USDA FOREST SERVICE DAKOTA PRAIRIE GRASSLANDS LITTLE MISSOURI NATIONAL GRASSLAND MEDORA RANGER DISTRICT BILLINGS COUNTY, NORTH DAKOTA

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1 GMX RESOURCES INC. LITTLE MISSOURI FEDERAL H OIL AND GAS WELL AND ACCESS ROAD # LOCATED WITHIN SW¼ of SE¼, SECTION 10, T141N, R100W BILLINGS COUNTY, NORTH DAKOTA USDA FOREST SERVICE DAKOTA PRAIRIE GRASSLANDS LITTLE MISSOURI NATIONAL GRASSLAND MEDORA RANGER DISTRICT BILLINGS COUNTY, NORTH DAKOTA Overview The Forest Service has received an Application for Permit to Drill (APD) with attached Surface Use Plan of Operations (SUPO) from GMX Resources Inc. (GMX). Approval of the APD by the Bureau of Land Management (BLM) would be contingent upon approval of the SUPO by the Forest Service. The approved APD would permit the construction of the proposed Little Missouri Federal H well location, access road and related facilities. The proposed well would develop federal mineral lease NDM # 31831, within the SW¼SE¼ Section 10, T141N, R100W, located under National Forest System (NFS) lands. The federal mineral lease has an effective date of August 1, 1975 and was leased under the Badlands Land and Resource Management Plan direction. The well is within the Whiskey Joe Oil Field. The proposed well is located approximately 12 air miles northeast of Medora, North Dakota within the SW¼SE¼ of Section 10, T141N, R100W, Billings County, North Dakota (see Figure 1&2). The Little Missouri Federal H well site would be approximately 350 feet by 475 feet in size and would disturb approximately 3.82 acres. A 100 x 50 x 14 dry cuttings pit would be located in the northwest corner of the well location. The proposed access road for the Little Missouri Federal H, National Forest System Road (NFSR) #734-22, would originate off of NFSR #734-3 located in the SW¼SE¼ of Section 10, T141N, R100W. NFSR # would then continue northwesterly for approximately 150 feet until reaching the Little Missouri Federal H well pad location. The proposed access road would disturb approximately.26 acres. NFSR # would be a single use level three road, and closed for public use (See Figure 2). Proposed production facilities to be placed on the well location would consist of: a pumping unit, anchors, electric panel, a minimum of six oil storage tanks, two water storage tanks, a heater-treater Caring for the Land and Serving People Printed on Recycled Paper

2 with attached shed, separator, gas meter and shed, recycle pump, flare pit, and other related plumbing and electrical fittings. Proposed lines may include an electric line and a gas line, both of which would be approximately 150 feet in length and would parallel opposite sides of NFSR # When production of a well ceases and the well is plugged, the well location and access road would be obliterated and reclaimed to as near natural conditions and contours as possible in accordance with the Conditions of Approval (COA s). All lines would be flushed and purged of fluids, then cut and capped at the edge of the pad. All underground piping located on the well pad would be removed from the area prior to reclamation. The proposed Little Missouri Federal H oil well and NFSR # access road would be located within Management Area (MA) 3.65, Rangelands With Diverse Natural-Appearing Landscapes and would be consistent with the Goals, Objectives, and Management Standards of the Dakota Prairie Grasslands Land and Resource Management Plan. This MA emphasizes maintaining or restoring a diversity of desired plants and animals and ecological processes and functions. It also provides a mix of other rangeland values and uses with limits on facilities to maintain a natural appearing landscape. Standards and Guidelines for MA 3.65 include: Allowing oil and gas leasing and development Honor all valid existing oil and gas leases Allow removal of mineral materials Approval of the Surface Use Plan of Operations and Road Design Plans submitted by GMX for construction of the well pad, access road, electric line, and associated pipelines, would be subject to the following: The 37 Conditions of Approval (COA s) would be attached and made part of the SUPO. The Road Management Objectives and Road Design Plans would be incorporated into the COA s for the well and the decision. The proposed electric line would require the issuance of a special use permit before construction and installation. The proposed gas line would require the issuance of a special use permit before construction and installation. The Dakota Prairie Grasslands (DPG) Land and Resource Management Plan (LRMP) Mitigation measures provided by the Forest Service specialists. Recommendations within the Roads Analysis Report. Applicability of Section 390, Category 3, of the Energy Policy Act of Compliance with applicable laws and regulations. Categorical Exclusion, Under Section 390 of the Energy Policy Act of 2005 The proposed action meets the criteria defined within the Forest Service Environmental Policy and Procedures Handbook ( , Chapter 30) category 31.3 Categories Established by Statute ; Section 390 of the Energy Policy Act of 2005, 42 U.S.C : This section established five types Page 2 of 7

3 of actions related to oil and gas exploration and development conducted pursuant to the Mineral Leasing Act (30 U.S.C. et seq., as amended) on Federal oil and gas leases. This project would fall under Category (3): Drilling an oil or gas well within an existing developed field for which an approved land use plan or any environmental document prepared pursuant to NEPA analyzed drilling as a reasonable foreseeable activity, so long as such a plan or document was approved within five (5) years prior to the date of spudding the well. The project would be located within the Whiskey Joe Oil Field. The Northern Great Plains Management Plan Revision FEIS (2001), Dakota Prairie Grasslands Land and Resource Management Plan Record of Decision (ROD) (2002), Dakota Prairie Grasslands Oil and Gas Leasing Record of Decision (2003) and supporting documents for these analyses and decisions such as the oil and gas Reasonable Foreseeable Development (RFD) Scenario, address reasonable foreseeable oil and gas development on the Little Missouri National Grassland, which includes the Medora Ranger District. The Dakota Prairie Grasslands Oil and Gas Leasing Record of Decision, was signed on June 12, 2003; the NEPA was reviewed in accordance with FSH Chapter 1, Section 18 direction and determined sufficient to continue implementation of the Decision in a memo signed May 15, Therefore, the 2003 Oil and Gas ROD, continues to meet the NEPA requirement for Section 390, Category 3. Applicable Laws and Regulations Energy Policy Act of 2005, Section 390: Use of Section 390 would be consistent with the Forest Service's substantive authority or responsibility regarding review and approval of a SUPO conducted pursuant to 36 CFR CFR 228E Oil & Gas Operations: The Surface Use Plan of Operations (SUPO) would be consistent with the requirements of 36 CFR as follows: The SUPO would be consistent with the lease, including the lease stipulations. The access road has been professionally designed to prevent and control soil erosion. Best management practices have been incorporated into the road design. Fire prevention and control measures would be added to the SUPO. Both interim and final reclamation measures and timelines would be incorporated into the SUPO. Native seed mixtures would be utilized. Safety measures would be incorporated to protect the public and require safe operations. Measures would be incorporated to control, treat, and dispose of all wastes. Surveys conducted for the proposed project area were reviewed by Forest Service specialists, and established the following: The Forest Service Botanist has concurred that there are no federally listed Threatened or Endangered (T&E) plant species, nor designated critical habitat for plant species on the Little Missouri National Grassland. There are no plant species proposed for federal listing nor is there any proposed critical habitat associated with the proposed project. Therefore there would be no effects to any T&E plant species. Page 3 of 7

4 Surveys conducted for the proposed project area and reviewed by the Forest Service Botanist determined that the proposed project may impact individuals (undiscovered) or habitat for five of the fourteen listed sensitive species, but is unlikely to contribute towards a trend of federal listing or cause a loss of viability to any species on the Little Missouri National Grassland. A wildlife survey has been completed. There are no federally listed Threatened or Endangered (T&E) wildlife species, nor designated critical habitat for wildlife species on the Little Missouri National Grassland. There are no wildlife species proposed for federal listing nor is there any proposed critical habitat associated with the proposed project. A wildlife concurrence by the Forest Service Wildlife Biologist is pending. Surveys conducted for the proposed project area and reviewed by the Forest Service Botanist determined that the proposed project may impact individuals (undiscovered) or habitat for five of the fourteen listed sensitive species, but is unlikely to contribute towards a trend of federal listing or cause a loss of viability to any species on the Little Missouri National Grassland. Cultural resource surveys have been completed for the project area and were reviewed by the Forest Service Archeologist. The Forest Service Archeologist has determined that no historic properties would be affected inside the project area. Paleontological surveys were reviewed be the Forest Service Geologist and it was determined that the proposed project is not within an inventoried paleontology site. There would be no effects to paleontological resources. The Forest Service Hydrologist reviewed the project description and recommended that the pad have a full perimeter berm for spill containment. How to Comment and Timeframe Written, facsimile, hand-delivered, oral, and electronic comments concerning any of these actions will be accepted for 30 calendar days following the publication of this notice in the Bismarck Tribune. The publication date in the newspaper of record is the exclusive means for calculating the comment period for these projects. Those wishing to comment should not rely upon dates or timeframe information provided by any other source. Forest Service regulations prohibit extending the length of the comment period. It is the responsibility of persons providing comments to submit them by the close of the comment period. Comments must be project specific. Written comments must be submitted to: USDA Forest Service; Medora Ranger District; Minerals Department, rd Avenue North, Suite B, Dickinson, ND The office business hours for those submitting hand-delivered comments are: 8:00 am to 4:30 pm Monday through Friday, excluding holidays. Oral comments must be provided at the Responsible Official s office during normal business hours via telephone (701) or in person at the Medora Ranger District office. Electronic comments must be submitted in a format such as an message, plain text (.txt), rich text format (.rtf), or Word (.doc) to comments-northern-dakota-prairie-medora@fs.fed.us. In cases where no identifiable name is attached to a comment, a verification of identity will be required for appeal eligibility. If using an electronic message, a scanned signature is one way to provide verification. Individuals and organizations wishing to be eligible to appeal must meet the information requirements of 36 CFR Page 4 of 7

5 For additional information, please contact Shawn Reisenauer, Oil Development Area Manager by letter at Medora Ranger District, rd Ave. West, Suite B, Dickinson, ND 58601, or by telephone (701) Page 5 of 7

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