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HomeMy WebLinkAbout1.0 ApplicationDate: `SPECIAL USE PE'•'IT January 18, 1982 L.pplicant: WESTERN SLOPE GAS COMPANY )(441efr 4 Address of Applicant: P.O. Box 840, Denver, Colorado 80201 Special Use: Construction and operation of approximately 8.0 miles of 8 -inch natural gas pipeline. Legal Description: Across Sections 19, 20, 29, 30 and 31, T -7-S. R -95-W Sections 34, 35 and 36, T -7-S, R -96-W and Sections 3, 4, 8 and 9, T -8-S, R -96-W, 6th P.M., Garfield County, Colorado Requirements: 1. Plans and specifications for proposed use. 2. Letters of approval from utility companies, sewage and water. Road access and other information deemed necessary. 3. A vicinity map drawn to scale depicting the subject property, location and use of buildings and structures on adjacent lots. 4. An impact statement on the proposed use (see 5.03.07 - 5.03.09 of Zoning Regs.) 5. A copy of Assessor's map showing property; and a listing of all adjoining property owners and property owners within 200 feet of said property. Notice containing information described under paragraph 5 shall be mailed to all owners of record of these lots at least 5 days prior to the hearing by certified return receipt mail. 6. Notice including the name of the applicant, description of the subject lot, a description of the proposed special use and the time and place for the hearing shall be given in the newspaper of general circulation in that portion of the County at least fifteen (15) days prior to such hearing time. Applicant shall bear the cost of advertising. 7. A fee of $500.00 shall be charged for each application and shall be sub- mitted with the application. This Special Use Permit is in compliance with Sections 5.03 and 9.03 of the Garfield County Zoning Resolution and as per application. List all property owners within 200 feet of subject property lines. List of property owners on Exhibit A attached hereto. Attach map showing all improvements (present and proposed) and all pertinent distances and area. Show all improvements on your property and adjoining property within 200 feet of ymrr boundary. The above information is corr:ct to the best of my knowlege. WESTERN SLOPE GAS CMN Proof _of Publication Mail Receipts Fee Special Use Granted Special Use Denied Reason for Denial Applicant Date: J.W. Steck BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO • III to)0 Western Slope Gas i : Company One Park Central — 1515 Arapahoe Street P. O. Box 840 Denver Colorado 80201 (303) 534-1261 Proposed Parachute - DeBeque Pipeline Property Owners - Garfield County Township 7 South, Range 95 West Section 19: Skyline Oil Company 2000 University Club Bldg. Salt Lake City, Utah 814111 Section 20: Mona G. Gardner 0134 County Rd. 303 Parachute, Colo. 81635 Township 7 South, Range 96 'Test Section 36: High Mesa Development c/o Corporation Services Co. 1105 Market St. Wilmington, Delaware 19801 Jacqueline M. Getty c/o CPC Properties Box 1941 Grand Junction, Colo. 81501 Section 35: Jacqueline M. Getty Otis and Erlene M. Murray 6067 306 Rd. Grand Valley, Colo. 81635 Section 34: Jacqueline M. Getty Thomas E. and Donna J. Reppo - 1/2 Raymond J. and Dixie L. Hofferber - 1/2 1091 County Rd. 300 Parachute, Colo. 81635 1 • Township 8 South, Range 96 West Section 3: Thomas E. and Donna J. Reppo 1/2 Raymond J. and Dixie L. Hofferber 1/2 Wm. C. and Bernice Hammerick P.O. Box 124, Rifler Colo. 81650 Malcom C. Jolley 717 Cooper Ave. Glenwood Springs, Colo. 81601 Section 4: Wm. C. and Bernice Hammerick Malcom C. Jolley Section 8: Edwgrd N. Juhan - 5/6 Anthony F. Zarlengo - 1/6 7675 W. 14th Ave. Denver, Colo. 80215 Western Slope Gas Company One Park Central — 1515 Arapahoe Street P. 0. Box 840 Denver Colorado 80201 (303) 534-1261 PARACHUTE-DEBEQUE 8 -INCH LOOP PLAN OF OPERATIONS INTRODUCTION In compliance with Section 28 of the Mineral Leasing Act of 1920, as amended, and as follow-up to discussions with staff of the BLM, Western Slope Gas Company submits the following Plan of Operations for approval. The primary goal of this plan is to accomplish compatibility between pipeline engineering design and landscape design. Secondary goals include, but are not limited to, preservation of visual quality; wildlife habitat; cultural resources and timber resources; prevention of soil erosion; and establishment of a revegetation program. I. Description of the Proposed - Western Slope Gas Company (Applicant) proposes to construct one eight -inch (8") natural gas pipeline from existing facilities South of Parachute, Colorado to its metering and sales station at DeBeque, Colorado. The proposed is 13.54 miles in length of which 3.46 miles will be constructed on public lands administered by the Bureau of Land Management. The proposed, as engineered, will parallel Applicant's existing smaller dia- meter gas line in the same fifty foot (50') right-of-way. The right-of-way for the existing line on public land was granted on two BLM permits: C-093710- R/W (Southern Union 30-95 and 28-95 Well Laterals) and C-0125217-R/W (Grand Valley to DeBeque Gas Transmission Line). The basic separation between the existing and proposed will be ten feet (10'). Alignment of the proposed is shown on the USGS base map marked "Proposed Parachute-DeBeque Loop" attached hereto and made a part hereof. Parachute-Debeque 3 -Inch 410p Plan of Operation Page 2 II. Construction Schedule - Applicant proposes to begin construction on or about May 15, 1982 and actual pipeline construction is expected to take 40-50 days to complete. Applicant will call for a preconstruction conference with the Glenwood Springs Resource Area Manager of the Bureau of Land Management (hereinafter referred to as the authorized officer) at least one week prior to the commencement of any surface disturbing activities. Applicant will likewise notify the au- thorized officer when construction activities are completed so that a BLM representative can examine the right-of-way to determine that the terms, conditions and stipulations of the grant have been complied with. III. Tree Removal (General) - Applicant will cut all trees to be removed prior to earth moving activity. Wherever possible, the clearing edge will be feathered both horizontally and vertically to avoid a "clear cut" appearance. The pre- servation of existing vegetation as screening will be considered. Where stumps remain, they shall be cut so that the exposed faces of the cut are turned away from most potential viewers. All clearing will be undertaken in such a way so as to protect and preserve adjacent soils, vegetation, streams, water bodies, wildlife habitat and other resources. IV. Tree Removal (Specific) - All logs and branches four inches (4") in diameter or greater shall be cut in convenient lengths and removed from the right-of- way for resale or private use. All material less than four inches (4") in diameter will be cut and stockpiled to be scattered along the right-of-way after construction. Prior to removing any trees from public land, Applicant will secure a wood permit from the Glenwood Springs Resource Area Forester. Par3chute-DeBeque 8 -Inch ltp Plan of Operation Page 3 V. Topsoil - Prior to actual right-of-way construction, where practicable, topsoil and minor vegetation will be stripped to a depth of six inches (6") and stock- piled to be returned upon completion of construction. Topsoil will not be mixed with trench spoils or used for pipeline padding. VI. Construction Methods - Construction of the proposed will be by conventional methods using bulldozers, backhoes, track mounted side booms, welding rigs and inspector's vehicles. No new access roads will be constructed. All con- struction activities will be confined to the minimum area necessary which will not exceed the fifty foot (50') right-of-way. Prior to any construction activity, the exterior boundaries of the right-of-way will be clearly marked. No "unusual" construction methods are anticipated. VII. Restoration - Immediately following construction, the construction area will be re-contoured to as near original condition as practicable. All trash and excess material will be hauled away. Spoils deposited in drainages will be removed and any culverts placed in drainage crossings during construction will be removed. Existing access roads to remain will be graded smooth. Points of access to the right-of-way will be blocked with berms or fenced to prevent vehicular travel along the right-of-way. Stockpiled topsoil will be replaced and tilled to a depth of four inches (4"). Water bars or "kicker dikes" will be constructed as directed by the authorized officer. The structures will be constructed across the full width of the disturbance. The distance between the structures will vary according to the grade of each individual slope. The maximum distance between structures will be as follows: Parachute-DeBeque 8 -Inch p Plan of Operation Page 4 • VII. Restoration (Continued) For grades of 1% of less, the slope distance will be 400 feet; For grades of 1% to 5%, the slope distance will be 300 feet; For grades of 5% to 8%, the slope distance will be 200 feet; For grades of 9% and above, the structures will be constructed as dir- ected by the authorized officer. For purposes of establishing the distance between structures, the crest of the slope will be the point of beginning. Following construction, Applicant will paint above ground facil;t-ies and exposed pipe with an environmentally suitable color scheme and install standard pipeline markers along the right- of-way. VIII. Reseeding - After construction and restoration activities are completed, Applicant will revegetate all disturbed areas using the following formula: All seeding will occur between September 15th and November 15th. All seed will be drilled to a depth of one-hald inch or broadcast using double the approved rate. All broadcast seed shall be raked in. In order to adequately rehabilitate the disturbed area, Applicant will reseed as many times as deemed necessary by the authorized officer. TX. Cultural Resources - Prior to any construction activities, the right-of-way across public lands will be subjected to a Class III 100% pedestrian survey for cultural resources performed by a qualified archaeologist and proper re- ports filed and accepted by the authorized officer. If during construction activities any antiquities or objects of scientific interest including, but not limited to, historic or pre -historic ruins or artifacts are discovered, all construction activities in the area of the dis- Parachute-DeBeque 8-Incop Plan of Operation Page 5 IX. Cultural Resources (Continued) covery will immediately cease and the authorized officer will be contacted. Construction activities in the area of the discovery will be suspended until notified to proceed by the authorized officer. If the authorized officer determines that data recovery and/or salvage excavations are necessary, Applicant will bear the cost of said operations. X. Pesticides - The Applicant will comply with the applicable federal and state laws and regulations concerning the use of pesticides (i.e. - insecticides, herbicides, fungicides, rodenticides, and other similar substances) in all activities and/or operations under the grant. The Applicant will obtain from the authorized officer approval of a written plan prior to the use of such substances. The plan must provide for the type and quantity of material to be used; the pest, insect, fungus, etc., to be controlled; the method of application; the location for storage and disposal of containers; and other pertinent information that the authorized officer may require. The plan should be submitted no later than December 1st of any calendar year that covers the proposed activities for the next fiscal year. Emergency use of pesticides may occur. The use of substances on or near the right-of-way area shall be in accordance with the approved plan. A pesticide shall be used only in accordance with its registered uses and without other limitations if the Secretary of the Interior has not imposed restrictions. A pesticide shall not be used if the Secretary has prohibited its use. Pest- icides shall not be permanently stored on public land authorized for use under this grant. , Prachute-DeBeque 8-Incop Plan of Operation Page 6 XI. As Built Survey - Applicant will submit, within sixty days (60) after con- struction, an as built survey map which will conform to the standards set out in 43 CFR 2882.2-4. WESTERN SLOPE GAS COMPANY By Date ;plf omm estern. Slope Gas .i515 Arapahoe St. Denver, Colo. 80201 i arbc}lute, 4010. .pec. 1J, 1002 Dear Sir: In ar_swer to your letter concerning a pipeline Eicross my place, I us;derstend my t u 'eand geve permission with the understanding that you maintain the line without cost or inconvenience to him. You t Hve not doe this. ?Me pig eline is a ct,allene e to motor cjciists, jeeps aed 4 wt eel drives. I have Jost trac.c of the money spent bed times I hive bought signs such bz: "Private eroperty ", "Neep Gate Closed", "iso Trespessirk". I am now a widow and have to hire or impose on someone to repair tie fence to Keel; the live stock in or round then; up. I hove had the sheriff's deputies eny nun,eer of times. I sat at the lower end of the pipe.kirie one whole Sunday ana turned away vehicles. I contacted your man in M eeKer and he promised to put a fence across the upper end with a "Neep out" sign. About 3 months later he called to say the sign was up, but iii the meantime hunters had flocked i,: 5 or more vehic.4es a day. Every year we have had live..tocK Killed aria f ielus damaged by tt e vehicles. hidht now it is a piayt;round for snowmobiles and sleds This land is o .i Battlement Mesa, about a half mile front the Trailer Court. If tree housing sY ould spread southwest, pipelines wou..d hurt the sale of the property. The oil lease on the full 520 acres came up to 75.0j a year w` ie my gas bill went from , 30. J0 a month to 470.00. This is too much of ae inequity considering the conditions. I feel you owe me ra. t,.reat deal already for the expense and inconvenience. I expectsome guarantee thet you wi�.l assume full responsi: ility for the future before any more lines are considered. Yours T. uly, /C' ,✓. J���'>-Cid % D Western Slope Gas Company. Mrs. Mona Gardner 0134 - 303 Road Parachute, Colorado 81635 Dear Mrs. Gardner: One Park Central — 1515 Arapahoe Street P. 0. Box 840 Denver Colorado 80201 (303) 534-1261 February 19, 1982 In response to your letter of February 10th regarding "recreational" use of Western's right-of-way across your property, let me assure you that Western in no way condones this type of activity and in fact is willing to go to whatever length necessary to discourage that type of use. As you know, Western plans to construct a second pipeline in its easement across your property and could, in conjunction with that project, erect either earthen or steel barriers that would prevent vehicular access along the right-of- way. We are already planning to erect some type of barriers on the right-of-way across BLM lands south of your property. Please accept this letter as my assurance that we will work with you on this problem to insure that your unhappy experiences of the past do not continue. If you have any questions or comments, please call me in Denver at 571-7490. Very truly yours, WESTERN SLOPE GAS COMPANY ohn W. Steck Right -of -Way Agent JWS:plf Mona G. Gardner 0134 County Road 303 Parachute, Colorado 81635 Dear Mrs. Gardner: -Aein One Palk Central — 1515 Arapahoe Street P. 0. Box 840 Denver Colorado 80201 (303) 534-1261 February 3, 1982 Q40141.0 This letter is to inform you that, in June, 1982, Western Slone Gas Company in- tends to begin construction of an eight -inch natural gas pipeline from its existing metering facility near Battlement Mesa to its sales and metering station in DeBeque, -:'Colorado, in Garfield and Mesa Counties. The new pipeline is needed to increase deliverability and reliability of natural -gas service to meet the ever increasing needs of consumers in the Grand Valley. The pipeline, as engineered, will parallel an existing smaller diameter pipeline which crosses your property in the WIISW1/4 of Section 20, Township 7 South, Range 95 West, Garfield County, Colorado, and will occupy an easement acquired by Western in the mid 1960's. Western has made application for a Garfield County Special Use Permit to con- struct its pipeline and has provided your name as a landowner who will be affected by the proposed construction to the Garfield County Planning Department for notification of the public hearing on the proposed project. Please be advised that the public hearing has been scheduled for February 22, 1982, at 9:00 a.m. in the Commissioner's office at the courthouse in Glenwood Springs. A copy of the public notice, published in the Rifle Telegram, is attached. You are cordially invited by Western Slope Gas to attend that hearing and offer your comments on this very important project. Sometime prior to February 22nd, I will contact you personally to discuss the proposed pipeline and any special access or construction concerns you may have. It is Western's intent to construct this pipeline with the minimum impact to the environ- ment and surrounding landowners and your input to that effect will be appreciated. In the mean time, if you have any questions or comments, please call me collect in Denver at 571-7490. Very truly yours, WE TERN SLOPE GAS CcOMPANY ///it ttohn W. Steck Right -of -Way Agent JWS : plf Attachment UNITED :.1n1L5 DEPARTMENT OF 1 HE 1 N1 LR I OR BUREAU OF LAiID MANAGEMENT GRANT) JUIICTIOiI DISTRICT OFFICL Right -of -Way Grant (Natural Gas Pipeline) Serial Number C-0125;!17 Expiration Date (Amended) This right-of-way grant, which is a license entered into on - 5//9A by the United States of America, the licensor, through the Bureau of Land Management, and Western Slope Gas Company, P.O•. Box 840, Deaver, Co., 80201 the licensee, is hereby issued under Section 28 of the Mineral Leasing Act of February 25, 1920 (41 Stat. 449), as amended (30 U.S.C. 185), and is subject to all applicable Federal, State and local laws and regulations, now or hereafter in force, including Title 43, Code of Federal Regulations, Parts 2800 and 2880. The terms used in this right-of-way grant are defined in 43 CFR 2880.0-5 (44 Federal Register 58126, October 9, 1979 and 45 Federal Register 59879, September 11, 1980). Sec. 1. RIGHTS UNDER THIS 'RIGHT-OF-WAY GRANT -- this right-of-way grant confers upon the holder a non-exclusive, non -possessory, right to construct, operate, maintain and terminate, in accordance with the terms, conditions and stipulations of this document and applicable regulations, a 8 inch natural vas pap. line on the following- described ollowing- described Federal lands situated in the State of Colorado: T. T1., R 9';.:4, 6th PO.... Sec. 19: i..:i,1:Ljy; Sec. 29: 11 i'W ; Sec. 30: I',_ 2iE, , /NM, SW11SE1 Sec. 31: I1• NE , SW&4,i—,, SEuN1 . T. 7S., P. 0;7.. 6th P.M. Sec. )J: v�-;}�•r4. T. 8:. , R. S= i•'. , 6th P.m. See. 4: s fl'I_i 7, Sec. 8: SW,1 ;, LTI•IZSE,-i,; Sec. 18: SE 1W -. T. 8S.2 1; . PT.., ('_ h P.M. Sec. 24LE,-. Sec. 26: hE14NE al,'Its } • 4 1 u 4 a. This right-of-way grant is subject to all valid rights existing on the date issued. b. The United States retains all rights in the Federal lands subject to this right-of-way not expressly granted in this document, including, but not limited to, a continuing right of access across the right-of-way area to all Federal lands, including the sub -surface and air space; a continuing right of physical entry to anv part of the facilities authorized for inspection, monitoring, or for any other purpose or reasons consistent with any right or obligation of the United States under any law or regulation; and the right to use the right-of-way and to authorize compatible uses on, under, above or adjacent to the Federal lands subject to this right-of-way grant. c. This right-of-way grant shall terminate on unless prior to that time it is relinquished, abandoned or otherwise terminated pursuant to the provisions of this grant or of any applicable Federal law or regulation. This right-of-way grant is renewable at the end of its term if an application for renewal is properly and timely filed by the holder and the facility is being operated and maintained in accordance with all provisions of this grant, and applicable laws and regulations. At the time of renewal, the authorized officer may modify the terms, conditions and stipulations of this grant. Sec. 2. TERMS AND CONDITIONS -- in consideration of the foregoing, the holder hereby agrees: a. To construct, operate, maintain and terrninate on Federal lands only those facilities represented at the location(s) shown on the official approved right-of-way map, consisting of one page(s), filed with the Bureau of Land Management. on 1/21/82 , a copy of which map is• attac h0d hereto as I-xhihit. A and made a part hereof . The total width of the riq i -of-%. grunted by this document is 50 feet. 1'��nr 1 or 5 b. To comply with all State and Federal laws applicable to pipeline system construction, operation and maintenance and any such additional State and Federal laws and implementing regulations that may be enacted during the term of this grant. c. That the facilities authorized will be modified, adapted or discontinued within the provisions of the Mineral Leasing Act and without liability to the United States, if the Secretary of the Interior determines that the use of the land for pipeline and related facility purposes conflicts with a proposed use or occupancy of the land which will better serve the national interest. d. That in the construction, operation, maintenance and termination of the facilities authorized by this right-of-way grant, the holder shall not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin. All subcontracts shall contain an identical provision. e. To build and repair roads, fences and trails that may be destroyed or damaged by construction, operation or maintenance of the pipeline and related facilities and to build and maintain suitable crossings for roads and trails that intersect the right-of-way and related facilities. f. To take all reasonable measures to prevent or suppress fires on or in the immediate vicinity of the right-of-way and to make available such construction and maintenance personnel as may be reasonably obtained for the suppression of such fires. g. To comply with applicable State and Federal air and water quality standards and facility siting standards. h. To take all measures necessary to prevent damage to the environment, damage to public and private property, and hazards to public health and safety; and to protect interests of individuals living in the general area traversed by the right-of-way who rely on the fish, wildlife and other biotic resources of the area for subsistence purposes. i. To comply with applicable Federal and State law that will protect the safety and health of pipeline workers and the general public, including, but not limited to, protection against the sudden rupture and slow degrada- tion of the pipeline. The holder shall design, construct, operate and maintain the facilities authorized by this grant in accordance with applicable Federal and State laws governing pipelines and pipeline construction. j. That this right-of-way grant does not authorize the holder to take any products from the Federal lands involved, including, but not limited to, timber, forage, mineral and animal resources. k. That the holder may not allow the use of this right-of-way by others, except its contractors, subcontractors, employees, agents or servants for purposes of construction, operation, maintenance or termination of the facilities authorized by this grant. 1. That this right-of-way grant cannot be conveyed, assigned, or otherwise transferred, in whole or in part, without prior written approval by the authorized officer. m. To notify the authorized officer of any change in the holder's status, such as changes in legal mailing address, financial condition, business or corporate status, and alien ownership. n. That all activities authorized by the right-of-way grant may be suspended prior to an administrative proceeding, upon a determination by the authorized officer that such suspension is necessary to protect the public health and safety or the environment. An order of immediate temporary suspension of activities shall remain effective until the authorized officer issues an order permitting resumption of activities. pane 2 of 1- 2880-1 (3/'Ll) o. That the authorized officer may suspend or terminate this right- of-way grant if he determines that the holder is unwilling, unable or has failed to comply with the applicable laws or regulations, or any term, condition or stipulation of this document or has abandoned the right-of-way. Deliberate failure of the holder to use the right-of-way for the purposes authorized for any continuous two-year period shall constitute a presumption of abandonment. The holder shall provide the authorized officer with a statement, commencing on the second year from the date of this grant and every two years thereafter for the term of the grant, that the holder is using the right-of-way for the purposes authorized herein in accordance with the terms of this grant. p. To submit to the authorized officer, prior to commencing pipeline operations, a certification of construction, verifying that the entire pipeline system, including those portions located on both Federal and non -Federal lands, has been constructed and tested in accordance with the terms of this grant and in compliance with any required plans and specifications and applicable Federal and State laws and regulations. A copy of the certification of construction shall also be submitted to the involved District Manager. q. To restore the Federal lands to a condition satisfactory to the authorized officer upon termination of this right-of-way grant. r. To pay the United States the full value for all damages to the lands or other property of the United States caused by the holder or by his employees, contractors, or employees of the contractors. s. To be fully liable for injuries or damages to third parties resulting from activities or facilities on lands under Federal jurisdiction, in accordance with the law of the jurisdiction in which the damage or injury occurred, and to fully indemnify the United States for liability, damage or claims arising in connection with the use and occupancy of the right-of-way area. t. To pay annually, in advance, the fair market value for the right-of-way upon a determination thereof by the Bureau of Land Management. The holder has submitted a deposit in the amount of $25.00 which amount is merely to insure payment of rent and is not to be construed as having any relationship whatsoever to the fair market value of the right-of-way. Upon a determination of the fair market value, the holder will be notified of the required amount and method of payment and will have the right of appeal. Failure to submit any required payment within thirty days after notice of default may result in termination of this grant. The Bureau of Land Management, after the initial determination of fair market value for the right-of-way, reserves the right to review the fair market value determination whenever necessary and to adjust it in accordance with regulations and procedures in effect at the time of review, if necessary, to insure the payment to the United States of full fair market value of the right-of-way. u. To submit a non -returnable sum of $80.00 as reimbursement for costs incurred by the United States in monitoring the construction, operation, maintenance, and termination of the authorized facilities and for pro- tection and rehabilitation of the lands involved, which amount has been paid and is hereby accepted. Following termination of the right-of-way grant, the holder will be required to pay additional amounts to the extent and in the event that actual costs incurred by the United States exceed the above -stated payment. Sec. 3. STIPULATIONS -- the holder further agrees to comply with and be bound by the following stipulations which are made a part hereof. For the purposes of these stipulations, the authorized officer shall be a. The holder shall immediately bring to the attention of the authorized officer any and all antiquities or other objects of historic or scientific interest including, but not limited to, historic or prehistoric ruins, or artifacts discovered as a result of operations under this right-of-way ^;ne3o` 5 2£80-1 (30'a) grant. The holder shall immediately suspend all activities in the area of the object and shall leave such discoveries intact until told to proceed by the authorized officer. Approval to proceed will be based upon evaluation of the cultural significance of the object. Evaluation shall be by a qualified professional selected by the authorized officer from a Federal agency insofar as practicable. When not practicable, the holder shall bear the cost of the services of a non -Federal professional. The holder shall follow the mitigation requirements set forth by the authorized officer concerning protection, preservation or disposition of any sites or material discovered. In those situations where the authorized officer determines that data recovery and/or salvage excavations are necessary, the holder shall bear the cost of such data recovery and/or salvage operations. b. The holder shall comply with the applicable Federal and state laws and regulations concerning the use of pesticides (i.e., insecticides, herbicides, fungicides, rodenticides, and other similar substances) in all activities and/or operations under this right-of-way grant. The holder shall obtain from the authorized officer approval of a written plan prior to the use of such substances. The plan must provide for the type and quantity of material to be used; the pest, insect, fungus, etc., to be controlled; the method of application, the location for storage and disposal of containers; and other pertinent information that the authorized officer may require. The plan should be submitted no later than December 1 of any calendar year that covers the proposed activities for the next fiscal year. Emergency use of pesticides may occur. The use of substances on or near the right-of-way area shall be in accordance with the approved plan. A pesticide shall be used only in accordance with its registered uses and without other limitations if the Secretary of the Interior has not imposed restrictions. A pesticide shall not be used if the Secretary has prohibited its use. Pesticides shall not be permanently stored on public lands authorized for use under this right-of-way grant. c. The facilities authorized herein shall be constructed, operated and maintained as common carriers, and all owners or operators of the facilities shall accept, convey, transport, or purchase without discrimination all gas delivered to the facilities without regard to whether such gas was produced on Federal or non -Federal lands. In the case of gas produced from Federal lands or from the resources on the Federal lands in the vicinity of the pipeline, the Secretary of the Interior may, after a full hearing with due notice thereof to the interested parties and a proper finding of facts, determine the proportionate amounts to be accepted, conveyed, transported, or purchased. (This stipulation does not apply to any natural gas pipeline operated by any person subject to regulation under the Natural Gas Act or by any public utility subject to regulation by a state or municipal regulatory agency having jurisdiction to regulate the rates and charges for the sale of natural gas to consumers within the state or municipality. Where natural gas not subject to state regulatory or conservation laws governing its purchase by pipelines is offered for sale, each such pipeline shall purchase, without discrimination, any such natural gas produced in the vicinity of the pipeline). Whenever the Secretary has reason to believe that any owner or operator subject to this section is not operating any gas pipeline in complete accord with its obligations as a common carrier hereunder, he may request the Attorney General to prosecute an appropriate proceeding before the Interstate Commerce Commission or Federal Energy Regulatory Commission or any appropriate state agency or the United States District Court for the district in which the pipeline or any part thereof is located, to enforce such obligation or to impose any penalty provided therefor, or the Secretary may, by proceeding as provided in this grant, suspend or terminate this grant for noncompliance with the provisions of this stipulation. The holder shall not cause or permit well hookups to this pipeline to be made or transport oil and gas production from leases or individual wells under the administration of the Geological Survey until production and metering facilities have been specifically approved by the District Supervisor, Geological Survey, in accordance with 30 CFR 221.33; 221.43; and 221.44. r'3ge of 5 2880-1 (3/'81) c. The holder shall construct, operate, and maintain the facilities within this right-of-way grant in strict conformity with the descriptive and technical data contained in the Plan of Operations, t•:hich was furnished the Bureau of Land i.anagement in connection wi th the application for this richt-of-way and received on April 15, 1982 , a copy of which is attached as Exhibit B. Any relocation, additional construction or use tihhich is not in accord with such data may not be initiated without the prior written approval of the authorized officer. A copy of the conplete application and a copy of the grant stipulations shall be available on location during construction and rehabilitation to all supervisory personnel and to the authorized officer. d. Except for the facilities authorized by this amendment, all terms and conditions of the original grant shall remain in full force and effect. Sec. 4. EXECUTION AND AGREEMENT -- This right-of-way grant consists of �, pages, of which this is the C tt . Execution of this document constitutes an agreement between the holder and the United States that, in consideration, of the right to use Federal lands, the holder shall abide by all the terms, conditions and stipulations contained in this document and the provisions of applicable laws and regulations. For Execution by the Holder: , q/ older's signature) ,)C Vice President & General Manager (Title) (Date), For Execution by the United States: THE UNITED STATES OF A!ERICA /f ; By: District Manager Grand Junction'District Office Bureau of Land Management ATTEST: i (Date) j �A q. i r-,--c-,L. Assistant Secretary Corporate Seal (If Applicable) Page 5 of 5 Western Slope Gas • Company One Park Central — 1515 Arapahoe Street P. 0. Box 840 Denver Colorado 80201 (303) 534-1261 PARACHUTE-DEBEQUE 8 -INCH LOOP PLAN OF OPERATIONS INTRODUCTION In compliance with Section 28 of the Mineral Leasing Act of 1920, as amended, and as follow-up to discussions with staff of the BLM, Western Slope Gas Company submits the following Plan of Operations for approval. The primary goal of this plan is to accomplish compatibility between pipeline engineering design and landscape design. Secondary goals include, but are not limited to, preservation of visual quality; wildlife habitat; cultural resources and timber resources; prevention of soil erosion; and establishment of a revegetation program. I. Description of the Proposed - Western Slope Gas Company (Applicant) proposes to construct one eight -inch (8") natural gas pipeline from existing facilities South of Parachute, Colorado to its metering and sales station at DeBeque, Colorado. The proposed is 13.54 miles in length of which 3.46 miles will be constructed on public )ands administered by the Bureau of Land Management. The proposed, as engineered, will parallel Applicant's existing smaller dia- meter gas line in the same fifty foot (50') right-of-way. The right-of-way for the existing line on public land was granted on two BLM permits: C-093710- R/W (Southern Union 30-95 and 28-95 Well Laterals) and C-0125217-R/W (Grand Valley to DeBeque Gas Transmission Line). The basic separation between the existing and proposed will be ten feet (10'). Alignment of the proposed is shown on the USGS base map marked "Proposed Parachute-DeBeque Loop" attached hereto and made a part hereof. EXHIBIT 6 ;'araChutc-Dc 1,( u(• Plan of U},critior, Page 2 II. Construction Schedule - Applicant proposes to begin construction on or about May 15, 1982 and actual pipeline construction is expected to take 40-50 days to complete. Applicant will call for a preconstruction conference with the Glenwood Springs Resource Area Manager of the Bureau of Land Management (hereinafter referred to as the authorized officer) at least one week prior to the commencement of any surface disturbing activities. Applicant will likewise notify the au- thorized officer when construction activities are completed so that a BLM representative can examine the right-of-way to determine that the terms, conditions and stipulations of the grant have been complied with. III. Tree Removal (General) - Applicant will cut all trees to be removed prior to earth moving activity. Wherever possible, the clearing edge will be feathered both horizontally and vertically to avoid a "clear cut" appearance. The pre- servation of existing vegetation as screening will be considered. Where stumps remain, they shall be cut so that the exposed faces of the cut are turned away from most potential viewers. All clearing will be undertaken in such a way so as to protect and preserve adjacent soils, vegetation, streams, water bodies, wildlife habitat and other resources. IV. Tree Removal (Specific) - All logs and branches four inches (4") in diameter or greater shall be cut in convenient lengths and removed from the right-of- way for resale or private use. All material less than four inches (4") in diameter will be cut and stockpiled to be scattered along the right-of-way after construction. Prior to removing any trees from public land, Applicant will secure a wood permit from the Glenwood Springs Resource Area Forester. 3urnc;lutcqu, E -Inc r,o;' Plan of C,,cration Page 3 V. Topsoil - Prior to actual right-of-way construction, where feasible, topsoil and minor vegetation will be stripped to a depth of six inches (6") and stock- piled to be returned upon completion of construction. Topsoil will not be mixed with trench spoils or used for pipeline padding. VI. Construction Methods - Construction of the proposed will be by conventional methods using bulldozers, backhoes, track mounted side booms, welding rigs and inspector's vehicles. No new access roads will be constructed. All construction activities will be confined to the minimum area necessary which will not exceed the fifty foot (50') right-of-way. Prior to any construction activity, the exterior boundaries of the right-of-way will be clearly marked. Ground vehicular traffic shall not be permitted if the authorized officer determines that the soil or weather conditions are not adequate to support the equipment involved and such traffic would result in unnecessary rutting, flowing or other displacement of soils. If such equipment creates ruts in excess of 4 inches deep, the soil shall be deemed to be too wet to adequately support construction equipment. No construction or rehabilitation activity shall take place between December 31st and April 15th, without prior written approval being obtained from the Glenwood Springs Resource Area Manager. During construction, appropriate dust control measures will be taken, including watering of roads to control fugitive dust. No "unusual" construction methods are anticipated. VII. Restoration - Immediately following construction, the construction area will be re-contoured to as near original condition as practicable. All trash and excess material will be hauled away. Spoils deposited in drainages will be removed and any culverts placed i'lan of Cperation l'age 4 VII. Restoration (Continued) in drainage crossings during construction will be removed. Existing access roads to remain will be graded smooth. Points of access to the right-of-way will be blocked with berms or fenced to prevent vehicular travel along the right-of-way. Stockpiled topsoil will be replaced and tilled to a depth of four inches (4"). Water bars or "kicker dikes" will be constructed as directed by the authorized officer. The structures will be constructed across the full width of the disturbance. The distance between the structures will vary according to the grade of each individual slope. The maximum distance between structures will be as follows: For grades of 1% of less, the slope distance will be 400 feet; For grades of 1% to 5%, the slope distance will be 300 feet; For grades of 5% to 8%, the slope distance will be 200 feet; For grades of 9 % and above, the structures will be constructed as directed by the authorized officer. For purposes of establishing the distance between structures, the crest of the slope will be the pint of beginning. Following construction Applicant will paint above ground facilities and exposed pipe with an environmentally suitable color scheme and install standard pipeline markers along the righ- of-way. Post -construction ORV use of the right-of-way will be blocked to the greatest extent possible. Existing access roads shall be left in existing or better condition, but all access off the travelled way shall be blocked upon completion of construction, using any or all of the following means: 1 ,,rebate -T ;uc. E-IIic'' cop J•],,n of Oprratiou Page 5 VII. Restoration (Continued) A. Construction of deep waterbars and large earth berms. B. Restricted clearing at critical access point locations. C. Placement of large boulders and slash at critical points across the entire right-of-way. D. Recontouring of construction access roads. E. Signing the areas with appropriate signs. Periodic maintenance of access deterrents shall be required. Should emergency repairs or maintenance be necessary. Boulders, waterbars and other obstacles may be removed upon notification of the Glenwood Springs Resources Area Manager. VIII. Reseeding - After construction and restoration activities are completed, Applicant will revegetate all disturbed areas, including previously dis- turbed areas, using the following formula: PLS lbs./acre Sand Dropseed 11 Russian Wildrye 11 Yellow Sweetclover 11 Bluebunch Wheatgrass 11 Western Wheatgrass 11 All seeding will occur between September 15th and November 15th. All seed will be drilled to a depth of one-half inch or broadcast using double the approved rate. All broadcast seed shall be raked in. In order to adequately rehabilitate the disturbed area, Applicant will reseed as many times as deemed necessary by the authorized officer. RI. Cultural Resources - Prior to surface disturbing activities a cultural re- source report will be submitted to, and approved by BLM. A qualified archaeo- logist, working in conjunction with BLM, shall determine the scope and intensity :` R: ! - i CeSGurLtS ✓rvr y 7 c/ Cf /f of the Cultural Resource Predictive Model. All areas with a high probability of archaeological sites which can feasibly be surveyed shall be subjected to Idrachute-DI'•equ( f; -Ir.- ooI Plzin of C''cri-.tior, l'o ge 6 Y.I. Cultural Resources (Continued) a class III 100% pedestrian survey. Should any cultural resources be identified that cannot be mitigated on site, the holder shall be required to relocate the right-of-way to avoid impacts to cultural resources. If during construction activities any antiquities or objects of scientific interest including, but not limited to, historic or pre -historic ruins or artifacts are discovered, all construction activities in the area of the dis- covery will immediately cease and the authorized officer will be contacted. Construction activities in the area of the discovery will be suspended until notified to proceed by the authorized officer. If the authorized officer determines that data recovery and/or salvage excavations are necessary, Applicant will bear the cost of said operations. X. Pesticides - The Applicant will comply with the applicable federal and state laws and regulations concerning the use of pesticides (i.e. - insecticides, herbicides, fungicides, rodenticides, and other similar substances) in all activities and/or operations under the grant. The Applicant will obtain from the authorized officer approval of a written plan prior to the use of such substances. The plan must provide for the type and quantity of material to be used; the pest, insect, fungus, etc., to be controlled; the method of application; the location for storage and disposal of containers; and other pertinent information that the authorized officer may require. The plan should be submitted no later than December 1st of any calendar year that covers the proposed activities for the next fiscal year. Emergency use of pesticides may occur. The use of substances on or near the right-of-way area shall be in accordance with the approved pain. A pesticide shall be used only in accordance with its registered uses and with- out other limitations if the Secretary of the Interior has not imposed i ,rc: ut'r-L i,f_qu: f; -Inc} rJJ Plar, of Operation, Page 7 X. Pesticides (Continued) restrictions. A pesticide shall not be used if the Secretary has prohibited its use. Pesticides shall not be permanently stored on public land authorized for use under this grant. XI. As Built Survey - Applicant will submit, within sixty days (60) after con- struction, an as built survey map which will conform to the standards set out in 43 CFR 2882.2-4. WESTERN SLOPE GAS COMPANY By DateIII/;242— : mgb