APPENDIX D 

________________________________________

ALTERNATIVE A STIPULATIONS 

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Appendix D: 

Alternative A Stipulations

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APPENDIX D 

ALTERNATIVE A STIPULATIONS 

Definitions 

The following definitions apply to the following stipulations: 

Active Floodplain: The lowland and relatively flat areas adjoining inland and coastal waters 

including flood-prone areas of offshore islands, including at a minimum that area subject to a 1 

percent or greater chance of flooding in any given year (also referred to as the 100-year or base 

floodplain). 

Body of Water or Waterbody: A lake, river, stream, creek, or pond that holds water throughout 

the summer and supports a minimum of aquatic life. 

Permanent Oil and Gas Facilities: Production facilities, pipelines, roads, airstrips, production 

pads, docks and other bottom-founded structures, seawater-treatment plants, and any other 

structures associated with an oil and gas operation that occupies land for more than one winter 

season. It does not include material sites or seasonal facilities such as ice roads and ice pads. 

The following stipulations are based on existing policies and laws, and on knowledge of the 

resources present in the planning area and current industry practices. All stipulations will attach 

to all activities, including oil and gas leases issued in the planning area. All oil and gas activity 

permits issued subsequent to leasing shall comply with the appropriate lease stipulations specific to 

the activity under review. All permits issued in conjunction with other authorized activities (e.g., 

seismic operation, commercial guiding) within the planning area shall comply with the appropriate 

stipulations specific to the activity under review. 

Additional site-specific stipulations may be added by the Authorized Officer (AO) as determined 

necessary by further NEPA analysis and as developed through consultation with other Federal, 

State, and NSB regulatory and resource agencies. Other Federal, State, and NSB permits (e.g., 

NPDES, Clean Water Act [CWA] Section 404) also may be required by law or regulation for an oil 

and gas project to proceed. A list of permits/approval commonly required by law or regulation for 

an oil and gas project is provided in Appendix B of this Supplement. Additional permits not listed 

in Appendix B may be required. Specific State permits are required where the state has primary 

authority, under Federal or Sate law or regulation, for enforcement of the provision in question. 

Specific permits issued by Federal agencies other than BLM could include permit conditions that 

are more stringent than those presented below. 

Exception Clause: In the event that an exception to a lease or permit stipulation is requested, and 

before an exception may be granted, the Authorized Officer (AO) shall find that implementation of 

the stipulation is: 

1. a) technically not feasible, or 
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b) economically prohibitive, or 

c) an environmentally preferable alternative is available, and 

2. the alternative means proposed by the lessee fully satisfies the objective(s) of the 

stipulation. 

In addition, prior to the consideration or granting of an exception to a lease or permit stipulation, 

all conditions and/or consultation requirements specific to a stipulation must be met. The AO shall 

consult with appropriate federal, state, and North Slope Borough (NSB) regulatory and resource 

agencies before an exception may be granted, except in the case of an emergency. The AO’s power to 

grant stipulation exceptions is limited to those subjects, uses, and permits over which the Bureau of 

Land Management (BLM) has authority. Exceptions may be granted in emergencies involving 

human health and safety. 

Stipulations 

See pages II-4 through II-17 of the Final 1998 Northeast NPR-A IAP/EIS (Figures II.B.1 through 

II.B.14) for maps of the Land use Emphasis Areas (LUEAs) referred to in these stipulations. 

Waste Prevention, Handling, and Disposal and Spills: 

1. To prevent and minimize present and future pollution, management decisions affecting 

waste generation shall be addressed in the following order of priority: 

-Prevention and Reduction 

-Recycling 

-Treatment 

-Disposal 

a. Lessees shall prepare a waste-management plan approved by the AO, in consultation 

with appropriate federal, state, and NSB regulatory and resource agencies, to 

achieve specific waste-reduction and prevention goals for all phases of exploration 

and development (including activities conducted by contractors). The plan shall 

identify all waste streams that will be produced during each operation by type, 

volume, and toxicity and the method of disposal. For each waste stream, the 

lessee/operator shall describe what actions will be taken to minimize the volume. 

The plan should include activities that will integrate pollution prevention concepts 

into purchasing, inventory, shipping/receiving, operations maintenance, training, 

accounting, and design. The goal of the plan shall be continuous environmental 

improvement and achievement of reduction goals developed through the planning 

process. Lessees shall develop schedules for implementation and review to meet 

reduction and prevention goals, designate accountable personnel to carry out action 

items, and specify budget line items for plan elements. Lessees shall provide the AO 

with an annual waste-management report. 

b. Lessees shall implement a hazardous-materials tracking system to ensure proper 

use, storage, and management of materials being used within industrial processes. 

The use of chlorinated solvents is prohibited. 

c. Lessees shall conduct annual environmental compliance audits. 
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2. Attracting wildlife to food and garbage is prohibited. All feasible precautions shall be taken 

to avoid attracting wildlife to food and garbage. A current list of approved precautions, 

specific to type of permitted use, can be obtained from the AO. Lessees and permitted users 

shall have a written procedure to ensure that the handling and disposal of putrescible waste 

will be accomplished in a manner to prevent the attraction of wildlife. 

3. Burial of garbage is prohibited. All putrescible waste shall be incinerated or composted 

through an AO-approved system, unless otherwise authorized by the AO. All solid waste, 

including incinerator ash, shall be removed from BLM lands and disposed of in an approved 

waste-disposal facility in accordance with U.S. Environmental Protection Agency (USEPA) 

and State of Alaska Department of Environmental Conservation (ADEC) regulations and 

procedures. Burial of human waste is prohibited except as authorized by the AO. 

4. Except as specifically provided, all pumpable solid, liquid, and sludge waste shall be 

disposed of by injection in accordance with USEPA, ADEC, and the Alaska Oil and Gas 

Conservation Commission regulations and procedures. On-pad temporary muds and 

cuttings storage will be allowed as necessary to facilitate annular injection and/or backhaul 

operations. 

5. Wastewater disposal: 

a. Unless authorized by the National Pollution Discharge Elimination System (NPDES) 

or state permit, disposal of domestic wastewater into bodies of freshwater, including 

wetlands, is prohibited. 

b. Surface discharge of reserve-pit fluids is prohibited unless authorized by applicable 

NPDES, ADEC, and NSB permits and approved by the AO. 

c. Disposal of produced waters in upland areas, including wetlands, will be by 

subsurface-disposal techniques. The AO, in consultation with the ADEC and USEPA, 

may permit alternate disposal methods, if the lessee demonstrates that subsurface 

disposal is not feasible or prudent. 

d. Discharge of produced waters into open or ice-covered marine waters less than 33 

feet (10 meters) in depth is prohibited. The AO in consultation with ADEC and 

USEPA may approve discharges into waters greater than 33 feet (10 meters) in 

depth based on a case-by-case review of environmental factors and consistency with 

the conditions of a NPDES permit. 

e. Alternate disposal methods will require an NPDES permit certified by the State. 

6. Areas of operation shall be left clean of all debris. 

7. All spills shall be cleaned up immediately and to the satisfaction of the AO and all agencies 

with regulatory authority over spills, including the USEPA, ADEC, and the U.S. Coast 

Guard. 

8. Notice of any spill shall be given to the AO as soon as possible. Other federal, state, and 

NSB entities shall be notified as required by law. 
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9. For oil and gas-related activities, a Hazardous Materials Emergency Contingency Plan shall 

be prepared and implemented prior to transportation, storage, or use of fuel. The plan shall 

include a set of procedures to ensure prompt response, notification, and cleanup in the event 

of a hazardous substance spill or threat of a release. Procedures applicable to fuel handling 

(associated with transportation vehicles) may consist of Best Management Practices (BMPs) 

approved by the AO. The plan shall include a list of resources available for response (e.g., 

heavy-equipment operators, spill-cleanup materials or companies), and names and phone 

numbers of federal, state, and NSB contacts. Other federal and state regulations may apply 

and require additional planning requirements. All staff shall be instructed regarding these 

procedures. 

10. Oil-spill-cleanup materials (absorbents, containment devices, etc.) shall be stored at all 

fueling points and vehicle-maintenance areas and be carried by field crews on all overland 

moves, seismic work trains, and similar overland moves by heavy equipment. 

11. Lessees shall provide refresher spill-response training to NSB and local community spillresponse teams on a yearly basis. 

12. Lessees shall plan and conduct a major spill-response field-deployment drill annually. 

13. Prior to production and as required by law, lessees shall develop spill prevention and 

response contingency plans and participate in development and maintenance of the North 

Slope Subarea Contingency Plan for Oil and Hazardous Substances Discharges/Releases for 

the National Petroleum Reserve – Alaska operating area. Planning shall include 

development and funding of detailed (e.g., 1:26,000 scale) environmental sensitivity index 

maps for the lessee’s operating area and areas outside the lessee’s operating area that could 

be affected by their activities. (The specific area to be mapped shall be defined in the lease 

agreement and approved by the AO in consultation with appropriate resource agencies.) 

Maps shall be completed in paper copy and geographic information system format in 

conformance with the latest version of the U.S. Department of Commerce, National Oceanic 

and Atmospheric Administration’s Environmental Sensitivity Index Guidelines. Draft and 

final products shall be peer reviewed and approved by the AO in consultation with 

appropriate federal, state, and NSB resource and regulatory agencies. 

14. Except during overland moves and seismic operations (see Stipulation 24[m]), fuel, other 

petroleum products, and other liquid chemicals designated by the AO, whether in excess of 

660 gallons in a single tank or in excess of 1,320 gallons in multiple containers, shall be 

stored within an impermeable lined and diked area capable of containing 110 percent of the 

stored volume. The liner material shall be compatible with the stored product and capable of 

remaining impermeable during typical weather extremes expected throughout the storage 

period. Permanent fueling stations shall be lined or have impermeable protection to prevent 

fuel migration to the environment due to overfills and spills. The storage area shall be 

located at least 500 feet from any waterbody with the exception of small caches (up to 210 

gallons) for motor boats, float planes, and ski planes. 

15. Fuels shall not be stored on the active floodplain of any waterbody. Although fuels may be 

off-loaded from aircraft on ice, fuels shall not be stored on lake or river ice. 

16. Refueling of equipment within 500 feet of the highest high water mark of any waterbody is 

prohibited with the exception of refueling motor boats, float planes, and ski planes. See 

Stipulation 24[n] for restrictions related to overland moves and seismic operations. 
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17. All fuel containers, including barrels and propane tanks, shall be marked with the 

responsible party’s name, product type, and year filled or purchased. 

Ice Roads and Water Use: 

18. The location of winter ice roads shall be offset from year to year to minimize vegetative 

impacts. The offset shall be greater than or equal to the width of the road. 

19. Compaction of snow cover or snow removal from fish-bearing waterbodies shall be 

prohibited except at approved ice-road crossings. 

20. Water withdrawal from rivers and streams during winter is prohibited. Water withdrawal is 

prohibited during winter from lakes less than 7 feet (2.1 meters) deep if they are 

interconnected with or subject to seasonal flooding by a fish-bearing stream. Water may be 

withdrawn from isolated lakes that are less than 7 feet (2.1 meters) deep that lack 

connection to or are not subject to seasonal flooding by a fish-bearing stream. After 

consultation with the appropriate federal, state, and NSB regulatory and resource agencies, 

the AO may authorize withdrawals from any lake less than 7 feet (2.1 meters) deep, if the 

proponent demonstrates that no fish exist in the lake. 

Generally, water withdrawal drawdown during winter from lakes 7 feet (2.1 meters) deep or 

deeper shall be limited to 15 percent of the estimated free-water volume (i.e., excluding the 

ice). After consultation with the appropriate federal, state, and NSB regulatory and resource 

agencies, the AO may authorize drawdown exceeding 15 percent from a lake greater than 7 

feet (2.1 meters) deep, if the proponent of the additional drawdown demonstrates that no 

fish exist in the lake. Operators are encouraged to use new ice-road and ice-pad construction 

methods, such as using aggregate “chips” shaved from frozen lakes, to decrease water 

demands, construction time, and impact on fisheries. 

21. The AO, in consultation with appropriate Federal, state, and NSB regulatory and resource 

agencies, may allow water extraction from any lake used by molting geese, if it is 

determined that the withdrawal is consistent with Stipulation 20 and will not adversely 

affect identified goose-feeding habitat along lakeshore margins. An analysis/demonstration 

of the hydrologic functions of the lake(s) under review may be required of the lessee by the 

AO prior to approval of the withdrawal. 

22. Except for approved crossings, alteration of the banks of a waterway is prohibited. 

Waterways include natural features with sufficient water to create riparian (willow) habitat 

such as rivers, streams, deep and shallow lakes, tundra ponds, and shallow water tracks. 

Clearing of willows along the riparian zone is prohibited. Movement of equipment through 

willow stands shall be avoided whenever possible. 

Overland Moves and Seismic Work:

23. Seismic work is prohibited within 1,200 feet of any known, long-term cabin or campsite, 

identified by the AO, without the written permission of the AO. The AO’s decision will be 

informed by the consultation process described in Stipulation 61. 
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24. The following restrictions apply to overland moves, seismic work, and any similar use of 

heavy equipment (other than actual excavations as part of construction) on unroaded 

surfaces during the winter season: 

a. Because polar bears are known to den predominantly within 25 miles of the coast, 

operators shall consult with the U.S. Fish and Wildlife Service (USFWS) prior to 

initiating activities in such habitat between October 30 and April 15. Activities are 

prohibited within 1 mile of known or observed polar bear dens; obtain locations from 

the USFWS, (907) 786-3800. Operators are encouraged to apply for a letter of 

authorization from the USFWS to conduct activities in polar bear denning areas. 

b. Motorized ground-vehicle use will be minimized within the Colville River Raptor, 

Passerine, and Moose Area LUEA from April 15 through August 5, with the 

exception that use will be minimized in the vicinity of gyrfalcon nests beginning 

March 15. Such use will remain 1⁄2 mile away from known raptor-nesting sites, 

unless authorized by the AO. The BLM shall consult with the USFWS to plan travel 

routes to minimize disturbance to raptors. 

c. Crossing of waterway courses shall be made using a low-angle approach to avoid 

disruption of the natural stream or lake bank. Except at approved crossings, 

operators are encouraged to travel a minimum of 100 feet from overwintering fish 

streams and lakes. 

d. If snow ramps or snow bridges are used at water crossings for bank protection, the 

ramps and bridges shall be substantially free of soil and/or debris. Snow bridges 

shall be removed or breached immediately after use or before spring breakup. 

e. To avoid additional freeze down of deep-water pools harboring overwintering fish, 

waterways shall be crossed at shallow riffles from point bar to point bar whenever 

possible. 

f. On-the-ground activities shall use low-ground-pressure vehicles such as Rolligons, 

ARDCO, Trackmaster, Nodwell, or similar types of vehicles. A current list of 

approved vehicles can be obtained from the AO. Limited use of tractors equipped 

with wide tracks or “shoes” will be allowed to pull trailers. 

g. Bulldozing of tundra, trails, or seismic lines is prohibited. This stipulation, however, 

does not prohibit the clearing of drifted snow along a trail, seismic line, or in a camp, 

to the extent that the tundra mat is not disturbed. Snow may be cleared from a 

waterbody ice surface to prepare an aircraft runway, if approved by the AO in 

consultation with appropriate federal, state, and NSB regulatory and resource 

agencies. 

h. To reduce the possibility of ruts, vehicles shall avoid using the same trails for 

multiple trips unless necessitated by serious safety or superseding environmental 

concern. This provision does not apply to ice roads (see Stipulation 18 above). 

i. Ground operations are to begin only after the seasonal frost in the tundra and 

underlying mineral soils has reached a depth of 12 inches, and the average snow 

cover is 6 inches deep. The exact date shall be determined by the AO. 
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j. Ground operations shall cease when the spring melt of snow begins; approximately 

May 5 in the foothills area where elevations exceed 300 feet, and approximately May 

15 in the northern coastal areas. The exact date will be determined by the AO. 

k. Seismic activities and overland moves within the Goose Molting Land Use Emphasis 

Area (LUEA) and the Teshekpuk Lake Caribou Habitat LUEA from May 1 through 

September 30 are prohibited. (Note that this overrides language in Stipulation 24[j].) 

l. To prevent surface disturbance to tundra and other vegetation, tracked vehicles will 

not execute tight turns by locking one track. 

m. Operators shall use best available technology (e.g., self-contained containment 

systems) or other appropriate spill containment measures, approved by the AO, to 

prevent fuel migration from fuel or chemical storage areas to the environment due to 

overfills and spills. 

n. Refueling of equipment is prohibited within the active floodplain of any waterbody. 

Oil and Gas Exploratory Drilling:

25. From May 1 through September 30, exploratory drilling other than from production pads is 

prohibited in the Special Caribou Stipulations Area. 

26. Exploratory drilling is prohibited within 1,200 feet of any known, long-term cabin or 

campsite, identified by the AO, without written permission of the AO. The AO’s decision will 

be informed by the consultation process described in Stipulation 61. 

27. Permanent or gravel oil and gas facilities including roads shall not be constructed during 

the exploration phase of oil and gas development. 

28. Exploratory drilling in river, stream, and lake beds, as determined by the highest high 

water mark, is prohibited. Exceptions to this stipulation may be authorized by the AO in 

cases of shallow lakes which freeze to the bottom, do not support significant fish or bird 

populations, and are hydrologically isolated. Further, such an exception may be granted 

only if it is environmentally preferable to maintaining the restriction. 

Facility Design and Construction:

29. At least 3 years prior to approval of any development plan for leases within the Special 

Caribou Stipulations Area, the lessee shall design and implement a study of caribou 

movement, including historical information regarding the distribution and range use of the 

Teshekpuk Lake Caribou Herd, as well as maps of caribou trails within the area. Study data 

may be gathered concurrent with approved seismic and exploration activity. The study 

design shall be approved by the AO in consultation with the Research and Monitoring Team. 

The study will include a minimum of 3 years of data to assist in providing the information 

necessary to determine facility design and location, including pipelines, which will be part of 

the development plan. Lessees may submit individual plans or they may combine with other 
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lessees in the area to do a joint study. Total study funding by all lessees will not exceed 

$500,000.1

30. Causeways and docks are prohibited in river mouths or deltas. Artificial gravel islands and 

bottom-founded structures are prohibited in river mouths or active stream channels on river 

deltas, except as provided in the paragraphs below. 

The BLM discourages the use of continuous-fill causeways. Environmentally preferred 

alternatives for field development include the use of onshore directional drilling, elevated 

structures, or buried pipelines. Approved causeways shall be designed, sited, and 

constructed to prevent significant changes to near shore oceanographic circulation patterns 

and water-quality characteristics (e.g., salinity, temperature, suspended sediments) that 

result in exceedences of water-quality criteria, and must maintain free passage of marine 

and anadromous fish. 

Causeways, docks, artificial gravel islands, and bottom-founded structures may be 

permitted if the AO, in consultation with appropriate federal, state, and NSB regulatory and 

resource agencies, determines that a causeway or other structure is necessary for field 

development, and that no feasible and prudent alternative exists. A monitoring program 

may be required to address the objectives of water quality and free passage of fish. 

Additional mitigation shall be required where significant deviation from these objectives 

occurs. 

31. Permanent oil and gas surface occupancy, including but not limited to permanent oil and 

gas facilities, pads, rigs, platforms, gravel roads, airstrips, pipelines, gravel or other 

material extraction sites, and exploration and delineation drilling facilities are prohibited in 

the Teshekpuk Lake Surface Protection Area (specifically, T. 13 N., Rs. 3-7 W., U.M.; Secs. 

1-6, 8-16, 21-25, 36, T. 13 N., R. 8 W., U.M.; T. 14 N., Rs. 1-2 E. and Rs. 1-8 W., U.M.; Secs. 

1-2, 11-14, T. 14 N., R. 9 W., U.M.; T. 15 N., Rs. 2-8 W., U.M.; Secs. 1-3, 7-30, 35-36, T. 15 N., 

R. 9 W., U.M.; T. 16 N., Rs. 2-8 W., U.M.; Secs. 1-6, 8-17, 21-27, 34-36, T. 16 N., R. 9 W., 

U.M.; T. 17 N., Rs. 1-9 W., U.M.; and T. 18 N., Rs. 2-8 W., U.M.). No exceptions will be 

granted to this stipulation. 

32. Lessees shall use maximum economically feasible extended-reach drilling for production 

drilling to minimize the number of pads and the network of roads between pads. New 

developments shall share facilities with existing development when prudent and technically 

feasible. All oil and gas facilities, except airstrips, docks, and seawater-treatment plants, 

will be collocated with drill pads. If possible, airstrips will be integrated with roads. Given 

the paucity of gravel sites in the Planning Area and the cost of transporting gravel from 

outside the Planning Area, lessees are encouraged to implement gravel-reduction 

technologies e.g., insulated or pile-supported pads. 

33. Within the Special Caribou Stipulations Area, lessees shall orient linear corridors when 

laying out oil field developments to address migration and corralling effects and to avoid 

loops of road and/or pipeline that connect facilities. 

 

1 Due to the limited portion of the caribou LUEA that is available for oil and gas leasing, it is projected that the costs 

associated with such a study would be considerably less than the maximum identified.
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34. Lessees shall separate elevated pipelines from roads by a minimum of 500 feet, if feasible. 

Separating roads from pipelines may not be feasible within narrow land corridors between 

lakes and where pipe and road converge on a drill pad. 

35. To minimize delay or deflection of caribou movements, lessees shall place pipeline on the 

appropriate side of the road as determined by the AO (depending on general caribou 

movements in the area). 

36. In the Special Caribou Stipulations Area and where facilities or terrain may funnel caribou 

movement, ramps over pipelines, buried pipe, or pipe buried under the road may be required 

by the AO after consultation with appropriate federal, state, and NSB regulatory and 

resource agencies. 

37. Aboveground pipelines shall be elevated at least 5 feet, as measured from the ground to the 

bottom of the pipe, except where the pipeline intersects a road, pad, or a ramp installed to 

facilitate wildlife passage and subsistence passage and access. The AO, in consultation with 

appropriate federal, state, and NSB regulatory and resource agencies, may make an 

exception if no feasible and prudent means exists to meet the requirement. 

38. All crude oil, produced water, seawater, and natural gas pipelines shall be constructed to 

accommodate the best available technology for detecting corrosion or mechanical defects 

during routine structural integrity inspections. 

39. Permanent oil and gas facilities, including roads, airstrips, and pipelines, are prohibited 

within and adjacent to the waterbodies listed below at the distances identified to protect fish 

and raptor habitat, cultural and paleontological resources, and subsistence and other 

resource values. Setbacks include the bed of the waterbody and are measured from the 

bank's highest high water mark. 

a. Ikpikpuk River: a 1⁄2-mile setback from the bank of the Ikpikpuk River within the 

Planning Area (fish, raptors, subsistence, cultural, and paleontological resources). 

b. Miguakiak River: a 1⁄2-mile setback from each bank of the Miguakiak River (fish 

and subsistence resources). 

c. Teshekpuk Lake: a 1⁄2-mile setback from the bank and around the perimeter of 

Teshekpuk Lake (fish and subsistence resources). 

d. Fish Creek: 1) a 3-mile setback from each bank of Fish Creek downstream from Sec. 

31, T. 11 N., R. 1 E.; 2) a 1⁄2-mile setback from each bank of Fish Creek in and 

upstream from Sec. 31, T. 11 N., R. 1 E., U.M. (fish and subsistence resources). 

e. Judy Creek: a 1⁄2-mile setback from each bank of Judy Creek extending from the 

mouth to the confluence of an unnamed tributary in Sec. 8, T. 8 N., R. 2 W., U.M. 

(fish and subsistence resources). 

f. Colville River: a 1-mile setback from the western bluff (or bank if there is no bluff) 

of the Colville River extending the length of the river as described in the Colville 

River Raptor, Passerine, and Moose LUEA. This restriction does not apply within 11⁄2 

mile of the Umiat airstrip (fish, raptor, passerine, moose, paleontological, 

subsistence, scenic, and recreational resources). 
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g. Deep Water Lakes: a 1⁄4-mile setback around the perimeter of any fish-bearing lake 

within or partially within the deep lake zone (fish resources). If the fish-bearing 

status of the waterbody is unknown, the burden is on the lessee to demonstrate 

whether fish are present. 

h. Kikiakrorak River: a 1-mile setback from each bluff (or bank if there is no bluff) of 

the Kikiakrorak River downstream from T. 2 N., R. 4 W., U.M. (raptor, passerine, 

and moose resources). 

i. Kogosukruk River: a 1-mile setback from each bluff (or bank if there is no bluff) of 

the Kogosukruk River (including the four tributaries off the southern bank) 

downstream from T. 2 N., R. 3 W., U.M. (raptor, passerine, and moose resources). 

On a case-by-case basis, essential pipeline and road crossings will be permitted, in 

consultation with appropriate federal, state, and NSB regulatory and resource agencies, 

through setback areas in those instances where no other suitable sites are available. Stream 

crossings will be sited perpendicular to the main channel flow; lake crossings will be at the 

narrowest point. Pipeline and road crossings are prohibited in the setback around 

Teshekpuk Lake, with no exceptions. Road crossings are prohibited in the setback adjacent 

to the Colville River with no exceptions. 

40. Gravel mining sites required for development activities will be restricted to the minimum 

necessary to develop the field efficiently and with minimal environmental damage. Where 

feasible and prudent, gravel sites shall be designed and constructed to function as water 

reservoirs for future use. Gravel mine sites are prohibited within the active floodplain of a 

river, stream, or lake unless the AO, in consultation with appropriate federal, state, and 

NSB regulatory and resource agencies, determines that there is no feasible and prudent 

alternative or that a floodplain site would enhance fish and wildlife habitat after mining 

operations are completed and the site is closed. 

Mine site development and rehabilitation within a floodplain shall follow the procedures 

outlined in McLean (1993), North Slope Gravel Pit Performance Guidelines, Alaska 

Department of Fish and Game (ADFG), Habitat and Restoration Division, Technical Report 

93-9. 

41. For those waterbodies not listed in Stipulation 39, permanent oil and gas facilities, 

including roads, airstrips, and pipelines, are prohibited upon or within 500 feet as measured 

from the highest high water mark of the active floodplain. Essential pipeline and road 

crossings will be permitted on a case-by-case basis. 

42. Bridges, rather than culverts, shall be used for any allowed road crossings on all major 

rivers, including those waterbodies listed in Stipulation 39 or identified by the AO in 

consultation with appropriate federal, state, and NSB regulatory and resource agencies, to 

reduce the potential of ice-jam flooding and erosion. When necessary on smaller streams, 

culverts shall be large enough to avoid restriction of fish passage or adversely affecting 

natural stream flow. 

43. The natural drainage pattern will be identified prior to and maintained during and after 

construction. All permanent structures constructed adjacent to a body of water, such as 

approved road and pipeline crossings, shall be sited and designed to limit erosion from 

flooding and wave action (e.g., through use of slope-protection measures). Cross-drainage 
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structures will be sited, maintained, and properly abandoned to prevent impoundments or 

alteration of local or areawide hydrology. Gravel structures shall be designed and sited to 

minimize the length that is perpendicular to sheet flow. 

44. Dewatering during construction shall be conducted using BMPs. A current list of BMPs will 

be available from the AO. Examples include the use of splash plates, dewatering points, 

natural filtration through vegetation, and dewatering during low-water period. 

45. No surface structures, except essential transportation crossings, are allowed within the Pik 

Dunes LUEA. 

46. Lessees shall minimize the impact of industrial development on key wetlands. Key wetlands 

are those wetlands that are important to fish, waterfowl, and shorebirds because of their 

high value or scarcity in the region. Lessees shall identify on a map or aerial photograph the 

largest surface area, including future expansion areas, within which a facility is to be sited 

or an activity is to occur. The AO will consult with federal, state, and NSB regulatory and 

resource agencies to identify key wetlands and work with lessees during the development of 

operating plans. To minimize impact, the lessee shall avoid siting facilities in the identified 

wetlands, unless no feasible and prudent alternative exists. Key wetland types include but 

are not limited to fish-bearing lakes and streams, riparian shrub, and the following classes 

described by Bergman et al. (1977): shallow and deep-Arctophila ponds, deep-open lakes, 

basin-complex wetlands, and coastal wetlands. 

47. Permanent oil and gas facilities are prohibited within 1 mile of known long-term cabins or 

long-term campsites, identified by the AO, except that pipelines and roads are allowed up to 

1⁄4 mile from such cabins or campsites. The AO’s decision will be informed by the 

consultation process described in Stipulation 61. 

48. Permanent roads (i.e., gravel, sand) connecting to a road system or docks outside the 

Planning Area are prohibited, and no exceptions may be granted. Permanent roads 

necessary to connect pads within independent, remote oil fields are allowed but they must 

be designed and constructed to create minimal environmental impacts. Roads connecting 

production sites between separate oil fields may be considered if road-connected operations 

are environmentally preferable to independent, consolidated operations that each include 

airstrip, housing, production, and support facilities. This exception will only be granted 

following consultations with appropriate federal, state, and NSB regulatory and resources 

agencies, and the appropriate level of National Environment Policy Act (NEPA) review. 

Ground Transportation: 

49. The following ground-traffic restrictions apply to permanent roads (as authorized in 

Stipulation 48 above) in the Special Caribou Stipulations Area: 

a. From May 20 through June 20: 

(1) Traffic speed will not exceed 15 miles per hour. 

(2) Traffic will be minimized (a reasonable target would be four convoy roundtrips per day between facilities). Nonessential operations requiring vehicles 

shall be suspended during this time period. 

b. From May 20 through August 1: 
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(1) Caribou movement will be monitored. 

(2) Based on this monitoring, traffic will cease when a crossing by 10 or more 

caribou appears to be imminent. 

c. From May 20 through August 20: 

(1) Convoying will be used to minimize the number of disturbances due to road 

traffic. 

(2) Personnel will be bussed between work sites and other facilities to minimize 

the number of vehicles on the road. 

50. Major stockpiling of equipment, materials, and supplies for oil and gas activities in the 

Special Caribou Stipulations Area shall occur prior to or after the period May 20 through 

June 20 to minimize road traffic during that period. 

51. Chasing wildlife with ground vehicles is prohibited. 

Air Traffic: 

(Note: The BLM’s authority to restrict air traffic is limited to those activities associated with use 

authorization on BLM-administered lands.) 

52. Use of aircraft larger than a Twin Otter for authorized activities in the Planning Area, 

including oil and gas activities, from May 20 through August 20 within the Teshekpuk Lake 

Caribou LUEA is prohibited, except in cases of emergency. 

53. Helicopter overflights for BLM-permitted activities shall be suspended in the Goose Molting 

LUEA from June 15 through August 20. 

54. Fixed-wing aircraft traffic takeoffs and landing for BLM-permitted activities in the Planning 

Area shall be limited to an average of one round-trip flight a day from May 20 through June 

20 at aircraft facilities in the Teshekpuk Lake Caribou Habitat LUEA. Within the Goose 

Molting LUEA, fixed-wing aircraft use for such activities shall be restricted from June 15 to 

August 20 to flight corridors and frequencies established by BLM in consultation with the 

appropriate federal, state, and NSB regulatory and resource agencies. 

55. Aircraft shall maintain an altitude of at least 1,000 feet above ground level (AGL) (except for 

takeoffs and landings) over caribou winter ranges from October 1 through May 15 and 2,000 

feet AGL over the Teshekpuk Lake Caribou Habitat LUEA from May 16 through July 31, 

unless doing so would endanger human life or violate safe flying practices. 

56. Aircraft shall maintain an altitude of at least 1,500 feet AGL when within 1⁄2 mile of cliffs 

identified as raptor nesting sites from April 15 through August 5, unless doing so would 

endanger human life or violate safe flying practices. Aircraft shall maintain an altitude of 

1,500 feet AGL when within 1⁄2 mile of known gyrfalcon nest sites from March 15 to April 15. 

Permittees shall obtain information from the BLM necessary to plan flight routes near 

gyrfalcon nests. 

57. Hazing of wildlife by aircraft is prohibited. 
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Oil Field Abandonment: 

58. Upon field abandonment or expiration of a lease or oil and gas-related permit, all facilities 

shall be removed and sites rehabilitated to the satisfaction of the AO, in consultation with 

appropriate federal, state, and NSB regulatory and resource agencies. The AO may 

determine that it is in the best interest of the public to retain some or all of the facilities. 

Lessees shall comply with all exploration and development bonding required by law and 

regulation (43 CFR § 3154.1 and 3134.1). No exceptions shall be granted to this provision. 

Subsistence: 

59. During exploration, development, and production, the lessee shall develop and implement a 

plan, approved by the AO in consultation with the Research and Monitoring Team and the 

Subsistence Advisory Panel, to monitor the effects of activities on subsistence. The lessee 

shall provide biannual reports to the BLM, the Research and Monitoring Team, and the 

Subsistence Advisory Panel. 

60. Lessees shall not unreasonably restrict access by subsistence users in oil field development 

areas. 

a. Lessees shall establish procedures for entrance to facilities, the use of roads, and 

firearms discharge. These procedures shall be developed in consultation with 

affected local communities, NSB, and the Subsistence Advisory Panel and be 

approved by the AO. In cases where the lessee and the Panel disagree, the AO will 

determine the appropriate procedure. 

b. Lessees shall develop and distribute information about how to conduct subsistence 

activities in development areas safely (so equipment is not damaged and people are 

not endangered) to the communities through public meetings, newsletters, radio, and 

signs in both English and Iñupiaq. 

61. Exploration and development and production operations shall be conducted in a manner 

that prevents unreasonable conflicts between the oil and gas industry and subsistence 

activities. 

Prior to submitting an exploration plan or development and production plan (including 

associated oil-spill contingency plans) to the BLM, the lessee shall consult with potentially 

affected subsistence communities (e.g., Barrow, Nuiqsut, Atqasuk, or Anaktuvuk Pass), 

NSB, and the Subsistence Advisory Panel to discuss potential conflicts with the siting, 

timing, and methods of proposed operations and safeguards or mitigating measures that 

could be implemented by the operator to prevent unreasonable conflicts. Through this 

consultation, the lessee shall make every reasonable effort, including such mechanisms as a 

conflict avoidance agreement, to ensure that exploration, development, and production 

activities are compatible with subsistence hunting, fishing, and other subsistence activities 

and will not result in unreasonable interference with subsistence harvests. 

A discussion of resolutions reached during this consultation process, specific conflict 

avoidance agreement(s), and plans for continued consultation shall be included in the permit 

application, exploration plan, or the development and production plan. In particular, the 

lessee shall show in the plan how its activities, in combination with other activities in the 

area, will be scheduled and located to prevent unreasonable conflicts with subsistence 
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activities. Lessees also shall include a discussion of multiple or simultaneous operations, 

such as exploration and delineation well drilling and seismic activities, that can be expected 

to occur during operations to more accurately assess the potential for any cumulative effects. 

Communities, individuals, and other entities who were involved in the consultation shall be 

identified in the application or plan. The AO shall send a copy of the exploration plan or 

development and production plan (including associated oil-spill-contingency plans) to the 

potentially affected communities, the NSB, and the Subsistence Advisory Panel at the time 

they are submitted to the BLM to allow concurrent review and comment as part of the plan 

approval process. 

In the event no agreement is reached between the parties, the AO shall consult with 

representatives from the subsistence communities, Subsistence Advisory Panel, NSB, and 

the lessee(s) to specifically address the conflict and attempt to resolve the issues before 

making a final determination on the adequacy of the measures taken to prevent 

unreasonable conflicts with subsistence harvests. 

The lessee shall notify the AO of all concerns expressed by subsistence users during 

operations and of steps taken to address such concerns. Lease-related use will be restricted, 

when the AO determines it is necessary to prevent unreasonable conflicts with local 

subsistence hunting, fishing, and other subsistence activities. 

In enforcing this stipulation, the AO will work with other agencies and the public to assure 

that potential conflicts are identified and efforts are taken to avoid these conflicts, e.g., 

planning seismic operations to avoid traditional land use sites and allotments. These efforts 

may include seasonal drilling restrictions, seismic restrictions, and directional drilling 

requirements or use of other technologies deemed appropriate by the AO. 

The consultation process described in this stipulation will also be required of applicants for 

geophysical (i.e., seismic) permits to address potential conflicts with the setback 

requirements for cabins and campsites described in Stipulation 23. This consultation will 

help provide information to the AO on the advisability of modifying or waiving the 

restriction on seismic activity identified in Stipulation 23. 

62. The following subsistence, wildlife habitat, and traditional/cultural land use areas are of 

significant concern to local communities and will be given special consideration during the 

consultation process outlined in Stipulation 61: 

a. Long-term cabins and campsites: a 2-mile zone around the cabins and campsites. 

b. Ikpikpuk River: a 2-mile zone from the east bank of the river. 

c. Miguakiak River: a 3-mile zone from each bank of the river. 

d. Fish Creek: 1) a 3-mile zone from each bank downstream from Sec. 31, T. 11 N., R. 

1 E., U.M.; 2) a 2-mile zone from each bank in and upstream from Sec. 31, T. 11 N., 

R. 1 E., U.M. 

e. Judy Creek: a 2-mile zone from each bank of the creek. 
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D-17

f. Kogosukruk River: a 2-mile zone from each bluff (or bank if there is no bluff) of the 

river (including the four tributaries off the southern bank) downstream from T. 2 N., 

R. 3 W., U.M. 

g. Kikiakrorak River: a 2-mile zone from each bluff (or bank if there is no bluff) of the 

river downstream from T. 2 N., R. 4 W., U.M. 

h. Colville River: a 2-mile zone from the west bluff (or bank if there is no bluff) 

extending the length of river in the Colville River Raptor, Passerine, and Moose 

LUEA. 

In addition, a permittee or lessee engaged in oil and gas-related activity shall consult with 

the BLM, USFWS, ADFG, and the NSB regarding wildlife concerns prior to submitting a 

geophysical (i.e., seismic) permit, exploration plan, or development and production plan 

involving activity within the 2-mile zones around the Kogosukruk (and its tributaries), 

Kikiakrorak, and Colville rivers described above. In the event that the permittee or lessee 

and the agencies are unable to reach agreement on steps necessary to address wildlife 

concerns, the AO will consult with the other agencies and the permittee or lessee before 

making a determination on the adequacy of the measures taken to prevent conflicts with 

wildlife. 

Orientation Program: 

63. The lessee shall include in any application for permit to drill a proposed orientation program 

for all personnel involved in exploration or development and production activities (including 

personnel of lessee’s agents, contractors, and subcontractors) for review and approval by the 

AO. The program shall be designed in sufficient detail to inform individuals working on the 

project of specific types of environmental, social, and cultural concerns that relate to the 

Planning Area. The program shall address the importance of not disturbing archaeological 

and biological resources and habitats, including endangered species, fisheries, bird colonies, 

and marine mammals and provide guidance on how to avoid disturbance. Guidance shall 

include the production and distribution of information cards on endangered and/or 

threatened species in the Planning Area. The program shall be designed to increase 

sensitivity and understanding of personnel to community values, customs, and lifestyles in 

areas in which personnel will be operating. The orientation program shall also include 

information concerning avoidance of conflicts with subsistence, commercial fishing 

activities, and pertinent mitigation. 

The program shall be attended at least once a year by all personnel involved in on-site 

exploration or development and production activities (including personnel of lessee’s agents, 

contractors, and subcontractors) and all supervisory and managerial personnel involved in 

lease activities of the lessee and its agents, contractors, and subcontractors. Individual 

training is transferable from one facility to another except for elements of the training 

specific to a particular site. 

Lessees shall maintain a record onsite of all personnel who attend the program for so long as 

the site is active, though not to exceed the five most recent years of operations. This record 

shall include the name and dates(s) of attendance of each attendee. 
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Traditional Land Use Sites:

64. Lessees shall conduct an inventory of known traditional land use sites prior to any field 

activity. This inventory will be compiled from sites listed in the most current Traditional 

Land Use Inventory available from the NSB’s Iñupiat History, Language, and Cultural 

Commission, and shall be approved by the AO. Based on this inventory, the lessee shall 

develop a plan to avoid these sites and mitigate any potential damage that could result from 

field activities. The plan shall indicate how access to the site by local subsistence users will 

be provided. Lessees shall submit copies of the plan to BLM and the Subsistence Advisory 

Panel with any application for permit to drill. 

Other Activities:

65. It is the responsibility of the authorized user to ensure that all individuals brought to the 

Planning Area under its auspices adhere to these stipulations. Authorized users of the 

Planning Area shall provide all employees, contractors, subcontractors, and clients with a 

briefing regarding stipulations applicable to the lease and/or permit. A copy of applicable 

stipulations will be posted in a conspicuous place in each work site and campsite. 

66. The authorized user shall protect all survey monuments and be responsible for survey costs 

if remonumentation is required as a result of the user’s actions. 

67. All activities shall be conducted to avoid or minimize disturbance to vegetation. 

68. The BLM, through the AO, reserves the right to impose closure of any area to operators in 

periods when fire danger or other dangers to natural resources are severe. 

69. The authorized user shall be financially responsible for any damage done by a wildfire 

caused by its operations. 

70. Construction camps are prohibited on frozen lakes and river ice. Siting of construction 

camps on river sand and gravel bars is allowed and, where feasible, encouraged. Where 

leveling of trailers or modules is required and the surface has a vegetative mat, leveling 

shall be accomplished through blocking rather than use of a bulldozer. 

71. Use of pesticides without the specific authority of the AO is prohibited. 

72. The feeding of wildlife by authorized users is prohibited. 

73. Hunting and trapping by lessee’s employees, agents, and contractors are prohibited when 

persons are on “work status.” Work status is defined as the period during which an 

individual is under the control and supervision of an employer. Work status is terminated 

when the individual’s shift ends and he/she returns to a public airport (e.g., Fairbanks, 

Barrow, Nuiqsut, or Deadhorse). Use of lessee facilities, equipment, or transport for 

personnel access or aid in hunting and trapping is prohibited. 

74. Lessees shall conduct a cultural and paleontological resources survey prior to any grounddisturbing activity. Upon finding any potential cultural or paleontological resource, the 

lessee or their designated representative shall notify the AO and suspend all operations in 

the immediate area of such discovery until written authorization to proceed is issued by the 

AO. 
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75. Petroleum exploration and production activities are prohibited within 1⁄2 mile of occupied 

grizzly bear dens, identified by the ADFG, unless alternative mitigation measures are 

approved by the AO in consultation with appropriate federal, state, and NSB regulatory and 

resource agencies. 

76. Oil and gas lessees and their contractors and subcontractors will prepare and implement 

bear-interaction plans to minimize conflicts between bears and humans. These plans shall 

include measures to: (a) minimize attraction of bears to the drill sites; (b) organize layout of 

buildings and work areas to minimize human/bear interactions; (c) warn personnel of bears 

near or on drill sites and identify proper procedures to be followed; (d) if authorized, deter 

bears from the drill site; (e) provide contingencies in the event bears do not leave the site or 

cannot be deterred by authorized personnel; (f) discuss proper storage and disposal of 

materials that may be toxic to bears; and (g) provide a systematic record of bears on the site 

and in the immediate area. The lessees shall develop educational programs and camp layout 

and management plans as they prepare their lease operations plans. These plans shall be 

developed in consultation with appropriate federal, state, and NSB regulatory and resource 

agencies and submitted to the AO. 

77. Operators are encouraged to apply for a letter of authorization from the USFWS to conduct 

activities in polar bear denning areas. 

78. Permanent structures, other than oil and gas facilities, are prohibited within 100 feet of the 

highest high water mark of the nearest body of water. 

79. Lessees shall use smokeless flares for handling routine conditions and use auxiliary 

smokeless flares for planned events that exceed the capacity of routine flares. Lessees shall 

use flares that meet the federal New Source Performance design standards listed in 40 CFR 

§ 60.18. 
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