HomeMy WebLinkAbout877533 FORM 2800-14 8 "~] 7 5 3 3
;.. ,,...., Issulr~ Otff e
(August 1985)
KEMMERER FIELD OFI~ICE
t t;~~ ~, ~: ~ ~. , ,, ,
UNITED STATES "':-
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT
SERIAL NUMBER WYW-151121
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.
2. Nature of Interest:
a. By this instrument, the holder:
Mountain Gas Resources, Inc.
12000 Nodh Pecos Street
Denver, CO 80234-3439
receives a right to construct, operate, maintain, and terminate a(n) R~ for a 6" gas pipeline from the Opal
Fee 20-18 well, on Federal lands described as follows:
6th Principle Meridian, Lincoln County, Wyoming
T. 20N. R. 112W.,
section 8: NE~SW~A, SY~SW~, NF~SE~
b. The right-of-way area granted herein is 50' feet wide, 4014' feet long and contains 4.61 acres, more or less.
c. This instrument shall terminate on December 31, 2031, 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.
3. RentalF "
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.
"'i ·:
683
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4. Terms and Conditions:
a. This grant is issued subject to the holder's compliance with ail applicable regulations contained in Title 43
Code of Federal Regulations part 2880.
b. Upon grant termination by the authorized officer, ali improvements shall be removed from tile Federal lands
within 90 days, or otherwise disposed of as provided in paragraph (4)(c) or as directed by the authorized
officer.
c. The stipulations, plans, maps, or designs set forth in Exhibit A & B, dated October 4, 2001, 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. 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.
e. 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.
f. The holder shall construct, operate, and maintain the facilities, improvements, and structures within this
right-of-way in strict con¢ormity with the plan of development which was approved and made part of the grant
on October 4m 2001. 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.
g. 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.
h. The Holder shall be responsible, for total control of all invasive/noxious weed species on any and all
disturbed sites. The Holder is responsible for consultation with the Authorized Officer and/or local
authorities for accepta~ble weed control methods, and shall comply with the following:
Use of pesticides/herbicides shall comply with all applicable Federal and State laws. Pesticides/herbicides
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/herbicides, the Holder shall obtain from the Authorized
Officer, written approval of a Pesticide/Herbicide 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/herbicide certification training and have
a current up to date Certified Pesticide/Herbicide Applicator's License.
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Pesticide/Herbicide 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
Amount of sur~actants o.r dyes used in spraying operation
,.,
The record information must be recorded no later than 14 days following the pesticide/herbicide application
and must be maintained for ten years.
i. Construction, drilling, and completion activity as well as other surface disturbance will be prohibited during
the period from November 15 to April 30 for the protection of big game winter range.
Any exceptions to this requirement must have prior written approval from the authorized officer.
j. 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 WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant.
~nature of Holder) ( S,~.,/L,.a '~t h-o~.i:~ e d ~ f~-i c e r)
x/4
(Title) (Title)
lbl,(~/'O/'' October 24 2001
I - '
, (Date) (Effective Date of Grant
WYW- 151121
i~ EXHIBIT A
~L:.~,., ¥!:~ OCTOBER 4, 2001
PLAN OF DEVELOPMENT
TO ACCOMPANY S ~ ,5
Opal Fee 20-18 Well Connect
GAS GATHERING LINE APPLICATION
I. PROJECT DESCRIPTION
The buried 6 inch steel pipeline will head in a easterly direction from Opal Fee 20-18 well,
located in the Northeast quarter of Section 18 Township 20 North, Range 112 West to a
pipeline in the Southeast quarter o~f Section 8~ Township 20 North, Range 112 West, Lincoln
County, Wyoming. ~'
The total length of the right-of-way is approximately-64-t~-feet, of which-5-32--2 feet are on
Federal lands. A 50 foot wide corridor is requested for construction, operational and
maintenance purposes.
The pipeline will consist ofa 6 inch pipe, O. 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.
Ail 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 0roes; 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-way. A
motor grader with a blade wil_l be used to knock down vegetation, such as sage brush
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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 ~o 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 pro. iect:
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 co, nstruction project;
however if toxic substances are required, usage shall conform witli 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 Resp6nse, 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 fi~rnished to the authorized officer
within 5 working days of the occun'ence 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 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 concu?ent with the
filing of the reports to the involved Federal agency or State governmen,..t.
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, e~t 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 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 s'tructures 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 fi-orn 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 routineb; patrolled and inspected by foot or by vehicle to check
for problems such as 5rosion, right of way condition, unauthorized 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..
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WYW-151121
EXHIBIT B
OCTOBER 4, 2001
_.~
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R PROPOSED PIPELINE FOR
IFF/N & ASSOCIATES,/NC. MOUNTAIN GAS RESOURCES
OPA~ FEE 20-18
1.414 ELK ST., SUITE202 SCALE: 1"= 2000' TOTAL PROPOSED LENGTH: 6472'
ROCK SPRINGS, WY 8290'1 ,,IDB No, 7243 EX/STiNG ROAD TOPO MAP
(307) 362-5028 DATE: 414101 PROPOSED PIPELINE B