Beruflich Dokumente
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THE DIRECTOR OF THE SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION TOOK
FORMAL ACTION ON SEPTEMBER 28, 2009, IN THE TRUST LANDS ADMINISTRATION OFFICE,
675 EAST 500 SOUTH, SUITE 500, SALT LAKE CITY, UTAH 84102-2818, ON THE MINERAL, SURFACE,
DEVELOPMENT, FEE WAIVER, AND TRUST ACCOUNTING BUSINESS MATTERS AS INDICATED AND
WHICH BECOME EFFECTIVE AT 6:00 P.M. ON SEPTEMBER 28,2009.
THESE MINUTES INCLUDE MINERAL ACTIONS AS LISTED ON PAGES 1 TO 2; SURFACE ACTIONS AS
LISTED ON PAGES 2 TO 88; DEVELOPMENT ACTIONS AS LISTED ON PAGES 88 TO 89; ACTIONS
CONTAINING FEE WAIVERS AS LISTED ON PAGES 89 TO 90; AND TRUST ACCOUNTING ACTIONS AS
LISTED ON PAGES 90 TO 91.
THESE MINUTES ARE DEEMED THE FINAL AGENCY ACTION CONCERNING THESE MATTERS AND
MAY BE SUBJECT TO REVIEW AND/OR ADJUDICATION PURSUANT TO R850-8 OF THE AGENCY'S RULES.
ANY APPEAL OF MATTERS CONTAINED WITHIN THESE MINUTES MUST BE IN WRITING, PURSUANT TO
R850-8-1000, AND MUST BE RECEIVED BY THE OFFICE OF THE DIRECTOR BY 6:00 P.M. ON TUESDAY,
OCTOBER 13,2009. APPEALS NOT FILED BY THAT TIME WILL NOT BE ACCEPTED AND THE MATTERS
WILL BE CONSIDERED UNAPPEALABLE.
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MINERAL
ACTIONS
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METALLIFEROUS MINERAL LEASE APPROVALS
Upon recommendation of Mr. Stokes, the Director approved the Metalliferous Minerals lease applications listed below at
a minimum annual rental rate of $500 per lease or $1 per acre, whichever is greater. The production royalty, as provided
in the lease form, approved by the Director of the Trust Lands Administration, is 8% for fissionable minerals and 4% for
non-fissionable minerals - based on the gross value of the ore. The land status has been examined utilizing both the plat
books and the business system and the lands were found to be open and available. The applications have been checked
for completeness and found to be in proper order. The lease administrator has had the legal description reviewed by the
GIS Group. The business system and plat books have been updated to show the lease applications as existing contracts on
the lands described below:
ML 51632
The Treasure Company
4941 S. Murray Blvd. Y-23
Salt Lake City, Utah 84123
Annual Rental: $659.00
Utah
658.83 Acres
Sevier
1280.00 Acres
FUND: SCH
ML 51633
Rolling Thunder R&D
C/O North American Exploration, Inc.
447 North 300 West, Suite # 3
Kaysville, UT 84037
Annual Rental: $1280
FUND: SCH: 960.00 Acres
DEAF: 320.00 Acres
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SURFACE
ACTIONS
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GRAZING PERMITS
RENEWAL OF GRAZING PERMIT
The following grazing permit has been renewed for a period of 15 years, beginning July 1, 2009, and expiring
June 30, 2024.
Permit #
GP 20236-09
# Acres
640.00
# AUMs
37
County
Emery
Fund
School
The permit administrator has had the legal description of this permit reviewed by the GIS Group.
Upon recommendation of Ms. Paula Lane, the Director approved the renewal of this permit.
RIGHTS OF ENTRY
RIGHT OF ENTRY NO. 5364 (APPROVAL)
The Trust Lands Administration received a right of entry permit application from the Federal Aviation Administration,
AWP, 1601 Lind Ave. S.W., Renton, Washington 98057, for temporary authorization to continue the operation of an
existing communication site for a VORTAC facility, which is a federal government communication site for an air traffic
control site, on the following trust lands on Lake Mountain:
Township 6 South, Range 1 West, SLB&M
Section 27: NENENW
County: Utah
Acres: 10.00
Fund: School
Use of the existing communication site was previously authorized under Special Use Lease 809, which has expired.
ROE 5364 is intended only as an interim permit until the new replacement lease (SULA 1585) can be approved and
executed. The FAA is still reviewing the new draft lease agreement. It has taken longer to negotiate the proposed new
lease agreement with the applicant than was anticipated, but it is in process, and the Trust Lands Administration is waiting
on the FAA to complete its latest review of the proposed agreement. The permittee has a long-term record of satisfactory
performance on the existing communication site with the Trust Lands Administration. There will be no additional
disturbance or changes on the site.
The permit shall have a six-month term, with a commencement date of July 1, 2009, and an expiration date of
December 31, 2009. The charge for this temporary use is $3,000.00 (to be applied as telecommunication rental) plus a
$50.00 application fee and a $50.00 processing charge, totaling $3,100.00. The applicant has agreed to the terms of the
proposed permit and the fees and rental.
Upon recommendation of Mr. Gary Bagley, the Director approved Right of Entry Permit No. 5364 for a six-month term
or until SULA 1585 is executed, whichever is earlier.
$1,000.00
$ 250.00
$ 700.00
$1,950.00
LEGAL DESCRIPTION:
Township 19 South, Range 25 East, SLB&M
Section 2: Lots 3, 4, SNW (collectively, the NW)
Contains 160.17 acres, more or less.
The lease administrator has had this description reviewed by the GIS Group.
COUNTY: Grand
ACRES: 160.17
FUND: School
PROPOSED ACTION:
The applicant proposes to construct, operate, and maintain up to four commercial salt water injection wells
("Facility") to dispose of salt water that is produced from gas exploration and development operations. The wells will be
drilled in phases within the NW1/4 of Section 2, with the Utah Division of Oil, Gas and Mining (DOGM) monitoring
and approving each phase of development. The first phase of the Facility will be the drilling of the Westwater
State 4-2-19-25 Well, which will be located in the NWNW (Lot 4) in accordance with DOGMs approved Application for
Permit to Drill dated August 3, 2009. The current oil and gas mineral lessee, Retamco Operating Inc., (ML 49255), was
notified of the proposed action. No comments were received. The mineral lessee will be notified of all future well
locations as to not interfere with future development of their mineral estate. The applicant will dispose of off-lease and
off-unit water. The applicant will also dispose of out of state water. The applicant shall not dispose of any product other
than produced water, as defined in Utah Administrative Code R649-1-1 (2006). The term of the special use lease
agreement will be 10 years.
RELEVANT FACTUAL BACKGROUND:
The application was advertised in a paper of local circulation in Grand County. In addition, Grand County was
notified of the action and a copy of the notice was sent to all lessees, permittees, and adjoining landowners. The required
public notice process has been completed pursuant to the requirements of R850-30-500(2)(d) and R850-30-500(2)(e).
There were no competing applications received during the notice period.
The Resource Development Coordinating Committee (RDCC) review was initiated on February 17, 2009, and
the following comments were received:
Utah Geological Survey:
"Although there are no paleontological localities recorded in our files for this project area, the
Cretaceous Cedar Mountain and Dakota Formations that may be exposed over portions of this project area have
$1,000.00
250.00
700.00
$1,950.00
LEGAL DESCRIPTION:
Township 5 South, Range 21 East, SLB&M
Section 10: SWSW (within)
Basis of bearing is S 201'16" E as per state plane coordinates NAD 83 as filed at the Uintah County Recorder's
Office, for a distance of 2657.62 ft from the Northwest Corner of Section 10 to the West 1/4 Corner of Section 10,
Township 5 South, Range 21 East, Salt Lake Base and Meridian.
Begin at a point which is on the West line of Section 10, said point is 583.43 ft N 0201'09" W along section line
from the Southwest Corner of Section 10 (point of beginning is also 2075.47 ft S 0201'09" E from the West 1/4
Corner of Section 10), Township 5 South, Range 21 East, Salt Lake Base and Meridian; thence along section line
N 0201'09" W 35.82 ft; thence N 2435'46" E 31.68 ft; thence S 6830'55" E 45.34 ft; thence S 2337'07" E
45.81 ft; thence S 2435'46" W 32.22 ft; thence N 6830'55" W 63.46 ft to the point of beginning.
Containing 0.099 acres, more or less.
The lease administrator has had this legal description reviewed by the GIS Group.
COUNTY: Uintah
ACRES: 0.099
FUND: School
PROPOSED ACTION:
The applicant proposes to construct, operate, and maintain a natural gas regulator station. In order to meet the
demands of the residential and commercial growth that has occurred in the past few years in the Vernal area, it has
become necessary to upgrade an existing facility, namely Vernal Regulatory Station #2, VN0002. The term of the special
use lease agreement will be 30 years.
This facility was initially constructed within an existing Questar easement corridor. The upgrades to the station
site will include the piping for a future pig launcher/receiver, a new dual tap assembly, a new regulator station, and a
9-foot by 12-foot building with bypass piping, and other necessary yard feeder line piping. The existing above-ground
facilities will be retired as well as some of the existing feeder line piping to accommodate the new upgrades. Upon
completion of the site upgrades, a new chain-link perimeter fence will be installed around the new facility. The regulator
station facility will be partially constructed within the existing corridor of Right of Way #1404 and Right of Way #1357.
The site will contain 0.099 acres and be located within the SWSW of Section 10, Township 5 South, Range 21 East,
SLB&M, Uintah County.
SPECIAL USE LEASE AGREEMENT NO. 1009 (AMENDMENT AND RESTATEMENT) (CONTINUED)
Beginning at the NW corner of Lot 10, Block 13, Hurricane Field Survey (HFS); and running thence North
000'23" W along the W lot line of lot 15, Block 13, HFS, 82.35 feet, to the south Right-of-way line of Highway
U-9, thence N 8952'01" E. along said Right of Way line, 331.13 feet to the E lot line of said lot 15; thence S.
000'43" E along the lot line, 83.89 feet to the northeast corner of lot 10, block 12; thence S . 000'53" along the
lot line, 198.18 feet; thence N. 8951'52" W. 331.16 feet to the west lot line of said lot 10 thence N. 000'23"
along said lot line 198.15 feet to the point of beginning.
In conducting the three-year lease review, the Agency's GIS Group determined that this legal description contained certain
typographical errors. During the same time, the lessee identified an adjacent small remnant parcel that would complement
the lease property. The amended and restated lease will contain the following updated and corrected legal description:
Beg. at the NW corner of Lot 10, Block 13, Hurricane Field Survey; and running thence N 000'23" W along the
West lot line of Lot 15, Block 13, Hurricane Field Survey, 82.35 ft. to the South r/w line of Hwy U-9, thence N
8952'01" E along said r/w line 331.13 ft. to the East lot line of said Lot 15; thence S 000'43" E along the lot line,
83.89 ft. to the NE corner of Lot 10, Block 13; thence S 000'53" E along the lot line 198.18 ft.; thence N
8951'52" W 331.16 ft. to the West lot line of said Lot 10, thence N 000'23" W along said lot line, 198.15 ft. to
POB. Containing 2.138 acres, more or less.
ALSO,
Beg. at the NW corner of Lot 10, Block 13, Hurricane Field Survey, thence N 0000'23" W along the West lot
line of Lot 15, Block 13, Hurricane Field Survey, 80.96 ft. to the South r/w line of Hwy U-9; thence N 8952'01"
E along said r/w line, 331.13 ft. to the True Point of Beginning; thence N 8952'01" E along the Hwy r/w line
41.87 ft.; thence S 000'21" E 282.26 ft.; thence N 8951'52" W 41.84 ft. to the East lot line of said Lot 10; thence
N 000'43" W along the lot line 282.07 ft. to the True Point of Beginning. Containing 0.271 acres, more or less.
The lease administrator has had this legal description reviewed by the GIS Group.
Acres: 2.409
County: Washington
Fund: School
This proposed acreage increase was exempted from advertising pursuant to R850-30-1000-1(e).
In addition to the increased acreage, the lessee requests that the lease amendment modify the purpose of the lease to allow
for an on-site residence to monitor the storage facility. The amended and restated lease will be on the Agency's most
current lease form and will identify Terry Hunt as the lessee of record. The amended and restated lease will also formally
adopt the phased-in schedule for the annual rental increase.
Although lease amendments are not specifically exempted from the narrative Record of Decision process, it has been
determined that this action does not warrant the time and expense necessary to complete a full narrative record.
Upon recommendation of Mr. Bryan Torgerson, the Director approved the issuance of Amended and Restated Special Use
Lease Agreement No. 1009.
2.
DUE DILIGENCE:
All due diligence has been completed in accordance with the lease.
3.
PROPER USE:
The leased premises are being used in accordance with the lease agreement.
4.
5.
6.
7.
NEXT REVIEW:
The next review date is October 1, 2012.
Upon recommendation of Mr. Bryan Torgerson, the Director approved the 3-year lease review for SULA 1009.
SALES
PRE SALE NO. 8364 (WITHDRAWAL OF APPLICATION)
The above-numbered sale application was submitted by Utah State Parks & Recreation, 1636 W. North Temple,
Salt Lake City, UT 84116. They have determined that they do not want to pursue a sale at this time and have requested it
be withdrawn and canceled. The Trust Lands Administration and State Parks have agreed to look at other options instead.
There were no fees paid or requested on this application. Kane County. School Fund.
Upon recommendation of Mr. Lou Brown, the Director approved the cancellation of PS 8364.
PREDESIGNATIONS
PREDESIGNATION NO. 744 (ISSUANCE OF CONDITIONAL DISCLAIMER OF INTEREST IN RIGHT OF
WAY)
Millard County, Millard County Courthouse, P.O. Box 854, Fillmore, Utah, 84631, has submitted documentation which
indicates that the following described roads meet the requirements set forth by the Trust Lands Administration Board of
Trustees in Board Policy 2006-01 to be conditionally recognized as valid existing rights pursuant to federal law prior to
the title of the property vesting in the State of Utah.
LEGAL DESCRIPTION:
The following descriptions are based upon the geographic coordinate system using the NAD83 Datum. The
source is GPS mapping grade data as indicated in the metadata and/or the transportation data model of the State
of Utah Geographic Information Database (SGID).
The road-segment itself is the monument that is identified by its physical presence on the land. The location of
said physical presence is closely approximated by mapping grade Global Positioning System (GPS) data. Said
data are checked against the corresponding gray-scale 1-meter Digital Orthophoto Quadrangles published by the
United States Geological Survey (USGS) to verify a reasonable degree of accuracy. In circumstances where
accurate satellite signal acquisition is not possible, such as deep, narrow canyons or under a canopy of dense
foliage, or where very sharp curves in the road make accuracy questionable, such portions of the road were
digitized from the corresponding gray-scale 1-meter Digital Orthophoto Quadrangles published by the United
States Geological Survey (USGS).
The following descriptions closely approximate the location of the centerline of the physical monument based on
mapping grade Global Positioning System (GPS) data as defined above.
Township 21 South, Range 7 West, SLB&M
Section 2: SESW, WSE, NESE, SENE (within)
Popular Name: 12-A Well Road
County Road Number: MC3445
State Geographic Information Database (SGID) Road Identification Number: RD141769.
A 100 foot wide corridor, being 50 feet on each side of the following described centerline:
ACRES: 918.74
A Conditional Disclaimer of Interest in Right of Way (PRED 744) will be issued to Millard County for the above
described lands.
Upon recommendation of Mr. Chris Fausett, the Director has conditionally recognized these valid existing rights and
collectively assigned them Predesignation Number 744.
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DEVELOPMENT
ACTIONS
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DEVELOPMENT EASEMENT NO. 1493 IVINS UTILITIES EASEMENT
THE FOLLOWING EASEMENT HAS BEEN EXECUTED:
EASEMENT NO.:
PROJECT:
PROJECT CODE:
PROJECT MANAGER:
COUNTY:
FUND:
TERM:
FEES:
1493
Ivins 120
IVINS 000 00
Aaron Langston
Washington
School
Perpetual
$25,575.29
GRANTEE:
IVINS CITY, A UTAH
MUNICIPAL CORPORATION
55 North Main
Ivins, UT 84738
DESCRIPTION OF TRANSACTION:
The Trust Lands Administration (the "Trust") granted a one hundred-foot (100') wide temporary construction
easement and a fifty-foot (50') perpetual permanent easement (the "Utility Easement") to IVINS CITY (the "City") for the
construction, operation, repair, and maintenance of a storm drain pipe, an irrigation system, and a conduit for the irrigation
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ACTIONS
CONTAINING
FEE
WAIVERS
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SPECIAL USE LEASE AGREEMENT NO. 1364 (AMENDMENT NO. 1)
Special Use Lease Agreement No. 1364, to Uintah County Commission, County Building, 152 East 100 North,
Vernal, Utah 84078, was approved on July 3, 2002. The Agency's GIS Group has discovered typographical errors in the
legal description as shown on the lease agreement. The correct legal description is:
Township 4 South, Range 21 East, SLB&M
Sec. 30: Within the SNENE
Beginning at the Southeast Corner of the SNESE of Section 30, T4S, R21E, SLB&M; thence S 8738'26" W
along the South Line of the said SNESE 651.37 feet; thence N 0227'22" W parallel to the East Line of the
SE of said section 150.00 feet; thence S 8738'26" W parallel to the said South Line of the SNESE 255.90
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TRUST
ACCOUNTING
ACTIONS
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CANCELED MINERAL LEASES
The following mineral leases were not paid on or before the cancellation date of 9/11/2009. Certified notices were
mailed.
LEASE #
LESSEE NAME
BENE
COUNTY
TYPE
ML 49948
ML 50939
ML 50949
ML 50494-A
ML 50950
ML 50951
ML 51342
SCH
SCH
SCH
SCH
SCH
SCH
SCH
SANJ
GRND
GRND
GRND
GRND
GRND
DUCH
MM
MM
MM
MM
MM
MM
MM
Upon recommendation of Mr. Gritzmacher, Budget Manager, the Director approved the cancellation of the above-listed
mineral leases for non-payment.
LESSEE NAME
BENE
COUNTY
TYPE
ROE 5365
SCH
WASH
ROE
Upon recommendation of Mr. Gritzmacher, Budget Manager, the Director approved the cancellation of the above-listed
right of entry permit for non-payment.
INTEREST RATES
Following are the current and past year prime rates:
CURRENT YEAR:
ONE YEAR AGO:
3.25%
5.00%