HomeMy WebLinkAbout894751O~t-09-O~t 13:1]
FORM 2800-14
(August 1985)
From-BLM - KE~ERER FIELD OFFICE
3078;'84539
891 75 1
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT
SERIAL NUMBER WYW-157118
A right-of-way is hereby granted pursuant to Section' 28 of the Mineral Leasing Act of 1920, as amended
(3O U.S.C. 185).
2. Nature of Interest:
By this instrument, the holder:
Mountain Gas Resources, Inc.
1099 18m Street, Suite 1200
Denver, CO 80202-1955
receives a right to construct, operate, maintain, and terminate a 6" natural gas pipeline to the
Shute Creek 31-7 well, on Federal lands described as follows:
6~ Principal Meridian, Lincoln County, Wyoming
T. 22 N., R. 111W.,
Section 6. SE¼NW¼, NE%SW¼, WY~SE¼,
7, N~NE¼.
The right-of-way area granted herein is 50 feet wide, 5936 feet long and contains 6.81 acres,
more or less.
This instrument shall terminate on December 31, 2032, 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, [he 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.
Notwithstanding the expiration of this instrument Or any renewal thereof, early relinquishment,
abandonment, or termination, the provisions of this instrument, to the extent applicable, ~hall
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 granL
Oct-Og-03 13:11 From-BLM - KEMMERER FIELD OFFICE
3078Z8453g T-984 P.O03 F-145
702
3. Rental:
4. Terms
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.
and Conditions:
This grant is issued subject to the holder's comPliance with all applicable regulations contained
in Title 43 Code Of Federal Regulations part 2880.
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.
The stipulations, plans, maps, or designs set forth in Exhibits A and B, dated October 9, 2003,
attached he[ets, 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.
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.
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.
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 9, 2003. Any relocation, additional construction, or use that is
not in accord with the approved plan of development, shatl 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
dudng construction, operation, and termination to the authorized officer. Noncompliance with
the above will be grounds for immediate temporaw suspension of activities if it constitutes a
threat to public health and safety Or the environment_
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 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, wdtten 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
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30~8Z84539 T-985 P.O04 F-146
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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 [he following:
Brand or Product name
EPA registration number
Tota~ amount applied (use rate #A.l.tacre)
Date of application
Location of application
Size of area treated
Method of treatment (aidground)
Name of applicator
Certification number
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.
Construction activity and Surface disturbance will be prohibited during the pedod from April 1
through July 1 for the protection of sage grouse nesting habitat.
COnstruction activity and surface disturbance will be prohibited dudng the pedod from November
1,5 through April 30 for the protection of crucial big game winter range,
Any exceptions to this requirement must have prior written approval from the authorized officer.
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 surraue material, re¢ontoudng, 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.
(Signature of Holder)
(Title)
(Date)
(Signature of Authorized Officer)
Acting Field Manager
(Title)
October t0, 2003
(Effective Date of Grant)
0ct-09-03 13:15 From-BLM - KE~ERER FIELD OFFICE
30?8284539
Zb ISE? 15 t:19
PLAN OF DEVELOPMENT
TO ACCOMPANY
Shute Creek 31-7 Well Connect
GAS GATHERING I/NE APPLICATION
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P.O05 F-14fi
Exq]IBIT A
WYW-157118
October 9~ 2003
7O4
III.
, P .ROJECT DESCRIPTION
The buried,6 inch steel pipeline will head in a northwesterly direction from Shute Creek
3:1-7 well, located in the CNE quarter of Section 7, Township 22 North, Range 111 West
to a pipeline in the SENW quarter of SectiOn 6, Township 22 Nor!:h, Range 111 West,
Lincoln & Sweet-water County, Wyoming.
The total length of the ROW is approximately 5936 feet, of which 5936 feet are on
Federal lands. A 50 foot wide corridor is requested for construction, operational and
maintenance purposes.
The pipeline w. ill consist of a 6 inch pipe, O.156 inch wall thickness, Grade ×-42 pipe
with a maximum operating pressure of approximately 1200 psig. The average operating
temperature of the pipeline is between 50 VF and 60 °F.
Associated facilities include valving and metering.
All permanent above ground facilities, piping, and valving will be a fiat, 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).
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
MGR will secure all rights c~f way on adjacent non-federal lands prior to pipeline
construction, MGR will notify authorized ROW users of MGR'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 regulatoW
agency prior to construction. All equipment and vehicular access into the pipeline
project will be confined to exlstlng roads and the established ROW corridor. No major
reconstruction or reroutlng of these roads is intended.
DESIGN
0ct-08-03 13:16 From-BLM - KE~ERER FIELD OFFICE 3078284539
~ FOEI¥ Em'O. '
tg~) SE~ F~e ~g~,9 constru~on, engineering, maintenBnCe
proposed pipeline will be dire~ed by MGR personnel.
T-885 P.O06 F-14B
and inspection of the
V. CONSTRUCTION'
All design, material, and construction, operation, maintenance, and termination
practices shalJ be in accordance with safe and'proven engineering practices.
All equipmenL 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 Umes; waste
materials at those sites shall be disposed of prompUy 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.
MGR will noti~ 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.
rVlGR will not allow any construddon or routine maintenance activiUes during
periods when soil is too wet to adequately support construction equipment. If
such equipment creates surface ruts in excess of 4 inches deep, MGR will deem
that soil condiUons are too wet to adequately support construction equipment.
Construction activities will not be allowed until soil condiUons 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 BEN will be
contacted prior to construction in winter conditions.
Construction of the proposed pip~line will occur in a planned sequence of
pipeline operations along the route. The construction period wilt commence as
follows: {10) ten 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 grader with a blade will be used to knock down vecjetation~ such
as sage brush within as much of the fifty foot ROW as is needed to provide a
safe working area.
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13:18 From-BLM - KE~ERER FIELD OFFICE
3018284539 T-985 P.OO7
A minimum of the top six inches of soil, more 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.
A wheel trencher will be Used to dig a trench to an average:depth of 't8 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.dir~ 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 e~tent 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. ::[ Tractor Trailer
c, I Two Ton Truck
d. 5 Pickup Trucks
e, 1 Seed Ddller and Tractor (if applicable)
f. I Backhoe
g. 1 Trackhoe
h. I Side Boom Caterpillar
i. ~. Trencher
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 u. se 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 1:t7.3 shall be reported as
required by the Comprehensive Environmental Response, Compensation, and
Liability Act, Section ~L02 B. A copy of any requested report required by any
Federal or StaGe agency of a reportable release or spill of any hazardous material
shall be furnished to ~e authorized officer within 5 working days of the
occurrence of the spill or release.
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13:18 From-BL~ - KE~ERER FIELD OFFICE
30TSZB453g T-985 P.00$ F-146
707
The holder(s) shall comply wittl 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 (1,5
2601, et seq.) with regard to any toxic substances that are used, generated by
o-~ or stored on the ROW or on fadlities authorized under this ROW grant.(See 40
-- CFR, Part 702-799 and especially, provisions on polychlorlnated biphenyls, 40
r:~ CFR 76:[.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
u~ be reported as required by the Comprehensive Environmental Response,
-- Compensation and Liability Act of 1980, Section 102b. A copy of any report
uj~ 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, CompensaUon and Liability Act of 1980, 42 U.S.C. 9601, etseq, or the
Resource Conservation and RecoveW Act of 1976, 42 U.S.C.6901 etseq.) 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 bhird parties.
IV OPERATION AND MAINTENANCF
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. Tf damage shall occur to the pipe from external
sources, repair or replacement of the porUon of the pipeline may be necessary.
Detailed line break and emergency procedures are used as routine operational
procedures of HGR.
The holder shali conduct all activities associated with the construction, operation,
and termination of the ROW within the authorized limits of the ROW.
VII STABILIZATION AND ABANDONHENT
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
13:lT From-BLIA - KE~ERER FIELD OFFICE 30TSZ84§i~l~ T-98§ P,OOg F-14B
drill and in areas not sui~ble for drilling, the seed will be broadca~ed and raked
or chained to cover the seed. The applica~on rate and seed minute will comply
to the landowner's or regulatow agent's specifications.
Upland Sites Seed Mix
~ Varie~l~
Western wheatgrass
Thickspike wheatgrass
Indian Ricegrass
Shadscale saltbush
Globemallow
Drill Seeding Ra. ke
Rosanna 6 lbs/acre PIS
Critana 6 lbs/acre PiS
Nezpar 3 lbs/acre PLS
3 lbs/acre PIS
0.5 lbs/acre PIS
Tom
Salin Lowlands SeedMi×
17.5 lbs/acre
Species.
Western wheatgrass
Bottlebrush squirreltail
Gardner saltbush
Indian ricegrass
Variety Drill ,Seeding Rate
Rosanna 6 lbs/acre PLS
3 lbs/acre PLS
2 lbs/acre Pis
4 lbs/acre PLS
Total
Wet Meadow,/Marsh Seed Mi×
15 lbs/acre
~j~_e. cies
Alkali sacaton
Nebraska sedge
Tufted hairgrass
Alkali grass
Variety
Drill 5eedincLRate
3 lbs/acre PIS
1 lbs/acre PLS
2 lbs/acre PLS
4 lbs/acre PLS
Total 10 lbs/acre
Pure Live Seed (PLS) formula: % of purity of seed mixture times % germination
of seed mixture= port/on of seed mixture that is PLS,
Tf pesticides are required, MGR will comply with all applicable Federal and State
laws. Pesticides will be used in accordance with registered uses and within
limitations imposed by the SecretaW of Interior. Before Using pesticides,
(including emergency situations, HGR will obtain from Be authorized officer a
written apprcWal of a plan showing the type and quantity of material used,
pest(s) to be controlled, method nf application, location of storaget disposal of
containers, and any other information deemed necessary.
0ct-0g-03
13:17 From-BLM- KE~EEER FIELD OFFICE 3078284539 T-gB5 P.OIO
HGR will be responsible for weed conl~ol on the disturbed areas within the
established limits of the ROW. MGR will coordinate with the authorized officer or
local authorities, to obtain acceptable weed control methods for the dlsturbed
areas within the ROW limits.
HGR will obbain any necessary authorization to abandon the fadlities 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. Recjrading and revegetation of disturbed land areas (if
applicable) will be completed as necessary.
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Oct-Og-03 13:18 FFom-BLM - KE~ERER FIELD OFFICE 30TB:~B453g T-g85 P.Oll F-I4§
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IFFIN ~ ASBOGIA TES, lNG. FOR
~S~ ~ ~SO~CES, ~C.
t4¢4 ELK SE, SUITE 2D2 SCAL~' 1" = 2OOg' TOTAL PROPOSED LENSTH : 5.936'~
ROCK SPRINGS. ~ 8290~ JOB No. 9898 ~ISTING .O~O TOPO MAP
(3D 7) 362-E028
DA TE;' 7/30/03 PROPOSED PIPELINE
0ct-09-03
13:18 From-BLl~ - KEk~ERER FIELD OFFICE
30T8184§39
T-985 P.O1Z
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