HomeMy WebLinkAbout2.0 Conditions of ApprovalBond No.: 09120521
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RECLAMATION (REVEGETATION) BOND
KNOW ALL MEN BY TIIESE PRESENTS, that the undersigned Chevron
U.S.A. Inc. as Principal and Fidelity and Deposit Company of Maryland as Surety are held and
firmly bound unto Board of County Commissioners of Garfield County, Colorado, as Obligee in
the penal sum of One Hundred Seventy Three Thousand, Seven Hundred and No/00-
($173. 700.00\ for the payment of which, well and truly to be made the said principal and the said
Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has applied for a Garfield County Land Use
Change Permit for the installation of an "8-inch Interim Sales Pipeline" and Garfield
County has required a Revegetation bond securing Principal's performance under the
"Garfield County Weed Management Plan" for the 69 .48 acre disturbance related to the
pipeline construction as a condition of approval of the Garfield County Land Use Change
Permit, all as more specifically requested in the Garfield County Director Determination
of conditional permit approval dated 03/04/2014.
NOW, THEREFORE, if such permit is granted and ifthe Principal shall
faithfully perform its duties under the terms of the permit, then this obligation shall be null and
void, otherwise to remain in full force and effect.
PROVIDED, that if Surety shall so elect, this bond may be cancelled as to
subsequent liability by giving thirty (30) days notice in writing to both the Principal and Obligee.
IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals this
6th day of March, 2014. The effective date of this bond is March 6, 2014.
(Seal)
(Seal) ·
Chevron U.S.A. Inc.
~~ .. -·. /~~~,~o~t-~~
Surety: Fidelity and Deposit Company of Maryland
State of California
County of San Francisco
On MAR § 2014 before me, ,Kelly Rowley Notary Public, personally
appeared James Ross who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/ai:e subscribed to the
within instrument and acknowledged to me that he/500/#iey executed the same
in his/f:lef/#letf authorized capacity(ies), and that by his/f:lef/#letf signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Public
(SEAL)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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STATE OF CALIFORNIA
County Of C ontra Costa } --~~~~~------------
On March 7 2014 before me, Kim Do, Notarv Public
Date Here Insert Name and Title of the Officer
personally appeared ______ _,J"'am=e"'s-'E'-'._,L~a~w~r"'enccc=.oe,_==~~~~--------------
Name(s) of Signer(s)
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Commission# 195168:
~ Notary Public -California ~
z Contra Costa County .....
), o o o o ,Mt c,oTmci :xpjr~ zee 1;0.,2~1~1
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person\s) whose name\s) is/are subscribed to the
within instrument and acknowledged to me that he/sl'leltfley
executed the same in his/l'ler/tl'leir authorized capacityfiest,
and that by his,'l'ler/tl'leir signature\s) on the instrument the
person\st, or the entity.upon behalf of which the person\s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my[i;!Jd an=I seal.
Signature~~~-~-~~-----------
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Bond #09120521-Board of County Commissoners of Garfield County-Reclamation Bond
Document Date:~M~a~rc~h~6=2,..,0cc1_,.4 _____________ Number of Pages:_1,__ ______ _
Signer(s) Other Than Named Above:~N~/'-'A,__ _____________________ _
Capacity(ies) Claimed by Signer(s)
Signer's Name: James E. Lawrence
D Individual
[if Corporate Officer-Title(s):Assistant Treasurer
D Partner-D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: ______ _
Signer Is Representing:
Chevron U.S.A. Inc.
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name: _____________ _
D Individual
D Corporate Officer-Title(s):. ________ _
D Partner-D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: ______ _
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMP ANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
GEOFFREY DELISIO, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified to be in full force and __ e~ect on the c:l.ate hereof, do hereby nominate,
constitute, and appoint James ROSS, of San Francisco, California, its true and IaWful agent and Attorney-in-Fact, to make, execute, seal
and deliver, for, and on its behalf as surety, and as its act and deed: any and all·bOnds. 3.nd undertakings, and the execution of such bonds
or undertakings in pursuance of these presents, shall be as binding upon said Companies; as fully and amply, to all intCnts and purposes, as if
they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMP ANY at
its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURET¥ COMP ANY
at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day ofFebruary, A.D. 2014.
Assistant Secretary
Gregory E. Murray
State of Maryland
City ofBaltimore
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vice President
Geoffrey Delisio
On this 20th day of February, A.D. 2014, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,
GEOFFREY DELISIO, Vice President, and GREGORY E. MURRAY, Assistant Secretary, of the Companies, to me personally known to be the
individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn,
deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of
said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and
direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
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Maria D. Adamski, Notaiy Public
My Commission Expires: July 8, 2015
POA-F 012-3265Y
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time.11
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force aod effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMP ANY at a meeting duly called aod held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attomey ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company. 11
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called aod held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called aod held on the 10th day of May, 1990.
RESOLVED: 11That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this-· _day of MAR 4J iOl4 ,20_.
. Thomas 0. McClellan, Vice President
From: Kathy A. Eastley
"llJ STUS JU LI E A"
RE : Chevron Pipeline
To:
Subject:
Date: Thursday, March 06 , 2014 1:36 :00 PM
So Julie, is it the Army Corps Nationwid e 'p e rmit' that is attached? It appears to b e a 'su m m a ry '
and I thought that you would be ge tting an actu a l pe rmit. Can y ou let me know?
Kathy Eastley, AICP
Senior Planner
Garfield County Community Deve lopment
108 8th Street, #401
Glenwood Springs, CO 8160 1
Ph one: 970-945-1377 ext. 1580
Fa x: 970-384-3470
keast ley@garf je ld-co unt y com
From: JUSTUS, JULIE A [mailto:jjustus@chevron.com]
Sent: Thursday, March 06, 2014 12:51 PM
To: Kathy A. Eastley
Subject: RE : Chevron Pipeline
Kathy,
Chevron has no issues with the conditions as written and will comply with all Conditions of Approval in
the Directors Determination dated March 4 , 2014.
Chevron offers the following in response to those conditions that can be addressed at this time :
1. The 8-in Interim Sales Line will be constructed as represented in the Pipeline Development
Plan application submittal.
2 . The pipeline was specifically designed to utilize existing pipeline Rights-of-Way in an effort to
minimize new surface disturbance. All above-ground facilities will be painted to blend with the
surrounding landscape.
3 . Chevron has requested a revegetation bond in the amount of $173,700 .00 and will provide that
to the County upon receipt. Chevron ex pects to receive the bond on or about March 25, 2014.
4 . The Nationwide Permit (NWP) #12, Utility Line Activities, is attached. No Pre-Construction
Notification is required for activities that meet all conditions of the NWP 12 and do not result in
the loss of greater than Yi acre of a jurisdictional Water of the United States (WoUS). The
proposed pipeline project would impact approximately 0.005 Acres of a water of the United
States which would be restored immediately following pipe installation resulting in no loss of
WoUS. The pipeline would comply with all NWP 12 and Regional Conditions for any activities
conducted within the jurisdiction of the US Army Corps of Engineers.
5. Chevron obtained approval from the Colorado Department of Public Health and Environment
(CDPHE)-Air Pollution Control Division (APCD) for a General Construction Permit (Permit#
GP03) on January 31 , 2014 . The CDPHE-APCD Land Development approval is attached.
6. Chevron has made the decision to flare all blowdown gas to the existing flare at the Skinner
Ridge Central Production Facility. No new permit or permit modification is required for this
option .
7. Chevron has determined, based on previous experience at the pipeline location, that the
probability of encountering groundwater is very low. If groundwater were encountered,
Chevron would apply with the CDPHE-Water Quality Control Division (WQCD) for discharge
perm it prior to any groundwater discharge activities . Stormwater discharges will be managed
in accordance the Chevron Stormwater Management Plan (SWMP), which has been updated
to include the 8-inch Interim Sales Pipeline. The updated site plan showing the pipeline route
and associated BMPs and the SWMP Administrative Log are attached.
8. Chevron has made the decision to discharge all pipeline hydrotest water to tanks for recycle
and therefore no discharge to surface would occ ur and no permit is required . Hydro-
e xcavation soil and water is removed by suction and contained within the holding tank of the
va cuum truck . This soil/water would be retained for use in backfill or disposed at a local water
treatment facility. No dis charge permit is required .
9. A . Sub seq uent Raptor Surveys would be co nducte d along the pipeline route as soon as
weath e r and road conditions allow. The Raptor Survey would be provided to the County upon
completion and should active raptor nests be identi fi e d, Ch evro n wo uld observe the appli cable
buffer and seasonal restriction s at th e approp riate locations along th e pipeline route.
B. Bear-proof containers would be installed at several locations al ong the pipeline route and all
workers would be instructed to manage all food and food wastes such that these don't become
an attractant for bears.
10. No Threatened or Endangered species have been identified in the immediate project area and
no activity associated with pipeline construction with potential to adversely impact any such
species will be permitted.
11 . All materials used in the management of stormwater and reclamation will be ce rtified w ee d -
free .
12. All equipment on location will comply with COGCC rules and regulations for noise abate ment.
All equipment will be maintained in good operating cond ition with adequate mufflers or other
sound reduction devices.
13. All vehicles working on the pipeline will be licensed and registered to operate in the State of
Colorado. All vehicles hauling equipment and materials will abide by all County
oversize/overweight regulations .
14 . Upon completion of the pipeline, the As-Built GIS files will be provided to the County.
15. Chevron will comply with all CDPHE-APCD permit conditions and emission limits in
accordance with the Colorado Air Quality Control Division requirements .
16. All pipeline operations will comply with all applicable Federal and Standards for noise, air and
water quality.
17. No further disturbance associated with abandonment of this pipeline is expected. When the
. pipel ine is no longer needed to transport gas to sales (i.e . when the 30 -inch pipeline is put
back in service), the 8-inch line would likely be repurposed as a gathering line for future
natural gas development on the Mesa .
Chevron is in agreement with all conditions of approval and will comply with all as written. Please
contact me if you have any questions or concerns, or if you require any additional information .
Thank you,
Julie Justus
Regulatory/Health/ Environment Specialist
M idContinent/ Alaska
Chevron North America Exp loration and Production
760 Horizon Drive
Grand Junction CO 81506
Tel 970 257 6042
Cell 970 589 5036
jjustus@cheyron com
From: Kathy A . Eastley [mailto:keastley@garfield-councy,com ]
Sent: Wednesday, March 05, 2014 8:20 AM
To: JUSTUS, JULIE A
Subject: Chevron Pipeline
Juli e,
Attached is th e draft decision. Please review the proposed cond itions of app rova l and re spond to
a ny issues you may have with compliance.
Thanks.
Kathy East ley, AICP
Senior Planner
Garfield County Communi ty Development
108 8th Street, #401
Glenwood Springs, CO 81601
Phone: 970-945-1377 ext. 1580
Fax: 970-384-3470
keast ley@garfjeld-county com
From:
To:
Subject:
Date :
Attachments:
JUSTUS. JU LI E A
Kat hy A Eastle y
RE: Chevron 8" Interim Pipeline
Tuesday, April 29, 2014 12:45:21 PM
Per mit OZGA04 11 - Malntena nceB!owdow n Flare pd f
The crossing at Wiesse Creek falls under the NWP #12 which I provided to you earlier. The crossing
does not require pre-construction notifi catio n as the project does not meet the PCN requirements
specified in the NWP 12 permit. Please see the Notification excerpt from the USAGE NWP #12, Utility
Line Activities below (my notes are in red):
Notification: The permittee must submit a pre-construction notification to the district engineer prior to
commencing the acti vity jfany of th e following criteria a re met :
(I) the activity involves mechanized land clearing in a forested wetland for the utility lin e right-of-way; Chevron is
not c learing any forested wetland
(2) a section I 0 permit is required; Section I 0 permit is not required for minor utility projects that do not affect the
course, location or condition of the water body.
(3) the utility line in waters of the United States, excluding overhead lines, exceeds 500 feet; The 8-inch pipeline
does not affect 500 feet of any water of the US
( 4) the utility line is placed within a jurisdictional area (i.e., water of the Un ited States), and it runs parallel to or
along a stream bed that is within that jurisdictional area; The 8-inch pipeline does not parallel the stream bed. The
line will cross perpendicular to the intermittent stream.
(5) discharges that result in the loss of greater than I/IO-acre of waters of the United States; Discharge from the
pipeline construction wou ld not result in a loss of any waters of the US .
(6) permanent access roads are constructed above grade in waters of the United States for a distance of more than
500 feet; or No access road wou ld be constructed above grade or otherwise in the water of the US.
(7) permanent access roads are constructed in waters of the United States with impervious materials. (See general
condi tion 3 1.) (Sections I 0 and 404) No pennanent access road will be constructed in water of the US .
The 8-inch pipeline crossing at Wiesse Cre ek do es not mee t any of the above c riteria and therefore no
pre-construction notifi ca tion to th e district engineer is required.
No new flare permit is required as we are not installing a new flare . As I explained earlier, all
blowdown gas will be routed to the existi ng CPF flare . I've attach ed that permit.
Julie
From: Kathy A. Eastley [mailto:keastley@garfie ld-county.com]
Sent: Tuesday, April 29, 2014 11 :57 AM
To: JUSTUS, JULIE A
Cc: Tamra Allen
Subject: RE: Chevron 811 Interim Pipeline
Ju l i e,
Th e Direc t or De ci sion contain s a condit ion that Ch evron abid e by th e seaso nal restrictio n s for
r apto rs, as li st e d in t h e t ab le. Th e addit io n al rapto r su rv ey w as to d et ermine whi ch nes t s w er e
o cc upied and poten tial impac t t o th ose nes t s. Th is wa s in additio n to th e re quirem ent to abide by
the seas onal timing l imitations in Tabl e 7.
Fee l free t o co ntac t m e if y ou hav e furt he r ques t i o ns rega rd ing your curre nt approvals.
W e are aw aiting t he ACO E p ermit fo r Wiesse Cr eek as we ll as cop ies o n the Fl are Permit fro m
CDHPE (or demonstr ation that the flare permit is not necessary) prior to issuance of a Land Use
Change Permit for the activity.
Kathy Eastley, AICP
Senior Planner
Garfield County Community Deve lopment
108 8th Street. #401
Glenwood Sp r ings, CO 81601
Phone: 970-945-1377 ext. 1580
Fax : 970-384-3470
keastley@garfje ld-county com
From: JUSTUS, JULIE A [mailto:jjustus@cheyron.com ]
Sent: Tuesday, April 29, 2014 10:36 AM
To: Kathy A. Eastley
Cc: Tamra Allen
Subject: RE : Chevron 8" Interim Pipel ine
Kathy,
Chevron agrees to comply with all conditions specified in the March 4, Director's De cision, and to
adhere to th e recom mendations and mitigations contained within the Westwater Engineering (WWE)
Sensitive Area Survey and subsequent Raptor Survey.
"In cases where raptor nest s exist near a project and no mitigating factors are prese nt, every
effort should be made t o apply timing and buffer distance limitations to reduce indirect affects."
(WWE Sensitive Area S urvey, July 20 13)
Chevron would apply the timing and buffer limitations as recommended in the WWE Sensitive
Area Survey and will modify the construction schedule so that no construction would occur
within the prescribed buffer zones for those raptor nests identified as a concern until July 15 or
later.
"Constru ction and stormwater BMP installation in areas within 0.25-mile of LEOW-1 and
RTHA-6 (Figu re 2) should be avoide d until it is determined by qualified biologists that either
the nest has f ailed and no furth er nesting atte mpt will be made , or the ne st has been
successful and th e young have fledged." (WWE Raptor Survey April 2014)
Chevron would modified the pipeline schedu le to avoid construction within the prescribed
buffe r zones of the occupied nest sites of concern and no construction or stormwater
in stallations wo ul d occur in those areas until July 15 or later.
"E nfor ce "No Stopping" restriction s along the ex isting r oa d within 0.25-mile of nest s LEOW-1
and RTHA-5." (WWE Rap tor Survey)
Chevron would strictly prohibit any veh icles associated with the pipeline project from stopping
within X mile of identified nest sites along the ex isting MTW and Trail Ridge roads.
"Prohibit tra ffic associa ted with this project from using the existing two -track road near RTHA -6
until the nest has vacated or the young have fledged ." (WWE Raptor Survey, April 2014)
All pipeline construction traffic would use an existi ng lease road as an alternate access route .
"Restrict personnel to existing roads an d the cleared a re a of th e right-of-way during
construction." (WWE Raptor Survey, April 2014)
All project personnel have been instructed to remain on existing roads and within the staked
pipeline Right-of-Way at all times, and have been informed that any failure to ab ide by this
restriction will resu lt in immediate disciplinary action, up to and including termination .
By abiding by the WWE mitigations as described above, Chevron is also abiding by the following
Garfield County Condition of Approval:
"Recommended mitigation measures contained in the Sensitive Area Survey prepared by
Westwater Engineering dated July 2013, shall be considered conditions of approval as
itemized below:
A. Prior to issuance of the Pipeline Development Permit the Applicant shall provide and
additional raptor survey containing information on the occupied nests and potential impact
of the construction of the pipeline on these species.
If construction activities take place during future nesting season as itemized in the table
below the Applicant shall abide by the timing limitations contained in the chart ... "
(Condition #9, March 4, 2014 Director Determination, Garfield County)
Chevron has provided Garfield County with the spring raptor survey as requested, and
would abide by the applicable buffer and timing lim itations listed in Table 7 of the WWE
Sensitive Area Survey in accordance with the recommendations and mitigations described
in the WWE reports . As desig ned , the project would not be expected to directly or
indirectly affect the identified nesting birds.
Please contact me if you have any questions or require additional information .
Julie Justus
Regulatory/Health/ Environment Specialist
Chevron North America Exploration and Production -MCBU
760 Hori zon Drive
Grand Junction CO 81506
Tel 970 257 6042
Cell 970 589 5036
jju st us@c heyro n co m
--·--------
From: Kathy A. Eastley [mailto:keast ley@garfi eld -co un ty.com ]
Sent: Monday, April 28, 2014 3:04 PM
To: JUSTUS, JULIE A
Cc: Tamra Allen
Subject: Chevron 8" Interim Pipeline
Julie,
I have further reviewed the March 4, 2014 Director Decision on the above referenced application,
as well as the additional information submitted on April 22nd from Westwater Engineering It
appears that you have two choices on how to move forward with this project:
1. Comply with the conditions of approval contained in the Director decision which would
require meeting seasonal restrictions for active raptor nests;
2. Submit a request to amend the conditional approval. Th is would include a request to
remove certain provisions contained in condition 6 A. -particularly Table 7. This request
should include the additional analysis by Westwater Engineering as well as a letter from
CPW regarding the sufficiency of the mitigation measures for the active raptor nests. As
well, the timing cannot be "when the chicks fledge" as this is not a date. You will need to
propose how to deal with this 'flexible' time frame.
Should you seek the latter option please submit an application form and $300.00 fee along with all
the necessary materials for a technically complete application . Feel free to contact me with any
questions.
Kathy Eastley, AICP
Senior Planner
Garfield County Community Development
108 8th Street, #401
Glenwood Springs, CO 81601
Phone: 970-945-1377 ext. 1580
Fax: 970-384-3470
keast ley@garfje ld-county com
STATE OF COLOR!\DO ·
COLORADO DEPARTMENT OF PUBLIC HEAL TH AND ENVIRONMENT
AIR POLLUTION CONTROL DIVISION
TELEPHONE: (303) ,692-3150
CONSl:RtJCJION PERMIT
PEJlMITNO:
DA TE ISSUED ~
ISSUED TO:
07GA041l
Initial Approval
August 20, 2008
Chevron USA Inc.
THE SOURCE TO WHICH THIS PERMIT APPLlES IS DESClUB~D AND 1,.0CATED AS FOLLOWS:
Natural gas compression facility, known as the Piceance Basin Central Facility, located in the Piceance Basin
SW NW Sec 36, T5S, R98W, in Garfield County, Colorado.
THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:
One (I) maintenance and emergency flare, make and serial no.: 'fBl>, rated at3.125 mm sc f/hr. Stack number:
FLRI.
THIS PERMJT JS GRANTED SUBJECT TO ALL R'{JLES ANJ> REGULATIONS OF THE COLORADO AIR
QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND
CONTROLACTC.R.S. (ZS-7-101 et seq), TO THOSE GENERAL TERMS AND CONDlTIONS INCLUDED IN
TlfJS DOCUMENT AND THE FOLLOWING SPECIFTC TERMS AND CONDITIONS:
1 . Visible emissions shall not exceed twenty percent (i0%) opacity during normal operation oflhe source. Doring
periods of.startup, process modification, or adjustment of cont rol equipment visible emissions sha ll not exceed
30% opacity for more than six minutes in any sixty consecutive minutes. EPA Method 9 shall be used to
measure opacity. (Reference: Regulation No. I , Section II.A . I . & 4.)
2. The permit number shall be marked on the subject equipment for ease ofidentifrcation . (Reference: Regulation
Number 3, Pai:t B, LILE.) (State on ly enforceab le)
AIRS ID: 045 /1391 /005 Page I of5
Chevron USA Inc .
Permit No.070A04 I I
Tnitial Approval
Colorado Departm ent of Publi c Hea lth an d Env ironm ent
Air Pollution Control Division
3. Emis sion s of air pollutants shall not exceed the following limitations (as calculated in th e D,ivi sio o's prelimin ary
analysis): (Reference: Regulation No . 3, Part B, 11.A.4)
Pollutant
Nitro en Oxides
Volatile Or anic Com ounds
Carbon Monoxide
Each Individu al Ha zardou s Air
Pollutant fi:om the Facili
Total Haza rdou s Air Pollutants
from the fa c ilit
Annual Limit t
1.9
3.8
JO . I
8 .0
20.0
Compliance with th e annual limits shall be determined on a rolling (12) month total. By the end of each month
a new twelve month total is calculated ,ba se d on the prexious twelve months ' data. Th e permit holder shall
calculate monthly emissions and ke ep a CQmpliance record on s ite, or at a lbcal field office with site
responsibility for Division revi yw.
Compliance with the sy ntheti c minor status of thi s facility shall be dete rmin ed by reco rding the facility's annual
permitted criteria 'J)ollutant emissions, from eac h emission unit , on a r.olling (12) month total. By the en d of
each month a new t\ve lve-month total is calculated ba se d on th e previou s twelve mon th s' data. The permit
holder shafl calculate monthl y emi ss ions and keep a compliance record on si te, or at a local fi el d office with site
responsibility, for Divi sion review . Thi s rofling twelve-month total shafl apply to all em issio n units, req uidng
an APEN, at this facility.
4 . This source shall be Umited t.o a ma ximum consumption rate as listed bel ow and all oth er activities, opera tional
rates and numb ers of equipment as sta ted in the application. Month ly reco rd s of th:.e actual consumption rate
shall be maintained by the applicant and made available to the Div is ion for inspection up on rcquesf
(Referenc e: Regulation 3, Part B, II .AA).
Consumption of natural gas as fuel shall not exceed 50 MM scf per year.
Comp Hance with the ycarJy con sumption limits shall be determined on a rolling twelve ( 12) month total. By the
end of each month a new twelve-mon fh tota l is ca lcul ated based on th"e previous twelve month s' data. The
permit holder shall calculate monthly consumption of natural gas and keep a compliance record on s ite or at a
loc al field office with site responsibility, for Divi sion review ,
5 . Within one hundred and eighty days (180) after co,nmencement of operation, th e applicant sha ll submit to the
Division for approval an o'J)Crating and maintenanc e pl an for all control equipment and control practices, and a
propo sed record kee ping form at that will outline how th e applicant will mai ntai n compliance on an ongoing
basis with the requi rements of this permit. The opera ting and maintenance pl an sha ll commence at sta rtup.
(Reference: ~egul11tion No. 3, Part B, Section III.G.7.)
6 . Emissions from a ll in s ignificant ac tivitie s shall not exceed 1400 pounds of nitroge n oxi des per year. T he
applicant shall tra ck emissions from all insignifi ca nt activities on.a,yearly bas is . Th js in fo rm ation shall be made
avail able to the Pi vision for inspection upon request. Fo r th e purposes of thi s condition, insigniticantacfivitres
shall be defi ned as any activi ty or equipment which emits any amount but does not require an Air Pollutant
Emi ssi on Notice (APEN).
7. Operating Perm it (Ol>) requirements s hall apply to this so urce at any such tim e that this so urc e becomes maj or
sofe ly by virtue of a rel axa tion in any permit limitation. Any rela xation that increases th e potential to emit
above the ap plic ab le OP thres hold shall require submittal of and issua nce of an operating permit, under
Regulation No . 3, Part C.
8 . MA CT Subpart ZZ'M -National Emission Standards for Hazardous Air Pollutants for Statro,11ary Reciprocating
fnt emal Combustion Engines reqµi{ements shall apply to thi s source at any such t im e that thi s source becomes
major so lely by virtue ofa relaxation In any pennit limit atio n and shall be subjec t to all appropr iate applicable
requirements of th at Subpart on the date as state d in the rule as publi shed in the Federa l Register. (Refe re nce:
Regulati6n No. 8, Part B)
AIRS ID: 045/139 1/005 Page2 of5
Chevron USA Inc.
Permit No.07GA04 l l
Initial J\pproval
Colorado Department of Public Health and Environment
Air Pollution Control Divi sio n
9. A revised Air Pollutant Emission Notice (APEN) shall be filed : (Reference: Regulation No. 3, Part A, IT.C)
a. Annually whenever a significant increase in emissions occurs as follows:
For any criteria pollutant:
'For sources emitting less than I 00 tons per year, a change in actual emissions of five (5) tons per
year or more, above the level reported on the last APIJN ; or
For any non-criteria reportable pollutant:
ffthe emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported
on the lastAPEN submitted to the Division.
b. Whenever there is a change in the owner or operator of any fa_oility, process, or activity; or
c. Whenever new control equipment is installed, or whenever a different type of control equipment
replaces an existing type of control equipment; or
d. Whenever a permit limitation must be modified; or·
e . No later than 30 days before the existing APEN expires.
10. The make, model, and serial number of the subject equipment shall be provided to the Division within one
hund(ed and eighty days {180) aOer commencement of operation. (Reference: Regulation No. 3, Part B, llJ .E.)
11 . Within one hundred and eighty days (180) aOer commencement of operation, compliance wfth the conditions
contained on this permit shall be demonstrated to the Division. It is the permittee's respon sibility to self-certify
compliance with the condifions. Failure to demonstrate compliance witnin 180 days mayl'esult in revocation o(
the permit. (Reference : Regulation Nq. 3, Part~. 11.G.2).
12. This permit shall expire if the owner or operator of the source for which this permit was issued: (i) does not
commence construction/n1odification or operation of this source within 18 months after either, the date of
issuance of this initial ~pproval permit or the date on which such construction or activity was scheduled to
commence as set forth in the permit application associated with this permit ; (ii) drsc ontinues c-0nstruction for a
period of eighteen months or more; (iii) does not complete construction within a rea sonable time of the
estimated completiQn date(See General Condition No. 6., Item I.). The Divi sion may grant extensions of the
deadline per Regulation No. 3, Part 8, lU.F.4.b. (Reference: Regvlation No, 3, Part B, HI.F.4.)
By:~~ Denise M. yskiw, P ·.
Permit Engineet
8y:~
Unit Leader
AIRS IO: 045 /1391/005 Page3 of5
Chevron USA Inc.
Permit No .070A04 I l
Initial Approval
Colorado Department of Public Health and Environment
Air Pollution Control Divis io n
Notes to Permit Holder:
I) The production or raw material processing limits and emission limits contained in this pem1it are ba sed on the
production/processing r~tes requested in the permit application. Tllese limi ts. may be revised upon request of the
pem1ittee providing there is no exceedance of any specific emission control regulation or any ambient air quality .
standard . 'A revised air pollution emission notice (APEN) and application form must be submitt\ld with a request for
a permit revision .
2) Thi s source is subject to the Common Provfaions Regulation Part (J, Subpart E, Affirmative Defense Provi sion for
Excess Emissions During Malfunctions. The pcrmittee shall notify the Division verbally of any malfun ction
condition whrch causes a violation of any emission limit or limits stated in thi s permit as soon as possibl e, but no
later than noon of the Divi sion 's next working day, and shall submit written notification following tho initial
occurrence of the excess emissions by the end of the source's next reporting period. The notification shall address
the criteria set forth in Section 11.E. I.
3) The emission levels contained in this permit are based on the followin g emiss ion· factors :
"Emission
; Factors-
(J neon trolled I,
Pollu..tanf lb/MMBtu
NOx 0.068 ,
co 0.37 ,.
voe 0.14 --
4) fn accordance with C.R .S. 2-5-(-114.1 , the Air Pollutant Emission Notice(APEN) associat ed with thi s permit is valid
for a term of five years. The five-year term for this APEN expires on Aptil 30, 2012. A revised APEN shall be
submitfed no later than 30 days be(ore the five-year teffil expir~.
5) T,his emission unit ~s classified as a: Minor Source
This facility i"s classified as follows:
Applicable Requirement Status
Synthetic Minor:
CO, VOC, and Formaldeh de . Operating Pennit
PSD Minor
MACTHH Minor :
Area Source
MACTZZZZ Synthetic 'Minor:
Fomialdeh de
AtRS ID : 045/139J/005 Page4 of5
Chevron USA Inc.
Pem1it No.07GA04 l l
Initia l Approval
Colorado Department of Public Hea lth and Environment
Air Pollut ion Con trol Division
GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEM'S 5',6,7 AND 8)
I. 'This permit is iss ued in reliance upon the accuracy and completeness of information su ppl ied by th e applicant
and is conditioned upon co ndu ct of the activity, or oonstruciion, install at ion and operation of the sou rce, in
accordance with thi s information and with represe ntation s made by th e app licant or ap pli cant's agents. It is valid
only for the equipment and operations or activity specifically identified on th.e permit.
2. Unless s~ecifically stated otherwise, the ge neral and specific conditions co ntain ed in this pcnnit have been
determined by th e APCD to be n'ecessary to assure compliance with th~ prov isi ons of Section 25-7-1 I 4.5(7)(a),
C.R.S.
3. Each and every condition of this pennit is a mat erial part here of and. is not severalile. Any challenge to or
appeal of, a condition hereof shall constitute a rejection of the entire permit and up on such occu rren ce, this
permit shall be deemed denied ab initiQ. This permit may be revoked at any tim e prior to fin al approval by the
Air Pollution Control Division (APCD) on grounds set forth in th e Co lorado Air Quality Control Act and
r~gulation s of th e Air Quality Co ntrol Commission (AQCC), includin g failure to meet any express term or
condition of the permit. lfthe Divi s ion deni es a permit, conditions imposed upon a permit are contes ted by the
appl icant, or the Division revokes a permit , th e applicant or ow ner or operatorof a source may request a hearing
before the AQCC for review of the Division's action.
4. Thi s permit and any required attachments mu st be retaine d and made available fo r inspect ion upon request atthe
location set forth herein. With re spect to a portable source that is rnoved to a new location, a cqpy of the
Relo cat ion Notice (required by law to be subinitted to the APCD whenever a portable source is relocated)
should be attached to this permit. The peon it may be rei ss ued to a new owner by the APCD as provided in
AQ CC Regul ation No. 3, Part B, S'ection 11.B up on a request {or transfer of ownership and fhe submittal of a
revi se d APBN and th e required fe e.
5. Is suance (initial approval) of an emi ssion permit does not prov ide ''final " auth or ity for this activ ity or ope ration
of thi s so urce. Final approval of th e permit must be sec ured from th e APCD in writing in accordance with the
provisions of 25-7-114.5(12)(a) G.R.S, and AQCC Regulation No. 3, Part B, Scc~ion lll.G. Final iipproval
cannot be granted unfit th e operation or activity commences and has been ve rifie d by the APCD as conforming
in all respects with. the conditions of the permit , ff th e APCD so detennines, it will provide written
documentation of such final approval, which do es constitute "final" authority to operate. Compliance with Ill e
permit conditions must be demon strated wit/tin 180 days after commencement of operation.
6. 'l'lllS PERMIT AUTOMATICALLY i:XPIRES IF you 0) do not commence construction or operation
within 18 months after either the date of issuance of this permit or th e date on which such construction or
activjtywas scheduled to commence as set forth in the permit , whichever is later; (2) discontinu e construction
for a period of 18 month s or more; or (3) do nof complete co nstru ction within a reasonab le time of the es tim ated
coi:npletion date, Extensions of the expiration date may be granted by th e APCD upo n a show in g of good cause
by the pei:rriiftee prior to the expiration date.
7. YOU MUST notify the APCD at least thirty days (fifteen d ays for portable sources) prior to
commencement of the permitted operation or activity. Fa ilure to do so is a vi olati on of Section 25 -7-
l 14.5( 12Xa), C.R.S. an d AQCC Regul at ion No. 3, Part B, Secti on IH .G .J ., and ca n result in th e revocati on of
the p¢rm it. You must demonstrate compliance with the permit conditions within 180 days after com111.e11ce111er,11
of operation as sta ted in condition 5. ·
8. Section 25-7-l 14.7(2)(a). C.R.S. requires that all sources required to file an Air Polluti on Em(ss jon No ti ce
(APBN) must pay 11n annual fee to cover the costs ofinspecti'ons and administration. rr a source or activity is
to be di scontinued , the owner must notify th e Division in writing requesti ng a cance lla.tion of th e permit. Upon
notifi catio n, annual fee billing will terminate. '
9. Viol ation of the terms Qf a permit or of the pro vi sion s of the Co lorado Air Pollution Prevention and
control Act or the regul ations of th e AQCC may result in administrative, civil or cdminal enforcement
act.ions under Sections 25 -7-115 (enforcement), -12 1 (injunctions), -122 (civil penalti es), -1 22. I
(criminal penalties), 0.R.S
AIRS lD: 04 5/l 39 1/005 Page5 of 5
From:
To:
Cc :
Subject:
Date:
Kathy,
JUSTUS. JULIE A
Kathy A. Eastley
Tamra Allen
RE : Chevron 8" Interim Pipeline
Tu esd ay, April 29, 2014 10:36:26 AM
Chevron agrees to comply with all conditions specified in the March 4, Director's Decision, and to
adhere to the recommendations and mitigations contained within the Westwater Engineering (WWE)
Sensitive Area Survey and subsequent Raptor Survey.
"In cases where raptor nests exist near a project and no mitigating factors are present, every
effort should be made to apply timing and buffer distance limitations to reduce indirect affects."
(WWE Sensitive Area Survey, July 2013)
Chevron wou ld apply the timing and buffer limitations as recommended in the WWE Sensitive
Area Survey and w ill modify the construction schedule so that no construction would occur
with in the prescribed buffer zones for those raptor nests identified as a concern until July 15 or
later.
"Co nstruction and stormwater BMP installation in areas within 0.25-mile of LEOW-1 and
RTHA-6 (Figure 2) should be avoided until it is determined by qualified biologists that either
the nest has failed and no further nesting attempt will be made, or the nest has been
successful and the young have fledged." (WWE Raptor Survey April 2014)
Chevron would modified the pipeline schedule to avoid construction within the prescribed
buffer zones of the occup ied nest sites of concern and no construction or stormwater
installations would occur in those areas until July 15 or later.
"Enforce "No Stopping" restrictions along the existing road within 0.25-mile of nests LEOW-1
and RTHA-5." (WWE Raptor Survey)
Chevron would strictly prohibit any vehicles associated with the pipeline project from stopping
within 11. mile of identified nest sites along the existing MTW and Trail Ridge roads .
"Prohibit traffic associated with this project from using the existing two-track road near RTHA-6
until the nest has vacated or the young have fledged." (WWE Raptor Survey, April 2014)
All pipeline construction traffic would use an existing lease road as an alternate access route .
"Restrict personnel to existing roads and the cleared area of the right-of-way during
construction." (WWE Raptor Survey, April 2014)
All project personnel have been instructed to remain on existing roads and within the staked
pipeline Right-of-Way at all times , and have been informed that any failure to abide by this
restriction will result in immediate disciplinary action , up to and including termination .
By abiding by the WWE mitigations as described above , Chevron is also abiding by the following
Garfield County Condition of Approval :
"Recommended mitigation measures contained in the Sensitive Area Survey prepared by
Westwater Engineering dated July 2013, shall be considered conditions of approval as
itemized below:
A. Prior to issuance of the Pipeline Development Permit the Applicant shall provide and
additional raptor survey containing information on the occupied nests and potential impact
of the construction of the pipeline on these species.
If construction activities take place during future nesting season as itemized in the table
below the Applicant shall abide by the timing limitations contained in the chart ... "
(Condition #9, March 4, 2014 Director Determination, Garfield County)
Chevron has provided Garfield County with the spring raptor survey as requested , and
would abide by the applicable buffer and timing limitations listed in Table 7 of the WWE
Sensitive Area Survey in accordance with the recommendations and mitigations described
in the WWE reports . As designed, the project would not be expected to directly or
indirectly affect the identified nesting birds .
Please contact me if you have any questions or require additional information.
Julie Justus
Regulatory/Health/ Environment Specialist
Chevron North America Exploration and Production -MCBU
760 Horizon Drive
Grand Junction CO 81506
Tel 970 257 6042
Cell 970 589 5036
jjustus@cheyron.com
From: Kathy A. Eastley [mailto:keastley@garfield-county.com]
Sent: Monday, April 28, 2014 3:04 PM
To: JUSTUS, JULIE A
Cc: Tamra Allen
Subject: Chevron 8" Interim Pipeline
Julie,
I have further reviewed the March 4, 2014 Director Decision on the above referenced application,
as well as the additional information submitted on April 22nd from Westwater Engineering It
appears that you have two choices on how to move forward with this project:
1. Comply with the conditions of approval contained in the Director decision which would
require meeting seasonal restrictions for active raptor nests;
2. Submit a request to amend the conditional approval. This would include a request to
remove certain provisions contained in condition 6 A. -particularly Table 7. This request
should include the additional analysis by Westwater Engineering as well as a letter from
CPW regarding the sufficiency of the mitigation measures for the active raptor nests . As
well, the timing cannot be "when the chicks fledge" as this is not a date . You will need to
propose how to deal with this ;flexible' time frame.
Should you seek the latter option please submit an application form and $300.00 fee along with all
the necessary materials for a technically complete application . Feel free to contact me with any
questions.
Kathy Eastley, AICP
Senior Planner
Garfield County Community Development
108 8th Street . #401
Glenwood Springs, CO 81601
Phone : 970-945-1377 ext. 1580
Fa x: 970-3 84-3470
keastley@garf ield -co unty co m
From:
To:
Subject:
Date:
Attachments:
Hi Kathy,
JUSTUS. JULIE A
Kathy A. Eas tl ey
Chevron Pipeline (PDPA7804)
Tuesday, April 22 , 2014 2:32 :49 PM
Chevron Pjceance Inter jm Sales pj oel ine Ra pt or Survey Reoort 042214 pdf
Chevron Interim Sales Pipe line Map -Raptor Survey with Project 5chedule.odf
Attached is the Westwater Engineering (WWE) Raptor SuNey conducted last week on the proposed
8-inch Interim Sales Pipeline (POPA 7804). I have also attached a map from that report with the
tentative project schedule overlain . Note that some activities and/or locations may be worked
simultaneously.
To avoid impacts to nesting birds identified along the pipeline route , Chevron has modified its
construction schedule and will now construct the pipeline in 4 phases as illustrated on the attached
map. In this way, the identified nests will be entirely avoided until after chicks have fledged. The
modified project plan and schedule has been reviewed by WWE and they have found it to be
acceptable for avoiding impacts to the birds. WWE Biologists have agreed to re-visit the nest sites
prior to start of construction in those areas to verify the ch icks have fledged and/or the nests are
otherwise unoccupied.
Chevron and its contractors agree to follow the recommendations and mitigatio n measures provided in
the attached WWE Report. Chevron will strictly enforce these, and other measures to ensure no
adverse impacts to nesting birds will occur.
Please let me know if you have any questions or concerns .
Julie Justus
Regulatory/Health/ Environment Specialist
Chevron North America Ex ploration and Production -MCBU
760 Horizon Drive
Grand Junction CO 81506
Tel 970 257 6042
Cell 970 589 5036
jjustus@cheyron.com
* Oe<upltd R•ptor Nut =-=-Interim Sele• Plj>ellnt * UnocC1Jpled Raptor Nut c::J 114 Mlt Nut e urr.r
--County Road * Oea~oyed Raplor NHC c:J BLM
8 Inch Interim S1IH Pipeline
Raptor Survey
Raptor NHI•
n 'NestWattr EnginHrlng
"'::;f1 Con1ultlnt [nglnu,. I Sdtntish
°'
Bond No.: 09120521
RECLAMATION (REVEGETA TION) BOND
KNOW ALL MEN BY THESE PRESENTS , that the undersigned Chevron
U.S.A. Inc . as Principal and Fidelity and Deposit Company of Maryland as Surety are held and
finnly bound unto Board of County Commissioners of Garfield County, Colorado, as Obligee in
the penal sum of One Hundred Seventy Three Thousand , Seven Hundred and No/00-
($173, 700 .00) for the payment of which , well and truly to be made the said principal and the said
Surety, bind themselves , their heirs, executors, administrators , successors and assign s, jointly and
severally , firmly by these presents.
WHEREAS, the Principal has applied for a Garfield County Land Use
Change Pennit for the installation of an "8-inch Interim Sales Pipeline" and Garfield
County has required a Revegetation bond securing Principal's perfonnance under the
"Garfield County Weed Management Plan" for the 69.48 acre disturbance related to the
pipeline construction as a condition of approval of the Garfield County Land Use Change
Pennit, all as more specifically requested in the Garfield County Director Determination
of conditional permit approval dated 03/04/2014.
NOW, THEREFORE, if such pennit is granted and if the Principal shall
faithfully pcrfonn its duties under th e tenns of the pennit, then this obligation shall be null and
void , otherwise to remain in full force and effect.
PROVIDED, that if Surety shall so elect, this bond may be cancelled as to
s ub sequent liability by giving thirty (30) days notice in writing to both the Principal and Obligee .
IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals this
6th day of March, 2014. The effective date of this bond is March 6, 2014.
(Seal)
(Seal)
Chevron U.S.A. Inc.
~~~~·/CJ~~,~~1-~~
Surety : Fidelity and Deposit Company of Maryland
State of California
County of San Francisco
On MAR 6 2014 before me, ,Kelly Rowley Notary Public, personally
appeared James Ross who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the
within instrument and acknowledged to me that he/5Re/~ executed the same
in his/Ref:/the+f authorized capacity(ies), and that by his/hef/theif signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Publi c
(SEAL)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
JC<,~"<;<;'~~~~'l;t'§C;t:X,~i;<;'ll<,~'%~~~'C<;"'C<,~*XX.tw<'.'§C;"'<''«'««~«'C
STATE OF CALIFORNIA
County of _ _,C~o~n~tra=-=C~o-=st"'a'--___________ }
On March 7 2014
Dale
before me, Kim Do Notary Public
Here lnserl Name and Trtle of the Officer
personally appeared -----~J-=am=e=-s_,,E"-. =La"'w"'r-=e'-'nc"'e'--=====-------------Name{9) or Signer(s)
)ft, , '.',:,,ft ftKIMiB: , ft c ftt
@ Commission II 1951686
$ Nolary Public • California i
Z Contra Costa County ~ J, 0 ~ ·, • 4My qoT"! :.i1p~rts iee 1p.,2~1~E
Ptaco Nolary S@ol AbOV9
who proved to me on the basis of satisfactory evidence to
be the personfs) whose namefs) ls/are subscribed to the
within instrument and acknowted9ed to me that he/she/they
executed the same In hislhefiqhetr authorized capacity(ies),
and that by hisJhefiqhelr slgnaturefs) on the instrument the
personfs), or the entity. upon behalf of which the personfs)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my ~al seal.
Signature~ S~~~,.~,u-rn-~~No-,-,,IMy""""Publ""'°<----------
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to anolher document.
Description of Attached Document
Title or Type of Document: Bo!),~ f.199120521-Board of County Commissoners of Garfield Ce~Olv.0Reclamation Bond
Document Date:Ma~rc=h~6~. 2=0~1~4 _____________ Number of Pages:,.;1c.._ ______ _
Signer(s) Other Than Named Above:~N~l"-A'------------· ~------------
Capaclty(les) Clalmecl by Slgner(s)
Signer's Name: James E. Lawrence
D Individual
Ii!' Corporate Officer -Title(s);Asstslant Treasurer
D Partner -D Limited D General
D Attorney in Fact
D Trustee
RIGHT THUMBPRINT
OF SIGNER
0 Guardian orConservalor Top of thumb here
0 Other: ______ _
Signer Is Representing:
Chevron U.S.A. Inc.
Signer's Name:. ___________ _
D Individual
D Corporate Offlcer-Title(s):~-------
0 Partner-D Limited 0 General
0 Attorney in Fact
D Trustee
RIGHTTHUMBPRINT
OF SIGNER
0 Guardian or Conservator Top of thumb here
0 Other:. ______ _
Signer is Representing:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Mruyland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Mruyland (herein collectively called the 'Companies'), by
GEOFFREY DELISIO, Vice Pre5lden~ in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,
which arc set forth on the reverse side hereof and arc hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint James ROSS, or San Francisco, Calif om la, its true and lawful agent and Attorney-in-Fact, to make, execute, seal
and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds ilnd undertakings, and the execution of such bonds
or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if
they had been duly executed and acknowledged by the regularly elected officer> of the ZURICH AMERICAN INSURANCE COMPANY at
its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
at its office in Owings Mills, Mruy!and., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ut its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 81 of
the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day ofFebruruy, A.D. 2014.
Assislanl Secrelary
Gregory E. Murray
State of Maryland
City of Baltimore
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUAL TY AND SURETY COMP ANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vice President
Geoffrey Deli.rio
On lhis 20th day of februnry, A.O. 2014, before the subscriber, a Notwy Public of the State of Milf)'land, duly commissioned 1111d qualified,
GEOFFREY DELISIO, Vice President, And GREGORY E. MURRA\', Asslslant Secrttary, or the Companies, lO me personally known to be the
individuals and ofUcas described in nnd who CK:a:utcd the preceding illStrumcnt, and nck:nowlcdgcd the execution of same,. and bdng by me duly sworn,
dcposdh and saith. that he/she is the said officer or the Compnny aforesaid, nnd llml the seals affixed 10 lhc pm:eding instrument an: the Corporate Seals of
said Companies, and that the said Corporate Seals and the signature as such officer wen: duly affixed and subscribed 10 the said instrument by the authority nnd
direclion of the snid Corporations.
Maria D. Adamski, Nottuy Public
My Commission Expi~: Jufy 8, 201 S
POA·F 012-3265Y
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attomm-in-Fact. The Chief Executive Officer, the President, or any Execu1ive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attomcy-in·fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President or the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify thnt the
foregoing Power of Attorney is still in full force and effect on the dote of this certificate; and f do further certify that Article V, Section 8, of
the By-Laws of the Companies is still in force.
This Power or Attorney ond Certificate mny be signed by facsimile under and by authority or the following resolution of the Board or
Directors or the ZURICH AMERICAN INSURANCE COMP ANY at a meeting duly coiled and held on the 15th dny or December 1998.
RESOLVED: "Thnt the signature of the President or a Vice President and the attesting signature of a SccretaJy or an Assistant Secretary
and the Seal oflhc Company may be affixed by facsimile on any Power of Attomey ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors or1he COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day or
May, 1994, ond the following resolution or the Bolltd or Directors or the FIDELITY AND DEPOSIT COMPANY OF MARYLAND nt n
meeting duly called nnd held on the 10th day orMny, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President, Secretary, or Assistant Secretary of the Company. whether made herelofore or hereafter, wherever appearing upon n
certified copy of uny power of attorney issued by the Company, shall be valid and binding upon the Company with the some force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my nDnlc and affixed the corporalc seals of the said Companies,
this _day or MAR fl Zft\4 ,20_.
Thomas 0. McClellan, Vice President
CHEVRON NORTH AMERICA EXPLORATION AND PRODUCTION
PICEANCE INTERIM SALES PIPELINE
RAPTOR SURVEY REPORT
Cover photo: Incubating Red-tailed Hawk in project area.
Prepared for:
Chevron North America Exploration & Production, Mid-continent/Alaska
Prepared by:
Westwater Engineering
2516 Foresight Circle #1
Grand Junction, CO 81505
APRIL 2014
INTRODUCTION
Project Description
At the request of Chevron North America Exploration and Production (Chevron), WestWater Engineering
(WestWater) has conducted a raptor nest occupancy evaluation and report for the proposed Piceance
Interim Sales Pipeline that would be located on Chevron's privately owned lands in Garfield County,
Colorado. The proposed project would include a buried pipeline from the mesa above Clear Creek
continuing northward approximately 6.8 miles, where it would link with existing pipeline infrastructure.
This document reports the status ofraptor nests in the project area prior to construction in 2014.
The project would be located on private lands in Sections 3, 4, 9, 16, 17, 20, 29, 30, and 31, Township 5
South (T5S), Range 97 West (R97W) and Section 36, T5S, R98W, 6th Principal Meridian (Figure I).
Access to the project area is available via Rio Blanco County Road 5 (Piceance Creek Road) and MTW
Ranch Road (private road). The current primary land uses of the area include wildlife habitat, livestock
grazing, and natural resource development.
GENERAL SURVEY INFORMATION AND SURVEY METHODS
A complete in-season survey was conducted by WestWater biologists within 0.25 miles of the proposed
aligmnent in June 2013 (WestWater 2013) and information used in the preparation of this report was the
result ofraptor nest occupancy evaluations conducted April 17, 2014.
Avian literature sources (Andrews and Righter 1992; Kingery 1998; Righter et al. 2004) were reviewed
prior to surveys to determine nesting season information and the likelihood for species occurrence within
the project area. Bird identification and taxonomic nomenclature are consistent with that applied by the
Colorado Breeding Bird Atlas Project (Kingery 1998).
During the complete survey conducted in 2013, woodland nesting habitat was surveyed by biologists on
foot at approximately 50 meter intervals while visually inspecting trees for nests. Surveys were aided by
utilizing call playback methodology (Iverson and Fuller 199 l; Kennedy and Stahlecker 1993; Mosher and
Fuller 1996; Mosher et. al. 1990; Reynolds et. al. 1992) with electronic digital game calls.
Nest searches and bird identification were aided with the use of binoculars and spotting scopes. Field
data, including general project location, boundaries, and reported features, were verified and/or recorded
with the aid of a handheld global positioning system (OPS) receiver utilizing NAD83 map datum, with all
coordinate locations based on the Universal Transverse Mercator (UTM) coordinate system within Zone
12.
RESULTS
Rap tors
Thirteen raptor nests have been documented within 0.25-mile of the pipeline (Figure I); two of these
nests have been destroyed since they were first discovered. West Water biologists evaluated raptor nests
in the project area for occupancy status on April 17 and 18, 2014 and results are provided in Table I.
a e T bl I R antor nests m nro1ect area (Z one 12)
Label .Vatallcv E11$tiii2 i"1ofthln2 · · •· > ... ·:. . (::ofument . .
COHA-1 Unoccupied 732897 4389581 CORA-unoccupied.
LEOW occupied with incubating or brooding adult -
LEOW-1 Occupied 733692 4391311 no mitigating features -direct line of sight to pipeline
ROW.
RTHA-l Unoccupied 734190 4391628 RTHA stable unoccupied nest in a live aspen.
WestWater Engineering Page I of5 April 2014
Table 1. Raptor nests in project area (Zone 12) .
Label Vacancy .· Eastin" Nortbin11 . · Comment I . •
RTHA-2 Destroyed 732971 4389571 RTHA nest discovered in 2013 had been destroyed by
falling tree.
RTHA-3 Occupied 732172 4387977 RTHA occupied nest with incubating female -
intervening tooo and veg shield from oioeline ROW.
RTHA-4 Unoccupied 732803 4387656 RTHA stable unoccupied nest in an aspen snag.
RTHA occupied with incubating female -direct line
RTHA-5 Occupied 731500 4387382 of sight to road -some topo intervening may shield
partially from pipeline.
RTHA-6 Occupied 731845 4386373 RTHA occupied nest with incubating male -no
mitigating features -direct line of sight to pipeline.
RTHA occupied nest with incubating adult -no direct
RTHA-7 Occupied 730766 4385383 line of sight to project due to terrain and vegetation.
Nearly outside the 0.25-mile boundary.
RTHA-8 Unoccupied 731221 4385307 RTHA unstable unoccupied nest in an aspen snag.
SSHA-1 Unoccupied 731406 4385856 SSHA unoccupied nest in poor condition.
UNKN-I Destroyed 733312 4390449 UNKN nest has been destroved.
MITIGATION RECOMMENDATIONS
Five occupied raptor nests were documented within 0.25-mile of the proposed aligmnent. Several
mitigating factors may help to reduce the likelihood for negative impacts to raptors nesting in the project
area. These factors include the following:
• The proposed aligmnent is within or adjacent to existing developments, and a minimal amount of
new surface disturbance will occur. No nest trees would be removed and there would be no direct
impacts to nesting raptors.
• The project area is subject to significant human activity associated with existing facilities; most
raptors in the area are tolerant of traffic and human presence near these developments.
• There is a large amount of undisturbed nesting and foraging habitat in the surrounding area.
Indirect effects such as nest abandomnent are more likely in cases where there is no substantial spatial
buffer, topographical feature, elevation difference, or vegetative screening to shield nests from direct view
of construction activities. Table 2 includes specific factors to consider for each occupied nest.
. Label
LEOW-1
RTHA-3
RTHA-5
RTHA-6
·· ])lstjlncf) .tll
Pi elljie ft ..
331
769
l ,118
444
Table 2. Nests
No mitigating features -direct line of sight to pipeline corridor and existing
road. Vehicles on existing road should not stop within view of the nest.
Avoidance of construction within 0.25-mile is recommended until nest is
vacated or oun have fledged.
Intervening topography and dense vegetation shield this nest from pipeline
corridor -im acts are unlike! .
Elevation difference partially shields nest from view of pipeline corridor.
Direct line of sight to road; vehicles on existing road should not stop within
view of the nest.
No mitigating features -direct line of sight to pipeline corridor. Avoidance
of construction within 0.25-mile is recommended until nest is vacated or
oun have fled ed.
WestWater Engineering Page 2 of5 April 2014
Label
RTHA-7 1,288
Table 2. Nests
Miti ation Recomniendation
Intervening topography and vegetation shield this nest from the pipeline
corridor. Nearly outside the 0.25-mile (1,320 ft.) boundary-impacts are
unlike! .
Prudent mitigation measures include:
• Construction and stormwater BMP installation in areas within 0.25-mile of LEOW-1 and R THA-
6 (Figure 2) should be avoided until it is determined by qualified biologists that either the nest has
failed and no further nesting attempt will be made, or the nest has been successful and the young
have fledged.
• Enforce "No Stopping" restrictions along the existing road within 0.25-mile ofnests LEOW-1
andRTHA-5.
• Prohibit traffic associated with this project from using the existing two-track road near RTHA-6
until the nest has vacated or the young have fledged.
• Restrict personnel to existing roads and the cleared area of the right-of-way during construction.
REFERENCES
Andrews, R., and R. Righter. 1992. Colorado Birds: A Reference to Their Distribution and Habitat.
Denver Museum of Natural History. Denver.
Iverson, G.C. and M.R. Fuller. 1991. Woodland nesting raptor survey techniques. Pp 118-124 in Proc.
Midwest Raptor Management Symposium and Workshop. National Wildlife Federation,
Washington D.C.
Kennedy, P. L., and D.W. Stahlecker. 1993. Responsiveness ofnesting northern goshawks to taped
broadcasts of 3 conspecific calls. Journal of Wildlife Management 57: 249-257.
Kershaw, L., A. MacKinnon, and J. Pojar. 1998. Plants of the Rocky Mountains. Lone Pine Publishing,
Auburn, Washington.
Kingery, H. E. 1998. Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership, Colorado Division
of Wildlife, Denver.
Mosher, J.A. and M.R. Fuller. 1996. Surveying woodland hawks with broadcasts of Great Homed Owl
vocalization. Wildlife Society Bulletin. 24: 531-536.
Mosher, J.A., M.R. Fuller, and M. Kopeny. 1990. Surveying woodland raptors by broadcast of
conspecific vocalizations. Journal of Field Ornithology. 61 :453-46 l.
Reynolds, R. T., R. T. Graham, M. H. Reiser, R. L. Bassett, P. L. Kennedy, D. A. Boyce Jr., G. Goodwin,
R. Smith and E. L Fisher.1992. Management recommendations for the northern goshawk in the
southwestern United States. General Technical Report RM-GTR-217, U.S. Department of
Agriculture, U.S. Forest Service, Rocky Mountain Forest and Range Experiment Station, Fort
Collins, Colorado.
Righter, R., R. Levad, C. Dexter, and K. Potter. 2004. Birds of Western Colorado Plateau and Mesa
Country. Grand Valley Audubon Society, Grand Junction.
WestWater Engineering. 2013. Section 9-103-K Impact analysis: Sensitive Areas Survey for Chevron
North America Exploration and Production's 8-inch interim sales pipeline. Grand Junction.
Westwater Engineering Page 3 of 5 April 2014
* <>eeupltd Raptor Nt1l =-=-lntel1m Sale• Plpelln• * Unoccupied Raptor Ntsl C R1pt0< Surv1y Arta
:II( Ou~oytd R1ptor Nt1t ri-1 County Road
~BLM
Figure 1
Chevron
8 Inch Interim S1IH Plpellne
Raptor Survey
Project Overview
n 'NtstW.ttr Englnurlng -:a Con1uh~t lngk\ttU •Scle11tl1 t1
o•
Mlltt
--·
* Occupied Raptor Nest -.-. lnterW'n Salea Pipeline * Unoccupied Raplor Nest t=-114 Mle Nest Suffer
-County Road * Destroyed Raptor Nest L J SLM
8 Inch Interim Sales Pipeline
Raptor Survey
Raptor Nests
.l"\'HestW..ter Engineering
w::;J/1 Conulting [nglnten 6 S<ientiJts .,