Subsequent operations must follow 43 CFR part 3160, applicable lease stipulations, and APD Conditions of Approval. The operator must file the Sundry Notice in the BLM Field Office having jurisdiction over the lands described in the notice or the operator may file it using the BLM's electronic commerce system.

(a) Surface disturbing operations. (1) Lessees and operators must submit for BLM or FS approval a request on Form 3160-5 before:

(i) Undertaking any subsequent new construction outside the approved area of operations; or

(ii) Reconstructing or altering existing facilities including, but not limited to, roads, emergency pits, firewalls, flowlines, or other production facilities on any lease that will result in additional surface disturbance.

(2) If, at the time the original APD was filed, the lessee or operator elected to defer submitting information under § 3171.8(e)(4)(iii), the lessee or operator must supply this information before construction and installation of the facilities. The BLM, in consultation with any other involved surface managing agency, may require a field inspection before approving the proposal. The lessee or operator may not begin construction until the BLM approves the proposed plan in writing.

(3) The operator must certify on Form 3160-5 that they have made a good faith effort to provide a copy of any proposal involving new surface disturbance to the private surface owner in the case of split estate.

(b) Emergency repairs. Lessees or operators may undertake emergency repairs without prior approval if they promptly notify the BLM. Lessees or operators must submit sufficient information to the BLM or the FS to permit a proper evaluation of any:

(1) Resulting surface disturbing activities; or

(2) Planned accommodations necessary to mitigate potential adverse environmental effects.