Exhibits for Public Hearing held on April 18, 2005

Exhibit Letter Exhibit (A toZ)

A Mail Receipts B Proof of Publication c Garfield County Zoning Regulations of 1978, as amended D Application materials E Staff Memorandum F Letter from US Anny Corps of Engineers dated 4/11/05 G Email from Road and Bridge Department dated 4/12/05 H Email from Applicant to Planning Staff dated 4/5/05 I Email from County Oil & Gas Auditor dated 4/5/05 J Supplement Information Packet from Applicant dated 4/8/05 K Memo from the County Vegetation Manager dated 4/6/05 L BLM "STIPULATIONS for Natural Gas Pipeline"

BOCC 04/18/05 FJ

PROJECT INFORMATION AND STAFF COMMENTS

REQUEST

APPLICANT

REPRESENTATIVE

LOCATION

SITE DATA

ACCESS

ZONING

SURROUNDING ZONING

Special Use Permit for "Material Handling of Natural Resources" for a 6-inch natural gas line

Crescendo Energy, LLC

Cordilleran Compliance Services, Inc.

The property is generally located in the far southwest corner of Garfield County in Township 8 South and Range 104 West near West Salt Creek off of County Road 201 (Baxter Pass Road)

Approximately 1 mile of a 6-inch natural gas line crossing 1 private property

CR 201 (West Salt Creek Road)

ARRD

OS (BLM)

·-;- - ·-----~ . ::

I. GENERAL DESCRIPTION OF THE PROPOSAL Crescendo Energy, LLC submitted a request for a Special Use Permit (SUP) for "Material Handling of Natural Resources" to install a high pressure 6-inch pipeline (gathering line) to convey unprocessed natural gas from the San Arroyo Plant in Utah to the South Canyon Compressor Station ia Garfield Cmrnty. The entire proposed pipeline is 10.2 miles long with half of the line being in Utah and the other half in Garfield County. Of the portion in Garfield County, approximately 5,000 linear feet crosses one private property with the remaining portion being located on BLM land. The pipeline is expected to handle a volume of 8,000 mmscf/d. The proposed gas line will be installed in anfexisting pipeline corndofl The right-of-way easement in place with the private property owner is a 50-foot temporary easement with an additional 25 feet if needed which will revert to a 25 foot permanent easement post construction. This work area represents approximately 6 to 9 acres of site disturbance.

The proposed route that crosses private property is a property owned by the Flannigan Family which is zoned Agricultural I Residential/ Rural Density (ARRD). The necessary right-of-way (ROW) grants across BLM and an easement across the private property have already been obtained and submitted with the application. It is for this 5,000 linear-foot segment crossing private property that a SUP is sought for "Material Handling of Natural Resources" and is the subject of this application. For your reference, the County's zoning map on the front cover of this memorandum shows the location of the subject property which is located in the far southwest corner of the County outlined with a black box. The map below shows the entire route of the pipeline.

[As you will recall, on March 8111, 2005, the Board determined not to refer the application to the

Planning Commission due to the extreme remote location of the pipeline location, limited nature of potential impacts, non-existence of residential dwellings within at least five miles of the pipeline, the location within an existing pipeline corridor, and the fact that the property is entirely surrounded and isolated by very large tracts of BLM land.]

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II. REFERRALS Staff referred the application out to the following review agencies and /or County Departments:

a. Garfield County Oil & Gas Auditor: Provided comments related to the need to obtain a road cut across CR 201, revegetation of the corridor, and how discharging of the hydro­testing water will occur. (See Exhibit I)

b. County Vegetation Management Director: Provided comments regarding revegetation seed mix and potential security, on-going weed control, and requirement for certified weed-free straw bales used for sediment control measures. (See Exhibit K)

c. Garfield County Road & Bridge Department: Indicated a road cut would be required at the time the pipeline construction reached the County Road. (See Exhibit G)

d. US Army Corps of Engineers: Commented that any discharge of fill or dredged material into waters of the US shall require a 404 permit from the Corps. (See Exhibit F)

e. Garfield County Sheriff's Department: Indicated they had no comments or concerns.

III. GARFIELD COUNTY ZONING RESOLUTION As required in the County's Zoning Resolution, special uses shall adequately address the following three review criteria from Section 5.03, 5.03.07 and 5.3.08:

Section 5.03

( 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use;

Staff Response The pipeline itself does not require any permanent water or sanitation service for its operation. However, water will be used to I) hydrostatically test the line once constructed as well as 2) for dust control during the construction of the line. The application states that the water source is provided by way of a permit (COOi) granted by the Ute Water Conservancy District in Grand Junction, CO. The hydrant is located at the 10 Road and Highway 6/50 Fill Station in Mack, Mesa County, CO. The application states that water users report their usage and pay an invoice based on that usage. Once the line has been constructed, tested, and regrading I recontouring of the right-of-way has been completed, no further water service is needed. The application states that portable toilets will be used on a temporary basis during the 90-day construction phase then be removed once the project is completed. Staff finds this standard is met.

(2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use;

Staff Response Access to the property will be provided by Baxter Pass Road (CR 201) which is a dirt I gravel road that is minimally maintained by the Road and Bridge Department. The application states that the anticipated traffic volume during construction is approximately 25 vehicles a day. Once the project is completed, approximately 5 vehicles per month would travel the county road to inspect and maintain the pipeline. The traffic counts compiled in 2002 indicate that Baxter Pass

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Road is relatively untravelled showing an average daily count of 45 trips per day. The Applicant commits that roads used for the project would be maintained and/or repaired as necessary to conditions equal to or better than those which existed prior to project-related use. The proposed ~ne crosses CR 201 near its terminus at the South Canyon Compressor Statio_!).

The Road and Bridge Department provided the following comments:

I) The Applicant shall be required to obtain aEoad cut I bore permitj to cross the county road; and

2) Since the County only blades this road twice a year, there might also be som~ dust issues \ and some road maintenance issues ult of this additional traffic. As a result, we might need them to el wi h f the road and also be res onsible for e flmhffifjprnssaRt.~

(3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character;

Staff Response The project area is located in an extremely remote, relatively uninhabited portion of the county primarily characterized as open range covered in sage brush vegetation. There are no residential uses within 5 miles of the subject site as it is entirely surrounded by very large tracts of BLM lands on all sides. The Applicant proposes to reuse an existing pipeline corridor. Staff finds the reuse of an existing pipeline corridor I right-of-way is preferred to cutting and clearing out an entirely new pipeline corridor altogether. Once the pipeline has been installed, the Applicant commits to appropriate revegetation measures to minimize the visual impact of the line installation which will be the same measures taken for the revegetation on portions of the pipeline that cross the BLM land. The application states that there is no need for screening as the pipeline will be buried. The only proposed signage will be limited but installed along the route to indicate the presence of the line under ground and no lighting is proposed. Staff finds the project will not result in a loss of neighborhood character.

Section 5.03.07 Industrial Operation Industrial Operations, including [but not limited to] extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided:

1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One ( 1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following:

a) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water;

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Staff Finding The application states that water will be purchased from the Ute Water Conservancy District in Grand Junction, CO. The hydrant is located at the 10 Road and Highway 6/50 Fill Station in Mack, Mesa County, CO. The application states that water users report their usage and pay an invoice based on that usage. The water will be used to I~ hydrostatjcally test the luff once constructed as well as 20 be used fo( dust controlJ!uring the construction of the line.

The Applicant received a Colorado Discharge Permit for Stormwater from the Colorado Department of Public Health and Environment (CDPHE) under the Colorado Water Quality Control Act. In addition, they submitted a Stormwater Management Plan to CDPHE which is intended to assist the Applicant in obtaining stormwater management permits as well as comply with Federal and State stormwater discharge regulations. This plan governs stormwater management on the 28 acres to be disturbed in Garfield County (of which, only \4 is private land). The goal of the plan is to improve water quality by reducing pollutants in storm water discharges. In Garfield County, the proposed line will cross the Prairie Canyon and West Salt Creek which are ephemeral streams and flow only following infrequent torrential rainfall events. This plan is intended to provide appropriate mitigation to manage stormwater flow during these events.

On the subject property, there are several ephemeral stream crossings which will not be buried crossings or require cut or fill. The Applicant has submitted applications to the US Corps of Engineers for use of an existing road along the corridor that travels through one drainage that will need a culvert. This permit, probably a Nationwide Permit, will be issued and submitted to Staff as a requirement of any approval provided by the Board.

b) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations;

Staff Finding The use of the pipeline itself will not generate any vapor, dust, smoke, noise, glare or vibration. During construction and installation of the line, noise levels will increase as a result of heavy equipment during daylight hours but will cease once construction is complete. The Applicant received an exemption from the APEN permit from CDPHE and also states that the right-of-way will be watered on a routine basis as needed to control fugitive dust emissions during construction. Should the Board a , Staff suggests the Applicant should be required to adhere to a ugitive Dust Control Plan as a condition of approval so that fugitive dust can be properly mitigated during construction. Staff suggests this dust plan also apply to dust generated on CR 201 as a result of increased traffic trips during construction of the pipeline.

Staff also suggests that no burning or open fires shall be allowed during construction of the project and that the Applicant submit a Fire Prevention and Suppression (Fire) Plan to be implemented to minimize the risk of fire danger and, in case of fire, provide for immediate suppression.

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c) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns- or other disruptions;

Staff Finding The project includes cutting, clearing, and/or removal of existing vegetation for the 50 foot right-of-way. This impact appears to be less significant due to the fact that this is an existing pipeline corridor that is in the process of revegetation rather than clearing away more mature I virgin native vegetation. The Applicant commits to revegetate the right-of-way so that vegetative cover, nesting, and forage will return to pre-construction levels. The pipeline, since it is buried, will not result in the creation of hazardous attractions, blockade of migration routes or use patterns. Staff suggests the Board require the Applicant to submit the revegetation plan for the corridor to be approved by Steve Anthony prior to the issuance of the SUP.

d) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County;

Staff Finding Traffic will increase on CR 201 during construction of the pipeline by the addition of 25 trips per day. It will be significantly reduced once the project is complete and the line has been installed to 5 trips per month for pipeline inspection and maintenance. As stated earlier, access to the property will be provided by Baxter Pass Road (CR 201) which is a dirt I gravel road that is minimally maintained by the Road and Bridge Department. The traffic counts compiled in 2002 indicate that Baxter Pass Road is relatively untravelled showing an average daily count of 45 trips per day. The Applicant commits that roads used for the project would be maintained and/or repaired as necessary to conditions equal to or better than those which existed prior to project-related use. The proposed line crosses CR 201 near its terminus at the South Canyon Compressor Station.

The Road and Bridge Department provided the following comments:

1) The Applicant shall be required to obtain a road cut I bore permit to cross the county road; and

2) Since the County only blades this road twice a year, there might also be some dust issues and some road maintenance issues as a result of this additional traffic. As a result, we might need them to help with the grading of the road and also be responsible for some dust suppressant.

e) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s);

Staff Finding The proposed pipeline will be located in an existing pipeline corridor on land which is characterized as open rangeland in an arid high plateau region of western Colorado. The pipeline is located in an area that will not damage abutting property as the adjoining land has the same use and character. Further, the project is located within an existing gathering field

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and pipelines, well pads, and aboveground appurtenances are already located within and adjacent to the project area.

2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following:

a) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued;

b) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners;

c) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution.

Staff Finding The Applicant submitted the "Sti ula i this project which specifically includes a com rehensive component an reve elation a r habilitation measures or the pipeline corridor once construction has been completed. These measures include plans for post construction cleanup as well as a plan for regrading the disturbed right-of-way followed by an extensive revegetation plan. In addition, the Plan of Development (POD) contains the following revegetation I site rehabilitation components:

I) Every attempt will be made to seed disturbed areas within 24 hours of completing topsoil replacement and installation of permanent soil erosion and sediment control measures. If an area is not seeded within 24 hours of topsoil replacement, the seed will need to be incorporated into the soil.

2) All disturbed areas will be reseeded with the appropriate seed mix and rates by vegetation type as determined by the BLM. Seed mixes will be purchased from commercial seed vendors and must be state-certified weed-free mixtures. Seed bag tags will be collected and submitted to the BLM to confirm that the seed was purchased from a commercial seed vendor and was tested and certified. Seeding rate will be listed as pounds per acre of pure live seed (PLS). The ELM-approved seed mixes for this project are listed in the stipulations attached to the Right-of-Way Grant.

3) Seed will be placed in direct contact with the soil at an average depth of 0.5-inches, covered with soil, and firmed to eliminate air pockets around the seeds. Seed will be applied using a rangeland seed drill with a seed release and agitation mechanism sufficient to allow seeds of various sizes and densities to be planted at the proper seeding depth. Broadcast seeding will be employed only in areas where drill seeding is unsafe or physically impossible. Broadcast application rates will be twice that of drill rates. Immediately after broadcasting, the seed will be uniformly raked, chained, or dragged to

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incorporate seed to a sufficient seeding depth. If the area is seeded prior to a soil crust forming (within 24 hours of topsoil replacement), harrowing or raking may not be necessary. Fall seeding would be completed after September I and prior to prolonged ground frost. If necessary, spring seeding will be completed when the ground thaws and prior to May 15.

The County Vegetation Manager reviewed the proposal and provided the following comments on the revegetation plan and commitment to security:

I) The Applicant shall post a re vegetation security for the portion of the pipeline that is not on Bureau of Land Management property. The Applicant shall provide the area of disturbance (in acres) to the County Vegetation manager in order to determine the amount of the security. This may be in the form of a letter of credit, if deemed appropriate by the County Attorney's Office, or the funds may be deposited with the County Treasurer. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan;

2) Any straw bales that are used as sediment barriers need to be certified as weed-free; and

3) It is requested that the applicant respond to any complaints by landowners either private or public, regarding pipeline noxious weeds in a timely manner. Weed problems on pipelines tend to occur after there is maintenance activity on a section of pipeline and the ground has been disturbed. The Colorado Noxious Weed Act and the Garfield County Weed Management Plan require management of listed noxious weeds.

Section 5.03.08 Industrial Performance Standards All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards:

1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made.

2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located;

3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards;

4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision;

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Staff Finding The pipeline itself will not result in the production of vapor, heat, glare, radiation or vibration. During construction, the will be an increase in noise levels due to operation of heavy equipment during daylight hours which will cease after construction is complete. The Applicant commits that all volume of sound generated from this project will comply with the standards set forth in the Colorado Revised Statutes at all times.

Dust will be generated during the construction portion of the project but can be minimized by an appropriate Fugitive Dust Control Plan. The Applicant received approval from the CDPHE Air Pollution Control Division for the project which stated that the proposed activity is exempt from permit requirements because it will generate less than 5 tons of Particulate Matter (PMlO) per year in an attainment area. The letter does state that, while the project is exempt, the Applicant is still required to meet all applicable standards and regulations of the Air Quality Control Commission, including visible emissions shall not exceed 20% opacity and no off property transport guidelines of Regulation No. I, Section 111.D.2.b. Lastly, Staff suggests that no burning or open fires will be allowed during construction of the project.

5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas:

a) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes;

b) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property;

c) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces;

d) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards:

i. The minimum lot size is five (5) acres and is not a platted subdivision. ii. The equipment storage area is not placed any closer than 300 ft. from any existing

residential dwelling. iii. All e9uipment storage will be enclosed in an area with screening at least eight (8)

feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods.

iv. Any repair and maintenance activity requiring the use of equiement that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 J?.m., Mon.-Fri.

v. Loading and unloading of vehicles shall be conducted on pnvate property and may not be conducted on any public right-of-way.

e) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size.

f) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property.

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Staff Finding The proposal does not include the permanent storage of any materials or equipment on any part of the pipeline right-of-way.

The project is not located within 300 feet of any residential dwelling and is not located within any platted subdivisions. Screening does not need to be installed because these areas are temporary use areas and not long-term equipment storage yards. Equipment shall be maintained during daylight hours and will not require lighting.

Because the construction of the project requires the use of certain potentially hazardous materials such as gasoline, diesel fuel, lubricating oils, hydraulic fluids, paints, and solvents, Staff suggests that these materials be stored in a construction stora e ard and not on the right-of-way. Further, Staff suggests the Applicant submit a S ill Prevention, Containment an ountermeasure Pl at addresses the transportation, storage, inventory and disposal of a 1 hazardous materials on the right-of-way.

6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin.

Staff Finding The Applicant is required to co.nstruct and operate the use within the parameters set out in the Colorado General Construction Stormwater Permit, the Colorado Dewatering Industrial Wastewater Discharge Permit, and any US Army Corps of Engineers permits as may be required. The Applicant submitted a Stormwater Management Plan which contains very specific measures using best management practices that are intended to reduce I eliminate the risk of stormwater, erosion, and sediment pollution. As stated above to minimize risk to groundwater contaminat10n durmg the project. Staff suggests the Applicant submit a Spill Prevention, Containment and Countermeasure Plan that is specifically intended to protect any p~ential impacts to groundwater.

Additional Permits The County recently changed its requirements so that the various local, state, and federal permitting processes can occur at the same time rather than requiring that they all be delivered to the County "in-hand" as part of our review for our Special Use Permit. As a result, note that the following additional permits required for the project have been awarded to the project.

I) Colorado Department of Public Health and Environment a. Colorado General Construction Stormwater Permit b. Colorado Construction Dewatering Permit c. Colorado Air Emissions Permit

2) Bureau of Land Management a. Right-of-Way Grant with Stipulations and Notice to Proceed

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3) Surface Use Agreement a. Agreement providing permission to cross private property

The Applicant remains obligated to obtain and provide this office with copies of the following permits for the project:

I) U.S. Army Corps of Engineers: Nationwide Permit 2) Garfield County Road and Bridge Department: Road Crossing Permit

IV. SUGGESTED FINDINGS

I. That proper public notice was provided as required for the hearing before the Board of County Commissioners.

2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting.

3. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County.

4. That the application is in conformance with Section 5.03, 5.03.07, and 5.03.08 of the Garfield County Zoning Resolution of 1978, as amended.

V. STAFF RECOMMENDATION Due to the extreme remote location of the pipeline location, limited nature of potential impacts, non-existence of residential dwellings within at least five miles of the pipeline, the location within an existing pipeline corridor, and the fact that the property is entirely surrounded and isolated by very large tracts of BLM land, Staff recommends the Board approve the proposed Special Use Permit for "Material Handling of Natural Resources" with the following conditions:

I. That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be considered conditions of approval, unless specifically altered by the Board of County Commissioners.

2. Prior to the issuance of the Special Use Permit, the Applicant shall submit a "Road Crossing Permit" issued by the Garfield County Road and Bridge Department for crossing CR 20 I to the County Building and Planning Department.

3. Staff suggests the Board require the Applicant to submit the revegetation plan for the corridor to be approved by the County Vegetation Manager prior to the issuance of the SUP.

4. The Applicant shall ensure that copies of the following plans are kept at the work ~ during the entire construction of the pipeline:

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a. Fugitive Dust Control Plan; b. Stormwater Management Plan; and c. Fire Prevention and Suppression Plan rt n ,_ . ~ d . .Spill Prevention, ContaiH1t1e11:t and Cuunte!measure Plan - ~wt~ ,~·v---

5. The Applicant shall comply with the following conditions asserted by the County Road and Bridge Department:

a. The Applicant shall obtain a road crossing permit for CR 201;

b. Dust control shall be required as needed at the discretion of the road foreman on the roads impacted by the equipment used in the construction of the pipeline. Damage to the surface of the roads shall require replacement or reconstruction for that portion of the damaged road to an as good or better condition than pre-project condition.

c. All vehicles used in the construction of the pipeline shall abide by the County's over size I weight permit system and follow approved haul routes to move equipment and materials to the job site. Prior to the commencement of the project, a supervisor with the construction company for the project shall meet with Garfield County Road and Bridge Department to be advised of these requirements prior to starting the project.

6. Because weed problems on pipelines and their revegetated corridors tend to occur after there is maintenance activity on a section of pipeline and the ground has been disturbed, the Applicant shall respond to any complaints by landowners either private or public, regarding noxious weeds in a timely manner.

7. During revegetation, the Applicant shall submit the tags from the bags containing the approved and certified seed mix for verification that the seed mix used in the field on the corridor is acceptable. Thes~hall be submitted to the County Vegetation Manager.

8. Prior to the issuance of the Special Use Permit, the Applicant shall post a reveg@tatioa .securit:i: for the portion of the pipeline on private property in the amount to be determined by the County Vegetation Manager. This may be in the form of a letter of credit, if deemed appropriate by the County Attorney's Office, or the funds may be deposited with the County Treasurer. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan.

9. Regarding stormwater, erosion and sediment control measures, the Applicant shall only use straw bales as sediment barriers so long as they are certified as weed-free.

10. Prior to the issuance of a Special Use Permit, the Applicant shall submit the following approved permits to the County Building and Planning Department:

a. Garfield County Road and Bridge Department: Road Crossing Permit b. US Army Corns of Engineers: Nationwide Permit

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11. The Applicant shall comply with the following Industrial Performance Standards in Section 5.03.08 of the Garfield County Zoning Resolution of 1978, as amended including:

a. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes;

b. Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located;

c. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; and

d. Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision.

12. The conditions listed in the document entitled "STIPULATIONS for Natural Gas Pipeline" (included herein as Exhibit L) shall be considered conditions of approval as applied by the Board of County Commissioners to the pipeline route across privately owned ground.

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DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO

CORPS OF ENGINEERS

EXHIBIT

F

REPLY TO ATTENTION OF

1325 J STREET

SACRAMENTO, CALIFORNIA 95814-2922

April 11, 2005 RECEIVED

Regula tor y Branch (200575191)

Mr. Fred Jarman Garfield County Building and Planning Department 108 8th Street, Suite 201 Gl enwoo d Springs, Colorado 81601

Dear Mr . Jarman:

APR 1 3 2005

GARFIELD COUNTY BUILDING & PLANNING

I a m responding to your written request for comment on the Crescendo Energy, LLC, 6- i nch natural gas line proj ect . The proj ect is located at West Sal t Creek within Section 4, Township 8 South, Range 104 We s t, La t itude 39° 23' 52.7", Longi t ude 108° 59 ' 37.1 ", Garfield County, Colorado .

In accordance with Sec t ion 404 of the Clean Water Act, a De p a rtment o f the Army per mit is requi r ed prior to commenc i ng any discharge (including mechan ized land clear ing) of dredged or fill material in waters of the Un ited States . Waters of the Uni ted States include the territorial seas ; perennial , intermittent, and eph e mera l streams; l a kes , ponds , impoundments ; and we tlands . For more informat i o n about the permit program, please vis it our website referenced below .

Please refer to identification number 200575191 in corresponde nce concerning t hi s p r o j ect . I f you have any questions, please cont act me at the address below, email Mark.A.Gilfillan@usace.army .mil o r t elephone 970-243-1199, e x tens i o n 15 . You may a l so use ou r website : www . spk . u sace . army .mil/regulator y. html .

Copy furn ished :

Sincerely,

M':!:cf lfiq1L Regulatory Project Manager Colorado/Gunnison Basin

Regul atory Of f ice 400 Rood Avenue, Room 142 Grand Junction, Colorado 81501 - 2563

Mr . Mark Bean, Garfield County, 108 8th Street, Sui te 20 1 , Glenwood Springs , Colorado 8160 1

)

Fred Jarman ·-·-···· -·-· -·-

From: Mike Vander Pol

Sent:

To:

Tuesday, April 12, 2005 2:29 PM

Fred Jarman

Subject: Cresencio Energy, LLC

West Salt Creek, CR 201

Fred;

They will need to apply for a road crossing permit.

EXHIBIT ) j ti

There might also be some dust issues and some road maintenance issues. The County only blades this road twice a year and with this additional traffic, we might need them to help with the bladeing of the road and also responsible for some dust suppressant.

All other issues with the road crossing will be dealt with the road cut permit.

Thanks

Kraig

411212005

Fred Jarman From: Sean Norris [seannorris@cordilleran.biz]

Sent: Tuesday, April 05, 2005 5:08 PM

To: Fred Jarman

Subject: RE: Questions

Sean T. Norris

Senior Project Geologist

From: Fred Jarman [mailto:fredjarman@garfield-county.com] Sent: Tuesday, April 05, 2005 9:30 AM To: Sean Norris Subject: Questions

Hello Sean,

In my review of the Crescendo application, I am in need of a few items:

1 ) Revegetation Plan for ROW

EXHIBIT

j \-+

The revegetation plan is stipulated by the BLM. The private property will be handled under the same plan. will enclose a section from the Plan of Development which discusses the revegetation .

2) Water Contract with Ute Water Conservancy District

There is no contract with Ute Water. The fill station is basically an honor system. Area residents fill small pickup tanks and Crescendo's water hauling contractor fills a tanker truck at the fill station. Everyone reports their usage and pay an invoice based on that report.

3) Permit from CDPHE regarding site disturbance of 1-acre or greater

Crescendo has received a Colorado Discharge Permit for Stormwater. I will make a copy of the cover letter and include it in the package.

4) Storm Water Management Plan (CDPHE)

Colorado State law requires a plan be prepared for the above permit. I'll make an extra copy so you can have one.

5) Fire protection plan

I'll include a copy of the fire protection plan also.

6) Fugitive Dust Control Plan

Crescendo received an exemption from the APEN permit from CDPHE. A copy of the letter will be attached.

7) Any Army Corps permits

COE permits are being filed and as yet we have no documents to make copies of.

8) Surveyed schematic of ROW on private ground

Alignment sheets (2) of the east end of the pipeline will be included in the package. BLM and Flanigan

41612005

property is clearly marked on the two sheets.

I need these as soon as possible.

Thanks, Fred

Fred A. Jarman, AICP Assistant Planning Director Garfield County Building and Planning Department 1 08 8th Street, Suite 201 · Glenwood Springs, Colorado 81601 970.945.8212 www.garfield-county.com

4/6/2005

Page 2 of 2

Fred Jarman

From:

Sent:

To:

Doug Dennison

Tuesday, April 05, 2005 1 :14 PM

Fred Jarman

Subject: SUP - Crescendo Energy 6-inch Pipeline

Fred,

EXHIBIT

I :r

I have reviewed the Special Use Permit application for the subject project and have the following comment:

It appears that this pipeline will be crossing Garfield County Road 201 , however, there is no mention in the application of the need for obtaining a permit from the Road & Bridge Department for either cutting or boring under the road.

Under 5.03.07, Industrial Operations, paragraph (1 )(A), I would recommend that the applicant also address how the water used for hydrostatic testing will be disposed of at the completion of testing (e.g., discharge).

Under 5.03.07, Industrial Operations, paragraph (2)(A), I would recommend that the applicant also address steps that will be taken to control noxious weeds along the pipeline ROW.

If you have any questions regarding my comments, please let me know. Thanks.

Doug Dennison Garfield County Oil & Gas Liaison mailto:ddennison@garfield-county.com (970) 625-5691 cell (970) 309-5441 fax (970) 625-0908

4/5/2005

Page 1of2

Fred Jarman

From: Doug Dennison

Sent: Wednesday, April 06, 2005 3:45 PM

To: Fred Jarman

Subject: FW: SUP - Crescendo Energy 6-inch Pipeline

Fred,

I don't have any problem with Sean's responses to these emails. One thing that did occur to me though is that it appears from his responses and from other places in the application that they intend to use the BLM reclamation standards on the private land also. It might be wise to ask them to simply state that in the application. Thanks.

Doug Dennison Garfield County Oil & Gas Liaison mailto:ddennison@ garfield-county.com (970) 625-5691 cell (970) 309-5441 fax(970)625-0908

From: Sean Norris [mailto:seannorris@cordilleran.biz] Sent: Tuesday, April OS, 2005 3:08 PM To: Fred Jarman Cc: Doug Dennison Subject: RE: SUP - Crescendo Energy 6-inch Pipeline

Please see responses within Doug's e-mail

Sean T. Norris

Senior Project Geologist

From: Fred Jarman [mailto:fredjarman@garfield-county.com] Sent: Tuesday, April 05, 2005 2:28 PM To: Sean Norris Subject: FW: SUP - Crescendo Energy 6-inch Pipeline

Sean, Please also see the points that need to be addressed from Doug Dennison. Please provide a response to these and email it to me at you earliest convenience.

Thanks

-----Original Message----­From: Doug Dennison Sent: Tuesday, April 05, 2005 1:14 PM To: Fred Jarman Subject: SUP - Crescendo Energy 6-inch Pipeline

Fred,

4/6/2005

Page 2 of2

I have reviewed the Special Use Permit application for the subject project and have the following comment:

It appears that this pipeline will be crossing Garfield County Road 201, however, there is no mention in the application of the need for obtaining a permit from the Road & Bridge Department for either cutting or boring under the road.

Cordilleran has been in touch with the Garfield County Road Department Area Supervisor. They have indicated that a road crossing permit may be obtained in a short notice from them via a meeting in the field. Cordilleran has not applied for that road crossing permit as Crescendo felt that the CUP needed to be obtained first. A permit will be obtained before any disturbance of the County Road occurs. Cordilleran was waiting for the bid to be awarded to a contractor so that they could be available for a meeting with Garfield County Road Department. A contractor has just been selected and a meeting will soon be arranged.

Under 5.03.07, Industrial Operations, paragraph (1 )(A), I would recommend that the applicant also address how the water used for hydrostatic testing will be disposed of at the completion of testing (e.g., discharge).

Cordilleran is applying for a MINDI discharge permit from the State of Colorado for hydrostatic testing water discharge. A copy of that permit will be forwarded to Garfield County when it is received. The timing of the State approval is beyond Cordilleran's control so a delivery date is unknon.

Under 5.03.07, Industrial Operations, paragraph (2)(A), I would recommend that the applicant also address steps that will be taken to control noxious weeds along the pipeline ROW.

Noxious weeds will be controlled along the entire ROW as stipulated in the BLM stipulations attached to the Right-of-Way Grant. In addition, equipment will arrive on the right-of-way clean and free of mud from other construction projects. After reclamation, monitoring and treatment of any infested areas will be conducted as specified in the BLM stipulations.

If you have any questions regarding my comments, please let me know. Thanks.

Doug Dennison Garfield County Oil & Gas Liaison mailto:ddennison@ garfield-county.com (970) 625-5691 cell (970) 309-5441 fax (970) 625-0908

41612005

~ CORDILLERAN

Grand Junctior T:

April 8, 2005

Fred Jarmin Garfield County Planning and Zoning I 08 81

" Street, Suite 20 I Glenwood Springs, CO 81601

Re: Crescendo Energy SUP items

Fred,

RECEIVED APR I I 2005

GAKr ti::LD COUNTY BUILDING & PLANNING

The following is a list of items from your April 5th e-mail request for further information:

1) Revegetation Plan for ROW 2) Water Contract with Ute Water Conservancy District 3) Permit from CDP HE regarding site disturbance of 1-acre or greater · 4) Storm Water Management Plan (CDP HE) 5) Fire protection plan 6) Fugitive Dust Control Plan 7) Any Army Corps permits 8) Surveyed schematic of ROW on private ground

Enclosed are copies of the following items from your request:

I) Revegetation Plan for ROW

F: 9·,_----~

Exhibit B, Stipulations for Natural Gas Pipeline, ROW# COC68236, item 12 discusses the reclamation for the BLM tracts which will also be followed for the private property. Also attached is an excerpt regarding revegetation from the Plan of Development for the pipeline.

2) Water Contract with Ute Water Conservancy District

There is no contract with Ute Water. The fi ll station is basically an honor system. Area residents fill small pickup tanks and Crescendo's water hauling contractor tills a tanker truck at the fill station. Users report their usage and pay an invoice based on that report.

3) Permit from CDPHE regarding site disturbance of I-acre or greater

Crescendo has received a Colorado Discharge Permit for Stormwater. Enclosed is a copy of the permit letter.

4) Storm Water Management Plan (CDPHE)

Enclosed is a copy of the Stormwater Management Plan.

5) Fire protection plan

Enclosed is an excerpt from the Crescendo Energy Health and Safety Plan with respect to fire protection and prevention.

Cordilleran Compliance Services, Inc. Grand Junction, CO • Denver, CO • Casper, WY• Laramie, WY

Environmental Consulting Engineers and Scientists

6) Fugitive Dust Control Plan

Crescendo received an exemption from the APEN permit from CDPHE. A copy of the letter is attached. The ROW will be watered on a routine and as needed basis to control fugitive dust emissions during the construction.

7) Any Army Corps permits

COE permits are being filed and as yet we have no documents to make copies of.

8) Surveyed schematic of ROW on private ground

Alignment sheets (2) of the east end of the pipeline are included in this package. These two sheets combined cover the area of the Flanigan property. BLM and Flanigan property is clearly marked on the two sheets.

Also attached are copies of the proof of publishing of the legal notice in the Glenwood Springs Pots Independent and copies of the receipts for mailings to the land and mineral rights owners.

I look forward to the County Commissioners hearing on the April 18, 2005. lfthere is anything more you need, as always, please feel free to call.

Sincerely,

CORDILLERAN COMPLIANCE SERVICES, INC.

s· ~ Senior Project Geologist

Attachments: as stated

Cc: Ken Krisa, Crescendo w/o attachments file

Cordilleran Compliance Services, Inc. Grand Junction, CO• Denver, CO• Casper, WY • Laramie, WY

Environmental Consulting Engineers and Scientists

Biii Owons. Governor Oouglas H. Benevento, Executive Oltecrot

Dadlca1ed to protectln!'.J and lrnprovlng the health and environment of the psople of Colorado

4300 Choriy Creek Pr. S. Laboratory SeNlces Division Denver, Colorado 80246-1530 ErlOO l..owry Blvd. Phono (303) 692-2000 Denver, Colora<Jo 80230-6928 TDD Line (303) 691-7700 (303) 692-3090 Located In Olendala, Colorado

http:/!www.c~pho.state.co,us

February 11, 2005

Attn: Mr. Kenneth Krisa . CRESCENDO ENERGY, LLC

1031 Androws Highway, Suite 211 Midland, TX 1970 I

' '· 1:. I'

i .. i· 11: .. ; ;(I

I ~ .

C~lorado Deportment of Public Health and Envlronmem i ·1 ••

I' i '·.'I, ACTION: APEN REQUIRED i "} PERMIT EXEMPTED

I

Re: Pormit Applicatlon No.:05GA0036L for a land development projecl.

Dear Applicant:

The Air Pollution Control Division (the Division) has reviewedyouremissionpormitapplicationNo. 05GA0036L for the following source, known as Entrada Pi po line, located at Sectioris 3, 9,8, 7 and 18 ofT8S, RI 04W, located in Garfield County, Colorado: One(/) Overlot grading and the associated construction activities,

The above emission point is exempt from permitrequirements(Reference: Regulation No. 3, Part B, Section 11.D.3),

This exemption from permit requirements is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon construction, installation and operation in accordance with this information and with roprcsentationsmade by the applicant or applicall!'s agents. Specifically, this exemption has been granted provided that the following information is accurate and complete:

Uncontrolled actual PM/U emissions arc less than 5 Ions per year in an allainme11/ area

According to the Division's prelim inaryanalysis, this operation will result in the emission of the following air pollutants on uncontrolled basis:

Particulate Matter (PM.o): Particulate Matter (TSP):

1.89 tons per year, 3. 78 tons per year.

It should be noted that although exempted sources may not need air emission permits, they still are required to meet all applicable standards and regulations of the Air Quality Control Commission, includir1g visible emin/011$ $/1u/l 1wt exceed 10% op11clly and 1w ojfproperty mmsport guideline$ of Reg11/11tim1 No. I Section JIJ,D.Z.h.

Sincerely,

f~~ Paula Menten Permit Engineer Air Pollution Control Division

046/001311

ZOOIZOO'd Z8Z€# 68ZL L69 Sl6 lO'Ll SOOZ,ZZ'H3o

TERRAIN

R/W NO.

OllNERSHIP

RODS

SURVEY & ABSTRACT

COUNTY & STATE

STATIONING

I .

.

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I 5060 425 00

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REFERENCE DRAVitNGS

SUMMARY OF MAlERIAL DESCRIPTION QUANTITY

CRESCENDO ENERGY SHEET 8

CRESCENDO ENERGY SAN ARROYO UNIT 6" PIPELINE

COLORADO-UTAH 'f--+----------·-----------+----+-------~~~~~--------j ~ ___ r---- ALIGNMENT

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~ ---------- CD-xxxx-005 I r.('~~ior• FIELD NOlES

TERRAIN

R/W NO.

OWNERSHIP

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SURVEY & ABSTRACT

COUNTY & STATE

STATIONING I

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-

------------------REFERENCE DRAWINGS

525+00 5MJ-t00 ~35+00

SUMMAAY OF MATERIAL DESCRIPTION ==------ QUANTITY

St-tEET g CRESCENDO ENERGY

CRESCENDO ENERGY SAN ARROYO UNIT 6" PIPELINE

COLORADO-UTAH ~ -+--·-----------------------4----l----------------------l ~ ------------ ALIGNMENT

" OIMWN llY:

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.-·=::_::::J=~::::::_::_::::_:::::::::::::::::::::::::::::::::::::::::==:!--\-+-j..j-;:;-{:::t:::::::::::::::::::::::::::::::::::::::::::::::::::~-=-=-=-=-=-=-=-=-=-=-=-=-=-:!::::__::_::_::_:::j,__c~~~~~~M~&=H~cE=N='='-"_"_"_'_s_•_s_,_'_"~c-. _ __, ~- ~ HUU5!CN,TUAO

~ --+-------------------------+---- CD-xxxx-005 I r.«1s1CN

AELD NOTES

Pol>. ' .

Vegetative mulch and excess rock will be used to reduce erosion potential on SLM-administered lands by providing additional surface relief structure. Vegetative debris salvaged during clearing and grading operations will be distributed across the right-of-way. Layering of rock may be used on the surface of erodible soils in some critical areas to reduce erosion and restore appearance of native surface. Suitable sites include naturally rocky slopes and areas that have a natural gravel, cobble, or boulder veneer on the surface. Suitable sites will be determined by the Crescendo Representative in conjunction with the BLM on SLM-administered lands.

On fee-lands, vegetation removed during clearing operations will be removed and rocks will be removed from the right-of-way to approximate pre-construction conditions. Vegetation and excess rock will be disposed of at a location determined by the landowner.

All existing improvements, such as fences, gates, irrigation ditches, and cattle guards, will be maintained and repaired by the Contractor to at least pre-construction condition and to the satisfaction of the landowner or BLM field representative to minimize disturbance to the public.

OHV barriers may be required by the BLM. Suitable sites will be determined by the Crescendo Representative in conjunction with the BLM on SLM-administered lands.

3.7.5 Revegetation

Every attempt will be made to seed disturbed areas within 24 hours of completing topsoil replacement and installation of permanent soil erosion and sediment control measures. If an area is not seeded within 24 hours of topsoil replacement, the seed will need to be incorporated into the soil.

All disturbed areas will be reseeded with the appropriate seed mix and rates by vegetation type as determined by the BLM. Seed mixes will be purchased from commercial seed vendors and must be state-certified weed-free mixtures. Seed bag tags will be collected and submitted to the BLM and appropriate county to confirm that the seed was purchased from a commercial seed vendor and was tested and certified. Seeding rate will be listed as pounds per acre of pure live seed (PLS). The SLM-approved seed mixes for this project are listed in the stipulations attached to the Right-of-Way Grant.

Seed will be placed in direct contact with the soil at an average depth of0.5-inches, covered with soil, and firmed to eliminate air pockets around the seeds. Seed will be applied using a rangeland seed drill with a seed release and agitation mechanism sufficient to allow seeds of various sizes and densities to be planted at the proper seeding depth. Broadcast seeding will be employed only in areas where drill seeding is unsafe or physically impossible. Broadcast application rates will be twice that of drill rates. Immediately after broadcasting, the seed will be uniformly raked, chained, or dragged to incorporate seed to a sufficient seeding depth. If the area is seeded prior to a soil crust forming (within 24 hours of topsoil replacement), harrowing or raking may not be necessary. Fall seeding would be completed after September I and prior to prolonged ground frost. If necessary, spring seeding will be completed when the ground thaws and prior to May 15.

12

STATE OF COLORADO Bill Owens, Governor Douglas H. Benevento, Executive Director

Dedicated to protecting and improving the health and environment of the people of Colorado

4300 Cherry Creek Dr. S. Laboratory and Radiation Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver, Colorado 80230-6928 TDD Line (303) 691-7700 (303) 692-3090 located in Glendale, Colorado

http://www.cdphe.state.co.us

January 27, 2005

Sean T. Norris, Sr Project Geologist Crescendo Energy, LLC 1031 Andrews Highway Ste. 211 Midland, TX 79701 915/697-7221

RE: Final Permit, Colorado Discharge Permit System - Stormwater Certification No: COR-037688, Garfield County

San Arroyo Natural Gas Pipeline Construction

Local Contact: Sean Norris, Sr Project Geologist, 970/ 263-7800

Anticipated Activity: 02/10/2005 through 04/10/2007 On 28 acres (28 acres disturbed)

Dear Sir or Madam:

Colorado Department of Public Health

and Environment

Enclosed please find a copy of the permit certification that was issued to you under the Colorado Water Quality Control Act.

Your certification under the permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of your certification.

Note that the stormwater permit for construction activities now covers construction sites dishlrbing down to one acre (the previous threshold was 5 acres). Effective July l, 2002, any construction activity that disturbs at least 1 acre ofland (or is part of a larger common plan of development or sale that will disturb at least I acre) must apply for permit coverage.

Please read the permit and certification. If you have any questions please visit our website at http://www.cdphe.state.co.us/wq/permitsunit/wqcdpmt.html, or contact Matt Czahor at (303) 692-3575.

Sincerely,

!)l~o (()4 __ Kathryn D~~:i?> Stormwater Program Coordinator Permits Unit WATER QUALITY CONTROL DIVISION

Enclosure

xc: Regional Council of Govenunents Local County Health Department District Engineer, Technical Services, WQCD Permit File Fee File

3.1 Fire Prevention/Precautions

This section provides a list of typical fire prevention and safety precautions that must be evaluated and addressed as needed prior to starting the Hot Work.

3.1.1 Evaluate all areas within and adjacent to the work area (including areas behind metal walls, partitions or roofs) for potential fire hazards such as tanks, vessels or equipment that may contain (or formerly contained) flammable liquids, gas, vapors, or dusts; (including spilled flammable materials); as well as other combustible materials such as trash, rags, flooring, roofing, other building materials, grass, shrubs, and trees that could come into contact with flames, heat or sparks from the Hot Work activity.

3.1.2 All movable fire hazards shall be taken to a safe place away from the Hot Work area.

3.1.3 Guards or shields shall be used to confine heat and sparks in situations where the fire hazard cannot be removed from the Hot Work area.

3.1.4 The Hot Work activity shall be permitted only in areas that have been made fire­safe. When it is not practical to move the work to a designated hot work area (i.e. maintenance shop), the area shall be made safe by removing those combustibles that can be moved or protecting immovable combustibles from potential ignition sources by shields, guards or other appropriate/ effective means.

3.1.5 Fire protection and extinguishing equipment shall be identified and maintained at the Hot Work area while the work is underway and until the fire watch is officially concluded.

3.1.6 A fire watch, by a designated person, will be maintained at the Hot Work job site while the work is in progress and for a minimum of 30 minutes after the Hot Work is stopped for any reason. The person designated as the fire watch is also responsible for using appropriate instruments to monitor the work area for hazardous atmospheres (explosive, toxic or oxygen deficient) as needed to ensure that the Hot Work can be conducted safely.

3.1.7 When not in use for a substantial period of time, the valves to the torch of gas welding or cutting equipment and the valve to the gas supply for the equipment shall be closed.

3.2 Relocation of Combustibles

To the extent practicable, combustible materials located within 35 feet of the Hot Work activity should be relocated as described below.

3.2.1 When practicable, all combustible materials shall be relocated to at least 35 feet from the work site. Where relocation is impracticable, combustibles shall be

protected with flameproof covers or otherwise shielded with metal plates, guards or curtains.

3.2.2 Combustible debris shall be swept/ cleaned from the area.

3.2.3 In situations where combustible materials such as paper clippings, wood shavings, or textile fibers are on the floor, the floor shall be swept clean for a radius of at least 35 feet. Floors constructed of, or covered with combustible materials or coverings shall be kept wet, covered with damp sand, or protected by fire resistant shields. Where floors have been wet down, personnel operating electrical welding equipment or hand tools shall be protected from possible electrical shock.

3.2.4 All flammable liquids, vapors, and gases shall be removed from the work area.

3.2.5 Fire resistant shields shall be used to protect combustible walls, flooring, ceilings and roofs.

3.2.6 Flammable liquids and/ or vapors that cannot be removed from the area shall be protected from flames, heat, and sparks.

3.2.7 Ducts and conveyor systems that could carry sparks to distant combustibles shall be shielded or shut down.

3.2.8 If hot work is to be completed on one side of a metal wall, partition or roof, precautions must be taken to identify and relocate/protect potential combustibles located on the other side of the wall.

3.3 Venting, Purging and Decontamination

No Hot Work shall be performed on containers, tanks, drums, vessels cavities or other hollow spaces until the following conditions have been met:

3.3.1 The interior and working surfaces of the item/ space must be cleaned so thoroughly as to remove all flammable materials such as oil, condensate, grease, tar, or other materials that when subjected to flames, heat, or sparks might produce flammable or toxic vapors.

3.3.2 Any pipe, lines, or other connections to the item/ space shall be disconnected or blanked shut.

3.3.3 The interior of the item/ space shall be vented to ensure the escape of air and/ or gases before the Hot Work activities begin. Purging the interior of the

item/ space with an inert gas (nitrogen) is the recommended method.

General Fire Safety The general fire safety policies described in this section describe the responsibilities of employees and contractors and set forth the general fire safety rules and procedures.

D - All workers must immediately report fires, smoke, or potential fire hazards to the Fire Department (dial 911).

D - All contractors engaged by Crescendo Energy must maintain their own fire safety plans and procedures.

D - In general, it is not the responsibility of Crescendo Energy employees or contractors to fight fires. If the fire is small and the worker is confident that it can be readily extinguished (i.e. a smoldering trash can), then after calling 911 the workers should put the fire out.

D - As soon as the worker has any doubt concerning their ability to extinguish the fire, they should evacuate the area and call 911.

D - All workers must conduct their operations in a manner that will minimize the possibility of fire. This includes, but is not limited to the following:

• Storing combustible materials away from potential ignition sources; • Identifying potential ignition sources in the vicinity of activities that involve

handling, transferring or transporting combustible materials; • A void needless accumulations of combustible materials; • Promptly disposing of combustible trash and wastes; and • Smoking only in designated areas.

D - Supervisors are responsible for keeping their operating areas safe from fire.

D - The RSO and the Fire Department will provide guidance and construction criteria with respect to fire and life safety as well as inspections.

D - The RSO is responsible for providing and maintaining fire detection systems and both automatic and manual fire extinguishing equipment.

D - The on-site Supervisor, is responsible for notifying the RSO of changes in operations that affect the degree of fire risk and will therefore require a change in the planned fire protection provisions.

Fire Extinguishers

D - Portable fire extinguishers must be provided in adequate number and type and located throughout the field well site locations.

D - Fire extinguishers must be mounted in readily accessible locations.

D - Fire extinguishers are recharged regularly and the date oflast inspection noted on their tags.

D - All workers must be trained and periodically instructed in the use of extinguishers and fire protection procedures.

D - All employees and contractors are responsible for notifying the RSO of any damage to fire protection equipment.

Fire Exits

D - Local building fire code, fire safety law and procedures apply to all Crescendo facilities.

D - Building or sheds constructed at field locations must comply with local fire regulations.

EXHIBIT

I 1'

MEMORANDUM

To: Fred Jarman

From: Steve Anthony

Re: Comments on the Crescendo Energy SUP

Date: April 6, 2005

Thanks for the opportunity to comment on this permit. My comments are as fo llows:

1. Noxious Weeds

A. It is requested that the applicant respond to any complaints by landowners either private or public, regarding Garfield County and/or State of Colorado listed noxious weeds in a timely manner. Weed problems on pipelines tend to occur after there is maintenance activity on a section of pipeline and the ground has been disturbed. The Colorado Noxious Weed Act and the Garfield County Weed Management Plan require management of listed noxious weeds.

2. Revegetation

A. Revegetation Security-It is the recommendation of this department that the applicant post a revegetation security for the parts of the pipeline that is not on Bureau of Land Management property. Please quantify the disturbance in terms of acres that wi ll be on non-federal land. Once this information is provided a security amount will be determined.

This may be in the form of a letter of credit, if deemed appropriate by the County Attorney's Office, or the funds by may be deposited with the County Treasurer.

The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan.

The applicant needs to provide information on the seed mix that will be used. List each species by scientific and common name. The applicant states that the BLM has or will, approve seed mixes for this project; please forward a copy to our office.

B. Sediment Barriers

Any straw bales that are used as sediment barriers need to be certified as weed-free.

EXHIBIT

EXHIBIT B STIPULATIONS for Natural Gas Pipeline, ROW # COC68236

1. The 6" steel pipeline shall be installed to industry standards. The pipeline shall be buried 3' deep within the 25 ' right-of-way corridor, and 4' deep at road crossings. An additional 25' temporary construct ion width is also authorized .

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2. The operator shall contact the Grand Junction Field Office representative , Carlos Sauvage, (970) 244-3022 , at least 48 hours prior to commencing construction of the pipeline. The holder shall also request a preconstruction conference with the authorized officer at least 21 days prior to the commencement of construction under thi s grant. One purpose of this conference i s to determine if any special conditions will be required to limit environmental damage or insure surface stability. Another purpose is to identify any temporary use areas.

3. The operator is responsible for informing all persons in the area who are associated with this project that they will be subject to prosecution for knowingly disturbing historic or archaeological sites, or for collecting artifacts or fossils . Upon discovery, the operator will immediately bring to the a ttention of the Grand Junction Resource Field Office Manager any and all antiqui ties or other objects of historic or scientific interest including, but not limited to, historic or prehistoric ruins , artifacts , or fossils discovered as a result of operations under this permit. The operator will immediately suspend all activities in the aFeac--~- -~~­of the object and will leave such discoveries intact until told to proceed by the Field Manager. Notice to proceed will be based upon evaluation of t he cultural significance of the object. Evaluation will be by a qualified professional selected by t he Field Manager from a Federal agency insofar as practical. When not practical, t he operator will f ol l ow the mitigation requirements set forth by the Field Manager concerning protection, preservation, or disposit i on of any sites or material discovered . Within 5 working days the Field Manager will inform the operator as to :

whether the materials appear eligible for the National Register of Historic Places;

the mitigation measure(s) the operator will likely have to undertake before the site can be used (assuming in situ preservation is not necessary); and ,

a time frame for the Field Manager to complete an expedited review under 36 CFR 800.11 to confirm, through the State Historic Preservation Officer, that the findings of the Field Manager are correct and that mitigation is appropriate.

If the operator wishes, at any time, to relocate activities to avoid the expense of mitigation and/or the delays associated with this process, the Field Manager will assume responsibility for whatever recordation and stabilization of the exposed materials may be required. Otherwise, in those situations where the Field Manager determines that mitigation, data recovery and/or salvage excavations are necessary, the operator will bear the cost. The Field Manager will provide technical and procedural guidelines for the conduct of mitigation. Upon verification from the Field Manager that the required mitigation has been completed, the operator will then be allowed to resume construction.

4. The operator shall obtain an agreement with any existing rights-of-way holders prior to any disturbance or construction of pipeline across or adjacent to any existing right-of-way.

5. When saturated soil conditions exist on or along the pipeline route, construction shall be halted until soil material dries out or is frozen sufficiently for construction to proceed without undue damage and erosion to soils.

6. All surface disturbance shall be limited to the minimum necessary to complete pipeline construction. All construction activities and surface disturbance shall take place within the width of the temporary 25' right-of-way construction corridor and identified temporary use areas, and the adjacent permanent 25' pipeline right-of-way. The exterior limits of the construction shall be flagged on the ground as necessary to prevent disturbance outside of the right-of-way.

7. The holder shall insure that all construction and maintenance equipment is washed prior to use to insure removal of weed seeds and their potential transfer to the ROW area. The holder shall monitor the ROW for the presence of weeds which are included on the County noxious weed list. After consulting with the authorized officer, the holder shall control weed infestations which have resulted from the holder's construction, operation, maintenance or use of the ROW. If chemical control is necessary, use of pesticides shall comply with the applicable Federal and State laws. Pesticides shall be used only in accordance with their registered uses and within limitations imposed by the Secretary of the Interior. Prior to the use of pesticides, the holder shall obtain from the authorized officer written

approval of a plan showing the type and quantity of material to be used, the weed (s) to be controlled, method of application, location of storage and disposal of containers, and any other information deemed necessary by the authorized officer. Emergency use of herbicides shall be approved in writing by the authorized officer prior to such use.

8. The holder shall comply with all applicable Federal laws and regulations existing or hereafter enacted or promulgated. In any event, the holder shall comply with the Toxic Substances Control Act of 1976, as amended (15 U.S.C. 2601 et seq.) with regard to any toxic substances that are used, generated by or stored on the ROW or on facilities authorized under this ROW grant (see 40 CFR, Part 702-799 and especially, provisions on polychlorinated biphenyls, 40 CFR 761.1-761.193). Additionally, any release of toxic substances (leaks, spills, etc.) in excess of the reportable quantity established by 40 CFR, Part 117 shall be reported as required by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Section 102b. A copy of any report required or requested by any Federal agency or State government as a result of a reportable release or spill of any toxic substances shall be furnished to the authorized officer concurrent with the filing of the reports to the involved Federal agency or State government. The holder shall comply with applicable State standards for public health and safety, environmental protection and siting, construction, operation and maintenance, if these State standards are more stringent than Federal standards for similar projects.

9. Pipeline warning signs shall be installed within five days of construction completion and prior to use of the pipeline for transportation of product. Pipeline warning signs are required at all road crossings, and shall be visible from sign to sign along the R/W. For safety purposes each sign shall be permanently marked with the operator's name and shall clearly identify the owner (emergency contact) and purpose (product) of the pipeline.

10. Special fire control stipulations may be in affect depending on when construction takes place. The grant holder shall coordinate with the BLM Authorized Officer and comply with any applicable fire control measures.

11. All trash shall be confined in a hauled to an approved landfill. not approved.

covered container and Burning of waste or oil is

12. All areas of surface disturbance shall be recontoured to blend with the adjacent natural terrain and shall be seeded with the following mixture. Application rates are for pure, live seed (PLS). Seed tags must be submitted to the BLM representative, Carlos Sauvage, within 30 days of seeding.

See application rate below:

Species

Paloma Indian Ricegrass Russian Wildrye Nordan Crested Wheatgrass Forwing Saltbush Shadscale Total

Application Rate

lbs. /Acre PLS

2.7 3.2 3.2 2.0 2.0

13.1

Prepare seedbed by contour cultivating four to six inches deep. Drill seed Y, to 1 inch deep following the contour. In areas that cannot be drilled, broadcast seed at 1.5 times the application rate and cover Y, to 1 inch deep with a harrow or drag bar.

Recontouring and seedbed preparation shall be completed prior to seeding. Seeding must be completed after August 15 and prior to November 1. The disturbed area is considered to be satisfactorily reclaimed when:

A. Soil erosion resulting from the operation has been stabilized.

B. A vegetative cover at least equal to that present prior to disturbance, and a plant species composition at least as desirable as that present prior to disturbance has been established. Establishment of all the species in the seed formula will be considered as meeting the composition/desirable species criteria. Additional work will be required until these conditions are satisfied.

13. The holder shall comply with all County, State, and Federal (404 Permit) resolutions, regulations and permit requirements.

14. Cross-drainage rolling dips (water bars) shall be installed at intervals determined through consultation with the authorized officer. In the absence of such consultation, the following intervals shall be used: on slopes of 1 to 4 percent, every 500 feet; on slopes of 5 to 12 percent, every 250 feet; on slopes of greater that 12 percent, every 100 feet. Slope of the waterbar on the contour shall be 2 percent, and turnout shall be into erosion resistant material. Alternate methods of erosion control may be utilized after consultation with reclamation specialists and approval by the authorized officer.

15. Vegetation clearing is prohibited between May 15 and July 15 to protect nesting migratory birds. Work may proceed if vegetation clearing has been done before May 15. All clearing and construction activities are prohibited between March 15 and July 15 if Ferruginous Hawks are actively nesting within ~ mile of the pipeline route. Holder is responsible for hiring a professional Ferruginous Hawk surveyor (to be approved by the BLM authorized officer) If work commences before March 15 and if the work is uninterrupted, it may continue into the March 15-July 15 period.

16. Silt fences shall be used at drainage crossings. At locations where the pipeline crosses slopes greater than 5 percent, other surface stabilization measures may be required, such as straw waddles. Construction turnout locations shall be located to minimize surface rehabilitation issues. A field inspection shall be conducted with the Authorized Officer at least 14 days prior to the beginning of construction to determine surface reclamation locations and requirements as discussed above.

TO

FROM

DATE

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MEMORANDUM

Board of County Commissioners

Building and Planning Department, Fred Jarman

March 81h, 2005

Referral of Special Use Permit for "Material Handling of Natural Resources"

I. BACKGROUND The Building and Planning Department received a Special Use Permit (SUP) application for "Material Handling of Natural Resources" to install a high pressure 6-inch pipeline (gathering line) to convey unprocessed natural gas from the San Arroyo Plant in Utah to the South Canyon Compressor Station in Garfield County. The entire proposed pipeline is 10.2 miles long with half of the line being in Utah and the other half in Garfield County. Of the portion in Garfield County, approximately 5,000 linear feet crosses one private property with the remaining portion being located on BLM land. The pipeline will be installed in an existing pipeline corridor.

The proposed route that crosses private property is a property owned by the Flannigan Family which is zoned Agricultural I Residential/ Rural Density (ARRD). The necessary right-of-way (ROW) grants across BLM and an easement across the private property have already been obtained and submitted with the application. It is for this segment crossing private property that a SUP is sought for "Material Handling of Natural Resources" and is the subject of the application. For your reference, the County's zoning map below shows the location of the subject property which is located in the far southwest corner of the County outlined with a black box.

Staff has attached to this cover memorandum the textual portion of the application along with a map of the area where the proposed gathering line is to be located for your initial review to determine whether or not the Board prefers to refer the application to the Planning Commission.

IL REGULATORY AUTHORITY Section 9.03.04 of the Zoning Resolution of 1978, as amended requires that Special Use Permit applications be initially brought to the Board so that the Board may determine if a recommendation from the Planning Commission is necessary.

Ill. STAFF RECOMMENDATION Due to the extreme remote location of the pipeline location, limited nature of potential impacts, non-existence of residential dwellings within at least five miles of the pipeline, the location within an existing pipeline corridor, and the fact that the property is entirely surrounded and isolated by very large tracts of BLM land, Staff recommends the Board direct Staff to schedule a public hearing for the Board and not refer the matter to the Planning Commission.

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