HomeMy WebLinkAbout3.0 Conditions of ApprovalENCANA ..
~-
EnCana Oil & Gas (USA) Inc.
June 4, 2008
Cathi Edinger
Garfield County Planning Dept.
108 .. Street Suite 400
Glenwood Springs, CO 81601
EnCana Oil & Gas (USA) Inc. tel:(970)285-2656
2717 County Road 215
Suile 100 fax:(970)285-2691
Parachute, CO 81635
www.encana.com
RE: Administrative Pipeline Development Plan Permit for Phase II of the CoP Pipeline Project.
Dear Cathi,
This letter is in response to the Conditions of Approval listed in the Memorandum dated May 16th, 2008 for
the Administrative Pipeline Development Plan Permit for Phase II of the CoP Pipeline Project submitted
by EnCana Oil & Gas (USA) Inc. We are submitting this letter and documentation as proof of compliance.
The Staff Conditions of Approval appear in italicized type and the EnCana response appears in normal
font.
1) Any equipment used in construction or operation of a pipeline must comply with the Colorado Oil and
Gas Conservation Commission Rules and Regulations, Section 802, Noise Abatement. Additionally,
all power sources used in pipeline operations shall have electric motors or muffled internal
combustion engines.
All equipment used in construction or operation of the pipelines will comply with the Colorado Oil and Gas
Conservation Commission Rules and Regulations, Section 802, Noise Abatement. Additionally, all power
sources used In pipeline operations will have electric motors or muffled internal combustion engines.
2) Pipeline operations shall be located in a manner to minimize their visual impact and disturbance of
the land surface. Facilities shall be painted in a uniform, non-contrasting, non-reffective color, to
blend with the adjacent landscape. Right-of-way shall be located in existing disturbed areas unless
safety or visual concerns or other adverse surface impacts clearly dictate otherwise.
Pipeline operations will be located in a manner to minimize their visual Impact and disturbance of the land
surface. Facilities will be painted in a uniform, non-contrasting, non-reflective color, to blend with the
adjacent landscape. Right-of-way will be located in existing disturbed areas unless safety or visual
concerns or other adverse surface impacts clearly dictate otherwise
3) All access and oversize or overweight vehicle permits shall be obtained from the County Road &
Bridge Department prior to beginning operation. Any new roads or intensified driveway accesses
created as a result of the pipeline construction, intended to be permammt for maintenance and repair
operations shall be placed behind a locked gate or other barriers preventing use by recreational
vehicles. Any gates or barriers need to be consistent with the surface owner's preferences.
All access and oversize or overweight vehicle permits will be obtained from the County Road & Bridge
Department prior to beginning operation. Any new roads or intensified driveway accesses created as a
result of the pipeline construction, intended to be permanent for maintenance and repair operations will
be placed behind a locked gate or other barriers preventing use by recreational vehicles. Any gates or
barriers will be consistent with the surface owner's preferences.
4) All vehicles working within Garfield County Right of Ways w111 be licensed and registered in the State
of Colorado. Alf vehicles hauling eqUJpment and materials for the pipeline construction will abide by
Garfield County Road & Bridge Departments oversize/overweight regulations. All vehicles requiring
an oversize/overweight permit will send a letter showing proof that they can operate under a known
bond holder on file with Garfield County Road & Bridge Department before a permit will be issued.
All EnCana vehicles working on the project will be licensed and registered in Colorado. The pipeline
contractor has been notified of this COA as well. All vehicles hauling equipment and materials for the
pipeline construction will abide by Garfield County Road & Bridge Departments oversize/overweight
regulations. All vehicles used by EnCana's contractor requiring an oversize/overweight permit will
operate under EnCana's overweight Permit Bond No. 0007951 for the purpose of constructing the project
5) The Applicant shall provide the County with a digital alignment of the pipeline once constructed in a
format readable to the County Geographic Information System (GIS) analyst.
EnCana will provide Garfield County with digital alignments of the pipelines once construction has been
completed. It will be provided in a format readable to the County GIS analyst
6) In no case shall an operator engage in activities which impact Federal or State threatened and
endangered species.
No operator will engage in activities that will impact Federal or State threatened and endangered species.
7) Air contaminant emissions shall be in compliance with the applicable permit and control provisions of
the Colorado Air Qu.ality Control Program, Title 25, Resolution 7, C.R. S.
All emissions will be in compliance with the applicable permit and control provisions of the Colorado Air
Quality Control Program, Title 25, Resolution 7, C.R.S.
8) All operations shall comply w[h all applicable Federal and State Public Health and Environment.
Noise, and Air and Water Quality Control standards.
All operations will comply with all applicable Federal and State Public Health and Environment, Noise,
and Air and Water Quality Control standards
9) Any proposed waste disposal or treatment facilities shall comply with all requirements of the County
Individual Sewage Disposal System Regulations.
Any proposed waste disposal or treatment facilities shall comply with all requirements of the County
Individual Sewage Disposal System Regulations.
10) Should any abandoned pipeline be removed, it will be subject to the original revegetation and weed
management requirements in tho original opplicatior>.
11) There will be no entrances to any County ioads for the project and the only to the County road
system will be during the construction of the pipeline project.
There will be no entrances to any County road.
12) That the Applicant satisfy the comments from the County Vegetation Manager as follows:
a) The Applicant shall iniffate weed management activities prior to the start of construction. This is
especially critical in regards to spotted knapweed which is mentioned as being found in the East
Fork of Stewart Creek.
EnCana will initiate weed management activities prior to the start of construction.
~
CORDILLERAN
Crossing Locations
Conoco-Phillips Gathering Pipelines
EnCana Oil & Gas (USA) Inc.
' '
' . $pt[~
November 2007
' ' ,
•-5S..e6W.S.S
•5 s~w·7 -2 •ss.OOw.s.1
Source Map: 7.5 Minute l JSflS Topographic Map (Cutoff Gulch Quadrangle)
Cordilleran Compliance Services, Inc.
826 21 Y. Road
Grand Junction. CO 81505
T: 970.263. 7800
F; 970.263.7456
Grand Junction. CO• Denver, CO• Casper, WY• Laramie, WY• Lander. WY
Environmental Consu#ing Engineers and Scientists
!.!~D SUR\-'EY INFQ"~MATJON Nove~~r 14, 2~~?.' EnCan_~_l'.§~.! .. ~-~~oro-Phillips Ga!.~.~~~g Pipel_irie. -···-·----· .. -
!Site Number 5S-96W-8-3 ! 5S-96W-7-2 I---···········--···-----··-·-········
Pad or Access Road Number Conoco-Phillips Gathering PL 1--=C:::o::no:cc::oc;-Pcch::i::lliip"s"G"at"h"'e"ri"ng._,_P=L-+-'=='"-==-====.:.:.
SecJion 8 ~-__ 1
5S·96W-18-I
Tbwnship !iS i 5S SS
USGSQuad N;arest Town ---------------------····----------·······"'·
-·····-······---·----Hydrologk; Unit Code
Drainage Namt ·----········· w. Fo~:~;~;:re-------c--ree-, l ~~ •~~-~-.-h-c=_ rc==Ck-~-1---~=--~-o"':-~=~"~""~~:'"":-~-:---«--re---~~--~--:
39° 37' 39" 39° 37' 19"
CuloITGulch
R'!nge 96W 96W I 96W
TributOfY ID
North Cwrdinates 39" 37' 49•·
Wesi Coordinates 10s• 12· s" 1os•12·9" I 1os•12·2s·
)0 1.00
----
Permit#
Nores
Page 1 of2 111507 table
1ii1!~1;Y~~l'_ORMATIQ~.·-~l><'~.~~,_zoo1. EnCana_\ --··· 55:96\i,1:18-2 j ---5-s:96W--:Jo-.-1 --~
~~~=nAccess l!:_oad ./\/umber ... ·······-----.......... ___ _ __ .. C~~ii-;fA~Ct;~-~-·co~·Oco..Phillir~ Gatherii1$··p1:·-·-·
Township ---· SS I 4S
Rangl! I 96W I 96W
•..• ---/-. .. Nearest Town ············· ... ········-· ······--·-········-· ········ ····-·-r· .
Hydrologic Unit Code 1 r?'-"-==""=-~~---------------r-----·-·-·-·------·--·-----------·--·-+--...... _ --·-····-·' !fritJ$fo~-~-·---···----.. ··--··-----·----·-·--·-·-····-····-j·--·w.Fnrk·rEa~hUte··creer-....... w. ~:~~u~;::~;~~tch·-·--·-·--
'"N;;#h Coordinates I 39Q 37' 8" 39° 40' 42"
rarachute Parachute
'-~~GS Qu'!:.'!. .. _ ......... _ ... ____ ..... Cutoff Gulch I Cutoff Gulch
West Cootdin111es 108° 12' 33" 108° 12' 55"
Ordinary High Water Mark (OHW; fe'-1) 0-50 I .00
{!?.~~'!age Typ~----·-·---------·-------·-·-·-·-·-...... ____ ·······-----~ntermitlent I Intermittent
Construction Description . . Acce:'is_ Road Ruried .Pi!X'.line. fJXfffi!t:.:r·· ~=:~:~~~ :~~:3f;-. __ ......: :==r ············· ----
Cul11ert Size (feet in diameter) 2 ()
Up Gradient Fill Height (BelowOHW;feet) 5 D
tf!!!"'n··· G ... r.adie11t Fdl Height .. (fi. ··ee··· t) 7 0 ~age Fill Heighr (feet) 6 0 Est;;;;;;i~d Disturbance Widih-<feet) -----30 --s""o------
Eiijmated Disiu_r_b_an_<~_1!~_be_low_o_11_w __ (j_iill_IIreZ<<ij _____ ·· ____ ;___ .... 1~ _ ..... ....... 12s
.... ~P._qradient OHW W}_~~'!__(feet)_ .... _ -·-........ -......... ·-------·-·-·-· .. i __ .. ____ ···-·--2.5
Down Gradienl OHW WidJh (feet) ' 4 2.5
'i:f.verage OHW Width (feet) 4 j ' ... ---~
Top of Batrk Height (feet) 5 I 17
t-----l!.P Gradient Top of Bank Width (feei) . l2 'I 20 I
... !Jown Gradi.!~l.!!..'}.'!!f Wif!th Ueet) ____ .... ·---.. _j_ 12 20
Ii.~~,\'.< Top of. Bank Width lf<_<Q. .. . ............. _J_ ............. 12 ···=t=········· ....... -~--~;;:~z:;~:z~~Z-~£{;~~~~ary High wa1er_fjark·--~-.................. ~:~ ----.. ·· -.. __________ ::·::::::::~~ri
Approximate Fill Area Below Ordinary High Water Mark, Acres· 0.003 o_.O_OO ____ _,
~owners . --EnCana l ~~Can~
~U#--------------------'-.,------------'------------~ Nol~ !Undersized culvert. ne::ds 41 culvert.
Page 2 of2 111507 table
Photographic Log
Drainage Crossings, Encana Oil and Gas (USA), Inc.
11/15/2007
PHOTO I
Location: Conoco-Phillips Gathering Pipeline
Site Number: 5S-96W-8-8
Coordinates: N39°37' 49" W108° 12' 5"
PHOT02
Location: Conoco-Phillips Gathering Pipeline
Site Number: 5S-96W-8-8
Coordinates: N39° 37' 49" Wl 08° 12' 5"
PHOT03
Location: Conoco-Phillips Gathering Pipeline
Site Number: 5S-96W-7-2
Coordinates: N39° 37' 39" Wl08° 12' 9"
Photographic Log
Drainage Crossings, EnCana Oil and Gas (USA), Inc.
11/15/2007
PHOT04
Location: Conoco-Phillips Gathering Pipeline
Site Number: 5S-96W-7-2
Coordinates: N39° 3 7' 39" WI 08° 12' 9"
PHOTOS
Location: Conoco-Phillips Gathering Pipeline
Site Number: 5S-96W-J8-I
Coordinates: N39° 37' 19" WI08° 12' 25"
PHOT06
Location: Conoco-Phillips Gathering Pipeline
Site Number: 5S-96W-18-1
Coordinates: N39° 37' 19" Wl()8° 12' 25"
Photographic Log
Drainage Crossings, EnCana Oil and Gas (USA), Inc.
11/15/2007
Location: Conoco-Phillips Access Road
Site Number: 5S-96W-l8-2
Coordinates: N39° 37' 8" W!08° 12' 33"
Location: Conoco-Phillips Access Road
Site Number: 5S-96W-!8-2
Coordinates: N39° 37' 8" W!08° 12' 33"
PHOT07
PHOTOS
PHOT09
Location: Conoco-Phillips Gathering Pipeline
Site Number: 4S-96W-30-I
Coordinates: N39° 40' 42" Wl08° 12' 55"
Photographic Log
Drainage Crossings, EnCana Oil and Gas (USA), Inc.
11/15/2007
PHOTO ID
Location: Conoco-Phillips Gathering Pipeline
Site Number: 4S-96W-30-1
Coordinates: N39° 40' 42" WI08° 12' 55"
PHOTO II
Location: Conoco-Phillips Gathering Pipeline
Site Number: 4S-96W-30-I
Coordinates: N39° 40' 42" WJ08° 12' 55"
~ ~
CORDILLERAN
October 24, 2006
Ms. Sue Nall
U.S. Army Corps of Engineers
402 Rood Avenue, Room 142
Grand Junction, CO 81501-2563
826 21 \'2 Road
Grand Junction, CO 81505
T: 970.263.7800
F: 970.263.7456
Re: Submittal of Form 4345 for EnCana Oil and Gas (USA}, Inc. Drainage Crossings
Dear Ms. Nall,
Cordilleran Compliance Services, Inc. (Cordilleran) on behalf of EnCana Oil and Gas (USA),
Inc. (EnCana), is submitting for your review, Application for Department of the Army Permit
(ENG Form 4345) for construction of I buried pipeline drainage crossing and check dam for the
G09 well pad, north of Parachute, C,olorado. Field work was performed on October 23, 2006.
Please reference the field work dates and locations in your response letter to aid in our permit
tracking efforts.
This permit application is being submitted to request Army Corps of Engineers verification of
Nationwide Permit applicability for I buried pipeline drainage crossing and check dam on the
West Fork of Parachute Creek, north of Parachute, Colorado. Attached with this letter are Form
4345, a drainage crossing summary table, location map, and photographs.
Please do not hesitate to contact me at the above referenced phone number or at
billmonroelalcordcomp.com if you have any questions or concerns. Thank you for your attention
to this matter.
Sincerely,
Cordillerai1 Compliance Services, Inc.
William Monroe
Project Geologist
Enclosure
cc: Brenda Linster Herndon, EnCana Oil and Gas (USA), Inc.
File
Cordilleran Compliance Services, Inc.
Grand Junction, CO• Denver, CO• Casper, WY• Laramie, WY• Lander, WY
Envirnn111ental Consulting Engineers and Scientists
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003 (33 CFR 325) ... ·-·····"-------
Public reporting burden for this collection or information is estimated t"O""avera-go-s-hOurs per response. including the ume-for reviewing instructions.
Searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information. including suggestions for reducing this burden, to
Department of Derense, Washington Headquarters Service Directorate of Information Operations and Reports. 1215 Jefferson Davis Highway, Suite
1204, Arlington VA 22202-4302; and to the Office or Management and Budget, Paperwork Reduction Project (0710·003), W1:1~hi11glvn, DC 20503.
Please DO NOT RETURN your rOl'm to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction
over the location of the pronrised csctivitv.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable
waters of the United States; the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the
purpose of dumping 1t into ocean waters. Routine uses: ll')formatlon provided on this form wlll oe used In evaluating the application for a purrnil.
Disclosure: Disclosure -of requested information is voluntary, If information is not provided, however, the pe-rmit application cannot be processed nor
can a permit be i:>sued.
One set of original drawings or good ropr-oducible copies which show the location and character of the propose-d activity must be attached to thi~
application (sec sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the proposed activity. An
fi"" ... lit:ation that is not comnleted in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2, FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BY APPLICANTI
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME & TITLE (an agent is not required)
Brenda Linster Herndon, EnCana Oil and Gas (U~ Williom Monroe, Cordilleran Conipliance Services
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
2717 County Road 215 826 21 1/2 Road
Parachute, CO 81635 G1and Junction, CO 8i0Q[j
7, APPLICANT'S PHONE NUMBERS WITH AREA CODE 10. AGENT'S PHONE NUMBERS WITH AREA CODE
a. Residence 303 888 6978 a. Residence 970 260 8728
b. Business 720 876 5485 b. Business 970 263 7800
11. STATEMENT OF AUTHORIZATION
I hereby authorize William Monroe to act in my behalf as my agent In the processing of this
application and to furnish. upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY '
12. PROJECT NAME OR TITLE (see Instructions)
Drainage Crossings (10/23/06)
13. NAME OF WATERBODV, IF KNOWN (if oppUcaole) 14. PROJECT STREET ADDRESS (if appUcablc)
WeGt Fork Parachute Crook N/A
15. LOCATION OF PROJECT
Ga rfielrl Co
COUNTY STATE
16. OTHER LOCATION D[SCRIPTIONS, IF KNOWN (see lnst<uclion•)
see attached information on Excel spreadsl1eet.
17. DIRECTIONS TO THE SITE
The sites are located north of Parachute, Colorado. See Figure 1.
ENG FORM 4345 -ONLINE CESPK-CO·R
18. NATURE OF ACTIVITY (Description or project, include all features)
A small check dam and pipeline will be constructed to access Conoco Phillips natural gas facilities. Buried crossings will be
installed where the routes cross West Fork or Porachul'J C1cuk. The check dan1 will allow water passage and water pumping
at the location detailed in the attached Excel Spreadsheet, Field Sheet, and Map. Construction materials consist of native fill
and gravel surtace as described.
19. PROJECT PURPOSE (Describe the reason or purpose of the project, see instructions)
A sn1all clu~ck dan1 and pipeline \viii be constructed to provide access to Conoco Phillips natural oas production WP.l!s_
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE
A small check dam and buried pipeline will be installed to allow crossing of the drainage and water pumping.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE Af'10UNT OF EACH TYPE IN CUBIC YARDS
The material placed in the drainage is native fill generated by construction cut and fill activities. Native soil is comprised of
shale, silt, clay, sand and occasional gravel material. See attached Excel spreadsheet for estimated fill volumes.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED (see instructions)
See attached location maps and pl1otograpl1s. Construction (discharge) is performed with heavy equipment sucll as dozers
and backhoes. Sedimentation can be mitigated in the area with straw bales, silt fence, or other sediment control devices, as
.......... o.ceo:>.... a
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES 0 NO@ IF YES, DESCRIBE THE WORK
See attached spreadsheet, field forms. location map, and pl1otographs.
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC. WHOSE PROPERTY ADJOINS THE WATERBODY (If more than
can be entered here, please attach o supplementnl list)
Land owners are indicated on the attached Excel spreadsheet.
25. LIST OF OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL AGENCIES
FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
NIA
• Would include but is not restricted to zonina, buildina and flood olain oermits. ·-···-· ·········---,---··-------..
26. Applic:11tion is hereby made for a permit or permits to authorize the work described in this application. J certify that the information
in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am
3Cting as the duly authoriz~d agent of the applicant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
t1uthorized agent if the statement in block 11 hos been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United
States knowingly and will fully fals!fles, conceals, or covers up any trick, scheme, or disguises a_ mnteriu.I fu.ct or makes any false,
facticious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any
false, fictitious or fraudulent ~tci:lemenl~ ur entr , shall be fined not 1nore than $10,000 or im risoned not more than five ears or both.
ENG FORM 4345 -ONLINE CESPK-CO-R
Instructions For Preparing A
Department of the Army Permit Application
Blocks 1 thru 4 -To be completed by Corps of Engineers.
Block 5 ·APPLICANT'S NAME. Enter the name of the responsible party or parties. If the responsible party is an
agency, company, corporation, or other organization, indicate the responsible officer and title. If more than one party is
associated with the application, please attach a sheet with the necessary Information marked "Block 5".
Block 6 • ADDRESS OF APPLICANT. Please provide the full address of the party or parties responsible for the
application. If more space is needed, attach an extra sheet of paper marked "Block 6".
Block 7 ·APPLICANT PHONE NUMBERS. Please provide the number where you can usually be reached during normal
business hours.
Block 8 ·AUTHORIZED AGENT'S NAME AND TITLE. Indicate name of individual or agency, designated by you, to
represent you in this process. An agent can be an attorney, builder, contractor, engineer or any other person or
organization. Note: An agent is not required.
Blocks 9 and 10 ·AGENT'S ADDRESS AND TELEPHONE NUMBER. Please provide the complete mailing address of
the agent, along with the telephone number where he/she can be reached during normal business hours.
Block 11 ·STATEMENT OF AUTHORIZATION. To be completed by applicant if an agent is to be employed.
Block 12 ·PROPOSED PROJECT NAME OR TITLE. Please provide name identifying the proposed project (Le.,
Landmark Plaza. Burned Hills Subdivision. or Edsall Commercial Center).
Block 13. NAME OF WATER BODY. Please provide the name of any stream, lake. marsh, or other waterway to be
directly impacted by the activity. If it is a minor (no name) stream, identify the waterbody the minor stream enters.
Block 14 ·PROPOSED PROJECT STREET ADDRESS. If the proposed project is located at a site having a street
address (not a box number), please enter it here.
Block 15 ·LOCATION OF PROPOSED PROJECT. Enter the county and state where the proposed project is located. If
more space is required, please attach a sheet with the necessary information marked "Block 15".
Block 16 ·OTHER LOCATION DESCRIPTIONS. If available, provide the Section, Township, and Range of the site
and/or the latitude and longitude. You may also provide a description of the proposed project location, such as lot
numbers or tract numbers. You may choose to locate the proposed project site from a known point (such as the right
descending bank of Smith Creek, one mile down from the Highway 14 Bridge). If a large river or stream, include the river
mile of the proposed project site, if known.
Block 17 • DIRECTIONS TO THE SITE. Provide directions to the site from a known location or landmark. Include
highway and street numbers as well as names. Also provide distances from known locations and any other information
that would assist in locating tho site.
Block 16 • NATURE OF ACTIVITY. Describe the overall activity or project. Give approximate dimensions of structures
such as wingwalls, dikes, {identify the materials to be used in construction, as well as the methods by which the work is to
be done), or excavations (length, width, and height). Indicate whether discharge of dredged or fill material is involved.
Also. identify any structure to be constructed on a fill, piles, or float-supported platforms.
The written descriptions and illustrations are an important part of the application. Please describe, in detail, what you wish
to do. If more space is needed, attach an extra sheet of paper marked "Block 18".
Block 19 • PROPOSED PROJECT PURPOSE. Describe the purpose and need for the proposed project. What will it be
used for and why? Also include a brief description of any related activities to be developed as the result of the proposed
project. Give the approximate dates you plan to both begin and complete all work.
Block 20. REASONS FOR DISCHARGE. If the activity involves the discharge of dredged and/or fill material into a
wetland or other waterbody, including the temporary placement of material, explain the specific purpose of the placement
of the material (such as erosion control).
1
Instructions For Preparing A
Department of the Army Permit Application
Block 21 ·TYPES OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS.
Describe the material to be discharged and amount of each material to be discharged within Corps jurisdiction. Please be
sure this description will agree with your illustrations. Discharge material includes: rock, sand, clay, concrete, etc.
Block 22 ·SURFACE AREAS OF WETLANDS OR OTHER WATERS FILLED. Describe the area to be filled at each
location. Specifically identify the surface areas, or part thereof, to be filled. Also include the means by which the
discharge is to be done (backhoe, dragline, etc.}. If dredged material is to be discharged on an upland site, identify the
site and the steps to be taken (if necessary) to prevent runoff from the dredged material back into a waterbody. If more
space is needed. attach an extra sheet of paper marked "Block 22".
Block 23 -IS ANY PORTION OF THE WORK ALREADY COMPLETE? Provide any background on any part of the
proposed project already completed. Describe the area already developed, structures completed, any dredged or fill
material already discharged, the type of material, volume in cubic yards, acres filled, if a wetland or other waterbody (in
acres or square feet). If the work was done under an existing Corps permit, identify the authorization if possible.
Block 24 ·NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, etc., WHOSE PROPERTY
ADJOINS THE PROJECT SITE. list complete names and full mailing addresses of U1e adjacent property owners (public
and private) lessees, etc., whose property adjoins the waterbody or aquatic site where the work is being proposed so that
they may be notified of the proposed activity (usually by public notice). If more space is needed, attach an extra sheet of
paper marked "Block 24".
Block 25 ·INFORMATION ABOUT APPROVALS OR DENIALS BY OTHER AGENCIES. You may need the approval of
other Federal, Stale, or Local agencies for your project. Identify any applications you have submitted and the status, if
any (approved or denied) of each application. You need not have obtained all other permits before applying for a Corps
permit.
Block 26 ·SIGNATURE OF APPLICANT OR AGENT. The application must be signed by the owner or other authorized
party (agent). This signature shall be an affirmation that the party applying for the permit possesses the requisite proporty
rights to undertake the activity applied for {including compliance with special conditions, mitigation, etc.}.
DRAWINGS AND ILLUSTRATIONS • GENERAL INFORMATION
Three types of illustrations are needed to properly depict the work to be undertaken. These illustrations or drawings are
identified as a Vicinity Map, a Plan View, or a Typical Cross-Section Map. Identify each illustration with a figure or
attachment number.
Please submit one original, or good quality copy, of all drawings on an 8.5 X 11 inch plain white paper (tracing paper or
film may be substituted}. Use the fewest number of sheets necessary for your drawings or illustrations.
Each illustration should identify tho project, the applicant, and the type of illustration (vicinity map, plan view, or cross-
section). While illustrations need not be professional (many small, private project illustrations are prepared by hand), they
should be clear, accurate and contain all necessary infonnation.
2
~~
CORDI LLERAN
Small Check Dam & Crossing Location
Conoco Phillips &
EnCana Oil & Gas (USA) Inc.
October, 2006
Source Map: 7.5 Minute USGS Topographic Map (Cutoff Gulch Quadrangle)
Cordilleran Compliance Services, Inc.
826 21 Yz Road
Grand Junction, CO 81505
T: 970.263.7800
F: 970.263.7456
Grand Junction, CO• Denver, CO• Casper, WY• Laramie, WY• Lander, WY
Environmental Consulting Engineers and Scientists
FIELD SURVEY INFORMATION October 23, 2006, Small Check Dam
Site Nuntber 5S-96W-9-l
Pat! or Acee•• Road N11mber 009 --
Section 9
Tow11sl1ip SS
Ra1tge 96W
USGSQuad Cutoff Gulch ---Nearest Town Parachute
Hytlrologic Unit Code
Drainage Name West Fork Parachute Creek
Tributary to Parachute Creek
Nortlt Coortlinates 39° 37' 59"
West Coordinates 10s0 10• 12" -Ordinary Hig/1 Water Mark (OHW; feet) 3.00 ---
Drainage Type Perennial
Construdion Descriptior1 Check Dam, Pipeline
Fill Length (feet) 10 ..
Fill Width (feet) 4
Culvert Site (feel in diameter) 0
Up Gradient Fill Height (Below OHW;feet) 4
Down Gradient Fill Height (feet) 4 ---
Average Fill I/eight (feet) 4
Up Gradient OIIW Widtlt (feel) 4 -____ f!_(fWll Gradi~llt_OHW Widt~Jfe~--4 ···-·-·-·-·-·-·-·······-·-··--·-·-····· ·······----·-·· Average OJIW Widt/1 (feel) 4
Up Gradient Top of Bank Widt/1 (feet) 35
Dow11 Grudient Top of Bank Wid1/1 (feet) 35
'--·-·-·-·--·--···-·-------·-----·-------·-·----···-·-....... ,_ .. _____ ------········-Av.rage Top of Brmk Widtlt (feet) 35
Approximate Cubic Yards Fill in Dl'ainag~ 1.8
Approximate Cubic Yards F17/ Below Ordinary High JJ'ater .W"ark L8
Approximate Fill Area Below Ordinary High Water Milrk, Acres 0.001
LaRdowners EnCana
Page 1 of 1 102306 table
Photogtaphic Log
Drainage Crossings, EnCana Oil and Gas (USA), Inc.
10/23/2006
PHOTO I
Location: G-09 Check Dam & Pipeline
Site Number: 5S-96W-9-J
Coordinates: N39° 37' 59" WI 08° 10' 12"
PHOT02
Location: G-09 Check Dam & Pipeline
Site Number: 5S-96W-9-l
Coordinates: N39° 37' 59" WI08° 10' 12"
~
CORDILLERAN
December 19, 2006
Ms. Sue Nall
U.S. Anny Corps of Engineers
402 Rood Avenue, Room 142
Grand Junction, CO 81501-2563
826 21 Y, Road
Grand Junction, CO 81505
T: 970.263.7800
F: 970.263.7456
Re: Submittal of Form 4345 for EnCana Oil and Gas (USA), Inc. Drainage Crossings
Dear Ms. Nall,
Cordilleran Compliance Services, Inc. (Cordilleran) on behalf of EnCana Oil and Gas (USA),
Inc. (EnCana), is submitting for your review, Application for Department of the Anmy Pemtit
(ENG Fonn 4345) for construction of 5 drainage crossings for the Train Pipeline, north of
Parachute, Colorado. Field work was performed on December 15, 2006. Please reference the
field work dates and locations in your response letter to aid in our permit tracking efforts.
This pennit application is being submitted to request Army Corps of Engineers verification of
Nationwide Pemtit applicability for 5 buried pipeline drainage crossings of West Fork Parachute
Creek and un-named tributaries, north of Parachule, Colorado. Attached with this letter are
Fonu 4345, a drainage crossing summary table, location map, and photographs.
Please do not hesitate to contact me at the above referenced phone number or at
billmonroe(alcordconm.com if you have any questions or concerns. Thank you for your attention
to this matter.
Sincerely,
Cordillerm1 Compliance Services, l11c.
William Monroe
Project Geologist
Enclosure
cc: Brenda Linstcr Hcmd-0n, EnCnna Oil and Gas (USA), Inc.
File
Cordilleran Compliance Services, Inc.
Grand Junction, CO• Denver, CO• Casper, WY• Laramie, WY• Lander, WY
Environn1e11tal Consulting Engineers and Scientists
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I
(33 CFR 325) OMB APPROVAL NO. 0710-003
1---------·----·····-·· .. ----______ ,.__ '' ········"············"·"·-·-·-·-·-·'-=-7'-"-'-'-=="'--~---------_J'------------~------1 Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions.
Searching existing data sources, gathering ancl maintaining the data needed, and completing and reviewing the collection or infoonation. Send
comments regarding this burden estimate or any other aspect o"f this collection of Information, including suggestions ror reducing this burden, to
Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite
1204, Arlington VA 22202·4302; e1nd LI.I U11.i Office of Management and Budget, Paperwork RedtJCtion Project (0710·003), Woshington, DC 20503.
Please DO NOT RETURN your form to either or those addresses. Completed applications must be submitted to the District Engineer having jurisdiction
over the locotion of the pronnscd octivitv.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, section 1 O; 1413, Section 404. Pnncipal Purpose: These laws require permits authorizing actlvldes In, or affe<::ting, navigable
waters of the United States; the discharge of dredged or fill material Into waters or the United States, and the transportation or dredged rnaterial for the
purpose or dumping it into ocean water::;. Ruulint! U!:iC5; lnronnation provided on this form wi1J be used In evoluoting the application for o permit.
Disclosure: Disclosure of requested information is voluntary, If information is not provided, however, the permit application cannot be proces::oed nor
can a pennit be is.sued,
One set of original drawings or good reproducible copies whic:h show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be sub1nitted to the District Engineer having jurisdiction over the proposed activity. An
annfication that is not comoleted in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DAT[ RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME !i" .. AUTHORIZED.AGEN'i'"'.S NAME & TITLE (an agent is not required)
Brenda Lini;ter Herndon, EnCana Oil and Gas (U2i:J William Monroe, Cordilleran Compliance Services
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
2717 County Road 215 826 21112 Road
Poracl1ute, CO 81635 Grand Junction, CO 81505
7. APPLICANT'S PHONE NUMBERS WITH AREA CODE 10. AGENT'S PHONE NUMBERS WITH AREA CODE
a. Residence 303 888 6978 a. Residence 970 260 8728
b. Business 720 876 5485 b. Business 970 263 7800
11. STATEMENT OF AUTHORIZATION
I hereby authorize William Monroe to act in my behalf as my agent In the processing of this
application and to furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (::.ee instructions)
Drainage Crossings (12/15/06)
13. NAME OF WATERBODY, IF KNOWN (;rapplicabl•) 14. PROJECT STREET ADDRESS (if applicable)
W. Fork Parachute Creek & un-named tributaries NIA
15. LOCATION OF PROJECT
Garfield Co
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (<ee instructions)
see attached information on Excel spreadsheet.
17. DIRECTIONS TO THE SITF
The sites are located north of Parachute. Colorado. See Figure 1 .
ENG FORM 4345 -ONLINE CESPK-CO-R
lB. NATURE OF ACTIVITY (Description or project, include all Features)
Pipelines will be constructed to access EnCana natural gas facilities. Buried pipelines will be installed where the routes cross
W. Fork Parachute Creek and un~narnell lriliutorie::;. Tiie crossings will allow water passage at the locations detailed in the
attached Excel Spreadsheet, and Maps. Construction materials consist of native fill and gravel surface as described.
19. PROJECT PURPOSE (Describe the reason or purpose of the project, see instructions}
Pipelines will be constructed to provide access to EnCana natural gas production wells_
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE
Buried pipelines will be installed to allow crossing of the drainages.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS
The material placod in the drainage is native fill generated by construction cut and fill activities. Native soil is comprised of
shale, silt. clay, sand and occasional gravel material. See attached Excel spreadsheet for estimated fill volumes.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED (see instructions)
See attached location maps and photographs. Construction (disct1arge) is performed with heavy equipment such as dozers
and backhoes. Sedimentation can be mitigated in the area with straw bales, silt fence, or other sediment control devices, as
no,...npc--:;,ni G
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES 0 NO ® IF YES, DESCRIBE THE WORK
See attached spreadsheet, field forms, location map, and photographs.
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC. WHOSE PROPERTY ADJOINS THE WATERBODY (Ir more than
cen be entered here, please attach o supplemental list)
Land owners are indicated on the attached Excel spreadsheet.
25. LIST OF OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL AGENCIES
FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY TYPE APPROVAL• IDENTIFICATION NUMBER DA TE APPLIED DATE APPROVED DATE DENIED
NIA
* Would include but is not restricted to zanino, buildina and flood olain oermits. ··--·-··----·-··-··---------.. -.-
26. Application is hereby made for .a permit or permits to authorize the work described in this application. I certify that the information
in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am
acting as th~ duly authorized agent of the .<1pp1icant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
iiuthorized agent if the statement in block 11 hos been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United
States knowingly and will fully falsifies, conceals, or covers up any trick. scheme, or disguises a material fact or makes ony folsc,
facticious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any
falsc 1 fictitious or fraudulenl sl.Cltt:!menls or enlr , shall be fined not more than $10,000 or im risoned not more than five ears or both.
ENG FORM 4345 -ONLINE CESPK-CO-R
Instructions For Preparing A
Department of the Army Permit Application
Blocks 1 thru 4 -To be completed by Corps of Engineers.
Block 5 ·APPLICANT'S NAME. Enter the name of the responsible party or parties. If the responsible party is an
agency, company, corporation, or other organization, indicate the responsible officer and title. If more than one party is
associated with the application, please attach a sheet with the necessary information marked "Block 5".
Block 6 ·ADDRESS OF APPLICANT. Please provide the full address of the party or parties responsible for the
application. If more space is needed, attach an extra sheet of paper marked "Block 6".
Block 7 -APPLICANT PHONE NUMBERS. Please provide the number where you can usually be reached during normal
business hours.
Block 8 -AUTHORIZED AGENT'S NAME AND TITLE. Indicate name of individual or agency, designated by you, to
represent you in this process. An agent can be an attorney, builder, contractor, engineer or any other person or
organization. Note: An agent is not required.
Blocks 9 and 10 ·AGENT'S ADDRESS AND TELEPHONE NUMBER. Please provide the complete mailing address of
the agent, along with the telephone number where he/she can be reached during nonnal business hours.
Block 11 ·STATEMENT OF AUTHORIZATION. To be completed by applicant if an agent is to be employed.
Block 12 ·PROPOSED PROJECT NAME OR TITLE. Please provide name identifying the proposed project (i.e.,
Landmark Plaza. Burned Hills Subdivision. or Edsall Commercial Center).
Block 13 ·NAME OF WATERBODY. Please provide the name of any stream. lake, marsh, or other waterway to be
directly impacted by the activity. If it is a minor (no name) stream, identify the waterbody the minor stream enters.
Block 14 ·PROPOSED PROJECT STREET ADDRESS. If the proposed project is located at a site having a street
address (not a box number), please enter it here.
Block 15 ·LOCATION OF PROPOSED PROJECT. Enter the county and state where the proposed project is located. If
more space is required, please attach a sheet with the necessary information marked "Block 15".
Block 16 ·OTHER LOCATION DESCRIPTIONS. If available, provide the Section, Township, and Range of the site
and/or the latitude and longitude. You may also provide a description of the proposed project location, such as lot
numbers or tract numbers. You may choose to locate the proposed project site from a known point (such as the right
descending bank of Smith Creek, one mile down from the Highway 14 Bridge). If a large river or stream, include the river
mile of the proposed project site. if known.
Block 17 -DIRECTIONS TO THE SITE_ Provide directions to the site from a known location or landmark. Include
highway and street numbers as well as names. Also provide distances from known locations and any other information
that would assist in locating the site.
Block 16 ·NATURE OF ACTIVITY. Describe the overall activity or project. Give approximate dimensions of structures
such as wingwalls, dikes, (identify the materials to be used in construction, as well as the methods by which the work is to
be done), or excavations (length, width, and height). Indicate whether discharge of dredged or ftll malerial is involved.
Also, identify any structure to be constructed on a fill, piles, or float-supported platforms.
The written descriptions and illustrations are an important part of the application. Please describe, in detail, what you wish
to do. If more space is needed, attach an extra sheet of paper marked "Block 18".
Block 19 ·PROPOSED PROJECT PURPOSE. Describe the purpose and need for the proposed project. What will it be
used for and why? Also include a brief description of any related activities to be developed as the result of the proposed
project. Give the approximate dates you plan to both begin and complete all work.
Block 20 -REASONS FOR DISCHARGE. If the activity involves the discharge of dredged and/or fill material into a
wetland or other waterbody, including the temporary placement of material, explain the specific purpose of the placement
of the material (such as erosion control).
1
Instructions For Preparing A
Department of the Army Permit Application
Block 21 -TYPES OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS.
Describe the material to be discharged and amount of each material to be discharged within Corps jurisdiction. Please be
sure this description will agree with your illustrations. Discharge material includes: rock, sand, clay, concrete, etc.
Block 22 -SURFACE AREAS OF WETLANDS OR OTHER WATERS FILLED. Describe the area to be filled at each
location. Specifically identify the surface areas, or part thereof, to be filled. Also include the means by which the
discharge is to be done (backhoe, dragline, etc.). If dredged material is to be discharged on an upland site, identify the
site and the steps to be taken (if necessary} to prevent runoff from the dredged material back Into a waterbody. If more
space is needed, attach an extra sheet of paper marked "Block 22".
Block 23 ·IS ANY PORTION OF THE WORK ALREADY COMPLETE? Provide any background on any part of the
proposed project already completed. Describe the area already developed, structures completed, any dredged or fill
material already discharged, the type of material, volume in cubic yards, acres filled, if a wetland or other waterbody (in
acres or square feet). If the work was done under an existing Corps permit, identify the authorization if possible.
Block 24 ·NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, etc., WHOSE PROPERTY
ADJOINS THE PROJECT SITE. List complete names and full mailing addresses of the adjacent property owners (public
and private} lessees, etc., whose property adjoins the waterbody or aquatic site where the work is being proposed so that
they may be notified of the proposed activity (usually by public notice). If more space Is needed, attach an extra st1eet of
paper marked "Block 24".
Block 25 -INFORMATION ABOUT APPROVALS OR DENIALS BY OTHER AGENCIES. You may need the approval of
other Federal, State, or Local agencies for your project. Identify any applications you have submitted and the status, if
any (approved or denied) of each application. You need not have obtained all other permits before applying for a Corps
permit.
Block 26 -SIGNATURE OF APPLICANT OR AGENT. The application must be signed by the owner or other authorized
party (agent). This signature shall be an affirmation that the party applying for the permit possesses the requisite property
rights to undertake the activity applied for (including compliance with special conditions, mitigation, etc.).
DRAWINGS AND ILLUSTRATIONS • GENERAL INFORMATION
Three types of illustrations are needed to properly depict the work to be undertaken. These illustrations or drawings are
identified as a Vicinity Map, a Plan View, or a Typical Cross-Section Map. Identify each illustration with a figure or
attachment number.
Please submit one original, or good quality copy, of all drawings on an 8.5 X 11 inch plain white paper (tracing paper or
film may be substituted). Use 1he fewest number of sheets necessary for your drawings or illustrations.
Each illustration should identify the project, the applicant, and the type of illustration (vicinity map, plan view, or cross-
section). While illustrations need not be professional {many small, private project illustrations are prepared by hand), they
should be clear, accurate and contain all necessary information.
2
~~
CORDILLERAN
? ,
' {
i
!
~·.
'.!16u "'
" 1: ,·; !
Crossing Locations
Train Pipeline
EnCana Oil & Gas (USA) Inc.
December, 2006
Source Map: 7.5 Minute USGS Topographic Map (Cutoff Gulch Quadrangle)
Cordilleran Compliance Services. Inc.
826 21 Y. Road
Grand Junction, CO 81505
T: 970.263. 7800
F: 970.263.7456
·.·' •.· ·./··· , .. <;; ... l('i. ) "'~ t ./.<'"
Grand Junction, CO· Denver, CO• Casper, WY• Laramie, WY• Lander, WY
Environmental Consulting Engineers and Scientists
FIELD SURVEY INFORMATION December 15, 2006, Train Pipeline.
Site Nun1ber 5S-96W-9·2 5S-96W-9·3 5S-96W-9-4
Pad or Access Road Number Train Pipeline Train Pipeline Train Pipeline
Section 9 9 9
Township 5S SS SS
Rt1nge 96W 96W %W
·-··-
USGSQuad Cutoff Gulch Cutoff Gulch Cutoff Gulch --Nearest Town Parachute Parachute Parachute
Hydrologic Unit Cude
Drainage Name W. Fork Parachute Creek NA NA ·-·--·
Tributary to Parachute Creek W. Fork Parachute (~reek W. Fork Parachute Creek
Nortll Coordinates 39° 38' 2 11 39° 37' 57" 39° 37' 56"
West Coordinates 108° 10' 28" 108° IO' 39" 108° IO' 57'' --·-
Ordinary High Water Mark (OHW; feet) 2.00 0.50 0.50 ·-
Drainage TJpe Perennial Ephemeral Ephemeral
Const111ction Description Buried Pipeline Buried Pipeline Buried Pipeline
Fill Length (feet) 0 20 20 -·-Fill Widt/1 (feet) 0 20 20
Culvert Size (feet in diameter) 0 2 2
Up Gradient F-.JI Height (Below OHW; fe<t) 0 4 4
Down Gradie11I Fill Height (feel) 0 6 6 .... --··--Average Fill Heig/1t (feet) 0 s 5
Up Gradient OHW Widt/1 (feet) 8 I 2
Down Gradient OHW Widt/1 (feet) 7 I 2 Avera,;;··onw w;dii~-·{feet) -·······------··-·-·---------·-·-·-·-·----------·-·-········------···-·······--·-·-· ----·-·-·-.----..
7.5 I 2 ·-·· Up Gradient Top of Bank Widt/1 (feet) 30 10 15
Down Gradient Top of Bank Width (feet) 50 10 15 -·····-···· ___________ .. _____ ........... _______ ·-·-·-·---·-·-······-----.. ·····----·-·-·-······-·---··· ·--------·-···········--·---Average Top of Bank Width (feet) 40 10 15
Approximate C11hic Yards Fill in Drainage 0.0 I. I 2.2
Approximate Cubic Yards Fill B~low Ordinary Higli Water Mark 0.0 0.4 0.7
~lJproximate Fill Area Below Onli11ary Higll Water ft,fark,Acres 0.000 0.001 0.001
Lando11111ers EnCana EnCana ETICana
Chevron access road Chevron access road
Page 1of2 121506 table
FIELD SURVEY INFORMATION December 15, 2006, Train Pipeline.
Site Number 5S-96W-8-6
Pad or Access Road N11"1her Train Pipeline
Section I 8
Township ··-·-·-·---SS----+
Ra11ge I 96W •• ttSGs Quad ---·-· I Cutoff Gulch _____ _
Nearest Town ! Parachute -
Hydrologic U11it Code
1orainage NatM I W ~--~'ork Parach.ute Creek
Tribulary lo Parachute Creek
Narth Coordi1tates I 39° 37' 56"
West Coordinates i 10&' 11' 18"
jordinary Hig/1 Water Mark (OHW;feet) I 2.00 I
Drainage Type Perennial -
Co11struct/011 Description I Buried Pipeline
Fill lengtil (feet) 0 __
Fill Width (feet) 0
Culvert Size (/<el in diameter) I 0
Up Gradient Fill Heigt.t (Below OHW; feet) I 0
Dow11 Gradient Fill Heigltt (feet) ___ I 0
Average Fill Heig/1t (feet) 0
Up Gradient OHW Width (feet) I 6
IA~=~:eG~~:~"~!~':Jf!~([eet) .... ·········----i-----}-----
Up Gradient Top of Bank Width (feet) I 30
Down Gradient Top of Bank Widt/t (feet) I 30
p;,g.;;f op of BdnkUc_id_tl-, -<fe;;Jj----·-·········· ················· ...... _ic-····_··_···_···· __ -::3-:0:-----i-----:-:
;Approx/mat. Cubic Yards Fill in Drainage 0.0
Approximate Cubic Yards Fill Below Ordi11ary Higll Water Mark 0.0
Approximate Fill Area Below Ortlinary Ilig/1 Water Mark, Acres 0.000
Landowners EnCana
Page 2 of2 121506 table
Photographic Log
Drainage Crossings, EnCana Oil and Gas (USA), Inc.
12/15/2006
Location: Train Pipeline
Site Number: 5S-96W-9-2
Coordinates: N39° 38' 2" WJ08° 10' 28"
Location: Train Pipeline
Site Number: 5S-96W-9-2
Coordinates: N39° 38' 2" W108° l O' 28"
Location: Train Pipeline
Site Number: 5S-96W-9-3
PHOTO I
PHOT02
PHOT03
Coordinates: N39° 37' 57" Wl08° 10' 39"
Photographic Log
Drainage Crossings, EnCana Oil and Gas (USA), In<:.
12/15/2006
Location: Train Pipeline
Site Number: 5S-96W-9-3
PHOT04
Coordinates: N39° 37' 57'' WI08° IO' 39"
PHOTOS
Location: Train Pipeline
Sile Number: 5S-96W-9-4
Coordinates: N39° 37' 56" W108° JO' 57"
PIIOT06
Location: Train Pipeline
Sile Number: 5S-96W-9-4
Coordinates: N39° 3 7' 56" WI 08° IO' 57"
Photographic Log
Drainage Crossings, EnCana Oil and Gas (USA), Inc.
12/15/2006
• Location: Train Pipeline
Site Number: 5S-96W-8-6
Pll0T07
Coordinates: N39° 37' 56" W108° 11' 18"
PHOTOS
Location: Train Pipeline
Site Number: 5S-96W-8-6
Coordinates: N39° 37' 56" Wl08' 11' 18"
PHOT09
Location: Train Pipeline
Site Number: 5S-96W-8-I
Coordinates: N39° 37' 53" W108° 11' 24"
Photographic Log
Drainage Crossings, EnCana Oil and Gas (USA), Inc.
12/15/2006
Location: Train Pipeline
Site Number: 5S-96W-8-1
PHOTO 10
Coordinates: N39° 3 7' 53" WI 08° 11' 24"
** DUPLICATE ORIGINAL**
BOND RIDER NO. 1
Attaching to and forming part of Permit Bond No. RLB0011273, executed February 6,
2008, on behalf of EnCana Oil & Gas (USA) Inc . as Principal, in favor of Garfield County,
Vegetation Management Department as Obligee, in the amount of Three Hundred Six
Thousand and No/100 Dollars ($306,000.00).
It is understood and agreed that effective June 25, 2008, the amount of this bond is
increased by Thirty Two Thousand Two Hundred Fifty and No/100 Dollars ($32,250.00).
Total penal sum is amended to read: Three Hundred Thirty Eight Thousand Two
Hundred Fifty and No/100 Dollars ($338,250.00).
All other conditions and terms to remain as originally written or previously amended by
rider.
Signed, sealed and dated this 25th day of June 2008.
EnCana Oil & Gas (USA) Inc. Prin? / By:~
R'v 7~ r,,w,,~,'ff .+fh'"17ey-1h -Pcr4-~
RLI Insurance Company
8 Greenway Plaza, Suite 400
Houston TX 77046
Surety
RLB0011 2 73
RLI Sur ety
A divis ion of RLI Insurance Company POW ER OF ATT ORN EY
Know All Me n by The s e Pr esents:
R LI Insura n ce Compa n y
That th e RLI INSURANCE COM PANY, a co rpora tion orga ni zed a nd exist ing under the laws of th e State of Ill inois, an d au thor ized and li ce nsed
lo do bu siness in a ll slates and th e Distri ct of Co lumbi a does hereby make, constitute and appoi nt: ----~G~R=E~G~E=·~C~H_l_L~SO~N ___ _
in the City of HOUS TON , Stale of TEXAS , as Attorn ey -in-Fact, with full powe r and auth orit y h ereby co nfe rr ed upo n him to sign,
exe cute, ac kn ow led ge a nd de l iver for a nd o n its b e ha lf as S u re ly a nd as i ts act a nd dee d, a ll o f t he follo wi n g c lasses of documen ts t o-w it:
$3 3 8,250 .00
I ndem n ity, Su r e l y an d Unde rta kin gs t hat may be des i re d by co n tract, o r may be give n in any ac t ion or proceeding i n any cou rt of law
or eq u ity ; po l ic i es in demni fy i ng em ployers against loss or damage ca u se d by t he mi sco n du ct of t heir emp loyees; offi cia l , bai l an d
s ur ety a nd fi d e l i ty bonds. In dem ni ty in a ll cases wher e ind emni ty may be lawfu ll y given; an d wi th full powe r a nd a ut h or i ty to
exec u te consents a n d wa ive r s to mod i fy or c hange o r ex te n d any bo nd or doc u me n t exec u ted fo r thi s Co m pa ny, a nd t o co mpromise
an d settle any and a ll c la i ms o r de ma n ds made or existin g agains t sa i d Company.
The RLI INSURANCE COM PANY fur t he r ce rt ifies t hat t he fo ll owi n g is a t ru e and exac t copy of a Resolution adopted by t h e Boa rd of
Dir ecto r s of RL I In su ra n ce Com 11a ny, and now in force to -wi t:
"All bo nd s, po l i cies, undertak in gs, Powers of At to rn ey, or othe r ob l igations of the corp orati o n sha ll be executed i n th e co r porate
na m e of t he Company by the Pres ide n t, Sec r etary, a ny Ass i stant Sec re t ary, Tr eas ur e r , or a ny Vi ce President, or by such oth er office r s
as t h e Boar d o f Di r ectors may a u th o r ize. Th e Pr es i de n t, a n y Vice Preside nt , Secreta r y, any Ass i sta n t Sec r eta r y, or the Tr easurer may
appo i nt At torneys-in -Fac t or Agen ts who s ha ll have a u thority to i ss u e bo nd s, po l ic ie s, or u nd e rta kin gs in the na me of t h e Com pany.
Th e corpora t e se a l is no t necessary for t he va lidity of any bonds, po l icies, under taki ngs, Pow e r s-of-A ttorney, or other ob li ga t io ns of
the co rpo ratio n . The sig na t u r e of a ny s u ch officer and the co r porate seal may be pri n ted by fa csi mi le."
(Blu e sha ded areas above indica te a uthent i city)
I N WITNESS WHEREOF , th e RLI In sura n ce Co m pa ny has ca u se d th ese p r ese nts to be exec uted by its ---"-"PR._.E ... ~"'"S,_.!D<--'E"-'N"-T...___wi lh its
corpor a te sea l a ffi xe d th is
ATTEST: RLI INSURANCE COMPANY
~'~
Stale of Illinois
SS
Coun ty of Peoria
On thi s 25cta y of June 2 008 befor e me, a Notary Public , personally appea red Michae l J. Ston e an d Jea n M. Step henso n , who bei ng by me
duly sworn, ack now ledge d tha t they sig ned the above Powe r of Attorn ey as Presi dent and Corporate Sec retary, respect ive ly, of the said RLI INSURANCE
COMPANY, and ac knowledge d sa id instrument to be the voluntary act and de ed of said corporat ion.
O FF ICIAL SEA L
CHERIE L. MONT GOMERY
COMMISSIO N EXP IRES 02/02/12
SPA026 (02/08)
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
White River Field Office
220 East Market Street
Meeker. Colorado 81641
TAKE PRIDE"
INAMERICA
2800(C0-! 10)
COC71977
MAR 3 1 2008
Certified Mail No. 7007 0220 0000 5117 6949
Return Receipt Requested
ATIN: Preston Nelson
Encana Oil & Gas (USA) INC
370 l 7rn Street, #1700
Denver, Colorado 80202
DECISION
Right-of-Way Grant Issued
Rental Determined
Right-of-Way grant COC71977 is hereby issued, effective the date of this decision.
Rental for this ROW for the period of03/13/2008 thru 12/31/2008 has been paid. Rental for next
year will include the total acreage.
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
1842.1. 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 of the receipt of this decision. The appellant has the burden of showing that the decision is in
error.
If you have any questions regarding this matter, please contact Penny Brown, Realty Specialist, at
(970) 878-3810.
Enclosure
Forml842-l
ROW Grant
Kent E. Walter
Field Manager
FORM 2800-14
(August 1985)
ISSUING OFFICE
White River Field Office
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT
SERIAL NUMBER COC71977
1. A right-of-way is hereby granted pursuant to Title V of the Federal Land
Policy and Management Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C.
1761).
2. Nature oflnterest:
a. By this instrument, the holder:
EnCana Oil & Gas (USA) Inc.
2717 County Road 215, Suite JOO
Parachute, Colorado 81635
Receives a right to construct, operate, maintain, and terminate a 12-inch
Fresh Water Pipeline for the Divide Ridge System, on public lands
described as follows:
Sixth Principal Meridian, Colorado
T. 4 S., R. 96 W.,
Sec. 20, SEY.SW'!.;
Sec. 30, lot 3, 4;
Sec. 31, lot 2, 3, SWY.NW'.4, NYiSWY., SEY.SW'.4;
Sec. 32, NYiSWY., SWY.SWY.;
Sec. 33, EYiSEY., SWY.SEY.;
Sec. 34, lot I, 2.
T. 4 S., R. 97 W.,
Sec. 25, SEY.NEY., EYiSEY.;
Sec. 36, EYiNE'.4.
T. 5 S., R. 96 W.,
Sec. 6, lot 1, 2.
b. The right-of-way area granted herein is being buried within the same
trench as for right-of-way COC71975.
c. This instrument shall terminate on December 31, 203 7, unless prior
thereto, it is relinquished, abandoned, terminated, or modified pursuant to
the terms and conditions of this instrument or of any applicable Federal
law or regulation.
d. This instrument may be renewed. If renewed, the right-of-way shall be
subject to the regulations existing at the time ofrenewal and any other
terms and conditions that the authorized officer deems necessary to protect
the public interest.
e. Notwithstanding the expiration of this instrument or any renewal thereof,
early relinquishment, abandonment, or termination, the provisions of this
instrument, to the extent applicable, shall continue in effect and shall be
binding on the holder, its successors, or assigns, until they have fully
satisfied the obligations and/or liabilities accruing herein before or on
account of the expiration, or prior termination, of the grant.
3. Rental:
For and in consideration of the rights granted, the holder agrees to pay the
Bureau of Land Management fair market value rental as determined by the
authorized officer unless specifically exempted from such payment by
regulation. Provided, however, that the rental may be adjusted by the
authorized officer, whenever necessary to reflect changes in the fair market
rental value as determined by the application of sound business management
principles, and so far as practicable and feasible, in accordance with
comparable commercial practices.
4. Terms and Conditions:
a. This grant is issued subject to the holder's compliance with all applicable
regulations contained in Title 43 Code of Federal Regulations part 2800.
b. Upon grant termination by the authorized officer, all improvements shall
be removed from the public lands within 90 days, or otherwise disposed of
as provided in paragraph (4)(d) or as directed by the authorized officer.
c. Each grant issued for a term of 20 years or more shall, at a minimum, be
reviewed by the authorized officer at the end of the 20'h year and at regular
intervals thereafter not to exceed I 0 years. Provided, however, that a
right-of-way granted herein may be reviewed at any time deemed
necessary by the authorized officer.
d. The stipulations, plans, maps, or designs set forth in Exhibit A and B ,
attached hereto, are incorporated into and made a part of this grant
instrument as fully and effectively as if they were set forth herein in their
entirety.
e. Failure of the holder to comply with applicable law or any provision of
this right-of-way grant or permit shall constitute grounds for suspension or
termination thereof.
f. The holder shall perform all operations in a good and workmanlike
manner so as to ensure protection of the environment and the health and
safety or permit.
IN WITNESS WHEREOF, the undersigned agrees to the terms and conditions of this
right-of-way grant.
(Signature of Holder) (Signature of Authorized Officer)
Field Manager
(Title)
*
(Date) (Effecti1e Date of Grant)
n
'?
0
t'.o
0
0
°' b
SPECIAL STIPULATIONS
Exhibit B
Mitigation Specific to Porcupine Gulch:
I. Construction of the Porcupine Gulch reroute in T 4 S, R 96 W, Sections 30 and 32,
and T 4 S, R 97 W, Sections 25 and 36 may not proceed until the BLM has received,
reviewed and accepted a new cultural inventory report for the pipeline reroute.
Additional mitigation stipulations may be added based upon the results of the new
inventory data.
2. No development or construction activities will be allowed from April 15 through July
7 in order to protect sage-grouse nesting habitat. This includes construction of CDP N20-
496, CPD D30-496, and the pipeline segment in Porcupine Gulch if access to the work
areas includes traversing the Divide Road.
3. The portion of the pipeline that drops off of the Divide Road and goes down into
Porcupine Gulch (T4S, R97W, Section 36): The pipeline route will be determined in
coordination with a BLM WRFO Wildlife Biologist as soon as the snow melts. The
pipeline route will be designed to minimize direct habitat loss in aspen stands.
4. The operator will take photographs (upstream, downstream, along the cross-section
and several pictures along likely flow paths to the stream channels) and establish at least
one permanent cross-section below the CDP sites on Porcupine Gulch and the East Fork
of the Middle Fork of Stewart Creek. Data from these cross-sections and copies of
photographs will be submitted to the WRFO Hydrologist in report form by the end of
construction activities or by October 1 '', 2008 whichever comes first. The cross-sections
should be done with accepted methods as described in Stream Channel Reference Sites:
An Illustrated Guide to Field Technique, available at
http://www.stream.fs.fed.us/publications/documentsStream.html. The methods for
establishing monumented cross-sections should be followed and specifically the
techniques described in section 6, Measuring Channel Cross-sections. The locations of
these cross-sections should be submitted in the report (Easting and Northing, with
projection) and access to the CDP site on the East Fork of the Middle Fork of Stewart
Creek should be granted to BLM personnel ifrequired.
5. The CDP sites will not impinge on the stream channel in any way and no surface
disturbance should occur within 50 feet of the active stream channel (1.5-2 year flood) or
wetlands with the exception of the stream crossings on Porcupine Gulch and Cutoff
Gulch.
6. This project shall not discharge sediment or disturb riparian vegetation during pipeline
or CDP installation with the exception of the Porcupine Gulch and Cutoff Gulch
crossings. If sediment discharge is expected due to a failure of BMPs or due to an
extreme storm event, the BLM AO will be informed as soon as possible.
7. For the area where the pipeline route does not follow existing roads, the
operator/holder shall be responsible for conditioning the pipeline so as to prevent it from
being used as a road. Methods may include fencing or other alternative methods that
effectively prevent use and meet BLM approval. Specifically, this area is the pipeline
segment that comes out of Porcupine Gulch and heads east along the Divide Road (T4S,
R97W, Section 36).
8. Any fence crossings or gates encountered during construction of the pipeline shall
require placement of a temporary gate or cattleguard constructed/installed to BLM
Manual H 173 7-1 specifications. Sediment resulting from pipeline construction activities
affecting the functionality of the stock pond in Porcupine Gulch shall be cleaned out.
During construction, ifbedding material is needed, sediment may be removed from this
pond and used as bedding material.
Mitigation Applicable to Proposed Action:
9. The operator is responsible for informing all persons who are associated with the
project operations that they will be subject to prosecution for knowingly disturbing
historic or archaeological sites, or for collecting artifacts. If historic or archaeological
materials are uncovered during any project or construction activities, the operator is to
immediately stop activities in the immediate area of the find that might further disturb
such materials, and immediately contact the authorized officer (AO). Within five
working days the AO will inform the operator as to:
• whether the materials appear eligible for the National Register of Historic Places
• the mitigation measures the operator will likely have to undertake before the site
can be used (assuming in situ preservation is not necessary)
• a timeframe for the AO to complete an expedited review under 36 CFR 800-11 to
confirm, through the State Historic Preservation Officer, that the findings of the
AO are coJTect and that mitigation is appropriate.
If the operator wishes, at any time, to relocate activities to avoid the expense of
mitigation and/or the delays associated with this process, the AO will assume
responsibility for whatever recordation and stabilization of the exposed materials may be
required. Otherwise, the operator will be responsible for mitigation cost. The AO will
provide technical and procedural guidance for the conduct of mitigation. Upon
verification from the AO that the required mitigation has been completed, the operator
will then be allowed to resume construction.
10. Pursuant to 43 CFR I 0.4(g) the holder of this authorization must notify the AO, by
telephone, with w1itten confitmation, immediately upon the discovery of human remains,
funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43
CFR 10.4(c) and (d), you must stop activities in the vicinity of the discovery and protect
it for 30 days or until notified to proceed by the authorized officer.
11. Historic Cabin remains 5GF 2455 shall be avoided by all construction activity.
12. Eliminate any noxious plants before any seed production has occurred. Eradication
should make use of mate1ials and methods approved in advance by the Authorized
Officer.
13. The operator will clean all off-road equipment to remove seed and soil prior to
commencing operations on public lands within the project area.
14. The following prescribed seed mix and seeding rates will be applied during pipeline
reclamation:
Native Seed Mix
Species Pure Live Seed Total % of Seed
(PLS) Seeds/Acre Mix
Westem wheatgrass (Rosanna) 2 lbs/ac 220,000 0.12
Indian ricegrass (Rimrock) I lbs/ac 140,000 0.08
Bluebunch wheatgrass (Whitmar) 2 lbs/ac 234,000 0.13
Thickspike wheatgrass (Critana) 2 lbs/ac 308,000 0.17
Letterman needlegrass (ACLE9) 1 lbs/ac 150,000 0.08
Globemallow 0.5 lbs/ac 250,000 0.14
Blue flax (Maple Grove) 0.5 lbs/ac 210,000 0.12
Rocky mountain penstemon (Bandera) 0.5 lbs/ac 143,000 0.08
Arrowleaf balsamroot 1 lbs/ac 58,000 0.03
Utah sweetvetch 1 lbs/ac 80,000 0.04
Total lbs. PLS/Acre 11.5
15. Construction sites shall be maintained in a sanitary condition at all times; waste
materials at those sites shall be disposed of promptly at an appropriate waste disposal
site. "Waste" means all discarded matter including, but not limited to, human waste,
trash, garbage, refuse, oil drums, petroleum products, ashes, and equipment. The operator
shall be prepared to provide documentation that all waste is properly disposed of at the
appropriate regulated disposal facility.
16. A release of any chemical, oil, petroleum product, produced water, or sewage, etc,
(regardless of quantity) must be reported by the lease holder, to the Bureau of Land
Management -WRFO Hazardous Materials Coordinator at (970) 878-3800.
17. If any hazardous chemicals, fuels, oils, lubricants, and/or noxious fluids are spilled
during construction operations, they shall be cleaned up immediately. The operator shall
have absorbent on site for spill containment. After clean up, the chemicals, fuels, oil,
lubricants and/or noxious fluids and any contaminated material shall be removed from the
drill site and disposed of at an approved disposal facility. An incident report with waste
manifests shall be submitted to the BLM.
18. If during any phase of the construction, operation, or termination of the pipeline or
related facilities any oil or other pollutant should be discharged from the pipeline system,
or from containers or vehicles impacting Federal lands, the control and total removal,
disposal, and cleanup of such oil or other pollutant, wherever found, shall be the
responsibility of the holder, regardless of fault. Upon failure of holder to control, cleanup,
or dispose of such discharge on or affecting Federal lands, or to repair all damages to
Federal lands resulting from, the authorized officer may take such measures as he deems
necessary to control and cleanup the discharge and restore the area, including, where
appropriate, the aquatic environment and fish and wildlife habitats, at the full expense of
the holder. Such action by the authorized officer shall not relieve the holder of any
liability or responsibility.
19. The operator shall submit its Spill Prevention Containment and Countermeasure
(SPCC) plan to the authorized officer prior to scheduled staii up.
20. The holder is requested to notify BLM of any historical or recent trash dumping sites
on or adjacent to the construction area, so that BLM can identify, prioritize, and perform
cleanup activities at these locations.
21. All disturbed areas will be contoured to blend with the natural topography. Blending
is defined as reducing form, line, and color contrast associated with the surf ace
disturbance. In visually sensitive areas and WSAs, all disturbed areas shall be contoured
to match the original topography. Matching is defined as reproducing the original
topography and eliminating form, line, and color caused by the disturbance as much as
possible.
22. Locate roads on stable positions (e.g., ridges, natural benches, and flatter transitional
slopes near ridges and valley bottoms). Implement extra mitigation measures when
crossing areas of unstable or fragile soils.
23. Surface roads if they will be subject to traffic during wet weather. The depth and
gradation of surfacing will be determined by traffic type, frequency, weight, maintenance
objectives, and the stability and strength of the road foundation and surface materials.
24. Provide for erosion-resistant surface drainage prior to fall rain or snow.
25. Identify ditchline and outlet erosion caused by excessive flows and add necessary
drainage facilities and armoring.
26. Locate culverts or drainage dips in such a manner as to avoid discharge onto unstable
terrain such as headwalls or slumps. Provide adequate spacing to avoid accumulation of
water in ditches or road surfaces.
27. Limit activities of mechanized equipment within stream channels.
28. Monitor culvert installations to ensure adequate armoring of inlet and outlet and no
erosion of design. Patrol areas susceptible to road or watershed damage during periods of
high runoff.
29. Keep road inlet and outlet ditches, catchbasins, and culverts free of obstructions,
particularly before and during spring runoff. Routine machine-cleaning of ditches should
be kept to a minimum during wet weather.
30. The pipeline will be bmied to provide a minimum cover of 36 inches through normal
terrain. The pipeline will be buried deep enough to avoid problems with irrigation
ditches, canals, potential irrigation areas and existing pipelines, as designated by the
authorized officer. In rocky areas, a minimum cover of 24 inches will be provided. In
areas next to or crossing access roads, the pipeline shall be buried with a minimum of
four feet of cover in alluvial areas and three feet of cover in rocky areas.
31. Water bars or dikes shall be constructed on all of the rights-of-way, and across the
full width of the disturbed area, as directed by the authorized officer.
32. When erosion is anticipated, sediment baniers shall be constructed to slow runoff,
allow deposition of sediment, and prevent it from leaving the site. In addition, straining
or filtration mechanisms may also contribute to sediment removal from runoff.
33. All trees on the pipeline right-of-way shall be purchased from the Bureau of Land
Management, White River Resource Area.
34. Trees removed during pipeline construction shall be skidded back onto the right-of-
way following seeding operations. Those trees not brought back onto the right-of-way
will be cut into four-foot lengths down to a four inch diameter and located to allow
removal by the applicant or public.
35. All disturbed sites shall be promptly reclaimed to the satisfaction of the Area
Manger.
36. Distribute topsoil evenly over the location and prepare a seedbed by disking or
ripping. Drill seed on contour at a depth no greater than 1/2 inch. In areas that cannot be
drilled, broadcast at double the seeding rate and harrow seed into the soil.
37. Use seed that is certified and free of noxious weeds. Seed certification tags must be
submitted to the Area Manager.
38. Leave the disturbed area in a condition that provides drainage with no additional
maintenance.
39. The following are site specific conditions that should be applied to this project: If
soil productivity is diminished compared to pre-disturbance conditions reseeding,
hydromulching or other efforts will be made to reclaim soil productivity along the
pipeline right-of-way.
• To maintain soil productivity on soils, surface rock as a percentage of ground cover
will not exceed pre-disturbance conditions after reclamation on the pipeline right-of-
ways.
• Water bars and water stops will be installed as necessary on steep pipeline sections to
reduce the likely potential for preferential flow paths on the surface or subsurface.
• If erosion features such as riling, gullying, piping and mass wasting occur along the
pipeline right-of-way or at the CDP sites at anytime in the future these erosion
features will be addressed immediately after observation by contacting the AO and
submitting a reclamation plan with BMPs to address the erosion problems.
• The operator will keep disturbance to a minimum on the landslide slopes identified as
Torriorthents, cool-Rock outcrop complex in the Rio Blanco Soil survey, located on
the northwest side of both CDP pads. If drainage problems on the pad from these
slopes become apparent during construction or operation the operator will submit a
drainage plan to the AO via sundry notice to address the concerns using good
storrnwater management BMPs.
• The pipeline will avoid the Cottonwood Gulch spring development and associated
stock pond by at least I 00 feet.
• The operator will submit detailed engineering designs that address the site layout
along with spill prevention features for the CDPs.
• Berms should be constructed and maintained at the CDP sites that would hold I I 0%
of the tank volume in the event of a spill.
• The pipeline route along the East Fork of the Middle Fork of Stewart Creek should
run along the west side of the road as much as possible to avoid water features.
• The pipeline along the East Fork of the Middle Fork of Stewart Creek should not
cross the creek and should not impinge on the stream channel at any point. The
majority of this section of the route is on private lands. However, this approval is
contingent on no impact to the stream channel, regardless ofland ownership.
• If the pipeline along the East Fork of the Middle Fork of Stewart Creek is exposed at
some point in the future due to erosion in stream channel, the pipeline will be re-
routed, no channel modification will be used to correct an exposed pipe in the future,
regardless ofland ownership.
• Pipeline locations should be placed in such a way to allow unimpeded maintenance of
roads.
• If an accidental spill occurs from any of these facilities, the BLM AO will be notified
as soon as possible.
40. Surface disturbing activities shall avoid riparian/wetland habitat. If topography
allows, a pipeline route that allows a 200 foot buffer around the spring sources shall be
used. If this size ofbuffer is not possible construction activities shall be conditioned to
not degrade the spring and associated area.
41. All reclamation and revegetation requirements listed below apply to BLM lands but
to promote seamless reclamation and maximize plant community function the same
standards should be applied to private surfaces as well.
42. All disturbed areas will have topsoil redistributed and re-vegetated with the native
seed mixes listed in the Threatened, Endangered, and Sensitive Animal Species section
prior to the first full growing season following completion of drilling (unless the surface
owner requests a different seed mix).
43. Final reclamation of roads and well pads following abandonment will be achieved
with the native seed mix noted above. Successful re-vegetation should be achieved within
three years following final reclamation. Operators are responsible for making repeated
re-vegetation attempts until reclamation is successful.
44. Successful re-vegetation should be achieved within three years. At a minimum,
fence around CDP D30-496 and CDP N20 496. In areas where livestock use would
impair or is impairing establishment of the seeded desirable vegetation (e.g. near water
sources) it may be necessary to exclude livestock until desirable vegetation is established.
These decisions will be made by the BLM on a case-by-case basis. Any fences installed
to promote reclamation success will be maintained in functional condition by the operator
and will be removed by the operator upon approval by the WRFO BLM.
45. Successful reclamation and re-vegetation is defined by the following:
• A functioning vegetation community will present a minimum cover and
composition of 80% of the Desired Plant Community as defined by the range site
description or in relation to the seed mix applied. In cases where wildlife objectives
are dependent upon presence of forbs within the community BLM will require their
presence at the 80% calculation.
• The functioning vegetation community established on the reclaimed site is capable
of persisting on the site without continued intervention and will allow plant
community successional processes to develop to the climax community.
46. The operator will be required to monitor the project site for a minimum of three years
after construction to detect the presence of noxious/invasive species. Any such species
which occur will be eradicated using materials and methods approved in advance by the
Authorized Officer.
47. Raptor surveys will be conducted in aspen stands within 500 ft of the proposed
pipeline and CDP sites in T4S, R96W, Sections 20, 30-31 and T4S, R97W, Sections 25
and 36. If nests are found, then the appropriate no surface occupancy (e.g. 1/8 mile buffer
around nests of non-listed raptor species) and timing limitation (e.g. no development
activities within \4 mile of the nests of non-listed raptor species from February 1 through
August 15, or until fledging and dispersal of young) restrictions shall apply. The no
surface occupancy restrictions shall only apply to the CDP sites and not the pipelines.
The timing limitations shall apply to construction-related activities for both the pipelines
and the CDP sites.
48. Where the proposed action traverses areas of brush species, there is little concern as
these fuels degrade quickly over time. In these fuel types the main concern is primarily
during construction. In areas where pinion-juniper trees are present, retain the required
amount of trees to cover the pipelines and chip or shed the remaining trees or unused
portions as pinion-juniper will remain on site for a long duration with minimal
degradation. During construction, all if the equipment on site shall have a shovel and a
I 0 lbs ABC fire extinguisher for suppression of accidental ignition caused by equipment
on site. Contact Craig Fire Dispatch at 970-826-5037 to report any fires in the general
area especially those adjacent to and involving the construction area. No fire suppression
activities shall take place on any naturally ignited fires in the area unless instructed by the
incident commander.
49. The operator is responsible for informing all persons who are associated with the
project operations that they will be subject to prosecution for knowingly disturbing
paleontological sites, or for collecting fossils. If fossil materials are uncovered during
any project or construction activities, the operator is to immediately stop activities in the
immediate area of the find that might further disturb such materials, and immediately
contact the authorized officer (AO). Within five working days the AO will inform the
operator as to:
• whether the materials appear to be of noteworthy scientific interest
• the mitigation measures the operator will likely have to undertake before the site
can be used (assuming in situ preservation is not feasible)
If the operator wishes, at any time, to relocate activities to avoid the expense of
mitigation and/or the delays associated with this process, the AO will assume
responsibility for whatever recordation and stabilization of the exposed materials may be
required. Otherwise, the operator will be responsible for mitigation cost. The AO will
provide technical and procedural guidelines for the conduct of mitigation. Upon
verification from the AO that the required mitigation has been completed, the operator
will then be allowed to resume construction.
50. If, at any time it becomes necessary to excavate into the underlying rock formation to
excavate the pipeline trench, level the CDP facility pad or excavate footers for the CDP
facilities a paleontological monitor shall be present for all such excavations.
51. Proper fence bracing to BLM standards (see manual reference above) shall be in
place prior to cutting the fence to maintain proper wire tensions. Effectiveness (control
of cattle) offences at crossing points shall be maintained at all times during construction
and operation of the pipeline.
52. The holder shall contact the autho1ized officer at least three (3) days prior to the
anticipated start of construction and/or any surface disturbing activities. The authorized
officer may require and schedule a preconstruction conference with the holder prior to the
holder's commencing construction and/or surface disturbing activities on the right-of-
way. The holder and/or his representative shall attend this conference. The holder's
contractor, or agents involved with construction and/or any surface disturbing activities
associated with the right-of-way, shall also attend this conference to review the
stipulations of the grant including the plans(s) of development.
53. Use of pesticides shall comply with the applicable Federal and state laws. Pesticides
shall be used only in accordance with their registered uses and within limitations imposed
by the Secretary of the Interior. Prior to the use of pesticides, the holder shall obtain from
the authorized officer written approval of a plan showing the type and quantity of
material to be used, pest(s) to be controlled, method of application, location of storage
and disposal of containers, and any other information deemed necessary by the
authorized officer. Emergency use of pesticides shall be approved in writing by the
authorized officer prior to such use.
54. The holder shall be responsible for weed control on disturbed areas within the limits
of the right-of-way. The holder is responsible for consultation with the authorized officer
and/or local authorities for acceptable weed control methods (within limits imposed in the
grant stipulations).
55. The holder shall protect all survey monuments found within the right-of-way. Survey
monuments include, but are not limited to, General Land Office and Bureau of Land
Management Cadastral Survey Corners, reference corners, witness points, U.S. Coastal
and Geodetic benchmarks and triangulation stations, military control monuments, and
recognizable civil (both public and private) survey monuments. In the event of
obliteration or disturbance of any of the above, the holder shall immediately report the
incident, in writing, to the authorized officer and the respective installing authority if
known. Where General Land Office or Bureau of Land Management right-of-way
monuments or references are obliterated during operations, the holder shall secure the
services of a registered land surveyor or a Bureau cadastral surveyor to restore the
disturbed monuments and references using surveying procedures found in the Manual of
Surveying Instructions for the Survey of the Public Lands in the United States, latest
edition. The holder shall record such survey in the appropriate county and send a copy to
the authorized officer. If the Bureau cadastral surveyors or other Federal surveyors are
used to restore the disturbed survey monument, the holder shall be responsible for the
survey cost.
56. The holder shall survey and clearly mark the centerline and/or exterior limits of the
right-of-way prior to any surface disturbing activity, as dete1mined by the authorized
officer.
57. The holder shall trim trees in preference to cutting trees and shall cut trees in
preference to bulldozing them as directed by the authorized officer.
58. The holder shall not clear trees to allow passage of equipment for stringing the line
without the prior written approval of the autho1ized officer.
59. When construction activity in connection with the right-of-way breaks or destroys a
natural barrier used for livestock control, the gap, thus opened, shall be fenced to prevent
the drift oflivestock. The subject natural barrier shall be identified by the authorized
officer and fenced by the holder as per instruction of the authorized officer.
60. The holder shall inform the authorized officer within 48 hours of any accidents on
federal lands that require reporting to the Department of Transportation as required by 49
CFR Part 195.
61. The holder is prohibited from discharging oil or other pollutants into or upon the
navigable waters of the United States, adjoining shorelines, or the waters of the
contiguous zone in violation of Section 311 of the Clean Water Act as amended, 3 3
U.S.C. 1321, and the regulations issued thereunder, or applicable laws of the State(s) of
xx and regulations issued thereunder. Holder shall give immediate notice of any such
discharge to the authorized officer and such other Federal and State officials as are
required by law to be given such notice.
62. Prior to any discharge, hydrostatic testing water will be tested and processed, if
necessary, to ensure that the water meets local, State or Federal water quality standards.
Prior to discharge of hydrostatic testing water from the pipeline, the holder shall design
and install a suitable energy dissipator at the outlets, and design and install suitable
channel protection structures necessary to ensure that there will be no erosion or scouring
of natural channels within the affected watershed as a result of such discharge. The
holder will be held responsible for any erosion or scouring resulting from such discharge.
Sandbags, rock, or other materials or objects installed shall be removed from the site
upon completion of hydrostatic testing.
63. The "Plan of Development" will be incorporated into and made a part of the right-of-
way grants for COC71975, COC71976, and COC71977.
64. All permanent (onsite for six [6] months or longer) structures, facilities and
equipment placed above ground shall be painted Munsell Soil Color Chart Juniper Green
where the proposed action is in trees, or Oil Green (17-0115 TPX Pantone for
architecture & interior color guide 2003) where the proposed action is in sagebrush, or
equivalent within six months of installation.
Form 18"2·1
(September 2006)
UNITED STATES·
DEPARTMENT OF THE INTERIOR
BUR.EAU OF LAND MANAGEMENT ·-
INFORMATION ON TAKING APPEALS TO THE INTERIOR BOARD OF LAND APPEALS
-
DO NOT APPEAL UNLESS
I. Thia decisioo ii ldvene to you,
AND
2. You believe it ii incorrect
IF YOU APPEAL, THE FOLLOWING PROCEDURES MUST BE FOLLOWED
l.)IOTICS or
APPEAL .............. .
1. WHIRSTOl'IU
NOTICE OP APPEAL ........... -
wmtCOPYTO
SOLICITOR. ..
3.STATEMJ:NT Of REASONS
WITH COPY TO
SOLICITOR. ............................. .
A pcnoo who wishes to IPoeal IO the Ini.riar Board orlalld Appeals mllll file in the office or the officer wh<
made tho dccisioD (DOI lhi Interior Board or I.ad Appeals) I llOlicc Iha& be wishes to a-1. A pencn scrvc<i
widl the dccisioD beina ~ mllll trlllllDit the Noda of Af'l*ll. la time Ccr ii to be-ftlcd in the omc. wbe
it ii riquired to be filed wtthin 30 da)'I after tho dalll or scrvtco. If I decision is published ill tho FEDEllA
REGISTE!l, a pmoa nol served with the d<ciaiOll 1111111 1r11Umit a Notlco of App<al in rime ror ii to be filed
within 30 da)'I after tho data of publicatiOll (0 CFR 4.411 and 4.413~
WHITI! RIVEi. FtELD OFFICB
BUltl!AU OP LAND MANAGEMENT
220 EAST MARKEi' llTilEl!T
MEEXEa, COLORADO 11641
REGIONAL soucrroa
ROCKY MOUllTAIN REGION
1SS PAIU'BT STREET, SUITE !St
LAKEWOOO, COWRADO 802tS
Within 30 da)'I after filing the Notlct of App<al, file a complete •tatomonl of tho reasons why you uo awealing.
Thia mllll be filed with tho Uniled States Dopulmonl or the Interior, Office of Hearings and Appeals,' lnteri0<
Board of!.and Appeals, 801 N. Quincy Street, MS 300-QC, Arlington, Virginia 22203. If you fully stated
your rossona for appealing when filins the Notico of ApJMal, oo additional stalemont is no<essary
(43 CF!l4.412 and4.413).
4. ADVERSE PARTIES ................ . Within IS dayl after each documenl is filed, osch adveno pally named in the decision and the Regional
Solicitor or Field Solicitor having jurisdiction over the State in which tho appeal arose must be served with a
5. PROOF Of SERVICE .............. .
6. REQUEST FOR ST A Y ............ .
copy of: (a) the Notice of Appeal, (b) the Statement of Reasons, and (c) any other documenta filed ·
(43 CFR 4.413~ .
Within IS days after any document is served on an adverse pally, filo proof of that seivice with the United Stat
Doputment of the Interior, Office ofHearings and Appeals, Interior Board of Land Appeals, 801 N. Quincy
Street, MS JOO-QC, Arlington, Virginia 22203. This may consist of a certified or regisleTed mail 'Return Recoi
Card" signed by tho adveno pally (43 CFR 4.40l{c)~
Except whore program-specific regulations place this decision in till! (orco and effect or provide for an
automatic stay, the decision becom<S effective upon the expiration of the time allowed for filing an appeal
unless a petition for a stay is timely filed together with a Notice of Appeal (43 CFR 4.21). If you wish to fi
a petition for a stay of the effectiveness of this decision during the lime that your appeal is being reviewed by
the Inttrior Board ofLand Appeals, the petition for a stay must accompany your Notice of Appeal (43 CFR 4.
or 43 CFR 2801.10 or 43 CFR 2881.10). A petition for a stay is required to show sufficient justification
b350d on the standards listed below. Copies of the Nolle< of Appeal and Petition for a Stay mllll also be rubmitl
to each party named in this decision and to tho lnttrior Board of Land Appeals and to the appmpriatt Office of u
Solicitor (43 CFR 4.4ll) at the same time the original docwnents are filed with this office. If you request a
stay, you have the burden of proof to demonstratt that a stay should be granted. .
Standards ror Obtalnlnc a Stay. Except as otherwise provided by law or other pertinent regulations, a
petition fo< a stay. of a decision pending appeal shall show sufficient justification hased on the following
standards: (I) the relative harm to the parties if tho stay is granted or denied, (2) the likelihood of the appellaot
success on the merits, {l) the likelihood of immediate and irreparable harm if the stay is not granted, and (4)
whether the public interut favon granting the stay.
Unless these procedures are followed, your appeal will be rubject to dimtissal (43 CFR 4.402). Bo certain that .U communications are
identified by serial number of the case being appealed.
:\OTE: A document is not filed until it is actually received in the proper office (43 CFR 4.-IOl(a)). See 43 CFR Part 4, Subpart B for general rul
relating to procedures and practice involving appeals.
(Continued on page 2)
·,,
\
----·
' I
" " ,,
//
" 'I
'
/I
/
I . , \ ' I · · ..
:; '\.\1\i\ \\<B '~·. \\, · .. -=-
!, J J ,,·~ .
\\ '' ';.:--~·','·~\,
Ii
I
I
/" ./.'>.'
.. ~ 0) ~o BOND NO. RLB0011273
PERMIT BOND
KNOW ALL BY THESE PRESENTS, That we, EnCana Oil & Gas (USA) Inc., 370 17'h Street, Suite 1700, Denver, Colorado 80202
as Principal, and the RLI Insurance Comoany , an Illinois corporation, as Surety, are held
and firmly bound unto Garfield County, Vegetation Management Department, P.O. Box 426, Rifle, CO 81650, as Obligee, in the
sum of Three Hundred Six Thousand and No/100······································································································-Dollars
( $306,000.00-----)
for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has been or is about to be granted a permit for the ConocoPhillips Pipeline Project Phase II (legal description
attached).
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall well and truly comply with
applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full
force and effect; in no event shall the liability hereunder exceed the penal sum hereof.
PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT:
1. This obligation may be canceled by the Surety by giving thirty (30) days notice in writing of its intention to do so to the Obligee,
and the Surety shall be relieved of any further liability under this Bond thirty (30) days after receipt of said notice by the
Obligee, except for defaults occurring prior thereto.
2. Any claim must be presented in writing to RLI Insurance Company to the attention of Greg E. Chilson, 8 Greenway Plaza,
Suite 400, and Houston, Texas 77046.
3. Surety shall have no obligation to the Principal, the Obligee or any other person or entity for any loss suffered by the Principal,
the Obligee or any other person or entity by reason of acts or omissions which are or could be covered by the Obligee's or the
Principal's general liability insurance, products liability insurance, completed operations insurance or any other insurance.
4. No right or action shall accrue under this Bond to or for the use or benefit of anyone other than the named Obligee.
5. The Obligee will issue a release of this Bond within a reasonable period, but in no instance longer than thirty (30) days after
termination of the Permit.
IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals thi' .~day of E.ebru8iy.
2008, the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned
representative pursuant to authority of its governing body.
EnCana Oil & Gas (USA) Inc.
Wood, Attorney-in-Fact
RLI Insurance Company
8 Greenway Plaza, Suite 400
Houston TX 77046
By~·/))/~
Principe!
Surety
Paul M. O'Sullivan, Attorney-in-Fact
Legal Description
Well Connects
018 596 to G17(B) 596 CDP
Townshin 5 South, Ran2e 96 West
Section 18: SY, SE
Section 17: SWV., NWSE, SWNE
Kl 7 596 to 018 596-G17(B) 596 CDP
Township 5 South, Range 96 West
J Section 17: NESW
H04 596 to F09(B) 596 CDP
Townshin 5 Sonth. Ran2e 96 West
Section 4: SENE, EY, SE
Section 9: NE, SENW
G21 596 to G21 596 CDP
Township 5 Sonth, Range 96 West
J Section 21: SWNE, SENW
B16 596 to F09(B) 596 CDP
Townshin 5 South, Ra.n2e 96 West
Section 16: NWNE
Section 9: EY, SW, SWNE, SENW
B16 596 to G17(A) 596 CDP
Townshin 5 South, Range 96 West
Section 16: NWNE, NW
Section 17: SY, NE
E06 596 to 107 596 CDP
Township 5 South, Range 96 West
Section 6: SY, NW, WY2 SW
Section 7: WY, NW, SENW, SY2 NE
N07 596 to 107 596 CDP
Township 5 South, Range 96 West
Section 7: SESW, WY, SE
Section 18: NENW, NWNE
G35 496 to K35 496 CDP
Township 4 South, Range 96 West
jsection 35: SWNE, NWSE, NESW
L22 496 to K22 496 CDP
Township 4 South, Range 96 West I Section 22: NY,, SW
M34 496 to K22 496 CDP
Township 4 S 6W outh, Range 9 est
Section 34: W'/2 SW, W'h NW
Section 27: W'h SW, W'/2 NW
Section 22: SW
C30 496 to D30 496 CDP
Township 4 Sonth, Range 96 West
!section 30: NENW, NWNW
M33 496 to D04 596 CDP
Township 4 South, Range 96 West
Section 33: SWSW
Township 5 South, Range 96 West
Section 4: NWNW
M21 496 to M21 496 CDP
Township 4 South, Range 96 West I Section 21: SWSW
C29 496 to N20 496 CDP
Townshi 4 South, Ran e 96 West
Section 29: NENW
Section 20: SESW
E34 496
Township 4 South, Range 96 West
!section 34: SWNW
L27 496
Township 4 South, Range 96 West I section 27: NWSW
G32 496
Township 4 South, Range 96 West
I section 32: SWNE, SENW
M32 496 to M21 496 CDP
Townshin 4 South Ran!!e 96 West
Section 32: SWSW
Section 29: SENE, SE
I
I
'Section 28: WY2NW
Section 21: SWSW
Trunk Pipelines
K35 496 CDP to A03 596 CDP
Township 4South, Range 96 West
!section 35: SW
Townshiu 5 South, Ranf!e 96 West
Section 2: NWNW (Lot 4)
Section 3: NENE (Lot I)
K22 496 CDP to Divide Rd. Trunk
T h" 4 S th R 96 W owns ID on ' anf!e est
Section 22: SW
Section 27: WY2 SW, WY,NW
Section 34: WY2 SW, NW
M21 496 CDP to Divide Ridge Trunk
T h 4S h R 96W owns ip out , anl!e est
Section 21: SWSW
Section 28: WY, NW
Section 29: SENE, SE
Section 32: NWNE, SENW, SW
Section 31: SESE
Township 5 South, Range 96 West
!section 6: NENE
D30 496 CDP to Divide Ridge Trunk
Township 4 South, Ranl!e 96 West
Section 30: WY2 NW, WY2 SW
Section 31: NW, NWSW
Township 4 South, Ranl!e 97 West
Section 25: SENE, EY,SE
Section 36: EY2NE
107 596 CDP to F09 596 CDP
Township 5 South, Range 9 6West
Section 7: SENE
Section 8: SY, NW, SY2 NE
Section 9: SY, NW
Divide Ridge Trunk
Township 4 South, Range 96W
!section 31: SW
Township 5 South, Range 96W
I section 6: NENW, NE
G21 596 CDP to G17(A)596 CDP
Township 5 S h 96W out , Ran!!e est
Section 21: SWNE, EY, NW
Section 16: SESW, W1/2 SW, SWNW
Section 17: S 1/2 NE
N20 496 CDP to M21 496 CDP-Divide Ridge
Trunk
Township 4 South, Range 96 West
Section 20: SESW
Section 29: E1/2NW, S1/2NE
CDP Sites
G17(A) 596
Township 5 South, Range 96 West I Section 1 7: SWNE
G17(B) 596
Township 5 South, Range 96 West I Section 17: SWNE
107 596
Township 5 South, Range 96 West
J Section 7: SENE
G21596
Township 5 South, Range 96 West I Section 21: SWNE
D30 496
Township 4 South, Range 96 West I section 30: NWNW
K35 496
Township 4 South, Range 96 West I section 35: NESW
K22 496
Township 4 South, Range 96 West I Section 22: NESW (Lot 5)
M21496
Township 4 South, Range 96 West I section 21: SWSW
N20 496
Township 4 Sonth, Range 96 West
I section 29: NENW
D04 596
Township 5 South, Range 96 West
I Section 4: NWNW
F09(B) 596
Township 5 South, Range 96 West
[section 9: NWNE
Contractor Yard
Township 5 South, Range 95 West
!section 19: NWNW
RLI.
Rtl Surety I A Division of RU Insurance Company
9025 North Lindbergh Dr. • Peoria, IL 61615
(309) 692-1000 or (800) 645-2402
Know All Men by These Presents:
RLB0011273
POWER OF ATTORNEY
RLI Insurance Company
That the RLI INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and authorized and licensed
to do business in all states and the District of Columbia does hereby make, constitute and appoint: PAUL M. O'SULLIVAN
in the City of HOUSTON , State of TEXAS , as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign,
execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to-wit
$306,000.00
Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law
or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees; official, bail and
surety and fidelity bonds. Indemnity in all cases where indemnity may be lawfully given; and with full power and authority to
execute consents and waivers to modify or change or extend any bond or document executed for this Company, and to compromise
and settle any and all claims or demands made or existing against said Company.
The RLI INSURANCE COMPANY further certifies that the following is a true and exact copy of a Resolution adopted by the Board of
Directors of RLI Insurance Company, and now in force to-wit:
"All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate
name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers
as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint Attorneys-in-Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney, or other obligations of
the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
(Blue shaded areas above indicate authenticity)
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its PRESIDEJ'!L_with its
corporate seal affixed this
Corporate Secretary
State of Illinois
SS
County of Peoria
On this 6 day of Feb• 2008 before me, a Notary Public, personally appeared Michael J. Stone and Jean M. Stenhenson, who being by me
duly sworn, acknowledged that they signed the above Power of Attorney as President and Corporate Secretary, respectively, of the said RLI INSURANCE
COMPANY, and acknowledged said instrument to be the voluntary act and deed of said corporation.
"OFFICIAL SEAL"
CHERIE l, MONTGOMERY
COMMISSION EXPm 02/02/08
UICS 904 (03104)