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HomeMy WebLinkAbout899135BOOK FORM 2800-14 (August 1985) 5 5 6 6 8 l_lNO01_f'! C0Uf'.!TY CLERK Issuing Office [~L~ ,?~Rqek ,'$p~i~s Field Office DEPARTMENT OF BUREAU OF L~D ~AGEMENT RIGHT-OF-WAY G~T/TEMPO~RY USE PE~IT 8991 SERIAL NUMBER WYW157691 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 mnsErument, the holder: Mountain Gas Resources, Inc. 1099 18th Street, Suite 1200 Denver, Colorado 80202 receives a right to construct, operate, maintain, and terminate a(n) twelve inch buried gas pipeline, on public lands described as follows: T. 26 N., R. 111 W., 6th P.M., Lincoln County, Wyoming Section 5: Lot 4 T. 27 N., R. 111 W., 6th P.M., Sublette County, Wyoming Section 30: ~SE¼, SE¼SE¼ Section 31: E~E¼ Section 32: S~/aXg~, ~S~ The right-ofiway or permit area granted herein is 50 feet wide, 7967 feet long and .contains 9.14 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. o e o 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. Rental For and in consideration of the rzghts 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. Terms 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 2800. b ° Upon grant termination by the authorized officer, all improvements shall be removed from 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 'Exhibit(s) A, B, and C dated July 9, 2003, 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. 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. 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 construction and/or surface disturbing activities on the right-of-way. The holder and/or his representative shall go attend this conference. The holder's connractor, 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. The holder shall construct operate, and maintain the facilities, improvements, and structures within this right-of-way zn strict conformity with the plan(s) of development which was (were) approved and made part of the grant on ~-- /~O ~ Any relocation, additional construction, 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 authorzzed officer. A copy of the complete right-of-way grant, including all stipulations and approved plan(s) of development, shall be made available on the right-of-way area during construction, operat$on, and termination to the authorized officer. Noncompliance with the above will be grounds for an immediate temporary snspension of activities if it constitutes a threat to public health and safety or the envlronmenn. The holder shall designane 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 disnurbing activities are underway. .Any cultural and/or paleontological resource (historic of prehistoric site or objecn) 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 determmne 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. Use of pesticides shall comply with the applicable Federal and state laws. Pesticides shall be used only 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, pesn(s) to be controlled, k o n 671 method of application, location of storage and dimposal of containers, and any other information deemed neeesmary by the authorized officer. Emergency use of pesticidem shall be approved in writing by the authorized officer prior to such use. 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 authorized officer and/or local authorities for acceptable weed control methods (within limits imposed in the grant stipulations). The holder shall protect all survey monuments found within the right-of-way. Survey monuments include, but are non 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 Surve¥inq 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 to restore the disturbed survey monument, the holder shall by responsible for the survey cost. 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. The holder shall meet Federal, State, and local emission standards for air quality. 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 conscruccion activities are complete as approved by the authorized officer. 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. Sandbags, rock, or other materials or objects installed shall be removed from the site upon completion of hydrostatic testing. qo Prior to termination of the right-of-way, the holder shall contact the authorized officer to arrange a pretermination 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. ~(Signatnre of Holder) (~itle)~ Officer) Assistant Field Manager Minerals and Lands (Title) (Date) (Effective Date of Grant) WYW157691 - 'EXtilBIT "A" EXHIBIT "A" FORM 299 Proposed Federal #3-31 Loop Extension Pipeline Reference Number WYW- 157691 Page 1, Section 7 GAS GATHERING LINE APPLICATION A) One buried 12 inch natural gas pipeline, approximately 7677 feet in Sublette County and 290 feet in Lincoln County, totaling 7967 feet on Federa lands, to connect: Rendezvous\MGR Permit No. WYW-140027 Stone Energy's ("Basin Pipeline") Common Discharge Point ("CDP") Pipeline S2NW 1/4 Section 5, T 26 N - R ill W Lincoln County, Wyoming; E2SE 1/4 Section 30, T 27 N - R 111 W Lincoln & Sublette County, Wyoming. B) c) D) E) F) C) H) Valves and appurtenances to control flow; meter runs as needed. 7967 feet of permanent right-of-way (ROW), 50 feet wide. The Length of term for the ROW is requested for a period of thirty (30) years with options to renew for as long as there are marketable quantities of gas available Year around; Up to 3,500 HCFD of natural gas and associated liquids from each well. Planned construction of the pipeline will begin upon receipt of ROW Grant, (10) ten working days to complete construction. No temporary work areas needed. PLAN OF DEVELOPMENT TO ACCOMPANY Federal #3-31 Loop Extension Pipeline Reference N umber WYW- 157691 GAS GATHERING LINE APPLICATION ~i~/157691 - ~QtIBIT "B" II. PROJECT DESCRIPTION nor.thwe sterly. The buried 12 inch steel pipeline will head in a mm~)mmtm~ed~ direction from Rendezvous\MGR Permit No. WYW-140027, located in the S2NW quarter of Section 5, Township 26 North, Range 111 West to the Basin Pipeline in the E2SE quarter of Section 30, Township 27 North, Range 111 West, Lincoln & Sublette County, Wyoming. The total length of the ROW is approximately 7677 feet in Sublette County and 290 feet in Lincoln County,. totaling 7967 feet on Federa lands. A 50 foot wide corridor is requested for construction, operational and maintenance purposes. MGR will cross one road located in the N2NW quarter of Section 5, Township 27 North, Range 111 West, Lincoln County, Wyoming, three lease roads will be crossed in the SWSW & SWNW quarters of Section 32, NENE quarter of Section 31 and the SWSE quarter of Section 30 of Township 27 North, Range 111 West and the, Sublette County, Wyoming. Staging areas 20 feet wide by 50 feet long will be required on both sides of the road crossings. A wheel trencher will be used for open cut of the road crossings 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 open cut roads will be backfilled and compacted in a way that the integrity of the road wil be maintained. No major reconstruction or rerouting of the roads are intended. The pipeline will consist of a 12 inch pipe, O.219 inch wall thickness, Grade X-52 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 wil 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. II III. ¸IV. ANCILLARY RIGHTS OF WAY AND PERMITS MGR will secure all rights of 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 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 The design, construction, engineering, maintenance and inspection of the proposed pipeline will be directed by MGR personnel. CONSTRUCTION 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. MGR 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. MGR 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, MGR 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 BLM wil 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: (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 and 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. 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 wil 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. 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 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. 1 Two Ton Truck d. 5 Pickup Trucks e, 1 Seed Driller and Tractor (if applicable) f. I 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. 1V 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 :[17.3 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. The holder(s) shall comply with al applicable Federal laws and regulations existing or hereafter enacted or promulgated. Inany event, the holder(s) shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C. 2601, .e.t 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 re!ease of toxic substances (leaks, spills, etc.) 'n 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. After construction is completed, the pipeline will be hydrostatic tested, the procedure consists of pressurizing incremental segments of the pipe to not less than 1.25 times its designed operating pressure. The test period will be 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. 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 insta I 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 V IV VII objects installed shall be removed from the site upon completion of hydrostatic testing. 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. 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 ABANDONMIENT Following the completion of the pipeline, the ROW traversed by the pipeline construction will be restored 'n 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 wi I 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. Upland Sites Seed Mix Species Western wheatgrass Thickspike wheatgrass Indian Ricegrass Shadscale saltbush Globemallow Total .Salin Lowlands SeedMix ..Species WeStern wheatgrass Variety Drill Seedinq Rate Rosanna 6 lbs/acre PLS Critana 6 lbs/acre PLS Nezpar 3 lbs/acre PLS Variety Rosanna 3 lbs/acre PLS 0.5 lbs/acre PLS 17.5 lbs/acre Drill Seedinq Rate 6 lbs/acre PLS VI Bottlebrush squirreltaii Gardner saltbush Indian ricegrass 3 lbs/acre PLS 2 lbs/acre PLS 4 lbs/acre PLS Total 15 lbs/acre Wet Meadow/Marsh Seed Mix Species Alkali sacaton Nebraska Sedge Tufted hairgrass Alkali grass Variety_ Drill Seedinq Rate 3 lbs/acre PLS 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= portion of seed mixture that is PLS. If pesticides are required, MGR will comply with all applicable Federa 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 emergency situations, MGR 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 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 regulatop/agency. ~ all aboveground pipeline facilities will also be removed and all unsalvageable materia s will disposed of at authorized sites. Regrading anc~ revegetation of disturbed land areas (if applicable) will be completed as necessary. 679 ! I