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HomeMy WebLinkAbout877534 (2) FORM 2800-14 Issuing Office (August 1985) Rock Springs Field Office UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LANDMANAGEMENT RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT SERIAL NUMBER WYW152512 1. A right-of-way is hereby granted pursuant to section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.Cb.185) . 2. Nature of Interest: a. By this instrument, the ho1~:753 Mountain Gas Resources, Inc 12200 North Pecos Street .[: ....,.~ ..... PR ..... Denver, CO 80234-3439 receives a right to construct, operate, mainZain, and terminate a 4" buried gas pipeline (NSA 24-14A), on public lands described as follows: Sixth Principal Meridian, Sweetwater County, Wyoming T. 25 N., R. 112 W., section 24: SE~SW~. b. The right-oflway or permit area granted herein is 50 feet wide, 43 feet long and contains 0.05 acres, more or less. c. This instrument shall terminate 30 years from its effective date, unless,, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. This instrument may be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of the renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. e. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the gran~. 3. Rental For and in consideration of the rights granted, the holder agrees to pay the Bureau ef Land Hanagement fair market value rental as determined by the authorized officer unless specifically exempted from such payment by r~gulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable and feasible, in accordance with comparable commercial practices. 4. Terms and Conditions: a. This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Pederal Regulations par~ 2800. b. Upen grant termination by the authorized officer, all improvements shall be removed {rom the public lands within 90 days, or otherwise disposed of as provided in paragraph (4) (d) or as directed by the authorized officer. c. The stipulations, plans, maps, or designs set forth in Exhibits A and B, dated April 10, 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 or permit 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 contact the authorized officer at least FIVE days prior to the anticipated start of construction and/or any surface disturbing activities. The authorized officer may require and schedule a preconstruction conference with the holder prior to the holder's commencing censtruction and/or surface disturbing activities on the right-of-way. The holder and/or his representative shall attend this conference. The holder's contractor, or agents involved with construction and/or any surface disturbing activities associated with the right-of-way, shall also attend this conference to review the stipulations of the grant including the plan(s) of development. g. The holder shall'censtruct, operate, and maintain the facilities, improvements, and structures within this right-of- way in strict conformity with the plan(s) Of.development which was (were) approved and made part of the grace on Hay 10, 2001 Any relocation, additional conStrmction, or use that is not in accord with the approved plan(s) of development, shall not be initiated without the prior written approval of the authorized officer. A copy of the complete right-of-way grant, including all stipulations and approved plan(s) of development, shall he made available on the right-of-way area during construction, operation, and termination to the authorized efficer. Noncompliance with the abeve will be grounds fer an immediate temperary suspension of activities if it constitutes a threat to public health and safety or the environment. h. The holder shall designate a representative(s) who shall have the authority to act upon and to implement instructions from the authorized officer. The holder's representative shall be available for communication with the authorized officer within a reasonable time when construction or other surface disturbing activities are underway. i. Any cultural and/or paleontological resource (historic of prehistoric site or object) discovered by the holder, or any person working on his behalf, on public or Federal land shall be immediately reported to the authorized officer. Holder shall suspend all eperations in the immediate area of such discovery until written authorization to proceed is issued by the autherized officer. An evaluation of the discovery will' be made by the authorized officer to determine appropriate actions te prevent the less ef significant cultural or scientific values. The helder will be responsible for the cost of evaluation and any decisien as to proper mitigation measures will be made by the authorized officer after consulting with the holder. j. Use of pesticides shall comply with the applicable Federal and state laws. Pesticides shall be used enly in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, the holder shall obtain from the authorized officer written approval of a plan showing the type and quantity of material to be used, pest(s) to be controlled, method of application, location of storage and disposal of containers, and any other information deemed necessary by the authorized officer. Emergency use of pesticides shall be approved in writing by the authorized officer prior to such use. k. The holder shall be responsible for weed control on disturbed areas within the limits of the right-of-way.~ The holder is responsible for consultation with the author{zed officer and/or local authorities for acceptable weed control methods (within limits imposed in the grant stipulations). 1. The holder shall protect all survey monuments found within the right-of-way. Survey monuments include, but are not limited to, General Land Office and Bureau of Land Management Cadastral Survey Corners, reference corners, witness points, U.S. Coastal and Geodetic benchmarks and triangulation stations, military control monuments, and recognizable civil (both public and private) survey monuments. In the event of obliteration or disturbance of any of the above, the holder shall immediately report the incident, in writing, to the authorized office and the respective installing authority if known. Where General Land Office or Bureau of Land Management right-of-way monuments or references are obliterated during operations, the holder shall secure the services of a registered land surveyor or a Bureau cadastral surveyor to restore the disturbed monuments and reference using surveying procedures found in the Manual of Surveying Instructions for the Survey of the Public Lands in the United States, latest edition. The holder shall record such survey in the appropriate county and send a copy to the authorized officer. If the Bureau cadastral surveyors or other Federal surveyors are used Eo restore the disturbed survey monument, the holder shall by responsible for the survey cost. m. No construction or routine maintenance activities shall be performed during periods when the soil is too wet to adequately support construction equipment or when watershed damage is likely to occur. If such equipment creates ruts in excess of four inches deep, the soil shall be deemed too wet to adequately support construction equipment. Frozen soil or soil mixed with snow will not be used in construction. n. The holder shall meet Federal, State, and local emission standards for air quality. o. Construction-related traffic shall be restricted to routes approved by the authorized officer. New access roads or cross-- country vehicle travel will not be permitted unless prior written approval is given by the authorized officer. Authorized roads used by the holder shall be rehabilitated or maintained when construction activities are complete as -approved by the authorized officer. p. Prior to any discharge, hydrostatic testing water will be tested and processed, if necessary, to ensure that the water meets local, State or Federal water quality standards, Prior to discharge of hydrostatic testing water from the pipeline, the holder shall design and install a suitable energy dissipator at the outlets, and design and ins.~all 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. Sandbags, rock, or other materials or objects installed shall be removed from the site upon completion of hydrostatic testing. q. Prior to termination of the right-of-way, the holder shall contact the authorized officer to arrange a preterm~nation conference. This conference will be held to review the termination provisions of the grant. IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant or permit. .......... : /.., f .. . /, / (Slgnature/of Holder) (Signature of Authorized Officer) sslstant Field Manager Minerals and Lands (Title) i~"L'~?'"'~':! May .10, 2001 (Date) (Effective Date of Grant) ~ ' Exhibit B '/3' Pr'~'E'~ 4' HETER RUN -,-~-~ WY~N152512 THE PROPOSED PIPELINE IS WITHIN THE EXISTING DISTURBED AREA FUR WSA ~4-i4 A. DETAIL SCALE 1" = 200'  PROPOSED PIPELINE for MOUNTAIN GAS RESOURCES IFFIN & ASSOCIATES,/NC. J~GH J'Rc~$SURE L4TERAL WSA 24 - 14 A '1414 ELK s"r., SUITE 202 SCALE: 1 "= 2000' TOTAL PROPOSED LENGTH: 43'..+ ROCK SPRINGS, WY 8290'I JOB No. 7540 EXISTING PIPELINE ITOPO (307) 362-5028 DA TN: 4/04/01 PROPOSED PIPELINE '--'t PLAN OF DEVELOPMENT WYW152512 TO ACCOMPANY April 10, 2001 WSA 24-14A Well Connect APPLICATION I. PROJECT DESCRIPTION The proposed buried 4 inch steel pipeline will begin at the WSA 24-14A well, :located in the Southwest quarter of Section 24, Township 25 North, Range 112 West and-head in a southerly direction to terminate at Western's pipeline in the Southwes!. quarter of Section 24, Township 25 North, Range 112 West, Sweetwater County, Wyoming. The total length of the right-of-way is approximately 43 feet, of which 43 feet are on Federal lands. A 50 tbot wide corridor is requested for construction, operational and maintenance purposes. The pipeline will consist of 4 inch steel pipe, O. 156 inch wall thic 'kness, 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 compressor location and the central delivery point pipeline. No other alternatives were considered because the proposed route utilizes existing surface scars as much as possible. II. ANCILLARY RIGHTS OF WAY AND PERMITS 'Western Gas Resources, Inc. will secure all rights of way on adjacent non-federal lands prior to pipeline construction. Western Gas Resources, Inc. will notify authorized right of way users of Western 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. 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 desi. gn, construction, engineering, maintenance and inspection of the propos, ed pipeline will be performed by Western 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, refi~se, 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. Western 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. Western 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, Western 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. 2 All construction matei'ials will be hauled to the job by truck, as needed, and strong along the right of way as it arrives. Pipe will be struhg in such a manner as to cause the least interference with the normal use of the land crossed by the right of way. In areas of excessively steep terrain, stream bank crossings and established work stations, some blading may be required to provide a safe and suitable working area for the equipment~ and workers. -- - Before seeding any disturbed areas (if applicable), the right of way will be restor~fid to its original_form, slope, contour, and soil density-to the extent Practicable. Stockpiled-topsoil-shall be the top layer-ahd shal_l be evenly spread over the~ disturbed area. ', 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 pipelin~ project: a. 1 Welding Track - - - b. 1 Tractor Trailer c. 1 Two Ton Truck d. 4 Pickup Trucks e. 1 Seed Driller and Tractor (if applicable). f. 1 Backhoe g. 1 Trackhoe h. 1 Side Boom Caterpillar - I. 1 Trencher After pipeline construction is completed, pipeline markers will be installed at specified intervals for identifying the pipe's location. ._ 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 prbtection 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 3 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 erosionl right of way condi_tion, unauthorized encroachment on the right of way an_d any other-situations that could cause a safety hazard '6r - require preventive maintenance. If damage shall occur to the pipe fr6m external sources, repair or replacement of the portion of the pipeline maybe" necessary. Detailed line break and emergency procedures are used as routine operational - procedures of Western Gas Resources; Inc. After construction is completed, the pipeline will be hydro-tested using water fi'om 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 be 8 hours to verify the pipe integrity. The water will be drained into a s~nall 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. -, Seed Mixture Pounds/acre PLS Thickspike wheatgrass Critana 3 Western wheatgrass Rosanna 3 Indian Ricegrass 3 Sandberg bluegrass 3 Blueflax .25 Scarlet globemallow 1 Winterfat 2 Total 15.25 lbs/acre PLS " (PLS formula: % of germination (x) % of purity (x) 1.00%) If pesticides are required, Western 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. Befi)re using pesticides, (including emergency situations, Western Gas Resources, Inc. will obtain from the authorized officer a written approx~al 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. Western Gas Resources, Inc. will be responsible for weed control on the disturbed areas within the established limits of the right of way. Western 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. Western Gas Resources, Inc:. 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) wi!l be completed as necessary. Exhibit B WYW152512 h~IP~LI'~,~ DI3WN STREAH LEG ~ ,~ ~ April 10, 2001 THE PRflP~SE3 PIPELINE IS ~ITHIN THE EXISTING DISTURBED AREA FOR WSA 84-14 A. DETAIL. " SCALE 1" = 200' R PROPOSED PIPELINE £or MOU~rr~ c~s ~sov~crs IFFIN & ASSOCIATES,/NC. Z~GH PRJ~SS~ L~T~ WSA 24 - 14 A 1414 ELK ST., SUITE202 SCALE: '1, = 2000' TOTAL PROPOSED LENGTH: 43'± ROCK SPRINGS, WY 8290~ JOB No. 7540 EX/STING PIPELINE t TOPO MAP~ (307) 362-5028 DATE: 4/0.410'I PROPOSED PIPELINE .... -'~ . B ~ Form 1842-1 WYW152512 (February 1985) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT INFORMATION ON TAKING APPEALS TO THE BOARD OF LAND APPEALS DO NOT APPEAL UNLESS 1. This decision is adverse to you. AND 2. You believe it is incorrect. IF YOU APPEAL, THE FOLLOWING PROCEDURES MUST BE FOiLLOWED 1. NOTICE OF APPEAL Within 30 days file a Notice of Appeal in the office which issued this decision (see 43 CFR Secs. 4.411 and 4.413). You may state your reasons for appealing, if you desire. 2. WHERE TO FILE Field Manager NOTICE OF APPEAL Rock Springs Field Office 280 Highway 191 North Rock Springs, Wyoming 82901 SOLICITOR Office of the Regional Solicitor ALSO COPY TO Rocky Mountain Region 755 Parfet Street, Suite 151 Lakewood, Colorado 80215 3. STATEMENT OF Within 30 days after filing the Notice REASONS of Appeal, file a complete statement of the reasons why you are appealing. This must be filed with the United States Department of the Interior, Office of the Secretary, Board of Land Appeals, 4015 Wilson Blvd., Arlington, Virginia 22203 (see 43 CFR sec. 4.412 and 4.413). If you fully stated your reasons for appealing when filing the Notice of Appeal, no additional statement is necessmay. SOLICITOR Office of the Regional Solicitor ALSO COPY TO Rocky Mountain Region 755 Parfet Street, Suite 151 Lakewood, Colorado 80215 UNLESS THESE PROCEDURES ARE FOLLOWED YOUR APPEAL WILL BE SUBJECT TO DISMISSAL (SEE 43 CFR SEC 4.402). BE CERTAIN THAT ALL COMMUNICATIONS ARE IDENTIFIED BY SERIAL NUMBER OF THE CASE BEING APPEALED (WYWI52512). 4. ADVERSE PARTIES Within 15 days after each document is filed, each adverse party named in the decision and the Regional SoliCitor or Field Solicitor having jurisdiction over the State in which the appeal arose must be served with a copy of: (a) the Notice of Appeal, (b) the Statement of Reasons, mhd (c) any other documents filed (see 43 CFR Sec. 4.4t3). Service will be made upon the Associate Solicitor, Division of Energy and Resources, Washington, D.C. 20240, instead of the Field or Regional Solicitor when appeals are taken from decisions of the Director (WO-100). 5. PROOF OF SERVICE Within 15 days after any document is served on an adverse party, file proof of that service with the United States Department of the Interior, Office of the Secretary, Board of Land Appeals, 4015 Wilson Blvd., Arlington, Virginia 22203. This may consist of a certified or registered mail "Return Receipt Card" signed by the adverse party (see 43 CFR Sec. 4.401 (c)(2)). SUBPART 1821.2--OFFICE HOURS; TIME AND PLACE FOR FILING Sec. 1821.2-1 Office l~burs of State Offices. (a) (e) Any document required by law, State Offices and the Washington Office of the regulation, or decision to be filed within a stated Burean of Land Management are open to the period, the last day of which falls on a day the State public fbr the filing of documents and inspection of Office or the Washington Office is officially closed, records during the hours specified in this paragraph shall be deemed to be timely filed if it is received in on Monday through Friday of each week, with the the appropriate office on the next day the office is exception of those days where the office may be open to the public. closed because of a national holiday or Presidential or other administrative order. The hours during Stan~dard for Obtaining a Stay which the State Offices and the Washington Office are open to the public for inspection of records are Except as otherwise provided by law or other 15rom 10 a.m. to 4 p.m., standard time or daylight pertinent regulation, a petition for a stay of a saving time, whichever is in effect at the city in decision pending appeal shall show sufficient which each office is located, justification based on the following standards. 1. The relative harm to the parties if the stay is Sec. 1821.2-2(d) Any document required or granted or denied. pm'mitred.to be filed under the regulations of this chapter, which is received in the State Office or the 2. The likelihood of the appellant's success on Washington Office, either in the mail or'by personal the merits:' delivery when the office is not open to the public shall be deemed to be filed as of the day and hour 3. The likelihood of immediate and irreparable the office opens to the public, harm if the stay is not granted. 4. Whether the public interest favors granting the stay.