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EnCana Gathering Services (USA
Team Leader — South Rockies
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, 2003, the foregoing
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SURVEYED BY.'
DRAWN BY. F.T.M.
11111111111 11111111111111 1111111111111 1111 1111
578017 02/13/2003 13:58 83231 P837 R RL.SOORF
1 of 5 R 25.18 D 0.00 GARFIELD COUNTY CO
MPI
STATE OF COLORADO
COUNTY OF GARFIELD
Pik Ifo
RIGHT -0F WAY GRANT
5
f
p
Por and in mosdusion et Ten Dollas (510.00) in hand pial, the
hereby acknowkdged, the urM 4ped landowner (hereinafter Bled
hereby GRAM', BARGAIN, SELL, OONVBY and WARRANT to
345 it Street Wee, Billings, Montane 59102, its successors ad assigns
of -way and easement. collectively mewed to as 11* "easement," along a
agreed to W GRANTOR sad GRANTER (the location d the pipelines, s
real, to o esaua, maintain, epata4 Mar. alem. re(/aa and moot id
Armament faeaiities, collectively rend to as the Tacilities' which include
oaanaeiwdm meipment, mars, whalearls cathode protection equipment
We lads ofGRANTOR in the Cuay esethn Snare ofColorado, To wit
A drip d land, located in rhe WSSSVPA of Section 12, Township L
Principal Merida, GEM an Comado. being mare prdculety
hereto and rade a part homed
An 'As Hilt^ description showing the Township Range and Section
Pipdine ktniun toll be 'corded when camueaaian is completed
The panemat easement halo grated shall be twenty-five foot (25
Ind/en (125) an each side dthe amdine described in Habibit A' and b
right to use 1) an additional lemparay work space dodos the wtradoo,
removal of the facilities, whidt shag It an additional width of twenty-five
easement, k) the right' use an adduiaal week space of men bunked feet M
150) aloog the permanent easemerd a the crossing of rade, railroads,
iifiarldidesal temporary work spice arbaeant and along the permaomt
eddy connect the facilities ion extended arm and distances of mown teman
GRANTEE dual haw all the rights and bandits oeoas ny or
the rights herein granted, inducting be widen limiting nth rights, the free
nam GRAH1OR's lads to and from the teens the right tome a8
lad, and the right from time to time 10 ad all trees ad uodngsoMh and
allay, miser or ieedem with IM use ((the faci(itice. GRANTOR dull
easement which could bpeefre with the mal operation and maintenance d
bald or construct, ■a permit to be bolt or constructed. any bulldog or
right -envoy, m slate We contour doted without the prior widen consent
have the dight malign the gloms whole ors pat
TO NAVE AND 10 NOIR ate GRANTEE, is successor, and
thetedter as the easement is used by CHARM or useful to GRANTEE,
meow for the imp' dcoieafetctitg, repairiog mentinies. changing the
futilities. The undersigned hereby binds hieddf, his heirs, means,
former defend all ad siagnla the eaameet unto GRANTEE, ilei secomsrd
wbmumv lawfully diming or 'octant the same away pat tbued.
GRANTEE agrees to bay all pie blow normal plow depth and
growing crops Neese.* dates, fang a ether droaaal 'pec. .ars
agld-ofwq ad merged which ail mused by the anar.diou,
replacement or removal of the fa:aids PaelWrmae, GRANTEE shall
growing sops livestock, timber and boom that may occur asps the
negligeia&netbe maintenance oldie facilities after construction k
me and enjoy the surface exam as such use may huadae with the pupa'
APD
and 'efficiency d which is
whether me err more), does
PETROWal, LLC, locoed al
other ailed GRANiE.EO, a right -
die lacwaan of which las been
to educe etch aged
aommaientim ane(s) aad
above and below mound salver,
males, across under and open
Raaf %. Weer of the Sixth
in the Bakke 'A' attached
auag with the Property Lines and
width, being twelve ad one -
GRANTEE shall have the
repair, aplaamaa ad
(252) Moog the prmaeet
hundred sal fifty feet (10P x
terraces wed wawa terrain, and
as may be reasonably necessary to
for the ihD endgame' or no or
d sgess and egress mor and
ewer and across GRANTOR'.
other olaaudlau Out may
place my oCametim within the
facilities .GRANTOR shall net
tapovaseat over a nam tle
GRANTEE GRAMM shall
for five (5) mars and m long
(ages to and egress from the
uC replacing and maoving the
and assigns, to velment and
assigns *pima navy pawn
PO fa say phyad damage to
onside the aboseddperl*ed
operation repos ettaamq
GRANTOR for damages to
as a rah of GRANMIM'.
GRANTOR has aright Wally
grid to GRANTEE
his meed Wei this gam cocas all the agreements teems
representation or statements verbal a wine; hew been made modidyug, add
Amerman
SLE aOHBIT 'r ATTACHED HERETO AND MADE A PART
114 TESTIMONY V/HERBOP, the GRANTORS herein hese
November, 2000.
and GIANT@ and Wal no
to ang We tens &this
P.
doh aanyaeoe this nclay et
61
111111Ir lIllrllIllllrlirIr1Il111111lu11111III III
27$eii 201 E3�52r 61731 P€35 n trsooRf
2 of R 26.0
5 R 25.e6 0 e.ee G6RF2ao COUNTY CO
EXHIBIT "A"
Attached hereto and made a part hereof that certain Right -OFA ay Gramdated the
:117 day of "JO et enDEP 20DD from Robert R. Bonich and Arlene D. Boweb,
husband and wife to Ballard Petroleum, LLC.
TOWNSHIP 7 SOOTY". RANGE 96 WEST, 6- P.M. Ce ' aid County, (
12
Gas pipeline route, following the.
constructed and determined by an
1
i
ct centerline as
s Built" survey
111110 11111 null 1111 RM UNI 111111 111 1110 11 UH
576017 02/13/2801 63:52P 61231 P536 B RL660pF
3 of 5 R 25.56 8 0.60 GARFIBD COUNT( CO
EXHIBIT "B'
This EDGRBI7 'e- is attached Sao atd aladea pall hereof* that
RIGHT-OF-WAY GRANT, by and between, Robert R. Bondi aid Arlene D.
Grantoraed Ballard Penniman, U.G * Gurnee
Grantee agmen * blade df the tap tail only * seasonably necessary
operation and use the topsail in aayvate pile from other sub
the topsoil to the tap of die *Race promptly after the mauructioa
Pipdiaa
2 The pipeline Right ofWay duo be restored to its original caddies
pactinbie steer Glanke has completed its operation. Raloraico
reseeding oany areas where the vegetation has been destroyed by
GperaGas Reseeding wilt be at Gramee's expense, MID
3. Grasses agrees that what ppeime aimed /stream w sect that
wilt not be higher than angled depth
4. NOTWITHSTANDING ay ether provisions contained brad' 1
understood that the Grantee agrees to Wry alt pipe to a minimum
to the tap of the pipeline or such oUar depth * required by the
Seely Regolisions.
Signed for ldaaifica ion
R. Boa S
sD. Bosch
h
lair
and Wont
the
aeras
iodide
's
corer isesG60ahad
tithe waterway
the contrary, it is red and
of 43 inches Tram the surface
S Department of Transportation
151211111111111111111111 fl111I111111 1111111111111
5,6017 B2 1,00 0s 03:02P 91231 P640 II ILLSDORF
4 of 9 R 25,0900.00 O*UUD COUNTY CO
LANDOWNER'S SIGNATURE AND ADDR
Rohm R Branch Arlene D Bo
ssp3% ya-54%
Address 8491 Hwy, 1424
Parachute, Colorado 81635
TENANT'S CONSENT
5"''Y — 0:,0 ICE
The undersigned tenant aod'or holders of a surface lease on the abort descn'hed lands heicby grants bis
consent and approval to the above described easement, and the full ore d n . thereof, subject to the cottthtiom
that any and all damages =Wined to his sops and other property on said . - , ices, es a malt of the negligence
d GRANTEE, shall be paid !elite
EXECUTED Ibis dayd
1
LIEN HOLDER'S CONSENT
The undersigned lice holder, sudfor.benedrriary of a deed d trust, or catgtpc on Ilu Arno described
lands hereby grants his mascot and approval la thea*oe described anent* -.. the full mse of exercise thereof
EXECUTED this dayd
109E
1111111 11111 hill! 111111111 1111 all11111111111111111
578817 83l13l2e51.t3:5T' B1331 P541 R ALSDORF
5 of 5 R 25,00 D B.BB GARFIELD C014fyy 00
STATE OP COLORADO
COUNTY OF i:."L
4
1
ACKNOWLEDGMENTS
The foregoing insrwnera we:acknowledged bd®e me this 1 ^ dry of A4,ccnber WOO
by. Robert R. Baruch aad Arlene D. Baruch
Nanny
My Commission Expires l„ 1.1 11 %MO-..
STATE OF
1
COUNTY OF 4
The !Grasping insrmmms WAS aclrnosi.4cd before me s day of
9Q
2000 by:
My Commission Expires
unree.w>..
NohuyPpbiie
1 111111 1110 111111 IIIII 111111 111 1111111 111 11111 1111 1111
639650 10/29/2003 03:29P 81533 P371 M RLSDORF
1 of 14 R 71.00 D 0.00 GRRFIELD COUNTY CO
AGREEMENT REGARDLNG PIPELINE RIGHT-OF-WAY GRANTS
Background
A. The undersigned Ivo E. Lindauer executed two Right -of -Way Grants, dated and recorded.
in the records of Garfield County, Colorado as follows:
A.1: Dated December 4, 2000; recorded at Book 1231, Page 632 under Reception No.
576016 on February 13, 2001; and
A.2: Dated June 29, 2001; recorded at Book 1268, Page 182 under Reception No.
584230 on July 11,.2001.
B. Said Right -of -Way Grants were conveyed by Grantors or their predecessor(s)-in-interest
to Ballard Petroleum, LLC, predecessor -in -interest to the Grantee herein, Encana
Gathering Services (USA) Inc.
C. Grantors are at all times relevant were arid/or are now theowners in fee of the lands
referenced in said Right -of --Way grants.
D. Grantee wishes to construct a pipeline under these agreements with all deliberate speed.
E. The parties wish to clarify certain issues between them by this instnunent.
Ameement
For and in consideration of the sum of Ten Dollars (510.00) and other valuable considerations,
the receipt and sufficiency of which ishereby acknowledged by the Grantors, and the promises and
undertakings contained herein, Ivo E. Lindauer and Betty Jo Lindauer, husband and wife, 0269 Lodge
Pole Circle, Parachute, CO 81635, of the County of Garfield, State of Colorado, and. Sarah Del Orono
and Howard Orona, wife and husband, 929 County Road 215, Parachute, CO 81635, GRANTORS, and
EnCana Gathering Services (USA) Inc., 950 171 Street, Suite 2600, Denver, Colorado 80202,
GRANTEE, its successors and assigns, agree as follows:
1. Each of the above Right -of -Way Grants is ratified and confirmedin all respects by Grantors as a
subsisting agreement, fully binding on each of them, now operatingin favor of Grantee herein,
EnCana Gathering Services (USA) Inc.
2. Each Right -of -Way Grant shall be deemed modified by this instrument to provide as
follows:
2.1 The. Reclamation Han, attached hereto and incorporated into this instrument by
this reference as Exhibit "A", shall be a pan of each Right -of -Way Grant, and
shall be fully implemented by Grantee.
2.2 The proposed route shall follow the route of the existing Williams Production
RMT Company pipeline, as much as is legally, reasonably,safely and practicably
possible.
3. Grantee is and shall remain fully Liable for performance of its obligations under said
grants and this instrument. However, Grantors shall not contest nor interfere with nor
hinder the construction and operationof the pipeline. The parties agree that Grantee
would be irreparably damaged by any delay in construction.
4. Grantors agree that they have been fully compensated in advance for any and all damages
whatsoever inherent in the proper contraction of said pipeline.
5. Notwithstanding anything in this agreement and the Right -of --Way Grants to the contrary,
any and all obligation of Grantee under that certain Memo of December 4, 2000, a true
copy of which is attached and incorporated into this agreement bythis reference as.
Exhibit "B", is hereby forever released by Grantors.
6. The rights granted herein may be assigned in whole or in part.
7. This agreement and the two Right -of -Way Grants referenced herein represent the entire
agreement between the parties, and all prior agreements and understandings, whether
written or oral, are merged into them.
Ave.( A /✓
/✓d LeNDAtme
dzt,q 2.o2' foLE C1, CL E-
PARAc/co
I/ OS
11111111111111111111111111111111111(11111(1111111111111
639660 10/29/2003 03:29P B1533 P372 N RLSOORF
2 of 14 R 71.00 D 0.00 GRRFIELD COUNTY CO.
S. The payment terms are referenced in that certain Confidential Memorandum of Payment
Due of even date herewith, referencing this agreement, which shall not be recorded
except at the sole option of the Grantee, and the terms said memorandum shall remain
confidential between the parties in all respects.
9. This agreement may be executed in separate counterparts without affecting the validity
thereof.
10. This agreement shall be binding upon and inure to the benefit of the parties, and their
respective personal representatives, heirs, successors, and assigns, and shall be a
covenant running with the lands.
Executed effective the 78' day of October, 2003, by:
GRANTORS:
vo E.E. Lindauer
etty Jo Lindauer
Sarah Del Orona Howard Orona
GRANTEE:
EnCana Gathering Services (USA) Inc.,
By:
2// Jesse G. Wood
eam Leader— South Rockies
State of Colorado )
County of Garfield /) ss.
/
On this ! C- day of C 2003 before me personally appeared Ivo E. Lindauer and
Betty Jo Lindauer, husband and wife, known to me and who executed the foregoing instrument, and who
acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes
therein set forth.
WITNESS my land and official seal:
My Comm
MYCc )esartgSION FYPRRES 04/01/2006
Page 2 of 3
otary Public
Address:
A'co< /22 3
1111111 111011101 1101111111111 111111111111111 1011111
639650 10/29/2003 03:29P 61533 P373 M RLSDORF
3 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
Stare of Colorado )
County of Garfield
On this P day of "° 'r �' ` 2003 before me personally appeared Sarah Del Orono and
Howard Orona, wife and husband, known to me and who executed the foregoing instrument, andwho
acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes
therein set forth.
WITNESS my hand and official seal:
CITY AND COUNTY OF DENVER
STATE OF COLORADO
Address:
otary Public
0 0X) Z3
cU 2J6Dz
Before me, on this day of 2003 the foregoing
instrument was executed by Jesse G. Wood
known to me to be the duly authorized Team Leader—South Rockies of EnCana Gathering Systems
(USA) Inc., Grantee, and acknowledged said execution to be the signer's free and voluntary act and decd on behalf
of said Grantee, for the uses and purposes therein set forth
d and official seal.
Page 3 of 3
.J/_ /✓ ,L////
omry Public
Address:
95:4 /7gticeit,
144L'2 -t4, Lg/I2d02oa.
111111111111111111111111111111111111111III 1111111111111
639650 10/29/2063 03:29P 61533 P374 M ALSOORF
4 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
Exhibit "A"
to
AGREEMENT REGARDING PIPELINE RIGHT-OF-WAY GRANTS
dated October 7, 2003
between Ivo E. Lindaucr and Betty Jo Lindauer, Grantors
and
EnCana Gathering Services (USA) Inc., Grantee
Reclamation Plan
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633550 10/29/2003 03:29P 01533 P375 M ALSDORF
5 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
1. Introduction
1.1 Purpose
1.2 Goals &Objectives.
1.3 Environmental Training
1.4 Related Plans / Maps
1.5 Responsibilities
1.5.1 The Company
1.5.2 The. Contractor
1.5.3 The Environmental Inspector
2. Reclamation Process
2.1 Reclamation Activities
2.2 Rock Disposal
2.3 Final Cleanup
2.4 Topsoil Restoration
2.5 Miscellaneous Agricultural Features
2.6 Seedbed Preparation
2.7 Soil Supplements
2.8 Revegetation
2.9.1 Species Selection and Source
2.9.2 Seed Application Rates & Viability
2.9.3 Seeding Methods & Procedures
2.9.3.1 Drill Seeding
2.9.3.2 Broadcast Seeding
2.10. Permanent Erosion Control
2.11 Grazing
3. Noxious Weed Control
3.1 Weed Control Measures During Construction
3.2 Post -Construction Monitoring and Weed Control
4. Worker Safety and Spill Reporting
5. Reclamation Schedule and Documentation
6. Post -Construction Monitoring and Evaluation
6.1 Revegetation and Erosion Control Monitoring
6.2 Evaluating Reclamation Success
1 11 1111 11111 111111 11111 111111 111 1111111 III 11111 1111 1111
639650 10/29/2003 03:29P B1533 P376 D ALSDORF
6 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
1. INTRODUCTION
This Reclamation Plan (plan) describes measures to be taken by EnCana Gathering Services
(U.S.A.) Inc. (Company) and its construction contractors (Contractor) for topsoil restoration,
reseeding, planting, noxious weed control and reclamation monitoring.
1.1 PURPOSE
The purpose of this plan is to describe in text and on drawings the prescribed methods for
topsoil replacement, reseeding, planting noxious weed control, and monitoring for
reclamation success. This plan is applicable to the construction on right-of-way (ROW)
and extra workspace locations.
1.2 GOALS AND OBJECTIVES
The short -teen goals of reclamation are to control erosion and sedimentation and to
minimizeimpacts toadjacent land uses. Properly executed construction practices and
optimum scheduling will mitigate short-term impacts. Long. -termgoals include
controlling erosion and sedimentation; protecting water resources and soils; limiting the
introduction and spread of noxious weeds; and returning disturbed areas to pre-existing
condition. Monitoring during construction and post -construction will ensure that these
goals are achieved.
1.3 ENVIRONMENTAL TRAINING
The Company will conduct environmental training for all project personnel. Training
will include topsoil protection measures and methods for controlling the spread of
noxious weeds (e.g., maintaining clean vehicles and equipment).
1.4 RELATED PLANS / MAPS
The following documents include additional requirements specifically related to the
reclamation of the ROW and ancillary areas:
• Soil Conservation, Sedimentation, and Erosion Control Plan
• Stream Crossing and Wetland Protection Plan
• Hazardous Materials Management and Spill Prevention and Countermeasure Plan
• Alignment Sheets
1.5 RESPONSIBILITIES
Responsibilities are detailed below:
1.5.1 The Company
The Company will be responsible for ensuring that the Contractor meets the
standards defined in this plan to restore all disturbed areas to pre -construction
conditions and to ensure long-term monitoring of restoration success. The
Company will take remedial actions as necessary to restore and maintain a stable
vegetative cover on the ROW. The Company will provide the Contractor with the
appropriate blended seed mixes developed through consultation with agency
representatives and landowners.
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639650 10/29/2003 03:29P 01533 P377 n RLSDORF
7 of 14 R 71.00 D 0.00 GRRFIELD COUNTY CO
1.5.2 The Contractor
The pipeline Contractor will be responsible for post -construction re -seeding and
mulching of the ROW, extra workspaces, and off -ROW ancillary sitesfollowing
their construction activities. Reclamation will be conducted according to this plan
as specified for the Contractor.
1.5.3 The Enviromnental Inspector
The Environmental Inspector will have the responsibility to ensure field activities
are performed in accordance with this reclamation plan by the Contractor and in
compliance with all other permits and agreements. The Environmental Inspector
will have the authority to make site-specific field changesincertain reclamation
procedures within the guidelines of this plan in consultation with the landowner or
BLM.
2. RECLAMATION PROCESS
The following sections outline the pre -construction planning and sequential steps forrestoring
the ROW and extra workspaces following installation of the pipe and backfillingof the trench.
However, one of the most important factors relating to successful reclamation takes place during
the initial grading of the ROW. Topsoil salvage requirements and methods are discussed in
detail in the Soil Conservation, Sedimentation, and Erosion Control Plan.
2.1 RECLAMATION ACTIVITIES
The Environmental Inspectors with the. BLM, Soil Conservation Authority and
Landowners will work to determine depth of topsoil salvage, appropriate seed mixes, and.
seeding methods.
2.2 ROCK DISPOSAL
"Excess rock" is defined as all rock that cannot be returned to the existing rock profilein
the trench or graded cuts, or is not needed to restore the ROW surface to a condition
comparable to that found adjacent to the ROW. This does not include tailings from
boring operations. (NOTE* Absolutely no tailingsfrom Me proposed boring areas will
be spread or stored on federal land) Excess rock will be randomly distributed across the
ROW, piled or windrowed to create or enhance wildlife habitat, or arranged to block use
of the ROW by motor vehicles. If not practical, the Contractor willremove other excess
rock from the ROW and haul it to an approved disposal site. The Company will
coordinate with landowners or the BLM regarding the methods of disposal.
2.3 FINAL CLEANUP
Within 30 days after backfilling the trench, the Contractor will make every effort to
complete final cleanup and installation of permanent erosion control structures. If
circumstances prevent achieving cleanup within 60 dayson federal lands, the Company
will apply for a variance from the BLM.
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8 of 14 R 71.00 0 0.00 GARFIELD COUNTY CO
The ROW and other project -related areas where soil has been disturbed will be restored
as close to pre -excavation grades, compaction, and other conditions as possible, unless a
specific exemption has been granted by the landowner or BLM. No solid waste, trash, or
vegetative matter will be buried on the ROW.
Final compaction of disturbed areas will be returned to approximate pre -construction
conditions. In cases where this is not possible, e.g., steepslopes or rocky areas where
full- ROW width topsoil salvage was not required, compaction will not vary more than
10 percent from adjacent off -ROW conditions. The Company will test soil compaction to
a depth of 18 inches, if possible, at regular intervals using hand-held penetrometers or
equivalent testing equipment and procedures.
The Contractor will take remedial action as directed by the Company at all locations
where compaction is not within the previously described 10 -percent limit The
Contractor will decompactexcessively compacted areas with a paraplow, "Vibrashank,"
or other deep tillage implement. In areas where topsoil has been segregated, the subsoil
will be decompacted prior to re -spreading the topsoil.
In areas with a pre-existing rocky surface material, the Contractor will spread rock over
the ROW to maintain a surface appearance similar to that of adjacent undisturbed terrain.
Spreading rock on the surface will not be used as a method to dispose of excess rock
except as described in Section 2.2.
Where approved by the landowner or BLM and environmental Inspector, the Contractor
will randomly distribute any windrowed shrubs or other remaining vegetation debris over
the ROW. However, this must be accomplished by hand or light equipment (e.g., all -
terrain vehicles) after seeding of the ROW so the spread material will not interfere with
the performance of seeding equipment and to prevent disturbance of the seedbed.
2.4 TOPSOIL RESTORATION
After the trench has been backfilled and the ROW regarded, the Contractor will
redistribute topsoil to the approximate location from which it was originally removed.
Restored topsoil will be left in a roughened conditionto discourage erosion and enhance
the quality of the seedbed. Topsoil will not be handled during excessively wet or frozen
conditions as determined by the Envirotunental or Construction Inspector.
Topsoil will be redistributed as close to original salvage depths as possible. Salvage
methods are discussed in Section. 2.2 of the Soil Conservation, Sedimentation, and
Erosion Control Plan. Segregation of subsoil and topsoil will be maintained throughout
final cleanup procedures. The Contractor will be responsible for replacement of lost or.
degraded (tnixed) topsoil with topsoil imported from a Company -approved and weed -free
source.
Additional erosion control and soil stabilization will be required in areas adjacent to or
within drainages. See the Soil Conservation, Sedimentation, and Erosion Control Plan
and the Stream Crossing and Wetland Protection Plan for additional information.
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Drill seeding will be employed wherever soil characteristics and slope
allow effective operation of a range drill. Drill seeding will be performed
perpendicular to the slope unless otherwise directed by the Environmental
Inspector and BLM field representative. The drill will have a seed release
mechanismsufficient to allow seeds of various sizes and densities tobe
planted at the proper seeding depth.
2.8.3.2 Broadcast Seeding
Broadcast seeding will be employed in all areas where drill seeding _cannot
be performed.Seed will be applied using manually operated cyclone -
bucket .spreaders, mechanical spreaders, blowers,or hydroseeders. Seed
will be uniformly broadcast over disturbed. areas. Immediately after
broadcasting, the seed will beuniformly raked, chained, harrowed, or
cuttipaekedto incorporate seed to.a sufficient seeding depth. If it is not
possible to cover the seed with mechanical methods, the seeding rates will
be doubled.
2.9 PERMANENT EROSION CONTROL
Permanent erosion controlmethods will be utilized as needed for stabilization of slopes
and soils as described in the Soil Conservation, Sedimentation, and Erosion Control Plan.
Permanent erosion control measures will be installed within 30 days after the trench is
backfilled to aid in site stabilization wherever required.
3. NOXIOUS WEED CONTROL
Noxious weeds are spread through the dispersal of seeds or the transport of propagative plant
parts. It is therefore important to reduce the sources of seed and viable plant material prior to
construction disturbance and to prevent its transport or importation during construction. The
combination of methods described below will be employed to minimize thepotential for
expansion of noxious weed populations via the pipeline route.
3.1 Weed Control Measures During Construction
The Company will require that all Contractor vehicles and equipment arrive at the work
site clean, to prevent the importation of noxious weeds from a previous work site. Only
after the Environmental Inspector has determined it tobe free of soil, debris, or other
potential sources of noxious weeds will any piece of equipment be allowed initial
transport or access to the ROW.
4. WORKER SAFETY AND SPILL REPORTING
All contracted herbicide contractors will obtain and have readily available copies of the
appropriate application permits and the Environmental Protection Agency Material Safety Data
Sheets (MSDS) for the herbicides being used. All reasonable precautions will be taken to avoid
spilling herbicides. However, a spill kit will be caned in all herbicide applicator's vehicles to
facilitate quick and effective response to a spill, should one occur. Herbicide spills will be
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639650 10/29/2003 03:29P 81533 P382 N RLSDORF
12 of 14 R 71.00 D 0.00 GARFIELD COUNTY CO
reported in accordance with the requirementsdescribed in the project's Hazardous Material
Management and Spill Prevention and Countermeasure Plan.
5. RECLAMATION SCHEDULE AND DOCUMENTATION
Reclamation activities will be determined in part by construction schedules and seasonal climatic
conditions. Seeding and planting will be coordinated with other reclamation activities to occur
as soon after seedbed preparation as possible. Ideally, the Contractor will complete permanent
reclamation activities prior to the end of the typical fall planting season (September 1st —
October 31st).
Upon completion of reclamation, the Company's Construction Inspector, Environmental
Inspector, and Land Agents, and ELM representatives will perform a final inspection of the
ROW and ancillary facilities to verify that pre -construction commitments have been satisfied. A
copy of the post -reclamation inspection fonn will be transmitted to the Contractor if any
deficiencies or a need for remedial action is noted,
6. POST -CONSTRUCTION MONITORING AND EVALUATION
6.1 REVEGETATION AND EROSION CONTROL MONITORING
During the first growing season following construction and reclamation, qualified
specialists will conduct intensive surveys to assess revegetation success and determine
the need for further reclamation. At his option, Ivo R Lindauer may participate in this
process.
Revegetation monitoring will include evaluation of the following parameters as compared
to adjacent (off -ROW) vegetation:
♦ percent total herbaceous cover (seeded species plus desirable volunteers), and
• species composition.
Where applicable, the following will be evaluated:
• new or expanded populations of noxious weeds
Areas with poor germination and/or growth will be evaluated to determine, if possible,
the cause of the problem. Reclamation techniques will be modified as necessary to
address any identified problems and appropriate remedial measures will be undertaken.
The Contractor will be responsible for remediating any problem areas identified by the
Company for the first growing season following construction. Thereafter, the Company
will be responsible for obtaining a reclamation contractor to perform any necessary work.
Erosion control monitoring will be performed in response to significant weather events
and/or concurrently with the revegetation monitoring during the first year following
construction. Success criteria for both are discussed in Section 6.2.
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539658 10/29/2003 03:29P 61533 P383 M ALSDORF
13 of 14 R 71.00 0 0.00 GARFIELD COUNTY CO
Both erosion control and revegetation monitoring willbe conducted routinely throughout
the lift of the pipeline to evaluate long-term survival of reestablished vegetation and the
effectiveness of erosion control measures with specific attention to problem sites.
6.2 EVALUATING RECLAMATION SUCCESS
The Company is responsible for the stability and revegetation of all areas disturbed as -a
result of construction for the life of the pipeline. As discussed in Section 6.1, the
Company will conduct intensive monitoring after the first growing season and routinely
thereafter to assess soil stability and revegetation success.
The Contractor will reseed any portion of the. ROW that doesnotexhibit 50 percent total
herbaceous cover (comprised of seeded species plus desirable volunteers) relative to
adjacent (off -ROW) vegetation after the first complete growing season. Additionl
seeding will be completed during the next seeding season (fall or spring). In the event
that first year revegetation is affected by precipitationamounts significantly below the
annual average, the Company may request defemrent of additional seeding activities until
the following seeding window.
The reclaimed ROW will be considered stable when the surface appears similar to
adjacent undisturbed land and the following accelerated erosion indicators do not exist:
• perceptible soil movement (exceeding pre -construction conditions)
• head cutting in drainages
• flow pattern development resulting in large (greater than 12 inches in depth) rills or
gullies
• trench subsidence or slumping
Revegetation will be considered successful when the following criteria are met
• total herbaceous (seeded species plus desirable volunteers) cover is at least 75
percent of that on adjacent land,
• species composition comprised of a mix of seeded species and desirable volunteers
from adjacent communities, and
1 111111 1101 11111 11111 111111 Ill 1111111 111 111111 111 111
639650 10/29/2003 03:29P 31533 P304 M RL500RF
14 of 14 R 71.00 D 0.00 GRRFIELD COUNTY CO
Exhibit "5"
to
AGREEMENT REGARDING PIPELINE RIGHT-OF-WAY GRANTS
dated October 7, 2003
between Ivo E. Lindauer and Betty Jo Lindauer, Grantors
and
EnCana Gathering Services (USA) Inc., Grantee
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MP
STATE OF COLORADO
cowry OP GARPIE D
Fib Nn APE
fliGHTOFWAY CRANE
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For and in omsidnim ofTen Dollars (SIOOO) in hand paid, the inapt and saffs>ency d which is
hereby admowtegged. IM mderddped bedonm (hereimtr aped GRANTOR, whether one or owe), does
bbasely Saone, Sola GA� SELL, CONVEY and WARRANT to aui ARD PETROLEUM. LLC located a
3050, Denver, Cdaado 50202, its successors and assigns (hereinafter caped
rrghe(Fway and easement, cdlscliwly Mend to as the''sae ' sag a rota the anion of which haa
bees agreed to by GRANTOR sad GRANTER (the bates d the pipihte, as csS.rsed, to evidence such
Mad ra
and+pe). m comma, matte, quaquanear, alar, .glace and name pipelines. communication line(s)
appurtenant faolitie, collectively rdrred to as the 6ralpee' wish include ahov* and below- ground
and valuta tae oGRA ipmea mena TOR q �e cathodic protection anapaest and markers, aeon. under
County of ra v*l State oColorado, To writ
A strip d land, looted it the SWYSIVM of Section 1, MESSES' d Section 2, NES(NE% d Stake 11
and NW% of Sada 12, Township L Sash. Range 2 Wm d the Soh Principal Maidien, fa4114 Coady,
Colorado, being more particularly domed ieIhelabie 'A' atbcha baso nod made a pert hereof
An As Bar description sboing the Twathip. Rapp and Salim along oath the Prepay Lines and
PiRdiee location shall be recorded when omoeaim is completed
The pempuW maw herein grated Mall he twenty&ve foot (25.0') in width being twehe and one-
half fee (12.5) on each aide ofthe cevadine desaaled ia&b A and le Adam. GRANTER shall have the
right m me 1) an additiood sempsery wak space dining the oapmaion, maiatimance. repair. replamma 1 and
removal et the facilida, whirs shall be an addend width d twadyfe a feet (25.0) Song the prmaaent
easement, h) the sight le we as adhdorl wade spice dote hundred feet ty ice hundred and fifty Post (100' x
150) along the praaner eraeat a tis crossing of roods, railroads, streaaw, to aom and mem mats and
ill) additional teropormy work space adjaam and along the anima easemyd as nay be mmomlly m eatery to
safely construct the facilities iardu0edaer madonnas as daneven morin
GRANTEE shall haw all the right said beeps aeoeeay or anted for the fall mjgmeot or me of
IM sighs herein grata Indians bac withom limiting .ark rights, the free right of togas and egress over and
WOOS GtANTO R's buds to bad from the enema, the right to we all wadi over and won GRANTORS
lead, end the right Der dose to lime mem all hoe and mdeagrowth and remove other abulwetipr ON my
it jrg eadaoger or intafe.e wile IM use of this facilities. GRANTOR shall 2101 place boy &asuction within the
easement width earl irraae with the ramal operate and 'ammaoaofthe facilities GRANTOR shag cot
build or cenasua, or permit a be hall or oomtiace4 aay balding et other imovmem ane r aeon the
right-of-way, nor change the rentor thereat Mihail she prier wnvm award d GRAN)ffi GRANTEE shall
bre the right 10 amigo this gar haaide rinpart
ID HAVE AND TO FOLD man CANTER, is etoeasea, and aedpq fa Dae (5) Ism and so lag
thereafter a the seam is used by GRANTEE or allot lo Q(ANITIe, with ingress to and egress Doo Ibe
arisen for the prpom daaetgrm,g maim rmsteiq, eiaogieg the sae dCtq,lai encoring the
facilities The undersigned hwaby bade himself, his heirs, aaaasors, arlahimawn and signs. to aired and
hear defend all and eingalr the eremmt ens QIAN1FE, is someanas nod ariVw, against nay poen
whomsoever Jadedly dating or to dim the same or any pari thereat
GRANTEE agrees to bevy all pipe below actual plow depth auto pry for any physical damage to
Vowing aspn parr* orbs, fence. or alta Madeira! imwmmmeses located outride the abs edmvmed
right'&' -way and ea whirl N cared by the rmaaion. maimmame. opemtios. ages, alteraliai,
replacement or retard of the talkies. PwWerra, GRANTEE shad omyeoseee GRANTOR for damage to
Vowing aop, livestock, tinter and heroes that may car upon the easement as a result 11 GRANTSrs
negligence dudes the rmimama dInn facilities afterauwuaim is cuppteted GRANTOR he a right *they
me and enjoy the awfaoe etmep as sorb me may imrfsa with the passe hreiagranted to GRANTEE
Y s agreed that this gra coven alt the agnomen en betwem GRANTOR and GRANIES and that no
representation or tremens, verbal or wriden have been made mcdfyivg adding to or changing the tenon of this
Agnement
SRC IO®IBIT -I ATTACMCO HCRCTO AND MADE A PART HRSzOIt
IN TESTIMONY WHEREOF, the GRANTORS Mau have -easj this comma this rf 9 f `
da aflame. 20M.
lino 11a11111a]1111[1allllalan111 11
seine E72u/2511 3 UP 5125! imp rv,so55F
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LANDOWNERS SIGNATURE AND ADDRESS
aselindwe
eras Sza,Hs -976-1g
Addssc 169Lodeoole Circle
Parada= Colorado 51635
TENANTS CONwrr
The =designed =am mace herders d a surface lease= de above descried lands bad/ pays his
care and approval to the above described =seaad, ad the fall use of exercise thereat, subject to the o=dium
that say orad aD damages aeOined to his aqa sad other properly on said panties, a ■ sedt d de negligee=
of GICANTEn shah he pad to bion
wnTED this
dace 2001.
1*11 FIELDE'R'S CONSENT
The mdsaigad lien bolder, aadar 6mdday d a deed of tar, a mate = the above demented
Dads hereby wants ba wane and approval tithe above **cubed sesame= and the full use dassdr then(
EXECUTED Ibis dqd 2001.
3N23842311M 1111 I IBif U IBI I II I I I l BI I F
0 01/11/2001 03 1200 ISP 0P154N 11.3DORF
3 of 5 R 23.011 D 0.00 GORF213L COUNTY CO
STATE OF COLORADO
COUNTY OF OARFIED
w
MZNO LCDC0)e(ts
1
1
4
ThikBio humnd vac acknowledged Woe me ibis
Ivo E. Landauer
29th (bye June
A01 .fteht,t_
w y Pah, no? LYa ash
Repo -4 CO Pre/
MyCommiasioaeapSm /0-1Y- 200?
3001.
STATE OF
°ovary OF
1
0
1
The foraging inM:mw was admcW a%ed Wore ms this thy d
2001 1y.
Notary Public
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354230 5723.00 01 03z5 01258 Pte5 11 Rt3DORP
4 of 7 R 23.05 D 0.00 0RRFLELO COUNTY CO
EXHIBIT •A•
igippled Wrap and apart laaedthat mroinRigUtdWay Graotdtd dal
of U/U 2001 Gm Ivo E. Landow
BWadPetidmotiLit
TOWNSHIP 7 SOUflL RANGE 96 WEST. e PAL Garfield County. Colorado
Gu pipeline raa following tba exact etoluRoe a
Comoocted aoddWminedbya "As Bait way.
Z
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t
11
13
Gu pipeline raa following tba exact etoluRoe a
Comoocted aoddWminedbya "As Bait way.
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544231 17/11/10111 65;5W 51365 P2110 1 KSDORF
5 of 5 1 35.50 0 1.10 <ARFIELD COMITY ca
EXHIBIT e"
Ttis w RIN "'g' h -"- -' Iaeto made a part berretta that Certain
RIG l' -OF -WAY GRANT, by adbetwerm. Ivo E. L ndaan. ss
GIMES/XS Ballard Perattam. LLC as Gaaaet
1. Grantee syem to blade off the hp sal telly as seasonably actuary for then
operation sad store the topsoil in a separate pile how other subsoils ad roma
the topsoil to the top eras surface pmn4dya5er the mostrmAion of the
pWeltoe
2. The pipeline Right of Way>brl be tutored to its anginal condition as rev XS
practicable after Grantee hat waptaed its opacities Reraadon shall include
needing of ow areas vans she vegetation has been dumbed by Gtntee's
Operations Receding will be at Grantee's amnia. wail vrglaive cover is established and meets
MIA gtfg13aaRts Taal Ndera1lr meat pastime
3. Gunn aver that Mme pipeline ceased a arse acre* that depth of the waterway
will mathe higher than original depth.
4 NOINYMISTANDING any other Isov'isiosu contained herein to the ambary, it is agreed and
minced the Gan agrees to busy all pip to a mulomm depth doe iacbrs hem the suabm
to the top of the piptime r such other depth as rewired by the U S Ikpumant at Tzamportstica
Pipeline Safety Regulations
&vied for kkettlaalian:
(113
Ivo aunt
0
•
111111311 111 1111 1111 ILO 1111 (iii 1m
639504 10/29/2003 09:058 01532 P868 N RLSDORF
1 or 3 R 16.00 D 0.00 GARFIELD COUNTY CO
PIPELINE RIGHT-OF-WAY GRANT
For and in consideration of the sum of Ten Dollars (510.00) and other valuable considerations,
the receipt and sufficiency of which is hereby acknowledged, David D. Skinner and Amy L. Skinner,
husband and wife, 16706 Hwy 82, Carbondale, CO 81623, of the County of Garfield, State of Colorado,
GRANTOR, grants and conveys to EnCana Gathering Services (USA) Inc., 950 17th Street, Suite
2600, Denver, Colorado 80202, GRANTEE, its successors and assigns, an easement, right-of-way and
the right to survey and re -survey, locate, lay, maintain, inspect, replace, erect, resin, replace, operate, and
remove one or more pipelines and such drips, valves, fittings, meters, and other equipment and
appurtenances, and staging areas as may be necessary for the operation, over, through, upon, under and
across the lands now owned by Grantor located in the following sections in Garfield County, Colorado,
to -wit
Township 8 South. Range 97 West, 6a P.M.:
Section 1 L' F/2SE/4
The centerline ofa proposed pipeline route is shown by attached Exhibit "A". The rights inherent
herein shall be based upon and adjusted to the "as -built" line of any actual pipeline construction. Grantee
may submit for recording an "as -built" survey for any such location and construction.
Grantee shall have all the rights and benefits necessary or convenient for the full enjovmem or
use of the rights herein granted, including without limitation the free right of ingress and egress over and
across lands of the Grantor to and from the easement and appurtenances, the right to use any and all roads
over and across Grantor's lands, and the right from time -to -time to cut all trees and undergrowth and
remove other obstructions that may injure, endanger or interfere with the use of the facilities, Grantor
shall not place or allow any obstruction within the easement which could interfere with the normal
operation and maintenance of the easement and appurtenances. Grantor shall not build or Construct, nor
permit to be built or constructed, any building or other improvement over or across the right-of-way, nor
change the contour thereof, without the prior written consent of Grantee.
THE PARTIES FURTHER AGREE AS FOLLOWS:
Immediately after installation of the pipeline, Grantee agrees to restore the ground by adequately
tamping and packing to a condition, as near as reasonably possible, to that which existed
prior tothe
installation of the pipeline. Grantee will manage any erosion problems which arise due to construction of
the pipeline. All pipelines shall remain in place upon termination, unless otherwise agreed to by the parties
hereto in a subsequent written instrument. All disturbed areas shall be re -vegetated with appropriate seed and
plant mixtures at the first favorable planting season after surface reclamation, but in no case more than twelve
months after the initial disturbance. If such re -seeding is unsuccessful the Grantee shall re -seed again at the
next favorable planting season.
1. Grantee agrees that any pipeline shall be installed at a minimum depth of 48 inches below the surface
of the ground. Any pipeline right-of-way granted shall be fifteen (15.0) feet on either side of the
centerline of the "as -built" line, except that during any construction activities on the pipeline, Grantor,
for the consideration stated above, hereby grants unto the Grantee the right to access a right-of-way
thirty-five (35) feet on either side of any such centerline. A proposed pipeline route is described in
Exhibit "A", attached and incorporated into this agreement by this reference.
2. All equipment and appurtenances to the pipeline no or above the surface of the ground, shall when
necessary be installed in a manner to reasonably protect the livestock of Grantor or Grantor's lessee.
During construction, livestock crossings will be provided where necessary, and temporary gates to
preclude the escape of said livestock shall be installed where necessary. Further, all fences which
must be severed or removed for installation and maintenance will be reinforced prior to severing,
adjacent to where the cut is made, to prevent damage to the fence line. All fences cut or removed
shall be restored in as good a condition as existed prior to installation of the pipeline. Likewise, upon
completion of construction, all now -existing roads on Grantor's described lands used by Grantee shall
be promptly restored, at a minimum to the condition in which they existed immediately prior to
Grantee's first use of same.
3, Moss rock existing on the property shall as much as reasonably practicable be left undisturbed, or if
disturbed, shall be set aside in a manner aimed to minimize damage.
4Rer Recordyr- Prea.,e Return To:
Mineral Land Services
PO Bon 5223
Glenwood Springs, CO
81602
1 111111 11111 111111 11111 1101 11111 111111 III 11111 111 111
639504 10/29/2003 09:05R 81532 P809 M RLSDORF
2 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO
4. Grantee shall pay all incidental expenses incurred in surveying and recording said easement.
5, Grantor will not hold Grantee liable for damages incurred by Grantor as a result of Grantor's activities
on the easement not compatible with the purposes contemplated herein. Grantee agrees to compensate
Grantor for extraordinary loss or damages caused by Grantee, its agents or employees to persons,
property or livestock, including that of its surface lessee, if any. Payments herein provided are
acknowledged by Grantor sufficient and in Poll for damages caused or created by reason of the reasonable
and customary entry, and subsequent operation of said pipeline, staging area, valve sets, and all
appurtenances.
6. Grantee shall, at its sole expense, keep the lands subject to the easement granted herein free and clear of
all liens and encumbrances resulting from Grantee's and its agents' activities on the said lands, and
shall indemnify and hold Grantor harmless from and against any and all liens, claims, demands, costs,
and expenses, including, without limitation, attorney's fees and court costs, in connection with or
arising out of any work done, labor performed, or materials furnished.
7. The rights granted herein may be assigned in whole or in part.
8. This agreement shall be binding upon the personal representatives, heirs, successors, and assigns of
Grantee and Grantor and shall be a covenant naming with the lands.
Executed effective the agday of oG 7p ii L R , 2003, by.
GRANTOR:
David D. Skinner
Stale of Colorado
County of Garfield
)ss.
GRANTOR:
Amy L. Skinner
On this vn 7day of CTo Bt k 2003 before me personalty appeared David D.
Skinner and Amy L. Skinner, husband and wife, known to me and who executed the foregoing
instrument, and who acknowledged to me that they executed the same as their free and voluntary act and
deed for the uses and purposes therein set forth.
WITNESS my hand and official seal:
Page2 oft
Notary Public
Address:
%C fiou )223
GLLA/ WOO srirn/C,s
CO Pi(,b
• AHED 111111 111111111111111111111111 11111 1111
639504 10/29/2003 09:05A B1532 P870 M ALSDORF
3 of 3 R 16,00 D 0.00 GARFIELD COUNTY CO
Exhibit "A"
to
PIPELINE RIGHT-OF-WAY GRANT
from
David D. Skinner and Amy L. Skinner to EnCana Gathering Services (USA) Inc.
NSA 16L.Y.)
SE 1/4 NE ,/i
/4 Sew u.
S
Centerline of
Proposed Pipeline
gj
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18.£ 8971. 50 P.M.
RIght—of—Woy Length Across David &
Amy Skinner Property In the NE 1/4
SE 1/4 of Section 11 - 1,033.90'
LEGEND
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P.1. - P001 Of INTERSECTION
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1/4 OF 5E011b! 11, TBS. RP7V9, 6114 P.U. *OCR PONT DEARS SOR'0423.4 369.43 FROM ME EAST 1/4
CORNER 01 SAID SECTION (BEING A 1966 ALUM. GIP). TWICE 55416'05'4 520,55': 1140100 3745117-W
705.55 TO A PONT MI ME GRANTEES NEST PROPERTY 1JN0. B0NG TC WE$} UNE Or 114E SAID NE 1/4 5E
1/4 OF SECTION 11. NMCH POINT BEARS 57349'00/0 1771.25' FROM TE 5X0 EAST 1/4 CORNER Of 3E011014
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TAKEN RW GLOBAL PWTIOWNO S41EW1E OBSERVATIONS TO PEM 50911'01'W A MEASORFO DISTANCE OF
250546' (ME NORM 1/4 CORNER AND THE H00MN£5T 0CRMEO IF SA10 SECTION 12 BEING 2001 AWN.
CAPS LS 19590).
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Cost Recovery Agreement
between
EnCana Gathering Services
729 Buckhorn Drive
Rifle, Colorado 81650
and the
Bureau of Land Management
Colorado State Office
[Right -of -Way serial number COC 67267 ]
[BLM cost recovery pr6ect'111:umber 51R-CQ33]
I. Authority
Section 28 of the Mineral Leasing Act of 1920, (30 U.S.C. 185) as amended requires:
"The applicant for a right-of-way permit shall reimburse the United States for
administrative and other costs incurred in processing the application, and the holder of a
right-of-way or permit shall reimburse the United States for the cost incurred in
monitoring the construction, operation, maintenance, and termination of any pipeline and
related facilities on such right-of-way or permit are and shall pay annually in advance the
fair market rental value of the right-of-way or permit, as determined by the Secretary or
agency head."
II. Purpose
It is the purpose of this Cost Recovery (Agreement) between EnCana Gathering Services,
hereinafter called EnCana, and the Bureau of Land Management, hereinafter called BLM, to
establish an agreement whereby EnCana shall reimburse BLM for all costs incurred by BLM
from the effective date of this Agreement for processing a right-of-way application filed by
EnCana in connection with construction of a 24 -inch natural gas pipeline and amine plant located
in Colorado. The project begins in Parachute, Colorado, and will terminate near Debeque,
Colorado.
The pipeline portion of the project is approximately 16.4 miles long and crosses federal lands
administered by BLM, Colorado Department of Transportation right-of-way, and private lands.
Cordilleran Compliance Services (a consultant selected by EriCana) and BLM will prepare a joint
environmental document that will address the needs of all Federal, State, and County agencies.
III. Agreement
A. BLM will determine actual costs that EnCana shall be obligated to reimburse to BLM. In
the interest of expediting the work to be performed hereunder, and without prejudice to any rights
EnCana may have to challenge payments made hereunder, EnCana agrees to pay the direct and
indirect costs incurred accountable by BLM in processing EnCana's right-of-way application
serialized as COC -67267.
1
B. Any payments made by EnCana that are not required by, or which are in excess of
applicable law shall be promptly refunded to EnCana.
C. BLM agrees to process COC -67267 to the extent funding under this Agreement permits.
This processing will include, but not be limited to, the following: coordination and approval of
any necessary environmental analyses; consultation with appropriate Federal, State, and local
officials; preparation of any appraisals to determine the annual fair market rental that may be
necessary (the rental for the pipeline is on an existing rental schedule); necessary monitoring of
the project; preparation of the administrative record and resolving any protests, appeals and
litigation that might result from the proposal; and other necessary processing actions consistent
with the final determination. The parties understand and agree, however, that the purpose of the
Agreement is limited to the provision of funding, and that it does not control any matter beyond
the scope of this Agreement.
IV. General Provisions
A. BLM will furnish no services other than those identified in the Agreement and any
amendment thereto.
B. BLM will furnish no services pursuant to this Agreement if the cost of such services is
expected to exceed amounts deposited by EnCana.
C. BLM will, to the best of its ability: a) administer this Agreement so as to avoid unnecessary
employment of personnel; b) limit expenditure of funds; and, c) make every reasonable effort to
process the application and grant the right-of-way amendment in a timely and workmanlike
manner.
D. BLM will be responsible for apportioning and applying reimbursable funds collected under
this Agreement to the services provided.
E. A lack of reimbursement funding will require that BLM cease providing services under this
Agreement.
F. EnCana will be advised as to the nature and extent of all major studies needed to complete
the EA and will have the opportunity to utilize studies prepared by EnCana's personnel and
consultants wherever such studies meet BLM standards and the requirements of the law. Data
and reports prepared in conjunction with this Agreement may be used by EnCana to acquire or
assist in acquiring other required permit(s) or right(s)-of-way.
G. EnCana agrees to fund and utilize third party contractors to expedite processing the
application. Third party assistance contractors may include, but are not limited to, contractors for
preparation of NEPA documents, assistance contractors for administrative functions, cultural
resource inventories, biological inventories and surveys, engineering and design surveys, clerical
staff support, NEPA adequacy reviews, resource specialist reviews, persons to aid in assembling
the case file record, and compliance inspectors.
2
22. Reimbursable Costs
A. In accordance with Section 28 of the Mineral Leasing Act of 1920, as amended, and 43
CFR 2883.1-1 (a)(3)(vi), EnCana also agrees to reimburse BLM for actual costs incurred by
BLM for processing the application to the decision as to issue or not issue a right(s)-of-way
grant(s), and on through compliance of the project if the grant is issued.
B. Further, in accordance with 43 CFR 2883.1-1(b), should a grant be issued, this Agreement
covers actual costs incurred by BLM for issuing a right(s)-of-way grant(s) and for monitoring the
construction, operation, maintenance and termination of project facilities authorized by such
right(s)-of-way grant(s).
C. EnCana accepts this Agreement as a decision under 43 CFR 2883.1-1(a)(4)(i) that the
application is appropriately a Category VI application and waives the right to appeal this decision
to the Interior Board of Land Appeals in accordance with 43 CFR Part 4.
D. Actual costs incurred by BLM includes direct and indirect costs, as described in Exhibit 1,
attached hereto and made a part of this Agreement. Exhibit 2, attached hereto and made a part of
this Agreement, is a financial plan of the estimated direct and indirect costs, expected to be
incurred by BLM, in processing the application. This cost estimate may be amended should
actual costs exceed estimated costs.
VI. Payment of Reimbursable Costs and Accounting
A. Subject to the provisions of Section II and III, EnCana shall reimburse BLM for all actual
costs incurred in processing amended right-of-way application COC -67267. The estimated total
actual costs for the project is $18,640; refer to Exhibit 2.
B. Immediately upon signing this Agreement, a deposit of $18,640 is required.
C. To avoid possible delays in processing the application, the account will be monitored and,
at such time that the balance drops to $1,000, additional funds shall be requested in response to
an invoice that will be generated by the BLM Service Center located in Denver, Colorado. Such
invoice shall be paid within fifteen (15) calendar days of receipt. It is anticipated that sufficient
funds are provided in this Agreement to reimburse the BLM; however, EnCana will be billed for
future additional funds if the funding requirements presented in this document are not adequate
to completely fund labor, etc., provided by the BLM. This agreement may be further amended
to cover services provided by Federal cooperating agencies. Deposits must be received in
advance of services rendered.
D. Periodic statements of the expenditures by BLM will be furnished to EnCana upon
request.
E. In the event that BLM actual costs exceed the estimated processing costs, EnCana will
pay the difference. In the event that reimbursement exceeds the final costs incurred, BLM will
3
promptly refund any excess amount.
F. Except as provided for in the paragraphs III. B., reimbursable funds, once obligated by
BLM, are not refundable to EnCana and will not be made refundable by termination of the
project, withdrawal of the application, or non -issuance of the right-of-way. If the project is
terminated or the application withdrawn, EnCana will reimburse BLM for those processing costs
incurred by BLM which are necessary for BLM to terminate its review of the application(s), and
which cannot be reasonably avoided during the interval between the date the Authorized Officer
receives written notice of termination of the project or withdrawal of the application(s) and the
date BLM terminates its review of the application. EnCana will reimburse BLM for any
additional expenses or obligations that cannot be reasonably avoided during the intervening 30
days between the notice and the effective date of termination.
G. EnCana shall have the right to conduct, at their own expense, by auditors or accountants
designated by the El Paso reasonable audits of the books, records, and documents of BLM
relating to the items on any accounting reports (located at BLM National Service Center in
Denver, CO and the Colorado State Office , as applicable). This information will be provided by
BLM at the place where such books, records, and documents are usually maintained and at
reasonable times. However, written notice of a desire to conduct such an audit must be given to
the BLM's Authorized Officer at least 15 days prior to such an audit and not later than the 90th
day after the close of the project for which the books, records and documents are sought to be
audited. Any such audits shall be completed within 60 days after receipt by EnCana of the
accounting reports containing the items to be audited.
H. Nothing herein shall be deemed to require BLM to maintain books, records, or
documents other than those usually maintained by the agencies, provided that such books,
records, and documents reasonably segregate and identify the costs for which reimbursements are
required. BLM will preserve such books, records, and documents for a period of at least two
years after the BLM submits a statement for reimbursement based on such books, records, and
documents. The auditors designated by EnCana shall have reasonable access to and the right to
copy, at their expense, all such books, records, and documents, including all audit reports
prepared by BLM, which result in costs for which reimbursement is required.
I. BLM shall have reasonable access to, and the right to copy, all audit reports prepared by
EnCana together with supporting documents in the possession of EnCana.
J. Questions and disputes arising from the subject matter of the Agreement shall be
addressed to the Project Manager or Authorized Officer for resolution.
VII. Effective Date
This Agreement shall be effective upon the date the agreement is signed by the BLM Authorized
Officer. The costs to be reimbursed to BLM are those costs associated with processing
right-of-way application COC -67267, incurred since the date the application was filed and work
commenced on this project; however, note that this Agreement may include the minor amount of
4
work that was performed in preparation for this project prior to when the application(s) was
received.
VIII. Termination
Either party to this Agreement may terminate this agreement after thirty (30) days prior written
notice to the BLM. EnCana is responsible for all costs incurred by BLM in the completion of this
project from the filing of the application through post grant compliance and termination. Post
grant is defined, for the purposes of the Agreement, as mitigation of potential impacts to cultural
resources, threatened or endangered species, or other impacted resources as applicable, and the
fulfillment of construction and reclamation, and the Plan of Development.
If EnCana terminates this agreement, their future cost obligation will cease immediately upon
their written notification. However, EnCana will reimburse BLM for processing costs incurred by
BLM in closing its review of the application and which cannot reasonably be avoided after BLM
receives written notice of termination of the Project or withdrawal of the application.
IX. Other Provisions
By executing this Agreement, EnCana does not waive any administrative or judicial right they
may otherwise have.
IX. Signatures of Agreement
For Bureau of Land Management For EnCana Gathering Services:
(Typed Name and Title) (Typed Name and Title)
Date: Date:
5
Exhibit 1.
Description of Direct and Indirect Costs
Direct costs are those costs which can be specifically identified with the application and which
are incurred for the benefit of El Paso in that the costs would not have been incurred but for the
application and are appropriate in order for BLM to process the application. Examples of direct
costs include, but are not limited to, personnel costs in the form of wages paid to BLM personnel
working on the application, with allowances provided for fringe benefits and leave surcharge rate
and any overtime associated with processing the application; travel expenses; purchased services,
if necessary, such as printing, automated data processing services and photographic reproduction;
and any miscellaneous supplies and equipment of a specialized nature, the use of which is directly
applicable to processing the application.
Indirect costs are those which cannot be specifically identified with the application. These
indirect costs have been calculated at a fixed rate of 18.6 percent of direct costs. This percentage
figure has been developed in accordance with Department of Interior procedures and represents
those administrative and program costs, excluding management overhead, which can be attributed
to processing the application. Indirect costs include a portion of the costs for capitalized and non -
capitalized equipment; space rental; telephone services; postage; personnel transfer costs; budget
and program development; administrative and clerical support; training; safety management;
public information, inquiries and reports; cartography and basic series mapping; aviation
management; telecommunications; maintenance of equipment and tools; and systems design and
implementation. Indirect costs are calculated at a fixed rate of 18.6 percent of direct costs. This
percentage figure has been developed in accordance with Department of Interior procedures.
Excluded from indirect costs are costs for managerial work; evaluations of field office activities;
program coordination; technical program direction; environmental education; interagency
planning; studies and research; preparation of environmental documents relating to general
program planning; law enforcement and firefighting.
6
Exhibit 2 - Financial Plan
Estimated cost designated for each office and designated tasks may change as the project is
processed, i.e., some tasks not mentioned here may be required. The dollar amounts may be
moved from one office with less work than is estimated to an office with more than work than is
estimated. This estimate is not "broken down" to BLM fiscal quarter estimate.
Office: Bureau of Land Management, Washington Office - WO 350
Tasks - include but are not limited to project management, managing NEPA process, attend
project and public meetings, advise Field and State Office, coordinate the NEPA process with
cooperating Federal and State agencies, field examinations, review documents, review and
approve Plan(s) of Development, adjudicate application, monitor project expenses, travel.
Calculation
Labor Costs
Operating Costs (Travel)
Total Labor and Operating Costs
$650.00
$650.00
Office: Bureau of Land Management, Colorado State Office
Tasks - include but are not limited to attending project and public meetings (including pre -work
meetings), advise Field Office, coordinate with other agencies, and travel.
Calculation
Labor Costs
Operating Costs (Travel)
Total Labor and Operating Costs
$650.00
$650.00
Office: Bureau of Land Management, Grand Junction Field Office
Tasks - include but are not limited to application adjudication, project management, attend project
and public meetings (including pre -work meetings), input and review of NEPA documents, field
examinations, travel, review Plan(s) of Development and its inclusions, such as Hazardous
Substances Contingency Plan, Erosion Control Plan, and the Compliance Plan, review and
approve cultural and threatened and endangered species reports, and construction and reclamation
compliance inspections.
Calculation
Labor Costs $13,650
Operating Costs (Travel, misc. purchases) $ 765
Total Labor and Operating Costs $14,415
Calculation for Total Project
Project - Total Labor &
Operating Costs
Indirect (18.6%)
Project - Total Estimated Costs
7
$15,715
$ 2,925 (rounded)
$ 18,640
Exhibit 2 - Work Sheet for Estimating Project Costs
Washington Office -350
Project Manager
Colorado States Office
Lands Program Leader
Other Staff
Grand Junction Field Office
Interdisciplinary Team
Environmental Coordinator
Management Direction/Input
Wildlife Biologist
T&E Species Coordinator
Cultural Resources
Realty Staff/Project Lead
Compliance Inspection
Work Months Average Work
Month Cost
0.10
$ 6,500
Work Months Average Work
Month Cost
0.05
0.05
$ 6,500
$ 6,500
Work Months Average Work
Month Cost
0.05
0.10
0.10
0.25
0.20
1.20
0.20
8
$ 6,500
$ 6,500
$ 6,500
$ 6,500
$ 6,500
$ 6,500
$ 6,500
Salaries
Travel
Totals
$650
Totals
$325
$325
Totals
$ 325
$ 650
$ 650
$ 1,625
$ 1,300
$ 7,800
$ 1,300
$ 14,950
$ 765
3/4 /14,4 (
6840 - SPECIAL STATUS SPECIES MANAGEMENT
Table of Contents
TC -I
.01 Purpose
.02 Objectives
.03 Authority
.04 Responsibility
.05 References
.06 Policy
.1 The Endangered Species Act
.11 Requirements under the ESA
A. Section 2 (Policy on conservation of listed species)
B. Section 4 (Determination of endangered species and threatened species and development
of recovery plans)
C. Section 5 (Land Acquisition)
D. Section 6 (Cooperation with States)
E. Section 7 (Interagency Cooperation)
F. Section 9 (Prohibited Acts)
G. Section 10 (Exceptions to Prohibited Acts)
H. Section 11 (Penalties and Enforcement)
I. Section 18 (Annual Cost Analysis by the Fish and Wildlife Service)
.12 BLM Policy Requirements
.2 Administration
.21 Administration of the ESA
A. Section 2 (Findings, purposes and policy)
B. Section 4 (Determination of endangered species and threatened species and development
of recovery plans)
C. Section 5 (Land Acquisition)
D. Section 6 (Cooperation with States)
E. Section 7 (Interagency Cooperation)
F. Section 9 (Prohibited Acts)
G. Section 10 (Exceptions to the ESA)
H. Section 11 (Penalties and Enforcement)
I. Section 18 (Annual Cost Analysis by the Fish and Wildlife Service)
J. Activities for which BLM has no discretion
.22 Conservation of Species other than under the ESA
A. Planning
B. Coordination and Cooperation with Tribes.
C. Agreements, Assessments, and Cooperative Strategies for Conservation
Glossary of Terms
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.01 Purpose. The purpose of this Manual Section is to provide policy and guidance, consistent
with appropriate laws, for the conservation of special status species of plants and animals, and
the ecosystems upon which they depend. These are species which are proposed for listing,
officially listed as threatened or endangered, or are candidates for listing as threatened or
endangered under the provisions of the Endangered Species Act (ESA); those listed by a State
in a category such as threatened or endangered implying potential endangerment or extinction;
and those designated by each State Director as sensitive. Conservation in this section and
pursuant to the ESA means the use of all methods and procedures which are necessary to
improve the status of federally listed species and their habitats to a point where the provisions
of the ESA are no longer necessary. Conservation of special status species means the use of
all methods and procedures which are necessary to improve the condition of special status
species and their habitats to a point where their special status recognition is no longer
warranted.
.02 Objectives. The objectives of the special status species policy are:
A. To conserve listed species and the ecosystems on which they depend.
B. To ensure that actions requiring authorization or approval by the Bureau of Land
Management (BLM or Bureau) are consistent with the conservation needs of special status
species and do not contribute to the need to list any special status species, either under
provisions of the ESA or other provisions of this policy.
.03 Authority.
A. Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended.
B. Sikes Act, Title II (16 U.S.C. 670g et seq.) , as amended.
C. The Federal Land Policy and Management Act of 1976 (43 U.S.C.1701 et seq.), as
amended. -
D. Departmental Manual 235.1.1.A., General Program Delegation, Director, Bureau of
Land Management.
E. Departmental Manual 632.1.1-1.6, Endangered Species Management.
F. Secretarial Order 3206 (American Indian Tribal Rights, Federal -Tribal Trust
Responsibilities, and the Endanger Species Act).
.04 Responsibility.
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3. Establishing programs to determine which special status species occur on public land,
the condition of the populations and their habitats, and how discretionary BLM actions
affect those species and their habitats.
4. Designating BLM sensitive species, and periodically reviewing and updating the BLM
sensitive species list, as appropriate, in coordination with State agencies that are responsible
for fisheries, wildlife, and botanical resources and State Natural Heritage programs.
5. Ensuring that provisions for the conservation of special status species, particularly the
objectives from approved recovery plans and conservation agreements, are incorporated in
land use plans and subsequent activity and interdisciplinary level plans.
6. Ensuring that all actions comply with the ESA, its implementing regulations, and other
directives associated with conserving special status species.
7. Ensuring appropriate consultations with the U. S. Fish and Wildlife Service (FWS) and
National Marine Fisheries Service (NMFS).
8. Designating a special status species program coordinator whose responsibilities are:
a. To maintain a cooperative working relationship with State and Federal agencies and
local conservation groups, especially the regional and local offices of the FWS and
NMFS.
b. To recommend policy and guidance changes when necessary to maintain consistency
with national level direction and to ensure compliance with the ESA and State laws
protecting special status species.
c. To recommend and develop training material to keep field offices current on policies
and direction changes.
d. To monitor implementation of the special status species program and recommend
changes to ensure compliance with law, regulation, and policy and maintain
effectiveness of the program.
F. Field Office Managers are responsible for implementing the special status species
program within their area of jurisdiction by:
1. Conducting and maintaining current inventories for special status species on public
lands.
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Wildlife Serv., Bureau of Land Management, Bureau of Reclamation, Minerals Management
Service, National Park Service, Bureau of Mines, U. S. Dept. of Transportation Coast Guard,
Federal Aviation Administration, Federal Highway Administration, and U. S. Environmental
Protection Agency on Implementation of the Endangered Species Act, September 29, 1994.
K. Memorandum of Understanding (MOU) (94-SMU-058) - U. S. Dept. of Agriculture and the
U. S. Dept. of the Interior Fish and Wildlife Service, Bureau of Land Management,
National Park Service, U.S. Dept. of Commerce National Marine Fisheries Service on
candidate species conservation, January 25, 1994.
L. Memorandum of Agreement ESA Section? Programmatic Consultations and Coordination
among Bureau of Land Management, Forest Service, National Marine Fisheries Service, and
Fish and Wildlife Service dated August 30, 2000.
M. BLM Manual Section1601 - Land Use Planning.
N. BLM Handbook 1-1-1601 - Land Use Planning Handbook.
0. BLM Handbook H -1790 -1 -NEPA Handbook.
P. BLM Handbook H-8160-1 - General Procedural Guidance for Native American
Consultation.
Q. BLM Handbook 1-1-8560-1 - Management of Designated Wilderness Areas.
R. BLM Handbook H-8550-1 - Interim Management Policy and Guidelines for Lands Under
Wilderness Review.
S. BLM Manual 1745 - Introduction, Transplant. Augmentation, and Reestablishment of Fish
Wildlife, and Plants.
.06 Policy. The policy of the BLM is described below.
A. Federally Listed Threatened and Endangered Species and Designated Critical Habitats.
1. The BLM shall conserve listed species and the ecosystems upon which they depend and
shall use existing authority in furtherance of the purposes of the ESA. Specifically the
BLM shall:
a. Determine, to the extent practicable, the occurrence, distribution, population
dynamics and habitat condition of all listed species on lands administered by BLM, and
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3. Cooperate with the FWS and NMFS in planning and providing for the recovery of listed
species. To accomplish this, the BLM shall:
a. As appropriate, participate on recovery teams and in recovery plan preparation, in
addition to participating on State or regional working teams responsible for listed species
recovery.
b. Review technical and agency drafts of recovery plans for species affected by BLM
management to ensure that proposed actions assigned to BLM are technically and
administratively feasible and consistent with BLM's mission and authority.
c. Cooperate with FWS and NMFS and non -Federal entities, as appropriate, in
preparation of Habitat Conservation Plans.
d. Ensure that decisions, standards and guidelines, and best management practices in
resource management plans and site-specific plans prepared for lands covered by
previously approved recovery plans are consistent with meeting recovery plan objectives
and terms and conditions of applicable biological opinions.
4. Retain in Federal ownership all habitat essential for the survival and recovery of any
listed species, including habitat that was used historically, that has retained its potential to
sustain listed species, and is deemed to be essential to their survival.
B. Federally Proposed Species and Proposed Critical Habitats. The BLM shall manage
species proposed for listing as threatened or endangered and proposed critical habitat with
the same level of protection provided for listed species and designated critical habitat except
that formal consultations are not required. Specifically, the BLM shall:
I. Confer with the FWS and/or NMFS on any action that is likely to adversely affect a
proposed species or proposed critical habitat.
2. Until the conference proceedings are completed, BLM shall not carry out any action that
would cause an irreversible or irretrievable commitment of resources such that it would
foreclose the formulation or implementation of a reasonable and prudent alternative that
might avoid jeopardy to the proposed species and/or prevent the adverse modification of
proposed critical habitat.
C. Candidate Species . Consistent with existing laws, the BLM shall implement
management plans that conserve candidate species and their habitats and shall ensure that
actions authorized, funded, or carried out by the BLM do not contribute to the need for the
species to become listed. Specifically, BLM shall:
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completeness of the state's BLM sensitive species list. The sensitive species designation is
normally used for species that occur on Bureau administered lands for which BLM has the
capability to significantly affect the conservation status of the species through management.
The State Director may designate additional categories of special status species as
appropriate and applicable to his or her state's needs. The sensitive species designation, for
species other than federally listed, proposed, or candidate species, may include such native
species as those that:
1. could become endangered in or extirpated from a state, or within a significant portion of
its distribution in the foreseeable future,
2. are under status review by FWS and/or NMFS,
3. are undergoing significant current or predicted downward trends in habitat capability
that would reduce a species' existing distribution,
4. are undergoing significant current or predicted downward trends in population or density
such that federally listed, proposed, candidate, or State listed status may become necessary,
5. have typically small and widely dispersed populations,
6. are inhabiting ecological refugia, specialized or unique habitats, or
7. are State listed but which may be better conserved through application of BLM sensitive
species status. Such species should be managed to the leve] of protection required by State
laws or under the BLM policy for candidate species, whichever would provide better
opportunity for its conservation.
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.1 The Endangered Species Act. On December 28, 1973, the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) became law and superseded earlier endangered species legislation, passed in
1966 and 1969, which focused on animals and which provided only limited protection to listed
species. The Endangered Species Act of 1973 was the first Federal legislation to include a
comprehensive effort to conserve plants and wildlife. The provisions of the ESA, as amended,
apply to plants and animals that have been listed as endangered or threatened, those proposed for
being listed, and designated and proposed critical habitat. The responsibility for carrying out the
ESA was assigned to the Federal Govemment (50 CFR Part 402).
.11 Requirements under the ESA. BLM requirements for management of federally listed and
proposed species come from the ESA. There are a total of 18 sections within the ESA, 9 of
which contain requirements or authorizations for the BLM. Listed below are those sections
which pertain to BLM with a summary of the BLM's requirements or authorizations under each.
A. Section 2 (Policy on conservation of listed species). BLM shall seek to conserve listed
species and shall utilize its authorities in furtherance of the purposes of the ESA. In
addition, BLM shall cooperate with State and local agencies to resolve water resource issues
in concert with conservation of endangered species.
B. Section 4 (Determination of endangered species and threatened species and development
of recovery plans). While predominately a requirement of FWS and/or NMFS, BLM should
provide relevant information to FWS and/or NMFS on species or habitats proposed for
listing and may petition to add a species to, or to remove a species from, the threatened or
endangered species list. In addition, BLM should provide information to the FWS and/or
NMFS on proposed critical habitat for lands the Bureau administers and cooperate, as
appropriate, with FWS/NMFS in developing recovery plans for listed species that occur on
Bureau administered lands.
C. Section 5 (Land Acquisition). Authorizes the Secretary to use Land and Water
Conservation funds to acquire lands to conserve fish, wildlife, and plants, including those
which are listed as endangered species or threatened species.
D. Section 6 (Cooperation with the States). Authorizes the Secretary to cooperate to the
maximum extent practicable with States including entering into management agreements
and cooperative agreements for the conservation of threatened and endangered species.
E. Section 7 (lnteragencv Cooperation). Outlines requirements and procedures for
interagency cooperation to conserve listed species and designated critical habitats. This
section:
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3. The BLM shall not violate any regulation established under Section 4 of the ESA
pertaining to threatened fish and wildlife or plants.
G. Section 10 (Exceptions to Prohibited Acts). This section identifies means by which
exceptions to Section 9 of the ESA can occur for activities that include scientific purposes,
establishment of experimental populations, or take that is incidental to, and not the purpose
of, the carrying out of an otherwise lawful activity. The BLM shall acquire appropriate
permits or authorizations to comply with the ESA and implementing regulations if its
actions would result in a prohibited act.
H. Section 11 (Penalties and Enforcement). Within its authority, BLM may modify,
suspend or revoke the lease, license, permit or other agreement authorizing the use of BLM
managed lands, of any person who is convicted of a criminal violation of the ESA or any
regulation, permit, or certificate issued pursuant to the ESA.
I. Section 18 (Annual Cost Analysis by the Fish and Wildlife Service). As requested by the
FWS, the BLM should provide a summary of its expenditures for the conservation of listed
species.
.12 BLM Policy Requirements. Actions authorized by BLM shall further the conservation of
federally listed and other special status species and shall not contribute to the need to list any
special status species under provisions of the ESA, or designate additional sensitive species
under provisions of this policy.
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.2 Administration. The BLM will conserve federally listed, proposed, candidate, sensitive, and
State listed species by fulfilling the requirements of the ESA and by using other authorized
methods to ensure that the actions authorized by BLM are consistent with the conservation of
such species and that they do not contribute to the need to list any special status species under
provisions of the ESA, or designate additional sensitive species under provisions of this policy.
.21 Administration of the ESA. The BLM will conserve listed species, designated critical
habitat, proposed species, and proposed critical habitat through administration of the various
sections of the ESA that apply to Federal agencies.
A. Section 2 (Findings, purposes and policy). The policy of the ESA, as stated in Section 2,
is that all Federal departments and agencies shall seek to conserve endangered species and
threatened species and shall utilize their authorities in furtherance of the purposes of this
Act. The BLM shall comply with all applicable sections of the ESA. In addition:
1. The BLM should continue its cooperative role in the Memorandum of
Understanding (MOU) on the implementation of the ESA, entered into with the U. S.
Forest Service, U. S. Department of Defense, U. S. Army Corps of Engineers,
NMFS, FWS, Bureau of Reclamation, Minerals Management Service, National Park
Service, U. S. Coast Guard, Federal Aviation Administration, Federal Highway
Administration, and U. S. Environmental Protection Agency (Implementation of the
Endangered Species Act, dated September 29, 1994). The purpose of the MOU was
to establish a general framework for cooperation and participation among the
cooperators in the exercise of their responsibilities under the ESA. To meet the
purpose of the MOU and the requirements of Section 2 of the ESA, the BLM should:
a. Seek to improve efficiency by combining efforts with the other cooperators
of the MOU to foster better working relationships and promote the
conservation of listed species.
b. Use its authorities to further the purposes of the ESA by carrying out
cooperative programs for the conservation of listed species .
c. Identify opportunities to conserve listed species and the ecosystems upon
which those species depend within existing BLM programs or authorities.
d. Determine whether BLM planning processes effectively help conserve
listed species and the ecosystems on which they depend.
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6840 - SPECIAL STATUS SPECIES MANAGEMENT
habitat. These petitions shall contain concise biological evidence to
substantiate any proposed change.
(1) Among other things a petition to delist a species must
demonstrate clearly that the recovery plan objectives have been met or
that there is new evidence to show that the conditions on which the
initial listing was based no longer exist. Petitions to delist should also
include a statement on how BLM intends to manage the species to
ensure that the provisions of the ESA will not be required in the
future.
(2) Petitions to list or delist species must be based solely on
substantial scientific information for the species and its habitat and
must address the five factors for listing included in Section 4 of the
ESA.
(3) All petitions shall be coordinated with the State agency having
responsibility for the species involved. information copies of all
petitions will be forwarded to the Washington Office, Fish, Wildlife
and Forests Group.
2. Recovery plans. Recovery plans are developed by the FWS and/or NMFS and
establish recovery objectives for a species, provide a listing of tasks necessary to
achieve those objectives, and recommend assignments to involved agencies to carry
out these tasks. A primary function of recovery plans is to combine programs of all
agencies involved in managing a species into a coordinated management effort.
BLM may adopt recovery plans. If BLM does adopt a recovery plan, BLM should
incorporate the objectives of the recovery plan into appropriate land use and activity
plans.
a. Recovery Teams. The FWS and/or NMFS often request that BLM
provide representatives to serve as members on recovery teams to assist in
preparation of recovery plans for species where public land has a significant
role in recovery. These requests usually include a suggestion for a particular
employee with special qualifications.
(1) State Directors should make employees with special expertise
available and to provide whatever support is necessary to help ensure
timely completion of recovery plans.
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6840 - SPECIAL STATUS SPECIES MANAGEMENT
a. BLM shall assess and determine the new status of the delisted species. If
the species is still State listed, then the provisions of policy regarding State
listed species will apply (.06D). If the species is not State listed, BLM shall
determine if it should become a BLM sensitive species (.06E).
b. A minimum 5 -year monitoring commitment is required for delisted
species under the ESA. BLM shall work with partners such as the FWS,
NMFS, State agencies, and others to monitor delisted species.
C. Section 5 (Land Acquisition). The BLM shall consider and seek opportunity for the
acquisition by purchase, donation, land exchange, conservation easement, or other means,
land, water, or interests for the purpose of conserving listed species, designated critical
habitat, proposed species, or proposed critical habitat.
D. Section 6 (Cooperation with States). Section 6 of the ESA requires cooperation between
the FWS and/or NMFS and States for the purposes of conserving any listed species. The
BLM should assist with this, as follows:
1. The BLM should provide technical assistance to, and coordinate with, State
agencies responsible for the conservation of endangered and threatened species at the
state level.
2. The BLM shall comply with State laws protecting listed species for all programs
and actions to the extent that State laws are consistent with FLPMA and other
Federal laws.
E. Section 7 (Interagency Cooperation). Section 7(a)(1) requires the BLM to utilize their
authorities in furthering the purposes of the Act by implementing programs for the
conservation of threatened and endangered species. To meet the requirements of Section
7(a)(1) the BLM will include a discussion of conservation programs for threatened and
endangered species separate from any consultation requirements in the NEPA document for
actions affecting listed species. The requirements of Section 7(a)(2) are to be carried out in
consultation with and with the assistance of the Secretary of the Interior and the Secretary of
Commerce. The procedures for can-ying out this consultation are included in 50 CFR Part
402, Interagency Cooperation. The need to initiate a consultation is usually determined by
the BLM and is based on an analysis to determine if a listed species or its habitat may be
affected by a proposed action. If a listed species is known or suspected to occur on land that
will be affected by an action, and BLM determines that individuals, populations, or
designated critical habitat may be affected by the action, either positively or negatively; then
BLM must initiate consultation. FWS and/or NMFS may request BLM to enter into
consultation if they identify an action for which there has been no consultation that may
affect a listed species or designated critical habitat.
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6840 - SPECIAL STATUS SPECIES MANAGEMENT
2. Environmental Baseline, Direct Effects Indirect Effects, and Interrelated and
Interdependent Actions and Effects. To decide if consultation under Section 7 is
necessary, the BLM needs to determine if its action within an action area may affect
a listed species or designated critical habitat or is likely to adversely affect a
proposed species or proposed critical habitat. The effects can be negative, benign, or
beneficial to the listed or proposed species and critical habitat. The BLM shall
evaluate the direct and indirect effects and the effects of interrelated and
interdependent actions on the listed or proposed species and designated or proposed
critical habitat as compared to the environmental baseline. Cumulative effects are
considered relative to the requirements of the ESA only during the formal
consultation process and are discussed in Section .21.E.5.b. The baseline and effects
are defined as:
a. Environmental Baseline. The environmental baseline is the condition of a
species or critical habitat at a specified point in time. The baseline does not
include effects of the action under review for consultation. It does include the
tribal, State, local and private actions already affecting a species or critical
habitat or those that will occur while the consultation is in progress. Federal
actions, unrelated to the action under consultation, that have affected or are
affecting the species or critical habitat and have a completed formal or early
consultation, are also part of the baseline.
b. Direct Effects. Those effects caused by or that will result from the action
and will occur in the same time and place.
c. Interrelated and Interdependent Actions and Effects. Interrelated actions
are those actions that are part of a larger action and depend on the larger
action for their justification. Interdependent actions are those that have no
independent utility apart from the action under consideration. The "but, for"
test should be used to assess whether an action is interrelated or
interdependent to the proposed action. If the activity would not occur but for
the proposed action, then the activity is interrelated or interdependent and
must be considered during consultation on the proposed action.
d. Indirect Effects. Those effects caused by or that will result from the action
and are later in time or farther removed in distance, but are reasonably certain
to occur.
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4. Conference on Proposed Species and Proposed Critical Habitat. Section 402.10
of 50 CFR provides the procedures necessary for compliance with Section 7(a)(4) of
the ESA.
a. BLM shall confer with the FWS and/or NMFS on any action that is likely
to jeopardize the continued existence of any proposed species or result in the
destruction or adverse modification of proposed critical habitat.
b. In order to meet policy objectives, BLM shall also confer on an action or
project that may affect and is likely to adversely affect a proposed species or
proposed critical habitat although this step is not required by the ESA or
regulations.
c. For proposed species, the BLM should request formal conference in
anticipation of future listing. Formal conference follows the procedures for
formal consultation. The conference opinion issued at the conclusion of a
formal conference may be adopted as the biological opinion once the species
or critical habitat is listed or designated provided the project proposal has not
changed and no new pertinent information exists. The FWS and/or NMFS
usually provides advisory recommendations on ways to avoid or minimize
adverse effects.
d. The BLM should consider the advisory recommendations for minimizing
or avoiding adverse effects to proposed species or proposed critical habitat
that are provided by the FWS and/or NMFS in the conference report from a
non -formal conference or conference opinion from a formal conference.
Implementation of recommendations is at the discretion of the BLM.
5. Formal Consultation. Formal consultation is required on all actions that may
affect a listed species, its habitat, or any designated critical habitat (50 CFR Part
402.14), unless written concurrence that an action is not likely to adversely affect the
species is received from FWS and/or NMFS. When it is determined by the BLM that
a proposed action may affect and is likely to adversely affect a listed species or
designated critical habitat, BLM shall initiate formal consultation. Formal
consultation is conducted to determine if the proposed action, taken together with
cumulative affects is likely to jeopardize the continued existence of a listed species
or result in the destruction or adverse modification of designated critical habitat.
Formal consultation is initiated with submission of a biological assessment and a
written request to initiate formal consultation.
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6840 - SPECIAL STATUS SPECIES MANAGEMENT
(1) The BLM may submit the appropriate cumulative effects analysis
that is required for NEPA compliance. However, the ESA and NEPA
requirements for cumulative effects analysis are different. For the
ESA, future Federal actions unrelated to the proposed action are not
considered part of cumulative effects because they will require a
separate evaluation for consultation. The NEPA definition includes
the incremental effects of the action plus the effects of other past,
present, and reasonably foreseeable future actions regardless of the
source, Federal or non -Federal. If the NEPA cumulative effects
analysis is submitted, BLM should make the distinction between the
ESA cumulative effects and NEPA cumulative effects.
c. Irreversible and Irretrievable Commitment of Resources. Once a request
for formal consultation is made, BLM shall ensure that the agency and any of
its applicants do not make any irreversible or irretrievable commitments of
resources on public land with respect to the consulted action, that have the
effect of foreclosing the formulation or implementation of any reasonable and
prudent altematives that could avoid jeopardy to listed species or destruction
or adverse modification of designated critical habitat. In coordination with
the FWS and/or NMFS, BLM shall immediately evaluate any ongoing
projects that are part of an ongoing consultation to determine if there will be
any such irreversible or irretrievable commitments of resources. Any BLM
discretionary actions with such irreversible or irretrievable commitments of
resources shall be immediately suspended until consultation has concluded
and it is determined that the subject project can comply with the biological
opinion or be appropriately modified to eliminate adverse effects.
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6840 - SPECIAL STATUS SPECIES MANAGEMENT
(2) During any stage of consultation the BLM notifies the FWS and/or
NMFS in writing that the proposed action is not likely to occur.
(3) During any stage of consultation the BLM determines, with the
written concurrence of the FWS and/or NMFS, that the proposed
action is not likely to adversely affect any listed species.
(4) The BLM notifies the FWS and/or NMFS in writing thatit will
accept one of the reasonable and prudent alternatives and accept other
mandatory requirements.
f. BLM responsibility after issuance of the biological opinion. After the
FWS and/or NMFS issues the biological opinion, the BLM determines how it
will proceed.
(1) BLM shall notify FWS and/or NMFS in writing of its final
decision on any proposed actions that receive a jeopardy or adverse
modification of critical habitat determination in the biological
opinion. If the BLM determines that it cannot comply with the
requirements of Section 7(a)(2) (no jeopardy) of the ESA, it may
apply for exemption.
(2) After acceptance of the biological opinion, BLM shall implement
the proposed action or reasonable and prudent alternative as described
and shall implement all mandatory terms and conditions. BLM shall
review conservation recommendations in biological opinions and
implement them if they are consistent with BLM land use planning
and policy and they are technologically and economically feasible.
g. Reinitiation. The BLM in writing shall reinitiate consultation if one or
more of the four conditions occur: (1) the amount or extent of incidental take
is exceeded; (2) new information reveals effects of the action that may affect
listed species or designated critical habitat in a manner or extent not
previously considered; (3) the action is modified in a manner causing an
effect to listed species or critical habitat not previously considered; (4) a new
species is listed or critical habitat is designated which may be affected by the
action. The State Director or Field Manager of the administrative unit that
received the biological opinion shall determine if a reinitiation condition has
occurred and shall reinitiate the consultation, if needed, with the appropriate
FWS and/or NMFS -office.
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.21E5i(4)(B)
6840 - SPECIAL STATUS SPECIES MANAGEMENT
(B) If a required biological assessment will not be completed
within the 180 day time period, after receipt of or concurrence
with the species list, the BLM shall provide the applicant with
a written statement setting forth the estimated length of the
proposed extension and the reasons why such an extension is
necessary.
(C) If requested by the applicant, the BLM should request a
copy of the draft biological opinion from the FWS and/or
NMFS, provide a copy to the applicant, and forward any
applicant comments to the FWS and/or NMFS.
(D) The BLM should encourage the FWS and/or NMFS to
discuss the basis for the biological determination in the
biological opinion to enhance the applicant's understanding of
the outcome. BLM will also involve the applicant in
discussions with FWS and/or NMFS to develop reasonable
and prudent alternatives to the proposed action in instances
where a proposed action is determined to be likely to
jeopardize the continued existence of a listed species or result
in the destruction or adverse modification of designated
critical habitat.
j. Designation of non -Federal Representative. The BLM may designate a
non -Federal representative to conduct informal consultation or prepare a
biological assessment under 50 CFR Part 402.08. However, the ultimate
responsibility for compliance with Section 7 of the ESA remains with the
BLM.
(1) The BLM shall provide written notice to the FWS and/or NMFS
if it designates a non -Federal representative.
(2) An applicant may be the designated non -Federal representative.
If an applicant is involved and is not the designated non -Federal
representative, then the applicant and BLM must agree on the choice
of the designated non -Federal representative.
(3) The BLM shall furnish guidance and supervision and shall
independently review and evaluate the scope and contents of the
biological assessment prepared by the designated non -Federal
representative.
BLM MANUAL Rel. 6-121
Supersedes Rel. 6-116 1/19/01
.21 E6a
6840 - SPECIAL STATUS SPECIES MANAGEMENT
a. The Director has sole authority to make an exemption application if the
BLM is the exemption applicant.
b. The application for an exemption shall be submitted to the Secretary of the
Interior or Secretary of Commerce, as appropriate, within 90 days following
the termination of the consultation process.
c. Procedures for applications for exemption are in 50 CFR Part 451.
7. Consultation and Conference Approaches. A number of approaches to improve
the efficiency and effectiveness of Section 7 consultation and conference have been
utilized in various areas of the BLM. The overall goal is to enhance compliance with
obligations under Section 7(a)(1) and 7(a)(2). The Director, State Directors and
Field Managers, in cooperation with other Federal agencies, should develop and
utilize techniques to further the consultation and conference process, such as the
Interagency Memorandum of Agreement ESA Section? Programmatic Consultations
and Coordination among BLM, FS, NMFS, and FWS dated August 30,•2000.
Examples of these approaches are:
a. Completing and using national, ecosystem or regional level consultations
and conferences that address broad scale programs or wide ranging species or
critical habitats. The BLM should tier to and utilize the information, analysis,
and determinations of effects of these consultations and conferences to the
greatest extent practicable when consulting or conferring at more local or
proj ect-specific levels.
b. Consulting and conferring jointly with other Federal agencies on programs
or actions affecting the same species or critical habitats in the same project or
geographic area.
c. Completing combined consultations and conferences with FWS and
NMFS together when programs or actions include effects on species or
critical habitats under both agencies' jurisdictions (e.g., an action affects both
listed plants and anadromous fish).
d. When programmatic consultation results in biological opinions that
provide conservation recommendations or design criteria for future agency
proposals, considering these recommendations or design criteria in the
development of future proposals. If these future proposals are designed to be
consistent with these recommendations or criteria, consultation will be
facilitated and compliance with Sections 7(a)(1) and 7(a)(2) furthered.
BLM MANUAL Rel. 6-121
Supersedes Rel. 6.116 1/19/01
.21G1a(1)
6840 - SPECIAL STATUS SPECIES MANAGEMENT
statement will specify the impact, i.e. the amount or extent, of such incidental
take; specify those reasonable and prudent measures that FWS and/or NMFS
considers necessary or appropriate to minimize such impact; set forth the
terms and conditions (including, but not limited to, reporting requirements)
that must be complied with by the BLM or any applicant; specify procedures
to be used to handle or dispose of any individuals of a species actually taken,
and monitor and report the impact on the species to FWS and/or NMFS.
(1) Biological opinions for plants do not contain an incidental take
statement, only conservation recommendations. To the extent
practicable, the BLM should implement such recommendations.
b. If an incidental take statement from a biological opinion is not applicable
for an action, the BLM shall obtain a Section 10 permit from the FWS and/or
NMFS for take of listed fish or wildlife or removal or reduction to possession
of listed plants under 50 CFR Part 17 prior to conducting activities for
scientific purposes, including scientific studies for biological assessments
prior to Section 7 consultation.
(1) For federally threatened fish and wildlife species that have special
rules identified in 50 CFR Parts 17 Subpart B, the BLM shall follow
the special rules in lieu of obtaining a Section 10 permit.
(2) A conservation plan (usually a Habitat Conservation Plan) is
required for a Section 10 permit.
c. For potential take of any experimental fish or wildlife species or removal
or reduction to possession of any experimental plant outside of those allowed
under biological opinions, the BLM shall follow permit requirements in
special rules identified in 50 CFR Part 17 Subpart B.
d. A conservation agreement does not authorize take.
e. An incidental take statement provided with a conference opinion does not
become effective unless the FWS and/or NMFS adopts the conference
opinion as the final biological opinion once the listing is final.
f. With early consultation, the incidental take statement provided with a
preliminary biological opinion does not constitute a statement of anticipated
take under Section 10 of the ESA unless it is confirmed by the FWS and/or
NMFS as the final biological opinion.
BLM MANUAL Rel. 6-121
Supersedes Rel. 6-116 1/19/01
.21G2b
6840 - SPECIAL STATUS SPECIES MANAGEMENT
b. Management. BLM shall treat essential experimental populations as
threatened species, and nonessential experimental populations as proposed
species for purposes of Section 7 (other than subsection 7(a)(I)). For
nonessential experimental populations, this means:
(1) Incidental take can occur without specific authorization by FWS
and/or NMFS.
(2) Conferencing (as opposed to consultation) is required.
(3) As required by Section 7(a)(1), the BLM shall use its authorities
to conserve these populations.
c. Planning. Planning efforts must reflect those actions necessary for
recovery of species to the extent BLM management can influence recovery:
State Directors and field managers will:
(1) Keep informed on recovery plan development so needs can be
addressed during planning.
(2) Ensure participation with FWS and/or NMFS in developing
recovery needs for species that may have experimental population
designation.
d. Wilderness. In some cases, it is appropriate to transplant and reintroduce
listed species into their historic ranges within designated wilderness and
wilderness study areas. BLM shall use only the minimum actions necessary
and the methods most appropriate for wilderness areas. Further information
on guidelines for fish and wildlife is contained in BLM Handbook H-8560-1
for wilderness areas, in H-8550-1 for wilderness study areas, and in MS 1745
for Introductions and Transplants.
H. Section 11 (Penalties and Enforcement). The BLM shall exercise all of its authorities to
ensure compliance with the ESA. The BLM may modify, suspend or revoke the lease,
license, permit or other agreement of a person who is convicted of a criminal violation of the
ESA or any regulation, permit, or certificate issued pursuant to the ESA.
I. Section 18 (Annual Cost Analysis by the Fish and Wildlife Service). The BLM shall
provide to FWS a summary of its expenditures on the conservation of listed species for FWS
annual expenditure report to Congress.
BLM MANUAL Rel. 6-121
Supersedes Rel. 6-116 1/19/01
.22B
6840 - SPECIAL STATUS SPECIES MANAGEMENT
provisions of the ESA are not necessary, current listings under special status species
categories are no longer necessary, and future listings under special status species categories
would not be necessary.
B. Coordination and Cooperation with Tribes. The relationship between the United States
and Indian tribes is defined by treaties, statutes, executive orders, judicial decisions, and
agreements, and differentiates tribes from other entities that deal with, or are affected by, the
Federal government. Tribes are self-governing with fundamental rights to set their own
priorities and make decisions affecting their resources and distinctive ways of life.
However, as with other entities, coordination on the conservation and management of
resources would benefit the tribal resources and public resources as they relate to special
status species.
1. Secretarial Order 3206 on American Indian Tribal Rights, Federal -Tribal Trust
Responsibilities, and the ESA. The Secretarial Order, signed on June 5, 1997, by the
Secretary of the Interior and Secretary of Commerce clarifies the responsibilities of
agencies of the Department of the Interior and Department of Commerce when
actions taken under the authority of the ESA and associated implementing
regulations affect, or may affect, Indian land, tribal trust resources, or the exercise of
American Indian tribal rights. The Secretarial Order does not apply to Alaska. In
addition to BLM Policy 8160, the BLM shall administer the conservation provisions
of the Secretarial Order as follows:
a. Whenever the BLM is aware that its actions planned under the ESA may
impact tribal trust resources, the exercise of tribal rights, or Indian lands, the
BLM shall consult (as defined in BLM Handbook H8160-1 and distinct from
ESA consultation procedure) with the tribes that are affected and seek their
participation to the maximum extent practicable. This shall include providing
affected tribes adequate opportunities to participate in data collection,
consensus seeking, and associated processes.
b. The BLM shall assist Indian tribes in developing and expanding tribal
programs that promote the health of ecosystems upon which special status
species depend. This includes:
(1) Offering and providing such scientific and technical assistance
and information as may be available for the development of tribal
conservation and management plans to promote the maintenance,
restoration, enhancement and health of the ecosystems upon which
special status species depend.
BLM MANUAL Rei. 6-121
Supersedes Rel. 6-116 1/19/01
.22C1
6840 - SPECIAL STATUS SPECIES MANAGEMENT
1. Requests for Technical Assistance on Candidate Species. The FWS and/or NMFS
may have additional information on candidate species that was used as the basis for
adding the species to the candidate species list. Although requests for technical
assistance are not required by any statute, the BLM would best serve the interests of
the public and the species involved by ensuring that the best scientific information
available is used to make final decisions. To help ensure that the best scientific data
are available, the BLM shall request technical assistance and information from the
FWS and/or NMFS as needed on candidate species for use in the BLM decision-
making process to avoid actions that contribute to the need to list. The FWS and/or
NMFS often provide advisory recommendations for reducing adverse effects to
candidate species.
2. Habitat Conservation Assessments and Conservation Agreements. In an effort to
eliminate the need for listings under the ESA, the BLM shall participate in developing
habitat conservation assessments leading to conservation agreements for proposed,
candidate, and sensitive species, groups of species, or specific ecosystems. This is
pursuant to the MOU (94-SMU-058, dated June 25, 1994) entered into by the BLM,
U. S. Forest Service, FWS, NMFS and the National Park Service to establish an
interagency framework for cooperation and participation to achieve this objective.
BLM's role in implementing the MOU is as follows:
a. State Directors and line managers shall make available employees with
appropriate skills and expertise to support cooperative efforts for the
development and implementation of habitat conservation assessments and
conservation agreements.
b. State Directors and line managers should identify opportunities for habitat
conservation assessments or, if none exists, initiate the development of these
assessments and conservation agreements for the purpose of furthering the
conservation of the subject species on BLM-administered and other lands.
c. The BLM should use habitat conservation assessments to develop
conservation agreements that outline the procedural assurance necessary to
reduce, eliminate, or mitigate specific threats to proposed, candidate, or
sensitive species; to develop an ecosystem management approach to
conservation on Federal lands; to facilitate coordination and cooperation with
others, such as States and private entities, to achieve species and habitat
conservation through an ecosystem management approach that extends
beyond Federal land.
BLM MANUAL Rel. 6-121
Supersedes Rel. 6-116 1/19/01
.22D3c(2)
6840 - SPECIAL STATUS SPECIES MANAGEMENT
(2) State and local governments, such as govemor's offices, county
commissioners, and city councils, county extension units, watershed
councils, and resource conservation districts. and interested
landowners.
(3) Federal advisory groups, such as Resource Advisory Councils,
Provincial Advisory Boards, and Grazing Advisory Boards.
(4) Research entities, such as the Biological Resource Division of the
U. S. Geological Survey, and university researchers.
(5) Professional societies, such as The Wildlife Society, the American
Fisheries Society, and the Society for Ecological Restoration.
(6) Groups representing private sector interest in resources and
resource uses, such as Trout Unlimited, National Audubon Society,
The Nature Conservancy, National Cattlemen's Beef Association, and
American Sports Tackle Manufacturers.
d. The BLM's role in partnerships and cooperative relationships should
include, but not be limited to, developing conservation programs based on
ecosystem management; providing expertise for programs affecting lands
outside of the public land if benefits to BLM managed resources may result;
and developing challenge cost -share projects, to support conservation
activities.
4. Ecosystem Management and Native Biodiversitv. BLM management should take
into consideration ecosystem management and the conservation of native biodiversity
to reduce the likelihood of placing any native species on a special status species list.
a. For rangelands, the BLM shall take actions that progress towards the
conditions indicating attainment of the Fundamentals of, Rangeland Health
(described in 43 CFR 4180.1) and associated Standards (43 CFR 4180.2).
Such actions would include management that restores, protects or enhances
those resources necessary to support, as site potential and BLM authorities
allow, a full complement of native species in their historical proportions.
b. The BLM should participate in and coordinate with State Natural Heritage
Programs.
BLM MANUAL Rel. 6-121
Supersedes Rel. 6-116 1/19/01
Glossary, Page 1
6840 - SPECIAL STATUS SPECIES MANAGEMENT
Glossary of Terms
-A-
action, activities, or programs: unless attributed to another entity, all actions of any kind authorized,
funded, or carried out by BLM in whole or part. Examples include, but are not limited to: (1)
actions intended to conserve special status species or their habitat; (2) the promulgation of
regulations; (3) the granting of licenses, contracts, leases, easements, rights-of-way, permits, or
grants-in-aid; (4) loss of habitat or transferring habitat out of Federal ownership; or (5) actions
directly or indirectly causing modifications to the land, water, or air.
action area: areas to be affected directly or indirectly by the action, not merely the immediate area
involved in the action.
adversely (adverse) affect: to have a detrimental effect on any or all portions of the life cycle of a
threatened or endangered species or on its habitat or a component thereof.
advisory recommendations: recommendations provided by the FWS during informal consultation,
conferences, or as technical assistance on candidate species, proposed species, or proposed
critical habitat that assist in minimizing or avoiding effects of proposed actions.
animals: any member of the animal kingdom, including without limitation any mammal, fish, bird,
amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate, and includes any part,
product, egg, or offspring thereof, or the dead body or parts thereof. As used here, the words
"animals," "fish or wildlife," and "wildlife" are interchangeable.
applicant: any person who requires formal approval or authorization from BLM as a prerequisite to
conducting an action. This can include an individual, corporation, partnership, trust, association, or
any other private entity; or any officer, employee, agent, department, or instrumentality of the
Federal Govemment, of any State, municipality, or political subdivision of a State, or of any foreign
government; any State, municipality, or political subdivision of a State; or any other entity subject to
the jurisdiction of the United States.
-B-
batched consultation or batched conference: a single consultation or conference effort and biological
assessment on a logical grouping of projects, activities, or programs of a similar nature.
Projects, activities, or programs typically should occur in the same watershed, geographic area,
administrative units or have some other elements in common. The biological assessment may
be interagency (e.g., BLM and FS). The intent is to facilitate the consultation and conference
process.
BLM MANUAL Rel. 6-121
Supersedes Rel. 6-116 1/19/01
Glossary, Page 3
6840 - SPECIAL STATUS SPECIES MANAGEMENT
conference report: document issued by the FWS and/or NMFS as a result of conference process that
includes conclusions and advisory recommendations to the Federal agency and applicant.
conservation (also conserve and conserving): 1) Definition from ESA Section 3(3) and as applied to
threatened, endangered and proposed species in this policy: to use, and the use of, all methods
and procedures that are necessary to bring a listed species to the point at which the measures of
the ESA no longer apply. Methods and procedures of conservation include, but are not limited
to, all activities associated with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live trapping, and transportation,
and, in the extraordinary case where population pressures within a given ecosystem cannot be
otherwise relieved, may include regulated taking of animals. 2) As applied to other special status
species, to use, and the use of, methods and procedures such that there is no longer any threat to
their continued existence or need for continued listing as a special status species.
conservation agreement: A formal written document agreed to by FWS and/or NMFS and another
Federal agency, State agency, local government, or the private sector to achieve the conservation
of candidate species or other special status species through voluntary cooperation. It documents
the specific actions and responsibilities for which each party agrees to be accountable. The
objective of a conservation agreement is to reduce threats to a special status species or its habitat.
An effective conservation agreement may lower species' listing priority or eliminate the need for
listing.
conservation recommendations: non -mandatory suggestions by the FWS and/or NMFS in biological
opinions which will reduce any adverse effects of a proposed action on listed species or critical
habitat, or which will assist the BLM in complying with its obligations under Section 7 of the
ESA, especially Section 7(a)(1) [see 50 CFR 402.02].
consultation with tribes: As defined in BLM Handbook H8160-1, the active, affirmative process of
(1) identifying and seeking input from appropriate Native American governing bodies,
community groups, and individuals and (2) considering their interests as a necessary and integral
part of the BLM's decision making process.
critical habitat: (1) the specific areas within the geographical area currently occupied by a specie, at
the time it is listed in accordance with the -ESA, on which are found those physical or biological
features (i) essential to the conservation of the species and (ii) that may require special
management considerations or protection, and (2) specific areas outside the geographical area
occupied by a species at the time it is listed upon determination by the FWS and/or NMFS that
such areas are essential for the conservation of the species. Critical habitats are designated in 50
CFR Parts 17 and 226. The constituent elements of critical habitat are those physical and
biological features of designated or proposed critical habitat essential to the conservation of the
species, including, but not limited to: (1) space for individual and population growth, and for
normal behavior; (2) food, water, air, light, minerals, or other nutritional or physiological
BLM MANUAL Rel. 6-121
Supersedes Rel. 6-116 - 1/19/01
Glossary, Page 5
6840 - SPECIAL STATUS SPECIES MANAGEMENT
experimental populations: an introduced population (including any offspring arising solely
therefrom) that has been so designated in accordance with the procedures of 50 CFR Subpart H
Section 17.80 but only when, and at such times as, the population is wholly separate
geographically from non -experimental populations of the same species. Where a part of an
experimental population overlaps with natural populations of the same species on a particular
occasion, but is wholly separate at other times, specimens of the experimental population will
not be recognized as such while in the area of overlap. That is, experimental status will only be
recognized outside the areas of overlap. Thus, such a population shall be treated as
experimental only when the times of geographic separation are reasonably predictable; e.g.
fixed migration patterns, natural, or manmade barriers. A population is not treated as
experimental if total separation will occur solely as a result of random and unpredictable events.
essential experimental population: an experimental population whose loss would be likely
to appreciably reduce the likelihood of the survival of the species in the wild. All other
experimental populations are to be classified as nonessential.
nonessential experimental populations: those populations whose loss would not appreciably
affect the continued existence of the species.
fish or wildlife: see animals.
formal conference: see conference.
-F-
formal consultation: a component of the consultation process under Section 7 of the ESA that
commences with the BLM's written request for consultation after it has determined that its
action may affect and is likely to adversely affect listed species or designated critical habitats.
-H-
habitat: the place where an organism (plant or animal) lives. There are four major divisions of
habitat, namely, terrestrial, freshwater, estuarine, and marine.
habitat conservation assessment: A comprehensive, state -of -knowledge technical document that
describes life history, habitat requirements and management considerations for a species or
group of species throughout its occupied range on the lands managed by the cooperating
agencies. Habitat conservation assessments are often done as a forerunner to preparation of a
conservation agreement.
BLM MANUAL Rel. 6-121
Supersedes Rel. 6.116 1/19/01
Glossary, Page 7
6840 - SPECIAL STATUS SPECIES MANAGEMENT
may affect: the conclusion that a proposed action may pose any effect on listed species or designated
critical habitat.
multiple use: the management of the public lands and their various resource values so that they are
utilized in the combination that will best meet the present and future needs of the American
people; making the most judicious use of the land for some or all of these resources or related
services over areas large enough to provide sufficient latitude for periodic adjustments in use to
conform to changing needs and conditions; the use of some land for less than all of the resources;
a combination of balanced and diverse resource uses that takes into account the long-term needs
of future generations for renewable and nonrenewable resources, including, but not limited to,
recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and
historical values; and harmonious and coordinated management of the various resources without
permanent impairment of the productivity of the land and the quality of the environment with
consideration being given to the relative values of the resources and not necessarily to the
combination of uses that will give the greatest economic return or the greatest unit output
(FLPMA).
-P-
person: an individual, corporation, partnership, trust, association, or any other private entity, or any
officer, employee, agent, department, or instrumentality of the Federal Government, or any State
or political subdivision thereof, or of any foreign government.
plant: any member of the plant kingdom, including seeds, roots, flowers, and other parts thereof
preliminary biological opinion: an opinion issued by the FWS and/or NMFS as a result of early
consultation.
programmatic consultation: consultation addressing an agency's multiple actions on a program,
regional or other basis.
proposed critical habitat: habitat proposed in the Federal Reeister to be designated as critical habitat
under Section 4 of the Endangered Species Act.
proposed species: see special status species.
-R-
reasonable and prudent alternatives: those alternatives identified during consultation that can be
implemented in a manner consistent with the intended purpose of the action, can be implemented
consistent with the scope of the action agency's legal authority and jurisdiction, are economically
and technologically feasible, and would avoid the likelihood of jeopardizing the continued
BLM MANUAL Rel. 6-121
Supersedes Rel. 6-116 1/19/01
Glossary, Page 9
6840 - SPECIAL STATUS SPECIES MANAGEMENT
(4) State listed species -species listed by a State in a category implying but not limited to
potential endangerment or extinction. Listing is either by legislation or regulation.
(5) sensitive species are those designated by a State Director, usually in cooperation with the
State agency responsible for managing the species and State Natural heritage programs, as
sensitive. They are those species that: (1) could become endangered in or extirpated from a
State, or within a significant portion of its distribution; (2) are under status review by the
FWS and/or NMFS; (3) are undergoing significant current or predicted downward trends in
habitat capability that would reduce a species' existing distribution; (4) are undergoing
significant current or predicted downward trends in population or density such that federal
listed, proposed, candidate, or State listed status may become necessary; (5) typically have
small and widely dispersed populations; (6) inhabit ecological refugia or other specialized or
unique habitats; or (7) are State listed but which may be better conserved through application
of BLM sensitive species status.
status review: process of examination by FWS and/or NMFS to determine if a species situation
warrants protection under the ESA. Results are published in the Federal Register.
survival: for determination of jeopardy or adverse modification, the species' persistence as listed or
as a subset identified by the FWS and/or NMFS for recovery management purposes, beyond the
conditions leading to its endangerment, with sufficient resilience to allow for the potential
recovery from endangerment. It is the condition in which a species continues to exist into the
future while retaining the potential for recovery. This condition is characterized by a species
with a sufficient population, represented by all necessary age classes, genetic heterogeneity, and
number of sexually mature individuals producing viable offspring, which exists in an
environment providing all requirements for completion of the species' entire life cycle,
including reproduction, sustenance, and shelter.
-T-
take: harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage
in any such conduct. The term applies only to fish and wildlife.
(1) incidental take Any taking otherwise prohibited, if such taking is incidental to, and not the
purpose of, the carrying out an otherwise lawful activity.
(2) harm as used in the definition of take means to commit an act which actually kills or injures
wildlife. Such act may include significant habitat modification or degradation where it
actually kills or injures wildlife by significantly impairing essential behavior patterns,
including breeding, feeding, or sheltering.
BLM MANUAL Rel. 6.121
Supersedes Rel. 6.116 1/19/01
REPLY TO
ATTENTION OF
DEPARTMENT OFTHE ARMY
U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
CORPS OF ENGINEERS
1325 J STREET
SACRAMENTO, CALIFORNIA 95814-2922
February 26, 2004
Regulatory Branch (200475068)
Mr. Cody W. Smith
Field Technician
Wagon Wheel Consulting
111 East Third Street, Suite 213
Rifle, Colorado 81650
Dear Mr. Smith:
I am responding to your request for a Department of the Army
permit on behalf of EnCana Gathering Services to construct a
natural gas pipeline at 55 crossings of waters of the United
States. The proposed project originates approximately two miles
north of the Town of Parachute, Colorado, and parallels the
existing Williams pipeline to a point approximately four miles
northeast of the Town of Debeque. From that location, the
proposed pipeline would continue northwest across Bureau of Land
Management property and terminate approximately four miles north
of the Town of Debeque. The proposed pipeline would be
constructed within various Sections, Townships 7 and 8 South,
Ranges 96 and 97 West, Garfield County, Colorado.
The Chief of Engineers has issued nationwide general permit
number 12 which authorizes the discharge of dredged or fill
material in waters of the United States for backfill and bedding
of utility lines. We have determined that your project will not
affect threatened or endangered species protected by the
Endangered Species Act. Your project can be constructed under
this authority provided the work meets the conditions listed on
the enclosed information sheets. You must send a signed letter
of certification to the Corps of Engineers within 30 days after
completion of the work (see general condition number 14). A copy
of the certification statement is included for your use.
Special Conditions:
1. You shall plant and maintain regionally appropriate
native riparian shrub and tree species at a 1:1 replacement ratio
along the affected reach of all crossing sites to mitigate
project impacts to the aquatic resource and associated habitat.
Willows, oaks, alders, cottonwoods and/or other appropriate
native species shall be planted to shade the affected stream
reach.
-2-
2. You shall design and construct all crossings of waters
of the United States to retain a natural substrate, and to
accommodate all reasonably foreseeable wildlife passage and
expected high flows.
3. To document pre and post -project construction
conditions, you shall submit pre -construction photos of the
project site prior to project implementation and post -
construction photos of the project site within 30 days after
project completion.
This verification is valid until February 28, 2006. If you
have not completed your project by that time, you should contact
the Corps of Engineers to obtain information on any changes which
may have occurred to the nationwide permits. You are responsible
for remaining informed of such changes.
We have assigned number 200475068 to your project. Please
refer to this number in any correspondence with this office. If
you have any questions, please contact me at telephone number
970-243-1199, extension 11, or email ken.jacobson@usace.army.mil.
Since'ely,
Ken
Chie Co .rado/Gunnison Basin
Regu _ ory Office
400 Rood Avenue, Room 142
Grand Junction, Colorado 81501-2563
Enclosures
Copies Furnished:
Mr. Mark Bean, Garfield County, 108 8th Street, Suite 201,
Glenwood Springs, Colorado 81601
WEST DIVIDE WATER CONSERVANCY DISTRICT
109 WEST FOURTH STREET P. 0, SOX 1478
RIFLE, COLORADO 81650-1478
TELEPHONE AND FAX: (970) 625.5461
wdwcd@rifle.net
March 3, 2003
Tim Baer
EnCana 00 & Gas (USA) Inc.
950 Seventeenth Street, Suite 2600
Denver, CO 80202
Dear Mr, Baer:
Enclosed is your approved assignment ofownership, a copy of the original contract #010628BP(b),
and the amended contract from 28 acre feet to 200 acre feet. Please read the contract carefully ifyou
have not already done so, but please especially note paragraph 2 concerning availability of water.
West Divide obtains its storage water from a number of sources including Ruedi Reservoir and Green
Mountain Reservoir whichare Bureau ofReclamation projects. Federal policy relating to endangered
species, among other environmental concerns, provides that supplies from these reservoirs may be
, interruptible. Moreover, the forces of nature are always such that no source of water can be
guaranteed from year to year. West Divide continues to make good -faith efforts to obtain alternative
long-term supplies in an effort to make reliable and predictable the water supply anticipated by your
contract with us.
As part of the approval of amending the contract from 28 acre feet to 200 acre feet, West Divide and
the Colorado Division of Water Resources requests that a meter be installed on the pipeline from the
I,oesch and Crane Ditch and a map detailing the pipelines and diversion points be provided. The
form given you by the Division of Water Resources is not adequate for all your diversions . We
Samuel B. Potter, President Kelly Couey, Vice President Robert J. 2anella, Secretary
LaVerne Starbuck, Treasuror Bruce E. Wampier, Director
TRANSMITTAL
LETTER
DATE: May 30, 2003
WEST DIVIDE WATER CONSERVANCY DISTRICT
109 West Fourth Street, P. O. Box 1478
Ririe, Colorado 81650-1478
Telephone and Fax: 970/625-5461.
wdwcd(a)earthlink.net
TO - Tim Baer
EnCana Oil & Gas (USA) Inc.
950 Seventeenth Street, Suite 2600
Denver, CO 80202
as: Amended Contract #010628BP(b)
1 AM SENDING Yotl:
Original executed amended contract for 500 acre feet.
THESE ARS SBNTTO You:
For your files.
Rsn4A*S:
Sincerely yours,
WEST DIVIDE WATER CONSERVANCY DISTRICT
CA. mMCuA. octitV
addock
cc:
Division No. 5 Water Resources w/enclosure
Keny D. Sundcen, Hydrologist w/enclosure
WEST DIVIDE WATER CONSERVANCY DISTRICT
109 WEST FOURTH STREET P. O. BOX 1478
RIFLE, COLORADO 81650-1478
TELEPHONE AND FAX: (970) 626-5461
wdwcd@rifle.net
December 5, 2002
Tim Baer
EnCana Oil and Gas (USA) Inc.
950 17th St., Suite 2600
Denver, CO 80202
Re: Water Contract #010628BP(a)
Dear Mr. Baer:
Per our recent conversation, 1 am enclosing duplicate Applications for Assignment ofOwnership and
duplicate Applications to Amend Water Lease. Each form needs to be completed and returned to me
in duplicate. There is a $110 fee for each the assignment and the amendment. If they are processed
together, one of the fees will be waived, hence the total due will be $110.
1 have billed EnCana for the 28 contracted acre fect for 2003, Please submit payment for the
additional water at $450 per acre foot.
If you have any questions, please do not hesitate to contact me.
Sincerely yours,
: Ek m 4 .0 t\cxcld". )R_
Janet Maddock
Enclosures
Tr -
L
o-�i a.
/1°)5c
tSC
Samuel B. Potter, President Kelly Couey, Vice President William M. aim, Secretary
LaVeme Starbuck, Treasurer F. Alternate Secretary Robert J. Zanella, Director
PDI ENGINEERING STANDARDS
CARBON STEEL PIPELINES Rev. No.: 0 Number: DG -4850
Date: 9/1/00
1. DESIGN GUIDE
Page: 1 of 9
This design guide covers the design, installation and maintenance guidelines for carbon steel pipelines
used in natural gas service.
2. CODES AND STANDARDS
As a minimum, carbon steel pipelines chat( be designed to the latest approved editions and sections of the
applicable codes and standards as follows:
DOT Part 192, Title 49 CFR
American National Standards Institute (ANSI)
American Petroleum Institute (API)
American Society for Testing and Materials (ASTM)
3. DESIGN OF CARBON STEEL PIPE
3.1 Allowable Working Pressure
3.1.1 The following formula is from .49 CFR Part 192, Section 192.105, "Pipeline Safety
Regulations" by the Office of Pipeline Safety, Department of Transportation (DOT).
P = 2St xFxExT
D
where: P =
internal design Pressure, pounds per square inch gauge (psig)
S =
yield Strength, psi of pipe material In accordance with
paragraph 192.107
D =
nominal outside Diameter of pipe in inches
t =
wall Thickness in inches
F =
design Factor determined in accordance with paragraph
192.111 of DOT pipeline safety
E =
longitudinal joint factor determined in accordance with
paragraph 192.113 of DOT Pipeline Safety Regulations
(E=1.00)
T =
Temperature derating factor determined in accordance with
paragraph 192.115 of DOT Pipeline Safety Regulations
(T=1.00 for a temperature of 250° or less)
3.1.2 The above equation was based on the allowable working pressures for gas transmission
and distribution piping at -20°F to 250°F service temperature.
3.1.3 Corrosion allowance must be added to the calculated wall thickness.
ENGINEERING STANDARDS
CARBON STEEL PIPELINES
Rev. No.: 0
Date: 9/1/00
Number: DG -4850
Page: 2 of 9
3.2 - Pipeline Sizing
3.2.1 Sizing Equations
The AGA flow equation modified by the Colebrook -White transmission &tor as shown
below is recommended for the most accurate prediction of pipeline flow characteristics.
Q = 38.774 104 T° [ Pyr - P:s )°S du F
Pb [GTrZan L]
where: Q=
flow rate(MMSCND)
Tb =
Base Temperature (520°R)
Pb =
Base Pressure (14.73 psia)
Pi =
upstream Pressure (psia)
P2 =
downstream pressure (psia)
G =
gas specific Gravity (air =1.0)
Tr =
Flowing gas Temperature (°R)
Zavg =
gas compressibility factor
L =
pipe Length (miles)
d =
pipe inside Diameter (inches)
F =
transmission Factor = 4 Logro(3.71d/K°)
Ke =
Effective roughness (inches)
3.2.2 Mainline Sizing Criteria
Mainlines are sized based on a 5 to 10 psi/mile pressure drop. Physical and economic
considerations such as horsepower, pipe availability, fuel gas costs and f n re expansion
may dictate different sizing criteria. Summer or winter gas flowing temperatures and
ambient temperatures will be used depending on the basic purpose of the mainline, i.e.,
winter peak day requirements verses year-round transportation for others, eta
3.2.3 Branchline Sizing Criteria
Branehlines are sized to flow peak hour loads. A specific psi/mile pressure drop
criterion is not used The difference between the available pressure at the mainline tap
and the required meter facility Inlet pressure will be IKEA, resulting in pressure drop
rates up to 20 psi/mile. Pipe sized down to 2" nominal pipe size maybe used
3.2.4 Gathering Line Sing Criteria
Gathering lines are designed for a 5 to 10 psi/mile pressure drop, with a minimum
nominal pipe gins of 4". Physical and economic considerations such as horsepower and
pipe availability, fuel gas costs and future expansion may dictate different sizing criteria.
4. ROUTE SELECTION
4.1 The route should be the most direct line between arrnsible starting and terminal points of the
pipeline. Exceptions to this may be made for items such as rivers, work areas, rough terrain,
archaeological and environmental considerations, towns or populated areas, land use, power
lines, roads, railroads and related facilities.
PDI
ENGINEERING STANDARDS
CARBON STEEL PIPELINES
Rev. No.: 0
Number: DG -4850
Date: 9/1/00
e: 3 of 9
4.1.1 Rivers and ravines should be crossed at right angles and in a straight run of the river.
4.1.2 Rough terrain, wet land and fault zone crossings should be minimiaM
4.1.3 Road and railroad crossings should be minimized
4.1.4 Areas with a high potential for encroachment should be avoided
4.1.5 Areas with high potential for requiring condemnation to obtain right-of-way should be
avoided.
4.1.6 The alternative of routing the pipeline in and along a public road or railroad right-of-
way should be evaluated.
4.1.7 Pipelines should not be routed parallel and adjacent to power lines where reasonable
alternatives are available.
4.2 The start and termination of the pipeline and preliminary route may be determined by using
USGS maps. Route information accuracy requires field reconnaissance and/or the use of aerial
photography.
4.3 After preliminary determination of the route, an ownership search and preliminary survey should
be made to determine actual conditions along the route. Based on the survey and related
information, the route should be finalized and resurveyed as required. Property plats, permits
and the construction drawings may then be prepared
5. RIGHT-OF-WAY (ROW)
5.1 Permanent ROW widths should be a strip of land 50 feet in width for a single pipeline. In
addition to the permanent ROW, temporary additional work space may be necessary for larger
line sizes, at road crossings, river crossings, and areas with side slopes.
5.2 Any conditions or restrictions contained in the easement must be incorporated in the design and
construction of the line.
5.3 The granting of a sales meter (farm tap) as a condition of the easement is discouraged
6. PERMITS
6.1 Environmental permits may be required for a variety of reasons. The Environmental Department
shall be consulted relative to any permit requirements.
6.2 Use permits are normally required when the pipeline crosses federal land, state land, state and
county highways, railroads and waterways. The design and installation of the pipeline must be in
compliance with the specific permit requirements. Any conditions or special requirements
should be indicated on the design drawings and in the contract documents.
7. HANDLING AND STORAGE
The interior of all pipe and fittings shall be kept free of dirt, liquids and foreign matter at all times.
P:
CARBON STEEL PIPELINES
ENGINEERING STANDARDS
Rev. No.: 0
Date: 9/1/00
Number: DG -4850
Page: 4 of 9
8. PIPELINE DESIGN
8.1 Construction drawings and contract documents for pipelines subject to the requirements of 49
CFR Part 192 should be thoroughly reviewed to assure that the design meets the latest
requirements of that code.
8.2 The design of any facility considered exempt from Part 192 should be compared to the minimum
requirements of Part 192. A tabulation of any deviations should be prepared and included in the
permanent documentation of that facility.
8.3 All facilities shall be designed using the applicable design factor to meet the Class Locations as
defined in Part 192.
8.4 Pipeline cover greater than the minimum specified by Part 192, §192.327 may be required due to
easements, permits, road and railroad crossings, drain tile and to provide clearance between the
new line and existing pipelines. Also cover greater than minimum requirements may be prudent
in agricultural areas due to deep cultivation or operating activities or in areas subject to
significant wind or water erosion.
8,5 Trenching
8.5.1 In rocky soil conditions, the trench bottom should be undercut a minimum of 4 inches
and the undercut filled with fine gravel or clean soil that will provide a good bearing
surface for the pipe.
8.5.2 The trench bottom should be flat to eliminate peak loads on the pipe and detefthe
pocketing of liquids.
8.6 Crossings
8.6.1 Road and Railroad
Road and railroad crossing design requirements are often dictated by the permit
requirements of the governing body having jurisdictional authority. A permit must be
obtained prior to making any crossing. Uncased crossings are preferred and should be
pursued in the permitting process. Also, 49 CFR Part 192, requires a lower design
factor for tmcased road and railroad crossing in Class I and Class II locations. If
unusual loads are anticipated, a stress analysis shall be required.
8.6.2 Waterway Crossings
Waterways may range from small drainage canals to large navigable rivers and lakes,
many of which require a crossing permit from a jurisdictional authority. Wetlands and
navigable waterways are normally under the jurisdiction of the U.S. Army Corps of
Engineers. Small stream crossings controlled by local authorities may not require
special permits and may be accomplished with standard cross-country construction
methods. However, the specific requirement should be checked with Loral authorities
before proceeding with the crossing design.
PDI
ENGINEERING STANDARDS
CARBON STEEL PIPELINES Rev. No.: 0 Number: DG -4850
Date: 9/1/00
Pa e: 5 of9
The selection of the mostsuitable location to cross a waterway involves many
considerations, particularly if it is of significant size. In selecting and designing the
crossing, documentation of the history, geology and hydrology of the waterway and
projection of possible future considerations such as bottom scouring and movement of
the channel should be completed. Waterway conditions at the time of construction will
also influence the selection of the crossing. An accurate survey of the river should be
made, noting caving banks, sand bars, and related items in order to arrive at the best
location and determine depth below the bottom of the channel.
Economic and engineering evaluations will need to be completed to determine the
design of the crossing and method of construction to use.
For major pipeline systems, consideration should be given to a dual crossing which
would provide a backup should failure or damage occur to one of the crossings.
8.7 Foreign Pipeline Crossings
The specific requirements for foreign pipeline crossings are normally set by the owner or operator
of the foreign line. The minimum clearance between the lines shall be 18 inches. The foreign
line may be crossed over the top, if the minimum cover requirements are maintained and the
crossing is approved by the operator of the foreign line. Cathodic test leads should be installed
on the company line and the foreign pipeline with the approval of the owner- or operator of the
foreign line.
8.8 Pipe Pulling
8.8.1 The effect of pulling a number of joined lengths of pipe across the ground by gripping
one end results in the generation of a tensile load in the pipe. The maximum force that
can be applied to the pipe length in pulling it into position should be calculated prior to
pulling.
8.8.2 A pulling head should be used to attach to the leading end of the pipe. This can take the
form of a simple rubber pad with a steel cable wrapped around the pipe, or can be more
sophisticated in the form of a pulling head
8.8.3 Under no circumstances should the pipe be pulled by attaching to the flange. If flange
assemblies are installed, they must be elevated to keep from dragging, both in front and
behind.
8.9 Pipe Laying
Connections made to valves, unsupported equipment, manholes, etc., shall be supported. A
concrete pad shall be installed under the heavy member to resist settlement and preclude the pipe
from supporting the component.
8.10 Bachdlling
8.10.1 The final backfill material can be the original excavated material or other convenient
soli provided it does not contain large rocks, debris or frozen lumps. The backfill should
be compacted to 90%.
PDI
ENGINEERING STANDARDS
CARBON STEEL PIPELINES
Rev. No.: 0
Date: 9/1/00
Number: DG -4850
Page: 6 of 9
H-
8.10.2 In areas where a high water table exists it will be necessary to allow for the effect of
buoyancy of the pipe and of the backfill material. The conventional trench configuration
and the fictional forces and load on the fill will no longer be sufficient to overcome a
tendency for the pipe to float. This situation requires that the depth of cover be
calculated from the following equation:
0.785 (D'Ww) - Ws
D (Ws - Ww)
Where: H = minimum cover in feet
D = diameter of pipe in feet
Wp = weight of empty pipe in lbs
Ws = saturated soil density in lbs/cubic foot
Ww = density of water in lbs/cubic foot
8.11 Plowing In
The plowing in of gas piping will not be allowed without prior written approval of the Client.
8.12 Valve Spacing and Design
8.12.1 Sectionalizing block valves and blow down valves for new transmission and non -rural
gathering lines must meet the requirements of 49 CFR., §192.179.
8.12.2 The installation of block valves in rural gathering pipelines and in all pipeline segments
that are replaced, relocated or changed shall be based on operating considerations.
Hydrotesting is not considered to be replacement, relocation or change and does not
dictate that a valve by installed.
8.12.3 Block valves should be located at readily accessible locations, such as near roads, but
away from overhead power lines if blowoffs are included.
8.13 Liquid Removal
8.13.1 Liquid may accumulate at any low point in a pipeline and some means of removal
should be considered during the design phase of a pipeline system. Methods typically
used for liquid removal hi pipelines are siphons, drops and pigging. The selection of the
method or combination of methods should be based on the expected liquid volumes and
liquid disposal problems.
8.13.2 Siphons are typically installed at low points in the pipeline where liquids can
accumulate and in drips and scrubbers. They consist of a pipe inserted through the top
of the pipeline using a saddle connection (or piping system) that extends to the bottom
of the pipe with a valve to allow blow down of the liquids from the low point.
Temporary insertion type siphons are also available. Siphons should not be installed
where they may become a restriction to pigging operations.
8.13.3 Drips are fabricated assemblies installed with the pipeline to separate and store liquids.
They are generally located at wellheads, in-line on pipelines, at pig receivers and at
inlets to plants. The liquid capacity of the drip should be based on the expected volumes
of liquids to be removed, time period between draining of the drips and related operating
conditions.
PAI
ENGINEERING STANDARDS
CARBON STEEL PIPELINES
Rev. No.: 0
Number: DG -4850
Date: 9/1/00
Page: 7 of 9
8.13.4 Pigging
a. Consideration shall be given to the installation of on -stream pigging systems
when accumulations of liquids, dirt, wax and related materials would severely
decrease the pipeline efficiency or contribute to internal corrosion. Pigs may be
any of a large variety of types.
b. Pigging will normally require the installation of permanent on -stream
launchers and receivers for those facilities that require frequent pigging nms,
or for those mainline transmission pipelines which cannot be taken out of
service. Temporary or mobile type pigging systems may be considered for
gathering and those pipeline winch can be taken out of service and are pigged
infrequently.
c. The design for a system to be pigged should ensure that no restrictions are
included in the system. Where a line size change occurs, the normal practice is
to install a receiver and a launcher, although multiple suis pigging sections
should be considered. Installation of guide bars on all large side connections
and liquid removal facilities must be incorporated into the design to prevent
entrapment or damage to the pig.
d. Liquid receiving facilities must be provided and sized to contain the slugs of
liquid expected to be removed from the piping by each pig run.
814 Branch Connections
8.14.1 Branch connections or side taps should be designed into the pipeline as necessary to
combine or split flows, and to provide service to other systems or sale facilities.
8.14.2 Farm taps, although discouraged, maybe required by ROW easement.
8.15 Pipe, Valves and Fittings
8.15.1 The pipe used in the design should be seamless, submerged -arc weld (SAW) or electric
resistance weld (ERW). Pipe should be specified to ASTM A106 Grade B or API 5L.
The ratio of pipe diameter to wall thickness (DA) should not exceed 90 without a
specific evaluation to be included in the permanent facility records. For welded
pipelines, field weldability due to wall thickness should not be of concern for wall
thicknesses 0.156" and above. Added wall thickness for corrosion allowance shall be
added when corrosive gas (with laigh levels of H2S or CO2 with free water) exists in the
system. Special chemistry should also be considered for pipe to be used in corrosive gas
service.
8.15.2 Valves in pipeline systems shall be rated by an ANSI Class designation. Valves 2" and
larger must meet API 61) or an approved equal. The pressure rating of the valve must
meet or exceed the design pressure of the pipeline. For corrosive gas applications,
NACE trim should be specified Valve ends for connections to pipelines should be
either weld -by -weld or weld -by -flange with the weld always on the side serving the most
critical service.
PDI
ENGINEERING STANDARDS
CARBON STEEL PJPEL1NES
Rev. No.: 0
Number: DG -4850
Date: 9/1/00
Some common applications of various valves are as follows:
Page: 8 of 9
a.
Plug Valves
block, isolation and blowdown
b.
Ball Valves (full open)
hot tap valves, where pressure drop
must be minimized or where
pigging is a consideration
c.
Gate Valves
block, isolation and hot tap valves
d.
Check Valves
directional flow devices at side
valve settings and in compressor
piping
e.
Relief Valves
overpressure protection
£
Control Valves
to control volume or pressure
8.15.3 Flanged connections should be avoided below grade in order to reduce the potential for
undetected leaks. Screwed connections 1-1/2" and smaller may be aced; however,
screwed connections made directly on the pipeline are prohibited except for locations
that may be conveniently isolated and there is little risk of mechanical damage from
outside forces.
8.15.4 The materials and rating of flanges and fittings for the pipeline must be compatible with
or exceed those of the pipeline.
8.16 Pipe Coating and Painting
8.16.1 Steel pipe installed below ground or submerged must be insulated from the earth to
reduce the cost of external corrosion control (cathodic protection current). Pipelines
may be protected using a variety of external coatings applied in a coating yard, at the job
site or over -the -ditch.
8.16.2 All above ground piping must be painted to prevent atmospheric corrosion.
8.17 Cathodic Protection
8.17.1 Steel pipelines installed below ground or submerged must be protected from external
corrosion using cathodic protection as part of the protective system.
8.17.2 Cathodic protection systems require that pipelines be electrically insulated from other
systems at certain points. Insulating flanges or unions should be installed in above
ground piping at all plants, meter stations and connections with foreign pipelines.
8.17.3 Cathodic protection is normally provided by a rectifier and ground bed system or
sacrificial anodes. The rectifiers are installed as neceosnry to provide the required
protection. Test connections are provided at intervals along the pipeline, generally at
road crossings and cased road/railroad crossings. The test connections are typically
installed with the pipeline by the contractor. The cathodic survey is made by either the
Client's cathodic specialist or specialized contractor. Special grounding system should
be considered when the pipeline parallels a power line.
PDI ENGINEERING STANDARDS
CARBON STEEL PIPELINES
Rev. No.: 0
Date: 9/1/00
Number: DG -4850
Page: 9 of 9
8.18 - Testing
8.18.1 Radiography is a means to control welding quality during construction.
8.18.2 Pressure testing must be conducted on all pipeline systems to establish integrity. Most
testing is done with water; however, some testing may be with either air, nitrogen or
natural gas. Environmental permit requirements must be considered when planning the
hydrostatic test.
8.18.3 After completion of a hydrostatic test, the pipeline must be dried. Generally dewatering
of the line with cup pigs is all that is nen-scary. Winter start-up, proximity to the
market, or contract requirements may require additional drying. Methanol slugs may be
pushed through the pipeline with pigs to remove moisture and suppress the dew point.
Methanol may be injection during the start-up to reduce moisture and hydrate problems.
Compressed and dried air may also be used with pigs to dry and clean the line.
8.18.4 Under no circumstances shall the total time under test exceed eight (8) haus at 1.5
times the design pressure.
8.18.5 When draining the water from the pipe, beware of creating a vacuum condition. Both
ends of the line should be opened to atmosphere to allow the water to run freely out of
the pipe.
8.18.6 Unless otherwise directed in writing, all tests shall be conducted or witnessed by a Client
representative.
8.19 Qualified Welders
8.19.1 Only "Qualified Welders" (anyone who has passed a KNE administered welding test
within the preceeding 12 months) will be allowed to perform welding on pipe and
fittings.
8.19.2 Candidates for qualification or requalification shall fabricate test assemblies for each
type and size of material required for a specific job.
8.20 Line Markers
Typical signs include "Caution" or mile post signs and aerial patrol signs. The "Caution" signs
should be installed at all crossings and other locations where necessary and practical to identify
the location of the pipeline to reduce the persibllity of damage or interference. If a line is to be
patrolled by airplane on a regular basis, aerial patrol signs should also be installed The fence
posts on either side of the pipeline at all crossings shall be painted distinctively.
9. DOCUMENTATION
All documents become part of the "as -built' package and shall include applicable construction drawings
reflecting the actual installation, rechain survey notes, purchase orders, pressure test records, radiographic
records, specifications, manufacturers drawings and certifications, mill test reports, code calculations and
other related documents.
PDI
PIPELINE CASING AND INSULATOR INSTALLATION
FOR UNDERCROSSINGS
CATHODIC
SETATgN
vENr
Amalie um=
re ic-Riff wO9 eR AY
ENGINEERING STANDARDS
Rev. No.: 0 Number: DZ -4914
Date: 9/1/00 Page: 1 of 2
1� I
moan titmaam
t-0°
8" ..I I 4'-0" I 10'-0
MAX.
MAX.
10'-0"
MAX.
4'-0"
MAK
END OF CASING SEAL Alp
INSULATOR DETML
2
NOMINAL SQ - INCIES
pp�
4 6
8"
8"
12•
14"
16
20c
22"
24"
28°
30"
:
40"
42"
S I(
"AG2"
C DIA,
6"
8"
1D"
12"
16"
18"
20"
24"
28"
30"
30"
36"
42"
46"
48"
64"
C ••M..
.188
.250
312
.375
.438
.500
C.1 3.\
1 -Fre 1)
.250
.375
.436
.600
.625
.688
Dl
2"
3"
4"
PDI
PIPELINE CASING AND INSULATOR INSTALLATION
FOR UNDERCROSSINGS
ENGINEERING STANDARDS
Rev. No.: 0
Date: 9/1/00
Notes:
1. Insulators shall be installed over specified protective coating on carrier pipe.
Insulator rings and seals furnished by Client and installed by Contractor.
2.
3. Follow highway and railroad specifications for specific depth and length.
4. Use 2 extra casing insulators, one on end and one 4' from end, to guide through properly. Drag
section must be placed in the casing so that casing insulators will satisfactorily center drag section in
casing.
Number: DZ -4914
Page: 2 of 2
5. All below ground casing and vent pipe to be coated with approved external protective coating.
Above ground portion to be painted in accordance with specifications.
6. Install casing vent with 10" x 22" warning sign on each end of casing.
7. Anodes shall not be connected to the casing.
8. Casing vent lines to be electrically isolated from carrier pipe and installed so they cannot contact the
carrier pipe after settling.
9. Install cathodic test load at each vent in accordance with cathodic test stations.
10. Above information must be submitted and approved by the regulating authorities prior to
installation.
11. Refer to the following standards:
Pipeline Undercrossing for Highways DZ -4911
Pipeline Undercrossing for Railways DZ -4912 and 4913
Cathodic Test Station DZ -4939
Pipeline Marker DZ -4940
Casing Vent DZ -4915
Casing Insulator DZ -4916
PDI
ENGINEERING STANDARDS
CASING VENT
Rev. No.: 0
Date: 9/1/00
Number: DZ -4915
Page: 1 of 1
<
PPELNE MARKER
'XYAYAYAY)
I "-13Se cVACi$
de„.. -VENT PPE
VMEs
6hER WEU/
SIDE ELEVATION
END ELEVATION
C W
6"
8"
10"
12"
16"
18"
20"
24"
26"
30"
36"
42"
46"
48"
54"
DIA.VENT
3
4"
Notes:
1. Vent pipe material to be the same as the casing.
2. Vent shall be 1'-0" outside R/W line.
3. All materials to be furnished by contractor except pipeline marker, unless otherwise noted on
construction drawings or contract documents.
4. All material except pipeline marker to be installed by contractor.
5. When casing extends at least 12" outside R/W line, double miters in vent are not required.
6. All below ground vent pipe to be coated with approved external protective coating. Above ground
portion to be painted in accordance with specifications.
7. Refer to insulator and casing standard, DZ -4914.
E. Refer to pipeline marker standard, DZ -4940.
PDI
ENGINEERING STANDARDS
CASING INSULATOR
Rev. No.: 0
Date: 9/1/00
Number: DZ -4916
Page: 1 of 1
SIZE
GENERAL DIMENSIONS INCHES
PPELINE
2
4 &
6
8
12 k
14
16
20 k
22
26 &
30
36
38
40.
42
48 t•
CASING
6
8
10
12
16
18
20
24
26
30
36
42
42
46
48
54
MIN. BAND WIDTH
3-1/2
8
12
MN. BAND THCK.
.125
.074
TYPE INSULATOR
HIGH DENSITY
FULL NYLEINE
FULL
STEEL
PLASTIC,
FULL
STEEL
ENCIRCLING WITH COMBINATION
RUBBER, OR MICARTA
STEEL
RUNNERS
H
OF RUNIVE
1-1/2
1
2
HEIGHT OF I TOP
ifs�
1
RUNNER 1 BOTTOM
ifs
P.
1-1/2
1 2
2
3
RUNNEF RS' BOTTOM
4 1 6 1 6
RUNNER PLACEMENT
—FLANGE WHEN/pTIGHT
DETA0.S
p 4 6• 4
TOP
---1----_—_
-60I OM
'' 45
Jllf
I
p 4 6• .
TOP
—_—_—'1—_--
BOTOM —
—
—
u
f6fLt 0•
TOP
---a---_—
--BOTOM —
Ir 6
-
-
n
6 0•
.
TOP
--_-1"---
--BOTOM—
I 4
-
45.I 46 4b,
r•
_
"
1
PLASTIC INSULATOR STEEL INSULATOR
2' THRU 6" 8" THRU 14'
x'610.'.,
STEEL INSULATOR
16" THRU 40"
16• „��� 18•
18• g, g. 166
STEEL INSULATOR
- 42" THRU 48"
LENGTH OF CASING (FEET)
18
28
38
48
58
68
78
88
98
108
116
128
138
148
158
188
178
188
198
N0.'OF INSULATORS
4
5
6
7
8
9
10
1f
12
13
14
15
16
17
15
19
20
21
22
ASfil
CASING OF (FEET)
208
218
228
238
248
268
268
278
288
298
308
318
328
338
348
368
368
378
388
398
NO. OF INSULATORS
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
NO
t TEE BOLTS OR STUDS SHALL BE STARLESS STEEL OR CADMIUM PLATED STEEL
2. THE STEEL INSULATOR LNER SyALL BE NEOPRENE RUBBER 0R APPROVED PLASTIC, SHALL BE RIBBED. SHALL BE
A MINIUM THCI(NESS OF 90 WS AND HAVE A SHORE HARDNESS OF 80 TO 90.
3. THE EEO SEAL SHALL BE THE "S" TYPE AND THE BANDS SHALL BE STAINLESS STEEL.
PDI
ENGINEERING STANDARDS
CATHODIC TEST STATION
Rev. No.: 0
Date: 9/1/00
Number: DZ -4939
Page: 1 of 2
ROUND CREOSOTE PosT
P . ACNE POLE TEs STATION
USF 011 BN&E 12 TW MRE.15 DSE GA
KA
CARBIDOE'M ACAB-153-111ACOPPER
GEEK CN (Al./11 MRC
BP w DOUBLE P01L ZEST SlA1Ia
USE ONE )12 TW WIRE AND ONE /2 HMW/PE
CABLE. USE A TYPE HA WELDER N0. CAHAA-1V,
ELECIRCAL OUTLET A CA -15 CADWELD CARTRIDGE, ANO A CAB -112
MM PLASTIC COVER COPPER SIEEW. BOTH /12 AND /3 YALL FH
AHD BRASS BOLTS N 1STOCK)
(COPA YY SEK'
4% B - BRA WIINECWON
D 1 [Oun USE ONE /12 1W BORE AND ONE /2 HMW/PE
1 MM51 AND TWO CABLE O CASE -15 CADWEL CHARGES POURED E HA WELDER NO. 2C.
TOGETHER. ME /12 AND /2 SHOULD BE PUT N ME
SLEW AND THE SLEEVE SHOULD 8E CRIMPED W1M
A N0. CA0-09 HAMMER NE (IF NECESSARY. REMOVE
ONE STRAND OF ME /2 CABLE TO MAKE ROCA FOR
M0 /12 WIRE N THE SLEEVE)
I "/�\� I an near ♦ SI OcoMv Are?
G I
NII
II
G
DOUBLE PRE TEST NSTALLABON ¥ U.
CONA51 M MO INKS NSTEAD OF
ONE AS SHOWN. AT A CROSANG OF
TWO DR MOVE PBNLNES, TWD MRES
WL1 GO TO EACH PPEUNE AND WILL
BE ATTACHED TO THE SAME WELD
PATCH ON EACH PIMPLE
CATHODIC TEST STATIONS
GENERAL CONSTRUCTION INFORMATION
A cathodic test station shall be installed approximately one mile apart at section roads or access trails, on either
side of the road in the fence line at the most convenient approach. If no fence is present, then test station shall be
brought up along side the pipeline marker. Location shall be at the discretion of pipeline inspector. Material will
be furnished by the company and installed by the contractor. All wires welded to pipe shall be given slack to
bottom of' ditch and along the ditch bottom and wall to test post and conduit fitting. Company will install conduit
covers. Coating shall be replaced at all test lead sites with approved coating.
A double pole electrical test station, including two test leads connected to each pipeline, shall be installed at
specified pipeline crossings. The test leads will be connected to the foreign pipeline only on permission or request
of another Pipeline Company. The test leads connected to PDI's pipeline shall be black, and the test leads
connected to the foreign pipeline shall be of another color. White test leads shall be used for the second pipeline
connection in the case of a crossing of two PDI pipelines. Two adjacent double pole test stations shall be brought
up on the same post. If this should oxar in cultivated land or road, the test stations shall be set near the cross-over
and 16" below grade, and all cable and wire ends shall be taped. At cross-over 1 #8 and 1 #12, insulated leads
shall be installed on each line. No wires shall be joined as a bond at time of construction.
All cased under crossings shall have a #12 TW wire on the carrier pipe. (See Engineering Standards DZ -4911,
4912, 4913 and 4914.)
At each underground insulating flange, a double pole test station chalk be installed on each side of the insulated
joint with wire and color as indicated above.
PDI
ENGINEERING STANDARDS
CATHODIC PROTECTION —
INSTALLATION OF MAGNESIUM ANODE
TO COATED PIPELINE
REV. NO: 0
NUMBER:
DZ -4939
DATE: 12/12/01
SHEET: 2 of 2
GRADE
COATED PIPELINE
BURIED AND BACKFILLED
#6 AWG TYPE TW
NOTE: ANODE SHOWN WITH NO
ALL IN THE PERMEABLE CLOTH
BAG FOR CLARITY ONLY.
"MAGNESIUM ANODE"
W/PERMEABLE CLOTH BAG
INSTALLED IN BACKFILL MIXTURE
(HORIZONTAL INSTALLATION SHOWN)
PDI
PIPELINE MARKER
ENGINEERING STANDARDS
Rev. No.: 0
Date: 9/1/00
Number: DZ -4940
Page: 1 of 1
WARNING
10" X 22' WARNING SIGN
2", 3', OR 4" STEEL PIPE POST
GROUND LEVEL
BURIED PIPELINE
Note:
1. The waning sign shall be ten inches (10") wide x twenty-two inches (22') high metal plata Each sign
shall be printed black on white and include the following information:
D "Warning High Pressure Gas Pipeline"
> Company Name
D Telephone numbers of Corporate office and Division office
2. Contractor will furnish 1 long steel pipe posts of 2", 3" or 4" nominal diameter junk pipe. Some of the
posts will have warning signs bolted to them and others will be only the plain pasts.
3. Pasts are to be set l'-0" to one side of the edge of the installed pipeline. Postboks are to be augured and
made a size larger than line marker post. Holes are to be filled with dirt and tamped sufficiently to
provide a firm post setting.
4. Posts are to be installed at a maximum of 1t2 mile intervals or at fence lines, and other locations necessary
to locate pipeline. Final locations will be designated by the Client representative on the job. At road
crossings, a post is to be installed on both sides of the road with both posts having a warning sign.
5. Posts are to be buffed clean of all rust, scale, oil, etc., then prime coated. After primer mat is dry, the
entire post is to be painted red
ENCANA..
STORMWATER MANAGEMENT
PLAN
PARACHUTE TO LOGAN WASH 24"
PIPELINE
GARFIELD COUNTY
COLORADO, USA
WAGON WHEEL CONSULTING
111 E. Third St, Suite 213
Rifle, CO 81650
(970) 625-8433
TEXT DATE LAST REVISED: 02 -July -16
STORM WATER MANAGEMENT PLAN
SUPPLEMENT FORM — U. S. ROCKIES REGION
Creator:
Custodian:
Date Approved:
US Rockies EHS
US Rockies CSA
02 -July -16
SWMP Name: EnCana Gathering U.S.A
Site/ Job Name: Parachute to Logan Wash
QTR
Permit No:
County: Garfield State:
QTR SEC TWN 6S RNG 96W
Prepared by: Cody W. Smith
Date: 5/21/04
1. Attach to this form, a simple sketch of the site outlining the construction. Include any
ditches, canals, creeks, streams and rivers located within one-quarter mile of the site.
Determine the direction of the drainage or flow gradient for the site. Identify this flow
gradient with a simple arrow pointing in the direction of the flow.
2. Select the type of control feature used for the site. Describe in detail the erosion controls
adopted for the site based on a study of the site and the general topography of the area.
Show these erosion control features on the sketch.
® Baled Hay ® Berms® Ditches ® Silt Fence
® Other (specify):
Describe control features:
The pipeline's approximate 50 foot right-of-way will be staked prior to construction to
limit the area of disturbance required for construction. All personnel, vehicles and
equipment will stay within the staked boundaries.
Silt fences of hay bales will be placed on the down gradient side of the right-of-way
when the pipeline is installed parallel to the grade contours of a hillside. Waterbars
ending at straw bales will be installed in the right-of-way when the pipeline is installed
on a hillside perpendicular to the grade contours. Spacing of the waterbars will be
determined by the surface topography. Trench breakers will be installed in trenches
on sloped prior to backfilling. Silt fence, straw bales, waterbars, andt trench breakers
will not be used when the hillside gradient is less tha 5%.
Silt fence and straw bales will be installed on the down slope and upslope sides of the
construction area at the ephemoral drainage crossing points.
3. Describe the maintenance schedule developed for the site. If the construction at the site is
to be handled by more than one operating group, identify the operating group that will
subsequently take over the site. Brief the foreman/ supervisor in charge of the second
phase of the activity of SWMP supplement details.
The control features described in Part 2 above will be maintained during the
construction installation phase of the pipeline project by the general contractor. The
EnCana EHS coordinator will inspect the site on a bi-monthly basis and determine
what, if any, repairs to the control structures are required. The EHS coordinator will
review the inspection data with the general contractor and cause the necessary
Focus1LMS\ProductnlOperate\OescTextl SWMPSUPPLEMENTFORM-03013
ENC ANA „,
Page 1 of 2
TEXT DATE LAST REVISED: 02 -July -16
STORM WATER MANAGEMENT PLAN
SUPPLEMENT FORM — U. S. ROCKIES REGION
Creator:
Custodian:
Date Approved:
US Rockies EHS
US Rockies CSA
02 -July -16
repairs to be made. This inspection process will be followed during the entire
construction phase of the project.
4. At the conclusion of all construction activities, begin the reclamation of the site. Describe
how reclamation of the site is to be accomplished. If the site is located in an area of
agriculture cultivation, grading the site back to its original contour will be sufficient. In other
areas, grading and re -vegetation may be required. When the reclamation activities are
70% complete, enter the date the site attained 70% reclamation and sign form.
When the pipeline istallation phase of the project has been completed the right-of-way
will be restored as close as possible to pre -excavation grades and compaction.
Topsoil will be redistributed as close to original salvage depths as possible. In areas
with pre-existing rocky surface material, the stored rock will be spread over the right -of
way to maintain a surface appearance to that of adjacent undisturbed terrain. Seeding
will be applied with a planned seed mix and application rate. Permanent waterbars
will be installed on slopes at the intervals indicated in Table 1 of the Stormwater
Management Plan. Every effort will be made to install permanent erosion control
measures within 30 days after the pipeline trench is backfilled. Periodic inspections of
the site will be made to assure that isolated areas of soil erosion that may occur are
corrected. When the grass seed has reached a vegative establishment level of 70 %,
these inspections will cease.
Date site was reclaimed to 70%:
Name of person ensuring reclamation Signature
Focus\LMS\ProductnlOperate\DescText\ SWMPSUPPLEMENTFORM-03013
"ENC ANA TSA
Page 2 of 2
STATE OF COLORADO
Bill Owens,Governor
Jane E. Norton, Executive Director
Dedicated to prowe_ring and improving the health and environment of the peopie of Colorado
4300 Cherry Creek Dr. S.
Denver. Colorado 50246-1530
Phone (3031692-2000
TDD Lim_ 1303) 691-7700
Located in Glendale, Colorado
hrrolickww.cdpne.staie.co.us
January 15, 2003
Eric Marsh, Vice President
EnCana Oil & Gas (USA) Inc.
950 17th Street Suite 2600
Denver, CO 80202
303/623-2300
Laboratory and Radiation Services Division
8100 Lowry Blvd.
Denver, Colorado 80230-6928
0031 692-3090
RE: Final Permit, Colorado Discharge Permit System — Stormwater
Certification No: COR -034840, Garfield County
Mamm Creek
Local Contact: David Grisso, Operations Super., 970/ 625-4209
Anticipated Activity: 07/01/2002 through 06/30/2007
On 999 acres (5 acres disturbed)
Dear Sir or Madam:
Colorado Department
of Public Health
and Environment
Enclosed please find a copy of the permit certification that was issued to you under the Colorado Water Quality Contol
Act.
Your certification under the permit requires that specific actions be performed at designated times. You are legally
obligated to comply with all terms and conditions of your cer Ldcation.
Note that the stormwater permit for construction activities now covers construction sites disturbing down to one acre (the
previous threshold was 5 acres). Effective July 1, 2002, any construction activity that disturbs at least 1 acre of land (or is
part of a larger common plan of development or sale that will disturb at least 1 acre) must apply for permit coverage.
Please read the penult and certification. If you have any questions please visit our website at
http://www.cdphe.state.co.us/wq/permitsunit/wgcdpmthtml, or contact Nathan Moore at (303) 692-3555.
Sincerely,
Kathryn Dolan
StormwaterProgramCoordinator
Permits Unit
WATER QUALITY CONTROL DIVISION
Enclosure
xc: Regional Council of Governments
Local County Health Department
Distict Engineer, Technical Services. WQCD
").'s.'r_`. T
La.-.....
Cnerry reek Drive South
Colorado 80246-1530
RATIONAL£
STORMW1TE? DISCHARGES ASSOCIATED WITH
CONST.RUCTION ACTIVITY
GENERAL PERMIT IN COLORADO
SECOND RENEWAL
COLORADO DISCHARGE PERMIT NUMBER COR -030000
CONTENTS PAGE
1. Introduction 1
IJ Background 2
III. Srormwater Discharges Associated with
Construction Activity 3
IV. Coverage Under this Permit 4
V. Application and Cert fication 4
VL Qualifying Local Programs 4
VII. Terms and Conditions of Permit 5
L LVTRODUCTION
This permit is for the regulation ofstormwater runofffrom construction activities. The term 'construction activity" includes
clearing, grading and excavation operations. 'Stormwater" is precipitation -induced surface runoff. This Rationale will
explain the background of the Stormwater program, activities which are covered under this permit, how to apply for coverage
under this permit, and the requirements of this permit.
The forms discussed in the .Rationale and Permit are available an the Division's website at:
http://www.cdphe.state.co.uilwq/permitsuniewqcdpmt.html
A. Changes in this General Permit
Several notable changes from the previous General Permit for Construction Activities have been incorporated into this
permit. Most of the changes are related to Me Phase II revision to the stormwater regulation in Me Colorado
Discharge Permit System Regulations (5CCR 1002-61), effective March 2, 2001. Significant changes are listed below:
1. Permit coverage is now required for construction sites that disturb 1 to 5 acres (i.e., small construction
activities). Allowances have been made for small construction activities to comply with the requirements of a
Division -approved Qualifying Local Program (refer to section V1 below for a discussion of Qua1 ling Local
Programs) in place of many specific requirements in Me Permit, including requirements to submit an
application, inactivation notice, and fees to the Division. Refer to Part 1.4.3 of the Permit and section VILA of
the Rationale for more details.
2. The requirements to submit Me Township, Range, section and quarter section of a site and a list of any other
environmental permits for the site with the application have been removed.
3. Inactivation requirements have been changed to allow small construction activities that submit applications
Indicating a completion date 12 months or less from the start of construction activity to be authorized for a
predetermined period from 3 to 12 months. The permit certification will include the automatic expiration date
for permit coverage. This expiration date will be in place of the requirement to submit an Inactivation Notice.
If permit coverage beyond the expiration date is needed (i.e., the site has not been finally stabilized), the
permittee must submit an extension request farm to Me Division at least 10 days prior to the expiration
.:_..: ._. - ?ca" _2. 'ermi: No. COR -030000
: :; RODUCTION(con:.)
4. The Rationale discussion on the Exemptions for Small Municipalities (Section 111.8) has been changed to
include the March 10, 2003 deadline for permit coverage for municipally -owned industries. This did not in
any changes to the permit. .
iI. BACKGROUND
As required under the Clean Water Act amendments of 1987, the Environmental Protection Agency (EPA) has established a
framework for regulating municipal and industrial stormwater discharges. This framework is under the National Pollutant
Discharge Elimination System (NPDES) program (Note: The Colorado program is referred to as the Colorado Discharge
Permit System, or CDPS, instead ofNPDES). The Water Quality Control Division ("the Division) has stormwater
regulations (5CCR 1002-61) in place. These regulations require specific types of industrial facilities that discharge
stormwater associated with industrial activity (industrial stormwater), to obtain a CDPS permit for such discharge. The
regulations specifically include construction activities that disturb one acre of land or more as industrial facilities.
Construction activities that are part of a larger common plan of development which disturb one acre or more over a period of
time are also included.
A. General Permits
The Water Quality Control Division ("the Division') has determined that the use of general permits is the appropriate
procedure for handling the thousands of industrial stormwater applications within the State.
B. Permit Requirements
This permit does not require submission of effluent monitoring data in the permit application or in the permit itself. It
is believed that a fully implemented Stormwater Management Plan (SWMP) should be sufficient to control water
quality impacts.
The permit requires dischargers to control and eliminate the sources of pollutants in stormwater through the
development and implementation ofa SWMP. The plan must include Best Management Practices (BMPs), which will
include pollution prevention and source reduction measures. This will constitute BAT and BCT and should achieve
compliance with water quality standards. The narrative permit requirements include prohibitions against discharges
of non-stormwater (e.g., process water). Refer to Part 1. C.2 of the permit.
In addition, as a condition of this permit, the permittee is required to pay the annual fee as described in the Water
Quality Control Act. Failure to submit the required fee when due and payable is a violation of the permit and will
result in enforcement action as discussed below. Permittees will be billed for the initial permit fee within a few weeks
of permit issuance.
Some construction activities may be required to comply with a Qual Eying Local Program in place of meeting several
of the specific requirements in this permit. Sites covered by a Qualifying Local Program may not be required to submit
an application for coverage or a notice of inactivation and may not be required to pay the annual fee. Refer to Section
VILA of the Rationale for further information.
C. Violations/Penalties
Dischargers ofstormwater associated with industrial activity, as defined in the Regulations for the State Discharge
Permit System (5CCR 1002-61), which do not obtain coverage under this or other Colorado general permits, or under
an individual CDPS permit regulating industrial stormwater, will be in violation of the Federal Clean Water Act and
the Colorado Water Quality Control Act, 25-8-101. For facilities covered under a CDPS permit, failure to comply
with any CDPS permit requirement constitutes a violation. Civil penalties for violations of the Act or CDPS perm
requirements may be up to 110,000 per day. Criminal pollution of state waters is punishable bylines of up to 325,,
per day.
MEAT, 1i.: er !uc.'.'n Centro! Division
_: 1:ERs:SC: RGES ASSOCIATED 1477 COr,STR UCTION A CTIVITY
The Stcm:water regulations require that stormwater discharges associated with certain industrial activities be covered under
the oe.rmi: prorom. Conn.—action activity that disturbs one acre or more is specically included in the listed industral
•
a_c..ties.
Construction Activity
Construction activity includes clearing, grading and excavation activities. Construction does not include routine
maintenance performed by public agencies, or their agents to maintain original line and grade, hydraulic capacirv,
or original purpose of the facility.
Dejminons of additional terms can be found in Parr LD of the Permit.
Stormweter discharges from construction activity require permit coverage, except for operations that result in the
disturbance of less than one acre of total land area which are not part of a larger common plan of development or
sale. A larger common plan of development or sale is a contiguous area where multiple separate and distinct
construction activities may be taking place at different times on different schedules under one plan.
3. .TVDCS ofAcnvities Covered
This permit is intended to cover most new or existing discharges composed entirely of stormwater from construction
activities that are required by State regulation to obtain a permit. This includes srormwa!er discharges associated with
areas that are dedicated to producing earthen materials, such as soils, sand, and gravel, for use ata single
construction sire. These areas may be located a: the construction site or as some other location. This permit does no:
aut.hon=e rhe discharge of mine waxer or process water from such areas.
This permit also includes stormwater discharges associated with dedicated asphalt plants and concrete plants located
at the cons; .fcuion sites.
C. Types of Activities NOT Covered
This permit does not cover stormwater discharged from construction sites that is mixed with stormwater from other
types of industrial activities, or process water of any kind. Other types of industrial activities that require stormwater
discharge permits pursuant to different sections of the regulations (Regulation 5 CCR 1002-61, Section 61.2(e)(iiV/,4-
I, IC)], are not covered by this permit.
This permit also does not cover the discharge of process water, If the construction activity encounters groundwater, a
Construction' Dewatering Discharge Permit (Permit Number COG -070000) must also be obtained in order to
discharge this groundwater from the excavation site. An application for this permit can be obtained from the Division
at the address listed in Part 1.4.4.a of the Permit.
D. Exemptions for Small Municipalities
The Intermodal Surface Transportation Efficiency Act of 1991 (Section 1068(c)) added an exemption to the stormwater
regulations for municipalities with less than 100,000 population. The term "municipality" includes cities, towns,
counties, special districts or any entity created by or pursuant to State law.
Stormwater discharges associated with construction activity for facilities or sites that are owned or operated by a
small municipality are not required to apply far or obtain a stormwater permit until March 10, 2003. (Note: This
exemption does not apply to other, privately owned construction sites within the same small municipality.)
- Pcpe 4. Permit No. COR -030000
:OVERAGE UNDER THIS GENERAL PERMIT
Under this general permit, operators of stormwater discharges associated with construction activity may be granted
authorization to discharge stormwater into waters of the State of Colorado. This includes stormwater discharges associc
with industrial activity from areas that are dedicated to producing earthen•materials, such as soils, sand and gravel, for u.
at a single construction site, and dedicated asphalt plants and dedicated concrete plants.
This permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict or control discharges of
stormwater to storm drain systems or other water courses within their jurisdiction.
Authorization to discharge under the permit requires submittal of a completed application form and a certification that the
SWMP is complete, unless the site is covered by a Oual5ing Local Program. Upon receipt of all required information, the
Division may allow or disallow coverage under the general permit.
V. APPLICATION AND CERTIFICATION
At least ten days prior to the anticipated date of discharge, the operator of the construction site shall submit an original
completed application which includes the signedcertification that the SWMP is complete. In order to avoid confusion during
processing, original signatures are required for the application to be considered complete. For small construction sites, if the
site is covered by a Qualifying Local Program, submittal of an application is not required.
For the purpose of this permit, the "operator" is the person who has day-to-day control over the project. This can be the
owner, the developer, the general contractor or the agent of one of these parties, in .some circumstances. At djerent times of
a construction project, different types of parties may satisfy the definition of 'operator' and the certification may be
transferred as roles change.
(Note - Under the Federal regulations, this application process is referred to as a Notice of Intent, or NOL For internal
consistency with its current program, the Division will continue to use the term "application.) An outline of the permit
application requirements is found in the permit at Part I.A.4.b.
If this general permit is applicable, then a certification will be developed and the applicant will be certified under this
general permit.
VI. QUALIFYING LOCAL PROGRAMS
For stormwater discharges associated with small construction activity (i.e., one to five acre sites), the permit includes
conditions that incorporate approved qualifying local erosion and sediment control program (Qualifying Local Program)
requirements by reference. A Qualifying Local Program is a municipal stormwater program forstormwater discharges
associated with small construction activity that has been formally approved by the Division. The requirements for Qualifying
Local .Programs are outlined in Part 61.8(12) of the Colorado Discharger Permit System .Regulations. Such programs must
impose requirements to protect water quality that are at least as strict as those required in this permit.
A. Approval Termination: A Qual5ing Local Program may be terminated by either the Division or the municipality.
Upon termination of Division approval of a Qualifying Local Program, any small construction activity required to
obtain permit coverage under Section 61.3(2)(h) of the State .Discharge Permit System Regulations shall submit an
application form as provided by the Division, with a certification that the Stormwater Management Plan (SWMP) is
complete as required by Part 1.4.4 of the Permit, within 30 days.
B Approval Expiration: .Division approval as a Qualifying Local Program will expire with this general permit on June
30, 2007. Any municipality desiring to continue Division approval of their program must reapply by March 31, 2007
The Division will determine if the program may continue as a approved Qualifying Local Program.
RJ'.V.VZ- %, -, Quality Cor.ao! Division
Ccve•cee under c Ouclinrinp Local Program — For Small Construction Sites Onh'
For small construction sires (disturbing less than 5 acres) covered under a Qualifying Local Program (see Section VI
above), only certain permit requirements apply, as outlined below. The local program must have been formally
designated by the Division, to qua! 5. Most municipalities have some type of local program and may require permits
and fees. However, simply having a program in place does not necessarily mean that it it a qual Eying program and
that c State permit is not required. The local municipality will be responsible for notifying operators andior owners
thal they are covered by a Qualifying Local Program. A list of municipalities with Qual Eying Local Programs is also
available at hrp://www.cdphe.state.co.us/wq/PermitsUnit/wgcdpmt.html.
The Division reserves the right to require any owner or operator within the jurisdiction of a Qual fyingLocal Program
covered under this permit to apply for and obtain coverage under the full requirements of this permit.
1. Permit Coverage: If a construction site is within the jurisdiction of a Ouali -tying Local Program, the operator of
the construction aciviry is authorzed to discharge stormwater associated with small construction activity under
this general permit without rhe submittal of an application to the Division. The permittee also is no: required to
submit an inactivation notice or payment of an annual fee.
2. Permit Terms and Conditions: The permittee covered by a Qualifying Local Program must comply with the
requirements of the Qualifying Local Program which has jurisdiction over the site. In addition, the following
permit sections are applicable:
LR.1, J.A.2, and l.A?: Authorixarion to discharge and disc ssion of coverage under the permit.
ii. IC.1: General limitations that must be me! in addition to local requirements.
ii 1.C.2, LC.3: Prohibition of non-stormwater discharges unless addressed in a separate CDPS permit and
requirements related to releases of reportable quantities.
iv. Part II (except for Parts ILA.], ILB.3, ILB.8, and 'LBW): Specifically includes, but is nor limited to,
provisions applicable in the case of noncompliance with permit requirement, and requirements to provide
information and access.
B. Stormwa:er Management .Plans (SWIvfPs)
.Prior to commencement of construction, a stormwater management plan (SWMP) shall be developed and implemented
for each facility covered by this permit. A certification Mw the SWMP is complete must be submitted with the permit
application. The SWMP shall idennfy potential sources of pollution (including sediment) which may reasonably be
expected to affect Me quality ofstormwater discharges associated with construction activity from the facility. In
addition, the plan shall describe the best management practice (BMPs) which will be used to reduce the pollutants in
stormwater discharges from the construction site. Facilities must implement the provisions of their SWMP as a
condition of this permit. The SWMP shall include the following items:
1. Site Description
2. Site Map
3. BMPs for Stormwater Pollution Prevention
4. Longterm Stormwater Management
S. Other Controls
6. Inspection and Maintenance
7. Signatory Requirements andAvailabiliry
B. SWMP Review/Changes
(See Par! I.B. of the permit for a more detailed description of SWMP requirements.)
Pate 6. Permit No. COR -030000
"TERMS AND CONDITIONS OF PERMIT (con:.)
C. Monitoring
Sampling and testing of stormwater for specific parameters is not required on a routine basis under this permit.
However, the Division reserves the right to require sampling and testing on a case-by-case basis, in the event that
there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in
removing pollutants in the effluent
D. Facility Inspections
Active construction sites must inspect their stormwater management controls at least every 14 days and after any
precipitation or snowmelt event that causes surface erosion. At sites where construction has been completed but a
vegetative cover has not been established, these inspections must occur at least once per month. At sites where winter
conditions exist, inspections are not required during the period that the winter conditions exist. For all of these
inspections, records must be kept on file. .Refer to the permit at Part I.C.S for detailed requirements of these
inspections.
E. Revision ojSWMP
Based on the results of the inspections (see D. above), the description of potential pollutant sources and the pollution
prevention and control measures, identified in the SWMP, and the control measures themselves, shall be revised and
modified as appropriate as soon as practicable after such inspection. Modification of control measures shall be
implemented in a timely manner, but in no case more than 7 calendar days after the inspection.
F. Reporting
The inspection record shall be made available to the Division upon request. Regular submittal of an annual report
not required in this permit.
G. Annual Fee
The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Permittees
will be billed for the initial permit fee within a few weeks of permit issuance and then annually, based on a July 1
through June 30 billing cycle.
For small construction activities, if application was made for coverage with a completion date 12 months or less from
the .start of construction activity; a fee will be assessed based on the estimated numberof calendar quarters the site is
active. Projects going beyond that time will be billed the standard annual fee.
H. Inactivation Notice
When a site has been finally stabilized in accordance with the SWMP, the operator of the facility shall submit an
Inactivation Notice that is signed in accordance with Part I.E.1 of the permit. The content of the Inactivation Notice is
described in Part IA.6 of the permit. A copy of the Inactivation Notice form will be mailed to the permittee along with
the permit certification. Additional copies are available from the Division.
An exception to the requirement to submit an inactivation has been included in the renewed permit for Small
Construction Sites that will be finally stabilized within 12 months of the beginning of construction activities. In such
cases, the permit certification will indicate the automatic expiration date. If permit coverage is needed beyond that
date, an extension request form must be submitted to the Division at least 10 days prior to the expiration date.
_... ._.. -_. ..... .�c. COP
CONT) = JJAS C:- ?=1J✓ :T (con:.!
. _.srer or” Penni:
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.�_ Via:e`_ c':: ru�DICSfa:
1472en respoasibiliry for stormwater discharges at a construction site changes from one individual to another, the
permit shall be transferred in accordance with Par! 7.4.7 of thepermit. The .Notice of Transfer form will be mailed to
,?.e permi zee along with the pe.'7nit certification. Additional copies are available from the Division.
Dura or o; Permit
The general permit will expire on June 30, 2007. The perminee's authority to discharge under this permit is approved
..nn. the expiration daze of the genera! permit. Any permittee desiring continued coverage under the general permit
.'n s: acply for recertification under the general permit at least 90 days prior to its expiration date.
Nathan Moore
March J1, 2002
Page 2 of 17
Permit No. COR -030000
CDPS GENERAL PERMIT
STORMWATER DISCHARGES ASSOCLATED WITH
CONSTRUCTION ACTIVITY
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO DISCHARGE PERMIT SYSTEM
In compliance with the provisions of the Colorado Water Quality Control Act,' (25-8-101 et seq., CRS,
2973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the
"Act"), this permit authorizes the discharge of stormwater associated with construction activities certified
Synder this permit, from those locations specified throughout the State of Colorado to specified waters of
:he State. Such discharges shall be in accordance with the conditions of this permit.
This permit specifically authorizes the facility listed on page 1 of this permit to discharge stormwater
associated with construction activity, as of this date, in accordance with permit requirements and
flonditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the
rrns and conditions of this permit.
1
This permit and the authorization to discharge shall expire at midnight, June 30, 2007.
Issued and Signed this day of
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
J. David Holm, Director
Water Quality Control Division
A. COVERAGE UNDER THIS PERMIT
1. Authority to Discharge
a) Applicable Sections
TABLE OF CONTENTS
PART I
3
2. Industries Covered Under this Permit
a) Definitions: 3
b) Types of Activities Covered by this Permit. 3
3. Permit Coverage Without Application 3
a) Applicable Sections 3
b) Local Agency Authority 3
c) Permit Coverage Termination 4
d) Compliance with Qualifying Local Program 4
e) Full Permit Applicability 4
4. Application, Due Dates 4
a) Application Due Dates 4
b) Summary of Application 4
5. Permit Certification Procedures 4
a) Request for Additional Information 5
b) Automatic Coverage 5
c) Individual Permit Required 5
d) Temporary Coverage 5
e) General vs. Individual Permit Coverage 5
0 Local Agency Authority 5
6. Inactivation Notice 5
7. Transfer of Permit 5
8. Permit Expiration Date 6
9. Individual Permit Criteria 6
B. CONTENTS OF THE STORMWATER MANAGEMENT PLAN
1. Site Description
2. Site Map
3. BMPs for Stormwater Pollution Prevention 7
a) Erosion and Sediment Controls 7
b) Materials Handling and Spill Prevention 8
4. Final Stabilization and Longterm Stormwater Management 8
5. Other Controls 8
6. Inspection and Maintenance 8
C. TERMS AND CONDITIONS 8
1. General Limitations 8
2. Prohibition of Non-stormwater Discharges 9
3. Releases in Excess of Reportable Quantities 9
4. Stormwater Management Plans 9
a) Signatory Requirements 9
b) SWMP Review/Changes 5
5.. Inspections 5.
a) Active Sites c
b) Completed Sites 1(
c) Winter Conditions 11
6. Reporting 1[
7. SWMP Submittal Upon Request 11
D. ADDITIONAL DEFINITIONS 1
E. GENERAL REQUIREMENTS 1
1. Signatory Requirements 1
2. Retention of Records
-2a-
CONTENTS 'cont..
PART II
'C.=_' A C=MENT REQUIREMENTS 12
Change in Discharge 12
Special Notifications - Defmit ons 12
3. Noncompliance Notification 13
Submission of Incorrect or In..omplet.. Information 13
5. Bypass 13
6. Upsets 13
7. Removed Substances 14
R. Mi';mizadon of Adverse Impact 14
9. Reduction, Loss, or Failure of Treatment Facility 14
-D. Proper Operation and Maintenanca 14
E. RESPONSIBILITIES 34
1. Inspections and Right to Entry 14
2_. Duty to Provide Information 15
3. Transfer of Ownership or ConnoL 15
4. Modification, Suspension, or Revocation of Permit By Division 15
5. Permit Violations 16
6. Lesa1 Responsibilities 16
7. Severability 16
8. Renewal Application 17
9. Confidentiality 17
:D. Fees
17
11. Requiring. an Individual CDPS Permit. t 7
-2b-
PART I
COVERAGE UNDER THIS PERMIT
1. Authority to Discharge
rage 3
Permit No. COR -030000
Under this permit, construction activities, including cleating, grading, and excavation, are granted authorization to
discharge stormwater associated with constmction activities into waters of the state of Colorado.
a. Applicable Sections: This permit is made up of several parts, not all of which apply to all permittees. The
perrnittee will be responsible for determining and then complying with the applicable sections, depending upon
whether or not a Qualifying Local Program covers the site. For sites not covered by a Qualifying Local Program,
all Parts of the permit except Part I.A.3 apply.
Industries Covered Under this Permit
a) Definitions:
1) Stormwater: Stormwater is precipitation -induced surface runoff.
2) Construction activity: Constmction activity includes clearing, grading and excavation activities.
Construction does not include routine maintenance performed by public agencies, or their agents to maintain
original line and grade, hydraulic capacity, or original purpose of the facility.
3) Small construction activity: Stormwater discharge associated with small construction activity means the
discharge of stormwater from construction activities that result in land disturbance of equal to or greater than
one acre and less than five acres. Small const-uction activity also includes the disturbance of less than one
acre of total land area that is part of a larger common plan of development or sale, if the larger common plan
will ultimately disturb equal to or greater than one and less than five acres.
4) Oualifying Local Program: This permit includes conditions that incorporate qualifying local erosion and
sediment control program (Qualifying Local Program) requirements by reference. A Qualifying Local
Program is a municipal stormwater program for stormwater discharges associated with small construction
activity that has been formally approved by the Division.
5) Other Definitions: Definitions of additional terms can be found in Part I.D. of this permit.
b) Types of Activities Covered by this Permit: This permit may authorize all new and existing discharges of
stormwater associated with construction activity. This includes stormwater discharges from areas that are
dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction site. This
permit also includes stormwater discharges from dedicated asphalt batch plants and dedicated concrete batch
plants. This permit does not authorize the discharge of mine water or process water from such areas.
3. Permit Coverage Without Application — for small construction activities under a Qualifying Local Program only
If a construction site is within the jurisdiction of a Qualifying Local Program, the operator of the construction activity is
authorized to discharge stormwater associated with small construction activity under this general permit without the
submittal of an application to the Division.
a) Applicable Sections: For sites covered by a Qualifying Local Program, only Parts 1.A.1, 1.A.2, 1.A.3, I.C.1,
I.C.2, I.C.3 and Part 11 of this permit, with the exception of Parts II.A.1, II.B.3, I1.B.8, and II.B 10, apply.
b) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit,
restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction.
_-_..= UNDER THS PF_R I ; (tom.)
c) Permit Coverage Termination: When a site has been finally stabilized, coverage under this permit is
automatically terminated.
PART I
Page 4
Permit No. COR -030000
d) Compliance with Qualifying Local Program: A constuction site operator that has authorization to discharge
under this permit under Par, LA3 shall comply with the requirements of the Qualifying Local Program with
jurisdiction over the site.
el
Ful] Permit Applicability: The Division may require any owner or operator within the jurisdiction of a
Qualifying Local Program covered under this permit to apply for and obtain coverage under the full requirements
of this pe mit. The owner or operator must be notified in writing that an application for full coverage is required.
When a permit certification under this permit is issued to an owner or operator that would otherwise be covered
under Pan I.A.3 of this permit, the full requirements of this permit replace the requirements as per Part I.A.3 of
this permit, upor. the effective date of the permit certification. A site brought under the full requirements of this
permit must still comply with local stormwater management requirements, policies or guidelines as required by
Part I.C.I.h of this Permit.
4. Application, Due Dates
a) Application Due Dates: At least ten days prior to the anticipated date of discharge, the operator of the
cons- ucnon activity shall submit an application fora as provided by the Division, with a certification that the
Stor-rwater Management Plan (SWIvIP) is complete.
One original completed discharge permit application shall be submitted, by mail or hand delivery, to:
Colorado Department of Public Health and Environment
Water Quality Control Division
WQCD-P-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
b) Summary of Application: The application requires, at a minimum, the following:
1) The operator's name, address, telephone number, tax paver identification number (or employer identification
number), and the status as Federal, State, private, public or other entity;
2) Name, county and location of the construction site, including the latitude and longitude to the nearest 15
seconds of the approximate center of the constriction activity;
3) A brief description of the nature of the constriction activity;
4) The anticipated starting date of the project and the anticipated schedule of completion
5) Estimates of the total area of the site, the area of the site that is expected to be disturbed, and the total area of
the larger common plan of development or sale to undergo disturbance;
6) The name of the receiving water(s), or the municipal separate storm sewer system and the ultimate receiving
water(s);
7) Certification that the SW/v2 for the construction site is complete (see Part I.B. below); and
8) The signature of the applicant signed in accordance with Part LE.1 of this permit.
5. Permit Certification Procedures
If the general permit is applicable to the applicant's operation, then a certification will be developed and the applicant
will be authorized to discharge stornwater under this general permit.
Page 5
Permit No. COR -030000
COVER 4G= YDER THIS PERMIT (con:.)
a) Request for Additional Information: The Division shall have up to ten days after receipt of the above
information to request additional data and/or deny the authorization for any particular discharge. Upon receipt
additional information, the Division shall have an additional ten days to issue or deny authorization for the
particular discharge. (Notification of denial shall be by letter, in cases where Coverage under an alternate genera,
permit or an individual permit is required, instead of coverage under this permit)
b) Automatic Coverage: If the applicant does not receive a request for additional information or a notification of
denial from the Division dated within ten days of receipt of the application by the Division, authorization to
discharge in accordance with the conditions of this permit shall be deemed granted.
c) Individual Permit Required: If, after evaluation of the application (or additional information, such as the
SWMP), it is found that this general permit is not applicable to the operation, then the application will be
processed as one for an individual permit. The applicant will be notified of the Division's decision to deny
certification under this general permit. For an individual permit, additional information may be requested, and 180
days will be required to process the application and issue the permit.
d) Temporary Coverage: Notwithstanding Parts I.A.5.a-c, above, the Division reserves the right to temporarily
cover stormwater discharge from construction activity under general permits, even though individual permit
coverage may be mare appropriate.
Certification of these activities under a general permit does not in any way infringe on the Division's right to
revoke that coverage and issue an individual permit or amend an existing individual permit.
e) General vs. Individual Permit Coverage: Any owner or operator authorized by this permit may request to be
excluded from the coverage of this permit by applying for an individual CDPS permit. The owner or operator
shall submit an individual application, with reasons supporting the request, to the Division at least 180 days prior
to any discharge.
f) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohft,
restrict, or control discharges of stormwater to storm drain systems or other water courses within theirjursdictidi:'
6. Inactivation Notice
When a site has been finally stabilized in accordance with the SWMP, the operator of the facility must submit an
Inactivation Notice that is signed in accordance with Part I.E.1. of this permit. The Inactivation Notice form is available
from the Division and includes:
a) Permit certification number;
b) The permittee's name, address, telephone number;
c) Name, location, and county for the construction site for which the application is being submitted.
d) Certification that the site has been finally stabilized, and a description of the final stabilization method(s).
An inactivation form may not be required for small construction activities if application was made for coverage with a
completion date less than 12 months from the start of construction activity. In such cases, permit certification may be
authorized for a predetermined period from 3 to 12 months. The permit certification will include the automatic
expiration date for permit coverage. If permit coverage beyond that date is needed (i.e., the site has not been finally
stabilized), the permittee must submit an extension request form to the Division at least 10 days prior to the expiration
date.
7. Transfer of Permit
When responsibility for stormwater discharges at a construction site changes from one individual to another, the
permittee shall submit a completed Notice of Transfer and Acceptance of Terms of a Construction General Stormwat
Discharge Permit Certification that is signed in accordance with Part I.E.1. of this permit. The Notice of Transfer fou
available from the Division and includes:
_ — 'Dt—R -MEC P=RINET (con:.)
ai
c)
el
PART I
Page 6
Permit No. COR -030000
Permit ce: a=lcation number.
Name, location, and county for the donstruction site for which the application is being submitted.
The current pe.^nitte_' s name, address, telephone number and the status as Federal, State, private, public or other
entity.
Tne new perminee's name, address and telephone number and the status as Federal, State, private, public or other
entity.
Cer W-ication tha: the new permittee has reviewed the permit and SWMP and accepts responsibility, coverage and
liability, for the permit.
Effective date of transfer.
S. Permit Expiration Date
Authorization to discharge under this general permit shall expire on June 30, 2007. The Division must evaluate and
:tissue this general oertit a; least once every five years and must recertify the applicant's authority to discharge under
the general permit a. such time. Any permittee desiring continued coverage under the general permit must reapply,' by
March 31, 2007. The Division will determine if the applicant may continue to operateunder the terms of the general
permit. As individual permit will be required for any facility not reauthorized to discharge under the reissued general
permit.
9. Individual Permit Criteria
Aside from the acavir: type, the Division may use other criteria in evaluating whether an individual permit is required
instead of this general permit This information may come from the application, SWMP, or additional information as
re;uested by the Division, and includes, but is not limited to, the following:
a) the quality of the receiving waters (i.e., the presence of dow>;trea.-n drinking water intakes or a high quality
fishery, or fo: preservation of high quality water);
b) the size of the construction site;
c) evidence of noncompliance under a previous permit for the operation;
d) the use of chemicals within the stormwater system.
In addition, an individual permit may be required when the Division has shown or has reason to suspect that the
stormwater discharge ;may cont6bute to a violation of a water quality standard.
3. CONTENTS OF THE STOP..MW A i ER MANAGEMENT PLAN
The SWMP shall be prepared in accordance with good engineering, hydrologic and pollution control practices. (The SWMP
need mm be prepared by a registered engineer.) The main objective of the plan shall be to identify Best Management Practices
(B1 s) which when implemented will meet the terms and conditions of this permit (see Part I.C., below).
The plan shall identify potential sources of pollution (including sediment) which may reasonably be expected to affect the
quality of stormwater discharges associated with construction activity from the facility. In addition, the plan shall describe and
ensure the implementation of BMPs which will be used to reduce the pollutants in stormwater discharges associated with
construction activity. Construction operations must implement the provisions of the SWMP required under this part as
a condition of this permit.
The SW1VIP shall include the following items, at a minimum:
1. Site Description
Each plan shall provide a description of the following:
a) A description of the construction activity.
b) The proposed sequence for major activities.
Page 7
Permit No. COR -030000
Ts OF THE STORMWA i ER :MANAGEMENT PLAN (cont.)
c) Estimates of the total area of the site, and the area of the site that is expected to undergo clearing, excavation or
grading.
d) An estimate of the runoff coefficient of the site before and after construction activities are completed and any
existing data describing the soil, soil erosion potential or the quality of any discharge from the site.
e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover.
f) The location and description of any other potential pollution sources, such as vehicle fueling, storage of fertilizers
or chemicals, etc. -
g) The location and description of any anticipated non-stormwater components of the discharge, such as springs and
landscape irrigation return flow.
h) The name of the receiving water(s) and the size, type and location of any outfall or, if the discharge is to a
municipal separate storm sewer, the name of that system, the location of the storm sewer discharge, and the
ultimate receiving water(s).
2. Site Map
Each plan shall provide a generalized site map or maps which indicate:
- construction site boundaries
- all areas of soil disturbance
- areas of cut and fill
- areas used for storage of building materials, soils or wastes
- location of any dedicated asphalt or concrete batch plants
- location of major erosion control facilities or structures
- springs, steams, wetlands and other surface waters
- boundaries of 100 -year flood plains, if determined.
3. BMPs for Stormwater Pollution Prevention
The plan shall include a narrative description of appropriate controls and measures that will be implemented before ar
during const-uction activities at the facility.
The plan shall clearly describe the relationship between the phases of construction and the implementation and
maintenance of controls and measures. For example, which controls will be implemented during each of the following
stages of construction: clearing and grubbing necessary for perimeter controls, initiation of perimeter controls, remaining
clearing and grubbing, road grading, storm drain installation, final grading, stabilization, and removal of control
measures.
The description of controls shall address the following minimum components:
a) Erosion and Sediment Controls.
1) Structural Practices. A description of structural site management practices which will minimi7- erosion
and sediment transport. Practices may include, but are not limited to: straw bales, silt fences, earth dikes, drainage
swales, sediment traps, subsurface drains, pipe slope drains, inlet protection, outlet protection, gabions, and
temporary or permanent sediment basins.
2) Non -Structural Practices. A description of interim and permanent stabilization practices, including site-
specific scheduling of the implementation of the practices. Site plans should ensure that existing vegetation is
preserved where possible and that disturbed areas are stabilized. Non-structural practices may include, but are not
limited to: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips,
protection of trees, and preservation of mature vegetation.
E. CDNTENTS OF THE STORMWATER MANAGEMENT PLAN (cont)
b) - Materials Handling and Spill Prevention:
The SW1vIP shall identify any procedures or significant materials (see definitions at Part LD.) handled at the site
that could contribute pollutants to runoff. These could include sources such as: exposed storage of building
materials, fertilizers or chemicals; waste piles; and equipment maintenance or fueling procedures. Areas or
procedures where potential spills can occur shall have spill prevention and response procedures identified.
Measures to control stomiwater pollution from dedicated concrete batch plants or dedicated asphalt batch plants
covered by this certification, must be identified in the SW1vIP.
Final Stabilization and Longterm Stormwater Management
The plan shall include a description of the measures used to achieve final stabilization and measures to control pollutants
in stormwater discharges that will occur after construction operations have been completed.
PART I
Page 8
Peri. No. COR -030000
Final stabilization is reached when all soil disturbing activities at the site have been completed, and uniform vegetative
cover has been established with a density of at least 70 percent of pre -disturbance levels, or equivalent permanent
physical erosion reduction methods have been employed.
For purposes of this permit, establishment of a vegetative cover capable of providing erosion conaol equivalent to pre-
existing conditions at the site can be considered final stabilization. The permittee will be responsible for providing to the
Division the documentation to make this comparison. The Division may, after consultation with the permittee and upon
good cause, amend the fmal stabilization criteria for specific operations.
5. Other Controls
The plan shall include a description of other measures to control pollutants in stormwater discharges, including pins for
waste disposal and limiting off-site soil track`ng,
6. Inspection and Maintenance
The plan shall include a description of procedures to inspect and maintain in good and effective operating condition the
vegetation, erosion and sediment control measures and otherprotective measures identified in the SWMP.
C. TERMS AND CONDITIONS
1. General Limitations
The following limitations shall apply to all discharges covered by this permit:
a) Stormwater discharges from construction activities shall not cause or threaten to cause pollution, contamination or
degradation of State waters. •
b) Concrete wash water shall not be discharged to state waters or to stone sewer systems.
Bulk storage structure's for petroleum 'products and other chemicals shall have adequate protection so as to contain
all spills and"prevent any spilled material from entering State waters.
t
p o' v 4c c'r a 1 r w; 1 k� i
NQ chemicals are to be added t sthe dueharge unless, pemusston for the use o4 a spectfrLiChemical is granted by
fhe Divssion �In grantmg;Gtile rue of suc chemicals, speciai;onditions and motutebng maybe addressed by
separate letter? • 5� `
T1ie Division'reserves t e right to require satnplmg Sand testing, on a case by -case basis, in the event that there is
reasonto suspectthat cornphance wiih the SWfvIP is a pro ern, or to measuremthe effectiveness of the B1v2s in
removing pollutants in the effhien& Such rnomtoirng may include Whole Effluent Toxicity testing.
Page 9
Permit No. COR -030000
TI -3,2v131 AND CONDITIONS (cent.)
All wastes composed of building materials must be removed from the site for disposal in licensed disposal
facilities. No building material wastes or unused building materials shall be buried, dumped, or discharged at the
site.
g) Off-site vehicle tracking of sediments shall be minimi,ed.
h) All dischargers must comply with the lawful requirements of municipalities, counties, drainage districts and other
local agencies regarding any discharges of stormwater to storm drain systems or other water courses under their
jurisdiction, including applicable requirements in municipal stormwater management programs developed to
comply with CDPS permits. Dischargers must comply with local stormwater management requirements, policies
or guidelines including erosion and sediment control.
2. Prohibition of Non-Stormwater Discharges
a) Except as provided in paragraph b, below, all discharges covered by this permit shall be composed entirely of
stormwater. Discharges of material other than stormwater must be addressed in a separate CDPS permit issued
for that discharge.
b) Discharges from the following sources that are combined with stormwater discharges associated with construction
activity may be authorized by this permit, provided that the non-stormwater component of the discharge is
identified in the SWlvf (see Part I.B.1.g of this permit):
- fire fighting activities - landscape irrigation return flow
- springs
3. Releases in Excess of Reportable Quantities
This permit does not relieve the permittee of the reporting requirements of 40 CFR 110, 40 CFR 117 or 40 CFR 302.
Any discharge of hazardous material must be handled in accordance with the Division's Notification Requirements (se
Part II.A3 of the permit).
4. Stormwater Management Plans
Prior to commencement of construction, the stormwater management plan (SWMP) shall be implemented for the
construction site covered by this permit.
a) Signatory Requirements: The plan shall be signed in accordance with Part I.E.1., with one retained an site.
b) SWMP Review/Changes: The permittee shall amend the plan whenever there is a significant change in design,
construction, operation, or maintenance, which has a significant effect on the potential for the discharge of
pollutants to the waters of the State, or if the SWMP proves to be ineffective in achieving the general objectives of
controlling pollutants in stormwater discharges associated with construction activity.
5. Inspections
a) Active Sites - For sites where construction has not been completed, the permittee shall make a thorough inspection
of their stormwater management system at least every 14 days and after any precipitation or snow -melt event that
causes surface erosion.
1) The construction site perimeter, disturbed areas and areas used for material storage that are exposed to
precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system.
Erosion and sediment control measures identified in the SWMP shall be observed to ensure that they are
operating correctly.
RM: AND CONDITIONS icont.)
P --.RT 1
Page 10
Permit No. COR -030000
Based on the results of the inspection, the description of potential pollutant sources, and the pollution
prevention and control measures that are identified in the SWMP‘sha]] be revised and modified as appropriate
as soot as practicable after such inspection. Modifications to control measures shall be implemented in a
timely manner, but in no case more than 7 calendar days after the inspection.
3) The operator shall keep a record of inspections. Uncontrolled releases of mud or muddy water or measurable
quantities of sediment found off the site shall be recorded with a brief explanation as to the measures taken to
prevent furore releases as well as any measure taken to clean up the sediment that has left the site. This
record shall be made available to the Division upon request.
b) Completed Sites - For sites where all construction activities are completed but final stabilization has not been
achieved due to a vegetative cover that has been planted but has not become established, the permittee shall make
a thorough inspection of their stormwater management system at least once every month. When site conditions
make this schedule impractical, permittees may petition the Division to grant an alternate inspection schedule.
These inspections must be conducted in accordance with paragraphs 1), 2), and 3) of Part I.C.5.a. above.
c) Winter Conditions - Inspections, as described above in a) and b), will not be required at sites where snow cover
exists over the entire site for an extended period, and melting conditions do not exist. This exemption is applicable
only during the period where melting conditions do not exist. Regular inspections, as described above, are
required at all other cines.
6. Reporting
No regular repo.^=g requirements are included in this permit; however, the Division reserves the right to request that a
copy of the inspecrion reports be submitted.
7. SWMP Submittal Upon Rea pest
Upon request, the pe,ninee shall submit a copy of the SWIvIP to the Division, EPA or any local agency in charge of
approving sediment and erosion plans, grading plans or stormwater management plans.
All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of
the CWA. The owner or operator of a facility with stormwater discharges covered by this permit shall make plans
available to members of the public upon request, unless the SWIvIP has been submitted to the Division. However, the
permittee may claim any portion of a SWMP as confidential in accordance with 40 CFR Part 2.
D. ADDITIONAL DEFLNITIONS
For the purposes of this permit:
1. BAT and BCT: (Best Available Technology and Best Conventional Technology) Technology based federal water
quality requirements covered under 40 CFR subchapter N.
2. Best management practices (BMPs): schedules of activities, prohibitions of practices, maintenance procedures, and
other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment
requirements, operating procedures, and practices to count] site runoff, spillage or leaks, waste disposal, or drainage
from material storage.
Dedicated asphalt plants and concrete plants: portable asphalt plants and concrete plants that are located on or
adjacent to a consliuction site and that provide materials only to that specific construction site.
Page 11
Permit No. COR -030000
.CD:770NAL DEFINITIONS (com.)
Final stabilization: when all soil disturbing activities at the site have been completed, and uniform vegetative cover has
been established with a density of at least 70 percent of pre -disturbance levels, or equivalent permanent, physical eros
reduction methods have been employed. For purposes of this permit, establishment of a vegetative cover capable of
providing erosion control equivalent to pre-existing conditions at the site will be considered final stabilization.
5. Municipal storm sewer system: a conveyance or system of conveyances (including: roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), owned or operated by a
State, city, town, county, district, or other public body (created by state law), having jurisdiction over disposal of sewage,
industrial waste, stormwater, or other wastes; designed or used for collecting or conveying stormwater.
6. Operator: the individual who has day-to-day supervision and control of activities occurring at the construction site. This
can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. It is
anticipated that at different phases of a construction project, different types of parties may satisfy the definition of
'operator' and that the permit may be transferred as the roles change.
7. Outfall: a point source at the point where stormwater leaves the construction site and discharges to a receiving water or
a stormwater collection system
8. Part of a larger common plan of development or sale: a contiguous area where multiple separate and distinct
construction activities may be taking place at different times on
different schedules under one plan.
9. Point source: any discernible, confined and discrete conveyance from which pollutants are or may be discharged. Point
source discharges of stormwater result from structures which increase the imperviousness of the ground which acts to
collect runoff, with runoff being conveyed along the resulting drainage or grading pattern.
10. Process water: any water which during manufacturing or processing, comes into contact with or results from the
production of any raw material, intermediate product, finished product, by product or waste product. This definition
includes mine drainage.
11. Runoff coefficient: the fraction of total rainfall that will appear as runoff.
12. Significant Materials include but are not limited to: raw materials; fuels; materials such as metallic products; hazardous
substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to
section 313 of title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the
potential to be released with stormwater discharge.
13. Stormwater: precipitation -induced surface runoff.
14. Waters of the state of Colorado: any and all surface waters that are contained in or flow in or through the state of
Colorado. This definition includes all water courses, even if they are usually dry.
E. GENERAL REQUIREMENTS
1. Signatory Requirements
a) All reports required for submittal shall be signed and certified for accuracy by the permittee in accordance with the
following criteria:
1) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her
duly authorized representative, if such representative is responsible for the overall operation of the facility
from which the discharge described in the form originates;
2) In the case of a partnership, by a general partner;
3) In the case of a sole proprietorship, by the proprietor;
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Penni: No. COR -030000
L'=.Q'.at.=lvE S (cont.)
4) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking
elected official, or other duly authorized employee.
b) Changes to authorization. If an authorization under paragraph a) of this section is no longer accurate because a
individual at position has responsfoiiiry for the overall operation of the facility, a new author:nation
satisfying the requirements of paragraph a) of this section must be submitted to the Division, prior to or together
with any reports, information, or applications to be signed by an authorized representative.
c) Certification. Any person signing a document under paragraph a) of this section shall make the following
certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based an my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the information submitted is, to the best of
my lmowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for blowing violations."
2. Retention of Records
a) The nen-nines shall retain conies of the SWMP and all reports required by this permit and records of all data used
to complete the application to be covered by this permit, for a period of at least three years from the date that the
site is finally stabilized.
b) The permittee shall retain a copy of the SWI Q required by this permit at the construction site from the date of
project initiation to the date of final stabilization, unless another location, specified by the perm ttee, is approved
by the Division.
PART D
M ANAGEMENT REQU REWIENTS
1. Chanae in Discharge
The permittee shall inform the Division (Permits Unit) in writing of any intent to sionincantly change activities from
those indicated in the permit application (this does not include changes to the SWMP). Upon request, the permittee shall
furnish the Division with such plans and specifications which the Division deems reasonably necessary to evaluate the
effect on the discharge and receiving stream. The SWMP shall be updated within 30 days of the changes.
The permittee shall submit this notice to the Division within two weeks after making a determination to perform the type
of activity referred to in the preceding paragraph
Any discharge to the waters of the State from a point source other than specifically authorized by this permit is.
prohibited.
2. Special Notifications - Definitions
a) Spill: An unintentional release of solid or liquid material which may cause pollution of state waters.
b) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent
limitations because of factors beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventative maintenance, or careless or improper operation.
rage 1.7
Permit No. COR -330000
M NAGEMENT REQUIREMENTS (con:.)
3. Noncompliance Notification
a) If, for any reason, the permittee does not comply with or will be unable to comply with any permit limitations,
standards or permit requirements specified in this permit, the permittee shall, at a minimum, provide the Water
Quality Control Division and EPA with the following information:
1) A description of the discharge and cause of noncompliance;
2) The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge
will return to compliance; and
3) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge.
b) The permittee shall report the following instances of noncompliance orally within twenty-four (24) hours from the
time the permittee becomes aware of the noncompliance, and shall mail to the Division a written report within five
(5) days after becoming aware of the noncompliance (unless otherwise specified by the Division):
1) Any instance of noncompliance.which may endanger health or the environment;
2) Any spill or discharge of oil or other substance which may cause pollution of the waters of the state.
c) The permittee shall report all other instances of non-compliance to the Division within 30 days. The report shall
contain the information listed in sub -paragraph (a) of this section.
4. Submission of Incorrect or Incomplete Information
Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a
permit application or report to the Division, the permittee shall promptly submit the relevant application information
which was not submitted or any additional information needed to correct any erroneous information previously
submitted.
5. Bvpass
The bypass of treatment facilities is generally prohibited.
6. Upsets
a) Effect of an Upset
An upset constitutes an affirmative defense to an action brought for noncompliance with permit limitations and
requirements if the requirements of paragraph b of this section are met. (No determination made during
administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance,
is final administrative action subject to judicial review.)
b) . Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed
contemporaneous operating logs, or other relevant evidence that:
1) An upset occurred and that the permittee can identify the specific cause(s) of the upset;
2) The permitted facility was at the time being properly operated;
3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and
`---�----'_� -- - -_21.-..—.v._..._
PART II
Page 14
Permit No. COR -030030
-) The perminee complied with any remedial measures required udder Section 122.7(d) of the federal
reguiations.
c) Bur den of Proof
In any enforernent proceeding the permittee seeking to establish the occurrence of an upset has the burden of
proof.
Removed Substances
Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly
disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the`State.
8. Minimization of Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from
noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring
as necessary to detersine the nature and impact of the noncomplying discharge.
9. Reduction. Loss, or Failure of Treatment Facility
The perminee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit
requirements. Upon reduction, loss, or failure of the u eatment facility, the permittee shall, to the extent necessary to
maintain compliance with its permit, control production, or all discharges, or both until the facility is restored or an
alternative method of treannent is provided.
It shall not be a defense for a permittee in an enforcement action that it would be necessa.-y to halt or reduce the
pe. -fired activity in order to maintain compliance with the conditions of this permit.
10. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this
permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing
and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve
compliance with the conditions of the permit.
RESPONSIBIII
1. Inspections and Right to Entry
The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator,
and/or their authorized representative, upon the presentation of credentials:
a) To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are
required to be kept under the terms and conditions of this permit;
b) At reasonable times to have access to and copy any records required to be kept under the terms and conditions of
this perrnit and to inspect any monitoring equipment or monitoring method required in the permit; and
c) To enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of
water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is
not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs,
interviewing permittee staff on alleged violations, and access to any and al] facilities or areas within the perrdrtee's
premises that may have any effect on the discharge, permit, or alleged violation.
faRe :o
Pe -:nit No. COR -030000
.==poySiBmIIlES (cont.)
Dutv to Provide Information
The permittee shall furnish to the Division, within a reasonable time, any information which the Division may request
de:----raine whether cause exists for modifying, revoking and reissuing, or inactivating coverage under this permit, or to
determine compliance with this permit. The permittee shall also furnish to the Division, upon request, copies of records
required to be kept by this permit.
3. Transfer of Ownership or Control
Certification under this permit may be transferred to a new permittee if:
a) The current permittee notifies the Division in writing when the transfer is desired; and
b) The notice includes a written agreement between the existing and new permittees containing a specific date for
transfer of permit responsibility, coverage and liability between them; and
c) The current permittee has met all fee requirements of the State Discharge Permit System Regulations, Section
61.15.
4, Modification, Suspension, or Revocation of Permit By Division
All permit modification, inactivation or revocation and reissuance actions shall be subject to the requirements of the State
Discharge Permit System Regulations, Sections 61.5(2), 61.5(3), 61.7 and 61.15, 5 C.C.R. 1002-61, except for minor
modifications.
a) This permit, and certification under this permit, may be modified, suspended, or revoked in whole or in part during
its term for reasons determined by the Division including, but not limited to, the following:
1) Violation of any terms or conditions of the permit;
2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or
denial of a permit or to the establishment of terms or conditions of the permit;
3) Materially false or inaccurate statements or information in the application for the permit;
4) Promulgation of toxic effluent standards or prohibitions (including any schedule of compliance specified in
such effluent standard or prohibition) which are established under Section 307 of the Clean Water Act, where
such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any
limitation for such pollutant in this permit.
b) This permit, or certification under this permit, may be modified in whole or in part due to a change in any
condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such
as:
1) Promulgation of Water Quality Standards applicable to waters affected by the permitted discharge; or
2) Effluent limitations or other requirements applicable pursuant to the State Act or federal requirements; or
3) Control regulations promulgated; or
4) Data submitted pursuant to Part I.B or Part I.C.I indicates a potential for violation of adopted Water Quality
Standards or stream classifications.
PAR, ..
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Penni: No. COR -030000
This pe. -:rpt, er cera:cation under this permit, may be modified in whole or in part to include new effluent
and otbt: appropriate oondinons where data submitted pursuant to Pan I indicates that such effluent
limitations and conditions are necessary to ensure compliance with applicable water quality standards and
protection of classified uses.
d A: the reoues: of the perming:, the Division may modify or inactivate cerdficauon under this permit if the
following conditions are met:
1) in the case of inactivation, the perrninee notifies the Division of its intent to inactivate the certification, and
crines that the site has been finally stabilized;
2) in the case of inactivation, the permit -tee has ceased any and all discharges to state waters and demons rates to
Cue Division there is no probability of `other uncontrolled discharge(s) which may affect waters of the State.
3) The Division Ends that the permittee has shown reasonable grounds consistent with the Federal and State
statutes and regulations for such modification, amendment or inactivation;
4) Fee r eouirements of Section 61.15 of State Discharge Permit System Regulations have been met; and
5) Requi:ments of public notice have been met.
For small construction sites covered by a Qualifying Local Program, coverage under this permit is automatically
terminated when a site has been finally stabilized.
5. Permit Violations
Failure to comply with any te.-rs and/Or conditions of -his permit shall be a violation of this permit.
Dischargers of stormwater associated with industrial activity, as defined in the EPA Stormwater Regulation (40 Ll-&.
122.26(b)(14), which do not obtain coverage under this or other Colorado general permits, or under an individual CDPS
permit regia`na indusnial stormwater, will be in violation of the federal Clean Water Act and the Colorado Water
Quality Control Act, 25-8-101. Failure to comply with CDPS permit requirements will also constitute a violation. Civil
penalties for such violations may be up to 510,000 per day, and criminal pollution of state waters is punishable by fines
of up to 525,000 per day.
6. Legal Responsibilities
The issuance of this permit does not convey any property or water rights in either real or personal property, or scream
flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights,
nor any infrngement of Federal, State or local laws or regulations.
No'Hng in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 (Oil and
Hazardous Substance Liability) of the Clean Water Act.
7, Severability
me provisions of this permit are severable. if any provisions of this permit, or the application of any provision of this
petit to any ci cuvstance, is held invalid, the application of such provision to other circumstances and the application
of the remainder of this permit shall not be affected.
rage : i
Penni; No. COR -030000
.___ :,'CSSIii 4.S (con:.;
Renewal Application
If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least ninety (90) da
before this permit expires. If the perrnittee anticipates that there will be' no discharge after the expiration date of this
permit, the Division should be promptly notified so that it can inactivate the certification in accordance with Part
II.B.4.d.
9. Confidentiality
Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Regulations for the
State Discharge Permit System 61.5(4), all reports prepared in accordance with the terms of this permit shall be
available for public inspection at the offices of the Division, The permittee must state what is confidential at the time of
submittal.
Any information relating to any secret process, method of manufacture or production, or sales or marketing data which
has been declared confidential by the permittee, and which may be acquired, ascertained, or discovered, whether in any
sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or
employee of the Commission or the Division, but shall be kept confidential. Any person seeking to invoke the protection
of this section shall bear the burden of proving its applicability. This 'section shall never be interpreted as preventing full
disclosure of effluent data.
10. Fees
The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Failure to
submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant
to Section 25-8-601 et. seq., C.R.S. 1973 as amended.
''-1. Requiring. an Individual CDPS Permit
The Director may require any owner or operator covered under this permit to apply for and obtain an individual CDPS \_ _
permit if:
a) The discharger is not in compliance with the conditions of this general permit;
b) Conditions or standards have changed so that the discharge no longer qualifies for a general permit; or
c) Data become available which indicate water quality standards may be violated.
The owner or operator must be notified in writing that an application for an individual CDPS permit is required. When
an individual CDPS permit is issued to an owner or operator otherwise covered under this General Permit, the
applicability of the general permit to that owner or operator is automatically inactivated upon the effective date of the
individual CDPS permit.
STORM WATER MANAGEMENT PLAN
EnCana Oil & Gas (USA) Inc.
INTRODUCTION
This Storm Water Management Plan (SWMP) has been prepared for various oil and gas
drilling, completion and producing locations within the field provided above in order to
identify Best Management Practices (BMPs) which will be implemented to meet the terms and
conditions of the Colorado Permit for Storm Water Discharges Associated with Construction
Activity. The SWMP has been prepared in accordance with good engineering, hydrologic, and
pollution control practices, and is designed to constitute compliance with Best Available
Technology (BAT) and Best Conventional Technology (BCT), as mandated under the Federal
Clean Water Act and the Federal Water Pollution Control Act as well as rules and regulations
promulgated by the Colorado Department of Public Health and Environment (CDPHE).
This SWMP is intended to prevent or minimize the negative impact of soil erosion on the water
quality of tributary streams (U.S. waters) and their upgradient water sheds by developing
effective engineering design and construction practices. Under state and federal laws, a
SWMP is now required for new construction sites that represent a surface area disturbance
greater than 1 acre (43,560 ft2.
PROJECT DESCRIPTION
EnCana Oil & Gas (USA) Inc. is constructing or has constructed various facilities (See
Appendix A) associated with oil & natural gas well drilling, completion and production.
The general construction sequence for each facility will consist or has consisted of the
following:
• Clear vegetation and establish perimeter stormwater control;
• Remove and stockpile topsoil , grade and compact the project areas level, and clear and
grade right-of-way;
• Excavate reserve pit, and/or ROW;
• Move in drilling or construction equipment;
• Remove all equipment and move in completion equipment to complete well;
• Remove all completion equipment and install semi-permanent production equipment; and
• Re-seed/reclaim the remaining disturbed area with uniform vegetative cover to at least 70%
of pre -disturbance levels.
The total area of surface disturbance for each facility ranges from 1-5 acres. There are no
wetland acreage in the area of the Facilities covered under this SWMP.
The runoff coefficients for the locations within project area are expected to vary between 0.10
to 0.30 and are not expected to change significantly following construction. The project areas
ranged from flat unimproved rangeland to mountainous areas with steep slopes.
The most common substances that could be spilled within the project area are: 1) fuel and
lubricants for construction equipment and vehicles; 2) water or gel based frac fluids
(surfactant, friction reducer, acid, potassium chloride) used during completion; 3) produced
water; and 4) produced crude oilcondensate. No non -storm water components of storm water
discharge such as irrigation return flows or spring discharge are anticipated.
The potential receiving water body for surface water drainage from the various facilities will
be the Colorado River located approximately 4 miles north of the center of the field.
SITE MAPS
A topographic map of the project area showing the locations of the facilities covered under this
plan is presented as Figure 1.
Best Management Practices for Storm Water Management
Erosion and Sediment Controls
Erosion control will be accomplished through a combination of construction techniques,
vegetation, and structural features.
1. Structural Practices
The following are structural site management practices, which will minimize erosion and
sediment transport.
a. To minimize disturbance associated with installation of a facility, level and gently
sloping terrain outside the project area will not be graded, except where reasonable for
construction equipment stability and fire safety.
b. Silt barriers (e.g. brush dams, rock filter dikes, silt fences, hay bales, or water bars) will
be installed as needed on down -gradient portions of the project area.
c. Side hill cuts will be kept to a minimum to protect local resources while providing a
safe and stable plane for the efficient and safe use of equipment.
d. Where conditions warrant, erosion control structures such as berms, water bars,
diversion or collection channels, terraces, or culverts will be constructed to divert water
away from the project area and to reduce soil erosion along and adjoining areas
disturbed during construction.
e. In areas of steep slopes that are not annually cultivated, water bars or runoff diversions,
will be installed as indicated in Table 1. The water bars will begin and end in
undisturbed ground at a 2% slope.
f. Culverts may be installed at a grade ranging from 2-5 percent. Inlet protection may
include inlet aprons and rock armoring around the culvert perimeter while below grade
inlet sumps may be installed to enhance deposition. Outfall protection may include the
use of a rock armored splash pad to slow water.
Table 1
Spacing for Erosion Control Structures
Slope Diversion Spacing (Feet)
5 -15 % 300
16-30% 200
30+ % 100
2 Implementation of Structural Practices
a. Construction sites may utilize vegetative filters, brush dams, rock filter dikes, silt
fences, straw bale dikes, water bars, or equivalent sediment controls installed so as to
protect down slope surface waters, wetlands and roads from sediment flow due to
runoff from a storm event.
b. All grade surfaces, walls, dams and structures, vegetation, erosion and sediment control
measures and other protective devices used for erosion control will be maintained,
repaired and restored as appropriate.
c. All erosion control structures will be inspected at least every 14 days before
implementation of the reclamation phase and within 24 hours after a storm event of 1.0
inch or more. Under normal circumstances, deficiencies will be repaired in a timely
manner. The designated Inspector will maintain documentation of inspections, findings
and corrective actions.
3. Site Preparation
a. Existing cover will be removed only where necessary for the operation of equipment.
In general, vegetation will be cut off near ground level leaving the root system intact.
Cuttings may be stacked into a brush dam, distributed along the contour across
reclaimed areas during reclamation or disposed of as directed by the landowner/agency
representative.
b. Trees and large shrubs that are not cleared from the site will be protected from damage
during construction by avoiding them with equipment. For example, bulldozers will
maintain their blades in a raised position except for areas designated for clearing or to
smooth out sharp breaks in relief.
c. Grading outside the project area will be done only when necessary for the safe
operation of equipment and for fire protection.
d. Trees will be cut or trimmed only to facilitate clearing, grading, and safe installation.
4. Excavation
a. Excavated materials will be stored next to the excavation to protect the material from
vehicular and equipment traffic. As required by the COGCC Reclamation Regulations
all excavation operations on cropland shall separate and store the various A, B, and C
soil horizons.
b. Excavation in sensitive areas may be conducted according to special techniques as
specified by the landowner/agency representative.
c. Excavated surface materials will be utilized as backfill when practicable. An exception
may be some rock excavated by blasting. In these areas, some select backfill may be
required to protect the project area. Excess rock may be pushed into rock filter dikes,
used in energy dissipation zones below culverts, constructed into rock check dams
within grassed swales, distributed over a portion of the project area or disposed of off-
site.
d. All cuts made in steep rolling terrain during construction will be regraded and
contoured to blend into the adjoining landscape and to reestablish the natural drainage
patterns.
e. Materials that are unsuitable for use as backfill or excess backfill material will be
disposed at approved locations.
5. Streams and Wetlands
a. During construction near perennial streams, lakes or wetlands, sedimentation
(detention) basins, straw bales, or fabric filters may be constructed to prevent
suspended sediments from reaching downgradient watercourses, streams, lakes or
wetlands.
b. Disturbance of riparian and wetland areas will be kept to the minimum needed for
construction and installation.
c. The first 1.0 feet of topsoil from wetlands will be salvaged and redistributed over the
trench as quickly as reasonably possible following installation of the pipeline. The
seeds, roots, rhizomes, tubers, and bulbs present in the topsoil will enhance and help
speed up reclamation of wetlands disturbed by construction.
d. Where appropriate, water bars or sediment filters, such as staked straw bales or silt
fences, will be constructed adjacent to the crossings to reduce potential sedimentation
in streams or wetlands. Trenching will cross dry streams. Small flowing streams will
be crossed by fluming or trenching with a downstream silt barrier to reduce
downstream sedimentation.
Materials Handling and Spill Prevention
Hazardous materials and petroleum products to be used in construction of the Facility are
limited to fuel and lubricants for construction equipment and vehicles; small quantities of
paints and solvents; water or gel based frac fluids (surfactant, friction reducer, acid, potassium
chloride) using during completion; produced water; and, crude oil/condensate.
Refueling and lubrication of vehicles will be conducted a minimum of 100 feet back from
flowing streams and wetlands. Spills will be promptly cleaned up and contaminated materials
hauled off-site and disposed of/recycled properly. Quantities of materials on site will be
limited to "as -needed" for the immediate operations underway.
Other Controls
All wastes from materials imported to the construction site are to be removed for
disposal/recycling to an appropriate licensed disposal/recycling facility, including sanitary
sewage facilities (typically portable). No wastes of imported materials shall be buried,
dumped, or discharged to waters of the State.
There are no other pollutant sources from areas other than construction areas expected.
To prevent tracking of sediment onto public roads, the proposed facilities shall have, at a
minimum, compacted ingress and egress areas adjacent to public roads. Other means such as
using gravel, scoria, or cattle guards may be utilized if appropriate.
Maintenance
Maintenance will be the responsibility of the Company. Maintenance will be performed on an
as -needed basis based upon the results of inspections conducted at the site.
INSPECTION
Inspections will be conducted at least every 14 calendar days and within 24 -hours of any
precipitation event exceeding 1.0 inch during construction and prior to initiating reclamation.
After reclamation has been initiated inspections will be conducted at Least every 30 -calendar
days and within 24 -hours of any precipitation event exceeding 1.0 inches until uniform
vegetative cover of at least 70% of pre -disturbance levels has been achieved.
Inspections will be documented and these records kept on file for three years following
reclamation. All negative inspection results will be corrected as soon as practicable.
FINAL STABILIZATION AND LONG-TERM STORM WATER MANAGEMENT
1. Reclamation
a. Unless otherwise directed by the landowner or the jurisdictional authority, rocks, cut
vegetation and other surface material temporarily stockpiled for construction will be
redistributed back across non -fenced portions of the project area following
construction.
b. Disturbed areas will be seeded using seed mixes appropriate to the location. Local soil
conservation authorities with the U.S. Natural Resources Conservation Service, surface
owners and/or reclamation contractors familiar with the area may be consulted
regarding the correct seed mix to be utilized.
c. On terrain where drill seeding is appropriate, seed may be planted using a drill
equipped with a depth regulator to ensure proper depth of planting. The seed mix will
be evenly and uniformly planted over the disturbed area. Drilling will be used where
topography and soil conditions allow operation of equipment to meet the seeding
requirements of the species being planted.
d. Broadcast seeding will occur on steep terrain and on areas such as where the cut
vegetation and rocks were redistributed over the right-of-way.
e. Seeding will be done when seasonal or weather conditions are most favorable
according to schedules identified by the jurisdictional authority, reclamation contractor,
or landowner. Whenever possible, seeding will be timed to take advantage of moisture,
such as early spring or late fall to benefit from winter precipitation.
f. Seed mixes will be planted in the amount specified in pounds of pure live seed/acre,
where necessary. There will be no primary or secondary noxious weeds in the seed
mix.
g.
The reestablishment of vegetative cover as well as watershed stabilization measures
will be scheduled during the working season and before the succeeding winter. In any
case, revegetation treatments will be accomplished as soon as practical following
completion of facility construction.
h. In general, the applicable portions of the project area will not be mulched during
reclamation and revegetation. Mulch will only be applied at the request of the
jurisdictional authority in areas where the cut vegetation and rocks are not redistributed
over the disturbed area. (The cut vegetation and rocks will act like mulch in the areas
where they are applied.) Where straw or hay mulch is requested, the mulch will be
applied and crimped into the soil.
i. The need for fertilizers will be determined in conjunction with the jurisdictional
authority. If fertilization is necessary, the rates of application will be based on site-
specific requirements of the soil.
2. Post -Construction Structural Measures
a. Permanent water bars will be installed on steep slopes according to Table 1 and at
wetland and stream crossing boundaries.
b. Trench plugs will be installed on steep slopes according to Table 1 and at wetland and
stream crossing boundaries.
c. After restoration work is complete, required repairsto vegetation, erosion, and
sediment control structures will be completed along with routine scheduled pipeline
inspections and/or in response to other notification.
STORMWATER MANAGEMENT PLAN
MAMM CREEK TO PUMBA PIPELINE
LOG
Information to be included:
• Records of spills, leaks, or overflows, including time and date, weather conditions, etc.
• Implementation of specific items in the SWMP
• Training events
• Events involving materials handling and storage
• Contacts with regulatory agencies and personnel
• Notes of employee activities, contact, notifications, etc.
• Maintenance and repair of stormwater management controls
• Preventative maintenance activities
• Inspection activities