HomeMy WebLinkAbout9499051~ ~5
FORM 2800-14
(August 1985)
Issuing Office
KEMMERER FIELD OFFICE
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT
SERIAL NUMBER WYW 171091
001.d ass
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).
2. Nature of Interest:
a. By this instrument, the holder:
Mountain Gas Resources, Inc.
20 Shoshone Ave.
Green River, WY 82935
receives a right to construct, operate, maintain, and terminate a 6" natural gas pipeline for
the Grynberg 14-31 well, on Federal lands described as follows:
Sixth Principle Meridian, Lincoln County, Wyoming
T. 23 N., R. 111 W.,
Section 31, SW%SW%.
b. The right-of-way area granted herein is 50 feet wide, 80 feet long and contains .09 acres,
more or less. ,A.
C. This instrument shall terminate on December 31, 2037; 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-way shall be subject to the
regulations existing at the time of 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 account of the expiration, or prior termination, of the grant.
RECEIVED 10/7/2009 at 2:53 PM
RECEIVING # 949905
BOOK: 733 PAGE: 360
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
361
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:
a. This grant is issued subject to the holder's compliance with all applicable regulations
contained in Title 43 Code of Federal Regulations part 2880.
b. Upon grant termination by the authorized officer, all improvements shall be removed from
the Federal lands within 90 days, or otherwise disposed of as provided in paragraph (4)(c)
or as directed by the authorized officer.
cf
C. The stipulations, plans, maps, or designs set forth in Exhibits A and B, dated August 6,
2008, 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.
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 right-of-way or permit granted herein may be
reviewed at any time deemed necessary by the authorized officer.
e. Failure of the holder to comply with applicable law or any provision of this right-of-way grant
shall constitute grounds for suspension or termination thereof.
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 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 August 6, 2008. 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.
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.
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.
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
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 two years.
Use of herbicides on public lands must comply with the labeled use as specified and
outlined for each individual herbicide label.
In the event that the public land underlying the right-of-way (ROW) 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
C: V'D03 3
regulations, including the regulations at 43 CFR Part 2800 or 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.
k. No surface disturbing activities shall take place on the subject right-of-way until the
associated APD is approved. The Holder will adhere to special stipulations in the Surface
Use Program of the approved APD, relevant to any right-of-way facilities.
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.
M. The Holder shall re-contour the disturbed area and obliterate all earthwork by removing
embankments, backfilling excavations, and grading to re-establish the approximate original
contours of the land in the right-of-way.
n. Construction activity and surface disturbance will be prohibited during the period from
November 15 through April 30 for the protection of crucial big game winter range.
Construction activity and surface disturbance will be prohibited during the period from
March 15 through July 15 for the protection of Sage Grouse Nesting/Brood-rearing habitat.
o. 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.
IN WITNESS HEREOF The undersigned agrees to the terms itions o th' ight-of-way grant.
E►~f(iVl
(Signature of Holder) ( ignature of Authorized Officer)
(Title) (Title)
008 r5 DS
(Da ) (Effective Date of Grant)
Exhibit A
WYW-171091--. -
PLAN OF DEVELOPMENT
To Accompany
Grynberg #14-31 Well Connect
Gas Gathering Line Application
I.
II.
III.
PROJECT DESCRIPTION
August 6, 2008
v364 ;
The buried 6 inch steel pipeline will head in a Southerly direction from the proposed
Grynberg #14-31 well that is staked in the SW1/4SWYa of Section 31, Township 23 North,
Range 111 West to a portion of an existing pipeline that is also in the SW'/4SW'/4of Section
31, Township 23 North, Range 111 West, of Lincoln County, Wyoming.
The total length of the ROW is approximately 180 feet, of which 180 feet are on Federal
lands. A 50 foot wide corridor is requested for construction, operational and maintenance
purposes, containing ±0.2.07 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).
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.
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.
1H
IV. DESIGN 6
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 x
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 I-A-11th thp nnrmal use of the land crossed by the ROW. A motor
IV
()13766
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 piled on the side of the ROW and 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 Mountain Gas Resources, Inc. 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 ROW and 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:
r. ,
a.
1 Welding Truck
b.
1 Tractor Trailer
c.
1 Two Ton Truck
d.
5 Pickup Trucks
c.7
e.
1 Seed Driller and Tractor (if applicable)
f.
1 Rubber Tired Backhoe
g.
1 Trackhoe
h.
1 Side Boom
`
L
1 Trencher
j.
Caterpillar Dozer
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
IV
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.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, 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.
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
ROW and 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.
VI
VII STABILIZATION 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.
Upland Sites Seed Mix
Species Variety Drill Seeding Rate
Western wheatgrass
Rosanna
6 Ibs/acre PLS
Thickspike wheatgrass
Critana
6 Ibs/acre PLS r:
Indian Ricegrass
Nezpar
3 Ibs/acre PLS
Shadscale saltbush
3 Ibs/acre PLS
Globemallow
0.5 Ibs/acre PLS
Total
18.5 Ibs/acre
Salin Lowlands SeedMi
Species
Variety
Drill Seeding Rate
Western wheatgrass
Rosanna
6 Ibs/acre PLS
Bottlebrush squirreltail
3 Ibs/acre PLS
Gardner saltbush
2 Ibs/acre PLS
Indian ricegrass
4 Ibs/acre PLS
Total
Wet Meadow/Marsh Seed Mix
Species
Alkali sacaton
Nebraska sedge
Tufted hairgrass
Alkali grass
15 Ibs/acre
Varie Drill Seeding Rate
3 Ibs/acre PLS
1 Ibs/acre PLS
2 Ibs/acre PLS
4 Ibs/acre PLS
Total 10 Ibs/acre
VII
C--; 0 6 3 6 9
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
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. Re-grading and re-
vegetation of disturbed land areas (if applicable) will be completed as necessary.
Grynberg #14-31.
c.~
7
Ci ;
-j
VIII
Fxhibit B
71091
August 6, 2008
yC - L
-41
I
w
-'c
Lov
`
Ic i.,
'
'
,
`
a,,
.
RAINBOW 1-30
'r , .:•_C
61-...
.1: 01"E
.
r r i " ::+i.'.;'. si Al
i
W 1-30
' ~~_:s'. i.';.•"• #8 1 STORM SHELTER
d Drill 14
~
1
` t
•
/
y
:L
i M.
C W`MOLL
+7''
,.-•T.-._. 1153_ >7ti .';,.a. - } )'',1f, :
.
~e
7P.~.~.~ 674/
2000.. .
' 1.. _r `~a!.•~`~~ .e ~h~3 .tom
I 'r ! Y 'r nY S%. y.<
GRVNBER'-I- , ~tJU 714 {"ED
lv
t
IS"'-' e
p' tiali.S- J2'- '•r;. , USA'
-
~
6,
ALLOW
d r'-
'
6 53,
r''
`
f
f
I 7
:
;
f
- _
{
'
sw.
J"
f''
I
N
c,. /jam ,,r~`~i !
f•-.- R~
BA ~R.
'
.
,
r
t ~
.
. ; ' _ _
~ ,
:
i f- : J BEG s VEI'
COIYMOLLOW`UN/TBOUNDARY t la I tB .'F 3r ,f" .5. T23
'
~
r
^
~
i..~- J_r_.■ _ 7
GS(N YS` : I
1
p
' i
+
665' `.b
#
.
-
~
Y
`
29
i. ! .r • ~ +r fl
,
a iI
,i• r
}
it
_ •~i
~p : I *<.r f'.. _ :.i'. '•-.'T=.--•--~--`.",-_'-'i~ HARRfNGTON
R7
Y
N~0W' 1•
!
END ~[JRVEYA •i'
i
i SH
f " ^
:
:
,
,
. - 413
k5
'
■ ■ ■ '
FYI,S'TING MGR
: • r .
-'F
PIPELINE
:
'
'
r
/.s t,
-rr `-1. ri~
i Il r
r
~7... _
. r' y .•j•'J
S CRK t •
r''
.
.
i
. -
I
:
i
`
'
,
. .
;!j
t
~:•y rr;
4AINBQV FED 1~~`...,
'q4 ! -
'r r-=J,' tNAR GTON
• 1
} r ! t III, 2
r 1' a
UT5SC.RI@ f-+?
19
i~`• (~t` t 1'
477
v .r "I - \ h• T' w,;,~::a~' ~ .rn i
l
.
r.
`
"
x
`
't
r:r•;t
' I, , ?•-s. _
-I[31Y+1• ~
r,..,i` `-ai,~
. SHUTE CRK SHUTE CR
t #27
°.r,+, - `AIM .'j, \
•.r,,.•• _ r.~~%. .J; t t
'•,•F) j 1,-..
r'" I 'i`ii
-
_
\ SHUT II~ 'ti 4_ .-yP ft
jv,
- SHUTE"CRK..
54
-MNELLE
PROPOSED PIPELINE
RIFFIN &A SSOCIA TES, INC.
FOR
(307)3825028 1414 ELK ST., ROCK SPRINGS, WY 82901
MOUNTAIN GAS RESOURCES
INC
DRAWN: 6111107- KRH
SCALE. 1--2000'
,
.
REVISED. N/A
DRG JOB No. 15475
TOTAL PROPOSED LENGTH: 180.3'#
TOPO
TOPO MAP B
PROPOSED PIPELINE- - - - - ■ EX/STING ROAD