HomeMy WebLinkAbout977768FORM 28
(August 19
1.
2. Nature of Interest:
a. By this instrument, the holder:
Trail Energy, LLC
6029 W. Sage Fork Road
West Jordan, UT 84081
T. 18 N., R. 118 W.,
Section 06: NW'/4NW'/.
T. 19 N., R. 118 W.,
Section 32: NW' /SW'
T. 17 N., R. 119 W.,
Section 04: E%z;
20: S
T. 17 N., R. 120 W.,
Section 26: N1/2;
28: S1/2N1/2.
T. 18 N., R. 119 W.,
Section 02: N %z, NW' /NW'/SW'
04: S %SY2;
08: EV2E1/2;
16: W'/ZW %z;
20: Eh;
28: SW' /4NW'/4, S %z.
CERTIFIED
to be a true and comparative copy
of the official records on file
JUN 2 6 2014
6UR1 11 OF LAND MANAGEMENT
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT -OF -WAY GRANT
SERIAL NUMBER WYW- 171431
A right -of -way is hereby granted pursuant to Title V of the Federal Lan
21, 1976 (90 Stat. 2776; 43 U.S.C. 1761).
receives a right to construct, operate, maintain, and terminate a the access to the Bell Butte 32 -13 well,
on Federal lands described as follows:
Sixth Principal Meridian, Lincoln and Uinta Counties, Wyoming
Recorded
z L.
',:idexed
Issuing Office
KEMMERER.FIELD OFFICE
11111111111111111111111111111111111111111111111111111111111111111111111111111111
Iicy and Management Act of October
977768 7/28/2014 4:49 PM
LINCOLN COUNTY FEES: $81.00 PAGE 1 OF 24
BOOK: 836 PAGE: 862 OIL GAS LEASE
JEANNE WAGNER LINCOLN COUNTY CLERK
b. The right -of -way area granted herein is 40 feet wide, 50,540 feet long and contains 46.41 acres, more or
Tess.
r.� 2 9
1
3. Rental:
c. This instrument shall terminate on December" 3�1�•';204$,�i;
abandoned, terminated, or modified pursuant td-the terrria
applicable Federal law or regulation.
is :relinquished,
is;'instrument or of any
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.
4. Terms and Conditions:
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.
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 Exhibit A and B, dated February 24, 20.14, 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. Failure of the holder to comply with applicable law or any provision of this right -of -way granf'shall
constitute grounds for suspension or termination thereof.
e. 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.
30
g.
2
f. 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, February 24, 2014. 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.
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`aut
made by the authorized officer to determine appropria e%ac
scientific values. The holder will be responsible for the ?c srof,''e� T tai
mitigation measures will be made by the authorized offic ,eft gr2o
iof ^the discovery will be
h�.16 s of.sigriificant cultural or
`any decision'as to proper
with the holder.
The Holder shall be responsible for total control of all invasive /noxious'weedspecies 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 (or 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 will prepare a Noxious Weed Control Plan for submission to the BLM. The plan needs to
provide the prescribed methods to prevent, mitigate, and control the spread of noxious weeds during and
following construction of the project.
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.
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
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 application and
must be maintained for ten years.
Use ofherbicides on public lands must comply with the labeled use as specified and outlined for each
individual herbicide label.
31
3
J.
The company is responsible for contacting livestock permittee or)
informed of work locations.
The company needs to ensure that all damaged gates, cattleguards,
possible to keep livestock within assigned allotments and pastures.
k. The company is responsible for all weed control including re- seeding, and re- habilitation of disturbed sites
and roads. A certified weed -free seed and mulch are required.
The company needs to keep up on all maintenance of damaged roads and see that they are
repaired as soon as possible to facilitate ongoing livestock operations.
m. Removal or alteration of existing range improvements is prohibited unless prior approval is obtained from
BLM.
n. Operator personnel and contractors would minimize contact with and avoid harassment of livestock.
The stipulations above pertain to the following documents:
Instruction Memorandum No. 99 -178 clearly states that Invasive /Nonnative species are required to be
considered and given through consideration especially weeds in all BLM Environmental Assessments
(EA) and Environmental Impact Statements (EIS).
The Record of Decision and Approved Kemmerer Resource Management Plan (RMP) (signed May 24,
2010) states as follows on page 2 -30:
"BR:1.3 Manage for healthy native plant communities by reducing, preventing, expansion of or
eliminating the occurrence of invasive, nonnative species, undesirable, nonnative, or noxious
weeds(predatory plant pests or disease) by implementing management actions consistent with goals
included in "Partners Against Weeds" and consistent with weed management plans':
The Kemmerer Record of Decision and RMP (May 24, 2010) tiers to the Record of Decision and Final
Environmental Impact Statement (EIS) for Vegetation Treatments Using Herbicides on Bureau of Land
Management Lands in 17 Western States including Alaska Programmatic Environmental Impact
Statement (October 2007).
Environmental Assessment WY- 090- EA09 -52 Invasive Plant Management for Kemmerer, Pinedale,
and Rock Springs Office(s) (January 30, 2009) address's site specific weed treatments and is tiered to
the Record of Decision and Final EIS for the 17 Western States including Alaska and Record of Decision
and Kemmerer RMP approved May 24, 2010.
The Partners Against Weeds An Action Plan for the Bureau of Land Management (January 1996), in
appendix 4, outlines a prototype for weed prevention measures and best known practices for roads,
recreation, wilderness, road less areas, cultural resources, wildlife, range, timber, minerals, and fires.
Information Bulletin No.WY -98 -016 Weed Management Guidance.
The Bureau of Land Management Decision Notice and Finding of No Significant Impact written in 1996
and updated in1997 NEPA Document.
Instruction Memorandum No. WY -99 -29 Executive Order #13112 Invasive Species.
32
4
q.
Information Bulletin No.WY- 2000 -25 Annual Pesticide Use Report.
Washington Information Bulletin No. 99 -110 Submission of Pesti
bulletin in BLM Manual 9011- Chemical Pest Control, Part .1.3C Ok 1
required to submit annual Pesticide Use Report to the Environnnentl
requirement, each state must submit their Pesticide Use Report." F J fr i
'•rr /tali to°
,Vl +BLMis
5 neet this
Instruction Memorandum No. 2006 -073 is a National weed free policy that focrses;on weed free seed,
and straw and mulch as part of rehabilitation activities, this is now included in all oil %gas permitting.
o. 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 three
inches deep, the soil shall be deemed too wet to adequately support construction equipment. Frozen soil
or soil mixed with snow will not be used in construction.
p. 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 United States waives any
right it has to administer the right -of -way, or portion thereof, within the conveyed land 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, statues, 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.
The holder shall comply with all applicable Federal, State and local laws and regulations, existing or
hereafter enacted or promulgated, with regard to any Haz Mat, 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- 171431 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 right -of-
way (unless the 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.
33
rr,-.4
r. The holder shall protect all survey monuments found within the nghi opway �,'vf�iory� include,
but are not limited to, General Land Office and Bureau of Land. Manag m nt�rC ss .gr. 9 v y Corners,
ark
reference corners, witness points, U.S. Coastal and Geodetic benchm t �gi)[ation stations,
military control monuments, and recognizable civil (both public and private) survey, monument -I n the
event of obliteration or disturbance of any of the above, the holder.shall immediate 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 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 foun0 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 Bureau cadastral surveyors or other Federal surveyors are used to restore the disturbed survey
monument, the holder shall be responsible for the survey cost.
s. Authorized construction, drilling, completion and surface disturbing /disruptive activities, will be prohibited
during the period from March 15 through July 15 for the protection of Greater Sage Grouse nesting /early
brood rearing habitat.
The holder may request an exception in writing to the above stipulation. Any exceptions to the stipulation
must be approved in writing by the authorized officer prior to 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.
t. 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 regrowth of vegetation.
u. The Holder shall recontour disturbed areas, or designated sections of the right -of -way, by grading to
restore the site to approximately the original contour of the ground as determined by the Authorized
Officer.
v. The Holder shall maintain the right -of -way in a safe, usable condition, as directed by the Authorized
Officer. (A regular maintenance program shall include, but is not limited to, blading, ditching, culvert
installation, and surfacing).
w. 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.
x. The holder shall meet Federal, State, and local emission standards for air quality.
y
If snow removal from the road is undertaken, equipment used for snow removal operations shall be
equipped with shoes to keep the blade 6 inches off the road surface. The Holder shall take special
precautions where the surface of the ground is uneven and at drainage crossings to ensure that
equipment blades do not destroy vegetation.
z. 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.
34
6
IN WITNESS WHEREOF, The undersigned agrees to the.
Signature of Holder)
drolar,�.
(Title)
37s/ f
(Date)
(Effective Date of Grant)
as
f g -of -way grant.
(Title)
7
i f
EVE)'OPMENT
C:E 1V'FANY
RPLICATIOI,
a nergy, LLC
Bell Butte Federal 32 -13
2,0652PSL..97T.FWL.(N /4 S.W /4)
Sec2'.T19NR118W
Lincoln.County, Wyoming
Surface: Federal
Federal Mineral Lease: WYW162687
Pine Hollow Federal Unit: Pending
ACCESS ROAD RIGHT-OF-WAY
Trail Energy, LLC (Trail) intends to construct and upgrade ±31,245' (5.9 miles) of new road, two track
road, and reclaimed road on Bureau of Land Management (BLM) and fee surface to access the Bell Butte
Federal 34 -14 wellsite to which there is no other reasonable access from Lincoln or Uinta County roads. In
addition, Trail will utilize and additional ±86,215' (16.3 miles) of existing off lease BLM, state and private
surface roads from Uinta County Road 103. The project is necessary to provide access to one (1) oil and
gas well to be operated by Trail, which will provide oil and natural gas to United States citizens /consumers,
along with royalty and tax revenues to the United States.
The wellsite was staked at 2,065' FSL 977' FWL (NW /4 SW /4) of Sec. 32 T19N R118W on May 15, 2013,
by DR Griffin Associates, Inc. (DRG), surveyor, on a site that is geologically and topographically
acceptable. The location is located in the pending Pine Hollow Federal Unit.
A Notice of Staking (NOS) was submitted for this location on May 24, 2013, on behalf of Trail. The onsite
was held on June 3, 2013. Attendees were: Rich Fleming and Jessup Weichelt —BLM; Jonathan Baker
Trail; Daryl Lefevre Darita Consulting Petroleum Engineers (Darita); and Keith Dana Permit Agent.
Trail intends to utilize the new construction, two -track road, reclaimed road, and existing roadway both on
and off lease on federal, state and fee surface for access to the Bell Butte Federal 32 -13 wellsite, as detailed
in the APD. New road will be constructed, upgraded and reconstructed both on and off lease, as detailed in
the APD. Running surface width is to be 14' 16'. ;'T' 0.01 ng ini ace W1 ec Total access
road length is ±117,460' (22.2 miles).
36
r
.r
vv vv- 171431
February 24, 2014
'''''-'-ewmi'ei-q- ;"‘4.1',•:P...,;:
Bell Butte Federal 3 "tipPftAoAsIA'm
New Road ConstrUctioni: 1,:f::i t,f!;yr,5 '*04 0.5.WT4N
On Lease
T19N R1I:8W:':
e4':
U06a4i11
±1 25
Lincoln County
0.0 mi
Two-Track to be Upgraded:
Off Lease
T19N R118W
Sec. 31.:;,
Fee
15,650'
Lincoln County
1.1 mi
On Lease
T19N R118W
Sec. 32
kfoatirg
g9,:
Lincoln County
0.1 mi
Off Lease
T18N RI
Sec. 6
f0defalV
k: t65
Uinta County
0.0 mi
Off Lease
T18N R119W
Sec. 1
Fee
15,365'
Uinta County
1.0 mi
Off Lease
T18N R119W
Sec. 2
:-Pcedeti.V:‘
Uinta County
1.0 mi
Off Lease
T18N R119W
Sec. 3
Fee
13,055'
Uinta County
0.6 mi
Off Lease
T18N R119W
Sec. 4
'Odef,C.;
1
Uinta County
1.0 mi
Off Lease
T18N R119W
Sec. 5
Fee
±3,270'
Uinta County
0.6 mi
Two-Track Reclaimed to be Reconstructed:
Off Lease
T18N R119W
Sec. 3
Fee
12,170
Uinta County
0.4 mi
Off Lease
T18NR119W
Sec. 4
s ;-'t'15:-!='
Uinta County
0.1 mi
Existing Road
Off Lease
T18N R119W
Sec. 5
Fee
±2,060'
Uinta County
0.4 mi
Off Lease
T18N R1 19W
Sec. 8
ModiiotS
a
Uinta County
0.6 mi
Off Lease
T18NR119W
Sec. 9
Fee
12,395'
Uinta County
0.5 mi
Off Lease
T18N R119W
Sec. 16
','TY0c14141W;
s
Uinta County
0.9 mi
Off Lease
T18N R119W
Sec. 17
Fee
1885'
Uinta County
0.2 mi
Off Lease
T18N R119W
Sec. 20
iRe'
W,;; Rov
Uinta County
1.1 mi
Off Lease
-T18N R119W
Sec. 21
Fee
1145'
Uinta County
0.0 mi
Off Lease
T18N R119W
Sec. 28
?FeclekaL);;
S'
Uinta County
0.9 mi
Off Lease
T1SN R119W
Sec. 29
v.■
Fee
12,650'
Uinta County
0.5 mi
Off Lease
T18NR119W
Sec. 33
Fee
16,095'
Uinta County
1.2 mi
Off Lease
T17N R119W
Sec. 4
lVOdei4;',:lq;
:;':,':4541(P
Uinta County
mi
Off Lease
T17N R119W
Sec. 9
Fee
16,010'
Uinta County
.1.1
1.1 mi
Off Lease
T17N R119W
Sec. 16
State
15,855'
Uinta County
1.1 mi
Off Lease
T17NR119W
Sec. 19
Fee
15,570'
Uinta County
1.1 mi
Off Lease
T17N R119W
Sec. 20
•TdirfOi*::;',(
33
Uinta County
1.1 mi
Off Lease
T17N R119W
Sec. 21
Fee
15,920'
Uinta County
1.1 mi
Off Lease
T17N R120W
Sec. 24
Fee
14,560'
Uinta County
0.9 mi
Off Lease
T17NR120W
Sec. 25
Fee
12,425'
Uinta County
0.5 mi
Off Lease
T17N R120W
Sec. 26
R.itOrsiA.
sogfr
Uinta County
1.0 mi
Off Lease
T17N R120W
Sec. 27
Fee
±2,715'
Uinta County
0.5 mi
Off Lease
T17N R120W
Sec. 28
Vfidifit
Uinta County
0.6 mi
Total Fee Access
+60,940'
11.5 mi
Total State Access
±5,855
1.1 mi
Total Federal ROW Request
±50,665'
9.6 mi
Page 2
Ownership of the RI ht-ofr to
PLAN OF DEVELOPMENT
SF-299 for Access Road Right-of-Way
Bell Butte Federal 34-13
C 37
±125'
(0.0 miles)
T19N R118W Section 32
(New construction)
BLM
On lease
±715'
(0.1 miles)
T19N R118W Section 32
(Two -Track to be upgraded)
BLM
On Lease
±17,340'
(33 miles)
T19NR118W Section 31
T18NR119W Sections 1, 3, and 5
(Two -Track to be upgraded)
Fee
Off Lease
10,560'
(2.0 miles)
T18N R118W Section 6
T18NR119W Sections 2 and 4
(Two -Track to be upgraded)
BLM
OffLease
±2,170
(0.4 miles)
T18NR119W Section 3
(Two -Track Reclaimed to be Upgraded)
Fee
Off Lease
±335'
(0.1 miles)
T18NR119W Section
(Two -Track Reclaimed to be Upgraded)
BLM
OffLease
±31,245'
(5.9 miles)
Total new construction, two -track to be upgraded
and two -track reclaimed to be upgraded
Pagi,
Total Access Road Length
PLANNED ACCESS ROADS (See
TOTAL LENGTH ROADS TO BE UTILIZE
NEW CONSTRUCTION: 0.0
TO BE UPGRADED: 2.2 IIII`
EXISTING ROAD: 7.4 M1L
TOTAL: 9.6 MII'ES
TOTAL LENGTH ROADS TO BE UTILIZED ON STATE. LANDS (See Exhibit 6)
NEW CONSTRUCTION: 0.0 MILES
TO BE UPGRADED: 0.0 MILES
EXISTING ROAD: 1.1 MILES
TOTAL: 1.1 MILES
TOTAL LENGTH ROADS TO BE UTILIZED ON FEE LANDS (See Exhibit 6)
NEW CONSTRUCTION: 0.0 MILES
TO BE UPGRADED: 3.7 MILES
EXISTING ROAD: 7.8 MILES
TOTAL: 11.5 MILES
PLAN OF DEVELOYMENl'
pr Access Road Right -of -Way
Bell Butte Federal 34 -13
ADS" (Sed Exhibit 6)
38
EXISTING ROADS (See Exhibit 6)
A) The well is an exploratory well.
B) Existing roads within 5.9 miles consists of a dirt- surfaced, upgraded oil field road, to the
existing wellpad, which will provide access to the proposed location.
C) Plans for improvement and/or maintenance of existing roads are to maintain in as good or
better conditions than at present.
The Right -of -Way (ROW) application Standard Form 299 (SF299) and Plan of Development
(POD) for new access located on federal land is being submitted as a separate filing and as an
accompaniment to the federal APD package. This submittal requests authorization for federal
access from County Road 103 to the mineral lease line, consisting of ±49,825 (9.4 miles). In
addition, Trail requests authorized ROW for new construction and two-track road upgrade within
the mineral lease consisting of ±840' (0.2 miles) in Section 32 T19NR118W. This additional road
22.2 mi I
Page 4
segment may provide ROW authorizati9
total federal ROW requested is *50,604I1
necessary roads Trail plans to utilize Thz kb
requested is 40'. Total road lengths
LAN. OF DEVELOPMENT
or A ccess Road Right-of-Way
tell Butte Federal 34-13
1 •417e„ 1434It1in the same area. The
an idi*'?;i17is will cover the
to;'thi;ti Width of ROW
A) Running surface width to be apprQmt1.I4 6 width to be no more than
40'. Plans for improvement and/of maintenance of.eXisting roads are to maintain in as good
or better conditions than at preSent. A regular maintenance plan will include, but not be
limited to blading, ditching, and surfacing.
B) Borrow ditches to be backsloped 3:1 or shallower. Weather permitting, the access road will
be mowed and the borrow ditch material will be pulled over the top of the mowed area.
C) Maximum grades will not exceed BLM standards.
D) Culverts are anticipated. Per the onsite meeting it was determined that the installation of
culverts would be decided upon during road construction. Culverts will be a minimum of
18" x 30' and will be installed prior to commencement of drilling operations. Riprap will be
placed at the inlet and outlet at the culvert adjacent to the wellpad. Drainage may consist of
wing ditches between the existing road and the wellsite if necessary, and will be installed
prior to commencing drilling operations. The borrow ditches along the proposed access road
will be re-seeded if the well is completed as a producer. The reseeding of the borrow ditches
will reduce the area utilized by this location.
E) Surfacing material, if necessary, will consist of native material from borrow ditches. The
topsoil will be cleared by fanning back during the construction and crowning of the road.
Upon commencement of road construction, the topsoil will be replaced in the borrow
ditches.
F) No major road cuts are necessary.
G) Fence cuts, gates and cattleguards will not be required. Trail may determine at a later date
that the installation of a cattleguard may be more efficient than using the gate. If a cattleguard
is installed at the road take-off point on private surface, Trail will ensure that all necessary
notifications and agreements are in place prior to cattleguard installation.
H) Road construction on public lands shall meet the minimum standards listed in BLM Manual
Section 9113 and shall be constructed under the direction a qualified construction
supervisor(s). The qualified construction supervisor shall be an engineer, company
superintendent or other representative who is competent and knowledgeable in oilfield road
and drillsite construction, and able to speak for the operator. The dirt contractor, or
drilling/completion foremen whose primary expertise is not in construction, do not qualify
as construction supervisors.
1) A pipeline crossing will be necessary in the SW/4 SE/4 of Sec. 5 Ti 8N R119W. The pipeline
company will be contacted prior to construction. A 3' compacted earth lift will be constructed
over the pipeline.
J) The anticipated construction equipment includes:
2 bulldozers
1 backhoe
Various pick-up trucks will be used during this construction project.
Dump trucks will be used for gravel transport and road surface installation:
Construction crew to include:
1 —supervisor
2 workers
e 39
Page
B)
LOCATION OF WATER SUPPLY
A) Water will be transported
permits or other available ;co
deemed usable, Trail willnotif
Anticipated water use is as follow
Mud drilling water requirements_are anticipated to be approximately 10,814 bbls
(454,188 gallon [US, liquid]s=;1s39384J9acre foot [US survey]).
Road watering will be done only if dry conditions dictate, and would utilize approximately
900 bbls (37,800 gallons or 0.11 acre').
SOURCE OF CONSTRUCTION MATERIALS
A) Construction materials will consist of native materials from borrow ditches and location
areas.
B) Surfacing materials will be obtained from available permitted sources, if needed, and consist
of pit gravel.
SURFACE RESTORATION
A) Salvaging and spreading topsoil will not be performed when the ground or topsoil is frozen
or too wet to adequately support construction equipment. If such equipment creates ruts in
excess of four (4) inches deep, the soil will be deemed too wet.
B) Earthwork for interim and final reclamation must be completed within six (6) months of
well completion or plugging (weather permitting).
C) In areas that will not be drill seeded, the seed mix will be broadcast- seeded at twice the
application rate shown and covered 0.25 to 0.5 inches deep with a harrow or drag bar or
will be broadcast seeded into imprints, such as fresh dozer cleat marks.
D) No seeding will occur from May 15 to September 15. Fall seeding is preferred and will be
conducted after September 15 and prior to ground freezing. Spring seeding will be
conducted after the frost leaves the ground and no later than May 15.
E) Annual or noxious weeds shall be controlled on all disturbed areas as directed by the Field
Office Manager. An intensive weed monitoring and control program will be implemented
beginning the first growing season after interim and final reclamation. Noxious weeds that
have been identified during monitoring will be promptly treated and controlled. A Pesticide
Use Proposal (PUP) will be submitted to the BLM for approval prior to the use of
herbicides. All reclamation equipment will be cleaned prior to use to reduce the potential
for introduction of noxious weeds or other undesirable non native species. The operator
will coordinate all weed and insect control measures with state and/or local management
agencies.
F) Reclaimed areas will be monitored annually. Actions will be taken to ensure that
reclamation standards are met as quickly as reasonably practical.
G) Reclamation monitoring will be documented in a reclamation report and submitted to the
AO. The report will document compliance with all aspects of the reclamation objectives
and standards, identify whether the reclamation objectives and standards are likely to be
achieved in the near future without additional actions, and identify actions that have been
or will be taken to meet the objectives and standards. The report will also include acreage
figures for: Initial Disturbed Acres; Successful Interim Reclaimed Acres; Successful Final
Reclaimed Acres. Reports will not be submitted for sites approved by the AO in writing as
having met interim or final reclamation standards. Any time.30%o'of more of a reclaimed
area is redisturbed, monitoring will be rein..,}tia pd!
C
40 t 3
PLAN OF DEVELUriviniv:I'
=299 for Access Road Right -of -Way
Bell Butte Federal 34-13
Kemmerer, Wyoming under existing
4 water source is identified and
AO).' the necessary information.
Page 6
H) The AO will be infornlec� wpn?recla a�hq Zeen inpleted, is successful, and the site
is ready for final.inspection,5
INTERIM RESTORATION (Production)
A) Rehabilitation of unneeded, previously :dis t g rbed,! areas will consist back sloping and
contouring all cut /fillslopes. These areas. will` 1 e reseeded.
B) B) Topsoil will be evenly respread and aggressively revegetated over the entire disturbed area
not needed for all- weather operations including road cuts /fills and to within a few feet of the
production facilities, unless an all- weather, surfaced, access route or small "teardrop"
turnaround is needed on the well pad.
C) Initial seedbed preparation will consist of backfilling, leveling, and ripping all compacted
areas. Final seedbed preparation will consist of contour cultivating to a depth of 4 to 6 inches
within 24 hours prior to seeding. Seeding will be conducted no more than 24 hours following
completion of final seedbed preparation. A certified weed -free seed mix will be submitted to
the BLM on a SN for approval. The seed mix will be used on all disturbed surfaces including
pipelines and road cut/fill slopes.
D) Reclamation will be considered successful if the following criteria are met:
70 percent of predisturbance cover
90 percent dominate species*
Erosion features equal to or less than surrounding area
The vegetation will consist of species included in the seed mix and/or occurring in the
surrounding natural vegetation.
FINAL RESTORATION (P A Removal of equipment)
A) Final reclamation of the entire access road will be conducted upon termination of operations
at the wellsite. The access road will be reclaimed to the original contours of the land.
Revegetation will, be accomplished by planting mixed grasses. Revegetation is
recommended for road area as well as around production site.
B) Revegetation will be accomplished by planting mixed grasses as specified below.
Revegetation is recommended for road area as well as around production site.
C) Trail will submit a seed mix to the BLM Kemmerer Field office on a SN at the time of final
restoration for approval by the Field Manager. The BLM will not design the seed mix.
D) Initial seedbed preparation will consist of backfilling, leveling, and ripping all compacted
areas. Final seedbed preparation will consist of contour cultivating to a depth of 4 to 6 inches
within 24 hours prior to seeding. Seeding will be conducted no more than 24 hours following
completion of final seedbed preparation. A certified weed -free seed mix will be submitted to
the BLM for approval. The seed mix will be used on all disturbed surfaces and road cut/fill
slopes.
E) Distribute topsoil, if any remains, evenly over the road, and seed according to the above
seed mixture. If needed the access road shall be ripped or disked prior to seeding. Perennial
vegetation must be established. Additional work shall be required in case of seeding
failures, etc.
F) All disturbed areas will be recontoured to the contour existing prior to initial construction or
a contour that blends indistinguishably with the surrounding landscape. Resalvaged topsoil
will be spread evenly over the entire disturbed site to ensure successful revegetation. To help
mitigate the contrast of recontoured slopes, reclamation will include measures to feather
cleared lines of vegetation and to save and redistribute cleared trees, woody debris, and large
rocks over recontoured cut/fill slopes.
r"
0 a,J�
PLAN OF DEVELOPMENT
or Access Road Right -of -Way
Bell Butte Federal 34 -13
Pa
Union Pacific Land Resources Company/Anadarko
Box 173779
Denver, CO 80217
AN OF DEVELurivir,NT
ft#*cess Road Right-of-Way
Bell Butte Federal 34-13
A) Project area is situated ingtelni, .eSpcentral edge of the Green River
Basin. t;5 t
B) Topographic and geologic features low re, area, moderately drained, silt deposition,
surrounded by rolling uplands With mcideintelyerad4iirainages.
C) Soil characteristics sandy clay/loam.
D) Flora consists of Big sagebrush, Bud sagewort, Gardner saltbrush, Matchbrush, Phlox,
Prickly pear, Shadscale saltbrush, Spiny hopsage, Spiny horsebrush, Winterfat, Mustard,
Greasewood, Bottlebrush squirreltail, Bluegrass, Indian ricegrass, Needle and thread, and
Western wheatgrass.
E) Fauna observed: none; assume: antelope, coyotes, rabbits, raptors, and rodents.
F) Concurrent surface use grazing and hunting.
G) Mineral Lessor:
Bureau of Land Management
Kemmerer Field Office
312 US Highway 189 North
Kemmerer, WY 83101 Phone: 307-828-4500
11 Surface Owner Drillsite:
Bureau of Land Management
Kemmerer Field Office
312 US Highway 189 North
Kemmerer, WY 83101 Phone: 307-828-4500
Surface Owner Access:
Bureau of Land Management
Kemmerer Field Office
312 US Highway 189 North (73
Kemmerer, WY 83101 Phone: 307-828-4500
1
Bell Butte Grazing Partnership
Attn: Robert G. Pruitt, III
P.O. Box 206
Randolph, UT 84064 Phone: 801-518-9009
Proximity of water, occupied dwellings or other features: un-named intermittent drainage
±1,780' to the northwest, flowing into Sheep Creek.
The archaeological field work was completed and the information is contained in Class III
Cultural Resources Inventory (13-WAS-100) for the proposed wellpad and access road.
The report was completed by Western Archaeological Services, Inc. and was submitted
under separate cover to BLM.
If any fossils are discovered during construction, the operator shall cease construction
immediately and notify the AO so as to determine the significance of the discovery.
A Class III (100% pedestrian) cultural resource inventory shall be completed prior to
disturbance by a qualified professional archaeologist in the following areas: Well location. A
report of the inventory will be submitted and approved by the BLM with stipulations as
appropriate in order to comply with E0 11593 and Section 106 of the National Historic
0( 42
Page 8
Preservation Act 6,19d $.S,ee Seet_bn
M) The operator is responsible fof info y
project that they .will be 1,Siibleot ltq,
archaeological sites, or for collecting,a
PLAN OF DEVELOPMENT
‘9, 'rot Access Road Right -of -Way
Bell Butte Federal 34 -13
on K" above.
e area who are associated with this
for'> knowingly disturbing historic or
f historic or archaeological materials are
uncovered during construction, the operator is to immediately stop work that might further
disturb such materials, and contact the AO: The inform the operator as to the work
needed to determine the following:
Whether the materials appear eligible for the National Register of Historic Places;
The mitigation measures the operator will likely have to undertake before the site
can be used (assuming in site preservation is not necessary); and,
A timeframe for the AO to complete an expedited review to acquire the State Historic
Preservation Officer's concurrence that the findings of the AO are correct and that
mitigation is appropriate.
HAZARDOUS MATERIALS
Trail maintains a file, per 29 CFR 1910.1200(g) containing current Material Safety Data Sheets
(MSDS) for all chemicals, compounds, and/or substances which are used during the course of
construction, drilling, completion, and production operations for this project. Hazardous materials
(substances) which may be transported across these lands may include drilling mud and cementing
products which are primarily inhalation hazards, fuels (flammable and/or combustible), materials
that may be necessary for well completion/stimulation activities such as flammable or combustible
substances and acids /gels (corrosives). The opportunity for Superfund Amendments and
Reauthorization Act (SARA) listed Extremely Hazardous Substances (EHS) at the site is generally
limited to proprietary treating chemicals. All hazardous substances, EHS, and commercial
preparations will be handled in an appropriate manner to minimize the potential for leaks or spills
to the environment. See the attached Table 1.
Trail and its contractors will comply with all applicable federal laws and regulations existing or
thereafter enacted or promulgated. Trail and its contractors will locate, handle and store hazardous
substances in an appropriate manner that prevents them from contaminating soil and. water
resources or otherwise sensitive environments. Any release of hazardous substances (leaks, spills,
etc.) in excess of the reportable quantities established by 40 CFR, Part 117, would be reported as
required by the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA) of 1980, as amended. If the release of a hazardous substance in a reportable quantity
would occur, a copy of a report would be furnished to the BLM's AO and all other appropriate
federal and state agencies.
43
c;
r'J
cD
Pag.,
LESSEE'S OR OPERATOR'S REPRESENTATIVE:
Operator
T p. r
Ene gy
tpp:
Bell,ButteFederal.?32 -13
2,065' FSL 977' FWL,(NW /4:4W/4)
Sec. 32 T19N.R11.8 W
Lincoln County, Wyoming
Surface: Federal'
Federal Mineral Lease: WYW162687
Pine Hollow Federal Unit: Pending
Contact to arrange onsite meeting.
For any questions or comments regarding this permit.
Permit Agent
PLAN OF DEVELUriviriv
-299 for Access Road Right-of-Way
Bell Butte Federal 34-13
Trail Energy, LLC
6029 W. Sage Fork Road
West Jordan, UT 84081
Phone: 801 282 -6070
Mr. Jonathan Baker Landman
Upstream Petroleum Management, Inc.
7000 S. Yosemite Street, Suite 290B
Englewood, Colorado 80112
Phone: 303-942-0506
Kimberly J. Rodell President
krodell@upstreampm.com
Keith Dana Range Mgmt. Consultant
Cell: 307 389 -8227
krlcdana(acenturylink.net
0(.1. 44
0
Materials Proposed.
Completion, and Production!
Wells Which Could Po*nik
oltow Federal Unit Area
azardous Substances
•44.ms •;57.v:E.,r
tf.;. i
Diesel
Fuel
Mud
Benzene
Cumene
Toluene
Ethylbenzene
Xylene
Methyl tert-butyl ether
Polynuclear aromatic compounds
RCRA
Ignitability
None
Barite
Mud
Barium compounds
None
None
Amide
Mud
2-Butoxy Ethanol
Ignitability
None
Emulsifier
Mud
Isoparaffinic
Ignitability
None
Lime
Mud
Calcium Hydroxide
None
None
EZ Mud (ASP-700)
Mud
Petroleum Distillate, hydro-treated
None
None
Geltone
Mud
Silica
None
None
Caustic Soda
Mud
Sodium Hydroxide
Corr
None
Aquagel
Mud
Silica
None
None'
Magnesium
Aluminum Silicate
Absorbent
Silica
None
None
Calcium Chloride
Cement additive
None
Reactive
None
Calcium Hydroxide
Cement additive
None
Fine mineral fibers
None
Cement
Set casing
None
Fine mineral fibers
None
Potassium Chloride
Alkalinity and pH
Control
None
Fine mineral fibers
None
Ethylene Glycol
Engine coolant
Ethylene Glycol
None
None
Gasoline (tmleaded)
Fuel
Benzene
Tetraethyl lead
Cumene
Toluene
Ethylbenzene
Xylene
Methyl tert-butyl ether
Polynuclear aromatic compounds
Ignitability
i---
L._)
11 tr. 1
0 fi,
Materials Proposed.
Completion, and Production!
Wells Which Could Po*nik
oltow Federal Unit Area
azardous Substances
Paint
Facility
maintenance
F 'r
Cobalt compofitt
Manganesecoinpoun
Barium compounds
Ethanol
Sulfuric acid
oral fiber
None
EHS ExtremeIy Hazardous Substances
1 As defined under the EPA's Consolidated List of Chemicals Subject to Reporting under Title III of
the SARA of 1986 (as amended)
2 As defined under EPA's Consolidated List of Chemicals Subject to Reporting under Title III of
SARA of 1986 (as amended), or from RCRA wastes exhibiting the characteristics of ignitability,
corrositivity, reactivity and toxicity.
Exhibit B
WYW- 171431
.February 24, 2014
1:5,365' Fe
RIFFIN ASSOCIATES, INC.
tannaNitgi 1414 ELKS:, ROOK $PRIN68, WY 112001
DRA` SO440 earn”
goisEptivoi 1 349 40 4" MN
p eiler .Lease:.
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Map to Accompany
RIGHT -OF -WAY
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Trail Energy, LLC
Bell Butte Federal 32 -13
2,065' FSL 977' FWL NW /4 SW /4
Sec. 32 T19N R118W
Lincoln County, Wyoming
Surface: Federal
Federal Mineral Lease: WYW162687
LEGEND
New Construction (BLM) On Lease
I' Two -Track (BLM) On Lease
OM Two -Track (Fee) Off Lease
Two -Track (BLM) Off Lease
Water Haul
Revised by Upstream Petroleum Management, Inc.
PROPOSED ACCESS
FOR
TRAIL D ERG7; LLC
BELL BUTTE FED 3143
SEC'TION3Z, Ti9 RI18W
PROPOSED ACCESS I EXISTING ROAD
±2,060' Fee
Existing
3\
±3,275' Fed
Existing
±885' Fee
Existing
VAD1‘41V
2,11#1
Map td Ac.Cdtnpany
RIGHT-OF-WAY
Access Road Mao
Trail Energy, LLC
Bell Butte Federal 32-13
2,065 FSL 977' FWL NW/4.SW/4
Sec. 32 T19NR118W
Lincoln County, Wyoming
Surface: Federal
Federal Mineral Lease: WYW162687
LEGEND
MEI Two-Track (BLM) Off Lease
41111111 Two-Track (Fee) Off Lease
111.1 Two-Track Reclaimed (Fee) Off Lease
MID Two-Track Reclaimed (Fed) Off Lease
MD Existing (Fee) Off Lease
Existing (Fed) Off Lease
al. Water Haul
Revised by Upstream Petroleum Management, Inc.
(49n41
ahlitiem
RIMN ASSOCIATES, INC.
1414 ELK sr., RoCK SPRINGS WY 112001
sp"p
D$0494 AT94
ExHiatrobpAaE2Ore
PROPO5101 ACCESS
FOR
EIVE110; 11C.
BELL INFITEFED 32-13
SECTION 32, T191% RIMY
PROPEJSED ACCESS E.A7877NG ROAD
C 48
LEGEND
Pr Existing (Fee) Off Lease
Existing (Fed) Off Lease
Water Haul
Revised by Upstream Petroleum Management, Inc.
1 ti 11 E er LLC
ell B dtte Federal 32 -13
:9.'7,7 .FVJL NW /4 SW /4
S ec 3trI'. R118W
^'Ltti colnCouy, fy, Wyoming
Surffce:'Federal
Fa1;Mineigl'Lease: WYW162687
a p;to.Adcomp a n y
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9'
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QUADRANGLE
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1414ELKST.., ROCK SPRINGS, WY82 01
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PROPOSED A CES
FOR
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SECTION .12, T19P, R11SW
PROPOSED ACCESS l (DOTING ROAD
Cr 49
Map to AcconipapY;
RIGHT -OF -WAY,
Access Road;Mapf
Trail Energy LLC
Bell Butte Federal 32 13
2,065' FSL 977' FWL NWI4 S 4�r14
Sec. 32 T19N
Lincoln County, Wyoming:
Surface: Federal
Federal Mineral Lease: WYW162687.
LEGEND
ow Existing (Fee) Off Lease
Existing (Fed) Off Lease
on Existing (State) Off Lease
Water Haul
Revised by Upstream Petroleum Management, Inc.
fir, d,.
PRO ACCESS
FOR
TT11L n e RGY MG
BELL BUTTEEED 32-13
SECITON32 1191% R118W
G RIFFIN ASSOCIATES, INC,
(3ro3i7-0fA„IOI 1414 ELK ST, ROCK SPRINGS, WY82901
T3 -TMf 6CALE 1-2000'
REV19EO: NA pft# Jos No. 18784
EXHIBITBPAOE4OF6
PROPOSED ACCESS EXISTING ROAD
s®
'17,1111 44
PROPMED AC'CESS
FOR
EIVERGI; LEG
BELL BUTTE FED 32-13
SECTION 32, 1191g. 11118W
SCALE.
DR.0.400•4
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RIFFIN ASSOCIATES, INC.
alt sr, ROOK SPRI WY
DRG0B-1b.19784
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HELL LE 1'l'I E D32-I3
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Map to Accompany
RIGHT OF -WAY
"Access Road Map
r.- :Trail En,gy, LLC
ell13utte `edera132 13
Cry SL 977! FWI NV✓ /4 SW /4,
>i:rsec: 32' T 19,N
T incoln4ant i, Wyoming'
Surf'ace:.Federal r rs
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LEGEND'
Olin
Existing (Fee »Off Lease
Existing (Fed)E Off Lease.
County 103
Water Haul
Revised by Upstream Petroleum Management, Inc.
PROPOSEDACCE88 1 EXfST1N0ROAD i■■-■—■—•