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HomeMy WebLinkAbout2.0 Staff ReportAPPLICANT: REPRESENTATIVE: GENERAL LOCATION: 05)1"`"( v3 LAca-d-,0-6>ki_Af • ,to Cou-60 (Je) MEMORANDUM ETC CANYON PIPELINE, LLC WAGON WHEEL CONSULTING, INC., JIMMY SMITH SOUTHWEST OF PARACHUTE IN SEC. 36, T 7S, R 96W TERMINATING IN SEC. 9, T 7S, R 94W PIPELINE WIDTH & PIPELINE LENGTH: 24 INCH NATURAL GAS PIPELINE & 14.3 MILES IN LENGTH COMPRESSOR STATION: NONE ARE PROPOSED IN APPLICATION DATE: MAY 19, 2008 Re: Administrative Pipeline Development Permit for ETC Canyon Pipeline, LLC, known as the "South Parachute Loop" Upon an initial review, the Application was deemed technically complete on April 29, 2008 and has been reviewed against the submittal requirements required in Resolution 2005-53 and required in Section 9.07 of the Garfield County Zoning Resolution of 1978, as amended. This letter shall constitute Garfield County's review of the project. (Site plan map attached at the end of report) I) GENERAL PROJECT DESCRIPTION Staff has reviewed the Pipeline ROW Application for the "South Parachute Loop" for ETC Canyon Pipeline, LLC. Staff understands that the project generally consists of the construction of 14.3 miles of 24 inch diameter buried, steel, natural gas pipeline and related valve facilities. The pipeline begins at an existing 12 inch pipeline interconnect located in Section 9, Township 7S, Range 94W and terminates at a point in Section 36, Township 7S, Range 96W. The pipeline will reside totally within Garfield County. Of the total 14.3 miles of pipeline, approximately 3.5 miles will be installed on BLM lands. The remaining 10.8 miles will be on private fee properties. Construction is proposed to occur with one construction spread and is scheduled to start as soon as approval is received from the Garfield County Planning Director and should be completed approximately 14 to 16 weeks later. ETC Canyon Pipeline, LLC has requested a 30 foot permanent right-of-way width along with an additional 30 foot of temporary construction right-of-way. The pipeline will be installed immediately adjacent to existing pipelines currently operated by ETC Canyon Pipeline as well as pipelines, within the same corridor, owned by other operators within the surrounding area. This route was selected so as to minimize disturbance of virgin right-of-way. Construction of the pipeline will utilize previously disturbed right-of-way to the greatest extent possible. Two temporary staging areas, located on private properties have been selected for use during mobilization and demobilization of equipment and for the delivery of pipe and materials. Right -of -Way agreements to include one two acre staging area located on EnCana property and one four acre staging area located on the Martin property have been obtained from the private landowners. The 24 inch diameter pipeline will offset the existing pipeline by a distance of 15 feet and will be installed at a depth so as to allow for 48 inches of cover above the top of the pipe. Where irrigation ditches are encountered, ETC plans to use a bore technique to cross under the ditches in order to maintain water flow and to prevent damage to the integrity of the ditch. Approved utility permits have been obtained from the Garfield County Road & Bridge Department for the proposed road crossings on CR 301 & CR 303 in the Application. II) OTHER LETTERS RECEIVED Staff received a letter on May 14, 2008 addressed to the Board of County Commissioners (BOCC) from one of the adjacent property owners of this proposal, Ms. Sharon Gardner. I believe Ms. Gardner faxed a copy of her letter to the BOCC. Her comments are as follows, "In looking at map provided in her opinion there is not much detail regarding pipeline and associated pipeline facilities. As a landowner adjacent to the pipeline she thinks she will be affected by this pipeline and that it would be helpful if the Commissioners would require a hearing so the pipeline company can explain exactly what is intended and the public has an opportunity to ask specific questions". III) REFERRAL AGENCY COMMENTS Staff referred the Application to the following Agencies / Departments whose comments are included here for review and attached to this letter which is required by Resolution 2005-53: A. Rifle Fire Protection District: No comments received. B. Grand Valley Fire Protection District: A letter dated May 7, 2008 from Rob Ferguson, Deputy Fire Chief was received with the following comments. "After reviewing this site Pipeline development plan application I would like to see one minor correction. In section 5.2 Fire Suppression Contacts "Parachute Fire Department" should state Grand Valley Fire Protection District. I will assume that there will be access to the area and along the pipeline in case of an emergency and we will be able to get fire apparatus to the scene. Therefore the District will not need any extra accommodations made during the duration of this project". C. Garfield County Road & Bridge Department: A letter was received from Jake Mall of the Garfield County Road & Bridge Department on May 2, 2008 that stated they have no objection to this application but have the following comments: 1) Road crossing permits and a temporary driveway access permit have been issued by Garfield County Road & Bridge Department with conditions for the permits. 2) Garfield County Road & Bridge Department shall be notified 24 hours prior to starting road crossings. 3) All vehicles working within Garfield County ROW shall be licensed and or permitted in the state of Colorado or have appropriate permits. 4) All vehicles hauling equipment and materials for this project shall abide by Garfield County's oversize/overweight permit system. All vehicles requiring oversize/overweight permits shall have on file with Garfield County Road & Bridge Department a letter from the Energy company/s that owns the wells that is selling gas to Canyon Gas stating that these vehicles can obtain permits under their bond on file with Garfield County. 5) Dust suppressant shall be required on roads that are used for hauling equipment and materials for this project. Water may used on roads that are not long term haul roads at the discretion of Garfield County's representative. D. Garfield County Vegetation Management: The following comments dated 5/18/2008 were received from Steve Anthony and they are as follows: Noxious Weeds Weed Management: The weed management plan is acceptable. It is recommended that the applicant initiate weed management activities prior to the start of construction. In areas of mapped county listed noxious weeds, during construction, before leaving the site, all off road major construction equipment (graders, dozers, etc) working in areas of mapped noxious weeds should be power washed to remove seeds, soil, and vegetative matter. Again, this is only in areas of mapped county listed noxious weeds. Cheatgrass is not a county listed noxious weed. We are primarily concerned about spreading chicory, Russian knapweed, and plumeless/musk thistle seeds. Washing stations located in areas of mapped noxious weeds will help prevent the spread of noxious weeds. The applicant alludes to the spread of noxious weeds via construction equipment on pages 8 and 11 of the Integrated Vegetation and Noxious Weed Management Plan and has committed to cleaning equipment as a best management practice. Revegetation Plan: The revegetation plan is acceptable. All seed tags must be saved and made available to the Vegetation Management Department for verification. Revegetation Security Please ask the applicant to quantify the surface area to be disturbed in acres. We will then request $2500 per acre security for disturbances on private land. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. Sensitive Plants In the permit application, the applicant has included a letter from their biological consultants, Westwater Engineering, dated April 21, 2008. In the letter WestWater states that no individuals of the sensitive plant species, Penstemon harringtonii have been observed. However, the letter continues on to state that the eastern extent of the alignment is within 1/8 mile of the most westerly known occurrence of the species in Garfield County. The portion of the alignment with the highest potential for this plant is located at the eastern most extent of the alignment which has not been surveyed. Given the early growing season date of the surveys, it is unlikely we will be able to positively determine if this species is present since penstemon in the project area are not yet in bloom. The Bureau of Land Management concurs with above information, and has indicated to this office that there are numerous populations of known Harrington's penstemon on BLM land within 600-1000' east of the proposed pipeline in T 7S, R94W, Section 9. Staff recommends that surveys be conducted for this sensitive species on private land before the project proceeds. Timing on Harrington's penstemon surveys is critical. Flowers are needed to distinguish this species from the common Osterhout's penstemon. Flowering usually occurs in June. Surveys could be conducted in May to verify whether penstemon rosettes are present. If rosettes are found along the proposed route, then the site would need to be resurveyed when the plants are in bloom. E. Garfield County Oil & Gas Liaison: No comments received. F. Mountain Cross Engineering: Comments were received from Chris Hale of Mountain Cross Engineering dated May 16, 2008. His comments are as follow: The BLM office has not yet issued a grant of easement. A copy of the BLM grant, authorized and executed, should be submitted to Garfield County prior to issuing a permit. The Garfield County Construction Permits GRB08-U-43 through GRB08-U- 46 for utility installation in a public right-of-way have expired. Extensions or new permits will be required. A copy of the CDPHE Stormwater Discharge Permit Associated with Construction Activities should be submitted to Garfield County. A groundwater discharge permit was included but not a stormwater discharge permit. Contact information for the Environmental Inspectors should be provided to Garfield County. Whether or not any of the drainages have mapped FEMA floodplains is not discussed. Garfield County flood plain permits may be required. A copy of completed as -built information should be submitted to Garfield County. IV) SUMMARY OF REVIEW The current pipeline system is at full capacity of approximately 20 million standard cubic feet per day and is experiencing high operating pressures due to the increasing produced volumes. The proposed 24 -inch pipeline is designed to handle anticipated increases in natural gas production from wells currently being drilled as well as future wells to be drilled by operators in this area. The pipeline alignment selected is immediately adjacent to an existing ETC Pipeline. The route was selected so as to minimize disturbance of virgin ROW. Construction of the pipeline will utilize previously disturbed ROW to the greatest extent possible. The applicant has agreements with surface owners to cross their property. ROW Agreements have also been obtained from private owners where the two staging areas will be located. All adjoining property owners have been notified of this request. Approved utility permits have been obtained from the County Road & Bridge Department. V) DECISION OF DIRECTOR Therefore, upon substantive review of the documents submitted against the required standards and criteria in Section 9.07.06., Staff has made a determination of Approval with Conditions for the ETC Canyon Pipeline, LLC "South Parachute Loop." The specific conditions include the following: 1) Any equipment used in construction or operation of a pipeline must comply with the Colorado Oil and Gas Conservation Commission Rules and Regulations, Section 802, Noise Abatement. Additionally, all power sources used in pipeline operations shall have electric motors or muffled internal combustion engines. ETC Canyon Pipeline, LLC will comply with these regulations. All construction equipment, including personal vehicles will be muffled to meet required regulations. No permanent power sources are anticipated as part of this project. 2) Pipeline operations shall be located in a manner to minimize their visual impact and disturbance of the land surface. Facilities shall be painted in a uniform, non - contrasting, non -reflective color, to blend with the adjacent landscape. Right-of- way shall be located in existing disturbed areas unless safety or visual concerns or other adverse surface impacts clearly dictate otherwise. ETC Canyon Pipeline, LLC will comply with this requirement. The selected route is immediately adjacent to existing pipelines and will be installed within a previously disturbed corridor, therefore no additional visual impact or new disturbance will occur. All above ground appurtenances will be painted juniper green so as to blend in with the surrounding terrain. 3) All access and oversize or overweight vehicle permits shall be obtained from the County Road & Bridge Department prior to beginning operation. Any new roads or intensified driveway accesses created as a result of the pipeline construction, intended to be permanent for maintenance and repair operations shall be placed behind a locked gate or other barriers preventing use by recreational vehicles. Any gates or barriers need to be consistent with the surface owner's preferences. The primary contractor has obtained all necessary vehicle permits required for the transportation to and construction of this project. No new, permanent roads will be constructed for the construction or operation phases of this project. All surfaces owner stipulations will be met. 4) All vehicles working within Garfield County Right of Ways shall be licensed and registered in the State of Colorado. All vehicles hauling equipment and materials for the pipeline construction shall abide by Garfield County Road & Bridge Departments oversize/overweight regulations. All vehicles requiring an oversize/overweight permit shall send a letter showing proof that they can operate under a known bond holder on file with Garfield County Road & Bridge Department before a permit will be issued. The construction contractor has been informed that all vehicles shall be licensed and registered in the State of Colorado. All vehicles hauling equipment and materials to and from the project will abide by Garfield County Road & Bridge Department regulations to include designated haul routes. ETC Canyon Pipeline has obtained the required $500,000 bond to be held by Garfield County Road & Bridge Department (see attachment "A"). 5) The Applicant shall provide the County with a digital alignment of the pipeline once constructed in a format readable to the County Geographic Information System (GIS) analyst ETC Canyon Pipeline, LLC will provide a digital alignment to Garfield County in both PDF and Autocad formats upon completion of the pipeline construction. 6) In no case shall an operator engage in activities which impact Federal or State threatened and endangered species. ETC Canyon Pipeline will comply with all laws and regulations set forth by Federal and State agencies. An Environmental Inspector will be on site during the construction of the pipeline to insure no impacts to threatened and endangered species. 7) Air contaminant emissions shall be in compliance with the applicable permit and control provisions of the Colorado Air Quality Control Program, Title 25, Resolution 7, C.R.S. ETC Canyon Pipeline, LLC will comply with all requirements and control provisions stipulations stipulated within the approved permit. 8) All operations shall comply with all applicable Federal and State Public Health and Environment, Noise, and Air and Water Quality Control standards. ETC Canyon Pipeline, LLC will comply all applicable Federal and State Public Health and Environment, Noise and Air and Water Quality Control standards. ETC has employed a third party environmental company to insure compliance. 9) Any proposed waste disposal or treatment facilities shall comply with all requirements of the County Individual Sewage Disposal System Regulations. The primary contractor has employed the services of a certified sewage disposal company to provide, maintain, and dispose of all waste materials. Records will be kept by the contractor and made available by the contractor to ETC Canyon Pipeline, LLC, upon request, of all waste disposal records. 10) Should any abandoned pipeline be removed, it will be subject to the original revegetation and weed management requirements in the original application. The existing 8" pipeline, owned and operated by ETC Canyon Pipeline, LLC, will remain in operations following the completion of the proposed project. There are no plans for abandonment of the pipeline. 11) There shall be no entrances to any County roads for the project and the only impact to the County road system shall be during the construction of the pipeline project. ETC Canyon Pipeline, LLC will comply with this regulation. 12) The Applicant shall satisfy the following comments from the County Vegetation Manager as follows: a) The Applicant shall initiate weed management activities prior to the start of construction. ETC Canyon Pipeline, LLC will initiate the Integrated Vegetation and Noxious Weed Management Plan prepared by Westwater Engineering specifically for this project. b) In areas of mapped county listed noxious weeds, during construction, before leaving the site, all off road major construction equipment (graders, dozers, etc) working in areas of mapped noxious weeds shall be power washed to remove seeds, soil, and vegetative matter. ETC Canyon Pipeline, LLC will require the primary contractor to power wash all equipment prior to entering or leaving designated areas. c) All seed tags shall be saved and made available to the Vegetation Management Department for verification. All seed tags will be saved by the Environmental Inspector and will be cataloged and submitted to the Vegetation Management Department following completion of the reseeding phase of the project. d) The Applicant shall quantify the surface area to be disturbed in acres. A requirement of $2500 per acre security will be calculated for disturbances on private land. The calculated area of disturbance, on private lands, for this project is 78.5 acres. ETC Canyon Pipeline, LLC has obtained a reclamation bond in the amount of $196,250.00 to be held by Garfield County (see attachment "B". e) The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. ETC Canyon Pipeline, LLC will continuously monitor the revegetation of the disturbed areas and will call for inspection at the appropriate time and request the release of the bond with the concurrence of the Vegetation Management Department representative. f) The Applicant shall survey the area for Harrington's penstemon species on private land before the project proceeds pursuant to Steve Antnony's comments. Timing on Harrington's penstemon surveys is critical. If rosettes are found along the proposed route, the site would need to be resurveyed when the plants are in bloom. Pipeline alignment should be re -aligned to avoid plant population if possible. The area was surveyed by Westwater Engineering and no Harrington's penstemon was on or near the right-of-way boundary. 13) The Applicant shall satisfy the comments from Mountain Cross Engineering, Inc. as follows: a) The Garfield County Construction Permits GRB08-U-43 through GRB08-U-46 for utility installation in a public right-of-way have expired. Extensions or new permits shall be required to be submitted prior to permit issuance. Extensions of the permits have been obtained from Garfield County Road & Bridge Department (see attachment "C"). b) A copy of the CDPHE Stormwater Discharge Permit Associated with Construction Activities should be submitted to Garfield County. A groundwater discharge permit was included but not a stormwater discharge permit. A copy of the two (2) CDPHE Stormwater Discharge permits, applicable to this project are attached (see attachments "D & E") c) Contact information for the Environmental Inspectors shall be provided to Garfield County. The contact information for the Environmental Inspector is: Mark Carlson Aspen Environmental 541-891-2834 d) Whether or not any of the drainages have mapped FEMA floodplains is not discussed. Garfield County flood plain permits may be required. This shall be verified and Garfield County Planning shall be notified of the findings in writing. All drainages on the pipeline project are not identified within FEMA floodplains. This has been confirmed by Westwater Engineering. e) A copy of completed as -built information should be submitted to Garfield County. An as -built will be provided to Garfield County, in autocad format, upon completion of the project. 14) That the Applicant obtains an approved BLM 299 Permit for the section of pipeline corridor area applicable in this application. A copy of the approved permit must be submitted to the Garfield County Planning Department as a condition of approval for this proposal. A copy of the approved BLM Land Grant will be provided to Garfield County Planning Department as requested. 15) That the Applicant obtain an approved US Army Corp of Engineers Permit for the section of pipeline corridor area applicable in this application. A copy of the approved permit must be submitted to the Garfield County Planning Department as a condition of approval for this proposal. A copy of the approved US Army Corp of Engineers permit will be provided to the Garfield County Planning Department as requested. 16) In Section 5.2 of the application under Fire Suppression Contacts, the Applicant shall make a correction to the Fire Department to state as "Grand Valley Fire Protection District" and not "Parachute Fire District." Correction has been made (see attachment "F") 17) The Applicant shall satisfy comments made by the Garfield County Road & Bridge Department which are as follows: a) Road crossing permits and a temporary driveway access permit have been issued by Garfield County Road & Bridge Department with conditions for the permits. All conditions shall be met before permit can be issued. All conditions will be met. Road & Bridge Department will be notified following completion of crossings for inspections. b) Garfield County Road & Bridge Department shall be notified 24 hours prior to starting road crossings. A minimum of 24 hours notice will be given prior to commencement of construction. c) All vehicles working within Garfield County ROW shall be licensed and or permitted in the state of Colorado or have appropriate permits. Contractor has been notified verbally and in writing of the regulations. ETC personnel will assist in monitoring for compliance. d) All vehicles hauling equipment and materials for this project shall abide by Garfield County's oversize/overweight permit system. All vehicles requiring oversize/overweight permits shall have on file with Garfield County Road & Bridge Department a letter from the Energy company/s that owns the wells that is selling gas to Canyon Gas stating that these vehicles can obtain permits under their bond on file with Garfield County. Construction contractor will obtain all oversize/overweight permits as required. ETC Canyon Pipeline, LLC has obtained a $500,000 bond to be held by Garfield County Road & Bridge Department as required (see Attachment "A"). e) Dust suppressant shall be required on roads that are used for hauling equipment and materials for this project. Water may used on roads that are not long term haul roads at the discretion of Garfield County's representative. ETC Canyon Pipeline, LLC and their contractors will comply with this regulation. ETC will work closely with the Garfield County Road & Bridge Department to determine the correct suppression material to be utilized on any given road specifically. This determination has been sent to the Board of County Commissioners to determine if they will call up the matter. Staff will let you know if this matter is called up by June 2, 2008. (Note, no activity can be done on the project until all conditions have been met.) Do not hesitate to contact this office if you have any questions. Sincerely, 1 ■ ._ _ 1 6 3' , 1ii -._.. "�MIPv�, 111 301...NNW n _r 1.1-11 I t �` %�ji I. -;,tr . x f�*g 14 14 kw!'' t IIhilahlk P=sed 13 17 9esa I I. Lr ., •'. 11 ATTACHMENT "A" BOND NUMBER Corporate Surety Bond STATE OF COLORADO COUNTY OF GARFIELD ROAD AND BRIDGE BOND Bond No. 022022699 KNOW ALL MEN BY THESE PRESENTS, that we, ETC Canyon Pipeline, LLC, as Principal, and Liberty Mutual Insurance Company as surety, are held and firmly bound unto Garfield County, Colorado, as Permittor, in the sum of Five Hundred Thousand Dollars ($500,000,00) lawful money of the United States to be paid to Permitter, for the use and benefit of Permitter, for which payment, will and The condition of the foregoing obligation is such that, WHEREAS, the Principal conducts Midstream Natural Gas Operations in Garfield County, Colorado and utilizes Ponnittor's roads to conduct such business for which, flout time to time, may require a permit to transport heavy equipment over said roads. NOW, THEREFORE, the Principal shall be obligated to pay all monies, rentals, royalties, cost of reclamation, damages to the surface and improvements thereon and any other costs which arise by operation of the above described permit(s) accruing to the Permittor and shall fully comply with all other terms and conditions of said permit, the rules, regulations, and policies relating thereto of the Perrnittor as they may now exist or may from time to time be modified or amended. This obligation is in effect even if the Principal has conveyed the permit to a successor in interest. If the principal fully satisfies the above described obligations, then the surety's obligation to make payment to the Permitter is void and of no effect, otherwise, it shall remain in full force and effect until released by the Permitter. ed, sealed h,= presen deliver lid ' A - *t an<. itn r. BOND . COMPANY' Liber ual Ins Kevin J. D Residing Age Bonding Company Address P. 0. Box 53910 Lubbock, TX 79453 Name: Title: Attest: Corporate Seal of l3onding Company Must be Affixed. 'THIS POWER OF ATTORNEY IS NO.T:VALID_ UNLESS IT IR PRINTED ON RED BACKGROUND. 2283648 This Power of Attorney Ilmlla the acts of those., named herein, and theyjiave no authority to bind_ the Company except In the manner and to LIBERTY ▪ tu BOSTON,MASSACHUSETT$.:? - - :P-OWEROFATTORNEY'I -' KNOW ALL PERSQNS BY THESE--PRESENTS::1 That Liberty Mutual Insurance Company (the "Company) a„Massachusetts, stock Insurance company; pursuant to and by aul6ot ty:of the Bylaw and Authorization herelnafter set todh; does horeby name, constitute and appoint [: _ KEVIN J. DUNN, CARR D4IANCOCK; gNNIFER MADDENJALL OFTHE CITY OFL.UBSQCI r STATE OFTEXAS l\ A.tY. f14 4Y F.I.ir.. i 1 4 1 t' ..1..▪ . each IndMdually if there be more than ono rtarhed Its crus andlawful attornoyln fact t0 make execute, seal acknowledge and deliver,•for and on Its behalf as'surgty and as act anddee;iehy:alall tndertakings bonds recognrzancesand othersuret,ry obliggatloksii the penal sum not exceedg TWENTY MILLION AND00/10p rd_: -.-:-:--::-;:710(51:1301s 0: 20,Q00,000 0U* each and -the execution -of sucti'undedakings bonder re0ognizariees and"ether surety obi l9a06ns irl pursuancd of these prepenta,. 11 be es binding upmithe Company.as i theyharhbeen duly s geed bytho president @nd.'attested by ihose0%tary Of the Comoanyln;thelr own propi3r persoas. - - That this power Is made and executed.putsuant foetid by authors pf thgTollowing By law and _Authotlzation .� ARTICLE XIII-. Execullon of Contracts: Section 5 Surety Bonds and Undertakings. : ;Any officeref the Company. authorized: for that purposein writing by the chalmian=or the preskienf and subjevt to such as_the. .Chairman or The president may prescribe, shall appoint such attorneysthi fact, is may be necessary to act In behalf of the Company to; make; 'execute, seal, acknowledge'and deliver:.as surety any and all iiindertakings,-bonds, Tecognizanoeearid. :othersurety obligations,:Such attomeys-in-fact sub ect:to the Ilmitatlons set forth In their respective powers of attorney, shall. have lull power to bind the Company by their en .signature d Mimi*�oh o �hy such Instruments and to attach thereto the seal of- the Company..' When so executed such:lnatruments shall be E:EaS binding as If signed bythe president and attested by the Secretary. - By the foliowlhg lostmnient the chaimian or the president has aufiiodzed itis officer or other official named tfiereln to appoint attomeys-in fact: -< Pursuant to"Atticie X01, Section 5 of the Garnet W. Elliott; Assistant Secretaryof Liberty Mutual Insurenca Corhpany, is herby :autbodzed 10 appotntsuch attorneys -fn -tact as may be:necessary to act fn behalfof the Cornpanyio make, execute, seat, acknowledge; and deliver as suretyany and all undertakings, :bends, recognlzances and other suretyryobligatloos. - That the Byiaw and theAuthorizegonaet forth above are tme coples thereof and are now in hill force and effect. IN WITNE$S'WHEREOF, this Power of Attomoy;has been subscribed by en:authodzed oHlper.oroflldal of the Company and the corporate- seer of Liberty Mutual Insurance. Company has boon atflxed thereto In Plymouth Meeting, Pennsylvahle ihls lath: day of • --February - COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY _ LIBERTY MUTUAL INSURANCE COMPANY Rys %r/_ - Garnet W. Elliott,:Asslstent Secretary - - OS this _13th day'et -February. --: 200R'. -before me a NotaryPublic, personally; came Garnet W. Elliott to mo known,'arid acknowledged that he Is an Assistant Secretaryof Liberty Mutual Insurance-Coinpany; that he knows the seal of saki corporation; and that he executed the above Power of Attorney and of xe e1 a corporate seal of Liberty MUtual Insurance Company 1110reto with the authorityandat the: direction of said corporatbn. IN TESTIMONY WH , _ ed�(t unto subscdtied my name endaf lied my notarial seal at Plymouth Meeting, Pennsylvania, on; the day and year first above -written. Q` �. N t'e cotM.;O1w@ALTROPPEf41YLVNiw/% - -. Jer sa�Nottaar PrthliC; T«esaPiieanmaywu+c CERTIFICATE 4 1, the underaighed, Assistan fret ty.;01 L b@rty Mutual Insbrahce Company.-skiihereby Cel(& that th0 odglhal power uf-attorney 01 .01101) the toregoing Is a hill, true and correct copy is to fuff felce and effect on the date oflhla cceffrflcate and 1 do further cerufythatlhe officer or otticial who executed.the eaidE power of alta hey la an Assistant Secretary, specially authortzod 1 Dia chairman or the(presIden(to appoint attorneys-In-feal as provided in Article Section.5 of the.By.-.laws of Liberty Mutual Insurance Company) - - This certificate and ths'above power of attorney may be signed by lacsimlle er mechanically reproduced signatures tinder and by authority of -the - -- following vote of the board of directors of LibertyMutualinsurance CrempanY ata: meeting duly called and held on the 12th, day of March,1980. - VOTED that -the facsimile ormechanlcally, reproduced signature-ofany assistent'secretery et the company:_ wherever appearing upon a - `-certified copy of any.pewer.of_ettorney Issued by the- CompanyIIn connection with suretybonds, shall be valld and binding:upon the company P.Pn6Offi .sitdetuner ir¢t6. et IN TESTIMONY WHEREOF4I havve hereunto subscribed my barite antiaffixed the corporate seal of the said company, this 3rd une ATTACHMENT "B" BOND NUMBER Corporate Surety Bond STATE OF COLORADO COUNTY OF GARFIELD RECLAMATION BOND Bond No. 022022695 KNOW ALL MEN BY THESE PRESENTS, that we, ETC Canyon Pipeline, LLC, as Principal, and Liberty Mutual Insurance Company as surety, are held and firmly bound unto Garfield County, Colorado, as Permittor, in the sum of One Hundred Ninety Six Thousand Two Hundred Fifty Dollars ($196,250.00) lawful money of the United States to be paid to Permitter, for the use and benefit of Permittor, for which payment, will and truly to be made„we bind ourselves, and each of us, and each of our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. Signed with our hands and seals this 3rd day of June , 2008, The condition of the foregoing obligation is such that, WHEREAS, the Principal applied or will apply for a Pipeline Development Plan Permit for the Principal's South Parachute 24” Loop Pipeline Project for which right-of-way revegetation shall be necessary. NOW, THEREFORE, the Principal shall be obligated to pay all monies, rentals, royalties, cost of =Initiation, damages to the surface and improvements thereon and any other costs which arise by operation of the above described permits) accruing to the Permittor and shall fully comply with all other terms and conditions of said permit, the rules, regulations, and policies relating thereto of the Permittor as they may now exist or may from time to time be modified or amended. This obligation is in effect even if the Principal has conveyed the permit to a successor In interest. If the principal fully satisfies the above described obligations, then the surety's obligation to make payinent to the Pemrittor is void and of no effect, otherwise, it shall remain in fill force and effect until released by the Permittor. Si: e,, sealed • delive //presont; f: 114, Car- ✓ Hanc• 'Vitn&' Residing A$@� Kevin J. Dunn Bonding Company Address P. 0. Box 53910 Lubbock, TX 79453 Name: Title: Attest: Corporate Seal ofBonding Company Must be Affixed. • -THIS POWER OF ATTORNEY IS NOT:,VALID UNLESS IT IS PRINTED CN RED BACKGROUND. -: This Power -of Attorney [Otte the acts of thosenamed herein, ;enclthey:have no authority to bind the COmpany;except in -'L_ IBERTY MUTUAL INSURANCE COMPANY _ ' BOSTON,MASSACHUSETTS_'- _ - POWER OF ATTORNEY 2283647 he manner and 'to • (.KNOW AL1. PERSONS BY THESE -'PRESENTS:`. -That Liberty: Mutual. insurance Cpmpeny (S'Company°), a Massachusetts- Stock insurance company, pursuant to at)d by authority of the Rylaw and Authorization hereinafter set fodh, deosilereby name, constiluteand appoint ' KEVIN 4. DUNN, CARR P, HANDOCK,.4RNNIFER MADDEN, ALL; OFTHE CITY OF LU.BBOCIC,STATE OFTEXAS each Individually If there be mote titah one named, italraiffidtlawiul altorneyyin fact tc make execute; seal, asknQWledge and deliver for add Snit§ = behalf as surety and as its act and deed any` -and all undertardngs, bonds recognlzances and other Autety obtl adonsin,the penal slim not exceeding TWENTY MILLION AND OQ/104'•"`••" •••"•••` ' DOLLARS•($ 2U,Q04,000 00 """ .-. )•each, and -the execulonl of Such • undertakings bond&; repognizances - arrdethee surety otilf aUOns, tp pufauante ofzthese prosenta<Shali be as binding upoq_the :: Companyas if they had been duly signed by the president &kiattested by gilateSeretary pttf a Company ip thefrown proper persons. rsuarttto and by authonllFpf the ioilovArig By law and Authodiaiion:: ARTICLE XIII r Execution of.Cot*ete, 3eCtIon 5. Surely Bonds an -by the 0 An officer I the Cam n "ut odz d for: t ose: m'sin ;b the chabman or the i esldent may prescnbe, shall appoint such attomevs•tn•faet, as may be necessary to act In -be make;. v 1 alt b is That this power Is made e9 e•xecuted pu y pa y a h e the pUrp g yaking proudest and subject to such limitations;as-the. CD rn N O7. 0• 5 „'g g u. o QRE E& w. at 3 :Charmanor Ste pr half of the .Company to :execute, seat,. acknowledge and deliver as surety. any. and all undertakings; bonds, r0cognizanoes e14 other surety:obligatIOns. -fact, a -In -fact sub act io the llmitatlons[set forth In- hal d Co b `th signature and execution of any such in• atruinents and l -es binding self Signed by the;presfdent and attestatl b following insW meet the chairman dr the president has eel ierizetl the Stoner or other (Act' named theroIn to appolntattomays-jn tach "Pursuant to'Aiticle X116 Section 5 of theBy-Laws, 00met W. Elliott ,_Assistant Secretary of t Ih ,rty Mutual Insurance Company, Is hereby nSfApt as bebecessaryaoact in behalf of the Company to make,e$eseal,.acknowledoe and °-Such. their respective. powers pf.attornoy, s f have NII power to bin the..: mpany y. o attach thereto theseal otth o Company.When so executed such instrumento shall by the secreta y- _ - - By the _,.thodzed to -appoint such-attorneys•i defiver as surety any and all undertakings; bonds,recognizances and:other suretyobligation5. - - - That the Bylaw and the Aethorizatlon set forth above are we copses thereof and are now in furl forts and effect. IN WITNESS WHEREOF; this Power 01 Attorney fids been subscribed by ari'authodzedofilcer or offfclaiof tho Company and the corporate seal o Uberty Mutgal Insurance Company hesboon affixedlhereto In Plymouth Meeting: -Pennsylvania this 13th - day of February 2008 COMMONWEALTH OF: PENNSYLVANIA sS -'r. RTY MUTUAL INSURANCE COMPANY carnet W. Bilotti Assistant Secretary On this 13th day of - February ; - 2008` `before me a Notaiy Public,.personaily came Snmat W Elliott, to me known • and acknowledged that he is an Assistant Secretary of•❑berty Mutual insurance Company;'that he knows the seat of said corporation; and that he ekecuted the above Power of Attorney, and affixed the coryorato seal of Liberty Mutual Insurance Company thereto vrlththe authority and at the direction of said oorporatlon,'_ IN TESTIMONY unto subsodbed m nme:andaxed rayntedalseal at PI mouthN1pating, Pe_nns vanla,_onShe daYan.d ear ffrst above -Written:. -;g: CERTIFICATE --Y 9qy pU�. 1, the undersigned Asststan retary 9f Liberty Mutual Insurance Company, do.hereby cealfy that She original power of attorney of which the foregoing is a full, true end correct copy Is in fuj. force and effect on the:date of thisIcedlfloate and f do further-cerdfy.that the nfff ter or official who executed: the said power of attorney-1an Assistant $dentary speolalty authotlz@tl byttfe:chairmanOrtho. president to-appolntattomeys-in•facl as provided in Adlcle - _ XIII; Section 5 of the By-laws of -Liberty Mutual Insurance Company; - - - - - - • - This certificate and the :above power of al omey may be signed by facsimile or mechanically reproduced•elgnatures`Linder and by authority of -the [` folbwing vote of theboard of directors of Liberty Mutual Insurance Company at ameefing duly palled end held on the l2th day of March, 1980. -'• VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, -wherever appearing upon a _ certified copy of any power of attorney issued by the: company In connection with -surety bonds,; shall bo valittand binding upon the company -- with the same force and effect as though manually afflked. - •- =-r IN TESTIMONY WHEREOF, I have hereunto sabscnbed my name and affixed the corporate seal of the saidoompany, this 3rd day. of = 4 TROPE Y t'Qt-, a 4.pYe!a:Ndao*y .-FIimas'hTio.t446 f4tycc Ter, P(a.l•tsA•<cd•tbn0N044.1 aPastelia,Notary Pubflp; . Davi& M, Carey; Ass I Secretary ATTACHMENT "C" Garfield County To: Building & Planning Re: Permit Extensions Date: June 4, 2008 To Whom It May Concern: Road and Bridge Department 0567 County Road 352 This letter it to serve as permit extensions for permit numbers GRB 08-U 43, 44.45 and 46 for the South Parachute Loop Pipeline. The permit extensions are for a period of 90 days starting June 4, 2008. If ou have questions or concerns contact me at the numbers below. e B. Mall Administrative Foreman Garfield County Road & Bridge Department Office: (970)625-8601 Ext. 104 Cell: (970)618-6194 PO.Box 426 Rifle, CO 81650 Phone: 970-625-8601, Fax: 970-625-8627 ATTACHMENT "D & E" STATE OF COLORADO Bill Ritter, Jr., Governor James B. Martin, Executive Director Dedicated to protecting and Improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. 3. Laboratory Services Division Denver, Colorado 80246.1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver, Colorado 80230-6928 TDD Line (303) 691-7700 (303) 692-3090 Located in Glendate, Colorado httpl/www.cdphe.siate.co.us 2/28/2008 Brian Peters, Dir Eng & Ops E T C Canyon Pipeline LLC, 1600 Broadway Ste 1900 Denver, CO 80202 720/225-4000 RE: Final Permit, Colorado Discharge Permit System — Stormwater Certification No: COR -038333 Parachute Garfield County Local Contact: Scott Pierce, Field Supervisor 970/263-0934 Dear Sir or Madam: Colorado Department of Public Health and Environment Enclosed please find a copy of the permit and certification which have been issued to you under the Colorado Water Quality Control Act. Your Certification under the permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of the permit. Please read the permit and certification. If you have any questions please visit our website at : www.cdohe.state.co.us/wq/petmitsunit/stormwater or contact Matt Czahor at (303) 692-3517. Sincerely, Kathryn Dolan Stormwater Program Coordinator Permits Unit WATER QUALITY CONTROL DIVISION xc: Regional Council of Governments Local County Health Department District Engineer, Technical Services, WQCD Permit File STATE OF COLORADO Bill Ritter, Jr., Governor James B. Martin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver, Colorado 80230.6928 TDD Line (303) 691-7700 (303) 692-3090 Located in Glendale, Colorado http://www.cdphe.state.co.us 2/28/2008 Brian Peters, Dir Eng & Ops E T C Canyon Pipeline LLC, 1600 Broadway Ste 1900 Denver, CO 80202 720/225-4000 RE: Final Permit, Colorado Discharge Permit System — Stormwater Certification No: COR -038335 Rulison Garfield County Local Contact: Scott Pierce, Field Supervisor 970/263-0934 Dear Sir or Madam: Colorado Department of Public Health and Environment Enclosed please find a copy of the permit and certification which have been issued to you under the Colorado Water Quality Control Act. Your Certification under the permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of the permit. Please read the permit and certification. If you have any questions please visit our website at : www.cdnhe.state.co.us/wg/permitsunit/stormwater or contact Matt Czahor at (303) 692-3517. Sincerely, Kathryn Dolan Stormwater Program Coordinator Permits Unit WATER QUALITY CONTROL DIVISION xc: Regional Council of Governments Local County Health Depadotent District Engineer, Technical Services, WQCD Permit File ATTACHMENT "F" Fire Suppression Contacts Construction Phone Number Office Location BLM Lands, Colorado Garfield County (970) 257-4800 Grand Junction Interagency Fire Dispatch Center Private and State Lands, Colorado Garfield County (970) 285-9127 Garfield County Sheriffs Office in Parachute Rifle Fire Department 911 Rifle, CO Grand Valley Fire Protection District 911 Parachute, CO Environmental Inspector- Greg Norton 435-621-0285 Job Site Fire Guard — Ingrid Norton 801-309-5359 Job Site 5.2 MONITORING Contractor will mark the location and boundaries of all extinguished fires. The extinguished fire site will be monitored by the Contractor for a minimum of 24 hours. Monitoring includes walking the fire site perimeter, as well as crossing through the site. The Fire Guard will maintain a log of all extinguished fire locations for future reference. 6. NOTIFICATION 6.1 NOTIFICATION PROCEDURES Construction crewmembers will report all fires, whether extinguished or uncontrolled, to the Fire Guard. If the fire is uncontrolled, Contractor's Fire Guard will call the nearest fire suppression agency (refer to Fire Suppression Contacts), and the Company. Information regarding the location of the fire, property ownership, and closest access roads should be provided to the Dispatch Office and the Company. If a reported fire is controlled, but not extinguished, the Fire Guard will call to notify the nearest fire suppression agency to alert them of the situation. The status of the fire will be monitored by the Fire Guard and when extinguished, the nearest fire suppression agency will be notified. See table for a list of fire suppression contacts. May. 13. 2008 2:O1PM GARFIELD CO LIBRARY 9702857477 No. 2200 P. 1/1 1304,rcl r an4y1410G;&-ners 61/44/ e.rd2, 117 ETC £1n 7 d a el1;4 e, , L L C 56 LA FarttatiA,4-e. cepori Tear oa rA Tvi. /Pe ging a4t- vyi plr'o vt' 6c -i ere, o --I- 1 I,tc„k 7)66:d re.4 et Y^i. i viot pipeNisei am cel 4.SoCiakeal F120 �✓ - a'-b� 1 ie R.5 Avtd OWI e r who will b e. ctac=- by ►Y4;6 � e,�lf°� e Ir / Wo h e ! p Pik." efryytwi e_rs Wo I/erIiq So ch a+ *he_ r1eT1 a t. p y 2-6211, eypiezinf EXev.Py wha'is ;Yri-e4tcleci ciThe plat • 1145 all Opp or �-t I:y # sk 7e611 -Pte, q..tt e64 -i ors a --or ())(kr 1 rg ` ,df er, ,, cn1 a4A,A) CG rred array j! & ,l (d; /P/ itvw):1 ' { rec,Im r RECEIVED MAY 1 4 2008 GARFIELD COUNTY BUILDING & PLANNING May 16, 2008 Ms. Cathi Edinger Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN MAY $ 9 2008 �R�ILLD BOLDING & pl./INNING G RE: Review of ETC Canyon Pipeline, LLC: South Parachute Loop Dear Cathi: This office has performed a review of the documents provided for the Pipeline Development Plan of the South Parachute Loop by ETC Canyon Pipeline, LLC. The submittal was found to be thorough and well organized. The following comments, questions, or concerns were generated: 1. The BLM office has not yet issued a grant of easement. A copy of the BLM grant, authorized and executed, should be submitted to Garfield County prior to issuing a permit. 2. The Garfield County Construction Permits GRB08-U-43 through GRB08-U-46 for utility installation in a public right-of-way have expired. Extensions or new permits will be required. 3. A copy of the CDPHE Stormwater Discharge Permit Associated with Construction Activities should be submitted to Garfield County. A groundwater discharge permit was included but not a stormwater discharge permit. 4. Contact information for the Environmental Inspectors should be provided to Garfield County. 5. Whether or not any of the drainages have mapped FEMA floodplains is not discussed. Garfield County flood plain permits may be required. 6. A copy of completed as -built information should be submitted to Garfield County. Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, /MoJ1n : in Cross Eng i leering, Inc. is Hale, PE 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.94 5.5558 • www.mountaincross-eng.com Page 1 of 1 Cathi Edinger From: Cathi Edinger Sent: Thursday, June 19, 2008 3:46 PM To: Jake Mall Subject: Security Bond for ETC Canyon pipeline Hi Jake, Jimmy Smith said he gave you the Original of the road bond for the ETC Canyon pipeline project. I believe the treasurer is suppose to be the keeper of the original. Can you please send the original to me & I will take over to the Treasurer. Thanks, Cathi Edinger 6/19/2008 DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS COLORADO WEST REGULATORY BRANCH 400 ROOD AVENUE, ROOM 142 GRAND JUNCTION, COLORADO 81501 May 15, 2008 Regulatory Division (SPK -2008 -501 -CW) Mr. Art Smith ETC Canyon Pipeline, LLC 1600 Broadway, Suite 1900 Denver, Colorado 80202 Dear Mr. Smith: We are responding to your March 24, 2008, request for a Department of the Army permit for the Rullison to Enterprise Pipeline project. This project involves activities, including discharges of dredged or fill material, in waters of the United States to install a natural gas pipeline. The project activities cross Cottonwood Gulch and numerous drainages within Section 32, Township 6 South, Range 95 West, 6th PM, Garfield County, Colorado. Based on the information you provided, the proposed activity, in Tess than 1/10 acre of ephemeral streams, is authorized by Nationwide General permit number (NWP) 12. We are not authorizing an open -cut pipeline crossing of the Colorado River. We understand through your agent, Wagon Wheel Consulting that your pipeline will connect by -way -of a directional bore under the Colorado River and the adjacent rail line. Your work must comply with the general terms and conditions listed on the enclosed NWP information sheets. Additionally, you must sign the enclosed Compliance Certification and return it to this office within 30 days after completion of the authorized work. This verification is valid for two years from the date of this letter or until the NWP is modified, reissued, or revoked, whichever comes first. Failure to comply with the General Conditions of this NWP may result in the suspension or revocation of your authorization. We appreciate your feedback. At your earliest convenience, please tell us how we are doing by completing our customer survey at http://www.spk.usace.army.mil/customer_survey.html. Your passcode is "conigliaro". RECEIVED Mk( 6 2008 GAr< HELD COUNTY BUILDING & PLANNING Cathi Edinger From: Cathi Edinger Sent: Thursday, June 19, 2008 3:48 PM To: Steve Anthony Subject: Re-veg Bond for ETC Canyon pipeline Hi Steve, Page 1 of 1 Jimmy Smith said he gave you the Original for the re-veg bond for the ETC Canyon Pipeline project. What I understand is that the Treasurer is suppose to be the keeper of the original. Can you please send the original up to me & I will take over to the Treasurer. Thanks, Cathi Edinger 6/19/2008 RE: Page 1 of 1 Cathi Edinger From: Steve Anthony Sent: Friday, July 18, 2008 5:04 PM To: Cathi Edinger; Fred Jarman Subject: ETC Canyon Gas Pipeline Hi Cathi and Fred I had a phone call from a resident that lives off of CR 302. I went out and did a site visit. Her land is next to where the ETC Canyon Pipeline is. The pipeline is on Battlement Mesa and BLM land. The pipeline here is being constructed by an existing Canyon line (I think). Anyway there is a large patch of musk thistle right where the pipeline is being constructed. I told her I was confident that I could work with ETC and get the pipeline sprayed this fall, however she is quite adamant that we require Canyon gas to physically remove all the seedheads so they won't blow on her property. It is my opinion that Canyon is not doing what they said they would do regarding weeds -that is treat them before construction, plus they have neglected weed control on the existing pipeline. I do have a phone call in to Jimmy Smith. I think what they should do is cut the thistle, cover it up on a trailer, and haul it to the landfill. The Weed Law doesn't really work in this case, as far as getting them to take action immediately. Does our administrative permit give us any recourse? Your help is appreciated. Steve 7/21/2008 Cathi Edinger From: Steve Anthony Sent: Friday, July 18, 2008 10:40 AM To: Cathi Edinger Subject: RE: Everything is acceptable. Original Message From: Cathi Edinger Sent: Thursday, July 17, 2008 2:40 PM To: Steve Anthony Subject: FW: Hi Steve, Attached is the latest information from Encana on the CoP Phase II Pipeline Development Plan. Information includes the re-veg bond, the integrated vegetation and noxious weed management plan, and the wildlife impact & sensitive areas report. Let me know what you think. The Applicant is of course anxious to get their permit. Thanks, Cathi Original Message From: CATHI [mailto:cedinger@garfield-county.com] Sent: Thursday, July 17, 2008 12:21 PM To: Cathi Edinger Subject: This E-mail was sent from "RNPC9D6E4" (MP 5500/LD255). Scan Date: 07.17.2008 14:21:10 (-0400) 1