[Federal Register Volume 63, Number 112 (Thursday, June 11, 1998)]
[Notices]
[Pages 32025-32029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15685]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

DEPARTMENT OF AGRICULTURE

Forest Service
[CO-030-5101-00-YCKD; COC-51280]


Record of Decision, Final Supplement to the Final 1992 
Environmental Impact Statement TransColorado Gas Transmission Project; 
Colorado and New Mexico

AGENCY: Bureau of Land Management (BLM), Interior, and Forest Service 
(FS), Agriculture.

ACTION: Notice of availability of a 1998 Record of Decision for the 
Final Supplement to the Final 1992 Environmental Impact Statement 
TransColorado Gas Transmission Project; Colorado and New Mexico.

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SUMMARY: The Bureau of Land Management (BLM), as lead agency, and in 
cooperation with the U.S. Forest Service (USFS) has prepared a Record 
of Decision (ROD) for the Final Supplement (Supplement) to the 1992 
Final Environmental Impact Statement (FEIS) for the TransColorado Gas 
Transmission (TransColorado) Project on Federal lands in Colorado and 
New Mexico. TransColorado Gas Transmission Company is the proponent. 
Lands managed by the BLM in the Montrose, Craig, and Grand Junction 
Districts in Colorado, and the Farmington District in New Mexico, and 
the USFS in the Uncompahgre and San Juan National Forests, Colorado, 
are

[[Page 32026]]

crossed by the TransColorado pipeline project. The impacts of 
implementing the proponent's Proposed Action Alternative, the No Action 
Alternative, and the Agency Preferred Alternative were analyzed in the 
Supplement.
    The 1998 ROD for the Final Supplement to the 1992 FEIS adopts the 
Agency Preferred Alternative. The 1998 ROD approves the following 
actions associated with the Agency Preferred Alternative:
    1. The construction, operation, maintenance, and termination of 
known proposed route changes and minor realignments (less than 100 ft.) 
from the approved pipeline right-of-way (ROW) grant COC-51280.
    2. The use of known additional temporary use areas adjacent to the 
approved ROW or proposed ROW route changes or minor realignments.
    3. The minor realignments to the pipeline centerline and the use of 
relocated temporary work areas, in unspecified locations to accommodate 
conditions that might be encountered during construction.
    4. Modifications to several environmental protection measures 
contained in the 1992 ROW grant and 1992 ROD.
    5. The re-authorization of an expired 25 foot-wide temporary use 
permit (TUP) for necessary work space adjacent to and parallel to the 
entire length of the pipeline, including along approved route changes 
and minor realignments.
    Further, the amended MLA ROW grant offered to TransColorado will 
contain stipulations concerning hazardous materials, threatened and 
endangered species, BLM and USFS sensitive species, Department of 
Transportation health and safety issues, any future modifications to 
mitigation measures, valid existing rights, Plan of Development, strict 
liability, steep slopes special mitigation and visual resource 
mitigation.

ADDRESSES: The Record of Decision, the 1998 Supplement, and the 1992 
FEIS are available for public review at the following BLM and USFS 
offices: BLM Grand Junction District, BLM Montrose District, BLM San 
Juan Resource Area, BLM Farmington District, Grand Mesa, Uncompahgre, 
and Gunnison National Forests, and San Juan National Forest. Public 
reading copies are available at the federal depository libraries in 
Colorado and New Mexico, and public libraries within San Juan County, 
New Mexico, and La Plata, Montezuma, Dolores, San Miguel, Montrose, 
Delta, Mesa, Garfield and Rio Blanco Counties, Colorado, and at 
TransColorado Offices in Salt Lake City and Montrose, CO.

FOR FURTHER INFORMATION CONTACT: Bill Bottomly (970) 240-5337, Ilyse 
Auringer (970) 385-1341, Dave Lehmann (970) 344-3021, or Steve Hemphill 
(970) 874-6633.

SUPPLEMENTARY INFORMATION: After preparing Draft and Final 
Environmental Impact Statements, the BLM and USFS signed Records of 
Decision on December 1, 1992, for a 292 mile-long TransColorado Gas 
Transmission pipeline from Meeker, Colorado to Bloomfield, New Mexico. 
Under the authority of the Mineral Leasing Act of 1920 (30 U.S.C. 185), 
as amended, BLM issued a 50 foot-wide ROW grant on December 4, 1992, 
accompanied by a 25 foot-wide Temporary Use Permit, excepting 1.7 miles 
near Grand Junction, Colorado, to TransColorado (COC-51280). The 
Federal Energy Regulatory Commission issued TransColorado a Certificate 
of Public Convenience and Necessity on June 3, 1994. TransColorado 
completed the 22.5 mile Phase I of the project in December, 1996. The 
proponent is now prepared to construct the remainder of the pipeline 
during 1998.
    Public participation has occurred throughout the preparation of the 
Supplement. The Notice of Intent to prepare this Supplement to the FEIS 
was published in the Federal Register on November 21, 1997. ``Open 
House'' forums were held from October 21 through December 10, 1997 at 
Norwood, Durango, Delta, Rangely, Dolores, and Grand Junction, 
Colorado. Field trips to locations on the San Juan National Forest were 
offered on November 15 and 22, 1997. The Draft Supplement was published 
on January 23, 1998, and was available for public comments for a 60-day 
period that closed on March 18, 1998. The BLM and USFS received 52 
written comment letters and several oral comments during the public 
comment period on the Draft Supplement, including at the public 
meetings held on February 17, 18, and 19, 1998 in Durango, Dolores, and 
Grand Junction, Colorado, respectively. The Final Supplement was 
published on April 24, 1998, for a 30-day availability period which 
ended on May 24, 1998. Two comment letters were received, neither of 
which resulted in any changes to the Final Supplement.
    The purpose of the amended ROW and related authorizations is for 
the construction, operation, maintenance and termination of one 22 to 
24 inch diameter natural gas pipeline, appurtenances, and associated 
facilities between the Piceance Basin near Meeker, Colorado to the 
interconnection near the Coyote Gulch Treating Plant, northwest of 
Bloomfield, New Mexico.
    Pursuant to 40 CFR 1506.3, the BLM and the USFS have independently 
reviewed the Supplement in conjunction with the 1992 FEIS and have 
concluded that, with the mitigation measures documented in the 1992 
FEIS and those identified in the Agency Preferred Alternative of the 
Supplement to the 1992 FEIS, the BLM and USFS comments and suggestions 
have been satisfactorily integrated.
    The Authorized Officer has adopted the Supplement and the Agency 
Preferred Alternative in the Supplement, relative to the federal lands 
administered by the BLM and USFS, subject to the additional mitigation 
in the ROD. Letters of concurrence with the ROD from the Uncompahgre 
National Forest and the San Juan National Forest are on file at the 
Montrose District Office of the BLM. The ROD approved the following 
amendments to the TransColorado Gas Transmission Company ROW grant COC-
51280 on Federal lands managed by the BLM and USFS:

1. Route Changes and Realignments

    Offer to TransColorado, and grant if accepted, an amended MLA ROW 
grant COC-51280 for the Federal lands involved, incorporating pipeline 
route changes greater than 100 feet from the existing centerline of the 
pipeline, and pipeline realignments that are less than 100 feet from 
the existing centerline of the pipeline. The permanent width of the 
amended ROW will be 50 feet. The term of the amended ROW grant will be 
for 30 years from the date of the original ROW grant, COC-51280. The 
route changes and realignments herein are described in Chapter 2, 
Tables 2-1, 2-2, and 2-3, of the Agency Preferred Alternative of the 
Supplement. Maps of each route change are shown in Appendix B of the 
Supplement. Legal descriptions for these route changes and realignments 
on Federal lands affected by the ROD are shown in Attachment 1 of the 
ROD. The route of the entire ROW, including these route changes and 
realignments, and ancillary facilities, is shown on the official, 
Approved ROW Alignment Sheets for the pipeline and related facilities 
designated as TransColorado Pipeline Project Construction Alignment 
Sheets TCP-3022D-1101 to 1155, 1301 to 1324, 7500, and 9200 to 9250. 
The offered amended ROW grant will be subject to the terms and 
conditions as specified in the ROD, as well as all of the terms and 
conditions specified in the 1992 ROD from the FEIS.

[[Page 32027]]

2. Temporary Use Areas

    Offer to TransColorado and grant if accepted Temporary Use Permits 
(TUPs) for temporary use areas (TUAs) on the Federal lands for the 
purpose of constructing one 22 to 24 inch natural gas pipeline 
associated with ROW COC-51280 and amended ROW COC-51280. These TUPs 
will be subject to all stipulations specified in the ROD as well as all 
stipulations specified in the 1992 ROD from the FEIS. These subject 
TUAs are listed in Table 2-4 and Appendix C of the Supplement. Legal 
descriptions for these TUAs are shown in Attachment 1 of the ROD. All 
TUAs are shown on the official Approved ROW Alignment Sheets for the 
pipeline and related facilities designated as TransColorado Pipeline 
Project Construction Alignment Sheets TCP-3022D-1101 to 1155, 1301 to 
1324, 7500, and 9200 to 9250.

3. Field Pipeline Realignments and Field Relocation of Temporary 
Use Areas

    Authorize BLM and USFS delegated representatives to approve 
realigning the staked centerline of the pipeline described in ROW grant 
COC-51280 as amended, up to a maximum of 100 feet from the staked 
centerline. All such realignments shall be implemented only with the 
specific conditions that (1) the realignment can reasonably be 
constructed, (2) a determination has been made by the agency 
archaeologist that no significant cultural resources will be effected, 
(3) a determination has been made by the agency biologist that no 
direct effects (e.g. taking) of listed species will occur, (4) a 
determination has been made by the Authorized Officer's representative 
that soil and slope stability can be maintained, and erosion will be 
controlled using methods identified in the project POD.
    Authorize BLM and USFS delegated representatives to approve 
relocating TUAs a maximum of 100 feet from the original approved TUA 
boundary, subject to the following conditions: (1) The TUA is no larger 
than the size originally approved; (2) a determination has been made by 
the agency archaeologist that no significant cultural resources will be 
effected, (3) a determination has been made by the agency biologist 
that no direct effects (e.g. taking) of listed species will occur, (4) 
a determination has been made by the Authorized Officer's 
representative that soil and slope stability can be maintained, and 
erosion will be controlled using methods identified in the project POD.

4. Revised Environmental Protection Measures

    Approve the 18 revised environmental protection measures in the 
Agency Preferred Alternative, Table 2-6 on the Supplement. These 
environmental protection measures are shown in Attachment 2 of the ROD, 
``Revised Tables 2-12, TransColorado Gas Transmission Project 
Environmental Protection Measures for Federal Lands'' and Table 2-13, 
TransColorado Gas Transmission Project Site-Specific Environmental 
Protection Measures.'' The amended ROW grant and all TUPs offered to 
TransColorado will be subject to these revised environmental protection 
measures, all terms and conditions as specified in the ROD, as well as 
all terms and conditions specified in the 1992 ROD from the FEIS. The 
amended ROW grant offered to TransColorado will condition all granted 
areas (to include the original granted alignment, all route changes and 
all realignments) to all terms and conditions as specified in the ROD, 
as well as all terms and conditions specified in the 1992 ROD from the 
FEIS.

5. Re-Authorization of the 25-foot Wide Temporary Use Area

    Offer to TransColorado and grant if accepted a Temporary Use Permit 
(TUP) for a 25-foot wide temporary use area (TUA) on the Federal lands 
adjacent to and for the length of the ROW and amended ROW. The purpose 
of this TUA will be for the construction of one 22 to 24 inch natural 
gas pipeline associated with ROW COC-51280. This TUP will be subject to 
all stipulations of the ROD as well as all stipulations of the 1992 ROD 
from the FEIS. Legal description for this TUA is shown in Attachment 1 
of the ROD. The TUA is shown on the official Approved ROW Alignment 
Sheets for the pipeline and related facilities designated as 
TransColorado Pipeline Project Construction Alignment Sheets TCP-3022D-
1101 to 1155, 1301 to 1324, 7500, and 9200 to 9250.

Additional Mitigation and Monitoring

    The amended MLA ROW grant COC-51280 (to include the original 
granted alignment, all route changes and all realignments) and all TUPs 
offered to TransColorado will contain the following additional 
stipulations and environmental protection measures on Federal lands. 
These measures are based on environmental concerns which were not fully 
incorporated into the Final Supplement. The term ``holder'' refers to 
the holder of the MLA ROW grant, TransColorado Gas Transmission 
Company, its successors and assigns. Inclusion of these measures should 
provide for all practicable means to avoid or reduce environmental 
harm, in accordance with the requirements under 43, Code of Federal 
Regulations (43 CFR, Part 2881.2).

6. Hazardous Materials

    Holder will be required to provide information on hazardous 
materials that will be used, produced, transported or stored on the 
ROW, either temporarily during construction or permanently, in 
accordance with the requirements of BLM Instruction Memorandum No. 94-
253 (Hazardous Materials Management on Rights-of-way, July 28, 1994 and 
refer to Department of Interior Standard Form 299, Item #19). 
Currently, three categories of hazardous materials, explosives and 
blasting agents, paint, and coatings are identified as being brought on 
site during the project. Based on the use or transport of these 
materials, during the project by TransColorado on Federal lands, the 
following stipulations will be included in the amended ROW grant:
    (a) Holder shall comply with all applicable Federal laws and 
regulations concerning hazardous materials and toxic substances, 
existing or hereafter enacted or promulgated. In any event, the holder 
shall comply with the Toxic Substances Control Act of 1976, as amended 
(15 U.S.C. 2601, et seq.) with regard to any toxic substances that are 
used, generated by or stored on the ROW or on facilities authorized 
under the ROW grant. (See 40 CFR, Part 702-799) Additionally, any 
release of toxic substances (leaks, spills, etc.) at or in excess of 
the reportable quantity established by 40 CFR, Part 117 shall be 
reported as required by the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, Section 102b. A copy of any 
report required or requested by any Federal or State government as a 
result of a reportable release or spill of any toxic substances shall 
be furnished to the BLM Authorized Officer concurrent with the filing 
of the reports to the involved Federal agency or State government.
    (b) The holder agrees to indemnify the United States against any 
liability arising from the release of any hazardous substance or 
hazardous waste (as these terms are defined in the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, 42 
U.S.C. 9601, et seq. or the Resource Conservation and Recovery Act of 
1976, 42 U.S.C. 6901, et seq.) on the ROW (unless the

[[Page 32028]]

threatened release is wholly unrelated to the ROW holder's activity on 
the ROW). This agreement applies without regard to whether a release is 
caused by the holder, its agent, or unrelated third parties.
    (c) The holder shall comply with all applicable Federal, State and 
local laws or ordinances concerning the use, storage and transport of 
explosives and blasting agents. The holder shall provide the 
appropriate office of the Bureau of Alcohol, Tobacco and Firearms 
(BATF), Regulatory Enforcement, with a list of dates and locations for 
the explosives and blasting agent storage facilities to be used on the 
Project, at least 14 days prior to the establishment of such storage 
facilities. In addition, the BLM Authorized Officer in his or her 
discretion may require the holder to employ additional security 
measures for the storage or transport of explosives and blasting 
agents, including but not limited to the use of 24-hour on site 
security personnel. These additional security measures will be 
developed through consultation between the BLM Authorized Officer, 
BATF, appropriate land managing agencies, Federal, State and local law 
enforcement agencies and the holder.

7. Threatened and Endangered Species

    The Holder shall comply with all conservation measures and 
conservation recommendations contained in the US Fish and Wildlife 
Service's (USFWS) May 18, 1998, Final Biological Opinion (Attachment 
3). The BLM will retain jurisdiction should the Section 7 consultation 
process need to be reinitiated at any point during this project. These 
measures will also be incorporated into the Plan of Development (POD) 
for the project.

8. Sensitive Species

    The Holder shall comply with all mitigation measures contained in 
the Final Biological Evaluation for BLM and USFS ``sensitive species'' 
identified for the TransColorado Project will be implemented 
(Attachment 4). These measures will also be incorporated into the Plan 
of Development for the project.

9. Department of Transportation; Health and Safety

    In accordance with 43 CFR 2881.2(c), TransColorado shall comply 
with all applicable Federal and State law that will protect the safety 
and health of pipeline workers and the general public, including, but 
not limited to, protection against the sudden rupture and slow 
degradation of the pipeline. This includes compliance with all such 
applicable measures required by FERC, Department of Transportation 
(DOT) and appropriate State Agencies of Colorado and New Mexico. 
TransColorado shall design, construct, operate, and maintain all 
facilities in accordance with applicable Federal (including DOT) and 
State law governing pipelines and pipeline construction.

10. Mitigation Measure Modification Requests

    Any changes in mitigation measures that apply to activities on 
Federal lands must be approved in writing, in advance, by the BLM 
Authorized Officer or delegated Authorized Officer's Representative. 
TransColorado must request such changes in writing at least 7 days 
prior to the date that the change in the mitigation measure would take 
effect. Minor on-site one-time variances to mitigation measures may be 
approved, in writing, by the BLM/USFS designated Compliance Inspectors 
on a case-by-case basis.

11. Valid Existing Rights

    This MLA ROW shall be subject to all valid existing rights on 
Federal lands as of the date of the grant and amended grant.

12. Alignment Sheets, Legal Descriptions and TUPs

    The Official Approved Alignment Sheets will be part of the amended 
MLA ROW grant to be offered and granted, if accepted by TransColorado. 
All TUPs will reference tracking numbers, mileposts, or specific 
locations along the pipeline centerline on the subject Alignment Sheets 
and in Appendix C in the Supplement.

13. Plan of Development

    TransColorado is required to provide the BLM and USFS a Plan of 
Development (POD) that details how the pipeline and associated 
facilities will be constructed. The final POD will become part of the 
amended ROW grant by reference. The final POD will be completed and 
approved by the BLM and the USFS prior to the issuance of any 
construction-related Notice to Proceed (NTPs) for Federal lands. If all 
required environmental protection measures from both the 1992 and 1998 
RODS are not included in the POD to the satisfaction of the BLM and the 
USFS, no construction related NTP will be issued for Federal lands. 
Prior to any construction or other surface disturbance associated with 
ROW grant C-51280 or amended ROW C-51280 or related TUPs, the 
Authorized Officer or delegated agency representative will issue 
written NTPs. Any NTP shall authorize construction or use only as 
therein expressly stated and only for the particular location, segment, 
area, or use described.

14. Strict Liability

    Chapter 3 the 1992 FEIS and Chapter 3 and Appendix D of the 
Supplement to the 1992 FEIS identify specific steep slopes of the San 
Juan National Forest where the TransColorado Project presents a 
foreseeable hazard or risk to the United States. These potential 
hazards or risks are documented in Appendix D of the Supplement to the 
1992 FEIS. The slope stability issue of these specific slopes is 
discussed in (1) the 1991 ``Engineering Geology and Geotechnical 
Engineering Services, Alternative ``J'' and Alternative ``E'' Canyon 
Crossings, San Juan National Forest, Montezuma County, Colorado, 
TransColorado Project'' by Sergent, Hauskins & Beckwith (SHB); in (2) 
the ``Special Geotechnical and Engineering Investigations for the 
Proposed TransColorado Pipeline Route Through the San Juan National 
Forest'' prepared by Universal ENSCO Inc. and AGRA Earth and 
Environmental, dated March, 1998; in (3) a letter from AGRA Earth and 
Environmental entitled ``Validity of the 1991 SHB Report on the 
Engineering Geology and Geotechnical Engineering Regarding Slopes in 
the San Juan National Forest, Montezuma County, Colorado''; in (4) two 
reports from Dr. Nicholas Sitar titled ``Stability Analysis of Soil 
Strength Parameters for the Proposed TransColorado Pipeline'' and an 
``Addendum to Review of Stability Analysis of Soil Strength Parameters 
for the Proposed TransColorado Pipeline'', dated December 22, 1997 and 
December 30, 1997, respectively; in (5) the AGRA Earth and 
Environmental January 1998 ``Reclamation Plan, Shallow Slope Stability 
Mitigation Plan, TransColorado Pipeline Company San Juan National 
Forest'' and; in (6) the USFS San Juan National Forest April 23, 1998 
report, ``Comments on TransColorado Pipeline Geotechnical Engineering 
and Engineering''. These impact discussions demonstrate the differences 
in the professional geotechnical conclusions concerning the slope 
stability of the specifically identified steep slopes of the San Juan 
National Forest and that the Project presents a foreseeable hazard or 
risk to the United States due to geologic hazards, rockfalls and slope 
instability. These hazards may result in ruptured, damaged or corroded 
pipe, which may pose a public and environmental safety hazard, 
including fire and explosion. The costs of suppressing wildland fires 
caused by

[[Page 32029]]

these environmental safety hazards would be likely to exceed 
$1,000,000, depending on the time of year and fire hazard conditions. 
Damages to highways and other facilities, as well as liability for 
human injuries, could also exceed this amount. In accordance with the 
regulations under 43 CFR 2883.1-4, this potential for a foreseeable 
risk or hazard to the United States requires that the MLA amended ROW 
grant offered to TransColorado be subject to the following strict 
liability stipulation:

    The holder shall be liable for damage or injury to the United 
States to the extent provided by 43 CFR 2883.1-4. The holder shall 
be held to a standard of strict liability for damage or injury to 
the United States resulting from fire, explosion or soil movement 
(including land slides, slumps and rockfalls, as well as wind and 
water-caused movement of particles) caused or substantially 
aggravated by any of the following within the ROW or permit area:
    (a) Activities of the holder, including but not limited to 
construction, operation, maintenance, and termination of the 
facility.
    (b) Activities of other parties including but not limited to:
    (i) Land clearing and logging.
    (ii) Earth-disturbing and earth-moving work.
    (iii) Blasting.
    (iv) Vandalism and sabotage.
    (c) Acts of God.
    The maximum limitation for such strict liability damages shall 
not exceed one million dollars ($1,000,000) for any one event, and 
any liability in excess of such amount shall be determined by the 
ordinary rules of negligence of the jurisdiction in which the damage 
or injury occurred.
    This requirement shall not impose strict liability for damage or 
injuries resulting primarily from an act of war or from the 
negligent acts or omissions of the United States.

    The strict liability stipulation contained in MLA amended ROW grant 
COC-51280 offered to TransColorado will be applied only to the 
locations on Federal lands managed by the San Juan National Forest 
described in the ROD in Attachment 5 of the ROD.

15. Steep Slopes Mitigation

    All steep slope mitigation and construction measures and 
environmental protection measures contained in Appendix D, ``Steep 
Slopes Construction Plan'' of the Supplement will be followed. On these 
designated steep slope locations on the San Juan National Forest and on 
the Grand Mesa Slopes (see Appendix D-2, Supplement), these measures 
will take precedence over general mitigation measures. TUPs issued on 
these designated steep slopes of the San Juan National Forest 
(Attachment 5), will be stipulated such that TUAs will not be used for 
the storage of merchantable timber. NTPs for these same TUAs on the San 
Juan National Forest will also contain this stipulation.

16. Visual Resource Mitigation

    In the visually sensitive areas of the Grand Mesa Slopes Area and 
the Grand Valley, and the Dolores River Canyon crossing, the BLM 
Authorized Officer or delegated representative, at his/her discretion 
will require the implementation of some or all of the visual resource 
mitigation requirements stated in Attachment 2 of the ROD (Revised 
Tables 2-12 and 2-13 of the 1992 FEIS) and Appendix D of the Supplement 
to the 1992 FEIS. Additionally, for the Dolores River Canyon crossing 
and steep slopes, the final determination of visual resource mitigation 
measures will be at the discretion of the Authorized Officer, following 
construction. Design holes for tree planting shall be installed in 
quantity and dimension as directed by the Authorized Officer.
    The decisions in the 1998 ROD may be appealed to the Interior Board 
of Land Appeals (IBLA), Office of the Secretary, in accordance with the 
regulations contained in 43 Code of Federal Regulations (CFR), Part 4 
and the enclosed Form 1842-1. If an appeal is taken, your notice of 
appeal must be filed with the Bureau of Land Management, District 
Manager, Montrose District, 2465 South Townsend Avenue, Montrose, 
Colorado 81401 within 30 days from the date of publication of this 
Notice of Availability in the Federal Register. The appellant has the 
burden of showing that the decision appealed from is in error.
    The decision(s) in the ROD may be appealed to the Interior Board of 
Land Appeals (IBLA), Office of the Secretary, in accordance with the 
regulations contained in 43 Code of Federal Regulations (CFR), Part 4. 
If an appeal is taken, your notice of appeal must be filed with the 
Bureau of Land Management, Montrose District Manager, 2465 South 
Townsend Avenue, Montrose, Colorado 81401, within 30 days after the 
date of publication in the Federal Register. The appellant has the 
burden of showing that the decision appealed from is in error.
    If you wish to file a petition pursuant to regulations at 43 CFR 
4.21 (58 FR 4939, January 19, 1993) for a stay of the effectiveness of 
this decision during the time that your appeal is being reviewed by the 
IBLA, 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 IBLA and to the appropriate Office of the Solicitor 
(see 43 CFR 4.413) at the same time the original documents are filed 
with 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 regulation, 
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.
    Adverse parties of record who must be served with a copy of the 
appeal and statement of reasons are: Mr. C. Kim Blair, TransColorado 
Gas Transmission Company, 79 South State St., P. O. Box 11450, Salt 
Lake City, Utah 84147.

    Dated: June 4, 1998.
Mark W. Stiles,
District Manager, Montrose District, Bureau of Land Management.

    Dated: June 4, 1998.
Robert L. Storch,
Forest Supervisor, Grand Mesa, Uncompahgre, and Gunnison National 
Forests, Forest Service.
[FR Doc. 98-15685 Filed 6-10-98; 8:45 am]
BILLING CODE 4310-JB-P