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1.0 Application
p :',(Y ir' '11-1 SEP 2 6 ZUOb BUlLUti,AU G ri_hi\iNl ' Development Plan for the Piceance Valley Pipeline and 36-1 Compressor Station Garfield County, Colorado September, 2006 Prepared for: Chevron USA, Inc. Christopher Bear 11111 S. Wilcrest Houston, TX 77099 Prepared by: CORDILLERAN Cordilleran Compliance Services, Inc. 826 211/2 Road Grand Junction, CO 81505 RECEIVED GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT 9 Z006 AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) �BUILUING &PLANNING GARFIELD COUNTY (hereinafter COUNTY) and U evron USA , (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for 01 10.25 mi 4 a'diameter rai-ural opts pipeline cOnnpve.ssor Si-ah'on (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT -040 t137 Sig t' ture Date: /6//to/Oto Cordi lkeran Compli(Xnc.P .�Prvicps Print Name Mailing Address: 2.to 20/L Rd efrand Junci- nn (C) F11c-n , 10/2004 Page 4 I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: Development Plan Submission: The applicant shall submit eight copies of the proposed development plan with the completed application form to the Planning Director. The following information must be submitted with a development plan application: 1) A vicinity map indicating the section, township and range of the site, and its relation to surrounding public roads and municipal boundaries. The proposed project site includes portions of Section 36 Township 5 South, Range 98 West, Garfield County, and portions of Sections 4, 9, 10, 15, 22, 27 and 28 Township 6 South, Range 98 West, Garfield County. The pipeline right-of-way begins on Chevron property in the SE1/4SW1/4 of Section 28 at the 698-28-1 well pad. The pipeline then runs east for approximately two miles, crossing County Road 211 in the south half of Section 27. After crossing the road and continuing east, the pipeline enters property owned by Shell Frontier. Once on the Shell property, the pipeline continues east, crossing Clear Creek, then turning to run north, paralleling Clear Creek through Section 22, where it crosses back over onto Chevron owned property before crossing County Road 211 again in the south half of Section 15. The pipeline continues heading north northwest through Sections 15 and 9, then crosses Clear Creek again in the south half of Section 4. The pipeline continues north northwest across Section 4 and into Section 36, where it crosses Clear Creek again before ending at the 598-36-1 well pad in the SE1/4SW1/4 of Section 36. The proposed project will involve approximately 39 acres of resource land primarily located on Chevron land and traversing a small portion of land owned by Shell Frontier, located approximately 17 miles north of De Beque in Garfield County, Colorado. A map illustration of the proposed pipeline is included in Attachment 2. 2) Project Overview: a description of the project including the length of the pipeline, diameter of the pipeline, pipeline commodity, and the general description of the pipeline route. Chevron has proposed the construction of an 8 -inch natural gas pipeline beginning in the SE1/4SW1/4 of Section 28 Township 6 South, Range 98 West of the Sixth Principal Meridian, Garfield County, Colorado, running east for approximately two miles across the 81/2 of Section 28 and the S1/2 of Section 27, then turning north and running for approximately one and one-half miles north into the S1/2 of Section 22, then turning slightly to run north northwest for approximately two and three-quarter miles through Sections 15, 10, 9 and 4, then ending at the proposed 36-1 compressor station in the SE1/4SW1/4 of Section 36 Township 5 South, Range 98 West of the Sixth Principal Meridian, Garfield County, Colorado. The total length of the pipeline is six and one-quarter miles. The pipeline right-of-way will be less than fifty feet wide and the entire right-of-way will be reclaimed upon completion. The compressor station will be installed on an already existing drill pad site identified as 598-36-1. The 36-1 site was originally permitted through the Colorado Oil and Gas Conservation Commission as a well site in 2005. Drilling was never initiated on the site and it became a de facto gathering site for Chevron's existing wells in Skinner Ridge to the west, Tom Creek to the northeast, and Deer Park Gulch to the east. The compressor station is not operational; however, all of the equipment has been placed on site. The facilities on the 598-36-1 prior to the compressor station project include: • One inlet separator, 20" x 12', enclosed by a structure measuring 15' x 21' x 9' • One 400 -bbl tank (containing oil and produced water), 12' x 20', surrounding containment measures 20' x 30' x 3' • One flare stack, 4" x 20' • One flare meter skid, 4' x 12' x 8'4" • Two 500 -gal tanks (containing methanol and engine oil), 4' x 5' each, surrounding containment rings each measure 7' x 2' • 60' of aboveground 4" pipe and associated fittings/valves • 10' of aboveground 2" pipe and associated fittings/valves • 10' of aboveground 1" pipe and associated fittings/valves • One reserve pit, 45' x 150' x 10', not associated with the compressor project The additional facilities that were placed on-site in affiliation with the compressor project include: • One discharge scrubber, 20" x 8' • One compressor skid, 8' x 28' x 10', with attached cooler, 10' x 17' x 10' • Two 500 -gal tanks (to contain compressor oil and waste oil from the compressor), 4' x 5' each, surrounding containment rings each measure 7' x 2' • 25' of aboveground 8" pipe and associated fittings • 90' of aboveground 4" pipe and associated fittings/valves • 40' of aboveground 2" pipe and associated fittings/valves • 15' of aboveground 1" pipe and associated fittings/valves All facilities necessary to operate the pipeline and compressor station are currently on- site, with the exception of two pig launchers. One launcher will be placed on the 698-28- 1 pad site and the other will be placed on the 598-36-1. Each pig launcher will include: • 10' of aboveground 10" pipe and associated fittings (5' each) • 25' of aboveground 8" pipe and associated fittings (12' 6" each) • 15' of aboveground 4" pipe and associated fittings/valves (7' 6" each) • 10' of aboveground 2" pipe and associated fittings/valves (5' each) 3) Ownership: A. For individual right-of-way, a diagram showing adjacent properties and the approximate location of buildings and their uses within a distance of 350 feet of any proposed structure, facility, or area to be disturbed. This may be drawn at a smaller scale than the site plan. B. For an area plan, the map will show the property boundaries and ownership information for all private and public property included in the development area. There are three structures located within a approximately 350 feet of the pipeline right- of-way: a dwelling adjacent to the 698-22-1 well pad, owned by Chevron; a dwelling on the northeast side of the intersection of County Road 211 and Deer Park Gulch, owned by Shell Frontier; and a dwelling southwest of the Hiner Gate, owned by Chevron. Please refer to the map in Attachment 3 for approximate locations in relation to the pipeline right-of-way. 4) Evidence of surface owner notification and of surface agreements where the surface owner is not a party to the mineral lease. Chevron is currently negotiating a land agreement with Shell Frontier to construct the pipeline right-of-way on the Shell Frontier property in Section 27 and 22 of Township 6 South, Range 98 West. A copy of the agreement, once finalized, will be provided to Garfield County Building and Planning. 5) Need for Proposed Action: a statement of the reason for the pipeline. As previously discussed, the 598-36-1 has become a de facto gathering site for the Skinner Ridge area. Chevron would like to bring the 598-36-1 into compliance with County regulations and requirements by appropriately permitting the Piceance Valley Pipeline and 36-1 Compressor Station. The pipeline and compressor station are necessary to continue gathering natural gas from the Skinner Ridge area and moving the gas into nearby market lines. 6) Regulatory Permit Requirements: a table indicating the permit, agency name, permit/action driving task and the task to be performed to obtain the permit. Permit Agency Driving Task Task Construction Air Permit CDPHE Compressor Emissions Initial Approval Granted 4/2006 Land Development APEN CDPHE Land Disturbance Emissions Submitted 9/2006 Construction Stormwater Permit CDPHE Stormwater Management Certified February, 2005 Permit # COR -037787 Department of the Army Permits US Army Corp of Engineers Drainage Crossings Approval Granted 09/2006 Utility Permits Garfield County Road and Bridge Road Cuts across County Road 211 Submitted 9/2006 Minimal Discharge Industrial Wastewater Permit CDPHE Discharge of Hydrostatic Test Water Expected Submission 10/2006 Please refer to Attachment 4 for all available permits/applications. 7) Primary Project Participants: Include the names, addresses and phone numbers of the company representative, company and individual acting as an agent for the company, construction company contacts, federal and state agency contacts. Representative: Chris Bear Company: Chevron Address: 11111 South Wilcrest Houston, TX 77099 Phone Number: 281-561-3918 Acting Agent: Tim Dobransky or Amanda Jacobs Company: Cordilleran Compliance Services Inc. Address: 826 21 '% Rd Grand Junction, CO 81505 Phone Number: 970-263-7800 The construction company for this project has not yet been determined. This pipeline is not regulated by the state or federal government. 8) Project Facilities: Identify any permanent project facilities such as permanent right-of- way, widths, meter stations, valve sets, etc. Also indicate any temporary right-of-way, width during construction, construction facilities, etc. The pipeline right-of-way will be a temporary feature, reclaimed upon the completion of construction. During construction, the right-of-way will measure less than 50 feet wide and will be used as the staging area for all necessary equipment and supplies. The compressor station will be installed on an already existing drill pad site identified as 598-36-1 (36-1). The 36-1 site was originally permitted through the Colorado Oil and Gas Conservation Commission as a well site in 2005. Drilling was never initiated on the site and it became a de facto gathering site for Chevron's existing wells in Skinner Ridge to the west, Tom Creek to the northeast, and Deer Park Gulch to the east. The compressor station is not operational; however, all of the equipment has been placed on site. The facilities on the 36-1 prior to the compressor station project include: • One inlet separator, 20" x 12', enclosed by a structure measuring 15' x 21' x 9' • One 400 -bbl tank (containing oil and produced water), 12' x 20', surrounding containment measures 20' x 30' x 3' • One flare stack, 4" x 20' • One flare meter skid, 4' x 12' x 8'4" • Two 500 -gal tanks (containing methanol and engine oil), 4' x 5' each, surrounding containment rings each measure 7' x 2' • 60' of aboveground 4" pipe and associated fittings/valves • 10' of aboveground 2" pipe and associated fittings/valves • 10' of aboveground 1" pipe and associated fittings/valves • One reserve pit, 45' x 150' x 10', which is not associated with the compressor project The additional facilities that were placed on the 36-1 in affiliation with the compressor project include: • One discharge scrubber, 20" x 8' • One compressor skid, 8' x 28' x 10', with attached cooler, 10' x 17' x 10' • Two 500 -gal tanks (to contain compressor oil and waste oil from the compressor), 4' x 5' each, surrounding containment rings each measure 7' x 2' • 25' of aboveground 8" pipe and associated fittings • 90' of aboveground 4" pipe and associated fittings/valves • 40' of aboveground 2" pipe and associated fittings/valves • 15' of aboveground 1" pipe and associated fittings/valves All facilities necessary to operate the pipeline and compressor station are currently on- site, with the exception of two pig launchers. One launcher will be placed on the 698-28- 1 pad site and the other will be placed on the 36-1. The pig launchers will include: • 10' of aboveground 10" pipe and associated fittings (5' each) • 25' of aboveground 8" pipe and associated fittings (12' 6" each) • 15' of aboveground 4" pipe and associated fittings/valves (7' 6" each) • 10' of aboveground 2" pipe and associated fittings/valves (5' each) Seven valves will be installed along the length of the pipeline. Five of these valves will tie in to existing wells: one at the 36-1 compressor station; one in Section 22, near the 698- 22-1 well pad; one in Section 27, near the 698-27-1 well pad; one near the 698-28-2 well pad in Section 28; and one at the beginning of the pipeline on the 698-28-1 well pad. Two additional stub -out valves will be installed to accommodate possible future development: one at the northeast corner of Section 15, near the intersection of CR 211 and Deer Park Gulch; and one near the middle of Section 9. Each well tie-in will utilize 30' of aboveground 4" pipe and associated fittings and valves. All equipment used in the construction and operation of the Piceance Valley pipeline and the 36-1 compressor station will comply with COGCC noise abatement regulations, Colorado Air Quality Control Program regulations and applicable control provisions and CDPHE water quality control standards. All facilities will be painted in a uniform, non -contrasting, non -reflective color, to blend with the adjacent landscape. 9) Construction Schedule: indicate the estimated start and end dates for construction, days of the week in which construction will occur, hours of day during which construction will occur. Construction is scheduled to begin November, 2006 and will end by March 1, 2007. The pipeline and compressor station project are expected to take a maximum of six weeks to complete. Construction will take place seven days a week between the hours of 7:00 a.m. and 7:00 p.m. 10) Sensitive Area Survey: List the types and areas of concern along the pipeline right-of- way, such as: sensitive plant populations, cultural, archeological, paleontological resources and wetlands identified during pre -construction environmental surveys, if applicable. WestWater Engineering conducted a field survey along the proposed pipeline route in July, 2006. The survey investigated the occurrence of raptors, United States Fish and Wildlife Service Birds of Conservation Concern and threatened and endangered plants. Two species of raptors were observed during the survey: Cooper's Hawk and American Kestrel. Two active and four previously active nest sites were noted at least 105 feet, but less than 300 feet from the centerline of the pipeline right-of-way. No Birds of Conservation Concern were observed during the survey, nor were any threatened, endangered or sensitive plant species. The nesting season for the raptors in this area is early March to mid-August. Because construction of this proposed project will take place between November 1st and March 1st, outside of the raptor nesting season, no impact on raptors will occur. Grand River Institute conducted a Class III cultural resources inventory or the proposed pipeline route segment in June, 2006. The site visit and files search identified three historic sites within the project corridors: The Roan Creek Community Center (currently in use as the "Cowboy Chapel of Prayer") at the intersection of County Road 211 and County Road 204; the Roan Creek School House along County Road 211, near the confluence of Roan and Clear Creeks; and a reported historic race track that could not be located due to previous land disturbance. The Roan Creek Community Center is the only site considered eligible for listing on the National Register of Historic Places. No relevant traditional cultural properties were found during the inventory. Both of the identified sites are located approximately one mile south of the proposed pipeline right-of-way. None of the identified sites will be impacted by the proposed project and the Grand River Institute recommended archeological clearance for the project. Cordilleran Compliance Services, Inc. conducted a field survey in June, 2006 to determine locations of possible drainage crossings necessary for completion of the proposed pipeline right-of-way. The field survey identified a total of seven drainage crossings in Clear Creek, Buck Gulch, Deer Park Gulch and un -named tributaries within the six and one-quarter mile right-of-way. An Application for the Department of the Army Permit was submitted in June, 2006 for all drainage crossings. These permits have been granted; however, documentation from the Army Corp of Engineers has not yet been received. Copies of the documentation will be provided when available. Please refer to Attachment 5 for copies of the Biological Survey, the Cultural Resource Inventory and the Drainage Crossing Field Survey. 11) Land Grant/Permits/Authorizations and Stipulations: attach a copy of any land grant, permits, and authorizations including stipulations. The deed and legal description of Chevron's property is included in Attachment 6. All available regulatory permits are included in Attachment 4. Chevron is currently negotiating a land agreement with Shell Frontier to construct the pipeline right-of-way on the Shell Frontier property in Section 27 and 22 of Township 6 South, Range 98 West. A copy of the agreement, once finalized, will be provided to Garfield County Building and Planning. 12) Revegetation Plan: a. A plant material list. Be specific, scientific and common names are required. Include application rate in terms of pure live seed (PLS) per acre. b. A planting schedule that includes timing, methods and mulching. c. A revegetation security. A security may be required if, in the determination of the County Vegetation Management, the proposed project has: (i) A potential to facilitate the spread of noxious weeds. (ii) A potential to impact watershed areas. (iii) A potential for visual impacts from public viewing corridors. (iv) Steep slopes (15% or greater) or unstable areas (v) Disturbs large area (half an acre of greater) d. The revegetation security will be in an amount to be determined by the County Vegetation Management that will be site-specific and based on the amount of disturbance. The security shall be held by Garfield County until vegetation has been successfully re-established, or for a period of time approved by the County Vegetation Management in any specific land use action, according to the Reclamation & Revegetation Standards Section in the Garfield County Weed Management Plan. The County Vegetation Management will evaluate the reclamation and revegetation prior to the release of the security. The proposed pipeline right-of-way traverses both dry pasture and shrubland. To revegetate the pipeline right-of-way in the best manner possible, two NRCS- recommended seed mixes will be used, as appropriate. Dry pasture areas will be reseeded with the following seed mix: Common Name Scientific Name Rate PLS (lbs/acre) Pubescent wheatgrass (Luna) Thinopyrum intermedium 3.6 Russian wildrye (Bozoisky) Psathyrostachys juncea 1.0 Thickspike wheatgrass (Critana) Elymus lanceolatus lanceolatus 1.0 Alfalfa ( Ladak) Medicago sativa 0.4 Small burnet ( Delar) Sanguisorba minor 1.5 Shrubland will be reseeded using the following seed mix: Common Name Scientific Name Rate PLS (lbs/acre) Pubescent wheatqrass (Luna) Thinopyrum intermedium 3.6 Russian wildrye (Bozoisky) Psathyrostachys juncea 1.0 Thickspike wheatgrass (Critana) Elymus lanceolatus lanceolatus 1.0 Alfalfa (Ladak) Medicago sativa 0.4 Small burnet (Delar) Sanguisorba minor 1.5 Four -wing saltbrush (Rincon) Atriplex canescens 1.0 The above rates reflect drill seeding application rates. Should the seed be broadcast, the seeding rate will be doubled. Planting will take place immediately following construction completion to get seed in the ground before spring. If necessary, a second seeding will take place in late summer/early fall of 2007. The proposed right-of-way is relatively flat and mulching is most likely unnecessary. If, during revegetation efforts, it is determined that mulching is necessary, mulch will be applied by broadcast or as hydromulch. 13) A weed management plan for all Garfield County listed noxious weeds and State of Colorado listed noxious weeds that are targeted by the Commissioner of Agriculture for statewide eradication. Surveying for noxious and/or problematic weeds will occur during construction and revegetation. Weed control will be implemented as necessary and will follow state and county recommendations. Weed management will be conducted by a third -party contractor, Native Habitat, under the supervision of Chevron. 14) Emergency Response Plan: include a fire protection and hazardous materials spills plan, which specifies planned actions for possible emergency events, a listing of persons to be notified of an emergency event, proposed signage, and provisions for access by emergency response teams. The emergency plan must be acceptable to the appropriate fire district or the County Sheriff, as appropriate. The plan shall include a provision for the operator to reimburse the appropriate emergency service provider for costs incurred in connection with emergency response for the operator's activities at the site. An Emergency Response Plan has been prepared for the Skinner Ridge/Piceance Basin. This plan includes: a fire protection and hazardous materials spills plan, which specifies planned actions for possible emergency events; a listing of persons to be notified of an emergency event; proposed signage; provisions for access by emergency response teams; and provision for the operator to reimburse the appropriate emergency service provider for costs incurred with emergency response for the operator's activities at the site. Please refer to Attachment 7 for a copy of the Emergency Response Plan. The Emergency Response Plan has been submitted to Fire Chief Nick Marx of the De Beque Fire Department, for review. Chevron has requested that all comments be directed to the Garfield County Building and Planning Department before Thursday, October 12, 2006, to ensure consideration during the Administrative Review process. 15) Traffic Impact: for construction traffic on county roads, indicate the anticipated types of vehicles, number of each type, anticipated number of trips per day per each type, county roads to be used, percentage of the construction traffic that will travel on each listed county road. Construction of the pipeline is expected to require the following: Number and Type of Vehicle Number of Round -trips (per vehicle per day) Number of Days Total Traffic Impact 2 trucks hauling stainless steel pipe 2 trips per truck per day 7 days 28 total round trips over the course of construction 6 trucks hauling reels of flexible pipe 1 trip per truck per day 2 days 12 total round trips over the course of construction 1 — 2 trucks hauling bulldozers with side booms 1 trip per vehicle per day 1 day to deliver 1 day to collect 2 —4 total round trips, 1 or 2 at the beginning of construction and 1 or 2 at the end of construction 1 truck hauling a trenching machine 1 trip per vehicle per day 1 day to deliver 1 day to collect 2 total round trips, 1 at the beginning of construction and 1 at the end of construction 1 truck hauling a track hoe 1 trip per vehicle per day 1 day to deliver 1 day to collect 2 total round trips, 1 at the beginning of construction and 1 at the end of construction 5 — 15 light-duty 1 trip per vehicle per 42 days of 210 — 630 total round vehicles (welders, workers, etc) day construction trips over the course of the entire construction project 1 water truck for dust 1 trip per day 42 days of 42 total round trips control construction over the course of the entire construction project Traffic will come from either Rifle or Grand Junction by way of 1-70 to the De Beque exit, then along 45 Road through De Beque, heading west, then northwest onto Garfield County Road 204 and proceeding northwest to Garfield County Road 211. All traffic will abide by State and County regulations and restrictions. 16) Staging Areas: indicate the general location of the staging areas required for pipeline construction. The temporary pipeline right-of-way will be used as the staging area for all construction activities. The entire right-of-way will be reseeded upon completion of pipeline construction. 17) Hydrotest Water: indicate the quantity of water required, source of water and the disposition of the water after testing. Hydrotesting will require an estimated 417,000 gallons of water. Water will be purchased from a third party provider, most likely the Town of De Beque. All water will be tested and disposed of in compliance with the Minimal Discharge Industrial Wastewater Permit for this project. II. REFERRAL AND REVIEW BY PLANNING DIRECTOR: The Planning Director will coordinate the review of the development plan application. Upon the filing of a complete application for development plan review, the Planning Director shall promptly forward one copy to the County Road & Bridge, Oil & Gas Auditor, Vegetation Management and Engineering Departments; the appropriate fire district or County Sheriff; the surface owners of an individual pipeline development plan; and any adjacent municipality for comment. (1) Referral comments on the proposed development shall be returned to the Planning Director no later than 18 days from the date of application for an individual site application and 30 days from the date of application for an area development plan. (2) In addition, the applicant shall notify the property owners within 200 feet of the route that are not affected surface owners with an agreement with the applicant. A sign will be posted on the portions of the route crossing or adjacent to a public road within seven days after receiving the application for an individual development plan review. Both the notice and the sign shall indicate that a development plan review application has been made, and the phone number of the Planning Department where information regarding the application may be obtained. The applicant shall notify all property owners within 200 feet of the outside boundary of an area development plan and post a sign at the intersection of each public road entering the area within seven days after receiving the application for an area development plan review. Both the (3) notice and the sign shall indicate that a development plan review application has been made, and the phone number of the Planning Department where information regarding the application may be obtained. Any determination by the Planning Director to approve or conditionally approve a development plan application must be in writing and mailed or otherwise provided to the applicant no later than 28 days for an individual pipeline development plan or 60 days for an area pipeline development plan, after the date on which the development plan application is filed. Failure to make a determination on the application within this time period shall result in the application being considered approved and the applicant's building permit or access, or other permits being processed. III. DEVELOPMENT PLAN REVIEW STANDARDS AND CRITERIA FOR APPROVAL: A development plan shall be approved or conditionally approved in accordance with the following standards and criteria. (1) Right-of-way and any associated facilities shall be located along the perimeters of surface property ownerships and not within areas of agricultural crop production as a general guide. Non -perimeter locations will be acceptable if the surface owner agrees and there is no adverse impact on adjacent properties. (2) Any equipment used in construction or operation of a pipeline must comply with the Colorado Oil and Gas Conservation Commission Rules and Regulations, Section 802, Noise Abatement. a. For any pipeline construction or operational facility that will have a substantial impact in adjacent areas, additional noise mitigation may be required. One or more of the following additional noise mitigation measures may be required: (I) Acoustically insulated housing or covers enclosing any motor or engine; (ii) Screening of the site or noise emitting equipment by fence or landscaping; (Hi) A noise management plan specifying the hours of maximum noise and the type, frequency, and level of noise to be emitted; and (iv) Any other noise mitigation measures required by the COGCC. b. All power sources used in pipeline operations shall have electric motors or muffled internal combustion engines. Pipeline operations shall be located in a manner to minimize their visual impact and disturbance of the land surface. a. The location of right-of-way shall be away from prominent natural features and identified environmental resources. b. Right-of-way shall be located to avoid crossing hills and ridges, and, wherever possible, shall be located at the base of slopes. c. Facilities shall be painted in a uniform, non -contrasting, non - reflective color, to blend with the adjacent landscape. Right-of-way shall be located in existing disturbed areas unless safety or visual concerns or other adverse surface impacts clearly dictate otherwise. (4) Access points to public roads shall be reviewed by the County Road & Bridge Department and shall be built and maintained in accordance with the Garfield County Road Specifications. All access and oversize or overweight vehicle permits must be obtained from the County Road & Bridge Department prior to (3) (5) (6) (7) (8) beginning operation. All proposed transportation right-of-way to the site shall also be reviewed and approved by the County Road & Bridge Department to minimize traffic hazards and adverse impacts on public roadways. Existing roads shall be used to minimize land disturbance unless traffic safety, visual or noise concerns, or other adverse surface impacts clearly dictate otherwise. Any new roads created as a result of the pipeline construction, intended to be permanent for maintenance and repair operations shall be placed behind a locked gate or other barriers preventing use by recreational vehicles. Any gates or barriers need to be consistent with the surface owner's preferences. In no case shall an operator engage in activities which threaten an endangered species. Air contaminant emissions shall be in compliance with the applicable permit and control provisions of the Colorado Air Quality Control Program, Title 25, Resolution 7, C.R.S. All operations shall comply with all applicable State Public Health and Environment, Water Quality Control standards. Any proposed waste disposal or treatment facilities shall comply with all requirements of the County Individual Sewage Disposal System Regulations. (9) The proposed reclamation plan shall provide for a reasonable reclamation schedule in light of the specific surface use and surrounding land uses, and may require recountouring and revegetation of the surface to pre -disturbance conditions. The Planning Director may also approve a plan for an alternative post -disturbance reclamation, provided the surface owner and the applicant agree, and the plan is in harmony with the surrounding land uses and the Comprehensive Plan. (10) Should an abandoned pipeline be removed, it will be subject to the original revegetation and weed management requirements in the original application. IV. CONDITIONS OF APPROVAL (1) If the Planning Director finds in reviewing a development plan application that the application meets the applicable standards set forth above, the Planning Director shall approve the site plan, and the applicant may continue the processing of the building or other associated County permit applications, or otherwise engage in the construction of the proposed pipeline. (2) If the Planning Director finds that the application does not meet an applicable standard or standards, the application shall be approved with appropriate reasonable conditions imposed to avoid or minimize the significant adverse impacts of the development. Such conditions may include, but are not necessarily limited to: the relocation or modification of proposed access roads, facilities, or structures; landscaping, buffering, or screening; posting of adequate financial guarantees; compliance with specified surface reclamation measures; or any other measures necessary to mitigate any significant impact on surrounding properties and public infrastructure. (3) One the Planning Director issues a determination on the development plan, the determination shall not be final, and no permit based upon the determination shall be issued, for 14 calendar days after the date of the determination, in order to allow time for the applicant to appeal, or for the Board of County Commissioners to call up the determination for further review, pursuant to Section 9.07.08 and 9.07.09 of the Pipeline Resolution. The Planning Director's determination shall become final, and permits applied for in accordance with the determination may be issued, only after the expiration of this 14 -day period, and only if the determination is not reviewed and acted upon by the Board of County Commissioners at a subsequent appeal or call-up hearing. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signat : of applicant/owner) CiLuirar? OSA Last revised: 2/2006 LIST OF ATTACHMENTS Attachment 1 Letter of Acting Agent Attachment 2 Map of Pipeline Attachment 3 Map of Adjacent Properties and Structures Attachment 4 Permits and Applications Attachment 5 Surveys Attachment 6 Deed and Legal Description Attachment 7 Emergency Response Plan Attachment 8 Photo Log ATTACHMENT 1 — Letter of Acting Agent Chevron 111101 September 25, 2006 Mr. Mark Bean Garfield County Planning Director 109 81h Street, Suite 401 Glenwood Springs, CO 31601 Mid -Continent Business Unit Chevron U.S.A. Inc. 11111 S. Wilcrest Houston, Texas 77099 Subject: Letter of Acting Agent for Development Plan Submission for Chevron's Piceance Valley Pipeline and 36-1 Compressor Station Dear Mr. Bean: This letter authorizes Cordilleran Compliance Services, Inc. to act as our agent with regards to the above referenced pipeline and compressor station project. Mrs. Jacobs has full signatory authority for documents and permits required for this project. Please call me at 281-561-3918 with any questions you might have. Sincerely, � f � L Chris Bear Facilities Engineer Chevron USA, Inc. ATTACHMENT 2 — Map of Pipeline 1131 rio U)(n A 6 I `59,L »' [5'L M96U `SS.L M 66 a, C\I 1/7' I GAS 8 GAS CDip CVCs.! xz O _ ±33,017 L.F. 5 {0615 [ r 6#s \ / - _ y5 86'S JI.11 • p5 (NI I)17375717,f73 1_ox ALKno cc m spa J " Li Y yam ~ a GPS �'d �--- i / 6PS GP B GPS I- 8 1]611.116 ea _ yy 2 CO 8w N 888 az,.. •. + 8- • • 0 i 0 ."- i -1 0 N CHECKED 8 O E-1 00 W Z c O CD 00 P4 U _ O Q O W cq w104 E-1� 00 pLI O Zco M O U LCD O CD Pf, co C..) zco za CD DO W 0E-1 a ��oa W�C)El— = xo EW-1 CD 0 E-1 8 8 ATTACHMENT 3 — Map of Adjacent Properties and Structures • �• c1i; c,i lair 4R BC Onpi c\ T5S. ROUE\ TOS. R9OW TSS. 597W T6S, F.96W u•.0 :31:x' caJnl.i 1enAL 81117:Vpnm 1' voP 'rn n u McuM BlninD 21 1 MAI 1 1 i ,1 L__J,..T ' �i6S 141Nr GETTY OIL CO.,(l,o, c%o CHEVRON/TEX.tt."0 U.S.A. INC. z SHELL FTONTIER • GETTY OIL CO. c/o CIIEVRON/1'EXAC U.S.A. INC, SHELL. FRONTIER P DEER I _ _ 4 Ar 1 SR CM 12-11. • r i 01.1.1 'i} • 1. u aeA m. aR lc Ih RLN 0'. - / Erns y103 GETTY OIL CO. 11� 1 zu ,c/o CHEVRON/TMC•^g u •;. U:S.A. INC, i 1.11,530 DR 115 IB -I SP 801. 38-R J SP R'7 1 II' • s, / i(t 4 s ,ECRB 4 ulfe.w BLM C `\ �rmE':aRa� - 1 1 . '•Alar 1- 14"" i SHELL ONTIER. PROPOSED 8" NATURAL GAS PIPELINE SITUATE IN SECTION 36 TOWNSHIP 5 SOUTH, RANGE 98 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO AND SECTIONS 4, 9, 10, 15, 22, 27, & 28 TOWNSHIP 6 SOUTH, RANGE 98 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO 1000 MOO GRAPHIC 501111 IN FEET mai EEET Anes :": uv SHELL t. I FRONTIER NT R RANCH I _ J 26 26 Siding , 74 7+R:»:11 MORS 1. TDERLLFIIH V DRS NYEE 3310,7 V. 1 „E LEON DE HPE 31Ql0±{M M x0201114 LE } PROPOSED MBIDJAI4.RR. LRE MK RO01E ,5 STAMED 1,14) RUGGED • Structure Locations (appr.) CONSTRUCTION SURVEYS, INC. 0012 ^E.TIRISE BLVD. SILT, CO 61652 010-016-6163 DRAFTED 07: D ED BT. GR. DAIS 03/15/00 peG BR-PROP-BPL\d.q\IR-PROP-BL ATTACHMENT 4 — Permits and Applications CDPHE Construction Stormwater Permit Number COR -037787, Garfield County STATE OF COLORADO Bill Owens, Governor Douglas H. Benevento, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. 5. Denver, Colorado 80246-1530 Phone (303) 692-2000 TDD Line (202) 691-7700 Located in Glendale, Colorado http://www.cdphe.state.co.us February 17, 2005 Laboratory and Radiation Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (mm) AQ2,31)a0 Robert L. Life, Rockies/CBM Ops. Mgr Chevron U.S.A. Inc. - Kenneth W. Jackson 11111 S. Wilcrest/P.O. Box 36366 Houston, TX 77099 281/561-4991 RE: Final Permit, Colorado Discharge Permit System — Stormwater Certification No: COR -037787, Garfield County Skinner Ridge Natural Gas Wells Local Contact: Sean Norris, Senior Project Geologist, 970/ 263-7800 Anticipated Activity: 02/07/2005 through 06/07/2006 On 3.4 acres (18.0 acres disturbed) Dear Sir or Madam: Colorado D cnt of PublicHealth and Environment Enclosed please find a copy of the permit certification that was issued to you under the Colorado Water Quality Control Act. Your certification under the permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of your certification. Note that the stormwater permit for construction activities now covers construction sites disturbing down to one acre (the previous threshold was 5 acres). Effective July 1, 2002, any construction activity that disturbs at least 1 acre of land (or is part of a larger common plan of development or sale that will disturb at least 1 acre) must apply for permit coverage. Please read the permit and certification. If you have any questions please visit our website at http://www.cdphe.state.co.us/wq/pennitsunit/wqcdpmt.html, or contact Matt Czahor at (303) 692-3575. Sincerely, CA, Kathryn Dolan Stormwater Program Coordinator Permits Unit WATER QUALITY CONTROL DIVISION Enclosure xc: Regional Council of Governments Local County Health Department District Engineer, Technical Services, WQCD Permit File Fee File Permit No. COR -030000 Facility No. COR -037787 PAGE 1 of 17 CERTIFICATION CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION Construction Activity: The construction activity includes the drilling of natural gas test wells, clearing of well drilling pads, construction of access roads, and the eventual construction of natural gas gathering pipelines. This permit specifically authorizes: Chevron U.S.A. Inc. - Kenneth W. Jackson to discharge stormwater from the facility identified as Skinner Ridge Natural Gas Wells which is located at: Tom Creek in Skinner Ridge area. Garfield County, Co latitude 39.5877, longitude 108.3418 in Garfield County to: Tom Creek effective: 02/15/2005 Annual Fee: $449.00 (DO NOT PAY NOW. You will receive a prorated bill.) Page 2 of 17 Permit No. COR -030000 CDPS GENERAL PERMIT STORMWATERDISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"), this permit authorizes the discharge of stormwater associated with construction activities certified under this permit, from those locations specified throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with the conditions of this permit. This permit specifically authorizes the facilitylisted on page 1 of this permit to discharge stormwater associated with construction activity, as of this date, in accordance with permit requirements and conditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight, June 30, 2007. Issued and Signed this 21st day of May, 2002 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT hoz. J. David Holm, Director Water Quality Control Division DATE SIGNED: IVIA.Y 21, 2002 EFFECTIVE DATE OF PERMIT: JULY 1, 2002 TABLE OF CONTENTS PART I .1. COVERAGE UNDER THIS PERMIT 3 1. Authority to Discharge 3 a) Applicable Sections 3 2. Industries Covered Under this Permit 3 ilr8._.tin..a .. 3 b) Types of Activities Covered by this Permit: 3 3. Permit Coverage Without Application 3 a) Applicable Sections 3 b) Local Agency Authority 3 c) Permit Coverage Termination 4 d) Compliance with Qualifying Local Program 4 e) Full Permit Applicability 4 4. Application, Due Dates 4 a) Application Due Dates 4 b) Summary of Application 4 5. Permit Certification Procedures 4 a) Request for Additional Information 5 b) Automatic Coverage 5 c) Individual Permit Required 5 d) Temporary Coverage 5 e) General vs. Individual Permit Coverage 5 f) Local Agency Authority 5 6. Inactivation Notice 5 7. Transfer of Permit 5 8. Permit Expiration Date 6 9. Individual Permit Criteria _ 6 8. CONTENTS OF THE STORMWATER MANAGEMENT PLAN 6 1. Site Description 7 2. Site Map 7 3. BMPs for Stormwater Pollution Prevention 7 a) Erosion and Sediment Controls 7 b) Materials Handling and Spill Prevention 8 4. Final Stabilization and Longterm Stormwater Management 8 5. Other Controls 8 6. Inspection and Maintenance 8 C. TERMS AND CONDITIONS 8 1. General Limitations 8 2. Prohibition of Non-stormwater Discharges 9 3. Releases in Excess of Reportable Quantities 9 4. Stormwater Management Plans 9 a) Signatory Requirements 9 b) SWMP Review/Changes 9 5. Inspections 9 a) Active Sites 9 b) Completed Sites 10 c) Winter Conditions 10 6. Reporting 10 7. SWMP Submittal Upon Request 10 D. ADDITIONAL DEFINITIONS 10 -2a- TABLE OF CONTENTS (cont.) E. GENERAL REQUIREMENTS 1' 1. Signatory Requirements 11 2. Retention of Records 12 PART II A. MANAGEMENT REQUIREMENTS 12 1. Change in Discharge 12 2. Special Notifications - Definitions 12 3. Noncompliance Notification 13 4. Submission of Incorrect or Incomplete Information 13 5. Bypass 13 6. Upsets 13 7. Removed Substances 14 8. Minimization of Adverse Impact 14 9. Reduction, Loss, or Failure of Treatment Facility 14 10. Proper Operation and Maintenance 14 B. RESPONSIBILITIES 14 1. Inspections and Right to Entry 14 2. Duty to Provide Information 15 3. Transfer of Ownership or Control 15 4. Modification, Suspension, or Revocation of Permit By Division 15 5. Permit Violations 16 6. Legal Responsibilities 16 7. Severability 16 8. Renewal Application _ 17 9. Confidentiality 1 10. Fees 17 11. Requiring an Individual CDPS Permit 17 -2b- PART I .%. COVERAGE UNDER THIS PERMIT 1. Authority to Discharge PART I Page 3 Permit No. COR -030000 Under rills perms, LOrnMMTULUU„ a,.t,v,tICS, mch,dmB c ca,u,x, siadsn5, anal enca.at,eu, e1\. Can 8bThOt.E8UO7110 discharge stormwater associated with construction activities into waters of the state of Colorado. a. Applicable Sections: This permit is made up of several parts, not all of which apply to all permittees. The permittee will be responsible for determining and then complying with the applicable sections, depending upon whether or not a Qualifying Local Program covers the site. For sites not covered by a Qualifying Local Program, all Parts of the permit except Part I.A.3 apply. 2. Industries Covered Under this Permit a) Definitions: 1) Stormwater: Stormwater is precipitation -induced surface runoff. 2) Construction activity: Construction activity includes clearing, grading and excavation activities. Construction does not include routine maintenance performed by public agencies, or their agents to maintain original line and grade, hydraulic capacity, or original purpose of the facility. 3) Small construction activity: Stormwater discharge associated with small construction activity means the discharge of stormwater from construction activities that result in land disturbance of equal to or greater than one acre and less than five acres. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale, if the larger common plan will ultimately disturb equal to or greater than one and less than five acres. 4) Qualifying Local Program: This permit includes conditions that incorporate qualifying local erosion and sediment control program (Qualifying Local Program) requirements by reference. A Qualifying Local Program is a municipal stormwater program for stormwater discharges associated with small construction activity that has been formally approved by the Division. 5) Other Definitions: Definitions of additional terms can be found in Part I.D. of this permit. b) Types of Activities Covered by this Permit: This permit may authorize all new and existing discharges of stormwater associated with construction activity. This includes stormwater discharges from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction site. This permit also includes stormwater discharges from dedicated aspbah batch plants and dedicated concrete batch plants. This permit does not authorize the discharge of mine water or process water from such areas. 3. Permit Coverage Without Application — for small construction activities under a Qualifying Local Program only If a construction site is within the jurisdiction of a Qualifying Local Program, the operator of the construction activity is authorized to discharge stormwater associated with small construction activity under this general permit without the submittal of an application to the Division. a) Applicable Sections: For sites covered by a Qualifying Local Program, only Parts 1.A.1, 1.A.2, 1.A.3, I.C.1, I.C.2, I.C.3, I.D and Part II of this permit, with the exception of Parts II.A.1, 11.13.3, 113.8, and II.B 10, apply. b) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. PART I Page 4 Permit No. COR -030000 A. COVERAGE UNDER THIS PERMIT (cont.) c) Permit Coverage Termination: When a site has been finally stabilized, coverage under this permit is automatically terminated. d) Compliance with Qualifying Local Program: A construction site operator that has authorization to discharge under this permit under Part I.A.3 shall comply with the requirements of the Qualifying Local Program with jurisdiction over the site. e) Full Permit Applicability: The Division may require any owner or operator within the jurisdiction of a Qualifying Local Program covered under this permit to apply for and obtain coverage under the full requirements of this permit. The owner or operator must be notified in writing that an application for full coverage is required. When a permit certification under this permit is issued to an owner or operator that would otherwise be covered under Part I.A.3 of this pennit, the full requirements of this permit replace the requirements as per Part I.A.3 of this permit, upon the effective date of the permit certification. A site brought under the full requirements of this permit must still comply with local stormwater management requirements, policies or guidelines as required by Part I.C.I.h of this Permit. 4. Application, Due Dates a) Application Due Dates: At least ten days prior to the commencement of construction activities, the operator of the construction activity shall submit an application form as provided by the Division, with a certification that the Stormwater Management Plan (SWMP) is complete. One original completed discharge permit application shall be submitted, by mail or hand delivery, to: Colorado Department of Public Health and Environment Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 b) Summary of Application: The application requires, at a minimum, the following: 1) The operator's name, address, telephone number, tax payer identification number (or employer identification number), and the status as Federal, State, private, public or other entity; 2) Name, county and location of the construction site, including the latitude and longitude to the nearest 15 seconds of the approximate center of the construction activity; 3) A brief description of the nature of the construction activity; 4) The anticipated starting date of the project and the anticipated schedule of completion 5) Estimates of the total area of the site, the area of the site that is expected to be disturbed, and the total area of the larger common plan of development or sale to undergo disturbance; 6) The name of the receiving water(s), or the municipal separate storm sewer system and the ultimate (i.e., named) receiving water(s); 7) Certification that the SWMP for the construction site is complete (see Part LB. below); and 8) The signature of the applicant signed in accordance with Part I.E.1 of this permit. 5. Permit Certification Procedures If the general permit is applicable to the applicant's operation, then a certification will be developed and the applicant will be authorized to discharge stormwater under this general pennit. A. COVERAGE UNDER THIS PERMIT (cont.) PART Page 5 Permit No. COR -030000 a) Request for Additional Information: The Division shall have up to ten days after receipt of the above information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of additional information, the Division shall have an additional ten days to issue or deny authorization for the particular discharge. (Notification of denial shall be by letter, in cases where coverage under an altemate general permit Ur mm individual p.. auul is Milancd, instead ofCu' crag,. t.a l•a, tliis p..n.at.) b) Automatic Coverage: If the applicant does not receive a request for additional information or a notification of denial from the Division dated within ten days of receipt of the application by the Division, authorization to discharge in accordance with the conditions of this permit shall be deemed granted. c) Individual Permit Required: If, after evaluation of the application (or additional information, such as the SWMP), it is found that this general permit is not applicable to the operation, then the application will be processed as one for an individual permit. The applicant will be notified of the Division's decision to deny certification under this general permit. For an individual permit, additional information may be requested, and 180 days will be required to process the application and issue the permit. d) Temporary Coverage: Notwithstanding Parts I.A.5.a-c, above, the Division reserves the right to temporarily cover stormwater discharge from construction activity under general permits, even though individual permit coverage may be more appropriate. Certification of these activities under a general permit does not in any way infringe on the Division's right to revoke that coverage and issue an individual permit or amend an existing individual permit. e) General vs. Individual Permit Coverage: Any owner or operator authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual CDPS.permit. The owner or operator shall submit an individual application, with reasons supporting the request, to the Division at least 180 days prior to any discharge. 1) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. 6. Inactivation Notice When a site has been finally stabilized in accordance with the SWMP, the operator of the facility must submit an Inactivation Notice that is signed in accordance with Part 1.E.1. of this permit. The Inactivation Notice form is available from the Division and includes: a) Permit certification number; b) The permittee's name, address, telephone number; c) Name, location, and county for the construction site for which the application is being submitted. d) Certification that the site has been finally stabilized, and a description of the final stabilization method(s). An inactivation form may not be required for small construction activities if application was made for coverage with a completion date less than 12 months from the start of construction activity. In such cases, permit certification may be authorized for a predetermined period from 3 to 12 months. The permit certification will include the automatic expiration date for permit coverage. If permit coverage beyond that date is needed (i.e., the site has not been finally stabilized), the permittee must submit an extension request form to the Division at least 10 days prior to the expiration date. 7. Transfer of Permit When responsibility for stormwater discharges at a construction site changes from one individual to another, the permittee shall submit a completed Notice of Transfer and Acceptance of Terms of a Construction General Stormwater Discharge Permit Certification that is signed in accordance with Part I.E.1. of this permit. The Notice of Transfer form is available from the Division and includes: PART I Page 6 Permit No. COR•030000 A. COVERAGE UNDER THIS PERMIT (cont.) a) Permit certification number. b) Name, location, and county for the construction site for which the application is being submitted. c) The current permittee's name, address, telephone number and the status as Federal, State, private, public or other entity. d) The new permittee's name, address and telephone number and the status as Federal, State, private, public or other entity. e) Certification that the new permittee has reviewed the permit and SWMP and accepts responsibility, coverage and liability for the permit. 0 Effective date of transfer. If the new responsible party will not complete the transfer form, the permit may be inactivated if the permittee has no legal responsibility, through ownership or contract, for the construction activities at the site. In this case, the new operator would be required to obtain permit coverage separately. 8. Permit Expiration Date Authorization to discharge under this general permit shall expire on June 30, 2007. The Division must evaluate and reissue this general permit at least once every five years and must recertify the applicant's authority to discharge under the general permit at such time. Any permittee desiring continued coverage under the general permit must reapply by March 31, 2007. The Division will determine if the applicant may continue to operate under the terms of the general permit. An individual permit will be required for any facility not reauthorized to discharge under the reissued general permit. 9. Individual Permit Criteria Aside from the activity type, the Division may use other criteria in evaluating whether an individual permit is required instead of this general permit. This information may come from the application, SWMP, or additional information as requested by the Division, and includes, but is not limited to, the following: a) the quality of the receiving waters (i.e., the presence of downstream drinking water intakes or a high quality fishery, or for preservation of high quality water); b) the size of the construction site; c) evidence of noncompliance under a previous permit for the operation; d) the use of chemicals within the stonnwater system. In addition, an individual permit may be required when the Division has shown or has reason to suspect that the stormwater discharge may contribute to a violation of a water quality standard. B. CONTENTS OF THE STORMWATER MANAGEMENT PLAN The SWMP shall be prepared in accordance with good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.) The main objective of the plan shall be to identify Best Management Practices (BMPs) which when implemented will meet the terms and conditions of this permit (see Part I.C., below). The plan shall identify potential sources of pollution (including sediment) which may reasonably be expected to affect the quality of stormwater discharges associated with construction activity from the facility. In addition, the plan shall describe and ensure the implementation of BMPs which will be used to reduce the pollutants in stormwater discharges associated with construction activity. Construction operations must implement the provisions of the SWMP required under this part as a condition of this permit. The SWMP shall include the following items, at a minimum: PART 1 Page 7 Permit No. COR -030000 B. CONTENTS OF THE STORMWATER MANAGEMENT PLAN (cont.) 1. Site Description Each plan shall provide a description of the following: a) A description of the construction activity. o) lno pmpascufacqur.u�c rw uia�ua n%nv nica. c) Estimates of the total area of the site, and the area of the site that is expected to undergo clearing, excavation or grading. d) An estimate of the runoff coefficient of the site before and after construction activities are completed and any existing data describing the soil, soil erosion potential or the quality of any discharge from the site. e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover. 0 The location and description of any other potential pollution sources, such as vehicle fueling, storage of fertilizers or chemicals, etc. g) The location and description of any anticipated non-stormwater components of the discharge, such as springs and landscape irrigation return flow. h) The name of the receiving water(s) and the size, type and location of any outfall or, if the discharge is to a municipal separate storm sewer, the name of that system, the location of the storm sewer discharge, and the ultimate receiving water(s). 2. Site Map Each plan shall provide a generalized site map or maps which indicate: - construction site boundaries - all areas of soil disturbance - areas of cut and fill - areas used for storage of building materials, soils or wastes - location of anydedicated asphalt or concrete batch plants - location of major erosion control facilities or structures - springs, streams, wetlands and other surface waters - boundaries of 100 -year flood plains, if determined. 3. BMPs for Stormwater Pollution Prevention The plan shall include a narrative description of appropriate controls and measures that will be implemented before and during construction activities at the facility. The plan shall clearly describe the relationship between the phases of construction and the implementation and maintenance of controls and measures. For example, which controls will be implemented during each of the following stages of construction: clearing and grubbing necessary for perimeter controls, initiation of perimeter controls, remaining clearing and grubbing, road grading, storm drain installation, final grading, stabilization, and removal of control measures. The description of controls shall address the following minimum components: a) Erosion and Sediment Controls. 1) Structural Practices. A description of structural site management practices which will minimize erosion and sediment transport. Practices may include, but are not limited to: straw bales, silt fences, earth dikes, drainage swales, sediment traps, subsurface drains, pipe slope drains, inlet protection, outlet protection, gabions, and temporary or pemtanent sediment basins. 2) Non -Structural Practices. A description of interim and permanent stabilization practices, including site- specific scheduling of the implementation of the practices. Site plans should ensure that existing vegetation is preserved where possible and that disturbed areas are stabilized. Non-structural practices may include, but are not limited to: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, and preservation of mature vegetation. PART I Page 8 Permit No. COR -030000 B. CONTENTS OF THE STORMWATER MANAGEMENT PLAN (cont.) b) Materials Handling and Spill Prevention. The SWMP shall identify any procedures or significant materials (see definitions at Part I.D.) handled at the site that could contribute pollutants to runoff. These could include sources such as: exposed storage of building materials, fertilizers or chemicals; waste piles; and equipment maintenance or fueling procedures. Areas or procedures where potential spills can occur shall have spill prevention and response procedures identified. Measures to control stormwater pollution from dedicated concrete batch plants or dedicated asphalt batch plants covered by this certification, must be identified in the SWMP. 4. Final Stabilization and Longterm Stormwater Management The plan shall include a description of the measures used to achieve final stabilization and measures to control pollutants in stormwater discharges that will occur after construction operations have been completed. Final stabilization is reached when all soil disturbing activities at the site have been completed, and uniform vegetative cover has been established with a density of at least 70 percent of pre -disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this permit, establishment of a vegetative cover capable of providing erosion control equivalent to pre- existing conditions at the site can be considered final stabilization. The permittee will be responsible for providing to the Division the documentation to make this comparison. The Division may, after consultation with the permittee and upon good cause, amend the final stabilization criteria for specific operations. 5. Other Controls The plan shall include a description of other measures to control pollutants in stormwater discharges, including plans for waste disposal and limiting off-site soil tracking. 6. Inspection and Maintenance The plan shall include a description of procedures to inspect and maintain in good and effective operating condition the vegetation, erosion and sediment control measures and other protective measures identified in the SWMP. C. TERMS AND CONDITIONS 1. General Limitations The following limitations shall apply to all discharges covered by this permit: a) Stormwater discharges from construction activities shall not cause or threaten to cause pollution, contamination or degradation of State waters. b) Concrete wash water shall not be discharged to state waters or to storm sewer systems. c) Bulk storage structures for petroleum products and other chemicals shall have adequate protection so as to contain all spills and prevent any spilled material from entering State waters. d) No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the Division. In granting the use of such chemicals, special conditions and monitoring may be addressed by separate letter. e) The Division reserves the right to require sampling and testing, on a case-by-case basis, in the event that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the effluent. Such monitoring may include Whole Effluent Toxicity testing. PART I Page 9 Permit No. COR -030000 C. TERMS AND CONDITIONS (cont.) 0 All wastes composed of building materials must be removed from the site for disposal in licensed disposal facilities. No building material wastes or unused building materials shall be buried, dumped, or discharged at the site. g) Of -site vehicle cracking of sedimenta b1ll be nuwu h) All dischargers must comply with the Lawful requirements of municipalities, counties, drainage districts and other local agencies regarding any discharges of stormwater to storm drain systems or other water courses under their jurisdiction, including applicable requirements in municipal stormwater management programs developed to comply with CDPS permits. Dischargers must comply with local stormwater management requirements, policies or guidelines including erosion and sediment control. 2. Prohibition of Non-Stormwater Discharges a) Except as provided in paragraph b, below, all discharges covered by this permit shall be composed entirely of stormwater. Discharges of material other than stormwater must be addressed in a separate CDPS permit issued for that discharge. b) Discharges from the following sources that are combined with stormwater discharges associated with construction activity may be authorized by this permit, provided that the non-stormwater component of the discharge is identified in the SWMP (see Part I.B.I.g of this permit): - fire fighting activities - landscape irrigation return flow - springs 3. Releases in Excess of Reportable Quantities This permit does not relieve the permittee of the reporting requirements of 40 CFR 110, 40 CFR 117 or 40 CFR 302. Any discharge of hazardous material must be handled in accordance with the Division's Notification Requirements (see Part II.A.3 of the permit). 4. Stormwater Management Plans Prior to commencement of construction, the stormwater management plan (SWMP) shall be implemented for the construction site covered by this permit. a) Signatory Requirements: The plan shall be signed in accordance with Part I.E.1., with one retained on site. b) SWMP Review/Changes: The permittee shall amend the plan whenever there is a significant change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of _ pollutants to the waters of the State, or if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activity. 5. Inspections a) Active Sites - For sites where construction has not been completed, the permittee shall make a thorough inspection of their stormwater management system at least every 14 days and after any precipitation or snowmelt event that causes surface erosion. 1) The construction site perimeter, disturbed areas and areas used for material storage that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Erosion and sediment control measures identified in the SWMP shall be observed to ensure that they are operating correctly. PART 1 Page 10 Permit No. COR -030000 C. TERMS AND CONDITIONS (cont.) 2) Based on the results of the inspection, the description of potential pollutant sources, and the pollution prevention and control measures that are identified in the SWMP shall be revised and modified as appropriate as soon as practicable after such inspection. Modifications to control measures shall be implemented in a timely manner, but in no case more than 7 calendar days after the inspection. 3) The operator shall keep a record of inspections. Any incidence of non-compliance, such as uncontrolled releases of mud or muddy water or measurable quantities of sediment found off the site, shall be recorded with a brief explanation as to the measures taken to prevent future violations, as well as any measure taken to clean up the sediment that has left the site. After adequate measures have been taken to correct any problems, or where a report does not identify any incidents of non-compliance, the report shall contain a signed certification indicating the site is in compliance. This record shall be made available to the Division upon request. b) Completed Sites - For sites where all construction activities are completed but final stabilization has not been achieved due to a vegetative cover that bas been planted but has not become established, the permittee shall make a thorough inspection of their stormwater management system at least once every month. When site conditions make this schedule impractical, permittees may petition the Division to grant an alternate inspection schedule. These inspections must be conducted in accordance with paragraphs 1), 2), and 3) of Part I.C.S.a. above. c) Winter Conditions - Inspections, as described above in a) and b), will not be required at sites where snow cover exists over the entire site for an extended period, and melting conditions do not exist. This exemption is applicable only during the period where melting conditions do not exist. Regular inspections, as described above, are required at all other times. 6. Reporting No regular reporting requirements are included in this permit; however, the Division reserves the right to request that a copy of the inspection reports be submitted. 7. SWMP Submittal Upon Request Upon request, the permittee shall submit a copy of the SWMP to the Division, EPA or any local agency in charge of approving sediment and erosion plans, grading plans or stormwater management plans. All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of the CWA. The owner or operator of a facility with stormwater discharges covered by this permit shall make plans available to members of the public upon request, unless the SWMP has been submitted to the Division. However, the permittee may claim any portion of a SWMP as confidential in accordance with 40 CFR Part 2. D. ADDITIONAL DEFINITIONS For the purposes of this permit: 1. BAT and BCT: (Best Available Technology and Best Conventional Technology) Technology based federal water quality requirements covered under 40 CFR subchapter N. 2. Best management practices (BMPs): schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from material storage. 3. Dedicated asphalt plants and concrete plants: portable asphalt plants and concrete plants that are located on or adjacent to a construction site and that provide materials only to that specific construction site. PART I Page 11 Permit No. COR -030000 D. ADDITIONAL DEFINITIONS (cont.) 4. Final stabilization: when all soil disturbing activities at the site have been completed, and uniform vegetative cover has been established with a density of at least 70 percent of pre -disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this permit, establishment of a vegetative cover capable of providing erosion control equivalent to pre-existing conditions at the site will be considered final stabilization. 5. Municipal storm sewer system: a conveyance or system of conveyances (including: roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), owned or operated by a State, city, town, county, district, or other public body (created by state law), having jurisdiction over disposal of sewage, industrial waste, stormwater, or other wastes; designed or used for collecting or conveying stormwater. 6. Operator: the individual who has day-to-day supervision and control of activities occurring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. It is anticipated that at different phases of a construction project, different types of parties may satisfy the definition of 'operator' and that the permit may be transferred as the roles change. 7. Outfall: a point source at the point where stormwater leaves the construction site and discharges to a receiving water or a stormwater collection system. 8. Part of a larger common plan of development or sale: a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. 9. Point source: any discernible, confined and discrete conveyance from which pollutants are or may be discharged. Point source discharges of stormwater result from structures which increase the imperviousness of the ground which acts to collect runoff, with runoff being conveyed along the resulting drainage or grading pattern. 10. Process water: any water which during manufacturing or processing, comes into contact with or results from the production of any raw material, intermediate product, finished product, by product or waste product. This definition includes mine drainage. 11. Receiving Water: any water of the State of Colorado into which stormwater related to construction activities discharges. 12. Runoff coefficient: the fraction of total rainfall that will appear as runoff. 13. Significant Materials include but are not limited to: raw materials; fuels; materials such as metallic products; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharge. 14. Stormwater: precipitation -induced surface runoff. 15. Waters of the state of Colorado: any and all surface waters that are contained in or flow in or through the state of Colorado. This definition includes all water courses, even if they are usually dry. E. GENERAL REQUIREMENTS 1. Signatory Requirements a) All reports required for submittal shall be signed and certified for accuracy by the permittee in accordance with the following criteria: 1) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates; 2) In the case of a partnership, by a general partner; PART 1 Page 12 Permit No. COR -030000 E. GENERAL REQUIREMENTS (cont.) 3) hi the case of a sole proprietorship, by the proprietor; 4) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee. b) Changes to authorization. If an authorization under paragraph a) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph a) of this section must be submitted to the Division, prior to or together with any reports, information, or applications to be signed by an authorized representative. c) Certification. Any person signing a document under paragraph a) of this section shall make the following certification: "1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 2. Retention of Records a) The permittee shall retain copies of the SWMP and all reports required by this permit and records of all data used to complete the application to be covered by this permit, for a period of at least three years from the date that the site is finally stabilized. b) The permittee shall retain a copy of the SWMP required by this permit at the construction site from the date of project initiation to the date of final stabilization, unless another Location, specified by the permittee, is approved by the Division. PART 11 A. MANAGEMENT REQUIREMENTS 1. Change in Discharge The permittee shall inform the Division (Permits Unit) in writing of any intent to significantly change activities from those indicated in the permit application (this does not include changes to the SWMP). Upon request, the perrnittee shall furnish the Division with such plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. The SWMP shall be updated within 30 days of the changes. The permittee shall submit this notice to the Division within two weeks after making a determination to perform the type of activity referred to in the preceding paragraph. Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 2. Special Notifications - Definitions a) Spill: An unintentional release of solid or liquid material which may cause pollution of state waters. b) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. PART II Page 13 Permit No. COR -030000 A. MANAGEMENT REQUIREMENTS (cont.) 3. Noncompliance Notification a) If, for any reason, the permittee does not comply with or will be unable to comply with any permit limitations, standards or permit requirements specified in this permit, the permittee shall, at a minimum, provide the Water QualityCon 1) A description of the discharge and cause of noncompliance; 2) The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge will return to compliance; and 3) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge. b) The permittee shall report the following instances of noncompliance orally within twenty-four (24) hours from the time the permittee becomes aware of the noncompliance, and shall mail to the Division a written report within five (5) days after becoming aware of the noncompliance (unless otherwise specified by the Division): 1) Any instance of noncompliance which may endanger health or the environment; 2) Any spill or discharge of oil or other substance which may cause pollution of the waters of the state. c) The permittee shall report all other instances of non-compliance to the Division within 30 days. The reports shall contain the information listed in sub -paragraph (a) of this section. 4. Submission of Incorrect or Incomplete Information Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or report to the Division, the permittee shall promptly submit the relevant application information which was not submitted or any additional information needed to correct any erroneous information previously submitted. 5. Bypass The bypass of treatment facilities is generally prohibited. 6. Upsets a) Effect of an Upset An upset constitutes an affirmative defense to an action brought for noncompliance with permit limitations and requirements if the requirements of paragraph b of this section are met. (No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review.) b) Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: 1) An upset occurred and that the pernrittee can identify the specific cause(s) of the upset; 2) The pemtitted facility was at the time being properly operated; 3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and PART II Page 14 Permit No. COR -030000 A. MANAGEMENT REQUIREMENTS (cont.) 4) The permittee complied with any remedial measures required under Section 122.7(4) of the federal regulations. c) Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 7. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. 8. Minimization of Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 9. Reduction, Loss, or Failure of Treatment Facility The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements. Upon reduction, loss, or failure of the treatment facility, the pennittee shall, to the extent necessary to maintain compliance with its permit, control production, or all discharges, or both until the facility is restored or an alternative method of treatment is provided. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this pennit. 10. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. B. RESPONSIBILITIES I. Inspections and Right to Entry The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator, and/or their authorized representative, upon the presentation of credentials: a) To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b) At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and c) To enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing permittee staff on alleged violations, and access to any and all facilities or areas within the permittee's premises that may have any effect on the discharge, permit, or alleged violation. B. RESPONSIBILITIES (cont.) PART II Page 15 Permit No. COR -030000 2. Duty to Provide Information The permittee shall furnish to the Division, within a reasonable time, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or inactivating coverage under this permit, or to derem�e compliance with dui permit. The pcaniltee shall 4 S fwv;3h tV tlIC 11 '14444 upvancgdc3l, cop;w of neords required to be kept by this permit. 3. Transfer of Ownership or Control Certification under this permit may be transferred to a new permittee if: a) The current permittee notifies the Division in writing when the transfer is desired; and b) The notice includes a written agreement between the existing and new pennittees containing a specific date for transfer of permit responsibility, coverage and liability between them; and c) The current permittee has met all fee requirements of the State Discharge Permit System Regulations, Section 61.15. 4. Modification, Suspension, or Revocation of Permit By Division All permit modification, inactivation or revocation and reissuance actions shall be subject to the requirements of the State Discharge Permit System Regulations, Sections 61.5(2), 61.5(3), 61.7 and 61.15, 5 C.C.R. 1002-61, except for minor modifications. a) This permit, and certification under this permit, may be modified, suspended, or revoked in whole or in part during its term for reasons determined by the Division including, but not limited to, the following: 1) Violation of any terms or conditions of the permit; 2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit; 3) Materially false or inaccurate statements or information in the application for the permit; 4) Promulgation of toxic effluent standards or prohibitions (including any schedule of compliance specified in such effluent standard or prohibition) which are established under Section 307 of the Clean Water Act, where such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit. b) This permit, or certification under this permit, may be modified in whole or in part due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: 1) Promulgation of Water Quality Standards applicable to waters affected by the permitted discharge; or 2) Effluent limitations or other requirements applicable pursuant to the State Act or federal requirements; or 3) Control regulations promulgated; or 4) Data submitted pursuant to Part I.B or Part I.C.1 indicates a potential for violation of adopted Water Quality Standards or stream classifications. PART II Page 16 Permit No. COR -030000 B. RESPONSIBILITIES (cont.) c) This permit, or certification under this permit, may be modified in whole or in part to include new effluent limitations and other appropriate conditions where data submitted pursuant to Part I indicates that such effluent limitations and conditions are necessary to ensure compliance with applicable water quality standards and protection of classified uses. d) At the request of the permittee, the Division may modify or inactivate certification under this permit if the following conditions are met: 1) In the case of inactivation, the permittee notifies the Division of its intent to inactivate the certification, and certifies that the site has been finally stabilized; 2) In the case of inactivation, the permittee has ceased any and all discharges to state waters and demonstrates to the Division there is no probability of further uncontrolled discharge(s) which may affect waters of the State. 3) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modification, amendment or inactivation; 4) Fee requirements of Section 61.15 of State Discharge Permit System Regulations have been met; and 5) Requirements of public notice have been met. For small construction sites covered by a Qualifying Local Program, coverage under this permit is automatically terminated when a site has been finally stabilized. 5. Permit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. Dischargers of stormwater associated with industrial activity, as defined in the EPA Stormwater Regulation (40 CFR 122.26(b)(14), which do not obtain coverage under this or other Colorado general permits, or under an individual CDPS permit regulating industrial stormwater, will be in violation of the federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101. Failure to comply with CDPS permit requirements will also constitute a violation. Civil penalties for such violations may be up to $10,000 per day, and criminal pollution of state waters is punishable by fines of up to $25,000 per day. 6. Legal Responsibilities The issuance of this permit does not convey any property or water rights in either real or personal property, or stream flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 (Oil and Hazardous Substance Liability) of the Clean Water Act. 7. Severability The provisions of this permit are severable. If any provisions of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. PART II Page 17 Permit No. COR -030000 B. RESPONSIBILITIES (cont.) 8. Renewal Anplication If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least ninety (90) days before this permit expires. If the permittee anticipates that there will be no discharge after the expiration date of this pe t, the Division should be prumptly uutificd so dmt it pan um, Iva the Ica KM m M.3.01 41.11.,V .lith Pad II.B.4.d. 9. Confidentiality Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Regulations for the State Discharge Permit System 61.5(4), all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. The pertittee must state what is confidential at the time of submittal. Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has been declared confidential by the permittee, and which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the Commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this section shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent data. 10. Fees The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended. 11. Requiring an Individual CDPS Permit The Director may require any owner or operator covered under this permit to apply for and obtain an individual CDPS permit if: a) The discharger is not in compliance with the conditions of this general permit; b) Conditions or standards have changed so that the discharge no longer qualifies for a general permit; or c) Data become available which indicate water quality standards may be violated. The owner or operator must be notified in writing that an application for an individual CDPS permit is required. When an individual CDPS permit is issued to an owner or operator otherwise covered under this General Permit, the applicability of the general permit to that owner or operator is automatically inactivated upon the effective date of the individual CDPS permit. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Water Quality Control Division WQCD-P-B2 '0 Cherry Creek Drive South —enver, Colorado 80246-1530 I. INTRODUCTION RATIONALE STORMWATER DISCHARGES ASSOCIATED WITH CONSIRULJIUIV ALriphY GENERAL PERMIT IN COLORADO SECOND RENEWAL COLORADO DISCHARGE PERMIT NUMBER COR -030000 CONTENTS PAGE I Introduction 1 Background 2 Stormwater Discharges Associated with Construction Activity 3 IV. Coverage Under this Permit 4 V. Application and Certification 4 VI. Qualifying Local Programs 4 VII. Terms and Conditions of Permit 5 VI/I. Changes Made After Public Notice 7 This permit is for the regulation ofstormwater runofffrom construction activities. The term "construction activity" includes clearing, grading and excavation operations. "Stormwater" is precipitation-inducedsurface runoff This Rationale will explain the background of the Stormwater program, activities which are covered under this permit, how to apply for coverage under this permit, and the requirements of this permit. The forms discussed in the Rationale and Permit are available on the Division's website at: http://www.cdphestate.co.usAviypermitsunit/wqcdpmt.html A. Changes in this General Permit Several notable changes from the previous General Permit for Construction Activities have been incorporated into this permit. Most of the changes are related to the Phase II revision to the stormwater regulation in the Colorado Discharge Permit System Regulations (SCCR 1002-61), effective March 2, 2001. Significant changes are listed below: 1. Permit coverage is now required for construction sites that disturb 1 to 5 acres (i.e., small construction activities). Allowances have been made for small construction activities to comply with the requirements of a Division -approved Qualifying Local Program (refer to section VI below for a discussion of Qualifying Local Programs) in place of many specific requirements in the Permit, including requirements to submit an application, inactivation notice, and fees to the Division. Refer to Part LA.3 of the Permit and section VILA of the Rationale for more details. 2. The requirements to submit with the application the Township, Range, section and quarter section of a site and a list of any other environmental permits for the site have been removed. 3. Inactivation requirements have been changed to allow small construction activities that submit applications indicating a completion date 12 months or less from the start of construction activity to be authorized for a predetermined periodfrom 3 to 12 months. The permit certification will include the automatic expiration date for permit coverage. This expiration date will be in place of the requirement to submit an Inactivation Notice. If permit coverage beyond the expiration date is needed (i.e., the site has not been finally stabilized), the permittee must submit an extension request form to the Division at least 10 days prior to the expiration. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 2. Permit No. COR -030000 1. INTRODUCTION (cont) 4. The Rationale discussion on the Exemptions for Small Municipalities (Section IILB) has been changed to include the March 10, 2003 deadline for permit coverage for municipally -owned industries. This did not involve any changes to the permit. II. BACKGROUND As required under the Clean Water Act amendments of 1987, the Environmental Protection Agency (EPA) has established a framework for regulating municipal and industrial stonnwater discharges. This framework is under the National Pollutant Discharge Elimination System (NPDES) program (Note: The Colorado program is referred to as the Colorado Discharge Permit System, or CDPS, instead of NPDES). The Water Quality Control Division ("the Division') has stormwater regulations (5CCR 1002-61) in place. These regulations require specific types of industrial facilities that discharge stormwater associated with industrial activity (industrial stormwater), to obtain a CDPS permit for such discharge. The regulations specifically include construction activities that disturb one acre of land or more as industrial facilities. Construction activities that are part of a larger common plan of development which disturb one acre or more over a period of time are also included. A. General Permits The Water Quality Control Division ("the Division') has determined that the use of general permits is the appropriate procedure for handling the thousands of industrial stormwater applications within the State. B. Permit Requirements This permit does not require submission of effluent monitoring data in the permit application or in the permit itself. It is believed that a fully implemented Stormwater Management Plan (SWMP) should be sufficient to control water quality impacts. The permit requires dischargers to control and eliminate the sources of pollutants in stormwater through the development and implementation of a SWMP. The plan must include Best Management Practices (BMPs), which will include pollution prevention and source reduction measures. This will constitute BAT and BCT and should achieve compliance with water quality standards. The narrative permit requirements include prohibitions against discharges of non-stonnwater (e.g., process water). Refer to Part I. C.2 of the permit. In addition, as a condition of this permit, the permittee is required to pay the annual fee as described in the Water Quality Control Act. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action as discussed below. Permittees will be billed for the initial permit fee within a few weeks ofpermit issuance. Some construction activities may be required to comply with a Quaking Local Program in place of meeting several of the specific requirements in this permit. Sites covered by a Qualifying Local Program may not be required to submit an application for coverage or a notice of inactivation and may not be required to pay the annual fee. Refer to Section VILA of the Rationale for further information. C. Violations/Penalties Dischargers of stormwater associated with industrial activity, as defined in the Regulations for the State Discharge Permit System (5CCR 1002-61), which do not obtain coverage under this or other Colorado general permits, or under an individual CDPS permit regulating industrial stormwater, will be in violation of the Federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101. For facilities covered under a COPS permit, failure to comply with any CDPS permit requirement constitutes a violation. Civil penalties for violations of the Act or CDPS permit requirements may be up to $10,000 per day. Criminal pollution of state waters is punishable by fines of up to $25,000 per day. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 3. Permit No. COR -030000 111.. STORMWATER DISCHARGESASSOCIATED WITH CONSTRUCTION ACTIVITY The Stormwater regulations require that stormwater discharges associated with certain industrial activities be covered under the permit program. Construction activity that disturbs one acre or more during the life of the project is specifically included in the listed industrial activities. A. Construction Activity Construction activity includes clearing, grading and excavation activities. Construction does not include routine maintenance performed by public agencies, or their agents to maintain original line and grade, hydraulic capacity, or original purpose of the facility. Definitions of additional terms can be found in Part ID of the Permit. Stormwater discharges from construction activity require permit coverage, except for operations that result in the disturbance of less than one acre of total land area which are not part ofa larger common plan of development or sale. A larger common plan of development or sale is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. B. Times of Activities Covered This permit is intended to cover most new or existing discharges composed entirely of stormwater from construction activities that are required by State regulation to obtain a permit. This includes stormwater discharges associated with areas that are dedicated to producing earthen materials, such as soils, sand, and gravel, for use at a single construction site. These areas may be located at the construction site or at some other location. This. permit does not authorize the discharge of mine water or process water from such areas. This permit also includes stormwater discharges associated with dedicated asphalt plants and concrete plants located at the construction sites. C. Types of Activities NOT Covered This permit does not cover stonnwater discharged from construction sites that is mixed with stormwater from other types of industrial activities, or process water of any kind. Other types of industrial activities that require stormwater discharge permits pursuant to different sections of the regulations (Regulation 5 CCR 1002-61, Section 61.2(e)(iii)(A-I, K)f, are not covered by this permit. This permit also does not cover the discharge of process water. If the construction activity encounters groundwater, a Construction Dewatering Discharge Permit (Permit Number COG -070000) must also be obtained in order to discharge this groundwater from the excavation site. An application for this permit can be obtained from the Division at the address listed in Part I.A.4.a of the Permit. D. Exemptions for Small Municipalities The Intermodal Surface Transportation Efficiency Act of 1991 (Section 1068(c)) added an exemption to the stormwater regulations for municipalities with less than 100,000 population. The term "municipality" includes cities, towns, counties, special districts or any entity created by or pursuant to State law. Stormwater discharges associated with construction activity for facilities or sites that are owned or operated by a small municipality are not required to apply for or obtain a stormwater permit until March 10, 2003. (Note: This exemption does not apply to other, privately owned construction sites within the same small municipality.) COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 4. Permit No. COR -030000 IV. COVERAGE UNDER THIS GENERAL PERMIT Under this general permit, operators of stormwater discharges associated with construction activity may be granted authorization to discharge stormwater into waters of the State of Colorado. This includes stormwater discharges associated with industrial activity from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction site, and dedicated asphalt plants and dedicated concrete plants. This permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. Authorization to discharge under the permit requires submittal ofa completed application form and a certification that the SWMP is complete, unless the site is covered by a Qualifying Local Program. Upon receipt of all required information, the Division may allow or disallow coverage under the general permit. V. APPLICATION AND CERTIFICATION At least ten days prior to the commencement of construction activities (Le.; the initial disturbance of soils associated with clearing, grading, excavation activities, installation of structural BMPS, or other activities), the operator of the construction site shall submit an original completed application which includes the signed certification that the SWMP is complete. In order to avoid confusion during processing, original signatures are required for the application to be considered complete. For small construction sites only, if the site is covered by a Qual(ing Local Program (see below), submittal of an application is not required. For the purpose of this permit, the "operator" is the person who has day-to-day control over the project. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. At different times of a construction project, different types of parties may satisfy the definition of 'operator' and the certification may be transferred as roles change. - (Note - Under the Federal regulations, this application process is referred to as a Notice of Intent, or NOI. For internal consistency with its current program, the Division will continue to use the term "application.') An outline of the permit application requirements is found in the permit at Part IA.4.b. If this general permit is applicable, then a certification will be developed and the applicant will be certified under this general permit. VI. QUALIFYING LOCAL PROGRAMS For stormwater discharges associated with small construction activity (i.e., one to five acre sites), the permit includes conditions that incorporate approved qualibing local erosion and sediment control program (Qualifying Local Program) requirements by reference. A Qualifying Local Program is a municipal stormwater program for stormwater discharges associated with small construction activity that has been formally approved by the Division. The requirements for Qualifying Local Programs are outlined in Part 61.8(12) of the Colorado Discharger Permit System Regulations (also see the Division's "Qualifying Local Programs for Small Construction Sites - Application Guidance"). Such programs must impose requirements to protect water quality that are at least as strict as those required in this permit. A. Approval Termination: A Qualifying Local Program may be terminated by either the Division or the municipality. Upon termination of Division approval ofa Qualifying Local Program, any small construction activity required to obtain permit coverage under Section 61.3(2)(h) of the State Discharge Permit System Regulations shall submit an application form as provided by the Division, with a certification that the Stormwater Management Plan (SWMP) is complete as required by Part 1.A.4 of the Permit, within 30 days. B Approval Expiration: Division approval ofa Qualifying Local Program will expire with this general permit on June 30, 2007. Any municipality desiring to continue Division approval of their program must reapply by March 31, 2007. The Division will determine If the program may continue as a approved Qualifying Local Program. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 5. Permit No. COR -030000 VIL TERMS AND CONDITIONS OF PERMIT A. Coverage under a Oualifvin2 Local Program — For Small Construction Sites Only For small construction sites (disturbing less than 5 acres) covered under a Qualifying Local Program (see Section VI obovP),nnly tannin permit requirements apply. as outlined below. The locgjprogram must have been formally designated by the Division to qualify. Most municipalities have some type of local program and may require permits and fees. However, simply having a program in place does not necessarily mean that it is a qualifying program and that a State permit is not required. The local municipality will be responsible for notifying operators and/or owners that they are covered by a Qualifying Local Program. A list of municipalities with Qual(fying Local Programs is also available at http://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html. The Division reserves the right to require any owner or operator within the jurisdiction of a Qualifying Local Program covered under this permit to apply for and obtain coverage under the full requirements of this permit. 1. Permit Coverage: If a construction site is within the jurisdiction of a Qual fying Local Program, the operator of the construction activity is authorized to discharge stormwater associated with small construction activity under this general permit without the submittal of an application to the Division. The permittee also is not required to submit an inactivation notice or payment of an annual fee to the Division. 2. Permit Terms and Conditions: The permittee covered by a Qualifying Local Program must comply with the requirements of that Qualifying Local Program . In addition, the following permit sections are applicable: i. 1.A.1, 1.A.2, and 1.A.3: Authorization to discharge and discussion of coverage under the permit. ii. LC.1: General limitations that must be met in addition to local requirements. iii. LC.2, I.C.3: Prohibition of non-stormwater discharges unless addressed in a separate CDPS permit, and requirements related to releases of reportable quantities. iv. ID: Additional definitions. v. Part 11 (except for Parts II.A.I,11.8.3,11.B.8, and 11.810): Specifically includes, but is not limited to, provisions applicable in the case of noncompliance with permit requirement, and requirements to provide information and access. B. Stormwater Management Plans (SWMPs) Prior to commencement of construction, a stormwater management plan (SWMP) shall be developed and implemented for each facility covered by this permit. A certification that the SWMP is complete must be submitted with the permit application. The SWMP shall identify potential sources of pollution (including sediment) which may reasonably be expected to affect the quality of stormwater discharges associated with construction act'vityfrom the facility. In addition, the plan shall describe the best management practice (BMPs) which will be used to reduce the pollutants in stormwater discharges from the construction site. Facilities must implement the provisions of their SWMP as a condition of this permit. The SWMP shall include the following items: 1. Site Description 2. Site Map 3. BMPs for Stormwater Pollution Prevention 4. Longterm Stormwater Management 5. Other Controls 6. Inspection and Maintenance 7. Signatory Requirements and Availability 8. SWMP Review/Changes (See Part I.B. of the permit for a more detailed description of SWMP requirements) COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 6. Permit No. COR -030000 VII. TERMS AND CONDITIONS OF PERMIT (cont) C. Monitoring Sampling and testing of stormwater for specific parameters is not required on a routine basis under this permit. However, the Division reserves the right to require sampling and testing on a case-by-case basis, in the event that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the effluent. D. Facility Inspections Active construction sites must inspect their stormwater management controls at least every 14 days and after any precipitation or snowmelt event that causes surface erosion. At sites where construction has been completed but a vegetative cover has not been established, these inspections must occur at least once per month. At sites where winter conditions exist, inspections are not required during the period that Me winter conditions exist. For all of these inspections, records must be kept on file. Refer to the permit at Part 1.C.5 for detailed requirements of these inspections. E. Revision ofSWMP Based on the results of the inspections (see D. above), the description of potential pollutant sources and the pollution prevention and control measures, identified in the SWMP, and the control measures themselves, shall be revised and modified as appropriate as soon as practicable after such inspection. Modification of control measures shall be implemented in a timely manner, but in no case more than 7 calendar days after the inspection. F. Reporting The inspection record shall be made available to the Division upon request. Regular submittal of an annual report is not required in this permit. G. Annual Fee The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Permittees will be billed for the initial permit fee within a few weeks of permit issuance and then annually, based on a July 1 through June 30 billing cycle. For small construction activities, if application was made for coverage with a completion date 12 months or less from the start of construction activity, a fee will be assessed based on the estimated number of calendar quarters the site is active. Projects going beyond that time will be billed the standard annual fee. H. Inactivation Notice When a site has been finally stabilized in accordance with the SWMP, the operator of the facility shall submit an Inactivation Notice that is signed in accordance with Part IE.] of the permit. The content of the Inactivation Notice is described in Part I.A.6 of the permit. A copy of the Inactivation Notice form will be mailed to the permittee along with the permit certification. Additional copies are available from the Division. An exception to the requirement to submit an inactivation has been included in the renewed permit for Small Construction Sites that will be finally stabilized within 12 months of the beginning of construction activities. In such cases, the permit certification will indicate the automatic expiration date. If permit coverage is needed beyond that date, an extension request form must be submitted to the Division at least 10 days prior to the expiration date. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 7. Permit No. COR -030000 TERMS AND CONDITIONS OF PERMIT (cont) 1. Transfer of Permit When responsibility for stonnwater discharges at a construction site changes from one individual to another, the permit sh 11 b tr r Jarred in arcordanro with Part t A 7 of the permit The Nntice of Transfer form will be mailed to the permittee along with the permit certification. Additional copies are availablefom the Division. If the new responsible party will not complete the transfer form, the permit may be inactivated if the permittee has no legal responsibility, through ownership or contract, for the construction activities at the site. In this case, the new operator would be required to obtain permit coverage separately. J. Duration of Permit The general permit will expire on June 30, 2007. The permittee's authority to discharge under this permit is approved until the expiration date of the general permit. Any permittee desiring continued coverage under the general permit must apply for recertification under the general permit at least 90 days prior to its expiration date. Nathan Moore March 11, 2002 VII CHANGES MADE AFTER PUBLIC NOTICE Several comments were received from the Environmental Protection Agency (EPA). Changes based on these comments and additional internal review are discussed below: A. The EPA commented that language needs to be added to the permit addressing the certification requirements for inspection reports. Part 1.E.1 of the Permit requires that all reports submitted to the Division include specific certification language. Because site inspections required by Part I.CS of the permit are not submitted to the Division, they are not covered under Part 1. C.S of the Permit or Regulation 5 CCR 1002-61, Section 61.4(1)(/3, which require specific certification language. However, Regulation 5 CCR 1002-61, Section 61.8(4)(o)(ii)(B) does require that the permittee maintain a record summarizing the inspections that includes a certification that the site in compliance with the plan and the permit. Therefore, language has been added to Part I.C.5 of the Permit, requiring that a signed statement be included with all records of inspection on the status of compliance at the site. B. The EPA recommended that the Permit and Rationale be changed to indicate that the application is due ten days prior to the commencement of construction activities, instead of prior to the anticipated date of discharge. The Division agrees that this wording is preferable and more accurately indicates the Division's existing interpretation of the regulations. These changes have been made. C. The EPA expressed concern with requiring a permittee to transfer permit coverage in cases where the new responsible party may not be cooperative. Language has been added to the Permit and Rationale clarifying that termination of permit coverage is allowed when the permittee no longer has any legal responsibility through ownership or contract for the construction activity. D. The EPA commented on the lack of a definition for the terms "receiving water" and "ultimate receiving water". A definition has been added to the Permit, and the term "ultimate receiving water" clarified to indicate that it means the first named receiving water, if the discharge initially goes to an unnamed ditch or stonn sewer. Nathan Moore May 15, 2002 CDPHE Construction Air Permit Number 06GA0204 STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: 06GA0204 INITIAL APPROVAL DATE ISSUED: APRIL 25, 2006 LSSUEDTO: CHEVRON USA, INC. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Natural gas gathering facility, known as the Piceance Field, located in located in the southeast quarter of the southwest quarter of Section 36, Townships South, Range 98 West, in Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One (1) Caterpillar G3212LE, Serial Number 4KC119, site -rated at 884 HP, four-cycle standard lean -burn, natural gas fired, internal combustion reciprocating engine. This emission unit powers a natural gas compressor. Stack number 3001. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et sea), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall 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. 1, Section II.A.1. & 4.) 2. The permit number shall be marked on the subject equipment for ease of identification. (Reference: Regulation Number 3, Part B, III.E.) (State only enforceable) 3. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation No. 3, Part 8, II.A.4) Nitrogen Oxides: 12.8 tons per year Volatile Organic Compounds. 4.3 tons per year Carbon Monoxide: 16.2 tons per year 4. This source shall be limited to a maximum consumption rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B, II.A.4) Consumption of natural gas as fuel shall not exceed 57.23 million scf per year. Based on a fuel heating value of 1000 Btu/scf 5. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part A, II.C) a. Annually whenever a significant increase in emissions occurs as follows: AIRS ID: 045/10331001 Page 1 of 4 Chevron USA, Inc. Permit No. 06GA0204 INITIAL APPROVAL Colorado Department of Public Health and Environment Air Pollution Control Division For any criteria pollutant: For sources emitting less than 100 tons per year, a change in actual emissions of five (5) tons per year or more, above the level reported on the last APEN; or For any non -criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, 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. 6. Within one hundred and eighty days (180) after commencement of operation, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self -certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit. 7. This permit shall expire if the owner or operator of the source for which this permit was issued: (i) does not commence construction/modification or operation of this source within 18 months after either, the date of issuance of this initial approval 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) discontinues construction for a period of eighteen months or more; (iii) does not complete construction within a reasonable time of the estimated completion date(See General Condition No. 6., Item 1.). The Division may grant extensions of the deadline per Regulation No. 3, Part B, IH.F.4.b. (Reference: Regulation No. 3, Part B, III.F.4.) By: ue Parish, P.E. Permit Engineer By: I/n„v J RK Hancock III, .E Unit Leader 2 AIRS ID: 045/1033/001 Page 2 of 4 Chevron USA, Inc. Permit No. 06GA0204 INITIAL APPROVAL Colorado Department of Public Health and Environment Air Pollution Control Division Notes to Permit Holder: 1) The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee 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 submitted with a request for a permit revision. 2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Upset Conditions and Breakdowns. The permittee shall notify the Division of any upset condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than two (2) hours after the start of the next working day, followed by written notice to the Division explaining the cause of the occurrence and that proper action has been or is being taken to correct the conditions causing said violation and to prevent such excess emission in the future. 3) The following emissions of non -criteria reportable air pollutants are estimated based upon the horsepower as indicated in this permit. This information is listed to inform the operator of the Division's analysis of the specific compounds. This information is listed on the Division's emission inventory system. C.A.S. # SUBSTANCE 50-00-0 Formaldehyde 3024.3 71-43-2 Benzene 74.5 75-07-0 Acetaldehyde 478.8 107-024 Acrolein 294.4 EMISSIONS [LB/YRI 4) The emission levels contained in this permit are based on the following emission factors: Nitrogen Oxides: 1.5 grams per horsepower -hour Volatile Organic Compounds. 0.5 grams per horsepower -hour Carbon Monoxide. 1.9 grams per horsepower -hour Formaldehyde 0.1772 grams per horsepower -hour Benzene 0.0044 grams per horsepower -hour Acetaldehyde 0.0281 grams per horsepower -hour Acrolein 0.0173 grams per horsepower -hour 5) In accordance with C.R.S. 25-7-114.1, the Air Pollutant Emission Notice (APEN) associated with this permit is valid for a term of five years. The five-year term for this APEN expires on March 7, 2011. A revised APEN shall be submitted no later than 30 days before the five-year term expires. 6) This emission unit is classified as r Minor source At a: Minor facility AIRS ID: 045/1033/001 Page 3 of 4 Chevron USA, Inc. Permit No. 06GA0204 INITIAL APPROVAL Colorado Department of Public Health and Environment Air Pollution Control Division GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6,7 AND 8) 1. This permit is issued in reliance upon the accuracyand completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicants agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source that is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section II.B upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section III.G. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction fora period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is aviolation of Section 25-7-114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section III.G.1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in condition 5. 8. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S AIRS ID: 045/1033/001 Page 4 of 4 CDPHE Construction Air Permit for Land Development Submitted 9/2006 Colorado Department of Public Health and Environment Page 1 of 3 Air Pollution Control Division - LAND DEVELOPMENT - Air Pollutant Emission Notice (APEN) — and — Application for Construction Permit ® New Facility 0 Transfer of Ownership * 0 Change in Production 0 No Change (APEN Update Only) All sections of this APEN and application must be completed prior to submittal to the Division for both new and existing facilities. An application with missing information may be determined incomplete and may result in longer engineer processing times. * Note: For transfer of ownership or company name change of a permit, you must also submit a Construction Permit Application form. Permit Number AIRS Number Company Name: Billing Address: Person to Contact: Email Address: Chevron USA, Inc. 826 21 '/2 Road Grand Junction, Colorado Attn: Sean Norris Zip Code: 81505 Sean Norris Phone Number: (970) 263-7800 SeanNorris@cordcomp.com Fax Number: (970) 263-7456 Please provide description of the activity: (Also, please provide a site map) Chevron plans to construct an 8 -inch diameter natural gas pipeline for a distance of 625 miles starting in the SW 1/4 of the SW 1/4 of Section 28 Township 6 South, Range 98 West and ending at the SE 1/4 of the SW 1/4 of Section 36, Township 5 South, Range 98 West in Garfield County Colorado. Pipeline construction surface disturbance width is approximately 50 feet, site map attached. Project Name & Location: County: Garfield Chevron 8 -inch Valley Pipeline Total area of land in project: Section: See note Township: 5 & 6 South Range: 98 West 38 Acres Date earthmoving will — Commence: November 1, 2006 Stop: March 1, 2007 Total area subject to earthmoving: Total disturbed area at any one time: Area to be paved (roads, parking lots): Date paving will be completed: 38 38 None NA Estimated time to complete entire project (includes buildings) List any known or suspected contaminates in the soil: None Acres Acres Acres 120 days Brief description of how the project development will occur (attach an additional page if necessary): Note: Chevron has proposed the construction of an 8 -inch natural gas pipeline beginning in the SW1/4SW1/4 of Section 28 Township 6 South, Range 98 West of the Sixth Principal Meridian, Garfield County, Colorado, running east for approximately two miles across the N1/2 of Section 28 and the N1/2 of Section 27, then turning north and running for approximately one and one-half miles north into the S1/2 of Section 22, then turning slightly to run north northwest for approximately two and three-quarter miles through Sections 15, 10, 9 and 4, then ending at the proposed 36-1 compressor station in the SE1/4SW1/4 of Section 36 Township 5 South, Range 98 West of the Sixth Principal Meridian, Garfield County, Colorado. The total length of the pipeline is six and one-quarter miles. The pipeline right-of- way is expected to be less than fifty feet wide and the entire right-of-way will be reclaimed upon completion. CDPHE has granted initial approval of the compressor station with permit No. 06GA0204. Revised September 2004 http://www.cdphe.state.co.us/ap/stationarv.asp Colorado Department of Public Health and Environment Page 2 of 3 Air Pollution Control Division - LAND DEVELOPMENT - FUGITIVE DUST CONTROL PLAN FOR LAND DEVELOPMENT (This must be submitted with the Air Pollutant Emission Notice -and -Application for Emission Permit) Regulation No. 1 requires that a fugitive dust control plan be submitted by applicants whose source / activity results in fugitive dust emissions. The control plan must enable the source to minimize emissions of fugitive dust to a level that is technologically feasible and economically reasonable. If the control plan is not adequate in minimizing emissions a revised control plan may be required. The control plan (if acceptable to the Division) will be used for enforcement purposes on the sources. Please check the dust control measures which you propose for your activity. The Division will enforce the control measures checked. Use separate sheets if more space is needed. Also note items with an asterisk (*). This indicates those measures which will probably be required. I. Control of Unpaved Roads on Site i Watering ❑ Frequent (Watering Frequency of 2 or More Times Per Day) x❑ As Needed ❑ Application of Chemical Stabilizer ❑x Vehicle Speed Control Speeds limited to 30 mph maximum. Speed limit signs must be posted. (Generally 30 mph is maximum approvable speed on site.) ❑ Gravelling II. Control of Disturbed Surface Areas on Site ❑ Watering 0 Frequent (Watering Frequency of 2 or More Times Per Day) ® As Needed ❑ Application of Chemical Stabilizer ❑ Vehicle Speed Control Speeds Limited To MPH Maximum. Speed Limit Signs Must Be Posted. x❑ Revegetation Revegetation Must Occur Within One Year Of Soil Disturbance O Seeding with mulch x❑ Seeding without mulch ❑ Furrows at right angle to prevailing wind Depth of furrows Inches (must be greater than 6") ❑ Compaction Of Disturbed Soil On A Daily Basis To Within 90 % Of Maximum Compaction (As determined by a Proctor Test). ❑ Foundation areas only; or ❑ All disturbed soil. ❑x Wind Breaks Type: Excavated soil (Example: Snow Fence, Silt Fence, etc.) ❑ Synthetic Or Natural Cover For Steep Slopes. Type: (Netting, Mulching, etc.) Revised September 2004 http://www.cdphe.state.co.us/ap/stationary.asp Colorado Department of Public Health and Environment Air Pollution Control Division - LAND DEVELOPMENT - III. Prevention Of Mud And Dirt Carried Out Onto Paved Surfaces. x❑ Prevention ❑ Gravel Entry Ways ❑ Washing Vehicle Wheels ® Other: See note below 0 Cleanup of Paved Areas Frequency: Times Per Day ❑ Street Sweeper ❑ Hose With Water ❑ Other: Additional Sources of Emissions List any other sources of emissions or control methods Compaction of soil in the trench after the pipeline has been backfilled. Note: Garfield County and BLM unpaved roads will provide access to the project site. Because the project site is several miles from a paved road, mud and dirt carried onto paved roads from construction vehicles is not expected. Signature of Legally Authorized Person (not a vendor or consultant) Date Sean Norris Environmental Specialist Name (please print) Title Check the appropriate box if you want: 0 Copy of the Preliminary Analysis conducted by the Division x❑ To review a draft of the permit prior to issuance (Checking any of these boxes may result in an increased fee and/or processing time) Send this form along with $119.96 to: Telephone: (303) 692-3150 Small Business Assistance Program (303) 692-3148 Small Business Ombudsman (303) 692-2135 Colorado Department of Public Health and Environment Air Pollution Control Division APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Revised September 2004 http://www.cdphe.state.co.us/ap/stationary.asp Colorado Department of Public Health & Environment Air Pollution Control Division NOTICE OF START-UP THIRTY -DAY PRIOR NOTICE REQUIRED OF ALL NEW SOURCES Even with a permit you cannot legally commence operation or conduct an activity for a new source until 30 days after you have notified the Division of the start-up date (Section 25-7-114.5(12)(a) of the Colorado Air Pollution Prevention and Control Act). In most cases, a permit is applied for and approved before the anticipated commencement date, so the 30 day prior notice causes no problems. Note: this forrn is not a Relocation Notice for portable sources. If, however you plan to commence your operation or activity as soon as you receive the permit, you should estimate the date you expect to commence (assuming the permit is approved) and fill out and return this form at least thirty days prior to that date. This will avoid a 30 -day delay between receipt of the permit and commencement. Notification can be accomplished by completing the form below and returning it to: Colorado Department of Public Health & Environment APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Please contact the Division immediately (303) 692-3150 if you have any questions or problems concerning this requirement. PERMIT NUMBER: AIRS (AFS) NUMBER: ADDRESS OR LOCATION: Clear Creek Road, Garfield County PROJECT DESCRIPTION: Chevron 8 -Inch Valley Pipeline, see the land development APEN for project details and location description (attached). Operation of the emission source(s) to which the above permit number has been assigned is expected to begin on November 1, 2006 and will be in full operation by March 1, 2007 Chevron USA, Inc. Sean Norris COMPANY APPLICANT'S NAME (PLEASE PRINT) Sean Norris PERSON TO CONTACT FOR VERIFICATION OF STARTUP DATE APPLICANT'S SIGNATURE (970) 279-7517 Environmental Specialist TELEPHONE NUMBER OF CONTACT PERSON POSITION OR TITLE DATE C:\APweb\Downloadforms\Revisedforms\NoticeStartup,doc Last Revised: 1/27/2005 US Army Corp of Engineers Drainage Crossing Permits Submitted 6/06; Granted 9/06 C0RDI LLERAN June 12, 2006 Mr. Mark Gilfillan U.S. Army Corps of Engineers 402 Rood Avenue, Room 142 Grand Junction, CO 81501-2563 826 21 % Road Grand Junction, CO 81505 T: 970.263.7800 F: 970.263.7456 Re: Submittal of Form 4345 for Chevron USA Pipeline Drainage Crossings Dear Mr. Gilfillan, Cordilleran Compliance Services, Inc. (Cordilleran) on behalf of Chevron USA, is submitting for your review, Application for Department of the Army Permit for 7 drainage crossings. The crossings access natural gas facilities in the Piceance Basin. This application is being submitted to comply with the Army Corps of Engineers Nationwide Permit application conditions for 7 drainage crossings of Clear Creek, Buck Gulch, Deer Park Gulch, and un -named tributaries, north of DeBeque, Colorado. Attached with this letter is the application form, a summary table, location map, and photographs. Please do not hesitate to contact me at the above referenced phone number or at billmonroe@cordcomp.com if you have any questions or concerns. Thank you for your attention to this matter. Sincerely, Cordilleran Compliance Services, Inc. William Monroe Project Geologist Enclosure cc: Doug Dennison, Occidental Oil & Gas, Inc. File Cordilleran Compliance Services, Inc. Grand Junction, CO • Denver, CO • Casper, WY • Laramie, WY• Lander, WY Environmental Consulting Engineers and Scientists JUN. 12. 2006 5:46PM NO. 352 P. 1 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003 (33 CFR 325) Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, Searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the couection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 22202-430Z; and to the Office of Management and Budget. Paperwork Reduction Project (0710-003), Washington. DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be Submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 40'1, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the United States; the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued_ One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the proposed activity. An a..lication that is not com.leted in full will be returned. ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED ITEMS BELOW TO BE FILLED BY APPLICANT 5. APPLICANT'S NAME Chris Bear, Chevron USA 9. AUTHORIZED AGENT'S NAME -& TITLE (an agent is not required) William Monroe, Cordilleran Compliance Services 6. APPLICANT'S ADDRESS 11111 S_ Wilcrest Houston, TX 77099 9. AGENT'S ADDRESS 826 21 1/2 Road Grand Junction, CO 81505 7. APPLICANT'S PHONE NUMBERS WITH AREA CODE a. Residence 832 4141195 b. Business 281 561 3918 10. AGENT'S PHONE NUMBERS WITH AREA CODE a. Residence 970 260 8726 b. Business 970 263 7800 11. STATEMENT OF AUTHORIZATION 1 hereby uthorize William Monroe to act in my behalf as my agent in the processing of this applic i nd to furn , upon request, supplemental information in support of this permit application. „,„e,---------(0//2// 2421'6APPLICANT'S SIGNATURE ATE , LOCATION, AND DESCRIPTI 12. PROJECT NAME OR TITLE (see instructions) Clear Creek Drainage Crossings (06/09/06) 13. NAME OF WATERBODY, IF KNOWN (if applicable) Clear Creek, Buck and Deer Park Gulches, tribs. 14. PROJECT STREET ADDRESS (if applicable) N/A 15. LOCATION OF PROJECT Garfield Co COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) see attached information on Excel spreadsheet. 17. DIRECTIONS TO THE SITE The site is located in the general area north of DeBeque, Colorado. See Figure 1. ENG FORM 4345 — ONLINE CESPK-CO-R JUN. 12.2006 5:46PM 18. NATURE OF ACTIVITY (Description of project, include an features) NO. 352 P. 2 Pipelines will be constructed to access Chevron natural gas facilities in the Piceance Basin. Buried crossings will be installed where the pipelines cross creek tributaries. The crossings will allow water passage at locations detailed in the attached Excel Spreadsheets, Field Sheets, and Maps. 19. PROJECT PURPOSE (Describe the reason or purpose of the project, see instructions) Pipelines will be constructed to provide access to Chevron production facilities. USE BLOCKS 20-22 IF DREDGED AND/OR FILL. MATERIAL IS TO BE DISCHARGED 20. REASON(S) FOR DISCHARGE Pipeline construction may temporarily insert fill into drainages. 21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS The material potentially placed in the drainages will be native fill generated by construction activities_ Native soil is comprised of silt, clay, sand and occasional gravel material. See attached Excel spreadsheet for estimated fill volumes. 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED (see instructions) See attached location maps and photographs. Pipeline construction (discharge) is performed with heavy equipment such as trenchers and backhoes. Sedimentation can be mitigated in the area with straw bales, silt fence, or other sediment control 2$. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES 0 NO 0 IF YES, DESCRIBE THE WORK See attached spreadsheet, field forms, location map, and photographs. 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC. WHOSE PROPERTY ADJOINS THE WATERBODY (If more than can be entered here, please attach a supplemental list) _ Land owners are indicated on the attached Excel spreadsheet. 26_ LIST OF OTHER CERTIFICATION$ OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED N/A * Would include but is not restricted to zoning, building and flood plainpermits. 26_ Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in thi application is complete and accurate, I further certify that I possess the authority to undertake the work described herein or am act 9 a; the dui authorized agent of the applicant. ��/ DATE $I NATURE DF AGENT DATE SIGNATURE OF APPLICANT The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 1$ U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and will fully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, factitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or ent , shall be fined not more than $10,000 or im•risoned not more than five ears or both. ENG FORM 4345 — ONLINE CESPK-CO-R Garfield County Utility Permit Check Off Forms Submitted 9/2006 1. Permit Owner: 2. Address: 3. City: Utility Permit Check Off Form Chevron U.S.A. 11111 S Wilcrest / PO Box 36366 Carbondale 81623 New Castle 81647 Parachute 81635 4. Phone No: Silt 81652 Other Glenwood 81601 Rifle 81650 Houston. TX 77099 281-561-3561 5. County Road No: Fax No: CR 211 6. Nearest Intersection or Address: 7. Distance from Int. or Address: 8. Direction from Int. or Address: N CR 211 and CR 204 3.2 miles 9. Type of Installation: 10. Sub Contractor: 11. Contact Person: 12. Address: 13. Phone No: 14. Job Number: 15. Open road cut: 16. Side of road: N 17. Road bore pits: 18. Road bore cased: x E S W Open cut Un -determined Chris Bear 11111 S Wilcrest / PO Box 36366 281-561-3561 Fax No: Road bore En S Wfl County right of way Yes Utility Trench Full road width Private property No x x 19. Road bore will be attempted 3 times before open road cut will be permitted or boring tool is stuck. Permit holder will be contact person -issuing permit for approval prior to cutting road surface. 20. Depth of installation: 21. Length of installation: Approximately 6 feet to maintain 5 feet of cover in road Full road width 22. Installations within County right of way over 1000 -feet in length require a survey, BOCC approval and an as -built upon completion of project. 23. Survey required before issuing permit: Yes 24. Type of backfill: Road base: x Flofill: No Excavated Material: x If backfill is road base or excavated material, backfill will be compacted to 95% with water to include shoulder, drainage ditches and pits used for road bore. All rocks 10 -inches or larger shall be removed from site. No wet or frozen material removed from excavation will be used for backfill. 25. Asphalt Replacement: Yes: No: x If yes asphalt will be 4 -inches Of hot compacted asphalt. Asphalt will be saw cut 2 -feet larger than excavation area. Replacement asphalt will be 1 -lane minimum width the size of the cut or full road width if cut crosses centerline of road. 26. Replacement of mag. chloride surface: Yes No x If yes person issuing permit will give specifications on replacement. T e length of road surface damaged by a utility installation will require replacement. This will include hauling of equipment and materials. 27. Certified traffic control required: 28. Work zone signage only required: 29. Person issuing Permit: 30. District permit issued in: 1 31. Date checklist completed: Yes Yes x No No x 2 ❑x 3 1. Permit Owner: 2. Address: 3. City: Utility Permit Check Off Form Chevron U.S.A. 11111 S Wilcrest / PO Box 36366 Carbondale 81623 New Castle 81647 Parachute 81635 4. Phone No: Silt 81652 Other Glenwood 81601 Rifle 81650 Houston. TX 77099 281-561-3561 5. County Road No: Fax No: CR 211 6. Nearest Intersection or Address: 7. Distance from Int. or Address: 8. Direction from Int. or Address: N CR 211 and CR 204 1.3 miles 9. Type of Installation: 10. Sub Contractor: 11. Contact Person: 12. Address: 13. Phone No: 14. Job Number: 15. Open road cut: 16. Side of road: N 17. Road bore pits: 18. Road bore cased: E ❑ S W Open cut Un -determined Chris Bear 11111 S Wilcrest / PO Box 36366 281-561-3561 Fax No: x Road bore E S W County right of way Yes Utility Trench Full road width Private property No x 19. Road bore will be attempted 3 times before open road cut will be permitted or boring tool is stuck. Permit holder will be contact person -issuing permit for approval prior to cutting road surface. 20. Depth of installation: 21. Length of installation: Approximately 6 feet to maintain 5 feet of cover in road Full road width 22. Installations within County right of way over 1000 -feet in length require a survey, BOCC approval and an as -built upon completion of project. 23. Survey required before issuing permit: Yes 24. Type of backfill: Road base: x Flofill: No Excavated Material: x If backfill is road base or excavated material, backfill will be compacted to 95% with water to include shoulder, drainage ditches and pits used for road bore. All rocks 10 -inches or larger shall be removed from site. No wet or frozen material removed from excavation will be used for backfill. 25. Asphalt Replacement: Yes: No: x If yes asphalt will be 4 -inches Of hot compacted asphalt. Asphalt will be saw cut 2 -feet larger than excavation area. Replacement asphalt will be 1 -lane minimum width the size of the cut or full road width if cut crosses centerline of road. 26. Replacement of mag. chloride surface: Yes No x If yes person issuing permit will give specifications on replacement. The length of road surface damaged by a utility installation will require replacement. This will include hauling of equipment and materials. 27. Certified traffic control required: 28. Work zone signage only required: 29. Person issuing Permit: 30. District permit issued in: 1 31. Date checklist completed: Yes Yes x No No x 2 3 CDPHE Minimal Discharge Industrial Wastewater Permit Expected Submission 10/2006 ATTACHMENT 5 — Surveys Class III Cultural Resource Inventory June 3, 2005 Prepared by: Carl E. Conner and Barbara J. Davenport Grand River Institute BLM Ref. No. 1105-06 Class III Cultural Resource Inventory Report for Two Proposed Pipeline Route Segments (8.50 miles) in the Clear Creels and Deer Park Areas of Garfield County, Colorado, for ChevronTexaco GRI Project No. 2533 3 June 2005 Prepared by Carl B. Conner and Barbara J. Davenport Grand River Institute P.O. Box 3543 Grand Junction, Colorado 81502 BLM Antiquities Permit No. C-52775 Submitted to Bureau of Land Management Grand Junction Field Office 2815 I -I Road Grand Junction, Colorado 81506 Abstract Grand River Institute (GRI) conducted a Class III cultural resources inventory of two proposed pipeline route segments in the Clear Creek and Deer Park areas of Garfield County, Colorado, for ChevronTexaco. These routes totals approximately 8.50 miles long, of which 6.85 miles are located on private lands and 1.65 miles are on Bureau of Land Management (BLM) administered property. A 200 -foot wide corridor was inspected for the pipeline routes, resulting in a survey of a total of 166 acres of private property and 40 acres of BLM land. The survey and report preparation were conducted by Carl E. Conner, Barbara J. Davenport, Nicole Darnell, Jim Conner and Dana Archuleta. A files search was completed on 19 May 2005, and the field inventory was carried out on May 31SI and June 1 s' of 2005. The inventory was undertaken to ensure the project's compliance with federal legislation governing the identification and protection of cultural resources. The purposes of this investigation were to identify resources within the project area likely to be affected by the proposed action, to evaluate these sites' eligibility for listing in the National Register of Historic Places (NRHP), and to make management recommendations for those sites found to be eligible or potentially eligible. The files search identified three historic sites within the project corridors. Two sites (5GF424 and 50F5425) are structures near the mouth of Clear Creek and one site is reportedly an historic race track (5GF351), all occurring on private property. The Roan Creek Community Center (5GF424), was revisited just last year for another project so a new reevaluation form was not completed for this site. The Roan Creek School House (5GF425) was previously field evaluated as eligible for listing on the NRNP. Site 5GF425 was reevaluated as "field not eligible" for listing on the NRNP. Site 5GF351, the historic race track, was previously field evaluated as need data. With this revisit, no indication of the race track was found. Site 50F351 was reevaluated as "field not eligible" for listing on the NRHP. In conclusion, the two historic structures will not be affected by the proposed pipeline construction. The historic race track site has been previously disturbed by road construction, and farming/ranching activities and there is no subsurface potential. Since the pipeline construction through this site will take place in already disturbed areas (road corridor) archaeology clearance for the project is recommended. ii Table of Contents Introduction 1 Location of the Project Area 1 Environment 1 Summary of Files Search and Literature Overview 2 Study Objectives 4 Field Methods 4 Results 4 Site Significance 5 Site Description 5 Discussion 7 Summary of Site Evaluations and Recommendations 8 References 9 Appendix A: Tables of Previously Recorded Cultural Resources and Bibliographic List of Previously Conducted Inventories A.1 Appendix 13: OAHP Site Forms B.1 List of Figures Figure 1. Project location map (1 of 2) v Figure 2. Project location map (2 of 2) vi Figure A-1. Cultural resources location map A.5 Figure A-2. Cultural resources location map A.6 Table A-1. List of previously recorded cultural resources A.2 Table A-2. Bibliographic list of previously conducted cultural resources inventories A.2 Hi ) . . .;. , \ • \ \ • ; (3`3", •-•• / • ' , Mount Blaine (1971) Quadrangle Garfield - Colorado o41.)41. ArcMap GIS DRG U.S.G.S. 7.5' Series (topographic) Scale 1:24000 Contour Interval 40 Feet , T. T. 5S. and T. 6 S., R. 98 W., 6tli P.M. , Zone 12 NAD 1983 '.;1 / f •I., I ih 1 • ) t \ , • • / • 1.\ T.. Land , - 1,•.‘1•1 -*(1. JR sitin .1 .1 \ • : • ''1311Wv .• 14.q!ci'L • )SLOI. • ' • ••• 1-110-1 • r' -";/ r/ '••-"""'" ,• • , • ••••\,. . ,X-••• —Figure 1. Project,location,map (1 012) for the,Class,IIL culturallesources inventoryfor-two-proposed pipeline route segments in the Clear Creek and Deer Park areas of Garfield County, Colorado for ChevronTexaco. Areas surveyed are highlighted. [GRI Project 112533, BLM No. 1105-06, 6/03/05] 7 Composite Quadrangle Maps Long Point (1968) and Mount Blaine (1971) Garfield - Colorado U.S.G.S. 7.5' Series (topographic) Scale 1:24000 Contour Interval 40 Feet T. 6 S., R. 98 W., 6th P.M. Zone 12 NAD 1983 B9M c Land ;;C r, 564 i3 cy r..COint ., .sri_., Land • r' jr • s, Previously Surveyed ' 3LM Ref. #1105-04 GRI Project #2491 -r 0 • Figure 2. Project location map (2 of 2) for the Class III cultural resources inventory for three proposed pipeline route segments in the Clear Creek and Deer Park areas of Garfield County, Colorado for CheveronTexaco. Areas surveyed are highlighted. [GRI Project #2533, BLM No. 1105-06, 6/02/05] Colorado Office of Archaeology and Historic Preservation CULTURAL RESOURCE SURVEY MANAGEMENT INFORMATION Please complete this form and attach a copy behind the Table of Contents of each survey report. Project Class 111 cultural resource inventory of two proposed pipeline Route Segments (8.50 miles) in the Clear Creek and Deer Park Areas of Garfield County, Colorado for CheveronTexaco. [GRI Project #2533, 06/03/05] Acres of Potential Effect/Project: <30 Class ITI Acres Surveyed: 206 (166 acres private, 40 acres BLM) Legal Location of Project (acid additional pages if necessary) Principal Meridian: 6th Quad map date: 1968 Quad Map Name: Long Point Quad map date: 1968 Quad Map Narne: Long_Point Township: 5 South Range: 98 West Sections: 36 Township: 6 South Range: 98 West Sections: 4, 9, 10, 11, 15, 22, 27, 33, and 34 Smithsonian Number Resource Type Eligibility Managemei t Recommendation H 3 ci 0 s <d o 0 e. Unknown A t%1 W z Need Data o- D P4 D -� o O N oz b 0 z d „ c; Monitor i, F u iV W Archival Research Other (specify) 5GF351 * X X X 5GF424* X X X 5GF425 X X X 3 1 2 2 1 Principal Investigator Name: Principal Investigators Signature: Carl E. Conner Date: June 3, 2005 1--. 441-1.4.,4 The next page of the report should be a copy of the USGS topographic maps) clearly indicating the following: 0 The project area • Areas surveyed • Principal Meridian, Township, Range, Sections • Quad. name and date(s) Introduction At the request of the Bureau of Land Management Grand Junction Field Office (BLM) and Chevron Texaco, Grand River Institute (GRI) conducted a Class III cultural resources inventory of two proposed pipeline route segments in the Clear Creek and Deer Park areas of Garfield County, Colorado, for ChevronTexaco. These segments total approximately 8.5 miles long, of which 6.85 miles are located on private lands and 1.65 miles are on Bureau of Land Management administered property. A total of 166 acres of private property and 40 acres of BLM land was surveyed. The survey and report preparation were conducted by Carl E. Conner (Principal Investigator), Barbara J. Davenport, Nicole Darnell, Jim Conner and Dana Archuleta. A files search was completed on 19 May 2005, and the field inventory was carried out on May 315' and June 151 of 2005. The survey was done to meet requirements of the Federal Land Policy and Management Act of 1976, the National Historic Preservation Act (as amended in 1992), the National Environrnental Policy Act (NEPA) of 1969, and Article 80.1 of the Colorado Revised Statutes. These laws are concerned with the identification, evaluation, and protection of fragile, non-renewable evidences of human activity, occupation and endeavor reflected in districts, sites, structures, artifacts, objects, ruins, works of art, architecture, and natural features that were of importance in human events. Such resources tend to be localized and highly sensitive to disturbance. Location of the Project Arca The project area is located about 12 miles north of the town of De Beque in the Clear Creek and Deer Park areas of Garfield County, Colorado. In general, the pipeline will follow the west side of County Road 211 and the north side of the upgraded Deer Park Road, but the 200 foot wide inventory corridor includes both sides of these roads. The three segments of pipeline occur within 1'. 5 S., R. 98 W., Section 36; and T. 6 S., R. 98 W., Sections 4, 9, 10, 11, 15, 22, 27, 33, and 34; 6fi' P.M. (Figures 1 and 2). Environment The proposed project is within the Piceance Creek Basin, one of the major geologic subdivisions of Colorado. The Piceance Creek Basin is an elongate structural downwarp of the Colorado Plateau province that apparently began its subsidence approximately 70 million years ago during the Laramide Orogeny. Sediments from surrounding highlands were deposited in the basin, accumulating to a thickness of as much as 9000 feet by the lower Eocene epoch, when subsidence ceased. Regional uplift occurred in the Late Tertiary, and erosion of the area has continued since (Young and Young 1977:43-46). The Wasatch formation underlies the south portion of the study area, while the Green River Formation 1 occurs in the northern part. The project area rests within valley bottoms of the Roan Plateau. Elevations range from about 5500 to 6000 feet. These elevations have three vegetation communities including saltdesert shrublands, pinyon juniper woodlands, and sagebrush/grasslands. Ground visibility ranged from 30% in the sagebrush and greasewood to about 90% in the disturbed areas along the roads. These communities support a variety of wildlife species although the present day land use of the project area (including energy development, grazing, ranching and farming) has pushed most large mammals into the surrounding mountains. There, mule deer, elk, coyote, and black bear are common, as are cottontail rabbits, heavers, and various rodents. Mountain lion, bobcat, fox, skunk, badger, and weasel are also likely inhabitants. Bird species observed in the area include the jay, raven, red -shafted flicker, Tong -eared owl, and various raptors. There is little climate variation within the study area. These relatively low elevations are host to a cool semiarid climate where temperatures can drop to -10 degrees F during the winters and summer temperatures may reach 100 degrees F; there is a maximum of 120 frost free days and the annual precipitation is about 14 inches. The surrounding higher elevations are characterized as cooler and moister. Annually, the high mountain temperatures could average 5 degrees cooler and the precipitation as much as 14 inches greater that the surrounding low elevations (USDA SCS 1978:244). Summary of Files Search and Literature Overview A records search was made for the project area through the BLM on 19 May 2005. An on-line search of the records at Colorado Historical Society's "Compass" site was also completed. These searches, which also included GLO Plats, were conducted to determine which areas were previously surveyed, to identify all known cultural resources in the vicinity of the study area, and to gather pertinent published and unpublished information on previous surveys in the immediate area. This information is important in the interpretation and evaluation of the cultural resources that were expected to be found. The files search identified three historic sites within the project corridors. Two sites (5GF424 and 5GF5425) are structures near the mouth of Clear Creek and one site is reportedly an historic race track (5GF351), all occurring on private property. In addition, there are nine sites in the general vicinity of the project area and these are listed in Table A-1 in Appendix A. Table A-2 (Appendix A) provides a bibliographic list of the previous projects conducted near the project area. Cultural resource investigations in the region have yielded surface diagnostic 2 artifacts and excavated cultural materials consistent with the regional cultural history. Evidence of the Paleoindian Era, the Archaic Era, Formative Era, and Protohistoric Era has been found in the area. Historic records suggest occupation or use by EuroAmerican trappers, settlers, miners, and ranchers as well. Overviews of the prehistory and history of the region are provided in documents published by the Colorado Council of Professional Archaeologists' entitled Colorado Prehistory: A Context for the Northern Colorado Plateau (Reed and Metcalf 1999), and by the Colorado Historical Society entitled Colorado Plateau Country Historic Context (Husband 1984). A more specific document regarding the Euro -American settlement of the study area is History of Roan Creek and De Beque (Prather and de Beque, n.d.). As therein described, in the De Beque - Roan Creek area, the first to file homestead claims were Robert Eaton, L.T. Stewart and George Gibson along Dry Fork. Brothers Harve and John Van Cleave filed claim to Roan Creek property and established a cattle business in 1883 that became well known in Western Colorado. Other creeks in the area are named for the early ranchers who often brought cattle and cowboys with them. Kimball Creek is named for Gayton and William Kimball. Con [now Conn] Creek is named for C.H. Conwell. Tom Wallace set up his outfit on Wallace Creek, and John Carr on Carr Creek. George and Frank Newton settled on Clear Creek --apparently named before they arrived. The importance of water --and water rights --to the settlers not only was acknowledged by naming the creeks after them but also by so naming the ditches. Accordingly, one will also find the familiar names of Charles Creek, Joe Newman, A.S. I-Iimebaugh, Henderson Frashier, Tom King, George P. Anderson, George Hayes, and W.A. DeLaMatyr on ditches and ranches of the surrounding area. By 1888, at least 31 ranches were in active operation, and a total of 140 cubic feet of water had been filed on (ibid.:3-4). The town of De Beque is named for Dr. W.A.E. de Beque, who arrived with three companions (Fred Webster, John Boudin and Dick Smith) in the spring of 1884. He established a ranch on the banks of the Grand River near its confluence with Roan Creek. The first post office was within a log building built by Dr. de Beque, which served as his office, a drug store and a general store. Marie de Beque was the first Postmistress, officially named so in 1888. During this year, the town site of De Beque was established outside the boundary of the de Beque's ranch on what was originally the H.L. Spencer homestead. It was platted by surveyor John Walzl and given the name of De Beque in February of 1888. Shortly thereafter, Dr. de Beque built the first residence in the town (ibid.:3-4). Adjacent to Ravensbeque (Dr. de Beque's ranch), the first school was started in 1886 by Mrs. Joseph McMillen, who initially began teaching her own children, but soon took in others from the surrounding homesteads. About that same time, a public school was opened on Con [Conn] Creek. Later, county schools were opened on Brush Creek, Kimball Creek, Dry Fork and main Roan Creek. The school started by Mrs. McMillen was moved to town where various buildings served as classrooms until a stone school house was built in 1892. Grades through high school were added as were new buildings to the school grounds, and in 1912, the first class was graduated from the high school (Prather and de Bogue, n.d.:6). The town grew steadily during the late 1800's and early 1 900's, due in part to the coming of the railroad in May of 1890. It quickly became an areal center serving not only the Roan Creek ranches north of the Grand River, but also the Blue Stone Valley farms and ranches south of the river --after a bridge was built in 1891. Over the years, many people carne and left, but the town's population rarely exceeded 400 persons (ibid.:7-9). Study Objectives The purpose of the inventory was to identify and record all cultural resources within the areas of potential impact, to assess their significance and eligibility to the National Register of Historic Places (NRI -IP), and to make management recommendations for those sites found to be eligible or potentially eligible. Based on the files searches cultural resources were expected to be encountered. Field Methods A Class III cultural resource inventory of the project areas was performed by two persons who walked zig zag transects along the two segments of the proposed pipeline route to cover a 60 meter (200 foot) wide corridor centered on the west side of the existing Clear Creek road and the north side of the Deer Park road. Crew members worked from USGS 7.5' series maps. Cultural resources were sought as surface exposures and were characterized as sites or isolated finds. Sites were defined by the presence of five or more artifacts and/or significant feature(s) indicative of patterned human activity. Isolated fmds were defined by the presence of a single artifact or several artifacts, which apparently represent a single event (e.g., a single core reduction), and is surficial in nature. All cultural resources such as open camps, lithic scatters, and isolated finds were recorded as they were encountered. Sites were to be recorded using the following methods of mapping and note taking. The basic approach to the data collection was to be the continuous mapping of observed artifacts and features by recording UTM coordinates (NAD 83 Datum) using a Trimble Geo XT. Site maps were to be created using corrected GPS data and ARCMAP. Photographs were to be taken at each site and include general views and specific artifacts or features. Field notes and photo negatives for this project are on file at Grand River Institute, while the photographs are submitted to the BLM. No artifacts were collected. 4 Results As expected, cultural resources were encountered during the survey. Field conditions were as anticipated, and did not affect the methods. This portion of the report presents a discussion of site significance evaluation and describes the two previously re-recorded historic sites. Site Significance The National Historic Preservation Act of 1966 (NHPA) directs the BLM to ensure that BLM-initiated or authorized actions do not inadvertently disturb or destroy significant cultural resource values. Significance is a quality of cultural resource properties that qualifies them for inclusion in the NRI -IP. The statements of significance included in this report are field assessments to support recommendations to the BLM and State Historic Preservation Officer (SHPO). The final determination of site significance is made by the BLM in consultation with the SHPO and the Keeper of the Register. The Code of Federal Regulations was used as a guide for the in -field site evaluations. Titles 36 CFR 60, 36 CFR 800, and 36 CFR 64 are concerned with the concepts of significance and (possible) historic value of cultural resources. Titles 36 CFR 65 and 36 CFR 66 provide standards for the conduct of scientific data recovery activities. Finally, Title 36 CFR 60.4 establishes the measure of significance that is critical to the determination of a site's NRHP eligibility, which is used to assess a site's research potential: The quality of significance in American history, architecture, archaeology, and culture is present in districts, sites, buildings, structures, and objects of State and local importance that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and a) that are associated with events that have made a significant contribution to the broad patterns of history; or b) that are associated with the lives of persons significant in our past; or c) that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or d) that have yielded, or may be likely to yield, information important in the prehistory or history. Site Description The Roan Creek Community Club (5GF424) was revisited just last year for another project so a new reevaluation form was not completed for this site. The Roan Creek School (5GF425), was revisited and reevaluated along with site 5GF351 an historic race track. This section provides general descriptions of these sites. Location data for them is provided in Appendix A (Figure A-1). Detailed information for 5GF425 is provided in Appendix B: 5 OAHP Site Form (available at the BLM and OAI-IP). Site 5GF351 was originally recorded only as a report from a local (unnamed) land owner in 1978 by the Museum of Western Colorado. The original site form contained very little information and an assessment of the reported location was never conducted. Upon revisiting the site, no indication of cultural manifestations remained. It could not be relocated by this inventory and there is no subsurface potential. Much of the site area has been previously disturbed by road construction and farming/ranching activities. Evaluation and Management Recommendation Due to a perceived lack of potential for this site to yield additional significant information regarding the area's history, this site is field evaluated as not eligible for listing on the National Register of Historic Places. No further work is necessary. Site 5GF424 is the Roan Creek Community Club building complex and is presently in use as the "Cowboy Chapel of Prayer." The site was previously recorded, however, that form was not signed or dated and contains limited information. The site is located at the confluence of Clear Creek (County Road 211) and Roan Creek (County Road 204) at an elevation of 5520 feet. Vegetation on the site is grass and the surrounding open areas contain sagebrush. Most of the ground around the structures is barren and includes a dirt parking area. The main focus of the site is a large milled log structure which measures 54 feet in length by 30 feet in width and rests on a concrete foundation. The south side (front) of the building has double door entryway which measures 7 feet by 15 feet and contains two, five - horizontal panel, plywood doors. The gable ends and the upper portion of the entryway have cedar shingle siding in a coursed pattern. The east wall has three windows and one (newer) door opening and the west wall has four windows and a door while the rear wall and entryway each have two double windows of an older style of true divided lite glass with a pattern of 2W3H. The asphalt shingle roof appears to be new (the original site form states that the roof was of corrugated metal). Two brick chimneys are present, one in the center of the west wall and the other at the northeast corner of the building. Also, the concrete landing, stairs and iron hand rails at the entryway seem to have been replaced fairly recently. Approximately ten feet from the northwest coiner of the main log structure is a storage shed which measures 12 feet by 8 feet and is constructed of milled lumber with a metal shed style roof. This building has a single door on its east side and a single small window on the south wall. Forty feet north-northeast from the northeast corner of the main 6 log building is an old privy with a wood shed style roof. The site has been well maintained and is currently in use. This structure is referenced in a booklet entitled, "Cattle and Shale, 1884-1984, A Story of Roan Creek and De Bogue" in the section that discusses families and ranching on upper Roan Creek. The description from pages 13 and 14 is as follows: "A community hall, "Highmore Hall" was erected, which became the center of many social gatherings and dances. Plays, musicals, all day picnics, church services, and neighborhood gatherings of all kinds were held there. The guiding star and musical director of all this activity was Pearl Sullivan, the wife of Dougald Sullivan, whose ranch was the I-Iimebaugh ranch at the mouth of Clear Creek. Pearl and her music will long be remembered. There were other Sullivan brothers, too, who engaged in the cattle business here for years, but they are not here now. Other names closely associated with the development of the community are Flasche, Franklin, Firvin, Letson, I-Imitley, Gordon, and Simmons, but most of the people who bore those names and lived among us for awhile, are gone." Evaluation and Management Recommendation This site appears to meet criteria for National Register status (36 CFR 60.4 a, b and c) and is field evaluated as eligible for listing on the National Register of Historic Places. It will not be directly affected by the proposed project and no further work is recommended. Site 5GF425 is the old Roan Creek School building. It is presently not in use. The site was previously recorded, however, the form was not signed or dated and contains limited information. The site is located along County Road 211 near the confluence of Roan and Clear Creeks in Garfield County at an elevation of 5530 feet. Surrounding vegetation is grass and sagebrush. The site consists of a one room school house with and an attached entryway/ mudroom. It is a framed structure with horizontal wood -siding. It was painted white sometime in the past, however, portions are beginning to weather or are lacking paint altogether. The main room has a front gabled roof of galvanized corrugated metal while the entry has a shed (half -gabled) roof of milled lumber with wood shake shingles (most of which are missing). The main room measures 22 feet by 14 feet and has five single hung windows (2 sashes each) on the east wall and one single hung window (2 sashes) on the west wall, all measuring approxitnately 24" by 60" overall. All these windows are authentic divided lite with a 2 W 11-I pattern to each sash, however the glass is no longer present. No window or door openings are on the south wall. This room has a brick chimney along the center of the west wall and extends on the exterior approximately five feet up from the roof (on its lowest side). The interior of this room possesses remnant areas of wall paper with a childlike motif 7 (baby ducks, chicks, birds etc.) and some modern graffiti. Some old shelves were also present. There is electrical wiring on the exterior of the east and south walls. The entry/mudroom on the north end measures 10 feet by 14 feet and has a single door on the north wall and a square window opening (about 30 inches) on each the east and west walls. Again, the glass is no longer present. A search for any reference to this school was made in a booklet entitled, `Cattle and Shale, 1884-1984, A Story of Roan Creek and De Beque," but none was found. Despite this, the estimated time of construction is ca. 1930. Evaluation and Management Recommendation This site does not appear to meet criteria for National Register status (36 CFR 60.4 a, b and c). The structure seems to be structurally unsound as it is listing to the east. Given its deteriorating condition and lack of historic artifacts or references, and due to a perceived lack of potential for this site to yield additional significant information regarding the area's history, it is field evaluated as not eligible for listing on the National Register of Historic Places. No further work is necessary. Discussion This project has provided an opportunity to continue the investigations into the Clear Creek and Deer Park Valleys. As expected, historic structures were the site type encountered by the inventory. One such site was re-recorded. Other farm and ranch complexes are present near the pipeline route that are likely to date to the first half of the twentieth century. Linutations to the study included the disturbance of much of the proposed routes by previous construction activities (road, ditch, fence, etc.) or by cultivation. Summary of Site Evaluations and Recommendations The eligibility determination and consultation process is guided by Section 106 of the NHPA (36 CFR 60, 63, and 800). Inventory to identify, evaluate, and mitigate potential effects to cultural resources affected by an undertaking is the first step in the Section 106 process. BLM actions cannot be authorized until the Section 106 process is completed (36 CFR 800.3). Final determinations of National Register eligibility and effect are sought from the controlling federal agencies in consultation with the State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation. The files search identified three historic sites within the project corridors. Two sites (50F424 and 5GF5425) are structures near the mouth of Clear Creek and one site is reportedly an historic race track (5GF351); all occurring on private property. The Roan Creek Cornmunity Center (5GF424), was revisited just last year for another project so a new reevaluation form was not completed for this site. The Roan Creek School House (5GF425) 8 was previously field evaluated as eligible for listing on the NRI -IP. Site 5GF425 was reevaluated as "field not eligible" for listing on the NRNP. Site 5GF351, the historic race track, was previously field evaluated as need data. With this revisit, no indication of the race track was found. Site 5GF351 was reevaluated as "field not eligible" for listing on the NRI -IP. In conclusion, the two historic structures will not be affected by the proposed pipeline construction. The historic race track site has been previously disturbed by road construction, and fanning/ranching activities and there is no subsurface potential. Since the pipeline construction through this site will take place in already disturbed areas (road corridor) archaeology clearance for the project is recommended. As directed by the new 36 CFR800 regulations, this inventory included the search for relevant traditional cultural properties. None were found. 9 References Husband, Michael B. 1984 Colorado Plateau Country Historic Context. Colorado Historical Society, Denver. Prather, Sarah and Armand de Beque. n.d. History of Roan Creek and De Beque. Ms on file, Mesa County Library, Grand Junction. Reed, Alan P. and Michael D. Metcalf 1999 Colorado Prehistory: A Context for the Northern Colorado Plateau. Colorado Council of Professional Archaeologists, Boulder. U.S.D.A., Soil Conservation Service 1978 Soil Survey of Mesa County Area, Colorado. Young, Robert G. and Joann W. 1977 Colorado West Land of Geology and Wildflowers. Wheelwright Press, Ltd.. 10 Appendix A: Tables of Previously Recorded Culhual Resources and Bibliographic List of Previously Conducted Inventories Within 1.0 Mile of the Study Areas, and Location Data for the Re -Recorded Site (Figure A-1) A.1 Appendix B: OAHP Site Form 13.1 Biological Survey July 11, 2006 Prepared by: Van K. Graham WestWater Engineering n WestWater Engineering 2516 FORESIGHT CIRCLE, #1 GRAND JUNCTION, COLORADO 81505 (970) 241-7076 FAX: (970)241-7097 July 11, 2006 Mr. Sean Norris, Senior Project Geologist Cordilleran Compliance Services, Inc. 826 21'/ Road Grand Junction, CO 81505 RE: Biological Survey for Chevron/Texaco 8" Natural Gas Pipeline, Clear Creek, Garfield County, Colorado Dear Mr. Norris: Field surveys were conducted on July 5-6, 2006 to investigate the occurrence of raptors, United States Fish and Wildlife Service Birds of Conservation Concern and T & E/sensitive plants along and adjacent to a proposed natural gas pipeline in lower the Clear Creek Canyon in Garfield County, Colorado. The proposed 8 -inch pipeline, which is approximately 6.25 miles long, runs parallel to Garfield County Road 211, except on the southern portion where it turns west and runs for about 2 miles (Figure 1). Surveys were conducted using roadside observations from a motor vehicle and on foot in order to more thoroughly inventory the pipeline alignment. Field observations to document the presence of raptors were conducted using binoculars, listening for raptor vocalizations and searching for nests and sign of raptor presence. Searching for raptor sign included looking for droppings, castings, feathers, excrement (whitewash) and discarded prey items, particularly around nest sites. Potential raptor nesting habitat was surveyed including piflon juniper woodlands and box-elder/Mexican locust vegetation that was predominantly found along the Clear Creek riparian corridor. The canyon walls along Clear Creek and its tributaries were surveyed to determine the presence of raptors and nest sites. Plant surveys were conducted in conjunction with raptor and bird of conservation concern inventories. RESULTS Raptors Two species of raptors were observed during the survey. Species included Cooper's Hawk (Accipiter cooperii) and American Kestrel (Falco sparverius); seven individual raptors (5 adults, 2 chicks) were counted. Two active nest sites were found and four nests that were likely to have active during the 2006 nesting season were located (Table 1 and Figure 2). The survey was conducted late enough in the current nesting season that a large portion of raptors have already fledged their chicks. The inactive nests (at time of survey) were determined to have been either active and fledged or possibly active but failed, based on observations in and around the nest. In most cases, raptor whitewash was observed under nests or deposited on current annual plant growth, which indicates recent presence of raptors. One possible American Kestrel nesting territory was located, but no nest was found. Based on chick size, feathered development and movements within Cooper's Hawk nest # 2, the young were estimated to be approximately 10-12 days old on July 6, 2006 (Figure 3 and 4). Cooper's Hawks will typically fledge at about 30-34 days. Therefore, it is likely that fledging would occur around July 30. The status of nest # 1 is unknown (either eggs or chicks) and if the adults were incubating at the time of the survey, fledging may not occur to sometime in mid- August. The active Cooper's Hawk nest sites #'s 1 and 2 are located about 105 feet and 265 feet from the centerline of the pipeline ROW, respectively (Figure 1 and 2). The proposed pipeline construction will result in increased human activity and vehicular traffic in the vicinity of the nest site, increasing the potential of nest failure. What is not known is the level of vehicular/human activity that would cause these nesting pairs to abandon the nests. The Colorado Division of Wildlife does not have a recommended buffer for Cooper's Hawks; however, it is our opinion that a one-quarter mile buffer zone around this nest would decrease the likelihood of nest failure due to project related disturbance. Nests # 2 is located in a box -elder tree about 300-400 feet east of an active drill pad west of Clear Creek. This pad has apparently received a substantial amount of activity and daily traffic and these birds have shown a tolerance for this level of disturbance. In general, raptors have a higher tolerance to occasional vehicular traffic and a lower tolerance to "constant" human -related activity on the ground. It is generally accepted by avian biologists that raptors have a stronger fidelity to their nest site after young have hatched and are more apt to abandon their nest site in response to disturbance during incubation. Table 1. Active and inactive raptor nests;Lower Clear Creek, Garfield County, Colorado, July 2006. Species Zone UTM Easting UTM Northing Observation Cooper's Hawk 12S 728650 4382370 2 adults defending a nest, no chicks observed due to foliage, but active nest. Cooper's Hawk 12S 730517 4378352 1 adult female observed on nest brooding a minimum of 2 chicks, possibly more. American Kestrel 12S 730228 4379000 Adult male observed, possible active nest in area. Possible Cooper's Hawk 12S 730228 4378940 A maternal -acting female Cooper's in the area with a box -elder tree with whitewash underneath. Several stick nests in the area; none showed signs of recent use. Unknown raptor 12S 730698 4378308 Stick nest in a 35 ft. box -elder tree east of the pipeline alignment. Whitewash on vegetation surrounding the nest. Unknown raptor 12S 730820 4377413 Nest determined to have been active, with whitewash on vegetation below nest, which was in a 75 ft box - elder. Cooper's Hawk 12S 730847 4376427 Cooper's Hawk territory/roosting site in a box -elder along Clear Creek. No nest found, but whitewash and feathers on ground indicated frequent use in the area. 2 Construction Recommendations: If possible, delaying pipeline construction within 0.25 miles of the active nest sites until fledging occurs will reduce the chances of nest failure. The nest sites should continue to be monitored by qualified personnel if construction approaches the nest site prior to fledging. If construction cannot be delayed until fledging, construction activities, vehicular and equipment traffic, and on -ground personnel should be confined to the side of the pipeline corridor away from the nest, which would maximize the buffer between disturbance and the nest. Individual raptors react to disturbance inconsistently; therefore, it is difficult to predict how these birds, which have adapted to the current level of disturbance, would react to pipeline construction. Birds of Conservation Concern The U.S. Fish and Wildlife Service places its highest priority for conservation for those species listed as Birds of Conservation Concern for the Southem Rockies and Colorado Plateau. No birds of conservation concern were observed during the survey. Clear Creek, due to the riparian vegetation, is suitable habitat for a variety of bird species. Threaten, Endangered, or Sensitive Plant Species Plant species that may be subject to protection under the ESA list and could potentially occur in this area are shown in following table. Common Name Scientific Name ESA Status Uinta Basin hookless cactus Sclerocactus glaucus Threatened (T) Debeque phacelia Phacelia submutica Candidate for Listing Debeque milkvetch Astragalas debequaeus Proposed for Listing For two of these species, specific soil types are necessary for the occurrence of these species. The Debeque phacelia and the Debeque milkvetch require soils consistent with the Wasatch formation and this soil type was not observed along the pipeline alignment. The soil type along Clear Creek appears to be that of the Green River formation. The sagebrush and open pifion-juniper along Clear Creek and on the westward portion of the pipeline bisects possible Uinta Basin cactus habitat but no plants were observed. Please feel free to contact our office if you have questions regarding this report, or if we can be of service in any way. Sincerely, Van K. Graham Environmental Scientist/Wildlife Biologist 3 .36 , 5441-1441 Active Cooper's Hawk nest # 1 i O e. LIP T'13 RV( TOS. IMO T6S. It490 • , r1. u 16 Active Cooper's Hawk nest # 2 1.1o1 r.1 Blue.. zn r;Frrr mL r/o r «100 k0\/r!\0CA.. alt GIrfY OI(. co.^^o c/o r11EI'no0/IL'S3tO - — :41— _L —• tiOal1.110N11111 r " ,, DEER ; 4/:1'1 0 OIL ('O. r/o 111E, HON/IL%\C� • ;��.'--_-----J ITr--_--• 17 Io:IJ. s` o14 r� 1 1 \ -..,,,,.'17,,,•1";„t / ' `1111F11 1 Li_., 1110 1r. C' ,e ' 1 PR )POSED 8" N. \TURA I. GAS OIPFI. \E SITUATE IN SE :TION at; TOWNSHIP 5 sol;Tn, RANGE San WEST OF THE SIXTH PRINCIPAL. MERIDIAN. GARFICID COUNTY, COLORADO AND 'E("rio\S I, 9. 10, 15. 2 9 27. i� 28 TOWNSHIP (, SOUTH, RAM*: 09 WEST OF 191E SIXTH PRINCIPAL MERIDIAN. (:ARI'Il-I.D ('OI'NTti, COLORADO C0\6'3.0' O\ B.0 f2' 5 \C. 000 &.\R fB 9. /` 6'_' CO 606. 6'0.6'66-61 I : . Figure 1. Chevron/Texaco 8 inch natural gas pipeline, Lower Clear Creek, Garfield, County. 4 z z TN 728000,,E. 729000m E. 730000,, E. 73100001E. WGS84 Zone 12S '32000mE, Possible active Cooper's Hawk nest Possible active unknown raptor Possible active unknown raptor Figure 2 Chevron Clear Creek Pipeline Biological Survey July 5-6, 2006 Possible active Cooper's Hawk le1N 11X' 728 000,, E. 72900o',E. 730000n, E. 731000m E. 0 5 _j MlE Q_'____,_ioco rtE$ mewl -MS Map created with T0p0!6 02003 Nal 'nal Geographic {aruw.iatigmigepQopluc.cpsnROpe) WGS84 Zone 12S 732000.E. z 4381000 N. z z 5 Figure 3. Cooper's Hawk nest with two chicks on an old magpie nest. _ Figure 4. Cooper's Hawk nest in a box -elder tree in riparian habitat along Clear Creek, Garfield County, Colorado. 6 Survey of Drainage Crossings June 12, 2006 Prepared by: William Monroe Cordilleran Compliance Services, Inc. Pipeline ACoE table rA ,z) Sl 1/40 98W 1 Mt Blaine DeBeque Deer Park Gulch ' Clear Creek m" m ,-, N 0 o 1.00 Intermittent Buried Pipeline O N N N 4 Cl O Vl eD N O O Z 0 cl ' y O rio Cr,coCri CO cT Mt Blaine a- yPI) Q Buck Gulch Clear Creek 39° 32' 55" in 0 o a 'n G Ephemeral Buried Pipeline as N N N ..., 0.002 Getty Oil/Chevron coo 3 7 DeBeque Clear Creek Roan Creek 39° 33' 20" N o 3.00 1 Perennial Buried Pipeline 0S co d' tiD OS 40 45 .o Nd o Getty Oil/Chevron ON co U] 411 36 5S caN Mt Blaine a) g Q Clear Creek Roan Creek 39° 33' 48" 108' 20' 23" NM Perennial Buried Pipeline ir,O o COI Tr 30 35 Tr �M 0.009 Getty Oil/Chevron 'FIELD SURVEY INFORMATION June 9, 2006, 8" Natural Gas Pipeline. 'Site Number USGS Quad - Nearest Town Hydrologic t7nit Code Tributary to 1 North Coordinates West Coordinates Ordinary High Water Mark (OHW; feet) Drainage Type Construction Description Disturbance Width (feet) Up Gradient OHW Width (feet) Down Gradient OHW Width (feet) Average OHW Width (feet) Up Gradient Top of Bank Width (feet) Down Grarent Top of Bank Width (feet) Average Top'of Bank Width (feet) IUp Gradient Bank Height Down Gradient Bank Height J Approximate Fill Area Below Ordinary High Water Mark, Acres Landowners G ` to)h Q h 3 4J Ni t ,m lit Q Pipeline ACoE table Pipeline ACoE table 6S -98W -28-I 28 01 Mt Blaine DeBeque NA Clear Creek M N 0 01 Q N 00 O o C Ephemeral Buried Pipeline I OS Ln 6 in 0 kr, 0 10 I . in • ra ^ Min 7 O p Getty Oil/Chevron i' ll co s 27 1p 98W Mt Blaine DeBeque NA Clear Creek M 0 M CA " oo O f p o R (�] Buried Pipeline I p Ln kr) O v1 O in © p - 15 N ~ O O Getty Oil/Chevron 1 cil 3 00 i%� 10 27 10 01(:' Mt Blaine DeBeque Clear Creek Roan Creek __ 000a M M tn o co p N u, 0. Buried Pipeline C Q Cs CD 30 20 25 O w o 0 p I Getty OillChevron (FIELD SURVEY INFORMATION June 9, 2006, 8" Natural Gas Pipeline. I Site Number cfl 4. E. -t 0-0 I USGS Quad Nearest Town Hydrologic Unit Code Drainage Name Tributary to North Coordinates West Coordinates - - Ordinary High Water Mark (OHW; feet) Drainage Type 'Construction Description Disturbance Width (feet) Up Gradient OHW Width (feet) Down Gradient OHW Width (feet) Average OHW Width (feet) Up Gradient Top of Bank Width (feet) I Down Gradient Top of Bank Width (feet) Average Top of Bank Width (feet) I UpGradient Bank Height Down Gradient Bank Height Approximate Fill Area Below Ordinary High Water Mark, Acres Landowners Pipeline ACoE table CORDILLERAN Crossing Locations 8" Natural Gas Pipeline Chevron USA Inc. June 9, 2006 r of• • 28_ • 6s-9$w-2t3;i • a • tt 1+ ? �b tf f ...7,,S, -98W-27 t / • ayssw-27.2 + �...• 826 21 1/2 Road Grand Junction, CO 81505 T: 970.263.7800 F: 970.263.7456 I • :yf . 'L G,s vel ..,_.. Pits OdRC•k eptea /•. f55/$,...flh1 (C1C;All. AlatRe:f.1r o:. .n, c 34 5906 Source Map: 7.5 Minute USGS Topographic Map (Mt Blaine Quadrangle) Cordilleran Compliance Services, Inc. Grand Junction, CO • Denver, CO • Casper, WY • Laramie, WY • Lander, WY Environmental Consulting Engineers and Scientists CORDILLERAN Crossing Locations 8" Natural Gas Pipeline Chevron USA Inc. June 9, 2006 826 21 '/z Road Grand Junction, CO 81505 T: 970.263.7800 F: 970.263.7456 Source Map: 7.5 Minute USGS Topographic Map (Mt Blaine Quadrangle) Cordilleran Compliance Services, Inc. Grand Junction, CO • Denver, CO • Casper, WY • Laramie, WY • Lander, WY Environmental Consulting Engineers and Scientists Photographic Log Drainage Crossings, Chevron USA 06/09/06 PHOTO 1 Location: 8" Natural Gas Pipeline Site Number: 5S -98W-36-1 Coordinates: N39° 33' 48" W108° 20' 23" PHOTO 2 Location: 8" Natural Gas Pipeline Site Number: 5S -98W-36-1 Coordinates: N39° 33' 48" W108° 20' 23" PHOTO 3 Location: 8" Natural Gas Pipeline Site Number: 5S -98W-36-1 Coordinates: N39° 33' 48" W108° 20' 23" Photographic Log Drainage Crossings, Chevron USA 06/09/06 PHOTO 4 I Location: 8" Natural Gas Pipeline Site Number: 5S -98W-36-1 Coordinates: N39° 33' 48" W108° 20' 23" Location: 8" Natural Gas Pipeline Site Number: 6S -98W-4-1 Coordinates: N39° 33' 20" W108° 20' 3" PHOTO 5 Location: 8" Natural Gas Pipeline Site Number: 6S -98W-4-1 Coordinates: N39° 33' 20" W108° 20' 3" PHOTO 6 Photographic Log Drainage Crossings, Chevron USA 06/09/06 Location: 8" Natural Gas Pipeline Site Number: 6S -98W-4-1 Coordinates: N39° 33' 20" W108° 20' 3" PHOTO 7 Location: 8" Natural Gas Pipeline Site Number: 6S -98W-4-1 Coordinates: N39° 33' 20" W108° 20' 3" PHOTO 8 PHOTO 9 Location: 8" Natural Gas Pipeline Site Number: 6S -98W-9-1 Coordinates: N39° 32' 55" W108° 19' 50" Photographic Log Drainage Crossings, Chevron USA 06/09/06 PHOTO 10 Location: 8" Natural Gas Pipeline Site Number: 6S -98W-9-1 Coordinates: N39° 32' 55" W108° 19' 50" PHOTO 13 Location: 8" Natural Gas Pipeline Site Number: 6S -98W-15-1 Coordinates: N39° 32' 14" W108° 19' 21" PHOTO 14 Location: 8" Natural Gas Pipeline Site Number: 6S -98W-15-1 Coordinates: N39° 32' 14" W108° 19' 21" Photographic Log Drainage Crossings, Chevron USA 06/09/06 PHOTO 15 Location: 8" Natural Gas Pipeline Site Number: 6S -98W-27-1 Coordinates: N39° 30' 4" W108° 18' 55" PHOTO 16 Location: 8" Natural Gas Pipeline Site Number: 6S -98W-27-1 Coordinates: N39° 30' 4" W108° 18' 55" PHOTO 17 Location: 8" Natural Gas Pipeline Site Number: 6S -98W-27-1 Coordinates: N39° 30' 4" W108° 18' 55" Photographic Log Drainage Crossings, Chevron USA 06/09/06 PHOTO 18 Location: 8" Natural Gas Pipeline Site Number: 6S -98W-27-2 Coordinates: N39° 30' 1" W108° 19' 17" PHOTO 19 Location: 8" Natural Gas Pipeline Site Number: 6S -98W-28-1 Coordinates: N39° 29' 53" W108° 20' 0" AL862i `SGT, M du ral 1 I sgy ,,y,p 1 aEi' 1' s fan -71 • 3 .1 .1 .1 s HZ -. C. av rddJa f• T T � -A1,1S11103 ovcr • '4, d 2 a r CHECKED BY w N —HPL\dwg\SR—PROP-8L D m a 00 an E O rz cD al l 0 '• 4. 0/ Q ., E -i U C\• N W a(� P. po,4 CD LD DO 1.0 NN - G� � C P- JOILI - z • - u^ — CD CD 4— I--1 144 tO CD V l 2+ >CQP-4 s�r.O 2 C!3 ATTACHMENT 6 — Deed and Legal Description Devwi The First State PAGE 1 T, HARRIET SMITH WINDSOR, SECRETARY OF STATE QF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "GETTY OIL EXPLORATION COMPANY", A DELAWARE CORPORATION, WITH AND INTO "CHEVRON U. S . A . INC. " UNDER THE NAME OF "CHEVRON U. S . A. INC. ", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF PENNSYLVANIA, AS RECEIVED AND FILED IN THIS OFFICE THE THIRTIETH DAY OF APRIL, A. D. 2002, AT 9:05 O'CLOCK A.M. AND I DO HEREBY FURTHER CERTIFL' THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF MERGER IS THE FIRST DAY OF MAY, A..D. 2002, AT 2 O'CLOCK P.M. I !hill 11111 IIIIIII 1111 11111 !111111111111111111 III 1111 669006 02/22/2005 02:07P 01664 P367 M ALSDORF 1 of 3 R 16,00 D 0.00 GARFIELD COUNTY CO 0794181 910011 050107962 Harriet Smith Windsor, Secretary of State AUTHENTICATION: 3674 757 DATE: 02-09-05 1111111 11111fi 11111111111111 111111 111 1111111111E 669006 02/22/2005 02:07P B1664 P368 N ALSDORF 2 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO CERTIFICATE OF MERGER OF GETTY OIL EXPLORATION COMPANY WITII AND INTO CHEVRON U.S.A. INC. It is hereby certified that: SECRETARY OP STATE DIVISION OF CORPORATIONS FILED 09:05 AM 04/30/2002 020274446 - 0784181 1. The constituent business corporations participating in the merger herein certified are: (i) Getty Oil Exploration Company, which is incorporated under the laws of the State of Delaware; and (ii) Chevron U.S.A. Inc., which is incorporated under the laws of the State of Pennsylvania. 2. An Agreement of Merger has been approved, adopted, certified, executed and acknowledged by each of the aforesaid constituent corporations in accordance with the provisions of subsection (c) of Section 252 of the General Corporation Law of the State of Delaware, to wit, by Getty Oil Exploration Company in the same manner as is provided in Section 251 of the General Corporation Law of the State of Delaware and by Chevron U.S.A. Inc. in accordance with the laws of the State of its incorporation. 3. The name of the surviving corporation in the merger herein certified is Chevron U.S.A. Inc., which will continue its existence as said surviving corporation under the name Chevron U.S.A. Inc. upon the effective date of said merger pursuant to the provisions of the laws of the State of its incorporation. 4. The certificate of incorporation of Chevron U.S.A. Inc., as now in force and effect, shall continue to be the certificate of incorporation of said surviving corporation until amended and changed pursuant to the provisions of the laws of the State of its incorporation. 5. The executed Agreement of Merger between the aforesaid constituent corporations is on file at an office of the aforesaid surviving corporation at: 575 Market Street, San Francisco, CA 94105. 1 111111 11111 IIIIIII1111 11111 11111 111111 III 11111 1111 1111 669006 02/22/2005 02:07P B1664 P369 M RLSDORF 3 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO 6. A copy of the aforesaid Agreement of Merger will be furnished by the aforesaid surviving corporation, on request, and without cost, to any stockholder of each of the aforesaid constituent corporations. 7. The aforesaid surviving corporation does hereby agree that it may be served with process in the State of Delaware in any proceeding for enforcement of any obligation of Getty Oil Exploration Company, as well as for enforcement of any obligation of said surviving corporation arising from the merger herein certified, including any suit or other proceeding to enforce the right, if any, of any stockholder of Getty Oil Exploration Company as determined in appraisal proceeding; pursuant to the provisions of Section 262 of the General Corporation Law of the State of Delaware; does hereby irrevocably appoint the Secretary of State of the State of Delaware as its agent to accept service of process in any such suit or other proceedings; and does hereby specify the following as the address to which a copy of such process shall be mailed by the Secretary of State of the State of Delaware: Corporate Secretary Department, Chevron U.S.A. Inc., 575 Market, San Francisco, CA 94105. 8. The merger is to become effective on May 1, 2002, 2:00 P.M., Eastern Standard Time. Dated: May 1, 2002 CHEVRON U.S.A. INC. By: lc/Frnnk G Soler Frank G. Soler Its: Assistant Secretary a;) Recorded at s %/ h o'clock P M. JAN 19 1988 Reception No. JBS...38 MILDRED ALSDORF, RECORD GARFIELD COUNTY, COLORADO DEED KNOW ALL MEN BY THESE PRESENTS: GARFIELD State Doc; Fee ICK 'itis P.GE 19 That this deed is made effective as of the 31st day of December, 1984 by and between Getty Oil Company, a Delaware corporation,. (hereinafter referred to as "Grantor") and Getty Oil Exploration Company, a Delaware corporation (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner and/or holder of those certain shale oil prop- erties, and lands in Mesa and Garfield Counties, Colorado, described in Exhibits "A" and "B" attached hereto and by this reference made a part hereof (hereinafter collectively referred to as the "Properties"); and NOW THEREFORE, for and in consideration of one dollar and other good and valuable considerations, the receipt of which is hereby acknowledged, Grantor does hereby quitclaim, bargain, sell and convey unto Grantee, all of Grantor's right, title and interest in and to the Properties, together with all improvements situated thereon and all water rights, permits and applications, and reservoir and ditch rights, appertaining or belonging thereto or used in connection therewith, and other appurtenances thereunto belonging. Grantee does hereby accept this deed subject to easements, rights of ways, exceptions and any and all reservations appearing of record affecting any of the Properties and/or rights granted. To have and to hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining to Grantee, and all the estate, right, title, claim and demand whatsoever, of the Grantor, either in law or equity, of, in and to the Properties, together with all improvements situated thereon and all water rights, permits and applications, and reservoir and ditch rights, appertaining or belonging thereto or used in connection therewith, and other appurtenances thereunto belonging. This deed shall extend to, be binding upon, and inure to the benefit of the successors, and assigns of Grantee. STATE OF COLORADO CITY AND COUNTY OF DENVER GRANTOR: GETTY OIL COMPANY By: GRANTEE: GETTY 0 L XPLORATION COMPANY By: ney-i - act riwR The foregoing lost ru t wasA cknowledged before me this O lie day of �,CQA.y , 191Y, by E. kei/yvLQ.�a- to be known to be the erso n executed the f regoing instrument as Vice President of Getty Oil Company. Witness my hand and official seal. Notary Public: My Comission Expires: Address: /14 Ot1»D -V .J O.,C (0 KOi02. The foregoing instrument was acknowledged before me this reit. day of , 1987, by .:u. f`.. civ-- , to be known to be the person who executed the foregoing nstrument as Attorney -in -Fact of Getty Oil Exploration Company. Witness my hand and official seal. Notary Public: My Comission Expires: Address: ..jo I An -.1.,. goal/ 25,/99/ 5n X g a*.d.m.a.G 44 ad.e-.w£f), Cn. 26239 Bn^K 728 ME 31. T6S-R98W Garfield County, CO Section 11: Buck Canyon No. 5 placer claim comprising Tract 49, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, as it may lie in the N/2N/2; Buck Canyon No. 6 placer claim comprising Tract 50, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, and lying in the S/2N/2N/2 and S/2N/2; Buck Canyon No. 11 placer claim comprising Tract 56, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, as it may lie in the N/2N/2: Buck Canyon No. 12 placer claim comprising Tract 57, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, and lying in the S/2N/2N/2 and S/2N/2. Section 12: Buck Canyon No. 11 placer claim comprising Tract 56, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, as it may lie in the N/2N/2. Buck Canyon No. 12 placer claim comprising Tract 57, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, as it may lie in the N/2; Section 14: Tract No. 68, formerly described as the SW/4NW/4, in Deed Recorded Book 257, page 449 of County Records of Garfield County, Colorado, and any part lying in the S/2NW/4NW/4. Section 15: Tract No. 68, formerly described as the SE/4NW/4 and S/2NE/4, in Deed Recorded Book 257, page 449 of County Records of Garfield County, Colorado, and any part lying in the N/2NE/4, S/2N/2NE/4, and S/2NE/4NW/4; W/2NW/4, NW/4SW/4 and NE/4SW/4, aka parts of Tracts 72, 73, 75, and that part of Tract 77-C as it covers any part of the W/2W/2 NW/4SW/4. NE/4NE/4 and SE/4NE/4; aka part of Tracts 72 and 44. Section 16: Section 33: T7S-R97W Section 19: Section 30: SE/4SE/4 (now Tract 110). SE/4SW/4 and W/2SW/4SE/4, aka Tract 51; and SW/4SE/4 and W/2SE/4SE/4, aka Tract 52; and any part of Tract 50 lying in the S/25/25/2SW/4SW/4. W/2 comprising Tract 50 being the 37.19 acres being the NW/4NW/4, and that part of Tract 51 covering the E/2NW/4 and SW/4NW/4; and Tract 55 being the 37.48 acres being the NW/4SW/4; and Tract 56 being the 117.63 acres covering the E/2SW/4 and SW/4SW/4 less Lots 8 and 9; and also Lot 8 being the 1.34 acres in the S/2S/2S/2SW/4; and Lot 9 being the 1.70 acres in the S/2S/2S/2SW/4; Also the W/2NE/4 comprising Tract 52. Section 31: Tract 57 comprising Lots 2, 3 and 4 and the SE/4SW/4, and containing 153.14 acres, and as it may include any part of the W/2SW/4SE/4. Section 32: NW/4, N/2NE/4, SW/4NE/4, NE/4SW/4 and Lots 4, 5 and 6, with Lot 4 aka 41.14 acres being the SE/4SW/4, Lot 5 aka 40.23 acres being the SW/45E/4 and Lot 6 aka the 40.00 acres being the SE/4SE/4. Section 33: N/2NW/4 and Lot 3; with Lot 3 aka 40.00 acres being the SW/4SW/4. T7S-R98W Section 3: SE/4SW/4; SW/4NW/4; and W/2SW/4. -12- T7S-R98W Section 4: Section 10: 6r_K 728 P.BE 82 Garfield County, CO E/2SE/4; Lot 1; SE/4NE/4; and all that part of Lot 2 and of the SW/4NE/4 lying on the easterly side of the center of the channel of Roan Creek, containing 115 acres more or less, with Lot 1 aka 39.93 acres being the NE/4NE/4. NW/4; W/2NE/4; The west 70 acres of the SE/4; A tract of land in the SW/4, described as beginning at the center of said Section 10, said point being marked by the corner of a fence as now constructed and in use and by a stone monument now in place, from which point the section corner common to Sections 10, 11, 14 and 15, T7S-R98W of the 6th P.M., bears S. 44°35' E. 3731 feet, thence on the N. line of the said SW/4 of Section 10, N. 89°36' W. 1485 feet to the easterly bank of Roan Creek, thence along said easterly bank of Roan Creek, S. 29°12' E. 230 feet, thence N. 81°45' E. 180 feet, thence S. 19°00' E. 560 feet, thence 5. 76°50' E. 290 feet, thence S. 43°10' W. 60 feet, thence S. 76°50' E. 70 feet, thence S. 22°45' E. 347 feet, thence S. 63°30' E. 275 feet, thence S. 24°55' E. 168 feet, thence S. 49°55' E. 135 feet, thence 5. 19°45' W. 330 feet, thence leaving the said easterly bank of Roan Creek N. 71°06' E. 257 feet, thence along the east line of said SW/4 of Section 10, N. 0°29' E. 1791 feet to the point of beginning, containing 28.91 acres, more or less; The east 90 acres of the SE/4. Section 11: SW/4SW/4. Section 13: SW/4SW/4. Section 14: N/2NW/4; S/2NW/4; 5W/4; W/2NE/4; W/2SE/4; SE/45E/4. Section 15: E/2E/2; The east 882 feet of the NW/4NE/4, situated south of the County Road, containing 21.16 acres, more or less. Section 23: NE/4; NE/4NW/4. Section 24: NW/4; N/2SW/4; SW/4NE/4; N/2SE/4; SE/4SE/4; S/25W/4; SW/4SE/4. Section 25: NW/4; E/2SW/4; NW/4NE/4; SW/4SE/4; E/2E/2; SW/4NE/4; NW/4SE/4. Section 36: N/2SE/4, SE/4SE/4 and S/2NE/4; NE/4NW/4; N/2NE/4; NE/4SE/4NW/4 as described in Patent Recorded Book 577, page 918, of County Records of Garfield County, Colorado; N/2NE/4SW/4SE/4 as described in Patent Recorded Book 577, page 918, of County Records of Garfield County, Colorado. TSS-R97W Section 3: SW/4SW/4 Section 4: SW/4NW/4; N/2SW/4; SE/4SW/4 and the S/2SE/4; and Lot 4 aka the 39.65 acres being the NW/4NW/4. Section 5: SE/4NE/4; Lot 1 aka the 39.53 acres being the NE/4NE/4. Section 6: Lots 3, 4 and 5; SE/4NW/4; N/2SW/4 aka the NE/4SW/4 and Lot 6 being the 38.59 acres being the NW/4SW/4; SE/4SW/4; SW/4SE/4; with Lot 3 aka the 39.62 acres being the NE/4NW/4 and Lot 4 aka the 37.77 acres being the NW/4NW/4 and Lot 5 aka the 39.25 acres being the SW/4NW/4; -13- B^TK 723 PYRE 33 T8S-R97W Garfield County, CO Section 6: Lots 12 and 14 containing 4.10 acres, as described in Patent recorded Book 577 page 919 in County Records of Garfield County, Colorado. Section 7: NE/4; NE/4NW/4; SE/4; E/2SW/4; Lots 3 and 4, with Lot 3 aka 38.92 acres being the NW/4SW/4 and Lot 4 aka 38.84 acres being the SW/4SW/4. Section 9: NE/4 and E/2NW/4. Section 10: W/2NW/4. Section 17: That part of W/2NW/4 lying in Garfield County, Colorado. Section 18: NE/4NE/4 lying in Garfield County; That part of SE/4NE/4 and W/2NE/4 lying in Garfield County. T8S-R98W Section 12: SE/4. End of EXHIBIT "B" -14- Celt -plicate orCopy of Record STATE OF COLORADO County of Garfield I, Mildred Alsdorf, County Clerk and Recorder in and for said County, in the State aforesaid, do hereby certify that the foregoing is a full, true and correct stripy of a Qui t Claim 74k 1-11.4nd rprnrded 05/11 ••• . .. as the same appears upon the records of my office. Given under my hand and official seal this 8th day of November ,A.D2005, 2:45 o'clockP M Mildred Alsdorf Deputy County Clerk and Recorder 0. •.J • #-. g �:� •o . c% -1 j 0 - 0 T cC a 0 0 - P-.10 Q .0. 0 - O 3. 0 ..: ,C 'C .O C J C .r( .G J 1: r+ C V' ' O U 3 C a.0 >''DP 1. •.4aC 10 J G U G'C .(--(t 0 ..0 O M CZ .r 0 0. u ••' 0 0a 'G 1.1 /: C1 . . '..4 0 . . .�.-: 1J.j!4i P O .N U :'..N 11 G. c1 -0 0 u C .3 O .0 0 }q N .9 'fl W '0 r' 4. V 4:.3 0. 'V O .0 .. 2 c. O V 1-41 1( 5: rJ G O O N0 ,,N, F H n N .U,1 4 N �.. C C. 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G 0 G., h U i1 ^J a "i ::'C -.0 �i w U U >. r'-� u 4: 3 U N H `,'lC -> 0 U CI: a a :J C F '0 . 1+ 1 .;G "'Q F a G• 0 O C .5 :u v. U to 3 :I -I' es fin. n .: C� n F u _ (p •n' U ..:3 r+ U .0 0 4+ C 0 V 0 k' • ti ." 'H„0 q 'pt.. O 9 U ..^. W 1-1 H 11 .` .J✓1 0 i1 i+ V M C .4.4' 4 .030 "::J 241it W IJ C7. c; G..; u 0 ,--' 0- -.J .,c0 . 0 H C:.,ti O w n' h. C-4 .r J u' 0 J O :. J (J..0 .H .^'..O L C 0 Ls/ G 1: 0 1-i, i:,1 'C 1 •°e+.'0 H • a S F - ./.' 1 U F u c..0. C G ,1 '7.-:',, ' Ti 1 0 0 ..4 C. 1.: ' . U �' 7 i .. -.4 r :+ ',;n C '0 C 0 . G - C'O'.X u i1 - i 14. r)Cti17\- EXHIBIT "A" GARFIELD COUNTY O) ce V) m v v ra • L• 1 NO '0 '0 4.4 CI) a-+ Y V Y Y) 'V Y 5,: 1 0 .0 0 O -C G Y '9.0 ....2a-. J J { ' -.1 0 Y _t cli —4 .! C'(11 '.N Jc ca Y N a. +0 CJ -. 4-2 j'pt.. J b\ 24.- = 41 v Tic N\.d N .Cr V V 4-2 G'�N 'p jQav N N LVJ Q'C \a s .OO 2.0 H J '2).O` \rOC\ �ztO W r mW ...WtO \LYy �Iy UW tV .s' _w J c >C (1,2 W w K 0 v It4-- •~ J 2.- \. 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(J \Y =CO acro 0410 5 N O C).-\ N O\\U H U fN E (J }- Vi U S VV1 $-. C-> I --D U! z iS7 CI v.*I.+\ I_ Cn CTT CL 1- C O 0 C 0 N c c O 0 N U Y Y n VI ff 'n -0 V - 'O -oo CU N+ ST+ W v >-, C C 0 T C. c. O C 0 C 0 0 O c O C O C CI 41 r N N C r6 ro\ O C 0 C O C O C O C D es O O O tia N w 00 V -.-0 -tJ u L) L0 C0cr r--. „71- s - en 01 'O es .-- -o a) OO c V - w \ 41( a w y .O r v .O v A v tz O L N l/\ �N 4. 1. 4- S. 4. S.. 4- SW i4- (-) W l�Z S L 0 }, V L U y V L 0 y \ 0' V co N N ro N r H N N /0N n N ^ a)O 0 CI -0 V 0 ra C-1 -0 '00 00 O1 V> A\ 4- 4- 4- 4_ 4- 4- 0 4, N - O O O Lo 0 O �n O ^ O 0 00 7O O n ...1 O L VI en ta 'O 4_, "Fl .n +J -i 41 1= • 1,n IQ Na 4V0 t'rcl W4.. +� U N V U L N U L 0 L \r y Z F- U r0 U ro O ..-i0\ N O ro O 3 v 3 O N 0 ? V V .r..-"- i t) i U Z CI L V L U Z rZ U\ 1 - V) 01 0: 01 CC N 01 O) CC CC 3 L. ....„..0 t o N us >1 �'T cT T cT cT cn c� V) (1) +.+G N c C 0 v C V) C C ^ C ^ C N 4- a1 C y N -. N 0 .. .3 ,, o .7 L aNO N 'L 0 L. O CO L 0 S. 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O N ta_. 4_ 0 3 N \ - p CO .r O O O O.r- O O O O..- O O ..... y 01 O i w p._ Z Zm'0 Zm Zm'O Zm N 2m y CO ea C n0c q.}' i C C N c C rrO C C M C c rr0 C C ro 0 C ro tin 0. >-r tw0 C ro et 3 0 c C p .'- O ,-- 0 .0 O ..- \ Z (p O _ _ 0-00 0 '0 0 C-00 C -0 0 C 0 U Z- L t TI- M CO 'O N 0 .0 (0 0 '0 r 0-0 N 0-0 411 0 .0O 2 NN. 4i Z to r t t 0\.\0.0ro0.r0OOro 0"CI N U'ON 0'00 Nro ro\ \d W' W 0 -000 .400 .5400 S L L L L L L S. L L L S N 0, t-+ L L w3 Z )i 00 .1400 .`4 00 UC V) . V002 Za C SY 0 0 0...)r-• 00,- 00.-• 001- 0 0r =CIO 5-0C CU V,- V Vr N O T v V r-0 UN N N CO CC CCC O 00 0 COmo:0 m0 fo o )--m N F -c N 3+; Z 1.4) T C O 0 0 ti Q CO 6 'O r .-s ^ M CO r 0 0) v 0 ce 1 (ti Y N L U LO m O N CS N Tracts 72 and 44. V N 0 V In 0 «4 N (n S N F -- Y - to v •O O)+1 h -V 'O 111 .0 C C U n 0.) 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O �+O • R N h v 0 N ....1 b w V `}' N o .c O 'p co c w 3 t[) 2 3 Y G (Cr b C O N \ V .b1 Z CI (0 V Cr. •••••• _ `�-_. 0 \ — fI•l M tT .0 n -V 2Ql N� C .'..V C.' z ca �' « m \ - -..\ •- ro no •I.\ V) .0 w � d� 33 a. -t c- m C' M. 0 h d L 2 C� U J ...-N- Gi.. ' W LI o V1 N .-i y tel t ••..c - . ..\ N A a+ p L> a-+ c'• .ae • 3 .61 = N \ O' c V • ti p S �n J b .p O� Oe -o 0 c N ' ...4- a V • .L d. RSM G C Q 4:� p. Lai Cr N N CO N J .Ca) -+G(1:1 V 3 O 0 O w U 3 w CV r w L \ 0 N In J L V .p v) ._ 3 1-. — - W N ATTACHMENT 7 — Emergency Response Plan Chevron *I10 110 MIDCONTINENT BUSINESS UNIT Skinner Ridge / Piceance Basin EMPLOYEE EMERGENCY ACTION PLAN (29 CFR 1910.38) PROGRAM CONTENTS Statement of Policy Emergency Action Plan Scope Elements Alarm system Evacuation Training Appendix A Emergency Contact Numbers Statement of Policy Facility and personnel safety will always take precedenceover maintaining operations. Personnel will not attempt to continue working on or remain at a location if the facility is in an unsafe condition. All personnel are authorized to stop work if an unsafe condition posing an Revised 9/25/2006 immediate hazard occurs. No reprimands will be given if the situation later proves less serious than thought. Hazards of a less serious nature should be brought to the attention of the supervisor who will assess the situation and initiate appropriate action. Under emergency response conditions, or drills, employees are expected to act only in accordance with their training. At no time will any employee place themselves, or allow themselves to be placed, into a life-threatening situation. The following priorities will govern our response to any emergency situation: 1. The safety of employees takes precedence over all other considerations. 2. We will minimize impact on the environment once the safety of all personnel has been secured. 3. We will endeavor to minimize damage to or loss of property and equipment, keeping safety and environmental concerns at the top of our priority list. Emergency Action Plan: Scope: This written plan covers the designated actions employees (Chevron & Contractors) associated with the Skinner Ridge Delineation Project (Pieance Creek/Debeque, Colorado) must take to ensure their safety from fire, bomb threats, gas leaks, severe weather, or other emergencies. Elements: Fires or other emergency situations should be verbally reported to the Chevron U.S.A. Inc. person in charge (PIC) in the field location. If they are unavailable call (307) 783-9428, where appropriate. 9-1-1 should also be called to initiate public emergency response resources to report the incident. In the event that evacuation is required all employees shall evacuate per posted instructions (if applicable) and report to the following designated muster points: Primary Muster Point: Hiner Gate (N39 Deg 32.474 W 108 Deg 19.518 Elevation 5839) Alternate Muster Point: Cowboy Chapel (N39 Deg 29.115 ft, W 108 Deg 19.705 ft Elevation 5506) Field Rally Point: Main Deer Camp approx. 2.1 miles north of Hiner gate on right hand side of road at log cabin. (N39 Deg 34.311 ft, W 108 Deg 20.776 ft Elevation 5985) Note: See attached map. 1 Operator (Person In Charge) is designated to perform a final building check to ensure all temporary/portable office building/s have been evacuated in the event of an emergency. Designated individual/s will then remove the sign -in log and report to the muster point. Muster points will be discussed daily prior to job executions and will be carried over into night time operations should they exist. There are no critical operations at the Skinner Ridge Project/ Field that would require personnel to remain behind and operate. However, to minimize the dangers associated with an emergency, any trained employee may shut off the following energy sources after evacuating temporary office facilitiy/s: Building Energy Type Utility Shut-off Location Temporary On -Site Office — Drilling or test/s location. Electricity- Generator Propane/Diesel fired devices. Posted at entrance to Drilling rig location. Visitors are required to sign a logbook upon entering any field office or location whether permanent or temporary. They will be required to note the time of their arrival, work location, emergency contact numbers (if not already on file) and departure time from the facility. In the event of an emergency, Chevron personnel will use the logbook, verbal communication, cell or satellite phones and/or radios at the muster point to account for all personnel. If necessary, available, pre -designated personnel may initiate a search for any missing person as long as it is safe to do so. For Field Work sites, personnel present on location are noted by crew leaders and supervisors. Emergency muster points are pre -established and should be discussed daily before each job during (JSA) job safety analysis. In the event of an emergency, personnel will evacuate to the designated muster point where a headcount will be conducted. Employees who have been certified in First Aid/CPR and have received Bloodborne Pathogen training may render assistance to injured employees. For further information about this plan, contact the Charlie Eagler (HES Champion) at 307- 799-6314 (cell). If he cannot be reached, please contact George Badovinatz (Operations Supervisor) at 307-799-7217 (cell) / 307-783-3613 (office), Dave Howard (Facility Rep.) at 970-986-9823 (cell) / 970-283-1041 (office), or Fairl Dixon (Field Operations) at 970-379- 6688 (cell) or 254-387-4949 (satellite). Alarm System: The only current active alarms will be designated "drilling rig " alarms and will be noted on 2 the sign in sheet at rig site. Notification of an emergency situation may be given by using either of the following methods: Temporary Office Facility's • Verbally • Company Radio • Telephone/ Cell Field Offices and Field Work Sites • Verbally • Company Radio • Telephone/ Cell Evacuation: Employees shall follow the procedures noted below for evacuation in emergency situations: Emergency Employee Action Bomb Threats Evacuate to the Cowboy Chapel parking lot. Fire/Explosion Evacuate to the Cowboy Chapel parking lot. Gas Leak Evacuate to the Cowboy Chapel parking lot if possible or upwind of leak. High Winds, Thunderstorms or Tornadoes Seek immediate shelter in a non -hazardous location. All -Clear Signal: When employees have been evacuated from any building/s or worksite/s, they may only be re-entered after it has been determined to be safe to do so by the designated on-site "Person in Charge". This may be done in consultation with local emergency responders or Chevron Management as appropriate. The Chevron designated onsite "Person In Charge" shall communicate the all -clear signal verbally to all affected employees. Training: Duties of individuals, trained to carry out the safe and orderly emergency evacuation of the Skinner Ridge Delineation Project Temporary office/s or worksite/s are noted below: Position Duty All Employees Evacuate and assist others in leaving building/s or worksite/s and reporting to muster point. 3 Designated "Person in Charge" Make final sweep of building/s or worksite/s to insure that all rooms or sites are evacuated. Take building/s sign -in log sheet/s to the muster point. Operations Supervisor (or designee) Oversee evacuation, direct additional response as appropriate. Determine when all -clear may be given. Reviews are conducted with employees covered by the plan at intervals noted below. Documentation of each review is contained in the Skinner Ridge temporary office/s located at the current site/s of drilling operations. • Upon employee's initial assignment to the Skinner Ridge Project, employees receive training on this plan. • Whenever the employee's responsibilities or designated actions under the plan change. • Whenever the plan is changed. Documentation of each review is contained in the Skinner Ridge Temporary Office/s located at the Hiner Gate. Building evacuation drills will be conducted in accordance with local fire codes on an annual basis. 4 Appendix A Skinner Ridge Emergency Contact Numbers CHEVRON PERSONNEL Name Title Office Cell Satellite George Badovinatz Operations Supervisor 307-783-3613 307-799-7217 Dave Howard Facility Representative 970-283-1041 307-799-8299 254-387-4267 Fairl Dixon Contract Pumper 970-283-1041 970.379.6688 254-3874949 Chris Bear Facilities Engineering 281-561-3918 832-414-1195 Sean Norris Environmental Specialist 281-561.3687 970.270.7517 Craig Tysse Ranch Manager 281.561.3809 970-623-0418 254-240.5397 .Charlie Eagler HES Champion 281-5614944 307.799-6314 281-582-5243 CHEVRON MCBU Management Name Title Office Cell ager Scott Davis MCBU Vice President 281-561-3713 832-851-9469 Bob Life Rockies / CBM OM 307-7834545 307.799.8131 James Head HES Manager 281-561-3744 713-304-1454 Jim Barnum General Manager 432-687-7161 432-238-9424 Mark Hinton Project Coordinator 281-561.3687 281-989-7229 Nicole Johnson Facilities Team Lead 281.561.3809 713-302-2797 Steve Lastrapes Legal Counsel 281-561-3736 281-797-3748 281-582-5243 MCBU HES Support Staff Name Title Office Cell ager Curtis Hadley HES Champion Lead 281-561-3885 713-598-3769 Randy Golden Sr. Safety Specialist 281-5614854 713-826-1804 Susie Luker Sr. Safety Specialist 281-561-3823 281-851-8890 Dave Vroom Sr. Safety Specialist 281-561-3797 713-851-9251 Lloyd Robison Contractor Safety Specialist 307-789-9323 307-799-8136 Bruce Beynon Environmental Lead 281-561-3689 713-210-9275 Hector Cavazos Hazardous Waste Specialist 281-561-3664 713.598.6096 Pat Shevlin Air Specialist 281-561-3519 713-553-1813 Ken Jackson Regulatory/Permitting 281-561-4991 281-435-0666 Oscar Quiroz DOT/PSM Coordinator 432-366-8801x640 432-238-7071 5 Non -Chevron Assistance Government Agencies, First Aid, and Municipalities Emergency Public Service Company of Colorado Sheriff's Departments Garfield County Mesa County Federal Bureau of Investigation Town of De Beque Town Marshall Town of Parachute Town of Rifle Rifle/Parachute Fire Department Rifle Fire Department Non -Emergency Glenwood Springs Hospital Rifle Hospital Grand Junction Hospital St. Mary's CareFlight BLM To report a fire DEQ Forest Service OSHA COGCC Parachute Office COGCC De Beque Office Weather Services Recorded Weather Worker's Compensation Contract Construction Companies Flint Construction Elkhorn Construction Hyland Enterprise Compression 6 911 (800) 772-7858 (970)-945-0453 (970)-244-3500 (970)-242-8360 (970) 823-5531 (970)-283-5146 (970) 285-7630 (970) 625-2121 911 (970) 625-1220 (970) 945-6535 (970) 625-1510 (970) 244-2273 800-332-4923 (970)-244-3000 (970)-257-4800 (970)-242-8211 (970)-285-9000 (970)-283-8635 (970)-243-7007 (970)-243-0914 (970)-248-7347 970-625-4265 970-625-4180 970-625-8270 ATTACHMENT 8 — Photo Log Photographic Log PHOTO 1 Subject: 36-1 Well Pad Description: Compressor with attached cooler currently staged on 598-36-1; not in operation PHOTO 2 Subject: 36-1 Well Pad Description: 400 -bbl tank and containment structure; tank contains oil and produced water PHOTO 3 Subject: 36-1 Well Pad Description: Flare stack Photographic Log PHOTO 4 Subject: 36-1 Well Pad Description: Meter skid PHOTO 5 Subject: 36-1 Well Pad Description: Separator and enclosure, two 500 -gal tanks and containment structures; tanks contain methanol and engine oil PHOTO 6 Subject: 36-1 Well Pad Description: Two 500 -gal tanks to contain compressor oil and compressor waste oil; not currently in operation Photographic Log PHOTO 7 Subject: 698-28-I Well Pad Description: The proposed pipeline right-of-way will begin at the 698-28-1 well pad PHOTO 8 Subject: Proposed pipeline right-of-way Description: CR 211 crossing in the south half of Section 27 PHOTO 9 Subject: Proposed pipeline right-of-way Description: Photo taken facing west at the CR 211 crossing in the south half of Section 27 Photographic Log 4,,,.. y' �p µ yy •f I. A. .yi ,"tY ![{,- � v; � fps 1F �at� �w 1.4 3 3 j y , �rY".= r''F •`. gyp >e'a�} � �„ t} .k A ate. Lt } %,xS _ 'H. *r !FM 'stere•;.Y .. PHOTO 10 Subject: Proposed pipeline right-of-way Description: Photo taken facing east northeast across Shell Frontier property; the riparian zone through the middle of the photograph is Clear Creek fb 2,;r ►�5: fir, wry Vr Y xrF. a ,� Ni j' y '} S th •15 x�,#�.:.e r, .. PHOTO 11 Subject: Proposed pipeline right-of-way Description: Photo taken facing east northeast across Shell Frontier property; the riparian zone through the middle of the photograph is Clear Creek # f °SSyr I. t _ ., ' r •' :i3r ,�y �8 l , 3' sT 1 `� d' d *�J tiW ( [ i• Ti ]' 3'�' 1 k b {{,,.��'� (( �f � �tx eta++*` 6 .. ;g}1 [ ? .jiA'],..;• [4 Y9i }J;�{, ��yy l :b ''��ib�f Y , ��. f PHOTO 12 Subject: Proposed pipeline right-of-way Description: Photo taken facing south east from the CR 211 crossing in the south half of Section 15 •. �- kr K' ar 11 _'r 1 £r , "-..iii { dA r f � �� Id d # 'rSf aif d 4..`q •'V t I' r f-fi �i r� �,1r rCt t>ta a i � "rte L 6 tq ? / pdfi . S. t f V Q W �,. 1 d y V{�, t}',i . ''. `i7 5z" 7 1tQ •ice yr Photographic Log +r x#? I� a, k,ca ? z r,,y m {�, 4 x �4 �'FJ.Hi.F.3 t a , Y Ra A; (� w � � .au 4fs 1t}F 1• uk r R H fi t7' a A,"`s iS 2 t 21,0& 9 ,� i Y^3` 3 ice --�+ tA`rY'F $ PHOTO 13 Subject: Proposed pipeline right-of-way Description: CR 211 crossing in the south half of Section 15 . w �x *�t¢y' %r u �. t lff F {«i Y PHOTO 14 Subject: Structure near the 698-22-1 well pad Description: Photo taken from CR 2I1, facing east southeast S� tiz 4-.i, �b wksi�1: �. * .. x 4 4 3 + y E :.l� G, 1�y/ta'° �� I ���,� Rte^ Y5'� • { • , : y 'l vk � • rn d `f ��, j �q,� }`�'� SS Y F'd• 1 '¢+ f /. iAry {✓SF r, PHOTO 15 Subject: Structure near the intersection of Deer Park Gulch and CR 211 Description: Photo taken from CR 211,facing east Photographic Log PHOTO 16 Subject: Structure near the Hiner Gate in Section 9 Description: Photo taken from CR 211, facing west northwest