43 C.F.R. § 3171.8

Current through November 30, 2024
Section 3171.8 - Surface Use Plan of Operations
(a) The Surface Use Plan of Operations must:
(1) Describe the access road(s) and drill pad, the construction methods that the operator plans to use, and the proposed means for containment and disposal of all waste materials;
(2) Provide for safe operations, adequate protection of surface resources, groundwater, and other environmental components;
(3) Include adequate measures for stabilization and reclamation of disturbed lands:
(4) Describe any Best Management Practices the operator plans to use; and
(5) Where the surface is privately owned, include a certification of Surface Access Agreement or an adequate bond, as described in § 3171.19 .
(b) All maps that are included in the Surface Use Plan of Operations must be of a scale no smaller than 1:24,000, unless otherwise stated in paragraph (e) of this section. Geospatial vector and raster data must include appropriate attributes and metadata. Georeferenced raster images must be from the same source as hardcopy plats and maps submitted in the APD package. All proposed on-lease surface disturbance must be surveyed and staked as described in paragraphs (e)(1) through (12) of this section, including:
(1) The well location;
(2) Two 200-foot (61-meter) directional reference stakes;
(3) The exterior pad dimensions;
(4) The reserve pit;
(5) Cuts and fills;
(6) Outer limits of the area to be disturbed (catch points); and
(7) Any off-location facilities.
(c) Proposed new roads require centerline flagging with stakes clearly visible from one to the next. In rugged terrain, cut and fill staking and/or slope staking of proposed new access roads and locations for ancillary facilities that may be necessary, as determined by the BLM or the FS.
(d) The onsite inspection will not occur until the required surveying and staking is complete, and any new access road(s) have been flagged, unless a variance is first granted under § 3171.23 .
(e) Information required by the Surface Use Plan of Operations may be shown on the same map if it is appropriately labeled or on separate diagrams or maps and must include the following:
(1)Existing roads. The operator must submit a legible map such as a highway or county road, United States Geological Survey (USGS) topographic, Alaska Borough, or other such map that shows the proposed well site and access route to the proposed well in relation to a town, village, or other locatable public access point.
(i) The operator must improve or maintain existing roads in a condition the same as or better than before operations began. The operator must provide any plans for improvement and/or maintenance of existing roads. The information provided by the operator for construction and use of roads will be used by the BLM for any Right-of-Way application, as described in § 3171.18 . The operator may use existing terrain and two-track trails, where appropriate, to assure environmental protection. The operator should consider using Best Management Practices in improving or maintaining existing roads.
(ii) The operator may use existing roads under the jurisdiction of the FS for access if they meet the transportation objectives of the FS. When access involves the use of existing roads, the FS may require that the operator contribute to road maintenance. This is usually authorized by a Road Use Permit or a joint road use agreement. The FS will charge the operator a pro rata share of the costs of road maintenance and improvement, based upon the anticipated use of the road.
(2)New or reconstructed access roads. The operator must identify on a map all permanent and temporary access roads that it plans to construct or reconstruct in connection with the drilling of the proposed well. Locations of all existing and proposed road structures (culverts, bridges, low water crossings, etc.) must be shown. The proposed route to the proposed drill site must be shown, including distances from the point where the access route exits established roads. All permanent and temporary access roads must be located and designed to meet the applicable standards of the appropriate surface managing agency, and be consistent with the needs of the operator. The operator should consider using Best Management Practices in designing and constructing roads. The operator must design roads based upon the class or type of road, the safety requirements, traffic characteristics, environmental conditions, and the vehicles the road is expected to carry. The operator must describe for all road construction or reconstruction:
(i) Road width;
(ii) Maximum grade;
(iii) Crown design;
(iv) Turnouts;
(v) Drainage and ditch design;
(vi) On-site and off-site erosion control;
(vii) Revegetation of disturbed areas;
(viii) Location and size of culverts and/or bridges;
(ix) Fence cuts and/or cattleguards;
(x) Major cuts and fills;
(xi) Source and storage of topsoil; and
(xii) Type of surfacing materials, if any, that will be used.
(3)Location of existing wells. The operator must include a map and may include a geospatial database that includes all known wells, regardless of the well status (producing, abandoned, etc.), within a one-mile radius of the proposed location.
(4)Location of existing and/or proposed production facilities. The operator must include a map or diagram of facilities planned either on or off the well pad that shows, to the extent known or anticipated, the location of all production facilities and lines likely to be installed if the well is successfully completed for production.
(i) The map or diagram and optional geospatial database must show and differentiate between proposed and existing flow lines, overhead and buried power lines, and water lines. If facilities will be located on the well pad, the information should be consistent with the layout provided in paragraph (e)(9) of this section.
(ii) The operator must show the dimensions of the facility layouts for all new construction. This information may be used by the BLM or the FS for Right- of-Way or Special Use Authorization application information, as specified in § 3171.18 .
(iii) If the operator has not developed information regarding production facilities, it may defer submission of that information until a production well is completed, in which case the operator will follow the procedures in § 3171.21 . However, for purposes of the National Environmental Policy Act (NEPA) analysis, the BLM or the FS will need a reasonable estimate of the facilities to be employed.
(5)Location and types of water supply. Information concerning water supply, such as rivers, creeks, springs, lakes, ponds, and wells, may be shown by quarter-quarter section on a map or plat, or may be described in writing. The operator must identify the source, access route, and transportation method for all water anticipated for use in drilling the proposed well. The operator must describe any newly constructed or reconstructed access roads crossing Federal or Indian lands that are needed to haul the water as provided in paragraph (e)(2) of this section. The operator must indicate if it plans to drill a water supply well on the lease and, if so, the operator must describe the location, construction details, and expected production requirements, including a description of how water will be transported and procedures for well abandonment.
(6)Construction materials. The operator must state the character and intended use of all construction materials, such as sand, gravel, stone, and soil material. The proposed source must be shown on a quarter-quarter section of a map or plat or in a written description.
(7)Methods for handling waste. The Surface Use Plan of Operations must contain a written description of the methods and locations proposed for safe containment and disposal of each type of waste material (e.g., cuttings, garbage, salts, chemicals, sewage, etc.) that results from drilling the proposed well. The narrative must include plans for the eventual disposal of drilling fluids and any produced oil or water recovered during testing operations. The operator must describe plans for the construction and lining, if necessary, of the reserve pit.
(8)Ancillary facilities. The operator must identify on a map the location and construction methods and materials for all anticipated ancillary facilities such as camps, airstrips, and staging areas. The operator must stake on the ground the approximate center of proposed camps and the centerline of airstrips. If the ancillary facilities are located off- lease, depending on surface managing agency policy, the BLM or the FS may require the operator to obtain an additional authorization, such as a Right-of-Way or Special Use Authorization.
(9)Well site layout. A diagram of the well site layout must have an arrow indicating the north direction. Diagrams with cuts and fills must be surveyed, designed, drawn, digitized, and certified by licensed professional surveyors or engineers.
(i) The operator must submit a plat of a scale of not less than 1 inch = 50 feet showing the location and orientation of:
(A) The proposed drill pad;
(B) Reserve pit/blooie line/flare pit location;
(C) Access road entry points and their approximate location with respect to topographic features and with cross section diagrams of the drill pad; and
(D) The reserve pit showing all cuts; and fills and the relation to topography.
(ii) The plat must also include the approximate proposed location and orientation of the:
(A) Drilling rig;
(B) Dikes and ditches to be constructed; and
(C) Topsoil and/or spoil material stockpiles.
(10)Plans for surface reclamation. The operator must submit a plan for the surface reclamation or stabilization of all disturbed areas. This plan must address interim (during production) reclamation for the area of the well pad not needed for production, as well as final abandonment of the well location.
(i) Such plans must include, as appropriate:
(A) Configuration of the reshaped topography;
(B) Drainage systems;
(C) Segregation of spoil materials (stockpiles);
(D) Surface disturbances;
(E) Backfill requirements;
(F) Proposals for pit/sump closures;
(G) Redistribution of topsoil;
(H) Soil treatments;
(I) Seeding or other steps to reestablish vegetation;
(J) Weed control; and
(K) Practices necessary to reclaim all disturbed areas, including any access roads and pipelines.
(ii) The operator may amend this reclamation plan at the time of abandonment. Further details for reclamation are contained in § 3171.25 .
(11)Surface ownership. The operator must indicate (in a narrative) the surface ownership at the well location, and of all lands crossed by roads that the operator plans to construct or upgrade, including, if known, the name of the agency or owner, phone number, and address. The operator must certify that they have provided a copy of the Surface Use Plan of Operations required in this section to the private surface owner of the well site location, if applicable, or that they made a good faith effort if unable to provide the document to the surface owner.
(12)Other information. The operator must include other information required by applicable orders and notices (43 CFR 3162.3-1(d)(4) ). When an integrated pest management program is needed for weed or insect control, the operator must coordinate plans with State or local management agencies and include the pest management program in the Surface Use Plan of Operations. The BLM also encourages the operator to submit any additional information that may be helpful in processing the application.

43 C.F.R. §3171.8

88 FR 39516 , 6/16/2023