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HomeMy WebLinkAbout874732 FOR M 2800-14 L I~'¢ (~ 0 !.. ~.~ (~ ~ ~Irh~"0 f~}'~ RI( (Aug,st 1985) 8' 7 il, 7 3 2 KEMMEIRER FIELD OFFICE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT SERIAL NUMBER WYW-152284 1. A right-of-way is hereby granted pursuant to Section 28 of the Mineral Leasing Act of 1920, as amended (30 U,S.C. 2. Nature of Interest: :'t~3OK ~69 ~'~ ~:'*~,'.. ,1: ':~ .. a. By this instrument, the holde¢: Mountain Gas Resources, Inc. 12000 No~h Pecos Street Denver, CO 80234-3439 receives a right to construct, operate, maintain, and terminate a(n) R~ for a 6" gas pipeline from the Seven Mile Wash 20-18 well, on Federal lands described as follows: 6th Principle Meridian, Lincoln County, Wyoming %21N,,R. 112W., section 18: NEN b, The right-of-way area granted herein is 50' feet wide, I434' feet long and contains 1.65 acres, more or less. c. This instrument shall terminate on December 31,2030, unless, prior thereto, it is relinqt~ished, 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 renewed, If renewed, the right-of-Way shall be subject to the regulations existing at the time of renewal and any other terms and conditior~s 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 effect and shall be binding o~ 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 terr~ination, of the grant. 3. Rentah For and in consideration of the rights grar~ted, 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. ' 2 4. Terms and Conditions: a. This grant is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations pan 2880. b, Upon grant termination by the authorized officer, all nnprovements shall be removed from the Federa lands within 90 days, or otherwise disposed of as provided 'n paragraph (4)(c) or as directed by the authorized officer. c. The stipulations, plans, maps, or designs set forth in Exhibit A & B, dated June 19, 2001 attached hereto, are incorporated into and made a ,dart of this grant instrument as fully and effectively as if they were set forth herein',in their entirety. d. 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. e, The holder shall perform all operations 'n a good and workmanlike manner so as to ensure protection of tine environment and the health and safety of the public. f. The holder shall construct, operate, and maintain the facilities, 'mprovements. and structares within this right-of-way in strict conformity with the pian of development which was approved and ,~ade part of the grant on June 19, 2001. Any relocation additional construction or use that is not n 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 stipu aliens and ap~roveo 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 healtn and safety or the environment. g. The Holder shall be responsible for total control of all invasivelnoxious weed species on any and all disturbed sites. The Holder ts 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 shall comply with all applicable Federal and State laws. Pesticides/herbicides shall be used only in accordance with their registered uses within limitations imposed by the Secretary of the Interior. Prier 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 year. This includes the following: Brand or Product name EPA registration number Total amount applied (use rate #A.I./acre) Date of application Location of application Size of area treated Method of treatment (air/ground) Name of applicator Certification number Amount of surfactants or dyes used in spraying operation The record information must be recorded no later than 14 days following the pesticide/herbicide application and must be maintained for ten years. h, Except rights-of-way expressly authorizing a road after construction of the facility is compieted, the holder shall not use the right-of-way as a road for purposes other than routine maintenance as determined necessary by the authorized officer in consultation with the holder. i. Ninety days, prior to termination of the right-of,way, the holder shall contact the authorized officer to arrange a joint inspection of tile right-of-way. This inspection will be held to agree to an acceptable termination (and rehabilitation) plan. This plan shall incluc~e, but is not limited to, rernoval 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 a§rees io the terms and conditions of this right-of-Way graqt. (Sig.at.re of .o~er) -(Signat~e of .ut~o~iz~~¢~ (Title) / (Title) (Date) (Effective Date of Grant) ~rYW- 152284 EXHIBIT A ~ ~.,..: :, ....~ ..., ~.,,,,: PLAN OF DEVELOPMENT JUNE' 19 2001 TO ACCOMPANY Seven Mile Wash 20-18 Well Connect GAS GATHERING LINE APPLICATION .~ t{. ~: I. PROJECT DESCRIPTION The buried 6 inch steel pipeline will head in a northerly direction fi'om Seven Mile Wash 20- 18 well, located in the Northeast quarter of Section 18 Township.21 North, Range 112 West to a pipeline in the Southeast quarter of Section 7, Township 21 North, Range 112 West, Lincoln County, Wyoming. ' The total length of the right-of-way is approximately 3058 feet, of which 1434 feet are on Federal lands. A 50 foot wide corridor is requested for construction, operational and. maintenance purposes. The pipeline will consist cfa 6 inch pipe, O. 156 inch wall thickness, Grade X-42 pipe witti a maximum operating press~ure of approximately 1200 psig. ~ Associated facilities ipclude 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). II. RECONNAISSANCE AND LOCATION Recom~aissance 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. III. ANCILLARY RIGHTS OF 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.% proposed pipeline crossings or overlaps on the grounds occupied by the affected right of way users. Any associated road and utility permits will be seem'ed from the appropriate regulatory agency prior to construct/on. All equipment and vehicular~ access into the pipeline .pro.iect xviil be confined to existing roads and the established right of way corridor. No major reconstruction or rerouting of these roads is intended. IV. DESIGN The design, construction, engineering, maintenance and inspection of the proposed pipeline will be directed by Mountain Gas Resom'ces, Inc. personnel. V. CONSTRUCTION All design, material, and construction, operation, maintenance, and termination 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 discarded 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 right of way. ,~ Pipeline construction will commence when all permits and right of way documents have been secured. Mountain Gas Resources, Inc. will notify the authorized o-fticer 2 to 5 days in advance of starting any construction activities. All private surface landowners will be contacted prior to construction for access and surface usage. MOuntain Gas Resources~ Inc. 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, Mountain Gas Resources, Inc. will deem that soil conditions are too xvet to adequately support construction equipment. Construction activities will not be allowed until soil conditions improve. Constructi6n of the proposed pipeline will occur in a planned sequence of pipeline operations along the route. The construction period xvill 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 fiI~ty foot right-of-way as is needed to provide a safe working area. A wheel trencher will be used to dig the trench, stacking the dirt beside the ditch. After the pipe is placed 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 wheels, leaving a berm of four inches to accommodate settling. Disturbance of the top soil within the right-of-way 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 the right-oi:way and spread back over the area fi'om which it was taken, after the final grading. Before seeding any disturbed areas (if applicable), the right of way 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 eqmpment 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 identit?ing the pipe'§ location. No toxic substances are proposed for use in connection with the construction project; however iffoxic substances are required, usage shall conform with provisions of the Toxic Subgtances 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 11 7.3 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 the occurrence of the spill or release. 3 The holder(s) shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In .any event, the holder(s) shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C. 2601, et se_q:) with regard to any toxic substances that are used, generated by or stored on the right of way or on facilities authorized 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 of toxic substances (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 of 1980, Section 102b. A copy of any report required or requested by any Federal agency or State government as a result ora reportable release or spill of any toxic substances shall be furnished to tile authorized officer concurrent vcith 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 from 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, e_t seq. or the Resource Conservation and Recovery Act of 1976, 42 U.S.C.6901 et seq.) on the right of way (unless the release or threatened release is wholly urn'elated to the ~right of way holder's activity on the right Of` way. This agreement applied with6ut 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 the water rneets local, State or Federal water quality standards. Prior to discharge of hydrostatic testing water from the pipeline, the holder shall design and install a suitable energy dissipator at the outlets, and design and install suitable channel protection structures necessary to ensure that there will be no erosion or scouring of natural channels within the affected watershed as a result of such discharge. The holder will be held responsible for any erosion or scouring resulting fi'om such discharge. Sandbags, rock, or other materials or objects installed shall be removed from the site upon completion of hydrostatic testing. IV OPERATION AND MAINTENANCE The pipelin'e will be routinely patrolled and inspected by foot or by vehicle to check for problems such as erosion, right of way condition, unauthorized encroachment on the right of way and any other situations that could cause a safety hazard or require preventive maintenance. If damage shall occur to the pipe fi'om external sources, repair or replacement of the portion of the pipeline may be necessary. Detailed line break and emergency procedm'es are used as routine operational procedures of Mountain Gas Resources, Inc.. After construction is completed, the ?ipeline will be hydro-tested using water £rom the Green River. The procedure consists of' ?mssurizmg incremental segments o£the pipe to not less than 1.1 times its designed operating pressure The test period will bee g hours to verify the pipe integrity. The water will be drained into a small pit(s) at either end of the tested line to minimize erosion. Tho holder shall conduct all activities associated with the construction, o?eration, and termination of the right o£ way within the authorized Jimits o6 the right of' way. VII STABILIZATION AND ABANDONMENT Following the completion of the pipeline test, the right of way 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 recontoured so that the disturbed area blends into 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 lando'wner'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 rare and seed mixture will comply to the landowner's or regulatory agency's specificatians. .Upland Sites Seed Mix Species VarietE Drill Seediqg Rate Western wheatgrass Rosarma 6 lbs/acre PLS Thickspike wheatgrass Critana 6 lbs/acre PLS Indi an Ricegrass Nezpar 3 Ihs/acre PLS Shadscale saltbush 3 lbs/acre PLS Globemallow .5 lbs/acre PLS Total 17.5 Ibs/acre Saline [,owlands Seed Mix Species Variety Drill Seeding_Rate 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 Total 15 lbs/acre Wet Meadow/Marsh Seed Mix Specie5 Variety lJrill 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 of seed mixture= portion of seed mixture that is PLS. If pesticides are required, Mountain Gas Resources, Inc. will comply with all applicable Federal and State :laws, Pesticides will be used in accordance with registered uses and within limitations imposed by the Secretary of Interior. Before using pesticides, (including emergency 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 inibrmation deemed necessary. Mountain Gas Resources, Inc. will be responsible for weed control on tile 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 methods for the disturbed areas within the right of way limits. Mountain will obtain any necessary authorization to abandon the facilities fi'om 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, WYW-152284 · EXHIBIT B '- .... JUNE 19, 2001 PR OPO~D P~LINE IFFIN & ASSOOIA TES, INC. FON 14f4 ELK ST., SUITE202 SOALE: f "= 2000' TOTAL PROPOSED LENGTH: 305&45~ ROOK SPRINGS, WY82~01 JOB No. 7238 ~ISTING ROAD , -TOPO MAP (30 7) 362-5028 DA TE: 1H30/O0 PROPOSED PIPELINE ........, _