HomeMy WebLinkAbout900120FORM 2800-14
(August 1985)
, 55 -
~OC ~_.,
690 RECEIVED
LIN00LN COUNTY
0 0 I 2 9NITED STATES -
DEPARTMENT OF THE I NTE R.I ,(p' ,R\ F~ N -~._ ¥7, ~-~,* (:~"I"~ F_ F~
BUREAU OF LAND MANAGEMEINTM¢ .... -~ ..... ,,~,~ ,*
.~E.~',, ~ , .~ ",~'~i~
RIGHT-OF-WAY GRANT
CLERK Issuing Office
KEMMERER FIELD OFFICE
SERIAL NUMBER WYW;157140
u
A right-of-way is hereby granled 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, Inc.
1099 18~h Street, Suite 1200
Denver. CO 80202-1955
receives a right to COlstruct, operate, maintain, and terminate a 6" pipeline from the Cow Hollow 10-24
well, on Federal land,~ described as follows:
Sixth Principal Meridian. Lincoln County, Wyoming
T. 22 N., R. 112 W.,
Section 24:NW¼ NI:¼..
The right-of-way are~: granted herein is 50 feet wide, 1262.7 feet long and contains 1.45 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 la'~v or regulation.
This instrument may t~e'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 intere;~t.
Notwithstanding the ~!xF~iration of this instrument or any renewal thereof, early relinquishment,
abandonment, or terrnir, ation, the provisions of this instrument, to the extent applicable, shall continue in
effect and shall be bi:~ding 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 consideralion of the rights granted, the holder agrees to pay the Bureau of Land Management
fair market value ten!al as determined by the authorized officer unless specifically exempted from such
payment by regulatio'L Provided, however, that the rental may be adjusted by the authorized officer,
whenever necessaryi' 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 commer,.'.ia~ practices.
Terms
a.
Oo
do
and Conditions:
This grant is issued subject to the holder's compliance with all applicable regulations contained in Title 43
Code of Federal Regt'~la:ions part 2880.
Upon grant termination l)y the authorized officer, all improvements shall be removed from the Federa
lands within 90 days, .or Otherwise disposed of as provided in paragraph (4)(c) or as directed by the
authorized officer.
The stipulations, plan's, maps, or designs set forth in Exhibit A and B, dated, 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 t.~ comply with applicable law or any provision of this right-of-way grant shall
constitute grounds fo~' suspension or termination thereof.
The holder shall perfc,rrr~ all operations in a good and workmanlike manner so as to ensure protection of
the environment and :'he health and safety of the public.
The holder shall cons[ruer, operate, and maintain the facilities, improvements, and structures within this
right-of-way in strict c,~ntormity with the plan 'of development which was approved and made part of the
grant on May 20, 200,1. Any relocation, additional construction, or use that is not in accord with the
approved plan of develooment, 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 b~.~ made available on the right-of-way area during construction, operation, and
termination to the auti]orized officer. Noncompliance with the above will be grounds for ~mmediate
temporary suspensio~ o~' 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 Federa land shall be ~mmediately reported to the
authorized officer. Holder shall suspend all operations in the immediate area of such discovery until
written authorization t~ i:~roceed is issued by the authorized officer. An evaluation of the discovery will be
made by the authorized .~fficer 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 to proper
mitigation measures ~vill be made by the authorized officer after consulting with the holder.
The Holder shall be mSl:,onsible 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, written approval of a
Pesticide Use Proposal ~lan 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 Auttlor'ized Officer.
Applicator(s) of chem'ca,ls used must have completed the pesticide certification training and have a
current up to date Ce'tifigd Pesticide Applicator's License.
Pesticide Application Re'cords for the areas and acres treated must be submitted to the BLM Kemmerer
Field Office each yea,;~ '~his includes the following:
Brand or Product name
03001. 0
692
EPA registraiion number
Total amoum aFplied (use rate #A.I./acre)
Date of application
Location of a ppl cation
Size of area .:reared
Method of treatrnent (air/ground)
Name of applicator
Certification ,qumber
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 ant surface disturbance occurring during the period from April 10 to July 10 will
require surveys of nestir;g/brooding habitat for the protection of Mountain Plover Nests. Two week
notification is require :1 prior to any construction activity or ground disturbance in suitable nesting habitat.
The BLM wildlife biologi,,;t, 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 inspeCtio'l of the right-of-way. This inspection wil 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, ?r surface material, recontouring, topsoiling, or seeding. The authorized officer must
approve the plan in writi~g 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.
(Title)
(Date)
~(/~_ ~igna~ure of A~rized"Officer)
(Titl6,~
([ffectiYe Date of Grant)
o3o'o1 o ,- 6 9 3
'! PLAN OF DEVELOPI4ENT
TO ACCOMPANY
Cow Hollow 10-24 Well Connect
.GAS GATHERING LINE APPLICATION
WYW-15714O
Exhibit A
May 20. 2004
¸II.
III.
IV.
PROJECT DESCRIP-BO'N
The buried 6 inch stee;I pipeline will head in a northerly direction from Cow Hollow 10-24
well, located in the CN:~VV quarter of Section 24, Township 22 North, Range 112 West to a
pipeline in the S2SE (luarter of Section 13, Township 22 North, Range 112 west, Lincoln
County, Wyoming.
The total length of tl'e ROW is approximately 1262.7 feet, of which 1282.9 feet are on
Federal lands. A 50 foot wide corridor is requested for construction, operational and
maintenance purposes:
The pipeline will consi:3t 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 in dude 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 stockcolors comprise of
either Carlsbad CanyoF (2.5Y 6/2) or Desert Brown (10 YR 6/3).
RECONNAISSANCE AND LOCATION
Reconnaissance revea!s that the route selected was the most practical route in relation
tee well location and the nearest collector pipeline.
No other alternatives were considered becau se the proposed route utilizes existing surface
scars as much as possible.
ANCII' LARY RIGHTS OF WAY AND PERMITS
MGR will secure all rigflts of way on adjacent non-federal lands prior to pipeline construction.
MGR will notifi/authori:,_ed 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 i'nto 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
6'34
The design, construction, engineering, maintenance and inspection of the proposed
pipeline will be directdd by IVlGR personnel.
CONSTRUCTION
All design, material, and construction, operation, maintenance, and termination
practices shall be in .~ccordance with safe and proven engineering practices.
All equipment and v~hicular 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 sl~atl 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. "Wash',~' means all discarded matter including human waste, trash,
garbage, refuse, oil drums, petroleum prodJcts, ashes and equipment.
A litter policing prog'am 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 ati~thorized 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 an.v construction or routine maintenance activities during periods
when soil is too wet to adequately support construction equipment. If such
equipment creates si rface ruts in excess of 4 inches deep, IVlGR will deem that soil
conditions are too wet ":o adequately support construction equipment. Con struction
activities will not be allowed until soil conditions improve.
Winter construction wi;I not proceed/continue if the frost is deeper than one-foot.
Frost less than one-foo': deep will be stockpiled as topsoil. The BLM will be contacted
prior to construction !n 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 cor,ti:ngent upon weather condi§ons.
All construction materials will be hauled to the job by truck, as needed, and strung
along the ROW as it ar:rives. Pipe will be strung in such a manner as to cause the
least interference withI 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 ~tty foot ROW as is needed t~ provide a safe working area.
.
0:900174O
^ 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 ~rladin§. Spoil and topsoil would be windrowed separated along
the nonworking side cf the trench.
A wheel trencher wil! ;~e 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 tarrkoed into place with the §fader 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 ;fully, as well as at stream bank crossings and at established
work stations, some bJadin§ may be required to provide a safe and suitable workin§
area for the equipment and workers. When this occurs the top six inches of soil will
be stock piped on the side of the ROW and spread back over the area from which it
was taken, after thl': final grading. Before seeding any disturbed areas (if
applicable), the ROW will be restored to its original form, slope, contour, and soil
dens[b/to the extent p~racticab[e.
The construction force is expected to number approximately six to eight persons at
the peak of construct on. No temporary work camps are proposed.
The following is a list cf construction equipment proposed on the pipeline project:
a. i Welding Truck
b. 1 Tractor Trailer
c. 1 Two Ton Truck
d. 4 Pickup T"ucks
e. 1 Seed Dri!ler and Tractor (if applicable)
f. I Backhoe
g. 1 Trackhoe
h. 1 Side Boom Caterpillar
i. 1 Trencher:
After pipeline construction is corn pleted, pipeline markers will be installed at specified
intervals for identifyir~g the pipe's IocalJon.
No toxic substances'E~'re proposed for use in connection with the construction
project; however if tbxic substances are required, usable shall conform with
provisions of the Tox':c Substances Control Act of 1976, as amended (40 CFR Part
702-799). Any releasa 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 i'elease or spill of any hazardous material shall be furnished to
the authorized officer ~,ithin 5 working days of the occurrence of the spill or release.
The holder(s) shall co,~ply with all applicable Federal laws and regulations existing or
hereafter enacted or prpmulgated. In any event, the holder(s) shall comply with the
V
696
IV
VII
Toxic Substances Control Act of 1976, as amended (15 U.S.C. 2601, et see_.) 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 ion polychlOrinated biphenyls, 40 CFR 761.:[-761.193.)
Additionally, any release of toxic substances (leaks, spills, etc.) in excess of the
reportable quantity es:ablished by 40 CFR, Part 1 :[7 shall be re ported as required by
the Comprehensive E'n!vironmental Response, Compensation and Liability Act of
:[980, Section :[02b. ~ copy of any report required or requested by any Federal
agency or State govern:'nent as a result ora reportable release or spill of any toxic
substances shall be fur~dshed to the authorized officer concurrent with the filing of
the reports to the inw)l~fed 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 defrned in the Comprehensive Environmental Response,
Compensation and Liability Act of :[980, 42 U.S.C. 9601, et seq..or the Resource
Conservation and Rec0vefy Act of :[976, 42 U.S.C.6901 et seq.) on the ROW (unless
the relea se'or threatened release is wholly unrelated to the ROW holder's activity on
the ROW. This agreerpent applied without regard to whether a release is caused by
the holder, its agent, cr unrelated third parties.
Western Gas Resources.. ]:nc. will not conduct hydrostatic testing on the pipeline, it's
Western Gas Resources, ]:nc. and its subsidiaries policy not to conduct hydrostatic
testing on pipelines 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 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. ]:f damage shall occur to the pipe from external sources, repair or
replacement of the poition of the pipeline may be necessary. Detailed line break and
emergency procedures are used as routine operational procedJres of MGR.
The holder shall conduOt 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 jiJrisdiction. All disturbed areas will be re-contoured so that
the disturbed area blencs into the surrounding terrain. Appropriate measures will be
ta ken to prevent erosior through the use of construction diversion terraces, ri p-rap,
matting, and water b~rs.
All disturbed areas aloq;t the pipeline corridor will be reseeded to the landowner's or
regulatory agency's sl~ecifications. 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 sPecificati0 n s.
Upland Sites Seed Mi__x
Species Variety
Drill Seeding Rate.
Western wheatgrass ~
Thickspike wheatgrass
Indian Ricegrass
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 See[dMix
Species
Variety
Western wheatgrass
Bottlebrush squirreltai
Gardner saltbush
Ind ian ricegrass
Rosanna
Drill Seeding Rate.
6 lbs/acre PLS
3 lbs/acre PLS
2 lbs/acre PLS
4 bs/acre PLS
T:'otal
Wet Meadow/MarshSeed Mix
Species
Alkali sacaton
Nebraska sedge
Tufted hairgrass
Alkali grass
Variety
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) fprmula: % of purity of seed mixture times % germination of
seed mixture= portior of seed mixture that is PLS.
If 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 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 ~l~ant'ty of material used, pest(s) to be controlled, method of
Vll
OSO0 O
application, location Of storage, disposal of containers, y other information
deemed necessary.
MGR will be respon..;ible for weed control on the disturbed areas within the
established limits of tqe 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. Regrading and revegetation of disturbed land areas (if applicable) will be
completed as necessary.
VIII
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& ASSOCJA TES, INC.
S~:7~4LE: t" = 2000'
1414 ELK ST., SUITE202
ROCK SPRINGS, WY 82901
(307) 362-5028
i~lOB No. 10122
:DATE: 11/18103
PROPOSED PIPELINE
FOR
WES~RN GAS RESOURCES, INC.
TOTAL PROPOSED LENGTH: 1,262. 7'..~
EXISTING ROAD I TOPO MAP
~ROPOSED PIPELINE
1