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HomeMy WebLinkAbout1.0 ApplicationO ,,ffi-:::,ff17!,^u GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970.945.8212 Facsimile: 970.945.7785 Submittal Date:October 19 1 998 Base Fee: $250" Rock Mountain Natural Gas Com Address of Applicant: P.O. Box 281304 Lakewood, Co 80228 leleohone: 303-989-1740 Special Use Being Requested: Plpeline Interconnect Zone District:Size of Properfy:480 acres Application Requirements: Thesc iterns must be submitted with the application 1] Plans and specificauors for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, week.ly and./or montlrly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. 2l If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatrnent. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allounent contract or ill approved water augmentation plan. 3] A rnap drawn to scale portraying your property, all structures on the properly, and the County or State roadways witim one ( I ) mile of your properry. If you are proposing a new or expanded access onto a Count-v or State roadwav, submrt a driveway or highway access permit. 4) A vicinitv map, showing slope of your property, for which a U.S.G.S. l:24,000 scale quadrangle map will suffice. 5l A *py of the appropriate portion of a Garfield County Assessor's Map showing all public and pnvate landowners adjacent to your properry. lnclude a list of all properr,v owners and their addresses. 6] Auach a rcpy of the deed and a le'gal description of the property. If you are acting as an agent for the property owner, you must at[ach an acknowledgment from the properEy owner that you may act in his/her behalf. 7l You must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs I thru 3, detailing the impact of your proposed, conditional use. The consideration of this proposed Conditional Use will require at least one (l) public meetrng, for r.vhich public notice may not be required. However, in the discretion of the Board of County Commissioners, tlre consideration of this proposed Conditional Use may require at least one (l) public hearing, for whrch public notice must be provided. The Planning Departrnent will mail you information concerning the public meeting hearing(s), approximately 30 days pnor to the scheduled hearing. You will then be required to notify, by certified return receipt mail, all adjacent landowners and publish the notice provided by the Planmng Departrnent. in a newspaper of general circulation. Both these notices must be mailed/published at least l5 days prior to the public heanng. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submiued at the time of the public hearing. The information contained rvithin this app on is complete and correct, to the best of my knowledge: /Applicant:- 3695 Valley View Glenwood Springs, 910-928-0938 Road c0 8160I Date:October l9 19 9B i.0 / 2L/ 98 09 : 32 FAX 970 252 9r4l TRANSCSLQRADo PIPELINE--T- o @ooz t TAKE NOTICE that RocJcy Mountain Natural Gas Co.. has applied to the Pg*d of County Commissioners, Garfield Clunty, State of Colora.do, for a speoial use permit in connection with the following described property sihrated in the County of Garfiel4 State of Colorado; to-wit: € q^A Legat Description: A Tract of land locared in the fq(tl+fu, SEI/4 ry of Section 3 I' Toirnship 7 louth. Range 97 west ofthe 6.h PM, Crarfietd County and the State of Colorado. Practical Desonptron: 3.? miles north of De Beque on the south sidc of Logan wash. east of County Road 204. Said Special Use permir witl allow the placement of an t" interconneot pipeline between two existing naturd gas PiPelines. Al[ persons affected by the proposed special use permit are_invited to apPear and state their views, endorsements or objectionr. lfyou."*ot appear personally A such mectilg, then you are urge! to srate your views ty letter, "rihu Board of County Commissioncrs will give consideration to the comments of surrounding property owners and others affeoted in decidrng whether to grant or deny the request for the;p;"i;l use permit" Ttris special use pernrit application may be reviewed at the office of the Plaruring Department located "i tOg 8th Street, Suite 303, Cvarfield County Courthousq Glenwood SptingS, Colorado. between the hours of 8:30 a'm- and 5:00 p'm'' Monday through Friday. That public hearing on the application for the above special use permit t4lest will be heand by the Board of County Comrnissioners at rhe hearing oot fo. the fttr day of November' 1998, at the hour of 4: l5 p.m.. at lhe County Commission"r. Chu*bers, Garfield County Courthousg Suite 301. 109 8th Street. Glenwood Springs' Golorado' Planning Department GarEeld Counry g.-t=rrtrrf,J17 Et l3r2-s VQT:Qat s!6-T7.-1c(f Form 2800-L4 (August 1985) Issuing Office Grand Junction Resource Area UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT SERIAL NUMBER COC-62362 1.A right-of-way is hereby granLed pursuant to Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185). 2. NaEure of Interest: a.By this instrument, the holder: Rocky Mountain Natural Gas Co. P.O. Box 281304 Lakewood, Colorado 80228 receives a righC to construct, operate, maintain, and terminate a natural gas pipeline on public lands described as follows: Ute Principal Meridian T.7 S., R.97 W.: Section 31: NW/rSE%, Garfield County, Colorado. b.The right-of-way or permiE area granted here is 700 feet long, 35 feet wide and contains 0.562 acres, more or less. c.This instrument shall terminate on br" z 2.8 upon 3o years from its effective darLe unless, prior thereto, i is relinquished, terms and conditionsabandoned, Lerminated, or modified pursuant to the of this insLrumenL or of any applicable Federal 1aw d.This insLrument may be renewed- If renewed, the shatl be subjecL to t-he regulations existing at Lhe any other Lerms aud conditions that the authorized necessary to protect. the public interest. e.NotwiLhstanding Lhe expiration of this instrument or any renewal thereof, early relinquishment, abandorunent, or termination, the provisions of this instrument, to Lhe extenE applicable, sha11 continue in effect and shall be binding on Lhe holder, its successors, or assigns, until Lhey have fu1ly satisfied the obligations and/or liabilities accruing herein befoie or on account of the expiraLion, or prior termination, of Lhe grant. 3 . Rent.al: For and in consideraLion of the rights granted, the holder agrees to pay the Bureau of Larrd, Management fair market value rental- as determined ty- the aut.horizecl officer unless specifically exempted from such paYment bir regulation. provided, however, thaL the renLal may be adjust,ed by the .i,thoiir"d officer, whenever necessary, Eo reflect changes in Lhe fair or regulation. right-of-way or Permittime of renewal and officer deems coc-62362p.2 market rental value as determined by the applicaLion of sound business management principles, and so far as practicabl-e and feasible, in accordance with comparable commercial pracEices. Terms and Condit,ions: a.This grant or permit is issued subject. to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations parL 2800. b.Upon grant terminat.ion by the authorized officer, all improvements stra11 be removed, from the public lands within 90 days, or otherwise disposed of as provided in paragraph (4) (d) or as directed by the authorized officer. c.Each grant issued for a term of 20 years or more shaIl, at a minimum, be reviewed by the aut.horized officer at the end of the 20th year and at regular intervals t.hereafter not Lo exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. d.The map and stipulations seL fort,h in Exhibits A and B attached hereEo are incorporaLed into and made a part of this grant instrument as fu11y and effectively as if t.hey were set forth herein in their entirety. e.Failure of the holder to comply with applicable 1aw or any provision of tshis right-of-way grant or permit shaI1 constituLe grounds for suspension or Lermination thereof . f.The holder sha11 perform all operations in a good and workmanlike manner so as Lo ensure protection of ttre enwironment and the health and safeLy of the public. IN WITNESS WHEREOF, right-of-way grant The undersigned agrees to the Lerms and conditions of this or permit. Signat Holder {v?W:>6z a:rt('\tu€- r-c'ic - VX o' r";t {orrro,. il'A ru EALhA 1G (Date ) l0 - zz -1E t0 _?,7 _ 14 Officer TiLle zs, rrtli,hii A Qi':B tr$*..L6h l:l V-t'\ -r! \ .t\-i .\\ tr, 4t?25 coc- bzTbL ik Pi"!,;&R/^t +l ?r^*:, 7oO' 15' Sn* ', 0,5Aq ?@ uoeatrin: *.3 ur.Jli sEt/{ T. 'l 9. , R ,ql h,l' bh en z ti''J )ft-.'\l o\\r4lln itt o62c.ll. 39'22'.30.12' I r.tLf :L I fl?t\.-$y1n.11 7', . @.m.rc-tTr lO8. 15'oE aEOUE i.7 rr. \ ROAO CLASSIFICATION Lightduty road. all weather. Unrmpoved rord' lair or dry improved surtace- - wtlthtr-- -- a- .J":g- %"9 saF-{d , ril r 1r{n Dntf\IT -Ol O \ 1. 2. EXHIBIT B coc-62362 P. 1of 3 STIPULATIONS The holder shall request a joint pre-construction inspection with the authorized officer at least 1 week prior to the commencement of any surface disturbing activities authorized under this grant. The proposed pipeline route shall be clearly flagged/staked prior to the inspection. The contact person is Tom Bargsten at the Grand Junction Resource Area office, phone (970) 244-3030. The holder shall obtain an agreement to construct from existing rights-of-way holders and pipeline operators prior to any disturbance or construction ofpipeline across or adjacent to any existing right-of-way or approved pipeline. The area is in a Critical Deer and Elk Winter Range, and is closed to construction activity from December 1 through May 1. Exceptions may be made at the discretion of the Area Manager after consultation with the wildlife biologist. When saturated soil contlitions exist on or along the right-of-way, construction shall be halted until soil material dries out suffrciently for construction to proceed without undue damage and erosion to the right-of-way. At least 4 inches of topsoil shall be stripped across the full width of the R/W and stockpiled separate from spoil material (on one side or the other of the trench/working side). Topsoil shall only bc uscd for reclamation and shall not be used to bed or pad the pipe during backfrlling. AII surface disturbance shall be limited to the minimum necessary to complete pipeline. All construction activities and surface disturbance for the pipeline shall take place within the 35 foot width of the right-of-way. The exterior limits of the right-of-way shall be flagged on the ground as necessary to prevent disturbance outside of the approved right-of-way width. AII construction adjacent to a road shall utilize the width of the road as working side of the 35 foot construction width. The pipeline, where adjacent to the access road shall be buried just outside the borrow ditch on the north side of the Logan Wash road. Open trenches shall be maintained in a safe condition. As necessary to maintain safety, trenches adjacent to roads shall have warning devices or flagging installed upon completion of daily construction or at anytime personnel are not present at the construction site. Drainages shall not be blocked or frlled with loose dirt or debris' The pipeline shall be buried a minimum depth of 48 inches at road crossings and 36 inches through typical soil and rock, and a minimum of 24 inches in areas requiring rock blasting. These are minimum depths and the holder is responsible to bury the pipe to a depth which can safely accommodate existing uses. Pipeline warning sigus shall be installed along the right-of-way within frve days of construction completion and prior to use of the pipeline for transportation of product. Pipeline warning signs are required at all road crossings. For safety purposes each sign shall be permanently marked with the right-of-way serial number and shall clearly identify 3. 4. 5. 6. 7. 8. 9. 10. 11. L2. nt-/ 13. L4. coc-62362 P.2 of 3 the under ground location, owner and purpose (product) of the pipeline. The holder shall be responsible for maintaining roads in good condition from the beginning to completion of operations, as we well as periodic maintenance over the life of the right-of-way. This may include, but is not limited to blading the driving surface, cleaning dilches and drainage facilities, dust abatement, or other requirements as directed by the authorized officer. Trash shall be confined in a covered container while the project is in progress. Upon completion, all trash, flagging, laths, etc. shall be removed and hauled to an authorized disposal site. No burning of trash, trees, brush or any other material shall be allowed. All surface facilities shall be painted a non-reflective tan or dark green color that blends with the natural environment. The Grand Junction Resource Area Manager shall be notified at least 24 hours prior to commencing reclamation work. Applicant/Lessee shall comply with all County resolutions and regulations and permit requirements. All disturbed areas that are not part of the road shall be recontoured to blend with the adjacent natural terrain. Blending is defined as reducing form, line, and color contrast associated with the surface disturbance so that the project area will fit into the natural landscape as much as possible. Ttre disturbed areas shall be seeded with the following mixture. Application rates are for pure, live seed (PLS). Seed tags must be submitted to the Area Manager within 30 days of seeding. 15. 16. L7. 18. Species Luna Pubescent wheatgrass Paloma Indian ricegrass Shadscale Rincon fourwing saltbush Application Rate lbs./Acre PLS 3.0 2.5 1.0 1.0 Total 7 .5 lbs. PLS/acre Prepare seedbedby contour cultivatingfourto six inches deep. Drill seedVz to l inch deep foUowing the contour. In areas that cannot be drilled, broadcast seed at 1.5 times the application rate and cover Vz to 1 inch deep with a harrow or drag bar. Seeding must be completed after September 1 and prior to October 15 of 1998. The area is considered to be satisfactorily reclaimed when: A. SoiI erosion resulting from the operation has been stabilized. B. A vegetative cover at least equal to that present prior to disturbance and a plant species composition at least as desirable as that present prior to disturbance has been established. Establishment of all the species in the seed formula will be considered as meeting the composition/ desirable species criteria. Additional work will be required until these conditions are satisfied. o o 19. coc-62362 p.3 of 3 Thirty days prior to termination of the right-of-way, the holder shall contact the authorized officer to arrange a joint inspection of the right-of-way. This inspection shall be held to discuss reclamation, requirernents. The holder shall leave underground facilities in place, remove all above grorrr,l facilities, and recontour and seed as per surface conditions of approval cited in stipulation number 1 and 20 above. STANDARD STIPULATIONS Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by the holder, or any person working on his behalf, on prrblic or Federal land shall be immediately reported to the authorized oIlicer. Holder shall suspend all operations in the immediate .i"^ of such discovery until written authorization to proceed is issued by the authorizecl offrcer. An evaluation of the discovery will be made by the authorized officer to determine appropriate actions to prevent the loss of significant cultural or scientific values. The holder will be responsible for the cost of evaluation and any decision as to proper mitigation measures will be made by the authorized offrcer after consulting with the holder. Pursuant to 43 CFR f0.4(S) the holder of this authorization must notify the authorized officer, by telephone, with written confirmation, immediately upon the discovery of human remains, furr.iu.y iterns, sacred objects, or objects of cultural patrimony., Further, pursuant to 43 CFR 10.4(c) and (d), you must stop activities in the vicinity of the discovery and protect it for 30 days or until notified to proceed by the authorized officer. The holder shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the holder shall comply with the Toxic Substances Control Ac[ of 1976, as atnended (15 U.S.C. 2601 et seq') with regard to any toxic substances that are used, generatecl by or stored on the right-of-way or on facilities authorized under this right-of-way grant (see 40 CFR, Paft 702-799 and especially, provisions on polyctrlorinated biphenyls, 40 CFR 761.1-761.193). AdditionallY, anY release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part 117 shall be reported as required by the Comprehensive Environmental Response, Compensation and iiuUitity Act of 1980, Section 102b. A copy of any report required or requested by any Fecleral agency or State government as a result ofa reportable release or spiil of arry io*i" substances shall be furnished to the authorized officer concurrent with the frling of the reports to the involved Federal agency or State government. Use of pesticides shall comply with the applicable Federal and State laws. Pesticides shall be used only in accordance wilh their registered uses and within limitations mposed by the Secretary of the Interior. Prior to the use of pesticides, the holder shall obtain from the authorizld officer written approval of a plan showing the type and quantity of material to be used, the pest(s) to be controlled, method of application, location of storage and disposal of containers, and any other information deemed necesary by the authorized officer. Emergency use of pesticides shall be approved in writing by the authorized officer prior to such use. The holder shall comply with applicable State standards for public health and safety, environmental proteclion and Jifirrg, construction, operation and maintenance, if these State standards are more stringent than Federal standards for similar projects. 1. 2. 3. 4. 5. FORM 2800-l-4 (August 1985)Grand UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT TBMPOBARY USE PERMIT SER]AL NUMBER COC_62454 ISSUfNG OFFICE Junction Resource Area 1I. 2. A temporary use permit is hereby granted pursuant to section 28 of the uineril Lelsing Act of L920, as amended (30 u.s.c. 185) ' Nature of Interest: a.By Lhis instrumenL, the holder: Rocky Mountain Natural Gas Co. P.O. Box 281304 Lakewood, Colorado 80228 receives a right to Lemporarily use t.he lands in b., below, and as shown in Exhibit A, to construct a naLural gas pipeline and associated meters or gauges on public lands described as follows: Ute Principal Meridian T.7 S., R.97 W.: Section 31: NW%SE%, Garfield CountY, Colorado. b.The right-of-way or permit areas granted her:e are as follows: 1) 700 feet 1ong, 15 feel widL. 21 75'1ong, 15'wide- 3) 75' 1ong, l-5'wide; and containing a total of 0-301- acres, more or less' c.This insLrumenr sha11 terminate "n Attlbef)brlfltl? . ,_ 1 year from itsb?jrh)1 effect.ive date unless, prior thereto,-it-is rEfinquished, abandoned, terminated, or moclifi"d-pr."r.nt to the terms and conditions of this instrument or of ..ry .pplicable Federal 1aw or regulation. 3. d.NotwiEhstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonmenL, or termination, the provisions of this inst.rument, to the exLent applicable, shal1 continue in effect and shall be binding on the holder, its successors, or assigns, until Lhey have fu11y satisfied the obligations. and/or liabilities accruing terein before or on accounL of Ehe expiration, or prior termination, of the granL. Rental: For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized officer unless specifically exempt.ed from such paYment by iegulation. provide<1, however, that the rental may be adjusted, by the aulhorized officer, whenever necessary, to reflect changes in the fair markeE rental value as deLermined by Lhe applicaLion of sound business *.rr.g.*"rrE, principles, and so far ai practicabLe and feasible, in accoida.r.e with comparable commercial practi-ces ' Terms and Conditions: a.This permit is issued subject to Lhe holder's compliance with all applicatle regulaEiorrs containea in Title 43 Code of Federal Regulations parts 2800 and/or 2880. 4. l}t" TUP coc-62454p.2 b.Upon t.ermination of this permit. by the auEhorized officer, all impiovements shall be removed from Ehe Federal lands within 90 days, ogirerwise disposed of as provided in paragraph (4) (d) or as directed the auEhorized officer. c.The map and stsipulations set forLh in Exhibit.(s) A and B aEtached hereto aie incorplrated into and made a part of this permit as fulIy and "ii""ti""ly as ii Cfrey were set forth herein in their entirety. d.Failure of the holder to comply with applicable law or any provision of itris right-of-way Si""t ot p"tiiL shall const.ituge grounds for suspension or termination thereof . e.The holder shall perform all operations in a good and workmanlike manner so as Eo ensirre protecEion of t.he environment and the health and safeEy of the public. (b -72 1/8_rc-y1 lq{I',(EffecLivf oate of Grant) or by IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of t'his right-of-way grant. or PermiE. f,Rtr.,l (DaEe) Officer dz- nl/ E(lirh;i A coc' 6z7bL \\\ \.a\' i I fiiLil rtr4(' . fu<- d/tu4 !t- u"di 4 ltpiltao,4.,% ROAO CI,ASSIFICATION Ughtduty road. all weather. Unrmpmved road' lair or dry im-proved sur{ace- - weather-----'""""I \ @m-<-G-.- oE aEouE i' 7 x' \ -\ . nEwr.^rv .-.Po\e ojb Lerd\: 15 t w,fil'. tg' CJM', O,Ab ac,, dt\t-^, i L."+.th ,, -lo0 / il,th ,, tg I Ay'la,', O,2'{l *', 'Td); o.3ol k, ucatrin3 Ac.3J ^JhJlq SEt/rt T. -l 9., R,g'l h/' uh en 39'22',30' 108'15' to^ .;":g- go"g .\lr --'- /)-v./ -- 1 y',...,N L( , ^') ,/''ft 2 : \...-lr-*(r yEl-,-:.f-. i-i- [iltl LONG POINT. COLO. ( -:?., :\, l-il o-=--- F:. - "?/ iffit' S$F73rfr--=_-.^/ \ --'- \."., \ll:>,,-7.. I.j ro r\\ i \'z' r\\tiirffi #' '.-z i: I !1, ; , - ta-'j r, ? I rl i.. ./ -.r \ \; , -I\. I ",'=' 4.1'lt \: \-z'25 ) cnQu| t- / :. T.8s. 1 xruf, :ET 1. 2. 3. 4. 8. 9. 5. 6. 7. EXHIBIT B coc-62454 P. l of 3 STIPULATIONS The holder shall request a joint pre-construction inspection with the authorized officer at least 1 week prior to thc commencement of any surface disturbing activities authorized under this grant. The proposed pipeline route shall be clearly flagged./staked prior to the inspection. The contact person is Tom Bargsten at the Grand Junction Resource Area office, phone (970) 244-3030. The holder shall obtain an agreement to construct from existing rights-of-way holders and pipeline operators prior to any disturbance or construction ofpipeline across or adjacent to any existing right-ofl-way or approved pipeline. The area is in a Critical Deer and Elk Winter Range, and is closed to construction activity from December 1 through May 1. Exceptions may be made at the discretion of the Area Manager after consultation with the wildlife biologist. When saturated soil conditions exist on or along the right-of-way, construction shall be halted until soil material dries out sufficiently for construction to proceed without undue damage and erosion to the right-of-way. At least 4 inches of topsoil shall be stripped across the full width of the R/W and stockpiled separate from spoil rnatcrial (on one side or the other of the trench/working side). Topsoil shall only be used for reclamation and shall not be used to bed or pad the pipe during backfilling. All surface disturbance shall be limited to the minimum necessary to complete pipeline. All construction activities and surface disturbance for the pipeline shall take place within the 35 foot width of the right-of-way. The exterior limits of the right-of-way shall be flagged on the ground as necessary to prevent disturbance outside of the approved right-of-way width. All construction adjacent to a road shall utilize the width of the road as working side of the 35 foot construction width. The pipeline, where adjacent to the access road shall be buried just outside the borrow clitch on the north side of the Logan Wash road' Open trenches shall be rnaintained in a safe condition. As necessary to maintain safety, trenches adjacent to roads shall have warning devices or flagging installed upon completion of daily construction or at anytime personnel are not present at the construction site. Drainages shall not be blocked or frlled with loose dirt or debris. The pipeline shall be buried a minimum depth of 48 inches at road crossings and 36 inches through typical soil and rock, and a minimum of 24 inches in areas requiring rock blasting. These are minimum depLhs and the holder is responsible to bury the pipe to a depth which can safely accommodate existing uses. Pipeline warning signs shall be installed along the right-of-way within five days of construction completion and prior to use of the pipeline for transportation of product. Pipeline warning signs are required at all road crossings. For safety purposes each sign shall be permanently marked with the right-of-way serial number and shall clearly identify 10. 11. L2. 13. 14. coc-62454 P.2 of 3 the under ground location, owner and purpose (product) of the pipeline. The holder shall be responsible for maintaining roads in good condition from the beginning to completion of operations, as we well as periodic maintenance over the life of the right-of-way. This rnay include, but is not limited to blading the driving surface, cleaning ditches and drainagc facilities, dust abatement, or other requirements as directed by the authorized officer. Trash shall be confured in a covered container while the project is in progress. Upon completion, all trash, flagging, laths, etc. shall be removed and hauled to an authorized disposal site. No burning of trash, trees, brush or any other material shall be allowed' All surface facilities shall be painted a non-reflective tan or dark green color that blends with the natural environrnent. The Grand Junction Resource Area Manager shall be notifred at least 24 hours prior to commencing reclamation work. Applicant/Lessee shall comply with all County resolutions and regulations and permit requirements. All disturbed areas that are not part of the road shall be recontoured to blend with the adjacent natural terrain. Blending is defined as reducing form, line, and color contrast associated with the surface disturbance so that the project area will fit into the natural landscape as much as possible. The disturbed areas shall be seeded with the following mixture. Application rates are for pure, live seed (PLS). Seed tags rnust be submitted to the Area Manager within 30 days of seeding. 15. 16. 17. 18. Species Luna Pubescent wheatgrass Paloma Indian ricegrass Shadscale Rincon fourwing saltbush Application Rate lbs./Acre PLS 3.0 2.5 1.0 1.0Total 7 .5 lbs. PLS/acre Prepare seedbed by contour cultivating four to six inches deep. Drill seedYz to f. inch deep following the contour. In arcas that cannot be drilled, broadcast seed at 1.5 times the application rate and cover Yz to 1 inch dcep with a harrow or drag bar. Seeding must be completed after September 1 and prior to October 15 of 1998. The area is considered to be satisfactorily reclaimed when: A. Soil erosion resulting from the operation has been stabilized. B. A vegetative covcr at least equal to that present prior to disturbance and a plant species composition at least as desirable as that present prior to disturbance has been established. Establishment of all the species in the seed formula will be considered as mceting the composition/ desirable species criteria. Additional work will be required until these conditions are satisfied. 1. coc-62454 p.3 of 3 Thirty days prior to termination of the right-of-way, the holder shall contact the authorized officer to arrange a joint inspection of the right-of-way. This inspection shall be held to discuss reclamationlrequirements. The holder shall leave underground facilities in place, remove all above gto.r.r,i facilities, and recontour and seed as per surface conditions of approval cited in stipulation number 1 and 20 above. STANDARD STIPULATIONS Any cultural and/or paleoutological resource (historic or prehistoric site or object) discovered by the holder, or any person working on his beha]l on p-ublic or Federal lancl shall be immldiately reported to the authorized officer. Holder shall suspend all operations in the inmediate ur"u of such discovery until written authorization to proceed is issued by the authorizetl officer. An evaluation of the discovery will be made by the authorized officer to tleterrnine appropriate actions to prevent the loss of significant cultural or scientifrc values. The [older *iU f" responsible for the cost of evaluation and any decision as to proper mitigation measures will be made by the authorized officer after consulting with the holder. pursuant to 43 CFR fO.4(e) the holder of this authorization must notify the authorized officer, by telephone, lvith written confirmation, immediately upon the discovery of human remains, furr"iury itetus, sacred objects, or objects of cultural patrimony' Further, pursuant to 48 CFR 10.4(c) an<l (d), you must stop activities in the vicinity of the discovery and protect it for 30 days or until notifred to proceed by the authorized officer. The holder shall comply with all applicable Federal laws and regulations gxistilS or hereafter enacted or promulgatca. m any event, the holder shall comply with the Toxic Substances Control Aci of 1976, as aurended (15 U.S.C. 2601 et seq.) with regard to any toxic substances that are used, generatecl by or stored. on the right-of-way or on facilities authorized under this right-of-way grant (see 40 CFR, Part 702'799 and especially, provisions on- polychlorinated blphenyls, 40 CFR 761.1-761.193). AdditionallY, anY release of toxic sobstarrces (leaks, spil[, eLc.) in excess of the reportable quantity established by 40 CFR, part 11T shall be repgrted as required by the Comprehensive Environmental Response, Compensation and iiot itity Act of 1980, Section 102b. A copy of any report required or requisted by any Fecleral ug"rr.y or State government as a result of a reportable release or ,piU of arry io*i. substances shall be furnished to the authorized officer concurrent with the fi1ing of the reports to the involved Federal agency or State government. Use of pesticides shall comply with the applicable Federal and State laws' Pesticides shall be used only in accordan"e wiitrtheir registered uses and within limitations mposed by the Secretary ofthe Interior. Prior to the use ofpesticides, the holder shall obtain from the authorized officer written approval of a plan showing the type and quantity of material to be used, the pest(s) to be controlled, method of application, Iocation of storage and disposal of containers, and any other information deemed necesary by the authorized officer' Emergency use of pesticides shall be approved in writing by the authorized officer prior to such use. The holder shall comply with appiicable State standards for public health and safety, environmental protection and ritlrg, construction, operation and maintenance, if these State standards are more stringent than Federal standards for similar projects' 2. D 4. 5. tr;h$=l- "(a United States Department of the Interior BURE,AU OF LAND MANAGEMENT GRANDJUNCTION DISTzuCT 2815 H Road Grand Junction, Colorado 81506 CERTIFTED MAIL NO. P 420 899 149 RETURN RECEIPT REOUESTED Rocky Mountain Natural Gas Co. P.O. Box 281304 Lakewood, Colorado 80228 Attn: James Krohe 3695 Val1ey View Road Glenwood Springs,Colorado 81601 Dear Mr. Krohe: Enclosed is a right-of-way (R/W) grant offer (Form 2800-L4) for your proposed natural gas pipeline, serial number COC-62352. Please review the offer, sign in the space provided, and return both copies to the address shown above. Upon receipt of Lhe sigr:ed grant offer on Form 2800-14, the Bureau of Land Management. (BLM) will be able to issue the right-of-way grant absent any other unresolved issues. This right-of-way grant, and the authoriLy to use the lands described in the documenl, becomes effecUive on the daUe it is signed by an authorized officer of BLM. A copy of t.he R/W grant. will be returned Lo you when signed by the authorized officer. The required processing and moniEoring fees have been received. Before a R/W auLhorizati-on can be issued, the estimated advance rental payment musL be received. When annual rental is less than $100.00, rent.al is charged for a five-year period, adjusl-ed for calendar year bi11inq. Estimated rental wj-11 be $33.4L. The final rental determination will be made upon issuance of the grant in accordance witir regulations found at 43 CFR 2803 .1'-2. You are allowed 30 days from receipU of this offer in which to return the signed right-of-way grant. If you have any quesLions, please conEact Tom BargsLen at (970) 244-3030. Enclosures Form 2800-14 (2) IIII I N REPI.,\' RF,F[-R'I'o: coc-62362 2880 (7-680) ocT tr 4 rssg ,,WA"M f +" Manaser Form 2800-14 (August l-985) Issuing office Grand ,Junction Resource Area UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT_OF-WAY GRANT/TEMPORARY USE PERMIT SERIAL NUMBER COC-62362 l-. A right-of-way is hereby granted pursuant Lo Section 28 of the Mineral Leasing Act of L920, as amended (30 U.S.C. 185). 2. Nature of InLerest: a.By this instrument, Lhe hoLder: Rocky Mountain Natural Gas Co. P.O. Box 281-304 Lakewood, Colorado 80228 receives a right to consLruct, operate, mainEain, and terminate a natural gas pipeline on public lands described as follows: Ute Principal Meridian T.7 S., R.97 W.: SecEion 31: NW/aSE%, Garfield CountY, Colorado. b.The right-of-way or permit area granted here is 700 feet long, 35 feeL wide and contains 0.562 acres, more or 1ess. c.This instrument shall terminate on , upon 30 years from its effective date unless, prior thereto, iL is relinquished, abandoned, terminated, or modified pursuant t.o the terms and conditions of this instrument or of any applicable Federal 1aw or regulation. d.This insLrument may be renewed. If renewed, the right-of-way or permiL sha11 be subject to the regulations existing at the Lime of renewal and any other teims and conditions that the authorized officer deems necessary to proLect the public interest. e.Notwithstand,ing the expiration of this instrument or any renewal Ehereof, early relinquishment, abandonment, or termination, the provisions of this insLrument, Lo the extenL applicabfe, shall continue in effect and shal1 be binding on Lhe holder, its successors, or assigns, unt.il they have fully satisfied Lhe obligaLions and/or liabitities accruing Lerein before or on account of the expiration, or prior Lermination, of the granL. 3. Rental: For and in consicleraLion of the rights granted, the holder agrees t.o pay the Bureau of Land Management iair market value rental as determined Ly- the authorized officer unless specifically exempted from such paYment blr regulation. Provided, however, that the rental may be adjusLed by the .irttoiirud officer, whenever necessary, to reflect changes in the fair 4. coc-62362 p.2 market rental value as determined by the application of sound business management principtes, and so far as practicable and feasible, in accoidance with comparable corunercial practices. Terms and Conditions: a.This grant, or permit is issued subject Lo the holder's compliance wiLh all applicable regulations contained in Title 43 Code of Federal Regulations par! 2800. b.Upon grant, Lernination by the aut.horized officer, all improvements strall be removed from the public lands within 90 days, or otherwise disposed of as provicled in paragraph (4) (d) or as directed by the authorized officer. c.Each grant issued, for a term of 20 years or more sha11, at a minimum, be reviewed by the authorized officer at the end of t.he 20th year and aL regular intervals thereafter not to exceed 10 years. Provided, however, thit a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. d.The map and stipulations set forth in Exhibits A and B attached hereto are incolporated into and made a parL of this grant instrument as fuI1y and effeclively as if they were set forth herein in Lheir entirety. e.Failure of the holcler to comply with applicable law or any provision of this righg-of-way granL or permil shall constituLe grounds for suspension or terminat.ion thereof f.The holder shalI perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. IN WITNESS WHEREOF, The undersigned agrees to the Eerms and conditions of this right-of-way grant or permit. Signat.ure of Holder Signature of Authorized Officer Area Manaqer Title Title (Date )(Effective date of Grant) :#Lt. l ..r P,i"!r;& r?/w I Y^*:,'!!" 1 Sn* ,arU*l E I -,( | ?.7S.1 T.as. I I .\\-a\.\\ - (.'(- _)-;:.1(: .-.1 t\\\a t -.lirsll 1t_\\\/ ('-.-.,\r --- r_ocalinS *.31 ur.Jl! SEt/,t T, 'l 9. , R ,q-J k/' ub en T;r,t;!E {t #'* () ffiffi.tffi.cc-tttl 96 666s6;'r rr' \ ROAD CI.ASSIFICATION Light-du$ road. all weather. Unrmproved mad' fair or dry r33rl t7'3V 1 xrt-E :iT I nNc oorNT eol o Qio!\CT:E -i -ahI '.1 La'\25 ^ri_.'\-.^J.i--'.7\Y -.Gt -. v \\rl h:>\S.( \ ; .-<-\\, lz-.r\-\.- :.$|, 1)\ ({..-z\)7 i''-,r:l.-::t\, i.:.,.,:.7)\, )4.-2.- a:-\'-!i\-.i-i.r. -_/i=-;. -i{-(ltY -)-\,4 \ -.\ il ar<\;.-- i\5)- ..-t:;l![.; ' ;\-' t-It t..,-2 ,/ ll '-I t<\l o\ v,,//n t'\| '- .li' 12. I.-l -)'., .- . a- L\'-\+= --J ll: .l lr'i.i}. i*\t,' . t ); ,,i"t((, \( .t N\ 39'22',30. 108'15', a^ aoo* %"9 ril 3. 4. 1. 2. B. 9. EXHIBIT B coc-62362 P. 1of 3 STIPULATIONS The holder shall recluest a joint pre-construction inspection with the authorized officer at least 1 week prior to the commencement of any surface disturbing activities authorized und,er this grant. The proposed pipeline route shall be clearly flagged/staked prior to the inspection. The contact person is Tom Bargsten at the Grand Junction Resource Area office, phone (970) 244-3030. The holder shall obtain an agreement to construct from existing rights-of-way holders and pipeline operators prior to any disturbance or construction ofpipeline across or adjacent to any existing right-of-way or approved pipeline. The area is in a Critical Deer and Elk Winter Range, and is closed to construction activity from December 1 through May 1. Exceptions may be made at the discretion of the Area Manager after consultation with the wildlife biologist. When saturated soil conclitions exist on or along the right-of-way, construction shall be halted until soil material dries out sufficiently for construction to proceed without undue damage and erosion to the right-of-way. At least 4 inches of topsoil shall be stripped across the full width of the R/W and stockpiled separate from spoil rnaterial (on one side or the other of the trench,/working side). Topsoil shall only bc used for reclamation and shall not be'used to bed or pad the pipe during backfilling. All surface disturbance shall be limited to the minimum necessary to complete pipeline. All construction activities and surface disturbance for the pipeline shall take place within the 35 foot width of the right-of-way. The exterior limits of the right-of-way shall be flagged on the ground as necessary to prevent disturbance outside of the approved right-of-way width. Ali construction adjacent to a road shall utilize the width of the road as working side of the 35 foot construction wiclth. The pipeline, where adjacent to the access road shall be buried just outside the borrow ditch on the north side of the Logan Wash road. Open trenches shall be maintained in a safe condition. As necessary to maintain safety, trenches adjacent to roacls shall have warning devices or flagging installed upon completion of daily construction or at anytime personnel are not present at the construction site. Drainages shall not be blocked or filled with loose dirt or debris. The pipeline shall bc buried a minimum depth of 48 inches at road crossings and 36 inches through typicai soil and rock, and a minimum of 24 inches in areas requiring rock blasting. These are minimum clepths and the holder is responsible to bury the pipe to a depth which can safely accommoclate existing uses. Pipeline warning signs shall be installed along the right-of-way within five days of construction completion and prior to use of the pipeline for transportation of product. Pipeline warning signs are required at all road crossings. For safety purposes each sign shall be permanently marked with the right-of-way serial number and shall clearly identify 5. 6. 7. 10. 11. 12. 1Drd. t4. coc-62362 P.2 of 3 the under ground locatiou, owner and purpose (product) of the pipeline. The holder shall be responsible for maintaining roads in good condition from the beginning to completion of operations, as we well as periodic maintenance over the life of the right-#way. This may include, but is not limited to blading the driving surface, cleaning ditches and drainage f;acilities, dust abatement, or other requirements as directed by the authorized offrcer. Trash shall be confined in a covered container while the project is in progress. Upon completion, all trash, flagging, Iaths, etc. shall be removed and hauled to an authorized disposal siie. No burning-of irash, trees, brush or any other material shall be allowed. All surface facilities sha1l be painted a non-reflective tan or dark green color that blends with the natural environment. The Grand Junction Resource Area Manager shall be notified at least 24 hours prior to commencing reclamation work. Applicant/Lessee shall cornply with all County resolutions and regulations and permit requirements. All disturbed areas that are not part of the road shall be recontoured to blend with the adjacent natural terrain. Blending is defined as reducing form, Iine, and color contrast asiociated with the surface disturbance so that the project area will frt into the natural landscape as much as possible. The disturbed areas shall be seeded with the following mixture. Application rates are for pure, live seed (PLS). Seed tags must be submitted to the Area Manager within 30 days of seeding. 15. 16. L7, 18. Species Luna Pubescent wheatgrass Paloma Indian ricegrass Shadscale Rincon fourwing saltbush Application Rate lbs./Acre PLS 3.0 2.5 1.0 1.0 Total 7 .5 lbs. PLS/acre Prepare seedbed by contour cultivating four to six inches deep. Drill seed % to 1 inch deep following the contour. In areas that cannot be drilled, broadcast seed at 1'5 times the application rate and cover y2 to 1 inch cleep with a harrow or drag bar. Seeding must be completed after September 1 and prior to Ostober 15 of 1998. The area is considered to be satisfactorily reclaimed when: A. Soil erosion l.esulting from the operation has been stabilized. B. A vegetative cover at least equal to that present prior to disturbance and a plant species composition at least as desirable as that present prior to disturbance has been establishecl. Establishment of all the species in the seed formula will be consiclered as meeting the composition/ desirable species criteria. Additional work will be required until these conditions are satisfied. 1. coc-62362 p.3 of 3 Thirty days prior to termination of the right-of-way, the holder shall contact the authorized offrcei to arrange a joint inspection of the right-of-way. This inspection shall be held to discuss reclamation, requirements. The holder shall leave underground facilities in place, remove all above grouncl facilities, and recontour and seed as per surface conditions of approval cited in stipulation number 1 and 20 above. STANDARD STIPULATIONS Any cultural and./or paleontological resource (historic or prehistoric site or object) discovered by the holder, or any person working on his behalf, on public or Federal land shall be irnmediately reported to the authorized officer. Holder shall suspend all operations in the irnmecliate area of such discovery until written authorization to proceed is issued by the authorizecl offrcer. An evaluation of the discovery will be made by the authorized officer to cleterrnine appropriate actions to prevent the loss of significant cultural or scientilic values. The holder wiil be responsible for the cost of evaluation and any decision as to proper mitigatiol measures will be made by the authorized officer after consulting with the holder. Pursuant to 43 CFR f 0.4(e) the holder of this authorization must notify the authorized officer, by telephone, with written confirmation, immediately upon the discovery of human remains, funeiary iterns, sacred objects, or objects of cultural patrimony' Further, pursuant to 48 CFR 10.4(c) ancl (d), you must stop activities in the vicinity of the discovery and protect it for 30 days or until notifred to proceed by the authorized officer. The holder shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgatccl. In any event, the holder shall comply with the Toxic Substances Control Ac[ of 1976, as amended (15 U.S.C. 2601 et seq.) with regard to any toxic substances that are usecl, generated by or stored on the right-of-way or on facilities authorized under this right-of-way grant (see 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR ?61.1-761.193). AdditionallY, anY release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part 117 shall be reported as required by the Comprehensive Environmental Response, Compensation and iioUility Act of 1980, Section 102b. A copy of any report required or requested by any Fedcral agency or State government as a result of a reportable release or spijt of any toxic substances shaii be furnished to the authorized officer concurrent with the frling of the reports to the involved Federal agency or State government. Use of pesticides shall comply with the applicable Federal and State laws. Pesticides shall be used o;1y in accordance wiih their registered uses and within limitations mposed by the Secretary of the Interior. Prior to the use of pesticides, the hoider shall obtain from the authorized officer written approval of a plan showing the type and quantity of material to be used., the pest(s) to be controlied, method of application, location of storage and disposal of containers, and any other information deemed necesary by the authorized officer. Emergency use of pesticides shall be approved in writing by the authorized officer prior to such use. The hoider shall comply with appiicable State standards for public health and safety, environmental protection and siting, construction, operation and maintenance, if these State standards are more stringent than Federal standards for similar projects. 2. 3. 4. 5. 1. EXH]BIT IIEII Bureau of Land Management Grand uTunction Resource Area 2BL5 H Road Grand ,function, CO 81506 o "> E!7ilL,crucaav October 79, 1998 John Barbee, Planner Planning Department Garfield County 109 Bth Street, Suite 303 Glenwood Springs, CO 8l-601 KN Energy, lnc. Grand Junction OPerations 825 21-112 Road Grand Junction, CO 81505 (970) 255-7510 \$- ,rf n#\ 1'; \a sri 1 ,:t !, --r.;- _" . i'. ii "1ou ixJ#t'ifY \.N) N0 Re: Conditional Use Permit Appticat.ion Dear Mr. Barbee: Rocky Mountain Natural- Gas Company is hereby applying for a Conditional Use Permit for a pipeline interconnecL between it and TransColorado Gas Transmission Company. Said interconnect will allow for a higher leve] of security for K N Energy, Inc. gas service customers on the western slope as well aS open up the potential to move gas to the national market ' The following documentation is enclosed herewith: - Apptication form - Project narrative - Exhibit A (project plat) - Exhibit B (vicinity map) - Exhibit C (Assessor's maP) - Exhibit D (Copy of BLM permit approvals) - Exhibit E (names and addresses of property owners) - Check for $250.00 application fee The pipeline interconnect is expected to take place on or about November 9, 1998. The pipeline will be placed to a minimum depth of 30', below the surface. Instatlation will be accomplished by trenching and then replacing alI excavat.ed material back into the trench. AIl original contours wiII be replaced to preconstruction conditions. The facility will operate twenty forr, (24) hours/day. It is anticipated that an average of no more than one (r) vehicl-e trip/day will be necessary Lo access t.he facility. The Iikely vehicle t.o be used is a pickup truck. The existing Rocky Mountain Natura] Gas Company pipeline is an eight inch (B',) Iine and the existing TransCo.l-orado Gas October L9, 1998 John Barbee Page Two Transmission Company pipeline is a twenLy two inch (22') line' The interconnect pipeline will be an eight inch (8") steel l-ine. Therewil-lbetro-(Z)50'x75'sitesassociatedwiththeproject - one on each end. These sites are for side valves, measuremenL equipment and associated appurtenances required for operati-on of the iacilit.y. The facilit.ies are t.o be constructed by K N Energy personnel. A building will be constructed on the above-ground site on the TransColorado end of t.he project. A11 building regulations wil-I be fol1owed and permits obtained if necessary to meet said regulations. There are no water and wastewater systems planned for this project. This is not a manned facility. As per Section 5.03 of the Garfield County Code, (1) Utility service for this facility is electric service only which shall be provided by Grand valley Power i e) access Lo the site is via Lxisting County and private roads. The private road is situated on BLM property and Lhe County Road is Roan Creek Road. The operatoi i; alieady using said access roads at this time for current facilit.y opertations; and (3) AII conditions of design found in the attached BLM permits witl be followed. please contact me at 3695 Valtey View Road, Glenwood Springs, CO 81601 or at (970) g28-0938 (ofc.) or (970) 928-0945 (fax) if you have any questions or need to send me something' Sincerely, --I ,I +- -/ -q ' James L. Krohe Contract Right-of -WaY Agent J:lK/ Encfosures Fxh:\c,t- C O 241 3-362-00-o1 7 tDoCzo ''n 2+13*251 { 9,o-t (nt) L I I I I I I I i 4 c,--{ u o 9.f.f rO N++ Ul ErV.rb.l- "'4" O United States Department of the Interior I]UREAU OF I.{ND MANAGEMENT CrandJunction Resource Area 2815 H Road GrandJunction, Colorado 81506 CERTIFIED MAIL NO. P 420 899 149 RETURN RECEIPT REOUEST'ED Rocky Mountain Natural Gas Co. P.O. Box 281304 Lakewood, Colorado BO22B Attn: James Krohe 3695 Valley View Road Glenwood Springs,Colorado 8160L 0c'l 14 1938 Dear Mr. Krohe: Enclosed is temporary use permit offer COC-62454 for your proposed extra workspace for a natu-raI gras pipeline interconnect (COC-62362) . Please review the otfer, sign in the space provided, and return both copies to the address shown above. Upon receipu of the signed permit offer, the Bureau of Land ManagemenL (BLM] wil-I be abl-e to issue the temporary use permit absent any other unresolved issues. This temporary use permit, and the authority to use the lands described in the document, becomes etfective on the date it is signed by an authorized officer of BLM. A copy of the permit will be reLurned to you when signed by the authorized oflicer. The required processing and monitoring fees have been received. The rental for this temporary use permit has been estimated to be g4.l-O for the period beginning on or about October 15, 1998 and ending October L4, Lggg. The final rental determination will be made upon issuance of the grant in accordance with regulaLions found at 43 CFR 2803 .7-2. you are allowed 30 days from receipt of this offer in which to return the signed permit. If this requirement is noL met the application may be denied. If you have any questions, please contact Tom Bargsten aL (970) 244-3030. Enclosures Form 2800-14 (2) IN REPLYREFERTOI coc-62454 2880 (7-680 ) ;il rea Manag'er FORM 2800-14 (Ausust 1985)Grand UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT TEMPORARY USE PERMIT SERIAL NUMBER COC_62454 ISSUING OFFICE .lunction Resource Area 1.A Eemporary use permiL is hereby granted pursuant to Section 28 of the uineril Leising Act of Lg2O, as amended (30 U.s'C' L85) ' Nature of InteresE: a. By t,his insEruinent, the holder : Rocky MounLain NaEural Gas Co. P.O. Box 281-304 Lakewood, Colorado 80228 receives a right to temporarily use the lands in b., beIow, and as shown in Exhibit A, to consLruct a natural gas pipeline and associated meters or gauges on public lands described as follows: llte Principal Meridian T.7 S., R.97 W.: Section 31: NW%SE%, Garfield CountY, Colorado. b.The right-of-way or permit areas grant.ed her:e are as foll'ows: l-) 700 feet lont, 15 feeL wide. 2)'l5,1ong, 15'wide. 3) 75'Iong, 15'wide; and contiining a totsal of 0.301- acres, more or less' c.This instrument shall terminate on , 1 year: from its effective date unless, prior thereto, i-t is relinquished, abandoned, Lerminated, or modifi"d p.,t"ru.nt to the terms and conditions of this instrument or of any applicable Federal Iaw or regulaLion. d.NotwithsLanding the expiraLion of this instrument or any renewal Ehereof, early relinquishment, abandonment, or termination, Lhe provisions of this instrumenL, to the extent appJ-icable, shal1 continue in effect and shall be binding on the hoLder, its successors, or assigns, until they have fu11y satisfi6d the obligations and/or liabilities a.cruing irerein before or on account of the expiration, or prior termination, of the grant. Rental: For and in consicleration of the righLs granted, Lhe holder agrees to pay t.he Bureau of Land Management fair market value rental as determined by Lhe authorized officer unless specifically exempted from such paYment by iegulation. provided, however, that the renEal may be adjusted by the authorized officer, whenever necessary, to reflect changes in Lhe fair market rental value as determined by the applicaLion of sound business ,n.rr.g.*"tt, principles, and so far ai practicable and feasibl-e, in ac"oida.,ce wi-th comparable commercial practices ' Terms and Conditions: a.This permit is issued subjecL to the holder's compliance with all applicatle regulations containea in Title 43 Code of Federal Regulations part 2800 and/or 2880. .) 4- 3. TUP coc-62454p. 2 b.upon termination of this permit by the authorized officer, af1 impiovements shafl be removed from the Federal lands within 90 days, or ogirerwise disposed of as provided in paragraph (4) (d) or as directed by the authorized officer. c.The map and sLipulations seL forth in Exhibit.(s) A and B attached hereto aie incorp-oraLed inLo and made a part of this permit as fu1ly and effectively as it ttrey were set forth herein in their entirety. d.Failure of Ehe holder to comply with applicable Iaw or any provision of this right-of-way grant ot p"t*ii sha1l ionstitute grounds for suspension or termination thereof. e.The holder sha1l perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. IN WITNESS WHEREOF, Ttre undersigned agrees Lo the Lerms and conditsions of this right-of-way grant. or PermiL. (Signat,ure of Holder)I (Tit1e) ( Effective Date of GranL) (TirIe ) ( Date ) 1\-1\ -t\ Ahrhii A coc' 6z7bL 2 mQm,. ' l\ II .-\ I 1?4" PtPtLil fin(' "r dl< d",r4 f u"dl 4 poillhg #tu :i.L\ Lerth! 15' w,fi{,. ts' 611Lt,,, 0,Ab aa, l4Ai L.r*lh '.'ld| / u,lh ,, tg I Atvt ', O ,2L/ l q.' Locr ilJ hJ P5lc OL - TdA'. o.3ot k, 39'22'.3r i 9c.3I tlq T. ''l 9. r R'ql k/' uh en a+r;" lv se i\\\ ROAO CLASSIFICATION Light.duty road. all r,veather' Unrmproved road' lair or dry improved sur{ace-. - weather-.--- :;ffim.rrFffi..c-rtn oc aeouc;. r rr' \r08'15' I H|LE - :ET ?a tolq- %"9 ril LONG POINT. COLO. [-rl t.. t_\\".1.,-?:) - I l' S'slr' BR -' Ja ..J \) 3. 4. 1. , 8. 9. EXHIBIT B coc-62454 P. 1of 3 STIPULATIONS The holder shall request a joint pre-construction inspection with the authorized officer at least 1 week prior to ttre commencement of any surface disturbing activities authorized under this grant. The proposed pipeline route shall be clearly flagged/staked prior to the inspection. The contact person is Tom Bargsten at the Grand Junction Resource Area office, phone (970) 244-3030. The holder shali obtain an agreement to construct from existing rights-of-way holders and pipeline operators prior to any disturbzlnce or construction of pipeline across or adjacent to any existing right-of-way or approved pipeline. The area is in a Critical Deer and Elk Winter Range, and is closed to construction activity from December l th,r.ough May 1. Exceptions may be made at the discretion of the Area Manager after consultation with the wildlife biologist. When saturated soil conclitions exist on or along the right-of-way, construction shall be halted until soil material dries out suffrciently for construction to proceed without undue damage and erosion to the right-of-way. At least 4 inches of topsoil shall be stripped across the full width of the R./W and stockpiled separate from spoil rnaterial (on one side or the other of the trenchr/working side). Topsoil shall only be uscd for reclamation and shall not be used to bed or pad the pipe during backfilling. Al1 surface disturbance shall be limited to the minimum necessary to compiete pipeline. All construction activities and surface disturbance for the pipeline shall take place within the 85 foot width of the right-of-way. The exterior limits of the right-of-way shall be flagged on the ground ,, ,."ussoiy to prevent disturbance outside of the approved right-of-way width. All construction adjacent to a road shall utilize the width of the road as working side of the 35 foot construction width. The pipeline, where adjacent to the access road shall be buried just outside the borrow ditch on the north side of the Logan wash road. Open trenches shall be maintainecl in a safe condition. As necessary to maintain safety, trenches adjacent to roacls shall have warning devices or flagging installed upon completion of daily construction or at anytime personnel are not present at the construction site. Drainages shall not be blocked or filled with loose dirt or debris. The pipeline shall be buried a minimum depth of 48 inches at road crossings and 36 inches through typical soil and rock, and a minimum of 24 inches in areas requiring rock blasting. These are minimum depths and the holder is responsible to bury the pipe to a depth which can safely accommodate existing uses. Pipeline warning signs shail be installed along the right-of-way within five days of construction completion and prior to use of the pipeline for transportation of product. Pipeline warning signs are required at all road crossings. For safety purposes each sign stratt Ue permanently marked with the right-of-way serial number and shall clearly identify 5. 6. 7. 10. 11. 12. 13. T4, coc-62454 P.2 of 3 the under gxound location, owner and purpose (product) of the pipeline. The holder shall be responsible for maintaining roads in good condition from the beginning to completion of opcrations, as we well as periodic maintenance over the life of the right-of-way. This may include, but is not limited to blading the driving surface, cieaning clitches and drainagc facilities, dust abatement, or other requirements as directed by the authorized officer. Trash shall be confined in a covered container while the project is in progress. Upon completion, all trash, flagging, laths, etc. shall be removed and hauled to an authorized disposal site. No burning of trash, trees, brush or any other material shall be allowed. AII surface faciiities shall be painted a non-reflective tan or dark green color that blends with the natural environment. The Grand Junction Resource Area Manager shall be notified at least 24 hours prior to commencing reclamation work. Applicant/Lessee shall comply with all County resolutions and regulations and permit requirements. All disturbed areas that are not part ofthe road shall be recontoured to blend with the adjacent natural terrain. Blending is defined as reducing form, line, and color contrast associated with the surface disturbance so that the project area will fit into the natural landscape as much as possible. The disturbed areas shall be seeded with the following mixture. Application rates are for pure, live seed (PLS). Seed tags must be submitted to the Area Manager within 30 days of seeding. Application Rate 15. 16. 17. 18. Species Luna Pubescent wheatgrass Paloma Indian ricegrass Shadscale Rincon fourwing saltbush lbs./Acre PLS 3.0 2.5 1.0 1.0 7 .5 lbs. PLS/acreTotal Prepare seedbed by contour cultivating four to six inches deep. Drill seedYz to 1 inch deep following the contour. In areas that cannot be drilled, broadcast seed at 1.5 times the application rate and cover Vz to 1 inch deep with a harrow or drag bar. Seeding must be completed after September 1 and prior to October 15 of 1998. The area is considered to be satisfactorily reclaimed when: A. Soil erosion resulting from the operation has been stabilized. B. A vegetative covcr at least equal to that present prior to disturbance and a plant species composition at least as desirable as that present prior to disturbance has been established. Establishment of all the species in the seed formula will be considered as meeting the composition/ desirable species criteria. Additional work will be required until these conditions are satisfied. 19. 1. 2. 3. 4. coc-62454 p.3 of 3 Thirty clays prior to termination of the right-of-way, the holder shall contact the authorized officer to arrange a joint inspection of the right-of-way. This inspection shall be held to discuss reclamationl."quirements. The holder shall leave underground facilities in place, remove all above grurr.l facilities, and recontour and seed as per surface conditions of approval cited in stii:ulation number 1 and 20 above' STANDARD STIPULATIONS Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by the holder, or any person working on his behalf, on public or Federal land shall be immediately reported to the authorized officer. Holder shall suspend all operations in the irnmccliate ui.o of such cliscovery until written authorization to proceed is issued by the authorizecl officer. An evaluation of the discovery will be made by the authorized officer to cleterrnine appropriate actions to prevent the loss of significant cultural or scientific values. The holder *itt U" responsible for the cost of evaluation and any decision as to proper mitigation measures will be macle by the authorized officer after consulting with the holder. pursuant to 48 CFR f 0.4(g) the holder of this authorization must notify the authorized officer, by telephone, with written confirmation, immediately upon the discovery of human remains, fu.r"iu"y iterns, sacred objects, or objects of cultural patrimony' Further, pursuant to 48 CFR 10.4(c) and (d), you must stop activities in the vicinity of the discovery and protect it for 30 clays or until notified to proceed by the authorized offrcer. The holder shall cornply rn ith all applicable Federal laws and regulations existing or hereafter enacted or promulgatca. m any event, the holder shall comply with the Toxic Substances Control Act of 1926, as amended (15 U.S.C. 2601 et seq.) with regard to any toxic substances that are used., generaLecl by or stored on the right-of-way or on facilities authorized under this right-of-way grant (see 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193). AdditionallY, anY release of toxic iubstances (leaks, spiils, etc.) in excess of the reportable quantity establishedby 40 CFR, part 11T shall be reportecl as requirecl by the Comprehensive Environmental Response, Compensation and iioUitity Act of 1980, Section 102b. A copy of any report required or requested by any Fecleral igu..y or State government as a result of a reportable release or spiU of arry to*i. substances shall be furnished to the authorized officer concurrent with the filing of the reports to the involved Federal agency or State government. Use of pesticides shall courply with the applicable Federal and State laws. Pesticides shall be used only in accordance wiitr their registered uses and within limitations mposed by the Secretary of the Interior. Prior to the use of pesticides, the holder shall obtain from the authorized offrcer written approval of a plan showing the type and quantity of m'aterial to be used, the pest(s) to be controiled, method of application, location of storage and disposal of containers, and any other information deemed necesary by the authorized officer. Emergency use of pesticides shall be approved in writing by the authorized officer prior to such use. The holder shall comply with applicable State standards for public health and safety, environmental proteciiln and ritirrg, construction, operation and maintenance' if these State standards are more stringent than Federal standards for similar projects' 5. 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