Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink About1.0 Application>- GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) Street Address I General Location of Property: A natural gas pipeline running generally east/west a few miles south of I-70 near the Town of Parachute. ? Legal Description: T7S, R95W: Sections 10, 11, 14, 15, 16, 20, 21, 29, 30. and T7S, R96W: Section 36 );> Existing Use & Size of Property in acres: a22roximately 35 acres );> Description of Special Use Requested: a low pressure 8" natural gas pipeline, and other necessar~ aEEUrtenances. J.> Zone District: );> Name of ProQe!!Y Owner {AQQiicant): Canyon Gas Resources, Inc. C/0 Brian Peter >-Address: 7400 E. Orchard Rd. Suite 270 Telephone: 303-222-6204 >-City: Englewood State: co Zip Code: 80 111 FAX: 222 6206 ? Name of Owner's ReQresentative, if any (Attorney, Planner, etc): Trigon-Sheehan, LLC. C/0 Rob Thompson (970-946-2495) >-Address: 126 Rock Point Drive, Suite B Telephone: 970-385-9100 >-City: Durango State: co Zip Code: 81301 FAX: 385-9107 STAFF USE ONLY ? Doc. NO.: ______ Date Submitted: ____ TC Date: ______ _ >-Planner: Hearing Date: ----------- CANYON GAS RESOURCES, INC. SOUTH PARACHUTE PIPELINE PROJECT T7S, R96W QUARTER SECTION SURFACE OWNER MINERAL OWNER SECTION 36 E2NW4, S2NE4 TBI PRODUCTION TBI PRODUCTION T7S, R95W SECTION 31 N2NW4, NW4NE4 BLM USA SECTION 30 SE4 BLM USA SECTION 29 NW4SW4, W2NW4 BLM USA SECTION 20 N2SW4, SW4SW4, E2NE4 PAYTON SMITH ETAL SECTION 20 SE4NW4, SW4NE4 GARDNER SMITH ETAL SECTION 17 SE4SE4 BATTLEMENT SMITH ETAL MESA PARTNERS SECTION 16 SW4SW4 BATTLEMENT SMITH ETAL MESA PARTNERS SECTION 16 SE4SW4, S2SE4, NE4SE4 BLM USA SECTION 15 NW4SW4, SW4NW4 BLM USA SECTION 15 NE4, SE4NW4 CLEM CLEM SECTION 14 NW4 BLM USA I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope I topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 (Supplementary Regulations]. This may include uses such industrial uses (section 5.03.07 & 5.03.08]. Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-county.com/buildinq and planning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. ) ) c. The site shall be posted s uch that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice , and ensure that it remains posted until and during the date of the hearing. 4 . The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition , the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board . Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct a d accurate to the best of my knowledge. nd- (Signature of applica /owner) Its 11 G5rJT Pb ~ C/rN'tOI.J 6rl-"5 ~ESOU/Cc~S (f.JC . I ~DLIFE AND HABITAT MITIGATION PLAN for CANYON GAS, INC. GARFIELD COUNTY, COLORADO Prepared for: John Obourn 2773 W. Long Drive #B Littleton, Colorado 80120 Prepared by: Steve D. DaluDer NatureTech Consultant Services Corp. PO Box 2736 Grand Junction, Colorado 81502 Reviewed by: Michael J . Villa NatureTech Consultant Services Corp. PO Box 2736 Grand Junction, Colorado 81502 July 2002 ) Jti!ttn GAS RE SOU R CES, INC . Garfield County Building and Planning Department Attn: Tamara Pregl 108 81h Street, Suite 201 Glenwood Springs, CO 81601 Date: August 18, 2003 RE: South Parachute Pipeline-Special Use Permit Dear Ms. Pregl: Canyon Gas Resources (CGR) hereby grants authority to Trigon-Sheehan, LLC (Trigon) to process the Special Use Permit for CGR's South Parachute Pipeline project. Trigon will be acting as agent for CGR on this project. If you have any questions or concerns related to this issue , please contact me at 303-222-6204 or 720-560-2968. Regards , C)_Q ~~~f7\5 Brian J . Peters Operations & Engineering Manager Cc : Richard Colem an -Trigo n Rob Th omp so n -Trigon Canyon Gas Resources, Inc. 7400 E. Orc hard Rd ; Suite 290 ; Engl ewood , CO 80111 303-220-62 04; Fax: 303-222-62 06 R ECEIVED AU G 2 2 200 3 GARF IELD CO UN TY BUILD IN G & PLANNING TABLE OF CONTENTS Section 1. 0 Introduction 2.0 Proposed Action 3.0 Purpose of Mitigation 4.0 Existing Site Description and Expected Disturbance Issues 5.0 Mitigation Specifications LIST OF FIGURES Figure 1 -General Location of Project Site and Surveyed Areas 2-Topographical Map of Specific Surveyed Areas-North and South Tracts 3-Topographical Map of Specific Surveyed Areas-East Tract 1.0 INTRODUCTION NarureTech Consultant Services Corp. ("NatureTech") was retained to formulate a wildlife impact mitigation plan for a proposed natural gas pipeline route which will cross three segments ofBLM land in Garfield County. Much of the proposed pipeline will follow existing pipeline right-of-ways ("RO\V") and other portions will follow power transmission line ROWs. The new pipeline surface impacts would essentially fall within the existing ROW s crossing the BLM land segments. However, since much of the existing routes show little sign of reclamation attempts in the past, further disturbance will most certainly worsen existing impacts, particularly with regard noxious weed invasion , soil erosion and the appurtenant impacts to big game winter range and other wildlife habitats . 2.0 PROPOSED ACTION Canyon Gas, Inc. proposes to install a natural gas pipeline parallel to an existing pipeline in Garfield County, Colorado. The pipeline route will cross portions of Sections 10, 11, 12, 14, 15, · 16, 20, 21, 29, 30 and 31 in Township 6 South, Range 95 West (Figur~ 1). Only three segments of this pipeline cross BLM property (Section 9, 12, 16, 21, 29, 30 and 31 ). The pipeline itself would consist of an 8-inch diameter, low-pressure line (300-400 psi) within essentially the same ROWs occupied by the existing pipeline and power transmission lines (Figure 2 & 3). No more than a 50-foot width of vegetation will be disturbed on the ROW during construction. An adequate road system already exists to access the sites and the pipeline ROW has a 4WD accessible road in most of the ROW on top of the buried line. Elevations on the site range from 5440-6600 feet, across a wide range of habitat types, slopes and exposures. The proposed development will effect existing vegetation, habitat components and wildlife use of the area. Nature Tech was retained to complete the mitigation planning to resolve these impact issues. This report addresses direct and indirect potential impacts to wildlife and their habitat, including soils and vegetation . 3.0 PURPOSE OF MITIGATION The proposed action could potentially disturb approximately 21 acres of BLM land if the full 50- foot width of the ROW on the BLM segments were disturbed during construction. hnpacts to wildlife and habitat from this construction can be direct or indirect. Direct impacts refer to tangible, on-site impacts such as disturbance to plants, soil, animals themselves and other physical habitat attributes. Indirect effects include transient impacts to surrounding resources, users or intangible values or attributes. Examples of indirect effects might include things such as visual impacts, socio-economic impacts to surrounding communities, wildlife travel corridors and seasonal use patterns . Cumulative impacts are the result of continual human activities throughout an area. As habitat is affected by development activities and human presence in various forms, wildlife are forced into using smaller areas or areas of lower habitat quality. Wildlife may have to adapt to the human disturbance by changing behavior, use patterns, or abandon an area if they are disturbed too frequently and at greater intensities. The end result is a greater energy expense and stress to individual animals, movement of animals and higher population pressures on a smaller land area and a cumulative negative impact to the wildlife species as a whole . Continuing development and increased pressure can ultimately cause population declines as well as negatively impact ecosystem communities on the whole . ' ·, --· ~ ~--' ~· . ·-... ~ .. II I ·-P ' -' .' ~ .. ·-\-..... - --. ~ ·-1 'i: ''1 ~ \ < ?!i \ \ \_ <. 1 \ I ~-,:.. ·--t. -"~ ~.\ (JI"' .. ···l~ .. ..,.._ ..... ------· \ ' ' ~0 ·' ~ .J I f->v , G ~~ (f~ • \ ----.--. \\ ' \ Ory g..;- :.-~"::.':~ - I ·, (", I,, ·' Jac~ts , Poc:k<!t _., I ·o ·., ... ,\ . . ~, \\ -. ·\ '' ', C··· . "-,. .. L't, ....... ~ \ \ ~.,¢·-\ '·I '• ·r:.tzJ '. I ·:· w---~ ~ ' . ! \ b \r • Hdlr'll!. Mesa~ , I "J __ ~ 'I ' ' 10 () " i \\ '. / I ;10 I .. . .. II.·. -~ . ... : ....... ....., \ ·-~ "" 11_' ;L, .. -;':> ~ Jb j_-,_~~ .. ~-/ ~ '1 . •• I -"' " .J~ -.:;. r;; \~ I ... · ""'' ,. ,6 ... ·"'S( ,~ 4 ,, --,7 ,j General Location Map for CWlyon Gas Pipeline ROW Nature Tech Consullant Services Corp. POBox 2736 Grand Junction. CO 81502 Phone: (970) 876.0661 Fax: (970) 876-0662 Bureau of Land Management Pipeline ROW Area Map File Nome: 02-535 'Job No: 535 Drawn by. SOD I Ap<vd by. IIJVOot" ,lJL -02 mK~.l ./· . _-"-.-:.--: .. ._,..\W\ _ lj/ ',-\: , It~} . ~-,./ ·.' .-. )\,1 \· .,,. .,.. I• J:/1 I . "'!I• . I .. .-... ~·, '/·• "--·-. '·\ ; ·. -·/ v .. l,-·-.;· -.. V,:--'1 ..-.. ::~•-< ·· ... 1 (_,:/. __ • /(f! .... [~Y; '.>.'} -"1 .. '• I w:· ., ;-,'; .. ; .. --.. :i-. ----·~_, •. ,_.,,· ~ I .. -.''/.--·· ft..,·-::' ..... -.,, / . •,,' ; • t ,c,o../ ' . ,;. I . ·/o.:o:;v .· 5 q .;."',.,. .. r I . I 1 1/-.. .:...-_;( ~~ ~ •• > >'"1 > r, '\ ' ': ·r y i __ :::_ -,':'/f:_: 'J· i JY:K;: :'~;(~ .. , ..... ~ .,.__ " ·: . ./ r. ~... .. .. _,···.. . ... r l ;Itt;-:~--~..... ~ ·---~ .. .~: .>... ·,( -·· --·· •••• -f / .·,)-·~ •: •. /. [(\.~~··; •'>' .,. • t. i , ·, I,'. ~ . / ·-~. •._. <~i'lt. / !. ~~~/·~·-·-i--.. ~~· {;)'(?· -· (-· .. ~ .... ; "'"· r' ,.. I -': .. ' ; ---~~ .. (~ ·~'" ~ ·-:fr·· 1 ·1~ .. ---,, r :.r·'-· -· -!\._ .. ~(.' • • \ I ~-• •' • r-./ "( . I ' '· I ·.· .fi.. ,.. -~·' 0 , _.ao.,,. . ", ,. .J-•'\!' , i.-• •· I ~ ' . : .r· ' ,•'o. • I . ;'• . \.· I ·" ----. .....,..-... ! -~~-...... ; .. , , ..... ~ .-'/ _,. /~ ' -' " J<• '• I J'.;, /• ... -·-.:·---t'•·."7·.L_'·$;i.Jt/--.;., ·. ·· ,/ ·•· .· ,·· -· ~ •.. ;/~ v·J, ', (,' '• --f-./ 1·.-~,\':'··/ .· . -. v. :~ ·~ N.;/:. I' : . ; "'!.---=. ,,~--.. , .. , -, ____ -·~ \"~c r A::~~:) if:~-:Y~::~: .:.>.,·£!< :w~ ,• i -. /~----. _;j~·i~:,.~:"<.' i / . · .. ,,jf'"f-.(f_ -! .. \~-'/ <c.·-+ -/-__ / . ::.;.-/~!'l~~/~) I ;· \ :. _.,.~~.,~-:~ .. ::"' 'f:;-·;: --)}~:~< --~! ;-· /"' --·--_. --... ~-. ; __ ,}://;,... , ~~ L :_ '/ ... ---~ ---:.'br . ---y1~--.~· ...... ...:. -.:;···· /~ J--..-..--, ... :-· ·j;,· , I . ~ ..... ..oc .. ; . --r-..... ----~-_,: ::-; II 11 }) '• ,/ t." /" • ,. \ \!·,, / , ,: ·,,,,, :::~~ h~-...::_: • .-. \, ,• '. "'-./"V1 _ . _ .. ~---'·/-->~>·~·:r<~~---l---. -_··.,-~~ __ ·;;. : __ _._:_~~~o::--~·-.·-+_~:-~:':~~:=~--~~i~.-, ~:-· -,-,·: .. · ·: !"-< ~:,r..1 , 1 r, ,. y··..:.;.A.! .. -·~--~ -~-·,-:-· ._ 7: .. · -_ ---/-. -.: . ·.-' --. 1 ,• 1 i-_ _.. .------- -. -,>" ··-"· -_;. ~~'-'::.----"· .' ._--. . · I :~ · ·. -. • . -. '--;.~ ~ .--:..~ -i • ,:. -·.; ·-___ , ___ . -"[-----,--../-------/·o· .--.--.-... -t -J-. . ""----•.• ll. ,I'.,.-_.:-~.----:-..--------.,--.• -. . .,, .. ; . ' • • . ·' ·' . ' . ·-• --;L-' . • ' . > -., -.-,·:: <·/·0..-· -< BLM ~-o--y.np 9.---. .-~--~-.-r_,~ .. _ .. -_t; · .,, 1 • \ \-~.-,.._.-:-__ .. _. 1 , ---:: ._, :-;·,!"~·,-, , ·-:>f--..;~··\ /_f(.,~T•O_-,.'.--· ·,-.,·'-",. • ._ _ · "'., ," .• i•' -·, ·~'t<' •'·•.! :-'-.'.· , ·:-· ·''. · .. · . .' '•··;., ~.:' ;.---t,~~· -, -· :-.. !.-----=-~::.::-~:-; <---: \ -,;::. ..r.:r:.:. .. -.. 0 -.-,. -tv-··.·--.:' .;_: ____ ;:-,-;;J>-->---_~-::\ -.. : ... --. , .. ! .--. -., • ------~ .... ' -· •M•"'' • . -• I -~"" -.-. / -' ' • -·<:,.1---: .. :·<.:..!/.~:-J-_ -.,.-·-·-.~--~---"/,·.·-_· ·_: .' .' 1 •• \'1 :'t"· .·-..l/·--' ·-\r" l·~··~,..·,..-.·;tfl!~ -''/;.-' ' .. '" '/.. _-, " I ( '•. • .. . · _..--'. .-· , ' . •. o • : • ' . _ • .• I • ·, .• . ' ... . -,;~----:··)/' ---------------.. , . -~ ' I'''--.., .-VJ;f... ." .. ,.,,. ~-~: ~--~ -~_;;.k~~<~:!. '.i _;,.. -___ ·-l-~i;~2~' . . . >----~;.::::.:::.·: ;:-~~~:~_:_~ :-:-:.~: '. t ii;~~;'' ';·I_.;.·-; ----: : :,:;..:.;_;;.--: ~:: -~) j . ;' ~/· -· .: -:. : _-,, :.::·;~~-. -.--:· -=P'~:-=:;_.J" ·:--:_~~~.: :·.-.:::.-: -~ :~ _·_:~·-:>-;>-::.~,;,;_:.-: -: . ·.:· ! : ?6L.'M ,_:·1-'oov· .Tmroot _ -.,\;·' <.·--. >:: · ·';,/.'.i' ,:_:ibo-, J-11'":. __ ,_ .·.· ·· .. -.· ,-·--__ , .. ,_· , -. ':--..;_ --. ';.· .[.1:i,J1 '•; ,I . • ,_,· • _...--._.h_ '. 1\ .. , ,1, :/ .. //"" . : --.:.:;_~~-.:·:--. ·v.:" .. -.~--,·_., . / : ', .,-. ; -::_ ---~-_ _--· . . . -. ·. . :-\.' '< . , (/ ~ "'\I'·)· -." ~---.--" I -.\ 'i· , . i ·---r,·-.. "-'-~·ft.-.-.. .--· / •. -.,..j. ~~-.----:-·.-_ --___ ,_. __ t,· .. ; .. ," .. __ :-· __ _._ / -_-.. _____ , "'-' jf. :~~-~r: .. ,··:-:-:.::.:. -~ ~:;.:-;;:~:/--:.-: ·--~----_j-;::::._;--=~---___ .:_ .. _ .\ ·--;_,) ·~-r. :~,~-. -. r ·.-, ... --:··-.. _ \.,.1 (\\ · ... -_. --.:'-:I-· . "-;'-<"~/ .;·-~.:..:.lf~-~~w.~' \_, _ _;,_:.: --;.f: . . \' ... -Y': I '· .,,.,\~-! I; (<-"J!. ·:'<<-\;' ''i-_·: I·~ :: i . /, :',·-:-::·-'-.~---_.-_..:·:'/.: .. _·=-;..,:1 ... ::-·-·-.. --i •• ,·_-; .. ,,-_ _,__"'C-~'-----·-'., '·:-··-1· •. • : ~···· '.\ .•:• .. --·~ .. :\-.''.,_ •• : ·,·.,...s;--_· .-. ~_._ v--,2 -:::...-'jj .. \:· .. ,---::-.-----;.;<'.:c.c-.""'. =-:-,, -··., ·-:--! ,_ . \-· 'tlr: I,•, .. /'-\·I--;JF·--~~->~-·:.:_:"~·-y;::(-~-J=-·.~_:::~!): ~; ;~~:;;;;p ·,_;V."''_-",,·~-.:_ -''-· :\ , _·,.l_i .. ·,:-' :• ' ; '" f, • ' ,I' • • _ • ...... ~ --.::.anyon uas Pipeline-I:ILM Impacts on Section 9 and 12--East Tract Bureau of Land Management Section 12 and 9 Pipeline ROW Impacts Ale Nome: 02-535 'Job No: 5.J5 Drawn by: SilO jApryd by: WJVO.to: JJL -02 tGa~3 ) In this instance, impacts to wildlife will vary depending upon well density and locations, road density, locations and ongoing human activity associated with maintenance of the well pads and pipelines. Short term impacts will vary depending on timing of drilling activities and pipeline construction operations. Following the mitigation measures contained in th is report will reduce potential impacts. Of greatest concern to big game are potential impacts to mule deer and elk wintering areas. A significant portion of the pipeline ROW falls within one or more winter range categories as mapped by the CDO\V . The juxtaposition of Pinyon-Juniper and Mountain shrub s/grass along the area provides good forage and cover during the winter months . Elk also use this area for cover moving into the open areas and meadows to forage. Other wildlife such as upland game birds, neotropical migrants, raptors, amphibians and reptiles all could potentially be affected by this project. The potential for and degree of impact wHl vary based upon habitat types and species in question . The greatest risk to the greatest number of species would accrue from impacts to limited riparian areas, where both the density and diversity of wildlife is greatest. In addition, species that spend most of their time in other habitat types may still rely on riparian areas for their primary source of water and in some cases, cover. Current plans call for minimizing impacts to habitat and associated wildlife to the greatest degree possible . By using existing roads and pipeline ROWs, Canyon has taken a significant proactive step towards minimizing wildlife and habitat impacts. The purpose of this mitigation plan is to avoid and minimize anticipated impacts whenever possible and to provide a method by which the unavoidable impacts of the project can be repaired after construction is complete. 4.0 EXISTING SITE DESCRIPTION AND EXPECTED DISTURBANCE ISSUES There are three segments ofBLM land affected by this project. While all three areas share a number of physical and biological attributes, each site contains a number of unique features and each is utilized by various wildlife species in a variety of ways. In order to adequately address mitigation measures on each, it is necessary to supply a brief description of each segment. For the purposes of this discussion, the three segments shall be labeled by their relative location. The first is the East Tract, which is comprised of three tiny segments ofBLM land in Section 9, 12 and 14. The second is the North Tract, which crosses approximately 1.3 miles in Sections 16 and 21. Finally, the South Tract crosses approximately 2.2 miles ofBLM land in Sections 29, 30 and 31. East Tract Slopes and Aspects: Most of the East Tract is characterized by slight to moderate slopes, primarily on a north exposure. Vegetation: The East Tract contains primarily dry uplands including sagebrush (Artemisia tridentata), oakbrush (Quercus gambellii), serviceberry (Amelanchier a/nifolia) and pinyon-juniper habitat types. Understory plants include fringed sage (Artemisiafrigida), desert phlox (Phlox spp.), Indian ricegrass (Oryzopsis hym e noides), mountain muhly (Muh/enb ergia montana), Junegrass (Koelaria pyramidata), barrel cactus (Opuntia spp.) and paintbrush (Castillej a spp.). A few ) scattered Douglas fir (Pseudotsuga menziesii) are also present on the site. Outside the ROW on undisturbed areas , large shrub species such as serviceberry are mature and stand 8-12 feet tall . The juniper component is varied with many new seedlings established as well as some stands of large. mature trees, particularly on the western side of Section 12. The ROW has more sparse vegetation and shorter shrubs due to previous pipeline construction and maintenance activities. Plant cover, health and vigor are all generally good in the surveyed area. Evidence of previous human activity is abundant, including much trash and debris scattered thro ughout the site . Soils : Soils found on the East Tract are comprised mainly of the Potts-lldefonso complex, which ha s a low water availability capacity and is prone to erosion. Native plant establishment has been reasonably good on the ROW through Section 12 . Consequently, soil erosion has been greatly reduced on this Tract in relation to the other two Tracts . Noxious weed invasion on this site has also been minimal. Wildlife: Elk and deer tracks and sign were abundant on the site along the length of the ROW and key forage species were clearly being utilized. Many droppings and recent bedding areas were also discovered, though no live animals were seen within 1/8 mile of the ROW centerline. It appears that elk and deer as well as coyotes use the existing ROW as a travel corridor given its less dense brush and generally more open nature than surrounding areas; The area is used as winter range and spring/fall transitional range by big game and is grazed through the summer months by domestic cattle. The Colorado Division of Wildlife has mapped the area as general winter range for mule deer and a small portion as a winter concentration area. For elk, the area falls within severe winter range and winter concentration areas. No rap tors of any species were observed during field surveys and no rap tor nest sites, nor any evidence of raptor use (fecal pellets, small mammal or bird remains, feathers, etc .) were discovered within 1/8 mile of either side of the proposed ROW. Expected Disturbance Issues : Vegetative succession will be set back by construction activities on the ROW. The existing ROW has not fully returned to a pinyon-juniper forest type like that found in most of the surrounding area, from the original pipeline construction impact created in 1961. This is readily seen by the more open nature and smaller, younger shrubs and trees on the ROW than on adjacent, undisturbed sites. Soil disturbance will create an opportunity for noxious weed invasion and establishment along the pipeline, as well as the potential for increased erosion until new plants become established. This is particularly true on the west end of the Tract where steep slopes occur. The ease with which public access is attained on this segment is a concern for wildlife impacts. Wildlife will be impacted not only by the loss of forage for two or more years, but also a loss of cover and the potential for increased human access, traffic and continual disturbance. This will be particularly problematic for wintering big game herds. South Tract Slopes and Aspects : Most of the South Tract is characterized by moderate to steep slopes on a variety of aspects. The segment in Section 31 is entirely a southern exposure on steep, rocky terrain. The southern end of Section 30 crosses a small riparian area, then a ridgeline and becomes a northern exposure, all on moderate slopes. The entirety of Section 29 is on a northern exposure, with the mid-section containing the steepest slopes. Vegetation: The South Tract BLM study area contains primarily dry uplands including sagebrush, oakbrush/serviceberry and pinyon-juniper habitat types. The extreme southwestern portion is on a southern exposure containing steep, rocky hillsides with sparse, shallow soils and very little understory vegetation. The area is dominated by one-seed juniper (Juniperus monosperma) and pinyon pine (Pinus edulis), with the majority of both species being large, mature trees forming a thick canopy. Understory plants are very sparse, but include representatives of Mormon tea (Ephedra trifurca), mountain mahogany ( Cercocarpus montanus), Indian rice grass, and some mountain muhly, cheatgrass (Bromus tectorum) and barrel cactus (Opuntia spp.). The more northerly segment of the South Tract contains a small riparian area dominated by narrowleaf cottonwood (Populus angustifo/ia) and mountain maple (Acer glabrum). There is evidence of an old bum in and around this segment and subsequently there are fewer juniper and pinyon trees and more Gambel's oak (Quercus gambel/i), sagebrush (Artemisia tridentata), rubber rabbitbrush (Chrysothamnus nauseosus), skunkbush sumac (Rhus trilobata) and Mormon tea. The old, disturbed pipeline ROW has not been reclaimed very well as there was little vegetation on the pipeline overall, and that which is present is composed primarily of undesirable, weedy plant species. These include Curlycup gumweed (Grindelia squarrosa), bindweed (Convolvulus arvensis), Virginia ground-cherry (Physalis virginiana), sweetclover (Melilotus officina/is) houndstongue (Cynoglossum officina/e), musk thistle (Carduus nutans) and halogeton (Halogeton glomera/us). The north-facing hillside in Section 30 and 29 on this Tract is quite dry despite its exposure and is clearly dominated by pinyon pine, though there is a reasonable component of serviceberry and Gambel's oak in the understory. Numerous dead-standing pinyons are widely scattered all across this hillside, and all appear to be recent casualties of an unknown cause. Soils: Soils found on the South Tract are comprised primarily of lldefonso stony loams, which have a low available water capacity and are highly prone to severe erosion. The extreme southwest end of Section 31 also contains Torriorthents and Camborthid rock complexes, which are typically very rocky areas on steep slopes, also having a severe erosion hazard. Previous reclamation attempts appear to be completely lacking on the South Tract ROW and much erosion has occurred on this segment, particularly on the steeper slopes. Proper grading, water drainage and re-seeding should be used to address existing problems on the ROW. Wildlife: Potential raptor habitat is plentiful along the proposed pipeline ROW on the South Tract. However, on the field surveys only one raptor was seen in or around this area. A lone Red-tailed hawk was seen flying through the area from east to west across the South Tract on the northern exposure overlooking Battlement Mesa. No raptor nest sites, nor any evidence of rap tor use (fecal pellets, small mammal or bird remains, feathers, etc.) were discovered within 1/8 mile of either side of the proposed ROW on the South Tract. The South Tract area is mapped as general winter range for elk with some winter concentration area on the northern end, while mule deer use is mapped showing most of the area as general winter range, a good portion classed as a winter concentration area and some of the northern end classed as severe winter range. The South Tract is so dominated by pinyon and juniper as to provide little forage for big game, though it functions quite well as security and thermal cover. The pinyon and juniper forests need a fire or other disturbance to recapture the South Tract's value as winter range in the future. Expected Disturbance Issues: Given the lack o f vegetative cover on the existing ROW in this segment, additional pipeline construction disturbance will cause little impact to vegetation . However, it will loosen soil and create a good seedbed for further noxious weed invasion and increase the potential for erosion. Since much of the South Tract is heavily wooded by mature pinyon and juniper forest with very little understory vegetation, the pipeline actually creates an opportunity for enhancing winter range forage for big game. Ample sec urity cover already exists throughout the Tract and the pipeline ROW co uld become a prime foraging area if reclaimed properly. Public access to this area is strictly limited by surrounding private lands, so unregulated human disturbance to wildlife such as hikers, mountain bikers and ORV users should not be an issue in this area. North Tract Slopes and Aspects: Most of the North Tract is characterized by s light to moderate slopes on north and west aspects. Numerous small draws drain the area so there are short, localized steep slopes on portions of this Tract. Vegetation: Nearly the entirety of the North Tract falls within the relatively recent bum above Battlement Mesa. One small segment on the southern end of the proposed pipeline route in Section 21 still has a small stand of mature junipers which were not burned. Young, vigorou s new growth on a multitude of shrub and grass species is clearly evident throughout the area, including oak, serviceberry, snowberry (Symphoricarpos a/bus) and mountain mahogany. Grasses include bluebunch wheatgrass (Agropyron spicatum), intermediate wheatgrass (Agropyron intermedium) and Indian ricegrass. Surprisingly, there was relatively little cheatgrass in the burned area along the ROW . The plant cover, health and vigor are all very good on the North Tract. Soils: Soils found on the East Tract are comprised of lldefonso stony loams, which have a low available water capacity and are highly prone to severe erosion. Public access to this area appears to be unlimited and a number of roads and trails traverse the BLM lands along the powerline ROW . Erosion is severe in places and little, if any, work has been performed on the access roads to maintain a drivable surface or proper water drainage . Wildlife: Potential rap tor habitat is severel y limited on the North Tract since most of the area has burned. The site provides a good hunting area with many perches on the old pinyon and juniper trunks, but almost no suitable nesting habitat exists. A lone turkey vulture was seen soaring high overhead near the powerlines on the North Tract above Section 16 during th e field surveys. No rap tor nest sites, nor any evidence of raptor use (fecal pellets, small mammal or bird remains, feathers, etc.) were discovered within 1/8 mile of either side of the proposed ROW on the North Tract. Elk and deer tracks and sign were abundant on the site along the length of the ROW and key forage species were clearly being utilized. Many droppings and recent bedding areas were also discovered, though no live animals were seen within 1/8 mile of the ROW centerline. The area is used as winter range and spring/fall transitional range by big game and is grazed through the summer months by dome stic cattle. Free water availability may be a limiting factor in this area during the summer months. The Colorado Division of Wildlife has the North Tract mapped as general winter range for mule deer and some of it as a winter concentration area. For elk, the area falls within general winter range, a significant portion as a winter concentration area and a small portion of it as severe winter range. Exoected Disturbance Issues : Vegetative cover and quality is very good on the North Tract from a big game foraging standpoint. The grass and shrublands also offer a distinct habitat type relative to the majority of the region which is densely covered in mature pinyon and juniper forests. Disturbance of this system will create potential for noxious weed invasion, particularly for cheatgrass. Given the localized steep slopes and the high erosion potential for the soil types in this segment, great care must be taken to minimize disturbance during construction and reclamation of the site should be immediate upon the pipeline's completion. The area is clearly an important big game wintering area . Numerous roads and trails traverse the area and public access to BLM land here is quite easy and very near the human population centers of Battlement Mesa and Parachute. There is a strong possibility of significant human disturbance to wildlife populations in this area year-round. Of particular concern is the potential for increased disturbance of wintering big game herds in the area. 5.0 MITIGATION SPECIFICATIONS A voidance/Timing Restrictions: First and foremost among the mitigation steps will be to avoid wildlife disturbance during critical peri_pds. The GSRA Plan Amendment affected by the ROD for Oil and Gas Leasing and Development (March 1999) provides for Timing Limitation Stipulations to apply to any activities proposed within big game winter habitat. In: this case, construction activities associated with the pipeline should be prevented in winter habitat areas from December 1 to April 30. There is one exception to this stipulation, which states that, under mild winter conditions, the last 60 days of the seasonal limitation period may be suspended after consultation with the CDOW. Winter severity is determined on the basis of snow depth, crusting, daily mean temperatures and animal concentration factors. This will ensure no disturbance to wintering big game herds on critical range during the most challenging time of year. Since wildlife are a mobile , biological entity, it is possible that species and or use patterns may change from the time of the surveys to the actual construction commencement. Other daily and seasonal timing limitations may be implemented during all phases of the planned development to reduce or minimize potential impacts to wildlife in the area, and these will be handled on a case- by~ase basis. Such limitations may occur due to big game wintering extensions in the event of a late spring, potential birthing areas which may have been missed due to the timing of surveys this year, newly-nesting raptors which may establish prior to commencement of construction activities and the presence of any endangered species that is found to occur in the project area that might be ) ) sensitive to development activities. While none of these are currently an issue, the potential exists that they may become an issue by the time construction begins. Construction Personnel Restrictions: All personnel working on any portion of the pipeline operations will be required to leave firearms and pets at home. This will preclude people or dogs from chasing, harassing or killing wildlife while construction is taking place and wildlife are already being impacted. Re-Seeding: After construction is completed, the primary goal will be to re-seed all disturbed areas immediately following construction activity . A fall seeding of native plants would take advantage of spring snowmelt and precipitation and establish very quickly . Should construction be completed by mid-summer, an interim seeding with a cover crop such as oats to prevent erosion would be appropriate. Reclamation seed mixtures will contain native grasses, forbs and shrubs. On highly variable sites, specific seed mixes should be planted with regard to slope, aspect, soil type and average available soil moisture. In this case, soil types are relatively uniform, precipitation regimes are comparable and the low elevations and lack of prominent geographical features minimize the effects of exposure. Consequently, a uniform seed mixture should work adequately across the entire ROW reclamation area. Table l contains the suggested seed mixture appropriate for the conditions found along the ROW . Noxious Weed Control Plan : Second, all disturbed areas should be included in a comprehensive noxious weed monitoring and control program. Weed control will continue for at least three growing seasons following pipeline construction, and may require longer proactive management depending on the species involved and the relative degree of establishment achieved. Table 2 contains a list of potential noxious weed species of concern in this area, as well as a list of other troublesome species already found on site . Control methods will vary by the weed species actually present and may require up to three treatments annually over the course of the monitoring period. Once adequate native vegetation is re-established on disturbed sites, weed invasion should be far less problematic. Adequate grass and forb cover should be easily established within 2 growing seasons and a young, native shrub component within 5-7 years . For the areas surrounded by mature pinyon and juniper forests, those ROW areas are unlikely to ever reach climax forest types again as long as there is on-going maintenance of the pipeline along the ROW. However, the ROW can be easily maintained as an excellent foraging area for wildlife and add diversity to the habitat types in the area. Road Closures: Finally, road closures and motorized vehicle access restrictions should be implemented, particularly where public access to BLM lands is relatively easy. Little else can prevent successful reclamation of a disturbed site as well as unrestricted motorized use. The freshly- disturbed pipelines and terrain will be an attraction of ORV users, particularly on the East and North Tracts which are visible to the I-70 corridor and towns of Battlement Mesa and Parachute. Such road closures should be physical blockages that preclude motorized access at strategic points. Verbal or written closures are notoriously ineffective management tools. Construction of gates and or earthen berms will prevent the motorized access where appropriate . This physical exclosure will provide a much more secure and secluded habitat for wintering big game than currently exists and will prevent soil erosion, unauthorized garbage dumping and eliminate a vector for noxious weed seeds as well. ) Reclamation Objectives : BLM requires a written objective for reclamation to be used on the proposed Plan of Development. The rec amation objectives are as follows: l. Establish desirable perennial vegetation on all disturbed areas by the end of the second growing season. Establishment of grasses and forbs should be greater than 50% cover on good soils (not rock outcrop complexes) at the end of the second growing season. 2. Re-vegetation will be considered acceptable if: a) the disturbed site is considered stabilized and erosion-controlled b) undesirable vegetation on the disturbed sites comprise less than 5% ofthe total vegetative cover provided that the adjacent vegetation (undesirable) percentage is less than 50%. If the adjacent undisturbed vegetation composition is comprised of more than 50% undesirable species, then the acceptable level of undesirable species on the disturbed area should be no greater than 50% of the total re- vegetated cover as well . This will be determined on a case by case basis by the Authorized Officer. c) listed noxious weeds are non-existent 3 . Establish a final level of re-vegetation that approximates the original pre-disturbed condition (adjacent undisturbed area) in terms of total canopy cover and composition for shrubs, grasses , and forbs. At a minimum, the shrub component should be at least 5% and the forb component at least 10% of the total vegetation on the reclaimed area if the adjacent vegetation is of equal or greater value for shrub and forb percentages. Final reclamation will not replace mature trees ! Undesirable vegetation should meet the condition described (2) and noxious weeds must be non-existent. Annual and verifiable progress will be made pursuant to the above . Summary: Mitigation for impacts resulting from construction of a new pipeline within the existing ROW alignment will involve several steps. First, the selected route itself remains within an existing pipeline ROW which has been previously disturbed. This will avoid additional impacts which would accrue from construction on an undisturbed route. Second, construction will take place in accordance with the timing restrictions set forth in the Oil and Gas ROD amendment to avoid disturbance to wintering big game herds during the most critical survival period of the year. Construction personnel will not be allowed to bring firearms or dogs onto the site during construction to further ensure minimal wildlife disturbance. Once construction is complete, the entire disturbed area will be reseeded with the grass and shrub seed mix set forth in Table 1. The seed mix is a drought-adapted mixture of high-quality forage grasses and shrubs which will benefit many wildlife species, particularly big game. The mix is • also designed to quickly re-vegetate the disturbed areas and prevent soil erosion. Following re- seeding, Canyon will embark upon a 3-5 year weed monitoring and control plan to ensure that no noxious weeds occupy the disturbed area and to minimize the invasion of undesirable plant species. Finally, physical road closures shall be put in place in conjunction with BLM officials to eliminate ORV and other motorized access onto the pipeline ROW and other critical wildlife habitats found on BLM land. These steps should minimize any short-term negative effects of the pipeline construction on wildlife species and habitat. T bl I S a e uggeste d d 0 f h c see nuxture or rec amatton o t e any on G ROW as Site Condition Common Name Scientific Name %Seed Mix Drv Site; south and Intermediate wheatgrass Agropyron intermedium 25 west exposures Indian ricegrass Oryzopsis hymenoides 10 Shallow, Rocky Soils Western wheatgrass Agropyron smithii 15 Planting rate: Bluebunch wheatgrass Agropyron spicatum 20 15 lb/ac Needle-and-thread grass Stipa comata 10 Prairie junegrass Koelaria pyramidata 5 Bitterbrush Purshia tridentata 5 Mountain mahogany Cercocarpus montanus 5 Arizona fescue Festuca arizonica 5 T bl 2 P a e 0 1 otentta noxtous wee d d d 0 bl spectes an un estra e plants on th c e any on G ROW 0 as stte Common Name Scientific Name Noxious (N) or Urgency of Undesirable (U) Control Russian Knapweed Centaurea repens N High Canada Thistle Cirsium arvense N High Houndstongue Cynog/ossum officiona/e N High Whitetop Cardaria draba N High Musk Thistle Carduus nutans N Moderate Cheat grass Bromus tectorum N High Western sticktight Lappula occidentalis u Moderate Halogeton Halogeton g/omeratus N High Kochia Kochia scopa ria N Moderate Lambsquarters Chenopodium album u Moderate Russian thistle Sa/sola iberica N Moderate Virginia ground-cherry Physalis virginiana u Moderate Curlycup gurnweed Grindelia squarrosa u Moderate Field bindweed Convolvulus arvensis N Moderate Reclamation Plan 52 I. Introduction 1.1 1.2 1.3 1.4 Purpose Goals & Objectives Related Plans I Maps Responsibilities 1.4.1 The Company 1.4.2 The Contractor 1.4.3 The Construction Inspector 2. Reclamation Process 3. Noxious Weed Control 4. Worker Safety and Spill Reporting 5. Reclamation Schedule and Documentation 6. Post-Construction Monitoring and Evaluation 6.1 Revegetation and Erosion Control Monitoring 6.2 Evaluating Reclamation Success 53 1. INTRODUCTION This Reclamation Plan (plan) describes measures to be taken by the Canyon Gas Resources, Inc . (Company ) and its construction contractors (Contractor) for topsoil restoration, reseed i ng, planting. noxious weed control, and reclamation monitoring . 1.1 PURPOSE The purpose of this plan is to describe in text and on drawings the prescribed methods for topsoil replacement, reseeding, planting, noxious weed control, and monitoring for reclamation success . This plan is applicable to the construction on right-of-way (ROW) and extra workspace locations. The plan is comprised of the Wildlife and Habitat Mitigation Plan, July 2002. 1.2 GOALS AND OBJECTIVES The short-term goals of reclamation are to control erosiqn and sedimentation and to minimize impacts to adjacent land uses . Properly executed construction practices and optimum scheduling will mitigate short-term impacts. Long term goajs include controlling erosion and sedimentation; protecting water resources and soils; limiting the introduction and spread of noxious weeds; and returning disturbed areas to pre-existing condition. Monitoring during construction and post-construction will ensure that these goals are ach ieved . 1.3 RELATED PLANS/MAPS The following document includes additional requirements specifically related to the reclamation of the ROW and ancillary areas: Wildlife and Habitat Mitigation Plan, NatureTech Consultants Services, Corp., July 2002. (Appendix A) 1.4 RESPONSIBILITIES Responsibilities are detailed below: 1.4 .1 The Company The Company will be responsible for ensuring that the Contractor meets the standards defined in this plan to restore all disturbed areas to pre-construction conditions and to ensure long-term monitoring of restoration success. The Company will take remedia l actions as necessary to restore and maintain a stable vegetative cover on the ROW . The Company will provide the Contractor with the appropriate blended seed mixes developed through consultation with agency repre sen tatives and landowners. 54 1.4.2 The Contractor The pipeline Contractor will be responsible for post-construction re-seeding of the ROW, extra workspaces, and off-ROW ancillary sites following their construction activities . 1.4.3 The Construction Inspector The Construction Inspector will have the responsibility to ensure field activitie s are performed by the Contractor in accordance with this reclamation plan and in compliance with all other permits and agreements 2 . RECLAMATION PROCESS The Reclamation Process will be conducted as outlined in the W il dlife and Hab itat Mitigation Plan. 3. NOXIOUS WEED CONTROL Noxious weeds are spread through the dispersal of seeds or the transport of propagative plant parts. It is therefore important to reduce the sources of seed and viab le plant materi al prior to construction disturbance and to prevent its transport or i mportation during construction. N~xious weeds will be controlled as outlined in the Wildlife & Habitat Mitigation Plan . 4. WORKER SAFETY AND SPILL REPORTING All contracted herbicide contractors will obtain and have readily available copies of the appropriate application permits and the Environmental Protection Agency Material Safety Data Sheets (MS DS) for the herbicides being used . All reasonable precautions will be taken to avoid spilling herbicides. However, a spill kit will be carried in all herbicide applicator's vehicles to facilitate quick and effective response to a spill, should one occur. 5. RECLAMATION SCHEDULE AND DOCUMENTATION Reclamation activities will be determined in part by constru ctio n schedules and seasonal climatic conditions . Seed ing and planting will be coordinated with other reclamation activities to occur as soon after seedbed preparation as possible. Upon completion of reclamation, the Company's Construction Inspector, Area Supervisor , and Land Agents, and BLM representatives will perform a final inspection of the ROW and ancillary facilities to verify that pre-construction commitments have been satisfied. 6 . POST-CONSTRUCTION MONITORING AND EVALUATION 6.1 RE V EGETATION AND EROSION CONTROL MONITORING During the first growing season following construction and reclamation, a survey will be conducted to assess revegetation success and determine need for further re clamation. 55 Revegetation monitoring will include evaluation of the following parameters as compared to adjacent (off-ROW) vegetation: percent total herbaceous cover (seeded species plus desirable volunteers), and species composition. Where applicable, the following will be evaluated: new or expanded populations of noxious weeds. Reclamation techniques will be modified as necessary to address any areas with poor germination and/or growth and appropriate remedial measures will be undertaken. The Contractor will be responsible for remediating any problem areas identified by the Company for the first growing season following construction. Thereafter, the Company will be responsible for obtaining a reclamation contractor to perform any necessary work. Erosion control monitoring will be performed in response to significant weather events and/or concurrently with the revegetation monitoring during the first year following construction. 6.2 EVALUATING RECLAMATION SUCCESS The Company is responsible for the stability and revegetation of all areas disturbed as a result of construction for the life of the pipeline. The Company will conduct monitoring after the first growing season and thereafter to assess soil stability and revegetation success. The Contractor will reseed any portion of the ROW that does not exhibit 50 percent total herbaceous cover (comprised of seeded species plus desirable volunteers) relative to adjacent (off-ROW) vegetation after the first complete growing season. Additional seeding will be completed during the next seeding season (fall or spring). In the event that first year revegetation is affected by precipitation amounts significantly below the annual average, the Company may request deferment of additional seeding activities until the following seeding window. The reclaimed ROW will be considered stable when the surface appears similar to adjacent undisturbed land and the following accelerated erosion indicators do not exist: perceptible soil movement (exceeding pre-construction conditions) head cutting in drainages flow pattern development resulting in large (greater than 12 inches in depth) rills or gullies trench subsidence or slumping Revegetation will be considered successful when the following criteria are met 56 • total herbaceous (seeded species plus desirable volunteers) cover is at least 75 percent of that on adjacent land, and species composition comprised of a mix of seeded species and desirable volunteers from adjacent communities. 57 Fire Prevention & Suppression Plan 58 1. Introduction 2. Purpose 3. Responsibilities and Coordination 4. Fire Prevention 4.1 Pre-construction & Construction 4.1.1 Training 4. 1.2 Smoking 4.1.3 Spark Arresters 4.1.4 Parking, Vehicle Operation & Storage Areas 4.1.5 Equipment 4.1.6 Road Closures 4. 1. 7 Refueling 4.1.8 Burning 4.1.9 Fire Guard 4.1.1 0 Blasting 4.1.11 Welding 4.1.12 Restricted Operation 4.1.13 Monitoring 4.2 Pipeline Operation 4.3 Pipeline Maintenance 5. Fire Suppression 5.1 Suppression 5.2 Monitoring 6. Notification 6.1 Notification Procedures 59 1. INTRODUCTION The Fire Prevention and Suppression Plan (plan) identifies measures to be taken by Canyon Gas Resources. Inc. (Company) and its contractors (Contractor) to emsure that fire prevention and suppression techniques are carried out in accordance with federal , state. and local regulations . Measures identified in this plan apply to work within the proj ect area defined as the right-of-way (ROW), access roads, all work and storage areas, and other areas used during construction of the project. 2. PURPOSE The risk of fire danger during pipeline construction is related to smoking , refue ling activities, operating vehicles and other equipment off roadways, welding activi ties, and the use of explosive materials and flammable liquids. During pipeline operat ion, ris k of fire is primarily from unauthorized entry onto the ROW . During maintenance operations, risk of fire is from vehicles and pipel in e maintenance activities that require welding. This plan establishes standards and practices that will minimize the risk of fire danger and, in case of fire, provi de for immediate suppression . 3 . RESPONSIBILITIES AND COORDINATION This plan will be implemented by the Company and the Contracto r on the project. The Company and the Contractor have the responsibility for providing all necessary fire -fi ghting equipment on the project site to their respecti ve employees, and operating under the requirements of this plan . Prior to construction, the Company will contact the appropriate authorities to establish communications. obtain permits (if applicable), and/or fulfill other obligations as directed by fire control authorities . In addition to the above, the Company will: • Ensure that prevention, detection, pre-suppression, and suppression activities are in accordance with this fire plan and federal , state, and county laws, ordi nances, and regulations perta ining to fire . Accompany agency representatives on fire tool and equipme nt inspections and take corrective action up on notification of any fire protection re qui rements that are not in compliance; and The fire prevention and suppression measures described in this plan will be in effect from June 1 to the end of construction . These dates may change by ad vance written notice by fire control authorities . However, required tools and equipment will be kept in serviceable condition and be immediately available for fire suppression at all times . 60 4. FIRE PREVENTION MEASURES 4 .1 PRECONSTRUCTION AND CONSTRUCTION Methods and procedures that will be implemented prior to and during the construction period to minimize the risk of fire are described below. 4.1.1 Train ing Contractor will train all personnel about the measures to take in the event of a fire. Contractor will also inform each construction crewmember of fire dangers, locations of extinguishers and equipment, and individual responsibilities for fire prevention and suppression during regular safety briefings. Smoking and fire rules will also be discussed with the Contractor and all field personnel during the project's environmental training program. 4.1.2 Smoking Smoking is prohibited except in areas cleared and graded a min imum of 10 feet in diameter to mine ral soil. All burning tobacco and matches will be extinguished before discarding . Smok ing is also prohibited while operating equipment or vehicles, except in enclosed cabs or vehicles. 4.1.3 Spark Arresters During construction, operation, maintenance, and termination of the ROW all Contractor and Company equipment operating with an internal combustion engine will be equipped with federally approved spark arresters. Spark arresters are not required on trucks , buses, and passenger vehicles (excluding motorcycles) that are equipped with an una ltered muffler or on diesel engines equipped with a turbocharger. A BLM fire prevention officer will have full authority to inspect spark arresters on project equipment prior to its use on the project on federal lands and periodically during the construction project. 4.1.4 Parking, Vehicle Operation, and Storage Areas In no case will motorized equipment, including worker transportation vehicles be driven or parked outside of the designated and approved work limits . Equipment parking areas , the ROW, staging areas . designated vehicle-parking areas, and small statio nary engine sites, where permitted, will be cleared of all flammable material. Clearing will extend a min imu m of 10 feet beyond the edge of the area to be occupied, but not beyond the boundaries of the approved ROW, extra workspace. or ancillary site . Glass containers will not be used to store gasoline or other fiammables. 4.1.5 Equipment All motor vehicles and equipment will carry one long-handled (48-inch minimum), round-point shovel. and one dry chemical fire extinguisher (5 pounds minimum ). Indi vi duals using power saws and grinders will have a shovel as described above, and an 8-ounce capacity f ire extinguisher immediately available. The Fire Guard will operate a truck eq uipped with a 125 61 gallon sl ip-on pump unit designed for wildland fireflghting . All equipment will be kept in a serviceable condition and readily available . 4.1 .6 Road Closures C ~ntractor will notify the appropriate fire suppression agency of the sche duled closures prior to the open-cut crossing of a road . If required, Contractor will construct a bypass prior to the open- cut installation of a road crossing, unless a convenient detour can be established on ex isti ng project approved roads or within project appro ved work limits . All byp asses w ill be clear ly marked by the Contractor. During road closures the Contractor will designate one person, who knows the bypass, to direct traffic . Contractor will minimize, to the extent possible , the duration of road closures. 4.1 . 7 Refueling Fuel trucks will have a large fire extinguisher charged with the appropriate chemical to control ele c trical and gas fires. The extinguisher will be a minimum size 35-pound capacity with B.C . or higher rating . 4.1.8 Burning No burning of slash, brush, stumps, trash, or other project debris will be perm itted on the project. 4.1 .9 Fire Guard The co ntractor will comply with BLM requirements outlined in Appendi x_ (BLM Fire Pre ventio n Order for Oil and Gas Operations -Order No. 02-0 3) 4.1 .1 0 Welding One 5-gallon backpack pump will be required with each welding unit in addition to the standard fire equipment required in all vehicles. All equipment will be kept in a serviceable co ndition and readily available. 4 .1.11 Restricted Operations The Contractor will restrict or cease operations on federal lands during periods of high fire danger at the direction of the responsible BLM or USFS Fire Management Officer. The Contractor will restrict or cease operations during periods of high fire danger at the direction of the Garfield County Sheriff s Office Fire Marshal. Restrict io ns ma y vary from stopping certain op era tions at a giv en time to stopping all operations. The Company may o btain ap proval to continue so me or all operations if acceptable pre~utions are implemented. 62 ) 4.1.12 Monitoring Construction Inspectors for the Company will inspect the job s ite and the Contractor's operations for compliance with all provisions of this plan. In additio n, federal, state, and local fire control agencies may perform inspections in areas under their jurisdiction at their discretion. 4.2 PIPELINE OPERATION During pipeline operation, the risk of fire danger is minimal. The primary causes of fire on the ROW result from unauthorized entry by individuals utilizing the ROW for recreational purposes and from fires started outside of the ROW. In the latter case , the ROW can be used by authorities as a potential fire break . During pipeline operation , access to the ROW w ill be restricted, in accordance with landowner requirements, to minimize recreational use of the ROW . 4 .3 PIPELINE MAINTENANCE During maintenance operations. the Company or its Contractor will equip personnel with bas ic fire-fighting equipment including fire extinguishers , and shovels as described in Sect ion 4 .1.5 Equipment. Maintenance crews will also carry emergency response/fire control contact phone numbers . 5. FIRE SUPPRESSION 5.1 SUPPRESSION Contractor will take the following actions should a fire occur with in the project area during construction . • ifake immediate action to suppress fires using all available manpower and equipment. • Immediately notify the nearest fire suppression agency of the fire location , action taken, and status (refer to Fire Suppression Contacts for a list of fire suppression agencies and emergency phone numbers). • Immediately notify the Company of the fire location and action taken . • Relinquish the direction of fire suppression activities to agency fire management officers upon their arrival. A company employee will remain at the fire scene until it is fully exti nguished . The exting uished fire will be monitored in accordance with procedures described in Section 5.2 be low. 63 TABLE I Fire Suppression Contacts Construction I Phone Number I Office Location BLM Lands, Colorado Garfield I (970) 257-4800 J Grand Junction Interagency Fire Dispatch Center County Private State Lands, Colorado ~rfield I (970) 285-9127 I Garfield County Sheriff s O ffice i n Parachute County 5.2 MONITORING Contractor will mark the location and boundaries of all ext inguished fires. The extinguished fire site will be monitored by the Contractor for a minimum of 24 hours . Monitoring includes walking the fire site perimeter, as well as crossing thro ugh the site . 6. NOTIFICATION 6.1 NOTIFICATION PROCEDURES Construction crewmembers will report all fires , whether ext ing ui shed or uncontrolled, to the Field Supervisor. If the fire is uncontrolled, the Contractor will call the nearest fire suppression a gency (refer to Fire Suppress ion Contacts), and the Compan y. Information regard ing the lo ca ti on of the fire , property ownership, and cl osest access roads sh o uld be provi ded to the Dispatch Office and the Company . If a reported fire is controlled, but not extinguished, the Field Su pervi so r will ca ll t o not ify the nearest fire suppression agency to alert them of the situation. The status of the fi re will be monitored and when extinguished , the nearest fire suppression agency will be notified . See Table 1 for a list of fi re suppression contacts. 64 I I TRIGON SHEEHAN LLC 19703859107 08/29 •o3 13:31 No.1o3 01 TRIGON~~ I :t@: rat~ Your Pipeline To The Future tNQIHEEAS a CO~STAUCfORS Date: _ _..:g....__--~__.;1_-_o-=.3 _________ _ To Company: ___ G~~~~~n~r~~-~==v~co~~-~fL~1~N~N~tN __ ~----- Attention Of: _....L.T-'-f'...l-'H........_A:....r..~::...<fiL..L_ ....... f~((~(i....;;.G_L ____ ~-- Fax Number: _.J....r...L.· z-=o;.....--.>G,.3..::::...8-.!4_-_.f."'-'#I.....!-76-=-------- From: _f<~c~~~/.~/10-'-H___.:_.:_P_s_o....!!,tJ...;.__~---- JobNo: __ ~I-~_7_?~--C) __ ( ____________________ __ Number of Pages Including Cover: __ g ________________ _ IMPORTANT-PLEASE READ Our Services Oil & Gas Telecomm Pipelines Facilities Power Permitting Engineering Design Procurement Construction Fiber Optics OpAmps RECEIVED AUG 2 9 2003 GARF IELD COUNTY 8Ul.DING & PLANN ING The information contained in ltlls facsimile message is inte,ded only for ttle personal and confidential use of the recipient(S) named above. If you are not a named recipient, or responsible fot delivering thi$ message to a named recipient. please notifY us immediately by telephone and destroy or return the original to us by mail. Thank you. If there aro ;my problems with thls tnnsmlsslon, please call the number bofow, Thank you 126 Rock Point Or., Suite B, Ourengo. CO 81301 (970) 385-9100 Fax(970) 385-9107 www.rtigon·&heehen .oom ' . FAX TRANSMITTAL IKluVN ~HttHAN LL~ 0~/l~ '03 13 :31 N0.103 02 GENERA L PERMIT APPLICATION for Agency Usc Only 10RMWA TER DIS CHARGES ASSOCIATED WITH: C 0 R-0 3--------- Date Rece ived Year Month Day CONSTRUCTJON ACTIVITY --------- (P(:nnit No. COR-030000) Code: 9A 9B 9C(J) 9D(2) 9E(3) 9F( 4-) J.'l((IJe prl11111r type . All items musll>c (Ompleted ~ccuntely ~nd in their euti r·ety or the ~pplication will be <lcc:m~d incomplete ~nd procc~sing of the permit willnot.lx:r,in unti l~~~ inf onmli on is receive d. Please rtfer to the in!tructions f.o r inlorm~tion ~boul th e re~uirc<l ite ms. An uri gin• I ~igno tu rc or the app licant i• •·equired. l. Nftme and addn:ss oftbe penuft applicmc: Company Name CANYON GAS RESOURCES . INC. Mailing Addre~s 7400 EAST ORCHARD ROAD. ~TE . 270 City, State and Zip Code ENGJ..EWOOD. CO 80111. Phone Number (303) 222 -6204 Who is applying? Owner r2J DeveJ.opet 0 Contractor 0 Federal Taxp ayer (or Employer) TD#: __ • __ Entity Type: Pri.vate [gl Federal. 0 Stale 0 County 0 City 0 Other : 0 Local Co ntact (familiar witb facility) BRIAN PETERS Title PROJECT ENG~ Phone Number QJU) 222-6204 OR {72Q).J.nP~ 2 . Location of the construction site: Street Address N/A City, St.;Jte and Zip Code PARACHUTE, CO S16J 5 Coun1y GARF IELD, CO Nam e ofpl.ln or devel op me nt SOUTH PA~ACHU TE PIPELINE PROJECT l..air.ude aod Loo~ N 39" 2.r 45.3 3 ~. W IOSO 3' 30.61~ {SEN\lo' SECTION 36. T ZS-R96W) 3. :Brfeny descrfbe tbe naf'ure of the coostruction acHvity : 2/0 2/COtlSl Typical piJ2eline co nstm ctioructivity con sists of clearing and grngit:!g for access .• clearin_g of the surface fo r the tr enchi ng egu.ipmeJJt, in~tallation. of storm. water bmp~. in stall<J.t,Jon of pipe, covering ;:md bacl<fillin g of pipeline trench followed by s ite and right of way stabilimtjon and reclamation. The proposed proicct pcrea ge is ap,p roxima tely 54 acres. -I .. IRlGON SHEEHAN LLC 19703859107 08/29 '03 13:31 N0.103 03 4 . Anticlpat·cd construction schedule (SEE INSTRUCTIONS!): Comme ncement date : OCTOnER. 2003 Co mpletion dale : DECEMBER. 2003 5. Area of the construction site: Total area ofprojr;;ct site (acres) 54 ACR.IfS AJea of projec t site to undergo tl isturbance (acn;s) 54 ACRES Jfproject ~if.e is paT.t of a Larger Common Plan. of Development or Sale, total area of co mm on plan to uJJdergo disturbance (sec ln~tructions). ~ 6. The name of the rec-eiving stre2m{s). (I!' dis<:barg<! is to a ditch or s;or.n seu·er. also include the: oaml' of the uJtimoue recet\ing water): mn CR£6 K. HA Tn.t;:"II\I'T C'R,F.;F;K. M0;\1.IMEI'T CREEK Al\'D STO~E QUARRY GULCH FEED ~1'0 THF. COLORADO Rf\"ER.. 7. Stormwater Management Plan Certification : "I certify under ponalty oflaw that a comp lete Stonnwater Management Plan , as described in Appendix A of this app lic ation , has been prepared for my facility. Based on my inqu iry of th e person or persons who manage the system, or tho se person~ directly respo nsible for gathering the infonnation. the Storm water Management PJ~n is , to the best of my knowledge and belie(, tru e, CW"ate, and co mplete . I am aware tl.1at there arc Si!,rn ificant penalties for falsely certifying the completion of s11i SW , including th e possibility of fme cwd impri~onmcnt for knowing violations ." ~~..-- Sign:~ture of Applicant BRIAN PETERS Name (printed) Date Signed fV\I¥J A &f:.k..--f:J..J G-1 NUR.' J-) Cs-f.. oPti!AT7 t.N. Tit.le 8 . ~r.urtme or Applicu:u (J~Dy ~po~iliJe perwn) "I certifY UJJder peonlty ofl.aw that I hav(' pason11Uy examined and Rm familiar with the information submitted in this applic ation and aU attachments i!Dd that, based on roy inquiry of those individuals immediately responsible for obtainjng Lhc information, I believe t11at the infonnation is true, accurate and complete. I am aware thai there arc signjf:icant ~for =A~-Lormation, in clud ing th e possib ility of fin o or ~~o nmcn;t." ~~d'C5 _'f>J __ ;;J.-_')+..:::..;0.3:::....__ ___ _ Stgnature of Applicant Date Signed 1 BRJANP~TE~R=S ______________________ __ {VIJVJ~-fjJ(J'\t-Jt.fJU:f\:().. 15-op,t,eA?r~oN 5 Name (printed) Titl e · 2102/c<;>n~l ) ) Your Pipeline To The Future ENGINEERS & CONSTRUCTORS August27,2003 RECEIVED f\U G 2 9 2003 G,A.RriELO C ?~~~G U\1 0 \NG & plJ'\ Re: The Canyon Ga ~r<e-s-ources Stormwater Plan for the South Para chute Pipel ine Project Dear Tamara, Enclosed is the Stormwater Plan for the above referenced project. I will fo rward a copy of the P ermi t itself in a few weeks . The TBI Production easem ent will be f axed to yo u by Bri an Peters very soon. Anythi ng you can do to help us expedite the process for the Surface U se Permit would be greatly appreciated. Let me know if I can be of further ass istanc e to you. Sincerely, Rob Thompson As agent for Canyo n Gas Resources, Inc. 970-946-2495-Cell DENVER ·---·---------·--------- TULSA 0 U R A r t; 0 150 Rock Point Drive Suilf.: [) • Duranv•) 1~0 81301 • 9!'0-'247 -P10!.1 • Fax 970-'?4 1-0303 • vNNv.trigon-sher:hdn.com " I !\ \ \ ' I I I I I I I I / --·-----· --~.-~-·-.. --· - ... -- .• ,/ / / SOUTH PARACHUTE . PIPELINE PROJECT S rO~ WATER POL_t UTION / _./PREVENTION PLAN,, ·' For The I NATIONAL POLLUTANT\ I DISCHARGE ELIMINATION ... SYSTEM '-.. ...... Prepared for: ·-....... ----------C ~n-yon Ga;> __ _Res ources, inc:·-----··---'< ___ -----·· 7400 East Orchard Road , Ste. 270 __...-....-·-.._, Englewood, CO 80111 Prepared by: Trigon-Shee han ,LLC 12 6 Rock Po int Drive, Su ite B Durango, Colorado 81301 August 22, 2003 TRIGON ft&'i: I :t :t: m ·~ 1· E N G IN EERS & CON S TR UCTORS 1.0 PROJECT DESCRIPTION Canyon Gas Resources, Inc. (Canyon) proposes to construct, operate, and maintain a pipeline system to transport conventional natural gas from the Tom Brown Inc. (TBI) wells into an existing natural gas processing facility downstream. Total proposed pipeline system length is approximately 7.83 miles of 8" low pressure steel pipeline. Interconnects with exist ing pipe lines and well ties at the TBI production area will supply the new line . Project area map is included in Appendix A. A metering and pigging facility will be located at the proposed interconnect to the Bentley System which eventually feeds into the West Rifle ( Compressor Station . The above ground appurtenances will be located as follows: an 8" pig launcher at southern-most end of pipeline (NW-S36-T7S-R96W), a 4" valve set in NE-S36-T7S- R96W (for future well connects), 4" valve set in SW-S21-T7S-R95W (for future well connects), 4" valve set in NW-S14-T7S-R95W (for future well connects), and an 8" pig receiver at the northern- most end of the pipeline (NW-S14-T7S-R95W). Canyon will design, construct, operate, and maintain the proposed facilities in accordance wit h the U.S. Department of Transportation regulations codified at Code of Federal Regulations, Title 49, Part 192, "Transportation of Natural Gas and Other Gas by Pipeline; Minimum Federal Safety Standards", and other applicable federal and state regulations . The standards imposed are in accordance with the Natural Gas Pipeline Safety Act of 1968, as amended . 2.0 NATURE OF CONSTRUCTION ACTIVITY The standard open cut construction method will be used to install the pipeline. This method includes clearing, grading, trenching, pipe stringing, pipe bendi ng , welding, joint coating, padding where required, lowering in, backfilling, pneumatic testing, cleanup, and restoration. The surface of the pipeline route will be cleared to provide a f lat surface for trenching equipment. Typically, the ditchline is bladed to clear the area of vegetation and prepare a level working surface. Pipeline construction equipment will be used; including trucks , loaders, graders, excavators, backhoes, trenchers, side-booms, bending machines, and pickups. Soil will be removed and stockpiled and/or windrowed on the working side of the ditch . Any existing topsoil will be segregated for use in final reclam ation . Up to 12 inches of topsoil will be salvaged before tren ching and wi ndrowed or stockpil ed nea r the operations off the trave l la ne to prevent its loss or compaction. This procedure will be followed on portions of the route th at contain native vegeta ti on in accordance with regu latory and easement requirement s. Thi s procedure will be used to pre serve native seed stock o n the right-of-w ay and assist in the revegetation and stabilization process . Spoils from cuts will typi ca ll y be used as backfill at th e s ite of origin. In areas where the pipeline is loca ted within ex isting service roads, the backfill wi ll be compacted f ollowing th e req ui r ements of loca l permitting agencies. Grading will include leveling t he ground s urface as req uired to perm it transit and operation of ve hicles and equipment and to e nabl e placement of the pipeline at the desi red elevation . In most instances, level su rfaces a re already present and littl e grading w ill be required . Cuts and fills to maintain grade will be minimized. Where necessary, cut and fill will be blended with existing terrain to maintain drainage and slope stability. Once the right-of-way has been prepared , trenching operations will begin. The ditch will be excavated using backhoes or clamshell buckets in areas where loose or unconsolidated rock is encountered . Hand digging will be employed when exposing existing utilities within 30 inches of another utility. 2.1 SEQUENCE OF MAJOR SOIL DISTURBANCE ACTIVITIES The construction of the pipeline is planned for October 1, 2003 to December 1, 2003. General construction stages and changes in site erosion potential and storm water runoff that accompany each stage are described below. The stages of specific projects and locations may vary slightly. Stage 1: Pre-Construction -Storm water runoff from the site is at pre-developed levels and erosion is minimal. Site perimeter erosion controls may be required prior to initial disturbance. Stage 2: Clearing and Grading for Access -Clearing and grading is accomplished for access only. Measures are implemented to protect off-site properties, including the installation of construction entrances (large aggregate aprons which transition from the construction site to paved off-site roadways). Erosion from the site increases to moderate levels and storm water runoff volume begins to increase as vegetation is removed and site areas become compacted by heavy equipment. At this stage, the installation of Best Management Practices (BMPs) may be necessary. (Typical BMPs are included in Appendix B.) Stage 3: Full Clearing and Grading -Full clearing and grading can result in moderate to high levels of erosion. Major storms can wash away sediment control structures and can deposit substantial sediment in control structures , significantly reducing capacity. Runoff volume is increasing as disturbed area increases . Regular inspection and maintenance of sediment control practices is required to maintain effectiveness of the devices. Clearing will be conducted to allow access for the construction equipment (e.g., back hoe or trenching machine). The clearing will be performed only to the extent necessary to allow access for the construction equipment and the ground surface will not be grubbed or cleared of vegetation less than 4-in in height when possible. Any remaining vegetation will provide some soil stabilization during and after construction activities. In any case, clearing will not be performed outside of the right-of-way except for construction of access roads and staging areas approved by appropriate landowner. Stage 4: Installation of Storm Drainage System -Storm water BMPs are complete and storm drains and runoff diversions are installed as necessary. Erosion can continue to be moderate to high and storm water runoff volume continues to increase as disturbed areas become more compacted. Stage 5: Active Construction of Structures -Construction is at it s peak . Moderate to high erosion rates can continue and storm water runoff volumes can approach ma x imum . The impact of high erosion rates can be signifi cant if sediment control practice s have not been maintained during previous stage s of constru ction and are clogged or have inadequate capacity to control site storm water discharges. 2 .. The trenching will be perfonned with equipment such as wheel ditchers, backhoes, draglines, rock plows or similar equipment. If required, blasting , sawing or pneumatic hammers may also be needed to break solid ro ck into removable pieces. In general, the trenching activities will be performed in accordance with standard engineering practice, as specified by Canyon specifications and any applicable regulations. The trenches will be excavated to sufficient depth to provide adequate cover and at least 6-in of padding between the outside of the pipe and the bottom or sides of the trench . The trenching operations will be timed so that the trench does not remain open for an extended period . The spoil bank from the trenching operations will be maintained free of foreign materials. Where present, the topsoil will be segregated from the su bso il for replacement later. Backfilling the trench will be perfonned using appropriate methods to minimize impacts to the right-of-way and to minimize soil disturbance. After compaction, any remaining backfill will be placed in the pipeline trench and spread on both sides of the pipeline trench. The backfill over the trench will be crowned to a height of not less than 8-inches and not more than 12-inches above the adjacent ground surface. Through rocky lands where livestock are confined, the backfill crown will be broken every 100 yards with a 20 foot wide gap. The gaps will be level with the surrounding ground. When backfilling on hillsides or sloping ground, furrows or terraces will be constructed across the pipeline trench to direct the flow of water into the natural drainages. Drainage ditches will be maintained and left unobstructed to prevent the 'pending' of water against the spoil bank or backfill crown. Stage 6: Site Stabilization -Disturbed areas are stabilized with vegetation, hydro mulch or other suitable non-erosive cover. Once all areas of the site are stabilized, temporary sediment control measures will be removed from the site, and sediment collected during the construction phase is removed (dredged) from pennanent stonn water control structures to restore design capacity, if necessary. Stonn water runoff volume reaches post-development rates and ma y be less than the volume that occurred in Stage 5, due to areas of the site that are stabilized with vegetation. All disturbed areas will be reseeded and inspected per Section 6 .0. 2.2 ESTIMATED DISTURBANCE AREA The approximate area of temporary disturbance for construction within the right-of-way is approximately 54 acres . Table 1 below describes the width, length and acreage of the right-of- way and temporary work spaces. Table 1 -Estimated Area of Disturbance Description Permanent Temporary Distance (Ft) Acreage Width (Ft)_ Width (ft} BLM 35 15 18,307 2 1.0 1 Clem 25 25 4,991 5 .72 Battlement Me sa 25 25 2,587 9.35 Payton 25 25 8,145 9.34 Gardner 25 25 2,8 25 3.24 TBI 35 15 4 ,506 5 .17 Totals 41,361 53.83 3 ' 2.3 SOIL DATA The proposed project is located within Garfield County and along the Colorado River Valley located in western Colorado. The Colorado River valley varies in width from Y:. to 2 miles. Adjacent to the the river valley are well drained terraces The soils in this area consist mostly of Quaternary to Cretaceous aged alluvium which includes sandstone, siltstone, shale, basalt, limestone, conglomerate and coal. The Garfield County soil survey (May 1985) provides some detailed soil types of map units along with complex and association listings. These units consist of Bucklon- lnchau learns, lldefonso stony loam, Potts loam, Potts-lldefonso complex, Torriorthents- Camborthids-Rock outcrop complex, Torriorthents-Rock outcrop complex and Villa Grove-Zoltay learns. The Bucklon-lnchau learns soils are typically found in moderately sloping to very steep ridges and mountains and are derived from sandstone and shale residuum and valley side alluvium from shale. These soils are moderately saline, slow in permeability well drained and have slow surface runoff. The lldefonso stony loam soils are typically found on mesa breaks and sides of valleys. They are derived from primarily basalt. These soils are moderately rapid permeability, well drained with moderate surface runoff. The Potts loam soils are typically found on mesas and plateaus and are well drained and derived from sandstone, shale and basalt. They are moderately permeable. The Potts-lldefonso complex soils are usually on rolling mesas and valley sides. They are derived from sandstone, shale and basalt, have moderately rapid permeability and medium surface runoff. The Torriorthents-Camborthids-Rock outcrop complex soils are derived from shale bedrock and exposed sandstone, have moderate permeability and medium surface runoff. The Torriorthents- Rock outcrop complex soils are derived from a combination of exposed sandstone and shale bedrock from basaltic alluvium, are moderately in permeability and medium surface runoff. Villa Grove-Zoltay loams soils are typically found in alluvial fans and moderately steep hillsides that are well drained. These soils are derived from basaltic mixed alluvium, have moderately slow permeability and rapid surface runoff. The soil types and their associated environmental parameters are listed in the following table. T bl 2 5 'I U 't a e 01 n1 san d F t E ac ors t dAI ncoun ere ong th p e repose d p· r 'l_l)_e me Mapping Unit Slope and Shink Water Depth to Swell Erosion Erosion Hazard (Hydrologic Group), % of Project Bedrock Potention Potential Bucklon-lnchau learns 25-50% Moderate Moderate Severe (D-C}, 35.5% 10-40" lldefonso stony loam 6-45% Low Moderate Severe (B), 42.8% of project 0-60" Potts loam 1-12% Low to Low Slight . (B), 5.5% of project 0-60'' Moderate Potts-lldefonso complex 3-45% Low to Low Slight to jB-8), 5% of project 0-60" Moderate Moderate T orriorthents-Camborthids-Rock 15-70% Not Moderate Moderate to (N/A), 9% of project N/A Available to High Severe Torriorthents-Rock outcrop complex 15-70% Not Moderate Moderate to (N/A), 14.5% of project N/A Available to Hiqh Severe Villa Grove-Zoltay learns 15-30% Moderate Low Slight (8-C), 11% of project 0-60'' to Hiqh 4 The runoff coefficient values ("C values") is the percentage of precipitation volume that is not absorbed by the surface. The above soils have hydrolog ic factors ranging from B (moderate infiltration rates) through D (slow infiltration rates). Calculations reveal the runoff coefficient for the above soils range from 65.4% on the "D" soils, 60% on the "C" soils down to 25.4% on the "B" soils. Native vegetation in the area of the proposed pipeline project consist of Gambel oak, elk sedge, Indian ricegrass, wheatgrass, junegrass, serviceberry, bitterbrush, big sagebrush, needleandthread, bluegrass , a minimal overstory of pinyon and jun iper with assorted bromes. 2.4 OTHER INDUSTRIAL DISCHARGES No discharges are associated with industrial activities other than construction for the proposed project. 2.5 RECEIVING WATERS The pipeline route does not cross any jurisdictional wetlands, open water expanses, or sensitive surface water bodies . The route crosses non-perennial reaches of Battlement Creek, Monument Creek, Stone Quarry Gulch and Dry Creek. The receiving drainage is the Colorado River . 2.6 APPLICABLE PERMITS AND CONSULTATION T bl 3 A r bl P a e ~pp11ca e erm1ts Federal Permit or Notification Administering Agency Environmental Assessment Bureau of Land Management National Environmental Policy Act Glenwood Springs Resource Area Class Ill Cultural Resource Survey Bureau of Land Management Section 106 of the National Historical Glenwood Springs Resource Area Preservation Act Endangered Species Act, Section 7 Bureau of Land Management Consultation Glenwood Springs Resource Area Section 404 of the Clean Water Act Army Corps of Engineers NWP 12 Sacramento District Office State or Local Permit or Notification Administering Agency Section 401 of the Clean Water Act Army Corps of Engineers Sa crament o District Office Storm Water Polluti o n Pre vention Plan Colorado Depa rtment of Public Heal th Clean Water Act and En vi ronment 3.0 CONTROLS BMPs will be used to minimize erosion and sediment transport during the construction activities associated with the proposed project (Appendix B, BMPs). The re will be at least one on-site environmental inspector (E I) during construction. The El will be responsible fo r ensuring th at appropriate erosi on contro l measures are installed and maintained at drainage c rossings and other outfall areas along the project. The El will mainta in status rep orts and a ll appropriate 5 records for compliance with permit requirements imposed by fede ral, state, or lo cal agencies . Records will include the dates when major g rading activities occur; the dates when stabilizati on measures are initiated; and the dates when construction temporari ly or perma nently ceases on a portion of the site . The potenti al for erosion and sediment transport is greatest in areas where ground surfaces have been disturbed and soil is expo sed to ph ysical agents su c h as wind and wate r. In an effort to protect existing water quality, both temporary and permanen t BMPs and other erosi on control measures have been designed to minimize the effects of eros ion caused by storm water runoff. In most cases , a combination of vegetative, structural, and storm water ma nagement practices are used to contro l erosion and transport of sediment. Typical contro l measure d iagrams are included with this plan. Temporary measures to control sedimentation and erosion w ill be used and maintained during all phases of construction . Selection of appropriate erosion control materials will be sele cted based on soil properties, steepness of the slope, and anticipated surface flow or runoff. In general , silt fences will be the appropriate control measures to be used for sediment and erosion co ntrol during construction in the vicinity of dra inage crossings or adja cent to roadwa ys . As cond itions require, other control measures such as straw bale barriers , rock check-dams , slope breakers, and sediment traps or basins may be considered. All necessary control measures will be maintained until the general permit is terminated . 3.1 EROSION AND SEDIMENT CONTROLS The on-site El will be responsible for ensuring that appropriate eros ion and sediment control measures are installed and maintained at drainage crossings and other specific locations along the pipeline routes . During construction, temporary erosion-control measures, in cl ud ing silt fences, straw bale structures, slope breakers, diversion canals, and terraces will be employed as deemed necessary to reduce erosion and runoff from the ROW to adjacent areas . After backfill is in place, a pneumatic-tired vehicle will run down the trench line to co nsol idate and compact the materials. Topsoil will be replaced and excess rock will be removed from the surface . A crown may be left over the trench line to approximately 8 to 12 inches in height to allow for further settlement. Controls are generally designed to retain sediment on-site to the extent pra ct icable. Sediment will be removed from the sediment traps when capacity is reduced to 50 p erce nt of the o r iginal. There will be no off-site material storage areas , soil or overburden sto ck piles , o r borrow areas . The sto ckpiled topsoil or backfill materials will be stored within the con struct io n ROW or wit hin the temporary work space areas . Material storage areas will be located a bove the high water mark of drainages, outside of riparian zones , and not in areas where the materia l could be easily washed into drainages . Stockpiled topsoil or spoil will not be exposed near a strea m channel or riparia n area for more than 30 days . In the eve nt there is stream flow within the drainages, flumes or dam and pump construc tio n methods will be implemented to divert the stream flow so the co nst ru ction zone is free of f low. 6 Trenching and backfill work within drainages will generally be completed within 48 hours, unless site-specific conditions make completion within 48 hours infeasible . Depending on the depth to groundwater or frequency and duration of storm events, the pipeline trench may fill with groundwater seepage or storm water runoff. Trenches will be dewatered as needed in such a manner that no heavily silt-laden water flows into drainages. The terrain will be re-contoured as close as possible to the original condition. After the pipelines have been installed, the ROW will be cleared of all rubbish and construction debris. This waste will be hauled to approved disposal sites. All surplus material will be removed from the ROW. Temporary culverts and bridges will be removed, and fences will be restored to the original condition. 3.2 STABILIZATION PRACTICES The on-site El will maintain all appropriate records including the dates when major grading activities occur; the dates when stabilization measures are initiated; and the dates when construction temporarily or permanently ceases on a portion of the site. These records will be dated, signed, and retained at the construction site . Stabilization measures will be initiated as soon as practicable, generally within 14 days after construction in that portion of the site has temporarily or permanently ceased, with the exception of seasonal arid conditions. Spoils from cuts will typically be used as backfill materials at the site of origin. Excess materials will not be placed in drainage ways or on steep, unstable slopes . An effort will be made to minimize the amount of the excess materials . Where excess backfill materials are generated, they will be spread on nearby project areas for reseeding or used in other excavation areas along the ROW as needed . Materials that are unsuitable for use as backfill and that are economically not usable for other purposes will be disposed of in accordance with local and county guidelines in available landfills . Vegetation or other debris will not be mixed with backfill or topsoil. After the trench has been backfilled, the entire RO will be returned to natural contours where possible , and compacted sufficiently to minimize erosion or excessive future settlement. Natural drainage patterns will be restored and an effective vegetation stabilization technique, such as seed and erosion control fabric, will be employed where possible . In areas of potentially h igh erosion, more effective stabilization techniques will be employed, such as stone riprap. Recontouring to natural lines and grade will be accomplished without disruption to adjacent, undisturbed habitat. All restorat ion other than foot traffic will be limited to the ROW and other marked construction zones. All areas disturbed by construction will be restored and reseeded . A suggested seed mix is located in Appendi x C. Damage to roadside drainage structures will be min imized by re- grading and reconstructing roads to drain properly. A road maintenance program for roads disturbed by the project will be conducted as per landowner agreement or jurisdictional agency directive. 7 A post-construction inspection of the pipeline will be conducted by monitoring personnel. The El will be responsible for ensuring that appropriate records are maintained , dated , signed, and retained at the construction site for major grading activities , when stabilization measures are initiated, and when construction ceases. 3.3 STRUCTURAL PRACTICES During construction, erosion-control structures, including water bars , diversion canals, and terraces, will be employed as deemed necessary to reduce erosion and runoff from the ROW to adjacent areas. Construction of temporary roads and bridges, temporary divers ion of streams, stabilization of soil to support heavy equipment, and various other kinds of practices may be needed within the ROW. No perennial streams will be impacted on this project. Permanent slope breakers or terraces will be constructed across the ROW on sloping ground to prevent erosion . On steep grades, earth-filled sacks or stone riprap may be necessary to stabilize the ground surface. Stabilized construction entrances will be removed and the areas reseeded follow ing agency requ irements . 3.4 STORM WATER MANAGEMENT The project-related construction is scheduled during the dry season to minimize storm water effects during operations and to control pollutants in the storm water discharges. During construction, erosion-control structures, including silt fences, slope breakers, diversion canals, and terraces will be employed as deemed necessary to reduce erosion and runoff from the ROW to adjacent areas. In sloping terrain, trench breakers will be installed. Trench breakers are typically installed to slow the flow of water along the trench and may be constructed of sand bags or polyurethane foam . The on-site El will ensure that the appropriate erosion control measures have been implemented and that the required inspection records are dated , signed, and retained at the construction site. The project-specific restoration plan identifies specific measures to control pollutants in storm water discharges after construction has been completed. General categories discussed include recontouring, replacement of topsoil , soil stabilization, seedbed preparation, seeding, transplanting and monitoring . A post-construction inspection of the pipeline will be conducted by monitoring personnel. 3.5 OTHER CONTROLS The following control measures and good housekeeping practices will be implemented to prevent or minimize potentially pollut ing construction materials from contact with storm water: • Water sprinkling will be implemented for control of airborne dust along the construction ROW and on unpaved haul roads and other graded traffic routes. T.opsoil and spoil storage piles will be sprayed , as needed, to minim ize the effects of wind erosion and to reduce fugitive dust. Conditions will be monitored throughout construction and the ROW will be re-sprayed, as needed ; • Regular disposal for garbage , rubbish, construction wastes , and sanitary waste will be maintai ned at all times during construction . Sanitary sewage facilit ies (portable 8 chemical toilets) w ill be provided at all work locations. Sanitary waste will be collected and removed for disposal at an appropriate licensed sewage disposal facility. No sewage will be buried, dumped or discharged to waters of the U .S. or state; • Storage areas that are protected from storm water runoff will be provided for chemicals, paints, solvents , fuel, lubricating oils, and other potentially toxic or hazardous materials ; • All hazardous m9terials or products will be properly contained and disposed of in accordance with applicable laws, rules, and regulations. No wastes of imported materials will be buried , dumped or discharged to waters of the U.S. or state; • Equipment will not be refueled or lubricated within 100 feet of any waterway or wetland . Chemicals, paints, solvents, fuel, lubricating oils, and other potentially toxic or hazardous materials will not be stored with in 100 feet of waterways or wetlands; • Any spills of liquid or dry materials that have occurred will be promptly cleaned up . Spills of toxic or hazardous material will be reported to the appropriate state or local government agency; • If any measurable quantity of sediment is discharged from the ROW as a result of structural failure or lack of designed capacity of temporary erosion control measures, the sediment will be cleaned up as soon a practicable and replaced on the ROW or properly disposed of in a manner approved by the general permit; • Gravel/stone ramps will be installed at access points to public roadways to prevent or minimize tracking of mud, dirt, sediment, or similar materials onto the roadway. Deposits that have been tracked by vehicles or have been transported off the ROW by wind or storm water will be promptly cleaned up; • Construction equipment and vehicles will be inspected for leaks, and necessary repairs will be made before returning the equipment to service. All equipment will be cleaned and inspected and no leaking equipment will be allowed within the waterway ; and • Wash-down areas protected from storm water runoff will be provided for construction equipment and vehicle cleanup . Hazardous materials and petroleum products to be used in construction of the pipeline are limited to fuel for construction equipment and vehicles as well as small quantities of pa ints and solvents . A plan has been developed by CANYON in the event that a previously unreported or unant icipated hazardous waste or contaminated site is d iscovered during construction . 4.0 APPROVED STATE AND LOCAL PLANS This plan is consistent with the requ irements specified in applicable sediment and erosion plans or permits approved by state or local agencies . Th is plan will be updated as necessary to remain consistent with any changes applicable to protection of surface water resources in site 9 plans or permits approved by state or local agencies for which the pe rmittee has received written notice. 5.0 MAINTENANCE ' .. The subcontractor awarded construction will be responsible for the imp lementation and maintenance of this plan . Canyon's designated El will be responsible for ensuring that the construction subcontractor is in compliance with this plan. Maintenance of erosion control measures will be performed on an as-needed basis based on the results of inspections conducted at the site. All erosion and sediment controls and other protective measures ident ified in this plan will be maintained in effective operating condition . If site inspections indicate that BMPs are not operating effectively, maintenance will be performed promptly , before the ne xt antic ipated storm event, to maintain continued effectiveness of storm water controls. 6.0 INSPECTIONS r::·,_·-..... - During construction, qualified personnel (provided by the permittee) will inspect disturbed areas, structural control measures , and locations where vehicles access the ROW at least once every 7 calendar days and within 24 hours of any precipitation or snow melt event that exceeds 0.5 inches. During stormy periods or periods of snow melt when runoff occurs daily, all erosion control facilities will be inspected by or under the direction of the permittee daily. Storm water runoff discharges will be visually monitored at the above frequency to evaluate the effectiveness of the pollution control facilities or practices. If any measurable quantities of sediment are leaving the property, corrective action to minimize the discharge of sediments will be taken within 24 hours of discovery or as soon as weather or ground surface conditions will allow. An inspection report will be immediately prepared and s igned by the El following each inspection and will be certified in accordance with the Storm Water General Discharge Permit. Copies of the inspection reports will be retained at the construction site, except when the project is shut down for the season. During seasonal shutdown, copies of the inspection reports will be retained at the permittee's off-site office . A copy of the inspection form is located in Appendix D. An "Incidence of Noncompliance" report will be completed by the El for any violation of the storm water pollution prevention plan observed during any inspection conducted . The reports will include information on the cause on noncompliance, the corrective action taken to prevent further causes of noncompliance, and a statement detailing any environmental impact that may have resulted from the noncompliance . After final stabil ization of the construction project and it has been determ ined by the El the project area has regained 70% of the background cover, a Notice of Termination (NOT) can be filed for the NPDES permit. A NOT is included in Appendi x E. Copies of all rec ords and information resulting from monitoring activities required by this perm it will be re tai ned by Canyon for a minimum of 3 years. 10 7.0 NON-STORM WATER DISCHARGES ,-~ . I .'~ _ .. ·;- The project will require hydrostatic testing after the pipeline segment is installed to assess integrity. Trench dewatering may also be necessary from contact with groundwater or from storm events. 7.1 HYDROSTATIC TESTING Pipeline facilities are to be tested for integrity with a pneumatic test. No test water is needed for this test. If hydrostatic test water were to be used for this pipeline, and the water is discharged onto the ground, the test water will be filtered through a straw bale structure or a similar devise to dissipate hydraulic energy, minimize erosion, and remove some sediment. No additives such as drying agents, rust inhibitors, or other chemicals will be added to the test water. Canyon will obtain a permit from the COP HE for hydrostatic test discharge and will adhere to all regulations. 7.2 TRENCH DEWATERING The pipeline will be lowered into a trench that is free of standing water. In the event that groundwater or storm water is encountered during construction within the ROW of the two pipeline segments, dewatering of the excavated areas or trenches will be required. Portable water pumps will typically be used at various locations along the ROW as needed for dewatering. Where water is pumped from the trench, it will be disposed of in such a manner to avoid flooding and erosion of land both on and off the ROW. Dewatering structures will be placed at the discharge point to control scour and associated runoff sedimentation. Trench dewatering discharges will be infrequent, if any, and will be discharged in the same manner as was previously described for hydrostatic test water discharges. Because the source of the trench water will be groundwater or storm water, the water quality is likely to be comparable to the groundwater at the site, with the addition of sediments from the project- related ground disturbances. II STORM WATER POLLUTION PREVENTION PLAN CERTIFICATION Canyon Gas Resources, Inc 7400 E Orchard Rd, Suite 270 Englewood, CO 80111 Office: 303-222-6204 Fax: 303-222-6206 CERTIFICATION STATEMENT "I certify under penalty of the law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. I also confirm that a storm water pollution prevention plan (SWPPP) has been completed, will be maintained at the project site from the start of construction activities, and that the SWPPP will be compliant with any applicable local sediment and erosion control plans. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information. including the possibility of fines for knowing violations." Signature: ,/'f2 -. -~\, ~ ,'\J"----... I ~PETERS ' Canyon Gas Resources, Inc 7400 E Orchard Rd, Suite 270 Englewood, CO 80111 1 Datd 12 CONTRACTOR'S CERTIFICATION Canyon Gas Resources, Inc 7400 E Orchard Rd, Suite 270 Englewood, CO 80111 CONTRACTOR CERTIFICATION STATEMENT "I certify under penalty of the law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) General Permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification." Contractor (Name, Title and Company): Date Subcontractor (Name, Title and Company): Date Subcontractor (Name, Title and Company): Date Subcontractor (Name, Title and Company): Date 13 ' . APPENDIX A I Location Map APPENDIXB I !3est Management Practices -..,_ ·--'"" STOR.Jv!W ATER POLLUTION PREVENTION PLAN EXHIDITB I PROBABLE BMP STRUCTURES Section 36, T7S-R96W -- _, '·- i t / ·------·:.,/ .--j STORMW ATER POLLUTION PREVENTION PLAN EXHIBIT B PROBABLE BMP STRUCTURES Section 31, T7S-R95W ...... .... l .. STORMW ATER POLLUTION PREVENTION PLAN EXHIBITS ...... .. PROBABLEBMPSTRUCTURES Section 30, T7S-R9SW .... ·--- -. -. !i f; ' .. -... . . ,-.,_ ... .. ... -.~~·· -·· . ·· 5&00 "'r .. •· ' ' .,.· · .. . , ·., ( PROPOSED SILT FENCE J STORl\I!W ATER POLLUTION PRBVENTION PLAN EXHIBITB PROBABLE BMP STRUCTURES Section 29, T7S-R95W ·. -· J ~-. -•• SROUTB STOR.J\fW A TER POLLUTION PREVENTION PLAN EXHIBITB PROBABLE B!vfP STRUCTURES Section 20, T7S-R95W /• '\·· ... -..-.. { .. . . > ~~~L-• r' . :":· ·-: ' STORMW ATER POLLUTION PREVENTION PLAN EXHIBITS .. ,- /. .. PROBABLE BMP STRUCTURES Section 16, T7S-R95W ... ' ) , •,,,\ I / • ..!' •• •• -....... / • .a__ --.... ' ·., ~V/ ,.., X) i .~ ' ' . ' ' ·, \ ,. ! r STOR!v!W ATER POLLUTION PREVENTION PLAN EXHIBITB PROBABLE BMP STRUCTURES Section 15, T7S-R95W \.:·. •,' --·. -: .. , . '·. .. •' ·, ' --~ .. ~. ---.. --. • .. -~· . ' ,. , . .. I -. '• '·· ... ...,_ , I ., . ···-, ... a·..,~ . -¥~""-"'!-:· ... ~... •, ._,. · ... STORMWATER POLLUTION PREVENTION PLAN EXHIBITB PROBABLE BMP STRUCTURES Section 14. T7S-R95W .. ·-WeU 11-48 Proposeil • '• .--. . .. -· .. NO TIES: FIELD 2 LAYERS 3/16' THK. ROCKSHIELD ON TOP 1/3 OF PIPE DETERMINE SECTION 'B-B' AVG. SLOPE (') SPACING (S) LESS THAN 1 0' NONE 10' -15' 500' 15' -20' 300' 20' -30' 150' GREA TIER THAN 30' NOTIE #1 SECTION "A-A" 1. FOR SLOPES GREATIER THAN 30', USE SPACING SHOWN ON ALIGNMENT SHEETS OR INDIVIDUAL DESIGN DRAWINGS. 2. BREAKERS SHALL BE INSTALLED AT SHARP CHANGES OF SLOPE (€5') ALONG TIRENCHLINE AND AT LOCATIONS WHERE THE NATURAL DRAINAGE PAffiRNS, PROFILE OR BACKFILL MATIERIAL WILL CAUSE THE TIRENCH TO ACT AS A DRAIN. 3. BREAK1R ~ACING TO BE MEASURED ALONG TIRENCH BOTIOM AND RECALCULA TIED FOR DISTINCT CHANGES IN A VIERAGE SLOPE €5'. 4. BREAK R HALL BE FORMED USING ONE CUBIC FOOT, ONCE USED BURLAP SACKS HALF FILLED WITH ROCK FIREE EARTH. 5. TIRENCH AND BACKFILL REQUIREMENTS SHALL BE PER DRAWING DG 4.3.7. . 6. PAYMENT FOR BREAKERS IN TIRENCH (OTHER THAN AT CANAL CREEK OR RIVER CROSSINGS) SHALL BE BY UNIT BREAKER PRICE. ·· 7. OWNER MAY SPECIFY POLYURETHANE FOAM BREAKERS IN LIEU OF EARTH FILL SACK BREAKERS. PAYMENT SHALL BE IN ACCORDANCE WITH CONTIRACT UNIT PRICE PER BREAKER. TRENCH BREAKER TRIGONc~-t: II :1 I M~ I ENGINEERS & CONSTRUCTORS PREPARED BY TRCHBKR IIRAIIN B¥. JKR ..,.V"~"" EXISTING STABLE VEGETATION OR STAKED STRAW BALES OR SILT FENCE, PLACED PARALLEL TO CONTOUR. (WHERE SPECIFIED) --~ ""~ ... ~ NOTE: - - 1. ROCK ARMOR SHOULD SERVE TO DISSIPATE FLOW BUT NOT BLOCK FLOW 2) CLEAN OUTLET ARMOR Or SEDIMENT TO PREVENT LOSS Or FUNCTION. CROSS-SECTION ROCK OUTLET ARMORING (WHERE SPECIFIED) .,..-,_ (f) 0::: <( m 0::: w f- <( s "" (f) _j w z z <( I u 0::: 0 f- Q_ w u 0::: w f- z f- z w z <( 2 0::: w Q_ ENOS OF SEDIMENT BARRIERS TURNED UPSLOPE * ~ * SCAL£, NONE REVISION OA TE: •• • '/If'~~~~-ecfJi ---... * _,, - ~ *~-*~ ~ -- ...., * _, ~-- * ':::'---t.~~ - * METAL OR WOODEN---f-- POST OR STAKE - ATTAOi FABRIC TO POST OR STAKE MTH flE MRES OR STAPLES. FILTER FABRIC SILT FENCE OET AIL SILT FENCE DRAIW< BY: JLC DATE ORAIW<' 7/21 /00 FILE NAME' ASIL TFNC :l~·••=ril~l PREPAR£0 BY TRIGON CSIDT R u c T 0 R s & CONS ENGINEERS R£~ A W£Nl SCALE: NA SIEeJ..EXCAVATE THE TRENCH SJEe...i. BACKFILL AND COMPACT THE EXCAVATED SOIL. "& 2"X2"X36" STAKES STAKED & ENTRENCHED----- STRAW BALE COMPACTED SOIL TO PREVENT PIPING (ANCHOR SEDIMENT LADEN RUNOFF~ !illU PLACE AND STAKE STRAW BALES. :illU WEDGE LOOSE STRAW BETWEEN BALES. BINDING WIRE OR TllnNE rFILTERED RUNOFF CROSS SECTION A-A DESCRI'nat STRAW BALE BARRIERS RE•SDN DAlE: IXlAIN B>. J..C DAlE DRAIN: 7/21/00 fli NAME: ASTRI'I!JL REV: A PREPARED BY TRIGONC%·•uuunn1~1 ENGINEERS & CONSTRUCTORS ,·, ' '. TYPICAL DEV~'" TERING STRUCTURE DG 4.3.30 - L I w STEP 1: ARRANGE STRAW BALES ON LEVEL GROUND llGHTLY PACKED AS SHOWN. STEP 2: INSTALL ANOllHER LAYER OF STRAW BALES ON llHE OUTER EDGE AS SHOWN. STEP 3: INSTALL SILT FENCE ALL AROUND STRUCTURE AS SHOWN. STEP 4: INSTALL ANOTHER LAYER OF STRAW BALES ON THE OUTSIDE OF SILT FENCE AND SECURE BY DRIVING STAKES llHROUGH EACH LAYER OF llHE BALES. DESCRJP~ON ISSUED FOR DESIGN ENGINEERS & CONSTRUCTORS C!iECJ<ED DATE APPR0 1m DOCU\JENT h\IYBER ESIGN GUIDE 4.3. 3 DATE 0 ' APPENDIXC I Inspection F OID! REPORT FORM FOR STORM WATER CONTROL INSPECTIONS Facility Name: _______________ _ Date: ___________ _ For each measure described in the Storm Water Prevention Plan, describe the observed status of implementation of the measure, including those measures completed, in progress, or not begun, and the degree of compliance with the Storm Water Prevention Plan. Describe actions taken to remedy any measures that were not in compliance with the Storm Water Prevention Plan. Signature: ____________ _ Name of Inspector: ____________ _ Qualifications of Inspector: If no incidents of non-compliance were noted, indicate by signing below the facility is in compliance with the Storm Water Prevention Plan and the General Permit. Signature: ____________ _ APPENDIXD I Inactivation Notice Colorado Department of Public Health & Environment Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Dem·er, Colorado 80246-1530 FOR AGENCY USE ONLY REC EFF ________ _ YEAR MONTH DAY INACTIVATION NOTICE FOR CONSTRUCTION STORMWATER DISCHARGE GENERAL PERMIT CERTIFICATION Please print or type, Form must be filled out completely. Certification Number: COR-03 ___________ Taxpayer ID or EIN ------- Permittee (Company) Name: CANYON GAS RESOURCES, INC. Permittee Address: 7400 EAST ORCHARD ROAD, STE. 270 ENGLEWOOD. CO 80 Ill Phone No. (303) 222-6204 Site/Facility Name: SOUTH PARACHUTE PIPELINE PROJECT Construction Site Address/Location: N/ A County: GARFIELD. CO Contact Person: BRIAN PETERS Summary of work performed and description of final site stabilization: ------------ I certify under penalty of law that by the date of my signature below, a11 disturbed soils at the identified construction site have been finally stabilized; all temporary erosion and sediment control measures have been removed; all construction and equipment maintenance wastes have been disposed of properly; and all elements of the Stormwater Management Plan have been completed. I understand that by submitting this notice of inactivation, I am no longer authorized to discharge stormwater associated with construction activity by the general pennit. I understand that discharging pollutants in storrnwater associated with construction activities to the waters of the State of Colorado, where such discharges are not authorized by a COPS pennit, is unlawful under the Colorado Water Quality Control Act and the Clean Water Act. I certify under penalty of law that I have personally examined and am familiar with the infonnation submitted herein, and based on my inquiry of those individuals immediately responsible for obtaining the infonnation, I believe that the infonnation is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. (See 18 U.S.C 1001 and33 U.S.C. 1319.) Signature of Permit Applicant (Legally Responsible Party) BR!Al"' PETERS Name (printed) 9/97/cn/in Date Signed Title Garfield County BUILDING & PLANNING DEPARTMEN T August 12, 2003 RECEIVED AU G 1 2 200 3 GARFIELD COUNTY BUtlDING & PLANN ING Rob Thompson Trigon Sheehan 126 Rock Point Drive, Suite B Durango, CO 81301 RE: Canyon Gas Resources Special Use Permit South Parachute Pipeline project Dear Mr. Thompson: Thank you for the valid development application submitted to this office on behalf of Canyon G as Resources, Inc. on August 8, 2003. The purpose of this letter is to notify you that the application has been deemed technically non-compliant for the following reasons: 1. In accordance to Item 1 under section I of the application, please provide the following additional information with respect to the proposed use: (, a. b. Please describe the reason for installing the pipeline. Please provide additional information regarding the proposed 8" gas pipe line and the above ground structures, i.e. g ener al location of the structures, diameter of the pipeline, length, route, etc. c . Please provide a timeline of construction. It a ppears that construction will start October 1, 2003, when will construction finish? d . Please describe what is meant, under the hours of operation, by Sun up and Sun down. More definitive hours should be provided. Are you anticipating that the 6 days of week will be Monday through Saturday? e. In the attached "Construction Considerations I Requirement s" document it states that the easement will be reseeded with "pure live seed". Please provide the proposed seed mix to be use. You may want to contact the Garfield County Vegetation Manager to determine if the proposed seed mix is appropria te as per the Garfield County Vegetation Management Plan . A Reclamation Plan of the easement should be submitted. £ Where will the staging areas for the construction of the pipeline take place? Please note that a Stormwater Permit from the Colorado Department of Public Health and E nvironment may be required. Should this be the case, this Permit shall be obtained prior to the processing ofthis application. g. y Will water and toilets facilitie s be provided to the pip eline construction employees? Ple as e describe . 108 8th Street, Suite 201 , G lenwood Sp r ing s, Co lorado 81601 (970) 945-82 12 (9 70) 285-79 72 Fax: (9 70) 384-34 70 ) ENG IN EE R S & CO N S TRU C TOR S August 7, 2003 Garfield County Building & Planning Department 108 81h Street, Suite 201 Glenwood Springs, CO 81601 Attn: Tamara Pregl Your Pipeline To The Future Re: A Special Use Permit for the Canyon Gas Resources South Parachute Pipeline Project Dear Tamara, Canyon Gas Resources, Inc. is proposing to construct and install an 8" low pressure natural gas gathering pipeline in Garfield County. This pipeline would be approximately 8 .2 miles long and will be located near the Town of Parachute just south of Interstate 70. Canyon Gas has obtained easements for private landowners along the route with the exception of TBI Production Company. TBI has a small tract of land on the west end of the pipeline and is currently in the process of signing an easement for this project. The natural gas that this pipeline will carry will come from several of TBI's wells in this area. The BLM has tentatively approved the project and will issue a grant of easement on its portion sometime in August or early September. We have obtained a Nationwide 12 permit from the Army Corps of Engineers for all water crossings. I am submitting a topo map with the proposed pipeline route, county roads, and surface landowners on it. I am also submitting a County Assessor's plat of the area with the pipeline route drawn in , and all mineral & surface owners. The following is more detailed information concerning installation and the time frame required per County 'Application Submittal Requirements'. 1.1 . Initial Construction : C-onstruction Start date: October 1, 2003 Hours of Operat ion: Sun up to Sun down-6 days per week Number & type of equipment: 1 0 -o/4 ton trucks 3 -Truck Mounted Welding Rigs 2-Track Hoes 2 -Side-booms 1 -Bending Machine 1 -Ditching Machine 1 -Water Truck 1-Dozer Above Ground Structures: No buildings 4 Valve Risers 1 Pig Launcher 1 Pig Receiver Cathodic Protection: We will install buried sacrificial anodes. No electricity needed. RECEIVED AUG 0 R ZU03 GARfiElD COUNTY fJUlDING & PLANNING See enclosed Exhibit "B" for standard Canyon Gas 'Construction Considerations/Requirements'. DENVER T U L S A DURANGO TRIGON 1: I=-=-: ~1~1 Your Pipeline To The Future ENG I NEERS & CONSTR U C T O R S (Application Submittal Requirements-Continued) Operation & Maintenance: 1 % ton truck once per week (typical) 1.2 No water will be used with the exception of the water truck which will be used for fire protection . 1.3 Included 1.4 Included 1.5 Included 1.6 A copy of the vesting deed for each fee owner and a copy of the easement granted to Canyon by each fee owner (with the exception of TBI Production Co. which will be obtained in approximately 1 week) is included . 1.7 The easement provided in section 1.6 will show approval by the fee owners . 1.8 (1) During construction of the pipeline, port-o-potties will be provided for the crew. Potable water will also be provided for the workers. (2) Traffic control signs will be provided per County regulations. 1.10 Included OTHER INFORMATION: There will no significant dust or noise . Vehicular traffic will be along county roads , existing landowner roads, and the right-of-way that has been obtained . Reclamation of the constructio area will be per each lancfowner request and will include re-contouring the surface and re-seeding. Any temporary storage of equipment will only be in the obtained right-of-way or temporary use areas granted by each landowner. Please contact me as soon as possible if any other information is needed. Thanks for your help on this project Tamara . Rob Thompson As Agent for Canyon Gas Resources, Inc . 970-946-2495-Cell 970-385-91 00 X 30 Office 970-385-9107 FAX DENVER T U L S A DURANGO dct-03-02 12:45P J . ·' bourn, Jr. & Co. EXHlBTT "B" . 303. ; I 1-8980 CONSTRUCTION CONS IDERAT!ONS I REQUTRFMENTS 1. Park on the co nstruction easement not on th e gra~s . 2. Reseed with pure live seed. 3. Pick up all trash whether you drnpped it or not. 4. Maintain all equipment in the shop, not on the mnge. 5. Conduct operations only in dry conditions not mud. 6 . Park any and all unused equipment on the RJW . 7 . Place co nst ruction materials on the casement. 8. It will be Grantees re s ponsibility to monitor noxious weeds and take correc tive action where needed . 9. Leave ga tes as they are found. 10. Close, fence, or guard all open hole s, line s, or ditches iflivestock are present 11 . Stop w hen asked . 12. Use only land owner pr e-approved private roads . 13 . No guns. dogs, alcohol, or dn!gs 14 . Remove all rock du g up during construction off landowner's property or to a landowner pre-approved dump lo cation .. 15. Maintain a temporary irrigation system on any hay field s being irrigat~d during constntction, and compact the trench line s uffi cient enough to restore existing flood irrigation sys tem to as close to like co ndition as po ss ibl e. 16. Grant ee shall he liable for providing suppl emental ha y feed to landowner for an y Jo ss of hay crop ca use d by construction. P.05 ' . REPLY TO AITENTION OF DEPARTMENT OF THE ARMY U.S . ARMY ENGINEER DISTR ICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 July 16, 2002 Regu latory Branch (200275328) Mr. John Obourn, Jr. J .L. Obourn , Jr. & Company 2773 West Long Drive Littleton, Colorado 80120 Dear Mr. Obourn: We are responding to your request for a Department of the Army permit to cross three drainages with the Bentley Pipeline. The project is l ocated at Dry, Cottonwood, and Battlement Creeks, near the Town of Parachute with in Sections 1, 8, 15, and 30, Township 7 South, Range 95 West, Garfield County , Co l orado. The Chief of Engineers ha s i ssued nationwide general permit number 1 2 whi ch authorizes the discharge of dredged o r fill material in waters of the United States for utility crossings . We have determi n ed that your project will not affect threatened or e ndangered species protected by the Endangered Species Act. Your projec t can be constructed under this authority provide d the work meets the conditions li sted on the enc l osed information sheets and the foll o wing Special Conditions: 1) All work must be done "in the dry". 2) You must supply this office with before and after photos upon completion of the project. You must send a signed letter of certification to the Corps of Engineers· w-i thin 3 0 days afte::::-c o mpl2ticn of the ·{,;crk (see general condit i on number 14). A copy of t h e certification statement is inc luded for your u se. This veri ficati o n is va l id until Jul y 1 6, 2004. If you have not completed your project by that time, you should contact the Corps of Engineers to o btain information on any changes whi ch may have occurred to the nationwide permits. You are responsible for remaining informed of such changes and for ensuring that all contractors and construction personnel are familiar with the terms and conditions of this permit . r r -2- We have assigned number 200275328 to your project. Please refer to this number in any correspondence with this office. If you have any questions, please contact Nathan Green of this office at telephone number (970) 243-1199, extension 12 or the address below. Enclosures Copy Furnished: ~~Y~·~~~.A Ken a obson Chief, Colorado/Gunnison Basin Regulatory Office 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 ~ klrf/< CtLFrt.LI4t-.J '/70 · e:..r ts-. Mr. Mark Bean, Garfield County, 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 r COMPLIANCE CERTIFICATION Permit File Number: 200275328 Permit Type: NATIONWIDE 12 N~e of Permittee: J.L. Obourn, Jr. & company 2773 West Long Drive, #B Littleton, Colorado 80120 County Where Work was Performed: Garfield Date of Issuance: July 16, 2002 Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: Colorado/Gunnison Basin Regulatory Office u.s. Army Corps of Engineers, Sacramento District Wayne N. Aspinall Federal Building 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Please note that your permitted activity is subject to' a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of the permit your authorization may be suspended, modified, or revoked. If you have any questions about this certification, please contact the Corps of Engineers office in Grand Junction, telephone number (970) 243-1199, extension 14. * * * * * * * * * I hereby certify that the work authorized by the above-referenced permit, including all the required mitigation, was completed in accordance with the terms and conditions of the per.mit verification. Signature of Permittee Date m Nationwide Permit Region~l u.s. Army Corps Conditions in Colorado of Engineers Albuquerque District REGIONAL CONDITIONS TO NATIONWIDE PERMITS IN THE STATE OF COLORADO feclive Date: June 21, 2001 {.._iJional Conditions Applicable to Specific Nationwide Permits Within Colorado 1. The following statewide regional conditions (a. lhru f.) and revocation (g) apply in Colorado: a. Nationwide Permit No. 13 Bank Stabilization. In Colorado, bank stabilization activities necessary for erosion prevention in streams that average less than 20 feel in width (measured between the ordinary high water marks) are limited to the placement of no more than 1/4 cubic yard of material per running foot below the plane of the ordinary high water mark. Activities greater than 1/4 cubic yard per running foot may be authorized if the permittee notifies the District Engineer in accordance with the General Condition 13 (Notification) and the Corps determines the adverse 1vironmental effects are minimal. ( gional Conditions Applicable to All Nationwide Permits Within 'colorado b. Removal of Temporary Fills. General Condition No. 24 (Removal of Temporary Fills) is amended by adding the following: When temporary fills are placed in wetlands in Colorado, a horizontal marker (i.e., fabric, certified weed-free straw, etc.) must be used to delineate the existing ground elevation of wetlands that will be temporarily filled during construction. c. Important Spawning Areas: General Condition No. 20 (Spawning Areas) is amended by adding the following: In Colorado, activities which: (a) would destroy important spawning areas; (b) would be conducted in these waters during spawning seasons lor trout and kokanee .• man (spawning season for rainbow and cutthroat trout is from Marc through July 15, and for brown and brook trout and kokanee salmon is tram September 15 through March 15); or (c) would have greater than minimal release of sediments during these spawning seasons are not authorized by any nationwide permit. Bio-engineering techniques, such as native riparian shrub plantings are required for all bank protection activities that exceed 50 linear feel in important spawning areas. Important spawning areas are identified in the allached list of critical resource waters in Colorado. Regional Conditions for Revocations Specific to Certain Geographic Areas d. Fens: In Colorado, nationwide permits No. 1, 2, 4, 6-11, 13-19, 21-26, 28-31, 33-36, 39-44 are revoked for activities in these regionally important aquatic resources. Fens are defined as wetlands which are characterized by water logged spongy ground and contain (in all or part) soils classified as histosols' or mineral soils with a histic epipedon'. To determine whether this provision applies, the entire wetland must be examined for the presence of histosols or hislic epipedons. 'Histosols have 40 centimeters (16 inches) or more of the upper 80 centimeters (32 inches) as organic soil material (or less over bedrock). Organic soil material has an organic carbon content (by weight) of 12 to 18 percent, or more, depending on the clay content of the soil. His tic epipedons have a 20 to 60 centimeter-thick (8-24 inches) organic soil horizon that is at or near the surface of a mineral soil. Histosols and histic epipedons are widely recognized as organic soils formed by slow accumulation of plant debris in waterlogged situations where it cannot decompose. (More information on histosols can be obtained from the U.S. Department of Agriculture, Natural Resources Conservation Service publications on Keys to Soil Taxonomy and Field Indicators of Hydric Soils in the United Stales). e. Springs: Within the Slate of Colorado, all NWPs are revoked within 100 feet of the water source of natural springs. A spring source is defined as any location where ground water emanates from a point in the ground. For purposes of this regional condition, springs do not include seeps or other discharges which do not have a defined channel. f. Boulder County, Colorado, all NWPs are revoked within the area known as the Sombrero Marsh. This determination includes all new or revised nationwide permits. g. Central City and Black Hawk: By this notice the Omaha District, Nationwide P, .... lt Regional Conditions in Colorado June 21, 2001 Enclosure 1 CRITICAL RESOURCE WATERS IN COLORADO In accordance with General Condition No. 25 (Designated Critical Resource Waters) the following waters within the State of Colorado are designated as critical resource waters: a. Outstanding Natural Resource Waters Cache La Poudre Basin: All tributaries to lhe Cache La Poudre er System. Including all lakes and reservoirs, which are within Rocky ..... >Unlain National Park; L· Laramie River: All tributaries Ia the Laramie River system. Including all lakes and reservoirs, which are in the Rawah Wilderness Area; North Fork of the Gunnison River: All tributaries to the North Fork of the Gunnison River system. Including all lakes and reservoirs, which are in the West Elk and Raggeds Wilderness Areas; North Platte River: All tributaries to the North Platte River and Encampment Rivers. Including all lakes and reservoirs, which are in the Mount Zirkle Wilderness Area; San Miguel River: All streams, lakes, reservoirs, and wetlands within the boundaries of the Lizard Head and Mount Sneffels Wilderness Areas: 1 Roaring Fork River: All tributaries to the Roaring Fork River !>,.... dm. Including all lakes and reservoirs within the Maroon Bells/Snowmass Wilderness Area; Uncompahgre River: All tributaries to lhe Uncompahgre River. Including all wetlands, lakes, and reservoirs, which are within the MI. Sneffels and Big Blue Wilderness Areas; Upper Arkansas River Basin: All streams, wetlands, lakes, and reservoirs within the Mount Massive and Collegiate Peaks Wilderness Area; Upper Colorado River: Mainstem of the Colorado River. Including all tributaries, lakes, reservoirs wilh the Rocky Mountain Nation Park, or 3 which flow into Rocky Mountain National Park; Upper Gunnison River Basin: All tributaries, including lakes, reservoirs, and wetlands within the La Garita Wilderness Area. All tributaries to the Gunnison River, including lakes, reservoirs, and wetlands within the West Elk, Collegiate Peaks, Maroon Bells, Raggeds, Fossil Ridge, Oh-be-Joyful, and Big Blue Wilderness Areas; While River: Trapper's Lake. Including all tributaries to Trapper's Lake; Yampa River: All tributaries to the Yampa River. Including lakes and reservoirs, which are within the Zirkle Wilderness Area b. Important Spawning Areas: In Colorado, important spawning waters are defined as "Wild Trout Waters" as identified by the State of Colorado. Wild Trout Waters are listed in the Colorado Fishing Season Information brochure, on the Colorado Division of Natural Resources website at www.dnr.state.co.us, or a list can be obtained from any Corps office in Colorado. Wild Trout Waters include parts of lhe: Cache La Poudre, Cascade Creek, Cocketopa Creek, Conejos River, Eats River, Emerald Lake, Gunnison River, Lake Fork of the Conejos, Laramie River, Los Pinos Creek, Middle Fork of the South Platte River, North Platte River, North St. Vrain Creek, Osier Creek, Roaring Fork River, South Platte River, Tarryall Creek and Trappers Lake. US Army Corps of Enyinaers Sacramento District Nationwide Permit Summary 33 CFR Part 330; Issuance of Nationwide Permits-January 15, 2002 12. Utility Line Activities. Activities required for the construction. maintenance and repair of utility lines and associated facilities in waters of the US as follows: (i) Utility lines: TI1e construction, maintenance, or repair of utility lines, including outfall and intake structures and the associated excavation, backfill, or bedding for tl1e utility lines, in alt waters of the US, provided there is no change in prcconstruction contours. A "utility line" is defined as any pipe or pipeline for tl1e transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable. line, or wire for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and radio and television conununication (see Note 1, below). Material resulting from trench excavation may be temporarily sidecast (up to tluee montl1s) into waters oftl1e US, provided tl1at the material is not placed in such a manner that it is dispersed by currents or other forces. TI1e District Engineer may ex'lend the period of temporary side :asting not to exceed a total of 180 days, where appropriate. In wetlands, the top 6" to 12" of the trench should normally be backfilled 1vith topsoil from the trench. Furtl1errnore, the trench cannot be constructed in such a manner as to drain waters of the US (e.g., backfilling witl1 extensive gravel layers. creating a french drain effect). For example, utility line trenches can be backfilled witl1 clay blocks to ensure that 01e trench does not drain U1e waters of the US Ouough which 01e utility line is installed. Any exposed slopes and stream banks must be stabilized immediately upon completion of U1e utility line crossing of each waterbody. (ii) Utility line substations: The construction, maintenance, or expansion of a substation facility associated with a power line or utility line in non-tidal waters of the US, excluding non-tidal wetlands adjacent to tidal waters, provided the activity does not result in 01e loss of greater tl1an '/,-acre of non-tidal waters of the US. (iii) Foundations for overhead utility line towers, poles, and anchors: TI1e construction or maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of the US, provided tl1e foundations are tl1e minimum size necessary and separate footings for each tower leg (ratl1er UUlll a larger single pad) are used where feasible. (iv) Access roads: The construction of access roads for the construction and maintenance of utility lines, including overhead power lines and utility line substations, in non-tidal waters of the US, excluding non-tidal wetlands adjacent to tidal waters, provided the discharges do not cause the loss of Cter than Y,-acre of non-tidal waters of tl1e US. Access roads shall be the minimum width necessary (see Note 2, below). Access roads must be constructed so that the lengti1 of the road minimizes the adverse effects on waters of the US and as near as possible to preconstruction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above preconstruction contours and elevations in waters of tl1e US must be properly bridged or culverted to maintain surface flows. TI1e term "utility line" does not include activities which drain a water of U1e US, such as drainage tile, or french drains; however, it does apply to pipes conveying drainage from anoti1er area. For ti1e purposes of this NWP, tl1e loss of waters of tile US includes the filled area plus waters of tile US that are adversely affected by flooding, excavation, or drainage as a result of the project. Activities authorized by paragraph (i) tlrrough (iv) may not exceed a total of Y,-acre loss of waters of the US. Waters of the US temporarily affected by filling, flooding, excavation, or drainage, where tl1e project mea is restored to preconstruction contours and elevation, is not included in the calculation of permanent loss of waters of the US. TI1is includes temporary construction mats (e.g., timber, steel, geotextile) used during construction and removed upon completion of U1e work. Where certain functions and values of waters of the US are permanently adversely affected, such as the conversion of a forested wetland to a herbaceous wetland in the permanently maintained utility line right-of-way, mitigation \viii be required to reduce the adverse effects of the project to the minimal level. Mechanized land clearing necessary for tlle construction~ maintenance, or repair of utility lines and the construction, maintenance and ex'jlansion of utility line substations, foundations for overhead utility lines, and access roads is autl10rized, provided tl1e cleared area is kept to tl1e minimum necessary and preconstruction contours are maintained as near as possible. TI1e area of waters of the US that is filled, excavated, or flooded must be limited to tl1e minimum necessary to construct the utility line, substations, foundations, and access roads. Excess material must be removed to upland areas inunediately upon completion of construction. Tllis NWP may authorize utility lines in or affecting navigable waters of tl1e US even if there is.no associated discharge of dredged or fill material (See 33 CFR Part 322). Notification: TI1e permittee must notifY the District Engineer in accordance witll General Condition 13, if any of the fol101ving criteria are met: (a) Mechartized land clearing in a forested wetland for.the utility line right-of-way; (b) A Section 10 permit is required; (c) TI1e utility line in waters of the US, excluding overhead lines, exceeds 500 feet; (d) TI1e utility line is placed 1vithin a jurisdictional area (i.e., water of the US), and it runs parallel to a stream bed that is 1vilhin that jurisdictional area; \l;.lionwide l2 Permit Summary r (c) Discharges associated wi01 01e construction of utility line substations Omt result in 01e loss of greater 01an 1/10-acre of waters of 01e US; or J Pennanent access roads constructed above grade in waters of the US for a distance of more than 500 feet. (g) Perm;ment access roads constructed in waters of the US with impervious nmterials. (Sections 10 and 404) Note 1: Overhead utility lines constructed over Section l 0 waters and utility lines 01at are routed in or under Section 10 waters wiOwut a discharge of dredged or fill material require a Section 10 penni!; except for pipes or pipelines used to transport gaseous, liquid, liquesccn~ or slurry substances over navigable waters of the US, which are considered to be bridges, not utility lines, and may require a permit from 01e USCG pursuant to Section 9 of the ruvers and Harbors Act of 1899. However, any discharges of dredged or fill material associated with such pipelines will require a Corps pcnnit under Section 404. Note 2: Access roads used for both construction and maintenance may be authorized, provided O~ey meet the tem1s and conditions of this NWP. Access roads used solely for construction of the utility line must be removed upon completion of the work and 01e area restored to preconstruction contours, elevations, and wetland conditions. Temporary access roads for :onstruction may be authorized by NWP 3 3. Note 3: Where the proposed utility line is constructed or installed in navigable waters of the US (i.e., Section I 0 waters). copies of the PCN and NWP verification will be sent by the Corps to 01e National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), for charting the utility line to protect navigation. A. General Conditions. The following general conditions must be followed in order for any authorization by an NWP to be valid: 0 I. Navigation. No activity may cause more than a minimal adverse effect on navigation. 0 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 0 3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in e!Ieetive operating condition during construction, and all "'oosed soil and other fills, as well as any work below the imry high water mark or high tide line, must be pennanenOy stabilized at the earliest practicable date. Pennittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. ~ Page 2 0 4. Aquatic Life lhv.ements. No activity may substantially disrupt the necessary life-cycle movements of those species of aquatic life indigenous to 01e waterbody, including those species that nonnally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 0 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 0 6. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by 01e Division Engineer (see 33 CFR 330.4(e)). Additionally, any case specific conditions added by U1e Corps or by the state or tribe in its Section 401 Water Quality Certification and Coastal Zone Management Act consistency determination. 0 7. Wild and Scenic Rivers. No activity may occur in a component of 01e National Wild and Scertic ruver System; or in a river officially designated by Congress as a "study river" for possible inclusion in 01e system, wllile 01e river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that U1e proposed activity will not adversely affect the Wild and Scenic ruver designation, or study status. Information on Wild and Scertic ruvers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 0 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 0 9. Water Quality. 0 (a) In certain states and tribal lands an individual 401 Water Quality Certification must be obtained or waived (See 33 CFR 330.4(c)). 0 (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 40 I certification (ei01er generically or individually) does not require or approve water quality management measures, U1e permittee must provide water quality management measures Umt wiil ensure that the authorized work does not result in more than minimal degradation of water quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than mirtimal adverse effect on water quality). An important component of water quality management includes stonnwater management that mirtirnizes degradation of the downstream aquatic system, including water quality (refer to General Condition 21 for stormwater management requirements). Another important component of water quality management is the establishment and maintenance of vegetated buffers next to open waters, including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs). ~ationw:de.12 Permit Summary r This condition is only applicable to pr<;Jects that have tllC potential to a1Ject water quality. Wllile appropriate measures must be taken, in most cases it is not necessary to conduct detailed studies to identify such measures or to require monitoring. 0 I 0. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see Section 330.4(d)). 0 11. Endangered Species. 0 (a) No activity is autlwrized under any NWP which is likely to jeopardize the continued existence of a tiueatened or endangered species or a species proposed for such designation, as identified under Ute Federal Endangered Species Act (ESA), or wluch will destroy or adversely modify the critical habitat of such species. Non-federal pemuttees shall notify the District Engineer if any listed species or designated critical habitat nlight be affected or is in Ute vicinity of Ute project, or is located in the designated critical habitat and shall not begin work on Ute activity until notified by the District Engineer that Ute reqllirements of the ESA have been satisfied and that the activity is authorized. For activities that may a1Ject Federally-listed endangered or tiueatened species or designated critical habitat, Ute notification must include the narne(s) of the endangered or tiueatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. As a result of formal or 'nformal consultation witlt Ute FWS or NMFS the District Engineer may add species-specific regional endangered species conditions to the NWPs. 0 (b) Authorization of an activity by a NWP does not autiwrize the "take" of a tlueatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, both lethal and non-leti!al "takes" of protected species are in violation of the ESA. !nfoml3tion on Ute location of tlueatened and endangered species and tltcir critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide web pages at http://\\ww.fws.gov/r9endspp/endspp.htrnl and http://mvw.nfms.gov/prot res/esaltome.htrnl respectively. 0 12. Ilistoric Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR Part 325, Appendix C. The prospective permittee must notify the District Engineer if Ute authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective pernlittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not ;in Ute activity until notified by the DisUict Engineer that the tcquirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on Ute location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g}). For activities ~ Page 3 that may affect historic P'operties Iisted in, or eligible for listing m, the Nai:!Onal Reg1ster of H1stonc Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating U1e location of Ute llistoric property. 0 13. Notification. 0 (a) Timing; where required by the terms of the NWP, Ute prospective pcmtittce must notify the District Engineer with a prcconstruction notification (PCN) as early as possible. Tite District Engineer must determine if the notification is complete witiun 30 days of the date of receipt and can request additional infoml3tion necessary to make the PCN complete only once. However, if the prospective pemuttee does not provide all of the requested information, then the District Engineer will notify the prospective pernlittee that the notification is still incomplete and the PCN review process will not commence until all of the requested information has been received by the District Engineer. Tite prospective pernlittee shall not begin the activity: D (!) Until notified in writing by the District Engineer that tl1e activity may proceed under Ute NWP \vitlt any special conditions imposed by the District or Division Engineer; or D (2) If notified in writing by the DisUict or Division Engineer that an Individual Permit is reqllired; or 0 (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer. Subsequently, the pernlittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance \vitlt Ute procedure set forth in 33 CFR 330.5(d)(2). 0 (b) Contents of Notification: Tite notification must be in writing and include the following information: D (I) Name, address and telephone numbers of the prospective permittee; 0 (2) Location of the proposed project; 0 (3) Brief description of Ute proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), Regional General Permit(s), or Individual Pernlit(s) used or intended to be used to authorize any part of the proposed project or any related activity. Sketches should be provided when necessary to show that the activity complies with ihe terms of the NWP (Sketches usually clarify the project and when provided result in a quicker decision.); ~ationW!dC .' 2 Permit Summary r 0 (4) For NWPs 7, 12, 14, 18, 21, J4, 38, 39, 41, 42, and 43, the PCN must also include a delineation of aJJected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, scagrass beds), and riffle and pool complexes (see paragraph IJ(f)); D (5) For NWP 7 (Outfall Structures and Maintenance), the PCN must include infonnation regarding U1e original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed; 0 (6) For NWP 14 (Linear Transportation Crossings), TI1e PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the US and a statement describing how temporary losses of waters of the US will be nlinimized to the maximum extent practicable; 0 (7) For NWP 21 (Surface Coal Milling Activities), · UIC PCN must include an Office of Surface Mining (OSM) or state-approved mitigation plan, if applicable. To be authorized by this NWP, U1e District Engineer must detennine that the activity complies with the tenns and conditions of the NWP and that the adverse environmental effects are minimal both individually and cumulatively and must notify the project sponsor of U1is detennination in writing; 0 (8) For NWP 27 (Stream and Wetland Restoration), the PCN must include documentation of tl1e prior condition of the site that will be reverted by U1e permittee; D (9) For NWP 29 (Single-Fanlily Housing), the PCN must also include: 0 (i) Any past use of this NWP by the Individual Permittee and/or the permittee's spouse; D (ii) A statement tllat tl1e single-fanlily housing activity is for a personal residence of the pemlittee; 0 (iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of U1is NWP, parcels of land measuring 1!.-acre or less will not require a formal on-site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than '!.-acre in size, fonnal wetland delineation must be prepared in accordance with the current meUwd required by the Corps. (See paragraph 13(!)); r Page 4 0 (iv) r. ,vritten description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee's spouse, witllin a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed; 0 (10) For NWP 3 I (Maintenance of Existing Flood Control Projects), the prospective permittee must either notify the District Engineer with a PCN prior to each maintenance activity or subnlit a five year (or less) maintenance plan. In addition, the PCN must include all of the following: 0 (i) Sufficient baseline infonnation identifying the approved channel depths and configurations and existing facilities. Minor deviations are autlwrized, provided the approved flood control protection or drainage is not increased; 0 (ii) A delineation of any affected special aquatic sites, including wetlands; and, D (iii) Location of the dredged material disposal site; D (ll)For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must also include a restoration plan of reasonable measures to avoid and mininlize adverse effects to aquatic resources; D (12)For NWPs 39, 43 and 44, the PCN must also include a written statement to U1e District Engineer e~']Jiaining how avoidance and minimization for losses of waters of the US were achieved on the project site; 0 (13)For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal to offset losses of waters of the US or justification explaining why compensatory mitigation should not be required. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine tllat the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the pennittee may proceed; Nationwide.J2 Permit Summary 0 (l4)For NWP 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal to oiTsellosses of waters of the US. Tltis NWP does not au~torize ~1e relocation of greater than 300 linear-feet of existing serviceable drainage ditches constructed in non-tidal streams unless, for drainage ditches constructed in intermittent non-tidal streams, the District Engineer waives this criterion in nTiting, and the District Engineer has detemtined ~ml ~lC project complies with all terms and conditions of U1is NWP, and Umt any adverse impacts of the project on the aquatic environment arc minimal, both individually and cumulatively; 0 (15)For NWP 43 (Stormwater Management Facilities). U1e PCN must include, for U1e construction of new storm water management facilities, a maintenance plan (in accordance with stale and local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of the US. For discharges Umt cause the loss of greater U1an 300 linear feet of an interntittenl stream bed, to be auU10rized, U1e District Engineer must detemtine that the activity complies with U1e oU1er terms and conditions of U1e NWP, detemtine adverse environmental effects are mininml both individually and cumulatively, and waive the lintitation on stream impacts in writing before U1e pem1ittee may proceed; 0 (16)For NWP 44 (Mining Activities). U1e PCN must include a description of all waters of U1e US adversely aiTected by the project, a description of measwes taken to minimize adverse effects to waters of the US, a description of measures taken to comply with U1e criteria of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities); 0 (17)For activities that may adversely affect Federally-listed endangered or threatened species, the PCN must include the narne(s) of those endangered or U1reatened species Umt may be affected by the proposed work or utilize the designated criticallmbital that may be affected by the proposed work; and 0 (l8)For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, U1e PCN must stale which historic property may be affected by the proposed work or include a vicinity map indicating U1e location of U1e historic property. 0 (c) Form of Notification: Tl1e standard Individual Permit application form (Form ENG 4345) may be used as U1e notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (l)-(18) of General Condition 13. A letter containing the requisite information may also be used. C P•ge S 0 (d) District .gineer's Decision: In reviewing the PCN for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to U1e public interest. Tl1e prospective pemtittee may submit a proposed mitigation plan with ti1e PCN to expedite U1e process. Tl1e District Engineer will consider any proposed compensatory mitigation U1e applicant has included in ti1e proposal in dctennining whcU1er tilC net adverse environmental eJJects to U1e aquatic environment of the proposed work arc minimal. If U1e District Engineer determines ti~at the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, U1e District Engineer will notify the pemtittee and include any conditions the District Engineer deems necessary. The District Engineer must approve any compensatory mitigation proposal before the pemtittee commences work. If the prospective pemtittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. If U1e prospective permittee elects to submit a compensatory mitigation plan wiU1 the PCN, the District Engineer will expeditiously review U1e proposed compensatory mitigation plan. The District Engineer must review the plan wiUtin 45 days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would enswe no more tilatl minimal adverse effects on Ute aquatic environment. If Ute net adverse effects of the project on U1e aquatic environment (after consideration of the compensatory mitigation proposal) are detennined by U1e District Engineer to be minimal, U1e District Engineer will provide a timely written response to the applicant. The response will state that U1e project can proceed under the terms and conditions of the NWP. 0 If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then the District Engineer will notifY the applicant either: 0 (I) U1at U1e project does not qualifY for authorization under U1e NWP and instruct the applicant on U1e procedures to seek authorization under an Individual Permit; 0 (2) tilUt U1e project is auti10rized under the NWP subject to U1e applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or .\/.alionw;dc _12 Permit Summary r 0 (3) that the project is auUwrizea under the NWP with specific modifications or conditions. Where the District Engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, Ute activity will be auUwrizcd within Ute 45-day PCN period. Tite auUwrization will include Ute necessary conceptual or specific mitigation or a requirement Utat Ute applicant submit a mitigation proposal Utat would reduce Ute adverse effects on Ute aquatic envirorunent to Ute minima! level. When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of Ute US will occur until the District Engineer has approved a specific mitigation plan. 0 (e) Agency Coordination: Tite District Engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance wiUt the tenns and conditions of the NWPs and the need for mitigation to reduce Ute project's adverse environmental effects to a minimal level. 0 For activities requiring notification to the District Engineer Utat result in the loss of greater Utan Y,-acre of waters of the US, Ute District Engineer will provide immediately (e.g., via facsimile transmission, overnight mail, or oUter expeditious manner) a copy to Ute appropriate Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if 1ppropriate, the NMFS). WiUt the exception ofNWP 37, Utese agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site-specific comments. If so contacted by an agency, Ute District Engineer will wait an additional 15 calendar days before making a decision on the notification. Tite District Engineer will fully consider agency comments received within the specified time frame, but \\ill provide no response to Ute resource agency, except as provided below. Tite District Engineer will indicate in the administrative record associated wiUt each notification Utat Ute resource agencies' concerns were considered. As required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act, Ute District Engineer \\ill provide a response to NMFS within JO days of receipt of any Essential Fish Habitat conservation recommendations. Applicants arc encouraged to provide the Corps multiple copies of notifications to expedite agency notification. 0 (f) Wetland Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less Utan '/.-acre in size). The permittee may ask the Corps to delineate the special aquatic site. Titere may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not start until the wetland delineation ltas been completed and submitted to the Corps, where appropriate. r Page 6 0 14, Compliance L,rtification. Every permittee who has received NWP verification from Ute Corps will submit a signed certification regarding Ute completed work and any required mitigation. Tite certification will be forwarded by Ute Corps with the authorization letter and will include: 0 (a) A statement Utat the auUtorized work was done in accordance with Ute Corps auUwrization, including any general or specific conditions; 0 (b) A statement Utat any required mitigation was completed in accordance with Ute permit conditions; and (c) Titc signature of the pemtittee certifying Ute completion of the work and mitigation. 0 15. Usc of Multiple Nationwide Permits. Tite use of more than one NWP for a single and complete project is prohibited, except when Ute acreage loss of waters of Ute US authorized by the NWPs does not exceed the acreage limit of the NWP with Ute highest specified acreage limit (e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization auUtorized by NWP 13, the maximum acreage loss of waters of the US for the total project cannot exceed 1/3 -acre). 0 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in Ute proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 0 17. Shellfish Beds. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting acti~ity auUtorized by NWP 4. 0 18. Suitable Material. No activity, including structures and work in navigable waters of Ute US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the CWA). 0 19. Mitigation. Tite District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment Uta! are more than minimal. 0 (a) The project must be designed and constructed to avoid and minimize adverse effects to waters of the US to the maximum extent practicable at the project site (i.e., on site). 0 (b) Mitigation in all its forms (avoiding, mjnitnizing, rectif}ing, reducing or compensating) will be required to the extent. necessary to ensure Utat Ute adverse effects to Ute aquatic environment are minimal. .\Ja!iomVJdc) 2 Permit Summary r 0 (c) Compensatory mitigation at a uunimum one-for-one mtio will be required for all wetland impacts requiring a PCN, unless the District Engineer determines in writing that some otl1er form of mitigation would be more 1vironmcntally appropriate and provides a project-specific waiver of tl1is requirement. Consistent witl1 National policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, witl1 preservation used only in exceptional circumstances. 0 (d) Compensatory mitigation (i.e., replacement or substitution of aquatic resources for tlwsc impacted) will not be used to increase the acreage losses allowed by t11e acreage limits of some of the NWPs. For example, '!.-acre of wetlands cannot be created to change a '/.-acre loss of wetlands to a Yo-acre loss associated witl1 NWP 39 verification. However, y,.acre of created wetlands can be used to reduce the impacts of a Yo-acre loss of wetlands to t11c minimum impact level in order to meet the minimal impact requirement associated with NWPs. 0 (c) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but arc not limited to: reducing tl1e size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed. 0 (f) Compensatory mitigation plans for projects in or ncar streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should consist of native species. 1l1e width of the vegetated buffers required will address documented water quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but t11e District Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the Corps "ill determine the appropriate compensatory mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where vegetated buffers are determined to be the most appropriate form of compensatory mitigation, the District Engineer may waive or reduce t11e requirement to provide wetland compensatory mitigation for wetland impacts. 0 (g) Compensatory mitigation proposals submitted with tl1e "notification" may be either conceptual or detailed. If conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of the US. Pnge 7 0 (h) Permittees may propose the use of mitigation banks, in-lieu fee arrangements or separate activity-specific compensatory mitigation. In all cases tlrnt require compensatory mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or complying wit11 tl1e mitigation plan. 0 20. Spawning Areas. Activities, including structures and work in navigable waters of tl1e US or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximwn extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not autlwrized. 0 21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow mtes). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless tl1e primary purpose of the fill is to impound waters) and t11e structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximwn extent practicable, provide for retaining excess flows from tl1e site, provide for maintaining surface flow rates from t11e site similar to preconstruction conditions, and provide for not increasing water flows from t11e project site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow. 1l1is condition is only applicable to projects that have tl1e potential to affect waterflows. Wlule appropriate measures must be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow. 0 22 Adverse Effects From Impoundments. If tl1e activity creates an impoundment of water, adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the restricting its flow shall be minimized to the maximum extent practicable. This includes structures and work in navigable waters of the US, or discharges of dredged or fill material. 0 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 0 24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and t11e affected areas returned to their preexisting elevation. Nation~~·iJ4: 12 Permit Summary r D 25. Designated Critical Resource Waters. Critical resource waters include, NOAA·designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic ll ;··crs, critical habik1l for Federally listed Urrealened and ngered species, coral reefs, state natural heritage sites, and outstanding national resource \Vaters or other waters officially designated by a state as having particular environmental or ecological significance and identified by U\C District Engineer a ncr notice and opportunity for public comment. l11e District Engineer may also dcsignilte additional critical resource waters artcr notice and opportunity for comment. 0 (a) Except as noted below, discharges of dredged or fill material into waters of U1e US arc not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity wiUtin, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the US may be auUwrized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. FurU1er, such discharges may be autl1orized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition I I and the USFWS or the NMFS has concurred in a determination of compliance with Utis condition. 0 (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance wiU1 General Condition 13, for any activity prop<'5cd in the designated critical resource waters including welbnds adjacent to those waters. The District Engineer may autlwrize activities under U1ese NWPs only after it is deterntined that the impacts to the critical resource waters will be no more than ntinimal. 0 26 Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year floodplains will be identified through the existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. 0 (a) Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the US within the mapped 100-year floodplain, below headwaters (i.e. live cfs), resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44. 0 (b) Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material into waters of the US within the FEMA or locally mapped flood way, resulting in permanent above·grade fills, are not authorized by NWPs 39, 40, 42, and 44. 0 (c) llle perntittee must comply with any applicable FEMA-approved state or local floodplain management requirements. r Page 8 0 27. Construction !'criod. For activities that have not been verified by the Corps and the project was commenced or under contract to commence by the expiration date of U1e NWP (or modification or revocation date), U1e work must be completed within 12-monUJs after such date (including any modification that affects the project). 0 For activities that have been verified and the project \vas commenced or under contract to commence within the verification period, U10 work must be completed by the dale determined by the Corps. 0 For projects that have been verified by the Corps, an extension of a Corps approved completion dale may requested. 11Lis request must be submitted at least one month before U1e previously approved completion date. B. Further Information I. District Engineers have authority to delemtine if an activity complies with the terms and conditions of an NWP. · 2. NWPs do not obviate the need to obtain otl1er Federal, stale, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not autlwrize interference with any existing or proposed Federal project. CONTENTS 1. LANDOWNER AND AGENCY NAMES AND ADDRESSES 2. VESTING DEED AND RIGHT-OF-WAY AGREEMENT FOR EACH LANDOWNER. TBI PRODUCTION'S EASEMENT WILL BE ADDED IN APPROXIMATELY 1 WEEK. 3. COPY OF ARMY CORPS OF ENGINEERS NATIONWIDE 12 PERMIT. 4. THE BLM GRANT OF EASEMENT WILL BE ADDED IN AUGUST OR SEPTEMBER. EXHIBIT "A" Right-of-Way COC-66335 T7S R95W Sees 14,15, 16, -·•- 21,29,30,31 Page 3 of 3 Pages SPECIAL STIPULATIONS __ _ EXHIBIT B Right-of-Way COC-66335 Page 1 of 4 1. Cultural Resources: Education/Discovery Stipulation All persons in the area who are associated with this project must be informed that if anyone is found disturbing historic, archaeological, or scientific resources, including collecting artifacts, the person or persons will be subject to prosecution. Pursuant to 43 CFR 10.4(g), the BLM authorized officer must be notified, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR 10.4 {c) and (d), activities must stop in the vicinity of the discovery and the discovery must be protected for 30 days or until notified to proceed by the authorized officer. If in connection with operations under this contract the project proponent, his contractors, subcontractors, or the employees of any of them 1 discovers, encounters or becomes aware of any objects or sites of cultural or paleontological value or scientific interest such as historic or prehistoric ruins, graves or grave markers, fossils, or artifacts, the proponent shall immediately suspend all operations in the vicinity of the cultural or paleontological resource and shall notify the BLM authorized officer of the findings (16 U.S.C. 470h-3, 36 CFR 800.112). Operations may resume at the discovery site upon receipt of written instructions and authorization by the authorized officer. Approval to proceed will be based upon evaluation of the resource. Evaluation shall be by a qualified professional selected by the authorized officer from a federal agency insofar as practicable. When not practicable, the holder shall bear the cost of the services of a non-federal professional. Within five working days the authorized officer will inform the holder as to: -whether the materials appear eligible for the National Register of Historic Places; -the mitigation measures the holder will likely have to undertake before the site can be used (assuming in situ preservation is not necessary) ; and, -a time frame for the authorized officer to complete an expedited review under 36 CFR 800.11, or any agreements in lieu thereof, to confirm through the State Historic Preservation Officer that the findings of the authorized officer are correct and the mitigation is appropriate. The proponent may relocate activities to avoid the expense of mitigation and/or the delays associated with this process, as long as the new area has been appropriately cleared of resources and the exposed materials are recorded and stabilized. Otherwise, the proponent will be responsible for mitigation costs. The authorized officer will provide technical and procedural guidelines for the conduct of mitigation. Upon verification from the authorized officer that the required mitigation has been completed, the proponent will then be allowed to resume construction. Antiquities, historic, prehistoric ruins, paleontological or objects of scientific interest that are outside of the authorization boundaries but directly associated with the impacted resource will also be included in this evaluation and/or mitigation. Antiquities, historic, prehistoric ruins, paleontological or objects of scientific interest, identified or unidentified, that are outside of the authorization and not associated with the resource within the authorization will also be protected. Impacts that occur to such resources, that are related to the authorizations activities, will be mitigated at the proponent's cost. 2. The holder(s) shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the holder(s) shall comply with the Toxic Substances control Act of 1976, as amended (15 U.S.C. 2601, et ~.) with regard to any toxic substances that are used, generated by or stored on the right-of-way or on facilities authorized under this right-of-way grant. (See 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193.) Additionally, any release of toxic substances {leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR Part 117 shall be reported as required by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section 102b. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the authorized officer concurrent with the filing of the reports to the involved Federal agency or State government. 3. The holder of Right-of-Way No. C-66335 agrees to indemnify the united States against any liability arising from the release of any hazardous substance or hazardous waste (as these terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 u.s.c. 9601, et ~.) or the Resource Conservation and Recovery Act of 1976, 42 u.s.c. 6901, et seq.) on the right-of-way (unless the release or threatened release is wholly unrelated to the right-of-way holder's activity on the right-of-way. This agreement applies without regard to whether a release is caused by the holder, its agent, or unrelated third parties. 4. The holder shall be responsible for weed control within the limits of the right-of-way. The holder is responsible for consultation with the authorized officer and/or local authorities for acceptable weed control methods. All vehicles and construction equipment must be washed prior to entering the right-of-way area. Washing may not be done on public land. 5. Use of pesticides shall comply with applicable Federal and State laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, the holder shall obtain from the authorized officer written approval. 6. The pipeline route shall be seeded as follows: The holder shall seed all disturbed areas with the seed mixture(s) listed below. The seed mixture(s) shall be planted in the amounts specified in pounds of pure live seed (PLS)/acre. There shall be no primary or secondary noxious weed seed in· the seed mixture. Seed shall be~ested and the viability testing of seed shall be done in accordance with State law(s) and within 9 months prior to purchase. Commercial seed shall be either certified or registered seed. The seed mixture container shall be tagged in accordance with State law(s) and available for inspection by the authorized officer. Seed shall be planted using a drill equipped with a depth regulator to ensure proper depth of planting where drilling is possible. The seed mixture shall be evenly and uniformly planted over the disturbed area. Smaller/heavier seeds have a tendency to drop to the bottom of the drill and are planted first. The holder shall take appropriate measures to ensure this does not occur.) Where drilling is not possible, seed shall be broadcast. Seeding rates will be doubled for broadcasting. Broadcasting of seed will be done as soon as possible after finishing the recontouring. The seeding will be repeated until a satisfactory stand is established as determined by the authorized officer. Evaluation of growth will not be made before completion of the second growing season after seeding. The authorized officer is to be notified a minimum of seven days prior to seeding of the project. Seed Mixture Species of Seed Four wing saltbush Thickspike wheatgrass Western wheatgrass Bluebunch wheatgrass Small burnet Variety (Rincon) (Critana) (Arriba) (Secar) Note: seeding rates will be doubled for broadcasting. Pounds/Acre PLS 2.0 3.0 3.0 3.0 1.0 Total 12.0 lbs/acre PLS Pure Live Seed (PLS) formula, %of purity of seed mixture times % germination of seed mixture = portion of seed mixture that is PLS. Broadcasting of seed will be done as soGn as possible after recontouring; if the ground has crusted the seed will be raked into the ground. 7. All design 1 material, construction 1 operation, maintenance, and termination practices shall be in accordance with safe and proven engineering practices. 8. The holder shall restore drainages, to the greatest extent possible, to the original bank configuration/ stream bottom width, and channel gradient. Loose soil, fill 1 and culverts shall be removed from drainage channels as directed by the authorized officer. 9. All surface disturbing construction activities must take place within the limits of the existing right-of-way. 10. All topsoil shall be stripped and conserved in stockpiles. The topsoil shall be evenly respread on the surface following completion of pipeline burial. Topsoil shall not be used for pipe padding. 11. No construction or routine maintenance activities shall be performed during periods when the soil is too wet to adequately support construction equipment. If such equipment creates ruts in excess of four inches deep, the soil shall be deemed too wet to adequately support construction equipment. 12. The holder shall recontour disturbed areas of the right-of-way to restore the site to approximately the original contour of the ground as determined by the authorized officer. Compacted areas of the pipeline right-of-way will be ripped to a depth of eighteen inches. 13. Boulders and vegetation (trees 1 stumps, and brush) removed from the right- of-way shall not be left windrowed on the side of the right-of-way. The removed boulders, tress, stumps 1 and brush must be evenly respread across the right-of-way and left so as not to extend more than two feet above the ground surface. A track-hoe will be used for this work. Tree stumps will be cut from the trunk. 14. No construction shall occur from the period of December 1 to April 30 to protect wintering big game. 15. The holder will schedule a pre-construction meeting with the BLM representative prior to starting any ground disturbing work. 16. Remedial reclamation to correct such problems as seeding failures or erosion may be required by the authorized officer. The reclamation objectives of this right-of-way are stated in Appendix I of the Glenwood Springs Resource Area Oil & Gas Leasing & Development Draft Supplemental Environmental Impact Statement. 17. The holder shall begin all reclamation work as soon as possible after the pipe is laid. 18. Any above ground structures shall be painted a color specified by the authorized officer. 19. The pipeline will be installed on the ground surface at the location shown in Exhibit "A" (in Section 29, lot4, SWNW, NWSW). Trees located on the right-of-way at this surface pipeline location will be left in place to help mitigate visual impacts. The pipeline may be buried for twenty feet each side of the new proposed well access road that crosses the surface pipeline route. 20. Unless indicated otherwise in this Exhibit "B", all work will be done in accordance with the Plan of Development, Bentley Phase II Construction Project prepared for the project. 21. Construction personnel will be restricted to existing roads and the actual right-of-way area on the western-most two miles of the right-of-way. MEMORANDUM To: Tamara Pregl From: Steve Anthony R e: Comments on the Canyon Gas Resources SUP Date: October 13, 2003 Thanks f or the opp ortunity to comment on thi s permit and acc ept my apolog ies f or the delay. M y comments are as follows: 1. Noxious Weeds A. Weed M anage me nt-It is re qu ested that the applicant provide a written co mmitment to in spect, m onitor, and be responsibl e for the ma nagem ent of an y of Garfi eld County's Nox ious W ee ds that may e merge o n private or public lands that are di sturbed by the pipe line. It is reque s te d th at the applicant respond to any co mplaints by landowners either pri vate or publi c, regarding pipeline noxi ous wee ds in a timely manner. Weed problems o n pipe lines tend to occur afte r there is mainte nance activity on a section of pipe line and the ground has been distu rbed. Staff r equests tha t the written commitment to._!Y eed m anageme nt on the pipe line be in effec t as long as the pipeli ne is fun c ti ona l. 2. Revegetation A. See d testing-All seed used in re clam ation w ill be submitte d for independe nt testing to determine I f it is weed free. Please provide evidence of the tes tin g to th e Ga rfie ld C ounty Vegetati on M a nagem ent Depa rtment. B . Revegetati on Security-It is the recomme nd ati on of thi s department that the a pplicant pos t a revegetation security for the parts of the pipeline that is not on Bureau of L and Managem e nt p ro perty. Bas 'nfo · · b the a licant and us ing a 50- fo.o t swath o f d is turbance , I have ca lculated that the tota l a mount to be dis tur e IS 26 acres. B ased on a fi g ure of 2 ce nts p er square foo t fo r rec lamati o n costs, the total per ac re is $87 0 per acre. F or 26 acres this tota ls $22,60Q. ~~l: recommendation is that the C..ounty request a revegetation security in the amount of $22,600. Thi s m ay be in the fQrm o f a le tte r o f credit, if deemed appro priate by the County Attorney's Office, or the fund s by m ay dep os ited w ith th e County T reasurer. C. The...Rec lam ation Plan is acce ptable . The applicant ha s provided two see d mixes , one in R ec la mati on Plan as pro posed by N ature Tech, the o ther one submitted to BLM. Eithe r mix is acceptable, I would like them to state which one they w ill use. Fire Prevention & Suppression Plan 1(9 ( 13 /03 ~0-J;f/. 1. Introduction 2. Purpose 3. Responsibilities and Coordination 4. Fire Prevention 4.1 Pre-construction & Construction 4.1.1 Training 4.1.2 Smoking 4.1.3 Spark Arresters 4.1.4 Parking, Vehicle Operation & Storage Areas 4.1.5 Equipment 4.1.6 Road Closures 4.1. 7 Refueling 4.1.8 Burning 4.1.9 Fire Guard 4.1.10 Blasting 4.1.11 Welding 4.1.12 Restricted Operation 4.1.13 Monitoring 4.2 Pipeline Operation 4.3 Pipeline Maintenance 5. Fire Suppression 5.1 Suppression 5.2 Monitoring 6. Notification 6.1 Notification Procedures 1.1NTRODUCTION The Fire Prevention and Suppression Plan (plan) identifies measures to be taken by Canyon Gas Resources, Inc. (Company) and its contractors (Contractor) to ensure that fire prevention and suppression techniques are carried out in accordance with federal, state, and local regulations. Measures identified in this plan apply to work within the project area defined as the right-of-way (ROW), access roads, all work and storage areas, and other areas used during construction of the project. 2. PURPOSE The risk of fire danger during pipeline construction is related to smoking, refueling activities, operating vehicles and other equipment off roadways, welding activities, and the use of explosive materials and flammable liquids. During pipeline operation, risk of fire is primarily from unauthorized entry onto the ROW. During maintenance operations, risk of fire is from vehicles and pipeline maintenance activities that require welding. This plan establishes standards and practices that will minimize the risk of fire danger and, in case of fire, provide for immediate suppression. 3. RESPONSIBILITIES AND COORDINATION This plan will be implemented by the Company and the Contractor on the project. The Company and the Contractor have the responsibility for providing all necessary fire-fighting equipment on the project site to their respective employees, and operating under the requirements of this plan. Prior to construction, the Company will contact the appropriate authorities to establish communications, obtain permits (if applicable), and/or fulfill other obligations as directed by fire control authorities. In addition to the above, the Company will: • Ensure that prevention, detection, pre-suppression, and suppression activities are in accordance with this fire plan and federal, state, and county laws, ordinances, and regulations pertaining to fire. Accompany agency representatives on fire tool and equipmenf inspections and take corrective action upon notification of any fire protection requirements that are not in compliance; and The fire prevention and suppression measures described in this plan will be in effect from June 1 to the end of construction. These dates may change by advance written notice by fire control authorities. However, required tools and equipment will be kept in serviceable condition and be immediately available for fire suppression at all times. 4. FIRE PREVENTION MEASURES 4.1 PRECONSTRUCTION AND CONSTRUCTION Methods and procedures that will be implemented prior to and during the construction period to minimize the risk of fire are described below. 4.1.1 Training Contractor will train all personnel about the measures to take in the event of a fire. Contractor will also inform each construction crewmember of fire dangers, locations of extinguishers and equipment, and individual responsibilities for fire prevention and suppression during regular safety briefings. Smoking and fire rules will also be discussed with the Contractor and all field · personnel during the project's environmental training program. 4.1.2 Smoking Smoking is prohibited except in areas cleared and graded a minimum of 10 feet in diameter to mineral soil. All burning tobacco and matches will be extinguished before discarding. Smoking is also prohibited while operating equipment or vehicles, except in enclosed cabs or vehicles. 4.1.3 Spark Arresters During construction, operation, maintenance, and termination of the ROW all Contractor and Company equipment operating with an internal combustion engine will be equipped with federally approved spark arresters. Spark arresters are not required on trucks, buses, and passenger vehicles (excluding motorcycles) that are equipped with an unaltered muffler or on diesel engines equipped with a turbocharger. A BLM fire prevention officer will have full authority to inspect spark arresters on project equipment prior to its use on the project on federal lands and periodically during the construction project. 4.1.4 Parking, Vehicle Operation, and Storage Areas In no case will motorized equipment, including worker transportation vehicles be driven or parked outside of the designated and approved work limits. Equipment parking areas, the ROW, staging areas, designated vehicle-parking areas, and small stationary engine sites, where permitted, will be cleared of all flammable material. Clearing will extend a minimum of 10 feet beyond the edge of the area to be occupied, but not beyond the boundaries of the approved ROW, extra workspace, or ancillary site. Glass containers will not be used to store gasoline or other flammables. 4.1.5 Equipment All motor vehicles and equipment will carry one long-handled (48-inch minimum), round-point shovel, and one dry chemical fire extinguisher (5 pounds minimum). Individuals using power saws and grinders will have a shovel as described above, and an 8-ounce capacity fire extinguisher immediately available. The Fire Guard will operate a truck equipped with a 125 gallon slip-on pump unit designed for wild land firefighting and Dry Chemical Fire Extinguishers. All equipment will be kept in a serviceable condition and readily available. 4.1.6 Road Closures Contractor will notify the appropriate fire suppression agency of the scheduled closures prior to the open-cut crossing of a road. If required, Contractor will construct a bypass prior to the open- cut installation of a road crossing, unless a convenient detour can be established on existing project approved roads or within project approved work limits. All bypasses will be clearly marked by the Contractor. During road closures the Contractor will designate one person, who knows the bypass, to direct traffic. Contractor will minimize, to the extent possible, the duration of road closures. 4.1.7 Refueling Fuel trucks will have a large fire extinguisher charged with the appropriate chemical to control electrical and gas fires. The extinguisher will be a minimum size 35-pound capacity with B.C. or higher rating. 4.1.8 Burning No burning of slash, brush, stumps, trash, or other project debris will be permitted on the project. 4.1.9 Fire Guard The contractor will comply with BLM requirements outlined in Appendix_ (BLM Fire Prevention Order for Oil and Gas Operations -Order No. 02-03) 4.1.1 0 Welding One 5-gallon backpack pump and 20 lb ABC Dry Chemical Fire Extinguisher will be required with each welding unit in addition to the standard fire equipment required in all vehicles. All equipment will be kept in a serviceable condition and readily available. 4.1.11 Restricted Operations The Contractor will restrict or cease operations on federal lands during periods of high fire danger at the direction of the responsible BLM or USFS Fire Management Officer. The Contractor will restrict or cease operations during periods of high fire danger at the direction of the Grand Valley Fire Protection District Fire Chief or designee. Restrictions may vary from stopping certain operations at a given time to stopping all operations. The Company may obtain approval to continue some or all operations if acceptable precautions are implemented. 4.1.12 Monitoring Construction Inspectors for the Company will inspect the job site and the Contractor's operations for compliance with all provisions of this plan. In addition, federal, state, and local fire control agencies may perform inspections in areas under their jurisdiction at their discretion. 4.2 PIPELINE OPERATION During pipeline operation, the risk of fire danger is minimal. The primary causes of fire on the ROW result from unauthorized entry by individuals utilizing the ROW for recreational purposes and from fires started outside of the ROW. In the latter case, the ROW can be used by authorities as a potential fire break. During pipeline operation, access to the ROW will be restricted, in accordance with landowner requirements, to minimize recreational use of the ROW. 4.3 PIPELINE MAINTENANCE During maintenance operations, the Company or its Contractor will equip personnel with basic fire-fighting equipment including fire extinguishers, and shovels as described in Section 4.1.5 Equipment. Maintenance crews will also carry emergency response/fire control contact phone numbers. 5. FIRE SUPPRESSION 5.1 SUPPRESSION Contractor will take the following actions should a fire occur within the project area during construction. • Take immediate action to suppress fires using all available manpower and equipment. • Immediately notify the nearest fire suppression agency of the fire location, action taken, and status (refer to Fire Suppression Contacts for a list of fire suppression agencies and emergency phone numbers). • Immediately notify the Company of the fire location and action taken. ·Relinquish the direction of fire suppression activities to agency fire management officers upon their arrival. A company employee will remain at the fire scene until it is fully extinguished. The extinguished fire will be monitored in accordance with procedures described in Section 5.2 below. Table 1: Fire Suppression Contacts Construction Phone Number Office Location BLM Lands, Colorado Garfield (970) 257-4800 Grand Junction Interagency Fire Dispatch Center County Private State Lands, Colorado Garfield 911 Grand Valley Fire Protection District County 5.2 MONITORING Contractor will mark the location and boundaries of all extinguished fires. The extinguished fire site will be monitored by the Contractor for a minimum of 24 hours. Monitoring includes walking the fire site perimeter, as well as crossing through the site. 6. NOTIFICATION 6.1 NOTIFICATION PROCEDURES Construction crewmembers will report all fires, whether extinguished, controlled or uncontrolled, to the Field Supervisor. If the fire is uncontrolled, the Contractor will call the nearest fire suppression agency (refer to Fire Suppression Contacts), and the Company. Information regarding the location of the fire, property ownership, and closest access roads should be provided to the Dispatch Office and the Company. See Table 1 for a list of fire suppression contacts. Tr.# OWNER I 1:::1~1"11~ DESCRIPTION Foot 1 BLM None I7~ R9§W 700' 50629 HWY. 6 & 24 (ZIP 81601) Section 14: NWNW P.O. BOX 1009 Glenwood Springs, CO 81602 97Q-947-2800 Fax97Q-947-2829 Attn: Vaughn Hackett 2 Joseph H. & Marian Clem YES T7S, R95W 5200' 7416 W. Clifton Drive SENW littleton, CO 81028 303-973-5368 3 Battlement Mesa Partners None T7S, R95W: 2soa P.O. BOX 6000 Battlement Mesa, CO 81631 Attn: Tom Beard-970-285-9740 4 Alberta R. & Rand W. Payton None T7S, R95W: 3800' 702CR 303 Section 20: E2NE Parachute, CO 81635-9204 970-285-9011 Alberta s Army Corps of Engineers None T7S, R95W: 30 402 Rood Ave. , Room 142 Section 20: SENE Mark Gilfillan 970-243-1199 X 15 6 Sharon Gardner None T7S, R95W: 260a 1236CR 302 Section 20: SWNE, SENW P.O. Box 6056 Parchute, CO 81636 970-285-7648 7 Tom Brown, Inc. T7S, R96W: 2800' 555 17th St., Suite 1850 Section 36: E2NW4 Denver, CO 80202-3918 S2NE4 Attn: Dave Davenport 303-260-5114 · Field: Dane Duset 970-263-5404 Revised: 7118/03 CANYON GAS RESOURCES SOUTH PARACHUTE PIPELINE PROJECT 1878-01 Permission Existing ROW ROW/Permit All Monies To Survey? Width Acquired Paid? YES 35' Permanent 15' Temporary 7/1812003 25' Permanent YES 25' Temporary 25' as needed 7/18/2003 25' Permanent YES 25' Temporary 25" as needed 7!18/2003 25' Permanent YES 25' Temporary 25~ as needed YES 35' Permanent YES 15' Temporary 7/18/2003 25' Permanent YES 25' Temporary 25" as needed YES 35' Permanent YES 15' Temporary COMMENTS SURVEY ROW PROVISIONS TUA's 150' X 150' Send Mr. Clem a copy of plat Contact Tenant before each phase of before construction and an 'as-operations: Randy & Teresa Vurdick built' after contruction. 970-285-7523 See extensive construction requirements Must contact Tom Beard every time property is entered. Canyon has agreed to 'blade out' a portion of Payton land. Stone Quarry Gulch George passed away this year. AUG-29-2003 FRI 11:40 AM Date: To: Company: Fux Number: From: Fax Number: Phone Number: E-Mail: FAX NO. Friday, August 29, 2003 Tamara Pregl Garfield County Planning Dept 970-384-3470 Brian Peters !.1.. \\> 303-222-6206 -1lj I 303-222-6204 (direct) bpeters@cantera-resources.com Number of Pages Transmitted(induding Fax Cover Sheet): 8 Attached is the ROW Agreement between Canyon Gas Resources and Tom Brown. This is for Canyon's South Parachute pipeline project. P. 01 AUG-29-2003 FRl 11:41 AM FAX NO, o•/Z9/03 11:20 FAX 3032805188 TOM BROWN INC RJGHT.QF-WAY AGREEMENT STATE OF COLORADO) KNOW ALL MEN BY THESE PRESENT COUNTY OF ) That the undersigned, hereinafter called GRANTOR for ten dolllllS ($I OJJO) and other valuable considerations in hand paid, the rereipt and sufficiency of which are hereby acknowledged, does hereby Grant, Bargain, Sell and Convey to CIIDyon Gas Resources, Ine., whose address is 7400 East Orchard Road, Suite 270, Englewood, Colorado 80111, (Herein after referred to as GRANTEE), its successors and assigns, the right, privilege, and easement to survey, clear and excavate along a route, to lay, construct, operate, maintain, inspect, test, repair, alter, protect, remove, abandon, or replace one pipeline and appurtenances for the transportation of oil, gas or other substances transportable by pipeline, together with all other rights necessary or convenient for the enjoyment of the right, privileges and easement hereby granted, over and along a Right of Way Easement, shown on Exhibit "A", attached hereto and made a part hereof. The easement shall he fifty (SO) feet in width during the period of initial construction and an additiona.ltemporary workspace of twenty-five (25) feet as may be needed. After initial construction has been completed, the easement shall revert to twenty-five (25) feet in width and which easement is on and across the following described lands in Garfield County, Colorado, to wit: Township 7 South. Range 96 West Section 36: EZNW4, S2NE4 More particularly described and shown on Exhibit "A" attached hereto and made a part hereof. The GRANTEE shall have all of the rights and benefits necessary or convenient for the full enjoyment or use of the right herein granted, including, but without limiting the same to tho free right of ingress to and egress over and across said lands to and from said right-of-way and easement and the right from time to time to cut all trees, undergrowth and other obstructions that, in its judgment, may ~ore, endaoger or interfere with the use of said pipeline. GRANTOR hereby reserves the right to use said land in any manner that will not prevent or interfere with the exercise by GRANTEE of its rights hereunder, provided, however, that GRANTOR shall not construct, nor permit to be constructed, any house, building, improvements, or obstructions within the permanent right-of-way, without the express prior consent of the GRANTEE. P. 02 li!JOOJ AUG-29-2003 FRI 11:41 AM FAX NO. 08129/03 11:21 PAl 3032605188 TOM BROWN INC The rights herein granted may be assigned in whole or in part and the terms, conditions and provisions hereof shall extend to and be binding upon the heirs, executors, administers, personal representatives, successors and assigns, of the parties hereto. Such consent shall not be unreasonably withheld. GRANTEE shall and does hereby covenant and agree to hold GRANTOR harmless from any and all liens, judgments and claims of any kind or character (mcluding, .but not limited to, any claim or judgment based on a theory of negligence, negligence per se, strict liability, willful misconduct, or other theory of liability) arising from GRANTEE • S under and by virtue nf this Right-Of-Way Agreement, including, but not limited to, claims for damages to land, stock, crops, fences, buildings, natural resources or structure and claims for personal injuries to and death to persons. GRANTEE further agrees to defend any suit brought against GRANTOR on account of any such claims and to pay any judgments against GRANTOR resulting from any such suit or suits; provided that GRANTOR shall, nevertheless, have the right, if it so elects to participate in the defense of any such suit or suits to which it may be a party without relieving the GRANTEE of the obligation to defend the same. GRANTEE hereby agrees to bury all pipe to a sufficient depth so as not to interfere with cultivation of soil and to pay any damages wbicb may arise to growing crops and fences from the construction, maintenance and operation of pipelines and related facilities constructed under the terms of this grant. The consideration received for Ibis easement includes payment for the normal damages caused by the initial construction of the pipeline and its appurtenances aud temporary use of existing private roads to access the Right of Way. Notwithstanding, GRANTEE shall not interfere or cause inconvenience to any oil, gas or mineral development on the above described lands. GRANTOR shall not interfere with the exercise of GRANTEE'S rights by constructing or permitting to be constructed any permsnent structure upon the easement strip herein conveyed and GRANTOR further agrees not to change the grade, remove dirt from the surface of the easement or impound water over the easement without prior written spproval of GRANTEE. GRANTEE, it's contractors, subcontractors, agents and or assigns agree to comply with the construction considerations and requirements as shown on Exhibit "B" attached hereto and made a part hereof. In the event of non-use of the pipeline for the purposes herein granted by the GRANTEE, its successors or assigns, for a period of twelve months, this Right-Of-Way Agreement shall automatically terminate without necessity of action of either party hereto. If requested by GRANTOR, GRANTEE shall remove its pipeline aud restore the surface of the premises to a condition satisfactory to GRANTOR and within three months ofthe removal of the said lines record a release, releasing all its right, title and interest in and to said Right-Of-Way Agreement. P. 03 lilJ002 HUu-c~-cUUj rKl 11:4~ AM 08/29/03 11:21 FAX 3032605188 FAX NO. TOll BROWN INC It is mutually agreed and understood that this Agreement, as written, covers all agreements and stipulations between the said parties, and no representations or statements, OJa! or written, have been made modifying, adding to, or changing the terms of hereof. IN TESTIMQ~ WHE~F, the GRANTOR. herein have executed this conveyance this _1?3__ day of ~5 F , 2003. GRANTOR: TOM BROWN, INC. By: II¥= -iilf c-'Cec"-'*v._ /,~ p,..,.:.,, ......... - P. 04 lil!003 AUG-29-2003 FRJ II :42 AM FAX NO. P. 05 08/29/03 11:21 FAX 3032605168 TOM BROWN INC liiJ004 TBESTATEOF M~ COUNTYOF ~ ) 5'S ) FAX NO. P. 06 AUG-29-2003 FRI 11:42 AM 08129103 Jlo21 FAX 3032605188 AUG-29-2003 FRI !0:40 AN TRJGOK SHEEHAN LL~ TOM DROWN INC v lfJ ~A.. ' 1<11005 '7 • Ul. 1970"3859107 08/29 '03 07:26 N0.09S 06 EXHIBIT"A" TBI Production Company, Inc. (As built plat ID be ll!lcfHidptlo(too-ciJI!I) I"'fl!tJ !ese !!tnpt H Wnt --· 38: UNISf, e2NW4 TH1 TemPQIW'Y Property Ellhlblt (Ellhlbii"A") II 11:1 be liNd until a flnal eertllle!f 111MY II QOmlllaled 'Milch ..... _..., d<lsorlbe lllld RR!IIIIII. whklh CJranlar 111\d GrelnlN anldpMa ""bo IU~IIL£111111)' .,..,...lo 1M lbldles tiiOWn an ttlla T~ Pn:Jpwty Elchiblt In the abeence of~ dllllcullllll or an unanlldpalild need Ill I<IIW 11M routing. 1M llnalca UI'Oicl IIUIW)tld 11nmeut delerlpllon Will ~ 111<1 euplll:8de ..._des~ Thtr E-rrtldllhlll be -<fwd -..ngw1111 1M -tiled~ 11nment diiDllpllon altiiCINd In place of lhlll T..-npo!W)' PIOPtlty E:l<hllil. ... . ' ·. . ' ... ;. 'I •• ·-, •' It " •• •• AUG-29-2003 FRI 11:43 AM FAX NO. OB/29/03 11:21 FAX 3032605188 TOll BROWN INC EXHIBIT "B" CONSTRUCTION CONSIDERATIONS I REQUIREMENTS I. Park on the construction easement not on the grass. 2. Reseed with pure live seed. 3. Pick up all trash whether you dropped it or not. 4. Maintain all equipment in the shop, not on the range. 5. Conduct operations only in dry conditions not mud. 6. Park any and all unused equipment on the R1W. 7. Place construction materials on the easement. 8. It will be Grantor's responsibility to monitor noxious weeds and take corrective action where needed. 9. Leave gates as they are found. 10. Close, fence, or guard all open holes, lines, or ditches if livestock are present. 11. Stop when asked. 12. Use only landowner pre-approved private roads. 13. No guns, dogs, alcohol, or drugs. P. 07 @006 AUG-29-2003 FRI 11:43 AM FAX NO. 06/29/03 11:21 FAX 3032605188 TOll BROWN INC PAYMENT AGREEMENT 'fiJi~~ Agreement ("Agreement") is made and entered i,$l this ~ th day of ~L_ , 2003, by 8lld between "10 IJ\.~1'1, "-f'lC.... -:::------------• as Grantors and Canyon Gas Resowces, Inc., as Grantee. WHEREAS for good and valuable consideration Grantors have granted to Grantee the right to construct a gas pipeline under the Right of Way Agreement (''ROW'') outlined on the attached Exhibit "A". NOW THEREFORE, Grantee agrees to pay Grantors as initial consideration a payment of TWenty and Noll 00 dollars ($20.00) per rod for gas pipeline ROW estimated to be 500 rods for an initial payment of$10,000.00, and Use of el<isting private roads to access ROW during constrUCtion and true and grass loss =$500.00. Total payment for pipeline ROW and damages including road use= Sl 0,500.00. Any distribution to tenants, heirs, creditors or others will be made at your sole discretion. The total initial payment will be adjusted upon completion of an "as built" survey after construction to reflect actual roddage. EXECUTED the date first written above. GRANTOR: P. 08 I;!J007 ~ <-· I j ··> I '_j Cancel , STR '--~~~~· ~==--".CLEMWOH~O~w~n~e~r m .Jdress I! CLEM, JOHN C JR LIVING TRUST OTD 3/16/99 15-7-9~ . CLEM, BARBARA J LIVING TRUST DTD 3/16/99 '6670 W 72ND DR WESTMINISTER CO 80003·3110 DESC: SEC 10 E1/2SW, SEC. 15 NE, EXCEPT A TR CONT 37.37 AC DESC IN t<K::774 PG:757 BK:384 PG:231 BK:1141 PG:604 PG:0991 BK:0909 PG:0183 BK:0449 PG:0172 BK:1319 RECPT:595492 BK:1154 PG:240 RECPT:553315 BK:1141i :603 RECPT:549300 BK:1141 PG:602 RECPT:549299 BK:0774 [Pa;:;;;;iN,J;;;iiW-'-----------~MH"Sj;;ac.;---~ieq----'1 PG:0756 CLEM, JOSEPH H. & MARIAN G. 60% INT (SCH# 270240) '·-Name ... c,' 7 .' ,,,, .. ll~ms_ Protest(!) ---" CAMA(A) ···l~~~~~~fl~"~i~~~~~~~~~~~. ·~··'~:~: Situs C Pre/Sue ', Mobile Auth ' Personal (P) ~ Mobile 8 Remarks ~ Value Oil and Gas Tract ___; Tax Sale Recording Condo Spc Asmt= Control Imaging Block ~ Mines Sales Sibling Mise (II c...: Flags History PPCertLtr Exemption Sketch Queries -·----------- ACCOUNT Inquiry Only Clear Exit lllllllllllllllllllllllllli• l•lllllllilllllllllllllllll 549301 07/23/1999 01•00P 81141 P604 ~ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO W ARRANn' D!:ED We, John Colin Clem, Jr. and Barbara Jean Clem, husband and wife, as joint tenants with rights of survivorship, GRANTORS, of Jefferson County, State of Colorado, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, r«eipf of which is hereby acknowledged, CONVEY AND WARRANT equally to the John C. Clem, Jr. Living Trust, dated March 16, 1999, and the Barbara J. Clem Living Trust, dated March 16, 1999, GRANTEES as Tenants-in-Common, the following described real estate with all its appurtenances, subject to the 1990 aeneral property tn:es, patent reservations. easements and rights of way, and mineral leases of ncord, If any; situated in Garfield County, Slate of Colorado, hereby waiving and releasing all rights under and by vinue of the homestead exemption Jaws of the State of Colorado, to-wit: An undividtd lJ/Jlnd•lntt:rest Jn I.Dd to: Township 1 South. Range 9S West qf the 611 P.M. SKflon 10: Elll SWI/4 Section 15: NEI/4, ElllNWl/4, NlllSEl/4 Together with all water rights, ditch and ditch rights appertaining to or used in connection with the above described lands, including without limitation all right, title 1111d interest owneJ by parties of the first part in and to the Banlem.:m Ditch, being ditch No. 21 in the decrees of WaJ.er District No. 45, and the water decreed thereto and used on the above described land under Priority No. 25, 25 cubic feet per minute {cfin); Priority No. 33, 35 cfin; Priority No. 85, 115 cfm; and the water decreed to The Cedar Grove Ditch No. 54 with Priority No. 81 in Water Disticl No. 45 for 180 cfin, the point of diversion for said 180 crfm having been changed to !he said Battlement Ditch by de1:rec of Court dated Novemeber 8, 1920, recorded in Book 138 at Page433 oflhe records of Garfield County. Also known as street and number Z862 County Road 310, Parachute, CO 81635 Except easements, covenants, rights-<Jf·way, restrictions, and encumbrances of record. Pursuant to Section ]8.]0-166 C.R.S., an Affidavits of Trust have been recorded regarding the John C. Clem, Jr. Living Trust daJ.ed May 16, 1999 and the BarbaJaJ. Clem Living Trust, Dated May 16, !999. The benefici;uyofthcJohn C. Clem, Jr. Living Tf\ISI dated May 16, 1999 is John C. Clem, Jr. The beneficiary of the Barbara J. Clem Living Trust dated May 16, \999 is Barbara J. Clem. WlTNESSourhandson "/;zt ,]999. ~44«<~«-, &~ ~ J"nCio~t" STATE OF COLORADO )" COUNTY OF JEFFERSON ) On~. 1999, before me personally appeared John C. Clem, Jr. and Barbara J. Clem, Husband and Wife, known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed for the purposes and consideration herein contained. Witness my hand and official seal. • a~ RIGHT-OF-WAY AGREEMENT STATE OF COLORADO) KNOW ALL MEN BY THESE PRESEN'' COUNTY OF JEFFERSON) That the undersigned, hereinafter called GRANTOR for ten dollars ($10.00) and other valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby Grant, Bargain, Sell and Convey to Canyon Gas Resources, Inc., whose address is 7100 East Orchard Road, Suite 270, Englewood, Colorado 80111, (Herein after referred to as GRANTEE), its successors and assigns, the right, privilege, and easement to survey, clear and excavate alon~; a route, to lay, construct, operate, maintain, inspect, test, repair, alter, protect, remove, abandon, or replace one 8'' pipeline and one 4" gathering line (to connect the Clem #15-14 and #15-23 we'ls), and nppurtenances for the transportation of oil, gas or other substances transportable by pipeline, together \''ith all other rights necessary or convenient for the enjoyment of the right, privileges and < asement hereby granted, over and along a Right of Way Easement, shown on Exhibit "A", attached hereto and made a part hereof. The easement shall be fifty (50) feet in width during the peri0d nf initial construction and an additional temporary workspace of twenty-five (25) feet as may be needed. After initial construction has been completed, the easement shall revert to twenty-five (25) feet in width, being twelve and one-half (12.5) feet from each side of the centerline of the pipeline, and which easement is on and across the following described lands in Garfield County, Colorado, to-wit: Township 7 South, Range 95 West, 61h P.M. Section 15: NE/4, SE/4NW/4 More particularly described and shown on Exhibit "A" attached hereto and made a part hereof. The GRANTEE shall have all of the rights and benefits necessary or convenient for the full enjoyment or use of the right herein granted, including, but without limiting the same to the free right of ingress to and egress over and across said lands to and from said right-of-way and easement and the right from time to time to cut all trees, undergrowth and other obstructions that, in its judgment, may injure, endanger or interfere with the use of said pipeline. GRANTOR hereby reserves the right to use said land in any manner that will not prevent or interfere with the exercise by GRANTEE of its rights hereunder, provided, however, that GRANTOR shall not construct, nor permit to be constructed, any house, building, improvements, or obstructions within the permanent right-of-way, without the express prior consent of the GRANTEE. The rights herein granted may be assigned in whole or in part and the terms, conditions and provisions hereof shall extend to and be binding upon 'the heirs, executors, administers, personal representatives, successors and assigns, of the parties hereto. {Lw~!. y '{ 16f(.G"Sit v~RJJ ra JZ-o y 1 s-JJ GRANTEE covenants and agrees to indemnify and forever hold harmless the GRANTOR against each and every claim, demand or cause of action that may be made or come against him by reason or in any way arising out of any defect, imperfection, operation, maintenance or construction of said pipeline. GRANTEE hereby agrees to bury all pipe to a sufficient depth so as not to interfere with cultivation of soil and to pay any damages which may arise to growing crops from the construction, maintenance and operation of pipelines and related facilities constructed under the terms of this grant. The consideration received for this easement includes payment for the normal damages caused by the initial construction of the pipeline and its appurtenances and temporary use of existing private roads to access the Right of Way. GRANTOR shall not interfere with the exercise of GRANTEE'S rights by constructing or permitting to be constructed any permanent structure upon the easement strip herein conveyed and GRANTOR further agrees not to change the grade, remove dirt from the surface of the easement or impound water over the easement without prior written approval of GRANTEE. GRANTEE, its contractors, subcontractors, agents and or assigns agree to comply with the construction considerations and requirements as shown on Exhibit "B" attached hereto and made a part hereof. It is mutually agreed and understood that this Agreement, as written, covers all agreements and stipulations between the said parties, and no representations or statements, oral or written, have been made modifying, adding to, or changing the terms of hereof. IN TESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this ~day oHleYelltber, 200:1., l9 Q,. jAI{/,f1Jt.f, eMPJ ~ ~ ~yu ~~~~s of V - osep H. Clem /?]~h@~ Marian G. Clem AS TO AN UNDIVIDED J8/64THS INTEREST 'Q.D C. Clem, Jr., INOIVI tiALl Y A No AS TRUSTEE OF'h E JOHN C. CLEM, JR. Ll\"1. G TRL"ST OATEO MARCil 1~999 AS TO AN li~O 0 IJ/64TIIS I::?REST ;) 'U Jlarbara J. Cleir~fiN lALLY A~O AS TRUSTEE OF 1JIE BARBARA J. CL'bt LIVING TRliST DATEO MARCH 16,1999 /S TO AN LINPJVIOED IJ/64THS INTEREST STATE OF COLORADO) COUNTY OF JEFFERSON) /)~ JM~ :zoo/ This instrument was acknowledged before me on the J__day onloiO r, 296 before me, a notary public, in and for said county and state, personally came the above-named Joseph H. Clem and Marian G. Clem, AS TO_AN liNDtVIDED 38/64THS INTEREST,_ who are personally known to me and known to me to be the identical person whose names are affixed to the above instrument to be their voluntary act and deed. My Commission Expires Oecember6.2007 --- xpires: _______ _ STATE OF COLORADO) COUNTY OF ~(('c.,r~ ) qit--J~IJ~ <M•3 This instrument was acknowledged before me on the day of ~Is·, e ~ 268:!', before me, a notary public, in and for said county and state, personally came the above-named John C. Clem, Jr., INDIYIDliALL\' A:-ID AS TRUSTEE OF TilE JOHN C. CLEM, JR. LIVING TRliST DATED MARCH 16,1999 AS TO AN UNDIVIDED IJ/64TIIS INTEREST, who is known to me and known to me to be the identical person whose name is affixed to the above instrument to be his voluntary act_and.,!!ee.£!:. pires: -------- ~~~m~LORADO) COUNTY OF :2:'fe.r5ol1 /lfli/JJJJ~ 1J:1 (:;o,.. ].Uw-fiedf otary Pubhc i1dnd for The State of Colorado EOF I have hereunto set my hand and affixed my notary seal the day and year last above My Comm,ssJon Expires December 6. 2007 ptres: _________ _ ~ u,rl;-o.U.+;../f- Notary Pub he i:.; for The State of Col<'rado EXHIBIT A (As-built plat to be attached prior to recording) EXHIBIT "B" CONSTRUCTION CONSIDERATIONS I REQUIREMENTS 1. Any and all construction vehicles, equipment and materials, while not in use, shall be parked or placed in the within designated construction easements. 2. Grantee and its contractors, subcontractors, agents and/or assigns agree to use only those private roads approved prior to use by Grantor. All ROW and access roads shall be kept safe and in good order, and shall at all times be kept free of litter, and debris caused as a direct result of Grantor's activities. 3. Except for normal and routine maintenance and repair during construction activities, no construction equipment shall be repaired or maintained upon the Subject Lands. No motor fluids will be disposed of on the Subject Lands. 4. Grantee shall be liable, for any injury to persons, property or livestock caused by or incident to the operations of Grantee, its agents, employees, contractors or contractors on the property, or any extraordi- nary damages due to spills of hazardous materials, explosions, or any other harmful activity of Grantee. 5. All operations shall cease at such time as Grantor deems it necessary due to weather, ground condition or livestock issues. No operations shall be conducted in muddy conditions to minimize damage to ground. 6. All gates shall be left as they are found. Gates on the north end of the property may be locked and access must be coordinated with tenants. 7. All open holes, lines and ditches shall be fenced or guarded when livestock are present to prevent loss or damage to said livestock. 8. No firearms, pets, alcohol, or illegal drugs shall be allowed on the property at any time. 9. Grantor shall seed all disturbed areas with the seed mixture listed below. The seed mixture shall be planted in the amounts specified in pound of pure live seed (PLS) per acre. There shall be no primary or secondary noxious weed seed in the seed mixture. Seed Mixture Species of Seed Western Wheatgrass Bluebunch Wheatgrass Thickspike Wheatgrass Variety Arriba Secar Critana Pounds/ Acre PLS 4 3 3 Total I 0 lbs/acre PLS Pure Live Seed (PLS) formula: %of purity of seed mixture times % germination of seed mixture= portion of seed mixture that is PLS. I 0. Grantee shall be responsible for weed control in all areas disturbed by Grantee throughout the term of this agreement. Page 2 EXHIBIT "B" CONSTRUCTION CONS!DERA TIONS I REQUIREMENTS 11. Any rocks excavated by Grantee shall be distributed or disposed of as follows: Under 6" in diameter-to be scattered on surface of ROW 6" to 18"-to be buried, excess to be hauled off by Grantee Over 18"-to be placed at road crossings to prevent travel on pipeline ROW, excess to be hauled off by Grantee. Grantor shall be consulted as to quantity of rock placed at such crossings Large rocks from adjacent BLM lands shall not be placed on Grantor's property without consent of Grantor. 12. The ROW shall be returned to the original topography, to the extent feasible, so that there are no permanent mounds, ridges, sinks or trenches. 13. Notice by either party hereto shall be promptly given orally, and if necessary or possible, confirmed in writing and mailed to: GRANTOR: GRANTEE: Joseph H. Clem 7416 W. Clifton Ave. Littleton, CO 80128 303-973-5368 TENANT: Canyon Gas Resources, Inc. GRANTEE: 7400 E. Orchard Road (Alternate) Suite 270 Englewood, CO 80 Ill 303-220-7731, fax 303-220-7185 Randy and Teresa Burdick 2862 310 Road Parachute, CO 81635-980 I 970-285-7523 8080 N. Central Expressway Suite 900 DaUas, TX 75206 214-750-9223, fax 214-750-7120 All operations should be coordinated with Tenants on a daily basis, or as near as is practicable. 14. Grantor shaU be provided upon request with a copy of any transfer of ownership of the pipeline or right-of-way. 15. Grantee shall be responsible for coordinating construction activities with tenant and with providing all necessary notices to Tom Brown, Inc., Public Service Company of Colorado, any government agencies, any other easement holders affecting this ROW and adjacent surface owners. 16. Grantee shaU be responsible for the maintenance of any areas disturbed by Grantee, including crossing(s) of Battlement Ditch, Battlement Creek and any roads, fences, culverts, gates and/or cattle guards, including any ctJrrent or latent damages resulting from construction of the pipeline. 17. Pipeline route shall hug the property line as near as possible along the south line of the southeast quarter of the northwest quarter (SENW) in Section 15. 18. Grantee agrees to provide Grantor with surveys and plans of the pipeline prior to construction and "as built" surveys after construction. The provision of a full and complete "as-built" survey is a material requirement of this Agreement. It shall be Grantee's responsibility to record necessary documents in Garfield County, and to provide Grantor with copies of recorded documents. 0 Cancel STR Owner Naml Jdress MESA PARTNERS Protest (T) Cl CAMA (A) -~ 1 Name ;] Situs L'_ Pre/Sue [j Mobile Auth [J Personal (P) ' Mobile [J Remarks '1 Yalue D Oil and Gas ~ Tract I ! Tax Sale I Condo C ~=Block D Spc Asmt [J Control I Recording L' Imaging Mines Sales ; ' Sibling ~ Mise (1\11 · : Flags I History L' PPCertLtr C Sketch n Exemption Queries ------- !ACCOUNT L ---------- --~ (Zl Legal Description ' ----------~--· ·"· ----- Inquiry Only Clear Exit ~ at } 1 _ o'cloc~ ---f----M _ P· · .;2, I -! f Aeclepllon No. -~-1.:•; .,r.c.·· /.LGI)ORF, A!CORoe .. 800k 769 PACf518 GAll fiELD GAAFIELD COUNTY, COt.OAAOO State Doa. F M SPICIAL J)IRAITY DIID J. /50.~ BATTLEMENT MESA, INC., a Delaware corporation, with an address of 800 Bell street, Houston, Texas 77001, for the consideration of ten dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to BATTLEMENT MESA PARTNERS, a Colorado general partnership,·with an address of 5575 DTC Parkway, Suite 300, Englewood, Colorado 80111, the real property located in the County of Garfield, State of Colorado, more particularly described in Exhibit A attached hereto and incorporated herein, with all its appurtenances, and warrants the title to the same against all persons claiming the whole or any part thereof, by, through or under the grantor, subject to the matters described on Exhibit B attached hereto and incorporated herein. SIGNED this ~0~ day of December, 1989. BATTLEMENT MESA, INC., ,,. a Delaware corporation ' ATTEST-: By: Rieh~ger, Vice Pres~de STATE CJF COLORADO ) ) ss. ) The foregoing instrument was acknowledged before me this ;,o'!h day of December, 1989 by Riel!.al!'s A. stonqer as Vice President and John c. Moline as-Secretary of Battlement Mesa, Inc., a Delaware corporation. '--/f.,.;::)- WITNESS my hand and official seal. My commission expires: (SEA·J~) MHSD/ABlo eoo~ '769 PA~E519 EXHIBIT A (Attached to and made a part of Special Warranty Deed dated as of December~· 1389, executed by Battlement Mesa, Inc.) LEGAL DESCRIPTION A parcel of land lying in s~ctions 5, 6, 7, 8, 9, 10, 16, 17, 18, and 19, Township 7 South, Range 95 West and Sections 13 and 24, Township 7 South, Range 96 West, of the sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at the East 1/4 corner of Section 5, Township 7 south, Range 95 West; Thence along the East line of section 5 South 00'15'43" West a distance of 1628.34 feet, to the Southeast Corner of the Nl/2 NEl/4 SEl/4 SE1/4 of Said Section 5; Thence along the South line of the N1/2 NEl/4 SEl/4 SEl/4 North 87'19'30" West a distance of 664.56 feet, to the Southwest Corner of said N1/2 NE1/4 SEl/4 SE1/4; Thence along the West line of the N1/2 NEl/4 SE1/4 SE1/4 of Section 5, North 00'23'16" East a distance of 324.34 feet to the Northwest Corner of said NE1/4 SE1/4 SE1/4; Thence along the North line of the SE1/4 SEl/4 of said Section 5, North 87'26'14" West a distance of 663.79 feet, to the Northwest Corner of said SEl/4 SE1j4; Thence along the West line of SE1/4 SE1/4 of said Section 5, South 00'30'52" West a distance of 1292.05 feet to the southwest corner of said SE1/4 SE1j4; Thence along the South line of said Section 5, South 86'59'25" East a distance of 1333.74 feet to the Southeast Corner of said Section 5; Thence along the North line of Section 9, Township 7 South, Range 95 West, South 87'59'43" East a distance of 1326.37 feet, to the Northeast Corner of the NW1/4 NW1/4 of said Section 9; Thence along the East line of the NW1/4 NW1/4 of said Section 9, South 01'02'26" West a distance of 1301.45 feet to the Southeast corner of said NW1/4 NWl/4; Thence along the North line of the SEl/4 NWl/~ of said Section 9, South 88'02'23" East a distance of ;.,24.35 feet to the Northeast Corner of said SEl/4 NWl/4; Thence along the North line of the SWl/4 NEl/4 of said Section 9, South 88'35'51" East a distance of 1275.60 feet, to the Northeast corner of said SWl/4 NEl/4; Thence along the West line of the NE1/4 NE1/4 of said Section 9, North Ol'04'15N East a distance of 1311.84 feet A-1 BfiOK 769 ~ACE 521) to the Northwest Corner of 'said NEl/4 NEl/4; Thence along the North line of said Section 9, south 89'06'43* East a distance of 1274.26 feet to the Northeast corner of said section 9; Thence along the Ec.st line of said Section 9, south 01'00'49* West a distance of 1323.29 feet, to the southeast Corner ~f the NE1/4 NE1/4 ~~ said Section 9; Thence along the N~rth line of the SWl/4 NWl/4 of Section 10, Township 7 south, Range 95 West, South 88'46'55* East a distance of 631.29 feet to a point on the North line of the said SW1/4 NW1/4, 687 feet West of the Northeast corner of said SW1/4 NW1/4, said point being the Northwest Corner of that parcel of land described in Document Number 198564 as recorded in Book 302 at Page 200 of the records of the Clerk and Recorder of Garfield County; Thence along the boundary of said parcel the following five {5) courses: {1) south 00'49'34* West a distance of 221.67 feet; { 2) South 48 • 'J9'56" East a distance of 361.92 feet to a point 456.00 feet, as measured at right angles, southerly from the North line of the SWl/4 NW1/4 of said Section 10; {3) South 89'17'47* East a distance of 166.55 feet; {4) South 00'49'34* West a distance of 201.43 feet; {5) South 89'17'47* East a distance of 246.37 feet; to a point on the East line of said SWl/4 NW1/4 655 fee'. South of the Northeast Corner of said SW1/4 NW1j4; Thence departing said parcel boundary along the East line of the SW1/4 NW1/4 of said Section 10, south 00'54'36" West a distance of 667.20 feet to the Southeast Corner of said SW1/4 NW1/4; . Thence along the East line of the NW1/4 SW1/4 of said section 10, south 00'54'38* West a distance of 1315.11 feet to the Southeast Corner of said NW1/4 SW1/4; Thence along the South line of the NW1/4 SW1/4 of said Section 10, North 89'11'04* West a distance of 1323.06 feet to the southwest Corner of said NW1/4 SW1/4; Thence along the South line of the Nl/2 SE1/4 of Section 9, Township 7 South, Range 95 West, North 87'19'11" West a distance of 2557.45 feet to the Southwest Corner of said N1/2 SE1/4; Thence along the South line of the N1/2 SW1/4 of Section 9, North 88'38'08" West a distance of 2654.44 feet to the Southwest Corner of said Nl/2 SW1;4; Thence along the South line of the NEl/4 SEl/4 of Section 8, Township 7 South, Range 95 West, North 88'43'49* West a distance of 1331.33 feet to the southwest Corner of said NE1/4 SE:/4 of Section 8; A-2 BOOK 769 P!GF.521_ Thence along the West line of the SE1/4 SE1/4 of Section 8, South 01'20'14* West a distance of 1316.23 feet to the Southwest Corner of said SEl/4 SE1/4 of Section 8; Thence along the East line of the W1/2 NE1/4 of Section 17, south 01'00'57 6 West a distance of 2639.16 feet to the southeast Corner of said W1/2 NE1/4 of section 17; Thence along the North line of the NE1/4 SE1/4 of Section 17, south 88'46'04* East a distance of 1324.13 feet to the E1/4 Corner of Section 17; Thence along the Easterly line of the NE1/4 SE1/4 of Section 17, South 01'01'24* West a distance of 1320.50 feet to the Southeast Corner of the NE1/4 SE1/4 of Section 171 . Thence along the North line of the SW1/4 SW1/4 of Section 16, Township 7 South, Range 95 West, South 87'41'13* East a distance of 1330.94 feet to the Northeast Corner of said SW1/4 SW1/4; Thence along the East line of the SW1/4 SW1/4 of Section 16, south 01'03'30* West a distance of 1322.00 feet to the Southeast Corner of said SW1/4 SW1/4; Thence along the South line of said Section 16 North 87'37'18* West a distance of 1330.20 feet to the Southwest Corner of said Section 16; Thence along the South line of Section 17, Township 7 South, Range 95 West, North 88'44'01* West a distance of 1984.49 feet to the southwest Corner of the E1/2 SW1/4 SEl/4; Thence along the West line of the E1/2 SW1/4 SE1/4, North 00'59'11 6 East, a distance of 1319.91 feet to the Northwest Corner of sai.d E1/2 SW1/4 SEl/41 Thence along the South line of the NWl/4 SE1/4 of said Section 17, North 88'45'02* West a distance of 661.78 feet to the Southwest Corner of said NW1/4 SEl/4; Thence along the South line of the NEl/4 SWl/4, North 88 • 45' 02* West a distance of. 1158.58 feet to a point 10 rods East of the Southwest Corner of said NE1/4 SW1j4; Thence North 01'03'04* East a distance of 131.93 feet; Thence North 88'43'44* West a distance of 165.63 feet; Thence North 00'55'58* East a distance of 527.66 feet, along the West line of the NE1/4 SW1/4 t•.J the Northeast Corner of the S1/2 NW1/4 SW1j4; Thence North 88'45'33* West 1324.42 feet to the Northeast Corner of the E1/2 SE1/4, NE1/4 SE1/4 of Section 18, Township 7 South, Range 95 West; Thence along the North line of the E1/2 SE1/4 NE1/4 SE1/4 of said Section 18, North 88'24'33* west a distance of 329.86 feet to the Northwest Corner of said E1/2 SEl/4 NEl/4 SEl/41 Thence along the West line of the El/2 SEl/4 NEl/4 SEl/4 of said Section 18, South 00'53'57* West a distance of 659.61 feet to the southwest Corner of said El/2 SEl/4 NE1/4 SE1/41 A-3 r; " I Thence along the South line of the NEl/4 SE1/4 of said Section 18, North 88'26'07" West 3 distance of ~89.84 feet to the Southwest corner of said NE1/4 SE1/4; Thence along the East line of the SWl/4 SEl/4 of said Section 18, South 00'55'21* West a distance of 1320.46 feet to the Southeast Corner of said SWl/4 SEl/4; Thence along the East line of the Wl/2 NEl/4 of Section 19, Tmmship 7 South, Range 95 West, South 01' 06' 34'" West a distance of 2642.08 feet to the Southeast Corner of said W1/ 2 !!El/ 4 ; Thence along the South line of the NEl/4 of Section 19, North 88'41'12" West a distance of 1329.89 feet to the Southwest Corner of said NEl/4; Thence continuing Westerly along the south line of the NW1/4 of said Section 19, North 8!1'41'12" West 2570.38 feet to the Southwest Corner of said NWl/4 of section 19; Thence continuing Westerly along the South line of the NEl/4 of Section 24, Township 7 south, Range 96 West, North 89'32'43" West a distance of 2673.12 feet to the Southwest Corner of said NE1/4; Thence along the West line of said NE1/4, North 00'23'55* West 1023.06 feet; Thence North 01'25'42'" East 229.68 feet; North 31'20'39'" East a distance of 413.32 feet; North 23'57'45'" East a distance of 196.98 feet; North 03'44'35" East a distance of 107.23 feet; North 78'09'48'" East a distance of 170.63 feet; North 29'11'58'" East a distance of 807.63 feet; North 41'32'54'" East a distance of 223.14 feet; North 43'05'27'" East a distance of 127.35 feet; North 45'29'15" East a distance of 332.35 feet; North 87'42'34'" East a distance of 50.04 feet; North 31'06'41" West a distance of 332.88 feet; North 22'45'04'" West a distance of 336.16 feet; North 39'02'08'" west a distance of 476.34 feet; North 25'36'08'" West a distance of 266.13 feet; North 04'45'49'" West a distance of 301.04 feet; North 20'21'12'" East a distance of 330.64 feet; North 30'23'55* East a distance of 434.77 feet; North 40'00'23* East a distance of 365.55 feet; North 59'27'09* East a distance of 354.15 feet; North 67'50'01* East a distance of 437.32 feet; south 74'03'17* East a distance of 145.60 feet; North 74'48'51* East a distance of 362.66 feet; North 77'02'26" East a distance of 383.98 feet; North 80'16'54" East a distance of 645.06 feet; North 53'05'34" East a distance of 612.80 feet; North 36'59'27" East a distance of 284.20 feet; Nnrth 39'38'39* East a distance of 136.36 feet; 8f.IOK 769 I'AC£523 North 18'09'46" East a distance c! 266.27 feet; North 05'30'08" East a distance of 219.01 feet: North 35'52'20* East a distance of 298.65 feet; North 09'18'01 10 East a distance of 290.82 feet; North 09'50'56* East a distance of 292.31 feet; North 31'58'49* East a distance of 241.68 feet; North 18'54'07* East a distance of 271.65 feet; North 23'11'55" East a distance of 380.79 feet; North 09'57'50 10 East a distance of 375.67 feet; North 06'34'55* West a distance of 261.72 feet; North 05'26'25* East a distance of 105.48 feet; North 20'08'11'" East a distance of 159.76 feet: North 04'25'19" East a distance of 105.19 feet; Thence leaving said Colorado River centerline South 81'08'11" East 415.22 feet; Thence North 01'04'10" East a distance of 485.22 feet; Thence south 88'24'36" East a distance of 83.00 feet; Thence North 53'18'25" East a distance of 635.50 feet to the southerly Right-Of-Way of the existing county Road; Thence along said Right-Of-Way South 43'14'11" East a distance of 55.74 feet; Thence continuing along said Right-Of-Way South 34'04'07" East 107.02 feet; Thence continuing along said Right-Of-Way South 15'35'44* East 66.56 feet; Thence North 72'19'16" West a distance of 13.56 feet; Thence South 79'47'18" West a distance of 24.89 feet; Thence South 37'23'26" West a distance of 100.52 feet; Thence South 06'07'27" West a distar.~e of 83.52 feet; Thence North 88'48'43" East a distance of 85.28 feet to the westerly Right-Of-Way of the existing county Road; Thence along said Right-Of-Way the following courses and distances; South 10'11'10" East a distance of 50.84 feet; Thence 244.26 feet along the arc of a curve to the left having a radius of 1611.94 feet, the chord of said curve bears South 02'50'01" East a d.istance of 244.03 feet; Thence 331.22 feet along the arc of a curve to the left having a radius of 270.10 feet the chord of said curve bears South 42'18'20" East 310.85 feet; Thence south 77'25'36" East a distance of 249.91 feet; Thence South 82'00'16" East 142.25 feet; Thence leaving said County Road Right-Of-Way North 13'52'58" East a distance of 60.00 feet; Thence South 76'07'01" East a distance of 196.00 feet; Thence South 66'03'01" East a distance of 92.80 feet; A-5 -----------~--------~~ BOOk 769 PAGE524 Thence North 64'50'00* East a distance of 12.20 feet; Thence South 86'44'06" East a distance of 201.00 feet; Thence North 01'36'29* East a distance of 650.00 feet; Thence North 86'44'01" West a distance of 359.65 feet; Thence North 01'36'06* East a distance of 469.21 feet: Thenc~ North 01 32'15" East a distance of 568.40 feet; Thence North 01'39'14" East a distance of 355.62 feet; Thence North 85'54'03" West a distance of 478.86 feet to the high water line of the Colorado River; Thence along said high water line the following courses and distances: North 13'05'07 6 East a distance of 307.73 feet: North 06'43'43" East a distance of 896.17 feet; North 19'49'25" East a distance of 613.35 feet; North 42'43'01" East a distance of 426.02 feet; North 56'49'54" East a distance of 1~2.78 feet; North 49'26'57" East a distance of 246.11 feet: North 61'16'18" East a distance of 853.00 feet; North 67'09'59" East a distance of 206.15 feet; North 69'11'36" East a distance of 267,44 feet; North 87'08'15" East a distance of 320.40 feet; South 73'22'09" East a distance of 80.36 feet; North 88'43'46" East a distance of 541.13 feet; south 88'09'51" East a distance of 312.16 feet; South 82'24'43* East a distance of 155.46 feet; South 84'31'33" East a distdnce of 332.93 feet; South 84'58'17" East a distat'1Ce of 244.74 feet: North 42'17'27" East a distance of 998.88 feet; North 27'02'16• East a distance of 109.07 feet; Thence leaving said Colorado River High Water Line South 87'53'17" East a distance of 2095.95 feet to the point of beginning. EXCEPTING THEREFROM the following parcels: Excepted Pare~ The SE1/4NE1/4 of Section 18, Township 7 south, Range 95 West of the 6th P.M. as conveyed to Edward T. Hoaglund and Ida Lee Hoaglund by deed dated May 13, 1969 and recorded by Reception No. 243419. Excepted Parcel 2 A parcel of land located in the E1/2 NE1/4 of Section 9, Township 7 south, Range 95 West of the sixth Principal Meridian lying South of the centerline of the existing county Road which bisects said El/2 NEl/4 being more fully described as follows: A-t; -.-. 8UfiK 769 PACE525 Beginning at the Southwest Corner of the El/2 NEl/4 of said Section 9; Thence North 01'04'15* East 1326.43 feet to the centerline of the existing County Road; Thence along said centerline the following courses: South 88'05'38* East 606.75 feet; Thence 173.76 feet along the arc of a curve to the left having a central anqJe of 36'50'oo•, a radius of 270.29 feet and a chord that bears North 73'13'49* East 170.52 feet; Thence North 54'33'16* East 112.11 feet; Thence 266.93 feet along the arc of a curve to the light having a central angle of 79'30'00*, a radius of 192.38 feet and a chord that bears South 79'26'03• East 222.24 feet; Thence South 54'46'19* East 238.44 feet; Thence leaving said road centerline south v1'00'49* West 1284.83 feet, along the East line of said E1/2 NE1/4 to the Southeast Corner of said E1/2 NEl/4; Thence North 88'05'03* West 1277.04 feP~ along the south line of said E1/2 NEl/4 to the point of beginning. Excepted Parcel 3 All that part of the NE1/4 SE1/4 of section 7, Township 7 South, Range 95 West of the 6th P.M., Garfield county, Colorado, lying and being South and West of the right-of- way for County Road No. 305 as now constructed, as conveyed to Clara E. Mahaffey by deed dated November 10, 1941 and recorded as Reception No. 146955. Excepted Parcel 4 A parcel of land beginning at the Northwest corner of the NE1/4 SEl/4 of Section 7, Township 7 South, Range 95 West, 6th P.M.; thence South 02'36 1/2' West 586.9 feet; thence South 75'07' East 196 feet; thence South 65'03' East 92.8 feet; thence North 65'50' East 12.2 feet; thence North 85'44' West 201 feet; thencP. North 02'36 1/2' East 650 feet; thence North 85'44' West 489.4 feet to the point of beginning. Excepted Parcel 5 A parcel of land conveyed to the Grand Valley Cemetery District located in section 17, Township 7 South, Rang~ 95 A-7 800K ?69 PtC£526 West of the 6th P.M., Garfield County, Colorado according to the Plat recorded January 29, 1985 as Reception No. 368453. Excepted Pa~~ All land conveyed to Fred G. Gardner and Henrietta Gardner by deed dated June 8, 1957 and recorded as Reception No. 198028, conveyed to Ruth I. White by deed dated ovember 7, 1958 and recorded as Reception No. 203414 and by deed dated May 14, 1981 and recorded as Reception No. 3~5~95 conveyed ~o Cecil A. Gardner and Ruth L. Gardner. Together with a parcel of land loc<O.ted in Section 18, Township 7 south, Range 95 West of the Sixth Principal Meridian and more particularly described as follows: Beginning at a point whence a Bureau of Reclamation Brass Cap monumenting the W1/4 Corner of said section 18 bears North 88'23'00* West 777.00 feet: Thenc.a North 17'37 1 00 .. East 180.00 feet: Thence South 88'23'00* East 457.16 feet; Thence south 24'50'39* West 188.29 feet; Thence North 88'23'52* West 432.52 feet to the point of beginning. Excepted Parcel 7 All land conveyed to the Board of County commissioners of Garfield County by the following deeds: Recording Da~ September 13, 1911 March 9, 1915 March 9, 1915 March 9, 1915 March 9, 1915 March 9, 1915 August 9, 1950 August 9, 1950 August 9, 1950 December 3, 1907 January 5, 1905 March 9, 1915 ~lk/Page 83/520 86/341 86/344 86/345 86/343 86/340 252/17 252/18 2!'6/16 67/514 62/77 86/342 A-8 Reception No. 42609 51360 51:.63 51364 51362 513 !59 173062 173063 173061 34352 30258 51361 I i .j BfJGK '769 PtG£5Z7 Excepted Parcel 8 All land conveyed to Public Service Corporation by the following deeds~ Recording oat~ September 11, 1909 May 25, 1961 re-recorded June 6, Excepted Parcel 9 Book/Page 79/146 334/242 1961 334/324 &gception..J!Q.... 37714 213946 213952 That portion conveyed to The Mountain States Telephone and Telegraph Company by document recorded June 7, 1981 in Book 576 at Page 230 as Reception No. 316688. Excepted Parcel 10 That portion conveyed to Storer Cable T.V. Inc. by document recorded September 11, 1981 in Book 581 at Page 120 as Reception No. 319076. Excepted Parcet_ll That portion conveyed to Eaton Investment Company by document recorded April 15, 1982 in Book 597 at Page 229 as Reception No. 326735. Excepted Parcel 12 All those portions lying Northerly of the Southerly bank and Westerly of the Easterly bank of the Colorado River. Excepted Parcel 13 50% interest comreyed to Richard A. Stenger, Delbert E. Dawson, Stephen M. Virden, Robert A. Foster and William W. Wilde, by document recorded February 22, 1988 in Book 729 at Page 231 as Reception No. 389775. Excepted Parcel 14 That portion conveyed to the Garfield County Colorado School District 16 Building corporation by document recorded september 17, 1985 in Book 675 at Page 572 as Reception No. 365005 and platted as L.W. st. John Middle School, Plat recorded December 5, 1983 as Reception No. 347912. A-9 80Jk 769 f'AC£528 Excepted Parcel 15 That portion conveyed to the Battlement Mesa service Association by document recorded September 23, 1982 in Book 608 at Page 648 as Re.ception No. 332739. Excepted Parcel 16 60\ interest conveyed to Richard A. Stonger, Richard L. Witt, Robert A. Foster and William w. Wilde, by document recorded March 11, 1987 in Book 707 at Page 44 as Reception No. 379728. E~:cepted Parcel 17 All property contained within Town center Filing No. 4, according to the Plat thereof, recorded October a, 1986, as Document No. 375171. Excepted Parcel 18 The following property contained within Monument Creek Village, Section One, according to the Plat thereof, recorded August 11, 1981 as Document No. 318004: All of Block 1, All of Block 2, Lot 1, Block 3, Lots 5, 13 and 25, Block 5, Lots 1, 4, 5 and 7, Block 6, Lots 1 through 4, Block 7, Lots 1, 4 and 5, Block 6, Lots 5, 8, 9, 10, 17, l9 and 21, Block 9, All of Block 13, Lvts 1, 2, 3 and 4 through 14, Block 14, Lots 1 through 3, 5, ?, 9, 11, 17, 18, 21, 23 through 26 and 2~, Block 15, Lots _, 3 through 9, 13 through 17, and 19 through 25, Bloc:k 16, Lots 1 and 4 through 8, Block 17, Lots 2 thx·ough 9, Block 18, and .>.11 of Bleck 19 Excepted Pa~cel 19 The following property contained within Willow Creek Village, Section One, according to the Plat thereof, recorded November 9, 1981 as Document No. 321237: A-lO Lot 4, Block 1, Lots 1 and 8 through 10, Block 2, r~ts 1, 2 and 8, Block J, and Lots 5 through 9, Block 4 Excepted Parcel 20 Lot 22, Block 2 and BUG« ?69 PACE 529 Lots 17 through 19 and Lot 27, Block 4, Battlement creek Village, Section one, according to the Plat thereof, recorded November 16, 1981 as Document No. 321539. Excepted Parcel 21 Lot 1, Flock 1, River Bluff Filing 9, accordlng to the Plat thereof, recorded July 18, 1983, as Document No. 344072 and the Replat, r~corded May 7, 1984 as Document No. 352082. Excepted Parcel 22 Lot 1, Block 1, Jack's Pocket Village Filing 4, according to the Plat thereof, recorded July 22, 1983, as Document No. 344066. Excepted Parcel 23 Lots 13 and 16, Block 18, Saddleback Village Filing No. 1, acc~rding to the Plat thereof, recorded July 19, 1988 as Document No. 393852. Excepted Parcel 24 Lots 4, 5, 6 and 7 Mesa Ridge Phase I according to the Plat thereof recorded September 12, 1988 as Document No. 395200. Excepted Parcel 25 Lots 1, 2 and 3, Block 1, River Bluff Filing No. 1, according te> the Plat thereof, recorded under Reception No. 371428. _Excepted Pa··c. .. ~ 26 Lot 1, Block 1, River Bluff Filing No. 2, according to the Plat thereof, recorded under Reception No. 344067. A-ll 8/JGK 76'-J P!CE530 Excepted Parcel 27 Lot 1, Block 1, River Bluff Fihng No. 3, according to the Plat thereof, recorded under Reception No. 344068. Excepted Parcel 28 Lot 1, Block 1, River Bluff Filing No. 4, according to the Plat thereof, recorded under Reception No. 344069. Excepted Parcel 29 Lot 1, Block 1, River Bluff Filing No. 5, according to the Plat thereof, recoz-ded under Reception No. 352323. Excepted Parcel 30 Lot 1, Block 1, Jack's Pocket Vill~ge Filing No. 2, according to the Plat thereof, recorded under Reception No. 344064. Excepted Parcel 31 Lot 1, Block 1, Jack's Pocket Village Filing No. 3, according to the Plat thereof, recorded under Reception No. 344065. Excepted Farcel 32 Lot 1, Block 1, The Highlands Filing No. 1, according to the Plat thereof, recorded under Reception No. 344062. Excepted Parcel 33 Lot 1, Block 1, Tamarisk Lift Station, according to the Plat thereof, recorded under Reception No. 363320. A-12 !llllsd/ ab4 Npv-11-02 10:43A J. '·· 'Ourn, Jr .. & ca .. 3r ·· 7c ·. 8980 I RIGHT~OF·WAY AGREEMENT STATE Oli' COLORADO) COliNTY OF GARFl!<;LO) KNOW ALL MEN BY THESE PRESJI.NT P.02 That the undersigned, hereinafter called GRANTOR for ten dolllll's ($10.00) and other valuable considerations in band paid, the receipt and sufficiency of which are hereby acknowledged, does hereby Grant, Bargain, Sell and Convey to Canyon G11s Resonrces, Inc., whose address is 7400 East Orchard Road, Suite 270, Englewood, Colorado 80111, (Herein after referred to as GRAN'l".qE ), its successors and assigns, the right, privilege, and easement to survey, clear and excavate along a route, to lay, construct, operate, maintain, inspect, test, repair, alter, protect, remove, abandon, or replace one pipeline and appurtenances for the transportation of oil, gas or other substances transportable by pipeline, together with all other rights necessary or convenient for the enjoyment of the right, privileges and easement hereby granted, over and along a Right of Way Easement, shown on the pre. construction exhibit, attached hereto. The easement shall be fifty (50) feet in width during the period of initial construction. After initial construction has been ~;ompleted, the easement shall revert to twenty-five (25) feet in width permanent easement within, on and across the following descnoed lands in Garfield County, Colorado, to-wit: 15 ~ / ToWJ!.ship 6 South, Range 95 West Section 16: The North 25 feet of the SW4SW4 Section 17: The £ast 25 feet ofthe SE4S.l£4 Grantee agrees to record this R!ght--ut~Way agre<:ment, attaching a center-line survey plat as Exhibit "A" (incorporated herein by reference) of the actual route of the pipeline, "as built" within the above described lands The GRANTEE shall ha.ve all of the rights and benefits necessary or convenient for the full enjoyment or U.'le of the right herein granted, including, but without limiting the same to the free right of ingress to and egress over and across said lnnds to and from said right-of-way and easement along the existing private road, being located in the ~outh 30 feet t)f the SE4, Section 17. Township 6 South, Range 95 West, and the right ti·orn time to time to cut all trees, undergrowth and other obstructions that, in its judgment, may injure, endanger or interfere with the use of said pipeline. GRANTOR hereby reserves th<l right to use said land in any manner that will not prevent or interfere with the exercise by GRANTEE of its rights hereunder, provided, however, that GRANTOR shall not construct, nor permit to be constructed, any house, building, improvements, or obstructions within the permanent right-ol:way, without the express prior consent of the GRANTEE. 1. t-(o 7 It.,)' oo ur?( I37Gif>5fl Npv-11-02 10:43A .J. '-· ~'>ourn, .Jr. & co. 3(\C: -7? ~. 8980 ( P.03 The rights herein b>Tanted may be assigned in whole or in part and the tem1s, conditions and provisions hereof slml! extend Lo Md be binding upon the heirs, e~ecutors, administers, personal representatives, successors and assigns, of the parties hereto. GRANTEE coven~nL~ and agrees to indemnify and fMcver hold harmless the GRANTOR against each and every <;laim, demand (lr cause of action thal may be made or come against him by reason or in any way arising out of any defect, imperiection, operation, maintenance or construction of said pipeline. GRANTEE hereby agrees to bW)' all pipe to a sutlicient depth so as not to intertere with cultivation of soil and to pay any damages which may arise to growing crops, existing buried telephone line(s) and fences from the construction, maintenance and operation of pipeline o.nd related facilities constructed under the terms of this grant. The considemtion received for this easement includes payment for the nonnal damages caused by the .initial <:on~truction of the pipeline and its appurtenances o.nd temponuy use of existing private road to access the Right of Way. Grantee further agrees to install 12 foot steel gates at all fence crossings and to grade and restore existing access road used to access construction areas upon completion of construction. GRANTOR shall not interfere with the exercise of GRANTEE'S rights by CoT'Istructing or permitting to be constructed any permanent structure upon the casement strip herein conveyed and GRANTOR further agrees not to change the grade, remove dirt from the surface of the easement or impound water over the easement without prior written approval of GRANTEE. GRANTRE, it's contractors, subcontractors, agents and or assigns agree to comply with the construction considerations and requirements as shown on E~hibit "B" attached hereto and made a part hereof. ft is mutually agreed and understood that this Agreement, as written, covers all agreements and stipulations between the said parties, and no representations or statements, oral or written, have been made modifying, adding to, or changing the terms ofhereof. rN TESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this _L~ ... daY of October, 2002. ·. GR.ANTOR(S): BATTLEMENT MESA PARTNERS BY: ___ .. &. Thomas B. Beard )'resident and General M11nager Nov-11-02 10:44A J. L. r~ourn, Jr. & Co. THE STATE OF COLORADO) COUNTY OF GARfl!ELD) 3o,:;1.. 7 :?-"' 8980 ( This instrulJient wa.~ acknowledged before me on the i&L_<Jay ot' .. ~~<; T .. ~~&. 2002 belbre me, a notary public, in and for said county and state, personally came the abow-namcd Thomas B. Beard, President and General Manager of Battlt:ment Mesa Partners, who is personally known to me and known to be lhc identical person whose name is affixed to the above instrument to be his voluntnry net and deed. IN WITNESS WHEREOF 1 have hereunto set my hand aJ\d affixed my notary seal the day and year last above written, My Commission Expires: }l--..>t£. / ?. .;;l.tM3 '· P.04 NON-EXCLUSIVE ROAD USE PERMIT i This AGREEMENT. executed to be effective this __ day of September, 2002. by and between Battlement Mesa Partners, whose address is P.O. Box 6000, Battlement Mesa, Co .• 81636. (Grantor) and Canyon Gas Resources. Inc. whose address is 7400 East Orchard Road. Suite 270, Englewood, Co., SO Ill, (Grantee). WITNESSETH In consideration of the mutual promises contained herein. Grantor and Grantee agree as follows: I. Grantor agrees to provide a non-exclusive permit to use an existing private access road located "'ithin the following described real estate situated in Garfield County, Colorado, to wit: Township 6 South, Range 95West, 6'" P.M. Section 17: the South SO feet oftheSE4SE4 Said road use permit is more particularly shown on Exhibit ~A" attached hereto and made a part hereof. 2. Grantor and Grantee agree that the road is to be utilized by the Grantee for the purpose of access to their pipeline right-of-way during construction and for future service, inspection, operation, maintenance and repair. 3. Grantee shall bear all costs of any road improvements such as grading andior graveling needed to meet their use requirement. Grantee further agrees that it will be responsible for the cost of maintaining and repairing any damages to said road caused during their use. 4. Grantee shall reimburse Grantor for direct damages to personal property, crops, or livestock caused by or directly resulting from Grantees operation of it's vechicles upon said lands. 5. Grantor. it's successors and assigns, maintain the right to use the road as they desire for any and all times. 6. Grantee specifically agrees that it shall exercise its privileges hereunder at its own risk. Grantee further releases Grantor from and shall indemnitY and hold Grantor harmless from aU liability for damages, costs. losses. and expenses, including attorney's fees, resulting from, arising out of or in any way connected with Grantee's use of the road and any claim by and any claim relating to acts or omissions of Grantee's agents, employees, contractors. or licensees while utilizing said road. 7. This is the entire agreement between the parties hereto relative to the road on the above described property. No variations, modifications, or changes shall be binding upon either party unless set forth in writing, duly executed by both parties. IN WITNESS WHEREOF, the parties hereto have this date executed this Agreement to be effective on the __ day of September. 2002 GRANTOR(S): BATTLEMENT MESA PARTNERS By: ----~T~h~o-m_a_s~B~.~B~ea--rd~--------- President and General Manager GRANTEE: CANYON GAS RESOURCES, INC. By:------·---- State of Colorado) County of Garfield) On this _day of September, 2002 , before me a notary public in and for the said county and state personally appeared Thomas B. Beard known to me to be the same person who executed the foregoing instrument and such perscn acknowledged the same as their voluntary act and deed. Witness my hand and official seal. My Commission Expires: _____ _ Notary Public State of _____ _ County of _____ _ On this _day of September, 2002, before me a notary public in and for the said county and state personally appeared as for Canyon Gas Resources, Inc. who executed the foregoing instrument, and such person duly acknowledged the execution of same as their voluntary act and deed and the voluntary act and deed of said Corporation. Witness my hand and official seal. My Commission Expires--------Notary Public ·- .-· ' 1. '•"' { .. _.I --·.,: .. · ... .• . ..... . / ' / /-? .. "· L-' • ./ ( : -· . ' :. \ '. l __ , i ~~ "? g Q % ,. i' . lt ,, .. ' t, .. ·,·, .-- -· .. ·-··· .· ·- .. . .... Tract :_j Tax Sale Condo ~ Spc Asmt : - Block Mines ' Sales ·__: Sibling Mise (Ill. . Flags Recording Control Imaging History PPCertltr Sketch Exemption DESC: E1/2NE BK:6914 PG.0/2 ~ PG:04!;2 BK:0516 PG:0830 BK:0516 PG:0826 SEVERED nMIINERAILS 8047.()78.()7.()00 Queries ACCOUNT Inquiry Only Clear Exit ii li II !I 'I II il ' Recorded at .... l1.;2.<2 ...... c 'cloek ... /L ... M. ----~-~-Y. ..... ~.J~.?.~ .. ~-~ Reception Jo ... J:~1J-.782 Ella Stephens. Recorder SIA!t lleiiiiiAIY m NOV 3 1978 WARRANTY DEED !10NA G. GARDNER whose address is 0134 C.R. 303 , City (or Town) of Grand Valley ' County of Garfield ' State of ---,C~o~lr.o~r~a~arro~~-------, for the cot~ideration of $------~---- in hand paid, hereby sell(s) and convey(s) to ALBERTA PAYTON and WAYNE PAYTON, as joint tenants whose address is ____ o_l_3-,4::-c_._R..,. __ 3_0;-3-----r:.n~lgity (or Town) of Grand Valley County of Gatr= , State of Colorado , the follow~i~n~g-.d-:e-:s-c~r~i~b~e~d-r=e=a=l~p=roperty in C f GarfiEld d ounty o ----------------• and State of Color~ o, to-wit: The ~NE~, Section 20, Tp. 7 S., R. 95 W,, 6th P,M, the Together with a proportionate share of the water rights appurtenant thereto, including, but not limited to, one-h~lf. of the grantor' ::s t:ight in and to 'the Wandering Jew Ditch. (Mailing address of grantee·:· . .134 C.R. 303, Grand Valley, co 81635) with all its appurtenances and ~atral\t(s) the title to the same, subject to ·l978 property taxes aria-s_ssessmetlts, easements, righ~:; "'f way, restrictive covenants of re_cord, rt.~servS:tiOils contained within the United States patent to the subject property I Signed this ;:<'3"' day of Oct.S4[ • 19~. STATE OF COLORADO ) COu~TY OF GARFIELD)88 ' ·... . The foregoing instrument ... ~~!/·;·... Octobe.r , 1978 . / ·~ 'J'?Y<I was acknowledged before me this _?_._J-__ ·· day , by Nona G. Gardner ·"~'/ ···~_,J·: .. \!1 t,-·:'·: • . f 'c· .. .:--o-' 0 .W~TNESS MY HAND AND OFFICIAL S AL. \. ·; .. /i'.fl n M} \~o~fssion expires: ·•· .. ""1;-~:!l· . --:, .... "' ..... ··-.. ~. or c.•'\' .. / 1-lq-'ifz ···~ .. "" ····· .. · Nota 496704 B-987 MILDRED AlSOORF P-750 08/02,~6 01:28P PG 1 OF 1 GARFIELD COUNIY CLERK AND RECORDER REC 6.00 IXlC THIS DEED, Made this ?,Cth dayof June 19, 86, between Mona G, Gardner of the County of Garfield Colont.do, ofthe first part. and Alberta R, Payton, Payton, Ann Williams, as joint tenants and State of Rand W. RECORDER'S STAMP 11 whos~ legal address is : of the County of Garfield and State or Colorado, of the second part: WITNESSETH, that the said partY of the first part, for and in consideration of the sum of i' DOLLARS, i to the said part Y of the first part in hand paid by the said parties of the second part, the receipt wllereofis hereby I! confessed and acknowledged, ha S granted, bargained, sold and conveyed, and by these presents do i' ! i grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in :1 tenancy in common but in joint tenancy, all the following described/lit// prj parcel of land, situate, lying and being in I! the County of Garfield and State of Colorado, to wit: i: I! Tp. 7 S., R. 95 W., 6th P.M. 160 acres more or less. Section 20: N~E~, N~SW%, SW%$W~, containing Together with all ditch and ditch rights, water and water rights, appurtenant thereto or used in connection therewith. also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise II ,, q II ,. II i! I! 1 • appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the i .I efllate, right, title, interest, claim and demand whatsoever of the said part y of the first part, either in law or equity, of, in and to the above bargained premises, w1th the hereditaments and appurtenances. ; 1 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the IIJ. ~~~ said parties of the second part. their heirs and assigns forever. And the said party ofthe first part, for her self her heir~. executors, and administrators does covenant, grant, bargain and agree to and with the f said parties of the second part, their heirs and a~signs, that at the time of the ensealing and delivery of these l.il j ~ presents well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible • 1 1. estate of inheritance, in law, in fee simple, and haS good right, full power and lawful authority to grant, bargain, II, I i• ;f i il I !i sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessment and encumbrances of whatever kind or nature soever. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their . 1 .• 1~ heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part of the first part shall and will WARRANT AND FOREVER DEF~ND. IN WITNESS WHEREOF the nid party of the first part has hereunto set herhand and ll'j seal the day and year finst above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO County of P.-arfi el rJ. The foregoing instrument was aeknowledged before me this 1986, by Mona G. Gardner My commission ex!Jires .lJEc!, . II 6 -------------lfSEAL) fi ________ ___(SEAL] ii day of June ·' 'I !I I• '! " " !I Nov•ll-02 l0:44A J. · )ourn,. Jr. & Co. 30~ 7 P.06 RIGHT-OF-WAY AGREEMENT STATE OF COLORADO) KNOW ALL MRN BY THESE PRESENT COUNTY OF GARFIELD) That the understgned, hereinafter called GRANTOR for ten dollars ($1 0.00) and other valuable considerations in hand paid, the receipt and sunicicncy of which are hereby acknowledged, does hereby Grant, Bargain, Sell and Convey to Canyon Gas Resources, Inc., whose address is 7400 East Orchard Road, Suite 270, Englewood, Colorado 80 Ill, (Herein after referred to as GRANTEE ), its successors and assigns, the right, privilege, and casement to survey, clear and excavate along a rout<:, to lay, construct, operate, maintain, inspect, rest, repair, alter. protect, remove, abandon, or replace one pipeline and appurt<:nanccs for the transportation or oil, gas or other sub~'tances transportable by pipt:line, tog<:ther with all other rights n<:cessary or convenient for the enjoyment of the right, privileg~s and easement hereby grant~d, over and along a Right of Way Easement, shown on Exhibit ''A''. allached hereto and made a part hereof The casement shall be fiA.y (50) feel in width during the period or initial consnuction and an additional temporary workspace of twenty-five (25) feet as may be needed. After initial construction has been completed, tho easement shall revert to twenty-five (25) feet in width and which casement is on and across the following described lands in Garlicld County, Colorado, t(l-wit: Township 7 South, Range 95 West Section 20: F.2NR4, SW4 - More particularly described and shown on Exhibit "A" attached hereto and made a part her~:of. The GRANTEE shall have all of the rights and benefits necessary or convenient for th~ full enjoyment or usc of U1c right herein granted, including, but without limiting the same to the free right or ingress to and ewess over and across said lands to and from said right-ol~way and easement and the right from time to Lime to cut all trees, undergrowth and other obstructions that, in its judgment, may injure, endanger or interfere with the usc of said pipe! in<:. GRANTOR hereby reserves the right ro use said land in any mann<:r that will not prevent or interfere with the exercise hy GRANTEE of its rights hereunder, provided, however, that GRANTOR shall nnt construct, nor permit to be constructed, any house, building, improvements, or obstructions Within the permanent right-nl~way, without the express prior consent or the URANTF.F.. The rights herein granted may be assigned in whole or in part and the tenns, conditions and provisions hereof shall extend to and be binding upon the heirs, executors, administers, personal representatives, successors and assigns, of the parties hereto. j.tfo 7 ;.o 3 "o 6o L ;z.ifo 7 .,t_o 1 oo () g> () Nov-11-02 10:44A J. o • ·ourn, .Jr. & Co. 30:< 7 8980 P.07 GRANTEE covenants and agrees to indemnify and lt1rcvcr hold ham1lcss the URANTOR aga1nst each and every claim, demand or caus~ of action that may be made or come against him hy reason or in any way arising out of any defed, imperfection, operation, maintenance or consti1Jction of said pipeline. GRANTEE hereby agrees to bury all pipe to a sufficient depth so as not to interlcre with cultivatam of soil and to pay any damages which may arise to !,>TOwing crops and fences !'rom the construction, mamtcnanec and operation of pipelines and related facilities constmctcd under the tem1s of this grant. The consideration received ft)r this easement includes payment for the normal damages caused by the initial construction of the pipeline and its appurtenances and temporary use of existing private roads to acc~ss the Right of Way. Grantee further agrees to install 12 fool steel gales at all fenc<' l:rossings and lo b>Tadc existing access roads used to access construction ar<'as upon completion l>f<:nnstruction. GRANTOR shall not intertcrc with the exercise of GRANTEE'S riuhts by constructinu or w • w permitting to be constructed any pem1ancnt structun: upon the casement strip herein conwyed and GIZA NTOR further agrees not to change the grade. remove dirt from the surface of the easement or impound water over the eascmcnr without pril>r written approval of GRANT!lt.:. GRANTER, it's contractors, subclmlractors, agents and or assigns ab>Tee to comply with the construction considerations and requirements as shown on Exhibit "l:f' attached hereto and made a part hereof. It is mutually agreed and understood that this Agreement, us wrillcn, covers all agreements and stipulations hctween the said parties, and no representations or statements, oral or written, have been rnadt: modi tying, adding to, or changing the terms of hereof. IN TESTTMONY WHERFOF, the GRANTOR, herein have executed this conveyance this i3:JI"' _ day or Av..~w+. 2002. GRANTORS: ·(/ l ; .:> ~)-/.. J!/J~~Ml Alberta R. PaytCJ.R" ~lli1of=• Q/W6-~JJlQ~~ Ann Williams As .Joint Tenants Nov·-11-02 10:45A J. ' . THE STATE OF (~ICYtq ~('"' COUNll' OF Dc,c£';, lc \ ·-,ourn, Jr. & Co. 303-. 7 ( 8980 P.08 This instrument wao;. acknowlerlgerl before rnc un the _,3_(Aay of () ~~~Q-":-. *'-, 2002 before me, !:i notary rub lie, in and for said cot.Hlly and ~luk. personally came the abovc-narm:d Alli'erta R. PSlvton.wltu is personally known to me and known to 1m: to he the identical person who:-~c name is a.ffixe:d ro the nbuvr.; instrument to be his volunL1.ry act and deed. IN WITNESS WHFREOF ( have hi.!rcunlo set my hand and affi.'{ed my notary sert! the day and year last abov~ \.l.trinen. ~ly Commission Lpir~s: C/2/ JOOS THF. STA TF OF(' h\ btC.·~i.u...J This instrument wcs acknowlctlgcd hcrorc me ,111 the l?__day of' ~ e (i"i .• 2002 bd(Jrc me, a norary public, in anJ Cur said ~ounty tUld state. pt..:rsonally <..::.tn1c the above-named R•1nd W. Pavton, ·,,ho is personally kaown to me :md knvwn to be the identical pcr:;u;1 whose naml' is al'l"ixcd to the above instrument to he bis voluntary act and deed. IN WITNESS WHCRIOI' l have hereunto set my hand and affixed rny notary seal the day and :~arras: above written, My CoiAmililol &pbs Oct lO, 20Qj \__~, .. t .. r~' r~;·;l!~rni:-:sion Fxpircs:_..... ··~c~~SJJ,t.C0_~--- Notary f'ublie in and f<n The State of~ '') A (OLiN~ Y O' . J~jj-{q_ .. T_h<s inslrumcm was ~C~lOwlcdgcd bet(>re me nn the L}_aay of ft~ . 20tl'2 hdi1rc me, G Notary puhlic. m i!nd f.or satd county and state. personally came the abovc-nurnd Ann Wilti.lln.s, vcho is personal!) known to me and known to be the identical pcr:;un whose nan1c is nrti;-;ed to the -above instrument to be his voluntary act and deed. IN W!P.-IESS WIII·:RI:X)F l have hereunto s-:t my hand and aftixcd 111}' notnry ,,,al th-: day and ycat 'nst nbovc wrlttcn. M: (.,-,1,-"l·'ssi;>n Expires:_"-J_,/_::_,x_,;;_,t}-<-."-"'J_-__ _ Nov-ll-02 l0:45A J. • . 'Journ,. Jr. & Co. 303 -,_ 8980 ( EXHIBIT "B" CONSTRUCTION CONSIDERATIONS I REQUIREMENTS 1. Park on th~ construction casement not on the b'Tass. 2 Reseed with pure live s~ed. 3. Pick up all trash whether you dropped it or nol. 4. Maintain all e4uipmcnt in the shop, not on the mnge. 5. Conduct operations only in dry conditions not mud. 6. Park any and all unused equipment on the RIW. 7. Place construction materials on the easement. 8. It will be Gnmtor's responsibility to monitor noxious weeds and take correctiw action where needed. 9. Lea vc gates as they are found. 10. Close, renee, or guard all open holes, lines, or ditches if _livestock am present. I I. Stop when asked. 12. Usc only landowner pre-approved private roads. 13. No guns, dogs, alcohol, or drugs. 14. Reseed with pure live seed. P.09 Name Name Tax Items Protest (I) CAMA(A) Situs Pre/Sue c:: MobileAuth! Personal (P) Mobile ::::J Remarks : Value ' Oil and Gas Tract -Tax Sale -Recording Condo Spc Asmt= Control ---, Imaging ---Block ,_ Mines History Sales !_j Sibling PPCertLtr Sketch Queries Misc(I'C:C Flags Exemption ACCOUNT Inquiry Only Clear Exit l "-;...:::>u-t'-'-r " :: I I II I' II i! ,, 1/ II ,, II ii 'd i! Reo.oricd at ...... £,£Y....o 'clock ...... ,tl .. M. JIQX .... J!..I9/!!_. _____ bUV':i 18 ii,;; '~53 Reoepoion lio .. Z.8~.7..S.,'1__ Ella Stephens. Recorder WARRANTY DEED smr !Oe!IPT.!'Y m N-OV " 1978 MONA G, GARDNER whose address is _-:c-__ o_I-;;;3_4--:C_._R_ • ..,..-30_3_ , City (or Town) of Grand Valley , County of Garfield , State of Colorado , for the consideration of $ in hand paid, hereby sell(s) and convey(s) to ·---~---- GEORGE R. GARDNER and SHARON GARDNER, as joint tenants whose address is 1236 C.R. 302 Grand Valley , County of Colorado , the following County of Garfield , and State , City (or Town) of Garfield , State of described real property in the of Colorado, to~it: s~ and the s~. Section 20, Tp. 7 s., R. 95 w., 6th P.M., together with a proportionate share of the water right~ appurtenant thereto, including, but not limited to, one-half of the grantor's right in and to the Wandering Jew Ditch. (Mailing addre$s of grantee:l236 C.R. 302, Grand Valley, CO 8!635) ~th a~l its appurtenances and warrant(s) the title to the same, subject to 19 78 property taxes and assessments, easements, rights of way, restrictive covenants cf record, reservations contained within the United States patent to the subject property Signed this ;<,._?-., day of C;·t.-f.,.-. STATE OF COLORADO ) COUNTY OF GARFIELD)88 ' Mona G. Gardner The foregoing instrument-was acknowledged before me this-~~~, day of .Ca ic-0.,• r ' 19? f ' by Mona G. Gardner WITNESS MY HAND AND OFFICIAL; SEAL . .. •. I, • .... \ "'· MY ~tmnission expires: ,--..· _. . :. j;?jf'J-........ ~01,\fl-,... .-. . .. Oct-03-02 l2: 44P J. '·. lOurn" Jr. & Co. 8980 RIGHT -OF-WAY AGREEMENT STA H OF COLOR<\DO) COl!NTY OF GA RFTF.T .0) KNOW ALL MEN BY TJIES.I!: PRESENT P.02 That the undersib'Tled. hereinafter called CIRANTOR for ten dollars ($10.00) and other valuable considerations in hand paid, the receipt and sulli~iency of which are hereby acknowkdg<:!d, does hereby Grant, Bargain, Sell and c,mvey to Canyon Gas Resources, Tnc., whose address is 7400 East Orchard Road, Suite 270, Englewood, Colorado 80 Ill, (Herein atlcr rclcrred to as GRANTEE ), its succe~sors and assigns, the right, privilege, and eas<:!ment to survey, clear and excavate along a route, to lay, construct, oper.1te, maintain, insJX,'Ct, test, repair, alter, protect, remove, abandon, or replace one pipeline and appurtenances for the transportation of oil, gas or other substances transportable by pipclin~. tog<:!ther with all other rights necessary or convenient for the cnjoym~nt or the right, privileges and casem<:!nl h<:!reby !:,>ranted, over and along a Right of' Way Lascmcnt, shown on Exhibit ··A", attached hereto and made a part hereof. The casement shall h"' fitly (50) feet in width during the pt!riod of initial construction and an additional temporary workspac~ of' twenty-five (25) feet as may he needed. After initial construction has been completed, the casement shall revert to twenty-five (25) feet in width and which easement is on and across the l(>llowing described land~ in Garfield County, Colorado. to·wit: TownshiP 7 South, Range 95 West Section 20: SW4NE4, SE4NW4 More particularly described and shown on Exhibit "A" attached hereto and made a part hereof. The GRANTEE shall have all of the rights and benefits necessary or convenient for. the full enjoyment or usc or the right hert!in grantt!d, including, but without limiting the same to the lree right ofin!,'Iess to and egress over and across said lands to and from suid right-of-way and casement and the right !"rom tim<:! to time to cut all trees, undergrowth and nther obstructions that. in its judgment, may i11jurc, endanger or interfere with the use of said pipeline. GRANTOR herehy reserves tht! right to use said land in any manner that will not prevent or interfere with the exercise by CiRANTEF. ofib righb hereunder, provided, however, that GRANTOR shall not construct, nor pennit to be constructed, any house, building, improvements, or obstructions within the pcrman~nt right-ol~way, without the expre" prior consent of the GRANTEE. The rights herein granted may be assigned in whole or in part and the terms, conditions and provisions hereof shall extend to and be binding upon the heirs, executors, administers, personal representatives, successors und assigns, or the parties hereto. Oct-03-02 12:44P J. >ourn~ Jr_ & co_ 30':!..· I 8980 P.03 CiRANTEE ~uv~nants and agrees to indemnify and forever hold harmless the GRANTOR against each and every claim, demand or cause of action that may be made or come against him by reason or in any way arising out of any defect, imperfection, operation, maintenance or construction of said pipeline. GRANTEE hereby agrees to bury all pipe to a sufficient depth so as not to interfere with cultivation of soil and to pay any damages which may arise to growing crops and fences from the construction, matntcnance and operation of ptpelines and related facilities constructed under the tenm of this grant. The consideration received fi.Jr this easement includes payment for the normal dumag~:s caused by the initial construction orthe pipeline and its appurtenances and temporary usc of existing private macb to acl:ess the Right of Way. Grantee further agrees to install 12 fiJOt steel gates at all fence crossings and to grade existing access roads used to access construction areas upon Ctlmpletinn of construction. GRANTOR shall not interfere with the exercise uf GRANTF.F'S rights by constructing or pem1itting to be constructed any permanent structure upon the casement strip herein conveyed and GRANTOR further agrees not to change the grade, remove dirt from the surface of the easement or impound water over the casement withtlut prior written approval of GRANTEE. GRANTEE, it's contractors, subcontractors. agents and or assigns agree tn comply with the construction cnnsiderations and requirements as shown on Hxhibit "H'' attached hereto and made a part hereof. It is mutually agreed and understood that this Agreement. as written, covers all agreements and stipulations between the said parties, and no representations or statements, oral or written, have been made modifying. adding to, or changing the terms of hereof IN TESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this I? day of S:.p ... 2002. ~c . I h.c~ 1-11 .. ,);i-Lv(Jt{_ t_; Sharon Gardner Oct-03-02 12:45P J. L ~I TilE STATE oJ~I:).\o,-c_<:.\'0 COUNTY OF -k10.v.-- 1rn, Jr. & Co. 980 This insrnunent was ack.nowledgccl before me on tbe \"'"1 .day of~~ ~-Y'I b. r-" • 2002 before me, a notal)' public, in and fUr ~H.id cuunty and state, personally came the above-11amed George R Gardner, who i~> per~nnafly known To me and known to me to be the identical pcr,.;on whose name is affixed to the above instrument to be his voluntary act and deed IN WTTNF.SS WHF-REOr I have hereumo set my hand anJ affixed my not•ry seal the day and year la.t above writtcu. My Commission Expires: \..o-D1-6fr~Hunt Notary PUbliC State of Colorado My Commrssion Expires 06/0i\12006 TliESTATEmCo\atc--do J COUNTY OF-tlJ0 \c.h ,--) ( lu_.-1 ,-lt;;J_ Notary Public)n and for The State or (_.Q!'.!(Cq:!'\l This instnuncnt was acknowledg,cd bclore me on the ll day of '25-i\l\<~'2002 hci(JTe me, a notary public, in and for said county and state, personally came 'the above-named Sharon Gardner, who is personally known to me and know-n to be the identical person whose name is affixed to the above instrument to be her voluntary act and deed. IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my notary seal the day and year last above written, My Commission Expires:~~ l 'Z 0\l l; Ellen P. Hunt Notary Public State of Colorado My Commission Expires 06/0/WOOO L~--9:~. Notary Public _in and for The Stale of' (Q\c(:w·_c,cb P.04 c:ict-03-02 12:45P J. ' . )Durn,. Jr~ & Co. 303 7 8980 EXHIBIT "R" CONSTRUCTION CONSIDERAT!ONS I REQ!JlREMENTS 1. Park on the construction easement not on the gra~s. 2. Reseed with pure live seed. 3. Pick up all trash whether you dropped it or not 4. Maintain all equipment in the shop, not on the range. 5. Conduc;t operations only in dry conditions not mud. 6. Park any and all unused equipment on the R/W. 7. Place construction materials on the casement. 8. It will be Grantees responsibility to monitor noxious weeds and take corrective action where needed. 9. Leave gates as they are found. 10. Clo~e. fence, oq;uard all open holes, lines, or ditche~ if livestock are present. 11 . Stop when asked. 12. Use only landowner pre-approved private roads. 13. No guns, dogs, alcohol, or dn~gs J 4. Remove all rock dug up during construction off landowner's property or to a landowner pre-approved dump location .. 15. Maintain a temporary irrigation system on any hay fields being irrigated during construction, and compact the trench line sufficient enough to restore existing f1 ood irrigation system to as close to like condition as possible. 16. Grantee shall be liable for providing supplemental hay feed to landowner for any Joss of hay crop caused by construction. P.05 I· <-I I ··> I c__; Cancel STR ~~~~~==~~,TB~~ouiO~w~n~e~r ,, Jdress 25-7-.96 p :rBI PRODUCTION COMPANY, INC. Name n Tax Items _: Protest (T) __ ! CAMA (A) ~ Situs ' : Pre/Sue _j Mobile Auth ___e Personal (P) Mobile [J Remarks ~ Value = Tract = Tax Sale Condo ~ Spc Asmt= Control Block Mines Sales Sibling Mise (1(.::: Flags History PPCertLtr Exemption Oil and Gas Recording Imaging Sketch VYNI,K"I<i:25·7·96 DESC: SURFACE & 3/4 MIN/RTS I'ISI:s~v. 36 S2NE, E2NW DESC: NESW, N2SE BK:0570 IIPC3:0146 BK:0453 PG:0377 BK:1341 PG:608 RECPT:600142 IIBIK:1025 PG:0767 BK:0838 PG:0299 BK:0777 PG:0845 Queries -··------------·---- ACCOUNT Inquiry Only Clear Exit Tins Dl<lm, --30th lfoTol June -·-lt 97 I 1Mtftlll Financial Ian:i Investrrent corporation 6363 Kerryhill Ccurt """"'a ~H;.Us. CA 91301 t. eo.-pon.tlw daly ~ iUir a:1niD8' midir &nd by virtue o.f the l&WI of the State of Delaware of the flrat part, and mi Prcx1uction cenpany 1 Inc o 1 a Delaware Corporation 555 17th St., Suite 1850, Denver, co 80202 .wooooooocooocoo g "'" ~~ ~~ of the aocond part: ,. WITNBSSE'I'B, That the uJd pA1'tJ' of tbe ttrat patt. for and In eolllfderatloa of the I11Dl of one hundred dollars,_ and other C100d and valuable oonsiderati'!:J1100.00 o.v.c.l ~ to the said P&n7 of tbe tint par£' m bud paid b7 the aatd ..,an y of the part. ~~~~ receipt ,..{aereor il benb1 eonfeaed and acbowltdpd., hath IP'Uted. b&rpta.llf;·aold aad""CQD'ft78d, aDd br these precenta doth cram. bupiD, tell, eonny ar.d eonfinn tmto the said part V _ t4. tho aeeoad part, its betra, aDd 11aicu fONYV, all ol the following delcrlbed tot: or p&ree1 of land, altuate, 1Jbac ud bebiK fn the County of Garfield and State of Colorado, to wit: as nore fully described on Exhibit "A" attached hereto and made a gart herecf. TOGBTBBB with an a~~ t Uqaiar t:be htrsMt ta aad aw= ·neee thereunto beloadllc, or ill ~ .~.a ibe NnnJOD or za;:: leu, :rerlialnden,.Nida. .._..aDd DrOfltll tbereof;-aaa all tM ..-... rjpt;. ~'e, ~ daim. aDd---wba,...._ of-the ·..w. ~of tM flrri put. either m law or eqaitJ', ttl. a azid to tbe abaft bupi:Ded pnadeel with tD. ~ ai:ld ap~ TO BA.VB AND TO BOLD tM aald pftlllliJcla .:bon barp!De4 aDd dMc:rlbed, wttb tblt appw' n-r aaio .. oaldputy oill>o-..d,..n, its -aol-f-.ADdll>ooald Financial land Invemnent Corporation -ol 11>o fhot ..n. '"'-. and fl:e IIUCCMIOn, doth eonunt, &'1'*4lt. bup.fa, m4 -cree to ud with t:be ald. piU1: Y al the _..... )llld. its helrsud_ ......... -..... ---.. --.... -leb:ed of the preWaes above~ u ,'rf a eood. ~~~~n, perfect,;~ aDd te+t•.tN• Mtat:e of~ Ja law, iD fee aimple, aDd hath good rlaht, full power ud lawful~ to cnat. bu1raiD, ..U ad eoaft1 tiM .... u1 maDilO!' &Dd form afornaid, ad that thfi ume .-e free ad clear from aD fonner and other crazrta. brarpiM, tales, liml8, tu:e., aueasmmtta aDd lncumbl'&ll(ea of wbatnv ldDd or Gatvre ..nr: ,.,_.,,, ~ ,~~ EXHIBIT "A" to that certain Deed, dated June 30, 1997, from Financial Land Investment Corporation, as party of the first part, and TBI Prod- uction Comp3Ily, Inc., as party of the second part. Township 7 South. Range 96 West. 6'h P.M. Section 25: SE4SW4 Section 36: E2NW4, NE4SW4, S2NE4, N2SE4 Garfield County, Colorado containing: 320 net surface acres, more or less, and 240 net mineral acres, more or less including, but not limited to, all oil, gas, and other hydrocarbon substances, minerals, surface fee estates, mineral fee estates, reversion and reversions, remainder and remainders, rents, issues and profits thereof, oil, gas and mineral leases, right and interests attributable or allocable to the oil, gas and mineral leases by virtue of pooling, unitization, and communitization agreements, surface ieases, easements and rights-of-way included within or adjacent to these intereSts, licenses, permits, water rights, water wells and water stock, including, without limitation, that certain road easement reserved under that certain Deed, dated February 23, 1962, between Claude V. Hayward and Nellie G. Hayward, as parties of the first part, and William G. Gates and James W. Dearing, as parties of the second part, recorded in Book 339, at Page 417 as document 216691 of the Garfield County Clerk and Recorder's Office. Subject to: U. S. Patent reservations; easements and ri6hts-of-way of '"eCOrd or in place or in use; and building and zoning regulations. , 1 ; .j •• - GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENTFORPAYMENTFORM (Shall be submitted with applica tion) GARFIELD COUNTY (hereinafter COUNTY) and CANYON GAS RESOURCES' INC. (hereinafter APPLICANT) agree as follows: I. APPLICANT has submitted to COUNTY an application for The South Parachute Pipeline --J:..L.l..y...t:'JI.,;..J.....--------------(hereinafter, THE PROJECT). 2. APPLICANT understa nd s and agrees that Garfield County Resolution No. 98-09, as amended, es tablishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not poss ible at this tim e to ascertain the full extent of the costs invol ve d in process ing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be bill ed to APPLICANT. APPLI CANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclus ive of any cost for publi cation or cost of co ns ulting serv ice determined necessary by th e Board of Co unty Co mmi ss ioners for th e cons ide ration of an application or additiona l COUNTY staff time or expense not covered by th e Base Fee. If actua l recorded cos ts exceed the initi a l Base Fee, APPLICANT s hall pay additional billings to COUNTY to r e imburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing sha ll be paid prior to the final consideration by the COUNTY of any land use pennit, zon in g ame ndment , or s ubdivision plan. APPLICANT Signature -Ro b Tho son as agent for Canyon Ga s Resources, Inc. Date: 3 -1-0 ~ Rob Thompson Print Name Mailing Address: 1 26 Roc k Po int Dr . Suite B Durango, CO 8 1 30 1 Page4 PROPOS D SO T . PARAC:8UTE " IPELINE ~OJ ECT 'G IELD COtJNTY, coLo I o TRIGON Tr.# OWNER ----~ 1 8LM 50629 HVVY· 6 & 24 (ZIP 81601) P.O. BOX 1009 Glenwood Springs, CO 81602 ------------------ 970-947-2800 Fax 970-947-2829 Attn: Vaughn Hackett ] -... 2 _!Joseph H_. & Marian Clef!! __ 7416 W. Clifton Drive littleton, CO 81028 303-973-5368 3 Xcel Powerline Ron Rich 970-379-4953 b-~~Ar>JT None YES 1 _I None ! i I I 4 Garfield County Road & Bridge J None 90?: T~~~~~baugh Blvd., Suite 305 Rifle, CO 81650 970-625-8601 Fax: 970-625-8627 , 5 Revised: 8121/03 Attn: Jake Mall 970-618-6194 T-- Army Corps of Engineers 402 Rood Ave., Room 142 Grand Junction, CO 81502 Mark Gilfillan 970-243-1199 X 15 1 None DESCRIPTION T75. R95W ;Section 14: NWNW I Feet 700' -I CANYON GAS RESOURCES SOUTH PARACHUTE PIPELINE PROJECT 1878-01 Existing ROW Width I •-35; PenTianent-[ 15' T~_rf!PO~ry ROW/Permit I ------- - Acquired !~UA's 150' X 150' COMMENTS ROW I I j SURVEY PROVISIONS T7S, R95W Section 15: NE & E2NW -I 5200' 25' Permanent 25' Temporary 25.-as needed-:- YES ~~~cei(P::,~ s:rvice) ~ipeline ~--~fCaniact Tenant b9fore e8Ch phase at crossing. Notify Dale Lane at I operations: Randy & Teresa Vurdick T7S, R95W: Section 15: SWNE T7S, R95W: CR302 _I I 970-261-6105. He must be 970-285-7523 ther~_ during c~n_stru_ction. --------~ISee extensive Exhibit B requirements- attached 100' _l ~5' Permanent 15' Temporary ??? Cross this on Clem Property No permitnecessary. Corlia.Ct one Call 60' 30' -~-"35· PermaOerli~----NO -~emiii is ready and in CoUOty- 15' TemporarY ---j~m~uter._ When '!"e are certain that -----------------'pipeline Will be buill, call Jake and pay 35' Permanent 15' Temporary YES $185 total. Battlement Creek County Road 302 -'See permit for road requirements. Jilke Wiii pfobably insist on maging 302 from subdivision to end of road that is used. 1 64 & After photos, and a letter of certification I after completion ;I I Tr.# OWNER TENANT i DESCRIPTION -! I 6 BLM None T7S, R95W: ~O~?~~yyY. 6_& 24_(_l_l£' 81601) NWSW P.O. BOX 1009 Sec. 16: NESE, Glenw?:Jd _ _?prings, CO -~~!3-~2 S2SE, SES~-- 970-947-2800 Fax 970-947-2829 !Attn: Vau_g_h~ Hackett 7 I Battlement Mesa Partners P.O. BOX 6000 Battlement Mesa, CO 81631 :Attn: Tom Beard - 970-285-9740 or 285-9032 ------- 8 __ ]Alberta R._~ ~~~-II!-Payto~_ '702 CR 303 9 10 Revised: 8121/03 Parac~~~·-~9-81635:_9~04 970-285-9011 Alberta A~m~ Corps of E~_g!ne~rs_ 402 Rood Ave. , Room 142 ------------- Grand Junction, CO 81502 ---------- Mark Gilfillan 970-243-1199 X 15 Sharon Gardner 1236 CR 302 P.O. Box 6056 Parch~~ _._~_Q__ ~-1 §36 970-285-7648 None None ----[' --None None T7S, R95W: Section 16: ?WSW Section 17: SE T7S, R95W: Section 20: E2NE T7S, R95W: Section 20: SENE T7S, R95W: ~~cQC?_n 2?.=.!?WNE SENW Feet i CANYON GAS RESOURCES SOUTH PARACHUTE PIPELINE PROJECT 1878-01 Existing ROW -~ Width ___ [ ROW/Permit . Acquired --r----COMMENTS ROW 5600' I 35' Permanent [ _1_5' Temporary 2600' 3800' :::~:::d- one 25' TUA . 25' ~(il~m_a~~nt · [25' Temporary '25~ as ~~~d~d YES YES The oniY access allowed wiii be the south 30' of the SE4 of Section 17 on existing road. Canyon has agreed to 'blade out' a portion of Payton !a_~d_. See owner for details. YES St~ne _Ou_a_f!Y Gulch 30' J 35' Permanent _ _ ~-15' Temp_oc•_cy T7S, R95W: -26oo·_ 2s; ~e~manend--------vES-__ ) ___ Geo_!g_e passe~_ a_way thi~ y~~r: __ 25~!e~P9_ra~--~ _ -i------- 25" " oeeded ~ _ 2 I SURVEY PROVISIONS Ml!_S! contact Tom Beard every time property is entered. , lnst3ii 12 Stee-l gates at ali feiiC"e CrOSsings and Qr3de I & restore ex siting access road after construction. I install 12' steel g8ies ai ail fence crOSSings and grade 11& restore existing access road after construction. jlnstai! 12' steel gates at all fence crossings and grade r& restore existing access roads after construction. Tr.# 11 I ---------OWNER 1Aibe~a_l3_:_~--~~~-~ vj_. Payton 1 702 CR 303 Parachute. CO 816~5-9204 970-285-9011 Alberta 12 IXcel Powerline Ron Rich 970-379-4953 I 13 ~-lBLM 50629 H~Y_. ?_~_2_4(ZIP 81~~1L P.O. BOX 1009 ~_lenwood Sprin!3_~· ~~ __ 81602 __ _ 970-947-2800 Fax 970-947-2829 Attn: Vaughn Hackett 14 IArm_y_ Corps of Engineers 402 Rood Ave., Room 142 Grand Junction, CO 81502 ------ Mark Gilfillan 970-243-1199 X 15 15 I Tom Brown, Inc. 555 17th St. Suite 1850 [lenv~r,_CO __ 80202-3918 Attn: p_aye Da~-~~~~rt 303-260-5114 --t Revised: 8121103 CANYON GAS RESOURCES SOUTH PARACHUTE PIPELINE PROJECT 1878-01 ' ' fTENANT; --1 Nooo DESCRIPTION T7S, R95W: Section 20: NESW W2SW None IT75, R95W: None Section 20: W2SW iT7_S, R95W: Section 29: W2NW Section 30: SE Section 31: NWNE T Existing ROW Feet i Width 4.100~_~2 ... 5· Perm··· ' .. ~e~! [zs· Temporary -\25" as n~~~! 11000' I ' .. '. '""''"·."· .. ·.1./ '"-~'j None 1TiS, R95w r 30' ]35' Permanent Sect1on 30 SI;'IJ§E 15'Temporary NW-I --r--~ TIS, R96W: 2800' 35' Permanent ?~~lion 36: §:2NE 15'Temporary SENW ~OW/Permit -~ Acquired YES YES 3 COMMENTS SURVEY ROW PROVISIONS 1 Cai1yon h.3s agreed iO •blade Oi.it' a-'l]li1stall12' steel gaies ai ciii tence crossii1gs and grade portion of Payton land~ ___ -1& restore existing access road after construction. I CrOSs on Payton PropertY. Contact One Call __ [_i_. --------------------- Ory_~reek T~~ ~!n pr?_cess of sign!~9_ ea_seme~t_ I It I 5 Xcei(Public Service) pipeline crossings. Notify Dale Lane at 970-261-6105. He must be there during construction. I_ GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 ( Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) ~ Street Address I General Location of Property: A natural gas pipeline running generally east/west a few miles south of I-70 near the Town of Parachute. :» Legal Description: T7S, R95W: Sections 10, 11' 14' 15' 16' 20' 21, 29, 30. and T7S, R96W: Section 36 :» Existing Use & Size of Property in acres: aEEroximately 35 acres ,. Description of Special Use Requested: a low pressure 8" natural gas pipeline, and other necessar~ a~Eurtenances. );> Zone District: ~ Name of ProQeav Owner (AQQiicant): Canyon Gas Resources, Inc. C/O Brian Peter ~ Address: 7400 E. Orchard Rd. Suite 270 Telephone: 303-222-6204 ,. City: Englewood State: co Zip Code: 80 111 FAX: 222-6206 :» Name of Owner's ReQresentative, if an~ (Attorney, Planner, etc): Trigon-Sheehan, LLC. C/0 Rob Thompson (970-946-2495) ~ Address: 126 Rock Point Drive, Suite B Telephone: 970-385-9100 ~City: Durango State: co Zip Code: 8130 1 FAX: 385-9107 STAFF USE ONLY ,. Doc. NO.": ______ Date Submitted: ____ TC Date:------ ,. Planner: Hearing Date: ----------- I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope I topography of your property, for which a U.S.G.S. 1 :24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: ( 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.qarfield-county.com/building and planninq/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct a d accurate to the best of my knowledge. 1~d- (Signature of applica owner) Its l'r GgrJT f=O ~ C/I;N'tOI.J olt-"5 /(.F:~OUR.cC.S (!JC. I cJ TRIGON SHEEHAN LLC 703859107 Garfield County Building and Planning Department Attn: Tamara Pregl 108 am Street, Suite 201 Glenwood Springs, CO 81601 Date; August 18, 2003 08/19 '0! ·4:44 N0.988 02 • UO i\Vo I RE: South Parachute Pipeline-Special Use Permit Dear Ms. Pregl: Canyon Gas Resources (CGR) hereby grants authority to Trigon-Sheehan, LLC (Trigon) to process the Special Use Pem11t for CGR's South Parachute Pipeline project. Trigon will be acting as agent for CGR on this project If you have any questions or ooncems related to this issue, pl(i<lse contact me at 303·222-6204 or 720-560-2968. R~ +'L ~'----::::-':'"~~~\:) Brian J. Peters Operations & Engineering Manager Cc: Rl~ COleman-Tngon RoO ThomP"Qn -Trigon C8n)'on Ga• Fl"""""'""· In¢. r4oo e. 0renan1 Rd< s<J~te ~: engtewoo<~. co so111 303-220..6204; FOJ<: 30J.222-e106 r. Ul/Ul GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FOR.J.vl (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and CANYON GAS RESOURCES, INC. (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for The South Parachute Pipeline --=y..e.=---------------·(hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of <.:onsulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature -Rob Tho son as agent for Canyon Gas Resources, Inc. Date: Y -1-0 ~ Rob Thompson Print Name Mailing Address: 126 Rock Point Dr. Suite B urango, CO 81301 Page 4 l ! . _ ... .. ROB THOMPSON JANICE HOLLEY 268 TIMBERLINE DRIVE DURANGO, CO 81301 (970) 259-8711 'Date 3-Z-(J 3 1476 82~55/1021 01 . 60 '~'tJ:J~,thJ.6McFtl:'l$ coumY RUILD/116 <f h.NJf.JtJSq, $ l-/oo.;;-- c%w, ~ Jwi f ~ ---:::2::": 'Dollars lD ;;::_::- • First .YtUicmDI &ulk of D11rango )SfW 9':toSL• PO.k•~ D.,.,.p.CO IUOl 97'0-ln-1020 still the one. -~U'&I'GO;crt" !Hm~FOIC 'ror-----------.. • • , , J r ,. • ' -. ,.. • TRIGON 8 t:i : I ~ ~ : r:.1 ~ ENGINEERS & CONSTRUCTORS August 7, 2003 Garfield County Building & Planning Department 1 08 8'h Street, Suite 201 Glenwood Springs, CO 81601 Attn: Tamara Pregl Your Pipeline To The Future Re: A Special Use Permit for the Canyon Gas Resources South Parachute Pipeline Project Dear Tamara, Canyon Gas Resources, Inc. is proposing to construct and install an 8" low pressure natural gas gathering pipeline in Garfield County. This pipeline would be approximately 8.2 miles long and will be located near the Town of Parachute just south of Interstate 70. Canyon Gas has obtained easements for private landowners along the route with the exception of TBI Production Company. TBI has a small tract of land on the west end of the pipeline and is currently in the process of signing an easement for this project. The natural gas that this pipeline will carry will come from several of TBI's wells in this area. The BLM has tentatively approved the project and will issue a grant of easement on its portion sometime in August or early September. We have obtained a Nationwide 12 permit from the Army Corps of Engineers for all water crossings. I am submitting a topo map with the proposed pipeline route, county roads, and surface landowners on it. I am also submitting a County Assessor's plat of the area with the pipeline route drawn in, and all mineral & surface owners. The following is more detailed information -·mcerning installation and the time frame required per County 'Application Submittal Requirements'. 1.1. Initial Construction: Construction Start date: October 1 , 2003 Hours of Operation: Sun up to Sun down-6 days per week Number & type of equipment: 1 0 -% ton trucks 3 -Truck Mounted Welding Rigs 2 -Track Hoes 2 -Side-booms 1 -Bending Machine 1 -Ditching Machine 1 -Water Truck 1 -Dozer Above Ground Structures: No buildings 4 Valve Risers 1 Pig Launcher 1 Pig Receiver Cathodic Protection: We will install buried sacrificial anodes. No electricity needed. :e enclosed Exhibit "B" for standard Canyon Gas 'Construction Considerations/Requirements'. ---·-·····------------------------·-------- ~1 .~ '. ::: R ~·ULSJ TRIGON" i~'1 :I :.t :.t : r~1 ~ Your Pipeline To The Future ENGINEERS & CONSTRUCTORS , .~plication Submittal Requirements-Continued) Operation & Maintenance: 1 :Y. ton truck once per week (typical) 1.2 No water will be used with the exception of the water truck which will be used for fire protection. 1.3 Included 1.4 Included 1.5 Included 1.6 A copy of the vesting deed for each fee owner and a copy of the easement granted to Canyon by each fee owner (with the exception of TBI Production Co. which will be obtained in approximately 1 week) is included. 1.7 The easement provided in section 1.6 will show approval by the fee owners. 1.8 (1) During construction of the pipeline, port-o-potties will be provided for the crew. Potable water will also be provided for the workers. (2) Traffic control signs will be provided per County regulations. ' 10 Included OTHER INFORMATION: There will no significant dust or noise. Vehicular traffic will be along county roads, existing landowner roads, and the right-of-way that has been obtained. Reclamation of the construction area will be per each landowner request and will include re-contouring the surface and re-seeding. Any temporary storage of equipment will only be in the obtained right-of-way or temporary use areas granted by each landowner. Please contact me as soon as possible if any other information is needed. Thanks for your help on this project Tamara. Rob Thompson As Agent for Canyon Gas Resources, Inc. 970-946-2495-Cell 970-385-9100 X 30 Office 970-385-9107 FAX ·_i :: .\ ::: .:.; .. -------------------~---------------------~---------· ~-- GARFIELD COUNTY 9708848470 ~81121~8 ~3:48pm P. ~01 Garfield County --·····--··----·- RUIT.DfoVG & PlA"iNJNG DEPARTME.\'1' August 12, 2003 Rob Thompson Trigon Sheehan 126 Rock Point Drive. Suite B Durango, CO 81301 RE; Canyon Gas Resources Special Use Penn it South Parachute Pipeline project Dear Mr. Thompson: Thank you for the valid development application submitted to tllis otlice on behalf of Canyon Gas Resources, lnc. on August 8, 2003. The purpose of this letter is to notify you that the application has been deemed technically non-compliant for the following reasons: I. In accordance to Item I under section I of the application, please provide the following additional information with respect to the proposed use: a. Please describe the reason for installi.ng the pipeline. b. Please provide additional information regarding the proposed 8" gas pipeline and the above ground structures, i.e. general location of the structures, diameter of the pipeline, length, route, etc. c. Please provide a time line of construction. Lt appears that construction will start October 1, 2003, when will construction finish? d. Please describe what is meant, under the hours of operation, by Sun up and Sun down. More definitive hours should be provided. Are you anticipating that the 6 days of week will be Monday through Saturday? e. In the attached "Construction Considerations I Requirements" document it states that the easement will be reseeded with "pure live seed". Please provide the proposed seed mix to be usc. You may want to contact the Garfield County Vegetation Manager to determine if the proposed seed mix is appropriate as per the Garfield County r,pt.S" • 39{, 't Vegetation Management Plan. A Reclamation Pla\1 of the easement should be submitted. f. Where will the staging areas for the constnJction of the pipeline take place? Please not.~ thM a StMmwater Permit from the Colorado Department of Public Health and Envirom1rent may b.~ n~qnired. Should this he the ca~e. this Permit shall be obtained rrinr to the processing of this application. g. Will water and toilet~ fucilities be provided to the pipeline construction employees? Ple11sc descJ•ihe I 08 8rh Street, Suite 2111. Glenwood Sjwings, Colorado 81 (,()I (970) 94 'i-8.'1.? (970) 285-7972 Fax: (970! 384-3470 GARFIELD COUNTY 9708848470 08/12/03 03:48pm P. 002 Thompson Page 2 h. Please provide additional mtormation with respect to tire protection. A fire protection plan should be submitted. \. A copy of the right-of-way agreement for TBf Production Company shall be submitted prior to the processing of this application. J. You have indicated that BLM has tentatively approved the project and will issue a grant of easement on its portion in August or early September. Please submit a letter from BLM indicating that they have in-fact tentatively approved the location of the proposed pipeline. 2. Please submit a letter from Canyon Gas Resources, Inc. granting your company the authority to process the Special Use Permit on their behalf. 3. In accordance to Item 9 of the application, "depending on the type o.fSpecial Use Permit request, you may be need to re~pond to additional review standards in the Garfield County Zoning Resolution Section 5. 00. This may include uses such industrial uses [~ection 5. 03.07 & 5. 03. 08] ... ". The proposed pipeline falls under the definition of "material handling of natural resources" in the NRIRD Zone District [section 3.02.03]. Material Handling of Natural Resources falls under the definition of "Industrial Operations Classifications" [section 2.02.31.], therefore, please respond in narrative form to the standards I criteria outlined in Sections 5.03.07 and 5.03.08 of the Zoning Resolution. l have attached a copy of sections 5.03.07 and 5.03.08 to this letter. 4. Please submit the signed Special Use Pernrit application. The last page has a signature line indicating that you have read and understand what is required as part of the application. Once the item~ list.erl nhove have heen submitted, the application may proceed through the review proces.~. Please do not hesitate to contact me in the event you have any questions. ~~Qx. Tamara l'regl tJ" - Senior Planner Enclosures ENGINEERS & CONSTRUCTORS August 19, 2003 Garfield County Building & Planning Department 108 81h Street, Suite 201 Glenwood Springs, CO 81601 Attn: Tamara Pregl Re: South Parachute Pipeline Project-Impact Statement & Industrial Standards 5.03.07 (1) Impact Statement Your Pipeline To The Future The proposed Canyon Gas Resources, Inc. pipeline project will be located in Garfield County, Colorado near the town of Parachute. This is an extension of a pipeline network already installed in that area that will gather and transport natural gas from several wells and for different companies. The right-of-way width will vary but is around 50' wide depending on the landowner. The pipeline is an 8" low pressure natural gas line. The length of the pipeline will be approximately 41,800 feet or 8 miles, and will encompass about 48 acres. Construction of the pipeline is scheduled to kick off on October 1, 2003, and will be completed around December 1, 2003. The crew will work from around 7:00am to 6:00pm (exact times will vary due to daylight becoming shorter every day) from Monday through Saturday each week. There are 5 major stages of operations: ' Clearing and Leveling-This stage entails clearing of brush and trees, then leveling the area to allow larger JCks to work. 2. Trenching-This stage will involve trenching machinery that will dig a trench approximately 55" to 60" deep. The topsoil will be separated from the subsurface material (spoil). 3. Laying of the Pipe-Pipe will then be laid on the surface along side the ditch. It will be welded together, checked for leaks, and then lifted by a large piece of machinery and placed in the ditch. 4. Backfilling-The entire trench will be backfilled with spoil first, then topsoil. There will be a approximately 36" of cover over the pipeline. 5. Reclamation-The entire disturbed area will then be re-contoured to as close to original condition as possible and reseeded with a seed mix approved by the County Vegetation Department or the Bureau of Land Management. Brush will be chipped and spread, and trees on the BLM will be scattered along the right-of-way to discourage vehicular use. Address the following: (1 A). Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water. No water depletion is anticipated. Short term increases in surface run-off sediment load during and after construction will be mitigated with erosion control and reclamation. Ground water & stream pollution -not applicable. (1 B). Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration. No substantial effects are anticipated. There will be some dust and noise during construction but will be negligible. (1 C). Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. No substantial effects are anticipated. (1 D). Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. No substantial effects are anticipated. ---------------~-------------------~-------------------------------~~---i ··~ -;_, ~ I\ _il ,' .:; ,:_; '~-·, : . TRIGON "-~.:3: I :t :t: 1~1 ~I Your Pipeline To The Future ENGINEERS & CONSTRUCTORS Page 2 (1 E). That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). All activities, and the effects of those activities, will be on the owner's property with which Canyon Gas Resources has agreements. (1 F). Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution. Included. (2A). Provide adequate site rehabilitation. see attached 'Reclamation Plan'. (28). Possible financial security may be required. Canyon Gas Resources, Inc. will comply with any financial requirements deemed necessary by the County Commissioners. 5.03.08 Industrial Performance Standards: Canyon Gas Resources, Inc. agrees to comply with all applicable Federal, State and County regulations and any standards deemed necessary by Garfield County under this section. 5.03.08 (1 through 4). No substantial effects are anticipated. ~). Not Applicable (B). No permanent storage (C). See 'Reclamation Plan' (D). No permanent storage Canyon Gas Resources, Inc. agrees to comply with 04 & 05. (E). Not applicable (F). Not applicable Canyon Gas Resources, Inc. agrees to follow all requirements of Garfield County. Please contact me as soon as possible if any other information is needed to complete this permit process. Sincerely, ~~~J~ Rob Thompson As agent for Canyon Gas Resources, Inc. ::: R -;-1) _ S n, TRIGON f) ~III~~: r;;, ~I Your Pipeline To The Future ENGINEERS & CONSTRUCTORS August 20, 2003 Garfield County Building & Planning Department 108 81h Street, Suite 201 Glenwood Springs, CO 81601 Attn: Tamara Pregl Re: Reply to your letter of August 12, 2003 Dear Ms. Pregl, The following are answers to the remainder of your letter: 1 a. Canyon Gas Resources, Inc wishes to install a low pressure 8" natural gas gathering pipeline that will collect natural gas from many natural gas wells in the Parachute area and transport it to a processing facility. The length of the pipeline will be approximately 41,800 feet or 8 miles, and will encompass about 48 acres. b. There will be an 8" pig launcher at the southern most end of the pipeline (NW4 of Section 36, T7S, R96W); a 4" valve set (for future well connects) in the NE4 of Section 36, T7S, R96W; a 4" valve set (for future well connects) in the SW4 of Section 21, T7S, R95W; a 4" valve set (for future well connects) in the NW4 of Section 14, T7S, R95W; and an 8" pig receiver at the northern most end of the pipeline, NW4 of Section 14, T7S, R95W. ~ Construction is planned to be completed around December 1, 2003. J. Construction hours will be approximately from ?am to 6pm from Monday through Saturday. e. Please see the attached 'Reclamation Plan', and 'Wildlife and Habitat Mitigation Plan' which includes a proposed seed mixture appropriate for this area. f. Staging areas will be included in the proposed right-of-way areas and /or existing well locations. (TBI Production Co. will let us use some of their locations). A Stormwater Permit is included. g. Port-o-potties will be provided for the construction crew, as well as drinking water and ice. h. Please see attached 'Fire Prevention and Suppression Plan'. i. TBI Production Company is providing a copy of its right-of-way agreement with Canyon Gas Resources, Inc. j. Vaughn Hackett of the BLM will contact regarding this project. 2. A letter from Canyon Gas Resources granting Trigon-Sheehan, LLC authority to process the Special Use Permit is attached. 3. I have attached an Impact Statement and Industrial Performance Standards statement to this letter. 4. I have included the last 3 pages of the Special Use Permit application with my signature. Please contact me as soon as possible if any other information is needed. Sincerely, .ob Thompson As agent for Canyon Gas Resources, Inc. T t_j :._ S .-\ OURANGO Fire Prevention & Suppression Plan 58 1. Introduction 2. Purpose 3. Responsibilities and Coordination 4. Fire Prevention 4.1 Pre-construction & Construction 4.1.1 Training 4.1.2 Smoking 4.1.3 Spark Arresters 4.1 .4 Parking, Vehicle Operation & Storage Areas 4. 1.5 Equipment 4.1.6 Road Closures 4.1. 7 Refueling 4.1.8 Burning 4.1.9 Fire Guard 4.1.1 0 Blasting 4.1.11 Welding 4. 1. 12 Restricted Operation 4.1.13 Monitoring 4.2 Pipeline Operation 4.3 Pipeline Maintenance 5. Fire Suppression 5.1 Suppression 5.2 Monitoring 6. Notification 6.1 Notification Procedures 59 1. INTRODUCTION The Fire Prevention and Suppression Plan (plan) identifies measures to be taken by Canyon Gas Resources. Inc. (Company) and its contractors (Contractor) to ensure that fire prevention and suppression techniques are carried out in accordance with federal, state. and local regulations. Measures identified in this plan apply to work within the project area defined as the right-of-way (ROW), access roads, all work and storage areas, and other areas used during construction of the project. 2. PURPOSE The risk of fire danger during pipeline construction is related to smoking, refueling activities, operating vehicles and other equipment off roadways, welding activities, and the use of explosive materials and flammable liquids. During pipeline operation, risk of fire is primarily from unauthorized entry onto the ROW. During maintenance operations, risk of fire is from vehicles and pipeline maintenance activities that require welding. This plan establishes standards and practices that will minimize the risk of fire danger and, in case of fire, provide for immediate suppression. 3. RESPONSIBILITIES AND COORDINATION This plan will be implemented by the Company and the Contractor on the project. The Company and the Contractor have the responsibility for providing all necessary fire-fighting equipment on the project site to their respective employees, and operating under the requirements of this plan. Prior to construction, the Company will contact the appropriate authorities to establish communications, obtain permits (if applicable), and/or fulfill other obligations as directed by fire control authorities. In addition to the above, the Company will: • Ensure that prevention, detection, pre-suppression, and suppression activities are in accordance with this fire plan and federal, state, and county laws, ordinances, and regulations pertaining to fire. Accompany agency representatives on fire tool and equipment inspections and take corrective action upon notification of any fire protection requirements that are not in compliance; and The fire prevention and suppression measures described in this plan will be in effect from June 1 to the end of construction. These dates may change by advance written notice by fire control authorities. However, required tools and equipment will be kept in serviceable condition and be immediately available for fire suppression at all times. 60 4. FIRE PREVENTION MEASURES 4.1 PRECONSTRUCTION AND CONSTRUCTION Methods and procedures that will be implemented prior to and during the construction period to minimize the risk of fire are described below. 4.1.1 Training Contractor will train all personnel about the measures to take in the event of a fire. Contractor will also inform each construction crewmember of fire dangers. locations of extinguishers and equipment. and individual responsibilities for fire prevention and suppression during regular safety briefings. Smoking and fire rules will also be discussed with the Contractor and all field personnel during the project's environmental training program. 4.1.2 Smoking Smoking is prohibited except in areas cleared and graded a minimum of 10 feet in diameter to mineral soil. All burning tobacco and matches will be extinguished before discarding. Smoking is also prohibited while operating equipment or vehicles, except in enclosed cabs or vehicles. 4.1.3 Spark Arresters During construction, operation, maintenance, and termination of the ROW all Contractor and Company equipment operating with an internal combustion engine will be equipped with federally approved spark arresters. Spark arresters are not required on trucks, buses, and passenger vehicles (excluding motorcycles) that are equipped with an unaltered muffler or on diesel engines equipped with a turbocharger. A BLM fire prevention officer will have full authority to inspect spark arresters on project equipment prior to its use on the project on federal lands and periodically during the construction project. 4.1.4 Parking, Vehicle Operation, and Storage Areas In no case will motorized equipment, including worker transportation vehicles be driven or parked outside of the designated and approved work limits. Equipment parking areas, the ROW, staging areas. designated vehicle-parking areas, and small stationary engine sites, where permitted, will be cleared of all flammable material. Clearing will extend a minimum of 10 feet beyond the edge of the area to be occupied, but not beyond the boundaries of the approved ROW, extra workspace, or ancillary site. Glass containers will not be used to store gasoline or other flammables. 4.1.5 Equipment All motor vehicles and equipment will carry one long-handled (48-inch minimum), round-point shovel. and one dry chemical fire extinguisher (5 pounds minimum). Individuals using power saws and grinders will have a shovel as described above, and an 8-ounce capacity fire extinguisher immediately available. The Fire Guard will operate a truck equipped with a 125 61 gallon slip-on pump unit designed for wildland fireflghting. All equipment will be kept in a serviceable condition and readily available. 4. 1.6 Road Closures Contractor will notify the appropriate fire suppression agency of the scheduled closures prior to the open-cut crossing of a road. If required, Contractor will construct a bypass prior to the open- cut installation of a road crossing, unless a convenient detour can be established on existing project approved roads or within project approved work limits. All bypasses will be clearly marked by the Contractor. During road closures the Contractor will designate one person, who knows the bypass. to direct traffic. Contractor will minimize, to the extent possible, the duration of road closures. 4.1. 7 Refueling Fuel trucks will have a large fire extinguisher charged with the appropriate chemical to control electrical and gas fires. The extinguisher will be a minimum size 35-pound capacity with B.C. or higher rating. 4. 1.8 Burning No burning of slash, brush, stumps, trash, or other project debris will be permitted on the project. 4.1.9 Fire Guard The contractor will comply with BLM requirements outlined in Appendix _ (BLM Fire Prevention Order for Oil and Gas Operations-Order No. 02-03) 4.1.10 Welding One 5-gallon backpack pump will be required with each welding unit in addition to the standard fire equipment required in all vehicles. All equipment will be kept in a serviceable condition and readily available. 4.1.11 Restricted Operations The Contractor will. restrict or cease operations on federal lands during periods of high fire danger at the direction of the responsible BLM or USFS Fire Management Officer. The Contractor will restrict or cease operations during periods of high fire danger at the direction of the Garfield County Sheriff s Office Fire Marshal. Restrictions may vary from stopping certain operations at a given time to stopping all operations. The Company may obtain approval to continue some or all operations if acceptable pre<;:autions are implemented. 62 4.1. 1 2 Monitoring Construction Inspectors for the Company will inspect the job site and the Contractor's operations for compliance with all provisions of this plan. In addition, federal, state, and local fire control agencies may perform inspections in areas under their jurisdiction at their discretion. 4.2 PIPELINE OPERATION During pipeline operation, the risk of fire danger is minimal. The primary causes of fire on the ROW result from unauthorized entry by individuals utilizing the ROW for recreational purposes and from fires started outside of the ROW. In the latter case, the ROW can be used by authorities as a potential fire break. During pipeline operation, access to the ROW will be restricted, in accordance with landowner requirements, to minimize recreational use of the ROW. 4.3 PIPELINE MAINTENANCE During maintenance operations, the Company or its Contractor will equip personnel with basic fire-fighting equipment including fire extinguishers, and shovels as described in Section 4.1.5 Equipment. Maintenance crews will also carry emergency response/fire control contact phone numbers. 5. FIRE SUPPRESSION 5.1 SUPPRESSION Contractor will take the following actions should a fire occur within the project area during construction. • Take immediate action to suppress fires using all available manpower and equipment. • Immediately notify the nearest fire suppression agency of the fire location, action taken, and status (refer to Fire Suppression Contacts for a list of fire suppression agencies and emergency phone numbers). • Immediately notify the Company of the fire location and action taken. • Relinquish the direction of fire suppression activities to agency fire management officers upon their arrival. A company employee will remain at the fire scene until it is fully extinguished. The extinguished fire will be monitored in accordance with procedures described in Section 5.2 below. 63 TABLE I Fire Suppression Contacts Construction Phone Number Office Location BLM Lands, Colorado Garfield (970) 257-4800 Grand Junction Interagency Fire Dispatch Center County Private State Lands, Colorado Garfield (970) 285-9127 Garfield County Sheriffs Office in Parachute County 5.2 MONITORING Contractor will mark the location and boundaries of all extinguished fires. The extinguished fire site will be monitored by the Contractor for a minimum of 24 hours. Monitoring includes walking the fire site perimeter, as well as crossing through the site. 6. NOTIFICATION 6.1 NOTIFICATION PROCEDURES Construction crewmembers will report all fires, whether extinguished or uncontrolled, to the Field Supervisor. If the fire is uncontrolled, the Contractor will call the nearest fire suppression agency (refer to Fire Suppression Contacts}, and the Company. lnfonmation regarding the location of the fire, property ownership, and closest access roads should be provided to the Dispatch Office and the Company. If a reported fire is controlled, but not extinguished, the Field Supervisor will call to notify the nearest fire suppression agency to alert them of the situation. The status of the fire will be monitored and when extinguished, the nearest fire suppression agency will be notified. See Table 1 for a list of fire suppression contacts. 64 I ' ! ; Reclamation Plan 52 I. Introduction 1.1 1.2 1.3 1.4 Purpose Goals & Objectives Related Plans I Maps Responsibilities 1.4.1 The Company 1 .4.2 The Contractor 1.4.3 The Construction Inspector 2. Reclamation Process 3. Noxious Weed Control 4. Worker Safety and Spill Reporting 5. Reclamation Schedule and Documentation 6. Post-Construction Monitoring and Evaluation 6.1 Revegetation and Erosion Control Monitoring 6.2 Evaluating Reclamation Success 53 1. INTRODUCTION This Reclamation Plan (plan) describes measures to be taken by the Canyon Gas Resources, Inc. (Company) and its construction contractors (Contractor) for topsoil restoration, reseeding, planting. noxious weed control, and reclamation monitoring. 1.1 PURPOSE The purpose of this plan is to describe in text and on drawings the prescribed methods for topsoil replacement, reseeding, planting, noxious weed control, and monitoring for reclamation success. This plan is applicable to the construction on right-of-way (ROW) and extra workspace locations. The plan is comprised of the Wildlife and Habitat Mitigation Plan, July 2002. 1.2 GOALS AND OBJECTIVES The short-term goals of reclamation are to control erosion and sedimentation and to minimize impacts to adjacent land uses. Properly executed construction practices and optimum scheduling will mitigate short-term impacts. Long term goals include controlling erosion and sedimentation; protecting water resources and soils; limiting the introduction and spread of noxious weeds; and returning disturbed areas to pre-existing condition. Monitoring during construction and post-construction will ensure that these goals are achieved. 1.3 RELATED PLANS/MAPS The following document includes additional requirements specifically related to the reclamation of the ROW and ancillary areas: Wildlife and Habitat Mitigation Plan, NatureTech Consultants Services, Corp., July 2002. (Appendix A) 1.4 RESPONSIBILITIES Responsibilities are detailed below: 1.4. 1 The Company The Company will be responsible for ensuring that the Contractor meets the standards defined in this plan to restore all disturbed areas to pre-construction conditions and to ensure long-term monitoring of restoration success. The Company will take remedial actions as necessary to restore and maintain a stable vegetative cover on the ROW. The Company will provide the Contractor with the appropriate blended seed mixes developed through consultation with agency representatives and landowners. 54 1 .4. 2 The Contractor The pipeline Contractor will be responsible for post-construction re-seeding of the ROW, extra workspaces. and off-ROW ancillary sites following their construction activities. 1.4.3 The Construction Inspector The Construction Inspector will have the responsibility to ensure field activities are performed by the Contractor in accordance with this reclamation plan and in compliance with all other permits and agreements 2. RECLAMATION PROCESS The Reclamation Process will be conducted as outlined in the Wildlife and Habitat Mitigation Plan. 3. NOXIOUS WEED CONTROL Noxious weeds are spread through the dispersal of seeds or the transport of propagative plant parts. It is therefore important to reduce the sources of seed and viable plant material prior to construction disturbance and to prevent its transport or importation during construction. Noxious weeds will be controlled as outlined in the Wildlife & Habitat Mitigation Plan. 4. WORKER SAFETY AND SPILL REPORTING All contracted herbicide contractors will obtain and have readily available copies of the appropriate application permits and the Environmental Protection Agency Material Safety Data Sheets (MSDS) for the herbicides being used. All reasonable precautions will be taken to avoid spilling herbicides. However, a spill kit will be carried in all herbicide applicator's vehicles to facilitate quick and effective response to a spill, should one occur. 5. RECLAMATION SCHEDULE AND DOCUMENTATION Reclamation activities will be determined in part by construction schedules and seasonal climatic conditions. Seeding and planting will be coordinated with other reclamation activities to occur as soon after seedbed preparation as possible. Upon completion of reclamation, the Company's Construction Inspector, Area Supervisor , and Land Agents, and BLM representatives will perform a final inspection of the ROW and ancillary facilities to verify that pre-construction commitments have been satisfied. 6. POST-CONSTRUCTION MONITORING AND EVALUATION 6.1 REVEGETATION AND EROSION CONTROL MONITORING During the first growing season following construction and reclamation, a survey will be conducted to assess revegetation success and determine need for further reclamation. 55 Revegetation monitoring will include evaluation of the following parameters as compared to adjacent (off-ROW) vegetation: percent total herbaceous cover (seeded species plus desirable volunteers), and species composition. Where applicable, the following will be evaluated: new or expanded populations of noxious weeds. Reclamation techniques will be modified as necessary to address any areas with poor germination and/or growth and appropriate remedial measures will be undertaken. The Contractor will be responsible for remediating any problem areas identified by the Company for the first growing season following construction. Thereafter, the Company will be responsible for obtaining a reclamation contractor to perform any necessary work. Erosion control monitoring will be performed in response to significant weather events and/or concurrently with the revegetation monitoring during the first year following construction. 6.2 EVALUATING RECLAMATION SUCCESS The Company is responsible for the stability and revegetation of all areas disturbed as a result of construction for the life of the pipeline. The Company will conduct monitoring after the first growing season and thereafter to assess soil stability and revegetation success. The Contractor will reseed any portion of the ROW that does not exhibit 50 percent total herbaceous cover (comprised of seeded species plus desirable volunteers) relative to adjacent (off-ROW) vegetation after the first complete growing season. Additional seeding will be completed during the next seeding season (fall or spring). In the event that first year revegetation is affected by precipitation amounts significantly below the annual average, the Company may request deferment of additional seeding activities until the following seeding window. The reclaimed ROW will be considered stable when the surface appears similar to adjacent undisturbed land and the following accelerated erosion indicators do not exist: perceptible soil movement (exceeding pre-construction conditions) • head cutting in drainages flow pattern development resulting in large (greater than 12 inches in depth) rills or gullies trench subsidence or slumping Revegetation will be considered successful when the following criteria are met 56 I • total herbaceous (seeded species plus desirable volunteers) cover is at least 75 percent of that on adjacent land, and species composition comprised of a mix of seeded species and desirable volunteers from adjacent communities. 57 Wll.DLIFE Ai'ID HABITAT MITIGATION PLAJ."'I for CAJ."'YON GAS, INC. GARFIELD COUNTY, COLORADO Prepared for: John Obourn 2773 W. Long Drive #B Littleton, Colorado 80120 Prepared by: Steve D. Dahmer NatureTech Consultant Services Corp. POBox 2736 Grand Junction, Colorado 81502 Reviewed by: Michael J. Villa NatureTech Consultant Services Corp. PO Box 2736 Grand Junction, Colorado 81502 July 2002 TABLE OF CONTENTS Section 1.0 Introduction 2.0 Proposed Action 3.0 Purpose of Mitigation 4. 0 Existing Site Description and Expected Disturbance Issues 5.0 Mitigation Specifications LIST OF FIGURES Figure 1 -General Location of Project Site and Surveyed Areas 2-Topographical Map of Specific Surveyed Areas-North and South Tracts 3-Topographical Map of Specific Surveyed Areas-East Tract 1.0 INTRODUCTION 1-."arureTech Consultant Services Corp. ("NatureTech") was retained to formulate a wildlife impact mitigation plan for a proposed natural gas pipeline route which will cross three segments oi BLM land in Garfield County. Much of the proposed pipeline will follow existing pipeline right-of-ways ('"ROW'') and other portions will follow power transmission line ROWs. The new pipeline surface impacts would essentially fall within the existing ROWs crossing the BLM land segments. However, stnce much of the existing routes show little sign of reclamation attempts in the past, further disturbance will most certainly worsen existing impacts, particularly with regard noxious weed invasion, soil erosion and the appurtenant impacts to big game winter range and other wildlife habitats. 2.0 PROPOSED ACTION Canyon Gas, Inc. proposes to install a natural gas pipeline parallel to an existing pipeline in Garfield County, Colorado. The pipeline route will cross portions of Sections 10, II, 12, 14, 15, · 16, 20, 21, 29, 30 and 31 in Township 6 South, Range 95 West (Figure 1). Only three segments of this pipeline cross BLM property (Section 9, 12, 16, 21, 29, 30 and 31 ). The pipeline itself would consist of an 8-inch diameter, low-pressure line (300-400 psi) within essentially the same ROWs occupied by the existing pipeline and power transmission lines (Figure 2 & 3). No more than a 50-foot width of vegetation will be disturbed on the ROW during construction. An adequate road system already exists to access the sites and the pipeline ROW has a 4WD accessible road in most of the ROW on top of the buried line. Elevations on the site range from 5440-6600 feet, across a wide range of habitat types, slopes and exposures. The proposed development will effect existing vegetation, habitat components and wildlife use of the area. NarureTech was retained to complete the mitigation planning to resolve these impact issues. This report addresses direct and indirect potential impacts to wildlife and their habitat, including soils and vegetation. 3.0 PURPOSE OF MITIGATION The proposed action could potentially disturb approximately 21 acres of BLM land if the full 50- foot width of the ROW on the BLM segments were disturbed during construction. Impacts to wildlife and habitat from this construction can be direct or indirect. Direct impacts refer to tangible, on-site impacts such as disturbance to plants, soil, animals themselves and other physical habitat attributes. Indirect effects include transient impacts to surrounding resources, users or intangible values or attributes. Examples of indirect effects might include things such as visual impacts, socio-economic impacts to surrounding communities, wildlife travel corridors and seasonal use patterns. Cumulative impacts are the result of continual human activities throughout an area. As habitat is affected by development activities and human presence in various forms, wildlife are forced into using smaller areas or areas of lower habitat quality. Wildlife may have to adapt to the human disturbance by changing behavior, use patterns, or abandon an area if they are disturbed too frequently and at greater intensities. The end result is a greater energy expense and stress to individual animals, movement of animals and higher population pressures on a smaller land area and a cumulative negative impact to the wildlife species as a whole. Continuing development and increased pressure can ultimately cause population declines as well as negatively impact ecosystem communities on the whole. \ . r . . v· ': ."5\ -q t ~/ ~-4¥-----t _-r~::~~.:' _J..,:_ ·-- .... ~ 117 ' . I -~ I ·-"0 tT\. ' -~-~ ~-... ~ ·" '. ·--io· 0'•-• < ~r. ...,. ~, . _ _. -·-....... -- ' I ! -~.r . • . • II .I t -.r:.·,· VI'~~ . I • J ., I '7 C'b I • -·· '/ ~ . ' ' ..-,... • I li , ( r, . ..... "".'·~ ' ? .. ... ~-·-- (.. ! \ " \r • Holm~ Mesa~ -~ '·-.::-\l~ ·1. . . .. . • '· .. . -, q,(J .. ! A. · · _... ·--o ' -·.· .. u ,,'«" •-""~-·-· . . ... ,-;-&' .r-. -~--.Jt ,~-"' iJVI!I P1t • 1 . . .• ;,. i.~~--•· '1, •.. ~ ... . _ .• , •1· .. "'Hl·~-I . . ~ M~J<1~ ' ~ • ·· .J' . , • i. ,., . • -r· ,, ,. "-.-" ,~-iu··. · :-, ·s,augnenh!'.'~P' .. ~ v - \ . . ---1 r/---• _ It • <I> 'I< I : 1 . •. ,,.i ·• . f -· -,.. L . . . i:1 ·:.-,. ·------ 1 •• ,_ .>. ~--ol ~ • V ·'aattle~ent... .. · -~a\.tl !Til'nt Mes ?. '. . ----1~ ~ _,.· "tHCemj":O...· -1·-'-L-'':. ... "' ;1·· ·· ~GasWell •• . .; Rnt.ll.,mE'nt ·----·-· t4 ' ' -· ' -..... I I ~ ,{j .'• .. :~ •t I 1•' "• ... --\-.-~- ,, .! I S<"it<Hll w . . -,~ •I' '" q;;--.:-1·----,--. t\ . 1nnent 1 ·.. , . . . •--.,. I c· Gu . L: .. , \;' )'\I .. . "''0 ' t ., : "• • 1 , ne I . ~ I I II , )f .. . . ~ . · t · · • I q.-, ' · 1', • > I< . . ' ' • ·, • ; f1 \'·'· .. 1\ ·-"'---•. ~--! ~(• j Jac!ls, , . ·. : b . . f ... Pocket \\ \ ·~ ·. ·" . . l:f.t. ' 19 Gas I ?a C'1i J)ru w~u o/--=-~'\.. i - -l" Qp .... ~ -.. p { ' 0 I ~-<= --; ,., ·=·:~ '·--' ·G .·'<l : 7 ::J-oo.: WE\11 · i /J ~, (.o,...f'-0 --yo- ·-~') -, ~ r. .. .. ' ' .. ·""""\ • • ) 'I\\ .. . Ooghcdd Mtn 906~ -. ·\ :· . C··· "-.-~ ..... \' ·· . <--, .. ..,: . I ·J:.~z; '• • '. J . - I I" ,lO I I ' ' .• . .. ..... -~· It" : • ..., -.:.. ., . "·. i'". ~ ~ .10 '' I ,:,. ;< .}~ "'<• ~ '1. F4 \~ I ... ·""·· ,. ,6 ... 9fs['~ II ·-.. General Location Map for l ~-~,~"" Canyon Gas Pipeline ROW , / Nature Tech Consultant Services Corp. POBox 2736 Grand Junction, CO 81 502 Phone: (970) 876-0661 Fax: (970) 876-0662 file Nome: Drawn by. SOD Bureau of Land Management Pipeline ROW Area Map 4 l -,7 ~. ~u~ ~kf8izt. /,,-- 11\ :·. ~~/-· ~~ / I . ./' ~ :.f / \./ ~-1:-... / .,· .. ·· - : --,.--J...r-./ ~ ' ' .. . ': ;_./.1 \ ~· .-..--=. "T":!.~·--~ -.... ··.:. -~6'·.:.......--.. -/'J( (~;;4~:. /_:_·:·. :: :': ~~-~ Canyon Gas Pipeline-BLM Impacts on Section 9 and 12--East Tract •. ·-:\' .,...~- ~--~· .-.. ···· ... i ,4· ·---·~-·-" ., ··.:<·~~~-~~- .. ;:·.·.! -_..~ --~ ···, '::·. ( .. · . , :· '/"'~..::-.. •.. ·· ' .. -.... \ ' fC~ec</%,1;: LM>w~Tmpoc :;· ''•<:: , : " L i !iJ ".:' ';..> ;;;: / • . -.. :·. ·. "".' -. . I; . :Jil I -~\·S'•.:f. . -. ·;; .. · .. ,--· ... . -\.' " ..... \' .~ '-\ -~·-·. . ( . ' . . · .:·· .. \ ':'·.\"' -~ ·"·\Jt: \' \ i; .. ---.. . ·. : .~\'..} .~> ·\··:'\:·: .. Nature Tech Consultant Services Corp. POBox 2736 Grand Junction. CO 81502 Phone:(970)876.o661 Fax: (970) 876-0662 " Bureau of Land Management Seclion 12 and 9 Pipeline ROW lmpacls In this instance, impacts to wildlife will vary depending upon well density and locations, road density, locations and ongoing human activity associated with maintenance of the well pads and pipelines. Short term impacts will vary depending on timing of drilling activities and pipeline construction operations. Following the mitigation measures contained in this report will reduce potential impacts. Oi greatest concern to big game are potential impacts to mule deer and elk wintering areas. A significant portion of the pipeline ROW falls within one or more winter range categories as mapped by the CDOW. The ju.xtaposition of Pinyon-Juniper and Mountain shrubs/grass along the area provides good forage and cover during the winter months. Elk also use this area for cover moving into the open areas and meadows to forage. Other wildlife such as upland game birds, neotropical migrants, raptors, amphibians and reptiles all could potentially be affected by this project. The potential for and degree of impact will vary based upon habitat types and species in question. The greatest risk to the greatest number of species would accrue from impacts to limited riparian areas, where both the density and diversity of wildlife is greatest. In addition, species that spend most of their time in other habitat types may still rely on riparian areas for their primary source of water and in some cases, cover. Current plans call for minimizing impacts to habitat and associated wildlife to the greatest degree possible. By using existing roads and pipeline ROWs, Canyon has taken a significant proactive step towards minimizing wildlife and habitat impacts. The purpose of this mitigation plan is to avoid and minimize anticipated impacts whenever possible and to provide a method by which the unavoidable impacts of the project can be repaired after construction is complete. 4.0 EXISTING SITE DESCRIPTION AND EXPECTED DISTURBANCE ISSUES There are three segments ofBLM land affected by this project. While all three areas share a number of physical and biological attributes, each site contains a number of unique features and each is utilized by various wildlife species in a variety of ways. In order to adequately address mitigation measures on each, it is necessary to supply a brief description of each segment. For the purposes of this discussion, the three segments shall be labeled by their relative location. The first is the East Tract, which is comprised of three tiny segments ofBLM land in Section 9, 12 and 14. The second is the North Tract, which crosses approximately 1.3 miles in Sections 16 and 21. Finally, the South Tract crosses approximately 2.2 miles ofBLM land in Sections 29,30 and 31. East Tract Slooes and Asoects: Most of the East Tract is characterized by slight to moderate slopes, primarily on a north exposure. Vegetation: The East Tract contains primarily dry uplands including sagebrush (Artemisia tridentata), oakbrush (Quercus gambellii), serviceberry (Ame/anchier alnifolia) and pinyon-juniper habitat types. Understory plants include fringed sage (Artemisiafrigida), desert phlox (Phlox spp.), Indian ricegrass (Oryzopsis hymenoides), mountain muhly (Muh/enbergia montana), Junegrass (Koelaria pyramidata), barrel cactus (Opuntia spp.) and paintbrush (Castilleja spp.). A few scattered Douglas fir (Pseudotsuga menziesii) are also present on the site. Outside the ROW on undisturbed areas, large shrub species such as serviceberry are mature and stand 8-12 feet tall. The Juniper component is varied with many new seedlings established as well as some stands of large. mature trees, particularly on the western side of Section 12. The ROW has more sparse vegetation and shorter shrubs due to previous pipeline construction and maintenance activities. Plant cover, health and ;igor are all generally good in the surveyed area. Evidence of previous human activity is abundant, including much trash and debris scattered throughout the site. Soils: Soils found on the East Tract are comprised mainly of the Potts-lldefonso complex, which has a low water availability capacity and is prone to erosion. Native plant establishment has been reasonably good on the ROW through Section 12. Consequently, soil erosion has been greatly reduced on this Tract in relation to the other two Tracts. Noxious weed invasion on this site has also been minimal. Wildlife: Elk and deer tracks and sign were abundant on the site along the length of the ROW and key forage species were clearly being utilized. Many droppings and recent bedding areas were also discovered, though no live animals were seen within 1/8 mile of the ROW centerline. It appears that elk and deer as well as coyotes use the existing ROW as a travel corridor given its less dense brush and generally more open nature than surrounding areas. The area is used as winter range and spring/fall transitional range by big game and is grazed through the summer months by domestic cattle. The Colorado Division of Wildlife has mapped the area as general winter range for mule deer and a small portion as a winter concentration area. For elk, the area falls within severe winter range and winter concentration areas. No raptors of any species were observed during field surveys and no raptor nest sites, nor any evidence of raptor use (fecal pellets, small mammal or bird remains, feathers, etc.) were discovered within 1/8 mile of either side of the proposed ROW. Exoected Disturbance Issues: Vegetative succession will be set back by construction activities on the ROW. The existing ROW has not fully returned to a pinyon-juniper forest type like that found in most of the surrounding area, from the original pipeline construction impact created in 1961. This is readily seen by the more open nature and smaller, younger shrubs and trees on the ROW than on adjacent, undisturbed sites. Soil disturbance will create an opportunity for noxious weed invasion and establishment along the pipeline, as well as the potential for increased erosion until new plants become established. This is particularly true on the west end of the Tract where steep slopes occur. The ease with which public access is attained on this segment is a concern for wildlife impacts. Wildlife will be impacted not only by the loss of forage for two or more years, but also a loss of cover and the potential for increased human access, traffic and continual disturbance. This will be particularly problematic for wintering big game herds. South Tract Slopes and Aspects: Most of the South Tract is characterized by moderate to steep slopes on a variety of aspects. The segment in Section 31 is entirely a southern exposure on steep, rocky terrain. The southern end of Section 30 crosses a small riparian area, then a ridge line and becomes a northern exposure, all on moderate slopes. The entirety of Section 29 is on a northern exposure, with the mid-section containing the steepest slopes. Vegetation: The South Tract BL:-o.! study area contains primarily dry uplands including sagebrush, oakbrush/ser.iceberry and pinyon-juniper habitat types. The extreme southwestern portion is on a southern exposure containing steep, rocky hills1des with sparse, shallow soils and very little understory vegetation. The area is dominated by one-seed juniper (Juniperus monosperma) and pinyon pine (Pinus edu/is), with the majority of both species being large, mature trees forming a thick canopy. Understory plants are very sparse, but include representatives of Mormon tea (Ephedra trifurca), mountain mahogany (Cercocarpus montanus), Indian ricegrass, and some mountain muhly, cheatgrass (Bromus tectorum) and barrel cactus (Opuntia spp.). The more northerly segment of the South Tract contains a small riparian area dominated by narrowleaf cottonwood (Populus angustifolia) and mountain maple (Acer glabrum). There is evidence of an old bum in and around this segment and subsequently there are fewer juniper and pinyon trees and more Gambel's oak (Quercus gambelli), sagebrush (Artemisia tridentata), rubber rabbitbrush (Chrysothamnus nauseosus), skunkbush sumac (Rhus trilobata) and Mormon tea. The old, disturbed pipeline ROW has not been reclaimed very well as there was little vegetation on the pipeline overall, and that which is present is composed primarily of undesirable, weedy plant species. These include Curlycup gumweed (Grindelia squarrosa), bindweed (Convolvulus an;ensis), Virginia ground-cherry (Physalis virginiana), sweetclover (Melilotus officina/is) houndstongue (Cynoglossum officina/e), musk thistle (Carduus nutans) and halogeton (Halogeton glomeratus). The north-facing hillside in Section 30 and 29 on this Tract is quite dry despite its exposure and is clearly dominated by pinyon pine, though there is a reasonable component of serviceberry and Gambe!'s oak in the understory. Numerous dead-standing pinyons are widely scattered all across this hillside, and all appear to be recent casualties of an unknown cause. Soils: Soils found on the South Tract are comprised primarily of lldefonso stony loarns, which have a low available water capacity and are highly prone to severe erosion. The extreme southwest end of Section 31 also contains Torriorthents and Camborthid rock complexes, which are typically very rocky areas on steep slopes, also having a severe erosion hazard. Previous reclamation attempts appear to be completely lacking on the South Tract ROW and much erosion has occurred on this segment, particularly on the steeper slopes. Proper grading, water drainage and re-seeding should be used to address existing problems on the ROW. Wildlife: Potential raptor habitat is plentiful along the proposed pipeline ROW on the South Tract. However, on the field surveys only one raptor was seen in or around this area. A lone Red-tailed hawk was seen flying through the area from east to west across the South Tract on the northern exposure overlooking Battlement Mesa. No rap tor nest sites, nor any evidence of rap tor use (fecal pellets, small mammal or bird remains, feathers, etc.) were discovered within 118 mile of either side of the proposed ROW on the South Tract. The South Tract area is mapped as general winter range for elk with some winter concentration area on the northern end, while mule deer use is mapped showing most of the area as general winter range, a good portion classed as a winter concentration area and some of the northern end classed as severe winter range. The South Tract is so dominated by pinyon and juniper as to provide little forage for big game, though it functions quite well as security and thermal cover. The pinyon and juniper forests need a fire or other disturbance to recapture the South Tract's value as winter range in the future. Expected Disturbance Issues: Given the lack of vegetative cover on the existing ROW in this segment, additional pipeline construction disturbance will cause little impact to vegetation. However, it will loosen soil and create a good seedbed for further noxious weed invasion and increase the potential for erosion. Since much of the South Tract is heavily wooded by mature pinyon and juniper forest with very little understory vegetation, the pipeline actually creates an opportunity for enhancing winter range forage for big game. Ample security cover already exists throughout the Tract and the pipeline ROW could become a prime foraging area if reclaimed properly. Public access to this area is strictly limited by surrounding private lands, so unregulated human disturbance to wildlife such as hikers, mountain bikers and ORV users should not be an issue in this area. North Tract Slopes and Aspects: Most of the North Tract is characterized by slight to moderate slopes on north and west aspects. Numerous small draws drain the area so there are short, localized steep slopes on portions of this Tract. Vegetation: Nearly the entirety of the North Tract falls within the relatively recent bum above Battlement Mesa. One small segment on the southern end of the proposed pipeline route in Section 21 still has a small stand of mature junipers which were not burned. Young, vigorous new growth on a multitude of shrub and grass species is clearly evident throughout the area, including oak, serviceberry, snowberry (Symphoricarpos a/bus) and mountain mahogany. Grasses include blue bunch wheatgrass (Agropyron spicatum), intermediate wheatgrass (Agropyron intermedium) and Indian ricegrass. Surprisingly, there was relatively little cheatgrass in the burned area along the ROW. The plant cover, health and vigor are all very good on the North Tract. Soils: Soils found on the East Tract are comprised oflldefonso stony loams, which have a low available water capacity and are highly prone to severe erosion. Public access to this area appears to be unlimited and a number of roads and trails traverse the BLM lands along the powerline ROW. Erosion is severe in places and little, if any, work has been performed on the access roads to maintain a drivable surface or proper water drainage. Wildlife: Potential rap tor habitat is severely limited on the North Tract since most of the area has burned. The site provides a good hunting area with many perches on the old pinyon and juniper trunks, but almost no suitable nesting habitat exists. A lone turkey vulture was seen soaring high overhead near the powerlines on the North Tract above Section 16 during the field surveys. No rapt or nest sites, nor any evidence of rap tor use (fecal pellets, small mammal or bird remains, feathers, etc.) were discovered within 1/8 mile of either side of the proposed ROW on the North Tract. Elk and deer tracks and sign were abundant on the site along the length of the ROW and key forage species were clearly being utilized. Many droppings and recent bedding areas were also discovered. though no live animals were seen within 1/8 mile of the ROW centerline. The area is used as winter range and spring/fall transitional range by big game and is grazed through the summer months by domestic cattle. Free water availability may be a limiting factor in this area during the summer months. The Colorado Division of Wildlife has the North Tract mapped as general winter range for mule deer and some of it as a winter concentration area. For elk, the area falls within general winter range, a signiricant portion as a winter concentration area and a small portion of it as severe winter range. Expected Disrurbance Issues: Vegetative cover and quality is very good on the North Tract from a big game foraging standpoint. The grass and shrublands also offer a distinct habitat type relative to the majority of the region which is densely covered in marure pinyon and juniper forests. Disturbance of this system will create potential for noxious weed invasion, particularly for cheatgrass. Given the localized steep slopes and the high erosion potential for the soil types in this segment, great care must be taken to minimize disrurbance during construction and reclamation of the site should be immediate upon the pipeline's completion. The area is clearly an important big game wintering area. Numerous roads and trails traverse the area and public access to BLM land here is quite easy and very near the human population centers of Battlement Mesa and Parachute. There is a strong possibility of significant human disturbance to wildlife populations in this area year-round. Of particular concern is the potential for increased disturbance of wintering big game herds in the area. 5.0 MITIGATION SPECIFICATIONS Avoidancerriming Restrictions: First and foremost among the mitigation steps will be to avoid wildlife disturbance during critical periods. The GSRA Plan Amendment affected by the ROD for Oil and Gas Leasing and Development (March 1 999) provides for Timing Limitation Stipulations to apply to any activities proposed within big game winter habitat. In this case, construction activities associated with the pipeline should be prevented in winter habitat areas from December I to April 30. There is one exception to this stipulation, which states that, under mild winter conditions, the last 60 days of the seasonal limitation period may be suspended after consultation with the CDOW. Winter severity is determined on the basis of snow depth, crusting, daily mean temperatures and animal concentration factors. This will ensure no disturbance to wintering big game herds on critical range during the most challenging time of year. Since wildlife are a mobile, biological entity, it is possible that species and or use patterns may change from the time of the surveys to the actual construction commencement. Other daily and seasonal timing limitations may be implemented during all phases of the planned development to reduce or minimize potential impacts to wildlife in the area, and these will be handled on a case- by-<:ase basis. Such limitations may occur due to big game wintering extensions in the event of a late spring, potential birthing areas which may have been missed due to the timing of surveys this year, newly-nesting raptors which may establish prior to commencement of construction activities and the presence of any endangered species that is found to occur in the project area that might be sensitive to development activities. While none of these are currently an issue, the potential ex1sts that they may become an issue by the time construction begins. Construction Personnel Restrictions: All personnel working on any portion of the pipeline operations will be required to leave firearms and pets at home. This will preclude people or dogs from chasing, harassing or killing wildlife while construction is taking place and wildlife are already being impacted. Re-Seeding: After construction is completed, the primary goal will be to re-seed all disturbed areas immediately following construction activiry. A fall seeding of native plants would take advantage of spring snowmelt and precipitation and establish very quickly. Should construction be completed by mid-summer, an interim seeding with a cover crop such as oats to prevent erosion would be appropriate. Reclamation seed mixtures will contain native grasses, forbs and shrubs. On highly variable sites, speci fie seed mixes should be planted with regard to slope, aspect, soil rype and average available soil moisture. In this case, soil rypes are relatively unifonn, precipitation regimes are comparable and the low elevations and lack of prominent geographical features minimize the effects of exposure. Consequently, a uniform seed mixture should work adequately across the entire ROW reclamation area. Table 1 contains the suggested seed mixture appropriate for the conditions found along the ROW. Noxious Weed Control Plan: Second, all disturbed areas should be included in a comprehensive noxious weed monitoring and control program. Weed control will continue for at least three growing seasons following pipeline construction, and may require longer proactive management depending on the species involved and the relative degree of establishment achieved. Table 2 contains a list of potential noxious weed species of concern in this area, as well as a list of other troublesome species already found on site. Control methods will vary by the weed species actually present and may require up to three treatments annually over the course of the monitoring period. Once adequate native vegetation is re-established on disturbed sites, weed invasion should be far less problematic. Adequate grass and forb cover should be easily established within 2 growing seasons and a young, native shrub component within 5-7 years. For the areas surrounded by mature pinyon and juniper forests, those ROW areas are unlikely to ever reach climax forest rypes again as long as there is on-going maintenance of the pipeline along the ROW. However, the ROW can be easily maintained as an excellent foraging area for wildlife and add diversiry to the habitat rypes in the area. Road Closures: Finally, road closures and motorized vehicle access restrictions should be implemented, particularly where public access to BLM lands is relatively easy. Little else can prevent successful reclamation of a disrurbed site as well as unrestricted motorized use. The freshly- disturbed pipelines and terrain will be an attraction of ORV users, particularly on the East and North Tracts which are visible to the 1-70 corridor and towns of Battlement Mesa and Parachute. Such road closures should be physical blockages that preclude motorized access at strategic points. Verbal or written closures are notoriously ineffective management tools. Construction of gates and or earthen berms will prevent the motorized access where appropriate. This physical exclosure will provide a much more secure and secluded habitat for wintering big game than currently exists and will prevent soil erosion, unauthorized garbage dumping and eliminate a vector for noxious weed seeds as well. Reclamation Objectives: BLM requires a written objective for reclamation to be used on the proposed Plan of Development. The reclamation objectives are as follows: I. Establish desirable perennial vegetation on all disturbed areas by the end of the second growing season. Establishment of grasses and forbs should be greater than 50% cover on good soils (not rock outcrop complexes) at the end of the second growing season. 2. Re-vegetation will be considered acceptable if: a) the disturbed site is considered stabilized and erosion-controlled b) undesirable vegetation on the disturbed sites comprise less than 5% of the total vegetative cover provided that the adjacent vegetation (undesirable) percentage is less than 50%. If the adjacent undisturbed vegetation composition is comprised of more than 50% undesirable species, then the acceptable level of undesirable species on the disturbed area should be no greater than 50% of the total re- vegetated cover as well. This will be determined on a case by case basis by the Authorized Officer. c) listed noxious weeds are non-existent 3. Establish a final level of re-vegetation that approximates the original pre-disturbed condition (adjacent undisturbed area) in terms of total canopy cover and composition for shrubs, grasses, and forbs. At a minimum, the shrub component should be at least 5% and the forb component at least 10% of the total vegetation on the reclaimed area if the adjacent vegetation is of equal or greater value for shrub and forb percentages. Final reclamation will not replace mature trees. Undesirable vegetation should meet the condition described (2) and noxious weeds must be non-eltistent. Annual and verifiable progress will be made pursuant to the above. Summary: Mitigation for impacts resulting from construction of a new pipeline within the eltisting ROW alignment will involve several steps. First, the selected route itself remains within an eltisting pipeline ROW which has been previously disturbed. This will avoid additional impacts which would accrue from construction on an undisturbed route. Second, construction will take place in accordance with the timing restrictions set forth in the Oil and Gas ROD amendment to avoid disturbance to wintering big game herds during the most critical survival period of the year. Construction personnel will not be allowed to bring ftrearms or dogs onto the site during construction to further ensure minimal wildlife disturbance. Once construction is complete, the entire disturbed area will be reseeded with the grass and shrub seed milt set forth in Table I. The seed milt is a drought-adapted miltture of high-quality forage grasses and shrubs which will benefit many wildlife species, particularly big game. The milt is also designed to quickly re-vegetate the disturbed areas and prevent soil erosion. Following re- seeding, Canyon will embark upon a 3-5 year weed monitoring and control plan to ensure that no noltious weeds occupy the disturbed area and to minimize the invasion of undesirable plant species. Finally, physical road closures shall be put in place in conjunction with BLM officials to eliminate ORV and other motorized access onto the pipeline ROW and other critical wildlife habitats found on BLM land. These steps should minimize any short-term negative effects of the pipeline construction on wildlife species and habitat. T bl l S a e uggeste d d . see nuxture or rec amation o fth c e an von G ROW as Site Condition Common Name Scientific Name %Seed Mix Drv Site; south and Intermediate wheatgrass Awovyron intennedium 25 west exposures Indian ricegrass Orvzovsis hvmenoides 10 ShaUow, Rocky Soils Western wheatgrass Awovvron smithii 15 Plantinl! rate: Bluebunch wheatgrass Awovvron spicatum 20 15 1b/ac Needle-and-threadgrass Sliva coma/a 10 Prairie junegrass Koelaria pyramidata 5 Bitterbrush Purshia tridentata 5 Mountain mahogany Cercoca17JUS montanus 5 Arizona fescue Festuca arizonica 5 T bl 2 P a e : . l otentia noxious wee d d species an undesira bl q ants on th c e any on G ROW. as site Common Name Scientific Name Noxious (N) or Urgency of Undesirable (U) Control Russian Knapweed Centaurea repens N High Canada Thistle Cirsium arvense N High Houndstongue Cynoglossum of/iciona/e N High Whitetop Cardaria draba N High Musk Thistle Carduus nutans N Moderate Cheatgrass Bromus tectorum N High Western sticktight Lappula occidentalis u Moderate Halogeton Halogeton glomeratus N High Kochia Kochia scoparia N Moderate Larnbsquarters Chenopodium album u Moderate Russian thistle Sa/sola iberica N Moderate Virginia ground-cherry Physalis virginiana u Moderate. Curlycup gumweed Grindelia squarrosa u Moderate Field bindweed Convolvulus arvensis N Moderate GENERAL PERMIT APPLICATION For Agency Use Only STORMWA TER DISCHARGES ASSOCIATED WITH: C 0 R -0 3 --::----,::---:--:---- Date Received Year Month Day CONSTRUCTION ACTIVITY (Permit No. COR-0300001 Code: 9A 9B 9C(l) 9D(2) 9E(3) 9F(4) Please print or type. All items must be completed accurately and in their entirety or the application will be deemed incomplete and processing of the permit \vill not begin until all information is received. Please refer to the instructions for information about the required items. An original signature of the applicant is required. I. Name and address of the permit applicant: Company Name CANYON GAS RESOURCES. INC. Mailing Address 7400 EAST ORCHARD ROAD. STE. 270 City, State and Zip Code ENGLEWOOD CO 80111 Phone Number (303) 222-6204 Who is applying? Owner IZJ Developer 0 Contractor 0 Federal Taxpayer (or Employer) ID#: __ -__ Entity Type: Private IZJ Federal 0 State 0 County 0 City 0 Other: 0 Local Contact (familiar with facility) BR.JA,"l PETERS Title PROJECT ENGINEER Phone Number (303) 222-6204 OR (720) 560-2968 2. Location of the construction site: Street Address N/ A City, State and Zip Code PARACHUTE, CO 81635 County GARFIELD, CO Name of plan or development SOUTH PARACHUTE PIPELINE PROJECT Latitude and Longitude N 39' 23' 45.33", W 108' 3' 30.61" (SENW SECTION 36. T7S-R96W) 3. Briefly describe the nature of the construction activity: 2/02/const Typical pipeline construction activity consists of clearing and grading for access, clearing of the surface for the trenching eguipment, installation of storm water bmps, installation of pipe, covering and backfilling of pipeline trench followed by site and right of way stabilization and reclamation. The proposed project acreage is approximately 54 acres. -I- 4. Anticipated construction schedule (SEE INSTRUCTIONS!): Commencement date: OCTOBER. 2003 Completion date: DECEMBER. 2003 5. Area of the construction site: Total area of project site (acres) 54 ACRES Area of project site to undergo disturbance (acres) 54 ACRES If project site is part of a Larger Conunon Plan of Development or Sale, total area of common plan to undergo disturbance (see Instructions). N/A 6. The name of the receiving stream(s). (If discharge is to a ditch or storm sewer, also include the name of the ultimate receiving water): DRY CREEK. BATTLEMENT CREEK. MONUMENT CREEK AND STONE QUARRY GULCH FEED INTO THE COLORADO RIVER. 7. Stormwater Management Plan Certification: "I certify under penalty of law that a complete Stormwater Management Plan, as described in Appendix A of this application, has been prepared for my facility. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the Stormwater Management Plan is, to the best of my knowledge and belief, true, curate, and complete. I am aware that there are significant penalties for falsely certifying the completion of sai S , including the possibility affine and imprisonment for knowing violations." BRIAN PETERS N arne (printed) 8. Signature of Applicant (legally responsible person) Date Signed (11\AlV f\ 6£k-f:J-J <i-1 r-J.t.L*-1 ~ Cr-{/. oP.&.A-11 ;,N 5 Title "! certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submi · ng fa! information, including the possibility of fine or imprisonment." G:?~c1~ _j j 52~' ';6{ d-') 0~ Signature of Applicant Date Signed I BRIAN PETERS Name (printed) 2/02/const -2- ('JWJW!<..-fJJ 6-' NEi!L\ ~ /} o P./:flNT? o)J S Title \ \ \ SOUTH PARACHUTE PIPELINE PROJECT STORM WATER POLLUTION PREVENTION PLAN For The NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM --~-·-. .... --..!._! Prepared for: / "'--._ / ~--------- ~--, __ _...,../ ----- Canyon Ga!> Resources,-tnc. ------~-<-----·· 7400 East Orchard Roaa, Ste. 270 // · Englewood, CO 80111 Prepared by: Trigon-Sheehan, LLC 126 Rock Point Drive, Suite B Durango, Colorado 81301 TRIGON &'i: I~ #I: m~~ r-- ENGINEERS & CONS~RUCTORS 1.0 PROJECT DESCRIPTION Canyon Gas Resources, Inc. (Canyon) proposes to construct, operate, and maintain a pipeline system to transport conventional natural gas from the Tom Brown Inc. (TBI) wells into an existing natural gas processing facility downstream. Total proposed pipeline system length is approximately 7.83 miles of 8" low pressure steel pipeline. Interconnects with existing pipelines and well ties at the TBI production area will supply the new line. Project area map is included in Appendix A. A metering and pigging facility will be located at the proposed interconnect to the Bentley System which eventually feeds into the West Rifle Compressor Station. The above ground appurtenances will be located as follows: an 8" pig launcher at southern-most end of pipeline (NW-S36-T7S-R96W), a 4" valve set in NE-S36-T7S- R96W (for future well connects), 4" valve set in SW-S21-T7S-R95W (for future well connects), 4" valve set in NW-S14-T7S-R95W (for future well connects), and an 8" pig receiver at the northern- most end of the pipeline (NW-S14-T7S-R95W). Canyon will design, construct, operate, and maintain the proposed facilities in accordance with the U.S. Department of Transportation regulations codified at Code of Federal Regulations, Title 49, Part 192, "Transportation of Natural Gas and Other Gas by Pipeline; Minimum Federal Safety Standards", and other applicable federal and state regulations. The standards imposed are in accordance with the Natural Gas Pipeline Safety Act of 1968, as amended. 2.0 NATURE OF CONSTRUCTION ACTIVITY The standard open cut construction method will be used to install the pipeline. This method includes clearing, grading, trenching, pipe stringing, pipe bending, welding, joint coating, padding where required, lowering in, backfilling, pneumatic testing, cleanup, and restoration. The surface of the pipeline route will be cleared to provide a flat surface for trenching equipment. Typically, the ditch line is bladed to clear the area of vegetation and prepare a level working surface. Pipeline construction equipment will be used; including trucks, loaders, graders, excavators, backhoes, trenchers, side-booms, bending machines, and pickups. Soil will be removed and stockpiled and/or windrowed on the working side of the ditch. Any existing topsoil will be segregated for use in final reclamation. Up to 12 inches of topsoil will be salvaged before trenching and windrowed or stockpiled near the operations off the travel lane to prevent its loss or compaction. This procedure will be followed on portions of the route that contain native vegetation in accordance with regulatory and easement requirements. This procedure will be used to preserve native seed stock on the right-of-way and assist in the revegetation and stabilization process. Spoils from cuts will typically be used as backfill at the site of origin. In areas where the pipeline is located within existing service roads, the backfill will be compacted following the requirements of local permitting agencies. Grading will include leveling the ground surface as required to permit transit and operation of vehicles and equipment and to enable placement of the pipeline at the desired elevation. In most instances, level surfaces are already present and little grading will be required. Cuts and fills to maintain grade will be minimized. Where necessary, cut and fill will be blended with existing terrain to maintain drainage and slope stability. Once the right-of-way has been prepared, trenching operations will begin. The ditch will be excavated using backhoes or clamshell buckets in areas where loose or unconsolidated rock is encountered. Hand digging will be employed when exposing existing utilities within 30 inches of another utility. 2.1 SEQUENCE OF MAJOR SOIL DISTURBANCE ACTIVITIES The construction of the pipeline is planned for October 1, 2003 to December 1, 2003. General construction stages and changes in site erosion potential and storm water runoff that accompany each stage are described below. The stages of specific projects and locations may vary slightly. Stage 1: Pre-Construction -Storm water runoff from the site is at pre-developed levels and erosion is minimal. Site perimeter erosion controls may be required prior to initial disturbance. Stage 2: Clearing and Grading for Access -Clearing and grading is accomplished for access only. Measures are implemented to protect off-site properties, including the installation of construction entrances (large aggregate aprons which transition from the construction site to paved off-site roadways). Erosion from the site increases to moderate levels and storm water runoff volume begins to increase as vegetation is removed and site areas become compacted by heavy equipment. At this stage, the installation of Best Management Practices (BMPs) may be necessary. (Typical BMPs are included in Appendix B.) Stage 3: Full Clearing and Grading -Full clearing and grading can result in moderate to high levels of erosion. Major storms can wash away sediment control structures and can deposit substantial sediment in control structures, significantly reducing capacity. Runoff volume is increasing as disturbed area increases. Regular inspection and maintenance of sediment control practices is required to maintain effectiveness of the devices. Clearing will be conducted to allow access for the construction equipment (e.g., back hoe or trenching machine). The clearing will be performed only to the extent necessary to allow access for the construction equipment and the ground surface will not be grubbed or cleared of vegetation less than 4-in in height when possible. Any remaining vegetation will provide some soil stabilization during and after construction activities. In any case, clearing will not be performed outside of the right-of-way except for construction of access roads and staging areas approved by appropriate landowner. Stage 4: Installation of Storm Drainage System -Storm water BMPs are complete and storm drains and runoff diversions are installed as necessary. Erosion can continue to be moderate to high and storm water runoff volume continues to increase as disturbed areas become more compacted. Stage 5: Active Construction of Structures -Construction is at its peak. Moderate to high erosion rates can continue and storm water runoff volumes can approach maximum. The impact of high erosion rates can be significant if sediment control practices have not been maintained during previous stages of construction and are clogged or have inadequate capacity to control site storm water discharges. 2 The trenching will be performed with equipment such as wheel ditchers, backhoes, drag lines, rock plows or similar equipment. If required, blasting, sawing or pneumatic hammers may also be needed to break solid rock into removable pieces. In general, the trenching activities will be performed in accordance with standard engineering practice, as specified by Canyon specifications and any applicable regulations. The trenches will be excavated to sufficient depth to provide adequate cover and at least 6-in of padding between the outside of the pipe and the bottom or sides of the trench. The trenching operations will be timed so that the trench does not remain open for an extended period. The spoil bank from the trenching operations will be maintained free of foreign materials. Where present, the topsoil will be segregated from the subsoil for replacement later. Backfilling the trench will be performed using appropriate methods to minimize impacts to the right-of-way and to minimize soil disturbance. After compaction, any remaining backfill will be placed in the pipeline trench and spread on both sides of the pipeline trench. The backfill over the trench will be crowned to a height of not less than 8-inches and not more than 12-inches above the adjacent ground surface. Through rocky lands where livestock are confined, the backfill crown will be broken every 100 yards with a 20 foot wide gap. The gaps will be level with the surrounding ground. When backfilling on hillsides or sloping ground, furrows or terraces will be constructed across the pipeline trench to direct the flow of water into the natural drainages. Drainage ditches will be maintained and left unobstructed to prevent the 'ponding' of water against the spoil bank or backfi II crown. Stage 6: Site Stabilization -Disturbed areas are stabilized with vegetation, hydro mulch or other suitable non-erosive cover. Once all areas of the site are stabilized, temporary sediment control measures will be removed from the site, and sediment collected during the construction phase is removed (dredged) from permanent storm water control structures to restore design capacity, if necessary. Storm water runoff volume reaches post-development rates and may be less than the volume that occurred in Stage 5, due to areas of the site that are stabilized with vegetation. All disturbed areas will be reseeded and inspected per Section 6.0. 2.2 ESTIMATED DISTURBANCE AREA The approximate area of temporary disturbance for construction within the right-of-way is approximately 54 acres. Table 1 below describes the width, length and acreage of the right-of- way and temporary work spaces. Table 1 -Estimated Area of Disturbance Description Permanent Temporary Distance (Ft) Acreage Width (Ft) Width (ft) BLM 35 15 18,307 21.01 Clem 25 25 4,991 5.72 Battlement Mesa 25 25 2,587 9.35 Payton 25 25 8,145 9.34 Gardner 25 25 2,825 3.24 TBI 35 15 4,506 5.17 Totals 41,361 53.83 3 2.3 SOIL DATA The proposed project is located within Garfield County and along the Colorado River Valley located in western Colorado. The Colorado River valley varies in width frorn Y2 to 2 miles. Adjacent to the the river valley are well drained terraces The soils in this area consist mostly of Quaternary to Cretaceous aged alluvium which includes sandstone, siltstone, shale, basalt, limestone, conglomerate and coal. The Garfield County soil survey (May 1985) provides sorne detailed soil types of rnap units along with complex and association listings. These units consist of Bucklon- lnchau loams, lldefonso stony loarn, Potts loarn, Potts-lldefonso complex, Torriorthents- Carnborthids-Rock outcrop complex, Torriorthents-Rock outcrop complex and Villa Grove-Zoltay loams. The Bucklon-lnchau loams soils are typically found in moderately sloping to very steep ridges and mountains and are derived from sandstone and shale residuum and valley side alluvium frorn shale. These soils are moderately saline, slow in permeability well drained and have slow surface runoff. The lldefonso stony loam soils are typically found on mesa breaks and sides of valleys. They are derived from primarily basalt. These soils are moderately rapid permeability, well drained with moderate surface runoff. The Potts loam soils are typically found on mesas and plateaus and are well drained and derived from sandstone, shale and basalt. They are moderately permeable. The Potts-lldefonso complex soils are usually on rolling mesas and valley sides. They are derived from sandstone, shale and basalt, have moderately rapid permeability and medium surface runoff. The Torriorthents-Camborthids-Rock outcrop complex soils are derived from shale bedrock and exposed sandstone, have moderate permeability and medium surface runoff. The Torriorthents- Rock outcrop complex soils are derived from a combination of exposed sandstone and shale bedrock from basaltic alluvium, are moderately in permeability and medium surface runoff. Villa Grove-Zoltay loams soils are typically found in alluvial fans and moderately steep hillsides that are well drained. These soils are derived from basaltic mixed alluvium, have moderately slow permeability and rapid surface runoff. The soil types and their associated environmental parameters are listed in the following table. T bl 2 5 'I U 't a e 01 n1 san d F t E ac ors t dAI ncoun ere ong th p e ropose d p· I' 1peme Mapping Unit Slope and Shink Water Depth to Swell Erosion Erosion Hazard (Hydrologic Group),% of Project Bedrock Potention Potential Bucklon-lnchau loams 25-50% Moderate Moderate Severe (D-C), 35.5% 10-40" lldefonso stony loam 6-45% Low Moderate Severe (B), 42.8% of project 0-60'' Potts loam 1-12% Low to Low Slight (B), 5.5% of project 0-60'' Moderate Potts-lldefonso complex 3-45% Low to Low Slight to (B-B), 5% of project 0-60" Moderate Moderate T orriorthents-Camborthids-Rock 15-70% Not Moderate Moderate to (N/A), 9% of project N/A Available to High Severe T orriorthents-Rock outcrop complex 15-70% Not Moderate Moderate to (N/A), 14.5% of_project N/A Available to High Severe Villa Grove-Zoltay loams 15-30% Moderate Low Slight lB-Cj, 11% of_fll'oject 0-60" to High 4 The runoff coefficient values ("C values") is the percentage of precipitation volume that is not absorbed by the surface. The above soils have hydrologic factors ranging from B (moderate infiltration rates) through D (slow infiltration rates). Calculations reveal the runoff coefficient for the above soils range from 65.4% on the "D" soils, 60% on the "C" soils down to 25.4% on the "B" soils. Native vegetation in the area of the proposed pipeline project consist of Gambe\ oak, elk sedge, Indian ricegrass, wheatgrass, junegrass, serviceberry, bitterbrush, big sagebrush, needleandthread, bluegrass, a minimal overstory of pinyon and juniper with assorted bromes. 2.4 OTHER INDUSTRIAL DISCHARGES No discharges are associated with industrial activities other than construction for the proposed project. 2.5 RECEIVING WATERS The pipeline route does not cross any jurisdictional wetlands, open water expanses, or sensitive surface water bodies. The route crosses non-perennial reaches of Battlement Creek, Monument Creek, Stone Quarry Gulch and Dry Creek. The receiving drainage is the Colorado River. 2.6 APPLICABLE PERMITS AND CONSULTATION T bl 3 A I' bl P 't a e 'PPIICa e erm1 s Federal Permit or Notification Administering Agency Environmental Assessment Bureau of Land Management National Environmental Policy Act Glenwood Springs Resource Area Class Ill Cultural Resource Survey Bureau of Land Management Section 1 06 of the National Historical Glenwood Springs Resource Area Preservation Act Endangered Species Act, Section 7 Bureau of Land Management Consultation Glenwood Springs Resource Area Section 404 of the Clean Water Act Army Corps of Engineers NWP 12 Sacramento District Office State or Local Permit or Notification Administering Agency Section 401 of the Clean Water Act Army Corps of Engineers Sacramento District Office Storm Water Pollution Prevention Plan Colorado Department of Public Health Clean Water Act and Environment 3.0 CONTROLS BMPs will be used to minimize erosion and sediment transport during the construction activities associated with the proposed project (Appendix B, BMPs ). There will be at least one on-site environmental inspector (EJ) during construction. The El will be responsible for ensuring that appropriate erosion control measures are installed and maintained at drainage crossings and other outfall areas along the project. The El will maintain status reports and all appropriate 5 records for compliance with permit requirements imposed by federal, state, or local agencies. Records will include the dates when major grading activities occur; the dates when stabilization measures are initiated; and the dates when construction temporarily or permanently ceases on a portion of the site. The potential for erosion and sediment transport is greatest in areas where ground surfaces have been disturbed and soil is exposed to physical agents such as wind and water. In an effort to protect existing water quality, both temporary and permanent BMPs and other erosion control measures have been designed to minimize the effects of erosion caused by storm water runoff. In most cases, a combination of vegetative, structural, and storm water management practices are used to control erosion and transport of sediment. Typical control measure diagrams are included with this plan. Temporary measures to control sedimentation and erosion will be used and maintained during all phases of construction. Selection of appropriate erosion control materials will be selected based on soil properties, steepness of the slope, and anticipated surface flow or runoff. In general, silt fences will be the appropriate control measures to be used for sediment and erosion control during construction in the vicinity of drainage crossings or adjacent to roadways. As conditions require, other control measures such as straw bale barriers, rock check-dams, slope breakers, and sediment traps or basins may be considered. All necessary control measures will be maintained until the general permit is terminated. 3.1 EROSION AND SEDIMENT CONTROLS The on-site El will be responsible for ensuring that appropriate erosion and sediment control measures are installed and maintained at drainage crossings and other specific locations along the pipeline routes. During construction, temporary erosion-control measures, including silt fences, straw bale structures, slope breakers, diversion canals, and terraces will be employed as deemed necessary to reduce erosion and runoff from the ROW to adjacent areas. After backfill is in place, a pneumatic-tired vehicle will run down the trench line to consolidate and compact the materials. Topsoil will be replaced and excess rock will be removed from the surface. A crown may be left over the trench line to approximately 8 to 12 inches in height to allow for further settlement. Controls are generally designed to retain sediment on-site to the extent practicable. Sediment will be removed from the sediment traps when capacity is reduced to 50 percent of the original. There will be no off-site material storage areas, soil or overburden stockpiles, or borrow areas. The stockpiled topsoil or backfill materials will be stored within the construction ROW or within the temporary work space areas. Material storage areas will be located above the high water mark of drainages, outside of riparian zones, and not in areas where the material could be easily washed into drainages. Stockpiled topsoil or spoil will not be exposed near a stream channel or riparian area for more than 30 days. In the event there is stream flow within the drainages, flumes or dam and pump construction methods will be implemented to divert the stream flow so the construction zone is free of flow. 6 Trenching and backfill work within drainages will generally be completed within 48 hours, unless site-specific conditions make completion within 48 hours infeasible. Depending on the depth to groundwater or frequency and duration of storm events, the pipeline trench may fill with groundwater seepage or storm water runoff. Trenches will be dewatered as needed in such a manner that no heavily silt-laden water flows into drainages. The terrain will be re-contoured as close as possible to the original condition. After the pipelines have been installed, the ROW will be cleared of all rubbish and construction debris. This waste will be hauled to approved disposal sites. All surplus material will be removed from the ROW. Temporary culverts and bridges will be removed, and fences will be restored to the original condition. 3.2 STABILIZATION PRACTICES The on-site El will maintain all appropriate records including the dates when major grading activities occur; the dates when stabilization measures are initiated; and the dates when construction temporarily or permanently ceases on a portion of the site. These records will be dated, signed, and retained at the construction site. Stabilization measures will be initiated as soon as practicable, generally within 14 days after construction in that portion of the site has temporarily or permanently ceased, with the exception of seasonal arid conditions. Spoils from cuts will typically be used as backfill materials at the site of origin. Excess materials will not be placed in drainage ways or on steep, unstable slopes. An effort will be made to minimize the amount of the excess materials. Where excess backfill materials are generated, they will be spread on nearby project areas for reseeding or used in other excavation areas along the ROW as needed. Materials that are unsuitable for use as backfill and that are economically not usable for other purposes will be disposed of in accordance with local and county guidelines in available landfills. Vegetation or other debris will not be mixed with backfill or topsoil. After the trench has been backfilled, the entire ROW will be returned to natural contours where possible, and compacted sufficiently to minimize erosion or excessive future settlement. Natural drainage patterns will be restored and an effective vegetation stabilization technique, such as seed and erosion control fabric, will be employed where possible. In areas of potentially high erosion, more effective stabilization techniques will be employed, such as stone riprap. Recontouring to natural lines and grade will be accomplished without disruption to adjacent, undisturbed habitat. All restoration other than foot traffic will be limited to the ROW and other rnarked construction zones. All areas disturbed by construction will be restored and reseeded. A suggested seed mix is located in Appendix C. Damage to roadside drainage structures will be minimized by re- grading and reconstructing roads to drain properly. A road maintenance program for roads disturbed by the project will be conducted as per landowner agreement or jurisdictional agency directive. 7 A post-construction inspection of the pipeline will be conducted by monitoring personnel. The El will be responsible for ensuring that appropriate records are maintained, dated, signed, and retained at the construction site for major grading activities, when stabilization measures are initiated, and when construction ceases. 3.3 STRUCTURAL PRACTICES During construction, erosion-control structures, including water bars, diversion canals, and terraces, will be employed as deemed necessary to reduce erosion and runoff from the ROW to adjacent areas. Construction of temporary roads and bridges, temporary diversion of streams, stabilization of soil to support heavy equipment, and various other kinds of practices may be needed within the ROW. No perennial streams will be impacted on this project. Permanent slope breakers or terraces will be constructed across the ROW on sloping ground to prevent erosion. On steep grades, earth-filled sacks or stone riprap may be necessary to stabilize the ground surface. Stabilized construction entrances will be removed and the areas reseeded following agency requirements. 3.4 STORM WATER MANAGEMENT The project-related construction is scheduled during the dry season to minimize storm water effects during operations and to control pollutants in the storm water discharges. During construction, erosion-control structures, including silt fences, slope breakers, diversion canals, and terraces will be employed as deemed necessary to reduce erosion and runoff from the ROW to adjacent areas. In sloping terrain, trench breakers will be installed. Trench breakers are typically installed to slow the flow of water along the trench and may be constructed of sand bags or polyurethane foam. The on-site El will ensure that the appropriate erosion control measures have been implemented and that the required inspection records are dated, signed, and retained at the construction site. The project-specific restoration plan identifies specific measures to control pollutants in storm water discharges after construction has been completed. General categories discussed include recontouring, replacement of topsoil, soil stabilization, seedbed preparation, seeding, transplanting and monitoring. A post-construction inspection of the pipeline will be conducted by monitoring personnel. 3.5 OTHER CONTROLS The following control measures and good housekeeping practices will be implemented to prevent or minimize potentially polluting construction materials from contact with storm water: • Water sprinkling will be implemented for control of airborne dust along the construction ROW and on unpaved haul roads and other graded traffic routes. Topsoil and spoil storage piles will be sprayed, as needed, to minimize the effects of wind erosion and to reduce fugitive dust. Conditions will be monitored throughout construction and the ROW will be re-sprayed, as needed; • Regular disposal for garbage, rubbish, construction wastes, and sanitary waste will be maintained at all times during construction. Sanitary sewage facilities (portable 8 chemical toilets) will be provided at all work locations. Sanitary waste will be collected and removed for disposal at an appropriate licensed sewage disposal facility. No sewage will be buried, dumped or discharged to waters of the U.S. or state; • Storage areas that are protected from storm water runoff will be provided for chemicals, paints, solvents, fuel, lubricating oils, and other potentially toxic or hazardous materials; • All hazardous materials or products will be properly contained and disposed of in accordance with applicable laws, rules, and regulations. No wastes of imported materials will be buried, dumped or discharged to waters of the U.S. or state; • Equipment will not be refueled or lubricated within 100 feet of any waterway or wetland. Chemicals, paints, solvents, fuel, lubricating oils, and other potentially toxic or hazardous materials will not be stored within 100 feet of waterways or wetlands; • Any spills of liquid or dry materials that have occurred will be promptly cleaned up. Spills of toxic or hazardous material will be reported to the appropriate state or local government agency; • If any measurable quantity of sediment is discharged from the ROW as a result of structural failure or lack of designed capacity of temporary erosion control measures, the sediment will be cleaned up as soon a practicable and replaced on the ROW or properly disposed of in a manner approved by the general permit; • Gravel/stone ramps will be installed at access points to public roadways to prevent or minimize tracking of mud, dirt, sediment, or similar materials onto the roadway. Deposits that have been tracked by vehicles or have been transported off the ROW by wind or storm water will be promptly cleaned up; • Construction equipment and vehicles will be inspected for leaks, and necessary repairs will be made before returning the equipment to service. All equipment will be cleaned and inspected and no leaking equipment will be allowed within the waterway; and • Wash-down areas protected from storm water runoff will be provided for construction equipment and vehicle cleanup. Hazardous materials and petroleum products to be used in construction of the pipeline are limited to fuel for construction equipment and vehicles as well as small quantities of paints and solvents. A plan has been developed by CANYON in the event that a previously unreported or unanticipated hazardous waste or contaminated site is discovered during construction. 4.0 APPROVED STATE AND LOCAL PLANS This plan is consistent with the requirements specified in applicable sediment and erosion plans or permits approved by state or local agencies. This plan will be updated as necessary to remain consistent with any changes applicable to protection of surface water resources in site 9 plans or permits approved by state or local agencies for which the permittee has received written notice. 5.0 MAINTENANCE The subcontractor awarded construction will be responsible for the implementation and maintenance of this plan. Canyon's designated El will be responsible for ensuring that the construction subcontractor is in compliance with this plan. Maintenance of erosion control measures will be performed on an as-needed basis based on the results of inspections conducted at the site. All erosion and sediment controls and other protective measures identified in this plan will be maintained in effective operating condition. If site inspections indicate that BMPs are not operating effectively, maintenance will be performed promptly, before the next anticipated storm event, to maintain continued effectiveness of storm water controls. 6.0 INSPECTIONS During construction, qualified personnel (provided by the permittee) will inspect disturbed areas, structural control measures, and locations where vehicles access the ROW at least once every 7 calendar days and within 24 hours of any precipitation or snow melt event that exceeds 0.5 inches. During stormy periods or periods of snow melt when runoff occurs daily, all erosion control facilities will be inspected by or under the direction of the permittee daily. Storm water runoff discharges will be visually monitored at the above frequency to evaluate the effectiveness of the pollution control facilities or practices. If any measurable quantities of sediment are leaving the property, corrective action to minimize the discharge of sediments will be taken within 24 hours of discovery or as soon as weather or ground surface conditions will allow. An inspection report will be immediately prepared and signed by the El following each inspection and will be certified in accordance with the Storm Water General Discharge Permit. Copies of the inspection reports will be retained at the construction site, except when the project is shut down for the season. During seasonal shutdown, copies of the inspection reports will be retained at the permittee's off-site office. A copy of the inspection form is located in Appendix D. An "Incidence of Noncompliance" report will be completed by the El for any violation of the storm water pollution prevention plan observed during any inspection conducted. The reports will include information on the cause on noncompliance, the corrective action taken to prevent further causes of noncompliance, and a statement detailing any environmental impact that may have resulted from the noncompliance. After final stabilization of the construction project and it has been determined by the El the project area has regained 70% of the background cover, a Notice of Termination (NOT) can be filed for the NPDES permit. A NOT is included in Appendix E. Copies of all records and information resulting from monitoring activities required by this permit will be retained by Canyon for a minimum of 3 years. 10 7.0 NON-STORM WATER DISCHARGES The project will require hydrostatic testing after the pipeline segment is installed to assess integrity. Trench dewatering may also be necessary from contact with groundwater or from storm events. 7.1 HYDROSTATIC TESTING Pipeline facilities are to be tested for integrity with a pneumatic test. No test water is needed for this test. If hydrostatic test water were to be used for this pipeline, and the water is discharged onto the ground, the test water will be filtered through a straw bale structure or a similar devise to dissipate hydraulic energy, minimize erosion, and remove some sediment. No additives such as drying agents, rust inhibitors, or other chemicals will be added to the test water. Canyon will obtain a permit from the CDPHE for hydrostatic test discharge and will adhere to all regulations. 7.2 TRENCH DEWATERING The pipeline will be lowered into a trench that is free of standing water. In the event that groundwater or storm water is encountered during construction within the ROW of the two pipeline segments, dewatering of the excavated areas or trenches will be required. Portable water pumps will typically be used at various locations along the ROW as needed for dewatering. Where water is pumped from the trench, it will be disposed of in such a manner to avoid flooding and erosion of land both on and off the ROW. Dewatering structures will be placed at the discharge point to control scour and associated runoff sedimentation. Trench dewatering discharges will be infrequent, if any, and will be discharged in the same manner as was previously described for hydrostatic test water discharges. Because the source of the trench water will be groundwater or storm water, the water quality is likely to be comparable to the groundwater at the site, with the addition of sediments from the project- related ground disturbances. II STORM WATER POLLUTION PREVENTION PLAN CERTIFICATION Canyon Gas Resources, Inc 7400 E Orchard Rd, Suite 270 Englewood, CO 80111 Office: 303-222-6204 Fax: 303-222-6206 CERTIFICATION STATEMENT "I certify under penalty of the law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. I also confirm that a storm water pollution prevention plan (SWPPP) has been completed, will be maintained at the project site from the start of construction activities, and that the SWPPP will be compliant with any applicable local sediment and erosion control plans. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines for knowing violations." PETERS . Canyon Gas Resources, Inc 7400 E Orchard Rd, Suite 270 Englewood, CO 80111 1 DatJ I 2 CONTRACTOR'S CERTIFICATION Canyon Gas Resources, Inc 7400 E Orchard Rd, Suite 270 Englewood, CO 80111 CONTRACTOR CERTIFICATION STATEMENT "I certify under penalty of the law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) General Permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification." Contractor (Name, Title and Company): Date Subcontractor (Name, Title and Company): Date Subcontractor (Name, Title and Company): Date Subcontractor (Name, Title and Company): Date \] APPENDIX A I Location Map .. Gas Line Exhibit Phase Two Canyon Gas Resources) Inc. Situate in Sections 10, 11, 14, 15, 16,20,21,29,30 and 31, Township 7 South, Range 95 West and Section 36, Township 7 South, Range 96 West ofthe Sixth P.M. County of Garfield, State ofColoradoi-. --~!:Zr!:~~-li---l h .~ ---·--··-··-·· .;/ # ,/oo•' ,:; " .I lP 1.4' I ! ! ! ! ! • • ' ' • • u cRse!{ ~ El.Utingfllblic ~--, S.Mce co.lirW ·. I ,f'o#- <9' # r/.J> \ ~.f LEGEND EtistingPowerlirw -01:-CE-CE- ~d8'Gtulirw -··-------------------------·- GRAPWC SCALE ~~-~-~-~·-zr~r--~r~~~~r ( II 1111' ) I_.. • IOOOtL LAST REVISION 10/30/02 APPENDIXB I Best Management Practices ·-.. STOR.v!W A TER POLLUTION PREVENTION PLAN EXHIBIT B PROBABLE BMP STRUCTURES Section 36, T7S-R96W ,. ····.-·--:"" ---·--c---··· ··-'·· .,. I PROPOSED SILT FENCE l r . · .•.. ~ ~~~ ,wr,.. STOR.t\1WATER POLLUTION PREVENTION PLAN EXHIBIT B PROBABLE BMP STRUCTURES Section 31, T7S-R95W .-' .. ,..I .• --"> STORMW ATER POLLUTION PREVENTION PLAN EXHIBITB PROBABLE BMP STRUCTURES Section 30, T7S-R95W ..... ---- -.-. ""', . ..., _____ ......_ lr-:;~~-.. l PROPOSED SILT FENCE ) ... """' r t \_ .r,~ . .---.>·-· ~ I PROPOSED SILT FENCE I STOR!\i!W A TER POLLUTION PREVENTION PLAN EXHIBITB PROBABLE BMP STRUCTURES Section 29, T7S-R95W .i --'··.·- --· SROUJ'B STORMW ATER POLLUTION PREVENTION PLAN EXHIBITB PROBABLEBMPSTRUCTURES Section 20, T7S-R95W · .. ll ', ' '• r..-...... . . ·.~l • . ·.,.: .... -. -.. ' ·' ' -, ,• /' -~.:· . .:.1._ • . f \ STOR.J.'v!W ATER POLLUTION PREVENTION PLAN EXHIBITB PROBABLE BMP STRUCTURES Section 16, T7S-R95W .. , ' I • ,I ' •' (.~ ' \ ,_, ,..--. . . . ..... -., ~. ~ I .:· __ :-...··: .'"·{· . . ·./ .. · ·~ .:: ;.·">· ' .. :.··': ", •' ·I'' ' ' ' i '' ,. ,· • ·.' ··' l I ./ • ' 1 STORMWATER POLLUTION PREVENTION PLAN EXHIBIT B PROBABLE BMP STRUCTURES Section 15, T7S-R95W 'o·· ,, 1 ·'' •· ·~.· •. ~. :_-..,-.... • .· ,. ,. ... "-\. -•.. ·· ·~ ... ,: ' . . ·...... ~ . • l .. ~ . ·.. , •. ;; g'::>.Q ·, ..a: -....... . =--'-::" ---. · .. ... -. ... . r ·.:· . . ... ·-·. c!PR ·· -~·+· .-""-··-·. :: .. :.:~ '.. :-.->._ ... , ... ' .......... .. ' \ ' '"'-'-.._ i. ...... STORMW ATER POLLUTION PREVENTION PLAN EXHIBITB PROBABLE BMP STRUCTURES Section 14. T7S-R95W .. · .weu 11-48 · Proposed - / ' --.. ~-· .. -. ., NOTES: FIELD 2 LAYERS 3/16" THK. ROCKSHIELD ON TOP 1/3 OF PIPE DETERMINE SECTION "B-B' AVG. SLOPE (') SPACING (S) LESS THAN 10' NONE 10'-15' 500' 15' -20' 300' 20'-30' 150' ~REA TER THAN 30' NOTE #1 12" SECTION "A-A" 1. FOR SLOPES GREATER THAN 30', USE SPACING SHOWN ON ALIGNMENT SHEETS OR INDIVIDUAL DESIGN DRA'MNGS. 2. BREAKERS SHALL BE INSTALLED AT SHARP CHANGES OF SLOPE ( €5') ALONG TlRENCHLINE AND AT LOCATIONS 'MHERE THE NATURAL DRAINAGE PA ffiRNS, PROFILE OR BACKFILL MATERIAL 'MUL CAUSE THE TlRENCH TO ACT AS A DRAIN. SLOPE €5'), 3. BREAK~R SPACING TO BE MEASURED ALONG TlRENCH BOTIOM AND RECALCULATED FOR DISTINCT CHANGES IN AVERAGE 4. BREAK R SHALL BE FORMED USING ONE CUBIC FOOT, ONCE USED BURLAP SACKS HALF FILLED 'MTH ROCK FJREE EARTH. 5. TRENCH AND BACKFILL REQUIREMENTS SHALL BE PER DRA'MNG DG 4.3.7. 6. PAYMENT FOR BREAKERS IN TlRENCH (OTHER THAN AT CANAL CREEK OR RIVER CROSSINGS) SHALL BE BY UNIT BREAKER PRICE. 7. OWNER MAY SPECIFY POLYURETHANE FOAM BREAKERS IN LIEU OF EARTH FILL SACK BREAKERS. PAYMENT SHALL BE IN ACCORDANCE 'MTH CONTRACT UNIT PRICE PER BREAKER. TRENCH BREAKER DATE llRA\toN: 3/31/99 Fll£ NAII8 PR!PARED BY TRIGONCS1k'1; I :1::1; M~l ENGINEERS & CONSTRUCTORS TRCHBKR llRAIIN B~ JKR ..--.... (/") 0::: <{ m 0::: ... w I- <{ s <( '-----"' A " :.! (/") _j w z z <{ I u 0::: V1 "' CD 0 "' ,_ I-3: Q_ <( "' w " "' z u "' 0::: 0 ~ w u I-" z "' ~ v?lii~~/N "' EXISTING STABLE VEGETATION I-z 0 OR STAKED STRAW BALES OR -'-1JIIA~W z u SILT FENCE, PLACED PARALLEL "'~ w ! ... TO CONTOUR. (I'IHERE SPEC/f"IED) .IJ!I/AfuW z i!i !~ .v .... -"' ~ <{ I" < •v ........... -ROCK OUTLET 0 ........... 2 fiW'lP."" ARMORING 0::: c::.~ NOTE: (I'IHERE SPECif"IED} w -z 1. ROCK ARMOR SHOULD SERVE TO DISSIPATE FLOW Q_ a:;; BUT NOT BLOCK FLOW "' ... ~ 2) CLEAN OUTLET ARMOR OF SEDIMENT TO PREVENT '*#t'i*"" u >-LOSS OF FUNCTION. --' "' --, 0 " ~ "' a. ! r i!i COMPACTED FILL CROSS-SECTION CLIENT ~ ENDS OF SEDIMENT BARRIERS TURNED UPSLOPE * *.;::.... - SCALE: NONE RE~~OO DATE: >N~' '"-~' eo<::i'- ~~ :...¥ - * ...... .-... --.. "" "'"' ... - * ':""'" ---t..~~ DE5mPnOO - * ....... METAL OR WOOOEN---+- POST OR STAKE ATTACH FABRIC TO POST OR STAKE \IHH TIE 111RES OR STAPLES. FILTER FABRIC SILT FENCE DEl AIL SILT FENCE DRAYtl BY: JLC DATE IJRAYtl: 7/21/00 FILE NAME: ASIL TFNC REV: A PREPARED BY TRIGONe~; I :1:1; r~J ~I ENGINEERS & CONSTRUCTORS CL£NT SCALE: NA SIEe.J.EXCAVATE THE TRENCH ~ BACKFILL AND COMPACT THE EXCAVATED SOIL "& COMPACTED SOIL TO PREVENT PIPING (ANCHOR 2"X2"X36" STAKES SIEf...Z. PLACE AND STAKE STRAW BALES. !illE.J. WEDGE LOOSE STRAW BETWEEN BALES. BINDING WIRE OR TWINE SEDIMENT LADEN RUNOFF--~ rFIL TEREO RUNOFf CROSS SECTION A-A DESO!IPllll< STRAW BALE BARRIERS RE•SOO DATE: ORA'"' BY: JLC DATE DRAIN: 7/21 /00 ra.E NAI<E: ASTRI'IIll REV: A PREPARED BY TRIGONC%,; 1:11 :J!l~l ENGINEERS & CONSTRUCTORS TYPICAL DEWATERING STRUCTURE DG 4.3.30 L ' w I STEP 1: ARRANGE STRAW BALES ON LEVEL GROUND TIGHTLY PACKED AS SHOWN. STEP 2: INSTALL ANOTHER LAYER OF STRAW BALES ON TlHE OUTER EDGE AS SHOWN. STEP 3: INSTALL SILT FENCE ALL AROUND STRUCTURE AS SHOWN. STEP 4: INSTALL ANOTHER LAYER OF STRAW BALES ON THE OUTSIDE OF SILT FENCE AND SECURE BY DRIVING STAKES TlHROUGH EACH LAYER OF THE BALES. O£SCRIP~ON ISSUED FOR DESIGN ENGINEERS & CONSTRUCTORS CHECKED DATE APPRO\£D DOCU~ENT IIJIIBER ESIGN GUIDE 4.3.3 DATE 0 APPENDIXC I Inspection Form REPORT FORM FOR STORM WATER CONTROL INSPECTIONS Facility Name: ________________ _ Date:. _______________ ___ For each measure described in the Storm Water Prevention Plan, describe the observed status of implementation of the measure, including those measures completed, in progress, or not begun, and the degree of compliance with the Storm Water Prevention Plan. Describe actions taken to remedy any measures that were not in compliance with the Storm Water Prevention Plan. Signature: ______________ _ Name of Inspector: ________________________ _ Qualifications of Inspector: If no incidents of non-compliance were noted, indicate by signing below the facility is in compliance with the Storm Water Prevention Plan and the General Permit. Signature: _______________________ _ APPENDIXD I Inactivation Notice .- Colorado Department of Public Health & Environment Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 FOR AGENCY USE ONLY REC EFF ________ _ YEAR MONTH DAY INACTIVATION NOTICE FOR CONSTRUCTION STORMW ATER DISCHARGE GENERAL PERMIT CERTIFICATION Please print or type, Form must be filled out completely. Certification Number: COR-03 ___________ Taxpayer ID or EIN ------- Permittee (Company) Name: CANYON GAS RESOURCES. INC. Permittee Address: 7400 EAST ORCHARD ROAD. STE. 270 ENGLEWOOD, CO 80 Ill Phone No. (303) 222-6204 Site/Facility Name: SOUTH PARACHUTE PIPELINE PROJECT Construction Site Address/Location: N/ A County: GARFIELD, CO Contact Person: BRIAN PETERS Summary of work performed and description of final site stabilization: ------------ I certify under penalty of law that by the date of my signature below, all disturbed soils at the identified construction site have been finally stabilized; all temporary erosion and sediment control measures have been removed; all construction and equipment maintenance wastes have been disposed of properly; and all elements of the Stormwater Management Plan have been completed. I understand that by submitting this notice of inactivation, I am no longer authorized to discharge stonnwater associated with construction activity by the general permit. I understand that discharging pollutants in stonnwater associated with construction activities to the waters of the State of Colorado, where such discharges are not authorized by a CDPS permit, is unlawful under the Colorado Water Quality Control Act and the Clean Water Act. I certify under penalty of law that I have personally examined and am familiar with the information submitted herein, and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. (See 18 U.S.C 1001 and 33 U.S.C. 1319.) Signature of Permit Applicant (Legally Responsible Party) BRIAN PETERS Name (printed) 9/97/cnlin Date Signed Title Western Colorado Regulatory omoe J. l. Obourn, Jr. & Co. June 26, 2002 Mr. Mark Gilfillan U.S. Army Corps of Engineers 402 Rood Ave. Room 142 Grand Junction, Colorado 81501 Re: Bentley Pipeline Phases I & II T7S,R95W Section I T7S, R95W Sections 8, 15 & 30 Garfield County, Colorado Dear Mark: Canyon Gas Resources, Inc. proposes to install an 8 5/8"( outside diameter) buried pipeline across lands in Township 7 South, Ranges 94 and 95 West (see attached map). Upon completion, the Bentley line will provide needed low pressure in an area serviced by a high- pressure Public Service Company line that is operating near capacity. The line will be constructed in two phases, each approximately six miles in length, following existing roads, utility lines and pipelines. Phase I crosses Cottonwood Creek and Cache Creek as indicated on the enclosed map, and Phase II crosses Dry Creek and Battlement Creek. A visual inspection of these drainages last week indicated intermittent/seasonal water flow. Canyon proposes to bury the pipeline through the creek crossing, replacing the soil that is unearthed. In accordance with regulations for crossing permits, I believe Canyon's crossing of these creeks is covered under Nationwide Permit 12. Further, as Nationwide Permit 12 subsections a-d do not appear to apply in this instance, the filing of additional documentation does not appear required. Should you find differently, please advise and the necessary paperwork will be submitted. Should you any questions, please do not hesitate to call me at my Littleton office. L. Oboum, Jr. Authorized Representative 2773 West Long Drive, #B • Littleton, CO 80120 13031 734·8870 • (303) 734-8980 Fax (3031 810-2312 Cell E-mail: jlobournjr@msn.com P.O. Box 1144 • Edwards, CO 81632 (970) 926-6608 -2- We have assigned number 200275328 to your project. Please refer to this number in any correspondence with this office. If you have any questions, please contact Nathan Green of this office at telephone number (970) 243-1199, extension 12 or the address below. Enclosures Copy Furnished: ~~ Chief, Colorado/Gunnison Basin Regulatory Office 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 ~ MA:f/< CtLFrtLI4f..J '/70 • EX-T IS"_ Mr. Mark Bean, Garfield County, 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 TRIGON ";'1: I =I =I: ~,~1 ENGINEERS & CONSTRUCTORS August 27. 2003 Mr. Mark Gilfillan U.S. Army Corps of Engineers 402 Rood Ave., Room 142 Grand Junction, CO 81501 Your Pipeline To The Future Re: Canyon Gas Resources. Inc.'s (CGR) South Parachute Pipeline (formerly Bentley Phase II) Dear Mark. Canyon Gas Resources, Inc. has retained the services of Trigon-Sheehan, LLC to complete the permit process for the South Parachute Pipeline Project-formerly known and permitted under the name Bentley Phase II. J.L. Obourn, Jr. & Co. had written to you on June 26, 2002 on behalf of Canyon Gas Resources notifying you of CGR's proposed installation of an 8" natural gas pipeline. Bentley Phase I was completed; however Bentley Phase II was put on hold and is now to be constructed near the end of 2003 or during Spring and Summer of 2004. I recently met with Ken Jacobson from your office and showed him the proposed route for the South Parachute pipeline. Since there has been a re-route since last year, Ken suggested that I write another letter notifying you that the project was now going ahead, supply a new map with the revised route, and add several gulches that were not included in the original notification. The proposed pipeline will be an 8" low pressure natural gas line that will provide needed capacity in an area serviced by a high-pressure Xcel (Public Service Co.) pipeline that is operating at near capacity. The pipeline will located in Township 7 South, Range 95 & 96 West (see attached map with lats & longs) in the Rulison and .-arachute Quadrangles. The length of the line will be approximately 8 miles and crosses Battlement Creek, Monument Gulch (3 times), Stone Quarry Gulch, Dry Creek and several unnamed ephemeral drainages. CGR proposes to bury the pipeline through the creek crossings, replacing the soil that is unearthed. I believe CGR's crossings are covered under Nationwide Permit 12. Further, as Nationwide Permit 12 subsections a-d do not appear to apply in this instance, the filing of additional documentation does not appear required. Should you find differently, please advise and the necessary paperwork will be submitted. Applicant: Canyon Gas Resources, Inc. 7400 E. Orchard Road, Suite 270 Englewood, CO 80111 Attn: Brian Peters-Engineering Manager Please call me if you have any questions or need additional documentation. Sincerely, :,:1,~f:r- As agent for Canyon Gas Resources, Inc. 126 Rock Point Drive, Suite B -Tango, CO 81301 •. 0-385-9100 X 30 T U L S ~ • DURANGO 150 Rock 9 oint ,'Jn•,<:: .S:J:tr:: C). :Jv2.ngo, CO 8~301. 970i24/.9 1·)5 • :::ax 9701247-93C3 • ·.-•ww.trigcn-sneehan.::::om REPLY TO AnENTION OF DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 July 16, 2002 Reguiatory Branch (200275328) Mr. John Obourn, Jr. J.L. Obourn, Jr. & Company 2773 West Long Drive Littleton, Colorado 80120 Dear Mr. Obourn: We are responding to your request for a Department of the Army permit to cross three drainages with the Bentley Pipeline. The project is located at Dry, Cottonwood, and Battlement Creeks, near the Town of Parachute within Sections 1, 8, 15, and 30, Township 7 South, Range 95 West, Garfield County, Colorado. The Chief of Engineers has issued nationwide general permit number 12 which authorizes the discharge of dredged or fill material in waters of the United States for utility crossings. We have determined that your project will not affect threatened or endangered species protected by the Endangered Species Act. Your project can be constructed under this authority provided the work meets the conditions listed on the enclosed information sheets and the following Special Conditions: 1) All work must be done "in the dry". 2) You must supply this office with before and after photos upon completion of the project. You must send a signed letter of certification to the Corps of En.gilleers v;i thin 3 0 days o fter compl~ticn cf the ·.qork (see general condition number 14). A copy of the certification statement is included for your use. This verification is valid until July 16, 2004. If you have not completed your project by that time, you should contact the Corps of Engineers to obtain information on any changes which may have occurred to the nationwide permits. You are responsible for remaining informed of such changes and for ensuring that all contractors and construction personnel are familiar with the terms and conditions of this permit. COMPLIANCE CERTIFICATION Permit File Number: 200275328 Permit Type' NATIONWIDE 12 Name of Permittee: J.L. Obourn, Jr. & Company 2773 West Long Drive, #B Littleton, Colorado 80120 County Where Work was Performed: Garfield Date of Issuance: July 16, 2002 Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: Colorado/Gunnison Basin Regulatory Office U.S. Army Corps of Engineers, Sacramento District Wayne N. Aspinall Federal Building 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Please note that your permitted activity is subject to· a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of the permit your authorization may be suspended, modified, or revoked. If you have any questions about this certification, please contact the Corps of Engineers office in Grand Junction, telephone number (970) 243-1199, extension 14. ********* I hereby certify that the work authorized by the above-referenced permit, including all the required mitigation, was completed in accordance with the terms and conditions of the permit verification. Signature of Permittee Date m Nationwide Permit Regional u.s. Army Corps Conditions in Colorado of Engineers Albuquerque District REGIONAL CONDITIONS TO NATIONWIDE PERMITS IN THE STATE OF COLORADO Effective Dale: June 21, 2001 . ~ional Conditions Applicable to Specific Nationwide Permits Within Colorado 1. The following statewide regional conditions (a. lhru f.) and revocation (g) apply in Colorado: a. Nationwide Permit No. 13 Bank Stabilization. In Colorado, bank stabilization activities necessary for erosion prevention in streams that average less than 20 feel in width (measured between lt1e ordinary high water marks) are limited Ia the placement of no more than 1/4 cubic yard of material per running foot below the plane of the ordinary high water mark. Activities greater than 1/4 cubic yard per running foot may be authorized if the permillee notifies the District Engineer in accordance with the General Condition 13 (Notification) and the Corps determines the adverse environmental effects are minimal. gional Conditions Applicable to All Nationwide Permits Within Colorado b. Removal of Temporary Fills. General Condition No. 24 (Removal of Temporary Fills) is amended by adding I he following: When temporary fills are placed in wellands in Colorado, a horizontal marker (i.e., fabric, certified weed-free straw, etc.) must be used to delineate the existing ground elevation of wellands !hal will be temporarily filled during construction. c. Important Spawning Areas: General Condition No. 20 (Spawning Areas) is amended by adding the following: In Colorado, activities which: (a) would destroy important spawning areas: (b) would be conducted in these waters during spawning seasons for trout and kokanee .. man (spawning season for rainbow and cullhroal trout is from Marc lr Jh July 15, and for brown and brook trout and kokanee salmon is l'flm Sep,ember 15 through March 15): or (c) would have greater than minir release of sediments during these spawning seasons are not authorized oy any nationwide permit. Bio-engineering techniques, such as native riparian shrub plantings are required for all bank protection activities !hal exceed 50 linear feet in important spawning areas. Important spawning areas are identified in the allached list of critical resource waters in Colorado. Regional Conditions for Revocations Specific to Certain Geographic Areas d. Fens: In Colorado, nationwide permits No.1, 2, 4, 6·11, 13·19, 21-26, 28-31, 33-36, 39-44 are revoked for activities in these regionally important aquatic resources. Fens are derined as wetlands which me characterized by water logged spongy ground and contain (in all or part) soils classified as histosols" or mineral soils wilh a histic epipedon". To determine whether this provision applies, the enlire wetland must be examined for the presence of histosols or histic epipedons. "Histosols have 40 centimeters ( 16 inches) or more of I he upper 80 centimeters (32 inches) as organic soil material (or less over bedrock). Organic soil material has an organic carbon content (by weight) of 12 to 18 percent, or more, depending on the clay content of the soil. His tic epipedons have a 20 lo 60 centimeter-thick (B-24 inches) or9anic soil horizon that is at or near the surface of CJ mineral soil. llistosols and !listie epipedons are widely recognized as organic soils formed by slow accumulation of plant debris in waterlogged situations where il cannot decompose. (More information on histosols can be obtained from the U.S. Department of Agriculture, Natural Resources Conservation Service publications on Keys lo Soil Taxonomy and Field Indicators of Hydric Soils in lhe United States). e. Springs: Within the State of Colorado, all NWPs are revoked within 100 feet of the water source of natural springs. A spring source is defined as any location where ground water emanates from a point in the ground. For purposes of this regional condition, springs do not include seeps or other discharges which do not have a defined channel. f. Boulder County, Colorado, all NWPs are revoked wrthin the area known as the Sombrero Marsh. Tl1is determination includes all new or revised nationwide rermits. g. Central City and Black Hawk: lly !Iris notice lire Omaha District, Nationwide ? ....... ,Jt Reoional Conditions in Colorado June 21,2001 Enclosure 1 CRITICAL RESOURCE WATERS IN COLORADO In accordance with General Condition No. 25 (Designated Critical Resource Waters) the following waters within the Slate of Colorado are designated as critical resource waters: a. Oulslanding Natural Resource Waters Cache La Poudre Basin: All tributaries Ia lhe Cache La Poudre River System. Including all lakes and reservoirs, which are within Rocky Mountain National Park; Laramie River: All tributaries to the Laramie River system. Including all lakes and reservoirs, which are in the Rawah Wilderness Area: North Fork of the Gunnison River: All tributaries to the North Fork of the Gunnison River system. Including all lakes and reservoirs, which are in the West Elk and Raggeds Wilderness Areas; North Platte River: All tributaries to the North Platte River and Encampment Rivers. Including all lakes and reservoirs, which are in lhe Mount Zirkle Wilderness Area; San Miguel River: All streams, lakes, reservoirs, and wetlands within the boundaries of the Lizard Head and Mount Sneffels Wilderness Areas; Roaring Fork River: All tributaries to the Roaring Fork River c. =m. Including all lakes and reservoirs within the Maroon Bells/Snowmass Wilderness Area; Uncompahgre River: All tributaries to the Uncompahgre River. Including all wetlands, lakes, and reservoirs, which are within the Mt. Sneffels and Big Blue Wilderness Areas; Upper Arkansas River Basin: All streams, wetlands, lakes, and reservoirs within the Mount Massive and Collegiate Peaks Wilderness Area; Upper Colorado River: Mainstem of the Colorado River. Including all tributaries, lakes, reservoirs with the Rocky Mountain Nation Park, or 3 which flow into Rocky Mountain National Park; Upper Gunnison River Basin: All tributaries, including lakes, reservoirs, and wetlands within the La Garita Wilderness Area. All tributaries to the Gunnison River, including lakes, reservoirs, and wellands within the West Elk, Collegiate Peaks, Maroon Bells, Raggeds, Fossil Ridge, Oh-be-Joyful, and Big Blue Wilderness Areas; White River: Trapper's Lake. Including all tributaries to Trapper's Lake; Yampa River: All tributaries to the Yampa River. Including lakes and reservoirs, which are within the Zirkle Wilderness Area b. Important Spawning Areas: In Colorado, important spawning waters are defined as "Wild Trout Waters" as identified by the Slate of Colorado. Wild Trout Waters are listed in the Colorado Fishing Season Information brochure, on the Colorado Division of Natural Resources website at www.dnr.state.co.us, or a list can be obtained from any Corps office in Colorado. Wild Trout Waters include parts of the: Cache La Poudre, Cascade Creek, Cocketopa Creek, Conejos River, Eats River, Emerald Lake, Gunnison River, Lake Fork of the Conejos, Laramie River, Los Pinos Creek, Middle Fork of the South Platte River, North Platte River, North St. Vrain Creek, Osier Creek, Roaring Fork River, South Platte River, Tarryatt Creek and Trappers Lake. US Arrny Corps of rnyinr.ers Sacr<Hnento District Nationwide Permit Summary 33 CFR Part 330; Issuance of Nationwide Permits-January 15,2002 I~. l'tility Line Activities. Activities required for the e<.mstruction. maintenance and repair of utility lines and asscc:atcd faciliUes in waters or the US as follows: 0) Utility tines: The construcUort maintenance, or repair of utility lines. including outfall and intake structures and tllC associated excavaUon. backfill, or bedding for the uUlity lines, in all waters of the US, provided tl1ere is no change in prcconstruction contours. A "utility line" is deftned as any prpc or pipeline for U1e tmnsportation or any gaseous, liquid. liquescent, or slurry substance, [or any purpose, and any cable. line, or wire for the transmission for any purpose of electrical energy, telephone, and telegraph mes_sages, and radio and television conununicaUon (see Note 1, below). tv!aterial resu!Ung from trench excavaUon may be temporarily sidecast (up to Uuee montl1s) into waters of tl1e US, provided U1at tl1e material is not placed in such a manner U1at it is clispersed by currents or oU1er forces. TI1e 'istrict Engineer may e~1end ilie period of temporary side :asting not to exceed a total of !80 days, where appropriate. ln wetlands. tl1e top 6" to 12" of tl1e trench should normallv be backfilled witl1 topsoil from tl1e trench. Fmthennore, the trench cannot be constructed in such a manner as to drain waters of the US (e.g., backfilling witl1 extensive gravel layers. creating a french drain effect). For example, utility line trenches can be backfilled with clav blocks to ensure that Ore trench does not drain the water; of the US tluough which U1e utility line is installed. Any exposed slopes and stream banks must be stabilized immediately upon completion of tl1e uutity line crossing of each waterbody. (ii) Utility line substations: TI1e construction. maintenance, or expansion of a substation facilitY associated with a power line or utility line in non-tidal wate-rs of ilie US. excluding non-tidal wetlands adjacent to tidal waters. provided U1e activ1ty does not result in tl1e loss of greater U1an 'h-acre of non-tidal waters of the US. (iii) Foundations for overhead utility line towers, poles, and anchors: TI1e construction or maintenance of foundations for overhead utility line towers, poles. and anchors in all waters of the US. provided U1e foundations are Lhc minimum size necessary and separate footings for each tower leg (rntl1er tl1an a larger single pad) are used where feasible. (iv) Access roads: TI1e construcUon of access roads for tl1e construcUon and maintenance of utility lines, including overhead power lines and utility line substations, in non-Udal waters of ilie US, excluding non-Udal wetlands adjacent to tidal waters, provided tl1e clischarges do not ' cause tl1e loss of~ ..• ter ilian Y,-acre of non-tidal waters of tl1e US. Access roads shall be U1e minimum widtl1 necessary (see Note 2, below). Access roads must be constructed so tl1at tl1e lengtl1 of tl1e road minimizes tl1e adverse effects on waters of the VS and as near as possible to prcconstruclion contours and elevations (e.g., at grade corduroy roads or geotcxtilc/gra\·e! roads). Access roads constructed above preconstruct ion contours and elevations in waters of tl1e US must be properly bridged or cuh·erted to maintain surface Oows. The term "utility line" does not include acti\'ities \Vhich drain a water of tl1c US. such as drainage Ute or french drains· however. it docs apply to pipes com·eying dr~inage from anoU1er area. For U1c purposes of litis NWP, tl1e loss of waters of U1e US includes tl1e filled area plus waters of Ute US tlwt arc adversely affected by flooding, excavaUon, or drainage as a result of lie- project. ActiviUes autl10rized by paragraph (i) tluough (iv) may not exceed a total of !/,-acre loss of waters of the US. Waters of tl1e US temporality affected by filling, flooding, excavation, or drainage, where Lhe project area is restored to preconstruction contours and elevation, is not included in tl1e calculation of permanent loss of waters of tl1e US. TI1is includes temporary construction mats (e.g., Umber, steel. geotextile) used during construcUon and removed upon completion of U1e work. Where certain functions and values of waters of tl1e US are pennanently adversely affected. such as tl1e conversion of a forested wetland to a herbaceous wetland in ilie permanently maintained utility line right-of-way, mitigaUon will be required to reduce tl1e adverse effects of the project to the minima! level. Mechanized land clearing necessary for tl1e construction, maintenance, or repair of utility lines and tl1e construction, maintenance and expansion of utility line substations, foundations for overhead utility lines. and access roads is autl10rized. provided tl1e cleared area is kept to tl1e minimum necessary and preconstruction contours are maintained as near as possible. TIIC area of waters of the US that is filled, excavated, or flooded must be limited to tl1e minimum necessarv to construct ilie utility line, substations, foundations, ru;d access roads. Excess material must be removed to upland areas inunediatcly upon completion of construction. Tlus NWP mav autlwrize utility lines in or aJiecting navigable waters of tl1e US even if tl1ere is no associated discharge of dredged or fill material (See 33 CFR Part 322). Notification: TI1e pennittee must notify the District Engineer in accordance witl1 General Condition 13, if anv of ilie following criteria are met: · (a) Mechmuzed land clearing in a forested wetland for ilie utility line right-of-way; (b) A Section 10 permit is required; (c) TI1e uUlity line in waters of the US, excluding overhead lines, exceeds 500 feet: (d) TI1e utility line is placed wiiliin a jurisdictional area (i.e., water of ilie US), and it runs parallel to a stream bed that is within mat jurisdictional area; \l,~tionwidc 12 Permit Summary (c) Discharges associated witit Ute construction of utility line substations tlh1.t result in the loss of greater Umn ' 'I O-nere of waters of tite US; or J Permanent Jcccss roads constructed above grade in I' :tiers of the US for a distance of more titan 500 feet. t,g l Permanent Jcccss roads constructed in waters of the US \\ ith impen·ious materials. (Sections lO and 404) .\ote l Overhead utility lines constructed over Section lO W:J.ters and utility lines that arc routed in or w1der Sect Jon I 0 waters witiwut a discharge of dredged or fill lllatcrial require a Section 10 penn it; except for pipes or p1 pclincs used to transport gaseous. liquid, liquescent, or slurry substances over navigable waters of the US, wh1ch arc considered to be bridges, not utility lines, and may require a permit from titc USCG pursuant to Section 9 oftite Rivers and Harbors Act of 1899. However, any discharges of dredged or fill material associated with such pipelines will require a Corps penn it tmdcr Section .\04. Note 2: Access roads used for botl1 construction and maintenance may be authorized, provided titcy meet ti1e tcnns and conditions of ti1is NWP. Access roads used solely for construction of the utility line must be removed upon completion of tite work and Ute area •cstorcd to preconstruction contours, elevations, and otland conditions. Temporary access roads for :onstruction may be authorized by NWP 33. Note 3: Where ti1e proposed utility line is constructed or installed in navigable waters of the US (i.e., Section I 0 waters), copies of the PCN and NWP verification mil be sent by Ute Corps to tile National Oceanic and Atmospheric Administration (NOAA), National Ocean Sercice (NOS), for charting the utility line to protect nnvigat1on. A. General Conditions. Tite following general conditions must be followed in order for any autltorization by an NWP to be valid: D 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. D 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. D 3. Soil Erosion and Sediment Controls. Appropriate soli erosion and sediment controls must be used and maintained '" effective operating condition during construction. and all Jscd soil and other fills, as well as any work below the inary high water mark or high tide line, must be permanently stabilized at tite earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. Page 2 0 4. Aquatic Life l'rlv~·cmcnts. No activity may substantially disrupt tile necessary life-cycle movements of those species of aquatic life indigenous to Ute waterbody, including titose species that normally migrate ti11ough Ute area, unless Ute activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low Dow conditions. D 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance . 0 G. Regional and Casc-ll_y-Casc Conliitions. The activity must comply with any regional conditions U1at may have been added by Ute Division Engineer (sec 33 CFR 330.4(c)). Additionally, any case specific conditions added by Ute Corps or by the state or tribe in its Section 40 I Water Quality Certification and Coastal Zone Management Act consistency determination. D 7. Wild anti Scenic Rivers. No activity may occur in a component of Ute National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless ti1e appropriate Federal agency, with direct management responsibility for such river, has determined in writing that Ute proposed activity will not adversely affect tite Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Managemen~ U.S. Fish and Wildlife Service). D 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. D 9. Water Quality. D (a) In certain states and tribal lands an individual401 Water Quality Certification must be obtained or waived (See 33 CFR 330.4(c)). 0 (\J) For NWPs 12, 14. 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal401 certification (either generically or individually) does not require or approve water quality management measures, Ute permittee must provide water quality management measures tl1at will ensure titat tite auti10rized work does not result in more than minimal degradation of water quality (or the Corps detennines Utat compliance with state or local standards, where applicable, will ensure no more than ntinimal adverse effect on water quality). An important component of water quality management includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality (refer to General Condition 21 for stonnwater management requirements). Anotl1er important component of water quality management is the establislunent and maintenance of vegetated buffers next to open waters, including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs). .~a11onw;Jc _IZ Permit Summary This condition is only applicable to pru;ects that have the potential to aJTcct water quality. While appropriate mc:Jsurcs must be taken, in most cases it is not :ccssary to conduct deta.Hed studies to idcnti(Y such measures or to require monitoring. !J 10. Coastal Zone Management. In certain states, an inl!Jvtdual state coastal zone management consistency crllcurrcucc must be obtaiued or waived (see Section 330.4(d)). U It. Endangered Species. 0 (a) No activity is authorized w1dcr any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation. as identtficd tmder the F cdcral Endangered SpCCics Act (ESA), or which will destroy or adversely modify the critical habitat of such species. Non-federal pcrntittces shall notify the District Engineer if any listed species or designated critical habitat might be aJTected or is tn the vicinity of the project, or is located in the designated cntical habitat and shall not begin work on U1e activity unW notified by the District Engineer U1at U1e requirements of U1e ESA have been satisfied and U~at the activity is authorized. For activities Ulat may aJTect Federally-listed endangered or U1rcatcned species or designated critical habitat, Uw notification must include the nan1e(s) of U1e endangered or threatened species that may be affected by the proposed work or Ulat utilize U1e designated critical habitat Ulat may . affected by the proposed work. As a result of formal or · nformal consultation wiU1 the FWS or NJII[FS the District Engineer may add species-specific regional endangered species conditions to U1e NWPs. 0 (b) Authorization of an activity by a NWP does not auU10rizc the "take" of a Urreatened or endangered species as dcfmed w1der the ESA. ln U1e absence of separate autl10rization (e.g., an ESA Section 10 Permit, a Biological Opinion wiU1 "incidental take" provisions, etc.) from the USFWS or the NJII[FS, both lethal and non-leUlal "takes" of protected species arc in violation of the ESA. Information on U1e location of tirrcatened and endangered species and tl1cir critical habitat can be obtained directly from the offices of the USF\VS and N1vfFS or U1eir world wide web pages at http://l\ww. fws.gov/r9endspp/endspp.html and http://mnv. nfms. gov/prot res/esal1ome.hunl respectively. 0 12. Historic Properties. No. activity which may affect hislonc properties listed, or eligible for listing, in tile National Register of Historic Places is authorized, until U1c District Engineer has complied with the provisions of33 CFR Part 325, Appendix C. The prospective permittee must notify the District Engineer if ti1e authorized activity may affect any historic properties listed, dcterntincd to be eligible, or which tile prospective perntittee l~as reason to believe may be eligible for 1g on the National Register of Historic Places, and shall not ;in U1e activity until notified by the District Engineer Ulat the .equircments of the National Historic Preservation Act have been satisfied and U1at the activity is authorized. Information on U1e location and existence of ltistoric resources can be obtained from ti1e State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330 . .\(g)). For activities 1 Page 3 that may affect historic~· operties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the ltistoric property. 0 13. Notification. 0 (a) Timing; where required by the tem1s of ti1e NWP, the prospective permittee must notify the District Engineer with a preconslmction notificalion (PCN) as early as possible. 11\C District Engineer must detem1ine if tile notification is complete witiun 30 days of the date of receipt and can request additional information necessary to make ti1c PCN complete only once. However, if the prospective pemuttee docs not provide all of U1e requested information, U1en the District Engineer will notify the prospective pemuttee U1at the notification is still incomplete and U1e PCN review process will not commence until all of the requested information has been received by the District Engineer. 111c prospective perntittee shall not begin the activity: 0 (1) Until notified in writing by ti1e District Engineer U1at U1e activity may proceed under the NWP \viU1 any special conditions imposed by the District or Division Engineer; or 0 (2) If notified in writing by the District or Division Engineer that an Individual Pennit is required; or 0 (3) Unless 45 days have passed from ti1e District Engineer's receipt of the complete notification and the prospective permittee !~as not received written notice from U1e District or Division Engineer. Subsequently, U1e pennittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance "iU1 U1e procedure set forli1 in 33 CFR 330.5(d)(2). 0 (b) Contents of Notification: 111e notification must be in writing and include U1e following information: 0 (1) Name, address and telephone numbers of the prospective permittee; 0 (2) Location of the proposed project; 0 (3) Brief description of U1e proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s). Regional General Permit(s), or Individual Pennit(s) used or intended to be used to authorize any part of the proposed project or any related activity. Sketches should be provided when necessary to show that the activity complies with ti1e terms of the NWP (Sketches usually clarify the project and when provided result in a quicker decision.); ~;Hionwtde .12 Permit Summary D (4) For NWPs 7, 12, 14, 18, 2t, J4, 38, 39, 41, 42, and 43, ti1e PCN must also include a delineation of a!Jectcd special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, scograss beds), ond riffie and pool complexes (see poragraph 13(1)); D (5) For NWP 7 \Outfall Structures and Maintcnan;:c), the PC~ must include infonnation regarding Lhc original design capacities and configuralions of thos,; areas of the facility where maintenance dredging or excavation is proposed; D (6) For NWP 1~ (Linear Transportation Crossings). 1l1e PC~ must include a compensatory mitigation proposal to offset pem1anentlosses of waters of the US and a statement describing how temporary losses of waters of the US will be minimized to the maximum extent practicable; D (7) For NWP 21 (Surface Coal Mitting Activities), the PCN must include an Office of Surface Mining (OSM) or state-approYed mitigation plan, if applicable. To be authorized by this NWP, tile District Engineer must detennine Umt ti1e activity complies with Ute tenns and conditions of U1e NWF and Umt Ute adverse environmental effects are minimal boU1 individually and curnulatively and must notify the project sponsor of this determination in writing; D (8) For NWP 27 (Stream and Wetland Restoration), U1e PCN must include documentation of U1e prior condition of U1e site Umt will be reverted by U1e pennittee; D (9) For NWP 29 (Single-Fantily Housing), U1e PCN must also include: D (i) Any past use of this NWP by the Individual Perntittec and/or the pennittee's spouse; D (ii) A statement U1at Ute single-family housing activity is for a personal residence of the perntittee; D (iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of Utis NWP, parcels of land measuring '!.-acre or less will not require a fonnal on-site delineation. ·However, the applicant shall provide an indication of where U1e wetlands are and the amount of wetlands that exists on the property. For parcels greater than '!.-acre in size, fonnal wetland delineation must be prepared in accordance with the current metitod required by the Corps. (See paragraph 13(1)); ' Page 4 D (iv) , . written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or ti1e prospective permittee's spouse, within a one mile radius of the parcel, in any fonn of ownersltip (including any land owned as a partner, corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed; D (IO)For NWF 31 (lvlaintcnance of Existing Flood Control Projects), the prospective permittee must eiU1er notify U1e District Engineer with a PCN prior to each maintenance activity or subntit a five year (or less) maintenance plan. In addition, U1e PCN must include all of the follm>ing: D (i) Sufficient baseline infonnation identifying U1e approved channel depths and configurations and existing facilities. Ivlinor deviations arc auUtorized, provided the approved flood control protection or drainage is not increased~ D (ii) A delineation of any nffccted special aquatic sites, including wetlands; and, D (iii) Location of the dredged material disposal site; D (11)For NWF 33 (Temporary Construction, Access, and Dewatering), the PCN must also include a restoration plan of reasonable measures to avoid and minintize adverse effects to aquatic resources; D (12)For NWFs 39, 43 and 44, the PCN must also include a written statement to the District Engineer e~l'laining how avoidance and minimization for losses of waters of the US were achieved on the project site; D (13) For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal to offset losses of waters of the US or justification explaining why compensatory mitigation should not be required. For discharges that cause the loss of greater U1a11 300 linear feet of an interntittent stream bed, to be autiwrized, U1e District Engineer must determine U1at the activity complies with the other terms and conditions of the NWF, detennine adverse environmental e!Jects arc minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the pennittee may proceed; Natiunwide.l2 Permit Summary 0 ( 14) For NWP 40 (Agricultur.Jl Activities). tl1e PCN must include a compensatory mitigation proposal to offset losses of waters of the US. Titis NWP does not authorize the relocation of greater than 300 I incar-fcct of existing serviceable drainage ditches constructed in non-tidal streams unless, for drainage ditcl1es constmctcd in intermittent 110!1-tida\ slrcams, the District Engineer waives this criterion in writing, .:lJid the District Engineer has determined that the project complies with all terms and conditions of tl1is N\VP, and til;Jt any adverse impacts of the project on tl1e aqu;Jtic environment arc Jniniinal. both individually and cumub.Lively; 0 ( 15) For N\VP .\3 (Stonnwater Management Facilities). tl1e PCN must include. for tl1c construction of new stormwatcr management facilities, a maintenance plan (in accordance with state and local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of tl1e US. For discharges tl1at cause U1e loss of greater Ulan 300 linear feet of an interntittent stream bed, to be autl10rizcd, U1e District Engineer must detennine tlwt the activity complies with the other terms and conditions of the NWP, detennine adverse environmental effects are miitimal both individually a.nd cumulatively, and waive the limitation on stream impacts in writing before Ute pcnnittce may proceed; 0 (16)For NWP 44 (lvlining Activities), U1e PCN must include a description of all waters of the US adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the US, a description of measures taken to comply with UJC criteria of tl1e NWP, and a reclamation plan (for ali aggregate mining activities in isolated waters and non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities); 0 (!?)For activities U13t may adversely affect Federally-listed endangered or Uueatened species, the PCN must include U1e name(s) of U10se endangered or U1rcatened species tl1at may be affected by U1e proposed work or utilize the designated criticallwbitat that may be affected by the proposed work; and 0 (IS) For activities Ulllt may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, ti1e PCN must state wltich ltistoric property may be affected by the proposed work or include a vicinity map indicating U1e location of U1e historic property. 0 (c) Form of Notification: TI1e standard lndividual Permit application form (Form ENG 43-15) may be used as tl1e notification but must clearly indicate tl1at it is a PCN and must include all of U1e information required in (b) (I)-( l8) of Geneml Condition 13. A letter conl1ining the requisite information may also be used. Page 5 0 (d) District l::.ugineer's Decision: In reviewing U1c PCN for U1e proposed activity, the District Engineer will detenmine whetl1er U1e activity autlwrized by the NWP will result in more than minimal individual or cumulative adverse em·ironmental effects or may be contrary to the public interest. The prospective permittee may submit a proposed mitigation plan with the PCN to e'pcdite tl1c process. TI1e Disuict Engineer will consider any proposed compcnsntory mitigation U1c npplicant has included in tllC proposal in dctcnnining whether the net <Jd\·:.::rsc environmental ciTccts to the aquatic environment of the proposed work arc minimal. If the District Engineer determines that the actiYity complies with the terms and conditions of the NWP and tl1at tile adverse effects on U1e aquatic enviromnent arc minimal, after considering mitigation, U1e District Engineer will notifv the permittee and include :my conditions tl1e District Engineer deems necessary. 1l1e Disuict Engineer must approve any compensatory mitigation proposal before tl1e pennittee commences work. If the prospective perntittee is required to submit a compensatory mitigation proposal witl1 U1e PCN. tl1e proposal may be either conceptual or detailed. If ti1e prospective pennittee elects to subntit a compensatory mitigation plan witi1 U1e PCN. tiJC District Engineer will expeditiously review U1e proposed compensatory ntitigation plan. The District Engineer must review the plan within 45 days of receiving a complete PCN and detcnntine wheti1er UJC conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on U1e aquatic environment. If ti1e net adverse effects of the project on ti1e aquatic environment (after consideration of the compensatory ntitigation proposal) are detennined by the District Engineer to be minimal, tl1c District Engineer will provide a timely written response to the applicant. The response will state ti1at tl1e project can proceed under U1e terms and conditions of the NWP. 0 If the District Engineer determines tlwt U1e adverse effects of the proposed work are more than ntiJtimal, then tl1e District Engineer will notify the applicant either: 0 (I) tl1at tl1e project does not qualify for autl10rization under tl1e NWP amd instruct U1e applicant on U1e procedures to seek authorization Ullder an Individual Permit; 0 (2) ti1at tl1e project is auti10rized Ullder the NWP subject to tile applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic environment to tile minimal level; or D (3) Utattlte project is auU1orizea under U1e NWP with specific modifications or conditions. Where the DisUict Engineer detcnnincs that mitigation is required to ensure no more than minimal adverse effects occur to the :1quatic environment, the activity \Viii be authorized within the ~5-Uay PCN period. The authorization will include the :1cccssary conccpluJ.l or specific mitigation or a requirement that the appliGI.!lt submit a mitigation proposal th.:1t would reduce the ad\'crsc effects on the ~tqualtc crwironmcnt to the minimal level. \Vhcn conceptual mitigation is included. or a nlltig:Jtion pl:l.n is required under item (2) aboYc. no work in waters of the US will occur until the District Engineer has approved J specific mitigntion plan. D (c) Agency Coordwation: The District Engineer will consider any comments from Federal and state agencies concerning Ute proposed activity's compliance with the tcnns and conditions of U1e NWPs and tile need for mitjgatlon to reduce the project's adverse environmental effects to a minimal level. D For acti\'itics rcquinng notification to the District Engineer that result in the loss of greater tlJa..Il ~-S-acre of waters of the US, UlC District Engineer will provide immcdi::ttcly (e.g., via facsimile transmission, overnight mail, or otJ1cr expeditious maimer) a copy to the cppropriate Federal or state offices (USFWS, state natural resource or water quality agency, EPA, Stale 'storic Preservation Officer (SHPO), and, if 1ppropriatc, the NMFS). Witi1 U1e exception of NWP 3 7. ti1esc agencies will then have 10 calendar days from the date U1e material is lransmilled to telephone or fax the D1strict Engineer notice U1at ti1ey intend to provide substantive. site-specific comments. If so contacted by an agency, the District Engineer will wait an additional 15 calendar days before making a decision on the nol1lication. 1l1c District Engineer will fully consider agency comments received within the specified time frame. but "ill provide no response lo ti1e resource agcncv, except as provided below. The District Engineer will indicate in the administrative record ;tssocintcd v.ith each notification that tJ1e resource agencies' concerns were considered. As required by Section 305(b)(-l)(B) ofU1e Magnuson-Stevens Fishery ConscrYation and Management Act, the District Engineer will provide a response to Niv1FS within 30 davs of receipt of any Essential Fish Habitat conservation recommcndatiofts. Applicants are encouraged to provide the Corps multiple copies of notlJkations to expedite agency notification. D (f) Wetland Delineations: Wetland delineations must be prepared in accordance \1vith the current mctJ10d required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less tltan 1~-acre in size). 1l1e pem1ittcc may ask U1e Corps to delineate the special aquatic site. 1l1ere may be some delay if the Corps docs tl1e delineation. Funhermore, the 45-day period will not start until the wetland delineation has been completed and submilled to tile Corps, where appropriate. Page 6 D 14. Compliance L-rtificalion. Every pcrmillee who has received NWP verification from U1e Corps will submit a signed certification regarding U1c completed work and any required mitigation. 1l1C certification will be forwarded by U1e Corps \\'ith the authorization letter and will include: D (a) A slatemcntlhntthe auU10rizcd \vork was done in accordance with the Corps authorization, lnduding any gcncr.:II or specific conditions; 0 (b) A statement that any required mitigation was completed in accordance with tlte permit conditions: n.nd (c) 1l1c signature of the permittee certifying Ute completion of the work and mitigation. D 15. Usc of Multiple Nationwide Permits. 1l1e use of more t11an one N\VP for a single and complete project is prohibited, except when ti1e acreage loss of waters of the US auU10rized by the NWPs does not exceed U1e acreage limit of U1e NWP with ti1e highest specified acreage limit (e.g. if a road crossing over tidal waters is constructed under NWP 14, witi1 associated bank s~1bilization auti10rized by NWP 13, U1e max.imwn acreage loss of waters of the US for U1e total project cJ!mol exceed l/3-acre). D 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in U1e proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. D 17. Shellfish Beds. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity auti10rized by NWP 4. 0 18. Suitable Material. No activity, including structures and work in navigable waters of ti1e US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the CW A). D 19. Mitigation. 1l1e District Engineer will consider the factors discussed below when detennining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on U1e aquatic environment U1at are more than minimal. 0 (a) The project must be designed and constructed to avoid and minimize adverse effects to waters of the US to the maximum extent practicable at U1e project site (i.e., on site). 0 (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or compensating) will be required to the extent necessary to ensure U1al U1c adverse effects to U1e aquatic environment are minimal. .-.:a1Jonw1dc .12 Permit Summary 0 (c) Compensatory mitigation at a uunimwn one-for-one ratio will be required for all wetland impacts requiring a PCN. unless U1e District Engineer detennines in ting that some oU1cr fonn of mitigation would be more t\·iromnentally appropriate and provides a project-specific watvcr of this requirement. Consistent wiU1 National policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional circumstances. 0 (d) Compensatory mitigation (i_e., replacement or Sitbstllution of aquatic resources for those impacted) will not be used to increase U1c acreage losses allowed by the :1crcagc limits of some of the N\VPs. For example, ~~-acre of wetlands cannot be created to change a 3!4-acre loss of wetlands to a Y:-acre loss associated wiU1 NWP 39 \'Crification. However, ~:-acre of created wetlands can be used to reduce the impacts of a Y,-acrc loss of wetlands to U1c minimum impact level in order to meet U1e minimal impact requirement associated with NWPs. 0 (c) To be practicable, U1e mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation U1at may be appropriate and practicable include, but arc not limited to: reducing Ute stze of the project; establislting ar1d maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions •1d values by creating, restoring, enlkmcing, or preserving ,lmilar functions and values, preferably in the same watershed. 0 (f) Compensatory mitigation plans for projects in or ncar streams or other open waters will normally include a requirement for U1e establislunent, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should consist of native species. TI1e w1dth of the vegetated buifers required will address documented water quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineers may require slightly "ider vegetated buffers to address documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, U1e Corps will determine the appropriate compensatory mitigation (e.g., stream buffers or wetlands compensation) based on what is best for Ute aquatic environment on a watershed basis. In cases where vegetated buffers arc determined to be the most appropriate form of compensatory mitigation, the District Engineer may waive or reduce U1c requirement to provide wetland compensatory mitigation for \vetland impacts. 0 (g) Compensatory mitigation proposals submitted with U1c "notification" may be either conceptual or detailed. If conceptual plans arc approved under the verification, U1en U1e Corps will condition the verification to require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of the US. Page 7 0 (h) Permittees may propose U1e use of mitigation banks, in-lieu fee arrangements or separate activity-specific compensatory· mitigation. In all cases U1at require compensatory mitigation, the mitigation provisions will specify the party responsible for accomplishing ancVor complying \Vith the mitigntion plan. 0 20. Spawning Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, in spawning are~s during spawning seasons must be avoided to the maximum extent pr~ctico.ble. Activities that result in Lhc physical destruction (e.g., excavate. fill, or smother dO\mstrcam by substantial turbidity) of an important spawning area are not auUtorizcd. 0 21. Management of Water Flows. To U1e maximwn extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not pernk1nenUy restrict or impede U1e passage of nonnal or expected high flows (unless the primary purpose of the fill is to impound waters) and U1e structure or discharge of dredged or fill material must withstand expected high flows. TI1e activity must, to U1e maximwn extent practicable, provide for reL1ining excess flows from UlC site, provide for mainL1ining surface flow rates from U1e site similar to preconstruction conditions, and provide for not increasing water flows from U1e project site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary, and U1e activity must, to U1e maximwn extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow. TI1is condition is only applicable to projects that have U1e potential to affect waterflows. While appropriate measures must be taken, it is not necessary' to conduct detailed studies to identify such measures or require monitoring to ensure their effectiveness. Normally, U1e Corps will defer to state and local auUwrities regarding management of water flow. 0 22 Adverse Effects From Impoundments. If U1e activity creates an impoundment of water, adverse effects to the aquatic system due to U1e acceleration of the passage of water, ancVor the restricting its flow shall be minimized to the maximwn extent practicable. TI1is includes structures and work in navigable waters of the US, or discharges of dredged or fill materiaL 0 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 0 24, Removal of Temporary Fills. Any temporary fills must be removed in U1eir entirety and U1c affected areas retwned to U1eir preexisting elevation. ;'Jation~>,:jJ~;; 12 Pcrrm! Summary 0 25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National \Vild and Scenic rs, critical habit.al for Federally listed tlJreatened and ngered srccics. corn.! reefs, state natural heritnge sites. and outstanding nJtiorUJ.l resource waters or other waters officialty dcstgnated by a stJtc as having particular environmental or ecological significance and identified by the Dislrict Engineer :tftcr notice and opportunity for public comment. The District Fng1nccr may also designate additional critical resource \Vaters after notice ~111d opportunity for comment. 0 (a) Except as noted below, discharges of dredged or fill material into waters of the US arc not authorized by N\VPs 7, 12. 1.\, 16, 17, 21, 29, 31, 35, 39, 40, .\2, 43, and .\.\ for any activity within, or directly affecting, critical resource wators, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of tlte US may be auU10rized by the above NWPs in National Wild and Scenic Rivers if U1e activity complies with General Condition 7. Furtlter, such discharges may be autl10rized in designated critical habitat for Federally listed tlueatened or endangered species if the activity complies wiUt General Condition II and the USFWS or tlte Nlv!FS has concurred in a dctennination of compliance witlt tltis condition. 0 (b) For "'WPs 3, 8, 10. 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 3.\, 36, 37, and 38, notification is required in accordance \\ith General Condition 13, for any activity prop<'>cd in the designated critical resource waters including wetl:mJs adjacent to tlwse waters. The District Engineer may autltorize activities under tltcse NWPs only after it is detemtined that the impacts to the critical resource waters will be no more than minimal. 0 26 Fills Within 100-Year Floodplains. For purposes of this General Condition. 100-year f1oodplains will be identified through the existing Federal Emergency tvlanagemcnt Agency's (I'El\lA) Flood lnsurartce Rate Maps or FE1vlA-approved local f1oodplain maps. 0 (a) Discharges in Floodplain; Below Headwaters. Discharges cf dredged or fill material into waters of the US within the mapped 100-year f1oodplain, below headwaters (i.e. live cfs), resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and .\4. 0 (b) Discharges in Floodwav; Above Headwaters. Discharges of dredged or !iii ma'terial into waters of the US within the FE1vlA or locally mapped f1oodway, resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, and 44. 0 (c) Titc permittee must comply with arty applicable FEMA-apprO\·ed state or local f1oodplain management requ1rements. Page & D 27. Construction t'eriod. For activities tltat have not been verified by the Corps and the project was commenced or under contract to commence by the expiration date of tlte N\VP (or modification or revocation date), tlte work must be completed within 12-monlhs after such date (including any modification tltal affects the project). 0 For activities Utat have been verified and the project was commenced or under contract to commence within UlC verific:1tion period, the \vork must be completed by the date determined by the Corps. 0 For projects that have been verified by the Corps, an extension of a Corps approved completion date may requested. Titis request must be submitted at least one montlt before tlte previously approved completion date . B. Further Information I. District Engineers have authority to detemtine if an activity complies with Ute terms and conditions of an NWP. · 2. NWPs do not obviate the need to obtain otlter Federal, slate, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not auU10rize any injury to tlte property or rights of otlters. 5. NWPs do not autl10rize interference with any existing or proposed Federal project. SEP-03-2003 WED 04:11 PM FAX NO. ' 08129103 11:20 FAX 3032605188 TOll BROWN INC RIGHT-OF-WAY AGREEMENT STATE OF COLORADO) COL'NTYOF ) KNOW ALL MEN BY THESE PRESENT That the undersigned, hereinafter called GRAi'ITOR for ten dollars ($10.00) and other valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby Grant, Bargain, Sell and Convey to Cllllyon Gas Resources, Int., whose address is 7400 East Orchard Road, Suite 270, Englewood, Colorado 8011 I, (Herein after referred to as GRANTEE), its successors and assigns, the right, privilege, and easement to survey, clear and excavate along a route, to lay, construct, operate, maintain, inspect, test, repair, alter, protect, remove, abandon, or replace one pipeline and appurtenances for the transportation of oil, gas or other substances transportable by pipeline, together with all other rights necessary or convenient for the enjoyment of the right, privileges and easement hereby granted, over and along a Right of Way Easement, shown on Exhibit "A", attached hereto and made a part hereof. The easement shall be fifty (50) feet in width during the period of initial construction and an additional temporary workspace of twenty-five (25) feet as may be needed. After initial construction has been completed, the easement shall revert to twenty-five (25) feet in width and which easement is on and across the following described lands in Garfield County, Colorado, to wit: Township 7 South. Range 96 West Section 36: EZNW4, SlNE4 More particularly described and shown on Exhibit "A" attached hereto and made a part hereof. The GRANTEE shall have all of the rights and benefits necessary or convenient for the full enjoyment or use of the right herein granted, including, but without limiting the same to the free right of ingress to and egress over and across said lands to and from said right-of-way and easement and the right from time to time to cut all trees, undergrowth and other obstructions that, in its judgment, may injure, endanger or interfere with the use of said pipeline. GRANTOR hereby reserves the right to use said land in any manner that will not prevent or interfere with the exercise by GRANTEE of its rights hereunder, provided, however, that GRANTOR shall not construct, nor permit to be constructed, any house, building, improvements, or obstructions within the permanent right-of-way, without the express prior consent of the GRANTEE. P. 02 ~001 SEP-03-2003 WED 04:12PM FAX NO. 08/29/03 11:21 FAX 3032805188 TOM BROWN INC The rights herein granted may be assigned in whole or in part and the terms, conditions and provisions hereof shall extend to and be binding upon the heirs, executors, administers, personal representatives, successors and assigns, of the parties hereto. Such consent shall not be unreasonably withheld. GRANTEE shall and does hereby covenant and agree to hold ORA. 'o'TOR harmless from any and all liens, judgments and claims of any kind or character (including, but not limited to, any claim or judgment based on a theory of negligence, negligence per se, strict liability, willful misconduct, or other theory ofliability) arising from GRANTEE'S under and by virtue of this Right-Of-Way Agreement, including, but not limited to, claims for damages to land, stock, crops, fences, buildings, natural resources or structure and claims for personal injuries to and death to persons. GRANTEE further agrees to defend any suit brought against GRANTOR on account of any such claims and to pay any judgments against GRANTOR resulting from any such suit or suits; provided that GRANTOR shall, nevertheless, have the right, if it so elects to participate in the defense of any such suit or suits to which it may be a party without relieving the GRANTEE of the obligation to defend the same. GRANTEE hereby agrees to bury all pipe to a sufficient depth so as not to interfere with cultivation of soil and to pay any damages which may arise to growing crops and fences from the construction, maintenance and operation of pipelines and related facilities constructed under the terms of this grant. The consideration received for this easement includes payment for the normal damages caused by the initial construction of the pipeline and its appurtenances and temporary use of existing private roads to access the Right of Way. Notwithstanding, GRANTEE shall not interfere or cause inconvenience to any oil, gas or mineral development on the above described lands. GRANTOR shall not interfere with the eXercise of GRANTEE'S rights by constructing or permitting to be constructed any permanent structure upon the easement strip herein conveyed and GRANTOR further agrees not to change the grade, remove dirt from the surface of the easement or impound water over the easement without prior written approval of GRANTEE. GRANTEE, it's contractors, subcontractors, agents and or assigns agree to comply with the construction considerations and requirements as shown on Exhibit "B" attached hereto and made a part hereof. In the event of non-use of the pipeline for the purposes herein granted by the GRANTEE, its successors or assigns, for a period of twelve months, this Right-Of-Way Agreement shall automatically terminate without necessity of action of either party hereto. If requested by GRANTOR, GRANTEE shall remove its pipeline and restore the surface of the premises to a condition satisfactory to GRANTOR and within three months of the removal of the said lines record a release, releasing all its right, title and interest in and to said Right-Of-Way Agreement. P. 03 Ill 002 S E ~-03-2003 WED 04:12PM FA X NO . 08 /2 9 /03 11 :21 FAX 3032605188 TOK BROWN INC It is mutually agreed and understood that this Agreement, as written, covers all agreements and stipulations between the said parties, and no representations or statements, oral or written, have been made modifying, adding to , or changing the terms of hereof. IN TESTIMO~ WHEREOF, the GRA..'ITOR, herein have executed this conveyance this 'l?..q day of ~yStLS r · , 2003 . GRANTOR: TOM BROWN, INC. By: I~ ~ e:-~e.cr.r-h'"v<--/,~ P/'e s-' ~~ • '-" P. 04 ~003 SEP-03-2003 WED 04:13PM FAX NO. 08/29/03 11:21 FAX 3032605188 TOll BROWN INC THE STATE OF f!d~ COUNTY OF tf"4 r' .<J ) ) 5'S P. 05 ~004 SEP-03-2003 WED 04:13 PM ' 08/29/03 11:21 FAX 3032605188 AUG-29-2003 FR! 10:40 AH TRlGON SHf~HAN UL~ ~ . \ .. FAX NO. TOH BROWN !NCI'HX NU. 1970!~9107 08/29 '0! 07:Z6 N0.09S 06 EXHIBIT"A" TBI Production Company, Inc. (Aa built plat to be allllcNd prior to l'eiCOI'dlng) /' ('·· ,... -. ··Ft--·· ,.-,.-~'*""-· .... 5~ ~ I . ' ;. ~ :. .. . ... P. 06 1111005 ...,. • uc. SEP,-03-2003 WED 04: 14 PM FAX NO. 08/29/03 11:21 FAX 3032605188 TOM BROWN INC EXHIBIT "B" CONSTRUCTION CONSIDERATIONS I REQUIREMENTS 1. Park on the construction easement not on the grass. 2. Reseed with pure live seed. 3. Pick up all trash whether you dropped it or not. 4. Maintain all equipment in the shop, not on the range, 5. Conduct operations only in dry conditions not mud. 6. Park any and all unused equipment on the R!W. 7. Place construction materials on the casement. 8. It will be Grantor's responsibility to monitor noxious weeds and take corrective action where needed. 9. Leave gates as they are found. 10. Close, fence, or guard all open holes, Jines, or ditches if livestock are present 11. Stop when asked. 12. Use only landowner pre-approved private roads. 13. No guns, dogs, alcohol, or drugs. P. 07 fill 006 TRill I>J<ED .... We 30th ~ of Juile 11 97 , ~ Financial !and :r:nvest.nent COr!X>ration 6363 Kerryhill Ccurt ."<laura ll~lls. CA 91301 a c:«pCntJOD dnl)' ~ &ad ~ UDder and by virtue of the laWJ of the State of Delaware of tb• flnt part, and mr Prcrluction cat;:any, Inc., a Delaware corporation 555 17th St-, Suite 1850, Denver, CO 80202 ~~0000~~~~0000~~~~~·~ of the .oeond part: -·- WITNESSETB, Tha.t the .aid partJ' of tbe tfrat part. tor and ill eon~lderatioo of the 1om of one hundred dollars ani other qood and valuable consideration ($100.00 o.v.c.l ~ tc the nJd part,. of the tfnt parf in baDd paid b7 the Uld pari y of the aeeond part. ~e receipt w&ereol is hereby eonfeued and aelmowledged, hath cranted, barpinect;·IOld aGeonnJed, aDd bJ these precenta doth crut. barpin. .ell, eonveya;,d eon!bm. nnto the u.id part y _ of tho aeeond part, its heira, &Dd "aicu fOl'ft'V, all of the following ducribed lot or pi.l'cel ot land, alt:uate, lJfq and beiD• in the Coanty of Garfield and State of Colorado. to wit: as ITOre fully described on Exhibit "A'' attached hereto ani made a part hereof. TOGBTIIBB with aD. u i atDplar tM ~ta IIDil ....,a: ·neee tbena:bto ~. or a ~ ·~.aDd tbe 1'ft'U'II(ID or ICiOtakau, ~-,_.,-.a-ud mom. tbeieof;-..a all tbe ..-... ridlt. ~·• ~ daim ad~ wMt'aoeftr oL-tbe "Mid~ ot tiM ftrri' pan. either iD. law or tM~Qit;F, ot, ill aDd to the •bon b&raatDid ~ witll • beredltam.rta aDd ~ TO RAVB J.ND TO BOLD tbe laid pnmbel ~ban barra1Dec1 aDd~ with tiM, appo:z' ener aakt .. uld part y oi tbe............ its -"""-~--Alod tbe uld Financial Land Investnent COiporation -of 111o finO.,...., f .. -. and ite •ueceuon, doth eoT'!U&Ilt, ~t. bu'pDl, ad. -.ree to ad with the ..sd put Y ot 1M __,. ,.n. its holn a!>d-.......... -of .... --"""-of-~ .. le-seized of the pl'W;li&et abon CODVWJWI. u ,-,f a coo4, nre, ~· u.oltatl ud ....,_siNe .ate til th rlheM, Ill law, in fee atmple, and bath good riabt, fall power ud laWful~ to put, buptD, ..U ad comer tM...,. 1n manner and form -=foreuid, and that: the .ame -. free md clear from aD former and other ~ZU~til, barpiM. aaJea, lime, taxes, aueumentl and incumbra.nc«~ of whaWn:r kind or oatare aonw; .. /·. ,-.._. t, ... EXHIBIT "A" to that certain Deed, dated June 30, 1997, from Financial Land Investment Corporation, as party of the first part, and TBI Prod- uction Comp:my, Inc., as party of the second part. Township 7 South. Range 96 West. 6'h P.M. Section 25: SE4SW4 Section 36: E2NW4, NE4SW4, S2NE4, N2SE4 Garfield County, Colorado containing: 320 net surface acres, more or less, and 240 net mineral acres, more or less including, but not limited to, all oil, gas, and other hydrocarbon substances, minerals, surface fee estates, mineral fee estates, reversion and reversions, remainder and remainders, rents, issues and profits thereof, oil, gas and mineral leases, right and interests attributable or allocable to the oil, gas and mineral leases by virtue of pooling, unitization, and communitization agreements, surface ieases, easements and rights-of-way included within or adjacent to these interests, licenses, permits, water rights, water wells and water stock, including, without limitation, that certain road easement reserved under that certain Deed, dated February 23, 1962, between Claude V. Hayward and Nellie G. Hayward, as parties of the first part, and William G. Gates and James W. Dearing, as parties of the second part, recorded in Book 339, at Page 417 as document 216691 of the Garfield County Clerk and Recorder's Office. Subject to: U. S. Patent reservations; easements and ri~hts-of-way of ·-ecord or in place or in use; and building and zoning regulations. , i J II RIGHT-OF-WAY AGREEMENT ST.-\ TF. OF COLORADO) COliNTY OF GARFfF.I.()) KNOW ALL ME:"/ BY THESE PRESENT That the undersi!,'TlO:d, hereinafter called <IRANTOR for ten dollars (S 10.00) and other valuable cons1d~rations in hand paid, the receipt and ~uniciency of which are hereby acknowledged, does hereby Grant, Bargain, Sdl and Ctmvey tt> Canyon Gas Resources, fnc., whose address is 7400 East Orchard Road. Suite 270, Englewood, Colorado 80111, (Herein after referred to as GRANTEE ). its successors and assigns. the right, privil~:ge, and c:asement to survey, clear and excavate: along a route:, to lay. construct, opc:ratc:, maintain. insp..-ct, test, repair, alter, protect, remove, abandon, or replace one pipeline and appurtenances for the transportation of oil, gas ur other substances transportable by pipeline. tugethc:r with all other righL~ ncces...ary or convenient for the enjnymc:nt of tho: right, privileges and casement hereby granted. over and along a Righttlf Way L::ascmcnt, shown on Exhibit "A~. attached hereto and made a port hereof. The casement shall he fifty (50) feet in width during the pt:riod of initial construction and an additional temporary workspace uf twenty-five (25) feet as may be m:eded. After initial construction has been completed. the casement shall revert to tWenty-five (25) feet in width and which easement is on and acros.q the following described land.q in Gar!icld County, Colorado. to-wit: TownshiP 7 South. Range 95 Wat Section 20: SW4NE4, SE4NW4 More particularly described and shown on Exhibit "A~ al!aehcd hcrcltl and made: a part h.:reof. The GRANTEE ~hall have all of the rights and benefits necessary nr convenient for the full enjoyment or use of the right herein gmnted, including. but without limiting the same to the free right ufingress to and egress over and across said land~ tu and from snid right-of-way and easement and the right from time to time to cut all trees. undergrowth and other obstructions thltt. in it:; judgment, may injwc. endanger nr interfere with the usc of said pipeline. GRANTOR hereby reserves the right to usc said land in any manner that will not prevent or interfere with the exercise by GRANTEE uf it:; right:; hereunder, provided, however, that GRANTOR shall not constract, nor permit to be constructed, any house, building. improvements. or obstructions within the permanent right-nf-way, without the expres.~ prior consent ufthe GRANTEE. The rig,hts herein granted may be assigned in whole or in part and the tenns, conditinns and provisions hereof shall extend to and be binding upon the hc:irs, executors, administers, personal representatives, successors und assigns, or the parties hereto. GRANTEE covc:nants and B!:,'Tees to indemnify and forever h"ld harmless the GRANTOR against each and every claim, demand or cause of action that may be made or come against him by reason or in any way arisin~;: out of any defect, imperfection, operation. maintenance or construction of said pipeline. GRANTEE hereby agrees to bury all pipe Ill a sufficient depth so as not to interfere with cultivation of soil and to pay any damages which may arise to growing crops and fences from the construction, maintenance and operation of pipelines and related facilities constructed under the terms of this grant. The consideration received for this eusemem includes payment for the normal damag~:s caused by the initial construction of the pipeline and it.• appurtenances and temporary usc of existing private mad• to accellS the Right of Way. Grantee further agrees to install 12 foot steel gates at all fence crossings and to gr.1de existing access roads used to access construction areas upon cnmplelion of constTUction. GRANTOR shalt not interfere with the exen.:ise of GRANTF.F.'S rights by constructing or permitting to be constructed any permanent structure upon the ea.<;ement strip ht:rein conveyed and GRANTOR further agrees not to change the grade, remove dirt from the surface of the ea_qcmcnt or impound water over the ca.qcment without prior written approval ofGRANTEI-:. GRANTEE, it's contractors, subcontractors, agcnlq and or a.~signs agree tn comply with the construction consideralions and requirements as shown on Rxhibit "13" attached hereto and made a part hereof. It is mutually agreed and understood that this Agreement, as written, covers all agreements and stipulations between the said panics, and no representations or statements, oral or written, have been made modifYing. adding to, or changing the terms of hereof. IN TESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this I 7 day of J;p .. , 2002. . 'JV.e Gardner . ;' 11t,ik11 ,J<"~fk.tt1U 'l/ ' Sharon Gardner THE !>1.-\TE o..C.I:l.\o..-c.t~ } COV,TY OF-~~~-;..,-- This insmunent was acknowlcdg<'tl before me un the I 1 day of~ p\t ''"' h ,-. 20112 before me. a notary public, in •nd Cur :said county and <tate. personally c:tme the above-named George R. Gardner. who is per<onally known ro me and known to me to be the identical pur.wn whn:<e name i• affixed to the above instrument to be h.is voluntary act and deed IN \l.lTNF.SS \1. 1iEREOF I have hereunto set my hand and alli:<cd my noto.ry seal the day and year lut ohave wrincr. C /) ....___ I My Commission Expires: l_o -01-~unl ( \..u..-r. ~ Notary PUbliC Notary .. Puhlic(.· n and for Stale of Colorado b My CommiSSion Expires 0610iv.!006 The State of .· _! Q.-o.b THE STATE m-CC>\CJ,rv-.d o ) COUNTY OF -ffi;y \ch r ) This instrument was acknowledged before me on the _11 day or ~~t~1002 before me. a notary public. in and for said county and state, personally came \:he above-named Sharon Gardner. who is personally known to me _and known to be the identical person whose name is affixed to the above instrument to be her voluntary act and deed. IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal tile day and yt:ar last above writt~n. My Commission Expires: .,;;w(\D.. 1 -z q;:llt Ellen P. Hunt Notaty Public State of Colorado My Commission Expires 061071'2006 EXHIBIT "B" CONSTRUCTION CONSIDERATIONS I REQUIREMENTS 1. Park on the construction easement not on the grass. 2. Reseed with pure live seed. 3. Pick up all trash whether you dropped it or not. 4. Maintain all equipment in the shop, not on the range. 5. Conduct operations only in dry conditions not mud. 6. Park any and all unused equipment on the RIW. 7. Place construction materials on the easement. 8. It will be Grantor's responsibility to monitor noxious weeds and take corrective action where needed. 9. Leave gates as they are found. 10. Close, fence, or guard all open holes, lines, or ditches iflivestock are present. 11. Stop when asked. 12. Use only landowner pre-approved private roads. 13. No guns, dogs, alcohol, or drugs. 14. Remove all rock dug up during construction offlandowner's property or to a landowner pre-approved dump location. 15. Maintain a temporary irrigation system on any hay fields being irrigated during construction, and compact the trench line sufficient enough to restore existing flood irrigation system to as close to like condition as possible. 16. Grantee shall be liable for providing supplemental hay feed to landowner for any loss of hay crop caused by construction. ij 'I I, I' I! II ]i II I! i! II II ii !I ,, ll ii ., ii i: ('· "JJ/ /} NOV a '!97& ry-~-=~ ~ ~.;:, ,,, -· f; ::;-.. Rocort'''d at ...... U-'.t<.:'Z. .. o'clock ..... p .... M. -··-·-····-·-·---" •'' .. u .,,, ., ..... ~ Reoepcion 1io,.2';8~.?~1. __ Ella Stephens, Recorder WARRANTY DEED STAff IIOCftiii!TAIY fll NOV ;; 1978 MONA G, GARDNER s &x whose address is ___ o_J=-3_4_C_._R_.~3-03_ , City (or -----~G~r~a~n~d~V;a~l~l~eLy ___ , County of Garfield Town) of , State of ~~~~C~o~l~o~r~a~d~o~~~~' for the consideration of $ ________ _ in hand paid, hereby sell(s) and convey(s) to GEORGE R. GARDNER and SHARON GARDNER, as joint tenants whose address is !236 C.R. 302 Grand Valley , County of Colorado , the following County of Gartieid , a.nd State , City (or Town) of Garfleld , State of described real property in the of Colorado, to-wit: S~ and the S~, Section 20, Tp. 7 S., R. 95 \1,, 6th P.M., together with a proportionate share of the water right~ appurtenant thereto, including, but not limited to, one-half of the grantor's right in and to the Wandering Je~· Ditch. (Hailing addreos of grantee:l236 C.R. 302, Grand Valley, CO 81635) ~th all its appurtenances and warrant(s) the title to the same, subject to 19 78 property taxes and assessments, easements, rights of way, restrictive covenants c.f record, reservations contained within the United States patent to the subject property STATE OF COLORADO ) COUNTY OF GARFIELD)88 " Mona G. Gardner The foregoing instrument was acknowledged before me this .~~~~ day of {"(; -f,.;_,", r , 19 '1 f , by Mona G. Gardner !. ~ ... '· ·~ · MY ~rmnission ~xpires: ,_. O' ,. r··· ~ · ·j;? /I 1 N<:ary Publ~ '.0.. ~·\ I i \ ~ l'l!"v-11-02 10:43A J. '·· Obourn, Jr. & Co. 3r 734 sgso i RIGHT·OF~WAY AGREEMENT STATE Oli' COLORADO) COliNTY OF GARFJI1;LD) KNOW ALL MEN BY THESE PRESJ:NT P.02 That the undersigned, hereinafter called GRANTOR for ten dollars ($10.00) and other Vllluable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby Gmnt, Bargain, Sell and Convey to Canyon G11s Resources, Inc.., whose address is 7400 East Orchard Road, Suite 270, Englewood, Colorado 80 Ill, (Herein after referred to as GRAN~ ), its successors and assigns, the right, privilege, and easement to survey, clear and excavate along a route, to lay, construct, operate, maintain, inspect, test, repair, alter, protect, remove, abandon, or replace one pipeline and appwtenances for the transportation of oil, gas or other substances transportable by pipeline, together with all other rights necessary or convenient for the enjoyment of the right, privileges and easement hereby granted, over and along a Right of Way Easement, shown on the pre. construction exhibit, attached hereto. The easement shall be fifty (50) feet in width during the period of initial construction. After initial construction has been completed, the easement shall revert to twenty· five (25) feet in width permanent easement within, on and across tile following descnoed lands in Garfield County, Colorado, to-wit Township South, Range 95 Wgt Sec:tion 16: The North 25 feet of the SW4SW4 Section 17: The East l5 feet of the SE4S.t4 Grantee agrees to record this Right-llf~Way agr~ment, attaching a center-line survey plat as Exhibit "AM (incorporated herein by reference) of the actual route of the pipeline, "as builtH within the above described lands The GRANTEE $hall have all of the rights and benefits necessary or convenient for the full enjoyment or use of the right herein granted, including, but without limiting the same to the free right of ingress to and egress over and across said lands to and from said right-of-way and easement along the existing private road, being located in the wuth 30 feet ()r (he SE4, Section 17, Township 6 South, Range 95 West, and the right from time to time to cut all trees, undergrowth and other obstructions that, in its j udgrnent, may injure, endanger or interfere with the use of said pipeline. GRANTOR hereby reserves the right to use said land in any manner that will not prevent or interfere with the exercise by GRANTEE of its rights hereunder, provided, however, that GRANTOR shall not construct, nor permit to be constructed, any house, building, improvements, or obstructions within the pennanent right-of-way, without the express prior consent of the GRANTEE. 1. 1-/o? I~ ,l oo 6rf-( B,7~1f'5fl Npv-11-02 10:43A J. 1 • Obourn, Jr. & Co. 3('-734 8980 P.03 The rights herein granted may be assigned in whole or in part and the tem1~, conditions and provisions hereor shaJi extend to and be binding upon the heirs, executors, administers, personal representatives, successors and assigns, of the parties hereto. GRANTEE covenants and agrees to indemnify and fhrcver hold harmless the GRANTOR against eat::h and every Glaim, demand or cause of action that may be made or come against him by reason or in any way arising out of any defect, imperfection, operation, maintenance or constru.ction of said pipeline. GRANTEE hereby agrees to hili)' all pipe to a sutlicient depth so as not to intertere with cultivation of soil and to pay any damages which may arise to growing crops, existing buried telephone line(s) and fences from the construction, maintenance and operation of pipeline and related facilities constructed under the terms of this grant. The consideration received for this easement includes payment for the nonnal damages caused by the initial construction of the pipeline and its appurtenances and temporary use of existing private road to access the Right of Way, Grantee rurtber agrees to install 12 foot ste~l gates at all fence crossings and to grade and restore existing access road used to access construction areas upon completion of construction. GRANTOR shall not interfere with the exercise of GRANIEE' S rights by constructing or permitting to be constructed any permanent structure upon the casement strip herein conveyed and GRANTOR further agrees not to change the grade, remove dirt from the suTface of the easement or impound water over the easement without prior written approval of GRANTEE. GRANTRB, it's contractors, subcontractors, agents and or assigns agree to comply with the construction considerations and requirements as shown on Exhibit "B" attached hereto and made a part hereof. It is mutually agreed and understood that this A~o:reement, as written, covers all agreements and stipulations between the said parties, and no representations or statements, oml or written. have boon made mQdifying, adding to, or changing the terms of hereof. · IN TESTIMONY WHEREOF, the GRANfOR, herein have executed this conveyance this day of GRANTOR(S): BATTLEMENT MESA PARTNERS BY; __ ... 4 Thomas B. Beard l'resident and General Manager Now-11-02 10:44A J. L. Obourn, Jr. & Co. THE STATE OF COLORADO) COUNTY OF GARFJELD) 30-734 8980 This instrument was acknowledged before me on the i?.l_<Jay of .• f?..t:.: Tn~t,e, 2002 helure me, a notary public, in and for said county and state, penmnally came the above-named Thomas B. Beard, President and General Manager of Battlement Mesa Partners, who is personally known to me and known tn be the identical person whose name is affixed to the above instrument to be his voluntary net and deed. My Commission Expires: }1--?<C- '· P.04 ,, .. __ . .-: ... . -- .• ~ ........ ,. -::: -~ . . , j ·:. ~-""'-/' . ·----~'-- r~\ • -r-'' /1 -...._ : ... __ "'-..... '• ·-· --~ i' .. '' .t' __ , , . i' . \i '--~ ' '· I .,. . UJ ·-. c _.· .. . . ; .. . '· I. tl II A . ---..__ '\• ·,.- "'--:_::_/" ' . :/~ I I i !. "-c:ordediiiL_o'clocfw --f:2__M . f,:J ·d-./ -J'f .aption No.·.~-~.·., '·r/'/LSOGRF. RI!:COf!DE,. 800« ?69 ~JCE518 GARFIELD GAi'lFIELU COUNTY, COlORADO St&to Doc. FM SPICIAL !J'!~Y DIID '-/50.'!- BATTLEMENT MESA, INC., a Delaware corporation, with an address of 800 Bell Street, Houston, Texas 77001, for the consideration of ten dollars and other good and valuable consideration, i~ hand paid, hereby sells and conveys to BATTLEMENT MESA PARTNERS, a Colorado general partnership,·with an address of 5575 DTC Parkway, Suite 300, Englewood, Colorado 80111, the real property located in the County of Garfield, State of C~lorado, more particularly described in Exhibit A attached hereto and incorporated herein, with all its appurtenances, and warrants the title to the same against all persons claiming the whole or any part thereof, by, through or under the grantor, subject to the matters described on Exhibit B attached hereto and incorporated herein. .. , ATTEST: SIGNED this ~0~ day of December, 1989. BATTLEMENT MESA, INC., a Delaware corporation By: 0(( ~ie~~~~~t~o~n~g~eer~,-vv1icc~e~---~~ STATE fJF COLORADO ) COUN'j:Y OF ARAPAHOE ) ss. ) The foregoing instrument was acknowledged before me this ,;,Qih day of December, 1989 by R.i.eaa!'d A. Stonger as Vice President and John c. Moline as.secretary of Battlement Mesa, Inc., a Delaware corporation. !../1-c.;::J. WITNESS my hand and official seal. My commission expires: MM'SD/.U.t, eoo~ '769 r~~:519 EXHIBIT A (Attached to and made a part of Special Warranty Deed dated as of December_._., 1389, executed by Battlement Mesa, Inc.) LEGAL DESCRIPTION A parcel of land lying in s~ctions 5, 6, 7, 8, 9, 10, 16, 17, 18, and 19, Township 7 South, Range 95 West and Sections 13 and 24, Township 7 South, Range 96 West, of the sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at the East 1/4 Corner of Section 5, Township 7 south, Range 95 West; Thence along the East line of Section 5 south 00'15'43* West a distance of 1628.34 feet, to the Southeast corner of the Nl/2 NE1/4 SE1/4 SEl/4 of Said Section 51 Thence along the South line of the Nl/2 NEl/4 SE1/4 SE1/4 North 87'19'30R West a distance of 664.56 feet, to the Southwest Corner of said N1/2 NE1/4 SEl/4 SE1/41 Thence along the West line of the Nl/2 NE1/4 SE1/4 SE1/4 of Section 5, North 00'23'16* East a distance of 324.34 feet to the Northwest Corner of said NE1/4 SE1/4 SE1/4; Thence along the North line of the SE1/4 SE1/4 of said section 5, North 87'26'14• west a distance of 663.79 feet, to the Northwest corner of said SEl/4 SEl/4; Thence along the West line of SE1/4 SE1/4 of said Section 5, South 00'30'52• West a distance of 1292.05 feet to the Southwest corner of said SEl/4 SE1/41 Thence along the South line of said Section 5, South 86'59'25• East a distance of 1333.74 feet to the Southeast Corner of said Section 5; Thence along the North line of Section 9, Township 7 south, Range 95 West, South 87'59'43• East a distance of 1326.37 feet, to the Northeast Corner of the NWl/4 NW1/4 of said Section 9; Thence along the East line of the NW1/4 NW1/4 of said Section 9, South 01'02'26* West a distance of 1301.45 feet to the Southeast Corner of said NWl/4 NWl/41 Thence along the North line of the SE1/4 NW1/{ of said Section 9, south 88'02'23* East a distance of c.24.35 feet to the Northeast Corner of said SEl/4 NWl/4; Thence along the North line of the SW1/4 NE1/4 of said section 9, south 88'35'51* East a distance of 1275.60 feet, to the Northeast corner of said SW1/4 NE1/41 Thence along the West line of the NE1/4 NE1/4 of said Section 9, North 01'04'15* East a distance of 1311.84 feet A-1 BOOK 7&J ~ACE52tJ to the Northwest Corner of 'said NEl/4 NEl/4; Thence along the North line of said section 9, South 89"06'43• East a distance of 1274.26 feet to the Northeast Corner of said Section 9; Thence along the E<.st line of said Section 9, South 01'00'49• West a distance of 1323.29 feet, to the Southeast Corner of the NEl/4 NEl/4 ~~ said Section 9; Thence along the North line of the SWl/4 NWl/4 of Section 10, Township 7 south, Range 95 West, South 88'46'55• East a distance of 631.29 feet to a point on the North line of the said SWl/4 NWl/4, 687 feet West of the Northeast Corner of said SWl/4 NWl/4, said point being the Northwest Corner of that parcel of land described in Document Number 198564 as recorded in Book 302 at Page 200 of the records of the Clerk and Recorder of Garfield County; Thence along the boundary of said parcel the following five (5) courses: (1) South 00'49'34• West a distance of 221.67 feet; ( 2) south 48 • 'J9' 56• East a distance of 361.92 feet to a point 456.00 feet, as measured at right angles, southerly from the North line of the SWl/4 NWl/4 of said Section 10; (3) South 89'17'47• East a distance of 166.55 feet; (4) South 00'49'34• West a distance of 201.43 feet; (5) South 89'17'47• East a distance of 246.37 feet; to a point on the East line of said SWl/4 NWl/4 655 fee'. South of the Northeast Corner of said SW1/4 NW1/4; Thence departing said parcel boundary along the East line of the SWl/4 NW1/4 of said Section 10, South 00'54'36• West a distance of 667.20 feet to the Southeast Corner of said SWl/ 4 NWl/ 4; . Thence along the East line of the NWl/4 SWl/4 of said Section 10, South 00'54'38• West a distance of 1315.11 feet to the Southeast Corner of said NW1/4 SW1/4; Thence along the South line of the NW1/4 SWl/4 of said Section 10, North 89'11'04• West a distance of 1323.06 feet to the Southwest corner of said NWl/4 SW1/4; Thence along the South line of the Nl/2 SEl/4 of section 9, Township 7 South, Range 95 West, North 87"19'11• West a distance of 2557.45 feet to the Southwest Corner of said Nl/2 SEl/4; Thence along the South line of the Nl/2 SW1/4 of Section 9, North 88'38'08• West a distance of 2654.44 feet to the southwest Corner of said Nl/2 SW1;4; Thence along the South line of the NEl/4 SEl/4 of section 8, Township 7 South, Range 95 West, North 88"43'49• West a distance of 1331.33 feet to the southwest Corner of said NEl/4 SE:/4 of Section 8; A-2 8110~ 76;) PlC:521_ Thence along the West line of the SEl/4 SEl/4 of Section 8, South 01'20'14* West a distance of 1316.23 feet to the Southwest Corner of said SEl/4 SEl/4 of Section 8; Thence along the East line of the Wl/2 NE1/4 of Section 17, South 01'00'57* West a distance of 2639.16 feet to the Southeast Corner of said Wl/2 NEl/4 of Section 17; Thence along the North line of the NEl/4 SEl/4 of Section 17, south 88'46'04* East a distance of 1324.13 feet to the El/4 Corner of Section 17; Thence along the Easterly line of the NEl/4 SEl/4 of Section 17, south 01'01'24* West a distance of 1320.50 feet to the Southeast corner of the NE1/4 SE1/4 of Section 17; Thence along the North line of the SW1/4 SW1/4 of Section 16, Township 7 South, Range 95 West, South 87'41'13* East a distance of 1330.94 feet to the Northeast Corner of said SW1/4 SW1j4; Thence along the East line of the SW1/4 SW1/4 of Section 16, south 01'03'30* West a distance of 1322.00 feet to the Southeast Corner of said SW1/4 SWl/4; Thence along the south line of said Section 16 North 87'37'18* West a distance of 1330.20 feet to the southwest Corner of said Section 16; Thence along the South line of Section 17, Township 7 South, Range 95 West, North 88'44'01* West a distance of 1984.49 feet to the Southwest corner of the El/2 SWl/4 SEl/4; Thence along the West line of the El/2 SWl/4 SE1/4, North 00'59'11* East, a distance of 1319.91 feet to the Northwest Corner of said El/2 SW1/4 SE1j4; Thence along the South line of the NW1/4 SE1/4 of said Section 17, North 88'45'02* West a distance of 661.78 feet to the Southwest Corner of said NW1/4 SE1/4; Thence along the South line of the NE1/4 SW1/4, North 88'45'02• West a distance of. 1158.58 feet to a point 10 rods East of the Southwest Corner of said NE1/4 SWl/4; Thence North 01'03'04* East a distance of 131.93 feet; Thence North 88'43'44• West a distance of 165.63 feet; Thence North 00'55'58• East a distance of 527.66 feet, along the West line of the NEl/4 SW1/4 t•.> the Northeast corner of the S1/2 NWl/4 SW1/4; Thence North 88'45'33* West 1324.42 feet to the Northeast corner of the E1/2 SEl/4, NE1/4 SEl/4 of Section 18, Township 7 South, Range 95 west; Thence along the North line of the E1/2 SE1/4 NEl/4 SEl/4 of said Section 18, North 88'24'33* West a distance of 329.86 feet to the Northwest Corner of said E1/2 SEl/4 NEl/4 SElj4; Thence along the West line of the El/2 SE1/4 NE1/4 SE1/4 of said Section 18, South 00'53'57* west a distance of 639.61 feet to the Southwest Corner of said E1/2 SEl/4 NEl/4 SEl/4; A-3 BOOK 769 PAGE 522 Thence along the south line of the NEl/4 SE1/4 of said section 18, North 88'26'07" West 3 distance of ~89.84 feet to the Southwest corner of said NE1/4 SE1/41 Thence along the East line of the SW1/4 SE1/4 of said Section 18, South 00'55'21" West a distance of 1320.46 feet to the southeast corner of said SW1/4 SE1j4; Thence along the East line of the W1/2 NEl/4 of Section 19, Tounship 7 South, Range 95 West, South 01'06'34" West a distance of 2642.08 feet to the Southeast corner of said W1/2 11E1j4; Thence along the south line of the NE1/4 of Section 19, North 88'41'12"' West a distance of 1329.89 feet to the Southwest Corner of said NEl/4; Thence continuing Westerly along the South line of the NW1,'4 of said Section 19, North 88'41'12,. West 2570.38 feet to the Southwest Corner of said NW1/4 of Section 19; Thence continuing Westerly along the South line of the NE1/4 of section 24, Township 7 south, Range 96 west, North 89'32'43" west a distance of 2673.12 feat to the Southwest Corner of said NE1/4; Thence along the west line of said NE1/4, North 00'23'55" West 1023.06 feet; Thence North 01'25'42,. East 229.68 feet; North 31'20'39 .. East a distance of 413.32 feet; North 23'57'45 .. East a distance of 196.98 feet; North 03'44'35 .. East a distance of 107.23 feet; North 78'09'48 .. East a distance of 170.63 feet; North 29'11'58 .. East a distance of 807.63 feet; North 41'32'54 .. East a distance of 223.14 feet; Nor-th 43'05'27" East a distance of 127.35 feet; North 45'29'15 .. East a distance of 332.35 feet; North 87'42'34 .. East a distance of 50.04 feet; North 31'06'41" West a distance of 332.88 feet; North 22'45'04 .. west a distance of 336.16 feet; North 39'02'08 .. west a distance of 476.34 feet; North 25'36'08" west a distance of 266.13 feet; North 04'45'49 .. west a distance of 301.04 feet; North 20'21'12 .. East a distance of 330.64 feet; North 30'23'55 .. East a distance of 434.77 feet; North 40'00'23 .. East a distance of 365.55 feet; North 59'27'09" East a distance of 354.15 feet; North 67'50'01" East a distance of 437.32 feet; South 74'03'17"' East a distance of 145.60 feet; North 74'48'51 .. East a distance of 362.66 feet; North 77'02'26" East a distance of 383.98 fE:·et; North 80'16'54" East a distance of 645.06 feet; North 53'05'34" East a distance of 612.80 feet; North 36'59'27" East a distance of 284.20 feet; Nnrth 39'38'39" East a distance of 136.36 feet; A-4 rJ I ll(IGK 769 '.IC£523 North. 18'09'46" East a distance c! 266.27 feet; North 05'30 1 08" East a distance of 219.01 feet: North 35'52'20" East a distance of 298.65 feet: North 09'18'01" East a distance of 290.82 feet: North 09'50'56" East a distance of 292.31 feet: North 31'58'49" East a distance of 241.68 feet; North 18'54'07" East a distance of 271.65 feet: North 23'11'55" East a distance of 380.79 feet; North 09'57'50" East a distance of 375.67 feet; North 06'34 1 55" West a distance of 261.72 feet: North 05'26'?.5" East a distance of 105.48 feet; North 20'08'11" East a distance of 159.76 feet: North 04'25'19" East a distance of 105.19 feet; Thence leaving said Colorado River centerline South 81'08'11" East 415.22 feet; Thence North 01'04'10" East a distance of 485.22 feet; Thence South 88'24'36" East a distance of 83.00 feet; Thence North 53'18'25" East a distance of 635.50 feet to the southerly Right-Of-Way of the existing County Road; Thence along said Right-Of-Way South 43'14'11" East a distance of 55.74 feet; Thence continuing along said Right-Of-Way South 34'04'07" East 107.02 feet; Thence continuing along said Right-of-Way South 15'35'44" East 66.56 feet; Thence North 72'19'16" West a distance of 13.56 feet; Thence South 79'47'18" West a distance of 24.89 feet; Thence South 37'23'26" West a distance of 100.52 feet; Thence South 06'07'27" West a distar.~e of 83.52 feet; Thence North 88'46'43" East a distance of 85.28 feet to the westerly Right-Of-Way of the existing County Road; Thence along said Right-Of-Way the following courses and distances; south 10'11'10" East a distance of 50.84 feet; Thence 244.26 feet along the arc of a curve to the left having a radius of 1611.94 feet, the chord of said curve bears South 02'50'01"' East a distance of 244.03 feet; Thence 331.22 feet along the arc of a curve ~o the left having a radius of 270.10 feet the chord of said curve bears south 42'18'20" East 310.85 feet; Thence south 77'25'36" East a distance of 249.91 feet; Thence South 82'00'16" East 142.25 feet; Thence leaving said county Road Right-Of-Way North 13'52'58" East a distance of 60.00 feet; Thence South 76'07'01" East a distance of 196.00 feet; Thence South 66'03'01" East a distance of 92.80 feet; A-5 BOOK 769 PAGE524 Thence North 64"50'00* East a distance of 12.20 feet: Thence South 86'44'06* East a distance of 201-00 feet: Thence North 01'36'29• East a distance of 650.00 feet: Thence North 86"44'01• West a distance of 359.65 feet: Thence North 01"36'06• East a distance of 469.21 feet: Thane~ North 01 32'15• East a distance of 568.40 feet: Thence North 01'39'14• East a distance of 355.62 feet: Thence North 85"54'03• West a distance of 478.86 feet to the high water line of the Colorado River: Thence along said high water line the following courses and distances: North 13'05'07* East a distance of 307.73 feet; North 06"43'43• East a distance of 896.17 feet; North 19"49'25• East a distance of 613.35 feet; North 42'43'01• East a distance of 426.02 feet; North 56"49'54• East a distance of 1~2.78 feet; North 49"26'57• East a distance of 246.11 feet: North 61"16'18• East a distance of 853.00 feet; North 67"09'59* East a distance of 206.15 feet; North 69"11'36• East a distance of 267.44 feet; North 87"08'15• East a distance of 320.40 feet: south 73"22'09• East a distance of 80.36 feet: North 88"43'46* East a distance of 541.13 feet; south 88"09'51• East a distance of 312.16 feet: south 82"24'43* East a distance of 155.46 feet: South 84"31'33• East a distdnce of 332.93 feet; South 84"58'17* East a distance of 244.74 feet: North 42"17'27• East a distance of 998.88 feet: North 27"02'16* East a distance of 109.07 feet: Thence leaving said Colorado River High Water Line South 87"53'17• East a distance of 2095.95 feet to the point of beginning. EXCEPTING THEREFROM the following parcels: Excepted Parcel 1 The SE1/4NE1/4 of Section 18, Township 7 South, Range 95 West of the 6th P.M. as conveyed to Edward T. Hoaglund and Ida Lee Hoaglund by deed dated May 13, 1969 and recorded by Reception No. 243419. Excepted Parcel 2 A parcel of land located in the E1/2 NE1/4 of section 9, Township 7 South, Range 95 West of the Sixth Principal Meridian lying south of the centerline of the existing county Road which bisects said E1/2 NE1/4 being more fully described as follows: A-6 RIGHT-OF-WAY AGREEMENT STATE OF COLORADO} COUNTY OF JEFFERSON} Ki'iOW ALL MEN BY THESE PRES EN" · That the undersigned. hereinafter called GRANTOR for ten dollars ($1 0.00) and other valuable considerations in hand paid. the receipt and sufficiency of which are hereby acknowledg·~d. does hereby Grant, Bargain, Sell and Convey to Canyon Gas Resources, Inc., whose address is 7 lQQ East Orchard Road, Suite 270. Englewood, Colorado 80111, (Herein after referred to as GRANTEE), its successors and assigns, the right, privilege, and easement to survey, clear and excavate alan~; a route, to lay, construct, operate, maintain, inspect, test, repair, alter, protect, remove, abandon, or rerlace one 8"' pipeline and one 4" gathering line (to connect the Clem #15-14 and #15-23 we'ls), and ~ppurtenances for the transportation of oil, gas or other substances transportable by pipeline. together ,.·ith all other rights necessary or convenient for the enjoyment of the right, privileges and r asement hereby granted, over and along a Right of Way Easement, shown on Exhibit "A", attache<! h< reto and made a part hereof. The easement shall be fifty (50) feet in width during the peri0d .. f initial construction and an additional temporary workspace of twenty-five (25) feet as may be need<"d. After initial construction has been completed, the easement shall revert to twenty-five (25) feet in width, being twelve and one-half (12.5) feet from each side of the centerline of the pipeline, and which easement is on and across the following described lands in Garfield County, Colorado, to-wit: Township 7 South, Range 95 West, 61h P.M. Section 15: NE/4, SE/4NW/4 More particularly described and shown on Exhibit "A" attached hereto and made a part hereof. The GRANTEE shall have all of the rights and benefits necessary or convenient for the full enjoyment or use of the right herein· granted, including, but without limiting the same to the free right of ingress to and egress over and across said lands to and from said right-of-way and easement and the right from time to time to c-ut all trees, undergrowth and other obstructions that, in its judgment, may injure, endanger or interfere with the use of said pipeline. GRANTOR hereby reserves the right to use said land in any manner that will not prevent or interfere with the exercise by GRANTEE of its rights hereunder, provided. however, that GRANTOR shall not construct, nor permit to be constructed, any house, building, improvements, or obstructions within the permanent right-of-way, without the express prior consent of the GRANTEE. The rights herein granted may be assigned in whole or in part and the terms, conditions and provisions hereof shall extend to and be binding upon "the heirs, executors, administers. personal representatives, successors and assigns, of the parties hereto. GRANTEE covenants and agrees to indemnify and forever hold harmless the GRANTOR against each and every claim, demand or cause of action that may be made or come against him by reason or in any way arising out of any defect, imperfection, operation, maintenance or construction of said pipeline. GRANTEE hereby agrees to bury all pipe to a sufficient depth so as not to interfere with cultivation of soil and to pay any damages which may arise to growing crops from the construction, maintenance and operation of pipelines and related facilities constructed under the terms of this grant. The consideration received for this easement includes payment for the normal damages caused by the initial construction of the pipeline and its appurtenances and temporary use of existing private roads to access the Right of Way. GRANTOR shall not interfere with the exercise of GRANTEE'~ rights by constructing or permitting to be constructed any permanent structure upon the easement strip herein conveyed and GRANTOR further agrees not to change the grade, remove dirt from the surface of the easement or impound water over the easement without prior written approval of GRANTEE. GRANTEE, its contractors, subcontractors, agents and or assigns agree to comply with the construction considerations and requirements as shown on Exhibit "B" attached hereto and made a part hereof. It is mutually agreed and understood that this Agreement, as written, covers all agreements and stipulations between the said parties, and no representations or statements, oral or written, have been made modifying, adding to, or changing the terms of hereof. IN TESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this ~day oHie' ember, 2962., ~ Q, • j1Wl(1Jt.f, ..W3 ~ ~ ~y ~~;~~s l.f D . Harbara J. CJe~/J!Ii 'ALL\" AND AS TRUSTEE OF llJE BARBARA .f. CL'bl LIVING TRUST DATED MARCH 16,1999 /.(s TO AN t:l<[liVJDED IJ/64THS INTEREST STATE OF COLORADO) COU:-.ITY OF JEFFERSON) This instrument was acknowledged before me on the ~day or-do":",~, 2~;{ before me. a notary public, in and for said county and state, personally came the above-namcd Joseph H. Clem and Marian G. Clem, AS TO_A~ liNDt\'IDED J8t64TIIS INTEREST._who are personally known to me and known to me to be the identical person whose names are affixed to the above instrument to be their voluntary act and deed. . HEREOF I have hereunto set my hand and affixed my notary seal the day and year last above ~~ .. --.. " ~-··~u'f-1.9'_t~_. ~ J.Y.Commis~ xp1res: /~v.);((;~..'J.A. ?.U ... j~Jt 7,._;:-~~!!~~9-·~~,? Notary Public in and for o, cO\. 0 The State of Colorado Mr Commission Expirus Oec:amber e. 2007 STATE OF COLORADO) COUNTY OF ~(('~~ ) !Jfl--J~~~~ ~·3 This instrument was acknowledged before me on lhe+-day oPie·,•~ 2ee:!:', before me, a notary public, in and for said county and state, personally came the above-named John C. Clem. Jr., INDI\'IDUALLY A~D AS TRliSTEE OF TilE JOliN C. CLEM. JR. LIVING TRUST DATED MARCH I6, 1999AS TO AN UNDIVIDED IJ/64TIIS INTEREST, who is known to me and known to me to be the identical person whose name is affixed to the above instrument to be his voluntary act_and~ee.Q., pires: -------- ~~~m~LORADO) COUNTY OF 2'£...,-5<:# _ . JjVJUAKJ! .:l.fl"3 This instrument was acknowledged before me on the Ci""day onle1•oml>d:, J!JG;! before me, a notary public. in and for said county and state, personally came the above--;;;(j;;;,d Barbara J. Clem, INDIVIDl'ALLY AND AS TRUSTEE OF THE BARBARA J. CLEM LIVING TRUST DATED MARCH I6, I999 AS TO AN llNDIVIDED tJ/64THS INTEREST who is known to me and known to me to be the identical person whose name is affixed to the above instrument to be his volun nd deed. --. My CommtSSton Expires December 6. 2007 OF l have hereunto set my hand and affixed my notary seal the day and year last above ''"" ~ i.J:il:-'?.cJ.,.I;.J{-Notary Pub he i;. d for The State of Col Prado EXHmiT"B" CONSTRUCTION CONSIDERATIONS I REQUIREMENTS I. Any and all construction vehicles, equipment and materials, while not in use, shall be parked or placed in the within designated construction easements. 2. Grantee and its contractors, subcontractors, agents and/or assigns agree to use only those private roads approved prior to use by Grantor. All ROW and access roads shall be kept safe and in good order, and shall at all times be kept free of litter, and debris caused as a direct result of Grantor's activities. 3. Except for normal and routine maintenance and repair during construction activities, no construction equipment shall be repaired or maintained upon the Subject Lands. No motor fluids will be disposed of on the Subject Lands. 4. Grantee shall be liable, for any injury to persons, property or livestock caused by or incident to the operations of Grantee, its agents, employees, contractors or contractors on the property, or any extraordi- nary damages due to spills of hazardous materials, explosions, or any other harmful activity of Grantee. 5. All operations shall cease at such time as Grantor deems it necessary due to weather, ground condition or livestock issues. No operations shall be conducted in muddy conditions to minimize damage to ground. 6. All gates shall be left as they are found. Gates on the north end of the property may be locked and access must be coordinated with tenants. 7. All open holes, lines and ditches shall be fenced or guarded when livestock are present to prevent loss or damage to said livestock. 8. No firearms, pets, alcohol, or illegal drugs shall be allowed on the property at any time. 9. Grantor shall seed all disturbed areas with the seed mixture listed below. The seed mix1ure shall be planted in the amounts specified in pound of pure live seed (PLS) per acre. There shall be no prim;uy or secondary noxious weed seed in the seed mixture. Seed Mixture Soecies of Seed Western Wheatgrass Bluebunch Wheatgrass Thickspike Wheatgrass Variety Arriba Secar Critana Pounds/Acre PLS 4 3 3 Total 10 lbs/acre PLS Pure Live Seed (PLS) formula: %of purity of seed mixture times% germination of seed mixture= portion of seed mixture that is PLS. I 0. Grantee shall be responsible for weed control in all areas disturbed by Grantee throughout the term of this agreement. Page 2 EXHIBIT "B" CONSTRUCTION CONSIDERATIONS I REQUIREMENTS 11. Any rocks excavated by Grantee shall be distributed or disposed of as follows: Under 6" in diameter-to be scattered on surface of ROW 6'' to 18"-to be buried, excess to be hauled off by Grantee Over 18"-to be placed at road crossings to prevent travel on pipeline ROW, excess to be hauled off by Grantee. Grantor shall be consulted as to quantity of rock placed at such crossings Large rocks from adjacent BLM lands shall not be placed on Grantor's property without consent of Grantor. 12. The ROW shall be returned to the original topography, to the extent feasible, so that there are no permanent mounds, ridges, sinks or trenches. · 13. Notice by either party hereto shall be promptly given orally, and if necessary or possible, confirmed in writing and mailed to: GRANTOR: GRANTEE: Joseph H. Clem 7 416 W. Clifton Ave. Littleton, CO 80128 303-973-5368 TENANT: Canyon Gas Resources, Inc. GRANTEE: 7400 E. Orchard Road (Alternate) Suite 270 Englewood, CO 80 Ill J03-220-7731, fax 303-220-7185 Randy and Teresa Burdick 2862 31 0 Road Parachute, CO 81635-9801 970-285-7523 8080 N. Central Expressway Suite 900 Dallas, TX 75206 214-750-9223, fax 214-750-7120 All operations should be coordinated with Tenants on a daily basis, or as near as is practicable. 14. Grantor shall be provided upon request with a copy of any transfer of ownership of the pipeline or right-of-way. IS. Grantee shall be responsible for coordinating construction activities with tenant and with providing all necessary notices to Tom Brown, Inc., Public Service Company of Colorado, any government agencies, any other easement holders affecting this ROW and adjacent surface owners. 16. Grantee shrill be responsible for the maintenance of any areas disturbed by Grantee, including crossing(s) of Battlement Ditch, Battlement Creek and any roads, fences, culverts, gates and/or cattle guards, including any current or latent damages resulting from construction of the pipeline. 17. Pipeline route shall hug the property line as near as possible along the south line of the southeast quarter of the northwest quarter (SENW) in Section 15. 18. Grantee agrees to provide Grantor with surveys and plans of the pipeline prior to construction and "as built" surveys after construction. The provision of a full and complete "as-built" survey is a material requirement of this Agreement It shall be Grantee's responsibility to record necessary documents in Garfield County, and to provide Grantor with copies of recorded documents. .1 ( lllllllllllllllllllllllflllllllllllllllllllllllllllllll 549301 07/23/1999 01,00P 81141 P604 ~ ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO WARRANTY DEED We, John Colin Clem, Jr. and Barbara Jean Clem, husband and wife, as joint tenants with rights of survivorship, GRANTORS, ofJefferson County, Slate of Colorado, for and in consideration ofTEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid,receipt of which isherclly acknowledged, CONVEY AND WARRANT equally to the John C. Clem, Jr. Living Trust, dated March 16, 1999, and the Barbara J. Clem Living Trust, dated March 16, 1999, GRANTEES as Tenants-in-Common, the following described real estate with all its appurtenances, subject to the 1990 general property lares, patent reservations, euemcols and rights of way, and mineral leases of record, If .any; situated in Garfield County, State of Colorado, hereby waiving and releasing all rights under and by virtue of the homestead exemption laws of the State of Colorado, IG-wit: An undivided JJ/Jlnlb Interest Ju and to: Township 7 South. Range 95 West of the 6114 P M. Section 10: El/Z SWl/4 Section 15: NEl/4, ElllNWI/4, Nl/lSEI/4 Together with all water rights, ditch and ditch rights appertaining to or used in connection with the above described lands, including without limitation all right, title and interest owned by parties ofthe first part in and to the Battl~ot Ditch, being ditch No. 21 in the decrees of Water District No. 45, and the water decreed thereto and used on the above described land under Priority No. 25, 25 cubic feet per minute (ctin); Priority No. 33, 35 cfin; Priority No. 85, 115 cfm; and the water decreed to The Cedar Grove Ditch No. 54 with Priority No. 81 in Waler Distict No. 45 for 180 cfm, the point of diversion for said 180 crfm having been changed to the said Battlement Ditch by decree of Court dated Novemeber 8, 1920, recorded in Book 138 at Page 433 of the records of Garfield County. Alto known as street and number 2862 County Road 310, Paracbute, CO 81635 Except easements, covenants, righls-<!f·way, restrictions, and encumbrances of record. Pursuant to Section JB-30..166 C.RS., an Affidavits of Trust have been recorded regarding the John C, Clem., Jr. Living Trust dated May 16, 1999 and the BarbaraJ. Clem Living Trust, Dated May 16, 1999. The beneficiary ofthCIJohn C. Clem, Jr. Living Trust datc:d May 16, 1999 is John C. Clem, Jr. The beneficilllj' of the Barbara J. Clem Living Trust dated May 16, 1999 is Barbara J. Clem. WITNESS our hands on ~;A ( , 1999. STATE OF COLORADO COUNTY OF JEFFERSON On ..f:..M, 1999, before me personally appeared John C. Clem, Jr. and Barbara 1. Clem, Husband and Wife, known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed for the purposes and consideration herein contained. Witness my hand and official seal. • ~ RIGIIT-OF-WAY AGREEMENT STATE OFCOU>RADO) KNOW ALL MF.N BY THESE PRESENT COUNTY OF GARHF.LD) That the undersign~<.!. hereinafter called GRANTOR for ten dollars (SIO.OO) and other valuable considerations in hand paid, the receipt and sutlicicncy of which are hc::reby ad.nowledged, does hereby Grant. Bargain. Sell and Convey to Canyon Cas Resources. Inc., whose address is 7400 East Orchard Road, Suite 270. Englewood, Colordd\l 80 Ill, (Herein after referred tn a~ GRANTI:ili ), its successor.; and assigns, the right, privilege, and ea.~ment to survey, clear and CJtcavatc along a route, to lay, construct. operate, maintain, inspect.. teltt, repair, alter. protect, remove, abandon, or replace: one pipeline and apputtcnanees for the transportation of oil, gas or other substances transportable by pipeline, toge!hel" with all other rights necessary or convenient for the enjoyment of the right. privil~ and ea.<;cmcnt hereby granted, over and along a Right of Way F..asement.. shown on Exhibit ''A''. all.ached hereto and made a part hereof. The casement shall be fifty (50) feel in width during the period of initial construction an<.! an additional temporary workspace nf twenty-five (25) feet as may be needed. After initial construction has been completed, tho ea.~mcnt shall revert to twenty~live (25) feet in width and which casement is on an<.! across the following described lands in C"'TUr!icld County. Colorado, to-wit: Township 7 South. Rae~e 95 West Sectk!n 20: F.lNFA, SW4 More particularly described and sh\•wn on EAAibit "A" attached hereto and made a part hereof "!be GKANTF.F. shall have all of th~: right~ and benefits ncce:;sary or convenient for the full enjoyment or usc of the right herein granted, including, but without limiting the same to the free right of ingress to and egress over and across said lands lo and from said right-of-way and easement and the right !Tom time to time to cut all trees, undergrowth and other obstructions that, in its judgment, may injure, endanger or intertim: _with the IL~ of said pipeline. GRANTOR hereby reserves the right to use said land in any manner that will not prevent or interfere with the exercise by GRANTEE uf it' rights hereunder, provide<.!. however, that GRANTOR shall not construct, nor permit to be constructed. any house, building, improvements, or obstructions within the permanent right-of-way. without the ~"press prior conl\Cnt ofthe GRANTF.F.. The right~ herein granted may be ;1ssigned in whole or in part and the terms, conditions und provisions hereof shall extend to and be hinding upon the heirs, executors, administers, personal rcpre.~ntatives, successors and assigns, of the parties hereto. GRANTF.E covenants and agrees to indemnify and forever hold harmless the GRANTOR against each and every claim, demand or cause of action that may be mac.lc or come against him by reason or in any way arising out of any defect, imperfection, operation. maintenance ur et>n.~truction of said pipeline. GRANTF.F. hereby agrees to bury all pipe to a sufficient depth so as not to interfere with cultivation of soil and to pay any damages which may arise to growing crops and fences from the construction, lllllintcnancc and operation or pipelines 8lld related facilities constructed under the terms of this grant. The con.~idcration received for this casem:nt includes payment for the normal damllgell cau.~ by the initial construction ur the pipeline and its appurtenances and lem{lOI'aft use of existing private roads to access the Right ofWay. Grantee further agrees to install 12 foot stt:cl gales at all fence c.:ru.~ngs and to grade existing &ccelll roads used to ac~"ll construction an:a.~ upon completion of construction. GRt\NTOR shall not interfere with the exercise of GRANTEE'S rights by constructing or permitting to be con.~tructed any permanent structure upnn the casement strip herein conveyed and GRANTOR further agrees not to change the grade, remove dirt from the surlacc of the easement or impound water over the t:a.'IC!llcnt without prior written approval of GRANTEE. GRANI"EF., it's contractors, subconttactors., agents and or assigns agree to comply with the comttuction considerations and requirements as shown on Exhibit .. l:f' attached hereto and made a part hcteof. It is mutually agreed and ID!d~m~tood that this Agreement, as wriUCn, covers all agreements and stipulation.c; between the said parties, and no nepn..~tations or statements, oral or written, ha~ been made modifying. adding tn, or changing the terms ofheneof. IN TESTIMONY WHCRF.OF, the GRANTOR, herein have executed this conveyance this ~ _ day of -kt..~w+. 2002. GRANTORS: -~ff!:in Alberta R. y~ ~tw~!Y1J?.~ ~~J~~ A an Williams As Joint Tenants THF. STATF. OF Glort"l''"' i COGNl Y OF(~1,J;~ ir \ ) ( ···~···:.. ·, . .,. ,··. This instrument wa.o;. acknowlcdho.ed before me un the .J.Cd:~y of {1~ .. ~\ \-, 2002 bet'brc cnc. !:f. noUU"y J)ublie. in and for uid co1HU~ and :stt~.ll.::. personally Qme th<: above-named A~berta R. Pavton.whu is personally Known tu C'le and k.zh)wn lome to be the ic:l-¢ntical person whose name i5 J.ffi:<e:d roth<! abuvr.: im;trument tube hi~ volunt.vy act and deed. l:-.1 WITNESS WHFRF.OF l have hon:untu •ct my h>nd :md oftixed lily notary «>•I the day and year last above wrinen. ~ty commission E:.:pin:-': Ct::zl ;:;oos ~··'"'"'""'"'• f'R i¥1 (~ £...,,,,). Q~:-::---~,, \"\ CH,.. ~.._ -" · · -1"'>~5::; •...•. ;~~' Notar: Puhl~c ~nand tOr f ~· ··. Th~ S~1rc ot Q,hrr,cOc\ i .' .. oTARy". a • ~ • '~·.PUBL.\C •. ~ " ~ ··.. ..·· ~~ ..... . OF CO.""- TIIF. STA TF. OF .C..O\ br.C:-..J....o..J COUNTY OF ':'xpcm~ e).C(I} This instrument y,;;~s acknowh:dgcd her ore me on the .. ll_day of' ';;, ,u(fi , 2002 before me, a norary public, in and for said county and state. p<::rsonully came the above-named Kand w. Pavtnn, ·,;,ho is pcr.;onnlly known lu m~ and kn~Jv.n to be the identical pcr:;on whose narnL· is arrtxcd to the.: above in_,tnnnent to he his voluntary act and deed. TN WITNESS WHEREOF l have hcn:untn set mr hand and affixed my notary seal the day and yc:u last above v,nttcn, My Cllll , ..... Olt lO, 20ti TIIESTAIT.OF_t!_~t) . ___ J ') , COtiN·:·Y o:: . .jM.l)-4_ .... ) ~cv.-JJ,,c.cs:r~l\-. __ Notary Public in and for The State of C'd "'"S..n This inslrumcm .,.a~ acknowledged bcfi>rc me on rhc fl_dny of f4fJ. . 20tJ:i hct<m: me,-a Notary public, in and for said county and state, p~'T!lonally came tlie above-named Ann Willl•ms • ..,·hn is personally known to me and known to be the identical pcr:;un whose name is a!lhcd to the aho~·c instrument In be his voluntary act and deed. IN \VI'P.o/F:SS WIII'R.I~OF I have hcn:unlo s.:t my hand and affixed n1y notary s~al the day and ycac '·'st above written. AaKd.ta~ Notary Public iJOapd, fur TI1e St:ttc of C4-:{.__.d._ THE STATE OF COLORADO COUNTY OF GARFIELD This instrument was acknowledged before me on the 21st day of August, 2003 before me, a notary public, in and for said county and state, personally came the above-named Wayne Payton, who is personally known to me and known to me to be the identical person whose name is affixed to the above instrument to be his voluntary act and deed. IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above written. My Commission Expires: 8/30/04 Notary Public in and tor The State of Coforacio EXHffiiT "B" CONSTRUCTION CONSIDERATIONS I REQUIREMENTS I. Park on the construction easement not on the grass. 2. Reseed with pure live seed. 3. Pick up all trash whether you dropped it or not. 4. Maintain all equipment in the shop, not on the range. 5. Conduct operations only in dry conditions not mud. 6. Park any and all unused equipment on the RIW. 7. Place construction materials on the easement. 8. It will be Grantor's responsibility to monitor noxious weeds and take corrective action where needed. 9. Leave gates as they are found. I 0. Close, fence, or guard all open holes, lines, or ditches if livestock are present. II. Stop when asked. 12. Use only landowner pre-approved private roads. 13. No guns, dogs, alcohol, or drugs. 14. Reseed with pure live seed. ii . I. I! il !l ' H ii :t ,• j: :i ' li :i ll li ., !I I' :i Recorded e. t.Jfl.22 ..... c 'c loek._./J.._.. M. ·-~~..Y. .. _!J978 .. - Beooption Jo .. 26_~782 Ella Stephen•. Recorder sun.-mrrm NOV 3 "1978 WARRANTY DEED MONA G. GARDNER whose address is 0134 C.R. 303 , City (or Town) of Grand Valley , County of --~G~a--tf717e_l_d __ ~.----' State of Colorado , for the consideration of $ . ___ _ in hand paid, hereby sell(s) and convey(s) to ALBERTA PAYTON and WAYNE PAYTON, as joint tenants h dd 0134 C.R. 303 ( ) f w ose a ress is -------=--~--~----,G~a~rHf~i~~1 gity or Town o Grand Valley , County of ~--~--~~~--~--' State of Colorado , the following described real property in County of ___ G_a_r_f_i_~_r_a ______ , and State of Colou.do, to-wit: the The ~N~, Section 20, Tp, 7 S., R. 95 W,, 6th P,M. Together with a proportionate share of the water rights appurtenant thereto, including, but not limited to, one-half of the grantor'd ~ight in and to the Wandering Jew Ditch. · (Mailing address of grantee·~ . .134 c. R. 303, Grand Valley, CO 81635) with all its appurtenances and warrant(s) the title to the saae, subject to 1978 property taxes and assessments, ease.ents, righ~, ~f way, restrictive covenants of record, reserv8tions contained within the United States patent to the subject property _,3 ~ /1 1 I /;!0 Signed this ....6.2._ day of __,0"'1"...:'2>::.::ilt.,..y.__ ___ ., 19 /0 • STATE OF COLORADO ) COu~TY OF GARFIELD)89 ' . -~; ..... --.... _ The .. le!Y'. · .. 2 7"" foregoing instrument was acknowledged before me this ----~--day ~-......... -'. -.. Octobe.r , 1978 , by Hona G. Gardner . ··.: / ~ . -".J~ ..... •\,\\ i).f.) .. ': ... . ~ ·-> :--<>-i .W~TNESS MY HAND AND OFFICIAL sr:. . :-::::, , ::::·. ''.li!:M~\.~~fssion expires: iffRl(JI}rl/i( •• •.. "1,>,;! . ··,-<'>' . ..'! ,., "Z Nota Public ·· .. ~ or r.l''' .. -··· -1-,-o . ···~ .. · ._, ..... . 496704 B-987 MILDI1ED AlSOORF P-750 uv,02/96 01:28P PG 1 OF 1 GARFIELD CXlUNJY CLERK AND RECORDER "-~ 6.00 DX NOT :: RECORDER'S STAMP THIS DEED. Made this day of June 19, 86, between Mona Go Gardner ,, !i I' oft he County or Garfield and State of Colorado,of the first part, and Alberta R. Payton, Rand W. Payton, Ann Williams, as joint tenants 11 whose legal addreu is I of the County of Garfield and State or Colorado, of the second part: WITNESSETH, that the said partY of the first part, for and in consideration of the sum of 1 rl DOLLARS, ! ,. to the said part Y of the first part in hand paid by the said parties oft he second part, the receiptwhereofia hereby ~-~.~ 1: confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do • · grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assign a forever, not in ! I ! tenancy in common but in joint tenancy, all the following described/l~t/ / ~r/parcel of land, situate, lying and being in I !i il lr ,, the County of Garfield and State of Colorado, to wit: ' Tp. 7 S., R. 95 W., 6th P.M. 160 acres more or less. Section 20: NW11;$El,;, N~~, SWI,;SW~, containing Together with all ditch and ditch rights, water and water rights, appurtenant thereto or used in connection therewith. al&o known All street and number TOGETHER with all and aingular the hereditaments and appurtenances thereunto bdonll'lng, or in anywise appertaining, the revenion and reveniona, remainder and remaindera, rents, iaauea and profits thereof; and all the e11tate, right,litlt', interest, claim and demand whatsoever ol the said part y of the nut part, either In Jaw or II !· 'I I. II ,. ii equity, or, in end to the above bargained premises, with the hereditaments and appurtenances, · .! TO HAVE AND TO HOLD the said premi1e3 above bargained and described, with the appurtenances, unto the ,., iJ' said parties of the 3econd part, their heirs and assigns forever. And the said part y of the first part, for her . self her heirs, executor&, and administrators does covenant, grant, bargain and agree to and with the II II' ::::::;·,'::.:.::::~:~~:~~~~:;~;};~~:::::::::'~::~:~:";: ::~:.;::::~::~:;;;~~~~:~.~~·.:::~;:,~;;;:~~~ ·, .'11 sell and convey the same in manner and form aforesaid, and that the same are free and clear rrom all former and other grants, bargains, sales, liens, taxes, aaseument and encumbrances of whatever kind or nature soever. " ' i li '· I! i' and the above bargained premises in the quiet and peaceable ponession of the said parties of the second part, their :i 'I heirs and assigns, against all and every person or persons lawfully claim in&" or to daim the whole or any part thereof, the said part oft he first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said party of tht' first part has hereunto set herhand seal the day and year first above written. Signed, Sealed and Delivered in the Presence of ~ -------------!SEALJ _______ _jSEALJ STATE OF COLORADO County o( _C'-arfi e1 d The foregoing instrument was acknowledged before methia day of June 1986. by Mona G. Gardner My commission ex~ire!' .lJEt:f, .. ' .. :. ··---·-------·---. -·-· -·-----. -·~-· -·--·- No.92l. WARRANTY DEED TolDtM1'un!o. II II 'I ,, ,, 'I i li " il ·: