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HomeMy WebLinkAbout873669R E"' V, E C O Ui" "f Y rK ii~~r~ R 2 9 J"--;~~'a~- ~WYW-122518 2800 (090) n i' fO'Nfl G September 3, 1999 CERTIFIED MAIL Z 264 923 288 RETURN RECEIPT REQUESTED - B®OI~ PR PAGE J DECISION Mr. Mike Todd Mountain Gas Resources Inc. Right-of-Way WYW-122518 20 Shoshone Avenue, Suite D Hams Fork 25-3 Pipeline Green River, WY 82935 Additional Pipeline Authorized Right-of-Way Amended Rental Determined Mountain Gas Resources, Inc. is the holder of Right-of-Way Grant WYW-122518. This right-of-way grant authorizes rights-of-way for natural gas pipelines in the Shute Creek/Cow Hollow area, pursuant to the Mineral Leasing Act, as amended. Mountain Gas Resources, Inc. has requested authorization for a right-of-way for a 44 natural gas pipeline to the Hams Fork 25-3 well, 1,777 feet long and 50 feet wide, located on the following federal lands: 6th Principal Meridian, Lincoln County, Wyoming. T. 22 N., R. 113 W., section 25, NEI/.NEIA; 26, NW~ANW~/o. The requested right-of-way is approved as an amendment to Right-of-Way WYW-122518, subject to the same terms and conditions of the original grant, as amended, with the following additional stipulations: 1. 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 September 3, 1999. 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 an immediate temporary suspension of activities if it constitutes a threat to public health and safety or the environment. 2. 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. 3-?. C~ "I 1 .l 21 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. 3. 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. 4. The holder shall be responsible for weed control on disturbed areas within the limits of the right-of- way. The 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). The facilities authorized under Right-of-Way WYW-122518 are rights-of-way for natural gas pipelines, 372,290.88 feet long and 50 feet wide, total acres 427.31. See attached list of pipeline names and dimensions. These pipeline rights-of-way are located on the following federal lands: Si)Qh Principal Meridian, Uncoln and Sweetwater Counties, Wyoming T. 21 N., R. 111 W., section 18, lots 5, 6, SEIANWIA; T. 22 N., R. 111 W., section 5, lots 6, 7, S%NWY4; 6, lots 10, 11, SEIANWY4, S%NE34. T. 23 N., R. 111 W., section 29, S'hS'h; 30, lots 7, 8, SEY4SWIA, S'rzSE34; 31, lot 8, NWIANEY4, NEIANWY4; 32, NEV4NE'A, S'f2SEl4; 33, W'hNE'/a, N'hNW'A, SW'/4SW'A, N%SW'k, NW'ASEY4; 35, SEY4NW'A. T. 21 N., R. 1 12 W., section 2, SWY4NW'A, N'hSWY4, SEIASWIA 4, lots 7, 8, S%NE'r4, SE'/4NWY4 6, lots 8-11; 12, W%SW'/a, SEIASWY4. 18, lots 6,7,8, SEIASW'/a; 30, N'hNEY4, SWY4NE'/4. T. 22 N., R. 112 W., section 1, lots 6, 7, 8, SW'/4NWIA, NWY4SW34; 2, lot 6, S'/2NEY4, E%SW?4, SEA; 9, S'hSWY4, N%SEY4, SWIASE'k; 10, NE'/4, E%NWY4, SWY4NW'A, NW'ASW'/4, N%SE'/4; M 2 08¢736u~ 11, N%, SEY4NWY4, NWY4SWY4, SEY4; 12, SWY4SWY4; 13, NWY4NEY4, N'hNWY4; 14, NWY4NEY4, NEUNW'k; 16, NW'kNW34; 17, NEY4, S'/zNW'k, NWY4SWY4; 18, lot 8, SEY4SW'k, SWIASEY4, E'hSEY4; 19, lot 5, N%NE'k, NE'kNWY4; 30, lots 5, 6, 7, E%NW34, NEIASW',4; 32, S1/2S%; 34, EYZSEY4. T. 23 N., R. 112 W., section 14, N'ASEY4, SEIASEIA; 18, SYhSEY4; 19, NEY4NEY4; 20, N%N'/z, SW34NE34, N%SEYO, SE',4SE'k; 21, NWY4NWY4; 23, E'r2; 25, SWY4NE34, SWY4NWY4, NW'kSWY4, S%SWY4, N'r2SE'A, SWY4SEY4; 26, W'hNEY4, NWY4SEY4, S%SE'A; 27, S%NEY., N%S%, SEY4SEY4; 28, SYzNWY4, NEY4SWY4, S%SW'k, SEY4; 29, E'r4NEY4; 31, lots 5, 8, 9, 10, N%NEY4; 32, N%N%; 33, N%N%, S'hNE'kNEY4, SEMEY4, SEY4NEY4SWY4, NEY4SWY4SW'k, N%SE'ASW34, NW'r4NEY4SE'A, NW',4SE',4; 34, E%NEY4, S%NEY4, W'hNWY4, SEY4NWY4, E%SE',4; 35, NEY4NEY4, W'hNEY4, S%NWY4, NEY.SWY4, SE14; 36, NWY4NEY4, SE34NWY4, N%SWY4, SMIA, NWYaSEY4. T. 20 N., R. 1 13 W., section 14, NEY4SEY4. T. 21 N., R. 1 13 W., section 2, lot 1, S%Nlh, NWY4SWY4; 4. SEUSEY4; 12, lot 4, W'/2W%, SEIASWY4, SW34SEY4. T. 22 N., R. 1 13 W., section 12, SWY4SEY4; 13, lot 4, WY2NEY4, SEIASWY4, W'/2SEY4; 14, SWUNEY4, SEIANWY4, N%SW'b, SEIASW34; 23, W%NE'/, SEY4NEY4, NEY4NWY4, N'/2SWY4, SEY4SWY4, SEY4; 24, lot 1, W'hNE'A, SEI/4NW'b, SWY4, SWUSE'k; 25, lot 1, W%NEY4, NW34NW, SE34NWY4, NEY4SW'k; 26, NEY4, N'hNWY4, S'/2; 27, NEY4NEYa; 34, SEY4SE'A; 35, NWY4NEY4; 36, lot 38. 3 T. 23 N., R. 113 W., section 36, lots 7, 8, 13. This amendment has the same expiration date as the original grant, December 31, 2021. The rental for linear rights-of-way is determined according to regulations found at 43 CFR 2803.1-2. The rental for Right-of-Way WYW-122518 has been paid through December 31, 1999. Rental has been requested for this amendment for the period September 3, 1999 through December 31, 1999. This amount is $4.76. An advance payment of $4.76 has been received. All subsequent rental payments for the entire grant will be due at the beginning of the calendar year starting January 1, 2000 and thereafter annually. Future billings will reflect the latest adjusted schedule as published in the Federal Register. This decision may be appealed to the Interior Board of Land Appeals, Office of the Secretary, in accordance with the regulations contained in 43 CFR, Part 4 and the enclosed Form 1842-1. If an appeal is taken, your notice of appeal must be filed in this office (at the above address) within 30 days from receipt of this decision. The appellant has the burden of showing that the decision appealed from is in error. If you wish to file a petition pursuant to regulation 43 CFR 4.21 (58 FR 4939, January 19,1993) or 43 CFR 2884.1 for a stay of the effectiveness of this decision during the time that your appeal is being reviewed by the Board, the petition for a stay must accompany your notice of appeal. A petition for a stay is required to show sufficient justification based on the standards listed below. Copies of the notice of appeal and petition for a stay must also be submitted to each party named in this decision and to the Interior Board of Land Appeals and to the appropriate Office of the Solicitor (see 43 CFR 4.413) at the same time the original documents are filed with this office. If you request a stay, you have the burden of proof to demonstrate that a stay should be granted. Standards for Obtaining a Stav Except as otherwise provided by law or other pertinent regulation, a petition for a stay of a decision pending appeal shall show sufficient justification based on the following standards: 1. The relative harm to the parties if the stay is granted or denied, 2. The likelihood of the appellant's success on the merits, 3. The likelihood of immediate and irreparable harm if the stay is not granted, and 4. Whether the public interest favors granting the stay. Jeff Rawson Field Manager Enclosures BLM Form 1842-1 4 EXHIBIT A WYW-122518 September 3, 1999 Os aGfj~) PLAN OF DEVELOPMENT TO ACCOMPANY Hams Fork 25-3 Well Connect GAS GATHERING LINE APPLICATION` a rte. yr'd I. PROJECT DESCRIPTION The buried 4 inch steel pipeline will head in a westerly direction from the Hams Fork 25-3 well, located in the Northwest quarter of Section 25, Township 22 North, Range 113 West to connect into an existing right-of-way in the Norheast quarter of Section 26, Township 22 North, Range 113 West, Lincoln County, Wyoming. The total length of the right-of-way is approximately 1777 feet, of which 1777 feet are on Federal lands. A 50 foot wide corridor is requested for construction, operational and maintenance purposes. The pipeline will consist of a 4 inch pipe, 0.156 inch wall thickness, Grade X-42 pipe with a maximum operating pressure of approximately 1200 psig. 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 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 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 right of way users of Mountain Gas Resources, Inc.'s proposed pipeline crossings or overlaps on the grounds occupied by the affected right of way users. Any associated road and utility permits will be secured from the appropriate regulatory agency prior to construction. (')h'73c9 '7 16 All equipment and vehicular access into the pipeline project will be confined to existing roads and the established right of way corridor. No major reconstruction or rerouting of these roads is intended. IV. DESIGN 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. 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 right of way. Pipeline construction will commence when all permits and right of way documents have been secured. Mountain Gas Resources, Inc. will notify the authorized officer 2 to 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. Construction of the proposed pipeline will occur in a planned sequence of pipeline operations along the route. The construction period will last approximately 2 weeks. All construction materials will be hauled to the job by truck, as needed, and strung along the right of way 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 right-of- 2 087 3669 71'7 way. A motor grader with a blade will be used to knock down vegetation, such as sage brush within as much of the fifty foot right-of-way as is needed to provide a safe working area. A wheel trencher will be used to dig the trench, 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 right-of-way 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 right-of-way and spread back over the area from which it was taken, after the final grading. Before seeding any disturbed areas (if applicable), the, right of way 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 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 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 3 M M M 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 right of way or on facilities authorized under this right of way 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 right of way 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 sec. or the Resource Conservation and Recovery Act of 1976, 42 U.S.C.6901 et secy.) 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 applied without regard to whether a release is caused by the holder, its agent, or unrelated third parties. 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 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, right of way condition, unauthorized 4 encroachment on the right of way 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.. After construction is completed, the pipeline will be hydro-tested using water from the Green River. The procedure consists of pressurizing incremental segments of the pipe to not less than 1.1 times its designed operating pressure. The test period will bee 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. 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. VII STABILIZATION AND ABANDONMENT Following the completion of the pipeline test, the right of way 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 recontoured 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 lbs/acre PLS Thickspike wheatgrass Critana 6 lbs/acre PLS Indian Ricegrass Nezpar 3 lbs/acre PLS Shadscale saltbush 3 lbs/acre PLS Globemallow .5 lbs/acre PLS Total 17.5 lbs/acre Saline Lowlands. Seed Mix 5 0817 3669 Species Variety Drill Seedina Rate Western wheatgrass Rosanna 6 lbs/acre PLS Bottlebrush squirreltail 3 lbs/acre PLS Gardner saltbush 2 lbs/acre PLS Indian ricegrass 4 lbs/acre PLS -Total 15 lbs/acre Wet Meadow/Marsh Seed Mix Species Variety Drill Seeding Rate Alkali sacaton 3 lbs/acre PLS Nebraska sedge 1 lbs/acre PLS Tufted hairgrass 2 lbs/acre PLS Alkali grass 4 lbs/acre PLS Total 10 lbs/acre I 20 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 right of way. Mountain will coordinate with the authorized officer or local authorities, to obtain acceptable weed control methods for the disturbed areas within the right of way limits. Mountain will obtain any necessary authorization to abandon the facilities from the appropriate regulatory agency. The pipeline and all aboveground pipeline facilities will also 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. 6 J EXHIBIT B WYW-122518 ~;-lember 3, 1999