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HomeMy WebLinkAbout941733 FORM 2800-14 (August 1985) RECEIVED 8/29/2008 at 10:25 AM RECEIVING # 941733 BOOK: 703 PAGE: 533 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY Issuing Office KEMMERER FIELD OFFICE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT Rf\N GRANT SERIAL NUMBER WYW-171 023 600533 1. A Right of Way is hereby granted pursuant to Section 28 Of the Mineral Leasing Act of 1920 as amended (3D U.S.C. 185). 2. Nature of Interest: a. By this instrument, the holder: Mountain Gas Resources Inc. 1099 18th S1. Suite 1200 Denver, CO 80202-1955 t ;\J receives a right to construct, operate, maintain, and terminate a 6-inch natural gas pipeline from the Black Jack 65-13 well, on public lands described as follows: Sixth Principal Meridian, Lincoln County, Wyoming, T. 22 N., R. 112 W., section 7, SWSW; section 18, S2NW. b. The area granted herein is 50 feet wide, 2,720 feet long and contains 3.122 acres, more or less. c. This instrument shall terminate on December 31, 2036, 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 effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. 3. Rental: For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as 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: 53~~+Doa \," '\, ')000(') "1 to ~7) (;!OôS3~ 2 a. This grant is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2800. b. In the event that the public land underlying the right-of-way (WYW-171 023) encompassed in this grant, or a portion thereof, is conveyed out of Federal ownership and administration of the ROW or the land underlying the ROW is not being reserved to the United States in the patent/deed and/or the ROW is not within a ROW corridor being reserved to the United States in the patent/deed, the United States waives any right it has to administer the right-of-way, or portion thereof, within the conveyed land under Federal laws, statutes, and regulations, including the regulations at 43 CFR Part [2800][2880], including any rights to have the holder apply to BLM for amendments, modifications, or assignments and for BLM to approve or recognize such amendments, modifications, or assignments. At the time of conveyance, the patentee/grantee, and their successors and assigns, shall succeed to the interests of the United States in all matters relating to the right-of-way, or portion thereof, within the conveyed land and shall be subject to applicable State and local government laws, statutes, and ordinances. After conveyance, any disputes concerning compliance with the use and the terms and conditions of the ROW shall be considered a civil matter between the patentee/grantee and the ROW Holder. c. 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 ~uthorized officer. d. Each grant 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 grant granted herein may be reviewed at any time deemed necessary by the authorized officer. e. The stipulations, plans, maps, or designs set forth in Exhibits A and B, dated October 25, 2007 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. f. Failure of the holder to comply with applicable law or any provision of this grant shall constitute grounds for suspension or termination thereof. g. 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. h. The holder shall construct, operate, and maintain the facilities, improvements, and structures within this right-of-way in strict conformity with the plan of development which was approved and made part of the grant on October 25, 2007. 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 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. i. Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by 000535 3 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. j. 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. k. 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 re-growth of vegetation. I. The holder shall seed all disturbed areas, using an agreed upon method suitable for the location. Seeding shall be repeated if a satisfactory stand is not obtained as determined by the authorizing officer upon evaluation after the growing season. m. The holder shall seed all disturbed areas with the seed mixture listed below. The seed mixture shall be planted in the amounts specified in pounds of pure live seed (PLS)/acre. There shall be no primary or secondary noxious weed seed in the seed mixture. Seed shall be tested and the viability testing of seed shall be done in accordance with State law(s) and within nine months prior to purchase. Commercial seed shall be either certified or registered seed. The seed mixture container shall be tagged in accordance with State law(s) and available for inspection by the authorized officer. Seed shall be planted using a drill equipped with a depth regulator to ensure proper depth of planting where drilling is possible. The seed mixture shall be evenly and uniformly planted over the disturbed area. (Smaller/heavier seeds have a tendency to drop to the bottom of the drill and are planted first. The holder shall take appropriate measures to ensure this does not occur.) Where drilling is not possible, seed shall be broadcast and the area shall be raked or chained to cover the seed. When broadcasting the seed, the pounds per acre noted below are to be doubled. The seeding will be repeated until a satisfactory stand is established as determined by the authorized officer. Evaluation of growth will not be made before completion of the second growing season after seeding. The authorized officer is to be notified a minimum of ten days prior to seeding of the project. Seed mixture may be selected from information found at: http://www.pinedaleonline.com/brochuresmaps/seedm ixbrochure. pdf Pure Live Seed (PLS) formula: % of purity of seed mixture times % germination of seed mixture = portion of seed mixture that is PLS. n. The holder shall seed all disturbed areas, using an agreed upon method suitable for the location. Seeding shall be repeated if a satisfactory stand is not obtained as determined by the authorizing officer upon evaluation after the growing season. 000536 4 o. 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. p. All permanent above ground structures not subject to safety requirements shall be painted to blend with the natural color of the landscape. The color selected for this project shall match Carls bad Canyon 2.5 6/2, or be an acceptable substitute pre-approved by the local manager. Standard environmental color charts are available from the local BLM Office. q. 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 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 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 and dates (;'Oû537 5 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. r. The holder of Right-of-Way No. WYW-171023 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 right-of-way (unless the release or threatened release is wholly unrelated to the right-of-way holder's activity on the right-of-way). This agreement applies without regard to whether a release is caused by the holder, its agent, or unrelated third parties. s. Except rights-of-way expressly authorizing a road after construction of the facility is completed, 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. t. 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. OF, The undersigned agrees to the terms and conditions of this grant. (Signature of Holder) ~~or ~V\l~~ (Title) - --1Ð /~b/:lO(\ 7 I "(Date) ( . er) fl'eM ~y- -(Title), lo/2~'¡D7 (Effective Date of Grant) EXHIBIT "A" WYW-171 023 October 25,2007 r-· , ,. <- ~, í':'" ,...,) ...."., .,,;., . - - Blackjack #65-13 Well Connect Gas Gathering Line Application , ' - ,... .' ,- .:ç C;;Oô538 I. PROJECT DESCRIPTION The burled 6 inch steel pipeline will head In a Southeasterly direction from the proposed Blackjack #65-13 well that Is staked in the NEV4NEV4 of Section 13, Township 22 North, Range 113 West to a portion of a proposed pipeline that Is staked in the NWV4 of Section 18, Township 22 North, Range 112 West, of Lincoln County, Wyoming, The total length of the ROW is approximately 2,720 feet, of which 2,720 feet are on Federal lands. A 50 foot wide corridor is requested for construction, operational and maintenance purposes, containing ±3,122 acres, The pipeline will consist of a 6 inch pipe, 0.188 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 valving and metering. All permanent above ground facilities, piping, and valving will be a flat, non-contrasting color harmonious with the surrounding landscape. Present warehouse stock colors comprise of Carlsbad Canyon (2.5Y 6/2) or Shale Green (5Y 4/2), II. RECONNAISSANCE AND LOCATION Reconnaissance reveals that the route selected was the most practical route in relation to the well/ocatlon 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 ROW users of Mountain Gas Resources, Inc. '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. ill C' (' " IV. DESIGN 000539 The design, construction, engineering, maintenance and inspection of the proposed pipeline will be directed by Mountain Gas Resources, Inc, personnel. V, CONSTRUCTION All design, material, and construction, operation, maintenance, and 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. Mountain Gas Resources, Inc. 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. 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 wet to adequately support construction equipment. Construction activities will not be allowed until soil 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: Five (5) 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 " " r\./ IV ' " ....... ... ' ","', ,~' '. ' ..':..... .... "¡;;-. co':- _, f" . "',~ (~, .' . , ... ..... (' c ØOû540 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. A minimum of the top six inches of soil, 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 accroved in writina bv the authorized officer Mountain Gas Resources, Inc. will use a brush hoa to cut down veaetatlon. such as saae brush within as much of the ROW as is needed. no tocsoll will be bladed to the side of the ROW. Excect In cases where veaetation is too dense to be removed or in the interest of crovidina a safe workina 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 soli 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 plied 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. 2 Welding Trucks b, 1 Tractor Trailer c. 1 Two Ton Truck d. 5 Pickup Trucks e. 1 Seed Driller and Tractor (If applicable) f. 1 Rubber Tired Backhoe g, 1 Trackhoe h, 1 Side Boom I, 1 Trencher j, Caterpillar Dozer t·,. c.~~ '- {....,~ (:.,' "..,' ".' f\j ... .. -;.... -. ... . - - '. , , ~.' ", .r.-- ....- .~'..... 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 v c c-·· OOG541. reportable quantity as established by 40 CFR Part 117.3 shall be reported as required by the Comprehensive Environmental Response, Compensation, and Liability Act, Section 102 B. A copy of any requested report required by any Federal or State agency of a reportable release or spill of any hazardous material shall be furnished to the authorized officer within 5 working days of 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 sea.) 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.6901gt 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, or 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 replacement of the portion of the pipeline may be necessary. Detailed line break and emergency procedures are used as routine operational procedures of Mountain Gas Resources, Inc.. The holder shall conduct all activities associated with the construction, operation, and termination of the ROW within the authorized limits of the ROW. r-";,.1 :--..... /\ to . /' ~ uVI '\. .~ ..:.:.. . .::--. "- '. ......... ..: c c VII STABILIZATION AND ABANDONMENT 000542 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 Soecies Western wheatgrass Thicksplke wheatgrass Indian Rlcegrass Shadscale saltbush Globemallow Total Salin Lowlands SeedMix Soecles Western wheatgrass BottJebrush squlrreltall Gardner saltbush Indian ricegrass Total Wet Meadow/Marsh Seed Mix Soecies Alkali sacaton Nebraska sedge Tufted hairgrass Alkali grass Total Varletv Drill Seedlno Rate Rosanna Critana Nezpar 6 Ibs/acre PLS 6 Ibs/acre PLS 3 Ibs/acre PLS 3 Ibs/acre PLS 0.5 Ibs/acre PLS 18.5 Ibs/acre Varletv Rosanna Drill Seedino Rate 6 Ibs/acre PLS 3 Ibs/acre PLS 2 Ibs/acre PLS 4 Ibs/acre PLS 15 Ibs/acre Variety Drill Seedino Rate 3 Ibs/acre PLS 1 I bs/acre PLS 2 Ibs/acre PLS 4 Ibs/acre PLS 10 Ibs/acre f'.. (""- . <, ...... .. .~ . : '. ,~,.) :\) ..~, ........ - - '. ~r;:-. ...." ./:'- vn (' (-. 000543 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 information deemed necessary, Mountain Gas Resources, Inc, will be responsible for weed control on the disturbed areas within the established limits of the ROW. Mountain Gas Resources, Inc, will coordinate with the authorized officer or local authorities, to obtain acceptable weed control methods for the disturbed areas within the ROW limits, Mountain Gas Resources, Inc. will obtain any necessary authorization to abandon the faclJlties 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. Re-gradlng and re- vegetation of disturbed land areas (if applicable) will be completed as necessary. Blackjack #65-13. r--.... L.. . ..:~. .. "- .. I',) .-'.J _. ". -" .,.- - - ..!:- ....- VIII ¡ t ; ~,./' '\,~\~. ,_,L-, ,~.' ,'~ ~, t.~ < \. .L \--1 ( :"!'-. 0005421 " t'~ ,. ,- ) ~:~ti;~,- . i+~~ ~.." to -... \ '" " ..._) I EXHIBIT "B" WYW-171 023 October 25,2007 ...._-~_. ".- , . " Iw,"4 þ04' ~$ ....:..-;~.~.~;.:::.. .,/ - , :> .. ··;';·~AII'rt.r K ,., 1i-.);........ .,..d',,'.,...., ..' . . ..,/ Jtf" ~"'. _ .~.... ._~ . I!~.., .... 'W ", ... ,. , .." ..If?-::·:'·· \.<~"_......,'~, ....... ~. .,- . ....J \I........·~"J--'V... " 1414 ELK ST., SUITE 202 ROCK SPRINGS, WY 82901 (301) 962-5028 PROPOSED PIPELINE FOR MOUNTAIN GAS RESOVRCES, INC. TOTAL PROPOSED LENGTH: 2719.8'i: EXISTING ROAD TOPO MAP PROPOSED PIPELINE - - - - - - - B