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Home My WebLink About2.0 BOCC Staff Report 06.14.2004Exhibits for Encana Gathering Services (USA) Inc. SUP Public Hearing held on June 14, 2004 Exhibit better, Ato I i A `: gi .« ..a . <.,ixs, a.i..8, k$"a<« ox°g. "�` • . . . x� �Po' S' w r> � � PZnie `! Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Garfield County Comprehensive Plan of 2000 E Application J F Staff Memorandum , Garfield County Road & Bridge Department --' H ROW Grant and Temporary Use Permit &M 1 Colorado Department of Transportation co conditions of approval, and permit J Garfield County Oil and Gas Auditor, Review letter K Letter of Objection, Dana Gregory L Town of DeBeque, Colorado, Review letter M Town of Parachute, Colorado, Review letter N Grand Valley Fire Protection District, Review letter 0 Garfield County Vegetation Management Review letter P Colorado Division of Wildlife, Review letter Kook d1,%1 ! a� NO N Q ¢ ca -6-0K s'A)' 3oo f:eil 4t.c. 141 e -may , /v/1 ;e4-20,„ r- BOCC 06/14/04 - JH PROJECT INFORMATION AND STAFF COMMENTS REQUEST PROPERTY OWNERS APPLICANT LOCATION north SITE SIZE WATER & SEWER EXISTING ZONING SUROUNDING ZONING Special Use Permit would allow the construction of 16.5 miles of a 24 inch diameter buried natural gas pipeline and related facilities. Cheveron/Texaco, David D. Skinner and Amy L. Skinner, Ivo Lindauer and Betty Jo Lindauer, Robert R. Boruch and Arlene D Boruch, American Soda, L.L.P., Sidney Lindauer (of the Sindney and Ruth Lindauer Family Trust), U.S. Bureau of Land Management, Colorado Department of Transportation Encana Gathering Services (USA) Inc. The use shall begin two (2) miles northwest of Parachute at an existing compressor facility (Roan Cliff), meander through acquired access easement to CDOT ROW and continue southwest along I-70, then divert northwest through additional acquired access easement, ultimately ending four (4) miles of DeBeque 16.5 miles x 200 feet NA A/R/RD A/R/RD I. PROPOSAL & SITE DESCRIPTION gt%) gale The Applicant is proposing . ' • • • ' . •• - - • , ed natural gas pipeline and related facilities. The 16.5 mile site traverses 8 separate land owe -rs from an existing compressor facility (Roan Cliff) 2�h s located 1.5 miles north o?Parachute, Colorado and extends southwesterly to a termination point on BLM property ocate 4 miles north of the town of DeBeque. ado Color planned route and alignment of the pipeline will begin on American Soda property and will parallel the existing Williams Production 20 inch pipeline within CDOT ROW. Construction will occur on two construction spreads and is scheduled to start after June 1, 2004 with a completion approximately 17 weeks later. The project consists of permanent project facilities as well as temporary project facilities that will be 1 VA0 - stow c* necessary only during construction of the project. A 75 -foot wide area has been required on BLM land during construction, of which 30 feet will be maintained as a permanent pipeline right-of-way (ROW). On private land and CDOT ROW, a 65 -foot wide work area will be maintained as a permanent pipeline ROW. Other permanent project facilities include meter stations and block valves. Construction activities will occur o'ver an estimated 17 week period. Construction has begun on BLM land at the agencies request in an effort to prevent seasonal nesting of several species in May prior to clearing and excavation in June and throughout the summer. Assuming a reasonable construction start date, expedient construction progress, and limited weather delays, the reclamation and restoration of the ROW should be completed by late October 2004. Construction in or near the limited residential areas, except for hydrostatic testing, will occur between the hours of...1A.M. and 5 P.M. six days a week, usually Monda tS,( p,tk ',T,��••- �� The natural gas pipeline will be constructed of 24" epoxy fusio 'bond INated`�' `ee. The pipeline will be installed with a minimum 48 inches of cover over the pipe with the exception of creek and road crossings in which a minimum of 60 inches of cover will be required. The pipeline will be operated with induced current cathodic protection and will be hydro tested to meet CDOT (Class II) standards. Sizing of the pipeline was engineered so as to accommodate all current and future natural gas development including potential gas production from the Orchard Mesa north and South Fields. From that point the pipeline will exit CDOT right-of-way and continue in a northwesterly direction across private and BLM land, terminating at and connecting with the TRANSCO Pipeline located in Logan's Wash. Natural Gas will be measured and delivered into the TRANSCO Pipeline at that point. No ca tit& - kit res( Testing of the entire pipeline will be in compliance with DOT regulations, prior to filling the pipeline for a hydrostatic test, each section of the pipeline will be cleaned by passing reinforced poly pigs through the interior of the line. Incremental segments of the pipeline will then be filled with water, pressurized, and held for the duration of the test. The water used for the test will be filtered upon completion of the test and reused for other drilling projects the Applicant has and will not be discharged. There are no existing activities along the proposed right-of-way other than the Williams Pipeline where natural gas from this field is negotiated and accommodated for delivery by the operators on a short-term basis in this 20" pipeline. This proposed pipeline would allow current and future gas volumes to reach additional markets. 5fak-,;. Yhyww. �u{t The surrounding land uses are considered to be low intensity, predominantly range land. Other nearby uses includes relatively large properties consisting of grazing and pasture land, some with single family residences. The property surrounding the subject site is a combination of privately owned, federal (BLM) and Colorado state right-of-way. Ct t° p(4„,p(4„,C struction Phase �1,0 The general construction sequence for each facility will consist or has consisted of the following: 2 • 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 right-of-way • Move in drilling or construction equipment • Remove all equipment and move in completion equipment and install semi-permanent production equipment • Re-seed/reclaim the remaining disturbed area with uniform vegetative cover to at least 70% of pre -disturbance levels During the above referenced processes, there are a number of substances that could be spilled within the project area. These are; a. Fuel and lubricants for construction equipment and vehicles; b. Water and gel based frac fluids (surfactant, friction reducer, acid, potassium chloride) used during completion; c. Produced water; and d. Produced crude oil/ condensate. No non -storm water discharge such as irrigation return flows or spring discharge are anticipated. Erosion Control and Reclamation Erosion control will be accomplished through a combination of construction techniques, vegetation and structural features. Structural features and practices such as; appropriate grading, various silt barriers, minimum side hill cuts, permanent erosion control structures, and culvert protections to minimize erosion and sediment control. Steps will be taken to minimize erosion, restore the natural ground contour, and account for trench settling. Cleanup and restoration of the surface along the ROW and any temporary workspaces will be performed by removing any construction debris and by performing final grading to the finished contour. Reclamation of the proposed special use will incorporate the below noted stabilization practices as a standard throughout the project; • Redistribution of rocks, cut vegetation, and other surface material temporarily stockpiled for construction • Seeding using seeding mixes appropriate to the location (with no noxious weeds in the seed mix) and for all disturbed plant species using a variety of unique and necessary methods such as drilling, broadcast and during most favorable conditions to individual species. Seeding will occur when seasonal or weather conditions are most favorable according and will be scheduled during the working season, before the succeeding winter, and as soon as practicable following completion of facility construction • Other post construction measures will include water bars, trench plugs, and including routine scheduled pipeline inspections which will identify the need to repair to vegetation, erosion, and sediment control measures. .6(/rrw — � a c ---r //e- ifv-C 3 • Regulatory Permit Requirements Below is a list of the Agencies and permits or actions, in addition to this Special Use Permit that are required for the proposed use, all of which the applicant has applied for and received: • Bureau of Land Management Finding of No Significant Impact (FONSI) 5 separate FONSI for the project. • Bureau of Land Management Right -of -Way Grant/Temporary use permit • US Army Corps of Engineers 404 CWA Permit • Colorado Department of Transportation Utility Use Permit • US Environmental Protection Agency National Pollution Discharge Elimination (NPDES) System Discharge Permit • Colorado Department of Public Health and Environment National Pollution Discharge Elimination (NPDES) System Discharge Permit IV REFERRALS Staff referred the application out to the following review agencies and or County Departments: a. b. c. d. e. f. g. h. i. J. k. 1. m. n. V. Town of DeBeque: Town of Parachute: Grand Valley Fire Protection District: Colorado Department of Transportation: Colorado Division of Wildlife: Colorado Dept. of Public Health & Environment: Colorado Division of Water Resources: Bureau of Land Management: US Corps of Engineers: Garfield County Road & Bridge: Garfield County Vegetation (Steve Anthony): Garfield County Attorney: Engineering: Michael Erion, Resource Engineering: Oil & Gas Auditor, Doug Dennison: WRITTEN OPPOSITION Comment Received Comment Received Comment Received Comment Received Comment Received Comment Received NO Comment Comment Received NO Comment NO Comment Comment Received NO Comment NO Comment Comment Received • Exhibit XXX — Letter from Dana Gregory who is not able to make it to the Public Hearing, stating opposition to the proposed use if it interferes with and inhibits use or 4 x access of the property holder's interests. Response: There are no easements for the proposed use on the Gregory property that would interfere, restrict access, or inhibit the use of the property after construction phase has been completed. The Applicant has indicated that there will be prior notice given to all affected homeowners well in advance of the construction of any utilities on their property. VI. COMPREHENSIVE PLAN %LG lje - f QA / " `U /%C. X The property lies wit in Study Areas 3 & 5 and is designated t e proposed land use map as: Open Space, Public Lands, and Privately Owned Lands with site specific use limitations such as: floodplain, slope hazard, soils hazard, septic constraints, or surficial geology (mud flow, debris fan). The Applicants proposal is industrial which is consistent with the present designation. Within the written text of the Garfield County Comprehensive Plan of 2000, consider the following Goals, Objectives, and policies that apply to the proposal: a. Goals Garfield County will encourage the long-term commercial and industrial development of a diversified industrial base for the County which recognizes the human resources, natural resources, and physical location -to -market capabilities of the community, and which further recognizes and addresses the social and environmental impacts of industrial uses. Staff Response: The proposed use would serve to further support the commercial and industrial goals and objectives of Garfield County by providing local jobs. There are limited social and calculated environmental impacts that have been mitigated throughout the application and through permitting agency requirements, conditions and constraints. Locating this industrial use at this location is consistent with the Plan. This item has been ✓ met. b. Objectives 4.2 To ensure that commercial and industrial developments are compatible with adjacent land uses and mitigate impacts identified during the plan review process Staff Response: The proposed use is located on public lands and state right-of-way such as the State of Colorado, Texaco/Conoco, and Bureau of Land Management and various private land owners. The area of the proposed use is generally rural and has been used for historical ranching and Federal preservation. There is very little single-family residence near the proposed use which are mainly found along the highway 6 & 24 right-of-way. This proposal will utilize portions of existing State right-of-way in this area which also currently houses the Williams pipeline that was installed in 2002; that installation has seen moderate to high success in terms of negative impact, compatibility, revegetation and reclamation. This item has been met. 5 4.3 Encourage the location of industrial development in areas where visual, noise, air quality, and infrastructure impacts are reduced. Staff Response: the proposed use during installation and construction will be accessed from a number of locations; County Road 204 & 215 and Interstate 70 (I-70). Once in place the gas piplinewill not be visible or apparent if the Applicant has met the terms of the reclamation of the entire site as proposed in the application and as required by the various permitting agencies. Additionally, in terms of construction and continued use of the proposed use in residential areas, the Applicant proposes several construction practices to help minimize the impact on these areas. These are: • Trenches left open overnight during construction and within 100 feet of a residence will be fenced, but not left open longer than 3 days total. • Owners of private roads along the route will be notified at least 24 hours in advance of planned road crossings. • Private road crossings will be completed within 3 hours and roads will be restored to preconstruction condition or better. • Access to and from residences will be maintained at all times unless authorization is obtained from the land owner. • Construction activities, except for hydrostatic testing, will occur between the hours of 7 A.M. and 5 P.M., six days a week, usually Monday to Saturday in residential areas. • Where necessary, topsoil will be imported. This item has been met. 4.6 Ensure the type, size, and scope of industrial and commercial development are consistent with the long-term land use objectives of the county. Staff Response: The use is generally consistent with the Comprehensive Plan and in unique proximity to Highways 6 &24 to utilize existing pipeline ROW as well as the remote nature of a portion of the project. This item has been met. 4.7 Ensure that zoning regulation addressing commercial and industrial uses reflects the changing land use patterns and demographics of the County and encourage the further diversification of the County's economy. Staff Response: The property is located adjacent and to the north and northwest of I-70 and Highway 6&24 in the western part of Garfield County and allowing the installation of this/ use in this location is consistent with the Plan. This item has been met. 4.8 Ensure a commercial and industrial development policy that is environmentally sound and 6 acceptable to County residents and policy makers. Staff Response: The proposed use has been designed responsibly taking into account the needs of the surrounding population and environment and has been appropriately planned by working with state and federal agencies concerning reclamation, preservation and minimizing / the effects of overland flow and material loss from floods. This item has been met. qty%' /e id / 74 Zo adle . Special Uses are subject to the standards in Section 5.03 of the Zoning Resolution. In addition, the proposed use, due to its industrial nature, shall also be required to address the industrial performance standards in 5.03.07 and 5.03.098 of the Zoning Resolution. These review standards are presented below followed by a response by Staff. VII. REVIEW STANDARDS A. Section 5.03 Review Standards 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Response: For temporary domestic water purposes during the construction phase of this project the applicant will provide adequate bottled or cooler water for their employees. There is no need for the long-term provision of water services for the proposed use. The Applicant has gained adequate water resource access and permits for the use of water for all industrial use on the proposed project. Regarding wastewater, the Applicant proposes to provide portable toilets to handle waste and test water at various locations and phases during construction of the proposed use. This item has been met. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Response: The Applicant indicates the proposed operation will require the use of buses (minimum of 4 and maximum of 6) for all non specialized employees during the construction phase, and no personal vehicles will be allowed on site. The anticipated numbers of personnel during the construction phase of the project are 150+/- on a daily basis. Not included in these numbers are approximately 4-6 third party inspectors whose job will be to insure compliance of construction procedures and private and BLM stipulations. There will be as many traffic trips for compliance after the construction window of June -September 2004. Main Access to Property for construction June -September 2004 and Maintenance thereafter: Access to and from the property is from County Road 215 on the east and County Road 204 on the west and immediate access along Highways 6 &24 for approximately 7 miles of the project length. This item has been met. 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of 7 the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Response: The Applicant has shown how the proposed final use will not visually impact adjacent uses on a Long-term basis due to the subsurface use of the project. This item has been met. B. Section 5.03.07 Industrial Operation Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided: 1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: a) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; Staff Response: See Section 5.03(1) earlier in this report for adequate utility provisions. This item has been met. b) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; Staff Response: The applicant has provided information in the initial application that demonstrates the ability to proceed with the proposed use without exceeding normal or acceptable levels of the nuisance indicators listed above. This item has been met. c) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; Staff Response: The applicant has demonstrated through their explanation of construction processes how they will mitigate excavation activities and eventually reclamation will be to the status and natural pre -construction level of the ecosystems affected by the project. This item has been met. d) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; 8 Staff Response: Please refer to Section 5.03 Review Standards (2) for traffic to and from the site. This item has been met. e) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); Staff Response: as noted earlier, the proposed use will have minimal and mitigated impact during construction and little perceptible impact because of the burial of the use and in most cases, the moderate distance to any abutting or adjacent uses This item has been met. . Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution Staff Response: The Applicant has accounted for potential impacts in addition to reclamation requirements as noted in the various Exhibits entered and accepted for this project: This item has been met. 2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following: a) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; Staff Response: As indicated above, the Applicant has accounted for potential environmental, economic and physical impacts in addition to the reclamation requirements as noted in the various exhibits and application materials entered and accepted for this project: This item has been met. b) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; Staff Response: The applicant can provide the County Commissioners a financial guarantee for site rehabilitation. Staff would recommend a security for this project and a similar and recent project rate of security has been placed at $1,000.00 per acre. This item has been met. 9 c) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. Staff Response: see Section 5.03.08 Below. C. Section 5.03.08 Industrial Performance Standards All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: 1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. Staff Response: By locating the entire proposed underground, noise levels at the property boundary generally can be minimized. The operator indicates they have demonstrated that they can comply with the standards set forth by the State of Colorado at other locations in which they have operated similar projects and there will be only a minimum impact from the volume of sound generated from the operations on the property. The Applicant did not provide any supporting analysis indicating how "minimized" is meant to be was determined. As the Board is aware, the county uses the Colorado Revised Statutes (CRS 25-12-101) for determining noise impacts. The Statute states "Sound levels of noise radiating from a property line at a distance of 25 feet or more there from in excess of the dB(A) established for the following time periods and zones shall constitute (prema facia) evidence that such noise is a public nuisance," The table below shows the zones and dB(A) acceptable for each zone and particular time. Zo lain to 7pm piit io 7 an Residential 55 dB(A) 50 dB(A) Commercial 60 dB(A) 55 dB(A) Light Industrial 65 dB(A) 70 dB(A) Industrial 80 dB(A) 75 dB(A) As the Board is also aware, the statute is somewhat ambiguous in the following two ways: 1) whether the noise impact should be evaluated from the sender (emitter) or receiver (neighboring use), and 2) weather the "zones" refer to the zoning classification of a particular piece of property or the actual predominant use thereon. The only certain element in this statute is the fact that we know where to measure the noise levels (25 feet from the property line of the emitter). Based on past practice, Staff finds that noise 10 impacts should be measured as they relate to the receiver properties (the neighbors), and 2) the "zone" classifications offered by the statute (in the table above) refer to the actual use on the property rather than the underlying Garfield County zone district designations. Thestandard requires that the "volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. this standard is met. 2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; Staff Response: As found elsewhere in this report, there is sufficient evidence that there wilretall.y'be adequate mitigation of nuisances during the normal operations of the proposed use, and minimized times of nuisance during the construction phase of the project. This item has been met. 3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; Staff Response: As found elsewhere in this report, there is sufficient evidence that there It will cg;exeraityGe adequate mitigation of nuisances during the normal operations of the proposed use, and minimized times of nuisance during the construction phase of the project. This item has been met. 4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; Staff Response: As found elsewhere in this report, there is sufficient evidence that there will general ylse adequate mitigation of nuisances during the normal operations of the proposed use, and minimized times of nuisance during the construction phase of the project. This item has been met. VIII. OTHER REVIEW COMMENTS /Town of Parachute — the town has submitted a list of concerns. Staff recommends that the Applicant contact the City and discuss these items, and prior to the issuance of the SUP, the city shall provide the Applicant with requirements that must be met or provide the Garfield County Building and Planning Department a letter stating there is no obj ti rrtn- . e •osed project. VTown of DeBeque — the Town has sub ' ted a letter containing 2 item. for consideration and the Applicant shall be prepared to meet t m priorro a of the P. 11 v/ureau of Land Management — the BLM has as a part of their permittin rocess, compiled a list of "Conditions of Approval" and "Standard Stipulations" (see Exhibit that are to be adhered t 23� during and after construction and Garfield County recommends that these also be included a�. conditions of approval for the proposed use on all non-BLM lands as well. These items will all be listed within the eventual Resolution of Approval. arfield County, Oil and Gas Auditor, Doug Dennison — the Auditor is concerned with several inconsistencies within Appendix F and G and as to the future use and staus of the water that will be used for Hydrostatic testing arfield County Vegetation Management, Steve Anthony — Vegetation Management has submitted a review and those conditions have been included in the Recommendations at the end of this report 1/,'rhe Grand Valley Fire Protection District, David Blair — the District has submitted a review and those conditions have been included in the Recommendations at the end of this report tate of Colorado, Department of Transportation — CDOT has as a part of their permitting process, compiled a list of"Special Provisions for Utility Installations" (see Exhibit I) that are to be adhered to during and after construction. These items will all be listed within the eventual Resolution of Approval. State of Colorado, Division of Wildlife — The Division has submitted a review and those conditions have been included in the Recommendations at the end of this report IX. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete and that all interested parties were heard at that meeting; and all pertinent facts, matters and issues (other than sound levels of the proposed use) were submitted prior at the meeting. 3. That for the above stated and other reasons, the proposed conditional use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. X. STAFF RECOMMENDATIONS + C crJc aNV) bfa 12 `5t/1`2Y1) Staff recommends APPROVAL, with the following condit o In4of z`^" Arr The project lies within the "winter range" and "severe winter" range for deer. A small portion of the project lies within the "winter range" for elk. No construction sh'uld occur during December 1' and April 15th Ill G% -"'V` 2. Post construction n during full implementation of the project, impacts on the above mentioned species c be minimized by using remote monitoring systems that reduce the level of human activity along the pipeline corridor during the winter period 3. The removal of native vegetation will negatively impact t e native species associated with this project. Therefore, a suitable sagebrush species sh ld be added to the seed mix in combination with a suitable mixture of grass/forb/shru seed. Seed plantings should be undertaken on disturbed soils which are prepared with a ripping tool than t creates an uneven soil surface and seed bed Ida 4. The replacement of rocks in comparable natural densities wherever rock outcroppings are disturbed. The DOW also supports the boring otoutrcroppings to preserve habitat and keep the total habitat disturbance to a minimum. R vegetation success should not just be based on the density of preferred plant species; it sho ld also be based on the absence of invasive and noxious weds. 0�Ll Wei( 6. Associated negative impacts to the natural environment c be mitigated and/or minimized by disallowing public access of the site to motor vehicle P adat' f wildl' habit is is lik m this pi s , ine instal atio to 0 cur th incr as; o ga A post revegetation security for the parts of the pipeline that is not on Colorado Department of Transportation right of way or on Bureau of Land Management property shall be received from the applicant prior to issuance of the SUP. The security shall be held by Garfield County until vegetation has been successfully reestablished ing to the Reclamation Standards in the Garfield oulp✓ Weed oManage^ent P n� /p y , Geo fzre5 9. Traffic to� o the site Is -to be Rept towa minimu of 8-1 bus trips per day and no more than 12 trips involving third party inspectors during construction. No more than 12 trips per day shall be allowed after the completion of construction on the project. 10. Noise levels shall bee kept to and within the minimum allowed levels as noted in the matrix contained in this report. 11. The management of vibration, smoke and particulate matter and the emission of heat, glare, radiation, and fumes shall all be reduced and minimized to meet the guidelines and requirements set forth in this report so as not to adversely impact the immediate adjacent 3k- cf)ofi Of DO 13 area. 12. Prior to the issuance of the SUP, the Applicant shall meet with the Town of Parachut ., identify requirements that must be met to mitigate the impact of the proposed project and the applicant shall meet these requests. The town shall provide the Garfield County Building and Planning Department a letter stating the Applicant has satisfied said requirements or provide same with a letter stating there is no objection to the proposed project. 13. Prior to the issuance of the SUP, the Applicant shall meet with the Town of DeBeque and 1,k identify requirements that must be met to mitigate the impact of the proposed project and the applicant shall meet these requests. The town shall provide the Garfield County Building and Planning Department a letter stating the Applicant has satisfied said requirements or provide /'' inc with a letter stating there is no objection to the proposed project. P14. the BLM has compiled a list of "Conditions of Approval" and "Standard Stipulations" (see (% Exhibit H) that are to be adhered to during and after construction on BLM land and Garfield rCounty recommends that these also be included as conditions of approval for the proposed use on all non-BLM lands as well. '1 15. The applicant shall provide a written commitment to insect monitor, and be responsible for inspect,P the management of any of Garfield County's Noxious Weeds that may enlefsvm private lands that are disturbed by the pipeline. Xi4..recpAestcdsulle applicanrespond to any complaints by landowners regarding pipeline noxious weeds in a timely manner. It is also recommended that the applicant cooperate with the Colorado Department of Transportation in developing a weed management plan for any noxious weed infestations that occur on the pipeline within CDOT rights-of-way. 6. If the applicant uses straw or hay as either a mulch or as a sediment barrier the straw or hay should be certified as weed free by the Colorado Department of Agriculture. 17. The Grand Valley Fire Protection District $ .r� :: - if d of any road cuts that might pose an access impediment as it relates to any residential or commercial structures it is charged with protecting. 18. Dust Control shall be included along Highway 6 & 24 as well as Interstate I-70 and no owner shallwaive the dust control requirement. 19. Post -Construction Maintenance of Temporary Erosion Control Measures — It is obvious that the date 2003 is incorrect and it assumed that 2005 is meant in its place. It is also ldassumed that any roads not bored, will be part of the post -construction monitoring process. 20. The list of 10 seed types, to be applied @ 12.O lbs PLS/Acre is different than the list on page 24, of the Environmental Assessment. That list has 6 seed types and an application rate of 11.5 lbs/Acre PLS. there is no concern with the seed mixture, rather that it will be 14 applied to all disturbed soils, so as to prevent the influx of cheat grass as the primary plant species. 21. The Grand Valley Fire District requires a phone list of supervisory personnel, as it relates to construction activities. This list should also contain phone numbers, office and cell. At that time, the District will visit with the Company / Contractor Safety personnel as to any potential impacts that the fire ban may pose on the project. 22. The Grand Valley Fire District would like to be made aware of any road closures. Access to structures needs to be provided, either by a bypass or convenient detour, as suggested in the text. Any bypasses or detours will need to be compacted as per 1997 Uniform Fire Code, so as not to limit access by large pumpers and tenders. 23. In the event of a "True Emergency", the Fire Guard sl'd call the Dispatch Center direct, rather than the Grand Valley Fire Protection District. The Contractor has listed a back-up plan of contacting their yard and having emergency information relayed to Dispatch by telephone. This is an acceptable alternative to direct contact with the Dispatch Center. 24, The Grand Valley Fire Protection District reserves the right to shut down all operations in the event of high fire danger as well, until risk or potential for risk have been mitigated. It is also noted that because the entire project is within Garfield County, the Garfield County Sheriffs Office should be directing activities outside of the Grand Valley Fire Protection District, as it relates to possible ceasing of activities, and not the Mesa County Sheriff's Office Fire Marshall. 25. The Grand Valley Fire Protection District is responsible for the eastern half of the project or more specifically, everything east of the turn back under I-70, near the county line. Everything west of this location is the responsibility of the Garfield County Sheriff's Department. 26. The listed fire suppression contact for Private and State Lands, Colorado is incorrect. It needs to be changed to the Garfield County Emergency Communications Dispatch Center, in Rifle. When contacting the Garfield County Emergency Communications Dispatch Center, please call 625-8095. Also, the Grand Valley Fire Protection District is responsible for initial suppression on federal lands within the District as well. 27. Once activities start, please provide the District with the name(s) of Primary and alternate emergency coordinators as well as their appropriate emergency / non -emergency contact phone numbers. 28. Appendix "G" Hazardous Materials Management & Spill Prevention, Section 6.1 Required Notification — Please change the first bulleted contact to 625-8095 (911 Dispatch Center). The last bulleted item needs to have the phone number changed to (970) 384-6436, Mike Piper, Fire Chief, Glenwood Springs, CO. It is noted in the second 15 CP, paragraph that the Colorado River is to have a 20' deep bore under it. It is assumed that this was added in error, or not deleted from a previous use of this plan. 9. Appendix "I" Pipeline Plan & Profile Drawings — Sheets 4703 and 4704 are missing from e submittals. These sheets depict work, which will be done within the District. Therefore the District would like a copy of them prior to issuance of the SUP. The District does not believe there will be any need to evaluate these drawings prior to issuing an approval. 30. Associated Project Permits, 6840 — Special Status Species Management — There are numerous pages missing, making it impossible to review this section. Therefore the District would like a copy of them prior to issuance of the SUP 31. EnCana Water Contract, West Divide Water Conservancy District, Letter dated March 3, 2003 — It appears that there may be a second page to this letter and the Grand Valley Fire Protection District would like a copy of the missing pages prior to issuance of the SUP 32. CDOT has as a part of their permitting process, compiled a list of "Special Provisions for Utility Installations" (see Exhibit I) that are to be adhered to during and after construction. These items will all be listed within the eventual Resolution of Approval. XI. ' ECOMMENDED MOTION "I move allow th facilities northwes access ea additional Encana Ga to APPROVE the request with the above noted requirements for a Special Use Permit to construction of 16.5 miles of a 24 inch diameter buried natural gas pipeline and related on a property (as described in the submitted application) that shall begin two (2) miles of Parachute at an existing compressor facility (Roan Cliff), meander through acquired ement to CDOT ROW and continue southwest along I-70, divert northwest through cquired access easement, ultimately ending four (4) miles north of DeBeque, owned by hering Services (USA) Inc. t 33 1 R.4-3 1( o'G sr2e-ewe cAll-pri 0"( 6 i.A Ccrt4/, 4tAilt kle- 0">4PA4fr-tk-t/ Sito1A-1/6--(t-,- .M6 .-- 16 .2 s oVV‘e4( e(10÷;�u .� gip. �F CdN�Grl, ✓ Cew4w.( /lr6 F�- f�f�^6/uwc�y X; e al -4)6A, 5tfia4 "if 5-1,/)-divr 56( aki-e GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: May 5, 2004 Comments Due: June 1, 2004 Name of application: Encana Gathering Services (USA) Inc. Sent to: Garfield County Road and Bridge Dept. EXHIBIT Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: Jim Hardcastle 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General comments: Garfield County Road and Bridge Dept. has concerns on the roads that will be used during the construction of this pipeline. All companies that will be hauling materials and equipment shall comply with all oversize/overweight requirements of Garfield County. Chip seal or asphalt roads that incur damage will be repaired to the conditions set forth by the Road and Bridge Dept. Unpaved roads may require dust control as required by the Road and Bridge Dept. Contractors should contact Kraig Kuberry at 625-8601 Ext. 106 for information on these roads and requirements prior to starting construction of the pipeline. Oversize/overweight information can be obtained by contacting the Garfield County Road and Bridge Dept. office at 625-8601 during normal office hours. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date June 7, 2004 Revised 3/30/00 ]N REPLY REFER TO: C013000(2880) COC -67267 COC -67267-01 United States Department of the Interior BUREAU OF LAND MANAGEMENT Grand Junction Field Office 2815 H Road Grand Junction, Colorado 81506 CERTIFIED MAIL NO. (completed in office) RETURN RECEIPT REQUESTED EnCana Gathering Services (USA) INC. 792 Buckhorn Dr. Rifle, Colorado 81650 Attn: Jeff Reale: DECISION TAI(E m PRIDE IN AMERICA mamma MmmoommmMilimmemW MAY 2 0 2004 Right -of -Way Grant COC -67267 and Temporary Use Permit COC -67267-01 Issued - Rental Determined Enclosed are copies of right-of-way grant serial numbers COC -67267 and COC -67267-01, which have been approved by the Bureau of Land Management. This application has been determined to be a Category VI application; all fees have been received. Rental has been determined to be $438.01, and has also been received. The issuance of this right-of-way grant'constitutes a final decision by the Bureau of Land Management in this matter. This decision may be appealed to the Interior Board of Land Appeals in accordance with the regulations in Title 43 of the Code of Federal Regulations, Part 4.400 and the enclosed form CSO 1840-3. The form also includes instructions for ,requesting a stay of the decision appealed. If an appeal is taken, the notice of appeal must be filed in this office at the above address within 30 days from receipt of this decision. The appellant has the burden -of showing that the decision is in error. Sincerely, (� ,t /rCuiL.� Catherine Robertson Field Manager Enclosures (2) 1 - R/W Grant 2 - Form CSO 1840-3 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT SERIAL NUMBER COC -67267-01 1. A temporary right-of-way is hereby granted pursuant to Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185). 2. Nature of Interest: a.By this instrument, the holder: EnCana Gathering Services (USA) INC. 792 Buckhorn Dr. Rifle, Colorado 81650 receives a right to temporarily utilize an additional 45 feet of public land immediately adjacent to Right -of -Way COC -67267, and two stagine areas of approximately 5 acres each, to aid in construction of the 29 - inch buried natural gas pipeline on public lands described as follows: Township 7 S., Range 97 W., 6th PM Additional work space, pipeline: Section: 31 NWSE,NWSWSE 31 SESWNE, SWSENE, E2SE Township 8 S., Range 97 W., 6th PM 5 S2S2NE 5 SWNW,S2SENW 6 NENE,NESENE 10 NESENE, SWNENE, S2NWNE 10 NWSENE, SESENE, N2NWSENW 10 S2SENENW 11 NWNWSE,SWNWSE 11 SWSWNW, SESWNW, NENWSW 11 W2NESW, SENESW,NENWSE 12 S2NESWNE, S2NWSWNE 12 S2NWSENE, N2SWSWNE 12 S2SWNW,S2SENW Staging areas: Section: 5 NWNWSE 12 SWSENW Garfield County, Colorado b.The temporary right-of-way or permit area granted here along the pipeline is approximately 22,809 feet long and 45 feet wide (approximately 23.563 acres); the staging areas contain approximately 5 acres each. Total permit area is 33.563 acres, more or less. c.This instrument shall terminate on 11? Ikr2b')3/,21Yt3 /, upon 7 months from its effective date unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. d.This instrument may be renewed. If renewed, the right-of-way or permit be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. e.Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, COC -67267-01 p.2 until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. 3. Rental: For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable and feasible, in accordance with comparable commercial practices. 4. Terms and Conditions: a.This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2800. b.Upon grant termination by the authorized officer, all improvements shall be removed from the public lands within 90 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer. c.Each grant issued for a term of 20 years or more shall, at a minimum, be reviewed by the authorized officer at the end of the 20th year and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. d.The map and stipulations set forth in right-of-way 000-67267, and the Plan of Development, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. e.Failure of the holdertocomply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof. f.The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. IN WITNESS WHEREOF, The undersigned agrees to .the terms and conditions of this right-of-way grant or permit. Signature of Holder ,,, ar,:,at 1a-4 Sof Title Title 01771b, 6c.“ Signature of Authorized Officer Field Manager, Grand Junction (Date) 40. /4 (Date) Exhibit B COC -67267 p. 1 of 5 CONDITIONS OF APPROVAL 1. The holder shall request a pre -construction conference with the AO at least two days prior to the start of construction. The contact person is Tom Bargsten at the GJFO, phone (970) 244-3030. 2. The centerline of the ROW and the exterior limits shall be clearly flagged prior to any construction activity. 3. The segment of pipeline extending westward from the I-70 underpass in Section 12, T.8 S., R.97W., 6th PM shall be bladed first after receiving the Right -of -Way Grant, to mitigate any potential for harm to native birds by removing habitat in which they could lay viable eggs or raise nestlings that could be destroyed by construction activities. 4. Construction activities shall be conducted so as not to disturb more than the minimum area needed for construction of the buried pipeline. 5. All disturbed areas shall be contoured to blend with the natural topography. 6. All soil erosion associated with construction of the pipeline and facilities must be stabilized to a condition at least equal to that present before disturbance. 7. The following seed mix of certified seed will be applied to all disturbed areas of BLM. Species Application Rate Common Name Pounds/Acre PLS Paloma Indian ricegrass 3.0 Luna pubescent wheatgrass 2.5 Viva galleta grass 2.5 Rincon Fourwing Saltbrush 1.5 Shadscale 1.5 Bott]ebrush squirreltail 1.0 TOTAL 12.0 Prepare seedbed by contour cultivating four to six inches deep. Drill seed after September and before soil is frozen, covering seed 1/2 to % inch deep. Where seed cannot be drilled, broadcast application shall be used at twice the recommended application rate. Seeding must be completed prior to December 15, 2004. 35 Exhibit B COC -67267 p. 2 of 5 The area is considered to be satisfactorily reclaimed when: A. Soil erosion resulting from the operation has been stabilized. B. A vegetative cover at least equal to that present prior to disturbance and a plant species composition at least as desirable as that present prior to disturbance has been established. Establishment of all the species in the seed fommla will be considered as meeting the composition/ desirable species criteria. Additional work will be required until these conditions are satisfied. 8. Only certified seed and weed -free mulch (straw bales) shall be used. 9. All construction heavy equipment shall be pressure washed prior to entry on project lands to remove potential noxious weed seeds. 10. Trash shall be confined in a covered container while the project is in progress. Upon completion, all trash, flagging, laths, etc shall be removed and hauled to an authorized disposal site. No burning of trash, trees, brush or any other material shall be allowed. 11. Proponent shall paint all above ground facilities on BLM lands, except those specifically exempted by safety regulations, in either Carlsbad Canyon, Juniper Green or other colors as directed by the BLM AO. Use of such colors for facilities located on private lands is encouraged. 12. Thirty days prior to termination of the ROW, the holder shall contact the AO to arrange a joint inspection of the ROW to formulate an acceptable termination and reclamation plan. This plan shall include, but is not limited to, removal of facilities, recontouring, stabilizing, or seeding. The AO must approve the plan in writing prior to the holder's commencement of any abandonment activities. 13. It is the holder's responsibility to coordinate with all other rights-of-way holders to make sure that any conflicts are resolved. Other ROW holders include, but are not limited to, Qwest, CDOT, Public Service Company, Union Pacific RR, Grand Valley Power, and TransColorado Pipeline. 14. Applicant/Lessee shall comply with all County resolutions and regulations and permit requirements. Applicant/Lessee shall comply with all applicable local, state or federal air quality laws, statutes, regulations, standards or implementation plans. During construction, fugitive dust emissions from traffic on unpaved roads 36 Exhibit B COC -67267 p.3 of 5 will be minimized by watering as needed (or other mitigation measure) to achieve at least 50 percent control of particulate matter. Applicant/Lessee shall operate the CO2 amine treatment facility in a manner that maintains noise levels at or below 55 dB(A) at each nearby sensitive receptor (habitable dwelling, hospital, school, library, or nursing home). 15. All stipulations and requirements included in the POD, as approved by the BLM AO, will be adhered to. In the event of a conflict between measures included in the POD, and those defined here, measures contained in this document shall prevail. Any variation must receive prior approval from the BLM AO. 16. Some of the vegetation and rock excavated during construction should be set aside and then placed on the reclaimed disturbance in such a way as to discourage unimpeded travel along the pipeline route. The objective is to eliminate development of a new, unplanned motorized route in the area. 17. Adobe thistle: For a period of at least 3 growing seasons following pipeline construction the applicant will perform an annual monitoring examination of adobe thistle re-establishment and submit a report of findings by November 1 of each year. The examination will document the numbers and condition of abode thistle plants present within the area disturbed during construction. If at least 100 individuals have become established within 3 years, substantial evidence of re- establislmrent will have been achieved, and no further action will be required. If fewer than 100 individuals are present, the applicant will collect mature seed from nearby adobe thistle plants and distribute seed within disturbed plant group areas to encourage re-establishment. The proponent will continue monitoring and seeding efforts until at least 100 individuals are re-established in the disturbed portions of plant group areas. Prior to implementation of any weed control program in the vicinty of identifed adobe plant groups, the proponent is required to identify and avoid all adobe thistle. Weed control within adobe thistle plant groups will be limited to treatment of individual problem weeds. Uinta Basin hookless cactus — The locations of plant groups SG -1A, SG -1D, and SG -1E (WestWater 2004_2) shall be clearly mark and avoided by a distance of at least 20 feet during all operations of this project. 18. Ground Nesting Birds - The ROW shall be cleared immediately after receipt of the Right -of -Way Grant by the Holder, to minimize impacts to ground nesting birds during nesting season. 37 Exhibit B COC -67267 p. 4 of 5 STANDARD STIPULATIONS 1. Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by the holder, or any person working on his behalf, on public or Federal land shall be immediately reported to the AO. Holder shall suspend all operations in the imrnediate area of such discovery until written authorization to proceed is issued by the AO. An evaluation of the discovery will be made by the AO to determine appropriate actions to prevent the loss of significant cultural or scientific values. The holder will be responsible for the cost of evaluation and any decision as to proper mitigation measures will be made by the AO after consulting with the holder. 2 Pursuant to 43 CFR 1 0.4(g) the holder of this authorization must notify the AO, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR 10.4(c) and (d), you must stop activities in the vicinity of the discovery and protect it for 30 days or until notified to proceed by the AO. 3. The Grant holder shall monitor the ROW for the presence of weeds which .are included on the County noxious weed list. After consulting with the AO, .the holder shall control weed infestations which have resulted from the holder's construction, operation, maintenance, or use of the ROW. If chemical control is necessary, use of pesticides shall comply with the applicable Federal and State laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, the holder shall obtain from the AO written approval of a Pesticide Use Proposal (PUP) showing the type and quantity of material to be used, the pest(s) to be controlled, method of application, location of storage and disposal of containers, and any other information deemed necessary by the AO. Emergency use of pesticides shall be approved in writing by the AO prior to such use. 4. The holder shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the holder shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C. 2601 et seq.) with regard to any toxic substances that are used, generated by or stored on the ROW or on facilities authorized under this ROW grant (see 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193). Additionally, any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part 117 shall be reported as required by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section 102b. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the AO concurrent with the filing of the reports to the involved Federal agency or State govenunent. 38 Exhibit B COC -67267 p. 5 of 5 5. The holder shall comply with applicable State standards for public health and safety, environmental protection and siting, construction, operation and maintenance, if these State standards are more stringent than Federal standards for similar projects. 39 Form 2800-14 Issuing Office (August 1985) Grand Junction Resource Area UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT RIGHT-OF-WAY GRANT/TEMPORARY USE PERMIT SERIAL NUMBER COC -67267 1. A right-of-way is hereby granted pursuant to Section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185). 2. Nature of Interest: a.By this instrument, the holder: EnCana Gathering Services (USA) INC. 792 Buckhorn Dr. Rifle, Colorado 81650 receives a right to construct, operate, maintain, and terminate a 24 -inch buried natural gas pipeline on public lands described as follows: LEGAL DESCRIPTION: Township 7 S., Range 97 W., 6th PM Section: 31 NWSE,NWSWSE 31 SESWNE, SWSENE, E2SE Township 8 S., Range 97 W., 6th PM 5 S2S2NE 5 SWNW,S2SENW 6 NENE,NESENE 10 NESENE, SWNENE, S2NWNE 10 NWSENE, SESENE,N2NWSENW 10 S2SENENW 11 NWNWSE,SWNWSE 11 SWSWNW, SESWNW, NENWSW 11 W2NESW, SENESW, NENWSE 12 S2NESWNE, S2NWSWNE 12 S2NWSENE, N2SWSWNE 12 S2SWNW,S2SENW Garfield County, Colorado b.The right-of-way or permit area granted here is 22,809 feet long, 30 feet wide and contains 15.709 acres, more or less. c.This instrument shall terminate on LECryn&7" 3/, 203)', upon 30 years from its effective date unless, prior thereto, it is relinquished, abandoned, terminated, or modified pursuant to the terms and conditions of this instrument or of any applicable Federal law or regulation. d.This instrument may be renewed. If renewed, the right-of-way or permit shall be subject to the regulations existing at the time of renewal and any other terms and conditions that the authorized officer deems necessary to protect the public interest. e.Notwithstanding the expiration of this instrument or any renewal thereof, early relinquishment, abandonment, or termination, the provisions of this instrument, to the extent applicable, shall continue in effect and shall be binding on the holder, its successors, or assigns, until they have fully satisfied the obligations and/or liabilities accruing herein before or on account of the expiration, or prior termination, of the grant. COC -67267 p.2 3. Rental: For and in consideration of the rights granted, the holder agrees to pay the Bureau of Land Management fair market value rental as determined by the authorized officer unless specifically exempted from such payment by regulation. Provided, however, that the rental may be adjusted by the authorized officer, whenever necessary, to reflect changes in the fair market rental value as determined by the application of sound business management principles, and so far as practicable and feasible, in accordance with comparable commercial practices. 4. Terms and Conditions: a.This grant or permit is issued subject to the holder's compliance with all applicable regulations contained in Title 43 Code of Federal Regulations part 2800. b.Opon grant termination by the authorized officer, allimprovements shall be removed from the public lands within 90 days, or otherwise disposed of as provided in paragraph (4)(d) or as directed by the authorized officer. c.Each grant issued for a term of 20 .years or more shall, at a minimum, be reviewed by the authorized officer at the end of the 20th year. and at regular intervals thereafter not to exceed 10 years. Provided, however, that a right-of-way or permit granted herein may be reviewed at any time deemed necessary by the authorized officer. d.The map and stipulations set forth in Exhibits A, B, attached hereto, and the Plan of Development, are incorporated into and made a part of this grant instrument as fully and effectively as if they were set forth herein in their entirety. e.Failure of the holder to comply with applicable law or any provision of this right-of-way grant or permit shall constitute grounds for suspension or termination thereof. f.The holder shall perform all operations in a good and workmanlike manner so as to ensure protection of the environment and the health and safety of the public. IN WITNESS WHEREOF, The undersigned agrees to the terms and conditions of this right-of-way grant or permit. Signature of Holder M hnM, k ed.-it/Lk ,611>G4 S ciol• ( 077 Q / L10, (17 Signature of Authorized Officer Field Manager, Grand Junction Title Title (Date) 671J-10/6)(4 `'"(Date) ' Exhibit B COC -67267 p.1of5 CONDITIONS OF APPROVAL 1. The holder shall request a pre -construction conference with the AO at least two days prior to the start of construction. The contact person is Tom Bargsten at the GJFO, phone (970) 244-3030. 2. The centerline of the ROW and the exterior limits shall be clearly flagged prior to any construction activity. 3. The segment of pipeline extending westward from the I-70 underpass in Section 12, T.S S., R.97W., 6th PM shall be bladed first after receiving the Right -of -Way Grant, to mitigate any potential for harm to native birds by removing habitat in which they could lay viable eggs or raise nestlings that could be destroyed by construction activities. 4. Construction activities shall be conducted so as not to disturb more than the minimum area needed for construction of the buried pipeline. 5. All disturbed areas shall be contoured to blend with the natural topography. 6. All soil erosion associated with construction of the pipeline and facilities must be stabilized to a condition at least equal to that present before disturbance. 7. The following seed mix of certified seed will be applied to all disturbed areas of BLM. Species Application Rate Common Name Pounds/Acre PLS Paloma Indian ricegrass 3.0 Luna pubescent wheatgrass 2.5 Viva galleta grass 2.5 Rincon Fourwing Saltbrush 1.5 Shadscale 1.5 Bottlebrush squirreltail 1.0 TOTAL 12.0 Prepare seedbed by contour cultivating four to six inches deep. Drill seed after September and before soil is frozen, covering seed 'h to % inch deep. Where seed cannot be drilled, broadcast application shall be used at twice the recommended application rate. Seeding must be completed prior to December 15, 2004. 35 Exhibit B COC -67267 p. 2 of 5 The area is considered to be satisfactorily reclaimed when: A. Soil erosion resulting from the operation has been stabilized. B. A vegetative cover at least equal to that present prior to disturbance and a plant species composition at least as desirable as that present prior to disturbance has been established. Establishment of all the species in the seed formula will be considered as meeting the composition/ desirable species criteria. Additional work will be required until these conditions are satisfied. 8. Only certified seed and weed -free mulch (straw bales) shall be used. 9. All construction heavy equipment shall be pressure washed prior to entry on project lands to remove potential noxious weed seeds. 10. Trash shall be confined in a covered container while the project is in progress. Upon completion, all trash, flagging, laths, etc. shall be removed and hauled to an authorized disposal site. No burning of trash, trees, brush or any other material shall be allowed. 11. Proponent shall paint all above ground facilities on BLM lands, except those specifically exempted by safety regulations, in either Carlsbad Canyon, Juniper Green or other colors as directed by the BLM AO. Use of such colors for facilities located on private lands is encouraged. 12. Thirty days prior to termination of the ROW, the holder shall contact the AO to arrange a joint inspection of the ROW to formulate an acceptable termination and reclamation plan. This plan shall include, but is not limited to, removal of facilities, recontouring, stabilizing, or seeding. The AO must approve the plan in writing prior to the holder's commencement of any abandonment activities. 13. It is the holder's responsibility to coordinate with all other rights-of-way holders to make sure that any conflicts are resolved. Other ROW holders include, but are not limited to, Qwest, CDOT, Public Service Company, Union Pacific RR, Grand Valley Power, and TransColorado Pipeline. 14. Applicant/Lessee shall comply with all County resolutions and regulations and permit requirements. Applicant/Lessee shall comply with all applicable local, state or federal air quality laws, statutes, regulations, standards or implementation plans. During construction, fugitive dust emissions from traffic on unpaved roads 36 Exhibit B COC -67267 p.3 of 5 will be minimized by watering as needed (or other mitigation measure) to achieve at least 50 percent control of particulate matter. Applicant/Lessee shall operate the CO2 amine treatment facility in a manner that maintains noise levels at or below 55 dB(A) at each nearby sensitive receptor (habitable dwelling, hospital, school, library, or nursing home). 15. All stipulations and requirements included in the POD, as approved by the BLM AO, will be adhered to. In the event of a conflict between measures included in the POD, and those defined here, measures contained in this document shall prevail. Any variation must receive prior approval from the BLM AO. 16. Some of the vegetation and rock excavated during construction should be set aside and then placed on the reclaimed disturbance in such a way as to discourage unimpeded travel along the pipeline route. The objective is to eliminate development of a new, unplanned motorized route in the area. 17. Adobe thistle: For a period of at least 3 growing seasons following pipeline construction the applicant will perform an annual monitoring examination of adobe thistle re-establishment and submit a report of findings by November 1 of each year. The examination will document the numbers and condition of abode thistle plants present within the area disturbed during construction. If at least 100 individuals have become established within 3 years, substantial evidence of re- establishment will have been achieved, and no further action will be required. If fewer than 100 individuals are present, the applicant will collect mature seed from nearby adobe thistle plants and distribute seed within disturbed plant group areas to encourage re-establishment. The proponent will continue monitoring and seeding efforts until at least 100 individuals are re-established in the disturbed portions of plant group areas. Prior to implementation of any weed control program in the vicinty of identifed adobe plant groups, the proponent is required to identify and avoid all adobe thistle. Weed control within adobe thistle plant groups will be limited to treatment of individual problem weeds. Uinta Basin hookless cactus — The locations of plant groups SG -1A, SG -1D, and SG -1E (WestWater 2004_2) shall be clearly mark and avoided by a distance of at least 20 feet during all operations of this project. 18. Ground Nesting Birds - The ROW shall be cleared immediately after receipt of the Right -of -Way Grant by the Holder, to minimize impacts to ground nesting birds during nesting season. 37 Exhibit B COC -67267 p. 4 of 5 STANDARD STIPULATIONS 1. Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by the holder, or any person working on his behalf, on public or Federal land shall be immediately reported to the AO. Holder shall suspend all operations in the immediate area of such discovery until written authorization to proceed is issued by the AO. An evaluation of the discovery will be made by the AO to determine appropriate actions to prevent the loss of significant cultural or scientific values. The holder will be responsible for the cost of evaluation and any decision as to proper mitigation measures will be made by the AO after consulting with the holder. 2. Pursuant to 43 CFR 10.4(g) the holder of this authorization must notify the AO, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR 10.4(c) and (d), you must stop activities in the vicinity of the discovery and protect it for 30 days or until notified to proceed by the AO. 3. The Grant holder shall monitor the ROW for the presence of weeds which are included on the County noxious weed list. After consulting with the AO, the holder shall control weed infestations which have resulted from the holder's construction, operation, maintenance, or use of the ROW. If chemical control is necessary, use of pesticides shall comply with the applicable Federal and State laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, the holder shall obtain from the AO written approval of a Pesticide Use Proposal (PUP) showing the type and quantity of material to be used, the pest(s) to be controlled, method of application, location of storage and disposal of containers, and any other information deemed necessary by the AO. Emergency use of pesticides shall be approved in writing by the AO prior to such use. 4. The holder shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the holder shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C. 2601 et seq.) with regard to any toxic substances that are used, generated by or stored on the ROW or on facilities authorized under this ROW grant (see 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193). Additionally, 'any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part 117 shall be reported as required by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section 102b. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the AO concurrent with the filing of the reports to the involved Federal agency or State government. 38 Exhibit B COC-67267 p. 5 of 5 5. The holder shall comply with applicable State standards for public health and safety, environmental protection and siting, construction, operation and maintenance, if these State standards are more stringent than Federal standards for similar projects. 39 Kecetpt 1 oft United States Department of the Interior Bureau of Land Management GRAND JUNCTION FIELD OFFICE 2815 H ROAD GRAND JUNCTION, CO, 81506 Phone: 970-244-3000 I Transaction #: 911071 { Date of Transaction: 05/20/2004 http://cbs.blm.gov/cgibinkbs/zordei IJSTOMER'IENCANA GATHERING SERVICES LINE #. DESCRIPTION LANDS & REALTY MANAGEMENT / RIGHT OF WAY / ADVANCED RENTAL (455) CASES: COC 067267/$438.01 REMARKS TOTAL.1�£Y$43 NOTE: Items will appear on credit card statement as "Bureau of Land Management". 1 r ,AMOUNT' $438.01 = POSTtMARKED N/A RECELVED (05/20/2004 AME:; REDIT CARD ENCANA GATHERING SERVICES 792 BUCKHORN DRIVE RIFLE CO 81650 AMEN ARD:; 'iRES`•E NAT 6319 ENCANA ENERGY RES INC 08/31/2006 CODE 023020 This receipt was generated by the automated BLM Collections and Billing System and is a paper representation of a portion of the official electronic record contained therein. 5/20/2004 1:15 PM STATE OF LOLOFADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic & Safety Utility Permitting Section 222 South 6th Street, Room 100 Grand Junction, Colorado 81501 (970) 248-7230 FAX: (970) 248-7294 Jeff Reale EnCana Gathering Services (USA), Inc. 792 Buckhorn Drive Rifle, CO 81650 • r IMINI111:1=11 ral Date: June 2, 2004 RE: Utility Permit # 12,129 Dear: Jeff, Please find enclosed, Utility Permit number 12,129 with Standard and Special Provisions attached. You will find two (2) copies of the Permit. Please review the `Permittee' and `Activity Description' sections of the Permit for accuracy. Please note the changes/additions to the Standard & Special Provisions. Please read carefully. The new provisions are in effect January 27, 2004. PLEASE REVIEW THE ATTACHED "LATE FALL, WINTER & SPRING SPECIAL PROVISIONS FOR UTILITY INSTALLATIONS". If the information is correct and you agree to the attached Standard and Special Provisions, please sign, attest and date both copies of the permit. Return to me at the above address, one copy of the permit (without attachments) with original signatures. Upon my receipt of the fully endorsed copy, the Permit shall become valid. Utility space in the ROW is becoming a concern. It may be necessary in the future to combine utility owner lines in a common trench in some locations. I must bring to your attention, that abandoning utilities in the Right of Way (ROW) will no longer be allowed, unless at CDOT direction. I may be reached at the above number should you have questions or, if I may be of further assistance. Sincerely, Pzi„ Mike Verketis Utility Coordinator/Inspector Xc: File Poole Page 1 of 1 COLORADO DEPARTMENT OF TRANSPOR'. :ON UTILITY PERMIT PERMITTEE Name DEPARTMENT USE ONLY Date issued 6/2/04 ?NCANA GATHERING SERVICES (USA), INC. Permit # 12,129 Address S.H.# 006M M.P. 66.8-73.47mm 792 BUCHKORN DRIVE District 03 RIFLE, CO 81650 Section 02 Telephone: (970) 625-6600 Representative: JEFF REALE Patrol 3209 NOTICE TO PERMITTEE: You must notify owner or operator of underground utility facilities at least two (2) business days prior to making or beginning excavations in the vicinity of such facilities, as required under Section 9-1.5-103, Colorado Revised Statutes. CALL UTILITY NOTIFICATION CENTER OF COLORADO (UNCC), 1-800-922-1987, FOR MARKING OF MEMBER UTILITIES.. CONTACT NON-MEMBER UTILITIES DIRECTLY ACTIVITY DESCRIPTION (Furnished by Permittee PURPOSE XX Installation 0 Adjustment ■ Removal • Maintenance of existing Facility FACILITY (Type, size, class of transmittant, design pressure or potential, etc.) 24 INCH O.D. 5LX60, .500 INCH WALL & .625 INCH WALL EPDXY FUSION BONC COATED NATURAL GAS PIPELINE, 1440 psi OPERATING PRESSURE. NATURE OF INSTALLATION XX Longitudinal (Parallel) XX Transverse (Crossing) XX Buried* 0 Aerial/Ground-mounted ❑Attach. To Hwy. Str. No. LOCATION State Hwy. No. 006M & 070A County GARFIELD City/Town Between PARACHUTE & RIFLE Milepoint(s) 66.8-73.47mm Intersecting Feature(s): ADDITIONAL REMARKS CURRENT INSURANCE CERTIFICATE ON FILE. PLEASE REVIEW THE ATTACHED 'TATE FALL, WINTER & SPRING SPECIAL. PROVISIONS FOR UTILITY INSTALLATIONS" ATIONS" For underground facility location information, contact: UNCC/CDOT Telephone I -800-922-1987 /(970) 248-7230 SPECIAL PROVISIONS (completed by the Department) The Special Provisions are terms and conditions of this permit. Any work shall only be in accordance with the approved plans and special provisions as set forth in this permit and its attachments. The CDOT inspector is DON POOLE Telephone (970) 285-9483 Fax (970)285-9483 Work is to be completed on or before: 11/15/04 or within days, (as applicable) Work time restrictions: DAYLIGHT HOURS ONLY NO WEEKENDS OR 1101 IDAYS. Designated minimum cover is See SPECIAL PROVISION #21 Designated overhead clearance is N/A (ALSO SEE ATTACHED STANDARD PROVISIONS, AND ADDITIONAL SPECIAL PROVISIONS), (TRAFFIC CONTROL MUST CONFORM TO THE MUTCD) Other: FIELD INSPECTOR SHALL BF, NOTIFIED 48 HOURS PRIOR IS TO BEGIN OR PERMIT IS VOID. Permittee is prohibited from commencing any work within highway ROW prior to issuance of a fully endorsed and validated permit. Permit, plan exhibit, insurance certificate(s), and traffic control plan must be available on site during work. High visibility vests are required at all times during working hours. Your request to use and/or occupy state highway system rights of way as described above is granted subject to the terms and conditions of this permit, including the Standard and Special Provisions as shown on the permit and all attachments hereto. To the extent authorized by law, Permittee hereby assumes, releases and agrees to indemnify, defend, protect, and save the State of Colorado harmless from and against any loss and/or damages to the property of the State of Colorado, third parties or the Permittee's facilities, and all loss and/or damage on account of injury to or death of any person whomsoever, arising at any time, caused by or growing out of the occupation of Colorado State Highway rights of way by Permittee's facilities or any part thereof, including but not limited to installation, adjustment, relocation, maintenance or operation, or removal of existing facilities, unless such loss and/or damage arises from the sole negligence or willful conduct of the State of Colorado or its employees or agents. Failure by the Permittee to comply with any of the included terms or conditions may subject this permit to suspension or cancellation, at the discretion of the Department of Transportation. THIS PERMIT IS NOT VALID UNTIL FULLY ENDORSED BY ALL PARTIES, WITH DATE OF ISSUE AFFIXED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT. A FULLY EXECUTED COPY OF THIS PERMIT MUST BE ON FILE AT THE TRANSPORTATION REGION OFFICE. In accepting this permit the undersigned, representing the Permittee, verifies that he or she has the authority to sign for and bind the Permittee, and that he or she has read, understands and accepts all the included conditions. Atteste 4,/,.°1-o� Date i Signature e / Title fit et/7%/W9e? fit‘O COLORADO DEPARTMENT OF TRANSPORTATION By Chief Engineer Date J��//dy Date ED FINK / MIKE VERKETIS 6/2/04 CDOT Form # 333a Rev. 02/01 STANDARD . -<OVISIONS POR UTILITY and OTHER PERMIT Or ATIONS The Standard Provisions are terms and conditions of this permit Effective May 2001 lily work authorized under this permit shall comply with the requirements of }CDOT Utility Manual, and applicable federal, state, local, and industry codes and regulations. Construction of any portion of the highway facility, including the pavement structure, subsurface support, drainage, landscaping elements, and all appurtenant features, shall comply with the provisions of the CDOT Standard Specifications for Road and Bridge Construction, and with the Colorado Standard Plans (M & S Standards). 24-10-114 CRS = Section 24-10-114, Colorado Revised Statutes 1973, as amended ROW = Right of Way COMMENCEMENT AND COMPLETION Work on highway ROW shall not commence prior to issuance of a fully endorsed and validated permit. Permittee shall notify the CDOT inspector: 1) 2 working days before commencing work on ROW; 2) When suspending operations for 5 or more working days; 3) 2 working days before resuming suspended work; and 4) Upon completion of work. Work shall not proceed beyond a completion date specified in the Special Provisions without written approval of the Department. PLANS, PLAN REVISIONS, ALTERED WORK Plans or work sketch (EXHIBIT A) are subject to CDOT approval. A copy of the approved plans or sketch must be available on site during work. Plan revisions, or altered work differing in scope or nature from that authorized under this permit, are subject to CDOT prior approval. Permittee shall promptly notify the CDOT inspector of changed or unforeseen conditions, which may occur on the job. INSURANCE mittee shall procure and maintain general public and auto liability and operty damage insurance covering the operations under this permit, in the amounts specified in 24-10-114 CRS. Policies shall name the State of Colorado as additional insured party. Like coverage shall be furnished by or on behalf of any subcontractors. Certificates of insurance showing compliance with these provisions shall be attached to and made a part of this permit; copies must be available on site during work. WORK WHERE DEPARTMENT LACKS AUTHORITY Utility work within municipal boundaries (pursuant to 43-2-135 CRS), on certain public lands, or on private property, may require separate approval of the appropriate jurisdictional agency or property owner. INSTALLATIONS ON FREEWAYS CDOT may permit utility accommodations on freeways, including but not limited to the Interstate System, only in accordance with Utility Manual provisions. Special case exceptions as defined therein may be permitted only in accordance with FHWA-approved Departmental policy. JOINT USE ALTERNATIVES As directed or approved by CDOT, if necessary for the safe and efficient use of the ROW, Permittee shall utilize joint use facilities such as the placement of two or more separate lines in a common trench, or attachment to the same overhead support. The Permitte will be responsible for proper coordination with other affected utilities. ATTACHMENT TO HIGHWAY STRUCTURES Permittee is responsible for designing structure attachments, subject to the approval of the CDOT Staff Bridge Design Engineer. AINAGE WAYS AND WATERCOURSES ne flow of water shall not ever be impaired or interrupted. Where possible, crossings of ditches, canals or water -carrying structures shall be bored or jacked beneath. ligation ditch or canal crossings require approval of the ditch company or owner. Permittee shall repair damage to any drainage facility to the satisfaction of the owner. 1 TRAFFIC CONTROL Whenever the work will affect the movement or safety of traffic, Permittee shall develop and implement a traffic control plan, and utilize traffic control devices as necessary to ensure the safe and expeditious movement of traffic around and through the work site and the safety of the utility work force. High visibility vests shall be worn at all times during work. The traffic control plan and the application of traffic control devices shall conform to the Manual on Uniform Traffic Control Devices and Colorado Supplement thereto, and with the Department's traffic signing Standard Plans S 630-1 and S 630-2. Permittee's traffic control plan is subject to CDOT approval prior to commencing work on highway ROW. A copy of the approved traffic control plan must be available on site during work. CLEAR ROADSIDE CONSIDERATIONS CDOT is committed to provide a roadside area that is as free as practical from nontraverseable hazards and fixed objects ("clear zone"). New above ground installations may be permitted within the clear zone only upon a showing that no feasible alternate locations exist. Permittee must utilize appropriate countermeasures to minimize hazards. Permittee shall remove materials and equipment from the highway ROW at the close of daily operations. The traffic control plan must include protective measures where materials and equipment may be stored on ROW. Protection of open trenches and other excavations within highway ROW shall be addressed in the Permittee's traffic control plan. Permittee agrees to promptly undertake mitigating or corrective actions acceptable to the Department upon notification by CDOT that the installation permitted herein has resulted in a hazardous situation for highway users. GENERAL CONSTRUCTION REQUIREMENTS Work shall not be performed at night or on Saturdays, Sundays, or holidays without prior authorization or unless otherwise specified in this permit. CDOT may restrict work on ROW during adverse weather conditions or during periods of high traffic volume. Those areas within ROW which must be disturbed by permit operations shall be kept to a practical minimum. Permittee shall not spray, cut, or trim trees or other landscaping elements within highway ROW, unless such work is otherwise specified in this permit, or clearly indicated on the approved plans. Cleated or tracked equipment shall not work on or move over paved surfaces without mats. Material removed from any portion of the roadway prism must be replaced in like kind with equal or better compaction. Segregation of material is not permitted. The utility facility shall be of durable materials in conformity with accepted practice or industry standards, designed for long service life, and relatively free from routine servicing or maintenance. Construction or compaction by means of jetting, puddling, or water flooding is • prohibited within all highway ROW. Thrust blocks are required on al] vertical and horizontal bends in pressure pipes. Meters shall not be placed on highway ROW except within corporate limits where municipal regulations allow such use. ALIGNMENT, COVER, CLEARANCE Location and alignment of Permittee's facilities shall be only as specified in this permit or as otherwise indicated in the approved plans or work sketch (EXHIBIT A). Parallel installations will not be permitted within roadways (including curbing and/or shoulders) or median areas, except within corporate boundaries, subject to municipal regulations. Parallel installations should be located as near as practicable to the ROW line. Crossings shall be as nearly perpendicular to the highway as feasible. Where no feasible alternate locations exist, parallel installations may be permitted along roadside areas within 15 feet from edge of shoulder or back of curb. In these cases, the facility must be so located and safeguarded as to avoid potential conflict with necessary highway appurtenances (signs, guard rail, delineators, etc.). Parallel installations shall follow a uniform alignment, wherever practical. Due consideration must be given to conserving space available for future utility accommodations. The standard allowable deviation from the approved horizontal alignment is ± 18 inches. Minimum cover shall conform to the Special Provisions. Normal specified cover will be 48 inches or greater; reduced cover may be approved where site conditions warrant, subject to other safeguards as may be specified or approved in the permit. Minimum overhead clearance shall conform to the Special Provisions, consistent with Utility Manual criteria. PAVEMENT CUTS AND REPAIRS Paved surfaces shall not be cut unless otherwise specified in this permit. No more than one half the width of the roadbed may be opened at a time, when otherwise permitted. Pavement shall be sawed or wheel -cut to a neat line. Pavement shall be replaced to a design equal to or greater than that of the surrounding undisturbed pavement structure. Pavement repair shall conform to the Special Provisions or the approved plans. BORING, JACKING, ENCASEMENT Unless otherwise specified, buried crossings shall be bored or jacked beneath the roadway, at least from toe of slope to toe of opposite slope. Portals for untrencbed crossings more than 5 feet in depth shall be bulk headed. Minimum lateral dimension from portal to edge of pavement is 6 feet, but in any case shall not be less than the vertical drop from roadway surface to top of utility line. Water jetting or tunneling is not permitted. Water assisted boring may be permitted as determined by the CDOT Inspector. Boring shall not exceed 5 percent oversize. Resultant voids shall be grouted or otherwise backfilled, subject to CDOT approval. Ends of bored sections shall not be covered before being inspected. Encasement shall be consistent with Utility Manual provisions. CDOT may require protective casing for shallow installations or certain conduit materials. Encased crossings shall extend at least from toe of slope to toe of slope, or the full width between access -control lines on freeways, including the Interstate System. INSPECTION AND ACCEPTANCE CDOT will determine the extent of inspection services necessary for a given installation. Permittee shall attend final inspection as may be required. Unacceptable work shall be promptly removed and replaced in an acceptable manner. Final acceptance does not relieve Permittee of maintenance obligations toward those elements of the highway facility constructed under this permit. Final acceptance begins the two-year warranty period (see requirement under "Operation and Maintenance" below). RESTORATION OF RIGHT OF WAY Prior to final acceptance, all disturbed portions of highway right of way shall be cleaned up and restored to their original condition, subject to CDOT approval. Seeding, sodding, and planting shall be as specified, or otherwise approved by CDOT. Construction, maintenance, and watering requirements shall conform to the CDOT Standard Specifications. Where landscape restoration must be delayed due to seasonal requirements, such work may be authorized by separate permit. Permittee shall use only certified weed -free seed and mulch. Permittee shall clean equipment before transporting it into or out of the state to prevent the migration of noxious weeds. OPERATION AND MAINTENANCE Permittee agrees to own and maintain the installation permitted herein. The facility shall be kept in an adequate state of repair and maintained in such a manner as to cause the least interference with the normal operation and maintenance of the highway. If any element of the transportation facility, constructed or replaced as a condition of this permit, fails within 2 years due to improper construction or materials, Permittee shall make all repairs immediately as notified in writing by CDOT. 2 Routine, periodic maintenance and emergency repairs may be performed under the general terms and conditions of this permit. CDOT shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic. In an emergency, the CDOT Region office and the State Patrol shall immediately be notified of possible traffic hazards. Emergency procedures sha be coordinated beforehand, where possible. Maintenance activities requiring new excavation or other disturbance within highway ROW may require separate permit. Where highway construction or maintenance operations so require, Permittee will shut off lines, remove all combustible materials from the highway right of way, or provide other temporary safeguards. Should any permitted facilities be abandoned, Permittee agrees to promptly notify the CDOT region office and to remove any or all portions of such facilities, as may be directed by CDOT. UNDERGROUND UTILITY LOCATION ASSISTANCE Permittee may be required to identify the installation with suitable markers, of a type and at locations as specified or otherwise approved. Permittee shall maintain markers for the life of the installation. Warning ribbon and/or detection wire may be required for buried facilities. "As ' Constructed" plans showing lines and grades will be furnished to CDOT by the Permittee as directed. Owners of underground facilities shall participate in a notification association pursuant to 9-1.5-105 CRS. ADJUSTMENTS DUE TO HIGHWAY CONSTRUCTION If for any transportation purpose it becomes necessary to remove, adjust, or relocate this facility, Permittee will do so promptly, at no cost to the CDOT except as provided by law, upon written notice from CDOT and in accordance with any permit issued to cover the necessary work. SUSPENSION AND CANCELLATION The CDOT inspector may suspend operation due to: 1) Non compliance with the provisions of this permit; 2) Adverse weather or traffic conditions; 3) Concurrent transportation construction or maintenance in conflict with permit work; or 4) Any condition deemed unsafe for workers or for the general public. Work may resume when grounds for suspension no longer exist. This permit is subject to cancellation due to: 1) Persistent noncompliance with permit provisions; 2) Abandonment or transfer of ownership; 3) Supersedure by new permit covering the same installation; or 4) Conflict with necessary planned transportation construction. Permittee must promptly terminate occupancy upon notice of cancellation of permit, unless a new permit is applied for and granted. Where Permittee does not fulfill an obligation to repair or maintain any portion of the highway facility, or control and safely maintain the flow of traffic thereon, CDOT reserves the right, in lieu of canceling this permit, to accomplish the required work by any other appropriate means, and Permittee shall be liable for the actual costs thereof R PROJECT DEVELOPMENT PDI _12596 W. BAYAUD AVE 4400 LAKEWOOD TRAFFIC CONTROL PLAN - REV. N0: NUMBER: DATE• SHEAT: OF 0 1 I i ShoolCita N�ry�301 m %Ce "20Z6L8l, WORA< 1,500' wir 4Sso '� . o p" le\ 500' k. NI . 500' T 1,500' I STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic & Safety Utility Permit Section 222 South 6th Street, Room 100 Grand Junction, Colorado 81501 (970) 248-7230 LATE FALL, WINTER AND SPRING SPECIAL PROVISIONS FOR UTILITY INSTALLATIONS It's that time of year again when work within the Right of Way (ROW) becomes a special concern. Due to Northwest Colorado's unpredictable weather, utility work in the ROW can create several types of hazards for the traveling public, contractors, and their personnel. The condition of the highway can change quickly. Mud tracked onto the highway by equipment, or ice and snowpack are just a few of the conditions that make the roadway more hazardous for all concerned. The terrain within the ROW must be kept clear of hazards as well. Holes, trenches, equipment and materials can make the terrain "unrecoverable" for a driver should his/her vehicle leave the highway. Activities must be shut down when the roadway is other than dry. The use of frozen materials for backfilling will only lead to settlement. The contractor must make extra effort to compact the excavation. In the spring, any settlement of backfill shall be repaired. The re -vegetation shall take place yet this fall or early next spring. STATE JF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic and Safety Utility Permit Section 222 South 6'h Street, Room 100 Grand Junction, Colorado 81501 (970) 248-7230 FAX: (970) 248-7294 12,129 006M 66.8-73.47mm 3209 anw� m•mIE3+rormumvrtaigx Permit No Highway No Mile Marker Patrol No SPECIAL PROVISIONS FOR UTILITY INSTALLATIONS THE SPECIAL PROVSIONS ARE TERMS AND CONDTIONS OF THIS PERMIT TRAFFIC CONTROL 1. The complete permit for this work, including approved CDOT permit, construction and traffic control plans, will be kept at the work site at all times. The permittee is responsible for providing traffic control plans that conforms to and meets the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) and the Colorado supplements. 2. To meet conditions encountered in the field, minor changes or additions may be ordered and approved by the CDOT Field Inspector. 3. All work shall cease when weather creates a safety hazard for the traveling public and/or barrow ditch is wet enough to leave tire or cleat marks. 4. Advanced warning and construction signs, flashers, barricades and flag people must conform to the Manual on Uniform Traffic Control Devices and, Colorado Supplements, and must be in place before work starts each day. 5. Lane closures must be as short as possible and as per the MUTCD. Flaggers are required for each lane closure. Advance warning signs must be placed as per MUTCD. All temporary traffic control signs shall be removed, covered or laid on the ground during non -working hours. 6. Two- way traffic shall be maintained at all times in the construction area in accordance with the M.U.T.C.D. and Colorado Supplements. WORKER SAFETY AND HEALTH 7. All workers within the State Highway right of way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 19190- Occupation safety and Healthy Standards and 29 CFR Part 1926- Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being preformed, and as specified in regulation. At a minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal protective equipment: • Head protection, that complies with the ANSI Z89.11997 standard; • At all construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA's PPE requirements for foot protection per 29 CFR 1910.136, 1926.95, and 1926.96. If required, such footwear shall meet the requirements of ANSIZ41-1999; • High visibility apparel as specified in the Traffic Control provisions of this permit (at a minimum, ANSI/ISEA 107-1999, Class 2). Where any of the above -reference ANSI standards have been revised, the most recent version of the standard shall apply. CONSTRUCTION 8. The permittee must notify the CDOT inspector no less than two (2) days prior to any work on highway right-of-way. CDOT Inspector's name or alternate contact and phone number is on the permit. 9. No work shall proceed beyond the expiration date specified on the permit without written approval of the Department. 10. No work shall be permitted at night or on Saturday, Sunday, CDOT Utility Specs -Revised 1/04 Pagel or holidays without prior authorization or unless otherwise specified in this permit. CDOT observed holidays remaining: Monday, July 5, 2004 (Independence Day), Monday, September 5, 2004 (Labor Day), Monday, October 11, 2004 (Columbus Day), Thursday, November 11, 2004 (Veteran's Day), Thursday, November 25, 2004 (Thanksgiving Day), Friday, December 24, 2003 (Christmas). 11. On three (3) day weekend holidays, the project shall be shut down by 12:00 Noon on Friday, and not resume prior to the following Tuesday morning. 12. Work hours for this permit is from one hour after sunrise to one hour before sunset. 13. Permittee is responsible for the safety of the traveling public at all times when work is being done. 14. Forty-eight (48) hour notification must be given for the underground location of CDOT owned facilities. Phone (970) 248-7230. 15. Any damage to highway facilities, such as traffic lights, streetlights, concrete walkways, bike paths, asphalt, signing, etc, shall be repaired and reported immediately and notification must be given to the CDOT Inspector or contact CSP Dispatch — 970-824-6501. 16. Should any excavation encounter plant or animal fossils, the remains of historic or prehistoric structures, historic or prehistoric artifacts (bottle dumps, charcoal from subsurface hearths, pottery, potsherds, stone tools, arrowheads, etc.), the operation shall cease at once and the permittee shall contact the CDOT Environmental Office (970) 248-7223 for guidance. 17. Permittee assumes all responsibility for any and all land survey monuments within the permitted area of the right-of-way. If disturbed or destroyed, the permittee bears full cost for replacement. Construction may need to be re-routed to avoid disturbing High Accuracy Reference Network Survey Land Markers Direct any questions within five (5) days prior to construction to: Region Survey Coordinator, 222 South 6th St., Room 317, Grand Junction, CO 81501 at 970-248-7232. 18. If petroleum or other potentially hazardous material is encountered during excavation, work shall cease immediately. The proper disposal of any soils or other material determined to be hazardous and/or contaminated by fugitive petroleum uncovered or excavated during the performance of utility construction shall be the sole responsibility of the Utility and shall be accomplished in accordance with all applicable Federal, State and Local laws and regulations. Such clean up and disposal shall be at no cost to CDOT. 19. All construction vehicles, delivery vehicles and traffic control vehicles shall be equipped with flashing amber/yellow beacons, which are visible from all directions. Only construction vehicles involved in the construction are to be at the work site. It is important to limit the numb of extraneous vehicles at each work site. Staging areas shall be pre -approved. 20. Staging and material storage areas, within the right of way must be pre -approved and beyond the clear zone. Employee parking within the right of way shall be restricted and not shall not be allowed, except in pre -approved contractor staging areas and beyond the clear zone. The only vehicles allowed within the highway clear zone are the construction vehicles necessary for the operation, such as the Inspector, Superintendent, Mechanic and Supervisor. Parking along the shoulder of the highway is not allowed. Contractor utilizing private property for material storage and staging areas shall fumish CDOT with documentation that permission has been obtained from the property owner. 21. Minimum cover depth for this installation will be 48 inches or 60 inches if within 15 feet of roadway. 22. All utilities located at inlets or outlets of all major or minor structures and roadway drainage and irrigation ditches shall be encased or placed at a cover depth of forty-eight (48) inches below the finished ditch grade. 23, Parallel installations should be located as near as practicable to the right-of-way line. 24. Crossings shall be as near perpendicular to the highway as feasible. 25. All above ground structures, (poles, pedestals, anchors, guys, etc.) will be placed outside of, or within five (5) feet of the right of -way line. 26. Valve and manhole covers will be set' 'A inch below finished grade. 27. Saw or wheel cut (asphalt) (concrete) to assure a straight edge for patching. 28. When open cuts of asphalt or concrete roadways are allowed and when needed or directed, the excavation shall be covered with steel plates during non -working hours to facilitate traffic. 29. Open cut in the paved roadway or within 15 feet of the roadway will be backfilled with flowable backfill, (full trench depth), that meets or exceeds State Standard Specifications. All excavated native material will be removed from highway right-of-way for disposal. 30. All backfill is subject to AASHTO standard compaction T-99 or T-180 as appropriate. 31. The replacement asphalt shall be a minimum of 4 inches of CDOT Utility Specs -Revised 1/04 Page2 hot bituminous pavement placed in 2 compacted lifts. Tack oil shall be used prior to replacement asphalt being installed. A "T" top cut shall be performed. (see Attached Drawing) 32. Asphalt seems shall not terminate in/on wheel paths. 33. Utilities that cross a state highway underground will be bored with the casing extending at least from outside the toe of slope to outside the toe of slope on opposite side. 34. The installed line shall be encased in pipe, which can with stand 80 psi crush pressure. This encasement for highway crossing shall be at a minimum depth of, forty- eight (48) inches below ditch surface. Encasement may be required to go from right-of-way line to right-of-way line. 35. No bore pits allowed within 15 feet of the roadway pavement or curb line. 36. Boring shall not exceed 5% oversize. Resultant voids shall be grouted or otherwise back-filled, subject to CDOT approval. Ends of bored sections shall not be covered before being inspected. 37. All County roads/asphalt driveways, bike path crossings required because of this construction shall be bored, UNLESS WRITTEN PERMISSION OF THE OWNER IS OBTAINED TO CUT THE ROAD/ASPHALT DRIVEWAY. Graveled driveway crossings may be bored rather than cut. Immediate access shall be provided in the event of an emergency on all open cut road/driveway crossings. 38. No open cut allowed inside the toe of fill slopes or barrow ditch line or within 15 feet of the paved shoulder or curb line, whichever is further from the centerline. 39. Material removed from any portion of the roadway must be replaced in like kind with equal or better compaction. No segregation of materials will be permitted. 40. All pavement markings removed or damaged during the utility installation will be replaced. 41. No open pits or trenches are allowed within thirty (30) feet of any traveled lane at night, weekends or holidays, unless protected by type four (4) barriers, as required by M.U.T.C.D. and Colorado Supplements. 42. Safety devices as per the AASHTO and the Colorado M & S Standards must protect all construction equipment that cannot be transported from the work area, and is within the "Clear Zone". Protective guardrail/barrier devices shall meet the requirements of the State of Colorado M Standards, section 606-12. Clear Zone requirements are found in AASHTO Road Side Design Guide, Section 3. Equipment that can be transported to a location that is not within the Clear Zone or otherwise protected by existing guardrail, shall be clearly delineated as per the MUTCD manual. 43. Areas of roadway and right-of-way disturbed during this installation will be restored to the original contour and condition by grading to drain, top soiled, fertilized, mulched and reseeded with approved material at specified proportions. Mulch, fertilizer and seed shall be "certified weed free". Refer to Section 212 & 213 of the "Colorado Department of Transportation Standard Specifications for Road and Bridge Construction". 44. No cleated, tracked or equipment with outriggers may work or move over paved surfaces without pads. 45. The utility shall be marked at every horizontal and vertical angle point. The marker shall be at the right-of-way line, and shall be visible to each other. 46. The utility shall be marked at the right-of-way line on both sides of the highway. 47. A tracer wire shall be provided for underground location of the utility. 48. A warning ribbon shall be installed one (I) foot above the installation. 49. Highway right of way fences shall not be cut. 50. All work and materials to meet or exceed the most current issue of the "Colorado Department of Transportation Standard Specifications for Road and Bridge Construction". 51. All woody material less than three inches in diameter shall be put trough a chipper or other means to reduce the material to chips and blown back along the area it came from. Stumps shall be cut as close to ground level as is safe to do so. Material that cannot be chipped shall be removed from the site and shall be transported to a landfill or made available to the general public. 52. Unacceptable work shall be promptly removed and replaced in an acceptable manner. Final acceptance does not relieve permittee of maintenance obligations toward those elements of the highway facility constructed under this permit. 53. If proposed utility is not placed in area applied for, the utility permit is void, and the utility is deemed illegal. 54. All procedures and work are subject to CDOT approval. 55. All work to be as per permit and submitted plans. MISCELLANEOUS 56. The permittee hereby assumes, releases and agrees to indemnify, defend, protect and save the State of Colorado CDOT Utility Specs -Revised 1/04 Page3 harmless from and against any loss of and/or damage to the property of the State of Colorado, third parties or the permittee's facilities including loss of services, loss and/or damage on account of injury to or death of any person, whosoever, arising at any time, caused by or growing out of the occupation of Colorado State Transportation rights-of-way the permittee's facilities or any part thereof, unless such loss and/or damage is the direct result of any willful and wanton act of the State of Colorado or its employees. 57. Permittee is prohibited from any illicit or non-stomwater discharges that are prohibited by State Water Quality laws. If further information is necessary, CDOT shall provide a copy of the Environmental Clearances Summary. Permittee agrees that it shall be responsible for obtaining all necessary environmental clearances and permits from all agencies (U.S. Amy Corps of Engineers, Colorado Divisions of Wildlife, U.S. Forrest Service, U.S. Bureau of Land Management, Colorado Department of Health & Environment, county health department, etc.) before commencing any work under this pennit. Without these clearances & permits, this permit shall be not in effect. Permittee also agrees to assume all responsibility and liability in connection with potential environmental hazards encountered in connection with its work under this permit. The permittee must show all environmental permits and clearances to CDOT (Utility Inspector or Environmental Officer) on request and prior to construction. 58. In the event any changes are made to this highway for any transportation purpose in the future that necessitate removal, adjustment, or relocation of this installation, permittee will do so promptly at no cost to CDOT except as provided by law, upon written notice from CDOT. 59. If any element of the highway facility, constructed or replaced as a condition of this permit fails within two years due to improper construction, installation or materials, permittee will be responsible for making all repairs immediately as notified. 60. The CDOT inspector may suspend operations due to 1) persistent non-compliance with permit provisions, 2) abandonment or transfer of ownership, 3) superceded by a new permit covering the same installation or, 4) conflict with planned highway construction. Permittee must promptly terminate occupancy upon notice of cancellation of permit unless a new permit is applied for and granted. 61. The CDOT inspector may suspend operations due to (1) non-compliance with the provisions of this permit, (2) adverse weather or traffic conditions, (3) concurrent highway construction or maintenance in conflict with the permitted work, or (4) any condition deemed unsafe for the workers or for the general public. Work may resume upon disposal of grounds for suspension. 62. Should any permitted facilities be abandon, permittee agrees to notify the CDOT Region office and remove any or all portions of such utilities, as may be designated by CDOT. 63. By law, the State of Colorado requires a "Certificate of Insurance", with the State of Colorado named as additional insured prior to commencing any work on State Highway Right -of -Way. Please facilitate CDOT's receipt of this certificate. (Insurance requirements are shown on Page 2 of the Utility / Special Use Permit Application.) As your various policies expire or are revised, updated information will be required. 64. The expiration date of this permit is noted on the permit. Any request to extend the time frame of this permit shall be made in writing. Submittal of an additional permit application may be required. 65. No access to the work area will be permitted from the main lanes or ramps of the Interstate Highway. No new access to or from the State Highway ROW will be allowed. You are required to obtain permission to use any existing State Highway access. Access to the State Highway system requires a separate permit. (Contact Access Coordinator at (970) 248-7230 for access applications) 66. Activities within the Department of Highways right-of-way are regulated under Executive Order 11990 "Protection of Wetlands". Therefore, the following additional requirements related to wetland protection and water quails - is part of this utility permit. The intent of these requiremei is to avoid impacts to wetlands, water quality and existing vegetation where possible and if not possible, to ensure the impacts are only temporary. These requirements are in addition to your current requirements under your existing Corps of Engineers 404 Permit for utility installation. A. Work in wetlands shall be avoided where possible. B. Protection of existing vegetation in the corridor (wetlands and non -wetlands) shall be a high priority. Removal of trees and shrubs should be avoided where possible. C. When work in wetlands is required, it must be done with the least amount of damage to vegetation as possible. Equipment impacts to wetlands shall be minimized. The smallest level of equipment able to complete the work will be required (i.e. plow, trencher, backhoe). Backhoes will only be allowed in wetland areas if absolutely necessary and approved by the CDOT UTILITY INSPECTOR. D. Excavated material shall be temporarily placed in upland areas or upon geo-textile fabric or on straw if placed in wetland areas. This temporary fill must be removed in its entirety and replaced back into the trench to its original ground line in order to facilitate re -vegetation and ensure the area remains a wetland. Excess material may not be wasted in the wetland areas CDOT Utility Specs -Revised 1/04 Page4 but be wasted in upland areas if approved by the CDOT UTILITY INSPECTOR. E. If work is required in willow -shrub wetlands, the smaller (six (6) Inch) trees and shrubs shall be trimmed back to ground level in areas where equipment will be working to minimize permanent damage to the vegetation. Existing vegetation that is excavated during the trench excavation shall be replaced on the surface of the completed utility trench. F. Disturbed areas will be reseeded. Wetland areas will be reseeded with a CDOT approved wetland seed mix. G. Work in areas adjacent to open water (streams, drainage, ponds, etc.) will require adequate erosion control (hay bales, silt fence, retention ponds, etc.) to ensure sediments do not affect the water quality of these areas, as required in 107.25 of the CDOT Standard Specifications for Road and Bridge Construction. CDOT Utility Specs -Revised 1/04 Pages FINAL UTILITY INSTALLATION INSPECTION INSPECTION AND ACCEPTANCE T y i.. N 0 y o F Pr, m O p v y 0 v F uOroE0.' 00 EC wcO 0am 0 G- T .0p 17 G — .0G > N 0 O 0 . O' c V U 0[n po 0 U 2 N F En y 0 C 'ro F .L o+ S O ro E ,� o F. ro o 0.oo E o E 0 O g — m 0 v 4. o Ca co) m C 0 0 a P0 t° o t C Y T °' �' o °�° E 00 0 o t' >« >. o .0 cFonEo Ch L: O " T m O U N P 2 - O 0 0 N F v .0 A E ,� F .0 o« 3 0 0 0 o u E b >` d o N U 0 v 0 td 0 ttl N 3 OU N '� > w U c 0 0 o r' c Q' E F t F 0 O U 0. F b N vi U U ro 0 c 0 T E C - Q v Q0.Gc 3Q` ,` in g w � Li O ° o° Jr c E o cL U id m oos o o.. cn U U c O 5 iw %0 W 3 G ON �o-'b WU 4F U : N U - m oti>.cc O T c. 0 6.'" el EC. F N Q v .« P. M U FE0 0 O NaEF 'v T G d aa' O -U U U U U o 4. a qt roE c nv ai .> EUai ,d, a3nEti 0 0 CU a� �E o G my o o . >,020-8 ,0 ay ti ca0 `' 000E sE jd d Y F U ow W oo o (.7., i- FFb0>7C oo S� O E 1. y F 0M OCL ••ro GFE^-PC 0 vd CO T3 N •E O 'O bU T 0 cid . � EU k .....7.) W UOU_O V 0 0 M .N C). E W 3 U S« '6'd U - N d V CE0 p In oEPPTC3.0.EGcp y - T pI.C O . O W c o .-N 49 .ba 4.c d 0F_E oUoFCy. -- 0 y ro0 0. 23 OCc-`F"aE 0 0 0 . NF o y 0 0 ai h, F3Eocoo c`owg> V a v F E 2 c U o c 0 TJD 0 0 oo°'oOV ..TU3 o a 0 0a °Pro3 oF " o. : meou k0. m � U5 oc c. - b m "U •d -0 o Z « ot qc b aY°o>m a o O c 3 o U ro`to. - w K . 2 0 (4E (970) 285-9483 Fax (970)285-9483 CDOT INSPECTOR UTILITYCOMPANY—ENCANAGATHERING SERVICES (USA) INC UTILITY REPRESENTATIVE RETURN THIS "FINAL UTILITY INSTALLATION INSPECTION" TO THE ADDRESS LISTED ABOVE INSTALLATION & T -TOP ASPHALT REMOVAL DETAIL FLOWFILL REPLACEMENT ASPHALT MINIMUM OF 2 FEET ON EACH SIDE OF TRENCH OR TO UNDISTURBED SOLID BASE, WHICHEVER IS GREATER** ASPHALT **NOTF< EDGES OF REPLACEMENT ASPHALT SHALL NOT TERMINATE IN THE WHEEL PATH BACKFILL WITH FLOWABLE FILL MINIMUM 6 INCHES BEDDING MATERIAL ASPHALT MINIMUM OF 4" OF REPLACEMENT ASPHALT IN TWO COMPACTED LIFTS OR MATCH EXISTING ASPHALT WHICHEVER IS GREATER DEPENDING ON EXISTING ASPHALT THICKNESS ASPHALT MAY BE SAW OR WHEEL CUT REVISED 4/02 Jim Hardcastle From: Doug Dennison Sent: Tuesday, June 01, 2004 3:15 PM To: Jim Hardcastle Subject: Parachute to DeBeque SUP Application Jim, Page 1 of 1 la:22 EX ZT I have reviewed EnCana's Special Use Permit Application for the Parachute to DeBeque 24 -inch natural gas pipeline and have the following comments. 1. There are a few inconsistencies in the document regarding the disposition of water used for hydrotesting of the pipeline. In Table 1 and Section 4.3.6 of the Plan of Development (POD), it is implied that a NPDES permit may be obtained for discharge of hydrostatic test water, while the Hydrostatic Testing Plan (Appendix D) states that no water will be discharged. Although I'm assuming that the Hydrostatic Testing Plan (Appendix D) specifies the actual details of the applicant's plans, I would recommend that the applicant review the entire POD, including appendices, to ensure that all references to the disposition of this water and associated permitting requirements are consistent and clearly defined. 2. Appendix F, Section 4.1.11: The reference to the Mesa County Sheriff's Office Fire Marshal should be changed to reference the appropriate Garfield County official. 3. Appendix G: This appendix refers to an Attachment 1, but no attachment is included. Please let me know if you have any questions regarding my comments. Thanks. Doug Dennison Garfield County Oil & Gas Auditor (970) 625-5691 fax (970) 625-0908 cell (970) 309-5441 ddennisonCa�garfield-county.com 6/1/2004 Tuesday, June 08, 2004 Jim HardCastle Planning Department Garfield County 108 8th Street, Suite 201 Garfield County Plaza Glenwood Springs, Colorado Jim: RECEIVED JUN 0 9 2004 GARFIELD COUNTY BUILDING & PLANNING 3 D a EXHIBIT Re: Public Hearing June 14, 2004 at 1:15 p.m. concerning Encana Gathering Services special use permit, Assessor's Parcel No. 240928407010 located in Travelers Highlands Subdivision My parents cannot attend this meeting due to health reasons and I also cannot attend due to work requirements. This hearing, as I understand is to consider a special use permit, pursuant to Section 3.02.03 of the Garfield County Zoning Resolution of 1978, which would allow the construction of 16.5 miles of a 24 inch diameter buried natural gas pipeline and related facilities. Therefore, I would like to formally submit to the Garfield Planning Department concerning this special use permit that we are opposed to granting such permit for a natural gas line and related facilities under certain conditions. In the event that this permit would allow this gas line, related facilities or associated setbacks, easements, or other conditions to interfere, restrict access, and inhibit the use of the said properties within this subdivision, then the impact to these properties would be detrimental. Should further information be provided or requested we would very much like to be informed of those actions. In addition, I would appreciate notification of decision concerning this permit request. I can be contacted in Craig, Colorado at (970) 824-2750. My mailing address is 1268 E. 10`h Street, Craig, Colorado, 81625. Regards, Gt.-LIP? 111-07 Dana Gregory F 381 M )E BEQUE, COLI 05/11/2004 15:15 9702835205 P. 0. Box 60 DE BEQUE, COLORADO 81630 TOWN OF DEBEQUE THE TOWN OF DE BEQUE (970) 283-5'175. FAX (970) 283-5205 DEBEOUE@MAJL2.GJ NET May 11, 20( Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, Co 81601 EXHIBIT 1 L Re; Pipeline from Parachute to DeBeque The following concerns were discussed at the Board of Trustee's Meeting of M 10, 2004; 1. It would appear that the construction of the pipe line will generate a 1arE : volume of truck traffic on Roan Creek Road past the DeBeque School. No dear inform; t on on how the safety of the citizens will be protected or what restitution will be made f I. possible damage to the road. 2. The completion of the new pipe line will basically mean the Town of De 1 leque will be enclosed by two high pressure 20 inch pipelines and one high pressure 21 inch pipeline in the shape of a triangle. The area within the triangle is less than 5 square ; riles. The amount of gas in these pipelines creates a serious hazard in the event of t t explosion with no way out of De Beque. In the event of a natural disaster or man mac : disaster, how will the citizens of De Beque evacuate and what plans are made for thei safety. In addition, the amount of gas which may be moved through these Targe hi t l pressure pipelines gives the appearance that these lines arc more for storage than transport. Please advise what steps the Town Board can take to get greater assurance of i t ese concerns. Very truly yours, John D. Barry Town Treasurer 05/11/2064 15:15 9702835205 P. O.•3ox 60 DE BEOUE, COLORADO 81630 TOWN OF DEBEQUE PAGE 01 THE TOWN OF DE BEQUE (970) 283-5475. FAX (970) 283-5205 7 E.REQ OF@MAI I.2. GJ. NET DATE TO: 4WIZrtLed )W il Paid", arid ria q C_4 a ifIEUr. F Q�trt ( 2 144haicat suBJ:_fnCa c iltia _ FROM: / 71{1-6A-) NUMBER OF PAGES 4 + COVER SHEET d 381 MINTER AVENUE I )E BEQUE, COLORADO 81630 IF YOU DO NOT RECEIVE THE NUMBER OF PAGES AS RECORDED ABOVE, PLEASE CONTACT (970) 283-5475. REcpiv ED MAY 11 2004 rfv:/y 05/11/2004 15:15 9702835205 REFERRAL FORM Garfield County Building and Planning Department 108 e Street, Suite 201, Glenwood Springs, CO 81601 (970)945-8212/Fax:(970)384-3470 TOWN OF DEBEQIJE Iwile Names) Project Name(s) Type _ ...ncana Gathering Services (USA) e Inc.% Same Speci Staff Planner: Jim Hardcastle - Phone Applicant: Encana Gathering Services (USA) Inc. Phone Contact Person: Wagon Wheel Consulting Phone Location: The Pipoline begins approx. 2 miles north of Parachute & extends southwesterly 4 miles not Summary of Request: Pipeline from Parachute to DeBequc-16.5 miles of24 inch dih and related facilities. PAGE 02 ient: May 5, 2004 r 1 Requested: June 1, 2004 r f Applications) I Use Permit 245.8212 70-625-8433 1 ofDeBeque teterburied natural gas pipeline The Garfield County Planning Department has received a land use request as rete meed above. Your comments are an important part of' the evaluation process. In order to review all appropriat : agency comments and incorporate them into the Staff Report, we request your response by Tuesday. du: it t 1, 2004. c, ncisnol Road & Budac County Attorney W120. ae m•. Grolotie9 Survey (Feel Health Department Forest Service (reel Wildlife Division Ale, 1 cit 4l RtM I t t_W... QabJ Servict Rob( CmasElecuas y S /Carbondale Fire District Silt/New Cas lNRitle Fire District $g�cgtat(yltion District Planning Commission BOCC L�, TOWN OF PARACHUTE PO Box 100 222 Grand Valles' Wap Parachute, CO 81635 `Q'.1fiL'i^JI2F}i9+RN F19,idDR k@ Telephone: (970) 285-7630 Mayor FAX: (970) 285-9146 John Loschke May 14, 2004 Garfield County Building and Planning Department 108 8111 Street, Suite 201 Glenwood Springs. CO 81601 RE: ENCANA GATHERING SERVICES (USA) INC. EXHIBIT 11 D D 3 The Board of Trustee for the Town of Parachute would like to offer the following comments regarding the purpose pipeline: 1) The Town realizes that the location of the pipeline lies within existing easements and right of ways, this will be within 200 feet of some residential and commercial properties. 2) The Town knows that proper testing and auditing of these tests are required. The Town should be provided with the findings from this testing and/or auditing on a periodical basis. 3) Pipelines this large and this close to inhabited areas demand a high level of monitoring for safety, the Town wants to be assured that this will be Encana's priority. 4) The Town recently adopted a Watershed Ordinance, a copy is attached. This pipeline may not directly effect watershed but could impact drainage. 5) Dependent upon weather conditions during the construction period, the Town streets and roadways will be impacted with tracking of mud, gravel and possible debris. This causes unusual wear on pavement and creates air quality problems with dust . The Board of Trustees is comfortable with level of safety provided by the requirements for pipeline construction that must be met; however, they would like the above items to be considered during the permit process. The Town would like to know that Encana would respect the efforts that the Town has made to provide good streets, a quiet life style and clean air. Encana's respect for the citizens, businesses and government of the Town of Parachute would be appreciated. Sincerely, John Lose ike Mayor Jun 01 04 08:44a May 25, 2004 RMartin 970-285-9748 GRAND VALLEY FIRE PROTECTION DISTRICT 1777 S. BATTLEMENT PARKWAY PO BOX 295 PARACHUTE, CO 81635 (970) 285-9119, FAX (970) 285-9748 Jim Hardcastle, Garfield County Building & Planning Department 108 8th Street, Suite all Glenwood Springs, CO 81601 Subject: Special Use Permit, Parachute to DeBeque Pipeline, EnCana Gathering Services Reference: Application materials submitted by Wagon Wheel Consulting Mr. Hardcastle, After reviewing the application materials, the Grand Valley Fire Protection District sees no substantive reason not to recommend approval of the EnCana Gathering Services Special Use Permit request. The District has noted the following comments / concerns. These comments / concerns are listed as found while going through the application and not necessarily by degree of importance. ➢ Plan of Development, Section 4.3.8 Residential Areas — The Grand Valley Fire Protection District would like to be notified of any road cuts that might pose an access impediment as it relates to any residential or commercial structures it is charged with protecting. The listed 24 hours prior notification to the Owners is acceptable. Notification should be through the Dispatch Center, which will allow possible impacts to Law Enforcement agencies, i.e. the Garfield County Sheriff's Department advanced notice as well. ➢ Appendix "B" Soil Conservation, Sedimentation & Erosion Plan, Section 3.3 Dust Control — The Grand Valley Fire Protection District would like to see that dust control is include along Highway 6 & 24 as well as Interstate I-70. The District would further like to see no Owner waive the dust control requirement. The District has had numerous calls to potential "Smoke Sightings" along previous construction projects. Responses to these types of calls requires sending crews to checkthem out, and at the same time makes them unavailable for actual emergencies. ➢ Appendix "B" Soil Conservation, Sedimentation & Erosion Plan, Section 4.2.1 Post -Construction Maintenance of Temporary Erosion Control Measures — It is obvious that the date 2003 is incorrect and it assumed that 2005 is meant in its Jun 01 04 08:44a RMartin 970-285-9748 p.3 place. It is also assumed that any roads not bored, will be part of the post - construction monitoring process. • Appendix "C" Stream Crossing and Wetland Protection Plan, 2.3 Hazardous Materials - It is noted that the Contractor will comply with the requirements included in the project's and the Contractor's Hazardous Materials Management and Spill Prevention and Countermeasure Plans. The Contractor's plan has been provided as Appendix "G", but the Projects plan has not been provided. Is it to be the same, or is the submitted plan more restrictive and therefore the Project's plan has been omitted? Se Appendix "E" Reclamation Plan, Section 2.8.1 Species Selection and Sources — The list of 10 seed types, to be applied @ 12.0 lbs PLS/Acre is different than the list on page 24, of the Environmental Assessment. That list has 6 seed types and an application rate of 11.5 lbs/Acre PLS. The District is not so concerned with the seed mixture, rather that it will be applied to alt disturbed soils, so as to prevent the influx of cheat grass as the primary plant species. > Appendix "F" Fire Prevention & Suppression, Section 3 Responsibilities and Coordination — Realizing it is still early, the only additional information the District requires is a phone list of supervisory personnel, as it relates to construction activities. This list should also contain phone numbers, office and cell. There are no formal permits required, unless the District or Garfield County, issue a burn ban. At that time, the District will visit with the Company / Contractor Safety persomel as to any potential impacts that the ban may pose on the project. It is not anticipated that it will have any impact, as previous construction activities have shown, In this same section, there are 2 bulleted items. At the end of the second bulleted item, the sentence ends with an "and". Is there an additional item that did not get listed? > Appendix "F" Fire Prevention & Suppression, Section 4.1.6 Road Closures — As stated above, the District would like to be made aware of any road closures. Access to structures needs to be provided, either by a bypass or convenient detour, as suggested in the text. Any bypasses or detours will need to be compacted as per 1997 Uniform Fire Code, so as not to limit access by large pumpers and tenders. > Appendix "F" Fire Prevention & Suppression, Section 4.1.9.1 Fire Guard Communications — The Grand Valley Fire Protection District does not have a radio that it can give to the Fire Guard, nor do it need one of theirs, as long as communications can be made using cell phones. Cell phones have proven reliable for the section within the Grand Valley Fire Protection District, however it is not known if they will prove reliable outside of the District. It is known from past experiences, that cell phone coverage in DeBeque is hit and miss. In the event of a "True Emergency", the Fire Guard should call the Dispatch Center direct, rather than the Grand Valley Fire Protection District. This will initiate a page for response, much quicker. The Contractor has listed a back-up plan of contacting their yard and having emergency information relayed to Dispatch by telephone. This is an acceptable alternative to direct contact with the Dispatch Center. > Appendix "F" Fire Prevention & Suppression, Section 4.1.11 Restricted Operations - The Grand Valley Fire Protection District reserves the right to shut ,jun 81 04 08:45a RMartin 970-285-9748 p.4 down all operations in the event of high fire danger as well, until risk or potential for risk have been mitigated. It is also noted that because the entire project is within Garfield County, the Garfield County Sheriffs Office should be directing activities outside of the Grand Valley Fire Protection District, as it relates to possible -ceasing of activities, and not the Mesa County Sheriffs Office Fire Marshall. > Appendix "F" Fire Prevention & Suppression, Section 5.1 Suppression— The seconetbulleted item states," Notify the nearest fire suppression agency The Grand Valley Fire Protection District is responsible for the eastern half of the project or more specifically, everything east of the turn back under 1-70, near the county line. Everything west of this location is the responsibility of the Garfield County Sheriff's Department. > Appendix "F" Fire Prevention & Suppression, Section 5 Fire Suppression — The listed fire suppression contact for Private and State Lands, Colorado is incorrect. It needs to be changed to the Garfield County Emergency Communications Dispatch Center, in Rifle. When contacting the Garfield County Emergency Communications Dispatch Center, please call 625-8095. This way, when using a cell phone, the call will be routed to the correct Dispatch Center, instead of going to Grand Junction or Rangely. Also, the Grand Valley Fire Protection District is responsible for initial suppression on federal lands within the District as well. If you Gall the 625-8095, we will request additional agencies as needed, based on land ownership. • Appendix "G" Hazardous Materials Management & Spill Prevention, Section 2.1.3 Responsible Person(s) — Once activities start, please provide the District with the name(s) of Primary and alternate emergency coordinators as well as their appropriate emergency / non -emergency contact phone numbers. > Appendix "G" Hazardous Materials Management & Spill Prevention, Section 6.1 Required Notification —Please change the first bulleted contact to 625-8095 (911 Dispatch Center). The last bulleted item needs to have the phone number changed to (970) 384-6436, Mike Piper, Fire Chief, Glenwood Springs, CO. It is noted in the second paragraph that the Colorado River is to have a 20' deep bore under it. It is assumed that this was added in error, or not deleted from a previous use of this plan. > Appendix "I" Pipeline Plan & Profile Drawings — Sheets 4703 and 4704 are missing from the submittals. These sheets depict work, which will be done within the District. Therefore the District would like a copy of them. The District does not believe there will be any need to evaluate these drawings prior to issuing an approval. > Associated Project Permits, 6840 — Special Status Species Management — There are numerous pages missing, making it impossible to review this section. > EnCvra Water Contract, West Divide Water Conservancy District, Letter dated March 3, 2003 — It appears that there may be a second page to this letter. The last line on the first page starts a new sentence with"We" and there is nothing following it. The next, submitted page, is dated May 30, 2003 and serves as a cover letter for the contract for 500 acre feet of water. Jun 01 04 08:45a RMar.in 870-285-8748 I have reviewed all material and commented as you requested. Again, the Grand Valley Fire Protection District has no objections to this project and recommends approval. All Grand Valley Fire Protection District requested information / materials can be provided at a later date, but prior to construction activities. If you have any questions regarding my review, I can be reached at 285-9119, during normal business hours. David A. Blair Fire Chief, GVFPD CC: Board of Directors Gary Mahaffey, Fire Chief PBMVFD File p.5 Jun Q1 04 08:44a RMari-'n 970-285-9748 p.1 GRAND VALLEY FIRE PROTECTION DISTRICT CVD 1777 SOUTH BATTLEMENT PARKWAY k� l� P.O. BOX 295 JUN 204 PARACHUTE, CO 81635-0295 �1 970 285-9119, OFFICE GAR�1��CUUNi 970 285-9748, FAX 4.11 kl\k KpNNNG FACSIMILE TRANSMITTAL SHEET To: / FROM: r^ ; ' -j C.; r re- < David A. Blair, District Fire Chief . COMPANY: -1 DATE: ( l I` �`G •_� q J 6, ` C., ; -- i FAX NUMBER TOTAL NO. OF PACES INCLUDING COVER y . 34t,2 G 3 PilONE NETMEER: SENDERS REFERENCE NUMBER C(.2.; Chi C 1 2 RL: YOUR REFERi:NCP. NUMBER 0 URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE NOTES/COMMENTS: c,-%:--.� ( ,,,: r,i r ; r( ( f tee'; < <- 3 -) / C. f ! <i • 1 . CONFIDENTIALrLY NOTICE THIS FACSIMILE TRANSMISSION AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION BELONGING TO THE SENDER, WHICH MAY BE CONFIDENTAL AND LEGALLY P,RIVILEDGED. THIS INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WIIOM THIS FACSIMILE TRANSMISSION WAS SENT AS INDICATED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT, ANY DISCLOSURE, COPYING, DISTRIBUTION, OR ACTION TAKEN IN RELIANCE ON THE CONTED TS OF THE INFORMATION CONTAINED IN THIS FACSIMILE TRANSMISSION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE. CALL (970) 285-9119 TO ARANGE FOR THE RETURN OF THIS DOCUMENT TO US. THANK YOU MEMORANDUM To: Jim Hardcastle From: Steve Anthony Re: Comments on the EnCana Parachute to Debeque Pipeline Date: June 8, 2004 Thanks for the opportunity to comment on this permit. My comments are as follows: 1. Noxious Weeds A. Weed Management -The Reclamation Plan does not address post -construction weed management activities. (Note: the Reclamation Plan Table of Contents lists section 3.2 Post -construction Monitoring and Weed Control; however this section has been omitted from the narrative). It is requested that the applicant provide a written commitment to inspect, monitor, and be responsible for the management of any of Garfield County's Noxious Weeds that may emerge on private lands that are disturbed by the pipeline. It is requested that the applicant respond to any complaints by landowners regarding pipeline noxious weeds in a timely manner. It is also recommended that the applicant cooperate with the Colorado Department of Transportation in developing a weed management plan for any noxious weed infestations that occur on the pipeline within CDOT's rights-of- way. This area has several recorded infestations of both diffuse knapweed and spotted knapweed. These are two weed species that are relatively small in density in the County, less than 10 acres total in the County. Both of these weed have had significant impacts in other parts of Colorado and in other states. We expect EnCana to be diligent in their weed management efforts, particularly on the aforementioned two knapweed species. Other weeds to watch out for in the project area are whitetop, chicory, and Russian knapweed. 2. Revegetation A. Revegetation Plan -The applicant has provided a revegetation plan that includes a plant material list. If the applicant uses straw or hay as either a mulch or as a sediment barrier the straw or hay should be certified as weed free by the Colorado Department of Agriculture. It is recommended that language requiring this be incorporated into the conditions of approval. B. Revegetation Security -It is the recommendation of this department that the applicant post a revegetation security for the parts of the pipeline that is not on Colorado Department of Transportation right of way or on Bureau of Land Management property. The applicant needs to quantify the amount of surface area to be disturbed on private land by the pipeline. Once this is done we will be able to determine an amount for a revegetation security. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey, Acting Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 Northwest Region Service Center 711 Independent Ave. Grand Junction, Colorado 81505 Telephone: 970-255-6100 FAX: 970-255-6111 Mr. Jim Hardcastle, Planner Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Special Use Permit EnCana Gathering Services (USA), Inc. Parachute to DeBeque 24 -inch pipeline Dear Mr. Hardcastle: April 17, 2004 The Division of Wildlife offers the following comments pertaining to the above proposal: OF"P - For Wildlife - For People 1. This project lies within "winter range" and "severe winter" range for deer. A small portion of this project area lies within "winter range" for elk. Construction activities during the time period of December 1st through April 15th would negatively impact wintering mule deer and elk in this project area by causing these species to incur increased winter stress. Negative impacts to wintering mule deer and elk could be minimized in this area by avoiding construction activities during this sensitive time period. After construction activities are completed, and upon gas transmission through this pipeline, impacts to mule deer and elk can be further minimized by using remote monitoring systems that reduce the level of human activity along the pipeline corridor during the winter period. 2. The proposed pipeline lies in an area where native vegetation provides foraging, nesting, thermal and escape habitats for numerous species of wildlife. The removal and disturbance of native vegetation for the construction of the above pipeline will negatively impact the native wildlife species associated with this project area. Upon rehabilitation of this pipeline corridor, negative impacts to native wildlife can be offset by planting a suitable mixture of native grass/forb/shrub seed. In areas where sage brush exists, we recommend the addition of a suitable sage brush species to the proposed rehabilitation seed mixture. Seed plantings on disturbed soils will have greater germination and survival rates when the soil surface has been prepared to hold moisture and runoff precipitation. Soils will exhibit increased moisture retention capabilities when the soil surface has been loosened with a "ripping tool" that creates a rough and uneven soil surface and seed bed. This treatment will increase seed germination, and, will reduce the amount of surface runoff and soil erosion. 3. Areas of dense rock provide habitats for numerous species of small mammals, birds and reptiles. We encourage the replacement of rocks, in comparable natural densities, wherever rock outcroppings are disturbed. This helps mitigate impacts to the above types of wildlife. The Division of Wildlife supports boring beneath some of the rock outcroppings, which will preserve habitat for the above species types. DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director WILDLIFE COMMISSION, Philip James, Chair • Jeffrey Crawford, Vice -Chair • Brad Phelps, Secretary Members, Bernard Black • Tom Burke • Rick Enstrom • Claire O'Neal • Robert Shoemaker • Ken Torres Ex Officio Members, Russell George and Don Ament 4. Non-native weed species have become established on many disturbed soils throughout the Roan Creek and Parachute Creek areas. The invasion of non-native weeds reduces the density of native vegetation and lessens the habitat values for native wildlife species. The continual control and removal of non-native weeds on the disturbed/rehabilitated sites of this project will help restore native vegetation that is valuable to wildlife. Revegetation success should not just be based on the density of preferred plant species; it should also be based on the absence of invasive and noxious weeds. 5. This pipeline lies in an area where increased public access and road construction has not been identified as a necessity. Increased public activity and recreation in this area, as a result of new roads being created on the pipeline corridor, would negatively impact wildlife through associated human disturbance and habitat degradation. Such associated negative impacts to wildlife could be minimized by making the pipeline corridor closed and inaccessible to motor vehicles of the public. 6. The related EA document prepared by the Bureau of Land Management states that this pipeline project will add cumulative impacts similar to impacts already caused by extensive development of the area. The EA document also states that this pipeline project is contributory to the gradual modification of the environment; and, that there is a large potential for more gas field development in the area. The EA document does not elaborate on cumulative concerns, such as the impacts from future gas field development that will supply gas to this pipeline. Although this pipeline will have little direct impact on wildlife, the cumulative impacts of existing and future gas field development remain to be seen or analyzed. Fragmentation and degradation of wildlife habitats is likely to occur with increased gas field developments resulting from this pipeline installation. The Division of Wildlife welcomes and appreciates the opportunity to comment on projects such as this. If you need anything further please contact Dean Riggs, Area Wildlife Manager, at 970-255-6178 in Grand Junction. cerely, can Riggs Area Wildlife Manager cc: John Smeltzer Ron Velarde J. Gumber J. Toolen EWA ■ E ■ ■■■■ E N G I N E E R I N G Jim Hardcastle Garfield County Building & Planning Dept. 108 8th St, Suite 201 Glenwood springs CO 81601 I RECEIVED JUN 1 4 2004 'ARFIELD COUNTY BUILDING & PLANNING EXHIBIT June 9, 2004 RE: Special Use Permit Application — EnCana Pipeline from Parachute to DeBeque Dear Jim: At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has reviewed the special Use Permit Application from EnCana Gathering Services, Inc. for a proposed 24" diameter buried natural gas pipeline from Parachute to DeBeque. The submittal included a three ring binder entitled EnCana Special Use Permit Application Parachute to DeBeque Pipeline prepared by Wagon Wheel Consulting. We conducted a site investigation on June 3, 2004 with Jim Hardcastle and Jimmy Smith (Wagon Wheel Consulting). Our comments are outlined below. SUMMARY The proposed special use permit application appears to meet the technical criteria for the special use requirements in Section 5.03, the specific requirements in Section 5.03.07, and the standards in Section 5.03.08 of the Garfield County Zoning Regulations. The requirements of each section are more specifically discussed below. SPECIAL USE GENERAL REQUIREMENTS The general requirements for any special use include providing adequate water and wastewater service and adequate road improvements and/or access for the proposed use. The proposed special use does not require potable water or wastewater services. The pipeline project does however require water for dust suppression and hydrostatic testing of the pipeline. EnCana will utilize its existing points of diversion of Colorado River water (from ditches and/or directly from the river). Such diversion of water is augmented by West Divide Water Conservancy District contract #010628BP (b) in the amount of 350 AF. Such diversions must be metered and reported to the State Division of Water Resources and the West Divide Water Conservancy District. The existing City, County and State roads in addition to the actual pipeline right of way are adequate for safe and convenient access for the project. The temporary construction traffic does not appear to require any road improvements. However, each potentially affected jurisdiction (Parachute, DeBeque, Garfield County, and CDOT may have individual specific requirements related to the temporary construction traffic. INDUSTRIAL OPERATIONS REQUIREMENTS Section 5.03.07 of the County zoning regulations outlines additional specific criteria for industrial operations. These criteria require that the applicant prepare and submit an impact statement of the proposed use. The application presents a plan of development which addresses impacts and mitigation measures for environmental compliance, soil Consulting Engineers and Hydrologists 909 Colorado Avenue • Glenwood Springs, CO 81 601 • (970) 945-6777 • Fax (970) 945-1137 Jim Hardcastle Page 2 June 9, 2004 conservation sedimentation and erosion, stream crossing and wetland protection, hydrostatic testing, reclamation, fire prevention and suppression, hazardous materials management/spill prevention, safety plan, and engineering design and standards. In addition, as a part of the BLM permitting process, a complete Federal NEPA Environmental Assessment was conducted for the entire project, including activities on non -Federal land. The application material indicates general conformance with the requirements of Section 5.03.07 and indicates that the project will comply with industrial performance standards in Section 5.03.08. However, the application does not appear to address sub -section (1) (D) of Section 5.03.07 regarding impacts of truck and automobile traffic coming from such uses and their impacts to areas in the County. This item was specifically discussed at the field meeting on June 3, 2004. Jimmy Smith indicated that he discussed traffic issues with County Road and Bridge and they had no concerns. This should be confirmed in writing by Road and Bridge. Additionally, Mr. Smith indicated that the contractor would utilize vans and/or busses for construction workers to minimize construction related traffic. The Town of Parachute and the Town of DeBeque may have specific traffic related comments. EnCana has obtained or is in the application process on all identified County, State and Federal permits. Any additional permitting identified though the referral agency comments (such as watershed protection permits from Parachute and/or DeBeque) should be included in any approval of the County Special Use Permit. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENG N RING, INC. Michael J. E'ri•n,P.E. Water Res • rce Engineer MJE/dlh 885-23.0 jh encana pipeline sup 885 CC: Jimmy Smith, Wagon Wheel Consulting RESOURCE NCINEERING I N C.