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HomeMy WebLinkAbout969601FORM 2800 -14 (August 1985) 11 RECEIVED 2/21/2013 at 2:22 PM RECEIVING 969601 BOOK: 805 PAGE: 179 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WGR Operating, LP 1099 18 Street, Suite 1800 Denver, Colorado 80202 -1955 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT -OF -WAY GRANT SERIAL NUMBER WYW- 171350 Sixth Principle Meridian, Lincoln County, Wyoming T. 22 N., R. 112 W., sec. 22, S' /2NEY4, SE'Y4NWY4, N'AN %ZSE%. doLfcours &17 00.1.V) Issuing Office KEMMERER FIELD OFFICE OCkAi P ca lf 1. 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: receives a right to construct, operate, maintain, and terminate a 6" natural gas pipeline for the Cow Hollow 213, 214, 215 -23D wells, on Federal lands described as follows: b. The right -of -way area granted herein is 50 feet wide, 3,391 feet long and contains 3.892 acres, more or Tess. c. This instrument shall terminate on December 31, 2040, unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. d. This instrument may be renewed. If renewed, the right -of -way 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, abandonment, 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. 6 3. Rental: 0 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. Terms and Conditions: a. This grant is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2880. b. Upon grant termination by the authorized officer, all improvements shall be removed from the Federal lands within 90 days, or otherwise disposed of as provided in paragraph (4)(c) or as directed by the authorized officer. c. The stipulations, plans, maps, or designs set forth in Exhibits A and B, dated August 19, 2011 and Exhibit C dated November 14, 2011, attached hereto, 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. d. 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 20 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. e. Failure of the holder to comply with applicable law or any provision of this right -of -way grant 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. g. 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 November 15, 2011. 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. h. 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 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. The Holder shall be responsible for total 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. If at all possible all vehicles and equipment used for project construction and developments should be power or high pressure washed prior to entering the project area. 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 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. 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 Field Office each year. This includes the following: Brand or Product name EPA registration number Total amount applied (use rate #A.l. /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 application and must be maintained for two years. Use of herbicides on public lands must comply with the labeled use as specified and outlined for each individual herbicide label. effi 0 C. In the event that the public land underlying the right -of -way (ROW) encompassed in this grant, or a portion thereof, is conveyed out of Federal ownership and administration of the ROW or the land underlying the ROW is not being reserved to the United States in the patent/deed, and /or the ROW is not within a ROW corridor being reserved to the United States in the patent/deed, the United States waives any right it has to administer the right- of -way or portion thereof, within the conveyed and under Federal Laws, statutes, and regulations, including the regulations at 43 CFR Part 2800 or 2880, including any rights to have the holder apply to BLM for amendments, modifications, or assignments and for BLM to approve or recognize such amendments, modifications, or assignments. At the time of conveyance, the patentee /grantee, and their successors and assigns, shall succeed to the interests of the United States in all matters relating to the right -of -way, or portion thereof, within the conveyed land and shall be subject to applicable State and local government laws, statutes, and ordinances. After conveyance, any disputes concerning compliance with the use and the terms and conditions of the ROW shall be considered a civil matter between the patentee /grantee and the ROW Holder. k. The holder shall seed all disturbed areas, using an agreed upon method suitable for the location. Seeding shall be repeated if a satisfactory stand is not obtained as determined by the authorizing officer upon evaluation after the second growing season. 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. m. The Holder shall re- contour the disturbed area and obliterate all earthwork by removing embankments, backfilling excavations, and grading to re- establish the approximate original contours of the land in the right -of -way. n. Construction activity and surface disturbance will be prohibited during the period from April 15 through September 15 for the protection of Burrowing Owl habitat. p• q. Construction activity and surface disturbance will be prohibited during the period from April 10 through July 10 for the protection of Mountain Plover habitat. Avoidance of habitat where possible, or minimize disturbance for the protection of Sage obligate Birds, Pygmy rabbit and White tailed prairie dog habitat. o. The Holder shall remove only the minimum amount of vegetation necessary for the construction of structures and facilities. Topsoil shall be conserved during excavation and reused as cover on disturbed areas to facilitate re- growth of vegetation. No construction or routine maintenance activities shall be performed during periods when the soil is too wet to adequately support construction equipment. If such equipment creates ruts in excess of four (4) inches deep, the soil shall be deemed too wet to adequately support construction equipment. All permanent above ground structures at the, 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. r. If during any phase of the construction, operation, or termination of the pipeline or related facilities any oil or other pollutant should be discharged from the pipeline system, or from containers, or vehicles impacting Federal lands, the control and total removal, disposal, and cleanup of such oil or other pollutant, wherever found, shall be the responsibility of the Holder, regardless of fault. Upon failure of Holder to control, cleanup, or dispose of such discharge on or affecting Federal lands, or to repair all damages to Federal lands resulting therefrom, the Authorized Officer may take such measures as he deems necessary to 00 i 0 control and cleanup the discharge and restore the area, including, where appropriate, the aquatic environment and fish and wildlife habitats, at the full expense of the Holder. Such action by the Authorized Officer shall not relieve the Holder of any liability or responsibility. s. All design, material, and construction, operation, maintenance and termination practices shall be in accordance with safe and proven engineering practices. t. The Holder shall meet Federal, State, and local emission standards for air quality. u. Within 30 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. v. 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 BLM 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 BLM right -of -way monuments or references are obliterated during operations, the Holder shall secure the services of a registered land surveyor or a BLM 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 the BLM cadastral surveyors or other Federal surveyors are used to restore the disturbed survey monument, the holder shall be responsible for the survey cost. w. 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. x. Except rights -of -way expressly authorizing a road after construction of the facility is completed, the Holder shall not use the right -of -way as a road for purposes other than routine maintenance as determined necessary by the Authorized Officer in consultation with the Holder. IN WITNES EOF, The undersigned agrees to the terms a d condit (Signature of Holder) K Rt5. (Title) ove l (a, 20 t (Date) ns of this ri. t- •.d�'- rant. (Effective Date of Grant) I. PROJECT DESCRIPTION PLAN OF DEVELOPMENT To Accompany Cow Hollow #213, 214, 215 -23D Well Connect Gas Gathering Pipeline Application The buried 6 inch steel pipeline will head in a Westerly direction from the proposed Cow Hollow #213, 214, 215 -23D well pad that is staked in the NW /4NE1/4 of Section 23, Township 22 North, Range 112 West to a point on a proposed pipeline that is staked in the SE /4NW /4 of Section 22, Township 22 North, Range 112 West, of Lincoln County, Wyoming. The total length of the ROW is approximately 6,680 feet, of which 3,469 feet are on Federal lands. A 50 foot wide corridor is requested for construction, operational and maintenance purposes, containing ±3.982 acres. The pipeline will consist of a 6 inch pipe, 0.188 inch wall thickness, Grade X -42 pipe with a maximum operating pressure of approximately 1200 psig. The average operating temperature of the pipeline is between 50 °F and 60 °F. Associated facilities include valving and metering. II. RECONNAISSANCE AND LOCATION L_ni IILIIL r� WYW- 171350 August 19, 2011 00 All permanent above ground facilities, piping, and valving will be a flat, non contrasting color harmonious with the surrounding landscape. Present warehouse stock colors comprise of Carlsbad Canyon (2.5Y 6/2) or Shale Green (5Y 4/2). Reconnaissance reveals that the route selected was the most practical route in relation to the well location and the nearest collector pipeline. No other alternatives were considered because the proposed route utilizes existing surface scars as much as possible. III. ANCILLARY RIGHTS OF WAY AND PERMITS WGR Operating LP. will secure all rights of way on adjacent non federal lands prior to pipeline construction WGR Operating LP. will notify authorized ROW users of WGR Operating LP's proposed pipeline crossings or overlaps on the grounds occupied by the affected ROW users. Any associated road and utility permits will be secured from the appropriate regulatory agency prior to construction. All equipment and vehicular access into the pipeline project will be confined to existing roads and the established ROW corridor. No major reconstruction or rerouting of these roads is intended. III IV. DESIGN The design, construction, engineering, maintenance and inspection of the proposed pipeline will be directed by WGR Operating LP. personnel. V. CONSTRUCTION All design, material, and construction, operation, maintenance, and termination practices shall be in accordance with safe and proven engineering practices. All equipment and vehicular access into the pipeline project will be confined to existing roads and the established ROW corridor. No major reconstruction or rerouting of these roads is intended. 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 human waste, trash, garbage, refuse, oil drums, petroleum products, ashes and equipment. A litter policing program shall be implemented by the holder, and approved of in writing by the authorized officer, which covers all roads and sites associated with the ROW. Pipeline construction will commence when all permits and ROW documents have been secured. WGR Operating LP. will notify the authorized officer 5 days in advance of starting any construction activities. All private surface landowners will be contacted prior to construction for access and surface usage. WGR Operating LP. will not allow any construction or routine maintenance active s during periods when soil is too wet to adequately support construction equipment f such equipment creates surface ruts in excess of 4 inches deep, WGR Operating will deem that soil conditions are too wet to adequately support constructn equipment. Construction activities will not be allowed until soil conditions improve. Winter construction will not proceed /continue if the frost is deeper than one -.t. Frost less than one -foot deep will be stockpiled as topsoil. The BLM will be contqcLed prior to construction in winter conditions. co Construction of the proposed pipeline will occur in a planned sequence of pipeline operations along the route. The construction period will commence as follows: Fifteen (15) working days contingent upon weather conditions. All construction materials will be hauled to the job by truck, as needed, and strung along the ROW as it arrives. Pipe will be strung in such a manner as to cause the least interference with the normal use of the land crossed by the ROW. A motor 001.8~ IV grader with a blade will be used to knock down vegetation, such as sage brush within as much of the permanent ROW as is needed to provide a safe working area. A minimum of the top six inches of soil, more or Tess if the BLM deems necessary, will be stock piled on the side of the ROW and spread back over the area from which it was taken, after the final grading. Spoil and topsoil would be windrowed separated along the nonworking side of the trench. (If approved in writing by the authorized officer, WGR Operating LP. will use a brush hog to cut down vegetation, such as sage brush within as much of the ROW as is needed, no topsoil will be bladed to the side of the ROW. Except in cases where vegetation is too dense to be removed or in the interest of providing a safe working area.) A wheel trencher will be used to dig a trench to an average depth of 48 inches, stacking the dirt beside the ditch. After the pipe is placed in the ditch a motor grader or caterpillar will be used to push the dirt back into the trench. The fill on the trench will then be tamped into place with the grader wheels, leaving a berm of four inches to accommodate settling. Disturbance of the top soil within the ROW will be kept to a minimum. In areas of excessively steep hillsides or to provide a smooth approach to a cut or gully, as well as at stream bank crossings and at established work stations, some blading may be required to provide a safe and suitable working area for the equipment and workers. When this occurs the top six inches of soil will be stock piled on the side of the ROW and spread back over the area from which it was taken, after the final grading. Before seeding any disturbed areas (if applicable), the ROW will be restored to its original form, slope, contour, and soil density to the extent practicable. In areas of Desert Pavement terrain, no topsoil will be removed, and for minimal disturbance of the desert pavement, the pipeline will be laid ±8' from the outside shoulder of the borrow ditch. The spoil from the ditch will be put into the borrow ditch and flattened to provide a safe work area. Only the areas that require blading for safety reasons will be bladed. At those areas along the pipeline where connections to future wells are planned, the centerline of the pipeline will be installed 15' from the shoulder of the borrow ditch in order to provide adequate room for above ground facilities and required protective guards. After the pipelir eis installed in the ditch, WGR will use the original spoil from the borrow ditch area back -fill the trench. The trench will be compacted in lifts using the motor -grer tire. Then final clean -up will take place. WGR will be using air as a test mediupl,to test the pipeline to a 1200 psi maop. :v For drainages which are 8 to 10 feet deep or deeper, WGR will install a form oip- rap (rock) on the drainage bottom and will use geo -tech matting to stabilizJhe banks of the wash. WGR will install erosion control measures per Wyoming DEQ,and BLM standards. Whenever a new proposed pipeline needs to be installed next-lo a new well or area access road, in an area where a culvert is present, WGR will coordinate the pipeline installation with the producer or whom ever is responsible for the access or area road. V The construction force is expected to number approximately six to eight persons at the peak of construction. No temporary work camps are proposed. The following is a list of construction equipment proposed on the pipeline project: a. 5 Welding Trucks b. 1 Tractor Trailer c. 1 Two Ton Truck d. 5 Pickup Trucks e. 1 Seed Driller and Tractor (if applicable) f. 1 Rubber Tired Backhoe g. 1 Trackhoe h. 1 Side Boom i. 1 Trencher j. 1 Caterpillar Dozer After pipeline construction is completed, pipeline markers will be installed at specified intervals for identifying the pipe's location. No toxic substances are proposed for use in connection with the construction project; however if toxic substances are required, usage shall conform with provisions of the Toxic Substances Control Act of 1976, as amended (40 CFR Part 702 -799). Any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity as established by 40 CFR Part 117.3 shall be reported as required by the Comprehensive Environmental Response, Compensation, and Liability Act, Section 102 B. A copy of any requested report required by any Federal or State agency of a reportable release or spill of any hazardous material shall be furnished to the authorized officer within 5 working days of the occurrence of the spill or release. The holder(s) shall comply with all applicable Federal laws and regulations existing hereafter enacted or promulgated. In any event, the holder(s) shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C. 2601, et seq.) wife? regard to any toxic substances that are used, generated by or stored on the ROW,er. on facilities authorized under this ROW grant.(See 40 CFR, Part 702 -799 atiV especially, provisions on polychlorinated biphenyls, 40 CFR 761.1 761.1930 Additionally, any release of toxic substances (leaks, spills, etc.) in excess of tl reportable quantity established by 40 CFR, Part 117 shall be reported as require the Comprehensive Environmental Response, Compensation and Liability Act,._of 1980, Section 102b. A copy of any report required or requested by any Fedl agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the authorized officer concurrent with the filing of the reports to the involved Federal agency or State government. The holder of ROW No. 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 seq. or the Resource Conservation and Recovery Act of 1976, 42 U.S.C.6901 et seq.) on the ROW (unless 0 rrirri b ra r V I the release or threatened release is wholly unrelated to the ROW holder's activity on the ROW. This agreement applied without regard to whether a release is caused by the holder, its agent, or unrelated third parties. WGR Operating LP. will not conduct hydrostatic testing on the pipeline, it's WGR Operating LP. and its subsidiaries policy not to conduct hydrostatic testing on pipelines less than 26,400 feet in length therefore no water will not be used to test this pipeline. IV OPERATION AND MAINTENANCE The pipeline will be routinely patrolled and inspected by foot or by vehicle to check for problems such as erosion, ROW condition, unauthorized encroachment on the ROW and any other situations that could cause a safety hazard or require preventive maintenance. If damage shall occur to the pipe from external sources, repair or replacement of the portion of the pipeline may be necessary. Detailed line break and emergency procedures are used as routine operational procedures of WGR Operating LP. The holder shall conduct all activities associated with the construction, operation, and termination of the ROW within the authorized limits of the ROW. VII STABILIZATION AND ABANDONMENT Following the completion of the pipeline, the ROW traversed by the pipeline construction will be restored in accordance with the landowner's requirement, or those agencies having jurisdiction. All disturbed areas will be re- contoured so that the disturbed area blends into the surrounding terrain. Appropriate measures will be taken to prevent erosion through the use of construction diversion terraces, rip -rap, matting, and water bars. All disturbed areas along the pipeline corridor will be reseeded to the landowner's regulatory agency's specifications. Seed will be planted using a drill and in areas not suitable for drilling, the seed will be broadcasted and raked or chained to cover ti seed. The application rate and seed mixture will comply to the landowner's or regulatory agency's specifications. ,v Upland Sites Seed Mix Species Variety Drill Seeding Rate Western wheatgrass Rosanna 6 lbs/acre PLS Thickspike wheatgrass Critana 6 lbs/acre PLS Indian Ricegrass Nezpar 3 lbs/acre PLS Shadscale saltbush 3 lbs/acre PLS Globemallow 0.5 lbs/acre PLS Total 18.5 lbs/acre N1 ,0 (1') C.= LJ 4- CO VII Salin Lowlands SeedMix Species Variety Drill Seeding Rate Western wheatgrass Rosanna 6 Ibs /acre PLS Bottlebrush squirreltail 3 Ibs /acre PLS Gardner saltbush 2 Ibs /acre PLS Indian ricegrass 4 Ibs /acre PLS Wet Meadow /Marsh Seed Mix Species Alkali sacaton Nebraska sedge Tufted hairgrass Alkali grass Desert Pavement Sites Seed Mix Species Bottlebrush Squirreltail Indian Ricegrass Rocky Mountain Bee Plant Total 15 Ibs /acre Variety Total 10 Ibs /acre Variety Nezpar Drill Seeding Rate 3 Ibs /acre PLS 1 Ibs /acre PLS 2 Ibs /acre PLS 4 Ibs /acre PLS Drill Seeding Rate 3 Ibs /acre PLS 4 Ibs /acre PLS 0.25 Ibs /acre PLS Total 7.25 Ibs /acre Pure Live Seed (PLS) formula: of purity of seed mixture times germination of seed mixture= portion of seed mixture that is PLS. If pesticides are required, WGR Operating LP. will comply with all applicable Fetitgral 03 and State laws. Pesticides will be used in accordance with registered usesnd r— within limitations imposed by the Secretary of Interior. Before using pesticts, (including emergency situations), WGR Operating LP. will obtain from the auth'ied officer a written approval of a plan showing the type and quantity of material used, q pest(s) to be controlled, method of application, location of storage, dispoR1 of 1.41 containers, and any other information deemed necessary. WGR Operating LP. will be responsible for weed control on the disturbed areas`FMthin the established limits of the ROW. WGR Operating LP. will coordinate with the authorized officer or local authorities, to obtain acceptable weed control methods for the disturbed areas within the ROW limits. VIII WGR Operating LP. will obtain any necessary authorization to abandon the facilities from the appropriate regulatory agency. The pipeline will be capped and abandon in place, aboveground pipeline facilities will be removed and all unsalvageable materials will disposed of at authorized sites. Re- grading and re- vegetation of disturbed and areas (if applicable) will be completed as necessary. Cow Hollow #213, 214, 215 -23D Well Connect --c IX ml•i•TrA•11:41111= PIPELINE Set DRTAIL CO Mer_LOV a USA 3468.7_17 \.RoAb cRosimcri-T 3211.1'd: 642;6 UINTA DEVELOPmEIVI' CU. COW LO 4#' c (807)362.5028 648/ 6479 DRAWN: 5/5/11 MMM REVISED: 8/15/11- KRH PIPELINE REROUTE HOLLOW _sto Z Arra RIFFIN ASSOCIATES, INC. 1414 ELK ST., ROCK SPRINGS, WY 82901 SCALE: 1" 2000' DRG JOB No. 18557 TOPO MAP B T2 N a,0191, TOTAL PROPOSED LENGTH: 6679.8'± PROPOSED PIPELINE .1 EXISTING ROAD CAI ilUIL WYW-171350 August 19, 2011 SHUT ECRK UNI PROPOSED PIPELEVE FOR WGR OPERATING, LP SECTION 22 23, T22N, R112W Design Features and /or Mitigation Measures included in this decision are as follows and will be incorporated into the ROW grant in the form of stipulations: Signature of Holder SITE SPECIFIC TERMS AND CONDITIONS WYW- 171350 Cow Hollow 213, 214, 215 -23D Pipeline November 14, 2011 c EXHIBIT C 1. All areas disturbed by the construction of the tower will be reclaimed per the requirements of the Plan of Development with the additional requirement that reseeding efforts will continue until there is at least 70% ground cover of desirable species on the site. Monitoring of reclamation success by WGR will begin during the first growing season after initial seeding. 2. Required use of certified weed -free seed and mulch for rehabilitation projects. 3. The seed mixture will be determined by WGR as appropriate for the soil composition where the project is located. 4. Pipeline trenches will not be left open for more than 10 days after initial surface disturbance and use of pipeline gates with soft plugs are required every'/ mile along the corridor. 5. Use of a water truck to abate fugitive dust will not be required during construction and reclamation activities; provided these activities are completed November 15 to April 30. If construction and reclamation activities occur after April 30 a water truck will be required and WGR will submit a determination of the amount of water to be used and where the water will be obtained from. Construction shall not commence until concurrence is received from the United States Fish and Wildlife Service for water depletions and written approval is received from the AO. 6. Approval is granted for WGR to use the alternative method as described in the Plan of Development for use of a brush hog to cut down the vegetation and where no topsoil would be bladed to the side of the ROW, except where the vegetation is too dense to be removed or in the interest of providing a safe working area. 7. WGR will be responsible for development and implementation of a weed control /management plan per the Kemmerer Field Office weed stipulations on the disturbed areas within the limits of the ROW to prevent the spread of weeds on public lands, including halogeten (Halogeten glomeratus) and Cheatgrass (Bromus tectorum). Le k t\G be-v i r 2 f I Till Date