2YHUODQG3DVV1DWXUDO*DV/LTXLGV3LSHOLQH

Record of Decision 

%XUHDXRI/DQG0DQDJHPHQW

&RRSHUDWLQJ$JHQF\86'$)RUHVW6HUYLFH

September 

:\RPLQJ6WDWH2I¿FH5DZOLQV)LHOG2I¿FH
TABLE OF CONTENTS 

I. DECISION ...........................................................................................................................................2 

II. PURPOSE AND NEED .......................................................................................................................6 

III. PROPOSED ACTION AND ALTERNATIVES.....................................................................................7 

A. Proposed Action ................................................................................................................................... 7 

B. Alternatives........................................................................................................................................... 9 

IV. AUTHORITY......................................................................................................................................10 

V. DECISION RATIONALE....................................................................................................................11 

A. Management Considerations ............................................................................................................. 11 

B. Land Use Plan Conformance/Consistency ........................................................................................ 11 

C. Public Involvement............................................................................................................................. 13 

D. Environmental Issues......................................................................................................................... 14 

E. Land Use Conflicts ............................................................................................................................. 16 

F. Consultation and Coordination ........................................................................................................... 17 

VI. APPEALS ..........................................................................................................................................18 

VII. SIGNATURE......................................................................................................................................19 

Appendices:

 Appendix A Terms and Conditions of Approval 

Appendix B Legal Land Descriptions 

Appendix C Table of Committed Mitigation and Recommended Mitigation Measures 

Appendix D Biological Opinion 

Appendix E Memorandum of Agreement (not including attachments) 

Appendix F Overview Maps of the Project 

1 
RECORD OF DECISION 

for the 

OVERLAND PASS PIPELINE PROJECT 

WYOMING, COLORADO, KANSAS 

I. DECISION 

My decision is to grant Overland Pass Pipeline Company, LLC right-of-way (ROW) grant, WYW-166510, 

and associated temporary use permits (TUPs) for additional temporary workspace, access roads, and 

staging areas that would allow the construction, operation, and maintenance of the Overland Pass Natural 

Gas Liquids Pipeline (OPP) project. Overland Pass Pipeline Company, LLC (Overland Pass) is a 

partnership between ONEOK Overland Pass Holdings and Williams Field Services Company. The ROW 

would be granted for a 30-year term that is renewable. Associated TUPs would be approved for a three 

year term. Overland Pass would pay fair market rental for the use and occupancy of all federal lands 

involved in the project. 

The preferred route for the pipeline and the preferred location for the related facilities is the applicant’s 

Proposed Action, as modified by mitigation measures recommended by the Bureau of Land Management 

(BLM) and the United State Department of Agriculture, Forest Service (FS). 

The BLM is responsible for issuing ROW grants across federal lands in accordance with 43 CFR 2880. 

Specifically, 43 CFR 2881.11 requires a BLM ROW grant for any oil or gas pipeline or related facility that 

crosses federal land under BLM’s jurisdiction or under the jurisdiction of two or more federal agencies. 

The OPP project includes construction of 760 miles of new 14-inch diameter and 16-inch diameter buried 

natural gas liquids pipeline in Wyoming, Colorado, and Kansas. Federal lands crossed in Wyoming are 

managed by BLM’s Rawlins, Rock Springs and Kemmerer Field Offices and the Flaming Gorge National 

Recreation Area managed by the FS. Federal lands in Colorado are managed by the Pawnee National 

Grassland. There are no BLM administered lands in Colorado and there are no Federal lands affected in 

Kansas. 

The OPP project will include the following permanent facilities on Federal land. 

1. Approximately 119.93 miles of 14-inch and16-inch diameter pipeline in Lincoln, Sweetwater, 

Carbon, Albany and Laramie Counties, Wyoming, and Weld County, Colorado. 

2. Eight (8) block and/or check valves, 

3. Up to 17.72 miles of ROW on existing access roads to provide a legal right of access to surface 

facilities (pump stations, meters, valve sites). Note: there is some question about the status and 

maintenance responsibilities for several long term access road ROW needs identified by Overland 

Pass. Overland Pass has not conferred with various County Road Use Departments to verify the 

legal status of these roads and BLM does not want to grant long term ROW grants on road under 

a Counties jurisdiction. Therefore, BLM will authorize all roads needed for construction on a 

temporary basis for a three year term. The roads that are needed for long term access to various 

surface facilities will be verified by Overland Pass with the affected Counties prior to a long-term 

ROW being granted. In the interim, these roads will be approved for use during construction with 

a temporary use permit and Overland Pass will verify and if necessary file and application to 

amend their ROW grant after the pipeline has been constructed and road status information is 

verified. 

In addition to the permanent ROW facilities, Overland Pass would utilize 41.92 miles of existing access 

roads across federal land on a temporary basis for up a three year term during construction. Overland 

2 
Pass has also identified approximately 518.42 acres of additional temporary workspace areas and extra 

construction width along the pipeline route. These facilities would be authorized under a temporary use 

permit (TUP) in association with the ROW grant. A detailed list of acreages for all long term ROW and 

short term TUPs by County is contained at the end of this section in Table 1. 

The impacts associated with construction of the entire project regardless of land ownership has been 

addressed in the Overland Pass Pipeline Final Environmental Impact Statement (FINAL EIS), dated 

August 2007. The BLM has determined that the proposed action analyzed in the FINAL EIS is the 

preferred alternative. Review of data supplied for the project, field investigations, scoping, literature 

research, alternatives analysis, and contacts with federal, tribal, state, and local agencies and members of 

the public indicates the proposed project would result in limited adverse environmental impacts. 

Throughout the application permitting process, Overland Pass used information derived from interaction 

with interested parties and data from resource surveys to make refinements to their proposed centerline to 

mitigate adverse affects. If the project is constructed and operated in accordance with applicable laws, 

regulations, and mitigating measures, it would be an environmentally acceptable action. Principal reasons 

supporting this conclusion are: 

1. Approximately 623.7 miles of the 759.9 miles of pipeline (82 percent) would be co-located with 

existing pipeline, utility, or road ROWs. Where the proposed pipeline route would parallel existing 

utilities, Overland Pass’s new permanent ROW would be adjacent to and partially overlap the 

existing permanent ROW. The new pipeline would generally be installed with a 50-foot offset from 

the nearest existing pipeline. The ROW would generally be installed within a 75-foot wide 

construction ROW/TUP with 50-feet (25-feet each side of centerline) as the long term ROW; 

2. Additional related surface facilities for block and check valves, pump stations, meter stations, and 

pigging stations would be constructed within or adjacent to the long term ROW of the proposed 

pipeline. These facilities were located to the extent possible adjacent to existing natural gas 

related pipelines and surface facility ROW locations; 

3. The project would be consistent with or in conformance with all BLM Resource Management 

Plans, with FS National Forest Management Plans, and with known State and local land 

management plans; 

4. Overland Pass would implement its Plan of Development (POD) that includes the following sitespecific plans: Site specific waterbody crossing plans, Seed Mixes, Transportation Plan, 

Hydrostatic Test Plan, Emergency Response Plan, Fire Prevention and Suppression Plan, 

Conservation Measures Plan, Spill Prevention, Containment, and Countermeasure Plan, Blasting 

Plan, HDD Inadvertent Release Plan, Weed Management Plan, Incised Bank Stabilization Plan, 

Winter Construction Plan, Stormwater Plan and Environmental Inspection and Compliance 

Monitoring Plan. When implemented these plans would protect natural resources during 

construction and operation of the OPP Project; 

5. The appropriate consultations with the U.S. Fish and Wildlife Service (FWS) have been completed 

and the FWS issued a Biological Opinion for the project on September 25, 2007. The FWS 

Biological Opinion is attached at Appendix D. 

6. State Historical Preservation Officers (SHPOs), other affected land management agencies and 

identified interested parties, and Native American Tribes have been consulted. A Memorandum of 

Agreement for adverse affects to seven historic sites eligible for inclusion in the National Register 

of Historic Places has been executed by all involved parties and the Advisory Council on Historic 

Preservation. The Memorandum of Agreement is attached as Exhibit E; and 

7. An Environmental Inspection program and an oversight Federal Compliance Monitoring program 

are being implemented by Overland Pass and the BLM/FS to ensure: 1) Overland Pass is in 

3 
compliance with all mitigating measures addressed in this ROD and carried forward as Terms and 

Conditions of Approval in the ROW grant, 2) Overland Passes compliance with the approved 

POD, and 3) the committed mitigation in the FINAL EIS for the project is followed. 

The Terms and Conditions of Approval that will be included in the ROW grant authorizing the OPP Project 

on federal land are listed in Appendix A. A complete list of legal descriptions for all permanent ROW and 

Temporary Use permits is contained in Appendix B. The committed mitigation measures and 

recommended mitigation measures from the FINAL EIS are listed in Appendix C. Overland’s POD has 

been written as a general construction guide and contains all mitigation measures regardless of land 

ownership for the project. With few exceptions, the same mitigating measures applicable to federal land 

would be applied on adjacent state and private land unless different provisions are spelled out in easement 

documents for private or state land. 

Specifically, this decision affects federal land as follows: 

ROW WYW-166510 

1) Authorize construction, operation, and maintenance of a 14-inch and 16-inch diameter, buried, steel 

natural gas liquids pipeline across approximately 119.93 miles of federal land administered by BLM 

and the FS, located in Lincoln, Carbon, Sweetwater, Albany, and Laramie Counties, WY and in Weld 

County, CO. The ROW width granted for the pipeline would be 50 feet (25 feet each side of the 

centerline), across 633,235 feet of federal land, containing approximately 726.85 acres. Included as 

appurtenant facilities for the ROW grant on federal land are 8 block valves, each occupying an area 25 

feet by 25 feet within the boundary of the right-of-way. 

2) Authorize a TUP for the following: 

a) An additional 25 feet of extra construction width along the entire length of the pipeline ROW 

(except where the overall construction width is limited to 60 feet wide in wetland and riparian 

areas, refer to construction drawings for these locations). The TUP for extra construction 

width is approximately 633,235 feet long and 25 feet wide, containing 363.43 acres. 

b) In addition to the 25 feet of extra construction width, additional temporary workspace (ATWS) 

is necessary to safely construct the facilities on steep slopes, at waterbody and wash 

crossings, road and railroad crossings, truck turnarounds, foreign pipeline crossovers, and 

contractor staging areas as defined on the final Overland Pass alignment sheets and 

construction staking drawings made part of the approved POD. The total acreage occupied 

by temporary extra work spaces is 154.99 acres. Additional work sites are irregularly shaped 

and vary in size depending on the use and may range from a less than one tenth of an acre 

up to an acre in size. These ATWS uses and sites are further described in Appendix C, 

Typical Construction Drawings in the POD, and in Table 2.2-5 of the FEIS. 

c) Authorize the use of access roads on a temporary basis to transport personnel, equipment, 

vehicles, and materials to the construction ROW. The access road TUP across 

approximately 237,223 feet of federal land, 25 feet in width contains approximately 136.15 

acres. Locations and classifications of access roads are identified in Appendix F, Access and 

Transportation Plan in the POD. 

Table 1 summarizes acreage calculated by County for the various ROWs and TUPs that are part of this 

decision. 

4 
Table 1. Acreage Calculation for ROWs and TUPs. 

County ROW Pipeline TUP 

25 feet 

extra width 

TUP 

ATWS 

TUP 

Access 

Roads 

Lincoln, WY 63.13 31.57 9.31 33.44 

Sweetwater, WY 348.61 174.31 87.54 39.96 

Carbon, WY 167.00 83.50 39.95 53.02 

Albany, WY 13.44 6.72 8.04 0.64 

Laramie, WY 0.41 0.21 0.0 0.0 

Weld, CO 134.25 67.12 10.15 9.09 

TOTAL 726.85 363.43 154.99 136.15 

Authorization of ROW grant WYW-166510, and the associated TUP is subject to the Terms and 

Conditions of Approval contained in Appendix A, including Overland’s POD that incorporates the 

committed mitigation measures from the FINAL EIS. The legal land descriptions for the project are 

provided in Appendix B of this ROD. Overland Pass has requested a 30-year term for the ROW under the 

Mineral Leasing Act. TUP’s for access roads, extra work space, and additional construction width would 

be issued for a three calendar year term. The ROW grant would expire on December 31, 2036, unless, 

prior thereto, the grant is relinquished, abandoned, terminated, or modified pursuant to the terms and 

conditions of the ROW grant or of any applicable federal law or regulation. The ROW grant is renewable. 

TUPs would be authorized for three calendar years from the date the ROW grant is executed. 

Overland Pass will post a performance bond in the amount of $ Six hundred thousand and 00/100 dollars, 

($600,000.00) to ensure adequate adherence to all terms and conditions. The bond will apply to the 

following: 

1. Restoration and reclamation of disturbed areas and other requirements relative to the 

construction phase of the project. 

2. Liability for damages or injuries resulting from releases or discharges of hazardous 

materials. 

3. Implementation of the Memorandum of Agreement Regarding Adverse Affects to Historic 

Properties for the project. 

The bond may be released as specific tasks are completed and accepted by the BLM and FS. This bond 

must be maintained in effect until temporary improvements used during construction are removed and 

restoration and reclamation of the ROW has been accepted by the appropriate land management agency. 

Prior to construction or other surface disturbance associated with the ROW grant, and associated TUP, the 

BLM AO or delegated agency representative will issue written Notices to Proceed (NTPs) - Form 2800-15. 

NTPs will authorize construction or use only as therein expressly stated and only for the particular location, 

segment, area, or use described. NTPs issued by the BLM only apply to federal lands or in the case of 

cultural resources to those resources described in treatment plans as part of the federal undertaking. 

5 
The OPP project is a common carrier pipeline as required by the Mineral Leasing Act (MLA), and as such 

could connect to other common carrier pipelines to deliver product to and from various locations. 

The Forest Service has adopted the FINAL EIS per Title 40 CFR Part 1506.3 in considering Overland’s 

application. Under the MLA of 1920, as amended, Section 185(f), the BLM has authority to issue the ROW 

grant for all federal lands. By the approvals provided from the Forest Supervisor Ashley National Forest 

and the Forest Supervisor, Arapahoe Roosevelt National Forest and Pawnee National Grassland, the FS 

concurs in the issuance of a ROW grant across federal lands under their jurisdiction. However, the FS 

shall administer and enforce the provisions of the ROW grant and TUP insofar as they involve Federal 

lands under their jurisdiction including approval of any variances and acceptance of restoration and 

reclamation. 

II. PURPOSE AND NEED 

The purpose of the proposed OPP Project is to transport up to 150,000 barrels per day (bpd) of natural 

gas liquids (NLG’s) in a pipeline that would begin at existing natural gas processing facilities in Opal, 

Wyoming, and end at existing fractionating facilities in Conway, Kansas. The pipeline would be 

approximately 14-inch-diameter between Opal and Echo Springs, Wyoming, and 16-inch-diameter from 

Echo Springs, Wyoming, to Conway, Kansas. Three electric pump stations would move the NGL at a 

maximum pressure of 1,440 pounds per square inch, gauge (psig). Pump stations are proposed near Echo 

Springs and Laramie, Wyoming, and near WaKeeney, Kansas. The pipeline would have manual or 

self-actuating shut-off valves at regular intervals, as well as pigging facilities to periodically clean the 

pipeline and meter stations to measure volumes. 

NLG’s are hydrocarbon liquids that are associated with the production and processing of natural gas. As 

natural gas production increases, typical NGL production also increases. When natural gas is removed 

from the ground, it is compositionally different than what is transported through natural gas transmission 

systems and ultimately used as an energy source for end uses such as home heating and cooking, and 

industrial energy. When removed from the ground, the mixture is predominately methane, but also 

includes heavier hydrocarbons and inert gases. Although the mixture can vary greatly, a typical stream 

may include 85 percent methane, 10 percent heavier hydrocarbons (NLG’s), and 5 percent inert gases. 

Some of the NLG’s and inert gases must be removed to make the natural gas salable and transportable. 

Existing NGL pipelines in the region are operating at or near capacity. The Proposed Action would address 

the needs of producers in Colorado and Wyoming by providing additional NGL pipeline capacity out of the 

Rocky Mountain region to new and existing markets. 

NGL’s are typically processed into the following marketable products: 

• Ethane – primarily used for the production of plastics; 

• Propane – typically used for heating purposes in areas without access to natural gas, but also can be 

utilized in the production of plastics; and 

• Butanes and natural gasoline – primarily used for motor gasoline blending. 

The Rocky Mountain region is a significant contributor to the supply of natural gas in the U.S., producing 

approximately 25 percent of the U.S. natural gas. Natural gas production in the Rocky Mountains 

increased 56 percent between 1999 and 2003. Some experts predict that the Rocky Mountain region’s gas 

production could increase from 3.3 trillion cubic feet per year (tcfy) in 2002 to 4.6 tcfy in 2010 and 6.3 tcfy 

in 2025 (U.S. Department of Energy [USDOE] 2004). Notwithstanding the variance in supply predictions, 

industry experts agree that production from the Rocky Mountain region would be critical to serving the 

country’s increasing energy needs. Using typical average NGL content (2 gallons per thousand cubic feet) 

and an average NGL recovery factor (50 percent), this increase in natural gas would produce a significant 

increase in NLG’s that would need to be moved. The Proposed Action is in the national interest in that it is 

a major energy facility that would provide significant and much needed NGL transmission capacity. 

6 
III. PROPOSED ACTION AND ALTERNATIVES 

A. Proposed Action 

Project Description: The Proposed Action, as modified by BLM and FS recommended mitigation 

measures, contained in the FINAL EIS is the preferred alternative selected by the BLM. 

As a part of its OPP Project, Overland Pass proposes to construct and operate 759.9 miles of 14-inch and 

16-inch diameter natural gas liquid pipeline in Wyoming, Colorado and Kansas. The pipeline would begin 

at the existing Opal gas plant and proceed southeasterly toward I-80 near Little America. The pipeline 

then generally parallels existing pipeline and utility corridors on the south and north sides of I-80 until it 

extends past Laramie, Wyoming. From Laramie, the corridor veers southeasterly again along the recent 

Rockies Express pipeline into Weld County, Colorado. The pipeline then generally follows a straight line 

southeast along the existing Southern Star pipeline across the Pawnee National Grassland and across 

private lands in eastern Colorado and western Kansas. Maps 1-4 in Appendix F illustrate an overview of 

the entire pipeline project. 

The delivery points are at existing plant facilities and storage facilities owned by the partners of Overland 

Pass Pipeline Company, LLC in Conway and Bushton Kansas. Table 2 lists all the proposed pipeline and 

related pipeline facilities by reference point. This table includes all facilities regardless of land ownership. 

Table 2. Proposed Facilities Associated with the Overland Pass Pipeline Project. 

Facility Name1 RP County, State 

PIPELINE 

Opal, Wyoming, to Echo Springs Pump Station 

(14 inches in diameter) 

0.0 – 

146.5 

Lincoln, Sweetwater, and Carbon 

counties, 

Wyoming 

Echo Springs Pump Station to Conway, Kansas 

(16 inches in diameter) 

146.5 – 

749.4 

Sweetwater, Carbon, Albany, and Laramie 

counties, Wyoming; 

Weld, Morgan, Logan, 

Washington, Yuma counties, Colorado; 

Cheyenne, Rawlins, Thomas, Sheridan, 

Graham, Grove, Trego, Ellis, Russell, 

Barton, Ellsworth, Rice, McPherson 

counties, Kansas 

PUMP STATIONS 

Echo Springs Pump Station 

(Two 1,250 International Organization of Standardization 

[ISO] horsepower [hp] pumps, one is a backup unit) 

146.5 Carbon County, Wyoming 

Laramie Pump Station 

(Two 2,000 ISO hp pumps, one is a backup unit) 

271.7 Albany County, Wyoming 

WaKeeney Pump Station (future) 

(estimate total of 3,000 ISO hp) 

606.0 Sheridan County, Kansas 

METER STATIONS 

Opal Meter Station (Receipt – Williams) 

(interconnect facility sized for receipt of 80,000 bpd of 

NGL) 

0.0 Lincoln County, Wyoming 

7 
Echo Springs Meter Station (Receipt – Williams) 

(interconnect sized for delivery of up to 40,000 bpd of 

NGL) 

146.5 Carbon County, Wyoming 

Laramie Meter Station 271.7 Albany County, Wyoming 

Washington County Meter Station 447.8 Washington County, Colorado 

WaKeeney Meter Station 606.0 Sheridan County, Kansas 

Bushton Meter Station (Delivery – ONEOK) 

(interconnect sized for delivery of up to 109,000 bpd of 

NGL) 

717.5 Ellsworth County, Kansas 

Conway Meter Station (Delivery – Williams) 

(interconnect sized for delivery of up to 109,000 bpd of 

NGL) 

749.4 McPherson County, Kansas 

MLVs 

Block Valves #1 to #34 

Check Valves #1 to #7 

0.0 – 

307.4 Lincoln, Sweetwater, Carbon, Albany and 

Laramie counties, Wyoming 

Block Valves #35 to #51 

Check Valve #8 

322.7 – 

488.7 

Weld, Morgan, Logan, Washington, Yuma 

counties, Colorado 

Block Valves #52 to #75 

Check Valves #9 to #12 

493.5 – 

749.4 

Cheyenne, Rawlins, Thomas, Sheridan, 

Graham, Grove, Trego, Ellis, Russell, 

Barton, Ellsworth, Rice, McPherson 

counties, Kansas 

PIGGING FACILITIES 

Opal Plant – Launcher 0.0 Lincoln County, Wyoming 

Sweetwater Pigging Facility – Launcher and Receiver 72.1 Sweetwater County, Wyoming 

Echo Springs Pump Facility – Launcher and Receiver 146.5 Carbon County, Wyoming 

Albany Pigging Facility – Launcher and Receiver 257.9 Albany County, Wyoming 

Weld Pigging Facility – Launcher and Receiver 342.7 Weld County, Colorado 

Washington County Pigging Facility – Launcher and 

Receiver 

447.8 Washington County, Colorado 

Thomas Pigging Facility – Launcher and Receiver 552.9 Thomas County, Kansas 

Ellis Pigging Facility – Launcher and Receiver 654.7 Ellis County, Kansas 

Bushton Plant (adjacent) – Launcher and Receiver 717.5 Ellsworth County, Kansas 

Mitchell Plant – Launcher and Receiver 736.2 Rice County, Kansas 

Conway Plant – Receiver 749.4 McPherson County, Kansas 

1 All RP (reference points) are approximate and approximate the mileposts created by Overland Pass when the project was 

originally designed. Not all RPs are one mile in length as refinements were made to the centerline during processing. 

On level and gently sloping ground the nominal construction ROW width would be 75 feet (25 feet on the 

spoil side and 50 feet on the working side) while on steep terrain and areas with rock, the nominal 

construction width would be 100 feet (35 feet on the spoil side and 65 feet on the working side) to allow 

adequate room for stockpiling additional spoil material and to create a level work area for safe equipment 

operations. Overland Pass has also requested TUP’s to authorize ATWS needed at drainage and 

waterbody crossings, access road and railroad crossings, foreign utility crossings, truck turnaround areas, 

and staging and storage areas. TUP’s would also authorize use of temporary access roads used to 

access the pipeline ROW during construction phases of the project. These temporary use areas are 

described in the FINAL EIS. All TUP areas are illustrated on the final environmental alignment sheets that 

are part of the Overland Pass POD. The POD is used by the BLM and FS to ensure that construction 

8 
plans mitigate the resource concerns and, when approved by the Authorized Officer, is a binding condition 

of the ROW grant. 

Overland Pass plans to use existing roads to provide access to the construction ROW. The only new 

roads to be built would be the access road driveways into Overland’s pump stations, pigging stations and 

other surface facilities on private lands. Overland Pass has acquired permanent access from those 

landowners as part of their surface use agreements. Overland Pass plans to use existing roads on a 

temporary basis to transport personnel, heavy equipment, vehicles, and materials to the proposed project 

work areas. Overland Pass intends to use 525 existing access roads on a temporary basis to transport 

personnel, equipment, vehicles including high clearance vehicles and heavy trucks, and materials to the 

work areas. 129 access roads would be used in Wyoming, 110 roads would be used in Colorado, and 

286 roads would be used in Kansas. These access roads include Federal and state highways, and 

numerous county, BLM, FS, and private roads. The Project may involve maintenance to improve drainage 

and repair damage caused by heavy equipment operating on approximately 119 existing roads to provide 

a safe and level transportation surface for construction vehicles (61 in roads in Wyoming, 11 roads in 

Colorado, and 47 roads in Kansas). These existing roads consist mostly of dirt roads, such as farm, 

ranch, or BLM access roads and two-track trails. All roads would be required to be restored to preconstruction condition after construction is complete. All access roads were inventoried for cultural 

resources and biological resources in the event maintenance and improvements become necessary during 

construction of the pipeline. 

The temporary use areas and access roads are needed through the construction and restoration phases. 

Overland Pass has requested all BLM TUPs be approved for a three year term, to allow for satisfactory 

restoration, unless prior thereto, they are relinquished, terminated, or modified. 

B. Alternatives 

Alternatives to the proposed action for the OPP Project were considered by BLM and the FS and were 

addressed in the Overland Pass NGL Pipeline FINAL EIS. Several system alternatives, route alternatives 

around the Rock Springs, Wyoming area, and local route variations were described and considered but 

dropped from detailed analysis in the FINAL EIS. The FINAL EIS considered and analyzed in detail the 

following alternatives including the No Action Alternative. 

i. No Action Alternative 

Under the No Action Alternative, the BLM would reject the project as proposed and would not issue a 

ROW grant for the project. Without a ROW grant across federal lands, the Overland Pass pipeline could 

not be constructed due to the federal land ownership patterns in the region. 

Since it is not possible to construct an interstate pipeline without crossing BLM-administered land as 

proposed, the OPP project could not be constructed. There is an existing pipeline system (Enterprise NGL 

Pipeline) that is currently operating near its capacity (225,000 bpd). Despite recent upgrades to the 

Enterprise Pipeline system that would expand the capacity of Enterprise by accommodating up to 50,000 

bpd of additional capacity, regional gas development has already outpaced this pipeline capacity. 

Since the amount of NLG’s being produced in the region is expected to exceed the existing pipeline 

transportation capacity and given the market values of NGL, alternative proposals to transport or store the 

NGL likely would be developed. If the project were not approved, other pipeline e projects would likely be 

proposed in the future. Given the market value of the volumes of natural gas liquids being produced in the 

region, ONEOK, Williams, Overland Pass, or other companies could submit a new ROW grant application 

to the BLM for a different pipeline route. This would initiate a new and separate NEPA process. To date, 

the BLM has not received any other NGL transmission pipeline applications in this region, although 

9 
Overland Pass recently submitted an application to construct a lateral pipeline from the Piceance Basin in 

Colorado that would tie into the Overland Pass mainline at Echo Springs. 

ii. Southern Energy Corridor – Copper Ridge Bypass Alternative 

The Southern Energy Corridor – Copper Ridge Bypass Alternative was analyzed as an alternative to the 

proposed action because the route was identified as a ROW window in the Green River RMP as a 

preferred location for future ROW facilities. The BLM encourages, but does not require, new linear 

projects to construct within these windows. 

The Southern Energy Corridor diverges from the Proposed Action at approximately RP 62 to avoid new 

facilities within areas identified by local government as having the potential to accommodate long term 

growth for the City of Green River. The alternative and follows the Mid-America Pipeline System (MAPL 

System) from approximately RP 92 to RP 120. In contrast to the Proposed Action, the Southern Energy 

Corridor – Copper Ridge Bypass Alternative generally follows the MAPL pipeline southeast until it 

intersects with County Road 430 where the corridor then begins to head back northeast toward Interstate 

80 (I-80). The alternative was modified from the RMP planning window where the route climbed the 

Copper Ridge escarpment. A bypass was created to avoid steep slopes with high slope failure potential 

by diverging from the MAPL route and rejoining the Proposed Action at approximately RP 87. This skirted 

the north edge of Copper Ridge on more gently sloping terrain avoiding the steepest slopes and rocky 

terrain. The Southern Energy Corridor – Copper Ridge Bypass is approximately 4.8 miles longer than the 

corresponding segment of the Proposed Action and did not end up having unique or outstanding benefits 

to justify selecting is as the preferred alternative. 

IV. AUTHORITY 

Section 28(a) of the MLA, as amended (30 U.S.C.185), authorizes the Secretary of the Interior to grant 

qualified applicants ROWs through federal lands for transporting oil, gas, synthetic liquid or gaseous fuels, 

or other refined products. The MLA also accommodates TUPs to supplement each pipeline ROW for 

purposes of constructing, operating, maintaining, and terminating the pipeline, protecting the natural 

environment, and providing for public safety. 

The ROW grant and TUPs will be subject to an environmental inspection and compliance monitoring 

program that would address requirements placed on the project by the federal and other agencies. 

Overland Pass proposes to assign Environmental Inspectors (EIs) to each construction spread on federal 

and non-federal lands. The EIs would likely be hired from a qualified third-party contractor. The 

responsibilities of the EIs are outlined in Overland Pass’ POD and would include ensuring that the ROW 

Grant and environmental conditions attached to the ROW grant and other permits are met. During the 

construction phase, Overland Pass’ EIs would inspect all construction and mitigation activities to ensure 

compliance with the requirements of environmental plans, permits, and conditions. EIs would oversee 

cultural resource monitors and/or biological monitors that may be required to monitor and evaluate 

construction impacts on resources as specified in this EIS. 

In addition to the EI program, Overland Pass agreed to provide funding to implement a third-party 

compliance monitoring program during construction of the project. The compliance monitoring program 

would be implemented on federal lands under the direction and supervision of the BLM and FS. The 

overall objective of the compliance monitoring program is to monitor and document Overland Pass’ 

compliance and/or noncompliance with environmental requirements on federal lands during construction of 

the project. The environmental requirements to be monitored would be limited to those requirements and 

conditions that are either located on federal land (BLM and FS) or those conditions that result from a 

federal permit requirement including: 

10 
• The environmental mitigation measures that were proposed by Overland Pass throughout the 

permitting phase of the project; 

• The Overland Pass POD; 

• The conditions contained in the BLM ROD and the BLM ROW Grant and Temporary Use Permits; 

• The USFWS BO concerning listed endangered or threatened federal species or their habitat; and 

• The approved treatment plan(s) and MOA for the treatment and protection of cultural resources. 

During construction, full-time Compliance Monitors would conduct daily ongoing inspections of 

construction activities and mitigation measures and provide regular feedback on compliance issues to the 

BLM, Overland Pass, and Overland Pass’ EI team. Construction progress and environmental compliance 

would be tracked and documented by the preparation and submittal of daily and weekly reports. In 

addition, the compliance monitoring program is designed to facilitate the timely resolution of compliance 

related issues in the field and to review, process, and track construction related variance requests in a 

timely manner. The Manager of the compliance monitoring program would report directly to the designated 

BLM Project Manager and USFS Project Manager. 

V. DECISION RATIONALE 

Below is a discussion of management considerations and rationale for the decision to approve and issue 

ROW grant WYW-166510 and associated TUP’s. 

A. Management Considerations 

It is the policy of the BLM to: 1) authorize all ROW uses on federal lands in the most efficient and 

economical manner possible, 2) manage ROW use of federal lands through a system of ROW corridors, 

3) maximize the use of performance stipulations through the use of construction, operation, and 

maintenance plans (POD), and 4) assure to the greatest extent possible that all identified impacts are 

mitigated and that the terms and conditions of the ROW grant are complied with (paraphrased from BLM 

manual 2801). 

The decisions in this Record of Decision are consistent with BLM policy. The OPP Project complies with 

existing federal land use plans, including BLM Resource Management Plans (RMPs) for the three affected 

field offices. The decisions of this ROD will not require amending any of the aforementioned BLM RMPs. 

The OPP Project will utilize segments of existing designated utility corridor (windows) and non-designated 

utility corridors. The route also follows portions of yet to be designated National Energy Corridors as part 

of a national energy corridor planning effort required by Section 368 of the Energy Policy Act of 2005. On 

balance, the benefits of implementing the BLM preferred alternative as proposed by Overland Pass and 

modified by the terms and conditions of this ROD and the FINAL EIS for the OPP Project minimize both 

natural resource and social impacts. Environmental protection measures the applicant incorporated into 

its POD and the terms and conditions stipulated in this ROD will minimize resource impacts of this project. 

These measures constitute all practical means to minimize environmental harm and are detailed in the 

POD. Monitoring and environmental compliance during construction will ensure all environmental 

protection measures are completed. All of these considerations have led to my decision to approve and 

offer a ROW grant(s) and TUP to Overland Pass Pipeline Company, LLC for the OPP Project. 

B. Land Use Plan Conformance/Consistency 

This project is subject to and has been reviewed for conformance with the following BLM Field Office 

RMPs for lands under their respective jurisdiction. Rawlins and Kemmerer Field Offices are in the process 

of writing new RMPs for managing public lands and resources. 

11 
Field Offices BLM Land Use Plans Date 

Rawlins Field Office, Wyoming Great Divide Resource Area RMP 11/1990 

Decision/page 15: “All BLM administered public land will be open to consideration for placement of 

utility/transportation systems, but such systems will be located next to existing facilities whenever possible. 

Areas with important resource values identified will be avoided where possible in planning for new facility 

placement and routes. If it becomes necessary for facilities to be placed within avoidance areas, effects 

will be intensively mitigated.” 

Rock Springs Field Office, Wyoming Green River RMP 10/1997 

Page 9, Lands and Realty Management: “Public lands will be made available throughout the 

planning area for rights-of-way, permits, and leases. The planning area, with the exception of 

defined exclusion and avoidance areas, will be open to the consideration of granting rights-ofway.” 

Kemmerer Field Office Wyoming Kemmerer RMP 6/1986 

Decision/page 31: "Rights-of-way will be issued incorporating surface reclamation stipulations (see Soils) 

and other mitigating measures (Appendix A). Restrictions and mitigating measures may be modified on a 

case-by-case basis.” 

Review of these BLM land use plans indicates the OPP Project is in compliance with, or is consistent with, 

these plans. One special area of concern relates to decisions in the Green River RMP for the 

management of sensitive plant species. The GRRMP lists the following management objectives for 

special status species: 

a. Known locations of special status plant species communities will be protected and closed to: 

1) surface disturbing activities or any disruptive activity that could adversely affect the plants or 

their habitat... 

b. Areas with known populations of sensitive plants are considered ROW avoidance areas. 

c. Management objectives for Special Status Species are to: 1) maintain or enhance essential 

and important habitat and prevent destruction or loss of the species’ communities and 

important habitat; 2) provide opportunities for enhancing or expanding the habitat, and 3) 

prevent the need for listing a species as threatened or endangered. 

Special status plant surveys conducted by Overland Pass in 2007 have uncovered multiple populations of 

Nelson's Milkvetch in the proposed ROW. Previous inventories for the milkvetch in 2006 revealed only a 

few individual plants perhaps due to drought conditions which may have suppressed plant growth. 

Overland Pass has avoided plant populations near MP’s 99, 100, 103, 116, and 126 by necking down, 

doing reverse construction lays, and reducing topsoil segregation to trenchline only. Milkvetch plants 

would be fenced with exclusion fencing and avoided by surface disturbance at these locations. One 

population located at MP105.8 that contains Nelson’s milkvetch plants that cannot be missed by the trench 

or construction equipment. At MP105.8 the construction ROW has been limited to the existing disturbance 

of the adjoining MAPCO ROW (approx. 50 feet wide) for 1⁄4 mile on each side of the Overland Trail 

crossing at MP105.9. The plants that cannot be missed are located inside the previously disturbed area of 

the MAPCO ROW. To mitigate the potential impact and loss of plants, Overland Pass has prepared a plan 

that would allow recovery and transplanting approximately 20 individual plants that would otherwise be lost 

and placing them in storage pots until the appropriate transplanting period. A second treatment will 

excavate soils with rhizomes from Nelson’s milkvetch from five one meter plots in the disturbed area to a 

depth of 6-inches. These rhizome plots will be placed back in their approximate original locations after 

construction. All 20 plots and control plots will be hand watered one time after preparation and planting 

and monitored for 3 to 5 successive years after construction to measure success. In addition, Overland 

Pass will contribute monetarily to the Seeds of Success program to allow for the collection, storage and 

transplanting of Nelson milkvetch seeds in study plots located on the ROW and in plots on adjoining 

federal land. Transplanting of Nelson Milkvetch has not been attempted on any known BLM ROW project 

12 
to date. BLM feels that the risk of lasting impact to the species is minimal as the plans will avoid nearly all 

plants and would require relocation of approximately 20 plants. This is a very minor fraction (far less than 

1%) of the plants known to exist in the survey corridor for this project not counting the large number of 

milkvetch specimens observed but not inventoried that are located immediately adjacent to the ROW. 

BLM would stipulate that Overland Pass must notify the authorized officer in advance of initial surface 

disturbing activities so that BLM can inspect the mitigation measures prior to surface disturbance. 

Approval of the plan would be consistent with the objectives of the GRRMP for sensitive plants. 

This decision complies with land use plans for the Ashley National Forest-Flaming Gorge National 

Recreation Area. Public Law 90-540 established Flaming Gorge NRA on October 1, 1968. The Act 

designated 189,825 acres in northeastern Utah and southwestern Wyoming as Flaming Gorge National 

Recreation Area “to provide, in furtherance of the Colorado River Storage project, for public outdoor 

recreation use and enjoyment of the Flaming Gorge Reservoir and surrounding lands... and the 

conservation of scenic, scientific, historic and other values contributing to public enjoyment of such lands 

and waters...” (Sec. 1) The Secretary of Agriculture is charged with administering, protecting, and 

developing Flaming Gorge National Recreation Area in a manner that “will best provide for (1) public 

outdoor recreation benefits; (2) conservation of scenic, scientific, historical, and other values contributing 

to public enjoyment; and (3) provide such management, utilization, and disposal of natural resources as 

will promote or are compatible with, and do not significantly impair, the purposes for which the recreation 

area is established.” (Sec. 2). 

This decision complies with land use plans for the Arapaho and Roosevelt National Forests and Pawnee 

National Grassland Land and Resource Management Plan. 

C. Public Involvement 

On March 24, 2006, BLM issued a Notice of Intent to prepare an Environmental Impact Statement and 

hold a series of public scoping meetings for the proposed pipeline project. A News Release announcing 

the locations and times for four scoping meetings was sent to the BLM project mailing list and media 

outlets. Scoping meetings were conducted in open house format where attendees were provided 

information about the project and given an opportunity to ask resource specialists questions as well as 

express their concerns about the project. A total of 53 individuals attended scoping meetings. BLM 

received 54 comment submittals containing 276 individual comments during the scoping period. BLM and 

Overland Pass used the public comments to make adjustments to the proposed action and develop 

alternatives to be analyzed in the EIS. 

Key scoping comments included: 

o Reroute the pipeline south of the Arrowhead Springs Subdivision where an existing pipeline is 

located 

o Evaluate rationale for deviating from existing corridors 

o Restoration and environmental oversight should be addressed in the EIW for private lands 

affected by the proposed project 

o Consider construction and maintenance activities in the vicinity of high voltage transmission lines 

o Evaluate potential impacts on critical habitat that supports wildlife and special status species 

o Describe impacts on special status fish species and native fish 

13 
o Address ROW impacts to agriculture affecting use of pivot irrigation and loss of farmland

productivity 

o Address impacts to historic trails such as the Overland and Cherokee Trails 

o Identify the positive economic impacts to communities 

The Draft EIS was noticed by the Environmental Protection Agency on March 30, 2007, in the Federal 

Register. The BLM mailed 718 copies of the Draft EIS to interested parties, including federal, state, and 

local officials and agencies; special interest groups; area libraries and newspapers; and individuals and 

affected landowners. A 45-day comment period following the notice in the Federal Register ended on 

May 14, 2007. No public meetings were held during the comment period due to the low number of 

outstanding issues involved in the project. 

The BLM received comments on the Draft EIS from a total of 15 parties; one of which responded twice. 

Each comment letter was given an index number, which is listed in Table 10-1 of the Final EIS, along with 

the affiliation and name of the commenter. Comment letters were received from the Fish and Wildlife 

Service, Environmental Protection Agency, Wyoming Game and Fish, Wyoming DEQ, Sweetwater, 

Russell, Barton, and McPherson Counties, several Kansas State elected representatives, Overland Pass, 

Wyoming Pipeline Authority, and the University of Wyoming. No non-governmental organizations or 

private individuals commented on the Draft EIS. 

All comments received during the public review period were reviewed and considered in preparation of the 

Final EIS. The Environmental Protection Agency issued a notice of availability in the Federal Register for 

the Final EIS on August 24, 2007. The notice provided for a 30-day review and comment period. No 

adverse comments have been received in response to the Final EIS. 

One construction related issue raised by the Western Area Power Administration (Western) are the 

multiple crossings of Western owned electric transmission lines crossed by the OPP project. BLM did not 

include details of these transmission line crossings or other utility crossings in the environmental analysis 

since these are typically construction related issues. However, Western commented that Overland Pass 

must ensure that all electrical safety clearances are maintained during construction and that the pipeline 

design, construction and long term maintenance operations do not affect their transmission facilities. Any 

areas where the Overland Pass pipeline right-of-way encroaches onto transmission line right-of-way will 

require a license agreement between Overland Pass and Western. The six crossing locations and 

possibly a short parallel segment of pipeline ROW would require such agreements where transmission line 

right-of-way overlaps with the pipeline right-of-way. License agreements would include site specific safety 

provisions to ensure the pipeline did not adversely affect Western’s transmission lines or access roads 

including requirements for advance notification prior to construction and appropriately marking the pipeline 

location within the transmission line right-of-way. A condition of approval will be added to the BLM ROW 

grant to specify Overland Pass must coordinate with Western and obtain any required agreements prior to 

construction. 

D. Environmental Issues 

Based on the Final EIS and associated appendices, BLM and the FS have determined that with application 

of Terms and Conditions of Approval, the environmental impacts of the OPP Project would result in limited 

adverse environmental impacts that would remain after application of the committed mitigation proposed 

by Overland Pass. BLM has considered the appropriate and reasonable terms and conditions that would 

further reduce potential project-related impacts. These additional Terms and Conditions of Approval 

contained in Appendix A shall be added to the ROW grant offered by BLM. 

Environmental issues and impacts of the proposed OPP Project are examined in the Final EIS. The Final 

EIS also discusses the significant unavoidable impacts, irreversible/irretrievable commitment of resources, 

14 
short- and long-term uses of the environment, and cumulative impacts. By applying Overland Passes 

proposed mitigation contained in the POD and the additional terms and conditions of approval that will be 

added to the BLM ROW grant offer (Appendix A), BLM concludes the proposal would result in the following 

unavoidable impacts: 

o Soils. A small fraction of the construction ROW and ancillary facility topsoil that would be graded, 

stockpiled, and replaced would be mixed, buried, or lost from the ROW or site because of wind 

and water erosion, especially across sensitive soils. 

o Native Vegetation/Wildlife Habitats. Clearing and grading native and non-native grassland, 

shrubland, and forest communities would result in long-term changes in species composition and 

community structure (height and density) within the pipeline construction ROW and ancillary sites. 

Based on reconnaissance of existing pipeline ROWs, recovery of pre-existing vegetation cover 

and diversity for grassland communities after disturbance generally is 5 years. Shrubland forest 

communities would begin to regenerate within 10 years but may take 20 to 30 years to fully 

restock. 

o Land Use. Private land would be converted to utility uses within new permanent utility ROWs for a 

minimum 30-year project life. Landowners would be restricted from placing structures over the top 

of the pipeline ROW. Land uses that would not interfere with pipeline operations (e.g., farming, 

livestock grazing, etc.) would continue. A small amount of rangeland and agricultural land would 

be converted to pipeline products terminals, pump stations, and pressure control stations for the 

project life. The Proposed Action could result in conversion of 9 acres to these industrial land 

uses. 

o Water Quality. Unavoidable temporary impacts to water quality could occur during construction at 

river crossings. Turbidity and sedimentation could be increased, although mitigation measures 

would minimize the extent and duration of impacts. Similarly, unplanned releases (frac-outs) of 

drilling mud could occur during installation of the HDD crossing on the South Platte River crossing. 

o Wildlife and Fisheries Resources. Aquatic habitat could be unavoidably disturbed, either in the 

short term or the long term at river crossings. Trenching activities could result in localized 

mortalities to fish, macro-invertebrates, and amphibians. Egg and juvenile life stages would be the 

most vulnerable to equipment. Depending on the time of construction, crossing of the Green River, 

Chief Creek, and North Fork of the Republican River could cause mortalities to fall-spawning fish, 

such as kokanee salmon and brown trout. If the planned open-cut crossings of the Hams Fork 

River and Blacks Fork River were improperly restored, there could be long-term effects on fish 

habitat and reproduction over and above the existing impacts from prior pipeline projects. 

Potential scouring at these crossings could affect fish movements during low flow periods. 

Terrestrial biota could be disturbed, removed, or, in rare instances, killed during construction 

activities. 

o Public Safety. Installation of a pipeline has some degree of unavoidable potential impact with 

regard to public safety. Risk analysis indicates the occurrence of a pipeline accident resulting in 

the spill or release of product that would affect the public is unlikely. The pipeline is new and 

incorporates safety features and design aspects that increase safety. 

o Aesthetics. The presence of the pipeline and associated facilities has an unavoidable aesthetic 

effect. For several years following construction, the pipeline would be visible, as vegetation reestablishes. 

o Cultural Resources. Construction could result in the loss of unique or significant archaeological 

information. Required surveys and mitigation plans reduce this potential. Implementation of 

Unanticipated Discovery Plans will guide mitigation efforts in the event cultural resources are 

discovered during construction. 

The major nonrenewable resources that would be consumed by the proposed project that are irreversible 

are fossil fuels used to power construction equipment and, over the life of the project itself, the proposed 

electric powered pump stations would consume energy. The primary resources irretrievably lost would 

include soils (resulting from wind and water erosion in disturbed areas); water (used for dust control); land 

15 
use (aboveground facilities would replace rangeland for the life of the project); wildlife habitat (temporary to 

long-term loss); sagebrush vegetation communities (long-term loss), and agricultural land include the loss 

of agricultural crop production for the season during construction in impacted areas. 

Cumulative Impacts are addressed in detail in the Final EIS (Chapter 5). Existing and foreseeable 

projects that overlapped or could overlap the OPP Project were identified throughout the length of the 

pipeline and evaluated. Environmental issues associated with construction, operation, and maintenance of 

the OPP Project were analyzed using information provided by Overland Pass, and further developed from 

data requests; field investigations; scoping; literature research; alternatives analysis; contacts with federal, 

tribal, state, and local agencies; and input from public groups and organizations. 

Overland Pass prepared specific plans (included by reference in the Terms and Conditions of Approval 

and POD) that include measures to mitigate potential impacts. These plans include: 

• Site specific waterbody crossing plans, 

• Seed Mixes, 

• Transportation Plan, 

• Hydrostatic Test Plan, 

• Emergency Response Plan, 

• Fire Prevention and Suppression Plan, 

• Conservation Measures Plan, 

• Spill Prevention, 

• Containment, and Countermeasure Plan, 

• Blasting Plan, 

• HDD Inadvertent Release Plan, 

• Weed Management Plan, 

• Incised Bank Stabilization Plan, 

• Winter Construction Plan, 

• Environmental Inspection and Compliance Monitoring Plan. 

This ROD incorporates the committed mitigation measures proposed by Overland Pass in the POD and 

additional mitigation measures proposed by BLM in the form of terms and conditions of approval to 

address impacts not addressed in Overland Pass’s POD (See ROD Appendix A and C). 

E. Land Use Conflicts 

Nearly all of the federal lands along the proposed OPP Project route contain various valid existing rights. 

The OPP route contains multiple existing ROW authorizations for other pipelines, fiber optics lines, access 

roads, electric lines, and phone cables. Overland Pass will physically locate and avoid all existing ROW 

facilities during their construction activities. The ROW grant issued to Overland Pass on federal lands will 

generally overlap with the ROW grant for the nearest utility. Where the new Overland Pass pipeline will 

cross or intersect with existing pipelines or other utilities, Overland Pass would be buried below or 

underneath the existing ROW facility in accordance with Department of Transportation (DOT) 

specifications and any site specific crossing agreements that were required. 

All of the federal lands along the OPP Project route are under grazing permit from the BLM. BLM grazing 

permit holders will be notified by Overland Pass prior to construction on their grazing allotment. Many of 

the allotments in the Rock Springs area are winter sheep allotments and Overland Pass is required to work 

with the permittees to allow access for sheep operations during the overlapping construction period. 

Because the disturbance associated with pipeline construction is temporary, there would be no reductions 

in grazing preference as a result of the project. Overland Pass’s POD states they will perform mitigation 

16 
measures such as bracing any fence that must be cut, temporarily fencing out critical portions of the ROW 

if necessary to minimize impacts to livestock, and notifying operators prior to construction. Overland Pass 

will also install soft trench plugs at 0.5-mile intervals and at livestock watering or trailing locations to 

minimize impacts on grazing activities. 

F. Consultation and Coordination 

Section 7, Endangered Species Act: Informal and formal consultation was initiated by the FERC with 

the FWS for a number of listed species, including Colorado River fishes. On September 25, 2007, the 

FWS issued a Biological Opinion and concurrence letter concluding consultation on these species. The 

Biological Opinion is attached as Appendix D. 

Section 106, National Historic Preservation Act: Consultation under Section 106 of the NHPA has 

been completed as evidenced by the signed Memorandum of Agreement for the project dated September 

26, 2007, and attached as Exhibit E. Overland Pass completed Class III inventories of all pipeline and 

related facilities, and access roads involved in the project. A treatment plan for adversely affected sites 

was prepared and incorporated into the Memorandum of Agreement for the project. A discovery plan 

which outlines the manner in which unanticipated sites found during construction are dealt with is included 

in the treatment plan. As a signatory to the MOA, Overland Pass has accepted and agreed to comply with 

all terms and conditions of the MOA. The BLM ROW grant will be made subject to the requirements and 

mitigation measures contained in the MOA. Mitigation measures including avoidance, excavation of sites, 

exclusion fencing, and open trench monitoring have been incorporated into Overland Passes project plans. 

Native American Consultation: As lead federal agency, the BLM is responsible for conducting Native 

American Consultation with Native American tribes known to have affiliations with lands affected by the 

project. Overland Pass and BLM will continue to work with the tribes through the construction phase of the 

project if additional issues are raised. 

BLM retained the services of SWCA to assist with the Native American consultation efforts for the project 

and the identification of traditional cultural places or properties located within the project area. Twenty-two 

federally recognized tribes were identified as potentially having an interest in the project. Of these 22 

tribes, 7 tribes remain fully involved and continue to participate in all aspects of tribal consultation, 3 tribes 

requested project information and have provided comment on the project, 8 tribes stated they had no 

concerns for this project, and 4 tribes did not respond to follow up contact for this project. Consultation 

efforts by the BLM-Rawlins Field Office resulted in 2 inter-tribal meetings, 3 on-site field visits to 14 

archaeological sites and places identified as possibly possessing cultural or religious significance to tribes 

and the monitoring of 1 site during deep testing. Follow-up correspondence in the form of emails, 

telephone calls, project updates, and tribal response letters have taken place as part of the federal 

agency’s ongoing effort to maintain government-to-government relationships with federally recognized 

tribes. There were no new places of cultural or religious significance identified for this project. 

During the field visits, tribal representatives expressed concerns specifically for all cultural resources that 

would be directly impacted by the proposed pipeline route and its construction. Tribes requested the 

pipeline be moved to increase buffers between cultural resources and the pipeline corridor. Overland Pass 

has adopted many of the suggested realignments suggested by the tribes. Of specific importance to some 

tribes was the location of the proposed pipeline in relation to the Foote Creek Rim Archaeological District 

in southern Wyoming. After careful consideration, the BLM determined that the route least likely to impact 

historic properties was the proposed route. Although the alignment crosses the Archaeological District, it 

crosses the district following previously disturbed lands within an existing utility corridor. This utility 

corridor already has 5 existing pipelines and a fiber optics cable including the recently constructed (2006) 

Entrega 36-inch diameter natural gas pipeline. The proposed route avoids crossing the existing 

infrastructure of the Arlington Wind Farm located along the Foote Creek Rim mesa top. Additional 

concerns discussed with the tribes included what laws each state has for protection of burials on private 

17 
and state lands, mitigation of potential impacts, and treatment of inadvertent discoveries. Overland 

Passes treatment and discovery plans address these concerns. Several tribes expressed the desire to 

conduct monitoring during construction of the pipeline. The tribes were provided the opportunity to identify 

sites or locations they felt should be monitored by tribal representatives during the construction phase of 

the project. Overland Pass volunteered to consider any specific monitoring proposals identified by any of 

the involved tribes. 

Consultation efforts with the tribes are ongoing and will likely continue through the construction and 

rehabilitation phase of the project. 

VI. APPEALS 

This decision may be appealed to the Interior Board of Land Appeals, Office of the Secretary, in 

accordance with the regulations contained in 43 CFR, Part 4. If an appeal is taken, your notice of appeal 

must be filed with the State Director, Bureau of Land Management, Wyoming State Office, P.O. Box 1828, 

Cheyenne, Wyoming, 82003 or delivered to BLM Wyoming State Office, 5353 Yellowstone Road, 

Cheyenne, Wyoming, within 30 days from the date of this decision. The appellant has the burden of 

showing that the decision appealed is in error. 

If you wish to file a petition pursuant to regulations at 43 CFR 2801.10 or 43 CFR 2881.10 for a stay of the 

effectiveness of this decision during the time that your appeal is being reviewed by the Board, the petition 

for a stay must accompany your notice of appeal. A petition for a stay is required to show sufficient 

justification based on the standards listed below. Copies of the notice of appeal and petition for a stay 

must also be submitted to each party named in this decision and to the Interior Board of Land Appeals and 

to the appropriate Office of the Solicitor (see 43 CFR 4.413) at the same time the original documents are 

filed in this office. If you request a stay, you have the burden of proof to demonstrate that a stay should be 

granted. 

Standards for Obtaining a Stay 

Except as otherwise provided by law or other pertinent regulations, a petition for a stay of a decision 

pending appeal shall show sufficient justification based on the following standards: 

(1) The relative harm to the parties if the stay is granted or denied, 

(2) The likelihood of the appellant’s success on the merits, 

(3) The likelihood of immediate and irreparable harm if the stay is not granted, and 

(4) Whether the public interest favors granting the stay. 

18 

APPENDIX A: TERMS AND CONDITIONS OF 

APPROVAL 

20 
Appendix A Page 1 of 7 

1. The holder shall construct, operate, and maintain the facilities, improvements, and structures 

within this right-of-way in strict conformity with the Plan of Development which was approved and 

made part of the grant on October 1, 2007. Any relocation, additional construction, or use that is 

not in accord with the approved plan of development, shall not be initiated without the prior written 

approval of the authorized officer. A copy of the complete right-of-way grant, including all 

stipulations and approved plan of development, shall be made available on the right-of-way area 

during construction, operation, and termination to the authorized officer. Noncompliance with the 

above will be grounds for immediate temporary suspension of activities if it constitutes a threat to 

public health and safety or the environment. 

2. The holder will not initiate any construction or other surface disturbing activities on the right-ofway (ROW) without prior written authorization of the Authorized Officer (AO). Such authorization 

will be a written Notice to Proceed (Form 2800-15) issued by the AO or his delegated 

representative. Each Notice to Proceed (NTP) will authorize construction or use only as therein 

expressly stated and only for the particular location or use therein described, i.e., a construction 

spread by number or compressor station by name. The AO will issue a NTP subject to such 

terms and conditions as deemed necessary when the design, construction, use, and operation 

proposals are in conformity with the terms and conditions of these stipulations. 

3. The AO may suspend or terminate (in writing) in whole or in part any NTP which has been issued, 

when in his judgment, unforeseen conditions arise which result in the approved terms and 

conditions being inadequate to protect the public health and safety or to protect the environment. 

4. Any cultural resources (historic or prehistoric site or object) affected by the project or discovered 

by the holder, or any person working on his behalf, shall be addressed in accordance with the 

executed Memorandum of Agreement and associated treatment plans and discovery plans 

approved by the Advisory Council for Historic Preservation on September 26, 2007. 

5. The holder will be in compliance with the Biological Opinion for listed and proposed species 

associated with this project signed by the US Fish and Wildlife Service on September 25, 2007. 

6. The holder will attend preconstruction conference(s) prior to the holder's commencing 

construction and/or surface disturbing activities on the ROW or specific construction spread on 

the ROW. The holder and/or his representatives will attend this conference. The holder's 

contractor, or agents involved with construction and/or any surface disturbing activities associated 

with the ROW, will also attend this conference to review the stipulations of the grant including the 

plan(s) of development, as applicable. 

7. The holder shall designate a representative who shall have the authority to act upon and to 

implement instructions from the authorized officer. The holder’s representative shall be available 

for communication with the authorized officer within a reasonable time when construction or other 

surface disturbing activities are underway. 

8. The holder shall protect all survey monuments found within the right-of-way. Survey monuments 

include, but are not limited to, General Land Office and Bureau of Land Management Cadastral 

Survey Corners, reference corners, witness points, U.S. Coastal and Geodetic benchmarks and 

triangulation stations, military control monuments, and recognizable civil (both public and private) 

survey monuments. In the event of obliteration or disturbance of any of the above, the holder 

shall immediately report the incident, in writing, to the authorized officer and the respective 

installing authority if known. Where General Land Office or Bureau of Land Management right-ofway monuments or references are obliterated during operations, the holder shall secure the 

services of a registered land surveyor or a Bureau cadastral surveyor to restore the disturbed 

monuments and references using surveying procedures found in the Manual of Surveying 

Instructions for the Survey of the Public Lands in the United States, latest edition. The holder 

shall record such survey in the appropriate county and send a copy to the authorized officer. If 
Appendix A Page 2 of 7 

the Bureau cadastral surveyors or other Federal surveyors are used to restore the disturbed 

survey monument, the holder shall be responsible for the survey cost. 

9. Prior to crossing or constructing within any existing Western Areas Power Administration 

(Western) electric transmission line or using Westerns access road system, the holder shall 

coordinate with Western and obtain any required license agreements. License agreements would 

include site specific safety provisions to ensure the pipeline did not adversely affect Western’s 

transmission lines or access roads including requirements for advance notification prior to 

construction and appropriately marking the pipeline location within the transmission line right-ofway. 

10. No construction or routine maintenance activities shall be performed during periods when the soil 

is too wet to adequately support construction equipment. In areas where topsoil has not been 

removed, rutting from construction activities shall not exceed 4 inches on all federal lands, with 

the exception of the PNG where the rutting restriction is 3 inches. If rutting exceeds these depths, 

it shall be considered excessive and operations halted until conditions are dry. If conditions do not 

improve, Overland Pass shall consult with the applicable federal agencies to determine if 

alternate topsoil removal techniques may be employed to alleviate rutting concern. 

11. Frozen soil or soil mixed with snow will not be used in construction. 

12. The Holder shall be responsible for control of all invasive/noxious weed species on any and all 

disturbed sites, including areas outside the development where weeds have established due to 

project installation and development. All vehicles and equipment used for project construction 

and maintenance for the life of the project shall be power or high pressure washed prior to 

entering the project area. The Holder is responsible for consultation with the Authorized Officer 

and/or local authorities and provide any needed updates to the weed plan portion of the Plan of 

Development for acceptable weed control, and shall comply with the following: 

13. Use of pesticides shall comply with all applicable Federal and State laws. Pesticides shall be 

used only in accordance with their registered uses within limitations imposed by the Secretary of 

the Interior. Prior to the use of the pesticides, the Holder shall obtain from the Authorized Officer, 

written approval of a Pesticide Use Proposal Plan showing the type and quantity of material to be 

used, pest(s) to be controlled, method of application, locations of storage and disposal of 

containers, and any other information deemed necessary by the Authorized Officer. 

14. Only those chemicals (pesticides and herbicides) listed on the BLM approved label list are 

authorized for use on public lands. A Pesticide Use Proposal (PUP) must be submitted for each 

chemical used, and it cannot be used until approval has been obtained in writing from the BLM 

authorized officer. The report needs to include any surfactants or dyes used in the spraying 

operation. Applicator(s) of chemicals used must have completed the pesticide certification 

training and have a current up to date Certified Pesticide Applicator’s License. Pesticide 

Application Records for the areas and acres treated must be submitted to the BLM Kemmerer, 

Rock Springs, and Rawlins Field Offices each year. This includes the following: 

Brand or Product name 

EPA registration number 

Total amount applied (use rate #A.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 
Appendix A Page 3 of 7 

The record information must be recorded no later than 14 days following the pesticide 

application and must be maintained for ten years. 

15. Holder shall limit excavation to the areas of construction. No borrow areas for fill material will be 

permitted on the site. All off-site borrow areas must be approved in writing by the authorized 

officer in advance of excavation. All waste material resulting from construction or use of the site 

by holder shall be removed from the site and disposed of in an approved facility and manner. All 

waste disposal sites on public land must be approved in writing by the authorized officer in 

advance of use. 

16. Fences, gates, and brace panels affected by construction shall be reconstructed to appropriate 

Bureau standards and/or specifications as determined by the authorized officer. 

17. Construction-related traffic shall be restricted to routes approved by the authorized officer. New 

access roads or cross-country vehicle travel will not be permitted unless prior written approval is 

given by the authorized officer. Authorized roads used by the holder shall be rehabilitated or 

maintained when construction activities are complete as approved by the authorized officer. 

18. Prior to any discharge, hydrostatic testing water will be tested and processed to ensure that the 

water meets local, State or Federal water quality standards. This includes meeting NPDES 

permit requirements as stated in Chapter XVIII of the Wyoming Water Quality Rules and 

Regulations and any applicable rules and regulations in Colorado and Kansas. Prior to discharge 

of hydrostatic testing water from the pipeline, the holder shall design and install a suitable energy 

dissipator(s) at the outlet(s), and design and install suitable channel protection measures 

necessary to ensure that there will be no erosion or scouring of natural channels within the 

affected watershed as a result of such discharge. The holder will be held responsible for any 

erosion or scouring resulting from such discharge. Sandbags, rock, or other materials or objects 

installed shall be removed from the site upon completion of hydrostatic testing. 

19. All permanent above ground structures at the facility, not subject to safety requirements shall be 

painted to blend with the natural color of the landscape. The color selected for this project shall 

match Shale Green (5Y 4/2), or be an acceptable substitute pre-approved by the local manager. 

20. Construction sites shall be maintained in a sanitary condition at all times; waste materials at those 

sites shall be disposed of promptly at an appropriate waste disposal site. ‘Waste’ means all 

discarded matter including, but not limited to, human waste, trash, garbage, refuse, oil drums, 

petroleum products, ashes, and equipment. A litter policing program shall be implemented by the 

holder which covers all roads and sites associated with the right-of-way. 

21. The holder shall comply with all applicable Federal, State and local laws and regulations, existing 

or hereafter enacted or promulgated, with regard to any Hazardous Materials, as defined in this 

paragraph, that will be used, produced, transported or stored on or within the R/W or any of the 

R/W facilities, or used in the construction, operation, maintenance or termination of the R/W or 

any of its facilities. ‘Hazardous material’ means any substance, pollutant or contaminant that is 

listed as hazardous under the CERCLA of 1980, as amended, 42 U.S.C. 9601 et seq., and its 

regulations. The definition of hazardous substances under CERCLA includes any ‘Hazardous 

waste’ as defined in the RCRA of 1976, as amended, 42 U.S.C. 6901 et seq. and its regulations. 

The term hazardous materials also includes any nuclear or byproduct material as defined by the 

Atomic Energy Act of 1954, as amended. 42 U.S.C. 2011 et seq. The term does not include 

petroleum, including crude oil or any fraction thereof that is not otherwise specifically listed or 

designated as a hazardous substance under CERCLA section 101(14), 42 U.S.C. 9601(14), nor 

does the term include natural gas. The holder of Right-of-Way No. WYW-166510 agrees to 

indemnify the United States against any liability arising from the release of any hazardous 

substance or hazardous waste (as these terms are defined in the Comprehensive Environmental 

Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq. Or the Resource 

Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq.) On the right-of-way (unless the 
Appendix A Page 4 of 7 

release or threatened release is wholly unrelated to the right-of-way holder’s activity on the rightof-way). This agreement applies without regard to whether a release is caused by the holder, its 

agent, or unrelated third parties. 

22. For the purpose of determining joint road maintenance responsibilities, the holder shall make 

road use plans known to all other authorized users of the road. Holder shall provide the 

authorized officer, within 30 days from the date of the grant, with the names and addresses of all 

parties notified, dates of notification, and method of notification. Failure of the holder to share 

proportionate maintenance costs on the common use access road in dollars, equipment, 

materials, or manpower with other authorized users may be adequate grounds to terminate the 

use of the road. The determination as to whether this has occurred and the decision to terminate 

shall rest with the authorized officer. Upon request, the authorized officer shall be provided with 

copies of any maintenance agreement entered into. 

23. Within 120 days of completion, the holder will submit to the authorized officer, as-built drawings 

and a certification of construction verifying that the facility has been constructed (and tested) in 

accordance with the design, plans, specifications, and applicable laws and regulations. 

24. The holder shall not initiate any construction or other surface disturbing activities as a minor 

change on the right-of-way without prior written authorization of the Authorized Officer, or his 

delegate. Such authorization shall be a written Variance. Each Variance shall authorize 

construction or use only as therein expressly stated and only for the particular location and use 

therein described. Authorized Officer approved Level 1 and 2 Variances, as described and 

delegated in the Plan of Development, are subject to such terms and conditions as deemed 

necessary at the time of approval. Approved Variances authorize construction or use only as 

therein expressly stated and only for the particular location, segment, area, or use described. 

Variances approved under these grant provisions apply to Federal lands and to the federal 

undertaking as described in the Cultural Resources Memorandum of Agreement. The Authorized 

Officer (in writing) may suspend or terminate in whole or in part any Variance which has been 

approved, when in his judgment, unforeseen conditions arise which result in the approved terms 

and conditions being inadequate to protect the public health and safety or to protect the 

environment. 

25. The holder may request exceptions in writing to wildlife timing restrictions contained in the 

approved Plan of Development. Any exceptions must be evaluated and approved in writing by 

the authorized officer prior to the holder conducting any surface disturbing or prior to conducting 

activities disruptive to wildlife. The exception request must explain the reason(s) for the 

exception, why the proposed activities will not impact the species or their habitat, and the dates 

for which the exception is requested. Data supporting the exception must accompany the written 

request. 

26. The holder will provide a bond acceptable to the Authorized Officer in the amount of Six Hundred 

Thousand and 00/100 dollars ($600,000.00), for the following items prior to issuance of a 

Notice(s) to Proceed: 

o Restoration and reclamation of disturbed areas and other requirements relative to the 

construction phase of the project. 

o Liability for damages or injuries resulting form releases or discharges of hazardous 

materials during the construction and reclamation phase of the project. 

o Accommodating all cultural resources post-field work costs associated with implementing 

a treatment plan or other mitigative activities. Such costs may include, but are not limited 

to treatment, field work, post-field analyses, research, and report preparation, interim and 

summary reports preparation, and the curation of project documentation and artifacts 

collects (except for NAGPRA related human remains and cultural artifacts) in a BLM 
Appendix A Page 5 of 7 

approved curation facility. The portion of the bond addressing cultural resources may be 

forfeited if any tasks are not completed within the time period established by the 

Memorandum of Agreement or modification thereto; provided, however, that the BLM and 

the holder may agree to extend any such time periods. 

The BLM will notify the holder that the surety (if one is used) is subject to forfeiture and will 

allow the holder 15 days to respond before action is taken to forfeit the surety. The bond will 

be released, in whole or in part, as specific tasks are completed and accepted by the BLM. 

This bond must be maintained in effect until removal of temporary improvements and 

restoration and reclamation of the ROW has been accepted by the AO. 

27. In the event of noncompliance with the terms and conditions of the ROW grant, the BLM will 

notify the holder that the surety (if one is used) is subject to forfeiture and will allow the holder 15 

days to respond before action is taken to forfeit the surety. The bond must be maintained in 

effect until removal of temporary improvements and restoration and reclamation of the ROW has 

been accepted by the AO. Upon completion, or partial completion of construction related 

reclamation requirements, the AO may reduce or terminate the amount of the bond. 

28. This ROW grant is made subject to the condition that, pursuant to 43 CFR 2885.11(b)(16), the 

holder will at all times hold itself out to the public as a common carrier pipeline. The pipeline 

owners and operators must accept, convey, transport, or purchase without discrimination all oil or 

gas delivered to the pipeline without regard to where the oil and gas was produced (i.e., whether 

on Federal or non-federal lands). Where natural gas not subject to state regulatory or 

conservation laws governing its purchase by pipeline companies is offered for sale, each pipeline 

company must purchase, without discrimination, any such natural gas produced in the vicinity of 

the pipeline. Common carrier provisions of this paragraph do not apply to natural gas pipelines 

operated by a: 

o Person subject to regulation under the Natural Gas Act (15 U.S.C. 717 et seq.); or 

o Public utility subject to regulation by state or municipal agencies with the authority to set 

rates and charges for the sale of natural gas to consumers within the state or 

municipality. 

29. The holder will be liable for all fire suppression costs resulting from fires caused during 

construction. All guidelines and restrictions imposed by agency fire control officials will be 

followed. 

30. Overland Pass shall monitor for subsidence during construction and operation in susceptible 

areas. Overland Pass shall use appropriate design standards and ground monitoring devices to 

assure pipeline integrity. 

31. On the Ashley National Forest, topsoil shall not be removed from the temporary workspace area. 

32. If water is present, all waterbodies (regardless of size and flow) and wetlands on federal lands 

shall have an approved crossing structure consisting of either a temporary culvert, rock fill, or 

equipment bridge. One pass of clearing equipment and equipment for installation of a bridge shall 

be allowed across the waterbody or wetland. 

33. On an as-needed basis as determined and specified through consultations with appropriate state 

and federal fisheries and water quality agencies, power washing of equipment with water and 

other chemicals as specified shall be required to avoid transfer of whirling disease, parasites, or 

nuisance organisms after equipment crosses perennial streams. Suitable chemical treatments 

may be used for equipment cleaning when sustained daytime temperatures are below freezing. 

Any fluids used for this purpose that contain additives (e.g., chlorine) shall not be discharged to 

streams or drainages, but shall be disposed of in an agency-approved manner at an appropriate 

facility. 
Appendix A Page 6 of 7 

34. If water is withdrawn from the surface waters containing fisheries (e.g., for HDD or hydrostatic 

testing) during the period from April 1 through October 31, Overland Pass shall utilize a filter 

screen with a mesh size that would prevent impingement and entrainment of aquatic organisms. 

The mesh size would be 3/32-inch to protect larval fish. For surface water withdrawals during 

November 1 through March 31, a 0.5-inch mesh filter screen may be used. 

35. Overland Pass shall use construction techniques applicable for flowing waterbodies when 

dry/seasonally dry lake beds are crossed during saturated or inundated conditions. 

36. On federal land, Overland Pass shall reduce the total construction ROW width to 60 feet in 

riparian and wetland areas. 

37. Prior to any discharge, hydrostatic testing water will be tested and processed to ensure that the 

water meets local, state, or federal water quality standards. This includes meeting NPDES permit 

requirements as stated in Chapter XVIII of the Wyoming Water Quality Rules and Regulations. 

Prior to discharge of hydrostatic testing water from the pipeline, the holder shall design and install 

a suitable energy dissipator(s) at the outlet(s), and design and install suitable channel protection 

measures necessary to ensure that there will be no erosion or scouring of natural channels within 

the affected watershed as a result of such discharge. Overland Pass would be responsible for 

any erosion or scouring resulting from such discharge. Straw bales, sandbags, rock, or other 

materials or objects installed will be removed from the site upon completion of hydrostatic testing. 

38. To minimize impacts to waterbodies, wetlands, and riparian areas, Overland Pass shall set back 

temporary workspace areas a minimum distance of 50 feet from the edge of waterbodies, 

wetlands, or riparian areas, whichever distance would provide the greatest protection. The 

distance shall be measured from the water bank of the waterbody, the margin of a wetland, and 

the exterior edge of a riparian area. In addition, erosion and sediment control measures, including 

but not limited to, silt fence, straw bales, berms, water bars, and mulching shall be installed 

around each TWA to prevent soil movement into the nearby sensitive area. 

39. Overland Pass shall continue to monitor and control invasive plant species and noxious weeds 

along the ROW for the life of the project. 

40. The duration a trench is open shall be limited to 10 days from RP 0 to RP 110 on federal land 

administered by the BLM Kemmerer and Rock Springs field offices. In areas with large amounts 

of rock where trenching may take longer and may include blasting, Overland Pass may request 

variances from this mitigation measure on a case-by-case basis. 

41. To avoid impacts to kokanee salmon and brown trout movements and effects on habitat from ice 

in the winter and high flows in the spring, construction across the Green River shall occur 

between July 1 and August 15 or between October 15 and November 20. Overland Pass will 

notify WGFD at least 72 hours prior to initiating construction at streams with sensitive fisheries 

(see Table 3.5-2 in FEIS). 

42. If there is perceptible flow within Bitter Creek at the time of crossing, Overland Pass shall use a 

dry crossing method (dam-and-pump or flume method) to protect the flannelmouth sucker 

populations. 

43. Overland Pass shall prepare a plan prior to construction to be approved by the BLM to avoid 

disturbance to Nelson’s milkvetch plant locations. Overland Pass shall notify the Rock Springs 

Field Office 48 hours in advance of anticipated construction, reclamation and monitoring activities 

at Nelson’s milkvetch plant locations so that the authorized officer can inspect or monitor 

activities. No construction or surface disturbance in Nelson’s milkvetch locations shall be 

undertaken without a written NTP from the Authorized Officer. 
Appendix A Page 7 of 7 

44. Overland Pass shall notify all federal grazing permit holders at least 5 days in advance of 

construction activities. Additionally, Overland Pass must take measures to avoid cutting off 

access to rangeland for winter sheep operations. 

45. Overland Pass shall post notification at recreation sites and on main access roads into these 

recreation sites warning users of heavy traffic related to construction of the project. 

46. In order to comply with BLM regulations at 43 CFR 2886.10, prior to operating the pipeline, 

Overland Pass must provide a certification to BLM in writing that it has constructed and tested the 

pipeline in accordance with the terms of the ROW grant and it is in compliance with the plans, 

specifications, and federal and state laws and regulations concerning the pipeline. 
APPENDIX B: LEGAL LAND DESCRIPTIONS 

21 
OVERLAND PASS PIPELINE PROJECT 

EXHIBIT A 

LEGAL DESCRIPTIONS ON FEDERAL LANDS TOTAL ALL COUNTIES 

ADDITIONAL TEMPORARY WORKSPACE ACRES 

LINCOLN COUNTY, WYOMING 9.31 SWEETWATER COUNTY, WYOMING 87.54 CARBON COUNTY, WYOMING 39.95 ALBANY COUNTY, WYOMING 8.04 LARIMER COUNTY, COLORADO 0.00 WELD COUNTY, COLORADO 10.15 TOTAL 154.99 PERMANENT ROW 

LINCOLN COUNTY, WYOMING SWEETWATER COUNTY, WYOMING CARBON COUNTY, WYOMING ALBANY COUNTY, WYOMING LARIMER COUNTY, COLORADO WELD COUNTY, COLORADO 

LENGTH/FT. 

54,999 

303,713 

145,494 

11,713 

360 

116,956 

WIDTH/FT. 

50 

50 

50 50 

50 

50 

ACRES 

63.13 

348.61 

167.00 

13.44 

0.41 

134.25 

TOTAL 633,235 50 726.85 TEMPORARY ROW LINCOLN COUNTY, WYOMING SWEETWATER COUNTY, WYOMING CARBON COUNTY, WYOMING ALBANY COUNTY, WYOMING LARIMER COUNTY, COLORADO WELD COUNTY, COLORADO 

LENGTH/FT. 

54,999 

303,713 145,494 

11,713 

360 

116,956 

WIDTH/FT. 

25 

25 25 

25 

25 

25 

ACRES 

31.57 

174.31 

83.50 

6.72 

0.21 

67.12 

TOTAL 633,235 25 363.43 

ATWS PERMANENT PIPELINE ROW (50') TEMPORARY PIPELINE ROW (25') 

Lincoln County, Wyoming Acres Length/Feet Width/Feet Acres Length/Feet Width/Feet Acres 

Township 20 North, Range 114 West, 6th P.M. Pipeline Section 6: LOT 4, LOT 5, NE/4 SW/4, W/2 SE/4, SE/4 SE/4 0.00 5,538 50 6.36 5,538 25 3.18 Section 8: SW/4 NW/4, W/2 SW/4 0.00 3,291 50 3.78 3,291 25 1.89 Section 20: E/2 NE/4, NE/4 SE/4 0.00 3,279 50 3.76 3,279 25 1.88 Section 28: NE/4 NW/4, W/2 NE/4, NW/4 SE/4, E/2 SE/4 0.00 5,622 50 6.45 5,622 25 3.23 Section 34: NW/4 NW/4, E/2 NW/4, NE/4 SW/4, W/2 SE/4, SE/4 SE/4 1.93 6,550 50 7.52 6,550 25 3.76 Township 19 North, Range114 West, 6th P.M. Pipeline Section 2: LOT 4, LOT 3, SE/4 NW/4, S/2 NE/4, NE/4 SE/4 0.00 5,838 50 6.70 5,838 25 3.35 Section 12: N/2 NE/4 1.30 1,689 50 1.94 1,689 25 0.97 Township 19 North, Range 113 West, 6th P.M. Pipeline Section 8: S/2 SE/4, N/2 SW/4, SE/4 SW/4 3.35 4,981 50 5.72 4,981 25 2.86 Section 16: N/2 NW/4, SE/4 NW/4, S/2 NE/4, NE/4 SE/4 0.12 5,983 50 6.87 5,983 25 3.43 Section 22: NE/4 NE/4 0.28 1,122 50 1.29 1,122 25 0.64 Section 24: N/2 SW/4, S/2 SE/4, SE/4 SW/4 1.36 5,098 50 5.85 5,098 25 2.93 Township 19 North, Range 112 West, 6th P.M. Pipeline Section 30: LOT 1, E/2 NW/4, S/2 NE/4, NE/4 SE/4 0.80 6,007 50 6.90 6,007 25 3.45 Section 32: NE/4 NE/4 0.17 1 50 0.00 1 25 0.00 TOTAL 9.31 54,999 50 63.13 54,999 25 31.57 

09/24/2007 
OVERLAND PASS PIPELINE PROJECT 

EXHIBIT A 

LEGAL DESCRIPTIONS ON FEDERAL LANDS 

ATWS 

Sweetwater County, Wyoming Acres Length/Feet Width/Feet Acres Length/Feet Width/Feet Acres 

Township 18 North, Range 112 West, 6th P.M. Pipeline Section 2: LOT 4, LOT 3, LOT 2, S/2 NE/4 1.26 5,172 50 5.94 5,172 25 2.97 Section 12: NE/4 NE/4 0.51 443 50 0.51 443 25 0.25 Township 18 North, Range 111 West, 6th P.M. Pipeline Section 8: SW/4 SW/4 0.09 765 50 0.88 765 25 0.44 Section 20: NE/4 NE/4 0.95 1,091 50 1.25 1,091 25 0.63 Section 22: N/2 NW/4, N/2 NE/4 1.29 5,350 50 6.14 5,350 25 3.07 Section 24: S/2 NW/4, NE/4 SW/4, N/2 SE/4, S/2 NE/4 0.00 5,753 50 6.60 5,753 25 3.30 Township 18 North, Range 110 West, 6th P.M. Pipeline Section 14: S/2 NW/4, S/2 NE/4 0.92 5,349 50 6.14 5,349 25 3.07 Section 16: S/2 NW/4, S/2 NE/4 1.03 5,293 50 6.08 5,293 25 3.04 Section 20: S/2 NW/4, SW/4 NE/4, E/2 NE/4 0.00 6,497 50 7.46 6,497 25 3.73 Township 18 North, Range 109 West, 6th P.M. Pipeline Section 14: S/2 SE/4 0.00 2,634 50 3.02 2,634 25 1.51 Section 18: S/2 SW/4, S/2 SE/4 0.48 5,409 50 6.21 5,409 25 3.10 Township 18 North, Range 108 West, 6th P.M. Pipeline Section 18:LOT 8, SE/4 SW/4, S/2 SE/4 0.00 4,019 50 4.61 4,019 25 2.31 Section 20: N/2 NW/4, N/2 NE/4 0.00 5,423 50 6.22 5,423 25 3.11 Section 22: S/2 NW/4, S/2 NE/4, NE/4 SE/4 0.00 5,376 50 6.17 5,376 25 3.09 Section 24: NW/4 SW/4, S/2 SW/4, S/2 SE/4 0.00 5,618 50 6.45 5,618 25 3.22 Township 18 North, Range 107 West, 6th P.M. Pipeline Section 32: NE/4 NE/4 0.29 370 50 0.42 370 25 0.21 Township 17 North, Range 107 West, 6th P.M. Pipeline Section 4: LOT 6, LOT 10, SE/4 NE/4 1.11 3,097 50 3.55 3,097 25 1.78 Section 12: S/2 NW/4, E/2 SW/4, S/2 SE/4 2.91 6,686 50 7.67 6,686 25 3.84 Township 17 North, Range 106 West, 6th P.M. Pipeline Section 7: LOT 9 1.08 1,387 50 1.59 1,387 25 0.80 Section 8: W/2 SW/4, NE/4 SW/4, N/2 SE/4, SE/4 SE/4 1.63 6,812 50 7.82 6,812 25 3.91 Section 10: S/2 SW/4, S/2 SE/4 0.00 5,274 50 6.05 5,274 25 3.03 Section 12: S/2 SW/4, NE/4 SW/4, N/2 SE/4, SE/4 NE/4 0.00 6,190 50 7.11 6,190 25 3.55 Section 16: LOT 1 1.35 1,326 50 1.52 1,326 25 0.76 Section 17: NE/4 NE/4 2.12 211 50 0.24 211 25 0.12 Township 17 North, Range 105 West, 6th P.M. Pipeline Section 2: LOT 5 1.53 1,316 50 1.51 1,316 25 0.76 Section 4: LOT 8 1.11 2,191 50 2.51 2,191 25 1.26 Section 8: N/2 NW/4 0.00 267 50 0.31 267 25 0.15 Township 18 North, Range 105 West, 6th P.M. Pipeline Section 34: S/2 NW/4, NE/4 SE/4, S/2 NE/4 0.00 5,402 50 6.20 5,402 25 3.10 

PERMANENT PIPELINE ROW (50') TEMPORARY PIPELINE ROW (25') 

09/24/2007 
OVERLAND PASS PIPELINE PROJECT 

EXHIBIT A 

LEGAL DESCRIPTIONS ON FEDERAL LANDS 

ATWS 

Sweetwater County, Wyoming Acres Length/Feet Width/Feet Acres Length/Feet Width/Feet Acres 

PERMANENT PIPELINE ROW (50') TEMPORARY PIPELINE ROW (25') 

Township 17 North, Range 104 West, 6th P.M. Pipeline Section 4: N/2 SW/4, N/2 SE/4 1.15 5,307 50 6.09 5,307 25 3.05 Section 6: LOT 13, NE/4 SW/4, NW/4 SE/4, NE/4 SE/4, SW/4 SE/4, SE/4 SE/4 1.13 5,428 50 6.23 5,428 25 3.12 Township 18 North, Range 104 West, 6th P.M. Pipeline Section 36: S/2 NW/4, S/2 NE/4 0.00 5,401 50 6.20 5,401 25 3.10 Township 18 North, Range 103 West, 6th P.M. Pipeline Section 32: S/2 NW/4, NW/4 NE/4, NE/4 NE/4, SE/4 NE/4, SW/4 NE/4 2.17 5,281 50 6.06 5,281 25 3.03 Section 34: S/2 NW/4, S/2 NE/4 0.69 5,384 50 6.18 5,384 25 3.09 Township 17 North, Range 103 West, 6th P.M. Pipeline Section 2: LOT 1 0.00 102 50 0.12 102 25 0.06 Township 17 North, Range 102 West, 6th P.M. Pipeline Section 2: S/2 SE/4 0.86 2,634 50 3.02 2,634 25 1.51 Section 6: LOT 5, SE/4 NW/4, NE/4 SW/4, NW/4 SE/4, SW/4 SE/4, SE/4 SE/4 5.67 5,920 50 6.80 5,920 25 3.40 Section 8: NW/4 NW/4, SW/4 NW/4, SE/4 NW/4, NE/4 SW/4, N/2 SE/4 2.40 6,123 50 7.03 6,123 25 3.51 Section 10: NW/4 SW/4, S/2 NW/4, SW/4 NE/4, E/2 NE/4 3.02 5,495 50 6.31 5,495 25 3.15 Section 12: NE/4 NE/4 0.00 1,104 50 1.27 1,104 25 0.63 Township 17 North, Range 101 West, 6th P.M. Pipeline Section 12: SW/4 SW/4, NW/4 SW/4, NE/4 SW/4, NW/4 SE/4, SW/4 NE/4, SE/4 NE/4 7.91 5,746 50 6.60 5,746 25 3.30 Section 14: N/2 NW/4, NW/4 NE/4 4.85 3,341 50 3.83 3,341 25 1.92 Section 16: S/2 NW/4, SW/4 NE/4, NW/4 SE/4, NE/4 SE/4, SE/4 NE/4 2.07 5,762 50 6.61 5,762 25 3.31 Section 18: NE/4 NE/4 0.00 873 50 1.00 873 25 0.50 Township 17 North, Range 100 West, 6th P.M. Pipeline Section 4: S/2 NW/4, LOT 7, LOT 6, LOT 5 4.15 5,724 50 6.57 5,724 25 3.29 Section 8: NW/4 NW/4 0.69 1,054 50 1.21 1,054 25 0.60 Township 18 North, Range 100 West, 6th P.M. Pipeline Section 34: LOT 14, LOT 15, LOT 16 0.00 3,861 50 4.43 3,861 25 2.22 Section 36: SW/4 NW/4, SE/4 NW/4, SW/4 NE/4, NW/4 NE/4, NE/4 NE/4 0.87 5,566 50 6.39 5,566 25 3.19 Township 18 North, Range 99 West, 6th P.M. Pipeline Section 2: SE/4 SE/4 0.00 325 50 0.37 325 25 0.19 Section 10: SW/4 SE/4, SE/4 SE/4, NE/4 SE/4 2.26 2,671 50 3.07 2,671 25 1.53 Section 16: SE/4 SW/4, SW/4 SE/4, NW/4 SE/4, NE/4 SE/4, SE/4 NE/4 0.00 4,158 50 4.77 4,158 25 2.39 Section 20: SE/4 SW/4, SW/4 SE/4, NW/4 SE/4, NE/4 SE/4, SE/4 NE/4 0.00 3,813 50 4.38 3,813 25 2.19 Section 30: SE/4 SE/4 0.00 132 50 0.15 132 25 0.08 Township 18 North, Range 98 West, 6th P.M. Pipeline Section 6: LOT 11 0.88 1,106 50 1.27 1,106 25 0.63 Township 19 North, Range 98 West, 6th P.M. Pipeline Section 24: SW/4 SW/4, NW/4 SW/4, NE/4 SW/4, NW/4 SE/4, NE/4 SE/4 0.00 5,455 50 6.26 5,455 25 3.13 Section 26: NW/4 NW/4 0.00 909 50 1.04 909 25 0.52 Section 28: NW/4 SW/4, NE/4 SW/4, NW/4 SE/4, SW/4 NE/4, SE/4 NE/4 0.00 5,531 50 6.35 5,531 25 3.17 

09/24/2007 
OVERLAND PASS PIPELINE PROJECT 

EXHIBIT A 

LEGAL DESCRIPTIONS ON FEDERAL LANDS 

ATWS PERMANENT PIPELINE ROW (50') TEMPORARY PIPELINE ROW (25') 

Sweetwater County, Wyoming Acres Length/Feet Width/Feet Acres Length/Feet Width/Feet Acres 

Section 32: SW/4 NW/4, NW/4 NW/4, NE1/4 NW/4 0.19 3,083 50 3.54 3,083 25 1.77 Township 19 North, Range 97 West, 6th P.M. Pipeline Section 14: N/2 SW/4, N/2 SE/4 1.07 5,289 50 6.07 5,289 25 3.04 Section 20: SW/4 NW/4, SE/4 NW/4, NW/4 NW/4, NE/4 NW/4, NW/4 NE/4 0.00 3,605 50 4.14 3,605 25 2.07 Township 19 North, Range 96 West, 6th P.M. Pipeline Section 18: LOT 3, NE/4 SW/4, NW/4 SE/4, SW/4 NE/4, SE/4 NE/4 1.61 5,370 50 6.16 5,370 25 3.08 Section 16: NW/4 NW/4, NE/4 NW/4, NW/4 NE/4, NE/4 NE/4 2.63 5,408 50 6.21 5,408 25 3.10 Section 10: S/2 SW/4, S/2 SE/4 1.34 4,516 50 5.18 4,516 25 2.59 Section 12: N/2 SW/4, N/2 SE/4 0.00 5,565 50 6.39 5,565 25 3.19 Township 19 North, Range 95 West, 6th P.M. Pipeline Section 2: NW/4 SW/4, NE/4 SW/4, NW/4 SE/4, SW/4 NE/4, SE/4 NE/4 4.08 5,478 50 6.29 5,478 25 3.14 Section 4: SW/4 SE/4, SE/4 SE/4 0.00 2,213 50 2.54 2,213 25 1.27 Section 8: S/2 NW/4, S/2 NE/4, N/2 SW/4 1.26 5,542 50 6.36 5,542 25 3.18 Township 19 North, Range 94 West, 6th P.M. Pipeline Section 2: SW/4 NW/4, SE/4 NW/4, SW/4 NE/4, SE/4 NE/4 1.10 5,286 50 6.07 5,286 25 3.03 Section 4: LOT 4, LOT 3, LOT 2, LOT 1 0.00 5,266 50 6.04 5,266 25 3.02 Section 6: LOT 5, SE/4 NW/4, SW/4 NE/4, SE/4 NE/4 0.63 5,337 50 6.13 5,337 25 3.06 Township 20 North, Range 92 West, 6th P.M. Pipeline Section 32: SE/4 SE/4 0.27 509 50 0.58 509 25 0.29 Section 34: NW/4 SW/4, NE/4 SW/4, NW/4 SE/4, NE/4 SE/4 1.67 5,463 50 6.27 5,463 25 3.14 Township 20 North, Range 91 West, 6th P.M. Pipeline Section 22: SW/4 SE/4, SE/4 SE/4 0.00 2,428 50 2.79 2,428 25 1.39 Section 24: N/2 SW/4, E/2 NW/4, NW/4 NE/4 2.23 5,089 50 5.84 5,089 25 2.92 Section 28: N/2 SW/4, SE/4 NW/4, S/2 NE/4, NE/4 NE/4 3.23 5,850 50 6.71 5,850 25 3.36 Section 30: LOT 4, SE/4 SW/4, SW/4 SE/4, SE/4 SE/4, NE/4 SE/4, NW/4 SE/4 2.54 5,234 50 6.01 5,234 25 3.00 Township 20 North, Range 90, West, 6th P.M. Pipeline Section 6: E/2 SE/4 0.61 1,233 50 1.42 1,233 25 0.71 Section 18: LOT 1 0.00 356 50 0.41 356 25 0.20 Township 21 North, Range 90, West, 6th P.M. Pipeline Section 34: SW/4 SW/4, N2 SW/4, NW/4 SE/4, S/2 NE/4 2.65 6,255 50 7.18 6,255 25 3.59 Section 36: NW/4 NW/4 0.00 411 50 0.47 411 25 0.24 TOTAL 87.54 303,713 50 348.61 303,713 25 174.31 

09/24/2007 
OVERLAND PASS PIPELINE PROJECT 

EXHIBIT A 

LEGAL DESCRIPTIONS ON FEDERAL LANDS ATWS PERMANENT PIPELINE ROW (50') TEMPORARY PIPELINE ROW (25') 

Carbon County, Wyoming Acres Length/Feet Width/Feet Acres Length/Feet Width/Feet Acres 

Township 19 North, Range 93 West, 6th P.M. Pipeline Section 2: NW/4 SW/4, NE/4 SW/4, NW/4 SE/4, NE/4 SE/4 1.06 5,282 50 6.06 5,282 25 3.03 Section 4: S/2 SW/4, S/2 SE/4 2.46 5,281 50 6.06 5,281 25 3.03 Section 6: LOT 6, NE/4 SW/4, NW/4 SE/4, NE/4 SE/4, SE/4 SE/4 0.62 5,210 50 5.98 5,210 25 2.99 Township 19 North, Range 92 West, 6th P.M. Pipeline Section 6: LOT 5, SE/4 NW/4, SW/4 NE/4, SE/4 NE/4, NE/4 NE/4 3.95 5,184 50 5.95 5,184 25 2.98 Township 21 North, Range 89, West, 6th P.M. Pipeline Section 26: SW/4 NW/4, NW/4 SW/4, NE/4 SW/4, NW/4 SE/4, NE/4 SE/4 5.96 5,465 50 6.27 5,465 25 3.14 Section 28: NE/4 SW/4, N/2 SE/4 0.88 3,970 50 4.56 3,970 25 2.28 Section 30: LOT 3, LOT 4, NE/4 SW/4, NW/4 SE/4, NE/4 SE/4 2.53 5,314 50 6.10 5,314 25 3.05 Township 21 North, Range 88, West, 6th P.M. Pipeline Section 26: SW/4 NW/4, SE/4 NW/4, SW/4 NE/4, SE/4 NE/4, NE/4 SW/4, NW/4 SE/4 0.00 5,324 50 6.11 5,324 25 3.06 Section 28: SW/4 NW/4, SE/4 NW/4, SW/4 NE/4, SE/4 NE/4 2.54 5,337 50 6.13 5,337 25 3.06 Section 30: LOT 3, NE/4 SW/4, N/2 SE/4, SE/4 NE/4 2.92 5,239 50 6.01 5,239 25 3.01 Township 21 North, Range 87, West, 6th P.M. Pipeline Section 30: LOT 2, LOT 3, NE/4 SW/4 2.95 1,421 50 1.63 1,421 25 0.82 Section 34: NW/4 NW/4, NE/4 NW/4, NW/4 NE/4, NE/4 NE/4 0.00 5,241 50 6.02 5,241 25 3.01 Township 21 North, Range 86, West, 6th P.M. Pipeline Section 32: SW/4 NW/4, SE/4 NW/4, SW/4 NE/4, SE/4 NE/4 0.53 5,311 50 6.10 5,311 25 3.05 Section 34: SW/4 NW/4, SE/4 NW/4, SW/4 NE/4. SE/4 NE/4 0.96 5,639 50 6.47 5,639 25 3.24 Township 21 North, Range 85, West, 6th P.M. Pipeline Section 32: SW/4 NW/4, SE/4 NW/4, SW/4 NE/4, NW/4 SE/4, NE/4 SE/4 0.00 5,713 50 6.56 5,713 25 3.28 Section 34: SW/4 SW/4, SE/4 SW/4, SW/4 SE/4, SE/4 SE/4 0.00 5,305 50 6.09 5,305 25 3.04 Section 36: SW/4 SW/4, SE/4 SW/4, SW/4 SE/4, SE/4 SE/4 1.19 5,459 50 6.27 5,459 25 3.13 Township 21 North, Range 84, West, 6th P.M. Pipeline Section 25: SW/4 NE/4, SE/4 NE/4, NE/4 NE/4 0.84 3,010 50 3.46 3,010 25 1.73 Section 26: SW/4 SE/4, SE/4 SE/4 0.58 2,644 50 3.03 2,644 25 1.52 Section 32: NW/4 SW/4, NE/4 SW/4, NW/4 SE/4, NE/4 SE/4 0.00 5,286 50 6.07 5,286 25 3.03 Section 34: S/2 NW/4, NW/4 SW/4, S/2 NE/4, NE/4 NE/4 1.17 5,620 50 6.45 5,620 25 3.23 Township 21 North, Range 83, West, 6th P.M. Pipeline Section 14: SW/4 NW/4, SE/4 NW/4, SW/4 NE/4, SE/4 NE/4 2.59 5,281 50 6.06 5,281 25 3.03 Section 30: LOT 1, NE/4 NW/4 0.00 2,030 50 2.33 2,030 25 1.17 Township 21 North, Range 82, West, 6th P.M. Pipeline Section 14: SW/4 SW/4, SE/4 SW/4, SW/4 SE/4, SE/4 SE/4 0.91 5,266 50 6.04 5,266 25 3.02 Section 16: SW/4 SW/4, SE/4 SW/4, SW/4 SE/4, SE/4 SE/4 0.00 5,243 50 6.02 5,243 25 3.01 Section 18: LOT 3, NE/4 SW/4, NW/4 SE/4, NE/4 SE/4 1.06 5,337 50 6.13 5,337 25 3.06 Township 21 North, Range 81, West, 6th P.M. Pipeline Section 18: LOT 4, SE/4 SW/4, SW/4 SE/4, SE/4 SE/4 0.52 4,414 50 5.07 4,414 25 2.53 Section 20: NE/4 NW/4, NW/4 NE/4, NE/4 NE/4 0.81 2,647 50 3.04 2,647 25 1.52 Section 22: SW/4 NW/4, SE/4 NW/4, NE/4 SW/4, NW/4 SE/4, SW/4 SE/4, SE/4 SE/4 2.06 6,294 50 7.22 6,294 25 3.61 Section 26: NW/4 NW/4, NE/4 NW/4, SE/4 NW/4, SW/4 NE/4, NW/4 SE/4,NE/4 SE/4, SE/4 SE/4 0.86 6,727 50 7.72 6,727 25 3.86 TOTAL 39.95 145,494 50 167.00 145,494 25 83.50 

09/24/2007 
OVERLAND PASS PIPELINE PROJECT

EXHIBIT A

LEGAL DESCRIPTIONS ON FEDRERAL LANDS 

ATWS PERMANENT PIPELINE ROW (50') TEMPORARY PIPELINE ROW (25') 

Albany County, Wyoming Acres Length/Feet Width/Feet Acres Length/Feet Width/Feet Acres 

Township 18 North, Range 77 West, 6th P.M. Pipeline Section 34: SW/4 NW/4, NW/4 SW/4, NE/4 SW/4, SE/4 SW/4, SW/4 SE/4 1.69 4,636 50 5.32 4,636 25 2.66 Township 17 North, Range 77 West, 6th P.M. Pipeline Section 12: NW/4 NW/4, SW/4 NW/4, SE/4 NW/4 3.44 3,327 50 3.82 3,327 25 1.91 Township 14 North, Range 72 West, 6th P.M. Pipeline Section 30: LOT 2, SE/4 NW/4 2.05 2,529 50 2.90 2,529 25 1.45 Township 14 North, Range 71 West, 6th P.M. Pipeline Section 32: SW/4 SE/4 0.86 1,221 50 1.40 1,221 25 0.70 TOTAL 8.04 11,713 50 13.44 11,713 25.00 6.72 

09/24/2007 
OVERLAND PASS PIPELINE PROJECT 

EXHIBIT A 

LEGAL DESCRIPTIONS ON FEDERAL LANDS 

ATWS PERMANENT PIPELINE ROW (50') TEMPORARY PIPELINE ROW (25') 

Larimer County, Colorado Acres Length/Feet Width/Feet Acres Length/Feet Width/Feet Acres 

Township 12 North, Range 68 West, 6th P.M. Pipeline Section 24: NE/ NE/4 0 360 50 0.41 360 25 0.21 TOTAL 0 360 50 0.41 360 25 0.21 

09/24/2007 
OVERLAND PASS PIPELINE PROJECT 

EXHIBIT A 

LEGAL DESCRIPTIONS ON FEDERAL LANDS 

ATWS PERMANENT PIPELINE ROW (50') TEMPORARY PIPELINE ROW (25') 

Weld County, Colorado Acres Length/Feet Width/Feet Acres Length/Feet Width/Feet Acres 

Township 11 North, Range 65 West, 6th P.M. Pipeline Section 21: NW/4 SW/4, NE/4 SW/4, SE/4 SW/4, SW/4 SE/4, SE/4 SE/4 0.17 6,126 50 7.03 6,126 25 3.52 Section 22: SW/4 SW/4 0.00 50 50 0.06 50 25 0.03 Section 25: SW/4 SW/4 0.00 1,176 50 1.35 1,176 25 0.67 Section 26: NW/4 SW/4, NE/4 SW/4, NW/4 SE/4, SW/4 SE/4, SE/4 SE/4 0.39 5,184 50 5.95 5,184 25 2.98 Section 27: NW/4 NW/4, NE/4 NW/4, NW/4 NE/4, SW/4 NE/4, SE/4 NE/4 0.54 5,768 50 6.62 5,768 25 3.31 Township 11 North, Range 64 West, 6th P.M. Pipeline Section 31: SW/4 NW/4, SE/4 NW/4, NE/4 SW/4, NW/4 SE/4, NE/4 SE/4, SE/4 SE/4 0.37 6,427 50 7.38 6,427 25 3.69 Section 32: SW/4 SW/4, SE/4 SW/4 0.71 1,598 50 1.83 1,598 25 0.92 Township 10 North, Range 64 West, 6th P.M. Pipeline Section 1: SW/4 SW/4, SE/4 SW/4, SW/4 SE/4, SE/4 SE/4 0.00 5,179 50 5.94 5,179 25 2.97 Section 2: SW/4 SW/4, NW/4 SW/4, NE/4 SW/4, SE/4 SW/4, NW/4 SE/4,SW/4 SE/4, SE/4 SE/4 0.00 5,496 50 6.31 5,496 25 3.15 Section 3: NW/4 SW/4, NE/4 SW/4, SE/4 SW/4, SW/4 SE/4, SE/4 SE/4 0.44 5,307 50 6.09 5,307 25 3.05 Section 4: SW/4 NW/4, SE/4 NW/4, NE/4 SW/4, NW/4 SE/4, NE/4 SE/4 0.59 5,574 50 6.40 5,574 25 3.20 Township 10 North, Range 63 West, 6th P.M. Pipeline Section 5: SW/4 SW/4, SE/4 SW/4 0.00 2,534 50 2.91 2,534 25 1.45 Section 6: SW/4 SW/4, SE/4 SW/4, SW/4 SE/4, SE/4 SE/4 0.00 5,205 50 5.97 5,205 25 2.99 Section 11: SW/4 SW/4 0.31 737 50 0.85 737 25 0.42 Section 23: NE/4 NE/4 0.00 780 50 0.90 780 25 0.45 Section 24: NW/4 NW/4, SW/4 NW/4, SE/4 NW/4 0.00 2,301 50 2.64 2,301 25 1.32 Township 10 North, Range 62 West, 6th P.M. Pipeline Section 30: NW/4 SW/4, SW/4 SW/4, SE/4 SW/4 0.00 3,159 50 3.63 3,159 25 1.81 Section 31: NE/4 NW/4, NW/4 NE/4, SW/4 NE/4 0.33 3,182 50 3.65 3,182 25 1.83 Township 8 North, Range 60 West, 6th P.M. Pipeline Section 2: NW/4 SW/4, SW/4 SW/4 0.12 1,588 50 1.82 1,588 25 0.91 Section 3: NW/4 NW/4, SW/4 NW/4, SE/4 NW/4, SW/4 NE/4, NW/4 SE/4, NE/4 SE/4 1.62 5,854 50 6.72 5,854 25 3.36 Section 4: NW/4 NE/4, NE/4 NE/4 0.41 2,926 50 3.36 2,926 25 1.68 Section 11: NW/4 NW/4, SW/4 NW/4, NW/4 SW/4, SW/4 SW/4, SE/4 SW/4 0.07 5,741 50 6.59 5,741 25 3.29 Section 13: NW/4 SW/4, SW/4 SW/4, SE/4 SW/4 0.00 2,763 50 3.17 2,763 25 1.59 Section 24: NE/4 NW/4, NW/4 NE/4, NE/4 NE/4 1.18 3,032 50 3.48 3,032 25 1.74 Township 8 North, Range 59 West, 6th P.M. Pipeline Section 22: NW/4 NE/4, SW/4 NE/4, SE/4 NE/4 1.18 3,061 50 3.51 3,061 25 1.76 Section 23: SW/4 NW/4, SE/4 NW/4, SW/4 NE/4, SE/4 NE/4, NE/4 SE/4, 0.00 5,676 50 6.52 5,676 25 3.26 Section 24: NW/4 SW/4, NE/4 SW/4, SE/4 SW/4, SW/4 SE/4, SE/4 SE/4 0.19 5,786 50 6.64 5,786 25 3.32 Township 8 North, Range 58 West, 6th P.M. Pipeline Section 19: SW/4 SW/4 0.00 130 50 0.15 130 25 0.07 Section 29: SW/4 SE/4 0.00 477 50 0.55 477 25 0.27 Section 30: NW4 NW/4, NE/4 NW/4, NW/4 NE/4, SW/4 NE/4, SE/4 NE/4 0.46 5,499 50 6.31 5,499 25 3.16 Section 33: NW/4 NE/4, NE/4 NE/4, SE/4 NE/4 0.56 2,899 50 3.33 2,899 25 1.66 Section 34: S/2 NW/4, NE/4 SW/4, N/2 SE/4 0.51 5,741 50 6.59 5,741 25 3.29 TOTAL 10.15 116,956 50 134.25 116,956 25 67.12 

09/24/2007 
OVERLAND PASS PIPELINE PROJECT

ACCESS ROADS

LEGAL DESCRIPTIONS ON FEDERAL LANDS 

LINCOLN COUNTY, WYOMING ACCESS ROAD 

Temporary Access Roads 58,261 25 33.44 

SWEETWATER COUNTY, WYOMING ACCESS ROAD 

Temporary Access Roads 69,627 25 39.96 

CARBON COUNTY, WYOMING ACCESS ROAD 

Temporary Access Roads 92,383 25 53.02 

ALBANY COUNTY, WYOMING ACCESS ROAD 

Temporary Access Roads 1,112 25 0.64 

WELD COUNTY, COLORADO ACCESS ROAD 

Temporary Access Roads 15,840 25 9.09 Bureau of Land Management Access Road Totals Temporary 237,223 25 136.15 

TEMPORARY ACCESS ROADS Lincoln County, WY Road Width 25' 

Length / Feet Width/Feet Acres 

Township 20 North, Range 114 West, 6th P.M. Section 8: N/2 NW/4, W/2 NE/4, NW/4 SE/4, E/2 SE/4 8,200 25 4.71 Section 16: NW/4 SW/4, SW/4 NW/4 962 25 0.55 Section 20: E/2 NE/4 2,216 25 1.27 Section 26: S/2 SW/4, NE/4 SW/4, N/2 SE/4, SE/4 SE/4 7,185 25 4.12 Section 28: NE/4 NW/4, NW/4 NE/4, SW/4 NE/4, NE/4 SE/4, SE/4 SE/4 5,468 25 3.14 Section 34: N/2 NW/4, N/2 NE/4, SW/4 NE/4, NW/4 SE/4 6,236 25 3.58 Section 36: N/2 NW/4, N/2 NE/4 5,369 25 3.08 Township 20 North, Range 113 West, 6th P.M. Section 30: S/2 SW/4, S/2 SE/4 4,137 25 2.37 Section 32: N/2 NW/4, W/2 NE/4, SE/4 NE/4, NE/4 SE/4 6,309 25 3.62 Township 19 North, Range 113 West, 6th P.M. Section 4: N/2 NW/4, SE/4 NW/4, SW/4 NE/4, N/2 SE/4 6,069 25 3.48 Section 10: SE/4 SW/4, SW/4 SE/4 1,029 25 0.59 Section 24: S/2 NW/4, NW/4 SE/4, SW/4 NE/4 3,351 25 1.92 Township 19 North, Range 112 West, 6th P.M. Section 8: W/2 SW/4 1,730 25 0.99 

Lincoln County Total (Temporary): 58,261 25 33.44 

9/26/2007 1 
OVERLAND PASS PIPELINE PROJECT ACCESS ROADS 

EXHIBIT A 

LEGAL DESCRIPTIONS ON FEDERAL LANDS 

TEMPORARY ACCESS ROADS Sweetwater County, WY 

Township 18 North, Range 110 West, 6th P.M. Length / Feet Width/Feet Acres Section 20: NE/4 NE/4 1,878 25 1.08 Township 17 North, Range 106 West, 6th P.M. Section 10: S/2 SW/4, S/2 SE/4 5,270 25 3.02 Township 18 North, Range 105 West, 6th P.M. Section 34: S/2 NW/4, S/2 NE/4, NE/4 SE/4 5,540 25 3.18 Township 17 North, Range 105 West, 6th P.M. Section 2: LOT 5 235 25 0.13 Township 17 North, Range 104 West, 6th P.M. Section 6: LOT 13, NE/4 SW/4, SE/4 SW/4, SW/4 SE/4 4,142 25 2.38 Township 17 North, Range 101 West, 6th P.M. Section 16: SW/4 SE/4. E/2 SE/4 2,969 25 1.70 Section 24: E/2 NE/4, E/2 SE/4 5,314 25 3.05 

Road Width 25' 

Township 17 North, Range 100 West, 6th P.M. Section 18: LOT 1, LOT 2, LOT 3 4,135 25 2.37 Township 19 North, Range 96 West, 6th P.M. Section 10: N/2 SW/4, N/2 SE/4, SE/4 SE/4 5,332 25 3.06 Section 16: N/2 NW/4 2,916 25 1.67 Township 19 North, Range 95 West, 6th P.M. Section 4: W/2 SW/4 1,923 25 1.10 Section 10: S/2 NW/4, S/2 NE/4 5,523 25 3.17 Section 12: S/2 SW/4 1,652 25 0.95 Township 19 North, Range 94 West, 6th P.M. Section 18: LOT 1, NE/2 NW/4, S/2 NE/4, NW/4 NE/4 6,181 25 3.55 Township 20 North, Range 92 West, 6th P.M. Section 24: S/2 SW/4, NE/4 SW/4, NW/4 SE/4, S/2 NE/4, NE/4 NE/4 7,538 25 4.33 Section 26: N2 NE/4 2,358 25 1.35 Section 34: N/2 SE/4 1,440 25 0.83 Township 20 North, Range 91 West, 6th P.M. Section 24: E/2 NW/4, NW/4 NE/4 2,618 25 1.50 Section 30: LOT 2, LOT 1, NW/4 NW/4 2,663 25 1.53 

Sweetwater County Total (Temporary): 69,627 25 39.96 

09/24/2007 
OVERLAND PASS PIPELINE PROJECT ACCESS ROADS

EXHIBIT A

LEGAL DESCRIPTIONS ON FEDERAL LANDS 

TEMPORARY ACCESS ROADS Carbon County Wyoming Road Width 25' 

Length / Feet Width/Feet Acres 

Township 19 North, Range 93 West, 6th P.M. Section 2: N/2 SW/4, NW/4 SE/4, S/2 SE/4 5,688 25 3.26 Section 4: S/2 SW/4, SW/4 SE/4, N/2 SE/4 5,821 25 3.34 Section 6: N/2 SE/4, SE/4 NE/4 5,625 25 3.23 Section 12: N/2 NW/4, SE/4 NW/4, SW/4 NE/4, N/2 SE/4 7,069 25 4.06 Township 19 North, Range 92 West, 6th P.M. Section 2: LOT 2, LOT 3, S/2 NW/4 4478 25 2.57 Section 4: LOT 4 93 25 0.05 

Section 8: NW/4 NW/4, S/2 SW/4 1,921 25 1.10 Section 16: N/2 NW/4, NW/4 NE/4 2,874 25 1.65 Township 21 North, Range 89 West, 6th P.M. 

Section 22: SW/4 SW/4, N/2 S/W, SE/4 NW/4, S/2 NE/4, NE/4 NE/4 6,359 25 3.65 Section 24: N/2 NW/4, N/2 NE/4, S/2 SE/4 9,951 25 5.71 Section 26: S/2 SE/4, NE/4 SE/4 3,136 25 1.80 Section 30: LOT 3, LOT 2, SE/4 NW/4, SW/4 NE/4, N/2 NE/4 7,179 25 4.12 Section 34: N/2 NE/4 2,141 25 1.23 Township 21 North, Range 88 West, 6th P.M. Section 18: LOT 4, SE/4 SW/4, SE/4 SE/4 4,058 25 2.33 Section 20: W/2 NW/4 2,667 25 1.53 Section 26: S/2 NW/4, NE/4 SW/4, S/2 NE/4, N/2 SE/4 4,270 25 2.45 Section 30: LOT 3, LOT 2, LOT 1, NE/4 NW/4 5,008 25 2.87 Township 21 North, Range 87 West, 6th P.M. Section 26: S/2 SE/4 4,048 25 2.32 Section 30: E/2 NW/4, LOT 2, LOT 3, NE/4 SW/4 1,267 25 0.73 Section 34: NW/4 NW/4 304 25 0.17 

Township 21 North, Range 83 West, 6th P.M. 

Section 14: SW/4 NW/4, E/2 NW/4 2,332 25 1.34 Township 21 North, Range 82 West, 6th P.M. Section 18: E/2 NE/4 1,890 25 1.08 Township 21 North, Range 81 West, 6th P.M. Section 22: SE/4 NW/4, SW/4 NE/4, N/2 NE/4 4,204 25 2.41 

Carbon County Total (Temporary): 92,383 25 53.02 

09/24/2007 
OVERLAND PASS PIPELINE PROJECT ACCESS ROADS 

EXHIBIT A 

LEGAL DESCRIPTIONS ON FEDERAL LANDS 

TEMPORARY ACCESS ROADS 

Road Width 25' 

Length / Feet Width/Feet Acres 

Township 14 North, Range 71 West, 6th P.M. Section 30: LOT 1, LOT 2, LOT 3 1,112 25 0.64 

09/24/2007 
Overland Pass Pipeline Project Access Roads 

Exhibit A 

Weld County Colorado TEMPORARY ACCESS ROADS 

Township 11 North, Range 65 West, 6th PM Section 22: S2S2 Section 26: W2SW4 Section 27: N2N2, SE4NE4,E2SE4 Section 34: E2E2 Section 35: W2W2 

Length / Feet 

5,280 

5280 

5,280 

Width / feet 

25 

25 

25 

25 

25 

Acres 

3.03 

3.03 

3.03 

Total 15,840 25 9.09 

09/24/2007 
APPENDIX C: 

TABLE OF COMMITTED MITIGATION MEASURES AND 

RECOMMENDED MITIGATION MEASURES FROM THE 

FEIS 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

Air Resources 

• Overland Pass will implement its Traffic and Transportation 

Management Plan that includes dust control measures. 

all lands, unless otherwise 

specified in the plan 

• Overland Pass will employ dust suppression techniques, such as 

watering construction areas as necessary in construction zones 

near residential and commercial areas and along major highways 

and interstates. 

all lands 

• Dust control measures would be used on access roads and the 

construction ROW when fugitive dust resulting from construction 

activities creates a nuisance to nearby residences or a safety 

hazard. Overland Pass’ EIs and agency monitors will determine 

on a case-by-case basis whether or not dust has become a 

nuisance or hazard in a particular area. 

all lands 

• If water is obtained from wells or surface water sources to 

suppress dust, written approval from the landowner or regulatory 

agency will be obtained prior to appropriation. 

all lands 

• Use of salts as a suppressant will be limited to magnesium 

chloride, if allowed by local, state, and federal agencies for 

application. Magnesium chloride will not be used along the 

pipeline construction ROW on federal lands. 

all lands 

• Soils tracked on to paved roads will be removed. Soil tracked 

onto paved roads that extends more that 50 feet from the point of origin 

will be removed within 1 day of discovery. 

all lands 

Geology and Mineral Resources 

• Overland Pass will implement its Blasting Plan that identifies 

blasting procedures including safety, use, storage, and 

transportation of explosives. 

all lands, unless otherwise 

specified in the plan 

• All blasting will be performed by registered licensed blasters who 

will be required to secure all necessary permits and comply with 

regulatory requirements in connection with the transportation, 

storage, and use of explosives, and blast vibration limits for 

nearby structures, utilities, wildlife, and fish (where blasting is 

conducted in waterbodies). 

all lands 

• Appropriate flags, barricades, and warning signals will be used to 

ensure safety during blasting operations. Blast mats would be 

used when needed to prevent damage and injury from fly rock. 

all lands 

• Blasting in the vicinity of other pipelines will be coordinated with 

the pipeline operator, and would follow operator-specific 

procedures, as necessary. 

all lands 

• Overland Pass will either repair, or fairly compensate the owner, 

for damages that result from blasting. 

all lands 

Page 1 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

Paleontological Resources 

• Overland Pass will implement its Monitoring and Mitigation Plan 

(Paleo Plan) to protect fossil resources that may be encountered 

during project construction, including the resources identified 

during the field survey. 

federal lands, unless 

otherwise specified in the 

plan 

• High sensitivity paleontological units (e.g., those requiring 

avoidance, excavation, recording of sites) have been identified. 

federal lands only 

• The Paleo Plan includes provisions for the preparation and 

curation of any fossil collections. 

federal lands only 

• The Paleo Plan includes provisions for the preparation of a final 

report based on the data recovered. 

federal lands only 

• All work conducted under the Paleo Plan will be performed by 

qualified paleontologists with trained assistants. 

federal lands only 

• Future maintenance activities that occur outside the previously 

excavated trench line in Condition 1 and 2 areas will be evaluated 

for Paleontological resources prior to surface disturbance. 

federal lands only 

Soils 

Erosion 

• Overland will implement its POD that details construction procedures, 

environmental requirements, project plans, and mitigation measures to 

be used during construction of the proposed Overland Pass Pipeline 

Project. 

all lands, unless otherwise 

specified in the plan 

• Temporary erosion and sediment control devices will be installed 

promptly after soil disturbance and would be inspected on a daily basis 

in areas of active construction; on a weekly basis in areas with no 

construction; and within 24 hours of each 0.5 inch of rainfall. 

all lands 

• Damaged temporary erosion and sediment control structures will be 

repaired within 24 hours of identification. 

all lands 

• Overland Pass will construct slope breakers across the pipeline 

construction ROW to slow the velocity of runoff and move water 

off the ROW. 

all lands 

• Temporary slope breakers (e.g., certified weed-free straw bales, 

silt fence, earthen berms) will be used during construction, and 

permanent slope breakers will be installed during final grading 

following backfilling, as needed. 

all lands 

• Slope breakers will be constructed and maintained according to 

slope-dependent spacing indicated in the Construction, 

Reclamation, and Revegetation Plan. 

all lands 

Page 2 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

• Overland Pass will install and maintain sediment barriers (e.g., silt 

fences, staked certified weed-free straw bales, combination of 

both) at the base of slopes adjacent to road crossings, waterbody 

crossings, and wetlands, as appropriate, and in other areas as 

necessary until permanent revegetation measures are judged 

successful and the potential for siltation is minimized. 

all lands 

• Trench breakers consisting of sacks of soil or sand, polyurethane 

foam, or bentonite clay bags will be installed around the pipe in 

the trench to prevent subsurface channeling of water along the 

trench. 

all lands 

• Topsoil will not be used for trench breakers. all lands 

• Permanent trench breakers will be installed on slopes just before 

backfilling. The spacing of trench breakers will be determined by 

a qualified professional or installed at the same spacing as 

permanent slope breakers. 

all lands 

• Trench breakers also will be installed on slopes greater than 

5 percent that are adjacent to waterbodies and wetlands. 

all lands 

• Overland Pass will attempt to complete final cleanup and 

installation of permanent erosion control measures in an area 

within 20 days (10 days in residential areas) after backfilling the 

trench in that area, weather and soil conditions permitting. 

all lands 

• In no case will final restoration of an area be delayed beyond the 

next available seeding season. 

all lands 

• Overland Pass will make every effort to ensure the rapid, 

successful establishment of vegetation on areas requiring 

revegetation as described in the Construction, Reclamation, and 

Revegetation Plan. 

all lands 

• Following final grading and cleanup, Overland Pass will condition 

the construction ROW for planting including the preparation of a 

seedbed to a depth of 3 to 4 inches and application and 

incorporation of soil amendments at rates agreed to by the 

landowner or land management agency, or specified in writing by 

the local soil conservation authority. 

all lands 

• On the PNG, certified weed-free straw or hay mulch will be crimped in 

at a rate of 1.5 tons/acre. 

PNG only 

• Where disturbed slopes are greater than 20 percent, Overland 

Pass will utilize stabilization measures immediately after final 

grading such as applying 1.5 tons per acre of weed free straw 

mulch, soil pocking, or installing commercial erosion control 

fabrics. These measures also will be utilized to minimize the 

effects of wind and water erosion on less severe slopes where 

sandy or other erosion prone soils create conditions that are 

adverse to achieving successful reclamation. On private lands, 

Overland Pass will utilize the same measures unless other 

requirements are required by the landowner. 

all lands except the PNG 

Page 3 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

• On the PNG, pocking will not be used. At the time of final slope 

recontouring, Overland Pass will install photodegradable or 

biodegradable erosion control fabric that is non-toxic to vegetation or 

germination of seed, and non- toxic or injurious to humans or wildlife, 

on waterbody banks and slopes over 10 percent. Overland Pass will 

anchor the erosion control fabric in accordance with the manufacturer’s 

specifications 

PNG only 

• Overland Pass will employ additional measures in areas of heavy 

compaction; the additional measures are discussed in greater 

detail in the Construction, Reclamation, and Revegetation Plan. 

all lands 

• Overland Pass will seed areas to be revegetated in accordance 

with written recommendations for seed mixes, rates, and dates 

obtained from the local soil conservation authorities or land 

management agencies. 

all lands 

• Seeding and mulching in cultivated areas will conform to the 

adjacent off ROW area unless otherwise requested in writing by 

the landowner. 

all lands 

Open Trench 

• In the Kemmerer and Rock Springs field offices, open trench sections 

will be limited to a 10-day period (RP 0 to RP 110). Exceptions may be 

made through a variance approval on a case-by-case basis, when rocky 

conditions exist. 

Kemmerer and Rock Springs 

BLM land only 

• To minimize topsoil erosion, hydrologic impacts, and potential impacts 

to range and wildlife on the PNG, Overland Pass will limit the amount 

of trench open at one time to no more than 2 miles at the end of each 

construction day. Trench plugs will be installed at 0.5-mile intervals 

(except at previously agreed upon locations such as road crossings). 

PNG only 

Topsoil Segregation 

• Double-ditching will be used for trenching in eastern Colorado and 

Kansas, along Spreads 3, 4, and 5. 

all lands 

• Trenchline and spoil side and/or the full ROW practices will be used in 

areas where double-ditching is not used. In arid areas (e.g., Wyoming 

and some portions of Colorado along Spreads 1, 2, and 3) with limited 

topsoil, topsoil may be removed from the full ROW. 

all lands except PNG 

• In all areas, stripped topsoil will be stored separately and not 

allowed to mix with trench spoil. 

all lands 

• The PNG will allow a 50-foot offset from the existing Southern Star 

pipeline. As part of this mitigation, Overland Pass has agreed to a onetime reseeding of identified portions of the southern half of the Southern 

Star ROW. The total area to be reseeded will not exceed 25 acres. 

PNG only 

Page 4 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

• On the PNG, synthetic polyacrilamide (PAM) tackifiers will be used to 

control topsoil erosion if the EI or PNG inspector determines there is a 

need and the PNG inspector requests tackifer application. Tackifer 

application will occur within 24 hours of request. Only anionic PAM 

should be used as it is safe to humans, wildlife, and fisheries. 

Magnesium chloride will not be used on the PNG. 

PNG only 

• On non-federal lands in Wyoming and portions of Colorado, 6 inches of 

topsoil will be removed, unless it is determined by the EI or Compliance 

Monitor that there is not 6 inches of suitable topsoil present. Where 

deep topsoil is present on non-federal lands in Colorado and Kansas, 1 

foot of soil will be removed on the trenchline and spoil side to minimize 

impacts on agricultural activities. 

non-federal lands only 

• On lands managed by the BLM and the ANF, full ROW topsoil 

stripping will occur to a depth of 6 inches. On the PNG, the full depth of 

the topsoil horizon will be removed from the trenchline only. 

federal lands only 

• Following backfilling and rough grading of the construction ROW, the 

stripped topsoil will be returned to its original position. 

all lands 

• Topsoil will not be used to pad the pipe or to manufacture trench 

breakers. 

all lands 

• Topsoil segregation will be monitored by clearing inspectors and 

Overland Pass’ EIs, and, where required, agency monitors. 

all lands 

Soil Compaction and Rutting 

• Overland Pass will minimize compaction by restricting activities on 

susceptible soils during wet soil conditions. 

all lands 

• Overland Pass will identify areas of compacted soils by conducting 

compaction tests across the construction ROW using appropriate 

devices, and will plow severely compacted soils with a paraplow or 

other deep tillage implement, or other methods as agreed to by the 

landowner or land management agency. 

all lands 

• Overland Pass would test for compaction at regular intervals no less 

than every 0.25 mile on the working side of the ROW. Where the soil 

has a 15 percent increase in bulk density from the average undisturbed 

density, mitigate for compaction by ripping to the depth of compaction 

with a ripper or subsoiler. 

federal lands 

• On the PNG, the entire length of the working side of the ROW will be 

ripped to the depth of compaction using the required compaction 

reduction tool, equipped with winged shanks. 

PNG only 

• Where topsoil is segregated from the working side of the construction 

ROW or additional temporary workspace areas, Overland Pass will 

decompact the subsoil first before re-spreading topsoil. 

all lands 

• In areas where topsoil has not been removed, rutting from 

construction equipment will be considered excessive if greater 

than 4 inches on BLM and ANF lands, or greater than 3 inches on 

PNG lands. 

federal lands only 

Page 5 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

• On federal lands, Overland Pass will consult with the applicable 

federal agency on roads that require maintenance or reclamation 

during or after construction. Two track roads found to be 

disturbed by construction activities will be reclaimed, at the 

agencies discretion, by decompacting soils, constructing 

permanent erosion control (such as drivable water bars), and 

reseeding the entire roadbed. The two- track will be allowed to 

reestablish through normal traffic patterns and use. 

federal lands only 

Stony/Rocky Soils and Shallow-to-Bedrock Soils 

• Overland Pass will segregate topsoil from trench spoil and will replace 

topsoil after cleanup. 

all lands 

• Overland Pass will remove excess rock from the top 12 inches of soil, to 

the extent practical, in cultivated and rotated croplands, hayfields, 

pastures, residential areas, and other areas at the landowner’s or land 

management agency’s request. In these areas, the amount of rock on the 

ROW after construction will be similar to adjacent, off-ROW areas 

all lands 

• Overland Pass will take precautions to minimize the mixing of blast 

rock with backfill and will replace rock in the trench to a level that is not 

higher than the original bedrock profile. 

all lands 

• In areas where bedrock is within 12 inches of the surface, Overland Pass 

will replace rock in the trench to the original bedrock profile, and will 

then backfill the remaining depth with excavated subsoil before 

replacing the topsoil. 

PNG only 

• Where necessary, excess rock would either be hauled off the ROW or, 

subject to landowner or land management agency approval and any 

applicable permit conditions, disposed of on the ROW. 

all lands 

Droughty Soil 

• In areas of droughty soils, Overland Pass will apply mulch and stabilize 

the soil surface to minimize wind erosion and to conserve soil moisture. 

all lands 

Drain Tiles and Irrigation Systems 

• Overland Pass will replace/repair any drain tiles or irrigation systems 

damaged by construction activities in accordance with the Construction, 

Reclamation, and Revegetation Plan. 

all lands 

Page 6 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

Spills 

• Overland Pass will implement its Spill Prevention, Containment, and 

Countermeasure (SPCC) Plan, which specifies cleanup procedures 

in the event of soil contamination from spills or leaks of fuels, 

lubricants, coolants, or solvents. 

all lands, unless otherwise 

specified in the plan 

• If pre-existing contamination is encountered during trenching 

operations, Overland Pass will suspend work in the area of the 

suspected contamination until the type and extent of the 

contamination is determined. The type and extent of 

contamination, the responsible party, and local, state, and federal 

regulations would determine the appropriate cleanup method(s) 

for these areas. 

all lands 

Aboveground/Ancillary Facilities 

• If contractor yards are located in rangeland, topsoil will be stripped and 

stored at the edge of the yard and temporary traffic lanes will be 

installed by placing gravel over geotextile fabric. 

all lands 

• Upon completion of the project, traffic lanes will be removed, 

compacted soils would be mitigated according to the Construction, 

Reclamation, and Revegetation Plan, and topsoil will be restored to its 

original position. 

all lands 

• Overland Pass will identify roads that will be used on a temporary basis 

to transport personnel, equipment, and vehicles including high clearance 

vehicles and heavy trucks, and materials to the proposed project work 

areas. Overland Pass will implement its Traffic and Transportation 

Management Plan to minimize impacts. 

all lands, unless otherwise 

specified in the plan 

Water Resources 

Surface Water 

• To minimize potential impacts on water quality, Overland Pass will 

implement the measures contained in Overland Pass’s Construction, 

Reclamation, and Restoration Plan, including, but not limited to: 

installing and maintaining sediment barriers to prevent silt-laden water 

from entering wetlands and waterbodies; restoring original contours as 

practical; revegetating disturbed areas; and use of energy-dissipating 

devices to disperse and slow the velocity of any water discharges during 

construction. 

all lands, unless otherwise 

specified in the plan 

• Overland Pass will provide written notification to the authorities 

responsible for potable surface water supply intakes located within 3 

miles downstream of the crossing at least 1 week before beginning work 

in a waterbody, or as otherwise specified by that authority. 

all lands 

• Overland Pass will notify the appropriate state authorities at least 48 

hours before beginning trenching or blasting within the waterbody, or as 

specified in state permits. 

all lands 

Page 7 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

• The size of extra workspace areas will be limited to the minimum size 

needed to construct the waterbody or wetland crossing. Overland Pass 

will locate all extra workspace areas at least 50 feet away from the edge 

of the waterbody, wetland, or riparian area on federally managed land 

and 10 feet from the edge of the waterbody or wetland on private land. 

This buffer distance would be applied to flowing waters at the time of 

construction. On federally managed land, spoil excavated from the 

waterbody trench will be placed or stored a minimum of 50 feet from 

the edge of the waterbody, wetland, or adjoining riparian vegetation. 

federal lands/private lands 

• Where waterbodies are adjacent to the construction ROW, sediment 

barriers will be installed along the edge of the construction ROW as 

necessary to contain spoil and sediment within the construction ROW or 

designated extra workspace areas. 

all lands 

• Trench plugs will be used at all waterbody crossings, as necessary, to 

prevent diversion of water into upland portions of the pipeline trench 

and to keep any accumulated trench water out of the waterbody. 

all lands 

• All equipment will be parked overnight and/or fueled at least 100 feet 

from a waterbody or wetland boundary on non-federally managed land 

and at least 500 feet from a waterbody, wetland, or riparian vegetation 

boundary on federally managed-land. Overland Pass will not store 

hazardous materials, fuels, or lubricants within 500 feet from a 

waterbody, wetland, or municipal watershed area. Concrete coating 

activities will not be performed within 100 feet of a waterbody or 

wetland boundary. 

federal lands/private lands 

• Overland Pass will attempt to complete all in-stream work within 

24 hours for all minor waterbody crossings and within 48 hours for 

intermediate waterbody crossings. 

all lands 

• During wet ditch crossings, streambed spoil will be removed and 

subsequently restored to retain the natural bed materials of the 

streambed. Under no circumstances will foreign substrate materials 

(e.g., introduced gravel) be used to back-fill a channel crossing, unless 

they are native to the immediate locale and mimic the natural bed 

material. This practice will apply to perennial, intermittent, and 

ephemeral channels on federal lands. 

federal lands 

• On the PNG, construction across waterbodies that are flowing at the 

time of construction may be delayed for 2 days. Overland Pass will use 

open cut crossing methods if the construction delay results in the 

waterbody drying up due to a weather event. If delaying construction 

does not achieve this objective, intermittent waterbodies that are flowing 

at the time construction will be crossed using either the flume or dam 

and pump crossing method. 

PNG only 

Page 8 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

Hydrostatic Test Water 

• Overland Pass will implement their Hydrostatic Test Plan, which 

includes procedures for hydrostatic test water appropriations and 

discharges. Overland Pass will acquire the necessary permits from state 

agencies before withdrawing hydrostatic test water, including specific 

approvals from applicable resource agencies. 

all lands, unless otherwise 

specified in the plan 

• No chemical or biological additives will be allowed during hydrostatic 

testing unless approved by the appropriate agency responsible for the 

NPDES permit. 

all lands 

• When discharging onto upland locations, Overland Pass will use energydissipating devices (e.g., filter bag, straw bale structures) to dissipate 

and slow the velocity of the discharge water. On the PNG, sediment 

filtration bags will be used in all instances during water discharge. 

all lands/PNG only 

• Overland Pass will consult with appropriate state and federal agencies 

(USFWS and others) before discharging hydrostatic test waters directly 

into surface waterbodies. Agency recommendations will be 

implemented prior to such direct discharges, which as Overland Pass 

proposes, will be made to the waterbody of origin where the surface 

water was withdrawn. Test water that is not discharged directly to 

surface waterbodies will be discharged onto stable upland locations near 

the point of withdrawal, or sprayed on level or nearly level croplands as 

irrigation water. Irrigation water applications will be done in 

coordination with landowners as proposed. Stable upland areas will have 

slopes less than 10 percent, be minimally susceptible to sheet and rill 

erosion by having suitable soil and abundant vegetation, and be large 

enough to provide adequate infiltration while avoiding concentrated 

flow on land surfaces. Discharge rates shall be controlled to minimize 

channel and gulley erosion. Hydrostatic test water will not be disposed 

of via wells or other means of groundwater injection. 

all lands 

Groundwater 

• Upon completion of construction, Overland Pass will restore the ground 

surface as closely as practicable to original contours and revegetate the 

ROW to facilitate restoration of preconstruction overland flow and 

recharge patterns. 

all lands 

• Overland Pass will either repair or replace potable water supply wells 

damaged by construction activities, or fairly compensate the landowner 

for damage to potable water supply wells resulting from pipeline 

construction. 

all lands 

• Overland Pass will contact private well owners to obtain groundwater. all lands 

• Overland Pass will continue to coordinate with those local and regional 

districts during the procurement, permitting and use, and discharge of 

groundwater for project purposes. Coordination with groundwater 

management districts will be integrated with regulatory interactions with 

the respective state water resources agencies. 

all lands 

Page 9 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

• Groundwater pumped and discharged aboveground for construction 

purposes will meet agricultural water quality standards in the respective 

states and/or districts where it is discharged. 

all lands 

• When groundwater is observed during construction (e.g., sites requiring 

dewatering due to groundwater, saturated wetlands), permanent trench 

breakers will be installed to prevent unintentional transport of 

groundwater by the pipeline trench. 

all lands 

• If a pipeline rupture occurs within 500 feet of a groundwater supply 

source (well or spring), Overland Pass will immediately notify the 

owner of the source, and will comply with any mitigation and/or 

monitoring provisions reached through agreements with the source 

owner and appropriate regulatory agencies. 

all lands 

Floodplains, Wetlands, and Riparian Areas 

• Overland Pass will implement procedures described in the Construction, 

Reclamation, and Revegetation Plan that include best management 

practices for restoring floodplain surfaces and subsurface hydrology. 

all lands, unless otherwise 

specified in the plan 

• Overland Pass would minimize impacts to wetlands and enhance 

vegetation recovery by following the wetland construction and 

restoration guidelines contained in the Stream Crossing and Wetland 

Protection Plan developed for the project. 

all lands, unless otherwise 

specified in the plan 

• In riparian wetland areas, Overland Pass will cut the existing vegetation 

to ground level, leaving existing root systems intact. Cut vegetation will 

be removed from these areas for disposal. Grading activities will be 

limited to the area directly over the pipeline trench. Except if standing 

water is present, up to 1 foot of topsoil will be stripped and separated 

from the trench spoil. Overland Pass will limit the pulling of stumps to 

the trench area except where safety considerations necessitate stump 

removal. Excavated stumps will be removed from the wetland. 

all lands 

• At least one of the EIs employed on each spread will have knowledge of 

the wetland conditions of the project. 

federal lands only 

• If dewatering of the trench is necessary, it will be conducted in a manner 

designed to prevent heavily silt-laden water from entering a waterbody 

or undisturbed portions of the wetland. 

all lands 

• Overland Pass will ensure that all disturbed areas are successfully 

revegetated with wetland herbaceous and/or woody plant species. 

all lands 

• No lime or fertilizer will be used in wetland areas. all lands 

• During operation of its pipeline, Overland Pass will only allow 

herbaceous vegetation in the 10-foot-wide strip centered over the 

pipeline. All woody vegetation greater than 15 feet in height will be 

removed from a 25-foot-wide strip centered over the pipeline to 

eliminate problems with large root structures affecting the pipeline. 

all lands 

• Herbicides or pesticides will not be used in or within 100 feet of a 

wetlands except as allowed by the appropriate land management agency 

or state agency. 

all lands 

Page 10 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

Vegetation 

• Overland Pass would use pipeline construction industry standard 

practices and BMP’s for site stabilization and vegetation restoration in 

areas disturbed by construction as identified in the Construction, 

Reclamation, and Revegetation Plan. 

all lands, unless otherwise 

specified in the plan 

• On federal land, Overland Pass will be responsible for ensuring 

successful revegetation of soils disturbed by project-related activities. 

Revegetation success will be monitored for 5 years (in July, first, third, 

and fifth growing seasons) following project completion to evaluate 

revegetation and erosion control success, according to the Construction, 

Reclamation, and Revegetation Plan. 

federal lands, except PNG 

• On the PNG, monitoring will occur on an annual basis for the first five 

years, and where problem areas exist thereafter, and will be subject to 

the same reporting standards as for the BLM. 

PNG only 

• All areas disturbed by construction activities will be reseeded and 

allowed to revegetate naturally with tree and shrub species after 

construction is completed. This stipulation does not preclude ROW 

vegetation maintenance practices proposed by Overland Pass. 

all lands 

• Overland Pass will implement reclamation procedures on disturbed 

lands immediately following construction as described in the 

Construction, Reclamation, and Revegetation Plan. 

all lands, unless otherwise 

specified in the plan 

• On federal lands, seeding will take place immediately after re-grading, 

but no later than 20 days after regrading is completed, regardless of the 

time of year, unless severe weather precludes these activities. If seeding 

cannot be done within the recommended seeding dates, the appropriate 

interim erosion control measures discussed in the Construction, 

Reclamation, and Revegetation Plan would be installed and seeding of 

permanent vegetation would be performed at the beginning of the next 

season. 

federal lands only 

Noxious Weeds and Invasive Plants 

• Overland Pass will implement their Weed Management Plan that 

incorporates details regarding known occurrences of noxious and 

invasive weeds along the proposed project, current treatment of known 

noxious weed areas, and mitigation measures to minimize the spread 

and establishment of noxious weeds and non-native invasive species. 

all lands, unless otherwise 

specified in the plan 

• Prior to construction, Overland Pass will conduct surveys of the areas of 

known and anticipated infestations of noxious weeds to identify 

locations of infestations or presence of noxious weed species identified 

by federal, state, and local agencies. Known infestations will be 

identified and mapped on environmental alignment sheets to facilitate 

post construction weed monitoring. 

all lands 

Page 11 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

• Areas of the ROW where weed infestations are identified will be clearly 

marked prior to construction. In these areas, Overland Pass will 

maintain segregated topsoil in areas identified as supporting noxious 

weeds adjacent to the areas from which they are obtained to eliminate 

the transport of soil-born noxious and invasive weed propagules to other 

areas along the ROW. During reclamation, the Contractor would return 

topsoil and vegetative material to the areas from which they were 

obtained. 

all lands 

• Prior to the beginning of construction and at state lines, all contractor 

vehicles and equipment will be cleaned of soil and debris capable of 

transporting weed propagules. All contractor vehicles and equipment 

will be inspected by the EI(s) and may require additional cleaning. 

all lands 

• Only certified weed-free straw or hay bales will be used to construct 

sediment control devices or in mulch applications. On BLM 

administered land, only straw bales will be used in mulch applications 

as opposed to hay bales. On the PNG, hay bales will not be used for 

mulching or erosion control, unless approved in advance. 

federal lands 

• Overland Pass will ensure that straw or hay bales used to construct 

sediment control devices or used as mulch applications would be 

certified weed free and obtained from approved certified sources as 

recommended by the County Weed and Pest Districts, Weed Control 

Supervisors, and the States of Colorado, Wyoming, and Kansas. 

all lands 

• Seed mixes will be tested for viability to ensure that desirable seed 

viability exceeds 95 percent. Seed mixes will have a certified content 

that contains 0 percent noxious weeds. 

federal lands 

• Overland Pass will ensure that seed mixes utilized for revegetation 

would be certified weed free and obtained from approved certified 

sources as recommended by the States of Colorado, Wyoming, and 

Kansas. 

all lands 

• Overland Pass will utilize established reclamation practices to prevent 

the establishment of noxious weeds in reclaimed construction areas and 

pipeline ROW. 

all lands 

• In the event noxious weed species become established in the ROW, 

Overland Pass will control weeds in the ROW and to work with adjacent 

landowners to prevent spread of the species to adjacent lands. 

all lands 

Page 12 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

Wildlife 

General Wildlife Resources 

• Overland Pass will follow its POD and other measures referenced in the 

EIS to minimize impacts to wildlife and their habitats during pipeline 

operation and maintenance. 

all lands, unless otherwise 

specified in the plan 

• On federal lands, trench plugs will be installed at a maximum of 0.5-

mile intervals and at visible wildlife game trails and livestock watering 

trails that intersect the trench line. Twenty-foot gaps would be left in 

spoil and topsoil stockpiles at all trench plugs. A suitable ramp-up out 

of the trench would be sloped and a 5-foot-wide path maintained across 

the trench plug. A corresponding gap in the welded pipe string would 

be left at each trench plug. 

federal lands 

• The pipeline and pipeline trench will be inspected on a regular basis 

during construction and immediately prior to backfilling to identify 

entrapped animals. Wildlife found in trenches during construction will 

be coaxed to the nearest ramp and either be encouraged to exit the 

trench, removed by hand, or trapped (if other methods are unsuccessful). 

If any animal in the trench is determined to be a special status species, 

only authorized Overland Pass resource monitors will be allowed to 

remove it from the trench. 

all lands 

• Overland Pass will implement a mandatory employee education 

program for all construction personnel to minimize wildlife impacts and 

vehicle collisions during project construction. 

federal lands 

Big Game 

• Unless exemptions are authorized in writing by the BLM or Forest 

Service as appropriate, Overland Pass will avoid construction and nonemergency maintenance activities on federal lands within elk, 

pronghorn, or mule deer crucial winter and crucial winter/yearlong 

ranges between November 15 and April 30 in Wyoming and within 

pronghorn severe winter range between December 1 and April 30 in 

Colorado. 

federal lands 

Raptors and Other Migratory Birds 

• If construction occurs during migratory bird breeding seasons, Overland 

Pass will consult with the BLM and the USFWS and prepare a plan to 

mitigate construction impacts to nesting migratory birds. 

all lands 

• Overland Pass will consult with the USFWS and BLM to develop 

mitigation measures to avoid or minimize blasting impacts on nesting 

birds. 

all lands 

• Pre-construction raptor surveys will be completed along the proposed 

ROW in accordance with the methodology outlined in the Overland 

Pass’ Sensitive Species Survey Plan. These surveys will identify specific 

areas where construction may affect active nests (and, in the case of 

burrowing owls, cause direct impacts on nesting habitat) and where 

buffer zones may be required. 

all lands 

Page 13 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

• Overland Pass will abide by established spatial and timing buffers for 

active raptor nests identified during pre-construction surveys within 1.0 

mile of the construction ROW for ferruginous hawks, or within 0.75 

mile of the construction ROW for northern goshawk, peregrine falcon, 

and burrowing owl from February 1 to July 31 on BLM lands within 

Wyoming and within 0.25 mile of the construction ROW from March 

1to June 30 on PNG lands. 

all lands 

Aquatic Resources 

• Overland Pass will implement measures to mitigate the effects of 

hydrostatic testing, including screening intake hoses to prevent the 

entrainment of fish and other aquatic organisms and regulating the rate 

of withdrawal of hydrostatic test water to avoid adverse impact on 

aquatic resources or downstream flows. 

all lands 

• Overland Pass will follow construction constraint periods identified in 

the Construction, Reclamation, and Revegetation Plan to avoid or 

minimize impacts to game fish spawning. 

all lands 

• Overland Pass will meet requirements for water withdrawals in the 

Colorado River and Platte River basins. 

all lands 

Special Status Species 

• Overland Pass will follow its Conservation Measure Plan to avoid or 

minimize impacts from construction and operation of the pipeline on 

threatened, endangered, or special status species. 

all lands 

Black-footed Ferret 

• If black-footed ferret is observed during construction, construction 

would cease, and the USFWS would be notified. 

all lands 

Prebles Meadow Jumping Mouse 

• No equipment will be parked closer than 100 feet from the stream 

crossing in suitable habitat. 

all lands 

• When equipment crosses suitable habitat, a biologist will clear the area 

and physically remove mice encountered. These efforts will continue 

ahead of each piece of equipment until the ROW is cleared and silt 

fences have been installed. 

all lands 

• If crossing of suitable habitat for Prebles meadow jumping mouse 

occurs during the breeding season (June or July), captured adults will be 

released at the trap site and followed to attempt to determine if they 

have young in a nest. If a nest is located within the ROW, a decision 

will be made whether to move the centerline or ROW and avoid the nest 

or delay the crossing until late July when the young should be mobile 

and able to be trapped and moved from the immediate area. 

all lands 

• Construction through suitable habitat areas will be conducted as quickly 

as possible. 

all lands 

Page 14 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

• In suitable habitat for Prebles meadow jumping mouse, the width of the 

ROW will be reduced to 60 feet and additional temporary workspace 

will be adjusted or fenced to protect habitat. 

all lands 

• Following construction, areas of potential habitat will be restored to 

preconstruction conditions by broadcast seeding the banks and replacing 

plugs of willow and/or preexisting shrub species from the riparian area 

(one plant every square foot). 

all lands 

• If suitable habitat is grazed, and the landowner provides consent, the 

replanted area will be fenced until vegetation is established. 

all lands 

• The long-term maintenance plan will allow revegetation of native shrub 

species in addition to herbaceous species in areas identified as potential 

Preble’s meadow jumping mouse habitat. 

all lands 

Bald Eagle 

• If construction occurs during the breeding season for the bald eagle, 

Overland Pass will conduct pre-construction bald eagle nest surveys at 

known nest sites and within suitable nesting habitat during the 

appropriate period in accordance with the survey plans. 

all lands 

• On BLM lands, Overland Pass will not construct within 1 mile of active 

bald eagle nest sites during the nesting season February 1 through July 

31. 

all lands 

• In Colorado, Overland Pass will not construct within 0.5 mile of active 

bald eagle nest sites during the nesting season November 15 through 

July 31. 

all lands 

• If Overland Pass encounters a previously unidentified active bald eagle 

nest within 1 mile of the construction ROW, Overland Pass will notify 

the USFWS. Overland Pass will not continue with construction until the 

USFWS staff has reviewed the information, and the USFWS notifies 

Overland Pass in writing that construction may proceed or use of 

mitigation may begin. 

all lands 

• In the event that an active bald eagle nest is located within the specified 

buffer zone, Overland Pass will provide an experienced biologist to 

monitor the nest prior to construction to determine when young birds are 

no longer dependent on the natal nest or nest area, in accordance with 

Overland Pass's Conservation Measure Plan in the POD. 

all lands 

• In order to minimize impacts to roosting bald eagles, Overland Pass will 

conduct surveys for roosting eagles within potential winter roost areas if 

construction occurs between November 1 and April 1. In the event that 

occupied bald eagle winter roost sites are identified within 1 mile of 

construction areas, Overland Pass will avoid or minimize construction 

activity between November 1 and April 1 and will avoid ground 

disturbing activities within 0.5 mile of active communal roost sites year 

round. 

all lands 

Interior Least Tern, Piping Plover, Whooping Crane, Eskimo Curlew 

Page 15 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

• If suitable habitat is proposed to be crossed, monitoring during the 

migratory period will occur (RP 680-720 for whooping crane). 

all lands 

• If a least term is identified within the project area, construction will 

cease until the individual vacated the area. 

all lands 

Wyoming Toad 

• If the pipeline route comes within 2 miles of a known location, a field 

survey will be conducted. If surveys identify toads within the revised 

project area, a route re-alignment will be considered. 

federal lands 

• If avoidance of Wyoming toad will not be possible, the ROW will be 

cleared by biologist prior to construction to remove all Wyoming toads. 

Toads would be placed in appropriate habitat. 

federal lands 

• Exclusion fence will be installed to a depth of 4 inches in occupied 

habitat. 

federal lands 

Yellow-billed Cuckoo 

• If pre-construction surveys identify individuals within the project area, 

the construction ROW width will be reduced to a distance to be 

determined by the EI or CM. 

federal lands 

• Construction will be avoided during the nesting season. federal lands 

Townsend Big-eared Bat, Fringed Myotis, Long-Eared Myotis, Long-legged 

Myotis, Pallid Bat, and Spotted Bat 

• Preferred bat roosting habitats will be avoided (e.g. caves and 

abandoned mines) and BMP’s identified in project plans will be 

implemented. 

federal lands 

Swift Fox 

• Construction will occur prior to June 1, or a change in ROW 

configuration will be evaluated (e.g., reducing ROW width) in habitat 

identified with active natal dens. If a natal den cannot be avoided, the 

den will be monitored and construction avoided until the juveniles have 

emerged and are able to relocate from the ROW. 

federal lands 

• If identified active non-natal den within the construction ROW cannot 

be avoided, the BLM or USFS will be contacted, as appropriate. 

federal lands 

• For active natal or non-natal den identified outside of the construction 

ROW, Overland Pass will avoid the den, install silt fence along the 

ROW; and implement general protection measures and BMP’s as 

identified in project plans. 

federal lands 

Black-tailed and White-tailed Prairie Dog 

• Where active colonies occur within or adjacent to the project area, the 

edge of the ROW will be flagged or fenced to avoid the area. 

federal lands 

• Staging areas, temporary workspaces, or pipe yards will be sited outside 

of active colonies. 

all lands 

Page 16 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

• Following construction, areas of potential prairie dog habitat will be 

restored to preconstruction conditions. 

federal lands 

Sage Grouse 

• Construction and maintenance will not occur within 2 miles of an 

occupied sage grouse lek from March 15 through July 15 and within 

0.25 mile of an occupied lek from March 1 through May 15, between 

the hours of 8 p.m. to 8 a.m. on federal lands. 

federal lands 

• Aboveground facilities will not be located within 0.25 mile of a known 

sage grouse lek. 

federal lands 

• Blasting activities will not occur between March 15 and May 31 within 

0.25 mile of a known sage grouse lek, unless otherwise permitted by the 

appropriate resource agency. 

federal lands 

Mountain Plover 

• Construction and maintenance will not occur within 0.25 mile of 

identified mountain plover nests between April 10 and July 10 until the 

young have fledged (7 days post-hatching). 

federal lands 

Migratory Birds (Baird's Sparrow, Brewer's Sparrow, Loggerhead Shrike, 

Long-billed Curlew, Sage Sparrow, Sage Thrasher, Trumpeter Swan, Whitefaced Ibis) 

• Vegetation clearing will avoid the nesting season. all lands 

Great Basin Spade Foot Toad, Northern Leopard Frog 

• The ROW will be cleared in suitable habitat by biologists prior to 

construction to remove all individuals. 

federal lands 

• Exclusion fencing will be installed to a depth of 4 inches in occupied 

habitat. 

federal lands 

Midget-faded Rattlesnake 

• Construct between October and April when the snakes are inactive. federal lands 

• Restrict trench depth to 5 feet near known active snake dens that are 

within 100 feet of the pipeline ROW. 

federal lands 

• Blasting will not occur within 500 feet of known active snake dens. federal lands 

• If a den site occupied by an individual or by a congregation of 

individuals is uncovered during trenching, construction will be stopped, 

and a biological resource monitor will immediately notify the BLM to 

develop and implement appropriate protection measures. 

federal lands 

• All attempts will be made by pipeline personnel to eliminate or reduce 

fatalities or injuries to individual snakes. 

federal lands 

• All personnel working on the pipeline between RP 55 and RP 70 will 

have a pre-work orientation addressing the importance of avoiding the 

snakes, including those snakes that may be crossing or basking on the 

ROW, additional temporary workspaces, or access roads in the project 

area. 

federal lands 

Page 17 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

• The ROW will be cleared in suitable habitat by biologists prior to 

construction to remove all individuals. 

federal lands 

• Exclusion fencing will be installed to a depth of 4 inches in occupied 

habitat. 

federal lands 

Spotted Skunk 

• Trees felled and brush cleared within 200 feet of the proposed Big Creek 

crossing (RP 670) will be piled in a stack(s) adjacent to the existing 

riparian area to restore/increase habitat for the eastern spotted skunk. 

all lands 

Stonecat 

• Per the recommendation of the CDOW (Swigle 2006c), Overland Pass 

will avoid construction across the North Fork of the Republican River 

between May 31 and August 1 to avoid direct impacts to spawning and 

young stonecat (late April to early May). 

all lands 

Land 

• Permits required for installation of the pipeline underneath existing 

public roads and, as needed, to transport equipment will be obtained 

prior to construction. For open-cut road crossings, Overland Pass will 

attempt to: 

• Maintain at least one lane of traffic open with detours around 

construction; 

• Provide plating over the open portion of the trench; or 

• Use other suitable methods when open cutting a road. 

all lands 

• If a construction method requires a road to be closed for up to 24 hours, 

Overland Pass will develop a detour for public traffic to bypass the 

construction area. Overland Pass will provide a detour for vehicle traffic 

on CR 437 along the North Platte River for the duration of the open cut 

river crossing. 

all lands 

• Overland Pass will require the construction contractor to post caution 

signs on roads, where appropriate, to alert motorists of pipeline 

construction and warn them of slow traffic. Traffic control measures 

such as traffic control personnel, warning signs, lights, and barriers will 

be used during construction to ensure safety and to minimize traffic 

congestion. 

all lands 

• Pipe trucks transporting pipe joints and low boys hauling heavy 

equipment will travel with flashing yellow caution lights in accordance 

with state law. The construction contractor will employ traffic control 

personnel as required by state DOT safety requirements for use on 

paved roads during equipment crossings to ensure safe passage of local 

traffic. 

all lands 

• Construction vehicles will follow posted speed limits on rural county 

roads and highways and follow a 25 mph speed limit on unposted 

project roads. Speeds will be reduced to 10 mph below posted limits on 

highways when traveling at night. 

all lands 

Page 18 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

• Overland Pass will implement the following measures to reduce traffic 

congestion and roadside parking hazards: 

• Project personnel will exercise caution when commuting to and 

from the construction area to minimize the potential for 

accidents, and local speed limits will be enforced. 

• Overland Pass will provide the construction contractor with an 

equipment yard to be used as a primary parking area for 

employee personal vehicles. Unauthorized vehicles will not be 

allowed within the construction ROW or along roadsides near 

the ROW. The construction contractor will provide buses for 

transporting workers that do not require personal vehicles to 

the work site from the yard. 

all lands 

• Overland Pass will require its construction contractor to comply with 

local load weight restrictions when using existing public roads and 

crossing public bridges to prevent road and bridge damage. 

all lands 

• The construction contractor will be directed to remove soil left on the 

road surface by equipment crossings. At the end of each workday, mats 

or other appropriate measures (e.g., sweeping) will be used to reduce 

deposition of mud and soils on public roads and highways. 

all lands 

• Where culverts are required to improve an access road at stream 

crossings, these culverts will be of adequate size to accommodate storm 

runoff as required by federal, state, or county road permits, and of 

sufficient strength to support construction and maintenance equipment. 

All temporary culverts and associated fill material will be removed from 

the stream crossing after construction. 

all lands 

• Overland Pass will notify landowners prior to the start of construction 

adjacent to a residence. 

all lands 

• Overland Pass will maintain traffic flow and emergency vehicle access 

on roadways with traffic control personnel or detour signs where 

necessary. 

all lands 

• Overland Pass will backfill and restore in residential areas as soon as 

possible, and fence off or plate sections of trench left open near 

residences at the end of the construction day. 

all lands 

• Overland Pass will periodically inspect road surfaces near residences 

and, if necessary, clean street surfaces and wet exposed soil to prevent 

generation of fugitive dust. 

all lands 

Visual Resources 

• Downward shield lighting or low profile lighting, and motion sensors 

will be used at all facilities that require night lighting to minimize 

nighttime visual effects. 

all lands 

• MLVs located on the PNG will be painted in earth tones with a matte 

finish and the site will not be graveled. In addition, fences around the 

MLVs on the PNG will be barbed wire similar to livestock fences in the 

area. 

all lands 

Page 19 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

Cultural Resources 

• If construction will adversely affect any properties listed on, or eligible 

for listing on, the NRHP, mitigation will be required. Mitigation may 

include, but not be limited to, one or more of the following measures: a) 

avoidance through the use of realignment of the pipeline route, 

relocation of temporary extra workspace, or changes in the construction 

and/or operational design; b) data recovery, which may include the 

systematic professional excavation of an archaeological site or the 

preparation of photographic and/or measured drawings documenting 

standing structures; and c) the use of landscaping or other techniques 

that would minimize or eliminate effects on the historic setting or 

ambience of standing structures. 

all lands 

• To minimize unauthorized collecting of archaeological material or 

vandalism to known archaeological sites, Overland Pass and their 

contractors, and all construction personnel, will attend mandatory 

training and be educated on the significance of cultural resources and 

the relevant federal regulations intended to protect them. 

all lands 

Socioeconomics 

• Overland Pass will implement its Traffic and Transportation 

Management Plan to mitigate potential impacts of project-related road 

use and construction. 

all lands, unless otherwise 

stipulated in the plan 

Hazardous Materials Storage and Use 

• Hazardous materials, chemicals, fuels, lubricating oils, and materials 

associated with concrete coating will not be stored within 500 feet of 

streams, wetlands, or water wells. On federal lands, refueling and 

lubricating of construction equipment would be restricted to at least 500 

feet of streams, wetlands, or water wells. Fuel and service truck drivers 

would be responsible for spill prevention during refueling and service 

activities. 

federal lands 

• On non-federal land, refueling and lubricating of construction 

equipment will be restricted to upland areas at least 100 feet from the 

edge of any streams, wetlands, ditches, and other waterbodies; 200 feet 

from private water supply wells; and 400 feet from public water supply 

wells, wherever possible. Wheeled and tracked construction equipment 

will be moved to an upland area more than 100 feet from streams, 

wetlands, ditches, and other waterbodies for refueling and at the end of 

each work day. 

non-federal lands 

• On private lands, materials such as fuels, other petroleum products, 

chemicals, and hazardous materials including wastes will be located in 

upland areas at least 500 feet away from streams and/or 200 feet of 

private wells (400 feet for public wells). 

non-federal lands 

• Pumps and temporary fuel tanks for the pumps will be stored in 

secondary containment if located within 100 feet of flowing 

waterbodies. Containment will provide a minimum volume equal to 110 

percent of the volume of the largest storage vessel located in the yard. 

all lands 

Page 20 of 21 
Appendix C 

Applicant-Committed Mitigation Measures 

Resource Applicability 

• Any construction spills will be promptly cleaned up and contaminated 

soil hauled to a disposal site approved by Overland Pass and that meets 

local jurisdictional requirements. 

all lands 

• In wetlands where no upland sites are available for refueling, auxiliary 

fuel tanks may be mounted to equipment to minimize the need for 

refueling. Only a fuel truck with a maximum of 300 gallons of fuel may 

enter restricted areas to refuel construction equipment. Two trained 

personnel will be present during refueling to reduce the potential for 

spills or accidents. 

all lands 

Spills 

• Overland Pass will implement procedures identified in the SPCC Plan to 

minimize the risk of spills and the effects of spills on the environment. 

all lands, unless otherwise 

stipulated in the plan 

• For an upland spill during construction, berms will be constructed with 

available equipment to physically contain the spill. Absorbent materials 

will be applied to the spill area. Contaminated soils and vegetation will 

be excavated and temporarily placed on and covered by plastic sheeting 

in a containment area a minimum of 100 feet away from any wetland or 

waterbody, until proper disposal is arranged. 

all lands 

• If a spill occurred beyond the scope of on-site equipment and personnel, 

an Emergency Response Contractor will be secured to further contain 

and clean up the spill. 

all lands 

• For spills in standing water, floating booms, skimmer pumps, and 

holding tanks will be used as appropriate by the contractor to recover 

and contain released materials on the surface of the water. 

all lands 

• For a spill threatening a waterbody, berms, and/or trenches will be 

constructed to contain the spill before it reached the waterbody. 

Deployment of booms, absorbent materials, and skimmers may be 

necessary if the spill reaches the water. The spilled product will be 

collected and the affected area cleaned up in accordance with 

appropriate state or federal regulations. 

all lands 

Reliability and Safety 

• Overland Pass will prepare an emergency plan that includes procedures 

to minimize the hazards in a natural gas liquids pipeline emergency 

prior to placing the pipeline system in service. 

all lands 

• Impacts from a potential rupture will be minimized by block and/or 

check valves installed on either side of waterbodies with widths greater 

than 100 feet. 

all lands 

Page 21 of 21 
APPENDIX D: BIOLOGICAL OPINION 
























APPENDIX E: MEMORANDUM OF AGREEMENT 











APPENDIX F: OVERVIEW MAP OF THE PROJECT