HomeMy WebLinkAbout1.01 Supplemental SubmittalRMNG Cottonwood Pass Pipeline Replacement Project — Phase 1
Addendum to PDPA-02-8713
This addendum is being provided to address the comments provided in the County's NTC letter, dated March
12, 2019. The information provided below is in the same order of the issues listed in the letter:
1. Please provide a Statement of Authority for Black Hills authorizing Mark Arnold as an Agent or provide
a letter from the person authorized by a Black Hills Statement of Authority that authorizes Mark
Arnold.
Please see attached Statement of Authority.
2. Please provide authorization information for the Waldorf School Property.
Attached is copy of the Right Of Way and Easement (#215432) issued to Rocky Mountain Natural Gas,
Inc. (RM NG) in 1961 for several Government Lots, including property now owned by the Aspen Waldorf
Foundation (Waldorf) (large portion of Lot #5) (PIN: 239132200003). This document grants RMNG and its
successors and assigns, "... a right of way (ROW) and easement fifty (50) feet in width to lay, maintain,
operate, repair, alter, inspect, protect, remove and replace pipelines, valves, valve boxes, and other gas
distribution and related facilities over, through, under and across..." such lands.
Below are photos of the above -ground facility located on the property.
Photo 1. Enclosed block valve assembly
Photo 2. Block valve assembly
RMNG Cottonwood Pass Pipeline Replacement Project— Phase 1
Addendum to PDPA-02-8713
Page 1 2
Photo 3. Block valve assembly
3. Please provide a list of property owners within 200' of the route for notification.
Please see attached list with corresponding overview map attached. The parcel data utilized for
generating this list from the Garfield County GIS website was dated 2/28/19.
4. Update the application and site plan to include any new and final locations for any temporary staging
areas.
Enclosed is the updated alignment sheet #7 depicting the adjusted location of the Staging Area on Ziska
Childs' property (PIN: 239120300132). The new location of the proposed Staging Area is now situated on
the west side of RMNG's 50 -ft pipeline ROW. The size of the Staging Area remains the same (100 feet x
200 feet), as well as the uses, as outlined in the February 12, 2019 Project Overview. With the Staging
Area located immediately south of the property's northern fence line, RMNG would install a temporary
driveway approximately 40 feet in width on the western most side to allow access directly to and from
CR 102. Attached is a copy of the issued Temporary Driveway Permit from the Garfield County Road &
Bridge Department. This temporary access is being provided to address the landowner's concern of the
potential impacts the traffic could have on the cattle on the property if traveling to and from the Staging
Area via the pipeline alignment.
Also enclosed are copies of: a) the fully executed and recorded Memorandum of Surface Use Agreement
(#918107) between Ms. Childs and RMNG, and b) a letter from Ms. Childs to Garfield County Community
Development Department indicating she has directed RMNG to leave the staging area fenced and
unreclaimed for her personal use once RMNG's use of the area ceases.
5. The Land Use and Development Code requires a Sensitive Area Survey (Section 9-102 K) but specifically
exempts previously -disturbed corridors or rights-of-way and/or areas permitted by the COGCC. As
previously expressed via email, any area that is not in a previous right-of-way is required to have a
Sensitive Area Survey. Please contact Staff for further discussion on this item.
As stated in the Sensitive Area Survey Waiver Request in the submittal packet, the route of the proposed
6 -inch pipeline will be situated within the existing pipeline ROW corridor and other previously disturbed
areas. Nonetheless, desktop searches were conducted of the U.S. Fish and Wildlife Service (USFWS)
Information for Planning and Consultation (IPaC) database and the Colorado Parks and Wildlife (CPW)
database, last updated 11/12/2018, for listed species and their critical habitat and for wildlife
distributions for the entire pipeline route.
RMNG Cottonwood Pass Pipeline Replacement Project— Phase 1
Addendum to PDPA-02-8713
Page 1 3
The IPaC findings indicated there are no wetlands or other types of sensitive habitat, including critical
habitat, within or adjacent to this pipeline route. The CPW data indicated the alignment to be within
habitat ranges for the American black bear (Ursus americanus), elk (Cervus canadensis), mountain lion
(Puma concolor), and mule deer (Odocoileus hemionus). For both the elk and mule deer, portions of the
alignment occurs within their different winter range, winter concentration area, and severe winter range.
However, based on the timing of construction activities, there would be no effect to any of these species'
ranges. The alignment also occurs within the summer range for mule deer. During summer, any deer still
using lower elevations for foraging could be temporarily displaced during daytime hours due to the
presence of the construction equipment. However, with how acclimated to humans and road traffic the
local deer population appear to be, construction activities would have very minimal, indirect short term
effects. For both the black bear and the mountain lion, portions of the alignment occurs within a Human
Conflict Area. Please refer to the enclosed map depicting the ranges for these species. Additionally, the
alignment occurs within the bear's Fall Concentration area. To ensure the safety of humans and other
animals, including pets, cattle, horses, and wildlife, RMNG and their contractor will ensure to plate over
or fence the perimeter of any trench not filled in at the end of each work day.
There are three segments of the proposed pipeline that would be considered new alignment. Each
segment is discussed below:
• CDOT ROW — Approximately 3,600 feet of new pipe would be located in the actively maintained
(mowed) limits of State Highway 82 ROW. There are no wetlands or other types of sensitive habitat,
including critical habitat, within or adjacent to this segment. The highway corridor is noted as
"Highway Crossing" for elk and mule deer, however, with CDOT's 8 -ft wildlife fence installed on either
side of SH 82's ROW limits, wildlife crossings have been restricted. Nonetheless, there are two wildlife
crossing ramps along this segment to allow any wildlife trapped inside the highway corridor to use
as an escape (if they live to find and use them). Only the dirt apron of the ramps would be affected
by pipeline trenching activities. All work activities for the installation of this pipe segment will comply
with CDOT's conditions in the attached issued permit.
• CR 100 ROW — Of the 3,870 feet of pipeline replacement within CR 100 ROW, approximately 528 feet
would be located in a new location from the existing 4 -inch pipeline route. This new footage of pipe
would be located on the west side of CR 100, either in the actively maintained ROW or in the paved
lane. There are no wetlands or other types of sensitive habitat, including critical habitat, within or
adjacent to this segment. Attached is a copy of the issued R&B permit.
• Strang Ranch — Per the landowner's request, approximately 2,500 feet of newly aligned pipe would
be located on their property. Of this 2,500 feet:
- 1,262 feet would be in an actively maintained hay field and grazing pasture for horses. This field
is also utilized for sheep dog trials and parking for events;
- 461 feet would be in an internal ranch road;
- 516 feet in an old abandoned irrigation ditch, 100 feet of which is located inside an old bull pen;
- with the remaining 259 feet in the old bull pen.
Attached is a zoomed -in map of this area depicting these different segments of the new route. Also
depicted is the approximate limits of the old bull pen, based on information received from the
landowner. Maps of this area depicting the extent of the wildlife habitat ranges discussed above are
enclosed.
RMNG Cottonwood Pass Pipeline Replacement Project— Phase 1
Addendum to PDPA-02-8713
Page 1 4
HRL, on behalf of RMNG, will also be conducting Migratory Bird Treaty Act (MBTA) surveys and
monitoring within and adjacent to the pipeline ROW prior to and during construction to determine the
presence of any active nests for those native species protected by the Act. Any active nest found (with
eggs or young birds) will be protected and all construction activities will be restricted from occurring in
the area of the nest until the nest is no longer active.
6. Per Section 9-102(L)(2) please update the reclamation plan to provide for soil cover if any disturbances
or stockpiles will sit exposed for 90 days or more.
Attached is the revised reclamation plan. The revision made is found in, Section 3.3, paragraph 1, which
states: "Seeding and mulching will occur at the completion of soil and seedbed preparation. To ensure all
disturbances or stockpiles will not sit exposed for more than 90 days, pre -determined sections of ROW
will be seeded and mulched per the landowner stipulations found in Appendix B."
7. Please provide additional information detailing the process that will be used to discontinue the use of
the 4" pipeline.
The abandonment of the existing 4 -inch pipeline will follow the procedures as outlined in Black Hills
Energy's (BHE's) Operation and Maintenance (O&M) Manual, specifically Procedures # 13 and #66, which
require:
• All above -ground pipeline appurtenances to be cut off 1 foot below ground level and sealed. Ground
will be reclaimed as per the reclamation plan.
• The remaining underground pipeline will be purged either via compressed air or air mover (blower)
of any flammable substance.
• Once purging is completed, the remaining buried pipeline will be sealed, including all openings, to
make the pipeline air/gas tight. Sealing methods include but are not limited to: welding on a steel
plate, installing a 4"x12" foam plug, threading on a cap, or other Company approved methods.
By implementing BHE's O&M Procedures #13 and #66, summarized above, the existing 4 -inch natural gas
transmission pipeline would be removed from service.
8. Because of a lack of information on the second phase, the applicant will either need to update that
information to present what was included for the initial phase or provide a statement indicating that
this application is only for Phase 1.
To reiterate the language provided in the last paragraph on page 3 of the February 12, 2019 Project
Overview, the primary focus of the submitted application packet is for Phase 1 and its related work
locations and activities. Therefore, RMNG is only seeking approval for Phase 1.
Additional Items
Since the submittal of the initial application packet, additional recorded instruments pertaining to the Smiling
A, LLLP property were found. Included are copies of the following Right of Way and Easement documents:
• #579242
• #579243
LC. Garfield County
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of
& yr �,V44r.^.t/ 645 , a 14),Ied CIAdr'/.'a9 Co 1pi.ry (corporation, limited
liability company, general partnership, registered limited liability partnership, rdgistered limited liability
limited partnership, limited partnership association, government agency, trust or other), an entity other
than an Individual, capable of holding title to real property (the "Entity), and states as follows:
The name of the Entity is f7o4 k)( / 1(//24/» , L44b$ 6a_c LGG
•
and is formed under the laws of tetforta+dlu
The mailing address for the Entity is (fee tav+rWy Izd_I(0. Weilfr Sp6;I:p Co g/ j0/
The name and/or position of the person authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the Entity is / � '/ /tyn4([-
The limitations upon the authority of the person named above or holding the position described above
to bind the Entity are as follows (If no limitations, insert "None"): 1 J C_Az
Other matters concerning the manner in which the Entity deals with any Interest In real property are (if
no other matter, leave this section blank):
EXECUTED this 1 J day of PAP111 , 20 t t .
Signature;r✓L
Name (printed): 1014tA H j I
Title
(if any): y) U' --NA &VP"1
The foregoing instrument was acknowledged before me this
by IA k 154kI . on behalf of
STATE OF
.� )SS.
`�
COUNTY OF (� t& lV�
day of 1 1 201
:1►
Witness my hand and offlcla se I.
My commission expires
(u
[SEAL]
TAWNY J MOORE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184043886
MY COMMISSION EXPIRES NOVEMBER 13 2Q2:
_,a
(Notary Pubj cj
Filed for record Oct. 19, 1961 at 2:25 P.M.
Receptitn #215432 Chas S. Keegan,. Recorder
RIGHT OF WAY AND EASEMENT
fly ar Cerise apri res ti sa, Flies +aj fa
Book 337
Page 229
Grantor(s),
of Carhohdale_ Colorado . , does;
hereby convey and warrant to ROCKY MOUNTAIN NATURAL GAS COMPANY, INC., Denver, Colo-
rado, Grantee, its successors and assigns, for the sum of Ten and more
DOLLARS ($_ 10.00 ) and other good and valuable consid-
erations, receipt of which is hereby acknowledged, a right of way and easement fifty
(50) feet in width, to lay, maintain, operate, repair, alter, inspect, protect, re-
move and replace pipelines, valves, valve boxes, and other gas distribution and
related facilities over, through, under and across the following described land and
premises situated in the County of Garfield , State of Colorado towit:
Twp. 7 South, Rqe. 87 West 6th P.M.
Sec 31: Lots 8, 9, 10
Sec 32: Lots 5, 13
The center line of said right of way and easement shall extend through and across the
above described land and premises as sham on a plat or map of said line to be record-
ed in the office of the County Clerk and Recorder.
TO HAVE AND TO HOLD the same unto the said Rocky Mountain Natural Gas Company,
Inc. its successors and assigns, so long as such facilities or any of them above re-
ferred to are owned, operated or maintained, with the right of ingress and egresa to
and from said right of way to maintain, operate, repair, alter, inspect, protect, re-
move, and replace the same.
The Grantor(s) shall have the use of premises except for any use which conflicts
with the purposes for which this right of way and easement is granted.
The Grantee hereby agrees to pay for damages to crops or fences resulting from
the laying, erecting, maintaining, operating, or removing of said pipe lines and re-
lated facilities; said damages, if not mutually agreed upon shall be ascertained by
three disinterested persons, one thereof to be appointed by the Grantor(s), one by
the Grantee, and the third by the two so appointed and the written award of any two
such persons shall be final and conclusive.
The Grantor(s) shall not build or construct nor permit to be built or constructed
any building or other improvement over or across said right of way. This easement and
right of way shall be a covenant running with the land and shall be binding upon and
inure to the benefit of the heirs, successors and assigns of the Grantor and the suc-
cessors and assigns of the Grantee.
The terms and provisions herein contained constitute the entire agreement between
the parties and shall supersede all previous communications, representations, or
agreements, whether verbal or written, between the parties hereto with respect to the
subject matter hereof.
WITNESS the hand of said Grantor(s) this 25th day of August ,1961 .
Us ar Cerise
Wilma Cerise
State of Colorado )
) ss.
County of GARFIELD )
,,,o'Th !pro oing instrument was acknowledged before me by Osbar Cerise and
••.)iii:ma Cezi a his wife this 25th day of August , 19 61.
icy Commission Pwires July 12, 1964
• £O r-:;., i1_,14 -
Notary Public
; o e' e1Uit e NEND D� IGHT-OF-WAY gt EASEMENT
Reco7 deet... a7 .....� 1�. kiVI 1 ?'977 -._.
Reception O. 269894 Ulla Stephens, Reeorder
BUur479 PAGE 875
Oscar Cerise & Wilma Cerise, his wife Grantor(s) of Carbondale, Colorado
does (do) hereby sell and convey to ROCKY MOUNTAIN NATURAL GAS COMPANY, INC., Denver, Colorado,
Grantee, for the sum of Ten and more ($10.00 and more) Dollars, and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged, a right-of-way and
easement fifty (50) feet in width for the purposes of laying, con tructi_ng,.. mai.n.tai,ni ng,
operating, repairing, altering, replacing and removing pipelines with valves, meters,
fittings, appliances, and related facilities) for the transportation of gas over, through,
under and across the following described land situate in the County of Garfield, State of
Colorado, to wit:
T7S, R87W., of the 6th P.M. Section 31: Lot 8 and Section 32: Lot 5.
Said right-of-way is presently established by a 6" natural gas pipeline
as shown by traverse on a map filed for record with the Garfield County
Clerk & Recorder's office on May 4, 1962, 10:00 a.m. with reception
#217443 and sheet no. 508, and conveyed by easement. recorded October 19,
1961 at 2:25 p.m. in the Garfield County Clerk & Recorder's office,
reception #215432, Book 337, page 229; Further this amended easement
reflects the construction of an additional four inch (4") natural gas
transmission line within the existing easement as established and shown
on the above mentioned map, reception #217443, from survey station 266+15.0
to sta. 289+97.0, a total distance of 2382.0 feet.
There is included in this grant the right, from time to time, to lay, construct, maintain,
operate, alter, repair, remove, change the size of, and replace one or more additional lines
of pipe; but for any such additional lines Grantee shall pay or tender to Gran r, or to
Grantor's credit in the /s/- /u.� ��,,� Bank at G-(e.kwco
(which Bank and its successor shall continue as the depository regardless of c ang&s iry tie
ownership of said land), a sum equivalent to $1.00 per lineal rod of such additional line,
or such proportionate part thereof as Grantor's(s') interest in said lands bears to the
entire fee, within ninety (90) days subsequent to the completion of the construction of such
additional line.
Grantee shall have all other rights and benefits necessary or convenient for the full enjoyment
and use of the rights herein granted, including, but without limiting the same, the free and
full right of ingress and egress over and across said lands and other lands of the Grantor(s)
to and from said right-of-way and easement.
Grantor (s) hereby warrants and agrees to defend the title to the above described premises.
Grantor(s) shall have the use of such right-of-way and easement except for any use which
conflicts with the purposes for which this right-of-way and easement is granted; provided,
however, Grantor(s) shall not build or construct nor permit to be built or constructed any
building or other improvement over or across said right-of-way and easement.
Grantee agrees to bury all pipelines so that they will not interfere with the cultivation of
the land, and also to pay for any damage to fences, improvements, and growing crops which
may arise from its operations hereunder; said damage, if not mutually agreed upon, to be
ascertained by three disinterested persons; one to be appointed by the Grantor(s), one by
Grantee, and the third by the two persons aforesaid, and the written award of said three
persons, or any two of them, shall be final and conclusive.
This grant covers all of the agreements between the parties and no representations or
statements, verbal or written, have been made modifying, adding to, or changing the terms
of this agreement.
This easement and right-of-way and all provisions hereof shall be applicable to and
binding upon the parties and their respective heirs, devisees, successors and assigns.
IN WITNESS WHEREOF, Grantor(s) has (have) executed this Right-of-way and Easement this
,147 day of. C"...)Gtc,1,-i- , 1975.
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7-7 STATE - F��.0 64.D.CC r ) 9 V i : I
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COUNTY OF A/GA
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The foregoing instrument 1CCpJ„ ds c cn wedged before me by CXR►- Wpm e_ C' -;s
this ,N J6 Cat of] '0,1-0_/,<,,- , 1g75.
�2
My commission expires: '-'
- . - --
ig,
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C/' -�- -
Oscar Cerise
Wilma Cerise
1
Landowners within 200 feet
PARCELNB
OWNER
CAREOFNAME
OWNERADDRE
1
239131200009
CATHERINE STORE VENTURES, LLC
PO BOX 1600 CARBONDALE, CO 81623
2
239131217048
ASPEN VALLEY POLO CLUB LLC
715 W MAIN STREET, SUITE 201 ASPEN, CO 81611
3
239131217049
ASPEN EQUESTRIAN ESTATES HOMEOWNERS ASSOC INC
ASPEN EQUESTRIAN ESTATES
PO BOX 4788 ASPEN, CO 81612
4
239131219001
JRP, LLC
485 COUNTY ROAD 112 CARBONDALE, CO 81623
5
239131219002
JRP LLC
485 COUNTY ROAD 112 CARBONDALE, CO 81623
6
239336100001
RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION, INC
14913 HIGHWAY 82 CARBONDALE, CO 81623
7
239131100032
BCR FAMILY LLC
3400 N ADAMS ROAD OAK BROOK, IL 60521
8
239131200004
FUNSTEN, JAMES J
3627 COUNTY ROAD 100 CARBONDALE, CO 81623
9
239131200021
TCH INVESTMENTS LLC
PO BOX 1472 CARBONDALE, CO 81623
10
239131200020
MAISON, JOSEPH & NANCY FAMILY TRUST
PO BOX 1531 CARBONDALE, CO 81623
11
239131200007
PEAK VIEW PARTNERS LLC
1111 VILLAGE ROAD CARBONDALE, CO 81623
12
239130300014
WHITE, ANNA M
1290 FOX RUN LANE ELKINS, AR 72727
13
239336100005
RANCH AT ROARING FORK HOMEOWNERS ASSOCIATION INC
14913 HWY 82 CARBONDALE, CO 81623
14
239130300011
HUGHES, LAEL E & EDDIE V
3844 COUNTY ROAD 100 CARBONDALE, CO 81623-8808
15
239325400285
BLUE, JEAN M REVOCABLE TRUST
404 COUNTY ROAD 104 CARBONDALE, CO 81623
16
239130300022
NIEBLA MARTINEZ, EMMA 0 & ISREAL
0267 DEER RUN CARBONDALE, CO 81623
17
239130300009
HUGHES, LAEL E & EDDIE V
3844 COUNTY ROAD 100 CARBONDALE, CO 81623-8808
18
239130300021
ARAUJO, JAIME
1469 SNOWMASS CREEK ROAD SNOWMASS, CO 81654
19
239130300020
JAMES, MARY F
3973 COUNTY ROAD 100 CARBONDALE, CO 81623
20
239130300019
JAMES, MARY F
3973 COUNTY ROAD 100 CARBONDALE, CO 81623
21
239130400016
SAMUELSON, JAROD & SHARON
4208 COUNTY ROAD 100 CARBONDALE, CO 81623
22
239130100027
OCHKO, STEVEN M & KIMBERLY D
4362 COUNTY ROAD 100 CARBONDALE, CO 81623-8809
23
239130100026
GREEN, RICHARD L & BETTY R
4368 COUNTY ROAD 100 CARBONDALE, CO 81623
24
239130100210
TORNARE, FELIX & SARAH
5000 COUNTY ROAD 100 CARBONDALE, CO 81623
25
239119400155
SMILING A LLLP
5372 COUNTY ROAD 100 CARBONDALE, CO 81623
26
239117303009
LAUGHING STOCK LLLP
393 COUNTY ROAD 102 CARBONDALE, CO 81623
27
239117303008
LAUGHING STOCK LLLP
393 COUNTY ROAD 102 CARBONDALE, CO 81623
28
239117303007
LAUGHING STOCK LLLP
393 COUNTY ROAD 102 CARBONDALE, CO 81623
29
239117101007
EDWARDS, BRIAN J & LYNDA J
131 BUCK POINT ROAD CARBONDALE, CO 81623
30
239117200178
HILL, THEODORA REVOCABLE TRUST
1204 COUNTY ROAD 170 CARBONDALE, CO 81623
31
239120300209
BRIGHT, MARY J & GREGORY S
5616 COUNTY ROAD 100 CARBONDALE, CO 81623
32
239120300055
MISSOURI HEIGHTS COMMUNITY LEAGUE
ANITA L WITT
PO BOX 96 CARBONDALE, CO 81623
33
239120300132
CHILDS, ZISKA
284 COUNTY ROAD 102 CARBONDALE , CO 81623
34
239117201009
CERNONOK, BROOKE SERSON & DOUG
PO BOX 2766 BASALT, CO 81621
35
239117101010
THIEL, DAVID T & CAROL S
1233 PANORAMA DRIVE CARBONDALE, CO 81623
36
239117101008
EARTHMAN, CYNTHIA W
180 BUCKPOINT ROAD CARBONDALE, CO 81623
37
239130401019
LIONS RIDGE HOMEOWNERS ASSOCIATION
450 LIONS RIDGE ROAD CARBONDALE, CO 81623-8804
38
239130300013
HOLGUIN, MARCELINO
3655 COUNTY ROAD 100 CARBONDALE, CO 81623
39
239130300010
HUGHES, LAEL & EDDIE
3844 COUNTY ROAD 100 CARBONDALE, CO 81623-8808
40
239130401019
LIONS RIDGE HOMEOWNERS ASSOCIATION
450 LIONS RIDGE ROAD CARBONDALE, CO 81623-8804
41
239130300012
TACKER, KENNETH C
3669 COUNTY ROAD 100 CARBONDALE, CO 81623
42
239130300037
JAMES, RICHARD N & MARY F
3973 COUNTY ROAD 100 CARBONDALE, CO 81623
43
239130300034
HUGHES, LAEL E & EDDIE V
3844 COUNTY ROAD 100 CARBONDALE, CO 81623-8808
44
239130300035
JAMES, RICHARD NELSON & MARY F
3973 COUNTY ROAD 100 CARBONDALE, CO 81623
45
239129205029
STIRLING RANCH PROPERTY OWNERS ASSOCIATION, INC
704 SKIPPER DRIVE CARBONDALE, CO 81623-8800
46
239117303010
LAUGHING STOCK LLLP
393 COUNTY ROAD 102 CARBONDALE, CO 81623
47
239117102003
ZAMANSKY, JAKE A & DAKIDES, TARA A
1927 PANORAMA DRIVE CARBONDALE, CO 81623
Landowners within 200 feet
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DISCLAIMER: This parcel map is for reference only and no = _
Mapped Features
liability is assumed for any inaccuracies, incorrect data or
variations with an actual survey.
6" Transmission Line
200 -ft Buffer
Black INilsEnergy
Author.: A. Asay
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Phase I Intersecting Parcels
Parcels
COMPLIANCE ReV1Sion o
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NOTES:
REFERENCE DRAWINGS
REVISIONS
APPROVALS
p
NW
S
�sckl�SFi Vy ENGINEERING M II[EST
SIGNATURE
DATE1FP
Fenc_
Farm Tap 0 Bore Point
Gatee
Telephone Pole Bore
DRAWN/DESIGNED
DMM
1/20/19
/�
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EMK
1 2019
COTTONWOOD 2019
ALIGNMENT SHEETS
MAIN 1 SHEET 7
SHEET 7 OF 11
Ditch
_ Reg Station = 6" Pipeline
DAs
1/20/19
FA
Mailbox
Power Line
Storage facility
CLIENT APPROVAL
KM
Initials
Date
Other
== Telephone Box Parcel
Transmission Line
Other Existing 4"
SIGNATURE
DATE
A
Initials
Date
OPERATIONS
Initials
Date
Drawing No.
Title
�
,/ \
ISSUED FOR REVIEW
DMM
1/20/19
DMM
1/20/19
Initials
Date
ENGINEERING
Initials
Date
SCALE:
1:1000
DRAWING NO.
8673-01-0007
A
Distribution Line
- - - 2" PE 50' ROW 30' ROW
REV
DESCRIPTION
BY
DATE
HK B
CHK DATE
' PPB
APP DATE
DRAWING NO.
TITLE
PROJ. MGR.
Initials
Date
Garfield County
Application for Driveway Permit
Person Obtaining Permit: Rocky Mountain Natural Gas Permit Number: GRB19-D-4
Application Date: 4/1/2019 Termination Date: 11/30/2019
County Road Number: 102 District: Glenwood Inspector: Harry Shiles
hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es)
on the right-of-way off of County Road, 102, 220 feet +1- East of 284 CR 102, located on the South side of road for the
purpose of obtaining access to property.
Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the
proposed installation showing all the necessary specification detail including:
1. Frontage of lot along road.
2. Distance from centerline of road to property line.
3. Number of driveways requested
4. Width of proposed driveways and angle of approach.
5. Distance from driveway to road intersection, if any.
6. Size and shape of area separating driveways if more than one approach.
7. Setback distance of building(s) and other structure improvements.
8. No unloading of equipment on county road, any damage caused to county road will be repaired at subdivision
expense.
9. Responsible for two years from the date of completion.
General Provisions
1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by
him for the bona fide purpose of securing access 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 labor and materials, perform all work, and pay all costs in connection with the
construction of the driveway(s). All work shall be completed within ninety (90) days of the permit date.
3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their
representative and all materials used shall be of satisfactory quality and subject to inspection and approval of the
Board of County Commissioners or their representative.
4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board
of County Commissioners and their duly appointed agents and employee shall be held harmless against any action
for personal injury or property damage sustained by any reason of the exercise of the Permit.
5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of
the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal
operations.
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 fence is cut to prevent any slacking of the remaining fence and all posts and wire
removed shall be turned over to the District Road Supervisor of the Board of County Commissioners.
7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without
written permission of the Board of County Commissioners.
8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County
Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and
incorporated herein as conditions hereof.
9) Final inspection of driveway will be required upon completion and must be approved by person issuing
permit or representative of person issuing permit.
The inspection and sign off must be done prior to any CO from the Building and Planning
Department being issued.
Special Conditions:
1. Driveway Width- 36ft
2. Culvert required? True Size: 12 inch by 40ft
3. Asphalt or concrete pad required? False Size of pad: 40ft wide x loft long x 4in thick
4. Gravel portion required? True Length: 40ft
5. Trees, brush and/or fence need to be removed for visibility? False
6. Distance and Direction:N/A
7. Certified Traffic Control Required? False
8. Work zone signs required? True
9. Stop sign required at entrance to County Road.
10. Driveway must be removed by November 30, 2019.
In signing this application and upon receiving authorization and permission to install the driveway approach (es)
described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions
and agrees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved
by the Board of County Commissioners.
Signed:
Address:
Telephone Number:
Permit granted 4/1/2019, subject to the provisions, specifications and conditions stipulated herein.
For Board of County Commissioners' of Garfield County, Colorado:
riA /L—
Representative of Garfield County Road and Bridge Signature
Specifications
1. A driveway approach is understood to be that portion of the county road right -of way between the
pavement edge and the property line that is designed and used for the interchange of traffic
between the roadway and abutting property.
2. At any intersection, a driveway shall be restricted for a sufficient distance from the intersection to
preserve the normal and safe movement of traffic. (It is recommended for rural residence
entrances that a minimum intersection clearance of 50 feet be provided and for rural commercial
entrances a minimum of 100 feet be provided.)
3. All entrances and exits shall be so located and constructed that vehicles approaching or using
them will be able to obtain adequate sight distance in both directions along the county road in
order to maneuver safely and without interfering with county road traffic.
4. The Applicant shall not be permitted to erect any sign or display material, either fixed or
movable, on or extending over any portion of the county road right-of-way.
5. Generally, no more than one approach shall be allowed any parcel or property the frontage of
which is less than one hundred (100) feet. Additional entrances or exits for parcels having a
frontage in excess of one hundred 100) feet shall be permitted only after showing of actual
convenience and necessity.
6. All driveways shall be so located that the flared portion adjacent to the traveled way will not
encroach upon adjoining property.
7. No commercial driveway shall have a width greater than thirty (30) feet measured at right angles
to the centerline of the driveway except as increased by permissible radii. No noncommercial
driveway shall have a width greater than twenty (20) feet measured at right angles to the
centerline of the driveway, except as increased by permissible radii.
8. The axis of an approach to the road may be at a right angle to the centerline of the county road
and of any angle between ninety (90) degrees and sixty (60) degrees but shall not be less than
sixty (60) degrees. Adjustment will be made according to the type of traffic to be served and other
physical conditions.
9. The construction of parking or servicing areas on the county road right-of-way is specifically
prohibited. Commercial establishments for customer vehicles should provide off -the -road parking
facilities.
10. The grade of entrance and exit shall slope downward and away from the road surface at the same
rate as the normal shoulder slope and for a distance equal to the width of the shoulder but in no
case less than twenty (20) feet from the pavement edge. Approach grades are restricted to not
more than ten percent (10%).
11 All driveways and approaches shall be so constructed that they shall not interfere with the
drainage system of the street or county road. The Applicant will be required to provide, at his
own expense, drainage structures at entrances and exits, which will become an integral part of the
existing drainage system. The Board of County Commissioners or their representative, prior to
installation, must approve the dimensions and types of all drainage structures.
Note: This permit shall be made available at the site where and when work is being done. A work
sketch or drawing of the proposed driveway(s) must accompany application. No permit will be
issued without drawing, blueprint, or sketch.
■ill �� �fil �SILGY�,N�■�IaA�� a NO 11111
Reception#: 918107
03113/2019 10:16:04 RM Jean Alberico
1 of 2 Rec Fee:$1B.00 Doc Fee:0.00 GARFIELD COUNTY CO
MEMORANDUM OF SURFACE USE AGREEMENT
WHEREAS, on the P3 day of ^--s�tk, 201\the undersigned have entered into that certain
Surface Use Agreement ("Agreement") for Rocky Mountain Natural Gas, LLC (RMNG) to conduct
pipeline replacement activities within the following described lands:
284 County Road 102, Carbondale, CO 81623 in Garfield County, Colorado
Parcel Identification Number (PIN): 239120300132
Section 20, Township 7 South, Range 87 West, 6th P.M.
Said Agreement contains all required provisions and agreements as to RMNG's activities and use
of the above-described lands for a staging area and the installation of a 6 -inch natural gas
transmission pipeline and associated appurtenances on or under the above-described lands.
The Surface Owner signed below acknowledges RMNG's right -of way and easement, per
instrument #243294, and the fact that RMNG will sign and submit any required Garfield County
permits for the above-mentioned activities on the above-described lands, including but not
Limited to, a Land Use Change Permit.
This Memorandum is being executed by the undersigned for the primary purpose of recording
and thus advising all interested parties of the existence and validity of such Agreement, the exact
terms and conditions of which are more fully stated in the unrecorded instrument on file with
the respective parties. This Memorandum shall constitute notice to all parties of the existence of
this Agreement as though it was described in total detail herein.
IN WITNESS WHEREOF, said parties have executed this Memorandum as of the date first
hereinabove written.
Surface Owner:
Ziska Childs
Operator:
Rocky Mountain Natural Gas, LLC
�s 1� LA -A (Name
(Name)
A/t/(1/(
irytct Pfrnol
(Title) s¢- memaio,
VIII rdivarav l; kid 111111
Reception#: 928107
03/13/2019 10:16:04 RM Jean Alberico
2 of 2 Rec Fee:$1e.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
ss
COUNTY OF GARFIELD
ACKNOWLEDGMENTS
On this 4 l day of %llarLk , 2012 before me, the undersigned, a Notary Public in and for
said county and state, personally appeared ZiSK� C— IctS , known
to me to be the person(s) whose name(s) is/are affixed to the foregoing instrument and
acknowledged the instrument to be his/her/their voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year
last above written.
l 0717/ o .o
My Commission Expires
SEAN CONNORS
Notary Public - Slate of Colorado
Notary ID 20164039616
My Commission Expires Oct 17, 2020
STATE OF COLORADO )
COUNTY OF GARFIELD
) ss
)
Notary Public
On this i_3 day of /Vj-r %, 201/before me, a notary public in and for said county and state,
personally came the above-named, //cf r/ Arvr„0 , as
SP✓1'9.1 / x,1l`L'n/L of Rocky Mountain Natural Gas, LLC, known to me to be the person
whose name is affixed to the above instrument and acknowledged the instrument to be their
voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year
last above written.
My Com fission Expires
RUTH A. KLOCK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20194008257
My Commission Expires March 4, 2023
gzz a, 4,„G['
Notary Public
Ziska Childs
0284 CR 102
Carbondale, CO 81623
ziska@ ziskachilds.com
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE:
March 8, 2019
Staging Area on Childs Property
To Whom It May Concern:
As the landowner of 0284 CR 102, Carbondale CO 81623, PIN: 239120300132, I am authorizing
Rocky Mountain Natural Gas, LLC (RMNG) and their contractor to locate a 100 -ft by 200 -ft Staging
Area on my property adjacent to their 50 -ft pipeline ROW that extends through my property.
This letter is my formal notification to Garfield County Community Development Department of
my intent to use the Staging Area for my own personal uses once RMNG's need of the area ceases
at the end of this construction project. Therefore, I have informed RMNG to leave the area fenced
and not reclaimed on my property.
If the County has any questions concerning this matter, I can be contacted at the email provided
above.
Sincerely,
Ziska Childs
STATE OF COLORADO
County of G q t4 i d.
fir looping Mum* ass a skroa iipd Ianwean '>/gii PAWN t SKuk C i d 5.
10/17/2010 Osraission Woos
WWI PON
SEAN
Notary Public
Notary ID
My Commission
CONNORS
- State of Colorado
20164039616
Expires Oct -17, 2020
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Notes/Comments
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Revision: 0
1 1 1 1 1' ��J
V
,
SOLUTIONS
Date: 3/15/2019
COLORADO DEPARTMENT OF TRANSPORTATION
UTILITY PERMIT
PERMITTEE
Name: Rocky Mountain Natural Gas
APPLICANT
Name: HRL Compliance Solutions, Inc.
DEPARTMENT USE ONLY
Date issued: 03/12/2019
REP: Donald Green
REP: Anna Smith
Permit # 3190073
Milepost(s)
Address:
721 Mountain View Road
Rapid City, South Dakota 57702
Address:
2385 F 1/2 Rd.
Grand Junction, Colorado 81505
S.H.# 082
14.800
Region: 3
15.500
Email: donald.green@blackhillscorp.com
Email: asmith@hrlcomp.com
S.H. Section : A
Telephone: (970) 618-1521
Telephone: (970) 623-1242
Patrol: 2K16 Jeff Lewis
NOTICE TO PERMITTEE: For underground facility location information, contact the Utility Notification Center of Colorado (UNCC). Pursuant to 9-1.5-103 C.R.S. you shall
not make or begin excavation without first notifying the UNCC and if necessary, then notifying the tier two members having underground facilities in the area of such
excavation. Notification shall also be given to the CDOT regional permitting office, or as otherwise directed by this Permit's Special Provisions. Notice of the
commencement, extent and duration of the excavation work shall be given at least two business days prior thereto, not including the day of actual notice. The UNCC
May Wailed at1-800-922-1987.'GbUTshall be called at 9704834534 for CDOT owned Utilities.
ACTIVITY DESCRIPTION (Furnish
(i} ° Permittee)
PURPOSE ® Installation ❑ Adjustment ❑ Removal ❑ Relocation ❑ SUE/Other ❑ Maintenance of Existing Facility
FACILITY (Type, size, class of transmittant, design pressure or etc.) 6" Natural Gas Steel pipeline Class X-52, 1000 psi max
DESCRIPTION OF WORK: Trench and Bore 3,600' of new pipeline in ROW near deer fence.
NATURE OF INSTALLATION: ® Longitudinal 0 Transverse (Crossing) ® Buried 0 Aerial/Ground-mounted
LOCATION: Hwy 82 and Catherine Store Road to the west, 3600'
County: Garfield County City/Town:
ADDITIONAL REMARKS: Also construction activities in CDOT Permanent easement on Blue Property North pi Hwy 82 behind deer and ROW fence.
:('IAi. PRO VISI ONS {completed by the Department} The Special Provisions are terms and conditions of this permit.
Any work shall only be in accordance with the approved plans and special provisions as set forth in this permit and its attachments.
The CDOT inspector is Tim Holbrook Telephone: (970) 384-3366
Inspector Email: timothy.holbrook@state.co.us
Work is to be completed on or before: 03/11/2020 or within days, (as applicable)
Work time restrictions: Daylight hours only. No weekends, holidays, or during special events..
Designated minimum cover is 48", 60" see 4901 terms Designated overhead clearance is N/A
(ALSO SEE ATTACHED STANDARD PROVISIONS, AND ADDITIONAL SPECIAL PROVISIONS), (TRAFFIC CONTROL MUST CONFORM TO THE MUTCD)
Other: Field Inspector shall be notified 48 hours prior to beginning work or permit is void. Contact Field Inspector for final inspection and sign off.
Permittee is prohibited from commencing any work within highway ROW prior to issuance of a fully endorsed and validated permit. Permit, plan
exhibit, insurance certificate(s), and traffic control plan must be available on site during work. High visibility vests are required at all times during
working hours.
1. Your request to use and/or occupy state highway system rights of way as described above is granted subject to the terms and conditions of this permit, including
the Standard and Special Provisions as shown on the permit and all attachments hereto.
2. To the extent authorized bylaw, Permittee hereby assumes, releases and agrees to indemnify, defend, protect and save the State of Colorado harmless from and
against any loss and/or damages to the property of the State of Colorado, third parties or: the Permittee's facilities, and all loss and/or damage on account of injury
to or death of any person whomsoever, arising at any time, caused by or growing out of the occupation of Colorado State Highway rights of way by Permittee "s
fadilties or any part thereof, Including but nut limited to installation, adjustment, relocation, maintenance or operation, or removal of existing facilities; unless such
Ions and/or damage arises from the sole negligence or willful conduct of the State of Colorado or Its employees or°agents.
3. Failure by the Permittee to comply with any of the included terms or conditions may subject this permit to suspension or cancellation, at the discretion of the
Department of Transportation.
4. THIS PERMIT IS NOT VALID UNTIL FULLY ENDORSED BY ALL PARTIES, WITH DATE OF ISSUE AFFIXED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT, A
FULLY EXECUTED COPY OF THIS PERMIT MUST BE ON FILE AT THE TRANSPORTATION REGION OFFICE.
5. In accepting this permit the undersigned, representing the Permittee, verifies that he or she has the authority to sign for and bind the Permittee, and that he or she
has read, understands and accepts all the included conditions.
CDOT Signature: Date
Permittee Signature Date
/ Print Name/Titleea
.9ow4-t..ki6.(ec Allilfi14A Aanlsf fJ o U / f4Nde
Distribution: Region File (Original) Mice Landscaping Supvr
Permittee/Applicant Inspector CDOT Form # 0333 01/09
Mtce Patrol Supvr.
COLORADO DEPARTMENT OF TRANSPORTATION
Chief Engineer, Regional Transportation Director or Designee
3-/add/9
Previous versions are obsolete and should not be used.
Garfield County
Construction Permit for Installation of Utilities iii Public Rittht-of-Ways
Applicant Name: Rocky Mountain Natural Gas
Address: 96 Darrow Street
Type of Installation: Open Road Cut/ Road Bore, Utilty Trench, ROW
Purpose: Install Gas Line - Trench 2,040' & Bore 1,830'
Length of Installation: 3870'
County Road: 100 Nearest Intersection or Address: Lions Ridge Road
Distance from Intersection or Address:
Direction from Intersection or Address: South / West
Side of Road: North/South/East
Estimated Construction Schedule: Start: 4/1/2019
Permit Number: GRB19-U-11
Finish: 11/1/2019
Request for permission to make the above installation at the location specified is hereby granted, subject to the
following terms, conditions and special provisions:
1. It is understood that the Applicant will cause the installation to be made at no expense whatsoever to
Garfield County and that the Applicant will own and maintain the installation upon completion of work
2. The Applicant shall maintain the installation at all times and agrees to hold harmless the County of Garfield
and its representatives, agents or employees from any and all liability, loss and damage which may arise out
of or be connected with the installation, maintenance, alteration, removal or presence of the installation
above described or any work or facility connected therewith, within the area covered by this permit.
3. The entire installation repairs and clean up shall be completed prior to: 11/1/2019.
4. The traveling public shall be protected during the installation with proper warning signs or signals both day
and night, and warning signs and signals shall be installed by and at the expense of the Applicant and in
accordance with directions given by the Board of County Commissioners or their representative. No open
trench shall be permitted in the traveled roadway after dark, unless otherwise specified in the Special
Provisions below.
5. If the Board of County Commissioners so requires, Applicant shall mark the installation at the designated
locations in a manner acceptable to the Board of County Commissioners or their Representative.
6. In the event any changes are made to this county road in the future that would necessitate removal for
relocation of this installation, Applicant will do so promptly at its own expense upon written request from
the Board of County Commissioners. The County will not be responsible for any damage that may result in
the maintenance of the county road to installation placed inside Public Right -of -Ways Limits.
7. Applicant will be required to shut off lines and remove all combustible materials from the right-of-way
when requested to do so by The Board of County Commissioners because of necessary road construction or
maintenance operations.
8. Where the installation crosses the roadway, it shall be encased in pipe (No) of larger diameter and the
crossing shall be as nearly perpendicular to the roadway as physically possible. This installation shall be
installed by the method of boring or jacking through beneath the road surface: however, open cut shall be
allowed up to the edge of the surfaced portion of the county road. In this case, the Road bore pit is: 0 No
water shall be used in the boring, and no tunneling shall be permitted. If boring is not successful then
arrangements should be established with the County for possible excavation methods.
9. Where the installation crosses any ditches, canals or water carrying structures, wherever possible it shall be
pushed through and beneath a pipe of larger diameter thereby eliminating the necessity of trenching with a
minimum bury of 4 foot. In no case shall the flow of water ever be impaired or interrupted, without
arrangements having been made with the effected water company or ditch association.
10. The installation must be accomplished in accordance with accepted good practices and conform to the
recommendations of the National Electric Safety Code and to such Colorado statues as are applicable. The
above-described Open Road Cut/ Road Bore, Utilty Trench, ROW shall be installed beneath the surface
of the right-of-way at a minimum depth 42" - 60", and the disturbed portion of the right-of-way will be
restored to its original condition. Any backfilling in the roadway shall be made in six-inch lifts and
mechanically tamped and packed and the last twelve inches of backfill shall be of stable granular material
such as crushed rock or gravel.
11. Applicant shall be responsible for any repairs to roadway or right-of-way necessitated by the installation.
12. Applicant's installation shall be made at a location mutually agreed upon by Applicant and the Board of
Commissioners or their representative, and in accordance with details and specifications shown on the
construction plans, a copy of which shall be furnished to Garfield County.
13. Applicant shall inform the Board of County Commissioners of construction methods, equipment and
operational procedures that will be utilized and shall obtain the occurrence of the Board of County
Commissioners.
14. Applicant shall advise the Board of County Commissioners or their representatives at least 48 hours in
advance of the time at which work on the installation will commence.
15. Any materials from excavation as the result of the installation will be removed from the road way surface
each day.
16. Under no condition is an asphalt surface to be cut unless otherwise specified in the attached Special
Provisions
17. Where reference is made herein to the representative of the Board of County Commissioners, such
representative shall be the District Road Supervisor, unless otherwise specified in writing by the Board of
County Commissioners.
18. This permit shall be valid during the estimated construction schedule set forth above. Neither the Owner,
nor the Applicant shall conduct any work pursuant to this permit at anytime other than that set forth in the
estimated construction schedule.
IN THE ROADWAY BETWEEN THE DITCHES 95% COMPACTION, BETWEEN DITCH AND FENCE LINE 85%
COMPACTION. TRENCHLINE INSIDE ROADWAY, LAST LIFT NEEDS TO BE 2 FT. OF CLASS 6 ROADBASE.
APPLICANT WILL BE REQUIRED TO MAINTAIN THE AREA WHEREIN UTILITY INSTALLATION IS MADE
DURING CONSTRUCTION AND TWO YEARS AFTER COMPLETION DATE. IT WILL BE THE APPLICANT'S
RESPONSIBILITY, WHEN REQUESTED, TO SUPPLY AT THE APPLICANT'S EXPENSE, COMPACTION TESTS
AND RESULTS OF TESTS FORM A LICENSED PROFESSIONAL ENGINEER.
Special Provisions:
1. For road bore, road bore will be attempted 3 times before and open road cut will be permitted or
boring tool is stuck. Permit holder will contact person issuing permit prior to cutting road surface.
2. Installations within in the County Right -of -Way over 1000ft in length require a survey and BOCC
Approval and as -built upon completion.
3. Type of Backfill: Roadbase / Excavated Material. If back fill is road base or excavated material,
backfill will be compacted to 95% with water to include shoulders, drainage ditches and pits used for
road bore. All rocks 10 inches or larger will be removed from site. No wet material removed from
excavation will be used for backfill.
4. Asphalt Replacement: True. If true, asphalt will be 4 inches of hot compacted asphalt. Asphalt will
be saw -cut 2 feet larger than excavation area. Replacement of asphalt will be 1 lane minimum width
the size of the cut or full road width if the cut crosses the centerline of road.
5. Replacement of Magnesium Chloride Surface: False. If true, person issuing permit will give
specification on replacement. The length of the road surface damaged by utility installation will
require replacement. This will include the hauling of equipment and materials.
6. Certified Traffic Required? True
7. Work Zone Signs Required? True
8. Trenches must be backfilled with class 6 road base at 95-98% compaction.
9. Asphalt must be cut 1 foot wider then trench on both sides.
10. Replacement Asphalt must be a minimum of 3 inches thick.
11. Ditch lines must be reestablished if disturbed.
12. Where applicable, shoulder requires new road base.
13. All Land Use Permits through Community Development must be completed prior to any work
beginning.
Representative of the iloarti ( nu 7ty Commissioners of [i::rfield County, Colorado
In accepting this permit, the undersigned, representing the Applicant, verifies that he has read and understands all of
the foregoing provisions: that he has the authority to sign for and bid the Applicant: and that by virtue of his
signature, the Applicant, is bound by all the conditions set forth herein.
THE COUNTY DOES NOT VERIFY THAT THERE IS AN EXISTING COUNTY OR PUBLIC RIGHT-
OF-WAY WITHIN TO PLACE PROPOSED UTILITY. THE APPLICANT IS RESPONSIBLE FOR
VERIFYING THE EXITENCE OF ALL NECESSARY RIGHT-OF-WAY FOR THE PLACEMENT OF
THE UTILITY. ,, ]
Utility Permit Applicant 4�'
Rocky Mountain Natural Gas
Garfield County Road and Bridge Department
Special Provisions for Excavation of Road Surface and Installation
Utility Permit Number: GRB19-U-11
Inspector: Harry Shiles
Applicant: Rocky Mountain Natural
Gas
Sub -Contractor: TBD
1. Any oversized material (larger than 10 inches in diameter) that is not utilized in backfill will be removed
from site by Applicant. Further, Applicant will remove any frozen material from site.
2. When a paved or chipped surface is cut, it is to be replaced with a minimum of three (3) inch hot mix
asphalt patch. A temporary patch with cold mix asphalt would be allowed, which would be replaced with
hot mix asphalt when the weather or availability of materials allows the work to be completed. An asphalt
or chipped surface cut would require the road to be straight cut and squared by means of a pavement cutter
or saw. A chipped surface cut will require a seal coat of the patch that will be full width or half width of
roadway when trenches run with the road. For trenches across the road, the edges of the seal coat will
overlap the existing edge. All Seal coats will overlap edges by a two -foot minimum to insure adequate seal
over the undisturbed portion of the roadway in the vicinity of the excavation. Asphalt hot mix or cold
patches will be completed in a maximum of five working days, weather permitting.
3. When possible, all installations should avoid the top edge of a fill slope.
4. Installation in drainages subject to flash flooding will have a minimum bury of four feet deep that normal
flow line at nearest abutment, wing wall, or culvert.
5. Installations at culvert crossings will be buried beneath the culvert with a minimum separation of 18 inches
between installation and the bottom of the culvert.
6. Open trenches adjacent to the traveled roadway shall be backfilled daily to within 100 feet of the working
area of the trench, and shall be barricaded with warning devices after dark. A 3 foot high orange plastic
fence will be installed daily to keep livestock out of the open trench after hours.
7. In areas being disturbed where vegetation is established, reseeding with a mixture either by broadcasting,
drilling, and mulching with seed mixtures suitable to the climatic conditions or existing vegetation will be
performed. Use only certified weed -free seed. Noxious weed control will be ongoing along with re -
vegetation.
8. The Applicant should check the right-of-way of surrounding landowners to see if other permits are
required, I.E., BLM, Forest Service.
i�-�nuuJA1�
By:
Garfield County Representative
Rocky Mountain Natural Gas
BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY
CERTIFICATION AND AFFIDAVIT
REGARDING ILLEGAL ALIENS
The Contractor, whose name and signature appears below, certifies and agrees
as follows:
1. The Contractor shall comply with the provisions of C.R.S. 8-17.5-101 et
seq. The Contractor shall not knowingly employ or contract with an illegal
alien to perform work for the Board of County Commissioners of Garfield
County, Colorado ("BOCC") or enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien.
2. The Contractor represents, warrants, and agrees that it has verified that
it does not employ any illegal aliens; that it has participated or attempted
to participate in the Basic Pilot Employment Verification Program
administered by the Social Security Administration and Department of Homeland
Security; and otherwise shall comply with the requirements of C.R.S. 8-17.5-
102(2) (b) .
3. The Contractor shall comply with all reasonable requests made in the
course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department
of Labor and Employment. If the Contractor fails to comply with any
requirement of this provision or C.R.S. 8-17.5-101 et seq., the BOCC may
terminate work for breach and the Contractor shall be liable for actual and
consequential damages to the State.
4. If the Contractor is a sole proprietor, the undersigned hereby swears or
affirms under penalty of perjury under the laws of the State of Colorado that
(check one):
A I
am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I am a sole
proprietor entering into a contract to perform work for the BOCC. I
understand that state law requires me to provide proof that 1 am lawfully
present in the United States prior to starting work for the BOCC. I further
acknowledge that I will comply with the requirements of C.R.S. 24-76.5-101 et
seq. and will produce the required form of identification prior to starting
work.
I acknowledge that making a false, fictitious, or fraudulent statement or
representation in this sworn affidavit is punishable under the criminal laws
of Colorado as perjury in the second degree under C.R.S. 18-8-503.
CERTIFIED and AGREED to this 1-5 day of _W7/q/ -('4 , 20rt
CONTRACTOR:
(Contractor Full Legal Name) FEIN or Social Security Number
By; f . (rJ .10/Le-W/J---
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WIN
Black MNrsEnergy-
BLACK HILLS ENERGY
7060 Alegre Street
Fountain, Colorado 80817
REVEGETATION PLAN
Cottonwood Pass Pipeline
Garfield County, Colorado
January 2019
Revised:
03/13/2019
REVEGETATION PLAN
COTTONWOOD PASS PIPELINE
'IM
Black Ms Energy
PREPARED FOR:
Rocky Mountain Natural Gas, LLC
Doing business as:
Black Hills Energy
7060 ALEGRE STREET
FOUNTAIN, COLORADO 80817
PREPARED BY:
Hill
'' COMPLIANCE
SOLUTIONS
HRL COMPLIANCE SOLUTIONS, INC.
2385 F '/2 Road
Grand Junction, CO 81505
970.243.3271
DATE PREPARED:
January 2019
Table of Contents
1.0 Introduction 1
2.0 Site Characterization 2
3.0 Reclamation 5
3.1 Stage One — Clean Up 6
3.2 Stage Two — Soil/Seedbed Preparation 6
3.3 Stage Three — Seeding 6
3.3.1 Drill Seeding 6
3.3.2 Broadcast Seeding 7
3.3.3 Hydroseeding 7
3.3.4 Straw Mulch 7
4.0 Stormwater Mitigation 7
4.1 Best Management Practices (BMPs) 7
5.0 Reclamation Monitoring 8
5.1 Noxious Weeds 8
5.0 References 9
APPENDIX A
APPENDIX B
APPENDIX C
APPENDICES
MAP OF PIPELINE ROW
APPROVED SEED MIX & SEED TAGS
GARFIELD COUNTY RECLAMATION STANDARDS
Black MaEnergy
1.0 Introduction
This Revegetation Plan (Plan) describes procedures necessary to reclaim and revegetate
the portion of the Cottonwood Pass Pipeline Project which is located within Garfield and
Eagle Counties, Colorado.
This plan will cover the re -contouring, reseeding, noxious weed treatment, stormwater
mitigation and monitoring, and final reclamation of the Cottonwood Pass Pipeline Right -
of -Way (ROW).
The reclamation of disturbed land is a critical component when restoring functions and
values of an ecological system. Rehabilitation of the disturbed area assists natural
ecological processes toward a self -promoting system. Once a self-supporting environment
has been established, the natural processes can take over and continue the rehabilitation
processes with minimal intervention from outside parties.
This Plan is designed to provide guidance concerning reclamation and revegetation
activities for Rocky Mountain Natural Gas, LLC (RMNG), doing business as Black Hills
Energy (BHE), land managers, to be implemented when ground disturbing activities cease.
The area to be reclaimed and revegetated shall be kept as weed free as practicable of all
noxious weed species. Weed control measures shall be conducted in compliance with the
Colorado Noxious Weed Act (C.R.S. 35-5.5-101.et.seq), Garfield and Eagle Counties
Noxious Weed Management Plan, and RIVING Cottonwood Pass 6 -Inch Pipeline project -
specific plan. Stormwater mitigation will be in compliance with the Colorado Department
of Public Health and Environment (CDPHE) Water Quality Division General Permit Series
COR -400000.
Procedures identified in this plan apply only to the defined area of the Cottonwood Pass 6 -
Inch Pipeline ROW. Personnel working on this project should be familiar with the
revegetation plan and its contents prior to preliminary construction activities.
1
Black MaEnergy
2.0 Site Characterization
The community of Carbondale is the nearest population center, approximately 2.5 miles
east of the pipeline ROW.
The location ranges between approximately 6,000 to 8,600 feet in elevation and receives
around 16-18 inches of rain per year. The frost free period ranges from 75 to 105 days,
creating a growing season of approximately three months. According to the Natural
Resources Conservation Service (NRCS), the soil types within the disturbed area of this
Project within Garfield County consists of fifteen (15) general soil units. Additional soil
types are anticipated, and will be added to this section, upon finalization of the pipeline
route in Eagle County.
Runoff characteristics are based on site topography, soil type, and vegetative cover. Soils
identified on this project are described below. The structural and nonstructural BMPs as
outlined in the Stormwater Management Plan (SWMP) are specifically designed to
minimize erosion and sediment transport associated with these soil types.
1- Acree loam (3-6% slopes)
This map unit is found on alluvial fans and valley side slopes. The soil is a deep well
drained soil. Elevations range from 6,500 to 8,200 feet. The average annual precipitation
is 16 to 18 inches, and the average frost -free period is 95-105 days. Permeability is slow,
available water is high, and effective rooting depth is 60 inches or more. Runoff is slow,
and the hazard of water erosion is moderate.
Potential plant community — Letterman needlegrass, Idaho fescue, western wheatgrass,
mountain big sagebrush, Gambel oak, lanceleaf rabbitbrush, elk sedge, slender wheatgrass,
and Saskatoon serviceberry.
4- Acree loam (6-12% slopes)
This map unit is found on alluvial fans and valley side slopes. The soil is a deep, well -
drained soil. Elevations range from 6,500 to 8,200 feet. The average annual precipitation
is 16 to 18 inches, and the average frost -free period is 95-105 days. Permeability is slow,
available water is high, and effective rooting depth is 60 inches or more. Runoff is slow,
and the hazard of water erosion is moderate.
Potential plant community — Letterman needlegrass, Idaho fescue, western wheatgrass,
mountain big sagebrush, Gambel oak, lanceleaf rabbitbrush, elk sedge, slender wheatgrass,
and Saskatoon serviceberry.
6 — Almy laom (1 to 12% slopes)
This map unit is found on fans and uplands. The soil is deep and well drained. Elevations
range from 6,000 to 7,800 feet. The average annual precipitation is 12 to 14 inches, and the
average frost -free period is 85-105 days. Permeability is moderate, available water is high,
and the effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of
water erosion is moderate.
2
Madir wimsr
Potential plant community — Letterman needlegrass, Idaho fescue, Indian ricegrass,
western wheatgrass, mountain big sagebrush, Wyoming big sagebrush, Gambel oak,
lanceleaf rabbitbrush, elk sedge, slender wheatgrass, and Saskatoon serviceberry.
13 — Atencio-Azeltine complex (3-6 % slopes)
This unit is found on alluvial fans, and terraces. This unit is approximately 60% Atencio
sandy loam and 30% Azeltine gravelly sandy loam. The Atencio soil is deep and well
drained. Permeability is moderately to a depth of 30 inches and is rapid below this depth.
Available water capacity is low. Effective rooting depth is 60 inches or more. Runoff is
slow and hazard of water erosion is slight. The Azeltine soil is deep and well drained.
Permeability is rapid or very rapid below a depth of 16 inches. Available water capacity is
low. Effective rooting depth is 60 inches or more. Runoff is slow and hazard of water
erosion is slight.
Potential plant community — mainly western wheatgrass, Indian ricegrass,
needleandthread, big sagebrush, and Douglas rabbitbrush. Main limitations are cobbles
and stones.
34 — Empedrado loam (2-6 % slopes)
This unit is found on alluvial fans and upland hills. The soil is deep and well drained.
Elevations range from 6,500 to 9,000 feet. The average annual precipitation is 15 to 18
inches, and the average frost -free period is 75-95 days. Permeability is moderate, available
water is high, and effective rooting depth is 60 inches or more. Runoff is medium, and the
hazard of water erosion is slight.
Potential plant community — Letterman needlegrass, Idaho fescue, Indian ricegrass,
western wheatgrass, mountain big sagebrush, Wyoming big sagebrush, Gambel oak,
lanceleaf rabbitbrush, elk sedge, slender wheatgrasss, and Saskatoon serviceberry.
35 — Empedrado loam (6-12 % slopes)
This unit is found on alluvial fans and upland hills. The soil is deep and well drained.
Elevations range from 6,500 to 9,000 feet. The average annual precipitation is 15 to 18
inches, and the average frost -free period is 75-95 days. Permeability is moderate, available
water is high, and effective rooting depth is 60 inches or more. Runoff is medium, and the
hazard of water erosion is moderate.
Potential plant community — Letterman needlegrass, Idaho fescue, Indian ricegrass,
western wheatgrass, mountain big sagebrush, Wyoming big sagebrush, Gambel oak,
lanceleaf rabbitbrush, elk sedge, slender wheatgrass, and Saskatoon serviceberry.
38 — Evanston loam (1-6 % slopes)
This unit is found on alluvial fans, terraces, and valley sides. The soil is deep and well
drained. Elevations range from 6,500 to 8,000 feet. The average annual precipitation is 13
to 15 inches, and the average frost -free period is 80-90 days. Permeability is moderate,
available water is high, and the effective rooting depth is 60 inches or more. Runoff is slow,
and the hazard of water erosion is slight.
Potential plant community — Letterman needlegrass, Idaho fescue, Indian ricegrass,
western wheatgrass, mountain big sagebrush, Wyoming big sagebrush, Gambel oak,
lanceleaf rabbitbrush, elk sedge, slender wheatgrass, cheatgrass, and Saskatoon
serviceberry.
3
Black MaEnergy
42 — Fluvaquents (0-10 % slopes)
This unit is found on alluvial valley floors and flood plains. The soil is deep and poorly
drained. The water table fluctuates between depths of 0.5 foot and 2.0 feet during spring
and summer. These soils are occasionally flooded for brief periods in late spring and early
summer.
Potential plant community — cottonwood, willow, water -tolerant grasses, sedges, and
rushes.
54 — Grotte gravelly loam (25-65 % slopes)
This unit is found on mountainsides. The soil is deep and well drained. Elevations range
from 6,000 to 8,000 feet. The average annual precipitation is 15 to 17 inches, and the
average frost -free period is 80-105 days. Permeability is moderately slow, available water
is moderate, and the effective rooting depth is 60 inches or more. Runoff is rapid, and the
hazard of water erosion is moderate or severe on steeper slopes.
Potential plant community —Indian ricegrass, western wheatgrass, Wyoming big sagebrush,
Utah juniper, and pinyon pine.
55 — Gypsum land-Gypsiorthids complex (12-65 % slopes)
This unit is found on mountainsides, hills, and dissected drainageways. The soils are
shallow and well drained. Permeability is moderate, available water is low or moderate,
and effective rooting depth is 10-40 inches or more. Runoff is very rapid, and the hazard
of water erosion is slight to severe on steeper slopes.
Potential plant community —sparse grasses, forbs, and Utah Juniper. This map unit supports
very little native vegetation.
69 — Kilgore silt loam (1-6 % slopes)
This unit is found on alluvial valley floors, flood plains, low terraces, and alluvial fans.
The soil is deep and poorly drained. Elevations range from 6,000 to 9,800 feet. The average
annual precipitation is 18 to 20 inches, and the average frost -free period is 70-95 days.
Permeability is moderately slow, available water is low, and the effective rooting depth is
60 inches or more. Runoff is slow, and the hazard of water erosion is slight or moderate.
Potential plant community — Letterman needlegrass, Idaho fescue, Indian ricegrass,
western wheatgrass, mountain big sagebrush, Wyoming big sagebrush, Gambel oak,
lanceleaf rabbitbrush, elk sedge, slender wheatgrass, cheatgrass, and Saskatoon
serviceberry.
87— Morval-Tridell complex (12-50 % slopes)
This unit is found on alluvial fans and mountainsides. The soil is deep and well drained.
Elevations range from 6,800 to 8,000 feet. The average annual precipitation is 13 to 15
inches, and the average frost -free period is 85-95 days. Permeability is moderate, available
water is moderate, and the effective rooting depth is 60 inches or more. Runoff is medium,
and the hazard of water erosion is moderate.
Potential plant community — Letterman needlegrass, Idaho fescue, Indian ricegrass,
western wheatgrass, prairie junegrass, mountain big sagebrush, Wyoming big sagebrush,
Gambel oak, lanceleaf rabbitbrush, elk sedge, slender wheatgrass, cheatgrass, and
Saskatoon serviceberry.
4
Black MaEnergy
94 — Showalter-Morval complex (5-15 % slopes)
This unit is found on alluvial fans, terraces, and valley sides. The soil is deep and well
drained. Elevations range from 7,000 to 8,500 feet. The average annual precipitation is 14
to 16 inches, and the average frost -free period is 80-90 days. Permeability is slow, available
water is moderate, and the effective rooting depth is 60 inches or more. Runoff is medium,
and the hazard of water erosion is slight.
Potential plant community — Letterman needlegrass, Idaho fescue, Indian ricegrass,
western wheatgrass, mountain big sagebrush, Wyoming big sagebrush, Gambel oak,
lanceleaf rabbitbrush, elk sedge, slender wheatgrass, cheatgrass, and Saskatoon
serviceberry.
95 — Showalter-Morval complex (15-25 % slopes)
This unit is found on alluvial fans, terraces, and valley sides. The soil is deep and well
drained. Elevations range from 7,000 to 8,500 feet. The average annual precipitation is 14
to 16 inches, and the average frost -free period is 80-90 days. Permeability is slow, available
water is moderate, and the effective rooting depth is 60 inches or more. Runoff is medium,
and the hazard of water erosion is moderate.
Potential plant community — Letterman needlegrass, Idaho fescue, Indian ricegrass,
western wheatgrass, mountain big sagebrush, Wyoming big sagebrush, Gambel oak,
lanceleaf rabbitbrush, elk sedge, slender wheatgrass, cheatgrass, and Saskatoon
serviceberry.
106 — Tridell-Brownsto stony sandy loams (12-50%)
This unit is found on terraces and mountainsides. The Tridell soil is deep and somewhat
excessively drained. Permeability is moderately rapid, available water capacity is low, and
effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water
erosion is moderate. The Brownsto soil is deep and well drained. Permeability is moderate,
available water capacity is low, and effective rooting depth is 60 inches or more. Runoff is
rapid, and hazard of water erosion is moderate.
Potential plant community — mainly pinyon pine, Utah juniper with an understory of
bluebunch wheatgrass, Indian ricegrass, Wyoming big sage, mutton grass, bottlebrush
squirreltail, antelope bitterbrush, and true mountain mahogany.
3.0 Reclamation
Reclamation and revegetation processes will begin immediately following trenching and
backfilling. Reclamation activity will be in compliance with CDPHE COR400000 General
Stormwater permit, Colorado Parks and Wildlife (CPW) stipulations, as well as the
Garfield and Eagle Counties Revegetation Guide.
The Cottonwood Pass Pipeline Project will be disturbing approximately 127.3 acres and
will require revegetation. Approximately 36 acres will be disturbed in Garfield County and
approximately 91 acres will be disturbed in Eagle County. Any bore sites will be re-
contoured, seed bed prepped and seeded with appropriate seed mix and mulched.
5
Black MaEnergy
Wetland Crossing:
RMNG will attempt to bore all wetland crossing when possible. Should boring operations
fail, management of soils, mobilization of equipment and other precautions are discussed
in the Stormwater Management Plan (SWMP). All soils within the wetland boundary will
be separated by a physical barrier and replaced in the reverse of the order removed.
Typically, the physical barrier will be created utilizing certified weed free straw. All stream
channels will be restored to approximate original contour.
3.1 Stage One — Clean Up
Once pipeline construction has been completed and topsoil has been redistributed across
the ROW disturbance, all materials such as temporary erosion and sediment control
measures, that are no longer necessary for sediment control, and other debris will be
removed and disposed of properly. This includes any trash left behind on location such as
pipe fittings, used lumber or miscellaneous items that have been discarded. Temporary
fencing (as applicable) installed during construction will be removed. Existing fence lines
or historic fence lines within the designated area of the ROW will be repaired, replaced, or
removed as agreed upon by RIVING.
3.2 Stage Two — Soil/Seedbed Preparation
The ROW shall be contoured to emulate the surrounding lands topography and pre-existing
conditions. The soil used to contour the landscape will be applied in the order it was
removed (i.e. first off, last on). This practice will ensure that the soil is applied to the
appropriate horizon from which it was initially taken from. Salvaged topsoil will be
distributed across the entire disturbed area at a depth of 6-12 inches when possible.
Depending upon terrain, the seedbed preparation will consist of scarifying, tilling or
harrowing the topsoil to a depth of three 3-4 inches. On side hills, where harrowing is not
feasible, surface roughening can be obtaining using the bucket of a track hoe. This will
occur just prior to seeding. In areas where the ground is saturated, seedbed preparation may
be limited to surface roughening with the track hoe bucket as the operator backs out of the
delineated wetlands area.
3.3 Stage Three — Seeding
Seeding and mulching will occur at the completion of soil and seedbed preparation. To
ensure all disturbances or stockpiles will not sit exposed for more than 90 days, pre-
determined sections of ROW will be seeded and mulched per the landowner stipulations
found in Appendix B.
3.3.1 Drill Seeding
If topography allows, the ROW will be seeded using a drill seeder. Drill seeding
will be performed at a depth of 0.5 inches, and the seed will be covered with soil
and lightly compacted to ensure good seed -to -soil contact. Seed will be applied
using a rangeland seed drill with a seed release and agitation mechanism sufficient
to allow seeds of various size and density to be planted at the proper seeding depth.
The seed mix for this reclamation project will be an approved Seed Mix by the
Garfield County Vegetation Manager (Appendix B). Certified weed free straw will
be applied at a rate 2,0001bs/acre and will be crimped in placed. A Plantago -based
6
MM
Black Mils Energy
tackifier, or similar product, may be applied at a rate of 150 lbs/acre following drill
seeding.
3.3.2 Broadcast Seeding
Broadcast seeding will be implemented in areas where a drill seeder cannot safely
and effectively maneuver. Broadcast seeding can be implemented by hand or by
means of a mechanical device. Broadcast seeding provides a randomly dispersed
plant community. Seeding rate when broadcasting will be double the drill seed rate.
Once seeding is complete, seed will be raked in to ensure good seed -to -soil contact.
Wetlands Crossings (If Necessary):
All delineated wetland areas will be broadcast seeded. The wetland seed mix can
be found in Appendix B.
3.3.3 Hydroseeding
Hydroseeding, if implemented, will be applied at double the drill seed rate per acre.
Hydroseeding will be applied prior to the application of hydromulch, to ensure
greater seed -to -soil contact. Hydromulch may be applied at a rate of 3,000 lbs/acre
and contain a guar gum tackifier.
3.3.4 Straw Mulch
Straw mulch will be applied at 2000 lbs/acre and crimped in to ensure stabilization
of mulch and soil. Straw mulch lowers surface soil temperatures by shading and
increase infiltration rates by providing pores into the soils.
Wetlands Crossing (If Necessary):
Mulch will not be applied on wetland crossings.
Ideally, planting will occur in the fall before the first snow of the season. Early -October is
optimal, however, is not always feasible. If possible, planting should occur in conjunction
with a predicted precipitation event. By positioning the seed below the snowfall or rain,
the seed will receive good contact with the soil and utilize the benefits of the precipitation.
Spring planting can be conducted after the frost line is gone from the soil. During all final
reclamation, seeding within county ROW will be conducted with the approved Seed Mix
associated with this project. Applicable landowner seed mix will be used on the ROW that
crosses private lands.
4.0 Stormwater Mitigation
4.1 Best Management Practices (BMPs)
To avoid erosion of topsoil and seed transport from storm events, Best Management
Practices (BMPs) will be installed where applicable on the ROW.
Surface roughening will reduce stormwater impact and capture and retain precipitation.
Surface roughening is an erosion control practice often used in conjunction with grading
and reclamation. Slopes that are not fine graded and left in a roughened condition also
reduces erosion. Soil roughening reduces runoff velocity, increases infiltration, reduces
erosion, traps sediment, and prepares the soil for seeding and planting giving the seed an
7
merry
opportunity to germinate and establish. Used as a temporary or permanent BMP, surface
roughening may take many different forms including, but not limited to, ripping, pocking
and tracking. For details on erosion and sediment control please refer to the Stormwater
Management Plan.
5.0 Reclamation Monitoring
Monitoring of the revegetation progress is vital to ensure that proper procedures are
implemented on the location. Monitoring will allow for early response to potential
problems encountered during the reclamation process. Identifying challenges to the
reclamation goals at an early stage allows for adequate time to formulate a response to the
situation. By identifying potential complications early in the process, the future costs
associated with rehabilitation will be minimized for the operator.
If the treatments do not show the desired outcome, additional actions will be taken to reach
reclamation goals. After the source of the problem is identified, careful attention will be
paid to the design and timing of the supplemental treatment. If treatments such as seeding
are not carried out at the proper times, the treatments may not be effective and the operator
will see increased rehabilitation costs.
Monitoring activities will consider several parameters, including the condition of
implemented BMPs, growth state and success rate of areas seeded, presence and location
of noxious weeds, and other possible sources of reclamation failure. Photo documentation
is required for all the above parameters for high-quality progress tracking.
After the initial application of reclamation amendment, and when CDPHE revegetation
requirements of 70 percent pre -disturbance levels have been met, monitoring will be at the
discretion of RMNG.
5.1 Noxious Weeds
In accordance with the Garfield County Noxious Weed Management Plan, noxious weed
species will be treated before construction activities begin. Weeds identified on the ROW
during and after construction will be treated as applicable to each species identified.
Typically, treatment will occur three times a year. Weed species present on the ROW will
be tracked during reclamation monitoring and reported to RMNG.
All equipment used on this revegetation project will be cleaned and inspected prior to
entering location to ensure no noxious weed seeds are transported onto the site. For details
of weed management refer to the Cottonwood Pass Pipeline Project Weed Management
Plan.
8
5.0 References
Colorado Department of Public Health and Environment's (CDPHE) Stormwater Discharges
Associated with Construction Activity Permit No: COR -030000. (2007).
U.S. Geological Survey (USGS), variously dated, National field manual for the collection of
water -quality data: U.S. Geological Survey Techniques of Water -Resources Investigations,
book 9, chaps. Al -A9, available online at: http://pubs.water.usgs.gov/twri9A
Garfield County, 2001. Garfield County Reclamation Standards. Retrieved from:
http s : //www. garfield-
county.com/vegetationmanagement/documents/reclamation standards_adopted.pdf
Munshsower, F. Practical Handbook of Disturbed Land Revegetation
9
APPENDIX A
113
Fisher
'
103
Mesa Creek
Creek
a,
U,d =J� 113
V .
` ...`yam
�•� �, 113
,. ... 4 z= �� �,1—
®
100
+W' i_... .y' •. ' h 170•
103
'dr
•
.,•,;•.•:,..
' a '.
_ 100 =
relf' r
.....
Crystal Spring.G[eek
102 —
°i.102
•
170
122
-
113
G,d,,.,
i
CI
Il
W
LL
Q
„
- N
_50, E .,
• I.
Cr
ee/r
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0
m
.
•
- ....
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82 1
- . 'ry � •-• --- - -
•
_—
100
.
.j 102
./T .. .: . _ .. - Jul ,-
J. • ,,.
......
OW
--
82 t ,
• -
1,250 2,500
Feet
LEGEND
H R I.
COMPLIANCE
—i
Mapped Features Canal /Ditch
ill Ili Cs 0 i U 7 I D N saight_
Proposed 6 Inch Ephemeral Stream
Transmission Pipeline
50-ft ROW • - Intermittent Stream
DISCLAIMER: This representation and the Geographic
Information System (GIS) used to create it are designed
as a source of reference and not intended to replace
official records and/or legal surveys. HRL assumes no
responsibility for any risks, dangers, or liabilities that
may result from its use and makes no guarantees as
to the quality or accuracy of the underlying data.
Black HMIs Energy
Cottonwood Pass
Hydrography ^ti•- Perennial Stream
Author: A. Asay
Overview Map -- Phase I Garfield
Revision: 0
County
® Spring / Seep Lake / Pond
Date: 2/1/2019
113
Fisher Creek
103
103
Crystal Spring Creek
;,0 1,250 2,500
Fee
Mesa Creek
0
103
100
100
170
102
100
113
Aro
102
_4
LEGEND
Mapped Features
Proposed 6 Inch
Transmission Pipeline
50 -ft ROW
Hydrography
0 Spring / Seep
Canal / Ditch
Ephemeral Stream
— Intermittent Stream
•ter^ Perennial Stream
S Lake / Pond
170
Soils (Slopes in Percentages)
Soil Survey C0655
Atencio-Azeltine
Complex (3-6%)
Cochetopa-Antrobus
Association (6-12%)
Cochetopa-Antrobus
Association (12-25%)
Cochetopa-Antrobus
Association (25-50%)
Acree Loam (3-6%)
amp Empedrado Loam (2-6%)
Empedrado Loam (6-12%)
Empedrado Loam (12-25%)
Evanston Loam (1-6%)
Acree Loam (6-12%)
Fluvaquents (0-10%)
Forelle-Brownsto
Complex (6-12%)
Forelle-Brownsto
• Complex (12-25%)
Fughes Stony Loam (3-12%)
Acree Loam (12-25%)
Grotte Gravelly Loam (25-65%)
Gypsum Land-Gypsiorthids
• Complex (12-65%)
Lyers Loam (6-25%)
f Almy Loam (1-12%)
Jerry Loam (12-25%)
S Jerry Loam (25-65%)
Jodero Loam (1-12%)
Kilgore Silt Loam (1-6%)
Morval Loam (6-25%)
Morval-Tridell
2110- Complex (12-50%)
f Redrob Loam (1-6%)
Showalter-Morval
Complex (5-15%)
Showalter-Morval
▪ Complex (15-25%)
Torriorthents-Camborthids-Rock
Outcrop Complex (6-65%)
1110 Tridell-Brownso Stony
Sandy Loams (12-50%)
Yamo Loam (1-6%)
f Yamo Loam (6-12%)
Water
Complete soil descriptions can be found in the NRCS Soil
Surveys of Garfield County
HRL
IFS COMPLIANCE
SOLUTIONS
DISCLAIMER: This representation and the Geographic
Information System (GIS) used to create it are designed
as a source of reference and not intended to replace
official records and/or legal surveys. HRL assumes no
responsibility for any risks, dangers, or liabilities that
may result from its use and makes no guarantees as
to the quality or accuracy of the underlying data.
Author: A. Asay
Revision: 0
Date: 2/1/2019
Black Ms Energy
Cottonwood Pass
Soils Map -- Phase I
Garfield County
APPENDIX B
Cottonwood Pass Reclamation Plan: Landowner Seeding Plan
Updated 02/25/2019
From South to North
• Blue Revocable Trust
o Mountain Pasture Mix
• Seeding Rate: 601bs/acre
• Application Method: Hydroseed
• CDOT ROW along HWY 82 and up Catherine Store Rd (CR100)
o Pitkin County Mix
• Seeding Rate: 301bs/acre Drill Seed, 601bs/acre Broadcast
• Application Method: Drill Seed and/or Broadcast
• Samuelson Property
o Pitkin County Mix
• Seeding Rate: 601bs/acre
• Application Method: Broadcast
• Ochco Property
o Pitkin County Mix (Unless specified by landowner)
• Seeding Rate: 301bs/acre Drill Seed, 601bs/acre Broadcast
• Application Method: Drill Seed and/or Broadcast
• Green Property
o Native Shrub and Forb Mix
• Seeding Rate: 231bs/acre Drill Seed, 461bs/acre Broadcast
• Application Method: Drill Seed and/or Broadcast
• Stirling Ranch Property
o Native Shrub and Forb Mix
• Seeding Rate: 231bs/acre Drill Seed, 461bs/acre Broadcast
• Application Method: Drill Seed and/or Broadcast
• Tornare Property
o Field: Alfalfa Irrigated Pasture Mix
• Seeding Rate: 401bs/acre
• Application Method: Hydroseed
o Wagon Trail Route: Dryland Pasture Mix
• Seeding Rate: 501bs/acre
• Application Method: Hydroseed
• Smiling A LLLP Property
o Field: Alfalfa Irrigated Pasture Mix (Unless specified by landowner)
• Seeding Rate: 401bs/acre
• Application Method: Hydroseed
• Bright Property
o Native Shrub and Forb Mix
• Seeding Rate: 231bs/acre Drill Seed, 461bs/acre Broadcast
• Application Method: Drill Seed and/or Broadcast
• Childs Property
o TBD (Landowner Preference)
• Seeding Rate: TBD
• Application Type: TBD
• Laughing Stock LLLP Property
o Native Shrub and Forb Mix
• Seeding Rate: 231bs/acre Drill Seed, 461bs/acre Broadcast
• Application Method: Drill Seed and/or Broadcast
o Dryland Pasture Mix
• Seeding Rate: 251bs/acre Drill Seed, 501bs/acre Broadcast
• Application Method: Drill Seed and/or Broadcast
• Hill Revocable Trust Property
o Native Shrub and Forb Mix
• Seeding Rate: 231bs/acre Drill Seed, 461bs/acre Broadcast
• Application Method: Drill Seed and/or Broadcast
• Zamansky Property
o Native Shrub and Forb Mix
• Seeding Rate: 231bs/acre Drill Seed, 461bs/acre Broadcast
• Application Method: Drill Seed and/or Broadcast
• Thiel Property
o Grass and Wildflowers Mix
• Seeding Rate: 251bs/acre Drill Seed, 50 lbs/acre Broadcast
• Application Method: Drill Seed and/or Broadcast
SEED MIXES
Mountain Pasture Mix:
301bs/acre Drill Seed, 601bs/acre Hydroseed and Broadcast
Orchardgrass 20%
Smooth Bromegrass 20%
Slender Wheatgrass 20%
Meadow Brome 15%
Perennial Ryegrass 15%
Timothy 10%
Pitkin County Mix:
301bs/acre Drill Seed, 601bs/acre Hydroseed and Broadcast
Slender Wheatgrass 25%
Mountain Brome 20%
Western Wheatgrass 20%
Secar Bluebunch 20%
Thickspike Wheatgrass 5%
Idaho Fescue 5%
Green Needle 3%
Indian Ricegrass 2%
Dryland Pasture Mix:
251bs/acre Drill Seed, 501bs/acre Hydroseed and Broadcast
Lincoln Smooth Brome 20%
Oahe Intermediate Wheatgrass 20%
Dahurian Wildrye 15%
Paiute Orchardgrass 15%
Teraploid Perennial Rye 10%
Revenue Slender Wheatgrass 10%
Hycrest Crested Wheatgrass 10%
Native Shrub and Forb Mix:
231bs/acre Drill Seed, 461bs/acre Hydroseed and Broadcast
Western Wheatgrass 18%
Thickspike Wheatgrass 18%
Slender Wheatgrass 18%
Indian Ricegrass 13%
Bluebunch Wheatgrass 13%
Winterfat 11%
4 -Wing Saltbush 4.5%
Scarlet Globemallow 2.5%
Broom Snakeweed 1.5%
Big Sagebrush 0.5%
Alfalfa Irrigated Pasture Mix:
201bs/acre Drill Seed, 401bs/acre Hydroseed and Broadcast
Meadow Brome 20%
Tall Fescue 20%
Perennial Ryegrass 20%
Alfalfa 20%
Orchardgrass 15%
White Clover 5%
Grass and Wildflowers Mix:
251bs/acre Drill Seed, 501bs/acre Hydroseed and Broadcast
Slender Wheatgrass 20%
Mountain Brome 20%
Green Needlegrass 15%
Thickspike Wheatgrass 15%
Western Wheatgrass 15%
Indian Ricegrass 10%
Colorado Wildflower Mix 5% (Mix of drought tolerant annual and perennial wildflowers)
APPENDIX C
Reclamation Standards (Adopted May 7, 2001)
Site stability
A. The reclaimed area shall be stable and exhibit none of the following
characteristics:
1. Large rills or gullies.
2. Perceptible soil movement or head cutting in drainages.
3. Slope instability on or adjacent to the reclaimed area.
B. Slopes shall be stabilized using appropriate reshaping and earthwork measures,
including proper placement of soils and other materials.
II. Soil Management
Topsoil management shall be salvaged from areas to be disturbed and managed for later use in
reclamation.
III. Erosion Prevention
The surface area disturbed at any one time during the development of a project shall be kept to
the minimum necessary and the disturbed areas reclaimed within ninety days to prevent
unnecessary or undue degradation resulting from erosion.
A. The soil surface must be stable and have adequate surface roughness to reduce run-off,
capture rainfall and snow melt, and allow for revegetation.
B. Application of certified noxious weed free mulch or erosion netting may be necessary to
reduce soil movement, retain soil moisture, and promote revegetation.
C. Soil conservation measures, including surface manipulation, reduction in slope
angle, revegetation, and water management techniques, shall be used.
D. Sediment retention structures or devices shall be located as close to the source of the
sediment generating activities as possible to increase their effectiveness and reduce
environmental impacts.
V. Revegetation
When the final landform is achieved, the surface shall be stabilized by vegetation or other means
to reduce further soil erosion from wind or water, provide forage and cover, and reduce visual
impacts. Specific criteria for evaluating revegetation success must be site-specific and included
as a part of the reclamation plan.
A. Vegetation production, species diversity, and cover, shall support the post -disturbance
land use. Areas where the post -disturbance land use does not include lawns, gardens,
and flower beds; shall approximate the surrounding undisturbed area or be revegetated
to a desired plant community with a composition of species and plant cover typical to
that site.
B. The vegetation shall stabilize the site and support the planned post -disturbance land
use, provide natural plant community succession and development, and be capable of
renewing itself. This shall be demonstrated by:
4
1. Using certified noxious weed free seed.
2. Successful onsite establishment of the species included in the planting
mixture and/or other desirable species.
3. Evidence of vegetation reproduction, either spreading by rhizomatous
species or seed reproduction.
4. Evidence of overall site stability and sustainability.
C. The revegetation plan shall provide for the greatest probability of success in plant
establishment and vegetation development by considering environmental factors such
as seasonal patterns of precipitation, temperature and wind; soil texture and fertility;
slope stability; and direction of slope faces.
D. To insure the establishment of a diverse and long-lasting vegetative cover, the permittee
shall employ appropriate techniques of site preparation and protection species diversity
should be selected for long-term land uses and to provide for a reduction in visual
contrast.
E. Where revegetation is to be used, a diversity of vegetation species shall be used to
establish a resilient, self-perpetuating ecosystem capable of supporting the post -
disturbance land use. Species planted shall include those that will provide for quick soil
stabilization, provide litter and nutrients for soil building and are self -renewing.
F. Integrated Weed Management (IWM) methods shall be employed for all noxious
weed species on the Garfield County List. Weed management methods shall be used
whenever the inhabitation of the reclaimed area by noxious weeds threaten nearby
areas.
G. Where revegetation is impractical or inconsistent with the surrounding
undisturbed areas, other forms of surface stabilization shall be used.
Contact Steve Anthony, Garfield County Vegetation Manager, at 970-625-3969 for information on
weed management and reclamation.
Contact Dennis Davidson, Natural Resources Conservation Service, at 970-945-5494, ext. 101,
for reclamation and seeding recommendations.
5
111111111111111111111111111111MII 111111 III 1111111111111
579242 04/13/2001 04:11P 81245 P184 M ALSDORF
1 of 3 R 15.00 0 0.00 GARFIELD COUNTY CO
RIGBT-OF-WAY AND EASEMENT
George Stranahan, GRANTOR, of P.O. Box 70, Woody Creek, CO 81656, does hereby
sell and convey to ROCKY MOUNTAIN NATURAL GAS COMPANY, a Colorado
Corporation, P.O. Box 281304, Lakewood, CO 80228-8304, GRANTEE, for the sum
of Ten and 00/100 ($10.00) Dollars, and other valuable consideration, the
receipt and adequacy of which is hereby acknowledged, a right-of-way and
easement for the purposes of laying, constructing, maintaining, operating,
repairing, altering, inspecting, replacing, removing, and/or changing the
size of, one or more pipelines (with valves, meters, fittings, appliances,
and related facilities) for the transportation of gas over, through, under
and across the following described land situated in the County of Garfield,
State of Colorado, to -wit:
See the Exhibit A attached hereto and made a part hereof.
GRANTEE shall have all other rights and benefits necessary or convenient for
the full enjoyment and use of the rights herein granted, including, but
without limiting the same, the free and full right of ingress and egress over
and across said lands and other lands of the GRANTOR to and from said right-
of-way and easement.
GRANTOR hereby warrants and agrees to defend the title to the above-described
premises. GRANTOR shall have the use of such right-of-way and easement except
for any use which conflicts with the purposes for which this right-of-way and
easement is granted; provided, however, GRANTOR shall not build or construct
nor permit to be built or constructed any building or other improvement over
or across said right-of-way and easement.
GRANTEE agrees to bury all pipelines so that they will not interfere with the
cultivation of the land, and also to pay for any damage to fences,
improvements, and growing crops which may arise from its operations
hereunder, said.damage, if not mutually agreed upon, to be ascertained by
three disinterested persons., one to be appointed by the GRANTOR, one by
GRANTEE, and the third by the two persons aforesaid, and the written award of
said three persons, or any two of them, shall be final and conclusive.
This grant covers all of the agreements between the parties and no
representations or statements, verbal or written, have been made modifying,
adding to, or changing the terms of this Agreement.
This easement and right-of-way and all provisions hereof shall inure to the
benefit of and be binding upon the parties, their successors and assigns.
OPITNESSF, GRANTOR has executed this Right -of -Way and Easement this
day of A , 2001.
STATE OF 6,06rw¢6
COUNTY OF Ti•A`A
ss.
PA -e, -
George Stranahan
T foregoin instrument was acknowledged before me by George Stranahan this
day of]vvi , 2001.
1(14
My commission expires
YYY Notary Public
Address: 21300 PM) n 132• 5- -
A5,e, , Co Sia 11
TERMINUS 10'
GAS EASEMENT: 11E TO .
SOUTHEAST CORNER. SEC. 19
S45'08'20"E 1049.26'
PARCEL 1
STONER SUBDIVISION
EXEMPTION
N70"5'44'W
11 'It" \
11 / 222.85 7
11 /
)1 N4.... .w P.0.8. 10'
87.52 / / GAS EASEMENT: TIE FROM
SOUTHEAST CORNER SEC. 19
!! ir/ N3218'00"W 720.89'
EXISTING
!I 30' GAS /
REC. NO. 417758 EASEMENT //
/f
/ // STONEREN ON SIONPARCEL 2 \
//
/ ///..--,.., N24.39'03'E I
Lr% /!/
,...!.2 ,,
I I �/ 1
P.0.8.30' X11_._
GAS EASEMENT: TIE FROM �- ___
SOUTHEAST CORNER
N78'iB'29"w 620.05'
1
10' GAS
EASEMENT
Exhibit A
_ TERMINUS J0'
CAS EASEMENT: TIE TO
SOUTHEAST CORNER SEC.
507'24'05'E 1143.01'
SOUTHEAST CORNER--
SECTION
ORNERSECTION 19
WITNESS CORNER TO
SE CORNER SEC. 19
BEARS 5 0237'22" W
68.00'
SCALE: 1" = 200'
SURVEYOR'S STATEMENT
I, FRANK W. HARRINGTON, DO HEREBY STATE THAT THIS SURVEY WAS PREPARED BY
HIGH COUNTRY ENGINEERING, INC. FOR KINDER -MORGAN AND THAT IT 1S TRUE AND
CORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE.
519UI1
WI1iji
FRANK W. HARRINGTON, L.� = , 598 �tG
G:1:2 195``98 LW
se-..,...<1.71014d
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DATE: FEBRUARY 26. 2001
19
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JOB NO - 2011616 01
FIGH COUNTRY E3 DKEERIrC• NC.
923 COOPER AVENUE
CULENWOOD BPFIIJOB. CO 81601
(970) 945-8876
1 111111 11111 111111 111111 11111 1111 111111 111 11111 !Ill 111(
PACE NO. 2 579242 04/13/2001 04:11P 01243 P186 M ALSDDRF
3 of 3 R 15.00 D 9.00 GARFIELD COUNTY CO
30' GAS EASEMENT DESCRIPTION
A 30.00 FOOT WIDE STRIP OF LAND CROSSING PARCEL 2, STONER SUBDIVISION
EXEMPTION IN THE
RANGE87 WEST OFUTHE DSIXTH PRINCIPAL ERIDIAN,1/4 OF ECOUNTY CTION 9OF GARFIELD, I S ATEP 7 HOF
COLORADO; SAID STRIP OF LAND LYING 15.00 FEET TO EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
Exhibit A
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19 (WHENCE THE WITNESS
CORNER TO SAID CORNER, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE, BEARS
502'57'22"W 66.00 FEET); THENCE N78'18'29"W 620.05 FEET TO A POINT ON THE
SOUTHERLY BOUNDARY OF SAID PARCEL 2, SAID POINT ALSO BEING ON THE CENTERLINE
OF SAID EASEMENT. THE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE
N24'39'03"E ALONG SAID CENTERLINE 532.19 FEET; THENCE CONTINUING ALONG SAID
CENTERLINE N23'43'56"E 222.85 FEET; THENCE CONTINUING ALONG SAID CENTERLINE
N24'51'08"E 352.81 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL 2,
THE TERMINUS (WHENCE THE SOUTHEAST CORNER OF SAID SECTION 19 BEARS
S07'24'05"E 1143.01 FEET).
10' GAS EASEMENT DESCRIPTION
A 10.00 FOOT WIDE STRIP OF LAND CROSSING PARCEL 2, STONER SUBDIVISION
EXEMPTION AND SITUATED IN THE SE1/45E1/4 OF SECTION 19, TOWNSHIP 7 SOUTH,
RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF
COLORADO; SAID STRIP OF LAND LYING 5.00 FEET TO EACH SIDE OF THE FOLLOWINC
DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19 (WHENCE THE WITNESS
CORNER TO SAID CORNER, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE. BEARS
S02'57'22"W 66.00 FEET); THENCE N3218'00"W 720.89 FEET TO A POINT ON THE
CENTERLINE OF THE ABOVE DESCRIBED 30' GAS EASEMENT, SAID POINT ALSO BEING ON
THE CENTERLINE OF SAID EASEMENT, THE POINT OF BEGINNING; THENCE LEAVING THE
CENTERLINE OF SAID30' EASEMENT N68'22'21"W ALONG SAID CENTERLINE 87.52 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE N70'25'44"W 294.15 FEETTO A POINT ON
THE EASTERLY EDGE OF THAT GAS EASEMENT DESCRIBED IN RECEPTION NO. 417759 OF
THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, THE TERMINUS (WHENCE THE
SOUTHEAST CORNER OF SAID SECTION 19 BEARS S45'08'20"E 1049.26 FEET).
DATE. FEBRUARY 26. 2001
Job NO • 7011616 01
HFI COUNTRY
AVENUE
'
COOPER923
. - oLEHW000 SPRINGS,CO stern
(970)945-8678
1 11111 11111 111111 11111 111111 111 11111 1111
579243 04/13/2001 04:12P 91245 P187 M ALSDORF
1 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO
RIGHT-OF-WAY AND EASEMENT
George Stranahan, GRANTOR, of P.O. Box 70, Woody Creek, CO 81656,
does hereby sell and convey to KINDER MORGAN, INC., a Kansas
Corporation, P.O. Box 281304, Lakewood, CO 80228-8304, GRANTEE, for
the sum of Ten and 00/100 ($10.00) Dollars, and other valuable
consideration, the receipt and adequacy of which is hereby
acknowledged, a right-of-way and easement ten (10) feet in width
for the purposes of •laying, constructing, maintaining, operating,
repairing, altering, inspecting, replacing, removing, and/or
changing the size of, one or more pipelines (with valves, meters,
fittings, appliances, and related facilities) for the
transportation of gas over, through, under and across the following
described land situated in the County of Garfield, State of
Colorado, to -wit:
See the Exhibit A attached hereto and made a part hereof.
GRANTEE shall have all other rights and benefits necessary or
convenient for the full enjoyment and use of the rights herein
granted, including, but without limiting the same, the free and
full right of ingress and egress over and across said lands and
other lands of the GRANTOR to and from said right-of-way and
easement. In no event shall GRANTOR'S access to or through
GRANTOR'S property be interrupted by the activities or operations
of GRANTEE in connection with the Easement.
GRANTOR hereby warrants and agrees to defend the title to the
above-described premises. GRANTOR shall have the use of such right-
of-way and easement except for any use which conflicts with the
purposes for which this right-of-way and easement is granted;
provided, however, GRANTOR shall not build or construct nor permit
to be built or constructed any building or other improvement over
or across said right-of-way and easement.
GRANTEE shall pay for, and shall indemnify and hold GRANTOR
harmless from any claim, loss or damage including, but not limited
to, damage to crops and reasonable attorneys' fees and costs
incurred in the enforcement of this Agreement, proximately caused
by GRANTEE'S operations hereunder; said damage, if not mutually
agreed upon, to be ascertained by three disinterested persons, one
to be appointed by the GRANTOR, one by GRANTEE, and the third by
the two persons aforesaid, and the written award of said three
persons, or any two of them, shall be final and conclusive.
Likewise, GRANTOR shall pay for, and shall indemnify and hold
GRANTEE harmless from any claim, loss or damage including, but not
1 11111111111111111111111111111111111111 111 1111111111111
579243 04/13/2001 04:12P B1245 P188 M ALSDORF
2 of 3 R 15.00 D 0.00 GARFIELD COUNTY CO
limited to, reasonable attorneys' fees incurred in the enforcement
of this Agreement.
This grant covers all of the agreements between the parties and no
representations or statements, verbal or written, have been made
modifying, adding to, or changing the terms of this Agreement.
This easement and right-of-way and all provisions hereof shall
inure to the benefit of and be binding upon the parties, their
successors and assigns.
IN WITNESS WHEREOF, GRANTOR has executed this Right -of -Way and
Easement this Il`" day of v‘,, , 2001.
STATE OF W 1OVpl..c40
COUNTY OF r ``t'K-1 H
SS.
George Stranahan
The foregoing instrument was acknowledged before me by George
Stranahan this lk44' day of VL\ , 2001.
My commission expires
Notary Public cD d rj
Address: 31 300 "- l 62 4# Si—
"
1 111111 11111 111111 11111 11111 1111 111 111111 1111 1111
579243 04/13/2001 04:12P B1245 P189 M ALSDORF
3 of 3 R 13.00 D 0.00 GARFIELD COUNTY CO
Exhibit A
Right -of -Way and Easement Description
AN EASEMENT TEN FEET WIDE OVER A PORTION OF THE S'/2SE'/4 OF SECTION 19,
TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6T" P.M., COUNTY OF GARFIELD, STATE
OF COLORADO, SAID EASEMENT LYING FIVE FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE STONE MONUMENT FOR THE SOUTH ONE-QUARTER CORNER
OF SAID SECTION 19, WITH ALL BEARINGS HEREIN BEING RELATIVE TO S.88°32'26"W.
BETWEEN SAID ONE-QUARTER CORNER AND THE BRASS CAP MONUMENT FOR THE
SOUTHWEST CORNER OF SAID SECTION 19; THENCE N.71 °40'54"E. 2022.56 FEET TO A
GAS LINE SERVICE CONNECTION, THE POINT OF BEGINNING OF THE RIGHT-OF-WAY
AND EASEMENT HEREIN DESCRIBED;
THENCE S.13 ° 31'52"E. 169.57 FEET;
THENCE S.07053'17"W. 144.58 FEET;
THENCE S.16°51'45"W. 96.65 FEET;
THENCE S.34°26'52"W. 61.36 FEET;
THENCE S.57°08'25"W. 108.00 FEET;
THENCE S.74°56'25"W. 87.13 FEET;
THENCE N.05°44'46"W. 19.50 FEET TO A POINT ON THE CENTERLINE OF A GRAVEL
DRIVE AS CONSTRUCTED, THE POINT OF TERMINATION. THE SIDELINES OF SAID
EASEMENT SHALL BE EXTENDED OR SHORTENED TO TERMINATE AT THE
INTERSECTING END LINES.
AND
A PARCEL OF LAND SITUATED IN PARCEL 2, STONER SUBDIVISION EXEMPTION AND
SITUATED IN THE SE1/4SE1/4 OF SECTION 19, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO;
SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19 (WHENCE THE
WITNESS CORNER TO SAID CORNER, A GARFIELD COUNTY SURVEYOR BRASS CAP
IN PLACE, BEARS S.02°57'22"W. 66.00 FEET); THENCE N.77°59'58"W. 996.85 FEET TO A
POINT ON THE WESTERLY BOUNDARY OF SAID PARCEL 2, THE POINT OF BEGINNING;
THENCE N.03°04'12"W. ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 2 A
DISTANCE OF 61.50 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY
N.74°14'17"E. A DISTANCE OF 20.91 FEET; THENCE S.05°44'46"E. A DISTANCE OF 45.52
FEET TO A POINT ON AN EXISTING GAS EASEMENT SHOWN IN RECEPTION NO. 417759
OF THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE S.84° 15'14"W.
ALONG SAID EASEMENT A DISTANCE OF 10.00 FEET; THENCE CONTINUING ALONG
SAID EASEMENT S.05°44'46"E. A DISTANCE OF 17.17 FEET; THENCE LEAVING SAID
EASEMENT S.74° 14'17"W. A DISTANCE OF 13.67 FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINING 1,179.10 SQUARE FEET OR 0.0271 ACRES, MORE OR LESS.
1.2,2FAIVI1.filit 141111111fiVCILV111141111,4 11111
Reception#: 917411
02/20/2019 10:27:57 AM Jean Alberico
1 of 2 Rec Fee:$18.00 Doc Fee:0.00 GARFIELD COUNTY CO
MEMORANDUM OF SURFACE USE AGREEMENT
WHEREAS, on the/Y. day o 201 the undersigned have entered into that certain
Surface Use Agreement ("Agreement") for R cky Mountain Natural Gas, LLC (RMNG) to conduct
pipeline replacement activities within the following described lands:
Parcel Identification Number (PIN): 239325400285
NWNW Section 25, Township 7 South, Range 87 West and
N% Section 36, Township 7 South, Range 87 West, 6th P.M.
Said Agreement contains all required provisions and agreements as to RMNG's activities and use
of the above-described lands for the installation of a 6 -inch natural gas transmission pipeline and
associated appurtenances on or under the above-described lands.
The Surface Owner signed below acknowledges RMNG's right -of way and easement, per
instrument #416871, and the fact that RMNG will sign and submit any required Garfield County
permits for the above-mentioned activities on the above-described lands, including but not
limited to, a Land Use Change Permit.
This Memorandum is being executed by the undersigned for the primary purpose of recording
and thus advising all interested parties of the existence and validity of such Agreement, the exact
terms and conditions of which are more fully stated in the unrecorded instrument on file with
the respective parties. This Memorandum shall constitute notice to all parties of the existence of
this Agreement as though it was described in total detail herein.
IN WITNESS WHEREOF, said parties have executed this Memorandum as of the date first
hereinabove written.
Surface Owner: Operator:
Rocky Mountain Natural Gas, LLC
NL f l
Dee Blue, Trustee (Name Mav tt /9r✓70
(Title) 5e *a
X11! INCirair.6110] filit IVIMhiki i 2q I h 11111
Reception#: 917411
02/2012019 10:27:57 AM Jean Alberico
2 of 2 Rec Fee:$18.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD
ACKNOWLEDGMENTS
On this day of r eni , 201, before me, the undersigned, a Notary Public in and for
said county and state, personally appeared Pee 131 Tess , known
to me to be the person(s) whose name(s) is/are affixed to the foregoing instrument and
acknowledged the instrument to be his/her/their voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year
last above written.
My Commission Expires
Notary Public
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD
TIMOTHY OLK
Notary Public
State of Colorado
Notary ID # 20164038408
My Commission Expires 10-06-2020
On this iV day oflEOV,IR/ , 201 `/before me, a notary public in andjor said county and state,
personally came the ; above-named, ,9/cdf ARria4 as
S2. M4Aml& eR of Rocky Mountain Natural Gas, LLC, known to me to be the person
whose name is affixed to the above instrument and acknowledged the instrument to be their
voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year
last above written.
My Commission Expires
JOHN KEVIN COMERFORD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184034255
MY COMMISSION EXPIRES 08/28/2022
1111 krs,Ri 11' r i Nfi Mliai l is f hl'r1Ja 101ii 11111
Reception#: 917410
02120/2019 10:27:57 RM Jean Alberico
1 of 2 Rec Fee $18.00 Doc Fee:0.00 GARFIELD COUNTY CO
MEMORANDUM OF SURFACE USE AGREEMENT
WHEREAS, on the id day of & , 2013the undersigned have entered into that certain
Surface Use Agreement ("Agreement") for Rocky Mountain Natural Gas, LLC (RMNG) to
conduct pipeline replacement activities within the following described lands:
5000 County Road 100, Carbondale, CO 81623 in Garfield County, Colorado
Parcel Identification Number (PIN): 239130100210
Section 30, Township 7 South, Range 87 West, 6th P.M.
Said Agreement contains all required provisions and agreements as to RMNG's activities and
use of the above-described lands for the installation of a 6 -inch natural gas transmission
pipeline and associated appurtenances on or under the above-described lands.
The Surface Owner signed below acknowledges RMNG's right -of way and easement, per
instrument #249275, and the fact that RMNG will sign and submit any required Garfield County
permits for the above-mentioned activities on the above-described lands, including but not
limited to, a Land Use Change Permit.
This Memorandum is being executed by the undersigned for the primary purpose of recording
and thus advising all interested parties of the existence and validity of such Agreement, the
exact terms and conditions of which are more fully stated in the unrecorded instrument on file
with the respective parties. This Memorandum shall constitute notice to all parties of the
existence of this Agreement as though it was described in total detail herein.
IN WITNESS WHEREOF, said parties have executed this Memorandum as of the date first
hereinabove written.
Surface Owner:
Felix and Sarah Tornare
(Name)
(Name)
Operator:
Rocky Mountain Natural Gas, LLC
((i7O
Key
(Name
(Title)
1111 Krr'VIli'1liM1.1Witti3Mi'lln i'Vrtf11111
Reception#: 917410
02120/2019 10:27:57 RM Jean Alberico
2 of 2 Rec Fee:$18.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD
ACKNOWLEDGMENTS
MARGARITA M. McDADE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #20154003521
Commission Expires January 28, 2023'
On this I2 day of Folarcr9 , 201g, before me, the undersigned, a Notary Public in and for
said county and state, personally appeared Felix and Sarah Tornare, known to me to be the
person(s) whose name(s) is/are affixed to the foregoing instrument and acknowledged the
instrument to be his/her/their voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and
year last above written.
O/Z3/ 2123
My Commission Expires
STATE OF COLORADO )
COUNTY OF GARFIELD
ss
Notary P blic
On this l day of C3' 0 201'before me, a notary public in and for said county and state,
personally came the : bove-named, (Y19Ktt I 1 V'C71 , as
"17 l9 -C of Rocky Mountain Natural Gas, LLC, known to me to be the person
whose name is affixed to the above instrument and acknowledged the instrument to be their
voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and
year last above written.
My Commission Expires
•
JOHN KEVIN COMERFORD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184034255
MY COMM}SSION EXPIRES 08/2812022
COLORADO
Department of Public
Health b Environment
Dedicated to protecting and improving the health and environment of the people of Colorado
Susan Bailey, VP
Rocky Mountain Natural Gas dba Black Hills Energy
PO Box 668
Palmer Lake, CO 80133
DATE: 2/27/2019
MEMO RE: Certification, Colorado Discharge Permit System
Permit No., COR030000, Certification Number: COR03U973
DIVISION CONTACTS: Joseph Sturgeon, 303-691-4019, Joseph.Sturgeon@state.co.us
ATTACHMENTS: Certification C0R03U973, General Permit, Highlight Sheet, Termination Application
The Water Quality Control Division (the Division) has reviewed the application submitted for the Cottonwood Pass Pipeline
Project facility and determined that it qualifies for coverage under the CDPS General Permit for Stormwater Discharges
Associated with Construction Activities (the permit). Enclosed please find a copy of the permit certification, which was issued
under the Colorado Water Quality Control Act.
FEE INFORMATION: 133.72 acres
An application fee of $270 - 50% of the annual fee) will be assessed for all new applications received between July 1,
2018 and June 30, 2019. Beginning July 1, 2019 an annual fee of $ 540 category 7, subcat - Stormwater Construction > 30
Acres Disturbed per CRS 25-8-502] will be assessed and invoiced every July for as long as the permit certification is in
effect. All certifications terminated prior to July 1, 2018, will not be invoiced the annual fee for the year beginning July
1, 2017.
It is the responsibility of the permittee to submit a termination application when the permit is no longer needed. Fees
are assessed and invoiced for every permit that is active July 1 of the fiscal year. Permits for which termination applications
are received by June 30 of the current fiscal year will not be invoiced for the new fiscal year.
CERTIFICATION RECORDS INFORMATION:
The following information is what the Division records show for this certification.
For any changes to Contacts - Legal, Facility, or Billing - a "Notice of Change of Contacts form" must be submitted
to the Division. This form is also available on our web site and must be signed by the legal contact.
Facility: Cottonwood Pass Pipeline Project GarfieldCounty
Construction Activities
Pipeline and utilities
Legal Contact (receives all legal documentation pertaining to the permit certification):
Susan Bailey, VP Phone number: 719-393-6640
Rocky Mountain Natural Gas dba Black Hills Energy Email: cole.mccluer@blackhillscorp.com
PO Box 668
Palmer Lake, CO 80133
Facility Contact (contacted for general inquiries regarding the facility):
Donald Green,PM Phone number: 970-255-7522
Rocky Mountain Natural Gas LLC Email: donald.green@sourcegas.com
96 CR 160
Glenwood Springs, CO 81601
Billing Contact (receives the invoice pertaining to the permit certification):
Donald Green, PM
Rocky Mountain Natural Gas LLC Email: donald.green@sourcegas.com
96 CR 160
Glenwood Springs, CO 81601
ADMINISTRATIVE CONTINUATION EXPLANATION:
The Division is currently developing a renewal permit and associated certification for the above permitted facility. The development
and review procedures required by law have not yet been completed. The Construction Stormwater General Permit, which expired
June 30, 2012, is administratively continued and will remain in effect under Section 104(7) of the Administrative Procedures Act,
C.R.S. 1973, 24-4-101, et seq (1982 rept. vol. 10) until a renewal permit/certification is issued and effective. The renewal for this
facility will be based on the application that was received 2/20/2019 All effluent limits, terms and conditions of the administratively
continued permit are in effect until the renewal is complete.
Phone number: 970-255-7522
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickenlooper, Governor Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer 1
COLORADO
Department of Public
Health & Environment
CERTIFICATION TO DISCHARGE
UNDER
CDPS GENERAL PERMIT COR -0300000
STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES
Certification Number: COR03U973
This Certification to Discharge specifically authorizes:
Rocky Mountain Natural Gas dba Black Hills Energy
to discharge stormwater from the facility identified as
Cottonwood Pass Pipeline Project
To the waters of the State of Colorado, including, but not limited to:
- Roaring Fork River
Facility Activity :
Pipeline and utilities
Disturbed Acres: 133.72 acres
Facility Located at: Hwy 82 and Roaring Fork Ave Carbondale CO 81623
Garfield County
Latitude 39.40955 Longitude -107.16509
Specific Information
(if applicable):
Certification is issued and effective: 2/27/2019
Expiration Date: This authorization expires upon effective date of the General Permit COR030000 renewal unless
otherwise notified by the division.
*ADMINISTRATIVELY CONTINUED
This certification under the permit requires that specific actions be performed at designated times. The certification
holder is legally obligated to comply with all terms and conditions of the permit.
This certification was approved by:
Meg Parish, Unit Manager
Permits Section
Water Quality Control Division
*explanation of Admin Continued in cover letter
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe/wqcd
John W. Hickenlooner. Governor I Larry Wolk. MD. MSPH. Executive Director and Chief Medical Officer
CO
Ziska Childs
0284 CR 102
Carbondale, CO 81623
ziska@ ziskachilds.com
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE:
March 8, 2019
Staging Area on Childs Property
To Whom It May Concern:
As the landowner of 0284 CR 102, Carbondale CO 81623, PIN: 239120300132, I am authorizing
Rocky Mountain Natural Gas, LLC (RMNG) and their contractor to locate a 100 -ft by 200 -ft Staging
Area on my property adjacent to their 50 -ft pipeline ROW that extends through my property.
This letter is my formal notification to Garfield County Community Development Department of
my intent to use the Staging Area for my own personal uses once RMNG's need of the area ceases
at the end of this construction project. Therefore, I have informed RMNG to leave the area fenced
and not reclaimed on my property.
If the County has any questions concerning this matter, I can be contacted at the email provided
above.
Sincerely,
Ziska Childs
STATE OF COLORADO
County of G q t4 i d.
fir looping Mum* ass a skroa iipd Ianwean '>/gii PAWN t SKuk C i d 5.
10/17/2010 Osraission Woos
WWI PON
SEAN
Notary Public
Notary ID
My Commission
CONNORS
- State of Colorado
20164039616
Expires Oct -17, 2020
Reception#: 917600
02/26/2019 12:58:15 PM Jean Rlberico
1 of 2 Rec Fee:$18.00 Doc Fee:0.00 GARFIELD COUNTY CO
MEMORANDUM OF SURFACE USE AGREEMENT
WHEREAS, on the 11-1 day of le P. , 2011 the undersigned have entered into that certain
Surface Use Agreement ("Agreement") for Rocky Mountain Natural Gas, LLC (RMNG) to
conduct pipeline replacement activities within the following described lands:
393 County Road 102, Carbondale CO 81623
Parcel Identification Number (PIN): 239117303010
Sections 17 & 20, Township 7 South, Range 87 West, 6th P.M.
Said Agreement contains all required provisions and agreements as to RMNG's activities and
use of the above-described lands for the installation of a 6 -inch natural gas transmission
pipeline and associated appurtenances on or under the above-described lands.
RMNG is authorized by the Surface Owner signed below to sign and submit any required
Garfield County permits for the above-mentioned activities on the above-described lands,
including but not limited to, Land Use Change Permit.
This Memorandum is being executed by the undersigned for the primary purpose of recording
and thus advising all interested parties of the existence and validity of such Agreement, the
exact terms and conditions of which are more fully stated in the unrecorded instrument on file
with the respective parties. This Memorandum shall constitute notice to all parties of the
existence of this Agreement as though it was described in total detail herein.
IN WITNESS WHEREOF, said parties have executed this Memorandum as of the date first
hereinabove written.
Surface Owner:
a G S-� lti.r
(Name)
SIA'
(Name)
Operator:
Rocky Mountain Natural Gas, LLC
(Name filar /1-414)1�
(Title) s-..44ait%e-f
1111 Rid kivilIM MAN MC 11111
Reception#: 917600
02/26/2019 12:58:15 PM Jean Rlberico
2 of 2 Rec Fee:81B.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD
ACKNOWLEDGMENTS
On this /4 day of 201_, before me, the undersigned, a Notary Public in and for
said county and state, Pers` nally appeared Aa.M/Q.cn 5-17_6 (24 — --- , known
to me to be the person(s) whose name(s) is/are affixed to t foregoing instrument and
acknowledged the instrument to be his/her/their voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and
year last above written.
u h f 2O(
My Co mission Expires
STATE OF COLORADO )
COUNTY OF GARFIELD
ss
)
LIYIN F MCBRAYER
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20074025496 i
MY COMMISSION EXPIRES JUL 2, 2019 I
On this L_" day of , 201_ before me, a notary public in and for s id county and state,
personally came the above-named, MuuK M ,tv(? 4t v' y\ &1 , as
5- Arita JV of Rocky Mountain Natural Gas, LLC, known to me to be the person
whose name is affixed to the above instrument and acknowledged the instrument to be their
voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and
year last above written.
t'a1 /2 -CZ )
My CommissYon Expires
GUSTAVO HURTADO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134032755
+>�V rOMMISSION EXPIRES JUNE 12, 2021