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Home My WebLink About1.0 ApplicationSPECIAL USE PERMIT APPLICATION RAI LSBAGK SATELLITE WATER GATHERING GARFIELD COUNTY COLORADO, USA WAGON WHEEL CONSULTING 111E. Third St, Suite 213 Rifle, CO 81650 (970) 625-8433 6697 WAGON WHEEL CONSULTING, INC. i11 E. 3RD ST., SUITE 213 RIFLE, CO 81650 (970) 625-8433 Garfield County Planning Department WELLS FARGO BANK, N.A. WVVW.WELLSFARGO.COM 23-7 /t020 10111t2006 $ "%oo.oo o og o liI o a 6 PAY TO THE OBDER OF FOUf HUndfed and 00/100***********************************************************************************t**************i DOLLARS I Garfield County Planning Department 108 8th Street, Suite 201 Glenwood SPrings, CO 81601 EnCana SUP Permit - Railsback Satellite Water Gth [.00EEq ?n. r: Lo eoooo ?EriEqE tE ill' 5 5l.tt' LETTER OF AUTHORIZATION we, John L. Railsback and Mary H. Railsback, 0058 county Road 333, silt, co 91652, as surface owners of the lands described below, in accordance with a Surface Lease Agreement from John L. Railsback and Mary H. Railsback to EnCana Oil & Gas (USA) Inc., hereby authorize EnCana Oil & Gas (USA) Inc. 370 17 Street, Suite 1700 Denver, Colorado 80202 to submit an Application for Special Use Permit to install, operate and maintain a Water Storage Tank Facility and related facilities on the following described land in Garfield County, Colorado: TOWNSHIP 6 South, Range 92 West,6'h p.M. Section 32: NE/4NW4 DArED: /a-b @J ob(ffi) SPECIAL USE PERMIT ENCANA OIL & GAS, INC. RAILSBACK SATELLITB WATER GATHERING TABLE OF CONTENTS I. SUP Application IL Associated Permits III. Project Description IV. Impact Statement V. Area Topo Map VI. Site Plan & Drawings VII. Legal Description V[I. Assessor Map IX. Proof of Ownership X. Surface Owners XI. Mineral Owners XII. EngineeringStandards XI[. Fire Control Measures XIV. Storm Water Management Plan XV. Landscaping and Reclamation Plans XVI. IJazmat & Spill Prevention Plan XV[. Emergency Response Plan GARFIELD COUNTY Building & Planning Department 108 8tn Street, Suite 201 Glenwood Springs, Colorado 8'1601 Te le p h o n e : 97 0. 94 5. 821 2 F acsi m i I e : 97 0 .384 .347 0 GENERAL INFORMATION (To be completed by the applicant.) Street Address / General Location of Property: 5 miles southeast of the City of Rifle adjacent to Garfield Gounty Road 315 Legal Description: (Facility): NE % NW % of Section 32; Township 65; Range 92W; 6th P.M. Garfield County, Colorado (Pipeline): Sections 5 & 6; Township 7 South; Range 92 West 6th P.M. and Section 32; Township 6 South; Range 92 West; 6"' P.M. Existing Use & Size of Property in acres: Rangeland; & Oil & Gas Development; 0.52 Acres (Facility); 12.8 Acres (Pipeline) Description of Special Use Requested: Construction & operation of a satellite water gathering facility and pipeline for the purpose of gathering produced water from natural gas wells and transferring the water to the Hunter Mesa Water Treatment Facility for recycle or disposal. Zone District: ARRD Name of Propertv Owner (Applicant): John Railsback 0058 County Road 315, Silt, CO 81652 on behalf of: EnCana Oil & Gas (USA) lnc. Address: 2717 County Road 215; Suite 100 Telephone 970-285-2600: City Parachute State:Colorado Zip Code:81635 FAX 970-285-2691: Name of Owner's Representativen if any (Attorney, Planner, etc): Wagon Wheel Consulting, lnc. Address: 111 East 3'd Street, Suite 213 Telephone:970-625-8433 City:Rifle State: CO Zip Code:81650 FAX: 970-625-8435 Special Use Permit va o STAFF USE ONLY Doc. No.: Date Submitted:- TC Date: Planner:Hearing Date: o o I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to allthe 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). lnclude 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 witn tne proposed use, and provisions for electric power service and any otherproposed utility improvements. Be specific. Z. 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. lf 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. lf you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all minerairights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). ln 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. lf 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) Stieet 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 bf tfre loi 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 & 5.03.081, 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://rrvurw.garfield-county.com/building_and_planning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. lt 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 ietter indicating the application is complete. ln 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. (lf 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. ) S. lt is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. lf 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 post-ed 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 mult take place at least thirty (30) but not more than sixty (60) days prior to thJhearing 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. ln 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. lf 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 to the best of my knowledge. (Signature of applicanVowner) Last Revised: 1 1 tO7 l2oo2 o o o GARFIELD COT'NTY BUTLDING AI\[D PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hotrs of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may ."q,rir" additional biliing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective poritioo, combined with an hourly overhead cost for the office will be used to establish the actual cost of County stafftime devoted to the review of a particular project. O."*4 staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications witl be accepted for processing until the outstanding fees are Paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payab[ to the Garfield Countv Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreemenf') set forth below. The Agteement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be sigued by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COT]NTY BUILDING AND PLANNING DEPARTMENT BASE FEES O n" following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County stafftime or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE, Vacating Public Roads & Rights-of-Way Sketch Plan Preliminary Plan Final Plat $2oo Amended Plat $loo Exemption from the Definition of Subdivision (SB-35) $300 Land Use Permits (Special Use/Conditional Use Permits) . Administrative/no public hearing $250 . Board Public Hearing only $400 . Planning Commission and Board review & hearing $525 Zontns. Amendments O t Z_oneDishict map amendment . Zone Distict text amendment . Zone Distict map & text amendment . PUD Zone District & Text Amendment . PUD Zone District Text Amendment Board of Adjustment ' Variance . Interpretation Planning Staff HourlY Rate ' Planning Director ' Senior Planner . Planning Technician . Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Mylar Recording Fee BASE FEE $400 s325 $6ZS + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $4s0 $300 $s00 $s00 $500 $50.s0 $40.s0 s33.7s $30 Determined by Surveyor$ S11 - I't page $10 each additional page s250 s2s0 Page2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. AII applications shall be submitted with a signed Agreement for Payment form set forth below. 2. Cognty staff shall keep accurate record of actual time required for the processing of each land use application,zoningamendment, or subdivision application. Any additional billing will occur commensurate with the additionJ costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zomng amendment, or subdivision plan. Alladditional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final plats, Amended or Corrected Plats, Exemption Plats or Perrnits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the irnal consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of .,procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staffrate listed above. g. The planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. g. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COT]NTY BTITLDING AI{D PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with applic ation) GARFIELD COUNTY (hereinafter COIJNTY) and Waeon Wheel Consulting.lnc. (hereinafter APPLICANT) agree as follows: 1. AppLICANT has submitted to COUNTY an application for Railsback Water Gathering Faciliqv Qrereinafter, TTIE PROJECT). Z. 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 futl 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 perrnit additionat costs to be billed to APPLICANT. APPLICANT agrees to make additional payrrents upon notification by the COI-INTY when they are necessary as costs are incurred. 4. The Base Fee shau be in addition to and exclusive of any cost for publication or cost of consulting 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 inifial Base Fee, APPLICANT shall pay additional bitlings 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 silsadment, or subdivision plan' APPLICANT Date: 1011!l!6 Rifle. CO 81650 fit2004 Page 4 ,T:^^u t^t Q, ,'f-A Print Nafoe o o o ENCAN[A,- En0ana Oil & Gas (USA) lnc. Mark Thrush Operations Engineer Encana Oil& Gas (USA) lnc. 277 Counly Road 215, Suite 100 Parachute, CO 81635 tel: (720) 876-5012 fax: (970) 285-2691 Mark.Thrush@encana. com wvvw.encana.com October 6, 2006 Mr. Fred A. Jarman, AICP Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Agent Authorization Mr. Jarman, Wagon WheelConsulting, lnc. (Jimmy Smith) has been retained by EnCana Oil & Gas (USA) lnc. to request a Garfield County Special Use Permit for the Railsback Satellite Water Gathering Project located approximately 5 miles south of the Town of Rifle, Colorado. I authorize Wagon WheelConsulting, lnc. to act as agent on my behalf. Please call me at720-876-5012 if you have any questions or concerns. Sincerely, ?4 Garfield County Road and Bridge DePartment P.O. Box 426 Rifle, CO 81650 Phone-(e70)62ffi01 Fax- (970)6?,5'ffi27 FnConc 0,1 & Go,"q SEP o I 2006 Bill To: Invoice Driveway Permit Numben GRB06-D-95 Invoice Date: W9/200G Encarra Oil artd Gas(USA),Inc' 2717 CR2t5 Suite 1'00 Parachute ,CO 81635 Ddveway Permit Feel Total Due; Thank You! r'{ O $75,00 per DrivewaY Permit. i lJ lErld ]?Oldf, {l.lY 0utlu re gElag r T : Ig 'Jr1al, /61/Erl $75.00 percon ohtaining Petmit: Encana oit and Gas(usA)' Inc, Appttcation Date: U29n006 County Road Number: 315 hereby requests permission and authority from the Board of courrty commissioners to construct a driveway approach (es) on the right-of-way off of counry nora, rri ioid n uo.tt of gsi/ 315, located on the Eeq! side of road for the purpose of obUining acces$ to ProP€flY' Annlicant submits herewith for the consideration and.approval ofthe Board of counfy Commissioners, a sketch of the i[tp"l-d't"r*iiuio" *r,"*ing allthe necessary specification detarl including: '- -'1.- Frontage of lot along road' 2. Distanfe from centerline of road to properfy lino' 3. Nunber of drivcwaYs requestcd 4. Width of proposed driveways and angle of approach S.. nirt*"" irom driveway to rof,d interscction, if any' ' ' ' l' i. S"iriliri;;;i*.a separating drivewaysif morc than one approach' l i. S*tU*t distance oit itaing(s) ird other strucure improvements. E., NO unloading of equipment On county road" any damage caused io counry road will be repaired at subdivision expense, A . ..--9. nJsponsiblefortwoyearsfrom the date of completion' General Provirions l) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for ttre bona i;;G;; oi r""rring flcc€ss to his property and not for the purpose of doing business or servicing vehicles on the road right of way' 2) The applicant shall furnish all tabor and materials, perform all work, and pay all costs in connection with the construction of the driveway(s). Allwork shnll bacompleted within thirry (30) days of the permit date' 3) The type of construction shall be as designated and/or approved by the Bolf of county commissioners or their representative and all materiats used shail be of satisfaciory quality and subject to inspection and approval of the BoaraofCounryCommissioner$ortheirrepresentative' 4) The traveling public shall be protected during the installation with proper warning signs and.signals.and the Board of courrty commissiorr.r, uni their duly upp-oint.o agents und emiloyee shall be held harmless against any action for personal injury or propeffy damage rusiaineO by any reason of the exercise of the Permit' 5) The Applicant shall assume responsibility for the removalor clearanoe of snow, ice, or sleet upon any portion of the drivewav "ppr*"r, f"ri.uilirr"*gh ieposited on th6 driveway(s) in the course of the county sttorv removal oPerations. Permit Number: G RB06*D'9 5 Termination Date: gngn 006 Inspector: J*e MaIIDistrict: SIH Garfield Coun ZB ]5Vd :3flr,!E 0t'lv df[d L ggf;z,g zr:rB {4tlZi1alEtl 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fenci is cut to prevent any slacking of the remaining fence and all posts and wire ,e*or"d shall be turned over to the District Road $upervisor of the Board of County Contmissioners' 7\ No revisions or additions shall be rnade to the driveway(s) or iu appurtenances on the right-of-way without written permission of the Board of County Commissioners' g) ptovisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Carfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hertof' g) Final inspection of drivewey will be requlred upon completlon and must be tpproved by person issuing pormit or repreeentative of persort tttulrtg permit' The inspectlon and iign offmurt be done prior to my C0 from the Building rnd Plannlng Deptrftrent being issued- Snecinl CondiEo[si l. DrivewaY Width- 100 ft 2. Culvert required? True Size: 24Inch by 100 3. Arphalt or concrcte pad rrcquired? True Size of ped: ltx) x 20 r 4 in thick {. Grtvel portion required? True Length: 100ft 5. Trees, brush and/or fence need to bo removed for vhibility? F'alse 6. Dirtance and Direction: 7, Certified Trnffic Control Required? Fahe { ' 8. Work zone signt required? True In signing this application and upon reoeiving authoriaation and permission to install the driveway approach (es) . descnbed herein the Applicant signifles that he has fead, understands and accepts the foregoing provisions and conditions ;Jusr** to construct the driveiva*'r;iil:t#;."I[:Jl&-&ffi[lrdi:r'rT"incation pran reviewed and approved Signed:- Addrest: Telephone Number: permit granted g/2911006. subject to the provl$ions, rpecilications and conditions *tipulated herein' 're of Garfteld Ccunty Road anC Eridge Signature EA fSfd :-1l[Iuf, (]N? (t0a iZgEEZt a1:lr1 1E1AZ/F,Z/Et4 o 4. 5. 6" l.A driveway approach is understood to be that portion of thccounty road righrof way betwcen th'e pavement edge ;;J rh* p.Jp"rrv line that is designed and usedforthc interchange of traffic between the roadway and abutting proPerty. At iny intersection, a driveway shall be restricted for a sufficient distance from the intersectiofl to prcserve the normal and safe *ou"**n, of-traffic. (It is recommcnded for rural residence entrances that a rninimum intersoction "l*r*unc" of iO r.o be provided and for rural commercial entrance$ a m inimum of 100 feet be provided.) All enpances md exits shall bc so located and corrsffuctd that vehicles approaching or using th,em will be able to obtain adequate sight distance in both directions along the county road in order to mafieuver safely and without interfering with county road traffic. The Applicant shall not be permined to erect any sign or display materisl, either fixed or movable, orl or extendirrg over any portion of the county road right-of-way' Gonerally, no mor* than one approach shall be allowed any parcel or property the frontage of which- is less thart "^"-t,rnir*a (100) fegt. Additional enrances or exits for parbels having a frontage in excess of one hundred 100) i".t ,fr"fi Ue permitted only after showing of actual sonYenience and necessity' All driveways shall be so located that thc flared portion adjacent to the traveled way will'not encroach upon Note: This permit shall he made ayailable at the slte wher_g md when work is being done-,L w9'rk sketch or d*wing of tf,e proposed driveway(s) must sccompany appllcation, No pennit will be issued rrithout drawing' blueprirt, or sketch. 7. No oommercial driveway shall have a width greater,than thirry (30) feet measursd at right Tgles to the. centerline : of the driveway a*.ur rlr in"r"*"d by pormiisible radii. 1.,[o noncommercial driwway,shall have a.ryidtlt greater tt* tr"nry (Z-Ol fect *"asured at riglit angles to the certerline of the driveway, excePt as increased by permissible radii- g. The axis of an approach to the road may be at a right angle to the centedine of the count5r road and of any angle between ninety leojaegre"= and sixty (oo; a"gr""*r but shall not be lcss than sixty (60) degrees' Adjustment will be m^Ae accordingio,[u ryp* of traffic to be served and other physicel conditions' g. llltre constructiorr of parking or servicing areas on the county road right-of'way is specifically prohibited' Commercial establisim*nt fo. ousto**. vehicles should provide oflthe'road parking facilities. 10. The grade of entrance and exit shall slope downward an{ away from the road surfacs at the same ratc as the normal shoulder slope and for a distanci equal to the width of the shoulder but irt no ca$e less than twenty (20) feet from the pavement eclge. Apprmch grades are resricted to flot more than ten percent (10%)' I t. All driveways and rpproaches shall bo so constmcte.d that they shall not interfere with the drairrage.systern of thc stroet or county roi.'Th* Applicurt will be required to providc, at his own exPense, drainage structures at entranaes and Lxits, which wiil become an integral part of the existing drainage system' The Board of county cornmission"o o. ih.i. repres6ntative, prior tolnstallation, nrust aDprove the dimonsions and rypes of all drainage struoturB$, FE fSVd f3(IES IJNV O.?[U LZ1F,BZ1 E T : IE 9T:.JEZ /6E I,8O Suecifications Garfield CountY FnCono 0,t & Gos sEP 0 s 2006 Road and Btidge DePartment F.O- Box 425 Rifle, CO E16S0 Ittone-(e70)52ffi601 Frx- (970)525-E627 UtilitY Permit Invoice GRB06.U-113 Invoice Date:Invoice Number: Bill To: we/2006 Encana Oil and GaePSA),Inc' 27L7 CR215 Suite 100 Parachute ' CO 81635 Utility Permit Numberr GRB06-U-I13 UtiHty Permit Footage 100 Utility Permit Fee: Footage times $.25: Total Duel $175.00 Pleaee Remit PaYment, Promptly, to the Above Addrees' Thank Youl $150.00 $2s.00 !B lSVd 330rua 0NV ilft]d lr I ErEr I EI IIB lBgZ/6ZI8A ADDllcant Name: Encana Oiland Gas(USA)' Inc' .nliresa, 2717 CF-215 Suite 100 Parachute, CO El6J5 Type of Irrstsllation: ut"iiiiyir.ntt Purpose: Electrical Service Length of tn*tallation: 100 feet county Rorrrl 315 n*ri.ri toieisection Lr rddressr 333/3l i Distsnie from Intercectlon or Addresr: 1600 ft Direction from f"i"*ti*iio, or Address: North Slde of Road; Wcst [*trtn"t*A Coot Permlt Humber: CRB06'U-I I3 Request for pcnnission to make the above installation at the location specified is hereby granted, subject to the fotlowing terms' conditions and spocial provisions: l. lt is underBtood that the Applicant will cause thc installation to be made ot no expens€ whatsoever to Garfield county and thar the App;;;;iiiown'nna mainrain the inst8tlation upon completion of work 2- The Applicant ehall maintEin rhe irrsrallation at all tiffies ard agrees to hold harmless the county of Garfield arrd its repres€ntatives, agonts o, **ployrur'fi'#;;#;ffi;,[,y:ig;; i;J+T"gc which mav arise out of or be connccted with the instsllation, maintenance, altcration, removal o, prrrrn..if the installation above dessribcd or any work or facility ,"*.","4 ti,tiil"iii, wi$rin the area covered by this permit' O , The entire installation repairs and clean up shall be completed prior to; gt28l20o6' 4. The travcling public shall be protected durirrg the installation with proper waming signs or signals both day and night' and wanring signs and signals shall be lnstirea b"v and at the. expense or$e appticrnt and in accordance with directions given by the Board of county conrmissionerr-o*i"i, i.presentative.'-N;oprn *rn,ir, shall be pe rmitted in the traveled roadway aftcr aark" unr*s otierwisc specified in thr special Provisions bclow. s, If the Board of county commissioners so requires, Applicant shallrnark the installation at the designated locations in a marurer acceptable ;il;;;J ;f counry commissioners or their Representativc' 6, In the evertt any changes are made to this counry road in the futurc rhu worrld necessitate removal for relocation of tris installation, Applicani will do so promPtty at its own expeme upon written requost from the Board of County commissioners. The courrty will not u. 1_.lnonriure.for any danrage that may resutt in the maintenance of the county road to trttit*tio" placed inside Public Right-of-Wa/s Limits' 7 . Applicanr will be required to_shur 1ft'linelcnd remove all combustible rnaterials from the right'of-way when requested to do sobyTheBoardofCountyCommissionersbecauseofneco*saryroadcousfiuctionormahtenanceoPeratio}rs' E. where the installation cro$ses the roadway, it shall be encased in pipe of larger diamcter and the crossing shall be as nearly oerpendicular t" il,;;;;d,r;;as physicarly ;;ffitl Thirioru[*tlor *rtall bi installed bv the rnethod of boring or jackirtg through beneath the road suiface, ho*.r*.,L-p"n cut shai.i be fli31ved up io the edge of the iui-faced portion cf "he county road, No *"t*, ,t ^it'i. ,J in the boring, un'Jno tun"uring shall be pemrittod. If boring is not succcssful then srranget''lents should be establishei*ittt't'* C"unry foi possible excavetion methods' g.Wheretheinstallationclossesanyditches,canal$orwatercarryingstructures'whereverpossibleitshallbepushedthrough and beneath a pipe of larger diameter thereuy-eliminatirrg the neceisrty of trertching with a ntinimum bury of 4 foot' lrr no case sha, the flow of water ever be impuir.i o.'*iu*rp[4 wittrout a'rraigene ntslavittg been tnade with tlte effected water comPany or ditch assqciation' 10. The installatio n nrust be accomplished in accorrlance with accepted good practicer^jnd ::"l.'nn to tht rcconrmendtrtions of the National Elect'ic safety code and to such colorado st&tues as aE appii"aure. The ab.ve-described utititY Trcnch sl'rall Garfield Coun lCJ ]5Vd l!(IU,q tlNir rlfrlE lzgEqdg Zr:ra lagzial,laB be installed beneath thc aurface of the right-of-way at a mininrum depth of 5 ft and the disturbed portion of the right-of-tvay will be restorrd to its original condition. dny backfitling in thc roadway shall be made in six-inch lifts and mechmically tamped und packed and the last twelve inchcs of backfill shall be of stablc granular material such as crushed rock or gavel- I l. Applican t shall be responsible for uty repairs to roadway or right'oFway necessitated by tre installation, 12. Applican t's instagahqn shall be made at a location mutually agreed upon by Applicant and the Board of Comnissioners or tt cir represcntative, and in accordance widr details and specifications shown on the construction plans, a copy of which shall be furnished to Garficld County' 13. Applicarr t shall inform the Board of County Commissioncrs of consurction methods, equipment and operational procedures thaf witt bo rrtilizrd and shall obtain the occurrencc of thc Board of Courrty Cornrnissioners. 14. Applican t shall advise the Board of County Commissioners or their representative.s at least 48 hours in advance of the time at which work on the installation wlll commence, 15. A ny materisls from excavation as the result of the installation will be removed from the road way surface each day. 16. Under no condition i s an asphalt surface to be cut unless otherwise specified in the attached Special Provisions 17. Where rcference is made herein to the representative of fte Board of Counry Commissioners, such representative shall be thc Distict Road Supervisor, unless otherwise specified in writing by ttre Board of County Comrnissionor$- lE. This penni t shall bc valid during the estimatcd constflJstion schcdulc set fofth above. Neither the Owner, nor the Applicant shall conduct any work pusuant to this permit at anytimc other than that sct forth irt the estimatcd cottstruction schedule. IN tHf, ROADWAY BETWEEN THE DITCHf,S 95% COMPACTICIN, EETWEEN DTTCH AND FENCE LINE 85% COMPACTION. TRENCHLINE INEIDE ROADWAY, LAST LIFT NEEDS TO BE:2 FT. OF CLASS 6 ROADBASE APPLICANT WILL BE REQUTRED rO MIIruTEIN THE AREA TVHf,REIN UTILITY INSTALLATION IS MADE DURING CONSTRUCTTON AND TWO YIARS AFTIR ionnrlnrtoN DATE. IT wILL BE rHE AprLICANT's RESPoNSIBILITY, wHEN REQUESTED, To SUPPLY AT THE jirltcANT's ExpENSE, coMpAcTIoN Tnsrs lND REsuLTSor rrsrs roRM A LICENSED PR0FESSIONAL ENGINEER- Speclrl ProvisionB: l. For road bor€, roed bore wlll br attempted 3 ttEef before rrrd operi rotd cut will be psrmitied or boring tool is stuck permlt holdsr will contnct pcruor irruing permit prlor to cutting road *urface. 2, InstEllationc withirr in thc county Right-of-t'Yoy over 1000ft In length requtr€ a sufYey rnd Bocc Approvrl rnd ag- bullt upon comPletion. 3. Type of Bnckfill: Roedbrce If back lill is road bneg or excavrted mnteriql, backfill will be compacted to 95% with *"ie, to lnctude shoulders, drainage dttches and plts uced for road bore, All rocks l0 inches or larger will bc removed from site- No wet matulal removed from etclvttlon wtll be uced for backJlll- 4, Arphelt Replacement: True. If true, asphalt will bc 4 incher of hot compacted asphalt Asphalt will be ssw cxt X reet lrryer than excavation area. Replacement of asphtlt wlll bc I lant mlnirnum wldth the size of the cut or full road wldlh lfthe cut crols€s the centerline ofrosd. S. Replacenrent of Magneslum Chloride Surfacrr Fabe. If true, percon issuing pertnit will give speciflcttion on replacement. The lcngth otthe ronrl surfuce damaged by utility instsllation willrequire replacemenL This will include the hauling of equlprnent and materisls' Certilied Tralflc Required? True Work Zone $igns Requlred? True7. E. 9. of C,iunt;r Cornmissioners of LB l9trd f5:rlIilg (]|.lV Obtllu l[gEEeg Z1:U] lq?i-/F.Z/eq In accepting this perrnit the undersigned, representirrg d:e Applicart, vmi(i6s that he has rcad and understands all of the foregoing provisions: that he il rl,;;"ti;;iiryTo rii, ioiona uii ttrr Applicanu and that by vimre of his signature, the Applicant" is bound by all ihe conditions set forth herein' Qr" couNTy DoEs Nor vERrFy rHAT THERE rs AN ExrsrlNc couNTy oR puBLIC RrGHT-,F-*AY *ITHIN D pLAcE p*oposED urrl-rry. rHE ippiidlur Is REsPoNSIBLE F'oR vERIFYING THE EXITENCE oF ALL .SdU.SARY RICHT.OF'.WAY FOR THE PLACEMENT OF THE UTILITY' UtilitY Permit APPlicant: : Encane Oll rnd Gas(USA)' Inc. E[1 ]3Vd :*qrlldE (tlV [?DU LZ1AEa1 ZI: IB lgq(,/62lBB Gnrfleld County Rond and Bridge Department Special Provisions for Excayntion of Road Surfrce and Installation Utlltty Permlt Number: GRB06-U-I 13 Inspsstor: Jake Mall Applicant: Encanr Oilrnd GI{USA)' Inc. Sub-Cortrector: I.Any oversized material (larger than l0 inches in diameter) that is not rrtilized in backfill will be removed from site by Applicant. Fufiher, Applicant will remove any frozen matfrial ftom site- When a paved or chipped surface is cut, it is to be replaced with a minimum of three (3) inch hot mix asphalt parch. A temporary patch with cold mix asphalt would be allowc4 which would be replaced with hot mix asphalt when the weather or availability of materials allows the work to be compluted. An asphalt or chipped surface cut would require the rcad to be sraight cut and squared by means of a pavement cuttcr or saw. A chipped surface cut will require a s€al coat of the patch that will be full width or half width of roadway wh6n rcnches run with the road, For trenches auoss the road, the edges of dre sesl coat will overlap the existing edge. All Seal coats will overlap edges by a two-foot minimum to insurc adequate seal over the undisturbod portion of thc roadwqy in the vicinity of the excavation. Asphalt hot mix or cold patches will be complcted in a maximum of five working days, weather permitting' Whcn possiblc, all insElhtions should avoid the top edge of a fill slope' tnstallation in drainages subject to flssh flooding will havc a minimurn bury of four feet deep that normal flow line at ncarest abutfficnt, wing wall, or fiIlvcrt. Installations at culverl crossings will be buried beneath thc orlvert with a minimurn separiltion of I8 inchcg bctween insta[atiofl and the bottom ofthe culvert Open trenches adjacent to the raveled roadway shall bc backfillcd daily to within I00 feet of the working area of the 8ench, and sha1 be baniiaaea with warning devices after dark. A 3 foot high orange plastic fence will be installed daily to keep livestock out offte open tench after hours, In areas being disrurbed where vegetation is establishe{ reseeding with a mixrure either by broadcasting, drilling, and mulching witii seed rnixtures suitable to the climetic conditions or existing vsgetation will be perforrned. Use only cortified wcod-ftec sccd, Noxioug wced control will bc ongoing dong with rc'veg€tation' Encana Oil and Gas(USA), Inc. 3, 4. 5, 6. 1. The Applicant should check the right-of-way of surrqunding landowners to see if other permits aru required, I'E', BLM, 6E fSVd l:,0Itg (t'{v tlVtr,l LZI1EZS eI : TB 97si,/62/88 Forust 2. PROJECT DESCRIPTION EnCana oil & Gas (USA) lnc proposes to construct, operate, and maintain a satellite water gathering facitity on 0.52 aires of Railsback Property, to be located approximately 5 milei southeast of the City of Rifle, Colorado, and adjacent to Garfield County Road 315. The proposed facility will physically be installed on a new pad site in Neli4 Nw1/4 of Section32, Township 6 South, and Range 92 West within the area commonly known as the East Hunter Mesa area The intended use of the facility will be to gather produced water by trucking the water from surrounding wells into a nearby, centralized gathering facility. The water will then be transferred, via a proposed 4 inch flex-steel pipeline, to be located in Sections 31 and 32, Township 8 South, Range 92 West. The proposed pipeline will terminate at the existing Hunter Mesa Water Treatment Facility located in Section l, Township 7 South, and Range 93 West. Produced water from natural gas wells within the East Hunter Mesa area is currently trucked out of the area to other, existing, water storage facilities such as the Benzel and Hunter Mesa facilities. EnCana's intentions are to minimize the distance these trucks are currenfly traveling resulting in a projectedTTo/o reduction of truck traffrc on public and county ioads in th; surrounding ffea. Trucks will continue to gather produced water from the inbividual well pads and then offload the produced water into the proposed water storage tanks located on the Railsback pad site, rather than hauling the water several more miles to the other facilities. The projected reductions are identified in more detail in the "Impact Statement" section of this packet. The proposed facility will allow for year round operations while reducing the distance to be traveled by the water tu"litq trucks. The reduction of truck haul distances will significantly reduce damages to public roadways, reduce fugitive dust emissions resulting in improved air quality and reduce the liability of potential truck spills or accidents. The water storage facility will consist of two (2) 500 barel steel tanks for water gathering and storage. Tie water tanks will be equipped with on-location piping for irnloading water from the transport trucks. A small | %inch discharge pump will be installedlor the purpose of transferring the produced water from the storage tanks into the proposea pipitine. An 8'x10' building will be installed over the pump to protect it from wlather conditions and to help prevent noise and vibration emissions The pump will be electrically operated. The planned elecffical control equipment will be housed in a separate 8'xi0' b"itai"g. One (t) 300 barrel, steel storage tank will be installed to gather ani store condensate produced as a result of the water retention and separation process. The produced condeniate will be trucked to an approved sales point on an as needed basis. All tanks will be installed within approved containment to meet the SPCC and SWMP plans. The tanks and associated equipment will be painted to match the ,.ll"rouriirg terrain in order to minimize visual impacts- An approved access permit has been obtained from Garfield County Road & Bridge for access into the facility site' piping will be installed to connect the tanks and pump to a proposed 4 inch flex-steel pip"tii", which will be buried within an acquired right-of-way. The propgsed pipeline *iU t. approximately ll,l52 feet in length and will cross private land, adjacent to an existing pipeline corridor, to the termination point at the existing Hunter Mesa Water treatment f'acility. All right-of-way agreements with impacted landowners have been obtained. The pipltne wiit be buried with 5 feet of cover above the pipe and will be installed in comiliance with all appropriate regulations. A certified inspector will oversee the installation of the pipeline to insure safety of construction and operations. The proposed pipeline wili be hydrostatically tested to 300psi to insure the integrity of the plp". fr"uted water from the Hunter Mesa Facility will be used for testing the pipeline. hoilo*ing completion of the hydrotest, the test water will be retumed to the Hunter Mesa Facility. No ground water discharge is anticipated. Operations of the facility will be seven days per week, year round, with all off loading of trucks being restricted to day light hours. The facility will be unmanned with the exception o?truck unloading p"riodr and any required maintenance operations. Daily site visits by EnCana personnel will occur to insure proper facility operations. No sewer system or potablewater will be required for this project. No lighting facilities will be installed as the facility is planned for day light unloading. Maintenance of the private roads on Hunter Mesa wiil be implemented to insure repair of any damages and dust control. Construction of the Facility is planned to commence upon approval of the SUP application. The duration of construction of the facility is anticipated to last no more than two weeks. Construction of the pipeline will take approximately 4 weeks to complete. This project is a result of EnCana's continuing commitment to minimize the impact of their operations to the general public, residents and county road ways. ENCANA OrL & GAS (USA) INC. RAILSBACK WATER GATHERING FACILITY Impact Statement 5.03 CONDITIONAL AIID SPECIAL USES As listed under the Zone District Regulations, conditional and special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: (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; (Ae7-60) The proposed facility and pipeline will handle water produced from surrounding natural gas wells only. No make up water, fresh water or sanitation service will be required for this project. (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; EnCana has applied to and received approval &om Garfield County Road and Bridge for an "Access Permit" (Permit Number GRB06-D-95) offCounty Road 315 into the proposed facility site. EnCana agrees to comply with all general and special provisions as stipulated by the permit A copy of the permit is provided behind the "Associated Permits" tab in this application packet. EnCana agrees to continue maintaining all impacted roads, including assisting Garfreld County. The overall use of roads, for the purpose of hauling produced water, should be significantly reduced due to the planned reduction in distances currently traveled by water hauling trucks. (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, tighting and signs in such a manner as to protect established neighborhood characterl The proposed facility site was selected due to its proximity to County Road 315. The site will be constructed immediately adjacent to the County road and an existing pipeline right-of-way. Excavation will occur at the toe of the slope with Hunter M..u lying immediately to the west at a higher elevation. Adjacent uses of lands surrounding the proposed facility are primarily grazingand natural gas industry operations. The terrain of the general area is described as "valley floor with the u"toa site setting at the toe of the slope which goes up to Hunter Mesa to the west. The proposed facility will consist of steel storage tanks, associated piping and a smali pump, which is to be housed in an 8'xl0' building. The electrical contol equipmeniwill be housed in a separate 8'x10' building. The facility is very similar in nature to other industry pads and facilities within the nearby area. No permanent lighting will be required for the facility. The proposed pipeline will utilize existing pipeline corridors in order to minimize virgin dirt*b*"" to land during the construction and operations of the pipeline. Additional specific requirements and prerequisites for certain uses are as follows: (L.79-132',) 5.03.07Industrial Operations: Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, ito""ge, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided: (1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be fiIed with the County Commissioners by the Planning Director. The impact statement shall address the following: (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground waterl EnCana has an approved Storm Water Discharge Permit (Certification No: COR 034840) in affect for the Mamm Creek Field (See tab Storm Water Management Plan). The proposed facility and pipeline fall within the jurisdiction of this permit. The permifis vaia through 06130107 and will be revised prior to the expiration date to include this and other facilities. See Tab "Hazardous Material Management & Spill Prevention" (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanationsl The produced water will be stored within enclosed, steel tanks and will then be transferred by pump through the proposed, buried pipeline; therefore, minimal vapor emissions are anticipated. Fugitive dust emissions will be mitigated by the periodic application of magnesium chloride to roads as required. A small pump building will be installed over the transfer pump to protect it from the weather and to mitigate possible noise and vibrations emitted during operations. The most potential for noise may come from intermittent truck traffic to and from the facility. Truck traffic, already occurring in the general area" will be significantly reduced as a result of reduced total mileage currently being traveled by water hauling trucks. The tanks, associated piping pump building and all above ground appurtenances will be painted to blend in with the surrounding terrain as closely as possible in an effort to minimize any visual impact. (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; The facility will occupy only 0.52 acres 0f currently undisturbed area. According to wildlife distribution maps from the Colorado Department of wildlife, the site is located on surlmer rangeland for mule deer and elk and is within migration corridors for these animals. This type of facility is by nature compatible with continued wildlife access and will not block wildlife migration routes. Water contained within the steel tanks pose no hazard to wildlife through consumption. Wildlife and the natural gas industry currently co-exist in the general area; therefore no additional undue stress to the wildlife is anticipated. Following completion of the pipeline construction, all surface disturbances will be re-seeded with native vegetation to insure continued food sources currently utilized by wildlife. @) Alnrmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; The projected benefits and reduced impacts of the proposed satellite water gathering facility are listed below. Calculations are based upon the current and projected mileage of one truck used to haul water from each well pad, one way, to the nearest approved facility. o Facilitv operations Cgrrent Route Distance New Route Distance Mileage Reduction o% Reduction 644 miles 147 miles 497 miles 77% Other Benefits: o Reduced road impacts from truck traffrc e Reduced air emissions . Reduced liability regarding spills and accidents o Improved winter time operations . Improved utilization of existing facilities Construction Phase (Facilitv) Vehicle Type Round Trips (per day) Duration Heavy Haul Truck 1 3 daYs Pick-ups 1 l0 daYs Welding Rig I 10 daYs Construction Phase (Pipeline) Vehicle Type Round Trips (per day) Duration Heavy Haul Truck 2 4 daYs Pick-ups 4 20 daYs Service Trucks (fuel) I 20 daYs WeldingRig 1 5daYs Operations & Maintenance Phase Vehicle Type Round Trips (per day) Duration Pick-up 1 365 daYs (E) That sullicient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); The Railsback residence is located approximately 1/8 mile south of the proposed facility. A right-of-way agreement has been obtained from Mr. Railsback (See Tab: ROW Agreements) for the construction and operation of the facility and pipeline. The property owner is fully aware of the nature and intent of the facility and pipeline and concurs with its use as indicated by the signed agreement. No other residences exist within an approximate one mile radius of the proposed facility; therefore no additional disturbances are anticipated- (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in section 5.03.08 0f this Resolution See Tabs:',Engineering Standards"; "Fire Control Measures"; "Storm Water Management Plan"; "Hazmat & Spilt Prevention Plan" ;'oEmergency Response Plan"; and "Landscaping and Reclamation Plan" (2) Permits hay be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; Prior to abandonment of the staging are4 EnCana would contact the Garfield County Planning Director to arrange for a meeting and joint inspection of the site. This meeting and inspection would take place a minimum of 30 days prior to abandonment and would be held so that an agreement on an acceptable abandonment plan can be reached An Abandonment and Reclamation Plan would be developed to address appropriate issues and actions. See Tab: Landscaping and Reclamation Plan @) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissionersl (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A.93-061) 5.03.08Industrial Performance Standards: All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, aiiand noisepollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards; (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (A. 93-061) (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas z(A97-112) (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; (L97-112) (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fencer landscaping or waII adequate to conceal such facilities from adjacent property; ( 97-ll2) (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred offthe property by any reasonably foreseeable natural causes or forcesl (497-ll2) @) Storage of Heavy Equipment wilt only be allowed subject to (A) and (C) above and the following standards: (A97-ll2) 1. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. I I I I I =s(o H G(o \' \ OJLl soas H =cjL =L CrL!lE Eq5\ =Cl 1,, IHl<l\ iH EL l* IB ta Cboo o: r-.:'$ a3qm++o 6'r > =-- Eoro-fN--fX 1l e+. qrJ (D h trd.f.qo e C)N ^az=oouol(\;r*o o'71<.D'- Ot ct 9,-aN) =. c)lo c-a JO C)oo q eJ.c+.o \ p J :"'t \Uttog. s C) (D R. =p(+ai \ Qoc. c.c+.q Frt4booC)ac-f c-+c.o 3R,eJ d.tuJ T\r" c+. Hbo)t42" tr eO...i\) \'-t"? q= ] -r. \JS R,"> ?fs \ zs \ \ \ a\o o-t ea.o \ -\\ q) e-t -:he.o P. a CJF-t cvc+.s \t rGls Ito\t'$s$ I I 15' o'--==.l> "w 150. {oozg'20"E /50.oo' CountY Road fi315 29 €y:t,lg !,p.rilS C^ CD- !'J s ? to',,. 2lo?, co -nil:3iffi l.lml7rl: ,,13,&, .b,,:Joa. ?.R itQ; -n42nr;?. B-a iEO ?afr tdi 3e+z>>' >o-oiE ;r SlqE $4H., x[Yt?"#.a=1. 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Trln t/^) -rloCz0 I 14 S E tTtU q)x S-)tr !4 b\\ =bx I S S-) t)\ I'"r Oo I\L{ Ios, la C\xt-- lr.r II (!q b d \ o O) Io IoO \$h*' \c^ SN^ it- S t(4tI \ I\q! Coo zon --lI Trl AJZ r n TrlII IFl- Itl- IAt; .- - __--<->- 30' a c) r TN a o o SURFACE LEASE FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, this 7th day of September, 2006, John L. Railsback and Mary H. Railsback, ("Lessor') hereby lease for the purposes of installing, operating and maintaining water storage tank facilities unto ENCANA OIL & GAS (USA) lNC. ("Lessee"), its successors and assigns, a certain tract or parcel of land located in the County of Garfield, State of Colorado shown on attached Exhibit "A'and located within Township 6 $outh. Ranqe 92 West. 6th P.M. Section 32: NE%NW%. 1. Use of Pareel: Lessee shall have the right to locate on the above described property, one or more water storage tanks, valves, one metering house, plus associated and related equipment necessary to use, operate and maintain the storage tank or tanks. Lessee agrees to keep equipment and materials in a neat and orderly condition. 2. Roadway Access: To access the water storage tank facilities, Lessee agrees to use the West side of County Road 315. 3. Term: This lease shall commence on the above date and shall be continued on an annual basis so long as this area is used by Lessee, its successors and assigns, for the purposes herein stated. 4. Payment: As consideration for this Agreement, Lessee agrees to pay Lessor an initial installation fee of $4,000.00. Thereafter on each anniversary date of this Lease, Lessee shall pay Lessor a rental of $4,000.00 for so long as one or more water storage tanks, valves, a metering house, plus associated and related equipment necessary for the operation of the one or more storage tanks are located on the leased premises. 5. Notice of Termination: Lessee may terminate this Agreement at any time by providing Lessor with ninety (90) days' prior written notice, and in such event, Lessee shall have no further obligations except to remove the water storage facilities and restore the leased premises. 6 Title Transfer: No change in ownership of the Agreement shall be binding on Lessee unless and until Lessee has been furnished a copy of the recorded conveyance transferring such title. 7. Full Use and Enjoyment: Lessee shall have the full use and enjoyment of said lands for the purposes described herein. 8. lndemnity of Lessee: Except for any claims arising out of or due to acts or omissions of Lessor, Lessee shall indemnify and hold Lessor harmless against and from all claims arising from Lessee's use of the water storage tank facilities. 9. Fencing: Lessee agrees to fence the above described leased property with 4 strand barbed wire. 10. Termination of Lease: Upon termination of this Lease, Lessee shall remove all above ground valves & pipes, storage tanks, equipment, materials and supplies related to this lease" 11. Notices: All notices and demands required or permitted to be given by either party to the other hereunder, shall be in writing. All notices and demands shall be sent by United States mail, certified, return receipt requested, poslage prepaid, addressed as follows: Lessor: John L. Railsback and Mary H. Railsback 0058 County Road 333 silt, co 81652 Lessee: EnCana Oil & Gas (USA) lnc. 37o 17t'Street, Suite 1700 Denver, CO 80202 Attention: Land DePartment AII notices and demands given hereunder shall be considered to be given and delivered upon deposit in the United States mail as herein provided. 12. Memorandum of Surface Lease Recorded: A Memorandum of this Lease may be recorded by the parties, and if recorded, Lessee agrees to record a release within thirty (30) days following the termination of this Lease. 13. Governing Law: This Lease shall be governed by the laws of the State of Colorado. lN WITNESS WHEREOF, the parties have set their hands on the day and year first written Lessee: EnCana Oil & Gas (USA) lnc. Douglas W. Jones, Attorney-in-Fact ACKNOWLEDGMENT PAGE Notary Page to Surface Lease dated September 7, 2006, by and between John L. Railsback and Mary H. Railsback and EnCana Oil & Gas (USA) lnc. STATE OF Colorado COUNTY OF Garfield ))s ).t rlr- On this I 'i day of ) €j','t t iitr c- , 2006, for me personally appeared John L. Railsback and Mary-H. Railsbick, knoffi- io be th" persons described in and who executed the foregoing instrument, and who acknowledged to me that they executed the same. My Commission Expires:f-t)-"c,'t Notary Public: STATE OF COLORADO CITY & COUNTY OF DENVER On this _ day of 2006, before personally appeared Douglas W. Jones, Attorney-in-Fact for EnCana Oil & Gas (USA) lnc" known to me to be the person described in and who executed the foregoing instrument, and who acknowledged to me that he executed the same. My Commission Expires:Notary Public: ))s ) dPq '7 . :r'i 1.: :' l. E,XHII]I'I ''A' This Exhibit "A" is attached to and rrrade a part of tlrat certaill SLiRFACI:f i-EA.qE L1v i1n(l betrr.ecll .lolrn L. Raitsback ancl \{ary H. Railsback. as Lessor and EnCana Oil & Gas (tlSA) Inc.. as Lesscc. 'fori,nship 6 Soutlr. Range 92 West oI thc 6tl' P.M. Section l2: ]\E/4NW/4 tt6 ffi SC,\L: , l 4 * NAg1l'JgT l1osis of Beorinos) 26J9.OO' (Neas.) tl-I ' . . .,.-.tt ,/t r^---. ,' ilr=lLh ',/t C-"r' Z/' i.il^'.-a ll " '.11 (1950 AfJminu'- cip). ii:; n:t ttti t /-r tni t /.. l: ; j_ i t-Yi'l;nl ?;r-!lne i_- N8gzo'rg"t t5ooo' - I FqciJitv s8926',l9'v/ t50.OO' FACILITY DESCRIPTION i rl!:i,ir-i.l: r"'rarcll. or LAN0 l-.lc,,ii0 rN IiE tiE 1/1 N\ l,/1.j| SiC;C\ ,il. -a:, F.\7't;,.:.11 'r.1 Siro P,!:?CiL 0r L^flO i-ralNc rollf PA8TTCIJLAnLY OESCRI3i, ^5 FrrL-ai'is: rl-r:iilflr1it ,'..1 t' ,o\J1 r'.1 lllt rJ: t/'4 N'$ 1/4 OF !ECIIOfI J2. :6S, ii'-l',iiir. €.i^ F l,!. i.',hll- :aart5 lOEar!0:''iy iO?C.7?'iRclv:t{f NCRlH r,/r aCR\EIi Oi 5A!0 Sai:1Cfl i2 iBErllC I '95a ALr-Drfrul,.cAF.). rltht't: soc?9'10"t::o-c:!i TrENCa 569'2E'19-!? I:Jaoi :iEilaE ::':C'2?':i', r:,lG!8': TllEflCE llEg'?619"4'5O.0C :O T-! PC:l'lI O::ioiN\nlic 3A!'S Df lar.arrrcJ .i iF:: NoRfr L[la oi BE ttt! 1/a aa S]'rD s(cilcn -\2 1filc{ ts T/.(E'l FRrll.l ;!Qa^L irc5rlllrllslc SiiELLilL LIBSr:RyAICNS IO liIAIi N59!-1'-i9'a i l.{iASUR:f DlSlnECIi )t 2aJt.caJ'lIriE Froririr([S] ccet{air oF SAlo:icLct{ f2 3f-NG A 'geo ALU\riil!$ :!.'} io{-liri: D.5l icGES MsR5 iA IiS: ,1,:rlh+rst Corocr :e.ticn -r2 ll2aO il)trinrrt a,+) (.l2 l -!iliE-\D.i -r-.:l'. -!i11'1!r'r: i'']r rr' qas f,o.\gt 5s14 o o o o RIGHT.OF.WAY EASEMENT FOR AND IN CONSIDERATION of the sum of TEN AND NO/I00 DOLLARS ($10.00) and other good and valuable consideration, in hand paid to John L. Railsback and Mary H. Railsback, (hereinafter referred to as GRANTOR, whether one or more), the receipt and sufficiency of which is ltereby acknowledged' wlrose rnailing address is, 0058 Counry Road 333, Sih, CO 81652, by EnCana Oil & Cas (USA) Inc., rvhose mailing addresi is 3?0 l7'h Street, Suite 1700, Denver, CO 80202. (hereinafter referred to as GRANTEE), GRANTOR hereby grants, sells, conveys and warrants to GRANTEE, its successors and assigns, a perrnenent easement 6b feet in rvidth, for the purpose at any time and from titne to time to lay' locate, construcq maintairr, inspect, altcr, rcpair, operate, protect, change the size of, replace, relocate, mark. remove andlor abandon in place, one (l) oimore pipeline(s) and appurtenances, equipment and facilities useful or incidental thereto, irrcludilg. but not limited to, valves, metering and corrosion control eqtripmenl and any above-ground appuftenances, as tnay be necessary or cot.tvenient, for the transportation of natural gas, petroleim, p"t*ler* products and derivatives thereof and any other liquids, gases, or substances rvhich can te transported through pipetines, upon and along a route to be selected by GRANTEE on, over, acrors and through lands o*ned by GRANTOR, or in rvhich GRANTOR has an interest, situated in Garfield County, State ofColorado described as follorvs: Township 6 Soutb, Range 92 West, 6'h P.M. Section 32: SEi/4NWl/4. and being the same land described in that certain Deed, recorded in Book I160, Page '728. of thc Clerk's office of said County, to which reference is made lor further description. ln addition to the 60 Feet permanent easemcnt area as defined above, GRANTOR grants to GRANTEE a t€mporary easement fony-five feet in width adjacent to the permanent easement, for the purpose of enabling GRANTEE to initially construct the pipeline. After the post-construction cleanup following the initial pipeline construction, the permanent easement area shall be limited to a strip 60 fect rvide as referenced above. The permanent easement, located on the above described lands is generally described on Exhibit A attached hereto and made a part hereof. Exhibit A attached hereto is not intended to show the final location ofthe easement or pipeline as actually constructed; the actual location of the easement will extend 30 feet on each side of tlre centerlirre of the pipeline as actually laid. GRANTOR further grants and conveys unto GRANTEE the right of unimpaired ingress and egress otl, over, across and tlrrough the abovedescribed lands including other lands owned' leased or claimed by GRANTOR rvhich areldjacent thereto or contiguous therewith for all purposes necessary or incidental to the exercise of the rights herein granted, with the further right of entry to maintain the easement herein granted clear of trees, undergrowth, brush, structures, and atry other items, to the extent GRANTEE deems n...t ory in the exercise of the rights granted herein. GRANTEE shall not be liable for damages caused by keeping said easement clear of trees, undergrowth, brush, structures, or.rny other obstructions. GRANTEE shall have the right to select, change, and/or alter the right-of-way easemenl tlrough the property above described or alter the route prior 1o or during constructior with tlre consent of the GRAITITOR which rvill not be unreasonably rvithheld or delayed' GRA1ITOR shall have tlre right to use and enjoy the above-described premises; provided however, GRAI{TOR shall not exercise iuch use and eujoyment in a manner that will irnpair or interfere rvith the exercise by GRANTEE of any of the rights herein granted. GRANTOR agrees not to change the grade over the pipeline colstructed hereunder and shall not build, create, constnrct, or permit to be built, created, or o coustructd, any obstruction, builcling lake, engineering works, or any other type of strtlcture over or on said easernent. All equipment or appurtenances to the pipeline, rvhich shall be on or above ttre surface of the grorrnd, shall be installed in a manner to protect the GRANTOR'S livestock rvhen necessary. GRANTEE agrees that during construction of said pipeline, livestock crossings will be provided rvhere llecessary. Furtller, all fenceslhat must be severed oi removed for installation and nraintenance will be reinforced prior to severing adjacent to where the cut is madc to prcvcnt damage to thc fcnce [ine. Temporary gatcs to precludethcescapeofGRANTOR'Slivestockshall beinstalledrvherenecessary. All Fencesthatarectrt or romoved shall be rcstored in as good a condition as existed prior to installation of the pipeline. GRANTEE agrees at the time of construction to bury said pipeline to such depth as will not interfere rvith lands under cultivation, ald in accordance rvitlt applicable Federal and State regulations. Following installation of the pipeline, GRANTEE agrees to restore the ground as nearly as is practicable, to its condition prior to the installation ofthe pipeline and in accordance rvith Federal regulations. GRANTEE shall, at its sole expense, keep the lands subject to the easemcnt Sranted herein free and clear of all 1iens and encumbrances resulting from GRANTEE'S arrd its agents' activities on the said lands and shall indemnifu and hold hannless GRANTOR from and against alry and all liens, claims, demands, costs, and expenses, including, without lirnitation, attorneys' fees and court costs, in connection rvith or arising out oiany ,r,ork done, labor performed, or materials furnished rvith respect to or by GRANTEE andior GRANTEE'S agent. TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns, so long as the right and easement herein granted, or any one of them shall be used by, or useful to GRANTEE for the purposes herein granted and the provisions of this agreement are to be considered a covenant that runs with the land herein describcd and GRINTOR hereby binds themselves, their heirs, executors and administrators, and tlreir successors and assigns to warrant and forever defend this right of rvay and easement unto the GR{NTEE, its successors and assigns, against every person whomever lawfrrlly claiming or to clainr the same or any part thereof. The easement and rights herein granted may be transferred, Ieased or assigred, from time to time, in whole or in part. It is agreed that aly payment due hereunder may be made direct to said GRANTOR or any one of them (if more than one). Seclion 1445 Certification - Under penalties of perjury, tlre utrdersigned Granto(s) hereby certifies that it (they) is (are) not a non-resident alien, foreign corporation, forcign partnership, foreign trust or foreign estate for purposes of U.S. income ta,\ation. EXECUTED as of this auy o2 5'L of EnCana Oil & Gas (USA) tnc. Douglas W. Jones Attorney-in-Fact 2006. By: ACKNOWLEDGMENT State of Colorado County of Garfield The foregoing instrument was acknowledged before me this I 5 , 2006, by John L. Railsback and Mary H. Railsback. WITNESS my hand and official seal. 07-tt-aq My Commission Expires: State of Colorado City & County of Denver On this - day of , 2006, before me personally appeared Douglas W. Jones, as attomey in fact for EnCana Oil & Gas (USA) lnc., known to me to be the person described in and who executed the foregoing instrument and who acknowledged to me that he execuled the same. My Commission Expires:Notary Public ))s ) s o EXHiBIT.'A" This Exhibit "-A" is attachcd to and made a part of that certain Pipeline Right-Of-Way Grant by and betu'een John L. Railsback and Mar1, H. Railsback, as Grantor and EnCana Oil & Gas (USA) Inc.. as Grantce. Torvnship 6 Sor{h- Ranee 92 West of thc 6tl' P.M. Section 32: NE/4NW/4 -// tr \'-/\, \ \E\ \ \ \J'er \ \ \PE2 \ \{s \ *\ tt,A Eb -.,- \ -Os \-t4 d -/''d lsts-sqio \r r..r .\-ts \ ltt: * IS l'n tls:qulSts Iln i; Nlust klsb o, El;ssi $lco Xb ge o d,4cq or I Nc)5 ,{ "4!t;iif t!gI .fN A --j N A 3'{, 5?'^'. ,/, o) 6 -a a o o 1. PIPELINE RlGHT.OF.WAY G RANT FOR AND lN CONSIDERATION of the sum of Ten Dottars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, Marvelle P. Couey and Kelly W. Couey of 7238 County Road 315, Silt. CO 81652 "GRANTOR", hereby grants unto EnCana Oil & Gas(USA) lnc. of 370- 17tr'Streel, Suite 1700. Denver CO B02O2 "GRANTEE", iis successors and K.t-.C assigns, a non-exclusive easement, right-of-way and the right to lay, rnaintain. inspect, reeta€€, erect, +es*zet operate, and remove one or more pipelines and such drips, valves, fittings, meters, and other equipment and appurtenances as may be necessary for the operation, over, through, upon, under and across the following described iands located in Garfield County, Colorado, to-wit: TOWNSHIP 6 SOUTH. RANGE 92 WEST 6TH P.M. Section 32'.W% TOWNSHIP 7 SOUTH. RANGE 92 WEST 6TH P.M. Section 5: W% IT IS MUTUALLY UNDERSTOOD AND AGREED BETWEEN THE PARTIES AS FOLLOWS: ln addition to the consideration hereinabove stated, Grantee agrees to pay Grantor Ten Dollars and other good and valuable consideration as damages to the growing foliage for the initial installation of said pipeline. Damages caused by future excavations or operations shall be setfled by mutLral consent. No trees will be removed while building this right-of-way. lmmediately after installation of the pipeline, Grantee agrees to restore the ground by adequately tamping and packing to a condition, as nearly as possible, as it existed prior to the installation of the pipeline. Grantee will maintain any erosion problems that arise due to construction of the pipeline. All pipelines shall remain in place upon termination, unless othenvise agreed to by the parties hereto. All disturbed areas shall be re-vegetated with seed and plant mixtures as recommended by the current BLM regulations for drylandpasture. The Grantee shall re-seed the disturbed area in the first favorable planting season after surface reclamation, but in no case more than twelve months after the initial disturbance. lf such re-seeding is unsuccessful the Grantee shall re-seed again at the next favorable planting season. Grantee agrees that any pipeline installed shall be at a minimum depth of 49 inches below the surface of the ground. The right-of-way granted shall be fifteen (15.0) feet on either side of the centerline hereof, except that during the initial installation of the pipeline, Grantor, for the consideration stated above, hereby grants unto the Grantee the right to access the right-of-way twenty-five (25) feet on either side of the centerline described in Exhibit "A" hereof as it runs through the above referenced lands. The additional right-of- way and right of access shall in no case endure for a period in excess of one hundred eighty days from the date hereof or the completion of initial installation, whichever period is the shorter. All equipment or appurtenances to the pipeline, which shall be on or abovethe surface of the ground, shall be installed in a manner to protect the Grantor's livestock when necessary. Grantee agrees that during construction of said pipeline, livestock crossings will be provided where necessary. Further, all fences that must be severed or removed for installation and maintenance will be reinforced prior to severing adjacent to where the cut is made to prevent damage to the fence line Temporary gates to preclude the escape of Grantor's livestock shall be installed where necessary. All fences that are cut or removed shall be restored in as good a condition as existed prior to installation of the pipeline. J. o. 7. Upon request by Grantor, lhe right-of-way easement herein granted shall terminate and all rights thereunder revert to Grantor when the pipeline located therein has not been used by Grantee for a period of one (2) years, except when non-use is caused by acts or circumstances beyond the control of Grantee. Grantee shall pay all incidental expenses incurred in recording and surveying said easement. Grantor shall not hold Grantee liable for damages incurred by Grantor as a result of Grantor's activities on the easement not compatible with the purposes contemplated herein. Grantee agrees to compensate Grantor for extraordinary loss or damages caused by Grantee, its agents or employees to persons, property or livestock, including that of its surface lessee, if any. Payments herein provided are acknowledged by Grantor sufflcient and in full for damages caused or created by reason of the reasonable and customary entry, and subsequent operation of said well site. Grantee shall, at its sole expense, keep the lands subject to the easement granted herein free and clear of all liens and encumbrances resulting from Grantee's and its agents' activities on the said lands and shall indemnify and hold harmless Grantor from and against any and all liens, claims, demands, costs, and expenses, including, without limitation, attorney's fees and court costs, in connection with or arising out of any work done, labor performed, or materials furnished. 10. The rights granted herein may be assigned in whole or in part. 11.This agreement shall be binding upon heirs, sticcessors, and assigns of Grantee and Grantor and shall be a covenant running with this land. Grantor has executed this agreement tfris .2aJ- day of 2006. GRANTEE: EnCana Oil & Gas (USA) lnc -';-'tt- ''-;-- I.l Keliy W. Couey Acknowledgement State of: Colorado ) )s County of:. Garfield ) rhe't was acknowledged before rne on the ,?,,1- ouy.t4&rL';7-- Lt.,--',t 9. o Douglas W. Jones, Attorney-in Fact ,2p0,qi-,F-,y.,j and who: -..*'. -' 'WitJ(leSl'i1yguri'd and o ff i cia r seat(SEAL) -.r.,'.'' i' 'n r*r:3:h';;d;l;riL,pi,"s, I'1" i / Kellv W. Couev, known to me t6 6e the person(sidescribed in instrument. =========== ====================== ================== State of Colorado ))s City and County of Denver ) The foregoing instrument was acknowledged before me on the _day of_, 2006, by Douglas W. Jones, Attorney-in-Fact for EnCana Oil & Gas (USA) lnc. known to me to be the person described in and who executed the foregoing instrument. WITNESS my hand and seal. (SEAL) My commission expires:Notary Public:. \encana.corrr\dnvshared\South_Rockies\Rifle\Pads\Marnn: Crcck\Pad F-32NE RailsLrack(7-27- 03)\Pipeline Marvelle rvaler Iinc crossing Sec. 32 (7-25-06).doc IN WITNESS WHEREOF, it-4@l -24/ -/l.lotary Public- r 2".-t-1;t;!,/ cb l]l-allllljl r al I ,,4o i. ,lrrx/ I i t !1o rr2!t cltur i l;'to Lr-it Nlil, l (;-i: (. o '(;-ljn JL 'iia!!-1v I i7 v. .t x..w3f C I7Er t1 *$1"+ cri \4/+ !.i,. 1 ,.Y,Tr ::tllltTtt. tr-D C 17,4E'. i1ii*-:ii*--'--i l.i I ;\ l: ll ^ u,iiii"' )----,i ffif,FLffi Affiffir+ i n"E.,A e ,... r )ahirr ir ui {.r:/ I ..:: I I r. "-',' I /.. i. i o o o PIPELINE AND RIGHT OF WAY GRANT ALL MEN BY THESE PRESENTS: That Richard H. Graham and Phyllis S. Graham,and wife, 247 Bel Grene Drive, Fishersville, VA 22939-9622' hereinafter ,,Grantor", for and in consideration of the sum of Ten Dollars ($10.0o) and other and valuable consideration, the receipt and sufficiency of which is hereby do hereby grant and convey unto EnCana Oil & Gas(USA) Inc- with an tzth StreLisuite 1700, Denver, Co, 80202, hereinafter called "Grantee", easement and right-of-way to locate, to lay, maintain, inspect' replace' erect, resize,, and remove one or more pipelines and such drips, valves, fittings' meters, and equipment and appurtenances as may be necessary f1r tl9 ?p::'lT. upon,'under and u"iorr the following described lands in Garfield County, Colorado to described on Exhibit "A", attached hereto and made a part hereof' address of 3' on Exhibit A through the an additional (25.0') along workspace days from upon, as full fences back this subject to utilized for purpose. impair in not build, pipeline ri Agreement of Land M performed. The rn of the easement and right-of-way granted is approximately described is fifteen feet (15.0') on eitherside of the constructed pipeline as it runs rbove referenced lands and in addition, Grantee shall have the right to use temporary work space, which shall be an additional width of twenty-five feet easement for the consideration stated above. The additional temporary all in no case endure for a period in excess of one hundred eighty (180) date hereof or the completion of initial installation, whichever period is the hereby agrees to pay Grantor a one-time consideration, previously agreed nsiOeritlon for the pipelines and right-of-way rights herein described. hereby agrees that if the above lands are fenced, that Grantee will install their oiigiiat condition or better upon the premises. The parties intend for to provide restricted access. shall have the right to use and enjoy the above-described premises, rights herein granteo. The pipeline right-of-way granted herein shall be ,nt-iee'= oil and gas operations only and shall not be used for any other shorter agrees that any pipeline installed shall be at a minimum depth of forty- eight inches ") below the surface of the ground TO vE AND TO HOLD: said easement and right-of-way from said Grantor' until one (1) year following the abandonment of the pipelines installed hereunder. shall have all other rights and benefits necessary or convenient for the full enjoyment use of the rights herein granted. antor shall not interfere with or impair or permit others to interfere with or way the exerctse of ihe righis ihereirr granteci to Graniee, and Grantor shal! bg' constructed and maintained to the standards established by Bureau rstruct, or permit to be built or constructed, any structure or obstruction over .of-way. All pipeline constructed and maintained under the terms of this at the time said pipeline is constructed or malntenance work is a unto parties rights, and in whole in part. Richard H. Phyllis S. =========i STATE OF: COUNW O nt is a covenant running with the land and shall be binding upon the their heirs, devisees, refresentatives, successors and assigns; and the and authorities herein granted shall be assignable together or separately This ;trument covers the entire agreement behveen the parties, and no of statements, verbal or written, have been made modifying, adding to, or changing the of this Granl. S the signature(s) of the parties hereto on this day of , 2006. GRANTEE: EnCana Oil& Gas (USA) lnc Douglas W. Jones, Attorney-in-Fact )sAuqusta ) ,ing instrument was acknowledged before me on this - day of , 2006, before me personally appeared Richard H' Graham and Phyllis S.[Z-m, husband and wife, known to me to be the persons described in and ihe foregoing instrument, and who acknowledged to me that they executedwho the same. (Seal) My Expires: Attorney-in- described in that he (Seal) The The oing instrument was acknowledged before me on this -day of" , 2006, before me personally appeared Douglas W' Jones' act to" fnCana Oil & Gas (USA) lnc., known to me to be the person and who executed the foregoing instrument, and who acknowledged to me the same Expires: Notary Public GRANTOR: This STATE OF:))s ) My qIEiir,iT "A" l l il,rrl-lslil| ri SrlliTil. gqiir-iE cl \\ ;sT ';:" P.l'l' GiIP.FIELD COUNTY. COLORADO ;T'-N= l- rr:r 6' i:o'r TC 3C,.''_ii L-L-ii:1'rl: r I ( 1U'r-isi'llP ll Si)LlTH. R-{NG|- "'l \\ iSi' iril Ii'-'-' sEt'TIOli ll j_:.li\'l \\,i.-i-i--E-'. !l i.:OT TC SCA Li: G.iP.F'iELD CO IJNTY. C(.iI,OR.dDL) o o o MEMORANDUM OF SURFACE USE AGREENIENT State: Colorado Counfy Garfieldo*ner: ?*H.?f;- Rebjak LLLP Shaeffer Family Trust Shaeffer Ltd. 5957 County Road 319 Rifle, CO 81650 oPerator: lrl?r$i*,:il:'frt]'*' Denver, CO 80202 Date of /-7'6:- :L ,ZoOs Agreement: For adequate consideration and as of the effective date stated above, the Owner and Operator ro**d- above, have executed a Surface Use Agreement (the "Agleement") which gnr"*, the Operator's oil and gas operations on the surface of the lands described on the attached Exhibit A. This Memomndum is placed of record for the purpose of giving notice of the Agreonent and is given in lieu of filing ,uid Ag."onent in full for record in the official records of Garfield County, Colorado. Executld copiei of the Agreement are maintained in the possession of both the Owner and Operator. This Memorandum is signed by Owner and Operator as of the date of acknowledgnrent of their signatures, but is effective for all purposes as of the Date stated above' B.J.M. Ltd. .1 : -rr- f)etr.. Z|Zt'',.5/J,;.l ,- l-i;t \-. , i ,;\,L,LcL' Date: - Barbara J. Morris, General Partner ' t srATE OF COLORADO ) couNTY or (/r..,,i-a* ] -t' Witness my hand and scal. K.R,K. LLLP Katherine F. Rogers, General Partner STATE OF COLORADO ) couNrY o{4eae,- }" The tbregoing instrurnent was subscribed and sn'ont to before me on 2005, by Witness Rebjak srATE OF COLORADO ) ) ss, Date: /'il; Notary Public Expircs Flaroicl B. Shaeflbr. Trustee Jlt4t)-ll5l l-28-12\l l2ltJ2ll,D{ l:tl9 Pl\l 'fhe foregoing iustruntenl rvas suhscribed attd srvom to trefore tlle on A, 2005, [:y -_l4dLutst 1/ \4v conunission cxnirc-s , it / {/ d s Notaqr Public oate: e /'* r/c:- COUNTY OF 6'ru .{., c (, [ ) The foregoing instrurnent was sutrscribed and srvoni to before me on 2005, by l.\ i') \i^ri p ( [i,.- Witness my hand and seal. Notary Public Shaeffcr Family Trust ,/* &of,r/^t Flarold B. Shaeffer, Trustee STATEOF COLORADO ) ) ss. COUNTY OF (r* .( .c il ) The foregoing instrurnent was subscribed and swom to before me o11 *,l)r"u-tr, 23-,J dz{ai-Date: 2005, by rlfi 5ir"tt(_k, My cornmission expires: Jtrrri Witrress nry hand and seal. Shaelfer Ltd. Humac Management, Inc., Gcneral Partner Harol<l B. Shaeffer, President STATE OF COLORADO COUN'IY OF Qtr:'(- ,loi,- Dare: /zsl*- ) ) ss. ) tr *tt'o*5 tt \'.',:-- The foregoing instrunreut 2005, by l.\ l, 9,ir,.,,.1(, .- My con-rmission expires: \Vitness nty hand end seal. r.l,as subscritred artd swoltl to beibrc l'ne ()11 .l lr ,.r 11.., )t- C:r EnCana & Gas (USA) Inc. srATE OF COLORADO ) ) CITY AND COUNTY OF DENVER ) Tlie foregoing instrurnent was acknowledged before rne on ,*r51 au1 of Cfl4- 2005 by Joel S, Fo*,luorrrey-in-Fact for EnCana Oil & Gas (USA) Inc., a Delaware cdrporation, orr behalf of said coqporation. My Comrnission Expires ; oit Atlomey-irt-Fact uycom.rrbEmEuitllfisru :--;AllLlN : EXHIBIT A B.J.M. Ltd. Township 6 South, Ranqe 92 West of the 6ih P.M. Section 30: Lots 3 and 4 Section 31: Lots 14, W2SE/4 Township 7 South, Range 92 West of the 6th P.M. Section 6: SE/4; Ni2NE/4SW/4; Lots 1 and 2; N/2N/2 of Lot 3 K.R.K. LLLP. Township 7 South. Range 92 West of the 6th P.M. Section 6: S/2N/2 of Lot 3; S/2 of Lot 3; SE/4SW/4; S/2NE/4SW4 Section 7: Lots 1 and 2; El2;ElZWlZ Rebjak LLLP Township 7 South. Ranse 93 West of the 6th P.M. Section 11: E\AEIZ, except 3 acres heretofore conveyed by Warranty Deed recorded as Document No. 279583 in Book 498 at page 539 of the Garfield County Records' Section 14: NU4NE/4 Shaeffer Family Trust Township 7 South, Ranqe 93 West of the 6th P.M. Section 11: 3 acres heretofore conveyed by Warranty Deed recorded as Docurnent No. 279583 in Book 498 at page 539 of Garfield County Records. Shaeffer Ltd Township 7 South, Ranoe 93 West of tlle 6th P.M. Sectlon 12 WlZ; NE/4; N/2SEI4 Section 13: NE/4NE/4 l-ownshin 7 South. Ranae 9-? West of the 6th P,M. Section 18: Lot 'l; E/2NW4 and 3 acres situated in Lot 2 described as follows: Beginning at the NW corner of the NE/4SW4 of said Section 1B; thence South 1320 feet; thence West 99 feet; thence North 1320 feet, thence East 99 feet to the place of begir,ning ST]RFACE OWNERS Marvelle Couey 7238 County Road 315 sitt, co 81652 Kelly Couey 4745 County Road 315 silt, co 81652 John Railsback 0058 County Road 333 silt, co 81652 Richard & Phyllis Grahm 247 B,el Grene Drive Fisherville, VA 22939-9622 BJM LTI) Barbara Morris 20 South 35th St Boulder, CO 80305 Micheal & Mary Ann Dwire 7485 County Road 233 silr, co 81652 Richard Barry 4343 County Road 315 sitt, co 81652 Diane Light 4343 County Road 315 silt, co 81652 Shideler Land & Cattle Ben Shideler 4128 County Road 315 sitt, co 81652 o MINERAL OWNERS Marvelle Couey 7238 County Road 315 silt, co 81652 Kelly Couey 4745 County Road 315 silto co 81652 BJM LTI) Barbara Morris 20 South 35th St Boulder, CO 80305 Shideler Land & Cattle Ben Shideler 4128 County Road 315 sitt, co 81652 Barry Shideler l4ll County Road 315 sitt, co 81652 Harold Shaeffer JABEK 5957 County Road 319 sitt, co 81652 Katherine Rogers KRI( LLLP 7010 West Oregon Dr Lakewood, CO 80232 Carol Bennet P.O. Box 1202 American Forko UT 84003-6202 Samuel Engineering, lnc. We Provlde Solutions 57/5 DTC Boulevard, Suite 2@ Englewood, Coloradb 801 1 1 -3227 Origl-ead Eng: ProjeA Engineer Approval : Project Manager Approval: Client Approval: Tel: 301714-4840 Fax: 72O4824327 CONSTRUCTION SPECIFICATION SPECIFICATION 02221 EXCAVATION FOR EncCana Oil & Gas (USA) Inc. Date Date Date Date Rev. No"By Revisions Approval Date 0 DJB Issued for Constuction Engineering o Project Controls . Estimating r Construction Management ENCANA OrL & GAS (USA) rNC.CONSTRUCTION SPEGIFIGATION 02221 EXGAVATION REV. DATE: MAY 18,2005, PAGE 1 O PARr,-cENERAL I.I SECTION INCLUDES A. Excavation for site grading. B. Excavation for roads and drainage. C. Excavation for building foundations. D. Excavation for equipment foundations. E. Excavation to underside of pier caps. F. Removal from site, stockpiling, or placing excavated rnaterial in fill areas. G. Removal of top soil. 1.2 RELATED SECTIONS A. Specification02223-Baclcfilling. PART 2 - PRODUCTS 2,1 MATERI,AL A. Top Soil: Soil containing organic material and debris. Unless otherwise directed by the Engineer, the top soil is classified as the top 6 inches of soil. PART 3 - DGCUTION 3.I PREPARATION A. The Contractor is responsible for layrng out and staking all work from base lines and suwey reference points established by the Engineer. B. The Contractor is responsible for staking known existing underground utilities. C. Protect above and below grade utilities which are to remain. D. Protect plant life and other features remaining as a portion of the final landscaping. E. Protect bench marks, struchres, fencing, paving, and curbs from damage during the excavation process. Samuel Engineering, lnc. we Ptotlde SolutionsREVISION O ENCANA OrL & GAS (USA) rNC.GONSTRUCTION S PEC IFICATION 02221 EXCAVATION REV. DATE: MAY 18,2005, PAGE 2 F. Prior to commencing excavation, the Engineer shall speciff whether the material to be excavated will be removed from site, stockpiled, or placed in fill sections. G. Top soil shall be removed from the area prior to the comrnencement of excavation. H. The acctracy of all work, other than conhol established by the Engineer, shall be the responsibility of the Contractor. .The Contractor shall employ a qualified surveyor acceptable to the Engineer, plus survey crew members to lay out the work and establish all lines, levels and grades as may be required. Complete records of all field work shall be kept by the Contractor in accordance with good survey practice, and in standard field books. Field books shall be available to the Engineer upon completion of the work. L Application for permission to bring explosives onto the site or any part of the Owner's property shall be submifted to the Owner in writing by the Contractor and shall provide the following infornation: l. Details and location of work where explosives are proposed to be used. 2. The location of proposed explosives, magazines and the maximum quantity and types of explosives to be stored. 3. Copies of current licenses and permits required by Government and other authorities. 4. Seourity during transport to site as directed by local Govemment. J. The Contractor shall store explosives in an approved magazine, within a curbed area as directed by the Owner. 3.2 TOP SOIL REMOVAL A. Top soils shall be removed from all areas designated on the drawings and all other areas being subsequently excavated, filled, paved or concreted. B. Top soil shall be stockpiled in a designated area on site, or removed from site as designated by the Engineer. 3.3 TOLERANCES A. Finish surfaces under gravel and bedding material shall be within 0.1 foot. B. Finish surfaces directly under aggregate base shall be finished to a tolerance of minus I -inch to plus zero-inch. Samuel Engineering, lnc- We Ptovlde sotuilonsREVISION O ENGANA OtL & GAS (USA) rNcl GONSTRUCTION SPEGI FICATION 02221 EXCAVATION REV. DATE: MAY 18,2005, PAGE 3 C. Other areas shall be within 0.3 feet of the specified level and slopes shall be maintained such that ponding cannot occur. 3.4 EXCAVATION Underpin adjacent stuctures which may be daniaged by excavation work, including utilities and pipe chases. Excavate subsoil required to accommodate building foundations, slabs-on-grade, roadways, and site structures. Excavate to workJng elevations for piling work. Machine slope banks. Excavation cut not to interfere with normal45 degree bearing splay of fbundation. Grade top perimeter of excavation to prevent surface water from draining into excavation. hrespective of the sowce of water all excavations shall be kept dry bV appropriate dewatering techniques during the excavation and any subsequent backfilling process. All damage caused by disposal of water shall be repaired at the Conhactor's expense. Remove lumped subsoil, boulders, and rock up to 1/2 cubic yard measured by volume. Larger material will be removed rurder Paragraph M. Notift the Engineer of unexpected subsurface conditions and discontinue affected work in area until notified by the Engineer to resume work. Correct unauthorized excavation at no extra cost to Owner. Backfill areas over-excavated by error of the Contractor in accordance with Specifi catio n 02223 at the Contactor' s expense. Excavated materiai not used in fill sections shall either be stockpiled in areas designated on site or removed from the site as directed by the Engineer- Rock (defined in Section M) encountered during excavation shall be measured by the Contractor and quantities shall be agreed upon by the Contactor and the Engineer at the time of excavation. Measurement shall be to neat lines of necessary excavation in accordance with the drawings. Additional excavation and backfilling which results from over-blasting shall be performed at the Contractor's expense and to the satisfaction of the Engineer. Samuel Engineering, Inc. We Prcvlda Soturions A. B. C. D. E. F. G. H. I. J. K. L, REVISION O a 3.5 ENCANA OrL & GAS (USA) rNC.CONSTRUCTION SPECIFIGATION 02221 EXGAVATION REV. DATE: MAY 18,2005, PAGE4 M. For bulk excavation, rock shall be defined as either ground which cannot be broken using a minimum 300 HP tack-type tractor (Cat. D9L or equivalent) fitted with a single tyne ripper, or material that cannot be removed with a 3/4 cubic yard excavator when the equipment is operated and maintained by qualified and experienced personnel in accordance with the equipment Manufacturer's specifi cations and recommendations. N. The sides of all excavations steeper than the natural aogle of repose of the material, when dry, shall be adequately supported by bracing or shoring, as necessary, to prevent slides, slips, cave-ins, or danger to persons or stuctures. O. Trenches for pipelines and services shall be excavated FIELD QUALMY CONTROL A. A11 finish surfaces that are turdemeath structures or pavement shall be proof rolled with a loaded, 20 ton capacity truck or equivalent equipment approved by the Engineer. Any region which, in the opinion of the Engineer, exhibits unsatisfactory behaviour shall be removed as directed by the Engineer. PROTECTION Protect excavations by methods required to prevent cave-in or loose soil from falling into excavation. Protect bottom of excavations and soil adjacent to and beneath foundation from freezing. Samuel Engineering, lnc. We Prcvlde Sotunon3 3.6 END A. B. REVISION O o o o Samuel Engineering, lnc. We Provide Solutions o , 5775 DTG Boulevard, Suite 200 Englewood, Colorado 801 1 1 4227 Origl-ead Eng: Project Engineer Approval: Project Manager Approval : Client Agproval: CONSTRUCTION SPECIFICATION SPECIFICATION 02223 BACKIILLING FOR EnCana Oil & Gas (USA) Inc. Tel: 303-7144840 Fax:. 7204823327 Date Darc Date Date Rev. No.By Revisions Approval Date 0 DJB Issued for Construction Engineering . Project Controls r Estimating . Construction Management ENCANA OrL & GAS (USA) lNC.CONSTRUCTION SPECI FIGATION 02223 BAGKFILLING REV. DATE: May 18,2005, PAGE 1 O PARrl-cEMRAr 1.1 SECTION INCLI.JDES A. Filling to subgrade lines and elevations shown on the drawings. B. Backfilling areas of over excavation. C. Bacldlling of underground services and drainage structures. D. Compaction of all filling materials. T.2 RELATED SECTIONS A. Specification 02221 - Excavation. B. Specification 03300 - Cast-In-Place Concrete 1.3 REFERENCES A. ASTM C136 Test Method for Sieve Analysis for Fine and Coarse Aggregates B. ASTM D698 Test Methods for Laboratory Compaction Characteristics of Soils Using Standard Effort (l2,4OO ft-lbAd) C. ASTM D1556 Test Method for Density and Unit Weight of Soil in Place by the Sand-Cone Method D. ASTM Dl557 Test Methods for Laboratory compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbAf) E. ASTM D2922 Test Methods for Density of Soil and Soil-Aggregate irr Place by Nuclear Methods (Shallow Depth) F. ASTM D4254 Test Methods for Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density Samuel Engineering, lnc We Provlde SotutlonsREVISION O ENCAr\r^ OIL & IIAS,USA) lNC. PART 2 - PRODUCTS 2,1 FILL MATERI-ALS A. Pipe Bedding - Bedding material aggregates shali be well grade4 rounded crushed stone or crushed gravel, graded with the following limits: Sieve Size Percent Passing LlZ iach 100 3/8 inch 85 to 100 Number 4 l0 to 30 Number 8 0to l0 Number 16 0to 5 Filler Materials: The aggregates for drain filters shall consist of coarse grained free draining gravel, slag, or crushed stone with rounded or angular particle shape, grade within the following limits: Sieve Size Percent Passing l-ll2lrrrch 100 l inch 95 to 100 ll2 nch 25 to 60 Number 4 0to l0 Number 8 0to5 CONSTRUGTION SPECIFIGATION 02223 BACKFILLING REV. DATE: May 18,2005, PAGE 2 B, REVISION O @ ;:l:,* *r;n€erins, I nc' ENCANA OrL & GAS (USA) lNC.CONSTRUCTION SPECI FIGATION 02223 BAGKFILLING REV. DATE: May 18, 2005, PAGE 3 C. Aggregate Base and Facility Surfacing Material: The aggregates for base course shall be crushed stone, crushed slag, crushed gravel or natural gravel, with angular particle shapes being prefened, graded within the following limits: Sieve Size 1 inch 3/4 inch Number 4 Number 40 Number 200 Percent Passine 100 50 to 90 30 to 60 7to30 0to5 D. Common Fill: Characteristics to be determined by testing laboratory and approved by the Engineer. PART 3 - E)(ECUTION 3,I PREPARATION A. The Contactor is responsible for layrng out and staking all work from base lines and survey reference points established by the Engineer. B. All areas receiving fill shall be proof rolled prior to placing fill. Proof rolling equipment shall be approved by the Engineer. Any regions which in the opinion of ttre Engineer exhibit unsatisfactory behaviour shall be removed as directed by the Engineer. C. The Contractor is responsible for locating, and protecting as required all underground services and structures from damage prior to commencing baclcfi lling operations. D. The Contractor shall obtain authorization to commence backfilling from the Engineer prior to the placement of any material. Material placed without the authorization of the Engineer shall be removed as directed by the Engineer at the Conhactor's expense. 3.2 FILLING A. Areas shall be filled to the lines and gmdes shown on the drawings with material specified on the drawings. Where material is not specified on the drawings, coillmon fill shall be used. B. Filling operations shall not continue over wet, frozen or spongy surfaces. The Contractor is responsible for maintaining all necessary drainage. Sam uel Engineering, lnc We Provida 5oluilon3REVISION O o ENCANA OrL & GAS (USA) rNC.GONSTRUCTION SPECIFICATION 02223 BACKFILLING REV. DATE: May 18, 2005, PAGE4 C. Maximum lifts of fill shall not exceed 6-inches of loose material. D. Fill material shall be placed such that ponding of water is not possible. Any backfill material flamaged by the weather or ground water seepage shall be removed and replaced at the Contractor's expense. E. Fill materials shall be watered or dried, as required, to obtain the specified compaction requirements. F. Filling against concrete work or masonry walls shall not commence undl the structures have reached sufficient strength to withstand the pressure of the backfill as placed and compacted. In no case shall filling corrmence prior to concrete and masonry having cwed a minimum of 28 days unless approved by the Engineer. Lateral support shall be provided for walls during bacldlling and care should be taken so as not to over-compact causing excessive stress on the walls. Compacting equipment shall be sized such that damage or displacement of the structure does not occur. The Contactor shall be responsible for repairing any damage to stuctures resulting from the compaction of the fill. All repairs shall be made at the Contractor's expense. 3.3 TOLERANCES A. Top surface of f,lling under roadways or bedding material shall be within 0,1 foot of the specified level. B. Finish surfaces directly under concrete shall be finished to a tolerance of minus l- inch to plus zero-inch. C. Other areas shall be within 0.3 feet ofthe specified level and slopes shall be maintained such that ponding does not ocflr. 3,4 COMPACTIONREQUIREMENTS A. Unless specified otherwise on the drawings the following minimum density requirements apply. General Fill: 95 percent of maximum unit dry density obtained in accordance with ASTM D698. 3.s FrELD QUALTTY CONTROL A. Field inspection tests will be performed by the Engineer. Placement of frll over an area tested by the Engineer shall be at the Contractor's risk prior to notification by the Engineer that the test results are acceptable. Samuel Engineering, lnc We Proelde SotutionsREVISION O ENGANA OIL & GAS (USA) lNC.CONSTRUCTION SPECIFICATION 02223 BACKFILLING REV. DATE: May 18, 2005, PAGE 5 END If tests indicate work does not meet specified requirements, the Contractor shall rework the area. Reworking the area and retesting shall be at the Contractor's expense. o REVISION O @ ;:ny;: Eisineerins, rnc. o O o o 1. WAGON WHEEL CONSIILTING ENGINEERING STANDARDS DESIGN GTIIDE This design guide covers the design, installation and maintenance guidelines for carbon steel pipelines used in natural gas service. CODES AND STANDARDS As a minimum, carbon steel pipelines shall be desigred to the latest approved editions and sections of the applicable codes and standards as follows: DESIGN OF CARBON STEEL PIPE 3.1 Allowable Working Pressure 3.1.1 The following formula is from 49 CFR Part 192, Section 192.105, "pipeline Safety Regulations" by the Office of Pipetine Safety, Department of Transportation @OT). P= N xFxExT D 2. Where: P:Internal design Pressure, porurds per square inch gauge (psig) S:Yield Strength, psi of pipe material in accordance with pam-graph 192.10'l t:WaIl Thickness in inches F:Desip Factor determined ;o u"6sldance with paragraph 192-11 of DOT pipeline safety E:Londhrdlnat joint factor deterrnined in accordance with paragraph 192.113 of DOT Pipeline Safety Regulations (E:1.0) T:Temperature derating factor determined in accordance with paragraph 1 92. I I 5 of DOT Pipeline Safety Regulations (T:1.00 for a temperature of 250o or less) 3.1.2 The above equation was based on the allowable working pressures for gas transmission and distribution piping at -20oF to 250oF service temperature' 3"1.3 Corrosion allowance must be added to the calculated wall thickness. : 1of l0 WAGON WHEEL CONSULTING ENGINEERING STANDARDS 3-2 Pipeline Sizing 3.2.1 Sizing Equations The AGA flow equation modified by the Colebrook-White transmission factor as shown below is recommended for the most accurate prediction of pipeline flow characteristics. Q:38.77410" ! Pr I P,'- Pr' ] o' d2'5 F [G Ts 2.", L] where: O:Flow rate (MMSCFD Tr,:Base Temperature (520'R) Pr.:Base Pressure (14.73 psia) Pr:Upstream Pressure (psia) Pr:Downstream pressure (psia) G_Gas specific Gravity (air1.0) lf-Flowins sas Temperaturc (oR) ry Gas comDressibility factor L:Pipe Lensth (miles) d-Pipe lnside Diameter (inches) F_Transmission Factor :4 Logro (3.71 d/Iq) K^-Effective Roughnbss (inches) 3.2.2 Mainline Sizing Criteria Mainlines are sized based on a 5 to 10 psilmile pressure drop. Physical and economic considerations such as horsepower, pipe availability, fuel gas costs and future expansion may dictate different sizing criteria. Summer or winter gas flowing temperatures and ambient temperatures will be used depending on the basic purpose of the mainline, i.e., winter peak day requirements verses year-round transportation for odrers, etc. 3.2.3 Branchline Sizing Criteria Branchlines are sized to flow peak hour loads. A specific psilmile pressure drop criterion is not used. The difference between the available pressure at the mainline tap and the required meter facility inlet pressure will be used, resulting in pressure drop rates up to 20 psi/mile. Pipe sized down to 2" nominal pipe size may be used. 3.2.4 Gathering Line Sizing Criteria Gathering lines are designed for a 5 to 10 psi/mile pressure drop, with a minimum nominal pipe size of 4". Physical and economic considerations such as horsepower and pipe availability, fuel gas costs and future expansion may dictate different sizing criteria. Rev. No.: 0 Number: DG4850 WAGON WHEEL CONSULTING ENGINEERING STANDARDS 4. ROUTE SELECTION 4.1 The route should be the most direct line between accessible starting and terminal points of the pipeline. Exceptions to this may be made for items such as rivers, work areas, rough terrain, archaeological and environmental considerations, towns or populated areas, land use, power lines, roads, railroads and related facilities. 4.1 .l Rivers and ravines should be crossed at right angles and in a straight run of the river. 4.1.2 Rough terrain, wet land and fault zone crossings should be minimized. 4.L.3 Road and railroad crossings should be minimized. 4.L4 Areas with a high potential for encroachment should be avoided 4.1.5 Areas with high potential for requiring condemnation to obtain right-or-way should be avoided. 4.1.6 The alternative of routing the pipeline in and along a public road or railroad right-or-way should be evaluated. 4.I-7 Pipelines should not be routed parallel and adjacent to power lines where reasonable alternatives are available. 4.2 The start and termination of the pipeline and preliminary route may be determined by using USGS maps. Route information accuracy requires field recomaissance and/or the use of aerial photography. 4.3 After preliminary determination of the route, an ownership search and preliminary survey should be made to determine actual conditions along the route. Based on the survey and related inforrnatiorq the route should be finalized and resurveyed as required. Property plats, permits and the construction drawings may then be prepared. s. RrGHT-OF-WAY (ROW) 5.1 Permanent ROW widths should be a strip of land 50 feet in width for a single pipeline. ln addition to the permanent ROW, temporary additional work space may be necessary for larger line sizes, at road crossings, river crossings, and areas with side slopes. 5.2 Any conditions or restrictions contained in the easement must be incorporated in the design and construction of the line. 5.3 The granting of a sales meter (farm tap) as a condition of the easement is discouraged. 6. PERIvIITS 6.1 Environmental permits may be required for a variety of reasons. The Environmental Department shall be consulted relative to any permit requirements. 6,2 Use permits are normally required when the pipeline crosses federal land, state land, state and county highways, railroads and waterways. The design and installation of the pipeline must be in compliance WAGON WHEEL CONSULTING ENGINEERING STANDARDS with the specific permit requirements. Any conditions or special requirements should be indicated on the design drawings and in the contact documents' 7. HANDLING AND STORAGE The interior of all pipe and fittings shall be kept free of dirt, liquids and foreign matter at all times. 8. PIPELINE DESIGN 8.1 Construction drawings and conhact documents for pipelines subject to the requirements of 49 CFR Part 192 should be thoughtly reviewed to assure that the design meets the latest requirements of that code. 8.2 The design of any facility considered exempt from Part 192 should be compared to the minimum requirements of Part 192. Atabulation of any deviations should be prepared and included in the permanent documentation of that facility. 8.3 All facilities shall be designed using the applicable design factor to meet the Class Locations as defured in Part 192 Pipeline cover greater than the minimum specified by Part 192, $ 192.327 may be required due to easements, permits, road and railroad crossings, drain tile and to provide clearance between the new line and existing pipelines. Also cover greater than minimum requirements may be prudent in agricultural areas due to deep cultivation or operating activities or in areas subject to significant wind or water erosion Trenching 8.5.1 In rocky soil conditions, the trench bottom should be undercut a minimum of 4 inches and the unde4rcut filled with fine gravel or clean soil that will provide a good bearing surface for the pipe. 8.5.2 The trench bottom should be flat to eliminate peak loads on the pipe and deter the pocketing of liquids. Crossings 8.6.1 Road and Railroad Road and railroad crossing design requirements are often dictated by the permit requirements of the governing body having jurisdictional authority. A permit must be obtained prior to making any crossing. Uncased crossings are preferred and should be pursued in the permitting process. Also, 49 CFR Pert 192, requires a lower design factor for uncased road and railroad crossing in Class I and Class II locations. [f unusual loads are anticipated, a stress analysis shall be required. 8.4 8.5 8.6 Number: DG-4850Rev. No.: 0 CARBON STEEL PIPELINES Rev. No.: 0 WAGON WHEEL CONSULTING ENGINEERING STANDARDS 8.6.2 WaterwayCrossings Waterways may range from small drainage canals to large navigable rivers and lakes, may of which require a crossing permit from a jurisdictional authority. Wetlands and navigable waterways are normally under the jurisdiction of the U.S. Army Corps of Engineers. Small stream crossings controlled by local authorities may not require special permits and may be accomplished with standard cross-country construction methods. However, the specific requirement should be checked with local authorities before proceeding with the crossing design. The selection of the most suitable location to cross a waterway involves many considerations, particularly if it is of significant size. ln selecting and designing the crossing, documentation of the history, geolory and hydrology of the waterway and projection of possible future considerations such as bottom scouring and movement of the channel should be competed. Waterway conditions at the time of construction will also influence the selection of the crossing. An accurate survey of the river should be made, noting caving banks, sand bars, and related items in order to arrive at the best location and determine depth below the bottom of the channel. Economic and engineering evaluations will need to be completed to determine the design of the crossing and method of constmction to use. For major pipeline systems, consideration should be given to a dual crossing which would provide a backup should failure or damage occur to one of *te crossings. Foreign Pipeline Crossings The specific requirements for foreign pipeline crossings are normally set by the owner or operator of the foreign line. The minimum cover requirements are maintained and the crossing is approved by the operator of the foreign line. Cathodic test leads should be installed on the company line and the foreign pipeline with the approval of the owner or operator of the foreigr line. Pipeline Pulling 8.8.1 The effect of pulling a number ofjoined lengths of pipe across the ground by gripping one end results in the generation of a tensile load in the pipe. The maximum force that can be applied to the pipe lenglh in pulling it into position should be calculated prior to pulling. 8.8.2 A pulling head should be used to attach to the leading end of the pipe. This can take the form of a simple rubber pad with a steel cable wrapped around the pipe, or can be more sophisticated in the form of a pulling head. 8.8.3 Under no circumstances should the pipe be pulled by attaching to the flange. If flange assemblies are installed, they musty be elevated to keep from dragging, both in front and behind. 8.7 8.8 WAGON WHEEL CONSULTING ENGINEERING STANDARDS CARBON STEEL PIPELINES 8.9 Pipe Laying Connections made to valves, unsupported equipment, manholes, etc., shall be supported. A concrete pad shall be installed under the heavy member to resist settlement and preclude the pipe from supporting the component. 8.10 Backfilling 8.10.1 The final backfill material can be the original excavated material or other convenient soil provided it does not contain large rocks, debris or frozen lumps. The backfill should be compacted to 90Yo. 8.10.2 ln areas where a high water table exists it will be necessary to allow for the effect of buoyancy of the pipe and of the backfill material. The conventional trench configuration and the frictional forces and load on the fill will no longer be suffrcient to overcome a tendency for the pipe to float. This situation requires that the depth of cover be calculated from the following equation; rr _ 0.785 (D2ww) - Ws D (Ws - Ww) Where: H-Minimum cover in feet D-Diameter of the pipe in feet Wp:Weieht of emptv pipe in lbs Ws:Saturated soil density in lbVcubic foot Ww:DensiW of water in lbs/cubic foot 8.11 Plowing In The plowing in of gas piping will not be allowed without prior written approval of the Client. 8.12 Valve Spacing and Desigrr 8.12.1 Sectionalizing block valves and blow down valves for new transmission and non-rural gathering lines must meet the requirements of 49 CF& $192.179. 8.12.2 The installation of block valves in rural gathering pipelines and in all pipeline segments that are replaced, relocated or changed shall be based on operating considerations. Hydrotesting is not considered to be replacement, relocation or change and does not dictate that a valve be installed. 8.12.3 Block valves should be located at readily accessible locations, such as near roads, but away from overhead power lines if blow-offs are included. WAGON WHEEL CONSULTING ENGINEERTNG STANDARDS 8.13 Liquid Removal 8.13.1 Liquid may accumulate at any low point in a pipeline and some means of removal should be considered during the design phase of a pipeline system. Methods typically used for liquid removal in pipelines are siphons, drops and pigging. The selection of the method or combination of methods should be based on the expected liquid volumes and liquid disposal problems. 8.13.2 Siphons are typically installed at low points in the pipeline where liquids can accumulate and in drips and scrubbers. They consist of a pipe inserted through the top of the pipeline using a saddle connection (or piping system) that extends to the bottom of the pipe with a valve to allow blow down of the liquids from the low point. Temporary insertion type siphons are also available. Siphons should not be installed where they may become a restriction to pigging operations. 8.13.3 Drips are fabricated assemblies installed with the pipeline to separate and store liquids. They are generally located at wellheads, inJine on pipelines, at pig receivers and at inlets to plants. The liquid capacity of the drip should be based on the expected volumes of liquids to be removed, time period between draining of the drips and related operating conditions. 8.13.4 Pigging Consideration shall be given to the installation of on-stream pigging systems when accumulations of liquids, dirt, wax and related materials would severely decrease the pipeline efficiency or contribute to internal corrosion. Pigs may be any of a large variety of types. Pigging will normally require the installation of permanent on-stream launchers and receivers for those facilities that require frequent pigging runs, or those mainline transmission pipelines which cannot be taken out of service. Temporary or mobile type pigging systems may be considered for gathering and those pipeline which can be taken out of service and are pigged infrequently. The design for system to be pigged should ensure that no restrictions are included in the system. Where a line size change occurs, the normal practice is to install a receiver and a launcher, although multiple size pigging sections should be considered. Installation of guide bars on all large side connections and liquid removal facilities must incorporate into the design to prevent entrapment or damage to the pig. l,iquid receiving facilities must be provided and sized to contain the slugs of liquid expected to be removed from the piping by each pig run. Branch Connections 8,14.1 Branch connections or side taps should be designed into the pipeline as necessary to combine or split flows, and to provide service to other systems or sale facilities. 8.14.2 Farm taps, although discouraged, may be required by ROW easement. a. b. d. Number: DG-4850Rev. No.: 0 8.14 WAGON WHEEL CONSULTING ENGINEERING STANDARDS 8.15 Pipe, Valves and Fittings 8.15.1 The pipe used in the design should be seamless, submerged-arc welded (SAW) or electric resistance weld (ERW). Pipe should be specified to ASTM A106 Grade B or API5L. The ratio of pipe diameter to wall thickness (D/t) should not exceed 90 without a specific evaluation to be included in the permanent facility records. For welded pipelines, field weldability due to wall thickness should not be of concern for wall thickness 0.156" and above. Added wall thickness for corrosion allowance shall be added when corrosive gas (with high levels of HzS or COz with free water) exists in the system. Special chemistry should also be considered for pipe to be used in corrosive gas service. 8.15.2 Valves in pipeline systems shall be rated by an ANSI class designation. Valves 2" and larger must meet API 6D or an approved equal. The pressure rating of the valve must meet or exceed the desigrr pressure of the pipeline. For corrosive gas applications, NACE trim should be specified. Valve ends for comlections to pipelines should be either weld-by-weld or weld- by-flange with the weld always on the side serving the most critical service. Some common applications of various valves are as follows: a.Plug Valves Block isolation and blowdown b.Ball Valves (full open)Hot tap valves, where pressure drop must be minimized or where pigging is a consideration c.Gate Valves Block isolation and hot tap valves d.Check Valves Dhection flow devices at side valves settinss and in comDressor pipine e.Relief Valves Ovemressure protection f.Control Valves To contol volume or pressure 8.15.3 Flanged connections should be avoided below grade in order to reduce the potential for undetected leaks. Screwed connections 1-1/2" and smaller may be used; however, screwed connections made directly on the pipeline are prohibited except for locations that may be conveniently isolated and there is little risk of mechanical damage from outside forces. 8.15.4 The materials and rating of flanges and fittings for the pipeline must be compatible with or exceed those of the pipeline. 8.16 Pipe Coating and Painting 8.16.1 Sttel pipe installed below ground or submerged must be insulated from the earth to reduce the cost of external corrosion control (cathodic protection current). Pipelines may be protected using a variety of extemal coatings applied in a coating yard, at the job site or over-the-ditch. 8.16.2 All above ground piping must be painted to prevent atmospheric corrosion. WAGON WHEEL CONSULTING ENGINEERING STANDARDS CARBON STEEL PIPELINES 8.17 CathodicProtection 8.17.1 Steel pipelines installed below ground or submerged must be protected from extemal corrosion using cathodic protection as part of the protective system. 8.17.2 Cathodic protection systems require that pipelines be electrically insulated from other systems at certain points. lnsulating flanges or unions should be installed in above ground piping at all plants, meter stations and connections with foreign pipelines. 8.17.3 Cathodic protection is normally provided by a rectifier and ground bed system or sacrificial anodes. The rectifiers are installed as necessary to provide the required protection. Test connections are provided at intervals along the pipeline, generally at road crossings and cased road/railroad crossings. The test connections are typically installed with the pipline by the contractor. The cathodic survey is made by either the Client's cathodic specialist or specialized contractor. Special grounding system should be considered when the pipeline parallels a power line. 8.18 Testing 8.18.1 Radiography is a means to contol welding qualrty during construction 8.18.2 Pressure testing must be conducted on all pipeline sy$tems to establish integrity. Most testing is done with water, however, sorire testing may be either air, nitrogen br natural gas. Environmental permit requirements must be considered when planning the hydrostatic test. 8.18,3 After completion of a hydrostatic tes! the pipeline must be dried. Generally dewatering of the line with cup pigs is all that is necessary. Winter start-up, proximity to the market or contract requirements may require additional drying. Methanol slugs may be pushed rhought the pipline with pigs to remove moisture and suppress the dew point. Methanol may be injected during the start-up to reduce moisture and hydrate problems, Compressed and dried air may also be used with pigs to dry ard clean the line. 8.18.4 Under no circumstances shall the total time under test exceed eight (8) hour at 1.5 times the design pressure. 8.18.5 When draining the water from the pipe, beware of creating a vacuum condition. Both ends of the line should be open to atmosphere to allow the water to run freely out of the pipe. 8.18,6 Unless otherwise directed in writing, all tests shall be conducted or withnessed by a Client representative. 8,19 Qualified Welders 8.19.1 Only "Qualiffied Welders" (anyone who has passed a KNE administered welding test within the preceeding 12 months) will be allowed to perform welding on pipe and Iittings. 8.19.2 Candidates for qualification or requalification shall fabricate test assemblies for each rype and size of material required for a specific job. Number: DG-4850 CARBON STEEL PIPELINES Rev. No.: 0 WAGON WHEEL CONSULTING ENGINEERING STANDARDS 8.20 Line Markers Typical signs include "Caution" or mile post signs and aerial patrol signs. The "Caution" signs should be installed all crossings and other locations where necessary and practical to identifr the location of the pipeline to reduce the possibility of damage or interference. If a line is to be patrolled by airplane on a regular basis, aerial patrol signs should also be installed. The fence posts on either side of the pipeline at all crossings shall be painted distinctively. DOCUMENTATION All documents become part of the "as-built" package and shall include applicable construction drawings reflecting the actual installation, rechain survey notes, purchase orders, pressure test records, radiographic records, specifications, manufacturers drawings and certifications, mill test reports, code calculations and other related documents. 9. WAGON WHEEL CONSULTING ENGINEERING STANDARDS PIPELINE CASING AND iNSULATOR INSTALLATION FORUNDERCROSSINGS Rev. No.: 0 Date: Number: DZ-4914 Page: I of2 .$uir nf. !l^ihiiFr,, i;,.1 -,.*, -.-.-"..-*lSiA*arli( ;tt !! ;rl ; Ii i=l i I,tj-:" 7.t ! lrl I i i J-*-*i:iU ,J r:i{o oF c.,(s}.{c *,*EAL ,(t€r -t{,iiJ:=_il.1}&_.ilrj.q.r" $"a.: j.zd - 1-tity. _.-.i.- r: i-e YA I ri-nt . In: l:1 ssJ-$€ I al -- ^i H'r& ?OE I , ::ji i r i-.1 I ,4,J tr :):il;' i rl:aiti r',S{-z;."""". :i U/AGON WHEEL CONSI.ILTING ENGINEERING STANDARDS PIPELINE CASING AND INSULATOR INSTALLATION Rev. No.: 0 Num,ber: DZ-4914 FORLTNDERCROSSINGS Date: Page: 2 of 2 Notes: l. 2. J. 4. lnsulators shall be installed over specified protective coating on ca:rier pipe. lnsulator rings and seals furnished by Client and installed by Contractor. Follow highway and railroad specifications for specific depth and length. Use 2 extra casing insulators, one on end and one 4' from end, to guide though properly. Drag section must be placed in the casing so that casing insulators will satisfactorily center drag sections All below ground casing and vent pipe to be coated with approved external protective coating. Above ground portion to be painted in accordance with specifications. Install casing vent with 10" x22" warning sign on each end of casing. Anodes shall not be connected to ttre casing Casing vent lines to be electrically isolated from carrier pipe and installed so they cannot contact the carrier pipe after settling. Install cathodic test load at each vent in accordance with cathodic test stations. Above information must be submitted and approved by the regulating authorities prior to 6. 7. 8. 9. 10. 11.Refer to the following standards: Pipeline Undercrossing for Highways Pipeline Undercrossing for Railways Cathodic Testing Station Pipeline Marker Casing Vent Casing lnsulator DZ-49t1 DZ-4912 and 4913 DZ-4939 DZ-4940 DZ-49t5 DZ-4qrc WAGON WHEEL CONSULTING ENGINEERING STANDARDS Rev. No.: 0 4h,. i rj.,it iii: if,:R:jai, : I - '-":i'1'' '1'f: :iiijr* Ei-i: \.i,,\Tir_)h 1.1i -,!-I. . _', 'L:1i. ;ra:r1 li;r:.i:-i.i i.r!:r Jr! i;i I t'.',.r" r.'-rii.iirl!.r.ir+. - - jtr- - i::] :- ill j rr1,r- t l'fi- i,""; :: i,:-i:lr::=i:-i:: i:::-ti-vFifi --i-'--'* --:,:--- -------;, '--^ -l i .Ii+ . . - i=-::*--i- -,-:.--. :j:-::::ii:i--:- :---'- :.-:-a: Notes: t. 2. aJ. Vent pipe material to be the same as the casing Vent shall e l'-0" outside R/W line. All materials to be furnished by contractor excep pipeline marker, unless otherwise noted on construction drawings or contract documents. All material except pipeline marker to be installed by contractor. When casing extends at least l2" outside R/W line, double miters in vent are not required. All below ground vent pipe to be coated with approved external protective coating. Above ground portion to be painted in accordance with specifications Refer to insulator and casing standard, DZ-4914. Referto pipeline marker standard, D24940. 4. 5. 6. 7. 8. CASING VENT '--' t+tl J{irJir*i; ;'E-i :l"x Number:DZ-4915 Page: I of I i:tdl'.) i:r1_ t',4, l-i{-,,i.j l -1- - : (1i ::i-l l 1 WAGON WHEEL CONSI.JLTING CASING INSULATOR P|-AST]C 8'isLi-AiOii --l.f'lRu P.:- ENGINEERING STANDARDS Number:DZ49l6 Page: I ofl r : S'l-:-FlL litSULtrT0R a;i[i]i llili'{A!'Cl: ?- '.....-. .iri:..-;ric" ' 'ri,'r- I '. :i." ,r .r.f !, 1- jrl -'l -.. -' - -- -+ -.1 . - -- -1 -- _ .-_ _ l :li,, ',,1-;i i /n 1'. ". ,-,"151 i- 34{},.r.'.| +'. .''1 rg., U' r'.. ^. '.- --)-, -'-i :i; ' r-,:irip.r.,:r S; A:-l-. lt'1.9.J!.-n ICti -ai.- ,-.1- ; inH-TH ,?F rrAslirt __:I-jlt t{o.orrlsii',nrops -..--l . t._ ._--.-*__ r--.,lrC l-=-Ai Jj;lraft; i fiiL*rlcrE: j I n*, eoi.is tlii sTrrt)$ snA-L fa s'iA8ui-iss sl-L?i- ijf iAo!*p-fi pLAiEc s.IEEL i r. rHq slE4t, itsri-AToR t-$€R g{fl.r EE I{ECFFENT Et-EtsEE oe lp.trR.ryFf-} plA+'itc, Flr.! L. =i {i.F;*a-il. 5-l-{,c.r- e}-:, 4libilluh{ Tl{(7rif€ss o!,'9{-l [#-5 A,'i+ H.i.].'r I s:jr]tri !;AR-rEaSs i::,:- et rt tl.j :. i'nr i.1$ sE.*l- :-:tiAJ 8E THE sli.' ',tYFi.. A.r:j 'r.qt EAi{D5 SH.-dL 3t SiAl\d-t}-lii li'f[n-.-i :t'; i-i,. ! , ij{ \:-"; --# ,+ :fl1-^'" *I"'-'i.,-- i Lltll ii{ttrr ':i-:1'f ; liI'i YPE NStn-A-roP- i ,os i ..;o i 1:; r. i ,.j. WAGON WHEEL CONSIJLTTNG CAT}IODIC TEST STATION ENGINEERING STANDARDS Number:D24939 Page:2ofT Rev. No.: 0 Date: l.,,ilLi:. r\l,j{lili 1li(.rrtt.l i{ilii,.{i.,::_Y- l:-i_ I lr i rrf t nF s i dMf a.H-l i l.,L,.r ! Ii ij,{G rif"i ilAill"i t}}ll-Y ';,.t.,,.'-:- r"--i'\__/-/:.-.-, . -' \.:;L+?'*-.'*- .L." LUA tt--U l'rvkLiNt" tst-iRiill Ai.lli i;AilKFit_i.ltr ' M /ic;t\il-SJI Ili Alt(ji if-" iY r'r:'l.RidiiAiJLF" i-;L'j j'i i ri,,i;l 1[ia.7rrii!-.iFiii rij l:'J !1Al -/.Frl r i.CiX l:Ir..'{' ( ijiiPiT0!l Tf'i !\iS IAil-A 1 ir-ili :.;1i1';91,;, l\(Yi-; ; : ._ I il WAGON WHEEL CONSULTING PIPELINE MARKER Note: L ENGINEERING STANDARDS Number:DZ-4940 2. J, Page: I ofl . '1. ,:' 'l The warning sigrr shall be ten inches (10") wide x twenty-two inches (22") high metal plate. Each sigrr shall be printed black on white and nclude the following information: )"Warning High Pressure Gas Pipeline" ) CompanyName ) Telephone numbers of Corporate office and Division offrce Contractor will furnish 10" long steele pipe posts of 2", 3" or 4" nominal diameter junk pipe. Some of the posts will have warning signs bolted to them and others will be only the plain posts. Posts are to be set 1'-0" to one side of the edge of the installed pipeline. Postholes are to augured and made a size larger than line marker post. Holes are to be filled with dirt and tamped sufFrciently to provide a frnn post setting. Posts are to be installed a maximum of Yz mile intervals or at fence lines, and other locations necessary to locate pipeline. Final locations will be designated by the Client representative on the job. At road crossings, a post is to be installed on both sides of the road with both posts having a warning sign. Posts are to be buffed clean of all rust, scale, oil, etc., then prime coated. After primer coat is dry, the entire post is to be painted red. 4. 5. ii .1... : ..jir ,'a, : ,-..,. l:r.,, i r'--.-.' ; :rq..j--.;:i- 1- .' ' o Fire Prevention & Suppression o o l. 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 Arestors 4.1.4 Parking, Vehicle operation & Storage Areas 4.1.5 Equipment 4.1.6 Road Closures 4.1.7 Retueling 4.1.8 Buming 4.1.9 Fire Guard 4.1.9.1 Fire Guard Communications 4.1.10 Welding 4.1.1 I Restricted Operation 4.1.12 Monitoring 5. Fire Suppression 5.1 Suppression 5.2 Monitoring 6. Notification 6.1 Notification Procedures 1. INTRODUCTION The Fire Prevention and Suppression Plan (plan) identifies measures to be taken by EnCana Oil & Gas (U.S.A.) 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 rifhfof-way (ROUD, 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 flammable liquids. During pipetine operation, risk of fue 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. RESPONSIBILITIESANDCOORDINATION 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 fiilfiII other obligations as directed by fire control authorities. In addition to the above, the Company will: o Ensure that prevention, detection, pre-suppression, and suppression activities are in accordance with this fue plan and federal, state and county laws, ordinances, and regulations pertaining to fire. o Accompany agency representatives on fire tool and equipment inspections corrective action upon notification of any fire protection requirements that compliance; and The fire prevention and suppression measures described in this plan will be in effect from June I to the end of construction. These dates may change by advance written notice by fre 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 PRECONSTRUCTIONANDCONSTRUCTION Methods and procedures that will be implemented prior to and during the construction period to minimize the risk of fire are described below. and take are not in 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 held personnel during the proj ect' s environmental training pro grzlm. 4.1.2 Smoking Smoking is prohibited 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 equippea with an unaltered muffler or on diesel engines equipped with a t*Uo"n*ger. A Garfield County fue prevention officer will have fuIl authority to inspect sp-ark 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 rt tionury engine sites, where permitted, will be cleared of all flammable material. Clearing will extend a minimum of l0 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 witt carry one long-handled (48-inch minimum) round-point shovel, and one dry chemical fire extinguisher (5 pounds minimum). tndividuals 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 wildlife frefighting. All equipment will be kept in a serviceable condition and readily available. 4.1.6 Road Closures Contractor will notiff the appropriate fue 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 by passes will be clearly marked by the bort u"t* During road closures the Contractor will designated 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 Contractor will designate a Fire Guard for the construction spread prior to construction activitiei. The Fire Guard must be physically able, vigilant, and suitably trained to detect fires and use required fire-fighting equipment. The Fire Guard may not perform other functions during pipeline construction in addition to his/her Fire Guard responsibilities. The Fire Guard will be identified by a hard- hat decal and/or other appropriate designation. An alternate or back-up Fire Guard will be designated to *trr-. responsibility, if the primary guard is unable to perform their duties. Contractor will provide, if required by the Company, additional fire watch-people with radio communication to the Fire Guard should construction activities be too widely spread for one Fire Guard to manage effectively. 4.1.9.1 Fire Guard Communications: The Fire Guard will be responsible for maintaining contact with fire control agencies, and will be equipped with a radio or cellular telephone so immediate contact with local fire contool agencies can be made. If cellular phone coverage is not available, the Fire Guard will use the Contractor's frequency to contact their radio base at the Contractor's yard. From there, yard personnel will telephone emergency dispatch. 4.10 Welding One 5-gallon backpack pump will be required with each welding unit in addition to the rturrd*d hre equipment required in all vehicles. All equipment will be kept in a serviceable condition and readily available. 4.ll Restricted OPerations The Contractor will restrict or cease operation on lands during periods of high fire danger at the direction of the responsible Garfield County Fire Management Offrcer. The Contractor will restrict or cease operations during periods of high fire danger at the direction of the Garfield County Sheriff s Offrce 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 precautions are implemented' 4.12 Monitoring Construction and Environmental tnspectors 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 fre 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 carses of fire on the nbW ."irlt 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 PIPELTNEMAINTENANCE During maintenance operations, the Compaly or its Contractor will equip personnel with basic -fire-fighting equipment including fire extinguishers, and shovels as described in Section 4.1.1 Eq;ip-"rt. Maintenance crews will also carry emergency response/fire control contact phone numbers. FIRE SUPPRESSION 5.2 SUPPRESSION Contractor will take the following actions should a fue occur within the project area during construction. o Take immediate action to suppress fires using all available manpower and equipment. Notiff the Fire Guard. Immediately notify the nearest fire suppression agency of the fue location, action taken, and status (refer to Fire Suppression Contacts for a list of fre suppression agencies and emergency phone numbers). Relinquish the Fire Guard's direction of fire suppression activities to agency fire management officers upon their arrival. If a reported fire is controlled, the Fire Guard will note the location and monitor the progr"r* in extinguishing the fue. The Fire Guard, or their designee, will remain at the h.. ,r"n" until it is fuily extinguished. The extinguished fue will be monitored in accordance with procedures described in Section 5.2 below. 6. Fire Supnression Contacts 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. The Fire Guard will maintain a log of all extinguished fire locations for future reference. NOTIFICATION 6.1 NOTIFICATIONPROCEDURES Construction crewmembers will report all fires, whether extinguished or uncontrolled, to the Fire Guard. If the fire is uncontrolled, Contractor's Fire Guard will call the nearest fire suppression agency (refer to Fire Suppression Contacts), and the Company' Information regarding the location of the fire, properfy 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 Fire Guard will call to notiff the n.are.i fire suppression agency to alert them of the situation. The status of the fire will be monitored by the Fire Guard and when extinguished, the nearest fre suppression agency will be notified. See table for a list of fire suppression contacts. Construction Phone Number Office Location BLM Lands, Colorado Garfield County (970) 2s7-4800 Grand Junction lnteragency Fire Dispatch Center Private and State Lands, Colorado Garfreld County (970) 28s-e127 Garfield County Sherifls Offrce in Parachute SIATE OF COLOI\ADO Bill Owens,'Covernor Jane E. Nonon, Executiv: Direitor DedicareC n prorecring ancl inproving,the hea /th .rnd envircnrne ni o[ the people oi Coloracio 4.100 Cherry CreeL Dr.5.Laboratr:ry ancl Radistir:n Services Division Denver, Colorado 801'lti'1530 8100 Lowry Blvd. Phone (1031 692-3000 TDD Lin': {3C3) 691-77C0 Denver, Colorado 8011C-6 92 I (303)692.3090 Colorado Depanmenr otlublic Heairh and E-a.vironm:nt LocateC in Glencial:, Colorado hnp :/ivt+r.'v. cd phe.stalc-co. u.s iaauary 15,2003 Eric )rzIalsh, Vice hesident FnCana Oil & Gas (USA) hc. 950 17th Su'eet Suile 2600 Derver, CO 80202 303/623-2300 RE: Iilnl Perait, Colorado Discharge Permit S1'stem - Stormrrater Ceriification No:COR-034840, Garfi eld Cou:rfy Mamm Creek Local Coniact: David Grisso, Operations Super., 970162.3709 A-uti cip ated Activitl': 07 I 07D0AZ throu gh 06 B0 n007 0n999 acres (5 acres disturbed) D32r Sir s1 ffidem' Enclosed please find a copy of the pemrit ciffification that was issu:d to you uarier the Coloraio Water Qstifv Conro1 Act Yor:r cefiiicalion rrnrler tle prmit rcquires that specifc actions be performed at ciesignated times- You are iegaly obligated to coraply with a]l terms and conditions of you: cerdficatioa Note tbat the storafi,ater permit for construction actil'ities now covers construction sites disnubing dorr'n to one acrt (the previous threshold was 5 acres). Effective Juiy 1, 2002, anyconsE''uction activity tlat dishrbs at least i acre ofland (or is prrt of a Urg* common plarr of drvelopmetrt or sa-le flrat v/i[ disil]t al Least I acre) must apply for permit csverage. please rcad the perrtril and cerlification- If you have any questioru please visii our;'ebsite ai http/ivrwrv.cdphB.stare.co.us/wq/permitsunit/wqcdpmt-hUn! or conucl Nathan Moore at (303) 692-3555. Si-ncereiy, ,t //^ ^()"rry o Kathryn Dolau \y LP-VI/Ln__ q Stormwaler ho gi-am Coordinator Permis Unit WATER QUALflY CONTROL DI\TISION Enclosr:re xc: Regional Council of Governments Local County Health Department Dktict Engrneer, Techni:al Sen'ices. q;QCD , .+- l lr\rrcr -rr -.4 -'*--.. tC:*-r-Si't Cierry Creek Dive Sou:h ;, Coiorado 80246-l530o K4TIONAIE S TO P,tVfr!.4 TE P D I S C ]{ARG E S A S S O CI ATED W IT]! CONSTRUCT]ON ACTTYITY GENER.A.L PER-L,TTT N COLORADO SECOND RENEWAL COLOMDO DISCHARGE PEMIIT NIqBER COR-030000 CONTENTS ]ntroduction Background Snrmwalr Dbchargu Associated with Construction Activi'ry Coverage Unds rtb Permit Appli caion ond Certifcation Qt alifying Lo c al Pro gr ams Terms and Conditions of Permit I, II. il[. il/. V, W. Yil. PAGE l 2 3 '4 4 4 5 ]. NTRODUCTIAN Thfs permit is for the regulation of stormwater rttnoffrom consfi:uction activities. The term "cotsmtct[on activiry" includes clearing, groifng and icayation operations. "stormwater" is precipitation-induced surface runof. This R.ationale will ( exptain rhe background o1 the Stormwater program, activities which are covered under this permit, how to apply for coverage | , underthis permit, and the requirements.of thb Petmit- The forns discussed in the Rationsle and Permit sre svailable on the Division's website at: hxp !h+ww. cdp h e-st at a co. udw q/p ermi* un itA+ q c dp mL html A. Chansx tn this Gmeral Permit Ssveral notable changx from the previous General Permit for Constrttction Activities have been incorVoratetl into th* pirmit. Most of the changu are related to the Phase IJ revision to the stormwater regulation in the Colorado Discharge Permit System Regulations (|CCR 1002-61), ffictiue March 2, 2001. Sigtificant changes are listed below: l. Permit coverage is now required for constrttction sites that disturb I to 5 acres (i-2, small constrttction activities). Allowances.have been made for small construction activities lo comply with the requiremens of a Division-approved Qtalifying Local Program (refer to section Yl belowfor a discussion of Qualifuing Local Programs) in place oJ m'any specific requirements in the Permit, including reguirements to submit an anplication, inactivaion nodce, and fea to the Division. Refer to Part I.A. j of the Permit and section VII.A of the Rationale for more details. 2. Therequirements to submit the Township, Range, section and quarter section of a site and a lisl of any other environmental permix for the sile with the application have been removed. 3 Inactivation requirements hwe been changed to allow small constntction activtties that submit applications i-n jiiA..;ing a compleion clate I2 months oi less from the start of construction activi4t ro be authorbed for o pled-qtermined peiod from 3 to I2 months. The permit cenification will include the autornatic sPiration date for pirmit coverage. This expiration dale will be in place of the requiremenl to submit an fnacrivation Nonce, IJpermit coyerage beyond the expiration dote is needed (i.e,, the site hos not beenfi,nally stabilized), the perminee must stbmit on extension reqltesr foTm to the Division at least l0 days pior ro the ezpiraion q ,':jri3r--.ire - f^E! 2. ?zrmit No. CUR-LUUU(D ; -:'TRODUCTION (con:.) 4. The Rattonale discussion on the Exemprtons for Small Municipatities (section III.B) has been changerl to include the March I 0, 2003 deadtinefor permit coverage for muntcipallyowned inclustries. Thx ii not iaany changu to the permit ii, tsACKGROLND As required under the Clean lVater Act amendmens of )987, the Environmental Protection Agency (EpA) has establbhed aframeworkfor regulating municipal and industrial stormwater dischargu. This fi.amework i uncler the National pollutant Discharge Elimination Sysfern (NPDES) Program ['lote: T'he Colorado program is refened to as the Coloraclo DbchargePermit.Systern, or CDPS, instead of NPDES). The Water Quality Control Division (,the Division,,) has stormwater regulations (5 CCR I 002-61) in place. These regulations reguire specific typx of industial facitiiies that d,bcharge stormwater associated with industrtal activity (indrutial stormwater), to obtain a CDpS permitfor such discharge. Theregtlations specifically include cons'trttction activitia that disrurb one dcre of land o, ^irc as inttwtrial /acilitiis.Construction activities that are parl of a larger common plan of tl*elopment which disturb one o.a-e o, io* over a peiod tthne are also included. General Permix The Water fuality Control Division ("the Division") has determined thar the use of general permirs u the appropiateprocedurefor handling the thousands of industrial stormwater applications within the Srate. Permit Requirements This permit does not require submbsion of efrtuelt-monitoring data in the permit application or in the permit itsetf. Itis beli*ed that afully implemented Stormwatq Management Plan (Sl{Mir) shouli be syfi,cient to control .watq (guality impaca. ( The permit requirx d.ischargers lo control and elimfnate the sources of pollutants in stormwater through thedevelopmmt and implemenlation of a swMP. The plan must include Best Management practices pirsl, which wtlt include pollution prauntion and source reduction measurc{.. This will constitute BAT antl BCT and should achiwe cornpliance with watt quaw standards, The narative permit requirements incluc{e prohibitions against discharga of non-stormwater (e,g., process water). Refu to part LC.2 of the permit. In addition, as a condition of this permit, the permittee is required to pay the annual fee ds descibecl in the Water Quality Control Act. Failure to submit the requiredfee when due and payable is a violation of the permit and will resuh in enforcement action as dbcussed below. Permiltees will be bilted for the initial permit fee within a /ew weelcsof permit issuance. Some corutntction actiilies may be required to comply with d Quatifying Local Program in place of meeting several of the specific requiranents in this permil. Sr/ar covered by a Qualifying Local Program may not be requirid. to srbmr an applicationfor coverage or a noticE of inactivation and may not be required n jrry the annual fee. iefer to Secrion VII.A o/ the Rationale for furth er information Violations/Penalties Dischargers of stormwater assocfated wilh industrial activity, as defined in the Regulations for the State Discharge Permit System ('CCR ],002-61),which do not obtain coverage under this or other Colorac{o general permits, oritnde,an individual CDPS permit regulating industrial stornwater, witl be in violation of the Fecteial Clean Water Act anc{ the Colorado Vlater Quality Contt'ol Act, 25-8-101. For facilitix covered under a CDPS permit, failure to comply with ozy CDPS permil requirement constilutu a violation. Civil penalties for violarioru of the Act or CDpS pennr requiremenE may be up to $10,000 per doy. Ciminal poilution of state waters is punishable byfines of up to $25,/per doy. D o o i;a'.e_,\,.'; .i - i.? ;,-5CL:,I,R GiS,i S S O C iA T-e D 14' l ?.\ C C L,S TR U C TT O N A C TII/I Ty i,": S:crmwcier re?laions require that stormwater discharges associated wirh cenain infiustrial activities be covereC unrier rhe .tzrmi: aroFTcrn Consrntction acrivin, that (iisarbs one ocre or more is specificalt.,- inclttcled in the listed industial ,1. Constntcrion I cnvirv Constntclion actit'i? in.cludes clearing, p'ading and excavatian activities. Consmtcrion d.oes not include routine mainrencnce performed by publtc agencies, or their agents to ml.intain original line and grade, hydraulic capacin,, or origincl purpose o1 thefacility Definiions of addirional .orms can be lound in part I.D of the permit Stormwcter tiischarges yom construcion activ[w require pennil coverage, except for operdrions tlrut result in t1e cilsrurbance of less than one acre of total land area which are not part i1o torglr-ro^io, plan of develapmen! or soie- A iarger common plan oJ developmenr or sale is a contiguo* urri whi muliple separate and distinctconsrttcion acrrvtnas malt fi, taking place ai diTererl times on dif,erent sched,ttles under ine ptan. Tyo"-s of Acivities Coyered This pernit is intended to cover most new or xisting dischorges composed entire[y of srcrmwaterfrom consbacion acnvfnes rhal are required by State regulation to ottain o p"r it. Tiis inctudx stormwater dischirgu associaud wuhcreol tha! dre detiicated to producing eirthin mateials, such as sotls, sand, and gravel, for use at a singleccn:rrtcion site' These oreas may be located at the consnltction site ot at some other location. Thy. pir^it 1ox notc*hoiJe rhe discharge of mine waar ar procoss waterf?-om such areas. ihis oermit also includes stormwarer clbcharges associatecl with dediiated asphah p;lon;^ and concrete plan$ loccizc ar the consrntcrion sites. Twes ot-Acrtvitiu NOT Covered This permit does not cover stot'mwater discharged fi'om constructio'n sites lhot is mixed with stortnwater from other rypes of indusridl activities' or Process water of any kind. other types of indusrrial activities that requiie stonnwarcr dlscharge permits ptrsuant to difereni sections of the regulations (Regulation 5 ccR I 002-6 I , secti-on il .2 (e) (iii) (A- 1, K)J, are nor covered by this permit. This pet'mit also dor# not cover the discharge of process water. If the cons*trction activity encounters ground,water, eConsrntction Da+'atering Discharge Permit (Permit Number COG-070000) must also be-obrainerl in order to tiischatge this groundwatufrom rhe excavation site. An applicationfor this permit can be obntnedfrom the Division at the address listed in Pan I.A.4.a of the permit. h emp rio ns fo r Small Muni cin alities The Intermodal Surface Transportation Eficiency Act of 1991 (Sectton 1068(c)) ndded an exemption to the storm*cier regulatioru for municipolities with less lhan t00,000 population. The term "municipaliry,, inclules cities, towns, counties, speciai disrricts or any entity creared by or pursuant to state law. Sionnwaier discharges essociated with constntction activirytforfacilities or sites that are owned or operated by asnall municipality are not required to apply.for or obnin a stormwater permit unttl March 10,200i. @ote; Tnis e:emption does not apply ro other, pivately owned construction sites within :he same small muntcipatity.) B, to;i C. D. oJ -+-.v,rLr< - -. Lxc +, aclilLLt l1u. vvl\-u)uuuu ::,' COVEMGE WDER TITIS GENEML PERM]T ttntier this generel permit, operalors of stormwater discharges associated with construction activiry may be grantecl suthorbation to dlscharge stormwdter into waters of the State of Colorado. This includes stormwatq dischirga associal with industrial activity from areas that are dedicated to producing earthen mateials, suci as soils, sancl and grm,el, for u(..,, at a single consfiaction site, and dedicated asphalt planu and dedicated concrete plants. This permit cloes noi pre-empt or supersede the authority of local agenciu to prohibit, restrict or conn-ol d*chargu of ttormr+'ater to storm drain systems or olher water courses within their ju*diction. Authorbation to. discharge under the permit requiru subminal of a completed application form and a cenificdtion that the SWMP is complete, unless the site is covered by a Qualifying Local Program. Upon receipt of all requirei information, the Division may allow or disallow covera1e under the general permit, T.P P LI CA TI O N AND CE RTIFI CATION At least ten dolts prior to the anticipated date of discharge, the op*ator of the cowtruction site shall submit an original completed application which includes the signed-certification that the SWMP is complete. Jn order to avoicl confusion duing processing, oiginal signatures are required for the application to be considered complete. For small consfiitction sites, if tit site is covqed by a fual{1,ing Local Program, submittal of an application is not recluired- for the puryose of thk permit, the "operator' is the person who has dayto-day contol over the project. This can be the owner, the developer, lhe general contactor or the agent of one of these puties, in some ciranmstances. At dffirent times o1 a constntction project, diferent types af parties ma! satisfu the defi.nition of 'operator' and the certificotion nq,b, tandetred as rolu change. (Note ' Under the Federal regulations, this application process is refened to as a Notice of Intent, or NOI. For intertal consistenry with its cutrent Program, the Division will continue to use the term "applicotiin.,,) An otttline of the permit dpplication rerluirements is found in the permit at Port LA.4.b. (,. ,,, If this general permit is applicable, then a certifi.cation wilt be developed and the applicant wilt be certifi,ed under rhLs gennal Pennit. SUALIFWNG LOCAL PRO GMMS For stormwater dbcharges associated with smoll consfitction activity (i.e., one to five acre sites) , the permir includa conditions that incotporate approved qualifuing local erosion and sediment control program (fualifying Incal program) requirements by referance. A Qualifying Local Program is a municipal'stormwater program for stonflwarer discharges associated with small construction activtty that has beat fornally approved by the Division. The requirements for etatifying Local Prograr$ ore outlined in Part 61.8(12) of the Colorado Discharger Permit System Regulotions. Such prograns must impose requirements to Protect water quality that are at least as strict as those recluired in this permit, A. ABproval Termination: A Qualifying Local Program may be terminated by either the Division or the municipality. Upon termtnation of Division approval of a Qualifying Local Program, any small consfiltction activity required to obta[n permit coverage under Section 6l .3(2)(h) of the State Discharge Permit System Regularions shall submit an applicationform as provided by the Divtsion, with a certification that the Stormwater Management ptan (SWMp) is complete as required by Pan 1.A.4 of the Permit, within 30 days. B Approval Expirati.on: Diision approval as a Qualifying Local Program will expire with this general permir on June i0, 2007" Any municipaliry desiling to continue Division approval of rheir program must reapply by March 31,2007. The Division will determine if the program may conrirute as a approved Qualifying Loci:al Program v. W. O Ccvgr^se unrier c ,ins Loca! PrQ?'an - For Small Constntction Fcr sma[i consrntctian sites (disturbing less than 5 acres) covered under a Qudilying Local program (see Section vJabove), only certain permit retluirements apply, as outlined below- ne bcal piigri^ ^*t have beenforna,lly cizsigaated by the Division to qua!i11'. Mosr municipalities have some rype of locai program and may rir1rtre pir^ix anc fees. However, simply having a program in place does not necessaily mean rihu i * a qualrfying jrrg,-o^ onrtthat c Srarc permit is not required. The locat municipality wilt be responsiblefor notifyilng operstors anfuor ownersthat th4' are covered by a Oualifying Local Program. i list of municipa)iries wttn guittyy,ing Local programs is alsoavcilebieathtp://www.cdphe.srate.co.w/wc1/PermitsUnit/wgcc!pmt,html, Tne Division resetnes the righr b require an)) owner or operator within the juristlicrion of a euatifyingloca! program coverei under rhis pennit rc apptyfor and obrain coverage untler rheJull riquiremenrs ilrni pr# L Permit Coverage: If a consrntction sire is within the iurisdiction o)! a euatilying Local program, the operanr ofthe consmtction aciiviry is authorized to discharge stormwater cssociated. with small corsinction ,"iuity-urri* this general pennit il)ithout the submitial oJ an applicarion ro the Diision. The permittee also is not reouired b' submil an inacti.varion notice or pavmert of an annual fee. 2. Permit T*tns and- Conditions: Tne permittee coyered by a euatifi,ing Local prograrn must comply with the , , Permit sections are applicable: i' 1,4.1, 1.A.2, and l -A.3: Aukortaion to discharge and riisausion o,icoverage under the permil. itl l.C.l: General limitaions that mttst be me! in addition n local requirements. fi:' 1.C.2, 1.C.3; Prohibition of non''stormwarer dbcharges ttnless atldressed in a separcte CDpS permit cnCrequirements related to releases of reportable rluanttftes. ry' Pdrt II (uceptfor Pans II.A.l, [[.ts.3, 11J..8, and ILB) 0): Specifically includes, but is not limired to,provisions applicable in the case of noncompliance wik permit requiremmt, and reqttiremenu o provileinformarion and a cc ess. S to rmw ater M an o zement Pl ans (S WJu[p s ) Pior to commencement af construcfion, a stonnwater management pton (SWW) shalt be developec{ and implementecl for zach faciliry covered by rtis permit. A certification that the swMP is complete must be submitt.4 with tie permitapplication' The SIYMP shall identifu potential sourcx of pollution (including sediment) which may ,rrronobly b,ezPected to afect the quality of stormwaler dbcharges associated with constntction activityfrom thefacftity. ina d'riitton, the plan shall ducibe the best manage.ment practice (BMPI) which will be used- to red,uc e the pollutants instormwater dtschargesfrom the constntcrion sfte. Facilities must implement the provisions of thetr Syirlp as acondirion of this permit. The sww shall incrude thefonowing items: l. Site Descriptton 2. Sire Map 3. BMPs for Stormwater Pollurion prntention 4, Longterm Stormwitq ManaEemenr 5. Other Conrrols 6. Inspection and Maintenance 7. Signatory Requirements and Avcttabil{ty 8. SWMP R*iew/Changes (see Pat't I.B. of the permitfo, a more detailed descriprion of slpMp reqtrit.eners.) (o B. % -l -:_ 15.:." jr CcNDlTi O \'5 0.: ->: foul:? -:.-,:a.i - Pspe 5. Permit lio, COR-A30O00 r -; ITAMS AND CONDITIONS OF PERMIT (con!.) C Monitoinp D. Sampling ancl testing of stormwater for speciftc parameters is iot required on a routine basis unrler this permit. ' , However, the Diviston resetnes the rf.ght to require sampling and testing on a case-by-case basrs, in lhe event that tha'e is reason to suspect that compliance with rte SWMP b a problem, or lo measure the $ectivmess of the BMPs ir removing pollutants in the efiluent. Facility Inspections Active construction Jfres mu.sr inspect their stormwater management controls at least arery l4 d.cys ond after any precipitation or snowmelt event thd causet surface erosion. At sites where canstr:action has been completed but a vegetative cover has not been established, these inspecrions must occur at least once per month. At sita whqe winter conditions uist, inspections are not required duing the peiod that the winter conditions esist. For all o/ these inspections, records must be kqt on file. Refer to the permit at Pan LC.S for deiatled requirements of these inspections. R*rision of SWMP Based on the results of the inspections (see D. above), the dxcription of potential pollutant sources and the pollution prevention and control measures, identified in the SIYMP, and the control measures thmzselves, shall be revised and modified as appropiate as soon as practicable afier such inspection. Modification of control melsures shall be implemented in a timely manner, but in no case more than 7 caletdar days after the inspection. Reoorting The inspection recorcl shalt be made wailable to the Division upon reqltest. Regttlatr subrnittal of an annual repor,l : not reguired in this permit. ( Annual Fee tt' The permittee is required to submit payment of an annual fee as set forth in the 'Water Qality Control Act. Permittee, will be billedfor the initial permitfee within afrw weeks of permit issuance and then annually, based on a July I through June 30 billing cycle, For small conshuction activitfu, if application was made for coverage with o completion date I2 monllu or less from the start of constntction activity, a fee will be assessed based on the estimated number of caletdar quarters the site is active. Projects going beyond that time will be billed the standard annual fee. Inactivation Notice lVhen a site has been fnally stabilized in accordance with the SWMP, the operator of the facility shall submit an Inactivation Notice that is signed in accordance with Pan I.E. I of the permit. The content of the Inactivation Notice desciberl in Part 1.A.6 of the permit. A copy of the Inactivation Notice form will be mailed to the permittee along wit) the permit certification. Additional capies are availablefrom the Divbion. An exception to the requirement to submit an inactivati.on has been included in the renoved permitfor Small Construction Sites that will be Jinally stabilized within l2 months of the beginning of construction activities. ln such cases, the permit certification wtll indicate the automotic expiralion date. If permit coverage is needed beyond that date, an extension request form musl be submitted to the Division at Ieast l0 days prlor to the upit'ation date. E. o F" G. H. o o Page 2 of 17 PermitNo. COR-030000 CDPS GENER-AL PER]VIIT S TORMWATER DIS C}IARGES ASS OCLATED WIIII CONSTRUCTION ACTNTITY AUTHORIZATION TO DISCI{ARGE LINDER TIM COLORADO DiSCIL{RGE PERMIT SYSTEM fti corapliaace with the provisions of the Colorado Water Quality Coatol Act, (25-g-i0l ei seq., CRS, 1973 as a:rended) and the Federal waterpollution contol Acl as amended. (3i u.s.c. 1251 et seq.; rxe"Act"), this permit authorizes the discharge of stormwater associateC with constr:ction aclir"iries .#i-fi.a '-i::'cier this permit from those iocations specified throusfiout the State of Colorado to specif ed waters of--::e State. Such discharges shall be in accordaace with the conditions of this perurit. This per::ui specifically authorizes the facility [sted onpage I of -.nis permit to discharge srorEnwarer associatad with consuuction activiry, as of this ciate, in iccordance wj',.h permit requireie.nis aacicondiions set forth i:r Parts I and tr hereof. A11 discharges authorized herein shall be consistenr v,ith -,.tie o Tlris perm.it and the auihorizanon io riischarge shall expire at midaight, June 30r2007. Issued and Signed this day of COLORADO DEPARTIYIENT OF PTIBLIC }IEAITH AND ENVIRONhGNT i. Darid Holm, Oir".to, V/ater Qu"liry Contol Di.,,isicn q 5. 2, J, A 5. D!. C. A. TABLE OF CONTENTS PART i l. General Lisrirations " ;, Prohibition of Non-stormwaterDischarg:t"""""" ' .---.-.....;:. ;i'il;;; ii""t of Reportable Quaotities" """"' ' : 4. StormwaterManagemeniPlans"" "' ..::::::.:.":,.,,:..::::...::.a) SignatoryRequirements b) SWMP Review/Charges lnspections a) Active Sites . 6. RePorting... ' 7 . SWI'Ap Submittal Upon Request ' " " ' ADDITIONAL DEFINITIONS ., CEIriiIr-REQUIREMENTS ' """';' L Signatory Requirernenu D, E. 2, Rerention of Records -2a- o P.4,RT II \ J.:. \.{ G EME NT REQ LI'IREMENTS .. Cla::ge il Discirarge l, Spe:ial Noti;icadous - De:-i::iioas 3, Si6agsmpliatrce NotificatioL.....?-. Subslssion of llco-ect or lacorrplere lnfornaiion 5. Blpass 6. Upseu 7. Removed Substaaces L ]yfinimi:2iisn of Adverse Lnpacr 9. Reducdon, Loss, or Failure of Treaure* Faciiiqv : 0. Proper Operation and Mainrena.oce...........,,...:. RESPONSIBILITIES i. lnspecdons and Righr ro Enrry. L Dury rc Provide Informarion. 3. Transfer of OwnershiF or Coatrol.. 1. Modification, Suspension, or R:vocadon of Permit By Division. .......... 5. Permit Violarions 6. LegalResponsibilities',. Severabiliry 8. Renewal Applicarion 9. Confidendaliry 10.. Fees 1J.. Requiring ar l-ndividual CDPS Per.nil..,.,.. 12 T2 t2 13 I3 13 13 l4 r+ 1A .1.5 14 14 14 15 15 15 16 16 16 t7 17 T7 !7 J^ {o o,t 1. Permit l.io. COR-030000 PART i CO\EP.AGE LbIDER T}tr.S PEXMIT Authoritv to Discharpe ,,, Under this permi! construction activities, including cleariag, grading, and excavatioD, are gnrnted authorizadon to discharge stornwatcr associated wi*r constnrctiou activities into waten of the state of Colorado. a. Applicable Sections: This permit is made up of several parts, not al-l of which apply to all permittex. The permittee will be responsibie for determiniag and then complying with the applicable sections, depending upou wtrether or Dot a Quaiifyiag Local Program covers the site. For sites not covered by a Qual:fying Local Program, all Parts of the permit except Part LA.3 apply, a) Definitions: 1)S tormwate r: S tormwater is prccip itatiou-iaduced surface n:no ff. Z) Constr:ction activitv: Const'uctiou activity includes clearing, g'ading and excavation activities. Constmction does not include rout'ne maintenaDce perforrred by public agencies, or their aBents to mrinf3is original Li:re and grade, hydraulic capacity, or originalpllrpose of the facility. 3) Small construction activity: Stormwater discharge associated with smail constrtction activity means the discharge of stormwater from constnrction activities that result jn Iand disnrbance of equal to or greater tha;: one acre and less than Iivi affes. Small constnrction activity also inciudes thc disnrbance of less thaa one acre of total land area tirat is part of a larger coErmon plan of development or sale, if the larger common plan wili ultimately disturb equai to or greater ttran one and less than five acres. 4) Oualifvine Local Prosrau : This permit inciudes conditions that incorporate qualifying local aosion anJ. @(QuaiifyingLoca1Program)requirementsbyrefereuce.AQua1ifyingLocaI Program is a municipal stormwater program for stormwater discharges associatcd with small constmcriou activity that has been fon:raily approved by the Division. 5) Other Defi:dHons: Defi:ritions of additional terms can be found in Part I.D. of thi s permit. b) Types of Activities Covered by this Permit: This pennit may authorize all new and existing discharges of stormwatff associated with construction activity. This includes stornwater discharges from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single cotrstnlction site. This permit also includes stornwater discharges frorn dedicated asphalt batch plants and dedicated conaete batch plalts, This permit does not authorjze the discharge of min6 water or process waterfrom such areas. Perrnit Coverage Without Appiication - for srnall construction activities under a Qualifying Local Program onlv H a construction site is within the jruisdiction of a Qualifying Local Program, the operator of the construclion activiry is authorized to discharge stonnwatcr associated with small constructiou activiry under this general permrt wittrout thc suBmittal of an application to dre Division- a) ApplicableSections: ForsitescoveredbyaQualifyi-ugLocalProgranr,oniyParsl.A,l, I.A.2, 1.A.3,i.C.1, LC.2, 1.C.3 and Part I of this permiq witii the exception of Parts II.A.1, Il.B-3, iI.B.8, and n.810, apply, b) Local Agency Authority: This permit does not pre-empt or supersede the authoriry of local agencies to prohibit resfict, or control discharges of stormwater to storm drarn systems or other warer courses within their jurisdiction. 2. 3. o (, a, d) 3) A P.A,F.T l Dzoe d Pe;rnii No. COR-030000 - r'-. =r-iGF Ln\DFri:::IS P:il.]vIlT (conr.) Permit Coverage Terrnination: slheu a sire has beca fiaally stabilDed, coverage ulder this permit is au tomati c al] v terraiaared. Comoliance with Qualifying Local Program: A corufuction site operator t}tat has aurhorDadon to dschargeund=r rhis p:imit unoer Pan i.A.3 shall comply witi: tne reouiremenrs of the Qualirying Local program uithjurisdictiou over rhe site. Full Permjt Applicabiliry: The Djvision may require any owler or operator within the jurisd-iction of a Quaiirying Local Program covered under this permit ro apply for aad oUr"io coveiase r:ader the fuIl requirementsof this pemit. The owner or operaror musr be notjfie d in writing rhat an application for fuII coverage is requked.whea a pcrmir cs-rjficadon under this permit is issued to an orirner or operator that would otherwise b. "or.r.Junder Par: I'A'3 of this permig the fuII requtemcnts 6f this permit rep)ace the requaemears as per pan I.-4..3 oft}:Js permit, upon the eflcctivc date of the permir certification A site brought under the fuiI requiremenrs of thjsper::.rit musi sdll comply with local sromr'* ater rn?Dagsrneu.l r:quircmeuts, policies or guidelincS ;;.C;;;Part I.C.ii: of this Permrr Application. Pue Dstes a) Application Due Dates: At ieast ten davs prior to ibe anticipard date of discharge, the operator of theconsEucrion acdviry shall_zubmit an applicaiion form as prcvidaci by the Division- w:th a ierti-fi.canou rhar theSror='*,ar:r lvfaaag:nenr Plan (SWMP) is corroierl Oae origina! gsmFlcted discharge pemit application shall be submitted, by mail or hand a.Urrry, ,o, Colorario D:pa:trccnr of pub[c Health aad Envronr-rent Waie: Quaiiiy Coaroi Division WQCD-P-B2 4300 Ct:rry O-eek Drive South, Denvel, Colorado 80246-1530 b) Summary of -dpplication: The applicariou requires, at a mini-rum, the following: 1) The operato/: 1*t, address, telephops number, tax payer ideati-fication number (or e'nFloyer id:ntificationnumb'-r), aad tbc srarus as Federal state, private, public or other entity;2) Namc, couaty and location of the construction site, iagluding the latinrde and iongitude to the n:arest l5seconds of the aoproximate csDter of the constuction activrty;3) A brief descriprion of the nahre of ttre constuction activity; ! The audcipared swting date of the project a:rd thc anticipated schcdr.rle sf sgmfletjon5) Estimates of thc toal area of ttre site, the area of the sjte that is expected to be distgrbed, and the total area ofthe larger comrnou plen of devclopmc[.t or sal' to undergo d.istrubance;6) Tte name of the raceir"ing water(s), or the muuicipal separafc storm sewil systen aod thc ultimate receiv:lgwater(s); 7) Cgrtif cation that the SWMP for the constuction site is complete (sce pan I.B. below); ard8) Thc signanre of the applicart signed in accordance with ?art LE. i of this permit Permit Certifi cation Procedures If 'he gerera.l pern-ril is applicable to the applicant's operation, ttren a cenification will be developed and the applicaarwili be authorizcd to riischarge stormwarer under this general permit. ) Io Page 5 Permit No. COR-030000 CC\':P'AG= L\DER TlnS PERI\4IT (con:.) Request for Additional Information: The Divisiou shall have up to ten days after receipt of the above i-aformation to request additional data and/or deny the authorization for any particular discharge. Upon receipt, additional information, the Division shall have an additional ten days to issue or deny authorization for the paticular discharge. fNotification of denial shall be by letter, ia cases where bovsrage under an alteraate sto.ri, permit or an individual permit is required iutead of coverage under thiq peroif) Automatic Coverage: If the applicant cloes not receive a request for additional idorrration or a notification of deuial from tbe Division dated within ten days of receipt of ttre application by the Division, authorizatiou to discharge il accordence with the conditions of this permit shall be deemed graated- Individual Permit Required: If, after eyalualion of the application (or additional infounatioq such as ttre SWMP), it is found that thiq general pennit is not applicable to the operatioq then the application will be processed as one for an individual perrrir The applicant will be notified of the Division's decision to deny cetificatioa under thiq general permit. For an individual permit, additionai bfo.mafion may be requested, and 18( days will be requircd to proccss the application and issue the permit. Temporary Coverage: Notwithstading Parts I.A.5.a-c, above, the Djvision reserves the right to temporarily cover stomf,water discharge from conqtnrction activity uader general permits, even though individual peuait coY€rage may be more appropriate, Cerlification of these activities under a genezl permit does not in any way hfringe on tle Division's right to revoke that coverage and issue an indjvidual penrrit or amend an existing individual perrnir General vs.Individual ?ermit Coverage: A::y owner or operator authorized by tris pemrit may request to be excluded from the coverage 6f this permit by applyrng for an individual CDPS permit. The owner or op:-.?tor shall zubmit an indi.ridual applicaton, with reasons supporling the rcquest, to the Divisiou at least 180 days prior to a-ny discharge. Local Agency Authority: This pemrit does not pre-empt or supersede the authoriry of local agencies ,o prot,lq restict, or conkol discharges of storrowater to storm drain systuros or othsr water courses within their jr.risdicaoi. Inactivation Notice When a site has been finally stabilized in accordance witb the SWMP, the operator of the facility must submjt ar Inactivation Notice that is siped in accordarce with Part I.E.l. of this permir The Iaactivation Notice fom is avaflable from the Divisiou and includes: a) Pennit certification numbeq b) The permiftee's Dame, address, telephone number; c) Name, locatioa, aud county for the constmction site for which the application is being submine d. d) Certification that the site has been fiaally stabilize4 and a description of the final sabilization method(s). An inactivation form may not be required for small constnrclion activities if application was made for coverage with a gernFletion datc less than 12 months from the start of construction activity. [n zuch cases, pe:rrit certification uay be aut\oriz,ed for a prcdetermined period ftom 3 to 12 months. The permit certification will include the automatic expiration date for permit coverage. If pemit coverage beyond that date is needed (ie., the site has not been finally staliliz6fl), the permittee must submit an extension request form to thc Division at least l0 days pnor to the expuation riaie. Transfer of Permit When responsibiliry for stormwater discharges at a consEuction site changes from one individual to another, the permittee shall submit a completed Notice of Transfer and Acceptance of Terms of a Construction General Stonnwat. Discharge Penait Certification that is signed in accordance with Part 1.E.1. of tfris permit. The Norice of Transfer fo; avaiiable from the Division and includes: a) b) c) d) e) 0 '1. o f-1J-Lt Page 6 Pe:rcrt No. COF.-0300C0 -,-a', =L{GE Lr\DFF- llXS P:L\fiT (con:.) ! ermir c erti5cari on nu-rnber. Name , locado::. ard cculh' fo; the consruction sir: for which the app[cariou is being submitted. The current perniEee's trame, acidress, teiephone nurnber and tbe srarus as Fcderal SLte, private, pub)ic or other entiry. Ine aeu' per=inee's nrnee, adciress aad telephone number and rhe starus as Ferieral, Srare, private, public or o..hel ennry. c) Ccni-iicarion tira: th: n:u'permiftee bas reviewed the permir and SMr{P and accepts responsibiliry, coverage andiiabiliry for the permir- I Eff:crive date of rasf:r. S. Permit Erpirarion Date -q.uttrorieatron to discharge u:dcr this general perrnir sha! expire on Ju:re 30, 2007. The Divisiou rrust cvaluate aad::issu: '.his general gcrr:r a: i:ast oDcs cvery fi.ve years and must rec:nify ttre applicaat's authority to discharge und:rir: geneia! permit a: slchtine. Any pcriinee desiriag couriaued coverage u-nas tle genaal permit must reapply birMar;h 31, 2007- Th: Division will ciererrrine if the apoiicaat may conrinue to operatlunder thc terrns of the geueral ,oe:rnit Ar indirririuai penr:: will be required for any faciliry nor reauthorized to discirarge unrier the reissued generalp:rmir. 9. Individual Permit Crireria Asii: tom ihe ac:jriw rrce, tt: Division rnay use ottrer criteria in evaluatirg wheth:r aa individual penrrir is requireriirsl:ad oithjs gcae;zl pe=rii Tais in-fomation may corne from thc apoiicauon, SSTzIp, s1 ncicrgisnal iafornadon asr:qu:sr:d by '.he Dir.;cior, aai i-ncludes, bu: is not limired to, ttre following: a) th: qualiry of the r:ceiv:ag warers (i.e., the Dresenc3 of ciowlstea;n drinkiq paier iaral::s or a irigh qualit.v fishery, or fo::;:s:rya.don of high qualiry warer);b) the siz: of the co"srucdon sire;c) er"idence of noaconplia'rce under a previotis perrdr for the operatiou; ld) the use of chc;aicals wi:hin thc stormwater systeul Iu addition' an individual p:::ni; may be required when the Division has shown or has reason to su.spect that thlstomwaisi ciischarg: ;aay conribut: to a violation of a u,ater gualiiy staacud. CONTEI.ITS OF TiIE STOPMWATER lvt{NACgftfff.ff PLAN The S9lvfP shali be prepa:ed ia accordance wittr good engineering, hydrologic ald pollution control pracfices. (The SWlvp neeC aot be prepared by a *gistered cngiaeer.) The main objective of fte plaa shaii be to ideutif Best Malagement pactic:s @lrfP$ which when impl*rcnted w'ill meet ttre terms and conditions of this perrnit (see part I.C, belowl, Th: plan shall identify poteniial sources of poliution (iricluding 5sdim;n1) which may reasonably be expected to affect thequality of srorn:wa1er discharges associated w:th const-uction activiry from the faciiity. In additioE, thi plaJl shall describe andeEslue ',he ir.rplcmentation of BlvPs whjch will be used to reduce ttre pollut"',15 in stormwater dischargei associated wjthcoast'ucrion activiry. Construction operations must implement theprovisions of the SWMp required under this part asa condirion of this permit. The SW'li4 shall iuclude the follow:rg items, at a mirimrrm: 1.Site Description Eachplan shal provioe a d:sciiprion of ttrc folJowing:a) A descnptron of the coastrucrjon activiiy.b) The proposed scouence fo: major activities. a') l! c, 3. e O Page 7 Pe:mit No. COR-030000 ::i:-.iTS OI TFIE STOL?vI\A'AIER. MANAGE}YENT PLAN (conr.) c) 3sd:lates of toe total area of the site, and the area of the sire that is expected to undergo clearing,.excavatioa or FadirC.d) An estimate of the n:noff coeftjcient of the site before and after coustmctiou activities ,t'g gsrrFleted and any sxisdng data d:scnbing the soi1, soil erosion potential or the guality of any discharge from the site. A description of the existing vegetation at the sirc and a.u estimate of the percent vegetaEive ground cover. The location and desrription of a::y other poteutial pollution soruces, such as vehicle fueli:rg, storage of fertilizen or chemicals, etc. g) The location and description of any auticipated non-stormwater compoaetrts of the discharge, such as ryrings and landscape irrigation retu:n flow. h) The name of the receiving water(s) aud the size, type and locatiou of any oufall or, if the discharge is to a municipal separate stonn sewerr the name of thar syster! the location of the storm sewer discharge, and the pltimate receiving water(s), Site Map Each plan shall provide a generalized sita map or rulPs which indicate: - coDstruction site boundaries - all areas ofsoil disirrbalce - arEas of cutand flll - areas uscd for storage of building materials, soils or wastes - location ofany dedicated asphalt or concrete batch plants - Iocation of major erosion control facilities or structrrres - springs, steamqr wetla:rds aad other surface waters - boundaries of 1O0-year floodplaim, if determined. BMPs for Stormwater Iollution Preveution The pla:r shall include a narrative description of appropriate contols and measures that will !e imFiemeuted before q during construction activities at the facility. I . Tbe pian shall cleaily descntc the reiationship belweeq the phases of constmction and the iroplcmentation aod maintenalce of contois and mcasures. p61 6xample, which controls will be imFlemented during eacb of the following stages of consFuction: cleariag aud gnrbbing necessary for peri:neter couEols, initiation of perimeter conEois, remaining clearing and grubbing, road grading, storm drain installation, fina| gpding, stabilization, and removal of courol rneasures, The description of controls shall address the following minimirrn conponetrts: a) Erosion and Sediment Contols. 1) Structural Practices. A description of stmchrral site management practices wLich lvill minimize erosion arul sedirnent transport Practiccs may include, but are Dot limited to: skaw bales, silt fences, earth dikes, drainage swales, sed.iraent Eaps, subsurface &ains, pipe siope drains, i-o-let protection, outlet protection, gabiou, and temporary or permaaent sediment basiru. 2) Non-Structural ?ractices' A description of interim and permanent stabijization Practices, including site- speciiic scheciuiing of the irnpicmentation oi the pracnces. Site pians should etrsure tha f o(f5ring vegetalion is presewed where possiblc and that disturbed areas are stabiiized. Non-struchrral practices may inciude, but ue not init.a to: tgmpomry seeding, permanent seeding, mulching, geotextiles, sod stabilizatiog vegetalive buffer strips, protection of trees, and preservation of mature vegelalion. e) f) I 3. o) t The SWlr& shall idenrify any procedures or significant roarerials (see definitions at Part I.D.) handlgd at t5e site that could cont-:bute pollutaats to n:aoff. These could include sourccs such as: exposed storage of building mai:i-ia lq, ferrilizers or chemicals; waste piles; aad equipment mein[6q2ssg or fueling procedures. Arcas oi proc:dures whcre potential ipills catr occur shall havi spili preveution and respoasc iroccduies id.atiii.C. ' M:asures to conuol. stormwater pollutign froro dedicatcd concrete batch piants or dedicated asphalt batcb placrs covered by this qqrdfisxtioq must be idenrified in the SWMP Final StabiUzation and Longterm StormwaterManapement : . The plan shall include a description of the mcasures used to achieve final stabilization and measures to conrrol polluranr i:r storrnwater discharges that wiil occur after io:rstuction operarions have bien completed. . - -- r-- Final subilizatioa is reactred when all soil disuubing activities at thc site have been completed., and irniform vegeraive cover has been esrablished wift a deuiry of at least 70 pcrcent of pre-dimrrbance levels, or equivalelt perroaaeit, physical :rosion reducrion methods have bera euployed. . For pr:-oses sf this permiq establishrnent of a vegerative cover c4pable of providiag erosion conrol eguivalent to pr=-exstiug conciirions at the sim caa be considered f:::al stabilzation- The p.-rmittee will be respolsible for proviriing to rheDivision the documentat,on to make this geml,arison- The Division rnay, after consu-ltadon with th: p.r-itt.. *irrpoo good caus:, a'nend fte finrl stabilir:tion criteria for pecific operatious. Other Controls Tlc plar shall ilciude a description of othelmaasures to control poliua*s in stormwater ciischarges,.iaciuriing pir.q f,or -y$_rc_giqp-qs-aL asd limiring off-sire soil tacklng. 6. Inspection and Maintenance The plan shall includc a description of procedues to inspect aud rnaintain iu good and efi'ective opcrating cond.itjon the. vegetation, erosioa 3a6i sgriimeat cbntol measures and ottrerprotectiye measures identi-ficd in the-SWMp. C. TER.\{SANDCOJ.{DIIIONS P.ART I Page 8 P:'rnii No. COR-030000 C3\-TENTS OF IfIE STOR-NTWATER VI{NAGEMENT PLAI- (cont.) :, ,. a:+ji' ,r'' .. ,:rili j" ':.';11r; ' : ' b) - Manriai-s Handtine and SpiI Prevenrion: b)., - ,.. !' c) ,1. d)nin u,r",e,l:iH--l,'# 5. [, Ct- .ii. GenerSl Limitations - rteloilsrviDrri*it"tio* shall appl! to ar dischanBes covered by this permit , ,'.,ii, a) Stormwater diicharges frorn co-nst'uctioa activities shall not cause or tlreaten to cause pollution, degradariou of State waten. 6galarnin2dgp gg .:':^ a,i.f e) is granted by adfS+ed br ProP I Permit No. COR-C30000 =!-\4S .\\D CONDffiONS (conr.l i; AIl wastes composed of builciing rnaterials must be removed from the site for d.rsposal in Iicensed disposal facilities. No Uuilaiag material wastes or unused building materials shall be buried, du-mpcd, or discharged ai thq I site, g) Off-sitc vehiclc tacking of sedimeuB shall be minimized- h) Al1 dischargers mpst comply with the lawful requirements 6f m rnisipa[ties, couuties, drainage disu-rcs aad other local "g.o.L, regarding *y air.Uoges of stormwater to storm drain slstcms oi other lvater courses under their jurisd.ictioq incruaing appliiablc requirer-acnts in municipal stormwaler:nanagement Progra!+s developed to coraply witi CppS p.rro:ts. Dischargers must coraply with loca.l stornwater menageureot requirements, policies or guidelines including erosion and sediment conEol' 2. Prohibition of Non-Stormwater Discharges a) Except as provided in paragnph b, below, all discharges covered by this permit shell be composed entirely of stormwater. Discharges of material other than stomlwater must be addresscd in a sepa-rate CDPS permit issued for that discharge. b) Discharges from the following sources tlat are cornbined with stormwater dischargcs associated with constnrction activity may be authorized btthjs psrsriq provided that lhe ron-stormwater component of rhe d:scharge is identified in the SWlvf (see Part l.B.1,g of this pemrit): - fire fighting activities - laadscape irrigation retum flow sprbgs 3, Releases in Ercess of Reportable Quantities Thispennitdoesnotrelievethepermitteeofthereportingreqyi-posof40-CFR.110,40CER117or40CFR3O2. r Any discharge of bazardous ma[rial rnustbe haadled in accorda]nce with ttre Division's Notification Requirraens (se1 Part n.e.g oithe Perrrit) ', Storrnwater Managemeut PIans prior to cogunenccrnent of construction, the stormwater mznagemetrt plaa (SWMP) shall be irnPlemcnted for the constnrction site covered by this permir a) Signatory Requirements: fte plan shall be sigoed in accordance with Palt 1.E. i., 'i/ittr one retained ou site. b) STVMp Review/Changes: The permittee slall amend the ptan whenever there is a sio.ificaut change in desiga, constnrction, operation, or *riaieaance, which has a significa:rl effect ou tie potential for ttre discharge of polluta:rts to the waters of the State, or if the SWMP provfs to be ineffective in achie'r,iag the gcnenl objectives of Lontotling pollutaaf i.n stormwater discharges associated with constructiou activify. 5, Inspections a) Active Sites - For sites where construction has not been completed, the permittee shel l make a thorough irupection of their stormwatgr management system at least every i4 days and after any precipitation or snowmelt eYent that causes surfacc ergsion 1) The construcrion site perimeter, disrurbed areas and areas used for material storage that are exposed to prccipitation shall be inspected for evidence of, or the potetrtial for, pollutants entering the drairuge systen. 'Erorioo and sediment control measures identificd in the SW]yIP shall be observed to etrsure that they are operating correctly, ( 7. o; P."RT I P2oE li) P=rmit No. COR-030000 l:;'.\ls l\) COlfDiTlOir'S 1conr. ) 2) Bas:d on the r:sulE of the iupecrion, th: dcscription ofponnrial poliurant sources, and the pollution prevenrion and conrol roeasures that are idenrilied in the SWlr,IP strall be revised and modif:.ed as approof rr: as sooE as pracricable after su:b inspe:ion. Modijlcarjons ro coauol rDeas[res sha]-l be implement--d in a timely maElrlei, but ia no case Eoore than 7 calendar days after the inspection. 3) The opcrator shall keep a record of inspections. I-.riucoutrolled releases of mud or muddy warer or measurable qualtities of sedirnent found off the site shall be recorded with a brief explanation as to the trreasures rakca ro PreveDr furure releases as weLl as any mea.srrc taken to clean up the seciiment thal hrq lefi the site. This record shall be rnade available to the Drvision upon requEsr b) Completed Sites - For sites where all construction activirics are completed but final stabiliration.hrs not bcenachi:ved due to a vegetarive cover that has been planted but has no, b..o*. established, the permiuee shall rrak: a thorough inspection of their stormwater managcmeat sysrem at least oncc evsry montb- \I4en sire condirious malie this schedule impracucal, perminees rnay perition the Divisioa to graat * "ltr="r. inspection sctredul:. These inspe:tions must be conducted js nsss;den6e with paragraphs i),1;, *a 3) of part I.C-5.a. above. c) Winter Conditions - hspections, as descnbed above in a) and b), w'ilI not be required at sites whcre snow cove;exists ov:r the earire sire for an exteuded peiod, and meltiug conditions do not exisl Ttus g1s'nprioa is applicabie onf,v duri:re the pe;:od whcr: meldng condirio:rs do not erisi Rcgdar inspections, as descnbcd ibor., -. ' required ar all oth:r rimes. ,'.. Reporting I'io r:gular recoitirg rcquircnents are inciuded in tbis per:it; Iowever, the Divisiot reser/es thc ri=-ut:o request t1ai acopy of the inspecrion reporr be submined S\!}G Subrniftal Upon Reouest lticon reques! tir: p:mdnee shall subrnit a copy of the Sw.]vP to thc Divisioq E?A or any local agency in charge ofapproving sedim:ur and erosiou planq, gmding plans or stoross,atcr maaagement plan<. All SWMPs required under tbjs permit are considered reporB that sball be available to the public rrnd3i Sectiou 30g(b) of the CS/A' The owner oI _oPelator of a faciliry with stounwater discharges covered by this iemit shall make plar:s evailable to members of 'fie public upon request, un-less the SWMP has beeu submittld to the Division. Howeveq thepe:rrifiee nay claira any ponion of a SStzIP as conlidenrial in accordance with 40 CFR part 2. D. .IDDITIONAL DEFN.IINONS For ',he Du?oses sf tf is pflElt 1. 3AT and BCT: (Besr Availablc Tecbaology aud Best Conventional Techrology) Techaology based federal water qualify requirements covered uoder 40 CFR subchaprer N. 2. Sest management practices @M?s); schedulcs of activities, prohibitions of practices, rnaintenance pmcedures, aad other raanagemeni practices to prevrnt or reduce the pollution of waten of the -State. BMps also :::clud.e t.eatrrient rcquiremenrs, oPerattng procedures, and practices to coarol sire ruaof, spiilage or leaks, waste disposal, or cirailage frorn matei-iai storage. . 3. Dedicated asphalt plants and concrete plants: portable asphaltplanu and copcrete piants that are located on or adjac:ut to a consmtcrjon site and that provide materials only to that specific consEuction site. ot o Page I i Perrnit No. COR-030000 .r---: D ;TIONAI DEFNffiONS (c on:.) 1. Fiual stabilization: when aii soil disturbing activities at the site have been cornpleted, aud uliform vegetative cover has beeu establisbed with a densify of at least ?0 percent of pre-dunubance levels, or equivaleatpermaaeut physical erosi' reduction methods have been e'nployed- For purposes of this permit, gsta!'liqhmgat of a vegetative covei cipable of I provirling erosion coutrol equivai.ni to pre-existing conditions at the site will be considered filal stabilization. t Municipal storm sewer system: a couveyance or system of conveyances (i:rcluding: roads with drainage systems, mu-uicipal sEeets, catch basins, curbs, gulters, ditches, rnan-made 6hann6l5, or storm 9..i*), owned or operated by a State, city, town, county, disuict, or other pubiic body (created by statc law), having jurisdiction over diryosal of sewage, industrial waste, stornwater, or other wastes; desiped or used for collecting or conveyi:rg stornwater' Operator: the ind.ividual who has day-to-day supervision and control of activities occurrilg at the construction site. Thir cau be the ouraer, the developer, the generai conEactor or the agcnt of one of these parties, i:: some circumstaaces. It is auticipated that at different phases of a coustnrction projec! diffcrent rypes of parties may satisff the definition of 'operatot' an.d that the peurcit may be transferred as the roies change. Ouffall: a point source at the point v/here stormwatfi leaves the coustruction site and dischafges to a receiving watlr or a stornwater collection systeE- Part of a larger common plan oI development or sale: a contiguous area whcre mulfiplc ssparate aud d.jstinct coruituction activities roay be taking place at diffcrcot ti:nes on differsnt schedules under one plan Point source: any discernible, corfined and discrete conveyance from which poliutants are or may be discha:-ged. Point source discha-rges of storrrwater result froE struclures which increase the imperviousness of the ground which acts to coli:ct n:noff, with runoffbeing conveyed along the resulti:rg drainage or grading pattern- Process water: any water which during manufachrring or processing, comes into contact with or results from the productioa of any raw material, intermediate product, frnishe d product, by product or waste product. This definition 1 includes rnine draiaage. ( i1. Runoff coefficient the fraction of total rahfall that will appear as runoff. lZ. Significent Materials include but are not limited to: ra'e/ materials; fuels; materiais such as metallic products; hazardous substauces desipatedundersection 101(14) of CERCLA; any chemical the faciliry is required to rePortPursuaEt to section 313 of title Itr of SARA; fertilzcn; pesticides; and waste products such as ashes, slag and sludge ttrai have the potcntial to be rclsased. with stormwater discharge. 13. Stormwater: precipitation-iaduced surface runoff. 14. Waters of the state of Colorado: aay and all surface waters that are contained in or flow in or through the state of Colorado. This definirion iacludes all water courses, even if they are usually dry. E. GENERALREQUIREMENTS l. SignatoryRequirements a) AIJ reporu required for submittal shall be signed and certified for accuracy by ttre perrniftee il accordance with the following ffiteia: 1) hilxl;:J;"IiilLllillr,iFffii:i:1,'."J,Hif','.',',".,TlJij;:l;lT:,'i,H:;:','"'ltl["JHl,ill" from which the discharge dcscribed in the form originates; 2) In the case of a partrrership, by a general Parher; 3) In the case of a sole proprietonhip, by the proprietor; _5 6, 9. 10. 7, 8, Peoo 1r peir:i: No. COR-030000 c) !*,QL;IF;\,ENrS (c oc: ) 4't inlhe case sf 3mrtnislpal s*'ale, orotberpubhcfaciliw, byeiiherapriocipd executive officir,ranling el:cted ofiicial, or other duJy authoraed employec. Cbangestoauthorization. lfanauthorizationuderparagrapha)ofthissectionisnolongeraccuratebecausea Ci:::set intiividual oi position has responsibiliry for the overall operarion of the faciliry, a new authorizarion sadsrying the requiremeats of paragraptr a) of thx secrion must be submined to tle Divxion prior to or roscrher v'ith any rePons, hformatio::, or applicarions to be signed by an authorized rrpresentative. Cerrification. Aay person sig:aing a ciocu:l:nt undu puagraph a) of this section shell palqg the followilg cerEAcadon: "I cerEify under pen:lry of law that this ciocumeut and all athchmens were prepared ua.rier my direction or supervision in accordance with a sysrcm designed to assure that qudified personnel proper)y gattrer and evaiuate the fuforoation submitted- Based on my inqurry of the person or persons who-manage the systi11.l or those Pc;soDs directly responsible for gath=riag the in-foru:ation, th: fuformarion subrnined is, to the b:si ofnylaowlcdge and belief, tlle, acou:ate, and corTrlere. I am aware fhattbere are sip.ifrcautpenald:s for submitdng false information, includirg the possibiliry of fine and imprisoamenr for knowing vioiarions.', 2. Retention of Records a) "Tne oernin:a shall lgtain gspjss of tbe SStIP anC all rcporB required by this perxait and records of ail ciata us:ci ' --ro cor:rrl:re the aoplicaion ro be covereci by this Frrail for a period of at lcasr three years from rle dare thai -jre sire is iuaiiy stabiijzed- b) Tl: ocrmin:: 5hall lgtain a copy of the SWIvIP rcouired by this per,ait a: th.e constnrction site from the dar: ofproj:ct injtiahon to the date of fi:aal sabilization, nnlgss 3a6figr location, rc:cjfi:d by ri:.: plrmittc:, is aplroved cy the Division b) ( o, a PARTN :. ]VL{\AGEI{UNTREQUIREMENTS 1. Change in Discharge The p:rmirtee shall hform the Division fPermits Utri| in uriting of any intenr to sieniflcanily ch,.nge activiries from thosc inciicatcd in thc P!:mit application (this does ooi :arlrd. .h"og.r to the SWVP). Upoor.qu.I! the per-migee shai-i fiimish the DMsion with such plans and specifications which thc Division dee,n. rrrro*Lly trEcessary to evaluage the effect on the discirarge and receivi'g sEeam The SWM? shall be updated within 30 days of the ch anges. lhc pernrittee shall submit this notice to the Division wirhin two weeks after making a det=rmination to perfom the trpe of activiry rcferred rc in thc preceding parafrdph. Any dischArge to the lflateB of the State from a point source other than specificaliy authorized by this permit is prohibited- 2. Special Norifications - Definitions a) Spili; A-o uajrtentional release of solid or liquid matedal which may cause pollution of state waters. b) Uos:t A-n exceptional incident il which there is unj::tentional and temporary noncompliance with pennit efflueei Iimitarions because of factors beyond thc reasonabie control of the perrnittee. A-n upsrt do.s nor il1;lude nolcompliance to rhe extent caused by operationa) enor, inproperly designed treatment faciliries, hadequare rreaEletrt facilities, Iack of preventative rraintenalce, or careless s1 improper operadon. Pernit No. COR-C3C000 lvl r}r'AGEMENT REQLIIREME]'IIS (conl..1 i" NoncomplianceNotification a) If, for any reasoD5 the peuaittee does not comply with or will be unable to comply with any pemrit limiations, standards or permit reiuirements specified in-this permiq the permittee shall, at a midmurL provide the Water I Quality coatrol Division and EPA with the following i:rformation: 1) A description of the djscharge and cause ef asasomPliance; 2) The pcriod of noncompliance, includilg exact dates and times and/or the anricipated fi'ne whea the discharge vrill retr:rn to coruPlialce; and 3) Steps being ta-ken to reduce, slimin3lg, and prevent reclurence of the uoncorylying discharge, b) Tte permittee shall report the following instances of noncornplian-ce oBi]v yitEig lYentv'forlr (?4) horus from the time the permittee beComes aware of the uoncompliance, and qhn]] p2il to tbe Division a writtrn repon withia five (5) davs after bccoming aware of the noncompliaace (unless otherwise specificd by thc Divisioa): l) Any instaace of noncomplialce.which may endanger healttr or the euvironment; Z) Aly spili or discharge of oil or other subsA:rce which may calse pollution of the waters of the state' c) Tbe permittee sball rrport all other instances of nou-corapliarce to the Division withh 30 days. The repors shall- gssrein the information listed in sub-paragraph (a) of tLis sestion. Submission of Incorrect or Incomplete Information Where the permittee failed to submit any relevant facts i:r a permit applicatiog.o1zuUline{ i:rcorrect iaformarion i:r a permit appiication or o"ton ,",n. Divrsiol the permittee sh.a{ gronntly submit the relevantipplication inforaatio.u which was not submitted. or any additional infonaation needed to correct atry erroneous ioforJrtion previously { submitted, su ur uJ 4uuuuuqr I Bypass The bypass of treaffient faciiities is geuerally prohibited" Upsets a) Eflect of an UPset Aa upsct coustiu:tes an affirmative defense to an action brought for noncompliaoce with pcrmit limitations asd requjremcss if the rcguircmenb ofparagraph b of this section are mel (No dctermination made during adminisuative rcview of claims that noncorlpliance was caused by upse! and before an acrion for noncompliance, is frnal adminisuative action subject to judicial review') A permittee who wishes to establish the affrmative defense of upset shall demonst'ate through properly signcd contemporaueous opcrating logs, or o'u\er relcvant evidencc that: l ) A:r upset occurred and that the permittee can identify the specific cause(s) of the upset; 2) The pcrmitted faciliry was at the time being properly operated; 3) The permittee submitted notice of the upset as required in Part II.A.3. of this perrnit (24-hour notice); and A 5, b) l O P.A.RT II Page 14 Pernh No. COR-030000 c) 4) l-n: p:rsrjn:: cornplied with a-r1' remedial rn3asurcs required uader Section 122.7(d) of the federal r:guiadons. Budsn of Proof h "ny elforcern:nt procee dilg the perrnite: seeking ro esrablish t}le occurrsnc= of aa upset has the burden of proof. i. Removed Subsrances Solids, sludges, or ot}:r polluiaaLs removed in the course of ueaunent or courol of wastewat:rs shall be properly ci:sposed of in a rnar;n:r such as to prevent aly poiluta:rt from such marerials from entering \r?ters of thetute. 8. IVfinimization of Adverse Impact Tbeperorittee shallrake ailrcasonablesteps tomiaiaJze any adverse impacttowarers of the S;at: resulting frora noacca:pliance wittr any effiucut iimtadons specified il this permir, inciuding such accelerared or adciiiioail mouitorine as ireccssary to c:t=reire the narure and impaci of the noncoEpiyng discharge. 9. Reduction. Lossior Failure of Treatment Facilifv In: perminee has thc dugv to halt or reduce aay acriviry if uecessary to mailtaia comoiianca.*,ith the pemir requiis!3sals. tpon r:ducrion, loss, oi failurc of rhe rrearaent facijiry, the perminee il"4 to the exrent neccssary rornairtain compliaace with irs p:rmit, contol productior, or all discharg.s, or both unril rhc faciliry is resror:d o: ala}:=arive me'fiod, of ucameet is providcd_ It shaLi not be a d:feDse foi a p*:ainee in an enforcem:nf actioir that it would be a:c:ssa-7 to halt o; reri.uce thep:raic:c acririry ia order to maintaia comp[ance with the concijtjonq of this pernit. 1.0. Proper Operation and Maintenance Th: pmdttee shall at all timcs properiy operate and mainai:r all faciiities and systc:nq of teatment and con6-o1 (aad related aPpurrsnalccs) which are instailed or used by the permittee to achieve cornp[aace with the ssafitisDs 6f this permit. Proper operation aadmaintena:rce includes effective peformaace, adeguaie fuariing, adeguate operator sufiag and raining, a-od adequam laboratory aad process contois, including appropriatc qualiry .rr**.. procjr:res. Tais provision requires thc opu-ation of back-up or auxiliary facilities s3 similar rystegs oDIy when necessary to achieve compl'iangs with ttrc conriitiols of the permit. RESPONSBI-ITIES i. Inspections and Right to Entr-v The permittee shall allow the Director of the State Water Quality Contol Divisioq the EIA Regiona.i Administraror, and/or their authorized reprcsenurive, upotr the pres entation of credentials : a) To enterupon the peuaittee's premises':"here a ieg'ulated facili,y- or activiry is locaieri or in wjrich aay records arereouired to be kept under the terms and conditions of this permrt; b) At reasonable dmes to have access to and copy any records required to be kept under the terros and conditions ofrhis pcrmir a-od to iupect aay moaitoring equipment or monitoring method required in thc permiq and c) To cntlr upon the permifiee's premises to investigatc, within reason, a::y actual, suspected, or potential source ofwar:r poliution, or any violation of the Colorado Water Qualiry Control Act. The i-nvesrigarion may i:rclude, bur isuot iimiBd to, thc followi:rg: sampling oi any discharge aad/or process warers, the takiaf of photographs, iaterviewingpermirte: staff on alleged violarions, and access to any aod all facilities or ar3as r+.jiriarhe perantie:,s prerdses that mav have any effect on tbe discharge, p:nr:it, or alleg:d violarion. (, a. ts. aj J. Jl:-e if P::nil No. CCR.-030000 : j :PCNSI3tr-iTlES (cont.) : Dutv to Provide lnformatiou Tbe perrnittee sball fi:mish to th: Division, wit}in a reasooable timc, any informatioo which the Division rqay request { cer:=r.ine wh:+Ier cause exists for modi5ling, revokiag and reissuiag, or inactivating coveraBe uldcr this permit, or to l.- determine compliaace with this permit. Thc permittee shall also fuiaish to thc Divisiolrr uPon reguest, copies of rccords required to be kept by this peri:dt. Transfer of Ownership or Control Cerdfication under this permit may be ['rnqfsrsd to a new pcn:rittee if: a) Tte currenl perrrittee notifies the Division in writing when fte Eansfer is desired; and b) Tte notice includes a written agreemelt between the existing and new pemrittees coataining a specific date for Eansfer of pcndt responsibility, coveraBe and liability between theq aud c) The cu::ent permittee has met all fee requirements of the State Discharge Permit System Regulations, Section 6 1.15. Modification. Suspension, or Revocation of Perrnit By Division AII permit modifrcation, inactivation or revocation and reissuance aclions shall bc subject to the requiremmE of the Statc DischugePeruritSystemRegulations, Sectious 61,5(2),61.5(3),61.7 ald 51.15,5 C.C.R. 1002-61, exceptforminol rnodifications a) This permig and certification undcr this permit, may be modified, zuspended, or revoked in whole or ia part druing its term for reasons determined by the Division iacludiag, but not iimited to, the followirg: ( 1) Violation of any terms or conditions of the permit; t ?) Obtainiag a permit by misrepresentatiou or failiag to disclose any fact which is 'naterial to the graafing or . denial of a perrnit or to the establislrnent of tenns or conditions of the permi6 3) Materially false or isacctrate statemenB or information in the application for tbe pemrit; 4) Promulgation of toxic effluent standards or prohrbitions (including any schedulc o f complia:r-ce specified in zuch efflueut standard or prohrtition) which are established under Section 307 of the Cleaa Watcr Ac! where such a toxic poilutant is present ju the djscharge and'such standard or prohibitiou is more stingent tlan any lirnihlisa for zuch pollutaat in this permit. b) Th:s percrit, or cerlification under this permit, may be rnodified in whole or in part due to a change in any condition that requires either a temporary orpenrranent reduction or elimination of the peroritted discharge, such as: 1) promulgarion of Water Quaiiry Standards applicable to waters affected by the permirted discharge; or Z) Effluent limitations or other requirements applicable pursuart to the State Act or federal requirements; or 3) Contol regulations promulgated; or 4) Data subrnitted pursuant to Part l.B or Part I.C,l indicates a potential for violation of adopted Water Qualiry Standards or stearn classilications' I o P.1ii i i. Faee i6 Perrri: No. COR-030000 CJ f-j-- -.-:j :::::.., l-ais pe-:::t, oi certl1catioD u.Dd:r tius perrml, may be mocirfied ur whol: or il part to iaclude Dew efilucnr l:=i;:jors anC ot:: a:Dropiat: condiicls \\'h:ri dala subrnineC pursuaxi to Pari I iad:car:s ttrat such ejlu:ni Iimitarjons ald condirions are necessary Io ensure complialce with applicable q,ater quality standards aad pror::rion of classifi :C uses. A: th: requesi of th: perm:nee, the Djvisior may modiry or iaactivare cerxfi;arjon ulder this permit if tle iollou.rag conciiions are mer: 1) In the case of inacdvatjon, the permince uotifies the Diuision of irs inrent to inactivate the cenification, aad ce-ifies tral fie sire has been f:aaily srabilizeri; 2) in Ltre case of iaactivatjon, the perminee has ceased. anv and al! discharg:s to state warers and demonsratis ro.,he Dilision rhere is uo probabiliry of rurther uncolnolled discharge(s) which may affect waters of th: Srare. 3) The Division fmds thar the peraine: has showa r:asonable grounds consistent with the Fed:ral and Sur: surur3s aad regularious for su:h modificarjoq amgsdrnsaf or inactivarion; 4) Fe= r:qutem:nis of Section 6I.15 of Stat: Discharse Parait System R:sularions have becn met; and 5) Reouh-cncnts of public noijc: trave be.-n met. For sna1i conssuctioa sir:s coveied by a Qualir-ving Local Prog:ao, coverasi uncici this p:r:nir is auromarjcaliy te:ni:ar:C whca a si:r has beea fi-ual.iy srabilizeti Permit Violations 6. lrlure ,, se'rily *'i-,tr any t:=rs anci/or conriirions of *is pe=rit sha1l be a violatioa of this p:nait- Discrargers of sionnwat:r associaied u'irl ildust'ial acriviry, as defined in the EPA Srormwater Rogr:Iarion (10 CFR. 122'25(b)( I4), wiricn do nor obrail covemge pad31 this or orhcr Colorado geaeral p:iuirs, or u.nd.er a;n indir"idual 6.DpSp=;eii ::g'-r.larng rliusuial stoilnwatEr, will be in violation of the federal Clean Water Act and the Colorado Water Quaiiry Conrol Act, 25-8-101. Failure ro corni.ly with CDPS pcmait requir:;nents will also consrirure a violarjon. Civil oeaahies foi such violarions may be up to $ 10,000 per dav, aad criminal poliution of sare watErs is punishable by fi:res cfup ro 525,000 pe: day. Legal Respo nsibilities Tn: issuance sf this pcnnii ciocs not conviy any prop3rry or u'arer righrs in eitlcr r:al or personal properry, or srream f1ows, or ary cxciusive privileges, nor does it authorjze any injury to private properry or any iavaslon of personal rights, aoi any i::.fri:.genent of Fecierat Stare or local laws or regulations. Nething i:l this perrit shall bc construed to preclude the institutiou of any legal action or releve .,Ie penninee frorn any r:sporsrb:lines, Iiabilities, or penalties to whjch the perminee is or may be subject ro uncier Secrion ii i lOit *a ilazardous Subsraucc Liabilry) of the Clean Warer Act, Severabilin' Tl: piovisions of thjs permi't are seve;able. If aay provisions of this permir, or th: applicauon of any provisiou oi fusp:;ut io any ct:u:::staace, is held i::valid, the acplicaion of such provision to other circura-srancer ":rd rl. apphcarion of the r:mairi:; of rnis pe;:n:r shall not be aiiecred. ( o o ;lfli/No coR-c:oooo . : S? l:iSEfLi r=S (conl.-, ! Renewal Application if the permittee desires to conri:rue to discharge, a permit reuewal application shall be submrtted at least ninety (90) & before this permit expir:s. If the perminee articipates that there will be no discharge afterthe expiration date of this {r, permigtheDivisioushouldbcpromptlyaotifiedsothatitcaninactivatethecertificationiaaccordanccwithPart 1I.B.4.d. 9, Confidentialict' Except for data deErmined to be confidential uader Section 308 of thc Federal Clean Water Act and Regulations for the Srate Dbcbarge Permit System 61.5(4), all reports prepared in accord:nce with the terms of this permit shall be available for public inspection at the ofEces of the Division. Tbe permittee must state what is confideutial xt t[g tims pf submittal. Aay information relatiag to any secret processr method of rusufacture or production, or saies or n:arkiHng data which has been declared couf.dential by the permittee, aad which may be acquired, ascertai:red, or discovered, whetber in auy sampling investigatiou, crnerBeDcy investigatioo, or otherwise, shall not be publicly disclosed by a.ay member, officer, or employee sf th6 Qsmrnission or the Division" but sball be kcpt confidantial. Aly person sggLing to invoke the protection of this section shall bear the burden of proving its applicability, This'scction shall never be iateryreted as preventing fulI disclosure of efiluent data. I0. Fees The perrrittee is required to submit payment of an annual fee as set forth in the Water Quality Contol Act. Failure to submit the reguired fe: when due and iayable is a violation of the pcrmit and will resr:.lt in enforcemeut action pursuant to Sectioa 25-8-601eL seq., C.R.S. 1973 as amended 11. Requiring an Individual CDPS Permit ( The Director may require aay owuer or operator covered uaC:r thi.c permit to apply for and s$trir aa individuat CDPS ljl permit if: 4 Tbe discharger is not in compliance with the conditions 6f thi.s general permig b) Conditions or staldards have changed so that the discharge no longer qualifies for a general pennit; or c) Data become available which indicate water quaiiry standards may be violated. The owner or operator must be notified in writing that an applicaCon for an individual CDPS perrnit is required Wtren an individual CDPS permit is issucd to an owaer or operator otherwise covered under this General Pemrit, the applicability of the general pernit to that ov/ner or operator is automaticaliy inactivated upon the effective date of the individual CDPS permit. Reclamation Plano o O 1.Introduction 1.1 Purpose 1.2 Goals & Objectives 1.3 Environmental Training 1.4 Related Plans / Maps 1.5 Responsibilities 1.5.1 The Company 1.5.2 The Contractor 1.5.3 The Environmental Inspector Reclamation Process 2.1 Reclamation Activities 2.2 Rock Disposal 2.3 Final Cleanup 2.4 Topsoil Restoration 2.5 Miscellaneous Agriculture Features 2.6 Seedbed Preparation 2.7 Soil Supplements 2.8 Revegetation 2.8.1 Species Selection and Source 2.8.2 Seed Application Rates & Viability 2.8.3 Seeding Methods & Procedures 2.8.3.1 Drill Seeding 2.8.3.2 Broadcast Seeding 2.9 Permanent Erosion Control Noxious Weed Control 3.1 Weed Control Measures During Construction Worker Safety and Spill Reporting Reclamation Schedule and Documentation Post-Construction Monitoring and Evaluation 6.1 Revegetation and Erosion Control Monitoring 6.2 Evahnting Reclamation Success 2. aJ. 4. 5. 6. 1. INTRODUCTION This Reclamation Plan (pla") describes measures to be taken by EnCana Oil & Gas (U.S.A.) Inc. (Company) and its construction contractors (Contractor) for topsoil restoration, reseeding, planting, noxious weed control and reclamation monitoring. 1.I 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 reitamation success. This plan is applicable to the construction on right-of-way (ROW) and extra workspace locations. 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. I.3 EI\TVIRONMENTALTRAINING The Company will conduct environmental training for all project personnel. Training will include topsoil protection measures and methods for controlling the spread of noxious weeds (e.g., maintaining clean vehicles and equipment). 1.4 RELATED PLANS / MAPS The following documents include additional requirements specifically related to the reclamation of the ROW and ancillary areas: a Soil Conservation, Sedimentation and Erosion Control Plan <) Stream Crossing and Wetland Protection Plan o Hazardous Materials Management and Spill Prevention and Countermeasure Plan a Alignment Sheets 1.5 RESPONSIBILTIES Responsibilities are detailed below: t < I 'l-1^oflnmnanrzl.J.l lllw vvurParJ 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 representative and landowners. 1.5.2 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. Reclamation will be conducted according to this plan as specified for the Contractor. 1.5.3 The Environmental lnspector The Environmental Inspector will have the responsibility to ensure field activities are performed in accordance with this reclamation plan by the Contractor and in compliance with all other permits and agreements. The Environmental Inspector will have the authority to make site-specific field changes in certain reclamation procedures within the guidelines of this plan in consultation with the landowner or Garfield County. 2. RECLAMATION PROCESS The following sections outline the pre-construction planning and sequential steps for restoring the ROW and extra workspaces following installation of the pipe and backfilling of the trench. However, one of the most important factors relating to successful reclamation takes place during the initial grading of the ROW. Topsoil salvage requirements and methods are discussed in detail in the Soil Conservation, Sedimentation, and Erosion Control Plan. 2.1 RECLAMATIONACTIVITIES The Environmental Inspectors with Garfield County, Soil Conservation Authority and Landowners will work to determine depth of topsoil, salvage, appropriate seed mixes, and seeding methods. 2.2 ROCK DISPOSAL "Excess rock" is defined as all rock that cannot be retumed to the existing rock profile in the trench or graded cuts, or is not needed to restore the ROW surface to a condition comparable to that found adjacent to the ROW. This does not include tailings from boring operations. (NOTE* Absolutely no tailings from the proposed boring areas will be spread or stored onfederal land.) Excess rock will be randomly distributed across the ROW, piled or windrowed to create or enhance wildlife habitat, or arranged to block use of the ROW by motor vehicles. If not practical, the Contractor will remove other excess rock from the ROW and haul it to an approved disposal site. The Company will coordinate with landowners or Garfreld County regarding the methods of disposal. 2.3 FINAL CLEANUP Within 30 days after backfilling the trench, the Contractor will make every effort to complete final cleanup and installation of permanent erosion control structures. If circumstances prevent achieving cleanup within 60 days on federal lands, the Company will apply for a variance from Garfield County. The ROW and other project-related areas where soil has been disturbed will be restored as close to pre-excavation grades, compaction, and other conditions as possible, unless a specific exemption has been granted by the landowner or Garfield County. No solid waste, trash, or vegetative matter will be buried on the ROW. Final compaction of disturbed areas will be returned to approximate pre-construction conditions. [n cases where this is not possible, 0.9., steep slopes or rocky areas where full-ROW width topsoil salvage was not required, compaction will not vary more than 10 percent from adjacent off-ROW conditions. The Company will test soil compaction to a depth of 18 inches, if possible, at regular intervals using hand-held penetrometers or equivalent testing equipment and procedures. The Contractor will take remedial action as directed by the Company at all locations where compaction is not within the previously described l0-percent limit. The Contractor will decompact excessively compacted areas with a paraplow, "Vibrashanlg" or other deep tillage implement. [n areas where topsoil has been segregated, the subsoil will be decompacted prior to re-spreading the topsoil. In areas with a pre-existing rocky surface material, the Contractor will spread rock over the ROW to maintain a surface appeamnce similar to that of adjacent undisturbed terrain. Spreading rock on the surface will not be used as a method to dispose of excess rock except as described in Section.2.2. Where approved by the landowner or Garfreld County and environmental Inspector, the Contractor will randomly distribute any windrowed shrubs or other remaining vegetation debris over the ROW. However, this must be accomplished by hand or light equipment (e.g., all-terrain vehicles) after seeding of the ROW so the spread material will not interfere with the performance of seeding equipment and to prevent disturbance of the seedbed. 2.4 TOPSOIL RESTORATION After the trench has been backfilled and the ROW regarded, the Contractor will redistribute topsoil to the approximate location from which it was originally removed. Restored topsoil will be left in a roughened condition to discourage erosion and enhance the quality of the seedbed. Topsoil will not be handled during excessively wet or frozen conditions as determined by the Environmental or Construction lnspector. Topsoil will be redistributed as close to original salvage depths as possible. Salvage methods are discussed in Section 2.2 of the Soil Conservation, Sedimentation, and Erosion Control Plan. Segregation of subsoil and topsoil will be maintained throughout final cleanup procedures. The Contractor wrll be responsible for replacement of lost or degraded (mixed) topsoil with topsoil imported from a Company-approved and weed-free source. Additional erosion control and soil stabilization will be required in areas adjacent to or within drainages. See the Soil Conservation, Sedimentation, and Erosion Control Plan and Stream Crossing and Wetland Protection Plan for additional information- 2.5 MISCELLANEOUS AGRICULTURAL FEATURES All irrigation ditches, drain tiles, cattle guards, fences, ffid artificial and natural livestock/wildlife water sources will be maintained and repaired to at least pre- construction conditions. Temporary measures will be provided, as agreed with the landowner or Garfield County, for any of these facilities that are disrupted during the construction or reclamation process. All drain tiles crossed by the trench line will be located and restored to the satisfaction of the landowner. Since the exact location or even the existence of drainage system may not be known prior to excavation, all drain tiles unearthed during excavation by the Contractor will be reported to the Company in writing. 2,6 SEEDBED PREPARATION The Contractor will scariff, till, or ha:row the seedbed to a depth of 3 to 4 inches or as determined by the Environmental lnspector prior to seeding where needed to improve revegetation potential. Those sites where seedbed preparation is not practical (e.g., steep lopes, rocky areas, etc.) will be left with adequate roughness following topsoil placement to create micro-environments for seed gerrnination and growth, and to reduce the potential for soil movement. 2.7 SOIL SUPPLEMENTS Generally, fertilizer will not be used unless requested by the landowner or recommended by either the Environmental Inspector or a soil conservation authority. At this time, no areas have been identified that require fertilizer. 2.8 REVEGETATION The Contractor will be responsible for seeding the ROW and off-ROW ancillary sites using Company-supplied seed mixes, appropriate seeding methods, and approved application rates. The seeding requirements and scheduling of reclamation activities will be determined in coordination with Garfield County, Soil Conservation Authority or the appropriate landowner. 2.8.1 Species Selection and Sources Selection of grass and shrub species for revegetation will be based on pre- construction community composition and soil types as well as establishment potential, soil stabilizing qualities, commercial availability of regional varieties, post-construction land use objectives, and agency recommendations. Native species will be utilized to the extent possible unless non-natives are specifically requested by a private landowner or land managing agency. Project seed will be purchased from the blended by qualified producers and dealers. Certified weed-free or "blue-tagged" seed will be purchased for use on the project, but this status is only available for those native species with named varieties. All other seed will be free of primary noxious weeds. EnCana Oil & Gas (U.S.A.) Inc. will submit the seed for independent testing prior to its use. The Contractor will be responsible for providing all seed tags to the Environmental or Construction lnspector at the end of each day. The following seed mix will be used: Pounds pure live seed (PLS)/Acre Luna Pubescent Wheatgrass Paloma Indian Ricegrass Arriba Western Wheatgrass 3.0 3.0 2.0 2.8.2 Seed Application Rates and Viability Species ratios and Pure Live Seed (PLS) application rates will be developed in consultation with landowners, agency specialists and other regional revegetation consultants. Seeding rates will be determined in PLS pounds per acre and seeds per square foot based on drilled application rates. Broadcast seeding rates will be twice the drill rate. Seed will be used within 12 months of testing to assure seed viability. If additional seeding is required in the year following construction, additional viability test will be conducted to determine any need for adjustment of application rates. The Contractor will seed wetlands, when necessary as determined by the Environmental lnspector and Garfield County. Successful recolonization by wetland species is generally related to effective topsoil salvage rnethods and sources of seed and rhizomes in adjacent areas. Streambanks will be seeded immediately upon completion of final cleanup as described in the Stream Crossing and Wetland Protection Plan and independent of other reclamation activities 2.8.3 Seeding Methods and Procedures The Contractor will employ broadcast or drill seeding as determined in the field by the Company. Seeding activities will be contingent upon weather and soil conditions, and subject to evaluation by the Environmental lnspector. Seeding will not be permitted if there is more than 2 inches of snow on the ground unless approved by the Environmental Inspector and Garfield County representative. Where approved by the landowner or land managing agency, the Contractor wiii randornly distribute any windrowed shrubs or other remaining vegetation debris over the ROW by hand or light equipment so as not to disturb the seedbed. 2.8.3.1Drill Seeding Drill seeding will be employed wherever soil characteristics and slope allow effective operation of a range drill. Drill seeding will be performed perpendicular to the slope unless otherwise directed by the Environmental inspector and Garfield County representative. The drill will have a seed release mechanism suffrcient to allow seeds of various sizes and densities to be planted at the proper seeding depth. ?.8.3.2 Broadcast Seeding Broadcast seeding will be employed in all areas where drill seeding cannot be performed. Seed will be applied using manually operated cyclone- bucket spreaders, mechanical spreaders, blowers or hydroseeders. Seed will be uniformly broadcast over disturbed areas. Immediately after broadcasting, the seed will be uniformly raked, chained, harrowed, or cultipacked to incorporate seed to a sufficient seeding depth. If it is not possible to cover the seed with mechanical methods, the seeding rates will be doubled. 2.9 PERMANENT EROSION CONTROL Permanent erosion control methods will be utilized as needed for stabilization of slopes and soils as described in the Soil Conservation, Sedimentation, and Erosion Control Plan. Permanent erosion control measures will be installed within 30 days after the trench is backfilled to aid in site stabilization wherever required. 3. NOXOUS WEED CONTROL Noxious weeds are spread through the dispersal of seeds or the transport of propagative plant parts. It is thereforelmportant to reduce the sources of seed and viable plant material prior to construction disturbance and to prevent its transport or importation dwing construction. The combination of methods described below will be employed to minimize the potential for expansion of noxious weed populations via the pipeline route- 3.I WEED CONTROL MEASURES DURING CONSTRUCTION The Company will require that all Contractor vehicles and equipment arrive at the work site clean, to prevent the importation of noxious weeds from a previous work site. Only after the Environmental lnspector has determined it to be free of soil, debris, or other potential sources of noxious weeds will any piece of equipment be allowed initial transport or access to the ROW. 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 Sheeti (MSD-S) 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. Herbicide spills will be reported in accordance with the requirements described in the project's Hazardous Material Management and Spill Prevention and Countermeasure Plan 5. RECLAMATION ASCHEDULE 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. Ideally, the Contractor will complete permanent reclamation activities prior to the end of the typical fall planting season (September lst October 3lst ). Upon completion of reclamation, the Company's Construction Inspector, Environmental Inspector, and Land Agents, and Garfield County representatives will perform a final inspection of the ROW and ancillary facilities to veriff that pre-construction commitments have been satisfied. A copy of the post-reclamation inspection form will be transmitted to the Contractor is any deficiencies or a need for remedial action is noted. 6. POST-CONSTRUCTIONMONITORINGANDEVALUATION 6.1 REVEGETATION AND EROSION CONTROL MONITORING During the frst growing season following construction and reclamation, qualified speciJists will conduct intensive surveys to assess revegetation success and determine the need for further reclamation. Revegetation monitoring will include evaluation of the following parameters as compared to adjacent (otr-ROW) vegetation: a percent total herbaceous cover (seeded species plus desirable volunteers), and o species composition Where applicable, the following will be evaluated: a new or expanded populations of noxious weeds. Areas with poor germination and/or growth will be evaluated to determine, if possible, the cause of the problem. Reclamation techniques will be modified as necessary to address any identified problems 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 risponsible 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. Success criteria for both are discussed in Section 6.2. Both erosion control and revegetation monitoring will be conducted routinely throughout the life of the pipeline to evaluate long-term survival of reestablished vegetation and the effectiveness of erosion control measures with specific attention to problem sites. 6.2 EVALUATING RECLAMA'TION 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. As discussed in Section 6.1, the Company will conduct intensive monitoring after the first growing season and routinely 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 (otr-ROW) vegetation after the first complete growing season. Additional r"Ldirg will be completed during the next seeding season (fall or spring). In the event that first year revegitation is affected by precipitation amounts significantly below the annual urlrug., thaCompany may request deferment of additional seeding activities until the following seeding window. The reclaimed ROW will be considered stable when the surface appeirs similar to adjacent undisturbed land and the following accelerated erosion indicators do not exist: i Perceptible soil movement (exceeding pre-construction conditions) a Head cutting in drainages a Flow pattern development resulting in large (greater than 12 inches in depth) rills or gullies t Trench subsidence or slumPing Revegetation will be considered successfrrl when the following criteria are met: I Total herbaceous (seeded species plus desirable volurteers) cover is at least 75 percent ofthat on adjacent land, a Species composition comprised of a mix of seeded species and desirable volunteers from adjacent communities, and Hazardous Material Management 8L Spill Prevention o o r-lL,i l. Introduction LI Purpose of Plan 1.2 Overview of the Plan's Components 1.3 Plans and Maps Reiated to the HazMat PIan 1.4 Regulatory Overview 2. Contractor's Guidelines for Developing the HazMat Plan 2.1 Certifications, Acknowledgements, and Designation of Coordinator Responsible Person 2.1.1 Certifications 2.1.2 Amendments 2.1 .3 Responsible Person(s) 2.2 Facllities' Description & Inventory of Materials 2.2.1 Site Map 2.2.2 Inventory 3. Hazardous Materials Management 3.1 Overview of Hazardous Materials Proposed for Use 3.2 Training 3.3 Vehicle Refueling and Servicing 3.4 Equipment Inspection and Decontamination 3.5 Transportation of Hazardous Materials 3.6 Storage of Hazardous Materials 3.6, I Physical Storage Requirements 3.6.2 Container Labeling Requirements for Hazardous Wastes 3.7 Disposal of Hazardous Materials 3.8 Contaminated Containers 3.9 Waste Oil Filters 3.10 Used Lubricating Oil 3.11 Inspection and Record Keeping 4. Potentially Contaminated Sites 5. Spill Control and Counterrneasures 5.1 Physical and Procedural Response Measures 5.1.1 On Site Equipment 5.2 Employee Spill Prevention/Response Training and Education 6. Notification and Documentation of Spill 6.1 Required Notification 6,1.1 Agency Notification 6.1.2 Land Owner Notification 6.1.3 Reporting Criteria 6.2 Documentation I. INTRODUCTION This Hazardous Materials Management and Spill Prevention and Countermeasure Plan (HAZMAT Plan) describes measures to be taken by the EnCana Oil & Gas (LI.S.A.) Inc' (Company) and its contractors (Conhactor) to reduce the risks associated with the use, storage, transportation, production, and disposal of hazardous materials (including hazardous substances and wastes) and petroleum products. In addition, this plan outlines the required spill prevention and response (cleanup) procedures for the project. The HAZMAT Plan prepared as part of the Stormwater Pollution Prevention Plan as required by the project's National Pollution Discharge Elimination System (NIPDES) permit for stormwater discharges. This plan was prepared in accordance with good engineering practices. In general, hazardous materials and clean-up equipment will be stored at the construction yard' Maierials Safety Data Sheets (MSDS) will be maintained at the Contractor's yard(s) throughout the construction period, The Contractor will prepare and have the Company review and approve a FIAZMAT Plan prior to any storage of hazardous substances orpetroleumproducts. The company willhave 10 days to review submitted plans. I.1 PURPOSE OF PLAN The purpose of this plan is to provide a description of hazardous materials rnanagement, spitl prevention, and spill response/cleanup measures associated with the construction, operation, and maintenanoe of the project. In addition this plan provides Contactors with requirements and guidance for the creation of their own HAZMAT Plan. 1.2 OVERVIEW OF THE PLAN'S COMPONENTS This plan includes the following components: (1) an introduction; (2) a description of the spill prevention procedures related to vehicle refueling and servicing and the tr*rportution, storage, and disposal of hazardous materials; (3) guideline for developing the Contractor's HAZMAT Plan; (4) a description of the physical and procedural methods for spill control and cleanup; and (5) an overview of the notification and documentation procedures to be followed in the event of a spill. 1.3 PLANS AND MAPS RELATED TO THE HAZMAT PLAN Construction Alignment Sheets: These maps show the locations of drainages, waterbodies (defined as flowing streams and rivers), wetlands, and other sensitive resotuce areas. Fire Suppression and Prevention Plan: This plan details measures to be taken to reduce the risk of starting a fire, and measures to be implemented in the event a fire does occur within the project construction area. Stream Crossing and Wetland Protection Plan: This plan provides detailed information on measures that will be implemented during construction to avoid and/or minimize project-related impacts to waterbodies and wetlands. REGULATORY OVERVIEW Major legislation pertaining to hazardous materials includes the Comprehensive Environmental Response, Compliance, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Clean Air Act, and the Clean W'ater Act' Numerous other federal, state, and local regulations also govern the use, storage, transport, production, and disposal of hazardous materials. Some of the key requirements of these laws are outlined in the following: o Title 29, CFR, Part 1910.1200 (Hazardous Communication Standard). Tttle 27, CFR, Part 55 (storage and use of explosives) r Title 40, CFR, Parts 1 12, 260 to 263, and 279 (hazardous wastes definitions, standards for hazardous waste generators, and requirements for Spill Prevention Control and Counterneasure Plans) r Title 49, CFR, Part 171-180 (hazardous materials transportation) r Bureau of Land Management (BLM) Instruction Memorandwn 94-253. Title 40, CFR, Part 1910.101 to .111 and .120 (OSFIA regulations) r Superfund Amendments and Reauthorization Act (SARA) Title III, Section 301-303 (emergency planning), Section 304 (emergency release notification), and Section 3 I 1 I 31 2 (community right-to-know reporting requirements) This ptan is intended to comply with and compliment existing regulations pertaining to the safe use of hazardous materials. Persons responsible for handling hazardous materials for this project will be trained in the proper use/management of the materials and will be familiar with all applicable laws, policies, procedures, and best management practices (BMP's) related to them. 2, CONTRACTOR'S GUIDELINES FOR DEVELOPING THE HAZMAT PLAN The following sections provide specific guidelines for the preparation of the IIAZMAT Plan by Contractor. 2,1 CERTIFICATIONS, ACKNOWLEDGEMENTS AND DESIGNATION OF CoORDINATOR RESPONSIBLE PERSON(S) 2.1.1 Certifications Contractor will certifu that all of the information provided in the HAZMAT Plan is accurate and complete to the best of their knowledge. Contractor will also certify that they are committed to implementing the HAZMAT Plan as written. As per the requirements of 40 CFR, Part I 12, Conttactor will have the HAZMAT PLAN reviewed and certified by a registered Professional Engineer. 1.4 2.1.2 Amendments In completing this certification, Contractor will agree to make all necessary and appropriate amendments to the plan and submit any such amendrnent to the Company and the appropriate county, state, and/or federal authorities within 7 days of finding an amendment is necessary. Amendments to the plan will be necessary under any of the following circumstances: f 100 percent or more increase of a previously disclosed material, i any handling of a previously undisclosed hazardous material subject to inventory requirements, t a change of business address, nalne, or ownership' 2.1.3 Responsible Person(s) Contractor is responsible for contacting county representatives to determine county requirements for Hazardous Materials Business/\4anagement Plans, Generally counties will provide guidelines and forms for completion and submittal to the county. As required on the applicable county forms that the Contractor will obtain, Contractor will designate a primary emergency coordinator for hazardous materials management and emergency response. Two altemates will also be identified. Business, residential, and cellular or pager telephone numbers will be provided for all three persons as necessary, to allow for contact on a24-hour basis. Primary and alternate emergency coordinators will be knowledgeable of the chemicals and processes involved in Contractor's operation. They will have full access to all facilities, including locked areas, and must have the authority to commit company resources. They will aiso have stop work authority to prevent impacts (potential or actual) to environmental resources. 2.2 FACILITIES' DESCzuPTION AND INVENTORY OF MATERIALS Contractor's submittals will be provided to the Environmental lnspector. The Environmental lnspector will provide submitted information to the jurisdictional agencies as appropriate. 2.2.1 Site Map Contractor will complete the relevant county forms related to business information and description. The Contractor is also required to provide a site map/facility map for each construction yard indicating storage and safety precautions for hazardous materials and hazardous wastes. The Contractor's site map will, at a minimum, indicate the following: orientation and scale total land area in square feet access and egress points building and/or temporary trailers parking lots t t t t t I adjacent land uses (if business, indicate business name) I surrounding road, storm drains, ad waterways (including waterbodies and wetlands) I locations of hazardous materials and hazardous waste storage t underground and above ground tanks I containment or diversion structures (dikes, berms, retention ponds) I shutoff valves and/or circuit breakers t location of emergency response materials and equipment I location of MSDS and HAZMAT PLAN I location of emergency assembly area o location of clean up equipment within the yard As noted in Section 3.6 - Storage of Hazardous Materials, hazardous materials will be stored only in designated staging areas 100 feet from streams (dry and wet) and wetlands (dry and wet) and equipment storage yards. Temporary pumps, diesel powered generators, etc., will be located at least 100 feet from the edge of streams (dry and wet), wetlands (including dry or seasonal wetlands), and other sensitive areas defined by the project's Environmental Inspectors. If storage areas cannot be located at least 100 feet from streams and wetlands because of topographic conditions or space, the Contractor will also provide a sketch of where the materials will be stored in relation to the waterbody and location of clean up equipment. lnclude measures to be implemented for secondary containment as specified in Section 3.6.1, Physical Storage Requirements. 2.2.2 Inventory Contractor will provide a complete inventory to the Company of all hazardous substances that will be used (refer to Title 40, CFR, Parts 116 and 302). All inventory forms required by the relevant county will be provided by the Contractor as part of their FIAZMAT Plan. 3. HAZARDOUS MATERIALS MANAGEMENT Construction, operation, and maintenance of the project will require the use of certain potentially hazardous materials such as fuels, and herbicides. By definition, hazardous materials (substances and wastes) have the potential to pose a significant threat to human health and the environment based upon their quantity, concentration, or chemical composition. Generally, hazardous materials will be stored in the Contractor's yard and not on the right-of-way (RO). When stored, used, transported, and disposed of properly as described below, the risks associated with these materials can be reduced substantially. 3.1 OVERVIEW OF HAZARDOUS MATERIALS PROPOSED FOR USE The following project-specific measures pertain to all vehicle refueling and servicing activities as well as the storage, transportation, production and disposal of hazardous materials (substances/wastes). These measures are intended to prevent the discharge of fuels, oils, gasoline, and other harmful substances to waterbodies, groundwater aquifers, and/or other sensitive resource areas during project construction. Hazardous materials (substances) used during project construction may include solvents and other substances. In addition, petroleum products such as gasoline, diesel fuel, lubricating oils, and hydraulic fluid will be used. Some of these materials will be used in relatively large quantities at staging areas, in storage yards, and on the ROW to operate and maintain equipment during construction. Smaller quantities of other materials such as: herbicides, paints, and other chemicals will be used to control noxious weeds and facilitate revegelation on the row, and to operate and maintain meter stations during the life of the project. Additional materials will be necessary at other locations along the ROW (e.g., river crossing, hydrostatic test stations) and at off-ROW construction yards' Listings of other hazardous materials that will be used during construction, operation, and maintenance of the project in other locations will be identified on the Contractor's Hazardous Substances inventory form included in Attachment l. The Company will compile all Contractor's submittais and update Attachment I prior to start of construction. The Company will update the inventory of hazardous materials used/stored on the project as needed throughout the life of the project. This information will be provided to the appropriate regulatory agencies as required (i.e., the BLM requires reporting of all hazardous materials as defined by CERCLA, RCRA, and the Environmental Protection Agency (EPA), A copy of the compiled Attachment 1 will be provided to the BLM).. 3,2 TRAINING All project personnel will be required to receive basic spill prevention lraining. The Company is required to maintain a record of those workers who have received enviionmental training and ensure that only trained employees are allowed to work on the project. In addition ail Contractor personnel who will be involved with the tansportation and storage of fuels or hazardous substances, equipment maintenance, and spill response will be required to attend a higher level training class given by the Contractor as described in Section 5.2. 3,3 VEHICLE REFUELING AND SERViCING Construction vehicles (e.g., trucks, bulldozers, etc.) and equipment (e.g', pumps, generators, etc.) will be fueled/serviced in designated uptand staging areas at least 100 ieet frorn waterbodies and wetlands (including dry streams and dry or seasonal wetlands, refer to the stream and wetland crossing list in the Stream Crossing and Wetland protection Plan). If pumps, generators, etc. cannot be located at least 100 feet from streams and wetlands because of topographic conditions or space limitations, special precautions (e.g., placing pumps and small refueling cans in secondary containment structures) *ilt-u. taken to prevent the spill or release of hazardous materials into the waterway. Fueling will not occur within 200 feet of private wells or 400 feet of rnunicipal wells. When selecting refueling areas, consideration will be given to slopes and other topographic conditions. Refueling locations will generally be flat to minimize the chance of spilled substance reaching a waterbody. In most cases, rubber-tired vehicles will be refueled and serviced at local gas stations or equipment yards off the ROW. Tracked vehicles will typically be refueled and serviced by fuel/service vehicles on the ROW. Every effort will be made to minimize the threat of a fuel spill during refueling and servicing. Fuel/service vehicles will carry extra plastic, a bucket or plastic pan to catch fuel, and minimum of 20 pounds of suitable absorbent material to handle potential spills. In addition, all vehicles will be inspected for leaks prior to being brought on-site and regularly throughout the construction period. In the event that a leak(s) is found, equipment will not be allowed to operate until all leaks have been repaired. Vehicles will also be equipped with fire fighting equipment as specified in the Fire Prevention and Suppression Plan. Construction equipment requiring maintenance which might result in the draining or leaking of fluids will be serviced only after a 12 mil plastic liner has been installed between the equipment and the soil. This liner must be placed in such a manner that all fluid is contained. Washing of construction vehicles (such as concrete trucks) will be allowed only in construction staging areas at least 100 feet frorn waterbodies and wetlands (including dry streams and dry or seasonal wetlands). Washing areas will be contained with berms or barriers to prevent migration of wastewater and./or sediments into waterbodies. Waste concrete material will be removed and properly disposed of once it has hardened. 3,4 EQUIPMENT ISPECTION AND DECONTAMINATION Prior to moving equipment onto the ROW, the Environmental Inspector will check equipment for leaks while also inspecting the equipment for weeds. All equipment will be cleaned and weed-free prior to being moved to the ROW. Equipment contaminated from fuel or hydraulic line breaks will be cleaned with diapers and the diapers will be disposed of properly. 3.5 TRANSPORTATION OF HAZARDOUS MATERIALS Procedures for loading and transporting fuels and other hazardous materials will meet the minimum requirements established by the Department of Transportation (DOT) and other pertinent requirements. At all times, hazardous materials will be transported in DOT approved containers. Prior to transporting hazardous materials, appropriate shipping papers will be completed. Vehicles carrying hazardous materials will be equipped with shovels, barriers tape, 4 to 6 mil plastic bags, personal protective clothing, and spill pads to contain a small spill should one occur during transport. In addition, vehicles transporting such materials will be properly signed (placarded) and/or marked. Prior to transporting hazardous materials, vehicles will be inspected for leakage and other potential safety problems. The Contractor will ensure that vehicle drivers are properly trained to respond to and report spills, leakage, and/or accidents involving hazardous materials (see Section 5.2 of this plan). All hazardous materials used for the project will be properly containerized and labeled at all times, including during transpoftation. Smaller DOT approved containers will be used on-site to transport needed amounts of hazardous materials to a specific location. Transfer of materials from large to small containers will not be done by hand powing, but will be accomplished using appropriate equipment including pumps, hoses, and safety equipment. These smaller ("service") containers will also be clearly labeled. 3.6 STORAGE OF HAZARDOUS MATEzuALS Hazardous materials will be stored only in designated staging areas 100 feet from streams (dry and wet) and wetlands (dry and wet) and equipment storage yards. Temporary prr*pr, dieseipowered generators, etc., will be located at least i00 feet from the edge of rt .u*r (dry and wet), wetlands (including dry or seasonal wetlands), and other sensitive ar"as definld by the project's Environmental Inspectors, If storage areas cannot be located at least 100 feet from streams and wetlands because of topographic conditions or space limitations, special precautions will be taken to prevent the spill or release of hazardous materials into the waterway. These precautions will include limiting the quantity and amount of time such materials are stored near the stream or wetland, providing secondary containment, and using hained personnel to monitor activities at the ,to.ug" rit", Storage of greater than 55 gallons of hazardous materials will not be p"r*itt.d within 100 feet of streams or wetlands. Cleanup materials, including absorbent spill pads and plastic bags, will also be stored in these areas. Hazardous rraterials will not be stored in areas subject to flooding or inundation' 3.6.1 Physical Storage Requirements Security: Hazardous materials will be stored in secure areas to prevent damage, vandalism, or theft. During construction hours, hazardous materials may be stored temporarily on the ROW but overnight storage on the ROW will be prohibited. All storage containers will remain sealed when not in use and storage areas will be secured (gated, locked, and/or guarded) at night and/or during non- construction periods. Storage Containers: Containers will be compatible with the hazardous materials or wastes stored. If the container leaks or becomes damaged, the substance must be transferred to a container in good condition. Contractor will inspect containers at least weekly to discover any leaks in the containers or the containment systems. Containers used for transportation must comply with the DOT requirements, including those in Title 49, CFR, Part 173. Secondary Containment: Secondary containment will consist of benned or diked areas that are lined and capable of holding 110 percent of the volume of the stored material plus any potential precipitation accumulation, and will be provided for fuel and oil tanks stored on-site [e.g', in Contractor's yard(s)]' Container Management: Containers holding hazardous substances will be kept closed during transfer and storage, except when it is necessary to add or remove the substance. O, Incompatible Wastes: Wastes that are incompatible with other wastes will not be placed in the same container, nor in an unwashed container, that previously held an incompatible material, Ignitable or Reactive Substances: Substances that may ignite or are reactive must bL located at least 50 feet from the construction yard boundary. 'NO SMOKINIG" signs will be conspicuously placed wherever there is a hazard from ignitable or reactive waste. Examples of ignitable wastes are: paint wastes, certain degreasers, thinners and solvents (petroleum distillates), epoxy resins, and adhesives. Examples of reactive wastes that may be found at construction yards include perrnanganate and manganese wastes from dry cell batteries' Storm Water: It may be necessary to drain accumulated storm water from within the secondary containment areas that contain the fuel storage tanks. If the storm water has been contaminated, absorbent pads or booms will be used to remove floating petroleum products. After the contamination has been removed, the storm *ut.r will be left to evaporate, if possible, otherwise it will be disposed of in an appropriate manner. Prior to disposal, the Environmental Inspector will check for sheen or other evidence of contamination. 3.6.2 Container Labeling Requirements for Hazardous Wastes Contractor wilt comply with the foltowing labeling requirements for any on-site container (including tanks) used to store accumulated hazardous wastes' The containers will be labeled as required in Title 40 CFR, ParI262 and will contain at least the following information: chemical name (oil, diesel, etc.), the accumulation start date and/or the date the 90-day storage period began; and the words "Hazardous Waste" and warning words indicating the particular hazards of the waste, such as "flammable", "corrosive", or "reactive." 3.7 DISPOSAL OF HAZARDOUS WASTES Contractor will be responsible for ensuring that all hazardous wastes generated during their operations are coilected regularly and disposed of in accordance with all applicable laws. -Contractor will determine details on the proper handling and disposal of hazardous waste, and will assign responsibility to specific individuals prior to construction of the project. Hazardous wastes typically include chemicals, spent batteries, and other items. Contractor will ensure that every effort will be made to minimize the production of hazardous waste during the project including, but not limited to, minimizing the amount of hazardous materials needed for the project; using alternative non-hazardous substances when available; recycling usable materials such as paints and batteries to the maximum extent; and filtering and reusing solvents and thinners whenever possible. t i o Any Contractor (generator) producing more than 100 kilograms per month of hazardous waste must apply for an EPA Identification Number. Contractor (generator) producing less than 100 kilograms per month are considered conditionally exempt small quantity generators, A generator can store hazardous wastes on-site for a period ofup to 90 days without having to obtain a permit as a storage facility, or as a small quantity generator up to a total of 1000 kilograms. 3.8 CONTAMINATED CONTAINERS Containers that once held hazardous materials as products or which held hazardous wastes must be considered as potential hazardous wastes due to the residues of hazardous contents that may persist. In order for the container to be handled as non-hazardous waste, regulations require that the container be essentially empty and that certain handling requirements for the empty container be followed, including the following: l The containers must be empty, which means as much of the contents as possible have been removed so that none will pour out in any orientation and that they contain less than I pound and require special handling because of the waste type' I If the empty containers are less than five gallons, they may be disposed of as non- hazardous solid waste or scrapped. t If the empty containers are greater than five gallons, they must be handled in the following manner: o Returned to the vendor for re-use, o Sent to a drum recycler for reconditioning, or - used or recycled on-sitO. 3.9 WASTE OIL FILTERS Used, metal canister oil filters can be managed as solid waste as long as they are thoroughly drained of "free flowing" oil (oil exiting drop-by-drop) is not considered "free flowing"); the filters are accumulated, stored, and tra$ferred in a closed, rainproof container. Waste oil filters are best drained by puncturing and gravity draining while the filter is still hot. 3.10 USED LUBzuCATING OIL Waste lubrication oil, including contaminated soil and rags, have specific requirements for storage, transportation, and disposal. Contractors are considered "Used Oil Generators" and as such must meet the following requirements: r Have aHAZMAT Plan certified by a registered Professional Engineer and approved by the Company. t Conduct spill prevention briefings frequently enough to assure adequate understanding by all workers. I Label all storage containers "Used Oil". t Ensure storage containers do not have visible leaks 3.11 INSPECTION AND RECORD KEEPING Contractor will inspect all storage facilities on a regular basis, but not less than weekly. The Weekly Hazardous Materials/Wastes Inspection Log in Attachment 2, will be used to record the condition of the facility. In addition to the weekly log, Contractor will maintain records for hazardous materials and hazardous wastes as required by all applicable federal, state, and local regulations and permit conditions. Record keeping requirements include: hazardous material/waste inspection log transportation documents bills of lading manifests shipping papers records report forms t spill history Environmental Inspectors will monitor, inspect, document, and report on Contractor's compliance with all hazardous materials and hazardous waste management practices' 4. POTENTIALLY CONTAMINATED SITES This general procedure is included as a contingency in the event that unexpected or unknown (pre-existing) contaminated sites are encountered during the course of construction. During the "ourr. of construction, some potential exists for encountering contaminated soils, groundwater, or other materials. Should such a situation develop where there is a reasonable basis for believing that contaminated materials have been encountered (where contamination is suggested by visible indications or unusual odors), the Contractor will stop work and immediately notifi the Environmental lnspector or the Construction Supervisor. The Environmental Inspector or Construction Supervisor will determine next steps, including notification requirements. The Contractor may not commence work without authorization. 5. SPLL CONTROL AND COUNTERMEASURES The measures described in Section 3.0 of this plan are intended to prevent the spill of hazardous materials during normal project construction, operation and maintenance activities. However, not all potential spill situations can be reasonably foreseen or prevented. In accordance with Section 6.1 -Reporting Criteria, the Environmental Inspector will make a note of minor spills and cleanup in their daily logs. These minor spills will be documented in the daily report taken in the .r.rt of a major spill. In general, the Contractor will perform all cleanup activities including: (1) specifying in their TIAZMAT PLAN specific containment and cleanup procedures; (2) providing necessary materials and labor; and (3) performing all reporting and documentation, as required. Notification and documentation of spills is discussed in greater detail in Section 6.0 of this plan. a t I 0 ) o release 5.1 PHYSICAL AND PROCEDURAL RESPONSE MEASURES Physical response actions are intended to ensule that all spills are promptly and thoroughly cieaned up. However, the first priority in responding to any spill is personnel ara priUtic safety. bonstruction personnel will be notified of evacuation procedures, including evacuation routes, to be used in event of a spill emergency' In general, the first person on the scene will: a attempt to identify the source, composition, and hazard of the spill or stain; r isolate and stop the spill and begin clean up of the spill or stain, if possible (i.e., if it is safe). r contain spills or stains, of unknown substances, in a barel or plastic to prevent migration if rain occurs, r properly store, and r obtain a sample of the unknown substance for laboratory analysis o Notiff appropriate personnel and initiate reporting actions; and t Initiate evacuation of the area if necessary' persons should only attempt to clean up or control a spill if they have received proper training. Untrainei individuals will immediately notify the Contractor's primary or alternate emergency coordinators. If there is a spill of an unknown substance and its identity cannot be determined by observing obvious clues (i.e., labels on containers), or observing obvious sources (e'g', hydraulic lines, fuel tanks, etc.), it would not be considered safe for the average person to contain the spill and obtain sample for laboratory analysis Any spill of an unknown substance should be treated as a hazard and should be approached, contained and sampled by trained emergency response personnel. General construction personnel should be instructed to coniain and cieanup spills of only those substances they can safely identify and that can be safely upprou.h.d (from upwind an upgradient) and handled, after identifying the materials from a safe distance and location. In general, expert advice will be sought to properly clean up major spills-(defined as any spill over the reportable quantity foi that iubstance). For spills on land, berms will be constructed to contain the spilted material and prevent migration of hazardous materials or petroleum products toward waterways. Dry materials will not be cleaned up with water or buried. Contaminated soils will be collected using appropriate machinery, stored in suitable containers, and properly disposed of in appropriately designated areas off-site. After contaminated ioil is recovered, all machinery utilized will be decontaminated, and recovered soil will be treated as used oil if contaminated with petroleum products or hazardous waste is contaminated with hazardous waste' Contaminated cieanup materials (absorbent pads, etc.) and vegetation will be disposed of in a similu, *un ,.i. For major spills, cleanup will be verified by sampling and laboratory analYsis. If spilied materials reach water, booms and skimmers will be used to contain and remove contaminants. Other actions will be taken as necessary to clean up contaminated waters. In areas where construction activity will cross a small slowing waterbody (25 feet or less), absorbent booms will be placed on the water surface downstream of the construction zone, prior to construction. Clean-up materials including absorbent spill pads and plastic bags will be placed on site at flowing streams and "wet" wetlands when construction is occurring within 100 feet of these areas. For river crossings over 25 feet, cleanup materials will be located on both banks. 5.1.1 On-Site Equipment The following equipment will be maintained on site with each crew using heavy equipment for use in cleanup situations. t shovels I absorbentpads/materials o personal protective gear t fire fighting equipment I medical first-aid supplies t phone list with emergency contact numbers t storage containers t communicationsequipment 5,2 EMPLOYEE SPILL PREVENTIONIRESPONSE EDUCATION TRAINING Contractor will provide spill prevention and response training to appropriate construction and inspection persomel. Persons accountable for carrying out the procedures specified herein will be designated prior to construction and informed of their specific duties and responsibilities with respect to environmental compliance and hazardous materials. Contractor is required to maintain a record of those workers who have received training' Note that this training is in addition to the environmental training that will be conducted by the Company. Contractor's training will be provided to inform appropriate personnel of site-specific environmental compliance procedures. At a minimum, this training will include the following: t a review of the Company and Contractor HAZMAT Pian, and discussion of individual responsibilities ; t an overview of all regulatory requirements; I methods for the safe handling/storage of hazardous materials and petroleum products; I spill prevention procedures; r operation and location of spill control materials; 0 inspection procedures for spill containment equipment and materials; t emergency response Procedures; AND Lrse of personal protective equipment (PPE); use of spill cleanup equipment; t procedures for coordinating with emergency response teams; r standard information regarding a spill to be provided to Company for agency notification (see Section 6.1); 6. NOTIFICATiON AND DOCUMENTATION OF SPILL PROCEDURES Notifications and documentation procedures for all spills that occur during project construction, operation, or maintenance will conform to applicable federal, state, and local laws. Adherence to such procedures will be the top priority once initial safety and spill response actions have been taken. The following sections describe the notification and documentation procedures, and should be implemented in conjunction with the response procedures listed in other sections of this plan. 6.1 REQUIREDNOTiFICATION Notification will begin as soon as possible after discovery of a release. The individual who discovers the spill will contact a Company Construction or Environmental Inspector. If the Environmental Inspector determines that the spill meets the criteria for immediate verbal notification of government agencies (see Section 6.1.3, Reporting Criteria) and/or determines that the spill may threaten human health or the environment, he/she will immediately notify Company's Field Supervisor who will make the required agency notifications as described below. On federal lands, all spills gteater than 1 gallon will be reported. Prior to beginning the notification process, the individual initiating notification should obtain as much information as possible to clearly document and comrnunicate the situation. See Section 6,1.1 for standard information that will be requested by agencies. The following mandatory notifications will be made by the Environmental Inspector. 911 wiil be called if the spill is deemed to be an emergency BLM, Glenwood Springs Field Offrce-(970) 947-2800 BLM, Grand Junction Fire Dispatch-(970) 257-4800 National Response Center (800) 424-8802 (for amounts exceeding the reportable quantity for that material (see section 6.1.3, Reporting Criteria) Colorado Department of Health and Environment (303) 692-3500 non-emergency (303) 756-4455 emergency Grand Junction State Patrol/State Hazardous Materials Team, for spill occurring on State Highway rights-of-w ay (97 0) 248 -7 27 8 Local Emergency Planning Committee - notified at the following numbers. Garheid County (Glenwood Springs, CO) (970) 945-9151 City of fufle - Water plant970-625-2541 i I o a a a a a a o . If the spill or leak has the potential to affect BLM lands, the State Patrol and BLM must be notified immediately (with respect to the State Patrol, this requirement applies only for spills occurring on State Highway rights-of-way), o If the spill or leak has the potential to affect USFS lands, the State Patrol and USFS must be notihed immediately (with respect to the State Patrol, this requirement applies only for spills occurring on State Highway rights-of-way). 6. 1. 1. Agency Notification Slhen notiffing a regulatory agency, the Environmental lnspector will provide the fo llowing information : o current threats to human health and safety, including known injuries, if any; spill location (legal land description if available), including landmarks and nearest access route; reporter's name and phone number; time the spill occurred; . type and estirnated amount of hazardous materials involved; r potential tlreat to properly and environmental resources, especially waterbodies and wetlands; and r status ofresponse actions. On-site personnel should always consult the Environmental lnspector to clarify re gulatory requirements. 6.1.2 LandownerNotification When a spill poses a direct and immediate threat to health and safety and/or property, the landowners potentially affected by the spill will be directly notified by the Company. The Alignment Sheets delineate land ownership along the entire ROW and witl be used to determine affected landowners. Immediate notification of landowners is required for all situations in which the spill poses a direct and irnmediate threat to health and safety and/or property. 6.1 .3 Reporting Criteria The Contractor will report to the Company Environmental Inspector all hazardous substance releases regardless of size and petroleum product spills which threaten or enter any waterbody, or that are over 1 quart in size. Verbal reports are required irnmediately following a rnajor spill when doing so would not delay clean up or administration of urgent medical care. The Company Environmental Inspector will determine if the spill meets the following criteria for immediate agency notification. Any release of hazardous material over the applicable reportable quantities (List of Reportable Quantities), or a petroleum product spill which threatens or enters a waterbody must of reported immediately to the National Response Center (NRC), the BLM, state, and local authorities. On federal lands, all spills greater than 1 gallon will be reported. For petroleum spills over 25 gallons which occur in upland areas notification will be made to the BLM, state, and local authorities. o Environmental Reportable Quantities for select compounds ConrpounC Release MrIimPm AJn!', Yelbal Report WriFen Report Brinewater @4i,ours lodaYs Condensate 210 !al. or 5 bbl 24 hours l0 days corrosion Inhibitors consutt usns 24 hours 30 days Crude Oil 21 0 gal. or 5 bbl 24 hours l0 days Diesel Fuel 25 gil 24 hours 30 daYs Diethylarnine l0O-lb (13.3 gal) Immediately 30 days Diglycolamine Consult MSDS 24 hours 30 days Etliylene Glycol 5,000 lbs (5a5 gal) Imrnediately 30 davs Gasoline ?S gal 24 hours 30 daYs Lube Oil 25 gal 24 hours 30 daYs Methanol 5,060 lbs (?50 gal) Immediately 30 days Methyl Mercaptan tbO tUs (t+.t git) Immediately 30 davs Mono-ethanolamine t00 lbs (15.6 gal) Imrnediately 30 days Natural Gas Liquids 25 gal 24 hours 30 days Produced Water 2ldgal or 5 bbl 24 hours l0 days RCRA Hazardous waste 100 lbs. Imrnediately 24 days Sodium Chromate l0 lbs. (0.81 gal) Imrnediately 30 days Surfatron MSDS 24 hours 30 daYs Triethylene Glycol Consult MSDS 24 hours 30 days Waste Oil 25 gal Imrnediately 30 days 6.2 DOCUMENTATION Contractors will maintain records for all spitls. Agencies that the Company verbally notified of a release will be given wdtten notification by the Company within 30 days' Contractor will provide a written report of all reportable spills requiring agency notification within 24 hours (see Attachment 1)' The Contractor will record spill information in a daily log. The following'is a list of items that should be included in the daily log (as appropriate, based on the spill incident): I time and date of each log entry; I name of individual recording log enfty; . list of atl individuals notified, including time and date; t fype and amount of rnaterial spilled; I resources affected bY sPill; I list of response actions taken, including relative success; I copies of letters, pennits, or other communications received from goverTlment agincies throughout the duration ofthe spill response; r copies of all outgoing correspondence related to the spill; and r photographs of the response effort (and surrounding baseline photographs if relevant). Maintaining detailed and organized records during a spill incident is an important and prudent tasf. One Contractor representative should be designated to manage the records for an incident. If extensive spill response and cleanup operations are required, the contractor may choose to assign a bookkeeper to assist in the documentation process' The Contractol's on-site bookkeeper will track and manage all expenditures (i'e'' equipment, pelsonnel/labor hours, and associated resources) and will help supplement the information provided in the daily log book' USA REGTOIV DATE LAST REVTSED: 2004-Jan'26 EMERGENCY RESPONSE GUIDELINE ll Rl::"" EHS' Denver ll Date ApProved: 2004-Jan-15 APPLICABILITY The guideline applies to all EnCana Oil & Gas (USA) inc. facilities. SCOPE To ensure that the US Rockies Region is prepared to respond to emergencies having the potential to compromise the safety of employees and the public, the environment or company assets. Emergency preparedness is essential to ensure that, in the event of an incident, all necessary actions are taken to protect the public, the environment, company personnel and company assets. CORE INFORMATION AND REQUIREMENTS The US Rockies Region Emergency Preparedness Guideline is built on 5 components, and is designed in alignment with the Corporate EHS Management System Element # 3, Emergency Preparition and Response, and the Corporate Crisis Management Plan. The components of the US Rockies Region Emergency Preparedness Guideline are: US Rockies Region Emergency Response Plan The US Rockies Region Emergency Response Plan (ERP) is based on industry recognized incident Lommand structure. The ERP describes the functional roles and accountabilities for life safety, property damage, environmental, and public image response. The ERP also describes the communication and notification protocols to engage Regional support based on the nature and complexity of the emergency. The most important aspect of the regional plan is the accuracy of the names and call numbers on the notification charts. Site Specific Evacuation and Control Plans These plans detail specific criteria to support the on scene commander functional role and effectively initiate local response requirements. Emergency response plans at the site-specific level meet regulatory requirements. Program evaluation and improvement The results of the training and exercises are used to identify improvement oppottunities and exposures. ENCAXEv--_<\ GUIDELINE,OOC En0ana Oil & Gas (uSA) lnc. Pagel of2 o Stewardship Region leaders and line management will demonstrate their commitment to effective emergency preparedness by setting plan expectations for participation and stewarding performance results. TRAINING Emergency Response Training Training consists of tabletop exercises and simulations at Regional, Business Unit, Sub- Busineis Unit, Area and Work Team tevels. Regional and Business Unit level training includes response and media training. FORMS None REFERENCES US Rockies Region Emergency Response Plan DATE LAST REVISED: 2004-Jan-26 Creator: EHS, Denver DateApproved: 2004-Jan-15EMERGENCY RESPONSE GUIDELINE EnCana Oil & Gas (USA) lnc. GUIDELINE,DOC Page 2 ol 2 USA REG/ON o o Emergency Preparedness Guidelines USA Region Emergency Response Plan USA Region Emergency Response Plan Region Emergency Manager (REMy Region Emergency Management Team (REMT) Field Ernergency Manager (FEM) Emergency Coordination Officer (ECO) On-Site Commander (OSC) Tactical Support Team Environment, Health and Safety Support DOT Building Security Plan Area Notification Gharts (See Section Table of Contents) Site Safety/Evacuation Plan Site Safety and Evacuation Plan Template Forms & Attachments . 24-Hour Emergency Call Centers . Bomb Threat Checklist . Emergency Call TemPlate . ERP Quick Reference Guide . lncident Assessment Checklist . Risk Matrix/Assessment Worksheet . Time and Event Log Section ffiffiffi IffiE: 5ffiffi DATE LAST REVISED: 2004-Jan-21 Creator: EHS, Denver DateApproved: 2002-MaY-15 EMERGENCY RESPONSE PLAN TABLE OF GONTENTS Encana Oil & Gas (USA) lnc. Page 1 of 1 ENCEnIE TOC,DOC _\t \\EnB \Z: llo g JIE; lF I m 0 7mocvm =mz{U' .Tt o7vm!ovIzo zo =m UI{ o =o =q Imz a 9t@ EP3 lxdeEP grB ; $E 6 Jh : diEloio ql 6't s YH; -- f E.E 3 E6or_o > 6.9 ;.o 6'q6a x!d oo E5=oa= S;3fT- @@!o oSQNr >zo-Tr-o!o,;+ ^^TO-Oos=1-v r#eAgaflaBeadeF.:iiB?i;lpt=Et*s38.3;EgBts9eda:3. 3ea3i3iqgif €€ie;g€aai: liEE*csis*$ l3e'alF+5taa i4aaESB rfs e'Biaa-qe SE; }BIEE*E 93*lEiSEAE :B: H +s:r 3E E 3 g A4EqA*: 39i 93 +iaE e iI Efr_e ;3 ! e- i q+agEA =tBEBF'Ee limEo5QG >9a'F:ri1 ;E H*Eeud g'6 m-jPE== 9'-g;5EHi ga fiZt-:Zc a xx ^ i<f y =B;gEf EA aF€Ps d6a''E{: &,E c ;EE HEo moil nHo *f { lrf Yax >P iEBI EE3 ?3 isa aq o!6 d< roI el 5aE ps ;3r Yq 8s5 oP 9p = /6 XOd 6E ;P c Od ^.Xg Efr Bi5 a8 36 ^ .: I a a!1 < oo+ €tr Ze.6 ;? +sE :d 6EE Eq HT d)'6 @P r xa ;s *fiS =d' p36 l:= sS> r3 E? gf IB se S lo -l oo 9@ = 16 3 = 9+ 3J. oo Y - N6 :6 =5 !)5 5q : - lo JXo c'oG 2 E;E-o ltl aoo6_ o-. 6 o Eg oo - i@OCo- o m,ozoo o^x;o 'o GENERAL APPLICATION Emergency Response is made up of two elements: 1) a response to the emergency and Z; a nltincation io acquire the necessary support. These two elements are typically described in emergency response plans and are designed to effectively provide life safety, protect propefty, minimize risk to the environment, and manage impacts on corporate image and rePutation. This plan, Emergency Response Plan (ERP), covers the expectations, protocols, roles, and responsibilities to support site-specific emergency response plans. lt is an expectation that site-specihc plans are in place as required by regulation for pipelines, compressor, battery, and plant facilities. Site-specific plans for facilities on a smaller scale than those described above will be assessed on an as required basis with Operations and EHS. EM ERGENCY LEVEL ASSESSM ENT An emergency is an unexpected or unplanned event that demands immediate attention and has or could result in harm to people, damage to property or the environment, loss of process, or negative impact on corporate image and reputation. Emergencies are deiined in three levels that are universally recognized terms and familiar to most response particiPants. Level 1 There is no potential danger to outside company property or right-o-f-way, no threat to the public, and Company personnel can handle the situation. Notification to the Supervisors and other authorities should be timely. Examples of Level 1 emergencies include: An oil or saltwater spill of rny magnitude that is confined to the lease and does not flow onto private, state or federal propefty, or enter a stream, river, pond, dry drainage. - An "mployee or contractor injury accident (either industrial or vehicular)resulting in minor injqy that may require-medical attention, but does not require hospitalization. - Minor pioperty damige ih"t doe. not compromise the safe operation of vehicles or equipment. A small natural gas release which can be contained by manual valve closure or flaring. - Small brush or structure fire. ExCeNE DATE LAST REVISED: 2004-Jan-21 Creator: EHS, Denver DateApproved: 20O2-MaY-15EMERGENCY RESPONSE PLAN RGNPTAN,DOC EnCana Oil & Gas (USA) lnc Page 1 of B o ,o Level 2 The potential exists for the emergency to extend beyond Company property. Therefore, outside municipal services and the state regulatory agencies may need to be alerted and kept informed of the situation. lmmediate notification to the supervisor is mandatory. Examples of Level 2 emergencies include: An oil or saltwater spill of any magnitude that leaves the lease and flows onto private, state or federal property, or that may enter a stream, river, pond, or dry drainage. Rn emptoyee or contractor injury accident (either industrial or vehicular) resulting in hospitalization. property damage resulting from fires, explosions, impact, or contacts that exceeds the safety threshold of the equipment or the structure. Leak in i nign-pressure natural gas pipeline that cannot be controlled by a manual valve closure, but that does not represent an immediate danger to persons in the area. Severe thunderstorm warning issued by the National Weather Service for an area where operating personnel are present. Level 3 Safe operating control has been lost, or a fatality has occurred, or public safety is jeopardized, or there is a significant and ongoing environmental impact' Examples of Level 3 emergencies include: An oil or saltwater spill-of any magnitude that enters a watercourse and threatens the intake of a municipal or private water supply. Any leak or spill (controlled or uncontrolled) that causes the evacuation of nearby residences, buildings or facilities, or causes significant environment damage. A fire, explosion, impact, or contact resulting in the destruction of company property, injury to the general public and/or damage to private or public structures. An employee or contractor injury accident (either industrial or vehicular) resulting in a fatality. Uncontrolled flow of flammable natural gas mixtures' Rupture of a natural gas PiPeline. Report of a bomb threat. Toinado warning issued by the National Weather Service for an area where operating personnel are Present. level will be made by the On-Site Commander Emergency situations will be called down in The decision or a senior consultation to reclassify the emergency company representative. with the Field Emergency Manager, Emergency Coordination Officer and DATE LAST REVISED: 2004-Jan'21 Creator: EHS, Denver DateApproved: 2002-MaY-15EMERGENGY RESPONSE PLAN vernment Er{CANa," RGNPLAN,DOC es, as Encana oil & Gas (USA) lnc. Page 2 of B o USA REG'ON DATE LAST REVISED: 2004-Jan'21 EMERGENGY RESPONSE PLAN Creator: EHS, Denver DateApproved: 2002-MaY-15 RISK ASSESSMENT As company employee(s) or designated representative(s) first on the site, you are empowered to make an assessment of the level of risk. ONLY if life safety is assured, can immediate actions be taken to gain control, shut down, isolate, depressurize or contain the event in an effort to minimize the overall impact. The Company sponsors tools to assist in the risk assessment: Basic risk questions you ask yourself before acting: 1. What could go wrong? 2. What is the impact on mY values? 3. What is the impact on the Company's values? 4. What can I do about it? Risk Assessment Matrix This tool identifies the company's core value areas and enables the assessment of the impact of the event, the likelihood and probability of the event escalating, and the recommended actions to control the risks. See copy of Risk Matrix included in the back pocket of this manual. o EnCana Oil & Gas (USA) Inc. RGNPLAN,DOC Page 3 of B o 'o FUNCTIONAL ROLES OF THE EMERGENCY RESPONSE PLAN There are seven functional roles involved in an emergency response, commonly referred to as an lncident Command Structure. The nature and emergency level of the event determine the involvement of these functional roles as illustrated in the table' NOTIFIGATION OF NEXT.OF.KIN At least two people should make the notification in person, not through an intermediary. Check with the local or state police before notification is attempted, as they have specialized departments who will also be attempting that function. Representatives conducting the notification should not have any time pressures, so they are available to support the next-of-kin. present only the facts; do not speculate. Do not discuss personal views of liability or fault. Be prepared to listen to what people are trying to say and allow the next-of-kin to vent their emotions. Offer assistance; document key issues and concerns. Do not make prornises that cannot be kept. Follow up on relatives' requests' Document the details of anyone who appears to be having trouble coping with the incident so that he/she can be given prompt psychological support' DATE LAST REVISED: 2004-Jan-21 Creator: EHS, Denver DateApproved: 2002-MaY-15EMERGENCY RESPONSE PLAN Emergency Level 123 Functional Roles @t senior Company employee or company representative on the scene) @nofficer(typicalIytheareasupervisorortheperSon first contacted by the on site commander or deputy on-site commander) @iiallyavailableoperatorsandothercompetent personnel in-ilose enough proximity to the emergency area to be of assistance) htactsforeachBusinessUnitandSubBusiness Unit as identified on the respective field notification charts) typicallytheSubBusinessLead,theirdesignate or the person firsi contacted by the emergency coordination officer) @ger(BusinessUnitLeaderandotherneceSSary EHS, Business Services as required) ntTeam (Business Unit Leaders, EHS, Human Resources, Legal and other necessary Business Services) En0ana Oil & Gas (USA) lnc. RGNPLAN,DOC Page 4 of 8 USA REGION o USA REG/ON DATE LAST REVISED: 2004-Jan-21 EMERGENCY RESPONSE PLAN Creator: EHS, Denver DateApproved: 2002-MaY-15 Do not leave the next of kin atone. Offer to contact a neighbor, friend, relative, minister, doctor or counsellor. Leave your name and telephone number with family members. Ensure the next-of-kin are protected from media harassment as required. lf a contractor's employees are involved, a senior official of that company should be called to begin their notification process. A communication link should be maintained between the contractor and the Company until all notification issues are addressed. NEWS MEDIA It is important to develop and maintain a good working relationship with the news media from the outset of any emergency. The way that both field and corporate personnel interface with reporters will affect the public perception of the company and the effectiveness of our response. The news media have a responsibility to report on the incident. We have a responsibility to provide accurate information in a timely, consistent, and professional manner. Sometimes the particulars of the incident are not known. Until the facts are clear, answers to media queries should be as follows: ',On (datd / at ftimd there has been a fuhail at fuherd that involved company ffacitities. emptov . "A complete statement will be issued by the Company as soon as fhe facfs have been determined; untilthen no further information is available." Until Media Relations has been engaged, the Emerqencv Coordination Oflicer will deal with media inquiries. Under no circumstances will the name of any accident victim be released to the public before the next-of-kin are notified. When the facts become known, a Senior Company employee will, in conjunction with Media Relations, prepare a statement for release to the news media, if appropriate. Media Management - Do's Exhibit a professional, co-operative but firm attitude and remain low-key at all times. ENCerua" o RGNPLAN.DOC EnCana Oil & Gas (USA) lnc. Page 5 of 8 o Know the location and telephone numbers of company spokespersons' Know the whereabouts of all media in your party at all times. Offer to follow up requests for information about the incident, rather than answer questions Yourself. Media Management' Don'ts Don't try to please photographers by allowing unauthorized photo opportunities. Don',t allow media in "No go" areas. lf they insist, request back up. Don't feel compelled to answer questions. You are not a spokesperson. "l don't know" is a good answer. Don't get into a confrontation with the media. lt may become the story- Remember - Any statements made by Company employees' and/ or contractors that may in any way deal with root cause, fault or liability have the potential to negatively impact the corporate reputation' lnteruiew Tips Look directly at the reporter as you answer the question. When you finish an answer and the reporter doesn'i speak - wait and don't continue speaking to break the silence. Control the pace of your answer; speak calmly and deliberately. Keep it simple! Avoid using industry jargon or technical terms' Express concern for individuals affected by the mishap. State that your company is striving to rectify the situation as quickly as possible, and that you are diligently following a Plan. Listen to the question. Ask to have it repeated if necessary. Don't speculate as - to the cause. "lt's too early to telt but an investigation will determine the cause of the accident". lf you don't know, say so. Offer to find out and provide the answer later. Anything you say to a reporter at any time may be reported' Nev-er offer to comment "off the record'i. Rememblr you are still "on the record", even after the camera has been turned off. Don't speak or comment for or speculate about other parties. Document reporter's name, organization, phone, and fax numbers. ENCANN" DATE LAST REVISED: 2004-Jan'21 Creator: EHS, Denver DateApproved: 2002-MaY-15EMERGENCY RESPONSE PLAN RGNPTAN.OOC EnCana Oil & Gas (USA) lnc. Page 6 of I 'o USA REGION DATE LAST REVISED: 2004-Jan-21 EMERGENCY RESPONSE PLAN Creator: EHS, Denver DateApproved: 2002-MaY-15 INVESTIGATION AND WORK RESUMPTION Following an accident where a serious injury or fatality has occurred, government agencies will investigate. When possible, write down the name, company, and telephone number of every person on location at the time of the incident. Their information could be valuable during the investigation. All government investigators should be asked to present their credentials upon arrival at the accident scene and, upon verification, are to be afforded full cooperation. Answer the regulatory agency questions but do not speculate on any answers. The EHS Reqiorral Support will coordinate internal investigations and follow-up written reports to any agency with the assistance of the Field Emerqencv Manaqer and Legal Counsel. The Emerqencv Coordination Officer shall ensure that all evidence is preserved in its original stite. Do not allow removal of any equipment (evidence) that was on site at the time of the incident. lf, due to some unusual circumstance, an item of evidence must be removed, do not allow it to be altered or destroyed and document its handling and whereabouts. Work at the scene must not resume until permission has been obtained frorn the local, state and/orfederal regulatory agencies. ln some cases, work shall not resume until Loss Control/ lnsurance (insurance adjusters) has visited the site. The Emergency Coordination Officer and EHS Regional Support shall be responsible for obtaining that permission. EnCana utilizes the lncident lnvestigation Report Form and the Time and Event Log Form to capture all aspects of the incident. The Time and Event Log and lncident lnvestigation Repod Form should be provided to the EHS Business Unit representative' These forms are included in the front and back covers of the ERP manual. REGULATORY REPORTING REQUIREM ENTS Business Unit EHS support will ensure that the regulatory agencies are notified appropriate to the nature of the emergency. An accident that is fatal to one or more employees or causes the hospitalization of three or more employees shall be reported by the Business Unit EHS suppoft to the nearest OSHA Area Office either orally or in writing within 8-hours of occurrence. Encana oil & Gas (USA) lnc. FGNPLAN,DOC Page 7 of B o o lf the accident involves a contractor's employee, verbal or written notification to OSHA must be made within the required 8-hour time frame. The Business Unit EHS support ensures that appropriate osHA reporting has taken place. EMERGENCY TIME and EVENT LOG The response to emergencies can be a hectic and stressful experience. One method to reduce ihe anxiety is tJ immediately begin a time and event log. The log is simple form used to document incident facts, communications, discussion details/ times and decisions made. A completed action log is very valuable information to recollect the cf,ronotogical order of events for causal investigations, inquiries or any continuous improvement reviews. CHANGE MANAGEMENT Maintaining accurate emergency response information is the responsibility of all staff' Any misrefiresentation of contact names or contact numbers or changes should be prompfly brought to the attention of the Business Unit EHS Support. Chanqes to Emerqencv Response Plan The annual update will be used to modify the ERP with respect to: o Personne!.o Telephone numbers.. Resident lists (if anY). . Healthconsiderations.. Assistancerequirements.. Road systems and evacuation routes' . other area facilities, pipelines and facility operations. o Agency/regulationchanges'. Debriefing results after drills or actual emergencies. . Evaluations of recommendations of company or contract personnel, or agency representatives. EUCENE DATE LAST REVISED: 2004'Jan-21 Creator: EHS, Denver DateApproved: 2002-MaY-'15EMERGENGY RESPONSE PLAN RGNPLAN.DOC EnCana 0il & Gas (USA) hc, Page B of B USA REG/ON REGION EMERGENCY MANAGER (REM) REGION EMERGENCY MANAGEMENT TEAM (REMT) DATE LAST REVISEDI Creator: EHS, Denver DateApproved: 2002-May-15 a REGION EMERGENGY MANAGER (REM) The REM is typically the Business Unit lead as outlined on the Emergency Response Notification Chart, The REM is responsible to: Consult with the Field Emerqencv Manaqer to assess the potential risk to the corporation and the risk mitigation options. Make or support any decisions required to mitigate risk. Communicate the emergency response effort, risk and risk mitigation to the President. Participate in the REMT as the corporate representative and liaison to the President. Make the decision to notify the Division Crisis Manager and follow-up accordingly. REGION EMERGENCY MANAGEMENT TEAM (REMT) The Region Emergency Management Team is composed of senior personnel who will be required to provide corporate level expertise and strategic direction for level 3 emergency operations. Business functions that service the REMT are typically, Business Unit Leaders from Operations, Human Resources, Legal, Media Relations and Environment, Health and Safety. The REMT is responsible to: Ensure that resources have been allocated to meet the on-site priorities. Resource any necessary expertise to assist in developing methods and/or procedures to contain the emergency and lessen its impact. Assess the magnitude and impact of the emergency across the value areas of the corporation, i.e. people, environment, financial and public image. Obtain the relevant information to develop a media management plan and communications to the President and Corporation. Participate in a Review the response effort for improvement opportunities once the emergency has been called down. ,(, Encana Oil & Gas (USA) lnc, Page 1 of 1 USA REGTON DATE LAST REVISED: 2004-Jan-21 FTELD EMERGENCY MANAGER (FEM) ll ::::'',' EHS' Denver ll Date APProved: 20Q2-MaY'15 The Field Emergency Manager (FEM) is typically the Sub Business Unit Lead, their designate, or the person first contacted by the Emerqency Coordination OfFicer- The responsibilities of the Field Emergency Manager (FEM) are: Affirm, Assess, Anticipate and Support Keep communications calm and re-affirm confidence in the response team and effort. Consult with the Emergency Coordination Officer and re-evaluate the potential for the emergency level to escalate. Confirm the current emergency level, 1,2,3. Anticipate and back fill for the Emergency Coordination Officer. Assist the Emergency Coordination Officer in deciding on immediate, near-term actions to be taken. Continuously assess the potential risk to the corporation and the risk mitigation options. Contact the Beqion Emerqencv Manaqer (REM) (typically the business unit lead) and advise on the current emergency level. Relay as much of the "who, what, where, when" information as possible, the actions that have been undertaken or that are undenryay and any immediate decisions required. Use the Time and Event Log. Advise the Region Emergency Manager (REM) on the need for assistance from business support functions such as Human Resources, Legal Counsel, Media Relations or Region-level EHS. Advise on the need to assemble the Region Emergency Management Team based on the nature and escalation potential of the emergency. Keep the lines of communication open to the Emergency Coordination Offlcer and the Region EHS Support. Coordinate Resource additional personnel, technical services, company specialists, etc., as required by the Emergency Coordination Officer. Coordinate the relationship between the Region Emergency Manager/ Region Emergency Management Team and the field emergency response effort with specific emphasis on resource availability and media management. Assemble as required and coordinate any corporate business groups such as Human Resources, Legal Council, or Media Relations to support the needs and efforts for level 2 emergency response. Assemble as required and coordinate the operation of the Region Emergency Management Team (REMT) for level 3 emergency response. Designate suppott ENCANE""'-A Encana oil & Gas (USA) lnc. Page 1 of 2 USA RE6/ON DATE LAST REVISED: 2004-Jan-21 FIELD EMERGENCY MANAGER (FEM)Creator: EHS, Denver DateApproved: 2002-MaY-15 o personnel to the REMT such as scribe(s), telephone communication coordinato(s), etc. The entire group may not be assembled for every situation, but designated members will alwaYs be on call. Coordinate a review of the response effort for improvement oppoftunities once the emergency has been called down. Call Down Consult with the Emergency Coordination Officer for appropriate "call down" of the emergency. ,O ENCENE<-v Encana oil & Gas (USA) Inc. Page 2 of 2FEM,DOC The Emergency Coordination Officer (ECO) is typically the area supervisor or the person first contacted by the on-site commander or deputy on site commander' The responsibilities of the Emergency Coordination Officer (ECO) are: Assessment and Evaluation Re-evaluate the potential for the emergency level to escalate in consultation with the On-Site Commander (OSC). Assess anO affirm tne required on scene support roles in consultation with the On- Site Commander (OSC). Control and Coordinate Keep the situation calm and instill confidence in the response team and effort' Replace the on-site commander (osc) if a contractor with company personnel, if appropriate. Assist the on-site commander in deciding on immediate action to be taken' Determine if it is best to go directly to the iccident site or remain at a more central location. Establish an on-site command Post for level 2 and 3 emergencies' Anticipate and back fill for the On-Site Commander' Coordinat" r"pLr"rent of the Tactical Support Team members depending on the duration of the emergency. coordinate notification to families and next-of-kin as required by the nature of the injuries. Communicate ContacttheFieldEmerqencvManaqer(FEM)(typicallythesubbusinessunitlead). Relay as much of the who, wh"t i6"r", when"-information as possible, the actions that have been undertaken or that are underway and any immediate decisions required, Use the Time and Event Log' Provide input to the Field Emergency Mrnrg"r (FEM) regarding the need for additional personnel, technical services, company specialists, etc' contact the Business Unit Environmental, Healtl'L and safety representative and determine if they can assist with the response at the site or to remain on stand-by to assist with the investigation' Assist the appropriate government agencies in establishing an Off-Site Emergency Operations ientLr inctlding a PubliJand Media lnquiry Room for level 3 emergencies. Keep the lines of communication open to both the on-site commander and the Field EnqCeNa" DATE LAST REVISED: 2004-Jan'21 Creator: EHS, Denver DateApproved: 2002-MaY-15EMERGENCY COORDINATION OFFICER (ECO) Emergency Manager. Encana oil & Gas (USA) lnc. Page 1 of2 USA REG/ON DATE LAST REVISED: 2004'Jan-21 EMERGENGY COORDINATION OFFICER (ECO)Creator: EHS, Denver DateApproved: 2002-MaY-15 Call Down Consult with the On-Site Commander (OSC) on "call down" of the emergency. GollecU Protect Supervise the collection of all relevant information including log sheets, accident reports, Safe Work Permits, OSHA documents and other appropriate company and government agency documents. Secure any evidence that may be relevant to the investigation. 'O EnCana Oil & Gas (USA) lnc. Page 2 ol 2 ECO.DOC On-Site Commander (OSC). That person has the following responsibilities: The most senior Company employee or Company representative on the scene is the Assess the Site/ the Situation Assess the site and the situation for hazards, evaluate the actual and potential risks and establish a safe location for the on scene command post. Review and complete the lncident Assessment checklist at the end of this section. Rss@itesuppo[rolesrequiredtomanagetheemergenCy.Typical support roles are: Deputy on-site commander - assists the on-site commander. Site Sifety - advice on safety procedures and incident command system response. Logistics hlanning Chief - technical supporl, order resources, personnel and equipment. Media Officer - field media issues and general public inquiries' public Protection Officer - coordinate site security and public safety actions. public Evacuation Leader - locate, advise and assist public evacuation' Roadblock Grews - establish roadblocks to secure emergency planning zone' switchboard Lead - receives and directs incoming calls. Telephone Notification Lead - notification of nearby residents in the emergency planning zone. bo"umentation Lead - assists the on-site commander with documentation requirements. Rovers - stand-by personnel prepared to assist any support role. Get Help Get help for any injuries first. Then get help for other non-life threatening events as soon as possibie. lf required, enlist the aid of other Company employees or contract employees in your area. Designate team leads and assign them to the required support roles with primary empiasis to ensure that all on-site personnel are accounted for, barriers and roadblocks are in place and staffed, personal protective equipment is available and personnel and public safety is assured. birect the Tactical SupportTeam to report back as soon as possible on the status of their assigned responsibilities' Give Help lf there are injured persons on-site, administer immediate first aid and arrange for transport to a medical facility as soon as practical (if remote, meet the arnbulance, or airlift, or drive victim to hospital, clinic, doctor, etc')' ENCAruA#= Encana 0il & Gas (USA) lnc. D.ATE LAST REVISED: 2004'Jan'21 Creator: EHS, Denver DateApproved: 2002-MaY-15oN-srrE coMMANDER (OSC) Page 1 of 3 'o o Contact the Emergency Coordination Officer (ECO) CollecU document as much of the "who, what, where, when" information as possible, the actions that have been undertaken or that are undenruay, and any immediate decisions required. Use the lncident Assessment checklist. Contact and inform the Emergencv Coordination Officer (likely hisiher area supervisor) of all events that have occurred or may occur and declare the initial emergency level 1,2,3. Define and prioritize critical issues and evaluate the need for additional resources' Establish a reliable means for close communications with the incident commander. Minimize Damage On-Site Where the potential for more injury or damage exists, assess the nature of the threat and if life safety is assured, take immediate action to minimize those dangers. This may include shutting off energy sources, closing valves to limit fuel spills, extinguishing small fires, and calling the police, fire department, etc., as necessary. Secure the Site A safe perimeter should be established around the accident site that secures the area frorn onlookers, media, and unauthorized and unnecessary personnel. Utilize the police and/or sheriffs department to accomplish this task. Local law enforcernent officials have an obligation to protect the public and they will help to secure the scene if requested' As soon as practical, the On-Site Commander (OSC) should take steps necessary to secure the site. The primary reasons for securing the site during an emergency situation are as to minimize further danger of injury, loss, or damage, to control outside involvement and to preserve the facts for a truthful investigation. Coordinate Site Access and Gall Down Emergency On-site access should be limited to appropriate Company personnel, contractors, and emergency personnel. Do not let employees, contractors or any other individual who simpiy wants to "look at what happened" wander about the site' lf an unauthorized person (trespasser) refuses to honor the access limitations and enters the secured area, inform that person that they are trespassing and demand that they leave immediately. lf they refuse to leave the premises, telephone the local law enforcement authority Lnd askthem to remove the trespasser and notify both the trespasser and the authorities that we will press charges. continually re-assess the situation and risk to life safety. Maintain control of all on-site operations' Maintain regular communications with the Emergency Coordination Officer (ECO)' EnqCeNe" Enoana Oil & Gas (USA) lnc, DATE LAST REVISED: 2004-Jan-21 Creator: EHS, Denver DateApproved: 2002-MaY-15oN-srTE coMMANDER (OSC) Page 2 of 3 DATE LAST REVISED: 2004'Jan-21 Creator: EHS, Denver DateApproved: 2002-MaY-15oN-srTE coMMANDER (OSC) O Give an "all clear" signalto on Scene personnel When Safe to do so. lnvestigation - Once the "all clear' signal has been issued, the site must remain secured in preparation for the investigation as outlined in section 1. 'a EnCana Oil & Gas (USA) lnc. Page 3 of 3 USA REG/ON osc.Doc 'o USA REG/OTV DATE LAST REVISED: 2004-Jan'21 TACTICAL SUPPORT TEAM Creator: EHS, Denver DateApproved: 2002-MaY-15 The Tactical Support Team is typically comprised of available operators and other competent personnel in close enough proximity to the emergency area to be of assistance. The primary role of the Tactical Support Team is to coordinate or carry out the assigned role safely and to ensure that the On-Site Commander or Deputy On-Site Commander is regularly updated on the status and any problems or apparent risks. The type of suppoft roles and associated responsibilities are: Deputy On-Site Commander - assists the on site commander' Site Safety - advise on safety procedures and incident command system response. Logistics Planning Chief - Technical support, order resources, personnel and equipment. Media Officer - field media issues and general public inquiries. public Protection Officer - coordinate site security and public safety actions- public Evacuation Leader - locate, advise and assist public evacuation. Roadblock Crews - establish road blocks to secure emergency planning zone' Switchboard Lead - receives and directs incoming calls. Telephone Notification Lead - notification of nearby residents in the emergency planning zone. bocumentation Lead - assists the on scene commander with documentation requirements. Rovers - stand-by personnel prepared to assist any support role. EnCana Oil & Gas (USA) lnc. -IACTICAL.DOC Page 1 of 1 Environment, Health and safety (EHS) support for all emergency levels is provided at the request of the On-Site Commander or the Emergencv Coordination-.Officer' Primary EHS contacts for each Business UniGnd Sub Business Unit are identified on the respective field notification charts. The responsibilities of environment, health and safety personnel are: Contact, Communicate, Assist, Contain Establish a reliable means of communications with the site. Provide immediate technical input to the Site Safety Team Lead, On-Site Commander and Emergency ioordination Officer regarding the anticipated hazards, risks, safety of response efforts and site security' Assist in determining the emergency level and escalation potential. Contact the Region EHS representative. plan to travel to tne site or arrange for local support that can arrive sooner. Be available to provide support while travelling to the site. Assist the on-site commander and Emergency coordination officer with the administration of the incident command response system. Assist in the containment and mitigation of the event. Assist in identifying the agencies that need to be notified. Assist the Emeige"ncy Co-ordination Officer in making the necessary regulatory notifications. Provide regular updates to the Region EHS' Loss Potential Assessment, Evaluation, lnvestigation Assess the loss potential and environmentaldamage' Assess whether any regulatory violations occurred' provide technical assisiance to limit additional or potential violations. coordinate or participate in the investigation as outlined in section 1. Evaluate reports and ensrre that preventive methods and procedures are developed. ENCelnte"z#== EnCana Oil & Gas (USA) lnc. DATE LAST REVISED: 2004-Jan-21 Creator: EHS, Denver DateApProved: 2002-MaY-15ENVIRONMENT, HEALTH AND SAFETY SUPPORT Page 1 of 1 o EHS DOC ffiI * ''i' ,l!= +?lgr,,:7 (''.*,1" "t t Pt, .'r., ';!ryi I ji t't D r?E -ilj:. -;--7 .-:' ^l . I i.rt,t "d ; .'i . 1s; .. i i 1a &u T ililfi l t I i , $llr'.dil {a mffi - -- I ,i .: -l-t . \11. re T I I T t * E E I oI 9. 7 i @_,_- ,t >i "i 1. ,i',i ..::ii$i .i1 .: I II I I .! re I EII \! !.: F E :i b bdE 4 I