Exhibit 10.47
IN REPLY REFER TO
2800 (063)
[SEAL] CA-13510
(C-065.21)
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
California Desert District
1695 Spruce Street
Riverside, California 92507
DECISION APR12, 1984
RIGHT-OF-WAY GRANTED
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Details of Grant
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Serial Number : CA-13510 Date Granted: Date of this
Decision
Holder : California Energy Company, Inc. Date Filed: 1/18/83
3333 Mendocino Avenue, Suite 100
Santa Rosa, CA 95401
Project Description : Map, entitled Exhibit A, showing the Date of
location and descriptions of the grant Termination: 30 years from
is attached hereto and made a part hereof. the date of this
Decision
Land Description : T. 21 S., R. 38 E., MDM., Section 32 & 31 Portions of
T. 22 S., R. 37 E., MDM., Section 1 Portions of
Permitted Use by Holder : Construction, operation and maintenance of an above
ground distribution line and a 20-acre field office
site.
Authority for Grant : Title V of the Act of October 21, 1976 (90 Stat.
2776; 43 U.S.C. 1761).
Regulations Applicable : Section 2801 through 2806.2, Title 43, Code of
Federal Regulations.
Rental : $25.00 estimated rental for first five years,
subject to adjustment by formal appraisal.
TERMS AND CONDITIONS OF GRANT
Pursuant to the authority vested in the undersigned by Bureau Order Number 701
of the Director, Bureau of Land Management, as amended February 19, 1982, (47
F.R. 7505), a right-of-way, the details of which are shown above, is hereby
granted, subject to the following numbered terms and conditions:
1, 2, 3, 4, 5, 6, 8 & 12
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TERMS AND CONDITIONS OF GRANT
1. All valid rights existing on the date of this grant.
2. There is hereby reserved to the Secretary of the Interior, or his lawful
delegate, the right to grant additional rights-of-way or permits for compatible
uses on, over, under or adjacent to the land involved in this grant.
3. The holder shall comply with the applicable Federal and State laws and
regulations concerning the use of pesticides (i.e., insecticides, herbicides,
fungicides, rodenticides, and other similar substances) in all activities and
operations under this grant. The holder shall obtain from the Authorized Officer
approval of a written plan prior to the use of such substances. The plan must
provide the type and quantity of material to be used; the pest, insect, fungus,
etc. to be controlled; the method of application; the location for storage and
disposal of containers; and other information that the Authorized Officer may
require. The plan should be submitted no later than December 1 of any calendar
year that covers the proposed activities for the next fiscal year (i.e.,
December 1, 1982 deadline for a fiscal year 1983 action). Emergency use of
pesticides may occur. The use of substances on or near the right-of-way shall
be in accordance with the approved plan. A pesticide shall not be used if the
Secretary of the Interior has prohibited its use. A pesticide shall be used
only in accordance with its registered uses and within other limitations if the
Secretary has imposed limitations. Pesticides shall not be permanently stored
on public lands authorized for use under this grant.
4. The holder agrees not to exclude any person from participating in
employment or procurement activity connected with this grant on the grounds of
race, creed, color, national origin, or sex. To ensure against such exclusions,
the holder further agrees to develop and submit to the proper reviewing official
specific goals and timetables with respect to minority and female participation
in employment and procurement activity connected with this grant. The holder
will take affirmative action to utilize business enterprises owned and
controlled by minorities and women in its procurement practices connected with
this grant. Affirmative action will be taken by the holder to assure all
minorities or women applicants full consideration of all employment
opportunities connected with this grant. The holder also agrees to post in
conspicuous places on its premises which are available to contractors,
subcontractors, purchasers, and labor unions or representatives of workers with
whom it has collective bargaining agreements, of the holder's equal opportunity
obligations.
5. The holder agrees not to exclude any person from participating in
employment or procurement activity connected with this grant on the grounds of
race, creed, color, national origin, or sex. To ensure against such exclusions,
the holder further agrees to develop and submit to the proper reviewing official
specific goals and timetables with respect to minority and female participation
in employment and procurement activity connected with this grant. The holder
also agrees to post in conspicuous places on its premises which are available to
contractors, purchasers, and labor unions or representatives of workers with
whom it has collective bargaining agreements, of the holder's equal opportunity
obligations.
6. This grant is subject to review at the end of 20 years from the date of
this decision and at regular intervals thereafter, not to exceed 10 years.
7. This grant may be renewed so long as it is still being used for the
purposes of this grant and is operated and maintained in accordance with all
provisions of this grant and pursuant to the regulations under which it is
granted.
8. All facilities must be non-reflective and colored to blend with the
surrounding environment.
9. The holder agrees that the right-of-way will be subject to the regulations
contained in 43 CFR 2805.1(c) (wneeling stipulations).
10. The right-of-way herein granted is subject to the express covenant that it
will be modified, adapted, or discontinued if found by the Secretary of the
Interior to be necessary, without liability or expense to the United States, so
as not to conflict with the use and occupancy of the land for any authorized
works which may be hereafter constructed thereon under the authority of the
United States.
11. The holder agrees to the stipulations contained in Appendix , attached
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hereto and made a part hereof.
12. A qualified archaeologist will be present at the time the transmission line
is staked.
By acceptance hereof, the holder agrees that the right-of-way is subject to the
applicable regulations contained in 43 CFR 2800 and to the terms and conditions
of this grant.
/s/ William R. Tipton /s/ HW Rierben
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Holder Acting District Manager
Vice President and General Manager
California Energy, Co., Inc. APR 12 1984
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Holder
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Holder
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United States Department of the Interior IN REPLY REFER TO:
2800(C-065.21)
BUREAU OF LAND MANAGEMENT CA 13510
Ridgecrest Resource Area
112 East Dolphin Street
Ridgecrest, California 93555
CERTIFIED MAIL # MAY 23 1986
RETURN RECEIPT REQUESTED
DECISION
California Energy Company : Right-of-Way
333 Mendocino Avenue :
Santa Rosa, California 95401 : CA 13510
Amendment to Right-of-Way Offered
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On April 12, 1984, right-of-way CA 13510 was issued to California Energy Company
(Cal Energy) for a 115KV electric transmission line and a 20 acre site for a
combined field office and a Southern California Edison (SCE) substation. These
facilities, which are to transmit electric power from the Coso geothermal field,
have not been installed yet.
On March 27, 1986, and April 14, 1986, Cal Energy filed and modified an
application to amend right-of-way CA 13510. The right-of-way, as amended, will
include:
(1) a Los Angeles Department of Water and Power (LADWP) substation and tie-in
to an existing LADWP 230KV line;
(2) an upgrade to 230KV of the segment of the 115KV line authorized in CA 13510
between the Navy boundary and the new LADWP substation: the portion of this line
in section 31, T.213., __.38__., MDM. will be moved farther north;
(3) a temporary 115KV line from the area of the LADWP substation to a temporary
SCE substation: this temporary portion of the right-of-way will expire on
December 31, 1987; and
(4) a Cal Energy field office site containing an office building, pipe yard,
warehouse/shop, water well and parking areas. The amended right-of-way will also
include a 4,875 foot segment of the proposed electric line in section 33,
T.21_., R.38E., MDM, which was erroneously omitted when the right-of-way was
issued.
The overall dimensions of the right-of-way once amended, will be:
Temporary SCE facilities = 14.42 acres
Substation = 4.0 acres
Transmission line - 1.72 miles x 50' wide = 10.42 acres
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Permanent Cal Energy/LADWP facilities = 58.51 acres
Substation = 9.64 acres
Field office site = 10.0 acres
Transmission lines - 2.92 miles x 110' wide = 38.87 acres
This office is prepared to issue the amendment to right-of-way CA 13510, as
shown on Exhibit "A", attached, and subject to the terms and conditions of the
original grant and the additional terms and conditions in Exhibit "B", also
attached. Please show your concurrence to this amendment by signing both the
original and the duplicate of this Decision and returning both to this office.
A reappraisal of the amended right-of-way will determine a new rental. Any
additional rental that is due as the result of the reappraisal shall be paid
upon request.
Upon receipt of the signed documents, the amendment will be executed by the
authorized officer and the original returned to the grantee.
The applicant is hereby allowed 30 days from receipt of this decision to accept,
sign and return the amendment or appeal. If the offer is neither properly
accepted and returned nor appealed within the time allowed, the application will
be rejected.
If the applicant is adversely affected by this action, there is a right of
appeal to the Board of Land Appeals, Office of the Secretary, in accordance with
the regulations in 43 CFR, Part 4, Subpart E. If an appeal of this decision is
taken the notice of appeal must be filed in this office (not with the board)
within 30 days of receipt of the decision so that the casefile can be sent to
the Board. A copy of the notice of appeal and of any statement of reasons,
written arguments, or briefs must be served upon any adverse parties, and in
addition, to the Regional Solicitor, Pacific Southwest Region, U.S. Department
of the Interior, 2800 Cottage Way, Room _-2753, Sacramento, California 95825,
within 15 days of the filing of any specified document. If the procedures set
forth in the regulations are not followed, an appeal is subject to dismissal.
Form 1842-1 is enclosed for additional information.
/s/ signature illegible /s/ Patricia E. McLean
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California Energy Company Patricia E. McLean
Area Manager
5/23/86 Ridgecrest Resource Area
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Date
Enclosures (4)
Duplicate of Decision
Exhibit A
Exhibit B
Form 1842-1
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EXHIBIT "B"
1. No surface disturbance, except as described in number 2 below, may begin
within archaeological sites Iny-2765, Iny-2766, AE-1 or AE-2 until the review
process required by Section 106 of the National Historic Preservation Act has
been completed. The authorizing Officer will issue a Notice to Proceed when the
106 review has been completed. The Bureau is recommending that a sample of
artifacts from sites temporarily designated as AE-1 or AE-2 be collected and
analyzed to evaluate the sites' eligibility to the National Register of Historic
Places. The disposition of sites Iny-2765 and Iny-2766 will be affected by
future recommendations from Cal Energy's archaeological consultants. The Bureau
has been advised that the consultants are in the process of developing a
mitigative plan for these sites.
2. Cal Energy will be allowed to drill five holes within the boundaries of
archaeological site AE-1 for purposes of geotechnical analysis, and will be
allowed to drive a vehicle to the drill sites. The State Office of Historic
Preservation has given the Bureau verbal approval to authorize this activity
under the following conditions: (1) that a permitted archaeologist who is
familiar with the distribution of artifacts within the site, i.e., Cal Energy's
archaeological consultant who documented the site, accompany the vehicle, guide
the driver to the drill sites and judiciously locate drill sites away from
artifacts; (2) that the same archaeologist examine the soil from the drill holes
for presence or absence of artifacts.
3. In the Cal Energy field office site, the buildings will be located to
screen the pipe yard, parking and other ancillary areas from the view of
motorists on Highway 395.
4. Holder will limit clearing of the field office site to those areas needed
for buildings, parking areas, the pipe yard and access ways. All cleared areas
not built upon will be sealed to prevent dust generation. The field office site
shall be maintained in a relatively neat condition.
5. The design of the SCE substation will be coordinated with BLM to minimize
surface disturbance.
6. All facilities included in the temporary phase of this grant shall be
removed and the areas rehabilitated to the satisfaction of BLM by December 31,
1987.
7. All electrical lines will be designed to prevent raptor electrocution.
8. Holder or his contractors will install transmission towers through the use
of short spur rods off established roads rather than building a road along the
center line of
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the transmission line. Any new spur roads will be rehabilitated after tower
installation.
9. The additional 60 foot high width of the 230KV line is for safety purposes
only and shall not be used for construction or facilities.
10. If facilities authorized for construction under this right-of-way grant use
Polychorinated biphenyls (PCB's) such use shall be in a totally enclosed manner
in accordance with provisions of the Toxic Substances Control Act of 1976 as
amended (see 40 CFR Part 761). Additionally, any release of PCBs (leaks,
spills, etc.) 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, section 102_. A copy of any report required or
requested by any Federal agency or State government as a result of a reportable
release or spill of any hazardous material shall be furnished to the authorized
officer within 5 working days of the occurrence of the spill or release.
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