HomeMy WebLinkAbout917552
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BUREAU OF LAND MANAGEMENT
Kemmerer Field Office
312 Highway 189 North
Kemmerer, Wyoming 83101-9711
000164
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TAKE PRIDE-
INpp.ERICA
WYW-152785
2800 (090)
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United States Department of the Interior
August31,2005
CERTIFIED MAIL 700503900001 55025815 RETURN RECEIPT REQUESTED
DECISION
Mountain Gas Resources, Inc.
20 Shoshone Avenue
Green River, WY 82935
Right-ot-Way WYW-152785
6" Seven Mile Gulch Looping Project
Right-of-Wav Amended
Mountain Gas Resources, Inc. is the holder ot Right-ot-Way Grant WYW-152785, authorizing a right-of-
way for a 6" pipeline from the Seven Mile Gulch Loop pipeline, pursuant the Mineral Leasing Act of 1920,
as amended (30 U.S.C. 185).
Mountain Gas Resources, Inc. has requested a right-ot-way amendment for the 6" pipeline. The
requested right-ot-way is 50' wide and 7541.9' long tor 8.65 acres. The right-ot-way is located on the
tollowing public lands:
Section 34: S%NE14, SE14NW14,
35: S%NW14, NE14SW14, N%SE14.
RECEIVED 4/17/2006 at 3:10 PM
RECEIVING # 917552
BOOK: 617 PAGE: 164
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Sixth Principal Meridian, Lincoln County, Wyoming
T.23N.R.112W.,
This requested right-ot-way is approved as an amendment to Right-ot-Way WYW-152785. This approval
is subject to the same terms and conditions as the original authorization, with the following additional
stipulations:
1. Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by
the holder, or any person working on his behalt, on public or Federal land shall be immediately
reported to the authorized officer. Holder shall suspend all operations in the immediate area ot
such discovery until written authorization to proceed is issued by the authorized officer.
An evaluation ot the discovery will be made by the authorized officer to determine appropriate
actions to prevent the loss ot signiticant cultural or scientific values.
The holder will be responsible tor the cost ot evaluation and any decision as to proper mitigation
measures will be made by the authorized officer after consulting with the holder.
2. The Holder shall be responsible for total control ot all invasive/noxious weed species on any and
all disturbed sites. The Holder is responsibletor consultation with the Authorized Officer and/or
local authorities tor acceptable weed control methods, and shall comply with the tollowing:
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
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imposed by the Secretary of the Interior. Prior to the use of the pesticidesiherbicid(3s, 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 pesticideiherbicide 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.
3. 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 th4
grant on August 31, 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.
4. 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.
5. Construction activity, surface disturbance, drilling and completion activity will be prohibited during the
period from November 15 through April 30 for the protection of big game winter range.
Any exceptions to this requirement must have prior written approval from the authorized officer.
6. Construction activity, surface disturbance, drilling and completion activity will be prohibited during the
period from February 1 through July 31 for the protection of raptor nesting habitat.
Any exceptions to this requirement must have prior written approval from the authorized officer.
Construction activity and surface disturbance occurring during the period from April 1 0 to July 10 will .
require surveys of nesting/brooding habitat for the protection of Mountain Plover Nests. Two week 1
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
r?ing t~ USFWS Draft Survey Guidel:\~:2:m*fMay~ 1998) for mo~ntain plovers. ConšT:~~~ogists must
It awntten rep. ort of areas surveyed~:::i:~~8I1?nor to construction. "::;,,,:j¡;:~;:;'J
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8. Construction activity, surface disturbance, drilling and completion activity will be prohibited within two miles
of an occupied lek, or in identified sage-grouse nesting and early brood-rearing habitat outside the 2-n1ile
buffer from March 15 through July 15. 1
Any exceptions to this requirement must have prior written approval from the authorized officer.
9. Construction activity, surface disturbance, drilling and completion activity will be prohibited during the
period from November 15 through March 15 for the protection of Greater sage grouse winter range
habitat.
Any exceptions to this requirement must have prior written approval from the authorized officer.
10. Holder shall remove only the minimum amount of vegetation necessary for the construction of structures
and facilities. Topsoil shall be conserved during excavation and reused as cover on disturbed areas to
facilitate regrowth of vegetation.
11. 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.
12. Ninety days prior to termination of the right-of-way, the holder shall contact the 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 f11ust
approve the plan in writing prior to the holder's commencement of any termination activities. .
The amendment to Right-of-Way Grant WYW-152785 has the same expiration date as the original grant,
December 31, 2031.
Rental for this authorization is determined according to regulations found at 43 CFR 2803.1-2. Rental for
the period of September 1, 2005 through December 30, 2005 is $22.37.
This decision may be appealed to the Interior Board of Land Appeals, Office of the Secretary, in
accordance with the regulations contained in 43 CFR, Part 4 and the enclosed Form 1842-1. If an appeal
is taken, your notice of appeal must be filed in this office (at the above address) within 30 days from
receipt of this decision. The appellant has the burden of showing that the decision appealed from is in
error.
If you wish to file a petition pursuant to regulation 43 CFR 4.21 (58 FR 4939, January 19, 1993) or 43 CFR
2884.1 for a stay of the effectiveness of this decision during the time that your appeal is being reviewed by
the Board, the petition for a stay must accompany your notice of appeal. A petition for a stay is required to
show sufficient justification based on the standards listed below. Copies of the notice of appeal and
petition for a stay must also be submitted to each party named in this decision and to the Interior Board of
Land Appeals and to the appropriate Office of the Solicitor (see 43 CFR 4.413) at the same time the
original documents are tiled with this office. If you request a stay, you have the burden of proof to
demonstrate that a stay should be granted.
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Standards for Obtainina a Stay
Except as otherwise provided by law or other pertinent regulation, a petition for a stay of a decision
pending appeal shall show sufficient justification based on the following standards:
1. The relative harm to the parties if the stay is granted or denied,
2. The likelihood of the appellant's success on the merits,
3. The likelihood of immediate and irreparable harm if the stay is not granted, and
4. Whether the public interest favors granting the stay.
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C;JO RUgWe6' ..
Field Manager
Enclosures
BLM Appeals Form
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PLAN OF DEVELOPMENT
TO ACCOMPANY
Amendment WWJ-152785
7-Mile Gultch 6 inch loop Well Connect
GAS GATHERING LINE APPLICATION
C00168
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WYW-152785
August 31,2005
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I. PROJECT DESCRIPTION
The buried 6 inch steel pipeline will head in a westerly direction from 7-Mile Gultch 6 inch
loop, located in the NESE quarter of Section 35, Township 23 North, Range 112 West to a
pipeline ((Horse Trap Loop WYW-152785)) in the SENW quarter of Section 25, Township 23
North, Range 112 West, Lincoln County, Wyoming.
The total length of the ROW is approximately 7541.9 feet, of which 7541.9 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 inch pipe, 0.156 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 OF and 60°F.
Associated facilities include 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 stockcolors comprise of
either Carls bad 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 tD
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
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 roads and the
established ROW corridor. No major reconstruction or rerouting of these roads is intended.
IV.
DESIGN
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The design, construction, engineering, maintenance and inspection ofthe proposed
pipeline will be directed bý MGR personnel.
V. CONSTRUmON
All design, material, and construction, operation, maintenance, and termination
practices shall be in accordance with safe and proven engineering practices.
All equipment and vehicular access into the pipeline project will be confined to
existing roads and the established ROW corridor. No major reconstruction or
rerouting of these roads is intended.
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 prod.Jcts, 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
ROW.
Pipeline construction will commence when all permits and ROW documents have
been secured.
MGR will notify the authorized officer 5 days 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 conditims 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 BLM will be contacted
prior to construction in winter cmditions.
Construction of the proposed pipeline will occur in a planned sequence of pipeline
operations along the route. The construction period will commence as follows: (5)
five working days contingent upon weather conditions.
All construction materials will be hauled to the job by truck, as needed, and strung
along the ROW 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 ROW. A motor
grader with a blade will be used to knock down vegetation, such as sage brush
within as much of the permanent ROW as is needed to provide a safe working area.
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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 ROWand spread batk 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 writing by the
authorized officer MGR will use a brush hog to cut down vegetation. such as sage
brush within as much of the ROW as is needed. no topsoil will be bladed to the side
of the ROW. Except in cases where vegetation is too dense to be removed or in the
interest of providing a safe working 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 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 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 ROWand 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. 1 Welding Truck
b. 1 Tractor Trailer
c. 1 Two Ton Truck
d. 4 Pickup Trucks
e. 1 Seed Driller and Tractor (if appicable)
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 ti:g
provisions of the Toxic Substances Control Act of 1976¡ as amended (40 CFR Part 5g§ ~
702-799). Any release of toxic substances (leaks¡ spills¡ etc.) in excess of the ~ ::.t:
reportable quantity as established by 40 CFR Part 117.3 shall be reported as required ;:; ~.:::::'
by the Comprehensive Environmental Response, Compensation¡ and Liability Act¡ c.r¡ 1n/
Section 102 B. A copy of any requested report required by any Federal or State;;¡ ;¿ $7
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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.
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 seq.) with
regard to any toxic substances that are used, generated by or stored on the ROW or
on facilities authorized under this ROW 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 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 ROW 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, et seq. or the Resource
Conservation and Recovery Act of 1976, 42 U.S.C.6901 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, cr unrelated third parties.
Western Gas Resources, Inc. will not 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 this pipeline.
IV OPERATION AND MAINTENANCE
The pipeline will be routinely patrolled and inspected by foot or by vehicle to check
for problems such as erosion, ROW condition, unauthorized encroachment on the
ROWand any other situations that could cause a safety hazard or require preventive
maintenance. If damage shall occur to the pipe from external sources, repair or
repJacement of the portion of the pipeline may be necessary. Detailed line break and
emergency procedures are used as routine operational procedures ofMGR.
The holder shall conduct all activities associated with the construction, operation,
and termination ci the ROW within the authcrized limits of the ROW.
VII
STABILIZATION AND ABANDONMENT ~
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Following the completion of the pipeline, the ROW traversed by the pipeline ~ ~
construction will be restored in accordance with the landowner's requirement, or f\) ~.::¡;
those agencies having jurisdiction. All disturbed areas will be re-contoured so that):,C.Jj };;/
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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 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
Thickspike wheatgrass
Indian Ricegrass
Rosanna
Critana
Nezpar
6 Ibsjacre PLS
6 Ibsjacre PLS
3 Ibsjacre PLS
Shadscale saltbush
Globemallow
3 Ibsjacre PLS
0.5 Ibsjacre PLS
Total
17.5 Ibsjacre
Salin Lowlands SeedMix
Species
Western wheatgrass
Bottlebrush squirreltail
Gardner saltbush
Indian ricegrass
Variety
Rosanna
Drill Seeding Rate
6 Ibsjacre PLS
3 Ibsjacre PLS
2 Ibsjacre PLS
4 Ibsjacre PLS
Total
15 Ibsjacre
Wet Meadow/MarshSeed Mix
Species
Alkç¡1i sacaton
Nebraska sedge
Tufted hairgrass
Alkali grass
Variety
Drill Seeding Rate
3 Ibsjacre PLS
11bsjacre PLS
2 Ibsjacre PLS
4 Ibsjacre PLS
Total
10 Ibsjacre
Pure Live Seed (PLS) formula: % of purity of seed mixture timés % germination of
seed mixture= portion of seed mixture that is PLS.
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If pesticides are required, MGR 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, MGR 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.
MGR will be responsible for weed control on the disturbed areas within the
established limits of the ROW. MGR will coordinate with the authorized officer or
local authorities, to obtain acceptable weed control methods for the disturbed areas
within the ROW limits.
MGR will obtain any necessary authorization to abandon the facilities from the
appropriate regulatory agency. The pipeline will be capped and abandon in place,
aboveground pipeline facilities will 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.
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WYW-152785
August 31,2005
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1414 ELK ST., SUITE 202
ROCK SPRINGS, WY 82901
(307) 362-5028
SCALE: 1" = 2000'
JOB No. 10610
DA TE: 5/07/04
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