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HomeMy WebLinkAbout1.0 Application• GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: www.garfield-county.com • RECEIVED APR 1 2 2004 970.945.3470 GAi , 'LLD COUNTY BUILDING & PLANNING Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) D Street Address / General Location of Property: The proposed pipeline will originate at 700 Buckhom Drive in Rifle, CO and terminate the Hunter Mesa Water Treatment Facility in Sect. 1, T7S, R93W in Garfield County, CO. D Legal Description: sw'i4, SW'/4, Section 14, Township 6 South, Range 93 West to SE'% SE''%, Section 1 Township 7 South, Range 93 West in Garfield County, Colorado. • Existing Use & Size of Property in acres: Project covers approx. 50 acres of private and federal properties. D Description of Special Use Requested: Construction, use and maintenance of an 8" water pipeline and related facilities (including valves and electronic pumping equipment). The proposed pipeline is approx. 31,024 feet in total length, with approx. 9,812 feet on federal land and approx. 21,212 feet on private land. ➢ Zone District: 024 pt/(1,1CLA 05 > Name of Property Owner (Applicant): EnCana Oil & Gas (USA) Inc. (Facility operator) D Address: 792 Buckhom Drive Telephone: 970-625-4209 • City: Rifle State: Colorado Zip Code: 81650 FAX: 970-625-1645 > Name of Owner's Representative, if any (Attorney, Planner, etc): Dion Plsek, Cordilleran Compliance Services, Inc. ➢ Address: 826 21%2 Road Telephone: 970-263-7800 • City: Grand Junction State: Colorado Zip Code: 81505 FAX 970-263-7456 STAFF USE ONLY • Doc. No.: Date Submitted: TC Date: Planner: Hearing Date: • • I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1 Please submit, in narrative form, the nature and character of the Special Use requested. Submit pians and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the • • periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield- county.com/building and planning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. b. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of G. • • mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of applic: ''"er) 11/07/2002 ov Last Revised: AIRPORT LAND PARTNERS, LTL! Garfield Ooanty 73 Airport PARCEL"H" -.VO USE - AIRPORT LAND PARTNERS LTD. COCENERAt'rt.�.v TBr:HNO(A; ti RLL ROSS 1 goo Aws LIiIL V'(7L('L 1101:41. iIORGAGE = (SS(K ALM WAS NMR ANDERSON et.* PARCEL, "B" -'VO USE - RT T. LAZIER '1111 PORIM •w1'; PARCEL "A'' -NO USE - AIRPORTND PARTN$RS LTD PARCEL "O" E3'IOCI..CYL Proposed River Water Pipeline ±29,997' CEDER SPRING RANCH. LLC BENZEL VESTOCX BBNZZL LIVESTOCK CO. AIRPORT LAND PARTNERS. LTD PARCEL "E" PARCLL "I'` A t+.:? MAU MADRID �DYA BRYNILDSON AIRADRT (.,(N P41TNlRS. Mmi BILL LTD WA LTA z O) 1L MET KRK LTD Si' 1 TER TREATMENT Orr Ht :VTER.4IES''A CO3/PRESSOR sT.1TIon EnCana oil„Gas1„c. s1UEFFtR LTA RAL LTD Proposed River Water Pipeline SEC. 14, 15, 23, 26, 35, 36, T6S, R93W, Also in, SEC. 1, T7S, R93W, 6th RM. NIIIMMEMMANNIONNO 7e-Sz4ie S;trdfeff /<rC, (435) 781-2501 1 E O North Vernal Ave. Vzr,iel. 'J!ah Ru _” = Legend = River Water Pipeline MAT. DETAIL PROFILE CONT. WIDTH ENVIRO. R.O.W. ALIGNMENT CROSSINGS 5398.9 5406.4 N821765/1- 172.56' 0+04.06 .0446, Lire P7.. 2 STA. 7+76.64 1+97 COS Line 20035'O9'E 385/9' P.O.SL 7+0855 N697236T 2445.56' 7+08.55 Section One 7+93 OroArage 5439,5 5450.7 5460.3 9+40 Drayage 9+40 - Drainage 5466.4 5468.9 15+92 °renege 5479.7 5487.6 5478.8 18+79 Onrinoge 5476.6 15+92 - Drainage 5489.3 5489.1 22+31 D'eha9e 5474.6 5478.5 5476.7 18+79 - Drainage 22+31 - Drama 28+33 Drainage 5480.1 5496.6 5504.7 28+33 55�- 26+33 - Draina P/. 5 STA 32+01.85 5897397T 7377.15' 5515.7 5533.6 5549.5 5556.4 5555.9 28+54 - Drainage 5558.6 5567.0 42+75 Da4age 43+46 D.8Arage 5565.3 P.1 6 STA. 451,19.00 .54356'01r 22924' 5556.7 P./. 7 STA 47+4824 22999'109 98262' 5539.9 5533.4 E2+755 Drainage _43+48 s 049119a 5536.3 44+42 - Drama El. - 5531.8 gage 49+09 51+70 798689e 52+07 Drainage 55®- 5550.0 man- P./. 8 STA. 57+3066 212LT6.20T 290.69' P.7. 9 STA. 60+21.55 5839996'4 476.43' 57+19 P9e'Ine (.36' Left) 60+22 Phe'he (30' cerci EL . 556154 5573.2 53+13 - Drainage 5583.9 5656.0 P./. 10 STA. 64+9798 S5292961W 72515' P.1 11 STA 66+2213 25826'49'4/ 12672' 63+96 Ora/nage 64+30 D.ahage MAT. DETAIL PROFILE CONT. WIDTH 5656.0 ENVIRO. R.O.W. ALIGNMENT CROSSINGS 5676.4 32909'10'r 96262' 5642.0 5618.1 P.I. 8 STA 57+30.66 5626.2 64+30 - Dralna 8123820T 29059' 5646.6 5648.4 P.I. 9 STA. 60+21.55 3630906'* 475.43' P.I. 10 STA. 64+97.98 55252'0614 72515' P.I. 11 STA. 66+23.13 55826'4914 721172' P.I. 12 STA. 67+49.85 26649078' 12.165' P.I. 13 STA. 68+73.71 S4426''1114 77192' P.I. 14 STA 70+47.63 56956$6'* 419.59' 60+22 5646.2 P.I. 15 STA. 74+67.52 5647.9 5187.31361- 29027' 5644.4 P.I. 17 STA. 79+35.51 322'60'/76 221555' 80+38 - Drain 5650.0 P.I. 18 STA. 61+58.16 5654.2 5666.2 5686.6 5691.0 90034.121-17.15.5' 00+99 P.I. 20 5695.7 P.I. 19 STA 85+31.71' SO/V7260'W 751.87' P.I. 20 STA 86+83.54 5775.3 57235141' 17.80' 944-00 P.I. 23 5849.3 P.I. 22 STA. 89+64.36 51.706461' 46461' 96+00 5834.3 5799.8 124+00 5751.4 P.I. 23 STA. 94+28.97 51421'241' 4110/' P.I. 24 STA. 68+63.98 50017235'w 326.70' P.I. 25 STA. 101+90.88 S5320'5816 279.15' P.I. 28 STA. 104+59.84 5741.4 S4775461' 41701' 98+64.36 102+07.06 P.I. 27 STA. 108+86.85 N7539711' 35047' 107+00 107+56 5707.4 107+00 - 0ralna 107+58 - Draina P.I. 28 STA 112+37.28 N6575'031' 364.66' 112+37 5690.5 5683.6 P.I. 29 STA. 116+01.94 N74,06001' 259.86' 116+02 5682.5 5672.7 5659.3 P.I. 30 STA 118+61.82 52120'09 12073' P.I. 31 STA 119+82.55 6183201'28't 25037' 118+94 119+83 5663.5 P.I. 32 STA 122+32.92 S1377'397' 17309' P.I. 33 STA. 123+46.01 SO8412514 744.76' PONhe (10' INV 5658.2 5655.3 118+94 - Calvert El. s.s (iawnj> 5® 5643.4 IIIIIIIIIIIIIIIIIIIIIIIIIII 1111111111111111111111111111 1111111111111111111111111111 IIEIIIIIIIIIIIII MAT. DETAIL PROFILE CONT. WIDTH 5643.4 1/16 Section Line R.O.W. ALIGNMENT Sec. 23 5643.5 N74'46'001' 25988' P.I. 30 STA. 118+61.82 5212'0'08 t 12(273' CROSSINGS 112+37 P4>elhe (9' Left) 117+00 Rand 118+82 Pbelhe (70' Left) 118+94 *11485 5646.0 P.I. 31 STA 119+82.55 5650.0 N8J2028E 25pJy P.I. 33 124+00 P.I. 32 STA 122+32.92 S7377'38E 11309' P.I. 33 STA 123+48.01 S0841281674478' 5658.8 Lazier 126+00 128+00 SW 1/4 SE 1/4 S89'34'W - 60.40 (C.L.0.) Section Line 589'42'49"W - 2645.84' (Mens) P.I. 34 1140.15' 5667.8 132+00 4ltness Corner. 2625 (7974 County Surveyor Cp) N00053914, - 75.92' (Mens.)` 1505.69' live Comer P.I. 34 STA. 130+90.77 509107116 2239' P.O.SL 131+1316 SO9'40'11'W 30887 131+13.18 5662.4 5656.9 137+72 - Culvert 23' 137+81- County Rood 319 fle5050 ]' 734.00 P.I. 35 STA. 134+20.03 5652.3 5197225"6 26371' Lazier PglNhe (9' (eS) 5669.7 5674.2 P.I. 36 STA. 136+83.74 51958'lOE 17048' 5677.6 NW 1/4 NE 1/4 P.I. 37 STA 138+54,22 52375'11.W 19428' P.I. 38 STA. 140+48.50 5687.2 525753216 496.29' 141+85 5689.4 5693.5 5693.7 145+79 - Rood FI ee 5009.5' 141+25.45 1/16 Section Line 145 P.I. 39 P.I. 40 P.I. 39 STA 145+44.79 S4475'0016 44061' 143+02 9 Rood 144+08 Porn- Pole (16' Right) 145+45 (15'' LA; 6A 1P5.R) 145+79 9 Road 146+45 Fence 146+29 Ppe'he 146+33 POWe' Pole (39' Right) 5704.9 5707.7 P.I. 41 STA. 150+94.28 5710.9 5714.0 S1811'771,/ 73501' Be'nzet Livestock SW 1/4 NE 1/4 P.I. 42 STA 158+29.29 5167524E 1624.13' 158+29 1/4 Section Line 5746.6 Be'nzel Livestock NW 1/4 SE 1/4 5749.0 5751.6 57®- 5761,0 1/16 Section Line SE 1/4- - 5774.0 P.I. 43 STA 174+53.42 S(V7137(' 111.46' P.I. 44 STA 175+64.91 5776.8 178+35 - f(' Road 0 - 5776.5' 5776.5 57971270.6 11379' PI. 45 STA. 176+7870 579V8'11E 10232' P.I. 46 STA 177+79.02 558'48'151 24588' P.I. 47 STA. 180+24.90 5827595T 11479' P(oNhe (7J' R/g11) 176+79 177+73 178+35 180+25 P.I. 48 STA. 181+39.69 5777.5 Benzel Livestock SW 7/4 SE 7/4 P.I. 49 STA 182+74.24 4959177'341 301.30' 183+24 9 Rata 5783.4 26 35 South 1/4 Comer: (1974 County :Surveyor Cap) P.I. 50 5TA 184+75.54 S78V0'041' 6547' P.I. 51 STA. 195+40.96 55524'44-E 15963' 185+76 7-49. (12' 9541) S3850'08'E - 2624.71' (Measured to the Northeast Comer of Section 35) 89'44'W - 79.70 (G.L.0.) Sec. 35 P.I. 52 STA 188+00.59 54528251 11386' Pipmhe (24' R541) MAT. DETAIL PROFILE CONT. WIDTH 5787.0 5789.2 ENVIRO. R.O.W. ALIGNMENT 166+00 S5524'441- 254763' CROSSINGS 185+41 F-,8 (12' Rlght) 5794.2 5796.7 P.I. 52 STA. 188+00,59 54525281 11.788' P.I. 53 STA. 189+14.47 5602.1 5808.9 192+75 - E Rood .546t7871- 31379' 189+14 194+43 - E` Rood 5929.4 P.I. 54 STA 192+28.26 839V01921- 710.91' P.I. 55 STA 193+39.17 5933.4 5839.7 54437'071= 207.62' 192+75 192+89 196+00 P.I. 56 STA 195+46.79 55856242' 767.17' 5852.3 199+51 - Rome P.I. 57 STA 197+13.90 5857.7 00+961 5870.2 00+001 57341'19T 12340' P850 798+3730 573'1'192' 11399' P.I. 58 STA 199+51.29 27424'411 21527' 197+14 198+37.30 199+51 203+21 - Ci Rood 5874.6 P.0.00 207+66.56 5879.1 201+66.56 Section Llre 203+21 € Ro28 204+77 P4>m'he (13' 048) 5885.2 5892.6 P.I. 59' 00+807 P.I. 60 P.I. 59 STA 203+20.85 56r37'12T 15594' P.I. 60 STA. 204+76.79 5900.3 5908.8 5916.7 5924.3 5930.9 5944.0 5950.3 S7106'571- 521.27' P.I. 61 P.I. 62 P.I. 63 P.I. 61 STA. 209+98.06 210+66 Pprh4 (14' 048) 50879'781 267.92' 5953.4 5947.7 5941.6 5936.3 5933.6 5930.9 P.I. 64 STA 214+09,93 5 734'7T 331.65' 6 5,. (20'048) P.I. 66 STA 218+2204 219+87 - Oinhoye =5919.4 59956571 28205' 5924.9 P.I. 67 STA 220+84.09 .58775'0161 21283' P.I. 68 STA 222+96.92 07638421 74451' P.I. 69 STA. 224+47.43 58358471 56678' 222+49 094Fiogo (P70' pd04h8)4 5920.7 5918.1 P.I. 70 STA. 230+07.61 3'7557471 74763' 231+55 pprh4 P.I. 72 STA 233+05.40 S7375'141' 409.95' 5917.5 5924.1 P.I. 73 STA 237+75.35 52867'351 17328' 5929.5 P.I. 74 2%00 P.I. 74 STA 238+88.63 .32934'39T 65217' 238+89 5935.7 5938.0 5945.3 P.I. 75 STA. 245+40.80 53148 56 1 377.73' 5950.6 5952.2 P.I. 76 STA 249+17.93 57774751 17300' 250+03 P06h4 5955.6 P.I. 78 STA 251+69.65 5958.2 5958.4 5960.8 525,42'52'E 565.90' 251+64 Ppsrhe P.I. 79 STA 257+35.55 257+59 834727865' 62714' MAT. DETAIL PROFILE CONT. WIDTH R.O.W. ALIGNMENT CROSSINGS P.I. 76 STA 251*69.65 5966.1 5971.2 5974.6 5971.6 5973.8 257+59 — Rood 9 -WIZ 5978.6 5980.9 5982.9 5988.6 5990.3 5993.1 5994.1 5997.3 5998.7 5999.3 6000.6 6008.0 6010.4 6029.0 6032.6 6039.2 6041.0 6043.9 9160 291+68 — Pyelhe 60127' 292+51 — Pfoelhe - 6042, 293+88 — Drainage 6055.3 6058.5 289+38 — /t' Rood =666].1 299 97.23 End StotIoe • • Part I Project Description EnCana Oil & Gas (USA), Inc. (EnCana) proposes to construct an 8" water pipeline and related facilities (including valves and electric driven pumping equipment). The proposed project will allow EnCana to develop and gather natural gas produced from the Grass Mesa and Hunter Mesa Federal Units and deliver to multiple markets and provide for the sale of developed federal minerals. This action will allow adjacent federal mineral acres to become economic, offer opportunities for National energy self - dependency, and allow operator income. The proposed pipeline will deliver fresh water from the Last Chance Ditch to the Hunter Mesa Water Treatment Facility. This water will be used, along with water processed at the Hunter Mesa facility, for continued well drilling and completion work. The volume of water transported will be approximately 504,000 gallons/day (350 gallons per minute, 12,000 barrels per day, 1.547 acre-feet per day). The proposed pipeline will begin at the proposed pump station located at the Last Chance Irrigation Ditch at 700 Buckhorn Drive in Rifle, CO. in the S W/4, SW/4 of Section 14, Township 6 South, Range 93 West. The EnCana River Water Pump Station will consist of an electric -motor driven vertical turbine pump within a small building (approximately 20' X 20') located on private land. The proposed pipeline route is shown in Part III of this document. A pump building is planned for the proposed River Water Pump Station and will be designed to enclose the water pump and associated electrical controls. The pump building will protect the control systems from weather and corrosion as well as providing sound damping for the water pump. The building is a static structure and integral part of the finished pipeline. As such, it will have the same general characteristics as other permanent structures associated with the proposed pipeline, in terms of use and hours of operation. The pump building itself will generate no noise or dust and will have minimal visual impact. An application for a building permit for the pump building will be submitted to the Garfield County Building and Planning Department once the building design is complete. The proposed 8" pipeline is approximately 31,024' in total length; approximately 9,812' is located on federal land, none on state land, and approximately 21,212' on private land. The proposed pipeline will be constructed with of 8", 0.219 -inch wall thickness, Grade X-42 steel pipe with a maximum allowable operating pressure of 740 psig. A 70 -foot wide corridor is proposed for construction purposes. Upon completion of the project, a permanent 50 -foot wide right-of-way, containing approximately 12.3 federal acres, has been requested for operational and maintenance purposes. As of the time of submittal of this application, verbal surface use agreements with the appropriate private property owners have been made. The written agreements are pending and copies of these agreements will be delivered to Garfield County upon receipt. • • A flagged survey has been established along the proposed route. The surveyed route is the shortest, most direct route and will thereby minimize damage to federal lands. The pipeline will run from the Last Chance Ditch at 700 Buckhorn Drive in Rifle generally east toward the Garfield County Airport, then turning south through Section 23 generally parallel to West Mamm Creek Road (Garfield County Road 319). The pipeline route leaves West Mamm Creek Road in the NW/4 SE/4 of Section 26 and follows an existing field road into Section 36, and then parallels existing pipelines and roads to EnCana's Hunter Mesa Water Treatment Plant in the SE/4 NE/4 of Section 1, Township 7South, Range 93 West, Garfield County, Colorado. A minimum distance of 25' from the centerline of existing foreign pipelines and 10' from EnCana pipelines will be maintained at all times. All sections of the proposed pipeline will be buried at least 5' below grade, except at road crossings where the depth will be increased to 6'. EnCana shall comply with all applicable federal, state and local laws and regulations as they relate to public health, safety and environmental protection in the construction, operation, and maintenance of this facility. No toxic substances will be stored or used on the right-of-way. All safety measures have been considered in the design, construction, operation and maintenance of the facility. EnCana will have inspectors present during construction. All associated road and utility permits will be secured from the appropriate regulatory agency prior to construction. The necessary permits to be submitted for the proposed pipeline include: - Army Corps of Engineers — permit to cross the drainages along the proposed ROW Garfield County Engineer's Office — permit to cross County Road 319 BLM 299 Form. See Application in Part VIII. United States Army Corps of Engineers Nationwide Permit 12 Section 404 Application. See Application in Part IX. During the construction phase of the proposed project, the top 6 inches of topsoil in a portion of the right-of-way will be removed, conserved during excavation, and reused as cover on disturbed areas to facilitate regrowth of vegetation. Trenching will be performed with a trencher. Sideboom tractors will be used to place the pipeline in the trench after the pipe has been welded and coated. After the pipeline is in place, the trench will be backfilled using an angle dozer or auger. If rocks are present, the pipe will be padded and shaded with a bucket shaker or an "Ozzie Padder", there are to be no berms. No foreign rock to the surface will remain exposed. • • Part II Impact Statement The proposed pipeline has been planned and designed for a number of beneficial reasons. The proposed pipeline will transport water in a safe and innocuous manner in comparison to other methods of water hauling. The proposed pipeline will shorten truck trips and lessen the need for truck travel to the Hunter Mesa facility. The operation of the proposed pipeline will not differ significantly from the surrounding oil and gas exploration and production related land uses. The pipeline will be in continuous use and operation 24 -hours per day during the irrigation season, approximately March until November, each year. The line would be drained for freeze protection during winter months. Maintenance and operation activities will occur as needed, however, the majority of activity associated with the proposed pipeline will occur during normal business hours. During pipeline and facility construction, all equipment and vehicular access into the pipeline project will be confined to approved existing roads and the established right-of- way corridor. No major reconstruction or rerouting of these roads is intended. All working areas will be confined to the requested right-of-way. During typical usage the proposed pipeline and associate facilities are expected to require a minimal amount of vehicle trips for operation and maintenance purposes. Vehicles will operate primarily during daylight hours and will travel on existing private and public roads that already provide access in the West Mamm Creek area. Therefore the new facility is not expected to require specific improvements to the existing roads. A cultural resource inventory for the proposed route has been completed. The report has been submitted to the Bureau of Land Management, Glenwood Springs Field Office in Glenwood Springs, Colorado. If any cultural remains, monument sites, objects or antiquities subject to the Antiques Act of June 8, 1906, or Archaeological Resources Protection Act of 1979, are discovered, the activities shall cease immediately and the responsible authorized officer shall be notified. If any fossils are discovered during construction, the operator shall cease construction immediately and notify the authorized BLM officer so as to determine the significance of the discovery. The proposed pipeline and associated facilities will not affect area air quality as none of the permanent structures will emit air pollutants. A federal or state emission permit will not be required for this proposed project. The aboveground structures related to the proposed pipeline shall be painted to blend with the surrounding landscape. Visual quality objectives for the land management unit shall not be adversely impacted. The proposed pipeline crosses numerous ephemeral drainages; however, surface or C/c.)47v‘.° ground water quality and quantity should not be affected. The facility design will preclude any pollution to enter surface run-off. There will be no sewage or solid waste generated by the proposed pipeline or associated facilities. b/(Y° The pipeline will be hydro-tested prior to being placed in service. Prior to any discharge, hydrostatic testing water will be tested and processed, if necessary, to ensure that the a water meets local, state or federal water quality standards. Prior to discharge of hydrostatic testing water from the pipeline, EnCana will design and install a suitable energy dissipater at the outlets, and design and install suitable channel protection structures necessary to ensure that there will be no erosion or scouring of natural channels within the affected watershed as a result of such discharge. Sandbags, rock, or other materials or objects installed shall be removed from the site upon completion of hydrostatic testing. Noise from the construction activities will create a temporary disruption of ambient conditions; however, any disruption should be of relatively short duration. The proposed water pump station is expected to emanate low-level noise and possibly minimal amounts of vibration. The planned pump building will aid in mitigating this noise and vibration. The sound level of noise emanating from the facility will not exceed the 75 decibel maximum set forth in Colorado Revised Statute 25-12-103. As the planned pump station location is in an industrial/commercial area remote, noise will not be a nuisance to area residents. The vibration, if any, should be localized to a small area immediately surrounding the pump. If, in the unlikely event, nuisance noise, vibration, or odors are emanated by the facility, additional measures will be taken to control them. The construction of the proposed facility will not have any significant visual impact on the surrounding environment. Any actual construction impacts will be temporary. The visual impact of the completed pipeline and facilities to the area will be negligible due to the minimal amount of surface equipment associated with the facilities. Landscaping information is provided in Part VII. The facilities and structures associated with the proposed pipeline will be protected by fencing or other means to limit access to authorized operation personnel only. Signage for the proposed pipeline and facilities will include the company name and address as well as a 24-hour toll-free emergency phone number. The proposed pipeline and associated facilities will occupy approximately 50 acres overall. According to wildlife distribution maps from the Colorado Department of Wildlife, a portion of the pipeline is located within summer rangeland for mule deer and elk and is within migration corridors for these animals. The characteristics of the proposed buried pipeline will not block wildlife migration routes. Electrical power will be installed at the water pumping station to power the pumping equipment. No other public utilities will be needed for the pipeline or associated facilities. • • The expected life of the EnCana River Water Pipeline is 30 years. Reclamation of the facility is outlined in Part VII of this document. • • Part III Route Summary, Facility Maps & Diagrams Route Summary SECTION TOWNSHIP RANGE FEET 15 6S 93W 1,030 14 6S 93W 705 23 6S 93W 12,412 26 6S 93W 6,730 35 6S 93W 325 36 6S 93W 8,115 1 7S 93W 1,707 TOTAL 31,024 • • Part IV List of Adjoining Property Owners Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO 81602 Airport Land Partners, LTD. 312 AABC Suite A Aspen, CO 81611-2568 Benzel Livestock Company 980 East Saddlehorn Drive Sedona, AZ 86351 Cedar Spring Ranch, LLC 702 North Traver Trail Glenwood Springs, CO 81601 K.R.K. LTD 7010 West Oregon Drive Lakewood, CO 80232-6948 Dalbo, Inc. P.O. Box 1062 Rifle, CO 81650 B.J.M. LTD 20 South 35th Street Boulder, CO 80303-5525 Silver Spoon, LLC. P.O. Box 982 Glenwood Springs, CO 81602 Mr. David Beecraft 185 Remington Street Rifle, CO 81650 AAPK Leasing, LLC 2335 East 7th Street Rifle, CO 81650 Mr.Barry Coleman 46093 Highway 6&24 Glenwood Springs, CO 81601 Mr. Robert T. Lazier P.O. Box 1325 Vail, CO 81658-1325 • • Part VI Soil Features The United States Department of Agriculture Soil Conservation Service Soil Survey of Rifle Area, Colorado provides the following information about the soils and environment in the area of the facility: 45-Morval-Tridell complex, 6 to 25 percent slopes. These moderately sloping to hilly soils are on alluvial fans and sides of mesas. Elevation ranges from 6,500 to 8,000 feet. The soils formed in reworked alluvium derived from basalt and sandstone. The average annual precipitation is about 15 inches, the average annual air temperature is about 44 degrees F, and the average frost -free period is about 100 days. The Morval soil makes up about 55 percent of the unit, and the Tridell soil makes up about 30 percent. The Morval soil is on the less sloping parts of the landscape, and the Tridell soil is on the sides of mesas. The Morval soil is deep and well drained. Typically, the surface layer is brown loam about 5 inches thick. The upper part of the subsoil is brown and light brown clay loam and stony clay loam about 12 inches thick, and the lower part is light brown stony clay loam about 10 inches thick. The substratum is pink stony loam. Permeability of the Morval soil is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches. Surface runoff is medium, and the erosion hazard is moderate. The Tridell soil is deep and well drained. Typically, the surface layer is brown stony loam 10 inches thick. The upper part of the underlying material is brown very stony loam 11 inches thick, and the lower part is pinkish white very stony loam to a depth of 60 inches. Permeability of the Tridell soil is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Surface runoff is medium, and the erosion hazard is moderate. Included with these soils in mapping are small areas of Villa Grove and Zoltay soils on the steeper parts of the landscape. These areas make up about 15 percent of the map unit. These soils are used mainly for grazing. The native vegetation on the Morval soil is mainly needleandthread, wheatgrass, and sagebrush. The native vegetation on the Tridell soil is mainly pinyon, Utah juniper, and some Rocky Mountain juniper and an understory mostly of wheatgrass, Indian ricegrass, needleandthread, junegrass, serviceberry, bitterbrush, mountainmahogany, and big sagebrush. • • When range condition deteriorates, forbs and shrubs increase. Properly managing grazing maintains and improves range condition. Seeding improves range in poor condition on gently sloping Morval soils. Bluebunch wheatgrass, western wheatgrass, and needleandthread are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Reducing brush improves range that is producing more shrubs than are normally found in the potential plant community. Properly managing the vegetation on the Tridell soil maintains wood production and grazing. Selectively thinning pinyon and juniper improves grazing and provides firewood, posts, and Christmas trees. The Tridell soil is suited to production of pinyon and Utah juniper. It can produce 8 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. Special care is needed to prevent erosion during harvest. The low avail- able water capacity affects survival of seedlings. Mule deer, wild turkey, and squirrel find habitat on these soils. Community development is limited by large stones. Cut slopes are difficult to revegetate because of the stones and because of the shrink -swell potential and frost action of the Morval soil. This complex is in capability subclass VIe, nonirrigated. 3 -Arvada loam, 1 to 6 percent slopes. 4 -Arvada loam, 6 to 20 percent slopes. This deep, well drained, sloping soil is on fans and high terraces. Elevation ranges from 5,100 to 6,200 feet. This soil formed in highly saline alluvium derived from sandstone and shale. The average annual precipitation is about 12 inches, average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is moderately alkaline, pale brown loam about 3 inches thick. The subsoil is brown silty clay loam about 14 inches thick. The substratum is light brown or brown silty clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Limon, Kim, and Heldt soils. Permeability is very slow, and available water capacity is high. Effective rooting depth is 60 inches or more. Organic matter content of the surface layer is low. Surface runoff is moderately rapid, and the erosion hazard is severe. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation on this soil is mainly sagebrush, greasewood, and wheatgrass. • • When range condition deteriorates, grasses decrease and weedy forbs, cheatgrass, big sagebrush, and greasewood increase. Properly managing grazing maintains and improves range condition. Seeding improves range in poor condition. Western wheatgrass and tall wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Irrigating new seedings is necessary for successful establishment. Brush should not be reduced because grass production is low and some desirable native shrubs could be destroyed. Cottontail and pheasants find shelter on this soil if they can obtain food in surrounding areas. Use of this soil for sanitary facilities and as a source of construction material is limited by the large amounts of clay and salts. This soil is corrosive to steel and concrete. High shrink -swell potential, salinity, and steep slopes limit community development. This soil is in capability subclass VIIs, nonirrigated. 67-Torriorthents-Rock outcrop complex, steep. This broadly defined unit consists of exposed sandstone and shale bedrock and stony soils that are shallow to moderately deep over sandstone and shale and stony basaltic alluvium. Areas of this complex occur throughout the survey area. The soils and outcrops are moderately steep to very steep. Slope ranges from 15 to 70 percent. Torriorthents make up about 60 percent of this complex, and Rock outcrop makes up 25 percent. The Torriorthents are on foothills and mountainsides below the Rock outcrop. Torriorthents are generally clayey to loamy and contain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher -lying Rock outcrop. South of the Colorado River, stones and cobbles of basalt are on the surface. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basaltic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. Included in mapping are small isolated areas of Ildefonso, Lazear, Ansari, Gaynor, Tridell, and Nihill soils. These intermittent areas make up 10 to 15 percent of this map unit. This complex is used for limited grazing, wildlife habitat, and recreation. Because of the stones on the surface, the Rock outcrop, and the steep slope, this complex is unsuited to crops. • • The native vegetation includes wheatgrass, bluegrass, Indian ricegrass, needlegrass, bitterbrush, sagebrush, mountain mahogany and an overstory of pinyon and juniper. The vegetation should be managed to maintain wood production and limited grazing. Selectively thinning the pinyon and juniper improves grazing and provides firewood and posts. Steep slopes, moderate to severe erosion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Community development is limited by the Rock outcrop, steep slopes, and stoniness. These limitations can be overcome by appropriate design and construction. This complex is in capability subclass VIIe, nonirrigated. 34-Ildefonso stony loam, 25 to 45 percent slopes. This deep, well drained, hilly to steep soil is on mesa breaks, sides of valleys, and alluvial fans. A small portion of this unit is on very steep to extremely steep mesa escarpments. Elevation ranges from 5,000 to 6,500 feet. This soil formed in mixed alluvium derived primarily from basalt. This soil has a thin intermittent cap of reddish eolian material. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 125 days. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, very strongly calcareous very stony loam to a depth of 60 inches. Included with this soil in mapping are small areas of Potts and Ascalon soils on less steep and depressional positions. These areas make up about 5 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is more than 60 inches. Surface runoff is medium, and the erosion hazard is severe. Ildefonso soil is used mainly for grazing and wildlife habitat. The native vegetation on this soil is mainly pinyon and Utah juniper. The understory consists of Indian ricegrass, wheatgrass, junegrass, serviceberry, bitterbrush, and big sagebrush. When the understory vegetation deteriorates, grasses almost disappear and forbs and shrubs increase. Properly managing the vegetation maintains wood • • production and ground cover. The value for grazing is low because of steep slopes and tree cover. Firewood, posts, and Christmas trees can be harvested on the more gently sloping areas. This soil is suited to production of pinyon and Utah juniper. It can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. The low available water capacity affects survival of tree seedlings. Steep slopes and severe erosion hazard affect harvesting. Mule deer, chukar, wild turkey, gray squirrel, and cot- tontail rabbit find habitat on this soil. Community development is limited by large stones and steep slopes. Structures to divert runoff are needed for roads. This soil is in capability subclass VIIe, nonirrigated. 50 -Olney loam, 3 to 6 percent slopes. 51 -Olney loam, 6 to 12 percent slopes. This deep well drained, moderately sloping to rolling soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from sandstone and shale. The average annual precipitation is about 14 inches. the average annual air temperature is about 48 degrees F, and the frost -free period is about 125 days. Typically, the surface layer is grayish brown loan about 12 inches thick. The subsoil is grayish brown am light gray sandy clay loam about 21 inches thick. The substratum is light gray gravelly sandy clay loam am very gravelly sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Heldt, Potts, and Kim soils that have slopes of 6 to 12 percent. These areas make up 5 to 15 percent of the map unit. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for irrigated hay, fruits, and grazing. Grass -legume mixtures and apples, peaches, and apricots are grown. This soil is irrigated by furrows and flooding. Sprinklers are also suitable. Drop structures in irrigation ditches help to control water and prevent excessive ditch erosion. Keeping a grass or legume cover on this soil at least three-fourths of the time controls erosion. • • The native vegetation on this soil is mainly wheat- grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesirable weeds and annual plants are numerous. Properly managing grazing maintains and improves range condition. Reducing brush improves the range. Seeding improves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, squirrel, pheasant, and some mule deer find habitat on this soil. Community development and recreation are limited by steep slopes and low strength. This soil is in capability subclass IVe, irrigated and nonirrigated. 55 -Potts loam, 3 to 6 percent slopes. This deep, well drained, moderately sloping soil is on mesas, benches, and sides of valleys. Elevation ranges from 5,000 to 7,000 feet. This soil formed in alluvium derived from sandstone, shale, or basalt. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam about 24 inches thick. The substratum is pinkish white loam to a depth of 60 inches. Included with this soil in mapping are small areas of Olney, Kim, and Ildefonso soils that have slopes of 3 to 6 percent. These areas make up 1 0 to 15 percent of the map unit. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moderate. This soil is used mainly for irrigated crops and hay and for dryland farming (fig. 10). Alfalfa, small grains, and grass -legume hay are grown. Small areas are used for grazing. These soils are usually irrigated by flooding. Drop structures in irrigation ditches, grassed waterways, and minimum tillage prevent serious erosion. Irrigation water should be carefully managed to avoid piping and erosion. Cover crops or stubble mulching also help to limit erosion in dryfarmed areas. • • The native vegetation on this soil is mainly wheatgrass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesirable weeds and annual plants are numerous. Properly managing grazing maintains and improves range condition. Reducing brush improves the range. Seeding improves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Pheasant, mourning dove, cottontail rabbit, some mule deer, and squirrel find habitat on this soil. Community development and recreation are limited by low strength and the shrink -swell potential. Dwellings and roads can be designed to overcome these limitations. Community sewage systems will be needed if the population density increases. This soil is in capability subclasses IIIe, irrigated, and IVe, nonirrigated. 58-Potts-lldefonso complex, 12 to 25 percent slopes. These strongly sloping to hilly soils are on mesas, alluvial fans, and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The Potts soil formed in alluvium derived from sandstone, shale, or basalt. The Ildefonso soil formed in very strongly calcareous, basaltic alluvium and small amounts of eolian material. The aver- age annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. The Potts soil makes up about 60 percent of this unit, and the Ildefonso soil makes up about 30 percent. The Potts soil is in slightly concave positions, and the Ildefonso soil is on the breaks of steeper slopes. The Potts soil is deep and well drained. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam about 24 inches thick. The substratum is pinkish white loam to a depth of 60 inches. Permeability of the Potts soil is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is moderate. The Ildefonso soil is deep and well drained. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, calcareous very stony loam to a depth of 60 inches. Permeability of the Ildefonso soil is moderately rapid, and available water capacity is low. Effective rooting depth is about 60 inches. Surface runoff is i • medium, and the erosion hazard is moderate. Included with this soil in mapping are small areas of Morval and Lazear soils. The Morval soils are at the higher elevations. The Lazear soils are shallow and are on ridge crests and steep mountainsides. These areas snake up 10 to 18 percent of the map unit. These soils are used mainly for limited grazing and wildlife habitat. The native vegetation on the Potts soil is mainly wheatgrass, needleandthread, and sagebrush. The native vegetation on the Ildefonso soil is mainly pinyon and Utah juniper and an understory of Indian ricegrass, wheatgrass, junegrass, serviceberry, bitterbrush, and sagebrush. When the understory vegetation deteriorates, grasses almost disappear and forbs and shrubs increase. Properly managing grazing maintains and improves range con- dition on both soils. Seeding improves range in poor condition in less sloping areas of the Potts soil. Blue- bunch wheatgrass, western wheatgrass, and needleandthread are suitable for seeding. Preparing the seedbed and drilling the seed are good practices. Controlling brush on the Potts soil improves range that is producing more shrubs than are normally found in the potential plant community. Properly managing the understory vegetation on the Ildefonso soil maintains wood production and grazing. Selectively thinning pinyon and juniper improves grazing and provides firewood, posts, and Christmas trees. The Ildefonso soil is suited to production of pinyon and Utah juniper. It can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. The low available water capacity affects survival of tree seedlings. Mule deer, wild turkey, chukar, gray squirrel, cottontail rabbit, and some pheasant find habitat on these soils. The steep slopes limit community development. Structures are needed to divert runoff to minimize gullying and erosion. This complex is in capability subclass VIe, nonirrigated. • • Part V Fire Control Measures General • All facility or operations personnel are instructed as to: Be aware of local area fire danger for each day Location of fire control equipment Proper operation of fire control equipment Emergency procedures and how to call for additional resources Welding & Hot Work Operations • A minimum of one person is dedicated to act as a fire watch during welding or hot work operations with a fire extinguisher at hand. • Welding shields are used during grinding operations to prevent sparks from leaving work areas and igniting vegetation. • Water trucks are used to wet down ground and nearby vegetation, as conditions dictate. • At the close of each day, personnel inspect the area of welding or hot work activities for any smoldering debris and any conditions conducive to fires. Communications • EnCana or Contractor vehicles are typically equipped with cellular communications on board. In the event of a fire • In the event of a fire, all personnel and appropriate equipment on site will be committed to fire containment and control. • The BLM and appropriate fire authorities will be notified immediately. • Direction of fire control efforts will be transferred to appropriate fire fighting agency personnel upon their arrival on site • • Part VII Landscaping and Reclamation Plans Landscaping/Post Construction Activities A. Disturbed areas. All disturbed areas will be final graded to as close as possible to its original condition. B. Erosion. Erosion control structures such as water bars or "kicker dikes" will be constructed. Water bars will be placed approximately every 25' on steep slopes to prevent erosion over the right-of-way. Steep slope breaks will also be made impassable to vehicular traffic by using deep waterbars, leaving them rough. C. Weed Control. EnCana shall be responsible for weed control on disturbed areas within the limits of the right-of-way. EnCana will be responsible for consultation with the authorized officer and/or local authorities for acceptable weed control methods (within limits imposed in the grant stipulation). D. Drainages. The banks of drainage crossings will be returned and stabilized to their original slope to avoid ramping and opening them to livestock and vehicle traffic. E. Visuals. Where applicable, the upper rim rock will be replaced to discourage traffic and mitigate visual scarring. F. Painting. All aboveground facilities will be painted with the Carlsbad Canyon 2.5 Y 6/2 color or similar color to blend in with the surrounding area. G. Seeding. EnCana will seed all disturbed areas along the pipeline corridor with the recommended seed mixtures as provided by the BLM, and summarized in the following table: • • Seed Mixes to be Used in Reclamation of EnCana Pipeline Routes. Drill Seeding Site Type Species Variety Rate' Upland Sites Total Saline Lowlands Total Other Lowlands Western wheatgrass Rosanna 6.0 Thickspike wheatgrass Critana 6.0 Indian ricegrass Nezpar 3.0 Shadscale saltbush2 3.0 Globemallow3 0.5 Western wheatgrass Bottlebrush squirreltail Gardner's saltbush Indian ricegrass Alkali sacaton Nebraska sedge Tufted hairgrass Alkali grass Rosanna 18.5 6.0 3.0 2.0 4.0 15.0 3.0 1.0 2.0 4.0 Total 10.0 Source: BLM (1997a). 1 • Drill seeding rate = lbs/acre pure live seed (PLS). 2 Substitution for shadscale saltbush: Gardner's saltbush. 3 Substitution for globemallow: western yarrow or blue flax. Seed shall be planted using a drill equipped with a depth regulator to ensure proper depth of planting where drilling is possible. The seed mixture shall be evenly and uniformly planted over the disturbed area. Where drilling is not possible, seed shall be broadcast and the area shall be raked or chained to cover the seed. When broadcasting the seed, the pounds per acre will be doubled. Steep slopes will not be drill seeded so to avoid establishing rills. The seeding will be repeated until a satisfactory stand is established as determined by the authorized officer. Evaluation of growth will not be made before completion of the first growing season after seeding. The authorized officer will be notified a minimum of 5 days prior to the seeding of the project. Seeding will occur during spring or late fall seasons when ground frost is not present. • Reclamation The expected life of the EnCana River Water Pipeline is 30 years. Reclamation will consist of the following: Removal of all surface equipment and appurtenances. Restoration and re -contouring of grade to approximate original conditions. Replacement of stockpiled topsoil. Compliance with all prevailing Colorado Oil and Gas Conservation Commission and Garfield County regulations governing final reclamation. Prior to termination of the right-of-way, EnCana shall contact the authorized Federal officer to arrange a pre -termination conference. This conference will be held to review the termination provision of the grant. • • ATTACHMENT D ENCANA'S STORM WATER MANAGEMENT PLAN AND CONSTRUCTION BEST MANAGEMENT PRACTICES SWCA ENVIRONMENTAL CONSULTANTS March 31, 2004 Salt Lake City Office 230 South 500 East, Suite 380 Salt Lake City, Utah 84102-2015 Tel 801.322.4307 Fax 801.322.4308 www.swca.com Attn: Mark Gilfillan US Army Corps of Engineers Colorado/Gunnison Basin Office Wayne N. Aspinall Federal Building 402 Rood Ave., Room 142 Grand Junction, CO 81501 • 7cner .(2 /)( v s{1 v," K RE: EnCana's proposed River Water Pipeline Project on Hunter Mesa near Rifle, Colorado. Dear Mark Gilfillan: This letter presents the results of SWCA Environmental Consultants' (SWCA's) delineation of waters of the US for EnCana's River Water Pipeline (RWPL), and requests project approval under the US Army Corps of Engineers' Nationwide Permit (NWP) 12. A legal and physical description of the RWPL Project appears on the permit application form (Form ENG 4345). PROJECT DESCRIPTION EnCana proposes to build an 8.625 -in., outer -diameter, water pipeline between the Last Chance Ditch and its Hunter Mesa water treatment facility under NWP 12. EnCana has existing water rights, and the water will be removed from the Last Chance Ditch (Attachment B). The RWPL would cross Dry Creek (a large ephemeral wash) in the NW 1/ of the NE 1/4 Sec. 26, T6S, R93W (see Attachment B). This intermittent stream would be directionally bored so as not to alter any of the channel characteristics (see typical cross section, Attachment C). A final directional bore plan will be submitted to the Army Corps of Engineers' Grand Junction Office when the design is finalized. The two other ephemeral washes delineated in Attachment B would be crossed by open -cut trench. The water pipeline would be buried to a depth of 48 inches, with pre -construction contours restored and the ROW reseeded with a native seed mixture. Ephemeral wash crossings would be rip -rapped, if necessary, to ensure that scour would not occur, resulting in the exposure of the buried water pipeline. Refer to Attachment D for a list of additional erosion control measures and construction best management practices described under EnCana's storm water management plan. No discharge of dredged or fill materials would occur under this project. WATERS OF THE US SURVEYS One ephemeral wash, Dry Creek, and two unnamed ephemeral washes were observed during the waters of the US surveys. The locations of these washes appear in Attachment B. • • The Dry Creek channel is approximately 6 feet wide (bank to bank) at the proposed RWPL crossing. Based on the Rifle USGS 7.5 -minute quadrangle map, Dry Creek is connected to the Colorado River. However, given the amount of upland vegetation found in the bottom of the wash (Photos 1 and 2), it does not appear that the Dry Creek produces enough flow to reach the Colorado River. As stated above, this stream will be crossed by directional bore, and the channel will not be affected. The two ephemeral washes delineated in Attachment B were less than 3 feet wide from bank to bank and contained upland vegetation in and along the channel edges. Based on their coarse- textured, vegetated bottoms, these washes do not likely produce enough flow to reach the Colorado River. These two washes will be crossed using an open -cut trench. Other washes delineated on the Rifle USGS 7.5 -minute quadrangle map did not a have defined bed and banks, and displayed upland vegetation in their bottoms. Therefore, they were not included in this survey report. Upland vegetation in the wash bottoms included big sagebrush (Artemisia tridentata) and rabbitbrush (Chrysothamnus nauseosus). The pump station location is located along the Last Chance Ditch (Attachment B; Photo 3). Waters of the US will not be affected at this site. Photo 1. Dry Creek ephemeral wash, view to the southeast. • • Photo 1. Dry Creek ephemeral wash, view to the northwest. Photo 3. Pump station location on the Last Chance Ditch. • • SUMMARY Based on our field surveys and the avoidance measures built into the RWPL Project design, no fill would occur in waters of the US under this project. Additionally, based on the channel characteristics observed during the field surveys, flow in these ephemeral washes is negligible and would not reach the Colorado River during most years. EnCana requests approval of its RWPL Project 404 Permit application under NWP 12. Thank you for reviewing our application. If you have any questions, or require additional data, please contact me at your earliest convenience. Regards, dames McMillan Authorized Agent SWCA Environmental Consultants Attachments: Form ENG 4345 (404 Permit Application) and Attachments A-E APPLICATION FOR DEPARTMENT OF ARMY PERMIT (33 CFR 325) OMB APPROVAL NO. 0710-003 Expires December 31, 2004 The Public burden for this collection of information is estimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403;Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research and Sanctuaries Act, 33 USC 1413. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED 5. APPLICANTS NAME EnCana Oil & Gas (USA), Inc. (ITEMS BELOW TO BE FILLED BY APPLICANT) 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required) James McMillan, Wetland Specialist 6. APPLICANTS ADDRESS Attn: David Grisso, Operations Superintendent 792 Buckhorn Drive Rifle, CO 81650 9. AGENTS ADDRESS SWCA Environmental Consultants 230 South 500 East, Ste. 380 Salt Lake City, UT 84102-2015 7. APPLICANT'S PHONE NOs. W/AREA CODE 10. AGENTS PHONE NOs. W/AREA CODE a. Residence a. Residence b. Business 970-625-4209 b. Business 801-322-4307 11. STATEMENT OF AUTHORIZATION I hereby authorize, J.amPS Mc►"lillan, Wetland cperialist, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANTS SIGNATURE DATE o NAME, CATION, AND DES 12. PROJECT NAME OR TITLE (see instructions) River Water Pipeline Project IPTION OR PROJECT OR ACTIVITY 13. NAME OF WATERBODY, IF KNOWN (if applicable) Dry Creek (ephemeral wash) plus two (2) other ephemeral washes 15. LOCATION OF PROJECT COIINTY Garfield STGTF Colnrad0 14. PROJECT STREET ADDRESS (if applicable) 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Section, Township, Range, LaVLon, and/or Accessors's Parcel Number, for example. Secs. 14, 15, 23, 26, 35, and 36, T6S, R93W and also in Sec. 1, T7S, R93W - Denver Base and Meridian (Refer to Attachments A and B, the Project Locator Map and River Water Pipeline Alignment Map, respectively) 17. DIRECTIONS TO THE SITE (From Grand Junction) Take I-70 east to Exit 90 and head S for about 0.05 miles. Head E on Airport Rd. (County Rd. 346). Take County Rd. 319 E -SE 0.80 miles to the junction of CR 319 and CR 333. Stay on CR 319 heading S for 1.25 miles. This is the location of the Dry Creek Crossing. Centerline staking should be evident to the north and south. ENG FORM 4345 (Microsoft Word formatted document) CESPK-CO-R 1 8. Nature of Activity (Description of project, all features) EnCana proposes to build an . 25 -in., outer -diameter, water pipeline between the Last Chance Ditch and it Hunter Mesa water treatment facility under Nationwide Permit 12. EnCana has existing water rights, and the water will be removed from the Last Chance Ditch (approximately 0.25 miles south of the Airport Road - SW 1/a of the SW 1/4 Sec. 14, T6S, R93W). The Project would cross Dry Creek (a Targe ephemeral wash) in the NW 1/4 o1 the NE 1/4 Sec. 26, T6S, R93W (see Attachment B). This intermittent stream would be directionally bored so as not to alter any of the channel characteristics (see typical x -section, Attachment C). Ephemeral washes would be crossed by open -cut trench. The water pipeline would be buried to a depth of 48 inches, with pre - construction contours restored and the ROW reseeded with a native seed mixture. Ephemeral wash crossings would be rip -rapped, if necessary, to ensure that scour would not occur, resulting in the exposure of the buried water pipeline. Refer to Attachment D for a list of additional erosion control measures and construction best management practices described under EnCana's storm water management plan. No discharge of fill wou/d occur in Waters of the U.S. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) To provide a fresh water supply for the continued development of the federal oil and gas unit on Hunter Mesa, southeast of Rifle, Colorado. USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge No discharge would occur in Waters of the U.S. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards N/A 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) N/A 23. Is Any Portion of the Work Already Complete? Yes The Hunter Mesa Facility is an existing water pumping or ground water injection 24. Addresses of Adjoining Property Owners, Lessees, Refer to Attachment E, Landowner List. X No _ IF YES, DESCRIBE THE COMPLETED WORK permitted facility located within the federal unit. There is no ground related to this project. Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). 25. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL IDENTIFICATION NUMBER Bureau of Land Management CO Dept. of Public Health Application for Transportation And Utility Systems And Facilities on Federal Lands Final Permit, CDPS — Stormwater In Preparation COR -034840, Garfield Co. DATE APPLIED DATE APPROVED In Preparation 07/01/2002 In Preparation 01/15/2003 Would include but is not restricted to zoning, building, and flood plain permits 26. To the best of my knowledge the proposed activity described in my permit application complies with and will consistent with the Louisiana Coastal Management Program. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that complete and accurate. I further certify that I possess the authority to undertake the work described herein or am of the applicant. oyo67/y SIGNATURE OF APPLICANT DATE DATE DENIED In Preparation N/A be conducted in a manner that is the information in this application is acting as the duly authorized agent SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345 (Microsoft Word formatted document) CESPK-CO-R • • I 160 ,3 k8/ley Project Area Colorado (J r'Th .�i 117 �4t�-c, Ma tt Attachment A. Proposed River Water Pipeline Project Location Map. Project Area 0 0.5 1 2 Miles Printed: 4:41 pm 03/15/2004 File: F:\7157-010\Maps\Field\proj_loc.mxd N SWCA • • "EXHIBIT A" CONSTRUCTION, OPERATION AND MAINTENANCE PLAN ENCANA RIVER WATER PIPELINE (PERMIT APPLICATION NUMBER) ENCANA OIL & GAS (USA), INC. applies for a water pipeline right-of-way under Section 1761 of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1701 et. seq). PROJECT DESCRIPTION A. ENCANA OIL & GAS (USA), INC. (EnCana) proposes to construct an 8" water pipeline and related facilities (including valves and electric driven pumping equipment). The proposed project will allow EnCana to develop and gather natural gas produced from the Grass Mesa and Hunter Mesa Federal Units and deliver to multiple markets and provide for the sale of developed federal minerals. This action will allow adjacent federal mineral acres to become economic, offer opportunities for National energy self -dependency, and allow operator income. B. The proposed pipeline will consist of 8", 0.219 inch wall thickness, Grade X-42, MAOP of 740 psig. C. The proposed pipeline will begin at the Last Chance Irrigation Ditch near Buckhorn Drive in Rifle, CO. in the SW/4, SW/4, Section 14, Township 6 South, Range 93 West. D. The proposed 8" pipeline is approximately 31,024' in total length; approximately 9,812' is located on federal land, none on state land, and approximately 21,212' on private land. E. A 70 -foot wide corridor is requested at this time for construction purposes. Upon completion of the project, a permanent 50 -foot wide right-of-way, containing approximately 12.3 federal acres, is requested for operational and maintenance purposes. The proposed pump station would be located in Garfield County, Colorado described as SW/4 SW/4, Section 14, T6S, R93W on private land. No additional staging areas on Federal surface are requested for construction operations. F. The length of term for the right-of-way is requested for a period of thirty years. G. The pipeline will be in operation during the irrigation season, approximately March until November, each year. The line would be drained for freeze protection during winter months. H. The volume of water transported will be approximately 504,000 gallons/day (350 gallons per minute, 12,000 barrels per day, 1.547 acre-feet per day). Construction will begin immediately upon BLM authorization. II. PRE -CONSTRUCTION EnCana River Water Pipeline Page 1 of 7 • • EXHIBIT A — CONSTRUCTION, OPERATION, AND MAINTENANCE PLAN A. A flagged survey has been established along the proposed route. The surveyed route is the shortest, most direct route and will thereby minimize damage to federal lands. The pipeline will run from the Last Chance Ditch near Buckhorn Drive in Rifle generally east toward the Rifle Airport, then turning south through Section 23 generally parallel to West Mamm Creek Road (Garfield County Road 319). The pipeline route leaves West Mamm Creek Road in the NW/4 SE/4 of Sec. 26 and follows an existing field road into Sec. 36, and then parallels existing pipelines and roads to EnCana's Hunter Mesa Water Treatment Plant in the SE/4 NE/4 of Section 1, T7S, R93W, Garfield County, Colorado. A minimum distance of 25' from the centerline of existing foreign pipelines and 10' from EnCana pipelines will be maintained at all times. The pipeline will be at least 5' deep, except at road crossings where the depth will be 6'. The EnCana River Water Pump Station will consist of an electric -motor driven vertical turbine pump within a small building (approximately 20' X 20') located on private land in SW/4, SW/4 Sec. 14, T6S, R93W. All working areas will be confined to the requested right-of-way. B. EnCana shall comply with all applicable federal, state and local laws and regulations as they relate to public health, safety and environmental protection in the construction, operation, and maintenance of this facility. No toxic substances will be stored or used on the right-of-way. C. All associated road and utility permits will be secured from the appropriate regulatory agency prior to construction. Listed below are the necessary permits to be submitted for the proposed pipeline: Army Corps of Engineers — permit to cross the drainages along the proposed ROW Garfield County Engineer's Office — permit to cross County Road 319 Garfield County — Special Use Permit All equipment and vehicular access into the pipeline project will be confined to approved existing roads and the established right-of-way corridor. No major reconstruction or rerouting of these roads is intended. D. All safety measures have been considered in the design, construction, operation and maintenance of the facility. EnCana will have inspectors present during construction. Any accidents to persons or property on federal lands will immediately be reported to the authorized officer. E. SWCA has been contracted to complete a cultural resource inventory for the proposed route. The report has been submitted to the Bureau of Land Management, Glenwood Springs Field Office, Glenwood Springs, Colorado. If any cultural remains, monument sites, objects or antiquities subject to the Antiques Act of June 8, 1906, or Archaeological Resources Protection Act of 1979, are discovered, the activities shall cease immediately and the responsible authorized officer shall be notified. If any fossils are discovered during construction, the operator shall cease construction immediately and notify the authorized BLM officer so as to determine the significance of the discovery. F. Environmental Effects. EnCana River Water Pipeline Page 2 of 7 • • EXHIBIT A — CONSTRUCTION, OPERATION, AND MAINTENANCE PLAN 1. Air Quality. No effect of air quality would be expected. 2. Visual Impact. Aboveground structures shall be painted to blend with the surrounding landscape. Visual quality objectives for the land management unit shall not be adversely impacted. 3. Water Quality. The proposed pipeline crosses numerous ephemeral drainages; however, surface or ground water quality and quantity should not be affected. 4. Noise. Noise from the construction activities will create a temporary disruption of ambient conditions; however, any disruption should be of relatively short duration. 5. Aesthetics. The construction of the proposed facility will not have any significant impact on the surrounding environment. Any actual construction impacts will be temporary. III. CONSTRUCTION A. Notification. Your office will be notified at least 5 days prior to the anticipated start of construction and/or any surface disturbing activities. A preconstruction conference will also be scheduled with the authorized BLM officer and all contractors and agents involved with construction and/or surface disturbing activities to review the stipulations of the Grant and the Plan of Development. B. Saturated Surfaces. No construction or routine maintenance activities shall be performed during periods when the soil is too wet to adequately support construction equipment or when watershed damage is likely to occur. If such equipment creates ruts in excess of four inches deep, the soil shall be deemed too wet to adequately support construction equipment. Frozen soil or soil mixed with snow will not be used in construction. C. Topsoil. The top 6 inches of topsoil will be removed and conserved during excavation and reused as cover on disturbed areas to facilitate regrowth of vegetation. Trenching will be done using a trencher. Sideboom tractors will be used to place the pipeline in the trench after the pipe has been welded and coated. After the pipeline is in place, the trench will be backfilled using an angle dozer or auger. If rocks are present, the pipe will be padded and shaded with a bucket shaker or an "Ozzie Padder", there are to be no berms. No foreign rock to the surface will remain exposed. D. The pipeline will be hydro -tested prior to being placed in service. Prior to any discharge, hydrostatic testing water will be tested and processed, if necessary, to ensure that the water meets local, state or federal water quality standards. Prior to discharge of hydrostatic testing water from the pipeline, EnCana will design and install a suitable energy dissipater at the outlets, and design and install suitable channel protection structures necessary to ensure that there will be no erosion or scouring of natural channels within the affected watershed as a result of such discharge. Sandbags, rock, or other materials or objects installed shall be removed from the site upon completion of hydrostatic testing. E. All construction equipment and vehicles shall be confined to approved existing roads and the right-of-way. IV. POST CONSTRUCTION A. Disturbed areas. All disturbed areas will be final graded to as close as possible to its original condition. EnCana River Water Pipeline Page 3 of 7 • • EXHIBIT A — CONSTRUCTION, OPERATION, AND MAINTENANCE PLAN B. Erosion. Erosion control structures such as water bars or "kicker dikes" will be constructed. Water bars will be placed approximately every 25' on steep slopes to prevent erosion over the right-of-way. Steep slope breaks will also be made impassable to vehicular traffic by using deep waterbars, leaving them rough. C. Drainages. The banks of drainage crossings will be returned and stabilized to their original slope to avoid ramping and opening them to livestock and vehicle traffic. D. Visuals. Where applicable, the upper rim rock will be replaced to discourage traffic and mitigate visual scarring. E. Painting. All aboveground facilities will be painted with the Carlsbad Canyon 2.5 Y 6/2 color or similar color to blend in with the surrounding area. F. Seeding. EnCana will seed all disturbed areas along the pipeline corridor with the recommended seed mixtures as stated in the BLM publication: Table 2.2 Seed Mixes to be Used in Reclamation of EnCana Pipeline Routes (unless otherwise specified by landowner). Site Type Drill Seeding Species Variety Rate' Upland Sites Total Saline Lowlands Total Other Lowlands Western wheatgrass Rosanna 6.0 Thickspike wheatgrass Critana 6.0 Indian ricegrass Nezpar 3.0 Shadscale saltbush2 3.0 Globemallow3 0.5 Western wheatgrass Bottlebrush squirreltail Gardner's saltbush Indian ricegrass Alkali sacaton Nebraska sedge Tufted hairgrass Alkali grass Rosanna 18.5 6.0 3.0 2.0 4.0 15.0 3.0 1.0 2.0 4.0 Total 10.0 Source: BLM (1997a). ' Drill seeding rate = lbs/acre pure live seed (PLS). 2 Substitution for shadscale saltbush: Gardner's saltbush. 3 Substitution for globemallow: western yarrow or blue flax. EnCana River Water Pipeline Page 4 of 7 • • EXHIBIT A — CONSTRUCTION, OPERATION, AND MAINTENANCE PLAN Seed shall be planted using a drill equipped with a depth regulator to ensure proper depth of planting where drilling is possible. The seed mixture shall be evenly and uniformly planted over the disturbed area. Where drilling is not possible, seed shall be broadcast and the area shall be raked or chained to cover the seed. When broadcasting the seed, the pounds per acre will be doubled. Steep slopes will not be drill seeded so to avoid establishing rills. The seeding will be repeated until a satisfactory stand is established as determined by the authorized officer. Evaluation of growth will not be made before completion of the first growing season after seeding. The authorized officer will be notified a minimum of 5 days prior to the seeding of the project. Seeding will occur during spring or late fall seasons when ground frost is not present. V. SPECIAL CONSIDERATIONS A. Waste Disposal. All waste caused by construction activities will be removed and disposed of in an authorized area or approved landfill. B. Weed Control. EnCana shall be responsible for weed control on disturbed areas within the limits of the right-of-way. EnCana will be responsible for consultation with the authorized officer and/or local authorities for acceptable weed control methods (within limits imposed in the grant stipulation). C. Pesticide Use. EnCana shall comply with the applicable federal and state laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, EnCana shall obtain from the authorized officer written approval of a plan showing the type and quantity of material to be used, pests(s) to be controlled, method of application, location of storage and disposal of containers, and any other information deemed necessary by the authorized officer. Emergency use of pesticides shall be approved in writing by the authorized officer prior to such use. VI. ABANDONMENT A. Prior to termination of the right-of-way, EnCana shall contact the authorized officer to arrange a pre -termination conference. This conference will be held to review the termination provision of the grant. EnCana River Water Pipeline Page 5 of 7 • • EXHIBIT A - CONSTRUCTION, OPERATION, AND MAINTENANCE PLAN EnCana Oil & Gas (USA), Inc. Attachment "A" River Water Pipeline Land Description Table 1. Route Summary SECTION TOWNSHIP RANGE FEET 15 6S 93W 1030 14 6S 93W 705 23 6S 93W 12412 26 6S 93W 6730 35 6S 93W 325 36 6S 93W 8115 1 7S 93W 1707 TOTAL 31,024 EnCana River Water Pipeline Page 6 of 7 • 1 EXHIBIT A — CONSTRUCTION, OPERATION, AND MAINTENANCE PLAN ENCANA OIL & GAS (USA), INC. RIVER WATER PIPELINE PRELIMINARY MAP SHOWING PROPOSED ROUTE EnCana River Water Pipeline Page 7 of 7 • • ATTACHMENT E LANDOWNER LIST -- RIVER WATER PIPELINE PROJECT RIVER WATERLINE CONTACTS 1. Tracts A, C, E: Aapk Leasing, Llc. Clyde Decker, Manager 970-309-1744 2335 E. 7th Street Rifle, CO. 81650 2. Tract B: Silver Spoon, Llc. Larry Martin 970-7227 P.O. 982 Glenwood Springs, CO. 81602 3. Tract D: D&S Field Service Don Beechcraft 970-989-5158 255 Coyote Trail Rifle, CO. 81650 4. Tract 1: Barry Coleman 970-384-0644 46093 Highway 6 and 24 Glenwood Springs, CO. 81601 5. Tract 2: B.L.M. 6. Tracts 3, 5, 6: Lazier/Sills Sills -970-947-9511 P.O. Box 1325 Vail, CO. 81658 (Robert Lazier) 7. Tract 4: BLM 8. Tract 7: Dalbo, Inc. Audie Williams 970-625-8659 of. 970-250-5022 cell P.O. Box 1168 Vernal, UT. 84078 (Robert Williams Owner) 9. Tract 8: Benzel Livestock LLLP 980 East Saddlehorn Drive, Sedona AZ 86351 John Benzel 928-284-9602 • ATTACHMENT B PROPOSED RIVER WATER PIPELINE PROJECT ROUTE WITH WATERS OF THE US LOCATIONS • • EVA 7. II'•ITER TRE•17SUE:\T FACILITY 111. \TGR J!ES:I COMPRESSOR ST ITIO\ FUM. LTD 7ze -5i <'iRiler'Su7eftwrl �. (435) 781-2501 180 North Vernal Ave Vernal. Utah 84078 KKK LTD. 111111111111111111 River Water Pipeline y z 0 Iv a 0 I c la j 0 I(13 0 0 CO Q 160' C i1(ti5' 0 Q. 1 0' �5 0 y I�5' r.. 0 75' 0 ih. 4.E. 1 40. ,ffa, al i..15. E 1 1i_90. 1 49,T ii,...64 ,-.45' 116 Attachment C. Typical Directional Bore Schematic • • ATTACHMENT D ENCANA 'S BEST MANAGEMENT PRACTICES FOR STORM WATER MANAGEMENT STORMWATER MANAGEMENT PLAN SUPPLEMENTAL FORM CONSTRUCTION, OPERATION, AND MAINTENANCE PLAN • • Best Management Practices for Storm Water Management Erosion and Sediment Controls Erosion control will be accomplished through a combination of construction techniques, vegetation, and structural features. 1. Structural Practices The following are structural site management practices, which will minimize erosion and sediment transport. a. To minimize disturbance associated with installation of a facility, level and gently sloping terrain outside the project area will not be graded, except where reasonable for construction equipment stability and fire safety. b. Silt barriers (e.g. brush dams, rock filter dikes, silt fences, hay bales, or water bars) will be installed as needed on down -gradient portions of the project area. c. Side hill cuts will be kept to a minimum to protect local resources while providing a safe and stable plane for the efficient and safe use of equipment. Where conditions warrant, erosion control structures such as berms, water bars, diversion or collection channels, terraces, or culverts will be constructed to divert water away from the project area and to reduce soil erosion along and adjoining areas disturbed during construction. d. e. In areas of steep slopes that are not annually cultivated, water bars or runoff diversions, will be installed as indicated in Table 1. The water bars will begin and end in undisturbed ground at a 2% slope. f. Culverts may be installed at a grade ranging from 2-5 percent. Inlet protection may include inlet aprons and rock armoring around the culvert perimeter while below grade inlet sumps may be installed to enhance deposition. Outfall protection may include the use of a rock armored splash pad to slow water. Table 1 Spacing for Erosion Control Structures Slope 5 -15 % 16-30% 30+ % Diversion Spacing (Feet) 300 200 100 • • 2. Implementation of Structural Practices a. Construction sites may utilize vegetative filters, brush dams, rock filter dikes, silt fences, straw bale dikes, water bars, or equivalent sediment controls installed so as to protect down slope surface waters, wetlands and roads from sediment flow due to runoff from a storm event. b. All grade surfaces, walls, dams and structures, vegetation, erosion and sediment control measures and other protective devices used for erosion control will be maintained, repaired and restored as appropriate. c. All erosion control structures will be inspected at least every 14 days before implementation of the reclamation phase and within 24 hours after a storm event of 1.0 inch or more. Under normal circumstances, deficiencies will be repaired in a timely manner. The designated Inspector will maintain documentation of inspections, findings and corrective actions. 3. Site Preparation a. Existing cover will be removed only where necessary for the operation of equipment. In general, vegetation will be cut off near ground level leaving the root system intact. Cuttings may be stacked into a brush dam, distributed along the contour across reclaimed areas during reclamation or disposed of as directed by the landowner/agency representative. b. Trees and large shrubs that are not cleared from the site will be protected from damage during construction by avoiding them with equipment. For example, bulldozers will maintain their blades in a raised position except for areas designated for clearing or to smooth out sharp breaks in relief. c. Grading outside the project area will be done only when necessary for the safe operation of equipment and for fire protection. d. Trees will be cut or trimmed only to facilitate clearing, grading, and safe installation. 4. Excavation a. Excavated materials will be stored next to the excavation to protect the material from vehicular and equipment traffic. As required by the COGCC Reclamation Regulations all excavation operations on cropland shall separate and store the various A, B, and C soil horizons. b. Excavation in sensitive areas may be conducted according to special techniques as specified by the landowner/agency representative. c. Excavated surface materials will be utilized as backfill when practicable. An exception may be some rock excavated by blasting. In these areas, some select backfill may be r • required to protect the project area. Excess rock may be pushed into rock filter dikes, used in energy dissipation zones below culverts, constructed into rock check dams within grassed swales, distributed over a portion of the project area or disposed of off- site. d. All cuts made in steep rolling terrain during construction will be regraded and contoured to blend into the adjoining landscape and to reestablish the natural drainage patterns. e. Materials that are unsuitable for use as backfill or excess backfill material will be disposed at approved locations. 5. Streams and Wetlands a. During construction near perennial streams, lakes or wetlands, sedimentation (detention) basins, straw bales, or fabric filters may be constructed to prevent suspended sediments from reaching downgradient watercourses, streams, lakes or wetlands. b. Disturbance of riparian and wetland areas will be kept to the minimum needed for construction and installation. c. The first 1.0 feet of topsoil from wetlands will be salvaged and redistributed over the trench as quickly as reasonably possible following installation of the pipeline. The seeds, roots, rhizomes, tubers, and bulbs present in the topsoil will enhance and help speed up reclamation of wetlands disturbed by construction. d. Where appropriate, water bars or sediment filters, such as staked straw bales or silt fences, will be constructed adjacent to the crossings to reduce potential sedimentation in streams or wetlands. Trenching will cross dry streams. Small flowing streams will be crossed by fluming or trenching with a downstream silt barrier to reduce downstream sedimentation. Materials Handling and Spill Prevention Hazardous materials and petroleum products to be used in construction of the Facility are limited to fuel and lubricants for construction equipment and vehicles; small quantities of paints and solvents; water or gel based frac fluids (surfactant, friction reducer, acid, potassium chloride) using during completion; produced water; and, crude oil/condensate. Refueling and lubrication of vehicles will be conducted a minimum of 100 feet back from flowing streams and wetlands. Spills will be promptly cleaned up and contaminated materials hauled off-site and disposed of/recycled properly. Quantities of materials on site will be limited to "as -needed" for the immediate operations underway. Other Controls All wastes from materials imported to the construction site are to be removed for disposal/recycling to an appropriate licensed disposal/recycling facility, including sanitary sewage facilities (typically portable). No wastes of imported materials shall be buried, dumped, or discharged to waters of the State. There are no other pollutant sources from areas other than construction areas expected. To prevent tracking of sediment onto public roads, the proposed facilities shall have, at a minimum, compacted ingress and egress areas adjacent to public roads. Other means such as using gravel, scoria, or cattle guards may be utilized if appropriate. Maintenance Maintenance will be the responsibility of the Company. Maintenance will be perfoitued on an as -needed basis based upon the results of inspections conducted at the site. INSPECTION Inspections will be conducted at least every 14 calendar days and within 24 -hours of any precipitation event exceeding 1.0 inch during construction and prior to initiating reclamation. After reclamation has been initiated inspections will be conducted at least every 30 -calendar days and within 24 -hours of any precipitation event exceeding 1.0 inches until uniform vegetative cover of at least 70% of pre -disturbance levels has been achieved. Inspections will be documented and these records kept on file for three years following reclamation. All negative inspection results will be corrected as soon as practicable. FINAL STABILIZATION AND LONG-TERM STORM WATER MANAGEMENT 1. Reclamation a. Unless otherwise directed by the landowner or the jurisdictional authority, rocks, cut vegetation and other surface material temporarily stockpiled for construction will be redistributed back across non -fenced portions of the project area following construction. b. Disturbed areas will be seeded using seed mixes appropriate to the location. Local soil conservation authorities with the U.S. Natural Resources Conservation Service, surface owners and/or reclamation contractors familiar with the area may be consulted regarding the correct seed mix to be utilized. • • c. On terrain where drill seeding is appropriate, seed may be planted using a drill equipped with a depth regulator to ensure proper depth of planting. The seed mix will be evenly and uniformly planted over the disturbed area. Drilling will be used where topography and soil conditions allow operation of equipment to meet the seeding requirements of the species being planted. d. Broadcast seeding will occur on steep terrain and on areas such as where the cut vegetation and rocks were redistributed over the right-of-way. e. Seeding will be done when seasonal or weather conditions are most favorable according to schedules identified by the jurisdictional authority, reclamation contractor, or landowner. Whenever possible, seeding will be timed to take advantage of moisture, such as early spring or late fall to benefit from winter precipitation. f Seed mixes will be planted in the amount specified in pounds of pure live seed/acre, where necessary. There will be no primary or secondary noxious weeds in the seed mix. g. The reestablishment of vegetative cover as well as watershed stabilization measures will be scheduled during the working season and before the succeeding winter. In any case, revegetation treatments will be accomplished as soon as practical following completion of facility construction. h. In general, the applicable portions of the project area will not be mulched during reclamation and revegetation. Mulch will only be applied at the request of the jurisdictional authority in areas where the cut vegetation and rocks are not redistributed over the disturbed area. (The cut vegetation and rocks will act like mulch in the areas where they are applied.) Where straw or hay mulch is requested, the mulch will be applied and crimped into the soil. i. The need for fertilizers will be determined in conjunction with the jurisdictional authority. If fertilization is necessary, the rates of application will be based on site- specific requirements of the soil. 2. Post -Construction Structural Measures a. Permanent water bars will be installed on steep slopes according to Table 1 and at wetland and stream crossing boundaries. b. Trench plugs will be installed on steep slopes according to Table 1 and at wetland and stream crossing boundaries. c. After restoration work is complete, required repairs to vegetation, erosion, and sediment control structures will be completed along with routine scheduled pipeline inspections and/or in response to other notification. TEXT DATE LAST REVISED: 02 -July -16 STORM WATER MANAGEMENT PLAN SUPPLEMENT FORM — U. S. ROCKIES REGION Creator: Custodian: Date Approved: US Rockies EHS US Rockies CSA 02 -July -16 SWMP Name: EnCana Mamm Creek Gas Gathering Permit No: Site/ Job Name: River Water Pipeline County: Garfield State: QTR QTR SEC ** TWN 6&7S RNG 93W Prepared by: EnCana Oil and Gas, Inc. Date: 3-31-2004 1. Attach to this form, a simple sketch of the site outlining the construction. Include any ditches, canals, creeks, streams and rivers located within one-quarter mile of the site. Determine the direction of the drainage or flow gradient for the site. Identify this flow gradient with a simple arrow pointing in the direction of the flow. 2. Select the type of control feature used for the site. Describe in detail the erosion controls adopted for the site based on a study of the site and the general topography of the area. Show these erosion control features on the sketch. ® Baled Hay ❑ ❑ Other (specify): Berms ® Ditches ® Silt Fence Describe control features: The pipeline's approximate 50 foot right-of-way will be staked prior to construction to limit the area of disturbance required for construction. All personnel , vehicles, and equipment will stay within the staked boundaries. Silt fences or hay bales will be placed on the down gradient side of the right-of-way when the pipeline is installed parallel to the grade contours of a hillside. Waterbars ending at hay bales will be installed in the right-of-way when the pipeline is installed on a hillside perpendicular to the grade contours. Spacing of the waterbars will be determined by the surface topography. Trench breakers will be installed in trenches on slopes prior to backfilling. Silt fences, hay bales, waterbars, and trench breakers will not be used when the hillside gradient is less than 5%. Silt fences or hay bales will be installed on the down slope and upslope sides of the construction area at the ephemoral drainage crossing points. 3. Describe the maintenance schedule developed for the site. If the construction at the site is to be handled by more than one operating group, identify the operating group that will subsequently take over the site. Brief the foreman/ supervisor in charge of the second phase of the activity of SWMP supplement details. The control features described in Part 2 above will be maintained during the construction phase of the pipeline project by the general contractor. The EnCana EHS coordinator will inspect the site on a bi-monthly basis and determine what, if any, repairs to the control structures are required. The EHS coordinator will review the inspection data with the general contractor and cause the necessary repairs to be Focus\LMS\Productn\Operate\DescText\ SWMP SUPPLEMENT - PI ENCANA TM Page 1 of 2 TEXT DATE LAST REVISED: 02-JuIy-16 STORM WATER MANAGEMENT PLAN SUPPLEMENT FORM — U. S. ROCKIES REGION Creator: Custodian: Date Approved: US Rockies EHS US Rockies CSA 02-JuIy-16 made. This inspection process will be followed during the entire construction phase of the project. 4. At the conclusion of all construction activities, begin the reclamation of the site. Describe how reclamation of the site is to be accomplished. If the site is located in an area of agriculture cultivation, grading the site back to its original contour will be sufficient. In other areas, grading and re -vegetation may be required. When the reclamation activities are 70% complete, enter the date the site attained 70% reclamation and sign form. When the pipeline installation phase of the project has been completed the right-of- way will be restored as close as possible to pre -excavation grades and compaction. Topsoil will be redistributed as close to original salvage depths as possible. In areas with pre-existing rocky surface material, the stored rock will be spread over the right- of-way to maintain a surface appearance to that of adjacent undisturbed terrain. Seeding will be applied with a planned seed mix and application rate. Permanent waterbars will be installed on slopes at the intervals indicated in Table 1 of the Stormwater Management Plan. Every effort will be made to install permanent erosion control measures within 30 days after the pipeline trench is backfilled. Periodic inspections of the site will be made to assure that isolated areas of soil erosion that may occur are corrected. When the grass seed has reached a vegative establishment level of 70 %, these inspections will cease. ** Notation to legal description -This construction project will include partial areas of Secs. 14, 15, 23, 26, 35, and 36, T6S, R93W and also in Sec. 1, T7S, R93W — Denver Base and Meridian Date site was reclaimed to 70%: Name of person ensuring reclamation Signature Focus\LMS\Productn\Operate\DescText\ SWMP SUPPLEMENT - PI ENCANA TM Page 2 of 2 • • Part VIII BLM Form 299 9q 2 �Zi STANDARD FORM 299 (1/99) Prescribed by DOI/USDA/DOT P.L. 96-487 and Federal Register Notice 5-22-95 APPLICATION FOR TRANSPORTATION AND UTILITY SYSTEMS AND FACILITIES ON FEDERAL LANDS FORM APPROVED OMB NO. 1004-0060 Expires: December 31, 2001 FOR AGENCY USE ONLY NOTE: Before completing and filing the application, the applicant should completely review this package and schedule a preapplication meeting with representatives of the agency responsible for processing the application. Each agency may have specific and unique requirements to be met in preparing and processing the application. Many times, with the help of the agency representative, the application can be completed at the preapplication meeting. Application Number Date Filed 1. Name and address of applicant (include zip code) EnCana Oil & Gas (USA) Inc. 792 Buckhorn Drive Rifle, CO 81650 2. Name, title, and address of authorized agent if different from item 1 (include zip code) James McMillan, Biologist SWCA Environmental Consultants 230 South 500 East, Ste. 380 Salt Lake City, UT 84102-2015 3. TELEPHONE (area code) Applicant (303) 389-5060 Authorized Agent (801) 322-4307 4. As applicant are you? (check one) a. 0 Individual b. X Corporation* c 0 Partnership/Association* d. 0 State Government/State Agency e. 0 Local Govemment f. 0 Federal Agency * If checked, complete supplemental page 5. Specify what application is for: (check one) a. X New authorization b. 0 Renewing existing authorization No. c. 0 Amend existing authorization No. d. 0 Assign existing authorization No. e. 0 Existing use for which no authorization has been received * f. 0 Other* * if checked, provide details under item 7 6. If an individual, or partnership are you a citizen(s) of the United States? 0 yes 0 No 7. Project description (describe in detail): (a) Type of system or facility, (e.g., canal, pipeline, road); (b) related structures and facilities; (c) physical specifications (Length, width, grading, etc.); (d) term of years needed: (e) time of year of use or operation; (f) Volume or amount of product to be transported; (g) duration and timing of construction; and (h) temporary work areas needed for construction (Attach additional sheets, if additional space is needed.) EnCana Oil & Gas (USA) Inc. requests a new authorization to allow the construction, operation and maintenance of a 8" surface buried fresh water pipeline to connect the proposed pumping facility with the Hunter Mesa Water Treatment Plant. The location of the proposed project is in Township_6 S, Range _93 W, Sections 14,15,23,35,36 ; Also in T 7S, Range 93 W, Section 1; 6th P.M. Please see Exhibit "A", The Construction, Operations and Maintenance Plan for the new proposed pipeline connection, 8. Attach a map covering area and show location of project proposal Refer to the attached topo map 9. State or Local government approval: 0 Attached XD Applied for 0 Not Required 10. Nonreturnable application fee: 0 Attached 0 Not required To be submitted upon Category determination. 11. Does project cross international boundary or affect international waterways? 0 Yes X No (if "yes" indicate on Wrap) 12. Give statement of your technical and financial capability to construct, operate, maintain, and terminate system for which authorization is being requested. EnCana Oil & Gas (USA) Inc. is technically and financially capable of constructing, operating and maintaining this facility. (Continued on reverse) This form is authorized for local reproduction. 13a. Describe other reasonable alternative routes and. considered. All other locations have been reviewed and eliminated prior to filing this application. b. Why were these alternatives not selected? The selected route is the shortest, most direct and economical means to connect the proposed water pipeline with the Hunter Mesa Water Treatment Plant c. Give explanation as to why it is necessary to cross Federal Lands. Existing facilities are located on Federal lands. This pipeline is needed for future development within the unit. 14. List authorizations and pending applications filed for similar projects which may provide information to the authorizing agency. (Specify number, date, code, or nanze) EnCana constructs, operates and maintains pipelines, appurtenances and other related facilities in the oil and gas gathering and Processing industry throughout the Western states including the State of Colorado. 15. Provide statement of need for project, including the economic feasibility and items such as: (a) cost of proposal (construction, operation, and maintenance); (b) estimated cost of next best alternative; and (c) expected public benefits. EnCana has entered into a contractual agreement to provide gas gathering and processing services for the producer to help meet the growing demand of the consumer. The estimated cost of this project is $2,500,000 16. Describe probable effects on the population in the area, including the social and economic aspects, and the rural lifestyles. Due to the short duration of time and small work force necessary to construct the facility, no long term social or economical impacts are foreseen and should not affect the rural lifestyles in the area. 17. Describe likely environmental effects that the proposed project will have on: (a) air quality; (b) visual impact; (c) surface and ground water quality and quantity; (d) the control or structural change on any stream or other body of water; (e) existing noise levels; and (t) the surface of the land, including vegetation, permafrost, soil, and soil stability. Please see Exhibit "A", The Construction, Operation and Maintenance Plan to address any possible environmental concerns. 18. Describe the probable effects that the proposed project will have on (a) populations of fish, plantlife, wildlife, and marine Life, including threatened and endangered species; and (b) marine mammals, including hunting, capturing, collecting, or killing these animals. This project may cause some minor short term disturbances to natural habitat, but no loss of wildlife or threatened and endangered plants is expected. Any impacts will cease once the facility is in place. 19. State whether any hazardous material, as defined in this paragraph, will be used, produced, transported or stored on or within the right-of-way or any of the right-of-way facilities, or used in the construction, operation, maintenance or termination of the right-of-way or any of its facilities. "Hazardous material" means any substance, pollutant or contaminant that is listed as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq., and its regulations. The definition of hazardous substances under CERCLA includes any "hazardous waste" as defined in the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6901 et seq., and its regulations. The term hazardous materials also includes any nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq. The term does not include petroleum, including crude oil or any fraction thereof that is not otherwise specifically listed or designated as a hazardous substance under CERCIA Section 101(14), 42 U.S.C. 9601(14), nor does the term include natural gas. No hazardous material as defined under this paragraph will be used, produced, transported, or stored on or within this right-of-way or any of its facilities during construction, operation, maintenance or termination of this right-of-way. 20. Name all the Departments)/Agency(ies) where this application is being filed. Bureau of Land Management Glenwood Springs Resource Area P.O. Box 1009 Glenwood Springs, CO 81601 1 HEREBY CERTIFY, That I am of legal age and authorized to do business in the State and that I have personally examined the information contained in the application and believe that the information submitted is correct to the best of my knowledge. Signature of Applicant (a/c, (.7 Date Title 18, U.S.C. Section 1001, makes it a crime for any person knowingly and willfully to make to any department or agency of the United States any false, fictitious, or fraudulent statements or representations as to any matter within its jurisdiction. APPLSON FOR TRANSPORTATION AND UTILITY S•MS AND FACILITIES ON FEDERAL LANDS GENERAL INFORMATION ALASKA NATIONAL INTEREST LANDS This application will be used when applying for a right-of-way, permit, license, lease, or certificate for the use of Federal lands which lie within conservation system units and National Recreation or Conservation Areas as defined in the Alaska National Interest lands Conservation Act. Conservation system units include the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Trails System, National Wildemess Preservation System, and National Forest Monuments. Transportation and utility systems and facility uses for which the application may be used are: 1. Canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other systems for the transportation of water. 2. Pipelines and other systems for the transportation of liquids other than water, including oil, natural gas, synthetic liquid and gaseous fuels, and any refined product produced therefrom. 3. Pipelines, slurry and emulsion systems, and conveyor belts for transportation of solid materials. 4. Systems for the transmission and distribution of electric energy. 5. Systems for transmission or reception of radio, television, telephone, telegraph, and other electronic signals, and other means of communications. 6. Improved right-of-way for snow machines, air cushion vehicles, and all -terrain vehicles. 7. Roads, highways, railroads, tunnels, tramways, airports, landing strips, docks, and other systems of general transportation. This application must be filed simultaneously with each Federal department or agency requiring authorization to establish and operate your proposal. In Alaska, the following agencies will help the applicant file an application and identify the other agencies the applicant should contact and possibly file with: Department of Agriculture Regional Forester, Forest Service (USFS) Federal Office Building, P.O. Box 21628 Juneau, Alaska 99802-1628 Telephone: (907) 586-7847 (or a local Forest Service Office) Department of the Interior Bureau of Indian Affairs (BIA) Juneau Area Office Federal Building Annex 9109 Mendenhall Mall Road, Suite 5 Juneau, Alaska 99802 Telephone: (907) 586-7177 Department of the Interior Bureau of Land Management 222 West 7th Avenue P.O. Box 13 Anchorage, Alaska 99513-7599 Telephone: (907) 271-5477 (or a local BLM Office) National Park Service (NPS) Alaska Regional Office 2525 Gambell Street, Room 107 Anchorage, Alaska 99503-2892 Telephone: (907) 257-2585 U.S. Fish & Wildlife Service (FWS) Office of the Regional Director 1011 East Tudor Road Anchorage, Alaska 99503 Telephone: (907 786-3440 Note -Filings with any Interior agency may be filed with any office noted above or with the: Office of the Secretary of the Interior, Regional Environmental Officer, Box 120, 1675 C Street, Anchorage, Alaska 99513 Department of Transportation Federal Aviation Administration Alaska Region AAL -4, 222 West 7th Ave., Box 14 Anchorage, Alaska 99513-7587 Telephone: (907) 271-5285 NOTE - The Department of Transportation has established the above central filing point for agencies within that Department. Affected agencies are: Federal Aviation Administration (FAA), Coast Guard (USCG), Federal Highway Administration (FHWA), Federal Railroad Administration (FRA). OTHER THAN ALASKA NATIONAL INTEREST LANDS Use of this form is not limited to National Interest Conservation Lands of Alaska. Individual department/agencies may authorize the use of this form by applicants for transportation and utility systems and facilities on other Federal lands outside those areas described above. For proposals located outside of Alaska, applications will be filed at the local agency office or at a location specified by the responsible Federal agency. SPECIFIC INSTRUCTIONS (Items not listed are self-explanatory) Item 7Attach preliminary site and facility construction plans. The responsible agency will provide instructions whenever specific plans are required. 8Generally, the map must show the section(s), township(s), and range(s) within which the project is to be located. Show the proposed location of the project on the map as accurately as possible. Some agencies require detailed survey maps. The responsible agency will provide additional instructions. 910, and 12 - The responsible agency will provide additional instructions. 13 Providing information on alternate routes and modes in as much detail as possible, discussing why certain routes or modes were rejected and why it is necessary to cross Federal lands will assist the agency(ies) in processing your application and reaching a final decision. Include only reasonable alternate routes and modes as related to current technology and economics. 14 The responsible agency will provide instructions. 15 Generally, a simple statement of the purpose of the proposal will be sufficient. However, major proposals located in critical or sensitive areas may require a full analysis with additional specific information. The responsible agency will provide additional instructions. 16 through 19 - Providing this information in as much detail as possible will assist the Federal agency(ies) in processing the application and reaching a decision. When completing these items, you should use a sound judgment in furnishing relevant information. Fore example, if the project is not near a stream or other body of water, do not address this subject. The responsible agency will provide additional instructions. Application must be signed by the applicant or applicant's authorized representative. If additional space is needed to complete any item, please put the information on a separate sheet of paper and identify it as "Continuation of Item". for supplemental, see reverse) PPLEMENTAL NOTE: The responsible agency(ies) will provide instructions CHECK APPROPRIATE BLOCK I - PRIVATE CORPORATIONS ATTACHED FII.FD* a. Articles of Incorporation 9 fl b. Corporation Bylaws 0 fl c. A certification from the State showing the corporation is in good standing and is entitled to operate within the State. 0 fl d. Copy of resolution authorizing filing 0 0 e. The name and address of each shareholder owning 3 percent or more of the shares, together with the number and percentage of any class of voting shares of the entity which such shareholder is authorized to vote and the name and address of each affiliate of the entity together with, in the case of an affiliate controlled by the entity, the number of shares and the percentage of any class of voting stock of that affiliate owned, directly or indirectly, by that entity, and in the case of an affiliate which controls that entity, the number of shares and the percentage of any class of voting stock of that entity owned, directly or indirectly, by the affiliate. 0 fl f. If application is for an oil or gas pipeline, describe any related right-of-way or temporary use permit applications, and identify previous applications. 0 0 g. If application is for an oil and gas pipeline, identify all Federal lands by agency impacted by proposal. 0 0 11 - PUBLIC CORPORATIONS 0 0 a. Copy of law forming corporation 0 0 b. Proof of organization 0 0 c. Copy of Bylaws 0 0 d. Copy of resolution authorizing filing 0 0 e. If application is for an oil or gas pipeline, provide information required by item "I -f" and I -g" above. 0 0 III - PARTNERSHIP OR OTHER UNINCORPORATED ENTITY 0 0 a. Articles of association, if any 0 0 b. If one partner is authorized to sign, resolution authorizing action is 0 0 c. Name and address of each participant, partner, association, or other 0 0 d. If application is for an oil or gas pipeline, provide information required by "I -f' and "I -g" above. 0 0 * If the required information is already filed with the agency processing this application and is current, check block entitled "Filed." Provide the file identification information (e.g., number, date, code, name). If not on file or current, attach the requested information. NOTICE NOTE: This applies to the Department of the Interior/Bureau of Land Management (BLM). The Privacy Act of 1974 provides that you be furnished with the following information in connection with the information provided by this application for an authorization. AUTHORITY: 16 U.S.C. 310 and 5 U.S.C. 301. PRINCIPAL PURPOSE: The primary uses of the records are to facilitate the (1) processing of claims or applications; (2) recordation of adjudicative actions; and (3) indexing of documentation in case files supporting administrative actions. ROUTINE USES: BLM and the Department of the Interior (DOI) may disclose your information on this form: (1) to appropriate Federal agencies when concurrence or supporting information is required prior to granting or acquiring a right or interest in lands or resources; (2) to members or the public who have a need for the information that is maintained by BLM for public record; (3) to the U.S. Department of Justice, court, or other adjudicative body when DOI determines the information is necessary and relevant to litigation; (4) to appropriate Federal, State, local, or foreign agencies responsible for investigating, persecuting violation, enforcing, or implementing this statute, regulation, or order; and (5) to a congressional office when you request the assistance of the Member of Congress in writing. EFFECT OF NOT PROVIDING THE INFORMATION: Disclosing this information is necessary to receive or maintain a benefit. Not disclosing it may result in rejecting the application. DATA COLLECTION STATEMENT The Federal agencies collect this information from applicants requesting right-of-way, permit, license, lease, or certifications for the use of Federal lands Federal agencies use this information to evaluate your proposal No Federal agency may request or sponsor, and you are not required to respond to a request for information which does not contain a currently valid OMB Approval Number. BURDEN HOURS STATEMENT The public burden for this form is estimated to vary from 30 minutes to 25 hours per response, with an average of 2 hours per response, including the time for viewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding the burden estimate or any other aspect of this form to: U.S. Department of the Interior, Bureau of Land Management, Information Clearance Officer (WO -630), 1849 C Street, Mail Stop 401LS, Washington, D.C. 20240 A reproducible copy of this form may be obtained from the Bureau of Land Management, Division of Lands, 1620 L Street, Rm. 1000LS, Washington, D.C. 20036 • • RIVER WATERLINE CONTACTS 1. Tracts A, C, E: Aapk Leasing, Llc. Clyde Decker, Manager 970-309-1744 2335 E. 7th Street Rifle, CO. 81650 2. Tract B: Silver Spoon, Llc. Larry Martin 970-7227 P.O. 982 Glenwood Springs, CO. 81602 3. Tract D: D&S Field Service Don Beechcraft 970-989-5158 255 Coyote Trail Rifle, CO. 81650 4. Tract 1: Barry Coleman 970-384-0644 46093 Highway 6 and 24 Glenwood Springs, CO. 81601 5. Tract 2: B.L.M. 6. Tracts 3, 5, 6: Lazier/Sills Sills -970-947-9511 P.O. Box 1325 Vail, CO. 81658 (Robert Lazier) 7. Tract 4: BLM 8. Tract 7: Dalbo, Inc. Audie Williams 970-625-8659 of. 970-250-5022 cell P.O. Box 1168 Vernal, UT. 84078 (Robert Williams Owner) 9. Tract 8: Benzel Livestock LLLP 980 East Saddlehorn Drive, Sedona AZ 86351 John Benzel 928-284-9602 • • "EXHIBIT A" CONSTRUCTION, OPERATION AND MAINTENANCE PLAN ENCANA RIVER WATER PIPELINE (PERMIT APPLICATION NUMBER) ENCANA OIL & GAS (USA), INC. applies for a water pipeline right-of-way under Section 1761 of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1701 et. seq). PROJECT DESCRIPTION A. ENCANA OIL & GAS (USA), INC. (EnCana) proposes to construct an 8" water pipeline and related facilities (including valves and electric driven pumping equipment). The proposed project will allow EnCana to develop and gather natural gas produced from the Grass Mesa and Hunter Mesa Federal Units and deliver to multiple markets and provide for the sale of developed federal minerals. This action will allow adjacent federal mineral acres to become economic, offer opportunities for National energy self -dependency, and allow operator income. B. The proposed pipeline will consist of 8", 0.219 inch wall thickness, Grade X-42, MAOP of 740 psig. C. The proposed pipeline will begin at the Last Chance Irrigation Ditch near Buckhorn Drive in Rifle, CO. in the SW/4, SW/4, Section 14, Township 6 South, Range 93 West. D. The proposed 8" pipeline is approximately 31,024' in total length; approximately 9,812' is located on federal land, none on state land, and approximately 21,212' on private land. E. A 70 -foot wide corridor is requested at this time for construction purposes. Upon completion of the project, a permanent 50 -foot wide right-of-way, containing approximately 12.3 federal acres, is requested for operational and maintenance purposes. The proposed pump station would be located in Garfield County, Colorado described as SW/4 SW/4, Section 14, T6S, R93W on private land. No additional staging areas on Federal surface are requested for construction operations. F. The length of term for the right-of-way is requested for a period of thirty years. G. The pipeline will be in operation during the irrigation season, approximately March until November, each year. The line would be drained for freeze protection during winter months. H. The volume of water transported will be approximately 504,000 gallons/day (350 gallons per minute, 12,000 barrels per day, 1.547 acre-feet per day). Construction will begin immediately upon BLM authorization. II. PRE -CONSTRUCTION EnCana River Water Pipeline Page 1 of 7 • EXHIBIT A — CONSTRUCTION, OPERATION, AND MAINTENANCE PLAN A. A flagged survey has been established along the proposed route. The surveyed route is the shortest, most direct route and will thereby minimize damage to federal lands. The pipeline will run from the Last Chance Ditch near Buckhorn Drive in Rifle generally east toward the Rifle Airport, then turning south through Section 23 generally parallel to West Mamm Creek Road (Garfield County Road 319). The pipeline route leaves West Mamm Creek Road in the NW/4 SE/4 of Sec. 26 and follows an existing field road into Sec. 36, and then parallels existing pipelines and roads to EnCana's Hunter Mesa Water Treatment Plant in the SE/4 NE/4 of Section 1, T7S, R93W, Garfield County, Colorado. A minimum distance of 25' from the centerline of existing foreign pipelines and 10' from EnCana pipelines will be maintained at all times. The pipeline will be at least 5' deep, except at road crossings where the depth will be 6'. The EnCana River Water Pump Station will consist of an electric -motor driven vertical turbine pump within a small building (approximately 20' X 20') located on private land in SW/4, SW/4 Sec. 14, T6S, R93W. All working areas will be confined to the requested right-of-way. B. EnCana shall comply with all applicable federal, state and local laws and regulations as they relate to public health, safety and environmental protection in the construction, operation, and maintenance of this facility. No toxic substances will be stored or used on the right-of-way. C. All associated road and utility permits will be secured from the appropriate regulatory agency prior to construction. Listed below are the necessary permits to be submitted for the proposed pipeline: Army Corps of Engineers — permit to cross the drainages along the proposed ROW Garfield County Engineer's Office — permit to cross County Road 319 Garfield County — Special Use Permit All equipment and vehicular access into the pipeline project will be confined to approved existing roads and the established right-of-way corridor. No major reconstruction or rerouting of these roads is intended. D. All safety measures have been considered in the design, construction, operation and maintenance of the facility. EnCana will have inspectors present during construction. Any accidents to persons or property on federal lands will immediately be reported to the authorized officer. E. SWCA has been contracted to complete a cultural resource inventory for the proposed route. The report has been submitted to the Bureau of Land Management, Glenwood Springs Field Office, Glenwood Springs, Colorado. If any cultural remains, monument sites, objects or antiquities subject to the Antiques Act of June 8, 1906, or Archaeological Resources Protection Act of 1979, are discovered, the activities shall cease immediately and the responsible authorized officer shall be notified. If any fossils are discovered during construction, the operator shall cease construction immediately and notify the authorized BLM officer so as to determine the significance of the discovery. F. Environmental Effects. EnCana River Water Pipeline Page 2 of 7 • • EXHIBIT A — CONSTRUCTION, OPERATION, AND MAINTENANCE PLAN 1. Air Quality. No effect of air quality would be expected. 2. Visual Impact. Aboveground structures shall be painted to blend with the surrounding landscape. Visual quality objectives for the land management unit shall not be adversely impacted. 3. Water Quality. The proposed pipeline crosses numerous ephemeral drainages; however, surface or ground water quality and quantity should not be affected. 4. Noise. Noise from the construction activities will create a temporary disruption of ambient conditions; however, any disruption should be of relatively short duration. 5. Aesthetics. The construction of the proposed facility will not have any significant impact on the surrounding environment. Any actual construction impacts will be temporary. III. CONSTRUCTION A. Notification. Your office will be notified at least 5 days prior to the anticipated start of construction and/or any surface disturbing activities. A preconstruction conference will also be scheduled with the authorized BLM officer and all contractors and agents involved with construction and/or surface disturbing activities to review the stipulations of the Grant and the Plan of Development. B. Saturated Surfaces. No construction or routine maintenance activities shall be performed during periods when the soil is too wet to adequately support construction equipment or when watershed damage is likely to occur. If such equipment creates ruts in excess of four inches deep, the soil shall be deemed too wet to adequately support construction equipment. Frozen soil or soil mixed with snow will not be used in construction. C. Topsoil. The top 6 inches of topsoil will be removed and conserved during excavation and reused as cover on disturbed areas to facilitate regrowth of vegetation. Trenching will be done using a trencher. Sideboom tractors will be used to place the pipeline in the trench after the pipe has been welded and coated. After the pipeline is in place, the trench will be backfilled using an angle dozer or auger. If rocks are present, the pipe will be padded and shaded with a bucket shaker or an "Ozzie Padder", there are to be no berms. No foreign rock to the surface will remain exposed. D. The pipeline will be hydro -tested prior to being placed in service. Prior to any discharge, hydrostatic testing water will be tested and processed, if necessary, to ensure that the water meets local, state or federal water quality standards. Prior to discharge of hydrostatic testing water from the pipeline, EnCana will design and install a suitable energy dissipater at the outlets, and design and install suitable channel protection structures necessary to ensure that there will be no erosion or scouring of natural channels within the affected watershed as a result of such discharge. Sandbags, rock, or other materials or objects installed shall be removed from the site upon completion of hydrostatic testing. E. All construction equipment and vehicles shall be confined to approved existing roads and the right-of-way. IV. POST CONSTRUCTION A. Disturbed areas. All disturbed areas will be final graded to as close as possible to its original condition. EnCana River Water Pipeline Page 3 of 7 4110 EXHIBIT A — CONSTRUCTION, OPERATION, AND MAINTENANCE PLAN B. Erosion. Erosion control structures such as water bars or "kicker dikes" will be constructed. Water bars will be placed approximately every 25' on steep slopes to prevent erosion over the right-of-way. Steep slope breaks will also be made impassable to vehicular traffic by using deep waterbars, leaving them rough. C. Drainages. The banks of drainage crossings will be returned and stabilized to their original slope to avoid ramping and opening them to livestock and vehicle traffic. D. Visuals. Where applicable, the upper rim rock will be replaced to discourage traffic and mitigate visual scarring. E. Painting. AH aboveground facilities will be painted with the Carlsbad Canyon 2.5 Y 6/2 color or similar color to blend in with the surrounding area. F. Seeding. EnCana will seed all disturbed areas along the pipeline corridor with the recommended seed mixtures as stated in the BLM publication: Table 2.2 Seed Mixes to be Used in Reclamation of EnCana Pipeline Routes (unless otherwise specified by landowner). Site Type Drill Seeding Species Variety Rate' Upland Sites Total Saline Lowlands Total Other Lowlands Western wheatgrass Rosanna 6.0 Thickspike wheatgrass Critana 6.0 Indian ricegrass Nezpar 3.0 Shadscale saltbush2 3.0 Globemallow3 0.5 Western wheatgrass Bottlebrush squirreltail Gardner's saltbush Indian ricegrass Alkali sacaton Nebraska sedge Tufted hairgrass Alkali grass Rosanna 18.5 6.0 3.0 2.0 4.0 15.0 3.0 1.0 2.0 4.0 Total 10.0 Source: BLM (1997a). ' Drill seeding rate = lbs/acre pure live seed (PLS). 2 Substitution for shadscale saltbush: Gardner's saltbush. 3 Substitution for globemallow: western yarrow or blue flax. EnCana River Water Pipeline Page 4 of 7 EXHIBIT A — CONSTRUCTION, OPERATION, AND MAINTTANCE PLAN Seed shall be planted using a drill equipped with a depth regulator to ensure proper depth of planting where drilling is possible. The seed mixture shall be evenly and uniformly planted over the disturbed area. Where drilling is not possible, seed shall be broadcast and the area shall be raked or chained to cover the seed. When broadcasting the seed, the pounds per acre will be doubled. Steep slopes will not be drill seeded so to avoid establishing rills. The seeding will be repeated until a satisfactory stand is established as determined by the authorized officer. Evaluation of growth will not be made before completion of the first growing season after seeding. The authorized officer will be notified a minimum of 5 days prior to the seeding of the project. Seeding will occur during spring or late fall seasons when ground frost is not present. V. SPECIAL CONSIDERATIONS A. Waste Disposal. All waste caused by construction activities will be removed and disposed of in an authorized area or approved landfill. B. Weed Control. EnCana shall be responsible for weed control on disturbed areas within the limits of the right-of-way. EnCana will be responsible for consultation with the authorized officer and/or local authorities for acceptable weed control methods (within limits imposed in the grant stipulation). C. Pesticide Use. EnCana shall comply with the applicable federal and state laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, EnCana shall obtain from the authorized officer written approval of a plan showing the type and quantity of material to be used, pests(s) to be controlled, method of application, location of storage and disposal of containers, and any other information deemed necessary by the authorized officer. Emergency use of pesticides shall be approved in writing by the authorized officer prior to such use. VI. ABANDONMENT A. Prior to termination of the right-of-way, EnCana shall contact' the authorized officer to arrange a pre -termination conference. This conference will be held to review the termination provision of the grant. EnCana River Water Pipeline Page 5 of 7 0 EXHIBIT A - CONSTRUCTION, OPERATION AND MAINTENANCE PLAN EnCana Oil & Gas (USA), Inc. Attachment "A" River Water Pipeline Land Description Table 1. Route Summary SECTION TOWNSHIP RANGE FEET 15 6S 93W 1030 14 6S 93W 705 23 6S 93W 12412 26 6S 93W 6730 35 6S 93W 325 36 6S 93W 8115 1 7S 93W 1707 TOTAL 31,024 EnCana River Water Pipeline Page 6 of 7 • OPERATION,• A — CONSTRUCTION,, AND MAINTENANCE PLAN ENCANA OIL & GAS (USA), INC. RIVER WATER PIPELINE PRELIMINARY MAP SHOWING PROPOSED ROUTE EnCana River Water Pipeline Page 7 of 7 • c '9,0 V> ,v 9 t 0 C.33 CP 0 CV AL G ge G ®C1€CKS UNLIMITED^' • SHADES OF T�IE.S TOPEONDEFl: 1800.201-ra. www.CN ksU! i • STORMWATER MANAGEMENT PLAN River Waterline Project GARFIELD COUNTY COLORADO, USA WAGON WHEEL CONSULTING 111 E. Third St, Suite 213 Rifle, CO 81650 oN`liti\ndi °N1(1�tf19 (970) 625-8433 )01.1c100 013t° i "If1f omapo TEXT DATE LAST REVISED: 02 -July -16 STORM WATER MANAGEMENT PLAN SUPPLEMENT FORM — U. S. ROCKIES REGION Creator: Custodian: Date Approved: US Rockies EHS US Rockies CSA 02 -July -16 SWMP Name: EnCana Gathering U.S.A Site/ Job Name: River Waterline Project Permit No: County: Garfield State: QTR NE QTR SW SEC 9 TWN 7S RNG 93W Prepared by: Cody W. Smith Date: 7/27/04 1. Attach to this form, a simple sketch of the site outlining the construction. Include any ditches, canals, creeks, streams and rivers located within one-quarter mile of the site. Determine the direction of the drainage or flow gradient for the site. Identify this flow gradient with a simple arrow pointing in the direction of the flow. 2. Select the type of control feature used for the site. Describe in detail the erosion controls adopted for the site based on a study of the site and the general topography of the area. Show these erosion control features on the sketch. ® Baled Hay ® Berms ❑ Other (specify): ® Ditches ® Silt Fence Describe control features: The pipeline's approximate 50 foot right-of-way will be staked prior to construction to limit the area of disturbance required for construction. All personnel, vehicles and equipment will stay within the staked boundaries. Silt fences of hay bales will be placed on the down gradient side of the right-of-way when the pipeline is installed parallel to the grade contours of a hillside. Waterbars ending at straw bales will be installed in the right-of-way when the pipeline is installed on a hillside perpendicular to the grade contours. Spacing of the waterbars will be determined by the surface topography. Trench breakers will be installed in trenches on sloped prior to backfilling. Silt fence, straw bales, waterbars, andt trench breakers will not be used when the hillside gradient is less tha 5%. Silt fence and straw bales will be installed on the down slope and upslope sides of the construction area at the ephemoral drainage crossing points. 3. Describe the maintenance schedule developed for the site. If the construction at the site is to be handled by more than one operating group, identify the operating group that will subsequently take over the site. Brief the foreman/ supervisor in charge of the second phase of the activity of SWMP supplement details. The control features described in Part 2 above will be maintained during the construction installation phase of the pipeline project by the general contractor. The EnCana EHS coordinator will inspect the site on a bi-monthly basis and determine what, if any, repairs to the control structures are required. The EHS coordinator will review the inspection data with the general contractor and cause the necessary Focus\LMS\Productn\Operate\DescText\ SWMPSUPPLEMENTFORM-03013 ENC ANA T., Page 1 of 2 TEXT DATE LAST REVISED: 02 -July -16 STORM WATER MANAGEMENT PLAN SUPPLEMENT FORM — U. S. ROCKIES REGION Creator: Custodian: Date Approved: US Rockies EHS US Rockies CSA 02 -July -16 repairs to be made. This inspection process will be followed during the entire construction phase of the project. 4. At the conclusion of all construction activities, begin the reclamation of the site. Describe how reclamation of the site is to be accomplished. If the site is located in an area of agriculture cultivation, grading the site back to its original contour will be sufficient. In other areas, grading and re -vegetation may be required. When the reclamation activities are 70% complete, enter the date the site attained 70% reclamation and sign form. When the pipeline istallation phase of the project has been completed the right-of-way will be restored as close as possible to pre -excavation grades and compaction. Topsoil will be redistributed as close to original salvage depths as possible. In areas with pre-existing rocky surface material, the stored rock will be spread over the right -of way to maintain a surface appearance to that of adjacent undisturbed terrain. Seeding will be applied with a planned seed mix and application rate. Permanent waterbars will be installed on slopes at the intervals indicated in Table 1 of the Stormwater Management Plan. Every effort will be made to install permanent erosion control measures within 30 days after the pipeline trench is backfilled. Periodic inspections of the site will be made to assure that isolated areas of soil erosion that may occur are corrected. When the grass seed has reached a vegative establishment level of 70 %, these inspections will cease. Date site was reclaimed to 70%: Name of person ensuring reclamation Signature Focus\LMS\Productn\Operate\DescText\ SWMPSUPPLEMENTFORM-03013 ENC ANA T. Page 2 of 2 • STATE OF COLORADO Bill Owens,•Governor Jane E. Norton, Executive Director Dedicatee' to protecting and improving the health and environment of the people of Colorado 43D0 Cherry Creek Dr. S. Denver, Colorado B0246-1330 Phone )3031692-2000 TDD Linc 1303) 691-770D Located in Glendale, Colorado hrip://www.cdphe.state.co. us January 15, 2003 Eric Marsh, Vice President EnCana Oil & Gas (USA) Inc. 950 17th Sheet Suite 2600 Denver, CO 80202 303/623-2300 Laboratory and Radiation Services Division 8100 Lowry Blvd. Denver, Colorado B0230-6928 (3.03) 692-3090 RE: Final Permit, Colorado Discharge Permit System — Stormwater Certification No: COR -034840, Garfield County Mamm Creek Local Contact: David Grisso, Operations Super., 970/ 625-4209 Anticipated Activity: 07/01/2002 through 06/30/2007 On 999 acres (5 acres disturbed) Dear Sir or Mariana: '8 rt Colorado Department of Public Health and Environment Enclosed please find a copy of the permit certification that was issued to you under the Colorado Water Quality Contd. Act Your certification ironer the permit requires that specific actions be performed al designated times. You are legally obligated to comply with all terms and conditions of your certification. Note that the stormwater permit for construction activities now covers construction sites disturbing down to one acre (the previous threshold was 5 acres). Effective July 1, 2002, any construction activity that disturbs at least 1 acre of land (or is part of a larger common plan of development or sale that will disturb at 1east 1 acre) must apply for permit coverage. Please read the permit and certification. If you have any questions please visit our website at http://www.cdphe.state.co.us/wq/permitsunit/wqcdprathtml, or contact Nathan Moore at (303) 692-3555. Sincerely, (/') Kathryn Dolan Stormwater Program Coordinator Permits Unit WATER QUALITY CONTROL DIVISION Enclosure xc: Regional Council of Governments Local County Health Department Distiot Engineer, Technical Services, WQCD .:e- ...'0. VL ) Cherry Creek Drive Sour)] 0 Colorado 80246-1530 RATIONALE STORMW.".TFR DISCHARGDSASSOCIAT?;D WIT? CONSTRUCTION ACTIVITY GENERAL PERMIT IN COLORADO SECOND RENEWAL COLORADO DISCHARGE PERMIT NUMBER COR -030000 CONTENTS PA GE I. Introduction 1 II .Background 2 III Stormwater Discharges Associated with Construction Activity 3 IV. Coverage Under this Permit - 4 Y. Application and Certification 4 YI. Oual)ing Local Programs 4 VII. Terms and Conditions of Permit 5 1. INTRODUCTION . This permit is for the regulation ofsrormwater runoff from construction activities. The term "corsrruction activity" includes clearing, grading and excavation operations. "Stormwazer" is precipitation -induced surface runoff. This Rationale will 0 e.... --plain the background of the Stormwater program, activities which are covered under this permit, how to apply for coverage under this permit, and the requirements of this permit. The forms discussed in the Rationale and Permit are available on the Division's website at: http://www. cdph e.stare. co. us/wq/permitsun itlwgcdp mt. html A. Changes in this General Permit Several notable changes from the previous General Permit for Construction Activities have been incorporated into this permit. Most of the changes are related to the Phase II revision to the storrnwater regulation in the Colorado Discharge Permit System Regulations (5CCR 1002-61), effective March 2, 2001. Significant changes are listed below: 1. Permit coverage is now required for construction sites that disturb 1 10 5 acres (i.e., small construction activities). Allowances have been made for small construction activities to comply with the requirements of a Division -approved Qualifying Local Program (refer to section VI below for a discussion of Qual Eying Local Programs) in place of many specific requirements in the Permit, including requirements to submit an application, inactivation notice, and fees to rhe Division. Refer to Part I.A.3 of the Permit and section VILA of rhe Rationale for more details. 2. The requirements to submit the Township, Range, section and quarter section of a site and a list of any other environmental permits for the site with the applicarion have been removed. 3. Inactivation requirements have been changed to allow small construction activities that submit applications _indicating a completion dare 12 months or less from the start of construction activity to be authorized for a predetermined period from 3 to 12 months. The permit certification will include the automatic expiration date for permit coverage. This expiration date will be in place of the requirement to submit an Inactivation Notice. If permit coverage beyond the expiration date is needed (i.e., the site has not been finally stabilized), the perminee must submit an extension request form to the Division at least 10 days prior to the expiration --- _.-_ —1 I _�— _-_:.�.'1ME T, �1=._. amu:_':, Cor..rrolDivision SC _ARC ES._SSOCIATED J 'T.r:' CCWSTRUCTIONACTIVITY The Stormwater regulations require that stormwater discharges associated with certain industrial activities be covered under S:hepermi: prozrcm. Cors.: rction activity that disturbs one acre or more is specifically included in the listed industrial acm,ine.s. • f_. Construction Activity Construction activity includes clearing, grading and excavation activities. Construction does nor include routine maintenance performed by public agencies, or their agents to maintain original line and grade, hydraulic capacity, or orig,incl purpose of the facility. Definitions of additional terms can be found in Part I.D of the Permit. Stormwater discharges from construction activity require permit coverage, except for operations that result in the disturbance of less than one acre of total land area which are not part of a larger common plan of development or sale. A larger common plan of development or sale is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan. P. Tvpes orAcrivities Covered _This peri it Is intended to cover most new or existing discharges composed entirely ofszorn'water from construction activities that are required by State regulation to obtain a permit. This includes stormwater discharges associated with areas that are dedicated ro producing earthen materials, such as soils, sand, and gravel, for use at a single constrlcnon sire. These areas may be located az the construction site or az some other location. This permit does nor author..e the discharge of mine water or process water from sunk areas. Mispermit also includes stormwarer discharges associated with dedicated asphalt plans and concrete plants located a: the cons:r uction sizes. C. TvDes o-'Acti viries NOT Covered This permit does not cover stormwater discharged from construction sites that is mixed with stormwater from other ,,Des of industrial activities, or process water of any hind. Other types of industrial activities that require stormwarer discharge permits pursuant to different sections of the regulations (Regulation 5 CCR 1002-61, Section 61.2(e)(iii)(,4- I, K')J, are not covered by this permit. This permit also does not cover the discharge ofprocess water, If the construction activity encounters groundwater, a Construction Dewatering Discharge Permit (Permit Number COG -070000) must also be obtained in order to discharge this groundwater from the excavation site. An application for this permit can be obtained from the Division at the address listed in Pan I.A.9.a of the Permit. D. Exemptions for Small Municipalities The Intermodal Surface Transportation Efficiency Act of 1991 (Section 1068(c)) added an exemption to the szormweter regulariors for municipalities with less than I00,000 population. The term "municipality" includes cities, towns, counties, special districts or any entity created by or pursuant to State law. Siormwazer discharges associated with construction activity for facilities or sites that are owned or operated by a small municipality are not required to apply for or obtain a stormwater permit until March 10, 2003. (Note: This e.�.emprion does not apply to other, privately owned construction sites within the same small municipality) • _ .__ _ k� :1:�1L.�T, Y,,—• Qua.li Cor.rrol Division ... L C �,'iDITIOhS Ccve-cee under c Ouelin in- Local Pro Torr — For Small Construction Sires Only For small constriction sizes (disturbing less than 5 acres) covered under a Qual jying Local Program (see Section VI above), only certain permit requirements apply, as outlined below. The local program must have been formally designated by the Division zo qualms. Most municipalities have some type of local program and may require permits and fees. However, simply having a program in place does nor necessarily mean that it is a qualing program and that e State permit is no! required. The local municipality will be responsible for notifying operators and/Or owners that they are covered by a Qualifying Local Program. A list of municipalities with Oualing Local Programs is also available at hrp.//www.cdphe.state.co.us/wq/PermitsUnii/wgcdpmt.html. The Division reserves the right to require any owner or operator within the jurisdiction of a QualingLocal Program covered under this permit to apply for and obtain coverage under the full requirements of this permit. 1. Permit Coverage: If a construction site is within the jurisdiction of a Ouali "tying Local Program, the operator of the construction activity is authorized to discharge stormwater associated with small construction activity under this general pemnit without rhe submittal of an application zo the Division. The permittee also is no: required to submit an inactivation notice or payment of an annual fee. 2. Permit Terms and Conditions: The permittee covered by a Oualifving Local Program must comply with the requirements of the Oualing Local Program which has jurisdiction over rhe site. In addition, the following permit sections are applicable: i. J.A.1, 1.A.2, and J.A.3: Authorisation to discharge and discussion of coverage under the permit. ii. J.C.J. General limitations that must be met in addition zo local requirements. iii. I.C.2, I.C.3: Prohibition of non-stormwater discharges unless addressed in a separate CDPS permit and requirements related to releases ofreportable quantities. iv. Part II (except for Parts II.A.1, II.B.3, II.B.8, and II.B10): Specifically includes, but is nor limited to, provisions applicable in the case of noncompliance with permit requirement, and requirements to provide information and access. B. Stormwarer Management Plans (SWIv1Ps) Prior to commencement of construction, a stormwater management plan (SWMP) shall be developed and implemented for each facility covered by this permit. A certification that the SWMP is complete must be submitted with the permit application. The SWMP shall identify potential sources of pollution (including sediment) which may reasonably be expected to affect the quality of stormwater discharges associated with construction activity from the facility. In addition, the plan shall describe the best management practice (BMPs) which will be used to reduce the pollutants in stormwater discharges from the construction site. Facilities must implement the provisions of their SWMP as a condition of this permit. The SWMP shall include the following items: 1. Site Description 2. Site Map 3. BMPs for Stormwater Pollution Prevention 4. Longterm Stormwater Management 5. Other Controls 6. Inspection and Maintenance 7. Signatory Requirements and Availability 8. SWMP Review/Changes (See Pail I.B. of the permit for a more detailed description of SWMP requirements.) = .: _. _ -- ';_ :; �'� \. iE7 id c: e. - �or: rol Di v:s:on .=_...... Ire. COP.-''3:.x:,;;1 :.7O?,✓'!IONS C a=FJ✓," (_,:r.: - -crsrer or Fermi: When, responsibility for s:ormwarer discharges at a construction sire changes from one individual to another, the permit shall be rransferred in accordance with Part I.A.7 of the permit. The Notice of Transfer form will be mailed to t epermirree along with the permit cernricarion. Addirioncl copies are available from the Division. fevrar or. o{Permit e general permit will expire on June 30, 2007. The permitree's authority to discharge under this permit is aaproved -:rrti the expiration daze of rhe general permit. Any permittee desiring continued coverage under the general permit ;7: is: coyly for recertification under the general permit at least 90 days prior to its expiration dare. Nathan Moore March 11, 2002 Page 2 of 17 Permit No. COR -030000 CDPS GENERAL PERMIT STORNJATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act,• (25-8-101 et seq., CRS, 1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"), this permit authorizes the discharge of stormwater associated with construction activities certified under this pennit, from those locations specified throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with the conditions of this permit: This permit specifically authorizes the facility listed on page 1 of this permit to discharge stormwater associated with construction activity, as of this date, in accordance with permit requirements and ' onditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the ins and conditions. of this permit. 10 This permit and the authorization to discharge shall expire at miHniaht, June 30, 2007. Issued and Signed this day of COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT J. David Holm, Director Water Quality Control Division TABLE T.- CONTENTS icor.:.. PART Il _N.= CEMENT REQUIREMENTS 12 Chance in Dischare,- 12 -. Special Notifications - Definitions 12 3. Noncompliance Notification 13 5ubrr_ission of Incorrect or Incomplete Information 13 5. Bypass 13 6. Upsets 13 7. Removed Substances 14 Min;rni7ation of Adverse Impact 14 P. Reduction, Loss, or Failure of Treatment Facility 14 :0. Proper Operation and Maintenanc- 14 RESPONSIBILITIES 14 1. Inspections and Right to Entry 14 Duty to Provide Information 15 3. Transfer of Ownership or Conn-oL 15 4. Modification, Suspension, or Revocation of Peer t By Division 15 5. Permit Violations 16 6. Legal Responsibilities 16 Severability 16 E. Renewal Application 17 9. Confidentiality 17 1O. Fees 17 11. Requiring an Individual CDPS Permit 17 -2b- • PART I Page 4 Permit No. COR -030000 =_� E 'UNDER. T=iS PERMIT (cont.) c) Permit Coverage Termination: When a site has been finally stabilized, coverage under this permit is automatically terminated. d) Compliance with Qualifying Local Program: A construction site operator that has authorization to discharge under this permit under Par, LA.3 shall comply with the requirements of the Qualifying Local Program with jurisdiction over the site. el Full Permit Applicability: The Division may require any owner or operator within the jurisdiction ofa Qualifying Local Program covered under this permit to apply for and obtain coverage under the full requirements of this permit. The owner or operator must be noted in writing that an application for full coverage is required. When a permit certification under this permit is issued to an owner or operator that would otherwise be covered under Par I.A.3 of this permit, the full requirements of this permit replace the requirements as per Part I.A.3 of this permit, upon the effective date of the permit certification. A site brought under the full requirements of this permit must still comply with local stormwater management requirements, policies or guidelines as required by Part I.C.1.h of this Permit. Application, Due Dates a) Application Due Dates: At least ten days prior to the anticipated date of discharge, the operator of the construction a±vity shall submit an application fora as provided by the Division, with a certification that the Story water MPna gement Plan (SWMF) is complete. One original completed discharge pe. -mit application shall be submitted, by mail or hand delivery, to: Colorado Deparnnent of Public Health and Environment Water Quality Control Division WQCD-P-B2 4300 Ch .ny Creek Drive South Denver, Colorado 80246-1530 b) Summary of Application: The application requires, at a minimum, the following: 1) The operator's name, address, telephone number, tax payer identification number (or employer identification number), and the status as Federal, State, private, public or other entity; 2) Name, county and location of the construction site, including the latitude and longitude to the nearest 15 seconds of the approximate center of the construction activity; 3) A brief description of the nature of the construction activity; 4) The anticipated starting date of the project and the anticipated schedule of completion 5) Estimates of the total arca of the site, the area of the site that is expected to be disturbed, and the total arca of the larger common plan of development or sale to undergo disturbance; 6) The name of the receiving water(s), or the municipal separate storm sewer system and the ultimate receiving water(s); 7) Certification that the SWMP for the construction site is complete (see Part I.B. below); and 8) The signature of the applicant signed in accordance with Part I.E.1 of this permit. 5. Permit Certification Procedures If the general permit is applicable to the applicant's operation, then a certification will be developed and the applicant will be authorized to discharge stormwater under this general permit. • PART I Page 6 Permit No. COR -030000 4r:= LT ND P. THIS PEr \fi i (cont..) a) Permit cernfieation number. b.! Name, location, and county fo.- the construction site for which the application is being submitted. c) The current perminee's name, address, telephone number and the status as Federal, State, private, public or other entity. d:, . Tne new pe.ninee's name, address and telephone number and the status as Federal, State, private, public or other entity. e) Certification tha: the new permittee has reviewed the permit and SWMP and accepts responsibility, coverage and liability for the permit. .) Effective date of transfer. S. Permit Expiration Date .-.uthoriiation to discharge under this general permit shall expire on June 30, 2007. The Division must evaluate and reissue this general permit a: _east once every five years and must recertify the applicant's authority to discharge under the general permit a: such time. Any permittee desiring continued coverage under the general permit must reapply by March 31, 2007. The Division will determine if the applicant may continue to operate under the terms of the general permit. An individual perm:: will be required for any facility not reauthorized to discharge under the reissued general permit. 9. Individual Permit Criteria • Aside from the activity type, the Division may use other criteria in evaluating whether an individual permit is required ins:ead of this general permi:. Tns information may come from the application, SWM, or additional information as requested by the Division, and includes, bu: is not limited to, the following: a) the quality of the receiving waters (i.e., the presence of down.strearn drinking water•imtal:es or a high quality fishery, or for preservation of high quality water); b) the size of the consp*uction site; c) evidence of noncompliance under a previous permit for the operation; • d) the use of chemicals within the stormwater system. In addition, an individual peri; may be required when the Division has shown or has reason to suspect that the stormwater discharge may contribute to a violation of a water quality standard. B. CONTENTS OF THE STORMWAT R M&NAGEMENT PLAN The SWIG shall be prepared in accordance with good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.) The main objective of the plan shall be to identify Best Management Practices (BNIPs) which when implemented will meet the terms and conditions of this permit (see Part I.C., below). The plan shall identify potential sources of pollution (including sediment) which may reasonably be expected to affect the quality of stormwater discharges associated with construction activity from the facility. In addition, the plan shall describe and ensure the implementation of BMPs which will be used to reduce the pollutants in stonawater discharges associated with construction activity. Construction operations must implement the provisions of the SWMP required under this part as a condition of this permit. The SWMP shall include the following items, at a minimum: 1. Site Description Each plan shall provide a description of the following: a) A description of the construction activity. b) The proposed sequence for major activities. • PART 1 Page 8 Permit No. COR -030000 TTE CONTENTS OF STORM -WATER MANAGEMENT PLAN (cont.) b) Materials Handling and Spill Prevention: The SWIvtP shall identify any procedures or significant materials (see definitions at Part I.D.) handled at the site that could contribute pollutants to runoff. These could include sources such as: exposed storage of building materials, fertilizers or chemicals; waste piles; and equipment maintenance or fueling procedures. Areas or procedures where potential spills can occur shall have spill prevention and response procedures identified. Measures to control stormwater pollution from dedicated concrete batch plants or dedicated asphalt batch plants covered by this certification, must be identified in the SWMP. 4. Final Stabilization and Longterm Stormwater Management _ The plan shall include a description of the measures used to achieve final stabilization and measures to control pollutants in stormwater discharges that will occur after construction operations have been completed. Final stabilization is reached when all soil disturbing activities at the site have been completed, and uniform vegetative cover has been established with a density of at least 70 percent of pre -disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this permit, establishment of a vegetative cover capable of providing erosion control equivalent to pre- exstinc conditions at the site can be considered final stabilization. The permittee will be responsible for providing to the. Division the documentation to make this comparison. The Division may, after consultation with the permittee and upon good cause, amend the final stabilization criteria for specific operations. 5. Other Controls go, The plan shall include a description of other measures to control pollutants in stormwater discharges, including piens for _ waste disposal and ]inviting off-site soil trachdng.. _ _ _ __ _. Inspection and Maintenance The plan shall include a description of procedures to inspect and maintain in good and effective operating condition the vegetation, erosion and sediment control measures and other protective measures identified in the SWMP. C. TERMS AND CONDITIONS 1. General Limitations _ The foIlowing_hrnifations shall apply to all discharges covered by this permit: a) Stormwater discharges from construction activities shall not cause or threaten to cause pollution, contamination or degradation of State waters. b) Concrete wash water shall not be discharged. to state waters or to storm sewer systems. c) Bulk storage structures for petroleum products and other chemicals shall have adequate. pz<otection. so as to contain all spi115 and prevent any spilled material from entering State waters. • d No chemicals are toz bc:added to the 4ischarge un,p le ermission for:,the use of a specincFchemical is granted by z -� y4 qz, r.q *i'�i't..! e • .. the Divisions In grantiag,the, use o fsu h chermcals, pecial, onditions and monttonng maybe addressed by separate letter..' Th : 7ivistonreser'es the Hcht to require.sampling and testing, on'a case-by-case basis, in the event that there is reason to suspect that compliance with the SWMP u a problem, or to measurc;the effectiveness of the B1vLT's in repo' .ng pollutants to the effluent Such rr?onitorine'may LIcludc rTl Whole Euent Toxicity testing. ::?J -E .-ND CONDITIONS tcont.) 2) PART i Page 10 Permit No. COR -030000 Based on the results of the inspection, the description of potential pollutant sources, and the pollution prevention and control measures that are identified in the SWMPsha11 be revised and modified as appropriate as soon as practicable after such inspection. Modifications to control measures shall be implemented in a timely manner, but in no case more than 7 calendar days after the inspection. 3) The operator shall keep a record of inspections. Uncontrolled releases of mud or muddy water or measurable quantities of sediment found off the site shall be recorded with a brief explanation as to the measures taken to prevent f.rure releases as well as any measure taken to clean up the sediment that has left the site. This record shall be made available to the Division upon request. b) Completed Sites - For sites where all construction activities are completed but final stabilizationhas not been achieved due to a vegetative cover that has been planted but has not become established, the permittee shall make a thorough inspection of their stormwater management system at least once every month. When site conditions make this schedule impractical, permittees may petition the Division to grant an alternate inspection schedule. These inspections must be conducted in accorriPnce with paragraphs 1), 2), and 3) of Part I.C.5.a. above. c) Winter Conditions - Inspections, as described above in a) and b), will not be required at sites where snow cover exists over the entire site for an extended period, and melting conditions do not exist. This exemption is applicable only during the period where melting conditions do not exist. Regular inspections, as described above, are required a: all other tines. 6. Reporting No regular repordaig requirements are included in this permit; however, the Division reserves the right to request that a copy of the inspection reports be submitted. S«M:P Submittal Upon Reouest Upon request, the permittee shall submit a copy of the SWM to the Division, EPA or any local agency in charge of approving sediment and erosion plans, grading plans or stormwater management plans. All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of the CWA. The owner or .operator of a facility with stormwater discharges covered by this permit shall make plans available to members of the public upon request, unless the SWMP has been submitted to the Division. However, the permittee may claim any portion of a SWMP as confidential in accordance with 40 CFR Part 2. D. ADDITIONAL DEFINITIONS For the purposes of this pe. -mit: 1. BAT and BCT: (Best Available Technology and Best Conventional Technology) Technology based federal water quality requirements covered under 40 CFR subchapter N. 2. Best management practices (BMPs): schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from material storage. 3. Dedicated asphalt plants and concrete plants: portable asphalt plants and concrete plants that are located on or adjacent to a consouction site and that provide materials only to that specific construction site. PART Page 12 Penni: No. COR -030000 (cont.) 4) in the case of a municipal, state, or other public facility, by either a principal executive officer, ranlang elected official, or other duly authorized employee. b) Changes to authorization. If an authorization under paragraph a) of this section is no longer accurate because a Cif_erent individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph a) of this section must be submitted to the Division, prior to or toeethe.r with any reports, information, or applications to be signed by an authorized representative. c) Certification. Any person signing a document under paragraph a) of this section shall make the following certification: "I cerdry under penalty of law that this document and all attachments were prepared tinder my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted_ Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for lmowing violatiors." Retention of Records a) The permittee shall retain copies of the SV,TMP and all reports required by this permit and records of all data used to complete the application to be covered by this permit, for a period of at least three years from the date that the site is finally stabilized. b) Tae permittee shall retain a copy of the SW/vSP required by this permit at the construction site from the date of project initiation to the date of final stabilization, unless another location, specified by the permittee, is approved by the Division. PART II MANAGEMENTREQt7EMMENTS 1. Change in Discharge The permittee shall inform the Division (Permits Unit) in writing of any intent to sicrnificantly change activities from those indicated in the permit application (this does not include changes to the SVvrIP). Upon request, the permittee shall famish the Division with such plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. The SWMP shall be updated within 30 days of the changes. The permince shall submit this notice to the Division within two weeks after making a determination to perform the type of activity referred to in the preceding paragraph. Any discharge to the waters of the State from a point source other than specifically authorized by this permit is. prohibited. Special Notifications - Definitions a) Spill: An tmintentional release of solid or liquid material which may cause pollution of state waters. b) Upset An exceptional incident in which there is unintentional and temporary noncompliance with penit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate neattnent facilities, lack of preventative maintenance, or careless or improper operation. • P.y.RT II Page 14 Permit No. COR -030000 til=: = \ _ _ (ooh ^) Toe permittee complied with any remedial measures required under Section 122.7(d) of the federal re gulanoM'S. c) Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 7. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the`State. 8. Minimization of Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 9. Reduction. Loss, or Failure of Treatment Facility Tne permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain compliance with its permit, control production, or all discharges, or both until the facility is restored or an alternative method of treaznent is provided. It shall not be a defense for a oermittee in an enforcement action that it would be necessary to halt or reduce the pt. -mined activity in order to maintain compliance with the conditions of this pe. -mit. 10. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) Which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. B. RESPONSIBIL11tS 1. Inspections and Right to Entry The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator, and/or their authorized representative, upon the presentation of credentials: a) To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b) At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and c) To enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing permittee staff on alleged violations, and access to any and all facilities or areas within the permittee's premises that may have any effect on the discharge, permit, or alleged violation. • PART 1. ?=2e 16 Perini: No. COR -030000 Tal E. 7,er:nit; o- ceraacation under this permit, may be modified in whole or in part to include new effluent 1' noes and other appropriate conditions where data submitted puts iani to Part 1 indicates that such effluent limitations and conditions are necessary to ensure compliance with applicable water quality standards and protection of classified uses. E) A: the request of the perminee, the Division may modify or inactivate certification under this permit if the followina conditions are met: 1) In the case of inactivation, the perrainee notifies the Division of its intent to inactivate the certification, and certifies that the site has been finally stabilized; 2) In the case of inactivation, the permittee has ceased any and all discharges to state waters and demonstrates to the Division there is no probability of further uncontrolled discharge(s) which may affect waters of the State. 3) The Division finds that the perminee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modification, amendment or inactivation; 4) Fes requirements of Section 61.15 of State Discharge Pe.-rnit System Regulations have been met; and 5) Requirements of public notice have been met. For small construction sites covered by a Qualifying Local Prog=aT, coverage under this pe=it is automatically terminated when a site has been finally stabilized. 5. Permit Violations • • Fahr: to comply with any terms and!or conditions of :his permit shall be a violation of this permit. Dischargers of stormwater associated with industrial activity, as defined in the EPA Stormwater Regulation (40 Li -R. 122.26(b)(14), which do not obtain coverage under this or other Colorado general permits, or under an individual CDPS permit regulating_ indusn-ial stormwater, will be in violation of the federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101. Failure to comply with CDPS permit requirements will also constitute a violation. Civil penalties for such violations may be up to 510,000 per day, and criminal pollution of sate waters is punishable by fines of up to 525,000 per day. Lepa1 Responsibilities The issuance ofthis permit does not convey any properry or water rights in either real or personal property, or stream flows, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any ir±ingement of Federal, State or local laws or regulations. Noting in this permit shall be construed to preclude the institution of any legal action of relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 (Oil and Hazardous Substance Liability) of the Clean Water Act. Severability The provisions of this permit are severable. if any provisions of this permit, or the application of any provision of his permit to any cicurnstance, is held invalid, the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. STORM WATER MANAGEMENT PLAN EnCana Oil & Gas (USA) Inc. INTRODUCTION This Storm Water Management Plan (SWMP) has been prepared for various oil and gas drilling, completion and producing locations within the field provided above in order to identify Best Management Practices (BMPs) which will be implemented to meet the terms and conditions of the Colorado Permit for Storm Water Discharges Associated with Construction Activity. The SWMP has been prepared in accordance with good engineering, hydrologic, and pollution control practices, and is designed to constitute compliance with Best Available Technology (BAT) and Best Conventional Technology (BCT), as mandated under the Federal Clean Water Act and the Federal Water Pollution Control Act as well as rules and regulations promulgated by the Colorado Department of Public Health and Environment (CDPHE). This SWMP is intended to prevent or minimize the negative impact of soil erosion on the water quality of tributary streams (U.S. waters) and their upgradient water sheds by developing effective engineering -design and construction practices. Under state and federal laws, a SWMP is now required for new construction sites that represent a surface area disturbance greater than 1 acre (43,560 flz. PROJECT DESCRIPTION EnCana Oil & Gas (USA) Inc. is constructing or has constructed various facilities (See Appendix A) associated with oil & natural gas well drilling, completion and production. The general construction sequence for each facility will consist or has consisted of the following: • Clear vegetation and establish perimeter stormwater control; • Remove and stockpile topsoil , grade and compact the project areas level, and clear and grade right-of-way; • Excavate reserve pit, and/or ROW; • Move in drilling or construction equipment; • Remove all equipment and move in completion equipment to complete well; • Remove all completion equipment and install semi-permanent production equipment; and • Re-seed/reclaim the remaining disturbed area with uniform vegetative cover to at least 70% of pre -disturbance levels. The total area of surface disturbance for each facility ranges from 1-5 acres. There are no wetland acreage in the area of the Facilities covered under this SWMP. The runoff coefficients for the locations within project area are expected to vary between 0.10 to 0.30 and are not expected to change significantly following construction. The project areas ranged from flat unimproved rangeland to mountainous areas with steep slopes. The most common substances that could be spilled within the project area are: 1) fuel and lubricants for construction equipment and vehicles; 2) water or gel based frac fluids (surfactant, friction reducer, acid, potassium chloride) used during completion; 3) produced water; and 4) produced crude oil/condensate. No non -storm water components of storm water discharge such as irrigation return flows or spring discharge are anticipated. The potential receiving water body for surface water drainage from the various facilities will be the Colorado River located approximately 4 miles north of the center of the field. SITE MAPS A topographic map of the project area showing the locations of the facilities covered under this plan is presented as Figure 1. I• Best Management Practices for Storm Water Management Erosion and Sediment Controls Erosion control will be accomplished through a combination of construction techniques, vegetation, and structural features. 1. Structural Practices The following are structural site management practices, which will minimize erosion and sediment transport. a. To minimize disturbance associated with installation of a facility, level and gently sloping terrain outside the project area will not be graded, except where reasonable for construction equipment stability and fire safety. b. Silt barriers (e.g. brush dams, rock filter dikes, silt fences, hay bales, or water bars) will be installed as needed on down -gradient portions of the project area. c. Side hill cuts will be kept to a minimum to protect local resources while providing a safe and stable plane for the efficient and safe use of equipment. d. Where conditions warrant, erosion control structures such as berms, water bars, diversion or collection channels, terraces, or culverts will be constructed to divert water away from the project area and to reduce soil erosion along and adjoining areas disturbed during construction. e. In areas of steep slopes that are not annually cultivated, water bars or runoff diversions, will be installed as indicated in Table 1. The water bars will begin and end in undisturbed ground at a 2% slope. f. Culverts may be installed at a grade ranging from 2-5 percent. Inlet protection may include inlet aprons and rock armoring around the culvert perimeter while below grade inlet sumps may be installed to enhance deposition. Outfall protection may include the use of a rock armored splash pad to slow water. Table 1 Spacing for Erosion Control Structures Slope Diversion Spacing (Feet) 5-15% 300 16-30% 200 30+ % 100 2. Implementation of Structural Practices a. Construction sites may utilize vegetative filters, brush dams, rock filter dikes, silt fences, straw bale dikes, water bars, or equivalent sediment controls installed so as to protect down slope surface waters, wetlands and roads from sediment flow due to runoff from a storm event. b. All grade surfaces, walls, dams and structures, vegetation, erosion and sediment control measures and other protective devices used for erosion control will be maintained, repaired and restored as appropriate. c. All erosion control structures will be inspected at least every 14 days before implementation of the reclamation phase and within 24 hours after a storm event of 1.0 inch or more. Under normal circumstances, deficiencies will be repaired in a timely manner. The designated Inspector will maintain documentation of inspections, findings and corrective actions. 3. Site Preparation a. Existing cover will be removed only where necessary for the operation of equipment. In general, vegetation will be cut off near ground level leaving the root system intact. Cuttings may be stacked into a brush dam, distributed along the contour across reclaimed areas during reclamation or disposed of as directed by the landowner/agency representative. b. Trees and large shrubs that are not cleared from the site will be protected from damage during construction by avoiding them with equipment. For example, bulldozers will maintain their blades in a raised position except for areas designated for clearing or to smooth out sharp breaks in relief. c. Grading outside the project area will be done only when necessary for the safe operation of equipment and for fire protection. d. Trees will be cut or trimmed only to facilitate clearing, grading, and safe installation. 4. Excavation a. Excavated materials will be stored next to the excavation to protect the material from vehicular and equipment traffic. As required by the COGCC Reclamation Regulations all excavation operations on cropland shall separate and store the various A, B, and C soil horizons. b. Excavation in sensitive areas may be conducted according to special techniques as specified by the landowner/agency representative. c. Excavated surface materials will be utilized as backfill when practicable. An exception may be some rock excavated by blasting. In these areas, some select backfill may be required to protect the project area. Excess rock may be pushed into rock filter dikes, used in energy dissipation zones below culverts, constructed into rock check darns within grassed swales, distributed over a portion of the project area or disposed of off- site. d. All cuts made in steep rolling terrain during construction will be regraded and contoured to blend into the adjoining landscape and to reestablish the natural drainage patterns. e. Materials that are unsuitable for use as backfill or excess backfill material will be disposed at approved locations. 5. Streams and Wetlands a. During construction near perennial streams, lakes or wetlands, sedimentation (detention) basins, straw bales, or fabric filters may be constructed to prevent suspended sediments from reaching downgradient watercourses, streams, lakes or wetlands. b. Disturbance of riparian and wetland areas will be kept to the minimum needed for construction and installation. c. The first 1.0 feet of topsoil from wetlands will be salvaged and redistributed over the trench as quickly as reasonably possible following installation of the pipeline. The seeds, roots, rhizomes, tubers, and bulbs present in the topsoil will enhance and help speed up reclamation of wetlands disturbed by construction. d. Where appropriate, water bars or sediment filters, such as staked straw bales or silt fences, will be constructed adjacent to the crossings to reduce potential sedimentation in streams or wetlands. Trenching will cross dry streams. Small flowing streams will be crossed by fluming or trenching with a downstream silt barrier to reduce downstream sedimentation. Materials Handling and Spill Prevention Hazardous materials and petroleum products to be used in construction of the Facility are limited to fuel and lubricants for construction equipment and vehicles; small quantities of paints and solvents; water or gel based frac fluids (surfactant, friction reducer, acid, potassium chloride) using during completion; produced water; and, crude oil/condensate. Refueling and lubrication of vehicles will be conducted a minimum of 100 feet back from flowing streams and wetlands. Spills will be promptly cleaned up and contaminated materials hauled off-site and disposed of/recycled properly. Quantities of materials on site will be limited to "as -needed" for the immediate operations underway. Other Controls All wastes from materials imported to the construction site are to be removed for disposal/recycling to an appropriate licensed disposallrecycling facility, including sanitary sewage facilities (typically portable). No wastes of imported materials shall be buried, dumped, or discharged to waters of the State. There are no other pollutant sources from areas other than construction areas expected. To prevent tracking of sediment onto public roads, the proposed facilities shall have, at a minimum, compacted ingress and egress areas adjacent to public roads. Other means such as using gravel, scoria, or cattle guards may be utilized if appropriate. Maintenance Maintenance will be the responsibility of the Company. Maintenance will be performed on an as -needed basis based upon the results of inspections conducted at the site. INSPECTION Inspections will be conducted at least every 14 calendar days and within 24 -hours of any precipitation event exceeding 1.0 inch during construction and prior to initiating reclamation. After reclamation has been initiated inspections will be conducted at least every 30 -calendar days and within 24 -hours of any precipitation event exceeding 1.0 inches until uniform vegetative cover of at least 70% of pre -disturbance levels has been achieved. Inspections will be documented and these records kept on file for three years following reclamation. All negative inspection results will be corrected as soon as practicable. FINAL STABILIZATION AND LONG-TERM STORM WATER MANAGEMENT 1. Reclamation a. Unless otherwise directed by the landowner or the jurisdictional authority, rocks, cut vegetation and other surface material temporarily stockpiled for construction will be redistributed back across non -fenced portions of the project area following construction. b. Disturbed areas will be seeded using seed mixes appropriate to the location. Local soil conservation authorities with the U.S. Natural Resources Conservation Service, surface owners and/or reclamation contractors familiar with the area may be consulted regarding the correct seed mix to be utilized. c. On terrain where drill seeding is appropriate, seed may be planted using a drill equipped with a depth regulator to ensure proper depth of planting. The seed mix will be evenly and uniformly planted over the disturbed area. Drilling will be used where topography and soil conditions allow operation of equipment to meet the seeding requirements of the species being planted. d. Broadcast seeding will occur on steep terrain and on areas such as where the cut vegetation and rocks were redistributed over the right-of-way. e. Seeding will be done when seasonal or weather conditions are most favorable according to schedules identified by the jurisdictional authority, reclamation contractor, or landowner. Whenever possible, seeding will be timed to take advantage of moisture, such as early spring or late fall to benefit from winter precipitation. f. Seed mixes will be planted in the amount specified in pounds of pure live seed/acre, where necessary. There will be no primary or secondary noxious weeds in the seed mix. g. The reestablishment of vegetative cover as well as watershed stabilization measures will be scheduled during the working season and before the succeeding winter. In any case, revegetation treatments will be accomplished as soon as practical following completion of facility construction. h. In general, the applicable portions of the project area will not be mulched during reclamation and revegetation. Mulch will only be applied at the request of the jurisdictional authority in areas where the cut vegetation and rocks are not redistributed over the disturbed area. (The cut vegetation and rocks will act like mulch in the areas where they are applied.) Where straw or hay mulch is requested, the mulch will be applied and crimped into the soil. The need for fertilizers will be detennined in conjunction with the jurisdictional authority. If fertilization is necessary, the rates of application will be based on site- specific requirements of the soil. 2. Post -Construction Structural Measures a. Permanent water bars will be installed on steep slopes according to Table 1 and at wetland and stream crossing boundaries. b. Trench plugs will be installed on steep slopes according to Table 1 and at wetland and stream crossing boundaries. c. After restoration work is complete, required repairsto vegetation, erosion, and sediment control structures will be completed along with routine scheduled pipeline inspections and/or in response to other notification. STORMWATER MANAGEMENT PLAN MAMM CREEK TO PUMBA PIPELINE LOG Information to be included: • Records of spills, leaks, or overflows, including time and date, weather conditions, etc. • Implementation of specific items in the SWMP • Training events • Events involving materials handling and storage • Contacts with regulatory agencies and personnel • Notes of employee activities, contact, notifications, etc. • Maintenance and repair of stormwater management controls • Preventative maintenance activities • Inspection activities EnCana River Water Pipeline Mineral Owner a. C O 1-- C O w N - ! LO O N 0 1-- 0) O Ua) OI Q co aa)) cMD 0) coo ' O Ll X0((0 A N -1 Z H > m 7 0 (j) 0 U Y > (O (Ln�Q� L w — (0 � _O r0 0) �t — C — 0 co V',N N N N O CO 0 0 12C O 0 LO 0) LO O O 0 N M ‘- CO N CO 10 c 0 LOCOO O 0 0 CO 0 a C O O E O110 O .L. fT 8 0 L O co • Uj _o O o N r O U U W CO CO N O O X 0 CCI CvtO O Q) O M o co r 0 cri 0 Tys LL L(') o L 0 m Lo _ O N Q a) m *L N 0(7) o L U c u- W N- o rO M 15805 Country Lane Platte City, MO 64079 O O N 0) C O 0 0 (a J -t > 7 0 O o- ( 2 o) .� C O O 0 0 LO MN co M M Estate of Grace M. Mott N 0 C CD — O Jakbek LTD D_ Q c C as 0 O_ C 0c E E >, J (1) E J 0 a) LL •L 0 0 a) 0 C E C a) O 0 L 0 LC U 'Cr.) 0) c .0 (1) • J CO -o L E > J O� >, � ° u_ O O O ,c2)O a) OZS 2 0 n. LE - cc) Y a� E YRS co a. 0_ 8024-306-07-000 o O'O 0 0 0 O 0) r L 7 7 (n () r N- 8024-246-07-000 8024-102-07-000 8024-189-07-000 8024-190-07-000 0 O 9 rn N O CO it)0) 7) a) a) a) co co co O 0) 6) .0.0.0 7 7 (n U) 0 N- r r N, r r 8024-193-07-000 0) Q) a) a) co MM O O O N CO O L O 0) r O 0 0 ti O LO O N 0 CO 0) co O L L 7 U) CO O O O O O r - O 0 O N O CO 8024-197-07-000 ra 0) ) 0)) CO CO 0) N C) 0 U (O U Z P.O. Box 242 O CO CO M vi- °? co co rM O 0 r N 0 U oS) cn Q • C a GO CD (1) U E Q U 7 Y C a) a) o Q U 0 0) 0 O 0) O_ C L E t U Z 6) co O - CO 0) 1046 Lakeside Drive 10 1"1- O O O Lf) N 0 00 LO CO N- 0) ory J O E E O 4) c/) 0) W Z 0 a) 0 O 0 U CD fl (i) O tCOO O CO CO N Joe O. & Janice R. Anfenson N co a) U C Diane M. & Luke Jenner John Defore Lucille Defore 0 N TD a) O N o 0 0_ (`o a) L L o CO 0 off$ > '0 L O O o = 0 C N C 0 L O0 O 0) / 0) 0) a) a) a) co co co co O O O O L L 7 N- N- 7 7 0 0 0 r r r 0) a) a) aa)) co co co O co) O L L 7 r r 0) a) CO Cr) a) M O 0) a) co O O o o O O O r-- 12) -10 co' 0 0 O ti O r - O 0 9 O co 0 0 O O 0) N N 0 CO N N 0 CO N N 0 CO N N 0 CO N N 0 O 8024-221-07-000 M O L L L L L 7 7 7 7 7 0)0)0)0)0) r- r r r r 0 CO 0 0 0 0 0 0 • • 711 M O L 0 (n O O CO O O a) M O N co O 0) a) co O N a>) co O 8024-223-07-000 0)) co O L L L L L 0 0 0 0 0 (00)0)0)0) N- r r r r CO O CO O (D 93 West' 8024-059-07-000 L 7 O O Cordilleran Compliance Services, Inc. Mineral Owners EnCana River Water Pipeline Mineral Owner N O co ch CO O 10 CO 0 U c O U 0 co O 0 N N 0 CO w 0 co O .C71- 0 O O CO 0 0 c O U C 0 a) a) t co LO 0 CD 71- ""4 - LO 0 (O O 0 U ai EY 195 County Road 297 O O O 10 co 0 U c ti O P- t) co ID O c U 0 C0 o) C C - 'W (0• 0) Q O Q (O7 t6 a C) a) a) ( 0 L j0 c r O Z CV CO 0 LO0 CO CO O O O O _N 4 N O 0 17> a) M co.) L O 0 O O o ti 0 co N r hester E. Wittner O O c)?oo) °O 0 0 0 0 CO CO 0 0 ai ai co co CO CO 03 03 C C CO O 0 O 0 0 CO CO 0 U O O 0 0 0 0 0 0 ai O E M CD 73 O 0 73 co O C ct O U 0 0 CO CO O CO LO LO CV LO r� r- r 1- C C co co c C L L O 0 Q Q 0) LL oZS w 0) 0 O O 0 0 0 0 0 o O O O N- ; r; o O o O O) co T N- CV CO CO LO 4 4 V N N N N N 0) 0 0 0 0 CO (0(0(0(0 a) M O N O CO CO O 0 0 0 0 c 0 U c m 0 0 0 CO 0 U C O o C -o C C9 c0 a) Oco co Q) N1.0 CNO CO CO O O O 0 O 0 O 4 N 0 CO 0) co co) 8024-069-07-000 8024-058-07-00 8024-125-07-00 c' O 0 CO 0 U C 0 U C c m 0 a) a) t (6 d 10 O' (D a C C 7 0) LL LL. J c (a a) -3O 0 O O Co N 4 N 0 0 J C CO 0 O 0 0 ti O f` N 4 N O CO a) M O N a) M O 195 County Road 297 Rifle, CO 81650-9744 0 0 0 T- 0 0 U c 0 U c c m CD M 0 N 0. CO O 0 O O 0 r L0 1-C°O �- 00>, 0 U 0 a) c w 0 U C 03 0O U esj (5 CO 0) 0) a) a) >'>? to 0 0fX L L m CO O _O% r c = _ O a) a) r U C6 03 X 0 0 m N- N- O O O 0 - CV N N CO a) 0 .E O LL O N 8024-128-07-000 (n N CO CO 0) 0) m co J (O c C 0 0 O r-- 9 O O N N 0 CO a) C >4 (O -J T CO 2 (O 0 (O P.O. Box 1141 N O O 0 o 1O 0 0 0 CO 0 0 c0 o c .0 O C U 7 C -c -, C D c 0 2 0 V C co` U ~ 2 as C 0 (n J O O 0 F- 0 = O C - C COco J 0 U O CJco c c L 062 m 2 m a) c N co O � CE ' CO COa) (6 O L 0 C76 = 2 0 0 0 J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r. r� r. N- r� r 00 0 0 0 0 N O '4 LO CO N- CV r T 4- T 4- 0 O O 9 0) L 0) 0373 - 0) N U• ` LL Li C J J co c c co co W . 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Mineral Owners EnCana Riv L a) 0 a) Section I Township Range I Parcel Number 3129 280th Street NW Stanwood, CA 98292 U3 ON O Q CO 0)0 Q a) .)c) ai cs)� 0 O 03 uw c/) 4,i . Z (6 73 } w ioCO c a) > 0 (s a) p c (1) T3.C w 85 C6 O 0 N f C3) C_ 471- V N N N u) a) CCEL; W O c Oa) N 0 c 'L N O O m U) co CL c Q 93 West 8024-324-07-000 8024-306-07-000 OO 0 O o O O O O O O N- co o O O (o co co 44 I 4 4 N N N O 0 O CO CO CO N (1) 0)) (1) a) () (_) co (h O O CS) O 0 O U) co i L L L 0 7 0 O O O O U) (n W U) CO O CO CO ((O CO O (D (O CO CO CO CO CO • • Cordilleran Compliance Services, Inc. Mineral Owners