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Herbicide Use Information Package Thank you for taking this time to become familiar with the herbicide application & use portion of the minerals program on the Medora & McKenzie Ranger Districts of the Dakota Prairie Grasslands. Whether you are a new or long time operator on our Districts it is important that we establish and maintain a good working relationship and partnership with each other. This Package identifies some of general practices and policies that have been developed over the years to help foster that relationship and partnership. This package very briefly highlights the stipulations, conditions of approval, timeframes and procedures. This material is general in nature and subject to change. It is intended to provide the applicant with information on the herbicide use application and permitting process. The permittee should refer to individual permit packages for the accurate definitions of individual Stipulations and Conditions of Approval. All of the materials identified within this document are available upon request in hard copy or electronic version. If you have any questions regarding the permitting and application of herbicides on oil and gas facilities or other permitted sites, please contact the Medora office at (701) 225-5151 or the McKenzie office at (701) 842-2393 or 2394. It is our intent to maintain a good working relationship with you and your company at all times. Sincerely, Ronald W. Jablonski, Jr. Medora District Ranger

Frank V. Guzman McKenzie District Ranger

Forest Service Representatives Authorized USFS Line Officer: The District Ranger is the Forest Service’s Authorized Line Officer responsible for the permitting and compliance of all permits. His/her name will appear on the permit, and all correspondences. All decisions and authorities reside with the District Ranger. Authorized USFS Representative: The District Ranger will assign an Oil & Gas Resource Specialist (Area Manager (AM)) to this project. The AM is the District Ranger's authorized representative and will be preparing the permit and handling all approvals, amendments, agreements, compliance, and suspensions between the permittee and the Forest Service. Issues/Concerns/Problems: It is not unusual for situations or problems to come up from time to time. We like to resolve both “As close to the ground as possible”. I would encourage you to make all efforts to work out any situations or problems with the Area Manger first. If you and the AM cannot resolve the item, then move up to the second level and so on. Bypassing a level will result in being directed back to the level bypassed. Medora Ranger District 1. Level 1: Area Manager: Curt Decker, (701) 264-7871, Extension 150 2. Level 2: Minerals Program Manager: Mark Sexton, (701) 264-7871, Extension 131 3. Level 3: District Ranger: Ronald W. Jablonski, Jr., (701) 264-7871, Extension 117 McKenzie Ranger District 1. Level 1: Area Manager: Jason Dekker, (701) 842-2393 or 2394, Extension 51 2. Level 2: Minerals Program Manager: Dave Valenzuela, (701) 842-2393 or 2394, Extension 26 3. Level 3: District Ranger: Frank V. Guzman, (701) 842-2393 or 2394, Extension 29

Page 2 of 9 USFS Law Enforcement Officer (LEO): The Medora Ranger District does have an LEO who patrols the entire unit ensuring public safety, protecting surface resources, checking for valid uses, and involved in noncompliance issues. Business Hours: Normal office operating hours are Monday through Friday, 0800-1630 hours. All contacts and business can be made anytime during the normal operating hours listed above. Calls made to an Area Manager’s home after hours for business purposes are unacceptable unless prior arrangements have already been made and approved.

WHY TREAT? All oil and gas surface use plans of operations and all Special Use permits have conditions or stipulations requiring that noxious weeds must be controlled on all locations and roadways, regardless of status. The area of operations on all facilities must also be vegetation free and maintained as such. Therefore, the operator or permit holder is obligated to control both noxious weeds and vegetation COA #15. Noxious Weeds/Exotic Plant Prevention & Control The Operator is responsible for the prevention and control of noxious weeds and/or exotic plants of concern on the surface areas authorized under this Surface Use Plan of Operations (SUPO) and any subsequent Sundry Notices, Special Use Permits, etc. associated with this SUPO, and on any adjacent areas infested as a result of oil and gas operations, and shall provide prevention and control measures prescribed by the Forest Service as listed in the Other Conditions of Approval #39-15. COA #33. Vegetative Control To help prevent the spread of fire, spills, and noxious weeds, the Operator must keep the area of operations bare of all living and/or dead vegetation. A combination of both mechanical and chemical methods may produce the most effective results. A. Mechanical Methods: includes but is not limited to hand pulling, burning, use of drags, disks, etc. Burning requires prior approval. B. Chemical Methods: includes ground application of herbicides and requires Forest Service approval prior to application. Specifications for herbicide use and control are listed in the Other Conditions of Approval #39-33B. How you choose to control the problem within the limitations of your SUPO or Special Use Permit is up to you the Operator or Permit Holder. We are interested in the end results. You may choose to mow and hand pull the weeds and vegetation or you may choose to spray herbicides which is highly regulated and monitored. Regardless, you need to communicate your treatment methods to the Forest Service prior to starting. See also a synopsis of the North Dakota Agriculture Department’s rules and regulations at the end of this document.

WHO MUST OBTAIN THE PERMIT? Permits: The Operator of the oil and gas well or the Holder of the special use permit is responsible for obtaining an approved annual herbicide application permit from the Forest Service before conducting any treatments.

Page 3 of 9 The Operator or Permit Holder is also responsible for obtaining all the necessary permits and permission from the state agencies, county agencies, other federal agencies, and private individuals. It is the Operator’s or Permit Holder's responsibility to make sure that their representatives, workers, contractors, and subcontractors are provided with copies of the permit and understand the terms of this permit. Operator or Permit Holder Representative: If the Operator or Permit Holder chooses to delegate the task of obtaining a permit to one of their representatives, contractors, or subcontractors, the Operator or Permit Holder must designate in writing the following: • The name of the individual or individuals responsible for submitting the applications and securing the permits. • Type of authority or limited authority the representative has. • Their phone number(s), including mobile phone numbers, of where the permittee and/or the permittee's local agent can be contacted during the normal operating hours of this permit. Communication: There is going to be a lot of interaction between you or your designated representative and the Area Manager handling the permit as we work our way through the permitting process. Additional information needs may arise from time to time. You will always be notified of additional needs as soon possible. Although we plan ahead for what we may need for this process, there always seems to be something that pops up at the last minute or two. The more people that are involved, the more complicated matters can become. To prevent communications problems we strongly suggest that you designate one individual to be a “Key Contact” person to work with the Forest Service Area Manger, who is our Key Contact. These Key Contacts on each side can then keep track of who is doing what, when things need to be done, track any requests, and everything else that needs to be done. Constant change of representatives may result in delaying or extending time frames.

PRELIMINARY MEETING If this permitting of herbicide use is new to you, or if you merely wish to just understand the process better. We suggest that you call in and schedule a preliminary meeting to review the application forms, processes, and requirements and talk over any questions and concerns you may have. Upon completion of this meeting, we will provide you with the following basic information: What You Will Receive From The Forest Service To Get Started 1. Information Package (This Package) 2. Forms (2): Pesticide Use Proposal (FS Form 2100-2) a. An example of a complete Pesticide Use Proposal. 3. Forms (2): Supplemental Information for Pesticide Use Proposal (DPG Form 2100-2A) a. An example of a complete Supplemental Information For Pesticide Use Proposal. 4. Forms (2): Pesticide Application Records, Year End Report (DPG 2100-2B). a. An example of a complete Pesticide Application Records, Year End Report. 5. A copy of the Approved Herbicides List 6. A copy of a Blank Off Highway Vehicle Permit 7. Forms (2): Year End Report a. An example of a complete Year End Report. 8. A copy of the following Conditions of Approval Other: a. COA Herbicide Use General COA Package. b. COA Other #39-15, Noxious Weed Prevention & Control. c. COA Other #39-33B, Vegetative Control, Application of Herbicides. d. COA Other #39-10, Fire Prevention & Suppression Requirements. e. COA Other #39-10.1, Fire Suppression Plan.

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Approved List of Herbicides: A list of approved herbicides is included with the Pesticide Use Proposal form. Both a common name and trade name are included in this list. Only the common name is approved for application. The trade names and manufacturers are included for information purposes and change yearly. If you find a trade name is not on the list, contact this office for approval prior to any use. Off Highway Vehicle Use: vehicle use is restricted to existing roads and two tracks on Federal lands. There are exceptions for holders of valid special use permits and mineral leases. We need to be sensitive to the fact that most users do not have this privilege. Therefore, prior to any off road use, you will need to obtain an OHV permit from the District Office. There is no charge for these permits. Permittee/Operator Fire Suppression Plan: this is a requirement if your operations would occur anytime during normal fire season, which normally occurs from April 1 to October 31 of each year. You are responsible for the prevention and liable for the suppression of fires associated with your operations.

GETTING STARTED It would be very helpful to have read all of the forms, conditions of approval, lists, and this package prior to developing an application. Before you submit an application you need to be aware of the following: 1. An Annual Permit is required. 2. Prior to any on the ground application(s) of herbicides, the Forest Service must review and approve the Pesticide Use Proposal (Form FS-2100-2) and Attachment A (Form DPG 2100-2-A). 3. The submittal of an application alone does not guarantee you a herbicide use permit. 4. Valid existing lease and permit rights will be verified. 5. Applicator’s names, license numbers, and performance will be verified. 6. Your lease or permit may contain stipulations, which prohibit you from performing herbicide applications. 7. The Dakota Prairie Grasslands Land & Resource Management Plan (DPG LRMP) may prohibit or restrict herbicide applications in certain areas or pose other restrictions.

NOTE: SITES TO BE RECLAIMED Plugged and Abandoned Facility and Well Sites: Herbicides should not be used on plugged & abandoned (P&A) well sites or other facilities that are scheduled to be reclaimed within one year of the P&A notification date or terminating of the permit. This will have a detrimental effect to any seeding requirements.

INSPECTION & ENFORCEMENT Inspections/Compliance/Non-compliance: The Forest Service inspector will be performing random spot inspections without notification to monitor compliance to this permit. For items of noncompliance the Inspector may issue a Verbal Warning, Written Warning or formal written Notice of Noncompliance (NNC). Which one, depends upon the severity of the situation. Failure to comply may result in Termination of the permit. The Area Manager may suspend operations under any or all of the following conditions, including but not limited to: 1. Noncompliance with the terms and/or conditions set forth in this permit either by the Operator or Permit Holder or any of their representatives, workers, contractors, and subcontractors, etc. a. COA Herbicide Use General COA Package. b. COA Other #39-15, Noxious Weed Prevention & Control.

Page 5 of 9 c. COA Other #39-33B, Vegetative Control, Application of Herbicides. d. COA Other #39-10, Fire Prevention & Suppression Requirements. e. COA Other #39-10.1, Fire Suppression Plan. 2. Unnecessary and unreasonable surface resource damage. 3. Unsafe practices. 4. Non-certified applicators.

SUBMITTING A PROPOSAL Applicant's Responsibility The following information and material must be provided when submitting the permit or Plan of Operations. 1. 1 legible and complete copy of each Form: a. Pesticide Use Proposal (FS Form 2100-2) b. Supplemental Information for Pesticide Use Proposal (DPG Form 2100-2A) 2. A letter from the leaseholder(s) authorizing you to secure the approval of the permit(s) if you will be acting for those leaseholders. 3. A Fire Suppression Plan if you intend to treat vegetation and weeds during the fire season. 4. A request for an Off Highway Vehicle permit if you intend to be off road. Which Sites & Facilities To List In Application: For the Medora Ranger District: List only those sites that are located on Forest Service lands in Billings, Slope, and Golden Valley counties that are under Forest Service jurisdiction. The Medora Ranger District will not approve herbicide applications on sites located on the McKenzie Ranger District, BLM administered lands, State lands, or other private property. Those agencies and/or individuals must authorize application and use of herbicides on those lands. Forms including this information will be returned. For the McKenzie Ranger District: List only those sites that are located on Forest Service lands in McKenzie County that are under Forest Service jurisdiction. The McKenzie Ranger District will not approve herbicide applications on sites located on the Medora Ranger District, BLM administered lands, State lands, or other private property. Incomplete Form Data: Over the past few years we have had two main problems with Block #6, part d), Form FS-2100-2. Either we are not getting a complete listing of the sites or we are receiving listings with sites that are not on Forest Service administered lands. Under Block #6 we need a site specific description or list of sites, located on Forest Service properties administered by the individual Ranger District with the following information. ¾ ¾

Name and/or number of well pad, central tank battery, station or other site. Legal description: Quarter/Quarter, Section, Township, Range, and County.

Attachment A, Block 3 (enclosed) or a separate attachment can be utilized and attached to Form FS 2100-2 for the above-mentioned required information. Submitting Your Application: You can mail in your completed forms to the following: USDA Forest Service Medora Ranger District Attn: Curt Decker 161 21st Street West Dickinson, ND 58601

USDA Forest Service McKenzie Ranger District Attn: Jason Dekker 1901 South Main Street Watford City, ND 58854

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Our intent is to help you through this process and work closely in resolving any problems or issues, which may arise.

APPLICATION REVIEW Application Review: We will review all the submitted forms for completeness and to verify your rights and applicator’s licensing. We will need a complete package in order to permit the herbicide operations. If the package is not complete and/or missing we will notify you by phone and in writing. An incomplete package will delay the process. Permit Time Frames: It takes between 2-5 days to complete a permit package providing the application is complete. If the application is not complete, it will be returned to you with a request for additional information and/or corrections. Corrections can take time and can become very frustrating to the permittee. It is important that the forms be as correct as possible, as they will be included within the official record. The Area Managers will process a permit as fast as legally possible. If the Area Managers become swamped with permit requests or preparing permit packages, your permit application will be processed in the order of submittal.

RECLAMATION PLANS & BONDING Herbicide use should not result in ground disturbance or the spraying and killing of vegetation other than on the well sites or special use facilities. Should the spraying result in the loss of good vegetation or surface damages, the Operator or Permit Holder shall be held liable and shall perform the necessary reclamation and seeding to remedy the situation. A reclamation plan would then be prepared. Additional bonding would not be required under surface use plans of operations for oil and gas sites as they are currently bonded with the Bureau of Land Management. However, special use permits are not bonded, and should persistent problems arise, bonding may be required. Reclamation Plan: A reclamation plan which may include bonding will be prepared by the Forest Service, for all anticipated surface disturbance areas. Reclamation, if required, is the responsibility of the Operator and/or Permit Holder and must be completed in a timely manner. It may take between three (3) and (5) years to adequately reclaim a disturbed area. The permit and bond would be extended to such time as needed to adequately reclaim the site. Bonding: The amount of bonding would vary by project. The needs identified in the reclamation plan will determine the overall amounts. Bonding will be attached to the special use permit fees and returned to the permittee after all obligations in the permit are met and when the Forest Service terminates the permit. Bonding amounts can be reduced and/or adjusted to meet current needs. If problems do arise, the District Ranger or the Area Manager may elect to halt operations until such time that an adequate bond or additional bonding can be secured.

PERMITTING PROCESS TO USE Which Process To Use: Herbicide application is required under both the lease and special use permit. Since it requires having certified applicators, you may find it easier to have an herbicide applicator company fill out the forms and request the permit. Or, you may find that is easier to fill out the forms and obtain the permit yourself, and then hire an applicator to perform the work. Whichever is easiest for you, will also work for us. We just need to know up front what you are planning to do.

Page 7 of 9 Private Surface: The Forest Service does not have any jurisdiction over private surface and therefore does not issue permits for use of those private surfaces. Private Surface/Federal Minerals: The Forest Service does not have any jurisdiction over private surface and therefore does not issue permits for use of those private surfaces. However, the Bureau of Land Management would be the permitting agency for any type of operations on the federal mineral estate.

RECEIVING YOUR PERMIT PACKAGE You will receive the following with a cover letter from the District Ranger: 1. 2. 3. 4.

One (1) signed Pesticide Use Proposal (FS Form 2100-2) One (1) signed Supplemental Information for Pesticide Use Proposal (DPG Form 2100-2A) A signed copy of an Off Highway Vehicle Permit if required. A copy of the following Conditions of Approval Other will be attached: a. COA Herbicide Use General COA Package. b. COA Other #39-15, Noxious Weed Prevention & Control. c. COA Other #39-33B, Vegetative Control, Application of Herbicides. d. COA Other #39-10, Fire Prevention & Suppression Requirements. 5. A signed copy of the COA Other #39-10.1, Fire Suppression Plan.

These components will make up the complete permit package and this package is what will be inspected against.

YEAR END REPORTS End of Year Report: When herbicide treatments have been completed for the season and prior to October 1, of each year, a report (Year End Report Form DPG 2100-2B) must be submitted with the following information for sites treated and for each herbicide applied on National Forest System lands: 1. Date of application 2. Formulation/trade name 3. EPA registration number 4. Name of active ingredient 5. Pounds of active ingredient applied to the site 6. Acres treated on the site In the case of a combination of herbicides being used, you will need to submit the information for each herbicide in the mixture. NOTE: If you do not submit a Year End Report, you will not be issued a new permit for the following year.

CLOSING REMARKS We realize that there is a lot of information here and a lot of decisions to be made. We would like to reiterate how important it is that we establish the key contacts between you and us and let us guide you through this process, which appears to be far more difficult and cumbersome than it truly is. It’s a partnership in which we have equal stakes. If we can be of any further assistance please don’t hesitate to contact us. We look forward to working with you.

Ron & Frank

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A Synopsis Of The North Dakota Department of Agriculture Regulations The North Dakota Department of Agriculture is the state lead agency and has the primary jurisdiction for pesticide enforcement in North Dakota. It receives this authority from the North Dakota Pesticide Act which was enacted in 1975. Prior to the enactment of this act, the United States Environmental Protection Agency had the primary role in regulating the pesticide industry in the state. The USEPA still retains oversight for how the federal law (FIFRA) is administered by the North Dakota Department of Agriculture Plant Industries Program Area. The North Dakota Pesticide Act (Chapter 4-35 of the North Dakota Century Code) allows the Department to regulate in the public interest the distribution, storage, transportation application, recordkeeping, restricted use sales, pesticide disposal, pesticide container disposal and chemigation of pesticides and fertilizers. The Department also regulates and enforces pesticide registration law through Chapter 19-18 of the North Dakota Century Code The North Dakota Department of Agriculture is committed to ensuring human safety and protecting the environment through the proper use of pesticides. In addition, the Department acknowledges the critical role that pesticides play in producing high quality food and controlling economically important pests. Therefore, the Department uses its statutory authority to regulate the registration, distribution, sale, storage, and proper use of pesticide products. CHAPTER 63-01.1: NOXIOUS WEED CONTROL 63-01.1-01. Control and eradication of noxious weeds: Every person in charge of or in possession of land in this state, whether as landowner, lessee, renter, or tenant, under statutory authority or otherwise, shall control or eradicate noxious weeds on those lands. PESTICIDE REGISTRATION PROGRAM Pursuant to Chapter 19-18 of the North Dakota Century Code, no pesticide may be distributed or sold in North Dakota unless it is registered with the North Dakota Department of Agriculture. The Pesticide Registration program area manages the registration of over 9,000 pesticides, which include products for agricultural, industrial, and homeowner uses. If you have questions regarding which pesticides are currently registered in North Dakota, please contact the Department or search the Pesticide Registration Database. RECORDKEEPING REQUIREMENTS FOR COMMERCIAL APPLICATORS NORTH DAKTA ADMINISTRATIVE CODE-60-03-01-07 RECORDKEEPING 2. Commercial applicators. Commercial applicators shall keep a record of all pesticide applications. A copy of the records must be provided to the client or the applicator must have on file a signed letter giving the applicator permission to keep the records for the client. The record shall include for each application: a. Name and address of the person for whom the pesticide was applied. b. Legal description of the land, grain bin identification, railcar number, or other description of where the pesticide was applied. c. Pest or pests controlled. d. Starting and completion time the pesticide was applied (month, day, year, hour of the day). e. Person who supplied the pesticide that was applied. f. Specific trade name of the pesticide applied and environmental protection agency registration number of the restricted use pesticide that was applied. g. Direction and estimated velocity of the wind and the estimated temperature of the outdoor air at the time the pesticide was applied. This requirement shall not apply if a bait is used to attract the pest or pests or if the application is made indoors. h. Amount of pesticide used, including:

Page 9 of 9 i. Pounds (kilograms) or gallons (liters) per acre (.40 acre) of formulated product. ii. 2. Percentage or pounds (kilograms) of active ingredient. iii. Pounds (kilograms) or gallons (liters) of tank mix applied per acre (l.40 hectare). i. Specific crops, commodities, and total acreage (hectarage) or other common identifying unit of measure, to which the pesticide was applied. j. Description of equipment used in application. k. Certification number of applicator, if any, and signature. l. Right-of-way applicators must record weather conditions and geographic location in two-hour increments. m. The registrant name that appears on the product label. COMMERCIAL CERTIFICATION All commercial applicators and any individual who applies any restricted-use product must be certified in the proper category. A commercial applicator may apply general use products under the direct supervision of a certified commercial applicator. The supervisor must be within 15 minutes of the application site and have an electronic communication device for both parties. PRIVATE CERTIFICATION Private applicators must be certified in the General category to buy, sell or apply restricted-use products and in the Fumigation category in order to buy, sell, store or apply fumigants. An employee may apply restricted-use pesticides under the direct supervision of a private applicator. The supervisor must be within 15 minutes of the application site and have an electronic communication device for both parties. PENALTIES Penalties vary for different violations and can be levied for amounts up to $5000 per violation. Some violations have minimum fines. For example, an off-label application violation has a minimum fine of $5000. NOTE: PLEASE VISIT THE NDAD WEBSITE FOR SPECIFIC DETAILS CONCERNING THEIR PROGRAM AND LEGAL REQUIREMENTS.