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HomeMy WebLinkAbout908747 ~OBM 2800-14 (August 1 ?85) ;:~ 1. RECEfVE~ 5/27/2005 at 10:09 AM ' RECE!VING # 908747 BOOK: 51~6 pAGE: 388 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY UNITED STATES DEPARTMENT OF THE INTERIOR BUREAp O1~ LAND MANAGEMENT RIGHT-OF-WAY GRANT SERIAL NUMBER WYW-162048 00388 1 Issuing Office A right-of;way is--~e-reby grani~l pursuant {~ -~e~t~c-~ ~-8-~oi ~e-'~i~-~i:Le~g--~ o~ b20, ~t~"ar~-n~ed (33 U.S.C. 185). 2. Nature of Interest: a. By this instrument, the holder: Mountain Gas Resources, Inc. 1900 18~ Street, Suite 1200 Denver, CO 80202-1955 receives a right to construct, operate, maintain, and terminate a 6" pipeline from the Cow Hollow 50-24 to the 20-24, on Federal lands described as follows: Sixth Principal Meridian, Lincoln County, Wyoming T. 22 N., R. 112 W., Section 24: E¥gNE¼, NW¼SE¼. bo The right-of-way area granted herein is 50 feet wide, 2062 feet long and contains 2.37 acres, more or less. This instrument shall terminate on December 31; 2034, unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable ~'edera law or regulation.' .,., This instrument may be renewed. If renewed, the right-of-way shall be subject to the regulations existing a'; the time of renewal and any other terms and conditions that the authorized officer deems necessary to pro~ect the public interest. Rental: Notwithstanding the expiratio~ of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable and feasible, in accordance with comparable commercial practices. Terms a. ho 00389 and Conditions: This grant is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2880. Upon grant termination by the authorized officer, all improvements shall be removed from the Federal lands within 90 days, or otherwise disposed of as provided in paragraph (4)(c) or as directed by the authorized officer. The stipulations, plans, maps, or designs set forth in Exhibit A and B, dated, April 29, 2005, attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. Failure of the holder to comply with applicable law or any provision of this right-of-way grant shall constitute grounds for suspension or termination thereof. The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. 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, Aprl 29, 2005. 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. Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by the holder, or any person working on his behalf, on public or Federal land shall be immediately reported to the 'authorized officer. Holder shall suspend all operations in the immediate area of such discovery until written authorization to proceed is issued by the authorized officer. An evaluation of the discovery will be made by the authorized officer to determine appropriate actions to prevent the loss of significant cultural or scientific values. The holder will be responsible for the cost of evaluation and any decision as to proper mitigation measures will be made by the authorized officer after consulting with the holder. The Holder shall be responsible for total control of all invasive/noxious weed species on any and all disturbed sites. The Holder is responsible for consultation with the Authorized Officer and/or local authorities for acceptable weed control methods, and shall comply with the following: 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. 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 Field Qffice each year. This includes the following: 00330 Brand or Product name EPA registratiOn numbe,,' ~,~ ~7 ~b~ Total amount applied ',use rate #A.I./acre) Date of application Location of applica*.!an Size of area treated Method of treatment (air/grcund) Name of applicator Certification number Amount of surfactants or dyes used in spraying operation The record information must b9 recorded no lat-9: than 14 days following the pesticide applicatioln and must be maintained for ten. yea:s. No surface disturbing acti~4tias shall take place on the subject right-of-way untii the associated APD is approved. The holder will adhere to special stipulations in the Surface Use Program of the approved APD, relevant to any right-of-way facilities. Use of pesticides shall comply with the applicable Federal and state laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, the holder shall obtain from the authorized officer written approval of a plan showing the type and quantity of material to be used, pest(s) to be controlled, method of application, location of storage and disposal of containers, and any other information deemed necessary by the authorized officer. Emergency use of pesticides shall be approved in writing by the authorized officer prior to such use. No construction or routine maintenance activities shall be performed during periods when the soil is too wet to adequately support construction equipment. If such equipment creates ruts in excess of four inches deep, the soil shall be deemed too wet to adequately support construction equipment. Frozen soil or soil mixed with snow will not be used in construction. Construction activity and surface disturbance occurring during the period from April 10 to July 10 will require surveys of nesting/brooding habitat for the protection of Mountain Plover Nests. Two week notification is required prior to any construction activity or ground disturbance in suitable nesting habitat. The BLM wildlife biologist, or a qualified contract biologist, will perform surveys in suitable habitat according to USFWS Draft Survey Guidelines (May, 1998) for mountain plovers. Contract biologists must submit a written report of areas surveyed to BLM prior to construction. The holder shall seed all disturbed areas, using an agreed upon method suitable for the location. See~ing shall be repeated if a satisfactory stand is not obtained as determined by the authorizing officer upon`' evaluation after the growing season. All permanent above ground structures at the, 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 Carlsbad Canyon 2.5 6/2, or be an acceptable substitute pre-approved by the local manager. Standard environmental color charts are available from the local BLM Office. The holder shall seed all disturbed areas, using an agreed upon method suitable for the location. Seeding shall be repeated if a satisfactory stand is not obtained as determined by the authorizing officer upon evaluation after the growing season. 00391 4 Ninety days prior to termination of the right-of-way, the holder shall contact ihe authorized officer to arrange a joint inspection of the right-of-way. This inspection will be held to agree to an acceptable termination (and rehabilitation) plan. This plan shall include, but is not limited to, removal of facilities, drainage structures, or surface material, recontouring, topsoiling, or seeding. The authorized officer must approve the plan in writing prior to the holder's commencement of any termination activities. IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant: ' '(~;ignatur~oldeO (Title) (~ate~ 'g rized Officer ) ACTING FIELD MANAGER (Title) ~A,Y o~ ~ (Effective Date of Grant) FORM 299 ProFcsed Cow k',ollow #58-2~t Well Connect Page ',_: Section 7 gAS GATHFRING LiNF APPLi. CA~ON Exhibit A WYW- 162048 April 29, 2005 A) S) E) F) G) H) One ~uded 5 i~'ct. ne:rural gas olpei!pe, ~:p~.x: .,ately 2,062 feet in length, 2, C62 feet on Federal :ands; tc con.~ect the prgl:osed: Cow :-~o;low #5~'-24 wei: that :s near the center of Se~.~,en 24, T22N, Lincoln Counb/, Wyem~ng; to the existin~ Cow b:ollow ~23-24 gipe%e in the NEW Sect;c: 2~., T22N, ~]alve~ and appu~enances to-~ '- ' ~ . .,n;. o., Icw, ~ete~' runs as The Length of term fer the ROW ~S requested fcra Feriod of thirty (30) years 'with options to renew for,as icng as there are marketable quant:ties of gas available Yeararound. Up to 3,500 MCFD of natural gas and associated liquids from each well. Planned construction of the pipeline will begin upon receipt of ROW Grant, (5) five working days to complete construction. No temporary work areas needed. I PLA'N OF DEVELOPMENT TO ACCOMPANY Cow Hollow #50-24 Well Connect GAS GATHERING LZNE APPLICATION .0O393 II. III. ,, PROJECT DESCRIPTION The buried 6 inch steel pipeline will bead in a Northerly direction from the proposed Cow Hollow #50-24 well, located near the Center of Section 24, T22N, R112W, going to the existing Co~v'Hollow #2~)-24 pipeline in th~ NE1/4 of Section 24, T22N, R112W, Lincoln County; Wyoming. The total length of the ROW is aPproximately 2,062 feet, of which 2,062 feet are on Federal lands. A 50 foot wide corridor is requested for construction, operational and maintenance purposes, containing +2.367 acres. The pipeline will consist of a 6 inch pipe, O.156 inch wall thickness, Grade X-42 pipe with a maximum operating pressure of approximately 1200 psig. The average operating temperature of the pipeline is between 50 °F and 60 °F. Associated Cacilities include valving and metering. All permanent above ground facilities, piping, and valving will be a fiat, non-contrasting color harmonious with the surrounding landscape. Present warehouse stock colors comprise of either Carlsbad Canyon (2.5Y 6/2)or Desert Brown (10 YR 6/3). RECONNAISSANCE AND LOCATION Reconnaissance reveals that the route selected was the most practical route in relation to the well location and the nearest collector pipeline. No other alternatives were considered because the proposed route utilizes existing surface scars as much as possible. ' ANCILLARY RIGHTS OF WAY AND PERMITS MGR will secure all rights of way on adjacent non-federal lands prior to pipeline construction. MGR will notify authorized ROW users of MGR's proposed pipeline crossings or overlaps on the grounds occupied by the affected ROW users. Any associated road and utility permits will be secured from the appropriate regulatory agency prior to construction. All equipment and vehicular access into the pipeline project will be confined to existing road¢ and th~ established ROW corridor. No major reconstruction or rerouting of these roads is intended. IV. The design, construction, engineering, maintenance and inspection of the proposed pipeline wi!! be directed by NGR personnel. 00394 CONSTRU~CN All design, material, and £onstruct~on: operation, maintenance, and termination p~actices sh~ll be in accordance with safe and prcve,n engineering practices. All equipment and vehicular access into the pipeline project will be confined to ~x!st!ng roads end the established ROW corridor. Nc major reconstruction or rerouting e: ':hose re.ads is ~ntended. Construction sites shall be maintained !n a sanitary condition at all times; waste materials at those sites shal', be d~sposed of premptl,/ at an appropriate waste disposal site. "Waste" means all d:scarded matter including human waste, trash, garbage, refuse, o:1 drums, pet.-oleum products, ashes and equipment. A litter policing program shal; be :mp;emented by the holder, and approved of in writing by the authorized officer, which coVers all roads and sites associated with the ROW. Pip~line construction will commence when all permits and ROW documents have been secured. MGR will notify, the autiaorized officer 5 day~ in advance of starting any construction activities. All private surface landowners will be contacted prior to construction for access and surface usage. MGR will not allow any construction or routine maintenance activities during periods when soil is too wet to adequately support construction equipment. If such equipment creates surface ruts in excess of 4 inches deep, MGR will deem that soil conditions are too wet to adequately support construction equipment. Construction activities will not be allowed until soil conditions improve. Winter construction will not proceed/continue if the frost is deeper than one-foot. Frost less than one-foot deep will be stockpiled as topsoil. The BLIVi will be contacted prior to construction in winter cbnditions. Constructidn of 'l~he proposed pipeline wi;I occur '.n a ?lanned sequence of pipeline operations along the route. -The construction period will commence as follows: (5) five working days cont!ngent upon weather'conditienS. i All construction materials will be hau',ed to the :ob by truck, as needed, 'and strung along the ROW as it -' ar, ives,. Pipe will'be strung in such a manner as to cause the least interference with the normal use o," the land crosSed by the ROW. A motor grader with a blade will be used to knock down vegetation, such as sage brush within as m, uch of the permanent ROW as is needed to provide a safe working area. A minimum of the top six inches of soil, more or less if the BLM deems necessary, will be stock piled on the side of the ROW and spread back over the area from which it was taken, after the final grading. Spoil and topsoil would be windrowed separated along the nonworking side of the trench. (If approved in writinq by the authorized officer MGR will use a brush hoq to cut down veqetation, such.as sage brush within as much of the ROW as is needed, no topsoil will be bladed to the side of the hOW.' Except in cases where veqetation is too dense to be removed or in the interest of providing a safe workinq area.) A wheel trencher will be used to dig, a trench to an average depth of 48 inches, stacking the dirt beside the ditch. After the pipe is placed in th~ ditch a motor grader or caterpillar will be used to push the dirt back into the trench. The fill on the trench will then be tamped into place with the grader wheels,, leaving a berm of four inches to accommodate settling. Distur~bance of the top soil within the ROW will be kept to a minimum. In areas of excessively steep hillsides or to provide a smooth approach to'a cut or gully, as well as at stream, bank crossings and at established work stations, some blading may be required to provide a safe and suitable working area for the equipment and workers. When this occurs the top six inches of soil will be stock piled on the side of the ROW and spread back over the area from which it was taken, after the final grading. Before seeding any disturbed areas (if applicable), the ROW will be restored to its original form, slope, contour, and soil density to the extent practicable. The construction force is expected to number approximately six to eight persons at the peak of construction. No temporary work camps are proposed. The.following is. a list of construction equipment proposed on the pipeline project: a. I Welding Truck b. 1 Tractor Trailer c. 1 Two Ton Truck' d. 4 Pickup Trucks e. 1 Seed Driller and Tractor (if applicable) f. 1 Backhoe g. 1 Trackhoe h. 1 Side Boom caterpillar i. 1 Trencher After pipeline construction is completed, pipeline markers will be installed at specified intervals for identifying the pipe's location. No toxic substances are proposed for use in connection with the construction project; however if toxic substances are required, usage shall conform with provisions of the Toxic Substances Control Act of 1976, as amended (40 CFR Part 702-799). Any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity as established by40 CFR Part 117.3 shall be reported as required 0039,5 V by the Comprehensive 5nvlronmenta: Response, Compensation, and Liability Act, Section 102 B. A copy o: any requeste~m-'_~ort required by any Federal or State agency of a reportable release or sPi-~l of e-.y hazardous ~ ~ ' '. · ma ~er.a. s, ,all be furnished to the authorized o~cer with'.n $ work~ng da'/s e~' the occcrrence cf the sa:ri or release. The' ho;der(s) shall ccmRly w~th al, ~pplicab:e Federal ~aWs and regulations existing or herea~er eF, acte~ or .~rom.ulgated. :n e.qy event, the ho:der(s) .~hall comply with the Toxic Substances Control Act of ~976, _~s ~mended (!5 U.S.C. 260Z, et sea~.) with re_~arc~ to any toxic substances tha~ a.~e used, generated bv cr stored oq the ROW or e: fac.;~t~.s author!zed under this RgW grant.~See <.0 CFR: ~a~ 702-799 and Add:tie~a'y. any ,e!ease of tox!: s:~bstances (;eaks, sp!!is, et:.) ~n excess of the rePortab;e Guantit3' establ]she~ by 40 CFR, Part._ .t:7 shall be reported as required by _~v .... :..~r.al ,,q, esponse, Compensation and Liabil!~ Act of .... ~ ~n'f .ea,rt required or :'eciuested by anv Federai a. genc7 or State govemme.qt as a result ]fa -epcaable release or sp!', of any toxic SLJ~'~;'~'~'~C sha:] "e ~:~"',~o:~ to the ~,-h~?=.~ officer concurrent with the filina of the re, pc.~s tc the :nvoivec; Federal agency or 2tare government. IiabiJi.? aris~n~c 'from the re!ease of any hazardous substance or hazardous waste (as these terms are defined in the Ccmprehensive Environmental Response, Compensation and Liability Act of :980, 42 U.S.C. 9601, et .seq. or the Resource Conservation and Recovery Act of :L~76, 4-2 U.S.C.69Cl et seq.) on the ROW (unless the release or threatened release is wholly.unrelated to the ROW holder's activity on the ROW. This agreement applied without regard to whether a release is caused by the hOlder, ~its ,agent, or unrelated third parties. Western Gas.Resources, Inc. will ncJt conduct hydrostatic testing on the pipeline, it's Western Gas Resources, Inc. and its subsidiaries policy not to conduct hydrostatic testing on pipelines less than 26,400 feet in length therefore no water will not be used to test th~s pipeline. , IV OPERATION AND rvIAINTENANCF The pipeline will be routinely patrolled and inspected by foot orby vehicle to check for problems such' as erosion, ROW :ondition, unaUthorized encroachment on the ROW and any other situations that coUld cause a safety hazard or require preventive maintenance. If damage slia!l o~cu: to the p!pe from external sources, repair or replacement of the Do:-tion of ,, .e pipeline ma~ be necessary. Detailed ilne break and emergency' pr.:cec:L~re.¢ are used a§..tout~ne;~Ferat,,orial procedures of. MGR. The holder si?all condu, ct all activities associated with the c~nstruction, operaticn, and termination of the ROW within the author]zed limits of tke ROW., VI 0039G VII STABILIZATION AND ABANDONMENT "' ., :, ,*Jl._ . ' .'~ ,,. , . , Follp. wing the completion of the pipeline, the ROW traversed by' the pipeline construction will be restored in accordance with the landowner's requirement, or those agencies having jurisdiction. All disturbed areas will be re-contoured so that the disturbed area blends into the surrounding terrain. Appropriate measures will be take, n to prevent erosion through the use of construction diversion terraces, rip-rap, matting, and water bars. : AI~ disturbed areas along the pipeline corridor will be reseeded to the landowner's or' regulatory agency's specifications. Seed will be planted using a drill and in areas not suitable for drilling, the seed will be broadcasted and raked or chained to cover the seed. Th~ application rate and seed mixture will comply to the landowner's or regulatory agency's specifications. 0039'7 Upland Sites Seed Mix Species Variety Western wheatgrass Thickspike wheatgrass Indian Ricegrass Shadscale saltbush Globemallow Total Salin Lowlands SeedMix Species Drill Seedinq Rate Rosanna 6 lbs/acre PLS Critana 6 lbs/acre PLS Nezpar 3 lbs/acre PLS Western wheatgrass Bottlebrush squirreltail Gardner saltbush Indian ricegrass Variety Total Wet Meadow/Harsh Seed Nix Species Alkali sacaton Nebraska sedge Tufted hairgrass Alkali grass Rosanna Total ' Variety 3 lbs/acre PLS 0.5 lbs/acre PLS 18.5 lbs/acre Drill Seedinq Rate 6 lbs/acre PLS 3 lbs/acre PLS 2 lbs/acre PLS 4 lbs/acre PLS 15 lbs/acre Drill Seeding Rate 3 lbs/acre PLS I lbs/acre PLS 2 lbs/acre PLS co 4 lbs/acre PLS ~':z~ h~.',. . 10 lbs/acre .I Pur~ Live Seed (PLS) formula: % of puri.~' of seed mixture times %'germination of seed mixture= portion of seed mixture that is PLS. If ~)~sticides are ?equired, HGR Will ¢orriF~ly with all applicable Federal.and State laws: Pesticides will be used in accordance with registered uses and within lirrfitations imposed by the Secretary of.'..nter!or. :3dfere using aest~cides, (including emergency situations, HGR will obtain from the authorized o..m.'cer a written approval of a plan showing the type and quantity'of material used, pest(s) to be controlled, method of application, location of storage, disposal of containers, and any other information deemed necessary. MGR will be respOnsible for weed control on the disturbed areas within the established limits of the ROW. NGR w;l: coordinate with the authorized officer or local authorities, to obtain acceptabi6 weed contro! methods f¢: the disturbed areas within the ROW limits. MGR will obtain any necessary author:zation to abandon the facilities Crom the appropriate regulatory, agency. The pipeline w!il be capped and abandon in place, aboveground pipeline facilities wil', be r6rT, cved and a;; Lmsalvageable materials will disposed of at authorized sites. Regrading and revegetation of disturbed land areas (if applicable) will be completed as necessaw. 0 0 3 9., 8 Cow Hollow #50~24 _...-.----:~.~J "~,~ ~l',-! .......... /'\ ~,, t ~'. \ .. /' / ~:"~,, Exhb~ B ¢' ,:?z:--: t. i ,' '":', April 29,2005 '" .... ~ ~' ...... o 2ooo~ , o~ ~i ~" - ...... '~, ,..-~ / ', Il NO. 81' /' ' , .... No./u~ ~' / '. : I _ ~% ~) [ " ./ ',-' ?, '~ ', ~ ~ I , l'~--,r- ', .... ' ~ ,~v ~'~'~'L ...... :- .._c ..... C ....... L-,~_'-_ , ,~,.L_~, --; .... ~ ........ '~' v'- // i } CO OLL ~.,, ,- .,~ ~ - ..u '.?.~. ~~~/~,. ·, ' ~ 0,/<,' ~--~ I~,~-:':"-.. ' ,,o,~ /'~ '6, ~ '~ ...... ~ .... ~ ' , '~ ~,/ ;.~~' ~ ~. '~'X/ ~ ' ' ~ '~, ~ . ~m ~/' ~...;-.,: ....... ~ COW HOLLOW ~ / ~ co~ ~0~ -'. ' , . -'.Y ~, ~% ;~ ..~ / .' ,'~ ~ ~' "'~ ~ / )" "~'~'"'~" -: . / ~ ~ ' ," ~ 'd -' k '7 ' ~ ~ " ~,.'" .." , 30~ ~ ~ .~ ./ z',"~ ~F~ ~:~-,v~'' ~~):~" ~i~'~ "' ' ~- ~s_~, -" k .. MO~~ G~ ~SO~CES, ~C. ~4~4 ELK ST., SUITE 202 SOALE: ~" = 2000' TOTAL PROPOSED LENGTH: 2,062.2'~ ~o~sPm~S, ~sz~o~ _ ~os~o. ~ emsn~o~v ~ TOPO MAP (~o~) ..... DATE: ~/~9/04 PROPOSED PIPELINE ........ B q