HomeMy WebLinkAbout1.0 ApplicationGarfield County
Development Plan
Application Narrative
North Parachute Ranch
North Trunk # 1
January 2007
)
)
GARFIELD COUNTY
. Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfle ld -county.com
P ipeline Development Plan Permit
GENERAL INFORMATION
(To be oompleted by the applica nt.)
>i-General Location of the Pipeline (Right-of-Way): D tv"'-\l ~ \ ~ \)~ ,/, .. \ ( ~l 0 ,, .Q ·, I\ -------
$u. \ ·, ;-,.q -~.Lt,'> . .-• .-. .\. l:-, T'>" 5.1 12.~1b 1..;, ~"' ,l ~, ... .\i o ·""' -~) M.l "3~ ·T'I\. "i~.%
'» Diameter and Distance the pipeline: 1..le -t o \ 1... » "'-~, !> ·, ., .\ i "II"\ l .\ v-''-.11 .t
l { f1 ~ .:,-f u . \-\ J\ \ l ,, ~ t I._
)> ExistingUse&SizeofPropertyinacres: ~'-"•1 l L \...._1 .l ~1.~.l 1,•; ·1 h' r e !a >
» Description of Proposed Pipeline: . ., . " ,,, . \ q c ~ .... 1.e \-l> \ L. -i ·'\ '-'-' r.\, "°"'\ -~u-,
\.,-1.r-: < ..\. / S \-r I'...\ er ('i.'~P ·· '.t \ \ <.., v\•·, .\ ..,.,. "' 'a ... ') V' \o~\ ; Ill
);;. Zone District( s ): ,~, >.., ""'-.... \ "'" J. >
~ Name of Operator (Applicant): \:"' l ''"" ,;,. o : \ +-h., ~ l u s !\ \ !.. " 4
? Address: l..2, 1 '-R. L. '"-~ \-« \ o o Telephone: ( '•., "·1 ut.;-"2 "t-1
,.. City : ·7,_""Ll,,"' L State: Ca Z ip Code: '1 l ~ ~ \-FAX:£.;7.:.·1:z.:f,-.11.c1 t
)-Name of Owner's Representative, if any {Attorney. Planner. etc):
p.~p to ., "-.7 (.. L ~ ~\ \> t.·-""' ·, \-l.n. , .L "' .. \.-.;.r
~ Address: <.. """ L ... ) "L, ""' c.... Telephone: _______ _
~ City:---------State: ___ Zip Code: ___ FAX: ____ _
STAFF USE ONLY
~ Doc . No.: Date Submitted: TC Date: ---------------~~-
~ Planner: Hearing Date: -----........... .,....,.,;=,,..,-----•
REC EIVED
JAN 1 B 2007
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
(Signature of applicant/owner) Last Revised: 2/2006
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and i., ( .. ".. 0 ~ I -+ &. .. 1 l \.\'!>A)"! At. •
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for _l'~~~"'~"~'~~~"~L ______ _
J>LH, I ti'"'.,, t-']>\ .. ., (hereinafter, THE PROJEcn.
2. APPLICANT understands and. agrees that Garfield Cowity Resolution No. 98-09, as amended,
establishes a fue schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the. PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting
service detennined necessary by the Board of County Commissioners for the consideration of an application or
additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the
initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the
processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use perm.it, zoning amendment, or subdivision plan.
APPLICANT
Signature
Date: I/ t I 2 007
Print Name
Malling Address: 7. '1 l 1 C.'l. "1 r \~..too
J>e.r,, s 1,._,,n, . co 1 '"1«C •
10/2004
Page4
I. APPLICATION SUBMITTAL REOUIREMENTS
As a minimum, specifically respond to all the following items below aud attach auy
additional information to be submitted with this application:
Development Plan Submissions: The applicant shall submit eight copies of the
proposed development plau with the completed application form to the Planning
Director. The following information must be submitted with a development plan
application:
(1) Vicinity map indicating the section, township, and range of the site, and its
relation to surrounding public roads and municipal boundaries.
Project maps are provided in Attachment I.
(2) Project Overview: a description of the project including the length of the
pipeline, diameter of the pipeline, pipeline commodity, and the general
description of the pipeline route.
Project Overview
EnCana Oil & Gas (USA) Inc. (EnCana) is planning to further develop gas reserves on
the North Parachute Ranch (NPR). Future drilling operations are being proposed at six
new locations on the NPR during the spring of 2007. This project involves construction,
operation, and maintenance of one new trunk pipeline, two Central Delivery Point (CDP)
meters, and two CDP discharge pipelines for collection of natural gas from related
drilling operations on the NPR. The pipeline and related above-ground facilities will be
located in Garfield County, Colorado. The North Trunk # 1 Pipeline is approximately
18,965 feet in length and approximately 2,242 feet of the pipeline is located on BLM
lands. The remaining segments of the proposed pipeline will be located on approximately
15,782 feet of EnCana's North Parachute Ranch property and 941 feet on fee property.
The project is located in Sections 3, 4, 5, and 6, Township 5 South, Range 96 West, and
in Sections 33 and 34, Township 4 South, Range 96 West. The F09 596 CDP will be
located in the NW Y. of Section 9, Township 5 South, Range 96 West and the A03 596
CDP will be located in the NE Y. of Section 3, Township 5 South, Range 96 West. The
F09 596 CDP discharge pipeline will be installed through the North Y, of Section 9 and
connect into the North Trunk # I located in Section 4, Township 5 South, Range 96
West. The A03 596 CDP discharge pipeline will connect into the existing American Soda
pipeline located in Section 3, Township 5 South, Range 96 West. Project maps are
included in Attachment 1.
The North Trunk # 1 Pipeline will gather unprocessed natural gas from the A03 596, E 16
596, G08 596, G09 596, K04 596, and KOS 596 well pad sites and transport the natural
gas to existing EnCana pipeline systems for delivery of the natural gas to terminals
outside of the Piceance Basin. The proposed pipeline will consist of approximately 3.6
I
miles of trunk pipeline. The t runk p ip e lin e w ill be up tol 2-inch d ia meter and th e CDP
d ischar ge pipelines w ill be u p to 8-inch dia meter fo r t ran s porti ng na tural gas.
(3) Ownership
A. For individual right-of-way, a diagram showing adjacent properties and the
approximate location of buildings and their u ses within a distance of 350 feet
of any proposed structure, facility, or area to be disturbed. This may be
drawn a t a smaller scale than the site plan.
The project maps provided in Attachment I indicate propert y ownership along th e right-
of-way. No structures or faci li t ies are located w ithin 350' of the project.
( 4) Evidence of surface owner notification and of surface agreements where the
s urface owner is not a party to the mineral lea se.
The Oldland property is the only fee-owner that is not a lso a party of the mineral rights.
En Cana has existin g surface use agreements with Oldland and E nCana has notified the
fee-owner about the construction of the proposed pipeline. A copy of th e fee -o wner
notification and surface use agreem e nt is included in Att achment 6.
(5) Need for Proposed Action: a statement of the reas on for the pipeline.
{[he proposed i elme will gather unprocessed gas from multip l e well ad locatio ns in
h vi cinity of the W est Fork o f Parachut Cr_eek a nd t ransQo rt the natura l gas to the/
e istin Ameri c an Soda Pi eline . The existing American Soda Pipeline wi ll then be used
to transport the natural gas to the existing Middle Fork Compressor Station located in
Section 30, Township 5 South, Range 95 West. E nCana plans to increase production in
th e Piceance Basin by approximately I 00 t o 2 00 m illi on standard cu bic feet per day
(mscfd), each year, for t he next several years. T he North T runk # I Pi pelin e will pro v ide
a n atura l gas ga th erin g syst em that w ill t ransp ort th e proj ected future vo lum es of n at ural
gas from the N P R t o major inter connecti o ns with oth er inter st at e p i pelines. The proposed
p ipeline wi ll t ransport approximately 40 mscfd of natural gas fro m th e Pi ceanc e Basin of
west ern Co lorado.
(6) Regulatory Permit Requirements : a table indicating the permit agency name,
permit/ac ti on driving task and the tas k to be p erformed to obtain the permit.
The fo llowing table lists permits required to construct th e projec t:
Required Permits-Pipelines
Agency I Permit or Con sultation I Applicability
Federal
Depa11m ent of Int erior
Bureau of Land Management
2
Required Permits-Pipelines
A~ency Permit or Consu ltation Applicability
Sundry Notice Installation of pipeline s within
a federal unit on BLM
administered la nd s.
Army Corps of E ngineers
C olorado/Gunnison Basin Regulatory Offic e
Nationwide G eneral Construction within wat er s of
Permit # 12 the United States .
State of Colorado
De partment of Public Hea lth and E nv ironment
Water Quality Control Div is ion
Cons truction Stormw ater Discharge of s to rmwater from
Permit a cons tructi o n s ite .
Local-Colorado
Garfield County
Development Plan Installation of pipe line s ;
indi vidual l ines greater than
12 -inch diameter and 2 miles
in length or any di ameter 5
miles in leng th.
A copy of the Sundry Notice is provided in Attachment 2 and a copy of th e C ons truction
Stormwater Permit is i ncluded in Attachme nt 3 . At the request of the BLM White River
Field Office the Sundry Notice w ill not be s ubmi tted until May 2007
(7) Prim ary Proj ect Parti cipants: Include the names, address, and phone n umbers
of the compan y representative, company and in divid u al acting as an agent for
the company, co n struct ion com pany co ntacts, fede ral a n d state agency co n tacts .
P . tP f . t ro.1ec ar 1c1pan s
Name Titl e Address I Telephone/Cell
EnCana
Construction 2717 CR 215 , Suite (970) 285-2632 Dewey Neely 100, Parachute, CO Coordinator 81635 office
Preston 2717 CR 215 , Suite (970) 285-2667
Nelson Permit Coordinator 100, Parachute, CO office
8 1635 (303) 437-9145 cell
3
27 17 CR2 15, Suite
Rex A ll en Construction Tech 100, Parachute, CO (970) 574-8532 cell
8 1635
Agency Contacts
Bureau of Land Management -White River Field Office
Penny Brown Realty Speciali s t 73544 Hwy 64 (970) 878-3800
Meeker , CO 81641 office
Army Co rps of Engineers -Colorado/Gunnison Basin Regulatory Office
En v ironmenta l 402 Rood Ave, (970) 243-11 99 Susan Nall Room 142 Engineer Grand Jct., CO 8150 1 office
CDPHE WCQD -Stormwater
Nathan Environmental 4 3 00 Cherry Creek (303) 692-3555
Moore Engin eer Sou th, Denver, CO office 80202
Garfield County Planning Department
108 81n Street , Suite (970) 945 -8 2 12 Fred Ja rm a n Directo r 401 Glenwood
Springs , CO 8160 1 office
(8) Project Facilities: Identify any permanent proj ect facilities such as permanent
) right-of-ways , widths, meter s tations, valve sets, etc.
' lie construction right-of-way wi ll normall y consist of 70 feet of work area for
construction of tne m1nK pipe line and after the completio n of the projec ; Hie ri ght-of-way
will revert back to a 30 foot permanent easement fo r operation of th e pipelin e.
The proposed pipe line wi ll n ormally be ins t all ed a t t he edge of the adjace nt ro ad ri ght-of-ou.{5 .k. '! 11151/e_
way. The off-set will var y dependin g on the numb er of existin g pipelines w ithin the
corrid or, terrain and/or env ironmental features. At locations where En Can a will parall e l
existing pipelin es an offset of 5 to 50 feet ma y be requ i red to avoid potenti al impact or
damage to th e existing pipe lines.
Aboveground faci lities include vesse ls, block valves, sid e bl ock valves, /)/ · )1 1":>
launcher/receivers, cathodic protection devices, a nd CDP buil d in gs. After completion of
reclamation activities, aboveground pipeline m arkers wi ll b e ins tall ed over the center of
the pipe line.
(9) Construction Schedule: indicate the es timated start and end elates for
construction, clays of the week in which construction will occur, hours of day
durin g which construction will occur.
Cons truction acti v ities are tentatively sch ed ul ed fo r May 2007 and w ill continu e throu g h
the s ummer of 2007 as drilling operati ons continue. Construction activ itie s wi ll primarily
4
b e focused during the spring a nd early s ummer months. Working hours w ill norm a ll y
range from 7:00 AM to 5:00 PM Monday through Saturday.
Construction acti v ities will take approximately I 0 to 15 week s and wi ll beg in upon
approval fr om the G a rfi e ld County Pl anning Directo r .
(10) Sensitive Area Survey: List the types and areas of concern along the pipelin e
right-of-way, such as: sensitive plant populations, cultural, archeological,
paleontological resources and w etlands identified during pre-construction
environmental surveys, if applicable.
The F09 596 CDP, A03 596 C DP, and re lated di scharge pipeline S'were n ot surv(}yed fo r
nsttive resources. However, E n Can a wi ll fo ll ow the same m i figat10n requireme nt s as
determined for th e North Trunk #1 for the CDP's and related disch arge pipe lines.
en vironme nta l impact were id entifi e d whil e the
• Identifying acti ve and inactive rapt or nest l ocations, establi shment of buffers aro und
the active raptor n es t, and recommended avo id ance timeframes.
• Mapping of active and inactive Great er sage-gro u se l eks, nesting habitat , and overall
sage grou se range. Avo idance and buffe rs were est abli shed aro und the acti ve leks and
adjacent nesting habitat.
• Completing surveys for federall y li s ted t hreatene d and endangered pl ant s and BLM
sens itive spec ie s plants along the proj ec t right-of-way .
• Evalu atin g potential h abitat for the Willi amson 's Sapsucker and Virgini a's Warbler;
which are li sted a s Bird Species of Conservat ion Concern .
(11) Land Grant/Permits/Authorizations and Stipulations: attach a copy of any
land grants, permits, and authorizations including stipulations.
A copy of the BLM Sundry Notice i s provided in A tt achment 2. At the request of the
BLM White R ive r Field Office the Sundry Notice w ill not be submitted until May 2007.
(12) Revegetation Plan:
a. A plant material list. Be specific, scientific and common names a r e r equire d.
Include application rate in terms of pure li ve seed (PLS) per acre/.
b. A planting schedule that includes timing, methods, and mulching.
c. A revegetation security. A security may be required if, in the determinati o n
of the County Vegetation Management, the proposed project has:
5
(i) A potential to facilitate the spread of noxious weeds.
(ii) A potenti a l to impact watershed areas.
(iii) A potential for visua l impacts from public viewing corridors.
(iv) Steep slopes (15% or greater) or unstable areas.
(v) Disturbs large areas (Half a n acre or greater)
d. T h e revegetation security will be i n an amount to be determined by the
County Vegetation Management that will be site-specific and based on the
amount of disturbance. The security shall be h eld by Garfield County until
vegetation h as been successfu lly reestablished, or for a period of time approved
by the County Vegetation Management in any specific l and use action,
according to the Reclamation & Revegetation Standards Section in the
Garfield Cou nty Weed Management P la n . The County Vegetation
Management will evaluate the reclamation and revegetation prior to the
release of the secu rity.
S eeding and rec la m ation ac t ivi ti es w ill begin after fi na l cl ea n-up ac ti viti es have been
completed a nd during th e next seeding window in the fall of 2007. Disturbed areas w ill
be reseeded wi th the NPR Upper Z one Seed Mi x;. unless the BLM Authorized Officer,
fee landowner, or Garfield County requests other seed mixtures. E n Cana will only u se
seed that is certified weed-free. Seed bag tags wi ll be co llected and s ubmitte d to the BLM
within 30 days of seeding. Seeding rate will be listed as pounds per acre of pure live seed
(PLS).
R d d S d M" f U ecommen e ee 1x or pp er z one D" t b 1s ur ances
Species (Common) Species (Scientific) Seedine; Rate (PLS */Ac)
Grasses
Slender Wheatgrass Elymus trachycaulus 3.0 lb s.
Mountain Brome Bromus marf?inatus 2.0 lbs.
Nodding Brome Bromus anomalus 2.0 lb s.
Idaho Fescue Fes tu ca idaho ens is 1.0 lbs.
Forbs
Rocky Mtn. Pestemon Penstemon strictus 1.0 lbs.
Cicer Milkvetch Astr af?a/us cicer 0.9 lbs.
Utah Sweetvetch Hedysarum boreale 1.3 lb s.
Western Yarrow Achillea millefolium 0.5 lbs.
American Vetch Vicia americana 1.3 lbs.
Shrubs
Mountain Big Sagebrush Artemisia tri dentata 0.25 lbs.
*Pure Live Seed Total 13.25 l bs/pls/ac
The right-of-way w ill be scari fi ed , t ill ed , h a rrowed, or rough ened t o a depth of 3 to 4
inches prior to seeding, where needed, to prepare the seedb ed and improve revegetation
potential. Seed will be placed in direct contact with the soil a t an average depth of 0 .5-
inches, covered with soil , a nd firmed to eliminate a ir pockets around the seeds . Seed will
be applied u sing a rangeland seed drill with a seed release and agitation mechanism
6
s ufficient to a ll ow seeds of variou s s izes and dens iti es to be planted at the proper seedin g
depth. Broadcast seeding w ill be employed only in areas where drill seeding is unsafe or
physicall y impo ssibl e. Broadcast application ra tes will be double th e drill rate.
Immediately after broadcasting, the seed wi ll be uniformly rak ed , chained , or dragged to
in co rporate seed to a sufficient seeding d epth.
Upon completion of seed in g activiti es timber slash and larger shrub s that were previously
cleared from the work area will be scattered along th e reclaime d ri ght-of-way to a id in
so il stabili zati on and to minimi ze OHV traffic.
The NPR Reclamation Pl an is provided in Attachment 8. The N PR Reclam ation Plan
d escribes in greater detail the restorati o n g uide for disturbed l and s on the NPR from the
r esult of cons tructing well pads, roads, and pipelines .
EnCa na has provided a revegetation security to Garfield Count y for th e amount of
$67,000 or $2,5 00 per acre of di sturba nce for the North Trunk# I Pipeline. The security
depo sit certificate is provide d in Attachment 9. EnCana wi ll provide an additional
revegetati on sec urity for the amount of $40,000 o r $2,500 per acre of disturbance
assoc iated with constru ction o f the CD P 's and CDP dischar ge pipe lines .
(13) A weed management plan for all Garfield Co unty listed noxiou s weeds and
State of Colorado listed noxious weeds that are targeted by the Commissioner
of Agriculture for statewide eradication.
Noxious weed surveys were co mplete d by We stWater o n the No1th Trunk # I Pipeline.
Limited population s of houndstongue (Cynoglossum officinale) and Canada thi s tl e
(Cirsium arvense) were id e ntified within th e genera l a re a of the North Trunk # I.
A dditiona l s urveys w ill be conducted during the spring g rowing season a nd prior t o
con struction to determine the noxiou s weed spec ies present and the extent of infesta tion .
Th e F 09 596 CDP, A03 596 C DP, a nd r ela ted di sc ha rge pi12e lin es wer e not s ur veye d fo r
nox ious wee ds. H owever , EnCana w ill foll ow the same nox ious weed mit igation
re quirem e nt s as dete rmined for the North Trunk #1 for the CDP 's and r elat ed di sch ar ge
pipelines.
The follo w in g measures id enti fy how En Cana wi ll control and reduce th e spread of
n ox ious weeds:
• Ensure tha t equ ipment u sed on the proj ect is cl ean and fr ee of no x ious weeds before
arriving at the project. Cl eaning wi ll be completed u sin g either hi g h-pressure water or
co mpressed air to remove pote ntial weed seeds.
• Mi nimi ze soil di sturba nce to reduce areas of potential no xious weeds. Equipment and
project vehicles wi ll be confined to th e fl agged proj ect right-of-way t o minimize
excess so il disturbance .
• Salvage and segre gate top soil , then redis tribut e to rec laim th e right-of-way.
7
Establi sh native grasses and forbs. The NPR Reclama tion Pl an includ ed in
) Att achment 8 has identified the appropri ate seed mixes for r eclam ati on of dis turbed
areas.
)
• Eradicat e weed introductions earl y through th e uses of herbi c ides . Herbicides w ill
on ly be appli ed by personnel that are licensed by the State of Colorado t o use and
app ly herbi cides.
The Weed Management Plan i s provided in A ttachment 10.
(14) Emergency Response Plan: include a fire protection and ha zardous material
spills plan, which specifies planned actions for possible emergency events, a
listing of persons to be notified of an emergency events, a listing of perso n to be
notified of an emergency event, proposed signage, and provisions for access by
emergency response teams. The emergency plan must be acce ptable to the
appropriate fire district or the County Sheriff, as appropriate. The plan shall
include a provision for the operator to reimburse the appropriate emergency
se rvice provider for costs incurred in connection with emergency response for
the operator's activities at the site.
The En Cana Emergency Response Plan i s provided in Attachment 11.
The fo ll owing t ab le li sts contact info rmati on fo r E mergency Services Personne l:
Emergency Phone Numbers
Utility Notification Center of CO (800) 922-1987
Garfield County Sheriff (970) 625-8095
Parachute Fire Department 9 1 1 or (970) 285 -7711
Parachute Police Department 9 11 or (970) 285 -7630
(15) Traffic Impact: for construction traffic on county roads, indicate the
anticipated types of vehicles, number of each type, anticipated number of trips
per day per each type, county roads to be used, percentage of the construction
traffic that will travel on each listed county.
EnCana w ill u se existing private access roads to gain access to the right-of-way during
construction. These access roads a re primaril y gravel and/or di11 roads utili zed by t he o il
and gas indu s try. No co unty roads w ill be used in Garfield County for construction of the
proj ect.
(16) Staging Areas: indicate the general location of the staging areas required for
pipeline construction.
EnCana's contractor will use an ex1stmg contractor yard and office in Ri o Blanco
County , Co lorado. No co ntractor yard s wi ll be located in Garfield County .
8
EnCana's contractors will haul the pipe used for the project from a pipe wholesale
·distributor located in Garfield County and no pipe yards will be necessary for the
construction of the project.
(17) Hydrotest Water: indicate the quantity of water required, source of water and
the disposition of the water after testing.
The North Trunk # I Pipeline and CDP discharge pipelines will be pneumatically tested
with natural gas prior to being placed into service.
9
EnCana Oil & Gas (USA) Inc.
North Parachute Ranch
Garfield County Development Plan
Application Narrative
January 2007
Applicant:
EnCana Oil & Gas (USA) Inc.
2717 Garfield County Road 215, Suite 100
Parachute, Colorado 81635
TABLE OF CONTENTS
Table of Contents .................................................................................................................... ,.0
1.0 Introduction ..................................................................................................................... 1
1.1 Project Description ...................................................................................................... 1
1.2 Purpose and Need ...................................................................................................... 1
1. 3 Location ....................................................................................................................... 2
1.4 Facilities ...................................................................................................................... 2
1.4.1 Project Design ......................................................................................................... 2
1.5 Land Requirements ..................................................................................................... 2
1.5.1 Right-of-Way ........................................................................................................... 2
1.5.2 Corridor ................................................................................................................... 2
1.5.3 Disturbance ............................................................................................................. 3
1.5.4 Contractor/Pipe Storage/Offloading Yards ............................................................... 3
1.5.5 Aboveground Appurtenances .................................................................................. 3
2.0 Development Plan Requirements .................................................................................... 3
2.1 Attachments ................................................................................................................ 3
2.1.1 Attachments ............................................................................................................ 3
2.2 Construction Schedule ............................................................................................... .4
2.3 Construction Methods ................................................................................................. .4
2.3.1 Plan of Development .............................................................................................. .4
2.3.2 Construction Sequence .......................................................................................... .4
2.3.2.1 Engineering Surveys ................................................................................... .4
2.3.2.2 Clearing, Grading, and Topsoiling ............................................................... .4
2.3.2.3 Trenching ..................................................................................................... 5
2.3.2.4 Pipe lnstallation ............................................................................................ 5
2.3.2.5 Backfilling ..................................................................................................... 6
2.3.2.6 Cleanup ....................................................................................................... 6
2.3.3 Road Crossings/Installation ..................................................................................... 7
2.3.4 Drainage and Stream Crossings/Installation ............................................................ 7
2.4 Required Permits ......................................................................................................... 7
2.5 Ownership and Fee-Landowner Documentation .......................................................... 8
2.5.1 Ownership ............................................................................................................... 8
2.5.2 Agreements ............................................................................................................. 8
2.5.3 Notifications ............................................................................................................. 8
2.5.4 Buildings .................................................................................................................. 8
2.6 Project Participants ...................................................................................................... 9
2. 7 Sensitive Area Surveys ............................................................................................... 9
2.8 Revegetation ............................................................................................................. 10
2.9 Weed Management Plan ........................................................................................... 11
2.1 O Emergency Response ............................................................................................... 12
2.11 Traffic Impact. ............................................................................................................ 12
2.12 Staging Areas/Construction Yards ............................................................................. 12
2.13 Hydrotest Water ........................................................................................................ 12
3.0 Post-Construction Activities ........................................................................................... 12
3.1 Maintenance and Operation ...................................................................................... 12
4.0 Mitigation Measures ...................................................................................................... 13
4.1 Noxious Weeds ......................................................................................................... 13
4.2 Erosion and Stormwater ............................................................................................ 13
4.3 Threatened, Endangered, and Sensitive Species ...................................................... 14
4.4 Cultural Resources .................................................................................................... 15
4.5 Air Quality .................................................................................................................. 15
4.6 Solid Waste Management.. ........................................................................................ 15
4. 7 Hazardous Materials Management ............................................................................ 16
1.0 INTRODUCTION
1.1 PROJECT DESCRIPTION
EnCana Oil & Gas (USA) Inc. (EnCana) is pl ann in g to fur ther develop gas reserves on th e N ort h
P arach ut e Ran ch (NPR). F uture drill ing op erations are bei n g prop osed a t six new locat ions on
th e NPR during th e sp ring o f 007. Thi s project in vo lves cons truc ti o n, operation , an d
mainten an ce of one new tnmk pip eline, two Central Delivery Point (CDP) meters, and two n ew
CDP discharge pip elines-for co ll ecti on of natu ral gas from re lated drilling . operations on the
NPR. Th e p ip eli nes and re lated ab ove-gro und fac ili t ies w ill be locate d in Garfie ld Co u nty,
Col orado. The Nort h Tru nk # 1 Pipeline is ap p roximate ly 18 ,965 fee t in len gth an d
approximatel y 2 ,2 42 fee t of th e ip elin e is located on BLM lands. Th e remai ni ng segments of
the proposeo pip eline w ill be located on a.eprox im ately 15 782 fee t of En Can a ' s North P arachute
R an e property and 941 f ee t on fe e prop erly. The proj ec t is locat ed in Sections 3, 4, 5, and 6,
Township 5 So uth , Range 9bWes t, an d i n Sections 33 and 34, T ownship 4 Sout h, Range 96
West. The F09 596 CDP w ill be located in the NW~ of Sect ion 9, Township 5 South, Range 96
West and th e A03 596 CDP w ill be l ocated in th e NE ~of Section 3, Townsh ip 5 South, Range
96 West. Th e F09 596 CDP di sch arge p ipeli ne w ill be in sta ll ed through th e Nort h Yi of Section 9
and connect into the No11h Tru nk # 1 lo cate d in Secti on 4 , Townsh ip 5 So uth, Range 96 Wes t.
Th e A 03 596 CDP di schar ge p ipeline wi ll connec t int o the ex istin g American Sod a p ip e li ne
located in Section 3, Township 5 South, Range 96 Wes t. Proj ect m ap s are included in
A ttachmen t 1.
The North Tru nk# 1 Pipeline w ill gath er unp rocessed natural gas fro m th e A03 596, E 16 596,
GOS 596, G09 596, K04 596, and K05 596 we ll p ad si tes a nd transport th e natural gas to exis tin g
EnCana pip e li ne systems fo r deli ver y of the natu ral gas to terminals outside of the Piceance
Basin. Th e proposed pip e li ne will co n s ist of approx imately 3.6 mi l es of trunk pipeli ne and 1.5
m iles of discharge pip eli ne. The trunk p ip e lin e w ill be up to12 -inch di am eter and the di sch ar ge
p ipelines w ill b e up t o 8-inch di am eter for t ransport ing natural gas.
E nCana wi ll submit a Sundry Notice in May 2007 to the Bureau of L and Man agement (BLM)
reques tin g authori zati on to co n strnct , operate, and ma in ta in an up to 12-inch di ameter n atural gas
pi peline and rel ate d above-grou nd faci liti es iri Garfiel d County, Colorado. The Sundry Noti ce is
inc luded in A tt ac hment 2 .
1.2 PURPOSE AND NEED
The proposed pipeli ne w ill gather unpro cessed gas fr om multiple well p ad lo cations in the
vicinity of the Wes t Fork of P ara chu te Cr eek and tran sport the natural gas to the ex is tin g
Ameri can So da Pipeline. The existing Am erican Soda Pipeline w ill th en b e used to transport t he
natural gas to th e ex isting Midd le Fork Comp re ssor St ation lo cated in Section 30, Township 5
South, Range 95 West. EnCana p lan s to increase production in the Pi ceance Basin by
approxi mately 100 to 200 millio n st an dar d cubic fee t p er day (m scfd), each yea r, fo r the nex t
several year s. The North Tmnk # 1 Pipe lin e w ill prov ide a natu ral gas gath eri ng syst em tha t w ill
tran sp 011 th e proj ect ed futur e v olum es of n atu ral gas from th e NPR to m ajor inter connecti ons
w ith other in te rs tate pipelines. Th e prop osed pi peline w ill tran sp ort ap proximat ely 40 mscfd of
n atural gas from the Picean ce Basin of western Co lorado .
1.5.3 Disturbance
The North Trunk# 1 Pi peline, CDP 's, and CDP discharge pip elin es wi ll di s turb approximately
43.7 acres in G arfield Co u nfy.
p · I' L IR . G fl Id C ip e m e anc e qmrements m ar i e ounty
Construction Disturbance Total
Lan downer Con struction Areas (ac r es) (acr es )
BLM 3.6 3.6
Old land 1.5 1.5
E n Can a 38.6 38.6
Total 43.7 43.7
EnCana has sel ected a route tha t w ill parallel roadways an d existing utility co rridors for much of
the proposea route; approximately 13 .0 acres has been p reviously disturbed from construction
activ iti es associated w ith roadways and uti li ty ins ta ll ati on.
1.5.4 Contractor/Pipe Storage/Offloading Yards
EnCana's contractor w ill us e an existing contractor yard and office in Rio Blanco Count y,
Colorado. No contractor ya rds w ill be located i n Garfield County.
EnCana's contractors wi ll haul the pipe used for the project from a pipe wholesale distributor
located in Garfield County and n o pipe yards w i ll be necessary for the construction of the
project.
1.5.5 Aboveground Appurtenances
Aboveground faci li ties include vessels, block valves, s ide bl ock va lves , launcher/receivers,
cath od i c protection devices, and CDP b ui l dings . After compl etion of r ec lam ation activities,
a bovegro und pipeline markers w ill be install ed over the center of the pi peline.
2.0 DEVELOPMENT PLAN REQUIREMENTS
2.1 ATTACHMENTS
2.1 .1 Attachments
This Development P lan includes the following attachments:
Attaclunent 1 -Maps
A tt aclunent 2 -BLM S undry Noti ce
Attachment 3 -St o1mwater Management P lan
Attachment 4 -L ine List
Attachment 5 -NPR Deed
Attachment 6 -Fee-owner Notification and Surface Use Agreement
3
Availabl e t op so il , up to a dep th of six inches on BLM l ands and EnCana's NPR, wi ll be
segregated from th e trenchl ine only . On an y lands req uirin g grading, t opsoil wi ll be stripped
from the entire po1i ion of the right-of-way that requires grading. Topsoil will be removed and
stockpi led, and the ri ght-of-way w i ll be graded on ly to t he extent necessary to create safe and
e ffi cient p ipeline insta ll at ion cond itions . A t the fee -lan downers request, up to 10 inches of
top soi l may be segregated from th e tren ch and spoi l s ides of the right-of-way and the entire
port io n of the right-of-way may be st ri pp ed of avail able topsoil if grading i s r equ ired.
2.3 .2.3 Trench ing
T h e d itch will b e excavated an d s loped in accorda11ce with OSHA s pec i fica ti ons. The cover from
top of pipe to gro und level will be a m inimum of 36 inches. Wher e rock is encountered , tractor-
m ounted mechanical ri ppe rs or rock tren ching equ ipment m ay be use d to fac ilitate excavation.
The botto m of the tren ch line w ill r emain free of rocks and d ebri s to all ow fo r a so lid surface to
install th e pip e.
The trench w ill be excavated and subsoi l material stockpi led at the edge of the workspace. Based
on fie ld conditi ons, gap s will be made in s ubso i l stockpi les to avoid ponding or excessive
di ver si on of natural run off during s torm events.
2.3 .2.4 Pipe Installat ion
Pipe i nst a ll a ti on w ill includ e st ri n gin g, b endin g fo r horizonta l or vertical angles in the a li gnment,
weldi n g the p ipe segments together, coating the joint areas to prevent corrosion, and then
lowering -i n and padding as described in g reater det ail below.
Stringi ng
Pip e w ill b e hau led b y truck to th e pipeline ri ght-of-way . Each j oint of p ipe w ill b e un load ed and
p la ced p ar all el to th e ditch . Each section of pipe w i ll b e stacked on timber skids to stabili ze the
p ipe until weldin g is compl e ted.
Bend i ng
A ft er the j oints o f pip e are s trun g along th e di tch, indi vidual joints of pipe will be bent to
acc ommod a te h o1i zo nt al an d vert ica l ch an ges in di rec tio n . F ield b e11d s will b e ma d e utili z ing a
hydrau lically operated bendin g machine . Wh ere th e defle ct io n of a b end exceeds the allowab le
limits fo r a fi e ld -b ent pip e, factory (induct ion) bend s will b e inst alled .
Welding
A fter the p ipe j oints are ben t, the pi pe w ill be lin ed up end -to-end and clamped into position. The
two j o ints of pipe w i ll be evenl y spaced w ith in the clamps t o ensure that the pipes are proper ly
aligned , before weldin g begin s. T h e p ip e is th en weld ed in c onfomrnnce with 49 CF R Part 192,
Subpart E. "W elding of St eel P ip elines" and AP I 1104, "Stand ard for Wel ding Pi pelines and
R elated Facili ties ".
Welding Inspection
W eld s wi ll be v isu a ll y insp ec ted by a q ua li fied in sp ect or. Any d efects wi ll be repaired o r cut out
as r equired un der the sp ec ified r egul ati ons and s tandards.
5
2.3 .3 Ro ad Cro s sings/In s tall ation
The proposed pipelin e will not cross any Garfield County or BLM roads a long the project route.
The proj ect will be installed across umerous two tra ck roads and industrial roads on the NPR.
The pipeline will be buried a r least 60-inches und erneath the road surface to ensure proper
protection of the pipeli ne.
2 .3 .4 Drai nage and Stream Crossings/I nstall ation
The No1ih Trunk # 1 Pipeline will not cross any intermittent or perennial drainages. The F09 596
CDP di sch arge p ip eline wi ll cross the West Fork of Parachute Cr eek in the North Yi of Section 9,
Town ship 5 South , Range 96 West. The stream channel w i ll be constructed across ut ili zing the
flu me or d ry-cross ing t echniqu e.
2.4 REQUIRED PERMITS
The following tabl e lists p ermits required to construct the project:
R eq u ire d P ermits-Pipelines
A g en cy Per m it or C on s ultati on A p p li cabili t y
Federal
D epartment of Interior
Bureau of Land Management
Sundry Noti ce Install atio n of pipelines w ithin
a federa l unit on BLM
administered lands .
Army Corps of Engineer s
Colorado/Gunnison Basin Regulatory Office
Nati onwide General Cons truction within waters of
Pe1mit # 12 the U nited States.
S tate of Colorado
Department of P ub lic Health and Environment
Water Quality Con tro l Divis ion
Construction Sto1m water Discha rge of sto1mwater fro m
Permit a construction site.
Local-Co l orado
Garfield County
7
2.6 PROJECT PARTICIPANTS
Project participants and contact information are provided in the following table.
fOJeC ar 1c1pan s P . tP f. t
Name Title Address
I
Telephone/Cell
EnCana
Construction 2717 CR 215, Suite (970) 285-2632 Dewey Neely Coordinator 100, Parachute, CO office 81635
2717 CR 215, Suite (970) 285-2667
Preston Nelson Permit Coordinator 100, Parachute, CO office
81635 (303) 437-9145 cell
2717 CR215, Suite
Rex Allen Construction Tech 100, Parachute, CO (970) 574-8532 cell
81635
Agency Contacts
Bureau of Land Management -White River Field Office
Penny Brown Realty Specialist 73544 Hwy64 (970) 878-3800
Meeker, CO 81641 office
Army Corps of Engineers -Colorado/Gunnison Basin Regulatory Office
Environmental 402 Rood Ave, (970) 243-1199 Susan Nall Room 142 Engineer Grand Jct., CO 81501 office
CDPHE WCQD -Stormwater
Enviromnental 4300 Cherry Creek (303) 692-3555 Nathan Moore Engineer South, Denver, CO office 80202
Garfield County Planning Department
108 8" Street, Suite (970) 945-8212 Fred Jarman Director 401 Glenwood
Springs, CO 81601 office
2.7 SENSITIVE AREA SURVEYS
West Water Engineering Inc. (West Water) has completed the biological assessments of the NPR
from 2004 to the present. The North Trunk # 1 Pipeline was surveyed for sensitive resources
during the summer of 2006 and in early January of 2007. The Sensitive Resource Report for the
North Trnnk # 1 is provided in Attachment 7.
The F09 596 CDP, A03 596 CDP, and related discharge pipelines were not surveyed for
sensitive resources. However, EnCana will follow the same mitigation requirements as
determined for the North Trnnk #1 for the CDP's and related discharge pipelines.
9
) densities to be planted at the proper seeding depth. Broadcast seeding will be employed only in
areas where d1ill seeding i s unsafe or physically impossible. Broadcast appl ic ation rate s will be
doubl e the drill rate. Imm ediately after broadcasting, th e seed will be uniformly raked, chained,
or dragged to incorporate seed to a s ufficient seed ing depth.
Upon completion of seeding activities timber slash and larger shrubs that were previously
cleared from the work area will be scattered along the reclaimed right-of-way to aid in soil
stabilization and to minimi ze OHV traffic.
The NPR R eclamation Plan is provide d in Attachment 8. The NPR Reclamation Plan de scribes
in greater detail the re storation guide for disturbed lands on the NPR from the result of
constrncting well pads, roads, and pipelines.
EnCana has provided a r evege tation security to Garfield County for the amount of $67 ,000 or
$2,500 per acre of disturbanc e for the North Trunk # 1 Pipeline. The security deposit certificate
is provided in Attaclunent 9. EnCana wi ll provide an add iti onal revegetation security for the
amo unt of $40,000 or $2,500 per acre of disturbance associated with construction of the CDP's
and CDP discharge pipelines.
2.9 WEED MANAGEMENT PLAN
Noxious weed surveys were completed by WestWater on the North Trunk# 1 Pipeline. Limited
populations of houndstongu e (Cynoglossum officinale) and Canada thi stle (Cirsium arvense)
were identified within the general area of the N01ih Trunk # 1. Additional surveys will be
conducted during the spring growing season and prior to constrnction to determine the noxious
weed speci es present and the extent of infestation.
The F09 596 CDP, A03 596 CDP, and related discharge pipelines were not surveyed for noxious
weeds. However, EnCana will follow the same noxious weed mitigation requirements as
dete1mined for the North Trunk #1 for the CDP's and related discharge pipelines .
The following measures identify how EnCana will contro l and reduc e th e spread of noxious
weeds:
Ensure that equipment used on the project is clean and free of noxious weeds before arriving
at the project. C l eaning will be completed using either high-pressure water or compressed air
to remove potential weed seeds .
Minimize soil disturbance to reduce areas of potential noxious weeds. Equipment and project
vehicles will be confined to the flagged project right-of-way to minimize excess soil
disturbance.
Salvage and segregate topsoil, then redistribute to reclaim the right-of-way.
Establish native grasses and forbs. The NPR Reclamation Plan included in Attachment 8 has
identified the appropriate seed mixes for reclamation of disturbed areas.
• Eradicat e weed introdu ctions early through the uses of herbicides. Herbicides will only be
applied by personnel that are licensed by the State of Colorado to use and apply herbicides.
l l
EnCana will monitor th e right-of-way for noxious weed infestations and shall control noxious
weeds as reques ted by the BLM Authorized Officer and Garfield County Vegetation
Management pers01mel. Herbicide u se shall b e approved by the BLM Authorized Officer prior to
use.
EnCana's gathering system is operated according to natural gas industry standards. Supervisors
and field personnel will monitor and control the system by driving throughout th e project area
·inspecting facilities on a p eriodic basis. Disposal of any liquid and solid waste generated durin g
maintenanc e and operation of the pipeline will b e done at an approved facility in an
env ironn1entally sound and approved manner.
4.0 MITIGATION MEASURES
The following protective measures have been adopted by EnCana to address sp ec ifi c resource
values and environmental concerns associated with the project. Additional mitigation measures
may be attached as stipulations to th e BLM Sundry Notice approval.
4.1 NOXIOUS WEEDS
All construction equipment and vehicles will be clean and free of soil and weed seed prior to
moving equipment and vehicles onto public lands, fee-owner property, and the EnCana NPR and
the start of construction. Cleaning s hall be accomplished by high-pressure washing with water or
compressed air. EnCana will monitor th e right-of-way for noxious weed infestations and shall
control noxious weeds as requested by the BLM Authorized Officer, fee-owner, and Garfield
County Vegetation Managem ent pers01mel. Herbicide use shall be approved by the BLM
Authori z ed Officer prior to use. The Weed Management Plan is provided in Attachment 10.
The following m easures identify how EnCana will control and reduce the spread of noxious
weeds:
E nsure that equipment used on the project is clean and free of noxious weeds before arriving
at the project. Cleaning will be completed using either high-pressure water or compressed air
to remove potential weed seeds.
Minimize soil disturbance to reduce areas of potential noxious weeds. Equipment and project
vehicles will be confined to the flagged project right-of-way to minimize excess soil
disturbance.
Salvage and segregate topsoil, then redistribute to reclaim the right-of-way.
Establish native grasses and forbs. The NPR Reclamation Plan included in Attachment 8 has
identified the appropriate seed mixes for reclamation of disturbed areas.
Eradicate weed introductions early tlu·ough the uses of herbicides . Herbicides will only be
applied by personnel that are licensed by the State of Colorado to use and apply herbicides.
4.2 EROSION AND STORMWATER
Temporary and pennanent erosion control measures will be implemented to control erosi on and
transport of sediment. Erosion and sediment controls will be used and maintained during all
13
)
operations wou ld be minimal. Brush clearing activ iti es will be comple ted either before May 15th
or after July 15th to reduce any direct impact to the Virginia's Warbler.
The Sensitive Resource Report for the North Tnmk # 1 i s includ ed in Attachment 7.
4.4 CULTURAL RESOURCES
The following mitigation measures will be followed dming cons truction and operation of the
project:
4 .5
All persons in the area who are associated with this project must be informed that if anyone
is found knowingly disturbing histmic, archaeological , or scientific res.ources, including
collecting artifacts , the person or persons will be subject to prosecution and dismissal from
the project.
The BLM Authorized Officer w ill be notified , by telephone, with written confinnation,
immeaiately upon the discovery of human remains, funerary items , sacred objects, or objects
of cultural patrimony. Activities must stop in the vicinity of the discovery and the discovery
must be protected for 30 days or until notified to proceed by the Authorized Officer.
If in connection with operations under this contract the project proponent, his contractors,
subcontractors, or the employees of any of them, discovers, encounters or becomes aware of
any objects or sites of cultural or paleontological value or scientific interest such as historic
or prehistoric ruins, graves or grave markers, fossils, or artifacts, the proponent . shall
immediately suspend a ll operations in the vicinit y of the cultural or paleontological resource
and shall notify the LM autho r ized officer of th e mdings . Operations may resume at the
discovery site upon receipt of w1itten instructions and authorization by the Authorized
Officer.
AIR QUALITY
Dust shall be controlled by th e use of water or an approved dust suppressant, as directed by the
BLM Authori z ed Officer and/or Garfield Coun ty.
4.6 SOLID WASTE MANAGEMENT
The constrnction right-of-way will be maintained in a sanitary condition at all times and waste
mate1ials on the project wi ll be disposed of promptly at an appropriate waste disposal facility.
Waste includes, but is not limited to, human waste, trash, garbage, ashes , welding rods, etc.
Portable toilets will be avai l able on-site. Liquid and solid waste generated during construction of
the project will be disposed of in an approved manner at an approp riate facility so as not to
impact air, water, soil, vegetation, or wildlife. .r
15
•,
)
..
•
--__,,
APPROXIMATE TOT AL PIPELINE DISTANCE = 18,965' +/-
LEGEND:
EXJSTlNG PIPELINE
----------PROPOSE D TR L::-;KU:XE
I ~ J
EnCana OIL & GAS (USA) INC.
NORTH TRUNK iii
SECTlONS 3. 4. 5 & 6. TSS. R96W . 6th P .M.
SECTIONS 33 & 34 . T4S. R96W . 6th P.Yi .
T0Po~~~PH1c I J~!Po9 1 9iJ lfl)l ······~
1
J ~ .VJ
Legend
...... North Trunk Pipeline
DstM
No Weed Infestations Along
Pipeline Alignment
.,
.. --t -~ I :.:.----:-r
"'• ~ .. .../ .--I ... ~---1:
f<. crt w
-
Figure 1:
EnCana North Trunk #1 Pipeline
WestWater Engineering
Weed Management Plan
Miles (Sc ale 1 :24.000)
0 0.25 0.5
-
~
~
h
Form 3160-5 UN IT E D STATES FORM APPROVED
(February 200S ) DEPARTMENT OF TIIE I NTERIOR OMB No. 1004-0137
BUREAU OF LAND MANAGEMENT Expiros: March 31, 2007
5. Lease Designation and Serial No .
SUNDRY NO TIC ES AND REPOR TS ON WEL LS 6. If l n<li<1n, Allotcc 01 T ribo Name
Do no t u se this form fo r proposals to drill o r to re-ente r a n
a hanrloned well. Uso form 3 160-3 (Af"D) for such proposals. 7. If Unit or CA. Agreement Designation
SUB MIT IN TR/PUCA TE -Otiler ins truction s on reverse sirlP. North Parachu te Ranch
1. Typo of Well 8. Well Name and No.
Oil
n we11
Gas
nwell fXl Other
2. Name of Operator 9. APIWellNO .
ENCANA OIL & GAS (USA) INC .
Ja. Address Phone No 10. Field and Pool. or Exploratory /\cc a
2717 CR 21 5 , S t P. 100 P 3 r achulo, CO 8 1635
13b.
970-28 G-2667 North f-'arnct1u te R anch
4 Location of We I (Foot3ge, Sec .. T .. R . M .. or S11rvey) 11. Coun ty or Pari sh. Stale
Sect ions 3 , 4, 5 , & 6 . T5S, R96VV and Sect ions 33 & 34, T 4S , R9GW Garfield --.. CHl=Cl\.J\PPR OPR l .U.T~ BOX(ES TO IND ICAl'E t·MIURE OF NOl ICE. ~EPORr. OR OTHG~ DAfA
;vri c o o: suar.11ss1or i 1 I :i ::. (;i":" /•.C i i()"'!
i1 At..i..:1.~e 0 :JF:1Jjj·.::1 n i 1 todl1r.:u,;11 {St;-:rt l \i..!~~ .·1~~; 0 . ., \.:u ~~ .. I \..II
LJ Al ~cr Cas i ng 0 f"1.1ctll"C rt!,=it IX J R l!t.c!PIOi:.01 1 0 \'.Jr.: .1 t•~u r i ·,-
0 C,,,;q l·:L :i.-r Cl N1...:. Cr.lli·h.· :i,~n II -: F• ~· · I 11;' oJ ',-• lxJ 0 th ..... ,
._J \-:.i-.:qy~ 1'!1.J.l:i. Ll "1,lj I' . ! ~ ~ d i :...\JI c -I 1>.t. r~llii 1,:;,_.1, !.._;) LI ,; ;.\,..t I (ii.It. ... : ~':
D C o n vo11 l o lr1;cction D P l ug 8~1,k D \Nr;uer U1spos a1 0 Final Ab<indonmenl Nt'\tice>
13. Des c ribe Proposed or Completed Cpcral ons {c'c3 :ly state all pert1ncnel ce ti.li l s. including estrma;clJ start ing llilte of any proposcll work and app roxrr n<1le d11mlion thereof.
II U10 propo~a l is l o deepen di11.:1..lio11ally o r reco mplcte horizontally. give subsurf<Jce locations and measu red and true vertical depths o f all pert inent markers and zones.
Attach the Bond under whieh tho work will be performed or provide t he Bond No. on file with BLM/BIA. Required subsequent reports shall be filed within 30 days
followino r.nmp letion of Iha Involved opcrotions. If the opc1<tliu11 s re sult In i.l multiple complele or recom pletion in a new interval, a Form 3 160-4 shall be fi l ed on the day
testing has been completed . Fina l Abandonmen t Notices shall be filed only after all requ irements, including reclamation, have been completed. and the opera tor has
determined that the Sile is r eady for fin~I in spection.).
EnCana Oi l and Gos (USA) Inc. is requ e::o li11 y author ization to construct, operat e, a nd main tain an up to 1 2-i nch diameter
buried, n a tural gas, s teel or composit e p ipeline across 2,242 feet o r BLM lands. The proposed p ipel ine is locat e d in Sect ions
3, 4, 5, & 6, T!:>S , R96W and in Sections 33 & 34, T4S, R96W; which o nly the segment in Section 6 , T 5S, R96W is located
on BLM l a nd. Construction will not h P.o in on the B LM land u n t il a fte r July 15th to minimize potential imp act to the Greater
sage g r ouse. The proposed pipeline w i l l be ins ta lled adjacent to Div ide Road.
14 . I hereby certify that the foregoing is true and cor rect Title
Nome (Pnnt edl Typed)
Preston Nelson Permit Coordinator
Signal~~ tjJ, Date
January 0, 2007
'THIS SPACE FOR FEDERAL OR STATE-OFF ICE USE
~.??!<.!~~~ _b_y_ -----• -------------• --• ----••• -• -----• ------------• -• ----•• -• -• ----• --•• --• ----
Title l oate
Cond itions of approval. if any, are attached . Approval of this notice does not warrant or ccr1 ify lhi.ll
u,., appllcan1 hOlds legal or equitable title to those rights in the subject lease which would entille
the apphcant to conduct operations thereon . Ortico
v ""ttcf \vith1n its jurisdicbon.
{
\
Storm Water Management Plan
For
North Parachute Ranch
Garfield County, Colorado
March, 2005
Prepared for:
EnCana Oil & Gas (USA) Inc.
Prepared by:
~~
(ORDILLERAN
Cordillcran Compliance Services, Inc
826 21 Yi Road
Grand Junction, Colorado 81505
NPRSWMP EnCana
TABLE OF CONTENTS
1.0 INTRODUCTION .................................................................................................. 1
J.1 Storm Water Runoff Permitting Requirements ................................................... l
1.2 Project Description and Background .................................................................. 2
1.3 Project 0\\11er and Operator ............................................................................... 2
2.0 CONSTRUCTION SITE DESCRJPTJON ............................................................. 3
2.1 Site Location and Constrnetion Arca Description .............................................. 3
2.2 Schedule of Constmction Activities ................................................................... 4
2.3 Runoff Characteristics ........................................................................................ 4
2.4 Threatened and Endangered Species and Historic Places ................................... 4
3.0 POTENTIAL POLLUTION SOURCES ................................................................ 5
4.0 DESCRIPTION OF CONTROL MEASURES ...................................................... 6
4. J Soil Erosion and Sediment Controls ................................................................... 6
4.1.1 Uphill topsoil stockpile/diversion bcnn ...................................................... 6
4.1.2 Downhill silt fence ...................................................................................... 6
4.1.3 Well pad surface graded to drain to reserve pit .......................................... 7
4.1 .4 Hay bale check dams .................................................................................. 7
4.1.5 Rock check dams ........................................................................................ 7
4.1.6 Road drainage relief .................................................................................... 7
4. J .7 Culvert inlet and outlet protection .............................................................. 7
4.1.8 Soil Berms ................................................................................................... 8
4.1.9 Temporary seeding of pads in the drilling configuration ............................ 8
4.1. I 0 Penn anent seeding of pads in the long-term production configuration ...... 8
4. 1. 11 Seeding of other disturbed areas ................................................................. 9
4.2 Stonn Water Management Controls ................................................................... 9
4.3 Other Controls ..................................................................................................... 9
4.3. I Waste management and disposal ................................................................ 9
4.3.2 fuels and materials management .............................................................. I 0
4.3 .3 Construction Site Housekeeping ............................................................... 11
5.0 INSPECTION AND MAINTENANCE PROCEDURES .................................... 12
6.0 NON-STORMWATER DISCllARGES .............................................................. 14
7.0 CERTIFICATIONS .............................................................................................. 15
7. I Owner/ Applicant Certification .......................................................................... 15
7.2 Conlractor/Subcontractor Certification ............................................................. 15
LIST OF SWMP REVISION DATES ............................................................................. 17
NPR SW!'v1P
Figure I
f'ih'UfC 2
Table I
Table 2
Table 3
Appendix A
Appendix B
Appendix C
LIST OF FIGURES
Well Pad Locations
Typical Well Pad Layout v.~th Storm Water Controls
LIST OF TABLES
Well Pads and Estimated Schedule of Activities
Summary of Soil Types at Well Pads
NRCS Soil Survey Plant Commurnties
LIST or APPENDICES
North Parachute Ranch Storm Water Permit
Typical Storm Water BMP Details
EnCana
Specific Well Pad and Facility Layouts with Stonn Water Controls Noted
and Storm Waler Inspection Form
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NPR S WMP E n Can a
1.0 f NTRO DUCTION
Tl1i s Stonn Waler Man age ment Plan (SWMP) is written to comply w i th the Colorado
Depa rtm e nt of Public Health ru1d Environment's (CDPHE) Gen era l P ermit No. C OR-
03000 issued on June 30, 2 002 and will e x pire on June 3 0, 2 007, and related U.S .
E nvironm e nt a l Protection A g en cy (US EPA) National Polluta nt Di scha r g e Elimination
Sy stem (NPDES) s torm water re gu la tions. Thi s SWMP addresses cons tructi on a nd
drillin g activiti es asso ciate d with devel o pment o f the natural g as rcso tu·ce on the North
Pa rachute Ra nch pro peri y . Th.i s SWMP is ·inte nde d to address storm w a ter management
at all di sturbed are as within the North Para chut e Ranch (NPR) prope rty and will b e
p e ri o dica lly updated as needed to address pl a nned d e ve lopments, new di s turbances, a nd
other changes nee d e d to manage storm water and protect surfac e wa ter qua lity.
S torm wate r permit certifi cation was issued by th e Colorado D e partm e nt o f Public lealth
and Environment as COR-037689 on Januar)' 2 7 , 2 005. The p ermit i s included a s
App e ndix A.
The inte nt of thi s SWMP is to be a dyna m ic doc ument that is update d throu ghout the
p roj ect life . As d e velopme nt progresses and new disturb e d are as are planned this S WMP
will b e updated; t his is likely to occur ev ery 2 to 3 months during 2005 and 2006 . A li st
of rev is ion dates is in clud ed a s th e la s t page of thi s SWMP . Updates will include :
I . Inc lu si o n o f n ewl y pro posed ac tiv iti es th at will result in g round dis turba n ce,
2 . Revi sion of e xi stin g BMPs as n eeded to address sedime nt control, a nd
3 . D ele ti o n of BMPs a nd reduc ti on in monitorin g fr e que ncy for ind ividu al facility
location s where int e rim and lo n g-te rm v egeta ti on h a ve b een successfull y
es tabl is hed .
I . I S to rm Wa te r Runoff Pc rm i ltin g Re quire ment s
The Fed e ral Cl ean Wat e r A c t [S ec tion 4 0 2 (p)I requires th a t di sc har g es of pollutants to
wate rs of th e Unite d Stati on fr o m an y p o int source b e regulate d by NPDES pc nnits . In
Nove mber 1990 th e USE PA publ is hed fin a l reg ul a ti ons th a t esta bli s hed applic ati o n
requirem ent s for s torm wa te r associat ed wj th coJ1 s tru ctjoJu1etivity for soil di sturba n ces o f
5 ac res or more b e regul ate d as an indu s tri a l acti vity and cover ed by a n NPDE S pe rmit.
In Dece mber 1999 the USEPA pu bli she d fin a l Phase JI N P D E S regul a ii o n s th at
es ta bli s hed a ppli cati on requirement s for s lo rm wa ter assoc ia ted v,rith co n s trn cti o n a c tivity
for so il di sturba nce s to be regulated as a n indu stri a l ac tivity and cov e re d by an NP D E S
p e rmit. These r egulation s became e ffe c tive Jul y I, 2002.
C on slruc lio n pe rmit s are required fo r oil and gas ac tiviti es that di sturb 5 or mo re a c re s
durin g th e life of th e proj ec t or a rc part of a lar ge r comm o n plan of developmen t.
C DPH E con sid e rs a comm on plan of o il a nd gas d evel opme nt to mean developm e nt o f
seve ral w e ll pad s and/or rela t ed infr as tructure in a conti gu o us area e ith e r durin g the sa me
time peri od or und e r a co ns is te nt plan fo r lo ng-te rm deve lo pme nt.
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NPRSWMP EnC<ma
1.2 Project Description and Background
The North Parachute Ranch (NPR) property includes approximately 27,000 acres that
was originally patented by Unocal for oil shale recovery. EnCana Oil & Gas (USA), Inc.
(EnCana) is the current owner and is actively engaged in developing the natural gas
resource. Currently there are 26 well pads planned to be constructed with associated
drilling operations occtUTing on these pads from the current date through the spring of
2005. Approximately 6 additional well pads will likely be constructed later in 2005 and
in 2006. The locations of the first 26 currently planned well pads are shown on Figure I.
The current drilling and development plan includes pad constmction, access road
improvement/construction, pit construction, installation of associated facilities, well
drilling, well completion, well testing, and pipeline construction. As drilling proceeds
and additional well pads, gas gathering and processing facilities arc installed this SWMP
will be modified to include these locations.
A complete set of site maps of currently planned fac.ilities that will be constructed in the
near-tenn (2004 and 2005) is provided in Appendix 13.
1.3 Project Owner and Operator
The property owner and operator is EnCana. Their address is:
EnCana Oil & Gas (USA), Inc.
370 17th Street, Suite 1700
Denver, Colorado 80202
Ph (303) 260-5000
Fax (720) 876-6030
The EnCana contact person for the project is Brant Gimmeson. Mr. Ginuneson can be
contacted by phone at (720) 876-5030 or on cell phone at (303) 819-7323. EnCana will
be in charge of all aspects of the property and this project. Contractor(s) will do the
actual construction and drilling but all work will be supervised by EnCana and all
decisions will be made by EnCana.
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NPR SWMI' EnCana
2.0 CONSTRUCTION SITE DESCRIPTION
2.1 Site Location and Construction Area Description
EnCana acquired the NPR property through acquisition of Tom Brown Inc. (TBJ) in
2004. There are currently 26 well pads that have been conslructcd or will be constructed
within the next 6 months within the NPR, located north of Parachute, Colorado (see
Figure J ). The 26 well pads along with their major activities and estimated dates of
major work phases are listed in Table J.
Well pads will be constructed using conventional cut and fill earthmoving techniques and
new access roads will connect the well pads to existing roads. Typically, the working
pad surface will have dimension of approximately 200 feet by 400 feet. Each pad will
have a reserve pit that is approximately 60 feet by 250 feet. A typical well pad is shown
on Figure 2. Specific pad dimensions vary depending on the planned drill rig, number of
wells to be drilled from each pad, and local conditions. The drilling reserve pit will be
used during drilling hold drilling fluids and cu!lillgs. The reserve pits will be designed,
constructed, and reclaimed according to Colorado Oil and Gas Conservation Commission
(COGCC) requirements.
The drilling surface of the well pad will be graded at approximately I percent to drain
toward the reserve pit. This drainage pattern will help ensure that storm water runoff and
spilled liquids remain on the pad.
In areas that are disturbed by well pad construction, topsoil will be stripped and
stockpiled near the site. Topsoil stockpiles will be seeded as soon as practicable lo
preserve the topsoil resource. Soil materials will be managed so that erosion and
sediment transport are minimized. Nearby drainages will be protected by appropriate
measures. The well pad will be graded to drain the pad surface to the reserve pit and to
direct runoff from surrounding areas away from the well pad and reserve pit.
Drilling a natural gas we! I typically requires 5 to I 0 days with subsequent completion
taking an additional 5 to I 0 days. Testing of completed wells may take from 2 weeks lo
4 months. If acceptable production is achieved, the wells will be shut-in until gathering
lines and production facilities are constructed. The drilling pad will be graded to reduce
the pad stufacc area lo approximately I acre and to reduce cut and fill slopes to
approximately 2h:1 v (horizontal: vertical). Access roads will remain in place for well
operation and maintenance activities.
lf all wells on a pad are not productive, the wells will be plugged according to COGCC
rules and the pad area reclaimed to approximate pre-construction contours. Reclamation
and final stabilization will be conducted as described in Section 4. Note that the
proposed well pads contain from 4 to 8 wells aud it is considered unlikely that all wells
on a given pad will be non-productive.
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NPRSWMP EnCana
The Central Yard (Middle Fork Compressor Station) will ultimately be the site of ga~
processing, compression, and other support facilities_ The final configuration of the
Central Yard will include drainage features to divert run-on away from the site and to
collect and direct run-off to a storm water storage pond. A preliminary grading plan v..1th
construction phase storm water BMPs indicated is included in Appendix C.
2.2 Schedule of Construction Activities
Natural gas exploration and development activities are currently underway at the NPR.
Existing and currently planned well pads are included in this SWMP. Currently, soil at
the project area is frozen therefore, stonn waler BMPs will be installed as ground
conditions allow. For well pads that will be constructed next year, BMPs will be
installed prior to, during, and inunediately following construction as practicable.
Development of the natural gas resource and construction of necessary improvement on
this property will likely continue for the next 3 to 5 years. Recovery of natural gas from
these constructed facilities will most likely continue for the next 50 years, or more.
2.3 Runoff Charnctcristics
Runoff characteristics are based on site topography, soil type, and soil/vegetative cover.
Surface elevation ranges from approximately 6,000 to 8,500 feet. Surt:"lce soils range
from alluvial sandy silts and clays to exposed bedrock. Slopes range from I to over 100
percent. Currently proposed well pads are typically on alluvial valley floors to alluvial
fans. Soils at proposed well pads range from sandy silts to silty sands with gravel.
Proposed well pads are located on area~ that have slopes ranging from 5 to 45 percent.
Soil types at each proposed well pad are listed in Table 2.
2.4 Threatened and Endangered Species and Historic Places
EnCana has retained a wildlifr biologist to conduct surveys and make recommendations
regarding wildlife management on the property. EnCana has retained plant biologists to
conduct a wetlands survey, the wetlands identification mapping has been completed.
Currently no activities or work areas arc planned to be located within potential wetlands.
EnCana has retained <m archcologist to conduct a cultural resource inventory of the
properly.
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NPRSWMP EnCana
3.0 POTENTIAL POLLUTION SOURCES
Potential pollution sources associated with construction sites and natural gas development
include:
• Sediment resulting from erosion of soil stockpiles and other arefL~ cleared of
vegetation;
• Leakage of fuels and lubricants from equipment and spills from foeling;
• Trash and debris from clearing activities, construction materials, and workers;
• Drill cuttings and drilling fluids;
• Well completion fluids; and
• Produced water.
The most common source of pollution from drilling sites is sediment, which can be
carried away from the work site with storm water nmoff and impact the water quality of a
receiving stream. Clearing, grading, and otherwise altering previously undisturbed land
can increase the rate of soil erosion over pre-disturbance rates.
Petroleum products can also be potential storm water pollutants. These products are used
in construction and drilling activities to power or lubricate equipment and include: fuel,
gear oil, hydraulic oil, brake fluid, and grease.
Debris from laydown areas, residue from equipment cleaning and maintenance, and solid
waste generated from land clearing operations and lum1an activity (trees, brush, paper,
trash, etc.) present other potential pollution sources within the constrnction site. Other
materials on-site will include compressed gasses used in welding and chemicals used and
stored on-site for use in drilling and well completion.
Drill cuttings and drilling fluids are generated during well construction. These will be
placed in the reserve pit during drilling operations. Although a spill of these materials is
unlikely to occur, these fluids can be potential storm water pollutants.
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NPR SWMP EnCana
4.0 DESCRIPTION OF CONTROL MEASURES
4.1 Soil Erosion and Sediment Controls
The objective of erosion and sediment controls is to minimize the release of sediments to
stonn water nmoff. This can be accomplished thTough the use of structural and/or
nonstructural controls. This section describes erosion and sediment controls to be used at
active construction sites to minimize possible sediment impacts to stonn water nmoff.
The proposed erosion control foatures include:
• Placement of the topsoil stockpile at the upstream edge of well pads to divert run-
on;
• Installation of silt fence at or below the toe of fill slopes where located within 100
feet of surface water drainages or where steep slopes will likely result in rapid
drainage from the location to nearby drainages;
• Grading well pad surfaces to drain toward the reserve pit;
• Installation of check dams in areas of concentrated flow;
• Temporary seeding of well pads that will remain in the drilling configuration
through winter; and
• Permanent seeding of well pads where all wells have been drilled, completed,
production facilities installed, and the pad slopes have been regraded to the long-
term, production configuration.
The types and locations of structural BMPs for well pads listed in Table 2.1 are shown on
the well pad plats in Appendix C.
4.1.l Uphill topsoil stockpile/diversion bcm1
Jn order to di\'ert surface runoff from upgradient areas away from well pads, salvaged
topsoil will be placed on the uphill side of the well pad cut slope. The topsoil stockpile
will be placed and graded to form a diversion berm that will direct surface water away
from the well pad. A typical well pad layout is shown on l'igure 2.
4 .1.2 Downhill silt fence
Silt fence will be installed at the toe of well pad and other fill slopes located \Vithin 100
feet of a surface drainage. Silt fence may also be required in areas where steep slopes
below the site will likely result in fast flow of water from the location to nearby
drainages. A typical well pad layout is sho\\~l on l'igure 2. Typical silt fence installation
details are given in Appendix B.
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NPRSWMP EnCana
4.1.3 Well pacJ surface grndecJ to drain to reserve pit
In order to retain storm water on the well pacJ and to help contain incidental spills and
leaks, the well pad surface will be graded at l % to drain toward the reserve pit. A typical
well pad layout is shown on Figure 2.
4.1.4 Hay bale check dams
Hay bale check dams, at a minimum will be installed in areas of concentrated flow. A
typical installation location is shown on the typical well pad layout (Figure 2). Hay bale
check dams should also be installed at suitable locations along new access roads. Typical
hay bale check dam installation details are given in Appendix B.
There are several culverts with drop inlets near the East Fork access road. Due to
potential erosion from the road and nearby pipeline disturbance, these inlets should be
protected by hay bale strnctures. The hay bale inlet protection detail in given in
Appendix B.
4. l.5 Rock check dmns
Rock check dams will be installed in areas of concentrated llow. Rock check dams may
be used instead of hay bale check dams in areas where steep slopes, high flows, or long-
term exposure arc expected to result in failure or frequent maintenance of a hay bale
structure. Typical hay hale check dam installation details are given in Appendix 13.
4.1.6 Road drainage relief
Culverts, rolling dips or water bars may be used to provide drainage of water from road
surfaces as needed to drain low areas or lo reduce the amount of water flowing on the
road surface. Road drainage relief should be provided as needed and in accordance with
generally accepted practices. Guidance for road drainage relief is available in the
document "Low-Volume Roads Engineering, Best Management Practices Field Guide,"
developed by the U.S. Forest Service and available on-line at
h!Jr.//www.bl11i.g9y/bn1nlficld%?Qguidc.htrn. Depending on the location and type of
drainage relief installed, additional sediment control features may be needed such as
sediment removal at the inlet and erosion protection al the outlet.
4.1.7 Culvert inlet mid outlet protection
Installation of culverts may be needed in certain areas where access roads intersect
intermittent drainages. The culvert inlet area will include a sediment sump that is at least
4 feet by 4 feet by I .5 feet deep. The culvert outlet area will include an energy
dissipation feature. Acceptable energy dissipation will include rock lining or turf
reinforcement matting (TRM). Rock lining will be 2-to 4-inch diameter rock at least 6
inches deep and having plan dimensions of at least 4 feet wide by I 0 feet Jong.
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NPR SWMP EnCana
The area of rock lining should be prepared by removing 6-to 8-inchcs of soil. 111e
shallow excavation should be filled with rock and the rock secured in-place by bucket
tamping or wheel-rolling. The rock outlet should be installed to promote lateral
spreading of water as it flows across the rock.
4. 1.8 Soil Benns
Soil benns may be used to divert drainage away from areas of concern or to direct flow
toward sediment control stmctures. Where used, soil berms shall be constructed of soil
with suflicicnl fines lo minimize flow through the bem1. Benns shall be at least J 8-
inches tall and will be compacted in place by wheel rolling with suitable rubber tired,
heavy equipment.
4.1.9 Temporary seeding of pads in the drilling configuration
Well pads at the NPR generally contain from 4 to 8 wells. Given the estimated l year or
more between pad construction and stabilization grading and vegetation; temporary
seeding of cut and fill slopes and all disturbed areas that will not be used for work
activities should be seeded. This temporary seeding will not only help reduce erosion but
will help avert the colonization and spread of invasive and noxious weeds. Establishment
of vegetation on topsoil stockpiles is critical as this will help maintain viability of the
topsoil resource. Segregation of topsoil material and replacement of topsoil in its
respective original position (last out, first in) would assist in the reestablishment of soil
health and productivity.
The temporary seed mix should include ammal, cereal crop seeds such as oats or barley
and suitable grass species. Grass seed will be included in the seed mix to provide
sustainable vegetative cover in the event that a well pad remains in the drilling
configuration for longer than one year. The tcmpornry seed mix, rate, application
method, and supplemental materials will be detennined by the revegetation contractor.
4. L l 0 Permanent seeding of pads in the long-term production configuration
After drilling of all wells and installation of associated production facilities (storage
tanks, meters, pipelines, etc.) the well pads will be partially reclaimed to reduce the cut
and fill slopes. The well pad will remain in this configuration for the useful and
economic lifo of the gas wells, approximately 40 years. To best provide for long-term
vegetation of these well pads they should be vegetated through application of a
permanent seed mix. A list of suitable plant types is derived from infom1ation in the
NRCS soil surveys and is given in Table 3.
The pennancnt seed mix, rate, application method, and supplemental materials will be
selected by the revcgetation contractor.
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NPRSWMP EnCana
4.1. l I Seeding of other disturbed areas
Other project areas disturbed by construction of roads and facility areas will be
revegetated as soon as practicable following construction. Areas that will be revegetated
will primarily be cut and fill slopes associated grading activities. The permanent mix,
rate, application method, and supplemental materials will be selected by the rcvegetation
contractor. It is anticipated that this will include suitable grass species supplemented by
cereal crops.
4.2 Stonn Water Management Controls
Site-specific structural BMPs for existing and planned well pads listed in Table 2.1 arc
indicated on plat maps included in Appendix C. As development of the property
progresses additional well pads, access roads, and facilities areas will be planned and
constructed. This SWMP will be revised as needed to address new disturbances.
Depending on the type and location of new facilities there may be a need for inclusion of
new and different BMPs. In general, new development should be planned with
consideration for stmm water quality (e.g. minimize disturbed area and maximize
distance from surface water drainages, as practicable).
Other developments on the property, primarily existing and/or improved roads, not
currently or specifically addressed in the SWMP will be periodically checked for erosion
and drainage problems. This is especially important for access roads located within 100
feet of surface drainages or creeks. If problems are noted, they should be reported to the
Site Manager and/or SWMP administrator. Problem areas may be addressed through
road maintenance activities, but will likely need to be addressed through BMPs which
will be added to the plan as needed.
4.3 Other Controls
4.3.1 Waste management and disposal
Well pad construction and drilling will generate various other wa.~tes during the course of
constmction. Other wastes may include the following:
• Trees and shrubs from clearing operations,
• Trash and debris from construction materials and workers,
• Ori ll cu lti ngs,
• Drilling fluids, and
• Sanitary sewage.
Each of these wastes will he managed so as lo not contribute to storm water pollution.
Trees and shrubs will be piled along the toe of well pad fill slopes to provide additional
sediment control. Construction trash and debris will be collected in containers and
hauled off-site for disposal in suitable landfills. Sanitary waste will be containerized in
portable toilets or other storage tanks with waste materials regularly pumped and
transported off-site for disposal at approved facilities. All drilling fluids will be
9
NPRSWMP EnCana
circulated within tanks or placed within the reserve pit. A minimum of two feet of
freeboard will be maintained at the reserve pit at all times to minimize the potential for
overflowing. Prior to pit closure all non-exempt materials and liquids which have been
placed in the pit may be hauled to the next well site to be drilled or will be allowed to dry
before backfilling the pit. Alternatively, pit fluids may also be removed and disposed of
at a certified disposal facility.
4.3.2 Fuels and materials management
Petroleum Products
Petroleum products which may he present at the construction/drilling sites include:
gasoline, diesel fuel, lubricant oils, hydraulic oils, used oils, and solvents. Gasoline and
diesel fuel will be stored in portable storage tanks with secondary containment.
Lubricant, hydraulic, mid miscellaneous oils mid solvents will be stored in 55-gallon or
smaller containers.
Pollutm1ts from petroleum products used during construction and drilling activities adhere
easily lo soil particles and other surfaces. Jn case ofa spill or leak, soils contaminated
with petroleum products will be contained and removed lo a proper disposal site.
Proposed soil erosion and sediment control practices will aid in retention of spills or
leaks. Use of secondary containment and drip pans will reduce the likelihood of spills or
leaks contacting the ground. Proposed maintenance and safe storage practices will
reduce the chance of petroleum products contaminating the drilling site. Oily wastes
such as crankca'e oil, cans, rags, and paper containing oils will be placed in proper
receptacles and disposed of or recycled. An additional source of petroleum
contamination is leaks from equipment and vehicles. Routine daily inspections will be
conducted to identify leaks and initiate corrective actions, if needed.
The following guidelines for storing petroleum products will be used.
• All product containers will be clear!)' labeled.
• Drums will be kept off the ground within secondary containment and stored under
cover i r needed.
• Fuel tanks will be stored within secondary containment.
• Lids of drummed materials will be securely fastened.
• Emergency spill response procedures will be available on-site. Persons trained in
handling spills will be on call at all times.
• Spill clemi up and containment materials (absorbent, shovels, etc.) will be easily
accessible. Spills will be immediately cleaned up and contaminated materials will
be properly stored on site until they can he disposed of in accordance with
applicable regulations.
• Storage areas and containers will be regularly monitored for leaks and repaired or
replaced as necessary. Workers should be reminded about proper stonige and
handling of materials during weekly subcontractor or safety meetings
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NPR SWMP EnCana
Other Chemicals Products Managemen\
Additional materials will be used and stored on site for use in well drilling, construction,
and completion. These materials will be stored appropriately and managed lo minimize
spills and leaks. Storage areas will be regularly inspected and any minor spills or leaks
wi!! be cleaned up immediately.
Materials Management
The drilling contractor will maintain a laydown or staging area for equipment and
materials storage at each site. 'These areas will be maintained with good housekeeping
and will be inspected on a regular basis for spills, leaks, and potential contamination.
Excavations at the well pads not needed for completion and production operations will be
filled immediately upon release of the drilling rig from the location.
4 .3 .3 Construction Site Housekeeping
Well pad housekeeping will consist of neat and orderly storage of materials and
containerized fluids. Wastes will be temporarily stored in sealed containers and regularly
collected and disposed of at off-site, suitable facilities. If spills occur prompt cleanup is
required to minimize any commingling of waste materials with storm water runoff.
Routine maintenance will be limited to fueling and lubrication of equipment. Drip pans
will be used during routine fueling and maintenance to contain spills or leaks. Any waste
product from maintenance will be containerized and transported off site for disposal or
recycling. There will be no major equipment overhauls conducted on site. Equipment
will be tr:msported off site for major overhauls.
Temporary and penrnment roads will be installed and stabilized to minimize the transport
of sediment from the road surface by mobile equipment.
Cleanup of trash and discarded materials will be conducted at the end of each work day.
Cleanup will consist of patrolling the well pads, access areas, arid other work areas to
pickup trash, scrap steel, other discarded materials, and any contaminated soil. These
materials will be disposed of appropriately.
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NPRSWMP EnCana
5.0 INSPECTION AND MJ\JNTENANCE PROCEDURES
To meet requirements of the General Pem1it inspection mid maintenance of erosion and
sediment controls must occur during the project. Continued inspection and maintenance
is required for specific structures after construction is completed. The inspection
program will include the following:
J. A qualified person familiar with the SWMP and control measures will conduct the
inspections.
2. Jnspections will cover these area of the construction site:
• Disturbed areas without slabili?.ation,
• Material storage areas,
• Check dams,
• Silt fence,
• Surface water diversions,
• Downgradient areas,
• New access roads, and
• Locations where vehicles enter or exit the site.
3. Inspections will occur at lea~t once every J 4 calendar days and within 24 hours of
a precipitation or snow melt event that causes erosion.
4. Pennanently stabilized areas will be inspected at least once per month.
5. A log of inspections will be kept.
6. Water quality will be assessed for all receiving streams and discharge areas during
each inspection.
7. Disturbed areas and material storage areas that are exposed to precipitation will be
inspected for evidence of pollutant.> entering nearby drainages.
8. Check dams, silt fences, and other I3MPs will be inspected for evidence of
deterioration, under-cutting, and build up of sediment. Sediment will be removed
when it has built up one-third to one-half the height of the hay bales or silt fence.
9. Roads used for vehicle access will be inspected for evidence of on:site sediment
transport.
I 0. Following each inspection, the SWMP will be modified as necessary to include
additional controls designed to correct identified problems. l~evisions to the
SWMP will be made within 7 days of the inspection.
I J. An inspection report summarizing the scope of the inspection, the name of the
person conducting the inspection, date of inspection, and observations relating lo
the implementation will be prepared. Inspection rcporl' will be retained for al
least 3 years from the date that the site is finally stabilized.
12. Actions taken to modify any stonn water control measure will be recorded mid
maintained with the SWMP.
13. If no deficiencies arc found during the inspection, the repor1 will contain
certification that the site is in compliance with the SWMP. Signatures will be in
accordance with the General Permit Conditions, Part E. J (Appendix A).
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NPRSWMP EnCana
Maintenance will include prompt repairs and/or adjustments to any erosion m1u sediment
control structures that are deteriorating or found to be performing inadequately. Repairs
should be made as soon as possible and prior to the next anticipated stom1 event. EnCana
or designated contrac!or(s) will maintain, on-site all materials necessary to make any
reasonably expected repairs such as silt fence, hay bales, and stakes.
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NPRSWMP EnCana
6.0 NON-STORM WATER DISCHARGES
No non-storm water discharges arc anticipated from the project. Possible exceptions
include fire prevention/suppression or dust control activities.
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NPR SWMP EnCana
7.0 CERTIFJCATIONS
7.1 Owner/Applicant Certification
l certify under penally of law that this document and all attachments were prepared under
my direction or supervision in accordance \-Vi th a syste111 designed to assure that qualifl!.!d
personnel properly gather and evaluate ihe information submitted. Based on my inquiry
of the person or persons who manage the system, or those persons directly responsible for
gathering the infomiation, that the information submitted is, to tl1e best of my knowledge
llild belief, trne, accurate, and complete. I am aware tl1at there arc significant penalties
for submitting false inf mation, includin the possibility of fine and imprisonment for
knowing violations ---(}
Signature: ,..-..-::'.llffi~ '/V!.!?A11,/'/J.L)'Yj
Title:
13.cCLXLL G 1111 Vl'i "" s o 11 c:: }Ijj_S fiolv1.SoY' £',iCcn"C<. (f),J I-·u:r5
Name:
Date: 3-3-2665 ------
Owner Name: EnCana Oil & Gas (USA), Inc.
Owner Address: 370 J 7'" Street, Suite 1700
Denver, CO 80202
Site Name and Location: North Parachute Ranch
I 0652 County Road 215
Parachute, CO 81635
SWMP Prepared by: Cordillcran Compliance Services, lnc.
826 21 Y, Road
Grand .lw1ction, CO 81505
7.2 Contractor/Subcontractor Certification
All contractors and subcontractors that will perform construction activities that could
impact storm w;itcr will be familiar with the SWMP imd will sign the following
certification.
15
NPRSWMP EnCana
Contractor Certification
I certify under penalty of law that I understand the tenns and conditions of the EnCana
NPR SWMP and associated COPS General Permit that authorizes stom1 water discharges
associated with industrial activity from the construction sites identified as part of this
certification.
Signature:
Name:
Title:
Date:
Representing:
Company:
Address:
Address:
Phone:
Work to be Conducted:
Activity I:
Activity 2:
Activity 3:
Activity 4:
16
NPR SWMP EnCana
UST OF SWMP REVISION DATES
Date Desc1i pt ion
12/8/2004 Draft SWMP Issued
! 2/23/2004 SWMP Issued
2/14/2005 Revised tcxl; included errata sheet; added locations A 15, i\28, A28B,
C29, J22, E27, EJ6, E25, 130, K23, N23, & 023; revised sediment
controls for various locations; included Pem1it No. COR-037689 as
Appendix A
3/08/2005 Revised text & added Central Yard (Middle Fork Compressor Station),
hard copies sent.
17
Line List
Parcel Surface Ownership Mineral Ownership
213527300015 EnCana Oil & Gas (USA) Inc. EnCana Oil & Gas (USA) Inc.
2717 CR215, Snite 100 2717 CR 215, Suite 100
Parachute, CO 81635 Parachute, CO 81635
191529400002 Gerald & Stephanie D. Oldland Bureau of Land Management
14667 Rio Blanco CR 5 73544 Hwy64
Rifle, CO 81650 Meeker, CO 81648
191506400952 Bureau of Land Management Bureau of Land Management
73544 Hwy64 73544Hwy64
Meeker, CO 81648 Meeker, CO 81648
111111111111 1111111111111111111111111111111111111111111
655347 07/02/2004 02:58P Bl602 P256 M RLSOORF
1 of 86 R 496.00 0 2644.50 G~RFIELO COUNTY CO
AFTER RECORDING, RETURN TO:
EnCana Oil & Gas (USA) Inc.
950 It" Street, Suite 2600
Denver, Colorado 80202
A!tention: Diane Blieszner, Esq.
SPECIAL W AHRANTYDEED
UNION OIL COMPANY OF CALIFORNIA, a corporation duly organized and existing
under and by virtue of the Jaws of the State of California ("Grantor"), whose legal address is 376
South Valencia Avenue, Brea, California 92823, for the consideration of Ten and 00/l 00111 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, in hand paid, hereby sells and conveys to TOM BROWN, INC., a corporation duly
organized and existing under and by virtue of the laws of the State of Delaware ("Grantee"), whose
legal address is 555 J 7'" Street, Suite I 850, Denver, Colorado 80202, all the real prnperty, together
with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado,
to wit:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE,
with all its appurtenances (the "Real Estate"), and warrants the title to the same against all persons
claiming under Grantor, subject to taxes for the current year, whid1 constitute a lien not yet due or
payable, and subject to all matters listed on attached Exhibit B. The preceding warranty is intended
bv Grantor to be made to Grantee only and is not intended to benefit any future owner or
encumbrancer of the property and shall not run with the land.
RESERVATIONS
Grantor and Grantee agree and intend that this instrument shall convey to Grantee all oil, gas
and other minerals in and under the Real Estate subject to the following reservations and exceptions.
Grantor excepts herefrom such valid mineral interests in the Real Estate (including, without
limitation, any mineral estate ownership, oil, gas or mineral lease, royalty, overriding royalty,
executive right, production payment, net profits interest or other mineral interest of any kind
whatsoever) owned by or in favor of third parties (i) which were recorded prior to the execution date
hereof in the appropriate public records of the County or Counties in which all or a portion of the
Real Estate are located or (ii) of which Grantee had actual knowledge prior to the execution hereof.
Grantee agrees that the mineral interests herein conveyed by GrantoL if any, shall be subject to and
shall not include the foregoing described previously existing mineral interests.
o:ls\Jevpro\tbrown\swdeedi04 1704\,\-1A P
1111111111111111111111111111111111111111111111111111111
655347 07/02/2004 02:58P 81602 P2S7 M ~LSDORF
2 of 86 R 496.00 D 2644.50 G~RF!ELD COUNTY CO
There is further hereby reserved and excepted unto Grantor, its successors and assigns and
not conveyed herein a two percent (2%) gross royalty in all oil and gas produced from or attributable
to the Real Estate conveyed herein which is produced, mined or otherwise extracted from shale
("Shale Oil") within the Green River Formation from the surface to a depth that is stratigraphically
equivalent to the "Orange Marker" within the Garden Gulch member of the Green River Formation.,
such depth being the stratigraphic equivalent to a depth of2 l 05' in the Skelly Oil Company# I Dry
Fork Unit well, SWl/4 NWl/4 SEl/4 of Section 25, To1Nnship4 South, Range 97 West of the 6'h
P.M., Garfield County, Colorado. For the avoidance of doubt, the :foregoing royalty reserved herein
unto Grantor shall entitle Grantor to a cost free share equal to two percent of8/8ths of all Shale Oil
in addition to any previously existing mineral interests or burdens excepted above and is not
dependent on the existence (or nonexistence) of any mineral lease covering all or any portion of the
Real Estate. Granter may, at its option and in its sole discretion, elect from time to time to take its
royalty share in kind upon giving Grantee at least ninety days prior written notice of such intent.
IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto
subscribed by its attorney-in-fact on this jJ_ day of June, 2004.
ST A TE OF COLORADO )
) SS.
CITY AND COUNTY OF DENVER )
UNION OIL COMPANY OF CALIFORNIA,
a California corporation
Acknowledged before me this J_i_ day of June, 2004 by Brian J. Kelly, Attorney-in-Fact for
Union Oi . of California, a California corporation.
,.. S. HF ·-" c~s, .... o•o-~:~:~' • . ~\WJIJ)es,) m)'Jnl ~-and ollkml seal. J.:. .. ~ >--) .
r ~:" \Q, '!
[S'. Ali) ;-('
0 .... / .• 0 ~ ,·
(fl 0
<l ,,,... __ }O 1:i "' °""' . . v 0 " )-{ "'1 °,,,0\J 6 l-\ ~""' ~v
"oooo"'" (').l 1{I . ,,-
o: ls\dcvpro\tbrown\swdeed\04 1704\MAP
Notary Pub! ic
2
JAN 04,2007 15:56 Oldland Brothers, Inc
ENC ANA.,
__--(____
EnCana Oil & Gas (USA} Inc.
January 3, 2007
Rueben Gerald and Stephanie D. Oldland
14667 County Road 5
Rifie, Colorado 81650
Re: Proposed 12" Pipeline
970 878 5745
'' 1:·\: .. 1:: .. 1
. ''I :..: : :
Secliun 33, Township 4 South, Range 96 West
Garfield County, Colorado
Dear Jerry and Stephanie:
EnCana Oil & Gas (USA) is filing a request for a Special Use Permit from Garfield
County to construct a 12 inch pipeli11c 11cross Sections 33 anu 34, Townsl1ip 4 South,
Range 96 West, and Sections 3, 4, 5 and 6, Township 5 South, Range 96 West.
Approximotely 94 l feet of this pipdinc cross the southernmost poition of your surface in
the west halfofSection 33. Township 4 South, Range 96 West.
i\t this time Garfield County has requested that EnCana Oil & Gus (USA) Inc. send a
Jetter confirming that EnCana hus entered into negotiations with yuu lu secure the right or
way across your lands.
lfit is agreeable with you, please sign below, verilying that EnCana Oil & Gas has
entered into these negotiations with you and that you hove no o bjcctio11 lo the installation
of the pipeline. 1 have enclosed a self addressed stamped envelope for your convenience.
Please feel free to call if you should have questions or rcquir~ additional infonnatio11 in
this regard. Thank you for your con•iderat ion.
Very trt~y yours,
. . I I
i~,, ; \ . ' i '. ·1 i '\ ..
i i.... \. -.,~ ',, \. ~ \ l-'
Kirsten E. Orahood, CPL
Land Negotiator
Acknowledgement:
We. the undersigned, have entered into negotiations for lhe right of way with EnCana Oil
& G (US/\) fnc. and have no objections to the installation of the pipeline.
[fl/IA-t _ tfl&P_c_~_tQ _,Jhph!J.l\M--1 Vi trl W 0J
Oldland .. Stephanie Oldland
~ , ; < _ I ' ,_ :,. ' .' ' ' .,,_.,_' ',._,, '.'!.:.:11,;i.. ····11;
Page 1
·n
)
0
0
\!ASTER SLRFACE USE AGREEME:'\T
His !vlASTER Sl;RFACE USE AGREEMENT ("Agreement") is entercJ illtu
this '/.•-c1ay of February, 2005 (the ''Effoctive Dale") between the Reuben G. Oldland
and SLcpllanie -D. CJ!dli:tnd, liusbi:uHJ and \Vilt, [va C:Ju·istinc t!phoff and ·ri1nothy Jan1c:s
Uphotl wile and husband, Gerald A. Olclland, O!dland Bwthers, Inc., and Oiclland and
Uphon; a partnership, all of ]cr667 R8C 5, Rifle, Colorado 81650 ("Owner"), and EnCm1a
Oil ~~ Gas (USA) Inc. ("EnCana"), a Debwarc Corro1Aion whose adures·o is 370 17'"
Street, Suite 1700, Denver, C.'o!orado 80202.
RECITALS
.A. ()\vncr O\VllS the surface-of1he real properly in IZio 13l:inc:o C'ounty and (j3rficld County,
Colorado described in the attached and incorporated Exhibit,\ (the "Subject Lands").
B. EnC'ana or an affiliatt: has certain rights to drill oil and gas \ve!Js and intends to drill such
\Yells and build related inCrastructure and facilities on the Subjccl _Lands.
c:. O\vncr and .EnCana \vish to enter into an agrcc111ent concerning the payn1ent of rentals
and da1nagcs to O\\'ner in connection \Vith the dritling, construction, cornpletion, rc-
con1pletion, rc\vorking, reentry, production, maintenance, access, and operation of the
\vcll:-:; and all pipeline:;;, ~1BU uther fr1cilities or property of EnCana or its affi1iatcs
associated \Yith the \Vells and located on the Subject lands or \vith \Veils located on lands
o\vned by other parties, 1,vhich lands are accessed via the Subject Lands.
cf!-IERE.FORE., ln consideration of the n1utual covenants provided in this i\greernent, and
F.nC\ina's agreen1ent to pay the rent<:ils and da111ages di:-scribed i11 this .l\grcc1ncnL the parties
agree as f01lo\vs:
!. WELLS AND WELL PADS.
'·\Vcll" shall n1ean a \Veil nnd tht: accon1panying \1tcl!bore (either vertic;illy or
directionally drilled from a "Well Pad") for lhc production of oil and gas and ail
associ;ited casing and '.vellhcad cquip1nenL
"\Vcll Pad" shall n1can a physical drill site and production localion \vhlc.h n1ay contain
one or rnore \Velis .. A \Vcll Pad shall include, but not be lin1ited to, proUuction equiun1e11t
such as flo\vlines, gas pipelines, pun1ps, healer treal~r;.;, separator::>, t~u1k lJatltrit:s, rnctcr
houses 3nc\ other facilities necessary or con\'cnicnt for testing, completing or producing
oil or gas fron1 the \\?ells.
o WELLPADS.
a. Da111age A1119JJ_'l!. Prior to the con1mencen1er~tion of.any \Vell Pad on
the Subject Lands, EnCana shall pay Owne1-'Damage Amount") per
Well Pad. Well Pads shall be no greater than two (2) acres in size after the initial
n.:-sluratluu fullu\ving drillillg and cornpletion activities (1,vhich initial restoration
shall be completed not more than one year from completion of the Wcll(s) for
production), unless EnCana elects to increase the size of a Vlell Pad and n1akes
payn1ent as provided in subsection 2(b). ff EnCana constn1cts .a \Vt'.11 Pa<l on tbc
Sub1ect LJnds that distui-bs an area greater than l\VO (2) acres in size during the
initial drilling and con1pletion activities,, EnCana shall pay O\Vner, \Vithin thirtv
(30) days after con1plction of construction of the \Veil Pad, an additio1uil-
pcr acre, prorated for less than a full acre, for such disturbed area in excess o
t\\'O (2) acres; if <tpplicab_le, such :icklitinn;d pay1nenf being included as pd.rt of the
Dainagc 1\111ount.
b. Extension !>avrnent. I(, at any tin1c follo\ving the initial construction of a \Vcll
Pad located on the Subject Lands and after the initial restoration follo\ving
drilling and con1p!ction activiiies, EnC:ana elects to increase the size or a \Veil
Pad to gre:iter than l\V~ EnCana shall pay O\vncr, prior to such
extension, an additional ~r additional acre, prorated for less than a
full acre ("Extension Payment"). An extended Well Pad shall not exceed six and
one-half (6_5) acres in size anJ sh~ll be n1e3sured frorn the ed!!,CS nf the ciist11rhcd
lands, \Vhich rnay be larger than the flat surface of the \Vell P<Jd in question.
c. Additional Pavments (M_orc than Five (5) Wells). Well Pads may accommodate
as many Wells as is practicable; however, Owner shall be compensated a one-
time payment ot..-..&,er Well for each additional Well m excess of five ('.i)
Wells drilled on ~ad located on the Subject Lands.
d. Consideration. rrhc Extension Payn1ent and such one-time pay1ncnt for each
Well drilled in excess of five (5) Wells on a Well Pad, if any, shall be paid to
0\vncr prior to construction or extension ot~ a \Vc11 Pad. 'fhc Dan1age An1ounts
and Extension Payments shall constitute payment in fu II by EnCana nnd its
affiliates for all nonnal dan1ages to the acreage disturbed by the constTuction or
extension of \Vell Pads and the drilling, con1plction, re-con1pletion, re\vorking,
re-entry, production, installation, operation and n1aintenance of the \Yells, but
such an1ounts shall not be coni_pensation fr.ir <lan1agcs associated \vith Livestock,
Ciro\ving Crops or olher clarnuges ror \Vhivh pay1ueul is spct_;ifically provided in
this Agrcc1ncnt.
e. Lin1itstions. EnCana agrees tu construct no n1orc than one (1) \Vell Pad per
quarter-quarter section (40-acres, n1ore or less) on the Subject Lands unless it
receives prior \Vri\tcn consent fron1 0\vner, \Vhich consent n1ay be conditioned or
denied in Ovvner's sole discretion.
3. ROADRIGHT-OF-WAY
<L Existing Roads. 0\vner grants to EnC)ina a non-exclusive access right-of-\vay
across the Subject Lands :.1long the existing roads that are marked and identified
on the attached Exhibit B ("Road Right-or Way") for ingress and egress to
EnCana operated Wells and Well Pads located both on the Subject Lands and
outside the Subject Lands. The Road Right-of-Way shall be approximately thi1ty
(30) feet in width, being fifteen (15) feet 011 each si~of the centerline of the
existing roads. The total distance of the existing roads1 and resulting Road Right-
of-Way is approximately 122,830 feet (7444 rods). As consideration for the
grant or Lhe RoaU Ri_ghl-o1'-\V<1y covering the existing roads, EnCana shall pay
2
~ate._,·od, which the parties agree equals
-\Vhich has already been paid lo 0\vner prior to the
execution of this 1\gree111ent. fn special situations, such as safety hazards_, if
approved by lJ\vner, En(_::ana n1ay construct tu111otns and passing lanes that are in
excess of the thirty (30) foot wide width am! EnCana shall compensate O\'f1Cr
-roratc_d for less_ than a full acr~) fOr each such inc1~aSC ·1S,hc
~ght-of-\\lay1 prior to construction.
b. Ne\V Roads. 0\\'ner grants to EnCana a non-exclusive access right-of-\vay across
the Subject L2nds to construct ne\v roads. Such ne\v roads 111ay only be
constructed after receipt of ()\vner's consent follo\Ving notice by EnCana of the
proposed route. The new roads shall comply with the width restriction set forth in
subsection 3(a) and shall be considered a part of the Kernel K1ght-ol~Way. 1f
O\vner grnnts EnC:an~a 1 · -· to construct ne\v roads, EnCana shall pay
0\V!lCT a onc-tin1c fee rod prior to construction . .{\ny !and adjacent
to a newly constructed or exrs mg road that is disturbed by EnCana shall be
pro111ptly res.ceded and reston.'d, in ~iccordance \vith Section 9, upon con1plction
of the construction activities.
c. One-Time \Veil Pad Access Payment. Following the Effective Date, EnCana
shall pay 0\\11cr a on, for each Well Pad that is
constructed anc~ acces~ 1 oa 1g t-o -ay but not located on the
Subject Lands, which payment shall be made prior to construction of any such
Well Pad.
d. Annual \Vell Prid Access Pavrnent. On the first Payment Oate (as defined in
Section 31) after execution of this Agrcc1ncnt, and on each Payn1ent Date
thereafter until final reclamation of the Well Pad s is completed in accordance
with Section 9, EnCana shall pay reach Well Pad, located on
or outside the Subject Lands, accessed via the Road Right-oJ~Way ("Annual Well
Pad Access Payment"). The number of Well Pads accessed per year shall be
calculated based on the number of Well Pads existing on the Previous Payment
f)ale {as defined in SL'clion 3 l) plus the nun1ber of additional \Yell Pads
constructed bct\VCcn the Previous Payment Date and the Cun·ent Payn1ent Date
(as defined in Section 31). Prior to its final reclan1ation, any \\lell Pad that has
been accessed at any time via the Road Right-of-Way shall be included in
<letcm1ining the an1ount of the Annual \Vell Pad f\ccess Payinent,
not\vithstanding that such \.Vell Pad is no tonger accessed via the Road Right-of-
Way. The Annual Well Pad Access Payment shall be subject to the following:
Pad 1\ccess Payn1cnt exceed
Adjustment set forth in Section 32.
subject to lhc Inflation
11. Annual Access Payment Reduction. If EnCana has not constructed any
new Well Pad(s) or drilled any new Wells from an existing Well Pad on
the Subject Lands, or on lands accessed via the Subject Lands, during
any three (3) contiguous year period following the tenth anniversary of
this Agreement, the Atmual Well Pad Access Payment shall be reduced
by fifty percent (50%), which shall hereafter be known as an "Annual
Access Payu1t:nl Reduction."
3
ui. Post-.Annual l\Cccss Pavn1ent Reduction \Vell .Pad Construction. The
1\nnual \Yell Pad Access ,Payn1cnt shall rclurn to one hundred percent
(100o/O) if EnCana 'constructs <Jny nc\v \.Vcll Pads or drills a ne\v \Veil
fron1 an existing \Veil Pad, on the ~ubject Lands, or on 1ands accessed
via the Subject Lan<l:3 in nny yeari after the 1\nnual 1\ccess Poyn1ent
Reduction has occurred. Subsequently', if EnCana has not constructed
any ne\V V{ell P2ds or a l1C\\. \Veil fron1 an existing \Vc!l Pad on thr..:
Subject Lands, or on lands accessed via the Subject Lands, during any
contiguous three-year (3) period, 1\nnual Acct:.ss Payments n1ay again be
reduced pursuant to subsection 3(d)(ii}. Annual Access Payment
Reductions and increases n1ay be ongoing thereafter, in such a n1anner,
until tern1ination of this /\green1ent.
1v. ~on11I!f.!ci.i:J.l Ilunlinc: Suspension. EnCnna 1nay give O\vncr \Vrittcn
notice prior to iv1arch 1 of any year prior to the termination of this
i\green1cnt to temport1rily suspend c-on1mercial hunting oper::i.tions during
the subscqucn[ big garne hunting season for the portion of the Subject
Lands, and lands adjacent thereto that arc leased by Owner, located
within the original Unit Area for the Double Willow federal exploratory
unit, in which case Owner shall not conduct commercial hunting during
such periods and shall lin1it recreational hunting to 0\.\11cr's nunily and
guests. On the Payment Date following such notice, the Annual Well Pad
Acce.ss Pay1nent shall be-regardless of the nu1nbcr of\.Vc1ls
constructed or accessed.
e. Limited Use. Subject to Owner's nght to use the Road Right-of-Way at any time
for any purpose, the Road Right-of-Way is solely for use by EnCana employees
and contractors for the sole purpose of surveying, pem1itting, exploration,
development and production of natural gas on the Subject Lands and other lands
accessed via the Road Right-of-Way. 'l"Jus .1\grccn1ent in no \Vay conveys rights
of access to individuals or parties for any other purpose \Vhatsoever.
4. PJPEUNE RIGHT-OF-WAY.
<J. Pipeline Right-of-\Vav. O\vner grants to EnCana a non¥cxclusivc pipeline right-
of-\vay across the Subject Lands to construct. lay, maintain, operate, or alter one
or 1nore pipelines, including valves, regulators, meters, separators, purification
equipment, and fittings ("Pipeline Right-of-Way"). The Pipeline Right-ol~Way
shall be fitieen (15) feet in width and shall include pipelines within both the
"Roadside Pipeline Routes" and "Extended Pipeline Routes" as defined in
subsection 4(L).
b. Pipeline Provisions. To the extent possible, the pipeline routes shall run parallel
to the Road Right-of-Way and the actual pipelines shall be built outside of the
thirty (30) foot width of the Road Right-of-Way, but not more than thirty (30)
ket beyond the centerline of the road Right-ol~Way on either side of the road
Right-of-Way (a "Roadside Pipeline Route"). The approximate pipeline route
must be approved by Owner prior to constrnction. EnCana may install up to five
(5) separate pipelines in the Pipeline Right-of-Way. Notwithstanding the
fOregoing, due to topographical or other surface constraints, the pipelines 111ay be
4
constructed \Vithin and underlying the Road Right-of-\Vay \vith the approval of
Owner. EnCana shall bury the pipeline(s) with a minimum of thirty-six (36)
inches of soil fron1 the top of the pipeline(s) to the non11al snrfacc of the ground.
EnCana n1;1y also select pipeline rou-s the Subject L~1nJs in areas outside
the Roadside Pipeline Route (an "~d Pipeline Route") upon Owner's
appro-..'al prior to construction of the pipeline. An Extended l'ipe!ine Route sha!!
be no more than litteen ( 15) feet wide. During the period of pipeline
cohstruction, EnC'an~1 shall h<1vc the right to tt·n1p0Tarily use an additional stTip of
land tlf\y (50) ket wide adpcent to a Roadside Pipeline Route and Extended
Pipeline Route, unless L11Cana's activities \Vill interfere \vith i1Tigaiion ditches,
strean1s, creeks, or O\vner's activities or in1prove1nents.
c. Tcn1porarv· Surface Lines. Ent:ana shall also have ihc nght to install tcn1porary
pipe! ine(s) on the surface of the Subject Lands and within a Pipeline Right-or
\Vay, provided that each such tcn1porary surl'occ pipeline is_ rcn1ovcd andfor
buried within three (3) years after the date of its installation. Notwithstanding the
foregoing; any surface pipeline on the Subject lands \Vi thin the \Vest Fork of
Parachute Creek or its drainages n1ust be approved by 0\Yner, \Vhich approvzil
n1ay be conditioned or \vithhe]d in o,vner's sole discretion. i\ny ten1porary
surface pipeline shall be buried any,vhere it crosses a road or arable field,
including seldom used t.\vo-track roads that are identified by O\vner prior to
construction. ff any ten1poraty surface pipeline is not buried or rcn1ovcd \Vithin
~ears from the date of its final installation, EnCana shall pay Owner
~per d~y per pipeline,_ unl~l lhe pipeline(s_) is buried or ren10:,.cd, \.vhi_ch
tee will not begm to accrue until thirty (30) days alter Owner has provided notice
to EnCana to bury or ren1ove such pipe!ine(s).
d. Resioration. Within six (6) months after the completion of the installation of a
pipeline, or any other disturbance to the surface of a Pipeline Right-of-Way, the
surface of the land disturbed by such installation or other disturbance shall be re-
contoured, re-vegetated, reseeded and restored as closely as practicable to its
prior condition, all at EnCana 's sole cost, risk and expense.
c. Cgnsideration.
1. For Roadside Pipeline Routes.
1. 1\long Existing_,Ro_ads. 1\s consideration for the Pipeline Right-
of-Way along each Roadside Pipeline Route along an existing
road as described in subsection 3(a), EnCllla shall pay Owner,
prior to construction of the first pipeline in such right-of-\vay, a
payment of-, irrespective of whether such pipeline
is permanen~.
2. Newly Consh~uctcd Roads. Consideration for a Pipeline Right-
of-Way along a ne\vly constructed road as described in
subsection 3(b) per rod paid for
the Road Right-o -Way, and no additional consideration shall be
paid.
s
11. fQLExtcn~led Pipeline Routes. i\S consideration for the Pipeline Right-
of-Way along each Extended Pipeline Route, EnCana shall pay Owner,
prior to construction of the first pipeline in such Right-of-\Vay, a one-
time payn1ent of-per rod, regardless of \vhether such pipeline is
pennanent or ten1porary.
111. For Lines Insta!l~d rviore 1'hnn_Fivc '{ears After Initial Installation. 'l'hc
consideration in snbsection 4(d)(i) and (ii) .;;hall include all pipelines
mstallcd within five (5) years after installation of the lirst pipeline.
However, if EnCana adds additional pipelines within a Pipeline Right-of.
Way more than tive (5) years after 1he initial installation of a pipeline
within the Pipeline Right-of-Way (subject to the five (5) pipeline
rcstrlct1on in subsection 4(b)), then EnCana shall pay U\vncr an
additional consideration nf-1er rod for e<:1ch additional pipeline
installed in such Right-of-\~
f. ;\dditional [)an1ages. No addition~il considen1tion "viii be due if EnC~ana buries
any tetnporary pipeline unless the pipeline is extended in conjunction with the
burial process. ln such ca.se EnCana 'vill compensate Owner for additional rods
at the applicable rate in subsection 4(e). Any and all surface damage caused by
pipeline construction, burial or removal, including construction, burial or
re1noval often1porary pipelines, shall be restored in accordance \Vith Section 9 .
5. LIVESTOCK. ....
a. Ef.!lf..j_Qg. All equipn1ent or appurtenances to any pipelines:, facilities, or \-Yells that
are above the surface of the ground shall be insta11ed in a n1anncr to protect the
livestock of Owner or Owner's lessee(s). During construction of any pipelines in
the Pipeline Right-ol~ Way, EnCana shall not maintain over one-half ( 1/2) mile of
continuous open trench if livestock are present in the area, unless ten1porary
fencing is installed around the trench to prevent access thereto and appropriate
livestock crossing areas arc created as <lctcrrnincd by 0\vncr. If, as dctcn11incd
by Q,v11cr, EnCana has breached this subsection 5(a), and has nor corrected such
breach to O\vncr's satisfaction \vithin five (5) days of receiving notice per
subsection 37(a) frorn O\vner of such breach, EnC:ana shall pay 0\Yner a penalty
of-er day until EnC~ana con1plies \Vi th the fencing requirements of this
subsection 5(a).
b. Relocation of Livestock. Owner shall notify EnCana seventy-two (72) hours in
advance when Owner desires to exclusively use any road on the Subject Lands or
adjacent leased property from time-to~tirne for periods of up to five (5) hours to
rclocaLc livestock. EnCana shall make reasonable efforts to accon1modate
O\vner's operations during such use periods, subject to EnCana's need to use
such road for einergency or \Veil control equipincnt. EnCana shall be responsible
for providing Owner adequate access to its pastures at all times. EnCana will
provide a route of access around any Well Pad that inhibits the flow of livestock
so the livestock and Owner's vehicles will not have to cross the Well Pad during
drilling and completion operations.
c. Damag~. Owner shall be compensated for any of Owner's or Owner's lessees'
livestock tha.l) in O\v1n::r's opinion, are injureJ ur killeJ by the <lin::cl ur i11t.lirec:t
6
actions of .EnC:ana or its cn1ployccs, contractors, sub-contractors, agents, business
invitees or other visitors. lf an a11in1al is injured, EnCana, in its sole discretion,
:\hall either (i_) pay ov ... ner the veterinarian, n1cdic(il or other costs to rehabilitate
the injured animal, or (ii) rei1nburse ()\VBL'f the value of the ani1113J according to
the following schedule. !fan animal is k11le<l, EnCana shall reimburse Owner the
value of thi::: anin1al, 'vithin thirty (30) days of the event, acco1di11g lo t11c
foll<)\ving schedule.
i. f·forsti: 'rhc n1arkct value for that ani11-1al as provided to EnC'ana in
\vriting by 0\vner in accordance \\'ith Sc:ction 3 l, or at the tirne of the
horse's purchase by Ov..-ner if acquired follo\ving the Annual Payn1ent
[)ate; provided. ho\vcver, if 0\vncr has not provided FnCana \Vith the
n11:1rkct value of a horse. the n1arket value of such horse shall be decn1cd
tobc-.
1i. Cows and Ycarliiig_J-Ji:itcrs: Replacement cost of a bred heifer or
-\vhichever is grc<ltcr;
11i. ~i!l_VJT Market value of700 lb. calf or-whichever is greater;
1v. Yearline Steers: Market value of 900 lb. yearling or -
\Vhichcvcr is greater;
v. .B__!!lls:-or the acquisition pric<: [or that animal, \vhichever is
greate~
YL ()ther Do111c:sticati.::d Livestock: current n1~rkct price or the acquisition
price for that anin1al, \Vhichcvcr is greater.
G. GROWING CROPS. By making the payments described in Section 2, EnCana shall
have fully compensated 0\\11cr for all damages to the Subject Lands associated with a
\Veil Pad, except for permanent or temporary damage to lands Sttitable for growing crops
such as hay, alfalfa or other saleable specjcs. For the annual crop production lost during
the preceding year, En(:ana shall pay 0\-Vncr, on the Payn1ent Date each year, an annual
sun1 equal to the current n1arket price of the crop for the qunntity of the crop as
determined by Owner. The quantity detem1incd by Owner shall be reasonable and in
accordance \-vi th cuirent year output of sin1ilar crops In the in1n1cdiatc vicinity of the \Vell
Pad in question. Such annual payment shall cease upon final restoration of the Well Pad
in accordance \.Vilh Section 9.
7. DAMAGE. If, by reason of EnCana 's operations, there is damage to any personal
property of Ovvncr or 0\.\11er·s surface lessees on the Subject Lands, or there is damage to
the surface of the Subject Lands caused by the negligence of EnCana or any unreasonable
use of the Subject Lands by EnCana that is not associated \Yith reasonable and normal
drilling, completion, re~con1pletion, re\vorking, reentry, production, maintenance and
operation of a Well, such as, by way of example and not limitation, damage to strnctures,
fences, gates, crops, culverts and ditches, such damage shall be repaired or replaced by
EnCana, or EnCana shall promptly pay Owner for such damage. EnCana shall not alter
the natural flow of any creeks, streams, or irrigation ditches on the Subject Lands. As
more fully described in Section 12, EnCana shall be solely responsible to Owner for any
7
and all darnage to any· springs, \Vater sources or \Vater rights on tJ1e Subject Lands
resulting froin EnC:ana 's operations under this Agrcen1ent.
8. RELEi-\SE. Except as otber\Vise provided in this f\grecment, O\vner, for itself and its
successors and assigns, does hereby release .. relinquish and discharge EnCana, its
nffiliates, successors nnd assigns fro111 all clnin1s 1 dernands, dnn1agcs and causes of action
that ()\vner n1ay have by reason of the drilling of the \\'ells and all other dan1age or injury
to the Subject Lands caused by the drilling, con1plction, re-con1p!ciion, rc\vorking,
reentry, production, operation, an<l n1aintcnancc of the \Velis, and ()\v1Jer accepts the
Dan1age 1\1nounts and Extension Payn1ents as full con1pensation for such dan1age or
lllJUfy.
9. R.ESTORATION OF LANDS. Following EnCana ·s (1) complet1on of the drilling and
completion activities at a particular Well Pad or any portion thereof not needed for
operation of existing or planned \Vcll(s), (ii) pcnnancnt p1ugging of all \Yells on a \Vcl!
Pad, or (iii) the abandonment of all or portions of a Pipeline Righl-oPNay or Road
Right-of-\Vay (individu~\]y "Reclnn18tion Fvent(s)"), the portions of the Subject Lands
which have been disturbed by EnCana's Well Paci, Pipeline Right-of-Way or Road Right-
of-Way and that are no longer necessary for EnCana's operations, shall be re-contoured,
re-vegetated, reseeded and restored as closely as practicable to their conditlon prior to
disturbance by EnCana ("Reclamation"), all at EnCana's sole cost, risk and expense.
a. Final Recla motion Obli~ation. EnCana sho II restore the surface of all disturbed
areas in accordance \Vith the rules and regulations of the C:olorado Oil and Gas
Conservation Commission ("COGCC"). No trash, litter and/or debris may be
buried or bun1ed for c:1ny reason. lJpon final tennination ofEnCana 1 s operations,
O\vner n1ay request culverts and fencing to be left Ln place, in \vhich case such
improvements shall therealler belong to Owner. EnCana shall not be required to
reclaim the existing roads shown on Exhibit B. EnCana shall make a good faith
effort to commence Reclamation within one (1) month of each Reclamation
Event and shall complete the Reclamation within one (1) year of each
Reclan1ation Event. EnCana's Reclan1ation responsibility shall he ongoing and
shall continue even after tennination of this .A.green1ent, until 0\vner provides
EnCana with a vwitten release of the Reclamation responsibility, or five (5) years
frorn the Reclamation Event, \vhich~ver occurs first.
b. ,i\.s~un1ption of f{ecla1nation Obligation by 0\vncr. Not\Vithstanding the
foregoing, at any tin1e follov/ing the Rcclan1ation Event, Ov,;ner tnay advise
EnCana that Owner desires to take over all or portions of the Subject Lands
affected by such Reclamation Event and maintain and assume responsibility for
all Reclamation associated with such lands.
c. Restoration .Penalty Fee.§. O\vner n1ay provide \Vritten notice to EnCana that
EnCana h3s not n1ade a good faith effort to timely con1mencc and con1plete
Reclamation in accordance with this Section 9, in which case EnCana shall have
thirty (30) days to adhere, in detail, to the specifics of this Section 9. If EnCana
does not comply with this Section 9 before the expiration of such thirty (30) day
period, EnCana shall be obligated to pay Owner a penalty fee of-per
day for each day of non-compliance tor each separate Reclamat10n Event.
8
10. OPENING AND RESTORATION OF FENCES. Opcnrng and restoration of Owner's
Ccnccs sha!i be n1ade at EnCana 's sole cost, risk and expense as follu\VS:
a. J":[J?raccs. Prior to cutting 0\vner's ti:'nces, at ench fence opening EnCan3 shall
tie the existing fence into a three-post "Hn brace built pursuant to the follO\Ving
specifications:
i. EnC~ana shall usL· drill sten1 or cotnJEirahle pipe of at least t\\"O ~ind seven-
eighths (2 7/8) inch dia111eter set in concrete for I-I-bracing;
~·aces shall be at least fo11y-t\\·o (42) inches in the ground, shall be
braced to take the strain; and
111. Center crosses shall be placed a minin1un1 of thirty-six (36) inches above
the ground.
b. Stavs. EnCana shall install fence stays every four (4) feet in all te1npora1·y gates
installed in O\vncr's fences.
c. Pits and Other Excavations. EnCana shall build temporary fencing around all
drilling and completion pits. Such fences may be of materials chosen by EnCana,
but shall include ''l-{" braces at corners 1 five strands of \Vire, and posts no more
than fifleen ( 15) feet apart, unless otherwise requested or approved by Owner.
EnC~an<i shall <ilso place panels sufficienr to keep out livestock around any
tc1nporary excavations during EnCana's drilling, cornplttion or production
operations for the \-Velis.
d. Permanent Fences. Upon completion of drilling and completion of the Wells,
EnCana shall promptly rebuild permanent fences to a condition equal to or better
than any fences damaged or removed by EnCana. EnCana shall use 1-3/4 mch
staples, cedar wood posts, and CF&I barbed wire to rebuild Owner's fence(s).
Experienced fence builders shall do fence replacement and shall consult with
0\vner prior to and during rcpJacen1enL
e. R_~rlacement Fencing§_. i'Jo fence shall be considered to be in a condition equ3] to
Owner's existing fence if the posts have been undercut or brush has been shoved
into such fcnc.c. If EnCana has disturbed the ground, plowed mud. or added
t1thcr n1aterial \Yi thin three (3) feet of a fence, 0\vner shall detennine) in its sole
discretion, \vhether a ne\v fence 1nust be constructed to replace the existing fence
at EnCana's sole expense.
f. Cattle Guards. If requested by 0\vner, EnCana \Vill _install cattle guards of
sufficient size and substance to bear EnCana's traffic and to tum all livestock.
Such cattle guards sholl not be installed \Vithout O\vner's prior \Vritten appToval_.
and shall be installed in such a manner so as to prevent water draining into the
cattle guards, and at a height so they are visible to livestock from a reasonable
distance. EnCana shall assume all liability for any animal that becomes
entangled or injured in the cattle guard and shall compensate 0"11er according to
the schedule in subsection 5(c). Any cattle guard installed by EnCana pursuant
to this subsection lO(t) shall be cleaned and otherwise maintained by EnCana.
Owner approved pipe gates shall be placed adjacent to and on top of all cattle
9
guards so that \iYe-Stock can be n1ovcd through the fence and/or can be turned
\Vithout injury \vhcn n1oving in large groups or \Vhcn influenced by incle1nent
\vcathcr.
g. Open (]ates. EnCana shall be responsible [or preventing O\vncr's livi.::stock fron1
escaping Cron\ or enabling livestock of OLhcrs fron1 entering through, any fence
openings rc~ulting fro1n the surveying, prc-dri\1ing, drilling: con1pletion, re-
con1pletlon, re\vorking, reentry, production, operation, and maintenance of the
Wells. lf a gate is left open. EnCana shalt be responsible for the cost involved in
gathering any livestock thar escaped. The: rate shall b~er hour per
CO\vboy needed to recover any escapi:d livestock) pl~rscment for
dan1ages. If it is detern1i11cd that ihc li\'estock cannot be recovered \Vi thin a cost
clTectivc ::11nount of ti1nc, EnCana shall have the option of con1pensating O\vner
for the actual loss incurred due to the loss of the livestock, as deterrnined by
O\vner1 instead of atten1pting to recover the livestock, in -~vhich case such
payrnent shall be based on the an1ou11ts set forth on the schedule in subsection
5(c).
h. RqJ!acemenl_Gates. EnCana shall install Owner approved pipe gates at all points
\Vbere Encana's actions necessitate replacing or 1,.vidcning the existing opening in
a fcnceline: or creating a ne\V opening in a fcnccline.
11. PROHIBITED PUBLIC ACCESS.
a. EnCana shall cooperate with Owner to prohibit all public access to the Subject
LBnds. fron1 the re;::il property nO\V O\Vncd by EnCrina and fonnc-rly b10\vn as the
"Unocal" property located in T4S-R9GW and T5S-R9GW. Such cooperative
efforts shall include .. but not be limited to, the installation at EnCana 's expense of
locked gates where existing roads provide access across the Unocal properly and
onto the Subject Lands in Sections 5, 8 and 17, T5S-R96W.
b. lJpon O\vner's \vritten request during the Colorado big gan1e hunting season,
EnCana sha l\ lock all gates on the Subject Lands. In addition, Upon O\vncr's
\vritten request during the Colorado big gan1c hunting season, and if EnCana is
engaged in drilling and co111plction activities at \Velis subject to this Agreen1ent,
EnCana shall provide security control at the beginning of the Stewart Gulch Road
at its intersection \Vith County Road #5, and at future locations, as dctcrn1incd by
0\vner, \\'here ne\V access points to the Subject Lands or adjacent lands have
been created by EnCana pursuant to its operations hereunder. Such security
control shall include 1nonitoring and recording all traffic, including tJn1e of entry
and exit) and 1naintcna11ce of any other records requested by 0\vner. 'fhe
rcquircn1cnt for security control shall cease t1pon E11Cana 1s cessation of i:lCGC5S at
the designated location.
l 2. WATER. If any surface or underground water source located on the Subject Lands
identified on Exhibit B (which may be modified upon discovery of additional water
sources from time to time), as well as any decreed water right owned by Owner, is
located within one-half(l/2) mile from any Well, EnCana shall hire and pay a third-party
expert, mutually agreed upon by the parties, to test the amount and water quality of such
water source(s) both (i) prior io EnCana conducting drilling operations and (ii) upon
con1plction of the Well as a producer or dry hole. In the event .such test results confinn
10
(in 1hc sole opinion of the third-party expert), that any such \Vater source \Vas
contun1inatcd or <lan1agcd by EnCana's operations, EnC·ana agrees to either (i) drill :a ne\v
\vatcr \Vell at EnCana's expense, or (ii) provide O\·vner a replacen1ent \Vater source in a
like vulurne tu ~uch <larn;.i_geJ \Valer suun.:e) al Lhe SULlfl:t: or <.It a n1ulually agreed location.
In addition, EnCana shall be responsible for annual operating and maintenance costs (in
l'.xccss of any costs attributable to the \Vater source prior to th~ dan1agc) for so long as
such \Vater source is used by 0 1.vner. Or, at EnCann's option) EnCana 1nay pay ()\vner a
one-time cash scttlcn1cnt equal to the estin1ate<l present value of such annu;.11 operating
and n1aintenance costs for a hventy-year period of use as calculated by a third-party \Vith
expertise in water matters, mutually agreed upon by the pariies. EnCana shall begin
construe.lion on any nt..:\1,: \Valer \Veil or source, as the case n1ay be, \Vithin sixty (60) days
of receipt of the expert's report of contatnination or darnage, and shall cornplclc such
construction \Vithin six (6) n1onths.
IJ. \V1\TEH. rfRC)UGHS. Upon ()\vner's request, En('.ana shall place, at EnCana's expense,
()\vncr-approved \Vater troughs of at least l ,000 gallon capacity on or near each of the
\Veil Pads at n1utually agreeable locations that <lo not interfere \Vi th En('.ana's operations.
EnCana shall not be obligated to provide \vater to a trough unless, as part of EnC:ana 's
operations, \vater is being diverted or conveyed to the Well Pad in question, in \vhich
case such diversion or conveyance method shall be used to fill the trough, at EnCana's
expense; provided, however, that (i) EnCana shall not be responsible for the quality of
any such \Vatcr diverted or conveyed, and (ii) O\vner hereby assu1ncs all risk of use o[
any such.vat iverted or conveyed. EnC'ana shall be responsible for no n1ore than a
total of for the \Yater trough~ \Vater diversion 1natcrials, \Vatcr lines and \.Yater
pipes per v ell Pad. Owner shall be responsible for any govemmental pennits required
for the provision of water to the troughs and the location of such troughs, and shall
n1aintain the troughs and the source of \vater to such troughs (unless EnCana ls providing
the \Vater as described above) in a n1anner that does not interfere \Vith EnCana's
operations at each of the Well Pads.
14. WEED CONTROL. EnCana shall be responsible for controlling all noxious weeds on
any Well Pad, Road Right-ol~Way and Pipeline Right-ot~Way. EnCana shall also be
respons:iblc for preventing such noxious \VCcds fro1n spreading to Subject Lands adj accnt
to any of these areas.
a. 1\djaccnt .A.rcas. ln the event such noxious \VC:cds spread to adjacent areas of the
Subject Lands, EnCana sha!! be responsible for controlling the noxious \VCC-ds on
those 1::1nds as \Vell, provided that such adjacent areas of the Subject Lands \.Vere
free of such noxious \Veeds prior to construction of the \\'ell Pad) Road Right-of-
Way or Pipeline Right-of-Way, as the case may be. Ir the adjacent areas of the
Subject Lands \VCrc not free of such noxious \Veeds prior to such construction,
EnCana's responsibility shall be lin1itcd to reasonable control of such noxious
weeds only on the lands that comprise the Well Pads, Road Right-ot~Way or
Pipeline Right-of-\Vay.
b. Weed Control. ff EnCana locates, or 01rner notifies EnCana in writing of the
location of, noxious weeds on any areas subject to tl1is Section 14, EnCana shall
implement control procedures before the noxious weeds go to seed.
c. Tenn of Responsibility. EnCana's responsibility for noxious weed control under
this Section 14 shall be ongoing and shall continue even after a Rcclan1atlon
11
Event. until such tirne as O\vner provides EnCana \Vith a \Vritten release of
EnCana 's further obligation to control noxious \Veeds on the Subject Lands or
five (5) yeJrS fron1 the Rec!a1nation Event, \vhichevcr occurs first.
15. EROSJON CONTROL EnCana shall be responsible for controlling all erosion of soils at
the \Veil Pads, Road Rights-of-\Vay, PipelinL Rights-uC-\:Vay, anLl on lanUs acljacent to
the Subject Lands that is caused by the activities of EnCana or its employees, contractors,
sub-contractors, or agents. Such erosion control shall include, \vithout lin1itation, re-
contouring, reseeding and rc-vcgctiting such lands and restoring any reservoirs or
\Vater\vays to their previous quality and capacity. EnC'ana 's responsibility for erosion
control pursuant to this Section 1 S shall be ongoing and shall continue even after
termination of EnCana's use of the Well Pad, Road Right-of-Way, and l'ipeline Right-of-
\Vay~ until such tiinc as O\vner provides En(~ana \vith i.1 \vrittcn release of EnCana's
further obligation to control erosion on the Subject Lands or tive (5) years from the
Rcclaniation Event, \Vhichcver occurs fixst.
16. MAINTENANCE, DUST CONTROL AND SPEED LLvlITS.
a. Repair of T1nproven1ents_ All 0\vner's cu1rently existing access roads, fences,
cattle guards, and gates impacted by EnCana's Well Pads, Road Rights-of-Way
or Pipeline Rights-of-Way shall be maintained by EnCana in as good condition
as existed at the tin1e of the execution of this Agreernent. 0\vner shall give
EnCana \Yritten notice of degradation or damage to such in1provcments caused
by EnCana 's operations. \Vi thin a reasonable tl1ne after such notice (not to
exceed seven (7) days, subject, however, to inclement weather conditions), if
EnCana fails to repair or restore the roads, fences, cattle guards, or gates to the
condition described above ancJ O\vner perforn1s ren1ediation or restoration on
such in1proven1ents, EnCana shall rein1burse O\vner for all costs associated \Vith
such remediation or restoration within fifteen (15) days of receipt of an itemized
invoice for such \York.
b. Dust Conlrol. EnCana agrees to water roads on the Subject Lands or use other
reasonable 111casures to reduce excess dust Jfon1 road use during drilling and
completion operations. f'ollo\ving drilling and con1plction, EnCana agrees to
continue such dust control measures to the same standard as required for.roads on
the federal lands which are adjacent to the Subject Lands.
c. Speed Limit. EnCana agrees that the speed limit on any access road shall be 25
m.p.h. and 1t: as determined by Owner, such speed is exceeded by any EnCana
cn1ployce, contractor, sub-contractor, agent, business invitee or other visitor,
EnCana shall be assessed a fine of-per occurrence. Any fines assessed
under this subsection 16(c) shall be paid by EnCana on the next Payment Date.
Not\vithstanding the_~ 0\vncr n1ust notify EnCana at any time the total
fines assessed cxccc~
17. LAWS. RULES AND REGULATIONS. EnC:ana shall, at its sole expense, comply with
and take steps to ensure its agents comply with all federal, state and local statutes, rules,
regulations and ordinances, including without limitation, those relating to safety and the
environment, that arc applicable to EnCana's and/or its agents' use of the Subject Lands,
12
18. DRUGS, ALCOHOL, FlREARJVfS AND DOGS. EnCana shall not allow the use,
possession, transfer, purchase or sa!e of illegal drugs, narcotics, or other unl.a\vful
substances and 111aterials by EnCana or its en1ployees, contractors, sub~contractors,
agents, business invitees or other visitors \vhilc on the S11bjcc[ Lands. ·rhe use.
possession, transfer, purchase or sale of c1lcoholic beverages, fircan11s and other \Vea pons
upon tht: Subject Lands is expressly prohibited. No dogs arc pcn11itted on the Subject
L.ands. En(~ana agrees to notify all of it:;; contrac1ors, agents and cn1ployccs of these
restrictions . .:-\ny indi\'idual \vho violates this provision nKLY be denied access by 0\vner.
! 9. IMPROVEMENTS. Upon termination of this Agreement, all permanent buildings,
Cixturcs or in1provcrncnts placed on the Subject J ,ands, not other\vise disposed of as
provided fOr in this /-\green1ent 1 shall become property ofO\vner. No \vater, rin1ber, rock,
dlrt, gravel or other Jnateri:ils or minerals shall be sold or ren1oved fi·<n11 lhc prcn1iscs by
EnCana or its agents \Vlthout the prior \Vritten permission of 0\vner.
20. NO RECREATfON. No hunting, trapping, fishing, can1ping, sightseeing, horseback
riding, use of recreational Yehicles, or any other use not expressly alh.1\vcd in this
/\grcc1ncnt, by EnCana or its cn1ployees, co11tn1ctors, sub-contractors) agents, business
invitees or other visitors, is pcrn1itted on the Subject Lands, and no such rights are
granted by this i\green1ent.
21. ELECTRICAL LINES. Owner, at Owner's expense, shall have the right to connect into
any electrical line constructed by EnCana on the Subject Lands. Thereafter, Owner shall
pay the 1narke.t rate for electricity used by O\vncr according to a meter to be installed by
O\vner, at O\vner's expense, on any structure receiving electricity. If O\vner elects to
exerc:ise its rizhts under this Section 7.1, 0\Vnf'r shall he respnnsihle nnly for its costs
described in this Section 21, and shall not be responsible for sharing any portion of the
costs of installation of the nuiin electrical line \Vhich is connected to by 0\vner.
22. HAZARDOUS MATERIALS INCIDENTS. If requested by Owner, EnCana shall
provide O\vner copies of all fonns, notices 1 pl ans, tests or other docu111entation regarding
spills or blow-outs on the Subject lands that are filed with the COGCC, local
govcmn1cnt representative, or any other regulatory agency.
)" __ ,) -VARlANf~FS A copy of nny n-:ci11est . .;:; by Fn(~ann for vnri::inc:e fro1n surface use or
reclan1ation regulations, not requiring a petition and notice to 0\vner, sha!l be delivered
to O\vncr at ihc san1c tin1c as JLlivcry io the C()GCC.
24. fNSlJRi\NCE. At all times while this Agreement is in effect, and as may be necessary
for any obligations that survive this A .. grccn1ent as described in Section :55, EnCana shall
keep its operations insured, or con1ply \Vith applicable self-insurance la\VS and
regulations, for auton1obilc, general liability, and \-vorkn1cn's con1pcnsation insurance, as
well as for any damages incurred on or to the Subject Lands.
25. \V AIYER OF WARRANTY OF TITLE. This Agreement is made subject to any and all
existing third-party easen1ents, rights-of-\vay, liens, agreen1ents, burdens 1 encun1brances,
restrictions, and defects in title affecting the Subject Lands. Owner does not in any way
\Varrant or guaranty title to the Subject Lands.
13
26. WAIVER OF RIGHTS TO CONDE:v!N. Except as provided in this Agreement EnCana
\V3ives any rights it n1ay have to conden1n additional easen1cnts, rights-of-\vay, or \Veil
Pads on or across the Subject Lands.
27. LEASED PUBLIC LANDS. The provisions of Sections 10, 14 and 34 shall also apply to
all public lands that 0\vner presen1!y leases in Rio Blanco and Garfield Counties,
Colorado, as long as Ov·.:i1er leases such lands and such provisions do not conflict \Vith
goven1n1ental rules and regulations.
28. LJENS. EnCana shall, at its sole expense, keep the Subject Lands free and clear of all
liens and encun1branccs resulting fron1 EnCana's and its agents' activities on the Subject
Lands, and shall in<lctnnify and hold hannless 0'1-vncr fron1 and against any and all liens,
claims 1 dernands, costs, and expenses, including, \vithout Jin1itation, reasonable attorney
fees and court costs, in connection \Vith, or arising out of, any \vork done, labor
perforn1ed, or rnateri2ls furnished.
29. CONFIDENTli\LlTY. Owner will keep the terms or this Agreement conf'ident1al and
\viii not disclose the sa1ne to any third party, except for disclosure to O\vner's
accountants and attun1cys \Vho \vill also be bound by this obligation of confidentiality.
0\\11cr shall 1nake no disclosures regarding the financial tenns of this Agreement to its
landlords or lessors for grazing leases, but n1ay rnake any other disclosures upon
EnCana's \Vrittcn consent, \Vhich consent shall not be: unreasonably \Vithheld.
30. OWNER REPRESENT/\ TIVE. Owner <lcsipiatcs Reuben G. Oldland as representative
("O\vner Representative") to receive notices and pay1ncnts pursuant to this Agreen1ent.
EnCana shall he entitled to rely on any ins!ructions or Bnthori'1_::itions fron1 the Ov .... ner
Representative. -No change of Q,vner Representative shall be binding on EnCana until
EnCana has received written notice from all of the other parties((} this Agreement.
31. PAYiVIENT DATE. The "Payment Date" means the first and all subsequent annual
anniversaries or the date of the execution of this Agreement. The tirst Payment llate
shall occur on the firstanniversary of the execution of this ~Agreement. \Vithin thirty (30)
days follo\ving the Payment Date, EnCana shall sun1marize, in the forn1 of Exhibit D, all
annual payn1ents referenced in this 1\grcc1nent, as adjusted for inflation in accordance
\Vith Section 32, and suhn1it t.hern to O\vner for approval. "fhe O\vner Representative
shall then provide EnCana his or her \Vritten approval and/or objections along \Vith the
party or parties to \Vhich payn1enl(s) should be n1acle, as \Yell as a schedule listing
()\'v11er's horses and the n1arket value for each. EnCana shall rcn1it the amount O\ved to
the party(ies) designated by the Owner Representative within fifteen (l5) days of his or
her approval. As used in this Agreement, the "Current f'ayment llate" means the
Paylncnt Date for the year in question. 1'hc "Previous Pay1nent l)ate" incans the
preceding Payn1cnt Dute.
32. JNFLA TTON A f).JT ISTMFNT. All fees, costs, rentals, penalties, assessments or
payments of any nature described in this Agreement shall be adjusted every two (2) years
to account for inflation. Beginning with the payment on the third anniversary of this
Agreement, and every two (2) years thereafter, the amount of the annual payments shall
be adjusted according to the then prevailing Inflation Factor ("Inflation Factor")_ The
annual increase in the Inflation Factor shall be detennined by the annual C:PJ for the West
region, as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the
14
year of adjust1ncnt. ,!\.definition and exar:nple of the Inflation Factor is provided in the
attached and incorporated Exhibit(;.
JJ. TER.Jvf. This Agreernent shall tem1inate and all rights under this /\grec111cnt shall rcvc11
to 0\vner \vhen the Subject Lands have not been us::d by EnCana or its affiliates,
successors or ;is.signs for the puqJosc.s described in this .4.gree1nent for a period of tv..1 0 (2)
years, subject to the survival of EnCana's obligations described elsen.'J1ere in this
"~\grcen1ent. .All fees, payrnents, costs, rents and/or other con1pensation shall continue
unabated until all recla1nation cCforts arc con1plcted, and Jrilling, extraction: n1aintenancc
or other actiYlties not associated \\'ith reclaination of the \Veil Pad(s) have been
con1pleted in accordance \Vlth this ;\grccn11 . .:nt. l\ol\vithstanding the termination of this
:\grecn1ent, EnCana shall not be dceined to have released the rights it n1ay have under
any oil and gas lease \Vhlch ls still in etfect and which COVC:JS (;\fl)' purliun or the Subjecl
Lands.
34. LIAIJILITY OF THE PARTIES.
a. Inden1nity. EnCana covenants and agrees to fl.illy defend, protect} lndcn1nify)
and hold hannless Owner, its officers, directors, partners, principals, employees
and agents (collcctivcly, "Agents"), from and against each and every claim,
demand or cause of action and liability, cost and.Jar expense (including but not
liu1itc<l lu n.:asonabk-: utton1cy f<.:cs and costs incurred in defense of O\vner and its
),gents), for darnage or loss in connection thcrc\vith, \vhich n1ay be made or
asserted by EnCana, its officers, directors, partners, e1nployees and/or agents, or
which may be asserted by any third party (including but not limited to Owner's
1\gents), on account of personal inju1y, death or property dan1age caused by,
arising out of, or in any \.\ .. ay incidental to or in connection \vith, EnCana's use of
the Subject Lands or the rights granted under this Agreement, except to the extent
such dan1age or injury results fro111 the actions of 0\vner or its Agents or such
liability has been assumed by Owner. Where personal in3u1y, death, or loss of or
dan1agc to property is the result of the joint actions of O\vner or its Agents an<l
EnCana, EnCana's duly of indemnification shall be m proportion to its allocable
share of such action.
b. Environn1ental Claln1s. lt is expressly agreed that the indcnmity obligation
described in this Section 3'1 specitlcally includes, but is not limited to, claims
arising under all federal, state and local environn1cntal la\VS_, rules ancl
regulations.
c. Force J\·lajcurc. l'Jeither par[y shall be liable ro the other for any damages or for
failure to perforn1 its obligations under this ,\gree1nent due to fire, earthquake,
flood, \vindstonn and other like casunlty or other causes beyond its reasonable
control (including but not limited to inability to complete Reclamation
responsibilities due to adverse conditions such as drought; provided, however,
that such responsibilities shall continue but with an extension of the completion
deadline), nor for damages caused by public improvements or condenmation
proceedings.
35. SURVIVAL OF OBLIGATIONS. All obligations, inderrmities, duties, and liabilities
undertaken by EnCana under this Agreement shall survive the tennination of this
i\green1cnt, to the extent described else\vhcrc in this Agreement_ The provisions of this
15
1\grccrnent related to EnC:ana 's Jctivities on the Subject Lands, including but not li1nited
to the provisions regarding livestock, da111ag:cs, fences, \Veed control, and erosion control
sh~~n also be ::ipp\icablc during the Rcclan1ation period.
36. NON-EXCLUSIVE USE AND RESER\'ATlONS. All rights f,'Yanted in this Agreement
arc: !in1-itcd to the specific grant(s) described in this .\f,'TCcn1cnt. Except Gs rnay be
specifically provided else\vhcrc in rhis 1\grcernent, this AgrcL'n1cnl does not, in any \Vay~
convey any \Vater rights or the right to use \Yater, nor does it convey any rights to
construct a con1prcssor or related facility, or to mine, dril!, re111ovc, process, treat or
produce, in any \vay, oil shale or other n1incra!s not specifically provided for in this
Agrcc111ent that are located or n1ay be located in, on or beneath the Subject Lands.
O\.vncr reserves to itself and its successors an<l assigns all rights not specifically granted
tu EnCana in this Agreen1ent.
37. NOTICES.
a. Requircn1ents. \Vhcrcvcr provision is 1nade in this J\grccn1cnt for the giving,
service, or delivery of any notice) staternent, payn1ent, or other instrun1ent, such
notice shall be given by (1) personal delivery, or (11) United States first class,
regular or certified mail, postage prepaid, addressed to the party entitled to
receive the sa111e at the address stated in the introductory paragraph; provided,
however, that each par1y n1ay change that party's niailing address by giving the
other party \vritten notice of change of such address in the n1anncr provided in
this subsection 37(a). N1ail shall be deemed to have been given, served and
delivered upon the fif\h delivery day following the date of the mailing: personal
delivery shall be deen1ed to have been given, served and df:live:re:d upon receipt
b. ~:'._Q_Q~<;;_Notices. lf requested by Owner, EnCana shall provide Owner with a
copy of any "Change of Operator" notice filed with the COGCC, and EnCana
shall provide Owner a copy of any notice filed with the COGCC regarding public
health, safety, or emergency matters. EnCana shall notify Owner of a spill of
E&P \.Vaste or any other substance.
c. Construction and Reclan1ation Notices. EnCana shall provide O\vner \vritten
notice of both the start date ;-inrl comrletion date of all construction and
rec1a1nation projects contc111platcd under this i\grccmt:nt including \Veils, \Yell
Pads, new roads, ro;:id extensions, pipelines, pipeline extensions, tcn1porary
pipelines, \.Vater \Yells, \Vater springs, diversions, restoration, ren1cdiation and re-
vegclation. EnCana 's constTuction 1 con1pletion) and/or reclan1ation
responsibilities shall not be deen1ecl to have been comp!eted \Vithout having
provided such written notice of construction, con1plction and/or rcclan1ation_
d. Fines. lJnless other,vise provided in this Agrcc1ncnt, O\.vner must provide
\Vrltten notific11tion to EnCana a n1ini1num of fifteen (15) days prior to assessing
any fines.
38. Ai\1ENDMENTS. This Agreement may only be amended by the written agreement of
both parties. This Ab'feement cannot be amended or lcnninatcd orally.
16
39. HEi\DlNCJS. Section headings or captions contained in this 1\g;rccn1c:nt arc inserted only
as a 1natter of convenience and for reference, and in no \vay define, li1nit, extend, or
describe the scope of this A ... grcemcnt or the intent of any pro\,..ision.
40. COJ\STRUCTfON. Whenever required by the context of this Agreement, the singular
shall incltHlc the plural, :-Jnd vice vcrs::i; and the 1n0<:>c:u!ine gender shall include the
fc1ninine and neuter genders, and vice versa. ·The provisions of this 1\greernent have
been independently, separately and freely negotiated by the parties as if drafted by both
of then1. The parties \vaive any statutory or con1n1on la\v prcsun1ption that \VOtlid ser\·e
to have this t\f.rreen1cnt construed ln favor of or against either pany.
41. APPUCABUo LAW, ATTORNEY FEES AND DEFAULT. This Agreement and the
rights of the pa1tics under it shall be interpreted in accordance \Yilh the la\'vs of the State
of Colorado, by the district court. in the county where the Subject Lands are located. fn
!he event of any clisp11te, the prev;iilinB pcirty ,;;hall be entitled to recover its rcr1sonablc
costs Jnd attorney fees, including post-judgn1ent collection costs, in addition to actual
dzirnuges.
a. Cool_~nl.!-ofJ _ _feriod. Not\vithstanding any other provision of this Agree1nent, no
litigation shall be initiated by 0\vnr.:r for Jan1ages, forfeiture or cancellation \Vith
respect to any breach or default by EnCana hereunder, unless Ovvner has gi vcn
EnCana thirty (JO) days \\.Titten notice describing the breach or default, and then
only if EnCana fails to remedy the breach or default within such thirty (30) day
time period. Neither the service of the notice nor the conduct by EnCana of any
actions to cure or attempt to cure a breach that is aileged by Owner shall be
dee111ed an ad111ission or presun1ption that EnCana has failed to perforn1 its
obligations hereunder.
b. _No Limitation of i\ctions. Nothing in this 1-\grccn1ent shall be construed to lin1it
or abridge a party's right to seek termination of this Agreement upon the other
patty's default u[ a leuu or conULLiun Ue~t:ribeLl her(.'. ill.
c. ()\vner incurred Legal Fees. EnC~ana shall r~al fees incurred by
Owner in preparat10n of this ,\greement up to-. EnCana shall also
rei1nburse legal fees incurred by O\vner for future an1endn1ents to this Agrccn1cnl
up to-er an1cndn1ent
42. NATURE OF RELATIONSHIP. The parties acknowledge and agree that this Agreement
docs not create any special relationship bchvccn the parties, including \.Vithout 1in1itation,
that of joint venturers or µarlJ1e10. Nolhin~ in lhi0 Agrec111ent sha!J be. cons1rued as
designating either party an agent of the olher.
43. WAIVER. The failure of either party to enforce any of its rights under this Agreement
upon any occasion shall not be deemed a waiver of such rights on any subsequent
occasion(s). The waiver, either express or implied, by any party of any of the rights,
terms or conditions in this Agreement shall not be deemed as or constitute a waiver of
any other rights, terms or conditions in this Agreement. Any waiver, in order to be valid
and effective, must be in writing.
44. SEVEREABILITY. If any provision of this Agreement 1s illegal, invalid, or
unenforceable under present or future la\Vs applicable to this Agree1nent, the partles
17
intend that the rernainder of this 1\green1ent shall rernain in full force an<l effect so as to
fulfill as fully as possible the in1cnt of the parties as e.\pressed by ihe then existing tern1s
of the Agreement, including the invalid3tt:d provision.
c>S. ivlERGER OF PIUOR J\GlZEb\lENTS. This Agreement contains the sok and entire
agrccn1cnt and undc:rstanchng of the parties \Vith respect to its subject n1atter and shall
supt.Tsc<le all Prior _Agrccn1ents, if any, insofar as they pertain to the subject n1anner of
this Agreen1ent bet\vccn the pariies. 1\ll prior discussions, negotiations, con1rnitn1cnts,
and understandings relating to the subject<> of this A.t:..rrcc1nent are n1erged into it.
46. HEIRS, SUCCESSORS AND ASSIGNS. Subject to any limitations on assignment
provided in this r\grecn1ent, thls Agreen1ent sh:ill be binding upon and inure to the
benefit of the parries and rheir respeclive heirs, successors and assigns. 1\ssign1ncnt by
EnCana of some or all of its rights hereunder shall not release EnCana from liability
under this Agrcc111cnt, unless specifically released by O\vncr in \\Titing. Any assignee of
EnCana shall be required to obtain and provide O\vner \vith cvtdence ot" J<lequate
Insurance to cover its operations, as described in Section 14, \vith coverages equal to or
greater than those of EnCana in1111edjately prior to the assignn1ent.
47. TRANSFER OF OWNER'S INTEREST. No transfer of Owner's interest (by assignment
or otherwise) shall be binding on EnCana until EnCana has been fomished with notice,
consisting of copies of all recorded instrun1cncs or docun1cnts and other infon11ation
necessary to cstabhsh a con1plctc chain of record title froin ()\l./ner, and then only \Yi th
respect to payn1ents thereafter 1nade. No other kind of notice, \vhether nctual or
constructive, shall be binding on EnCana. lf less than Owner's entire interest in the
Subject Lands is transfcn-cd, such notice shall also specify the method of app011ionment
of all pay1nents to be n1ade by EnC:ana pursuant to this i\green1ent. No present or future
divisioo of Owner's ownership as to different portions or parcels of the Subject Lands
shall operate to enlarge the obligations or diminish the 1ights of EnCana, and all
EnCana's operations may be conducted without regard to such division.
·-' ,,.,.
EXECUTED this i_L·day offcbruary, 2005.
OWNER:
Reuben G. Oldland
·. , -.\ . . I
Ry: .,J'l! f ·,J1.fi / _ _[ __ ~_/,_\. i~(_'( { ,'·(/
Stephanie D. Oldland
By: ~-. . "~'
Eva Christine Uphoff
18
By:_~~--------
Gerald A. Olttland
OLDf.c\ND llROTlfERS. INC.
[' By: ' '---.. ;.; ., r,
Reuben G. Oldlanci
Its: President
'~ .. i
OLDLi\ND Ai\D UPHOFF, a Partnership
Reuben G. Oldl3nd
Its: General Partner
D ·z_ i' , . ·.,:. ate: _______ l~--1 ______ _ Date: ____ ,_·~-·~· ·~· _____ _
ACKNOWLEDGMENT
STATE OF COLORADO )
)
COUNTY OF MESA
lvly Co1nn1ission Expires:-~~-:'.,::..-~ -~1--r_;.
ACKNOWLEDGivlENT
STAIE OF COLORADO
)
COU"1TY OF 1v!ESA )
T'he foregoing lnstrun1ent \vas ackno\vledged before n1c on this j_l+!_i day of February_.
2005 by Stephanie D. Oldland.
19
ACKNOWLEDGMENT
STATE OF COLORADO
COl'NTY OF RJO BLANCO
rvty (_'on1rnissio11 Expires: -sc1~..:t-c:~b~ r 18 I 2 0 u c
STATE OF COLORADO
COUNTY OF RIO BLANCO
)
)
ACKNOWLEDGMENT
My Commission Expires: Seotember _18, 200G
ACKNOWLEDGMENT
STATE OF COLORADO
Nptary Public 664 ~lain Street
Meeker, Colorado
() lb 4 t
N_otar)'Public 664 i'-1ain Street
Meeker, Colorado
81641
/! ;:.~: :
~ ._; ::·
COUNTY OF RIO BLANCO •. -•:
-rhe foregoing instrrn11ent \Vas ackno\vledgcd bcrorc inc on this 1 5 thJ~:rY.~.?1~eb-1:·~1tH)i~
7005 by Gerald A. Olclland · "'"·'·'' · ·
My Commission Expires: September 18, 2006
20
N~·taryPubiib 664 t,'lain Street
Meeker, Colorado
816 41
ACKNOWLEDGMENT
STATE OF COLORADO
, ! -> ~ \
COUNTY OPR!O lllA1'CO )
'fhc foregoing instrun1ent \Yas ackno,v!edge<l before 1ne on this Jj_U___ day of February,
2005 by Reuben G. O!dland as President ofOlclland flrothers. Inc" on behalf of said corporation.
(
_____ r~_/!
, I
Notary Public
~ .. 'fy Comn1ission Expires: . , ~ -_,., r )-'
-~-r-----~-
ACKNOWLEDGMENT
STATE OF COLORADO
COUNTY OF RIO-BLANCO
The foregoing instrun1ent \Yas ackno\vledged before rne on this ! j t-fL day of February,
2005 by Reuben G. Old lane! as General Partner of Oldland and Uphoff, a partnership, on behalf
of said partnership.
ivly Co111111ission Expires:~__,_·------
ACKNOWLEDGMENT
STATE OF COLORADO
CITY AND COUNTY OF DENVER
The foregoing instn.in1cnt \vas ackno\.vledged before nle on this I l-f\,day of February,
2005 by4:J'1µg W. Jones as Attorney in Fact for ENCANA OIL & GAS (USA) Inc., a Delaware
corporation} on behalf of said corporation.
' 1)~, ... ..,,1 / .) l-!,,-,j (; ~-.:.: )
Notary Public
i'viy Co1nn1ission Expires:~ ---~~, -· ~ , ",::, -,_ -·_
21
... '.
Th~ Subject L:1nds are defined .:is follo,vs:
_to_\1i:,'11!p_ J Sollib_,B_:]_J.P.t: '!(i \\'est
.~c.::tiun 8 E'2l\[
Sc·ctwn 9: Si2N\V
S~ction i 5: SF.?\\V, l\t:S\\', \\'i~S!:
Scct:on i 6: l-'2S\\'
.'icct:,_in 20: Si'l\\V
Sc..::1:010 2i: ~~:'2NE, E-'2N\\', SJ:S\V, \V/2SE
S<:L\itlll 26: Sl2SE, StS\V
S.:cli1rn 27: N\-V, N/2S\-V
S<:dinn 28: \\'!2'.'E, NESE
Section 29: $\VN~V
Scuion 3J· \V/2NE
Section 35: NE, N\VSE
Township 4 South Rang.,,: l)(l \\\•::,t
Sct:!ivn 6: Lots l, 2 G'2NE
Section 16'. NE, \V/ZS\\'
Scclirn1 l7: E/2Sl'.
Section 2 l: S\V
Scction 28: \V/2
Sc..::tion 29: E/2,S\V. S-'N\V, i\ENW
Sn:tin11 JO: SE, Et2SE
Section J l: N/1NE, NEN\V
Section 32: N/2, SE
Section 33: \\'/2, N\VNE
T0\\1l~h1p 4 Stllllh, Ran!'C !)7 \\\:~l
Sc:ciion l: Sl'.NE, NLSI:'., \V/2SE, SES\\'
Sc.-c!l<.>n 12.· Nr. ::>EN\\', Nl2:lC:, Ci2S\V, S\VS\\'
Section 13: \V/N\V
Stcrion 1--l: E.'2\JE. SWNE, SE. SES\\-1
Section 23: \V/2\E, SEN\V, NL:S\V
Section 2--l: S/2, S/2NF/4
Section 25: N\V, N\VNE
Sccion 26· SENE
To\~-nship 5 South, R~ns~-22..\Vcs\
Scctii>ll 7: Lots !-4, S/21'/F:. NESE
S..:c1ion 17: N\V
Tovm~hip 5 South, Ra11(!C 97 \Vest
Section l: Sf2N\Vl/4, N\VSW, Sf2SESE
Section 2 Lots 7, 8, S!2NE. N/2SE, S.t2N\V
Section 3: LoL'> 5-7, SENE
Section !2: E!2SF., Ni2N/2NENG
Section 13: E!2NE
EXHIBIT A
Subject Lands
22
EXHTBIT C
DEfll\JTION OF Tl!E !Nl'Lid!OI\ FACTOR: The lnilalion Factor is the cumulative factor of
all previous inflation rates as defined by the Consumer Price Index (CPI) and 1s applied to each
respective l\VO-ye;lr perind h)!]O\ving the ll1.011lh and ye;_lr or the .Effi~ctive [);;iic. 'l'he [n11::Hion
Facror j:_: calculated b_v dividing the Cf1( for the n1onth and year in question by the CPI published
111 the tnonth and year of the Effective Date. The Inflation Factor is applied to certain annual,
contingent and one-tln1e fees. penalties, payn1en(S_, rents :ind/or co1npensation rnade to 0\vner and
is revised every t\VO (2) years. 'The Int"l:.:ltion Factor \Vi!I t-1rst apply to the pay111cnts tnadc on the
third anniVCfS:lry Of thC J:,ffCCttVt..' [)QtC. for Ch<lrgCS il1Cl!ffCd during the third )'Car Of thIS
AgTccn1cnt, and \viii be rc 1.riseU every hvo (2) years thcrca!lcr. EnCana 3f,'TCCs to include an
explanation and historical account of all previous InOation factors \vith all payments to 0\vncr.
t\ssuming ihat the C:Pl for the year and month of the Effective Date is I 93.4 and that the Cl'! on
ihe third Payment Date, three (3) years from the date of execution of this Agreement, is l 96.2,
then the rnnation Factor for paymrnis in years tlucc (3) and four (4), three (3) and four (4) years
after the execution ofth1s Agreement respectively, would equal (1%.21193.4), or 1.0144. Certam
fees and payments for years three (3) and four (4) should be multiplied by this Inflation Factor.
For exan1plc, as:.;un1ing there are five (5) \Vell Pads in operation in year thn:e (3), then the
corresponding for Annual Access Payment year three (3) would be-, multiplied by the
Inflation Factor calculated at the end of year three (3 ). "fhus, the revised Annual Access Payn1ent
would equal in yenr three (3). 'J'he Annual Access Payment
in year four (4) \VOU1 ren1a1n unless additional \Vc!J Pads arc created during year
four (4), \Vhich \Vould result in an increased 1\nnual \.Vcll Pad i\cccss Payn1cnt under subsection
J(d). Subsequently, in year five (5), a new Jnfhtion Factor should be calculated and applied to all
payments in years five (5) and six (G).
23
\'l"ll P.;.d~ C,:,!<&lnc1".i S:2~~.;i
ht:v:iois Pi}-n12nt Da.k
IL /',..H:ess Yee
Tot.;l l1V<:llP-hl:> onCu.u-t:nl
Wt.;-: P.;,.yn12n\ Day>
Gate Open Ho.in
. -'· "
i::p'r f~iP~:rkid-~~"~lu~st6t~-
CPI·on [,{.!ctiticu D.ak c..f 11-lli
Ao.:.;.~tn~·nt·_,
x
x
V. T oialPayn\el'd on Cucreni P-1,rn~tD.a.te
LXH.IB!l U
D-:·llm per d.1y -
D-::·11.ll:; P"<rtid~t -Dolhrs per h:"rr -
Tofat.l F.:,.g ind Fi.""IP-:> (c)
+
InfW.tiun F .:i.c tor( d)
Nei.v:tr Coroirucied \VillPads:
l'.kg.tl De:;c:ripfun:
En::.iln De;;.:lltJ-·ti.:•n:
Size in Ao-.:;:
H1JI1U-..e1· of V/<:lls:
h gd De5cripti.on:
En:::<l.113 Descritption:
S~ ll1 Acre:;:
Ac1"1?:> Extenied. :;llice Piior Pa.yin:nt Dato::
Hun1h•::rofV/elli:
24
Tot::J-\\t,JlP~:l.; on
Cu?..:.-.::nt Pa}"1tV.:Jd: Dai.;:
Asc'2H F "'"' pri.-;;r to
i.i1fh.tion -l-iiu:; trn>::~lt
Tot.:J P.:i.yn_L:.nl bc:fCQ.:.
Intb.tion(!)
(a)
(b)
To1-i.l Pay1ri:nt .~rhfutiuttAdju5hn".nt
0
.·. ~
....
. \.'
f
)
)
.?ff ENCANA -
!, \~
OLOLANO UPHOFF
I SUR FACE i USE AGREEME NT
~. C.J°'°'""" ,~..,,
V\ Fla"""°'' L.A."«>S
-tllJSl f'INGAOMl'I
()w1tU:ltSOUKf
)
Introduction
EnCana North Trunk #1 Pipeline
Biological Surveys Report
Prep are d for :
EnCana Oil and Gas (USA), Inc.
Prepared by:
Westwater Engineering
E nCana O il a nd Gas (U SA), Inc . (EnC ana) h as pro posed co n stru cti o n o f ap prox im ate ly 3.6 miles
of 12 -inch di amete r na tu ral gas trun k pipe lin e a nd assoc ia ted a b ove ground appurtenances in
Garfie ld Coun ty , Colorad o. Appro v a l of th e proj ect is s ubj ect to the comp le ti o n of requi re d
envi ro nme ntal s tudie s as dire cted by the U.S . Burea u of Land Ma nage me nt (BL M) a nd Garfie ld
County, Colorad o . T he majo rity of the proposed proj ect is located o n En Cana's Nott h Parach ut e
R a nch (N PR). E nC ana h as vo luntarily made commitments to manage an d conserve w ildli fe
popul ati o ns and ha bitat o n NPR. E nCana's commitme nts to e nv ironme ntal ma nageme nt in c lude
vo lunta ry s urveys of sens it ive natu ra l resources o n N PR to ide nti fy pote nt ia l impac ts of nat ura l
gas deve lo pme nt. As a result , much o f the d ata in thi s re po rt wa s gathered by Wes t W a ter d uring
the s umme r in 2 006, w he n env iro nme nt al issues were most l ik ely to be id entified. W estWater
bi o logists a lso s urveyed the proposed al ig nme nt on 8 Ja nu ary 2007 . O ne to two feet of snow
w as o n th e gro un d a t the time, precluding a ny a ddi t io na l s urveys of the a rea.
T he purpose o f the s urveys was to de te rmin e (l) if a ny rapto r ne s ts a re present within \14 -mile of 1
the p ro posed activit ies; (2) if the act iv ities a re located in G reater Sage-Grouse ha bitat; (3) if the re
a re a ny po te nti a l aq uat ic ha bitat issues; ( 4) if a n y po pul atio ns, indi v id ua ls or suita bl e ha bitat of
t hreatened , end a ngered or BL M S pecial Sta tu s S pecies (TESS) pla nt s are present in t he project
a rea; (5) if s uita ble h a bitat for U.S. Fis h and Wildlife Serv ice (U SFW S) Bi rd s of Co nservati o n
Concern (BOCC) are present in the proj ect are a ; a nd (6) if any noxious wee d s li sted by Garfield
Co unty are present w ithin the pro posed ali g nme nt.
Project Scop e a nd Location
Appro xima te ly three mil es of the pro posed a li g nme nt for th e North T run k# I p ipe lin e is locat ed
o n EnCana's N PR p ro p erty. T he rema ining 0 .6 mil e is located o n neighboring p rivate property
and fe d era l land a dmini s tered by the BLM. T he proj e ct is located in Secti o ns 3, 4 , 5 a nd 6,
Towns hip 5 So uth, Ra ng e 96 Wes t anclin..Secti o ns 33 and 34 , Townshi 4 So ut h, Range 96 W est
(F ig ure I ). he alignment rim ar ily p a ra leis Divide Roact and EnCana's 36-inch Piceance
athe ring P ipe line right-of-wa}' (RO W) along t he waters d div ide between.Parachute C eek
andl>iceance Cre k, at e lev ati o ns o f 8,200 to 8,400 fee t (F ig ure 2). Vegetati o n a lo ng th e
a li g nme nt is a primaril y sage bru sh s pecies w ith mo unta in shru b spec ies in c lud in g Gam be l oak ,
se rvi cebe rr y and ante lo pe bitterbrush inte rspersed. T he co nstru ct io n R OW is expected to be 70
fee t.
Westwate r E ng in ee ring Page 1 of 9 pages 1/16/2007
Legend
..._ North Trunk Pipeline
• Actn·e Raptor :Scsts
e lnactn•e Raptor Nests
• Active Grouse Leks (2006)
• lnactin Grouse Leks (2006)
.. Grouse Occupied Habitat
CJ BLM
-
EnCana North Trunk #1 Pipeline
WestWater Engineering
Biological Survey
Miles (Scale I :24.0 00 )
0 0.25 0.5
)
)
Figure 2. The proposed pipeline parallels Divide Road and existing pipelines.
Raptor Nest Survey
EnCana and Wes tWater biolog is ts conducted rapto r nest surveys o n NPR during th e s umme rs of
2005 and 2006. Po te nti a l nesting habitat occ urring within 0 .2 5 mil e of the proposed a li g nme nt
on NPR and adjacent private la nd was surveyed in 2 006 . The primary habitat available for tree-
nesting s pec ie s in the project area consists o f as pen stands in th e heads of the East Fork and
Middle Fork tributa rie s of Stewart G ulch. No suitable habita t for cliff-nesting species exists
within one mile of the proposed alignment. Survey techniques included walking through suitable
ha bitat and v isua lly searchin g for nests, as well as broadcast playback of a G reat Horned Owl
ca ll. The Great Ho rn ed Owl call will often e licit a defensive response from ne stin g acc ipiters
(Sharp-shinned Hawk, Cooper's Hawk a nd Northern Go shawk) facilitating di scovery o f active
nests (Kennedy a nd Stahlecker, 1993). Table 1 lists species p ote nti a lly n estin g in the project
area, as well as habitat requirements and nesting records in Garfield County for those spec ies as
descr ibed in the Co lo rado Breeding Bird At las (Kingery, 1998) a nd Colorado Birds (Andrews
and Righter, 1992).
Westwater Engineering Page 3 of 9 pages 1/16/2007
Table 1. Raptor species potentially nesting in project area
Common
Name
Northern
Harrier
Scientific
Name
Circus
cyaneus
BOCC
Listed
y
Habitat & Breeding Records
•Grassland, shrubland, agricultural areas and marshes.
Nests in areas with abundant cover (e.g., tall reeds,
cattails, and grasses) in grasslands and marshes.
Also known to nest in high-elevation sagebrush.
-------------------·----········ __ ... ···---------• C()nfirmedlJ_rE)E)der_in9~rfiel~ Co_u11ty_ _ ---···-····--
Cooper's
Hawk
Accipiter
cooperii
Accipiter
striatus
N
• Cottonwood riparian to spruce/fir forests, including
pifion-juniper woodlands. Nests most frequently in
pines and aspen.
--·-----~Confirrried_IJ_rE)e~E)rin g!jr(iE)ld(;()~f1ty. _ .. . . -·-
N
• High-density young, or even-aged, stands of
coniferous forest and deciduous forests of aspen or
scrub oak with small stands of conifers.
Sharp-
shinned
Hawk
··--·----··----····----------········· . . . .. .. ............... .. ··-------... • (; ()f1!irrri ed .!Jreieide! if1 9;;ir(ie Id (;Otjf1ty,
• High elevation coniferous or aspen forest.
• Confirmed breeder in Garfield County.
Northern Accipiter
Goshawk gentiles N
·---·-------------·-----·-·····--···--·--· --·--------·; oiverse.iiaiJi!ai5iiiciLICiin99rass1ancis:iJifioii=juiiliJer
woodlands and deciduous, coniferous and riparian
forests. Nests in mature trees (especially cottonwood,
aspen and pines) and on cliffs and utility poles.
Red-tailed
Hawk
Buteo
jamaicensis N
----··----------··-·-----······ __ ................. _ -··-------. • Confir.rri_e_dlJ_reiei~eirif1(31Jr!ield(;()lJnty,_.__ .. __
Swainson's
Hawk
Buteo
swainsoni
y
•Typically, arid grassland, desert, agricultural areas,
shrublands and riparian forests. Nests in trees in or
near open areas.
---------------------·-·· ··-······-·-·---.. ·-·---------• (;011firnie?_ll_rE!e~Elr if1g_ar(iE)~~ (;_o_lJ11ty,_ _ __ _ ... __ ..
Ferruginous
Hawk Buteo regalis y
• Non-grazed to lightly grazed grassland and shrubland
with varied topography. Nests in isolated trees, rock
outcrops, structures such as windmills and power
poles, or on the ground (especially on hill tops).
• Nesting has been recorded in western Garfield
·---------------·-----···········-· .•....................... ····----------_<::Otjf1t}',___ ................. ---···---_ ____ _ __ _ -···· . ·-
American
Kestrel
Falco
spatverius N
• Coniferous and deciduous forests and open terrain
with suitable perches. Nests in cavities in trees, cliffs
and buildings.
·-------------------·--···········-·--· ··-·······-······ ·------· • (;o_nfi rrriei~_IJ_rE)edE)r_i_rl 9'3rliti Id _<::_()lJlltL____ _ . _. _ .
Flammulated
Owl
Otus
flammeolus
Great Horned Bubo
Owl virginianus
Northern Saw-Aegolius
whet Owl acadicus
y
N
N
• Dry, montane ponderosa pine, Douglas fir, and aspen
dominated forests. Also known to nest in old-growth
pifion-juniper. Nests in cavities in trees.
• Listed as a probable breeder in Garfield County.
• Occupies diverse habitats including riparian,
deciduous and coniferous forests with adjacent open
terrain for hunting.
• Confirmed breeder in Garfield County.
• Mountain and foothills forest and canyon country.
Significant use of pifion-juniper woodland and
Douglas fir.
• Confirmed breeder in Garfield County.
• Occupies mixed shrublands. Nests and roost in sites
in dense cottonwoods, willows, Gambel oak, junipers Long-eared
Owl Asia otus N and dense forest of mixed conifers and aspens.
·------· • -~is~9_<t~~pos~j.lJ~E3._ll_rE!E!.9.E!.011.~<l_rf_ie~?_(;_Cl_~l1tyc ___________ _
WestWater Engineering Page 4 of9 pages 1/16/2007
Table 1. Raptor species potentially nesting in project area
Common
Name
Northern
Pygmy-Owl
Scientific
Name
Glaucidium
gnoma
BOCC
Listed
N
Habitat & Breeding Records
•Aspen and coniferous forests at higher elevation. Also
uses pinyon-juniper woodlands.
• Listed as a possible breeder in Garfield County.
As part of the protection and management of avian species, the USFWS in 2002 published a list
ofBOCC. In a Memorandum of Understanding (MOU), the BLM, USFWS and U.S. Forest
Service placed the highest priority for conservation on birds included on the BOCC list. A
subset of this list includes a register of Birds of Concern for the Southern Rockies and the
Colorado Plateau, including western Colorado. The BOCC status of raptor species potentially
nesting in the project area is noted in Table I
Two active Red-tailed Hawk nests were identified within 0.33 mile of the proposed pipeline
alignment (Figure 1). Additionally, an inactive Swainson's Hawk nest and three inactive Red-
tailed Hawk nests are located within 0.25 mile of the alignment. The Swainson's Hawk nest was
originally discovered by EnCana biologists in 2005 and successfully fledged one young that
year. No activity was noted at the nest in 2006, but a pair of adult Swainson's Hawks was noted
in the area several times during the breeding season and was presumed to have nested in the area.
All nest locations are noted in Table 2.
Table 2. Locations and descriptions of raptor nest in project area
Species UTM UTM Distance from
Easting' Northing' alignment (mi.)
Active Nests
Red-tailed Hawk 741261 4392872 0.11
Red-tailed Hawk 743197 4393633 0.17
Inactive Nests
Red-tailed Hawk 740159 4392864 0.23
Red-tailed Hawk 740589 4392851 0.24
Red-tailed Hawk 742829 4393425 0.14
Swainson's Hawk 740620 4392558 0.10
"UTM coordinates Zone 128; Datum: NAD83
Recommendations: If construction activities are to occur during the nesting season
(1March-15 August) for species potentially nesting in the project area, areas of known and
potential nesting should be inventoried by qualified biologists early in the nesting season to
determine which nests may be active or locate new nests. Timing limitation restrictions should
then be considered and applied to all active nests that may be affected by construction activity.
These restrictions should be addressed on a case-by-case basis depending on the distance of the
active nest from construction disturbance and success/progress of the nesting pair. WestWater
recommendations for temporal and spatial restrictions for activities near active nests are based on
BLM stipulations (BLM, 1997), Colorado Division of Wildlife (CDOW) recommendations
(Craig, 2002), and literature review of nesting season timing for raptors in the Roan Plateau
West Water Engineering Page 5 of 9 pages 1/16/2007
region (Andrews and Righter, 1992; Kingery, 1998; Poole, 2005). Recommendations for known
species in the project area are summarized in Table 3.
Table 3. Timing limitations and NSO recommendations for active raptor nests
Species Buffer Zone -NSO Seasonal Restriction
Red-tailed Hawk
Swainson's Hawk
Greater Sage-Grouse Survey
0.33 mile
0.25 mile
1 March -15 July
1 April -15 August
Greater Sage-Grouse is BLM sensitive and BOCC species (BLM, 2000, USFWS, 2002). Sage-
grouse require large, continuous areas of sagebrush habitat on flat or gently rolling terrain with
vegetation dominated by sagebrush and generally lacking an overstory of mountain shrub or
woodland species. Suitable habitat on NPR is limited by topography to the divide between
Parachute and Piceance Creeks, as well as the long, narrow ridges that separate the tributaries of
those creeks. WestWater biologists completed extensive surveys for sage-grouse in the area of
the proposed pipeline in 2005 and 2006. These surveys included walking line transects,
searching for grouse and grouse sign (fecal and caecal pellets) and recording locations with
handheld global positioning system (GPS) units. Results of these surveys were used to map
occupied sage-grouse habitat in the area (Figure 1 ).
The majority of the proposed alignment is in occupied Greater Sage-Grouse habitat (Figure 1).
Additionally, the pipeline construction will occur within 0.25 mile of two sage-grouse leks (#210
and "New Lek") and within 0.33 mile of one other lek (#283). Leks are open areas in the
vegetation where grouse traditionally gather in the spring to engage in courtship and breeding
behavior. All of these leks have been found to be active during surveys conducted by CDOW in
2005 and 2006. The west terminus of the proposed alignment is directly on one of these leks
(#210). Occupied habitat and the three leks are shown in Figure I.
Recommendations: No disturbance should occur within 0.25 mile of an active lek during the
breeding season (15 March-15 May). Occupied sage-grouse breeding/brood-rearing habitat
should be afforded special consideration and protected to the greatest extent possible between
15 April and 15 July, especially that within 0.5 mile of any active lek in the project area. After
hatching, sage-grouse hens and broods often remain within 0.5 miles of the lek, particularly
during the time when chicks are small, unable to fly and, therefore, less mobile.
Sagebrush removal in occupied habitat should be kept to a minimum. Above-ground
appurtenances such as compressors associated with the pipeline should not be placed within 0 .25
mile of an active lek; if possible greater distances should be considered for any permanent
surface equipment/machinery. Every effort should be made to maintain the integrity of the
active lek sites and the surrounding landscape. WestWater biologists considered alternative
pipeline alignments to avoid lek #210, but concluded that less disturbance to currently existing
undisturbed occupied habitat would occur under the proposed alignment, which is parallel to an
existing road. Reclamation of construction disturbances should be planned, timed and
implemented with sage-grouse and sage-grouse habitat as the highest priority. Particular
attention should be given to reclamation at lek #210 and within 0.25 miles of this site. Re-
West Water Engineering Page 6 of 9 pages 1/16/2007
vegetation with native grasses, native forbs, and sagebrush (local site-specific Roan Plateau seed)
is recommended. Consultation with CDOW and BLM regarding best management practices
would facilitate protection and mitigation practices.
Aquatic Habitat and Wetlands Survey
The proposed alignment closely follows the divide between Parachute Creek and Piceance Creek
and does not cross any intermittent, ephemeral or perennial drainage. No aquatic or wetland
habitat will be affected by the project and no further survey is recommended.
Threatened, Endangered and BLM TESS Plants Survey
TESS plants that could occur at the elevations of the project area include:
Penstemon debilis (Parachute penstemon), a federal candidate;
Gentianella tortuosa (Utah gentian), a BLM sensitive species;
Lesquere/la parviflora (Piceance bladderpod), a BLM sensitive species;
Mentzelia rhisomata (Roan Cliffs Blazingstar), a BLM sensitive species.
The TESS plants in the Parachute and Piceance basins require relatively barren shale exposures
of the Green River Formation. Although snow cover prevented surveying for plants or suitable
habitat during the 8 January visit, WestWater biologists have surveyed this area in the past for
other projects including EnCana's 36-inch Piceance Gathering Pipeline, which parallels nearly
half of the proposed alignment. No suitable habitat for any potential TESS species has been
identified along the proposed alignment and no further surveys are recommended.
Bird Species of Conservation Concern (excluding raptors)
In addition to raptors and Greater Sage-Grouse presented above, suitable habitat exists for two
other BOCC species: Williamson's Sapsucker and Virginia's Warbler. Although the January
survey was not done at a time of year that these species would be expected in the project area,
WestWater biologists spent extensive time in this area during the breeding season. Virginia's
Warblers were noted in many nearby areas, but Williamson's Sapsucker was not documented.
The habitat requirements and nesting records in Garfield County are summarized for these
species in Table 4.
Table 4. BOCC species that may be present in the project area
Common
Name
Williamson's
Sapsucker
Scientific Name
Sphyrapicus
thyroids
Habitat & Breeding Records
• Mixed coniferous/deciduous forest at higher elevations, 2,300 to
3,260 m (7,000 to 10,700 ft). Nests in cavities in trees, commonly
in aspens or pines.
• Confirmed breeder in Garfield County in the vicinity of the pipeline,
-------------------------------------·----------~~~!:'.9~n~-~~--~~-9--~~~~-_i:~~-t~~!:'_:_______________________________________ - ------
Virginia's
Warbler
Vermivora
virginiae
WestWater Engineering
•Dense shrublands and scrub forests of Gambel oak, pifion-juniper,
mountain mahogany or ponderosa pine. Nests on the ground
among dead leaves or with rock or log overhangs.
•Nesting has been confirmed in Garfield County in the vicinity of the
pipeline, including on the Roan Plateau.
Page 7 of 9 pages 1/16/2007
Recommendations: No potential nesting habitat for Williamson's Sapsucker will be disturbed
by construction of the proposed pipeline. A small amount of Virginia's Warbler habitat will be
affected. However, these vegetation types are generally abundant in this area and the loss due to
this project will represent a small portion of the habitat suitable for this species. In order to
reduce the potential impacts on nesting birds, all brush clearing in sagebrush and mountain shrub
should take place outside of the nesting seasons. Nesting season is generally considered between
15 May and 31 July on the Roan Plateau.
Noxious Weeds Survey
Snow cover precluded weed surveys during the January visit to the proposed alignment.
Noxious weeds listed on the Garfield County Designated Noxious Weed List (Garfield County,
2002) were noted on NPR during the summer in 2006 in the vicinity of the proposed project.
These species include Canada thistle (Cirsium arvense), houndstongue (Cynog/ossum ojjinale)
and spotted knapweed (Centaurea macu/osa).
Recommendations: The proposed alignment should be surveyed during the growing season
prior to construction activities to identify areas of noxious weed infestation. All noxious weeds
discovered should be treated and monitored according to the Vegetation and Noxious Weed
Management Plan prepared by WestWater.
Westwater Engineering Page 8 of 9 pages 1/16/2007
LITERATURE CITED
Andrews, R. and R. Righter. 1992. Colorado Birds: A Reference to Their Distribution and
Habitat. Denver Museum of Natural History, Denver, CO.
BLM. 1997. Record of Decision and Approved White River Resource Area, Resource
Management Plan. U.S. Bureau of Land Management, Meeker, CO
BLM. 2000. Colorado BLM state director's sensitive species list. Information Bulletin No.
C0-2000-014. U.S. Bureau of Land Management, Lakewood, CO.
Craig, G.R. 2002. Colorado Division of Wildlife. Unpublished Report.
Garfield County. 2002. Garfield County Noxious Weed Management Plan, prepared by
Garfield County Vegetation Management and the Garfield County Weed Advisory Board.
Kennedy, P.L. and D.W. Stahlecker. 1993. Responsiveness of nesting northern goshawks to
taped broadcasts of 3 conspecific calls. Journal of Wildlife Management 57:249-257.
Kingery, H.E. (Editor). 1998. Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership
and Colorado Division of Wildlife, Denver, CO.
Poole, A. (Editor). 2005. The Birds of North America Online:
http://bna.birds.cornell.edu/BNA/. Cornell Laboratory of Ornithology, Ithaca, NY.
USFWS. 2002. Birds of conservation concern 2002. Division of Migratory Bird Management.
United States Fish and Wildlife Service, Arlington, VA.
WestWater Engineering Page 9 of 9 pages l/16/2007
)
' . : (f ·; North Parachute Ranch (NPR)
..... !" • . Reclamation Plan
•
)
TABLE Of CO'.'TE~TS
!~TRO DUCTIO'.'< . . .. . .. .. .. . . ..... . . . . . .. . . .. .. .. .. . .. .. .. . .. .. .. ... . . . . .. .. . .. . .. .. .. . ..... .... ... .. ..... .. .... . .... .. . .. .. .. . . .. . .. . .. .. l
H.-\C K(;KOL:\'U ............................................................................................................................ l
Climatic Zon"s within th" SPR ...................................................................................................... l
Upp er Zone ..................................................................................................................................... :!
Middle Zon., .................................................................................................................................... 2
Lower Lone ..................................................................................................................................... 3
RECLA:-.IA TION CHALLESGES A'.\'D AVOIDA:-ICE REC0:-1'.\.IEND.-\ TIO'NS .................... S
RECLA~!..\ TlO:O.: CONSIDERA TlO:\S ........................................................................................ S
Timing of Re-vegetation \\ ·ork ....................................................................................................... S
T opsoi I Hand Ling ............................................................................................................................ 6
use of rcrti lizer ...... " .. " ....... " ..... " ... " "" ..... " ... "" ......... " ..... """ .. "" .. "." .. """ "."" . "" ... " " .. """ ..... 6
U sc of M ulch ................................................................................................................................... 7
Use of C erti lied Seed ...................................................................................................................... 7
Harvesting Loe a I Seed .................................................................................................................... 7
Seed Testing .................................................................................................................................... 8
1 nuculation of L~gumcs .................................................................................................................. I!
f noculation of Sterile Soils .............................................................................................................. 8
Dctenninatiun of Pure Live Seed (PLS) ratio ................................................................................. 8
SEED MIXTL'RE RECO:. t'.\.IE NOA TIONS .................................................................................. 9
Reclamation Monitoring ............................................................................................................... I I
Weeds..... . . . . . . . .. . . .. . .. . . .. .. .. .. . ... .. .. .... .. ..... .. .. .. .. . .. ... .. .. .. .. . .. .... ........ ..... . .. .. .. • .. ........ ... .. .... . • .. . .. . . .. . .. . •. . 12
RE FERE l'iC ES .. . .. . . ...... .... .. ..... .. •. ... . . .. .. . .. . .. .. .. . .. .. .. .. .. .. . .. ... ... . .... . . .. . .. ... . .... ..... • .. .... . ... .. . . . .. .. . .. . . . .. .. . 16
)
)
l'ffROOCC TfO.\
Thi::; documcnr is a rc c lamali l)ll gu ide fo r us e in res wration otl:rnds on C:ncana ·s \'orth Parachu te
Ranch. where oi l and gas devcloprnent activities h a~e disturbed the su rface by the con st rucrion
oh\dl rads . road..;. ;u1d rip,,li111.'' Gncan:i ha :; asked \\.'cst\Vater En gineer in g to prov ide
recommen dation s tha t will facilitate initi al re-veg etarion an d re -e stablishment of narural
succ ess ion of native pl:.int species. This plan is based on th e combined knowkdge of
We ~t Watc r ·s hin lngists (\lichac l W . Klish . R1i:;ry Rob erts and 8i ll Cla rk), \vho have pe rsonal
exper ienc e in the proj ect ar ea vicin iry that spans mor e than 30 years each. and available l it craturt:
provided in the refe rence sec tion .
Enca na 's land us e o bjecri,·e for the \'orth Parachute Ranch is to re -e:-;tablish a se l f-s uswining
ve getation cover integra ted ,,.1(11 the surrounding ecosystems. The plan is a .. working document"
;ind :a 1bject to am endm ent an<l revisi on ba:>c d upon n c\V infom1ation and ch<tnges in l and use at
\PR.
The reco mm e nda tions i nc luded herei n apply to d istu rbances 011 upland p lant co mmunities .
Recommendations for 1,,vctlan d habitats ar e not incl ud eu as disturbance to th ese pl a nt
comm uniti es are expected to be min1111al.
T hi ~ document provides recornm e ndat ions fo r the fol lowi ng major subject areas:
(I) R ec lamat ion C ha llenges and C ri tic al Arca Avoidanc.::
( :?.) Reclamation
(3) i\PR Se ed Mixtures
(..:t) R ccl:.l rn ation \[o nitor in g
BACKGROC:'iD
Climatic Zones within th e \i PR
Thac are thrct: c limatic zones \Vi thi n the :\PR and a re ri.::k 1red tu as the uppe r, \l iJJk aml
Lo,vcr Zones. Sim il ar precip itation p;rn crns, s oi ls and plant co rnmunit ies ex ist \Vit hin the thr et:
zon es . The Upp er Zone co nsi srs of l:rnd ::; above the rirnrock esca rpment of the Roan Platt:!au at
devat iuus between 7 ,5 00 tu 8,500 b:t; e."1.cluui11 g ~l op e s gre ater th an 20%, so uth lac i ng areas.
The Midd le Zo ne consists of lanJs bet \veen the escarpment of rhe plateau to the toe of the slope
along th e va ll ey tloor s a t elevation::; between 7 ,500 and 6,000; inc lud in g steep, so uth fac in g
s l op~s abovi.: 7,500 fet:l. The Lower Zone co ns is ts o f the lov.:er rerraces and floodplain s a long lh e
valley bottoms of the major draina ges below e levations of 6,000 fee t. Th e location of NPR is
shown on Figure I (attached), a ~005 aerial phot o shO\v in g the general loca tion s of th e Upper,
tvl iJuk anu Low e r Zune'.:i .
l\PR Reclamat ion Plan t\lay 2006
:
lpper Zone
The lippi:r Zone recei"·es 16 to 25 inches of annu~J precipitation. A n1ajority of th~ annual
precipitation is received during non-growing season (late falL\, inter). Primary plant communities
in the U[Jper Zone are :Vlountam Big SagebrushiWheatgrass and Upland Deciduous
Shrub."\\/h2:itgr:1S$ shrubL1nd:; -..:.·ith :;rnallcr occurrences of A~pt:n and Douglas Flr forest~ and
riparian shrub. tree and wetland habitats.
The plant CL)n11nunitics in the Upper Zone have the greatest diversity· of plant spcci~s.. i\{usr of
these species have adapted mechanisms for establishment and survival in the presence of the
competition exerted by other species in the cornnmnity. Tkse communities are dominated by
short-lived ~ool season bunch grasses, \~'hich arc an nnportant factor in providing int...:rspaces for
establishmem and maintenance of forbs and shrubs within the community. Some of the m0Jnr
species in the L'pper Zone arc listed in the following table.
Maior Native Plant S iecies within select lJooer Zone Plant Communities
Grass/Grass like Forbs Shrubs
Letterman i\-eedlt;!gn1ss M-ountain Lupine ['vl0untain Biq: Sa!!cbrush
Colombia t'eedkgrass Silkv Lupine Ante loQef:l_itreibrush
Slender \Vheatzrass Rocky Mtn. Pensternon Mountain Snowberry
\.[ountai n Bron1c \Vatson P~nsren1on Low Rabbitbrusli
'ioddin.g Brome I Sul ohur Buckwheat Utah Serviceberry
American Vetch Gambel 's Oakbrush ------------------(Jreen N ecdlegrass '
ldaho Fescuc Western Yarrow Chokccherrv
. i
·------
Elk Sed<zc l,[anv-Flnwerecl Phlox R,~d EJd,:rbeny -
I
--··------'
Basin Wildrye Arrow leaf balsam root -----------
Blue Wt ldrve _____ _j ------·
L'pper Zone Summarv
Soil.-; \J,.:ithin rhi:-> zone arc prirnarily loa1n textured sods \vithin the Parachut12-Rhonc-lrigul s~ries.
These soils arc mostly well-drained, cool soils wtth dark-colored, organic-rich surface layers
derived frnrn shale and sandstone. Soil tc.,rurcs above the rim are generally loam with loam to
clay \oan1 sub-soil~ and range in diepth fron1 <20'.on ridges to >60" in S\Vale~ .. \II of th..: upland
soils above the rim are in low to medium erosion classes (Bl\!, 2004, Fox, el al., I 97Ji.
Middle Zone
The \liddk Zone receives l 3 to l ~ inches of annual precipitation. A majority of the annual
precipitation is received during non-growing season (late fall/winter). A significant portion of
this zone consists of unstable slopes that are relatively barren of any vegetation. According to
fox, et al., l 973, these barren slopes are fairly erosion resistant if undisrurbed. Primal)· plant
communities on more stabk slopes are Bunchgrass/Forb Open Grassland, Upland Deciduous
Shrubi\Vheatgrass shrub!ands, Pinyon/Juniper woodlands and Douglas Fir forests. These
cotntnunities are do1ninated by cool season bunch grasst:s.
NPR Reclamation Plan 2 May 2006
Ma1or Native i!'lant Species within se cct Yliddle Z-0ne Plant Commumties l
Grass/Grass like : Forhs Shrubs
Bluebunch v\'heatgrass -~fnnged Sac;e (Half-Shrub) L'tah Serviceberrv
I fndian tZic~grass : \VJtson Penstcrnon ?\·fountain Big Sagebrush
Thick>pike Wheatgrass r Sulphur Buckwheat Antelope Bittcrbrush --
Green i'ieedlegrass f \\·estem Yarrow ! Mountain Mahoganv
;-Junegrass I Lcw;s Fla.x i Gambel's Oakbrush
-~·~-------~--
8 a; tn WilJr;e i S1IL; Lupine I :Vf0unta1t1 Sno;;bcrn
Elk Sedge ~------Utah Sweet\ etch i L,~vv /{<l:bbitbrush ,
~---------~
'fiddle Zone Summary
The area below the rim encompassing the cliff'.>, talus and steep colluvial slopes at the base of the
cliffs are derived fro1n the'. c;rccn Ri1..:cr shale. Bclo\v the cliffs und talLlS is a Lune u( soils runnc:d
from colluvium and Wasatch Formation. Soils are shallow, poorly dcvelopccl and there arc man1
rock outcrops and badlands. BaJlan,b are steep, nearly barren areas dissected by many
t:phe1neral drainages.
Soils on the upper slopes of this Lune havt: a
thin, organic-rich surface layer and little
development of soil horizons. Soils on lower
slopes are shallow lD moderately deep and arc
well-drained. Surface texture is loam, clay
loam. or silty clay loam with variable
.~ d[!IDUnlS of gravel, cobbles and boulclers,
.. ,,, · · .. ', :·;· .-talus slopes and colluvial slopes below rock
Badlands o-f the 'tlfasatch Fo(rnation . ~ outcrops_ Solis are 1noderate to highly
'--------------alkaline. Sub-soils usually have higher cl<1}
content and are calcareous. Erosion h<llard is usually severe (8LiYI, 2004).
Lower Zone
The Lower Zone receives I 0 to 13 inches ol' annual prccipirntion. A majority of the annual
precipitation is received during non-gro\ving sea:-;on (late fafl.\\.'intcr)_ This zone contains sornc
ot'the most arid sites. Primary plant cornmunrties in the Lower Zone on benches and tetTaccs are
Wyoming Big Sagebrush'Wheatgrass shrublan,1s grading to salt desert shrubs lrkc fourwing
salrbush or shadscale on the m<H arid sires. The tloodplain communities include Basin Big
Sagebrush,.Greasewoocl shrub lands on old floodplain terraces and strearnside riparian woodlands
with cottonwood or box-cider habitats. Cool-season bunchgrnsses or cool-season sod-forming
grass~s or both dotninat.; plant Ct1n1111unitie~ in the l.o\l.;er Zont.:
>:PR Reclamation Pbn 3 \-lay 2006
'
!
\lajor Native Plant Soecies within select Lower Zone Plant Communities
Crass/Grass like I Forbs I Shrubs I '
Western Whcargrass ' Hoods l'hlox I Wyoming Big Sagebrush
Indian Rtcc:-QrJss Scarlet Giob~1naiio\-i.: ! Basin Uif! SaQebrus.h
\cedle-and-Thread Grass i Utah Sweetvetch ! Greasewood
B\Jttlebrush Squirrclrail i S ilverlcaf Lupine !, Rubber Rabbitbrush
Juncgras.s Lewis Flax I Antelope Bittcrbrush
S.'~f!_qberg Bluegrass Lone:kaf Pillox Low Rabbitbrush . ---·--··-····---->-----------------------··· -·-
Bluebunch Whear~rass Thickkat· Pcnsremon Broom Snakeweed
B<lsi11 WilJrvc Winterfat -
Shadscak Salrbush
Four Win§' Saltbush
Riparian Habitat in the Lower Zone
Streams are narrow and low and high points in the annual hydrograph are widely divergent.
Riparian plant comrnuniries below the cliffs are deciduous woodlands on lower stream terraces
and tloodplains dominated bv Fremont cottonwood at lower elevations and narrowlcat·and box-
c!der at higher ekvations ur to the escarpments. Mature box-cider woodlands with a dense
undcrstory of shrubs including river birch, alder and red-osier dogwood dominate the lower West
Fork immediately below the \Vest fork falls. The Cast Fork woodlands may include Douglas
fir \Vnndy plant diversiry is grear~st in undisturhed riparian hahitat in this ?one.
1 . N . Pl I\< aior L at1ve ant s .oec1es wit 10 se ect L ower Zone Riparian Communities !
Grass/Grass like Forbs Shrubs/Trees I
Inland saltgrass Western white clematis Fremont cottonwood I
'.
Foxtail barley tvlarsh-cldcr Narrow leaf cottonwood I ------
:\retie ru:Jh Wild licorice Box-elder : I ~---·-
i S1,vitchgrass I .. ~. [\Vrld mint _jllac~chokecheny I --~-
\Vestem \v heatgrass 1 Brook cmqucfo1! .l Skunkbush sumac
! \VouJ's ru:::.e Prairie cunJ~ra::is ! Canada goldenrod
! Golden currant
i Sandbar willow
I i Peachkat'willow
I
Lower Zone Summary
Soils in the lower zone are calcareous. moderate to strongly alkaline, some highly saline, loams
and silty clay loams on benches, terraces and alluvial fans. Floodplain soils are sandy loam or
loam stratified with sand, grawl or cobbles derived from shale or sandstone. Soils formed in the
alluvium are Jeri ved from sandstones, shales and marls and appear on benches. terraces, alluvial
\PR Reclamation Plan :Vlay 2006
)
)
fans an d tlol1dp la ins in the LO\l c r Zone. S ur face tc:xtur;;: ranges from loam and sandy loa111 to
c lay loa m with s u b-soil:; ot· sandy loam to clay (F ox. et. al 197.3 and OLM , 2004).
RE CL.\.\L.\ TIO \ Cl l.-\L LE\GCS .-\~ D :\VO ID.\.:\CE R ECO .\·l\I E ~D :\ T I O:\S
\orth Parachut.-: Ranch rrcscnrs e '(trcrnc re eta ma ti on c h,tl k nges fro m a bro ad ar Ta y o t" c I trn a te
and geo m orpho logica l fo ctnr<; inhaenr to the sit;!. The se factors o ft en act synergistical ly and
rnc:rca sc th e ncg :Hive effe cts c.xponctitiall y. T ht!se factor s in cludt:!:
o Steep slopes and potenti:.il for so il mov ernent.
o Effec ti ve soil rnoistur.:: iss ue s i nc ludi ng timin g of scec.li ng to co incide with natu ral
pre ci pita ri on.
o Di fticulty in re-contou r ing to bknd with extreme sl 1Jre s o f n atural topog raph y.
o Thin so ils due to infertility fr om slore. exrosurc and soi l source materials.
o Slumps (in stabi lity, diffi culty in holding s lopes).
o Difficul ty preventin g e-;t:ib lish rn ent o f noxious weed' in cbt1 1rhc d land .
o Ripnr ian areas es peciall y those dlrn1i11 ate d by mature cottonwooc.J sibox -dda.shrubs (du e:
to w il d life and watei-qua licy va lu e and long-tenn ne eded to establish larg e trees).
Su ch are as. if disturbed , arc ve ry l ike ly to require more timc and e xpense to effective ly reclaim .
For c:xarnp le. riparian woodland and s hrubland d isturb an ces may req uir e in sta ll ation of li ve plan t
ma t<:!rial s in th e fo r m of containcrized tree s and shrubs. ln;;tallation and three years or· carefu l
overs ight and wat er in g of the s e \\·o ody srcc ics to ins ure su r v iva l is far more costly t han
dis 1urba ncc on sites, \vhic h ca n be s uccessfully re-seede d.
In add ition to s uscepti bili ty to ero s ion and sediment µrnb krns, diffi cult, listed nox ious wecds
a lso prese nt a recla mation ch alkn ge of hu ge proport ion s. for tb..::se reason s, it is recommend ed
li\·t::stock g r:i 7.ins be postpond inJdinitely. Canada thi s tl e on the W es t Fo rk and ho und s ton g uc
on the East Fork se r ious ly threaten r ipar ian pl:mt commun iti es. 11oth problems arc exa s perated
by grazi ng of livestock upstrc:am from \PR property. Prudence suggests reduc in g the problem
as mu ch as po ss ible: and one k1.:hn iqu <:! for sl0w ing th~ sp re ad of in va s ive wccds is ro re move
li vc::;rock . Livestock decrease na ti ve plant ab il it ies to compete with inva s ive s pe c ies . Livestock
c:rn physically move weed seeds aro und th e property in their coa ts or by in ge sting and excret ing
viab le \Vee<l se c:d s.
RECL..\..\.lA TlO~ CO~S lO f.R A TIO~S
Thi :; sect ion provides reco mme ndat io ns for ac tion s that shou ld be taken in conj un ct ion \.Vi th
see din g of sit es unde rgoing rccb1mtion.
Timing of Re-vegetation Wo rk
Timing of re -vegetation is crit ical to the s uccess of the work . Replacement of top so il sho uld
occu r jus t prior to re -seedin g co preve nt ea rl y ge m1 inat ion and estab li shm en t of high ly
co mpetitive annua l \v ee <l s . In near ly a ll cases, re-vege tation should occur as quic kly as possibk
NPR Rec lama tion Pl an 5 May 2006
after topsoiling. in order ro tnaintain soil nutrients and 1nicrobc levels, discourage \veed invasion_
and control erosion.
Re-seeding should be rimed ro coincide immediately prior to the secio;on of greatest precipitation,
late fall. winter. Seed of many native plant species require a period of treezing temperatures prior
optimum for establishment and survival of the seedling. Abo, several native species, such as big
sagcbru:-;h_ begin their s!o\1,.· gt:nnination process under snO\-V cover.
Ideally, topsoil replacement should occur in late August and September followed by re-seeding
in lat~ Scptc1nhcr to early Dccen1her prior to frcc1ing soil surface. Ifrc-rcgctation occurs too
e;irly. seeds are suhjcctc<l to unncces.;;;:iry cxp0'511rc to seed prcd:nnrs ~ind sroil:i~t~. If it occ11rs rno
late (spring planting). seeds and plants 1nay encounter insufficit:nt 1noisture to genniriate or to
survive after gcnnination, and \viii be faced \.Vith higher con1petition fro1n annual \veeds.
Topsoil Handling
Proper handling and storage-of topsoil is critical to successful re-vegetation, especially in the
case of re-establishing i1nportant native plant species on di~nirbcd areas_ The topsoil contains soil
microbes (bacteria, micorrhiza, invertebrates) and seed banks of viable seed for the native plants
present on the site-. :\lany native p !ant species depend upon the J.ctivity of soil inicrobt:s for
g~rn1ination in so1ne instance~ and tOr establish and survival of 1no~t seedlings.
Topsoll is usu~lly strippt:<l frotn a sit-2 and stored in the srnal!est place possible in deep, unstable
piles. Stockpiling topsoil in deep, unstable pib for long periods (over 30 days) results in the loss
or limitation of topsoil microbes and viable seed. This is especially so where soils arc stockpiled
1nore thun severul t'eet in height and biological acti\·ity is diminished tforn lack of oxygen.
Topsoil should be protected from erosion and weed invasion. Topsoil should be stockpiled m
piles no dt:eper than~ l~et \\·ith stable slop12s and be position~d to n1initni;:c exposure to wind
and water erosion. Topsoil piles stored for longer than 30 days should be immediately seeded to
provide cover to reduce erosion, provide competition for weed species, and to maintain viability
of the soil fungi and 1n1crob~ con1tnunitics. Sc-.,. .. cral fi1st gcrrninc.tting sterile: cover crops
(''Rcgrccn" and --Quickguard"") are commerci<tlly available that should be used for short period
storage of topsoil. Topsoil stored for more than one growing season should be seeded with one of
th~ r~co1n1nendc<l :>ced mixes based upon the zone th~ site is in. Lf::;ing the reco1nn1cnJcJ seed
mixes on long-term storage pi ks will help maintain biological activity amJ provide a seed bank
of viable seed. [flung-term stockpiling or deep stockpiling can not be avoided, application of
rnicorrhizal inoculants (s..:c section bclo\1.·) (nay be b~ncticiaL
Use of fertilizer
Use offe1iilizer should not be used in the reclamation of arid or semi-arid sites. These areas arc
typically at high risk of invasion by c~otic annual weeds, almost all of which arc favored by
higher kvels ofnitroge1L Native western species are well adapted to the low ferrility of soils in
these areas, There are many cases of severe weed int'cstati<1ns. which are directly attributable to
C:PR Reclamation Plan 6 \lay 2006
additiL)ll of nitrogen. !11 addition to th-: cunsidcr;_ibl-~ cost incurred, the routine use of fertilizer
may \-veil trigger prob!cin:-> \\·Lrh undcsirabl~ annual invaders, \-vhich can be essentially in1possiblc
to correct.
lse of .\[ulch
['.[ulch shoulJ be useJ only where there arc specific indications for its application. and not as a
rout1n~ elen1ent in recla1nation. It rnay be useful in \Vetter areas or on extremely steep areas
v.:h~rc severe erosion potcrHi~tl exists_ ()n drier uplanU art>a:-> d1ere are a nun1ber of potenti~d
problems. These include: wicking ot'soil moisture leading to increased evaporation, alteration 01·
cJrbon: nitrogen ratio~. attrJct1011 ofro<lenr and invertebrates to sc\?d and seedling predators. and
plant cotnpctition frotn grain or \VCt:d seeds 111 the tnulch_ \\lier~ nlulch is used, iris i1npcrativc
that it be n~uined either by mechanical crimping.application of a tackifier, or with netting. These
materi<lls and the time required for their appl1cat1on add substantially to reclamation costs.
Lse of Certified Seed
The t\vo rypcs ofce1tifiL<l sceJ arc "81ue ·ragged Certitled Sel;'.d" and --\{ello\v Tagged Source
Identified Seed".
C_'crtified Seed (Blue ·rag): Se~d C('.rtificarion is the rncan~ ofn1J.intaining the pedigree
(genetically pure s~ed) of a specific variety' of seed. Each state llas a seed certifying agency or
crop irnprmement association that certifies seed. Blue Tagged Certified Seed must meet high
purity and ge11ninarion standards and have a lo\I; \\.'eeJ content. usually less than 0.15 percent.
Blue tagged certified seed can not contain any prohibited noxious weeds of the state ot·
certitication. \[any native species are now available in certitied cultivars and in most cases the
ccrtifi..::d cul ti vars are lo\ver cost.
Source IdertiC1ed Seed (Yellow Ta~): There is a strong market for native plant materials, but
rhcrc n1ay nut b~ ccTtificd ccotypcs availab[(; du~ to a lack of breeding, lo\v supply, or high cost
w produce, or unreliable demand. In most cases, native plant material should be acquired from
harvest areas with the same or higher latitude of the area of intended use. State seed laws only
require that the actual stale of ongin be on th-:: label. To receive sc~J fro1n the area you d\;!~ignate,
it is advisable to request "·Source [dcntified Seed" in order to ensure that a certification agency
has verified the exact locanon from which the seed was harvested. Source Identified certification
i:i in place in Colorado, Nc\.v i\f.::_-.;:ico, tJtah, \.Vyoining and J\.lontana. 'f'c!!o\V tags du not
guarantee that the seed is free of noxious weeds. Buyers should refer to the vendor's label for
analysis and weed content, or better yet test the seed themselves.
Harvesting Local Seed
Plant species commonly displav rnnsiderablc site adaptation and variability. Thus seed collected
far from its eventual planting site often does less well than seed ofrhe same species collected
closer to the planting; site. \lost professional seed suppliers record the colkction site, and it may
be possible to choose seed that is from locally adapt~d plants. f 1· sucl1 seed is nuL available, 1he
possibility of contracting with collectors to obtain local seed should be investigated.
!\PR Reclamanon Plan 7 May 2006
Seed Testing
Testing seed is the: only \vay to insun:: lhe l1ualiLy ot'Lhi::: se~d (puriry' and viabiliry) and that no
undesir::ibk species are present. Purity rests will show the percentages of crop. weed and inert
matter (material other than seed such as sterns or chaff). and show if the percentage of each
sp~cics in the u11.x.. tueets die sl<.:n1U;in.ls ord~red. The tenns gen11inati0n and viability are
sometimes used interchangeably, but do not have the same meaning. A germination test will
detennine how seeds perfonn under favorable conditions: however, some seeds are dormant and
du nut genninatc even though they ilrc :-iLill alive. Donnanr :-;eeds havt: the potential to genninatc
ifdonnanC\ is broken, usually through time anc[;or physiologic,1! stitmdus. A viability test will
show the sum of the percent gcnninated and percent dormant seeds in a seed lot, providing
infonnario11 011 the putenti;__tl gennin:.uion ofth-c lor. Proper seed ~atnpling is vt:ry' i1nportarH. The
test results received can be no better than the sample sent in. Samples should be sent to a seed lah
that tests according to the stanJards established by the :\ational Association of Official Seed
Certificatiull .-\.nalysL:-i.
Inoculation of Legumes
\lost lcgu1nc seeds should be treated \Vith con11ncrcially available Rhi?:ohillfn inoculants ro
ensure that they are abk to make best advantage ot'thcir capabilities for nitrogen fixation
Legumes included in seecl mixes arc: American Vetch, Ciccr's Vlilkvetch, Sarnfom. and Ltah
Sweetvetch.
Inoculation of Sterile Suib
Arbuscular mycorrhiza (ti.mgi) arc coniponents of live topsoil and fonn symbiotic relationships
with plant roots. There arc two types and they arc especially cntical for plants in infettile soils
or drought prone areas such :.i.s those found on NPR. In n1ost cas~s on {';PR .. , cndornycorrhiza
should be used ro inoculate the soil since this is the type of fungi that associates with herbaceous
and broadbtfcd woody plant:;. !fconitcrous speetes such as pinyon pine, Utah juniper. or
Douglas fir arc prescribed in reclaination, an cctornycorrhizal fungi \vould a\::;o be desirable.
Improperly smrcd topsoil and areas with little or no topsoil should be treated wtth commercial
rnvcorrhiza (Barrow, 1995). Mvcorrihiza! inocn!ants are available in two fom1s: as a 2ranu!ar . . -
fon11 for application during s~cding, :ind as a ro\.vd..-::r for coating of seeds prlor to seeding.
Granular forms are typically applied at a rate of20 lbs/acre and powder inoculents are appltcd to
the seed at a rate of l !bs.-acre. When broadcast seeded, the granular fonn must be incorporated
into th~ soil \Yi th s~e<l by harro\vi ng.
Determination of Pure Live Seed (!'LS) Ratio
Before a seed application rare can be determined it is necessary to determine the percentage of
pure live seed (pis) in the supplied seed. Seed may contain weed seed, seed of other species,
cha ft~ sand, and other inert material, and broken seeds. PLS equals the percem purity times tk
percent germination. Most species are sold on a PLS basis. with the price adjusted accordingly.
When given a choice between buying on a PLS or bulk basis, PLS is always preferable. Less
'-:PR Rec!otmlion Plan 8 May 2006
c.xrcn:-;1\.:e sc-cd.'i \>..:ith [o\vcr purity Jnd g~nninarion 1nay actually cost inure on a PLS basis than
nHJrc cxpcn:-;ive ~eeJ_
§ttD .HIX Tl RE RECO;\L\IEi'iDA TIO:\S
The following seed mixtures 1ncluck natiw grasses that I) pro1idc good soil protection, 2) are
nor mcrly competitive to allu\\ natl\c forbs ar1d shrubs to repopulate disturbed areas, and are
cornincrcially avai!abli..: in quanriti..:::) fr1r :-;n1all acre.age projects. ~lountain big sagebrush is not
included in the mixture as ir is cxrcctcd to repopulate disturbance from undisturbed stands
(anticipated disturbances arc small linear). Sagebrush also requires a diftcrent seeding strategy
(broadcast on froz~n soil or on early snov.,: cover). ,-\ctivitics that result 1n rcn1oval of areas
greater than 5 acres of sagebrush. and are not within I 00 feet of sagcbrnsh to provide seed source
1nay need to have sagebrush included in the seed mixture.
----
Recommended Seed Mix for Upper Z11ne Disturbances
Specie~ I Varien> (rnltivar) . S".edin!2. RateJ_!_'~~.-<-!~IO) __ J
~:L(~~~~e~$,~·~··-~-
i Slender Wheatgrass
----~~----~~~~~~---·----
\IOlmtain Brome
: NoddinQ Rrntnc
Idaho Fcscue or
San Luis
l .ettcnn;1n ·s ~~~cil~_g~~~:~-~~--
Forbs --~-~~-· ________ _
Rocky tVltn. Pcnstcmon
: Ciccr "vlilkvetch
Utah Swcctvctch
Western Yanow
_A.n1eric:tn \'etch
--~------
Sl1rub~-------------------_
Antelope Bitterbrush
' *Pure Live Seed
;\PR Recbmation Plan
3.0 lbs
2.0 lbs
2.0 lbs
__ 1. __ o _1 b_s __ . __ _j
--·----··---------~----·-----~-~~---
1.0 lbs
1.0 lbs
f 1.0 lbs r-------------;
0.5 lbs r 1.0 lbs
20 lbs
Total 14.5 lbs/ ls/ac
9 May 2006
!Recommend£d Seed Mix for l'lliddle Zone Disturbances ~-! ______ ~ p e ci es ! VarieW (culfrvar) I Seedino Rate (PLS''/Ac)
Slender Whcarn:rass
Blucbunch Wheatgrass or
Bcardkss Bluebunch
Thickspike Wheatgrass
I P-7 preferred, Goldar
1.-\nJ[LHH.:, ur \Vhll!ll<.if
I Critana
I Rimrock
, .. ,,,. ____ -, ...
3.0 lbs
2.0 lbs
2.0 lbs
l.O lbs [ndian Rice~rass
Vi1tl1s · ~=.=..:..'-"'-"-'"''~··~~~~~·~-'--="-2.:'_ -'-'-'-~ ----'-----. -'---------· _._· ·_-. _ _,_ ___ . ~=~-
Rockv \ltn. Penstemon I fl lbs
Utah Sweetvctch I 1.0 lbs
. .l
i
Western Yarrow i 0.5 lbs -· ---------------1-----~~c::.__-------~
Cicer \lilkvetch I LO lbs
American Vetch I 1.0 lbs
'~·"-t'-'l:'-'::"-t~~'":~°'-ire-"tl-'~~'-'·~;=~~~\-~~ g~~-~a~n·5~·-~~· ~~~·_~·_·~-_""+~·_·=·--'~~~~~~~~------• . :~;:"-~=-=~:c --:-~:--·-1
, Four-wing Saltbush Rincon 1.0 lbs I
: *Pure Live Seed Total 15.5 lbs pls/ac _ _J
!Recommended Seed Mix for !Lower Zone Disturbances t
-----····--Species ___ ! __ }'_:l_rietv (cultivar) Sreding Rate(PLS*/~_c)_ __ j
f~i'f1_Ss~~'"'--·c-~· -c..c~~-~---------·----·--·--·
Western \Vheatgrass I i\rnba
: '.\eedle-and-Thrcad Grass
i Thickspike Wheatgrass I Critana
P7 preferred, Goldar_
' Anatone or Whitmar
3.0 lbs
1.0 lbs
2.0 lbs
2.0 lbs
1.0 lbs
Lewis ~lax ---·-·--------·-------____ _ -~L 0.' lbs
_ s!li·i·h~ ,, , .. _-_,. ,. . .. . -~~--~ :-: .. ,~·~,·· ...• _., '''·''·
: Rubber rabbitbrush : l .O lbs
I Four-win~ Saltbush ! Wytana l .O lbs
I Gardner Saltbush andior 1.0 lbs
' Shadscak Saltbush
.· -
i *Pure Live Seed Total 14.5 lbs pls/ac
><PR Kecla11l3tion Plan 10 May 2006
I
Recommended Seec!__oVlix for Lower Zone Riparian Disturbances
i ··-·· -.---~ecies__ Varietv (cultivar). __ J_Seedi~gR,ate (PLS*/Ac)
__ Q1~'.!sse:-; _ ~-'--0.~'-·--'--· __
\V~stem \Vhc-aturass
Bluebunch Whe<Jt~rass
Basin\\ ildrve
· Canbv R~ue~r:lss
fl>!:IJ). ,-----
: Western Yarrow
L'tah S1..\ c~tvetch
: Scarlet !!f 1Jben1a!Jo\v
.')hruhs
Fourvvin:,,i; saltbush
. .\rriba 3.0 lbs.
2.0 lbs.
2.0
0.5
________j
0.5
LO
05 ----j
--------------------·--J
-+-----C.1 _.o _____ I
0.5 SkunkbLish Sumac
*Pure Live Seed Total l LO lbs/ ls/acre --·--------------------~~-=c___c.c._c.__=_.L.c._~-~
.!\.ttached as 1n A.ppendi\ is the table Reclamation Seed l\lix Preferred Species for l\orth
Parachute RJnch Plant Communities. t°nCam Oil & Gas (USA) fnc. listing potential species
:iuitable for :-~clainc.Hion \\·ork on NPR .. The !i:it is provid(J to account for site diversity', unstable
prices and a',ailability of plants useful for reclamation. The table can be used to replace a single,
unavailable .;pecies or to develop a cornpkk seed mix. Of great importance is the soil texture
adapration 1nt'onT1atio11 in the A.ppcndix. Species \Vith vvidc ranges oftolera11ce (i.e., species \vllh
adaptation ratings of mostl'y tVI os and threes) should be selected whenever possible.
[t 1s neccssai) to adjust rile total lluinber of::.ieed:::i plar1teU rcr .'iljUan.: !"out tu precipitation, soil
moisture and texture. slope and aspect. In the l.011er Zone and riparian terraces frwer total seeds
per square four will likely yield better results 1f seedling plants arc not over-whelmed by total
numbers oCplants. In the Middle 7.cn1c of NPR, more seeds can be planted due ro generally
higher precipitation and better soib in locali1cd areas. while Upper Zone precipitation and
deeper soils ',•,ill successfully sustain higher numbers of seedlings per square foot.
Grasses ha'c consistently pcrfonned better than forbs or shrubs in land reclamation. i'vfore
.species of g1·Jsses shuuld be in a mix than forbs or shmbs c-.:.cept in the case of shrub-only
plan[ings. Species s~lccrcd and the nurnber of seeds per square tOot a!loca[cd to that species are
based on soi'., zone, and experience in sitnilar .situations 1..vith other plantings. Cfcncrally. Lo\v~r
Zone and ri;iarian area rcc.:ipcs should have ~\i.:cr species of plants in the rnix. e.g. three grasses,
one forb an''. ,me shrub tor a roral ot-tive species in rhe mi\. Middle Zone mixes should have a
moderate number of species of plants in a mix. e.g. four grasses. two forbs and one shrub species
for a total oC seven species in a mix. Upper zones can have as many as nine species in a mix
including fo:.:r grasses. tvvo or three torbs and two or three shrubs.
Reclamation Monitoring
Succe:-;s of r-~1:eger;:1tion shnuld bl~ j11dgcd nn the effectiveness of the vcgcration tOr the post-
developmen: land use of the propeny, and the extent of cover compared to the cover occurring in
natural vege·:ation of the area. Projected cover of desirable species should be based on cover
'\PR Reclamation Plan 11 \,fay 2006
111ca.:;urcd tn undi-.;rurbed rct~rence area.:> (not including non-nativ~. invasiv~ specie.:; such a:-;
no:xious 1,veeds L
A \atur:il Reference Area for each zone should be established in order to measure the success elf
reclamation. Transects would be established in each zone establish for represenrative plant
cun1rnunitie.-; to cn3b!c bioiogists to dece11nine ifdc:;irabic sp~cr~:s ha\c been successfully
established. end if they provide sut'ficient aerial cover to adequately protect the site from erosion
and invasive "ee(b. Reclamation \lonitoring will provide evidence of whether a sdt'-sustaining
plJ.nt con1rn~1;iity ha:-i been established and \.\.·hetht;!r vegetative processes such as reproduction
and seedling cstablishinent are occurring.
Transects in late spring and late su1n1ner \.Vill pro\·idc identification and contribution of most if
not all domii>ant plants found on '\PR fferchau. 1973). \lnnitoring results can be compared tel
studies conducted fo1· oil shale projects in the 1970 's. Ferchau. 1973 covers rhe Exxon:V!obil
property adja~t::nt to 1nuch of\IPR land:i. Environinental studies conduct~d on !\PR by previous
owner l!nion 011 of California should be located and could serve as rderence information
Weeds
The need to cooperate with adjoining landowners. especially those upstream, to reduce and
control invasion o( noxious \Yi;::l".J.s is iinperati·vc. l\vo species, ('anada Thistli;:: and
Houndstongue are currently tmading undisturbed NPR lands on the Fast and West Forks of
Parachute Creek from adjoining private and public lands. Encana needs the cooperation and
assistant\.". fr•J\11 adjoining lando\.vncrs to control this serious probll:Lll. ;; separate integrated
vegetation and noxious \Veed 1nanagen1cnt plan listing and locating all kno\vn nopulations ot~
nox.ious 1,veeds on :.iPR is in preparation_
~PR Reclanwion Plan 12 May 2006
Represcnrauv~ \.:ic\v:-:; of currenl conditions retl~cl rht' Liivcrsiry ofplanl con1n1unirics on '\iPR.
Upper Zone Ridgetop Shrublands
• , . ., '""' ·'-~ '>
f~~i~~~:-: ~-.. -.:!_t-f~·-...
-:,) ... :"'
•.. --~·""-,· :_.. . .'.,'~';;~;:;.,,, ':;~~-~;.;~_-:._.:.:
Lower Zone Benches
East Fork Parachute Creek
Riparian
NPR Reclamation Plan 13
Middle Zone cliffs, colluvium,
harsh slope and aspect
Riparian Woodlands Below West
Fork Falls.
1'.!uy 2006
Crnss Reference of Names of Plant S ecies used in Document
Common Name Scientific Name
Basin Wtldrye Lernws cinereus
Blucbunch \Vhcar~rass, Bcardl~ss Pseucforoe~neria s ;icala ss . rnernus
Bluebunch \Vhcatgrass. Bcc1rdcd Psetnioroe!!,neriu s Jicutu ss). s'JiCufu
Blue Wildrve 1 Elvmus r;luurns
Bottlebru,;h Squirreltail i £/vmus elvmoides
C.'anada thistl~ i Cirsiurn arvl!nse
Columbia \eedle£ra,;s i Achnarherum ndsonii ss J. dorei
Elk Sedg_e ______________ i Carex gereri
Green \ccdk.'(rass i Vassel/a viridula i-=c.c...c~-'-'-'-''--'-'~~-~--------+~~-'-'--'-"-'-=-c-"-. _________ -__
f-Ioundsroncrue C.'vnog/ossurn o}_ficina!e ! ~' ----~-~------------t-~-~---~---------·---·-1 i Idaho Fescue Festuca idahoensis
; lnd1.in Ricegrass ,-Jchnatherum hrrnenohfes
! Lcttern1an N..:!cdlr.!5..!rnss Achnatherzon le!termunii
I {V(ountain Brorne _ f!.t:.q_n.!_!!~ _ __!!!~~~g!_~~~1_{_u'.~
1 ·N~~dle_&_ThreaJ Grass ffesperostipa comata sso comata
---·----·---t-~--~----~---------1
! Nodding Bron1e -------------+=-B_rc.a..crr..cu.c1s'-1"-lt-'-ll=-''c."c."c.lc.11·"-'------------l
: Prairie Junegrass Koe/eria cristata ;....c.~=~~=~~---------j-~~~~==~----------------
1 Sandb.:r2 Bluegrass Pua sancfberg;ii
c-: -S-k-,n-d-. ,-,r~\-_\_'h_e_· a-t~rass -:==~-~~~~~~~~~~:;_F.-._,-,~_-·1_n-_1-1"--1-·~1_1-·c~1c:·h=v='c=· 1-'1-1~J/-u_s_s-~·p-. -1,-.,-,c-·h_v_c_a_u_f u~---~=~
: Thick_;,;nlkc \\~heatgra.,;;::; f~fvmn\· /anceolotus ss(J_ /ancpo/atus
I Western -~V~~~tgrass _ .... ------~P_u_s._··r~ir_.,,_·1-·1_11_n_s_n_11_1h_~ii __
f'orbs -· --·-----·-~---------------·-
' American \/etch ~.ricia americano
' Arrowkaf Flalsarnroot Balsa1norrhi?a sogitalo
Ciccr \Iii kvetch As trago/us cicer -----
i r--rin~cd sagebrush (half-shrub) Arten1isia fl·h;icla ·----------·
Lewis Blue Flax Linzan len:isii
Long leaf Phlox ; Phlox lom<ifiJ/ia
\!lanv-11owcrcd Phlox Phlox mulri(/ora !
\fountain Lupine : Luoinus ar_'-{enteus SSf-J_ rubricoulis
Rockv \fountain Pcnstcrnon I)enstenion strictus
Sainfoir. Onobrychis v1ci!/olw
i Scarlet Globernallow S'phaeralcea coccinea
I Scarkt Indian Paintbrush Castil/e;a miniata
I Silky Lupine Luoinus sericeus
Silverleaf Lupine lupinus ar_r;:entcus
Small Burnet Sanguisorba minor
Sulfur Buckwheat ! Eriogonum umbellatu1n
Thickkaf Pcnst<:mon i I'enstemon oacltvphv//us
Utah S\\·eetvetch I Hedrsarum boreale
' i Watson Penstemon i Penstemon wastonii
I Western Yarrow I Achillea lanulosa
:'-<PR Recial!ulio11 Pla11 14 :Vby 2006
\Vcsr~rn 'r'arrO\\
' \.Vvntninl.! Indian Pa!nrbri_1~h ---
S!i fuhs -----
Antelope Bitterbru'h ---·-
Big Satebrush. Basin --
i Big Sa~eb111sh, \!ount:1in ----
Bi2 Sagcbru,h. \-V VO_l~ !-~~g _____
Broom Snakeweed -·--·
Chokecherry ---------
Four-wing Saltbu;b ------
Gambel Oak
(iardner Saltbust1
Lo\v Rabbitbrush
\tf ountllin Snowbcr-ry
Red E ldcrbcrrv
Rubber Rabbitbrush -·---··
Skunkbush Sumac
Shad;cale -
I Utah ServicebLtTY
! --\\ mtertat
-·-·--
------
.-!chi/lea millefolium EE· occide111ulis
('osrill<!{a f;naric-u!IO/ia
~--· ---·----·--------·-
f)urshill rriclentaru
.4.rternisia tricientato ssp. triclentata
.-lrte1nisia tricfenhua sso. i·aserana
----------,
.~rten1is h7 trictentah1 __ s~p_~ _ ~1~i-otn ingensi.)· i
' Xanthocepha/11111 sarorhrae
' -· -· --,
Pru nus vir£inh1na '
...-I triplex conescens
Ouercus ~ambelii '
.'ltriple:r .'<arclneri
C'hn:sotharnnus \.·;sci(/;/ I or1 rs -----··-·
S i:rnvhoricaroos oreoohi I us ---------------
.)an1bucus rocemosa ---·-·
E"ricarneria !!auscoslts SSf!:...!!_':lllSr.!OSlf.).
Rlws 1!·;/ubo1a sse_. trilobato
_·I Ir ipln. cun/erl ;fi1/iu
A1nelonchier utahensis
"' .,. " " .,,. l, ,,
_Tree2_
Box Elder --------[_.-l_c_·,~-~_n_c~'~L1_in_c_lr_1 ____________ _
~~glas F_ir__________ _ -1· P.::-,euclol\uoo 1nen::e-.;u
\ aITO\\" I~ a f C~ o tt on \':nod ~P_i~1p_1_il_1_1.s_· c_in~"~"'-'--'-1~i/_o_l_ll_i ____________ l
\PR Reclamation Plan 15
REFER.E'iCES
Ai;wr. Dav id K. 2003. Soil Sliney of Douglas-PlaLeau Arca. Colorado. Part; ot' Garfield and
\ksa Count). LS Dept. Ag. '\RCS. 355 pp .. 46 \lap sheers.
Barrow, J.R .. and Bobby D. \lcCaslin, 1995. Role of microbes in resource management in arid
ecosystems. In: Barro,c,J.R. F..D. \!cArthur, R.E. Sosebee. and Tausch. Robin J .. comps
1996. Proceedings: Shn.1hland ccosystcrn dyna1nics 1n a changing cnvir0nn1L'nt. (Jen. Tech.
Rep. l\T-CiTR-338 Ogden, L!T: USDA. Forest Service .. [ntcnnountain Res. Sta .. 2'5 pp
C'olurado >."dtun1l "\re11s Progran1. l 998. :\ativc Plant Re-vegetation Cluidc for Colorudv. c·uring
for the Land Series, Vol. Ill. Stale ot'Colo., Division of Parks and Outdoor Rec .. Dept. \at. Res ..
Denver, 258 pp.
Fcrchau. Hugo. 1973. V cgetativc Inventory Anolysis and Impact Study ot· the ['araclwte Crc:ek
Area. Garfield County. Colorado. Chap. VI In: The Colony Environmental Study. ['Jrachute
Creek, Garfield County, Colorado. Vol. Ill, Thorne Ecological Institute, flouldcr. 77pp.
Fo\., Charles J., H.D. Burke, J.R. \kiman, and J.L. Retzer. I 973. Soils Inventory Anal' sis and
Impact Study of the Colony Prop<::rty Garfield Counly, CO. Chap. Ill. In: The Colon-,,
r.nvironrnental Studv, Parachute Creek. Garfidd County. CO .. \'vi. Ill. Thorne Eco. l1ht..
Boulder. 52 pp
Granite Seed Company. 2004. Granite Seed Catalog Granite Seed Company. l697 West 2100
\;orth. Lehi. LT 8-1043, 89 pp.
tvlcNab, W.H. and l'.E. Avers, 1996. Ecological Subregions of the Lnitcd States. USO . .\ forest
Service. http :www .ts.kd.us. land.pubs.'ecoregions,. Washington. D.C.
Sirota, Judith. 2003. Best management practices for the no.\ious \\ceds ot'tvlcsa County.
Colorado. Tri River Area, CSU Coop.ht.. Grand Junction. CO. \\'orlJ wid<:: web publication at:
http: www.colostatc0.e<lu. Depts Coop Ext TRAiindex.html!;rnain. html
USO,\, \RCS. 2006. The PL.l.\TS Database .. 6 \larch 2006 rh!iLP!:"''' "'''!:' "'') :'lU_;,,111!
!'.i~'ICJJ:tr.1 Cc111cr, Baton Rouge. LA 70Sn-4490 USA.
NPR Recla111atiurt Piao 16 1',!ay :'.006
i\[>p(.'ndix 1\
lkdamalion Seed ,'Vli.x !'referred Spcries for Nortll Parachute Ranch Plant Communities, l:nCana Oil & C>IS (USA) Inc.
·rbis table i:-; provided for flexibility in lht' tii.:ld to adjust SL'l.'d inixi..:s to sitl' i..:onditions, cost a11d avail~thility. 'l\1 create a cusH11n si:ed 111ix for N!lf{, tirst
deicnnine the 7n11e which will establish the iota! number of species in 1he mix and 10tal number orsecdslrt' wrgeted for the wne, i.e., 15 .scccHl'l' and 5
or 6 ;;p~cie.'\ for I..ov.'cr 7,onc. 35 ri:)I' Middle Zone, and 50 seeds/fr~ and 11r tn 9 srccics for { Jppcr /.one (:-;er: rcco1n1ncnded sl·l·d 111ix sl.'vt1on ot· rL'f)<H'l].
NL"XI, t.h.:tt:nnini: the spl.'L'iL'S <111d 1Jii..: desir\..'d 11un1lil'r ofsl..'cd:-; oJ'thal sp'--·ciL'S i11 tl1L" 111i". For e\<Jll1p!L', i11 u ini.'\ l(ir 1)ii..: lJppL'r /011l.', :-;l.'lccl K nr 1
) s11ccics
and al locale 1he number of seeds of each srecies desired in the seed mix. (For exarnple, in a 50 sccclif't·' seed mix, each species rnuld be allocated i 11 1hc
following n1anner: CJrass l\ = X scecJs/fr~, (jrass l~ ---?.; sc.:cds/!1 2, (/rass (_' = 7 seeds/li 2, (Jrass l) ·-7 sc..:'.ds/lt 2, /·orb l: 5 secds/lt 2, Forb 1: = 5 seeds/ti 2,
Shrub (J = 5 sct.:ds/ft 2, Shrub J J ,_ 5 seeds/ft: ). 'lhen, use rile fDl!o\vi11~ fonnuJ;.i:
·rargi:t JlO. sr..:cds/f't-2 (e.g. 50) · No. seeds of each spl.'.'cics X 43560 (ft 2/ac) = tDtal no. ~i:eds of each spccil.'s i;,ic
'f'otnl no. scL·ds o/'t:~tcli spcciL·s/;.tc/no. s-.·r..:ds/lh. of that spl:'cics -·rota! lbs. of PLS o1 th~ S)JL'l'iL's in !hi.: 111ix/•1c
('ontinuc f()r eacf1 specie~,
Then, add lbs of PLS of each species Tocal [_hs. uf Mix/ac
For percent by species in n1ix, rrnral lbs. ofcacll srccics/'J'otal lbs. or seed n1ix Percent of.each specie:-; lll J)lJX .
--r-----·-------· .. -··---------·---
c onunon NauH:''
Botunicul ;Vu111e ('ul1ivar:.;1
i
lndlan rii.:cgniss
Moulll<iin lironii.: 8run1!1_1· 1n<1rt;i11<1t11s I (. ----·------f ·· . 1urni.:1 I
T/1ickspik~ wlieatgra'::is L'fl'll/U.\' fclf/i.(·'(J/i/(i/S
/,;11i ·euluf/f.\'
Ui.!lllll)Ch
1)
Soil 'l'exrure
1\daptatiorit
-'
3 I l
! I
i
C'lJllllllCills un Habits,
Soil~, Dth1:r f:Jl'for~ .Sel'ds/l.b.
('ost/l.li.
·1 bd at
ti1nc
IH't.'dl•d
.. -'<0 .. Pl·". "111L-::::=r-_.· . .. .... -----·--.. ·.-.~I 1.h~-
l'i·,t:tl j Ol<ol I ut,il
·1
'!/,)in I
i\-1 t \
------~---1-
lsi..."1.:1.bin .. " ·".L ·L·~1~,,.1\ '-;.L .L·'_" '' 11· ... l.S/ '(/.• ):'/f-1· ~u'.\~:'f·i ·11 · ){i,J t Acre
----·--
--~----·,.---
-'"''""' -3=:. -,~~~~:=-1=-
--------· --:--~-~~-:-____ _t-=:..-=-J
I r--· .... ----.. ·----r-
I cJ ! .1 llH I
IShlll'[ Ji ... ~·d '!11,11011 -·-----
I
C._(_:~_i!_'·~~~--l 2
Sch\-vL11di111<.!_r I __ j_
.!11JauJ SLJ.itgn'.:_>~-~---1·-... _'..·~':"!!:'..:!-~{(_"--!!i:!!-..~a1u ( -·------··-·· O
, Fh1n111s /(/l!ceulal11s ,
S1n:·,1n1h:.1nk \Vh~1.tt2,ra:-;s 1 fJ'iCil!l/1/u ilii/n..,· _ _ Sl1dar 0
>-----.. ---• ' m«••-1 ........ -__. ____ rn•+-------+-
Slc1H..Jt:r \Vhi.:atgr;i::;~ l:'f\'l//t/.\' !. (/'(,'("/i._1 11·;11t/11.'i
!~~.i!_l_l<IJ'.
Jl rvor
l{e-..·enui.: ------
(J
.. ,
2 I
3
., i
L ._.?~~l Luis ...... !... ...... : .. __ 1
l\'ll' I l"i400!l 1 · ly 111/Ulll ~ I . . ---u_ I"_ i1.ii1.!,,"\)d io11n111!! . ..... ·I-
"""' . . ''" """ . -· ---. -
,_Jj--11--.. ~. "';\")'':,~,:::::~>'"'~'-!. )h.IJ;;;;' ... ---... --. --_j' -1 I_ H 1---_ -j ·'"''"S . . ---,-
0 '"'""""'"""·· ·-• ---. . . -
I I WIJUIJ _.. 1---.. -----· ------(I l.Sl"""1"'" _,
:
I g
I ·-" 3; <
i < ~
i 6 • ' ' z
I
= 0
=
' = '
II
0
i.J
r-(.'011~-~l~~n Na111~·-·'
/-lott1nicaf l\"'a111e
~--·1~llt: 11~2 ----
l'r;ciril.!" J\sti:r
('uitiv<oir~11 r Soil ·rcxtun.~
Adllpjafiou1' ('0111nu·n1s 011 !Ld1its,
Soils, Otht:r l'uL·tors
·---' :-;ainJ~>i-11--·--·---· ~----~_!_~!'.!!i.~y1:J.l)s vicii/o/iu -J:sk'1 [) _} .1 2 y-u -'~;~~~;~~;·1-g-~~-~~~~:~~-·-----)lJ lHHJ -·--1<~~,;:-p~;;;l~~,;~-,; __ /'<.:n"<:'""'' ,,;;,,,,, 1~:,::11~111 1~ -__ 1_::i .l I II - ---·-----5'n.iJ10=--------1---1;;r------i----~1 -I
· .. _Sn1<.1Jl bL~~'.~~~~--.---.-···f·----.'""'""'""·humuu:,:_ , Uclar _' 2 3 u r-coubl'"""'g"'""'" -;{(Jfro---1-. -----~ ----1
Sladc1glubt::n1l:lllov11 .\pl1t.1r.:rafc('Ococc111eu 1 ) J I -~-· ·-------------···-···-----.. ., ... ---·---·--·-·· .. ·-··--- -)()()!JOO I -
J h1iry vt::H:h Vicio l'U/o.'>o 0 1 3 ~ 1 js11,11i-ln·~·d. ~o,_ld 1;1·1.·1.·11 -,0 ' } --·-r· ----t-----1
• i
J
1·---.. --·-·-·---·-------··-·-----·---fl\Ullt)l <,;.' -,(}( l) : r'\rnl'.rican vi:tcn ·' · ·_ ·· · · , ' ·---: · ...... ____ . . ) i_!_l_!:!. u1J!111( 11nu l _::: _____ J_ [ ___ ~-~-----~·-·-(\'LJJ_1-blu<1r_1_ng __ lqp11n_I.' 3.LOUO -f Shrub_s_ -··-.... ·--·-----·
I ---·-----··-1-/JJ"{(/J)/!~.\-fU lridenlura 1 I I I
I ' ' ·-------1
(J 0 _l IJ i
2 (J
2,500,00U
2 ,){JO ,000 f---··----·-··-·--· 3 2 (J
---1 ----1 Biisin big sc.gt:brush tridetNulu 1 1
1-----,--,---,----:-t------:---··------···--·-·---·-··------·--·-----··+--.-.. ----·· ·--····--~~ti in big_:!_<:'.f.~l?.~~~-~ ______ :i:__~_...:.'_!!.:._e1'flllu ! lob bk: ( 'n.:ck I I I 1 1 1
-t ----····+-·-------
·--------'------+--
-~------4-------,-----,---, --~~~!~~)'.'_~J-.~~-~ W";~-~ bJg sagebrush ____ ;'!.:__1:._l_i_:~~!!.~_!_}_!__f_K<!.!!~i.'i__ I (Jordun Cr.:ck 0 .1 3 J {J l I _~!-~~!~'.!_c_~J.~~0-+-·----------r-----t---
-FDurwi11g2~J.!E~1sh Atripie.rca11esc1.:.'t1s ..... _________ J ... } ..
1
__ 3 3 I ___ ...... __________ ! ):.'.,OU(J
Shadscah: //rri!)le.\' co11(erti((.ilio C 2 .) .l I _ ! ()--J-,1.JUU ··-----···--·----· · -··-----· ··· · · ·--t·· ·-----·· ·-·--··-·-· · ---· ··• ----·----r--------
( j i::.ln.Jn~r ~aJ1bu:ih //tri;.t!ex l!,on.lni·ri · () I J 2 ~ ~ I I l l,5UU
--+--1--------+-----
---
-----+--1-------1--
---
<,~'~,;:~,:~~11111 c'1rn''"'"'v1ediJ1111,;-: - --i o I ; -; -,-·;;-r -----r~~.01111
1 -~b~_§_,,,,,_1i __ 1::_11,~1111c1"'-'-'~"'':"'"'3-i'._ _ _______ --T2Tl 1· --·2 T --------_ ---1 "u11,111111 __ 1 --r------i t--------i----
. . . . (_ 'liry.~0Ilu11n1111s l i 3 ~ -1 I 1 I 7X2.000 Lliw ro.1bb1tb1 u~h ._ .1.11 1 ---1
VI \"Cl( I or us I 1------------+-----,----
\V in le r frll J(ra.1·l·l11.:t1i1111iiu11iulu11alo !latch ·--~-.-.-::~-----}--~---..!_--f---· 56,70£_)__, ------__ _
~~~~~<ur~;,::i:ndc llh~;,~~;:;;;;;';;;'.!;f,'j_;;~".~=~--}-,10>0~ ~ :~ ; ~ {;==:=::~~------------i~l~:~~ j I ---1
"Spi:c 1e::; :.o n1,11 k ed are 11111od11.:ed, u I J llllii.;1 ~ <ire lldl 1 vi.;
--!---------+----+---
i==---·----
1s('uhi vars <:ire ~ varieiy of H r!Hn! dL'Vl'lopcd froni a nul L~nJ] spt'.L'ies ~-111d 111al nr;-1 incd u11Jer L'til! i va ti on wh ilc r~tai n ing Jistingui:;h ing c h<1r:1cie1·ist ics. Cult ivurs 1r1;.1 y tll' lll<i y nut be j 11
prodlJclion ~ind ~n: !hcrelUr-t: u11av<iil'1bik. -
c Soil Texiure adap1a1ion. (' --'-C0~1rse, f..11(' -111udcr<ite!y ,;uH1-:-;c, :\1-n1~Jiu1n, l'v1F -llllH.lerall"ly li11t:, f~· ·--tin.:. (I" llP\ adap1c:d, J -inuq;,i111d, 2 -<IVet·<:1g,i.:, J -ht.:~l ((J1·c111ili.: Si.:(.'.d.
2004 ).
DPun: Liv-e Seed per syuare fuol Ji.:sireU in ph1nt'111g fDr !hi.! Sfll.'.L:ies si.:lct.:t~d. ·1-arg:.:1 nu111ber of 101al sc~ds/l"t~ is 25-ft;_ IUr Lower l'..011c a11d 1·iparia11 zunt.:, J).!(r' li)r Middk Z<111e, Hnd
50/rt 2 tot1:1! for Upper I.one pluniing::;,
1 C.'noJ season <tnd bunch gras:-; unle:i:> ulhtT\.vi~i.: 11olL"li ill cun1n1i.:nt~ {i.e .. 'iOd l"or1ni:1g or v.·a1-r:1 sca.~tl!l }.
)
BOND NO. RLB0010029
PERMIT BOND
KNOW ALL BY THESE PRESENTS, That we , EnCana Oil & Gas (USA) Inc .. 370 17th Street. Suite 1700, Denver. Colorado 80202
as Principal , and the RU Insurance Comoany . an Illinois corporation, as Surety , are held
and firmly bound unto Garfield County. Vegetation Management Department. P.O. Box 426. Rifle. CO 81650. as Obligee , in the
sum of Sixty Seven Thousand and No/100····--···--···--·--·--·--·-·--·--------·----·---------····--·-------------·--·--·--·----·----··-------·-------Dollars
( $6 7,000.00-----)
for which sum, well and truly to be paid, we bind ourselves, our heirs, ex ecutors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS , the Principal has been or is about to be granted a permit for the North Parachute Ranch North Trunk #1 Pipeline Project
(N Y2 of Section 5, T5S. R96W, NWNW of Section 4, T5S. R96W. NENW of Section 4, TSS . R96W. SESW of Section 33. T4S. R96W.
SWSE of Section 33. T4S. R96W. SESE of Section 33. T4S. R96W, SWSW of Section 34. T4S. R96W. SESW of Section 34. T4S.
R96W. NENW or Section 3. T5S. R96W) by the Obligee.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall well and truly comply with
applicable local ord inances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full
force and effect; in no event shall the liability hereunder exceed the penal sum hereof.
PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT:
1. This obligation may be canceled by the Surety by giving thirty (30) days notice in writing of its intention to do so to th e Obligee ,
and the Surety shall be relieved of any further liability under thi s Bond thirty (30) days after receipt of said notice by the
Obligee, except for defaults occurring prior thereto.
2. Any claim must be presented in writing to RU Insurance Company to the attention of Greg E. Chilson, 8 Greenway Pla za,
Suite 400, and Houston, Texas 77046 .
3. Surety shall have no obligation to the Principal , the Obligee or any other person or entity for any loss suffered by the Principal ,
the Obligee or any other person or entity by reason of acts or omissions which are or could be covered by the Obligee's or the
Principal's general liability insurance, products liability insurance, completed operations insurance or any other insurance.
4 . No right or action shall accrue under this Bond to or for the use or benefit of anyone other than th e named Obllgee.
5 . The Obligee will issue a release of this Bond within a reasonable period, but in no instance longer th an thirty (30) days after
termination of the Permit.
IN WITNESS WHEREOF, the above bound parties have executed this in strument under their several seals thi s 12th day of January ,
~. the name and c orporate seal of each corporate party be ing hereto affixed and those presents duly signed by Its undersigned
representative pursuant to authority of its governing body.
EnCana Oil & Gas (USA) Inc.
By ~RM, 21 IAJ~ Att •. ·~·'f ;,., 4'
RLI Insurance Company
8 Greenway Plaza, Suite 400
Houston TX 77046
Principal
Surety i:--~ t/} l. 0·:1~ By~---''----=~~~~~-"'-~Jf..__~~~~~~~~-
Paul M. O'Sullivan, Attorney-in -Fact
)
RLI
ALI Insurance Company I 9025 North Lin dbergh Dr.
PeoriA . IL 61615·149 ~ I Ph (309) 692-1000
Know All Men bg These Presents:
RLB0010029
POWER OF ATTORNEY
RLI Insurance Company
That the RI.I I NSURANCL~ COMPANY, a corp o ration organized and ex is ting unde r the laws o f the S tate of Illinoi s, and a uthori z e d and l icensed
lo do business in all states and the District of Co lumbia does h er e by make, con sti t u te and appoint: PAUL M. O 'SULLIVAN
in the City of HOUSTON , State of TEXAS , as Attorney-in-Fac t , with full power and authority h er eby conferred upon him t o sign,
execute, acknowledge and de l iv e r for and o n it3bchnlf113 Surely and n:I it3 act nnd deed, ail of the fo ll owing clM3e3 of doc ument3 to-wit:
$67,000.00
l nd c 111n1Ly, ::>urc l y <111<1 Und c rlakmgs lhal may be des ired by contract, or may be given in any ac tion or proceeding in any court o f law
o r C<Jllil y; pol ides inde mnifyin g e mp loye r s a ga inst loss or da mage caused by the m is con d uc t of t h e ir e mp loyees; offi c ia l. bai l and
s u ret y and fid eli ty b o nd s. Inde mnity in a ll ca ses wh e r e indemnity may be li1 w full y given; and w ith fu ll power a n d autho rity l o
execute c o n sen t s a nd wa ivers to m o dify o r c h a nge o r ex te nd any b o nd or doc um e nt execut e d fo r thi s Co m pany. a nd l o co mpromi se
and se t tl e an y anti a ll c la ims o r cl e m;inds m a d e o r ex is ting against sa id Co mpany.
The RLI INSURANC E COMPANY further certifies that the following is a true and exa ct copy of a Re solution adopted by the Board of
Oirectors of RL I In su rance Company, aml n ow in force to-wit:
··All b onds, p ol iCies . und e rta kings, Powers of Attorney, or other o bligations of the co rpo ra tion s hall be exec ute d in th e corpo r a t e
n a m e of the Company by the Presid e nt, Secretary, any Assistant Secretary, Treasure r , or any Vi ce P resid e nt, o r by s u c h o th er offi c ers
;,5 th e Board o f Directors m a)' autho ri ?.e . Th e Presid e n t . a n y Vi ce Pres id ent. Sec re tar y, 1111)' Ass is t a nt Sec r e tary, or t h e T r e a s urer may
appoin t J\ltorneys-in -Fa c l o r Agents who s h a ll ha ve a uthority to is s ue honJs, polici es. o r u1Hlertakin)!s in the name of t h e Compa ny .
The corpor a t e seal i s no t n ecessary for the validity of any bonds, po lici es , unde rtakings . Powe rs of Attorney, o r oth er o bl ig a t ion s o f
t h e curpu r<1ti u11 . The sig 1wturc of a 11 y such officer and the corporate seal may be printed by facs imile ."
(Hlue shaded areas a bove indicate authenticity)
IN WITNESS WHEREOF, the RLI Ins urance Company has caused these presents to be executed by its _fHl::SIDENT, CEO with its
corporate seal affixed t his
State of Illinoi s
SS
County of Peoria
On this l 2day of Jan. 200 7 before me, a Notary Public, personally appeared Michael J . Stone and Cam ille J. Hensey, who bei ng by me
duly sworn, acknowledged that they s igned the above Powe r of Atto rney as Prcsiden t, Cl~O and Corporntc SecrctnyY , res11ectively, of the said RLJ
INSURANCE COMPANY, and acknowledged said ins t rument to be the voluntary act and deed o( said corporation.
•
-OFFICIAL SEAL•
CHERIE l. MONTGOMERY
COMMISSION EXmS <Xl./('l'l/08
UICS 904 (03104)
BOND RIDER NO. 1
Attaching to and forming part of Permit Bond No. RLB0010029, executed January 12,
2007, on behalf of EnCana Oil & Gas (USA) Inc. as Principal, in favor of Garfield County,
Vegetation Management Department as Obligee, in the amount of Sixty Seven
Thousand and No/100 Dollars ($67,000.00).
It is understood and agreed that effective February 28, 2007, this bond is to extend
coverage for 16.0 additional acres as follows: A03 596 CDP, A03 596 Discharge
Pipeline, F09 596 CDP, and F09 596 Discharge Pipeline.
It is also understood and agreed that effective February 28, 2007, this bond is
increased by Forty Thousand and No/100 Dollars ($40,000.00).
Total penal sum is amended to read: One Hundred Seven Thousand and No/100 Dollars
($107,000.00).
All other conditions and terms to remain as originally written or previously amended by
rider.
Signed, sealed and dated this 23th day of February 2007.
EnCana Oil & Gas CUSA) Inc.
RLI Insurance Company
8 Greenway Plaza, Suite 400
Houston TX 77046
Surety
By:-'-L_t-"-/ '_) 77_'' _-c::=,L._;rl"'--._!_--='' ---
Paul M. O'Sullivan, Attorney-in-Fact
RLI'
RLI Surety [A Division of RU /n:;vrance Company
9025 North Lindbergh Dr. • Peoria, IL 61615
(309} 692-1000 or (800) 645-2402
Know All Men by These Presents:
RLB0010029
POWER OF ATTORNEY
RLI Insurance Company
That the RLI INSURANCE COJ\1PANY, a corporation organized and existing under the laws of the State of Illinois. and authorized and licensed
to do business in all states and the District of Columbia does hereby make, constitute and appoint: PAUL M. O'SULLIVAN
in the City of HOUSTON, State of TEXAS , as Attorney-in-Fact. with full power and authority hereby conferred upon him to sign,
execute, acknowletlge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documents to-wit:
$107,000.00
Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law
or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees; official, bail and
surety and fidelity bonds. Indemnity in all cases where indeinnity may be lawfu!ly given; and with full power and authority to
execute consents and waivers to modify or change or extend any bond or document executed for this Company, and to compromise
and settle any and all clain1s or den1ands made or existing against said Company.
The RLi INSURANCE COMPANY further certifies that the following is a true and exact copy of a Resolutio~ adopted by the Board of
Directors of RLI Insurance Company, and nov,• in force to-wit:
"All bonds. policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate
name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers
as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint Attorneys-in-Fact or Agents \Vho shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Po\vers of Attorney, or other obligations of
the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.'
(Blue shaded areas above indicate authenticity)
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its ___ _p_RESIJ2Efil ___ with its
corporate seal affixed this
ki. SEAL
Corporate Secretary
State of Illinois
SS
County of Peoria
On this 28 day of Feb. 2007 before me, a Notary Publ,ic, personally appeared Michael J. Stone and Jean M. Stephenson, who being by ine
duly sworn.acknowledged that they signed the above Power of Attorney as President and Corporate Secretary, respectively, of the said RLI INSURANCE
COMPANY, and acknoY..•ledged said instrument to be the voluntary act and deed of said corporation.
"OFFICIAL SEAL"
CHERIE l. MONTGOMERY
COMMISSION EXPIRES 02/02/08
UICS 904 (03104)
)
Proposed North Trunk #1 Pipeline
Integrated Vegetation and Noxious Weed Management Plan
Garfield County Special Use Permit Condition
Photo 1. Site of Proposed North Trunk #1 Pipeline
Prepared for: EnCana Oil & Gas (USA), Inc.
Prepared by:
Westwater Engineering
2516 Foresight Circle #1
Grand Junction, CO 81505
970-241-7076
January 2007
Proposed North Trunk #1 Pipeline
Integrated Vegetation and Noxions Weed Management Plan
January, 2007
Introduction
EnCana Oil and Gas (USA), Inc. (EnCana) has proposed construction of approximately 3.6 miles
of 12-inch diameter natural gas trunk pipeline and associated above ground appurtenances in
Garfield County, Colorado. Approval of the project is subject to the completion ofrequired
environmental studies as directed by the U. S. Bureau of Land Management (BLM) and
integrated vegetation and noxious weed management plan required by Garfield County
regulation 9.07.04 (13) Board of County Commissioners (BOCC, 2006). The majority of the
proposed project is located on EnCana's North Parachute Ranch (NPR).
Approximately three miles of the proposed alignment for the North Trunk# 1 pipeline is located
on EnCana's NPR property. The remaining 0.6 mile is located on neighboring private property
and federal land administered by the BLM. The project is located in Sections 3, 4, 5 and 6,
Township 5 South, Range 96 West and in Sections 33 and 34, Township 4 South, Range 96 West
(Figure 1 ). The construction right-of-way is expected to be 70 feet.
WestWater biologists inspected the proposed alignment on 8 January 2007. Up to two feet of
snow obscured vegetation along the route, making a plant survey impossible. However, EnCana
has voluntarily made commitments to manage and conserve wildlife populations and habitat on
NPR. EnCana's commitments to environmental management include voluntary surveys of
sensitive natural resources on NPR to identify potential impacts of natural gas development. As
a result, WestWater biologists have spent many days in the project area in 2005 and 2006
completing those voluntary surveys. During those surveys, biologists noted at least two species
of noxious weed listed on the Garfield County Designated Noxious Weed List (Garfield County,
2002). These weeds were not necessarily present in the project area, but were in similar habitats
in the Divide Road area ofNPR.
Landscape Setting
The alignment primarily parallels Divide Road and EnCana's 36-inch Piceance Gathering
Pipeline right-of-way (ROW) along the watershed divide between Parachute Creek and Piceance
Creek, at elevations of 8,200 to 8,400 feet (Figure 2). According to the U.S. Department of
Agriculture, soil is Parachute-Roan loam moderately deep to deep and is well-drained. Erosion
hazard is slight to moderate. Vegetation along the alignment is primarily sagebrush (Artemesia
tridentata spp.), with mountain shrub species including Gambel oak (Quercus gambelii),
serviceberry (Amelanchier sp.) and antelope bitterbrush (Purshia tridentata) interspersed.
Grasses and forbs present include Poa sp., Stipa sp., lupine (Lupinus sp.), sulphur-flower
buckwheat (Eriogonum umbellatum), yellow salsify (Tragopogon dubius), broom snakeweed
(Gutierrezia sarothrae) and western yarrow (Achillea millefolium).
West Water Engineering Page 1 of 7 pages 1/16/2007
Planning Meeting Dates
Updated: 412012007
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51212007 Naugle/Tri-State Trucking Cont. SUP
Eye Seventy LLC 6:30 Zone District Amendment PC CR
SPECIAL MEETING CLOSED CR
51712007 Frac Tech Services, LLC Zone Map Amend (ARRD to RL) DP
Grand Hogback Exemption CR
Gartield County
1: 15
Text Amendment
BOCC DP
Coloradro Rocky Mt. School Exempt FR
EnCana Oil and Gas, Inc. Referral: Sprecial Use Permit DP . Cem Crude Referral: Special Use Permit FJ
5191200~ Orchard Creek Ranch, LLC Sketch Plan
CR 0 eak Visions Dev. Inc. Comp Plan Amend and Rezone
Gartield County 6:30 Text Amendment (Temp Emp H.) PC CR ..... !Glenwood Caverns Text Amendment DP
MEETING CLOSED CR
5/14107 West Divide Ranch Exemption -Rural Lands Ex Opt DP yl--,_ Eye-Seventy, LLC 1 :15 Zone District Amendment BOCC CR
5/16/2007 Draft Code 6:30 Recommendation to BOCC PC ALL
5/21/ pper Divide Exemption 4 Lots CR
g Chevron USA SUP-Comm. Tower CR
Rancho Trio -El Jebel, LLC SUP-ADU DP
VanDevander & Jacobs 1: 15 SB-35 Exemption BOCC DP
0 Mcleod SUP -Storage of O/Gas Equip. CR
EnCana SUP -Exp of Compressor Station DP
MEETING CLOSED
5/30/2007 & Vezzoso Variance I Appeal
poss. 6:30 BOA
5/31/2007
1
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CR SemCrude SUP -storage mat. Hand. Nat. res FJ
6/11/200'. Glenwood Caverns Text Amed. h Glenwood Caverns SUP CR
Reserve at Elk Meadows 1: 15 PUD I Sketch Plan BOCC CR
Meeting Closed FJ
6/13121& Iron Bridge PUD Amendment CR
6 Iron Bridge Phase Ill Prelim CR
Creek Side Estates Preliminary Plan -Revised DP
Eagle Ridge Town Homes 6:30:P.M. Preliminary Plan PC DP
Pioneer Glen Subdivision Preliminary Plan FJ
MEETING CLOSED
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7/2/2007 1 :15 BOCC
71912007 1 :15 BOCC
' " 7/11/2007 Lexie Meadows Estates 6:30:P.M. Preliminarv Plan PC CR
Targeted Noxious Weeds and Control Methods
Table 1 lists the Garfield County Noxious Weed Species known to be present at the site. This
information will facilitate monitoring and control by EnCana field staff.
Table 1. Garfield County Listed Noxious Weeds in or very near Pipeline Extension.
Common Name*/ Scientific Name Type** Control Methods
Symbol
Thistle, Canada Cirsium arve11se p Re-seeding with competitive plants necessary, mowing every
CIAR 2 weeks over 3 growing seasons, mowing followed by fall
herbicide application, beetles, herbicides in late summer or fall,
combination of treatments necessary.
Houndstongue Cynoglossum B Re-seed with aggressive grasses, remove at flowering or early
CYOF officinale seed, or apply herbicides at pre-bud or rosette stage.
*State of Colorado. 2000. Colorado Revised Statute 35-5-5.
** B -biennial, P -perennial
Best Management Practices
The proposed pipeline alignment should be surveyed during the growing season and prior to
construction activities to determine the noxious weed species present and the extent of
infestation. Although relatively few noxious weeds have been noted by West Water biologists in
this area in the past, the following list of practices is recommended to enhance reclamation of the
site and prevent the establishment of undesirable vegetation.
• Clean equipment of all soil to prevent the spread of noxious weed seeds which may be
present in the soil from a previous job site.
• Reduce or eliminate temporary disturbance for the staging of equipment, supplies or
materials.
• Salvage and segregate topsoil then use it to reclaim temporary soil disturbance.
The following tables summarize the most effective treatment strategies for noxious weeds,
depending upon their growth habits. Table 2 includes treatment for annuals and biennials, while
Table 3 details strategies for perennial species.
Table 2. Treatment Strategies for Annual and Biennial Noxious Weeds
Target: Prevent Seed Production
I. Hand grub (pull), hoe, till, cultivate in rosette stage and before flowering or seed maturity.
2. Chop roots below soil level.
3. Treat with herbicide in rosette or bolting stage, before flowering.
4. Mow biennials after bolting stage, before seed set. Mowing annuals may not prevent flowering.
WestWater Engineering Page 3 of 7 pages 1/16/2007
Table 3. Treatment Strategies for Perennials
Target: Deplete nutrient reserves in root system, prevent seed production
I. Allow plants to expend as much energy from root systetn as possible, do not treat when first emerging in
spring but allow growth to bud/bloom stage.
2. Herbicide treatment at bud to bloom stage or in the fall. In the fall plants draw nutrients into the roots for winter
storage. Herbicides will be drawn down to the roots more efficiently at this time. If the weed patch has been present
for a long period of time, another season of seed production is not as important as getting the herbicide into the root
system. Spraying in the fall will kill the following year's shoots, which are being formed on the roots at this time .
--------·--·--·----·------------------------------------------------. --· -------.. -· ----·-----------· ------- -------------. ·-----------
3. Mowing usually is not recommended because the plants will flower anyway; seed production may be reduced,
however. Many studies have shown that mowing perennials and spraying the re~growth is not as effective as
spraying without mowing. Effect of mowing is species dependent; therefore, it is imperative to know the species
and its biology.
Monitoring. Monitoring for targeted weeds should be performed on a weekly basis beginning at
spring green-up and continuing through the growing season. Monitoring by qualified personnel
should be conducted using Table 5 (attached) as a general guide to key plant growth periods and
best control periods.
Mechanical. Seed-producing plants should be cut, bagged, and disposed of in a licensed landfill
as soon as practical and if possible before disturbance. Observed weeds, particularly thistle
rosettes, should be controlled when possible and practical; first by mechanical means, primarily
hand grubbing or pulling.
Control of listed species in nearby disturbed areas is recommended to reduce the risk and rate of
infestation in the affected right-of-way.
Chemical. Spot treating will be necessary in the ROW and should include areas immediately
adjacent to the ROW. Chemicals typically used include synthetic auxin growth regulators (e.g.,
2,40; Tordon, Banvel, and Garlon), EPSP synthase inhibitors (e.g., glyphosate) or a mix of
these.
In all cases, the certified applicator shall deem which chemical(s) and at what concentration(s)
shall be used at the time of application. However, it is anticipated the aforementioned classes of
chemicals will be first choice of most Certified Applicators or Qualified Supervisors.
We recommended a private contractor be engaged to conduct the weed control and monitoring,
or that a company representative with weed identification capabilities and pesticide application
knowledge (preferably with a certified applicator's license) be assigned this function.
Additional Information: Table 5 (attached) is a guide to timing of key biological processes and
the best time for control of the subject species on an annual basis.
WestWater Engineering Page 4 of 7 pages 1116/2007
Re-vegetation
Reclamation of the construction ROW should focus on restoring plant communities which will
be beneficial to Greater-Sage Grouse, a BLM sensitive species. It is recommended that disturbed
areas be re-seeded with the seed mix in Table 4, based on elevation (NRCS, 2002). For grasses
and forbs, drilling is the preferred seeding method, as all but the extreme east end of the pipeline
alignment traverses generally gentle slopes. Where drilling is not feasible, harrowing leaving a
rough surface followed by broadcast seeding followed by harrowing is an effective method.
Broadcast seeding followed by mulching with weed-free certified straw crimped into place is
another good method. Seed should be incorporated into the soil at a depth of Y. to 2 inches. Re-
seeding may be required if future monitoring indicates lack of adequate germination and
establishment. Use oflocally collected sagebrush seed is highly recommended. Local plant
species commonly display considerable site adaptation and variability, and it may be possible to
find seed that is from locally adapted plants. If such seed is not available, the possibility of
contracting with collectors to obtain local seed should be investigated.
Table 4. Seed Mix
% of Mix by Application
Species No. PLS/Ft2 Ratesl PLS Wt. (lbs PLS/a)
High Elevation Sage Grouse Seed Mix
Grasses
Slender wheatgrass (Prvor) 11 23 3.0
Mountain brome (Bromar) 4 15 2.0
Nodding Brome 8 15 2.0
Idaho Fescue or 10 7.5 1.0
Letterman's N eedJegrass
Forbs
Rocky mountain penstemon 13 7.5 1.0
Cicer Milkvetch 3 6.8 0.9
Utah sweetvetch 1 9.8 1.3
Western Yarrow 32 3.8 0.5
American Vetch I 9.8 1.3
Shrubs
Mountain Big Sagebrush 14 1.8 0.25
Total 97 100 13.25
*Seeding rates will be determined in PLS (Pure Live Seed) pounds per acre and seeds per square
foot based on drilled application rates. Broadcast seeding rates will be twice the drill rate.
Timing. Seeding of grasses and forbs should occur as soon as construction is complete, before
non-native vegetation becomes established in disturbed areas. Seeding of sagebrush requires a
separate seeding strategy. Sagebrush seed must be broadcast over frozen soil or early snow
cover.
WestWater Engineering Page 5 of 7 pages 1/16/2007
Alternative Methods. The application of arbuscular mycorrhizal fungi (AMF) has been found
to be helpful in re-vegetation. These fungi, mostly of the genus Glomus are symbiotic with about
80% of all vegetation. In symbiosis, the fungi may significantly increase water and nutrient
transfer capacity of the host root system (Barrow and Mccaslin, 1995).
Over-the-counter commercial products, which are better adapted to coating seeds when reseeding
and treating roots of live seedling trees and shrubs at time of planting come in powder form and
are available from many different sources including Granite Seed, Pawnee Buttes Seed and other
vendors. Some applicators, including a New Castle company, collect and grow local accessions
of AMF. The latter are applied to weed patches and are reputed to greatly increase competition
of native plants with noxious weeds.
LITERATURE CITED
Garfield County. 2002. Garfield County Noxious Weed Management Plan, prepared by
Garfield County Vegetation Management and the Garfield County Weed Advisory Board.
BOCC. 2006. Garfield County zoning resolution of 1978, amended October, 2006. Board of
County Commissioners, Building and Planning Department, Glenwood Springs, CO, 78 pp.
Barrow, J.R., and Bobby D. McCaslin. I995. Role of microbes in resource management in arid
ecosystems. In: Barrrow, J.R., E.D. McArthur, R.E. Sosebee, and Tausch, Robin J., comps.
1996. Proceedings: shrub land ecosystem dynamics in a changing environment. Gen. Tech.
Rep. INT-GTR-338. Ogden, UT: USDA, For. Serv., Intermountain Res. Sta., 275 pp.
NRCS. 2002. Plant suitability and seeding rates for conservation plantings in Colorado.
Technical Note No. 59 (rev), USDA, Natural Resource Conservation Service, CO Field
Office, Lakewood., CO.
Westwater Engineering Page 6 of 7 pages 1/16/2007
Table 5. Annual Biology Calendar of Selected Weeds for EnCana Oil & Gas (USA) Inc.
North Trunk #I Pipeline -Integrated Vegetation and Noxious Weed Management Plan
!species -T-ype-* -,Jan Feb !March April May June .Jul y !Aug ~S-ep_t __ _
JHoundstongue B !rosettes --> lprebud 1IF1owering -seed set germination
jThistle, Canada P I ---~I [Rosettes --> --> flowering fseed set rregrowth
'
Oct .Nov !Dec .
r--:---·
--> --> ->
.---
--> Jn = biennial; P =perennial --------------------------
[Shaded areas indicate best control timing.
WestWater Engineering Page 7 of 7 pages 1116/2007
Emergency Contact List
Garfield Count:i . CO
Service Name Address Phone No.
Emeraencv 911
Ambulance/Fire/Police Garfield Countv 970-285-7711
Hosoital -Rifle Grand River 501 Airoort Rd. 970-625-1510
Hospital-Glenwood Soa Valley View 1906 Blake Ave. 970-945-6535
Clinic Battlement Mesa 73 Sinorelle Dr. 970-285-7046
Sheriff Glenwood Springs 970-945-9151
State Patrol Glenwood Sorinas 970-945-6198
State Patrol Dispatch 970-625-8095
Poison Control 800-332-3073
Air Evacuation 800-332-4923
Rio Blanco Count v,Co
Service Name Address Phone No.
Emergency 911
Ambulance/Fire/Police Rio Blanco Countv 970-878-5023
Hosoital -Rangelev Rangeley 511 So. White 970-675-5011
Hospital -Meeker Pioneer 345 Cleveland 970-878-5047
Sheriff Ranaelev 970-675-8311
Sheriff Meeker 970-878-5023
State Patrol Craia 970-824-6501
Poison Control 800-332-3073
Air Evacuation 970-878-5555
)
)
Grand Junction, Colorado
Nearest Medical Facility with a Trauma Unit:
St Mary's Hospital
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750 Wellington Ave
Grand Junction, CO 81501
(970) 244-2249
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EMERGENCY
RESPONSE PLAN
U~Sa ROCKIES
REGION
AUGUST 2006
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EMERGENCY RESPONSE PLAN
GENERAL APPLICATION
DATE LAST FlEVISED: 2004-J'l:o-21
f Cre~tor: EHS. Oenver
~ Date Approved: 2002-Ma.y-15
'~~~
Emergency Response is made up of two elements: 1) a response to the emergency and
2) a notification to acquire the necessary support These two elements are typically
described in emergency response plans and are designed to effectively provide life
safety, protect property, minimize risk to the environment, and manage impacts on
corporate image and reputation.
This plan, Emergency Response Plan (ERP), covers the expectations, protocols, roles,
and responsibilities to support site-specific emergency response plans. It is an
expectation that site-specific plans are in place as required by regulation for pipelines,
compressor, battery, and plant facilities. Site-specific plans for facilities on a smaller
scale than those described above will be assessed on an as required basis with
Operations and EHS.
EMERGENCY LEVEL ASSESSMENT
An emergency is an unexpected or unplanned event that demands immediate attention
and has or could result in harm to people, damage to property or the environment, loss
of process, or negative impact on corporate image and reputation. Emergencies are
defined in three levels that are universally recognized terms and familiar to most
response participants.
Level1
There is no potential danger to outside company property or right-of-way, no threat to
the public, and Company personnel can handle the situation. Notification to the
Supervisors and other authorities should be timely.
Examples of Level 1 emergencies include:
-An oil or saltwater spill of any magnitude that is confined to the lease and does not
flow onto private, state or federal property, or enter a stream, river, pond, dry
drainage.
An employee or contractor injury accident (either industrial or vehicular) resulting in
minor injury that may require medical attention, but does noi require hospitalization.
Minor property damage that does not compromise the safe operation of vehicles or
equipment.
A small natural gas release which can be contained l:>y manual valve closure or
flaring.
Small brush or structure fire.
RGNPLAN.OOC Page1 of8
EnCana Oil & Sas (USA) lnc.
·~---~----·-· ---·------·-·-----=---·-----·-·----··-·-·--c-~-~···--~··--·~---~-==~-=-~--~---~---.. --0::'' --·---' ···-·-·-.,------1 It,-~""~~ REGiON . ~.'!'-1:!!;~-~~-R_'!_VlSEO; 2004-Jan-11 lj
., I',' '' E"'ERGENCY RESPONS.-p• AN !·,· Cre.a!or: EHS, Denver L--~-===~'~"========~c~~===== Ji Date Approved: 2002-May-15 J
Level2
The potential exists for the emergency to extend beyond Company property. Therefore,
outside municipal services and the state regulatory agencies may need to be alerted
and kept informed of the situation. Immediate notification to the supervisor is
mandatory.
Examples of Level 2 emergencies include:
-An oil or saltwater spill of any magnitude that leaves the lease and flows onto
private, state orfederal property, or that may enter a stream, river, pond, or dry
drainage.
An employee or contractor injury accident (either industrial or vehicular) resulting in
hospitalization.
Property damage resulting from fires, explosions, impact, or contacts that exceeds
the safety threshold of the equipment or the structure.
Leak in a high-pressure natural gas pipeline that cannot be controlled by a manual
valve closure, but that does not represent an immediate danger to persons in the
area.
Severe thunderstorm warning issued by the National Weather Service for an area
where operating personnel are present.
Level3
Safe operating control has been lost, or a fatality has occurred, or public safety is
jeopardized, or there ls a significant and ongoing environmental impact.
Examples of Level 3 emergencies include:
-An oil or saltwater spill of any magnitude that enters a watercourse and threatens
the intake of a municipal or private water supply.
Any leak or splll (controlled or uncontrolled) that causes the evacuation of nearby
residences, buildings or facilities, or causes significant environment damage.
A fire, explosion, impact, or contact resulting in the destruction of company property,
injury to the general public and/or damage to private or public structures.
An employee or contractor injury accident (either industrial or vehicular) resulting in
a fatality.
Uncontrolled flow of flammable natural gas mixtures.
Rupture of a natural gas pipeline.
Report of a bomb threat.
Tornado warning issued by the National Weather Service for an area where
operating personnel are present
The decision to reclassify the emergency level wlll be made by the On-Site Commander
or a senior company representative. Emergency situations will be called down in
consultation with the Field Emergency Manager, Emergency Coordination Officer and
.government agencies, as required.
RGNPlAN.OOC Page 2 of 8
En Gana OD & Gas (USA} Inc_
•~==~·~~~=~°'°":--"o"'= '""'~---";,--· ·-··--=======~=~·~··~··~·· .. ~· ·~··~· =======~=· L~~ .. !?EGION
EMERGENCY RESPONSE PLAN
RISK ASSESSMENT
DATE LAST REVISED: 20<J4~Jnn-21
---if Creator: EHS, Oanver
/!Date Approved: 2002-May-·15
As company employee(s) or designated representative(s) first on the site, you are
empowered to make an assessment of the level of risk. ONLY if life safety is assured,
can immediate actions be taken to gain control, shut down, isolate, depressurize or
contain the event in an effort to minimize the overall impact. The Company sponsors
tools to assist in the risk assessment:
Basic risk questions you ask yourself before acting:
1. What could go wrong?
2. What is the impact on my values?
3. What is the impact on the Company's values?
4. What can I do about it?
Risk Assessment Matrix:
This tool identifies the company's core value areas and enables the assessment of the
impact of the event, the likelihood and probability of the event escalating, and the
recommended actions to control the risks. See copy of Risk Matrix included in the back
pocket of this manual.
RGNPLAN.DOG
ENCANA.
~
EnCana on & Gas (USA} Ina.
Page 3 of 6
DATE LAST REVISED: '1004·Jan-21 ---,I ,,
!! Creator: EHS. Denver !
~ Date Approved: 2002-tvl.ay"15 I
J! ---------· -____ J
EMIERGENCV RESPONSE PLAN
FUNCTIONAL ROLES OF THE EMERGENCY RESPONSE PLAN
There are seven functional roles involved in an emergency response, commonly
referred to as an Incident Command Structure. The nature and emergency level of the
event determine the involvement of these functional roles as illustrated in the table.
[E~;;gen~y Lev0·r··--· . -·--· "' -·---~-----------------~------------·-----·------~-
Functional Roles
~3 __ 2 1 I
I 1) On-Site Commander (most senior Company employee or Company
representative on the scene)
I 2) Emergency Coordination Officer (typically the area supervisor or the person
first contacted by the on site commander or deputy on-site commander)
3) Tactical Support Team (typically available operators and other competent
personnel in close enough proximity to the emergency area to be of assistance)
4) EHS Support (Primary EHS contacts for each Business Unit and Sub Business
UM as identified on the respective field notification charts)
5) Field Emergency Manager (typically the Sub Business Lead, their designate
or the person first contacted by the emergency coordination officer)
6) Region Emergency Manager (Business Unit Leader and other necessary
EHS, Business Services as required)
7) Region Emergency Management Team (Business Unit Leaders, EHS, Human
Resources, Legal and other necessary Business Services)
NOTIFICATION OF NEXT-OF-KIN
-At least two people should make the notification in person, not through an
intermedia;y.
-Check with the local or state police before notification is attempted, as they have
specialized departments who will also be attempting that function.
-Representatives conducting the notification should not have any time pressures, so
they are available to support the next-of-kin.
-Present only the facts; do not speculate. Do not discuss personal views of liability or
fault. Be prepared to listen to what people are trying to say and allow the next-of-kin
to vent their emotions.
-Offer assistance; document key issues and concerns. Do not make promises that
cannot be kept. Follow up on relatives' requests.
-Document the details of anyone who appears to be having trouble coping with the
incident so that he/she can be given prompt psychological support.
RGNPt..AN.OOC Page 4 of 8
EN CANA.
~
Encaoo on & Gas {USA) Inc.
!i USA REGION DATE LAST REVISED: 20-01-.liln-21
EMERGENCY RESPONSE PLAN
-Do not leave the next of kin atone. Offer to contact a neighbor, friend, relative,
minister, doctor or counsellor.
-Leave your name and telephone number with family members.
-Ensure the next-of-kin are protected from media harassment as required.
-If a contractor's employees ar·e involved, a senior official of that company should be
called to begin their notification process. A communication link should be
maintained between the contractor and the Company until all notification issues are
addressed.
NEWS MEDIA
It is important to develop and maintain a good working relationship with the news media
from the outset of any emergency. The way that both field and corporate personnel
interface with reporters will affect the public perception of the company and the
effectiveness of our response. The news media have a responsibility to report on the
incident. We have a responsjbility to provide accurate information in a timely,
consistent, and professional manner.
Sometimes the particulars of the incident are not known. Until the facts are clear,
answers to media queries should be as follows:
"On {date/ I at (time/ there has been a {what) at (where} that involved company
(facilities. employees, equipment/. "A complete statement wilt be issued by
the Company as soon as the facts have been determined; until then no further
information is available."
Until Media Relations has been engaged, the Emergency Coordination Officer will deal
with media inquiries.
Under no circumstances will the name of any accident victim be released to the public
before the next>-0f·kin are notified.
When the facts become known, a Senior Company employee will, in conjunction with
Media Relations, prepare a statement for release to the news media, if appropriate.
Media Management • Do's
-Exhibit a professional, co-operative but firm attitude and remain low-key at all
times.
RGNP!AN.OOC
ENCANA.
~.
EttCana on & Gas (USA) Inc.
Page 5 ol 8
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"1' EMERGENCY RESPONSE PLAN IJ Cceato<: EHS, Denve: ~
1 • Date Approved: 2U02-May-1 J 1: ''-~~==,-~--,~--=·· -----~~-==~=======~-~--~--=~J,,,,~--~~~----'-~---~----------"=--~'
-Know the location and telephone numbers of company spokespersons.
-Know the whereabouts of all media in your party at all times_
-Offer to follow up requests for information about the incident, rather than answer
questions yourself.
Media Management -Don'ts
-Don't try to please photographers by allowing unauthorized photo opportunities.
-Don't allow media in "No go" areas_ If they insist, request back up_
-Don't feel compelled to answer questions. You are not a spokesperson_ "I don't
know" is a good answer.
-Don't get into a confrontation with the media. It may become the story.
-Remember -Any statements made by Company employees' and/ or contractors
that may in any way deal with root cause, fault or liability have the potential lo
negatively impact the corporate reputation.
Interview Tips
-Look directly at the reporter as you answer the question. When you finish an
answer and the reporter doesn't speak -wait and don't continue speaking to
break the silence.
-Control the pace of your answer; speak calmly and deliberately. Keep it simple!
Avoid using industry jargon or technical terms.
-Express concern for individuals affected by the mishap. State that your company
is striving to rectify the situation as quici<ly as possible, and that you are diligently
following a plan.
-Listen to the question. Ask to have it repeated If necessary. Don't speculate as
to the cause. "lt's too early to tell but an investigation will determine the cause of
the accident".
-If you don't know, say so. Offer to find out and provide the answer later.
-Anything you say to a reporter at any time may be reported. Never offer to
comment "off the record". Remember you are still "on the record", even after the
camera has been turned off.
-Don't speak or comment for or speculate about other parties.
-Document reporter's name, organization, phone, and fax numbers.
ENCANA.
~-
Encana OJI & 6as {USA) lnc.
Page6of8
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INVESTDGATION AND WORK RESUMPTION
Following an accident where a serious injury or fatality has occurred, government
agencies will investigate. When possible, write down the name, company, and
telephone number of every person on location at the time of the incident Their
information could be valuable during the investigation.
All government investigators should be asked to present their credentials upon arrival at
the accident scene and, upon verification, are to be afforded full cooperation. Answer
the regulatory agency questions but do not speculate on any answers.
The EHS Reoionai Support will coordinate internal investigations and follow-up written
reports to any agency with the assistance of the fi.@.l\J-1'.DJ.@.(Qenf:_:y_]\11alliJ.9-S'I and legal
Counsel.
The Emergency Coordination Officer shall ensure that all evidence is preserved in its
original state. Do not allow removal of any equipment (evidence) that was on site at the
time of the incident. If, due to some unusual circumstance, an item of evidence must be
removed, do not allow it to be altered or destroyed and document its handling and
whereabouts.
Work at the scene must not resume until permission has been obtained from the local,
state and/or federal regulatory agencies. In some cases, work shall not resume until
Loss Control/ Insurance (insurance adjusters) has visited the site. The Emergency
Coordination Officer and EHS Regional Support shall be responsible for obtaining that
permission.
EnCana utilizes the Incident Investigation Report Form and the Time and Event Log
Form to capture all aspects of the incident. The Time and Event Log and Incident
Investigation Report Form should be provided to the EHS Business Unit representative.
These forms are included in the front and back covers of the ERP manual.
REGULATORY REPORTING REQUIREMENTS
Business Unit EHS support will ensure that the regulatory agencies are notified
appropriate to the nature of the emergency.
An accident that is fatal to one or more employees or causes the hospitalization of three
or more employees shall be reported by the Business Unit EHS support to the nearest
OSHA Area Office either orally or in writing within 8-hours of occurrence.
RGNPLAN.OOC
EN CANA.
~
Ent-anaOll & Gas-{IJSA)lnc.
Page 7 of 8
---------·-·--·-------------~~,.,,--=o=•li -~e.o===··=~-"'-=-=·:=c=-~=~·-~;
EMERGENCY RESPONSE PLAN Ii Creator: EHS, Denver II Date Approved: 2002-i\Jay-15
-----~------···-·-------··---·----=-==--=--===----o==-=--:==!~==---==-~.==--"=---===·=""'=""'==~~·==!!
If the accident involves a contractor's employee. verbal or written notification to OSHA
must be made within the required 8-hour time frame. The Business Unit EHS support
ensures that appropriate OSHA reporting has taken place.
EMERGENCY TIME and EVENT LOG
The response to emergencies can be a hectic and stressful experience. One method to
reduce the anxiety is to immediately begin a time and event log. The Jog is simple form
used to document incident facts, communications. discussion details/ times and
decisions made. A completed action log is very valuable information to recollect the
chronological order of events for causal investigations. inquiries or any continuous
improvement reviews.
CHANGE MANAGEMENT
Maintaining accurate emergency response information is the responsibility of all staff.
Any misrepresentation of contact names or contact numbers or changes should be
promptly brought to the attention of the Business Unit EHS Support.
Changes to Emergency Response Plan
The annual update will be used to modify the ERP with respect to:
• Personnel.
• Telephone numbers.
• Resident lists (if any).
• Health considerations.
• Assistance requirements.
• Road systems and evacuation routes.
• Other area facilities, pipelines and facility operations.
• Agency/regulation changes.
e Debriefing results after drills or actual emergencies.
e Evaluations of recommendations of company or contract personnel, or agency
representatives.
RGNPLAN.OOC
ENCANA.
~
EnCana Oil & 6<3S {USA) Ille.
Page 8of S
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BUSINESS SUPPORT
Sue Nichol -Hum•n Re•ourc••
Bob Thomlinson -IT S.rYicn
Tom Foeltr -Con1r otter
CAISIR MANAOFR OSNA
On Call 24 Hours
L088 CONTROL INSURANCE
Peter Duthie
llovistd: 07!2W006
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Spill Prevention Containment and
Countermeasure Plan
January 2007
Spill Prevention, Co11tai11111e11t, and Co1111ter111easure Plan
TABLE OF CONTENTS
1.0 Introduction ............................................................................................................................... 1
1.1 Purpose ............................................................................................................................ 1
1.2 General Overview ........................................................................................................... 1
1.3 Regulatory Overview ...................................................................................................... 1
2.0 Contractor Guidelines ............................................................................................................... 2
2.1 Responsible Person ( s) .................................................................................................... 2
2.2 Facilities Description and Inventory of Materials .......................................................... 2
2.2 Site Map ......................................................................................................................... 3
2.3 Inventory .......................................................................................... 3
3.0 Hazardous Materials Management ........................................................................................... 3
3.1 Overview of the Hazardous Mate1ials Proposed For Use ............................................... 3
3 .2 Training ........................................................................................................................... 4
3.3 Vehicle Refueling and Services ...................................................................................... 4
3.4 Equipment Inspection and Decontamination .................................................................. 4
3.5 Transportation of Hazardous Materials .......................................................................... 5
3.6 Storage of Hazardous Materials ...................................................................................... 5
3.6.1 Physical Storage Requirements ........................................................................... 5
3.6.2 Container Labeling Requirements for Hazardous Wastes .................................. 6
3.7 Disposal of Hazardous Wastes ....................................................................................... 7
3.8 Contaminated Containers ................................................................................................ 7
3.9 Waste Oil Filters ............................................................................................................. 7
3. 10 Used Lubricating Oils ..................................................................................................... 8
3.11 Inspection and Recordkeeping ........................................................................................ 8
4.0 Contaminated Sites ................................................................................................................... 9
5.0 Spill Control and Countem1easures .......................................................................................... 9
5.1 Physical and Procedural Response Methods .................................................................. 9
5.2 On-Site Equipment.. ...................................................................................................... 10
5 .3 Training ......................................................................................................................... 10
6.0 Notification and Documentation of Spill Procedures ............................................................. 11
6.1 Required Notification ................................................................................................... 11
6.2 Agency Notification ...................................................................................................... 12
6.3 Fee-Landowner Notification ......................................................................................... 12
6.4 Reporting Criteria ......................................................................................................... 12
6.5 Documentation .............................................................................................................. 12
LIST OF ATTACHMENTS
Attachment !-Required Contractor Submittals
Attachment 2-Inspection Logs and Spill Report Fo1ms
Attachment 3-Reportable Quantities
North Trunk # 1 P1jJe!i11e Project
Spill Prevention, Co11tai11111e11t, and Co1111ten11easure Plan
1.0 INTRODUCTION
This Spill Prevention, Containment, and Countermeasure Plan (plan) describes measures to be
taken by EnCana Oil and Gas (USA) Inc. (EnCana) and its contractors (Contractor) to reduce the
risks associated with the use, storage, transportation, production, and disposal of hazardous
materials (including hazardous substances and wastes) and petroleum products. In addition, this
plan outlines the required spill prevention and response (cleanup) procedures for the project.
In general, hazardous materials and cleanup equipment will be stored at contractor yards.
Material Safety Data Sheets (MSDS) will be maintained at contractor yards throughout the
constrnction period.
1.1 Purpose
The pmpose of this plan is to provide a description of hazardous materials management, spill
prevention, and spill response/cleanup measures associated with the constrnction, operation, and
maintenance of the project. This plan was developed as the implementing document for relevant
mitigation measures performed by both parties.
1.2 General Overview
This plan includes the following components:
• an introduction,
• a description of the spill prevention procedures related to vehicle refueling and servicing and
the transportation, storage, and disposal of hazardous materials,
• a description of the physical and procedural methods for spill control and cleanup, and
• an overview of the notification and documentation procedures to be followed in the event of
a spill.
1.3 Regulatory Overview
Major legislation pertaining to hazardous materials includes the Comprehensive Environmental
Response, Compliance, and Liability Act (CERCLA), the Resource Conservation and Recovery
Act (RCRA), the Clean Air Act, and the Clean Water Act. Numerous other federal, state, and
local regulations also govern the use, storage, transport, production, and disposal of hazardous
materials. This plan is intended to comply with and compliment existing regulations pertaining to
the safe use of hazardous materials. Persons responsible for handling hazardous materials for this
project will be trained in the proper use and management of the materials and will be familiar
with all applicable laws, policies, procedures, and best management practices (BMPs) related to
them.
North Tr1111k # I Pipeline Project 1
Spill Prevention, Co11tai11me11t, and Cou11ter111easure Plan
2.0 CONTRACTOR GUIDELINES
2.1 RESPONSIBLE PERSON(S)
The Contractor is responsible for contacting county representatives to determine county
requirements for Hazardous Materials Management Plans. Generally, counties will provide
guidelines and forms for completion and submittal to the county. As required in Attachment 1
and on the applicable county forms that the Contractor will obtain, the Contractor will designate
a primary emergency coordinator for hazardous materials management and emergency response.
Two alternates will also be identified. Business, residential, and cellular or pager telephone
numbers will be provided for all three persons as necessary, to allow for contact on a 24-hour
basis. Primary and alternate emergency coordinators will be knowledgeable of the chemicals and
processes involved in the Contractor's operation. They will have full access to all facilities,
including locked areas, and must have the authority to commit EnCana resources. They will also
have stop work authority to prevent impacts (potential or actual) to environmental resources.
2.2 Facilities Description and Inventory of Materials
The Contractor's submittals will be provided to EnCana. EnCana will provide submitted
information to the jurisdictional agencies as appropriate.
2.3 SITE MAP
The Contractor is required to provide a site/facility map for each contractor yard indicating
storage and safety precautions for hazardous materials and hazardous wastes. The Contractor's
site map will, at a minimum, indicate the following:
• orientation and scale
• total land area in square feet
• access and egress points
• buildings and/or temporary trailers
• parking lots
• adjacent land uses
• surrounding roads, storm drains, and waterways (including waterbodies and wetlands)
• locations of hazardous materials and hazardous waste storage
• underground and aboveground tanks
• containment or diversion strnctures (dikes, berms, retention ponds)
• shutoff valves and/or circuit breakers
• location of emergency response materials and equipment
• location of SPCCP and MSDS
• location of emergency assembly area
• location of clean up equipment within the yard
All maps must be provided on standard 81/z-by I I-inch paper.
2 North Trunk #1 Pipeline Project
Spill Prevention, Co111ai11111e11t, and Co1111len11easure Plan
2.4 INVENTORY
The Contractor will provide a complete inventory to EnCana of all hazardous substances that
will be used (refer to Title 40, CFR, Parts 116 and 302). All inventory fom1s required by the
relevant county will be provided by the Contractor. This inventory will be provided to EnCana's
Environmental Manager prior to construction and updated as necessary during construction of
the project.
3.0 HAZARDOUS MATERIALS MANAGEMENT
Construction, operation, and maintenance of the project will require the use of certain potentially
hazardous materials such as fuels, explosives, and herbicides. By definition, hazardous materials
(substances and wastes) have the potential to pose a significant threat to human health and the
environment based upon quantity, concentration, or chemical composition. Generally, hazardous
materials will be stored in contractor yards and not on the right-of-way. When stored, used,
transported, and disposed of properly as described below, the risks associated with these
materials can be reduced substantially.
3.1 Overview of the Hazardous Materials Proposed For Use
The following project-specific measures pertain to all vehicle refueling and servicing activities as
well as the storage, transportation, production, and disposal of hazardous matetials (substances
and wastes). These measures are intended to prevent the discharge of fuels, oils, gasoline, and
other harmful substances to waterbodies, groundwater aquifers, and/or other sensitive resource
areas during project construction.
Hazardous materials (substances) used during project construction may include solvents,
explosives, and other substances. In addition, petroleum products such as gasoline, diesel fuel,
lubricating oils, and hydraulic fluid will be used. Some of these materials will be used in
relatively large quantities in contractor yards and on the right-of-way to operate and maintain
equipment during construction. Explosives may be used for blasting rock on portions of the
right-of-way. The use of explosives for this project is discussed in detail in the Blasting Plan.
Smaller quantities of other materials such as herbicides, paints, and other chemicals will be used
during project operation and maintenance. These materials will be used to control noxious weeds
and facilitate revegetation on the right-of-way, and to operate and maintain processing and meter
stations dnring the life of the project.
Additional materials may be necessary at other locations along the right-of-way (e.g., wide
waterbody crossings, hydrostatic test stations) and at off-right-of-way contractor yards. Listings
of other hazardous materials that will be used during construction, operation, and maintenance of
the project will be identified on the Hazardous Substances Inventory fonn included in
Attachment I. EnCana will compile and update the inventory of hazardous materials used or
stored on the project as needed throughout the life of the project. This information will be
provided to the appropriate regulatory agencies as required.
North Trunk# 1 Pipeline Project 3
Spill Prevention, Co11tai11me11t, and Cou11ten11eas11re Plan
3.2 Training
All project personnel will receive basic spill prevention trammg as part of the
environmental/safety training class. The Contractor is required to maintain a record of those
workers who have received environmental/safety training and ensure that only trained employees
are allowed to work on the project. In addition, all Contractor personnel who will be involved
with the transportation and storage of fuels or hazardous substances, equipment maintenance, or
spill response will be required to attend a higher level training class given by the Contractor as
described in Section 5.2.
3.3 Vehicle Refueling and Services
Construction vehicles (e.g., trucks, bulldozers, etc.) and stationary equipment (e.g., pumps,
generators, etc.) will be fueled and serviced in upland areas at least 200 feet from waterbodies
and wetlands. If stationary equipment cannot be located at least 200 feet from waterbodies and
wetlands because of topographic conditions or space limitations, special precautions (e.g. placing
pumps and small refueling cans in secondary containment structures) will be taken to prevent the
spill or release of hazardous materials into the waterway. Fueling will not occur within 200 feet
of private wells or 400 feet of municipal wells. When selecting refueling areas, consideration
will be given to slopes and other topographic conditions. Refueling locations will generally be
flat to minimize the chance of spilled substance reaching a waterbody. In most cases, rubber-
tired vehicles will be refueled and serviced at local gas stations or contractor yards off the right-
of-way. Tracked vehicles will typically be refueled and serviced by fuel and service vehicles on
the right-of-way.
Every effort will be made to minimize the threat of a fuel spill during refueling and servicing.
Fuel and service vehicles will carry a minimum of 20 pounds of suitable absorbent material to
handle potential spills. In addition, all vehicles will be inspected for leaks prior to being brought
on-site and regularly throughout the construction period. In the event that a leak is found,
equipment will not be allowed to operate until all leaks have been repaired. Vehicles will also be
equipped with fire-fighting equipment as specified in the Fire Prevention and Suppression Plan.
Construction equipment requiring maintenance which might result in the draining or leaking of
fluids will be serviced only after a 12 mil plastic liner has been installed between the equipment
and the soil. This liner must be placed in such a manner that all fluid is contained.
Washing of construction vehicles (such as concrete trucks) will be allowed only in upland areas
at least 200 feet from waterbodies and wetlands. Washing areas will be contained with berms or
barriers to prevent migration of wastewater and sediments into waterbodies. Waste concrete
material will be removed and properly disposed of once it has hardened.
3.4 Equipment Inspection and Decontamination
Prior to moving equipment onto the right-of-way, all equipment will be checked for leaks and
drips, and any necessary repairs will be completed prior to removal from the contractor yard.
4 North Trunk #I Pipeline Project
Spill Prevention, Co11tai11me11t, and Cou11ten11easure Plan
.5 Transportation of Hazardous Materials
Procedures for loading and transporting fuels and other hazardous materials will meet the
minimum requirements established by the Department of Transportation (DOT) and other
pertinent requirements. At all times, hazardous materials will be transported in DOT approved
containers. Prior to transporting hazardous materials, appropriate shipping papers will be
completed. Transportation of hazardous materials will be allowed only on approved access roads.
Vehicles carrying hazardous materials will be equipped with shovels, barrier tape, 4 to 6 mil
plastic bags, personal protective clothing, and spill pads to contain a small spill should one occur
during transport. In addition, vehicles transporting such materials will be properly signed
(placarded) and marked. Prior to transporting hazardous materials, vehicles will be inspected for
leakage and other potential safety problems. The Contractor will ensure that vehicle drivers are
properly trained to respond to and report spills, leakage, and/or accidents involving hazardous
materials (see Section 5.2 of this plan).
All hazardous materials used for the project will be properly contained and labeled at all times,
including during transportation. Smaller DOT approved containers will be used on-site to
transport needed amounts of hazardous materials to a specific location. Transfer of materials
from large to small containers will not be done by hand pouring, but will be accomplished using
appropriate equipment including pumps, hoses, and safety equipment. These smaller service
containers will also be clearly labeled. Special provisions apply to the transportation of
explosives and are discussed in the Blasting Plan.
3.6 Storage of Hazardous Materials
Hazardous materials will be stored in contractor yards and designated temporary use areas
located at least 200 feet from the edge of waterbodies and wetlands. Stationary equipment
(pumps, diesel powered generators, etc.) will be located at least 200 feet from the edge of
waterbodies and wetlands. If storage areas cannot be located at least 200 feet from waterbodies
and wetlands because of topographic conditions or space limitations, special precautions will be
taken to prevent the spill or release of hazardous materials into the waterway. These precautions
will include limiting the quantity and amount of time such materials are stored near the
waterbody or wetland, providing secondary contaimnent, and using trained personnel to monitor
activities at the storage site. Storage of greater than 55 gallons of hazardous materials will not be
pe1mitted within 200 feet of waterbodies or wetlands. Cleanup materials, including absorbent
spill pads and plastic bags, will also be stored in these areas. Hazardous materials will not be
stored in areas subject to flooding or inundation.
3.6.1 Physical Storage Requirements
• Security-Hazardous materials will be stored in secure areas to prevent damage, vandalism,
or theft. During construction hours, hazardous materials may be stored temporarily on the
right-of-way but overnight storage on the right-of-way will be prohibited. All storage
containers will remain sealed when not in use and storage areas will be secured (gated,
locked, or guarded) at night and during non-construction periods.
North Trunk# I Pipe/i11e Project 5
Spill Prevention, Co11tai11111ent, and Cou11tenneas11re Plan
• Storage Containers-Containers will be compatible with the hazarc'
stored. If the container leaks or becomes damaged, the substancf
container in good condition. The Contractor will inspect contai,
discover any leaks in the containers or the containment systems. ; L
transportation must comply with the DOT requirements, including those i,_ q r
173.
• Secondary Containment-Secondary containment will consist of bermed or diked area,
are lined and capable of holding 110 percent of the volume of the stored material plus any
potential precipitation accumulation and will be provided for fuel and oil tanks stored on-site.
• Container Management-Containers holding hazardous substances will be kept closed
during transfer and storage, except when it is necessary to add or remove the substance.
• Incompatible Wastes-Wastes that are incompatible with other wastes will not be placed in
the same container, or in an unwashed container, that previously held an incompatible
material.
• Ignitable or Reactive Substances-Substances that may ignite or are reactive must be located
at least 50 feet from the construction yard boundary. "NO SMOKING" signs will be
conspicuously placed wherever there is a hazard from ignitable or reactive waste. Examples
of ignitable wastes are paint wastes, certain degreasers, thinners and solvents (petroleum
distillates), epoxy resins, and adhesives. An example of reactive waste that may be found at
construction yards is pennanganate and manganese wastes from dry cell batteries.
• Stom1water-It may be necessary to drain accumulated stormwater from within the
secondary containment areas that contain the fuel storage tanks. If the stormwater has been
contaminated, absorbent pads or booms will be used to remove floating petroleum products.
After the contamination has been removed, the stormwater will be left to evaporate, if
possible, otherwise it will be disposed of in an appropriate manner. Prior to disposal, the
Environmental Inspector will check for sheen or other evidence of contamination.
3.6.2 Container Labeling Requirements for Hazardous Wastes
The Contractor will comply with the following labeling requirements for any on-site container
(including tanks) used to store accumulated hazardous wastes. The containers will be labeled as
required in Title 40 CFR Part 262 and will contain at least the following information:
• chemical name (oil, diesel, etc.),
• accumulation start date and/or the date the 90-day storage period began, and
• the words "Hazardous Waste" and warning words indicating the particular hazards of the
waste, such as "flammable", "corrosive", or "reactive".
6 North Trunk#} Pipeline Project
Spifl Prevention, Co11tai11111e11t, and Countermeasure Plan
3.7 Disposal of Hazardous Wastes
The Contractor will be responsible for ensuring that all hazardous wastes generated during their
operations are collected regularly and disposed of in accordance with all applicable laws. If state
laws pertaining to waste disposal are more stringent than federal laws, state laws will take
precedence. The Contractor will determine details on the proper handling and disposal of
hazardous waste, and will assign responsibility to specific individuals prior to construction of the
project.
Hazardous wastes typically include chemicals, spent batteries, and other items. The Contractor
will ensure that every effort will be made to minimize the production of hazardous waste during
the project including, but not limited to, minimizing the amount of hazardous materials needed
for the project; using alternative non-hazardous substances when available; recycling usable
materials such as paints and batteries to the maximum extent; and filtering and reusing solvents
and thinners whenever possible.
Any Contractor (generator) producing more that 100 kilograms per month of hazardous waste
must apply for an EPA Identification Number. Contractors (generators) producing less than 100
kilograms per month are considered conditionally exempt small quantity generators. A generator
can store hazardous wastes on-site for a period of up to 90 days without having to obtain a permit
as a storage facility, or as a small quantity generator up to a total of 1000 kilograms.
3.8 Contaminated Containers
Containers that once held hazardous materials as products or which held hazardous wastes must
be considered as potential hazardous wastes due to the residues of hazardous contents that may
persist. In order for the container to be handled as non-hazardous waste, regulations require that
the container be essentially empty and that certain handling requirements for the empty container
be followed, including the following:
• The containers must be empty, which means as much of the contents have been removed as
possible so that none will pour out in any orientation.
• Empty containers less than 5 gallons will be disposed of as a non-hazardous solid waste.
• Empty containers greater than 5 gallons, will be:
returned to the vendor for re-use,
sent to a drum recycler for reconditioning, or
used or recycled on-site.
3.9 Waste Oil Filters
Used, metal canister oil filters can be managed as solid waste as long as they are thoroughly
drained of free-flowing oil (oil exiting drop-by-drop is not considered free-flowing); the filters
are accumulated, stored, and transfeJTed in a closed, rainproof container. Waste oil filters are best
drained by puncturing and gravity draining while the filter is still hot.
North Trunk# I Pipeline Project 7
Spill Prevention, Co11tai11111e11t, and Cou11ten11easure Plan
3.10 Used Lubricating Oils
Waste lubrication oil, including contaminated soil and rags, have specific requirements for
storage, transportation, and disposal. The Contractor is considered a "Used Oil Generator" and as
such must meet the following requirements:
• Have a SPCCP certified by a registered Professional Engineer and approved by EnCana.
• Conduct spill prevention briefings to ensure adequate understanding by all workers.
• Label all storage containers "Used Oil''.
• Ensure storage containers do not have visible leaks and have secondary containment equal to
110 percent, plus potential precipitation.
• Designate an individual who is accountable for managing oil spills.
• Hire a subcontractor with an EPA identification number for the transportation of used oil, or
limit transported quantities to 55 gallons.
• Dispose of used oil in a manner consistent with state and federal regulations.
• Provide documentation ifrequired.
3.11 Inspection and Recordkeeping
The Contractor will inspect all storage facilities on a regular basis, but not less than weekly. The
Weekly Hazardous Materials Inspection Log in Attachment 2 will be used to record the
condition of the facility. The Contractor will provide a copy of the weekly inspection log to
EnCana's Environmental Inspector. In addition to the weekly log, the Contractor will maintain
records for hazardous materials and hazardous wastes as required by all applicable federal, state,
and local regulations and permit conditions. Record keeping requirements include:
• hazardous material/waste inspection log,
• transportation documents (e.g., bills oflading, manifests, shipping papers, etc.),
• training records, and
• spill report forms.
EnCana's Environmental Inspector will monitor, inspect, document, and report on the
Contractor's compliance with all hazardous materials and hazardous waste management
practices.
8 North Trunk#] Pipeline Project
Spill Prevention, Co11tai11111e11t, and Cou11tenneas11re Plan
4.0 CONTAMINATED SITES
This general procedure is included as a contingency in the event that unexpected or unknown
(pre-existing) contaminated sites are encountered during the course of construction. During the
course of construction, some potential exists for encountering contaminated soils, groundwater,
or other materials. Should such a situation develop where there is a reasonable basis for believing
that contaminated materials have been encountered (where contamination is suggested by visible
indications or unusual odors), the Contractor will stop work and immediately notify the Encana
Inspector. The Encana Inspector will complete notifications as required in Section 6.1.
Contaminated sites will be cleaned up as discussed in Section 5.1.
5.0 SPILL CONTROL AND COUNTERMEASURES
The measures described in Section 3.0 of this plan are intended to prevent the spill of hazardous
materials during normal project construction, operation, and maintenance activities. However,
not all potential spill situations can be reasonably foreseen or prevented. The following section
outlines the physical and procedural steps to be taken in the event of a spill. In general, the
Contractor will:
• Specify containment and cleanup procedures.
• Provide necessary materials and labor.
• Perform all reporting and documentation, as required. Notification and documentation of
spills is discussed in greater detail in Section 6.0 of this plan.
5.1 Physical and Procedural Response Methods
Physical response actions are intended to ensure that all spills are promptly and thoroughly
cleaned up. However, the first priority in responding to any spill is personnel and public safety.
Construction personnel will be notified of evacuation procedures to be used in event of a spill
emergency. In general, the first person on the scene will:
• Attempt to identify the source, composition, and hazard of the spill or stain.
• Isolate and stop the spill and begin clean up of the spill or stain, if possible (i.e., ifit is safe).
• Contain spills or stains, of unknown substances, in a barrel or plastic to prevent migration,
store properly, and obtain a sample of the unknown substance for laboratory analysis.
• Notify appropriate personnel and initiate reporting actions.
• Initiate evacuation of the area if necessary.
Persons should only attempt to clean up or control a spill if they have received proper training.
North Trunk# I Pipeline Project 9
Spill Prevention, Co11tai1111ie11t, and Countermeasure Plan
Untrained individuals will immediately notify the Contractor's primary or alternate emergency
coordinators.
In general, expert advice will be sought to properly clean up major spills. For spills on land,
berms will be constructed to contain the spilled material and prevent migration of hazardous
materials or petroleum products toward waterways. Dry materials will not be cleaned up with
water or buried. Contaminated soils will be collected using appropriate machinery, stored in
suitable containers, and properly disposed of in appropriately designated areas off-site. After
contaminated soil is recovered, all machinery utilized will be decontaminated, and recovered soil
will be treated as used oil if contaminated with petroleum products (refer to Section 3 .10) or
hazardous waste if contaminated with hazardous waste (refer to Section 3.7). Contaminated
cleanup materials (absorbent pads, etc.) and vegetation will be disposed of in a similar manner.
For major spills, cleanup will be verified by sampling and laboratory analysis.
If spilled materials reach water, booms and skimmers will be used to contain and remove
contaminants. Other actions will be taken as necessary to clean up contaminated waters. Cleanup
materials including absorbent spill pads and plastic bags will be placed on-site at waterbodies
and wetlands when construction is occurring within 200 feet of these areas.
5.2 ON-SITE EQUIPMENT
The following equipment will be maintained on-site with each crew using heavy equipment for
use in cleanup situations:
• shovels
• absorbent pads/materials
• personal protective gear
• fire fighting equipment
• medical first-aid supplies
• phone list with emergency contact numbers
• storage containers
5.3 Training
The Contractor will provide spill prevention and response training to appropriate constrnction
and personnel. Persons accountable for catTying out the procedures specified herein will be
designated prior to construction and informed of their specific duties and responsibilities with
respect to environmental compliance and hazardous materials. The Contractor is required to
maintain a record of those workers who have received training. Note that this training is in
addition to the general environmental/safety training that will be conducted by the Contractor.
The Contractor's training will be provided to inform appropriate personnel of site-specific
environmental compliance procedures. At a minimum, this training will include the following:
• a review of EnCana and Contractor SPCCPs, and discussion of individual responsibilities,
• an overview of all regulatory requirements,
10 North Trunk #1 Pipeline Project
Spifl Prevention, Co11tai11111e11t, and Co1111tenneas11re Plan
• methods for the safe handling/storage of hazardous materials and petroleum products,
• spill prevention procedures,
• operation and location of spill control materials,
• inspection procedures for spill containment equipment and materials,
• emergency response procedures,
• use of personal protective equipment (PPE),
• procedures for coordinating with emergency response teams, and
• standard information regarding a spill to be provided to EnCana for agency notification.
6.0 NOTIFICATION AND DOCUMENTATION OF SPILL PROCEDURES
Notification and documentation procedures for all spills that occur during project constmction,
operation, or maintenance will conform to applicable federal, state, and local laws. Adherence to
such procedures will be the top priority once initial safety and spill response actions have been
taken. The following sections describe the notification and documentation procedures, and
should be implemented in conjunction with the response procedures listed in other sections of
this plan.
6.1 Required Notification
Notification will begin as soon as possible after discovery of a release. The individual who
discovers the spill will contact EnCana's Inspector. If the Inspector determines that the spill
meets the criteria for immediate verbal notification of government agencies (see Section 6.1.4,
Reporting Criteria) and/or determines that the spill may threaten human health or the
environment, he/she will immediately notify EnCana's Environmental Manager who will make
the required agency notifications as described below. On ELM lands, all spills greater than 1
gallon and any spill that threatens or enters a waterbody or wetland will be reported. Prior to
beginning the notification process, the individual initiating notification should obtain as much
information as possible to clearly document and communicate the situation.
The following mandatory notifications will be made by the Environmental Manager. The
appropriate government agencies will be selected based on the geographic location of the spill
site.
• 911 will be called if the spill is deemed to be an emergency
• GJFO BLM, Grand Junction, C0-(970) 244-3000
• WRFO BLM, Meeker, C0-(970) 878-3800
• National Response Center (NRC)-(800) 424-8802 for amounts exceeding the federal
reportable quantity for that material (Reportable Amounts are included in Attachment 3)
• Colorado Department of Health and Environment-(303) 692-3500 non-emergency
• Colorado Department of Health and Environment-(303) 756-4455 emergency
• Colorado State Patrol (Grand Junction)-(970) 248-7278
• Colorado State Patrol (Craig)-(970) 824-6501
• Local Emergency Management-notified at the following numbers:
North Trunk # 1 Pipeline Project 11
Spill Preve11tio11, Co11tai11111e11t, and Counlenneasure Plan
Garfield County, Glenwood Springs, C0-(970) 945-9151
Rio Blanco County, Meeker, C0-(970) 878-5023
6.2 AGENCY NOTIFICATION
When notifying a regulatory agency, EnCana's Environmental Manager will provide the
following information:
• current threats to human health and safety, including known injuries, if any
• spill location, including landmarks and nearest access route
• reporter's name and phone number
• time and date the spill occurred
• type and estimated amount of hazardous materials involved
• potential threat to property and environmental resources
• status ofresponse actions
6.3 FEE-LANDOWNER NOTIFICATION
When a spill poses a direct and immediate tlu-eat to health and safety and/or property, the fee-
landowners potentially affected by the spill will be directly notified by EnCana. The Alignment
Sheets included as Attachment 1 of the Plan of Development delineate land ownership along the
entire right-of-way and will be used to determine affected fee-landowners. Immediate
notification of fee-landowners is required for all situations in which the spill poses a direct and
immediate threat to health and safety and/or property.
6.4 REPORTING CRITERIA
The Contractor will report to EnCana's Inspector all hazardous substance releases regardless of
size, any spill which threatens or enters any waterbody, any petroleum spill larger than 25
gallons, and spills of any substance that are over 1 gallon in size on BLM lands. Verbal reports
are required immediately following a major spill when doing so would not delay clean up or
administration of urgent medical care. EnCana's Environmental Inspector will determine if the
spill meets the following criteria for immediate agency notification:
• any release of hazardous material over the applicable reportable quantities (refer to
Attaclnnent 3-List of Reportable Quantities)
• a spill which threatens or enters a waterbody or wetland
• a petroleum spill over 25 gallons
• any spills greater than 1 gallon on BLM lands
6.5 Documentation
The Contractor will maintain records for all spills. Agencies that EnCana verbally notified of a
release will be provided written notification by EnCana within 30 days. Within 24 hours, the
Contractor will provide a written report (see Attachment 2) to EnCana for all reportable spills
12 North Trunk #1 Pipeline Project
Spill Prevention, Co11tainme111, and Co1111ten11eas11re Plan
requiring agency notification.
The Contractor will record spill inf01mation in a daily log. The following is a list of items that
should be included in the daily log (as appropriate, based on the spill incident):
• time and date of each log entry
• name of individual recording log entry
• list of all individuals notified, including time and date
• type and amount of material spilled
• resources affected by spill
• list ofresponse actions taken, including relative success
• copies of letters, permits, or other communications received from government agencies
throughout the duration of the spill response
• copies of all outgoing correspondence related to the spill
• photographs of the response effort (and surrounding baseline photographs ifrelevant)
North Tr1111k # 1 Pipeline Project 13
Spilt Prevention, Contai11111e11t, and Cou11ten11eas11re Pla11-Attac/1111e11t 1
ATTACHMENT I-REQUIRED CONTRACTORSUBMITTALS
Piceance Gathering Pipeline Project
Spill Prevention, Co11tai11n1ent, and Countermeasure Pla11-Attacl11ne11t I
EMERGENCY CHECKLIST
* * DIAL 911 FOR EMERGENCY RESPONSE* *
Emergency Coordinator: __________ L_) _____ L_) ____ _
First Alternate: LJ LJ ---------------
Contractor Telephone Number
Address
EMERGENCY NUMBERS
Emergency Response
Colorado State Patrol (Grand Junction)
Colorado State Patrol (Craig)
Poison Control Center
Toxic Information Center
Nearest Hospitals
911
(970) 248-7278
(970) 824-6501
(800) 342-9293
(800) 233-3360
AGENCY NOTIFICATIONS (To be made by EnCana Environmental Manager)
National Response Center (NRC)
GJFO BLM, Grand Junction, CO
WRFO BLM, Meeker, CO
Colorado Department of Health and Environment (non-emergency)
Colorado Department of Health and Environment (emergency)
Local Emergency Management
Garfield County, Glenwood Springs, CO
Rio Blanco County, Meeker, CO
Piceance Gathering Pipeline Project
(800) 424-8802
(970) 244-3000
(970) 878-3800
(303) 692-3500
(303) 756-4455
(970) 945-9151
(970) 878-5023
Al-I
Spill Prevention, Co11tai11111e11t, and Co1111ter111easure Plan-Attac/1111e11t 1
CONTRACTOR'S SITE MAP
Contractor site map will, at a minimum, depict the following:
• orientation and scale
• total land area in square feet
• access and egress points
• buildings and/or temporary trailers
• parking lots
• adjacent land uses
• surrounding roads, storm drains, and waterways (including waterbodies and
wetlands)
• locations of hazardous materials and hazardous waste storage
• underground and aboveground tanks
• containment or diversion structures (dikes, berms, retention ponds)
• shutoff valves and/or circuit breakers
• location of emergency response materials and equipment
• location of SPCCP and MSDS
• location of emergency assembly area
• location of clean up equipment within the yard
All maps must be provided on standard 8%-by 11-inch paper.
Al-2 Piceance Gathering Pipeline Project
Spill Prevention, Contai11n1e11t, and Cou11ten11easure Plan-Attacl1111e111 I
CONTRACTOR'S POTENTIAL SPILL SOURCES
Contractor will identify all sources of potential spills, including tank overflow, rupture or
leakage. Spill Prevention, Control and Countermeasure information must be included for
all containers larger than 660 gallons. or that have a total capacity of 1320 gallons at one
location that contain oil, including petroleum, fuel oil, sludge, oil refuse, and oil mixed
with waste, as required in 40 CFR Part 112.
(1) Material: _______________ Total Quantity ________ _
Location of use:-----------------------------
Potential direction of flow: ________ _ Maximum rate of flow: _______ _
Structures or equipment to contain spills: ___________________ _
(2) Material: _______________ Total Quantity ________ _
Location of use: -----------------------------
Potential direction of flow: Maximum rate of flow: -----------------
Structures or equipment to contain spills: ___________________ _
(3) Material: _______________ Total Quantity ________ _
Location of use: -----------------------------
Potential direction of flow: _________ Maximum rate of flow: _______ _
Structures or equipment to contain spills: ___________________ _
(4) Material: _______________ Total Quantity ________ _
Location of use:-----------------------------
Potential direction of flow: Maximum rate of flow: -----------------
Structures or equipment to contain spills: ___________________ _
Picea11ce Gathering Pipeline Project Al-3
Spill Prevention, Contai11111ent, and Co11nten11eas11re Pla11-Attach111e11t I
CONTRACTOR'S HAZARDOUS SUBSTANCES INVENTORY
Contractor will identify all hazardous substances which will be used or stored on the
project to EnCana.
(1) Material: ___________________________ _
Location of use:-------------------------------
Storage location: ____________________________ _
Expected Quantity On Hand:-------------------------
(2) Material:-----------------------------
Location of use:-------------------------------
Storage location: ____________________________ _
Expected Quantity On Hand:-----------------------
(3) Material: ___________________________ _
Location of use:-------------------------------
Storage location: ____________________________ _
Expected Quantity On Hand:-----------------------
(4) Material: ___________________________ _
Location of use:-------------------------------
Storage location: ____________________________ _
Expected Quantity On Hand:-----------------------
Picea11ce Gathering Pipeline Project
Spill Preve11tio11, Co11tain111e11t, and Co1111ter111eas11re Pla11-Attacl1111e11t 2
ATTACHMENT 2-INSPECTION LOGS and SPILL REPORT FORMS
Piceance Gathering P1j>eli11e Project
Spill Prevention, Co11tai11111e11t, and Co1111ten11easure Pla11-Attac/1111e11t 2
HAZARDOUS MATERIALS AND WASTES INSPECTION LOG
For each item listed below, Contractor will indicate whether existing conditions are acceptable
(A) or unacceptable (U). Contractor will inspect all storage facilities on a regular basis, but not
less than weekly. Contractor will keep records of all inspections on file. Contractor will provide a
copy of the completed form to the Inspector on a weekly basis.
STORAGE AREAS FOR FUELS, LUBRICANTS, AND CHEMICALS
General
__ Construction yard or storage areas secured
__ Storage areas properly prepared and signed
__ Material Safety Data Sheets available
SPCCP available
__ Emergency response equipment available on-site
Hazardous Materials Management
__ No evidence of spilled or leaking materials
__ Incompatible materials separated
__ All containers labeled properly and securely closed
__ All containers upright
__ No evidence of container bulging, damage, rust, or corrosion
Secondary Containment Areas
__ Containment berm intact and capable of holding 110% of material stored plus precipitation
__ Lining intact
__ No materials overhanging berms No materials stored on berms
__ No flammable materials used for berms
Compressed Gases
__ Cylinders labeled with contents
__ Cylinders secured from falling
__ Oxygen stored at least 25 feet away from fuel
Piceance Gathering Pipeline Project A2-l
Spill Prevention, Co11tain111ent, and Countenneasure P!a11-Attac/1111e11t 2
HAZARDOUS MATERIALS AND WASTES INSPECTION LOG
HAZARDOUS WASTE MANAGEMENT
Waste Container Storage
__ No evidence of spilled or leaking wastes
__ Adequate secondary containment for all wastes
__ Separate containers for each waste stream-no piles
__ Waste area not adjacent to combustibles or compressed gases
__ All containers securely closed
__ Bungs secured tightly
__ Open-top drum hoops secured
__ All containers upright
__ No evidence of container bulging, corrosion
__ No severe container damage or rust
__ Containers are compatible with waste
__ No smoking and general danger/warning signs posted
Waste Container Labeling
__ Containers properly labeled
__ Name, address and EPA ID number or ID Number of generator listed (Not required if
Contractor is an exempt small quantity generator.)
Accumulation start date listed
__ Storage start date listed
__ Chemical and physical composition of waste listed
__ Hazardous property listed
Non-Hazardous Waste Areas
__ No litter in yard
No hazardous wastes or used oil mixed with trash
__ Empty oil and aerosol containers for disposal are completely emptied
A2-2 Piceance Gathering Pipeline Project
EnCana Oil & Gas (USA) Inc.
May 23 , 2007
Craig Richardson
Garfield County Building and Planning
108 81h Street, Suite 401
Glenwood Springs, CO 81601
Hello Craig:
EnCana Oil & Gas (USA) Inc. tel : (970) 285-2667
2717 County Road 215 fa x: (970) 285-2691
Suite 100
Parachute, CO 81635 pres ton.nelson@encana .com
www.encana.com
Attached is the addendum for the North Trunk# 1 Noxious Weed Report completed by Westwater
Engineering Inc. The required addendum to the weed report was necessary to identify potential noxious
weed populations along the right-of-ways during the spring growing season . Let me know if you have any
additional questions.
Thanks,
Preston Nelson
Permit and ROW Coordinator
RECEIVED
MAY 2 9 2007
r-.
·.>·ll <:f. ·~1.0 "
&u 1L Oi flJ G & PCLAOUN TY
NN ING
2516 FORESIGHT CIRCLE, #1 GRAND JUNCTION, CO LORADO 8 150 5 (970) 241-7076 FAX : (970) 241-7097
May 22, 2007
Preston Nelson
EnCana Oil and Gas (USA), Inc .
27 17 County Road 2 15
Parachute, CO 8163 5
Via e mai l : preston.nelson@ encana.com,
brenda.linsterherndon@ encana.com
RE: Cou nty Ro ad 69 Pipeline Right-of-Way Inv asive Weed Issu e
Mr. Nelson:
At the request of EnCana, West W a ter bi o lo gists in spected the E nCana Trunk Line# l and
associa ted CDP discharge line s on May 11 , 2007. A previous surv ey was perfo rm ed and
s ubmitted in January 2007. T he ROW was locate d by the biologists, and it should be noted that
the map provided needs to be updated . The biologists found no evidence of weeds in the
proposed alignment. The survey did not include the recentl y cleared area, however it was bare
gro und at present, and therefore no weeds would be s u spected.
P lease feel free to contact our office if you have any questions concerning thi s report, or i f we
can be of service in a ny w ay.
Sincerely,
Mary Wilson-Nichols
Environmenta l Scientist/Geologist
H
o 150 soo 1,000 Ful w+c
It I I I I I I I I I S _,
' '
.. .. .
\ S 1>r i n,r1.~
250 500 Ftct ·+
APPROXJ~1 A TE TOT A L PlPELINE DISTANCE = 18 .965 ' -!-
LEGEND :
EXISTl~G PIPE Ll~E
----------PROPO<;fD TR t '"-11'!
EnCana OIL & GAS (USA) INC.
"ORTH TRL':\1' :I
SECTIONS:!. 4 . 5 & 6. TSS.. R96W . 61bl'_\t_
SECllOXS 33 &! 34 . H S. RQ6W .6thP.M.
TOPO~.=~ Pll IC l! t9 Q§ I!! I