HomeMy WebLinkAbout923835
00051.0
FORM 2800-14
(August 1985)
Issuing Office
Rock Springs Field Office
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT
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SERIAL NUMBER WYW167242
1. A right-of-way is hereby granted pursuant to section 28 of the
Mineral Leasing Act of 1920, as amended (30 D.S.C. 185).
2. Nature of Interest:
a. By this instrument, the holder:
Mountain Gas Resources, Inc.
1099 18~ Street, Suite 1200
Denver, Colorado 80202-1955
receives a right to construct, operate, maintain, and
terminate a six (6) inch buried pipeline, on Federal lands
described as follows:
T.25N., R.111W., 6~ P.M., Lincoln County, Wyoming
Section 35: W~A
b. The right-of-way or permit area granted herein is 50 feet
wide, 1,950 feet long and contains 2.24 acres, more or less.
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c. This instrument shall terminate on December 31, 2035, 30 )(
years from its effective date 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 renewed. If renewed, the right-of- x:
way or permit shall be subject to the regulations existing
at the time of the 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 acco~nt of the expiration, or
prior termination, of the grant. . - -
RECEIVED 10/30/2006 at 11 :24 AM
RECEIVING # 923835
BOOK: 638 PAGE: 510
JEANNE WAGNER
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3.
Rental
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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.
4. Terms and Conditions:
a. This grant or permit is issued subject to the holder's
compliance with all applicable regulations contained in
Title 43 Code of Federal Regulations part 2800 and 2880.
b.
Upon grant 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 directed by the authorized officer.
c. Each grant issued pursuant to the authority of paragraph
(1) (a) 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 right-of-way or 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
Exhibit(s) A and B, dated January 31, 2006, 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.
e. Failure of the holder to comply with applicable law or any
provision of this right-of-way grant or 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 protection of the
environment and the health and safety of the public.
g.
The holder shall contact the authorized officer at least
FIVE days prior to the anticipated start of construction
and/or any surface disturbing activities. The authorized
officer may require and schedule a preconstruction
conference with the holder prior to the holder's commencing
construction and/or surface disturbing activities on the
right-of-way. The holder and/or his representative shall
attend this conference. The holder's contractor, or agents
involved with construction and/or any surface disturbing
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activities associated with the right-of-way, shall also
attend this conference to review the stipulations of the
grant including the plan(s) of development.
h. The holder shall construct, operate, and maintain the
facilities, improvements, and structures within this right-
of-way in strict conformity with the plan(s) of de~elopment
\'(.h~c:h~ wp's hW~F¥) approved and ~de part. o~ the grant on .
~ ~I~ . Any relocatlon, addltlonal constructlon,
or use that is not in accord with the approved plan(s) 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(s) 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 an immediate temporary
suspension of activities if it constitutes a threat to
public health and safety or the environment.
i. The holder shall designate a representative(s) who shall
have the authority to act upon and to implement instructions
from the authorized officer. The holder's representative
shall be available for communication with the authorized
officer within a reasonable time when construction or other
surface disturbing activities are underway.
j. Any cultural and/or paleontological resource (historic of
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.
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. -
k. The holder shall be responsible for weed control on
disturbed areas within the limits of the right-of-way. The
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holder is responsible for consultation with the authorized
officer and/or local authorities for acceptable weed control
methods (within limits imposed in the grant stipulations).
1. The holder shall protect all survey monuments found within
the right-of-way. Survey monuments include, but are not
limited to, General Land Office and Bureau of Land"
Management Cadastral Survey Corners, reference corners,
witness points, u.S. Coastal and Geodetic benchmarks and
triangulation stations, military control monuments, and
recognizable civil (both public and private) survey
monuments. In the event of obliteration or disturbance of
any of the above, the holder shall immediately report the
incident, in writing, to the authorized office and the
respective installing authority if known. Where General
Land Office or Bureau of Land Management right-of-way
monuments or references are obliterated during operations,
the holder shall secure the services of a registered land
surveyor or a Bureau cadastral surveyor to restore the
disturbed monuments and reference using surveying procedures
found in the Manual of Surveyinq Instructions for the Survey
of the Public Lands in the United States, latest edition.
The holder shall record such survey in the appropriate
county and send a copy to the authorized officer. If the
Bureau cadastral surveyors or other Federal surveyors are
used to restore the disturbed survey monument, the holder
shall by responsible for the survey cost.
m. No construction or routine maintenance activities shall be
performed during periods when the soil is too wet to
adequately support construction equipment or when watershed
damage is likely to occur. 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.
n. The holder shall meet Federal, State, and local emission
standards for air quality.
o. Construction-related traffic shall be restricted to routes
approved by the authorized officer. New access roads or
cross-country vehicle travel will not be permitted unless
prior written approval is given by the authorized officer.
Authorized roads used by the holder shall be rehabilitated
or maintained when construction activities are complete as
approved by the authorized officer.
p. Prior to any discharge, hydrostatic testing water will be
tested and processed, if necessary, to ensure that the water
meets 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
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that there will be no erosion or scouring of natural
channels within the affected watershed as a result of such
discharge. Sandbags, rock, or other materials or objects
installed shall be removed from the site upon completion of
hydrostatic testing.
q. Prior to termination of the right-of-way, the holder shall
contact the authorized officer to arrange a pretermination
conference. This conference will be held to review the j/
termination provisions of the grant.
IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions
of this right-of-way grant or permit.
p~g(}~
(Signature of Holder)
S~..'" Ù<¡,a ~~"'.\.,~
(Titl )
Assistant Field Manager
Minerals and Lands
(Title)
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(Da te )
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(Effective Date of Grant)
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0923835
0005:15
EXHIBIT -A"
Januar¡ 31, 2006
WYW167242
PLAN OF DEVELOPMENT
TO ACCOMPANY
Uncoln Road 85-26 Well Connect
GAS GATHERING UNE APPUCATION
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I. PROJECT DESCRIPTION
The buried 6 inch steel pipeline will head in a souherly direction from Uncoln Road 85-26
well, located in the SWSWSW quarter of Section 34, Township 25 North, Range 111 West to
a pipeline In the SENW quarter of Section 35, Township 25 North, Range 111 West,
Sweetwater County, Wyoming.
The total length of the ROW Is approximately 1950.4 feet, of which 1950.4 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 of.
Associated facilities include valvlng and metering.
All permanent above ground fadlitles, 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. ANCILI.ARY 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 of the proposed
pipeline will be directed by MGR personnel.
v. CONSTRUcnON
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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 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
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 su~h
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 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.
IV
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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 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 writing by the
authorized officer MGR will use a brush hog to cut down vegetation. such as sa'qe
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 providing a safe workin(;J 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 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 by 40 CFR Part 117.3 shall be reported as required
by the Comprehensive Environmental Response, Compensation, and Uability Act,
Section 102 B. A copy of any requested report required by any Federal or State
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0005~B
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 ~. or the Resource
Conservation and Recovery Act of 1976,42 U.S.C.6901,etzg.) on the ROW (unless
the release or threatened release is wholly unrelated to the ROW holders activity on
the ROW. This agreement applied without regard to whether a release is caused by
the holder, its agent, or unrelated third parties.
Hydrostatic Testing
After construction is completed, the pipeline will be hydrostatic tested, the procedure
consists of pressurizing incremental segments of the pipe to nyt less than 1.25 times
its designed operating pressure. The test period will be 8 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.
Prior to any discharge, hydrostatic testing water will be tested and processed, if
necessary, to ensure that the water meets 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 disslpator 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 from 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 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
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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
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.
UDland Sites Seed Mix
Species
Variety
Drill SeedinQ Rate
Western wheatgrass
Thickspike wheatgrass
Indian Ricegrass
Rosanna
Critana
Nezpar
6 Ibs/acre PLS
6 Ibs/acre PLS
3 Ibs/acre PLS
Shadscale saltbush
Globemallow
3 Ibs/acre PLS
0.5 Ibs/acre PLS
Total
17.5Ibs/acre
Salin Lowlands SeedMix
Species
Western wheatgrass
Bottlebrush squirreltail
Gardner saltbush
Indian ricegrass
Variety
Rosanna
Drill Seeding Rate
6 Ibs/acre PLS
3 Ibs/acre PLS
2 Ibs/acre PLS
4 Ibs/acre PLS
Total
15 Ibs/acre
Wet Meadow I Marsh Seed Mix
VII
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000520
Species
Alkali sacaton
Nebraska sedge
Tufted halrgrass
Alkali grass
Variety
Drill Seeding Rate
3 Ibs/acre PLS
11bs/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 mixture= portion of seed mixture that is PLS.
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 f completed as necessary.
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EXHIBIT -B- 000521.
January 31, 2006
WYW167242
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1414 ELK ST., SUITE 202
ROCK SPRINGS, WY 82901
(307) 362-5028
SCALE: 1".2000'
JOB No. 13563
DATE: 1/4/06
PROPOSED PIPELINE FOR
MOUNTAIN GAS RESOURCES, me.
LINCOLN ROAD 85-26
TOTAL PROPOSED LENGTH: 1,950.4'i:
EXISTING ROAD
PROPOSED PIPELINE - - - -
TOPO MAP
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