HomeMy WebLinkAbout900534FORM 2800-14
(August 1985)
UNITED STATES.
'DEPARTMENT OF THE INTERI'OF~'
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT
Issuing Office
KEMMERER FIELD OFFICE
SERIAL NUMBER WYW-159473
A right-of-way is hereby grained p~ ~rsuant to Section 28 of tile Mineral Leasing Act of 1920, as amended (30
U.S.C. 185).
2. Nature of Interest:
a. By this instrument, the hoMer:
Mountain Gas Resources, Inc.
1099 18"~ Street, Suite 12(10
Denver, CO 80202-1955
receives a rlgh~t to construct, operate, maintain, and terminate a 6" pipeline from the Hailstone 12 well, on
Federal lands described a; follows:
Sixth Principal Meridian, L ncoln, Wyoming
T. 21 N., R. 112W.
Section 30: Lot7, NE¼SVV¼.
The right-of-way area grar.ted herein is 50 feet wide, 2014.2 feet long and contains 2.31 acres, more or
less.
This instrument shall termlnate on December 31,2033, unless, prior thereto, it is relinquished,
abandoned, terminated, o" modified pursuant to tile terms and conditions of ~his instrument or of any
applicable Federal law or ~egulation.
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,
abandonment, or terminat,on, the prowsions of this instrument, to the extent applicable, shall continue ~n
effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the
obligations and/or liabilitie~ accruing herein before or on account of the expiration, or prior termination, of
the grant.
3. Rental:
For and in consideration o¢ tr~e 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, thai the rental may be adjusted by the authorized officer
whenever necessary, to r( flecl changes in the fair market rental value as determined by the application of
sound business managen ent principles, and so far as practicable and feasible in accordance with
comparable commercial p'actices.
4. Terms and Conditions:
· -..055
Co
do
eo
This grant 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 tile authorized officer, all improvements shall be removed from the Federal
lands within 90 days, or oth ~rwise disposed of as provided in paragraph (4)(c) or as directed by the
authorized officer.
The stipulations, plans, map.';, or designs set forth in Exhibit A and B, dated June 3, 2004, attached
hereto, are incorporated int,~ and made a part of this gram instrument as fully and effectively as if they
were set forth herein in thei ~ntirety.
Failure of the holder to com 3iy 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 l~e:~lth and safety of the public.
The holder shall construct, .)perate, and maintain the facilities, improvements, and structures within this
right-of-way in strict conforniity with tl~e plan of developmenl which was approved and made peri of the
grant on June 3 2004. Any '-elocation, additional construction or use that is nol in accord will~ the
approved plan of development, shall not be initiated without the prior written approval of the authorized
officer. A copy of the comp'ete 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 tl~e above wil 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 offi0er 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 lo proper
mitigation measures will be made by the authorized officer after consulting with the holder.
The Holder shall be responsible for tote control of all invasive/noxious weed species on any and all
disturbed sites. The Holder is responsible for consultation with tiqe Ault~orized Officer and/or local
authorities for acceptable weed contro~ methods, and shall comply with tile 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 Plan showing the type and quantity of materia to be used, pest(s) to be con[rolled
method of application, locations of storage and dispose ol containers, and any other information deemed
necessary by the Authorized Officer.
Applicator(s) of chemicals L sed must have completed [ne pesticide certification training and have a
current up to date Certified ~astic~de Applicator's License.
Pesticide Application Records for the areas and acres treated must be submitted to the BLM Kemmerer
Field Office each year. Thi.'., ;ncludes the following:
Brand or Product name
EPA registration nu r;ber
Total amount apphed (use rate #A.l./acre)
Date of applicatior
Location of applic~-ti0n
Size of area treated
Method of treatment (air/ground)
Name of applicato'?
Certification numbar.
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 s ~nace disturbance will be prohibited during tile period from February 1, through
July 31 for the protection o¢ raptor nesting habitat.
Any exceptions to this requir,ament must have prior written approval from the authorized officer.
Ninety days prior to termin'~tion of the right-of-way, the holder shall contact the aulhorized officer to
arrange a joint inspection (,f the right-of-way. Tt~is inspection will be held to agree to an acceptable
termination (and rehabilitation) plan. This plan shall include, but is not limited to, remova ot facilities,
drainage structures, or surface material, recontouring, topsoiling, or seeding. The authorized officer mus~
approve tile plan in writing prior to the holder's commencement of any termination activities.
Construction activity and sur:ace 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 prio,' to any construction activity or ground disturbance in suitable nesling habitat.
The BLM wildlife biologist, or a qualified contract biologist, wi perform surveys in suitable habitat
according to USFWS Draft Survey Guidelines (May, 1998) for mountain plovers. Contract biologists must
submit a written report of ~reas surveyed [o BLM prior to construction
The holder shall not initiat(: any construction or other surface disturbing activities on the right-of-way
without the prior written auihorization of the authorized officer. Such authorization sha be a written notice
to proceed issued by the authorized officer. Any notice to proceed shall authorize construction or use only
as therein expressly state¢ and only for the particular location or use therein described.
IN WITNESS WHEREOF, The undecsigned
(Title. C___
agrees to the terms,,~n(,I bpnditions of this right-of'-way grant.
(Signatur~ ~f XAuth~Tf~
ACTING FIELD MAN,~GER
(Title)
(Effective D~te of Grant)
(Date) ,'
PLAN OF DEVELOPMENT
TO ACCOMPANY
Hailstone Unit 12 Well Connect
GAS GATHERING LINE APPLICATION
WYW-159473
EXHIBIT A
JUNE 3, 2004
i~
II.
III.
IV.
PRO]ECT DESCRIPTION
The buried 6 inch steel p'peline will head in a northeasterly direction from Hailstone Unit 12
well, located in the SE quarter of Section 25, Township 21 North, Range 113 West to a
pipeline (Whisky Buttes 30-30 - WYW-119515 amendment)in the SENW quarter of Section
30, Township 121 North. Range 112 West, Lincoln County, Wyoming.
The total length of the ROW is approximately 3410.8 feet, of which 2014.2 feet are on
Federal lands. A 50 fco~ wide corridor's 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 pipel:ne is between 50 °F and 60 °F.
Associated facilities inclLide valving and metering.
All permanent above grc;:J~!~d facilities, piping, and va v ng will be a fiat, non-contrasting color
harmonious with the sm'rounding landscape. Present warehouse stockcolors comprise of
either carlsbad Canyon .:12.5Y 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 t~
the welt location and th~~ nearest collector pipeline.
No other alternatives we"e considered because the proposed route utilizes existing surface
scars as much as possib*e.
ANCILLARY RIGHIS OF ~AY AND PERMITS
MGR will secure all'rights of way on adjacent non-federal lands prior to pipeline construction.
MGR will noti~ authorized ROW users of MGR's proposed pipeline crossings or overlaps on
the grounds occupied b}' 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 '.
IH
The design, construction, engineering, maintenance and inspection of the proposed
pipeline will be directed b/MGR personnel.
V. CONSTRUCTION
All design, material, ar.d 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 prodJcts, ashes and equipment.
A litter policing program shall be implemented by the holder, and approved of in
writing by the authorize[i officer, which covers all roads and sites associated with the
ROW.
Pipeline construction wi'-1 commence when all permits and ROW documents have
been secured.
MGR will noti~ the auth~rized officer 5 days in advance of starting any construction
activities. All private surface landowners will be contacted prior to construction for
access and surface usace.
rVlGR will not allow any censtruction 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 wi I deem that soil
conditions are too wet to adequately support construction equipment. Construction
activities will not be allo, ved until soil conditions improve.
Winter construction will ~ot proceed/continue if the frost is deeper than one-foot.
Frost less than one-foot deep will be stockpiled as topsoil. The BLM will be contacted
prior to construction in vdnter conditions.
Construction of the proposed pipeline will occur ina planned sequence of pipeline
operations along the route. The construction period will commence as follows: (5)
five 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 'n 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 fif:y.foot ROW as is needed to provide a safe working
IV
.... 059
A minimum of the top six iriches 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 grad';n!~l. Spoil and topsoil would be windrowed separated along
the nonworking side of tiiie.trench.
A wheel trencher will be used to dig a trench to an average depth of 48 inches,
stacking the dirt beside'"~he 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 serf:ling. Disturbance of the top soil within the ROW will be
kept to a minimum. In ai::eas 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 bladii.~g may be required to provide a safe and suitable working
area for the equipment a~d!workers. When this occurs the top six inches of soil will
be stock piled on the sid~ :o:f 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 wil be restored to its original form, slope, contour, and soil
density to the extent prai:ticable.
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. I Welding Trdck
b. ! Tractor Trailer'
c. I Two Ton
d. 4 Pickup Trucl~s
e. 1 Seed Driller and Tractor (if ap~icable)
f. 1 Backhoe
g. 1 Trackhoe
h. :L Side Boom Caterpillar
i. 1 Trencher
After pipeline constructiol i.~ completed, pipeline markers will be installed at specified
intervals for identifying ~e pipe's location.
No toxic substances arc 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 es:':ablished by 40 CFR Part iI17.3 shall be reported as required
by the Comprehensive Environmental Response, Cornpensation, and Liability Act,
Section 102 B. A copy i)f any requested report required by any Federal or State
agency of a reportable re ease or spill of any hazardous material shall be furnished to
the authorized officer wit'.lin 5 working d~ays of the occurrence of the spill or release.
The holder(s) shall compy With all applicab e I~ederal laws and regulations existing or
hereafter enacted or pro~ndlgated. In any event, the holder(s) shall comply with the
osoesa [ , .- 0 0
IV
VII
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 utr~der 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 En¢ironmental 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 reiease 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
Conservat on and Recovery Act of 1976, 42 U.S.C.6901 et seq.) on the ROW (unless
the release or threatene, d 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.
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 hydr_ostatic
testing on pipelines le.~'s than 26,400 feet in length therefore no water wiKi._n._o~?be
used to test this pipelin, e...
OPERATION AND MAIMTENANCE
The piPeline will be routir~ely patrolled and inspected by foot or by vehicle to check
for problems such as ~rosion, ROW condition, unauthorized encroachment on the
ROW and anyother situations that could cause a safety hazard or require preventive
maintenance. If dam~,ge Shall occur to the pipe from external sources, repair or
replacement of the pot':ion of the pipeline may be necessary. Detailed line break and
emergency procedures, are used as routine operational procedures of MGR.
The holder shall cond~lc{all activities associated with the construction, operation,
and termination of the ROW within the authorized limits of the ROW.
STABILIZATION AN D ABAN DONrvlENT
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 bler~ds into the surrounding terrain. Appropriate measures will be
taken to prevent erosion through the use of construction diversion terraces, rip-rap,
matting, and water b~.rs.
VI
0h 005 4
All disturbed areas alon§ 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
suitable for drilling, the seed will be broadcasted and raked or chained to cover the
seed. The application 'ate and seed mixture will comply to the landowner's or
regulatory agency's spedfications.
Upland Sites Seed Mix
Species Variety
Drill Seedinq 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.$ lbs/acre PLS
Tc-tal
17.5 lbs/acre
Salin Lowlands Seedl~ix
Species
Western wheatgrass
Bottlebrush squirreltail_
Gardner saltbush
Indian ricegrass
To'ta
Variety
Rosanna
Drill Seedinq Rate
6 lbs/acre PLS
3 lbs/acre PLS
2 lbs/acre PLS
4 lbs/acre PLS
15 lbs/acre
Wet Meadow/Marsh Seed Mix
Species
Alkali sacaton
Nebraska sedge
Tufted hairgrass
Alkali grass
Variety
Drill Seeding Rate
3 lbs/acre PLS
1 lbs/acre PLS
2 lbs/acre PLS
4 lbs/acre PLS
10 lbs/acre
Pure Live Seed (PLS) forrlula % 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 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 i:'rom the authorized officer a written approval of a plan
showing the type and qua.ntity of material used, pest(s) to be controlled, method' of
VII
application, location of ~tOrage, 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. F4GR 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 ;]gency. The pipeline will be capped and abandon in place,
aboveground pipeline f[cilities will 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
2OO0
' No. ] ·
END sURvEY/
WGR
WNISK£Y BUTTES
... No. 40-30
WYW-1 59473
EXHIBIT B
JUNE 3, 2004
UNIT
;?HISK£ 1
~RIFFIN
& ASSOClATES, INC.
~14 ELK ST., SUITE202
'CK SPRINGS, WY 82901
(30 7) 362-5028
SCALE:" ~i" = 20DO'
JOB No. ~0493
DA TE' 2/13/04
PROPOSED PIPELINE
FOR
WESTERN GAS RESOURCES, INC.
TOTAL PROPOSED LENG~Hi 3,410. gL+
EXISTING ROAD ...... ,,, TOPO MAP
PROPOSED PIPELINE