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HomeMy WebLinkAbout900535FORM 2800-14 (August 1985) 0 6 - '1 ,,'3 - 0 4 A 1 1: '1 1 UNITED STATES DEPARTMENT OF ,T,..'HE INTERIOR BUREAU OF LAND I~ANAGEMENT RIGHT-OF-WAY GRANT Issuing Office KEMMERER FIELD OFFICE SERIAL NUMBER WYW-159474 A right-of-way is hereby granted p'~rsua'nt to Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185). Nature of Interest: a. By this instrument, the holder: Mountain Gas Resources, inc. 1099 18In Street, Suite 1200 Denver, CO 80202-1955 . receives a right to construct, operate, maintain, and terminate a 6" pipeline from the Cow Hollow 213-10 well, on.Federal lands described as follows: Sixth Principal Meridian, _incoln County, Wyoming T. 22 N., R. 112 W., Section 10: SE¼NW¼. do Rental: The right-of-way area gr~,nted herein is 50 feet wide, 623.6 feet long and contains .72 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 orof any applicable Federal law or' regulation. This instrument may be rar, ewed. If renewed, the right-of-way shall be subject to tile regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interes'. 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 lhe expiration, or prior termination, of the grant. For and in consideration of the rights granted, the holder agrees to pay lhe Bureau of Land Management fair market value rental as determined by the authorized officer unless specilically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever necessary, to [eflect changes in the fair market rental value as determined by the application of sound business managem~mt principles, and so far as practicable and feasible, in accordance with comparable commercial 9ractices: -665 Terms and Conditions: eo This grant is issued subject'to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulatiors part 2880. Upon grant term nation by t '~e authorized officer, all improvements shall be removed from the Federal lands within 90 days, or oth ..~rwise disposed of as provided n paragraph (4)(c) or as directed by the autho rized officer. The stipulations, plans, maps., or designs set forth in Exhibit A and B, dated June 3, 2004, attached hereto, are incorporated into ,.and made a part of this gram instrument as fully and effectively as if they were set forth herein in their' entirety. Failure of the holder to corn :~ly with applicable law or any provision of this right-of-way grant shall constitute grounds for susp~;r~sion or termination thereof. The holder shall perform all operations n a good and workmanlike manner so as to ensure protection of the environment and the he,:dth and safety of the public. The holder shall construct, c p arate, and maintain the facilities, improvements, and structures within this right-of-way in strict conformity with the plan of developmenl which was approved and made parl of tile grant on June 3, 2004. Any ,'e;ocation, additional construction, or use that is not in accord with the approved plan of developm(m, shall not be initiated without the prior written approval of the authorized officer. A copy of the compl'~t9 right-ol-way grant, including all stipulations and approved plan of development, shall be mad6 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 ac!iv ties if it constitutes a threat to public health and safety or the environment. Any cultural and/or paleonto'ogical 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 sha;I 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 offic3r 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 will be r'..qade by the authorized officer after consulting with the holder. 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 shall comply with all applicable Federa 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 Aulhorized Officer, written approval of a Pesticide Use Proposal Plan,showing the type and quantity of material to be used, pest(s) to be controlled, method of application, Iocatic ns of storage and disposal of containers, and any other information deemed necessary by the Authorized 'Officer. Applicator(s) of chemicals usad must have completed the pesticide certification training and have a current up to date Certified Pasticide Applicator's License. Pesticide Application Records for the areas and acres treated must be submitted to the BLM Kemmerer Field Office each year. This !ncludes the following: Brand or Product narie EPA registration number Total amount aoplied (use rate #A.I./acre) Date of application Location of application Size et area treated Method of treatment (air/ground) Name of applicator Certification number 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 surface disturbance wil be prohibited during tile period from April 1, through July 1 for the protection of Greater Sage Grouse nesting habitat. Any exceptions to this lequirement must have prior written approval from the authorized officer. Ninety days prior to termination of the right-of-way, the holder shall contacl 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 rehabilit~tion) plan This plan shall include, but is not limited to, removal of lacilities, drainage structures, or'su'rface material, recontouring, topsoiling, or seeding. The authorized officer must approve the plan in wriqng prior to the holder's commencement of any termination activities. iN WITNESS WHEREOF, The undersigned agrees to the ~erms a. pd conditions of this right-of-way grant. ~lder) (Signature of ~u~~Oflicor') ACTING FIELD M NAGER (Title) (Title) 09 JUN (Date) (Effective Date of Grant) 0:90 c 85 PLAN OF DEVELOPMENT TO ACCOMPANY (::ow Hollow 213-10 Well Connect G~S GATHERING LINE APPLICATION WYW-159474 EXHIBIT A JUNE 3, 2004 II. III. IV. PROJECT DESCRIPTION The buried 6 inch steel pipeline will head in a southerly direction from Cow Hollow 213-10 well, located in the CNW quarter of Section 10, Township 22 North, Range 112 West to a pipeline (WYW-122518) in the SENW quarter of Section 10, Township 22 North, Range 112 West, Lincoln County, Wyoming. The total length of the ROW is approximately 623.6 feet, of which 623.6 feet are on Federal lands. A 50 foot wide corridor is requested for construction, operational and maintenance purposes. The pipeline will consist ofa 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 pipelime 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 stockcolors comprise of either Carlsbad Canyon (2.5Y 6/2) or Desert Brown (10 YR 6/3). RECONNAISSANCE AND L_OCATION Reconnaissance reveals t:lat the route selected was the most practical route in relation Ir) the well location and the nearest collector pipeline. No other alternatives were :onsidered because the proposed route utilizes existing surface scars.as much as possible. ANCILLARY RIGHTS OF V./AY AND PERMITS MGR will secure all rights 0f 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 r_he 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 wil be confined to existing roads and the established ROW corridor. No major reconstruction or rerouting of these roads is intended. DESIGN III The design, construct[on, engineering, maintenance and inspection of the proposed pipeline will be direct~'d b/MGR personnel. CONSTRUCT[ON All design, material, [,nd constrUction, operation, maintenance, and termination practices shal be in accardance with safe and proven engineering practices. All equipment and vei:~icular 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 authorized officer, which covers all'roads and sites associated with the ROW. Pipeline construction wil[ commence when al permits and ROW documents have been secured. MGR will notify the autaorized officer 5 days in advance of starting any construction activities. All private s'J~'-ace landowners will be contacted prior to construction for access and surface usage. MGR will not allow any cc.nstruction or routine maintenance activities during periods when soil is too wet'to adequately support construction equipment. ]:f such equipment creates sur~:ace ruts in excess of 4 inches deep, MGR will deem that soil conditions are too wet Co 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-foo;: deep will be stockpiled as topsoil. The BLt4 will be contacted prior to construction ir 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 cont ngent upon weather condilJons. All construction materials will be hauled to the job by truck, as needed, and strung along the ROW as it a~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 lbe 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 o'f the ROW and spread back over the area from which it was taken, after the final 3rading. Spoil and topsoil would be windrowed separated along the nonworking side of the trench. A wheel trencher wi.I be used to dig a trench to an average depth of 48 inches, stacking the dirt be~,.'.ic~e the ditch. After the pipe is placed in the ditch a motor grader or caterpillar wi!l 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. [n 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 l)lading may be required to provide a safe and suitable working area for the equipme.~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 fie final grading. Before seeding any disturbed areas (if applicable), the ROW wiii be restored to its original form, slope, contour, and soii density to the exten.t 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 lis!: ofconstruction equipment proposed on the Pipeline project: a. 1 Welding Truckl b. i Tractor'F~ailer c. i Two Ton Truck d. 4 Pickup Trucks e. i Seed Dr;ller and Tractor (if apFiicable) f. i Backhoe g. i TrackhOe h. i Side Boom Caterpillar i. i Trencher After pipeline construct!on is completed, pipeline markers will be installed at specified intervals for identifyi)g ~e 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 Tmic Substances Control Act of 1976, as amended (40 CFR Part 702-799). Any releas'~ of toxic substances (leaks, spills, etc.) in excess of the reportable quantity a!; 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. The holder(s) shall ccmply with all applicable Federal laws and regulations existing or hereafter enacted or ~romulgated. In any event, the holder(s) shall comply with the V -.-..--070 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 under this ROW grant.(See 40 CFR, Part 702-799 and especially, provisions, on polychlorinated biphenyls, 40 CFR 761.i-761.193.) Additionally, any releaso of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part 117 shall be Feported as required by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section 102b. A ~!;opy of any report required or requested by any Federal agency or State government as a result ora 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 de~ned in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq. or the Resource Conservation and Reco~/ery Act of 1976, 42 U.S.C.690i et seq.) on the ROW (unless the release or threatened release is wholly unrelated to the ROW holder's activity on the ROW. This agreemer:t applied without regard to whether a release is caused by the holder, its agent, er unrelated third parties. Western Gas Resources, i!nc? will not conduct hydrostatic testing on the pipeline, it's Western Gas Resources, Inc. 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 MAII~iTENANCE The pipeline will be routinely patrolled and inspected by foot OF by Vehicle to check for problems such as erosion, ROW condition, unauthorized encroachment on the ROW and any other sitqations 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 port:ion 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 ABANDONMENT Following the completio,q 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 blenJs into the surrounding terrain. Appropriate measures will be taken to prevbnt erosion through the use of construction diversion terraces, rip-rap, matting, and water bars. VI C~7 1~ All disturbed areas along 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 specifications. .U. pland Sites Seed Hix 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 Giobemaiiow 3 lbs/acre PLS 0.5 lbs/acre PLS Total Sali~;Lowlan& Seedftix '\ Species~, / Western ~(heatgrass BottlebrL~lSXsq uirreltail Gardne}/saltbg, sh Indiaydcegras~ / Total Variety Rosanna Wet ~ead~v/Mars.h. Seed Mix Species~ / Variety Alkali sac~ton Nebras~ s'egg e Tufted/hairgr'a, ss Alkali {~rass Total 17.5 lbs/acre ~>r~ll Seec//ng Rate 6 I¥/ac/e PLS 3 !b~a~:re PLS 2 Ibs/~cre PLS 4 lbs/acUte PLS 15 lbs/acre ~,i~ll Seedir~ Rate 3 lb's~acr~'PLS i Ibs/~ PLS 2 Ibs/a~ PLS 4 Ibs~cre"~S 10 lbs/acre Pure Live Seed (PLS) formdla: % of purity of seed mixture times % germination of seed mixture= portion of seed mixture that is PLS. If pesticides are required, 1'4GR will comply with all applicable Federal and State laws. Pesticides will be used in accordance with registered uses and within limitations imposed by the Secretam cf Interior. Before using pesticides, (including emergency situations, MGR will obE~in' from the authorized officer a written approva of a plan showing the type and quantity of material used, pest(s) to be controlled, method of VII · ,.; 07o,. application, location Of storage, disposal of containers, and any other information deemed necessary. IVlGR will be responsible for weed control on the disturbed areas within the established limits of the ROW. IVlGR 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 will be capped and abandon in place, aboveground pipeline facilities 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 WYW-159474 EXHIBIT B JUNE 3, 2004 QUADS .....- /: HOI~ IN TI~E. I " HOOP LAKF, ~RIFFIN & ASsoclA T, Eg, INC. f4'14 ELK ST., SUITE202 SO, ALI':.': '1" = 2000' ?OCY SPRINGS, WY82901 JOB ~,lo~ '10507 (30 7) 362-5028 DA T~ ;. 2/23/04 "0 PIPELINES 623. 6 ~t' PROPOSED PIPE~ FOR WESTERN GAS RESOURCES, TOT`AL PROPOSED LENGTH: EXISTING ROAD --- 1 TOPOMAP PROPOSED PIPELINE ....