United States Department of the Interior Bureau of Land Management Categorical Exclusion for Right-Of-Way Assignments and Renewals

United States Department of the Interior Bureau of Land Management

Categorical Exclusion for Right-of-Way Assignments and Renewals

Grand Junction Field Office McInnis Canyons National Conservation Area Dominguez-Escalante National Conservation Area

2815 H Road Grand Junction, Colorado 81506

DOI-BLM-CO-S080-2019-0002-CX

April 2019

The Bureau of Land Management is responsible for the stewardship of our public lands. It is committed to manage, protect, and improve these lands in a manner to serve the needs of the American people for all times. Management is based on the principles of multiple-use and sustained yield of our nation’s resources within a framework of environmental responsibility and scientific technology. These resources include recreation, rangelands, timber, minerals, watershed, fish and wildlife, wilderness, air, and scenic, scientific, and cultural values.

2 INTRODUCTION A right-of-way (ROW) assignment is a transfer, in whole or in part, of any right or interest in a right-of-way grant or lease from the holder (assignor) to a subsequent party (assignee) with the BLM’s written approval. The assignee must apply for the assignment and include a signed statement that they agree to comply with and be bound by all terms and conditions of the right-of- way grant. The assignor must consent in writing to assign all undivided right, title, and interest in and to the ROW grant.

A ROW grant specifies the terms and condition for its renewal and the holder must apply to renew the grant. We will renew the grant if the holder is in compliance with the terms, conditions and stipulations of the grant. Grants issued prior to October 21, 1976 for non-oil and gas ROWs will not be renewed, a new grant will be issued under the current authority.

Federal Regulations under 43 CFR 2807.21 (Federal Land Policy Management Act (FLPMA)) and 43 CFR 2887.11 (Mineral Leasing Act (MLA)) define the process for assigning a ROW grant. The regulations specify that BLM may add additional terms and conditions to the grant when approving the assignme nt. Additional terms and conditions are added by issuing a new grant. The following are the terms and conditions that could be applied to ROW grants.

Federal Regulations under 43 CFR 2807.22 (FLPMA) and 43 CFR 2887.12 (MLA) describe the process for renewing a right-of-way grant. The regulations specify that BLM may add terms and conditions to the grant when approving the renewal by issuing a new grant. The BLM could apply the following terms and conditions to ROW grants when they are being renewed.

These terms and conditions are generally site specific and or resource specific and are identified during the application process and may be selected from the following sources:

A. BLM Grand Junction Office Resource Management Plan (RMP), Appendix B, Stipulatio ns Applicable to ROWs, Fluid Mineral leasing, and other surface disturbing activities. This appendix lists the stipulations for surface disturbing activities (e.g., ROWs, oil, gas, and geothermal, recreation, etc.) referred to throughout this Approved RMP. These stipula t io ns will also apply, where appropriate, to all surface-disturbing activities (and occupancy) associated with land use authorizations, permits, and leases issued on BLM lands. There are two types of restrictions that would be applied to realty authorizations; ROW avoidance (includes No Surface Occupancy (NSO), Controlled Surface Use (CSU), and Timing Limitation (TL) identified in Appendix B of the GJFO) and ROW exclusion. The surface areas covered by NSO and CSU stipulations are considered ROW avoidance areas (ROWA) (BLM 2015 RMP, Appendix B, p. B-1). ROW avoidance areas are areas to be avoided but may be available for location of ROWs with special stipulations or requirements. ROW avoidance stipulations from the GJFO and D-E NCA RMPs include specific guidance for certain stipulations that may be applied during use, maintenance, and reclamation of existing facilities. ROW exclusion areas are not available for the location of rights-of-way under any conditions (BLM H-1601-1 BLM H-1601-1 Land Use Planning Handbook, p. 21).

Areas identified as ROWA (NSO) or No Surface-disturbing Activities are avoidance areas where facilities should not be sited. Exceptions, modifications, and waivers can be proposed

and considered under special circumstances if resource concerns are addressed through special mitigatio n are open to fluid mineral leasing, but surface-disturbing activities cannot be conducted on the surface of the land unless an exception, waiver, or modifica tio n is granted. A ROW-NSO stipulation does not apply to existing facilities and the maintenance of existing facilities, such as, but not limited to, range improvements, oil and gas wells and/or pads, and major recreation sites.

ROW Avoidance Prohibit surface occupancy for siting of ROW’s and surface disturbing activities unless special authorization is provided that includes appropriate design features and or mitigation to minimize impact to sensitive resources. Stipulation Number Protected Resource Management Action Hydrology River Colorado, Gunnison No surface occupancy or use is allowed within 400 NSO CO and Dolores Rivers meters (1312 feet) of the ordinary high-water mark (bank-full stage) or within 100 meters (328 feet) of the 100-year floodplain (whichever area is greatest) on the following major river: Colorado, Gunnison, and Dolores Rivers ROWA (NSO)-2 Streams/Springs Within a minimum distance of 100 meters (328 feet) Possessing Lotic from the edge of the ordinary high-water mark Riparian (bank-full stage). Where the riparian corridor width Characteristics is greater than 100 meters (328 feet) from bank-full, prohibit surface occupancy and use and surface- disturbing activities within the riparian zone ROWA (NSO)-4 Lentic Riparian Areas Within 100 meters (328 feet) from the mapped (including springs, extent of perennial, intermittent, and ephemeral seeps, and fens) streams; riparian areas, fens and/or wetlands; and water impoundments. For streams, the buffer will be measured from ordinary high-water mark (bank-full stage), whereas for wetland features, the buffer will be measured from the edge of the mapped extent. ROWA (NSO)-12 ACECs In the following ACECs to protect threatened, proposed, candidate, and sensitive species: Atwell Gulch; Indian Creek; Palisade; Pyramid Rock ; Rough Canyon; Sinbad Valley; and South Shale Ridge ROWA (NSO)-13 Current and Prohibit certain surface uses, as specified below, to Historically Occupied protect threatened, endangered, proposed, and Habitat candidate plants and animals from indirect impacts, and Critical Habitat of loss of immediately adjacent suitable habitat, or Threatened, impacts to primary constituent elements of critical Endangered, Proposed, habitat as designated by USFWS. Maintain existing and Candidate Plant buffer distances where pre-existing disturbance and Animal Species exists, and reduce redundancies in roads to minimize fragmentation, and minimize direct impacts from motorized and mechanized users of

roads, routes and trails. In undisturbed environments and ACECs, prohibit new disturbance within 200 meters (656 feet) of current and historically occupied and suitable habitat. This stipulation includes emergency closures of roads where damage to T&E habitat has occurred. ROWA (NSO)-23 Golden Eagle Nest Prohibit surface occupancy and use and surface- Sites disturbing activities (beyond that which historically occurred in the area prior to nest establishment) within 402 meters (0.25-mile) of active golden eagle nest sites and associated alternate nests. ROWA (NSO)-24 Bald Eagle Nest Sites Prohibit surface occupancy and use and surface- disturbing activities (beyond that which historically occurred in the area prior to nest establishment) within 402 meters (0.25 mile) of active bald eagle nests. ROWA (NSO)-25 Sage-grouse Leks, Within 6.4 kilomete rs (4 miles) of an active lek or Nesting, and Early within sage-grouse nesting and early brood-rearing Broodrearing habitat Habitat (6.4 kilometers [4 miles] ) ROWA (NSO)-26 Canyon Treefrog, Within all identified canyon treefrog, northern Midget Faded leopard frog, midget faded rattlesnake, Great Basin Rattlesnake, spadefoot, long-nosed leopard lizard (Gambelia Northern Leopard wislizenii), and boreal toad breeding and denning Frog, Great Basin site Spadefoot, Long-nosed Leopard Lizard, Boreal Toad (no buffer) Wildlife Bat NSO Bats No surface occupancy or use is allowed within a CO 402 meter (0.25 mile) radius of the entrance of maternity roosts or hibernacula of BLM sensitive bat species as mapped in the Resource Management Plan, BLM’s GIS database or other maps provided by local, state, federal or tribal agencies that are analyzed and accepted by the BLM ROWA (NSO)-30 Occupied Prairie Dog Prohibit surface occupancy and use and surface- Towns (no buffer) disturbing activities (beyond that which historically occurred in the area) within active white-tailed prairie dog towns in the Prairie Canyon Wildlife Emphasis Area. ROWA (NSO)-32 Research Sites In approved research sites including, but not limited to, the Ant Research Area (16 Road) and the Owl Banding Station (south of DeBeque) ROWA (NSO)-34 Elk Production Area In elk production areas year-round

Wildlife Habitat Unique and important No surface occupancy or use is allowed within the NSO CO wildlife habitat following wildlife emphasis or priority areas, as identified in the Resource Management Plan: • Blue Mesa (wintering habitat for mule deer and elk) (9,300 acres); • Bull Hill (wintering habitat for mule deer and elk) (4,800 acres); • A portion of East Salt Creek (wintering habitat for mule deer and elk) (4,500 acres); • A portion of Prairie Canyon (pronghorn antelope habitat) (5,600 acres); • Sunnyside (wintering and migratory habitat for bighorn sheep, mule deer, elk, and Greater Sage- Grouse) (14,500 acres); and • Timber Ridge (habitat for mule deer, elk, and Gunnison Sage-Grouse) (11,800 acres). ROWA (NSO)-36 Little Book Cliffs Wild On lands within the LBCWHR Horse Range ROWA (NSO)-37 Allocation to Prohibit surface occupancy and use and surface- Conservation Use disturbing activities, including archaeological Category excavation, within 100 meters (328 feet) around eligible sites allocated to Conservation Use. ROWA (NSO)-38 Allocation to Within 200 meters (656 feet), from the boundary of Traditional Use the following known eligible or potentially eligible Category sites allocated to Traditional Use. In addition, consider visual impacts that projects may have on sites allocated to this use, and apply appropriate mitigation, ROWA (NSO)-39 Cultural Resources In the following areas West Indian Creek and East (Indian Creek) Indian Creek ROWA (NSO)-45 Old Spanish National Within 50 meters (164 feet) either side of the center Historic Trail (50 line of the congressionally designated Old Spanish meters [164 feet]) National Historic Trail Relocate the right-of-way to avoid sensitive resources, use construction methods that reduce the surface impact, or utilize alternative design features or best management practices to mitigate effects to sensitive resources. Stipulation Number Protected Resource Management Action ROWA (CSU)-3 Definable streams Surface-disturbing actions within a minimum distance of 30 meters (98 feet) from the edge of the ordinary high-water mark (bank-full stage) shall be avoided to the greatest extent practicable and disturbances will be subject to site specific relocation at the discretion of the BLM. ROWA (CSU)-4 Collbran and Require that all ground disturbances within source Mesa/Powderhorn water protection areas and the Jerry Creek watershed Source Water avoid interference with watershed resource values.

Protection Areas, and Jerry Creek Watershed ROWA (CSU)-9 BLM Sensitive Plant For plant species listed as sensitive by BLM, special Species Occupied design, construction, and implementation measures Habitat within a 100-meter (328 feet) buffer from the edge of occupied habitat may be required. In addition, relocation of operations by more than 200 meters (656 feet) may be required. ROWA (CSU)-10 Wildlife Habitat Require proponents of surface-disturbing activities to imple me nt specific measures to mitigate impacts of operations on wildlife and wildlife habitat within high-value or essential wildlife habitat. Measures will be determined through biological surveys, onsite inspections, effects of previous actions in the area, and BMPs. Plant Community Significant or Relict Special design, construction, and implementation CSU CO Plant Communities measures, including relocation of operations by more than 200 meters may be required ROWA (CSU)-13 Osprey Nest Sites Apply CSU (site-specific relocation) restrictions within 402 meters (0.25-mile) of active osprey nest sites. ROWA (CSU)-14 Ferruginous Hawk Apply CSU (site-specific relocation) restrictions Nest Sites within 805 meters (0.5-mile) of active ferruginous hawk nest sites, and associated alternate nests. ROWA (CSU)-15 Red-tailed Hawk Nest Apply CSU (site-specific relocation) restrictions Sites within 531 meters (0.33-mile) of active red-tailed hawk nest sites, and associated alternate nests. ROWA (CSU)-16 Swainson’s Hawk Nest Apply CSU (site-specific relocation) restrictions Sites within 402 meters (0.25-mile) of active Swainson’s hawk nest sites and associated alternate nests. ROWA (CSU)-17 Peregrine Falcon Nest Apply CSU (site-specific relocation) restrictions Sites within 805 meters (0.5-mile) of active peregrine falcon nest sites. ROWA (CSU)-18 Prairie Falcon Nest Apply CSU (site-specific relocation) restrictions Sites within 805 meters (0.5-mile) of active prairie falcon nest sites. ROWA (CSU)-19 Other Raptor Species Apply CSU (site-specific relocation) restrictions (accipiters, falcons within 201 meters (0.125-mile) of an active nest site [except kestrel], of all accipiters, falcons (except kestrel), buteos, and buteos, and owls) owls not listed in other CSU stipulations. Raptors that are listed and protected by the Endangered Species Act of 1973 and the Bald and Golden Eagle Protection Act are addressed separately. ROWA (CSU)-22 Kit Fox Dens Apply CSU (site-specific relocation) restrictions to, and require mitigation and minimization measures (as determined by the BLM biologist) of, surface

occupancy and use and surface-disturbing activities within 200 meters (656 feet) of active kit fox dens. ROWA (CSU)-23 Occupied Prairie Dog Apply CSU (site-specific relocation) restrictions to Towns surface-disturbing activities within white-tailed prairie dog towns. Locate permanent above-ground structures outside of prairie dog towns. Wildlife Habitat Unique and important Surface occupancy or use may be restricted CSU CO wildlife habitat within the following wildlife emphasis or priority areas, as identified in the Resource Management Plan: • Beehive (habitat for mule deer and elk) (4,700 acres); • A portion of East Salt Creek (habitat for mule deer and elk) (20,500 acres); • Glade Park (habitat for Gunnison Sage-Grouse, mule deer, and elk) (27,200 acres); • A portion of Prairie Canyon (long billed curlew, long eared owl, pronghorn antelope, white-tailed prairie dog, kit fox, and burrowing owl habitat) (16,500 acres); • A portion of Rapid Creek (wintering and migratory habitat for mule deer and elk) (26,900 acres); and • Winter Flats (deer and elk wintering grounds) (3,500 acres). Special design, construction and imple mentation measures, including relocation of operations by more than 200 meters (656 feet), may be required. A plan of development may be required to demonstrate how potential adverse impacts to wildlife habitat will be mitigated. ROWA (CSU)-24 Deer and Elk Apply CSU (site-specific relocation) restrictions to Migration and surface-disturbing activities within migration and Movement movement corridors for deer and elk. Corridors ROWA (CSU)-27 Allocatio n to Scientific Apply CSU (site-specific relocation) restrictions to Use Category certain surface uses, as specified below, except archaeological documentation and excavation, within 100 meters (328 feet) around eligible or potentially eligible sites allocated to Scientific Use. ROWA (CSU)-28 Allocatio n to Public Apply CSU (site-specific relocation) restrictions to Use Category certain surface uses, as specified below, within 100 meters (328 feet) around sites allocated to Public Use. In addition, consider factors such as integrity of setting, recreation opportunity, or visual impacts that projects may have on sites allocated to this use.

ROWA (CSU)-29 Sub-surface Inventory Require sub-surface inventory for deep sub-surface- disturbing activities and buried ROW in the following locations and in additional areas where high potential for subsurface resources may be identified in the future: Grand Mesa Slopes; Indian Creek; and Sunnyside. ROWA (CSU)-30 VRM Class II Apply CSU (site-specific relocation) restrictions to Recreation fluid minera l leasing and other surface-disturbing activities within all areas designated as VRM Class II. Require that surface-disturbing activities meet the objectives of VRM Class II. ROWA (CSU)-31 Recreation Apply CSU (site-specific relocation) restrictions to surface occupancy and use and surface-disturbing activities to minimize conflicts with developed (and future) recreation sites and to mapped (and future) national/regional trails, local system trails that connect communities, and trailheads and interpretive sites with exceptional recreation values or significant public interest. Apply this stipulation to the following sites that lie outside of designated RMAs: Low Gap Recreation Site; North Soda Recreation Site; Miracle Rock Recreation Site; Mud Springs Campground; and West Creek Picnic Site. CSU-39 Roan and Carr Creeks Special design, construction, and implementation ACEC measures, including relocation of operations by more than 200 meters. Timing restrictions on construction, operations, maintenance, and termination or restriction of certain uses during a period of time to protect sensitive resources. Stipulation Number Protected Resource Management Action ROWA (TL)-1 Salmonid and Native, Prohibit in-channel stream work in all occupied Non-salmonid Fishes streams during fish spawning, egg incubation, and fry emerging seasons. Fish spawning, egg incubation, and fry emerging seasons vary by elevation and temperatures; however, the following intervals generally apply in Colorado: • Cutthroat trout (various subspecies): May 1- September 1 • Rainbow trout: March 1-June 15 • Brown trout: October 1-May 1 • Brook trout: August 15-May 1 • Sculpin: May 1-July 31 • Bluehead sucker: May 1-July 15 • Flannelmouth sucker: April 1-July 1 • Roundtail chub: May 15-July 15 • Speckled dace: May 1-August 31 • Mountain whitefish: October 1-November 30

Wildlife Raptor Nesting Raptors No surface use is allowed within a 402 meter Nests TL CO (0.25-mile) radius of active raptor nests, as mapped in the Resource Management Plan, BLM's GIS database or other maps provided by local, state, federal or tribal agencies that are analyzed and accepted by the BLM, during the following time period(s), or until fledging and dispersal of young: • Osprey nests: April 1 to August 31. • Red-tailed hawk nests, including any alternate nests: February 15 to July 15. • Swainson’s hawk nests and associated alternate nests: April 1 to July 15. • Burrows or burrowing owl nest sites: March 1 to August 15. • Great horned owl nests: February 1 to August 15. • Other owls and raptors: March 1 to August 15. • Cooper’s hawk, sharp shinned hawk, and northern harrier nests: April 1 to August 15. WILDLIFE BLM Sensitive Nesting No surface use is allowed within an 805 SENSITIVE Raptors meter (0.5-mile) radius of active or inactive raptor RAPTOR nests, as mapped in the Resource Management Plan, NESTS TL BLM's GIS database or other maps provided by CO local, state, federal or tribal agencies that are analyzed and accepted by the BLM, during the following time period(s), or until fledging and dispersal of young: • Ferruginous hawk nests, including any alternate nests: February 1 to July 15. • Goshawk nest sites: March 1 to September 30. • Peregrine and prairie falcon nest cliff(s): March 15 to July 31. ROWA (TL)-3 Migratory Bird Habitat Prohibit surface occupancy and use and surface- disturbing activities, including vegetation-removal projects, in migratory bird habitat during nesting season when nesting birds are present. May 15 to July 15 or as site-specific analysis dictates. ROWA (TL)-13 Golden Eagle Nest Prohibit human encroachment within an 805-meter Sites (0.5-mile) radius of active golden eagle nests and associated alternate nests, as mapped in the RMP, BLM’s GIS database, or other maps provided by local, state, federal, or tribal agencies that are analyzed and accepted by the BLM, during the following time period, or until fledging and dispersal of young: December 15 to July 15.

ROWA (TL)-14 Bald Eagle Nest Sites Prohibit human encroachment within an 805-meter (0.5-mile) radius of active bald eagle nests from November 15 to July 31. ROWA (TL)-15 Bald Eagle Winter Prohibit activity within 402 meters (0.25-mile) of Roost bald eagle winter roosts from November 15 to March 15. Additional restrictions may be necessary within 805 meters (0.5-mile) of active bald eagle winter roosts if there is a direct line of sight from the roost to the activities. ROWA (TL)-16 Occupied Sage-grouse Prohibit surface occupancy and use, surface- Winter Habitat disturbing activities, and intensive human activities in occupied sage-grouse winter habitat from December 1 to March 15. ROWA (TL)-17 Sage-grouse Leks Prohibit surface occupancy and use, surface- disturbing activities, and intensive human activities within 6.4 kilometers (4 miles) of sage-grouse leks from March 1 to June 30. ROWA (TL)-19 Occupied Prairie Dog Prohibit surface occupancy and use and surface- Towns disturbing activities within active white-tailed prairie dog towns from April 1 to July 15. ROWA (TL)-20 Big Game Winter Prohibit surface occupancy and use, surface- Range disturbing activities, and intensive human activities from December 1 to May 1 to protect big game winter range as mapped by the CPW. Certain areas and/or routes within big game winter range may be closed to foot, horse, motorized, and/or mechanized travel from December 1 to May 1. Big Game Big Game No surface use is allowed during the following time Production TL CO period(s) in big game production areas, as mapped in the Resource Management Plan, BLM’s GIS database or other maps provided by local, state, federal or tribal agencies that are analyzed and accepted by the BLM: Prohibit activities, including motorized travel, in elk production areas from May 15 to June 15; in antelope production areas from April 15 to June 30; in Rocky Mountain bighorn sheep production areas from April 15 to June 30; in Moose production areas from April 15 to June 30; and in desert bighorn sheep production areas from February 1 to May 1. ROWA (TL)-22 Pronghorn Wintering Prohibit surface occupancy and use, surface- Habitat disturbing activities, and intensive human activities in pronghorn wintering habitat from January 1 to March 31.

B. BLM Grand Junction Office Resource Management Plan, Appendix H, Best Management Practices (BMPs) and Standard Operating Procedures (SOPs). This appendix provides a list of common standard operating procedures (SOPs) and best management practices (BMPs) for the resource management plan (RMP). Standard operating procedures are established guidelines that are followed by the BLM in carrying out management activities. While the list of SOPs is complete, the list is not intended to be comprehensive; additional SOPs could be developed and implemented to support achieving resource objectives.

Resource SOP Numbers Air Quality A-1 through A-2 Soils S-1 through S-15 Water Resources H-1 through H-19 Vegetation: Rangeland VR-1 through VR-2 Vegetation: Riparian and Wetlands VRW-1 through VRW-8 Noxious and Invasive Weed Prevention WEED-8, WEED-10, WEED-19, WEED-27, WEED-49, WEED-52,WEED-53, WEED-87, and WEED-89 Fish and Wildlife and Special Status Species FWS-1 through FWS-23 Wildlife Damage Management WDM-1 throughWDM-9 Wild Horses WH-1 throughWH-2 Cultural Resources CR-1 through CR-8 Tribal Consultation TC-1 through TC-4 Paleontology P-1 through P-6 Visual Resources V-1 through V-20 Wildland Fire Ecology and Management WFM-1 through WFM-13 Wilderness, Wilderness Study Areas , Lands WSA-1 with Wilderness Characteristics Forestry F-1 through F-4 Livestock Grazing LG-1 through LG-12 Recreation REC-1 through REC-102 Lands and Realty LR-1 through LR-15 Minerals and Energy ME-1 through ME-64 Renewable Energy RE-1 Transportation and Access TA-1 through TA-4 Reclamation R-1

C. Colorado (McInnis) Canyons National Conservation Area and Black Ridge Canyons Wilderness Resource Management Plan, Appendix 3, Colorado (McInnis) Canyons National Conservation Area Standard Operating Procedures. This appendix provides management guidance for the long term protection and management for following resources within the MCNCA; Allowable Uses, Coordination with Other Agencies, State and Local Governments, and Native American Tribes, Air Quality, Hazardous Materials, Barrier Free Access, Land Acquisition, Utility/Rights-of-way (ROW) Exclusion and Avoidance, Unauthorized Use, Vegetation Management, Weed Management, Wildlife, Threatened, Endangered and Sensitive Species Habitat, Soil and Water Resources, Recreation, Visual Resources, Wilderness

Resources, Cultural Resources, Paleontological Resources, Cadastral Survey, Site-Specific Project Plans, Economic and Social Considerations, Environmental Review.

D. Dominguez-Escalante National Conservation Area Resource Management Plan, Appendix J, Best Management Practices for Management Actions. This appendix provides a list of common standard operating procedures and BMPs that are applicable to all alternatives in the resource management plan. Standard operating procedures are established guidelines that are followed by the BLM in carrying out management activities. While the list of standard operating procedures is complete, the list is not intended to be comprehensive; additional standard operating procedures could be developed and implemented to support achieving resource objectives.

Resource Numbers Air Resources Soils COAs 1 - 21 Water Resources Stipulations 1 - 21 Vegetation: Rangeland SOPs 1 -3 Vegetation: Riparian and Wetlands SOP 1 Noxious and Invasive Weed Prevention Site disturbing projects , Roads and Utilities Fish and Wildlife and Special Status Species SOPs 1 - 13 Wildlife Damage Management SOPs 1 - 4 Cultural Resources SOPs 1 - 3 Tribal Consultatio n SOPs 1 - 4 Geological and Paleontological Resources SOPs 1 - 4 Visual Resources BMP J.13.1 – J.13.14 Wilderness, Wilderness Study Areas SOP J.15 Forestry SOP Livestock Grazing SOPs 1 - 15 Lands and Realty SOPs 1 – 3, Stipulations 1 - 8 Transportation and Access SOPs 1 - 4

E. Bureau of Land Management Right-of-Way Guide Stipulations. (WO-350) Stipulation Category Numbers Construction plans A1 through A17 Cultural/Pesticides/Weeds/Survey B1 through B4 Monuments Civil Rights/Corps of Engineers 404 Permits C1 through C2 Staking D1 through D7 Clearing E1 through E15 Construction F1 through F6 Cattleguards/Fences G1 through G4 Drainage Structures H1 through H8 Construction Access I1 through I7 Pipeline s J1 through J5

Power line K1 through K# Rehabilitation L1 through L10 Seed mix/mulc h M1 through M4 Fire N1 through N5 Bonds/Liability P1 through P7 Right-of-way Maintenance Q1 through Q3 Hazardous Wastes/Liability/Waste disposal R1 through R4 Oil and Gas Lease Unit Boundary Adjustment S1 through S3 /Termination Contingency plans/Spills T1 through T2 Road Maintenance Agreements U1 through U3 Communications Sites V1 through V53 Dams and Reservoirs W1 through W9 Air Quality X1 through X3

F. Fire Prevention and Control Stipulations. (The current edition of fire stipulations to be applied to all right-of-way grants per IM CO 2017-003).

No new surface disturbance would be authorized by this decision.

LEGAL DESCRIPTION: Public lands throughout the Grand Junction Field Office, Dominguez/Escalante National Conservation Area, and McInnis Canyons National Conservation Area.

APPLICANT: Various; determined upon submission of application for assignment by the assignee or renewal by the holder.

DESCRIPTION OF PROPOSED ACTION: The assignment of a right-of-way from the holder to a subsequent party who agrees to comply with and be bound by the terms and conditions of the grant or lease and all applicable laws and regulations and consent to the assignment. The renewal of rights-of-way that a holder has applied for, for a ROW that has reached or will reach the end of its term by issuing a new right-of-way grant under the current authority (FLPMA or MLA). The following stipulations will be added to all rights-of-way assignments (Table 1) and/or rights –of-way renewals (Table 2) in addition to the site specific and/or resource specific stipulatio ns, Best Management Practices (BMP’s) and Standard Operating Procedures (SOPs) identified during the processing of the application from the sources listed above; 1. The holder shall notify the authorized officer at least 60 days prior to non-emergency activities that would cause surface disturbance on the ROW or Temporary Use Permit (TUP). A "Notice to Proceed" shall be required prior to any non-emergency activities that

would cause surface disturbance on the right-of-way. Any request for a "Notice to Proceed" must be made to the AO, who will review the proposed action for consistency with resource management concerns such as wildlife, big game winter range, paleontology, special status species, and cultural resource protection. Additional measures may be required to protect special status species or other resources. (These requirements will be determined on a case by case basis once notified of the holder of a request for non-emergency activities that would require surface disturbance on the right-of-way).

2. The current edition of the Fire Prevention and Control Stipulations to be applied to all grants per Instruction Memoranda CO 2017-003.

Table 1 Assignments

Serial # Holder (Assignor) Applicant (Assignee) Location Facility Encana Oil & Gas COC 27658 Oil & Gas Caerus Oil & Gas LLC Plateau Creek Oil and gas pipeline COC 28022 A Encana Oil & Gas Caerus Oil & Gas LLC Blair 1 Oil and gas pipeline COC 28022 G Encana Oil & Gas Caerus Oil & Gas LLC Fee 11-32 Pipeline & CPS COC 28022 H Encana Oil & Gas Caerus Oil & Gas LLC Shire Gulch Oil and Gas pipeline COC 28022 I Encana Oil & Gas Caerus Oil & Gas LLC Horseshoe Canyon Oil and gas pipeline COC 28022 L Encana Oil & Gas Caerus Oil & Gas LLC Black Mountain Oil and gas pipeline COC 28022 N Black Hills Laramie Energy Kimbell Mesa Oil and gas pipeline COC 28022 O Black Hills Laramie Energy NW Plateau Creek Oil and gas pipeline COC 28022 P Black Hills Laramie Energy Horseshoe Canyon Oil and gas pipeline COC 28022 Q Black Hills Laramie Energy Horseshoe Canyon Oil and gas pipeline COC 28022 R Black Hills Laramie Energy Kimbell Mesa Oil and gas pipeline COC 28022 S Black Hills Laramie Energy Horseshoe Canyon Oil and gas pipeline COC 28022 T Encana Oil & Gas Caerus Oil & Gas LLC Plateau Creek Oil and gas pipeline COC 28022 W Black Hills Laramie Energy Horseshoe Canyon Oil and gas pipeline COC 28022 X Black Hills Laramie Energy Horseshoe Canyon Oil and gas pipeline COC 28022 Y Black Hills Laramie Energy Horseshoe Canyon CPS site COC 31707 Encana Oil & Gas Caerus Oil & Gas LLC Turner 1-27 Access road COC 31814 Encana Oil & Gas Caerus Oil & Gas LLC Beehive Access road COC 33224 Encana Oil & Gas Caerus Oil & Gas LLC Fed 2-1 Access road COC 35129 Black Hills Laramie Energy Horseshoe Canyon Access road COC 35130 Encana Oil & Gas Caerus Oil & Gas LLC 10S., 97W., sec 27 Oil and gas pipeline COC 35143 Black Hills Laramie Energy Hancock Gulch Access road COC 35175 Black Hills Laramie Energy Horseshoe Canyon Access road COC 35190 Black Hills Laramie Energy Winter Flats Access road COC 35193 Black Hills Laramie Energy Horseshoe Canyon Access road COC 36776 Black Hills Laramie Energy Roberts Canyon Access road COC 38525 Black Hills Laramie Energy Winter Flats Access road Ben Wilson COC 43085 Mark Gillfillan (Weep Seep Partners) Unaweep Canyon Water pipeline COC 49003 Encana Oil & Gas Caerus Oil & Gas LLC Oil and gas pipeline COC 50782 Encana Oil & Gas Caerus Oil & Gas LLC Carr Creek Access road COC 50791 Scott Wood Matthew Christensen Glade Park Access road COC 50792 Black Hills Laramie Energy Hancock Gulch Oil and gas pipeline COC 50808 Encana Oil & Gas Caerus Oil & Gas LLC Carr Creek Oil and gas pipeline Encana Oil & Gas COC 50811 (NARCO) Caerus Oil & Gas LLC Cedar Bench Access road COC 50814 Encana Oil & Gas Caerus Oil & Gas LLC Cedar Bench Oil and gas pipeline

COC 50819 Black Hills Laramie Energy Wagon Track Ridge Access road COC 50844 Encana Oil & Gas Caerus Oil & Gas LLC Cedar Bench Oil and gas pipeline COC 50846 Encana Oil & Gas Caerus Oil & Gas LLC 6S.,99W sec 7,8,17 Oil and gas pipeline ETC Canyon Black Hills Plateau COC 50850 Pipeline LLC Prod LLC Dry Fork Compressor COC 50861 Black Hills Laramie Energy Wagon Track Oil and gas pipeline COC 50869 Black Hills Laramie Energy De Beque Canyon Access road COC 50903 Encana Oil & Gas Caerus Oil & Gas LLC Roan Creek Oil and gas pipeline COC 50913 Encana Oil & Gas Caerus Oil & Gas LLC Cedar Bench Access road COC 51014 Black Hills Laramie Energy Dry Fork Access road COC 55150 Encana Oil & Gas Caerus Oil & Gas LLC Calf Canyon Compressor site COC 55981 Encana Oil & Gas Caerus Oil & Gas LLC 45.5 Rd Oil and gas pipeline COC 56186 Black Hills Laramie Energy Wagon Track Ridge Access road COC 58104 Encana Oil & Gas Caerus Oil & Gas LLC Logan Wash Access road COC 59056 Encana Oil & Gas Caerus Oil & Gas LLC Kimball Creek Oil and gas pipeline COC 60322 Holland JD Coates LLC Roan Creek Rd Water pipeline COC 62532 Black Hills Laramie Energy Dry Fork Oil and gas pipeline COC 62675 Roland Brand Dan Fernandez Indian Creek Access road COC 64608 Black Hills Laramie Energy Wagon Track Ridge Access road COC 64990 Black Hills Laramie Energy Castle Rock Oil and gas pipeline COC 67450 Encana Oil & Gas Caerus Oil & Gas LLC Moffett Gulch Access road COC 67473 Encana Oil & Gas Caerus Oil & Gas LLC 6S, 99W, sec 24 Access road COC 67474 Encana Oil & Gas Caerus Oil & Gas LLC 6S 99w, sec 24 Oil and gas pipeline COC 67531 Encana Oil & Gas Caerus Oil & Gas LLC Hay Canyon Comm s ite COC 67700 Encana Oil & Gas Caerus Oil & Gas LLC Post Canyon Repeater COC 68076 Encana Oil & Gas Caerus Oil & Gas LLC Hunter Canyon Access road COC 69301 Encana Oil & Gas Caerus Oil & Gas LLC Roberts Canyon Oil and gas pipeline COC 70643 Encana Oil & Gas Caerus Oil & Gas LLC Orchard Unit Water pipeline COC 70969 Marathon Caerus Oil & Gas LLC Logan Wash Access road COC 73305 Encana Oil & Gas Caerus Oil & Gas LLC Logan Wash Fed #1 SWD COC 74158 Black Hills Laramie Energy Hancock Gulch SWD site COC 74160 Black Hills Laramie Energy Dry Fork Water storage site COC 75703 Encana Oil & Gas Caerus Oil & Gas LLC Fed 33-8 well Water pipeline COC 75705 Encana Oil & Gas Caerus Oil & Gas LLC Fed 33-8 well Oil and gas pipeline COC 76188 Black Hills Laramie Energy De Beque Water pipeline COC 76370 Black Hills Laramie Energy Homer Deep Unit Water pipeline COC 76837 Black Hills Laramie Energy Winter Flats Water pipeline COC 77005 Black Hills Laramie Energy Winter Flats Oil and gas pipeline COC 77006 Black Hills Laramie Energy Winter Flats Site, road & pipeline COC 77238 Encana Oil & Gas Caerus Oil & Gas LLC Kimball Mountain 6” Surface PL

Table 2 Renewals Serial Number Holder Facility Location COC 3772 Grand Valley Power 7.2 kV Distribution line T8S., R103W., sec 29 COC 28233 Union Pacific Railroad Communications site Nine Mile Hill COC 31343 Lone Mtn Prod Co Access road 7 S 104 W COC 33733 Mesa County Access road Kimball Creek COC 34171 Grand Valley Power 7.2 kV distribution line Little Park road COC 34353 Mesa County Access road Whitewater (31 rd) COC 34411 National Fuel Corp Access road Fed Wells 44-2 & 14-2 COC 35119 National Fuel Corp Oil and gas pipeline 3-10-84 & 3-11-84 COC 35124 Foundation Energy Fund III-B Access Road to well 13-16

COC 35126 Foundation Energy Fund III-B Access road to well 18-12 COC 35129 Black Hills Plateau Prod LLC Access road Horseshoe Canyon unit COC 35167 Grand Valley Power 7.2 kV distribution line Trail Canyon COC 35190 Black Hills Plateau Prod LLC Access road Whitakker Flats COC 35201 Joseph Weinreis Access road Kannah Creek COC 36721 Grand Valley Power 12.5 kV distribution line De Beque cutoff road COC 36722 Grand Valley Rural Power 7.2 kV distribution line De Beque cutoff road COC 36750 Grand Valley Rural Power 7.2 kV distribution line De Beque cutoff road COC 36751 Jean Thomas Access road Little Park Road Sinbad COC 36782 Sinbad Ranch LLC Water pipelines Valley/SewemupMesa COC 36805 National Fuel Corp O&G pipeline Well 2-11-8-104 COC 38491 Wm. Shane Washington Access road Glade Park COC 38522 Red Rock Gathering Co, LLC Oil and gas pipeline Mitchell Road area COC 38523 Rocky Mtn. Nat Gas, LLC Oil and gas pipeline Bull Basin COC 38530 Jon Kephart Access road Mud Springs COC 38531 National Fuel Corp Access road Hunter Canyon COC 38559 Grand Valley Power 12.5 kV distribution line Port of Entry – Loma COC 40190 Grand Valley Power 12.47 kV distribution line Carr Creek COC 40192 Grand Valley Power 12.5 kV distribution line Dry Fork COC 40195 Grand Valley Power 7.2kV distribution line De Beque T7S., R98W., sec 15,16 and T7S., R99W., sec COC 40198 Grand Valley Power 14.4 kV distribution line 13 COC 40206 Grand Valley Rural Power 7.2 kV distribution line Glade Park COC 40207 Grand Valley Power 7.2 kV distribution line T13S., R103W., sec 8 COC 40208 Grand Valley Power 14.4 kV distribution line T2S., R1E., sec 3 COC 40210 Grand Valley Power 7.2/12.5 kV distribution line T2S., R1E., sec 10 COC 40214 Grand Valley Rural Power 7.2 kV distribution line Whitewater 10S., 96W., sec 12, 25, COC 40216 Grand Valley Power 7.2/12.5 kV distribution line 26 T10S., R95W., sec 22 COC 40220 Grand Valley Power 7.2 kV distribution line NENE T9S., R94W., sec 33, COC 40221 Grand Valley Power 7.2 kV distribution line NWSE COC 40222 Grand Valley Rural Power 7.2 kV distribution line Whitewater T12S R97W; T13S, COC 40223 Grand Valley Power 12.5kV distribution line R97, 98W; T3S., R2E COC 40224 Grand Valley Power 12.5kV distribution line T12S., R97W., sec 32 COC 40225 Grand Valley Power 12.5kV distribution line T2S., R2E., sec 8, 9, 10 COC 40250 Grand Valley Power 12.5 kV distribution line Munger Gulch COC 40268 Foundation Energy Oil and gas pipeline Prairie Canyon 31st PM, T2S., R1 E., COC 43079 Clifton Water Waterlines + ancillary Rd. Sec 3,4 and 10 COC 43087 Grand Valley Power 12.5 kV distribution line T10S., R 96W., sec 25 COC 43089 Bureau of Reclamation Seismic monitoring station Paradox Valley COC 43090 Department of Energy Communications site Grand Mesa COC 43097 Dennis Carns Water pipeline Pinon Mesa T8S., R103W., sec 22, COC 43100 Maralex Resources Inc. Oil and gas pipeline 27 (Camp Gulch) COC 43117 City of Grand Junction Trailhead/Parking Area Kannah Creek COC 46612 Qwest Corporation Telephone line Highway 340 COC 49004 Qwest Corporation Telephone line Plateau Creek COC 49031 Foundation Energy Management Access road Buniger road

COC 49040 American Tower Corp Communications site Nine Mile Hill COC 49045 Qwest Corporation Telephone line Whitewater COC 49046 Northwest Pipeline LLC Access road Hay Canyon COC 49047 HRM Resources LLC Oil and gas pipeline Prairie Canyon COC 50442 Foundation Energy Management Oil and gas pipeline Prairie Canyon COC 50460 Joe Kearl Water pipeline Whitewater COC 50475 Foundation Energy Management Oil and gas pipeline Prairie Canyon COC 50477 HRM Resources LLC Oil and gas pipeline Prairie Canyon COC 57642 Foundation Energy Management Oil and gas pipeline Prairie Canyon COC 75912 Laramie Energy Water pipeline De Beque COC 75913 Laramie Energy Oil and gas pipeline T7S., R97W., sec 4

PLAN CONFORMANCE REVIEW: The Proposed Action is subject to and has been reviewed for conformance with (43 CFR §1610.5, BLM §1617.3) the following plans:

Name of Plan: Grand Junction Field Office Approved Resource Management Plan

Date Approved: August, 2015

Decision Number and Page: L&R-OBJ-01, Page 169

Decision Language: The objective of the GJFO RMP under Lands and Realty is to “Provide for the development and operation of transportation systems, pipelines, transmission lines, communication sites, renewable energy resources, and other land use authorizations in an environmentally responsible and timely manner”.

Name of Plan: Colorado Canyons (McInnis Canyons) National Conservation Area Resource Management Plan.

Date Approved: September 2004

Decision Number and Page: Page 2-11

Decision Language: “Rights-of-Way (ROW) proposals will be reviewed on a case-by-case basis and will be subject to constraints, sensitive resource areas, and issues identified in the CCNCA plan and other applicable documents and polices.”

Name of Plan: Dominguez-Escalante National Conservation Area Approved Resource Management Plan

Date Approved: January 2017

Decision Number and Page: LAN-OBJ-01, Page 69

Decision Language: The objective of the DENCA RMP under Land Tenure and Land Use Authorizations is to “Evaluate realty authorization requests using evaluation criteria

designed to protect Conservation Area resources and values. Determine whether the proposal is consistent with BLM Manual 6220, including the provision that BLM will only develop new facilities in the NCA where they are necessary for public health and safety, required under law, necessary for the exercise of valid existing rights or other non- discretionary uses, needed to prevent impacts to fragile resources, or needed to further the purposes for which the area was designated.”

CATEGORICAL EXCLUSION REVIEW: The proposed action qualifies as a categorical exclusion under 516 Departmental Manual 11.9 E (9): “Renewals and assignments of leases, permits, or rights-of-way where no additional rights are conveyed beyond those granted by the original authorizations”.

EXTRAORDINARY CIRCUMSTANCES There are no extraordinary circumstances having effects, which may significantly affect the environment. I considered the following resource conditions in determining whether extraordinary circumstances related to the proposed action warranted further analysis and documentation in an EA or EIS (516 DM 2, Appendix 2):

1. Have significant adverse effects on public health and safety. The BLM does not expect the proposed action to impact public health and safe ty because the assignme nt or renewal of a right-of-way is primarily an administrative action that does not authorize any additional rights beyond those granted in the original authorizatio n. No new surface disturbance would occur on the right-of-way unless authorized by a notice to proceed. A request for a notice to proceed would be reviewed by the BLM and additional measures necessary to protect any special resources would be required by the holder of the right-of-way before any surface disturbance occurs.

2. Have adverse effects on such natural resources and unique geographic characteristics as historic or cultural resources; park, recreation, or refuge lands; wilderness areas; wild or scenic rivers; national natural landmarks; sole or principal drinking water aquifers; prime farmlands; wetlands, floodplains ; national monuments; migratory birds; and other ecologically significant or critical areas. Historic and Cultural Resources: The administrative act of renewing or re-assigning existing ROWs will have no effect on significant cultural resources. However, activities such as maintenance or other ground disturbing work could potentially have an impact on some ROWs. The ROW Avoidance measures and SOPs would reduce potential future impacts and provide protection during these activities.

Wilderness Characteristics: The renewal of a right-of-way located within the Wilderness Study Area is allowed by BLM policy if the existing right-of-way is being used for their authorized purpose. No impacts are expected as a result of this action.

Migratory Birds: The administrative act of renewing or re-assigning existing ROWs will have no effect on migratory birds. Maintenance activities or other ground disturbing work could potentially have an impact on some ROWs Timing stipulations during the nesting period would reduce the impacts.

The re-assignment or renewal of existing ROWs will have no effect on riparian zones or wetlands. Future maintenance activities or access could cause impacts. The ROW Avoidance measures and SOPs would reduce potential future impacts and provide protection during these activities.

3. Have highly controversial environmental effects or involve unresolved conflicts concerning alternative uses of available resources. The assignme nt or renewal of an existing right-of-way entails no additional surface disturbance unless specifically authorized by the Authorized Officer (AO). The rights- of-way were issued and constructed years ago. This administrative action would be not cause any controversial environmental effects or involve unresolved conflic ts concerning alternative uses or available resources.

4. Have highly uncertain and potentially significant environmental effects or involve unique or unknown environmental risks. Assignme nt or renewal of an existing right-of- way entails no additional surface disturbance. The rights-of-way were issued and constructed years ago. This administrative action would not have highly uncertain and potentially significant effects of involve unique or unknown risks.

5. Establish a precedent for future action or represent a decision in principle about future actions with potentially significant environmental effects. The assignme nt or renewal of an existing right-of-way entails no additional surface disturbance. The rights-of-way were issued and constructed years ago. This administrative action would not establish a precedent for future actions or represent a decision about future actions with potentially significant effects.

6. Be directly related to other actions with individually insignificant but cumulative ly significant environmental effects. The assignme nt or renewal of an existing right-of- way entails no additional surface disturbance. The rights-of-way were issued and constructed years ago. This administrative action would not be directly related to other actions with individually insignificant but cumulatively significant effects.

7. Have adverse effects on properties listed, or eligible for listing, in the National Register of Historic Places. The administrative act of renewing or re-assigning existing ROWs will have no effect on significant cultural resources (those listed or eligible for listing in the National Register of Historic Places). However, activities such as maintenance or other ground

disturbing work could potentially have an impact on some ROWs. ROW holders will be required to contact the BLM prior to surface disturbing work, so that the BLM may determine if additional surveys or mitigation needs to occur to avoid adversely impacting significant cultural properties.

8. Have adverse effects on species listed, or proposed to be listed, on the List of Endangered or Threatened Species, or have adverse effects on designated Critical Habitat for these species. The assignment of these ROWs using previously analyzed stipulations and BMPs will not adversely affect endangered or threatened fish or wildlife species, or have adverse effects on designated critica l habitat for these species.

9. Have the potential to violate a Federal law, or a State, local or tribal law or requirement imposed for the protection of the environment. The assignme nt or renewal of an existing right-of-way entails no additional surface disturbance. The rights-of-way were issued and constructed years ago. This administrative action would not have the potential to violate a Federal law, or a State, local or tribal law or requirement imposed for the protection of the environment.

10. Have the potential for a disproportionately high and adverse effect on low income or minority populations. The assignme nt or renewal of an existing right-of-way entails no additional surface disturbance. The rights-of-way were issued and constructed years ago. This administrative action would not have the potential to adversely affect low income or minority populations.

11. Restrict access to and ceremonial use of Indian sacred sites by Indian religious practitioners or adversely affect the physical integrity of such sacred sites. The administrative act of renewing or re-assigning existing ROWs will have no effect on tribal access to sacred sites or areas of concern.

12. Significantly, contribute to the introduction, continued existence, or spread of noxious weeds or non-native invasive species known to occur in the area or actions that may promote the introduction, growth, or expansion of the range of such species.

INTERDISCIPLINARY REVIEW: Name Title Area of Responsibility______Alissa Leavitt- Archaeologist Cultural Resources, Native Reynolds Archaeologist American Religious Concerns Andy Windsor Supervisory Outdoor Access, Transportation, Recreation Planner Recreation Dan Ben-Horin National Conservation Land Wilderness, Wild & Scenic Specialist Rivers, WSA, NHT, VRM, Wilderness Characteristics Bob Price Range Management Specialist Range, Forestry, Vegetation Wild Horse & Burro Act Eric Eckberg Geologist Geology, Paleontology Alan Kraus Hazardous Materials Specialist Hazardous Materials Scott Hall Realty Specialist Land Tenure/Status, Realty Authorizations Heidi Plank Wildlife Biologist T&E Species, Migratory Bird Treaty Act, Terrestrial & Aquatic Wildlife Anna Lincoln Ecologist Land Health Assessment, Special Status Plants, Riparian and Wetlands Kevin Hyatt Hydrologist Soils, Air Quality, Water Quality, Hydrology, Water Rights Jeff Phillips Fire Ecologist Fire Ecology, Fuels Natural Resource Specialist Management Marlin Deras Range Management Specialis t Weed Coordinator, Invasive, Non-Native Species Christina Stark Assistant Field Manager Environmental Justice, (Resources Programs / Socioeconomics, ACECs, Prime Planning & Environmental & Unique Farmlands, P&EC, Coordination) Renewable Resources Supervisor

Wayne Associate Field Manager Non-Renewable Resource Werkmeister Program Supervisor

Table 1– Potentially Impacted Resources Extraordin ary Not Potentially circumsta n BLM Evaluator Resources Present On No Impact Impacted ces Initial & Date Location potentially exceeded? PHYSICAL RESOURCES Air and Climate KH 3/12/19 Water (surface and subsurface, floodplains) KH 3/12/19 Soils KH 3/12/19 Geologica l and Mineral Resources EE 3/5/19 BIOLOGICAL RESOURCES Special Status Plants ARL 2/19/19 Special Status Wildlife HLP 02/25/19 Migratory Birds HLP 02/25/19 Other Important Wildlife Habitat HLP 02/25/19 Vegetation BP 3/4/19 Forestry BP 3/4/19 Invasive, Non-native Species BP 3/4/19 Wetlands and Riparian Zones ARL 2/19/19 HERITAGE RESOURCES AND HUMAN ENV. Cultural or Historical ALR 4/8/2019 Paleontological EE 3/5/19 Tribal and Native American ALR 4/8/2019 Religious Concerns Visual Resources DB 02/27/19 Social and Economic CS 2/27/19 Transportation and Access AW 3/4/19 Wastes, Hazardous or Solid AK 3/12/2019 LAND RESOURCES Areas of Critical Environmental CS 2/27/19 Concern Recreation (Recreation, RMAs, AW 3/4/19 SRPs) National Lands Conservation DB 02/27/19 System (WSR Historic Trails, WSAs) Wilderness and Wilderness DB 02/27/19 Characteristics Range Management BP 3/4/19 Wild Horse and Burros BP 3/4/19 Land Tenure, ROW, Other Uses SH 3/1/2019 Fire and Fuels JP 3/5/19

NAME OF PREPARER: Scott Hall

NAME OF ENVIRONMENTAL COORDINATOR: Wayne Werkmeister for Christina Stark

DATE: 4/18/2019

24 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT GRAND JUNCTION FIELD OFFICE DECISION DOCUMENT RIGHT-OF-WAY ASSIGNMENTS AND RENEWALS DOI-BLM-CO-S080-2019-0002-CX

INTRODUCTION: A right-of-way (ROW) assignment is a transfer, in whole or in part, of any right or interest in a right-of-way grant or lease from the holder (assignor) to a subsequent party (assignee) with the BLM’s written approval. The assignee must apply for the assignment and include a signed statement that they agree to comply with and be bound by all terms and conditions of the right-of- way grant. The assignor must consent in writing to assign all undivided right, title, and interest in and to the right-of-way grant.

Federal Regulations under 43 CFR 2807.21 (FLPMA) and 43 CFR 2887.11 (MLA) define the process for assigning a right-of-way grant. The regulations specify that BLM may add additiona l terms and conditions to the grant when approving the assignment. Additional terms and conditions are added by issuing a new grant. The following are the terms and conditions that can be applied to right-of-way grants.

Federal Regulations under 43 CFR 2807.22 (FLPMA) and 43 CFR 2887.12 (MLA) describe the process for renewing a right-of-way grant. The regulations specify that BLM may add terms and conditions to the grant when approving the renewal by issuing a new grant. The following terms and conditions that could be applied to right-of-way grants when they are being renewed.

These terms and conditions are generally site specific and/or resource specific, and are identified during the application process and may be selected from the following sources;

a. BLM Grand Junction Office Resource Management Plan, Appendix B, Stipulations Applicable to Fluid Mineral Easing and Other Surface Disturbing Activities. b. BLM Grand Junction Office Resource Management Plan, Appendix H, Best Management Practices and Standard Operating Procedures. c. Colorado (McInnis) Canyons National Conservation Area and Black Canyons Wilderness Resource Management Plan, Appendix 3, Colorado (McInnis) Canyons National Conservation Area Standard Operating Procedures.

d. Dominguez-Escalante National Conservation Area Resource Management Plan, Appendix J, Best Management Practices for Management Actions. e. Bureau of Land Management Right-of-Way Guide Stipulations. f. Current Fire Prevention and Control Stipulations.

DECISION: I have reviewed this document and have decided to imple me nt the Assignme nt and Renewal of Rights-of-way project as described above under the proposed action. This project is categorically excluded from documentation in an EA or EIS under 516 Departmental Manual 516 11.9 E (9) which states “renewals and assignments of leases, permits, or rights-of-way where no additional rights are conveyed beyond those granted by the original authorization”.

RATIONALE: This action is listed in the Department Manual as an action that may be categorically excluded. I have evaluated the action relative to the 12 criteria listed earlier in this document and have determined that no extraordinary circumstances exist.

I am approving the proposal to add the attached stipulations to right-of-way grants that are being assigned from one holder to another or renewed by a holder who has applied to renew the grant in the Grand Junction Field Office area. The attached stipulations will provide greater protection for sensitive resources, and allow for additional review of future proposals within the rights-of-way areas before surface disturbance occurs. Application processing will also be expedited, by dealing with assignme nts and renewals in this programmatic manner, because staff will no longer need to conduct extensive reviews of stipulations for each right-of-way assignment or renewal. This will be especially beneficial for processing mass assignment applications.

PLAN CONSISTENCY: Based on information in the CX, the project record, and recommendations from BLM specialists, I conclude that this decision is consistent with the 2015 Grand Junction Field Office Resource Management Plan as amended, the Endangered Species Act; the Native American Religio us Freedom Act; other cultural resource management laws and regulations; the Migratory Bird Treaty Act; the Clean Water Act; the Clean Air Act; the National Historic Preservation Act; Executive Order 12898 regarding Environmental Justice; and Executive Order 13212 regarding potential adverse impacts to energy development, production, supply and/or distribution.

ADMINISTRATIVE REMEDIES: This decision shall take effect immediately upon the date it is signed by the Authorized Officer, and shall remain in effect while any appeal is pending unless the Interior Board of Land Appeals issues a stay (43 CFR §2801.10(b). Appeals may be made to the Office of Hearings and Appeals, Office of the Secretary, U.S. Department of Interior, Board of Land Appeals (Board) in strict compliance with the regulations in 43 CFR Part 4. Notices of appeal must be filed in this office within 30 days after publication of this decision. If a notice of appeal does not include a statement of reasons, such statement must be filed with this office and the Board within 30 days after the notice of appeal is filed. The notice of appeal and any statement of reasons, written arguments, or

26 briefs must also be served upon the Regional Solicitor, Rocky Mountain Region, 755 Parfet Street, Suite 151, Lakewood, Colorado 80215

nager Date Gran Junction Field Office

I ATTACHMENTS: Exhibit A: f\1aps Exhibit B: Stipulations Exhibit C: Assignments Exhibit D: Renewals

Exhib it A: Maps

2019 Assignments

2019 Renewals

Exhib it B: Stipulatio ns

The following stipulations will be added to all rights-of-ways being assigned or renewed under this action, in addition to the terms and conditions, Best Management Practices (BMPs), Standard Operating Procedures (SOPs) and stipulations selected from the sources listed above.

1. The holder shall notify the authorized officer at least 60 days prior to non-emergency activities that would cause surface disturbance on the ROW or Temporary Use Permit (TUP). A "Notice to Proceed" shall be required prior to any non-emergency activities that would cause surface disturbance on the right-of-way. Any request for a "Notice to Proceed" must be made to the AO, who will review the proposed action for consistency with resource management concerns such as wildlife, big game winter range, paleontology, special status species, and cultural resource protection. Additional measures may be required to protect special status species or other resources.

2. The current edition of the Fire Prevention and Control Stipulations per Instructio n Memorandum CO 2017-003.

Exhib it C – Assignments

Serial # Holder (Assignor) Applicant (Assignee) Location Facility Encana Oil & Gas Oil COC 27658 & Gas Caerus Oil & Gas LLC Plateau Creek O&G pipeline COC 28022 A Encana Oil & Gas Caerus Oil & Gas LLC Blair 1 O&G pipeline COC 28022 G Encana Oil & Gas Caerus Oil & Gas LLC Fee 11-32 Pipeline & CPS COC 28022 H Encana Oil & Gas Caerus Oil & Gas LLC Shire Gulch O&G pipeline COC 28022 I Encana Oil & Gas Caerus Oil & Gas LLC Horseshoe Canyon O&G pipeline COC 28022 L Encana Oil & Gas Caerus Oil & Gas LLC Black Mountain O&G pipeline COC 28022 N Black Hills Laramie Energy Kimbell Mesa O&G pipeline COC 28022 O Black Hills Laramie Energy NW Plateau Creek O&G pipeline COC 28022 P Black Hills Laramie Energy Horseshoe Canyon O&G pipeline COC 28022 Q Black Hills Laramie Energy Horseshoe Canyon O&G pipeline COC 28022 R Black Hills Laramie Energy Kimbell Mesa O&G pipeline COC 28022 S Black Hills Laramie Energy Horseshoe Canyon O&G pipeline COC 28022 T Encana Oil & Gas Caerus Oil & Gas LLC Plateau Creek O&G pipeline COC 28022W Black Hills Laramie Energy Horseshoe Canyon O&G pipeline COC 28022 X Black Hills Laramie Energy Horseshoe Canyon O&G pipeline COC 28022 Y Black Hills Laramie Energy Horseshoe Canyon CPS site COC 31707 Encana Oil & Gas Caerus Oil & Gas LLC Turner 1-27 Access road COC 31814 Encana Oil & Gas Caerus Oil & Gas LLC Beehive Access road COC 33224 Encana Oil & Gas Caerus Oil & Gas LLC Fed 2-1 Access road COC 35129 Black Hills Laramie Energy Horseshoe Canyon Access road COC 35130 Encana Oil & Gas Caerus Oil & Gas LLC 10S., 97W., sec 27 O&G pipeline COC 35143 Black Hills Laramie Energy Hancock Gulch Access road COC 35175 Black Hills Laramie Energy Horseshoe Canyon Access road COC 35190 Black Hills Laramie Energy Winter Flats Access road COC 35193 Black Hills Laramie Energy Horseshoe Canyon Access road COC 36776 Black Hills Laramie Energy Roberts Canyon Access road COC 38525 Black Hills Laramie Energy Winter Flats Access road Ben Wilson COC 43085 Mark Gillfillan (Weep Seep Partners) Unaweep Canyon Water pipeline COC 49003 Encana Oil & Gas Caerus Oil & Gas LLC O&G pipeline COC 50782 Encana Oil & Gas Caerus Oil & Gas LLC Carr Creek Access road COC 50791 Scott Wood Matthew Christensen Glade Park Access road COC 50792 Black Hills Laramie Energy Hancock Gulch O&G pipeline COC 50808 Encana Oil & Gas Caerus Oil & Gas LLC Carr Creek O&G pipeline Encana Oil & Gas COC 50811 (NARCO) Caerus Oil & Gas LLC Cedar Bench Access road COC 50814 Encana Oil & Gas Caerus Oil & Gas LLC Cedar Bench O&G pipeline COC 50819 Black Hills Laramie Energy Wagon Track Ridge Access road COC 50844 Encana Oil & Gas Caerus Oil & Gas LLC Cedar Bench O&G pipeline COC 50846 Encana Oil & Gas Caerus Oil & Gas LLC 6S.,99W sec 7,8,17 O&G pipeline ETC Canyon Pipeline Black Hills Plateau COC 50850 LLC Prod LLC Dry Fork Compressor COC 50861 Black Hills Laramie Energy Wagon Track O&G pipeline COC 50869 Black Hills Laramie Energy DeBeque Canyon Access road COC 50903 Encana Oil & Gas Caerus Oil & Gas LLC Roan Creek O&G pipeline COC 50913 Encana Oil & Gas Caerus Oil & Gas LLC Cedar Bench Access road COC 51014 Black Hills Laramie Energy Dry Fork Access road COC 55150 Encana Oil & Gas Caerus Oil & Gas LLC Calf Canyon Compressor site COC 55981 Encana Oil & Gas Caerus Oil & Gas LLC 45.5 Rd O&G pipeline

COC 56186 Black Hills Laramie Energy Wagon Track Ridge Access road COC 58104 Encana Oil & Gas Caerus Oil & Gas LLC Logan Wash Access road COC 59056 Encana Oil & Gas Caerus Oil & Gas LLC Kimball Creek O&G pipeline COC 60322 Holland JD Coates LLC Roan Creek Rd Water pipeline COC 62532 Black Hills Laramie Energy Dry Fork O&G pipeline COC 62675 Roland Brand Dan Fernandez Indian Creek Access road COC 64608 Black Hills Laramie Energy Wagon Track Ridge Access road COC 64990 Black Hills Laramie Energy Castle Rock O&G pipeline COC 67450 Encana Oil & Gas Caerus Oil & Gas LLC Moffett Gulch Access road COC 67473 Encana Oil & Gas Caerus Oil & Gas LLC 6S, 99W, sec 24 Access road COC 67474 Encana Oil & Gas Caerus Oil & Gas LLC 6S 99w, sec 24 O&G pipeline COC 67531 Encana Oil & Gas Caerus Oil & Gas LLC Hay Canyon Comm s ite COC 67700 Encana Oil & Gas Caerus Oil & Gas LLC Post Canyon Repeater COC 68076 Encana Oil & Gas Caerus Oil & Gas LLC Hunter Canyon Access road COC 69301 Encana Oil & Gas Caerus Oil & Gas LLC Roberts Canyon O&G pipeline COC 70643 Encana Oil & Gas Caerus Oil & Gas LLC Orchard Unit Water pipeline COC 70969 Marathon Caerus Oil & Gas LLC Logan Wash Access road COC 73305 Encana Oil & Gas Caerus Oil & Gas LLC Logan Wash Fed #1 SWD COC 74158 Black Hills Laramie Energy Hancock Gulch SWD site COC 74160 Black Hills Laramie Energy Dry Fork Water storage site COC 75703 Encana Oil & Gas Caerus Oil & Gas LLC Fed 33-8 well Water pipeline COC 75705 Encana Oil & Gas Caerus Oil & Gas LLC Fed 33-8 well O&G pipeline COC 76188 Black Hills Laramie Energy DeBeque Water pipeline COC 76370 Black Hills Laramie Energy Homer Deep Unit Water pipeline COC 76837 Black Hills Laramie Energy Winter Flats Water pipeline COC 77005 Black Hills Laramie Energy Winter Flats O&G pipeline Site, road & COC 77006 Black Hills Laramie Energy Winter Flats pipeline COC 77238 Encana Oil & Gas Caerus Oil & Gas LLC Kimball Mountain 6” Surface PL

Exhib it D – Renewals

Serial Number Holder Facility Location COC 3772 Grand Valley Power 7.2 kV Distribution line T8S., R103W., sec 29 COC 28233 Union Pacific Railroad Communications site Nine Mile Hill COC 31343 Lone Mountain Prod Co Access road 7 S 104 W COC 33733 Mesa County Access road Kimball Creek COC 34171 Grand Valley Power 7.2 kV distribution line Little Park road COC 34353 Mesa County Access road Whitewater (31 rd) COC 34411 National Fuel Corp Access road Fed Wells 44-2 & 14-2 COC 35119 National Fuel Corp O&G pipeline 3-10-84 & 3-11-84 COC 35124 Foundation Energy Fund III-B Access Road to well 13-16 COC 35126 Foundation Energy Fund III-B Access road to well 18-12 COC 35129 Black Hills Plateau Prod LLC Access road Horseshoe Canyon unit COC 35167 Grand Valley Power 7.2 kV distribution line Trail Canyon COC 35190 Black Hills Plateau Prod LLC Access road Whitakker Flats COC 35201 Joseph Weinreis Access road Kannah Creek COC 36721 Grand Valley Power 12.5 kV distribution line Debeque cutoff road COC 36722 Grand Valley Rural Power 7.2 kV distribution line Debeque cutoff road COC 36750 Grand Valley Rural Power 7.2 kV distribution line Debeque cutoff road COC 36751 Jean Thomas Access road Little Park Road Sinbad Valley/ COC 36782 Sinbad Ranch LLC Water pipelines Sewemup Mesa COC 36805 National Fuel Corp O&G pipeline Well 2-11-8-104 COC 38491 Wm. Shane Washington Access road Glade Park COC 38522 Red Rock Gathering Co, LLC O&G pipeline Mitchell Road area COC 38523 Rocky Mtn. Nat Gas, LLC O&G Pipeline Bull Basin COC 38530 Jon Kephart Access road Mud Springs COC 38531 National Fuel Corp Access road Hunter Canyon COC 38559 Grand Valley Power 12.5 kV distribution line Port of Entry – Loma COC 40190 Grand Valley Power 12.47 kV distribution line Carr Creek COC 40192 Grand Valley Power 12.5 kV distribution line Dry Fork COC 40195 Grand Valley Power 7.2kV distribution line DeBeque T7S., R98W., sec 15,16 and T7S., R99W., sec COC 40198 Grand Valley Power 14.4 kV distribution line 13 COC 40206 Grand Valley Rural Power 7.2 kV distribution line Glade Park COC 40207 Grand Valley Power 7.2 kV distribution line T13S., R103W., sec 8 COC 40208 Grand Valley Power 14.4 kV distribution line T2S., R1E., sec 3 COC 40210 Grand Valley Power 7.2/12.5 kV distribution line T2S., R1E., sec 10 COC 40214 Grand Valley Rural Power 7.2 kV distribution line Whitewater 10S., 96W., sec 12, 25, COC 40216 Grand Valley Power 7.2/12.5 kV distribution line 26 T10S., R95W., sec 22 COC 40220 Grand Valley Power 7.2 kV distribution line NENE T9S., R94W., sec 33, COC 40221 Grand Valley Power 7.2 kV distribution line NWSE COC 40222 Grand Valley Rural Power 7.2 kV distribution line Whitewater T12S R97W; T13S, COC 40223 Grand Valley Power 12.5kV distribution line R97, 98W; T3S., R2E COC 40224 Grand Valley Power 12.5kV distribution line T12S., R97W., sec 32 COC 40225 Grand Valley Power 12.5kV distribution line T2S., R2E., sec 8, 9, 10 COC 40250 Grand Valley Power 12.5 kV distribution line Munger Gulch COC 40268 Foundation Energy O&G pipeline Prairie Canyon

31st PM, T2S., R1 E., COC 43079 Clifton Water Waterlines + ancillary Rd. Sec 3,4 and 10 COC 43087 Grand Valley Power 12.5 kV distribution line T10S., R 96W., sec 25 COC 43089 Bureau of Reclamation Seismic monitoring station Paradox Valley COC 43090 Department of Energy Communications site Grand Mesa COC 43097 Dennis Carns Water pipeline Pinon Mesa T8S., R103W., sec 22, COC 43100 Maralex Resources Inc. O&G pipeline 27 (Camp Gulch) COC 43117 City of Grand Junction Trailhead/Parking Area Kannah Creek COC 46612 Qwest Corporation Telephone line Highway 340 COC 49004 Qwest Corporation Telephone line Plateau Creek COC 49031 Foundation Energy Management Access road Buniger road COC 49040 American Tower Corp Communications site Nine Mile Hill COC 49045 Qwest Corporation Telephone line Whitewater COC 49046 Northwest Pipeline LLC Access road Hay Canyon COC 49047 HRM Resources LLC O&G pipeline Prairie Canyon COC 50442 Foundation Energy Management O&G pipeline Prairie Canyon COC 50460 Joe Kearl Water pipeline Whitewater COC 50475 Foundation Energy Management O&G pipeline Prairie Canyon COC 50477 HRM Resources LLC O&G pipeline Prairie Canyon COC 57642 Foundation Energy Management O&G pipeline Prairie Canyon COC 75912 Laramie Energy Water pipeline DeBeque COC 75913 Laramie Energy O&G Pipeline T7S., R97W., sec 4