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HomeMy WebLinkAbout1.0 ApplicationDate: Nov 10TH) 19Bi • Applicant: CQI.QRADO GATHERJNG CORPORATION Address df Applicant: 1600 BROAVWAV, SUITE 1123, DENVER, CO. 80202 Special Use : _ GAS PIPELINE AND COMPRESSOR STATION Legal Description: BEGINS IN. SE h SECTION 23, T -6-S, R -94-W, J.t(FN NORTH TO SE h SECTION 14, T-6 -S R -94-W, AND THEN EAST TO NUI ; SECTION 1t, T -6-S, R -93-W Requirements: 1 Plans and specifications for proposed use. 2 Letters of approval from utility companies, sewage and water. 3 Evidence of road access and other information deemed necessary. A vicinity map, drawn to scale,. depicting the subject property, location and use of buildings and structures on adjacent lots. An impact statement on the proposed use where required by Sections 5.03-5.03.12 of the Zoning Regulations. 5 Notice, including the naive of the applicant, description of the subject lot, a description of the proposed special use and the time and place for the hearing, shall be given in the newspaper of general circulation in that portion of the County .at least fifteen (15) days prior to such hearing time. The applicant shall bear the cost of advertising. 6 A copy of Assessor'smap showing property; and a listing of all adjoining property owners of said property. Notice, containing information described under paragraph 5, shall be nailed to all owners of record of these lots, at least 5 days prior to the hearing, by certified, return receipt mail, and the receipts shall be'presented at the hearing by the applicant. 7 A fee of 3500.00 shall be charged for each application and shall be submitted with the application. 4 8.; Attach copy of proof of ownership (deed; title insurance). This Special Use permit is in compliance with Sections 5.03i 'and 9.03 of the Garfield County Zoning Resolution and as per application. List all adjoining property owners of said property_ ATTACHED LIST OF ADJOINING PROPERTY OWENERS !IS INCLUDED WITH THIS SUBMITTAL Attach map showing all improvements (present and proposed) and all pertinent) distances and area. Show all improvements on your property and adjoining property. The above information is correct to the'best of m k � y w ledge. 1 Ct G. eg Twombly, resident November 10, 1988 Date 1 • REQUIREMENTS SPECIAL USE PERMIT COLORADO GATHERING CORPORATION RIFLE GATHERING SYSTEM NOVEMBER 10, 1988 • • 1. PLANS AND SPECIFICATIONS Colorado Gathering Corporation is proposing to build a 4" gas pipeline 2.7 miles in length, about 3 miles west of Rifle, Colorado. This pipeline will deliver gas from a 500 HP compressor located in the SE 1/4 of Section 23, T -6-S, R -94-W. The pipeline and the compressor are included in this request for a Special Use Permit. The 4" gas pipeline will be a DOT designed steel pipeline and will be installed in accordance with a written set of construction specifications. The pipeline is designed in accordance with: - ANSI (American National Standards Institute) B31.8 - Gas Transmission and Distribution Piping Systems. - CFR (Code of Federal Regulations) Title 49, Part 192 - Minimum Federal Safety Standards for Gas Lines. The pipeline will be 2.7 miles in length and will be designed to operate at a maximum pressure of 1440 psig. The normal working or operating pressure will be 630 psig. Included with this submittal is a flow sheet that shows a flow schematic of the pipeline system and the compressor. The pipeline will cross lands owned by three (3) individuals and two (2) corporations. The pipeline will also cross a public highway (I-70), the Colorado River and the Denver and Rio Grande Railroad. Included under Item 8 below is a discussion of each of these ownerships and where we stand with respect to ROW easements, grants, and permits. The compressor will be a nominal 500 HP skid mounted oil -field type unit equipped with a hospital grade muffler and a catalytic converter. The compressor will be installed on an existing welisite with production equipment and will not be visible from the nearest public road. We have submitted to the Colorado Department of Health an application for a Air Pollution Emission Permit for the proposed unit. Included with this submittal is a copy of the request for an Air Emissions Permit. Noise control will be accomplished by the use of a hospital grade muffler on the compressor driver and by locating the unit away from adjacent property lines. Peliminary information on noise levels for the type of unit we plan to use indicate that the noise level at the nearest residence (approximately 300 feet from the compressor unit) will be about 60 decible level. A 60 decible level is equivalent to hearing a dishwasher or a clothes dryer. Paragraph 5.03.08(1) of the County Zoning Regulations limit the sound to 90 decibles at the boundry line of the property on which 1 • the compressor will be located. The 90 decible sound level would occur at 20 feet to 30 feet from the compressor unit and we plan to install the unit more than 50 feet from the property line to ensure that the 90 decible limit is not exceeded. 2. APPROVAL FROM UTILITY COMPANIES Water and sewage are not required for any of the proposed facilities, therefore approval by utility companies is not required. 3. VICINITY MAP Attached is a map showing the pipeline and compressor location. 4. IMPACT STATEMENT Section 1 above addresses the areas of concern as required by Section 5.03- 5.03.12 of the Zoning Regulations. 5. NOTICE To be prepared by the Building and Planning Department and the cost to place in the local newspapers to be paid by Bonneville. Attached is the mailing list for adjoining property owners. 6. ASSESSOR'S MAP Included with this submittal is the Assessors Map showing the proposed pipeline route and the affected property owners. A list of the property owners is also included. The notice under paragraph 5 shall be mailed by Bonneville to each of these property owners by certified, return receipt mail. 7. FEE A $500.00 check is included with this application. • • 8. PROOF OF OWNERSHIP Attached are copies of all pertinent ROW option agreements, compressor easement agreement, and permit applications that pertain to this project. A list of each document included: a) Pipeline ROW Agreement for Mr. Clough. b) Pipeline ROW Agreement for Mr. Mead. c) Pipeline ROW Agreement for Mr. Youberg. d) Compressor location agreement with Mr. Mead. * e) Letter to Army Corps of Engineers for permission to cross the Colorado River under the terms of the Nationwide Permit. * f) Letter to Rio Grande Railroad requesting a permit to cross their railroad tracks. g) Letter to the Denver & Rio Grande Railroad requesting permission to survey their fee land. h) Agreement with the Denver & Rio Grande Railroad to survey. i) Letter to Denver & Rio Grande Railroad requesting a pipeline easement. * j) Letter to the Colorado Highway Department requesting a permit to cross I-70. * k) Pipeline ROW Agreement with Questar Corporation * To be provided when survey and drawings are complete. Parcel 029 David Youberg 900 Elwood Court Sac City, IA 50583 Parcel 145 Norman H. Mead & Mary Jane Mead 7109 County Road 320 Rifle, CO 81650 Parcel 146 Pamela A. Mead 6833 County Road 320 Rifle, CO 81650 Parcel 141 Rio Grande Land Company P.O. Box 5482 Denver, CO 80217 Parcel 022 W.F. Clough P.O. Box 686 Rifle, CO 81650 Parcel 110 Questar Pipeline Company 79 S. State Salt Lake City, UT 84111 Parcel 142 Cathedral Bluffs Shale Oil Co. P.O. Box 868 Houston, TX 77001 Parcel 107 & 109 & 148 Northwest Pipeline Corporation P.O. Box 1526 Salt Lake City, UT 84110 Parcel 055 Umetco Minerals Corporation Section J-1 Old Ridgebury Road Danbury, CT 06817 STATE OF CuLURADO Dept. of Highways P.O. Box 2107 Grand Junction, CO 81502 BLM P.O. Box 1009 Glenwood Springs, CO 81602 CTRIGON`ONSULTANTS, IN* October 18, 1988 Denver and Rio Grande Western Railroad Company P.O. Box 5482 Denver, CO 80217 Attn: Re: Mr. Jim Holt Pipeline ROW Easement and Permit for Pipeline Crossing Near Rifle CO, Section 23 T -6-S, R -94W This is to confirm a conversation with our Mr. Lew Hagenlock concerning the subject pipeline easement and pipeline crossing permit. Trigon Consultants, Inc, is providing engineering services to Bonneville Fuels Corporation to install a gas gathering 4" steel pipeline near Rifle, Colorado. Attached is a map with a proposed pipeline route shown in red where it will cross the Denver & Rio Grande Western Railroad tracks and railroad property. We are requesting permission to survey the proposed route so that we can then prepare the necessary permit documents to cross the railroad tracks and to prepare the ROW easement documents to cross railroad property. Thanks in advance for your early and timely consideration of this request. Sin c rely, Ron L. erridge Project Manager RLH/lg bonneville/rr.row 1401 SEVENTEENTH STREET • SUITE 800 • DENVER,COLORADO 80202 • (303) 296-9645 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 TRIGON uONSULTANTS, INi November 10, 1988 Mr. Jim Holt Denver and Rio Grande Western Railroad Company P.O. Box 5482 Denver, CO 80217 Re: Pipeline ROW Easement for Pipeline Near Rifle CO, Section 23 T -6-S, R -94W Dear Mr. Holt: As a follow up to our previous correspondence for Bonneville Fuels ROW permits and easements this is our request for a permit to cross the Denver and Rio Grande Railroad tracks at the subject location. Attached are 3 drawings: D157P104 - Actual Plan & Profile of the Crossing D157P103 - Typical Profile for Casing Installation PS -7, Sheet 5 - Typical Crossing Details You will note on the permit application that the firm name is Colorado Gathering Corporation. This is a subsidiary company of Bonneville Fuels Corporation and will be the firm name used on any permits or easements. Sincerely, Ron L. Herridge Project Manager Attachments cc: J. A. Jones, Bonneville 1401 SEVENTEENTH STREET • SUITE 800 • DENVER,COLORADO 80202 • (303) 296-9645 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 • lEAPLIECI-1 October 26, 1988 Colorado Department of Health Attn: Jim Geier Stationary Sources 4210 East llth Avenue Denver, Colorado 80220 Dear Mr. Geier: 411 A 110-001 Bonneville Fuels Corporation is proposing to install a 600 horsepower natural gas fired compressor at a location 3 miles west of Rifle, Colorado. The purpose of this station will be to boost pipe line pressure and will be called the Beaver Creek Booster Station. The proposed compressor to be installed at this location is a Waukesha F3521. In order to reduce sound and air pollution, the compressor will be equipped with a catalytic converter and a hospital grade muffler. The proposed source is assumed to operate 24 hours per day, 365 days per year for the purposes of calculating the emissions. Actually, because of maintenance, it will operate less frequently. The manufacturer's emission specifications indicate the emission factors for this style of engine equipped with a catalytic converter are 2.0, 2.0 and 0.5 grams per horsepower -hour for nitrogen oxides, carbon monoxide and non -methane hydrocarbons. Assuming these emission factors, the annual emissions for these three criteria pollutants is 11.59, 11.59 and 2.90 tons per year. The emissions from this source are small and as a result, the ambient concentration in the vicinity of the facility will be low and are not expected to exceed any State or Federal standard. The State nitrogen dioxide standard is 100 ug/m3 computed on an annual basis. The carbon monoxide standard is a short term standard with the one hour standard equal to 40,000 ug/m3 and the eight hour standard equal to 10,000 ug/m3. Trinity Place, Suite 700 • 1801 Broadway • Denver, Colorado 80202 • (303) 293-2703 __ October 26, 1988 Page 2 Enclosed is a copy of the permit application, completed APEN and the forty dollar filing fee. If you have any questions concerning the proposed installation, please feel free to contact me at your convenience. Sincerely, panao s AA.es A. Kuenning Senior Meteorologist APPLICATION FOR AIR POLLUTION EMISSION PERMIT OR PERMIT MODIFICATION 1 This application must be Wiled out completely except forTi4 & #15: otherwise, application will be considered incomplete - SEE INSTRUCTIONS ON REVERSE SIDE. Mail completed application APENs, and filing fee to: Stationary Sources Program, Air Pollution Control Division, Colorado Department of Health, 4210 East llth Avenue, Denver, Colorado 80220. 1. PERMIT TO BE ISSUED TO: Bonneville Fuels Corporation 2. MAILING ADDRESS: ' State: Colorado 1600 Broadway, Suite 1123, Denver ZIP CODE: 80202 3. AGENT FOR SERVICE (See No. 3 on reverse); 4a. GENERAL NATURE OF BUSINESS: Natural Gas Compression 4b. SIC Code: 1321 5a. AIR POLLUTION SOURCE DESCRIPTION: 5b. Days per year source will operat 365 6a. SOURCE LOCATION ADDRESS: _Check if map included: SPA of Sect. 23, T6S, R94W COUNTY Garfield. 6b. UTM Coordinates (in km): _ . — H _ _ _ _• 7. ESTIMATED COSTS: 7a. Source, Process Equipment or Project: Cap. 100,000 30,000 Cost-$ Annualized:$g Air Pollution Control Procedures or Equipment 7b. Capital Cost:$ 25,000 Annualized:$50 7c. Operatic Cost $5.000 ./yr. 8a. STATUS O New Air Pollution Source 0 Existing Source Change (Control equipment added, process change, etc.): ❑ Other: Projected .Dates for Construction to: 8b. Begin: 11/15/88 8c. End: 12/15/88 Projected Source Startup Date: 8d. December 15, 1988 9. Enclose check to cover APEN FILING FEES. One APEN should be filed for each emission point: 1 APENs @ $40.00 per APEN = $ 40.00 10. SIGNATURE OF LEGALLY AUTHORIZED PERSON (NOT vendor -11a. DATE SIGNED: llb. TELEPHONE NO.: ( 303) 863-1555 or equipm nt manuf turer): 12. Type f prif n e and offici=l title of person signing item 10. Greg Twombly, President ' Agency Use Only 14. DATE RECEIVED 13. Check appropriate box if you want: a. ❑ Copy of preliminary analysis conducted by Division b. ❑ To review a draft of the permit prior to issuance? NOTE: Checking either item could result in -increased fees or processing time. See Reverse. 15. PERMIT NUMBER APCD:SSP:200C (Rev. 1/84) C1 •1111 4 Nem p•d[ nrios m — N 0 7 C -• ■ M.40 n •i > w O 0 • n • w M n 60 O • ,o c •• s 8 I!OIllNO. S,1NVId Sllil d0 NOIldItl3S3U 1VNAN71 PERSON TO CONTACT REGARDING PHIS N111 J VNWOAN 1 SS3INIOV 1IVN Ql •C1 tro O ru C r+ C) o C•* (D -+ C (G •-• 5 X▪ ) Lal • c» 0 Q m N (7 fD o a 'S C') (D D N tO .r• o ry � o N -i r7 �N > In y ▪ • c▪ + rh fp in r+ N 4-4 N E cc Bonneville Fuel$,CQrpputtpo • • an 0 P�1 sE3Unos • PERMISSION TO ENTER UPON PREMISES RIO GRANDE LAND COMPANY, (hereafter referred to as the "Land Company") , hereby grants to Trigon Consultants, Inc., A Colorado Corporation (hereinafter referred to as the "Undersigned"), the right and privilege to enter upon its property, premises and right of way in connection with A survey of a proposed gas pipeline in Section 23, T -6-S, R -94-W, Garfield County, Colorado Said right and privilege will expire In consideration of the permission herein granted by the Land Company and without any other consideration whatever, the Undersigned hereby agrees to indemnify and hold harmless the Land Company from and against any and all liability, loss, damage, claims, demands, actions, causes of action, costs and expense of whatsoever nature growing out of injury to or death of persons whomsoever, including the parties hereto, their officers, agents, servants and employees, or the loss or destruc- tion of or damage to property whatsoever of persons whomsoever, including the parties hereto, their officers, agents, servants and employees, when such injury, death, loss, damage or destruction results from or arises in any way in connection with, or incident to the right, privilege and permission herein granted. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed in duplicate this 28th day of October , 1988 . RIO GRANDE LAND COMPANY By TRIGON CONSULTANTS, INC. By (Form 2508 - Rv. 10/80) J. Richard Powell, President C\/ TRIGONCONSULTANTS, IN• October 28, 1988 Energy Surveyors & Engineering Corp. 739 27th Road Grand Junction, CO 81506 Re: Surveying Services This is to confirm a conversation with our Mr. Lew Hagenlock requesting field survey services. We request that you provide field survey services to survey a pipeline route in accordance with the route shown in red on the attached map. Mr. Lew Hagenlock will be Trigion's field representative and will direct the survey crew regarding detailed routes to follow and pipeline crossings that may need special attention, such as rivers, railroads and road crossings. On the Rio Grande Land Company property the surveyor agrees to abide by the clauses and conditions as set forth in the attached Rio Grande Land Company Form 2508-Rv. 10/80. TRIGON CONSULTANTS, INC. Richard Powell, President ENERGY SURVEYORS & ENGINEERING CORP. /(-(' Larr ker 1401 SEVENTEENTH STREET • SUITE 800 • DENVER,COLORADO 80202 • (303) 296-9645 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 TRIGON CONSULTANTS, INC. RON L. HERRIDGE, P.E. MANAGER ENGINEERING AND CONSTRUCTION 303.296-9648 1401 17th STREET, SUITE 800/DENVER, CO 80202 • • RIGHT -OF -WAY -AGREEMENT FOR AND IN CONSIDERATION OF THE SUM OF One Hundred and no/100 Dollars ($100.00), the receipt of which is hereby acknowledged, and a further sum of Ten Dollars ($10.00) per rod for each rod of pipeline right-of-way, to be paid after a survey establishing the route, and before construction is commenced, I, David Youberg hereinafter called Grantor (whether one or more), hereby grants unto Bonneville Fuels Corporation, its successors and assigns, hereinafter called Grantee, a right-of-way to construct, maintain, inspect, operate, replace, change or remove a pipeline or pipelines or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any other substances, whether fluid or solid, any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route to be selected by Grantee, in, on, over, or through the following decribed land of which Grantor warrants that Grantor is the owner in fee simple, situate in Garfield County, State of Colorado, and hereinafter further described to -wit: Lots 6, 8, and 9, W 1/2 SE 1/4, SE 1/4 SW 1/4 of Section 23; Lot 5 and NW 1/4 SW 1/4 of Section 24; T. 6 S., R. 94 W. of the 6th P.M. Said pipeline easement being more particularly described in EXHIBIT "A" attached hereto and made a part hereof. Together with the right of ingress and egress to and from said land for any and all purposes necessary and incident to the exercise by said Grantee of the rights granted by this contract. Grantor shall have the right to use and enjoy the above described premises, provided, however, Grantor shall not exercise such use and enjoyment in a manner that will impair or interfere with the exercise by Grantee of any of the rights herein granted. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, lake, engineering works or other structure over or on the right-of-way herein granted. The consideration paid by Grantee and received by Grantor includes full and final payment for any and all damages to the land, growing crops, pasturage, reseeding, timber, fences, buildings or other improvements of Grantor resulting from the exercise of the rights herein granted during initial construction and no other damages, rights or remedies shall be enforcable, collectible or available to Grantor and Grantor hereby accepts said consideration in full liquidated damages and relief and hereby releases Grantee of and from all such damages and waives the right to collect any further or additional damages in any way arising or resulting from the exercise of the rights herein granted during initial construction. Grantee does agree, however, to pay for actual damages to growing crops, pasturage, reseeding, timber, fences, buildings or other improvements of Grantor resulting from the reconstruction, replacement or repair of such installation after its initial construction, except Grantee shall not be liable for damages resulting from keeping the right-of-way clean of trees. It is agreed that any payment due hereunder may be made direct to said Grantor or any one of them. The terms, conditions, and provisions of this agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, executors, administrators, successors, assigns and legal representatives. All rights herein granted may be released or assigned in whole or in part. - - 2 - It is further agreed that the sum of Five Hundred and 00/100 Dollars per acre shall be paid for each acre of damage caused by construction. EXECUTED %Ca DAVID OUBERG d day of November , 1988. STATE OF (A )ss. COUNTY OF IL On this ! 'ter day of -I) 'J \ , 1988, before me the undersigned Notary Public in and'for said County and State, personally appeared �� `\` U 6L4 lam' i known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged that he executed the same as his free and voluntary act and deed for the purposes and consideration therein mentioned and set forth. Witness my hand and official seal the day and year last above written. My commission expires: SI1 SEAL l A \ o\� , l� Notary Public Address: • • COMPRESSOR SITE LEASE AGREEMENT THIS COMPRESSOR SITE LEASE AGREEMENT (this "Lease Agreement") is made and entered into this 26th day of October , 1988 by and between Norman H. Mead and Mary Jane Mead of 7109 County Road 320, Rifle, Colorado 81650, hereinafter collectively referred to as "Lessor" and BONNEVILLE FUELS CORPORATION, having an address of 1600 Broadway, Suite 1123, Denver, Colorado 80202, hereinafter referred to as "Lessee." WITNESSETH: 1. PREMISES. Lessors hereby lease unto Lessee, under the terms and conditions hereinafter set forth, the property described on Exhibit "A" attached hereto and incorporated herein located in Section 23, Township 6 South, Range 94 West, 6th P.M., Garfield County, Colorado, hereinafter referred to as the "Premises", together with the right of ingress and egress thereto. 2. USE. Lessee shall have the exclusive right to use and occupy the Premises and shall have the right from time to time to construct, own, operate, maintain, repair, replace, change, remove and protect buildings, tanks, compressors, pipes, pumps, meters, valves, ditches, fences, or other facilities equipment or improvements, of whatever nature, or make any other alteration or change in the Premises determined by Lessee in its discretion to be necessary or advisable for the conduct of its business or use of the Premises. 3. TERM. This Lease Agreement shall be effective from the date hereof and shall continue and remain in full force and effect fora Primary Term of five (5) years and shall be deemed automatically renewed for additional consecutive Renewal Terms of five (5) years each upon payment of the Rental Fee by Lessee on or before commencement of each Renewal Term. This Lease Agreement shall terminate (i) at the end of the Primary Term of any Renewal Term if Lessee has not paid Lessor the Rental Fee for the next Renewal Term, or (ii) upon surrender of the Leased Premises by Lessee to Lessor, as evidenced by written Notice of Surrender by Lessee to Lessor. Upon termination, Lessee shall peaceably surrender the Premises to Lessor, and Lessee shall disassemble and/or remove from the premises all compressors, buildings, tanks, pipelines, pumps, meters, fences or other facilities or improvements, of whatsoever nature, constructed upon the Premises, within 90 days from the date of surrender restoring the Leased Premises to its original condition. 4. RENTAL. The Rental Fee shall be One Thiousand Dollars ($ 1,000.00 ) for the Primary Term and each Renewal Term. Lessee shall pay the Rental Fee to Lessor for the Primary Term upon execution hereof and shall pay the Rental Fee for each Renewal Fee for each Renewal Term on or before commencement of same for so long as Lessee desires to renew this Lease Agreement. All rental payments hereunder shall be made to Lessor at its address set forth above, or as otherwise directed by Lessor. 5. WARRANTY. Lessor warrants that it has the right to lease the Premises and will defend Lessee's possession against any and all persons whomsoever, and hereby grants to Lessee full powers of substitution and subrogation with respect to all rights and actions of warranty. 6. NOTICES. All notices hereunder shall be sent certified mail, return receipt requested, to the parties address set forth above, or as either party specifies in writing. 7. EXECUTION, DEFAULT. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. It is convenanted and agreed that, in event of any alleged default of either party under this Lease Agreement, the non -defaulting party shall give the defaulting party written notice thereof, specifically describing the alleged default, and providing thirty (30) days thereafter for the defaulting party to cure or provide full indemnification to the non -faulting party before the non -defaulting party pursues any rights or remedies. If within said thirty (30) days the defaulting party does so cure said default or fully indemnifies the party not in default for the consequences of such breach, then this Lease Agreement shall continue in full force and effect. • • -2- IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the day and year set forth above. LESSOR: A( Mx...e.a( ;7%i NORMAN H. MEAD MARY ;'= MEAD LESSEE: BONNEVILLE FUELS CORPORATION ATTEST: BY: BY: STATE OF Co lo red o )ss. COUNTY OF Garfield Before me, ie wis-).'Hage nlock , a Notary Public in and for said County and State, on this 26th day of October , 1988, personally appeared Norman H. Mead and Mary Jane Mead, husband and wife, known to me to be the individuals whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same as their free act and deed and for the considerations and purposes therein set forth. Given under my hand and official seal of office this 26th day of Commission expires: 8-11-92 STATE OF COUNTY OF Before me, a Notary Public in and for said County and State, on this day of , 1988 personally appeared , known to me to be the , respectively of Bonneville Fuels Corporation, on behalf of said corporation and acknowledged to me that he executed this Agreement for the considerations and purposes herein set forth. Given under my hand and official seal of office this day of , 1988 Commission expires: )ss. ovary Public October, 1988 Notary Public TRIGON.ONSULTANTS, IN* November 3, 1988 Mr. Jim Holt Denver and Rio Grande Western Railroad Company P.O. Box 5482 Denver, CO 80217 Re: Pipeline ROW Easement for Pipeline Near Rifle CO, Sections 14 & 23 T -6-S, R -94W As a follow-up to our previous discussions, attached is a $100.00 draft for a ROW option and the standard pipeline ROW agreement we have been using to acquire pipeline ROW for the gas pipeline for Bonneville Fuels Corporation in the Rifle, Colorado area. This ROW agreement is for the pipeline right-of-way on the railroad fee land and does not cover the crossing of the railroad track. We are preparing a separate document for the railroad track crossing. Exhibit "A" referred to in the agreement will be the plat drawing showing the proposed pipeline route and will be available next week, after the survey is complete. We are submitting the agreement without the drawing to allow you time to review the wording and to advise us of our next step in the approval process. A note on the ROW cost in the agreement. In my discussion with Mr. Oatman last week, he indicated that Bonneville could expect to pay $38.00 per rod for ROW. The agreement has $20.00 per rod for the easement cost plus $1200.00 an acre damages (40 ft. ROW width) which equates to the $38.00 per rod. Ron L. Herridge Project Manager Attachment row.agree cc: Ms. Judy Jones 1401 SEVENTEENTH STREET • SUITE 800 • DENVER,COLORADO 80202 • (303) 296-9645 MAILING ADDRESS. P.O. BOX 5493 • DENVER, COLORADO 80217 1 • RIGHT -OF -WAY -AGREEMENT FOR AND IN CONSIDERATION OF THE SUM OF One Hundred and no/100 Dollars ($100.00), the receipt of which is hereby acknowledged, and a further sum of Twenty ($20.00) per rod for each rod of pipeline right-of-way, to be paid after a survey establishing the route, and before construction is commenced, Rio Grande Land Company, hereinafter called Grantor (whether one or more), hereby grants unto Bonneville Fuels Corporation, its successors and assigns, hereinafter called Grantee, a right-of-way to construct, maintain, inspect, operate, replace, change or remove a pipeline or pipelines or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any other substances, whether fluid or solid, any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route to be selected by Grantee, in, on, over, or through the following decribed land of which Grantor warrants that Grantor is the owner in fee simple, situate in Garfield County, State of Colorado, and hereinafter further described to -wit: A parcel of land situate in Sections 14 and 23, Township 6 South, Range 94 West, 6th P.M., more particularly described as follows: Beginning at a point on the Southerly R.O.W. line of U.S. Interstate Highway No. 70, whence the NW corner of said Section 23 bears N 02°06'06" W. 1648.47 feet; thence along said southerly R.O.W. line the following courses: N 65°12'00" E. 604.00 feet; N 60°37'30" E. 501.60 feet; N 65°12'00" E. 500.00 feet N. 67°46'30" E. 1001.00 feet; N 65°12'00" E. 1419.40 feet N. 65°12'00" E. 80.60 feet; N 67°34'43" E. 21.61 feet; thence leaving said southerly R.O.W. line S. 02°48'00" E. 1199.51 feet to a point on the northerly R.O.W. line of The Denver and Rio Grande Western Railroad Company; thence along said R.O.W. S. 67°30'25" W. 385.07 feet to the north line of SW 1/4 of the NE 1/4 (Lot 2), Section 23, Township 6 South, Range 94 West of the 6th Principal Meridian; thence along said north line S 89°11'00" W. 856.75 feet to the NW corner of said SW 1/4 of the NE 1/4; thence S 00°11'06" E. 342.05 feet along the west line of said SW 1/4 of the NE 1/4 to the northerly R.O.W. line of The Denver and Rio Grande Western Railroad Company; thence along said northerly R.O.W. S. 67°30'25" W. 2864.12 feet to the easterly R.O.W. line of an existing haul road; thence N 02°45'00" E. 1071.46 feet along said easterly R.O.W. line to the point of beginning. Containing 96.97 acres, more or less. Said pipeline easement being more particularly described in EXHIBIT "A" attached hereto and made a part hereof. Together with the right of ingress and egress to and from said land for any and all purposes necessary and incident to the exercise by said Grantee of the rights granted by this contract. Grantor shall have the right to use and enjoy the above described premises, provided, however, Grantor shall not exercise such use and enjoyment in a manner that will impair or interfere with the exercise by Grantee of any of the rights herein granted. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, lake, engineering works or other structure over or on the right-of-way herein granted. The consideration paid by Grantee and received by Grantor includes full and final payment for any and all damages to the land, growing crops, pasturage, reseeding, timber, fences, ! • -2- buildings or other improvements of Grantor resulting from the exercise of the rights herein granted during initial construction and no other damages, rights or remedies shall be enforcable, collectible or available to Grantor and Grantor hereby accepts said consideration in full liquidated damages and relief and hereby releases Grantee of and from all such damages and waives the right to collect any further or additional damages in any way arising or resulting from the exercise of the rights herein granted during initial construction. Grantee does agree, however, to pay for actual damages to growing crops, pasturage, reseeding, timber, fences, buildings or other improvements of Grantor resulting from the reconstruction, replacement or repair of such installation after its initial construction, except Grantee shall not be liable for damages resulting from keeping the right-of-way clean of trees. It is agreed that any payment due hereunder may be made direct to said Grantor or any one of 'them. The terms, conditions, and provisions of this agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, executors, administrators, successors, assigns and legal representatives. All rights herein granted may be released or assigned in whole or in part. It is further agreed that the sum of $ 1,200.00 Dollars per acre shall be paid for each acre of damage caused by construction. EXECUTED this RIO GRANDE LAND COMPANY BY: day of , 1988. STATE OF )ss. COUNTY OF ) On this day of , 1988, before me the undersigned Notary Public in and for said County and State, personally appeared known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged that they executed the same as their free and voluntary act and deed for the purposes and consideration therein mentioned and set forth. Witness my hand and official seal the day and year last above written. My commission expires: SEAL Notary Public Address: TRIGON CONSULTANTS, INC. 827 11TH STREET GREELEY, CO 80631 (303) 353-2560 November 15, 1988 Western Gas Supply Company P.O. Box 99 Meeker, CO 81641 RE: Pipeline License Agreement Garfield County, Colorado Enclosed please find an executed License Agreement from Bonneville Fuels Corporation requesting permission to cross the WestGas 4" gas line as shown. Your prompt attention is greatly appreciated. Sincerely, TRIGON CONSULTANTS, INC. Lew Hagenlock LH:df Enclosure Form IFI 798 10-8807 I.D. 0 Date • • LICENSE AGREEMENT Doc. No THIS LICENSE, executed this ilthday of Novembeh , 1988 by WESTERN GAS SUPPLY COMPANY, a Colorado corporation, hereinafter called "WestGas" is hereby granted to Co Coh.ado Ga thoiLinn Crah pntcn tiara , hereinafter called "Licensee"; WITNESSETH: WHEREAS, WestGas owns certain rights of way and easements for natural gas transmission pipelines over and across the following described lands: Town4hip 6 South, Rai.9e 94 Wcsx 06 the 6th P.M. Section 23: NE%, SE% WHEREAS, the Licensee desires to route Aeno s,s the We4,t GcLA 4" gatheh.i n9 .e in hereinafter called the "licensed facility" over and across portions of said easements and desires to obtain permission therefor; IT IS, THEREFORE, agreed as follows: (1) In consideration of the payment of One Dollar ($1.00) and other valuable consideration, the receipt whereof is hereby acknowledged, WestGas hereby grants to Licensee, its successors and assigns, with respect to such title and interest as WestGas may have in the premises, and upon the terms and conditions hereinafter stated, the permission and right to lay, maintain, operate, repair, inspect, remove and replace the licensed facility in, across and under certain easements owned by WestGas, said installation and construction to be located as shown on the sketch attached hereto and made a part hereof by reference. The description of the route of said licensed facility is shown on the attached exhibit: (2) Licensee shall remove, at its own expense, the licensed facility from the premises or any part thereof or move the same to a different location on WestGas' right of way, as requested by WestGas, if said licensed facility should interfere with the operation or maintenance of WestGas' transmission pipelines and related facilities as now or hereafter constructed. (3) WestGas reserves the right to grant to others the use of the premises for any purposes, provided that same shall not unreasonably interfere with the licensed facility herein authorized. (4) Licensee shall not do or permit to be done any blasting above, underneath or near the transmission facilities of WestGas without first having received written permission from WestGas. Any said blasting shall be done in the presence of a representative of said office and in accordance with directions he may give for the protection or safety of WestGas' facilities in the area. (5) Licensee agrees that it shall not begin construction upon and along the rights of way of WestGas except after having first provided WestGas with plans and specifications and until said plans and specifications have been approved. Licensee further agrees to contact the Utility Notification Center of Colorado (1-800-922-1987 or 534-6700 in metro Denver) at least two working days prior to the commencement of construction. Said construction shall be made only when a representative of WestGas is present at the time and place of construction. The instructions of said representative relating to the safety of WestGas' pipeline will be followed by the Licensee, its agents and employees. Any damage done to WestGas' facilities during the above construction shall be paid for or repaired at the expense of the Licensee. (6) Any future work involving the construction, maintenance, reconstruction or relocation of its licensed facility on the premises shall be done under the terms of Paragraph 5 above. (7) Licensee agrees that it has been fully advised by WestGas that the natural gas transmission line(s) of WestGas now transports and will continue to transport natural gas at pressures exceeding 400 psi. Licensee shall advise all of its employees, agents, contractors and other persons who enter upon the premises pursuant to the provisions of this License of the existance and nature of the line(s). (8) Licensee has been fully advised by WestGas that the transmission lines of WestGas will be subject to cathodic pro- tection by rectifier, and related anode beds. WestGas shall not be liable for stray current, or interfering signals induced into the licensed facility as a result of the operating of WestGas' cathodic protection system. (9) Licensee covenants and agrees to at all times protect, indemnify, hold harmless, and defend WestGas, its officers, agents or employees, from any liability or expense, including attorneys fees, arising from claims, asserted by any person or persons for personal injuries, death or property damage including but not limited to employees of the Licensee or its contrac- tors, sub -contractors or their employees, arising from or growing out of the construction, existence, maintenance, operation or removal of the licensed facility permitted hereunder. • (10) WestGas shall use care not to damage the licensed facility in the maintenance, relocation or reconstruction of its pipeline facilities, and WestGas, if at all possible, shall give reasonable notice to Licensee of any of its activities in the im- mediate vicinity of the licensed facility. (11) Licensee shall install its licensed facility so as to maintain the maximum distance between such licensed facility and WestGas' pipeline that the easement width and terrain will permit. When Licensee is required to cross said pipeline the crossing shall be under or over WestGas' pipeline as directed by WestGas. A minimum 18 -inch separation shall be maintained on all crossings. ADDITIONAL PROVISIONS Said pnopo. ed tine to be buti.ed undeicneath said (Ve)stGa4 .Pine. Within thirty days from the date of completion, the Licensee shall install, and shall thereafter maintain, visible markers at said crossings. A copy of the approved license agreement shall be on the job site at all times. (12) Upon request, WestGas shall furnish Licensee with information regarding the terms of WestGas' easement necessary for Licensee to plan its installations. (13) Licensee shall bear the sole obligation of obtaining from landowners or others such authority as it may need in addition to this License for its proposed construction and use of the premises. (14) Upon the abandonment of the use of premises by Licensee, the permission and right herein granted shall ter- minate. Upon termination, Licensee shall remove its facilities from premises. If Licensee should fail to remove facilities, WestGas may remove the same at the expense of the Licensee. (15) Licensee further agrees to provide, keep in full force and effect and require of its contractors or subcontractors Workmen's Compensation insurance pursuant to the laws of Colorado or any state having comity with Colorado on all employees entering upon the property of Western Gas Supply Company which is the subject of this license, or any application made a part hereof, as referred to in this agreement for the purpose of providing services pursuant to any license or use con- templated by this agreement. (16) This License shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, this instrument has been executed the day and year first above written. WESTGAS DIVISION OPERATIONS APPROVAL Agreed to and accepted by Licensee this WESTERN GAS SUPPLY COMPANY By SUPERVISOR, RIGHT OF WAY Er PERMITS day of NovembeJL 19 88 1600 Bnoaduxty, Suite 1110 Co.eo uido GatheA.i.ng Conponat,ion CURRENT ADDRESS Denveh, Co.e.oh.ado 80202 CITY STATE ZIPCODE P.m or Type Name of SIGNEE and TITLE (303) 863-1555 Print or Type Name of LICENSEE Judith A. Jones, Vice President TELEPHONE NO • • \ NORTH 1/4 SECTION 26 COUNTY ROAD R.O.W. & FENCE UNE 191' SEC. 26 SEC. 23 LOCATION MAP WEST GAS PIPELINE S76'36'32'W MOS LINE LICENSEE'S EXHIBIT SECTION 2 3 TOWNSHIP 6 5 RANGE Q`f W PRINCIPAL MERIDIAN SCALE I ' = 5 0 0 ' DATE 11 -28 -BR INOs DOCUMENT No. WestGasR visa., G.s SAVOY Com I RIGHT OF WAY • • N22'01°33'W CALCULATE9 1373.1' NE CORNER SEC. 23 LOCATION MAP LICENSEE'S EXHIBIT wOS UNE SECTION 2 3 TOWNSHIP 6 5 NAMOE 9 4 W PRINCIPAL MERIDIAN SCALE / = SODDATE / / - 2 S - BB WOS DOCUMENT No. WestGas° wasbm Gas $ pty Company RIGHT OF WAY • 0To• TRIGON CONSULTANTS, INC. November 28, 1988 Mr. Tim Blackham Questar Pipeline Company 79 South State Street P.O. Box 11450 Salt Lake City, Utah 84147 RE: ROW Agreement Dear Mr. Blackham: Attached for your further action is the ROW Easement Documents with a centerline description for the Colorado Gathering Corporation Pipeline to be located in your Rifle Yard. You will note that we changed the Grantee name on the document from Bonneville Fuels to Colorado Gathering Corporation. Please call if you have any questions. Sincerely, Ronald L. Herridge Project Manager RLH:ksd Enclosure 1401 SEVENTEENTH STREET • SUITE 800 • DENVER,COLORADO 80202 • (303) 296-9645 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 • • RIGHT -OF -WAY -EASEMENT For and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable considerations in hand paid, the receipt of which is hereby acknowledged, QUESTAR PIPELINE COMPANY, a corporation of the State of Utah, 79 South State Street, Salt Lake City, Utah, Grantor, hereby grants and conveys to COLORADO GATHERING CORPORATION, a corporation of the State of Colorado, 1600 Broadway, Suite 1100, Denver, Colorado, Grantee, an easement fifteen (15) feet in width, to install, construct, maintain, alter, repair, replace, reconstruct, operate and remove pipelines and related appurtenances, fixtures or devices for the transportation of gas or oil, as said facilities may hereafter be located and constructed on, under, over or through the following described lands in Garfield County, State of Colorado, the approximate center line of the easement is described as follows, to -wit: An easement across a tract of land situated in LOT 1 Northwest Quarter of the Northwest Quarter (NW 1/4 NW 1/4) of Section 18; Township 6 South, Range 93 West (T.6 S., R.93 W.) of the Sixth Principal Meridian (6th P.M.) and the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4), of Section 13; Township 6 South, Range 94 West (T.6 S., R 94 W.) of the Sixth Principal Meridian (6th P.M.), Garfield County, Colorado. More particularly described as follows. Beginning at a point on the westerly boundary of said tract of land and the centerline of said easement from which the section corner common to Sections 7 and 18 of Township 6 South, Range 93 West (T. 6 S., R. 93 W.) and Sections 12 and 13 of Township 6 South, Range 94 West (T. 6 S., R. 94 W.) bears North 05 35' 42" East, 597.06 feet. Thence North 58 40'27" East 67.75 feet along said easement; thence South 86 32'08" East 40.70 feet along said easement; thence South 02 52'01" East 14.74 feet along said easement to its terminus. The easement encompasses a continuous strip of land 15 feet in width at all points on the property crossed by the above- described centerline and extending to the boundaries of the adjacent property. The above sum is acknowledged by the undersigned as full consideration for the easement. The Grantor reserves the right to cultivate, use and occupy said premises for any purpose consistent with the rights and privileges herein granted and which will not interfere with nor endanger any of the facilities therein nor use thereof. Such reservation by the Grantor shall • • in no event include the right to construct any buildings or structures, to impound any water, or to plant any trees or shrubs upon the easement. The Grantee, at all times, shall have the right of access by a reasonable route to the easement and along and upon the same for the purposes hereof, which include surveying, inspection and testing. Grantee shall pay Grantor for actual damages to land and growing crops occasioned by any installation, construction, maintenance, alteration, repairing, replacing, reconstruction and removal of facilities on the easement. The Have and to Hold the said easement unto the said COLORADO GATHERING CORPORATION, its successors and assigns, so long as the same shall be useful for the purposes of the Grantee. In the event that Grantee, its successors and assigns fail to utilize said Right -of -Way and Easement Grant herein described for the period of two (2) years, then the above described Right - of -Way and Easement Grant and all the title thereto hereby conveyed shall revert to Grantor, its successors and assigns. Executed by Grantor this day of , 1988. Attest: QUESTAR PIPELINE COMPANY By A. J. Marushack, President and Chief Executive Officer • • State of Utah County of Salt Lake )ss: On this day of , 1988, before me personally appeared A. J. MARUSHACK and CONNIE C. HOLBROOK, to me personally known, who, being by me duly sworn, did say that he is the President and Chief Executive Officer and she is the Secretary of QUESTAR PIPELINE COMPANY, and that the seal affixed to said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and said A. J. MARUSHACK and CONNIE C. HOLBROOK, acknowledge said instrument to be the free act and deed of said corporation. Given under my hand and seal the date first above written. Notary Public My Commission Expires: Residing at: TRIGON COOULTANTS, INC. 827 11TH STREET GREELEY, CO 80631 (303) 353-2560 • November 15, 1988 State of Colorado Department of Highways P.O. Box 2107 Grand Junction, CO 81502-2107 RE: I-70 Crossing Garfield County, Colorado Dear Mr. Keller: Enclosed please find the following documents needed to comply with the Highway Department's requirements for obtaining a permit to construct a 4" natural gas pipeline underneath 1-70 west of Rifle. At this time, we have attached a copy of insurance for Bonneville Fuels Corporation and will promptly send you the same for the chosen contractor. If you have any questions, please feel free to call. Sincerely, TRIGON CONSULTANTS, INC. Lew Hagenlock Right -of -Way Agent LH:am Enclosures COLORADO DEPARTMENT OF HIGHW 0 Whits Applicant Canary Dietrict Fifa UTILITY PERMIT PinkForemanMa Standard Proves OM Applicant PERMITTEE Name Co.tonado GatheUng Covona t.Lon DEPARTMENT USE ONLY DATE ISSUED LOCATION State Hwy. No 1-70 County GcuL6,1 pi City/Town RA 61? P Address 1600 Bkoadfuzv, Suite 1 1 1 0 PERMIT NO. V nV h, CaOnado 80202 S.H. NO. M.P. thene6ote, we wee adv -Led that no mail/c contJLot pf.an is needed; peease advise. DISTRICT SECTION Telephone (3 03) 8 63 -155 PATROL _ Your request to use and/or occupy state highway system right of way as described below is granted subject to the terms and conditions of this permit, including the Standard and Special Provisions, as shown on the FRONT and BACK hereof. IT IS UNDERSTOOD that the Permittee will accomplish the work at no expense to the Department and will own and maintain the facilities permitted. ION: (furnished by permittee) PURPOSE El Installation 0 Adjustment/Relocation 0 Removal 0 Maintenance of existing facility FACILITY (Type, size, class of transmittant, design pressure or potential, etc) 4" n2fu1LaP 926 pipeJino, 12PXi Ltm •/ • ,... / • et • • I • • / I 111!: e., I • •/ ow.. /• ..' ' .' e • • 0 • .. • NATURE OF INSTALLATION 0 Longitudinal (Parallel) 1(X Transverse (Crossing) 0 Buried' 0 Aerial/Ground-mounted 0 Attach. to Hwy. Str. No LOCATION State Hwy. No 1-70 County GcuL6,1 pi City/Town RA 61? P Milepoint(s) or Intersecting feature(s) Cap lac cJ 'd at NOh h Pnd of Box Cal uelt t, 1972+00 LOU RN(' 7-7n ROW; '.. .x' ; et 3% m''• w•_t o ' ",.2e _ ADDITIONAL REMARKS LLne t0 be. attached to wing watt and east side Ovate o>S connate box crossing _nd• n'. h 1-70 •'.o the co .tnuction wife be conducted o,, o, the state 'tt. t-o,-wrzy, thene6ote, we wee adv -Led that no mail/c contJLot pf.an is needed; peease advise. Required location aids (buried facilities). 'For underground location information, contacts COZOnadO Gathett.i.ng Conponatl",on Telephone (303) 863-1555 PLANS: Attach plans or work sketch ("EXHIBIT A") showing location, character, dimensions, and details of the work to be done. 4 sets minimum required. Compliance with the plans or sketch, as approved by the Department, shall be a condition of this permit. (completed by Department) The Special Provisions are terms and conditions of this permit Any work shall only be in accordance with the approved plans, Standard Provisions, and Special Provisions as set forth in this permit. The CDOH inspector is Telephone Work to be completed on or before. Work time restrictions - Designated minimum cover is Designated minimum overhead clearance is Pavement cuts permitted only as follows - Replace pavement to the following specifications - Required location aids (buried facilities). OTHER - Permittee is prohibited from commencing any work within highway ROW prior to issuance of a fully endorsed and validated permit. Permit, plan exhibit, insurance certificate(s)', and traffic control plan' must be available on site during work. ('See Std. Provisions) Permittee hereby assumes releases and agrees to indemnify. defend. protect and save the State of Colorado harmless from and against any loss of and/or damage to the property of the State Of Colorado third parties or the Permittees facilities, and ail loss and/or damage on account of injury to or death of any persons whomsoever, arising at any time caused by or growing out of the occupation 01 Colorado State Highway rights of way by Permrttee's faculties or any pan thereof. including but not limited to installation. adjustment. relocation. maintenance or operation, or removal of existing facilities. unless such loss and/or damage arises from the sole negligence or wilful conduct of the State of Colorado or its employees or agents Failure by Permittee to comply with any of the included terms or conditions may subject this permit to suspension or cancellation, at the discretion of the Department of Highways THIS PERMIT IS NOT VALID UNTIL FULLY ENDORSED BY ALL PARTIES, WITH DATE OF ISSUE AFFIXED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT. A FULLY EXECUTED COPY OF THIS PERMIT MUST BE ON FILE AT THE HIGHWAY DISTRICT OFFICE. In accepting this permit the undersigned, representing the Permittee, verifies that he or she has the authority to sign for and bind the Permittee. and that he or she has read. understands and accepts all of the included conditions. Atte d ii_�et 4 ; /4-K--?, Dace 1 / //,)ii/ Signature - XJ I Date // Z /I O ti IVice President Titl President DIVISION OF HIGHWAYS, STATE OF COLORADO Chief Engineer BY District Engineer Date of Issue Previous editions am obsolete and may not be used CDOH Form Jt333 11/87 PROD-CC_R CERTIFICATE OF IUSURANCE f1 && 1GtAL GVAENSURANCL /RD/A,rrN F. 0. ROY 5218 SA14 JOSE. CA 9` I ; ty-S' 7 ec f:C 5. PASC.0 M, SUITE 3011 SAN JOS(., 14%0 211141000 ISSUE DATE (MM/DD/YY) 11-2248 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY LETTER A RATIONAL UNION INSURED BONIXVILLE PACIFIC CORPORATION 257 EAST 200 SOME SALT LAYT CITY, UT 84111 XOVERAGES .:, COMPANY LETTER B LEXINGTON COMPANY LETTER HARTFORD COMPANY LETTER D COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. 00 _TR TYPE OF INSURANCE POLICY NUMBER DATE ( EFFECTIVE DATE MM/DD:YY) POLICY EXPIRATION DATE (MI�'DD'YY) ALL LIMITS IN THOUSANDS A GENERAL x LIABILITY COMMERCIAL GENERAL LIABILITY CL540--6705 4-06-88 4-06-89 GENERA: AGGREGATE $ 1.000 PRDDUCTS•COMR`OPS AGGREGATE $ X CLAIMS MADE 11 OCCURRENCE PERSONAL & ADVERTISING INJURY $ 1,000 $ 1 t 000 EACH OCCURRENCE OWNER'S & CONTRACTORS PROTECTIVE FIRE DAMAGE (ANY ONE FIRE) $ $ 500 MEDICAL EXPENSE (ANY ONE PERSDNI A AUTOMOBILE —Y- x LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS GO', OV.NED AUTOS GARAGE LIAB=.IT) GL540-6706 4-06-88 4-06-89 L '- $ L1*1 BDDI, Y INJURY PEP PERSON) $ I ,.Y A C E. $ PRDDEP-Y DAMAGE $ EXCESS Y LIABILITY OTHER THAN UMBRELLA FORM <.<::.. = EACH Q@OCCURRENCE 4,nan AGGREGATE $ ' C.i,S40-6707 4-06—RR A -06—R9 / WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY QOWE-927064 4-06-88 4-06-89 ,,,—.‘ aPO STATUTORY _ $ 1,000 (EACH ACCIDENT) $ 1 000 (DISEASE POLKA LIM T • $ 1 • 0000(DISEASE-EACH EMPLOYEE( :> OTHER Umbrella 5104888 4-06-88 4-06-89 LIAR. LST: $5,000,000 U (EXCESS OF UI 3ERLYING 5HIL) (EA. OCCUR /AGGREGATE) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS COVERED LOCATION: BONNEVILLE FUELS CORPORATION OFFICE 1600 BROADWAY,SUITE 1123 DENVEF COLORDO 80202 TIFICATE HOLDER STATE OF COLORADO DEPAT TtI: T Or LI(MAYS 606 SOUTH IMIT•I I STREET GRAND JUNCTIOi, CO 82502-2107 ATTN : BETTIS L . FILLER UTILITY INSPECTOR =s -S (111S5) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE / , /,'/Ff/// /if ' D IIRIACORD CORPORATION 1985 • • TRIGON CONSULTANTS, INC. November 10, 1988 Mr. Jim Holt Denver and Rio Grande Western Railroad Company P.O. Box 5482 Denver, CO 80217 Re: Pipeline ROW Easement for Pipeline Near Rifle CO, Section 23 T -6-S, R -94W Dear Mr. Holt: As a follow up to our previous correspondence for Bonneville Fuels ROW permits and easements this is our request for a permit to cross the Denver and Rio Grande Railroad tracks at the subject location. Attached are 3 drawings: D157P104 - Actual Plan & Profile of the Crossing D157P102 - Typical Profile for Casing Installation PS -7, Sheet 5 - Typical Crossing Details You will note on the permit application that the firm name is Colorado Gathering Corporation. This is a subsidiary company of Bonneville Fuels Corporation and will be the firm name used on any permits or easements. Sin erely, 7 Ron L. Herridge Project Manager Attachments cc: J. A. Jones, Bonneville 1401 SEVENTEENTH STREET • SUITE 800 • DENVER,COLORADO 80202 • (303) 296-9645 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 Pr C7 —4 Z 2Q m 40 Z 0 m n Z > o� R z 0 O Z —1 • 3dId 2131821ND 0 1 .4,7) v ri t o a N idh 061 40107 O Z O O 2 --1 • 3dId hN1SY? z O 0 0 0 z --1 m rn O O z ca C) m N z N Z —4 rn N M _1 1_ 4'—O" C) Z C (MIN.) C7 P1 T T 440 TTr T T s'—o" (MIN.) (MIN.) _ END SEALS (TYP.) r� HIGHWAY OR STREAM CROSSING 4 AVM JO 114018 01 0N31X3 01 rPo c SF('TION SCALE \Ea1,rIL 96.0 1 1 cr, 96.6 oyeos R Q_W FEINCE� ' l { 01.1445 I. 0 0 0+40S 04 20S 0100 04 20N 04 40N 0460N 1 1l9c N S'�� I J 1 95.4• ( DO O WN i , , ' 96, 4 gi20S 102.9 , 1 C4061 /030 CENTE'R_�.II� 10AIN E LINE II 610 0 \`pr Nb = 1— j ••^l02 9 CEN-ERLINE 611:3ING TRACK, /O�.O' O4¢4N )1(/6 6' , n `11 Rt` S. y d._._. X1 0/. 2 0 4 2 Et N ' 1 ,\Q. 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D p G D n mr. z 2 m03 r <- r O m rn 2 m-4! nn to rn N N < D co C rn z ; C O T K O Z f 0 O A-4 Dx D rn 4i, 111 m V r0 N O n O c m IPO 4 33 Nv+-+azo x D V 10 33 rn 2 < C O < ri D m r z r c N n . 2 aO m n n x 0 2 VI i Dc 433rnv c 0 0 Dm m 33 2 rn T rn z m 0 O z N r p D C -4 in D r < < z m 33rn n -4 D r b V O rn r 0 ern n n Z D n C lA 7c z 1 mD •i a !n to D 0 m m z 2 v 0 v PLANS FOR PROPOSED INSTALLATION SHALL APPROXIMATE DATE WORK WILL BE DONE 12-15-88 (03a1n038 30110N SanOH Bb) NO1103101Ad 0100H1V3 -4 V rn m D z 0 triD 0 2 Gl V n 4.42 c r 0 33 0 rn c -o D 0 33 41) 0 -41 o 0, S3H0110 AVMOVOF! :A6n9 �1• n S)+OYa1 HJV3N39 ION AMn9 Oo 9NISV0 3O d01 n n -1 -1 0, )13Va1 30 2 G1 0 0 -4m 0 1 O 2 33 rn 0 -33C rn O C O 2 m V v � 0 z 2 < rn rn 2 -+ -4 2 to O O 2 0 c n 0 rn 0 Nr N m N 0 0 -4 2 n m 0 c 0 n m 2 21 r z m UTJ TJ rn 73 m U 0 -4 D V -4 rn O -44 O 1VIa31Vw 0 z fTl m 77 38nSS3ad ONIHa0M 1Vn10V SS3N)10IH1 -11YM 3OVa9 ONV NOI1VOIAID3dS 1VI831VW 3dId H r - i 7,3 H 0-1 4 - 0 0 0 C C -4 -4 (9N11103 10N11 a313P4V10 313wVI0 301SNI • 9NISV3 3O H19N31 3dId 1134110V3 3d1d 9NISVO P•LINE CROSSING SPECIFICATIONS • • SPECIFICATION NO. PS -7 • Trigon Consultants, Inc. 1401 17th street. sutte 800 Denver, Co. 80202 (303) 296-9845 PRO.ECT NO. TYPICAL CROSSING (PIPELINE CASING) z CROSS SECTION OF • • TRIGON CONSULTANTS, INC. November 16, 1988 Mr. Jim Holt Denver and Rio Grande Western Railroad Company P.O. Box 5482 Denver, CO 80217 Re: Pipeline ROW Easement for Pipeline Near Rifle CO, Section 23 T -6-S, R -94W Dear Mr. Holt: As a follow up to our previous correspondence for Colorado Gathering Corporation, we have the following attached for your use: - A check for $250.00 to cover the initial fee to apply for a permit. - A copy of the November 3rd letter presenting our standard pipeline ROW agreement. - Exhibit "A" which is the pipeline route across the property described in the pipeline ROW agreement. Please let us know if you need anymore information or if there is anything we can do to expedite the approval process. Ron L. Herridge Project Manager cc: J.A. Jones RLH.lg Attachments 1401 SEVENTEENTH STREET • SUITE 800 • DENVER,COLORADO 80202 • (303) 296-9645 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 TRIGON CONSULTANTS, INC. • • I BALANCE 1 O O •0 N TOTALS ) 250, 00 250.00 2 O 0 0 w INVOICE AMOUNT 'Zr O •O 1-r) N rDATE INVOICE NO. DESCRIPTION uo k.)o CHECK 12485 NUMBER DATEK > 11/16/88 0 O CC0 0 CC 0 O } CCO 2 a- 0 2 z 0 0 a 2 a w 0 w LL. t) co N r-1 UNION BANK AND TRUST 0 N CO DENVER, CO Two Guindked 6ii ty and 00 cen-ts +.n <t TRIGON CONSULTANTS, INC• November 3, 1988 Mr. Jim Holt Denver and Rio Grande Western Railroad Company P.O. Box 5482 Denver, CO 80217 Re: Pipeline ROW Easement for Pipeline Near Rifle CO, Sections 14 & 23 T -6-S, R -94W As a follow-up to our previous discussions, attached is a $100.00 draft for a ROW option and the standard pipeline ROW agreement we have been using to acquire pipeline ROW for the gas pipeline for Bonneville Fuels Corporation in the Rifle, Colorado area. This ROW agreement is for the pipeline right-of-way on the railroad fee land and does not cover the crossing of the railroad track. We are preparing a separate document for the railroad track crossing. Exhibit "A" referred to in the agreement will be the plat drawing showing the proposed pipeline route and will be available next week, after the survey is complete. We are submitting the agreement without the drawing to allow you time to review the wording and to advise us of our next step in the approval process. A note on the ROW cost in the agreement. In my discussion with Mr. Oatman last week, he indicated that Bonneville could expect to pay $38.00 per rod for ROW. The agreement has $20.00 per rod for the easement cost plus $1200.00 an acre damages (40 ft. ROW width) which equates to the $38.00 per rod. Sincerely, Ron L. Herridge Project Manager Attachment row.agree cc: Ms. Judy Jones 1401 SEVENTEENTH STREET • SUITE 800 • DENVER,COLORADO 80202 • (303) 296-9645 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 • • r With a. m o 0 THIS IS A COLLECTION ITEM NOT A CASH ITEM CUSTOMER'S DRAFT O• O y r• n: co rr (D ONO w v, rr o o. fD Co� n •• (D (D rr 0 nmC H. 0 *Y OV 0 I--' O ' C) 1-.4 r•Ofa. (D rr W C H. `G C Z N •CSN O N CA U) 0 C E •^ (D r• C) rt rr O > -zr rr (D *i O (D* I� rt (D* O r ~ >) 9* O 1-* (D* privilege of Re -Draft • Oma_ o 0 • • • • • LN O • • eypx3 ro •r 0 r wop puuq apueJD oTH O Days After Sight and Subject to Approval of Title HDf1O2IH1 1D fl1OD O'N 00 O 0 0 Printed by P & M Printing, (303) 423-4691 • • RIGHT -OF -WAY -AGREEMENT FOR AND IN CONSIDERATION OF THE SUM OF One Hundred and no/100 Dollars ($100.00), the receipt of which is hereby acknowledged, and a further sum of Twenty ($20.00) per rod for each rod of pipeline right-of-way, to be paid after a survey establishing the route, and before construction is commenced, Rio Grande Land Company, hereinafter called Grantor (whether one or more), hereby grants unto Colorado Gathering Corporation its successors and assigns, hereinafter called Grantee, a right-of-way to construct, maintain, inspect, operate, replace, change or remove a pipeline or pipelines or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any other substances, whether fluid or solid, any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route to be selected by Grantee, in, on, over, or through the following decribed land of which Grantor warrants that Grantor is the owner in fee simple, situate in Garfield County, State of Colorado, and hereinafter further described to -wit: A parcel of land situate in Sections 14 and 23, Township 6 South, Range 94 West, 6th P.M., more particularly described as follows: Beginning at a point on the Southerly R.O.W. line of U.S. Interstate Highway No. 70, whence the NW corner of said Section 23 bears N 02°06'06" W. 1648.47 feet; thence along said southerly R.O.W. line the following courses: N 65°12'00" E. 604.00 feet; N 60°37'30" E. 501.60 feet; N 65°12'00" E. 500.00 feet N. 67°46'30" E. 1001.00 feet; N 65°12'00" E. 1419.40 feet N. 65°12'00" E. 80.60 feet; N 67°34'43" E. 21.61 feet; thence leaving said southerly R.O.W. line S. 02°48'00" E. 1199.51 feet to a point on the northerly R.O.W. line of The Denver and Rio Grande Western Railroad Company; thence along said R.O.W. S. 67°30'25" W. 385.07 feet to the north line of SW 1/4 of the NE 1/4 (Lot 2), Section 23, Township 6 South, Range 94 West of the 6th Principal Meridian; thence along said north line S 89°11'00" W. 856.75 feet to the NW corner of said SW 1/4 of the NE 1/4; thence S 00°11'06" E. 342.05 feet along the west line of said SW 1/4 of the NE 1/4 to the northerly R.O.W. line of The Denver and Rio Grande Western Railroad Company; thence along said northerly R.O.W. S. 67°30'25" W. 2864.12 feet to the easterly R.O.W. line of an existing haul road; thence N 02°45'00" E. 1071.46 feet along said easterly R.O.W. line to the point of beginning. Containing 96.97 acres, more or less. Said pipeline easement being more particularly described in EXHIBIT "A" attached hereto and made a part hereof. Together with the right of ingress and egress to and from said land for any and all purposes necessary and incident to the exercise by said Grantee of the rights granted by this contract. Grantor shall have the right to use and enjoy the above described premises, provided, however, Grantor shall not exercise such use and enjoyment in a manner that will impair or interfere with the exercise by Grantee of any of the rights herein granted. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, lake, engineering works or other structure over or on the right-of-way herein granted. The consideration paid by Grantee and received by Grantor includes full and final payment for any and all damages to the land, growing crops, pasturage, reseeding, timber, fences, • • -2- buildings or other improvements of Grantor resulting from the exercise of the rights herein granted during initial construction and no other damages, rights or remedies shall be enforcable, collectible or available to Grantor and Grantor hereby accepts said consideration in full liquidated damages and relief and hereby releases Grantee of and from all such damages and waives the right to collect any further or additional damages in any way arising or resulting from the exercise of the rights herein granted during initial construction. Grantee does agree, however, to pay for actual damages to growing crops, -pasturage, reseeding, timber, fences, buildings or other improvements of Grantor resulting from the reconstruction, replacement or repair of such installation after its initial construction, except Grantee shall not be liable for damages resulting from keeping the right-of-way clean of trees. It is agreed that any payment due hereunder may be made direct to said Grantor or any one of them. The terms, conditions, and provisions of this agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, executors, administrators, successors, assigns and legal representatives. All rights herein granted may be released or assigned in whole or in part. It is further agreed that the sum of $ 1,200.00 Dollars per acre shall be paid for each acre of damage caused by construction. EXECUTED this RIO GRANDE LAND COMPANY BY: day of , 1988. STATE OF )ss. COUNTY OF ) On this day of , 1988, before me the undersigned Notary Public in and for said County and State, personally appeared known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged that they executed the same as their free and voluntary act and deed for the purposes and consideration therein mentioned and set forth. Witness my hand and official seal the day and year last above written. My commission expires: SEAL Notary Public Address: • • GATHERING CORPORATION 0 0 U k RIO GRANDE LAND COMPANY U z TRIGON CONSULTANTS, • r TRIGON CONSULTANTS, INC. November 29, 1988 Mr. Glenn Hartmann Planner Garfield County Department of Building Sanitation and Planning 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 RE: Special Use Permit Pipeline for Colorado Gathering Corporation Dear Glenn: As a follow-up to our request for the subject permit attached are the following documents to support authorization from property owners to construct the pipeline. a) Letter to Army Corps of Engineers requesting permission to cross the Colorado River under the Terms of the Nationwide Permit. (This has been approved and is being forwarded to you under separate cover.) b) Letter elated November 16 to Denver and Rio Grande Western Railroad requesting a Pipeline Easement. c) Letter dated November 10 to Denver and Rio Grande Western Railroad requesting a permit to cross their railroad tracks. d) Letter to Colorado Highway Department requesting a permit to cross I- 70. e) f) g) Pipeline ROW Agreement with Questar Corporation. Pipeline License Pipelines. Pipeline Alignment route. Agreement to cross Western Gas Supply Company Sheet, D157M102, showing the surveyed pipeline Ronald L. Herridge Project Manager RLH:ksd cc: J.A. Jones Colorado Gathering Corporation Enclosures 2 1988 1401 SEVENTEENTH STREET • SUITE 800 • DENVER,COLORADO 80202 • (303) 296-9645 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 TRIGON ANSULTANTS, INC. 827 11TH STREET GREELEY, CO 80631 (303) 353-2560 November 15, 1988 Grand Junction Regulatory Office U.S. Army, Corps of Engineers Sacramento District 764 Horizon Drive, Room 211 Grand Junction, CO 81506-8719 ATTN: Mr. Ken Jacobson RE: Natural Gas Pipeline Crossing Garfield County, Colorado Dear Mr. Jacobson: Enclosed please find one (1) survey sketch and one (1) profile for Bonneville Fuels Corporation proposed crossing of the following river with a natural gas pipeline: The Colorado River, Section 23, Township 6 South, Range 94 West, 6th P.M. It is our intent to follow the guidelines of the Nationwide Permit. Also, no dredged or fill material will be used for the construction of diversion. A letter of no objection is requested for verification and author- ization. Sincerely, Trigon Consultants, Inc. Lew Hagenlock LH:df Enclosures • 33 rim t 110 .5 Ncti�ae..ide Pc Wit- - ..o • FACT SHEET #12 (a) Authorized activities. The following activities, including discharges of dredged or fill material, are hereby permitted provided the conditions listed in paragraph (b) of this section are met. (12) Discharges of material for backfill or bedding for utility lines including outfall and intake structures provided there is no change in preconstruc- tion bottom contours (excess material must be removed to an upland disposal area). A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquifiable, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone and telegraph messages, and radio and television communication. It should be noted that this determination does not authorize the construction of causeways, work platforms, and/or diversion structures. (b) Conditions. The following special conditions must be followed in order for the nationwide permits identified in paragraph (a) of this section to be valid: (1) That any discharge of dredged or fill material will not occur in the proximity of a public water supply intake; (2) That any discharge of dredged or fill material will not occur in areas of concentrated shellfish production unless the discharge is directly related to a shellfish harvesting activity. (3) That the activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the critical habitat of such species. In the case of Federal agencies, it is the agencies responsibility to review its activities to determine if the action "may affect" any listed species or critical habitat. If so, the Federal agency must consult with the Fish and Wildlife Service and/or National Marine Fisheries Service; (4) That the activity will not significantly disrupt the movement of those species of aquatic life indigenous to the waterbody (unless the primary purpose of the fill is to impound water); (S) That any discharge of dredged or fill material will consist of suitable material free from toxic pollutants; (6) That any structure or fill authorized will be properly maintained; (7) That the activity will not occur in a component of the National Wild and Scenic River System; and (8) That the activity will not cause an unacceptable interference with navigation. (9) That the best management practices listed in S 330.6 of this Part should be followed to the maximum extent practicable. • • S 330.6 Management Practices. (a) In addition to the conditions specified in S 330.5(b) of this Part, the following management practices should be followed, to the maximum extent practi- cable, in the discharge of dredged or fill material under nationwide permits in order to minimize the adverse effects of these discharges on the aquatic environment. Failure to comply with these practices may be cause for the district engineer to recommend or the division engineer to take discretionary authority to regulate the activity on an individual or regional basis. (1) Discharges of dredged or fill material into waters of the United States shall be avoided or minimized through the use of other practical alternatives. (2) Discharges in spawning areas during spawning seasons shall be avoided. (3) Discharges shall not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). (4) If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow, shall be minimized. (5) Discharge in wetlands areas shall be avoided. (6) Heavy equipment working in wetlands shall be placed on mats. (7) Discharges into breeding areas of migratory waterfowl shall be avoided. (8) All temporary fills shall be removed in their entirety. J? 0 Sepo • • ONe vrR 1319 4378 0 000 FEET 2 2 / 1075 30" 253 254 255 1 340 000 FEET 2 Mapped, edited, and published by the Geological Survey Control by USGS and NOS/NOAA Topography from aerial photographs by multiplex methods MN Aerial photographs taken 1945-1948. Field check 1952 Polyconic projection. 1927 North American Datum 10,000 -foot grid based on Colorado coordinate system central zone 1000 -meter Universal Transverse Mercator grid ticks, zone 13, shown in blue There may be private inholdings within the boundaries of the National or State reservations shown on this map To place on the predicted North American Datum 1983 move the projection lines 6 meters north and GN 1.47' 4 32 MILS\ 13W 240 MILS UTM GRID AND 1982 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET 50' R. 94 W R 93 W. 1000 0 1000 H H H 1 C NATIONA THIS MAP COMP FOR SALE BY U. S. GEOLOGICAL S A FOLDER DESCRIBING TO P151 P !c)5____ ;ER t Na 5Y5TEM TRIGON IONSULTANTSI INC . 827 11TH STREET GREELEY, CO 80631 (303) 353-2560 November 30, 1988 Garfield County, Colorado Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601-3303 RE: Special. Use Permit Garfield County, Colorado Glenn: 11988 L % u iV f Enclosed please find a photo copy of the letter issued from the Department of the Army authorizing the natural gas pipeline cross- ing of the Colorado River. I have also attached a copy of the Nationwide General Permit referred to in the letter. If you have any questions, please contact myself at 353-2560, or Ron Herridge at 296•-9648. Sincerely, Trigon Consultants, Inc.. Lew Hagenlock LH:am Enclosures REPLY TO ATTENTION OF • • DEPARTMENT OF THE ARMY SACRAMENTO DISTRICT. CORPS OF ENGINEERS 650 CAPITOL MALL SACRAMENTO. CALIFORNIA 95814.4794 November 22, 1988 Regulatory Section (N12-272) Mr. Lew Hagenlock Trigon Consultants, Inc. 827 llth Street Greeley, Colorado 80631 Dear Mr. Hagenlock: I am responding to your letter dated November 15, 1988 concerning installation of a natural gas pipeline across the Colorado River near the Town of Rifle in Garfield County, Colorado. The U.S. Army Corps of Engineers has issued a nationwide general permit which authorizes the discharge of material for backfill or bedding for utility lines provided there is no change in preconstruction bottom contours (excess material must be removed to an upland disposal area). We have determined that your project is authorized by this nationwide general permit NWP12 (copy enclosed) provided you comply with the attached special conditions and best management practices. Please reference permit number N12-272 in any correspondence submitted to this office regarding your project. If you have any questions, contact Martin Miller of this office at (303) 243-1199. Enclosure Sincerely, _ McNure ief, egulatory Unit 4 764 Hor zon Drive, Room 211 Grand unction, Colorado 81506-8719 • INFORMATION PAPER • NATIONWIDE GENERAL PERMIT NUMBER 12 UTILITY LINES, INCLUDING INTAKE AND OUTFALL STRUCTURES A nationwide general permit is a Department of the Army permit that is issued on a nationwide basis for a specific category of activities that are substantially similar and cause minimal environmental impacts. Nationwide permits are designed to allow the work to occur with little delay or paperwork. An individual permit application is not required for an activity covered by a nationwide permit. The Corps of Engineers has issued a nationwide permit for the discharge of material for backfill or bedding for utility lines, including outfall and intake structures, provided that there is no change in preconstruction bottom contours (excess material must be removed to an upland disposal area). A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquifiable, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone and telegraph messages, and radio and television communication. (The utility line and outfall and intake structures will require a Section 10 permit if they are in navigable waters of the United States.) This nationwide general permit satisfies the requirements of Section 404 of the Clean Water Act. The enclosed special conditions must be followed in order for this nationwide permit to be valid. FOR MORE INFORMATION, WRITE TO THE GRAND JUNCTION REGULATORY OFFICE, U. S. ARMY, CORPS OF ENGINEERS, SACRAMENTO DISTRICT, 764 HORIZON DRIVE, ROOM 211, GRAND JUNCTION, COLORADO 81506-8719 OR TELEPHONE (303) 243-1199. 1 Enclosure as stated 1 110 INFORMATION PAPER NATIONWIDE GENERAL PERMIT WESTERN COLORADO A. SPECIAL CONDITIONS. The following special conditions must be followed in order for the nationwide permits to be valid: 1. That any discharge of dredged or fill material will not occur in the proximity of a public water supply intake. 2. That any discharge of dredged or fill material will not occur in areas of concentrated shellfish production unless the discharge is directly related to a shellfish harvesting activity. 3. That the activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the critical habitat of such species. 4. That the activity shall not significantly disrupt the movement of those species of aquatic life indigenous to the waterbody (unless the primary purpose of the fill is to impound water). 5. That any discharge of dredged or fill material shall consist of suitable material free of toxic pollutants in toxic amounts. 6. That any structure or fill authorized.shall be properly maintained. 7. That the activity will not occur in a component of the National Wild and Scenic River System; nor in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status. 8. That the activity shall not cause an unacceptable interference with navigation. 9. That, if the activity may adversely affect historic properties which the National Park Service has listed on, or determined eligible for listing on, the National Register of Historic Places, the permittee will notify the district engineer. If the district engineer determines that such historic properties may be adversely affected, he will provide the Advisory Council on Historic Preservation an opportunity to comment on the effects on such historic properties or he will consider modification, suspension, or revocation in accordance with 33 CFR 325.7. Furthermore, that, if the permittee before or during prosecution of the work authorized, encounters a historic property that has not been listed on the National Register, but which may be eligible for listing in the National Register, he shall immediately notify the district engineer. 1 10. That t.onstruction or operation the activity will not impair reser tribal rights, includin but not limited to, reserved water rights and treaty fishing and hunting rights. 11. That the activity will comply with regional conditions which may have been added by the division engineer (None have been added for western Colorado). 12. That the management practices listed below shall be followed to the maximum extent practicable. B. MANAGEMENT PRACTICES. In addition to the conditions specified above, the following management practices shall be followed, to the maximum extent practicable, in order to minimize the adverse effects of these discharges on the aquatic environment. Failure to comply with these practices may be cause for the district engineer to recommend, or the division engineer to take, discretionary authority to regulate the activity on an individual or regional basis. 1. Discharges of dredged or fill material into waters of the United States shall be avoided or minimized through the use of other practicable alternatives. 2. Discharges in spawning areas during spawning seasons shall be avoided. 3. Discharges shall not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters.) 4. If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flows shall be minimized. 5. Discharges in wetlands areas shall be avoided. 6. Heavy equipment working in wetlands shall be placed on mats. 7. Discharges into breeding areas for migratory waterfowl shall be avoided. 8. All temporary fills shall be removed in their entirety. C. FURTHER INFORMATION. 1. District engineers are authorized to determine if an activity complies with the terms and conditions of a nationwide permit unless that decision must be made by the division engineer. 2. Nationwide permits do not obviate the need to obtain 2 other Federal, Ape or local a uthorization1equired by law. 3. Nationwide permits do not grant any property rights or exclusive privileges. 4. Natiowide permits do not authorize any injury to the property or rights of others. 5. Nationwide permits do not authorize interference with any existing or proposed Federal project. FOR MORE INFORMATION ON THE NATIONWIDE GENERAL PERMITS IN WESTERN COLORADO, WRITE TO THE GRAND JUNCTION REGULATORY OFFICE, U. S. ARMY, CORPS OF ENGINEERS, SACRAMENTO DISTRICT, 764 HORIZON DRIVE, ROOM 211, GRAND JUNCTION, COLORADO 81506-8719 OR TELEPHONE (303) 243-1199. 3 MATE DEPARTMENT OF HIGHW Maintenance Section 02 G_and Junction, CO 81502 INSPECTION RELEASE FOR UTILITIES DATE Utility Company installing or responsible for this installation will return this release to State Department of Highways, Box 2107, Grand Junction, CO 81502. only Lien project is completed and this release is signed by proper area Senior Highway Maintenanceman or his designated representative. I, Senior Highway Haintenanceman or Representative of Patrol , Address Telephone. No: have inspected the installation area for the State Department of Highways concerning the Utility and Underground Permit No: s(194 . I find the area to be in good condition. Please have signed and returned within i0 day's after project is compleated. (Contact JIM YOAST COLORADO GATHERING CORPORATION PH.¢ 625-2286 Utility Company Authorized Personnel DEPARTMENT OF HIGHWAYS 606 So. Ninth St. P.O. Box 2107 0 Grand Junction, Colorado 81502-2107 PH.248-7360 PERMIT N0. SO94 HIGHWAY NO. 1-7c) PERMIT ISSUED TO: • UTILITY PERMITS MILE POST 3.2 MILES WEST OF RIFLE PATROL NO. 10 COLORADO GATHERING CORP SPECIAL PROVISIONS . Time allowed Y Days No (asptialt)(concrete )to be cut. Saw (asphalt) (Concrete)to 10're of edge for line, except as No bore pit allowed withinSupplements. provided by the Manual on Uniform Traffic Control Devices and Supp �,•,�, �-�,"'"-Y�.� !. .� ¢ ` pushed or bored, under the roadway and • All underground utility crossings shall be P All paved roads and driveways crossed in the installation shall be bored. shoulders. grade. Valves and manhole coCtrtos95�11AASH70set Standardbelow Compaction All backfill is subje Cut to be made, backfilledoverthe and patched trencne Cold mix patch may be placedimmediately upon completion of backfill. —'-- patch must replace cold mix. ;�, • Within 14 days, hot mix ;r x . - C ,C •irt ,(: oGi t t. E Fk: r: . nt_ __44___ scAi. gtea .�Y•+ wrv�lisi.vii,..7i4„71.04:T.st.,,,,,,,;. Fr:'3 r+� fie +A� R;z.t,T. , _,��{_ • , � .w.aa'Tfw1P:1�� � • � e; _ ` •� �"" ', �iI' ' �it}4'aeople s a �'a . -, .4.1.1,f,, .*a.t,t.r . 3Y °rse 's barn cases .nd g —and construction signs, flashers, Supplements. Advanced warningtn conform with The Manual onaintainedTraffic all times�inl Devices ronstruction area in Two way traffic shall be m accordance with the MUTCO. permitted from the main lanes or ram s of the P XII__ No access to the work area shall be �� �--�---_„_,�I,u t Interstate Hi shwa �•�, . + . t,, ' d '4 , ou rigger wor d -- —' without pads. the field inspector to meet field Minor changes or additions can be ordered by hal by the p inspector to District 3, and conditions, major changes require written app "as built hallsbemClasse2ptovadpointto the ��24" Dfromrth.e•f.inisshdgd radof HBP Grade and place r. Bckfin s Thae last 24" of backfill shall be 20"24" A8C C ass , in 2 lifts or an approved equivalent. shall be 12" of ABC Class 6, 8" of The last'24" of backfill at Highway crossing rete Slurry (4 sacks-Hi/Early per Cu. Yd.) and 4" of HBP Grade E placed in 2 Canc - . ,A� approved • ui•V':: , �, ;_: nd lifts or an •4 at Phone Number_ Coordinate work with e- Notify the c•or• nators 48 ours befor at Phone 'umber ° i'xX! iT ' $ 'r=xas 1 r+ T. t .� 7- '.� * ' ' _ '• ,, j , , r feet. ly e t ., : line. n mum overhead clearance shallbe within 5' of the right of way All poles and anchors shall be placed placed within 5' of the right of way line. All above ground structures shall be • All eavits or or tunnels aowedowithinthe 30'rofuanymtraveledOSHA. lane at night, weeken No open pits or cuts are alio or Holidays, unless protected by Type 4 barriers, as required by the Buried installation shall be placed within feet from the right of way line. Highways shall be a minimum of 4' belv.: �'t::;c ,;L:rf: All enc..' �^" +� i^ crossing of Nig of way line. and encasement shall be from right of way line to rightprovision Local law enforcement shajl be notified slat n site and falc nstr cti n work. An inspector must be on site during of the inspector shall be reimbursed by The Marking Plan shall be approved by C.D.O.H. Marker signs shallp be installed de unobstructed line of sight between Marker Si•ns. maintained to •rovi_----- +••-,.I rs+ +,r _.- or-on..Saturdays> . STANDARD PROVISIONS FOR UTILITY PERMIT OPERATIONS The Stan Provisions are terms and conditions ' is permit Utility work authorized under this permit sha , ..omply with the requirements of the CDOH Utility I, and applicable federal, state, and iric;�s:ry codes and regulations. Construction of any portion of the highway facility, including the pavement structure, subsurface support, drainage, landscaping elements, and ail appurtenant features, shall comply with the provisions of the CDOH Standard Specifications for Road and Bridge Construction, and with the Colorado Standard Plans (M & S Standards). NOTES: Related Utility Manual criteria are cited in boldface type. 24-10-114 CRS = Section 24-10-114, Colorado Revised Statutes 1973, as amended ROW = Right of Way Parallel installations shall follow a uniform alignment, wherever practical. Due consideration must be given to conserving space available for future utility accommodations. The Standard allowable deviation from the approved horizontal alignment is • 18 inches. (3.011, 3.01c) Minimum cover shall be as per the Special Provisions. Normal specified cover will be 36 inches or greater; reduced cover, 24 inches absolute minimum, may be approved where site conditions warrant. (3.01c, 3.01d) Minimum overhead clearance shall be u per the Special Provisions. consistent with Utility Manual criteria. (3.01a, 3.01b) PAVEMENT CUTS AND REPAIRS Under no condition is a paved surface to be cut unless otherwise specified in this permit. No more than one half the roadbed may be opened ata time, when otherwise permitted. Pavement shall be sawed or wheel -cut 10 a neat line. (3.01d, 3.03c) Pavement will be replaced to a design equal to or greater than that of the surrounding undisturbed pavement structure. Pavement repair shall be as per the Special Provisions or the approved plans. (3.03d) BORING, JACKING. ENCASEMENT Unless otherwise specified. buried crossings shall be bored or jacked beneath the roadway. at least from toe to slope to toe of opposite slope. (3.01d, 3.03c). Portals for untrenched crossings more than 5leet in depth will be bulkheaded. Minimum lateral dimension from portal to edge of pavement is 6 feet, but in any case shall not be less than the vertical drop from roadway surface to top of line. (3.03c) Water jetting or tunneling is not permitted. Water assisted boring may be permitted as determined by the CDOH Inspector. (3.03c) Boring shall not exceed 5 percent oversize. Resultant voids shall be grouted or otherwise backfilled, subject to CDOH approval. Ends of bored sections shall not be covered before being inspected. (3.03c) Encasement requirements shall be consistent with Utility Manual provisions. CDOH may require protective casing for shallow installations or certain conduit materials. Encased crossings shall extend at least from toe of slope to toe of slope, or the Lull width between access -control lines on freeways, including the Interstate System. (3.01d, 3.03g, 3.03h) INSPECTION AND ACCEPTANCE (3.03a) CDOH will determine the extent of inspection services necessary for a given installation. Permittee may be charged the costs of inspection services at the rates established in the CDOH Maintenance Management System. Permittee shall attend final inspection as may be required. Unacceptablework shall be promptly removed and replaced in an acceptable manner. Final acceptance does not relieve Permittee of maintenanceobligations toward those elements of the highway facility constructed under this permit. RESTORATION OF RIGHT OF WAY (3.03d) Prior to final acceptance, all disturbed portions of highway right of way shall be cleaned up and restored to their original condition, subject to CDOH approval. Seeding, sodding, and planting shall be as specified, or otherwise approved by CDOH. Construction, maintenance, and watering requirements shall conform with the CDOH Standard Specifications. Where landscape restoration must be delayed due to seasonal requirements, such work may be authorized by separate permit. OPERATION AND MAINTENANCE (3.04a) Permittee agrees to own and maintain the installation permitted herein. The facility shall be kept in an adequate state of repair and maintained in such a manner as to causethe least interference with the normal operation and maintenance of the highway. If any element of the highway facility, constructed or replaced as a condition of this permit, fails within 2 years due to improper construction or materials, Permittee will be responsibleto make all repairs immediately as notified in writing by CDOH. Routine, periodic maintenance and emergency repairs may be performed under the general terms and conditions of this permit. CDOH shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic. In an emergency, the highway district office and the State Patrol shall immediately be notified of possible traffic hazards. Emergency procedures shall be coordinated beforehand, where possible. Maintenance activities requiring new excavation or other disturbance within highway ROW may require separate permit. Where highway construction or maintenance operations so require. Permittee will shut off lines, remove all combustible materiats from the highway right of way, or provide other temporary safeguards. Should any permitted facilities be abandoned, Permittee agrees to promptly notify the district office and to remove any or all portions of such facilities, as may be directed by CDOH. UNDERGROUND UTILITY LOCATION ASSISTANCE Permittee may be required to identify the installation with suitable markers. of a type and at locations as specified or otherwise approved. Markers shall be maintained by Permittee for the life of the installation. Warning ribbon and/or detection wire may be required for buried facilities. "As Constructed" lines and grades will be furnished as directed. Owners of underground facilities should participate in a notification association pursuant to 9-1.5-105 CRS, or at a minimum shall provide CDOH with location assistance information filed pursuant to 9-1.5-103(1) CRS. ADJUSTMENTS DUE TO HIGHWAY CONSTRUCTION (2.01)) In the event any changes are made to this highway in the future that would necessitate removal, adjustment, or relocation of this installation, Permittee will do so promptly, at no cost to CDOH except as provided by law. upon written notice from CDOH. SUSPENSION AND CANCELLATION (3.03a) The CDOH inspector may suspend operations due to: 1) Non compliance with the provisions of this permit; 2) Adverse weather or traffic conditions; 3) Concurrent highway construction or maintenance in conflict with permit work; or 4) Any condition deemed unsafelor workers Or for the general public. Work may resume upon disposal of grounds for suspension. This permit is subject to cancellation due to: 1) Persistent noncompliance with permit provisions; 2) Abandonment or transfer of ownership; 3) Supersedure by new permit covering the same installation, or 4) Conflict with necessary planned highway construction. Permittee must promptly terminate occupancy upon notice of cancellation of permit. unless a new permit is applied for and granted. Where Permittee does not fulfill an obligation to repair or maintain any portion of the highway facility, or control and safely maintain the flow of traffic thereon, CDOH reserves the right, in lieu of cancelling this permit, to accomplish the required work by any other appropriate means. and Permittee shall be liable tor the actual costs thereof. COMMENCEMENT ANC) COMPLETION No work on highway ROW shall commence prior to issuance of a fully endorsed end validated permit. Permittee shall notify the CDOH Inspector 1) 2 working days before commencing work on ROW; 2) When suspending operations for 5 or more working days: 3) 2 working days before resuming suspended work; 4) Upon completion of work. No work shall proceed beyond the date specified in the Special Provisions without written approval of the Department. PLANS. PLAN REVISIONS, ALTERED WORK Plans or wort sketch (EXHIBIT A) are subject to CDOH approval. A copy of the approved plans or sketch must be available on site during work: Plan revisions. or altered work differing in scope or nature from that authorized under this permit. are subject to CDOH approval. Permittee shall promptly notify the CDOH inspector of changed or unforeseen conditions which may Occur on the job. INSURANCE (2.01o) Permittee shall procure and maintain general public and auto liability and property damage insurance covering the operations under this permit, in the amounts specified in 24-10-114 CRS. Policies shall name the State of Colorado as additional insured party, Like coverage shall be furnished by or on behalf of any subcontractors. Certificates of insurance showing compliance with these provisions -shall be attached to and made a part of this permit; copies must be available on site during work. WORK WHERE DEPARTMENT LACKS AUTHORITY Utility work within mun cipal boundaries (pursuant to43-2-135 CRS), or on certain public lands, may require separate approval of the appropriate jurisdictional agency or property owner. INSTALLATIONS ON FREEWAYS (2-011) CDOH may permit civility accommodations on freeways, inducting the Interstate System, only in accordance with Utility Manual provisions. Special case exceptions as defined therein may be permitted only with prior concurrence by FHWA. Special case exceptions generally involve installations requiring direct access from the through roadways or ramps. ATTACHMENT TO HIGHWAY STRUCTURES Permittee is responsible for designing structure attachments, subject to the approval of the CDOH Staff Bridge Design Engineer. (2.01k, 3.021); DRAINAGEWAYS ANO WATERCOURSES In no case shall the flow of water ever be impaired or interrupted. Where possible, crossings of ditches, canals or water carrying structures shall be bored or)acked beneath. Irrigation ditch or canal crossings require approval of the ditch company or owner. Damage to any drainage facility shall be repaired by Permittee to the satisfaction of the owner. TRAFFIC CONTROL (2.01n) Whenever the work will affect the movement or safety of traffic. Permittee shall develop and implement a traffic control plan, and utilize traffic control devices as necessary to ensure the safe and expeditious movement of traffic around and through the work site and the safety of the utility work force. The traffic control plan and the application of traffic controf devices will conform with the Manual on Uniform Traffic Control Devices and Colorado Supplement thereto, and with the Department's traffic signing Standards S 614-50 and S 614-51. Permittee's traffic control plan is subject to COOH approval prior to commencing work on highway ROW. A copy of the approved traffic control plan must be available on site during work. CLEAR ROADSIDE CONSIDERATIONS (2.014 2.01m) CDOH is committed to provide a roadside area that is as free as practical from nontraverseable hazards and fixed objects ("clear zone"). New above ground installations may be permitted within the clear zone only upon a showing that no feasible altemate locations exist. Permittee must utilize appropriate countermeasures to minimize hazards. Permittee should remove materials and equipment from the highway ROW at the close of daily operations. The traffic control plan must include protective measures where materials and equipment may be stored on ROW_ Opentrenches and other excavations within highway ROW shall be addressed in the Permttee's traffic control plan. - Permittee agrees to promptly undertake mitigating or corrective actions acceptable to the Department upon notification by CDOH that the installation permitted herein has resulted in an otherwise unforeseen hazardous situation for highway users. GENERAL CONSTRUCTION REQUIREMENTS No work shalt be permitted at night or on Saturdays. Sundays, or holidays without prior authorization or unless otherwise specified in this permit. CDOH may restrict work on ROW during adverse weather conditions or during periods o1 high traffic volume. (2.01n, 3.03a) Those areas within ROW which must be disturbed by permit Operations shall be kept to a practical minimum. (3.03c) Permittee shall not spray, Cut, or trim trees or other landscaping elements within highway ROW, unless such work is otherwise specified in this permit, or clearty indicated on the approved plans. (3.04a) No cleated or tracked equipment may work On Or move over paved surfaces without mats. Material removed from any portion of the roadway prism must be replaced in like kind with equal or better compaction. No segregation of material will be permitted. (3.03d) The utility facility shall be of durable materials in CC.., ;,.. .y .. -. ----✓ -- ✓.n .* Or inoustry standards. designed for long service life, and relatively free from routine servicing or maintenance. (3.020 Construction or compaction by means of jetting. puddling, or water flooding is prohibited within all highway ROW. (3.03d) Thrust blocks will be required on all vertical and horizontal bends in pressure pipes. No meters will be placed on highway ROW except within corporate limits where municipal regulations allow such use. ALIGNMENT. COVER. CLEARANCE Location and alignment of Permittee's facilities shall Only be as specified In this permit or as otherwise indicated in the approved plans or work sketch (EXHIBIT A). Parallel installations should 00 located as near as practicable to the ROW line. Crossings should be as nearly perpendicular t0 the highway as feasible. (3.01) Where no teasible alternate locations exist. parallel installations may be permitted along roadside areas within 15 feet from edge of shoulder or back Of curb. In these cases, the facility must be so located and safeguarded as to avoid potential conttict with necessary highway appurtenances (signs, guard rail, defineators, etc.). No parallel installations will be permitted wrthm roadways (including curbing and/Or shoulders) or median areas. except within Corporate boundaries, subject to municipal regulations. FOR YOUR CONVENIENCE, AN ENLARGED REPRINT OF THESE STANDARD PROVISIONS IS ATTACHED TO THIS PERMIT COLGRADO DEPARTMENT OF HIGHWAYS 'UTILITY PERMIT°°•°rte • • CanaryDsttrr,ctCFda Pine - Mimi Foreman mato, StanProv�uona Aoot�cant DEPARTMENTT•U USE ONLY PtPMITTE Name Cotonado Gathetu g Conponati.on LOCATION State Hwy. No 1-70 County Gatti] aid City/Town RAV P DATE ISSUED DEC.5.19138 Address 1600 8noadvx , Sft c to 1110 PERMIT NO. 5094 Venveh. Coto/Lade 80202 S.H. NO. 1-70 m153.2 W.of RIf Required location aids (buried facilities). DISTRICT 03 'For underground location information, contact- Co-eOhado Ga thefi-C.ng Cohpohati.on SECTION 02 1 t Telephone (303) 81y3-1555 PATROL 10 41 Your request to use and/or occupy state highway system right of way as described below is granted subject to the terms and conditions of this permit, including the Standard and Special Provisions, as shown on the FRONT and BACK hereof. IT IS UNDERSTOOD that the Permittee will accomplish the work at no expense to the Department and will own and maintain the facilities permitted. ACTIVITY DESCRIPTION: (furnished by permittee) PURPOSE gl installation 0 Adjustment/Relocation 0 Removal 0 Maintenance of existing facility FACILITY (Type, size, class of transmittant, design pressure or potential, etc) 4" ntttukat ga4 max<m/1m ptpeUtne, pne.1.6011e o 1440 p.a,cg, naiuno P wnia. tg pn.e2dwt.e wLP.? he AID prig. li NATURE OF INSTALLATION 0 Longitudinal (Parallel) XX Transverse (Crossing) ❑ Buried' 0 Aerial/Ground-mounted 0 Attach. to Hwy. Str. No LOCATION State Hwy. No 1-70 County Gatti] aid City/Town RAV P Milepoint(s) or Intersecting feature(s) Cap located at Nott th pnd o6 Box Cititioitt, 1972+00 GIBE_ RNC 1-70 ROW; AppnoxJaw teCy 3% mite's wens -t o4 R, ,S.ee. ADDITIONAL REMARKS Line -to be. attached to wing watt and e4 4s,cae watt of concnete box c&o..Si.ng undennea.,th 1-70. Atso, the comsttuction tv t be conducted ol66 o,S the state tugh-t-of-way, .thenelione, we were adv-ized that no -ttt.a66ic con-tjto.e pPa.n. L needed; paecoe adv,vse, Required location aids (buried facilities). 'For underground location information, contact- Co-eOhado Ga thefi-C.ng Cohpohati.on Telephone (303) 863-1555 PLANS: Attach plans or work sketch ("EXHIBIT A") showing location, character, dimensions, and details of the work to be done. 4 sets minimum required. Compliance with the plans or sketch, as approved by the Department, shall be a condition of this permit. SPECIAL PROVISIONS (completed by Department) The Special Provisions are terms and conditions of this permit. Any work shall only be in accordance with the approved plans, Standard Provisions, and Special Provisions as set forth in this permit. '414 „i•;ern *a #t t i.+:j,Jt L' �frsThe CDOH inspector is Telephone 625-2286 Work to be completed on or before- MARCH 6 ,1989 Work time restrictions DAY LIGHT HRS ONLY , NO WEEK ENDS OR HOLIDAYS. Designated minimum cover is 48t, INCHES Designated minimum overhead clearance is Pavement cuts permitted only as follows. NONE Replace pavement to the following specifications - Required location aids (buried facilities). OTHER- CONSTRUCTION PLAN HAS____BEEN APPROVED AND NO CHANGES WTT.T, BE AT.T.OWF.D WTTHOUT PR TOR APPROVAT, FROM TYTS OFFTCF NO ACCESS WTT,L WTT.L RF. PF.RMTTTFD FROM THE INTERSTATE HTGHWily, ALL—EQUTPMENT AND WORK WILL BE FROM FRONTAGE ROAD AND FIELD ti_CCFSS N(1 Fni1TPMRNT OR SUPPORT VEHICLES WILL BE ALLOWED TO PARK ON PAVED PORTTON OF ROADW' Permittee is pro t •I e. roin'' btr1rtreritin -`' t tr tk `i` in i• .•' •' ` • - • issuance of a fully endorsed and validated permit. Permit, plan exhibit, insurance certificate(s)', and traffic control plan' must be available on site during work. ('See Std. Provisions) Permittee hereby assumes, releases and agrees to indemnify, defend, protect and save the State of Colorado harmless from and against any loss of and/or damage to the property of the State of Colorado, third parties or the Permittee's facilities, and all loss and/or damage on account of injury to or death of any persons whomsoever, arising at any time, caused by or growing out of the occupation of Colorado State Highway rights of way by Permittee's facilities or any part thereof, including but not limited to installation, adjustment, relocation, maintenance or operation, or removal of existing facilities, unless such loss and/or damage arises from the sole negligence or wilful conduct of the State of Colorado or its employees or agents. Failure by Permittee to comply with any of the included terms or conditions may subject this permit to suspension or cancellation, at the discretion of the Department of Highways. THIS PERMIT IS NOT VALID UNTIL FULLY ENDORSED BY ALL PARTIES, WITH DATE OF ISSUE AFFIXED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT. A FULLY EXECUTED COPY OF 1 HIS PERMIT MUST BE ON FILE AT THE HIGHWAY DISTRICT OFFICE. In accepting this permit the undersigned, representing the Permittee, verifies that he or she has the authority to sign for and bind the Permittee. and that he or she has read, understands and accepts all of the included conditions. Atte -d 4 ( ,41—A..- t-9 Date 1 ///)q /ea Signature - X - ra.--, pate 1 // 4ilifij T im Vice President Titl j President DIVISION OF HIGHWAYS, STATE OF COLORADO ChieEngineer (CHECKED BY KELLER & K. DON THOMSON) BY R.P. MOSTON / (I.11, 12-5-88 Distract Engineer Date of issue Previous editions are obsolete and may not be used CDOH Form $333 �►-- 2 -1-es 11/87 Q • •cn 1.,)\ Q COLORADO DEPART 1ENT OF HEALTH Air Pollution Control Division J8 76_x` Telephone (303) 331-8511 EMISSION PERMIT 88GA340 PERMIT NO. DATE ISSUED: December 6, 1988 ISSUED TO: COLORADO GATHERING OXP INITIAL APPROVAL FINAL APPROVAL 0 THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Beaver Creek Booster Station,3 miles west of Rifle, SE 1/4, Section 23, T6S, R94W, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Waukesha F3521 600 HP natural gas fired compressor engine. A catalytic converter controls nitrogen oxide emissions. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS OOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions shall not exceed 20X opacity. 2. The permit number shall be clearly marked on the subject equipment for ease of identification. 3. The serial number of the subject equipment shall be provided to the Division prior to Final Approval. -continued- GENERAL TERMS AND CIDITIONS: (IMPORTANT! READ ITE166, 7, and 8) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduction of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been deter- mined by the APCD to be necessary to assure compliance with the provisions of C.R.S. 1973, 25-7-114(4Xg) and, as such, shall be enforceable under the provisions of C.R.S. 1973, 25-7-115 after final approval of the permit has been granted. Emission limits are imposed to ensure that emissions will not (1) interfere with reasonable further progress toward attainment of the NAAQS for pollutants as required by C.R.S. 1973, Sections 25.7-114(4X9XI)(8) and 25-7-301(i); Section 172(bX3) of the Federal Clean Air Act, 42 USC 7502 (bX3); and Section IV.D.2. of the Air Quality Control Commission Regulation No. 3 or (2) result in an exceedance of the NAAQS for pollutants as required by C.R.S. 1973, Sections 25-7-102, 25-7-105(1XaXI), and 25-7-201(1Xb); Section 165(aX3) of the Clean Air Act, 42 USC 7475(aX3); and Section IV.D.1.c. of Air Quality Control Commission Regulation No. 3. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to, or appeal .f, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence this permit shall oe deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new location, a copy of the revised Air Pollutant Emissions Notice (APEN) (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in Section 111.8. of AQCC Regulation No. 3 upon a request for transfer of ownership. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of C.R.S. 1973, Section 25-7-114(4)(j) and Section IV.H. of AQCC Regulation No. 3. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later, (2) discontinue construction for a period of 18 months or more, or (3) do not complete construction within a reasonable time of the estimated completion date. Exten- sions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee. 7. YOU MUST notify the APCD at (east thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of C.R.S. 1973, Section 25-7-114(4)(j) and Regula- tion No. 3., Section IV.H.1., and can result in the revocation of the permit. 8. YOU MUST obtain final approval within six months of the commencement of operation as that term is defined by the AQCC. Failure to obtain final approval will result in the revocation of the permit. 9. Violation of the terms of a permit which has received final approval or of the provisions of the Colorado Air Quality Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under C.R.S. 1973, Sections 25-7.115 (enforcement), 25-7-121 (injunctions), 25-7-122 (civil penalties) and 25-1-114 (criminal penalties). APCo:83 (REV. 10/83) COLORADO GA7HER1NG . nissriar2 Permit No. 88C:4340 Ini tia.1 Approval Page 2. 4. lsluissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): Nitrogen Oxides: 2.0 grams/HP-hour and 11.58 tons/year. Volatile Organic Compounds: .5 grams/HP-hour and 2.89 tons/year. Carbon Monoxide: 2.0 grams/HP-hour and 11.58 tons/year. 5. mis source shall be limited to a maximum consumption rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. Consumption of natural gas shall not exceed 39.4 X 106 scf/year. 6. AJ1 process equipment shall be maintained and operated so that there is no leakage of air contaminants to the atmosphere prior to their treatment in the pollution control system. The emission control equipment shall be maintained in accordance with the manufacturer's instructions to achieve continuous control of nitrogen oxides. 7. Construction of `this sourice must commence within 18 months of initial approval permit issuance or within 18 months of the start -up -date stated in the application. If commenceme.nt does not occur within the stated time the permit will expire on May 6, 1990 (See General Condition No. 6., Item 1 on the reverse side of the first page of this permit). By Phoou,Q2 a-1.,0 Review Engineer 7 James S. Geier, P.E., Chief afil thy Rhodes New Source Review Section Stationary Sources Program Air Pollution Control Division FC -88 TD1O7HY R B*AaQIAM DIRECTOR. PROPERTY ANO RIGHTS OF WAY DEPARTMENT ►.L.k.CIvtU J • N 1 L QUESTAR PIPELINE COMPANY 79 SOUTH STATE STREET • P. O. BOX 11450 • SALT LAKE CITY, UTAH 84147 • PHONE (801) 530-2511 December 27, 1988 Mr. Ronald L. Herridge Project Manager Trigon Consultants, Inc. 1401 Seventeen Street, Suite 800 Denver, Colorado 80202 Dear Mr. Herridge: Attached is executed right-of-way and easement grant for Colorado Gathering Corporation's pipeline to be located in our Rifle Yard. We trust this easement will meet your needs in a satisfactory manner. We would appreciate receiving a copy of the document when it has been recorded. Attachment nl Very truly yours, e • RIGHT-OF-WAY AND EASEMENT GRANT QUESTAR PIPELINE COMPANY, a corporation of the State of Utah ("Grantor") , whose principal place of business is: 79 South State Street, Salt Lake City, Utah, grants and conveys to COLORADO GATHERING CORPORATION, a corporation of the State of Colorado, 1600 Broadway, Suite 1100, Denver, Colorado, ("Grantee") , a right of way and easement fifteen (15) feet in width through and across the following lands situated in Garfield County, State of Colorado ("the Lands"): A tract of land situated in Lot 1 Northwest Quarter of the Northwest Quarter of Section 18, Township 6 South, Range 93 West of the Sixth Principal Meridian and the Northeast Quarter of the Northeast Quarter of Section 13, Township 6 South, Range 94 West of the Sixth Principal Meridian, Garfield County, Colorado. The centerline of the right of way shall extend through and across the Lands as follows: Beginning at a point on the westerly boundary of said tract of land from which the section corner common to Sections 7 and 18 of Township 6 South, Range 93 West and Sections 12 and 13 of Township 6 South, Range 94 West bears North 05° 35' 42" East, 597.06 feet; Thence North 87° 47' 14" East 30.5 feet along said easement; thence North 38° 53' 32" East 43.7 feet along said easement; thence North 86° 32' 08" East 40.7 feet along said easement; Thence S. 02° 52' 01" East 14.7 feet along said easement, to its terminus. This right of way and easement is granted in consideration of TEN and NO/100 DOLLARS ($10.00) and other good and valuable consideration, receipt of which is acknowledged, and shall permit Grantee to lay, maintain, operate, repair, inspect, protect, remove and replace pipelines, valves, valve boxes and other gas transmission and distribution facilities, (collectively, the "Facilities") through and across the Lands. Grantee shall be entitled to have and to hold this right of way and easement for so long as the Facilities shall be maintained, with • • the right of ingress to, egress from, and access on and along the right of way to construct, maintain, operate, repair, inspect, pro- tect, remove and replace the Facilities. This right of way and ease- ment shall carry with it the right to use existing roads of Grantor for the purpose of conducting the foregoing activities. Grantee may also temporarily use such portion of Grantor's property along and adjacent to the right of way as may be reasonably necessary in connection with construction, maintenance, removal or replacement of the Facilities. Grantor shall have the right to use the Lands, except repair, for the purposes for which this right of way and easement is granted to Grantee, provided such use does not unreasonably interfere with the Facilities or any other rights granted to Grantee under this Right -of -Way and Easement Grant ("Grant"). Grantee agrees to pay damages that may arise to land, crops or fences caused by the exercise of its rights under this Grant. Should any unresolved dispute arise as to such damages, it shall, at the written request of either party, be arbitrated and determined by disinterested arbitrators, one to be appointed by Grantor and one by Grantee within 20 days after such request. If the two so chosen are unable to agree within 90 days after appointment, then they shall, within 30 days after written request by either the Grantor or the Grantee, select a third arbitrator. If the two arbitrators cannot agree on a third arbitrator, either Grantor or Grantee may seek appointment of a third arbitrator by a federal district judge of the district in which the Lands lie. The decision of any two of the arbitrators so appointed shall be final. This Grant shall be binding upon and inure to the benefit of the successors and assigns of Grantor and the successors and assigns of the Grantee. In the event that Grantee, its successors and assigns fail to utilize the right of way and easement for the purposes set forth in this Grant for a period of two (2) years, then the Grant and all right, title and interest conveyed thereunder shall revert to Grantor, its successors and assigns. • • IN WITNESS WHEREOF the Gra for has affixed its corporate name and seal this JZ day of , 1943 . GRANTOR: Attest: QUESTAR PIPELINE COMPANY By l'qatAA44eit— Secretary A. J(/ Marushack, President and Chief Executive Officer STATE OF UTAH ) )SS: COUNTY OF____-l/Z,4.4 ) On this Z ^J`� day of /�_ga,,_._,,t-t , 19ff, before me personally appeared A. J. MARUSHACK, who, being by me duly sworn, did say that he is the President and Chief Executive Officer of QUESTAR PIPELINE COMPANY and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and said A. J. MARUSHACK acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and seal the first day above writte Notary P My Commission Expires: Residing at: ePr/ / /99C REPLY TO ATTENTION OP 11 PARTMENT OF THE ARMY S rRAMENTO DISTRICT. CORPS OF ENGINEER. 650 CAPITOL MALL SACRAMENTO. CALIFORNIA 95414 4794 November 22, 1988 Regulatory Section (N12-272) Mr. Lew Hagenlock Trigon Consultants, Inc. 827 llth Street Greeley, Colorado 80631 Dear Mr. Hagenlock: • I am responding to your letter dated November 15, 1988 concerning installation of a natural gas pipeline across the Colorado River near the Town of Rifle in Garfield County, Colorado. The U.S. Army Corps of Engineers has issued a nationwide general permit which authorizes the discharge of material for backfill or bedding for utility lines provided there is no change in preconstruction bottom contours (excess material must be removed to an upland disposal area). We have determined that your project is authorized by this nationwide general permit NWP12 (copy enclosed) provided you comply with the attached special conditions and best management practices. Please reference permit number N12-272 in any correspondence submitted to this office regarding your project. If you have any questions, contact Martin Miller of this office at (303) 243-1199. Sincerely, Grady- L McNure ief, •egulatory Unit 4 764 Hor zon Drive, Room 211 Grand unction, Colorado 81506-8719 Enclosure 1 INFORMATION PAPER 40 NA NWIDE GENERAL PERMIT NUM 12 UTILITY LINES, INCLUDING INTAKE AND OUTFALL STRUCTURES A nationwide general permit is a Department of the Army permit that is issued on a nationwide basis for a specific category of activities that are substantially similar and cause minimal environmental impacts. Nationwide permits are designed to allow the work to occur with little delay or paperwork. An individual permit application is not required for an activity covered by a nationwide permit. The Corps of Engineers has issued a nationwide permit for the discharge of material for backfill or bedding for utility lines, including outfall and intake structures, provided that there is no change in preconstruction bottom contours (excess material must be removed to an upland disposal area). A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquifiable, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone and telegraph messages, and radio and television communication. (The utility line and outfall and intake structures will require a Section 10 permit if they are in navigable waters of the United States.) This nationwide general permit -satisfies -the requirements of Section 404 of the Clean Water Act. The enclosed special conditions must be followed in order for this nationwide permit to be valid. FOR MORE INFORMATION, VRITE TO THE GRAND JUNCTION REGULATORY OFFICE, U. S. ARMY, CORPS OF ENGINEERS, SACRAMENTO DISTRICT, 764 HORIZON DRIVE, ROOM 211, GRAND JUNCTION, COLORADO 81506-8719 OR TELEPHONE (303) 243-1199. 1 Enclosure as stated 1 1 Y INFORMATION PAPER likATIONWIDE GENERAL PERMIT. WESTERN COLORADO A. SPECIAL CONDITIONS. The following special conditions must be followed in order for the nationwide permits to be valid: 1. That any discharge of dredged or fill material will not occur in the proximity of a public water supply intake. 2. That any discharge of dredged or fill material will not occur in areas of concentrated shellfish production unless the discharge is directly related to a shellfish harvesting activity. 3. That the activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the critical habitat of such species. 4. That the activity shall not significantly disrupt the movement of those species of aquatic life indigenous to the waterbody (unless the primary purpose of the fill is to impound water). 5. That any discharge of dredged or fill material shall consist of suitable material free of toxic pollutants in toxic amounts. 6. That any structure or fill authorized.shall be properly maintained. 7. That the activity will not occur in a component of the National Wild and Scenic River System; nor in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status. 8. That the activity shall not cause an unacceptable interference with navigation. 9. That, if the activity may adversely affect historic properties which the National Park Service has listed on, or determined eligible for listing on, the National Register of Historic Places, the permittee will notify the district engineer. If the district engineer determines that such historic properties may be adversely affected, he will provide the Advisory Council on Historic Preservation an opportunity to comment on the effects on such historic properties or he will consider modification, suspension, or revocation in accordance with 33 CFR 325.7. Furthermore, that, if the permittee before or during prosecution of the work authorized, encounters a historic property that has not been listed on the National Register, but which may be eligible for listing in the National Register, he shall immediately notify the district engineer. 1 rir 10. That the construction or operation of the +`L•w•,I -- not impair resei1e ribaltrights, includishingng, but lnotriimited to, reserved water 9 andghts. 11. That the activity bywill thecomply divisionwith englneerregional (Noneconditions which may have been been added for western Colorado). 12. That the management practices listed below shall be followed to the maximum extent practicable. B. MANAGEMENT PRACTICES. In addition to the conditions specified above, the following management practices shall be followed, to the maximum extent practicable, in order to minimize the adverse effects of these discharges eseon tthe ecaquatic be cause environment. Failure to comply with for the district engineer to recommend, or the division engineer to take, discretionary authority to regulate the activity on an individual or regional basis. 1. Discharges of dredged or fill material into waters of the United States shall be avoided or minimized through the use of other practicable alternatives. 2. Discharges in spawning areas during spawning seasons shall be avoided. 3. Discharges shall not restrict oz impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters.) 4. If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flows shall be minimized. S. Discharges in wetlands areas shall be avoided. 1 1 1 1 1 i 6. mats. Heavy equipment working in wetlands shall be placed on 7. Discharges into breeding areas fox migratory waterfowl shall be avoided. e. All temporary fills shall be removed in their entirety. C. FURTHER INFORMATION. 1. District engineers are authorized to determine if an activity complies with the terms and conditions of a nationwide permit unless that decision must be made by the division engineer. 2. Nationwide permits do not obviate the need to obtain 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 other Federal, state or local authorizations required by law. 3. Nationwid•ermits do not grant any Operty rights or exclusive privileges. 4. Natiowide permits do not authorize any injury to the property or rights of others. 5. Nationwide permits do not authorize interference with any existing or proposed Federal project. FOR MORE INFORMATION ON THE NATIONWIDE GENERAL PERMITS IN WESTERN COLORADO, WRITE TO THE GRAND JUNCTION REGULATORY OFFICE, U. S. ARMY, CORPS OF ENGINEERS, SACRAMENTO DISTRICT, 764 HORIZON DRIVE, ROOM 211, GRAND JUNCTION, COLORADO 81506-8719 OR TELEPHONE (303) 243-1199. 3 Permit No. Date: GARFIELD COUNTY CONSTRUCTION PERMIT FOR INSTALLATION OF UTILITIES IN PUBLIC RIGHTS - OF - WAY 045-88 U 12-13-88 Permittee's Name: COLORADO GATHERING CORP - Address: 1600 BROADWAY S.1123 DENVER CO 80202 Type of Installation: BELOW GROUND PIPELINE Location and Description of Work: Co Rd 320 PIPELINE RUNNING PARALLEL TO Cont.. Estimated Construction Schedule: Start: 01-15-89 Finish: 03-15-89 Request for permission to make the above described installation at the location specified is hereby granted, subject to the following terms, conditions and special provisions: 1. It is understood that the Permittee will cause the installation to be made at no expense whatsoever to Garfield County and that the Permittee will own and maintain the installation upon completion of work. 2. The Permittee shall maintain the installation at all times and agrees to hold harmless the County of Garfield and its representatives, agents and employees from any and all liability, loss and damage which may arise out of or be connected with the installation, maintenance, alteration, removal, or presence of the installation above described or any work or facility connected therewith, within the area covered by this Permit. The entire installation, repairs and clean-up shall be completed prior to: 03-15-89 4. The traveling public shall be protected during the installation with proper warning signs or signals both day and night, and warning signs and signals shall be installed by and at the expense of the Permittee and in accordance with directions given by the Board of County Commissioners or their representative. No open trench shall be permitted in the traveled roadway after dark, unless otherwise specified in the Special Provisions below. 5. If the Board of County Commissioners so requires, Permittee shall mark the installation at designated locations in a manner acceptable to the Board of County Commissioners or their representative. 6. In the event any changes are Made to this highway in the future that would necessitate removal for relocation of this installation, Permittee will do so promptly at its own expense upon written request from the Board of County Commissioners. The County will not be responsible for any damage that may result in the maintenance of the highway to installation placed inside Public Rights -of -Way limits. • • 7' Permittee will be required to shut off lines and remove all combustible materials from the right-of-way when requested to do so by Board of County Commissioners because of necessary road construction or maintenance operations. 8. Where the installation crosses the roadway, it shall be incased in pipe of larger diameter and the crossing shall be as nearly perpen- dicular to the roadway as physically possible. This installation shall be installed by the method of boring or jacking through beneath the road surface; however, open cut shall be allowed up to the edge of the surfaced portion of the highway. No water shall be used in the boring and no tunneling shall be permitted. 9. Where the installation crosses any ditches, canals or water carrying structures, wherever possible it shall be pushed though and beneath in a pipe of larger diameter thereby eliminating the necessity of trenching. In no case shall the flow of water ever be impaired or interrupted. 10. The installation must be accomplished in accordance with accepted good practices and conform to the recommendations of the National Electric Safety Code and to such Colorado statutes as are applicable. 11. The above-described BELOW GROUND PIPELINE shall be installed beneath the surface of the right-of-way at a minimum depth of 48 INCHES, and the disturbed portion of the right-of-way will be restored to its original condition. Any backfilling in the roadway shall be made in six-inch lifts and mechanically tamped and packed, and the last twelve inches of backfill shall be of stable granular material such as crushed rock or gravel. 12. Permittee shall be responsible for any repairs to roadway or right-of-way necessitated by the installation. 11. Permittee's installation shall be made at a location mutually agreed upon by Permittee and the Board of County Commissioners or their representative, and in accordance with details and specifications shown on the construction plans, a copy of which shall be furnished to Garfield County. 14. Permittee shall inform the Board of County Commissioners of con- struction methods, equipment and operational procedures that will be utilized and shall obtain the concurrence of the Board of County Commissioners. 15. Permittee shall advise the Board of County Commissioners or their representative at least 48 hours in advance of the time at which work on the installation will commence. 16. Any materials from excavation as the result of the installation will be removed from the roadway surface each day. 17. Under no condition is an asphalt surface to be cut unless other wise specified in the attached Special Provisions. 110 18. Where reference is made herein to the representative of the Board of County Commissioners, such representative shall be the District Road Supervisor, unless otherwise specified in writing by the Board of County Commissioners. IN THE ROADWAY BETWEEN DITCHES 95% COMPACTION, BETWEEN DITCH & FENCE LINE, 85% COMPACTION. TRENCHLINE INSIDE ROADWAY, LAST LIFT NEEDS TO BE 1 FT. OF CLASS 6 ROADBASE. PERMITTEE WILL BE REQUIRED TO MAINTAIN THE AREA WHEREIN UTILITY INSTALLATION IS MADE DURING CONSTRUCTION PERIOD AND A FULL YEAR AFTER THE COM- PLETION DATE. Special Provisions: ALL STANDARD PROVISIONS APPLICABLE, $20,000 PER MILE ROAD DAMAGE BOND TO BE IN FORCE THROUGHOUT PROJECT BOND WILL COVER 046-88U ALSO. SEE ATTACHED PAGE FOR THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO In accepting this Permit the undersigned, representing the Permittee, verifies that he has read and understands all of the foregoing pro- visions; that he has authority to sign for and bind the Permittee; and that by virtue of his signature the Permittee is bound by all the conditions set forth herein. Permit Applicant: By: Title: COLORADO GATHERING CORP Rev. 1/88 • • Garfield County Road & Bridge Department PO Box 2254 Glenwood Springs, CO 81602 303-945-6111 Colorado Gathering Company 1600 Broadway Suite 1123 Denver, CO 80202 RE: Utility Cut Permits #: 045-88U AND 046-88U 13 December 88 Sirs: The below special provisions are an extension of your permits and are in effect throughout the entire time of the project, and any applicable periods of time afterwards. 1) Issuance of this permit allows holder to utilize the County Right -of -Way but does not disallow any requirements by other parties, i.e., adjacent land owners. 2) Any oversized material that is not utilized in backfill will be hauled off by permittee. King .yd4 uperin v4.7.;---e- Chairman, Board of County Commissioners 045046U • • Permit No. 046-88 U Date: 12-13-88 GARFIELD COUNTY CONSTRUCTION PERMIT FOR INSTALLATION OF UTILITIES IN PUBLIC RIGHTS - OF - WAY Permittee's Name: COLORADO GATHERING CORP Address: 1600 BROADWAY 8.1123 DENVER CO 80202 Type of Installation: BELOW GROUND PIPELINE Location and Description of Work: Co Rd 320 PIPELINE TO CROSS CO RD 320 I Cont.. TWO LOCATIONS Estimated Construction Schedule: Start: 01-15-89 Finish: 03-15-89 Request for permission to make the above described installation at the location specified is hereby granted, subject to the following terms, conditions and special provisions: 1. It is understood that the Permittee will cause the installation to • be made at no expense whatsoever to Garfield County and that the Permittee will own and maintain the installation upon completion of work. 2. The Permittee shall maintain the installation at all times and agrees to hold harmless the County of Garfield and its representatives, agents and employees from any and all liability, loss and damage which may arise out of or be connected with the installation, maintenance, alteration, removal, or presence of the installation above described or any work or facility connected therewith, within the area covered by this Permit. 3. The entire installation, repairs and clean-up shall be completed prior to: 03-15-89 4. The traveling public shall be protected during the installation with proper warning signs or signals both day and night, and warning signs and signals shall be installed by and at the expense of the Permittee and in accordance with directions given by the Board of County Commissioners or their representative. No open trench shall be permitted in the traveled roadway after dark, unless otherwise specified in the Special Provisions below. 5. If the Board of County Commissioners so requires, Permittee shall mark the installation at designated locations in a manner acceptable to the Board of County Commissioners or their representative. 6. In the event any changes are made to this highway in the future that would necessitate removal for relocation of this installation, Permittee will do so promptly at its own expense upon written request from the Board of County Commissioners. The County will not be responsible for any damage that may result in the maintenance of the highway to installation placed inside public Rights -of -Way limits. • • 7. Permittee will be required to shut off lines and remove all combustible materials from the right-of-way when requested to do so by Board of County Commissioners because of necessary road construction or maintenance operations. 8. Where the installation crosses the roadway, it shall be incased in pipe of larger diameter and the crossing shall be as nearly perpen- dicular to the roadway as physically possible. This installation shall be installed by the method of boring or jacking through beneath the road surface; however, open cut shall be allowed up to the edge of the surfaced portion of the highway. No water shall be used in the boring and no tunneling shall be permitted. 9. Where the installation crosses any ditches, canals or water carrying structures, wherever possible it shall be pushed though and beneath in a pipe of larger diameter thereby eliminating the necessity of trenching. In no case shall the flow of water ever be impaired or interrupted. 10. The installation must be accomplished in accordance with accepted good practices and conform to the recommendations of the National Electric Safety Code and to such Colorado statutes as are applicable. 11. The above-described BELOW GROUND PIPELINE shall be installed beneath the surfate of the right-of-way at a minimum depth of 48 INCHES, and the disturbed portion of the right-of-way will be restored to its original condition. Any backfilling in the roadway shall be made in six-inch lifts and mechanically tamped and packed, and the last twelve inches of backfill shall be of stable granular material such as crushed rock or gravel. 12. Permittee shall be responsible for any repairs to roadway or right-of-way necessitated by the installation. 13. Permittee's installation shall be made at a location mutually agreed upon by Permittee and the,oard of County Commissioners or their representative, and in accordance with details and specifications shown on the construction plans, a copy of which shall be furnished to Garfield County. 14. Permittee shall inform the Board of County Commissioners of con- struction methods, equipment and operational procedures that will be utilized and shall obtain the concurrence of the Board of County Commissioners. 15. Permittee shall advise the Board of County Commissioners or their representative at least 48 hours in advance of the time at which work on the installation will commence. 16. Any materials from excavation as the result of the installation will be removed from the roadway surface each day. 17. Under no condition is an asphalt surface to be cut unless other- wise specified in the attached Special Provisions. • • 18. Where reference is made herein to the representative of the Board of County Commissioners, such representative shall be the District Road Supervisor, unless otherwise specified in writing by the Board of County Commissioners. IN THE ROADWAY BETWEEN DITCHES 95% COMPACTION, BETWEEN DITCH & FENCE LINE, 85% COMPACTION. TRENCHLINE INSIDE ROADWAY, LAST LIFT NEEDS TO BE 1 FT. OF CLASS 6 ROADBASE. PERMITTEE WILL BE REQUIRED TO MAINTAIN THE AREA WHEREIN UTILITY INSTALLATION IS MADE DURING CONSTRUCTION PERIOD AND A FULL YEAR AFTER THE COM- PLETION DATE. Special Provisions: ALL STANDARD PROVISIONS APPLICABLE, $20,000 PER MILE ROAD DAMAGE BOND TO BE IN FORCE THROUGHOUT PROJECT BOND WILL COVER 045-88U ALSO. SEE ATTACHED PAGE. FOR THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO In accepting this Permit the undersigned, representing the Permittee, verifies that he has read and understands all of the foregoing pro- visions; that he has authority to sign for and bind the Permittee; and that by virtue of his signature the Permittee is bound by all the conditions set forth herein. Permit Applicant: By: CO|1RADO GATHERING CORP Title: /L7'7/)/ Rev. 1/88 • • Garfield County Road & Bridge Department PO Box 2254 Glenwood Springs, CO 81602 303-945-6111 Colorado Gathering Company 1600 Broadway Suite 1123 Denver, CO 80202 RE: Utility Cut Permits O: 045-88U AND 046-88U 13 December 88 Sirs: The below special provisions are an extension of your permits and are in effect throughout the entire time of the project, and any applicable periods of time afterwards. 1) Issuance of this permit allows holder to utilize the County Right -of -Way but does not disallow any requirements by other parties, i.e., adjacent land owners. 2) Any oversized material that is not utilized in backfill will be hauled off by permittee. King Ll: d,uperinten ent Chairman, Board of County Commissioners 045046U R • ROBERT DELANEY KENNETH BALCOMB JOHN A. THULSON EDWARD MULHALL, JR. ROBERT C. CUTTER SCOTT BALCOMB DAVID R. STURGES LAWRENCE R. GREEN SCOTT McINNIS ROBERT M. NOONE HAND DELIVERED DELANEY SC BALCOMB, P. G. ATTORNEYS AT LAW DRAWER 790 GLENWOOD SPRINGS, COLORADO 81602 February 15, 1989 Mr. Mark Bean Garfield County Planning Department Courthouse Glenwood Springs, CO Re: Colorado Gathering Corporation Dear Mark: 818 COLORADO AVENUE 945-6546 TELEPHONE 945-2371 TELECOPIER 945-8902 AREA CODE 303 Enclosed please find a copy of Irrevocable Letter of Credit that I have received today via the fax machine. The original of this Letter of Credit is being mailed to you. DRS:bd Enc. Sincerely, DELANEY & BALCOMB, P.C. David R. Sturgs 7 _ f_mi First Interstate .Eu1* 0 0 Date February 15, 1989 _ _ _ __ Letter of Credit No.: COrltlrmet,On Of Our Telex Ueted SB 55087 P Beneficiary Board of County Commissioners Garfield County Glenwood Springs, CO 02.15.89 15:24 2 293 5240 FIDN-COM. LEND. rim hoof%a• m of Oonv*.. N A tol0,,al.unnl UI..„al ,” Or.panmv.a 795 nr„vr.. Colowlo @O7” I Attn: Advising Bank Attn: • 02 irrevocable Letter of Credit Telephone (3031 291 )71t Swill Address IWFCus s5 Taloa Numtxry 4322036 4S9()6 (11 S A andCanada) Applicant Colorado Gathering Corporation 1600 Broadway, Suite 1110 Denver, CO 80202 Attn: Letter of Credit Amount: Expiry Date: USD20,000.00 August 11, 1909 (At our Countars at 3:00 p.m. Denver time) We hereby issue in your favor our IRREVOCABLE LETTER OF CREDIT which is available against presentation of your drafts on us at sight. Drafts must be accompanied by: MOCI lfKAOGIRO1CMIZKR d2 ODtepX@(K7tWAII7lCX A WRITTEN STATEMENT EXECUTED BY A PURPORTED REPRESENTATIVE OF TUE COUNTY WHO IS PURPORTEDLY DULY AUTHORIZED BY TUE BOARD OF COUNTY COMMISSIONERS STATING THAT, "COLORADO GATHERING CORPORATION HAS NOT COMPLIED WITH THE REQUIREMENTS AS SPECIFIED IN CONDITION 6 OF THE BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 89-020." THIS IS AN IRREVOCABLE LETTER OF CREDIT THAT MAY NOT BE WITHDRAWN OR REVOKED BY THE ISSUER OR BY COLORADO GATHERING CORPORATION, WITHOUT THE PRIOR CONSENT OF THE BENEFICIARY (BOARD OF COUNTY COMMISSIONERS). LU Partial drawings are not permitted. THE ORIGINAL CREDIT MUST ACCOMPANY FINAL DRAFT. DRAFTS DRAWN HEREUNDER MUST INDICATE THIS LETTER OF CREDIT NUMBER. WE HEREBY AGREE WITH THE DRAWERS8dt3C1i:M10k F THE DRAFTS DRAWN UNDER AND IN COM• PLIANCE WITH THE TERMS OF THIS CREDIT THAT THE SAME SHALL BE HONORED UPON PRESENTATION AND DELIVERY OF DOCUMENTS SPECIFIED ABOVE TO THE DRAWEE IF DRAWN AND I ftti,tit,V000N OR BEFORE THE EXPIRATION DATE STATED ABOVE. 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