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HomeMy WebLinkAbout894967FORM 2800-14 (August 1985) 89[ 9fi7 RECEIVED LINGOLN O0Uf!TY 0LERK 03 fi'z; UNITED,STATES U E P A R T M E N.'~';'_Q~t~'~'~'~E BUREAU OF RIGHT-OF-WAY GRANT SERIAL NUMBER WYW-157122 Issuing Office KEMMERER FIELD OFFICE 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). Nature of Interest: a. By this instrument, the holder: Mountain Gas Resources, Inc. 1099 18th Street, Suite 1200 Denver, CO 80202-1955 receives a right to construct, operate, maintain, and terminate a 6" natural gas pipeline to the Cow Hollow 206-26E well, on Federal lands described as follows: Sixth Principal Meridian, Lincoln County, Wyoming T. 23 N., R. 112 W., section 26, SW¼NE¼. bo The right-of-way area granted herein is 50 feet wide, 138 feet long and contains .16 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, 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. Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment; abandonmenL 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. Rental: Terms a. ho 723 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 or permit 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 20, 2003, attached hereto, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set fodh 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 20, 2003. 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. 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 t° 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. 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: 3 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 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 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 April 1 through July I for the protection of sage grouse nesting habitat. Construction activity and surface disturbance will be prohibited during the period from April 1 through July 31 for the protection of raptor nesting habitat. 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 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. 725 IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant. (Signatu~ ! (Title) (Date) (Signature of Authorized Officer) /'(Title) ./o--? n -o_~ (Effective Date of Grant) EXHIBIT A WYW-157122 October 20, 2003 PLAN OF DEVELOPMENT TO ACCOMPANY Cow Hollow Unit 206-26E Well Connect GAS GATHERING LfNE APPLICATZON 726 II. III. IV. PROJECT DESCRIPTION The buried 6 inch steel pipeline will head in a easterly direction from Cow Hollow Unit 206- 26E well, located in the NWNE quarter of Section 26, Township 23 North, Range 112 West to a pipeline WYW-122518-2800 (470) in the NWNE quarter of Section 26, Township 23 North, Range 112 West, Lincoln County, Wyoming. The total length of the ROW is approximately 138.1 feet, of which 138.1 feet are on Federal lands. A 50 foot wide corridor is requested for construction, operational and maintenance purposes. The pipeline will consist of a 6 inch pipe, O.156 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 °F 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 LOCA~ON 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 PERM]TS MGR will secure all rights of way on adjacent non-federal lands prior to pipeline construction. MGR will notify authorized ROW users of rvlGR'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. DESIGN III Mo The design, construction, engineering, maintenance and inspection of the propo~s~d;~~ ~ pipeline wil be directed by MGR personnel. CONSTRUCTION MIGR wil not conduct hydrostatic testing on the Cow Hollow Unit 206-26E pipeline, it's Mlountain Gas Resources, :[nc. policy not to conduct hydrostatic testing on pipelines less than 10,000 feet in length therefore no water MGR will not be using any water to test this pipeline. 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. MtGR will notify 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. MIGR 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, MtGR 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 BLMt 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: (5) five working days contingent upon weather conditions. IV 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 vegetation, such as sage brush within as much of the fifty foot ROW as is needed to provide a safe working area. 728 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 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. ~[n 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 ils 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. i Two'Ton Truck d. 4 Pickup Trucks e. i Seed Driller and Tractor (if applicable) f. i Backhoe g. 1 Trackhoe h. i Side Boom Caterpillar i. i Trencher After pipeline construction is completed, pipeline markers will be installed at specified intervalsfor 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, V IV VII Section 102 B. A copy of any requested report required by any FedeFa OF State agency ora reportable release OF spill oFany hazardous material shall be furnished to the authorized officer within 5 working days of the occurrence of the spill or release. ? 2 9 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 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. 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 MGR. The holder shall conduct all activities associated with the construction, operation, and termination of the ROW within the authorized limits of the ROW. 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. VI 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 ? 3 0 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 Western wheatgrass Thickspike wheatgrass [ndian Ricegrass Rosanna Critana Nezpar Drill Seeding Rate 6 lbs/acre PIS 6 lbs/acre PLS 3 lbs/acre PIS 3 lbs/acre PLS O.S lbs/acre PLS 17.5 lbs/acre Shadscale saltbush Globemallow Total Salin Lowlands SeedMix Species Variety Western wh~atgrass Bottlebrush squirreltail Gardner saltbush Indian ricegrass Rosanna Drill Seeding RatP 6 lbs/acre PLS 3 lbs/acre PLS 2 lbs/acre PLS 4 lbs/acre PIS Total 15 lbs/acre Wet Meadow/Harsh Seed Mix Species Alkali sacaton Nebraska sedge Tufted hairgrass Alkali grass Variety Drill Seeding Rate 3 lbs/acre PLS I lbs/acre PIS 2 lbs/acre PIS 4 lbs/acre PIS Total 10 lbs/acre Pure Live Seed (PIS) formula: % of purity of seed mixture times % germination of seed mixture= portion of seed mixture that is PIS. if pesticides are required, HGR 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 eme[gency situations, IVlGR 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 VII 731 application, location of storage, disposal of containers, and any other information deemed necessary. MGR will be responsible for weed control 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 disturbed areas within the ROW limits. MGR 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. 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