HomeMy WebLinkAbout875216FORM2800-14 LI['t00LH (;0UNT'( CLERK
(August 1985) Issuing Office
STATES I¢ ~/.5
DEPARTMENT OF THE INTERIOR J E:.Ai'4 ['.l 7 '.' .....
BUREAU OF LAND' MANAGEMENT ~(E~,,M[:F,Lt ,.
RIGHT-OF-WAY GRANT
.OOK 4 0 '4 9 3
............ PR PAGE
8E~IAL NUMBE~ WYW-15111 fi
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.
185).
2. Nature of Interest:
a. By this instrument, the holder:
Mountain Gas Resources, lnc.
12000 North Pecos Street
Denver, CO 80234-3439
receives a righ't to construct, Operate, maintain, and terminate a(n) R/W fora 6" gas pipeline from the East
Trumpeter 30-32 well, on Federal lands described as followsi'
6th Principle Meridian, Lincoln & Sweetwater Counties, Wyoming
T. 21N., R. 111W.,
section 32: SE¼SW¼, SW¼SE¼
T. 20 N., R. 112 W.,
section 2: Lot 3, SW¼NE¼, SE~ANW¼, NY~SW~,4, SW~ASW¼
10: N~NE¼, SW¼NE¼, SE¼NW1,4
b. The right-of-way area granted herein is 50' feet wide, 11658' feet long and contains 13.38 acres, more or
less.
c. This instrument shall terminate on December 31, 2030, unless, prior thereto, it is relinquished, abandoned,
terminated, or modified pursuant to the terms and conditions Of this instrument or of any applicable Federal
]aw or regulation.
d. This instrument may be i;enewed. 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 onthe 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. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.~~~~~~~~~~~~~~~~~~~~~~i~~~~~~~~~~~~~~~~~~~~~~
RE¢OR~Ell 7/2~/2001 AT 09i 00 All REC# 13396~9 ])K# 89:39 PG# 1374
LORETTA I)AILIFF, CLERK o¢ S~,~EETNATER COUNTY, ;~y P~ge 1 o¢ 11
494
3. Rental:
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 uniess specifically exempted from such
payment by regulation. Provided, however, that the rentaI 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 j0rinciples, and so far as practicable and feasible, in accordance with
comparable, commerc, ial practic, es.
4. Terms and Conditions:
a. This grant is issued subject to ihe holder's compliance with all applicable regulations conta, ined in Title 43
Code of Federal Regulations part 2880.
b. 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.
c. The stipulaii~n~, plans, maps, or designs set fodh in Exhibit A & B, dated June 19, 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 conformity with the plan of development which was approved and made part of the grant
on June 19, 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 environmbnt.
g. 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/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.
I IIIIllllllllllll It!lltlllllltJllllllllllllllllllllllllllllililIB ti}llillllllllllll
R£CORIJEB 7/2J/2001 RT 89:88 RM REC# 1~9669 ]~K# 8939PG#
LORETTA BAILIFF¢ CLERK o¢ SWEETWATER COUNTY, WY P~ge
3
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.
Pesticide/Herbicide Application Records for the areas and acres treated must be submitted to the BLM
Kemmerer Field Office each year. This inclt~des the following:
Brand or product name
EPA registration number
Total amount applied ,(use rate #A:l./acre)
Da,re of appl'ication'
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 informa!i.on must be recorded no later than 14 days following the pesticide/herbicide application and
must be maintained for'ten years.
h. Construction activity and surface disturbance occurring during.the period from April 10 to July 10 will require
surveys of nesting/brooding habitat for the protection of mountain plover nests. Two Week notification is
required prior to any construction activity or ground disturbance, in suitable nesting habitat. The BLM
wildlife biologist, or a qualified contract, biologist, will perform surveys in suitab e habitat according to
USFWS Draft Survey Guidelines (May, 1998) for mountain plovers. Contract biologists must submit a
written report of areas surveyed to BLM prior to construction. If mountain plovers are located, construction
activity and surface disturbance will be prohibited during the period from April 10 to July 10 for the protection
of mountain plover nesting habitat. Any exceptions to this requirement must have prior written approval from
the authorized officer.
i. Construction activity and surface disturbance will be prohibited during the period from April 1 to July 1 for
the protection of greater sage grouse nesting habitat.
Any exceptions to this requirement must have prior written approval from the authorized officer.
j. Except rights-of-way expressly authorizing a road after construction of the facility is completed, the holder
shall not use the right-of-way as a road for purposes other than routine maintenance as determined
necessary by the authorized officer in consultation with the holder.
k. ' 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.
I tlllllllB IIIIIiiltlllliill{[llllllllllllillllllllllllill[lltlllltllllllllllllllil[
RECOR~E~ ?/~3/2001 AT 09:00 Ali REO# 1339669 ~K# 8939 PQ# 1376
LORETTA IiAILIFF, CLERK of SI4EETI4RT£R COUf~TY, WY Poge 3 of 11
4
IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant.
- ~Signa~ure of HolCr) - (Si~n~u)e of ,~tl~o~z~d I
(Title) / {- - (Title)
(Date), ' (Effective Date of Grant)
RECORI]E]) 7'/2;)/'2081 AT 09:00
LORETTA I)AILIFF, CLERK o(' 814EETWATER COUNTY, WY P~gle 4 o¢ 11
WYW-151116
EXHIBIT A
{~'~~ PLAN OF DEVELOPMENT , JUNE 19, 2001
TO ACCOMPANY
East Trumpeter 30-32 Well Connect
GAS GATHERING LINE APPLICATION 4 9 '?
I. PROJECT DESCRIPTION
The buried 8 inch steel pipeline will head in a southerly direction from East Trumpeter 30-32
well, located in the Southeast quarter of Section 32 Township 21 North, Range 111 West to
a pipeline in the Norththwest quarter of Section 10, Township 20 North, Range 112 West,
Lincoln County, Wyoming:
The total length of the fight-of-way is approximately 12383 feet, of which 11658 feet are on
Federal lands. A 50 foot wide corridor is requested for construction, operational and
maintenance purpoSes.
The pipeline will consist of a 8 inch pipe, O. 156 inch wall thickness, Grade X-42 pipe with
a maxim .uLn. operating pressure of approximatelY 1200. p~ig.
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 Cs:.s~iated road and utility permits will be secured from the appropriate regulatory
agency prior t6 cpn'structi~n.
· ., ..
...' RECORDED 7/83/8881 AT 8~: 88 AM R£C# 1339~ BK# 89J~ PG# 1378
','. LOR£TTA BAILIFF~ CLERK o~ SWEETWATER. OOUNT¥~ WY' P~)e ~ of 11
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-way. A
motor grader with ~ ~lade will be used to knock down vegetation, such as sage brush
RECORD£1) 7/23~Z0~1 AT 09:80 Al1 REC# 133966~ I~K# 0939 PG# 1379
LOR£TTA BAILIFF, CLERK or' $[,~EETWATER COUNTY, W'? Page 6 o¢ 11
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'pla, ced in the ditch a motor grade? 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, Si.ope, 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 g)'eiding'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 shall be furnished to the authorized officer
within 5 working days of the occurrence of the spill or release.
· -- '"' i
i.' 'Yi'-"
R£CORI]£1] ?x23/2001 AT 09; 00 fll~ R£C# 133966~ ItK# 0~9 Pa# 1388
LOR£TTA I~AILIFF~ OL£RK of #WEETI4ATER COUI~TY, WY Pa~e ? of 11
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 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. 96.01, et 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 i's wholly up_related ..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 encroaclunent 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..
RE'CORDED 7x23/2001 AT 89:00 ~ REC# 13~9569 BK# 0939 PQ# 1~81
LORETTA BAILIFF~ CLERK of SWEEIWATER COUNTY, WY Page 8 of 11
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 Plante .d using adrill and in areas not
suitable fo[ 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
Globematlow .5 lbs/acre PLS
Total 17.5 lbs/acre
Saline Lowlands Seed Mix
Species Variety Drill Seeding Rate
Western wheatgrass Rosanna 6 lbs/acre PLS
Bottlebrush squirreltail 3 lbs/acre PL'S
Gardner saltbush 2 lbs/acre PLS
Indian ricegrass 4 lbs/acre PLS
RECORI)EI) ?723x2001 AT 09:00 AH REC~ 133~$$9 ~K~ 093~ P~M 138~
LORETTR BAILIFF, CLERK of SNEETWRTER COUNTY, ~y P~e 9 of 11
507.
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
Pure Live Seed (PLS) formula: % of purity of seed mixture times % gernfination 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. Betbre
using pestigides, (including emergency situations, Mountain Gas Resourdes, 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, meth6d 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.
RKCORDED 7/23/200! AT 09:00 All R£C# 153~$69 BK# 0939 PG# 1383
LORETTA 3FIlLIFF, CLERK at' SNEETNATER COUNTY, NY Page lB o¢ 11
6
WYW-151116
2001
PROPOSED
PREPARED BY: EXISTING PIPELINE FOR U.S.A. LENGTH: 11,650.58'
o. R, ~R,m, ~, ASSOC. TOTAL LENGTH: 12,382.84'
1414 ELK STREET ROAD MOUNTAIN
ROCK SPRINGS, WYOMING GAS
FAX (~07)362-1o56 'PROPOSED RESOURCES 2000 0 2000
(307)3§2-5028 "'~I~N~'