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1.0 Application
Crescendo Energy, LLC Entrada Pipeline Special Use Permit Case Narrative. 1. Please submit, in narrative form , the nature and character of the Special Use requested . Submit plans and supporting information (i.e . letters from responsible agencies). Include specifications for the proposed use including, but not limited to , the hours of operation , the number and type of vehicles accessing the site on a daily, weekly and/or monthly bas is, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use , and provisions for electric power service and any other proposed utility improvements. Be specific. Crescendo E nergy, LLC (Cresc endo ) has a cquired a private ri ght-of-wa y (ROW) fr om the land o wner a nd a Bureau of Land Man agem e nt (BL M) ROW g rant under Se cti on 28 of the Mineral Le as in g Act of 1920 , (CO C-68 2 36 ) as am e nd ed , t o a utho ri ze the co ns tru ction , op eration , and maintenance of a 6-inch diameter natural gas pipeline a nd re late d fac ilities in Garfi e ld County, Colo rad o . A grant is pending fro m th e BLM in G rand County, Utah . T he pipe line would transp ort ex is tin g and future unprocesse d natural gas to th e South Can yon Co mpressor Stati on. The es tim ated vo lume is up to 8000 mmscf/d . T he p ro po sed pipe line will parallel existing pipeline and road corrido rs wher e c ons truc tio n permits . T hi s re quest fo r a Spe cial Use Permit is fo r the pur pose o f in s talling an d operat in g a 6 inch, hi gh pressure natu ra l gas pipe line a cro ss private (AIR/RD) and Federal prope rty w ithin Garfield County. The pip eline will be buri ed a long th e entire l ength of the Col ora d o portion with the excepti on of ae ri a l cro ssings over perennial s tream c hannels where nec essary. Ther e are no res idences lo cated within a fi ve mile rad iu s of the ROW. T he h ours of operati on during the constructi on of the pipeline are 6 d ays a wee k , 12 hours per day until co nstructi on i s complete. T he anti c ip ated constru cti o n schedul e is 90 days. The antic ip ated traffi c access in g the s ite on a dail y bas is during con structi o n is estimated at 25 vehicl es per day. Upo n comp le ti on of the pipe line, anti cipated traffic ac cess is one to five ve hicles pe r month fo r inspectio n a nd any repair or maintenan ce activities. No structures are to be built in conjunc tion with t hi s pi peline. Surface features whi c h will be in stall ed includ e valv es a nd pipeli ne p igging uni ts a lon g wi th required pipeline location m arkers . N o el ectri c power o r other utili ty imp rovements ar e neede d or pro p ose d fo r thi s project. 2. If you will be using water or will be treating wastewater in conjunction with the proposed us e , please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well wat er , please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the propos e d use . Water will be used for the purpose of ust contra during the construction of the p ipeline and for the purpose of Eiydros atic pressure testiag of th e line prior to operation. The water source is through a permit (C001) with the te ater Conservancy Dis riet in Grand Junction , Colorado . The hydrant is located at the 10 Ro ad & Hwy6/50 Fill Station in Mack, Mesa County, Colorado. Upon completion of the construction of the pipeline, there will be no water used or treated on the project. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. Attached is a scaled map showing the location of the pipeline within Garfield County and the location of the private NR/RD property which the line will cross. The nearest Garfield County road is GCR 201. As this proposed pipeline follows an existing pipeline ROW, the necessary access roads are already in existence and no new access is proposed. 4. Submit a vicinity map showing slope I topography of your property, for which a U.S.G.S. 1 :24,000 scale quadrangle map will suffice. See attachment for #3 above. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. Attached is a copy of the appropriate Garfield County Assessors Map showing the property boundary with BLM. The property owners are: 1.) Subject Site, Parcel #243104400001 Flanigan Family Investments, LLC, 904 E Stanford Avenue, Englewood, CO 80110 2.) All adjacent property owner within 200 feet of subject site, BLM, Grand Junction Field Office, 2815 H Road, Grand Junction, CO, 81506 6. Submit a copy of the deed and a legal description of the subject property. Attached is a copy of the Assignments of Rights-Of-Way for the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. Attached is a copy of a signature authorization letter from Crescendo Energy, LLC. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. No ater service is proposed o r will be provided to the proj ect. Sanitation facilities (Port- . -P~l will be supplied during th e construction activities and removed following completion of the project. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use ; No street improvements are planned for the project. County Roads will be maintained and left in the same or better c ondition as they are currently . o_u o_ty road c ross ing permits will be acqu ire a as necessary to complete the project. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utili zed areas , access points , lighting and signs in such a manner as to protect established neighborhood character; There will be no impacts to surrounding land uses which are not already covered in th e BLM permit. No screen fences or landscape feature s are proposed for the project as none exist on the subject site or the surrounding land use areas. No light ing or changes in the existing neighborhood character are planned . Signage will consist of required underground utility markers placed within visual distance from each other along the length of the pipeline . 9. Depending on the type of Spe cial Use Pe rmit requested , you may need to respond to additional review standards in th e Garfield County Z oning Resolution Section 5.00 [Supplementary Regulations]. This may includ e uses su c h industrial uses [section 5.03.07 & 5.03 .08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations , etc. Specific sections of the Zoning Resolution which can be located on th e Garfield County web s ite at http://www.garfield- county .com/building and planning/index.htm. or information can be obtained from this office 5.0 3.07 Ind ustri al Operat ions: Indu st ria l Operati ons, includin g ext racti on, process ing, fa bri cat ion, ind ustri a l supp ort fac ilities, min e ral was te di spo sa l, sto rage, sanita ry landfill , sa lvage yard , ac cess rout es and utili ty lin es, sha ll be pe rmi tted , prov id ed: (I ) The appli cant fo r a permit fo r in d ustri a l opera ti ons shall pr epare a nd submit to th e Pl annin g Di rector ten (I 0) co pi es of an imp act stat ement on the proposed use desc ribin g its loc ati on, sco pe, des ign and constru cti on sc hedul e, includin g an ex pl anati on of it s opera t ional ch aracteri st ics . One (I) co py of the impact statement shall be fil ed with the Co un ty Co mmi ssioners by the Plann in g Dir ector. The imp act statement s hall address the fo ll owin g: (A) Ex istin g lawful use of water th roug h depleti on or po llu tion of surface run -off, stre am fl ow or groun d wa ter; Water will be purchased from Ut e Wate r C o11servancy O'stric a nd used fo du s t contra a nd hydrnsta tic testin o n thi s proj ~t (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration , or other emanations; The proj ect will be conducted under a Colorado Department of Health General Construction Permit. (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of exi sting native vegetation, blockade of migration routes, u se patterns or other di sruption s; Impacts to wildlife and domestic livestock will be minimized by the use of passages which will allow unimpeded access across the pipeline during construction. Following construction the pi · · I b 6 ri and the ground s urface restored so that no barrier to travel wi ll be encountered. Re eg~ti o n o the ROW will be com 11 e te during o ptimum pl a nting and germin at n periods fo r seed m ixes . (D) Affirmatively show the impacts of truck and automobile traffic to and from s uch uses and their impacts to areas in the County; Currently the Gar fie ld Co n cy.-Road De pa rtme nt does not ma inta in the existing county roads in the area. Traffic from this project will not change the character of these roads for the worse. In the event the road surfaces need to be maintained to allow access to the project, Crescendo Energy, LLC may coordinate ma intenance efforts with other energy operator in the area to optimize the efforts. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); The abutting pro perty is BLM ground for which a ROW Grant has been issued . The proposed project will enter th e subject s ite from the BLM property on the east, cross the s ubj ect property within a ROW easement , and exit the s ubject property onto BLM ground on the so uth. (F) Mitigation measure s proposed for all of the foregoing impacts identified and for the stand ards identified in Section 5.03.08 of this Resolution Mitigation efforts for referenced standards and all forgoing impacts will be implemented as necessary a nd required by law. (2) Permits may be granted for tho se u ses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilit ation must be approved by the County Commissioners before a permit for conditional or special use will be issued; ._.,,...,..A>ROW: wj lL.b~re co ntoured to pre const~uction co ndit\ons. The surface of the disturbed area will then be disked or narrowed and a eed mi xture required by BLM range management speciali sts will drilled or broadcast and harrowed into the soil. R._e._vegeta tion efforts will be co du ct ed'during a sea son in which the hi g hest probability otseed germin atio n a nd pl ant s urv ival will be o bta in e d. (B) The County Commissioners may require security before a permit for s pecial or conditional us e is issued, if required. The appl icant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount ca lculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A. 93-061) 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. Attached is a check to Garfield County for the application fee of $400.00 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. Two copies of this application and project narrative have been submitted to the Garfield County Planning and Zoning Department. 30 ,_., ~ ' ' I ' ' I !1" ·= ~I(., ~1~ :.-.1::: <o~ ~1~ ' c ' ' ~ 164 1; * 12" E o.·.,; I ' "' J < ·\ ~ ' • (?~ , i· I / i(; -,) •"'" ~ i ".' ' \,1 __ :.I, Name: JIM CANYON Date: 2/21/2005 n: "' 0: 'a. (, ¥A)\ :/, --~}· , -·------~ ----- $1J8 Scale: 1 inch equals 3077 feet "' "- "' .. ,_,. \ >_ U.> ' ' :U--~--.. _-- ""' I ' J' r--.f-''.r ., ·-, '"" I Flanigan Family Property Garfield County Road 201 IO 'i1 ( _._,,, / Location: 039.3819960' N 109.0105553' W Caption: Entrada Pipeline Special Use Permit Site Location Map .:S ;fE.. p ll.k~ Copyright (C) 1997, Maptech, Jnc crescenao .bnergy, LLL 1031 Andrews Highway, Suite 211 , P. 0 . Box 18 14 (79702), Midland, T exas 79701 Phon e: (432) 69 7-7221 Fax : (432 ) 697-7289 RECEIVED Mil.R o 1 2005 coUN'TY GARr\E.~~ pLANN\NG Mr. Mark a eai}UILDIN Garfield County Planning and Zoning Dept. 108 8th St., Suite 201 Glenwood Springs, CO 81601 February 25, 2005 Fax: 970-384-3470 Re : Crescendo Energy, LLC Entrada Pipeline Dear Mr. Bean, This letter authorizes Sean T. Norris, Cordilleran Compliance Services, Inc. to act as Crescendo Energy, LLC 's agent with regards to the above referenced pipeline project. Mr . Norris has full signatory authority for documents and permits required for this project. Please feel free to call me at the above number if you have any questions . KCK/kc Sincerely yours , Crescendo Energy, LLC By: Crescendo Resources, LLC, its Managing Member Kenneth C. Krisa President \ i \\ ~ ~ ~t ~~ ~ ~ ~ \ Garfield County BUILDING & PLANNING DEPARTMENT February 28, 2005 Sean Norris, Senior Project Geologist Cordilleran Compliance Services, Inc. 826 21 'l2 Road Grand Junction, CO 81505 RE: Special Use Permit request/or "Material Handling of Natural Resources" in the ARRD zone district (6-inch natural gas pipeline) Dear Mr. Norris, Thank you for the application you submitted to this office regarding a request for a Special Use Permit (SUP) for a 6-inch natural gas pipeline on the Flanigan Family property in southwest Garfield County. I am writing this letter to inform you that this office has determined your application to be Technicallv Complete. Please note, this determination is not a determination of approval. It only means you have submitted the information necessary to conduct a substantive review. Staff has scheduled the request to be heard by the Board of County Commissioners (the Board) on March g•h, 2005 at 1 :15 PM only to determine if they wish to refer the matter to the County Planning and Zoning Commission (the Commission) for a recommendation. Should the Board recommend the Commission hear the matter, this office will set the schedule for that public hearing and provide you the necessary guidance regarding proper public notification. Should the Board move to hear the matter directly, this office will schedule that public hearing and provide you the necessary guidance regarding proper public notification. This public meeting will be held at the Garfield County Plaza Building in the Commissioners Room on the first floor. The address is 108 8th Street, Glenwood Springs, Colorado 81601. Do not hesitate to contact this office in the event you have any questions. Very truly yours, £ ~ Fred A. Jarman:AJCP Assistant Planning Director 970.945.8212 -,. RECEIVED GARFIELD COUNTY FEB 2 4 2005 Building & Planning DepartmentGA RFIEL D COUNTY 1 OB Bth Street, Suite 201 BUILDI NG & PLANNIN G Glenwood Springs , Colorado B1601 Telephone: 970 .945 .B212 Facsimile : 970 .3B4 .3470 www.garfield -county.com Special Use Permit GENERAL INFORMATION (To be completed by the applica nt.) );;> Street Address I General Location of Property: West Salt Creek TBS , R 104W -- );;> Legal Description : TBS , R104W DESC : SEC.4 : LOTS 1, 2 , 3, 4 , S2N2 , S2 ; SEC . 5 E2SE, SW4SE4; SEC . B: NE4NE4; SEC . 9 : N2N2 ; T7S , R104W SEC . 33 : S2 );;> E xisting Use & Si ze of Property in acres : Cattle range . 1,2BO.B4 acres ~ Description of Special Use Requested : Installation of 6 inch natural gas pipeline );> Zone District: ARRD ~ Name of Property Owner (Applicant): Crescendo Energy , LLC ~ Address : 1031 Andrews Highway , Suite 211 __ Telephone : (432) 697-7221 ~ City: M idland State : TX Zip Code: 79701 FAX : (432) 697-72B9 ~ Name of Owner's Representative . if any (Attorney . Planner. etc): Sean T. Norris, Senior Project Geologist, Cordilleran Complinace SeNices, Inc . ~ Address: B26 21 1/2 Road Telephone : 970-263-7BOO );;> City : Grand Junction State : CO Zip Code: 81505 FAX: 970-263-7456 STAFF USE ONLY );;> Doc. No.: Date Submitted : TC Date : ------- );;> Planner: Hearing Date : 1 Crescendo Energy, LLC 103 1 Anlftow.1 Highway, Suif¢ 2 1 I, P. 0 . 13 0>< llll 4 (7971)2). Midland. ToXil' 7?701 !'hone : (4 32) 6 97-7221 f u (432) 697·728? RECEIVED FEB 2 5 2005 February 25, 2005 GARFIELD Mr. Mark 9J UILDING & PCLAOUNry Fax: 970-384-34 70 Garfield-County NN/NG Plann ing and Zoning D1..>pt . I 08 gilt St ., Suite 201 Glenwood Springs, CO 81601 Re : Crescendo Energy, LLC Entrada Pipeline Dear Mr. Bean , This letter authorizes Scan T. Norris, Cordilleran Compliance Services, lnc. to act as Cn:sccndo Energy, ttC's agent with regards to the above refcr.enccd pipeline project. Mr . Norris ~"tS full signtJtory authority for documents and permits required for this project . Please feel free to caJJ me at the above number if you have any questions . KCJ<Jkc Sincerel y yours , Crc.qcendo Energy , LLC By : Crescendo Re sources, LLC , its Managing Member K1.."1lneth C. Kri sa President FEB 2 5 2005 GARFIELD COUNTY BUILDING & PlANNING 1031 Andrews H lg hway, Suite 211 P .O. Box 1814 (79702) Midland, TX 79701 915-897-7221 (phone) 915 .697-7289 (fax) Crescendo Energy, LLC TO: Fred Jannan FAX: 970-384-3410 COMPANY: Garfield Planning and Zoning PHONE : FROM: Ken Krisa DATE : 0.2-25 -1.005 SENDER'S PHONE : (916) 697-7221 TOTAL PAGes 2 INCLUDING COVER: cc: Sean T. Norris, Cordilleran Compliance REFERENCE: Crescendo Energy, LLC Entrada Pipeline COMMENTS: Confidentiality Note The documents accompanying this facs imile lransmission contain Information that Is confidenlial and/Of legally privileged . The infonnalion is Int ended only for the use of the individual or entity named on thi s l.ransmisslon sheet. If you are not the Intended recipienl , you are hereby notified that any disclosure, copying, distribution or the ta king of any action in reliance on th e co ntent of this faxed information is strictly prohibited , and that the documents should be returned to the sender Immediately. In this regard, if you have received this racslm ile in error, please notify us by telephone immediately so that we can arrange for the retum of the original documents to us at no cost ro you . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Crescendo Energy, LLC Entrada Pipeline Special Use Permit Case Narrative. 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. Crescendo Energy, LLC (Crescendo) has acquired a private right-of-way (ROW) from the land owner and a Bureau of Land Management (BLM) ROW grant under Section 28 of the Mineral Leasing Act of 1920, (COC-68236) as amended, to authorize the construction, operation, and maintenance of a 6-inch diameter natural gas pipeline and related facilities in Garfield County, Colorado. A grant is pending from the BLM in Grand County, Utah. The pipeline would transport existing and future unprocessed natural gas to the South Canyon Compressor Station. The estimated volume is up to 8000 mmscf/d. The proposed pipeline will parallel existing pipeline and road corridors where construction permits. This request for a Special Use Permit is for the purpose of installing and operating a 6 inch, high pressure natural gas pipeline across private (AIR/RD) and Federal property within Garfield County. The pipeline will be buried along the entire length of the Colorado portion with the exception of aerial crossings over perennial stream channels where necessary. There are no residences located within a five mile radius of the ROW. The hours of operation during the construction of the pipeline are 6 days a week, 12 hours per day until construction is complete. The anticipated construction schedule is 90 days. The anticipated traffic accessing the site on a daily basis during construction is estimated at 25 vehicles per day. Upon completion of the pipeline, anticipated traffic access is one to five vehicles per month for inspection and any repair or maintenance activities. No structures are to be built in conjunction with this pipeline. Surface features which will be installed include valves and pipeline pigging units along with required pipeline location markers. No electric power or other utility improvements are needed or proposed for this project. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. Water will be used for the purpose of dust control during the construction of the pipeline and for the purpose of hydrostatic pressure testing of the line prior to operation. The water source is through a permit (C001) with the Ute Water Conservancy District in Grand Junction, Colorado. The hydrant is located at the 10 Road & Hwy6/50 Fill Station in Mack, Mesa County, Colorado. Upon completion of the construction of the pipeline, there will be no water used or treated on the project. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. Attached is a scaled map showing the location of the pipeline within Garfield County and the location of the private AIR/RD property which the line will cross. The nearest Garfield County road is GCR 201. As this proposed pipeline follows an existing pipeline ROW, the necessary access roads are already in existence and no new access is proposed. 4. Submit a vicinity map showing slope I topography of your property, for which a U.S.G.S. 1 :24,000 scale quadrangle map will suffice. See attachment for #3 above. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated}. In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. Attached is a copy of the appropriate Garfield County Assessors Map showing the property boundary with SLM. The property owners are: 1.) Subject Site, Parcel #243104400001 Flanigan Family Investments, LLC, 904 E Stanford Avenue, Englewood, CO 80110 2.) All adjacent property owner within 200 feet of subject site, BLM, Grand Junction Field Office, 2815 H Road, Grand Junction, CO, 81506 6. Submit a copy of the deed and a legal description of the subject property. Attached is a copy of the Assignments of Rights-Of-Way for the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. Attached is a copy of a signature authorization letter from Crescendo Energy, LLC. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. No water service is proposed or will be provided to the project. Sanitation facilities (Port- a-potties) will be supplied during the construction activities and removed following completion of the project. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; No street improvements are planned for the project. County Roads will be maintained and left in the same or better condition as they are currently. County road crossing permits will be acquired as necessary to complete the project. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; There will be no impacts to surrounding land uses which are not already covered in the BLM permit. No screen fences or landscape features are proposed for the project as none exist on the subject site or the surrounding land use areas. No lighting or changes in the existing neighborhood character are planned. Signage will consist of required underground utility markers placed within visual distance from each other along the length of the pipeline. 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield- county.com/building and planning/index.him, or information can be obtained from this office 5.03.07 Industrial Operations: Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided: (I) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (IO) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; Water will be purchased from Ute Water Conservancy District and used for dust control and hydrostatic testing on this project. (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; The project will be conducted under a Colorado Department of Health General Construction Permit. (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; Impacts to wildlife and domestic livestock will be minimized by the use of passages which will allow unimpeded access across the pipeline during construction. Following construction the pipeline will be buried and the ground surface restored so that no barrier to travel will be encountered. Revegetation of the ROW will be completed during optimum planting and germination periods for seed mixes. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; Currently the Garfield County Road Department does not maintain the existing county roads in the area. Traffic from this project will not change the character of these roads for the worse. In the event the road surfaces need to be maintained to allow access to the project, Crescendo Energy, LLC may coordinate maintenance efforts with other energy operator in the area to optimize the efforts. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use( s ); The abutting property is BLM ground for which a ROW Grant has been issued. The proposed project will enter the subject site from the BLM property on the east, cross the subject property within a ROW easement, and exit the subject property onto BLM ground on the south. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution Mitigation efforts for referenced standards and all forgoing impacts will be implemented as necessary and required by law. (2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; The ROW will be recontoured to pre construction conditions. The surface of the disturbed area will then be disked or harrowed and a seed mixture required by BLM range management specialists will drilled or broadcast and harrowed into the soil. Revegetation efforts will be conducted during a season in which the highest probability of seed germination and plant survival will be obtained. (B) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A. 93-061) 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. Attached is a check to Garfield County for the application fee of $400.00 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. Two copies of this application and project narrative have been submitted to the Garfield County Planning and Zoning Department. 12° E Name : JIM CANYON Date: 2/21/2005 Scale : 1 inc h eq uals 3077 feet I' > 10 :: io T~ T~ TH T • T • T H ~® Uni te d Sta tes D e partn1 e nt of t h e Interio r TAKE PRIDE IN AMERICA -- • - B L:REAL ' O f LAN D MAN AGEi\JE. T Gr.ind Junnion Field Oflln: -. 2815 H R nad I;\ REl'I.\' REFER TO: Gr:ind Juncrion, Colorado 81 506 2000 (C0-130) COC-68236 Sean T. Norris Cordilleran Compliance Services, Inc. 826 21 Yi Road Grand Junction, Colorado 81505 DECISION RIGHT-OF-WAY GRANT(ISSUED, Enclosed is a copy of right-of-way grant serial number COC68236, which has been approved by the Bureau of Land Management. We determined that your application falls under Category III, which requires a processing fee of $350 .00 and a monitoring fee of$75.00. These fees are required by Federal Regulations ( 43 CFR 2808) to reimburse us for the cost of processing and monitoring your right-of-way . Your one year rental payment for this right-of-way is $236.82, and your rental payment for the temporary construction area is $236.82. We have received your payment for all of these fees. The issuance of this right-of-way grant constitutes a final decision by the Bureau of Land Manage ment in this matter. This decision may be appealed to the Interior Board of Land Appeals in accordance with the regulations in Title 43 of the Code of Federal Regulations, Part 4.400 and the enclosed form CSO 1840-3. The form also includes instructions for requesting a stay of the decision appealed. If an appeal is taken, the notice of appeal must be filed in this office at the above address within 30 days from receipt of this decision. The appellant has the burden of showing that the decision is in error. Enclosures: R/W Grant, Appeals Form CSO 1840-3 Sincerely, ~/j_~tn__ Catherine Robertson Field Manager I 111111 11111 111111 111111111111111111111111111111111 llll 631069 07/07/2003 01 :56P 81489 P494 M ALSDORF 1 of 3 R 16.00 D 25.60 GARFIELD COUNTY CO r: .. ~ ""' ., '"' R.C.B., LTD. WARRANTY DEED day of J11ne wha.c legal address is 904 I!. STANFORD AVENUll &NGLKNOOO,CO 80110 of the eaid County of CJARPIBLD ind State of CO LORADO 2 003 , between , grantor, ancJ , grante~: WITNESSETH, That the grantor for and in consideration of the sum of TWO HUNDRBD FIFTY-SIX THOUSAND olo 00/100 DOLLARS, the receip t and •uffi cioncy of which is hereby acknowledged, hu granted, baraalncd, sold and conveyed, and by these p<cscnts does grant, bargain, •ell, convey and confirm, unto the grantee, his heirs and assigns forever, •II the rea l property together with improvements, ifamy, situ ate, lyinl!I: and be ing in the said County of GARFIBLD and State of Colorado dc5ailxxl as follows: SEE IXHIBIT •A• also known by atrect and number u: TBD, CO TOGETHER witb all and singular thi: heredit.amcn11 and appurtenances thereto beloneing, or in anywise appertai ning, and 1hc re version and rcvcnion1. rM'>aindcr ind remalndcu, rents, i»Ucl and profits thereof, and all Lhc esl.atc, right, tirlc, intcn1t, cla;m and demand what- soever of the grantor, eichcr in Jaw or cquiry, of, in and to the abuvc bargained premises, with lhe hcrcditarucnrs and appuncnanccs. TO HAVE AND TO HOLD the said prrmises above b.rgained ind described, wilh lhe oppur1en1ncc1, unto the grantee , his heirs and assigns forever . And 1h.o grantor, for itS<:lf. a_nd its succcssoe's, docs covenant. grant. bargain, and agree 10 and with the g• l\ntcc, his heirs 1nd t$SiJns, that It the tim< of the en...-aling and delivery of these p<esenu, he is well seized of the premises above convoyed. has good, sure, perfcct, absolute and indcfusible esuto of inheritance, in law, in fcc simple , ind hos good righ~ full power and lawful aul hori ty tu grant, bargain, ~C'JI and co nvey the same in manner and form u 1foresaid, and that the same arc free and clear from all fonner ind other gnnts, buvains, sales. liens, tax.es, assessments, encumbrances and rcstriction.1 of whatever kind or n1tturc soeve r, except thoee apecitic tr.xceptiona •hown on the attachad •• •JIXHIBIT 1 •. The irantot shill and will WARRANTY AND FOREVER DEFEND the abo>·e·bargaincd premises in th o qu iet end pcaccablc possessi on of thc grantoc, his hcits and usigns, &&&inst i ll and every person or pcnons la wfully cl•iming lhe wltole or any part thereof. The singu lar number shall include the plural, the plural the singular, and the use of an y gender shill be applicab le to all genders. I H WITNESS WHEREOF, tho araotor has CK«Uled this deed on the date set forth above. R.C.B., LTD. Staie of COLORADO Coonty of GllFIILD )5$. ) 9-'I ~ The foregoing insuumcnr was ac knowled ged bcfore me this day of c::3' v "' (.., by BITTY X. SPANN AS CJEKIRAL PARTNER POR R.C.B., LTD. My c:ommis5ion expires Filr N•. tlffWS Stewut Tidt tf Ghn"'Md Spri .. lac. ~o. OB WARRANTY DEED (Umll14 U.Wlt')') (Y408Ll<£W) RtY.7199 l llllll lllll llllll llll lllll lllllll lllll Ill lllll llll llll 631069 07/07/2003 01:56P B1489 P495 K ALSDORF 2 of 3 R 16.00 D 25.60 GARFIELD COUNTY CO EXHIBIT I EXCEPTIONS 1. Matters disclosed in United States Patent recorded November 5, 1930 in Book 172 at Page 513 as Reception No, 108359 and recorded Novembers, 1930 in Book 172 at Page 515 as Reception No. 108361. 2. Grant of Easement and Release recorded August 4, 1959 in Book 310 at Page 481 as Reception No. 202567. 3. western Slope Gas Company Right of Way Easement recorded July 29, 1959 in Book 319 at Page 274 as Reception No. 206233. 4. Approval . Certification· Determination (Communitization Agreement) recorded september 6, 1960 in Book 329 at Page 526 as Reception No. 210905 and recorded August 2, 1979 in Book 532 at Page 427 as Reception ~o. 296179 and recorded August 3, 1979 in Book 532 at Page 500 as Reception No. 296201. s. Matters disclosed in Warranty Deed recorded June 3, 1964 in Book 358 at Page 304 as Reception No. 225744, and any and all assignments of record, or otherwise, thereof, or interests therein. 6. Quit Claim Deed recorded January 25, 1972 in Book 426 at Page 500 as Reception No. 252422, and any and all assignments of record, or otherwise, thereof, or interests therein. 7. Right of Way and Basement recorded February 16, 1977 in Book 493 at Page 486 as Reception No. 276858. 8, Oil and Gas Lease recorded October 6, 1978 in Book 516 at Page 490 as Reception No. 288980, and Oil and Gas Lease recorded March 2, 1979 in Book 523 at Page 604 as Reception No. 292364, and Oil and Gas Lease recorded March 26, 1984 in Book 646 at Page 966 as Reception No. 350904, and any and all assignments of record, or otherwise, thereof, or interests therein: and other 011 and Gas Leases of record. 9, Right of Way Easement recorded June 21, 1979 in 530 at ~age 164 as Reception NO. 2.95073. 10. Supplement to Gas Purchase Agreement recorded August 23, 1979 in Book 533 at Page 708 as Reception No. 296830, and any and all amendments thereto. 11. Assignment of Access and Surface Use Agreement recorded February 22, 1980 in Book 544 at Page 133 as Reception No. 301846. 12. Easement recorded May 5, 1980 in Book 548 at Page 48 as Reception No. 303616. 13. Right of Way and Easement recorded January a, 1982 in Book 590 at Page 185 as Reception No. 323465. 14. western Slope Gas company Right of Way Easement recorded March a, 1984 in Book 645 at Page 573 as Reception No. 350300 and recorded March 8, 1984 in Book 645 at Page 574 as Reception No. 350301. 15. Access and surface use Agreement recorded February 10, 1987 in Book 726 at Page 79 at Reception No. 388191. 16. Pipeline Easement recorded December 5, 1991 in Book 818 at Page 632 as Reception No. 429641. 17. Right of Way and Easement recorded April 8, 1992 in Book 828 at Page 33 as Reception No. 433362. S!owort Tiii• or Gl•~WNd lipri"ll, l!IC. E1~fblf I • Detd Eurp~Onl (YDE[J)tli:(,'li:l'TI Rfy, 7/99 EXHIBIT A Order Number: 03000635 LEGAL DESCRIPTION THE Sl/2 OF SECTION 4; NEl/4SEl/4, Sl/2SEl/4 OF SECTION 5; NEl/4NEl/4 OF SECTION 8; Nl/2Nl/2 OP SECTION J1 ALL IN TOWNSHIP 8 SOUTH, RANGE 104 WEST, 6TH P.M. THE Sl/2 OP SECTION 33, TOWNSHIP 7 SOUTH/ AND THE Sl/2Nl/2 AND LOTS l, 2, 3 AND 4 OF SECTION 4,TOWNSHIP 8 SOUTH; ALL IN RANGE l04 WEST, 6TH P.M. COUNTY OP GARFIELD STATE OF COLORADO I llllll lllll llllll llll 111111111111111111111111111111111 631069 07/07/2003 01:56P 81489 P496 M ALSDORF 3 of 3 R 16.00 D 25.60 GARFIELD COUNTY CO I llllll lllll llllll llll 111111111111111111111111111111111 631068 07/07/2003 01:55P 81489 P493 M ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO STATEME"NT OF AUTHORITY Pursuantto §38-30-172, C.R.S., the undersigned hereby executes this Statement of Authority on behalf of FLANIGAN FAMILY INVESTMENTS, LLC, a Colorado limited liability company, an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: l. The name of the Entity is Flanigan Family Investments, LLC. 2. The Entity is a Colorado limited liability company. 3. The mailing address for the Entity is 904 E. Stanford A venue, Englewood, CO 80110. 4. The name or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Sean Flanigan. 5. The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: None. 6. Other matters concerning the manner in which the Entity deals with any interest in real property are: NI A. (If no other matters, leave this section blank.) Executed this ;;?/ day of May, 2003. STATEOFCOLORADO ) Q )ss. COUNTY OF(&{?<tfr.<. ) FLANIGAN FAMILY INVESTMENTS, LLC, a Colorado Ii 'ted liability company By: The foregoing instrument was acknowledged before me this _2J_ day of May, 2003, by Sean Flanigan, Manager of Flaingan Family Investments, LLC, a Colorado limited liability company. WITNESS. m_r hand .and official seal.~~· : . ., My comm1ss10n expues: . . ~""'°" ."o, ... . '-.. c ~S· l\'ly Commlulon N p bl' ' ; · t5 , . "7/07/20 3 otary u IC .. "". ·~ " C' . -··•-f;" o ·~US~ r-(;..; f•: ,~: 0 :::; ... :-·~ <> ... :~.,. .... \.,.;:'. K:\LlV\FLALAN\SPANN\AUl'HORITY-STMT.wpd '\ ju;;.:-··· ('-.. ;,::(.,, . "+<rurln m: ~td-iJL rn.t.•."' h11 Xn1,t,1~·;:~.:it>· 1 __.... ·;::;-11 11fi;;'i,1n111 1' ui{j11ol_ t l\_f)J.J._ f..LP AJ /§vr, 318 ., q-zlc! Cjzuldtffe. (D J'J5<l2- 1111111111111111111111 f 11111111111111111111111111111111 661807 10/18/2004 11:17A 81631 P518 M ALSDORF 1 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO RIGHT-OF-WAY AGREEMENT STATE OF COLORADO KNOW ALL MEN BY THESE PRESENT COUNTY OF GARFIELD That the undersigned, hereinafter called GRANTOR for ten dollars ($10.00) and other valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby Grant, Bargain, Sell and Convey to anyon Ga Resources L L"C, whose address is 7400 East Orchard Road, Suite 3025, Englewood, Colorado 80111, (Herein after referred to as GRANTEE), its successors and assigns, the right, privilege, and easement to survey, clear and excavate along a route, to lay, construct, operate, maintain, inspect, test, repair, alter, protect, remove, abandon, or replace one pipeline and appurtenances for the transportation of oil, gas or other substances transportable by pipeline, together with all other rights necessary or convenient for the enjoyment of the right, privileges and easement hereby granted, over and along a Right of Way Easement, shown on Exhibit "A", attached hereto and made a part hereof. ~t shall be 1ftY (50) feet in w during the rio o f in it ia l construction and an additional temporary workspace o f t we nt y-five (25) fee as may be eeded. M er irut1al construction lias tieen complete<I, lie easement shall re vert to twenty-five (25} 'feet in wiClth anCI which easement is on and across tile foJlo ing described lands in Garfield County, Co oraao, to wit: Township 8 South, Range 104 West Sections 4 & 9 More particularly described and shown on Exhibit "A" attached hereto and made a part hereof. The GRANTEE shall have all of the rights and benefits necessary or convenient for the full enjoyment or use of the right herein granted, including, but without limiting the same to the free right of ingress to and egress over and across said lands to and from said right-of-way and easement and the right from time to time to cut all trees, undergrowth and other obstructions that, in its judgment, may injure, endanger or interfere with the use of said pipeline. GRANTOR hereby reserves the right to use said land in any ma1U1er that will not prevent or interfere with the exercise by GRANTEE of its rights hereunder, provided, however, that GRANTOR shall not construct, nor permit to be constructed, any house, building, improvements, or obstructions with.in the permanent right-of-way, without the express prior consent of the GRANTEE. ·~ , .. · ) I llllll lllll lllllll Ill lllll llllll llllll Ill lllll llll llll 661807 10/18/2004 11:17A 81631 P~19 M ALSDORF 2 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO The rights herein granted may be assigned in whole or in part and the tenns, conditions and provisions hereof shall extend to and be binding upon the heirs, executors, administers, personal representatives, successors and assigns, of the parties hereto. GRANTEE covenants and agrees to indemnify and forever hold harmless the GRANTOR against each and every claim, demand or cause of action that may be made or come against him by reason or in any way arising out of any defect, imperfection, operation, maintenance or construction of said pipeline. GRANTEE hereby s to bury--all-pi~ to a s_u 1 n eptti so as not to interfere with cultivation ofsoil and to par an~ dilnages which may arise to growing crops and fences from the construction, maintenance and operation of pipeline s and related facilities cons rue ed unoer the terms of this grant. The consideration received for this easement includes payment for the normal damages caused by the initial construction of the pipeline and its appurtenances and tempor~ use of existing private roads to access the Right of Way . Grantee further agrees to instal 12 foot stee l gates m all fence ~ings afiQ to:~e exist !!!& access roads usea o a_ccess construction are_as upo O!!lJ>letion o.fcOnstruction. GRANTOR shall not interfere with the exercise of GRANTE E'S rights by constructing or permitting to be constructed any permanent structure upon the easement strip herein conveyed and GRANTOR further agrees not to change the grade, remove dirt from the surface of the easement or impound water over the easement without prior written approval of GRANTEE . GRANTEE, it's contractors, subcontractors, agents and or assignees agree to comply with the construction considerations and requirements as shown on Exhibit "B" attached hereto and made a part hereof. It is mutually agreed and understood that this Agreement, as written, covers all agreements and stipulations between the said parties, and no representations o r statements, oral or written, have been made modifying, adding to , or changing the ter ms of hereof. 2 ) 1111111111111111111111111111111111111111111111111111111 661807 10/18/2004 11:17A 81631 P520 M RLSDORF 3 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO / IN TESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this --1£!!:. day of 0 cndel~. '2004. GRANTOR: THE STATE OF COLORADO COUNTY OF SUUH I l This instrument was acknowledged before me on the ~ day of 0 C TO r3 b"'?k. , 2004 before me, a notary public, in and for said county and state, personally came the above-named Sean Flanigan as President of Flanigan Family Investments. LLC who is personally known to me and known to me to be the identical person whose name is affixed to the above instrument to be his voluntary act and deed. ;,1 •JUJl t; •. , IN WITNESS WHE~OF I have hereunto set my hand and affixed my no~~~jl.l.ili~'.·.':-~.; .. _-· -. day and year above wntten. .~· i'1. ::i • .-..\. o ·., -. .-· - • ~ c't.·'l~" • .,t t:.· .,_. ·.,. ,)\ ... "(}--2tJ-oll ( r>· ~ 0 ...J U :: My Conunission Expires: ~ :> 'I_ ··• o c.-, : ,_. Notary Public ill·~· .. "(~ C>:::.J .• // The State of Colo~do/ ··" ..... .-. -_·. ·. 3 '· ,,,, .... 1111111 11111111111111~ 111111111111111111111111111111111 661807 10/18/2004 11:17A 81631 P521 H ALSDORF 4 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "A" TEMPORARY PROPERTY EXHIBIT (Flanigan Family Investments, LLC) A permanent easement, being 25 feet in width across the following described property located in Garfield County, Colorado: A tract of land located in Sections 4 & 9, T8S, RI 04 W, 61h P .M., more particularly described in that certain Warranty Deed dated June 9, 2003 and recorded in Book 1489 Page 494 in the office of the Clerk and Recorder of Garfield County, Colorado. 4 r-------------------------------------, --- : I llllll lllll lllllll Ill 111111111111111111111111111111111 661807 10/18/2004 11:17A 81631 P522 M ALSDORF 5 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO EXHIBIT "B" CONSTRUCTION CONSIDERATIONS I REQUIREMENTS 1. Park on the construction easement not on the grass. 2. Reseed with pure live seed. 3. Pick up all trash whether you dropped it or not. 4. Maintain all equipment in the shop, not on the range. 5. Operations in mud conditions will cease if 6" deep ruts are created. 6. Park any and all unused equipment on the R/W. 7. Place construction materials on the easement. 8. It will be Grantor's responsibility to monitor noxious weeds and take corrective action where needed. 9. Leave gates as they are found. 10. Close, fence, or guard all open holes, lines, or ditches if livestock are present. 11. Stop when asked. 12. Use only landowner pre-approved private roads. 13. No guns, dogs, alcohoi or drugs. 5 This Assignment of Rights-of-Way (the "Assignment"), dated effective as of January 11, 2005, at 12:01 a.m. local time (the "Effective Date"), is om Can on GasRescrnrces, LLC a Delaware Limited Liability Company ("Assignor"), whose address is 7400 E Orchard Rd, Suite 3025, Englewood, CO 80111 o Crescenao Energy, LLC a Delaware Limited Liability Company ("Assignee"), whose address is 1031 Andrews Highway, Suite 211, Midland, TX 79701. WHEREAS, Assignor has obtained rights-of-way pursuant to a Right-of-Way Acquisition Agreement between the parties dated July 2, 2004; and WHEREAS, the obligations of the Right-of-Way Acquisition Agreement have now been fulfilled with the acquisition of the rights-of-way herein, reimbursement of right-of-way costs, and execution of the related agreements b ~tween the parties . NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. Assignment. Assignor hereby transfers and assigns to Assignee, effective as of the Effective Date, all right, title and interest of Assignor in and to the easements, rights-of-way, servitudes and similar instruments (the "Rights-of-Way") as described below : A Right-of-Way Agreement dated October 11, 2004, between Flanigan Family Investments, LLC as grantor and Canyon Gas Resources, LLC, as Grantee, recorded October 18, 2004, under Reception# 661807 in the office of the County Clerk of Garfield County, Colorado, covering the following described land in Garfield County, Colorado, to wit: 5...foo wid e easem ent I cated in Sections 4 and 9, T8S, R104W, 6th P. M. and; A Right-of-Way Agreement dated October 7, 2004, between Evelyn J. Horn as grantor and Canyon Gas Resources, LLC, as Grantee, recorded October 26, 2004, under Reception# 465161 in the office of the County Clerk of Grand County, Utah, covering the following described land in Grand County, Utah, to wit: A 25 foot wide easement located in Sections-4-•tn~, 'FS&, I*e~, @b-~. Jtt""~ 3i_ -rrc'PS, RU.. f) ~.L...K · ~ ·~ Together with the rights incident or appurtenant thereto. 2 . Assumption. Assignee hereby accepts such assignment effective as of the Effective Date, and agrees to assume all of the duties, liabilities and obligations of Assignor under the terms and provisions of the Rights-of-Way arising after the Effective Date. Page I of3 3. Limitation of Warranties. This assignment is made without any warranty, either express or implied. 4. Further Action. Assignor and Assignee shall take all further actions and execute, acknowledge and deliver all further documents that are necessary or useful in carrying out the purposes of this Assignment. So long as authorized by applicable law to do so, each of Assignor and Assignee shall execute, acknowledge and deliver to the other all other additional instruments, notices, division orders, transfer orders and other documents and to do all other further acts and things as may be necessary to more fully and effectively grant, assign and convey to Assignee the Rights-of-Way. 5. Binding Effect. This Assignment shall bind and inure to the benefit of Assignor and Assignee and their respective successors and assigns. 6. Countemarts; Facsimile Signatures. This Assignment may be executed in any number of counterparts, and each counterpart hereof shall be deemed to be an original instrument, but all such counterparts shall constitute but one assignment. 7. Tennination. The Right-of-Way Acquisition Agreement dated July 2, 2004 is hereby terminated. Executed on the 31 ~day of January 2005, to be effective for all purposes as of the Effective Date. ASSIGNOR: Canyon Gas Resources, LLC a Delaware Limited Liability Company By: 1Jauid1) ~~M1 Name: David B. Keny~ ~fr7 Title: Vice President ASSIGNEE: Crescendo Energy, LLC a Delaware Limited Liability Company By:~C~ N afue:Kell11ethE.Krsa 1 Title: President Page 2 of3 STATE OF COLORADO ) ) SS. CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE ) .~ ,Ctf)ZV/'11·'1 The forego!ng instrument was aclmo";'J:dge,Q bef?re me thisJ\' L 4 day of January 2005, by l\ /b)1. \) \Z .. f±NJUV , as VLL.-'t ......... /Y.Z'i::-<;1 [\<;i>Lr( ~Canyon Gas Resources, LLC, a Delaware Limited Liability Company. r--......... -........ ··~·-·--· ... Witness my hand and official seal. \ \ ,/ My commission expires:---~(;,_. ~\_'"l~U_b __ _,....-,..------1 (_L /(~ AYERIC HEINEKEN Notary Publlc State of Colorado ~-...... --··--··· Notai:y Public STATE OF -(e_ x"' > ) ) SS. CITY OF [)1 ,d /c4 ,,c.e__, , COUNTY OF Q\ ,ef / q ,,.,C ) The foregoing instrument was acknowledged before me this 3/ ~t day of January 2005, by Kenneth C. Krisa, as President of Crescendo Energy, LLC, a Delaware Limited Liability Company. Witness my hand and official seal. / My commission expires: y;lz,1;,.;z . .1.l/+P Page 3 of3 Crescendo Energy, LLC 1031 Andrews Highway, Sutte 211, P. 0. Box 1814 (79702), Midlaod, Texas 79701 Phone: (432) 697-7221 Fax: (432) 697-7289 Mr. Carlos Sauvage Bureau of Land Management Grand Junction Field Office 2815 HRoad Grand Junction, CO 81506 December 7, 2004 Re: San Arroyo to South Canyon Entrada Pipeline COC-68236 Dear Mr. Sauvage, This letter authorizes Sean T. Norris, Cordilleran Compliance Services, Inc. to act as Crescendo Energy, LLC's agent with regards to the above referenced pipeline project. Mr. Norris has full signatory authority for documents and permits required for this project. Please feel free to call me at 432-697-7221 if you have any questions. KCK/kc Sincerely yours, Crescendo Energy, LLC By: Crescendo Energy Partners, LLC, its Managing Member //' , ~ /) ~ {_) Kenneth C. President ~ CORDILLERAN February 24, 2005 Mr. Mark Bean Garfield County Planning and Zoning Dept. 108 81 " Street, Suite 201 Glenwood Springs, CO 81601 Re: Crescendo Energy, LLC Entrada Pipeline Dear Mr. Bean, 826 21 Y2 Road Grand Junction, CO 81505 T: 970.263.7800 F: 970.263.7456 Attached is a Garfield County Planning and Zoning Special Use Permit application for a 6 inch natural gas pipeline which is proposed by Crescendo Energy, LLC. Mr. Sean T. Norris, Senior Project Geologist ofCordilleran Compliance Services, Inc. will be acting as Crescendo Energy, LLC's agent with regards to the above referenced pipeline project. Mr. Norris has full signatory authority for documents and permits required for this project. A confirmatory letter of this authorization will be forwarded to you. Also attached is a check for $400.00 for the permit fee. The proposed pipeline will be installed underground on BLM and private lands in western Garfield County. The project is due to begin this spring as soon as field conditions permit. If at all possible, an expedited review and approval of this permit is requested. Please feel free to call Mr. Ken Krisa, President, Crescendo Energy, LLC at 432-697-7221 or myself at 970-263-7800 if you have any questions. Respectfully, Sean T. Norris Senior Project Geologist Cordilleran Compliance Services, Inc Sincerely, CORDILLERAN COMPLIANCE SERVICES, INC. ~ /e-~_-,,.--~<::=.. Sean~rris Senio{P~~Ject Geologist Attachments: SUP application and fee Cc: Ken Krisa, Crescendo Cordilleran Compliance Services, Inc. Grand Junction, CO • Denver, CO• Casper, WY• Laramie, WY Environ1nental Consulting Engineers and Scientists -· ·~ \ '·. i--~~-r~~~~-=~~~c...!!!:~~!.....~~~~~~'1'\'i-~~~~~~__;REV~~·s~1~0NS~:::::=:;:::::::::::~;=:=::::::::::::::::::J ...... n ... ' ,· 1/11/04 llC J/11/04 . '• ,. .(._. .. i 2000' ~ t'•»XI m. RI0411 a m. RIOCIW, GWllll ~ 00 TI~ mt: II TlllS, 1t21r, 01W1> COOHIY, 'ur -· ., l \ I \ ) ...... '\ ~ )' ··-~ ..... i \.oYj \ :r\\.. "' .. , .. ~ ~".J'-·· -~\-··-·--·-·--···- \•\ "~'~ ;· ,,.- (( . \; ·,_\ ...... \ 'v -:~\: . \ I . \ ~ ·\-.: ..................... ~ ..... :>;. .. . '! ··t.~ ,, ~ ...... CANYON GAS RESO URCES, LLC 2002-01 A STOIRMWATEIR MANAGEMENT IPJLAN SAN ARROYO PIPELINE GARFIELD COUNTY, COLORADO AND GRAND COUNTY, UTAH Prepared For: CRESCENDO ENERGY, LLC. 1031 Andrews Highway, Suite 211 Midland, Texas 79701 Prepared By: Cordilleran Compliance Services, Inc. 5550 Marshall Street Arvada, Colorado 80002 PROJECT NUMBER: EG04277 DATE: January 2005 STORMW ATER MANAGEMENT PLAN ACKNOWLE]l)GEMENT Crescendo Energy Partners San Arroyo Pipeline Garfield County, Colorado and Grand County, Utah I, ( .. c. , ·; :\ ~ , / : -'.,. certify under penalty oflaw 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. Name and Title: Sc'"'"' -/ .J "' / 0e ',{,'), s / Area Code and Telephone Number: ('i .l) ~.;,· { ) · ) '\. C' G ~-... -. ) / Signature: _-_--_-_:_• ,_:·~·-~·"-·-~·_,,_,_., ___ <-._ •. ___ Date: -~~--'v __ :_1 ·~-'- San Arroyo Pipeline ii Cordilleran Con1pliance Services, Inc. Storm water Management Plan Arvada, Colorado 'fABLE OF CON'fEN'f§ STORMWATER MANAGEMENT PLAN ACKNOWLEDGEMENT ........................................... ii TABLE OF CONTENTS .................................................................................................................. iii EXECUTIVE SUMMARY ................................................................................................................ v Purpose/Objective ........................................................................................................................... v Facility Name/Location .................................................................................................................. v Owner/Operator .............................................................................................................................. v Emergency Contacts ....................................................................................................................... v Type of Construction ..................................................................................................................... vi Construction and Operating Schedule ........................................................................................... vi Number of Employees ................................................................................................................... vi CDPHE Storm Water Permit and Certification Numbers ............................................................. vi UDEQ Storm Water Permit and Certification Numbers ............................................................... vi 1.0 INTRODUCTION ....................................................................................................................... I 1.1 Site Location ....................................................................................................................... 2 1.2 Site Description .................................................................................................................. 2 1.3 Climate ................................................................................................................................ 2 1.4 Soils and Geology ............................................................................................................... 3 1.5 Surface Water Drainages .................................................................................................... 3 1.6 Major Equipment ................................................................................................................ 4 2.0 CONSTRUCTION ACTIVITY .................................................................................................. 5 2.1 Location of Storm Water Outfalls ........................................................................................... 5 2.2 Drainage Basins for Each Outfall ............................................................................................ 5 2.3 Surface Water/Dry Water Courses .......................................................................................... 6 2.4 Structural Control Measures to Reduce Storm Water Pollution .............................................. 6 2.5 Construction Activities Schedule ............................................................................................ 6 2.6 Materials Handling, Loading, and Storage Areas .................................................................... 7 2.7 Adjacent Property Descriptions .................................. : ............................................................ 7 3.0 DESCRIPTION OF POTENTIAL POLLUTION SOURCES AND MATERIAL INVENTORY ..................................................................................................................................... 8 3 .! Description of Significant Material Storage ............................................................................ 8 3 .2 Description of Significant Spills, Leaks, Releases .................................................................. 8 3 .3 Description of Storm Water Discharges .................................................................................. 8 3 .4 Potential Pollution Sources ............................................................................................ ; ......... 8 3.5 Visual Inspections .................................................................................................................... 8 3.6 Changing the Plan .................................................................................................................... 9 4.0 STORMW ATER MANAGEMENT CONTROLS ................................................................... I 0 4.1 SWMP Team ......................................................................................................................... 10 4.1.1 SWMP Team Administrator ........................................................................................... 10 4.1.2 SWMP Team Coordinator .............................................................................................. 11 4.2 Risk Identification and Assessment.. ..................................................................................... 11 4 .3 Dust Control . .. . .. . .. .. .. .. . .. . .. . .. .. . . . .. .. . .. .. . .. .. .. . .. . .. . .. .. . .. . .. . .. .. . .. . . .. . .. . .. .. .. .. .. .. .. .. . .. .. . .. .. .. . .. . .. . . .. .. . . .. 11 4.4 Good Housekeeping .............................................................................................................. 12 4.4.1 Operations and Maintenance Techniques ....................................................................... 12 4.4.2 Material Storage and Inventory ...................................................................................... 12 4.5 Best Management Practices ................................................................................................... 13 San Arroyo Pipeline iii Cordilleran Compliance Services, Inc. Storm water Management Plan Arvada, Colorado 4.5.1 Stormwater Diversion ..................................................................................................... 13 4.5.2 Materials Handling and Spill Prevention ........................................................................ 14 4.5.3 Sediment and Erosion Prevention ................................................................................... 14 4.5.4 Other Pollution Prevention Measures ............................................................................. 15 4.7 Employee Training ................................................................................................................ 15 4.7.1 Introduction to Storm Water Permits .............................................................................. 16 4.7.2 Pertinent Components of the Permit -SWMP ................................................................ 16 4.7.3 Reporting and Recordkeeping ........................................................................................ 16 4.7.4 Enforcement. ................................................................................................................... 16 4. 7 .5 Other Topics ................................................................................................................... 17 4.8 Testing for Non-Storm Water Discharges ............................................................................. 17 4.9 Final Stabilization .................................................................................................................. 17 5.0 COMPREHENSIVE INSPECTION ......................................................................................... 19 5.1 Inspection of Potential Sources/Control Structures/Spill Response Equipment ................... 19 5.2 Revision of Plan Based on the Inspection ............................................................................. 19 5.3 Report of Inspection .............................................................................................................. 19 6.0 RECORDKEEPING AND INTERNAL REPORTING PROCEDURES ............................ 20 6.1 SWMP Logbook .................................................................................................................... 20 6.2 Daily Log ............................................................................................................................... 20 6.3 Semi-annual Comprehensive Inspection Form ...................................................................... 20 7 .0 CONSISTENCY WITH OTHER PLANS ................................................................................ 21 8.0 ALLOWABLE NON-STORMW ATER DISCHARGES ......................................................... 23 9.0 ADDITIONAL REQUIREMENTS FOR FACILITIES SUBJECT TO SARA TITLE III,§ 313 REQUIREMENTS ........................................................................................................................... 24 FIGURES Figure l -Base Map Figure 2 -Storm Water Drainage Basin Areas and Outfalls TABLES Table 1 -Notification of Outside Parties, Public Safety Officials, and Government Agencies Table 2 -Spill Cleanup Contractors Table 3 -Storm Water Outfall Area Delineations ATTACHMENTS Attachment A -San Arroyo Pipeline Storm Water Management Plan (SWMP) Logbook Attachment B -San Arroyo Pipeline Daily Log Attachment C -San Arroyo Pipeline Semi-Annual Inspection Checklist Attachment D -San Arroyo Pipeline EPA Storm Water Pollution Prevention Plan Checklists Attachment E -San Arroyo Pipeline Employee Training Log San Arroyo Pipeline iv Cordil/eran Compliance Services, lnc. Stonn water Management Plan Arvada, Colorado EXECUTWE SUMMARY Purpose/Objective The purpose of this Storm Water Management Plan (SWMP) is to assist Crescendo Energy, LLC (Crescendo) with the objective of obtaining storm water management permit(s) and to comply with Federal and State storm water discharge regulations in conjunction with the construction of the San Arroyo Pipeline. It is estimated that the proposed pipeline will disturb a total of approximately 28 acres in Garfield County Colorado and approximately 36 acres in Grand County Utah. Facility Name/ILocation The proposed pipeline is located in the San Arroyo and Book Cliffs Gas Fields of Colorado and Utah. The six inch diameter San Arroyo Pipeline extends from the San Arroyo Gas Plant in Grand County, Utah to the south-southeast parallel to Bitter Creek and to Bar X Wash. The pipeline crosses the Utah -Colorado border and continues on to the east-northeast to the South Canyon Compressor Station. The pipeline will cross the Prairie Canyon just east of the state line and the West Salt Creek drainage to the west of the South Canyon Station. These drainages are all ephemeral streams and flow only following infrequent torrential rain fall; however, during these events significant runoff may result in flash floods over short duration. Figure 1 Base Map shows the route of the proposed pipeline from San Arroyo to South Canyon. Owner/Operator Crescendo Energy, LLC I 031 Andrews Highway, Suite 211 Midland, Texas 7970 I WorkPhone: (432)697-7221 Cell Phone: (432) 349-8223 Emergency Contacts Crescendo Energy, LLC 22 IO Hwy 6&50, Grand Junction, CO 81505 Gary Saiz, Production Manager, Telephone: 970-256-7792 Fax: 970-256-7793 Cell: 505-320-7218 Brandon Johnson, Field Foreman Telephone: 970-256-7791 Fax: 970-256-7793 Cell: 970-640-9298 Cordilleran Compliance Services, Inc. -Environmental Consultant 826 21 Y2 Road, Grand Junction, CO 81505 Sean Norris -Senior Project Geologist Office: (970) 263-7800 Cell: (970) 270-7517 San Arroyo Pipeline v Cordil/eran Compliance Services, Inc. Stonn water Management Plan Arvada, Colorado Table 1 presents a list of government agencies that need to be notified in the event of a non-storm water discharge or if impacted storm water is released to a water way or drainage. Type olf 1Constmctio11 The proposed pipeline will consist of coated, carbon steel used to transport natural gas from the San Arroyo Plant to the South Canyon Station, both owned by Canyon Gas. A pipeline gathering system collects low BTU natural gas produced from area wellheads and transports the gas to the San Arroyo Plant for processing including dehydration and removal of carbon dioxide and nitrogen, to improve the quality of the gas and make it suitable for pipeline transport. The pipeline will terminate at the South Canyon Compressor Station where the gas will be transferred to other transmission pipelines. Constr11.1ctio1111nd Opeir11ti11g Schedule Work is scheduled to begin on the Colorado portion of the pipeline on February 10, 2005 and be completed on April 10, 2005. Work on the Utah portion of the pipeline is scheduled to begin on May 16, 2005 and be completed on June 24, 2005. Once operational this pipeline facility will operate 24 hours per day, 365 days per year. Routine operation and maintenance will be performed as needed. Number of Employees Crescendo plans to employ tlu·ee full time employees to maintain and operate the pipeline once it is complete. Roustabout crews will be retained as needed. Table 2 presents the names of Roustabout companies and other Crescendo consultants and contractors. C][)PJH!JE §form Water Peirmit aml! Certification Numll>ern Currently, the pipeline is proposed for construction beginning in February 10, 2005 and project completion date of April 10, 2005. In Colorado, the pipeline will be buried. A general permit application will be submitted to the CDPHE for review and approval. The permit application is equivalent to the Notice of Intent (NOI). The Colorado Storm Water Permit and Certification Numbers will be included in the final edition of this SWMP. UJJEQ Storm Water Permit and Certification Numbers It is expected that construction of the Utah pipeline segment will not begin until May 16, 2005 with a projected completion date of June 24, 2005. In Utah the pipeline will be constructed aboveground except at road crossings and stream crossings. A NOI and/or completed copy of the permit application will be submitted to the UDEQ via the internet. The Utah Storm Water Permit and Certification Numbers will be included in the final edition of this SWMP. San Arroyo Pipeline VI Cordilleran Compliance Services, Inc. Storn1 water Management Plan Arvada, Colorado 1.0 INTRODUC'fKON The United States Environmental Protection Agency (EPA) controls stotm water and sewer overflow discharges through its National Pollutant Discharge Elimination System (NPDES) and provides guidance to municipalities and state and federal petmitting authorities on how to meet stotm water pollution control goals as flexibly and cost-effectively as possible. The EPA has delegated responsibility for implementation of these regulations to state agencies. Construction activities that disturb five or more acres during the life of the project, or are part ofa larger common plan of development, are required to submit a NOI, apply for a storm water permit, and to prepare a SWMP as part of the petmit application. Oil and gas exploration and production activities are considered as "light" industry with respect to storm water management regulations. In the construction of the pipeline there is the potential to impact stotm water. The Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division and the Utah Department Environmental Quality (UDEQ) Water Quality Division regulations, also require construction sites disturbing more than five acres of land to prepare a stotm water management plan. These regulations are an implementation of the EPA Storm Water regulations for construction. The goal of this plan is to improve water quality by reducing pollutants in stotm water discharges. Construction activities potentially produce many different kinds of pollutants that may adversely impact storm water. The main pollutant of concern at construction sites is sediment, which can become entrained in storm water runoff following excavation and/or grading activities that remove protective vegetative cover. When the storm water runoff carrying these sediments reaches a lake or stream and slows down, the suspended sediments are deposited, and can choke the river channel or cover areas where fish spawn and aquatic plants grow. The particles also cloud waters causing aquatic respiration problems potential! y resulting in the death of fish and plants in these systems. Construction activities may also involve the use of toxic or hazardous materials such as petroleum products, fertilizers, pesticides and herbicides, and building materials such as asphalt, sealants and concrete, and other chemicals that can be harmful to humans and aquatic life. For the oil and gas industry, a "common plan of development" is generally interpreted to mean development of several well pads, and/or related infrastructure (i.e., roads, pipelines, pumping stations, etc.) in a contiguous area either during the same time period or under a consistent plan for long-tetm development, either: e Phased over multiple years, but still under a consistent plan for long tetm development; or e Projects in a contiguous area that may be unrelated but still under the same contract in a contiguous area. San Arroyo Pipeline I Cordi//eran Compliance Services, Inc. Stonn water Management Plan Arvada, Colorado Cordilleran has prepared this plan for Crescendo in order to satisfy the SWMP requirements for a new construction site. A Notice oflntent is required for applying for a permit to discharge storm water. Industrial Storm Water Management Plan annual reports are described in the EPA Document 832-R92006 (September, 1992) in which the permitee must file an annual report. The annual report includes the following: @I Name of permittee, address, phone number, and permit certification number; e A report of the facility's overall compliance with the SWMP; "' Changes made to the individual items of the SWMP, and any proposed changes; «> A summary of each comprehensive storm water facility inspection made including date, findings, and action taken; and 11> Results and interpretation of any storm water monitoring performed, beyond that required in Part I. D. of the permit. Copies of this SWMP for the San Arroyo Pipeline Construction will be maintained at the San Arroyo Plant in Utah, the South Canyon Station in Colorado, and at the Crescendo's corporate office in Midland, Texas. 1.1 Site Location The pipeline is to be located in parts of western Garfield County, Colorado in Township 8 South, Range 105 West and eastern Grand County Utah in Township 16 South, Range 25 East of the Utah Meridian. This plan covers the proposed I 0 miles of pipeline with a 50-foot right-of-way for 4 Yi miles in Colorado, and for 6 miles in Utah. The pipeline will be buried in Colorado, and will be laid above ground in Utah, except where the pipeline crosses major roads or streams. The route of the proposed pipeline is shown in Figure I. 1.2 §Ilte IDlesciription The proposed pipeline is located in an arid region of the Canyon Lands and Unita Basin Sections of the Colorado Plateau Physiographic Province. The area is characterized by sparse vegetation. Much of the area lies on a high Plateau with elevations ranging from 5,000 feet to 7,500 feet above mean sea level (ams!), and is dissected by numerous deep canyons terminating at the Colorado River. 1.3 Climate Precipitation in October through April varies from less than 6 inches to more than 20 inches. Most of the precipitation during this period originates as frontal storms, with some of it deposited as snow. Precipitation amounts are heavier in the higher areas, where storm systems are lifted as they pass over the mountains. The prevailing winds in the area ofthe San Arroyo pipeline are from the northwest to southeast. The precipitation in May through September ranges from 3 inches to more than I 0 inches. The growing season coincides with this time of year and generally more of the precipitation occurs San Arroyo Pipeline 2 Cordil/eran Compliance Services, Inc. Stonn water Management Plan Arvada, Colorado during the latter half of the growing season than the first half. Most of this precipitation results from thunder storms, which occasionally produce intense showers that can deposit 1.5 inches of rain or more in a few hours. Flash floods sometimes occur in streambeds that are normally dry. Pan evaporation in the survey area ranges from 42 to 61 inches in May through October. According to information from the National Oceanic and Atmospheric Administration (NOAA) Western Regional Climate Center the area receives between 6 and 10 inches of precipitation annually. The precipitation in a 24 hour period, for a 25 year storm event is 21 tenths of an inch. 1.4! Soils and Geology According to information from the USDA Natural Resources Conservation Service, soils in the vicinity of the pipeline belong to the following complexes and soil series: • Killpack-Badlands-Persayo complex. These soils occupy 3 to 25 percent slopes at elevations from 4, 700 feet to 5,200 feet ams! consisting of nearly barren land dissected by many intermittent drainage channels that have cut into soft shale and sandstone, and are saline. The soil types in this complex have very slow permeability and very low available water capacity. Runoff is very rapid and the hazard of water erosion is very high. Some areas are high in gypsum content or high in bentonite content; • Mesa-Avalon complex: These soils occupy 3 to 12 percent slopes at elevations from 4,500 to 4,900 feet ams! and are derived from eolian deposits overlying alluvium derived from sandstone and shale bedrock. The runoff class is medium, well drained, with moderate available water capacity and moderately slow permeability; • Abra-Bar X complex: These soils occupy 3 to 12 percent slopes at elevations from 4,900 feet to 6,000 feet on fan terraces and alluvial fans. The parent material for these soils is alluvium derived from sandstones and conglomerates. These soils have moderate permeability and moderate available water capacity. Bedrock consisting of the Tertiary age lower part of the Green River Formation and the Wasatch Formation, and Cretaceous age Hunter Canyon Formation and Sego Sandstone crop out in the area of the pipeline right-of-way. These units consist primarily of claystone, shale, and sandstone with low permeability. The soils overlying these bedrock units may be fairly thin and if the bedrock materials are excavated and exposed at the surface, there is potential to leach salts adverse! y impacting storm water. Locally, the sandstones may include conglomeratic units. Bedrock erosion forms fan terraces, alluvium, and eolian deposits of Quaternary to Recent age. L§ Surface Water Drainages The proposed pipeline will cross or run parallel to the following surface drainages • West Salt Creek; e Prailie Canyon; • BarXWash; e Bitter Creek. San Arroyo Pipeline Storm water Management Plan 3 Cordilleran Compliance Services, Inc. Arvada, Colorado These intermittent drainages are generally dry. Regional drainage is directed to the south and southwest. The drainage basins and outfalls are shown in Figure 2. 1.6 Majoir Equipment Heavy machinery will be used during the construction of the pipeline to clear and grade the surface of the right-of-way and to make it suitable for construction of the pipeline. Heavy machinery will be used to excavate the trench and move the pipe to the site and will be used to assemble the pipe segments once onsite. San Arroyo Pipeline 4 Cordil/eran Compliance Services, Inc. Storm water Management Plan Arvada, Colorado 2.0 CONSTRUCTION ACTIVITY Storm water outfalls, surface water, structural control measures, industrial activities, materials handling, loading, and storage areas, and adjacent properties are described in the following sections. 2.1 Location of Storm Water Outfalls Three Storm Water Outfalls have been identified along the propose pipeline route which are identified as follows: • Outfall 001: West Salt Creek • Outfall 002: Prairie Canyon • Outfall 003: Bar X Wash • Outfall 004: Bitter Creek The outfalls along the pipeline right-of-way are located where the right-of-way intersects each of these drainage basins and are separated by topographic highs (ridges or drainage divides). Storm water is expected to leave the right-of-way via sheet wash and flow away toward the nearest natural drainage. The Storm Water Outfalls are identified on Figure 2 and the areas of the pipeline right- of-way are identified in Table 3. In general, storm water flow is expected to follow regional drainage patterns which are directed to the south -southwest; however, local variations in topography may result in different flow directions. These variations must be noted p1ior to construction and structural controls positioned according! y. Z.Z [)raimage Basi111s for !Eaclhl Ollltfall The drainage basins for each outfall vary in size depending on the size of the drainage the pipeline crosses. The drainage basins and the approximate upgradient areas they drain are as follows: • West Salt Creek -South Canyon Drainage Basin: 92.3 square miles (CO); • Prairie Canyon -Bar X Wash: 44.8 square miles (CO, UT); and • Bitter Creek: 10.4 square miles (UT). Due to the large areas these basins drain, there is the potential for large amounts of storm water to be directed toward the pipeline right-of-way. Diversionary dikes or swales may be necessary to prevent or control storm water running onto disturbed areas of the pipeline right-of-way. Storm water runoff is expected to leave the right-of-way areas via sheet wash; however, in cleared areas or on slopes storm water may form rills or gullies before flowing into one of the named drainages or its tributaries. Structural and non-structural controls must be placed at the outfalls to San An·oyo Pipeline 5 Cordil/eran Compliance Services, Inc. Stonn water Management Plan Arvada, Colorado prevent erosion and reduce the amount of sediments becoming entrained in the storm water runoff. The drainage basins and sto1m water outfalls are shown on Figure 2. 2.3 Surface Water/Dry Water Courses Dming construction of the pipeline engineering controls and work practices must be employed to prevent potential storm water impacts resulting from erosion of excavated materials or chemical impacts due to storm water coming into contact with pipeline construction materials or equipment. 2.4 Structural Control Measures to Reduce Storm Water IP'ollution Culverts and water bars may be installed in the roadways to divert storm water away from the pipeline right-of-way. Gabions, rip-rap, gradient terraces, check dams, straw bales, and geotextiles and silt fences may be used to protect slopes and dissipate erosive energy along hill slopes, shoulders of access roads, and stream banks in the vicinity of the right-of-way to prevent excess sediment runoff. Excavated top soil, ground cover, and overburden should be stored in locations away from natural drainages. Storm water diversion structures, such as silt fences or earth and gravel secondary containment structures should be built around spoil piles to prevent erosion of sediments from becoming entrained in storm water runoff from these areas. It may be necessary to wet these materials to control dust. Chemicals, such as paints and solvents used to coat the pipeline following construction, should be stored within secondary containment to minimize potential contact with stonn water and to control impacted storm water discharges. The secondary containment structures must be capable of containing the maximum rainfall in a 24-hour period, during a 25 year storm event. Small amounts of storm water impounded within the secondary containment structures are expected to be lost through evaporation. Crescendo pers01mel should inspect large accumulations of storm water, and if no impacts are observed (oil sheens, oil skims, or other evidence of chemical impact) the storm water may be discharged onsite. If the impounded storm water exhibits signs of impact, such as a sheen or oil skim, then the storm water should be properly disposed offsite by a vacuum truck contractor. The storm water outfalls identified along the pipeline route should be lined with landscape fabric, rip rap, concrete, straw bales or other energy dissipating devices to prevent erosion. Storm water conveyances need to be maintained and clear of debris and vegetation in order to adequately handle storm water from the construction activities. Storm water may be directed away from the pipeline right-of-way by stockpiling the excavated materials parallel to the trench. 2.5 Construction Activities Schedule The San Arroyo Pipeline is a gathering line that will convey natural gas from the San Arroyo Plant in Utah to the South Canyon Station in Colorado. The Colorado segment of the pipeline will be constructed first with ground breaking planned for February I 0, 2005 and a projected completion San Arroyo Pipeline 6 Cordilleran Compliance Services, !nc. St01m water Management Plan Arvada, Colorado date of April 10, 2005. The Utah segment of the pipeline is scheduled to begin on May 16, 2005 and be completed on June 24, 2005. 2.6 Materials Hancllling, !Loading, ancll Storage Areas Materials handling, loading, and storage areas should be sited away from natural storm water drainages or should be surrounded with earthen, gravel clad berms to prevent stonn water impact. Construction materials and chemical storage should be kept covered to prevent storm water impacts. 2.7 Adjacent Property Descriptions The site is surrounded on all sides by open rangeland owned as private land or managed by the Bureau of Land Management (BLM). Surrounding land usage is primarily for oil and gas exploration and production, wildlife, and to a lesser extent for seasonal livestock grazing. San Arroyo Pipeline 7 Cordilleran Compliance Services, Inc. Stonn water Management Plan Arvada, Colorado 3.0 ][])ESCIUPTllON OlF l!'01rEN'fIAL POlLJLU'fION SOURCES AND MIA1rEfilAlL INVENTORY The following is a description of potential sources of pollutants to storm water discharges. 3.1 ][])escription of Significant Material Storage During construction chemical storage is expected to be minimal. Stockpiles of excavated soils should be benned and covered with sheet plastic or tarps to prevent storm water from transporting sediments into nearby dry washes. Any fuel storage tanks for trucks and heavy construction equipment refueling should be contained in prefabricated secondary containment structures or in an earthen, gravel clad berm capable of containing the entire volume of the largest tank and sufficient freeboard to contain impounded storm water. 3.2 ][])escription of Significant §pills, lLeaks, Releases The San Arroyo Pipeline has not been constructed and the land has no prior development. No significant spills, leaks, or releases are known to have occurred prior to initiation of the proposed pipeline construction activities. 3.3 Description of Storm Water Iliischa!'ges According to Crescendo .Personnel, no storm water discharges permits have previously been issued for the San Arroyo pipeline as this is a new construction. Storm water is not expected to come into contact with chemicals or petroleum hydrocarbons during the construction of the pipeline. However, there is a possibility that sediment may become entrained in storm water runoff and therefore engineering controls and work practices will be used to reduce or prevent erosion. 3.4l Potentfal II'ollution §omrces Potential pollution sources during construction include erosion of graded soils cleared of native vegetation, excavated soil stockpiles, aggregate stockpiles, access roads, as well as vehicle fuel tanks and oil drips/leaks, fuel ASTs, use of pesticides and herbicides, and use of paints, solvents, sealants, emulsions, or concrete. Engineering controls will be used to control soil erosion. Chemical containers should be covered and properly stored in areas where they will not come in contact with storm water. 3.5 Vis11al Inspections Visual inspections and maintenance of the control measures is as important to pollution prevention as proper planning and design. A baseline inspection should be performed to collect site information, to identify sensitive areas, and potential storm water outfalls along the pipeline route. Once storm water controls are in place, inspections should be performed at a frequency necessary to adequately evaluate the integrity and effectiveness of control measures and after significant storm events. Storm water inspections can be performed in conjunction with other pre-construction San An-oyo Pipeline 8 Cordi//eran Compliance Services, Inc. Storm water Management Plan Arvada, Colorado or construction oversight activities, but should include record keeping and photographic documentation as necessary. Inspections of the storm water discharge will be conducted, at a minimum on a semi-annual basis, or until the reseeded areas have achieved a growth ground cover of 70% established as compared to the pre-construction vegetation, or growth similar to the surrounding areas. A Notice of Termination (NOT) will be submitted for approval by the appropriate state agency once these conditions are met. Observations will be recorded on logbook checklists, examples of which are included in Attachment A. 3.6 Changing the Plan This SWMP provides technical assistance and support for Crescendo's construction of the San An·oyo Pipeline and identifies Best Management Practices (BMPs) for construction activities, while allowing flexibility in choosing which BMPs will be used in certain circumstances. Costs of implementing the BMPs were considered in preparing this plan and where possible inexpensive or less expensive control measures have been recommended. However, if more effective control measures are warranted to protect drainages and receiving waters during construction along some parts or all of the proposed pipeline routes, the plan should be changed and updated to reflect these measures. San Arroyo Pipeline 9 Cordilleran Compliance Services, Inc. Storm water Management Plan Arvada, Colorado 4.0 §'fORMWA'fER MANAGEMEN'f CONTROL§ Storm water management controls have been developed for the San Anoyo Pipeline. These are described below. Storm water management controls include both structural controls and non- structural controls. Structural controls for erosion and sediment include the following: Structural Controls • Areas of geotextile stabilization on steep slopes or along stream banks; o Silt fence or wind barrier fences on the lee side of excavated materials; • Straw bale barriers at storm water outfalls; • Earth and gravel clad be1ms or diversion dikes to divert storm water; • Brush barriers on the lee sides of excavated materials; • Drainage swales or interceptor dikes to divert storm water; • Sediment traps to remove entrained sediment from storm water runoff; • Pipe slope drains and weirs to divert storm water; • Storm drain-inlet protection and outfall protection; • Gabions or rip rap to prevent storm water erosion; • Temporary or permanent sediment basins to collect storm water; and • Stabilized construction entrances. • Storm water detention structures; • Storm water retention ponds; • Open vegetated swales and natural drainage features; e Natural depressions; and o Infiltration measures. Non-Structural Controls o Development of a SWMP; 0 Implement storm water controls before beginning construction; • Consideration of wind direction, soil types, topography, and drainage features included in the project design; • Prohibition of work practices that may cause or increase erosion; and • Schedule work for times of the year or times of the day when precipitation is less likely; 4.1 SWMJP> 'feam Cordilleran Compliance Services, Inc. will act as liaison for Crescendo pertaining to compliance issues involving the San Arroyo Pipeline during construction. Once the pipeline is completed and final stabilization is achieved, a SWMP is not expected to be needed since there is no exposure. 4.1.1 SWMP Team Administrator The SWMP Teani Administrator is responsible for: e Authority for dedicating the necessary financial and human resources to implement the SWMP; San Arroyo Pipeline JO Cordil/eran Compliance Services, Inc. Storm water Management Plan Arvada, Colorado <'> Implementing spill clean ups; ® Assigning and working with the SWMP Team Coordinator; © Notifying local authorities and local residents or land owners in the event that a significant release of impacted storm water occurs that leaves the pipeline right-of-way; and © Signatory authority. 4.1.2 SWMP Team Coordinator The SWMP Team Coordinator is responsible for: e Notifying the SWMP Administrator of any spills that occur where impacted stotm water subsequently migrates offsite. Additionally, the SWMP Team Coordinator, if asked to do so by the Administrator, must contact local officials to notify them of the release and any potential hazards associated with the impacted stmm water; ., Coordinating various stages of plan development and implementation; "' Conducting inspections; "' Coordinating employee training programs; ® Maintaining all records; e Ensuring that all approptiate reports are submitted as necessary; s Coordinating the implementation of the preventive maintenance program; and t1> Overseeing spill response and housekeeping measures. 4.2 lRisk Idlentification and! Assessment A baseline assessment should be performed to collect site infotmation, develop a site plan, identify potential storm water outfalls along the pipeline route, and to develop a plan for disturbing as little vegetation as possible, keeping cut and fill to a minimum, and limiting impacts to potentially sensitive areas. An onsite inspection should be conducted once the pipeline has been completed to identify potential sources of pollutants that could impact storm water discharge. Preventive maintenance measures to decrease the potential for storm water contacting potential pollutant sources are presented in Section 3.4. 4.3 Dust Contron Wind is capable of causing erosion, particularly in dry climates or during the dry season. Wind erosion can occur where surface soil is loose and dry, such as the eolian deposits that comprise the Mesa-Avalon soil complex. Wind erosion may also occur in areas where vegetation is sparse or absent, and the wind is sufficiently strong and can transport sediments to where they can be washed into a receiving water during the next storm event or by snowmelt runoff. The prevailing winds in the area of the San Arroyo pipeline are from the northwest to southeast. In general the planned route of the pipeline is on a bearing to the southwest, perpendicular to the predominant wind direction. The excavated top soil, ground cover, and overburden materials will be stockpiled for reuse once the pipeline section is completed. These stockpiles will be laid out parallel to the pipeline trench and will serve as wind breaks and storm water diversions. San Arroyo Pipeline 11 Cordilleran Compliance Services, Inc. Storm water Manage1nent Plan Arvada, Colorado During construction, disturbed areas, excavated materials, soil piles, and stockpiled materials should be wetted or covered to minimize dust as necessary. Access roads associated with the construction activities and future operation and maintenance of the pipeline right-of-way may also require wetting to prevent dust from blowing offsite. In open areas where high winds are possible, barriers consisting of wood fences may be required. A wind barrier generally protects soil downward for a distance of 10 times the height of the barrier. Perennial grass and stands of existing vegetation may also serve as wind barriers. The soil piles may need to be planted with native grass seeds to stabilize them if pipeline construction activities are delayed for longer than 30 days. Once the pipeline construction is completed, the pipeline will be buried and soils will be compacted to prevent dust from blowing away from the right-of-way disturbed areas. The right-of-way should be prepared for final stabilization. 4.4 Good Housekeeping The following items will be addressed to maintain a clean and orderly facility. 4.4.1 Operations and Maintenance Techniques © Develop and maintain inspection schedules (See Attachment A); correct deficiencies noted during these inspections; clean and maintain storm water management system components; ® Routine trash collection and disposal, and grounds maintenance; ® Familiarize employees with the storage locations for spill clean-up equipment; © Familiarize employees with the use of spill clean-up equipment; o Familiarize employees with good housekeeping procedures, tips, reminders, and pollution prevention concepts; ® Control erosion around vehicle access areas (gravel drive-through areas); and © Familiarize employees with inspection techniques and to identify problems with stmm water structural controls during routine inspections. Scheduled Completion Date: March 2005. Responsible Person: Company Title: SWMP Team Coordinator 4.4.2 Material Storage and Inventory The following good housekeeping practices will be followed at the material storage areas: ® Storage containers will be stored away from direct traffic to prevent accidents; e Dumpsters, empty containers, and other receptacles will be covered to prevent the collection of precipitation; e Storage areas will be kept free of trash; San Arroyo Pipeline 12 Cordilleran Compliance Services, Inc. Storm water Management Plan Arvada, Colorado © Impounded stotm water will be removed from storage areas as necessary. If the impounded storm water is not impacted it may be discharged to the ground; however, if it is chemically impacted, it should be removed using a vacuum truck and properly disposed offsite; © Chemical substances used at the facility will be identified, properly labeled, inventoried, and the Material Safety Data Sheets (MSDS) will be kept on file; © Chemical substance containers will be clearly labeled and have MSDS on file. The following information should be included on the MSDS: -Type of substance. -Stock number. -Expiration date. -Reactivity. -Corrosivity. -lgnitability. -Toxicity. -Health hazards. -Suggested hauling methods. -First aid requirements. © Containers will be stored off the ground to prevent corrosion. Scheduled completion date: March 2005 Responsible Person: Company Title: SWMP Team Coordinator 41.5 Best Mimagement !Prnctices Crescendo will implement appropriate storm water management practices including diversion structures, materials handling practices, spill prevention; sediment and erosion prevention; inspections; and other non-structural measures as construction proceeds along the pipeline right-of- way. 4.5. l Stonnwater Diversion © ASTs in safe areas and not located in gullies; " If onsite ASTs are used for vehicle and equipment refueling, the AS Ts will be contained within portable, secondary containment or lined, earth and gravel clad berms will be constructed to contain the AST. Earth and gravel clad berms may also be used to divert storm water away from the pipeline right-of-way on steep slopes or away from materials storage areas. Storm water impounded within the secondary containment will be inspected for obvious signs of impact. In the absence of impact the storm water may be lost through evaporation or discharged to the ground outside the containment; however if impact is observed, the impounded storm water should be properly disposed offsite. fl Culverts may be used to control runoff or divert it away from the tanks and equipment. © Piping may be buried to hold gravel in place or to drain non-impacted storm water away; San Arroyo Pipeline 13 Cordi/leran Compliance Services, Inc. Sto1m water Management Plan Arvada, Colorado Using grading or extending terraces across slopes to prevent storm water from flowing onto the pipeline right-of-way and planting open areas with native grasses or low growing plants soon after work is completed. Scheduled Completion Dates: March 2005 -June 2005 Responsible Person: Company Title: SWMP Administrator 4.5.2 Materials Handling and Spill Prevention Construction of the pipeline may require use of chemicals, such as solvents, paints, or other chemicals and petroleum products. Where possible, materials will be stored and handled in covered areas to prevent contact with storm water. Employees should receive training in identifying spills, and in containment and cleanup measures. Training should be provided for specific material handling procedures and practices, as well as the equipment used to mitigate spills. If bulk chemicals are used in construction, spill kits should be kept at active work areas as the pipeline construction progresses. Scheduled Completion Dates: March 2005 -June 2005 Responsible Person: Company Title: SWMP Administrator 4.5.3 Sediment and Erosion Prevention The following sediment controls and erosion prevention devices will be implemented as necessary: e Energy dissipating material, such as rip rap, weirs, straw bales, and/or gabions, will be placed at stormwater outfalls to slow erosion and prevent entrained sediments from entering water ways; Prevention of erosion damage will be achieved by using geotextiles or energy dissipating devices such as check dams, gabions, or rip rap along stream courses or their banks that are impacted by the pipeline right-of-way. ® Culverts will be cleared of debris and repairs made when necessary; ® Gravel will be maintained at vehicle access areas; and © Erosion damage identified during pipeline right-of-way inspections will be repaired as needed. e Construct temporary or permanent bridges to span dry washes where vehicle crossings are needed along the right-of-way to prevent ruts created by vehicles or equipment. Scheduled Completion Dates: February 2005 -June 2005 Responsible Person: Company Title: SWMP Coordinator San Arroyo Pipeline 14 Cordil/eran Compliance Services. Inc. Stonn water Management Plan Arvada, Colorado 4.5.4 Other Pollution Prevention Measures Other pollution prevention measures are as follows e Good Housekeeping Remove trash and debris from site. Keep dumpsters or other trash receptacles covered. Keep spoil piles and construction materials covered or bermed. e Preventive Maintenance Routine inspection of the pipeline right-of-way and valves. Routine maintenance of valves and piping. Maintain the pipeline right-of-way to prevent erosion. Culve1is should be cleared of debris and repaired when necessary. Record Keeping and Reporting Records will be maintained of right-of-way inspections, spills, and maintenance activities. If a reportable impacted storm water release occurs, a report will be submitted to UDEQ Water Quality, CDPHE, Water Quality Division, and/or the appropriate BLM district offices. This rep01i will document and summarize the results of the right-of-way inspections for the storm water management system along the San Arroyo Pipeline. Records and reports will be retained at the San Arroyo Plant as part of the SWMP for at least tlu·ee years or until final stabilization is achieved and the storm water permits are canceled or inactivated. Scheduled Completion Dates: June 2008 Responsible Person: Company Title: SWMP Team Coordinator ~.7 Employee Training Crescendo will implement a training program to address the areas of concern outlined in the SWMP for the San Arroyo Pipeline. Personal work responsibilities will be used to identify the appropriate attendees including Crescendo personnel and subcontractor employees directly working on the pipeline construction. The training may be incorporated and conducted with other environmental health and safety training programs. Records of the training, including the topics discussed, attendees, and an evaluation of BMPs in use must be maintained and kept at Crescendo's nearest field office and at the corporate office for a minimum of three years. An Employee Training Log is provided as Attachment E. Crescendo should make copies of this log form, fill it out for employee training sessions, and retain the copies for their records. The following topics will be included in the SWMP training program. San Arroyo Pipeline 15 Cordi//eran Compliance Services, Inc. Stonn water Management Plan Arvada, Colorado 4.7.l Introduction to Storm Water Permits @) Storm water regulations (CWA 55 FR 47990, CO: 5CCR 1002-61, UT: R317-8); 0 Purpose of the storm water permit; and e> Requirements of storm water permit. 4.7.2 Pertinent Components of the Permit -SWMP 19 Spill response and clean-up procedures Clearly identify potential spill areas and drainage routes. Ensure employees are aware of the materials handled, where those materials are used, and how materials are to be handled. Identify labels and location of Material Safety Data Sheets (MSDS). Discuss the environmental impact of potential spills. Ensure emergency contacts and telephone numbers are readily available. Introduce spill response team and discuss their duties. Ensure employees know the locations of spill response equipment. Drill employees on spill cleanup procedures. © Good housekeeping procedures Review and demonstrate basic cleanup procedures. Identify proper disposal methods and locations. © Best Management Practices Review use ofberms, grading, gravel, etc. for erosion control to avoid sedimentation. Process evaluation and equipment improvements to effectively reduce the potential for chemicals to come in contact with storm water or to reduce the potential for impacted storm releases. © Inspections Routine inspections along the pipeline right-of-way. Inspection of storm water discharges along the pipeline right-of-way. Comprehensive semi-annual inspection until final stabilization has been achieved. 4. 7 .3 Reporting and Recordkeeping Review and demonstrate inspection reporting and recordkeeping procedures including appropriate forms and tables (Attachment A through Attachment E). 4.7.4 Enforcement Crescendo is committed to the enforcement of the various components of the SWMP. This includes a review of storm water discharges and evaluation of whether the SWMP was followed or where modifications were necessary. San Anoyo Pipeline 16 Cordilleran Compliance Services, Inc. Stonn water Management Plan Arvada, Colorado 4.7.5 Other Topics © Description of Training: Discuss environmental and safety incidents. Discuss upcoming training sessions. Announce changes to the SWMP Plan. Announce new management practices. 4.8 Testing fol' Non-Stol'm Watel' Discharges Storm water will leave the pipeline right-of-way along the ground surface via natural drainage swales and culverts, not through sewers or other buried piping; therefore, non-storm water discharges are very unlikely to occur once the pipeline is completed. However, the pipeline will be hydrostatically tested prior to being put into service by filling the pipeline with water and pressurizing the water. Once the test is complete the water used in the hydrostatic test will be discharged under a separate pe1mit. Dry weather inspection of storm water discharge outfalls will be conducted as part of the comprehensive semi-annual inspection of the pipeline right-of-way to ensure that un-permitted waters are not included in the permitted discharge. Results of the non- storm water discharge inspections will be recorded on the worksheet provided in the SWMP Logbook (see Attachment A), which will be kept on file at the Crescendo's nearest field office. Field measurements and/or laboratory analyses to run for evaluation of non-storm water discharges may include: o Turbidity to evaluate sediment load from erosion; o pH if acids or bases are used during the constrnction activities or evaluate water quality; o Benzene, Toluene, Ethylbenzene, and Xylenes if petroleum hydrocarbons are suspected; o Conductivity to assess dissolved salts; o Sodium Adsorption Ratio (SAR) in soils to evaluate sodium content; o Total Dissolved Solids (TDS); • Chlorides and Sulfates to evaluate anions leaching from soils to water; and o Total metals (Arsenic, Barium, Boron, Cadmium, Chromium, Copper, Lead, Mercury, Molybdenum, Nickel, Selenium, Silver, Zinc) to evaluate potential impacts to water. It may be advantageous to collect storm water samples prior to initiation of construction to establish baseline data for some or all of these parameters depending on the likelihood that they impact storm water during constrnction. Establishing a baseline for these parameters may be useful to demonstrate that impacts to storm water have not occurred. At a minimum, samples should be field screened and laboratory analyzed for turbidity, TDS, chlorides, and sulfates by persons qualified to collect environmental samples. 4.9 Final Stabilization Final stabilization is defined as having all disturbed areas built on, paved, or a uniform vegetative cover has been established with a density of at least 70 percent of pre-disturbance levels, or installation of equivalent permanent, physical erosion reduction methods. Once the pipeline San Arroyo Pipeline 17 Cordilleran Compliance Services, Inc. Stonn water Management Plan Arvada, Colorado construction is completed and the Colorado pipeline section buried and compacted, Crescendo will replace topsoil over the disturbed area, scarify, and reseed with a native plant seed mixture approved by the BLM, or appropriate indigenous plant seed mixture. Any areas disturbed in Utah will also need to be appropriately stabilized and reseeded. A Notice of Termination should be submitted to the CDPHE and UDEQ requesting cancellation of the storm water permits. Based on a review of the Soil Surveys plants suitable for seeding may include the following • Fourwing salt bush, Gardner's saltbush, mat saltbush, • Wyoming big sage brush, • Green rabbitbrush, • Indian ricegrass, • Sand dropseed, • Bottlebrush squirreltail, • Galleta, • Intermediate wheatgrass, crested wheatgrass, o Winterfat, o Bluegrass, • Globemallow, and • N eedleandtread. Suitability for rangeland seeding is considered fair being limited by the low annual precipitation. For this reason, periodic watering of the reseeded areas is required to achieve final stabilization in addition to dust control measures. Once the pipeline is constructed, hydrostatic testing is completed, and final stabilization is achieved, there should be little exposure for impacts to storm water. Crescendo personnel will need to watch for areas exhibiting signs of excessive erosion during routine inspections of the pipeline right-of-way. Any areas exhibiting excessive erosion will need to be remediated. Vehicle traffic along the pipeline right-of-way or access roads may also result in erosion. Crescendo should employ structural control measures discussed in section 2.4. Work Practices may also prevent erosion. Pipeline inspections should not be perfmmed following heavy storms to reduce erosion and preserve access road surface conditions unless there is an indication of a problem with the pipeline. San AJToyo Pipeline 18 Cordi//eran Compliance Services, Inc. Stonn water Management Plan Arvada, Colorado 5.0 COMJPIRIEl3IIEN§NE KN§JPECTKON A comprehensive inspection will be made of the storm water management system at the San Arroyo Pipeline on a semi-annual basis, once in April and once in October. All inspection information will be available upon request to the UDEQ Water Quality Division, CDPHE Water Quality Control Division, and the BLM. The information will be summarized in an annual report until final stabilization is achieved and the Storm Water Discharge Permit(s) are cancelled or inactivated. SJ faspectfon of Potential Sources/Control Structures/Spill Response Equipment The SWMP Administrator will ensure that qualified personnel conduct the semi-annual comprehensive inspection. This inspection will include: 0 Identification of evidence for or the potential for pollutants to enter the storm water runoff from the potential sources of pollution identified in Section 3.4; © Inspection of secondary containment around the vehicle/equipment fuel AS Ts (if present); e Extetior inspection of fuel ASTs if present; "' Dry weather test for non-storm water discharge; ® Inspection of discharge during storm event; and '1l Inspection of sediment control measures and spill response equipment. Inspection forms and checklists for the Daily Log and Semi-Annual Inspection are included in the Attachment Band Attachment C, respectively. The EPA Storm Water Pollution Plan checklist is presented in Attachment D. The Employee Training Log Form is included as Attachment E. Completion date: March 2005 Responsible Person: Company Title: 5.2 Revision of JPfarn IRasecll 011 the Krnspection The results of the semi-annual comprehensive inspection will be used to update and revise the list of potential poliutant sources and the pollution prevention measures identified in Sections 3.4 and 4.3, respectively. Necessary changes will be made to the SWMP within two weeks of the inspection. Implementation of changes to the SWMP will be made within 90 days after the inspection. 5.3 Report of Inspection The results of the semi-annual comprehensive inspection will be recorded in the San AtToyo Pipeline SWMP Logbook (Attachment A) and will be available upon request to the UDEQ Water Quality Division, CDPHE Water Quality Control Division, or the BLM. The results will be. sununarized in the annual report, which will be signed and certified for accuracy by the SWMP Administrator. San Arroyo Pipeline 19 Cordi//eran Compliance Services, Inc. Stotm water Management Plan Arvada, Colorado 6.0 RECORDKIEEPING ANlll> KN1'ERNAL REPOlR1'ING PROCElll>URES The following procedures for recordkeeping and internal reporting will be followed to keep accurate and complete documentation of events associated with the storm water management program. 6.1 SWMP Logbook A SWMP Logbook has been developed for the San Anoyo Pipeline to record daily filed inspections to determine if storm water has been impacted by industrial activities and if so, if it has entered navigable waters of the United States. An example of the inspection checklist to be included in the logbook are presented in Attachment A 6.2 Daily Log The SWMP Logbook will include a Daily Log. This will not be filled out daily, but will be used, when appropriate, for recording pertinent information regarding storm water management activities. The kinds of information that will be recorded include: "' If fuel ASTs are used for vehicles and heavy equipment, they should be inspected daily for obvious leaks by site personnel as part of their routine duties. Observations of spills, leaks, or overflows; the location, time, date, and weather conditions when the event occurred; and the conective actions required and taken will be recorded; © Storm water management and pollution prevention training activities; © Contacts with regulatory agencies and personnel; and © Maintenance and repair of structural storm water management controls. An example of the Daily Log is presented as Attachment B. 6.3 Serni-amrnal Comprelbtensnve Inspection Form Twice a year, once in October and once in April, a comprehensive inspection of the potential sources of pollution, structural storm water management controls, fuel ASTs, non-storm water discharge, any storm water discharge, and spill response equipment will be conducted. Observation made during these inspections will be recorded on checklists, examples of which are included in Attachment C. The results of the semi-annual inspection will be incorporated into the annual report to potentially be submitted to UDEQ Water Quality Division, CDPHE Water Quality Control Division, or the BLM upon request. The annual report will need to be prepared each year until final stabilization of the pipeline right-of-way is achieved and the storm water permits have been cancelled or inactivated by the issuing agencies. San An·oyo Pipeline 20 Cordi//eran Compliance Services, Inc. Stonn water Management Plan Arvada, Colorado 7.0 CONSISTENCY WITH OTHER JPLANS This plan has been prepared to be consistent with existing Crescendo plans so that the storm water control measures called for in this plan do not conflict with controls named in other plans. Implementation of this plan is designed to work in concert with other Crescendo plans so that where possible requirements for training, record keeping, structural controls, and non-structnral controls may be used for more than one purpose. Additionally, this SWMP is flexible so that it can accommodate futnre plans or may be modified for consistency with other plans pending final stabilization. Crescendo has prepared the following: • Air Pollutant Emissions Notification System (APENS) permit application associated with the proposed pipeline; • Corporate Health and Safety Plan; e Hazard Communication Program; • Process Safety Management Plan; • Risk Management Plan for Gathering and Badger Wash Plant; • Badger Wash Plant SPCC Plan; and • Badger Wash SWMP. This plan has been prepared with consideration for the AP ENS which has specific requirements for dust control dming pipeline construction. Stockpiling excavated soils parallel to the pipeline trench, perpendicular to the predominant wind direction, and wetting these soils are the dust control measures named in this SWMP and the APENS permit. Additional controls may be necessary as conditions warrant. Crescendo has prepared a Corporate Health and Safety Plan. The excavation, trenching, and pipeline construction activities discussed in this SWMP will be conducted consistent with the Corporate Health and Safety Plan, as well as any applicable State or Federal regulations. Crescendo has prepared a Hazard Communications Program to notify employees and contractor employees of potential hazards that may be encountered during pipeline construction. Applicable MSDS for chemicals used onsite will be available to employees or subcontractor employees, and training will be provided as outlined in these plans. A Process Safety Management (PSM) Plan has been prepared for Crescendo's nearby Badger Wash Plant. None of the control measures described in this SWMP are expected to conflict with those defined in the PSM; however, the PSM takes precedence over this SWMP in the event that control measures conflict between these plans. A Risk Management Plan has been prepared for gas gathering operations and for the Badger Wash Plant operations. The control measures identified in this plan are designed to compliment those in the Risk Management Plan for these facilities. San Arroyo Pipeline 21 Cordi//eran Compliance Services, Inc. Storm water Management Plan Arvada, Colorado This SWMP has been written without the preparation of a separate Spill Prevention Control and Countermeasures (SPCC) plan specific to the pipeline operations. If vehicle or equipment refueling ASTs exceeding 1,320 gallons are used during the construction activities, Crescendo should evaluate the need to prepare an SPCC plan for the construction activities. If production AS Ts with aggregate capacity greater than 1,320 gallons are constructed in the future, the owner/operator responsible for those ASTs will need to prepare a SPCC plan to comply with § 112.7 of the Oil Pollution Prevention Regulation (40CPR§112) issued under section 311 of the Federal Water Pollution Control Act. A SPCC plan should be written by qualified Crescendo personnel or by an outside party with knowledge of the facility, and must be certified and stamped by a registered, professional engineer. This plan is similar to the SWMP written for the construction of the Badger Wash Gas Processing Plant. It differs from the Badger Wash SWMP in that the Badger Wash Gas Processing Plant SWMP contained provisions for industrial stotm water discharges associated with operation of the plant following completion of the plant construction. Once the San Arroyo Pipeline is constructed, hydrostatic testing is completed, and final stabilization is achieved no exposure to storm water is expected. A Notice of Termination should be submitted to the State agencies to cancel or inactivate the associated permits, and the SWMP can be closed. San Arroyo Pipeline 22 Cordi//eran Compliance Services, Inc. Storm water Management Plan Arvada, Colorado 8.0 AlLLl[)W ABLE NON-STORM WATER JIUSCHARGES According to Crescendo, non-stonn water discharge permits have not been previously issued for the San Arroyo Pipeline from the CDPHE or from the UDEQ Water Quality Division. Generally, discharges are not allowed other than discharges entirely of storm water, except if necessary, water for fire fighting activities. The pipeline will be hydrostatically tested for leaks prior to being put into service. The pipeline will be filled with water and will be pressurized. Once the testing is complete, the water used in the hydrostatic testing will be discharged under a separate, light industry pennit. Potable water used for dust control and to promote germination of the seeded areas is intended to remain within the disturbed areas of the right-of-way and is not to runoff or be discharged to receiving waters or drainages. San Arroyo Pipeline 23 Cordi//eran Compliance Services, Inc. Stoffil water Management Plan Arvada, Colorado 9.0 AlDlllifrIONAL JRJEQlJHIBMENTS J!i'OR J!i'ACU,ITIES SUBJECT TO SARA TITLE HK, § 313 REQUKREMENTS The San Arroyo pipeline is not subject to SARA Title III, Section 313 requirements because there have been no releases of reportable quantities of hazardous materials to land or water from this facility. Due to the nature of the proposed construction, releases of reportable quantities of hazardous materials to land or water are not expected during pipeline construction. However, stored hazardous substances in excess of I 0,000 pounds must be reported to the State Emergency Response Coordinator (SERC), Local Emergency Response Coordinator, and local fire department under SARA Title III, Sections 311/312. This may include use and storage of steel pipe if grinding, cutting, or welding is perfo1med. Local Emergency Planning Committee (LEPC) contacts can provide additional information for SARA Title III and are included in Table 1 for Garfield County, Colorado and Grand County, Utah. San Arroyo Pipeline 24 Cordilleran Compliance Services, Inc. Stonn water Management Plan Arvada, Colorado Crescendo Energy San An-oyo Pipeline SWMP SAN ARROYO JP!l!"EL!NE FIGURE§ ANllJJ 'f AJBJLE§ Figures and Tables Cordil!eran Compliance Services, Inc. TABLE I NOTIFICATION OF OUTSIDE PARTIES PlJIRJUC SAFETY OFFICIALS AND GOVERNMENT AGENCIES Crescendo Energy, LLC. San Arroyo Pipeline PUBL][C SAFETY NOTIFICATION Fire ................................................................................................................................... 911 Police ............................................................................................................................... 911 GOVERNMENT AGENCY NOTIFICATIONS -VERBAL National Response Center ........................................................................... 1-800-4124-8802 (24 hr/day-7 days/week) Colorado Department of Public Health & Environment ........................... 1-(877) 518-5608 Toll-Free 24-hour Environmental Emergency Spill Reporting Line Utah Department of Environmental Quality Division of Environmental Response and Remediation ........................... ! (801) 536-4123 (24 hour Emergency Phone # for Incident Spills) Colorado Department of Natural Resources Oil and Gas Conse1vation Commission ...................... , ................................. (303) 894-2100 (toll free spill/complaint line) 1-888-235-HO! (24 hr/day) Utah Department of Natural Resources Utah Division of Oil, Gas, and Mining ........................................................ (801) 538-5277 Extreme Emergencies (24 hr/day) ................................................................ (801) 538-34100 Utah State Emergency Response Commission Department of Public Safety ......................................................................... (80 l) 538-3400 Division of Emergency Services and Homeland Security ........................ or (801) 536-4170 1110 State Office Bldg/P.O. Box 141710 Salt Lake City, UT 84114-1710 Grand County Local Emergency Response Commission (LEPC) Grand County Sheriff's Depaiiment (Chief Deputy Doug Squire) .............. (435) 259-8115 Moab Fire Department (ChiefCorky Brewer) ............................................. (435) 259-5557 Colorado Emergency Planning Commission ................................................ (303) 692-3022 Dale Hancock, LEPC Chair .......................................................................... (970) 945-8020 Garfield County Local Emergency Planning Commission (LEPC) 109 81h Street, Suite 300, Glenwood Springs, Colorado 81601 Crescendo Energy San Arroyo Pipeline SWMP Figures and Tables Cordilleran Compliance Services, Inc. GOVERNMENT AGENCY NOTKFI<CATIONS -WRITTEN Report spills that have the potential to reach or have reached state waters to: Colorado Department of Public Health and Environrnent.. .......................... (303) 692-3500 Water Quality Control Division (8 am - 5 pm) 4300 Cherry Creek Drive South (303) 692-3596 Denver, Colorado 80222-1530 (notify within 24 hrs) Utah Department of Environmental Quality ................................................ (801) 538-6146 Division of Water Quality (8 am - 5 pm) P.O. Box 144870 FAX (801) 538-6016 Salt Lake City, UT 84114-4870 (notify within 24 hrs) National Response Center ........................................................... (800) 424-8802 (24-Hour) c/o United States Coast Guard (G-OPF) Room 2611 ................................... (202) 267-2675 2100 2"d Street, Southwest Washington, D.C. 20593-0001 U.S. Department of Transportation General Information/Main Switch Board ..................................................... (202) 366-4000 (Monday Through Friday, 8:30 am -5:30 pm) Office of Pipeline Safety .............................................................................. (202) 366-4580 Information Resource Manager 400 7th Street, S.W. Washington, DC 20590 o (Gas Distribution -Form RSPAF 7100.1-1) @ (Gas Transmission and Gathering-Fotm RSPAF 7100.2-1) U.S. Department of Transportation .............................................................. (303) 231-570 I Office of Pipeline Safety (notify within 24 hrs) 12600 West Colfax Avenue, Suite A250 Lakewood, CO 80228 Pipeline lLealks (800) 424-8802 (To Obtain Forms RSPAF 7100.1-1 and 7100.2-1)\ Colorado Department of Natural Resources Oil and Gas Conservation Commission ........................................................ (303) 894-2100 1120 Lincoln Street, Suite 801 Spill/Complaints 1-888-235-1101 (notify within 24 hrs) Denver, Colorado 80203 (Spill/Release Report Form 19 w/in 10 days) Crescendo Energy San Auoyo Pipeline SWMP Figures and Tables Cordilleran Compliance Services, Inc. TABLE 1 NOTIFICATION OF OUTSI][)E PARTIES PUBLIC SAFETY OFFICIALS AN][) GOVERNMENT AGENCIES (Continued) Crescendo Energy, LLC. San Arroyo Pipeline GOVERNMENT AGENCY NOTIFICATIONS -WRITTEN Bureau of Land Management Field Offices Grand Junction Field Office ......................................................................... (970) 244-3000 2815 H Road .......................................................................................... Fax (970) 244-3083 Grand Junction, Colorado 81506 Glenwood Springs Field Office .................................................................... (970) 94 7-2800 506 29 Highways 6 & 24 ....................................................................... Fax (970) 947-2829 Glenwood Springs, Colorado 8160 I Moab Field Office ..................................................................................... 1(435)259-2100 82 East Dogwood ................................................................................ Fax 1(435)259-2106 Moab, Utah 84532 OTlfIBJR. GOVERNMENT AGENCY CONTACTS Environmental Protection Agency-Region 8 .............................................. (303) 312-6312 999 18 1h Street, Suite 300 ........................................................................... 1(800)227-8917 Denver, Colorado 80202-2466 Colorado Public Utilities ............................................................................. (303) 894-2000 1580 Logan Street, 2nd Floor Denver, Colorado 80203 Uiah Department of Commerce Division of Public Utilities ........................................................................... (801) 530-7622 P.O. Box 146751 Salt Lake City, Utah 84114-6751 Mesa County Department of Health 515 Patterson Road Grand Junction, Colorado ............................................ (970) 245-7800 Water Quality Control .................................................................................. (970) 248-7150 222 South 6th Street #232, Grand Junction, Colorado 81501 Grand County Emergency Manager .......................................................... 1 ( 435) 259-1348 ................................................................................................................... 1 (435)259-8115 Crescendo Energy San Arroyo Pipeline SWMP Figures and Tables Cordilleran Compliance Services, Inc. TABJLE 1 NOTIFICATION OF OlJ1!'SKDE PARTIES PUBLIC SAFETY OFFICIAJLS AN][) GOVERNMENT AGENCIES (Colllfomed) Colorado State Patrol .................................................................................... (970) 858-2250 554 Jurassic Court Fruita, Colorado 84532 Utah Highway Patrol .................................................................................... (435) 259-5441 125 E. Center Street Moab, Utah 84532 Colorado Oil and Gas Commission -Field Office ....................................... (970) 285-7000 73 Sipprelle Dr #J-1 Parachute, Colorado Transportation Department ........................................................................... (970) 268-5816 Crescendo Energy San Arroyo Pipeline SWMP Figures and Tables Cordilleran Compliance Services, Inc. 'fAlBLE 2 SPILL CLEANUP CON'fRAC'fORS CONTRACTOR D & G Roustabout Service 8643 20 Road #A Fruita, Colorado Crescendo Energy, LLC San Arroyo Pipeline PHONE (970) 858-1581 Roustabout Specialties Inc. (970) 858-0453 2010 Highway 6 and 50 #C Fruita, Colorado Craigs Roustabout Service ( 435) 828-4242 Vernal, Utah J West Roustabout Service ( 435) 828-5046 Vernal, Utah Cordilleran Compliance Services (970) 263-7800 826 21 Y, Road Grand Junction, Colorado 81505 Toby's Vacuum Truck Service (970) 285-7271 16 Murray Court Parachute, Colorado Key Energy Services (303) 659-2062 1313 Denver Avenue Ft. Ltrpton, Colorado Crescendo Energy San Arroyo Pipeline SWMP SERVICE Roustabout Roustabout Roustabout Roustabout Environmental Consulting and Remediation Vacuum Trucks Vacuum Trucks Figures and Tables Cordilleran Cotnpliance Services, Inc. TABLE3 Storm Water Outfall Area Delineations San Arroyo Pipeline Garfield County Colorado -Grand County l!Jtah Outfall Name State Pipeline Segment Legal Descriptions West Salt Creek -001 co Section3, 4, 9, 8, 17, T8S, Rl04W (The area of the West Salt Creek drainage basin upgradient of Outfall 001 is approximately 92.3 square miles) Prairie Canyon -002 co Section 7, 18, T8S, Rl04W; Section 12, T8S, Rl05W Section 19, 30, 31, 32, 33, Tl6S, R26E (The area of the Prairie Canyon drainage basin is 44.8 square miles upgradient of Outfall 002. This includes approximately 6 sauare miles for Bar X. Bar X-003 UT Section 19, 30, 31, 32, 33, Tl6S, R26E, Section 13, 24,25, TI 6S, R25E (The area for Bar X is approximately 6 square miles upgradient of Outfall 003. For the purposes of this plan, Bar X is included as part of the Prairie Canyon drainage basin) Bitter Creek -004 UT Section 13, 14, 26 Tl6S, R25E (The area for the Bitter Creek drainage basin is approximately 10.4 square miles upgradient of Outfall 004.) The locations of the Storm Water Outfalls are shown on Figure 1 and Figure 2. The approximate outlines of the drainage basins upgradient of the outfalls along the pipeline right-of-way are shown on Figure 2. Crescendo Energy San Arroyo Pipeline SWMP Figures and Tables Cordilleran Compliance Services, Inc. I / v'f Drainage /' / 1.1' Basin ,f" Outline ....... :, 1 ,-... -- \ '/11' I ' I I k I ' ,,·--" • , / I-_. West Salt cr1ek!' South Cany~92,3j l)li 2 L I I ' ,, < /t' / / 8'0 ; 0 Jl, I'., \ \ ~-· -\~. \ ,.,.,-- {~~~~'"'] K ,, ·• ,, '11. y'\ ,J '~; '/~i'- J -- Pipeline . Drainage Basin Intercept Outfall ], '."'."'.'""\ ' ,.·,I ,, ~ f I' ·',, .ft~:·?'"• ' ' I" I I I I -~.; r I '' i. ./ ' \·'. ; (' ,.(.'> ., ··t~"\ t "' " '_'. ~,-. J7-'. • .. r J I: ~-/(~-- I, I 1.'· I I r ' . j.,. Jb I~-' i',J h '• ·\ ~- f -~I•-· I :i '' -·o,.,, , .. , ·1<·"'.jj(~- I· r ,I . ·: . \ ~, I .• ,. _:.~_:iy.,., -- , I ,_ "-.-· I i I I I I i I I ·:!f(' i :,, I / , ~· '. ,, ' 1" I ,,,,, ' ,, " I ~ ! . ~ ' ~ ! ·~ I ! I ---~-···~ ',I r I I ,_,,.,,, 1gure 2 Storm Water Drainage Basin Areas and Outfalls San Arroyo Pipeline -~~~ Proposed Pipeline Right of Way ~-,;:..~--- i.:·::: ('\' ! StormWaterOutfall \ I -~~ .. ,_.~·i\: -~·-;; ·1 ;/< ·,( .· ,>..· '._ ' '·\' \. ' ... ,J . \) \ ,/ ,\) ' l ' . . I /1 \ ; l 1., ! I 1" I / , J (; '. " \• I I 1 j /'\/ . ft· I /j 'J-\ ' ' • ' --'J Figure 1 Base Map San Arroyo Pipeline " \ \ ·.r, Storm Water Management Plan (SWMJP>) Logbook for 2005-2007 Crescendo Energy, LLC San Arroyo Pipeline Garfield County, Colorado and Grand County, Utah This log is a record of the daily field inspections conducted in order to determine if storm water has been impacted by industrial activities and has left the San Arroyo Pipeline right-of-way and entered navigable waters of the United States of America. Crescendo Energy, LLC personnel conducted these inspections during their routine daily activities in order to identify potential storm water impacts on the following dates. Personnel conducting Inspection: Reported Releases: Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No I am familiar with the personnel and operations at the San Arroyo Pipeline, and to the best of my knowledge, the information contained is true and accurate. Nameffitle Crescendo Energy San Arroyo Pipeline SWMP Date: Appendix A Cordilleran Compliance Services, Inc. Crescendo Energy San Arroyo Pipeline SW1v!P AT'fACHMEN'f lB SAN ARROYO PKPELKNE lll>AILYLOG Appendix B Cordilleran Compliance Services, Inc. Sltorm water Management Plan Ji)aily Log Field Checklist Crescendo Energy, LLC San Arroyo Natural Gas Pipeline Garfield County, Colorado and Grand County, Utah Person Conducting Inspection: Title: Date ofinspection: I. Have all of the storm water outfalls been identified and inspected? Yes No (storm sewer inlets, grates, culverts, swales, retention ponds) 2. Were all of the storm water outfalls observed to be unobstructed and free of debris? Yes No 3. Have any releases of impacted storm water occurred at the facility?Yes No If yes, explain: ------------------------ (use additional sheets if necessary) 4. Were any chemical leaks with the potential to impact storm water observed in the vicinity of any of the equipment or piping? Yes No If Yes, was anything done to stop the leak at the time of inspection? Yes No Explain: -------------------------- 5. Are the aboveground storage tanks (ASTs) for condensate, produced water, amines, lubrication oil, etc. enclosed by a earthen berm or other secondary containment? Yes No 6. Did the above secondary containment have impounded storm water? Yes No If Yes, was there any evidence of chemical impact such a sheen or product? Yes No Explain: ------------------ 7. Have the ASTs in use at the plant had any obvious spills, leaks, or overflows? Yes No 8. How and where is storm water diverted away from process equipment and chemical storage areas? ---------------------When was the most recent precipitation event? ------------ Approximately how many inches of precipitation were received? _____ _ Crescendo Energy San Arroyo Pipeline SWMP Appendix B Cordi!leran Compliance Services, Inc. Storm Water Management Plan Daily Log Field Checklist (Continued) Crescendo Energy, LLC San Arroyo Natural Gas Pipeline Garfield County, Colorado and Grand County, Utah 9. What practices are currently employed in materials handling areas to minimize impacted storm water runoff and spill prevention? 10. What practices are currently employed to control soil erosion and prevent impacted runoff from leaving the site? (energy dissipating devices including gravel, gabions, diversion dikes and swales, rip-rap, vegetation, concrete weirs, etc.) 11. Were water samples collected to evaluate storm water quality? Yes No If yes, what parameters were analyzed and what was the name of the laboratory? 12. What other pollution prevention measures are currently in use along the pipeline right-of- way, either structural or non-structural measures, for storm water quality control onsite? Crescendo Energy San An·oyo Pipeline SWMP Appendix B Cordilleran Compliance Services, Inc. ATTACHMENT C SA.N ARROYO ll'IPELINIE SJEMI-ANNUAL INSPECTION CHECIKJLIS'lf S1'0RMW ATER ANNUAL REPORT -L!GlB!T HNDUS1'RY COLORADO DEPT. OF PUlBUC HEALTH & ENVJmONMEN1' UTAll:I S1'01RM WATER DISCHARGE MONITORING REPORT (SWDMIR) STORMW ATER ANNUAL REPO.U.Uf -!LIGHT INDUSTRY COLORAIDO DEP'.lf. OJF ll"lUBLIC l!IlEA.LTJll[ & ENVIRONMENT Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver, CO 80246-1530 Make enough copies of form for each reporting year. Check box if this is a new name, address, etc. Pennittee (Company Name):, ______________________ o Facility Name: _________________________ o Mailing Address: Facility Phone Number: ( ) Permit Certification No. C)R-01 ___ _ Reporting Period: Jan. 1-Dec. 31, 200_ (Form is due by Feb. 15 of the following year) **EACH SECTION MY§! BE COMPLETED. lP'LEASE PRINT OR TYPE,** A.. A report on the facility's overall compliance with the SWMP. (Include here a summary of any measures taken to comply with your Stormwater Management Plan (SWMP), to fully implement it, changes or improvements made in any of your Best Management Practices (BMPs), employee training, spills, other problems encountered, etc. How is your plan working?) Were changes made to your SWMP? 0 No on a separate sheet. D Yes -Describe changes JS. A summary of each comprehensive stormwater facility inspection made, including date, findings. and action taken. (The permit requires at least two comprehensive facility inspections per year -see page 8 of the permit. Include here a summary of those inspections, plus any other comprehensive inspections made. It is not necessary to summarize day-to-day inspections, unless significant problems were noted.) First Inspection -Date _/_/_. Findings, and action taken: STORMW ATER ANN1IJAL REPORT -LIGHT INDUSTRY Peirmit Ced, No, COlR·IH ___ _ Second Inspection -Date _!_/_. Findings, and action taken: Other Inspections -Date _/_/_. Findings, and action taken: IC. Results and interpretation of any stormwater monitoring performed. Attach a separate sheet with the lab results. (Monitoring is Hl!ot a requirement under the permit, unless you were specifically directed to do so by the Division. However, the results of any stormwater monitoring that you performed on your own should be reported here.) Monitoring Results Attached? 0No 0Yes ][}). Cerfil'icatiolll "I 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." Signature of Permittee (legally responsible person) Date Signed Name (printed) Title U'fAll STORM WATER DISCHARGE MONITORING REIPOR'lr (SWDMR) (For additional forms copy this form or contact the DWQ) I IDENTIFICATION & LOCATION Name: Crescendo Energy, LLC Mailing Address: 1031 Andrews Highway, Suite 211 Midland. Texas 79701 Monitoring Period: Permit No. UTR ------- Location (if different ) Grand County. Utah From: Month __ Day __ Year __ To: Month __ Day __ Year __ Total Storm Water Discharge Points Number assigned to this Discharge Point I INDUSTRY SEC'fOR{S) Industrial Activities or Industry Sector(s) Drained by this Discharge: A. Timber Products Facilities Facilities. II. Paper and Allied Products Manufacturing Facilities. C. Chemical and Allied Products Manufacturing Facilities. D. Asphalt Paving, Roofing Materials, and Lubricant Manufacturing Facilities. E. Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing Facilities. F. Primary Metals Facilities. G. Metal Mines (Ore Mining and Dressing). IH!. Coal Mines and Coal Mine-Related Facilities. Product 1. Oil or Gas Extraction Facilities. J. Mineral Mining and Processing Facilities. K Hazardous Waste Treatment Storage or Disposal Facilities. IL. Landfills and Land Application Sites. M. Automobile Salvage Yards. N. Scrap Recycling and Waste Recycling Facilities. 0. Steam Electric Power Generating Facilities. II'. Motor Freight Transportation Facilities, Passenger Transportation Facilities, Petroleum Bulk Oil Stations and Terminals, the United States Postal Service, or Railroad Transportation Facilities. Q. Vehicle Maintenance Areas and Equipment Cleaning Areas of Water Transportation R. Ship or Boat Building and Repair Yards. S. Vehicle Maintenance Areas, Equipment Cleaning Areas or Airport Deicing Operations located at Afr Transportation Facilities. 'f. Wastewater Treatment Works. U. Food and Kindred Products Facilities. V. Textile Mills, Apparel and other Fabric Product Manufacturing Facilities. W. Furniture and Fixture Manufacturing Facilities. X. Printing and Publishing Facilities. Y. Rubber and Miscellaneous Plastic Manufacturing Facilities. Z. Leather Tanning and Finishing Facilities. AA. Facilities That Manufacture Metal Products including Jewelry, Silverware and Plated Ware. AB. Facilities That Manufacture. Transportation Equipment, Industrial or Commercial Machinery AC. Facilities That Manufacture Electronic And Electrical Equipment and Components, Photographic and Optical Goods. AD. Non-Classified Facilities. I SIGNATURE Name/I'itle Principle Executive Officer (Typed or Printed) I 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 gathered and evaluated 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. See 18 U.S.C.1001and33 U.S.C. 1319. (penaltiesunderthesestatuesmayincludefinesupto$JO,OOOa1uiormaximum imprisonment of between 6 months and 5 years.) Signature of Principle Executive Officer or Authorized Agent Date Comments: __________________________________ _ i INFORMATION Adverse Weather Waiver. When a discharger is unable to collect samples within a specified sampling peliod due to adverse climatic conditions, the discharger shall collect a substitute sample from a separate qualifying event in the next period and submit the data along with data for the routine sample in that peliod. Adverse weather conditions that may prohibit the collection of samples include weather conditions that create dangerous conditions for personnel (such as local flooding, high winds, hurricanes, tornadoes, electrical storms, etc.) or otheiwise make the collection of a sample impracticable (drought, extended frozen conditions, etc.). Exemption to Monitoring Requirements. (Does not apply to sector Sor any Visual Monitoring Requirements.) As an alternative to monitoring an outfall, an mmual certification may be made that material handling equipment or activities; raw or waste materials; intermediate, final, or by-products; industrial machinery or operations; and significant materials from past industrial activity that are located in areas of the facility within the drainage area of the outfall are not presently exposed to storm water and will not be exposed to storm water for the certification period. Such certification must be retained in the storm water pollution prevention plan, and submitted to the DWQ in accordance with Pan V.B of the permit. In the case of cenifying that a pollutant is not present, the permittee must submit the cenification along with the monitoring repo11s required under re/jorting requirements in the sector. If the pennittee cannot certify for an entire period, they must submit the date exposure was eliminated and any 1nonitoring required up until that date. This ce11ification option is not applicable to compliance monitoring requirements associated v;ith effluent limitations. When to Monilor and Report. Samples must be collected and analyzed at least once during each three month monitoring period. Monitoling results must be submitted annually. See Reporting for dates. More Frequent Monitoring. If sampling is conducted more frequently than semi-annually, all sampling results must be submitted. A separate SWDMR is required for each storm event sampled. How to Report. A separate SWDMRform is required for each storm event and for each outfall sampled. SWDMRs must be signed and mailed to the Division of Water Quality, and must be postmarked by the date specified under Monitoring Periods and Reponing Deadlines. The permittee should retain a copy. The address and phone number for questions or to mail the SWDMR is: Depa11ment of Environmental Quality Division of Water Quality Attention Storm Water Coordinator PO Box 144870 Salt lake City, UT84114-4870 (801)538-6146 Substantially Identical Discharges. If there is reason to believe that the discharges from two or more outfalls are substantially identical, one of the outfalls may be monitored and that data submitted for all substantially identical outfalls. A description of the location of the outfalls, an explanation of why the outfalls have substantially identical discharges, and the size of the drainage area and runoff coefficient must be submitted as an attachment to the SWDMR .. VISUAL MONITORING REQUIREMENTS Sample and Data Collectkm: Examinations shall be made of samples collected within the first 30 minutes (or as soon thereafter as practical, but not to exceed one hour) of when the runoff or s1wwmelt begins discharging. The examinations shall document observations of color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil sheen, and other obvious indicators of stonn water pollution. The examination must be conducted in a well lit area. No analytical tests are required to be performed on the samples. All such samples shall be collected from the discharge resulting from a stonn event that is greater than 0.1 incites in magnitude and that occurs at least 72 hours from the previously measurable (greater than 0.1 inch rainfall) stonn event. Where practicable the same individual will carry out the collection and examination of discharges for the life of the pennit. ~l;.Q~ (tfJttk ~~#-~:tiilfi•>~ 1. Identification of Color. Black Dark Grey Medium Grey Light Grey Dark Chocolate Brown Medium Brown Light Brown Tan Yellow Green Other ____________ _ 2. ]lltensity of Color. Very intense Prominent Comments: ~7mk<tM'fliilit'Om): Totally Opague Slightly Translucent fl~ll<~~~~~·)~ Moderately Perceptible Hardly Perceptible Translucent Nearly Transparent Transparent Diesel Gasoline Petroleum Solvent Musty Sewage Noxious Chlorine Other Rotten Egg Sulfur No Odor Comments: ______________________________________ ~--- &P~ Floating Solids: (Description) ____________________________________ _ Suspended and Settled Solids: (Description) ____________________________________ _ ATIACJH!MEN'f D SAN ARIR.0¥0 !P'IPJEJLINJE lE!P' A STORM WATER ll"OLL1U1'ION lP'l!IBVENTION ll"JLAN CIHDECKJLKS'II'S I EPA BASELINE CONSTRUCTION GENERAL PERMIT REQUIREMENTS ?RE- CONSTRUCTION CHECKLIST Storm Water Pollution Prevention Plans 1. A site description, including: o The nature of the activity? o Indented sequence of major constrnction activities o The total area of the site o The area of the site that is expected to undergo excavation o The runoff coefficient of the site after construction is complete o Existing soil or storm water data o A Site Map with: o Drainage patterns o Approximate slopes after major grading o Area of soil disturbance o Outline of areas that will not be disturbed o Location of Major structural and non-structural controls o Areas where stabilization practices are expected to occur o Surface waters o Storm water discharge locations o The name of the receiving water(s) 2. A description of controls: 2.1 Erosion and sediment controls, including: o Stabilization practices for all areas disturbed by constrnction o Structural practices for all drainage/discharge locations 2.2 Storm water management controls including: o Measures used to control pollutants occurring in storm water discharges after constmction activities are complete. o Velocity dissipation devices to provide nonerosive flow conditions from the discharge point along the length of any outfall channel. 2.3 o Other controls including: 2.4 o Description of timing during the construction when measures will be implemented. 3. o Are State or local requirements incorporated into the plans? 4. o Are maintenance procedures for control measures identified in the plan? 5. o Identification of allowable non-storm water discharges and pollution prevention measures. 6. o Contractor certification. 7. o Plan ce1tification. A-1 JEPA BASELINE CONS1'RUC110N GENERAL PERMIT CHECKLIST Storm Water Pollution Prevention Plan Construction/Implementation Checklist I. Maintain Records of Construction Activities, Including: D Dates when major grading activities occur D Dates when construction activities temporarily cease on a pmiion of the site D Dates when construction activities permanently cease on a portion of the site D Dates when stabilization measures are initiated on the site 2. Prepare Inspection Reports summarizing: D Name of Inspector D Qualifications of Inspector D Measures/areas inspected D Observed conditions D Changes necessary to the SWPPP 3. Repmi Releases of Reportable Quantities of Oil or Hazardous Materials (if they occur): D Notify National Response Center 800/424-8802 immediately D Notify permitting authority in writing within 14 days D Modify the pollution prevention plan to include -the date of the release -circumstances leading to the release -steps taken to prevent reoccurrence of the release 4. Modify Pollution Prevention Plan as necessary to: D Comply with minimum permit requirements when notified by EPA that the plan does not comply LJ Address change in design, construction operation or maintenance which has an effect on the potential discharge of pollutants D Prevent reoccurrence of repmiable quantity releases of a hazardous material or oil JEJ!>A BASElLINJE CONSTJ!UJCT!ON GENJERAJL PERMJ!'JI' CHECKLIST Storm Water Pollution Prevention Plan Final Stabilization/Termination Checklist I. D All soil disturbing activities are complete 2. o Temporary erosion and sediment control measures have been removed or will be removed at an appropriate time 3. o All areas of the construction site not otherwise covered by a permanent pavement or structure have been stabilized with a uniform perennial vegetative cover with a density of 70% or equivalent measures have been employed A-2 J.>OLILUTION PREVENTION J.>ILAN FOR STORM WATER DISClll!ARGE ASSOCIATED WITH CONSTIUJCTION ACTIVITIES EROSION AND SEDIMENT CONTROL SELECTION CHECKLIST INSTRUCTIONS: TillS CHECKLIST LISTS THE MINIMUM SEDIMENT EROSION CONTROL REQUJREMENTS UNDER THE USEP A GENERAL PERMIT. Cl!El( [v'] BASCH ITEM AND FILL IN THE BLANKS BELOW TO EVALUATE COMPLIANCE FOR EACH DRAINAGE AREA AND WCATION. NOTE: THIS CHECKLIST WAS PREPARE FOR THE USEPA GENERAL PERMIT. REQUIREMENTS FOR STATE GENERAL PERMITS MAY VARY. Stabilization Practices O Stabilization will be initiated on all distnrbed areas where construction activity will not occur for a period of more than 21 calendar days by the 14th day after construction activity has permanently or temporarily ceased. Stabilization measures to be used include: 0 Temporary Seeding o Sod Stabilization 0 Permanent Seeding o Geotextiles 0 Mulching o Other Strudumral ll'iractices 0 Flows from upstream areas will be diverted from exposed soils. Measures used include: 0 Earth Dike o Pipe Slope Drain 0 Drainage Swale o Other o Interceptor Dike and Swale Drrunage locations serving Iless thmu llll Drainage focations serving 10 or moire dlistruurboo acres dlisturbe«ll acres u Sediment controls will be installed 0 A Sediment Basin will be installed Sediment controls will include: 0 A Sediment Basin is not attainable 0 Sediment Basin on the site; therefore, the following 0 Sediment Trap sediment controls will be installed; 0 Silt Fence or equivalent controls Sediment Trap and Silt Fence or along all sideslope and downslope equivalent controls along the boundaries sideslope and downslope boundaries. Sediment Basin Runoff Calculation acres area draining to the sediment basin x 3,600 cubic feet of storage/acre = cubic feet of storage required for the basin. A-3 ATTACHMENT E SAN ARROYO> IPIPEJLHNE EMPLOYEE TAAINHNtG JLOG Sfoirmwateir Mamiagemel!lla !P'Ill!urn Employee Training lLog Crescendo Energy, LLC San Arroyo Natural Gas Pipeline o Storm Water Regulations o Purpose of the Storm Water Permit o Requirements of the Storm Water Permit o Components of the SWMP o Good Housekeeping Procedures o Best Management Practices o Inspections o Record Keeping/Reporting Attel!llcll111111ce 0 0 0 0 0 Storm Water Discharges Non-Storm Water Discharges NPDES Permit Requirements Changes to the SWMP Other~~~~~~~~ Printed Name Comoany!fitle Signature Date REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 April 11, 2005 Regulatory Branch (200575191) Mr . Fred J arman ) Garf i e l d County Building and P l anni n g Department 108 8th S t reet, Suite 201 Glenwood Springs , Colorad o 8 1 601 Dear Mr. Jarman: RECEIVED APR 1 3 2005 GARt-lf:LD COUNTY BU ILD ING & PLANNING I am respond ing to you r written request for comment on the Crescendo Energy, LLC , 6-inch natural gas line project . The project is located at West Salt Creek within Section 4, To wnship 8 Sout h, Range 104 West, Latitude 39° 23 ' 52 .7", Longitude 108° 59 ' 37 .1 ", Garfield County, Colorado . I n accordance wi th Sect i o n 404 of the Clean Water Act, a Department of the Army permit is required prior to commencing any discharge (inc l uding mech anized land clearing) of dredged or fill material in waters of the United States . Waters of the United States include the territorial seas ; perennial, intermittent , and ephemeral streams ; l akes, ponds, impoundments ; and wetlands . For more information abou t the permi t program, please v i s i t our website referenced below . Please re f er to i dent i fica tion number 20057519 1 in correspondence concerning this project . If you have any questions, please con tact me at the address below, ema il Mark .A .Gi lfi llan@usace.army.mi l or telephone 970-243-1199 , extension 15. You may a lso use our webs i te : www .spk .usace . army .mil/regulatory.html . p opy furnished : Sincerely, l}1aJ M:i~~ Mark Gil f ildn Regulatory Projec t Manager Colorado/Gunnison Basin Regu l atory Off i ce 400 Rood Avenue , Room 142 Grand Junction, Colorado 8150 1-2563 ~M r . Mark Bean, Garfield County, 108 8th Street , Suite 201, Glenwood Springs, Colorado 81601 04/11/2005 1 5:02 970 24123!"0 R EPLTTO AnENTIONOF' USACE DEPARTMENT OF THE ARMY U.S. ARM Y ENGINEER DISTRICT, SACRAMIONTO CORPS OF ENGINEERS 1325 J STREET SACRAMl:.HTO, CALIFORNIA 95914•2922 April 11, 2005 Regulatory Branch (200575 19 1) Mr . F.'r~d Jarman Garfield County Build..lng a:nd Planning Department 108 8th Street, S uite 201 Glenwood Spr ings, Colorado 81601 Dear Mr . Jarman : I am respondi~g to your written request for commen t on the Crescendo Energy , LLC, 6 -ih c h n~tural gas line project . The project is located at West Salt Creek within section 4, Township 8 South, Range 104 We st, L~t i tude 39 " 23' 52 .7'', Lo n g i tude 1 0 8° 59' 37 .1 ", Garfield County, Colorado. In accordance with Section 404 of the Clean Water Ac t , a Department of the Army permit is required prj,or to commenci ng any discharge (including mechanized land clearing ) of dre d ged or fill material i n waters of t he United Sta t es . Waters o f t h e United States inc l u d e the terr itorial seas; peren nial, intermittent, and ephemeral str eams; lakes , ponds , impoundments; and wetl a nds . For more informat i on about the permit program, please visi t our website re fere nced below. Please refer to ident.if i ca.t i on number 2005 7 519l i n correspond enc e concerning this project. If y o u have any q uest ions, please con tact me at the address below , email Ma rk.A.Gil fi.l lan@usace .army.mil or telephone 9 7 0 -24 3 -1 199, extension 15 . You ma.y also u se o ur web si te: www .spk .u sace . army.mil/regulatory.h tml . Copy .f.urnish ed: Sin cerely, M~~lfi~ Reg ulatory Project Manager Colorado/Gunnison Basin Regulatory Off ice 400 Rood Avenue, Room 142 Gr~nd Junction, Co lor ado 8 1 5 0 1-256 3 M~. Mark Bean, Garfield Co unty , 108 8th Street, Suite 20 1 , Glenwood spr ings, Co l orada 8160 1 EXHIBIT ~COLORADO STATE ~ BANK AND TRUST~~ IRREVOCABLE STANDBY LETTER OF CREDIT BOK06SDP01584 ISSUED IN TULSA, OKLAHOMA ON 08/17/06 BENEFICIARY: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY C/O BUILDING AND PLANNING DEPARTMENT DIRECTOR ('BOCC') 108 8TH STREET, SUITE 401 GLENWOOD SPRINGS, CO 81601 APPLICANT: SLATE RIVER RESOURCES LLC 1600 BROADWAY, STE. 900 DENVER, CO 80202 DATE AND PLACE OF EXPIRY: 08/14/07 TULSA AMOUNT: 14,250.00 USD USD fourteen thousand two hundred fifty and RECEIVED AUG I 8 2006 GAR.r •t:LD COUNTY BUILDING& PLANNING WE HEREBY ESTABLISH, AT THE REQUEST OF THE APPLICANT OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. BOK06SDP01584, IN THE AMOUNT OF US$ 14,250.00 (FOURTEEN THOUSAND TWO HUNDRED FIFTY AND 00/100 UNITED STATES DOLLARS) AVAILABLE BY YOUR SIGHT DRAFT(S) ON COLORADO STATE BANK AND TRUST N.A., ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1. BENEFICIARY'S SIGNED STATEMENT EXECUTED BY THE CHAIRMAN OF THE BOCC OR THE BOCC'S AUTHORIZED DESIGNEE STATING: 'SLATE RIVER RESOURCES LLC IS IN DEFAULT OF ITS OBLIGATIONS SET FORTH IN THAT CERTAIN SPECIAL USE PERMIT FOR MATERIAL HANDLING OF NATURAL RESOURCES FOR A 6-INCH NATURAL GAS PIPLNIE TO BE ISSUED BY BENEFICIARY TO APPLICANT, IN ACCORDANCE WITH THE RESOLUTION OF APPROVAL, BOCC RESOLUTION NO. 2006-82, RECORDED AS RECEPTION NO. 704364 IN BOOK 1831 AT PAGE 920, COVERING A RIGHT-OF-WAY FOR A NATURAL GAS PIPELINE LOCATED ON FEE LAND KNOWN AS THE FLANIGAN FAMILY INVESTMENTS LLC RANCH IN SECTIONS 4 AND 9-T8S-Rl04W. ' 2. THE ORIGINAL LETTER OF CREDIT, ENDORSED ON THE REVERSE SIDE WITH THE WORDS: 'DRAWN BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO IN THE AMOUNT OF US$ 14,250.00', MANUALLY SIGNED BY THE CHAIRMAN OR THE BOCC'S AUTHORIZED REPRESENTATIVE. THIS LETTER OF CREDIT WILL BE AUTOMATICALLY EXTENDED FOR AN ADDITIONAL PERIOD OF ONE YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE UNLESS, AT LEAST NINETY (90) DAYS PRIOR TO SUCH EXPIRATION DATE, WE SEND YOU WRITTEN NOTICE BY REGISTERED MAIL/COURIER THAT WE ELECT NOT TO SO EXTEND THIS LETTER OF CREDIT. PARTIAL DRAWINGS ARE NOT PERMITTED. THIS LETTER OF CREDIT AND AMENDMENTS, IF ANY, MUST BE RETURNED TO US FOR CANCELLATION WITH A STATEMENT SIGNED BY THE BENEFICIARY STATING: 'THIS LETTER OF CREDIT IS NO LONGER REQUIRED BY THE BOCC AND IS HEREBY RETURNED TO THE ISSUING BANK FOR CANCELLATION.' ~COLORADO STATE ~ BANK AND TRUST~~ WE HEREBY AGREE TO HONOR EACH DRAFT DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT IF PRESENTED TOGETHER WITH THE DOCUMENTS ABOVE SPECIFIED, TO THE OFFICE OF THE ISSUER, COLORADO STATE BANK AND TRUST, N.A., 1625 BROADWAY, SUITE 1570, DENVER, CO 80202, ATTN: MIKE LOGAN, ON OR BEFORE THE DATE OF EXPIRATION IDENTIFIED ABOVE OR ANY SUBSEQUENT EXTENDED EXPIRY DATE. THIS LETTER OF CREDIT IS ISSUED SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICES FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 AND THE UNIFORM COMMERCIAL CODE AT C.R.S. 4-1-101 ET SEQ., AS AMENDED. THIS LETTER OF CREDIT SHALL BE INTERPRETED UNDER THE LAWS OF THE STATE OF COLORADO, THE STATE OF LEGAL RESIDENCE OF CORPORATE ISSUER AND GOVERNMENTAL BENEFICIARY. APPROVED AS ~ . ~~ .. l .... ltC..r Dft'i~R FLORES f MANAGER, INT'L TRADE OPERATIONS COLORADO STATE BANK AND TRUST, N.A. ~ COlDRADO STATE ~ BANK AND TRUSTN~ INTERNATIONAL BANKING CENTER ONE WILLIAMS CENTER, 15TH FLOOR TULSA, OK 74172 USA 08/17/06 BENEFICIARY: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY C/O BUILDING AND PLANNING DEPARTMENT DIRECTOR ('BOCC') 108 8TH STREET, SUITE 401 GLENWOOD SPRINGS, CO 81601 LETTER OF CREDIT NUMBER: BOK06SDP01584 APPLICANT: SLATE RIVER RESOURCES LLC AMOUNT: 14,250.00 USD EXPIRATION: 08/14/07 AT THE REQUEST OF THE APPLICANT WE HAVE ISSUED OUR IRREVOCABLE STANDBY LETTER OF CREDIT REFERENCED ABOVE; THE ORIGINAL IS HEREBY ATTACHED. IF THE TERMS OF THE LETTER OF CREDIT ARE UNSATISFACTORY, WE SUGGEST YOU IMMEDIATELY COMMUNICATE WITH THE APPLICANT AND REQUEST THE APPROPRIATE AMENDMENT. INQUIRIES DIRECTED TO OUR OFFICE MAY BE MADE TO TELEPHONE +l (918) 588-6601 OR TO FAX +1 (918) 588-6026. PLEASE SEND ALL CORRESPONDENCE DIRECTED TO OUR OFFICE TO THE ABOVE MENTIONED ADDRESS. IF PRIOR TO THE EXPIRATION DATE, THE APPLICANT'S OBLIGATION WITH you HAS BEEN COMPLETED AND YOU NO LONGER AVAIL YOURSELF OF OUR LETTER OF CREDIT, WE KINDLY ASK YOU TO RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS ALONG WITH A LETTER GIVING US YOUR CONSENT TO CLOSE THE LETTER OF CREDIT SO THAT THE APPLICANT'S LIABILITY WITH THE BANK IS RELEASED. Jul 06 2006 4:27PM PETTY CONSTRUCTION 970241~896 PE T TY CO NST R UC TIO N CO.,LLC. 714 ARROWEST COURT GRAND JUNCTION COLORADO 8 1 505 (970) 241-3133 FAX (9 7 0) 241-3896 FACSIMILE TRANSMITTAL SHEET TO: FRED JARMAN PROM: TOM PETIT COMPANY: GARFIELD COUNTY BUILDING AND PL.AJ.'\JNING FAX NUMBER: 970 384 3470 PHONE NUMBER: RE: DA T E: 6 JUNE 06 TOTAL NO . OF PAGES rNCLUDI NG COVER: 9 SENDER'S REFEREN CE NUM BER: YOUR REFERENCE NUMBER: 0 URGENT 0 FOR RBVIEW 0 PLEASE COMMBNT 0 PLEASE REPLY 0 PLEASE RECYCLE Notes/Comments Please find enclosed ~rfield County toad permits for CR 201 as required for the Slate River Resources Special Use Permit. Tom Petty Petty Construction Co., LLC RECEIVED JUL 0 6 2006 GARFIELD COUNTY BU ILDING & PLANNING p. 1 Jul OS 2006 4:27PM PETTY CONSTRUCTION 970241~896 e6/2B/2006 00:40 6:258627 RoAD AND BRIDGE . p.2 PAGE 06 ----·--·--, Garfield Coun Conttruedon Permit for lpetalledop of USU1U11 lD Pubbe Blpt-of-Wm Appllua1 N•111t: Slate llivor Reao11roes Permit Number: GIUIG6-U-90 Addretu 1100 CR 206 Pal'9Chute, CO 8 HIJS T'1'• of lrut.U.tia11: 0-Road Cut Purpose: Nalllral Ga1 Pipelloe Leaath •flnll•lladon: 30 feet County Road: 206 Nur.11 blltr1tctloa or ..........,, Prairie Canyon/Soulh C1111yon lll.lt1nct fro111 lacenecW.n or Addrt111 4 mi Plrecdoa from lnlerllfftl•n or AddreH: Nonh Sldt of Read: 1'1111 llood Wkllh ' Eldnultd Cantlrurtlon Schedule: St1rt: "21128'6 Flllllh 712812006 Roquell for pomtluion to make !he above inslallallon at the loc:ation •ped6ed is hereby granted, •ubject to the following icnno, conditio111 and ap..,ial provillona: I, It is ~11dentoocl duit the Appllcuit will cau .. the iDatallallOll to be made at no expeno~ whatsoever IO Garfield County and that tl\c Applicanl wiU owi1 and mainllln lb2 in11&llation up<>n oomplction of wwk 2, lbe AppliC11Dt shaU 11111intain the ln1tell11ion 11 all lime• and •Jnea to hold bannless Ibo County of Garfield and ill repr ... ntati'VCS, ISCQll ot tmplO)'l>CI from !Illy and aJJ Jiabillcy, Jou and damage which lltllY uioo 0111 of or be CODt"'Cled wilh the in1tallatloo, maintcnaooe, alteratioo, removal or pteoeMe or lhe iJ\atollalion above d .. cribed or any work or fAcillty e<>nnectecl therewl1h, within lb• area covered by tllis permit. 3, The entire U..tellation repain and cleui up ahall be completed prior IO: 711111006. 4. The travetina public shall bo prall:Ctcd during the io1tallatlon. wilh P"'l'<r warni!IJ signs or llipala both day and Dipt, and wemina signs and 1iipWs shall be installed by and at !he lll<penae of the Applicant and in accordance with direed0111 giw:n by the Board ofCow.ty Coll\Dlinionen or their reprnmtative. No open tRnch shall be permitted in the tnveled roadway after dark, lllll••• otlwwiK opecified in I.be Special Provisiona below, 5' If the Board or County Commiuionen "' r"'l"ire•, Appllcaat ab.oil marit the installation at the dHigiutcd location a in • 1118Met acceptable IO th<: Board of Councy Commilflonen or their Repre1e11tative. 6. In tho eve11t any clw>g .. ate mado to lhl1 county road in the future that would nocessitate removal for reloc:alion of lbi1 installation, Applicant will do so smmipdy at hs own cxpen1e llpOfl written requeot from Ibo Board ofCounry . Coramiuionere. 'Tho County will not be rllSpDlllible for any daDlage that may re111lt in the maintCllllnc:c of tho county road to in1tallatlon plecod inside Pubtlo IU5ht-of·Wa~s Limit.a. 7, Appllcan1 will be required to shu1 off lines llldremovo.all combu&1ible materials from the right-of-way when requcH.cd to do 10 by Tbo Board of COlllllY Couuni11ione" bcc1111e oheccll8llt)l road cMlltruction or mai111ena11ce operatiori1. 8. Wbere the installation cronc1 the roadway, It llhall be -d in pipe of larger diameter and the croHing wll be .u neatly perpendicular to !he roadiNB)I u ph)'1ic11ly pouible: 1hit iDoW!alion llblll be lnslalled by the method ofboriog or j1<king throuah beneath tho road surface: howevet, open C11t 1hall be ollowed vp to th• edge of1he surfaccd portion of the eOW\IY road. No water shall be used in I.be boring, and ao amneling shall be permitted. If boring ia oot 1ucceulill lhon 1UTan1eoien1t lhovld be established with tho County for poatible exc1valfon mcthods. · . ' 9. Whore the i11.swl11lon c•Of!C• anydilcboo, canall or weter cllr)'ln11 •~Nros, wherever po11ible It shall be pushed tbrough Md , ... th •pipe oflaraer diulleter <haeby •Wnlulina tho 1teemi1Y of ttenchina with 1 Dlinimum bury of 4 foot, In no cNO shall tho flow of wat« ever be Impaired or inr.=mspted, without amnsemcnt& haviiog been l'lllde with lhc effected water comFIDY or ditch u1oeladon. IO. Tho lo.11:.tllation m11111 be accompliohed In accordance wilh ae~ted aood ptacU~ and conlOrm to tho reco11U11endatloo1 o( the Natiollll Electric Safely Code and to each Colorado lllllM!l 11 ate appllca\lle. Tho abovo-de .. ribcd Open Road C11t shall Jul 06 2006 4:27PM PETTY CONSTRUCTION 970241'>896 p.3 • '1 .. ROAD AND BUDGE ,, •-'';.·~-i.,':o11,'."'~ · • 06/26/2006 00:40 6258627 PAGE 07 .·· - ----··-·---------------- be lriltlUed tiene&th th<> 1111rlllce of Ille risht-of-way al a mlnlmwn depth af 5' and Ille 4lf!l!!tt4 ~on of die righl-of-way - will be mtored t.o 111 original co11<1.ition. AIJY backfillin& ill tU roidll'ly ebatl be mad• iii li&'.:bioliiifli"uuf ii*hiiieiity '"''~•'"-' . lamped and p.-d ond the laoi twelve inche1 ofbacldltl llbll be ofslllble pm1!1t m.otm.I 1ucb Is CNlbed nlllk or !lfAVel. 11. Appllcaot ahell bo re11P011tible for my repoin IO roadway ar right-of-way -•itated by lhe installation. 12. Applicant's wi.Jlation shall bo made 111 localion mutually 1pd upon by Appllunt 111d lhe Board ofCommissiooen or their rqprescaiative, 111d ill accordmce with d.iaila and apocifiealiont llhown on !he conslllllclion piano, a copy of which dlall be l\lmi•hed io Garfield CoWJty. · l ). Appli.,.,.t shlll inform tho 8011d ofColll>I)' Commi11lonm or •Ollltiutilon methods, equl~t ond ops•tionsl p..,ce<1ure1 thal will bo ulillud ON! 1hall obtain the occurrence of tho Board ofCo11111)1Commlssioncn. 14. Applicant wll 1dvise the Boud of Co1111ty Co!111Di11ionen or W:ir rcpreoen11tive1 ot 1 ... 1 48 houn in advonce of tit• time at whicb W<>rk on lhe installation will commence. 1 ~. Any material• &om exc1vetion as the re1111t of the in•tallltlon will be mncwed from the ro1d wsy tu1facc each day. · 16. Under ll• oondition ii an upb•lt sur!lce to be •ut 1111!011 olhorwhe l)letifiod in !he attAchcd Specill Ptovi1ion1 17. Where reference is tnAde herein IO the reprcacntative of the Bcud of County Co11UT1i1tioners, IUCh reprmentative •ball be the Diauict R~ Supervisor, wiless otherw;ee apeeified in wrltiq by the Board of County Co11UX1i11ionen. 18. Thi> permit sllaU be vllid durine the etlimated oon1wclion .Chedule eet f'onlubove. Neither the OW11er, nor the Applicant 1hai1 ooJlduct any wotk puf$Ulllt to this pel!Di111 an,time olher than lbat set forlh in the eeliDl•ted conslIUcdon achodule. IN THE ROADWAV BETWEEN TllE DITCBIS '5•4 COMPACTION, BETWJ:tN DITCH AND FIENCE LIN£ aw. COMPACTION. TRINCHLINE INSIDE ROADWAY, LAST LIFJ' NEEDS TO II z rr. or CLASS 6 KOADBASE. APPIJCANT WJLa.. Br, REQUIRllD TO MAINTAIN THE -'llEA \\(HEREIN t!TILITV INSTALLATION IS MADE DURING CONSTlllJCTION AND TWO YEARS AFTg. COMPLETION DAR. IT WILL BE TllE APPLICANT'S RESPONSIBILITY, WHEN 11.l:QUESTED, TO SIJPl'LV AT TJ'lll APPlJCANT'S £MENSE, COlllFACTION TESTS AND RESIJJ..TS OF USTS POllJIJ A LICENSED PROFESSIONAL ENGINEER. Spccl.111 Pro>ltlo111: 1. For ro1d bore, road bDre wlU be attempted 3 dlllH ""fore and open road cul wUI b• permitted or borblc tool I• •luck. Permit holder wUI cool1et !HrtOn lmd111 permit prior lo cutdq.road 1urf1ce. z. ln111b1tl0Jl1wltltln111 lhe Cowiry JU&hl·of·W•f owr tooon la length require a 1ur•C1 and BOCC Appr..,v•I 1od 11- bullt upon completlo1. J. Type of Backllll: Roadbue lf back fill It road b1oe or axcil"att4 m1terlal 1 b1el<IW wlU be cempocted to 9S"f• wlih ,.•ttr lo Include 1houlder1, drain•&• dltchn 9114 pin Died for road bore. All rocb 10 lnchoo or larrtr win be J'em<>ved from tlte. No wet matorlal remo,.d n-om excav1Uon wW be utcd for bHldlll. · 4. Alph•11 Beplace111f11t: False. 11 trae, 11pla11t wlU be 4 lncbea of liot •ootp•cled. atpllalt. Atpblt wUI be 11w cut 1 feet ltrJer thin exuvallan aru. Replacement of atphall wlD be I lane 11lalmu111 width 'the llze af the c11t or flll1 road widtb If the tilt croae1 the cenlerUne of road. 5. Replacement of Mapellum Chlorlde llurrace: Falte. If 1111e, penoo lttUIJtl permit wW give tpecllleatlon Oil replatement. The len&th of the road 1urface d1ma1ed lly 11tWty bi1t1U.tlon will i:eq11lra repla<emrnt. Thi• wW latlude the l11ullnc or eq•ljlonent and mater1111. 6. Ctrllfted Trame 1ta4ulrcd? FalM 7; WoJtc Zone Stan• Reqlllrcd? Trut 8. uo• )/4'' ro•dbaat o ... r ucavadon olte 9. Jul .96 209s 4:27PM PETTY _Q6/2Bj;·~~~· 'B~:~0 6258&27 ~p.:ut'1iff'zt~1t·~1'~ii:ri of'Soa:l) 0~1saJi?1Je1•1 cf811SelA 9ell4 ... t &~hs:!!i!!P...,"'"*~~·;.;~.»'·'""~u ...... ,4~_,.l\<....,. .... ~,.,-~~~·~~~ ... )<.-"''•'"~ . ' 111 .-pliog tbla pemlil, the undersigned, rep~ die Awlicalll, verifice IUt lie ha' nad and imden!llidull of 1be roie.,m, · p«>vitiom: 111111 he hu .tho authorily to allO for aid bid die Applicut: and that by virlu& of bis oiSAIUl'e, the Applicln~ i. bound by ~II lbe COlllltitiDllf Ml filllh lloteia. THE COUNTY DOES NOT VER.In' TSAT TfflllE ISAJ'll EXISTING COUNTY OR rvauc RIGHT-OF-WAYWITIUN TO PLACE PllOPOSED UTILITY. TID APPLICANT IS RESPONllBLI roa VElUFYING THE J:xrn:NCI OF ALL NU:ESSAll.Y RIGBT-OF·W.\Y FOR THE PLACEMl:N1' OF TUE 1l11L1TY. Utili1YPmni• Applicaot: _,_!\......:._/.,,-k-=~:..·.,;. .... Wc.:.""'#1:181!..----------------7 Slate lllnr llc1oareea Jul 06 2006 4:27PM PETTY CONSTRUCTION S7024J"i:is6 06/28/2006 00;40 6250627 ROAD AND ~IDGE ---~ -, ----·------------·-· ---..... ... -,·_; - Ga.rftekl CGIUlfy ltotd ucl Brldg; nepil;tiMiif . ··. ··:·· ·"~~-~.,~,,,,..... · · · · Special Provlsl0111 for Excavation of RH.cl Surface nd JnlltllladOD. lldllty Permlt l'111111ller: ORB16-U-!l0 lmpfttor: J•kt Moll AppllHnt! Sllltt RIVCJ RtlOll<CIO 81111-Ceat .. cter:Petly Comtrutd.on 1. A#.y ovenized ma ten.I (lpgcr tbao IO inc!YI• In di~metef). !hal;,, not utilized io blekiul will b• retlle>Wd from alto by Ajlpllelnt. Fwtlu:r, Applicant will remove ony frozen mtlcri1l fiom •iie. 2. Whm 1 paved or chipped aurf1ce ls au, it i1 to be itplaced whh I minimum or three (3) inch bot mix up halt patch. A temponry patch with oold mill. asphalt would be allowed, which would bo replied with hot olix asphalt when !he weather or a..ailallility of l!llllerille allows Ibo wotl< lo bo completed. An pPhlll or chipped Ndaco cur W0111d require rho road to ba 1traiaht cut and 1quarcd by mO'IJIS or a P•-ent cotter or aaw. A chlppod tllffac• c\lt will rcquir• a seal coat of the ,.IA:h dut will be Ml width or half width ofn>&dwaywhen tn11ehos t\111 with the rood. forllOl!Ch.eucri> .. lb road, the ed;eo of !be seal coat will overlap lbe txmin1 cdp. All Seal 00111 will overlap edget by a two· foot minimum to inswe adequate tc•I over the undi1mrbcd porlion of lhe roadway In the '1icilliry of the oxc1wtion. Asph1lt hot mix or cold patohe1 will be campleted in • ll18ll.lmum ofilve woddng da)", we11hu permitting. 3. When.poulbJo, all iNlallationo 1hould avuW lbe top edJ• e>f 1 611 alope. 4. Jnstallltion in dralnaae1 subj~t ro flash tloodiag will have 1111ini111111D bury of four feel docp that nonnal flow line 11 Mareat abuanont, win11 wall, or culven. · S. l11ttallations at culvert crosilna• will be buried beneath the culV1n with a minimum sepatation of 18 i.oches betw<>cn inlllllotion 1nd tho bottom or th• oolven. 6. Open l;fenohco adjacent to the u.velcd roadway •IWI be 'backfilled daily 10 within I 00 feel or the worlclJ!a Itel of the ttelloll, md WU be blllricaded with warnlug dovlces after dorl:. A 3 !oot hill)! 01111110 pl••ric (once will be installed daily ro keep liveawck out of the opC!l 1"1!cb after boun. 7. In.,~ .. being dia!ll.lbed whne vcae11tion la establllhcd, reseodina wilh a mi~tun cithet by broadcud1111, drilling, and m11lc\ing wilh 10ed mixtures suitable to !be climatic condilio111 or Ollilling veaetation will bo peiformed, Uee only certified weed•frcc seed. Noxiouo weed control will be ongoing •IOlll wllh re-vegetation. 8. The Applic1111 should check the riaht-<>f·~Y of surrounding landoWllOrl to see if olher per'inits arc requited, I . .E., BLM, Foteat Service. • Jul OS 2006 4:28PM PETTY CONSTRUCTION 970241"896 p.S 0&/29/2006 00:40 6258627 ROAD AND BRillGE PAGE 02 . ----·----------------···-------------· Garfield Coun Con1tr11ction Perm!tCorln1c1DaU!tn ofUSIHtlg In PublicBJRl!t·of-Wan Appll.c1111 N1111e: Slate River Resource• ' •trmll Number: GRB0,·U·91 Addrn1: 201 Baxcer Pass Pamhutc. CO 81635 Type or ln1tlll1tloa: Raad Bore Purpote: N1tur8I Oas Pipekine l.Anstb of lnlllllllltlDll: 60 Ceot Count)' Road: 2DI Nt1re•t lnler1tttlo11 or Addre11: So\llb Canyonll'rolric DiJt•nte fro111 lntcr .. etlon or Addna: S Dlreedon from lnterNcllon or Addrno: Nonb Sid• et Road: FuU Road Widlh Eoll1111led Co111lr11edon Schedule: S11r1: 6/lll/2006 Fllll1• 7121/lOOd R.equc•t for petmistlon io make cbe above intUllacion al the localion opecificd 11 hereby granted, subjoct to lhe foRowina tmma, conditionund special provi1ioiu: I . It is \llldefatood that lluo Applic11111 will cau,. the iiutallation 10 be made at"" C'X.pense wtiauoe-to Garfield County and lha1 tho Applicant will own and mainu\11 the iiutallalion upon •OQIPlotion of work 2. The Applicant 1hall 1111inuln tho inlllllladon 01 all timH an•hP""•• to hold ka.nnlm lhe Co\11\ty of Garfield and its rep~sentatives, agents or employu1 ft'om an,y Ind all habUlty, loss and dam.age which may arise out of or be connoclod with the liunallation., maintenance, altel"lllion, removal or preacnce of tho i111111lation above dcocribed or any worlc ar facility connected !herewith, within the area co•cred by this permi1. l. The elllile inolll!ation rep.U. and cloui up 111111 be completed prior to: 712112006. 4. Th• lnwcling public olWI be protec,.d during lhe iMtallalion with proper woming signs or liph both day and night, and warning llJlllS and •ianab tbllll bo lllstallcd by 11Jd ot Ille .. peme of tho Appllc111t and in acomdancc with directions given by (IM: Board of County Com.111iQioner1 or lhoil' rcpnsenlltlve. Na opeu tr-'1 •h•U be pennitted in thc inwled roo4way alter dark, 11111011 othmiliJe specUled in lho Special Provisions below. 5. lflhe Board ofCoW1tyCommi11ionen 10 requires, Appllc11u "'811 mark lhc insullstion al th• detlgnat<d JocatlOlll in a manner a<:ceptable to th• Board of County Commiuionert or their IU!pi:\lacntativc. 6. In~ ove111 any chaogea 110made10 thi1 cOlltlty road in the li>two that would necessitate mnaval for rolocallon of this install1tion, ApPlicanl will do 10 promplly at lu own expenoe upon wrin.e.n rcquo~t from tho Boon! of Couoty Conuni11ioncn. The County will not be reapon1ible lbr any domtge that may n:auh In Vie mai11i.naru:o of 1he county road to inlullationplaced in1idc Public RiaJtt-Of-Wayt Limits. 7. ApPlicant wiU be nquin:d to ohul olfliucs a.ad remove atl combwbble material& ftom 1he ri&hl..,f-way when reque•ted IO do so by The Board ofColll)ty Commi11ioncrs bocause ofnoces1myroad con11r\Jclion or maintenance operations. 8. When lho inaiaUalion crc11es the roadway, it shall be encMcd ill pipe of larger diameter and the crossing ehaU be as nearly pCrpcndicular to the roodway as pbysil:ally po11ible. This illsullation &ball be installed by Ille melhod of boring or jacking llirOllah beo.••th the road surmcc: however, open cut ahall be allowed up to the Oil&• of the 1urfaoed portion of tho toWlly rood. No wot•r sbaU be u1ed in the boriq, ond no IW)lleliJla shall be permitted. If boring is nol ouccessflll theo arnnaomento should bo esu.b)illled with the County for poa1iblo ucavalion merhods. 9. When: tho inamllation oros,.s any ditchoa, c111ols or water clll1)'itl1111u<:ture1, whereverpouible it shall be pushed through 111\d beneath a pipe oflarger diameror thereby eliminating tho nece.1ity ohrenchlna 'Mlh uninimum 'bury of 4 foot. Jn no cue •hall !he flow of water ever be Impaired or lmenupted, wllhout all'lllgomenb having beon made wi1h the effected waler company or ditch usociotion. I 0. Tho iMallA!ion mlltl be accomplished ill aocordai!ce with -oplCd sood proclicea and ool\fal'ln to the reco111111e<!dations of the Nadonal Electric Safely Code 111\d to 111ch Colorado 111a111e1 u ~ applitable. The above-describtd Road JSOrt shill be Jul OS 2006 4:28PM PETTY CONSTRUCTION S7024J~<Jss 06/28/2006 il0: 40 6258627 ROAD AND BRIDSE ··'· ,·.;·,y,.; ·: • ,,,, •. ;••':;;;:; .• :_;(il"·'i~~'~i'- PAGE • 03 ·'le: ..... i111talled bcntath tht ....race or rho rigbl-of-way ah lllinlnl1lln depth ofS'. ond c.b~ .4!.•~~~on of cbo_~...,f-way will be mtmd to its original cond ilion. My blllkllllllla in the n>edway diall be made iii f.ig':tiCh illfi•i).}liiec!WN.dlilllnil~lf-·· and )'llebd and lhc la11 twelve inobet ofblcklill shall be or trable ....,.11r mateJial meh a crudied rock or PIVCI. 11. Applicant abaft be rctpoMible lbr any repairs to roadway or riabt·of-way neal•italed by the inSllllation. 12. Applicant's installallon shall be made at 1 loc111lon l!MdUally qrcod upon by Applicant 111d the Bo.rd ofCommisrionera or their tq>rt1Ulalivo, 1114 in accord&nee with dc1all1 llld •pecificlllioos shown on lhe co111uuctlon plans, a copy of which slulll be furnished 10 01rf'teld County. 13. Applicant shall inform the Boa:d of Cowity Co111111i»ionen of oonsllllction methods, equipment and opentioDal procedures !hat will be ulili2ed aod 1h1ll ob .. in lht occurrence of the Board of Coumy Commissioners. \4. Appli<111.r shall advise the Bo.rd ofCD\ltlty C0111111i11ioner1 or U..ir rcpnmtatives ar loast 48 houn in advance of the lime or which WO<k on the imtallalion will conunonce. IS. Ally ma&eJi•l• from excavation as !he n:sullofdte inatallalion will be removed &om tho read way1W"f11c.<: •acb day. 16. Under no condition is AA ospha.lt aurtlce lo be cul W\lets otherwise specified in the attached Special Provision• l 1. When nCercnce ia mode hcnin IO w rqmaentative of the Board of County Commlssionen, sucll repre .. ntalivc thall be the District Road Supervisor, uoless otherwiie speclfied in writina by lho Burd of County C01J1missioners. 18. 'Thi• pennil ahall be valid durin~ the ostimared conainictlonsehedulc 1et forth above. Neilher the Owner, nor the Applicant oli.ll conduct any work pursuant to thi1 pctml11t anytime olber lhan Illar ,.t forth in lite utimole<! coiu1n1ction icbedule. I/II THE ltOADWAV BITWIEEN THE DITCHES 95% COMPACTION, BETWUN DITCH AND FENCE LINE 15% COMPACllOJll. TUNCHLINI! INSIDE ROADWAY, LAST Lin lllEEDS TO,BE 1 f'I', OF CL"5S 6 ROADBASE, APPLICAlllT Wll..L BE REQUIRED TO MAINTAIN THE AREA WHEREIN UTILITY INSTALLATION IS MADE DURING CONSTRUCTION AND TWO YEARS AfTlR COMPLETION DA TE:. IT WILL HT.HE APPl..ICANT'S RISPONSIBILllY, WHEN REQUESTED, TO SUPPLY AT THE APPLICANT'S J:ll:PENSE, COlllPACTION DSTS AND 111:sUL TS or n:srs FORM A LICENSID PROFESSIONAL ENGINEER. Spedal Provhlorm l. l'or rood ht•, rood bore wW be atlelllJlled l limn before and open rolKl cut will be permitted or borln1 tool 11 1tuck. PeJinit bolder ...W <entact penon l11uln1 permit prior lo eultlna road aurrace. 2. 1nttaDatlen1 wltllln In die County Rlsbt·ol'-Wa)' ovrr 11oor1 In length require a 1urvey and BOCC -'pproval And aa- bllllt upo1t completion. 3. Type ofBookOll: Flo-ftll lf back ftD 11 road b-or euovaltd material, backfill will be compacted to 95% with WllleJ to intlllde lhouldert, dralllage dltohH and plu uMd for road bon. All ro<k110 b••hH or larger wUI be removed from •lto. No wtt mowlll removed fra111 exeav1t1an wW be ••ed ror bocldlU. 4. Aaph•lt Replacement: P•he. If true, uphalt .. m IHI 4 bu:h" ofbotcompaeted uphalt. A•pbalt "IU be1aw eut2 reel larcer than euavatlon area. Replactrntnl or Hphalt wlU be I lane minimum width the dze •I th cul or ruu road wldlh If tbe out ero11<11 tile een terllne of road. 5, Replleem<nl of Ma1111 .. tum Chloride Swiaee: Falae. lfm1e,pmon l11uln1 permit wW give opedflc1t1011 OJI replacement. Tiie lt•llh of the rHd turface d•nu1ecl by utility ln1t1Datlon will require repl-111tnt, Thl1 wUI Include the h•ullnl or oqulpmenl •nd m11erlal1. 6. Certified Tnflk Roquir..S? Flloe 7. Work Z.ne Sien• Rtqlllred1 True · •• 9. Represem.11ive of the Board of County CoD1111is1ioncrt of Gldicld Co11111)', Colorado Jul 06 2006 4:29PM 1};;-:,.~1;; .-,1:-.»,, ' PETTY 96/28/2!1!16. liei: 40 6258627 .. THE COl.JN'n' DOES NOT Vltun' THAT TIDRE IS AN RXlSTllllG COUNT\' OK PIJBUC RlGHT.Of·WAY WJ'l'HiN. TO PLACE raol'08ED UTlLJn', THE APPLICANT IS RESPONSllL& FOR VEIUF\'Jl'IGTH& KXITENCIC OF ALL l'IECESSAJlY RJGBT-OF·WAY roa THE PLACEMl:NT Of 1111: VTJUTY. tilill!Y Penni• Applicant: y.,1 -Z::::: ~ Jul 06 2006 4:29PM PETTY ~ONSTRUCT!ON 97024l~gss 06/28/2006 00:40 6258627 ROAD AND BRIDGE ------------------------__ ,_ __ Guoew cout1 ROliil ali srltlae 1>e1J•'rtnieat Speelal Provi1ion1 for E1.eavatloa of Raad 'Surf1ee and JastaU.don Vtllll)I Permit Numllcr: GRB06-U-!11 hupfftor: Jab Mall Appllc1111t: Sl11C IU•tt Rtlcnucet Sab-CoalractoJ:PetlJ Cen11trt1Cdoa I. AAy o"ersized llllllOrial (luacr 1han 10 inches In diamoiet) 1ba1iinot1111llzed in b•ck6U will be removed C!om site by Applicant. Further, Appliconl will remove any &oz111 material 6oin lib:. 2. When 1 pl\led or chipped surface is cu~ It ii to be replaced with• minimum of lluto (3) inch hol mix upbok p11eh. A . temporary paicb with cold mix uphill W<Juld be allond, which wollld be replaced with bol mix aephal' wbcu !he! weather or availability of materutl• allows the work 10 bo ""llJllolcd. All 1aphllt or chipped surfill:c cut would rectulr• Ille road to be 11raip1 C\11 one! iqu.ml by means of 1 paveineat wit« or 11w. A chipped lllrliice cul wiU require • seal coat or the pl!Ch !hat will be full widlh or balf wid1h or roadway when aeoche• run with die road. For tmK>bel ICll)lf the roMI, !he edpl of 0,,,, eeal coat will overlap t1J,e'.,,.i1till11 edge. All Seal coett will overlap cd1e1 by a two·IOo• Mlnimu111 to ill•""' Mlequate soal over !he undi1turbcdponion cf the roadway in lhc vicinity oftht .nc1valion. Asphalt hot mix or cold patcbtt wlli.t1e completeif in 1 m.,.lmum of five worldn1 days, wealher pennilliq. 3. Wbctl po91ible, all !mtallations thould awi4 Ille IOp ed&• of• 1111 alope. 4. lutallalion in drainages •ubjeel to lluh floodinc will have i mioimlllll bury of four feet deep that normal .Oow line al ncareSt ablltment, wine wall, or culvert 5, l11St1llatlon1 al culvon C!OSSing> will be buried beneath I.he culven With a minimum seporat!Oll or 18 inche1 bolween installation and the bottom of lhc culvert. 6. Open U"enc:hes adjacent to the IJllveled roadway ahall be backfilled daUy to within I 00 feet of the working area of the acnch, and shall b~ biuricaded wllb warning dcvicu after ctuk. A 3 foot hir.h orange pl.uric &nco will be installed daily ID keep liw1!()ckout of tho open aench after holin. 7. Jn·-· beifl8 dis!Wbcd where vegetation is ettablillhed. rc ... dinl with a mixturo either by bruadca•ti11B, driJlillg, and mulching with teod m.l~tur•• 111i1able IO the olimalit e<>nditio111 or existing vegelation will be perfonncd. Use ooly ccnifled wced•fl<oe a .. d. NoJL!ollS weed concrol will be ongoln1 along with rc·vegotation. · 8. The Applioantehould check Ibo rigbl·of·way ofo11110undiog lalldowne:n 10 ace if Olbor pcnnits lie required, J.E., BLM, Forcat Service. c·~ W ·"\, 1'.lfi:ldCOlllllY llepn>let\tlhVO 06/27/2 006 07 :05 FAX ~001/00 4 To: Fax#: From: Subject: FAX TRANSMISSION SLATE RIVER RESOURCES, LLC 1600 Broadway , Suite 900 Fred Jannan Denver, Colorado 80202 office: 303-592-4444 direct : 303-592-4448 fax: 303-592-4440 Date: Garfield County Planning June 27, 2006 970~384-3470 Pages: 4, including this cover sheet . Bruce E. Jolmston Special Use Permit approved April 18 , 200 5 Attached is your letter dated April 18 , 2005 concerning the Special Use Permit for a 6" natural gas pipeline crossing fee lands in Sections 4 and 9-T8S-R104W and a road crossing of CR201 . Slate River Resources, LLC has merged with and acquir ed all of the interests of Crescendo Energy, LLC. We plan to install the pipeline thi s sununer. Petty Construction Co . out of Grand Junction will be doing the work. Petty is in the process of obtaining the road cros sing permit. Item 8 of your letter refers to a. re-vegetation security deposit. Please have someone provide me with the amount and the form of security deposit required. Al so let me know if there is a security deposit or bond required for the road crossing. Thank you. From the desk of... llruce E. JOl'ln•ton Vi ce President Land Sl ate River Re sourc es, LLC HIOO Broadway, Suite 900 Denver, CO 80202 b]ohnsto n@sl8r1ver.com :ll~::::t 303-502-«48 aill 303-8 80-1343 fax 303-592-4440 08/27/2008 07:08 FAX April 18, 2005 Sean Norris, Senior Project Geologist Conlilleran. Complilltlce Services, Inc. 826 21 V. Road Grand Junction, CO 81505 lllJ 002/004 Garfield County BUILDING & PLANNING DEPARTMENT JlE: Special Use Permit (SUP) request/or "Material Handling of Natural Resource.s" In the ARR» zone district (6-lnch natur11I gas pipeline) Dear Mr. Norris, As you are aware, on Monday, April I 8, 2005, the Board of County Commissioners approved the request fo1· a Special Use Permit for "Material Handling of Natural Resources" in the ARRD zone district (6-inch natural gas pipeline) with the following conditions. I. That all representations made by the Applicllllt in the appliClltion and as testimony in the public hearing before the Board of County Commissioners shall be considered conditions of approval, unless specifically altered by the Board of County Commissioners. 2. Prior to the issuance of the Special Use Permit, the Applicant shall submit a "Road Crossing Permit" issued by the GFU'field County Road md Bridge Department for crossing CR 20 I to the County Building and Planning Department. 3. Staff suggests the Board require the Applicant to submit the revegetation plan for the corridor to be approved by the County Vegetation Manager prior to the iss11ance of the SUP. 4, The Applicant shall ensure that copies of the following plans are kept atthe work site during the entire construction of the pipeline; a. Fugitive Dust Control Plan; b. Stonnwater Management Plan; and c. Fire Prevention and Suppression Plan d. Emergency Response Management Plan 108 8th Street, Suire 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: {970) 384-3470 08/27/2008 07:08 FAX l4J 003/004 5. The Applicant shall comply with the following conditiollB asserted by the County Road and Bridge Depurtment; a. The Applicant shall obtain a road crossing permit for CR 20 I; b. Dust control shall be required as needed at the discretion of the road foreman on the roads impacted by the equipment used in the construction of the pipeline. Dflmage to the surface of the roads shall require replacement or reconstruction for that portion of the dmnaged road to an as good or better condition than pre-project condition. c. All vehicles used in the construction of the pipeline shall abide by the County's over size I weight pennit system and follow approved haul routes to move equipmont and materials to the job site. Prior to the commencement of the project, a supervisor with the construction company for the project shall meet with Garfield County Road and Bridge Department to be advised of these 1·equirements prior to stllrting the project. 6. Because weed problems on pipelines and their revegetated corridors tend to occur. afrer there is .maintenance activity on 11 section of pipeline and the ground has been disturbed, the Applicant shall respond to any complaints by landowners either private or public, regarding noltious weeds in a timely manner. 7. During revegetation, the Applicant shall submit the tags from the bags containing the approved and certified seed mix for verification that the seed mix 11Sed in the field on the cotridor is acceptable. These tags shall be submitted to the County Vegetation Manager. 8. Prior to the isswmce of the Special Use Permit, the Applicant shall post a revegetation security for the portion of the pipeline on private property in the emount to he determined by the County Vegetation Manager. This may be in the form of a letter of credit, if deemed appropriate by the County Attorney's Office, or the funds may be deposited with the County Treasurer. The security shall be held by Garfield County until vegetation has been successfully reestablished according to th~ Reclamation Stlllldatds in the Garfield County Weed Management Plan. 9. Regarding storm water, erosiOll and $edlment control measures, the Applicant shall only use straw bales as sediment batriers so long as they ate certified as weed-free. I 0. Prior to the issuance ofa Special Use Permit, the Applicant shall submit the following approved pennits to the County Building and Planning Depllrtment; a. Garfi~h! Cowrty Road and Bridge Departmem: Road Crossing Permit b. US Anny Corps of Engineers: Nationwide or other applicable Permit 11. The Applicant shall comply with the folfowing Industrial Perl'onnance Standatds in Section 5.03.08 of the Garfield County l.oning Resolution of 1978, as amended including; 2 06/27/2006 07:06 FAX ~ 004/004 . ' a. Volume of sound generated shall comply with the standards set forth in the Colorado Revised S1arutes; b. Vibration generated: every uae shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; c. Emissions of smoke and particulate matter: evezy use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; and d. Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or haze.rd. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such open1tions which may be required by law as safety or e.ir pollution control measures shall be exempted from this provision. 12. The conditions listed in the document entitled "STIPULATIONS for N11tutlll Gas Pipeline" (included herein as Exhibit L) shall be considered conditions of approval as applied by the Board of County Commissioners to the pipeline route across privately owned ground. As you are aware, the Board will issue the actual Special Use Pennit once you have demonstrated to the Building and Planning Department that these conditions have been met. Do not hesitate to contact this office in the event you have any questions. Very truly yours, Fred A. Jarman, AICP Assistant Planning Director 970.945.8212 3