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Home My WebLink About1.04 General Application Materials_Part5Went worth Size Classes Project ID: Cross section ID: Date: Time: Cross section drawing : OHWM GPS point: ___________________________ Indicators: Change in average sediment texture Break in bank slope Change in vegetation species Other: ____________________ Change in vegetation cover Other: ____________________ Comments: Floodplain unit: Low-Flow Channel Active Floodplain Low T errace GPS point: ___________________________ Characteristics of the floodplain unit: Average sediment texture: __________________ Total veg cover: _____ % Tree: _____% Shrub: _____% Herb: _____% Community successional stage: NA Mid (herbaceous, shrubs, saplings) Early (herbaceous & seedlings) Late (herbaceous, shrubs, mature trees) Indicators: Mudcracks Soil development Ripples Surface relief Drift and/or debris Other: ____________________ Presence of bed and bank Other: ____________________ Benches Other: ____________________ Comments: Cross section ID: AES High Mesa Solar, LLC | Klebold Parcel Delineation and Proposed Jurisdictional Determination of Waters of the US Appendix D. SITE PHOTOGRAPHS AES High Mesa Solar, LLC | Klebold Parcel Delineation and Proposed Jurisdictional Determination of Waters of the US Photo 1 (W-1). Wetland W-1 is located in the northern portion of the Study Area, and is classifled as an unconsolidated bottom wetland. Photo 2 (S-1). Ephemeral stream S-1 is located in the northwestern portion of the Study Area. The riparian banks of the irrigaiton ditch are dominated by kochia (Bassia scoparia). AES High Mesa Solar, LLC | Klebold Parcel Delineation and Proposed Jurisdictional Determination of Waters of the US Photo 3 (S-2). Ephermal stream S-2 is located in the western portion of the Study Area. Photo 4 (W-2). View of unconsolidated bottom wetland W-2 in the center of the Study Area. Wetland W-2 is dominated by cocklebur (Xanthium strumarium). AES High Mesa Solar, LLC | Klebold Parcel Delineation and Proposed Jurisdictional Determination of Waters of the US Photo 5 (W-3). View of unconsolidated bottom wetland W-3 in the center of the Study Area. Wetland W-3 is dominated by cocklebur, plains cottonwood, sandbar willow (Salix exigua) and smartweed (Persicaria sp.). Photo 6 (S-3). View of intermittent stream S-3 in the southeastern portion of the Study Area. Riaprian vegetation includes spikerush (Eleocharis sp.), squirreltail, and curlycup gumweed. AES High Mesa Solar, LLC | Klebold Parcel Delineation and Proposed Jurisdictional Determination of Waters of the US Photo 7 (S-4). Intermittent stream S-4 in the southeastern portion of the Study Area. Note that the low-flow channel is along the far left in the photograph. Photo 8. Oveview of the sagebrush steppe habitat in the southern portion of the Study Area. AES High Mesa Solar – Land Use Change – Major Impact permit application (10/22/2021) AES High Mesa Solar – Garfield County 48 Please see the following pages for the Biological Resource Report – AES High Mesa Solar, LLC published in October 2021. BIOLOGICAL RESOURCES REPORT Appendix C2 OCTOBER 2021 BIOLOGICAL RESOURCES REPORT Holy Cross Photovoltaic + BESS Portfolio High Mesa Site Investigation Garfield County, Colorado Prepared for: Prepared by: AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | i Abbreviations and Acronyms AES AES High Mesa Solar, LLC BGEPA Bald and Golden Eagle Protection Act BLM Bureau of Land Management CHC Colorado Hookless Cactus CNHP Colorado Natural Heritage Program CPW Colorado Parks and Wildlife CWA Clean Water Act ESA HCE Endangered Species Act Holy Cross Energy IPaC Information for Planning and Consultation MBTA Migratory Bird Treaty Act MW Megawatt Project Holy Cross Photovoltaic + BESS Portfolio High Mesa Site UCEFP Upper Colorado Endangered Fish Recovery Program U.S.C. United States Code USDA NRCS US Department of Agricultural Natural Resources Conservation Service USFWS US Fish and Wildlife Service USGS US Geological Survey AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | ii Table of Contents Abbreviations and Acronyms .................................................................................................. Inside Front Cover 1.0 Introduction and Project Description ............................................................................................ 1 2.0 Environmental Setting .................................................................................................................... 1 3.0 Methods ............................................................................................................................................ 2 4.0 Results and Analysis ...................................................................................................................... 3 4.1 FEDERAL SPECIES .......................................................................................................................... 3 4.2 STATE SPECIES .............................................................................................................................. 5 4.3 MIGRATORY BIRDS .......................................................................................................................... 7 4.4 BIG GAME SPECIES ......................................................................................................................... 8 4.5 NON-NATIVE PLANTS (NOXIOUS AND INVASIVE)............................................................................... 10 4.6 SOILS ........................................................................................................................................... 11 5.0 Conclusion and Recommendations ............................................................................................ 12 6.0 References ..................................................................................................................................... 13 Tables Table 1: Fauna Species Detected in the Project area .................................................................................. 2 Table 2: Federally Listed Species ................................................................................................................. 3 Table 3: State Special Status Species .......................................................................................................... 6 Table 4: Weed Species Detected ............................................................................................................... 11 Table 5: Soils in the Project Area ................................................................................................................ 11 Appendices Appendix A Figures Appendix B Site Photographs Appendix C USFWS IPaC Report Appendix D USDA NRCS Custom Soil Survey Report AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | 1 1.0 Introduction and Project Description AES High Mesa Solar, LLC (AES) is proposing a paired Photovoltaic + Battery Storage (BESS) project (Project) to support Holy Cross Energy’s 2030 goal of using 100 percent renewable energy. The Project involves the development of a greenfield solar array targeting up to 16 megawatt (MW) direct current / 10 MW alternating current plus 20 megawatt hours of battery storage. The Project site is located in southeastern Garfield County, approximately 4 miles southwest of Parachute, Colorado (Appendix A: Figures 1 and 2). The Project occurs within Section 35, Township 7 South, Range 96 West. AES is in the advanced stages of design and land acquisition for the Project. Construction is scheduled to begin after May 1, 2022 and conclude within 6 to 8 months. This report analyzes the potential effects on special status species including federally listed species protected under the Endangered Species Act (ESA) [16 United States Code (U.S.C.) § 1531], Migratory Bird Treaty Act (MBTA) [16 U.S.C. § 703–712], and Bald and Golden Eagle Protection Act (BGEPA) [16 U.S.C. 668 et seq.]. The state species analyzed for effects include Colorado’s threatened and endangered species protected under Title 33. Parks and Wildlife. Article 2. Nongame and Endangered Species Conservation § 33-2-105, state species of special concern, and big game ungulate species. 2.0 Environmental Setting The Project area lies within the Shale Deserts and Sedimentary Basins Ecoregion IV (Chapman et al. 2006; CNHP 2021a). The average elevation in the Project area is about 5,525 feet. Precipitation in the Project area averages about 16 inches annually, with most accumulation occurring from March to May and from September to November (PRISM 2021). Annual temperatures in the Project area average between 11 and 94 degrees Fahrenheit (PRISM 2021). The Project area is composed of agricultural cropland, Inter- mountain Basin Big Sagebrush Shrubland, and Colorado Plateau Pinyon-Juniper Woodland ecological systems (CNHP 2021a) (Appendix A: Figure 2). The baseline conditions (i.e., topography, soils, and vegetation) defining the ecological systems in the Project area are detailed below. Inter-Mountain Basins Big Sagebrush Shrublands are found on well-drained and non-saline soils of broad basins between mountain ranges, or on plains and foothills (CNHP 2021a). These shrublands are dominated by basin big sagebrush (Artemisia tridentata ssp. tridentata) and/or Wyoming big sagebrush (ssp. wyomingensis), often with scattered juniper trees (Juniperus spp.). Other shrubs, including rabbitbrush (Chrysothamnus or Ericameria spp.), winterfat (Krascheninnikovia lanata), and antelope bitterbrush (Purshia tridentata), may be present in some stands. Perennial grasses typically contribute less than 25 percent vegetative cover (CNHP 2021a). Colorado Plateau Pinyon-Juniper Woodlands occur on the dry mountains and foothills of the Colorado Plateau region from the western slope of Colorado to the Wasatch Range, and south to the Mogollon Rim (CNHP 2021a). Two-needle pinyon (Pinus edulis) and Utah juniper (Juniperus osteosperma) dominate the tree canopy. Pinyon and juniper may also form sparse shrublands on rocky, shallow soils or tablelands where vegetation is largely confined to small soil pockets in exposed bedrock. These matrix-forming woodlands often occur in a mosaic with other systems, including sagebrush shrublands, Gambel oak shrublands, and semidesert shrublands. The understory is highly variable and may be shrubby, grassy, sparsely vegetated, or rocky (CNHP 2021a). Agricultural land and adjacent natural gas wells compose the northern half of the Project area (Appendix B: Photographs 1 – 3). Native vegetation occurs within the southern half of the Project area and consists of sagebrush, pinyon-juniper, rabbitbrush (Ericameria nauseosa), snakeweed (Gutierrezia sarothrae), saltbush (Atriplex canescens), yucca (Yucca harrimaniae), and prickly pear cactus (Opuntia polyacantha) AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | 2 (Appendix B: Photographs 4, 5, 7, and 8). Sagebrush is dominant in the southern half of the site in areas with gently sloping terrain. Pinyon-juniper is dominant along the western edge of the site and is associated with rocky terrain with well-drained soils (Appendix B: Photographs 5 and 6). Forbs and grasses occur in uplands throughout the Project area, including common sunflower (Helianthus annuus), crested wheatgrass (Agropyron cristatum), Indian rice grass (Stipa hymenoides), sand dropseed (Sporobolus cryptandrus), gumweed (Grindelia squarrosa), alfalfa (Medicago sativa), and western wheatgrass (Pascopyrum smithii). Common cocklebur (Xanthium strumarium) occurs in many of the depressional and seasonally wet areas. Non-native weed species occur intermittently throughout the site, including Russian thistle (Salsola tragus), cheatgrass (Bromus tectorum), and musk thistle (Carduus nutans). The non-native weed species detected in the Project area are discussed in detail in Section 4.5. Wildlife species identified during the Project area site survey are listed in Table 1. Table 1: Fauna Species Detected in the Project area Common Name Scientific Name Special Status BIRDS American bushtit Psaltriparus minimus MBTA-protected American crow Corvus brachyrhynchos MBTA-protected Bewick’s wren Thryomanes bewickii MBTA-protected Black-billed magpie Pica hudsonia MBTA-protected Black-capped chickadee Poecile atricapillus MBTA-protected Common raven Corvus corax MBTA-protected Dark-eyed junco Junco hyemalis MBTA-protected Horned lark Eremophila alpestris MBTA-protected Juniper titmouse Baeolophus ridgwayi MBTA-protected Pinyon jay Gymnorhinus cyanocephalus MBTA-protected Red-tailed hawk Buteo jamaicensis MBTA-protected Scrub jay Aphelocoma woodhouseii MBTA-protected Western bluebird Sialia mexicana MBTA-protected Wild turkey Meleagris gallopavo MBTA-protected MAMMALS Coyote Canis latrans None Mountain cottontail Sylvilagus nuttallii None Mule deer Odocoileus hemionus None 3.0 Methods A desktop review of the Project area was conducted prior to the on-site survey using 1 meter resolution imagery, U.S. Geological Service (USGS) landcover data, and an unofficial U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) federal species list. The desktop review also utilized publicly available information (state and federal) and state proprietary data to identify previously recorded raptor nesting locations and state special status species with a potential to occur within and near the Project area. An official USFWS IPaC report (Appendix C) and a state list of special status species AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | 3 were generated for the Project. The state species were identified using publicly available Colorado Natural Heritage Program (CNHP) data. The IPaC report identified 11 federal threatened and endangered species that are analyzed for direct and indirect effects from Project activities. In addition, information and guidance are provided within the official IPaC report for the protection of migratory birds under MBTA and BGEPA. Seven state species of special concern were identified with the potential to occur in the Project area or within the surrounding vicinity. A U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) custom soil resource report was generated for the Project area (Appendix D). The soil resource report identified seven soil types within the Project area and was used to identify suitable habitat. Following the desktop review, a site survey was conducted within the Project area on November 4, 2020. The purpose of the site survey was to identify the presence of suitable habitat for listed and/or protected species and migratory birds. A delineation of the aquatic features, including wetlands and Waters of the United States, was also performed in support of the requirements for Section 404 of the Clean Water Act (CWA). The results of this delineation are included in a separate report. 4.0 Results and Analysis 4.1 Federal Species The ESA of 1973 established a program to conserve and protect federally listed plants and animals, and their critical habitats. Critical habitat for a threatened or endangered species is defined as (1) the specific areas within the geographical area occupied by the species on which are found those physical or biological features essential to the conservation of the species and (2) specific areas outside the geographical area occupied by the species that may require special management considerations for the conservation of the species. No critical habitat occurs within the Project area for any federal species. Eleven federally listed threatened, endangered, or candidate species were analyzed for their potential to be affected by Project activities (Appendix C and Table 2). The four fish species would not be impacted because Project activities would not result in direct or indirect activities to water quality or quantity of the Colorado River or its tributaries. The Mexican spotted owl (Strix occidentalis lucida), yellow-billed cuckoo (Coccyzus americanus), and Canada lynx (Lynx canadensis) do not have suitable habitat in the Project area and therefore would not occur or be impacted by Project activities. The monarch butterfly (Danaus plexippus) could occur during migration (spring and fall) but is not expected to breed or otherwise inhabit the Project area beyond transient movement to more suitable breeding or overwintering habitat. Finally, there are no suitable habitat in the Project area that could support the Ute ladies'-tresses (Spiranthes diluvialis) or the Debeque phacelia (Phacelia submutica). Only the Colorado hookless cactus (CHC) (Sclerocactus glaucus) has a potential to occur within the Project area. See Table 2 with detailed habitat characteristics for the 11 federal listed species. Table 2: Federally Listed Species Common Name Scientific Name Listing Status Habitat Suitable Habitat in Project Area Potential to Affect Species INSECTS Monarch butterfly Danaus plexippus Candidate Habitat contains native milkweeds (Asclepias spp.), the primary food plant for larvae. Breeding and migratory habitats are often synonymous as they contain the same key components (milkweed, nectar sources, and roosting structure) that sustain monarch reproduction and migration (WAFWA 2019). No No AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | 4 Common Name Scientific Name Listing Status Habitat Suitable Habitat in Project Area Potential to Affect Species MAMMALS Canada lynx Lynx canadensis Threatened Moist boreal forests with cold, snowy winters and a high-density snowshoe hare prey base. The predominant vegetation of boreal forest is conifer trees, primarily spruce (Picea spp.) and fir (Abies spp.) (USFWS 2021d). No No BIRDS Mexican spotted owl Strix occidentalis lucida Threatened Old growth mixed-conifer forests used throughout the range which may include Douglas fir, white fir, southwestern white pine, limber pine, and ponderosa pine. Rocky canyons are also utilized and often preferred for nesting (Wrigley et al. 2012). No No Yellow-billed cuckoo (western population) Coccyzus americanus Threatened A riparian obligate, preferring large and contiguous patches (over 20 hectares) with multiple vegetation layers (CPW 2020a). Cottonwood-willow forests are preferred (CPW 2020a). No No FISH Bonytail chub Gila elegans Endangered These four species are restricted to the Colorado River basin and its major tributaries (UCEFP 2021). No No Colorado pikeminnow Ptychocheilus lucius Endangered No No Humpback chub Gila cypha Endangered No No Razorback sucker Xyrauchen texanus Endangered No No PLANTS Colorado Hookless Cactus Sclerocactus glaucus Threatened Occurs primarily on alluvial benches (soils deposited by water) along the Colorado and Gunnison Rivers and their tributaries and on gravelly or rocky surfaces on river terrace deposits and lower mesa slopes. Soils are usually coarse, gravelly river alluvium above the river flood plains, usually consisting of Mancos shale with volcanic cobbles and pebbles on the surface (USFWS 2021e). Yes No* Debeque phacelia Phacelia submutica Threatened Restricted to exposures of chocolate to purplish brown and dark charcoal gray alkaline clay soils derived from the Atwell Gulch and Shire members of the Wasatch Formation. These expansive clay soils are found on moderately steep slopes, benches, and ridge tops adjacent to valley floors of the southern Piceance Basin in Mesa and Garfield Counties, CO (USFWS 2021b). No No Ute ladies'- tresses Spiranthes diluvialis Threatened Riparian edges, gravel bars, old oxbows, high flow channels, and moist to wet meadows along perennial streams. Prefers stable wetland and seepy areas associated with old landscape features within historical floodplains of major rivers. Also found in wetland and seepy areas near freshwater lakes or springs (USFWS 2021c). No No Source: USFWS 2021a *Colorado hookless cactus was not detected during a protocol survey of the Project area AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | 5 There are two endemic population centers of CHC in western Colorado. The first occurs along alluvial river terraces of the Colorado River within the Plateau and Roan Creek drainages near DeBeque, Colorado. The other is located on alluvial river terraces of the Gunnison River, extending from Delta, Colorado, to southern Mesa County. In general, CHC prefers coarse, gravelly soils, such as the gravelly river alluvium above the floodplain or on mesa slopes with volcanic cobbles or pebbly surfaces between elevations of 4,600 to 6,600 feet (USFWS 2021e). CHC is typically associated with dwarf desert scrub vegetation of Inter-Mountain Basins Mat Saltbush Shrublands but is also found in saltbush, sagebrush flats, and pinyon-juniper woodlands (USFWS 2021e; CNHP 2014). Within the Project area, CHC is most likely to occur within the sagebrush dominant habitat communities, drainages, and rocky slopes. Due to the presence of suitable habitat, in-season surveys are recommended prior to Project activities. Survey methodology should follow the Bureau of Land Management (BLM) Standards for Contractor Inventories for Special Status Plants, Significant Plant Communities & Noxious Weeds (BLM 2014). In-season surveys are recommended to be conducted during the peak flowering season (May 1 to July 1). These surveys would confirm the presence or absence of CHC in the Project area and ensure that impacts on the species are minimized to the extent possible. Should CHC be detected during a protocol survey or otherwise be verified to occur within the Project area, implementing the following conservation measures would reduce the potential for Project impacts: • Temporary construction fencing should be installed at least 20 meters from CHC plants prior to Project development to prevent trampling by workers or damage by equipment or vehicles, • Surface-disturbing activities within 100 meters of plants should be minimized during the CHC flowering season (May 1 to July 1) to reduce indirect effects (fugitive dust) to pollinators and CHC, • Water should be used to control fugitive dust along roads and within construction areas within 100 meters of CHC plants. Installation of control measures (e.g., weed-free straw wattles) would minimize or avoid altering hydrologic conditions within 20 meters of documented CHC plants, and • No herbicides would be used within 100 meters of CHC plants. DeBeque phacelia is restricted to exposures of chocolate to purplish brown and dark charcoal gray alkaline clay soils derived from the Atwell Gulch and Shire members of the Wasatch Formation. These expansive clay soils are found on moderately steep slopes, benches, and ridge tops adjacent to valley floors of the southern Piceance Basin in Mesa and Garfield Counties, Colorado (USFWS 2021b). On these slopes and soils, DeBeque phacelia usually grows only on one unique small spot of ground that shows a slightly different texture, color, and crack pattern than the similar surrounding soils. The natural shrink-swell cracking process creates the conditions needed for the plants and seed bank to thrive (USFWS 2021b). Based upon the Project survey and analysis of the soils occurring within the Project area, the DeBeque phacelia is not expected to occur due to lack of suitable soils. Therefore, the DeBeque phacelia would not be impacted by Project activities. 4.2 State Species The species discussed in this section were identified based upon a desktop review of the Project area using CNHP data (CNHP 2021b), Colorado Parks and Wildlife (CPW) raptor nesting data (CPW 2021a), and the CPW threatened and endangered species list (CPW 2021b). These data sources were used to identify a list of species that have a historical record of occurrence within the Project area and/or similar habitats to those within the Project area. In total, seven state species of special concern were identified as having the potential to occur within the Project area (Table 3). It should be noted that state species of special concern are not afforded regulatory protection. AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | 6 Table 3: State Special Status Species Common Name Scientific Name Rank1 Habitat Description Suitable Habitat in Project Area Potential to Affect Species MAMMALS Townsend’s big-eared bat Corynorhinus townsendii pallescens SC Mines, caves, and large rock cavities up to elevations of 10,000 feet and forages along the edge of vegetation (CPW 2021c). Yes (Foraging) No AMPHIBIANS Northern leopard frog Lithobates pipiens SC Occur between 3,000 and 12,000 feet in wet meadows, shallows of marshes, ponds, lakes, reservoirs, streams, and irrigation ditches (CPW 2021c). Yes Yes REPTILES Midget faded rattlesnake Crotalus viridis concolor SC Many terrestrial habitats including sandhills, semidesert shrubland, mountain shrubland, riparian zones, pinyon-juniper woodland, and montane woodland with sandy or rocky soils. Absent from perennially wet areas and high mountains. Takes shelter in crevices, woodpiles, brushy vegetation, or mammal burrows. Hibernates in rodent burrows or outcrops (CPW 2021c). Yes Yes BIRDS Greater sandhill crane Antigone canadensis tabida SC Breeding birds are found in parks with grassy hummocks and watercourses, beaver ponds, and natural ponds lined with willows or aspens. They nest in wetlands and shallow marshes. Feed in reservoir mudflats, moist meadows, and agricultural areas. During migration and winter, sandhill cranes regularly feed in dry fields, returning to water at night (CPW 2021c). No No Peregrine falcon Falco peregrinus anatum SC Inhabit open spaces usually associated with high cliffs and bluffs overlooking rivers and coasts (CPW 2021c). Yes (Foraging) No Bald eagle Haliaeetus leucocephalus SC Large rivers and waterbodies, often nesting in cottonwood trees and other large trees (CPW 2021a). No No FISH Roundtail chub Gila robusta SC Roundtail chub occur in cool to warm water over a wide range of elevations in rivers and streams throughout the Colorado River basin, often occupying open areas of the deepest pools and eddies of mid-sized to larger streams (CPW 2021c). No No 1: Rank -- SC = state species of special concern Foraging habitat for the Townsend’s big-eared bat exists within and near the Project area, primarily adjacent to the riparian and wetland areas associated with the Colorado River. These areas could support insect populations that would attract foraging bats in the evenings. However, the Project area does not contain caves or other cavern-like structures that could support roosting. Due the lack of roosting habitat, no effects on the Townsend’s big-eared bat are expected. The northern leopard frog is found in a wide variety of habitats in Colorado, including banks and shallow portions of marshes, ponds, lakes, reservoirs, beaver ponds, and streams, especially those with rooted aquatic vegetation (Wrigley et al. 2012). Leopard frogs require three major habitat types to complete their AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | 7 life cycle: (1) shallow breeding ponds with no predaceous fish for the tadpole life stage, (2) summer upland habitat areas for adult feeding, and (3) lake, stream, or pond overwintering habitat (Smith and Keinath 2007). Breeding pools contain mats of algae and clear water, and eggs are laid on emergent vegetation in shallow water (Wrigley et al. 2012). Northern leopard frog habitat occurs within and surrounding the Project area. It is primarily associated with upland impoundment ponds and adjacent streams. Leopard frogs could occur throughout the Project area but are most likely to occur near wet or depressional areas with standing water or thick upland grasses. The Project could result in some limited direct and indirect effects to leopard frogs foraging in uplands; however, the displacement or death of a few individuals would not reduce the species viability in the area. Habitat for the midget faded rattlesnake could occur anywhere within the Project area, but the species prefers dry, rocky habitat that provides escape cover, thermal cover, and hibernacula (Travsky and Beauvais 2004). The species’ preferred habitat in the Project area is associated with pinyon-juniper woodlands. Therefore, avoiding or minimizing impacts on pinyon-juniper woodlands would reduce the potential for impacts on the species. Peregrine falcons hunt on the wing and are known to take a variety of small to medium sized birds, the occasional insect, small mammals (including bats), and fish (USFWS 2001). Foraging habitat for the peregrine falcon exists within and near the Project area and is associated with the riparian area of the Colorado River. This area would support potential prey that may attract peregrines (USFWS 2001). Due to the presence of known nesting sites in the vicinity of the Project area, peregrine falcons could occasionally use the Project area for foraging. While indirect effects from Project activities could result in peregrine falcons temporarily avoiding the Project area for foraging, the species would not be directly or adversely impacted by Project activities. If any state special status species or other wildlife are injured or killed as a result of the Project, or a species is identified within the Project area and requires removal or documentation, CPW should be contacted. The nearest CPW office is located at 88 Wildlife Way, Glenwood Springs, CO (970.947.2920). 4.3 Migratory Birds Project activities that could disturb nesting birds are defined as those involving human encroachment and notable habitat disturbance within the Project area. The most likely nesting birds to be impacted by Project activities include shrub and ground nesting species. However, pre-construction nesting surveys would significantly reduce the chances of impacting avian species or violating MBTA. If Project activities, particularly ground disturbance and vegetation clearing, are likely to occur within the general nesting season (May 1 – August 31), nesting surveys are recommended to be conducted by a qualified biologist within one week prior to disturbance activities. Any active nests identified prior to or during Project activities should be avoided until the young are no longer dependent on the nest for survival. Similar to MBTA, BGEPA prohibits the unlawful killing, capturing, or disturbance to bald and golden eagles (Aquila chrysaetos), including their parts, nests, or eggs. Bald eagles are typically observed near rivers or large lakes but can be found in open, dry country, particularly during migration and winter foraging. Bald eagles typically build nests in large trees near waterbodies or rivers due to their affinity to prey on fish (Wrigley et al. 2012). Golden eagles inhabit grasslands and shrublands in Colorado and nest on cliffs or in large trees with an unobstructed view of the surrounding habitat (CPW 2021a). Project activities should not occur within 0.25 mile of an active bald eagle or golden eagle nest. Should a different raptor species choose to nest within the Project area, specific avoidance recommendations should be followed as outlined within the CPW Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors 2020 (CPW 2020b). Known bald eagle nest sites occur along the Colorado River and are approximately 1 mile from the Project area (CNHP 2021a). While there is a potential for bald eagles to occur within the Project area, bald eagles AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | 8 are unlikely to nest far from the Colorado River. Nesting bald eagles are therefore unlikely to be impacted by Project activities. Suitable habitat occurs within the Project area that could support other species of nesting raptors including, but not limited to, the red-tailed hawk (Buteo jamaicensis) and great horned owl (Bubo virginianus). A red-tailed hawk was detected during the Project survey and could choose to nest in the vicinity or potentially within the Project area. Due to the confirmed presence of raptors in the area, nearby nesting sites, and suitable habitat in the Project area, pre-construction nesting surveys are recommended prior to Project activities scheduled to start within the raptor nesting season (February 15 to July 15). Should raptors or other migratory birds establish nests within or near the Project area boundary, despite or prior to construction, the nest(s) would be buffered for avoidance and reported to local wildlife agencies. If an active nest is detected within the Project area before or during construction activities, implementing the following measures would avoid violating federal law: • Construction activities are temporarily halted near the nest to minimize disturbance and allow for an accurate determination of species, • A temporary 100-foot-radius work exclusion zone would be established around songbird nests, • A temporary 0.25-mile-radius work exclusion zone would be established around raptor nests, and • The USFWS Lakewood, Colorado Field Office and/or the nearest CPW office (970.947.2920) shall be contacted for additional measures to avoid impacts on nesting birds. The USFWS is the primary jurisdictional authority for bird species protected under MBTA and BGEPA. 4.4 Big Game Species The Project area contains habitat for big game species, including mule deer (Odocoileus hemionus) and Rocky Mountain elk (Cervus canadensis). Specifically, the Project area contains severe winter range and winter concentration area for elk and mule deer (Appendix A: Figures 3 and 4). Severe winter range for both species is defined as that part of the species’ overall range where 90 percent of the individuals are located when the annual snowpack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten (CPW 2021d). The winter concentration area for both elk and mule deer is the portion of their winter range where densities are at least 200 percent greater during the same period in the average five winters out of ten (CPW 2021d). In western Colorado below about 7,000 feet, elk inhabit pinyon-juniper and sagebrush habitats during the fall and winter when forced to move to lower elevations for food and cover from severe weather (Bishop 2021). Along with sagebrush and pinyon-juniper communities, elk use agricultural land for forage (WAFWA 2021). In winter, pinyon-juniper serves as important thermal and seclusion habitat but provides limited forage (WAFWA 2021). Elk can inhabit a diversity of habitats across Colorado because while preferring grasses and forbs, they will also consume large amounts of shrubs during winter. In the late summer when grasses and forbs start drying out, elk browse shrubs and other plants such as antelope bitterbrush, serviceberry, sagebrush, or mountain mahogany (Randall 2017). Sagebrush is browsed more in winter when grasses are difficult to access under snow cover. Therefore, elk are capable of meeting their nutritional requirements across a spectrum of habitat conditions (Bishop 2021). Similar to elk, mule deer in mountainous regions migrate to lower elevations in fall to escape snow and cold temperatures. While snow depths of 18 to 24 inches are tolerable, lower levels are sought in order to conserve energy (NRCS 2005). Mule deer are classified as intermediate feeders rather than strict grazers or browsers. Therefore, vegetation communities consisting of mixed species are more beneficial for deer than homogenous communities. The most important winter habitat for mule deer on the western slope are sagebrush stands with adjacent pinyon-juniper woodlands (NRCS 2000). Riparian areas also provide important mule deer browsing habitat and thermal cover. Snowberry, golden currant, American plum, AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | 9 skunkbush sumac, and Wood’s rose are common understory plants in riparian habitat (NRCS 2000). The optimum cover habitat is generally about 40 percent of the overall deer use area (NRCS 2000). Functional habitat loss would occur as a result of the Project because the Project area contains high quality habitat for big game winter forage (sagebrush, agricultural area, and nearby riparian habitat) and cover (pinyon-juniper and riparian habitat). The Project area contains about 15 acres of sagebrush habitat with adjacent and surrounding pinyon-juniper habitat. The sagebrush in the Project area is of moderate density and about 2 feet tall with intermixed grasses and forbs. Much of the sagebrush habitat in the Project area would be removed or otherwise disturbed during construction and replaced with native grasses, forbs, and subshrubs. Disturbances to pinyon-juniper habitat are anticipated to be less than sagebrush habitat due to topographic limitations. Both elk and mule deer are expected to regularly inhabit the Project area during winter but would migrate to more productive habitat at higher elevations in spring and summer. To minimize disturbances on elk and mule deer, no Project activities would occur between December 1 to April 30 (CPW 2021e). Exceptions to this time limitation for construction or related Project activities would not be permitted for this Project (CPW 2021f). CPW would require that off-site mitigation occur at a 1:1 ratio to offset the loss of functional habitat due to the Project (CPW 2021e; CPW 2021f). As the Project proceeds, AES would continue to coordinate with CPW regarding an off-site mitigation strategy in an effort to identify a habitat improvement project(s) that would aid local wildlife (CPW 2021f). General considerations such as lower vehicle speeds, awareness training, and other hazard mitigation measures would be implemented during construction and operation of the Project. A permanent fence (about 7 feet tall) would be installed surrounding the solar field installation for public safety and wildlife exclusion. Escape ramps would not be required as a part of the exclusion fence design. Additional guidance and design considerations can be found within CPW’s Fencing with Wildlife in Mind document. The current fencing design proposed for the Project is detailed in Exhibit A below. AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | 10 4.5 Non-native Plants (Noxious and Invasive) A non-native plant is generally defined as a species that has been introduced with human help (intentionally or accidentally) to new habitat in which the plant is not known to naturally occur. An invasive plant is a non- native plant that is able to establish on many sites, grow quickly, spread to the point of disrupting plant communities or ecosystems, and/or result in economic or human harm (USDA 2021). According to the Colorado Noxious Weed Act (§ 35-5.5-101 through 119, Colorado Revised Statutes), a noxious weed is a non-native plant that is detrimental to economic crops or native plant communities, poisonous to livestock, and/or a carrier of insects, parasites, or diseases (CDA 2021). In Colorado, noxious weeds are categorized as list A, B, or C plants (CDA 2021). List A noxious weeds are those designated for eradication on all county, state, federal, and private lands. List B species are those whose further spread has been mandated to be stopped. List C species are recommended for control and proactive management. AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | 11 The site survey identified a few noxious weed populations within the Project area. Downy brome (Bromus tectorum) was the most common noxious weed and was found intermittently throughout the Project area. Non-native plants could be spread to or from the Project area by means of equipment and materials. Ground disturbance associated with Project construction has the potential to increase the rate at which non-native weeds and other invasive species colonize and spread, possibly resulting in long-term, adverse impacts on native vegetation. Therefore, weed control measures should be implemented to help minimize the spread of non-native plants during and after construction. The development of a weed management plan to identify and effectively implement weed control measures is recommended. In order to properly document all non- native weed species and develop an effective weed management plan, a survey for non-native weeds species would need to be conducted during the growing season. Control measures may include one or more mitigation methods, including: (1) mechanical, (2) chemical, and (3) prevention through equipment inspection. A complete list of Colorado’s noxious weeds is available on the Colorado Department of Agriculture’s noxious weed list (CDA 2021). The weed species recorded in the Project area are listed in Table 4. Table 4: Weed Species Detected Common Name Scientific Name CDA Weed Listing Occurrence Pattern / Location Cheatgrass Bromus tectorum C Scattered amongst sagebrush and disturbed areas (Appendix A: Figure 2) Musk thistle Carduus nutans B Disturbed areas, drainages, and roadsides Russian thistle Salsola tragus No Status Roadsides, agricultural, and other disturbed areas Source: CDA 2021 4.6 Soils Soil information for the Project area was obtained from the USDA NRCS with a custom soil resource report for the Project area (Appendix D) (USDA NRCS 2021a). Soil types within the Project area were examined for classification as hydric, prime, and other important farmland soils (Table 5). Table 5: Soils in the Project Area Map Unit Symbol Map Unit Name Acres in Project Area Hydric Soils Prime Farmland/Farmland of Statewide Importance 34 Ildefonso stony loam, 25 to 45 percent slopes 33.5 No No 46 Nihill channery loam, 1 to 6 percent slopes 1.0 No No 55 Potts loam, 3 to 6 percent slopes 85.9 No Yes (if irrigated) 56 Potts loam, 6 to 12 percent slopes 40.2 No Statewide Importance 58 Potts-Ildefonso complex, 12 to 25 percent slopes 62.9 No No 59 Potts-Ildefonso complex, 25 to 45 percent slopes 6.8 No No 66 Torriorthents-Camborthids-Rock outcrop complex, steep 27.8 No No AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | 12 Prime farmland is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is available for these uses (USDA NRCS 2021b). The USDA NRCS defines Farmland of Statewide Importance as land that does not meet the criteria for prime or unique farmland. The criteria for defining and delineating farmland of statewide importance are determined by the appropriate state agencies. Generally, this land includes areas of soils that nearly meet the requirements for prime farmland and that economically produce high yields of crops when treated and managed according to acceptable farming methods (USDA NRCS 2021b). 5.0 Conclusion and Recommendations As a result of the desktop review and Project survey, 11 federally listed species under the ESA and 7 state special status species were identified with the potential to occur, at least seasonally, in the Project area. Of the federally listed species, suitable habitat for the CHC occurs within the Project area. A focused survey was conducted in the Project area during the CHC flowering season (May 1 to July 1) on May 25, 2021. The survey did not detect the federally protected cactus species; therefore, the CHC is unlikely to occur in the Project area or be impacted by Project activities. None of the other federal listed species would be impacted as a result of the Project. Habitat for two state species of special concern (midget faded rattlesnake and northern leopard frog) was noted to occur in the Project area. However, these two species are unlikely to occur in the Project area or be impacted by Project activities because the available habitat is of lower quality and/or would only be used for transient movement. Foraging habitat for the peregrine falcon and Townsend’s big-eared bat was also noted to occur within the Project area. Bald eagle nesting sites occur in the vicinity, but not within or close enough to the Project area to result in effects to nesting eagles. However, there is suitable nesting habitat for other raptors species and migratory birds. In order to avoid violating federal law (BGEPA and MBTA), nesting surveys are recommended prior to Project activities if construction is scheduled to occur inside of the nesting season (February 15–July 15 for raptors and May 1–August 31 for other migratory birds) (CPW 2020b). The Project is not expected to result in the death of individual special status species (federal or state listed) but would result in the loss of some habitat, primarily for big game species. Therefore, the Project would require three key impact minimization measures for protecting big game wildlife, including: (1) wildlife exclusion fencing, (2) seasonal construction limitations, and (3) mitigation for functional habitat loss. AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | 13 6.0 References Bishop 2021 Bishop, Chad J. (2021). Colorado Parks and Wildlife: Lesson 2: Understanding Elk in Colorado. Available online: < https://cpw.state.co.us/learn/Pages/EHU-CH2-L02.aspx > BLM 2014 Bureau of Land Management (BLM). 2014. Standards for Contractor Inventories for Special Status Plants, Significant Plant Communities & Noxious Weeds. Hard copy provided by BLM GJFO. CDA 2021 Colorado Department of Agriculture (CDA) 2021. Noxious Weed Species. Available online: <https://www.colorado.gov/pacific/agconservation/noxious-weed-species>. Chapman et al. 2006 Chapman, S.S., Griffith, G.E., Omernik, J.M., Price, A.B., Freeouf, J., and Schrupp, D.L., 2006, Ecoregions of Colorado (color poster with map, descriptive text, summary tables, and photographs): Reston, Virginia, US Geological Survey (map scale 1:1,200,000). Available online: <ftp://newftp.epa.gov/EPADataCommons/ORD/Ecoregions/co/co_front.pdf>. CNHP 2014 CNHP. 2014. Colorado Rare Plant Guide. Species Profile for Colorado Hookless Cactus (Sclerocactus glaucus). Available online <http://www.cnhp.colostate.edu/rareplants/guide.asp?id=16984>. CNHP 2021a Colorado Natural Heritage Program (CNHP). 2021a. Ecological Systems of Colorado. Available online: <https://cnhp.colostate.edu/projects/ecological-systems-of-colorado/>. CNHP 2021b CNHP. 2021b. General location data (within 7.5 minute quadrangles) and status of rare and/or imperiled species. Available online: <https://cnhp.colostate.edu/ourdata/about-requesting-cnhp-data/>. CPW 2020a Colorado Parks and Wildlife (CPW). 2020a. Yellow-billed Cuckoo (western population). Available online: <https://cpw.state.co.us/Documents/LandWater/WetlandsProgram/PrioritySpecies/Factsheet-and-Habitat- Scorecard_YellowBilledCuckoo.pdf>. CPW 2020b CPW. 2020b. Recommended Buffer Zone and Seasonal Restrictions for Colorado Raptors (2020). <https://cpw.state.co.us/Documents/WildlifeSpecies/LivingWithWildlife/Raptor-Buffer-Guidelines.pdf>. CPW 2021a CPW. 2017. Raptor Nesting Spatial Data. Obtained from Colorado Parks and Wildlife in January 2021. CPW 2021b CPW. 2021b. Threatened and Endangered State Species List. Available online at: <http://cpw.state.co.us/learn/Pages/SOC-ThreatenedEndangeredList.aspx>. CPW 2021c CPW. 2021c. Species Profiles. Available online: <http://cpw.state.co.us/learn/Pages/SpeciesProfiles.aspx>. CPW 2021d CPW. 2021. Colorado Parks and Wildlife GIS Species Activity Mapping Definitions. Available online: <https://cpw.state.co.us/learn/Maps/CPW-Public-GIS-Species-Activities-Definitions.pdf>. CPW 2021e CPW. 2021. CPW Recommendations to Avoid and Minimize Impacts to Wildlife from Land Use Development in Colorado. Available online: <file:///C:/Users/aphillip/Desktop/Projects/2020/AES/ Reporting/Reports/Biological%20Survey%20Report/CPW_Recommendation%20for%20Development.pdf>. CPW 2021f CPW. 2021. Personal communication between HDR biologist (Andrew Phillips) and CPW Area Wildlife Manager (Scott Hoyer) regarding effects on big game species. Coordination occurred in September, 2021. NRCS 2000 Natural Resources Conservation Service (NRCS). 2000. Mule Deer (Odocoileus hemionus) Fact Sheet. Available online: <https://efotg.sc.egov.usda.gov/references/public/CO/Muledeer.pdf#:~:text=Mule%20 deer%20are%20an%20important%20economic%20wildlife%20species,limiting%20factors%20for%20Color ado%E2%80%99s%20mule%20deer%20%28Ellenberger%201999%29.>. NRCS 2005 NRCS. 2005. Fish and Wildlife Habitat Management Leaflet: Mule Deer (Odocoileus hemionus). Available online: <https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs143_010100.pdf>. PRISM 2021 PRISM Climate Group: Northwest Alliance for Computational Science and Engineering. Available online: <http://www.prism.oregonstate.edu/>. Randall 2017 Randall, Brianna. (2017) Sage Grouse Initiative: Do Elk Need Sagebrush? Available at: https://www.sagegrouseinitiative.com/sagebrush-species-spotlight-elk/. AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | 14 Smith and Keinath 2007 Smith, B.E. and D.A. Keinath. 2007. Northern Leopard Frog (Lithobates pipiens): A Technical Conservation Assessment. USDA Forest Service, Rocky Mountain Region. Available online: <http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5182078.pdf>. Travsky and Beauvais 2004 Travsky, Amber and Gary P. Beauvais. (2004). Species Assessment for the Midget Faded Rattlesnake (Crotalus viridis concolor) in Wyoming. Prepared for United States Department of the Interior Bureau of Land Management. UCEFP 2021 Upper Colorado Endangered Fish Recovery Program (UCEFP). About the Endangered Fish Page. Available online: <http://www.coloradoriverrecovery.org/general-information/about-fish.html>. USDA 2021 U.S. Department of Agriculture (USDA). 2021. Native, Invasive, and Other Plant-Related Definitions. Available online: <https://www.nrcs.usda.gov/wps/portal/nrcs/detail/ct/technical/ecoscience/invasive/?cid =nrcs142p2_011124>. USDA NRCS 2021a US Department of Agriculture (USDA), NRCS . 2021a. Custom Soil Resource Report for AES High Mesa Solar, LLC Site. USDS NRCS 2021b USDA NRCS. Soil Data Access (SDA) Prime and other Important Farmlands. <https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcseprd1338623.html> USFWS 2001 US Fish and Wildlife Service (USFWS). 2001. Peregrine Falcon Habitat Model. Available online: <https://www.fws.gov/r5gomp/gom/habitatstudy/metadata/peregrine_falcon_model.htm>. USFWS 2021a USFWS. 2021a. Information for Planning and Consultation. Online: <https://ecos.fws.gov/ipac/>. Consultation Code: 06E24100-2021-SLI-0182; Event Code: 06E24100-2021-E-00414. USFWS 2021b USFWS. 2021b. ECOS Environmental Conservation Online System. DeBeque phacelia (Phaceila submutica). <https://ecos.fws.gov/ecp/species/4639#lifeHistory>. USFWS 2021c USFWS. 2021c. Endangered Species | Plants. Ute-Ladies’-Tresses Orchid. <https://www.fws.gov/mountain-prairie/es/uteLadiestress.php#:~:text=Location%3A%20Populations %20of%20Ute%20ladies,the%20upper%20Colorado%20River%20basin%2Chttps://www.fws.gov/mountain -prairie/es/uteLadiestress.php#:~:text=Location%3A%20Populations%20of%20Ute%20ladiesthe%20upper %20Colorado%20River%20basin%2C>. USFWS 2021d USFWS. 2021d. ECOS Environmental Conservation Online System. Canada Lynx (Lynx canadensis). <https://ecos.fws.gov/ecp/species/3652>. USFWS 2021e USFWS. 2021e. ECOS Environmental Conservation Online System. Colorado hookless cactus (Sclerocactus glaucus). <https://ecos.fws.gov/ecp/species/2280>. WAFWA 2019 Western Association of Fish and Wildlife Agencies (WAFWA). 2019. Western Monarch Butterfly Conservation Plan, 2019–2069. Version 1.0. Available online: <https://wafwa.org/wpdm-package/western- monarch-butterfly-conservation-plan-2019-2069/>. WAFWA 2021 WAFWA. 2021. Implementation of Department of the Interior Secretarial Order 3362: COLORADO ACTION PLAN: “Improving Habitat Quality in Western Big-Game Winter Range and Migration Corridors”. Available online: <https://wafwa.org/wp-content/uploads/2021/04/2018-Final-Colorado-State-Action- Plan.pdf#:~:text=Sagebrush%20steppe%20and%20grasslands%20dominate%20the%20Great%20Basin,b ands%20of%20both%20species%20using%20these%20areas%20year-round.>. Wrigley et al. 2012 Wrigley, M.J., M. White, B. Elliott, M. Comer, R.E. Torretta, P. Gaines, S. Olson, K. Meyer, M. Painter, J. Windorski, F. Quesada, and M. Welker. 2012. Threatened, endangered, and Forest Service sensitive species on the Pike and San Isabel National Forests (updated June 2012). Unpubl. Rpt. US Department of Agriculture, Forest Service. Pike and San Isabel National Forests and Comanche and Cimarron National Grasslands. Salida, Colorado. 115pp + appendices. Available online: <https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/fsm9_032420.pdf>. Note: Citations accessed January 2021 AES High Mesa Project | Garfield County, Colorado Biological Resources Report Appendix A Figures Appendix A AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | A-1 Figure 1: Project Area Location AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | A-2 Figure 2: Project Area Vegetation AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | A-3 Figure 3: Big Game Habitat (ELK) AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | A-4 Figure 4: Big Game Habitat (MULE DEER) AES High Mesa Project | Garfield County, Colorado Biological Resources Report Appendix B Site Photographs Appendix B AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | B-1 Photograph 1. Agricultural Field (looking southwest from Richardson road) Photograph 2. Agricultural field (looking west from Richardson road) AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | B-2 Photograph 3. Agricultural field and developed area (looking northwest from Richardson Road) Photograph 4. Sagebrush shrubland and natural gas well in distance area (looking northwest from Richardson Road) AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | B-3 Photograph 5. Pinyon juniper and sagebrush vegetation communities (looking north) Photograph 6. Pinyon juniper and sagebrush vegetation communities transition boundary (looking east from Richardson Road) AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | B-4 Photograph 7. Sagebrush shrubland vegetation community (looking southeast) Photograph 8. Sagebrush shrubland vegetation community (looking east) AES High Mesa Project | Garfield County, Colorado Biological Resources Report Appendix C USFWS IPaC Report Appendix C AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | C-1 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | C-2 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | C-3 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | C-4 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | C-5 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | C-6 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | C-7 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | C-8 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | C-9 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | C-10 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | C-11 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | C-12 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | C-13 AES High Mesa Project | Garfield County, Colorado Biological Resources Report Appendix D USDA NRCS Custom Soil Survey Report Appendix D AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-1 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-2 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-3 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-4 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-5 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-6 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-7 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-8 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-9 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-10 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-11 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-12 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-13 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-14 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-15 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-16 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-17 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-18 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-19 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-20 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-21 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-22 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-23 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-24 AES High Mesa Project | Garfield County, Colorado Biological Resources Report October 2021 | D-25 AES High Mesa Solar – Land Use Change – Major Impact permit application (10/22/2021) AES High Mesa Solar – Garfield County 49 Please see the following pages for the Colorado Hookless Cactus Survey Report – AES High Mesa Solar, LLC conducted in May and published in September, 2021. COLORADO HOOKLESS CACTUS TECHNICAL SURVEY REPORT Appendix C2a Page | 1 Technical Memo Date: September 16, 2021 Project: AES - High Mesa Ranch Solar Project To: Joshua Mayer (Business Development Manager) AES Clean Energy Development, LLC 282 Century Place, Suite 2000, Louisville, CO 80027 From: Melinda Lee (Project Manager) HDR, Inc. (1670 Broadway, Ste 3400, Denver, CO) Subject: Colorado Hookless Cactus Technical Survey Report PROJECT DESCRIPTION AES Clean Energy Development, LLC (AES) is proposing to develop photovoltaic array facilities in Garfield County, Colorado. The High Mesa Ranch Project (Project) is located on the Klebold Parcel which is located in southeastern Garfield County, about 4 miles southwest of Parachute, Colorado, in Sections 35 and 36, Township 6 South, Range 92 West (see Appendix A: Figure 1). The approximately 85-acre Project area is located on the southeast side of County Road (CR) 300 (Stone Quarry Road) and adjacent to Richardson Road. PURPOSE AND NEED Project activities could potentially affect federally listed species protected under the Endangered Species Act (ESA; 16 United States Code [U.S.C.] § 1531), the Migratory Bird Treaty Act (MBTA; 16 U.S.C. § 703–712]) the Bald and Golden Eagle Protection Act (BGEPA; 16 U.S.C. 668 et seq.), and Colorado’s threatened and endangered species law (Title 33. Parks and Wildlife. Article 2. Nongame and Endangered Species Conservation. § 33-2-105). A site survey conducted on November 4, 2020, determined that suitable habitat is present within the Project area for various sensitive flora and fauna species including the federally listed Colorado hookless cactus (CHC; Sclerocactus glaucus). The November 2020 survey results can be found in a separate Biological Survey Report titled Holy Cross PV + BESS Portfolio Klebold Site Investigation. The purpose of this Colorado Hookless Cactus Protocol Survey Technical Report is to detail the results of a focused survey for the federally protected Colorado hookless cactus, listed as a threatened species under the ESA. METHODS A desktop review and subsequent site survey was conducted on November 4, 2020, to determine the vegetation communities and habitat suitability within the Project area. The federally threatened CHC was determined to have the potential to occur within the Project area due to the presence of suitable habitat. CHC suitable habitat includes gravelly or rocky surfaces along streams and on mesa slopes (USFWS 2021). A protocol survey for the CHC was conducted during the blooming season on May 25, 2021, to determine the presence or absence of the CHC in the Project area. The survey for the CHC was conducted in spring during the CHC blooming season because the conspicuous pink flowers improve detectability (see Figure A – page 2). Following the Bureau of Land Management protocol for rare plant surveys (BLM 2014), a pedestrian (i.e., walking) survey was conducted by two survey biologists. Only areas proposed for Project disturbances and representing suitable habitat for CHC were surveyed (see Appendix A: Figure 2). Transects spaced about 20 feet apart were walked throughout the survey area in search of the CHC. General vegetation communities and dominant plant species were recorded during the survey. AES | HIGH MESA RANCH SOLAR PROJECT (KLEBOLD PARCEL) Colorado Hookless Cactus Protocol Survey Page | 2 Figure A: Colorado Hookless Cactus representative picture ENVIRONMENTAL CONDITIONS AND VEGETATION The Project area lies within the Shale Deserts and Sedimentary Basins Ecoregion IV (Chapman et al. 2006; CNHP 2021). The average elevation in the Project area is about 5,600 feet. Precipitation in the Project area averages about 16 inches annually, with most precipitation occurring between March to May and September to November (PRISM 2021). Average annual temperatures in the Project area range from about 11 degrees Fahrenheit up to 94 degrees Fahrenheit (PRISM 2021). Based on the Southwest Regional and Geographical Analysis Project and the results of the site survey there are two dominant vegetation communities within the survey area: (1) Inter-mountain Basin Big Sagebrush Shrubland and (2) Colorado Plateau Pinyon-Juniper Woodland (see Appendix A: Figure 1 and Appendix B: Photographs 1 – 3). The northern half of the Project area is used for center-pivot agricultural land with adjacent natural gas wells. The southern half of the Project area is dominated by Colorado Plateau Pinyon-Juniper Woodland and Inter-mountain Basin Big Sagebrush Shrubland. INTER-MOUNTAIN BASINS BIG SAGEBRUSH SHRUBLAND This vegetation community occurs throughout much of the western United States. In Colorado, the largest occurrences are in the western half of the state (CNHP 2021). Big sagebrush shrublands are typically found in broad basins between mountain ranges, and on plains and foothills (CNHP 2021). Big sagebrush shrublands compose about 15 percent of the Project area and about 50 percent of the survey area (See Appendix A: Figure 2 and Appendix B: Photographs 2 and 3). Within the survey area, this vegetation community is primarily composed of homogenous stands of big sagebrush. Other common plants found within this community in the Project area include rabbitbrush, prickly pear cactus, sand dropseed, and cheatgrass. COLORADO PLATEAU PINYON-JUNIPER WOODLANDS This vegetation community occurs on the dry mountains and foothills of the Colorado Plateau region from the western slope of Colorado to the Wasatch Range, and south to the Mogollon Rim (CNHP 2021). Two-needle AES | HIGH MESA RANCH SOLAR PROJECT (KLEBOLD PARCEL) Colorado Hookless Cactus Protocol Survey Page | 3 pinyon pine and Utah juniper dominate the tree canopy. These matrix-forming woodlands often occur in a mosaic with other systems, including sagebrush shrublands. The understory is highly variable and may be shrubby, grassy, sparsely vegetated, or rocky (CNHP 2021). Pinyon-juniper woodlands compose about 15 percent of the Project area and about 50 percent of the survey area (see Appendix A: Figure 2 and Appendix B: Photograph 1). Native vegetation dominates the southern half of the Project area and consists of big sagebrush (Artemisia tridentata), pinyon pine (Pinus edulis), Utah juniper (Juniperus osteosperma), rabbitbrush (Ericameria nauseosa), snakeweed (Gutierrezia sarothrae), Harriman’s yucca (Yucca harrimaniae), and prickly pear cactus (Opuntia polyacantha) (see Appendix B: Photographs 1 – 3). Sagebrush shrublands occur on flat or gently sloping terrain. Pinyon-juniper woodlands occur on the western side of the survey area on sloped and rocky terrain with well-drained soils. Forbs and grasses occur in uplands throughout the Project area, including common sunflower (Helianthus annuus), crested wheatgrass (Agropyron cristatum), Indian ricegrass (Stipa hymenoides), sand dropseed (Sporobolus cryptandrus), gumweed (Grindelia squarrosa), alfalfa (Medicago sativa), western wheatgrass (Pascopyrum smithii), and showy milkweed (Asclepias speciose). Non-native weed species occur intermittently throughout the site, including Russian thistle (Salsola tragus), cheatgrass (Bromus tectorum), and musk thistle (Carduus nutans). RESULTS Potentially suitable habitat occurs throughout the sagebrush shrublands and pinyon-juniper woodlands, particularly along ephemeral drainages and on the exposed mesa slopes associated with the pinyon-juniper woodlands. The agricultural land, developed sites, or otherwise disturbed areas were not surveyed due to being unsuitable habitat for the CHC. Although potentially suitable habitat occurs in the Project area associated with sagebrush and pinyon-juniper vegetation, the CHC was not detected within the survey area. SUMMARY AND RECOMMENDATIONS The ESA prohibits actions that could jeopardize the continued existence of federally protected species. The protocol survey conducted on May 25, 2021, did not result in the detection of the CHC within the Project survey area (see Appendix A: Figure 2). To maximize the probability of detection, the survey was conducted during the CHC blooming season. Because the CHC was not detected, the CHC is not expected to occur in the Project area nor be impacted by Project activities. However, should the scope and footprint of the Project change to include unsurveyed areas with potentially suitable habitat, unrecorded CHC occurrences could be impacted. A subsequent protocol survey for CHC is recommended if the Project scope changes to include unsurveyed areas. To further reduce the chances of impacting the federally protected CHC and violating the ESA, AES will limit all Project activities to the currently proposed Project area boundaries and will otherwise minimize disturbances to the extent possible during construction. AES | HIGH MESA RANCH SOLAR PROJECT (KLEBOLD PARCEL) Colorado Hookless Cactus Protocol Survey Page | 4 REFERENCES BLM 2014 Bureau of Land Management (BLM). 2014. Standards for Contractor Inventories for Special Status Plants, Significant Plant Communities & Noxious Weeds. Hard copy provided by BLM GJFO. Chapman et al. 2006 Chapman, S.S., Griffith, G.E., Omernik, J.M., Price, A.B., Freeouf, J., and Schrupp, D.L., 2006, Ecoregions of Colorado (color poster with map, descriptive text, summary tables, and photographs): Reston, Virginia, US Geological Survey (map scale 1:1,200,000). Available online: <ftp://newftp.epa.gov/EPADataCommons/ORD/Ecoregions/co/co_front.pdf>. CNHP 2021 Colorado Natural Heritage Program (CNHP). 2021. Ecological Systems of Colorado. Available online: <https://cnhp.colostate.edu/projects/ecological-systems-of-colorado/>. PRISM 2021 PRISM Climate Group: Northwest Alliance for Computational Science and Engineering. Available online: <http://www.prism.oregonstate.edu/>. USFWS 2021 USFWS. 2021. ECOS Environmental Conservation Online System. Colorado hookless cactus (Sclerocactus glaucus). <https://ecos.fws.gov/ecp/species/2280>. Note: Citations accessed August 5, 2021 AES | HIGH MESA RANCH SOLAR PROJECT (KLEBOLD PARCEL) Colorado Hookless Cactus Protocol Survey Page | 5 A Figures Appendix A: Figures AES | HIGH MESA RANCH SOLAR PROJECT (KLEBOLD PARCEL) Colorado Hookless Cactus Protocol Survey Page | 6 Figure 1. Project Area Location and Dominant Vegetation Communities in Surveyed Area AES | HIGH MESA RANCH SOLAR PROJECT (KLEBOLD PARCEL) Colorado Hookless Cactus Protocol Survey Page | 7 Figure 2. Survey Area and Photo Locations AES | HIGH MESA RANCH SOLAR PROJECT (KLEBOLD PARCEL) Colorado Hookless Cactus Protocol Survey Page | 8 B Photographs Appendix B: Photograph AES | HIGH MESA RANCH SOLAR PROJECT (KLEBOLD PARCEL) Colorado Hookless Cactus Protocol Survey Page | 9 Photograph 1 – Pinyon-juniper woodland vegetation community (suitable CHC habitat) Photograph 2 – Homogenous sagebrush shrubland vegetation community (suitable CHC habitat) Photograph 3 – Disturbed area within sagebrush shrubland. Sagebrush appears to have been removed/cleared (unsuitable habitat for CHC) AES High Mesa Solar – Land Use Change – Major Impact permit application (10/22/2021) AES High Mesa Solar – Garfield County 50 Please see the following pages for the Phase I ESA – AES High Mesa Solar, LLC published in January, 2021. PHASE I ENVIRONMENTAL SITE ASSESSMENT Appendix C3 Phase I Environmental Site Assessment KLEBOLD 1691 County Road 300, Parachute, Colorado 81635 Prepared for: AES High Mesa Solar, LLC Prepared by: January 2021 Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | i Contents Page No. Executive Summary ................................................................................................................. 1 RECs and Business Environmental Risks ............................................................................... 1 Recognized Environmental Condition (REC) .................................................................. 1 Historical REC (HREC) ................................................................................................... 2 Controlled REC (CREC) ................................................................................................. 3 Findings and Conclusions ...................................................................................................... 4 Recommendations ................................................................................................................... 4 1.0 Introduction ........................................................................................................................ 6 1.1 Purpose ........................................................................................................................... 6 1.1.1 Recognized Environmental Condition (REC) ........................................................ 6 1.2 Report Users ................................................................................................................... 7 1.3 Scope of Services, Significant Assumptions, and Limitations .......................................... 7 2.0 Site Description .................................................................................................................10 2.1 Location and Legal Description ..................................................................................... 10 2.2 Site and Vicinity Characteristics..................................................................................... 10 2.3 Description of Structures, Roads, and Other Site Improvements ................................... 10 2.4 Area Geology and Hydrogeology ................................................................................... 11 3.0 User-Provided Information ...............................................................................................13 4.0 Records Review ................................................................................................................14 4.1 Environmental Records Review ..................................................................................... 14 4.1.1 Online Agency File Sources ................................................................................20 4.2 Historical Use Information.............................................................................................. 20 4.2.1 Fire Insurance Maps ............................................................................................20 4.2.2 City Directory Information ....................................................................................20 4.2.3 Historical Aerial Photographs ..............................................................................20 4.2.4 Historical Topographic Maps ...............................................................................21 4.3 Environmental Liens, Activity Use Limitations and Additional Information ...................... 22 4.4 Summary of Previous Environmental Investigations ...................................................... 22 4.5 Interviews ...................................................................................................................... 22 4.6 Site Reconnaissance ..................................................................................................... 22 4.7 Utilities and PCBs .......................................................................................................... 24 5.0 Data Gap Analysis .............................................................................................................25 6.0 Findings, Opinions, and Conclusions .............................................................................26 6.1 Findings ......................................................................................................................... 26 6.2 Opinions ........................................................................................................................ 26 6.3 Conclusions ................................................................................................................... 28 7.0 Recommendations ............................................................................................................30 8.0 Qualifications of Environmental Professionals ..............................................................31 8.1 Signatures and Qualifications ........................................................................................ 31 8.1.1 Qualifications of Environmental Professionals .....................................................31 9.0 References .........................................................................................................................33 Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | ii Appendices Appendix A. Historical Topographic Map Report Appendix B. Radius Map Report with GeoCheck Appendix C. Aerial Photo Decade Package Appendix D. Project Area Site Photographs Tables Table 1. Summary of Environmental Database Search ........................................................... 14 Figures Figure 1. Project Area Location Map ........................................................................................ 12 Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | iii Acronyms and Abbreviations AAI All Appropriate Inquiry AES AES High Mesa Solar, LLC AIRS Aerometric Information Retrieval System amsl Above Mean Sea Level AST Aboveground Storage Tank ASTM American Society for Testing and Materials AUL Activity Use Limitation BBL Oil Barrel BER Business Environmental Risk BESS Battery Energy Storage Systems CDPHE Colorado Department of Public Health and Environment CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CERCLIS Comprehensive Environmental Response Compensation and Liability Information System CFR Code of Federal Regulations CO Colorado COGCC Colorado Oil and Gas Conservation Commission CO LAST CO Leaking Aboveground Storage Tank Sites CO LTANKS Active and Closed OPS Petroleum Release Events in CO CORRACTS Corrective Action Report CR County Road CREC Controlled REC DC Direct Current DOD Department of Defense DOT Department of Transportation ECHO Enforcement and Compliance History EDR Environmental Data Resources, Inc. ENG Engineering EPA Environmental Protection Agency Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | iv EPCRA Emergency Planning and Community Right-to-Know Act ERNS Emergency Response Notification System ESA Environmental Site Assessment FIFRA Federal Insecticide, Fungicide, and Rodenticide Act FINDS Facility Index System/Facility Registry System HAZWOPER Hazardous Waste Operations and Emergency Response HDR HDR, Inc. Hist Auto Historic Gas Station or Auto Repair Shop HMIRS Hazardous Materials Information Reporting System HREC Historical REC INST Institutional kg Kilogram LBP Lead-based Paint LQG Large Quantity Generator LTANKS Leaking Aboveground Storage Tank LUST Leaking Underground Storage Tank LUST TRUST LUST Trust Reimbursement Fund MLTS Material Licensing Tracking System MW Megawatt MWh Megawatt Hours NCP National Oil and Hazardous Substances Pollution Contingency Plan NFRAP No Further Remedial Action Planned NonGen/NLR Non-generators No Longer Regulated NPDES National Pollutant Discharge Elimination System NPL National Priorities List NRC Nuclear Regulatory Commission NRCS Natural Resources Conservation Service OH SWRCY Ohio Owned Landfill List OSHA Occupational Safety and Health Administration PADS PCB Activity Database System Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | v PCB Polychlorinated Biphenyl PRP Potentially Responsible Parties PV Photovoltaic QA Quality Assurance QC Quality Control RAATS RCRA Administrative Action Tracking System RCRA Resource Conservation and Recovery Act REC Recognized Environmental Condition ROD Record of Decision SWF/LF Solid Waste Facilities/Landfill Sites SWRCY Solid Waste Recycler TRIS Toxic Chemical Release Inventory System TSCA Toxic Substances Control Act TSD Treatment, Storage and Disposal US United States U.S.C. United States Code USDA United States Department of Agriculture USGS United States Geological Survey UST Underground Storage Tank VCP Voluntary Cleanup Program VSQG Very Small Quantity Generator Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 1 Executive Summary HDR, Inc. (HDR) conducted a Phase I Environmental Site Assessment (Phase I ESA) of the Klebold property, 1691 County Road (CR) 300, Parachute, Garfield County, Colorado (CO), parcel #240935100136 (Project Area). The total Project Area is approximately 340.01 acres, plus easement (3,500 feet length x 100 feet width). This Phase I ESA was prepared for AES High Mesa Solar, LLC (AES) who has requested a Phase I ESA of the aforementioned Project Area for their Holy Cross Photovoltaic (PV) and Battery Energy Storage Systems (BESS) Portfolio to determine its suitability for a planned greenfield solar project targeting up to 17 Megawatt (MW) Direct Current (DC) / 10 MW plus 20 Megawatt Hours (MWh) of battery storage. The Project Area consists of three portions: • The western portion consists of a flat top plateau that is divided into two areas. The northern area is used for crop growth and the southern area is vacant and wooded. This portion of the Project Area also contains the Klebold residence and two oil/gas pad infrastructure areas. • The central ravine portion is a steep, vacant, and wooded area that contains underground natural gas lines. • The eastern portion consists of a steep incline and a flat top plateau that contains oil/gas infrastructure (High Mesa Compressor Station). This Phase I ESA was conducted in accordance with the scope and limitations of the American Society for Testing and Materials (ASTM) Practice E1527-13. This report includes a summary of the site reconnaissance, a review of environmental databases, interviews, and a review of historical data sources. Any exceptions to or deletions from these ASTM practices are described later in this report. RECs and Business Environmental Risks Recognized Environmental Condition (REC) A Recognized Environmental Condition (REC) is defined as - the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment. The following RECs were identified: Spill Sites 1, 2, and 3 in Cluster A – These three spill sites refer to the same spill and site. This site is located in the northern central part of the western portion of the Project Area where Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 2 the entrance road (unnamed, unmarked gravel road [referred to as Richardson Road on maps] from CR 300) enters the Project Area from the north. The operator is named Caerus Picenance, LLC, and the surface land owner is Larry Klebold. On December 28, 2015 the following was reported: While hauling a load of produced water, a transport lost traction on a steep portion of the High Mesa Road and slid off of the road. A minimal amount of produced water released from the transport and flowed approximately 60 feet away from the transport. Absorbent materials were quickly deployed to soak up the fluid that did not immediately freeze. • A supplemental report on January 4, 2016 stated: Due to cold weather conditions, the affected surface is currently frozen and no samples have been collected. We are monitoring the affected surface and will collect confirmation samples from the spill path as soon as possible. • A further supplemental report on April 10, 2016, stated: A transport hauling produced water to our salt water disposal well lost traction on an icy road and slid off of it. Sand will be deployed along the steep portion of this road during icy conditions. Produced water is considered an industrial waste that is produced as a byproduct during the extraction of oil and natural gas. It is usually brine water that contains oil and high levels of dissolved suspended solids. Produced water may also contain heavy metals and traces of radioactive material. There is no indication of how much produced water spilled, other than “a minimal amount,” and there is no indication any samples were collected or that cleanup took place; thus, this spill is considered a REC. Spill Sites 1 and 2 in Cluster C – These two spill sites refer to the same spill and site. This site is located in the eastern portion of the Project Area on top of High Mesa in the area of the High Mesa Compressor Station. The operator is named Grand River Gathering, LLC, and the surface land owner is Encana Oil and Gas. On February 24, 2017, the following was reported: The catch basin of the pig launcher leaked produced water onto soil underneath. The suspected cause is a small hole in the catch basin caused by corrosion. The catch basin has been removed from service and will not be returned to service until it has been repaired. There is no indication of how much produced water leaked and there is no indication any samples were collected or that cleanup took place; thus, this spill is considered a REC. Historical REC (HREC) A Historical REC (HREC) is defined as - a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls). Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 3 The following HREC was identified: Spill Sites 1, 2, and 3 in Cluster F – These three spill sites refer to the same spill and site. This site is located off-site, adjacent to the southeast corner of the western plateau portion of the Project Area; however, the spill traveled into the central ravine portion of the Project Area. The operator is named Encana Oil & Gas (USA) Inc. / Caerus Picenance, LLC, and the surface land owner is Encana. On October 31, 2015, the following was reported: A 1" ball valve in the High Mesa to Wallace Creek 12" Water pipeline vault was found half open, resulting in release of produced water to surrounding area on slope, approximately 300 yards above Pete and Bill Creek. Immediate measures were taken to isolate line, stop flow and prevent surface flow of release from reaching the creek. Produced water was drawn out of the vault and remaining static volume in line was removed at injection facility, C17OU. No surface flow of the release reached the creek. Sampling of soils in affected area is being done. • A supplemental report on November 9, 2015, stated: The lateral and vertical extent was identified through discrete grab samples along the spill path and outside of the release area. Water samples were also collected from the creek and at the down gradient landowners water supply. Initial sampling of release complete. Release will be converted to a Form 27 after the most feasible and economical approach is selected. After Form 27 is complete and approved; work will proceed. • A further supplemental report on January 4, 2018 stated: A plug was put in the valve that was found open and soil has been remediated to meet table 910-1 please see document # 401502925. Form 27 is the Site Investigation and Workplan form from the State of Colorado Oil and Gas Conservation Commission (COGCC) (COGCC 2020a). Table 910-1 is from the Colorado Department of Public Health and Environment (CPDHE) 901 rules and regulations for Exploration and Production Waste (CDPHE 2020a). The table lists concentration limits for fuel constituents in soil and groundwater. Since the site was remediated to meet the requirements of Table 910-1, this spill is considered a HREC. Controlled REC (CREC) A Controlled REC (CREC) is defined as - a REC resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (for example, as evidenced by the issuance of a no further action letter or equivalent, or meeting risk-based criteria established by regulatory authority), with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls). No CRECs were identified. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 4 Business Environmental Risk (BER) A Business Environmental Risk (BER) is defined as - a risk which can have a material environmental or environmentally-driven impact on the business associated with the current or planned use of a parcel of commercial real estate, not necessarily limited to those environmental issues required to be investigated in this practice. The following BER was identified: • There are several oil/gas infrastructure pads located on or adjacent to the Project Area. This type of infrastructure is prone to spills and leaks of petroleum constituents, as indicated by the spills listed above. Findings and Conclusions HDR has reached the following findings and conclusions: • The Project Area consists of three portions: the western flat-top plateau area, which is used for crop growth to the north, has vacant wooded area to the south, and contains the Klebold residence and two oil/gas pad infrastructure areas; the central vacant wooded ravine portion; and the eastern portion with a steep incline and flat top plateau that contains oil/gas infrastructure (High Mesa Compressor Station). • Two RECs, one HREC, zero CRECs, and one BER were identified in connection with the Project Area. Recommendations Recommendations included in this report were developed through the investigative procedures described in the Scope of Services, Significant Assumptions, and Limitations sections of this report (see Section 2.3). These findings should be reviewed within the context of the limitations provided in the Limitations section. Based on the identified RECs, HRECs, CRECs, and BERs, HDR makes the following recommendations: • Determine from the oil/gas pad infrastructure owners the exact locations of the producted water spill release areas, and during construction of the solar project avoid all of the spill release areas mentioned above, and the oil/gas infrastructure pad areas in general. If construction work is performed in these areas, all applicable personnel performing construction type activities at the site must comply with Occupational Safety and Health Administration (OSHA) worker protection standards (29 Code of Federal Regulations [CFR] 1926 Construction Standards). A Materials Management Plan should be prepared and implemented to specify management practices for worker protection and possible excavation and disposal of contaminated materials in areas where contaminated soil and/or groundwater may be encountered during construction activities. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 5 A Phase II soil and/or groundwater sampling investigation should also be considered if excavation construction activities are performed on one of the spill release sites for worker safety, and soil and/or groundwater disposal purposes. HDR also recommends that AES consider the “shelf life” of Phase I documents in determining risk. ASTM Practice E1527-13: 4.6 states that a conforming “Phase I” report is valid for a period of 180 days, and may be updated during the 180 days to 1-year timeframe. The report is valid for use in any of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defenses ONLY if it is updated within this time frame. If greater than one year passes from the final report date, the Phase I effort would need to be repeated to remain in compliance with ASTM and the “All Appropriate Inquiry” protection. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 6 1.0 Introduction 1.1 Purpose The purpose of this Phase I Environmental Site Assessment (Phase I ESA) is to document the evaluation of the Project Area for indications of “recognized environmental conditions (RECs).” American Society for Testing and Materials (ASTM) Practice E1527-13 defines the following categories of RECs: 1.1.1 Recognized Environmental Condition (REC) The presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment. De minimis conditions are not RECs (see definition below). ASTM E 1527-13 defines release as a release of any hazardous substance or petroleum product and shall have the same meaning as the definition of “release” in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 42 United States Code (U.S.C.) § 9601(22)). Historical REC (HREC) A past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls). Controlled REC (CREC) A REC resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (for example, as evidenced by the issuance of a no further action letter or equivalent, or meeting risk-based criteria established by regulatory authority), with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls (for example, property use restrictions, activity and use limitations, institutional controls, or engineering controls). Additional conditions that are not included under the definitions of a REC, but are defined by ASTM Practice E1527-13 include: De Minimis A condition that generally does not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. Conditions determined to be de minimis conditions are not RECs, nor HRECs or CRECs. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 7 Business Environmental Risk (BER) A risk which can have a material environmental or environmentally-driven impact on the business associated with the current or planned use of a parcel of commercial real estate, not necessarily limited to those environmental issues required to be investigated in this practice. Consideration of business environmental risk issues may involve addressing one or more non- scope considerations. 1.2 Report Users HDR, Inc. (HDR) received authorization from AES High Mesa Solar, LLC (AES) to conduct a Phase I ESA of the Project Area. This Phase I ESA has been prepared for AES and only AES has the right to rely on the contents of this Phase I ESA without written authorization. 1.3 Scope of Services, Significant Assumptions, and Limitations The services provided for this project consisted of the following: • Provide a description of the Project Area including current land uses (Section 2.0). • Provide a general description of the topography, soils, geology, and groundwater flow (Section 2.4). • Provide a summary of user provided information (Section 3.0). • Review reasonably ascertainable and reviewable regulatory information published by federal, state, local, tribal, health, and/or environmental agencies pertaining to the Project Area (Section 4.1). • Review historical data sources for the Project Area, including aerial photographs, topographic maps, fire insurance maps, city directories, and other readily available development data (Section 4.2). • Provide a summary of environmental liens on the Project Area (Section 4.3). • Provide a summary of previous investigations of the Project Area (Section 4.4). • Interview the current owner of the Project Area and interview other persons with knowledge of the development history of the Project Area (Section 4.5). • Conduct area reconnaissance and an environmental review—including a visual review of adjoining properties—with a focus on indications of hazardous substances, petroleum products, polychlorinated biphenyls (PCBs), wells, storage tanks, solid waste disposal pits and sumps, and utilities (Sections 4.6 and 4.7). Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 8 • Determine data gaps in the information obtained and comment on their significance in identifying RECs for the Project Area (Section 5.0). • Prepare a written report of methods, findings, opinions and conclusions (Section 6.0). The goal of this scope of services is to assist the user in identifying conditions in the project area that may indicate risks regarding hazardous materials storage, disposal, or other impacts. The resulting report may qualify the user for relief from liabilities as one of three “defenses” identified in the 2002 Brownfields Amendments to the CERCLA Section 9607 (All Appropriate Inquiry [AAI] subsections). These three defenses include: 1. The “innocent landowner” defense to potential liabilities under 42 U.S.C. § 9601 2. The “contiguous project corridor owner” defense pursuant to 42 U.S.C. § 9607q 3. The “bona fide prospective purchaser” defense pursuant to 42 U.S.C. §9607r Federal regulations at (42 U.S.C §9601(35)(A) & (B),§9607(b)(3), §9607(q); and §9607(r)), promulgated by the United States Environmental Protection Agency (US EPA), require that liability release be based (in part) on completion of AAI prior to purchase of a property. Those inquiries are documented by Phase I reports, or ESAs. EPA has agreed that the recently developed ASTM guidance (ASTM Practice E1527-13: 3.2.6) specifies and interprets AAI requirements. A user is defined by ASTM Practice E1527-13: as the party seeking to use Practice E1527 to complete an ESA of the project area and may include a potential purchaser of land in the project area, a potential tenant of the project area, an owner of land in the project area, a lender, or a project area manager. Investigative areas not included in the standard ASTM ESA scope include: asbestos, lead-based paint (LBP), lead in drinking water, radon or urea formaldehyde, wetland issues, regulatory compliance, cultural and historic resources, industrial hygiene, health and safety, ecological resources, endangered species, and high voltage power lines. Indoor air quality from sources such as mold and asbestos is not included in the ASTM standard except to the extent that indoor air impacts are related to Superfund release and/or caused by releases of hazardous substances into subsurface soil or groundwater (vapor intrusion). The potential for vapor encroachment or intrusion into structures in the Project Area are considered and identified from on site or off site sources based on the experience of the Environmental Professional. The scope of services for ESA projects also does not include the completion of soil borings, the installation of groundwater monitoring wells, or the collection of soil or groundwater samples. State and national policies and standards relevant to vapor intrusion are in flux and subject to change. HDR has made certain assumptions in preparing the scope of this assessment: Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 9 • Data gathered from public information sources (i.e., libraries or public regulatory agencies) are accurate and reliable. • Site operations reflect site conditions relative to potential releases and no intentional concealment of environmental conditions or releases has occurred. • Interview information is directly reported as gathered by the assessor and is limited by the accuracy of the interviewee’s recollection and experience. • Published geologic information and site observations made by the environmental professional are used to estimate likely contaminant migration pathways in the subsurface. These estimates by the environmental professional are limited in accuracy and are generally cross-referenced with existing information about similar sites and environmental releases in the area. • Regulatory information is limited to sites identified after the late 1980s because reliable records were not kept by regulatory agencies prior to that time frame. The findings and conclusions presented in this report are based on the procedures described in ASTM Practice E1527-13, informal discussions with various agencies, a review of the available literature cited in this report, conditions noted at the time of this Phase I ESA, and HDR’s interpretation of the information obtained as part of this Phase I ESA. The findings and conclusions are limited to the specific project and properties described in this report, and by the accuracy and completeness of the information provided by others. An ESA cannot entirely eliminate uncertainty regarding the potential for RECs. Conducting this assessment is intended to reduce, but not eliminate, uncertainty regarding the potential for RECs in connection with a project area within reasonable limits of time and cost. In conducting its services, HDR used a degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the same locality. This Phase I ESA conforms to the level of documentation required in ASTM Practice E1527-13. However, HDR may omit discussion of certain records, i.e., sources deemed, in HDR’s professional opinion, to be inapplicable, or of limited value, to the specific needs of this client. In accordance with ASTM, however, if the lack of available documentation results in a data gap, this data gap is identified herein and its significance is discussed. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 10 2.0 Site Description 2.1 Location and Legal Description The Project Area is located at the Klebold property, 1691 County Road (CR) 300, in Parachute, Garfield County, Colorado (CO), parcel #240935100136, and consists of the following three portions: • The western portion consists of a flat top plateau that is divided into two areas. The northern area is used for crop growth and the southern area is vacant and wooded. This portion of the Project Area also contains the Klebold residence and two oil/gas pad infrastructure areas. • The central ravine portion is a steep, vacant, and wooded area that contains underground natural gas pipelines. • The eastern portion consists of a steep incline and a flat top plateau that contains oil/gas infrastructure (High Mesa Compressor Station). The total Project Area is approximately 340.01 acres, plus easement (3,500 feet length x 100 feet width). See Project Area location in Figure 1. See Section 4.6 for more details on the Project Area. 2.2 Site and Vicinity Characteristics The Project Area consists of two plateaus with a ravine dividing them. The main western portion of the Project Area is a plateau ranging from 5,400 feet above mean sea level (amsl) on the north side to 5,600 feet amsl on the south side. To the east is a steep ravine, which has an elevation of approximately 5,000 feet amsl at its lowest point. The ravine is labeled on the United States Geological Survey (USGS) 7.5-minute quadrangle map for Parachute as “Pete and Bill Creek.” East of the ravine the topography rises steeply to another plateau labeled “High Mesa,” which has an elevation of 6,195 feet amsl. (Environmental Data Resources, Inc. [EDR], 2020a). See Appendix A. 2.3 Description of Structures, Roads, and Other Site Improvements The Project Area is accessed from the north off of an unnamed, unmarked gravel road (referred to as Richardson Road on maps) from CR 300. A driveway leads off the gravel road to the west to the Klebold residence. The gravel road continues south along the eastern boundary of the western portion of the Project Area, then travels east near the southern boundary of the central ravine portion of the Project Area, then climbs up to the north to the top of the High Mesa plateau of the eastern portion of the Project Area. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 11 The western portion of the Project Area contains the Klebold home and garage in the northwest corner, an oil/gas pad infrastructure area in the northeast corner, and an oil oil/gas pad infrastructure area in the central eastern area. There are no structures in the central ravine area; however, the ravine area contains several underground natural gas pipelines. The eastern plateau area contains several structures associated with the High Mesa Compressor Station (an oil/gas pad infrastructure area), along with several other smaller oil/gas pad infrastructure areas. See Section 4.6 for more details on the Project Area. 2.4 Area Geology and Hydrogeology The geology of the majority of the Project Area is Quaternary Age older gravels and aluviums with unconsolidated eolian deposits, with some areas of Wasatch Formation (including Fort Union equivalent at base) and Ohio Creek Formation (USGS 2013). According to the United States Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) web soil survey (USDA 2020), the Project Area consists of eight different soil types; however, the following four types make up the vast majority of the Project Area: • Ildefonso stony loam, 25-45% slopes. This soil type is located on the upper half of the ravine slope of High Mesa and the bottom of the ravine. It is well drained with medium runoff and is found on alluvial fans, valley sides, and breaks. • Potts loam, 3-6% slopes. This soil type makes up the majority of the top of the western plateau. It is well drained with high runoff and is found on valley sides, benches, and mesas. • Potts loam, 6-12% slopes. This soil type is located on the western and eastern areas of the top of the western plateau and also the top of the High Mesa. It is well drained with high runoff and is found on valley sides, benches, and mesas. • Potts-Ildefonso complex, 12-25% slopes. This soil type is located on the lower half of the ravine slope of High Mesa. It is well drained with high runoff and is found on valley sides, benches, and mesas. The Colorado River is located approximately 0.5-miles northwest of the Project Area and flows to the west. Pete and Bill Creek is located at the bottom of the ravine that separates the Project Area, and flows to the northwest to the Colorado River. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 12 Figure 1. Project Area Location Map Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 13 3.0 User-Provided Information AES provided project information and descriptions to HDR. A User Questionnaire was also filled out on November 25, 2020, by Joshua Mayer, Business Development Manager, AES (ASTM 2020). Mr. Mayer stated the following: • The property is presently rural pasture land with a residence, and past use was as an alfalfa field. • No liens or activity use limitations are known. • No specific chemical storage is known, but there is oil and gas activity. • AES is aware of substantial oil and gas activity on the site, including a Memo For Water Disposal Lease, but does not know of any presence of releases or cleanups at the property. This information was reviewed and incorporated into this Phase I ESA report by HDR. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 14 4.0 Records Review 4.1 Environmental Records Review EDR was contracted by HDR to complete a database search of federal, state, and tribal environmental records for the Project Area and facilities in the designated search radii in proximity to the Project Area. A computerized environmental information database search was performed by EDR on November 6, 2020. The databases searched included federal, state, local, tribal, and EDR proprietary databases as defined by ASTM Practice E1527-13. The results of the database search are summarized in Table 1 and in the following paragraphs. A complete copy of the EDR environmental database report (EDR Area/Corridor Report) is included in Appendix B (EDR 2020b). Table 1. Summary of Environmental Database Search Database Description Facilities Listed Sites of Concern to the Project Area Federal DOD Department of Defense (DOD) sites. This data set consists of federally owned or administered lands, administered by the Department of Defense, that have any area equal to or greater than 640 acres of the United States, Puerto Rico, and the US Virgin Islands. 0 0 NPL The National Priorities List (NPL) is the U.S. EPA’s database of uncontrolled or abandoned hazardous waste facilities that have been listed for priority remedial actions under the Superfund program. 0 0 Delisted NPL The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) established the criteria that the EPA uses to delete sites from the NPL. 0 0 SEMS Superfund Enterprise Management System tracks hazardous waste sites, potentially hazardous waste sites and remedial activities performed in support of EPAs Superfund Program. Former Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS) list. 0 0 SEMS—Archive Superfund Enterprise Management System (SEMS) Archive, formerly the CERCLIS No Further Remedial Action Planned (NFRAP) database, is a compilation of facilities that the EPA has investigated or is currently investigating for a release or threatened release of hazardous substances pursuant to the CERCLA of 1980. NFRAP refers to facilities that have been removed and archived from its inventory of CERCLA sites. 0 0 Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 15 Table 1. Summary of Environmental Database Search Database Description Facilities Listed Sites of Concern to the Project Area RCRA TSDF The EPA maintains a database of Resource Conservation and Recovery Act (RCRA) facilities associated with the treatment, storage, and disposal (TSD) of hazardous materials. 0 0 RCRA VSQG RCRA - Very Small Quantity Generators (VSQG) (Formerly Conditionally Exempt Small Quantity Generators). 0 0 RCRA LGQ The RCRA Large quantity generators (LQG) produce at least 1,000 kilograms (kg)/month of nonacutely hazardous waste or 1 kg/month of acutely hazardous waste. 0 0 RCRA NonGen/NLR RCRA non-generators, no longer regulated. 0 0 CORRACTS Corrective Action Report: CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. 0 0 2020 COR ACTION This RCRA cleanup baseline includes facilities expected to need corrective action. 0 0 ROD Record of Decision (ROD) documents mandate a permanent remedy at an NPL site. 0 0 CONSENT Major legal settlements that establish responsibility for cleanup. 0 0 PRP A listing of verified Potentially Responsible Parties (PRP). 0 0 CO ERNS Emergency Response Notification System (ERNS) records and stores information on reported releases of oil and hazardous substances. 0 0 HMIRS Hazardous Materials Information Reporting System (HMIRS) contains hazardous material spill incidents reported to US Department of Transportation (DOT). 0 0 US ENG Controls A listing of sites with engineering controls in place. 0 0 US INST Controls A listing of sites with institutional controls in place. 0 0 AUL A listing of sites with Activity Use Limitations (AULs). 0 0 Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 16 Table 1. Summary of Environmental Database Search Database Description Facilities Listed Sites of Concern to the Project Area PADS PCB Activity Database System (PADS) identifies generators, transporters, commercial storers, and/or brokers and disposers of PCBs who are required to notify the EPA of such activities. 0 0 RAATS RCRA Administrative Action Tracking System (RAATS) contains records based on enforcement actions issued under RCRA pertaining to major violators and includes administrative and civil actions brought by the EPA. 0 0 MLTS Material Licensing Tracking System (MLTS) is maintained by the Nuclear Regulatory Commission (NRC) and contains a list of approximately 8,100 sites that possess or use radioactive materials and are subject to NRC licensing requirements. 0 0 TRIS Toxic Chemical Release Inventory System (TRIS) identifies facilities that release toxic chemicals into the air, water, and land in reportable quantities under the Superfund Amendments and Reauthorization Act of 1986 (SARA) Title III, Section 313. 0 0 FINDS Facility Index System/Facility Registry System (FINDS) contains both facility information and “pointers” to other sources that contain further detail. 3 0 TSCA Toxic Substances Control Act (TSCA) identifies manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory list. 0 0 FTTS Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)/TSCA Tracking System, FIFRA/TSCA. FTTS tracks administrative cases, pesticide enforcement actions, and compliance activities related to FIFRA, TSCA, and Emergency Planning and Community Right-to-Know Act (EPCRA). 0 0 ECHO Enforcement and Compliance History (ECHO) provides compliance and enforcement information. 3 0 MINES/ABADON ED MINES A listing of mines since 1971. 0 0 ICIS Integrated Compliance Information System (ICIS). 1 0 Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 17 Table 1. Summary of Environmental Database Search Database Description Facilities Listed Sites of Concern to the Project Area AIRS/US AIRS Aerometric Information Retrieval System (AIRS). A listing of Air Pollution permits and emissions data. 14 0 NPDES National Pollutant Discharge Elimination System (NPDES). A listing of permitted facilities from the Water Quality Control Division (WQCD). 0 0 State and Local SWF/LF State Landfill/ Historical Landfill The Colorado Department of Puplic Health and Environment (CDPHE) maintains a list of Solid Waste Facilities/Landfill Sites (SWF/LF), including active and inactive, permitted and nonpermitted solid waste disposal facilities. 0 0 SWRCY Solid Waste Recycler (SWRCY) list of recyclers in Colorado 0 0 Asbestos Asbestos abatement and demolition projects 0 0 CO VCP A listing of state and tribal Voluntary Cleanup Program (VCP) priority sites. 0 0 CO LUST Leaking Underground Storage Tanks (LUST) Site List - CDPHE provides a database of the LUSTs within the specified area based on LUST incident reports and cleanup actions underway. 0 0 CO LUST TRUST LUST Trust reimbursement fund to clean up petroleum contamination. 0 0 CO UST Underground Storage Tank (UST) Database - The State Oil Inspector’s Office maintains a Tank List, including USTs. USTs are regulated under subtitle I of RCRA. 0 0 CO AST Registered aboveground storage tanks (ASTs). 0 0 CO LAST A listing of Leaking Aboveground Storage Tank sites. This list is no longer maintained. 0 0 SPILLSs Chemical spills and incidents referred to the ERNS. 8 8 CO AIRS A listing of Air Pollution Control Division (APCD) permits and emissions data 0 0 Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 18 Table 1. Summary of Environmental Database Search Database Description Facilities Listed Sites of Concern to the Project Area Brownfields A brownfield site is an industrial or commercial project corridor that is abandoned, inactive, or underutilized, on which expansion or redevelopment is complicated because of the actual or perceived environmental contamination. 0 0 Hist Auto Historic gas stations or auto repair shops. 0 0 CO LTANKS Active and Closed OPS Petroleum Release Events in Colorado. 0 0 OH SWRCY Ohio owned landfill list. 0 0 Numerous air permits have been issued for the oil/gas infrastructure pads in the Project Area and in the surrounding area. The permits are not considered an environmental threat to the Project Area for the purposes of a Phase I ESA. Eight spills are documented in the database as having occurred either in the Project Area or immediately adjacent to the Project Area. These sites of concern to the Project Area are discussed below. Spill Sites 1, 2, and 3 in Cluster A – These three database listings have been determined to be the same site and incident. This site is located on the northernmost central part of the western portion of the Project Area where the entrance road enters the Project Area from the north (unnamed, unmarked gravel road [referred to as Richardson Road on maps] from CR 300). The operator is named Caerus Picenance, LLC, and the surface land owner is Larry Klebold. On December 28, 2015, the following was reported: While hauling a load of produced water, a transport lost traction on a steep portion of the High Mesa Road and slid off of the road. A minimal amount of produced water released from the transport and flowed approximately 60 feet away from the transport. Absorbent materials were quickly deployed to soak up the fluid that did not immediately freeze. • A supplemental report on January 4, 2016, stated: Due to cold weather conditions, the affected surface is currently frozen and no samples have been collected. We are monitoring the affected surface and will collect confirmation samples from the spill path as soon as possible. • A further supplemental report on April 10, 2016, stated: Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 19 A transport hauling produced water to our salt water disposal well lost traction on an icy road and slid off of it. Sand will be deployed along the steep portion of this road during icy conditions. Produced water is considered an industrial waste produced as a byproduct during the extraction of oil and natural gas. It is usually brine water that contains oil and high levels of dissolved suspended solids. Produced water may also contain heavy metals and traces of radioactive material. There is no indication of how much produced water spilled other than “a minimal amount,” and there is no indication any samples were collected or that cleanup took place; thus, this spill is considered a REC. Spill Sites 1 and 2 in Cluster C – These two database listings have been determined to be the same site and incident. This site is located on the top of High Mesa in the area of the High Mesa Compressor Station. The operator is named Grand River Gathering, LLC, and the surface land owner is Encana Oil and Gas. On February 24, 2017, the following was reported: The catch basin of the pig launcher leaked produced water onto soil underneath. The suspected cause is a small hole in the catch basin caused by corrosion. The catch basin has been removed from service and will not be returned to service until it has been repaired. There is no indication of how much produced water leaked, and there is no indication any samples were collected or that cleanup took place; thus, this spill is considered a REC. Spill Sites 1, 2, and 3 in Cluster F – These three database listings have been determined to be the same site and incident. This site is located off-site, adjacent to the southeast corner of the western plateau portion of the Project Area; however, the spill traveled into the central ravine portion of the Project Area. The operator is named Encana Oil & Gas (USA) Inc. / Caerus Picenance, LLC, and the surface land owner is Encana. On October 31, 2015, the following was reported: A 1" ball valve in the High Mesa to Wallace Creek 12" Water pipeline vault was found half open, resulting in release of produced water to surrounding area on slope, approximately 300 yards above Pete and Bill Creek. Immediate measures were taken to isolate line, stop flow and prevent surface flow of release from reaching the creek. Produced water was drawn out of the vault and remaining static volume in line was removed at injection facility, C17OU. No surface flow of the release reached the creek. Sampling of soils in affected area is being done. • A supplemental report on November 9, 2015, stated: The lateral and vertical extent was identified through discrete grab samples along the spill path and outside of the release area. Water samples were also collected from the creek and at the down gradient landowners water supply. Initial sampling of release complete. Release will be converted to a Form 27 after the most feasible and economical approach is selected. After Form 27 is complete and approved; work will proceed. • A supplemental report on January 4, 2018, stated: Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 20 A plug was put in the valve that was found open and soil has been remediated to meet table 910-1 please see document # 401502925. Form 27 is the Site Investigation and Workplan form from the State of Colorado Oil and Gas Conservation Commission (COGCC) (COGCC 2020a). Table 910-1 is from the Colorado Department of Public Health and Environment (CPDHE) 901 rules and regulations for Exploration and Production Waste (CDPHE 2020a). The table lists concentration limits for fuel constituents in soil and groundwater. Since the site was remediated to meet the requirements of Table 910-1, this spill is considered a HREC. 4.1.1 Online Agency File Sources HDR conducted a web search on November 16, 2020, to supplement the database and determine whether any other potentially contaminated sites were located within a 0.25-mile radius of the Project Area. The following websites were searched: • The CDPHE Voluntary Cleanup and Redevelopment Program (CDPHE 2020b) https://www.colorado.gov/pacific/cdphe/voluntary-cleanup • The CDPHE Brownfields Program (CDPHE 2020c) https://www.colorado.gov/pacific/cdphe/brownfields No additional information was obtained from the online sources. 4.2 Historical Use Information The objective of reviewing historical use information is to develop a history of previous land uses at and in the vicinity of the Project Area and to assess these uses for potential hazardous materials impacts that may affect the Project Area. HDR reviewed those historical sources that were reasonably ascertainable and likely to provide useful information, as defined by the ASTM Practice E1527-13 standard. 4.2.1 Fire Insurance Maps Due to its rural setting, the Project Area is in an unmapped area for Sanborn Fire Insurance Maps. 4.2.2 City Directory Information Due to it rural setting, City Directories are not available for the Project Area. 4.2.3 Historical Aerial Photographs Historical aerial photographs are a valuable resource that allow the environmental professional to review features of the Project Area and surrounding properties over a long period of time. HDR reviewed an Aerial Photo Decade Package of historical aerial photographs provided by EDR for the following years: 1955, 1960, 1967, 1980, 1982, 1993, 2009, 2013, and 2019 (EDR 2020c) (see Appendix C). Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 21 1955 – 1980: The access road to the north of the Project Area is present. The western plateau portion of the Project Area is used for agriculture. No structures are present. The remainder of the Project Area is vacant land. 1982 - 1993: The aerial photographs appear essentially the same as in 1980 except there are more dirt roads in the general area. 2009: The Project Area has changed since 1993. The western plateau portion is still used for agriculture; however, a ranch is present in the northwest corner, along with a pond and an area of disturbed land directly south of the pond and east of the ranch. Oil/gas infrastructure pads are located in the northeast corner of the western plateau portion of the Project Area, along the central eastern boundary, and adjacent to the south of the southeastern corner of the western portion of the Project Area. The High Mesa Compressor Station is also present on top of the plateau of the eastern portion of the Project Area. 2013 – 2019: There are no significant changes from the 2009 aerial photograph. The western plateau area has been used for agriculture since at least 1955. Oil/gas infrastructure pads have been present on or adjacent to the Project Area since at least 2009. 4.2.4 Historical Topographic Maps Historical topographic maps provide an overview of the area relative to potential previous land uses. HDR reviewed historical topographic maps of the Project Area provided by EDR (EDR, 2020a) (see Appendix A). The following USGS 7.5 minute series topographic maps were reviewed: Parachute (1962, 2013), Housetop Mountain (1962, 2013), and Grand Valley (1929, 1962). 1929: Pete and Bill Creek is labeled in the ravine that separates the Project Area between the western and eastern plateaus. The eastern plateau is labeled as High Mesa. Several dirt roads are located in the Project Area. A few small structures are located in the Project Area: two along the northern boundary of the western plateau, one along the western boundary of the western plateau, one on the southern part of the ravine, and one on top of the eastern plateau (High Mesa). 1962: Pete and Bill Creek is labeled in the ravine that separates the Project Area between the western and eastern plateaus. The eastern plateau is labeled as High Mesa. The main access road is present running north to south along the eastern boundary of the western plateau. No structures are present on the map. 2013: There are no significant changes from the 1962 topographic map, except Dry Pen Airport is labeled adjacent to the north of the western plateau. This airport was not observed during the site reconnaissance and it is most likely a small landing strip. Indications of environmental impacts were not identified during the review of historical topographic maps. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 22 4.3 Environmental Liens, Activity Use Limitations and Additional Information Environmental liens and activity and use limitations (AULs) were searched as part of the database search discussed in Section 4.1 above. No environmental liens were identified. 4.4 Summary of Previous Environmental Investigations Previous environmental investigations of the Project Area were not provided, discovered, nor conducted by HDR. 4.5 Interviews A Property Owner Interview Form was sent to AES on November 10, 2020, who then forwarded it to the property owner. Larry and Karen Klebold, property owners, returned the filled out form on December 10, 2020. The Klebolds stated the following (Klebold 2020): • They have owned the land since 1996. • It was previously used for agriculture and currently continues to be used for agriculture. • They are not aware of any current or past chemical, petroleum, or hazardous waste spills or leakage of tanks; environmental concerns; environmental cleanups; or environmental liens on or near their parcel. • They have a septic system. 4.6 Site Reconnaissance HDR visited the Project Area and surrounding properties and conducted a reconnaissance on November 2, 2020. Adjacent properties were generally not accessed and were observed from the Project Area roads or right of ways. The Project Area consists of three portions: • The western portion consists of a flat top plateau area that is divided into two areas. The northern area is used for crop growth and the southern area is vacant and wooded. This portion of the Project Area also contains the Klebold residence and two oil/gas pad infrastructure areas. • The central ravine portion is a steep, vacant, and wooded area that contains underground natural gas pipelines. • The eastern portion consists of a steep incline and a flat top plateau that contains oil/gas infrastructure (High Mesa Compressor Station). Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 23 The Project Area was accessed from the north off of an unnamed unmarked gravel road (referred to as Richardson Road on maps) from CR 300. A driveway leads off the gravel road to the west to the Klebold residence, which is located near the northwest corner of the Project Area. The Klebold house and garage were observed from the exterior only. A powerline leads to the residence and it contains one-pole mounted transformer. No leaks or stains or polychlorinated biphenyl (PCB) stickers were observed. There are two approximately 200-gallon fuel aboveground storage tanks (ASTs) next to the garage. No stains, leaks, or stressed vegation were observed. A large flat irrigated field lies southeast of the residence. Two empty drainage areas are located northeast of the residence. Miscellaneous debris was observed on the east side of the southernmost drainage area. The debris was mostly various types of wood, and no hazardous materials were observed. The gravel road was followed to the northeastern corner of the western portion of the Project Area to an oil/gas pad infrastructure area. The area has numerous ASTs containing produced water or oil, along with valves, piping, and other structures. Most of the ASTs contain either 300 oil barrels (BBL) (roughly 12,000 gallons), or 625 BBLs (roughly 25,000 gallons) of produced water or oil. All of the ASTs had secondary containment and no leaks, stains, or odors were observed. The gravel road was then followed to the eastern boundary of the central area of the western portion of the Project Area to another oil/gas pad infrastructure area that was similar to the first. A wooded area is located to the west and south of the oil/gas pad and south of the irrigated land. Another oil/gas pad infrastructure area is located adjacent to the southeast corner of the western portion of the Project Area. No leaks, stains, or odors were observed at either of these areas. A steep ravine is located to the east of the western portion of the Project Area. This heavily wooded area contains numerous underground natural gas line markers. The gravel road then climbs steeply up to the top of the eastern portion of the Project Area and passes several smaller oil/gas pad infrastructure areas. On top of the plateau is the High Mesa Compressor Station, which is a large area of oil/gas infrastructure containing numerous ASTs of various sizes and contents, valves, piping, sheds, etc. All of the ASTs have secondary containment and no leaks, odors, or stains were observed. Most of this area was observed from outside locked fences and gates. An overhead powerline, several pad-mounted electric transformers, and one pole-mounted transformer are in this area. No leaks or stains, or PCB stickers were observed. Frac water holding ponds are adjacent to the northeastern corner of the eastern portion of the Project Area. No leaks or stains were observed; however, there was a strong fuel odor. The surrounding area is mostly vacant land with interspersed agricultural land and ranches along with numerous oil/gas infrastructure pads. Other than the two small ASTs next to the Klebold garage and the numerous large ASTs at the various oil/gas pad infrastructure areas, no hazardous materials were observed. No leaks or stains were observed near any of the ASTs, valves, or piping. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 24 Photographs taken during the Project Area reconnaissance are available in Appendix D. 4.7 Utilities and PCBs Overhead powerlines run to the Klebold residence and to the High Mesa Compressor Station. One pole-mounted transformer was observed near the Klebold residence, and one-pole mounted and several pad-mounted transformers were observed at the High Mesa Compressor Station. No stickers indicating PCB content were observed on the transformers and no stains were observed. Numerous underground natural gas line markers were observed in the ravine portion of the Project Area. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 25 5.0 Data Gap Analysis The ASTM Practice E1527-13 standards require a listing of “data gaps,” including data failure, encountered during the investigative process that may affect the validity of the conclusions drawn by the environmental professional. The ASTM Practice E1527-13: 12.7 standard also requires that the environmental professional estimate the relative importance of the data gaps. Generally, gaps in available data are related to the availability of historical data sources for specific sites of concern. The environmental professional uses multiple historical data sources as a method to provide coverage for data gaps. Historical information is collected on a recurring basis, and the passage of time between data sets may or may not constitute a significant gap in data coverage. For this project, the following items may constitute data gaps as defined by ASTM Practice E1527-13: • Absence of Sanborn fire insurance maps and city directories • No access to Klebold residence and garage • Limited access to High Mesa Compressor Station These data gaps do not appear to be significant due to observations made from the Project Area, database information, and the supplemental historical information. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 26 6.0 Findings, Opinions, and Conclusions HDR has conducted a Phase I ESA of the Klebold property, 1691 CR 300, Parachute, Garfield County, CO, parcel #240935100136 (Project Area). This Phase I ESA has been prepared for AES who has requested a Phase I ESA of the aforementioned Project Area for their Holy Cross PV and BESS Portfolio to determine its suitability for a planned greenfield solar project targeting up to 17 MW DC / 10 MW plus 20 MWh of battery storage. This Phase I ESA was performed in accordance with the scope and limitations of ASTM Practice E1527-13. Any exceptions to, or deletions from, this practice are described previously in this report. Included in this Phase I ESA are a summary of the Project Area reconnaissance, interviews, and a review of the environmental database search report, historical data sources, and other records. 6.1 Findings The Project Area is accessed from the north from an unnamed gravel road off of CR 300 and consists of three portions: • The western portion consists of a flat top plateau that is divided into two areas. The northern area is used for crop growth and the southern area is vacant and wooded. This portion of the Project Area also contains the Klebold residence and two oil/gas pad infrastructure areas. • The central ravine portion is a steep, vacant, and wooded area that contains underground natural gas pipelines. • The eastern portion consists of a steep incline and a flat top plateau that contains oil/gas infrastructure (High Mesa Compressor Station). The total Project Area is approximately 340.01 acres, plus easement (3,500 feet length x 100 feet width). The surrounding area is mostly vacant land with interspersed agricultural land and ranches along with numerous oil/gas infrastructure pads. 6.2 Opinions HDR has reviewed all of the stated data sources that are part of the ASTM Practice E1527-13 assessment protocol. Based upon the review of the data, HDR has developed the following professional opinions: RECs The following two RECs were identified: Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 27 Spill Sites 1, 2, and 3 in Cluster A – These three spill sites refer to the same spill and site. This site is located on the northern central part of the western portion of the Project Area where the entrance road enters the Project Area from the north (unnamed unmarked gravel road [referred to as Richardson Road on maps] from CR 300). The operator is named Caerus Picenance, LLC, and the surface land owner is Larry Klebold. On December 28, 2015, the following was reported: While hauling a load of produced water, a transport lost traction on a steep portion of the High Mesa Road and slid off of the road. A minimal amount of produced water released from the transport and flowed approximately 60 feet away from the transport. Absorbent materials were quickly deployed to soak up the fluid that did not immediately freeze. • A supplemental report on January 4, 2016, stated: Due to cold weather conditions, the affected surface is currently frozen and no samples have been collected. We are monitoring the affected surface and will collect confirmation samples from the spill path as soon as possible. • A further supplemental report on April 10, 2016, stated: A transport hauling produced water to our salt water disposal well lost traction on an icy road and slid off of it. Sand will be deployed along the steep portion of this road during icy conditions. Produced water is considered an industrial waste produced as a byproduct during the extraction of oil and natural gas. It is usually brine water that contains oil and high levels of dissolved suspended solids. Produced water may also contain heavy metals and traces of radioactive material. There is no indication of how much produced water spilled other than “a minimal amount”, and there is no indication any samples were collected or that cleanup took place; thus, this spill is considered a REC. Spill Sites 1 and 2 in Cluster C – These two spill sites refer to the same spill and site. This site is located in the eastern portion of the Project Area on the top of High Mesa in the area of the High Mesa Compressor Station. The operator is named Grand River Gathering, LLC, and the surface land owner is Encana Oil and Gas. On February 24, 2017, the following was reported: The catch basin of the pig launcher leaked produced water onto soil underneath. The suspected cause is a small hole in the catch basin caused by corrosion. The catch basin has been removed from service and will not be returned to service until it has been repaired. There is no indication of how much produced water leaked, and there is no indication any samples were collected or that cleanup took place; thus, this spill is considered a REC. HRECs The following HREC was identified: Spill Sites 1, 2, and 3 in Cluster F – These three spill sites refer to the same spill and site. This site is located off-site, adjacent to the southeast corner of the western plateau portion of the Project Area; however, the spill traveled into the ravine area of the Project Area. The operator is Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 28 named Encana Oil & Gas (USA) Inc. / Caerus Picenance, LLC, and the surface land owner is Encana. On October 31, 2015 the following was reported: A 1" ball valve in the High Mesa to Wallace Creek 12" Water pipeline vault was found half open, resulting in release of produced water to surrounding area on slope, approximately 300 yards above Pete and Bill Creek. Immediate measures were taken to isolate line, stop flow and prevent surface flow of release from reaching the creek. Produced water was drawn out of the vault and remaining static volume in line was removed at injection facility, C17OU. No surface flow of the release reached the creek. Sampling of soils in affected area is being done. • A supplemental report on November 9, 2015, stated: The lateral and vertical extent was identified through discrete grab samples along the spill path and outside of the release area. Water samples were also collected from the creek and at the down gradient landowners water supply. Initial sampling of release complete. Release will be converted to a Form 27 after the most feasible and economical approach is selected. After Form 27 is complete and approved; work will proceed. • A further supplemental report on January 4, 2018, stated: A plug was put in the valve that was found open and soil has been remediated to meet table 910-1 please see document # 401502925. Form 27 is the Site Investigation and Workplan form from the State of Colorado Oil and Gas Conservation Commission (COGCC) (COGCC 2020a). Table 910-1 is from the Colorado Department of Public Health and Environment (CPDHE) 901 rules and regulations for Exploration and Production Waste (CDPHE 2020a). The table lists concentration limits for fuel constituents in soil and groundwater. Since the site was remediated to meet the requirements of Table 910-1, this spill is considered a HREC. CRECs No CRECs were identified. BERs The following BER was identified: • There are several oil/gas infrastructure pads located on or adjacent to the Project Area. This type of infrastructure is prone to spills and leaks of petroleum constituents as indicated by the spills listed above. 6.3 Conclusions Based upon the above-detailed Findings and Opinions, HDR concludes that two RECs, one HREC, zero CRECs, and one BER have been identified in the Project Area. The following Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 29 statement is required by ASTM Practice E1527-13 as a positive declaration of whether RECs were found: HDR has performed a Phase I ESA in conformance with the scope and limitations of ASTM Practice E1527-13 of the Klebold property, 1691 CR 300, Parachute, Garfield County, Colorado CO, parcel #240935100136 (Project Area). Any exceptions to or deletions from these practices are described in previous sections of this report. This report has revealed two RECs, one HREC, zero CRECs, and one BER in connection with the Project Area. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 30 7.0 Recommendations Recommendations included in this report were developed through the investigative procedures previously described in the Scope of Services, Significant Assumptions, and Limitations sections. These findings should be reviewed within the context of the limitations provided in the Limitations section. Based on the identified RECs, HRECs, CRECS, and BERs, HDR makes the following recommendations: • Determine from the oil/gas pad infrastructure owners the exact locations of the producted water spill release areas, and during construction of the solar project, avoid all of the spill release areas mentioned above and the oil/gas infrastructure pad areas in general. If construction work is performed in these areas, all applicable personnel performing construction type activities at the site must comply with Occupational Safety and Health Administration (OSHA) worker protection standards (29 Code of Federal Regulations [CFR] 1926 Construction Standards). A Materials Management Plan should be prepared and implemented to specify management practices for worker protection and possible excavation and disposal of contaminated materials in areas where contaminated soil and/or groundwater may be encountered during construction activities. If excavation construction activities are performed on one of the spill release sites a Phase II soil and/or groundwater sampling investigation should also be considered for worker safety and soil and/or groundwater disposal purposes. HDR also recommends that AES consider the “shelf life” of Phase I documents in determining risk. ASTM Practice E1527-13: 4.6 states that a conforming “Phase I” report is valid for a period of 180 days, and may be updated during the 180 days to 1-year timeframe. The report is valid for use in any of the CERCLA defenses ONLY if it is updated within this time frame. If greater than one year passes from the final report date, the Phase I effort would need to be repeated to remain in compliance with ASTM and the “All Appropriate Inquiry” protection. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 31 8.0 Qualifications of Environmental Professionals 8.1 Signatures and Qualifications We declare that, to the best of our professional knowledge and belief, we meet the definition of environmental professional as defined in Section 312.10 of 40 Code of Federal Regulations (CFR) Part 312. We have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. We have developed and performed the AAIs in conformance with standards and practices set forth in 40 CFR Part 312. Todd Wickert, M.S. Project Manager HDR, Inc. Greg Kelly, PG Senior Hydrogeologist HDR, Inc. 8.1.1 Qualifications of Environmental Professionals This Phase I ESA was performed by the following HDR personnel: • Mr. Wickert has a Master’s Degree in Environmental Policy and Management with more than 26 years of experience providing environmental compliance and restoration services to federal, state, and commercial clients. He has performed and managed in excess of 400 Phase I and Phase II environmental site assessment and site characterizations; has managed the installation of groundwater monitoring wells; has managed UST removal, remediation, and long-term monitoring projects; has managed large-scale asbestos abatement projects; has performed asbestos inspections; has performed LBP surveys; has developed and authored various documents such as work plans, field sampling plans, quality assurance plans, environmental management plans, and Site Inspection (SI) reports; has provided contractor oversight; conducted health and safety audits, and environmental baseline surveys; and has managed environmental laboratory scientists and support staff. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 32 • Mr. Wickert has the following registrations and certifications relevant to the environmental field: o 40 Hour Hazardous Waste Operations and Emergency Response (HAZWOPER) o State of Colorado Certified Asbestos Inspector No. 1568 o State of Colorado, Petroleum Tank Committee, Registered Professional Environmental Scientist No. 5474. Quality Assurance/Quality Control (QA/QC) was performed by the following HDR Personnel: • Mr. Greg Kelly, PG is a qualified environmental professional, as defined by ASTM Practice E1527-13, and has more than 32 years of experience in investigative hydrogeology at CERCLA, RCRA, and commercial hazardous waste sites. He has extensive experience at petroleum hydrocarbon contaminated sites and has managed the design, construction, and implementation of soil and groundwater remediation systems including: soil vapor extraction, air sparge, dual-phase extraction, oxygen diffusion, bioremediation, chemical oxidation, monitored natural attenuation, and excavation and disposal. He is skilled in the application of geologic and hydrologic principles in a variety of complex hydrogeologic settings and has conducted numerous remedial investigations of groundwater, surface water, sediment, soil, and soil vapor. Klebold Phase 1 Environmental Site Assessment 1691 County Road 300 Parachute, Garfield County, Colorado January 2021 | 33 9.0 References American Society for Testing and Materials (ASTM) Practice E1527-13, 2013. Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. ASTM, 2020. User Questionnaire. AES High Mesa Solar, LLC. November 25, 2020. Colorado Department of Public Health and Environment (CDPHE), 2020a. CDPHE 901 rules and regulations for Exploration and Production Waste, Table 910-1. CDPHE, 2020b. CDPHE Voluntary Cleanup and Redevelopment Program (https://www.colorado.gov/pacific/cdphe/voluntary-cleanup). November 16, 2020 CDPHE, 2020c. The CDPHE Brownfields Program (https://www.colorado.gov/pacific/cdphe/brownfields). November 16, 2020 Colorado Oil and Gas Conservation Commission (COGCC), 2020. Form 27 - Site Investigation and Workplan form. Environmental Data Resources (EDR), 2020a. Historical Topo Map Report. Garfield Klebold Larry A Karen, Parachute, CO 81635. November 9, 2020. EDR, 2020b. EDR Area/Corridor Report. Garfield Klebold Larry A Karen, Parachute, CO 81635. November 6, 2020. EDR, 2020c. The EDR Aerial Photo Decade Package. Garfield Klebold Larry A Karen, Parachute, CO 81635. November 11, 2020. Klebold, 2020. Property Owner Interview Form. Larry and Karen Klebold. December 10, 2020. USDA, 2020. United States Department of Agriculture (USDA), 2020. Natural Resources Soil Conservation (NRSC) database ttps://websoilsurvey.sc.egov.usda.gov/App/ WebSoilSurvey.aspx. Accessed November 16, 2021. USGS, 2013. United States Geological Survey (USGS) Mineral Resources On-line Spatial Data. Colorado Geologic Map Data. http://mrdata.usgs.gov/sgmc/co.html. Accessed November 16, 2020 Appendix A. Historical Topographic Map Report EDR Historical Topo Map Report Inquiry Number: 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com with QuadMatch™ Garfield Davis Stephen S Christina Garfield Davis Stephen S Christina Silt, CO 81652 November 09, 2020 6253164.5 EDR Historical Topo Map Report EDR Inquiry # Search Results: P.O.# Project: Maps Provided: Disclaimer - Copyright and Trademark Notice EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. page- Coordinates: Latitude: Longitude: UTM Zone: UTM X Meters: UTM Y Meters: Elevation: Contact: Site Name: Client Name: 2013 1987 1982 1962, 1963 1910 1906 11/09/20 Garfield Davis Stephen S Christina HDR Garfield Davis Stephen S Christina 9781 S Meridian Boulevard, Ste 300 Silt, CO 81652 Englewood, CO 80112 6253164.5 Todd Wickert EDR Topographic Map Library has been searched by EDR and maps covering the target property location as provided by HDR were identified for the years listed below. EDR’s Historical Topo Map Report is designed to assist professionals in evaluating potential liability on a target property resulting from past activities. EDRs Historical Topo Map Report includes a search of a collection of public and private color historical topographic maps, dating back to the late 1800s. NA 39.5086 39° 30' 31" North 10259080-002 -107.6641 -107° 39' 51" West Zone 13 North 270955.64 4376608.01 5767.01' above sea level This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2020 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. 6253164 5 2 page Topo Sheet Key This EDR Topo Map Report is based upon the following USGS topographic map sheets. - 2013 Source Sheets 2013 Silt 7.5-minute, 24000 2013 Hunter Mesa 7.5-minute, 24000 1987 Source Sheets 1987 Silt 7.5-minute, 24000 Aerial Photo Revised 1982 1987 Hunter Mesa 7.5-minute, 24000 Aerial Photo Revised 1982 1982 Source Sheets 1982 Silt 7.5-minute, 24000 Aerial Photo Revised 1979 1982 Hunter Mesa 7.5-minute, 24000 Aerial Photo Revised 1979 1962, 1963 Source Sheets 1962 Silt 7.5-minute, 24000 Aerial Photo Revised 1960 1963 Hunter Mesa 7.5-minute, 24000 Aerial Photo Revised 1962 6253164 5 3 page Topo Sheet Key This EDR Topo Map Report is based upon the following USGS topographic map sheets. - 1910 Source Sheets 1910 Grand Hogback 30-minute, 125000 1906 Source Sheets 1906 Grand Hogback 30-minute, 125000 6253164 5 4 Historical Topo Map page SITE NAME: ADDRESS: CLIENT: This report includes information from the following map sheet(s). - EW SW S SE NW N NE 2013 0 Miles 0.25 0.5 1 1.5 Garfield Davis Stephen S Christina Garfield Davis Stephen S Christina Silt, CO 81652 HDR TP, Silt, 2013, 7.5-minute S, Hunter Mesa, 2013, 7.5-minute 6253164 5 5 Historical Topo Map page SITE NAME: ADDRESS: CLIENT: This report includes information from the following map sheet(s). - EW SW S SE NW N NE 1987 0 Miles 0.25 0.5 1 1.5 Garfield Davis Stephen S Christina Garfield Davis Stephen S Christina Silt, CO 81652 HDR TP, Silt, 1987, 7.5-minute S, Hunter Mesa, 1987, 7.5-minute 6253164 5 6 Historical Topo Map page SITE NAME: ADDRESS: CLIENT: This report includes information from the following map sheet(s). - EW SW S SE NW N NE 1982 0 Miles 0.25 0.5 1 1.5 Garfield Davis Stephen S Christina Garfield Davis Stephen S Christina Silt, CO 81652 HDR TP, Silt, 1982, 7.5-minute S, Hunter Mesa, 1982, 7.5-minute 6253164 5 7 Historical Topo Map page SITE NAME: ADDRESS: CLIENT: This report includes information from the following map sheet(s). - EW SW S SE NW N NE 1962, 1963 0 Miles 0.25 0.5 1 1.5 Garfield Davis Stephen S Christina Garfield Davis Stephen S Christina Silt, CO 81652 HDR TP, Silt, 1962, 7.5-minute S, Hunter Mesa, 1963, 7.5-minute 6253164 5 8 Historical Topo Map page SITE NAME: ADDRESS: CLIENT: This report includes information from the following map sheet(s). - EW SW S SE NW N NE 1910 0 Miles 0.25 0.5 1 1.5 Garfield Davis Stephen S Christina Garfield Davis Stephen S Christina Silt, CO 81652 HDR TP, Grand Hogback, 1910, 30-minute 6253164 5 9 Historical Topo Map page SITE NAME: ADDRESS: CLIENT: This report includes information from the following map sheet(s). - EW SW S SE NW N NE 1906 0 Miles 0.25 0.5 1 1.5 Garfield Davis Stephen S Christina Garfield Davis Stephen S Christina Silt, CO 81652 HDR TP, Grand Hogback, 1906, 30-minute 6253164 5 10 Appendix B. Radius Map Report with GeoCheck tropeR rodirroC / aerA RDE 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com Garfield Davis Stephen S Christina Garfield Davis Stephen S Christina Silt, CO 81652 Inquiry Number: 6253164.7s November 06, 2020 SECTION PAGE Executive Summary ES1 Mapped Sites Summary 2 Key Map 2 Map Findings Summary 3 Focus Maps 7 Map Findings 9 Orphan Summary OR-1 Government Records Searched/Data Currency Tracking GR-1 TC6253164.7s Page 1 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2020 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TABLE OF CONTENTS EXECUTIVE SUMMARY TC6253164.7s EXECUTIVE SUMMARY 1 A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA’s Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. SUBJECT PROPERTY INFORMATION ADDRESS GARFIELD DAVIS STEPHEN S CHRISTINA SILT, CO 81652 TARGET PROPERTY SEARCH RESULTS The Target Property was identified in the following databases. Page Numbers and Map Identifcations refer to the EDR Area/Corridor Report where detailed data on individual sites can be reviewed. Sites listed in bold italics are in multiple databases. SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. TC6253164.7s Page 2 NO MAPPED SITES FOUND MAPPED SITES SUMMARY Target Property: GARFIELD DAVIS STEPHEN S CHRISTINA SILT, CO 81652 FOCUS MAP DIST (ft. & mi.)MAP ID / DATABASE ACRONYMS DIRECTIONSITE NAME ADDRESS MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list 0 NR 0 0 0 0 1.000NPL 0 NR 0 0 0 0 1.000Proposed NPL 0 NR 0 0 0 0 1.000NPL LIENS Federal Delisted NPL site list 0 NR 0 0 0 0 1.000Delisted NPL Federal CERCLIS list 0 NR NR 0 0 0 0.500FEDERAL FACILITY 0 NR NR 0 0 0 0.500SEMS Federal CERCLIS NFRAP site list 0 NR NR 0 0 0 0.500SEMS-ARCHIVE Federal RCRA CORRACTS facilities list 0 NR 0 0 0 0 1.000CORRACTS Federal RCRA non-CORRACTS TSD facilities list 0 NR NR 0 0 0 0.500RCRA-TSDF Federal RCRA generators list 0 NR NR NR 0 0 0.250RCRA-LQG 0 NR NR NR 0 0 0.250RCRA-SQG 0 NR NR NR 0 0 0.250RCRA-VSQG Federal institutional controls / engineering controls registries 0 NR NR 0 0 0 0.500LUCIS 0 NR NR 0 0 0 0.500US ENG CONTROLS 0 NR NR 0 0 0 0.500US INST CONTROLS Federal ERNS list 0 NR NR NR NR NR TPERNS State- and tribal - equivalent CERCLIS N/A N/A N/A N/A N/A N/A N/ASHWS State and tribal landfill and/or solid waste disposal site lists 0 NR NR 0 0 0 0.500SWF/LF State and tribal leaking storage tank lists 0 NR NR 0 0 0 0.500LAST 0 NR NR 0 0 0 0.500LTANKS 0 NR NR 0 0 0 0.500LUST 0 NR NR 0 0 0 0.500INDIAN LUST TC6253164.7s Page 1 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted 0 NR NR 0 0 0 0.500LUST TRUST State and tribal registered storage tank lists 0 NR NR NR 0 0 0.250FEMA UST 0 NR NR NR 0 0 0.250UST 0 NR NR NR 0 0 0.250AST 0 NR NR NR 0 0 0.250INDIAN UST State and tribal institutional control / engineering control registries 0 NR NR 0 0 0 0.500AUL State and tribal voluntary cleanup sites 0 NR NR 0 0 0 0.500VCP 0 NR NR 0 0 0 0.500INDIAN VCP State and tribal Brownfields sites 0 NR NR 0 0 0 0.500BROWNFIELDS ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists 0 NR NR 0 0 0 0.500US BROWNFIELDS Local Lists of Landfill / Solid Waste Disposal Sites 0 NR NR 0 0 0 0.500SWRCY 0 NR NR 0 0 0 0.500HIST LF 0 NR NR 0 0 0 0.500INDIAN ODI 0 NR NR 0 0 0 0.500ODI 0 NR NR 0 0 0 0.500DEBRIS REGION 9 0 NR NR 0 0 0 0.500IHS OPEN DUMPS 0 NR NR 0 0 0 0.500DENVER CO HISTORIC FILL Local Lists of Hazardous waste / Contaminated Sites 0 NR NR NR NR NR TPUS HIST CDL 0 NR NR NR NR NR TPCDL 0 NR NR NR NR NR TPUS CDL Local Land Records 0 NR NR NR NR NR TPLIENS 2 Records of Emergency Release Reports 0 NR NR NR NR NR TPHMIRS 0 NR NR NR NR NR TPSPILLS 0 NR NR NR NR NR TPSPILLS 90 Other Ascertainable Records 0 NR NR NR 0 0 0.250RCRA NonGen / NLR TC6253164.7s Page 2 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted 0 NR 0 0 0 0 1.000FUDS 0 NR 0 0 0 0 1.000DOD 0 NR NR 0 0 0 0.500SCRD DRYCLEANERS 0 NR NR NR NR NR TPUS FIN ASSUR 0 NR NR NR NR NR TPEPA WATCH LIST 0 NR NR NR 0 0 0.2502020 COR ACTION 0 NR NR NR NR NR TPTSCA 0 NR NR NR NR NR TPTRIS 0 NR NR NR NR NR TPSSTS 0 NR 0 0 0 0 1.000ROD 0 NR NR NR NR NR TPRMP 0 NR NR NR NR NR TPRAATS 0 NR NR NR NR NR TPPRP 0 NR NR NR NR NR TPPADS 0 NR NR NR NR NR TPICIS 0 NR NR NR NR NR TPFTTS 0 NR NR NR NR NR TPMLTS 0 NR NR NR NR NR TPCOAL ASH DOE 0 NR NR 0 0 0 0.500COAL ASH EPA 0 NR NR NR NR NR TPPCB TRANSFORMER 0 NR NR NR NR NR TPRADINFO 0 NR NR NR NR NR TPHIST FTTS 0 NR NR NR NR NR TPDOT OPS 0 NR 0 0 0 0 1.000CONSENT 0 NR 0 0 0 0 1.000INDIAN RESERV 0 NR 0 0 0 0 1.000FUSRAP 0 NR NR 0 0 0 0.500UMTRA 0 NR NR NR NR NR TPLEAD SMELTERS 0 NR NR NR NR NR TPUS AIRS 0 NR NR NR 0 0 0.250US MINES 0 NR NR NR 0 0 0.250ABANDONED MINES 0 NR NR NR NR NR TPFINDS 0 NR NR NR NR NR TPDOCKET HWC 0 NR 0 0 0 0 1.000UXO 0 NR NR NR NR NR TPECHO 0 NR NR NR 0 0 0.250FUELS PROGRAM 0 NR NR NR NR NR TPAIRS 0 NR NR NR NR NR TPASBESTOS 0 NR NR NR NR NR TPMETHANE SITE 0 NR NR NR NR NR TPMethane Investigation 0 NR NR NR 0 0 0.250DRYCLEANERS 0 NR NR NR NR NR TPFinancial Assurance 0 NR NR NR NR NR TPLEAD 0 NR NR NR 0 0 0.250MINES 0 NR NR NR NR NR TPNPDES 0 NR NR NR NR NR TPUIC 0 NR NR 0 0 0 0.500UMTRA 0 NR NR NR NR NR TPMINES MRDS EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records 0 NR 0 0 0 0 1.000EDR MGP TC6253164.7s Page 3 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted 0 NR NR NR NR 0 0.125EDR Hist Auto 0 NR NR NR NR 0 0.125EDR Hist Cleaner EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives 0 NR NR NR NR NR TPRGA LF 0 NR NR NR NR NR TPRGA LUST 0 0 0 0 0 0 0- Totals -- NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database N/A = This State does not maintain a SHWS list. See the Federal CERCLIS list. TC6253164.7s Page 4 TC6253164.7s.1 Page 7 NO MAPPED SITES FOUND MAPPED SITES SUMMARY - FOCUS MAP 1 Target Property: GARFIELD DAVIS STEPHEN S CHRISTINA SILT, CO 81652 FOCUS MAP DIST (ft. & mi.)MAP ID / DATABASE ACRONYMS DIRECTIONSITE NAME ADDRESS TC6253164.7s Page 8 NO SITES FOUND MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation TC6253164.7s Page OR-1SILTU004319928GARFIELD COUNTY SHOP AT SILT312 GARFIELD CR 21481652USTSILTS125420359GARFIELD COUNTY SHOP AT SILT312 GARFIELD CR 21481652LTANKSGARFIELD COUNTYS1256170463500 GARFIELD COUNTY ROAD 331SPILLSGARFIELD COUNTYS108029848GARFIELD CREEK ROADSPILLSGARFIELD COUNTYS108029847GARFIELD COUNTY 331-7 MILES S. OF SILTSPILLSGARFIELD COUNTYS118974759GARFIELD COUNTY RD 317, APPROX 6 MILES FROM RIFLESPILLSGARFIELD COUNTYS108030347WEST BOUND I-70 ON EAGLE/GARFIELD COUNTY LINESPILLSGARFIELD COUNTYS118892363GARFIELD COUNTY RD. 134 (1/2 MILE IN)SPILLSGARFIELD COUNTYS106778344GARFIELD COUNTY RD. 201 (BAXTER PASS)SPILLS608 OTHER ADDRESS TO FOLLOW IN COMMTTOWNSHIP 6 SOUTH RIAGE 97 WEST, GARFIELD-CASCADE CREEKGARFIELD COUNTYS111066698SKINNY RIDGE INTO PRATHER SPRINGS NW NE SECTION 23SPILLSGARFIELD COUNTYS117960308INTERSECTION OF GARFIELD CR 293 AND GARFIELD CR 294SPILLSGARFIELD COUNTYS105529594GARFIELD COUNTY AIRPORTSPILLSGARFIELD COUNTY20192666053500 GARFIELD COUNTY ROAD 331ERNSCount: 13 recordsORPHAN SUMMARYCityEDR IDSite NameSite AddressZipDatabase(s) To maintain currency of the following federal and state databases, EDR contacts the appropriate governmental agency on a monthly or quarterly basis, as required. Number of Days to Update:Provides confirmation that EDR is reporting records that have been updated within 90 days from the date the government agency made the information available to the public. STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL: National Priority List National Priorities List (Superfund). The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program. NPL sites may encompass relatively large areas. As such, EDR provides polygon coverage for over 1,000 NPL site boundaries produced by EPA’s Environmental Photographic Interpretation Center (EPIC) and regional EPA offices. Date of Government Version: 07/29/2020 Date Data Arrived at EDR: 08/03/2020 Date Made Active in Reports: 08/25/2020 Number of Days to Update: 22 Source: EPA Telephone: N/A Last EDR Contact: 11/05/2020 Next Scheduled EDR Contact: 01/11/2021 Data Release Frequency: Quarterly NPL Site Boundaries Sources: EPA’s Environmental Photographic Interpretation Center (EPIC) Telephone: 202-564-7333 EPA Region 1 EPA Region 6 Telephone 617-918-1143 Telephone: 214-655-6659 EPA Region 3 EPA Region 7 Telephone 215-814-5418 Telephone: 913-551-7247 EPA Region 4 EPA Region 8 Telephone 404-562-8033 Telephone: 303-312-6774 EPA Region 5 EPA Region 9 Telephone 312-886-6686 Telephone: 415-947-4246 EPA Region 10 Telephone 206-553-8665 Proposed NPL: Proposed National Priority List Sites A site that has been proposed for listing on the National Priorities List through the issuance of a proposed rule in the Federal Register. EPA then accepts public comments on the site, responds to the comments, and places on the NPL those sites that continue to meet the requirements for listing. Date of Government Version: 07/29/2020 Date Data Arrived at EDR: 08/03/2020 Date Made Active in Reports: 08/25/2020 Number of Days to Update: 22 Source: EPA Telephone: N/A Last EDR Contact: 11/05/2020 Next Scheduled EDR Contact: 01/11/2021 Data Release Frequency: Quarterly NPL LIENS: Federal Superfund Liens Federal Superfund Liens. Under the authority granted the USEPA by CERCLA of 1980, the USEPA has the authority to file liens against real property in order to recover remedial action expenditures or when the property owner received notification of potential liability. USEPA compiles a listing of filed notices of Superfund Liens. TC6253164.7s Page GR-1 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 10/15/1991 Date Data Arrived at EDR: 02/02/1994 Date Made Active in Reports: 03/30/1994 Number of Days to Update: 56 Source: EPA Telephone: 202-564-4267 Last EDR Contact: 08/15/2011 Next Scheduled EDR Contact: 11/28/2011 Data Release Frequency: No Update Planned Federal Delisted NPL site list Delisted NPL: National Priority List Deletions The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) establishes the criteria that the EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425.(e), sites may be deleted from the NPL where no further response is appropriate. Date of Government Version: 07/29/2020 Date Data Arrived at EDR: 08/03/2020 Date Made Active in Reports: 08/25/2020 Number of Days to Update: 22 Source: EPA Telephone: N/A Last EDR Contact: 11/05/2020 Next Scheduled EDR Contact: 01/11/2021 Data Release Frequency: Quarterly Federal CERCLIS list FEDERAL FACILITY: Federal Facility Site Information listing A listing of National Priority List (NPL) and Base Realignment and Closure (BRAC) sites found in the Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) Database where EPA Federal Facilities Restoration and Reuse Office is involved in cleanup activities. Date of Government Version: 04/03/2019 Date Data Arrived at EDR: 04/05/2019 Date Made Active in Reports: 05/14/2019 Number of Days to Update: 39 Source: Environmental Protection Agency Telephone: 703-603-8704 Last EDR Contact: 10/02/2020 Next Scheduled EDR Contact: 01/11/2021 Data Release Frequency: Varies SEMS: Superfund Enterprise Management System SEMS (Superfund Enterprise Management System) tracks hazardous waste sites, potentially hazardous waste sites, and remedial activities performed in support of EPA’s Superfund Program across the United States. The list was formerly know as CERCLIS, renamed to SEMS by the EPA in 2015. The list contains data on potentially hazardous waste sites that have been reported to the USEPA by states, municipalities, private companies and private persons, pursuant to Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This dataset also contains sites which are either proposed to or on the National Priorities List (NPL) and the sites which are in the screening and assessment phase for possible inclusion on the NPL. Date of Government Version: 07/29/2020 Date Data Arrived at EDR: 08/03/2020 Date Made Active in Reports: 08/25/2020 Number of Days to Update: 22 Source: EPA Telephone: 800-424-9346 Last EDR Contact: 11/05/2020 Next Scheduled EDR Contact: 01/25/2021 Data Release Frequency: Quarterly Federal CERCLIS NFRAP site list SEMS-ARCHIVE: Superfund Enterprise Management System Archive TC6253164.7s Page GR-2 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING SEMS-ARCHIVE (Superfund Enterprise Management System Archive) tracks sites that have no further interest under the Federal Superfund Program based on available information. The list was formerly known as the CERCLIS-NFRAP, renamed to SEMS ARCHIVE by the EPA in 2015. EPA may perform a minimal level of assessment work at a site while it is archived if site conditions change and/or new information becomes available. Archived sites have been removed and archived from the inventory of SEMS sites. Archived status indicates that, to the best of EPA’s knowledge, assessment at a site has been completed and that EPA has determined no further steps will be taken to list the site on the National Priorities List (NPL), unless information indicates this decision was not appropriate or other considerations require a recommendation for listing at a later time. The decision does not necessarily mean that there is no hazard associated with a given site; it only means that. based upon available information, the location is not judged to be potential NPL site. Date of Government Version: 07/29/2020 Date Data Arrived at EDR: 08/03/2020 Date Made Active in Reports: 08/25/2020 Number of Days to Update: 22 Source: EPA Telephone: 800-424-9346 Last EDR Contact: 11/05/2020 Next Scheduled EDR Contact: 01/25/2021 Data Release Frequency: Quarterly Federal RCRA CORRACTS facilities list CORRACTS: Corrective Action Report CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. Date of Government Version: 06/15/2020 Date Data Arrived at EDR: 06/22/2020 Date Made Active in Reports: 09/17/2020 Number of Days to Update: 87 Source: EPA Telephone: 800-424-9346 Last EDR Contact: 09/22/2020 Next Scheduled EDR Contact: 01/04/2021 Data Release Frequency: Quarterly Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF: RCRA - Treatment, Storage and Disposal RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Transporters are individuals or entities that move hazardous waste from the generator offsite to a facility that can recycle, treat, store, or dispose of the waste. TSDFs treat, store, or dispose of the waste. Date of Government Version: 06/15/2020 Date Data Arrived at EDR: 06/22/2020 Date Made Active in Reports: 09/18/2020 Number of Days to Update: 88 Source: Environmental Protection Agency Telephone: 303-312-6149 Last EDR Contact: 09/22/2020 Next Scheduled EDR Contact: 01/04/2021 Data Release Frequency: Quarterly Federal RCRA generators list RCRA-LQG: RCRA - Large Quantity Generators RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Large quantity generators (LQGs) generate over 1,000 kilograms (kg) of hazardous waste, or over 1 kg of acutely hazardous waste per month. Date of Government Version: 06/15/2020 Date Data Arrived at EDR: 06/22/2020 Date Made Active in Reports: 09/18/2020 Number of Days to Update: 88 Source: Environmental Protection Agency Telephone: 303-312-6149 Last EDR Contact: 09/22/2020 Next Scheduled EDR Contact: 01/04/2021 Data Release Frequency: Quarterly TC6253164.7s Page GR-3 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING RCRA-SQG: RCRA - Small Quantity Generators RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Small quantity generators (SQGs) generate between 100 kg and 1,000 kg of hazardous waste per month. Date of Government Version: 06/15/2020 Date Data Arrived at EDR: 06/22/2020 Date Made Active in Reports: 09/18/2020 Number of Days to Update: 88 Source: Environmental Protection Agency Telephone: 303-312-6149 Last EDR Contact: 09/22/2020 Next Scheduled EDR Contact: 01/04/2021 Data Release Frequency: Quarterly RCRA-VSQG: RCRA - Very Small Quantity Generators (Formerly Conditionally Exempt Small Quantity Generators) RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Very small quantity generators (VSQGs) generate less than 100 kg of hazardous waste, or less than 1 kg of acutely hazardous waste per month. Date of Government Version: 06/15/2020 Date Data Arrived at EDR: 06/22/2020 Date Made Active in Reports: 09/18/2020 Number of Days to Update: 88 Source: Environmental Protection Agency Telephone: 303-312-6149 Last EDR Contact: 09/22/2020 Next Scheduled EDR Contact: 01/04/2021 Data Release Frequency: Quarterly Federal institutional controls / engineering controls registries LUCIS: Land Use Control Information System LUCIS contains records of land use control information pertaining to the former Navy Base Realignment and Closure properties. Date of Government Version: 05/15/2020 Date Data Arrived at EDR: 05/19/2020 Date Made Active in Reports: 06/18/2020 Number of Days to Update: 30 Source: Department of the Navy Telephone: 843-820-7326 Last EDR Contact: 11/05/2020 Next Scheduled EDR Contact: 02/22/2021 Data Release Frequency: Varies US ENG CONTROLS: Engineering Controls Sites List A listing of sites with engineering controls in place. Engineering controls include various forms of caps, building foundations, liners, and treatment methods to create pathway elimination for regulated substances to enter environmental media or effect human health. Date of Government Version: 02/13/2020 Date Data Arrived at EDR: 02/20/2020 Date Made Active in Reports: 05/15/2020 Number of Days to Update: 85 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 11/05/2020 Next Scheduled EDR Contact: 12/07/2020 Data Release Frequency: Varies US INST CONTROLS: Institutional Controls Sites List A listing of sites with institutional controls in place. Institutional controls include administrative measures, such as groundwater use restrictions, construction restrictions, property use restrictions, and post remediation care requirements intended to prevent exposure to contaminants remaining on site. Deed restrictions are generally required as part of the institutional controls. Date of Government Version: 02/13/2020 Date Data Arrived at EDR: 02/20/2020 Date Made Active in Reports: 05/15/2020 Number of Days to Update: 85 Source: Environmental Protection Agency Telephone: 703-603-0695 Last EDR Contact: 11/05/2020 Next Scheduled EDR Contact: 12/07/2020 Data Release Frequency: Varies TC6253164.7s Page GR-4 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Federal ERNS list ERNS: Emergency Response Notification System Emergency Response Notification System. ERNS records and stores information on reported releases of oil and hazardous substances. Date of Government Version: 06/15/2020 Date Data Arrived at EDR: 06/22/2020 Date Made Active in Reports: 09/17/2020 Number of Days to Update: 87 Source: National Response Center, United States Coast Guard Telephone: 202-267-2180 Last EDR Contact: 09/22/2020 Next Scheduled EDR Contact: 01/04/2021 Data Release Frequency: Quarterly State- and tribal - equivalent CERCLIS SHWS: This state does not maintain a SHWS list. See the Federal CERCLIS list and Federal NPL list. State Hazardous Waste Sites. State hazardous waste site records are the states’ equivalent to CERCLIS. These sites may or may not already be listed on the federal CERCLIS list. Priority sites planned for cleanup using state funds (state equivalent of Superfund) are identified along with sites where cleanup will be paid for by potentially responsible parties. Available information varies by state. Date of Government Version: N/A Date Data Arrived at EDR: N/A Date Made Active in Reports: N/A Number of Days to Update: N/A Source: Department of Public Health & Environment Telephone: 303-692-3300 Last EDR Contact: 08/14/2020 Next Scheduled EDR Contact: 11/23/2020 Data Release Frequency: N/A State and tribal landfill and/or solid waste disposal site lists SWF/LF: Solid Waste Sites & Facilities Solid Waste Facilities/Landfill Sites. SWF/LF type records typically contain an inventory of solid waste disposal facilities or landfills in a particular state. Depending on the state, these may be active or inactive facilities or open dumps that failed to meet RCRA Subtitle D Section 4004 criteria for solid waste landfills or disposal sites. Date of Government Version: 04/24/2020 Date Data Arrived at EDR: 05/05/2020 Date Made Active in Reports: 07/17/2020 Number of Days to Update: 73 Source: Department of Public Health & Environment Telephone: 303-692-3300 Last EDR Contact: 11/02/2020 Next Scheduled EDR Contact: 02/15/2021 Data Release Frequency: Varies State and tribal leaking storage tank lists LUST: Leaking Underground Storage Tank List Leaking Underground Storage Tank Incident Reports. LUST records contain an inventory of reported leaking underground storage tank incidents. Not all states maintain these records, and the information stored varies by state. Date of Government Version: 03/01/2018 Date Data Arrived at EDR: 03/07/2018 Date Made Active in Reports: 04/03/2018 Number of Days to Update: 27 Source: Department of Labor and Employment, Oil Inspection Section Telephone: 303-318-8521 Last EDR Contact: 03/07/2018 Next Scheduled EDR Contact: 06/18/2018 Data Release Frequency: Quarterly LTANKS: Petroleum Release Events Listing Active and Closed OPS Petroleum Release Events in Colorado. Includes the OPS Open Event locations, but also shows locations of closed events (releases that have been issued a No Further Action determination). Date of Government Version: 06/01/2020 Date Data Arrived at EDR: 06/03/2020 Date Made Active in Reports: 08/18/2020 Number of Days to Update: 76 Source: Department of Labor & Employment Telephone: 303-318-8525 Last EDR Contact: 08/31/2020 Next Scheduled EDR Contact: 12/14/2020 Data Release Frequency: Quarterly TC6253164.7s Page GR-5 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING LAST: Leaking Aboveground Storage Tank Listing A listing of leaking aboveground storage tank sites. This list is no longer maintained. For current Leaking AST information, please see LTANKS. Date of Government Version: 03/01/2018 Date Data Arrived at EDR: 03/07/2018 Date Made Active in Reports: 04/03/2018 Number of Days to Update: 27 Source: Department of Labor & Employment Telephone: 303-318-8525 Last EDR Contact: 05/31/2018 Next Scheduled EDR Contact: 09/10/2018 Data Release Frequency: No Update Planned INDIAN LUST R10: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Alaska, Idaho, Oregon and Washington. Date of Government Version: 04/14/2020 Date Data Arrived at EDR: 05/20/2020 Date Made Active in Reports: 08/12/2020 Number of Days to Update: 84 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies INDIAN LUST R1: Leaking Underground Storage Tanks on Indian Land A listing of leaking underground storage tank locations on Indian Land. Date of Government Version: 04/29/2020 Date Data Arrived at EDR: 05/20/2020 Date Made Active in Reports: 08/12/2020 Number of Days to Update: 84 Source: EPA Region 1 Telephone: 617-918-1313 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies INDIAN LUST R4: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Florida, Mississippi and North Carolina. Date of Government Version: 04/14/2020 Date Data Arrived at EDR: 05/26/2020 Date Made Active in Reports: 08/12/2020 Number of Days to Update: 78 Source: EPA Region 4 Telephone: 404-562-8677 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies INDIAN LUST R5: Leaking Underground Storage Tanks on Indian Land Leaking underground storage tanks located on Indian Land in Michigan, Minnesota and Wisconsin. Date of Government Version: 04/14/2020 Date Data Arrived at EDR: 05/20/2020 Date Made Active in Reports: 08/12/2020 Number of Days to Update: 84 Source: EPA, Region 5 Telephone: 312-886-7439 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies INDIAN LUST R9: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Arizona, California, New Mexico and Nevada Date of Government Version: 04/08/2020 Date Data Arrived at EDR: 05/20/2020 Date Made Active in Reports: 08/12/2020 Number of Days to Update: 84 Source: Environmental Protection Agency Telephone: 415-972-3372 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies INDIAN LUST R8: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming. Date of Government Version: 04/14/2020 Date Data Arrived at EDR: 05/20/2020 Date Made Active in Reports: 08/12/2020 Number of Days to Update: 84 Source: EPA Region 8 Telephone: 303-312-6271 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies TC6253164.7s Page GR-6 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING INDIAN LUST R7: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Iowa, Kansas, and Nebraska Date of Government Version: 04/15/2020 Date Data Arrived at EDR: 05/20/2020 Date Made Active in Reports: 08/12/2020 Number of Days to Update: 84 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies INDIAN LUST R6: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in New Mexico and Oklahoma. Date of Government Version: 04/08/2020 Date Data Arrived at EDR: 05/20/2020 Date Made Active in Reports: 08/12/2020 Number of Days to Update: 84 Source: EPA Region 6 Telephone: 214-665-6597 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies TRUST: Lust Trust Sites Reimbursement application package. The 1989 Colorado General Assembly established Colorado’s Petroleum Storage Tank Fund. The Fund reimburses eligible applicants for allowable costs incurred in cleaning up petroleum contamination from underground and aboveground petroleum storage tanks, as well as for third-party liability expenses. Remediation of contamination caused by railroad or aircraft fuel is not eligible for reimbursement. The Fund satisfies federal Environmental Protection Agency financial assurance requirements. Monies in the Fund come from various sources, predominantly the state environmental surcharge imposed on all petroleum products except railroad or aircraft fuel. Date of Government Version: 07/19/2020 Date Data Arrived at EDR: 07/20/2020 Date Made Active in Reports: 10/05/2020 Number of Days to Update: 77 Source: Department of Labor and Employment, Oil Inspection Section Telephone: 303-318-8521 Last EDR Contact: 09/16/2020 Next Scheduled EDR Contact: 01/04/2021 Data Release Frequency: Varies State and tribal registered storage tank lists FEMA UST: Underground Storage Tank Listing A listing of all FEMA owned underground storage tanks. Date of Government Version: 02/01/2020 Date Data Arrived at EDR: 03/19/2020 Date Made Active in Reports: 06/09/2020 Number of Days to Update: 82 Source: FEMA Telephone: 202-646-5797 Last EDR Contact: 10/01/2020 Next Scheduled EDR Contact: 01/18/2021 Data Release Frequency: Varies UST: Underground Storage Tank Database Registered Underground Storage Tanks. UST’s are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA) and must be registered with the state department responsible for administering the UST program. Available information varies by state program. Date of Government Version: 06/01/2020 Date Data Arrived at EDR: 06/02/2020 Date Made Active in Reports: 07/30/2020 Number of Days to Update: 58 Source: Department of Labor and Employment, Oil Inspection Section Telephone: 303-318-8521 Last EDR Contact: 08/31/2020 Next Scheduled EDR Contact: 12/14/2020 Data Release Frequency: Quarterly AST: Aboveground Tank List Aboveground storage tank locations. Date of Government Version: 06/01/2020 Date Data Arrived at EDR: 06/02/2020 Date Made Active in Reports: 07/30/2020 Number of Days to Update: 58 Source: Department of Labor and Employment, Oil Inspection Section Telephone: 303-318-8521 Last EDR Contact: 08/31/2020 Next Scheduled EDR Contact: 12/14/2020 Data Release Frequency: Semi-Annually TC6253164.7s Page GR-7 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING INDIAN UST R6: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 6 (Louisiana, Arkansas, Oklahoma, New Mexico, Texas and 65 Tribes). Date of Government Version: 04/08/2020 Date Data Arrived at EDR: 05/20/2020 Date Made Active in Reports: 08/12/2020 Number of Days to Update: 84 Source: EPA Region 6 Telephone: 214-665-7591 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies INDIAN UST R7: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 7 (Iowa, Kansas, Missouri, Nebraska, and 9 Tribal Nations). Date of Government Version: 04/03/2020 Date Data Arrived at EDR: 05/20/2020 Date Made Active in Reports: 08/12/2020 Number of Days to Update: 84 Source: EPA Region 7 Telephone: 913-551-7003 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies INDIAN UST R9: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 9 (Arizona, California, Hawaii, Nevada, the Pacific Islands, and Tribal Nations). Date of Government Version: 04/08/2020 Date Data Arrived at EDR: 05/20/2020 Date Made Active in Reports: 08/12/2020 Number of Days to Update: 84 Source: EPA Region 9 Telephone: 415-972-3368 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies INDIAN UST R10: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 10 (Alaska, Idaho, Oregon, Washington, and Tribal Nations). Date of Government Version: 04/14/2020 Date Data Arrived at EDR: 05/20/2020 Date Made Active in Reports: 08/12/2020 Number of Days to Update: 84 Source: EPA Region 10 Telephone: 206-553-2857 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies INDIAN UST R8: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming and 27 Tribal Nations). Date of Government Version: 04/14/2020 Date Data Arrived at EDR: 05/20/2020 Date Made Active in Reports: 08/13/2020 Number of Days to Update: 85 Source: EPA Region 8 Telephone: 303-312-6137 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies INDIAN UST R1: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont and ten Tribal Nations). Date of Government Version: 04/29/2020 Date Data Arrived at EDR: 05/20/2020 Date Made Active in Reports: 08/12/2020 Number of Days to Update: 84 Source: EPA, Region 1 Telephone: 617-918-1313 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies TC6253164.7s Page GR-8 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING INDIAN UST R4: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee and Tribal Nations) Date of Government Version: 04/14/2020 Date Data Arrived at EDR: 05/26/2020 Date Made Active in Reports: 08/12/2020 Number of Days to Update: 78 Source: EPA Region 4 Telephone: 404-562-9424 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies INDIAN UST R5: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 5 (Michigan, Minnesota and Wisconsin and Tribal Nations). Date of Government Version: 04/14/2020 Date Data Arrived at EDR: 05/20/2020 Date Made Active in Reports: 08/12/2020 Number of Days to Update: 84 Source: EPA Region 5 Telephone: 312-886-6136 Last EDR Contact: 10/23/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies State and tribal institutional control / engineering control registries AUL: Environmental Real Covenants List Senate Bill 01-145 gave authority to the Colorado Department of Public Health and Environment to approve requests to restrict the future use of a property using an enforceable agreement called an environmental covenant. When a contaminated site is not cleaned up completely, land use restrictions may be used to ensure that the selected cleanup remedy is adequately protective of human health and the environment. Date of Government Version: 07/21/2020 Date Data Arrived at EDR: 07/22/2020 Date Made Active in Reports: 10/05/2020 Number of Days to Update: 75 Source: Department of Public Health & Environment Telephone: 303-692-3331 Last EDR Contact: 10/20/2020 Next Scheduled EDR Contact: 02/08/2021 Data Release Frequency: Varies State and tribal voluntary cleanup sites VCP: Voluntary Cleanup & Redevelopment Act Application Tracking Report The Voluntary Cleanup and Redevelopment Act is intended to permit and encourage voluntary cleanups by providing a method to determine clean-up responsibilities in planning the reuse of property. The VCRA was intended for sites which were not covered by existing regulatory programs. Date of Government Version: 12/04/2019 Date Data Arrived at EDR: 01/07/2020 Date Made Active in Reports: 03/16/2020 Number of Days to Update: 69 Source: Department of Public Health and Environmental Telephone: 303-692-3331 Last EDR Contact: 10/09/2020 Next Scheduled EDR Contact: 01/18/2021 Data Release Frequency: Semi-Annually INDIAN VCP R1: Voluntary Cleanup Priority Listing A listing of voluntary cleanup priority sites located on Indian Land located in Region 1. Date of Government Version: 07/27/2015 Date Data Arrived at EDR: 09/29/2015 Date Made Active in Reports: 02/18/2016 Number of Days to Update: 142 Source: EPA, Region 1 Telephone: 617-918-1102 Last EDR Contact: 09/16/2020 Next Scheduled EDR Contact: 01/04/2021 Data Release Frequency: Varies INDIAN VCP R7: Voluntary Cleanup Priority Lisitng A listing of voluntary cleanup priority sites located on Indian Land located in Region 7. TC6253164.7s Page GR-9 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 03/20/2008 Date Data Arrived at EDR: 04/22/2008 Date Made Active in Reports: 05/19/2008 Number of Days to Update: 27 Source: EPA, Region 7 Telephone: 913-551-7365 Last EDR Contact: 04/20/2009 Next Scheduled EDR Contact: 07/20/2009 Data Release Frequency: Varies State and tribal Brownfields sites BROWNFIELDS: Brownfields Sites Listing Brownfields Sites Listing Date of Government Version: 04/09/2020 Date Data Arrived at EDR: 04/10/2020 Date Made Active in Reports: 07/01/2020 Number of Days to Update: 82 Source: Department of Public Health & Environment Telephone: 303-692-3331 Last EDR Contact: 10/05/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS: A Listing of Brownfields Sites Brownfields are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Cleaning up and reinvesting in these properties takes development pressures off of undeveloped, open land, and both improves and protects the environment. Assessment, Cleanup and Redevelopment Exchange System (ACRES) stores information reported by EPA Brownfields grant recipients on brownfields properties assessed or cleaned up with grant funding as well as information on Targeted Brownfields Assessments performed by EPA Regions. A listing of ACRES Brownfield sites is obtained from Cleanups in My Community. Cleanups in My Community provides information on Brownfields properties for which information is reported back to EPA, as well as areas served by Brownfields grant programs. Date of Government Version: 06/01/2020 Date Data Arrived at EDR: 06/02/2020 Date Made Active in Reports: 06/09/2020 Number of Days to Update: 7 Source: Environmental Protection Agency Telephone: 202-566-2777 Last EDR Contact: 09/15/2020 Next Scheduled EDR Contact: 12/28/2020 Data Release Frequency: Semi-Annually Local Lists of Landfill / Solid Waste Disposal Sites SWRCY: Registered Recyclers Listing A listing of registered recycler locations in the state of Colorado. Date of Government Version: 06/03/2020 Date Data Arrived at EDR: 06/04/2020 Date Made Active in Reports: 08/14/2020 Number of Days to Update: 71 Source: Department of Public Health & Environment Telephone: 303-692-3337 Last EDR Contact: 09/01/2020 Next Scheduled EDR Contact: 12/21/2020 Data Release Frequency: Semi-Annually HISTORICAL LANDFILL: Historical Landfill List Abandoned/Inactive Landfills. Date of Government Version: 01/31/1993 Date Data Arrived at EDR: 04/24/1994 Date Made Active in Reports: 05/30/1994 Number of Days to Update: 36 Source: Department of Public Health & Environment Telephone: 303-692-3300 Last EDR Contact: 09/05/1996 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned INDIAN ODI: Report on the Status of Open Dumps on Indian Lands Location of open dumps on Indian land. TC6253164.7s Page GR-10 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 12/31/1998 Date Data Arrived at EDR: 12/03/2007 Date Made Active in Reports: 01/24/2008 Number of Days to Update: 52 Source: Environmental Protection Agency Telephone: 703-308-8245 Last EDR Contact: 10/20/2020 Next Scheduled EDR Contact: 02/08/2021 Data Release Frequency: Varies DEBRIS REGION 9: Torres Martinez Reservation Illegal Dump Site Locations A listing of illegal dump sites location on the Torres Martinez Indian Reservation located in eastern Riverside County and northern Imperial County, California. Date of Government Version: 01/12/2009 Date Data Arrived at EDR: 05/07/2009 Date Made Active in Reports: 09/21/2009 Number of Days to Update: 137 Source: EPA, Region 9 Telephone: 415-947-4219 Last EDR Contact: 10/13/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: No Update Planned ODI: Open Dump Inventory An open dump is defined as a disposal facility that does not comply with one or more of the Part 257 or Part 258 Subtitle D Criteria. Date of Government Version: 06/30/1985 Date Data Arrived at EDR: 08/09/2004 Date Made Active in Reports: 09/17/2004 Number of Days to Update: 39 Source: Environmental Protection Agency Telephone: 800-424-9346 Last EDR Contact: 06/09/2004 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned IHS OPEN DUMPS: Open Dumps on Indian Land A listing of all open dumps located on Indian Land in the United States. Date of Government Version: 04/01/2014 Date Data Arrived at EDR: 08/06/2014 Date Made Active in Reports: 01/29/2015 Number of Days to Update: 176 Source: Department of Health & Human Serivces, Indian Health Service Telephone: 301-443-1452 Last EDR Contact: 10/30/2020 Next Scheduled EDR Contact: 02/08/2021 Data Release Frequency: Varies DENVER CO HISTORIC FILL: Denver City & County Historic Fill Areas This dataset denotes the approximate locations of historical fill areas within the City and County of Denver (CCoD) and with within approximately three-quarters of a mile of the CCoD boundaries. The data is of a general nature and obtained from historic and current documents that may not be accurate or precise. Date of Government Version: 12/17/2019 Date Data Arrived at EDR: 01/07/2020 Date Made Active in Reports: 03/13/2020 Number of Days to Update: 66 Source: City & County of Denver Telephone: 720-913-5237 Last EDR Contact: 10/09/2020 Next Scheduled EDR Contact: 01/18/2021 Data Release Frequency: No Update Planned Local Lists of Hazardous waste / Contaminated Sites US HIST CDL: National Clandestine Laboratory Register A listing of clandestine drug lab locations that have been removed from the DEAs National Clandestine Laboratory Register. Date of Government Version: 03/18/2020 Date Data Arrived at EDR: 03/19/2020 Date Made Active in Reports: 06/09/2020 Number of Days to Update: 82 Source: Drug Enforcement Administration Telephone: 202-307-1000 Last EDR Contact: 08/19/2020 Next Scheduled EDR Contact: 12/07/2020 Data Release Frequency: No Update Planned CDL: Meth Lab Locations Meth lab locations that were reported to the Department of Public Health & Environment. TC6253164.7s Page GR-11 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 06/20/2020 Date Data Arrived at EDR: 07/09/2020 Date Made Active in Reports: 07/20/2020 Number of Days to Update: 11 Source: Department of Public Health and Environment Telephone: 303-692-3023 Last EDR Contact: 09/23/2020 Next Scheduled EDR Contact: 01/11/2021 Data Release Frequency: Quarterly US CDL: Clandestine Drug Labs A listing of clandestine drug lab locations. The U.S. Department of Justice ("the Department") provides this web site as a public service. It contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases, the source of the entries is not the Department, and the Department has not verified the entry and does not guarantee its accuracy. Members of the public must verify the accuracy of all entries by, for example, contacting local law enforcement and local health departments. Date of Government Version: 03/18/2020 Date Data Arrived at EDR: 03/19/2020 Date Made Active in Reports: 06/09/2020 Number of Days to Update: 82 Source: Drug Enforcement Administration Telephone: 202-307-1000 Last EDR Contact: 08/19/2020 Next Scheduled EDR Contact: 12/07/2020 Data Release Frequency: Quarterly Local Land Records LIENS 2: CERCLA Lien Information A Federal CERCLA (’Superfund’) lien can exist by operation of law at any site or property at which EPA has spent Superfund monies. These monies are spent to investigate and address releases and threatened releases of contamination. CERCLIS provides information as to the identity of these sites and properties. Date of Government Version: 07/29/2020 Date Data Arrived at EDR: 08/03/2020 Date Made Active in Reports: 08/25/2020 Number of Days to Update: 22 Source: Environmental Protection Agency Telephone: 202-564-6023 Last EDR Contact: 11/05/2020 Next Scheduled EDR Contact: 01/11/2021 Data Release Frequency: Semi-Annually Records of Emergency Release Reports HMIRS: Hazardous Materials Information Reporting System Hazardous Materials Incident Report System. HMIRS contains hazardous material spill incidents reported to DOT. Date of Government Version: 06/22/2020 Date Data Arrived at EDR: 06/23/2020 Date Made Active in Reports: 09/17/2020 Number of Days to Update: 86 Source: U.S. Department of Transportation Telephone: 202-366-4555 Last EDR Contact: 09/22/2020 Next Scheduled EDR Contact: 01/04/2021 Data Release Frequency: Quarterly SPILLS 2: Spills A listing of spills reported to the Oil & Gas Conservation Commission Date of Government Version: 06/15/2020 Date Data Arrived at EDR: 06/22/2020 Date Made Active in Reports: 09/08/2020 Number of Days to Update: 78 Source: Oil & Gas Conservation Commission Telephone: 303-894-2100 Last EDR Contact: 09/21/2020 Next Scheduled EDR Contact: 01/03/2021 Data Release Frequency: Quarterly CO ERNS: Spills Database State reported spills. Date of Government Version: 06/20/2020 Date Data Arrived at EDR: 07/09/2020 Date Made Active in Reports: 07/20/2020 Number of Days to Update: 11 Source: Department of Public Health and Environmental Telephone: 303-692-2000 Last EDR Contact: 09/23/2020 Next Scheduled EDR Contact: 01/11/2021 Data Release Frequency: Quarterly TC6253164.7s Page GR-12 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING SPILLS 90: SPILLS90 data from FirstSearch Spills 90 includes those spill and release records available exclusively from FirstSearch databases. Typically, they may include chemical, oil and/or hazardous substance spills recorded after 1990. Duplicate records that are already included in EDR incident and release records are not included in Spills 90. Date of Government Version: 10/15/2012 Date Data Arrived at EDR: 01/03/2013 Date Made Active in Reports: 02/06/2013 Number of Days to Update: 34 Source: FirstSearch Telephone: N/A Last EDR Contact: 01/03/2013 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned Other Ascertainable Records RCRA NonGen / NLR: RCRA - Non Generators / No Longer Regulated RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Non-Generators do not presently generate hazardous waste. Date of Government Version: 06/15/2020 Date Data Arrived at EDR: 06/22/2020 Date Made Active in Reports: 09/18/2020 Number of Days to Update: 88 Source: Environmental Protection Agency Telephone: 303-312-6149 Last EDR Contact: 09/22/2020 Next Scheduled EDR Contact: 01/04/2021 Data Release Frequency: Quarterly FUDS: Formerly Used Defense Sites The listing includes locations of Formerly Used Defense Sites properties where the US Army Corps of Engineers is actively working or will take necessary cleanup actions. Date of Government Version: 08/05/2020 Date Data Arrived at EDR: 08/13/2020 Date Made Active in Reports: 10/21/2020 Number of Days to Update: 69 Source: U.S. Army Corps of Engineers Telephone: 202-528-4285 Last EDR Contact: 08/13/2020 Next Scheduled EDR Contact: 11/30/2020 Data Release Frequency: Varies DOD: Department of Defense Sites This data set consists of federally owned or administered lands, administered by the Department of Defense, that have any area equal to or greater than 640 acres of the United States, Puerto Rico, and the U.S. Virgin Islands. Date of Government Version: 12/31/2005 Date Data Arrived at EDR: 11/10/2006 Date Made Active in Reports: 01/11/2007 Number of Days to Update: 62 Source: USGS Telephone: 888-275-8747 Last EDR Contact: 10/13/2020 Next Scheduled EDR Contact: 01/25/2021 Data Release Frequency: Semi-Annually FEDLAND: Federal and Indian Lands Federally and Indian administrated lands of the United States. Lands included are administrated by: Army Corps of Engineers, Bureau of Reclamation, National Wild and Scenic River, National Wildlife Refuge, Public Domain Land, Wilderness, Wilderness Study Area, Wildlife Management Area, Bureau of Indian Affairs, Bureau of Land Management, Department of Justice, Forest Service, Fish and Wildlife Service, National Park Service. Date of Government Version: 04/02/2018 Date Data Arrived at EDR: 04/11/2018 Date Made Active in Reports: 11/06/2019 Number of Days to Update: 574 Source: U.S. Geological Survey Telephone: 888-275-8747 Last EDR Contact: 10/08/2020 Next Scheduled EDR Contact: 01/18/2021 Data Release Frequency: N/A SCRD DRYCLEANERS: State Coalition for Remediation of Drycleaners Listing The State Coalition for Remediation of Drycleaners was established in 1998, with support from the U.S. EPA Office of Superfund Remediation and Technology Innovation. It is comprised of representatives of states with established drycleaner remediation programs. Currently the member states are Alabama, Connecticut, Florida, Illinois, Kansas, Minnesota, Missouri, North Carolina, Oregon, South Carolina, Tennessee, Texas, and Wisconsin. TC6253164.7s Page GR-13 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 01/01/2017 Date Data Arrived at EDR: 02/03/2017 Date Made Active in Reports: 04/07/2017 Number of Days to Update: 63 Source: Environmental Protection Agency Telephone: 615-532-8599 Last EDR Contact: 08/05/2020 Next Scheduled EDR Contact: 11/23/2020 Data Release Frequency: Varies US FIN ASSUR: Financial Assurance Information All owners and operators of facilities that treat, store, or dispose of hazardous waste are required to provide proof that they will have sufficient funds to pay for the clean up, closure, and post-closure care of their facilities. Date of Government Version: 06/15/2020 Date Data Arrived at EDR: 06/22/2020 Date Made Active in Reports: 09/10/2020 Number of Days to Update: 80 Source: Environmental Protection Agency Telephone: 202-566-1917 Last EDR Contact: 09/22/2020 Next Scheduled EDR Contact: 01/04/2021 Data Release Frequency: Quarterly EPA WATCH LIST: EPA WATCH LIST EPA maintains a "Watch List" to facilitate dialogue between EPA, state and local environmental agencies on enforcement matters relating to facilities with alleged violations identified as either significant or high priority. Being on the Watch List does not mean that the facility has actually violated the law only that an investigation by EPA or a state or local environmental agency has led those organizations to allege that an unproven violation has in fact occurred. Being on the Watch List does not represent a higher level of concern regarding the alleged violations that were detected, but instead indicates cases requiring additional dialogue between EPA, state and local agencies - primarily because of the length of time the alleged violation has gone unaddressed or unresolved. Date of Government Version: 08/30/2013 Date Data Arrived at EDR: 03/21/2014 Date Made Active in Reports: 06/17/2014 Number of Days to Update: 88 Source: Environmental Protection Agency Telephone: 617-520-3000 Last EDR Contact: 11/02/2020 Next Scheduled EDR Contact: 02/15/2021 Data Release Frequency: Quarterly 2020 COR ACTION: 2020 Corrective Action Program List The EPA has set ambitious goals for the RCRA Corrective Action program by creating the 2020 Corrective Action Universe. This RCRA cleanup baseline includes facilities expected to need corrective action. The 2020 universe contains a wide variety of sites. Some properties are heavily contaminated while others were contaminated but have since been cleaned up. Still others have not been fully investigated yet, and may require little or no remediation. Inclusion in the 2020 Universe does not necessarily imply failure on the part of a facility to meet its RCRA obligations. Date of Government Version: 09/30/2017 Date Data Arrived at EDR: 05/08/2018 Date Made Active in Reports: 07/20/2018 Number of Days to Update: 73 Source: Environmental Protection Agency Telephone: 703-308-4044 Last EDR Contact: 08/06/2020 Next Scheduled EDR Contact: 11/16/2020 Data Release Frequency: Varies TSCA: Toxic Substances Control Act Toxic Substances Control Act. TSCA identifies manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant site. Date of Government Version: 12/31/2016 Date Data Arrived at EDR: 06/17/2020 Date Made Active in Reports: 09/10/2020 Number of Days to Update: 85 Source: EPA Telephone: 202-260-5521 Last EDR Contact: 09/18/2020 Next Scheduled EDR Contact: 12/28/2020 Data Release Frequency: Every 4 Years TRIS: Toxic Chemical Release Inventory System Toxic Release Inventory System. TRIS identifies facilities which release toxic chemicals to the air, water and land in reportable quantities under SARA Title III Section 313. TC6253164.7s Page GR-14 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 12/31/2018 Date Data Arrived at EDR: 08/14/2020 Date Made Active in Reports: 11/04/2020 Number of Days to Update: 82 Source: EPA Telephone: 202-566-0250 Last EDR Contact: 08/14/2020 Next Scheduled EDR Contact: 11/30/2020 Data Release Frequency: Annually SSTS: Section 7 Tracking Systems Section 7 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended (92 Stat. 829) requires all registered pesticide-producing establishments to submit a report to the Environmental Protection Agency by March 1st each year. Each establishment must report the types and amounts of pesticides, active ingredients and devices being produced, and those having been produced and sold or distributed in the past year. Date of Government Version: 07/20/2020 Date Data Arrived at EDR: 07/21/2020 Date Made Active in Reports: 10/08/2020 Number of Days to Update: 79 Source: EPA Telephone: 202-564-4203 Last EDR Contact: 10/19/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Annually ROD: Records Of Decision Record of Decision. ROD documents mandate a permanent remedy at an NPL (Superfund) site containing technical and health information to aid in the cleanup. Date of Government Version: 07/29/2020 Date Data Arrived at EDR: 08/03/2020 Date Made Active in Reports: 08/25/2020 Number of Days to Update: 22 Source: EPA Telephone: 703-416-0223 Last EDR Contact: 11/05/2020 Next Scheduled EDR Contact: 12/14/2020 Data Release Frequency: Annually RMP: Risk Management Plans When Congress passed the Clean Air Act Amendments of 1990, it required EPA to publish regulations and guidance for chemical accident prevention at facilities using extremely hazardous substances. The Risk Management Program Rule (RMP Rule) was written to implement Section 112(r) of these amendments. The rule, which built upon existing industry codes and standards, requires companies of all sizes that use certain flammable and toxic substances to develop a Risk Management Program, which includes a(n): Hazard assessment that details the potential effects of an accidental release, an accident history of the last five years, and an evaluation of worst-case and alternative accidental releases; Prevention program that includes safety precautions and maintenance, monitoring, and employee training measures; and Emergency response program that spells out emergency health care, employee training measures and procedures for informing the public and response agencies (e.g the fire department) should an accident occur. Date of Government Version: 07/24/2020 Date Data Arrived at EDR: 08/03/2020 Date Made Active in Reports: 10/21/2020 Number of Days to Update: 79 Source: Environmental Protection Agency Telephone: 202-564-8600 Last EDR Contact: 10/14/2020 Next Scheduled EDR Contact: 02/01/2021 Data Release Frequency: Varies RAATS: RCRA Administrative Action Tracking System RCRA Administration Action Tracking System. RAATS contains records based on enforcement actions issued under RCRA pertaining to major violators and includes administrative and civil actions brought by the EPA. For administration actions after September 30, 1995, data entry in the RAATS database was discontinued. EPA will retain a copy of the database for historical records. It was necessary to terminate RAATS because a decrease in agency resources made it impossible to continue to update the information contained in the database. Date of Government Version: 04/17/1995 Date Data Arrived at EDR: 07/03/1995 Date Made Active in Reports: 08/07/1995 Number of Days to Update: 35 Source: EPA Telephone: 202-564-4104 Last EDR Contact: 06/02/2008 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: No Update Planned TC6253164.7s Page GR-15 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING PRP: Potentially Responsible Parties A listing of verified Potentially Responsible Parties Date of Government Version: 04/27/2020 Date Data Arrived at EDR: 05/06/2020 Date Made Active in Reports: 06/09/2020 Number of Days to Update: 34 Source: EPA Telephone: 202-564-6023 Last EDR Contact: 11/05/2020 Next Scheduled EDR Contact: 02/15/2021 Data Release Frequency: Quarterly PADS: PCB Activity Database System PCB Activity Database. PADS Identifies generators, transporters, commercial storers and/or brokers and disposers of PCB’s who are required to notify the EPA of such activities. Date of Government Version: 10/09/2019 Date Data Arrived at EDR: 10/11/2019 Date Made Active in Reports: 12/20/2019 Number of Days to Update: 70 Source: EPA Telephone: 202-566-0500 Last EDR Contact: 10/02/2020 Next Scheduled EDR Contact: 01/18/2021 Data Release Frequency: Annually ICIS: Integrated Compliance Information System The Integrated Compliance Information System (ICIS) supports the information needs of the national enforcement and compliance program as well as the unique needs of the National Pollutant Discharge Elimination System (NPDES) program. Date of Government Version: 11/18/2016 Date Data Arrived at EDR: 11/23/2016 Date Made Active in Reports: 02/10/2017 Number of Days to Update: 79 Source: Environmental Protection Agency Telephone: 202-564-2501 Last EDR Contact: 10/01/2020 Next Scheduled EDR Contact: 01/18/2021 Data Release Frequency: Quarterly FTTS: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) FTTS tracks administrative cases and pesticide enforcement actions and compliance activities related to FIFRA, TSCA and EPCRA (Emergency Planning and Community Right-to-Know Act). To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 04/09/2009 Date Data Arrived at EDR: 04/16/2009 Date Made Active in Reports: 05/11/2009 Number of Days to Update: 25 Source: EPA/Office of Prevention, Pesticides and Toxic Substances Telephone: 202-566-1667 Last EDR Contact: 08/18/2017 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: No Update Planned FTTS INSP: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) A listing of FIFRA/TSCA Tracking System (FTTS) inspections and enforcements. Date of Government Version: 04/09/2009 Date Data Arrived at EDR: 04/16/2009 Date Made Active in Reports: 05/11/2009 Number of Days to Update: 25 Source: EPA Telephone: 202-566-1667 Last EDR Contact: 08/18/2017 Next Scheduled EDR Contact: 12/04/2017 Data Release Frequency: No Update Planned MLTS: Material Licensing Tracking System MLTS is maintained by the Nuclear Regulatory Commission and contains a list of approximately 8,100 sites which possess or use radioactive materials and which are subject to NRC licensing requirements. To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 08/05/2020 Date Data Arrived at EDR: 08/10/2020 Date Made Active in Reports: 10/08/2020 Number of Days to Update: 59 Source: Nuclear Regulatory Commission Telephone: 301-415-7169 Last EDR Contact: 10/13/2020 Next Scheduled EDR Contact: 01/31/2021 Data Release Frequency: Quarterly TC6253164.7s Page GR-16 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING