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HomeMy WebLinkAbout900119FORM 2800-14 (August 1985) BOOK · D s 5 680 ! 9 RECE~¥ED LINCOLN cOUN~-Y CLERK 0t~ ,]l_]!t ~ t~ F~t I: t~'} Issuing Office KEMMF-.RER FIELD OFFICE UNITED STATES DEPARTMENT OF THE INTERIO~ BUREAU OF LAND MANAGEMENT RIGHT-O'F-WAY G~ANT SERIAL NUMBER WYW-157141 A right-of-way is hereby granted p Jrsuant to Section 28 of the Mineral Leasing Acl of 1920, as amended (30 U.S.C. 185). Nature of Interest: a. By this instrument, the ~otder: Mountain Gas Resources, Inc. 1099 18~h Street, Suite 1200 Denver, CO 80202-1955 receives a right to construct, operate, maintain and terminate a 6" pipeline from the Cow Hollow 20-24 well, on Federal lands described as follows: Sixth Principal Meridiar., bincoln County, Wyoming T. 22 N., R. 112 W., Section 24: NWA NE¼.. bo The right-of-way area .cranted herein is 50 feet wide, 1149.9 feet long and contains 1.32 acres, more or less. This instrument shall terminate on December 31,2033, 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 ~:nd any other terms and conditions that the authorized officer deems necessary to protect the public interest. Notwithstanding the ex ~iration of this instrument or any renewal thereof, early relinquishment, abandonment, or termi ~ation, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be bincing on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabil"ties accruing herein before or on account of the expiration, or prior termination, of the grant. 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 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 mana.clement principles, and so far as practicable and feasible, in accordance with comparable commercia practices. Terms a, bo eo fo and Conditions: This grant is issued sL,bjlect to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regula'-ions part 2880. Upon grant terminatio¢~ thy the authorized officer, all improvements shall be removed from the Federal lands within 90 days, (,)r otherwise disposed of as provided in paragraph (4)(c) or as directed by the authorized officer. The stipulations, plan.% maps, or designs set forth in Exhibit A and B, dated, 2003, attached hereto, are incorporated into and made a pad of this grant instrument as fully and effectively as il 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 forlsuspension or termination thereof. The holder shall perforrr~ all operations ~n a good and workmanlike manner so as to ensure protection of the environment and t16 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 May 20, 2004. Any relocation, additional construction, or use that is not in accord with the approved plan of dew Ioament, shall not be initiated without the prior written approval of the authorized officer. A copy of the ;omplete 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 pa',eontological resource (historic or prehistoric site or object) discovered by the holder, or any person workin~c' on his behalf, on public or Federal land shall be immediately reported to the authorized officer. Hdlder shall suspend all operations in the immediate area of such discovery until written authorization to F.rroceed 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 cullural or scientific values. The holder will be responsible for the cost of evaluation and any decision as to proper mitigation measures v/ill be made by the authorized officer after consulting with the holder. The Holder shall be r~.sponsible for total control of all invasive/noxious weed species on any and all disturbed sites. The Ho!der ~s responsible for consultation with the Authorized Officer and/or local · authorities for accepts.bio weed conlrol 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 re;]istered 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 Proposi~l :~lan showing the type and quantity of material to be used, pest(s) to be controlled, method of application, I¢cations of storage and disposal of containers, and any other in[ormation deemed necessary by the Autkorized Officer. Applicator(s) of chemicals used must have completed the pesticide certification training and have a current up to date Cer~:ified Pesticide Applicator's License. Pesticide Application F{e."cords for the areas and acres treated must be submitted to the BLM Kemmerer Field Office each year. This includes the following: Brand or Procuct name EPA registratior number 682 jo 3 Total amount'al~plied (use rate #A.I./acre) Date of applic atilon Location of appl'cation Size of area t"e~,ted Method of tre ~tment (air/ground) Name of applicator Certification rumber Amounl of su~factants or dyes used in spraying operation The record informatio:~ must be recorded no later than 14 days following the pesticide application and must be maintained for two years. Construction activity ~nc surface disturbance occurring during the period from April 10 to July 10 will require surveys of ne.';tir g/brooding habitat for the protection of Mountain Plover Nests. Two week notification is requirec prior to any construction activity or ground disturbance in suitable nesting habitat. The BLM wildlife biolcgist, or a qualified contract biologist, will perform surveys in suitable 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. 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 rehabili.tation) plan. This plan shall include, but is not limited to, removal of facilities, drainage structures, cr surface material, recontouring, topsoiling, or seeding. The authorized officer must approve the plan in witing 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. ~der) (Title) (Date) Signature ~f~r~thoriz6d (Effective Date of Grant) Officer) PLAN OF DEVELOPMENT TO ACCOMPANY Cow Hollow 20-24. Well Connect GAS GATHERING LINE APPLICATION 683 WYW-157141 Exhibit A May 20, 2004 II. III. IV. PROJECT DESCRIPTI~N The buried 6 inch stee pipeline will head in a northwesterly direction from Cow Hollow 20-24 well, located in the'CNE quarter of Section 24, Township 22 North, Range 112 West to a pipeline in the S2NW ~luarter of Section 13, Township 22 North, Range 112 West, Lincoln County, Wyoming. The total length of'the ROW is approximately 7828.5 feet, of which 1149.9 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 ~)ipeline 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 LOCATION Reconnaissance rew~,a,s 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!.O= WAY AND PERMITS MGR will secure all ri;]hts of wa y 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 ~h~. appropriate regulatory agency prior to construction. All equipment and vehicular acces~ iiato the pipeline project wil be confined to existing roads and the established ROW corridor. No major reconstruction or rerouting of these roads is intended. DESIGN IlI 684 The design, constrt,ct~on, engineering, maintenance and inspection of the pro posed pipeline will be dir[,cted b/MGR personnel. V. CONSTRUCTfON All design, materia. I, 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 tl-.e established ROW corridor. No major reconstruction or rerouting of these roads is intended. Construction sites .";hall 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, oi! drums, petroleum prodJcts, ashes and equipment. A litter policing program shall be implemented by the holder, and approved of in writing by the authc;ri~ed 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 privat~e surface landowners will be contacted prior to construction for access and surface usage. MGR will not allow a ny. 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 ~ etto adequately support construction equipment. Construction activities will not be allowed until soil conditims improve. Winter construction: wql not proceed/continue if the frost is deeper than one-foot. Frost less than one-i~oc:t deep will be stockpiled as topsoil. The BLM 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 condilions. All construction materials will be hauled to the job by truck, as needed, and strung along the ROW as it ai'rives. 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 vegetalJon, such as sage brush within as much of the fitty foot ROW as is needed ~ 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 finali'grading. Spoil and topsoil would be windrowed separated along the nonworking sid~'~ of the trench. A wheel trencher will. be used to dig a trench to an average depth of 48 inches, stacking the dirt be;si.~e 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 accommoc"a::e 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 o.' 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 equipmep!t 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 tie final grading. Before seeding any disturbed areas (if applicable), thee 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 t~mporary work camps are proposed. The following is a li,,~t of construction equipment proposed on the pipeline project: a. 1 Welding Truck b. 1 Tractor. Trailer c. 1 Two Ton 'Truck d. 4 Pickup Trucks e. I Seed Dril;er and Tractor (if applicable) f. 1 Backhoe g. 1 Trackhoe h. I Side B¢om Caterpillar i. ! Trencher After pipeline construction is completed, pipeline markers will be installed at specified intervals for identifyJng lhe pipe's IocalJon. No toxic substance:~ are proposed for use in connection with the construction project; however if' toxic substances are required, usage shall conform with provisions of the To~ic Substances Control Act of 1976, as amended (40 CFR Part 702-799). Any rel~:ase of toxic substances (leaks, spills, etc.) in excess of the reportable quantity as ~stablished by 40 CFR Part 117.3 shall be reported as required by the Comprehens'.ve Environmental Response, Compensation, and Liability Act, Section 102 B. A copy of any requested report required by any Federal or State agency of a reportal: le~release or spill of any hazardous material shall be furnished to the authorized officqr within 5 working days of the occurrence of the spill or release. The holder(s) shall cpmply with all applicable Federal laws and regulations existing or hereafter enacted orI p~omulgated. In any event, the holder(s) shall comply with the V IV VII Toxic Substances.C]nf:rol Act of 1976, as amended (15 U.S.C. 2601, .et seq.) with regard to any toxic suk'stances that are used, generated by or stored on the ROW or on facilities authorlzed 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 ~stablished by 40 CFR, Part 117 shall be reported as required by the Comprehensive EQvironmental Response, Compensalion and Liability Act of 1980, Section 102b. A copy of any report required or requested by any Federal agency or State go~:ernment as a result ora reportable release or spill of any toxic substances shall belfumished to the 'authorized officer concurrent with the filing of the reports to the ir~vOlved 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 R6ccvery 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 agen:, c~' unrelated third parties. Western Gas Resources, Inc. will not conduct hydrostatic testing on the pipeline, it's Western Gas Resources, Inc. and its subsidiaries policy not to conduct hydrostatic testing on pipelinesl less than 26,400 feet in length therefore no water will not be used to test this pipeline. OPERATION AND MAINTENANCE The pipeline will be iroutinely 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 pot;ion of the pipeline may be necessary. Detailed line break a nd emergency procedu'es are used as routine operational procedJres of MGR. The holder shall condt~ct all activities associated with the construction, operation, and termination of thei ROW within the authorized limits of the ROW. STABILIZATION AN.) 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 ljurisdiction. All disturbed areas will be re-contoured so that the disturbed area b?en.ds into the surrounding terrain. Appropriate measures will be taken to prevent erosiQn through the use of construction diversion terraces, rip-rap, matting, and water 'ba~.:s. 657 All disturbed areas alang the pipeline corridor will be reseeded to the landowner's or regulatory agency's spacifications. 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 Sl:,ecifications. Upland Sites Seed ~,~i.__x Species Variety Western wheatgrass Thickspike wheatgrass; Indian Ricegrass t: Drill Seeding Rate Rosanna 6 lbs/acre PLS Critana 6 lbs/acre PLS Nezpar 3 lbs/acre PLS Shadscale saltbush Globemallow 3 lbs/acre PLS 0.5 lbs/acre PLS Total 17.5 lbs/acre Salin Lowlands Segd,lVlix Species Variety Western wheatgrass Bottlebrush sq uirreltait Gardner saltbush ,, Indian ricegrass Total Rosanna Wet Meadow/Harst! Seed Mix .Species Alkali sacaton Nebraska sedge Tufted hairgrass Alkali grass Variety Drill Seeding Rate 6 lbs/acre PLS 3 lbs/acre PLS 2 lbs/acre PLS 4 lbs/acre PLS 15 lbs/acre Drill Seeding Rate 3 lbs/acre PLS I lbs/acre PLS 2 lbs/acre PLS 4 lbs/acre PLS Total 10 lbs/acre Pure Live Seed (PLS)' f. Ormula: % of purity of seed mixture times % germination of seed mixture= portionl, of seed mixture that is PLS. If pesticides are required, MGR will comply with all applicable Federal and State laws. Pesticides will be used 'n accordance with registered uses and within limitations im posed by the Secretary of Interior. Before using pesticides, (including emergency situations, MGR will O~tain from t~e authorized officer a written approval of a plan showing the type an~' quantity of material used, pest(s) to be controlled, method of VII 0:30011 --'- 888 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 an~, 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 arid revegetation of disturbed land areas (if applicable) will be completed as necessary. VIII UHIT BZ . ,~ , QUADI~.ANGI, ES FONTENELL~ SE r, FONTENF. r.r~. I ! cow,o, "~'-3 ..' I... ~ 20-24 ,_,,.,o ~ IFFIN & ASSOC/A, TES, INC. '1414 ELK ST., SUITE202 ROCK SPRINGS, WY82901 (307) 362~5028 SCALE: ~" = 2000' JOB No..10123 RcdVISED: 2/05104 PROPOSED P~ELIIVE FOR WESTERN GAS RESOURCES, INC. TOTAL PROPOSED LENGTH: 7, 828.5".~ EXISTING ROAD - I TOPO MAP- iii::~ROPOSED PIPELINE ..... I : 77::~.] B