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36 C.F.R. §§ 9.111–9.116

6 sections in range

§9.111. What general facility design and management standards must I meet?

36 C.F.R. § 9.111

(a)
You must not conduct operations within 500 feet of surface water, including an intermittent or ephemeral watercourse, or wetland; within 500 feet of the mean high tide line; or within 500 feet of any structure or facility used by the NPS for interpretation, public recreation, or administration. The Superintendent may increase or decrease this distance consistent with the need to protect federally owned or administered lands, water, or resources of System units, visitor uses or experiences, or visitor or employee health and safety while ensuring that you have reasonable access to your non-Federal oil and gas rights. Measurements for purposes are by horizontal distance.
(b)
You must design, construct, operate, and maintain access to your operational site to cause the minimum amount of surface disturbance needed to safely conduct operations and to avoid areas the NPS has indicated to you as sensitive resources.
(c)
You must install and maintain secondary containment materials and structures for all equipment and facilities using or storing contaminating substances. The containment system must be sufficiently impervious to prevent discharge and must have sufficient storage capacity to contain, at a minimum, the largest potential spill incident.
(d)
You must keep temporarily stored waste in the smallest feasible area, and confine in a manner appropriate to prevent escape as a result of percolation, rain, high water, or other causes. You must regularly remove waste from the System unit and dispose of it in a lawful manner. Nothing in this subpart affects the application of the regulations found at 36 CFR part 6.
(e)
You must use engines that adhere to applicable Federal and State emission standards.
(f)
You must construct, maintain, and use roads to minimize fugitive dust.
(g)
You must use equipment and practices that minimize releases of air pollutants and hydrocarbons, and flaring of gas.
(h)
You must conduct operation in a manner that does not create an unsafe environment for fish and wildlife by avoiding or minimizing exposure to physical and chemical hazards.
(i)
You must conduct operations in a manner that avoids or minimizes impacts to sensitive wildlife, including timing and location of operations.
(j)
You must control the invasion of exotic plant and animal species in your area of operations from the beginning through final reclamation.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; 54 U.S.C. 100101, 100751, and 103104.

Source

Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.

§9.112. What hydrologic standards must I meet?

36 C.F.R. § 9.112

(a)
You must maintain hydrologic connectivity between surface water and groundwater during all operations.
(b)
You must not cause measurable degradation of surface water or groundwater.
(c)
You must conduct operations in a manner that maintains natural channel and floodplain processes and functions.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; 54 U.S.C. 100101, 100751, and 103104.

Source

Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.

§9.113. What safety standards must I meet?

36 C.F.R. § 9.113

(a)
You must maintain your area of operations in a manner that avoids or minimizes the cause or spread of fires and does not intensify fires originating outside your operations area.
(b)
You must maintain site security, structures, facilities, improvements, and equipment in a safe and professional manner in order to provide a safe environment for park resources, park visitors, and NPS employees, free from exposure to physical and chemical hazards.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; 54 U.S.C. 100101, 100751, and 103104.

Source

Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.

§9.114. What lighting and visual standards must I meet?

36 C.F.R. § 9.114

(a)
You must design, shield, and focus lighting to minimize the effects of spill light on the night sky or adjacent areas.
(b)
You must reduce visual contrast in the landscape by selecting the area of operations, avoiding unnecessary disturbance, choosing appropriate colors for permanent facilities, and other means.
(c)
You must use road and pad materials similar in composition to soils in surrounding profiles whenever feasible.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; 54 U.S.C. 100101, 100751, and 103104.

Source

Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.

§9.115. What noise reduction standards must I meet?

36 C.F.R. § 9.115

You must prevent or minimize all noise that:
(a)
Adversely affects the natural soundscape or other park resources or values, taking into account frequency, magnitude, or duration; or
(b)
Exceeds levels that have been identified through monitoring as being acceptable to or appropriate for visitor uses at the sites being monitored.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; 54 U.S.C. 100101, 100751, and 103104.

Source

Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.

§9.116. What reclamation and protection standards must I meet?

36 C.F.R. § 9.116

(a)
You must promptly clean up and remove any released contaminating substances and provide documentation to the Superintendent that the substances were disposed of in accordance with all applicable Federal, State, and local laws.
(b)
You must perform partial reclamation of areas no longer necessary to conduct operations. You must begin final reclamation as soon as possible but no later than 6 months after you complete your permitted operations unless the Regional Director authorizes a longer period in writing.
(c)
You must protect all survey monuments, witness corners, reference monuments, and bearing trees against destruction, obliteration, or damage from operations. You are responsible for reestablishing, restoring, and referencing any monuments, corners, and bearing trees that are destroyed, obliterated, or damaged by your operations.
(d)
You must complete reclamation by:
(1)
Plugging all wells;
(2)
Removing all above-ground structures, equipment, and roads and all other man-made material and debris resulting from operations;
(3)
Removing or neutralizing any contaminating substances;
(4)
Reestablishing native vegetative communities, or providing for conditions where ecological processes typical of the ecological zone (e.g., plant or wildlife succession) will reestablish themselves;
(5)
Grading to reasonably conform the contours to preexisting elevations that are most appropriate to maximizing ecologic functional value;
(6)
Restoring conditions to pre-disturbance hydrologic movement and functionality;
(7)
Restoring natural systems using native soil material that is similar in character to the adjacent undisturbed soil profiles;
(8)
Ensuring that reclaimed areas do not interfere with visitor use or with administration of the unit;
(9)
Meeting conditions compatible with the management objectives of the park; and
(10)
Ensuring proper and equitable apportionment of reclamation responsibilities by coordinating with us or with other operators who may be using a portion of your area of operations.
Notes, amendments, and revision history

Authority

Authority: 16 U.S.C. 230a(a)(4), 459d-3, 460cc-2(i), 460ee(c)(4), 698c(b)(2), 698i(b)(2), and 698m-4; 18 U.S.C. 3571 and 3581; 31 U.S.C. 9701; 54 U.S.C. 100101, 100751, and 103104.

Source

Source: 81 FR 77992, Nov. 4, 2016, unless otherwise noted.