equipment is required to be maintained clean, operationally safe, and in good repair. All equipment will be thoroughly washed to remove accumulations of oil and grease, mud, soil, vegetative material and noxious weed seed prior to entering the forest. The company shall make equipment available for inspection by the responsible Forest officer prior to entering the Forest.

The operator must obtain appropriate permissions and permits to use County, State, and private roads.

Dogs and other pets must be kept on a leash and prevented from chasing or otherwise harassing wildlife.

Appropriate measures shall be taken to prevent fugitive dust on the access roads and pads. Watering and application of approved dust suppressants, such as magnesium chloride, shall be applied as needed.

Pre-Construction/Construction The Forest must be notified 2 business days in advance that heavy equipment will be

moved onto National Forest Systems lands and that surface disturbing activities will commence. All equipment must be washed to remove all dirt and grease that may contain noxious weed seed, prior to being brought onto the forest.

A road use permit will be required before operations begin. A pre-work meeting is required prior to startup of operations. Drill pads will be designed and constructed to prevent or diminish overland flow from

entering the site during precipitation events. Pad sites will be sloped to drain all spills and on-site precipitation into the reserve pits.

The pit shall be fenced to keep livestock and other wildlife out. The pit shall be lined with an approved liner. The company shall designate an on-site company representative responsible for project

supervision for each phase of operation. This person must be on-site during operations to act as a company contact and supervise operations.

Construction compaction of the pad material shall be 95 percent. The pad will be sloped to drain into the reserve pit. If necessary, the pit will be pumped out to reduce its contents and insure that overflow does not occur. Fluids will be disposed of off-Forest at a Utah State approved disposal site.

Surface aggregate shall be Forest Service gradation F and shall meet wear requirements contained in Forest Service Specifications for Construction of Roads and Bridges, Section 703.05. Aggregate must be obtained from a verified weed free source.

A Forest Service closure gate with proper signs/reflectors shall be constructed at access road to prevent the public from entering the area. The gate shall be designed to allow foot traffic and cattle through the pad and access area. The gate area shall be lined with

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boulder sized rocks around the perimeter to discourage illegal ATV access onto the pad and access road. The gate shall have dual locking capabilities and shall be maintained locked.

During construction operations the operator shall maintain erosion control and sediment containment structures until disturbed areas are stabilized.

If cultural or paleontological resources are found during implementation of the project, operations will immediately cease at that location and the District Ranger will be notified. Unauthorized excavation, removal, or damage of archaeological resources is subject to fines and other penalties under authority of the Archaeological Resources Protection Act (ARPA) of 1979 (as amended).

Drilling Operations If necessary, the reserve pit shall be pumped out to reduce their content and insure that

overflow does not occur. Two feet of free board shall be maintained on the reserve pit. Fluids shall be disposed of off-Forest at a Utah State approved disposal site.

Unless otherwise specified in the Forest Service conditions for approval of the Surface-Use Plan of Operations, contaminated soils and gravel in the project area and the contents of the reserve pit, including the liner material, shall be removed from the National Forest and disposed of at an approved facility. Exceptions may be granted if the operator can demonstrate non-toxicity through testing or isolation through encapsulation.

Site Production Operation/Pad Downsizing Following completion of the project, the pad shall be down sized and re-contoured to

blend naturally with the surrounding area within 6 months of well completion. Gravel will be salvaged and stockpiled or used in an area approved by the Forest Service.

Seeding shall be performed using the certified seed mix. The seed mixture must meet or exceed the pure live seed standards of the Utah Seed Law containing a maximum allowable weed content of less than 2 percent with no noxious weed species. Independent seed analysis is required on seeds to determine other undesirable weed species. The company is responsible for eradication of presently known noxious weeds and eradication of presently unknown noxious weeds that enter any disturbed areas. Below is the recommended seed mix.

Species Pounds/Acre

Blue Flax (Appar) 2 Canby Bluegrass (Canbar) 3 Mountain Big Sagebrush (SID--Sanpete UT)

1

Rocky Mountain Penstemon (Bandera)

1

Slender Wheatgrass (San Luis) 5 Western Wheatgrass (Arriba) 5 Total 17

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Production facilities shall be fenced with a security fence and adequately closed off to prevent continued use until the required reclamation standards are successfully achieved. Final Reclamation The well shall be plugged and abandoned in accordance with BLM regulations. The pad

shall be re-contoured to the original contour and reseeded. The pit shall be fenced and covered with netting until evaporation is complete. The pit liner and remaining material will be removed or buried if approved by the Forest

Service. Revegetation of disturbed areas shall be considered successful when (1) seventy percent

(70%) vegetation and crown cover is re-established over the entire disturbed area, (2) of the vegetative cover, at least 90% of the living plants must be desirable native plants or seeded species, (3) ground cover (vegetation, rock, litter) is at least 60%, (4) there are no signs of active erosion, and (5) and the area is consistently free of noxious weeds. Adjacent undisturbed areas will be used as a base for comparison. If the desired ground cover is not established at the end of each 3-year period, the company will be required to do additional treatment and seeding.

The operator shall be responsible for reclamation maintenance until the desired reclaimed standards are achieved.

Erosion Control and Water Quality

All activities will comply with the SWCP’s and BMP’s included in the Hydrology Report. Some of these are as follows:

Project will not begin until surface soil is dry to minimize compaction, rutting and erosion.

Vehicles will not cross perennial water features, except on existing roads or pre-designated crossings.

Topsoil piles will be placed in long shallow windrows and seeded to maintain biotic activity rather than piled in one large heap.

For final reclamation, the surface will be dimpled or pocked rather than smoothly graded to ensure more successful revegetation.

If any petroleum or other environmentally detrimental products are spilled on the ground, the Forest Service District office will be notified at (435) 587-2041. An SPCC Plan is required if the total, above-ground storage of oil, petroleum products, or other hazardous materials exceed 1320 gallons, or any single container exceeds a capacity of 660 gallons.

The normal operating season on National Forest land in this area is from May 15th to October 30th. Construction and other activities outside the normal operating season require approval from the District Ranger.

Rutting will be used as an indicator of wet conditions. Vehicle traffic and equipment operation will be restricted to prevent rutting in excess of one inch on gravel roads, 2 inches on native surface roads and 4-6 inches in other work areas. Proponent will provide maintenance equipment to repair rutting as soon as ground conditions permit.

During extended periods of dry weather, additional measures, including vehicle and

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equipment restrictions, may be necessary to prevent powdering of soils, to maintain firm working surfaces, to limit fugitive dust, and to maintain appropriate moisture conditions to protect topsoil during reclamation.

The proponent shall conduct all activities to prevent erosion and sedimentation. Temporary erosion control measures may be required to prevent, control, and mitigate erosion and sedimentation. Temporary and permanent erosion control work must be kept current with ongoing operations, especially when construction occurs outside of the normal operating season.

The proponent is responsible for submitting an operating plan that includes erosion control measures and storm water management.

Visuals If the well is successful, all facilities will be painted with a non-reflective paint and a

color one shade darker than the surrounding vegetation. They will be designed and constructed to blend in with the landscape as much as possible and with the lowest feasible profile.

Fire Protection Vehicles with catalytic converters will be restricted to existing roads and trails; parking

or idling will not be permitted in portions of roads or trails with taller vegetation. All vehicles will have working mufflers and spark arresters. Electrical equipment must

be properly insulated. All vehicles will be equipped with fire extinguishers and shovels.

The following operational procedures will be followed: Smoking will only be allowed in company vehicles and/or designated smoking areas; all

cigarette butts will be placed in appropriate containers and not thrown on the ground or out windows of vehicles.

Cooking, campfires, or fires of any kind will not be allowed. Existing Facilities/ROWs Protection Any damage caused by the operations will be repaired or replaced as soon as practical

before the end of the project. Cultural and Paleontological Resources The operator and its contractors will inform their employees about Federal regulations

intended to protect paleontological and cultural resources. All personnel will be informed that collecting fossils and artifacts is a violation of Federal law.

If fossils or cultural resources are uncovered during surface-disturbing activities, the operator and its contractors will suspend all operations at the site and the discovery will be immediately reported to the Forest Service representative, who would arrange for a determination of significance, and if necessary, recommend a recovery or avoidance plan.

All vehicular traffic, personnel and equipment movement, and construction activities will be confined to the locations surveyed for cultural and paleontological resources as

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referenced in the report contained in the project record, and to the existing roadways and/or inventoried access routes.

Soil Resource Protection Vehicles will be instructed to travel at slow speeds to limit disturbance to roads and

creation of dust. As determined necessary by the Forest Service during the project, fugitive dust will be

controlled by watering unpaved roads and applying magnesium chloride to existing Forest Service Roads.

Vegetation Resources Protection All equipment, including on-road and off-road equipment, will be cleaned to remove

weed seed and soil (may contain weed seed) prior to commencing operations on public lands within the project area. Disturbed areas in the project area will be monitored for project-related establishment and spread of noxious weeds. Weed infestations will be treated as necessary and as approved by the Forest to prevent additional spread.

Larger shrubs, trees, and other obstacles will be avoided where possible; no cutting or removal of Ponderosa trees is proposed.

Wildlife Resources Project activities will be conducted in compliance with applicable requirements of the

Endangered Species Act of 1973, as amended. Project personnel will be subject to the following requirements: no harassing of wild

horses; and no littering. There will be no construction activity during the seasonal restrictions set by the Forest in

connection with wildlife and outside the normal operating season unless specifically authorized by the Forest Service.

Livestock Grazing All gates within the project area will be left as they are found (i.e., open gates will be left

open, closed gates will be left closed). Removal or alteration of existing range improvements will be prohibited unless prior

approval from the District Ranger on the Moab/Monticello Ranger District. Construction personnel will be instructed to minimize contact with, and avoid harassment

of, livestock.