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FORM 2800-14
(August 1985)
Issuing Office
KEMMERER FIELD OFFICE
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIW GRANT
SERIAL NUMBER WYW-170874
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. 185).
Mountain Gas Resources Inc.
1099 18th St. Suite 1200
Denver, CO 80202-1955
RECEIVED 10/212006 at 12:03 PM
RECEIVING # 922962
BOOK: 635 PAGE: 441
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
2.
Nature of Interest:
a. By this instrument, the holder:
reeeives a right to operate, maintain, and terminate a 6-inch natural gas pipeline from the Opal 32-34
well, on public lands described as follows:
Sixth Principal Meridian, Lincoln County, Wyoming,
T. 22 N., R. 112 W.
Sec: 34, E2.
b. The permit area granted herein is 50 feet wide, 3465.1 feet long and contains 3.977 acres, more or less.
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c. This instrument shall terminate on December 31, 2035, 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.
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
effeet 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 perm it.
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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 determined by the authorized officer unless speeifically exempted from such
paym ent by regulation. Provided, however, that the rental may be adjusted by the authorized officer,
whenever neeessary, 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.
4. Terms and Conditions:
a. This permit is issued subjeet to the holder's compliance with all applicable regulations contained in Title
43 Code of Federal Regulations part 2800.
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b. Upon permit termination by the authorized officer, all improvements shall be removed from the public
lands within 90 days, or otherwise disposed of as provided in paragraph (4)(d) or as direeted by the
authorized officer.
c. Each permit issued for a term of 20 years or more shall, at a minimum, be reviewed by the authorized
officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided,
however, that a permit granted herein may be reviewed at any time deemed necessary by the authorized
officer.
d. The stipulations, plans, maps, or designs set forth in Exhibits A and B, dated June 6, 2006 attached
hereto, are incorporated into and made a part of this permit instrument as fully and effectively as if they
were set forth herein in their entirety.
e. Failure of the holder to comply with applicable law or any provision of this permit shall constitute grounds
for suspension or termination thereof.
f. The holder shall perform all operations in a good and workmanlike manner so as to ensure proteetion of
the environment and the health and safety of the public.
g. 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
permit on June 6, 2006. 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 permit, 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.
h. 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.
i. The holder shall conduct all activities associated with the construction, operation, and termination of
the right-of-way within the authorized limits of the right-of-way.
j. No 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.
k. The Holder shall be responsible for total control of all invasive/noxious weed species on any and all
disturbed sites, including areas outside the development where weeds have established due to project
installation and development. If at all possible all vehicles and equipment used for project
construction and developments should be power or high pressure washed prior to entering the project
area. Guidelines in Partners Against Weeds, An Action Plan for the Bureau of land Management needs
to be followed as outlined in Appendix 4 as a prototype for weed prevention measures on public lands.
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
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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.
Only those chemicals (pesticides and herbicides) listed on the BLM approved label list are authorized
for use on public lands. A Pesticide Use Proposal (PUP) must be submitted for each chemical used, and
it cannot be used until approval has been obtained in writing from the BLM authorized officer. The
report needs to include any surfactants or dyes used in the spraying operation.
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 Office each vear. This includes the following:
Brand or Product name
EPA registration number
Total amount applied (use rate #A.l.lacre)
Date of application
location of application
Size of area treated
Method of treatment (air/ground)
Name of applicator
Certification number and dates
Costs to treatment
Amount of surfactants or dyes used in spraying operation
The record information must be recorded no later than 14 days following the pesticide application and
must be maintained for ten years.
I. Authorized construction, routine maintenance, or surface disturbance is not allowed during the period
from February 1 to May 15 for the protection of sage grouse lek(s).
The holder may request an exception in writing to the above stipulation. Any exceptions to the
stipulation must be approved in writing by the authorized officer prior to conducting any surface
disturbing or prior to conducting activities disruptive to wildlife. The exception request must explain
the reason(s) for the exception, why the proposed activities will not impact the species or their
habitat, and the dates for which the exception is requested. Data supporting the exception must
accompany the written request.
m. Authorized construction, routine maintenance, or surface disturbance is not allowed during the period
from March 15 to July 15 for the protection of sage grouse nesting and brood rearing habitat.
The holder may request an exception in writing to the above stipulation. Any exceptions to the
stipulation must be approved in writing by the authorized officer prior to conducting any surface
disturbing or prior to conducting activities disruptive to wildlife. The exception request must explain
the reason(s) for the exception, why the proposed activities will not impact the species or their
habitat, and the dates for which the exception is requested. Data supporting the exception must
accompany the written request.
n. Authorized construction, routine maintenance, or surface disturbance is not allowed during the period
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from November 15 to March 14 for the protection of sage grouse winter habitat.
The holder may request an exception in writing to the above stipulation. Any exceptions to the
stipulation must be approved in writing by the authorized officer prior to conducting any surface
disturbing or prior to conducting activities disruptive to wildlife. The exception request must explain
the reason(s) for the exception, why the proposed activities will not impact the species or their
habitat, and the dates for which the exception is requested. Data supporting the exception must
accompany the written request.
o. Authorized construction, routine maintenance, or surface disturbance is not allowed during the period
from February 1 to July 31 for the protection of ferruginous hawk nest(s).
The holder may request an exception in writing to the above stipulation. Any exceptions to the
stipulation must be approved in writing by the authorized officer prior to conducting any surface
disturbing or prior to conducting activities disruptive to wildlife. The exception request must explain
the reason(s) for the exception, why the proposed activities will not impact the species or their
habitat, and the dates for which the exception is requested. Data supporting the exception must
accompany the written request.
p. 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 must approve the plan in writing prior to the holder's commencement of any
termination activities.
The undersigned agrees to the terms and conditions of this permit.
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Exhibit "A"
WYW-170874
June 6, 2006
Proposed
Opal 32-34 Extension Pipeline
Page 1, Section 7
GAS GATHERING UNE APPUCATION
00044.13
A) One buried 6 inch natural gas pipeline, approximately 3465.1 feet in length, 3465.1 feet on
Federal lands, to connect:
Opal 32-34 well in
SWNE '/4 Section34, T 22 N - R 112 W
Uncoln County, Wyoming;
to an existing pipeline In
NESE V4 SectIon 34, T 22 N - R 112 W
Uncoln County, Wyoming.
Topographic Map(s): Fontenelle SE Quad(s)
B) Valves and appurtenances to control flow; meter runs as needed.
C) 3465.1 feet of permanent right-of-way (ROW), 50 feet wide.
D) The Length of term for the ROW Is requested for a period of thirty (30) years with options to
renew for as long as there are marketable quantities of gas available
E) Year around.
F) Up to 3,500 MCFD of natural gas and associated liquids from each well.
G) Planned construction of the pipeline will begin upon receipt of ROW Grant, (5) five working
days to complete construction.
H) No temporary work areas needed.
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PLAN OF DEVELOPMENT
TO ACCOMPANY
Opal 32-34 Well Connect
GAS GATHERING UNE APPUCATION
I. PROJECT DESCRIPTION
The buried 6 inch steel pipeline will head In a southerly direction from Opal 32-34 well,
located In the SWNE quarter of Section 34, Township 22 North, Range 112 West to a
pipeline in the NESE quarter of Section 34, Township 22 North, Range 112 West, Uncoln
County, Wyoming.
The total length of the ROW Is approximately 3465.1 feet, of which 3465.1 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 pslg. The average operating
temperature of the pipeline Is between 50 OF and 60 of.
Associated facilities Include valvlng 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 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.
N. DESIGN
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The design, construction, engineering, maintenance and Inspection of the proposed
pipeline will be directed by MGR personnel.
V. CONSTRUCTION
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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 promptiy at an appropriate waste
disposal site. "Waste" means all discarded matter including human waste, trash,
garbage, refuse, 011 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
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 soli is too wet to adequately support construction equipment. If such
equipment creates surface ruts in excess of 4 Inches deep, MGR will deem that soli
conditions are too wet to adequately support construction equipment. Construction
activities will not be allowed until soli 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 BLM will be contacted
prior to construction In winter conditions.
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 soli, more or less If the BLM deems necessary,
will be stock plied on the side of the ROWand 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 aDproved 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. ExceDt In cases where vegetation is too dense to be removed or in the
interest of Drovldino a safe workino 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 soli 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 soli
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 applicable)
f. 1 Backhoe
g. 1 Trackhoe
h. 1 Side Boom Caterpillar
I. 1 Trencher
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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 Uabillty Act,
Section 102 B. A copy of any requested report required by any Federal or State
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agency of a reportable release or spill of any hazardous material shall be fumished 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 Uability 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 fumished 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 Uability Act of 1980, 42 U.S.C. 9601, gt~. or the Resource
Conservation and Recovery Act of 1976, 42 U.S.C.6901 gt gg.) 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 not conduct hydrostatic testing on the pipeline, it's
West~rn 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
replacement of the portion of the pipeline may be necessary. Detailed line break and
emergency procedures are used as routine operational procedures of MGR.
The holder shall conduct all activities associated with the construction, operation,
and termination of the ROW within the authorized limits of the ROW.
VII STABIUZATION AND ABANDONMENT
Following 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
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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
Thlcksplke wheatgrass
Indian Rlcegrass
Rosanna
Critana
Nezpar
6 Ibs/acre PLS
6lbs/acre PLS
3 Ibs/acre PLS
Shadscale saltbush
Globemallow
3 Ibs/acre PLS
0.5 Ibs/acre PLS
Total
17.5 Ibs/acre
Salin Lowlands SeedMIx
Species
Western wheatgrass
Bottlebrush squlrreltail
Gardner saltbush
Indian ricegrass
Variety
Rosanna
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Wet Meadow/Marsh Seed Mix
Spedes
Alkali sacaton
Nebraska sedge
Tufted halrgrass
Alkali grass
Variety
Drill Seeding Rate
3 Ibs/acre PLS
1 Ibs/acre PLS
2 Ibs/acre PLS
4 Ibs/acre PLS
Total
10 Ibs/acre
Pure Uve Seed (PLS) formula: % of purity of seed mixture times % germination of
seed mlxture= portion of seed mixture that is PLS.
VII
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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 Qf
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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Exhibit liB II
WYW-170874
June 6, 2006
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1414 ELI< ST., SUITE 202
ROCK SPRINGS. WY 82901
(307) 362·6028