WAW 00091
2881 (135)
June 24, 2015
CERTIFIED MAIL – Return Receipt Requested, Receipt Number:_________________________
DECISION
Assignor:
:
Chevron Pipeline Company
:
5250 S. 300 W. STE 300
:
Murray, Utah 84107
:
:
Assignee:
:
:
Tesoro Logistics Northwest Pipeline, LLC :
19100 Ridgewood Parkway
:
San Antonio, TX 78259
:
Right-of-Way
WAW 00091
ASSIGNMENT OF RIGHT-OF-WAY APPROVED On March 12, 2013, Tesoro Logistics Northwest Pipeline, LLC (Tesoro) filed an application to
receive, through assignment, right-of-way serial number WAW 00091, held by Chevron Pipeline
Company (Chevron). On December 10, 2012, Tesoro’s Board of Directors authorized the acquisition
of Chevron’s assets; the Board also authorized the negotiation and execution of Chevron’s agreements.
The original right-of-way was issued on October 4, 1954, granting a perpetual easement for two buried
parallel pipelines and valve site within a 33 foot right-of-way. This right-of-way was authorized
pursuant to the Act of February 25, 1920 (30 USC 185) and authorizes use of an existing valve site and
buried gas pipelines covering approximately 1.08 acres of public land described as follows:
Walla Walla County, Washington
Township 7 North, Range 32 East, Willamette Meridian
Section 19, S½NE¼.
Tesoro Logistics Northwest Pipeline, LLC has agreed to be bound by all terms and conditions of the
grant. Chevron Pipeline Company has agreed to the assignment of the pipelines and valve site to
Tesoro. The request is approved. No other terms or conditions of the lease will be affected by this
decision. The processing and monitoring fees have been paid in the amount of $242.00 ($121.00 for
each). Rent in the amount of $822.80 has been collected and paid through December 31, 2024. No
other fees are required at this time. This assignment is approved for Tesoro Logistics Northwest
Pipeline, LLC.
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 and the enclosed Form 1842-1. If an
appeal is taken, your notice of appeal must be filed in this office (at the above address) within 30 days
from receipt of this decision. The appellant has the burden of showing that the decision appealed from
is in error.
If you wish to file a petition (request) pursuant to regulation 43 CFR 2801.10 or 43 CFR 2881.10 for a
stay (suspension) 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 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.
If you have any questions, please contact Heidi Lee Honner, Realty Specialist, at (509) 536-1216.
/s/ Lindsey Babcock
Lindsey Babcock
Field Manager
Border Field Office
Spokane District
4 Enclosures:
1 - BLM Form 1842-1
2 - Copy of Original ROW Authorization Decision
3 - Exhibit A - Map of Right-of-Way Area
4 – Receipt for Rent and Monitoring Fee
Categorical Exclusion Documentation
Department of Interior
Bureau of Land Management, Spokane District
1103 North Fancher Road
Spokane Valley, WA 99212
A. Background
BLM Office: Border Field Office
Lease/Serial/Case File No.: WAW 00091
NPEA Log Number: OR-135-2015-0006-CX
Proposed Action Title: Tesoro Logistics Northwest Pipeline Assignment of ROW
Location of Proposed Action: Walla Walla County, Washington, Willamette Meridian at:
T. 7 N., R. 32 E., sec. 19, S½NE¼ (see attached map Exhibit A)
Proposed Action:
The BLM received an application from Tesoro Logistics Northwest Pipeline LLC for an
assignment of a petroleum products pipeline right-of-way from Chevron Pipeline Company. The
right-of-way consists of two pipelines and valve site area within a 33 foot right-of-way. The
original right-of-way grant was issued in 1954. The right-of-way is approximately 1,425 feet long
and 33 feet wide. No new rights will be issued or new ground disturbance approved as a result of
this administrative action. This is a perpetual right-of-way with no expiration.
Refer to attached Exhibit-A map.
The proposed action is to authorize an assignment of right-of-way (transfer of rights and
responsibilities) for the petroleum products pipelines and valve site from Chevron Pipeline to
Tesoro Logistics Northwest LLC.
B. Land Use Plan Conformance
Land Use Plan Name: Spokane Resource Management Plan
Date Approved/Amended: Approved 1987/Amended 1992
The proposed action is in conformance with the applicable LUP because it is specifically provided
for in the following LUP decision(s): Keep public lands open for exploration/development of
mineral resources, rights-of-way, access, and other public purposes with consideration to mitigate
designated resource concerns (BLM 1987, p. 12).
C. Compliance with NEPA
The proposed action is categorically excluded from further documentation under the National
Environmental Policy Act (NEPA) in accordance with 516 DM 11.9.E (9): Renewals and
assignments of leases, permits, or rights-of-way where no additional rights are conveyed beyond
those granted by the original authorizations.
Tesoro Logistics Assignment of ROW CX
This categorical exclusion is appropriate in this situation because there are no extraordinary
circumstances potentially having effects that may significantly affect the environment. The proposed
action has been reviewed, and none of the extraordinary circumstances described in 43 CFR 46.215 apply,
as shown in the following table:
Categorical Exclusions - Extraordinary Circumstances Documentation
THE PROPOSED CATEGORICAL EXCLUSION ACTION WILL:
YES NO
2.1 Have significant impacts on public health or safety.
X
Rationale: The assignment of this right-of-way from one entity to another will have no impacts. No new rights or
additional ground disturbance will be approved as a result of this action, therefore the proposed action of approving
this would not have an impact on public health or safety because there are no activities on ground associated with
this.
2.2 Have significant impacts on such natural resources and unique geographic characteristics as historic
or cultural resources; park, recreation or refuge lands; wilderness areas; wild or scenic rivers; national
natural landmarks; sole or principal drinking water aquifers; prime farmlands; wetlands (Executive
Order 11990); floodplains (Executive Order 11988); national monuments; migratory birds; and other
ecologically significant or critical areas.
X
Rationale: There will be no new ground disturbance as a result of this assignment and therefore no new or
significant impacts to natural or cultural resources.
2.3 Have highly controversial environmental effects or involve unresolved conflicts concerning
alternative uses of available resources [NEPA Section 102(2)(E)].
X
Rationale: The approval of this assignment of rights and responsibilities from one company to another would not
have any environmental effects as there is no activities on ground that are involved with this.
2.4 Have highly uncertain and potentially significant environmental effects or involve unique or
unknown environmental risks.
X
Rationale: The approval of this assignment of right-of-way from one company to another would not have any
environmental effects or unknown environmental risks as there is no activities on ground that are involved with this.
2.5 Establish a precedent for future action or represent a decision in principle about future actions with
potentially significant environmental effects.
X
Rationale: No precedence is being established by approving this assignment of rights on this right-of-way. By
approving this action, rights and responsibilities are transferred from one company to another, This is a typical action
which would not set a precedent for future action.
2.6 Have a direct relationship to other actions with individually insignificant but cumulatively
X
significant environmental effects.
Rationale: The assignment of this petroleum products pipeline does not have a relationship to other federal actions
insignificant or cumulatively significant environmental effects, and as such, is not related to other actions with
cumulatively significant environmental effects.
2.7 Have significant impacts on properties listed, or eligible for listing, on the National Register of
Historic Places as determined by either the bureau or office.
X
Rationale: Approving of an assignment of rights from one entity to another will entail no new rights or additional
ground disturbance as a result of this action. The proposed action of approving this would not have an impact on
properties listed or eligible for listing, on the National Register of Historic Places because there is no ground
disturbance involved in this action.
2.8 Have significant impacts on species listed, or proposed to be listed, as an Endangered or Threatened
Species, or have significant impacts on designated Critical Habitat for these species.
Rationale: Approving of an assignment of rights from one entity to another will entail no new rights or additional
Tesoro Logistics Assignment of ROW CX
X
ground disturbance as a result of this action. The proposed action of approving this would not have an impact on or
affect any Endangered or Threatened Species, as none are known to currently exist, none are suspected to exist, and
no suitable habitat exists to support them within the area of the proposed action. This is true for Botany and Wildlife.
2.9 Violate a Federal law, or a State, local, or tribal law or requirement imposed for the protection of the
environment.
X
Rationale: The proposed action is in conformance with the direction given for the management of public lands in
the Spokane District ROD/RMP, which complies with all applicable laws, such as the Federal Land Policy
Management Act, Endangered Species Act, Historic Preservation Act, Clean Water Act and others.
2.10 Have a disproportionately high and adverse effect on low income or minority populations
(Executive Order 2898).
X
Rationale: Implementing the proposed action would not have a disproportionately high or adverse effect on low
income or minority populations.
2.11 Limit access to and ceremonial use of Indian sacred sites on Federal lands by Indian religious
practitioners or significantly adversely affect the physical integrity of such sacred sites (Executive
Order 13007).
X
Rationale: There are no identified sacred, ceremonial or religious Indian sites in the analysis area. Therefore, there
would be no effects.
2.12 Contribute to the introduction, continued existence, or spread of noxious weeds or non-native
invasive species known to occur in the area or actions that may promote the introduction, growth, or
expansion of the range of such species (Federal Noxious Weed Control Act and Executive Order 13112).
X
Rationale: Approving of an assignment of rights from one entity to another will entail no new rights or additional
ground disturbance as a result of this action. The proposed action of approving this would not have an impact on the
land and any weeds within the right-of-way. Standard right-of-way stipulations from the original right-of-way
authorization address the control of weeds or invasive species.
E. Signature
/s/ Lindsey Babcock
June 25, 2015
______________________________
__________________
Lindsey Babcock
Field Manager
Border Field Office
Spokane District
Date
F. Contact Person & Reviewers
For additional information concerning this Categorical Review, contact:
Heidi Lee Honner,
Realty Specialist
Spokane District Office, Bureau of Land Management
1103 North Fancher Ave.
Spokane Valley, WA 99212
(509) 536-1216
[email protected]
Tesoro Logistics Assignment of ROW CX
Reviewers
Resource
Anne Boyd
Archaeology
Heidi Honner
Realty Specialist/Team Leader
Jason Lowe
Wildlife and Fisheries
Kim Frymire
Botany
Michelle Roberts
NEPA Planner
Tesoro Logistics Assignment of ROW CX
Initials
Date
Exhibit A
Chevron to Tesoro Logistics Northwest Pipeline Assignment
Buried Gas Pipelines and Valve Site Right-of-Way, WAW 00091
R31E
R32E
17
T7N
19
25
R31E
March 23, 2015
T07N-R32E
30
Willamette Meridian,
Walla Walla County, Washington
T. 7 N., R. 32 E., sec. 19, S½NE¼.
2 Buried Gas Pipelines within 33 foot ROW
1,425 feet long, 33 feet wide, 1.08 acres
USDI - Bureau of Land Management
Spokane District Office
1103 N. Fancher Rd.
Spokane Valley, WA 99212
(509) 536 - 1200
No warranty is made by the Bureau of Land Management as to the accuracy,
reliability, or completeness of these data for individual or aggregate use
with other data. Original data were compiled from various sources and may
be updated without notification.
20
T7N
24
USDA, BLM and FS Personnel
R32E
/
Legend
0
475
950
1,900 Feet
P r o j e c t
Wenatchee
A r e a
Spokane
^
Buried Gas Pipelines
Valve Site Area
BLM Lands
WASHINGTON STATE
^