HomeMy WebLinkAbout949125RECEIVED 8127/2009 at 12:00 PM
RECEIVING # 949125
BOOK: 730 PAGE: 615
WHEN RECORDED RETURN TO: JEANNE WAGNER
Jenifer E. Scoggin, Esq. LINCOLN COUNTY CLERK, KEMMERER, WY
Holland & Hark, LLP
P.O. Box 1347
Cheyenne, WY 82003
(307) 778-4200
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
RELEASE OF LIEN
Pursuant to Wyo. Stat. Ann. § 29-1-305, the undersigned hereby files its notice of
satisfaction of lien statement and hereby fully and completely releases said liens filed with the
Clerk of Lincoln County on the 11th day of March, 2009, as Instrument Number 945830, at Page
427 of Book 717.
The Name of the Lien Claimant is Prairie Pipeline Contractors, Inc., P.O. Box 67,
Plentywood, Montana 59254, who filed a lien statement in the sum of Nine million, nine hundred
eleven thousand, four hundred five and 31/100 dollars ($9,911,405.31), together with interest,
costs and attorney fees. The lien covered interests in real property and improvements held by
and related to Overland Pass Pipeline Company, LLC, 100 West Fifth Street, Tulsa, Oklahoma
74103, its agents, successors, predecessors, or assigns, as referenced by the documents attached
hereto as Exhibit A.
Dated thigo ~ day of , 2009.
By:
Name: L!d C.,45
C
Title: ?4A~I
100022482 3 1
ACKNOWLEDGEMENT
STATE OF (,~+a )
ss.
COUNTY OF 6
C"()()(;1.(;
This instrument was acknowledged before me on ~ P TL l
~1 2009~'' lF.ry
G. as i _of Pr • G i 1, ' e. In e.
.
Seal:
Cr
OWN ~
"M MW
Notary PuM6 ,
NICALEE NELSON
Commiaaton #576230
#~Ay Commission ExpirN
Novemt 2012
Signatur of notarial officer
o~,~ "I
Title and Rank
My commission expires: / 1 + • D l
State of Utah
{00022482 3 }
EXHIBIT A
FORM 2800-14 006GI8
(August 1985) Issuing Office
Rawlins Field Office
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT
SERIAL NUMBER WYW-166510
] . A right-of-way is hereby granted pursuant to Section 28 of the Mineral Leasing Act of 1920, as amended
(30 U.S.C. 185).
2. Nature of Interest:
a. By this instrument, the holder:
Overland Pass Pipeline Company LLC
100 West Fifth Street
Tulsa, OK 74103-4298
receives a right to construct, operate, maintain, and terminate a(n) 14-inch to 16-inch diameter
Natural Gas Liquids transmission pipeline and related facilities, on federal lands described as
follows:
See Exhibit A
b. The pipeline right-of-way granted herein is 50 feet wide, 633,235 feet long, containing 726.85
acres, more or less.
This grant also includes the following Temporary Use Permits (TUP) for a three year term from
the effective date of this right-of-way grant:
I . A TUP for extra construction width 25 feet wide (except where the overall construction
width is limited to 60 feet wide in wetland and riparian areas), along the length of the
pipeline right-of-way totaling-646-4a-acres. U)i~
2. A TUP for additional tempora4'~uoi~c ce areas of variable dimensions at waterbody
and wash crossings. road and railroad crossings. truck turnarounds, foreign pipeline
crossovers, and contractor staging areas as defined on the holders alignment sheets and
ROW and ATWS configuration sheets, containing approximately 154.99 acres.
3. A TUP for temporary construction access roads 25 feet wide, 237,223 feet long, and
containing 136.15 acres, more or less.
C. This instrument shall terminate on December 3 1, 2036 unless, prior thereto, it is relinquished,
uG 429,
abandoned, terminated, or modified pursuant to the terns and conditions of this instrument or of
any applicable Federal law or regulation. The Temporary Use Permits authorized herein shall
expire by their own terns without further action by BLM, on December 31, 2010.
d. This instrument may be renewed. If renewed, the right-of-way or permit shall be subject to the
regulations existing at the time of renewal and any other terms and conditions that the authorized
officer deems necessary to protect the public interest.
e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment,
abandorument, or termination, the provisions of this instrument, to the extent applicable, shall
continue in effect and shall be binding on the holder, its successors, or assigns, until they have
fully satisfied the obligations and/or liabilities accruing herein before or on account of the
expiration, or prior termination, of the grant.
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
exempted from such payment by regulation. Provided, however, that the rental may be adjusted
by the authorized officer, whenever necessary, to reflect changes in the fair market rental value as
determined by the application of sound business management principles, and so far as practicable
and feasible, in accordance with comparable commercial practices.
4. Terns and Conditions:
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 part 2800.
b. Upon grant termination by the authorized officer, all improvements shall be removed fioin the
public lands within 90 days, or otherwise disposed of as provided in paragraph (4)(d) or as
directed by the authorized officer.
Each grant issued for a term of 20 years or more shall, at a minimum, be reviewed by the
authorized officer at the end of the 20th year and at regular intervals thereafter not to 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 stipulations, plans, maps, or designs set forth in Exhibits B (Terns and Conditions of
Approval), Exhibit C (ROW Map), attached hereto, and unattached documents titled Overland
Pass Pipeline Project, Plan of Development, approved by the Authorized Officer on October 1,
2007, and Environmental Aligrunent Sheets, drawing numbers 890-AL-000 through 890-AL-
283A, and ROW and ATWS Configuration Sheets, drawing numbers 890-AL-000 through 890-
AL-273, are incorporated into and made a part of this grant instrument as fully and effectively as
if they were set forth herein in their entirety.
6G20
C^A,qe. Failure of the holder to comply with applicable law or any provision of this right-of-way grant or
permit shall constitute grounds for suspension or termination thereof.
f The holder shall 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 terms and conditions of this right-of-way grant or
permit.
(Signatur f Holder}
(Sigh ire of B M Authorized Officer)
U.
(Title)
lD//
(Date)
Exhibits
Acting
Field Manager. Rawlins Field Office
(Title)
4-'?
Etive Date of Grant)
Exhibit A: Legal Descriptions
Exhibit B: Terms and Conditions of Approval
Exhibit C: Map
Ir 0 621
U
tyt
CI
z
aQ
w
ai
h x
C.
4
O
0.
N
O
Q
l9
w
J
Tvp
f
N
C
N
N
e
m
c
N
3
V
n
i
Ki
m
ei
Yi
!O
m
n
C
I
N
O!
k
ro
g
i
3
C
z
a
m
G 4
O
G
~
0
0
V
W
g
WWN
N
W
N
~
3
z
m
~
o
~
Z
z
t
W
Z
S
9
S
~
~
n
^
w
C
3
'
~
z'
Z
'
~
~
~
N
l~
'GR
~
N
~
~
m
C
tl
C
Q
~
~
y
h
~T
v
0
z
3
3
a
~
z
~
m
°
z
_
~
~
c
u
C
r
fi
c
a
;
0
h
=
x
3
s
m
c
(
Z
m
c
n
c
°
E
S
t
.Qi
b
m
fi
e
r
J
1=
4~
n
fli
c
~i
fR
H
2
1~^
d
g
V1
M
AI
N
H
6
A
(Y
a
~
6,22
0
z
n
s~
S
3
8
z
H N
U °z
O J
LYe Q
G 4
CJ ui
Sao
z
U O
0.,U 4
d ~
H
47
O
U
Q J
C-Ok
Q
A
Y
IA
Y 1
C
n
N
~
N
w
V
.j W
~ Y l
OI OI
W
0
pf
n
t 7
[V
N
W
nl
W
V
M
W
Y~
O
N
01
-
W
W
C
~
t~Y
N
N
N
~
N N
H
~
~
~
~
~
N
N
a
g
N
~
Idtd
~
'
8
g
ai
m
k
J
W
H
n u
3 rd
of
46
N
y
~
a
N
y
y
Z
~
v
N
1
r-Si
Z
s
U~
O
l0
0.
d
z
C
;
Z
3
\co
a
Z
c
c
z
<
c Z
2
(1)
Z
z
_
c
V
0
0
9
i
,a
H
~
'
a
J I
VI
~
~W
W
y
h
Ft
7
N
H
N
f7 f
0
H
W
J
b
f]
a
0
a
W
Q
Q
r
a
a
a
a
W
F
I Y,
Oi 23
Exhibit B Fa_e i of 7
tfY433
1, The holder shall construct, operate, and maintain the facilities, improvements, and structures
within this right-of-way in strict conformity with the Plan of Development which was approved and
made part of the grant on October 1, 2007. Any relocation, additional construction, or use that is
not in accord with the approved plan of development, shall not be initiated without the prior written
approval of the authorized officer. A copy of the complete right-of-way grant, including all
stipulations and approved plan of development, shall be made available on the right-of-way area
during construction, operation, and termination to the authorized officer. Noncompliance with the
above will be grounds for immediate temporary suspension of activities if it constitutes a threat to
public health and safety or the environment.
2. The holder will not initiate any construction or other surface disturbing activities on the right-of-
way (ROW) without prior written authorization of the Authorized Officer (AO). Such authorization
will be a written Notice to Proceed (Form 2800-15) issued by the AO or his delegated
representative. Each Notice to Proceed (NTP) will authorize construction or use only as therein
expressly stated and only for the particular location or use therein described, i.e., a construction
spread by number or compressor station by name. The AO will issue a NTP subject to such
terms and conditions as deemed necessary when the design, construction, use, and operation
proposals are in conformity with the terms and conditions of these stipulations.
3. The AO may suspend or terminate (in writing) in whole or in part any NTP which has been issued,
when in his judgment, unforeseen conditions arise which result in the approved terms and
conditions being inadequate to protect the public health and safety or to protect the environment.
4. Any cultural resources (historic or prehistoric site or object) affected by the project or discovered
by the holder, or any person working on his behalf, shall be addressed in accordance with the
executed Memorandum of Agreement and associated treatment plans and discovery plans
approved by the Advisory Council for Historic Preservation on September 26, 2007.
5. The holder will be in compliance with the Biological Opinion for listed and proposed species
associated with this project signed by the US Fish and Wildlife Service on September 25, 2007.
6. The holder will attend preconstruction conference(s) prior to the holders commencing
construction and/or surface disturbing activities on the ROW or specific construction spread on
the ROW. The holder and/or his representatives will attend this conference. The holder's
contractor, or agents involved with construction and/or any surface disturbing activities associated
with the ROW, will also attend this conference to review the stipulations of the grant including the
plan(s) of development, as applicable.
7. The holder shall designate a representative who shall have the authority to act upon and to
implement instructions from the authorized officer. The holder's representative shall be available
for communication with the authorized officer within a reasonable time when construction or other
surface disturbing activities are underway.
8. The holder shall protect all survey monuments found within the right-of-way. Survey monuments
include, but are not limited to, General Land Office and Bureau of Land Management Cadastral
Survey Corners, reference corners, witness points, U.S. Coastal and Geodetic benchmarks and
triangulation stations, military control monuments, and recognizable civil (both public and private)
survey monuments. In the event of obliteration or disturbance of any of the above, the holder
shall immediately report the incident, in writing, to the authorized officer and the respective
installing authority if known. Where General Land Office or Bureau of Land Management right-of-
way monuments or references are obliterated during operations, the holder shall secure the
services of a registered land surveyor or a Bureau Cadastral surveyor to restore the disturbed
monuments and references using surveying procedures found in the Manual of Surveying
Instructions for the Survey of the Public Lands in the United States, latest edition. The holder
shall record such survey in the appropriate county and send a copy to the authorized officer. If
01,15-6 2
Exhibit B Rabe 2 of 7
~`O 434
the Bureau cadastral surveyors or other Federal surveyors are used to restore the disturbed
survey monument, the holder shall be responsible for the survey cost.
9. Prior to crossing or constructing within any existing Western Areas Power Administration
(Western) electric transmission line or using Westerns access road system, the holder shall
coordinate with Western and obtain any required license agreements. License agreements would
include site specific safety provisions to ensure the pipeline did not adversely affect Western's
transmission lines or access roads including requirements for advance notification prior to
construction and appropriately marking the pipeline location within the transmission line right-of-
way.
10. No construction or routine maintenance activities shall be performed during periods when the soil
is too wet to adequately support construction equipment. In areas where topsoil has not been
removed, rutting from construction activities shall not exceed 4 inches on all federal lands, with
the exception of the PNG where the rutting restriction is 3 inches. If rutting exceeds these depths,
it shall be considered excessive and operations halted until conditions are dry. If conditions do not
improve, Overland Pass shall consult with the applicable federal agencies to determine if
alternate topsoil removal techniques may be employed to alleviate rutting concern.
11. Frozen soil or soil mixed with snow will not be used in construction.
12. The Holder shall be responsible for control of all invasive/noxious weed species on any and all
disturbed sites, including areas outside the development where weeds have established due to
project installation and development. All vehicles and equipment used for project construction
and maintenance for the life of the project shall be power or high pressure washed prior to
entering the project area. The Holder is responsible for consultation with the Authorized Officer
and/or local authorities and provide any needed updates to the weed plan portion of the Plan of
Development for acceptable weed control, and shall comply with the following:
13. Use of pesticides shall comply with all applicable Federal and State laws. Pesticides shall be
used only in accordance with their registered uses within limitations imposed by the Secretary of
the Interior. Prior to the use of the pesticides, the Holder shall obtain from the Authorized Officer,
written approval of a Pesticide Use Proposal Plan showing the type and quantity of material to be
used, pest(s) to be controlled, method of application, locations of storage and disposal of
containers, and any other information deemed necessary by the Authorized Officer.
14. Only those chemicals (pesticides and herbicides) listed on the BLM approved label list are
authorized for use on public lands. A Pesticide Use Proposal (PUP) must be submitted for each
chemical used, and it cannot be used until approval has been obtained in writing from the BLM
authorized officer. The report needs to include any surfactants or dyes used in the spraying
operation. Applicator(s) of chemicals used must have completed the pesticide certification
training and have a current up to date Certified Pesticide Applicator's License. Pesticide
Application Records for the areas and acres treated must be submitted to the BLM Kemmerer,
Rock Springs, and Rawlins Field Offices each year- This includes the following:
Brand or Product name
EPA registration number
Total amount applied (use rate #A.1./acre)
Date of application
Location of application
Size of area treated
Method of treatment (air/ground)
Name of applicator
Certification number and dates
Costs to treatment
Amount of surfactants or dyes used in spraying operation
kC-0VG25
Exhibit 8 Page 3 of 7
C-00435
The record information must be recorded no later than 14 days following the pesticide
application and must be maintained for ten years.
15. Holder shall limit excavation to the areas of construction. No borrow areas for fill material will be
permitted on the site. All off-site borrow areas must be approved in writing by the authorized
officer in advance of excavation. All waste material resulting from construction or use of the site
by holder shall be removed from the site and disposed of in an approved facility and manner, All
waste disposal sites on public land must be approved in writing by the authorized officer in
advance of use.
16. Fences, gates, and brace panels affected by construction shall be reconstructed to appropriate
Bureau standards and/or specifications as determined by the authorized officer.
17. Construction-related traffic shall be restricted to routes approved by the authorized officer. New
access roads or cross-country vehicle travel will not be permitted unless prior written approval is
given by the authorized officer. Authorized roads used by the holder shall be rehabilitated or
maintained when construction activities are complete as approved by the authorized officer.
18. Prior to any discharge, hydrostatic testing water will be tested and processed to ensure that the
water meets local, State or Federal water quality standards. This includes meeting NPDES
permit requirements as stated in Chapter XViIi of the Wyoming Water Quality Rules and
Regulations and any applicable rules and regulations in Colorado and Kansas. Prior to discharge
of hydrostatic testing water from the pipeline, the holder shall design and install a suitable energy
dissipator(s) at the outlet(s), and design and install suitable channel protection measures
necessary to ensure that there will be no erosion or scouring of natural channels within the
affected watershed as a result of such discharge. The holder will be held responsible for any
erosion or scouring resulting from such discharge. Sandbags, rock, or other materials or objects
installed shall be removed from the site upon completion of hydrostatic testing.
19. All permanent above ground structures at the facility, not subject to safety requirements shall be
painted to blend with the natural color of the landscape. The color selected for this project shall
match Shale Green (5Y 4/2), or be an acceptable substitute pre-approved by the local manager.
20. Construction sites shall be maintained in a sanitary condition at all times; waste materials at those
sites shall be disposed of promptly at an appropriate waste disposal site. 'Waste' means all
discarded matter including, but not limited to, human waste, trash, garbage, refuse, oil drums,
petroleum products, ashes, and equipment. A litter policing program shall be implemented by the
holder which covers all roads and sites associated with the right-of-way.
21. The holder shall comply with all applicable Federal, State and local laws and regulations, existing
or hereafter enacted or promulgated, with regard to any Hazardous Materials, as defined in this
paragraph, that will be used, produced, transported or stored on or within the R/W or any of the
R/W facilities, or used in the construction, operation, maintenance or termination of the R/W or
any of its facilities. 'Hazardous material' means any substance, pollutant or contaminant that is
listed as hazardous under the CERCLA of 1980, as amended, 42 U.S.C. 9601 et seq., and its
regulations. The definition of hazardous substances under CERCLA includes any 'Hazardous
waste' as defined in the RCRA of 1976, as amended, 42 U.S.C. 6901 et seq. and its regulations.
The term hazardous materials also includes any nuclear or byproduct material as defined by the
Atomic Energy Act of 1954, as amended. 42 U.S.C. 2011 et seq. The term does not include
petroleum, including crude oil or any fraction thereof that is not otherwise specifically listed or
designated as a hazardous substance under CERCLA section 101(14), 42 U.S.C. 9601(14), nor
does the term include natural gas. The holder of Right-of-Way No. WYW-166510 agrees to
indemnify the United States against any liability arising from the release of any hazardous
substance or hazardous waste (as these terms are defined in the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seg. Or the Resource
Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seg.) On the right-of-way (unless the
Exhibit B Page 4 O 7
4-&~)3
release or threatened release is wholly unrelated to the right-of-way holder's activity on the right-
Of-way). This agreement applies without regard to whether a release is caused by the holder, its
agent, or unrelated third parties.
22. For the purpose of determining joint road maintenance responsibilities, the holder shall make
road use plans known to all other authorized users of the road. Holder shall provide the
authorized officer, within 30 days from the date of the grant, with the names and addresses of all
parties notified, dates of notification, and method of notification. Failure of the holder to share
proportionate maintenance costs on the common use access road in dollars, equipment,
materials, or manpower with other authorized users may be adequate grounds to terminate the
use of the road. The determination as to whether this has occurred and the decision to terminate
shall rest with the authorized officer. Upon request, the authorized officer shall be provided with
copies of any maintenance agreement entered into.
23. Within 120 days of completion, the holder will submit to the authorized officer, as-built drawings
and a certification of construction verifying that the facility has been constructed (and tested) in
accordance with the design, plans, specifications, and applicable laws and regulations.
24. The holder shall not initiate any construction or other surface disturbing activities as a minor
change on the right-of-way without prior written authorization of the Authorized Officer, or his
delegate. Such authorization shall be a written Variance. Each Variance shall authorize
construction or use only as therein expressly stated and only for the particular location and use
therein described. Authorized Officer approved level 1 and 2 Variances, as described and
delegated in the Plan of Development, are subject to such terms and conditions as deemed
necessary at the time of approval. Approved Variances authorize construction or use only as
therein expressly stated and only for the particular location, segment, area, or use described.
Variances approved under these grant provisions apply to Federal lands and to the federal
undertaking as described in the Cultural Resources Memorandum of Agreement. The Authorized
Officer (in writing) may suspend or terminate in whole or in part any Variance which has been
approved, when in his judgment, unforeseen conditions arise which result in the approved terms
and conditions being inadequate to protect the public health and safety or to protect the
environment.
25. The holder may request exceptions in writing to wildlife timing restrictions contained in the
approved Plan of Development. Any exceptions must be evaluated and approved in writing by
the authorized officer prior to the holder conducting any surface disturbing or prior to conducting
activities disruptive to wildlife. The exception request must explain the reason(s) for the
exception, why the proposed activities will not impact the species or their habitat, and the dates
for which the exception is requested. Data supporting the exception must accompany the written
request.
26. The holder will provide a bond acceptable to the Authorized Officer in the amount of Six Hundred
Thousand and 00/100 dollars ($600,000.00), for the following items prior to issuance of a
Notice(s) to Proceed.
o Restoration and reclamation of disturbed areas and other requirements relative to the
construction phase of the project.
o liability for damages or injuries resulting form releases or discharges of hazardous
materials during the construction and reclamation phase of the project.
o Accommodating all cultural resources post-field work costs associated with implementing
a treatment plan or other mitigative activities. Such costs may include, but are not limited
to treatment, field work, post-field analyses, research, and report preparation, interim and
summary reports preparation, and the curation of project documentation and artifacts
collects (except for NAGPRA related human remains and cultural artifacts) in a BLM
0 00627
Exhibit B Page 5 of 7
OiA37
approved curation facility. The portion of the bond addressing cultural resources may be
forfeited if any tasks are not completed within the time period established by the
Memorandum of Agreement or modification thereto; provided, however, that the BLM and
the holder may agree to extend any such time periods.
The BLM will notify the holder that the surety (if one is used) is subject to forfeiture and will
allow the holder 15 days to respond before action is taken to forfeit the surety. The bond will
be released, in whole or in part, as specific tasks are completed and accepted by the BLM.
This bond must be maintained in effect until removal of temporary improvements and
restoration and reclamation of the ROW has been accepted by the AO.
27. In the event of noncompliance with the terms and conditions of the ROW grant, the BLM will
notify the holder that the surety (if one is used) is subject to forfeiture and will allow the holder 15
days to respond before action is taken to forfeit the surety. The bond must be maintained in
effect until removal of temporary improvements and restoration and reclamation of the ROW has
been accepted by the AO. Upon completion, or partial completion of construction related
reclamation requirements, the AO may reduce or terminate the amount of the bond.
28. This ROW grant is made subject to the condition that, pursuant to 43 CFR 2885.11(b)(16), the
holder will at all times hold itself out to the public as a common carrier pipeline. The pipeline
owners and operators must accept, convey, transport, or purchase without discrimination all oil or
gas delivered to the pipeline without regard to where the oil and gas was produced (i.e., whether
on Federal or non-federal lands). Where natural gas not subject to state regulatory or
conservation laws governing its purchase by pipeline companies is offered for sale, each pipeline
company must purchase, without discrimination, any such natural gas produced in the vicinity of
the pipeline. Common carrier provisions of this paragraph do not apply to natural gas pipelines
operated by a:
o Person subject to regulation under the Natural Gas Act (15 U.S.C. 717 et sea.); or
o Public utility subject to regulation by state or municipal agencies with the authority to set
rates and charges for the sale of natural gas to consumers within the state or
municipality.
29. The holder will be liable for all fire suppression costs resulting from fires caused during
construction. All guidelines and restrictions imposed by agency fire control officials will be
followed.
30. Overland Pass shall monitor for subsidence during construction and operation in susceptible
areas. Overland Pass shall use appropriate design standards and ground monitoring devices to
assure pipeline integrity.
31. On the Ashley National Forest, topsoil shall not be removed from the temporary workspace area.
32. If water is present, all waterbodies (regardless of size and flow) and wetlands on federal lands
shall have an approved crossing structure consisting of either a temporary culvert, rock fill, or
equipment bridge. One pass of clearing equipment and equipment for installation of a bridge shall
be allowed across the waterbody or wetland.
33. On an as-needed basis as determined and specified through consultations with appropriate state
and federal fisheries and water quality agencies, power washing of equipment with water and
other chemicals as specified shall be required to avoid transfer of whirling disease, parasites, or
nuisance organisms after equipment crosses perennial streams. Suitable chemical treatments
may be used for equipment cleaning when sustained daytime temperatures are below freezing.
Any fluids used for this purpose that contain additives (e.g., chlorine) shall not be discharged to
streams or drainages, but shall be disposed of in an agency-approved manner at an appropriate
facility.
Exhibit B Page 6 of 7
; V 438
34. If water is withdrawn from the surface waters containing fisheries (e.g., for HDD or hydrostatic
testing) during the period from April i through October 31, Overland Pass shall utilize a filter
screen with a mesh size that would prevent impingement and entrainment of aquatic organisms.
The mesh size would be 3/32-inch to protect larval fish. For surface water withdrawals during
November 1 through March 31, a 0.5-inch mesh filter screen may be used.
35. Overland Pass shall use construction techniques applicable for flowing waterbodies when
dry/seasonally dry lake beds are crossed during saturated or inundated conditions.
36. On federal land, Overland Pass shall reduce the total construction ROW width to 60 feet in
riparian and wetland areas.
37. Prior to any discharge, hydrostatic testing water will be tested and processed to ensure that the
water meets local, state, or federal water quality standards. This includes meeting NPDES permit
requirements as stated in Chapter XVIII of the Wyoming Water Quality Rules and Regulations.
Prior to discharge of hydrostatic testing water from the pipeline, the holder shall design and install
a suitable energy dissipator(s) at the outlet(s), and design and install suitable channel protection
measures necessary to ensure that there will be no erosion or scouring of natural channels within
the affected watershed as a result of such discharge. Overland Pass would be responsible for
any erosion or scouring resulting from such discharge. Straw bales, sandbags, rock, or other
materials or objects installed will be removed from the site upon completion of hydrostatic testing.
38. To minimize impacts to waterbodies, wetlands, and riparian areas, Overland Pass shall set back
temporary workspace areas a minimum distance of 50 feet from the edge of waterbodies,
wetlands, or riparian areas, whichever distance would provide the greatest protection. The
distance shall be measured from the water bank of the waterbody, the margin of a wetland, and
the exterior edge of a riparian area. In addition, erosion and sediment control measures, including
but not limited to, silt fence, straw bales, berms, water bars, and mulching shall be installed
around each TWA to prevent soil movement into the nearby sensitive area.
39. Overland Pass shall continue to monitor and control invasive plant species and noxious weeds
along the ROW for the life of the project.
40_ The duration a trench is open shall be limited to 10 days from RP 0 to RP 110 on federal land
administered by the BLM Kemmerer and Rock Springs field offices. In areas with large amounts
of rock where trenching may take longer and may include blasting, Overland Pass may request
variances from this mitigation measure on a case-by-case basis.
41. To avoid impacts to kokanee salmon and brown trout movements and effects on habitat from ice
in the winter and high flows in the spring, construction across the Green River shall occur
between July 1 and August 15 or between October 15 and November 20. Overland Pass will
notify WGFD at least 72 hours prior to initiating construction at streams with sensitive fisheries
(see Table 3.5-2 in FEIS).
42. If there is perceptible flow within Bitter Creek at the time of crossing, Overland Pass shall use a
dry crossing method (dam-and-pump or flume method) to protect the flannelmouth sucker
populations.
43. Overland Pass shall prepare a plan prior to construction to be approved by the BLM to avoid
disturbance to Nelson's milkvetch plant locations. Overland Pass shall notify the Rock Springs
Field Office 48 hours in advance of anticipated construction, reclamation and monitoring activities
at Nelson's milkvetch plant locations so that the authorized officer can inspect or monitor
activities. No construction or surface disturbance in Nelson's milkvetch locations shall be
undertaken without a written NTP from the Authorized Officer.
Exhibit B Page 7 of 7
44. Overland Pass shall notify all federal grazing permit holders at least 5 days in advance of
construction activities. Additionally, Overland Pass must take measures to avoid cutting off
f2
access to rangeland for winter sheep operations.
45. Overland Pass shall post notification at recreation sites and on main access roads into these
recreation sites warning users of heavy traffic related to construction of the project.
46. In order to comply with BLM regulations at 43 CFR 2886. 10, prior to operating the pipeline,
Overland Pass must provide a certification to BLM in writing that it has constructed and tested the
pipeline in accordance with the terms of the ROW grant and it is in compliance with the plans,
specifications, and federal and state laws and regulations concerning the pipeline.
47. The Holder shall fund and implement a third party Compliance Program with the Authorized
Officer in accordance with the Compliance Monitoring Plan for the Overland Pass Pipeline
Proiect. February 2007.
V"" 4 3 91
C, 1
Oli~G3®
_,O 40
EXHIBIT C