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HomeMy WebLinkAbout1.2 Conditions of ApprovalPage 1 of 5 Fred Jarman From: Amanda Jacobs [ajacobs@cordcomp.com] Sent: Tuesday, December 12, 2006 3:31 PM To: Fred Jarman Cc: Jackson, Kenneth W. (kewj); Bear, Christopher (CBAG); NORRIS, SEAN; timothydobransky@cordcomp.com; Steve Anthony Subject: IRE: Noxious Weed Survey for the Piceance Valley Pipeline Hello Fred, Thank you for all of your assistance on this. Below, you will find demonstrations that each of the conditions of approval have been, or will be, met. I spoke with Ken Jackson this afternoon and he indicated that he would be sending the bond to you this afternoon, or tomorrow morning at the latest. Please let me know if you have any additional questions or concerns. Thanks again, Amanda Jacobs Corc illeran Compliance Services, Inc. From: Fred Jarman [mailto:fredjarman@garfield-county.com] Sent: Tuesday, December 12, 2006 7:39 AM To: Amanda Jacobs Subject: RE: Noxious Weed Survey for the Piceance Valley Pipeline Hello Amanda, I can release the permit once your client has demonstrated that all of the conditions of the approval have been met. They are here for your reference: 1. 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. Additionally, all power sources used in pipeline operations shall have electric motors or muffled internal combustion engines. Any equipment used in construction or operation of the pipeline will comply with the Colorado Oil and Gas Conservation Commission Rules and Regulations, Section 802, Noise Abatement. Additionally, all power sources used in the pipeline operations will have electric motors or muffled internal combustion engines. 2. Pipeline operations shall be located in a manner to minimize their visual impact and disturbance of the land surface. 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. Pipeline operations will be located in a manner to minimize their visual impact and disturbance of the land surface. Facilities will be painted in a uniform, non -contrasting, non -reflective color, to blend with the adjacent landscape. Right-of-way will be located in existing disturbed areas unless safety or visual concerns or other adverse surface impacts clearly dictate otherwise. 3. All access and oversize or overweight vehicle permits shall be obtained from the County Road & Bridge Department prior to beginning operation. Any new roads or intensified 12/12/2006 Page 2 of 5 driveway accesses 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. All access and oversize or overweight vehicle permits will be obtained from the County Road & Bridge Department prior to beginning operation. Any new roads or intensified driveway access created as a result of the pipeline construction, intended to be permanent for maintenance and repair operations will be placed behind a locked gate or other barriers preventing use by recreational vehicles. Any gates or barriers will be consistent with the surface owner's preferences. 4. Revegetation along the pipeline corridor and along the County Road for the crossings shall be required to be approved by Garfield County Vegetation Manager and the ROW restoration will be approved by Garfield County Road & Bridge Department representative. Revegetation along the pipeline corridor and along the County Road for the crossings will be approved by the Garfield County Vegetation Manager and the ROW restoration will be approved by a Garfield County Road and Bridge Department representative. 5. All vehicles working within Garfield County Right of Ways will be licensed and registered in the State of Colorado. All vehicles hauling equipment and materials for the pipeline construction will abide by Garfield County Road & Bridge Departments oversize/overweight regulations. All vehicles requiring an oversize/overweight permit will send a letter showing proof that they can operate under a known bond holder on file with Garfield County Road & Bridge Department before a permit will be issued. All vehicles working within the Garfield County Right of Way will be licensed and registered in the State of Colorado. All vehicles hauling equipment and materials for the pipeline construction will abide by Garfield County Road & Bridge Department oversize/overweight regulations. All vehicles requiring an oversize/overweight permit will send a letter showing proof that they can operate under a known bond holder on file with Garfield County Road & Bridge. 6. A ROW survey showing the pipeline location and a traffic control plan will be submitted to Garfield County Road & Bridge Department prior to starting the project. A ROW survey showing the pipeline location has been submitted to the County as part of the original application. Traffic control will be conducted in accordance with the conditions of the approved Utility Permits issued for the project by Garfield County Road and Bridge in October of 2006. 7. The Applicant shall provide an air permit for the emissions from the in-line heater, i1 necessary. If a permit is necessary, it will be obtained and documentation will provided to Garfield County. Chevron will provide an air permit for the emissions from the in-line heater, if necessary. If a permit is necessary, it will be obtained and documentation will be provided to Garfield County. 8. The Applicant shall provide spring 2006 pre -construction surveys to the County Vegetation Director for review to analyze the presence of noxious weeds along the line. The Applicant shall treat noxious weeds prior to construction activities. Additionally, the Applicant shall install wash stations on site. Please contact us at 625-8601 when the stations are on site. The Applicant has provided an Integrated Vegetation and Noxious Weed Management Plan to the County Vegetation Director for review. It has been agreed upon by Chevron and the County Vegetation Director that the 12/12/2006 Page 3 of 5 treatment of noxious weeds prior to construction activities is impractical at this time, as construction activities will begin in December or January. Management of noxious weeds along the pipeline Right -of -Way will begin post - construction in the spring of 2007. It was also agreed upon by Chevron and the County Vegetation Director that the installation of wash stations on site is impractical due to winter conditions. It is anticipated that construction will be complete by March 1, 2007. 9. The Applicant shall provide the County with a revegetation security for fee lands in the amount of $97,500.00 for 39 acres disturbed. Additionally, the Applicant shall submit the original tags from each seed bag. The seed mix in the Plan shall match the seed mix used in the field. Seed mix containing yellow sweet clover (Melilotus offcinalis) or annual yellow sweetclover (M. indicus) shall not be used. The amount of seed specified to be planted in the Plan shall match the quantity of seed used in the field. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for security release consideration. The Applicant will provide the County with a revegetation security for fee lands in the amount of $97,500.00 for 39 acres disturbed. Additionally, the Applicant will submit the original tags from each seed bag. The seed mix in the Plan will match the seed mix used in the field. Seed mix containing yellow sweet clover (Melilotus offcinalis) or annual yellow sweet clover (M. indicus) will not be used. The amount of seed specified to be planted in the Plan will match the quantity of seed used in the field. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for security release consideration. 10. The Applicant shall provide the County with a digital alignment of the pipeline once constructed in a format readable to the County. The Applicant will provide the County with a digital alignment of the pipeline, once constructed, in a format readable to the County. 11. In no case shall an operator engage in activities which impact Federal or State threatened and endangered species. In no case will Chevron engage in activities which impact Federal or State threatened and endangered species. 12. 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. 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. 13. All operations shall comply with all applicable Federal and State Public Health and Environment, Noise, and Air and Water Quality Control standards. All operations will comply with all applicable Federal and State Public Health and Environment, Noise, and Air and Water Quality Control Standards. 14. Any proposed waste disposal or treatment facilities shall comply with all requirements of the County Individual Sewage Disposal System Regulations. There are no proposed waste disposal or treatment facilities associated with this project. 12/12/2006 Page 4 of 5 15. Should an abandoned pipeline be removed, it will be subject to the original revegetation and weed management requirements in the original application. Should an abandoned pipeline be removed, it will be subject to the original revegetation and weed management requirements in the original application. From: Amanda Jacobs [mailto:ajacobs@cordcomp.com] Sent: Friday, December 08, 2006 2:06 PM To: Fred Jarman Subject: RE: Noxious Weed Survey for the Piceance Valley Pipeline Hi Fred, Will we receive any other permit documentation for the Piceance Valley Pipeline? Thanks, Amanda Jacobs Curdill crap Cerplia„ce 5c vices. Inc. From: Fred Jarman [mailto:fredjarman@garfield-county.com] Sent: Friday, December 08, 2006 12:58 PM To: Steve Anthony; Amanda Jacobs Subject: RE: Noxious Weed Survey for the Piceance Valley Pipeline I am in the loop on this. Thanks. From: Steve Anthony Sent: Friday, December 08, 2006 12:14 PM To: Amanda Jacobs Cc: Fred Jarman Subject: RE: Noxious Weed Survey for the Piceance Valley Pipeline Hi Amanda The weed management plan is acceptable. On condition 8 we requested treatment prior to construction, as you stated on the phone that is not practical at this time, nor is the expectation that a washing station be implemented during the winter. I will forward this to Fred Jarman. Thanks for the plan Steve Anthony From: Amanda Jacobs [mailto:ajacobs@cordcomp.com] Sent: Wednesday, December 06, 2006 8:30 AM To: Steve Anthony; Steve Anthony Subject: FW: Noxious Weed Survey for the Piceance Valley Pipeline Hi Steve, Here is the Integrated Vegetation and Noxious Weed Management Plan for the Chevron Piceance Valley Pipeline Project. Condition 8 of the "Approval with Conditions" states that Chevron must provide this plan to the County 12/12/2006 Page 5 of 5 Vegetation Director. Condition 8 also state that the applicant shall treat noxious weeds prior to construction activities. I read through the attached plan and it appears that treatment of the identified species would be most effective in the spring. But I am a far cry from a weed expert, so I was hoping you would take a look at the Plan and let me know what you think about pre -construction treatment. Thanks, Steve. Please let me know if you have any questions. AmandaJacobs From: Amanda Jacobs Sent: Wednesday, December 06, 2006 8:15 AM To: 'Fred Jarman' Cc: 'Jackson, Kenneth W. (kewj)'; 'Bear, Christopher (CBAG)'; 'NORRIS, SEAN'; 'timothydobransky@cordcomp.com' Subject: Noxious Weed Survey for the Piceance Valley Pipeline Hello Fred, Per Condition 8 of the "Approval with Conditions for the Chevron Piceance Valley Pipeline Project", an Integrated Vegetation and Noxious Weed Management Plan has been developed for the Piceance Valley Pipeline Right -of - Way. The document is attached to this e-mail. Please let me know if you have any questions. Thank you, Amanda Jacobs Staff Scientist Cordilleran Compliances Services, Inc 826 21 1/2 Road Grand faction, CO 81505 P6onc 970163.7800 Fax: 97o163.7456 Mobile: 970.210.1 124 12/12/2006 Chevron Clear Creek 8 Inch Pipeline Integrated Vegetation and Noxious Weed Management Plan Garfield County, Colorado Photo 1. Mt. Blaine at confluence of Clear Creek and Roan Creek. Prepared for: Chevron/Texaco USA Prepared by: WestWater Engineering 2570 Foresight Circle #1 Grand Junction, CO 81505 In Coordination with: Cordilleran Compliance Services, Inc. cheer December 2006 ride Pipeline !VNof 14 Chevron Clear Creek 8 Inch Pipeline Integrated Vegetation and Noxious Weed Management Plan December 2006 Introduction On November 22, 2006, a field inspection of the subject pipeline was conducted by WestWater Engineering (WWE) biologists. The inspection identified appropriate topics for inclusion in an integrated vegetation and noxious weed management plan required by Garfield County Regulation 9.07.04 (13) (BOCC, 2006). Factors considered include soil type and texture, existing land management, absence or presence of listed noxious weeds and likely potential natural vegetation community. Landscape Setting Chevron Clear Creek 8 Inch Pipeline is on the first terrace above Clear Creek and generally follows the creek and road in a southeasterly direction before turning west and climbing the slopes of Mt. Blaine. At the northern terminus, Clear Creek was dry on the date of inspection (Photo 2). Southeast of the northern terminus a few hundred meters, high quality groundwater springs commence surface flow. The stream is lined with watercress, Nasturtium officinale with a heavy riparian deciduous shrub and woodland over story comprised of mountain boxelder, Acer negundo and introduced and naturalized New Mexico locust, Robinia neomexicana (Photo 3). The New Mexico locust has crowded out most native shrubs one would expect such as skunkbush sumac (Rhus trilobata) and willows (Salix spp.). Photo 2. Dry stream bed near north terminus. Photo 3. Clear Creek flowing near mid -point. Terrain is gently sloping to moderately steep. Soils on the pipeline route are cumulic haploborolls in the meadow -forming swales and fans along the creek, Happle very channery sandy loam on moderately steep, brushy toe slopes, foot slopes, fans, and back slopes adjacent to the meadows and Biedsaw on the steep slopes where the route turns westerly to the southern terminus on the slopes of Mount Blaine. Texture of the meadow soil is very fine, sandy loam while the brushy Happle soils are variable but mostly medium texture sandy loam, deep, and well -drained with high permeability. The Biedsaw soil is clay loam or clay, but clay ranges from 35 to 45 percent, silt from 25 to 50 percent, and sand from 15 to 30 percent (NRCS, 2006b). Chevron Clear Creek ti Inch Pipeline (VNW61P Page 2 of 14 Potential natural vegetation for meadows includes basin big sagebrush (Artemesia tridentata tridentata), western wheatgrass (Pascopyrum smithii) and basin wildrye (Leymus cinereus). For moderate, loamy slopes, needle and thread (Hesperostipa comata comata), bluebunch wheatgrass (Pseudoroegneria spicatum spicatum), Indian ricegrass (Achnatherum hymenoides) western wheatgrass, Wyoming big sagebrush (A. t. wyomingensis), and winterfat, (Krascheninnikovia lanata) is expected and was, to an extent, observed during the inspection by WWE. Similar vegetation on the steeper but still moderate, brushy slopes is expected with the Photo 4. Typical natural vegetation. Photo 5. Shrubland near turn to west. addition of bottlebrush squirreltail (Sitanion hystrix) and shadscale saltbush (Atriplex confertifolia). The westerly portion of the route across the slopes of Mount Blaine to the southern terminus has native vegetation dominated by Utah juniper (Juniperis utahensis), pinyon pine (Pinus edulis), western wheatgrass, bottlebrush squirreltail, and Wyoming big sagebrush Photo 1, cover). Current Amount of Infested Land Needing Treatment More than half the route for the pipeline is exposed to or infested with Garfield County and State of Colorado (8 CCR 1203-19) listed noxious weed species (Figure 1 and 2, p. 13 and 14). This is particularly true near Clear Creek along the edge of the deciduous riparian vegetation and meadows and where the pipeline crosses the creek. Species in bold type in Table 1 are Garfield County listed noxious weeds and the others are listed by the State of Colorado as noted. All invasive species observed were noted due to the adverse impact these species may have on reclamation. Additionally, some species not listed in Garfield County are listed in adjacent jurisdictions, e.g., common mullein. Only Garfield County listed weeds are mapped. Table 1. Chevron Clear Creek 8 Inch Pipeline list of noxious weeds. Common Name*/ USDA Symbol Scientific Nante Type** Control Methods cheatgrassc BRTE Bromus tectorum A Plant competitive grasses, limit grazing. chicory CIIN Cichorium intybas P Plant competitive grasses in disturbed areas, be alert, herbicides work best on rosettes. Mowing can reduce an WestWater Enoineer6, Recommended Treatment It is important to know whether the target is annual, biennial, or perennial to select strategies that effectively control and hopefully eliminate the target. Treatment strategies are different WtestWater Engineering Chevron Clear ".reek 8 Inch Pipeline IVN.VMP infestation. Chinese clematisB CLOR Clematis orientalis P same as field bindweed common burdock ARMI2 Arctium minus B Cut and dig rosettes and bolting plants, re -seed with aggressive grasses. Herbicides probably necessary due to widespread infestation and large number of seed -bearing mature plants. common mullein° VETH Verbascum thapsis B same as common burdock cutleaf nightshade' SOTR Solanum triflarum A same as cheatgrass field bindweed° COAR4 Convolvulus arvensis P Herbicides in fall, plant competitive grasses. houndstongue CYOF Cynoglossurn officinale B Re -seed with aggressive grasses, remove at flowering or early seed, dig or grub at pre -bud or rosette stage or apply herbicides. Russian thistle' SATR12 Salsola tragus A same as cheatgrass salt cedar Tamarix ramosissirna P Repeated or historic flooding of bottomlands to prevent seedling establishment; hand pulling seedlings; spray herbicides on basal portion of stems of young, smooth barked plants, cut larger plants and treat cut stumps within 30 minutes with herbicide plus an adjuvant (remove all stems from site after cutting - they will re -sprout if in contact with soil); shade intolerant - promote growth of native riparian species that will shade out the tamarisk. Thistle, Bull CIVU Cirsiurn vulgare B Till or hand grub in the rosette stage, mow at bolting or early flowering; apply seed head & rosette weevils, leaf feeding beetles, cut and bag mature seed heads. Herbicides in rosette stage. Thistle, Canada CIAR4 Cirsiurn arvense P Mowing every 2 weeks over 3 growing seasons, and using parasitic insects, or mowing every 2 or 3 weeks followed by herbicide application in late summer or fall, with combination treatments working best. When using herbicides use a mix with two different modes of action. Re -seeding with grasses only to allow spraying only when using appropriate herbicides. Thistle, Musk Carduus nutans B Tillage or hand grubbing in the rosette stage, mowing at bolting or early flowering, seed head & rosette weevils, leaf feeding beetles, herbicides in rosette stage. Thistle, Scotch OnopordumB acanthium Tillage, hand grubbing, herbicides in rosette stage, mowing at bolting stage. *8 CCR 1203-19, Colorado Department of Agriculture, Bold type on Garfield County list, BState of Colorado "B" list, °State of Colorado "C' list, 'Not currently listed but invasive and problematic in reclamation. Recommended Treatment It is important to know whether the target is annual, biennial, or perennial to select strategies that effectively control and hopefully eliminate the target. Treatment strategies are different WtestWater Engineering Chevron Clear ".reek 8 Inch Pipeline IVN.VMP depending on plant type and are summarized in Tables 2 and 3. Herbicides should not necessarily always be the first treatment of choice when other methods can be effectively employed. Table 2. Treatment Strategies for Annual and Biennial Noxious Weeds Target: Prevent Seed Production 1. Hand grub (pull), hoe, till, cultivate in rosette stage and before flowering or seed maturity. If seeds develop, cut and bag seed heads. 2. Chop roots with a spade below soil level. 3. Treat with herbicide in rosette or bolting stage, before flowering. 4. Mow biennials after bolting stage, before seed set. Mowing annuals will not prevent flowering but can reduce total seed production. Herbicide treatment with two or more herbicide modes of action in fall (after approximately August 15 when natural precipitation is present) is the best method to control difficult perennials such as Canada thistle. The resilience of Canada thistle and its ability to quickly develop immunity to herbicides, particularly those used incorrectly, makes it imperative to use the proper chemicals at the correct time in the specified concentration. Most misuse seems centered around excessive use either in frequency or concentration. This results in mostly top kill and an immune phenotype. Table 3. Treatment Strategies for Perennials Target: Deplete nutrient reserves in root system, prevent seed production 1. Allow plants to expend as much energy from root system as possible, do not treat when first emerging in spring but allow growth to bud/bloom stage. If seeds develop, cut and bag if possible. 2. Herbicide treatment at bud to bloom stage or in the fall (recommended, after August 15 when natural precipitation is present). In the fall plants draw nutrients into the roots for winter storage. Herbicides will be drawn down to the roots more efficiently at this time due to translocation of nutrients to roots rather than leaves. If the weed patch has been present for a long period of time, another season of seed production is not as important as getting the herbicide into the root system. Spraying in fall (after middle August) will kill the following year's shoots, which are being formed on the roots at this time. 3. Mowing usually is not recommended because the plants will flower anyway; seed production should be reduced. Many studies have shown that mowing perennials and spraying the re -growth is not as effective as spraying without mowing. Effect of mowing is species dependent; therefore, it is imperative to know the species and its basic biology. Timing of application must be done when biologically appropriate which is not necessarily convenient. 4. Tillage may or may not be effective. Most perennial roots can sprout from pieces only 1/2" - 1" long. Clean machinery thoroughly before leaving the weed patch. 5. Hand pulling is generally not recommended for perennial species unless you know the plants are seedlings and not established plants. Hand pulling can be effective on small patches but is very labor intensive because it must be done repeatedly. WestWatcr in Ghcv U Inch Fipeliue #t'NWMF Page 5_af S4 Following any non-selective herbicide treatment (e.g. glyphosate), the entire treated portion should be replanted with a mix of grasses recommended in this plan. The seed mix of grasses does not include forbs or shrubs due to the presence of Canada thistle and field bindweed. Shrubs and native forbs and legumes are usually adversely affected by herbicides much as the weeds are affected. Shrub, forb and tree components of the vegetation community can be added after control of undesirable species has been attained. For example, in irrigated meadows, re- planting of the entire meadow with a mix of grasses and non -bloating legumes such as sainfoin, Onobrychis viciaefolia, followed by rest from grazing is recommended. Best Management Practices The following practices should be adopted for any construction project to reduce the costs of noxious weed control. The practices include: • top soil, where present, should be segregated from deeper soils and replaced as top soil on the final grade, • in all cases temporary disturbance should be kept to an absolute minimum, • equipment and materials handling should be done on established sites such as the northern point of origin, • disturbances should be immediately replanted with the recommended mix in the re - vegetation section. • WWE recommends moving the pipeline laterally to keep as much of the route in the meadows and out of the shrubs as possible. It is far easier to manage meadow vegetation than re-establish shrubs and forbs and control weeds in shrubs. In areas with slope greater than 3%, imprinting of the seed bed is recommended. Imprinting can be in the form of dozer tracks or furrows perpendicular to the direction of slope. When hydro - seeding or mulching, imprinting should be done prior to seeding unless the mulch is to be crimped into the soil surface. If broadcast seeding and harrowing, imprinting should be done as part of the harrowing. Furrowing can be done by several methods, the most simple of which is to drill seed perpendicular to the direction of slope in a prepared bed. Other simple imprinting methods include deep hand raking and harrowing, always perpendicular to the direction of slope. Herbicides: Difficult species respond better to application of a combination of two or more chemical modes of action (biological reason for plant death) rather than one. Local certified commercial herbicide applicators report best control of Canada thistle using a combination of modes of action. It has also been found that use of two different groups of chemicals in the same mode of action can increase effectiveness on difficult species, e.g. phenoxys and benzoic acids or carboxylic acids and benzoic acids in a mix. Some come commercially pre -mixed, e.g. Crossbow and Super Weed -be -Gone Max which are available over the counter. Some of the most effective herbicides are restricted use and available only for licensed applicators. Professionals or landowners using herbicides must use the concentration specified. Herbicides generally do not work better at higher concentrations. Most herbicide failures observed by WeStWater Engineering Chevron Clear Creek e Inch Pipeline IVN1 WWE are related to incomplete control caused by high concentrations killing top growth before the active ingredient can be transported to the roots through the nutrient relocation process. Most herbicide applications should use a surfactant as directed on the herbicide label or other adjuvants as called for on the herbicide label. Grazing: There is currently heavy grazing on much of the pipeline route as evidenced by plant utilization observed on 11-22-2006. Initial observations indicate areas currently open to cattle grazing harbor the greatest distribution, diversity and density of weeds. Grazing should be controlled in a manner to enhance rather than diminish the plant community. Certain noxious weeds are highly palatable during short stages of the life cycle to certain grazing animals including goats, sheep, mule deer, elk, cattle and horses. Preparation and implementation of an appropriate grazing management plan should be considered. Photo 6. Severe meadow erosion. Mechanical: It is recommended senescent, seed -bearing, listed weeds on the route and adjacent to the route be cut, bagged and disposed of in a licensed landfill. Rosettes can be cut with a shovel below the Photo 7. Typical meadow with burdock. Photo 8. Seed bearing burdock. Photo 9. Seed bearing musk thistle. V'estWater gngineormg Chneroe Clear Creek V inch Pipeene lvw"'u WIF F cite Photo 10. Houndstongue rosette. Photo 11. Scotch thistle rosette. surface of the soil on plants which are not yet dormant. Even with some seed drop, cutting and bagging will greatly reduce seed release. Future need to do mechanical or other control methods should be reduced after only two seasons of cutting and bagging. Alternative Methods: Some noxious weeds are subject to damage from beneficial insects. Included are Canada thistle stem mining beetle, Ceutorhynchus litura, Canada thistle bud weevil, Larinus planus, musk and plumeless thistle rosette weevil, Trichosirocalus horridus, Canada thistle stem gall fly, Urophora cardui, and thistle defoliating beetle, Cassida rubiginosa, which feeds on the foliage of Canada, musk, and plumeless thistles (Sullivan, 2004). Currently, the thistles present are not of sufficient density, in the opinion of W WE, to support populations of insect parasites. Therefore it is unlikely these insects would be helpful unless explosive spread and growth occurs after the pipeline is constructed. The bindweed mite, Aceria malherbae, is a microscopic mite imported from southern Europe as a biological control agent for field bindweed (Hammon, 2006). According to recent anecdotal information it may be a very effective control for bindweed on pipeline route. This mite may be useful for reducing field bindweed. Another alternative method, particularly for cheatgrass infestations and poor to non-existent topsoils in the Utah juniper woodlands on Mt. Blaine, is the application of vesicular-arbuscular mycorrhizal fungi (V/AMF). These fungi, mostly of the genus Glomus are symbiotic with about 80% of all vegetation. Endo-mycorrhizal fungi are associated mostly with grasses and forbs and ecto-mycorrhizal fungi are associated mostly with trees and some shrubs. In symbiosis, the fungi increase water and nutrient transfer capacity of the host root system by as much as several orders of magnitude (Barrow and McCaslin, 1995). Over-the-counter commercial products, which are better adapted to coating seeds when reseeding and treating roots of live seedling trees and shrubs at time of planting come in powder and are available from many different sources. Some applicators, including a New Castle company, collect and grow local accessions of V/AMF. The latter are applied to weed patches and are Pipeline IVNWMF reputed to greatly increase competition of native plants with Canada thistle in particular thereby affecting a non -chemical control of some noxious weeds. Revegetation Soil types on the property support many of the same species of native vegetation. As stated previously, the recommended mix is limited to grasses due to the prevalence of field bindweed and the need to use selective herbicides to spot treat for perennial Canada thistle and field bindweed, biennial common burdock, bull, scotch, and musk thistle. Table 4. Recommended Seed Mix for Drilled or Hydro -seed Rate for Chevron Clear Creek 8 Inch Pipeline Scientific Name/Seeds per Pound Common Name/Preferred Cultivar No. PLS/Ft' % of Mix by PLS Wt. Application Rate Lbs PLS/acre Achnatherum hymenoides 140,000 Indian ricegrass/ Paloma* 4 12.5 1.25 Hesperostipa comata comata 115,000 Needle and thread 4 15 1.5 Pascopyrmn smithii 140,000 Western wheatgrass/ Arriba* 10 31 3.1 Pseudoroegneria spicata spicata 140,000 Bluebunch wheatgrass/ P7 10 31 3.1 Sitanion hystrix 192,000 Bottlebrush squirreltail 4 10 0.90 Poa canbyi 925,000 Canby bluegrass/ Canbar 4 0.5 0.19 TotalPLS 36 FTt 100 10.04 Lbs. PLS/AC *WWE recommends accepting no other Cultivar for this site. Heritage Program, 1998. (NRCS, 2006a , Colorado Natural Seeding rate should be doubled for broadcast application. Preferred seeding method is multiple seed bin rangeland drill with no soil preparation other than simple grading to slope and waterbars. Seed should be bagged separately so each size group of seed can be metered at the appropriate rate. Applying a quarter pound over an acre with a species such as canby bluegrass is difficult and may require use of wheat bran or rice hulls or some other adjuvant to assist metering the small seeds at the appropriate rate. Alternative seeding methods include but are not limited to: • harrow with just enough soil moisture to create a rough surface, broadcast seed and re - harrow, preferably at a 90 degree angle to the first harrow, • hydro -seeding (most economical in terms of seed cost), and Westtniater Engined' lino IVNWMP Page 9 of 14 • hand raking and broadcast followed by re -raking at a 90 degree angle to the first raking. • These are not the only means of replanting the site. However, these methods have been observed to be effective in similar landscapes. Upon successful control of target species and establishment of grasses, shrubs, forbs and trees can be planted without concem for herbicide damage. Few native forb seeds are available commercially as cultivars. Most are collected from natural populations. Native shrubs and forbs often do not establish well from seed, particularly when mixed with grasses. Past experience has shown that stabilizing the soil with grasses, accomplishing weed control and then coming back to plant live; containerized woody species in copses has been the most cost effective method for establishing the woody species component of the plant community. Life Cycle and Management Calendars Figure 1 is a 2 year calendar for control and life cycle of biennial thistles. It is also appropriate to control of common burdock and common mullein. One column which should be added is cutting of rosettes which can be done any time during growing. Figue 1. Life Cycle and Management strategies for biennial thistles. Herbicide Application Hartzler, 2006. Table 5 is a calendar of strategies and when to undertake them specifically for Canada thistle. Table 5. Canada thistle management calendar Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Active Growth X X X X X X X Bio -Control (Grazing) X X Mowing X X Herbicide Application X X X X Adams County Cooperative Extension Service, 2003 Chevron Clear Creek E Inch Pipeline iVNWMP Poi, 1U of 14 Table 6 is for other listed noxious weed species present in the pipeline route. Table 6. Life cycle and management calendar for other 'April May June (rosettes I bolting noxious weeds July I flowering germination I Aug Sept t Nov Dec I_1_1��_1 I I I--> I--> I--> 1 I !Species Type* [Jan Feb 'March !Chicory IBIL IL germination IHoundstongue IB rosettes L--> prebud 'flowering- seed set IA = annual; WA = winter annual; B = biennial; P = perennial; CP = creeping perennial (Shaded areas indicate best control timing. Commercial Applicator Recommendations A certified commercial applicator is a good choice for initial control efforts. An applicator has the full range of knowledge, skills, equipment and experience desired when dealing with Canada thistle and other difficult vegetation. A reputable local company, Julius Ag, Andy Julius, Certified Applicator's License No. 11210, Julius Ag, 2169 I-70 West Frontage Road, Debeque, CO 81630, 970-379-6917 has the experience and knowledge necessary for success. Reclamation farming with multiple seed bin range drills and related equipment is also available through Julius Ag. An alternative applicator using V/AMF and other natural products locally is: Alpha Natural, Inc., 1808 Road 245, New Castle, CO 81647, 970-984-2467. Common chemical and trade names may be used in this report. The use of trade names is for clarity by the reader. Inclusion of a trade name does not imply endorsement of that particular brand of herbicide and exclusion does not imply non -approval. Certified commercial applicators will decide which herbicide to use and at what concentration. Landowners using unrestricted products must obey all label warnings, cautions, and application concentrations. The author of this report is not responsible for inappropriate pesticide use by readers. References Adams County Cooperative Extension Service. 2003. Managing Canada thistle. Colorado State University Cooperative Extension. Brighton, CO. 2 pp. Barrow, J.R., and Bobby D. McCaslin, 1995. Role of microbes in resource management in arid ecosystems. In: Barrrow, J.R., E.D. McArthur, R.E. Sosebee, and Tausch, Robin J., comps. 1996. Proceedings: shrubland ecosystem dynamics in a changing environment. Gen. Tech. Rep. INT -GTR -338. Ogden, UT: USDA, For. Serv., Intermountain Res. Sta., 275 pp. WestWater Engineering Chevron Clear Creek Is Inch Pipeline IVNWMPP Colorado Natural Areas Program. 1998. Native Plant Re -vegetation Guide for Colorado. Caring for the Land Series, Vol. III, State of Colo., Div. Parks and Outdoor Rec., Dept. Nat. Res., Denver, 258 pp. Board of County Commisssioners, 2006. Garfield County zoning resolution of 1978, amended October, 2006. Building and Planning Department, Glenwood Springs, CO, 78 pp. Hammon, Bob, 2006. Managing Field Bindweed with the Bindweed Mite Aceria malherbae. Cooperative Extension Service, Colorado State University, Fort Collins. URL: http://www.coopext.colostate.edu/TRA/PLANTS/index.html#http://www.coopext.colostate. edu/ TRA/PLANTS/bindweedmite.html Hartzler, Bob, 2006. Biennial thistles of Iowa. ISU Extension Agronomy. URL: http://www.weeds.iastate.edu/mgmt/2006/iowathistles.shtml Natural Resource Conservation Service (NRCS), 2006a. The PLANTS Database (http://plants.usda.gov, 7 September 2006). National Plant Data Center, US Department of Agriculture, Baton Rouge, LA 70874-4490 USA. NRCS, 2006. Web Soil Survey, US Dept. of Agriculture. URL: http://websoilsurvey.nrcs.usda.gov Sirota, Judith, 2004. Best management practices for noxious weeds of Mesa County. CSU Cooperative Extension Tririver Area. Grand Junction, CO. URL: http://www.coopext.colostate.edu/TRA/PLANTS/index.html#http://www.coopext. colostate.edu/ TRA/PLANTS/bindweedmite.html State of Colorado, 2005. Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act, 35-5-1-119, C.R.S. 2003. Department of Agriculture, Plant Industry Division, Denver, 78 pp. Sullivan, Preston, G. 2004. Thistle control alternatives. Appropriate Technology Transfer for Rural Areas, National Sustainable Agriculture Information Service, Fayetteville, AR, 9 pp. Chevrer, Clear Greet, R Incl: Pip line IVNWM CAN04, CYOF Legend • Weed Point Locations Plants (See Table 1) ® ARM12 ni ARMI2 CANU4, CIAR4 CYOF, TARA 1l ARM, CYOF L_J CANU4 CANU4, CIVU, CYOF 1111 CANU4, CYOF CIIN If: CYOF P pel ne BLM Figure 1 Chevron/ Texaco U.S.A. Inc. Clear Creek 8 Inch Pipeline Weed Survey - December 2006 Miles 0 0.25 0.5 1 RMI2, CYOF A _. RMI2,;CYOF Legend • Weed Point Locations Plants (See Table 1) ARMI2 l 1 ARMI2, CANU4. CIAR4. CYOF, TARO ARMI2. CYOF CANU4 CANU4, CIVU. CYOF CANU4, CYOF - CIIN CYOF Pipeline BLM I I I 1 Figure 2 Chevron/ Texaco U.S.A. Inc. Clear Creek 8 Inch Pipeline Weed Survey - December 2006 Miles 0 0.25 0.5 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS COLORADO/GUNNISON BASIN REGULATORY OFFICE 400 ROOD AVENUE, ROOM 142 GRAND JUNCTION, COLORADO 81501-2563 Regulatory Branch (200675460) Chris Bear Chevron U.S.A. 11111 S. Wilcrest Houston, Texas 77099 Dear Mr. Bear: November 9, 2006 RECEIVED NOV 2 8 2006 GARFIEL p COUNTY BUILDIN p „�.. �... T LANNING .lam NC GARF BUILDIN(' I am responding to your November 1, 2006, email request for a Department of the Army permit for a Chevron pipeline crossing of Clear Creek. This project involves activities, including discharges of dredged or fill material, in waters of the United States to construct a buried pipeline crossing. This site is located north of DeBeque on Clear Creek within the NE 1/4 NW 1/4 of Section 22, Township 5 South, Range 98 West, Latitude 39° 31' 23", Longitude 108° 19' 2", Garfield County, Colorado. Based on the information you provided, the proposed activity is authorized by Nationwide Permit (NWP) Number 12. Your work must comply with the general terms and conditions listed on the enclosed NWP information sheets and the following special conditions: 1. Construction activities should occur during dry or low flow periods within Clear Creek. If construction activities will occur in "live water", a cofferdam may be required and you must contact our office to coordinate such temporary dewatering activities prior to project construction. 2. To document post -project construction conditions, you shall submit post -construction photos of the project site along with a signed Compliance Certification (copy enclosed) to this office within 30 days after completion of the work. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Page 1 of 1 Fred Jarman From: Iarryanddeemccown [Iarryanddeemccown@starband.net] Sent: Monday, November 06, 2006 2:53 PM To: Fred Jarman Subject: RE: Chevron Pipeline - Administrative Review If the appropriate permits are obtained I have no problems with the permit From: Fred Jarman [mailto:fredjarman@garfield-county.com] Sent: Monday, November 06, 2006 12:31 PM To: Iarryanddeemccown@starband.net; Tresi Houpt; John Martin Subject: Chevron Pipeline - Administrative Review Greetings, Attached is an administrative review for a pipeline which now has the 14 day review for call up or appeal by the Applicant. As always, if two of you wish to pull it up for review, let me know. Best regards, Fred 11/6/2006 Chevrons December 12, 2006 Garfield County Building & Planning Department 108 8th Street Suite 401 Attn: Mr. Fred Jarman Glenwood Spring, Colorado 81601 Re: Vegetation Bond Piceance Valley Pipeline Garfield County Colorado Kenneth W. Jackson Regulatory Specialist Mid -Continent Bussiness Unit Chevron North America Exploration and Production Company 11111 S. Wilcrest Houston, Texas 77099 Tel (281) 561-4991 Fax (281) 561-3702 Dear Mr. Jarman: Please find enclosed the Vegetation Security for the Piceance Valley Pipeline. If you have any questions or need any additional information please call me at (281) 561-4991. Thank you for assistance in this matter. Sincerely, Kenneth W. Jackson Enc. Bond No. 103312829-0011 RECLAMATION (REVEGETATION) BOND KNOW ALL MEN BY THESE PRESENTS, that the undersigned Chevron U.S.A. Inc. as Principal and Travelers Casualty and Surety Company of America as Surety are held and firmly bound unto Board of' County Commissioners of Garfield County, Colorado, as Obligee in the penal sum of Ninety Seven Thousand Five Hundred & No/&00 ($97,500.00)for the payment of which, well and truly to be made the said principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has applied for a Pipeline Right of Way Permit and the Garfield CountyVegetation Director has required a Revegetation bond securing Principal's performance under the Garfield County Weed Management Plan and the Principal's "Rehabilitation Plan — Chevron Piceance Valley Pipeline" as a condition of approval of the Pipeline Right of Way Permit, all as more specifically set out in the Garfield County's Building and Planning Department Determination Letter dated November 6, 2006. NOW, THEREFORE, if such permit is granted and if the Principal shall faithfully perform its duties under the terms of the permit, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, that if Surety shall so elect, this bond may be cancelled as to subsequent liability by giving thirty (30) days notice in writing to both the Principal and Obligee. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals this 8th day of December, 2006. The effective date of this bond is December 8, 2006. (Seal) (Seal) Chevron U.S.A. Inc. By: R.E. Lee, Assistant Treasurer Travelers Casualty and Surety Company of America By: Katherine G. Zean, Attorney-in-fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss County of SAN FRANCISCO On DEC. 8, 2006 before me, T. England Date Name an NOTARY PUBLIC Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared Katherine G. Ze Name(s) of S rounian T. ENGLAND 7"' Commission N 1657153 z ea > Notary Public - California g _ torr Orange County My Comm. Explr•Is Apr 9, 2010 Place Notary Seal Above igner(s) ❑ perso ❑ prove eviden nally known to me to me on the basis of satisfactory e to be the subscribed t acknowledged the same capacity(ies), signature(s) on th the entity upon be acted, executed the person(s) whose name(s) is/are o the within instrument and to me that he/she/they executed in his/her/their authorized nd that by his/her/their instrument the person(s), or half of which the person(s) instrument. WITNESS my hand an OPTIONAL Though the information below is not required by Mw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. official seal. Signature of tary P ublic Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Name Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporation Officer -- Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 1999 NationaFNotary Msaiaeon• 9350 De Soto Ave., PD. Box 2402 Chatsworth. CA913132402• www.nalionalnotary.org Prod. No. GEO/ Reorder: Call Toll -Free 1800-819-6827 STPAUL ww TRAVELERS WARN!' 'HIS POWER OF ATTORNEY IS INVALID WITHOUT THE P POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 217314 1ORDER St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 000957342 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John T. Lettieri, Mark Roppo, Paul Rodriguez, Katherine G. Zerounian, and Tom Branigan of the City of San Francisco State of California their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their -business of .guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or penkfe&in arw6ons o,(pibceedings allowed by law. IN WITNESS WHEREOF, the Compe anies nies have caused this instn ieit}t>b Juday of x •V4 Farmington Casualty Com'pany Fidelity and Guarantyfnsbranceitompany Fidelity and Guaranty Insu?ece Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 19th corporate seals to be hereto affixed this St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. By: *'4 4 orge W oompson, Sena President On this the 19th day of June 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-6-06 Printed in U.S.A. ` kairth C. j./L Marie C. Tatreault, Notary Public WARNING' THIS POWFR OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT ca a.t.a. .,..t wt .a a< at w o w -O..a.t-cats. At A va0 i N N w 4.= .at 0< w es State of California Countyo Cort Cos ticL. OnV.)1t Die personally appeared before me, A,-. ol.r ?IT Olt Name and The of Officer (e.g., "Jane Doe, Notary Public" �2-E-LEE & t ci r,. Name(s) of Signer(s) ANDREW A. TOMERSON Commission # 1632640 Notary Public - California z 5 Contra Costa County My Comm. Expires Jan 20, 2010 Place Notary Seal Above ersonally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: �\ y'� Signer(s) Other Than Named Above: " / tom— r Lys_{ 10-_.) 2 ) to Capacity(les) Claimed by Signer(s) Signer's Name: R • E - Le � . ❑ Individual tis s st r%I- Corporate Officer — Title(s): %e a :Kral. -- • Partner Kra^'Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Ct, L4J l- Zn r RIGHT THUI OF SIG PRINT R Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): D Partner — ❑ Limited ❑ General ❑ Attorney in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUI OF SIG PRINT R Top of thumb here 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CERTIFICATE OF INCUMBENCY I, �aZ,t* F7 le/ , Assistant Secretary of Chevron U.S.A. Inc. (hereinafter called the "Corporation"), a Pennsylvania corporation, DO HEREBY CERTIFY that the persons whose name, title, and signature appear below hold, on the date of this Certificate, the office set opposite his/her name, and that the signature appearing opposite his/her name is a copy of his/her genuine signature. Office Name Signature Assistant Treasurer R. C. Gordan Assistant Treasurer R. E. Lee Assistant Treasurer J. D. Lyness Assistant Treasurer S. H. Peth Assistant Treasurer H. B. Sheppard Deputy Authorizing Officer A. E. Hollingsworth Deputy Authorizing Officer J. H. Metzger WITNESS my hand of said Corporation on this ELL(CERT777.doc) AUG 12006 Assistant Secretary RIGHT-OF-WAY EASEMENT FOR AND IN CONSIDERATION of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, in hand paid to Shell Frontier Oil & Gas Inc. whose mailing address is P.O. Box 576, 200 N. Dairy Ashford Road, Houston, TX 77001, (hereinafter referred to as GRANTOR), the receipt and sufficiency of which is hereby acknowledged, by Chevron U.S.A. Inc., whose mailing address is P.O. Box 36366, Houston, TX 77236, its successors and assigns, (hereinafter referred to as GRANTEE), GRANTOR hereby grants, sells, conveys and warrants to GRANTEE a permanent easement, fifty (50) feet in width, for the purpose at any time and from time to time to lay, locate, construct, maintain, inspect, alter, repair, operate, protect, change the size of, replace, relocate, mark, remove and/or abandon in place, multiple lines and appurtenances, equipment and facilities useful or incidental thereto, including, but not limited to, valves, metering and corrosion control equipment, and any above -ground appurtenances, as may be necessary or convenient, for the transportation of fiber optic cable, water, natural gas, petroleum, petroleum products, liquids and derivatives thereof, upon and along a route to be selected by GRANTEE on, over, across and through lands owned by GRANTOR, or in which GRANTOR has an interest, situated in Garfield County, State of Colorado described as follows: Sections 22 & 27, Township 6 South, Range 98 West In addition to the fifty (50) feet permanent easement area as defined above, GRANTOR grants to GRANTEE a temporary easement seventy-five (75) feet in width for the purpose of enabling GRANTEE to initially construct the pipeline. After the post -construction cleanup following the initial pipeline construction, the permanent easement area shall be limited to a strip fifty (50) feet wide as referenced above. The permanent easement, located on the above described lands is generally described on Exhibit "A" attached hereto and made a pari hereof. Exhibit "A" attached hereto is not intended to show the final location of the easement or pipeline as actually constructed; the actual location of the easement will extend twenty-five (25) feet on each side of the centerline of the pipeline as actually laid. GRANTOR further grants and conveys unto GRANTEE the right of unimpaired ingress and egress on, over, across and through the above-described lands including other lands owned, leased or claimed by GRANTOR which are adjacent thereto or contiguous therewith for all purposes necessary or incidental to the exercise of the rights herein granted, with the further right of entry to maintain the easement herein granted clear of trees, undergrowth, brush, structures, and any other items, to the extent GRANTEE deems necessary in the exercise of the rights granted herein. GRANTEE shall not be liable for damages caused by keeping said easement clear of trees, undergrowth, brush, structures, or any other obstructions. GRANTEE agrees to compensate GRANTOR for loss or damages caused by GRANTEE, its agents or employees to persons, property or livestock, including that of its surface lessee, if any. GRANTEE shall have the right to select, change, and/or alter the right-of-way easement through the property above described or alter the route prior to or during construction with the consent of the GRANTOR which will not be unreasonably withheld or delayed. GRANTOR shall have the right to use and enjoy the above-described premises; provided however, GRANTOR shall not exercise Page 1 of 4 such use and enjoyment in a manner that will impair or interfere with the exercise by GRANTEE of any of the rights herein granted. GRANTOR shall not to change the grade over the pipeline constructed hereunder and shall not build, create, construct, or permit to be built, created, or constructed, any obstruction, building, lake, engineering works, or any other type of structure over or on said easement without advance written consent of GRANTEE. All equipment or appurtenances to the pipeline, which shall be on or above the surface of the ground, shall be installed in a manner to protect the GRANTOR'S livestock when necessary. GRANTEE agrees that during construction of said pipeline, livestock crossings will be provided where necessary. Further, all fences that must be severed or removed for installation and maintenance will be reinforced prior to severing adjacent to where the cut is made to prevent damage to the fence line. Temporary gates to preclude the escape of GRANTOR'S livestock shall be installed where necessary. All fences that are cut or removed shall be restored in as good a condition as existed prior to installation of the pipeline. GRANTEE agrees at the time of construction to bury said pipeline to such depth as will not interfere with lands under cultivation, and in accordance with applicable Federal and State regulations. Following installation of the pipeline (s), GRANTEE agrees to restore the ground as nearly as is practicable, to its condition prior to the installation of the pipeline (s) and in accordance with Federal regulations. GRANTEE shall pay taxes, assessments or public charges levied or imposed upon its Easement or upon other personal property, improvements or fixtures owned or placed by it within the Easement subject to its right to contest same, provided that in no event shall Grantee permit its Easement to be sold for tax purposes. In the event said taxes, assessments or public charges are not separately assessed, then promptly following written notice from Grantor, Grantee shall reimburse Grantor for any taxes, assessments or public charges attributable to its Easement. GRANTEE shall, at its sole expense, keep the lands subject to the easement granted herein free and clear of all liens and encumbrances resulting from GRANTEE'S and its agents' activities on the said lands and shall indemnify and hold harmless GRANTOR from and against any and all liens, claims, demands, costs, and expenses, including, without limitation, reasonable attorneys' fees and court costs, in connection with or arising out of any work done, labor performed, or materials furnished with respect to or by GRANTEE and/or GRANTEE'S agent. GRANTEE, its consultants, agents, employees, successor and/or assigns warrant and agree that they will comply with any and all Laws, ordinances, orders, rules, regulations, standards and licensing requirements of any state, federal, municipal or local authority or agency having jurisdiction, now in force and effect or which may be passed, enacted, issued, revised, required or later promulgated, incident to or arising out of or in any way connected with Grantee's utilization of the Easement or any activity conducted under, pursuant to or by virtue of the Agreement. Grantee agrees that it will not discharge, dump, bury or store for purposes of treatment or disposal, pollutants of any kind on the Easement including, but not limited to, pollutants such as oil, chemicals, toxic substances or materials, hazardous wastes or hazardous substances, including pollutants as the same may be defined, now or in the future, in any federal, state, or municipal laws, rules, regulations or ordinances. Grantee specifically agrees to fully Page 2of4 indemnify and hold Grantor harmless from and against all claims, demands, losses, costs of removal and/or clean up of pollutants, judgments, causes of actions, fines, penalties, costs, including, but not limited to, reasonable attorney's fees and costs of court, arising out of or connected with Grantees noncompliance with the terms of this Agreement. It is expressly made a condition of the Easement that if GRANTEE, its successors or assigns, shall abandon the Easement or any portion of said Easement for the stated purposes of the Easement, then and in the event, all the rights herein granted shall cease and terminate with respect to the Easement so abandoned, and the title to said Easement shall be freed from the burden of said Easement; and it is further agreed that nonuse of the Easement or any portion thereof for the purposes of said Easement for the period of Twenty-four (24) consecutive months along with an intent to abandon shall constitute an abandonment. In the event of an abandonment of the Easement, GRANTEE shall execute and record a re -conveyance and release and deliver to GRANTOR the recorded instrument evidencing that the title to the Easement so abandoned is free and clear of the burden of said Easement and free and clear of liens, encumbrances, clouds upon or defects in the title to said Easement created or permitted to be created by GRANTEE. Surviving any termination, it shall be Grantee's obligation to restore and reclaim all land affected by Grantee's activities to the extent required by applicable law or regulation or to its equivalent prior condition, whichever is greater, including, but not limited to, the removal of facilities. At a minimum, the affected area shall be re- contoured and re -seeded with Natural Resources Conservation Service approved seed in a manner to prevent erosion. Notice under this Agreement may be made by one Party to the other in writing by United States mails or be delivered in person to the following addresses: Shell Frontier Oil & Gas Inc. P.O. Box 576 Houston, TX 77001 Attn: Keith Etzel Chevron U.S.A. Inc. P.O. Box 36366 Houston, TX 77236 Attn: Land Manager The contact information for either party hereto may be changed by giving written notice of an address change to the other party at its then current address for notice under this agreement. This Easement shall be governed by and construed in accordance with the laws of the State of Colorado, to the extent said laws do not conflict with any other federal statute. TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns, so long as the right and easement herein granted, or any one of them shall be used by, or useful to GRANTEE for the purposes herein granted and the provisions of this agreement are to be considered a covenant that runs with the land herein described. The easement and rights herein granted may be transferred, leased or assigned, from time to time, in whole or in part. It is agreed that any payment due hereunder may be made direct to said GRANTOR, Section 1445 Certification — Under penalties of perjury, the undersigned Grantor(s) hereby certifies that it (they) is (are) not a non-resident alien, foreign corporation, foreign partnership, foreign trust Page 3 of 4 or foreign estate for purposes of U.S. income taxation. EXECUTED as of this day 511‘of bc4Q ger , 2006. Shell Frontier Oil & Gas Inc. 1,‘66- Its: vfl Its:`t F0.L Chevron U.S.A. Inc. By: C_ zrallata Its: Attorney -in -Fact STATE OF TEXAS ) )ss: COUNTY OF t/S ) �r1"� This instrument was acknowledged before me on this /,21 1 day of (� fl')j+vv 2006, by G b. FYr c h, / . , the Attorney -in -Fact of Chevron U.S.A. Inc., on behalf of said corporation. MY COMMI Date: / STATE OF TEXAS ELAINE J. GRABER Notary Public, State of Texas My Commission Expires September 30, 2002 )ss: COUNTY OF Aar r;$ tary Public i siding at: I This instrument was acknowledged before me 2006, by g.D.Gr;.c;n Frontier Oil & Gas Inc., on behalf of said corporation. MY COMMISSION EXPIRES Date: (9-14-0-7 GAYLE KACAL _ Notary Public, State of Texas My Commission Expires June 14, 2007 and for said State and County on this Ski- day of Dc-+° r , the hi -iv rneriAn-firm of i4uoLY)0-e Shell Notary Public in and for said State and County Residing at: tvvus-I-or. Tit Page 4 of 4 EXHIBIT SW -CAR. SEC.IS - r TM. R98#Y 4; I 1924 CLO BO _ /f N SR 398 22-1 SH FRO S2 COR.,f C.15, TSS, R98W SHELL FRONTIER: h 21 S COL SEC.22 TBS, RBBW 1914 MARC xv H .SE COR. SEC22. , T85 R9BW 11,,,,e 1924 IXA 8C *7902 LF. OF PROPOSED RIGHT OF WAY 26 GETTY'<OIL CO. c/o CHEVRON/TEXACO U.S.A. INC. Y ISR 898 28-2- / SR 888 7-i • 1�-1 1* SHELL ONTIER PROPOSED RIGHT OF WAY ON SI-IELL FRONTIER LOCATED IN SECTIONS 22, & 27, TOWNSHIP 6 SOUTH, RANGE 98 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO CONST UC JON eURvs•r&, JJ 0012 StNIZISE aLvD. co 8162 (910)816-5153 URVEYED: ALL: i" = 1500 DRAETED: 09-20-0 DWG: SR-PROP- 8PL CHECKED: SHEET: 1 o CORDILLERAN October 12, 2006 Mr. Jake Mall Garfield County Road & Bridge Department 0567 County Road 352 PO Box 426 Rifle, CO 81650 826 21 '/2 Road Grand Junction, CO 81505 T: 970.263.7800 F: 970.263.7456 PFCFE OCT j. 6 2005 CAH,' ; 0 COUNTY WILDING 8, PLANNING RE: Utility Permit Number GRB06-U-130 and Utility Permit Number GRB06-U-129 Dear Jake, Enclosed, you will find signed copies of Utility Permits GRB06-U-130 and GRB06-U-129 for Chevron USA. The completion date, as we discussed earlier today, has been revised to reflect Chevron's current schedule, which estimates completion by February 1, 2007. If additional conditions are necessary due to the later completion date, please communicate them to me in writing so that I may relay the information on to Chevron. Please let me know if you have any concerns or questions. Thank you. Sincerely, Amanda Jacobs Staff Scientist Cordilleran Compliance Services, Inc. Enclosures: Utility Permit Invoice and Form for Permit Number GRB06-U-130 Utility Permit Invoice and Form for Permit Number GRB06-U-129 Check in the amount of $312.00 Cc: Sean Norris, Chevron USA Lee Parker, Chevron USA Tim Dobransky, Cordilleran Compliance Services, Inc. Fred Jarman, Garfield County Building and Planning Cordilleran File No. 6346 Cordilleran Compliance Services, Inc. Grand Junction, CO • Denver, CO • Casper, WY • Laramie, WY • Lander, WY Environmental Consulting Engineers and Scientists Garfield County Road and Bridge Department P.O. Box 426 Rifle, CO 81650 Phone -(970)6258601 Fax- (970)625-8627 Utility Permit Invoice Invoice Number: GRB06-U-130 Invoice Date: 10/2/2006 Bill To: Chevron Sr Texaco 2704 204 Road DeBeque CO 77099 Utility Permit Number: GRB06-U-130 Utility Permit Footage: 24 Utility Permit Fee: Footage times $.25: $150.00 $6.00 Total Due: $156.00 Please Remit Payment, Promptly, to the Above Address. Thank You! 10 391Vd 39QIia GNV Qtloa L2985Z9 91:ZZ 900Z/10/0t -41:Garfield County Construction Permit for Installation of Utilities in Publie Right-of-Ways Applicant Name: Chevron & Texaco Address; 11111 S Wiriest PO Box 36366 Boonton, CO 77099 Permit Number: GRB06-U-130 Type of Installation: Open Road Cut Purpose: Open Cut feagth of Installation: 24 feet County Road: 211 Nearest Intersection or Address: 211 204 Distance bora Istersection or Address: 1.3 mi Directlou from Intersection or Address: North Side of Road: Full Road Width tea/o/ C� Estimated Construction Schedule: Start: 10/2/2006 Finbh 1144 z` Request for permission to make the above installation at the location specified is hereby granted, subject to the following terms, conditions and special provisions: 1. It is understood that the Applicant will cause the installation to be made at no expense whatsoever to Garfield County and that the Applicant will own and maintain the installation upon completion of work 2. The Applicant shall maintain the installation at aU times and agrees to hold harmless the County of Garfield and its representatives, agents or employees from any and all liability, loss and damage which may arise out of or be connected with the installation, maintenance, alteration, removal or presence of the installation above described or any work or facility connected therewith, within the area covered by this permit. v2///o 3. The entire utstallation repairs and clean up shall be completed prior to: ilflt20U67 S/ 4. The traveling public shall be protected during the installation with proper warning signs or signals both day and night, and warning signs and signals shall be Metalled by and at the expense of the Applicant and in accordance with directions given by the Board of County Comnsissioners or their representative. No open trench sball be permitted in the traveled roadway after dark, unless otherwise specified in the Special Provisions below. 5. If the Board of County Commissioners so requires, Applicant shall mark the installation at the designated locations in a manner acceptable to the Board of County Commissioners or their Representative. 6. In the event any changes are made to this county road in the future that would necessitate removal for relocation of this installation, Applicant will do so promptly at its own expense upon written request from the Board of County Comrnissioners. The County will not be responsible for any damage that may result in the maintenance of the county road to installation placed inside Public Right -of -Ways Limits. 7. Applicant will be required to shut off lines and remove all combustible materials from the right-of-way when requested to do so by The Board of County Commissioners because of necessary rad masnnhctian or tuaintenance operations. Where the installation crosses the roadway, it shall be encaaed ht pipe of larger diameter and the crossing shall be as nearly perpendicular to the roadway as physically possible, This installation shall be Stalled by the method of boring or jacking through beneath the road surface: however, open ort shag be allowed up to the edge of the unlaced portion of the county road No water shall be used in the boring, and no tunneling shall be permitted. If boring is not successful then arrangements should be established with the County kr possible excavation ittet hods. 9. Where the installation crosses any ditches, canals or water carrying structures, wherever possible it shall be pushed through and beneath a pipe of larger diameter thereby eliminating the necessity of trenching with a minimum bury of 4 foot In no case shall the flow of water ever be Impaired or interrupted, without arrangements having been made with the effected water company or ditch association. 8. 10. The installation must be accomplished to accordance with accepted good practices and conform to the recommendations of the National Electric Safety Code and to such Colorado panes as are applicable. The above-described Open Read Cwt shall ZF1 39Vd 39QIN9 (INV AVON LZ985Z9 9I:ZZ 900Z/T9/9T be installed beneath the surface of the right-of-way at a minimum depth of 6 ft and the disturbed portion of the right-of-way will be restored to its original condition. Any backfilling in the roadway shall be made in six-inch lifts and mechanically tamped and packed and the last twelve inches of beck811 shall be of stable granular material such as crushed rock or gravel. 11. Applicant shall be responsible for any repairs to roadway or rightof--way necessitated by the installation. 12. Applicant's installation shall be made at a location mutually agreed upon by Applicant and the Board of Commissioners or their representative, and in accordance with details and specifications shown on the construction plans, a copy of which shall be furnished to Garfield County. 13. Applicant shall inform the Board of County Commissioners of construction methods, equipment and operational procedures that will be utilized and shall obtain the occurrence of the Board of County Commissioners. 14. Applicant shall advise the Board of County Commissioners or their representatives at least 48 hours in advance of the time 4 which work on the installation will commence. 15. Any materials from excavation as the result of the installation will be removed from the road way surface each day. 16. Under no condition is an asphalt surface to be out unless otherwise specified in the attached Special Provisions 17. Where reference is made herein to the representative of the Board of County Commissioners, such representative shall be the Mania Road Supervisor, unless otherwise specified in writing by the Board of County Commissioners. 18. This permit shall be valid during the estimated construction schedule set forth above. Neither the Owner, nor the Applicant shall conduct any work pursuant to this permit at anytime other than that set forth in the estimated construction schedule. IN THE ROADWAY BE'T'WEEN THE DITCHES 95% COMPACTION, BETWEEN DITCH AND FENCE LINE 85% COMPACTION. TRENCHLINE INSIDE ROADWAY, LAST LIFT NEEDS TO BE 2 n. OF CLASS 6 ROADBASE. APPLICANT WILL DE REQUIRED TO MAINTAIN THE AREA WHEREIN UTILITY INSTALLATION IS MADE PUKING CONSTRUCTION AND TWO YEARS AFTER COMPLETION DATE. IT WILL BE THE APPLICANT'S RESPONSIBILITY, WHEN REQUESTED, TO SUPPLY AT THE APPLICANT'S EXPENSE, COMPACTION TESTS AND RESULTS OF TESTS FORM A LICENSED PROFESSIONAL ENGINEER. Special ProvWoas: 1. For road bore, road bore win be attempted 3 times before and open road cut will be permitted or boring tool S stuck. Permit holder will contact person issuing persdt prior to emitting road surface. 2. InstaWtlous within In the County Right -of -Way over 1000111a length require a survey and 'OCC Approval and as - built upon completion. 3. Type of BaekflD: Roadbase If back fill is road base or excavated material, backfIU will be compacted to 93% with water to include shoulders, drainage ditches and pits used for read bore. All rocks 10 inches or larger will be removed from site. No wet material removed frost; excavation will be used for back'''. 4. Asphalt Replacement: False. If true, asphalt will be 4 inches of hot compacted &spitslt. Asphalt will be saw cut 2 feet larger than excavation area. Replacement of asphalt will be 1 minimum width the sin of the cut or full road width if the cat crosses the centerline of road. S. Replacement of Magnesium Chloride Surface: Fable. If true, person hsuing permit will give specification an replacement. The length of the rood surface damaged by utility lnstaliatloa will require replacement. This will include the hauling of equipment and materials. 6. Certified Traffic Required? True 7. Work Zone Signs Required? False (1 • presentative of the Board of County Commissioners of Garfield County, Colorado 39QIN8 GNV (MON 1298939 91:33 9003/10/01 In accepting this permit, the undersigned, representing the Applicant, verifies that be has read and understands all of the foregoing provisions: that be has the authority to sign for and bid the Applicant and that by virtue of his signature, the Applicant, is bound by all the conditions set forth herein. THE COUNTY DOES NOT VERIFY THAT THERE IS AN EXISTING COUNTY OR PUBLIC RIGHT-OF-WAY WITHIN TO PLACE PROPOSED UTILITY. THE APPLICANT IS RESPONSIfI£ FOR VERIFYING THE EXTCENCE OF ALL NECESSARY RIGHT-OF-WAY FOR THE PLACEMENT OF THE UTILITY. Utility Permit Applicant: —_S --c-7 e Chevron Texaco 170 39dd Mc:IRE GNti QVDd LZ985Z9 9T:Z3 900Z/T0/0T Garfield County Road and Bridge Department Special Provisions for Excavation of Road Surface and Installation Utility Fermft Number: GRB0641•130 Applicant: Chevron & Texaco Inspector: Jake Mall Sub-Contractor:TBD 1. Any oversized material (larger thea 10 inches in diameter) that is not utilized in backfill will be removed from site by Applicant. Further, Applicant will remove any frozen material from site. 2. When a paved or chipped surface is cut, it is to be replaced with a minimum of three (3) inch hot mix asphalt patch. A temporary patch with cold mix asphalt would be allowed, which would be replaced with hot mix asphalt when the weather or availability of materials allows the work to be completed. An asphalt or chipped surface cut would 'epuha the road to be straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will require a seal coat of the patch that will be full width or half width of roadway when tranches nut with the road. For trenches across the road, the edges of the seal coat will overlap the existing edge. All Seal coats will overlap edges by a two -foot minimum to insure adequate seal over the undisturbed portion of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be completed in a maximum of five working days, weather permitting. 3. When possible, all installations should avoid the top edge of a fill slope. 4. installation in drainages subject to flash flooding will have a minimum bury of four feet deep that normal flow line at nearest abutment, wing wall, or culvert. 5. Installations at culvert crossings will be boded beneath the culvert with a minimum separation of 18 inches between installation and the bottom of the culvert. 6. Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the working area of the trench, and shall be barricaded with warning devices after dark. A 3 foot high orange plastic fence will be installed daily to keep livestock out of the open trench attar hours. 7. in areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling, and mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed. Use only certified weed -five seed. Noxious weed control will be ongoing along with re -vegetation. 8. The Applicant should check the right-of-way of surrounding landowners to see if other permits are required, I.E., BIM, Forest Service. ' Garfield County Representative Chevron & Texaco 90 39t1d 39GINE (INV avoi LZ989Z9 9I:ZZ 9002/I0/0I Garfield County Road and Bridge Department P.O. Box 426 Rifle, CO 81650 Phone -(970)625-8601 Fax- (970)625-8627 Utility Permit Invoice Invoice Number: GRB06-U-129 Invoice Date: 10/2/2006 j 90 3EJ d Bill To: Chevron & Texaco 2704 204 Road DeBeque , CO 77099 Utility Permit Number: GRB06-U-129 Utility Permit Footage: 24 Utility Permit Fee: $150.00 Footage times $.25: $6.00 Total Due: $156.00 Please Remit Payment, Promptly, to the Above Address. Thank You! 394IJH 4Nd UVOJ LZ985Z9 9T:ZZ sen/10/01 Garfield County Construction Permit for installation of UtAities in Public Right -of -"Ways Applicant Name: Chevron & Texaco Pernik Number: GR13O6-1.1-129 Address: 11111 S Wicrest/ PO Box 36366 Houston, TX 77099 Type of Installation: Open Road Cut Purpose: Open Cut Length of installation: 24 feet County Road: 211 Nearest Intersection or Address: 211, 204 Distance from Intersection or Address: 3.2 mi Direction from Intersectton or Address: North Side of Road: Pull Road Width O a/o/ auo i Estimated Construction Schedule: Start: 10/2/2006 Ptah f-1y.�-. Request for permission to make the above installation at the location specified is hereby granted, subject to the following terms, conditions and special provisions: 1. It is understood that the Applicant will cause the Installation to be made at no expense whatsoever to Garfield County and that the Applicant will own and maintain the installation upon completion of work 2. The Applicant shall maintain the installation at all times and agrees to hold harmless the County of Garfield and its representatives, agents or employees from any and all liability, loss and damage which may arise out of or be connected with the installation, maintenance, alteration, removal or presence of the installation above described or any work or facility connected therewith, within the area covered by this perw%t. 0.2/0%007 3. The entire installation repairs and clean up shall be completed prior to: *IRR006r� 4. The traveling public shell be protected during the installation with proper warning signs or signals both day and night, and warning signs and signals shall be installed by and at the expense of the Applicant and in accordance with directions given by the Board of County Commissioners or their representative. No open trench shall be permitted in the traveled roadway after dirk, unless otherwise specified in the Special Provisions below. 5. If the Board of County Commissioners so requires, Applicant shall mark the installation at the designated locations in a warmer acceptable to the Board of County Commissioners or their Representative. 6. In the event any changes are made to this county road in the flare that would necessitate removal for relocation of this installation, Applicant will do so promptly at its own expense upon written request from the Board of County Commissioners. The County will not be responsible for any damage that may result in the maintenance of the county mad to installation placed inside Public Right -of -Ways Limits. 7. Applicant will be requited to shut off lines and remove all combustible materials from the right-of-way when requested to do so by The Board of County Commissioners because of necessary road construction or maintenance operations. 8. Where the installation crosses the roadway, it shall be encased in pipe of larger diameter and the crossing shall be as nearly perpendicular to the roadway as physically possible. This installation shall be installed by the method of boring or jacking through beneath the road surface: however, open curt shall be allowed up to the edge of the surfaced portion of the county road. No water shall be used in the boring, and no tunneling shall be permitted If boring is not successful then arrangements should be established with the Cotmty for possible excavation methods. 9. Where the installation crosses any ditches, canals or water carrying structures, wherever possible it shall be pushed through and beneath a pipe of linger diameter thereby eliminating the necessity of trenching with a minimum bury of 4 foot. In no case shall the flow of water ever be impaired or iatemrpted, without arrangements having been made with the effected water company or ditch association. 10. The installation must be accomplished in accordance with accepted good practices and conform to the recommendations of the National Electric Safety Code and to such Colorado statues as aro applicable. The above-described Open Road Cat shall IA itr1 aFRTNR (NNW nrinN LZ98939 91:33 9003/10/01 be installed beneath the surface of the right-of-way at a minimum depth of 6 and the disturbed portion of the right-of-way will be restored to its original condition. Any backfilling in the roadway shall be made in six-inch lifts and mechanically tamped and packed and the last twelve inches of backfill shall bo of stable granular material such as crushed rock or gravel. 11. Applicant shall be responsible for any repairs to roadway or right-of-way necessitated by the installation. 12, Applicant's installation shall be made at a location mutually agreed upon by Applicant and the Board of Commissioners or their representative, and in accordance with details and specifications shown on the constmetion plans, a copy of which shall be furnished to Garfield County. 13. Applicant shall inform the Board of County Commissioners of construction methods, equipment and operational procedures that will be utilized and shall obtain the occurrence of the Board of County Conunissioners. 14. Applicant shall advise the Board of County Commissioners or their representatives at least 48 hours in advance of the time at which work on the installation will commence. 15. Any materials from excavation as the result of the installation will be removed from the road way surface each day. 16. Under no condition is an asphalt surface to be cut unless othctwise specified in the attached Special provisions 17. Where reference is made herein to the representative of the Board of County Commissioners, such representative shall be the District Road Supervisor, unless otherwise specified in writing by the Board of County Commissioners. 18. This permit shall be valid during the estimated construction schedule set forth above. Neither the Owner, nor the Applicant shall conduct any work pursuant to this permit at anytime other than that set forth in the estimated construction schedule. IN THE ROADWAY BETWEEN THE DITCHES 95% COMPACTION, BETWEEN DITCH AND FENCE LINZ 85% COMPACTION, TRENCH:In INSIDE ROADWAY, LAST LIFT NEEDS TO BE 2 Ft Or CLASS 6 ROADBASE. APPLICANT WILL BE REQUIRED TO MAINTAIN THE AREA WHEREIN UTILITY INSTALLATION IS MADE DURING CONSTRUCTION AND TWO YEARS AFTER COMPLETION DATE. IT WILL BE THE APPLICANT'S RESPONSIBILITY, WHEN REQUESTED, TO SUPPLY AT THE APPLICANT'S EXPENSE, COMPACTION TESTS AND RESULTS OF TESTS FORM A LICENSED PROFESSIONAL ENGINEER. Special Provbioos: 1. For road bore, road bore will be attempted 3 times before and open road cut will be permitted or boring tool is stuck. Permit holder will contact person issuing permit prior to cutting road surface. 2. Installations within in the County Right -of -Way over 10001t in length require a survey and BOCC Approval and as - built upon completion. 3. Type of Backfill: Roadbase If back fill is road base or excavated material, backfill will be compacted to 95% with water to Include shoulders, drainage ditches and pits used for road bore. AO reeks 10 inches Or larger will be removed from alts. No wet material removed from enema= will be rued for baekflL 4. Asphalt Replacement: False. If true, asphalt will be 4 inches of hot compacted asphalt. Asphalt will be saw cut 2 feet Wier thou excavation area. Replacement of asphalt will be 1 lane Maintain width the she of the cut or full road width if the eat crosses the centerline of road. S. Replacement of Magnesium Chloride Surface: False. H true, person Issuing permit will give specification on replacement. The kngth of the road surface damaged by utility Installation will require replacement This will Include the hauling of equipment and materials. 6. Certified Traffic Required? True 7. Work Zone Signs Required? False a Re; ''en : ve of the Board of County Commissioners of Garfield County, Colorado 80 39tid 390IJH UNI avow LZ989Z9 91:ZZ 9002/I0/0L In accepting this permit, the undersigned, representing the Applicant, verities that he has read and understands all of the foregoing provisions: that he has the authority to sign for and bid the Applicant; and that by virtue of his signature, the Applicant, is bound by all the conditions set forth herein. THE COUNTY DOES NOT VERIFY THAT THERE IS AN EXISTING COUNTY OR PUBLIC RIGHT-OF-WAY WITHIN TO PLACE PROPOSED UTILITY. THE APPLICANT IS RESPONSIBLE FOR VERIFYING THE EXITENCE OF ALL NECESSARY RIGHT-OF-WAY FOR THE PLACEMENT OF THE UTILITY. Utility Permit Applicant RR 'aflt(I gnfTNA riNH fihf1N /60///a2 006 Chevron )7.99G7.9 9T:7.7 9RR7./TR/RT Garfield County Road and Bridge Department Special Provisions for Excavation of Road Surface and Installation Utility Permit Number: GRB06-U-129 Applicant: Chevron & Texaco Inspector; Jake Mail Sub-Coutractor:TBD 1. Any oversized material (larger than 10 inches hi diameter) that is not utilized in backfill will be removed from site by Applicant. Further, Applicant will remove any frozen material gams site. 2. When a paved or chipped surface is cut, it is to be replaced with a minimum of three (3) inch hot mix asphalt patch. A temporary patch with cold mix asphalt would be allowed, which would be replaced with hot *nix asphalt when the weather or availability of materials allows the work to be completed. An asphalt or chipped surface cut would require the road to be straight cut and squared by means of a pavement cutter or saw. A chipped surface cut will require a seal coat of the patch that will be full width or half width of roadway when trenches run with the road. For trenches across the road, the edges of the seal coat will overlap the existing edge. All Seal coats will overlap edges by a two -foot minimum to insure adequate seal over the undisturbed portion of the roadway in the vicinity of the excavation. Asphalt hot mix or cold patches will be completed in a maximum of five working days, weather permitting. 3. When possible, all installations should avoid the top edge of a 611 slope. 4. Installation in drainages subject to flash flooding will have a minimum bury of four feet deep that normal flow line at nearest abutment, wing wall, or culvert. 5. Installations at culvert crossings will be buried beneath the culvert with a minorum separation of 18 inches between installation and the bottom of the culvert. 6. Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the wadding area of the trench, and shall be barricaded with warning devices after darn. A 3 .bot high orange plastic fence will be installed daily to keep livestock out of the open trench after hours. 7. In anew being disturbed where vegetation is established, reseeding with a mixture either by broadcasting, drilling, and mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be performed Use only certified weed -tree seed. Noxious weed control will be ongoing along with re -vegetation. 8. The Applicant should check the right-of-way of surrounding landowners to see if other permits are required, I.U., BLM, ti.....",t Service. Garfield County Representative /c ,;2(/ c h Chevron it Texaco 0L 39t1d 39QINH UNry avo L398539 9T:33 9002/TO/OL Fred Jarman From: Jim Sears Sent: Monday, October 09, 2006 10:27 AM To: Fred Jarman Subject: Piceance Valley Pipeline & 36-1 Compressor Station Fred: After review of the Chevron USA, Inc., Development Plan for Pipeline referral form (dated 10/6/06), the Garfield County Sheriff's Office has no comments. James H. Sears Emergency Ops Commander Garfield County Sheriff's Office 1