HomeMy WebLinkAbout3.0 CorrespondenceEnCana Oil & Gas (USA) Inc.
March 5, 2010
Fred Jarman
Garfield County Planning Dept.
1081h Street Suite 400
Glenwood Springs, CO 81601
)
EnCana Oil & Gas (USA) Inc. tel :(970)285-2656
2717 Cou nty Road 215
Sui te 100 fax :(970)285 -2691
Parachute, CO 81635
www.encana.com
RE : EnCana-Liberty Pipeline Gathering System (Application #PDPA-1-10-6274).
Dear Fred ,
This letter is in response to the Conditions of Approval listed in the Approval Letter dated February 23,
2010 for the Administrative Pipeline Development Plan Permit for the Liberty Pipeline Gathering System
submitted by EnCana Oil & Gas (USA) Inc. We are submitting th is 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, Noise Abatement. Additionally, a ll 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 Abateme nt. Additionally, all power
sources used in pipel ine operations will have electric motors or muffled internal co mbustion engines.
2) Pipeline operations shall be located in a manner to minimize their visual impact and disturbance of
the land su rface . Facilities shall be painted in a uniform, non-contrasting, non-reflective color, to
blend with the adjacent landscape . Right-of-way sha ll 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 shall be painted in a uniform, non -co ntrasting, non -reflective color, to blend with the
adjacent landscape. Right-of-way will be located in existing disturbed areas unless safety or v isual
concerns or other adverse surface impacts clearly dictate otherwise.
3) All oversize or overweight vehicle permits shall be obtained from the County Road & Bridge
Department prior to beginning opera tion. Any new roads or intensified driveway accesses created as
a result of the pipeline construction, intended to be permanent for maintenance and repair operations
shall be placed behind a locked gate or other barriers preventing use by r ecreational vehicles .
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.
4) All vehicles requiring an oversize/overweight permit will send a letter showing proof that they can
operate under a known bond holder on file with Garfield County Road & Bridge Department before a
permit will be issued.
All vehicles 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 (G/S) 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 Quality 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 with all applicable Federal and State Public Health and Environment,
Noise, and Air and Water Quality Control standards.
All operations will comply with all applicable Federal and State Public Health and Environment, Noise,
and Air and Water Quality Control standards
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 will 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 re vegetation and weed
management requirements in the original application.
Should a pipeline be removed EnCana will follow the original revegetation and weed management
requirements in the original application.
11) That the Applicant satisfy the comments from the County Vegetation Manager as follows:
a) The submitted noxious weed map and narrative refers to the NPR weed inventory in general
terms. Specific GPS points for weed locations are not provided. It is likely that the applicant will
need to start construction prior to the growing season. Prior to the issuance of the Land Use
Change Permit for this pipeline project, the Applicant shall prepare an "In-season Mapping
Program" to the approval of the County Vegetation manager for the entire length of the borders
of the pipeline area. This plan shall pay particular attention to spotted knapweed, diffuse
knapweed and yellow toadflax. This plan shall be tendered to the County Building & Planning
Department prior to the issuance of a Land Use Change Permit.
EnCana has prepared an "In-season Mapping Program" for the borders of entire pipeline system and
it is provided in Attachment A.
I
b) The applicant shall creat all inventoried noxious weeds adjacent to the project area prior to
revegetation actiVities using the information of the weed locations provided by the mapping that
will be done during the growing season. Please forward a copy of the application records to
Garfield County Vegetation Management.
EnCana will treat all inventoried noxious weeds adjacent to the project area prior to revegetation activities
using the information of the weed locations provided by the mapping that will be done during the growing
season. A copy of the application records will be submitted to Garfield County Vegetation Management
c) Prior to delivery to the site, all equipment shall be cleaned of soils remaining from previous
construction sites which may be contaminated with noxious weeds and ensure that vehicles and
equipment are free of soil and debris that are capable of transporting noxious weed seeds, roots
or rhizomes.
Prior to delivery to the site, all equipment and vehicles will be cleaned of soils remaining from previous
construction sites.
d) The applicant has quantified the surface are to be disturbed as 87 acres. A security in the
amount of $217,500 (87 x $2500) shall be tendered to the Garfield County Building & Planning
Department prior to the issuance of the Land Use Change Permit. This security shall be held by
Garfield County until vegetation has been successfully reestablished according to the
Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility
of the applicant to contact the County, upon successful revegetation establishment, to request
an inspection for security release consideration.
EnCana has obtained a revegetation security in the amount of $217,500. A copy of the revegetation
security is provided in Attachment B. EnCana will notify the County Vegetation Manager upon successful
revegetation establishment to request an inspection for security release consideration.
e) Regarding vegetation, the applicant shall provide the Vegetation Management Department with
the original seed tags from each seed bag. The seed mix in the Plan shall match the seed mix
used in the field. Do not use a seed mix containing yellow sweet clover (Melilotus offcinalis) or
annual yellow sweetclover (M. indicus).
EnCana will provide the original seed tags from each seed bag. The seed mix provided in the application
will be used and the mix will not contain yellow sweet clover (Melilotus offcinalis) or annual yellow
sweetclover (M. indicus).
f) Any straw or hay bales used in erosion control shall be certified weed free.
Any straw or hay bales used in erosion control will be certified weed free.
12) Construction time Prohibitions due to wildlife: The Westwater report in the application states that
there are occupied Cooper's Hawk, Red-tailed Hawk, and Long-eared Owl nests found within 0.33
miles of the route. This report also recommends a prohibition on construction activity close to these
nests during the following time periods:
Soecies Buffer Zone Seasonal Restrictions
Cooper's Hawk 0.25 mile 1 April-15 August
Long -Eared Owl 0.25 mile 1 March-15 Julv
Red-Tailed Hawk 0.33 mile 15 February-15 July
The Applicant shall prepare a Raptor Mitigation Plan to be reviewed and approved by the CDOW and
tendered to the County Building and Planning Department prior to the issuance of a Land Use Change
Permit.
The Liberty Pipeline Gathering System is part of a Wildlife Mitigation Plan (WMP) between DOW and
EnCana signed in September of 2009. This WMP satisfies the consultation requirements of COGCC rule
306.c and includes mitigation provisions for operations in proximity to raptor nests.
I I
13) This conditional approval covers the pipelines and compressor station. ft does not include approval of
the "Central Delivery Point" facility. That facility requires a separate review application by Garfield
County in a Limited Impact Review application for "Compressor I Pipeline Pump Station not subject to
Article IX Review" as required by the County Unified Land Use Resolution of 2008, as amended.
EnCana will submit a Limited Impact Review application for the Central Delivery Point.
I appreciate your time in this matter and look forward to the issuance of the Land Use Change Permit for
this pipeline project. Please do not hesitate to contact me if you need additional information or have any
questions
Sincerely,
~
Permit and Right-of-Way Coordinator
EnCana Oil & Gas (USA) Inc.
Attachment A
In-season Mapping Program
EnCana Liberty Pipeline
Noxious Weed Treatment and Mapping Plan
Weed Inventory. Monitoring & Treatment Process
EnCana will employ commercial pesticide applicators to inventory, monitor, control and reduce the spread of
noxious and invasive weed species within EnCana's disturbance, as determined in the Colorado Noxious Weed
Act, the Rules Pertaining to the Administration and Enforcement of the Colorado Noxious Weed Act, and the
Garfield County Noxious Weed Management Plan. During active construction of the pipeline, commercial pesticide
applicators will only enter the site to complete these tasks, when and where safety and navigation is practical.
Following the completed construction and reclamation of the Liberty Pipeline, EnCana will continue to employ
commercial pesticide applicators to take inventory, monitor and treat the entire site for noxious weeds. Target
weeds found on the reclaimed disturbance of the right-of-way and/or within 15 feet of each side of the right-of-way
will be treated with herbicides and the GIS coordinates of the infestation will be reported to EnCana's Weed
Specialist, along with the application records associated with that specific infestation. These records will be
compiled and saved in EnCana's Weed Database and a copy will be provided to the Garfield County Vegetation
Manager.
Target Weeds
All Colorado state listed weeds will be monitored. A list of weeds known to this area is included below. All of these
species have been targeted for control over past years. Commercial pesticide applicators will be particularly
attentive for species within this list as well as spotted knapweed, diffuse knapweed and yellow toadflax:
• houndstongue
• musk thistle
• common mullein
• bull thistle
• Canada thistle
• leafy spurge
• hoary cress
• common burdock
EnCana will also employ commercial pesticide applicators to treat infestations of non-listed weeds, where EnCana
personnel deem that the weeds occur in excess and pose the risk of negatively impacting visibility, fire safety and/or
revegetation efforts.
Timing and Frequency of Applications
In 2010, commercial pesticide applicators will monitor and treat the site at three separate times. These
monitoring/treatment site visits will take place in the early growing season, mid growing season, and end of growing
season. Growing seasons are variable and inevitably impacted by site-specific weather and climatic conditions;
however, these visits will tentative take place within the following time frames, respectively: late-March/ mid-April,
mid-May/ early-June, mid-August/ early-September.
Inventory, monitoring and treatment schedules will be re-evaluated on an annual basis, based upon the infestations
discovered in the previous year.
Attachment B
Revegetation Security Bond
PERMIT BOND
(License or Permit -Continuous)
Travelers Casualty and Surety Company of America
One Tower Square 3PB, Hartford, CT 06183
Bond No. 105300309 ...
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, EnCana Oil & Gas (USA) Inc. , as Principal, and Travelers Casualty and Surety
Company of America , a corporation duly incorporated under I he laws of the State of Connecticut
and authorized to do business in the State of Colorado, as Surety, are held and firmly bound unto
Garfield County, Board of County Commissioners, as Obligee, in the penal sum of Two Hundred
Seventeen Thousand Five Hundred and No/100 ($217,500.00) Dollars, for the payment of which we
hereby bind ourselves, our heirs, executors and adminis trators, jointly and severally, firmly by these
presents.
WHEREAS, the Princioal has obtained or is about to obtain a license or permit for
Liberty Pipeline Gathering SyMem, Acreage: 87.7, Located in Garfield County, CO. Legal Desc. F25 496 to J25 496 CDP
SE,NW and SW,NE and NW,SE of Section 25, T4S, R96W M30 495 to 836 496 tie-in SW,SW Section 30 T4S, R 95W SE,
SE of Section 25 T4S, R96W 836 496 to J25 496 CDP N1/2, NE of Section 36 SE,SE and N1/2,SE of Section 25, T4S, R96W
D36 496 to J25 496 CDP NE, NW of Section 36 T4S, R96W E1/2,SWand NW,SE of Section 25 T4S, R96W J25 CDP to Tie in
point (Liberty Trunk Line) NW,SE and SW,NE and S1/2,NW and NW.SW of Section 25, T4S, R96W N1/2,SE and NE,SW and
S1/2,SWof Section 26, T4S, R96WW1/2,NWof Section 35, T4S, R96W SE.NE and Wl/2,SE and SW,SE of Section 34, T4S,
R96W NW,NE of Section 3, T5S, R 96W J25 CDP to the J25 Frac Pit NW.SE of Section 25, T4S, R96W J25 Frac Pit to 836 496
tee NW,SE and 51/2,SE of Section 25, T4S, R96W Staging Area NW,SE of Section 25, T4S, R96W .-.:
NOW, THEREFORE, THE CONDITIONS OF THIS OB LIGATION ARE SUCH, that ifthe Principal
shall faithfully perform all duties and protect said Obligee from any damage caused by the Principal's
non-compliance with or breach of any laws, statutes, ordinances, rule s or regulations, pertaining lo
the license or permit issued, then this obligation shall be null and void; otherwise to remain in full
force and effect.
This bond shall become effective on the 26th day of February, 2010.
PROVIDED, that regardless of the number of years this bond is in force, the Surety shall not be liable
hereunder for a larger amount, in the aggregate, than the penal sum listed above.
PROVIDED FURTHER, that the Surety may terminate its liability hereunder as to future acts of the
Principal at any time by giving thirty (30) days written notice of such termination to the Obligee.
SIGNED, SEALED AND DATED this 26th day of February, 2010.
Company of
S-2151A (02-00)
WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER ,.,,.,.. POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Attorney-In Fact No. 219916
St. Paul J\Iercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. Q Q 314 Q 1 7 5
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Fannington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the Jaws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Teresa D. Kelly, Dan W. Burton, Benjamin D. Wilcox, and Candace D. Bosheers
of the City of H , State of Texas , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the perfonnance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
21st
IN WITNESS \VHEREOF, the ComQanies have caused this instrument to be signed and their corporate seals to be hereto affixed, this -----------
day of July ,2009 .
State of Connecticut
City of Hartford ss.
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
~ ~
By:
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
On this the 21 st day of July 2009 , before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authoriz~ officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
58440-4-09 Printed in U.S.A.
'«\ w c . j%o.to.tt.9-t
\::Marie C. Tetreault, Notary Public
WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by th hority of the following resolutions adopted by the Boards irectors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Con1pany, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned,Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies thisrJ_{J/~ of .v~.. , 2/ Q
~ O'
Kori M. Johans
e ® ~fu ,.--~ 9 f) a~~ .. ~.~.~~~~.,,r> ... toRP!IR~r'•,:r,. o• ' ~9~~ ;;{ -e-ig ,·~0RP!llt11r,i\'"\ • (3\si.iL)gI : HARTFORD, -< ..o\SEALJ~ ; CONN. /} ?~·:·-....... -~~~/ ~ 2f:9 I
j; .... ~ ... ~~~..r." ... 'i-... ~i' -~ J!,~.!~· ··-• >
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.con1. Please refer to the Attorney-In-Fact number, the
above-named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
ENCANA OIL & GAS (USA) INC.
WILDLIFE MITIGATION PLAN
NORTH PARACHUTE RANCH
)
EnCana Oil & Gao; (USA) Inc. (EnCana) and the Colorado Division of Wildlife (CDOW) agree to the
attached Wildlife Mitigation Plan (WMP) fo£ EnCana's proposed oil and ga.~ opcmtions on EnCnnn's
North P..uaclru1e Ranch (NPR) property. The purposes of this WMP are to identify best practices for
nall8'81 gas development on the NPR to protect wildlife and to document that consultation on wildlife
issues has occwred. EnCana agrees to implement ond otherwise c::onfonn its opcmtions to the tcnns and
conditions of this WMP as modified by agreement of the parties. This WMP does not apply to the
operations of other oil rutd gas companies on the NPR; however~ certain of these companies are required
to adhere to EtiCana's environmental stewardship standards. En.Oma will provide this WMP lo
contrac~ engaged in EnCana,s operations on the NPR.
CDO\V acknowledges that it has c.onsulted with EnCana regarding proposed oil and gas operations in
areas ofSemitive Wildlife Habitat (SWH) and in Restricted Surface Oa:upancy (RSO) areas within the
NPR. and agrees that the best practices are incorporated into this WMP. Accordingly, within five days
of eloc.tronic notice of the posting of a F onn 2A on the Colorado Oil and Gas Conservation Commission
(COGCC) websit~ the CDOW shaJl inform the COGCC in writing that the COOW waives consultation
on the Form 2A. lf the form 2A includes a RSO area, the infonnation submitted to the COGCC by the
CDOW shall state that operations within the RSO are exempted punuant to Rule 1205 .a.(4). If the
information is not provided to the COGCC within five days of po.sting of the Form 2A, the CDOW sh.all
be deemed to have waived consultation.
The condition.~ of approval (CO~) listed in Appendix B shall be attached to all Forms 2A submitted to
the COC.CC by EnCana for oil and gas locations covered by thi-; WMP.
The COOCC has authority over EnCana's operations on the NPR. If EnCana is not in material
complianc:c with this WMP, then Fonn.1 2A filed by EnCan.-. will lie sul~a;t to die consullalion
requimnents of Rule 306.c in accordance with such rule.
The parties agree Chat the terms and conditions of tbjs WMP shall inure to the benefit of and he binding
upon the parties hereto and lhe parties' respective imccessors and a-;signs. No party may assign its 1ights
or obligations under this WMP without the express written cOOS4.....U of the olher party and such consent
may not be unceasonably withheld.
This \VMP may be modified by agreement of both COOW and EnCana. Any such modification of this
WMP .sftall not be eftecJive unless agreed to in writing by the parties i n an approved Record of
Modification (see Appendix F). ln additio~ this WMP is subject to such modifications as may be
required by changes in l'edemJ or State law, or their impremcnting regulations. Any such required
modification wU aulomatic.ally he incorpor.ued into and be part of this \VMP on the eftective date of
such change as if fully set forth herein and the parties agree t.o take al l act ions necessary to comply with
the changes to Federal or Seate law, or their implementing regulations.
The t.enn of this WMP expires on th.e date indicated below. Either party may terminate its agreement to
this WMP upon 30 days '\\'Titten norice to lhe other party. Upon expiration of the 30 days, all future
obligations o f the parties under this WMP are terminated . Ho\\'CVer. and notwithstanding such
terminatioo, the parties remain obligated and arc required to oontinue to comply with the terms and
) )
cond itions of this WMP for opcmlioos Q>nductcd pursuant to an approved Fonn 2A or associated permit
that was approved during the effi:aivc period of lhis WMP.
(tis expressly understood and agreed by the parties that, except for rights of enforcement by the
COGCC set forth above, nothlng in this WMP shall give or aUaw any claim or right of action by any
other thi.Id party.
11Qe wai vcr of any bn~ach of a ta.Ul or couditiou of 1his WMP by a part)' shall not be wusllut:tl or
deemed a wai~ of any subsequent breach of a term or condition, nor shall it impact in any way 1he
rights of enforcement by the COOCC.
This WMP is the complete integration of all understandings between the: parties. No priOI' or
contemporaneous additioo. deletion. or any other amendment thereto sh.all have ony force or effect
lut&css embodied h\.'1'Cin in wtiting.
The signatories hereto warrant lhat they possess the legal authority to cuter into this WMP and that they
have taken alJ actions required by the respn1ivr: parties' procedures., by-laws or applicable law to
exetcise that authority, and to lawfully autMril!e the undersigned signatory to execute this WMP and
bind the party to its terms and cooditioos.. lhe persons executing this WMP on behalf o£1he parties
warrant that such person have full authorization to c.JlCCute this WMP.
F.nCana Oil & Gas (USA) Inc.
'
By
/)_l ;.iv_
Oarrin: Henke r..nl~
Vice President South Rock~ ~ ·~y
C'..olor~ Division of Wildli fo
Hy 1?un. {') o;&l,lrd
Ron Vcbrdc. NW Regional Mamgcc
Effccti~-e Date:
Expircltion Oare:
--}1 ' ...... .
Date
) )
WILDLIFE MITIGATION PLAN FOR THE NORTH PARACHUTE RANCH
I. Introduction
This Wildlife Mitigation Plan (\VMP) was deveJope<l in consultation wilh the Colorado Division of
Wildlife (CDOW) for the North Pamclmte Ranch (NPR). This WMP satisfies the consultation
requirement of Rule 1202 for new and reoccupied oil and gas locations within Sensitive Wildlife Habitat
(SWH) and Resttictcd Surfuce Occupancy (RSO) areas. The general operating requirements in Rule
1203 are incorporaeed b}' reference into this WMP. For purposes of presenting lite applicable wildlife
practices, the NPR is described in four Subgroups based on topography, habilat, and existing surface use
aguxments with 1hinl partie'>: Old Mountain, Norlhwesl NP~ East and Central Girls' Claims, and
Canyons (.see Appendix C. Figure 1).
EnCana Oil & Gas (USA) Inc. (EnCana) and CDOW will review this WMP annually. However,
discussions of development activity or changes in species and habitats conside:rOO in this WMP may
occur prior to or during the annual review. Rcx:ords related to reclamation, weed oontrol, on-site
biological report~ and wildlife matrix forms, biological and pre-construction surveys, and grazing
management will be made available by EnCana for review by CDOW during the annual WMP meeting
with CDOW. However, EnCana will not relinquish to CDO\V or Coloradu Qj] and Oas Cou.~cvation
(A>mmission (COC.CC) any data or report related to the NPR that is not public informatioa En(.'.ana
will contract with a third-party to audit EnCana's operations pursuant to this WMP for the prior two-
year period, starting from the effective Jateof thi-i \VMP, and will provide the audit ~ulls lo CDOW
during the annual review.
IL Developme•i P .. n to Proted Wild.Jjfc
A_ Development Activity
Projection of EnCana~s fbture development on the NPR is based on a combination of 40-acre, 20-acre,
and 10-acre down-hole spacing and well density. Tite map included in Appendix A depict~ EnCana 's
proposed developmcnt for the term of this WMP and certain of EnCana's operations (i e., well pads,
f.-.cilities, roads, and pipelines) on the NPR to date. EnCana will ct>nsull with CDOW regarding any
changes to ilo; proposed de\-elopment(i.e., drilling operations, facilities, road.c;, and pipelines) depicted in
Appendix A that would affect. RSO or SWH areas. lhis WMP includes 18 new well pads, 23 reoccupied
\\~II pads, and I compl\.":\.'fOI' station (st.>~ Figure l ).
For the duration of this WMP, EnCana will place a priority on con.dm~ting its drilling operation in the
NPR from existing pads rdlher than from newly COJL"tructed pads. In addition, during the winter months
(Le., from January 1 through.April 15) EnCana will endeavor to geographically consolidate the location
of its drilling rig.i; within the C.anyons Subgroup.
The North"'CSt NPR Subgroup is divided into six regions for which the development pattern will be
based on temporal restrictions. due to the sensitivity of the habitat A detailed description of the
development plan for1his Subgroup is in Section IV of this \VMP.
The Old Mountain Subgroup is d ivided inlo the following lhree Subunits (see Appendix C, Figure l)
based on habitat I) North Old Mountain (as divided by Gnuilee Gulch/Rulison Gulch); 2) Sauth Old
Mountain; and 3) Long Ridge. EnCana will develop South Old MolDltaio and North Old Moun1ain in a
:rt1agcd manner Jrom suutlt fU nollh.
If EnCana wishc.s to opaatc:: mocc than twenty drilling ligs at one time jn tJ..e NPR, EnC'.aua will l;Umull
wilhCDOW.
) )
B. !Development Practices
The following technologies and practices will be u.'ie<I by EnCana in all Subgroups where appropriate
crnd reasible, as detennined by EnCana, to minimi:re impacts to SWH and RSO areas during
devclopmt!nt.
I. Three-phase gathering systems to reduce footprint remaining during production phase, eliminate
traffic, and reduce venting and potential spills.
2. Remote well control and monitoring to reduce traffic and increase emergency response
efficiency.
3. Solar panel'i as an oltcmatc energy source f0t on-location pn."Kludion equipment.
4. New directional drilling technology, such os Ionga renches,, shorter total depth times, and natural
gas powered-rigs, wherever economically and technically feasible.
5. Simultaneous drilling and completions activities to shorten the disturbance time necessary to
drill, complete, and bring the pad to production.
6. ()reen compJetions to redoce venting of natural ga~ to atmosphere during new well complctions.
1 . Secondary spill containment for lrucks, tanks~ pumps and other equipment on all active
completions operations: (portable containment, notan earth~"Orlc. berm).
8. Temporary surfac.e water delivery lines to reduce truck traffic.
9. Remote frac-ing to reduce the size of pad needed .t'Or simultaneous opemtions .
10. Average minimal well pad surf.'1Ce disturbance of 0.5 acres or fewer per weJJ (well pad
di.'){uroonce does not include associated pipelines., 3l'.Cess roods, or facilities) wherever possible.
11. Electric power at existing and future compressor stations to reduce emissions.
12. Appropriate fencing and netting on temporary tluid pits for the purpose of excluding wildlifo,
and treatment of fresh water ~1orage pits with biological mosquito controls (from June through
Seprember) when water quality may allow propagation of mosquitoes.
13. Pipeline Construction
a. Gathering line placement adjacent to roads wben:ver possible, unles.") the existing mad is
adjacent to watenvays.
b. Multiple gathering lines placed in a single trench to minimize di.c;turbance and constructi.on
times for multiple lines.
c. Trench plugs (sloped to allow wildlife O£ live.stock f(> exit the trench should they enter) at
known wildlife or livestock trail-; to allow safe crossing on long spanc; of open trench.
d~ Pipelines instaJJed at right angles to the drainages, wetlands, and perennial ·water bodies.
e. F.quipment bridges for pipeline construction made from either clean rock and fl lune pipes or
timbec equipment mats with flume pipes.
f. Horizontal directional drill techniques at pcl'CDllial ~'alcr bodies and wetland oomplexcs.
g. In-stream construction activity limited to 24 -bours for wntec bodies less than ten f~'t wide
and to 48-hours for water-bodies greater than t.co t«t ~ide at locations where horizontal
boring is not feasible.
h.. A minimwn of five feet of soil cover maintained bd.\~feen the pipeline and the lowest point of
the drainage or water bod)· channel.
)
1. Refueling equipment will not he inst;ille cl or handled within I 00 feet of a draina ge, stn~am , or
wetland during pipeline construction.
14. Road and Pad Construction
a . Existing roads used in lieu of new construction wherever f easiblc.
b. Toe berms of adequate size on all fill slopes facing and or adjacent to potential water to
contain uny erosion from the fill slope.
c. Storm water perimeter oontrol(s) on all new facility construction adequate to contain a 100-
year stom1 event.
d . Topsoil windrows on all new facility constrnclion for perimeter control to divert to terminal
discharge points.
c. Hydraulic erosion control mulch or armoring on all exterior slopes adjacent to waterwdys.
[ All access roads and fucililies other than well pads seeded in a timely manner a Iler
construction ha.c; been completed and seeding of all topsoil on pad constmction.
g _ Reclamation plans will he in place prim to constmc1ion of well pads .
IH.Enviroomental and Wildlife Best Management Pra~•k~ and Micigaclon for AH Subgroups
A &~1 Management Practices foi Phases of Construction
EnCana will follow the best management practices described below for EnCana operations on the
NPR.
I . Perform biological site surveys (on-site) for each new development, using the most recent data
sets for wildlife and aquatic resources (the report format is based upon Federal on-site surveys).
2. Pcrfom1 pre-disturbance surveys when the on-site inspection and commencement of disturh0nce
occur in different field seao;:ons (e.g., new raptor nei.1s), using the most recent data set~ for
wildlifo and aquatic resources_
3. Utilize the Wildlife Resources Matrix (Appendix 0) and EnCana's wildlife re.sources database
and maps to identify and dOClOJlent (where appropriate) potential impact-; or concerns during the
project plruming phase for proposed drilling operations and construction of roads, pads anJ.
pipelines. The Wildlife Resources Matrix reflect<> a prioritiz.ation of species habitat selbitivity as
agreed upon by CDO\V and EnCana
4. Follow the North Parachute Ranch Integrated Vegetation Management Guidance (2009)
(Appendix E) a~ a guidance for interim and final reclamation pr..tetic.es, including identifying
appropriate seed mix.es and inva.'iivc weed control measures. Selection of seed mixc..c; will be
base.d upon the type of ecosystem affected. hnplemcnration of the North Parachute Ranch
Integrated \I cgetatit1n ~tanagement Guidance will be documented on Form 4 (Sundry Notice for
Reclamation).
B. Best Management Practices for Operations
EnC:.'.ana will follow the best management practices described below during operations on the NPR.
I. Manage all grazing lease ag.n.-emcnt:s for the NPR under a consistent monitoring program to
ensure livc:stock utilimion does not negatively impact other natural resources. Monitoring will
include fence inspections, periodic range checks for trespass cattle or unexpected i.~ues, and
grazing utilization b-askets to determine percentage of tL'ic w that livestock may be timely
removed from an area. E xisting and ne w lease agreements include provisions to: l) limit animal
)
tmit months; 2) prevent overgrazing; 3) apply the grmng standards of the BLM for public
domain; 4) manage the use of salt blocks to protect vegetation; 5) conduct spraying <>perations
consistent with good nmge management practices as employed and recommended in the area ;
and 6) utilize sound animal management practices. EnCana will develop a long term grazing
management guideline for the NPR within two years of the effective date of this \VMP. The
grazing management guideline wilt include grazing lease defemlls as a hahitat protection
s1rategy.
2. Prohibit EnCana employees and contractors from carrying projectile weapons (including bows)
on EnCana property, except during company-organin':d event'>.
3. Prohibit pets on EnCana prop~1ty .
4. Strategically apply fugitive <ltL'5t control measures on the NPR to reduce coating of vegetation
and deposition in water sources_, including enforcing established ~-peed limil<> on private EnCana
road<;.
5. Use tempornry living quarters, where feasible, to reduce the amotmt of traffic to and from
drilling and completion locations.
6. Dedicate at least one full-time E nCana employee for o~·crsigbt of the application of the
environmental consideration'> in thi~ \VMP starting in 2010.
7. In the We~1 Fork Resource Area , as depicted in Appendix C, Figure 2, restrict residential and
commercial development during the period of oil and gas development and production.
C. Studies, Best Management Pmctices, and Mitigation t"Or Aquatic Resources in th.e NPR
l. Studies and Sampling
EnCana will continue the studies and sampling efforts described below on the NPR.
a . Biannual macro-inveltcbrate sampling.
b. Water sampling to monitor for changes in water quality. Sampling will occur q _uarterly at
low elevations and biannually at higher elevations. Existing and new wat:er sampling data
will be maintained by EnCana and the US Geological Survey (USGS).
c. Continue to cooperate with CDOW to allow fish sampling, taking into consideration safety
and operational concerns.
2 . Best Management Practices and Mitigation
En.Cana will implement the following best mana gement pr.ictic...-s and mitigation measures for
EnCana's operation-; on the NPR.
a . C.ooduct operations consistent with the Ma-,ter St.onnwater Management Plan (SWMP) for
the North Parachute Ranch Pem1it # COR-()37689, revised May 2008, which will continue to
he implemented and updated in accordance with applicable state regula tions.
b. Use two or more storm water best management practices to con1ml sediment nmoff and
control or oontain any potential spills, wherever s urface disturbance must occur within a
riparian habitat, as definro by the presence of riparian associated vegetation.
c. Rclucale Lemporn.ry travel routes necessary fo r development (such a'> secondary access
routes) and long-tenn travel routes. wherever fca-,ible,. away from riparian habitat (as defined
by vegetation) at the time of interim reclamation.
d. Maintain spill ~JlOnse kits at strategic locations adjacent 1o riparian areas .
)
e. Use engineering controls at all water draw point-> from Parachute Creek (i.e., overhead
loading, one-way valves, install stationary draw h-Oses with screened intakes) to prevent
contamination of the Parachute Creek drai(l3',.ie.
f. Inspe-ct all equipment that will contact a st~ spring or water body for cleanliness before
commencing work to prevent the spread of disease, aquatic para'>ites, and invasive species.
If hc-dvy equipment arrives from olTsite, ensure that the owner/operation provides EnCana
with documentation that the equipment \.\"aS cleaned in accordance with one of the following
CDO\V standards:
I) Remove mud and debris from equipment and wet the equipment for a minimum of ten
minutes wjtl1 a s.>lution wnlain.ing: dialkyl dimethyl ammoniwn chloride (5-10% by
weight),. alkyl mmelhyl benzyl ammonium chloride (5-100/0 by weight)~ nonyl phenol
ethoxylate (5-10% by weight), sodium sesquicarbonate (1-5%), ethyl alcohol (1-5%), and
tetra"iOdiwn ethylene diaminetdrctaeetate (l-5%), and wd.ler, or
2) Remove mud and debris from equipment and wc:t the equipment for a minimwn of ten
minute.-, with water at a temperalw'e greater than 140° F.
D. Best Management Practices , Studies and Mitigation for Wildlife in the NPR
EnCana will implement the following best management practices, studies and other mitigation
efforts t.o minimize impacts ofEnCana's operations to wildlife on the NPR.
l. Black Bear
a. Conduct regular contractor and employee training with respect to wildlifo awareness.
b . Reinfocce training at worksite tailgate meeting.'), monthly safety meetings, and the
Environmental Health and Safety (EHS) har.ml identification program. and through the use
of signs.
c . Use enclosed, locking garha!,ie receptacles or implement a strict daily trash removal regime
un each. temporary or permanent work location.
2. Mule Deer and American Elle
a. Avoid distumance of big game production areas and winter range wherever possible; but thi s
wiJl be a secondary consideration to preserving sage grouse habitat .
b. Prior to con:!ltruction of new surface structures within five primary migratory corridors
(Appendix C. Figure 3) EnCana will consult with CDOW consistent with the Wildlife
Resources Matrix in Appendix 0 .
c . Only essential traffic wiJl be permi~ f.t> access sites throughout the NPR where no active
operation~ are occurring.
J. Raptors
a. Conduct annual surveys for occupied nests and unoccupied nests.
b. Apply the disturbance buffers tqlfCSCl'lted in Appenmx D prior to commencing new
com>tmctioo and drilling or completion operations ne.1r occupied nests.
c. Schedule the commencement of d~tbance for the time of year out~ide of aYerage breeding
seasons for the species of concern. if 1he duration of operations on a location prevents
sea.wnal avoidance (e.g., during drilling and completion operations that. exceed 12 months
per location).
)
IV. Northwest NPR Specif11e Eavironrnental and Wildlife Best Management IPractaca
The below practi~ apply to EnCana's operations in the Northwest NPR Subgroup. These res trictions
do not apply to the operations of ConocoPhillips (CoP), but CoP is required to cooperate with EnCana in
its compliance with environmental requirements on the NPR_
EnCana will follow the fi.lllowing practices for EnCana operations on the Northwe..~t NPR Subgroup.
A . Aquatic Resom~es
1. Install engineering controls (one-way valves, installed draw hoses with screened intakes,
overhead loading, and loading from tanks) on all water draw points frC)m Parachute Creek to
pre vent contamination of the Pnrnchute Creek.
2. Use two or more stonn water best management practices to control sediment runoff nod
control/contain any poteotiaJ spills, wherever surface disturbance occurs within the topographical
watershed feeding into occupied and potential Colorado River Cutthroat Habitat in the West
Fork of Parachute Creek. This enc-0mpasses disturbance in the Northw-est NPR Subtmit s outh of
Divide Rood.
B. Greater Sage Grous e
1. Continue to provide acce~ to CDOW resean;h personnel for ongoing sage grouse population
research.
2 . Install raptor pereh deterrents on cross am1s of power poles and other documented ra:ptor
perches. s uch as radio towers where bird<> are noted perching. Monitor a ll strucCures exc eeding
six fee l in height for the presence of perching raptors or ravens. Perch deterr.enl'i need not be
installed if they pose a safety issue (e.g., on the handrails of a tank battery).
3 . Development Pattern
a. DcfinitiolL<; ofTerms
1) "(,"ritical Habitat Sca.10n" means the time period from approximately April 15d• to AugtL'>l
I 'It each yeac.
2) "Development Area" means one of the six regions within the Northwest NPR Subgroup.
F.ach such Development Arca is outlined in Appendix. C, Figwc 4, and the Development
Amis are named "Double Wilfow Unit," "Bnmcs Ridge," "Story Gulch,"' "North
Cenhal," "Central,"' and .. Red. Point." A portion of the Development Areas incorporates
E~na lease acreage outside the boundary of this WMP to allow O.ex.ibility in
development planning. The Development Patte rn section o f this \VMP (Section IV .D.3)
is the only portion of this WMP that applies to the additional ami~ outside the property
lioondary of lhe NPR.
3) '"New Di.o;turbance" means any new activity that w:iJJ cause o r leave a long tcnn and
noticeable change to the Jand.;upc., specifically construction of access roods, gathering
facilities and pipelines, and any drilling or completion activities.
4) "No Di~llllbance" includes, but i~ not limited to, noise. lights, vehicle tiaffic and N ew
Disturbance.
5 ) "Vacated Period.,·' means that period of time spanning a minimum of two, and prcforably
three~ full sage-gmu..-.e Critic~( Habitat &-ason.c; during '"-hich Ne.w Disturbance will not
be conducted.
b. EnCana will schedule New Disturbance activity by EnCana within Development Area') on
the Northwest NPR as described below.
l) New Di:slurbcmce will be concentrated within a Development A~ and preferably
confined to a ridgeline, to reduce the durcltion of development activity within such
Development Area to the extent practicable. No new disturbance activities will occrn
within a Development Area during more than three consecutive Critical Habitat Seasons
between Vacated Periods.
2) Recwmable efforts will be used to organize transportation and access routes that
minimize traffic volumes and avoid suitable sagebrush habitats to the greatest extent
practicable.
3) Upon completion of all New Disturbance \\ithin a particular Development Area, such
Development Area will be left undisturbed for the Vacated Period. The restriction on
disturbance includes any opportunity for increased mineral access or well density which
may occur during such Vacated Period.
4) After th.e Vacated Period ba'i ended with «.SpCCt to a particular Development A~ New
Disturbance m.'ly resume for a maximum of three consecutive Critical Habitat Seasons,
foJlowed by the next Vacated Period.
c. EnCana will implement the following practices in the Northwest NPR Subgroup:
l) Apply a 0.6 mile radius No Disturbance buffer around active leks sites (documented
activity in the last five years) from 5:00 AM t,., 9:00 AM, March 151h through May 15th.
Where practicable, traffic and other di~turbances will be restricted after sunset when sage
grouse are congregating around the lek until 9:00 AM the following morning when birds
depart the Jek.
2) Apply a RSO 0 .6 mile radius buffes to active le.Jc. sites (documented activity in the la.:;t
five years) at all times. Apply the RSO buffer to all forms of New Di~1urbance that
would alter the vegetative stmcture or topography or would result in the addition of
surface structures. BLM will be notified on any New Disturbance within the. RSO buffer.
3) Site new disturbance so a" to use topographic features to shield lelcs from ne w
distmbance whenever feasible.
4) Restrict well site visitation in ocCllpied habitat to between lhe hours of9:00 AM and 4 :00
PM during lek:king season (March l51
• to May 15t1t).
5) Schedule cmss-country pipeline conslructiun and installation (not including lines along
roads) outside of the Critical Habitat Season.
6) Restrict New Dio;turbance within nesting and brood-rearing habitat (occupied habitat as
mapped by EnC'..ana until more concise mapping is available) as much as possible from
April lS"' to July l\t.
7) Use interim recJomation to redevelop, as quickly as possible, ground cover that provides
for secure ground movements of sage grouse and is an effective precursor to the
reestablishment of appropriate sagebrush cover. Detailed guidelines and practices for
interim and .final rcclrunntion arc outlined in EnCana's North Parachute Ranch Jntegratcd
Vegetation Management Guidance (Appendix E).
) ) ..
8) Reseed disturbances exceeding 15 feet in width in mapped occupied sage grouse habitat
with local sage brush seed, where lopography and weather condition..'i allow safe ~cess to
do so.
d. The following are approved exceptions to the above described schedules and practices:-:
l) Each oonstmction activity listed below is recognized and approved as a project that may
occur during the Vacated Period within a Development Area, as long~ lhe activities are
scheduled outside of the Critical Habit.al ~1sun:
-EnCana Southern Pipeline Loop, and
-EnCana Story Gulch Compressor Station ..
2) Well maintenance within a Development Area during the Vncated Period will not be
considered. New Disturbance., but will be minimized to the extent practicable during the
Critical Habitat Season.. EnCana will give the CDO\V, and the BLM if applicable, notice
of well maintemmce 311d will maintain records of these operations.
3) Re!i.-ponse to emagt.mcics (an immediate threat to life, property, or the emrironment)
within a De~-elopment Arca during the Vacated Period will not be considered New
L>isturbance and will be permitted without timing limitations.. EnCana will notify the
CDOW~ and the BLM if applicable, and will maintain records of these operations.
4) Tr.:inspor1atioo of pt>.rsonnel or equipment across a Development Area during the Vacated
Period to access active constructi.on activity or pad locations in other Development Areas
shall be allowed if vehicles use main roads only (i.e., Divide Ro~ Sprague Gulch,
Colony, Southern Acc.~ess to Red Point). Vehide access to development operations will
be scheduled so as to minimize the ex.tent of habitat inlJYdCted throughout the year. but
especially during the reproductive period.
5) It is understood that moving multiple rigs out from a Development Area cannot and will
not be simultaneous; however. EnCana will use reasonahle efforts to schedule rig moves
outside of the Critical Habitat Sea.wn ..
Any exceptions beyond those listed here \\ill require written notice setting fortn the reason for the
rettue.st and approval from COO\V and BL~ where applicable.
V. Canyons Subgro•p SpMlifit Enviroomental and Wildlife Best M.anageme•t !Pradica
EnCana will implement the following prnctices on EnCa na operations in the C'..anyons Subgroup:
A . Aquatic Re.~u~
l.. Block low water crossing at Light Gulch to e liminate unnecessary traflic through ParclChute
(Jt>.ek .
2 . Restrict. any n~ry surface disturbanc-.e within the high wate r mark of the strecun channe.I in
West Fork. (e.g., pipeline crossings or culvert installation) from June l se to September I st. for
Cutthroat Trout spawning.
3. Utilize existing bead g;lks and analyz.e the strategic use of additional head gates on road culverts
as a tertiary t.'Olllainment (these are not the culverts in the waterway hut draining to the w ate1way
during storm events) ..
) )
B. Mule Deer and American Elk
Maintnin open space (no pennanent surface structures) on 20 acres of the Parachute Creek Property,
as depicted in Appendix. C, Figure 5, for use as a wildlife migrntion corridor unril at least 2040.
C. Development C'.on.~iderations
Use of gn$ lifts to automate some production. activities, reduce traffic to the well-site, and reduce ga'l
vented to the atmosphere during 'blow down' of a well.
VI. Old Mou10t~in Sul>group Environmental and \Vildlife Best Ma~cnt Pradil.~S
EnCana will ensure deveJoprnent and maintenance of existing water sow:ces through its operations on
the Old Mountain Subgroup. ·This restriction does not apply to Berry Petroleum's operations, but Berry
Petroleum is required to generally cooperate with EnCana in its compliance with environmental
requirement-son the NPR.
VII. East and Ceatnm Glrl!I' Claims Subgroup Environmental •md Wildlife Be.1Jt Management
IPradka
A_ Ensure the continued development and maintenance of water sources as a result of EnCana
operations..
B. Install adequate fencing to control livestock tL'!C in accordance with existing gntting lease
agreements, as generally indicated in Appendix C , Figure 6.
VIII. Stated Opinion of COOW Concerning Compensatory Mitigation ProYi.sioos of this WMP
EnCana i.o; employing exception.al best management practices and other measures to avoid and minimize
impacts to wildlife resources and their habitats. It is not possible to develop gas resources nnd avoid aJI
impacts to wildlifo, therefore EnCana agrees in this WMP to the following practices which the DOW
considers as compensatory mitigation for these unavoidable impacts:
A. Continue to fond CLJOW Piceance Basin research projects as previously agreed upon ($300 ,000
for 2008, and $150,000 per year from 2009-2012, totaling $900,000 over five years).
B. Maintain public h1mting acce..-;s to the portion of the East and Central Girls' C laims shown in
Appendix C, Figure 6, for as long ao; feasible, taking into consideration the safety of both the
public and EnCana peISOnnel. Enl"".ana will maintain public hunting access to all or some part of
the area depicted in Appendix C, Figure 6 1luring b1mting sea.'iOOS for tl:te six year period of this
WMP. EnCana will allow access to hunters during hunting season'i through the F.ast and Central
Girls' Claimo; on at least one road for the purpose of accessing HLM lands.
C. The following projects are in this WMP:
l. Section IJ LA.3 w~ming use uf a \\rildlite R.esowces Ma1rix.
2. Section.~ IV.Il-3 and V.A2 concerning volunlary timing limitatiou:s for gcousc and cullhrnal
tmul
3. Section IIl.A4 concerning an Integrated Vege1ation and \Veed Management Plan.
4. Section V.A.1 cooceming crossing al Light Guieb.
5. Section 111.B.7 concerning restrictions on commercial and residential development ao;
dcpk1ed in Appendix C, Figure 2.
6 . Section Vl.B.I c•>1tceming open ~-pace as described in App..'tldix C, figure 5 .
7. Section 111.B.6 concerning an employee to oversee implementation of this WMP.
8. Section lll.C. I .c concerning cooperdl:ing with CDOW to perform sampling and researcft.
9. Section VII.B concerning installation of fencing as generally depicted in Appendix C.
I 0. Section V 11 .B concerning a commitment to implement a future gnt7.ing management plan and
strategy.
Appendix A
Proposed Development Site Map
(1:24,000 Topographic Map)
)
) ) .·
Appendix 111
Standard Conditions of Approval t·or Locations in RSO and SWH Areas
within North Parachute Ranch
EnCana Oil & Gas (USA) Inc. (EnCana) and Colorado Division of Wildlife (CDOW) the practices listed
below as conditions of approval for pe rmit s issued by the Colorado Oil and Gas Comrervation
Commission for EnCana operations in the geographic area re fe renced in this Wildlife Mitigation Plan.
These Conditions of Approval will be applied to penni1s and consulL'llion with COOW is waived so long
as EnCana i s in material compliance with this WMP.
• Use solar panels as an alternative energy sour<"..e for on-loc.ation production equipment, where
appropriate, economically and technically feasible.
• Use multiple gathering lines placed in a single trench to minimize dis turbmlCC and construction,
where appropriate, economically and technically fe--.asible.
• Instal l trench plug.-; (sloped to allow wildlife or live~1ock to exit the trench should they enter) at
known wildlife or livestock trails to allow safe crossing on long spans of open trench, where
appropriate, economically and technically feasible.
• lnslall pipeline crossings at right angles to the drainages, wetlands, and perennial water bodies,
where appropriate, economically and technically feasible.
• Limit in-stream construction activity to 24-hours for water bodies less than ten feet wide and to
48-hours for water bodies greater than ten feet wide at loca1ions where horizontal boring is not
feasible, where appropriate, economically and technically feas ible.
• :Maintain a minimum of five feel o( soil cover between the pipeline and the lowest point of the
drainage or water body c hannel.
• Perfonn biological surveys (on-site) for each new development, using the most recent data sets
for wildlife and aquatic resources.
• Perfonn pre-disturbance surveys when the on-site ins pection aml commencement of cl ist.urhan ce
occur in different field seasons using the most recent dala sels for wildlife and aquatic resources.
• Utilize the EnCana Wildlife Resources Matrix to identify and document (where appropriate)
potential impacts or concerns during the project pJaoning pha.-re for proposed drilling operations
and coru,1ruc1ion of roads, pads and pipelines.
• Prohibit EnCana employees and contractors from car1ying projectile weapons on EnC,ana
property, except during company organized events .
• Prohibit pets on EnCana property.
• Strategically apply fugitive dust control measure~ including enforcing established speed limits
on EnCana private roads, to reduce t\1gitive dust aud c.oating of vegetation and depos ition i n
water sources.
• Use engineering controls at all water draw points from Parachute Creek (i.e., overhead loading,
ooc-vtay valves, install stationary draw hoses with sac<:noo intakes) to prevent oonlamination of
the Parachute Creek drainage .
• Use enclosed~ locking garbage re.ceptaclcs or implement a strict daily trash removal regime on
each tcmporruy or permanent ·work location.
AppendixC
Figures Referenced in this Wildlife Mitigation Plan
)
/; CJ North Patachute Ranch Boundary
NPR_Sulbgroups
.. Parachute Creek Property
.. canyons
.. Girts' aaims
.. NoftB'll\Ar'eSt NPR
.. Ofd ~Aountai n and Long Ridge
NPR_Subunlts
.. long Ridge
.. North Otd tmuntain
.. Sooth ad Mountain
~r~ 1. North Parachute Ranch Subgroup and Subunit designations.
) )
Fipire 2. Portion of the NPR with restrictions on commercial and residentiaJ development.
)
~ NoJ1h Pcradu.te R."IOCh Boundary
.. Primaiy IM.\ltafim Corrid<rs
~ comttor Areas
Figure 3. Five primary migratory corridors on the NPR.
)
Legend
c::::J Development Areas
C:J Nor1h Parachute Ranch Bourtdary
NPR_Subgroups
.. ea..;ons
.. GIJls' Clains
.. N<dlWeSt NPR
.. ad MOla11ain and Long Ridge
Figure 4. Development Arca~ defined for the Northwest NPR Subgroup of the lNPR.
)
Figure 5. Twenty acres held by EnCana in open space.
DCAJl.1. OJI. It CJ.! (C&lj 1111:.
roPOCRAPltlC SURV&Y
1)(;•1'-11 l'
V.:<.TJ>.\ ,Jl .. ·"· 1'-"-fi.W4t. 1a-... ,.,. '-'Ar•.> Q)JNlY. f.XJ..OJ«OO
I l • !
:"".':II:.:"' ... ___ _
)
--Tral s_Roads
c=J North ParachUf8 Ranch Boondary
.. Property Potentially~ to POO!ic Hl.Mltlng
F ig•re 6. EnCana pro perty potentially open to public hunting.
Appendix D
Wildlife Resources Matrix
e f 6 5 4 3 G
(,) c
0
0 2 7 6 5 4
-m .9 c :a~ 3 6 5
:!l. ~ --.. 4 7 6 CD
l 8 7 Cl)
3 2
Potential Impact Rating
)
2
3
4
5
6
1
1) Using the NPR Wildlife Map, identify intersects between the proposed drilling opcmtio11 or
conslmction of roads, pad"i or pipelines, and the spatial/temporal concerns related to each known
wildlifo resource concern (use Worksheet l).
2) Use the above matrix to calculate the Rating Total (Species/Habitat Concern Rating I Potential
Impact Rating).
3) If the Rating Total ~ 6 and cannot be reduced lhrougb.avoidancc of t he specified temporal/spatial
concemo;, further evaluation is nccdcd. EnCana environmental staff and biologists will be
consulted.
4) If the Rating Total ~ 8 EnCana's Team Lead for Not1h Piceance should be n<>tificd .
S) I f the Rating Total~ 8 specific input will be sought from COOW and documented on Worksheet
2.
) )
EnCana Oil & Gas (USA) lac.
WaJldlife Matrix Potential Impact Rating Guidelina
Concern Potential
Spec:ies/llabiblt Cooarm Rat ing Timing of Di.UnrbaJM:e Impact
R atin2
Sa11e Grouse:
I March 15 to May 15 (breeding season) 5
After May l .S, before March 15 4
Within 0.6 mile radius of active lek site 5
Surface SITU.cture.~ 5
Subsurface structures ...
April 13 to July 13 (nesting/brood ~n) 4
Withi n occupied habitat 4 December 15 to Mar LS (winteJing) 4
After July 15, before December 15 3
Within unoccup ied potential habitat 3 2 '
Rap tors:
Note: Pre-.:on!>tructiao t.1l1Veys will be needed s tarting in March.
Apri l I to August 15 (breeding/nesting 3 Within 0 .25 miles of a CoopetS Hawk (COHA) 4 season)
nest After Augus t 15, before April l 2
1 Wrthin 0.3 3 miles of a Red-tailed Hawk Man:h I to July 15 (breedinght<"Sting ~) 3
' (RIBA) nt.-'St 4 --
After July 15, before March I 2
April I to August l5 (breeding/nesting 3 Within 0.25 mi ks of a Shatp-shinned Hawk 4 sc.l$()tl)
(SSHA)nest After Augw;t l5, before April I 2
December-15 to July 15 (breeding/nesting 4 Within 0.5 mile of a Golden Eagle (OOFA) nest 5 season)
complex After Ju ly l5 , before December IS 3
April l to August 15 (breeding/nesting 3 Within 0.25 miles of a Northan H3lritt 4 season)
(NOHA) nt..'St
Afler August 15. before April l 2
WithinO.S milcsofu P~~ Fulooo(PEFA) March 15 to July 31 (breeding/mcslingseason.) 4
neit complex. 5
' After July J I , bel'Ore March l5 J
Within 025 miles of a Great Homed Owl Mardi to August 2
(GHOW) nest 3 I After Augus.t, befoce March I
Specles/Habilat Concern Concern Potential
Rati•g Timing ofDlsturboAce Impact
Ralina
Within 0.25 miles of a Long-cared Owl (LEOW) March I to July 15 (breeding/ne.,ting season) 3
nest 4 '-----· . ~------
After July 15, before March I 2
Wllhin 0.25 miles of a Northan Pygmy Owl March 15 to July 15 (breedingfnesring season) 3
(NOPO)nest 4
AfiorJuly IS, bofure March IS 2
Wilhin 0.25 of wty inactive m:st of an 4 undetcrmi11ed species 3
May require removal of nest 5 4
Riparian Habitat:
C.olorado River Cutthroat Habitat: Oistmbance 5 within 300 feet of lhe natural high water mark 3
C.olorddo River Cutthroat Habitat: Disturbance Jwre I to S.{'temb<-r I (<powni11g season) 5
wilhin lhe natural high water mark 5 I
Aller Scpl<m.bcc I, before June I 4
Big Game (Dur and l!lk):
April 15 to July 15 4
Wttbin mapped production areas 3
After July 15, before April IS 3
After April 15, before Janiwy I 3
Within winter range areas 4
.lamwy I to April 15 4
Permanent surfau;e struclura; 4
Within key migrlllion mutes 4
Subsurfilce s1IuctuR:s 4
EnCana Oil & Ga, (USA) Inc.
Wildlife Resources Matrix Worksheet 1
Project Name:
Project Description:
Date:
Participants:
Recorder:
Trtle/SOIJ'Ce of Map used for analysis:
Concern Potential Total can this
List SpecleslHabllat/Tlmlng Concerns ldenlilied Ralins Impact Rating concern be
Rating avoided?
) )
EnCana Oil & Gas (USA) Inc.
Wildlife Resources Matrix Worksheet 2
-Project Name:
Projeet Desa'fptlon :
Date:
Participants:
Reoorder:
Title/Sou rte of Map used for analysis:
List each Speciesltfabitmrrmng Concern from Identify project adaplations to reduce Impacts
initial Pro.Jed AM.lysis sheet that Is andlor .pplcable mtligaUon
UNAVOlDABLE and RATES~ 6:
I
AppendixE
North Parachute Ranch Integrated Vegetation Management
Guidance Document (2009)
AppendixF
Record of Modifications to the North Parachute Ranch
Wildlife Mitigation Plan
Attached to this Appendix is a history of the modifications to the North Parachute Ranch Wildlife
Mitigation Plan. Below is a sample modification fonn to be llSCd by CDOW and EnCana The effective
date is the date by which both parties have signed the modification fonn.
Sample Modification Form
EnC.ana Oil & Gas (USA) Inc. and the C.olorndo Division of Wildlife agree upon the following
modification to the Wildlife Mitigation Plan for the North Parachute Ranch:
[Insert revisions. J
EnCana Oil & Gao; (USA) Inc. Date
Colorado Division of Wildlife Date
Effective Date:
) )
Modification to the North Parachute Ranch
Wildlife Mitigation Plan
Modification 2009-1
EnCana Oil & Gas (USA) Inc. and the Colorado Division of Wildlife agree upon the following
modifications to the Wildlife Mitigation Plan for the North Parachute Ranch (additions are underlined
and deletions arc in strikethrough):
Sect ion N.B.3.a.2. "Development Area" means one of the ~5Hf regions within the Northwest
NPR Subgroup. Each such Development Area is outlined in Appendix C,
Figure 4 and Figure 8, and the Development J-\reas are named "Double Willow
Unit," "Barnes Ridge," "Story Gulch," "North Centrnl,"' "Central," OftEl"Red
Point::,., and "Story Gulch 2" ....
Section IV.8.3.a.6. "EnCana Plateau Project" means the five proposed new pads (four well pads
and one frdc pad). ~:!tpeclive lic;-in pipelines and access mads. trunk pipeline,
and maj~icted in Appt..~ix C. Eigure 7 (SE SES~. 25 to
SW SE Sec. 34 T4S R96Wl.
Section JV .B.3 .a 7 "EnCana Plateau Pipeline Project" means the tmnk pipeline and any access road
upgrades related to the EnC'..ana Plateau Project.
Scdion JV .B.3.c.9. For the EnCana Plateau Pipeline Projccl construct the cut and. fill slopes of the
main access road to a length that decrea.'>CS the extreme slopes typical of cut and
fill to facilitate growid movement by sage grouse.
Section IV.B.3.d. L E.ach construction act.ivity listed below ic; recognized and approved as a project
that may occur during the Vacated Period within a Development Area, as long
as the activities are scheduled outside of the Critical Habitat Season:
-EnCana Southern Pipeline Loop, eetl
-EnCana Story Gulch Compressor Station~. and
-EnCana Plateau Pipeline Project
Appendix C. Figure 7. EnC..ana Plateau Pipeline Project
Appendix C. Figure 8. Development Areas defined for the Northwest NPR Subgroup, with Story
Oulch2.
EnCana oomulted with the U.S . Bureau of Land Management on the above practices for operations by
EnCana wilhin the ~'toi:y Gulch 2 Development Ar~ and the agency indicated support for use of the
above praciiccs during dc\.'Clop and opcrntions by EnCana in the Story Gulc h 2 Development Area.
Signat11re Page Follows
) )
E.c&na Oil &t Gas (USA) Inc.
By_ ~!ILL
DmhHcnke
Vice PmMda1t, Sm.Ith Roclics
ColOJado Division of Wildlife
Effective Dale: _1J JJ.fa .___/ u ___ ~,_~-
.2
)
-----urll1-J=-
Ul 10 1£ IM L17
P'Jll 4H TO JH CIDP'
-------~ ur JO 1r w L«J
-~~-~ ~~nna.nu: N
_...-EnC-..-" ana~~O~IL~&~ . ..;;;;G.;;,;A:.;;.S~(US;;;.:;:,A.:.::):..:;IN:.:C.=."::...-__
CDP OXllll!RJ.NO HYlflml
T'l1.0J>()S £(J l"lr(LIN E
------l'Jt~AC:Cl!!I
II Umin l En~mconnll, Lnm S1Uveyin~
8 "\ $;out h l O O R ftAt '\.•.,_n ,r.I . t J t n h 8.40 7 8'
(43S) 7 89-1 0 1 7 • F A X (4.\S) 7 R <>-1 S I '
Figure 7. EnCana Plateau Project
3
SEC::llON JO . T~S. Rl>.' W, 6Ul P.M .•
Sl!l.'llONSl.C.M,Jl,J' ,ft J6, Tl~~W.Cl1hP.M .•
Sl!C.:ltON J , 'rn!l, ll96W,Cld1 P.f\1
) )
CJ oeveropment.P#eas
C:J North Parachute Ranch Boundary
NPR_Subgroups
.. canyons
.. Gir1s' Claims
.. NorthWest NPR
.. Old Mountain and Long Ridge
!Figure 8. Development Areas defined for the Northwest NPR Subgroup of the NPR with the addition
of Story Gulch 2.
4