HomeMy WebLinkAbout875807 FORM 2800-14 · '-t~'J~,~,Jl ,', t;'"~..' .,:' ', Issuing Office
DEPARTME~ ~'~;~HE' NTER aR
B gREAU O~ ~A~.
'SERIAL NUMgER WYW-151126
1. A right-of-way is hereby granted purs?ant to Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C.
185).
2. Nature of Interest:
a. By this instrument, the holder:i
Mountain Gas Resources,
12200 North Pecos Street
Denver, CO 80234-3439
receives a right to construct, dioerate, maintain, and terminate a(n) R/W for a 6" gas pipeline frorr the
Ballerina 10-10 well, on Fede.¢al lands described as follows:
6th Principle Meridian, Lincoln;County, Wyoming
T. 21N., R. 113W.,
section 4: SE~.4SE!/~
b. The right-of-way area granted herein is 50' feet wide, 1450' feet long and contains 1.66 acres, more or less.
"' c. This instrument shall termina:te on December 31, 2030, unless, prior thereto, it is relinquished, abandoned,
terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal
law or regulation.
, d. This instrument may be rene',~ed. If renewed, the right-of-way shall be subject to the regulations existing at
the time of renewal and any other terms and conditions that the authorized officer deems necessary to
protect the public interest.
e. Notwithstanding the expiration 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.
3. Rental:
For and in consideration of the rights granted, the holder agrees, to pay the Bureau of Land Management fair
market value rental as determ ned 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
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sound business management: principles, and so far as practicable and feasible, in accordance with
comparable cornmercial practices.
4. Terms and Conditions:
a. This grant is issued subject t~;!the holder's compliance with all applicable regulations contained in Title 43
Code of Federal Regulations.i::'!art 2880.
b. Upon grant termination by th(O' authorized officer, all improvements shall be removed from the Federal lands
within 90' days, or otherwise d~:.i.sposed of as provided in paragraph (4)(c) or as directed by the authorized
officer.
c. The stipulations, plans, mapsi"or designs set forth in Exhibit A & B, dated August 15, 2001, 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 entiret'~.
d. Failure of the holder to compl!i( with applicable law or any provision of this right-of-way grant shall constitute
grounds for suspension or ter?~nination thereof.
e. The holder shall perform all 0~:,erations in a good and workmanlike manner so as to ensure protection of the
environment and the health a~"~d safety of the public.
f. 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 August 15, 2001. 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 tine above will be grounds for immediate temporary suspension of activities if it
constitutes a threat to public health and safety or the environment.
g. 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
a~uthorized officer. Holder shall suspend all operations in the immediate area of such discovery until written
authm'ization 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.
h. The Holder shall be responsible for total control of all invasive/noxious weed species on any and all
disturbed sites. The Holder i:s 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/herbicides ~hall comply with all applicable Federal and State laws. Pesticides/herbicides
shall be used only in accordal'~ce with their registered uses within limitations imposed by the Secretary of
the Interior. Prior to the use .of the pesticides/herbicides., the Holder shall obtain from the Authorized
Officer, written approval of a Pesticide/Herbicide 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/herbicide certification training and have
a current up to date Certified ,Pesticide/Herbicide Applicator's License.
Pesticide/Herbicide Application Records for the areas and acres treated must be submitted to the BLM
Kemmerer Field Office each v, ear. This includes the following:
Brand or Product name
EPA registration number
Total amount applied(use rate #A.I./acre)
Date of application '
Location of applicatio~'~
Size of area treated
Method of treatment (air/ground)
Name of applicator
Certification number'
Amount of surfactant~ or dyes used in spraying operation
The record information must b@ recorded no later than 14 days following the pesticide/herbicide application
and must be maintained for ten years.
Construction activity and surf~:-tce disturbance will be prohibited during the period from April 1 to July 1 for
the protection of Greater Sage Grouse Nesting Habitat.
Any exceptions to this requirement must have prior written approval from the authorized officer.
Ninety days prior to terminatio!~ of the right-of-way, the holder shall contact the authorized officer to arrange
a joint inspection of the right-i;~f-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 af;Irees to the terms and conditions of this right-of-way grant.
.... (Sigs.atu¢~ ~¢ ~o~&r) --- - (Signature of AuChor(zeCffi¢) - '
(Title) . (Title)
(Date) (Effective Date of Grant)
WYW-151126
EXHIBIT A
AUGUST 15, 2001
~PLAN OF DEVELOP1V~NT
! TO ACCOMP~aNY
Ballerina 10.10 Well Connect 4, ~ ~3
GAS GATHERING LINE APPLICATION
I. PROJECT DESCRIPTION
The buried 6 inch steel pip~},line will head in a northerly direction from Ballerina 10-10 well,
located in the Northwest q~mrter of Section 10 Township 21 North, Range 113 West to a
pipeline in the Southwest q!i!arter of Section 3, Township 21 North, Range 113 West, Lincoln
County, Wyoming. The sO:atheasterly half of said pipeline will be built on the westerly side
of the existing road and will be 25-30 feet of the road centerline, with the working side on the
road and berm side being °nly 15 feet wide.
The total length of the righ't-of-way is approximately 1970 feet, of which 1450 feet are on
Federal lands. A 50 foot':wide corridor is requested for construction, operational and
maintenance purposes. '
The pipeline will consist of a 6 hnch pipe, O. 156 inch wall thickness, Grade X-42 pipe with
a maximum operating presSUre of approximately 1200 psig.
Associated facilities includ?~' valving and metering.
All permanent above ground facilities, piping, and valving will be a flat, 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).
II. RECONNAISSANCE AND LOCATION
Reconnaissance reveals that the route selected was the most practical route in relation to the
well location and the neare.~t collector pipeline.
No other alternatives were:iconsidered because the proposed route utilizes existing surface
scars as much as possible.
III. ANCILLARY RIGHTS O? WAY AND PERMITS
Mountain Gas Resources, Inc. will secure all rights of way on adjacent non-federal lands prior
to pipeline construction. Mountain Gas Resources, Inc. will notify authorized right of way
users of Mountain Gas Resources, Inc.'s proposed pipeline crossings or overlaps on the
grounds occupied by the affected right of way users.
Any associated road and ~iitilitY 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 roads
and the established right of way corridor. No major reconstruction or rerouting of these
roads is intended. 'il
IV. DESIGN
The design, construction, C'hgineering, maintenance and inspection of the proposed
pipeline will be directed bY'Mountain Gas Resources, Inc. personnel.
V. CONSTRUCTION ~
All design, material, and construction, operation, maintenance, and terminatioff
practices shall be in accordance with safe and proven engineering practices.
Construction sites shall be maintained in a sanitary condition at all times; waste
materials at those sites shall~ be disposed of promptly at an appropriate waste disposal
site. "Waste" means all d~scarded matter including human waste, trash, garbage,
refuse, oil drums, petroleum products, ashes and equipment.
A litter policing program shall be implemented by the holder, and approved of in
writing by the authorized officer, which covers all roads and sites associated with the
fight of way. .
Pipeline construction will cormnence when all permits and right of way documents
have been secured.
Mountain Gas Resources, k~c. will notify the authorized officer 2 to 5 days in advance
of starting any construction activities. All private surface landowners will be
contacted prior to construc!iion for access and surface usage.
Mountain Gas Resources, Inc. will not allow any construction or routine maintenance .
activities during periods w,hen soil is too wet to adequately support construction
equipment. If such equipment creates surface ruts in excess of 4 inches deep,
Mountain Gas Resources,' Inc. will deem that soil conditions are too wet to
adequately support construction equipment. Construction activities will not be
allowed until soil condition~ improve.
, Construction of the proposed pipeline will occur in a planned sequence of pipeline
operations along the route. ~ The construction period will last approximately 2 weeks.
All construction materials will be hauled to the job by truck, as needed, and strung
along the right of way as it arrives. Pipe will be strung in such a manner as to cause
the least interference with the normal use of the land crossed by the right-of-way. A
motor grader with a blade Will be used to knock down vegetation, such as sage brush
within as much of the'fifty fOot right-of-way as is needed t.o provide a safe working
area. A wheel trencher wiIl be used to dig the trench, stacking the dirt beside the
ditch. After the pipe is plae,ed in the 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 wheeli!;, leaving a berm of four inches to accommodate settling.
Disturbance of the top soiil~ within the right-of-way will be kept to a minimum. In
areas of excessively steep hii[lsides 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 right-of-way and spre'ad back over the area from which it was taken, after the
final grading. Before seeding any disturbed areas (if applicable), the right of way will
be restored to its originallform, slope, contour, and soil density to the extent
practicable
The construction force is e.Xpected 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. 1 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
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 by 40 CFR Part 117.3 shall be reported as required by the Comprehensive
Environmental Response, Compensation, and Liability Act, Section 102 B. A copy
of any requested report required by any Federal or State agency of a reportable
release or spill of any hazardous material shall be furnished to the authorized officer
within 5 working days of t?.~e occurrence of the spill or release.
The holder(s) shall complY'with all applicable Federal laws and regulations existing
or hereafter enacted or prcimulgated. In any event, the holder(s) shall comply with
the Toxic Substances Contx~,~l Act of 1976, as amended (15 U.S.C. 2601, .et seq.) with
regard to any toxic substm~ees that are used, generated by or stored on the right of
way or on facilities authori?ed under this right of way grant.(See 40 CFR, Part 702-
799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193.)
Additionally, any release .gl toxic substances (leaks, spills, etc.) in excess of the
reportable quantity establisi~ed by 40 CFR, Part 117 shall be reported as required by
the Comprehensive Envir&nmental Response, Compensation and Liability Act of
1980, Section 102b. A cepy of any report required or requested by any Federal
agency or State government as a result of a reportable release or spill of any toxic
substances shall be furnished to the authoriZed officer concurrent with the filing of the
reports to the involved Federal agency or State government.
The holder of right of way No. agrees to indemnify the United States
against any liability arising fi:om 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 Recover..!~ Act of 1976, 42 U.S.C.6901 et seq.) on the right of way
(unless the release or threatened release is wholly unrelated to the right of way
holder's activity on the ri~!iht of way. This agreement applied without, regard to
whether a release is caused:by the holder, its agent, or unrelated third parties.
Prior to any discharge, hydrostatic testing water will be tested and processed, if
necessary, to ensure that Ii:he water meets local, State or Federal water quality
standards. Prior to dischari!:e of hydrostatic testing water from the pipeline, the holder
shall design and install a sukable energy dissipator at the outlets, and design and install
suitable channel Protection :;;tinctures necessary to ensure that there will be no erosion
or scouring of natural chaanels within the affected watershed as a result of such
discharge. The holder wil)~ 'be held responsible for any erosion or scouting resulting
from such discharge. Sandbags, rock, or other materials or objects installed shall be
removed from the site upo~} completion of hydrostatic testing.
IV OPERATION AND MAINTENANCE
The pipeline will be routinely patrolled and inspected by foot or by vehicle to check
for problems such as erosien, right of way condition, unauthorized encroachment on
the right of way and any oliher situations that could cause a safety hazard or require
~ preventive maintenance. If damage shall occur to the pipe from external sources,
~ repair or replacement of the portion of the pipeline may be necessary. Detailed line
break and emergency procedures are used as routine operational procedures of
Mountain Gas Resources,· Inc..
4
After construction is completed, the pipeline will be hydro-tested using water from
the Green River. The procedure consists of pressurizing incremental segments of the
pipe to not less than 1.1 times its designed operating pressure. The test period will
bee 8 hours to verify the pipe integrity. The water will be drained into a small pit(s)
at either end of the tested lh~e to minimize erosion.
The holder shall conduct all activities associated with the construction, operation, and
termination of the right of x:~¢ay within the authorized limits of the right of way.
VII STABILIZATION AND A~BANDONMENT
Following the completion 0f the pipeline test, the right of way traversed by the
pipeline construction will be:::irestored in accordance with the landowner's requirement;
or those agencies having jmi?sdiction. All distUrbed areas will be recontoured so that
the disturbed area blends imo the surrounding terrain. Appropriate measures will be
taken to prevent erosion through the use of construction diversion terraces, rip-rap,
matting, and water bars.
All 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. The application rate and seed mixture will comply to the landowner's or
regulatory agency's specifications.
Upland Sites Seed Mix
Species Variety Drill Seeding Rate
Western wheatgrass Rosanna 6 lbs/acre PLS
Thickspike wheatgrass Critana 6 lbs/acre PLS
Indian Ricegrass Nezpar 3 lbs/acre PLS
Shadscale saltbush 3 lbs/acre PLS
Globemallow .5 lbs/acre PLS
Tot~,! 17.5 lbs/acre
Saline Lowlands Seed Mix
i~!Variety Drill Seeding Rate
, Species :~,
Western wheatgrass Rosanna 6 lbs/acre PLS
Bottlebrush squirreltail 3 lbs/acre PLS
Gardner saltbush 2 lbs/acre PLS
Indian ricegrass 4 lbs/acre PLS
5
Tota!l 15 lbs/acre
Wet Meadow/Marsh Seed Mix
Species :~ Variety Drill Seeding Rate
Alkali sacaton 3 lbs/acre PLS
Nebraska sedge 1 lbs/acre PLS
Tufted hairgrass 2 lbs/acre PLS
Alkali grass 4 lbs/acre PLS
Total. 10 lbs/acre
Pure Live Seed (PLS) formula: % of purity of seed mixture times % germination otr seed
mixture= portion of seed mixture that is PLS.
If pesticides are required, .Mountain Gas Resources, Inc. will comply with all
applicable Federal and Sti:ite laws. Pesticides will be used in accordance with
registered uses and within !~mitations imposed by the Secretary of Interior. Before
using pesticides, (including !:~mergency situations, Mountain Gas Resources, Inc. will
obtain from the authorized officer 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.
Mountain Gas Resources, h'!e. will be responsible for weed control on the disturbed
areas within the established limits of the right of way. Mountain will coordinate with
the authorized officer or local authorities, to obtain acceptable weed control method's
for the disturbed areas within the right of way limits.
Mountain will obtain any necessary authorization to abandon the facilities from the
appropriate regulatory agency. The pipeline and all aboveground pipeline facilities
will also be removed and all unsalvageable materials will disposed of at authorized
sites. Regrading and revegetation of disturbed land areas (if applicable) will be
completed as necessary.
~... BALLERINA ~'' WYW-151126
~ i --.'FJF EXHIBIT B _
AUGUST 15
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R '~ PRO~SED P~EL~ FOR
IFFIN & A$SOGIA TgS, lNG. MO~~ G~ ~SO~CEN
BAI~LE~A 10-10
~4~4 ELK ST., SUITE202 SCALE': ~" = 2000' TOTAL PROPOSED LENGTH: ~9~2.30'
~oc~ sP~s, wr azgo~ ~o~ ~o. ~o ~sr~o ~o~o TOPO MAP
(307) 362-5028 REVISED: 5/f0/01 PROPOSED PIPELINE ....... B