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HomeMy WebLinkAbout2.0 BOCC Staff Report 06.13.1994BOCC 6/13/94 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit for Natural Gas Transmission Line and processing facility APPLICANT: Barrett Resources Corporation LQCATION: A varied right-of-way extending north from Parachute Creek through Exxon and Union Oil property into the Piceance Creek area of Rio Blanco County. ACCESS: County Road 215 EXISTING AND ADJACENT ZONING: Resource Lands (R/L) I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The right-of-way is largely located within District C -Rural Areas with Minor Environmental Constraints and District D-Rural Areas with Moderate En virorunental Constraints and undesignated areas north of Parachute. IL DESCRIPTION OF THE PROPOSAL A. Sjte and Project Description· Barrett is proposing to construct a natural gas processing facility and a sixteen (16) inch natural gas pipeline that would extend 25.3 I miles north from the proposed processing facility in the Parachute Creek area to the CIG Greasewood Compressor Station in the Piceance Basin in Rio Blanco County (see map page • ~ • ). The pipeline will deliver 70 to 90 million cubic feet of natural gas from a 150 mile long gathering system that serves 200 wells in the Parachute Valley area. The producing wells have a life expectancy of 30 to 40 years. It is projected that approximately 50 construction personnel will be working during the peak of the construction period between June and September of1994. The pipeline's life expectancy is 50 years. The gas processing facility will be located on a 6 to 7 acre site in the Parachute Creek valley (see page• S -). The site will have two 36" x 120' inlet slug bottles; three 360 hp propane refrigeration compressors; one 360 hp residue gas compressor; one 800 hp residue gas compressor; two45 million cfd process skids; one direct fire heater skid; one propane refrigeration skid along with a number of other pieces of equipment. The processing facility will take all of the impurities out of the gas brought in via the gathering system prior to transporting it to the major transmission lines. -I- ' ' Ill. MA !OR ISSUES AND CONCERNS I. The applicant has not reached final agreement with Union Oil andExxonforthe ROW. Copies of the final agreements must be submitted prior to issuance of the Special Use permit. 2. Rio Blanco County has reviewed and approved a Special Use permit for the pipeline and associated facilities and attached 15 conditions of approval (see attached pages I.+ 7 ). 3. The applicant has represented that there will be no permanent impacts to the consumptive use or depletion of walf7 dust, wildlife and traffic. There will not be any major emissions of heat, gl()I, radiation or fumes during construction or permanent operation of the facilities. Any impacts will be temporary and mitigated by revegetation and restoration after construction and dust and erosion control during construction. 4. The associated gas processing facility will be located in the Parachute Valley and according to the application will have the appropriate State Air Pollution Emission Permit. The application states that a 55.dB property line noise level will be maintained, which meets the State noise levels. 5. The rehabilitation will include restoring the ROW to as close to its original contour as possible, erosion control structures and revegetation. No mention of certified weed free seed is noted, but Garfield County will require that type of mixture. IV. SUGGESTED FINDINGS I. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDAIJON APPROVAL, subject to the following conditions: 1. All proposals of the applicant shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 2. The applicant shall have 120 days from the date of the Resolution of Conditional Approval to meet all conditions set forth in the Resolution. The Special Use Permit shall be issued when all conditions are met and shall expire 120 days after issuance, unless construction or use have commenced. -Z- 3. All revegetation shall be in accordance with the revegetation agreements approved by each property owner. All revegetation shall be conducted with certified weed-free seed. Barrett Resources Corporation shall be responsible for I., we<;.d co,n~rol in accordance with State Jl!\d County regulations. ~I._ ,,_ 1>1-">' 1 rrrri; O;I--f,,,,_ f}l-,,_,,.,1-/1 ~ ~ llj 'J'4-0 · 4. The applicant shall submit final easement agreements or evidence of final condemnation proceedings prior to construction on properties that still require such agreements. 5. All contractors will be required to notify the County Clerk and Recorder's office of all vehicles and heavy equipment brought into the County and not registered ;;:;:~:~ /-Al~~ _.1-~ k~ ~· ~,{,__'_ ~ ',r-4/ /JM/ (, ~Wn fie; r/ ,G· ~? ~ Pipeline Piceance EY: Route Creek '-., -Proposed Plpel!n• Into Basin * -Slor119e, Sl<1g!ng or Lay-down Areo. (approx. location) -Acc•u on Exl,tlng Roads '•,, -Access on R.O.W. aooo ~--~ 50011 In r .. 1 P\!llYATE R 9~ W R 95 W JUI'! 08 "34 0':;t: 51Rf·1 BARRET l . ' P.3/3 ! ~!~~~~~~~~~~~~~~-.--~~~,----~~~~~~-. !jl 'ill!' -I I ! ! · I ~!·~~-·~·-• " ~ ! ~ , •• I ( ~ !I , I , ; I 1 ' i ' ; "' ' ~~~--'~~~~~~~-'-~~--'~~~-'-~~~-'-~~__":_J i :z_r_===~ .5 .. Page 2 Sp. Use 94-15/Barrett May 16, 1994 If no additional problems are identified, it is the recommendation of the Planning Department that this project be approved with the following conditions: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Weeds be adequately controlled in all disturbed areas. All land within the pi\'eline easement will be restored to its pre- construction or natura topography. All disturbed areas or areas disturbed for maintenance within the pipeline easement will be re-vegetated to BLM or Soil Conservation Service criteria. Re-vegetation efforts should continue until determined successful by the BLM or Soil Conservation Service. Topsoil will be segregated to insure its return to the top of the trench within all buried pipeline easements during construction or maintenance operations. All stipulations as included in the certification as stated in the Special Use Permit application will be met. Required permits be obtained from the Bureau of Land Management for the project. A tracer line or location device be placed adjacent to or in the trench of all buried non-metallic pipelines to facilitate the location of the pipelines. The pipeline shall be buried to a minimum depth of 48 inches within all road crossings, shoulders, or road right-of-ways and to a minimum depth of 36 inches in all other areas unless specifically waivered by Rio Blanco County. All earth-moving equipment brought in from out-of-state shall be washed before entering Rio Blanco County to prevent the spread of noxious weeds. Equipment shall also be washed after working in any identified noxious weed area during construction within the pipeline easement in Rio Blanco County. All new access roads which connect to County or State roads shall obtain the appropriate road access permits. All pipeline crossings or infringements of County right-of-ways shall obtain the appropriate permits from Rio Blanco County. Barrett Resources Corp. shall cooperate with other pipeline companies within the utility corridor to maintain a minimum of a 25 Page 3 Sp. Use 94-15/Barrett May 16, 1994 ft.. separation between pipelines and to coordinate crossings and cathodic protection facilities where applicable. 13. Staging/storage areas shall be located at least 50 ft. from stream banks and wetlands and shall not be located in irrigated agricultural fields. 14. All construction and operation procedures identified in the submitted Special Use Permit application shall be strictly followed. 15. Barrett Resources Corporation shall be responsible for all sub- contractor activities and shall ensure that all sub-contractors follow all submitted and approved plans and conditions of approval. PUBLIC NOTICE TAKE NOTICE that Barr9tt Resources Corporation has applied to the .Board of County Commissioners, Garfield County, State of Colorado, to grant a Special Use Permit iri connection with the following described property situated In the County of Garfield, State of Colorado: to-wit: -;c: ,_;;,__ ~-'--·!'.::·· . Legal Description: I 4$ a 98W Section 22: E1/2 Section 27: W1/2E1/2 Section 34: W1/2NE1/4, SE1/4NW1/4, E1/2SW1/4 ISS B96W Section 2: W1/2SW1/4 Section 3: NE1/4NW1/4, W1/2NE1/4, NE1/4SE1/4 Section 11: W1/2NW1/4, N1/2SW1/4, SE1/4SW1/4, SW1/4SE1/4 Section 13: SW1/4SW1/4 Section 14: W1/2NE1/2, SW1/4NE1/4, E1/2SW1/4 Section 24: W1/2NW1/4, SE1/4NW1/4, NW1/4SW1/4, S1/2SW1/4 Section 25: NE1/4NW1/4, W1/2NE1/4, NW1/4SE1/4, E1/2SE1/4 Section 36: E1/2NE1/4, E1/2SE1/4 The gas processing facility will occupy a 6- to 7-acre site In T.ss., R.96W., Section 36, SE1/4SE1/4. Practical Description: L0cated In portions of Sections 22, .27 &· 34, T4S, R96W; Section 2, 3, 11, 13, 14, 24, 25 & 36, T5S, R96W of the 6th P.M., an area extendinQ northwest from Parachute Creek into Rio Blanco county. Said Special Use Permit is to allow the Petitioner 'to build a 16 inch-natural gas pfpellne and compressor station. AH persons affected by the proposed Special Use -Permit are Invited to appear and state their views, protests or objections. If you cannot appear personally at such hearing, then; you are urged to state your views by letter,· particularly It you have objections to such Special Use Permit request, as the Board-of county commissioners will give conSideratlon to the comments of surrounding property· owners and others affected In deciding whether to grant or deny the req_uest for the Special Use Permit This SpeOlal U~e Permit applicatlon may be revleWed at the office of the Planning Department located at 109 8th Street1 Suite 303; Garfield-COunty-COurthouse, Glenwood Sp.'lngs1 COiorado, between the oours of 8:00 a.~. ,_1151 s:oo p.m., Monday thi'ough Friday. "'~ ThaLpubHc-hearing on the application for the above Special use permit has been set for the 13th day of June, 1994, at the hour of. 1,0:30 a.m., at the otnce of the Board of Coulity Commissioners, Garfield County CoUrthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield county Publlshed May 26, 1994 In the Valley Journal ,ev. 11 rHoor or PLIRLIC/\ TION J:.OA~INC FO..._K VALLEY JOURNAL HA TE OF COLOIU\[)() } COUNn' OF CAl:nCLD ,._ I, J\.Ol:lERTDUNDASdo!-oh-rnnl Y"'""'<'Ar that I .am rUtlllSI lEJ\.of 1l1(' J.i.OARINC fl)RK VALLEY JOU1'NAL th.111 the-~me-i~ a n<"w!<op.tpt"T pnnll-.:1, in ""·hok ('ff In r.irt. .ind rut-1.J .. hcd in thC' County pf ("-arf1dd, $<.it(' of c~·kirMo . .ind h.1 .. .a ~C"nl"f .ii nrcul;ihon lh<'rl'1n; that :o.:t•d n1·w'l'·'r"'T h., .. t ... -..T1 p11t•ll'lwd ronhnUl'u .. ly and un1ntC'rruptNly in ""11d Counl)' of G.ufadd for a ['o('nc-..:i (lf ffiOTC' than f1fl)'"l"""O <'\ln~l;l\'(' Wt-..·J..~ OC'1.l pnor hl ltu: f1r.-I rubhC.lhon Clf thC' annC"11.<"d l<'t.ll noti('(' or ad\"CTh-..:-mC'nt; that ~1d n('"" • ._P·'~' !1.1.'-1 ........ "TI adrnill<'d to lhC' UnitN Stat~ma1L<. a_<. '.'-('C'Ond-dassmanc-r undrr thc-prov1 .. 1:'ln<. of th(' Act o! t..1ardl 3, 1579, or any •mH·ndmC'nl!-thc:irof. and Oiat ,.a.id nC'W~p.lf'C'f is a nC'"""!-papcr duly quali!1t'd for pul>li .. hinf; ll"J;O\l nolln.."'!-and a.d..-c-rh~mC"nt:s '"''\thin the mc0Ln1ng of the l3ws of lh<' St.11<' of Color~o. Th<1t Lh<' annc-.00 lt'&al notiC"C or advcrbs.c-mcnt \•,:a..-.. pu~lishc-d in the rc-pllar a.nd <""ntire issue o( cv('ry numM of ~id co n!.C'C"U tive nC"...,~p.1pc-r for the period o( I fiJ1L in~rtions: and that the hrst puDlie4'tion of !..lid not1tt a~ in the is.sue of ..;d newspaper datod on //I/ lll;it:: :J_fb /~fr 'f and the last puhlication o( said n~ti<T wa;·C issuc of Jid nC" .... -spapcr datod -71'/czcd. a (p . / ?f i . (/ r <fl___, J .... 'itnC5s '"''hC"rC'OfJ havt'herC"WllOS<'t my hand this a (o day~ . i!f!)t~ . (:(CJ1 . /c.,,~ .-(· ,\ //::,.--£ ... ~,·- Puhbshcr Sul~hc-d and S"'-'Om to he-fore me, a ncita.ry put•lic in and for thc County <1! GMfwld, Stalc-o! Colorado, thi!-d lo</~ day of __ ;r4, Y I ?-Lf;)' / 4' f ,r: <SE.All ? /!. <...--CJ::. ,(d cf~...,_.) Notary rut.be :II> N. 4th. CARllO~DALE. CO ~lf,!J. ~1,· (nn1nu'-"1"n f,p,11-.. Junc 19, 1ou5 z 695 546 961 ~ Receipt fer · Certified Mail No Insurance Coverage Provided = Do not use for International Mail ~ ... ~ (See Reverse) Certified Fee 27 Special Delivery Fee d <) Restricted Delivery Fee "' :Jl r.:,-,,c,-,0-,,-,-,,c;-,,c,,,-0-wc;-,9~~~~-t~~~~~~--i ~ to Whom & Dace Delivered /.,-O 0 u ~ ; tro~e:z:D'*' 2 I or.:::::::ie--;:--:-:;,'it'r--~"""~~~--.., CD ., E 0 u. (/) a. __ ,_ ____ ::-.....;-...,,. r"" -·----1. ~ t'l :;: ::> t'l 0 ...._ I-' <: 0 Cl> "' c " Cl> 0 :;: ~\r tIJ 'Cl Cl> :» Cl> " A. \·\ :xi " I-' ' ' :xi "" Ill Cl> "'' t'l cT \' . ... I-'· t'l ... 0 <: ::> Cl> f::\ :xi "' " '"[ t'l (ll l'; "' :;: 0 Ill \~ c: ::> f ~ :xi Ill r: () U'.l t'l Cl> "' " () 0 :xi "' 0 :xi :» ... H 0 z ~ SENDER: 1 · · h "0 • Complete items 1 and/or 2 for additional services. I a so wish to receive t e a> • Complete items 3, and 4a & b. following services (for an extra f! • Print xour name and address on the reverse of this form so that we can fee): a:i return this card to you. ~ • Attach this form to the front of the mallpiece, or on the back if space 1. 0 Addressee's Address ... does not permit. 2. D Restricted Delivery "' I-'· ::> 0 Cl> " Cl> I-' '<: 1l ·;; ;; "' li ·;; ~ • Write "Return Receipt Requested" on the mailpiece below the 3rti'cle number., ..., • The Return Receipt will show to whom the article was delivered and the date g de~ivered. .,, Consult postmaster for fee. ¥ i~co~ s . /]_ ,ns ~ /9'66 1 ,f' ,g c '1:~ ;$. Article Addressed to: Article Number a: I .. 1 6_ 9 ~S:s -)l't6 96 I ~ D Insured a: "' 0 COD .5 4a . ~ertified ffi G..... j> / tf sa-·"-D Express Mail D Return Re~eipt for O: Wu: Merchandise ... c 0 ~ ~ t1~-A-_ 'i .. ~ 6. Signature (Agent) s 0 >PS Form 3811, December 1991 ~_;~:,Ji.,}. ;J*:L-;.._.0 .. n,;: --~U.S. GPO: 1993-352-714 .), f• s (Only if requested.:.:: c DOMESTIC RETURN RECEIPT " .c I- ::s 00 0 t'"l :xi :xi f-' :;: :;: 0 ....... Hi ::i-Cl> ....... ~ I; Ill ro cT 0 0 .. H> "' • '<: N Q) ....... ::i-°' ~ I-' "' "' 0 Cb w 0 Cl> .... :xi "' 5-~ <Dt-t1-100 t'l . Cl> U1 (ll " Cl> ::> :xi c . Cf) Cl> p. 0 () tIJ tT ~ :n H> cT I-' 0 () Cl> f-' 0 ct 'Cl 0 I-' ::> "' ~ ~ " I-' {ll 0 :xi "' • :xi Cl> Cl> " 0 0 ... Cf) Ill Cl> Ill p. Ill Ill I-' c c: "' "' p. p. p. ~ ... "' 0 Cl> "' 0 ,_, N ~ 'Cl c c Ul Ill .... Cl> " H> tT co ::> 0 0 0 0 ....... I-' f-' p. 0 ...... {)) ::i I-'· "' • Ill (ll p. 0 Ul 0 0 I-' tS> m "8 z => c: () Ill < 0 m "'0 cT .~ g Cl> " 'Cl I-'· 0 0 'Cl c 0 0 "' 0 tT Cl> Cl 0 Cl> " I-' a. ::I l"1 n> ....... 0 s ct 0 co 0 ....... I-'- N ct 0 ::> 0 ::> 0 N cT • cT ,_.. w "' 0 0 0 I-' Cl> 8 Cl> cT N Ill ::r 0 '° ..... "' <D 0 w Cl> ::> '° 0 " "' 0 0 Cl> Ill <D • <: " " :I::! ....... Hi ::s Cb ....... I-'· x :t: Cl> ::> w I-' U'.l 0 ct p. 8 ~ n g: N '° ..... 0 Cl> 6 Cl> c co ::> ;j Ill 0 0 cT 'Cl ..... I-' '<: 'Cl ~ 0 I-' oo n ...... <D 0 0 p. s Ill ••• s cT .. '! ... -; .. ' .............. \,~~ ...... ""0 ~"' ~ "'0 I ::> ............ _ _,;.Y Barrett Resources Corporation --------------------------·· --------·---------·--------·-----------. - 1125 17th Street • Suite 2400 • Denver, Colorado 80202 • (303) 297·3900 • FAX (303) 297-0807 l\l ..Jl 0- ..Jl :;r U1 U'1 tr" ..Jl N May 25, 1994 Per Sten Johnson 1532 S. County Road 17C Loveland, Colorado 80537 Re: Enclosed Public Notice a public notice concerning the application Corporation to the Garfield County Commis- Use Permit. Please review the enclosed Enclosed please find of Barrett Resources sioners for a Special notice. Sincerely, BARRETT RESOURCES CORPORATION Merle Evers Operations Manager ME/ve Enclosure "C;;;: . "' ·10 C) ~~ >-·"{ 0"' ii: c 0 Q) -~ "'"' ' m c: ·1 = • • "" 'I IU > ~ 1 ... :i;o.f . 0 u 0- J ..... -o~-~ ,._,Q,)CtV'- .9-; ~ ~ ~ CD·-::i .... w • (,)t:~oa: ~ (L)-CIU l ~ Q,)u o o Q) Ct zo!!! i .~ • • 0 0 " ~ 3 ~ & • • ~ 0 'li ~ ..._ •{'(', "" E 0. ~~ " B" ' 0 00 . s. -~ ' ,. •• oo 21 ~ 2! w :§.~ -~ 8" 0 ~E ." ~' ' 0 ' . 3~ ~~ £g ~ :Jl m (") m ~ @ .c c * c. Q "' !' !" ,.. 0 D ,, l> "' c. ~ c. ;;· @ • ~ • "' "' "-"' 0 •· ~ l> ,,,. c. "' c. .;; @ • • .. ~ 0 "' 0 .. ~ ,. "' • "' ~-0 "' • ~ ru " "' x @ ~\\\ £66 ~ 4°'"Vll •oosc w,0 , sd Thank you 1,,,.. using Return Receipt Service. - ru v; 0 ~ ;;;· :,- s @ 0 "' ;::· "' ~ :,- "' ~- Z b~S-546 963 Receipt for Certified Mail ~ -llNITED Sl•TES POST ... SEINICl No Insurance Coverage Provided Do not use for International Mail (See Reverse) Postage Certified Fee ,__, J Special Delivery Fee Restricted Delivery Fee 1(1 I ~ I Return Receipt Showing I I to Whom & Date Delivered ,C)U ~ 1--~c-~ ~ "' ~~;f;';;~::::~'-1"~$-~l.~._2),~~7 g -····· .., E &' "' a. ~: r; 1994 J ~;~ w rn :.> .... <I> '"1 ~ :xi ::> ... ,_. ~. :xi 0 Pl "' "' "' rt ·."' '·• >-3 ... "' :.: ::> "' 0 ..... ,_. < 0 "' "' "' .... "' >-3 "' 0 <: ~. ,_. ::> "' :xi ... "' ... "' ... "' "' " rn :.: r "' 0 Pl . ('-c: ~ t :xi n "' "' rn ... n 0 :xi "' 0 :xi :.> >-3 H 0 z ~SENDER: I ·u.; • Complete items 1 and/or 2 for additional services. I also wish to receive the a> • Complete Items 3, and 4a & b. ~ ~ I!! • Print your name and address on the reverse of this form so that we can return this card to you. • Attaqh this form to the front of the mailpiece, or on the back if space does not permit. _! • Write ''Return Receipt Requested" on the mailpiece below the article number. .., • The Return Receipt will show to whom the article was delivered and the date following services (for an extra fee): 1. D Addressee's Address 2. D Restricted Delivery § delivered. Consult postmaster for fee. "'Cl 3. Article Addressed to: 4a. Article Number " " -~ .. Cl) E ·;; " " a: :::s 00 0 tZl 01-'-tt,::l rt 0 0 I-'-::J o:i ........ 0 CD Ill 0 lDti1-1UJ "' ... "' "' 0. .... rt 0 rt 'O .... .... Ill :xi "' rn "' 'O 0 "' Ill "' "' "' "' 0 ........ I-'-0 1-'- lll "' ::> ,_. "' 0. c: n PJ "' 0 "' ... 'O 'O "' "' 0 O" "' .... ,_. ti Ill l-'- 3 rt n I-'-1-'- rt 0 ::> ::> 0 rt rt .... "' 0 0 "' ,_. "' rt Pl "' ::r 0 "'"' 0 ::> ... 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'O "" :.: Ill Pl ::> ...... 0 ..Q "' .... ::> :.: Pl ... "' m <.n D> "' ~ U1 "ii- en .... ~ JJ <D ~ <D ~ "" • en c c: ~ ~ "' ... 0 0 • 0 0 0 <O "8 "' < <O -~ 0 el 0 0 5· Pl a. ::J 0 "' 0 "' 0 "' • (;) 0 8 "' <O ..... "' <O 0 0 • ;! x (;) 0 8 "' <O ..... 6 "' 0 ..... •••• ·,. '' •. \ ' . '- -0 == •• :2 :? >-0. Lil " c ll. 0 a-Q) ·.;:::: O>. a-• c = w iii ·1~ ~.E ...a :l" 0 u" ~ "tJ ~.E~ Lil ~ Cl) c: Q) Q) Lil .9't:e~> a-Q)•-:J...,11> <Jt::~oct ...a G>CD_c:Q) C::(.)00~ ZO- N ~1~i II Barrett Resources Corporation 1125 17th Street • Suite 2400 • Denver, Colorado 80202 • (303) 297-3900 • FAX (303) 297-0807 A'., •' \ · .. ) / May 25, 1994 Chevron USA Inc. Attention: Mr. Gary Bishop 6400 S. Fiddler Green Circle Englewood, Colorado 80111 Re: Enclosed Public Notice ·.-'/ Enclosed please find of Barrett Resources sioners for a Special notice. a public notice concerning the application Corporation to the Garfield County Commis- Use Permit. Please review the enclosed Sincerely, BARRETT RESOURCES CORPORATION Operations Manager MEive Enclosure ""' ") "I \) <l ' 0 • ~· ~ 0 > • . -~ii . ~ oo " ~ * ~ ! • .e.a . 0 ~"' . • 0 0 ~ E 0 • 0 ~. . • g ~~ < • E ~ ~ ~ ". ~ £2 o" u 0 ~ ""' 0. £66~ L!::UBV'J • oosc WJO,j Sd Is your RETURN ADDRESS completed on the reverse side? !" m )> c ~ c. c. c. 0 arm 5: ·~ m -·· 0 <1> (/) 'O ' -l m• Ci -· )> e, c. c. :D ; m 0 -l 0 c: 0 ~ :D < 2 "' :D ; m (") .0 c m <1> 'ii :!! <1> -l 0. :-' " m ii' s. " !!. ;;:· <1> .:;: ~ ~ * ~ )> 0. 0. ; 0 0 --"---l-... ir>----:-- z 695 546 964 Reseipt--for Certified Mail ~ -~~ No Insurance Coverage Provided Do not use for International Mail (See Reverse) ' lklJ c'.2_ '? Certified Fee "-) (:J Special Delivery Fee Restricted Delivery Fee ~ J-.,,-,-,,-,,~,-,-,,c,-,,-s0oco-w_i_o_g~~~~!-~~~~~~--/ .-to Whom & Date Delivered / U ~ ~ "' :!'~~;,;;;;;;~~ TOTAL Postage / , 0 & Fees -< _,L-- 0 co (') E 0 u.. 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D Restricted Delivery E. ·;; Consult postmaster for fee. ~ § delivered. ,j_ Article Addressed to: -c - tr >70C ,11. Xe~ r!s?kt£ tfld; f'~P 9 l~ /?cl dl-S" J!l " c. ~ Cl) ffl is· 0 ct ~· ::> f- /7~ t1eJ f /63S ~I 6~ Signature (Agent) 3 4a. Article Number a: I i ?, CZY-)L/h £{, </ ~ 4b.Jrvice Type ' ~ D Registered 0 Insured ~ertified. 0 COD .~ O Return Receipt for ~ I Merchandise ... 7. Date of Delivery .S. 0 Express Mail 5-'31-9 ~ 0 ~ > 8. Addressee's Address (Only if requested.:,: and fee is paid) ~ ~ ~ =p=s-:F::-o-r_m,_· "'3"'8"1=1 , December 1991 *U.S. GPO: 1993-352-714 DOMESTIC RETURN RECEIPT .!! :~_;, .. (:· ?) :, __ ....,;1.-l...;.;. ..... :. .{... -'! :,; ; <: ,_, ,_, I-'· Hi ::s (1) I-'-I-'- ,;: 11> ::i ,___. '° rt "" ::r rt 11> (l ::r 0 11> 11> "' ::i ::i "' n rt 't! ,___. '<: 'O 0 ,___. m n .....,.. "' o n ""s "' s rt I-'-1-'- (ll 0 I ::l :0 1-(J ,i::. > c:: :i: .. ll>Nrt2:: "' l;COc-tO '<: "-' OJ 1).11.D{l)ll "' Ill n ::i :.. "' ~ t'l ::r (l rt t-' '-" :::; ::i c 0 ..... . ;:r n rt "' 0 :0 0 ,___. (I) ::i ::s (I) ... a; ~ 0 . rt •• "' "' ~ {II '<: ,___. "' 11> (l :i: "" • ~ "" 0 :0 ,_, t'l (/) ,___. 0 • (ll c: c: "' 0"' rt @= .... "' '10.Glll> "-' ~ rr Ill "' rt _,,. 0 0 ,___. O...N l"1 (I) I-'-0 ... '<: • 0 n '-" 0 CX> "' I-'- 0 0 z ... Ill <: "' -g "' 0 a-. ,_, I-'- < rt w ;>;" (ll "' -~ I-'-lJl fJl I-'- (") ill n 0 0 .. ::i 0 ()· Ol c_ ::J 0 00 0 "-' 0 "-' • w 0 ~ "-' <D ___, (,, <D 0 0 • ":;;! x w 0 ~ "-' <D ___, 6 00 0 ___, ·,·..-.. . ·,, ___ _______..~-~ '<. ______ ,,, ACCESS AGREEMENT for Road Use &. E This Road Agreement made and entered into this /ST day of Tv 11 e_ , 1994, by and between EXXON CORPORATION, a New Jersey Corporation, with address for purpose of this agreement of c/o Exxon Coal and Minerals Company, P. 0. Box 1314, Houston, Texas 77251-1314, Attention Land Manager; hereinafter called "Owner," and BARRETI RESOURCES CORPORATION with an address of 1125 17th Street, Suite 2400, Denver, Colorado 80202, hereinafter called "Permittee." WITNESSETH: WHEREAS, Permittee desires to conduct activities relative to the construction of a pipeline on lands contiguous to lands owned by Owner; WHEREAS, Permittee desires to acquire Owner's consent to use a certain existing access road, hereinafter called the "road", traversing Owner's l2:ids, said lands known as the Colony Shale Oil Project Site, located in Township 5 South, Range 95 and 96 West, 6th P.M., Garfield County, Colorado, hereinafter called the "premises", as shown on Exhibit "A", attached hereto and made a part hereof, for the limited purpose of transporting personnel, equipment and su;.>plies incident to the construction of a pipeline on lands contiguous to the premises, and Owner is willing to give such permission upon the terms and conditions hereinafter specified; NOW THEREFORE, in consideration of Five Thousand and No/100 Dollars ($5,000.00), the adequacy and receipt of which is acknowledged, and of the mutual covenants contained herein, it is agreed as follows: 1. Owner grants to Permittee the right to use the road located on, over and across the premises, for the limited purpose of ingress and egress for personnel, equipment and supplies incident to the construction of a pipeline on lands contiguous to the premises. 2. This Agreement shall be valid for a period of one hundred twenty (120) days from the date hereof. Permittee may, by giving thirty (30) days written notice to Owner and upon an additional payment of One Thousand Two Hundred Fifty and no/100 Dollars ($1,250.00), extend this Agreement for thirty (30) days, subject to all the same terms and conditions as herein contained. 3. Permittee shall be responsible to Owner for all damages to buildings, fences, gates, livestock, tanks, bridges, culverts, cattle guards, dams, dikes, other stock watering facilities, and other improvements of Owner which may be damaged by Permittee's activities and use hereunder, and Permittee shall, within thirty (30) days after such damage occurs, at Owner's election, repair or pay Owner the cost of repairing any and all damages resulting from Permittee's activities as nearly as possible to the condition existing prior to such use and any hazard, caused by Permittee's activities, shall be marked or barricaded and proper steps taken for the immediate repairs thereof. 4. Permittee shall not use any part of the premises or road as a storage or laydown area for its pipes or supplies. It is recognized that Permittee may need to cross a small portion of the premises on its western boundary to access Permittee's pipeline route. Permittee shall restore any part of the premises so disturbed to the condition comparable to that existing on the date of this Agreement, and shall follow the "Topsoil Management and Revegetation Plan" described on Exhibit "C", attached hereto and made a part hereof, and such other reasonable instructions relating to topsoil management and revegetation as Owner may issue to Permittee in connection with such reclamation. 5. Permittee fO' the term of this Agreement agrees to reimburse Owner for incremental costs for Owner to maintain the road as a result of Permittee's use of the road. Such maintenance includes, but is not limited to, maintaining the road surface, cleaning bar ditches, cattle guards, and culverts, maintaining berms, and controlling fugitive dust, and upon termination of this Agreement, Permittee shall, at Owner's election, restore or reimburse Owner to restore the road to the condition comparable to that existing on the date of this Agreement. 6. Permittee shall not block the road or create undue restriction of the road through any action or inaction of Permittee, and Permittee agrees to lock all gates after passage through such gates and to keep the road, the premises, and all contiguous lands free from trash and debris with all trash and debris to be removed immediately as it is generated. 7. Permittee hereby agrees that it will secure any and all permits, approvals, or other permissions, if any, which may be necessary from any agency of any level of government in connection with Permittee's use of the road. 8. OWNER MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE ROAD, ITS LOAD-BEAF.:NG CAPABILITIES, THE TURNING RADIUS ON ANY OF ITS TURNS, OR ITS COMPLIANCE WITH HEALTH AND SAFETY REGULATIONS WHICH MAY BE APPLICABLE TO PERMITTEE. 9. Permittee shall not restrict the right of Owner to use the road, or occupy, use, pasture, and cultivate the premises or otherwise use the same for all purposes. 10. Permittee shall carry Public Liability Insurance with limits equal to those which Permittee ordinarily carries, and Workers' Compensation Insurance and Employers' Lia',ility Insurance in compliance with applicable laws; and to furnish Owner, satisfactory evidence of such insurance prior to using the road. Permittee shall save, indemnify, and hold Owner, its affiliates and their officers, directors, employees, lessees, representatives and assigns harmless from and against any and all costs, claims, demands, suits, or actions, obligation, liability or responsibility for bodily injury, death, loss or damage to property, or liability of any kind arising directly or indirectly out of Permittee's use of the road and access upon the premises and that of Permittee's employees, agents, representatives, licensees, invitees, contractors and subcontractors. 11. Permittee and its personnel shall comply with Owner's rules for the premises concerning security, safety and welfare of persons on the premises as set out below. A. Prior to initial entry upon the premises, Permittee and its personnel shall read, sign and comply with Colony's Plant Permit Form. 2 B. Firearms or other offensive weapons are considered contraband and their possession on the premises is prohibited. No hunting, fishing or visitors are allowed on t· 2 premises. C. Any oil or hazardous substance spill that may occur on the premises shall be immediately reported to Owner. D. The misuse of legitimate drugs or the use, possession, distribution, or sale of illicit or unprescribed controlled drugs on the premises is strictly prohibited. Possession, use, distribution, or sale of alcoholic beverages on the premises is not allowed. Any of Permittee's personnel who violate the policies stated in this paragraph will be removed from the premises and may be denied future entry. 12. Permittee acknowledges that its acce: s will involve risks not normally encountered. Major construction activities have occurred and may be occurring in the future on the premises. Access roads upon and around the premises are not regularly maintained. ABSOLUTELY NO REPRESENTATIONS ARE MADE AS TO CONDITIONS WHICH WILL BE ENCOUNTERED ON THE PREMISES. OWNER'S PREMISES ARE ACCESSED AND USED AT THE SOLE RISK OF PERMITIEE. By entering upon the premises, all such persons assume all risk of bodily injury, death, loss or damage to person and property arising from or due to any cause (including latent or patent defects in the road or the premises). 13. Owner is under certain obligation of confidentiality relative to oil shale processing technology incorporated within certain equipment and structures located on the premises. Permittee, therefore, agrees that neither it nor its personnel shall take photographs or make drawings of any of Owner's property, equipment, or mining processing facilities on the premises, and shall not disclose to anyone, other than a designee of Owner, any information or data which may be disclosed to or observed by Permittee and its personnel concerning oil shale mining, processing or handling facilities as are presently on the premises. The provisions of this section shall remain binding obligations on Permittee after the completion, expiration or termination of this Agreement, until Owner reasonably determines that the confidential information referred to herein has become part of the public domain by means other than disclosures or releases prohibited by this Agreement, or until the date fifteen (15) years after completion of the access, whichever occurs first. 14. If default or breach shall be made in any of the covenants and agreements herein contained to be kept on the part of Permittee, Owner may, at Owner's election, declare this Agreement terminated and said Agreement shall thereafter be null and void and of no further force and effect, provided, however, anything herein contained to the contrary notwithstanding, Owner shall not exercise such termination by reason of any default or breach, unless and until Owner shall have given Permittee written notice, by certified mail, of such default or breach, and unless Permittee shall have failed to remedy such default or breach within a period of ten (10) days after receiving such notice, and provided further, that any indemnification provisions from Permittee to Owner hereunder shall survive such termination. 15. Waiver by either party hereto of any breach of any condition or prov1s1on of this Agreement shall be limited to the particular instance and shall not operate or be deemed to w2ive any future breach or breaches of said condition or provisions; the failure of either party to insist, in any one instance or more, upon the performance of any of the conditions or provisions of this Agreement or to exercise any right or privilege herein conferred, shall not be 3 .• construed as thereafter waiving any such condition, provision, right or privilege, but the same shall continue and remain in full force and effect. 16. The following miscellaneous provisions are applicable to the premises' access: A. NO MEDICAL FACILITIES ARE LOCATED ON THE PREMISES. Ambulances may be available in the area of the Town of Parachute. Air life service may be available from a hospital in Grand Junction, Colorado. B. Prior to daily entry upon the premises, Permittee shall notify Owner's agent, SEM Construction, c/o Mr. Jay Johnson, 773 Valley court, Grand Junction, Colorado 81505, telephone number (303) 241-4412 or 245-9426, in order for SEM Construction to unlock the premises' main gate and allow Permittee access onto the premises. Permittee shall reimburse Owner the amount of Two Hundred and No/100 Dollars ($200.00) per day, for every day Mr. Johnson or other SEM Construction person is required to make a special trip to the premises outside his normal work week to provide such access. 17. The portion of roadway from the intersection of County Road 215 to the premises' entrance, as shown on Exhibit "B", attached hereto and made a part hereof, is located over and across lands owned by Union Oil Company of California. Owner grants, to the extent of Owner's interest in this roadway and as far as it has the legal right to do so, permission to Permittee to use said roadway for the purposes described herein and under the terms, obligations and conditions contained herein. 18. Permittee agrees to reimburse Owner for any direct or indirect costs incurred by Owner in securing compliance with any provision of this Agreement. 19. The term "Permittee" as used herein shall be defined so as to include any employees, agents, representatives, licensees, invitees, contractors and subcontractors of Permittee. 20. Except as may be herein otherwise provided, all notices required or permitted herein shall be deemed to have been properly given when sent by certified United States mail, addressed to the other party at the above addresses. 21. This Agreement shall inure to the benefit of Permittee, and shall be binding upon Owner, its successors and assigns. JN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. OWNER: rney-in-Fact J:IPJR\MM\RoadAgre O.K. as to: if:·';' · Transaction /t / · • rorrn _ To._x ~§";? PERMIITEE: BARREIT RESOURCES CORPORA TJON ~~~p·· ~.A7~1/t-,,t:;,,,·j- 4 N.W .. : Pl PELI NE .. ~N.D .LA SAL lJ lP.ELfNE E.l.S .. QW. .. . ... ·.~·;~.) ' . ( ·. '·\\ ·_ .) .... ~- ' ..... .: j . '.·· . ' _i ( _,,--'·, 19011 I ... , . ,~ y, / , r> ( \ 1-"-~<..!..t:.!.!J.ti ,\ \ .1 ) "CCP ~s /,oc.d. Pr-e mises 69/230K'/ J_,/ I ~/ I ·/ ' I ' c'.'.QONr 9QIO llHI UPS Exhibit "C" TOPSOIL MANAGEMENT AND REVEGETATION PLAN The Topsoil Management and Revegetation Plan requires in general that the topsoil shall be salvaged prior to disturbance for the site access, that the disturbed area shall be recontoured to approximate original contour upon completion of the site access, that the salvaged topsoil shall be replaced, and that the disturbed area shall be reseeded in accordance with the sequence and procedures described below. Vegetative matter, other than trees, shall be windrowed to the side of the disturbed area and temporarily stockpiled for later use in reclaiming the disturbed area. Topsoil shall then be stripped to a depth of 12 to 20 inches and shall be stockpiled adjacent to the disturbed area. Topsoil shall not be used as ripeline padding or mixed with other excavated materials. Upon completion of the surface access, the disturbed area shall be returned to its approximate original contour. The topsoil previously salvaged and stockpiled shall be replaced on the re-contoured surface of the disturbed area. After the topsoil has been spread over the disturbed area, the disturbed area shall be seeded with the permanent seed mix specified in the table below. Revegetation methodology shall include preparing seedbed by disking or ripping, following the natural contour. Drill seeding shall be done along the contour at a depth no greater than 1/2 inch. In areas that cannot be drilled, broadcast seeding shall be carried out, at a seeding rate double that of the drill seeding rate. Broadcast seed shall be worked into the topsoil cover by means of a harrow or by an equivalent technique. Certified seed is recommended. Fall seeding must be completed after September 1, and prior to prolonged ground frost. Spring seeding must be completed after the frost has left the ground and prior to May 15. After the disturbed area has been re-seeded as described above, the vegetative matter previously windrowed and stockpiled adjacent to the disturbed area shall be re-spread as a mulch on the surface of the topsoil. Seed Mix Native or Introduced Species N Streambank Wheatgrass (Agropyron riparium) N Western Wheatgrass (Agropyron smilhii) N Mountain Brome (Bromus marginatus) Pubescent Wheatgrass (Agropyron lrichophorum) N Columbian Neddlegrass (Stipa columbiana) N Basin Wildrye (Elymus cinereus) N Winterfal (Ceratoides lanata) N Utah Sweetvetch (hedysarum boreale) Pounds PLs• Acre 2 4 4 2 2 2 112 1/4 16 3/4 •This rate is for drill seeding. Broadcast or hydroseeded applications shall double this rate. Subsequent reseeding of disturbed areas, by Permittee, shall be accomplished as may be necessary to assure vegetation growth. Responsibility for such growth shall not extend beyond five years from the date of the initial seeding. J:IPJR\MM\Topsoit o_ooiy of C-olon y P/a11 J P.ern-1; f ;::; •M (BA-cJc) PLANT PERMIT The undersigned. having shown evidence of being over eighteen {18) years of age. has been granted the permis· sion of Exxon Company. U.S.A. ("Exxon") to enier the oil shale premises and plant owned by Exxon in Gariield Counly, Colorado. In cons1derat1on thereof, the under· signed hereby agrees {1) not to take photographs or make sketches (both of which are strictly prohibited) and (2) not to use for his/her own benefit or the benefit of others. and not to disclose to anyone other than a designee of Exxon, any information or data which may be disclosed to him/her or may be observed by him/her on the premises or in the plant, and which he/she is told. or would have reason to believe, is secret and confiden!ial with respecl to the min- ing, handling and processing of oil shale. the products (including by-products) being produced therefrom. the refining, treating or other processing of any such prOducts. and the disposal of waste materials. or with respect to the materials, equipment. devices. processes. methods and techniques used in any such operations. This agreemeni shall not apply to any such data or information which has been heretofore. or without any act or fault of the under- signed may hereaher be, (1) published or otherwise made available 10 lhe public generally or (2) disclosed in any issued Letters Patent, domestic or foreign. For the same consideration, the undersigned applicant hereby assumes all risk of injury or death to his/her per· son and damage to or destruction of any property he/she may bring upon the premises. arising from or due to any cause, including latent or patent defects in the premises or any structure thereon and any act or omission of any person (including the negligence of Exxon or any agent or employee of Exxon), and the undersigned does hereby further agree that neither he/she nor hrs/her executor or administrator will assert any claim. or by suit or o!her pro· ceedings assert any cause of action. against Exxon or any agent or employee of Exxon predicated on any of the foregoing assumed nsks. l have read and understand both the Hazard Training Pro- gram and Plant Permit and will comply wilh the above· staled information. --.. --- -... ---· -----.. ·--. -- - ------- Name Please Pnnt Organization Signature PLANT PERMIT Date '' ...... SURFACE LEASE AND AGREEMENT FOR PROCESSING PLANT State (situs of land): Colorado County (situs of land): Garfield Lessor: Chevron Shale Oil Company Lessor's Address: 6400 So. Fiddler's Green Circle Englewood, co 80111 Lessor's Mailing Address: P. o. Box 6518 Englewood, CO 80155-6518 Les'.See: _ Barrett Resources Corp. Date Executed: }Y}°if 45-th )1/7 ~ 0 s -ti: Effective Date: In consideration of the rental provided below, to be paid by Lessee to Lessor, each named above, Lessor grants, leases and lets to Lessee the tract of land (the "Lands") located in the county and state named above, and described as follows: A tract of land in the SE/4SE/4 Section 36, T5S, R96W, 6th P.M. as further described in metes and bounds as follows: Commencing at a point from whence the SE corner of Section 36, T5S, R96W, 6th P.M. lies S69°55'37"E, 935.00 feet; thence N78°00'00"W, 580.26 feet to a point; thence N14°49'50"E, 564.68 feet to a point; thence S88°20'12''E, 561.48 feet to a point; thence S12°00'00''W, 664.74 feet to the point of beginning and containing 7.97 acres, more or less. This Lease shall be for a primary term of ten (10) years ("Primary Term") from the Effective Date stated, with options of renewal for two periods of ten (10) years each, with a total term of this Lease and all of its renewals not to exceed thirty (30) years. The option to renew the term of this Lease for additional annual periods shall be exercisable by Lessee delivering notice in writing to Lessor at the address set out above (or any subsequent address furnished Lessee by Lessor) not less than thirty (30) days before the expiration of the Primary Term. Lessee agrees to furnish Lessor a recordable Release of the rights granted under the terms of this Lease at the termination of this Lease. With the execution of this Agreement, Lessee has paid to Lessor the sum of $1200.00, as rental compensation for the first year of this Lease, and shall pay Lessor annually, in advance of -1- the anniversary of the effective date hereof, for each additional year of this Lease, the sum of $1200.00 to be adjusted as follows. The annual rental during each year of any second ten year term hereunder shall be determined by multiplying $1200.00 by a multiplier to be determined as the quotient of the December 2003 All Urban Consumer's Price Index (12/2003 CPI-U) divided by the December 1993 All Urban Consumers Price Index (12/1993 CPI-U). Similarly, the annual rental during each year of any third ten-year term hereunder shall be determined by multiplying $1200.00 by a multiplier to be determined as the quotient of the December 2013 All Urban Consumers Price Index (12/2013 CPI-U) divided by the December 1993 All Urban Consumers Price Index (12/1993 CPI-U). As part of the consideration for this Lease, Lessee agrees to defend, indemnify and hold Lessor harmless from any and all claims, damages, suits or obligations, claimed or asserted against Lessor by reason of Lessee's operation or business on the Lands and against any and all parties asserting such claims, including but not limited to Lessee's employees, contractors and employees of its contractors, and to defend Lessor in any and all such claims or suits brought against Lessor by reason of Lessee's operations on the Lands, all at Lessee's expense. Lessee covenants and agrees to pay any taxes which may be levied upon or assessed against structures, fixtures or other equipment which may be built or installed on the Lands by Lessee, and any increase in real property taxes resulting from Lessee's construction of improvements on the leased tract. This is a surf ace lease only and shall not be construed to limit Lessor's right as the owner of minerals in and under the Lands. Without restricting or limiting the general and exclusive rights, privileges, powers, purposes and uses granted to Lessee, by the enumeration of the matters set out below, it is specifically agreed that the Lands leased pursuant to this agreement may be used, occupied and enjoyed by Lessee for the following purposes: Constructing, erecting, installing, operating, maintaining, inspecting, using, replacing, repairing, moving on and removing from the lands a natural gas processing, purifying, dehydrating, treating and cleaning plant and all buildings, warehouses, garages, storage facilities and structures of whatever kind, together with any machinery, engines, pumps, equipment, appliances, facilities, meters, pipes, regulators, fittings, gate valves, blow off valves, gate boxes, boilers, stills, heaters, drips, cooling towers, pipelines, telephone lines, electric transmission lines, and any other structure as may be necessary, convenient, or desirable to Lessee operations in carrying on the construction and operation of the referenced natural gas processing plant, with the right of ingress and egress for such use and purposes at all times. -2- Lessee, its successors and assigns, may remove all machinery, buildings, tanks, pipes and fixtures on the premises, at any time, and such removal, if entirely, shall constitute a termination of this Lease, and payment to Lessor shall no longer be due. Lessee warrants and agrees that it will comply with any and all laws, ordinances, orders, rules, regulations, standards and licensing requirements of any state, federal, municipal or local authority or agency, now in force and effect or which may be passed, enacted, issued, revised, required or later promulgated, incident to or arising out of or in any way connected with Lessee's utilization of the Lands or any activity conducted under, pursuant to or by virtue or this Lease. Lessee agrees that it will not discharge, dump, bury or store for purposes of disposal, pollutants of any kind on the Lands or into or on any water on, adjacent to or in the area of the Lands, including, but not limited to, pollutants such as oil, chemicals, toxic substances or materials, hazardous substances, including pollutants as the same may be defined in any federal, state or municipal laws, rules, regulations or ordinances. Lessee specifically agrees to fully defend, indemnify and hold Lessor harmless from and against all claims, demands, losses, costs of removal and/or clean up of pollutants, judgments, causes of actions, fines, penalties, costs, including, but not limited to, attorney's fees and costs of court, arising out of or connected with Lessee's noncompliance with the terms of this Lease. Lessee has the right, upon the expiration of this Lease, and any extensions hereof, within six (6) months after that date to remove any and all buildings, fixtures, structures and equipment which may be placed on the Lands, provided all rentals have been paid. Lessee agrees that upon the termination of this Lease for any reason, it will, if requested by Lessor, remove any or all structures and return the surface of the Lands to its pre-existing grade at Lessee's sole cost and expense and to re-seed the surface with native grasses until a self-sustaining stand of vegetation is obtained. The terms, covenants and prov is ions of this Agreement and Lease shall extend to and be binding upon Lessor and Lessee and their respective assigns and successors in interest. LESSOR CHEVRON SHALE OIL COMPANY By: LESSEE BARRETT RESOURCES CORPQ?..A'::.'IOi·~ By: '' STATE OF TEXAS COUNTY OF HARRIS The foregoing instrument was acknowledged before me this //p'!.;!i- day of JYl°'!f , 1994 as ~Cl d 5:-c~J of Ch~l'!'F!~~~~~· R/0;:,~<•,.,;, OEBRAH.MCCLEND N /YA/ .. ,.,;. ~// /i1/J • ...,,,d0... 8fir,~.. . . ._c·'\ NOTARYPUBLIC,STATfOFTEXAS (/{.}..lfJJ1.fA_ J1: 1 . (fl 1 I R ~'.. -~ .. ;; MY COMMISS10N EXPIRES ~ '.c~!.i".~w APRIL 6, 1996 &--..r..r-"""'""..r..o<>:>".r~...,.....r..r/.Y"..r.r..r. Notary Public My Commission Expires: f(b/qb ' STATE OF COUNTY OF The foregoing instrument was acknowledged before me this d/-S't/!. _)_'Y;°1=----+-<-' __ , 1994 as Utt~5 -b-J -Jad- of Barrett Resources Corp. ~ ~ ~ubc#f~A./- day of My Commission Expires: a Ai.. 'ff, I 9CJ ~ ~ I -4- TO: FROM: RE: RIO BLANCO COUNTY DEPARTMENT OF DEVELOPMENT May 16, 1994 Rio Blanco County Utility Corridor Committee Jim Komatinsky, Director of Planning County Courthouse Post Office Box 599 Meeker, CO 81641 (303) 878-5081 Application for Special Use Permit #94-15/Barrett Resources Corp. 16-inch Pipeline Barrett Resources Corporation has applied for a Special Use Permit to allow the construction of a natural gas pipeline and associated facilities. This project is located in Sections 5, 8, 16, 17, 20, 21, 29, and 32 ofT2S, R96W; Sections 5, 9, 15, 16, 22, 27 and 34 of T3S, R96W; and Sections 3, 10, and 15 of T4S, R96W, 6th P.M. All land within the project boundary is zoned Agricultural. The project consists of a 16-inch natural gas pipeline 25.31 miles in length which will run from the Greasewood Compressor Station area south to Barrett's Northwest Meter Station in the Parachute Valley in Garfield County. Approximately 15 miles of the pipeline will be located in Rio Blanco County, of which 10 miles are located on BLM lands and the remainder on various private properties. The purpose of the project is to deliver 70 to 90 million cubic feet of gas per day from Barrett's Meter Station in Parachute Valley to CIG's gas transmission line in Rio Blanco County. The pipeline will tie Barrett's 150-mile gas gathering system which currently serves 200 wells in the Parachute Valley to interstate markets via the CIG pipeline. The total cost of the project is estimated at 3.5 million dollars. The pipeline is to be constructed in the same corridor (estimated pipe-to-pipe distance of 25 feet) as the existing Northwest Pipeline Corporation 8-inch pipeline. No new road construction is planned as a result of this project. In addition to the pipeline itself, about 15 temporary staging areas will be established and a permanent 11 pig receiver", volume tank, liquid storage tank and meter run will be constructed adjacent to CIG's compressor station. The pipeline will cross County Road #5 at Piceance Creek as well as 2 irrigation ditches and traverse irrigated agricultural fields adjacent to Piceance Creek. The crossing of Piceance Creek and the irrigated fields adjacent to the creek have the greatest potential for environmental and community impacts along the proposed alignment. JUN 08 '94 09:50AM BARRET P.1/3 Barrett Resourc._..i Corporation 1125 17th Street • Suite 2400 • Denver, Colorado 80202 • (303) 297-3900 • FAX (303) 297-0807 Dll.TE: 6 -R TO: FROM: NUMBER OF PAGES TO FOLLOW TRANSMISSION SHEET: ~~2.~~~~~- LIST OF ITEMS BEING TRANSMITTED AND/OR MESSAGE: BARRETT RESOURCES CORPORATION FACSIMILE PHONE NUMBER: (303) 297-0807 PLEASE CALL (303)297-3900 IF YOU HAVE SHOULD HAVE ANY PROBLEMS OR QUESTIONS REGARDING ALL OR PART OF THIS TRANSMISSION. RIO BLANCO C()UNTV DEPARl MENT OF DEVELOPMENT ~ County Courthouse Post Office Box 599 Meeker. CO 8164 1 < (303) 878-5081 -f,' -~. TO: FROM: June 7, 1994 Rio Blanco County Planning Commission Jim Komatinsky, Director of Planning : : r. ' RE: Application for Special Use Permit #94-15/Barrett Resources Corp. 16-inch Pipeline Barrett Resources Corporation has applied for a Special Use Permit to allow the construction of a natural gas pipeline and associated facilities. This project is located in Sections 5, 8, 16, 17, 20, 21, 29, and 32 of T2S, R96W; Sections 5, 9, 15, 16, 22, 27 and 34 of T3S, R96W; and Sections 3, 10, and 15 of T4S, R96W, 6th P.M. All land within the project boundary is zoned Agricultural. The project consists of a 16-inch natural gas pipeline 25.31 miles in length which will run from the Greasewood Compressor Station area south to Barrett's Northwest Meter Station in the Parachute Valley in Garfield County. Approximately 15 miles of the pipeline will be located in Rio Blanco County, of which 10 miles are located on BLM lands and the remainder on various private properties. The purpose of the project is to deliver 70 to 90 million cubic feet of gas per day from Barrett's Meter Station in Parachute Valley to CIG's gas transmission line in Rio Blanco County. The pipeline will tie Barrett's 150-mile gas gathering system which currently serves 200 wells in the Parachute Valley to interstate markets via the CIG pipeline. The total cost of the project is estimated at 3.5 million dollars. The pipeline is to be constructed in the same corridor (estimated pipe-to-pipe distance of 25 feet) as the existing Northwest Pipeline Corporation 8-inch pipeline. No new road construction is planned as a result of this project. In addition to the pipeline itself, about 15 temporary staging areas will be established and a permanent 11 pig receiver", volume tank, liquid storage tank and meter run will be constructed adjacent to CIG's compressor station. The pipeline will cross. County Road #5 at Piceance Creek as well as 2 irrigation ditches and traverse irrigated agricultural fields adjacent to Piceance Creek. The crossing of Piceance Creek and the irrigated fields adjacent to the creek have the greatest potential for environmental and community impacts along the proposed alignment. _, Page 2 Sp. Use 94-15/Barrett June 7, 1994 At the Utility Corridor Committee meeting held in Meeker on May 31, 1994, the following conditions of approval were recommended: 1. Weeds be adequately controlled in all disturbed areas. 2. All land within the pipeline easement will be restored to its pre- construction or natural topography. 3. All disturbed areas or areas disturbed for maintenance within the pipeline easement will be re-vegetated to BLM or Soil Conservation Service criteria. Re-vegetation efforts should continue until determined successful by the BLM or Soil Conservation Service. 4. Topsoil will be segregated to insure its return to the top of the trench within all buried pipeline easements during construction or maintenance operations. 5. All stipulations as included in the certification as stated in the Special Use Permit application will be met. 6. Required permits be obtained from the Bureau of Land Management for the project. 7. A tracer line or location device be placed adjacent to or in the trench of all buried non-metallic pipelines to facilitate the location of the pipelines. 8. The pipeline shall be buried to a minimum depth of 48 inches within all road crossings, shoulders, or road right-of-ways and to a minimum depth of 36 inches in all other areas unless specifically waivered by Rio Blanco County. 9. All earth-moving equipment shall be washed before entering Rio Blanco County. All heavy equipment, including trucks and trailers, which have been off-road or otherwise have the potential to spread weed seeds, shall also be washed before entering Rio Blanco County. Equipment shall be washed after working in any identified noxious weed area during construction within the pipeline easement. 10. All new access roads which connect to County or State roads shall obtain the appropriate road access permits. 11. All pipeline crossings or infringements of County right-of-ways shall obtain the appropriate permits from Rio Blanco County. 12. Barrett Resources Corp. shall cooperate with other pipeline companies within the utility corridor to maintain a minimum of a 25 Page 3 Sp. Use 94-15/Barrett June 7, 1994 ft. separation between pipelines and to coordinate crossings and cathodic protection facilities where applicable. 13. Staging/storage areas shall be located at least 50 ft. from stream banks and wetlands and shall not be located in irrigated agricultural fields. 14. All construction and operation procedures identified in the submitted Special Use Permit application shall be strictly followed. 15. Barrett Resources Corporation shall be responsible for all sub- contractor activities and shall ensure that all sub-contractors follow all submitted and approved plans and conditions of approval. 16. All straw, hay, or mulch brought in off-site shall be certified noxious weed free. ... 1. Project Type: APPLICATION FOR SPECIAL USE Rio Blanco County, Colorado Natural gas collector pipeline and adjunct facilities. 2. Name of Applicant: Barren Resources Corporation 3. Address of Applicant: P.O. Box 370, Parachute, CO 81635 4. Phone Number: (303) 285-9377 5. Name, Address and Phone Number of Contact Person: Merle Evers, Operations Manager 1125 17th St., Suite 2400 Denver, CO 80202 (303) 297-3900 6. Description of Property for which Special Use is Requested: Legal Description Date: April 29, 1994 The pipeline will be constructed in the same corridor (estimated pipe-to-pipe distance of 25 feet) as the existing Northwest Pipeline Corporation 8-inch pipeline. The portions of the ROW in Rio Blanco County lie in: Township 2 South, Range 96 West, 6th P .M. Section 5: SW1/4SW1/4 Section 8: lot(s) 3, 4, 6, 10, 11 and 15, SEI/4NWI/4 Section 16: Nl/2SW!/4, SE1/4SW!/4 Section 17: Lot(s) 2, 7, 8 and 9 Section 20: SE1/4SE1/4 Section 21: NE1/4NW1/4, Sl/2NW!/4, Wl/2SW1/4 Section 29: El/2NE!/4, Wl/2SE!/4, SW!/4NE!/4, SE!/4SW!/4 Section 32: El/2NW!/4, SW!/4NW!/4, Nl/2SWl/4, S!/2SW!/4 Township 3 South, Range 96 West, 6th P.M. Section 5: Lot 3, SW1/4NE1/4, SEl/4NW1/4, SE1/4NE!/4, El/2SE!/4 Section 9: NW1/4NW1/4, Sl/2NWl/4, SEl/4NEl/4, NE1/4SWl/4, Wl/2SEl/4 Section 15: SW1/4SW1/4 1 Section 16: NWl/4NEl/4, ElflNEl/4, El/2SEl/4 Section 22: Wl/2Wl/2, SEl/4SWl/4 Section 27: El/2NWl/4, SWl/4NEl/4, Wl/2SEl/4 Section 34: Wl/2El/2 Township 4 South. Range 96 West, 6th P.M. Section 3: Wl/2El/4 Section 10: WlflNEl/4, Wl/2SEl/4, SEl/4SWl/4 Section 15: El/2NWl/4, SWl/4NEl/4, Nl/2SEl/4, SEl/4SE!/4 Common Description ROW runs south from CIG's Greasewood Compressor Station approximately a mile and a half then turns east and drops into Collins Gulch. It runs south down the bottom of Collins Gulch and crosses Piceance Creek immediately west of Oldland Ranch. It then runs about a mile southeast and drops into Stewart Gulch, following the bottom for about a mile and a quarter before climbing to the top of Barnes Ridge. It follows Barnes Ridge south to the Garfield County line. 7. Access to the Land Described: Existing roads provide access to most of the proposed ROW. Where such access is not possible, construction and maintenance access will be on the ROW. No new road construction is planned. Existing roads will be graded and maintained as needed. From Greasewood Compressor Station south to Piceance Creek, access will be from County Road 3, Collins Gulch to Greasewood Compressor Station. From Piceance Creek south to Davis Point, access will be from Stewart Gulch Road then Barnes Ridge Road. From Davis Point south to Barrett's Northwest Meter Station, access will be from County Road 215, Parachute Valley. More details regarding the use and maintenance of access roads is provided in section ILA.I-IO in the attached Preliminary Plan of Development (POD, Attachment 1) for the pipeline. 8. Surface Ownership of Affected Land: The total length of the pipeline ROW is 25.31 miles. Of this total, 9.87 miles are under BLM jurisdiction. The total in Rio Blanco County is 15.08 miles, of which 9.98 miles are on BLM land. Surface ownership is indicated on the attached map (Attachment 2). Grazing permittees on BLM land in Rio Blanco County are O!dland Brothers and Ira Johnson (joint permit) north of Piceance Creek, and Oldland Brothers south of the creek. Private ownership is broken down as follows: O!dland Brothers Oil Shale Corp. Uphoff Tosco Johnson 1.33 miles .89 miles .38 miles 2.23 miles .27 miles 2 9. Current Zoning: All of the area affected is zoned for agriculture. Standard Fonn 299 applications (number COC-56213 for a 30-year, renewable grant for a 30-foot ROW, and number COC-56213-01 for temporary use of an additional 40 feet of construction ROW and staging/lay-down areas) have been filed with the BLM, White River Resource Area. The route is within a utility corridor identified in the BLM's Piceance Basin Resource Management Plan. 10. Summary Description of the Special Use of the Property Under Consideration: The special use of the lands in question is construction, operation and maintenance of a 16-inch natural gas pipeline connecting Barrett's Northwest Meter Station in Parachute Valley to CIG's Greasewood Compressor Station in Piceance Basin. The pipeline will deliver 70 to 90 million cubic-feet of gas per day to CIG's transmission line. The pipeline will tie into Barrett's 150-mile gas gathering system which currently serves 200 wells in Parachute Valley area, providing increased access to interstate markets. The system has 3,500 H.P. compression. Producing wells have a life expectancy of 30 to 40 years. Current production matches or exceeds the capacity of area pipeline companies, creating a marketing bottleneck and limiting further well development The most active use of these lands would take place during the three-month construction period. Thereafter, only periodic maintenance--an extremely low-visibility, low-impact activity-will be necessary. Section I of the attached POD provides a more detailed description of the requested special use. Supporting Information 1. In addition to the pipeline itself, about 15 temporary staging and lay-down areas (wider portions of the construction ROW) will be established, and a permanent "pig receiver," volume tank, liquid storage tank and meter run will be constructed adjacent to CIG's compressor station. A processing plant will be built at the southern end of the pipeline in Parachute Valley, Garfield County. 2. The attached POD outlines the basic technologies to be employed during all phases of construction (section II.), rehabilitation (section ill.) and maintenance (section IV.). 3. The estimated project cost is $3.5 million, including labor, materials and equipment 4. Construction is planned to begin June 1, 1994, or as soon thereafter as possible. The estimated completion date is September 1, 1994. 5. The estimated number of employees during construction is 50. No additional employees are anticipated once the pipeline is operative. 3 6. The pipeline will be in service immediately after completion in September 1994. It will remain in service for an estimated 50 years. 7. There are no current plans for future additions or modifications. 8. No notable water use is anticipated. Most of the pipeline will be gas tested rather hydrostatically tested after construction. Hydrostatic testing may be employed where the line crosses under County Road 5 at Piceance Creek. The small amount of water required will be diverted temporarily from Piceance Creek. An overview of the hydrostatic testing process and the procedures and safeguards which will be employed is provided in section II.H. of the attached POD. Small quantities of water may also be applied to access roads or ROW under construction to minimize dust, as per the attached POD, sections II.A.IO and II.C.8. 9. With the exception of water use for hydrostatic testing and dust abatement as noted above, the only potential wastewater issue is trench water and its potential to impact water quality in live streams. Trench water will be managed to prevent such impacts by the construction practices outlined in section ILG of the attached POD. 10. Power requirements during construction will be met by temporary, on-site generating facilities. Power for compression once the pipeline is in operation will be provided by on-line, gas-fired compression units. 11. Gas production is expected to be maintained through development of new wells over the next decade. This will translate to maintenance of the initial rate of 70 to 90 million cubic feet of gas per day over the next 10 years. 12. Other than trench water, as noted in point 9 above, the only liquid waste produced will be the effluent in chemical toilets set up during construction. A local contractor will provide these facilities and dispose of effluent properly. The solid waste will generated will be the excess materials and trash associated with constJUction. This will be disposed of through provision and use of waste bins. As noted in section Ill.A 1-3 in the attached POD, cleared vegetation and rock will be broken down and scattered on the ROW, and foreign debris will be hauled to a sanitary landfill Hazardous materials will include fuel, lubricants and coating materials. As noted in section m.G .1, these materials will be dealt with in accordance with pertinent safety standards to assure that no risk to people or natural resources is created. 13. Easements will be required from most swface land owners along the ROW. The proponent is currently acquiring these easements. Copies of these easement agreements will be provided on request to the county once they have been completed. 14. The attached map (Attachment 2) indicates the topography, physical features, and existing roads and structures. Peninent sections of the SCS repon on the soils of Rio Blanco County, including maps and supponing text, are attached (Attachment 3). No known physical or geographical 4 hazards occur on the ROW; none were evidenced during or after construction of the Northwest pipeline in the same corridor. Current use of lands ttaversed by the ROW, in order of decreasing spatial magnitude, are actual or potential energy development (patented energy and mineral holdings), grazing and other multiple-use activities (BLM lands), ranching (private agricultural holdings), and industry (energy facilities near Greasewood Compressor Station). 15. The attached POD also 'outlines environmental considerations not mentioned above, including: cultural and paleontological resources (section III.G.2); threatened, endangered and sensitive species (section IJl.G.3); visual impacts (section III.G.5); livestock use (section ill.G.6); and abandonment (section V). CERTIF1CA TION I, as applicant for SPECIAL USE of the land described herein, cenify that I agree that additions and/or changes in the proposed land use will be submitted in advance of the action to the Rio Blanco Planning Commission and the Board of County Commissioners for approval, and finally, upon abandonment or completion of the Special Use of all land, the land will be cleared of debris, land scars erased, and all necessary action taken to restore the natural beauty, vegetation and slope aspect of the land. SIGNATURE: __ ·~z...,..~..._b""'6_,=,,'---""'Z':e...........,6"""J~-----'D=-ATE:lf-Z 9-1 cf REPRESENTING:.~~,~t2~a.........,~~ryr~ti:=·--'fG~d~A&<.-=.><~A~t<~~~1--'~~0-p~~,_._~~~~ 5 3032859573 BARRETT RESOURCES April 25, 1994 Oldand Ranches Attn: Jerry Oldand Dear Jerry: 952 P06 AOR 28 '94 13:52 We are putting to!lether applications for county special use permits required for the pipeline we are plannin!l from Parachute Creek to Greasewood. We need statements. from the l•ndwneril involved l'tl?ilflft'tl'1lng us to apply for these permits before right-of-way negotiations are finalized. With your signature, the statement below will allow us to get started with this permit process. We appreciate your help. S:;;;;:, ~R1r Mike Brady I authorize BARRETT RESOURCES CORPORATION to apply for Rio Blanco and/or Garfield county special use permits necessary to construct a natural gas collection pipeline crossin!l land owned by 0_bDLAND RANCHES. Signed: /~ A ~., Jltlo..,._d Date: ~~¥­ jerryo1dand 3032859573 BARRETT RESOURCES -·· ...... -.•. April 25, 1994 Piceance Creek Ranch Attn: Mr. Johnson Dear Mr. Johnson: 952 P05 APR 28 '94 13:52 We are putting together applications for county special use permits required for the pipeline we are planning from Parachute Creek to Greasewood. We need statements from the landowners involved authorizing us to apply for these pen.its before right-of-way negotiations are finalized. With your signature, the statement below will allow us to get started with this permit process. We appreciate your help. Si~,~~ Mike Brady I authorize BARRETT RESOUR.CIS CORPORATION to apply for Rio Blanco and/or Garfield County special. use permits necessary to construct a at ollect1on pipeline crossing land owned by PICE CRE RAN H. .. Si9ned: Mr. Date: t;uf'v? Jtf:/ ' BARRETT RESOURCES CORPORATION PARACHUTE VALLEY-GREASEWOOD COMPRESSOR STATION PIPELINE: PRELIMINARY PLAN OF DEVELOPMENT PREPARED FOR THE U.S. BUREAU OF LAND MANAGEMENT WHITE RIVER RESOURCE AREA PROJECT MANAGER: VAUGHN HACKETT I. Project Description A. Overview A 16-inch natural gas pipeline is proposed from CIG's Greasewood Compressor Station in Sec. 8, T2S, R96W, Rio Blanco County, Colorado, south to BARRE'IT's meter station in Sec. 36, TSS, R96W, Garfield County, Colorado, as per attached map and land schedule fonn. This pipeline is needed to deliver produced natural gas from BARREIT wells to markets, as the existing pipeline companies do not have capacity to transport the gas to interconnecting pipelines. Construction of the pipeline will begin as soon as necessary pennitting is obtained. B. Purpose and Need Existing pipelines are owned by Northwest Pipeline Corporation, with 16-17 million cubic feet of gas per day capacity, and by Questar, with a capacity of 16-20 million cubic feet of gas per day, with numerous days down to 5 million cubic feet of gas per day due to the line's minimum operating pressure of 780 pounds. Any gas developed and hooked into Williams pipeline has the same pressure restrictions due to their connection to Questar. BARRETT has 200,000 acres under lease in the Parachute, Rifle, and Debeque areas. BARRETT has 120 Mesa Verde and 80 Wasatch wells presently producing with the capability to produce 53 million cubic feet of gas per day as of January 1, 1994. BARRETT has future plans to continue with the present two rotary rigs drilling for the next ten years with a third rig as needed to develop these properties to the maximum. This plan should allow for gas deliveries to be increased to approximately 90 million cubic feet of gas per day. Due to the limitations now experienced on the existing systems plus the monetary demands for finn transportation and time restraints required by existing pipelines for upgrading their systems, it is imperative that BARRETT install and own a gathering line to allow uninterrupted gas sales. C. Right of Way (ROW) The pipeline will parallel the existing Northwest Pipeline Corporation line from Sec. 36, T5N, R96W, Garfield County, Colorado, to Sec. 8, T2N, 96W, Rio Blanco County, Colorado. This coincides with a utility corridor identified in the BLM's 1985 Piceance Basin Resource Management Plan. Approximately 9.87 miles of the right of way is on land administered by the BLM, the remaining 15.44 miles on private land. (See attached 1 land ownership schedule.) The permanent ROW is 30 feet wide, and the temporary-use ROW is an additional 40 feet wide. Minor deviations within the approved corridor may be required to avoid or minimize environmental impacts. D. Planned Construction The pipeline will be steel with an inside diameter of 15.750 inches. Pipe-to-pipe distance from the Northwest pipeline will be 25 feet. The line will be covered to a depth of at least three feet except at locations approved for above-ground installations by the Authorized Officer. Associated facilities will include a processing facility, meter station, pig catcher, volume tank and above-ground storage tank. Construction access will be via existing roads. E. Construction Schedule Construction will begin as soon as permitting is complete, hopefully in June 1994. It is anticipated that two crews will won:. simultaneously at different locations. Temporal avoidance of critical habitat areas may delay construction in some areas, as noted below. It is anticipated that the pipeline will be in seivice by early September 1994. IL Construction A. Access Roads I. BARREIT is proposing no new access-road construction. 2. Some existing roads may require repairs before use. Any road repair that cuts new ground will be subject to prior approval by the Authorized Officer. 3. BARREIT will coordinate use of public roads with appropriate agencies and permittees, and use of private roads with appropriate landowners. 4. · The access road system is identified on the attached ROW maps. 5. Any temporary access roads required will be permitted under a temporary use permit. 6. Where the pipeline intersects public roads, BARRE'IT will discourage vehicular traffic on the ROW in the manner prescribed by the Authorized Officer. 7. Public access will be maintained, and livestock control will be employed, during construction to limit impacts to current land use. 8. Fences encountered along the ROW will be adequately braced before cutting. Locking gates or appropriate fencing will be installed when construction has been completed. Fences, gates and cattle guards will be restored to pre-construction condition or replaced. 2 9. No construction or maintenance activities will be perfonned when the soil is too wet to adequately suppon equipment. If equipment creates ruts in excess of six inches deep, or as detennined by the Authorized Officer, operation of such equipment will cease. No blading of mud will occur on access roads. 10. Access roads will be watered as necessary to achieve acceptable dust abatement. B. Storage, Staging and Lay-down Areas 1. Approximately 15 areas will be required for: temporary storage of equipment, pipe and other materials; staging of construction operations; and lay-down of equipment adjacent to cut-and-fill areas (cliffs, steep slopes and washes), stream and highway crossings, and spanned washes, as approved by the Authorized Officer. These are marked on the attached maps, though final detennination of their number, location and dimensions have not yet been made. Such special-use areas on BLM-administered land and will be included in the temporary-use pennit. Staging and lay-down areas will average about 600 feet long and 150 feet wide and will be aligned with the construction ROW. 2. None of these storage/staging/lay-down areas will be located in environmentally sensitive sites. Little or no site disturbance will occur. Where the surface is disturbed, it will be reclaimed to the same standards as the ROW or to standards stipulated by the Authorized Officer. C. Pioneering and Blading 1. BARRETT will protect all recognizable public and private survey monuments found within the ROW. Disturbance or obliteration of any such monument will be reponed to the Authorized Officer and the respective installing authority if known. 2. BARRETT will mark the exterior boundaries of the ROW with stakes and/or lathe at 200-foot intervals. The interval may vary at the discretion of the Authorized Officer. The lathes will be flagged in a distinctive color. Survey station numbers will be marked on the boundary stakes/lathes at the entrance to and the exit from public land. Boundary stakes/lathes will remain in place until cleanup is complete and approved by the Authorized Officer. 3. BARRETT will stake slopes. and grades, staging and lay-down areas, culven locations, and other construction-control areas as deemed necessary by the Authorized Officer to ensure construction in accordance with the POD. If stakes are disturbed, they will be replaced before proceeding with construction. 4. The ROW will be cleared of above-ground vegetation and obstructions to allow safe and efficient equipment operations. Trees and brush will be cut and pushed to the edge of the ROW. A brush shredder may be used. Stumps and roots will be removed only when necessary to complete the trench. 3 5. Topsoil will be stripped to the following depths in these areas: a. 10 to 12 inches in Sec. 22, Sec. 27 and Sec. 34, T4S, R96W; b. Six to 10 inches along ridges in Sec. 15, T4S, R96W, and four to six inches where vegetation is present; c. Six to 10 inches along Barnes Ridge and Sec. 5, TIS, R96W; and d. Ten to 12 inches from Sec. 32, T2S, R96W to the compressor station, except for the steep slope in Sec. 16, T2S, R96W where four to six inches will be stripped where vegetation is present 6. Blading will occur only over the trench and on the spoil side of the trench unless necessary for safe operations on the working side of the trench. All topsoil will be bladed and stored separately at the outside of the spoil side of the trench. 7. On cut-and-fill slopes, topsoil will be stripped from the entire width of the cut- and-fill area and stockpiled at the top of the slope. 8. Watering or other dust-abatement practices mandated by the Authorized Officer will be employed during this and all other phases of construction in the interest of maintaining air quality. D. Trenching 1. The width and depth of the trench for the 16-inch pipeline will vary according to the soil type and the minimum coverage requirement. Typical trench depths will vary from 60 to 72 inches. Widths will vary from 48 to 60 inches. 2. Self-propelled trenching equipment and track hoes will be used for most excavation. In rocky soils, tractor-mounted rippers may be employed. Trenching in rock may require blasting. 3. Subsoil removed from the trench will be stockpiled in a bank on the spoil side of the trench, between the trench and the topsoil bank created during blading. The two banks will not be mixed. Banks will be broken at regular intervals to prevent backup of storm water. 4. Permits required for blasting in accordance with local, state and federal ordinances will be secured before any such work occurs. Any blasting will adhere to all manufacturer's safety prescriptions and industry practices. 5. In trenches through rock, the pipeline will be padded with sand or subsoil, not with topsoil. If padding material from off the ROW is required, the necessary permits will be obtained and stipulated procedures followed. 4 6. Crossing County Roads 5 and 3, adjacent to Piceance Creek and in Collins Gulch, respectively, may be accomplished by boring under the roadway or trenching across it. Required county and state permits will be acquired before such wodc begins. E. Pipe Strtnging and Installation 1. The required pipe, fittings and valves will be spread along the ROW either before or after trenching. 2. A petroleum-based product will be used to coat the pipe to reduce corrosion, then the pipe will be taped to protect it from abrasion, shock and corrosion. Standard cathodic and anodic corrosion-protection facilities will be installed following installation. 3. At stream crossings, the coatings described above will be replaced with a one- pan, heat-curable epoxy to protect the pipe under wetter conditions. 4. Following welding of the pipeline, a third-party contractor will conduct standard radiographic examination of the welds. Defects will be replaced or repaired as per American Petroleum Institute Standard 1104. F. Backfilling 1. Trench breakers will be installed as directed by the Authorized Officer to prevent the flow of liquids along the trench. 2. Back-filling will proceed by first pulling the subsoil bank back into the trench, then respreading the topsoil bank over the bladed area. Back-filling will done to prevent settling which would result in a depression over the trench. 3. In areas where the pipeline crosses or is tangent to roadways, it will be covered to a depth of at least three feet in rocky areas, four feet in alluvial areas. G. Construction at Streams and Wetlands 1. Single crossings of two live streams, Parachute and Piceance Creeks, will be required. Two irrigation ditches adjacent to Piceance Creek will be crossed. It is anticipated that some wetlands are associated with these water bodies, and that additional small seeps and springs may be encountered along the ROW. 2. Stream and wetland crossings will be conducted in accordance with relevant local, state and federal regulations as identified by the Authorized Officer. A U.S. Army Corps of Engineers Nationwide General Permit No. 12 is anticipated. Practices to reduce impacts to water quality, channel stability, and wetland and aquatic resources and habitats will include but not be limited to: 5 a. Completing stream crossings as quickly as possible, at times determined by the Authorized Officer to be consistent with protection of threatened and endangered species. b. Reducing the size of staging/lay-down areas for stream crossings to the minimum possible and keeping them at least 50 feet from stream banks. c. Keeping staging/lay-down areas out of wetlands to the degree possible. d. Completing stream-crossing approach preparation from the upland side, using a backhoe. e. Testing welded-up pipe radiographically before laying it in stream- channel trenches. f. Using safe and effective corrosion-reducing pipeline coatings at stream crossings (see II.E.3 above). g. Stockpiling stream spoil to prevent runoff into stream (in an adjacent upland area excavated to form a temporary containment basin or surrounded by staked straw bales and silt fencing). h. Covering the pipeline a minimum of four feet deep in stream channels. i. Restoring stream channels to original contours. j. Removing excess dredged material to a non-wetland site. k. Installing trench breakers in sloping approaches to stream crossings. !. Not storing toxic materials, coating pipe, or fueling equipment within 100 feet of streams. m. Notifying appropriate authorities of crossing date at least one week in advance. n. Crossing streams perpendicularly to the degree feasible from an engineering and construction perspective. o. Limiting in-stream equipment to that necessary to complete construction. p. Maintaining flow rates at all times. q. Use of trench plugs to prevent diversion of streamflow into trench. r. Revegetating riparian areas immediately after crossing, according to stipulations of the Authorized Officer. 6 s. Awning irrigation ditches and minor streams and using "dry ditch" techniques to install pipe. This may apply to either Parachute or Piceance Creek during low water. t. Avoiding springs and seeps as practicable in the interests of wildlife and livestock. Where avoidance is not practicable, the ROW will pass below them, and the lower edges may be diked to hold water in. u. Segregating wetland topsoiVsubsoil and upland topsoiVsubsoil. v. Restricting blading on wetlands to the width of the trench. w. Operating equipment on mats if tracks sink more than six inches into wetland soils. H. Hydrostatic Testing I. After back-filling, hydrostatic or gas testing of the pipeline will take place in accordance with U.S. Dept. of Transportation regulations (CFR Part 192). A third-party contractor will accomplish this task. 2. The source of any water used and the point of discharge will be identified pending approval of the Authorized Officer. 3. Any necessary water withdrawal and discharge permits will be secured prior to commencing testing. 4. All appropriate agencies will be notified at least 48 hours before testing occurs. 5. Adequate flow rates in the source stream will be maintained to protect aquatic life and provide for existing down-stream uses. 6. The water intake will be screened to prevent entrapment of fish. 7. Discharge will be regulated to prevent erosion, stream-bottom scouring, suspension of sediments or excessive stream flow. 8. Prior to any discharge, hydrostatic testing water will be tested and processed, if necessary, to assure that it meets local, state and federal water-quality standards. III. Rehabilitation A. Cleanup I. All foreign debris will be removed from the ROW and disposed of at a sanitary landfill. 7 2. Trees and brush will be scattered on the ROW after recontouring, ripping and reseeding are complete. 3. Drainages will be cleared of debris and restored to original grade. B. Recontouring l. The ROW will be restored to as close to its original contour as possible. 2. Where original contours would pose a threat of mass failure (on steep cut-and-fill slopes) grades may, with the approval of the Authorized Officer, be reduced from the original to reduce such hazard. c. Ripping 1. Compaeted soils on the working side of the ROW will be ripped to a minimum depth of eight inches prior to seeding. 2. Wetland areas will not be ripped. D. Erosion Control 1. Water bars and terraces will be used to control erosion. 2. Some latitude will be involved in the spacing of these erosion-control structures, according to erodability of soils and topography. Waterbars will generally be placed on slopes greater than five percent, at intervals not greater than 85 feet 3. Waterbars will be constructed with a channel grade not exceeding two percent, beginning in vegetation on the uphill side and feathering into vegetation on the downhill side. 4. The Authorized Officer may stipulate that terraces be constructed on steeper slopes. 5. Following construction, access roads will be stabilized subject to the approval of the Authorized Officer. 6. Erosion-control structures will be inspected and approved by the Authorized Officer. E. Revegetation l. BARRE'IT will seed all disturbed areas, including the ROW and storage, staging and lay-down areas, with seed mixtures approved by the Authorized Officer. 2. Ninety percent pure live seed will be used. 8 3. Seeding will take place during September or October, prior to spreading on slash on ROW. 4. The Authorized Officer will be notified not less than two weeks before the seeding effort begins so that arrangements can be made for inspection of the operation. 5. Seed will be drilled where possible at rates established by the Authorized Officer. Where drilling is impossible, seed will be broadcast at twice the drilled rate and covered by dragging or raking. 6. Seeding will be repeated until a satisfactory stand, as determined by the Authorized Officer, is obtained. Preliminary evaluation of the stand will be made before the end of the first complete growing season following seeding. Final evaluation will not occur before the end of the second full growing season. 7. Stream crossings will be revegetated with a combination of seed and live plantings to approximate original vegetation. The species mix and vegetation practices will be approved by the Authorized Officer. F. Marking ROW 1. Markers showing the location of the pipeline, identifying the owner, and conveying emergency information in compliance with applicable regulations will be posted at all fence, utility and transportation crossings. G. Special Considerations 1. Safety a. The facility design, installation, operation and maintenance of the pipeline are all directed at providing the optimum public protection and avoiding undue hazard exposure. At a minimum, all activities and facilities will comply with Federal Pipeline Safety Standards (49 CFR Part 192). b. Once a pipeline is in service, there is potential for pipeline breaks resulting from slope instability, seismic activity or third-party encroachment To counteract the first two problems, potential slope instability areas will be trenched with caution to avoid landslides or slope failure. To counteract the third problem, the pipeline will be clearly marked along its entire course. c. The most significant hazard commonly associated with gas pipelines and adjunct facilities is the potential for leakage and fire. This hazard is substantially mitigated by the fact that released natural gas quickly dissipates into the air and is insoluble in water. Natural gas will not collect in low-lying areas or form an explosive vapor cloud. If ignition 9 of escaping natural gas were to occur, the fire would be limited to the immediate area of the failure point d. BARRE'IT will locate, handle and store hazardous materials, fuels, lubricants, nontoxic liquids and trash in a manner to keep them from contaminating soils and water. e. BARRE'IT will comply with the Toxic Substances Control Act of 1976, as amended (15 USC 2601 et seq.). Any release of toxic substances in excess of the reportable quantity established by 40 CFR Part 117 will be reponed as required by the Comprehensive Safety and Liability Act, Section 102b. f. Access and vehicular traffic will be regulated to assure public safety during construction. g. A local contractor will provide and maintain chemical toilets for the use of construction personnel. 2. Cultural and Paleontological Resources a. Discovery of any historic or prehistoric cultural or paleontological artifacts or sites will be reponed immediately to the Authorized Officer. Construction at such sites will cease until permission to proceed is issued by the Authorized Officer. b. BARRE'IT will be responsible for the costs of evaluating and mitigating impacts to any cultural or paleontological site. 3. Threatened, Endangered and Sensitive Species a. Preliminary investigation indicates that construction could impact deer and elk severe-winter range, sage grouse strutting and nesting grounds, golden eagle nest sites, and potential habitat of two federally listed plant species, Physaria obcordata and Lesquerella congesta. b. Construction will not take place in areas identified as buffer zones for critical deer and elk winter range between December 1 and March 31 without the approval of the Authorized Officer. c. Construction will not take place in areas identified as buffer zones for sage grouse leks (currently thought to be Sl/2 Sl/2, S3, T4S, R96W) between March 1 and May 15 without the approval of the Authorized Officer. d. Construction will not take place in areas identified as buffer zones for sage grouse nesting sites (currently thought to be S34, T3S, R96W and 10 S3, T4S, R96W) between March 1 and May 15 without the approval of the Authorized Officer. e. The historical golden eagle nest sites (Sec. 9, and SEl/4 SEl/4, Sec. 5, TIS, R96W) will be monitored for activity. Construction will not take place within one mile line-of-sight, or .5 mile if out of sight, of any active nest until the young have been fledged and left the nest, probably before July 31. f. If individuals or populations or Physaria obcordata or· Lesquere/la congesta, or any other federally listed plant species, are encountered in the ROW or other areas to be disturbed, the Authorized Officer will be notified and appropriate action will be taken to protect them. 4. Noxious Weeds a. BARRETT will comply with applicable county, state and federal regulations and procedures to assure that no noxious weeds are introduced to the area as a result of any aspect of pipeline construction or operation. Consultation with appropriate authorities will indicate these regulations and procedures. b. BARRETT will be responsible for weed control on the ROW and other disturbed areas, and for any infestations occurring as a result of construction or operation. A preconstruction weed inventory will be conducted by BARRETT to document initial weed populations. c. All construction equipment used in Garfield County will be high pressure washed and brought to the ROW via the Piceance Creek road (County Road 5) before commencing work in Rio Blanco County. d. Consultation with local authorities and the Authorized Officer will determine species of concern and weed-control practices. 5. Visual Impacts a. Any above-ground facilities associated with this project and any spanned washes where the pipeline is exposed will be painted juniper green or another color approved by the Authorized Officer. b. The rehabilitation procedures outlined above will reduce visual impact of the ROW to acceptable levels. 6. Livestock Use a. Functional use of all livestock facilities and grazing areas will be maintained throughout the construction and operation phases. 11 IV. Maintenance b. At the direction of the Authorized Officer, cattleguards will be installed by B ARREIT where roads used for extended periods during construction or for postconstruction maintenance cross fence lines. A. Recurring maintenance activities include periodic patrols of the ROW to identify any pipeline or ROW anomalies. Such patrols may be on the surface or from the air, and will occur at least once a month. B. After construction BARRETT will not use the ROW as a road except for inspection and maintenance purposes. C. Any anomalies encountered (subsidence, encroachment, significant erosion or leakage) will be reported immediately and in writing. This will initiate follow-up, including assessment of the anomaly, repair or other disposition, and approval by the Authorized Officer. D. The revegetation and weed-control practices noted above will be part of maintenance for at least the first two years after construction. V. Abandonment A. Prior to termination of the ROW Grant, BARRETT will contact the Authorized Officer to arrange a predetermination conference to review the termination provisions of the grant and develop an approach to abandonment. 12