HomeMy WebLinkAbout1.21 Modified information response submittalencanaT.
natural gas
OFFICE COPY FEB 0 8 20 i1
GARFIELD COUNT '(
BUILDING & PLANNING
High Mesa Discharge
Pipeline
Garfield County
Pipeline Development Plan
MODIFIED INFORMATION
RESPONSE SUBMITTAL
February 8, 2011
Permitting/South Rockies Construction :
Pi eline Construction Renata Busch
l
encana ..
natural gas
EnCana Oil & Gas (USA) Inc.
2717 County Road 215
Suite 100
Parachute, CO 81635
tel: (970) 285-2825
fax : (970) 285-2691
renata .busch@encana .com
www.encana .com
February 8, 2011
Molly Orkild-Larsen , Senior Planner
Garfield County Building and Planning Dept.
0375 County Road 352, Building #2060
Rifle, CO 81650
RE: High Mesa Discharge Pipeline: Pipeline Development Plan Review for a 16-inch
natural gas pipeline-PDPA-6713
Response to January 28, 2011 Technically Incomplete Letter
Dear Molly,
The following comments in blue address each of your concerns with regard to your January 28,
2011 technically incomplete letter as it relates to the High Mesa Discharge Pipeline
Development Plan. Additionally , you will find the corresponding attachments (modified
information) contained within the three (3) submittal copies as you requested . The numbers
indicated throughout this letter correspond with the tabs.
C. Ownership
•
•
Encana Ownership Documents -The Deed included shows ownership by TBI
Production Company, but the Merger document shows a merger between Encana Oil
and Gas (USA) Inc. and TBI Pipeline Company. The County needs to see some
documentation that TBI Production Company is the same as TBI Pipeline Company, or
that Encana merged with TBI Production Company .
(1) Enclosed is a Corporate Merger Document indicating certificate of ownership, which
m erges: "TBI Production Company", a Delaware Corporation, with and into "Tom Brown,
Inc." under the name of "Tom Brown, Inc.".
Larry and Karen Klebold -The Pipeline and Right-of-Way Grant permits no more than
two pipelines, but it appears that Encana already has two existing pipelines on the
Klebold property (an existing 20" pipeline and an existing 6" pipeline). Please explain
how two additional pipelines can be permitted.
The existing pipelines were authorized under a previous agreement with the surface
owner. The pipeline ROW agreement which was provided is specific to this application.
Therefore, two pipelines are being authorized for this application/project as agreed to via
the signed document by Klebold on 12113110.
• Linda Jones -The County has the same question as with the Klebolds. The Right-of-
Way (ROW) Easement is limited to two pipelines; but there already appears to be an
existing 6" Encana pipeline . How are an additional two pipel ines going to be allowed?
Same as above; two pipelines are being authorized for this application/project as agreed
to via the signed document by Jones on 07129110.
• Larry Knox -The County has the same question as w ith the Klebolds . O n the Site Plan ,
it looks like there are already three Encana pipelines in the SW1/4 NE1 /4 , Sec. 3 , T8S ,
R96W, but only two pipelines are perm itted per the ROW Easement.
Same as above; two pipelines are being authorized for this application/project as agreed
to via the signed document by Knox on 09115/10.
D. Notice of Surface Owners
• Please provide evidence of surface owner notification.
(2) Surface owner notification is evident by the recorded Pipeline ROW Easement; as
these agreements have been negotiated with , and are signed for by, the surface owners.
Section II. # 8. Page 4 of the Application has been revised indicating the above
statement. N e.!Ui &--<;;fTh'ed ~ lwfl !t~
N. Traffic Impact
• What County Roads will the construction traffic be using and what pe rcentage of the
construction traffic will travel on each County Road ?
(3) Encana construction traffic for this project will use Wallace Creek and Spring Creek
Roads (CR 306). Of the anticipated types of vehicles and number of each type provided
in the original submittal, it is estimated that approximately 75% of our construction traffic
will utilize these roads in order to access the project ROW Section II . # 17. page 10 of
the Application has been revised indicating the above statement.
Article VII-Section 7-815
Please clarify the following :
B. Noise Abatement
• It is mentioned in the application that " ... the sound wall w ill most likely be extended over
the new compressor." I'm only familiar with sound walls that are built along highways.
Is the sound wall that is mentioned an acoustically insulated housing or cover?
(4) Upon further review, it has been determined that the compressor unit will be housed
in an acoustically insulated building. The appropriate building permit will be
obtained from the County Building Department. Section Ill. # 2. Page 12 of the
Application has been revised indicating the above statement.
2
P. Hydro Test Water
• How will the hydro test water be collected and transported to either the Benzel or Mesa
Water Treatment Facility?
(5) We plan on filling the pipeline from the Wallace Creek end with water from our 8-inch
river water line. Once the test is complete the water will then be sent via one of our water
pipelines, possibly to our pads for tracing, or up to Encana's High Mesa Water
Treatment Facility (WTF); this being our best option. If Encana's Benzel WTF needs
water we could possibly truck the water there; this would be our last option due to the
cost of trucking the water. Section II. #19. Page 10 of the Application has been revised
indicating the above statement, as well as the statement below regarding permissibility
of discharge into our WTF's.
• Please provide an opinion from Encana's water lawyer indicating that discharge of the
water into the Benzel and Hunter Mesa Water Treatment facilities is permissible.
(6) Discharge of the water into Encana owned Benzel and/or Hunter Mesa Water
Treatment facilities is permissible and an opinion letter from Encana 's water lawyer has
been provided.
I feel that I have adequately addressed each of your concerns and that this submittal is
sufficient to allow for the approval process to move forward . Please do not hesitate to contact
me with questions or concerns .
Ren ta-Busch
Permitting/South Rockies Construction
Cc: Floyd Alvey , Encana Field Operations Coordinator
Bob Anderson, Encana Construction Coordinator
John Leacock, EnCana Land Negotiator
Dewey Neely, Encana Field Construction Leader
Wally Taylor, Encana Facilities Engineer
Encl: 3 Packets containing letter and above-referenced material :
(1) Corporate Merger Document
(certificate of ownership, which merges: TBI Production Company
with and into Tom Brown, Inc.)
(2) Revised Application Page: Notice of Surface Owner Notification
(3) Rev ised Application Page: Traffic Impact
(4) Revised Application Page: Noise Abatement
(5) Revised Application Page: Hydro Test Water
(6) Opinion Letter from Encana Water Attorney
3
TABLE OF CONTENTS:
(1) Corporate Merger Document
(certificate of ownership, which merges: TBI Production Company
with and into Tom Brown, Inc.)
(2) Revised Application Page: Notice of Surface Owner Notification
(3) Revised Application Page: Traffic Impact
(4) Revised Application Page: Noise Abatement
(5) Revised Application Page: Hydro Test Water
(6) Opinion Letter from Encana Water Attorney
I
' .
Corporate Merger Document
RE: TBI Production Company I Tom Brown, Inc.
State of Delaware
Office of the Secretary of State PAGE 1
BooK2553 PAGE544
1889547 02/22/99 !O!IAM
HUNJKt't T 000 (;u:t.REC nESII COUNTY Co
REcFEE $5,00 S•!RCHG H.OO
I, EDWARD J . FREEL, SECRETARY OF STAT!! OF' THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE CERTIFICATE OF OWNERSHIP, WHICH
MERGES:
"TBI PRODUCTION COMPANY', A DELAWARE CORPORA'HON,
WITH AND INTO "TOM BROWN, INC." UNDER THE NAME OF "TOM
BROWN, INC.", A CORPORATION ORGANIZED AND EXISTING UNDER THE
LAWS OF THE STATE OF DELAWARE, WAS RECEIVED AND FILED IN THIS
OFFICE THE TWENTY-FOURTH DAY OF NOVEMBER, A.D. 1998, AT 9
O'CLOCK A.M.
AND I DO HEREBY FURTHER CERTIFY THAT THE AFORESAID
CORPORATION SHALL BE GOVERNED BY TBE LAWS OF TBE STATE OF
DELAWARE.
AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF
TBE AFORESAID CERTIFICATE OF OHNERSHIP IS THE TWENTY-FOURTH DAY
OF NOVEMBER, A.D. 1998.
2118?42 8330
9815103?1
Edw(lrd J. Freel, Sf!cretary of State
AUTHEN'llCATIOK 9515?41
DATE: 01-12-99
8 . Notice to Surface Owners . Provide evidence of surface owner notification and of
surface use agreements where the surface owner is not a party to the mine ral lease .
S w face own er n otification is eviden t by the recorded Pipelin e R OW Easement; as these
agree ments have been negotiated with, and are s ig n ed for by, the s urface owne rs. ROW
Easements ar e rovided in Attachm en t 2.
9 . Regulatory Permit Requirements . Submit a table indicating the permit agency (local,
state , federal) name , permit action driving task and the task to be performed to
obtain the permit, prior to issuance of the permit by the County .
R equired Permits
A_g_encjl_ Permit or Consultation Applicability
Federal
D epart m en t of D efense
Sacramento District Nationwide General Construction within waters of
Cmps of Engineers -Permit (NWP) 12, 404 & the United States
Grand Junction, 33 Colorado
(Notification has been
provided for these standing
permits; reference Attachment
5)
State of Co lorado
D epartment of Public Health and Environment
Water Quality Con trol Land Development GP03 Air Pollutant Emission Notice of
Division General Permit Land Development of 25 acres or
more
Air Pollution Control Co nstruction Sto rmwater Discharge of stormwater from
Division Permit a construction site
Local-Colorado
Garfield County
Bu ilding and Planning Development Plan Installation of pipelines
Road and Bridge Utility Installation Permit Crossing of County roads and
right-of-ways
10. Primary Project Participants . Include the names, address and phon e numbers of the
company representative, company and individual acting as an agent for the
company , construction company contacts, and federal and state agency contacts .
4
Garfield Co unty Road and Bridge is aware of our proposed project and has asked that
the proper Utility Permits be submitted approximately thirty (30) days prior to
construction.
Encana construction traffic for this roject will use Wallace Creek and Spring Creek
Roads (C R 306). It is estimated that aJ!Proximat ely 75 % of our construction traffic will
utilize th ese roads in order to access the project ROW Constru ction traffic will consist
of approximately 8 pickup tru cks and 2 crew tru cks, including Encana personnel, plus 2
semi-haul trucks to get the equipm ent on location and possibly a fuel truck. We will be
moving equipm ent into the project area and back out on a daily basis. The majority of
these tru cks will be making a single round trip per day to the project area. The semi-
trucks could estimate three round trips depending on equipment and pipe needs. As
always, we will make every attempt to keep the trucking numbers as low as possible.
Impacts will be temporary and will cease when construction of the pipeline is compl ete .
18. Staging Areas. Indicate the general location of the staging areas required for
pipeline construction.
Encana utilizes previously permitted locations throughou t th e route as general locations for
Tempormy Use Areas (TUAs). These TUAs are depicted on the Plan and Profile provided in
Attachment 1.
19 . Hydro-test Water. Indicate the quantity of water required, source of water and the
disposition of the water after testing.
The natural gas pipeline and the water pipeline shall be strength tested to prove its integrity and
subs tantiate the MAOP in accordance with Title 49, CFR Part 192, "Regulations for the
Transportation of Natural Gas and Other Gas by Pipeline: Minimum Federal Safety Standard".
Water will be utilized as the medium to petform the strength and leak tests. The natural gas
pipeline and water pipeline shall be hydrostatically (hydro) tested. The hydro test will require
approximately 246,000 gallons of water. The water will come from Water Rights that Encana
holds on the Colorado River. Encana 's Water Rights Deed and Statement of Opinion (re :
availability of water) are provided in Attachment 2. After the completion of the hydro test, th e
water will be discharged into either Encana 's Benzel or Hunter Mesa Water Treatment Facility.
An opinion l etter from Encana 's water attorney, indicating permissibility of discharge into our
WTFs is also provided in Attachment 2.
We plan on filling the pipeline from the Wallace Creek end with water from our 8-inch river
water line. Once the test is complete the water will then be sent via one of our water pipelines,
possibly to our pads for fracing, or up t o Encana 's High Mesa Water Treatment Facility (WTF),·
this being our best option. If Encana 's Benzel WTF needs water we could possibly truck the
water there; this would be our last option due to the cost of trucking the water.
20. GIS Compatible Electronic File. With the submission, provide an electronic file that
is compatible with the County's GIS system . The County's GIS is built on ESRI
10
b . All power sources used in pipeline operations shall have electric motors or
muffled internal combustion engines .
A ll equipment use d in cons tr uction and op eratio n of th e p ipelin es will co mp ly with COGCC
Rules. For proj ect f acilities, one of th e ma in features of scr een ing is the natural berm. The
compressor unit will be housed in an acoustically insulated building. The appropriate building
permit will be obtainedfrom t h e County Building Department. Operatio ns will be in compliance
with all COGCC n oise standards.
3. Pipeline operations shall be located in a manner to minimize their visual impact
and disturbance of the land surface.
a. The location of right-of-way shall be away from prominent natural features
and identified environmental resources .
b. Right-of-way shall be located to avoid crossing hills and ridges , and
wherever possible, shall be located at the base of slopes .
c . Facilities shall be painted in a uniform, non-contrasting , non -reflective
color, to blend with the adjacent landscape . Right-of-way shall be located
in existing distu rbed areas unless safety or visual concerns or other
adverse surface impacts clearly dictate otherwise.
Pip elin e r oute has bee n chosen to minim ize impact to the sw face. The maj or ity of the p roposed
ro ute will fo ll ow existing p ipelin e r ight-ofways. Clearing, top soiling, an d grad ing w ill be
limited. t o th e minimum area r eq uir ed fo r safe a nd efficient co nstruction. No p rominent natural
fea t ures or en vironmentally sensitive reso urc es will be impac ted.
Th e above g ro un d appurten an ces will be p ainted in a un ifo rm , n on-contras ting and non-
r eflective co lor.
4 . Access points to public roads shall be reviewed by the County Road & Bridge
Department and shall be built and maintained in accordance with the Garfield
County Road Specifications. All access and oversize or overweight vehicle
permits must be obtained from the County Road & Bridge Department prior to
beginning operation . All proposed transportation right-of-way to the site shall also
be reviewed and approved by the County Road & Bridge Department to minimize
traffic hazards and adverse impacts on public roadways . Existing roads shall be
used to minimize land disturbance unless traffic safety , visual or noise concerns ,
or other adverse surface impacts clearly dictate otherwise. Any new roads
created as a result of the pipeline construction, intended to be permanent for
maintenance and repair operations shall be placed behind a locked gate or other
barriers preventing use by recreational vehicles. Any gates or barriers need to be
consistent with the surface owner's preferences.
A ccess t o p roj ect site will be by ex isting roads. No new a ccess p oin ts will be co nstruct ed onto
Garfie ld Co unty R oads. Garfie ld Co unty Road and Bridge is a wa re of our p rop osed project and
has requested that Utility Permits be subm i tt ed approximate ly 30 days p rior to co nstr uctio n.
12
J
-
u
Garfield Co unty Road and Bridge is aware of our proposed project and has asked that
the proper Utility Permits be submitted approximately thirty (30) days prior to
construction.
Encana construction traffic for this project will use Wallace Cr eek and Spring Cree k
Roads (CR 306). It is estimated that approximately 75% of our construction traffic will
utilize th ese roads in order to access the project ROW Co nstruction traffic will consist
of approximately 8 pickup trucks and 2 cr ew trucks, including E ncana p ersonnel, plus 2
semi-haul trucks to get the equipment on location and possibly a fuel tru ck. We will be
moving equipment into th e project area and back out on a daily basis. The majority of
these tru cks will be making a single r ound trip per day to th e project area. The semi-
trucks could estimate three round trips depending on equipment and pipe needs. As
always, we will make evety attempt to keep th e trucking numbers as low as possible.
Impac ts will be temporary and will cease when co nstruction of th e pipeline is complete.
18 . Staging Areas. Indicate the general location of the staging areas required for
pipeline construction .
Encana utilizes previously permitted locations throughout the route as ge neral lo cations for
Temporaty Use Areas (TUAs). These TUAs are depicted on th e Plan and Profile provided in
Attachment 1.
19 . Hydro -test Water. Indicate the quantity of water required , source of water and the
disposition of the water after testing.
The natural gas pipeline and th e water pipeline sha ll be strength tested to prove its integrity and
substantiate th e MAOP in accordance with Title 49, CFR Part 192, "Regulations for the
Transportation of Natural Gas and Other Gas by Pip elin e: Minimum Federal Safety Standard".
Water will be utilized as the medium to perform th e strength and leak tests. The natural gas
pipeline and water pipeline shall be hydrostati cally (hydro) tested. The hydro test will r equire
approximately 246,000 gallons of water. The water will com e from Water Rig hts that Encana
holds on th e Co lorado River . Enca na 's Water Rights Deed and Statement of Opinion (r e:
availability of wa tet~ are provided in Attachment 2. After the completion of th e hydro test, the
water will be discharged into either Encana's Benzel or Hunter Mesa Water Treatment Facility.
An opinion letter from Encana 's water attorney, indicating permissibility of discharge into our
WTFs is als o _provided in Attachment 2.
We plan on filling the pipeline fro m th e Wallace Creek end with water from o ur 8-inch river
wa ter lin e. Once the test is complete the water will then be sent via one of our water pipelines,
possibly to our pads for /racing, or up to Encana's High Mesa Water Treatment Facility (WTF};
this being our best option. If Encana 's Benzel WTF needs water we could possibly truck th e
water th ere; this would be our last option due to th e cost of trucking the water.
20 . GIS Compatible Electronic File . With the submission , provide an electronic file that
is compatible with the County 's GIS system . The County's GIS is built on ESRI
10
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MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
JAMES R. MONTGOMERY
TIMOTIIY J. BEATON
RICHARDJ. ~EHREN
AARONS. LADD
CAROLYN R. STEFFL
WILUAM M. STENZEL
Christopher Durrant
Encana Oil & Gas (USA) Inc.
370 17'h Street, Suite 1700
Denver, CO 80202
LAW OFFICF.S
1002 WALNUT STREET, SUITE300
BOULDER, COLORADO 80302
TELEPHONE; (303) 443·8782
FAX: {303)443-8196
'!J.JLW. mwh.l'.'.:.g}ill
ADDRESS CORRESPONDENCE TO:
P. 0. BOX 1440
BOULDER, CO 80306-1440
February 8, 2011
CHARLES N. WOODIWFF
(1941-1996)
COUNSEL
RAPHAEL J. MOSES
JOHN Wl'ITEMYl!R
DAVID L. HARRISON
BY EMAIL AND MAIL
Re: Discharge of Water into Encana's Benzel and Hunter Mesa Water
Treatment Facilities for Subsequent Use in Encana's Oil and Gas
WeU Drilling Operations
Dear Chris:
This firm represents Encana Oil & Gas (USA) Inc. ("Encana") with respect to its
Colorado River basin water right matters. Encana has asked us to provide our opinion as to
whether certain of the water rights it owns that divert from the Colorado River may be used by
Encana in its oil and gas well drilling operations including, without limitation, discharge into
Encana's Benzel and Hunter Mesa water treatment facilities for subsequent use by Encana in its
oil and gas well drilling operations.
The water rights that Encana would use for discharge into the Benzel and Htmter
Mesa water treatment facilities for subsequent use by Encana in its oil and gas well drilling
operations are Encana's interest in the Unocal Pumping Pipeline water right, decreed by the
Garfield County District Court on September 5, 1952 in Civil Action No. 4004, and Encana's
interest in the Grand Junction Colorado River Pipeline water right, decreed by the Mesa County
District Court on July 21, 1959 in Civil Action No. 8303. Those two water rights are generally
decreed for industrial and other beneficial uses and water diverted under those rights may be
fully-consumed by Encana for their decreed industrial and other beneficial uses. In my opinion,
water diverted under the above-referenced water rights may be used and fully-consumed by
Encana for all uses associated with its oil and gas drilling operations including, but not limited
to, discharge into Encana's Benzel and Hunter Mesa water treatment facilities for subsequent
withdrawal and use by Encana in such operations.
MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C.
Christopher Durrant
February 8, 2011
Page 2
Please feel free to contact me if you have any questions or need any additional
information.
RJM/jab
Sincerely yours,
MOSES, WITIEMYER, HARRISON AND
WOODRUFF, P.C.
Richard J. hren