HomeMy WebLinkAbout954718Form 2800 -18 Issuing Office Kemmerer Field Office
(Revised March 2004) Serial Number WYW- 171293
MOUNTAIN GAS RESOURCES, LLC
THE UNITED STATES
Department of the Interior C 4e 0 so
Bureau of Land Management
COMMUNICATIONS USE LEASE
(Lessee Name) (Billing Address 1)
Denver CO 80202 -1955
(City) (ST) (Zip Code)
of 1099 18 STREET, SUITE 1200
610
THIS LEASE, dated this 19 day of APRIL 20 10 by and between the UNITED STATES OF
AMERICA, acting through the Bureau of Land Management, Department of the Interior (hereinafter called the "United States"
or "Bureau of Land Management as authorized by the Act of October 21, 1976, and implementing regulations (90 Stat. 2743; 43
U.S.C. 1701, et seq.; 43 CFR 2800), and MOUNTAIN GAS RESOURCES, LLC its agents, successors, and assigns (hereinafter
called the "Lessee
The United States and the Lessee are jointly referred to herein as the "Parties." As used herein, the "Authorized Officer" refers to the
Bureau of Land Management official having the delegated authority to execute and administer this lease. Generally, unless otherwise
indicated, such authority may be exercised by the Field Manager or District Manager for the public lands wherein the following
described lands are located.
The United States, for and in consideration of the terms and conditions contained herein and the payment to the United States
of a rental in advance by the Lessee, does hereby grant to the Lessee a lease for the following described lands in the County
The parties agree that this lease is made subject to the following terms and conditions.
I. TENURE, RENEWAL AND TRANSFERABILITY
/.l 9V- S QLJ d-,
of LINCOLN State of WYOMING T. 21 N., R. 111 W., SECTION 18 :SE' /NW
(Legal Description)
(hereinafter called the "property The Lessee accepts this lease and possession of the property, subject to any valid existing rights,
and agrees not to use the property, or any part thereof, except as a site for only the construction, operation, maintenance, and
termination of a PRIVATE MOBILE RADIO SERVICE (PMRS) communications facility.
(Type of Communication Use)
The location of the property is shown generally on the site plan dated April 19, 2010 for the Sevenmile Communications
Site which is attached and made part hereof as Exhibit A. The facilities specifically authorized under this lease are shown on the plat
contained in Exhibit B. (Alternately, list all approved facilites here including buildings, roads, fences, towers, generators, tanks, etc.)
One 200' self supported triangular tower placed on a 30' x 30' concrete base within a 40' x 40' fenced area inside compressor site
(2) 5' x 5' buildings at the base of the tower.
The dated and initialed exhibit(s), attached hereto, are incorporated into and made a part of this instrument as fully and effectively as if
they were set forth herein in their entirety.
A. This lease will terminate at one minute after midnight on December 31, 2040 Termination at the end of the lease
term occurs by operation of law and does not require any additional notice or documentation by the Authorized Officer. This
lease is not renewable; but the Lessee has the right to request a new lease pursuant to paragraph "C" below.
RECEIVED 5/5/2010 at 5:17 PM
RECEIVING 954718
BOOK: 751 PAGE: 610
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
B. The Lessee will undertake and pursue with due diligence construction and operation that is authorized by this lease. To the
extent specified in Exhibit C construction will commence within 30 days of approval of this lease by the authorized officer
This lease will terminate if operation does not commence by that date, unless the parties agree in writing, in advance, to an
extension of the commencement date.
C. If the Lessee desires a new lease upon termination of this lease, the Lessee must notify the Authorized Officer accordingly,
in writing. The notice must be received by the Authorized Officer at least one year prior to the end of the lease term. The
Authorized Officer will determine if the use should continue and, if it is to continue, if a new lease should be issued to the Lessee
and under what conditions. The Authorized Officer will require payment of any amounts owed the United States under any
Bureau of Land Management authorization before issuance of another authorization.
D. This lease is assignable with prior written approval of the Authorized Officer. Renting of space does not constitute an
assignment under this clause.
II. RENTAL
A. The Lessee must pay in advance an annual rental determined by the Authorized Officer in accordance with law, regulation,
and policy. The annual rental will be adjusted by the Authorized Officer to reflect changes in fair market value, annual
adjustments using the Consumer Price Index -Urban (CPI -U), changes in tenant occupancy, or phase -in of rental, if applicable.
B. After the initial rental period rental payments are due at the close of the first business day after January 1 of each calendar
year for which a payment is due. Payments due the United States for this use must be deposited at Bureau of Land Management,
312 Highway 189 North, Kemmerer Wyoming 83101 in the form of a check or money order payable to
Bureau of Land Management, DOI. Credit card payments (VISA and MasterCard) can be made in person, through the mail, or
by telephone. This lease will terminate automatically if accrued rent is not received by the Bureau of Land Management within
90 calendar days after the initial due date for the payment of such rent.
C. Pursuant to the Federal Claims Collection Act of 1966, as amended, 31 U.S.C. 3717, et seq, regulations at 7 CFR Part 3,
Subpart B and 4 CFR Part 102, an interest charge will be assessed on any amount due but not received by the due date. Interest
will accrue from the date the payment was due. Administrative costs will also be assessed in the event that two or more billing
notices are required for unpaid accounts. In addition, an administrative penalty at a percentage rate prescribed by law or
regulation will be assessed for failure to pay any portion of the debt that is more that 90 days past due. This paragraph survives
the termination of this lease, regardless of cause.
Other late fee charges may be assessed in accordance with standard BLM accounting procedures and policy.
D. Disputed rentals are due and payable on or before the due date.
III. RESPONSIBILITIES OF THE LESSEE
A. The Lessee is authorized to rent space and provide other services to customers and/or tenants and must charge each
customer /tenant a reasonable rental without discrimination for the use and occupancy of the facilities and services provided. The
Lessee must impose no unreasonable restrictions nor any restriction restraining competition or trade practices. By October 15th
of each year, the Lessee must provide the Authorized Officer a certified statement, listing all tenants and customers, by category
of use, located within the facility on September 30th of that year.
B. All development, operation and maintenance of the authorized facility, improvements, and equipment located on the
property must be in accordance with stipulations in the communications site plan approved by the Authorized Officer. If required
by the Authorized Officer, all plans for development, layout, construction, or alteration of improvements on the property as well
as revisions of such plans, must be prepared by a licensed engineer, architect, and or landscape architect. Such plans must be
approved in writing by the Authorized Officer before commencement of any work. After completion, as -built plans, maps,
surveys, or other similar information will be provided to the Authorized Officer and appended to the communications site plan.
C. The Lessee must comply with applicable Federal, State, county, and municipal laws, regulations and standards for public
health and safety, environmental protection, siting, construction, operation, and maintenance in exercising the rights granted by
this lease. The obligations of the Lessee under this lease are not contingent upon any duty of the Authorized Officer, or other
agent of the United States, to inspect the premises. A failure by the United States, or other governmental officials, to inspect is
not a defense to noncompliance with any of the terms or conditions of this lease. Lessee waives all defenses of laches or estoppel
against the United States. The Lessee must at all times keep the title of the United States to the property free and clear of all liens
and encumbrances.
612
D. Use of communications equipment is contingent upon the possession of a valid Federal Communications Commission
(FCC) or Director of Telecommunications Management/Interdepartmental Radio Advisory Committee (DTM /IRAC)
authorization (if required), and the operation of the equipment is in strict compliance with applicable requirements of FCC or
IRAC. A copy of each applicable license or authorization must at all times be maintained by the Lessee for each transmitter
being operated. The Lessee must provide the Authorized Officer, when requested, with current copies of all licenses for
equipment in or on facilities covered by this lease.
E. The Lessee must ensure that equipment within his or her facility (including tenant and customer equipment) operates in a
manner which will not cause harmful interference with the operation of existing equipment on or adjacent to the communications
site. If the Authorized Officer or authorized official of the Federal Communications Commission (FCC) determines that the
Lessee's use interferes with existing equipment, the Lessee must promptly take the necessary steps to eliminate or reduce the
harmful interference to the satisfaction of the Authorized Officer or FCC official.
F. When requested by the Authorized Officer, the Lessee must furnish technical information concerning the equipment located
on the property.
IV. LIABILITIES
A. The Lessee assumes all risk of loss to the authorized improvements.
B. The Lessee must comply with all applicable Federal, State, and local laws, regulations, and standards, including but not
limited to, the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., the Resource Conservation and Recovery Act, 42
U.S.C. 6901 et seq., the Comprehensive Environmental Response, Control, and Liability Act, 42 U.S. C. 9601 et seq., and other
relevant environmental laws, as well as public health and safety laws and other laws relating to the siting, construction, operation,
and maintenance of any facility, improvement, or equipment on the property.
C. The Lessee must indemnify, defend, and hold the United States harmless for any violations incurred under any such laws
and regulations or for judgments, claims, or demands assessed against the United States in connection with the Lessee's use or
occupancy of the property. The Lessee's indemnification of the United States must include any loss by personal injury, loss of
life or damage to property in connection with the occupancy or use of the property during the term of this lease. Indemnification
must include, but is not limited to, the value of resources damaged or destroyed; the costs of restoration, cleanup, or other
mitigation; fire suppression or other types of abatement costs; third party claims and judgments; and all administrative, interest,
and other legal costs. This paragraph survives the termination or revocation of this lease, regardless of cause.
D. The United States has no duty, either before or during the lease term, to inspect the property or to warn of hazards and, if
the United States inspects the property, it will incur no additional duty nor any liability for hazards not identified or discovered
through such inspections. This paragraph survives the termination or revocation of this lease, regardless of cause.
E. The Lessee has an affirmative duty to protect from damage the land, property, and interests of the United States.
User notes for optional clause E(1):
1. Use clause E(1) in conjunction with clause E in situations in which the Authorized Officer determines that the
risk to public lands, resources, or interest is greater than the Lessee's assets or ability to correct.
2. If Lessee is a State or political subdivision thereof and such entity has statutory or constitutional authorities
limiting the amount of liability or indemnification payable, the Authorized Officer must prepare a risk assessment to
determine the United State's potential for losses due to personal injury, loss of life, or property damage caused by
the State's use or occupancy. If the Authorized Officer determines, through the risk assessment that the potential
for injury, loss, or damage caused by the State's use or occupancy is in excess of the State's liability limitation, the
State must procure, as a requirement to be fulfilled before execution of this lease, insurance (see below), and name
the United States, together with the State, as an insured on the policy(s), in the amount determined in the risk
assessment that exceeds the State's liability limitation.
E. (1). The Lessee must maintain N/A worth of insurance coverage, naming the United States
additionally insured on the policies(s), to partially fund the indemnification obligations of the Lessee for any and all losses due to
personal injury, loss of life, or property damage, including fire suppression and hazardous waste costs. The Lessee must furnish
proof of insurance (such as a surety bond, or certificate of insurance) to the Authorized Officer prior to execution of this lease
and verify annually, and in writing, the insurance obligation to the Authorized Officer. The Authorized Officer may allow the
Lessee to replace, repair, restore, or otherwise undertake necessary curative actions, to the satisfaction of the Authorized Officer,
in order to mitigate damages in addition to or an as alternative to monetary indemnification.
F. In the event of any breach of the lease by the Lessee, the Authorized Officer may, on reasonable notice, cure the breach at
the expense of the Lessee. If the Bureau of Land Management at any time pays any sum of money or does any act which requires
payment of money, or incurs any expense, including reasonable attorney's fees, in instituting, prosecuting, and/or defending any
action or proceeding to enforce the United States rights hereunder, the sum or sums so paid by the United States, with all
interests, costs and damages will, at the election of the Bureau of Land Management, be deemed to be additional rental hereunder
and will be due from the Lessee to the Bureau of Land Management on the first day of the month following such election.
V. OTHER PROVISIONS
A. Nondiscrimination. The Lessee must at all times operate the described property and its appurtenant areas and its buildings
and facilities, whether or not on the property, in full compliance with Title VI of the Civil Rights Act of 1964 and all
requirements imposed by or pursuant to the regulations issued thereunder by the Department of the Interior and in effect on the
date this lease is granted to the end that no person in the United States will, on the grounds of race, sex, color, religion, or
national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any of the
programs or activities provided thereon.
B. Termination and Suspension.
1. General. For purposes of this lease, termination and suspension refer to the cessation of uses and privileges under
the lease.
"Termination" refers to an action by the Authorized Officer to end the lease because of noncompliance with any of
the prescribed terms, abandonment, or for reasons in the public interest. Termination also occurs when, by the terms
of the lease, a fixed or agreed upon condition, event, or time occurs. For example, the lease terminates at expiration.
Termination ends the Lessee's right to use the public land for communication purposes.
"Suspension" is a temporary action and the privileges may be restored upon the occurrence of prescribed actions or
conditions.
2. This lease may be suspended or terminated upon breach of any of the terms or conditions herein or upon nonuse, or
when in the public interest. Nonuse refers to a failure to operate consistently the facilities on the property for any period
during the term in excess of 180 days. When suspended or terminated in the public interest, the Lessee will be compensated
subject to the availability of appropriated funds. Compensation will be based upon the initial cost of improvements located
on the lease, less depreciation as allocated over the life of the improvements as evidenced by the Lessee's Federal tax
amortization schedules.
3. Except in emergencies, or in case of nonuse, the Authorized Officer will give the Lessee written notice of the
grounds for termination or suspension and a reasonable time, not to exceed 90 days, to complete the corrective action. After
the prescribed period, the Bureau of Land Management is entitled to such remedies as are provided herein.
4. Any discretionary decisions or determinations by the Authorized Officer on termination or suspension are subject to
appeal in accordance with the regulations in Title 43, Code of Federal Regulations.
C. Restoration
G14
1. In the event the Authorized Officer decides not to issue a new lease, or the Lessee does not desire a new lease, the
Lessee must, prior to the termination of this lease, restore and stabilize the site to the satisfaction of the Authorized Officer.
2. In the event this lease is revoked for noncompliance, the Lessee must remove all structures and improvements within
a reasonable period as determined by the Authorized Officer, except those owned by the United States, and must restore the
site as nearly as reasonably possible to its original condition unless this requirement is otherwise waived in writing by the
Authorized Officer.
3. If the Lessee fails to remove all structures or improvements within the prescribed period, they will become the
property of the United States and may be sold, destroyed, or otherwise disposed of without any liability to the United States.
D. Members of Congress. No member of or Delegate to Congress or Resident Commissioner may benefit from this lease either
directly or indirectly, except when the lease provides a general benefit to a corporation.
E. Reservations. This lease is granted subject to the following reservations by the United States:
1. The right to all natural resource products now or hereafter located on the property unless stated otherwise herein, and
the right to obtain, utilize, or dispose of such resources insofar as the rights and possession of the Lessee are not
unreasonably affected.
2. The right to modify the communications site plan as deemed necessary.
3. The right to enter upon the lease and inspect all facilities to assure compliance with the conditions of this lease.
4. The right of the United States to use or to authorize the use of the property for compatible uses, including the
subsurface and air space.
In the event of any conflict between any of the proceeding printed clauses or any provisions thereof and any of the following clauses or
any provision thereof, the preceding printed clauses control.
User Note: Additional conditions may be added as an exhibit to address special concerns.
SPECIAL TERMS, CONDITIONS AND STIPULATIONS ARE ATTACHED IN EXHIBIT "C
ACCEPTED this '2-15-r day of 20 ('O I, the undersigned have read, understand
and accept the terms and conditions of this lease.
UNITED STATES OF AMERICA
ature of Authorized Officer)
(Printed Name of Authorized Officer)
Ro Kt OL
Lessee
t `I 6 44. acC1'"
User Note: If a corporation is the Lessee, the title of the duly authorized official signing on behalf of the corporation should be
added to the signature block.
IN WITNESS WHEREOF, the Bureau of Land Management, by its Authorized Officer, has executed this lease on the day and year
first written above.
off.. tvia&,
(Title of Authorized Officer)
26 it
(Date)
ISKEY
,MRO8-
SEVEN :MIL
#10,-
RIFFIN ASSOCIATES, INC.
1414 ELK ST., ROCK SPRINGS, WY 82901
'EVEN MILE GULC14..,
#20-y3
EbETAIL t
PROPOSED PARCEL FOR
MOUNTAIN GAS RESOURCES
SEVEN MILE COMMUNICATION SITE
SECTION 18, T21N, Rill W
REVISED: N/A
DRG JOB No. 17799
TOPO MAP
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LAI iioit A
WYVV-171293
April 19, 2010
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ANADARKO PETROLEUM CORPORATION
PROPOSED COMMUNICATION TOWER INSTALLATION (Revised)
SEVENMILE COMPRESSOR SITE
SE1/4NW /4 of Section 18, T21N, R111W, Lincoln County, Wyoming
B) The proposed tower will be manufactured by Sabre Communication Corporation.
Exhibit B
WYW- 171293
April 19, 2010
A) The proposed tower installation will provide wireless communication from the Sevenmile
Compressor Site to a management team in the Green River, Wyoming office. Production
information such as daily and hourly natural gas volumes will be distributed by this proposed
tower.
C) The height of the tower will be 200 feet and will be a self supported triangular tower
as shown on an attached drawing, (Tower Profile Revision F.)
D) The tower will be inside a 40' X 40' fenced area inside the Sevenmile Compressor Site
which is also fenced.
E) The tower base will be 30 feet square, made of concrete and equally spaced rebar (see the
attached construction drawing)
F) The following equipment will initially be hung on the tower when construction is completed.
One 4' dish, three 16" x 8" panel antennas, two 9' omni "straight" antennas.
G) There will only be one 5' x 5' building. They are made of desert brown fiberglass
material. There will be a data equipment shelf holding approximately 6 small electronic
radio and /or network controllers. This equipment will be located inside the building.
H) This system will help Anadarko reduce vehicle traffic in the area.
I) Construction will begin within 5 days of the BLM (KFO) approval of this proposal.
It's very important that this tower be constructed and ready for service as soon as possible.
J) The construction of this tower will be inside the fenced Compressor yard so no new surface
disturbance will occur. No reclamation will be required. The construction area is free of
weeds, grasses, and other vegetation which would be a fire hazard.
K) Electrical power for the communication tower will come from an existing power source inside
the compressor. The power cable to the tower will be buried.
L) All work will be done using the standard Anadarko Gas Plant safety guidelines.
II
SIZES ARE PRELIMINARY AND MAY CHANGE UPON FINAL DESIGN
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335.31
Prepared for:
BM INC
PO Box 1848
Vernal, UT 8
Sabre
Towers Poles
Division of Sabre Industries, Inc,
250'
240'
220'
200'
180'
160'
--140'
--120'--
100'--
-80'
-40'
-20'
—0'
TOWER PROFILE REVISION F
5 -0
21' -0"
Proposal No.: 10- 4490 -RSS
Date: 11/0412009
Reference: 250' S3TL Green River, WY
Material Llst
NOTES
BASE REACTIONS
Axial Load (kips): 35.5
Shear Per Leg (kips): 18.07
Total Shear (kips): 29,3
Uplift Per Leg (kips): 173
Comp. Per Leg ('kips): 205
O.T. Moment (1t ki0): 3500
2101 Murray Street P.O. Box 658 Sioux City. IA 51102 -0658 -Phone 712258.6690 Fax 712.258.8250
Exhibit B(1)
WYW- 171293
April 19, 2010
1. All legs ere 50 ksi
2. All braces are 36 ksi
3. All bolts except anchor bolts are A325-X
4. Anchor bolts are P1554
Information contained herein is the sole property of Sabre Communications Corporation, constitutes a trade secret as defined by
Iowa Coda Ch. 550 and shell not be reproduced, copied or used in whole or part for any purpose whatsoever without the prior
written consent of Sabre Communications Corporation.
(FAS
Rebar Schedule per Mat and per Pier
Pier
(10) #9 vertical rebar w /hooks at bottom
w #4 Rebar ties, two (2) within top 5" of pier
then 12" C/C
Mat
(32) #8 horizontal rebar evenly spaced each
way top and bottom. (1 total)
Sabre
%owe&Pes
15` =0"
250 ft. Model S3TL Self Supporting Tower At
80 mph Wind 0.5 in. Ice per ANSI/TIA/EIA- 222 -F -1996.
Antenna Loading per Page 1
PRELIMINARY -NOT FOR CONSTRUCTION
Center of Tower
and Foundation
30' -0"
PLAN VIEW
15' -0"
ELEVATION VIEW
(52.18 Cu. Yds.)
(1 REQUIRED; NOT TO SCALE)
Customer: BHI INC
Site: Green River, WY
Two(2) #4 ties
within top 5" of
concrete
4
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0
in
0
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No.
2101 Murray St P.O.Box 658 Sioux City, IA 51102 -0658 Phone 712.258.6690 Fax 712.258.8250
Exhibit B(2)
WYW- 171293
April 19, 2010
Date: 11/4/09
By:
Notes:
1). Concrete shall have a minimum
28 -day compressive strength of
3000 PSI, in accordance with
ACI 318 -05.
3). All rebar to have a minimum of 3"
concrete cover.
4). All exposed concrete corners to be
chamfered 3/4
X1.9
2). Rebar to conforrn to ASTM specification
A615 Grade 60.
5). The foundation design is based on
"Normal Soils" as defined in ANSI/TIA/EIA-
222-F. it is recommended that a soil
analysis of the site be performed to verify the
soil parameters used in the design.
Information contained herein is the sole property of Sabte Towers Poles, constitutes a trade secret as defined by Iowa Code Ch. 550 and shall not be
reproduced, copied or used in whole or part for any purpose whatsoever without the prior written consent of Sabre Towers Poles.
EXHIBIT "C"
Additional Stipulations
Mountain Gas Resoruces, LLC
Sevenmile Communication Site
WYW- 171293
Exrnor
WYW- 171293
April 19, 2010
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 April 19, 2010. 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. 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. The Holder shall suspend all operations in the immediate area
of such discovery until written authorization to proceed is issued by the Authorized Officer. 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 Officer after consulting with the Holder.
3. The Holder shall be responsible for total control of all invasive /noxious weeds species, (including
halogetan and cheatgrass) on any and all disturbed site(s) on public lands, including areas
outside the development where weeds have established due to project installation and
development.
All vehicles and equipment used for project construction and developments need to be power or
high pressure washed prior to entering the project area to ensure they are free of mud, dirt, and
plant parts that may create a weed problem.
Gravel or materials used to surface or upgrade access roads or in project development needs to
be acquired from a weed free gravel pit.
Guidelines in Partners Against Weeds, An Action Plan for the Bureau of Land Management
needs to be followed as outlined in Appendix 4 as a prototype for weed prevention measures on
public lands.
The Holder is responsible for consultation with the authorized officer and /or local authorities for
acceptable weed control methods, and shall comply with the following:
Use of pesticides /herbicides shall comply with the applicable Federal and State Laws. It is a
violation of Federal Law to use any product in a manner that is inconsistent with its labeling.
Pesticides /Herbicides 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 /herbicides,
the Holder shall obtain from the authorized officer written approval of a plan showing the type and
quantity of material to be used, pest(s) to be controlled, method of application, a map showing the
treatment areas, locations of storage and disposal of containers, and any other information
deemed necessary by the authorized officer.
Only those chemicals (pesticides, herbicides, and adjuvants) listed on the BLM approved label list
are authorized for use on public lands. A Pesticide Use Proposal (PUP) must be submitted for
620
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 Applicators License.
Pesticide /Herbicide Application Records for the areas and acres treated must be submitted to the
Bureau of Land Management (BLM) Kemmerer Field Office each year. This includes the
following:
Brand or Product name
EPA registration number
Total amount applied (use rate #A.I. /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
The record information must be recorded no later than 14 days following the pesticide /herbicide
application and must be maintained for 10 years.
4. The Holder shall conduct all activities associated with the construction, operation, and termination
of the right -of -way within the authorized limits of the right -of -way.
5. All permanent above ground structures at the Sevenmile Communication Site, including the
existing above ground facilities known as the Sevenmile Compressor Site, 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 Covert Green, or be an acceptable substitute pre- approved
by the Authorized Officer. Standard environmental color charts are available from the local BLM
Office.
6. The Holder shall within 30 days following completion of the facility, submit proof of construction.
Said proof shall include as built' drawings of site construction, location of building, tower, roads,
utility lines, and an 'as built' drawing of the building showing all changes from the approved
design. Final approval and occupancy will not be allowed until these drawings are approved by
the Authorized Officer.
7. Ninety 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 will be held to agree to an
acceptable termination (and rehabilitation) plan. This plan shall include, but is not limited to,
removal of facilities, drainage structures, or surface material, recontouring, topsoiling, or seeding.
The Authorized Officer must approve the plan in writing prior to the holder's commencement of
any termination activities.
8. Upon completion of construction, the Holder shall post as directed by the Authorized Officer, the
BLM serial number assigned to this right -of -way grant at the following location(s). On the door
of the building.