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Home My WebLink About20070703.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: _ RECEIPT # /AMOUNT # /5 CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 020305300014* - *Parcel number Tiff This act is peingnd The above-noted-fir is the tract frail which thiis s peel (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office, or w.vwm:.cn.o:el(1.co. IS M & B tract in the SE/4 11 66 Legal Description , Section _5_, Township North, Range _West No Flood Plain: No Zone District AG , Total Acreage: 25•°4 , Overlay District: Geological Hazard: No , Airport Overlay District: No FEE OWNER(S) OF THE PROPERTY: Rockies Express Pipeline T d C (REX) Name: -t7]IfBLWdttrQdi1'.curd-- Work Phone # 52�3/51. Home Phone #_ Email Address: 370 Van Gordon-Street Address:P• 0. 13-ox X81304 _ City/State/Zip Code: tew r W M2281-83:14- Name: ------- Work Phone # Home Phone # Email Address: Address: ----- ---- City/State/ZipCode: _ ---------- Name: - -- Work Phone # Home Phone # Email Address: Address: City/State/Zip Code: APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name:Turothy K. Atwater c�� tun atwate1 tcndetnurgan.can Work Phone #-303m14=7705_ cello Phone #303"72Fi-y✓��7 Email Address: 37n Un_Gnrdon Street__ Address:.4Bex281-304 City/Stale/Zip Code _..g—g34 ---- I:atrpressor Station and allied facilities PROPOSED USE: I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be inched indicating th ✓ ignator has to legal authority to sign for the corporation. r^ Signature o on d Agent Date Signature: Owner or Authorized Agent Dale EXHIBIT 2007-0703 1 FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION BUSINESS EMERGENCY INFORMATION: Business Name F-4t c /z.S } _/±t_ 1z k /71,1/2( _Phone C ----OA-5 Address276_ 1.2�`WJIOA.I City,ST,Zip/la/49 ce fl &a:77.2 ? Business Owner: .4/(4r Phone: // rG Home Address: tig5 )4t2?9/� __ City,ST,Zip: 4.3 "4-Aelft List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE I 24W/ r712 2-5�,'Ch A -1L�---YI6 67J7<) •: )3--;63--,-41:40(6;) 42 ,0 ✓�aC s ,1j7A4,1-1/c --370-3- 2 7 357 7 Business Hours: Days:____ Type of Alarm: None Burglar Holdup Fire Silent Audible Name and address of Alarm Company:___________ Location of Safe: .........«.................................******..«._.******.................................*............******......******..... MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: Location(s):_ Is alcohol stored in building?/1/OLocation(s): Are drugs stored in building? __Location(s): Are weapons stored in building?,, Location(s): The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main Electrical: Gas ShutOff: Exterior Water Shutoff:___ InteriorWaterShutoff: 12 egnentli aLC 4 December 2006 Brad Mueller, Plans Examiner Weld County Building Department 918 10`" Street Greeley, CO 80631 Re: Site Specific Development Plan and Use by Special Review (USR) —Natural Gas Compression Facility—Tract in the SE/4 Section 5, Township 11 North, Range 66 West, Weld County, CO Dear Brad: In connection with our visit November 30`h, 2006 as to the above, the following items are enclosed for further handling: 1. Procedural Guide form that we discussed covering the application requirements. 2. Two checks in the amount of$2,500.00 (Permit fee) and $11.00 (Special Review plat recording fee) 3. Packets 1-19 covering items required in the procedural guide. Thank you for your assistance last Thursday and we anticipate hearing from your (or the designated Planner) as to the next step in the process. Please be advised that the company contact as to future correspondence and/or telephone calls is: Tim Atwater Rockies Express Pipeline 370 Van Gordon Lakewood, CO 80228 800-525-3752 Direct: 303-914-7705 Cell: 303-726-4497 Sincerely, S EXPRESS PIPELINE (KINDER MORGAN, INC.) ck John /Contract Lan man Enclosures 370 Van Gordon Street—P. O. Box 281304 —Lakewood, CO 80228-303-989-1740 SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) PROCEDURAL GUIDE SUBMITTAL CHECKLIST APPLICATION REQUIREMENTS: 1. One(1) original application form plus 19 copies. 2. Twenty (20) copies of the Special Review plat map. 3. One 8-1/2" X 11" reduced copy of the (24"X36"). 4. 8-1/2"X11" Photo Mechanical Transfer (PMT) if required, or electronic copy of map. Not required. 5. One (1) original Special Review Use questionnaire plus 19 copies. 6. One (1) original Weld County Road Access information Sheet plus nineteen (19) copies. Road Access Plat attached. Access to site is from State Highway #85. CDOT information attached. 7. Two (2) copies of document showing evidence of adequate water supply. One domestic water well proposed. Details later. A telephone call 10/11/06 was made to Dawn with the Division of Water Resources (970-352-8712). Informed that they do not send out letters prior to application for permit. 8. Two (2) copies of document showing evidence of adequate sewage disposal. Septic system proposed. Details later. A telephone call 10/11/06 was made to Marcella with the Weld County Department of Health and Environment (970-304-6415). Informed that they do not send out letters prior to application for permit. 9. One (1) copy of deed or legal instrument identifying applicant's interest in the property. 10. One (1) original Certificate of Conveyances form and any attachments. 11. Two (2) copies of Soils Report. 12. One (1) copy of affidavit and certified list of the names, addresses and the corresponding parcel identification number assigned by the Weld county Assessor of the owners' of property (the surface estate)within 500 feet of the property being considered. 13. One (1) copy of affidavit and certified list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. 14. One(1) Emergency information Sheet. 15. Notice of inquiry if located within an Intergovernmental Agreement (IGA) boundary. N/A. Property not within IGA boundary. 16. Application fee. Company check in the amount of$2,500.00 enclosed. 17. Investigation fee. N/A. Use not scheduled until Special Review Permit issued. 18. Special Review plat recording fee. Company check in the amount of$11.00 enclosed. SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with"not applicable", with an explanation as to why the question is not applicable. Explain, in detail, the proposed use of the property. The Applicant, Rockies Express Pipeline, LLC, (REX) operates a natural gas pipeline in Weld County and neighboring counties. REX proposes to install a natural gas compression facility (Cheyenne Compressor Station) in the Rockport, Colorado area to increase the carrying capacity of both the existing and proposed natural gas pipelines. The gas compression facility will be located upon an approximately twenty-five (25) acre-parcel adjacent to U.S. Highway 85 in the Rockport area. It will consist of gas filtration equipment, three (3) electric compressor units (two (2) 17,500 Hp electric units housed in a single compressor building and one 500 Hp electric compressor housed in a single self contained enclosure), one (1) generator, a supervisory control system, a motor control center and an office/warehouse building. The compressor and generator units will be enclosed within an insulated building for noise attenuation and additional noise reduction equipment will be installed. The compressor building is ninety five feet (95') in length and seventy five (75') in width and are approximately fifty two feet (52') in height from grade. The site will be secured by a six feet (6') chain link fence with three (3) strands of barbed wire at the top. The office/warehouse building is one hundred twelve feet (112') in length and forty feet (40') in width and are approximately twenty five (25') in height from grade. There are also other smaller modular support buildings on site which include control/MCC building and variable frequency drive buildings for the electric compressor units. 2. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 22. The proposed use is consistent with the Comprehensive plan because is seeks to use the land to .—, foster the development of the vast natural resources in Colorado. 3. Explain how this proposal is consistent with the intent of the Weld County, Chapter 23 (Zoning)and the zone district in which it is located. The Cheyenne Compressor Station will be constructed, occupied,operated and maintained in an Agricultural Zone District in accordance with and as set forth in Article II, Division 4 under Part A. Mineral resource development facilities included under Oil and Gas Support and Service. 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. There are currently 3 other Natural Gas Compressor Stations within ''/,mile of this site,surrounded by non-irrigated grazing land. 5. Describe, in detail, the following: a. How many people will use this site? There will be 4 full-time employees located at this site. b. How many employees are proposed to be employed at this site? Same as"a" c. What are the hours of operation? Operations will be a continual 24 hours a day, 7 days a week, however employees will only be on site during normal weekday business hours 7:00 am to 5:00 pm Monday through Friday. d. What type and how many structures will be erected (built) on this site. One (1) compressor building,one(1) small modular self contained enclosure over the 500 Hp compressor, one(1) office/warehouse building, three(3) modular VFD Buildings, one (1) modular control/MCC building e. What type and how many animals, if any, will be on this site. Not Applicable, the site is not for agricultural purposes. C. What kind (type, size, weight) of vehicles will access this site and how often? Typical vehicles will be%1 ton to 1-ton trucks,with daily use to and from site. g. Who will provide fire protection to the site? Nunn Fire Department h. What is the water source on the property? (Both domestic and irrigation). One domestic Water Well is currently being planned for. i. What is the sewage disposal system on the property? (Existing and proposed). A proposed Septic System is currently being designed for the location. j. If storage or warehousing is proposed, what type of items will be stored? Spare parts for compressor facility equipment, the generator and station air compressor system, miscellaneous operations equipment, etc. will be stored in the warehouse portion of the office/warehouse building at this facility. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. No landscaping is anticipated based on the other 3 existing compressor stations having none. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. See attached. 8. Explain how the storm water drainage will be handled on the site. See attached. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Construction is scheduled to start Mid-April 2007,with construction lasting 6-7 months. Landscaping is not anticipated. 10. Explain where storage and/or stockpile of wastes will occur on this site. There will be minimal left-over pipe and fittings stored neatly along the perimeter of site Revised: 3/05/2007 STB Kinder Morgan Compressor Station Sign Plan — Guidelines All Kinder Morgan compression stations will have signs installed that meet or exceed all federal, state, and local regulations. Main Gate: (Attachment 1) A station sign will be installed inside the station fence and located near the main gate. The sign will be approximately 72"wide x 48" high, and will include: name of company; compressor station name and/or number; county; state; and emergency contact information. Perimeter Fence Skins: (Attachment 2) All Kinder Morgan compressor stations are required to be fenced and signs posted as per Engineering Standard, Section 26 (Security). Specifically, Engineering Standard E0200 (Compression), Section 26.2.6. states: Clearly visible "No Trespassing" signs shall be installed facing outward on each side at a minimum of 100-foot intervals on fences and gates along the entire facility perimeter. Wording for"No Trespassing" signs shall be as follows: NO TRESPASSING This property is patrolled and under 24-hour surveillance. Violators will be prosecuted under federal law. On visitor gates, the following shall be included: By entering this facility, all visitors consent to a search of their vehicles and property. In addition to the signs listed above, the pipeline marker signs will be placed at all the compressor stations wherever a pipeline crosses the compressor station fence line, a line marker will be installed as per KM O&M Procedure 205 (Pipeline Markers and Cover). Note: Examples of signs at a typical Kinder Morgan compressor station are shown on the following pages. Attachment 1: Typical Main Gate Entrance Sign w: M1� i , �,1 t :.; • ,q �y'iF jt6, F, 4.4, tY C r ri` � �"fit �• B LA �'- c " - .__.._-. ._ Natural Gas Pipeline Company of Amersca . ;,F * ;w • • ."..;.,, Station 302 - New Caney. ."'1�r,, r- . . KINDER�MORGAN �` M X 10•__CIV a t PPJAY Gill �' .00»riuo Montgomery County, Texas ' .'k ' i`� Alia:Y" ' � ' !a 4q �� v .fir :i yC� ' y 7 • • " .,fi..,,,:y A..-.}.-,.-...". -i' "� -, } ...r=,. .. ._r .. . -�,, - �:.'^i,` -�' Mi" Attachment 2: Typical Perimeter Fence Signs e ,� o - •�'°'�`,,.`T peQ�s. �� A�, rte ; .,ll�G V .-4 O, vV Ate\ V N N '' 9 ;. e si„,SC ¢11�i ,y, Kr 7 ' \ w`z :c [ r�- \ `d {' v. p 'dam`. .1.7a -' J L Revised: 3/05/2007 STB Kinder Morgan Compressor Station Sign Plan — Guidelines All Kinder Morgan compression stations will have signs installed that meet or exceed all federal, state, and local regulations. Main Gate: (Attachment 1) A station sign will be installed inside the station fence and located near the main gate. The sign will be approximately 72"wide x 48"high, and will include: name of company; compressor station name and/or number; county; state; and emergency contact information. Perimeter Fence Signs: (Attachment 2) All Kinder Morgan compressor stations are required to be fenced and signs posted as per Engineering Standard, Section 26(Security). Specifically, Engineering Standard E0200 (Compression), Section 26.2.6. states: Clearly visible"No Trespassing" signs shall be installed facing outward on each side at a minimum of 100-foot intervals on fences and gates along the entire facility perimeter. Wording for"No Trespassing"signs shall be as follows: NO TRESPASSING This property is patrolled and under 24-hour surveillance. Violators will be prosecuted under federal law. On visitor gates, the following shall be included: By entering this facility, all visitors consent to a search of their vehicles and property. In addition to the signs listed above, the pipeline marker signs will be placed at all the compressor stations wherever a pipeline crosses the compressor station fence line, a line marker will be installed as per KM O&M Procedure 205(Pipeline Markers and Cover). Note: Examples of signs at a typical Kinder Morgan compressor station are shown on the following pages. ROCKIES EXPRESS PIPELINE COMPANY LLC ROCKIES EXPRESS PIPELINE - WEST PROJECT UPLAND CONSTRUCTION PLAN May 1 , 2006 01/17/2003 VERSION UPLAND CONSTRUCTION PLAN TABLE OF CONTENTS I. APPLICABILITY 1 II. SUPERVISION AND INSPECTION 1 A. ENVIRONMENTAL INSPECTION 1 B. RESPONSIBILITIES OF ENVIRONMENTAL INSPECTORS 2 III. PRECONSTRUCTION PLANNING 3 A. CONSTRUCTION WORK AREAS 3 B. DRAIN TILE AND IRRIGATION SYSTEMS 4 C. GRAZING DEFERMENT 4 D. ROAD CROSSINGS AND ACCESS POINTS 4 E. DISPOSAL PLANNING 4 F. AGENCY COORDINATION 4 G. STORM WATER POLLUTION PREVENTION PLAN 5 IV. INSTALLATION 5 A. APPROVED AREAS OF DISTURBANCE 5 B. TOPSOIL SEGREGATION 5 C. DRAIN TILES 6 D. IRRIGATION 6 E. ROAD CROSSINGS AND ACCESS POINTS 6 F. TEMPORARY EROSION CONTROL 7 1. Temporary Slope Breakers 7 2. Sediment Barriers 7 3. Mulch 8 V. RESTORATION 9 A. CLEANUP 9 B. PERMANENT EROSION CONTROL DEVICES 10 I. Trench Breakers 10 2. Permanent Slope Breakers 10 C. SOIL COMPACTION MITIGATION 11 D. REVEGETATION 11 1. General 11 2. Soil Additives 12 3. Seeding Requirements 12 VI. OFF-ROAD VEHICLE CONTROL 13 VII. POST-CONSTRUCTION ACTIVITIES 13 A. MONITORING AND MAINTENANCE 13 B. REPORTING 14 01/17/2003 VERSION UPLAND CONSTRUCTION PLAN (PLAN) APPLICABILITY A. The intent of this Plan is to identify baseline mitigation measures for minimizing erosion and enhancing revegetation. The project sponsor (REX- West) will specify in their application for a FERC Certificate (Certificate) any individual measures in this Plan they consider unnecessary, technically infeasible, or unsuitable due to local conditions and to fully describe any alternative measures they would use. REX-WEST should also explain how those alternative measures would achieve a comparable level of mitigation. Once a project is certificated, further changes can be approved. Any such changes from the measures in this Plan (or the REX-West's approved plan) will be approved by the Director of the Office of Energy Projects (Director), upon the applicant's written request, if the Director agrees that an alternative measure: 1. provides equal or better environmental protection; or 2. is necessary because a portion of this Plan is infeasible or unworkable based on project-specific conditions; or 3. is specifically required in writing by another Federal, state, or Native American land management agency for the portion of the project on its land or under its jurisdiction. Any requirements in this Plan to file material with the Secretary of the FERC (Secretary) do not apply to projects undertaken under the provisions of the blanket certificate program. This exemption does not apply to a request for alternative measures. Project-related impacts on wetland and waterbody systems are addressed in the staff's Wetland and Waterbody Construction and Mitigation Procedures (Procedures). II. SUPERVISION AND INSPECTION A. ENVIRONMENTAL INSPECTION 1. At least one Environmental Inspector is required for each construction spread during construction and restoration (as defined by section V). The number and experience of Environmental Inspectors assigned to each construction spread should be appropriate for the length of the construction spread and the number/significance of resources affected. Revision 0,May 1,2006 1 2. Environmental Inspectors shall have peer status with all other activity inspectors. 3. Environmental Inspectors shall have the authority to stop activities that violate the environmental conditions of the Certificate, state and Federal environmental permit conditions, or landowner requirements; and to order appropriate corrective action. B. RESPONSIBILITIES OF ENVIRONMENTAL INSPECTORS At a minimum, the Environmental Inspector(s) shall be responsible for: 1. Ensuring compliance with the requirements of this Plan, the Procedures, the environmental conditions of the Certificate authorization, the mitigation measures proposed by REX-West (as approved and/or modified by the Certificate), other environmental permits and approvals, and environmental requirements in landowner easement agreements. 2. Identifying, documenting, and overseeing corrective actions, as necessary to bring an activity back into compliance; 3. Verifying that the limits of authorized construction work areas and locations of access roads are properly marked before clearing; 4. Verifying the location of signs and highly visible flagging marking the boundaries of sensitive resource areas, waterbodies, wetlands, or areas with special requirements along the construction work area; 5. Identifying erosion/sediment control and soil stabilization needs in all areas; 6. Ensuring that the location of dewatering structures and slope breakers will not direct water into known cultural resources sites or locations of sensitive species; 7. Verifying that trench dewatering activities do not result in the deposition of sand, silt, and/or sediment near the point of discharge into a wetland or waterbody. If such deposition is occurring, the dewatering activity shall be stopped and the design of the discharge shall be changed to prevent reoccurrence; 8. Ensuring that subsoil and topsoil are tested in agricultural and residential areas to measure compaction and determine the need for corrective action; 9. Advising the Chief Construction Inspector when conditions (such as wet weather) make it advisable to restrict construction activities to avoid excessive rutting; Revision 0,May 1,2006 2 10. Ensuring restoration of contours and topsoil; 11. Verifying that the soils imported for agricultural or residential use have been certified as free of noxious weeds and soil pests, unless otherwise approved by the landowner; 12. Determining the need for and ensuring that erosion controls are properly installed, as necessary to prevent sediment flow into wetlands, waterbodies, sensitive areas, and onto roads; 13. Inspecting and ensuring the maintenance of temporary erosion control measures at least: a. on a daily basis in areas of active construction or equipment operation; b. on a weekly basis in areas with no construction or equipment operation; and c. within 24 hours of each 0.5 inch of rainfall; 14. Ensuring the repair of all ineffective temporary erosion control measures within 24 hours of identification; 15. Keeping records of compliance with the environmental conditions of the FERC certificate, and the mitigation measures proposed by REX- West in the application submitted to the FERC, and other Federal or state environmental permits during active construction and restoration; and 16. Identifying areas that should be given special attention to ensure stabilization and restoration after the construction phase. III. PRECONSTRUCTION PLANNING REX-West will do the following before construction: A. CONSTRUCTION WORK AREAS 1. Identify all construction work areas (e.g., construction right-of-way, extra work space areas, pipe storage and contractor yards, borrow and disposal areas, access roads, etc.) that would be needed for safe construction. REX-West must ensure that appropriate cultural resources and biological surveys have been conducted. 2. REX-West has expanded and will continue to expand any required cultural resources and endangered species surveys in anticipation of the need for activities outside of certificated work areas. Revision 0,May 1,2006 3 B. DRAIN TILE AND IRRIGATION SYSTEMS 1. Attempt to locate existing drain tiles and irrigation systems. 2. Contact landowners and local soil conservation authorities to determine the locations of future drain tiles that are likely to be installed within 3 years of the authorized construction. 3. Develop procedures for constructing through drain-tiled areas, maintaining irrigation systems during construction, and repairing drain tiles and irrigation systems after construction. 4. Engage qualified drain tile specialists, as needed to conduct or monitor repairs to drain tile systems affected by construction. Use drain tile specialists from the project area, if available. C. GRAZING DEFERMENT Develop grazing deferment plans with willing landowners, grazing permittees, and land management agencies to minimize grazing disturbance of revegetation efforts as necessary and practical.' D. ROAD CROSSINGS AND ACCESS POINTS Plan for safe and accessible conditions at all roadway crossings and access points during construction and restoration. E. DISPOSAL PLANNING Determine methods and locations for the disposal of construction debris (e.g., timber, slash, mats, garbage, drilling fluids, excess rock, etc). Off-site disposal in other than commercially operated disposal locations is subject to compliance with all applicable survey, landowner permission, and mitigation requirements. F. AGENCY COORDINATION REX-West will coordinate with the appropriate local, state, and Federal agencies as outlined in this Plan and in the Certificate. 1 . Obtain written recommendations from the local soil conservation authorities or land management agencies regarding permanent erosion control and revegetation specifications2. 1 REX-WEST would continue to monitor and maintain the disturbed construction area for revegetation and/or erosion problems resulting from construction. REX-WEST does not believe grazing can be practically deferred from the construction areas due to the length of the project across open grazing lands. 2 FERC Plan states that written recommendations must be obtained from local soil conservation authorities or land management agencies. The REX-WEST Plan states that REX-WEST will make a reasonable attempt to obtain such recommendations Revision 0,May 1,2006 4 2. Develop specific procedures in coordination with the appropriate agency to prevent the introduction or spread of noxious weeds and soil pests resulting from construction and restoration activities. G. STORMWATER POLLUTION PREVENTION PLAN Make available on each construction spread the Stormwater Pollution Prevention Plan prepared for compliance with the U.S. Environmental Protection Agency's National Stormwater Program General Permit requirements where appropriate.3 IV. INSTALLATION A. APPROVED AREAS OF DISTURBANCE 1. Project-related ground disturbance shall be limited to the construction right-of-way, extra work space areas, pipe storage yards, borrow and disposal areas, access roads, and other areas approved in the Certificate. Any project-related ground disturbing activities outside these Certificated areas, except those needed to comply with the Plan and Procedures (e.g., slope breakers, energy-dissipating devices, dewatering structures, drain tile system repairs) will require prior Director approval. All construction or restoration activities outside of the Certificated areas are subject to all applicable survey and mitigation requirements. 2. The construction right-of-way width for this project is described as 125 feet in the FERC application. B. TOPSOIL SEGREGATION 1. Unless the landowner or land management agency specifically approves otherwise, prevent the mixing of topsoil with subsoil by stripping topsoil from either the full work area or from the trench and subsoil storage area (ditch plus spoil side method) in: a. actively cultivated or rotated croplands and pastures ; b. residential areas; c. hayfields; and 3 REX—West Stormwater Pollution Prevention Plan is more comprehensive than the REX—West Plan and permitted subject to civil and/or criminal penalties under the Clean Water Act. The REX—West SWPPP conditions will take precedence over any contradictory condition of this Plan. Revision 0,May 1,2006 5 d. other areas at the landowner's or land managing agency's request4. 2. In residential areas importation of topsoil is an acceptable alternative to topsoil segregation. 3. In deep soils (more than 12 inches of topsoil), segregate at least 12 inches of topsoil. In soils with less than 12 inches of topsoil make every effort to segregate the entire topsoil layer. 4. Where topsoil segregation is required, maintain separation of salvaged topsoil and subsoil throughout all construction activities. 5. Segregated topsoil may not be used for padding the pipe. C. DRAIN TILES 1. Mark locations of drain tiles damaged during construction. 2. Probe all drainage tile systems within the area of disturbance to check for damage. 3. Repair damaged drain tiles to their original or better condition. Do not use filter-covered drain tiles unless the local soil conservation authorities and the landowner agree. Use qualified specialists for testing and repairs. 4. For new pipelines in areas where drain tiles exist or are planned, ensure that the depth of cover over the pipeline is sufficient to avoid interference with drain tile systems. For adjacent pipeline loops in agricultural areas, install the new pipeline with at least the same depth of cover as the existing pipeline(s). D. IRRIGATION Maintain water flow in crop irrigation systems, unless shutoff is coordinated with affected parties. E. ROAD CROSSINGS AND ACCESS POINTS 1. Maintain safe and accessible conditions at all road crossings and access points during construction. 2. If crushed stone access pads are used in residential or active agricultural areas, place the stone on suitable synthetic fabric to facilitate removals 4 In CRP, pasture or other non-active agricultural or residential areas, REX—West will only topsoil the area immediately over the ditch line. Subsoil will be stockpiled on the right-of-way vegetation surface to minimize overall ground disturbance and facilitate post-construction revegetation. Revision 0.May 1,2006 6 F. TEMPORARY EROSION CONTROL Install temporary erosion controls immediately after initial disturbance of the soil. Temporary erosion controls must be properly maintained throughout construction (on a daily basis) and reinstalled as necessary (such as after backfilling of the trench) until replaced by permanent erosion controls or restoration is complete. 1. Temporary Slope Breakers a. Temporary slope breakers are intended to reduce runoff velocity and divert water off the construction right-of-way. Temporary slope breakers may be constructed of materials such as soil, silt fence, staked hay or straw bales, sediment logs or sand bags.6 b. Install temporary slope breakers on all disturbed areas, as necessary to avoid excessive erosion. Temporary slope breakers must be installed on all slopes greater than 5 percent where the base of the slope is less than 50 feet from a waterbody, wetland and/or road crossings at the following spacing (closer spacing should be used if necessary): Slope (%) Spacing (feet) 5 - 15 300 >15 - 30 200 >30 100 c. Direct the outfall of each temporary slope breaker to a stable, well vegetated area or construct an energy-dissipating device at the end of the slope breaker and off the construction right-of- way. d. Position the outfall of each temporary slope breaker to prevent sediment discharge into wetlands, waterbodies, or other sensitive resources. 2. Sediment Barriers a. Sediment barriers are intended to stop the flow of sediments and to prevent the deposition of sediments into sensitive resources. They may be constructed of materials such as silt fence, staked hay or straw bales, compacted earth (e.g., driveable berms across travelways), sand bags, or other appropriate materials. 5 REX-WEST Plan identifies suitable fabric to prevent inappropriate materials from being utilized 6 REX-WEST believes use of sediment logs may also be appropriate under some conditions. Revision 0,May 1,2006 7 b. At a minimum, install and maintain temporary sediment barriers across the entire construction right-of-way at the base of slopes greater than 5 percent where the base of the slope is less than 50 feet from a waterbody, wetland, or road crossing until revegetation is successful as defined in this Plan. Leave adequate room between the base of the slope and the sediment barrier to accommodate ponding of water and sediment deposition. c. Where wetlands or waterbodies are adjacent to and downslope of construction work areas, install sediment barriers along the edge of these areas, as necessary to prevent sediment flow into the wetland or waterbody. 3. Mulch a. Apply mulch on all slopes (except in actively cultivated cropland) concurrent with or immediately after seeding, where necessary to stabilize the soil surface and to reduce wind and water erosion. Spread mulch uniformly over the area to cover at least 75 percent of the ground surface at a rate of 2 tons/acre of straw or its equivalent, unless the local soil conservation authority, landowner, or land managing agency approves otherwise in writing. b. Mulch can consist of weed-free straw or hay, wood fiber hydromulch, erosion control fabric, or some functional equivalent. c. Mulch before seeding if: (1) final grading and installation of permanent erosion control measures, will not be completed in an area within 20 days after the trench in that area is backfilled (10 days in residential areas), as required in section V.A.1; or (2) construction or restoration activity is interrupted for extended periods, such as when seeding cannot be completed due to seeding period restrictions. d. If mulching before seeding, increase mulch application on all slopes within 100 feet of waterbodies and wetlands to a rate of 3 tons/acre of straw or equivalent. e. If wood chips are used as mulch, do not use more than 1 ton/acre and add the equivalent of 11 lbs/acre available nitrogen (at least 50 percent of which is slow release). f. Ensure that mulch is adequately anchored to minimize loss due Revision 0,May 1,2006 8 to wind and water. g. When anchoring with liquid mulch binders, use rates recommended by the manufacturer. Do not use liquid mulch binders within 100 feet of wetlands or waterbodies. h. Install erosion control fabric on waterbody banks at the time of final bank recontouring. Anchor the erosion control fabric with staples or other appropriate devices. V. RESTORATION A. CLEANUP 1. Commence cleanup operations immediately following backfill operations. Complete final grading, topsoil replacement, and installation of permanent erosion control structures within 20 days after backfilling the trench (10 days in residential areas). If seasonal or other weather conditions prevent compliance with these time frames, maintain temporary erosion controls (temporary slope breakers and sediment barriers) until conditions allow completion of cleanup. REX-West will file with the Secretary for the review and written approval of the Director, a winterization plan if construction continues into the winter season when conditions could delay successful decompaction, topsoil replacement, or seeding until the following spring. 2. A travel lane may be left open temporarily to allow access by construction traffic if the temporary erosion control structures are installed as specified in section IV.F. and inspected and maintained as specified in sections II.B.12 through 14. When access is no longer required the travel lane must be removed and the right-of-way restored. 3. Rock excavated from the trench may be used to backfill the trench only to the top of the existing bedrock profile. Rock that is not returned to the trench should be considered construction debris, unless approved for use as mulch or for some other use on the construction work areas (see section VI.C ) or by the landowner or land managing agency. 4. Remove excess rock from at least the top 12 inches of soil in all actively cultivated or rotated cropland and pastures, hayfields, and residential areas, as well as other areas at the landowner's request. The size, density, and distribution of rock on the construction work area should be similar to adjacent areas not disturbed by construction. Revision 0,May 1,2006 9 The landowner may approve other provisions in writing. 5. Grade the construction right-of-way to restore pre-construction contours and leave the soil in the proper condition for planting. 6. Remove construction debris from all construction work areas unless the landowner or land managing agency approves otherwise. 7. Remove temporary sediment barriers when replaced by permanent erosion control measures or when revegetation is successful. B. PERMANENT EROSION CONTROL DEVICES 1 . Trench Breakers a. Trench breakers are intended to slow the flow of subsurface water along the trench. Trench breakers may be constructed of materials such as sand bags or polyurethane foam. Do not use topsoil in trench breakers. b. An engineer or similarly qualified professional shall determine the need for and spacing of trench breakers. Otherwise, trench breakers shall be installed at the same spacing as and upslope of permanent slope breakers. c. In agricultural fields and residential areas where slope breakers are not typically required, install trench breakers at the same spacing as if permanent slope breakers were required. d. At a minimum, install a trench breaker at the base of slopes greater than 5 percent where the base of the slope is less than 50 feet from a waterbody or wetland and where needed to avoid draining a waterbody or wetland. 2. Permanent Slope Breakers a. Permanent slope breakers are intended to reduce runoff velocity, divert water off the construction right-of-way, and prevent sediment deposition into sensitive resources. Permanent slope breakers may be constructed of materials such as soil, sand bags, or some functional equivalent. b. Construct and maintain permanent slope breakers in all areas, except cultivated areas and lawns, using spacing recommendations obtained from the local soil conservation authority or land managing agency. In the absence of written recommendations, use the following spacing unless closer spacing is necessary to avoid excessive Revision 0,May 1,2006 10 erosion on the construction right-of-way: Slope r/o) Spacing (feet) 5 - 15 300 >15 - 30 200 >30 100 c. Construct slope breakers to divert surface flow to a stable area without causing water to pool or erode behind the breaker. In the absence of a stable area, construct appropriate energy- dissipating devices at the end of the breaker. d. Slope breakers may extend slightly (about 4 feet) beyond the edge of the construction right-of-way to effectively drain water off the disturbed area. Where slope breakers extend beyond the edge of the construction right-of-way, they are subject to compliance with all applicable survey requirements. C. SOIL COMPACTION MITIGATION 1 . Test topsoil and subsoil for compaction at regular intervals in agricultural and residential areas disturbed by construction activities. Conduct tests on the same soil type under similar moisture conditions in undisturbed areas to approximate preconstruction conditions. Use penetrometers or other appropriate devices to conduct tests. 2. Plow severely compacted agricultural areas with a paraplow or other deep tillage implement. In areas where topsoil has been segregated, plow the subsoil before replacing the segregated topsoil.' Alternatively, make arrangements with the landowner to plant and plow under a "green manure" crop, such as alfalfa, to decrease soil bulk density and improve soil structure. If subsequent construction and cleanup activities result in further compaction, conduct additional tilling. 3. Perform appropriate soil compaction mitigation in severely compacted residential areas. D. REVEGETATION 1. General a. REX-West is responsible for ensuring successful revegetation of soils disturbed by project-related activities, except as noted in section V.D.1.b. 7 REX-WEST will consult with the landowner, NRCS, or other agency relative to the specific soils found at the specific location and perform soil decompaction as required by the affected party. Revision 0,May 1,2006 11 b. Restore all turf, ornamental shrubs, and specialized landscaping in accordance with the landowner's request, or compensate the landowner. Restoration work must be performed by personnel familiar with local horticultural and turf establishment practices. 2. Soil Additives Fertilize and add soil pH modifiers in accordance with written recommendations obtained from the local soil conservation authority, land management agencies, or landowner. Incorporate recommended soil pH modifier and fertilizer into the top 2 inches of soil as soon as possible after application. 3. Seeding Requirements a. Prepare a seedbed in disturbed areas to a depth of 3 to 4 inches using appropriate equipment to provide a firm seedbed. When hydroseeding, scarify the seedbed to facilitate lodging and germination of seed. b. Seed disturbed areas in accordance with written recommendations for seed mixes, rates, and dates obtained from the local soil conservation authority or the request of the landowner or land management agency. Seeding is not required in actively cultivated croplands unless requested by the landowner. c. Perform seeding of permanent vegetation within the recommended seeding dates. If seeding cannot be done within those dates, use appropriate temporary erosion control measures discussed in section IV.F. and perform seeding of permanent vegetation at the beginning of the next recommended seeding season. Lawns may be seeded on a schedule established with the landowner. d. In the absence of written recommendations from the local soil conservation authorities, seed all disturbed soils within 6 working days of final grading, weather and soil conditions permitting, subject to the specifications in section V.D.3.a-c. e. Base seeding rates on Pure Live Seed. Use seed within 12 months of seed testing. f. Treat legume seed with an inoculant specific to the species using the manufacturer's recommended rate of inoculant appropriate for the seeding method (broadcast, drill, or hydro). g. In the absence of written recommendations from the local soil Revision 0,May 1,2006 12 conservation authorities, landowner, or land managing agency to the contrary, a seed drill equipped with a cultipacker is preferred for seed application. Broadcast or hydroseeding can be used in lieu of drilling at double the recommended seeding rates. Where seed is broadcast, firm the seedbed with a cultipacker or roller after seeding. In rocky soils or where site conditions may limit the effectiveness of this equipment, other alternatives may be appropriate (e.g., use of a chain drag) to lightly cover seed after application, as approved by the Environmental Inspector. VI. OFF-ROAD VEHICLE CONTROL To each owner or manager of forested lands offer to install and maintain measures to control unauthorized vehicle access to the right-of-way. These measures may include: A. Signs; B. Fences with locking gates; C. Slash and timber barriers, pipe barriers, or a line of boulders across the right of-way; and D. Conifers or other appropriate trees or shrubs across the right-of-way. VII. POST-CONSTRUCTION ACTIVITIES A. MONITORING AND MAINTENANCE 1. Conduct follow-up inspections of all disturbed areas after the first and second growing seasons to determine the success of revegetation. 2. Revegetation in non-agricultural areas shall be considered successful if upon visual survey the density and cover of non-nuisance vegetation are similar in density and cover to adjacent undisturbed lands. In agricultural areas, revegetation shall be considered successful if crop yields are similar to adjacent undisturbed portions of the same field or landowner has been suitably compensated as specified in section V.D.1.a. of this plan Continue revegetation efforts until revegetation is successful. 3. Monitor and correct problems with drainage and irrigation systems resulting from pipeline construction in active agricultural areas until restoration is successful. 4. Restoration shall be considered successful if the right-of-way surface condition is similar to adjacent undisturbed lands, construction debris is removed (unless requested otherwise by the land owner or land managing agency), revegetation is successful, and proper drainage Revision 0,May 1,2006 13 has been restored or landowner has been suitably compensated as specified in section V.D.1.a. of this plan. 5. Routine vegetation maintenance clearing shall not be done more frequently than every 3 years. However, to facilitate periodic corrosion and leak surveys, a corridor not exceeding 10 feet in width centered on the pipeline may be maintained annually in a herbaceous state. In no case shall routine vegetation maintenance clearing occur between April 15 and August 1 of any year. 6. Efforts to control unauthorized off-road vehicle use, in cooperation with the landowner, shall continue throughout the life of the project. Maintain signs, gates, and vehicle trails as necessary. B. REPORTING 1 . REX-West will maintain records that identify by milepost: a. method of application, application rate, and type of fertilizer, pH modifying agent, seed, and mulch used; b. acreage treated; c. dates of backfilling and seeding; d. names of landowners requesting special seeding treatment and a description of the follow-up actions; and e. any problem areas and how they were addressed. 2. REX-West will file with the Secretary quarterly activity reports documenting problems, including those identified by the landowner, and corrective actions taken for at least 2 years following construction. Revision 0,May 1,2006 14 STATE OF COLORADO Updated 3/2006 GENERAL PERMIT APPLICATION AND STORMWATER MANAGEMENT PLAN GUIDANCE FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY Applicability: This application is for use by all entities engaged in construction activities to obtain coverage under the general permit for Stormwater Discharges Associated with Construction Activities(the Stormwater Construction Permit). Construction activities including clearing, grading, excavation, demolition activities, haul roads, areas used for staging, and other ground disturbance activities. Construction does not include routine maintenance performed by public agencies or their agents to maintain original line and grade, hydraulic capacity, or original purpose of the facility. Coverage is required by State and Federal regulations for stormwater discharged from any construction activity that disturbs at least 1 acre of land(or is part of a larger common plan of development or sale that will disturb at least 1 acre). A"common plan of development or sale" is a site where multiple separate and distinct construction activities may be taking place at different times on different schedules, but still under a single plan. This includes phased projects, projects with multiple filings or lots, and projects in a contiguous area that may be unrelated but still under the same contract. If the project is part of a common plan of development or sale,the disturbed area of the entire plan must be used in determining permit requirements, and all portions of the project must be covered. NEW FOR THIS APPLICATION • Site Map/Legal Description—A site map or legal description(subdivision/block/lot) indicating the site boundaries is now required. This is not the same as providing the township, range, section information previously required. • Applicant and Operator Liability—An applicant under this permit agrees to assume liability for compliance with the requirements of the Construction General Permit for the entirety of the construction site/project described and applied for, until such time as the applicant takes the necessary actions to amend,transfer, or inactivate their certification, or the permit expires. The Application Certification language has been revised to clarify this requirement. It is the applicant's responsibility to be familiar with the requirements of the permit and ensure compliance with those requirements. • Restrictions on Who May Apply for and Maintain the Permit—The applicant must be either the owner and/or operator of the construction site. An operator at a construction site who is not covered by a certification held by an appropriate entity may be held liable for operating without the necessary permit coverage. Refer to Parts B and C of the Instructions, below. • Stormwater Management Plan Guidance—The guidance which was previously available as a separate document has now been added as Appendix A to this application. The guidance has been revised and updated. Additional Guidance Additional information, including further discussion on permittee and operator liability, is available in the Stormwater Fact Sheet for Construction, available from the Division's web site at www.cdphe.state.co.us/ wq/PermitsUnit. If you have questions on completing this application, you may contact the Division at cdphe.wqstorm@state.co.us or(303) 692-3517. INSTRUCTIONS A) Submitting the Application Application Due Date: At least ten days prior to the anticipated start of construction,the owner or operator of the construction activity shall submit an application as provided by the Water Quality Control Division (the "Division"). This form may be reproduced, and is also available from the Division's web site at www.cdphe.state.co.us/ wq/PermitsUnit. Following processing of the application, a permit certification and other relevant materials will be sent to the attention of the legally responsible person(Item 9 on the application form). Permit Fee: Do not send any payment with this application. You will be billed once you are covered under a permit. Current permit fees can be obtained from the Division's web site at www.cdphe.state.co.us/wq/PermitsUnit. 3/06/Const Application Completeness: All items of the application must be completed accurately and in their entirety or the application will be deemed incomplete, and processing of the application will not begin until all information is received. (Do not include a copy of the Stormwater Management Plan, unless requested by the Division.) One original copy of the completed application (no faxes or e-mails) shall be submitted, only to: Colorado Department of Public Health and Environment Water Quality Control Division WQCD-Permits-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 B) Who May Apply For and Maintain Permit Coverage The applicant must be a legal entity that meets the definition of either the owner and/or operator of the construction site, in order for this application to legally cover the activities occurring at the site. The applicant must have day-to- day supervision and control over activities at the site and implementation of the Stormwater Management Plan (SWMP)discussed in Appendix A. Although it is acceptable for the applicant to meet this requirement through the actions of a contractor, as discussed in the examples below, the applicant remains liable for violations resulting from the actions of their contractor. Examples of acceptable applicants include: • Owner or Developer- An owner or developer who is operating as the site manager or otherwise has supervision and control over the site, either directly or through contract with an entity such as those listed below. • General Contractor or Subcontractor- A contractor with contractual responsibility and operational control (including SWMP implementation)to address the impacts construction activities may have on stormwater quality. • Other Delegated Agents/Contractors - Other agents, such as a consultant acting as construction manager under contract with the owner or developer, with contractual responsibility and operational control to address the impacts construction activities may have on stormwater quality(including SWMP implementation). An entity engaged in construction activities may be held liable for operating without the necessarvpermit coverage if a site does not have a permit certification in place that is issued to either an owner and/or operator. For example, if a site, or portion of a site, is sold or contractors change, so that the site's permit certification is then held by a permittee that is no longer either the owner or operator(such as the previous owner or contractor), that permit will no longer cover the new operator's activities, and a new certification must be issued, or the current certification transferred. See Part C, below, for additional guidance on scenarios with multiple owners and/or operators. A separate permit certification is not needed for subcontractors, such as utility service line installers, whose activities result in earth disturbance, but where the permittee or their contractor is identified as having the operational control to address the impacts their activities may have on stormwater quality. C) Permitting for Developments with Multiple Owners and/or Operators For situations where multiple entities meet the definition of owners and/or operators for different portions of a development(e.g., a single development with multiple lots being owned and operated by separate entities), it is essential that the permittees, owners, and operators at the site correctly follow the guidance on who may apply for coverage under the Stormwater Construction Permit(see Part B, above). When a portion of a permitted site is sold to a new owner, a permit certification must be in place that is held by an entity meeting the definition of owner and/or operator of that sold lot. This may be accomplished in one of the following ways: • Coverage Under the Existing Certification-Activities at the sold lot may be covered under an existing permit certification for the project if the current permittee meets the definition of operator for the sold lot. To meet the definition of operator,the permittee must have contractual responsibility and operational control to address the impacts that construction activities at the sold lot may have on stormwater quality(including implementation of the SWMP for the lot). Therefore, a contract must exist assigning this responsibility to the permit holder on behalf of the new owner and/or operator. • A New Certification Issued—A new permit certification may be issued to the new owner and/or operator of the sold lot. The existing permittee and the new owner and/or operator must complete the Reassignment Form (provided with your permit certification)to remove the lot from the existing permit certification and cover it under a certification issued to the owner and/or operator of the sold lot. A more detailed explanation is available in the Stormwater Fact Sheet for Construction, available from the Division's web site at www.cdphe.state.co.us/wq/PermitsUnit. 3/06/Const ii D) Instructions for the Application Form Item 1 -Applicant Information: Provide the company name, address, phone number, and local contact information for the project. Indicate whether the applicant is the owner,the developer, or a contractor. Item 2 -Location of the Construction Site: Provide the following information: • Street Address—Provide the address of the construction site. If an exact address is not available you may use an approximate address, the nearest intersection or boundary streets including directional identifiers(e.g., "S. of Park St. between 5th Ave. and 10th Ave.", or"W. side of C.R. 21, 3.25 miles N. of Hwy 10") or other identifying information. A street name without an address, intersection, mile marker, or other identifying information describing the location of the project is not adequate. For linear projects,the route of the project should be described as best as possible with the location more accurately indicated by a map(see Item 3). • Project Name, City,and County—If the project is located within the unincorporated portion of a county, write"unincorporated" in the space provided for the city name. • Latitude/Longitude - For the approximate center point of the property,to the nearest 15 seconds. The latitude and longitude must be provided as either degrees, minutes, and seconds, or in decimal degrees with three decimal places. This information may be obtained from a variety of sources, including: o Surveyors or engineers for the project should have, or be able calculate,this information. o EPA maintains a web-based siting tool as part of their Toxic Release Inventory program that uses interactive maps and aerial photography to help users get latitude and longitude. The siting tool can be accessed at www.epa.gov/tri/report/siting_tool/index.htm o U.S. Geological Survey topographical map, available at area map stores. o Using a Global Positioning System (GPS) unit to obtain a direct reading. Item 3 -Legal Description or Map: One of these two items must be provided: • Legal Description of the entire site covered by the application that must include subdivision(s), block(s), and lot(s) (providing the metes and bounds or just the township/section/range, is not adequate). This information should be available for subdivided properties from documents submitted to or maintained by the city or county, such as the subdivision plat or deed. If this information is not available, a map must be submitted. —or— • Site Map that defines the boundaries of the site being applied for. The level of detail that must be provided will depend on the nature of the project and must be adequate so that it can be determined during a field audit what construction activities are covered under the issued certification. For typical developments within a specific surveyed property, a map clearly showing the property boundaries should be obtainable. For projects located in areas with adjacent construction areas that will not be covered by the application (such as multi-lot developments with multiple owners/operators),this detail is essential. However, for projects such as road or utility projects, where providing this detail may not be feasible or necessary to distinguish the project from adjacent activities, a less detailed map showing the approximate area is adequate. Maps must have a minimum scale of 1:24000 (the scale of a USGS 7.5 minute map). Maps must be folded to 8% x 11 inches. Do not submit grading plans or other blueprints as the site map or the application will be rejected. This is not the same as the map required in the SWMP(see Appendix A). Item 4-Area of Construction Site: Provide both the total area of the construction site, and the area that will undergo disturbance, in acres. Note: aside from clearing, grading and excavation activities, disturbed areas also include areas receiving overburden(e.g., stockpiles), demolition areas, and areas with heavy equipment/vehicle traffic and storage that disturb existing vegetative cover. If the project is part of a larger common plan of development or sale(see the definition at the top of page one of the instructions), the disturbed area of the total plan must also be included. This will be used to determine if the project is a Small Construction Site (see Item 6), and if the site may qualify for a waiver. (A waiver based on the R-Factor(or Rainfall Erosivity Factor) may be available if the total of the disturbed area is less than five acres, and the project will last less than one year. See www.cdphe.state.co.us/wq/PermitsUnit for more information.) 3/06/Const iii Item 5-Nature of Construction Activities: Either check the appropriate box or boxes, or if the given descriptions do not fit the project, provide a brief description that indicates the general nature of the construction activities for which permit coverage is being requested. A more detailed description of the project must be included in the Stormwater Management Plan(see Item 8). Item 6-Anticipated Construction Schedule: Provide the current estimated start and final stabilization dates for the construction project as follows: • Construction Start Date- This is the day you expect to begin disturbing soils, including grubbing, stockpiling, excavating, demolition, and grading activities. • Final Stabilization Date - in terms of permit coverage,this is when the site is finally stabilized. This means that all disturbed areas have been either built on, paved, or a uniform vegetative cover has been established. Permit coverage must be maintained until that time. Even if you are only doing one part of the project,the estimated completion date must be for the overall project. If permit coverage is still required once your part is completed,the permit certification may be transferred or reassigned to a new responsible entity(s). Small Construction Sites (1-5 acres) Only: It is very important to provide an accurate estimate. If in doubt, assume a longer period of time. If your estimate is for 12 months or less, the permit fee will be 25%of the annual permit fee* per quarter, with a minimum fee payment of one quarter. The quarter will begin on the date the permit is issued. For those permit certifications issued for longer than 12 months,the annual permit fee* is charged for each year for which the permit is active. You will receive your bill after the issuance of your certification. (*Current permit fees can be obtained from the Division's web site at www.cdphe.state.co.us/wq/PermitsUnit. Fee amount is determined by the Colorado legislature and is subject to change.) If your estimate is for 12 months or less, your certification will automatically expire at the end of the relevant quarter(see certification for exact date). If your project is not completed (finally stabilized) as defined above by that time, you must fill out the Construction Certification Extension form(which will be included with your permit), or risk being in violation of the Clean Water Act. Item 7- Receiving Water(s): Identify the receiving water. Receiving waters are any waters of the State of Colorado. This includes all water courses, even if they are usually dry. If stormwater from the construction site enters a ditch or storm sewer system, identify that system and indicate the ultimate receiving water for the ditch or storm sewer. Note: a stormwater discharge permit does not allow a discharge into a ditch or storm sewer system without the approval of the owner/operator of that system. Item 8- Stormwater Management Plan (SWMP) Certification: The certification of completion of a SWMP must be signed by the applicant or their authorized agent. Appendix A contains the requirements for the SWMP during the period of construction(as listed in the Stormwater Construction Permit). Submittal of the SWMP is not required; however, it must be developed and implemented and kept at the construction site. The Division reserves the right to request the SWMP at any time. Item 9- Signature of Applicant: The applicant must be either the owner and/or operator of the construction site. Refer to Part B of the instructions for additional information. The application must be signed by the applicant to be considered complete. In all cases, it shall be signed as follows: a) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the application originates. b) In the case of a partnership, by a general partner. c) In the case of a sole proprietorship, by the proprietor. d) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official,or other duly authorized employee. This certification includes an acknowledgment that the applicant understands that the permit .\ coverage,and therefore the applicant's liability,will be for the entirety of the construction project described and applied for, until such time as the application is amended or the certification is transferred, inactivated,or expired. 3/06/Const iv GENERAL PERMIT APPLICATION For Agency Use Only C O R-0 3 STORM WATER DISCHARGES ASSOCIATED WITH: Date Received: JNSTRUCTION ACTIVITY Month Day Yea, (Permit No.COR-030000) Billing Code: 9A 9B 9C(I) 9D(2) 9E(3) 9F(4) ALL APPLICANTS MUST FOLLOW THE DIRECTIONS FOR COMPLETION OF THIS FORM IN PART D OF THE INSTRUCTIONS Please print or type. All items must be completed accurately and in their entirety or the application will be deemed incomplete and the application returned. Processing of the application will not begin until all information is received. Please refer to the instructions for information about the required items. Original signatures for Parts 8 and 9 are required. 1. Name and address of the permit applicant: Company Name Rockies Express Pipeline, LLC (REX) Mailing Address 500 Dallas Street, Suite 1000 City, State and Zip Code Houston, Texas 77002 Phone Number(307 .) 760-5635 Who is applying? Owner X Developer Contractor Local Contact(familiar with facility) Ryan H. Childs Title Project Environmental Engineer Phone Number (307 ) 760-5635 Local Contact E-mail Address ryan_childs@kindermorgan.com Legally Responsible Person(application signer)E-mail Address ryan_childs®kindermorgan.com 2. Location of the construction site: Street Address(or cross streets) Please see Attachment 1, Number 2 City(if unincorporated, so indicate) See Attachment 1, Number 2 County See Attachment 1, Number 2 Name of plan, project, or development Rockies Express Pipeline - West Project (REX-West) Latitude/Longitude—use one of the following formats: Latitude / / Longitude / / (e.g.,39°42'II", 104°55'57") degrees minutes seconds degrees minutes seconds -or- Latitude 4 0 , a 5 o Longitude 1 0 3 , 3 1 7 (e.g.,39.703°, 104.933°') degrees(to 3 decimal places) degrees(to 3 decimal places) 3. Legal Description (subdivision, block,and lot)or Map Indicating Site Location/Boundaries: If a map is attached to provide this information,this must be indicated below. Maps must be folded to 81/2 x 1 1 inches. Map Attached? ® Yes, skip to item 4 ❑ No; include legal description per Instructions(use separate sheet if needed): Subdivision(s), Lot(s), Block(s): See Attached Maps 4. Area of the construction site: Total area of project site(acres) 1,786 Area of project site to undergo disturbance(acres) 1,7 a6 Total disturbed area of Larger Common Plan of Development or Sale, if applicable(i.e.,total including all phases, filings, lots, and infrastructure not covered by this application, SEE INSTRUCTIONS!) 1,786 3/06/Const I of 2 5. Nature of the construction activity: Check the appropriate box(s)or provide a brief description that indicates the general nature of the construction activities. (The full description of activities must be included in the Stormwater Management Plan.) ❑Single Family Residential Development [Multi-Family Residential Development ❑Commercial Development ❑Oil and Gas Production and/or Exploration(including pad sites and associated infrastructure) ❑Highway/Road Development(not including roadways associated with commercial or residential development) ❑Other, Describe: 6. Anticipated construction schedule: (SEE INSTRUCTIONS! Providing incorrect information may result in violations.) Construction Start Date: 0 s/ 0 1 / 2 0 0 7 Final Stabilization Date: 0 1 / 0 1 / 2 0 0 8 month day year month day year 7. The name of the receiving waters(s).(If discharge is to a ditch or storm sewer, also include the name of the ultimate receiving water): Please see Attachment 1, Number 7 STOP! A Stormwater Management Plan(see Appendix A)must be completed prior to signing the following certifications! 8. Stormwater Management Plan Certification: "I certify under penalty of law that a complete Stormwater Management Plan,as described in Appendix A of this application, has been prepared for my activity. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,the Stormwater Management Plan is,to the best of my knowledge and belief, true,accurate, and complete. I am aware that there are significant penalties for falsely certifying the completion of said SWMP, including the possibility of fine and imprisonment for knowing violations." Signature of Legally Responsible Person(submission must include original signature) Date Signed Name(printed) Title 9. Signature of Applicant "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment. "I understand that submittal of this application is for coverage under the State of Colorado General Permit for Stormwater Discharges Associated with Construction Activity for the entirety of the construction site/project described and applied for, until such time as the application is amended or the certification is transferred,inactivated,or expired." Signature of Legally Responsible Person(submission must include original signature) Date Signed Name(printed) Title 3/06/Const 2 of 2 APPENDIX A PREPARING A STORMWATER MANAGEMENT PLAN (SWMP) - for the General Permit for Stormwater Discharges Associated with Construction Activities A. INTRODUCTION This document is designed to help you develop a Stormwater Management Plan (SWMP) for your construction project, as required for compliance with the CDPS general permit for Stormwater Discharges Associated with Construction Activities (the Stormwater Construction Permit). It explains what each of the SWMP requirements means, and gives some options for you to consider in developing Best Management Practices (BMPs)that are best suited to your site during construction. This guidance document primarily addresses the SWMP requirements in the Stormwater Construction Permit. Other requirements and limitations, such as records retention, reporting, inspections, etc., are detailed in the Stormwater Construction Permit. Also note that the SWMP and the Stormwater Construction Permit only cover discharges of stormwater. Stormwater Management Plan (SWMP) Goal: to describe appropriate controls and measures to improve water quality by reducing pollutants in stormwater discharges and ensure compliance with the requirements of the stormwater permit. The SWMP must be completed and implemented at the time the project breaks ground,and revised if necessary as construction proceeds to accurately reflect the conditions and practices at the site. Construction dewatering is a separate issue, and must be covered by the Division's general permit for Construction Dewatering(regardless of the size of the construction project). Pumping or draining groundwater that has infiltrated into an excavation requires a general permit for construction dewatering. Stormwater that mixes with groundwater in an excavation is also subject to the controls in the general permit for Construction Dewatering. The application may be obtained from the Division's web page (www.cdphe.state.co.us/wq/PermitsUnit) or by calling(303) 692-3500 and requesting information of wastewater permitting. -"Construction activities produce many different kinds of pollutants which may cause stormwater contamination ,troblems. The main pollutant of concern at construction sites is sediment. Grading activities remove grass, rocks, pavement and other protective ground covers, resulting in the exposure of underlying soil to the elements. The soil is then easily picked up by wind and/or washed away by rain or snowmelt. For example, sediment runoff rates from construction sites are typically 10 to 20 times greater than those from agricultural lands, and 1,000 to 2,000 times greater than those of forest lands. During a short period of time, construction activity can contribute more sediment to streams than would normally be deposited over several decades,causing physical and biological harm to our State's waters. The added sediment chokes the river channel and covers the areas where fish spawn and plants grow. Excess sediment can cause a number of Uncontrolled storm water discharges from other problems for waterbodies, such as increased difficulty in areas of urban development and construction filtering drinking water, and clouding the waters which can kill activity negatively impact receiving waters by plants growing in the river and suffocate fish. A number of changing the physical, biological, and chemical pollutants, such as nutrients, are absorbed onto sediment particles composition of the water, resulting in an and also are a source of pollution associated with sediment unhealthy environment for aquatic organisms, discharged from construction sites. wildlife, and humans. In addition, construction activities often require the use of toxic or hazardous materials such as petroleum products, fertilizers, pesticides and herbicides, and building materials such as asphalt, sealants and concrete, which may pollute stormwater. These materials can be harmful to humans, plants and aquatic life. B. GENERAL GUIDANCE BMPs: Best Management Practices(BMPs) can describe a wide range of structural treatment processes, pollution prevention practices, schedules of activities, prohibitions on practices, and other management practices. There are a multitude of structural and nonstructural BMP which should be considered, depending upon the specific site and construction activity. Nonstructural BMPs, such as preventive maintenance or preserving natural vegetation, are mainly definitions of operational or managerial techniques. Structural BMPs include physical processes ranging from diversion structures to silt fences to retention ponds. Most of the BMPs referenced here are widely used in the 3/06/Const A-I construction industry. They Management practices to prevent the discharge of sediment typically include: generally involve a simple and low 1. Erosion Control BMPs- Practices to prevent the erosion of soil. ,cost approach,and can be very Examples: ffective when properly installed • minimizing the amount of disturbed soil through phasing,temporary and maintained. BMPs also stabilization, or leaving existing vegetation include operating procedures, • preventing runoff from flowing across disturbed areas treatment requirements and practices to control site runoff, 2. Sediment Control BMPs- Practices to remove sediment from runoff. drainage from materials storage, Examples: spills or leaks, etc. • retaining stormwater in ponds or behind silt fence to settle out sediment • filtering stormwater through filter fabric on inlets The Stormwater Construction Permit requires the use of a self-designed SWMP. This plan is based on the use of BMPs. For construction sites,there are several types of BMPs: those that prevent erosion,those that prevent construction materials introducing pollutants to stormwater, and those that remove sediment and other pollutants before they can be discharged (see box, above). Implementation: The SWMP focus is primarily on controls used during earth-disturbing activities. This means that many sediment control BMPs, such as silt fence and inlet protection, will have to be installed before grading begins, not after. Common Sense Approach: Your SWMP is intended to be a usable document, not a paper exercise. Therefore, do not include measures which may sound good, but are unreasonable or not feasible for your site. Failure to implement your SWMP,even if the BMPs listed do not make sense, puts you in automatic violation of the Stormwater Construction Permit. For example,a blanket statement that runoff from all disturbed areas will be controlled by silt fences, even if the slope or channels are too steep/narrow for this particular BMP, would be unreasonable. On the other hand, if a particular BMP is listed in the SWMP, but then later turns out to be impractical or ineffective,the SWMP must be amended to reflect the changes/improvements made. ;WMP Items, Format: When preparing your plan, make sure to address each item included in this guidance. If it is not applicable to your site, briefly explain why. A simple "Not Applicable" is not enough. Failure to address each item is a violation of the Stormwater Construction Permit. In addition, your SWMP should follow the same format as the SWMP requirements listed in Part C, below. That is, even if you are using an existing document(such as plans and specs) which includes the SWMP items somewhere within it,you should also include a cover sheet that cross-references each of the SWMP items, and indicates where it can be found in your existing document. You must be able to provide all required components of the SWMP to a State, EPA, or local agency inspector at your site, so the location and format of the information must be clear to the site personnel in charge of SWMP implementation. Existing Controls: Note that the SWMP should include any existing stormwater controls at your site, not just new or proposed ones. It can also include any erosion, sediment or drainage controls which are required by other regulations, such as local erosion and sediment control ordinances, if you are also using them to meet the SWMP requirements. Control Implemented by Other Parties: A permittee will often have to rely on controls implemented by other parties to ensure adequate management of stormwater runoff. For example, if a permit certification is obtained to cover a lot in a larger development,the permittee may need to rely on BMPs implemented by an entity in charge of the greater development, such as sweeping the streets and implementation of inlet protection or a water quality detention pond that is treating runoff from several different lots. In such a situation, the BMPs implemented by the other party must still be fully addressed by the permittee's SWMP and written agreements must exist between the permittee and the party implementing the BMP(s)to ensure adequate operation and maintenance of those BMPs. Additional guidance is available in the Stormwater Fact Sheet for Construction, available from the Division's web site at www.cdphe.state.co.us/wq/PermitsUnit. SWMP Availability: A copy of the SWMP must be kept on site, for ready availability to the operator, and so that 'a...Division or EPA personnel can review it during an inspection. City, county, and local agencies may also request the SWMP as part of a local oversight program. If an office location is not available at the site,the SWMP must be managed so that it is available at the site when construction activities are occurring(e.g., by keeping the SWMP in a superintendent's vehicle.) 3/06/Const A-2 SWMP Administrator: It is helpful to have a designated SWMP Administrator, so that dealings with the Division, and changes to the plan,can be coordinated. The SWMP Administrator becomes the contact for all SWMP-related issues and 'in's the person responsible for its accuracy, completeness, and implementation. Therefore, the SWMP Administrator should oe a person with authority to adequately manage day-to-day stormwater quality management activities at the site. C. INDIVIDUAL SWMP ITEMS In this section, the text in bold italics, and marked with the I'crmil banner, is quoted directly from the Stormwater Construction Permit. The text in standard typeface is provided as guidance in the preparation of your SWMP. The references (Part I.B.1., for example) correspond to the location of the item in the Stormwater Construction Permit. C.1 INDIVIDUAL SWMP ITEMS—General SWMP Requirements Pan I.B. Stormwater Management Plan- Contents and Requirements The SWMP shall be prepared in accordance with good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.) The main objective of the plan shall be to identify Best Management Practices (BMPs) which when implemented will meet the terms and conditions of the general permit The plan shall identify potential sources of pollution (including sediment) which may reasonably be expected to affect the quality of stormwater discharges associated with construction activity from the facility. In addition, the plan shall describe and ensure the implementation of BMPs which will be used to reduce the pollutants in stormwater discharges associated with construction activity. Construction operations must implement the provisions of the SWMP required under this part as a condition of this permit. Facilities must implement the provisions of the SWMP required under this part as a condition of their permit The Division reserves the right to review those plans, and to require additional measures to prevent and control pollution as needed The SWMP shall include the following items, at a minimum: C.2 INDIVIDUAL SWMP ITEMS—Narrative Site Description Pan LB.1. Contents and Requirements -Site Description Each plan shall provide a description of the following: a) A description of the construction activity. b) The proposed sequence for major activities. c) Estimates of the total area of the site, and the area of the site that is expected to undergo clearing, excavation or grading. d) An estimate of the runoff coefficient of the site before and after construction activities are completed and any existing data describing the soil,soil erosion potential or the quality of any discharge from the site. e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover. j) The location and description of any other potential pollution sources,such as vehicle fueling, storage of fertilizers or chemicals, etc. g) The location and description of any anticipated non-stormwater components of the discharge,such as springs and landscape irrigation return flow. h) The name of the receiving water(s) and the size, type and location of any outfall or, if the discharge is to a municipal separate storm sewer, the name of that system, the location of the storm sewer discharge, and the ultimate receiving water(s). This part requires a narrative description of the overall scope and physical characteristics of the project, as follows: a) Include a description of the construction activities at the site(e.g.,type of project, a summary of the grading activities, -- installation of utilities, paving, excavation, landscaping, etc) and the final disposition of the property. a) Describe the sequence of events involved in the construction project, such as grading, excavation, etc. c) This information, which is also required in the application, is useful in determining the extent of control measures needed. 3/06/Const A-3 d) The runoff coefficient("C" value) is the percentage of precipitation volume which will not be absorbed by the surface. For example, for a 1" rainfall onto a paved surface, 85% of the water may run off. Typical "C" values are shown in the following table and may be used to complete this requirement. For sites with a variety of land use types, you can make an assumption of an average site "C"value based on the table. Typical Runoff Coefficient"C" Values (ASCE 1960) Description of Area "C" Value Description of Area "C" Value Business - Downtown areas 0.70—0.95 Parks, cemeteries 0.10—0.25 Business -Neighborhood areas 0.50—0.70 Playgrounds 0.20—0.35 Residential - Single-family areas 0.30—0.50 Railroad yard areas 0.20—0.40 Residential- Multiunits, detached 0.40—0.60 Unimproved areas 0.10—0.30 Residential- Multiunits, attached 0.60—0.75 Lawns - course textured soil(greater than 85% sand): Industrial - Light areas 0.50—0.80 Slope: Flat, 2% 0.05 —0.10 Industrial- Heavy areas 0.60—0.90 Average, 2-7% 0.10—0.15 Streets - Asphalt 0.70—0.95 Steep, 7% 0.15—0.20 Streets- Concrete 0.80—0.95 Lawns - fine textured soil(greater than 40% clay): Streets- Brick 0.70—0.85 Slope: Flat, 2% 0.13 —0.17 Drives and walks 0.75—0.85 Average, 2-7% 0.18—0.22 Roofs 0.75 —0.95 I Steep, 7% 0.25 —0.35 e) It is necessary to include the percentage of existing vegetative ground cover in order to determine, after construction, when the site has been finally stabilized. See Part I.B.4 of the Stormwater Construction Permit(also page Section C.5 of this document), for final stabilization criteria. Final stabilization of the site is necessary before coverage under the Stormwater Construction Permit can be terminated. .-•t) Describe the materials and activities at the site that may have an impact on stormwater. These may include such things as: equipment or vehicle washing; fertilizers, chemicals, or other materials storage;vehicle maintenance or fueling; waste incineration, treatment, storage or disposal; haul roads; off-site vehicle tracking; loading/unloading areas, etc. g) Will there be any discharge from the project site during construction that is not from stormwater? If so, describe the source and how it will be handled. h) This information is also required in the permit application. For example, "runoff from the east side of the site will go to a roadside ditch which discharges to Jimmy Smith Gulch; runoff from the west side of the site will go to an unnamed tributary to Westerly Creek." C.3 INDIVIDUAL SWMP ITEMS-Site Map Part I.B.2. Contents and Requirements -Site Mao Each plan shall provide a generalized site map or maps which indicate: -construction site boundaries -all areas of soil disturbance -areas of cut and fill -areas used for storage of building materials, soils or wastes -location of any dedicated asphalt or concrete batch plants -location of major erosion control facilities or structures -springs, streams, wetlands and other surface waters -boundaries of 100-year flood plains, if determined A site map must be developed for each construction project. The site map must show those items listed above. It does not need to be drawn to scale, but it should be legible and easy to read. Maps that are part of the construction plans, such as a grading plan, are a good base for developing the site map, if they are amended to include all required information as 'discussed below. Local municipalities may also have maps suitable as bases to begin mapping procedures. If no other suitable base maps are available, one must be developed. Regardless of the source of the base map,the site map needs to be of suitable scale to show the construction portion of the site and the features within it. 3/06/Const A-4 Using Construction Plans, Plans Developed to Meet Local Stormwater Requirements,or Other Plans: In many cases, some of the information required for the SWMP will also be included in items such as construction plans, documents developed for a local stormwater program, material management plans, etc. These materials may be used to meet the SWMP requirements, if they are amended and/or supplemented to include all required information. If the SWMP will be incorporated into the construction plan, all of the required narrative information must also be included in the plans, or developed as a separate document. If a separate document is used for some of the information not in the construction plans, or if the information will be included in various portions of the plans,the permittee must still be able to provide all required components of the SWMP to a State or EPA inspector at your site. It is highly recommended that a narrative or index be maintained referencing the location of all information required to be included in the SWMP. In addition to the items specifically mentioned in the permit, above, it is useful to also indicate on the map the following: • Drainage basins for each outfall. Field inspection can usually accomplish this task with acceptable accuracy. Look for high areas such as crests of hills, parking lots, roads, etc. which would form the division between drainages. Gullies and swales are indicators of stormwater flow direction. Obviously, if runoff is observed during a storm, most uncertainties can be eliminated. The drainage areas shown should include the portions of the site where the activities described in I.B.I.f of the Stormwater Construction Permit(see the Permit language in section C.2, above) occur, as well as those portions (such as upslope areas) contributing stormwater that mixes with runoff from the construction area. • Surface water bodies(including dry water courses). • Mark on the site map any surface water bodies, including lakes, streams, springs, wetlands, detention ponds, roadside or irrigation ditches, etc. These do not necessarily need to be within the construction portion of the site, but may be adjacent to it or impacted by stormwater runoff. Also include any existing storm sewers. • Existing and planned structural stormwater pollution control measures. Show on the map the location of any structural stormwater pollution control measures, such as detention ponds, diversion ditches, covered material storage areas, fuel farm secondary containment structures, etc. This item may be required to comply with the requirements for describing BMPs. Refer to the guidance on how to"Document Selected BMPs in the SWMP" in Section C.4, below. • Areas where construction activities take place, as identified in Part I.B.l.a of the Stormwater Construction Permit(see the permit language in section C.2, above). • Paved and unpaved areas where the runoff coefficient may be different. In addition, other features could be included to make the SWMP a more comprehensive and usable plan. For example, a later section of the SWMP includes requirements for material handling and spill prevention procedures, which could include a site map showing where materials are stored. By including materials handling, loading and storage areas on the site map, all information would be in one place on a single base map. Refer to Section D of this guidance for sources of sample maps, such as the Douglas County Grading, Erosion, and Sediment Control(GESC) Manual and the Construction Industry Compliance Assistance Center. 3/06/Const A-5 C.4 INDIVIDUAL SWMP ITEMS—BMPs and Other Controls Part LB.3. Contents and Requirements -BMPs for Storm water Pollution Prevention The plan shall include a narrative description of appropriate controls and measures that will be implemented before and during construction activities at the facility. The plan shall clearly describe the relationship between the phases of construction and the implementation and maintenance of controls and measures. For example, which controls will be implemented during each of the following stages of construction: clearing and grubbing necessary for perimeter controls, initiation of perimeter controls, remaining clearing and grubbing, road grading,storm drain installation,final grading,stabilization, and removal of control measures. The description of controls shall address the following minimum components: a) Erosion and Sediment Controls 1) Structural Practices. A description of structural site management practices which will minimize erosion and sediment transport. Such practices may include: straw bales,silt fences, earth dikes, drainage swales, sediment traps,subsurface drains,pipe slope drains, inlet protection, outlet protection,gabions, and temporary or permanent sediment basins. 2) Non-Structural Practices. A description of interim and permanent stabilization practices, including site- specific scheduling of the implementation of the practices. Site plans should ensure that existing vegetation is preserved where possible and that disturbed areas are stabilized. Non-structural practices may include: temporary seeding,permanent seeding, mulching,geotextiles, sod stabilization, vegetative buffer strips, protection of trees, and preservation of mature vegetation. 3) The SWMP shall identify any procedures or significant materials handled at the site that could contribute pollutants to runoff. These could include:exposed storage of building materials,fertilizers or chemicals; waste piles; and equipment maintenance or fueling procedures. Areas or procedures where potential spills can occur shall have spill prevention and response procedures identified. Measures to control stormwater pollution from dedicated concrete batch plants or dedicated asphalt batch plants covered by this certification, must be identified in the SWMP. Part LB.5. Contents and Requirements -Other Controls* A description of other measures to control pollutants in stormwater discharges, including plans for waste disposal and limiting off site soil tracking. * Included out of order from the permit to provide better continuity of guidance This is the key part of the SWMP- a narrative description of the appropriate stormwater management practices for the permittee's site. As further addressed below, in many cases it may be necessary to supplement the narrative description with technical drawings in order to accurately communicate the design standards for certain structural BMPs. Evaluate Potential Pollutant Sources: The first thing to do is assess the potential of various sources at the site to contribute pollutants to stormwater discharges. Evaluate the following types of activities/sources for the reasonable potential for contributing pollutants to runoff: • all exposed and stored soils • off-site vehicle tracking of sediments • management of contaminated soils • loading and unloading operations • outdoor storage activities (building materials, fertilizers, chemicals, etc.) • vehicle and equipment maintenance and fueling • significant dust or particulate generating processes • other routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc. • on-site waste disposal practices(waste piles, dumpsters, etc.) • concrete truck/equipment washing • non-industrial waste sources that may be significant, such as worker trash and portable toilets • other areas or procedures where potential spills can occur 3/06/Const A-6 Judge the potential for the material to pollute stormwater using, at a minimum,the following criteria: • the intensity of the activity(i.e., does it occur every day, or just once a month, etc.) Can it be scheduled to occur only during dry weather? the size of the area over which the activity takes place, the surface type (pavement, gravel, vegetation, etc.), and other physical characteristics such as slope • ability of product storage and loading/unloading facilities(fuel tanks, drum storage, etc.)to contain spills and leaks • the proximity of product storage and loading/unloading facilities to waterways or drainage facilities • the concentration and toxicity of materials which can be expected to be found in the site's stormwater runoff • the contamination of storage facilities by the substances being stored (e.g., used oil drums or tanks coated with spilled oil) In each case where stormwater pollution potential exists, appropriate preventive measures (that is, BMPs)must be documented and implemented. Non-Stormwater Discharges Except for fire fighting activities,landscape irrigation return flow,and natural springs,the Construction General Permit only covers discharges composed entirely of stormwater. Discharges of material other than stormwater must be addressed in a separate permit issued for that discharge. Contact the Water Quality Control Division or visit our web page at www.cdphe.state.co.us/wq/PermitsUnit for guidance and applications. Selecting Appropriate BMPs: When selecting BMPs,the most important ones to evaluate first are those which limit the source of the pollutant. It is much more efficient, from both a cost and environmental standpoint,to prevent the pollution in the first place than to clean up contaminated stormwater. For example, mulching disturbed ground to reduce erosion, in most cases, is easier and more effective than trying to capture and treat the sediment-laden runoff before it reaches state waters. — Specific BMPs for Material Handling: Where materials can impact stormwater runoff, existing and planned practices that reduce the potential for contamination shall be described. For example, materials should be stored and handled in covered areas to prevent contact with stormwater, and chemicals should be stored within berms or secondary containment devices to prevent leaks and spills from entering stormwater runoff. In general, spill prevention and response procedures should include the following: • notification procedures to be used in the event of an accident. At the very least,the SWMP Administrator should be notified. Depending on the nature of the spill and the material involved,the Colorado Dept. of Health, downstream water users, or other agencies may also need to be notified. • instructions for clean-up procedures • provisions for absorbents to be made available for use in fuel areas, and for containers to be available for used absorbents. • procedures for properly washing out concrete trucks and other equipment in a manner and location so that the materials and wash water can not discharge from the site, and never into a storm drain system or stream. Once source reduction BMPs have been evaluated,then more costly options, such as mitigation of impacts, or stormwater treatment through detention storage, must be considered if necessary. The BMPs selected are up to the judgment of the individual permittee, based on the conditions at the site. However, it is important to keep in mind that a fully implemented SWMP must be adequate to control all pollutants at the site and prevent the pollution, contamination or degradation of State waters. Therefore, in order to comply with your permit,the appropriate measures must be taken in keeping with the pollutant(s) involved and the risk potential at the facility. The BMPs selected must also be appropriately designed and implemented following good engineering practices. It is best to base BMP design and implementation on professionally accepted references. There are many well-accepted sources available with guidance on proper BMP selection, design, and implementation. Some counties, cities, and local agencies have adopted criteria manuals for stormwater BMPs. Section D.1 of this guidance also contains a discussion of additional resources for more in-depth information on stormwater luality BMPs. 3/06/Const A-7 Locations of BMPs The permittee must be able to ensure that BMPs are implemented to control stormwater pollution prior to the stormwater discharging to a receiving water or a stormwater collection system. To meet these criteria, BMPs may be implemented at any location that allows for adequate treatment of stormwater pollutants, as long as all of the following criteria are met: • All BMPs are located: o prior to the stormwater leaving the control of the permittee, i.e., where the permittee is capable of ensuring the BMPs' proper operation and maintenance (see the Section I below); o prior to discharge to a receiving water defined as Waters of the United States(see the Section II below); and o prior to discharge into a municipal storm sewer or other stormwater collection system not owned by the permittee (unless specific permission is granted). • BMPs are implemented to control all pollutant sources covered by the permit certification(i.e., unmanaged pollutant sources are not located down flow from the last BMP at a site). • BMPs are implemented in accordance with the site's SWMP. Although it is acceptable, and often advisable when used with other controls,to locate structural BMPs in areas of concentrated flow(e.g., check dams along drainage ditches, detention ponds, etc.), removing sediment from stormwater is often not as efficient a practice as other controls, and additional sediment and erosion control BMPs will almost always be necessary to prevent the discharge of sediment from the site. The most efficient construction site BMPs are those that prevent erosion from occurring. I. Ensuring BMPs are under the Control of the Permittee If the permittee will be relying on contracts or agreements with other entities to manage BMPs (e.g., when BMPs will be located off of the permittee's property and implemented by a second party, such as a site developer),the guidance found in Part E.2.6 of the Stormwater Fact Sheet for Construction (available from the Division's web site at www.cdphe.state.co.us/wq/PermitsUnit) must be followed to ensure the BMPs are properly addressed in the SWMP and implemented. A permittee may not rely on a BMP owned or operated by a second party if the permittee does not have permission to use the BMP and/or if they do not have any agreements in place to ensure its adequate operation and maintenance in accordance with the permittee's SWMP. II.Protecting Waters of the United States BMPs must not be located within waterways, including wetlands, that are defined as Waters of the United States, unless specifically authorized by and in compliance with a separate 404 permit(also referred to as Dredge and Fill permits) from the U.S. Army Corp of Engineers. Even when BMPs may be authorized in natural waterways, such BMPs are only intended to control pollutants originating from activities within the waterway, and additional BMPs are still necessary to prevent sediment from the remainder of the site from entering that waterway. Note that even if a drainage has been modified by a private or municipal entity, it still may be considered a Water of the United States. It is the owner and/or operator's responsibility,through consultation with the Army Corp of Engineers,to confirm the existence of any Water of the United States at their site. More information on 404 permitting, including regional office contact information, may be obtained from the Army Corp of Engineers regulatory programs' web page at http://www.usace.army.mil/inet/functions/cw/cecwo/reg/, or by calling the Denver Regulatory Office at(303)979- 4120. 3/06/Const A-8 Document Selected BMPs in the SWMP: Based on an assessment of the potential of various sources at the site to contribute pollutants to stormwater,the plan must describe the control measures that are reasonable and appropriate. ,---Estimated dates of compliance for the chosen BMPs to be implemented and maintained are also needed. Any existing ontrols must also be discussed. The plan shall identify both structural and non-structural control measures that are necessary to limit erosion. BMP descriptions in the SWMP must contain adequate detail to ensure proper implementation at the site. The following information must be addressed in the SWMP: • What BMPs will be implemented? • When will the BMPs be implemented? Many BMPs will only be implemented during specific phases of the project. For example, silt fence and detention ponds may be installed prior to grading,while inlet protection for a newly constructed stormwater collection system will need to be installed upon completion of the inlets. • Where will the BMPs be implemented? The SWMP must clearly indicate the locations where BMPs will be implemented. For structural BMPs, this will usually require including the locations on the site map discussed in Section C.3 above. • How will the BMPs be implemented? Details must be sufficient to ensure proper implementation, including procedures for operation and maintenance of the BMP. For structural BMPs, in most cases this must include a technical drawing to provide adequate design details. For example, if silt fence will be used at a site, in addition to the timing and location of installation,the SWMP must provide information such as trenching depth, stake spacing,materials, etc. BMP design criteria must follow good engineering practices. Although it is not necessary to include design criteria used to determine the specifications included in the SWMP, such as design criteria for a pond capacity or slope limitations for silt fence,this information may be useful to include anyway to assist in proper revisions to the SWMP and site BMPs when and if necessary, as discussed below. Revising the BMPs and the SWMP: For almost every site, the BMPs implemented at the site will have to be modified to —adapt to changing conditions or to ensure that potential pollutants are being properly managed at the site. The pollutant ,ources and management practices at a site must be reviewed on an ongoing basis (and specifically during the required inspections listed in Part I.B.6 of the Stormwater Construction Permit and discussed below). When BMPs or other site details discussed in the SWMP are modified, the SWMP must be modified to accurately reflect the actual field conditions. Examples include, but are not limited to, removal of BMPs, addition of BMPs, modification of BMP design specifications, and changes in items included in the site map and/or description. The SWMP should be viewed as a"living document"that is continuously being reviewed and modified as part of the overall process of assessing and managing stormwater quality issues at the site. The following illustration summarizes the process of evaluating, selecting, documenting, implementing, and revising BMPs. Evaluate Pollutant Sources Implement BMPs Select BMPs Document BMPs 3/06/Const A-9 C.5 INDIVIDUAL SWMP ITEMS—Final Stabilization and Long-term Stormwater Quality Part LB.4. Contents and Requirements -Final Stabilization and Long-term Stormwater Management A description of the measures used to achieve final stabilization and measures to control pollutants in stormwater discharges that will occur after construction operations have been completed. Final stabilization is reached when all soil disturbing activities at the site have been completed, and uniform vegetative cover has been established with a density of at least 70 percent of pre-disturbance levels or equivalent permanent,physical erosion reduction methods has been employed. The Division may, after consultation with the permittee and upon good cause, amend the final stabilization criteria for specific operations. Typically,the stormwater discharges associated with construction activity are eliminated when the site is finally stabilized. As soon as practicable after construction activities have been completed in a disturbed area, permanent stabilization should be started to prevent further erosion of soil from that area. All disturbed areas (except those portions covered by pavement or a structure) must be finally stabilized once all construction activities are completed in order to inactivate the permit coverage. Sediment that collects within the site's drainage system and permanent water quality or quantity controls is also considered unstabilized soil and must be removed prior to the site being considered finally stabilized. The Stormwater Management Plan must include a description of what measures will be taken to finally stabilize the site. The method of stabilization must be provided for all areas that will remain pervious (i.e.,be vegetated or landscaped instead of paved, built on, or otherwise structurally stabilized). Examples of questions that may need to be addressed include: What type of cover will be used? Are additional BMPs needed to prevent erosion as the stabilization becomes established? Will the soil need to be amended? Will special methods be employed on any steep slopes or areas of concentrated flow? Stormwater management controls to prevent or control pollution of stormwater after construction is completed must be addressed here. They typically include retention or detention ponds, infiltration measures, vegetative swales, and natural ^9epressions. New developments, buildings, etc., will often incorporate elements of stormwater quality control into their design. The SWMP must be prepared consistent with these structural and nonstructural controls. Many of the temporary controls used for sediment control can be modified into permanent structural controls. Where possible, permanent stormwater quality controls can be constructed at the initial stages of construction, or modified at the end of construction. This can increase the efficiency of the controls by using them during both the building and operational phases of the project. When a permanent structural control is modified for use as a construction BMP,the SWMP must contain the necessary information discussed in the guidance for documenting BMPs, Section C.4 above. C.6 INDIVIDUAL SWMP ITEMS-Inspection and Maintenance Procedures Part LB.6. Contents and Requirements -Inspection and Maintenance A description of procedures to inspect and maintain in good and effective operating condition the vegetation, erosion and sediment control measures and other protective measures identified in the SWMP. The Stormwater Construction Permit requires that a thorough inspection of the stormwater management system be performed and documented at least every 14 days, and after any precipitation or snowmelt event that causes surface erosion(i.e.,that result in stormwater running across the ground). Part I.C.6 of the Stormwater Construction Permit outlines the inspection requirements. Additionally,this part of the SWMP must also include maintenance procedures for the BMPs which are discussed in Section C.3, above. Set up a schedule appropriate to the activity and the BMP. Preventive maintenance should be coupled with periodic inspections. Although the permit only requires a minimum inspection schedule of every 14 days and after precipitation/snowmelt events, if more intensive inspections are required to ensure that BMPs are properly maintained and operated,the inspection schedule must be modified to meet this need. .--,'nspection Procedures: The inspection must include observation of: • the construction site perimeter and discharge points (including discharges into a storm sewer system), • all disturbed areas, • areas used for material storage that are exposed to precipitation, 3/06/Const A-10 • other areas determined to have a significant potential for stormwater pollution, such as demolition areas or concrete washout locations, . • erosion and sediment control measures identified in the SWMP, and any other structural BMPs that may require maintenance, such as secondary containment around fuel tanks or the condition of spill response kits. The inspection must determine if there is evidence of, or the potential for, pollutants entering the drainage system, and BMPs should be reviewed to determine if they still meet the design and operational criteria in the SWMP and that they continue to adequately control pollutants at the site. Inspections must be documented as discussed in the Record Keeping section, below. BMP Maintenance: The site inspection procedures must also include maintenance of BMPs that are found to no longer function as needed and designed, as well as preventive maintenance to proactively ensure continued operation. BMPs that have failed, or have the potential to fail without maintenance or modifications must be addressed as soon as possible, immediately in most cases,to prevent the discharge of pollutants. The preventive maintenance program should prevent breakdowns and failures by proactively maintaining or replacing BMPs and equipment. Site inspections should uncover conditions, such as deteriorating silt fence or water collected in fuel tank secondary containment,which could result in the discharge of pollutants to storm sewers and surface waters. Specifically, sediment that has been collected by sediment control such as silt fence and inlet protection should be removed on a regular basis, to prevent failure of BMPs and remove the potential of that sediment from being discharged from the site if the BMP failed. Removed sediment must be moved to an appropriate location where it will not become an additional pollutant source, and should never be placed in ditches or streams. Maintenance activities to correct problems noted during inspections must be documented as discussed in the Record Keeping section, below. BMP Replacement and Additions: The inspections process must also include procedures to ensure that, when needed, BMPs are replaced or new BMPs added to adequately address the pollutant sources at the site. This procedure is part of the ongoing process of revising the BMPs and the SWMP as discussed Section C.4, above, and any changes to BMPs must 'e recorded in the SWMP. The SWMP must be modified as appropriate as soon as practicable after such inspections. Modifications to the control measures in the field must also be implemented in a timely manner, but in no case more than seven calendar days after the inspection. Record Keeping: An effective and efficient record keeping system is an important item of the SWMP because it will serve many functions. Perhaps the easiest way of setting up a good record keeping system is to create a SWMP and Inspection Log in which all items can be entered. Entries must include the required inspection records discussed below but could also include other items relating to the SWMP, BMP operation and maintenance, stormwater contamination, contacts with suppliers, etc. In addition to modifying the SWMP,the following record keeping must be maintained to document the required site inspections: • The date of the inspection. • Any incidence of non-compliance, such as uncontrolled releases of pollutants including mud, muddy water or measurable quantities of sediment found off the site, and a brief explanation as to the measures taken to prevent future violations and any measures taken to clean up the sediment that has left the site. • After adequate measures have been taken to correct any problems and recorded, or where a report does not identify any incidents of non-compliance, the report must contain a siened certification indicating the site is in compliance. • The records should also include notes on the need for and performance of preventive maintenance and other repairs. These records must be made available to the Division or EPA upon request. The following list includes additional types of activities and information you may want to include in a SWMP Log Book: • implementation of specific items in the SWMP • training events (given or attended) ^• events involving materials handling and storage • contacts with regulatory agencies and personnel • notes of employee activities, contact, notifications, etc. 3/06/Cons[ A-11 Additional information such as dated photographs, field notebooks, drawings and maps, etc. can also be included where appropriate. \dditionally, records of spills, leaks, or overflows that result in the discharge of pollutants must be documented and maintained. You may also want to record other spills that are responded to and do not result in a discharge of pollutants. Information that should be recorded for all occurrences includes the time and date, weather conditions, reasons for the spill,etc. Some spills may need to be reported to the Division immediately. Specifically, a release of any chemical, oil, petroleum product, sewage, etc., which may enter waters of the State of Colorado(which include surface water, ground water and dry gullies or storm sewers leading to surface water)must be reported. More guidance is available on the web at www.cdphe.state.co.us/emp/spillsandreleases.htm. The Division's toll-free 24-hour environmental emergency spill reporting line is 1(877) 518-5608. Keeping accurate and complete records serves several functions. First, keeping records of spills, leaks, inspection, etc. is a requirement of the Stormwater Construction Permit; therefore, enforcement action, including fines, could result if records are not adequate. Second, by keeping accurate and detailed records,you will have documentation of events which could prove invaluable should complications arise concerning the permit, lawsuits, etc. D. ADDITIONAL SWMP AND BMP RESOURCES There are a multitude of resources available to the construction industry to assist in complying with the requirements of the Stormwater Construction Permit. The following list of resources can provide valuable tools to assist you in developing and implementing your SWMP as effectively and efficiently as possible. However, the guidance found in the resources listed below in no way replace the requirements of the Stormwater Construction Permit, as described in Sections A through C, above. Therefore,when using the following resources, especially in the case of example plans and maps, it is essential that you ensure that all of the requirements included in this guidance document are being met. Many of the resources below require access to the internet. If you are unable to obtain any resources you need due to a -^'tack of access to the internet,please contact the Division at(303)692-3517 and we can try to assist you in obtaining the information you need. D.1. RESOURCES—BMP Design and Implementation BMP Design Criteria Manuals: Be sure to check with the local city or county to determine if they require that specific design criteria be met. The following are some highly respected criteria manuals that can be used in designing and implementing BMPs for your site. • Urban Drainage and Flood Control District Urban Storm Drainage Criteria Manual Volume 3—Best Management Practices, o This criteria manual is a commonly used by cities and counties in the Denver metropolitan area. The manual includes discussion of stormwater quality management and BMPs for many activities, including construction. This manual is a highly respected across the country and a great resource for professionally accepted design criteria for construction BMPs • Available free from the"download"section of the Urban Drainage and Flood Control District web page: http://www.udfcd.org/ • Douglas County Grading,Erosion,and Sediment Control(GESC)Manual o The criteria manual for compliance with Douglas County's GESC permitting program for stormwater quality. Includes an excellent discussion of effective stormwater management strategies,design criteria, and several very useful sample site maps. • Available for download free from the Douglas County Public Works web page: http://www.douglas.co.us/DC/PublicWorks/Engineering.htm • Also available in print or CD-ROM from the Engineering Division office: Douglas County Public Works Department- Engineering Division 100 Third Street Castle Rock,CO 80104 3/06/Const A-12 Phone: 303-660-7490 General BMP Selection and Design Guidance r-- • Colorado Department of Transportation Erosion Control and Stormwater Quality Guide o Guidance on BMP selection and design applicable specifically to highway development projects,but also useful as general guidance. • Available online from CDOT's MS4 Program web page at: http://www.dot.state.co.us/environmental/envWaterOual/wqms4.asp • EPA Menu of BMPs Construction Site Storm Water Runoff Control o EPA guidance for cities and counties who are required to develop programs to regulate construction activities in their jurisdiction. However,the BMP factsheets available provide a good discussion of various structural and nonstructural BMPs. • Available online at: http://cfpub.epa.gov/npdes/stormwater/menuofbmps/site 29.cfm • International Stormwater Best Management Practices(BMP)Database o Database of monitoring results showing effectiveness of structural and non-structural BMPs. Currently,the database and web site do not include much analysis of the data;this will be added in the future. Data contributions are being solicited on an on-going basis. • Available online at: http://www.bmpdatabase.org D.2. RESOURCES—SWMPs Example Management Plans • Construction Industry Compliance Assistance Center(AGC,NHA,and EPA) Stormwater Pollution Prevention Plans o A website with examples of actual stormwater plans prepared for a range of construction projects located in various states. "The purpose of presenting these documents is to demonstrate various approaches to SWPPP development. Please note that the examples presented here should not be excerpted or used as templates in the preparation of a SWPPP, since each SWPPP must be designed to handle the specific needs of a particular construction site." Not all of the example plans will meet the requirements of the Colorado General Permit. Therefore, it is essential that this guidance document be used to ensure your completed plan contains all of the required elements and is appropriate for your site. • Available online at: http://www.cicacenter.org/swprm.html D.3. RESOURCES—Training Training • Rocky Mountain Education Center(Located at Red Rocks Community College,Lakewood) Stormwater Management and Erosion Control Course o One-day course, with an optional additional half-day in the field, on the principles and practices of erosion and sediment control. Recommended for municipal erosion control inspectors and those practicing erosion control in the field. This course is required for the CDOT certified erosion control supervisor certification. Course is given at Red Rocks Community College in Lakewood. Course CETC #150. • Contact the Rocky Mountain Education Center at(800)933-8394 • International Erosion Control Association o Their web site provides information regarding news, conferences,training, and exhibits regarding erosion control, as well as links to other sites. They also provide a publication called Erosion Control. • http://ieca.org 3/06/Const A-13 General Permit Application Storm Water Discharges Associated with Construction Activity 2. Location of the construction site: Rockies Express Pipeline —West Project (REX-West) Central Latitude and Longitude at Milepost 80 = Latitude 40.850 Longitude 103.317 REX-West Pipeline Mileposts 0.0 — 34.6 and 67.4 — 148.0 Table 1. REX-West Pipeline Construction Location Section Town- Range County Approx Construction Construction ship Milepost Type Acres' 5 11N 66W Weld 0.0 Cheyenne 25.0 Compressor Station Weld 0.0— 34.6 Pipeline 524.2 See Quad Map Logan 67.4— 114.2 Pipeline 709.1 Sedgwick 114.2— 148.0 Pipeline 512.1 28 11N 43W Sedgwick 143.8 Julesburg 15.5 Compressor �-^ Station Total Acres of Construction 1,786 'Standard construction ROW for the mainline is 125 feet wide. Other project component construction acreages are site specific. 7. The name of the receiving waters(s). Table 2. Potential Receiving Waters (Waterbodies) Type Included Section, Feature (Ephemeral, County Approx Township, Waterbody Name (if Intermittent on Milepost Range ID No. available) or Quadrangle Perennial) Mapping Weld 0.5 00411N66W S1AWL006 Owl Creek Intermittent Yes Weld 2.5 03412N66W S1AWL005 Unnamed Intermittent Yes S 1 AW L005 Weld 2.5 03412N66W A Unnamed Intermittent Yes Weld 3.0 03512N66W S1AWL004 Unnamed Intermittent Yes Weld 3.3 03512N66W S1AWL003 Unnamed Intermittent Yes Weld 4.4 03612N66W S1AWL002 Unnamed Intermittent Yes Weld 4.5 03612N66W S1AWL001 Unnamed Intermittent Yes Manmade Weld 7.1 03312N65W S1AWL007 Unnamed Ditch No Weld 7.1 03312N65W S1AWL008 Unnamed Manmade No Ditch Manmade Weld 9.8 03512N65W S1AWL009 Unnamed Ditch No Weld 11.3 03112N64W S6AWL002 Unnamed Ephemeral Yes Weld 11.3 03112N64W S6AWL003 Unnamed Ephemeral Yes Weld 11.5 03112N64W $6AWL004 Unnamed Ephemeral Yes North Fork Geary Weld 12.1 03212N64W S6AWL005 Creek Ephemeral Yes North Fork Geary Weld 12.3 03212N64W S6AWL006 Creek Ephemeral Yes North Fork Geary Weld 12.5 03212N64W $6AWL007 Creek Ephemeral Yes Weld 13.1 03312N64W S6AWL008 Unnamed Ephemeral Yes Porter Weld 20.3 02712N63W S1AWL010 Creek Intermittent Yes Manmade Weld 21.9 02612N63W S1AWL011 Unnamed Ditch No Manmade Weld 21.9 02512N63W S1AWL012 Unnamed Ditch No Crow Weld 25.3 02812N62W S1AWL013 Creek Intermittent Yes Weld 25.9 02812N62W $6AWL001 Unnamed Ephemeral Yes Manmade Weld 31.3 02112N61W S1AWL014 Unnamed Ditch No Manmade Weld 31.3 02112N61W S1AWL015 Unnamed Ditch No Logan 67.3 02012N55W S1ALO001 Unnamed Intermittent Yes Logan 68.0 02112N55W S1ALO002 Unnamed Intermittent Yes Manmade Logan 69.6 02212N55W S1ALO003 Unnamed Ditch No Manmade Logan 80.1 02812N53W S1ALO004 Unnamed Ditch No Cottonwoo Logan 98.1 02812N50W S2ALO005 d Creek Intermittent Yes Cottonwoo Logan 98.7 02812N50W S2ALO006 d Creek Intermittent Yes Manmade Logan 99.7 02712N50W S1ALO007 Unnamed Ditch No Manmade Logan 99.7 02612N50W S1ALO008 Unnamed Ditch No Manmade Logan 106.8 02612N49W S1ALO009 Unnamed Ditch No Logan 106.8 02512N49W S1ALO010 Unnamed Intermittent Yes Logan 107.1 02512N49W S2ALO011 Unnamed Intermittent Yes Logan 107.2 02512N49W S2ALO012 Unnamed Intermittent Yes Logan 107.3 02512N49W S2ALO013 Unnamed Intermittent Yes Logan 107.4 02512N49W S2ALO014 Unnamed Intermittent Yes Logan 107.9 03012N48W S1ALO024 Unnamed Intermittent Yes Logan 108.9 03012N48W S1ALO025 Unnamed Intermittent Yes Logan 109.5 02912N48W S1ALO026 Unnamed Intermittent Yes Logan 109.6 02912N48W S1ALO027 Unnamed Intermittent Yes West Fork Cottonwoo Logan 109.8 02912N48W S1ALO027A d Creek Intermittent Yes Logan 110.2 02812N48W S2ALO023 Unnamed Intermittent Yes Logan 110.5 02812N48W S2ALO022 Unnamed Intermittent Yes Logan 110.7 02812N48W S2ALO021 Unnamed Intermittent Yes Logan 110.9 02812N48W S2ALO020 Unnamed Intermittent Yes Logan 111.1 02712N48W S2ALO019 Unnamed Intermittent Yes Logan 111.3 02712N48W S2ALO018 Unnamed Intermittent Yes Logan 111.4 02712N48W S2ALO015 Unnamed Intermittent Yes West Fork Moores Logan 111.7 02712N48W S2ALO016 Creek Intermittent Yes Logan 112.0 02712N48W 2SALO017 Unnamed Intermittent Yes Logan 112.9 02612N48W S1ALO028 Unnamed Intermittent Yes Highline Manmade Sedqwick 118.4 01011N47W S2ASE008 Canal Ditch Yes 010011N47 Manmade Sedgwick 118.8 W S2ASE001 Unnamed Ditch No Manmade Sedgwick 118.8 01511N47W S2ASE002 Unnamed Ditch No Manmade Sedgwick 119.2 01511N47W S2ASE003 Unnamed Ditch No Manmade Sedgwick 119.3 01411N47W S2ASE004 Unnamed Ditch No Manmade Sedgwick 119.3 01411N47W S2ASE005 Unnamed Ditch No Manmade Sedgwick 119.3 01411N47W S2ASE006 Unnamed Ditch No Settlers Manmade Sedgwick 119.3 01411N47W S2ASE007 Ditch Ditch Yes Manmade Sedgwick 119.8 01011N47W S2ASE009 Unnamed Ditch No Sedgwick 119.9 01411N47W S2ASE001A Unnamed Pond Yes Sedgwick 120.0 01411N47W S2ASE002A Unnamed Intermittent Yes Sedgwick 120.0 01411N47W S2ASE003A Unnamed Intermittent Yes Manmade Sedgwick 120.0 01411N47W S2ASE010 Unnamed Ditch No Sedqwick 120.0 02311N47W S2ASE011 Unnamed Intermittent Yes Manmade Sedqwick 120.1 02311N47W S2ASE012 Unnamed Ditch No South Sedgwick 120.3 02311N47W S2ASE013 Platte Perennial Yes Sedgwick 120.6 02311N47W S2ASE014 Unnamed Intermittent Yes Sedgwick 120.6 02311N47W S2ASE015 Unnamed Intermittent Yes Sedgwick 120.7 02311N47W S2ASE016 Unnamed Intermittent Yes Sedgwick 120.7 02311N47W S2ASE017 Unnamed Intermittent Yes Sedgwick 120.7 02311N47W S2ASE018 Unnamed Intermittent Yes Manmade Sedgwick 120.9 02311N47W S2ASE019 Unnamed Ditch No Sedgwick 121.2 02311N47W S2ASE020 Unnamed Manmade No Ditch Manmade Sedgwick 121.5 02411N47W S2ASE021 Unnamed Ditch No Sedgwick 123.3 03011N46W S2ASE022 Unnamed Intermittent Yes Sedqwick 123.8 02911N46W S2ASE039 Unnamed Intermittent Yes Sedgwick 124.3 02911N46W S2ASE032 Unnamed Intermittent Yes Sedgwick 124.7 02811N46W S2ASE038 Unnamed Intermittent Yes Sedgwick 124.9 02811N46W S2ASE033 Unnamed Intermittent Yes Sedgwick 125.2 02811N46W S2ASE034 Unnamed Intermittent Yes Sedqwick 125.7 02711N46W S2ASE035 Unnamed Intermittent Yes Sedgwick 125.9 02711N46W S2ASE036 Unnamed Intermittent Yes Sedgwick 126.1 02711N46W S2ASE037 Unnamed Intermittent Yes Sedqwick 126.4 02711N46W S2ASE031 Unnamed Intermittent Yes Sedgwick 126.8 02611N46W S2ASE030 Unnamed Intermittent Yes Sedgwick 127.0 02611N46W S2ASE029 Unnamed Intermittent Yes Sedgwick 127.4 02611N46W S2ASE028 Unnamed Intermittent Yes Sedgwick 127.6 02611N46W S2ASE027 Unnamed Intermittent Yes Sedgwick 127.7 02511N46W S2ASE026 Unnamed Intermittent Yes Sedgwick 127.9 02511N46W S2ASE025 Unnamed Intermittent Yes Sedgwick 128.2 02511N46W S2ASE024 Unnamed Intermittent Yes Sedgwick 128.4 02511N46W S2ASE023 Unnamed Intermittent Yes Sedgwick 133.3 02611N45W S2ASE040 Unnamed Intermittent Yes Sedgwick 134.0 02511N45W S2ASE041 Unnamed Intermittent Yes Sedgwick 134.0 02511N45W S2ASE042 Unnamed Intermittent Yes Table 3. Potential Receiving Waters (Wetlands) Section, Approximate Wetland ID Wetland Construction - County Milepost Township, No. Type Impacts (acres) Range Weld 6.9 03312N65W W1AWL001 Emergent 0.10 Weld 12.0 03212N64W W NWI 001 NA NA Weld 13.1 02812N64W W NWI 002 NA NA Weld 16.8 03612N64W W NWI 003 NA NA Sedgwick 119.7 01411N47W W2ASE001 Emergent 4.84 Sedgwick 120.0 02311N47W W2ASE002 Emergent 2.32 Sedgwick 120.2 02311N47W W2ASE003 Emergent 6.16 Sedgwick 120.3 02311N47W W2ASE004 Emergent 1.21 Sedgwick 120.4 02311N47W W2ASE006 Emergent 1.01 Sedgwick 120.9 02311N47W W2ASE007 Emergent 0.29 Rockies Express Pipeline, LLC (Formerly Entrega Gas Pipeline, LLC) September 7, 2006 Colorado Dept of Transportation Gloria Hice Idler 1420 2"d Street Greeley, Colorado 80631 Re: Rockies Express Pipeline/Entrega Gas Pipeline Dear Ms. Idler Attached you will find 2 temporary access permit applications for temporary access from Hwy 85 in Weld County, Colorado. As we discussed on the phone I have requested use of these 2 permits for 9 to 12 months, this will give us time to go through the process of getting the permanent access in the Deeded Access Control Line. If you have any questions or concerns please call. PHIL SANDERS Rockies Express Pipeline 369 N. 41" Street Laramie, Wyoming 82072 307-745-8587 office 817-360-6203 cell 4 Land and Community Relations Office 369 North 4th Street,Laramie, WP 82072 Phone: 307-745-8587 * Fax: 307-742-9317 COLORADO DEPARTMENT OF TRANSPORT. ,ION ing authority a ppllcation i5c05Pt5ed5te : STATE HIGHWAY ACCESS PERMIT APPLICATION lur.tions: Contact the Colorado Department of Transportation(CDOT)oryour local government to determine your issuing authority- - Contact the issuing authority to determine what plans and other documents are required to be submitted with your application. - Complete this form(some questions may not apply to you)and attach all necessary documents and Submit it to the issuing authority. Please print - Submit an application for each access affected. or type - If you have any questions contact the issuing authority. - For additional information see CDOTs Access Management website athttn://www-dot.state.co.uslAtticessPermitsrndex.htm _ 2)Agent for permittee(�ifrerf ntfrom property owner) 1)Prepe+ty1owner(Perrmittee) n ��. � ,/J/r r/ s/'� �//iJ R0e;Ki s -y�JfzeSS ,A� /'^rte /�'/( e Mailing address >treetaddress 3G �f, It rkS/ �3 7(.9 1/� do °Ai -- / e---f-91- / Phone# City,state&zip �Z07 Z Phone#(required) �^ft�r.sta e&zip C1 d z L �02� i I /AA 1g et i �(- -/ 1307-7`cr-Fce? � c WOO 1 p 1 E-mail address l /,address // 7 IE-maiiaddressif syllable C hic C2,3 a3)Address of property to be served by permit(required) / / ‘,..C2 89s- //it.., y FS- c4./i2, o/0,14 c d G ! 4)Legal description of property:If within jurisdictional limits of Municipality,city and/or County,which one? 1 lot sector �+' township �, cov W L rG7 'suS-Jivision ik I `7 I ///1' I 1 ! 5)What State Highway are you requeA/Lify 606--sting access from? L 6)What side of the highway? N S _ E W 7)How many feet is the proposed access from the nearest mile post? i How many feet is the proposed access from the nearest cross street? R&no fa J "PsP n /�p C`Rd f3 (13-4 O feet EIN EIS DEDW)from:3 O `s 6 feet N DS'DEDWj from: t< I-J 5)What is the approximate date you intend to begin construction? aCT > A I/ z,o c26. 9)Check here if you are requesting a: '�tempora access[duration anticipated: ct r o�z~•o's i ''1E- improvement to existing access J new h gecess ry Drelocation of an existing access(provide detail) Gchange in access use �removai of access— T 10) .fe existing property use Ay A.-6.•/ry AA ! 6 u r w t w :1 16 -4- (o sus 2 u e r,wy- 4 NA re.ri r►I a/s..f 67 n"11) (S Ty? . 1 1)Dyou have knowledge of any State Highway access permits serving this property,or adjacent properties in which you have a property interest? Ono Oyes.ifyes-what are the permit numbers)and provide copies: and/or,permit date 12)Does the property owner own or have arty interests in any adjacent property? gm, 0 yes,if yes-please describe: 'IS)Are there other existing or dedicated public streets,roads,highways or access easements bordering or within the property? Ono ayes,if Yes-list them or your plans and indicate the proposed and existing access points. — i— — .14)If you are requesting agricultural field access-how many acres wit the access serve? ,15)If you are requesting cornmeraal or industrial access please indicate the types and number of busineesses es anand provide the floor area square footige of square eaceach. business/land use square footage tage NAi-uAA/ GAS C'ow. 3A+01.tbrt. S i A !ft/3711p0l I I I 16)If you are requesting residential developement access,what is the of units(single family,a partmentt,townhouse) use)and number of units? tYpe number number of units followi vehicle count estimates for vehicles�atwill use the access. ss.Leaving the property then returning is two counts_ 17)provide the rig !of passenger cars and tight tucks 2t peak hour volumes is a Mai unit trucks at peak hour vok.mes Indicate if your counts are l O S"-' iptiour volumes or average daily volumes.! - — — — x or term vehicles(field equipment' Total count of all vehicles es o' 'nit vehcles ir.excess of 3Q h I :3 /r _ Previous editions zre obsolete and m2y not be used Page 1 or 2 COOT Form 5137 1210.1 1 B)check with the esulnp euhorty Ic determine which orthe!,towing de permit.ere required to eprnpkte the reviewer yeurapphcefian eh- e) Property rrmp indiwtinp other access,boreitimo rends and streets, o) subdioslen,zoning,o;dretbpreenr plan, te way end drtveway planprotpa, 1 Proposed acrntdesign. ) Dreinepa plan et-towing impart to the hiphwty tipM-or-way, pl Peroelandownership-reps ine1uding se eecnn Ls. cp Map and lona tballing iItilhy locetlem bean ace Sitar rJ Tr,flic stuck,. drniopmant is end along the rh;ht.of--vey. q Proolofownenehlp. 1- It Is the applicant's responsibility to contact appropriate agencies and obtain all environmental clearances that apply to their activities. Such clearances may include Corps of Engineers 404 Permits or Colorado Discharge Permit System permits, or ca-:dogical, aroheologlcal, hlstori of or cultural resource clearances.The COOT Environmental Clearances information Summary presents contact Information for agencies administering certain clearances, information about prohibited discharges, and may be Obtained from Regional COOT Utility/epee-&! Use Permit offices or accessed via the CDQ7 Ptanningni;onstruone-Environmental-eidance webpece http;//www,dot sits rp,uplenvlropmentxlfForme.a p, 2- All workers wlehT the State Highway right of way phali comply with their employers safety and health petides/ prosedares, and all applicable U.S. Occupational Safety and Health Administration(OSHA) regulations-including, b4 riot limited to the applicable sections of 29 CFR Part 1910 Oeoupational Safety and Health Standards and 23 CFR Part 1926 - Safely and Health Regula!ivny tot Cor'sbucdion_ Personal protective equipment(egg, head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators,gloves, etc_)shall be worn as appmpdate far the work being performed, and as specified in regulation. At a minimum, all workers in the State Highway right of way, except when In their vehicles,shall weer the following personal poteolive equipment: High visibility apparel as specified in the Traffic Control provisions of the documentation accompanying the Notice to Proceed related to this permit.(at z rinimurr., ANSI^SEA 107-1993, class 2); head protection that,complies with the ANSI 7-90.1-1697 standard;and at all nonstruotlon sites or whenever there is danger of injury to feet,workers shall comply with OSHA's PPE requirements for foci protection per 29 CFR 1910.13S, 1926.95, and 1525.E If required, such footwear shall mast the requirements or ANSI Z41-1139. Where any of the above-ret_renced ANSI standards have been revised, the most recent version of the standard then apr l,. S- The Perrnittee is responsible for complying wait the Revised Guidelines that have been adopted by the Access Board under the American Disablltti2s Act{ADP.). Tnese guideber, define traversable slope requirements and preso-ibe the use of a defined pattern o`truncated domes as detectable wamlrrs at street crossings. The new Standards Plans and earn be tound on the'Design and Conah'uCJon Project Supoort web page at chtte:fwnyt., ,t tegLoonutazsionSup eeb, then ell:* on Uesign 3ulletms. If an access permit is issued to you, tt W1!state the terms and condhtons lot ris use. Any changes In the use 01 the permitted access not consistent with the kenos and conditions listed on the permit may be corsider-d a violation of the permit. The applicant deolar as under penalty of perjury in the steorrd degree,and any other appucsble state or federal taws, that all information provided on this form and submitted attachments are to the best of their knoMrredge true and complete f understand receipt of an access permit does not xnstitute permission to start access cron:frucfion work, Apple- jhpnor •_--•,—.• JHn:nanw, took I xf ` I / "171O 6 If tho applicant Is not the owner of the property, We require this application also to he signed by the property owner or their Itg:Ily aut'nortzed representative (or other acceptable written widener). This signature shall constitute agreement with this application by ail owners-of-interest unless slated in writing- If a permit is issued, the property owner, In most cases, will be fisted as the. permitec Prope. -- ene jj at �rnrf nntr)• l- ' j %c �a�d f? Sedfie (7/7/0 . Previous edition-ern obwrete end esw eel be seal Per.7 co"2 co0Trermn)7 11x1 t AcoRD.. ISSUE DATE CERTIFICATE OF INSURANCE 09/07/2006 PRODUCER This certificate is issued as a matter of information only and confers no rights GRkFF,SEIBELS 8 WILLIAMS OF TEXAS,INC. upon the Certificate Holder. This Certificate does not amend,extend or alter the J+; coverage afforded by the policies below. 75 Richmond Avenue-Suite 1700 -.iston,TX 77042-4143 COMPANIES AFFORDING COVERAGE 713-877-8975 Company Lloyds of London A INSURED Company ACE American Insurance Company Rockies Express Pipeline LLC/Entrega Gas Pipeline LLC B 500 Dallas Street Company Suite 1000 C Houston,TX 77002 Company Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement,term or condition of contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,conditions and exclusions of such policies. Limits shown may have bean reduced by paid claims. NCO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE LIMITS OF LIABILITY LT EXPIRATION A GENERAL LIABILITY MS-S 2179 04/30/2006 EACH OCCURRENCE IS 1,000,000 ®Commercial General Liability 04/30/2007 FIRE DAMAGE $ ID Claims Made O Occurrence MEDICAL EXPENSE $ O Owners and Contractors'Proieclbn PERS.AND ADVERTISING INJURY $ O GENERAL AGGREGATE $ 1.000,000 O General Ag to Limit applies per PRODUCTS AND COMP.OPER.AGG. $ ❑Poky L1 Project ❑Location g AUTOMOBILE LIABILITY iSAH07672263 ^06l30;200fi COMBINED SINGLE LIMIT $ 1,000,000 I riL Any Automobile 06/30/2007 BODILY INJURY(Per person) $ /'1q All Owned Automobiles BODILY INJURY(Per accident) $ Scheduled Auto oo es PROPERTY DAMAGE(Per accident) S - ,J Hired Automoodes IO Non-owned P.ummobees COMPREHENSIVE O COLLISION , B 1 WORKERS'COMPENSATION SCFC44453046 06/30/2006 WC Statutory Limit I x I Other I AND EMPLOYERS'LIABILITY WLRC44453009 06/30/2007 EL EACH ACCIDENT '$ 1,000,000 EL DISEASE(Each employee) $ 1,000,000 FL DISEASE(Policy Limit) S 1,000,000 EXCESS LIABILITY EACH OCCURRENCE $ Ooccurtanoa O claims moo* AGGREGATE $ I � f I$ IS The Certificate Holder is included as Additional Insured as required by written contract subject to policy terms,conditions and exclusions This certificate is related to an underground utility permit for Entrega Gas Pipeline,LLC. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Authorized Representative ^'"rado Department of Transportation r l: Gloria Hice-Idler 142O 2nd Street ( ..O.,I r Greeley, CO 80631 _IPaae I of 1 Certificate!De NKLTNLID LWELD COUNTY, COLORADO -`E6S SECTION 5 cID i', — -lt-N, R-s6-W, 5`.h P-tA. N R° -_ ---- X55„-F- 2, a % AP I lid _NIP GA OAS PIPELINE INC / \ - c U I 5y W DE ERN N EASEMEN( _. -1---F $ a RI t 73F WAYs I I I_ I I i SEE DrTML A'F PROPOSED �I I I I ' I 16' RO A ESS RD I 1. III q z l -" fff. I i ` x#305662 , - l I III '- floc /__xf'RcJJ ,.I .III ii- p,,<1 M`c- GL - Ac;F, ,✓ ,-•yo76GY I s I —TX-'E_ II I' I !Hi WY M.P. jiI "."•-• 6OEN. N6 >4sa ---.L ACC ss R , DI ,r5L7 lie:"n� / e/ - i hI . IIIII I� 1561 - e> __ �/ 5 I Hi 5,I < 1 t . ! POIK O _— I_ COMMEN'C'ING a_s s / rn0n 'PS .. me xnn ..x e.n., r.o� ., ce r a av a ca» a ..e e o y •' c-e.-.r. _m. LL a' S.- n'9ix n Ix.a ..aivroec coy+vmien na .+—>Fe ...,-.., O._ -, ENTREG A GAS PIPELINE INC. L's: I � <JOC - F t u _ 5 P .-1,_ ESECTION 5TSN. ROSA. 6SIP.M. „ — � ; ENTREGA GAS PIPELINE/REX WEST PROJECT' NATIONAL I BARRICADE CO. I DE DENVER itEZ W7‘i Fs -i r4'�I , �L f�✓IAtiK( i1VER Oa-CREDO --1 �._z�-D! PAGE m J?kVA CDlpitA�JO CCZ20 I, r✓, �-vJn Te 2 DiT O _ ,,.awe.Fis ou_n>> P,r ry z��Y � C Ti 'A 4‘ I d y '7z�eJ.1), W3 - 4 ��Ih Ni W6.,m z�P-:0 �� 3 Ho --Dr•.,,,,,, ScA�- w i sc.—.-L---7,,,, i I I ; I A. �j 4S` I AO 7Sifl2-Q. , I to '1/4�0%e550 (; �1. I is _5774,7--;c,,,, S, %4m2rl.. E' Iii %C 0nMn,l I Ac SS � %' AH II I 1/41 3of. 6cz i I --I'---,I I II ! \ YLAgcc,z. tcE PG r I I I i rav, prr._r.-rj,- ( ,f05<, roc —�. I t ! A�� S ON III ` III - TIAC` cr S. T 5?� CI ceacn-� I„ Cp --1—=Ro.aijlickA ,.. a ( � o ,,a.: j. ... .... .... .� Sing authority application OLORADO DEPARTMENT OF TRANSPORT...:ON acceptance date STATE HIGHWAY ACCESS PERMIT APPLICATION l Instructions. -Contact the Colorado Department of Transportation(CDO'T)oryour local government to determine your issuing authority- - Contact the issuing authority to determine what plans and other documents are required to he submitted with your application. - Complete this form(some questions may not apply to you)and attach all necessary documents and Submit it to the issuing authority Pfe..Se print - Submit an application for each access affected. or type - If you have any questions contact the issuing authority. - For additionalinformation see CDOT's Access Management website athttotlfwww.dot.state.co,ys/AccessPermitslindex.htm Propey owner(Permittee) 2)Agentfor permittee(if dill,rent from property owner) RO d.k: & i ill?eitv.,44 0---Co,•eks.4 ) "A,•/S eti1 _ ireet address Mailing address 370 yrr,,‘ d oAdoe4 3(5. ./✓, q T'` S7rz,e-.cT :tty. wstate&zip go.22.Q Phone# City,state&zip eZo7 'Phone*(required) .4 A-IccOD,1, d`D jo3- /' 771 12 ,q "'•-c- /, W,),,,„i•Ng .fo2-744s'-'J6p7 -:_--mail address E-mail address if availabie / `-cat S�.is Cfe.rdC2,,,,i Co. 1�'vo/492O.T a-no/ -, 3)Address of property to be served by permit(required) / CsrZ.F3- /)1 w'/ .5 CAA R, ColoAi:i o 8DG/ z• 1)Legal description of property:If within jurisdictional limits of Municipality,city and/or County,which one?i sue vision block lot I section township /P range :minty i hi h i)V1fr,at State Highway are you requesting access from? �6) �N What side of the �way?S � P ®w How /iwf qS ow many feet is the proposed access from the nearest mile post? How many feet is the proposed access from the nearest cross street? A eria/ n.,,A tt�--1 0 feet[]N D rrSDEDwlfro J $i 4'9 �_feet E]NOSOEOVV1 from: /Ye CAfO.X J S .%i3rv. 7�3)What is the approximate date you intend to begin construction? 0 Z.re (e 4 /, .Zoo G ?)Check here if you are requesting a: Jnew access EFemporary access(duration anticipated: 9 TD/2,s' ....n(! ) nimprovement to existing access change in access use ]removal of access relocation of an existing access(provide detail) 1 n)r a existing property use /2grt:e,./ru run I, I .... w;i/ e.ivJ%R✓c7i•i., A4/e37 4/aa.4,,f Co,c,,4elf0A. s/-4, i t no you have knowledge of any State Highway access permits serving this property,or adjacent properties in which you have a property interest? Cgno Dyes.if yes-what are the permit number(s)and provide copies' andlor,permit date: 12)Does the property owner own or have any interests in any adjacent property? Eno [j yes,if yes-please describe: 13)Are there other existing or dedicated public streets,roads,highways or access easements bordering or within the property? Snc D yes.if yes-list them on your plans and indicate the proposed and_xisting access points • I4 if you are requesting agricultural field access-how many acres will the access serve? 15)If you are requesting commercial or industrial access please indite the types and number of businesses and provide the fioor area square footage of each. businessftand use square footage business square footage /��u/rttri) (0 Cre+4.3 me itSJo1. c-5-7/a I 1/,j7,3oo — I I I 16)If you are requesting residential developernent access,what is the type(single family,apartment,townhouse)and number of units?type number of units type number of units_ _—_, 17)Provide the following vehicle count estimates for vehicles that will use the access.Leaving the property then retuning is two counts. Indicate if your counts are I or passenger cars and lr t trucks at peak hour volumes i of mufti ink tucks at peak how volumes Speak hour volumes or average daily volumes.I /a ____ —.5— r o'serer~"vehicles in excess re 3?ft Cot term vehicles(field equipment) Total count of all vehicles v /S Previous editions are obsolete and may not be used Page 1 of 2 COOT Form 0137 12/04 16)0heck)5RM/it issuing authoriy lc determine which BPGx following tin wine rt ere reou'rmd Ic cemphte the reviewer younapphcefion. r. e) Pmpetd imp indicating otha:ecce t,border-mg medeand streets, e) 9ubdiviialcn,zoning,or development plan. b) 1{IDANayand!liftmen panproilla. Q Prepoeed actor decide. c{ Orating"pan teeming impact to eta hiphverytip/Snsflway. g) Pe reel and ovmership maps including neeemonta. tf Map and hate deal ling;Filthy locttlem befm and titer N Tram.-studio", dewkiinerr in and along Ins rhhbor-way a Proof of ownership, 1- It is the,applicant's responsibility to contact appropriate agencies Rod obtain all envirpnmenkal clearances that apply to their activities. Subh clearances may inbiude Corps of Engineers 404 Ferrite or Colorado (Discharge Permit System p=;nits, or casicitogicel, archeological, historical or cultural resource clearancas. The COOT Environmental Clearances Information Summary presents coolant Information hr agencies administering certain clearances, information abnut prohibited discharges, err.i may be obtained from Regional COOT CttliityrSpecial Use Pernit offiis,or accessed via the COOT Panning! onstruc,,rorrcnvinnmenral-C iidanrc_ webpsge fraggilwww,clot.s.tate.co.ustenstrohmentslIForms.asp 2- Ali workers within the State Highway right of way Rhal'rarnply with their employers safety and health policies/ procedures,and all applicable U.S. Occupational Safety and Health Administration(OSHA) regulations-including, but not limited to the applicable sections of 29 CFR Pad 1910 occupational Safety and Health Standards and 2?CFR Part 1925 -Solely nod Health Regulations rot Cbris0ucfion Personal protective equipment(e,g. head protection footwear, high visbility apparel, safety glasses, hearing protection, respirators, gloves, etc.)shall be warn as appropriate for t7lf:work being porFormed, and as specified in regulation.. At a minimum, al!workers In the State Highway right of way,except when In their vehicles, shall wear the tolbw1ng personal protective equipment: High visibility apparel as specified in the Traffic Control provisions of the documentation accompanying the Notice to Proceed related to this permit(at a minimum, ANSi/ISE/i¶07-1993, class 2);head protection the complies with the ANSI Ln9.1-19!+7 standard;and at all ranetructbn sites or whenever there is danger of injury to fee,workers shall comply with OSHA's PPE requirements for foot,protection peer 2?C:7-/-11/4 1810.134, 1 926.95. and 1925.x_ I;required, such footwear shall meet the requirements orAN5i 7_41-149V. Wasps amt/of the ebo've-re`erenced AN3'r standards have been revised, the most recent version of the sisndard shell apply I 3- The Rermittee is responsible for complying,with file Revise:I Guidelines that have been adopted by the A�as Board .......j under:ha American Disab11ltias Act(ADA). These guidelines define traversable slope requirements and prsrsibe the use❑f a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards, Plans and I I can be found on the beaign and Construction Project Support web page at I <http;r/ti1 g,g.atZt q gs/DtsignSUpPer , then clink on tre:-A r-,, ouffe ins. It en access permit Is issued to you, it will state the terms and commons IO✓is use. Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered s violation of the permit. The applicant declares under penalty 6f perjury to the second degree,and arty other applicable stets or federal tans.. that all information provided on this form and submitted attaehreents are to 11*best of their knowledge true and complete. I understand nabetpt of an access permit does not constitute permieslon tc start accaDc runctruecon work, iii ; l 11.5 irit4,S L977/ -6 .. it fhc applicant is not the owner of the property. We require this application also to be signed by the property owner or their it-sally authorized representative (or other acceptable written evidence.). This signature shall constitute agreement with this application by en owners-of-interest unless staled in writing. If a permit Is issued, the property owner, In most casts, will be listed es the permtttec Peoxrty o'a, ;nche ......___ On Prirfnamc p — - i6-fiat-re/ . CEttrs'• Previous ettioec FA obwkk r,.4 rray nisi ba us.ei Apo 7[CI CD0T Form 1137 ;let J.. •n� r^� Q CERTIFICATE OF INSURANCE ISSUE09/07/2006 912006 AVOI\Drr 0 910 712 0 0 6 PRODUCER This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend,extend or alter the GRIFF SEIBELS&WILLIAMS OF TEXAS,INC coverage afforded by the policies below. • 75 Richmond Avenue-Suite 1700 Jston,TX 77042-4143 COMPANIES AFFORDING COVERAGE 713-877-8975 IL Company Lloyds of London INSURED Company ACE American Insurance Company Rockies Express Pipeline LLC/Entrega Gas Pipeline LLC B I 500 Dallas Street Company Suite 1000 Houston,TX 77002 Company D Company E This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement,term or condition of contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE LIMITS OF LIABILITY LT EXPIRATION A GENERAL LIABILITY MS-S 2179 04/30'2006 EACH OCCURRENCE F---^1,000,000 Commercial General Liability 04/30/2007 FIRE DAMAGE I$ ®Claims Made O Oxvrrence MEDICAL EXPENSE $ 0 Owners'and Contractors'Protection PERS.AND ADVERTISING INJURY $ O GENERAL AGGREGATE S 1,000,000 G General Aggregate Limit applies per: PRODUCTS AND COMP.OPER.AGG. ,$ _ O Policy O Project O Location i B I AUTOMOBILE LIABILITY — ISAH07672263 06/30/2006 COMBINED SINGLE LIMIT IS 1,000,000 la Any Automobile 06/30/2007 BODILY INJURY(Per person) $ ._..._ „...40 Ali Owned Automobiles I BODILY INJURY(Per accident) $ 1 Sdreduled Automobiles PROPERTY DAMAGE(Per accident) s 11 O Hired Automobiles COMPREHENSIVE 5 Nor-owned Automobiles, COLLISION B I WORKERS'COMPENSATION SCFC44453046 1 06/30/2006 WC Statutory Limit I X I Other I I 1,000.000 AND EMPLOYERS'LIABILITY WLRC44453009 05/30/2007 EL EACH ACCIDENT I5 I EL DISEASE(Each employee) $ 1,000.000 I ! I EL DISEASE SPplicy Limit) $ 1,000,000 EXCESS LIABILITY I EACH OCCURRENCE Is O Occurrence ❑Claims Made (AGGREGATE t$ 1 L ,S fS L is ----- is The CertificateHolder is included as Additional Insured as required by written contract subject to policy terms,conditions and exclusions This certificate is related to an underground utility permit for Entrega Gas Pipeline,LLC. CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Authorized Representative ^rtlaredo Department of Transportation nt .n: Gloria Hice-Idler 1420 2nd Street / Greeley,CO 80631 l Page 1 of 1 Certificate iD a NKLTNLID -F . -ENTREGA GAT PIPELINE/REX WrST PROJECT V1 � � er - 1D2GAN) NATIONAL ii S BARRICADE CO. _ ./�� DE DENVEP..INS W �jJ .1 r !f... {�1't cie 2 1140 SOUTH KALAMATH .__ A I F DENVER COLORADO 8322: l'm -y,JA -e 2 DATE p4-ZL-D(p PAGE 1 0, 1_ 14..2.790•PAY)44x171 thrrir >I-1) 0 Y 1 ice, - I J CE �ygro4J4j. yq. I in 1\11 ,77,71 w (lc �n°�k4, - t u --D FAWN 40 SC AL.-ft' - J� en, enc.O I I` r 11 PAod cHS e,' D0 c II I i n c 5 1� e d7��b/� ._ to "." °„r7ARc15ar2 0 � . J 7—,-+ T o M $,'1--1"-- Sa.,Y� P { I —"Q I RcccsSQ- �'�^� 0 3 Os_, Y9 01 P I • r'lAcsc� 1r` �!/ — c W IfF-rr is �rvm5 �� -r• : ��vl�Y'n!� ��$Iro� � . �-�1 hh I I Zo (�:,402j 4— 17.70 a e_ i,.o CA O7,3_5' �{a -in ms �e 2L 40325I I 11 - i- IASS e2 I ice, Lb-RE--Prcpf.w0 p Iivb1 Prepared:Thy4 VAAI(-4-A-14S --.Aporoved By - WELD COUNTY, COLORADO .e^ENG SE!...'TI ON 5 NJ I.R. RONP _-11-N, P-56--W, 5th P.M. I.R. IRON R03 1 1. RO. ROAD POUT. r9UtWAY <F0 ,: x<ED rea. .41.0.001 i fi.O.w. r5GH7 OF WAY e s .fOCr-StiCr,AL LANG 9l1RCErOO Ml0 {OIINYY. CO'DRAM t c ur.c.e.R W C.C. rYIICE{f THE r,E'_C :;yJNTY C_'!w. vg.',RECORDER. SCU E• 30'1• Q ISO 30 5"2'.9•iYE - 116.0_" -... ''-''- t 3 q/5-I.R.e2Ae 1 C PROPOSED ,' ~ '` —_______—ti a_ .3 37Fl94� �; _ ,4_NTREC.A GAS PIPELINE INC. / \ 1• I S. 5N YEA r R.tvz"53-C - 8751:• �/ .f PERMANENT •A5>,_►Y On-I.R. ./CAS I Ye' 6e �IGI•I' Or WAY Sr.,e'e'>I.S E79e4- I , i r I I sli I :=D .NL'A I PROPOSED I ,t{I I 15' WIDE ACCCS5 RD. I 1I >7 I li C Il I. ° I % 305.662 _ `Ile,.5/5-:.A.. I n tale',3 16.64" , I 1 : L C.e.�f i c.s re.x,/t sSJ ;," i 'I 1 •,,t r;.1� L Y Rct r,�,/� 3`fo766 I �•I N i ` I Ra p :-•.•-R7) I I! ..haf r'a i �. +I 1 HWY-M.P. i '°• "' I— I. IN I! ; 3Dw.49 aROPcs� I I '�� PONTPOINT. OF 27• YtOc ACC S P.D.r6 I 1 I Z• 2L GINNING I I I. I!1 n• i /•S T 55/00 r IA. %^.R. S'•' r•:.R. .../CAP t1 i 7 !I i I I Fti a-.Ls 379.9• .4t'd -Ls•_7546" �, j • ",.-.4.11Y rNL, eM'I.R. .•/C.9 NN'•9t"•e-W- WAD 05' `? I, r 5°O.N• —. S=DETAIL -_ I , j3 r1,,---.--.. —.N. pow; of ' a/I ; 26.00 P.X.RE WE ur'n:+5 •a•Sw- fND. 5/5' LK....lox' e:a'RS'e'6+- SO,rra •.Je CORNER BECTON E el• l.^.cif• I. A current Iltlt fpOr; nee not onJOelt et tee Ilene el 041 T.ie plot,nee E.:ae IN ti GC n >T1r4•a t r.Coo.one Regrew o/welt ,,,,,,,..n at rsrno.-nke n!..-n l miY^e. 'n ter.',...:Ol'r•:IOG!—...a .o e,e. _.._e.,. Ic._ act`ine..in nrfam.r /' - e one,e . • eau ve 1 x ___-.. ..e_. roe •:, ' Aerr. ..ieeen'ar 4e.-�.—. 2 N: ....kg.na!w _ 3 sec Yr).•S•e Ur,Ner.•u r....setr 4era.ler iV2Hl• ?sank r3 t=e•tn Caerdnont 9)elM�.NAOC: t e.f•vac Irons n VIi ma -pct verve.by ryTvvy eta. ., J.nu 3006 sw!h.e.e�4Ei 5...Lan 5 oasnnc S'-5"2'15.-E. i ...tcn:e neeeria:e`en cane oteeen.ny:ns plat ere net...naiad s:It. _,e. one Rort•oe• -rnv 1 1{I oi..C wrnee.aeg>Yd o .ho^u signature en?an, L ae, A ...old on ideree toe copy LAS n er,enot RIPV'Y,1o"R CCr'rttyn7E (rra*r.r-,,r nonot Lone Su*KYer,,,%shed in Ina state I.Cory • Curaee.ea nervy certify list t .eY wee nun.elect orls., rWa Onn to u �'el T rope o Ise faces note.on et.. re.n.d, 1 Inc airs son., .....—.4 `yiI iI '~` Lr (rule r'� 4751 �C3lerpde Yiet:rtroibn He.^ie4 ....CF:, oe' �- .c.....,...lit .oz.:.:,,I twil'w ENTREG:�GAS PIPELINE INC. I Ii J_ • I - EXY.'91' j I ! ,..ws.e.. r 25.0c. .4Gic 7RAC OF :N✓^i 2 A'''''' S.c ?:�oD5 it i 'a"I A £_ •SOUTHEAST : S°WTIJRt 5. ,.`•N, ReeW. ( P.m. �4Y _pro'�..I ` D.S'.r _.?.ir`jA...r7r^.. I .,:2_. _ A..::.$.r,,,,,,,,,,„......1•'f ...-- e.rr 1 .e ...z t ., tee-c iD0- .... .rQ: .r J. PERMIT #406136 & #406137 LINDA MCWILLIAMS (970) 350-2147 YOUR ACCESS INSPECTOR IS LINDA MCWILLIAMS. YOU MUST CONTACT THE INSPECTOR AT LEAST 2 WORKING DAYS PRIOR TO ANY ACCESS IMPROVEMENTS OR CONSTRUCTION OF ANY KIND WITHIN THE STATE HIGHWAY RIGHT-OF-WAY. r ALL ACCESS ACTIVITY WITHIN THE RIGHT-OF-WAY MUST BE COMPLETED IN 45 DAYS ONCE WORK BEGINS. UPON COMPLETION OF ALL PERMIT REQUIREMENTS, YOU MUST REQUEST A FINAL INSPECTION BY THE ACCESS INSPECTOR OR THEIR REPRESENTATIVE. CDOT Permit No. COLORADO DEPARTMENT OF TRANSPORTATION I 406136 STATE HIGHWAY ACCESS CODE SH/s/MP ssci3os.49oi1, Local Jurisdiction NOTICE TO PROCEED Weld County Permittee(s): Applicant; Dick Sears Phil Sanders Rockies Express Pipeline, LLC 369 North 4th Street 370 Van Gordon Laramie, WY 82072 Lakewood, CO 80228 307-745-8587 303-914-7715 The permittee is hereby authorized to proceed with access construction within state highway right-of-way in accordance with the above referenced State Highway Access Permit and this Notice to Proceed. This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire one year from date of issue if not under construction, or completed. Access Permits may be extended in accordance with Section 2.3(11)(d), of the Access Code. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permittee or applicant shall notify the Department prior to commencing construction as indicated on the Access Permit. Both the Access Permit and this Notice To Proceed shall be available for review at the construction site. This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as opriate. ACCESS IS TEMPORARY. IT MUST BE REMOVED BY 07/01/07, IF THE A-LINE BREAK REQUEST IS UNSUCCESSFUL. Municipality or County Approval (\When the appropriate local authority retains issuing authority) By Title Date (X) This Notice is not valid until signed by a duly authorized representative of the Department lorado Department of Transportation By Title Date�'t� — Date I67 X) r� UC1 A dLSS / Copy D stub hum Required 1 Region Permit files 2 Staff Access Section, As needed: Local Authors MICE Patrol, Inspector Form 1265 8./98 COLORADO DEPARTMENT OF TRANSPORTr iN CDOT Permit No. STATE HIGHWAY ACCESS PERMIT 406136 State Highway No/Mp/Side 85C/305.490/L rmit fee Date of transmittal Region/Section/Patrol Local Jurisdiction 100.00 10/13/2006 04/1/20 Weld County L The Permittee(s); Applicant; Dick Sears Phil Sanders Rockies Express Pipeline, LLC 369 North 4th Street 370 Van Gordon Laramie, WY 82072 Lakewood, CO 80228 307-745-8587 303-914-7715 is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used in accordance with this permit, including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked by the issuing authority if at any time the permitted access and its use violate any parts of this permit.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location: The access is to be located on State Highway 85,a distance of 2587 feet north from Mile Post 305 on the left/west side. Access to Provide Service to: Utilities-Natural Gas Compressor Station 8 ADT 100.00 Other terms and conditions: * See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions. * This Temporary Permit expires on 07/01/2007. • THIS PERMIT IS ONLY TEMPORARY. IF THE REQUEST FOR A PERMANENT BREAK IN THE A-LINE IS NOT SUCCESSFUL,THEN THIS ACCESS MUST BE CLOSED BY 07/01/2007. IF THE REQUEST IS GRANTED,THEN A NEW PERMIT MUST BE OBTAINED FOR THE PERMANENT ACCESS. MUNICIPALITY OR COUNTY APPROVAL Reouired only wnen the appropriate local authority retains issuing authority. ByY Date Title (x) Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Linda McWilliams with the Colorado Department of Transportation in Greeley at 970-350- 2147 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. permittee Date (X) -_ 11140/O This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION By Date(of issue) Title (x) tilt-a-- h, (. 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This listing is not all-inclusive- additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT— Please Review The Following Information Carefully— Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS -As indicated in the permit/clearance descriptions listed below, the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment (CDPHE)—General Information —(303) 692-2035 Water Quality Control Division (WQCD)(303)692-3500 Environmental Permitting Website http://www.cdphe.state.co.us/permits.asp. • CDOT Water Quality Program Manager; Rick Willard(303) 757-9343 • CDOT/CDPHE Liaison; Pat Martinek(303) 757-9787 • Colorado Office of Archaeology and Historic Preservation: (303) 866-3395 • U.S. Army Corps of Engineers, District Regulatory Offices Omaha District(NE Colorado), Denver Office (303)979-4120 http://www.nwo.usace.armv.mil/html/od-tl/tri-lakes.hlml Sacramento Dist. (Western CO), Grand Junction Office(970) 243-1199 http://www.spk.usace.army.mil/cespk-co/requlatory/ Albuquerque District(SE Colorado), Pueblo Req. Office(719)-543-6915 http://www.spa.usace.armv.mil/red/ Ecological Resources— Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website http://www.dot.state.co.us/environmentalNVildlife/Guidelines.asp, or the Colorado Division of Wildlife website http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/. Additional guidance may be provided by the Regional _Permitting Office in the Permit Special Provisions. Cultural Resources —The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP and/or CDOT. If archaeological or historical artifacts are encountered during the progress of the permitted work,work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information Contact the OAHP at(303)866-3395. General Prohibition — Discharges -All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as wash water, paint, automotive fluids, solvents, oils or soaps. Contact Information: Contact the CDOT Water Quality Program Manager at(303)757-9343, or the Colorado Department of Public Health and Environment,Water Quality Control Division (WQCD) at (303) 692-3500. General Authorization - Allowable Non-Stormwater Discharges - Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. Contact Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone #'s listed above). Hazardous Materials, Solid Waste -The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 at al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD)of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point(e.g., for solid waste, a utility or construction company's own dumpster), If pre-existing -solid waste or hazardous materials contamination (including oil or gasoline contaminated soil, asbestos, chemicals, mine tailings, etc.) encountered during the performance of work, the permlttee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Information: For additional information, contact the CDOT/CDPHE Liaison at (303)757-9787. Environmental Clearances Information Summary Page 1 oft Colorado Department of Transportation Jan '06 State Highway Access Permit Page 1 Attachment to Permit No. 406136 - Additional Terms and Conditions 1. If there are any questions regarding this permit, please contact Gloria Hice-Idler at(970)350-2148. 2 The Permittee shall refer to all additional standard requirements included with this permit and any enclosed additional terms, conditions, exhibits, and noted attachments. 3. Incorporated as part of this permit are the following: Application for Access Permit(CDOT Form No. 137) Permit(CDOT Form No. 10]) and its two page attachment Exhibits: "A"- Access Plan "B"- Vicinity Map 4. This permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes in traffic volumes or type, drainage, or other operation aspects may render this permit void, requiring a new permit to the be applied for based upon exisiting and anticipated future conditions, 5. Access construction methods and materials shall conform to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction (current edition). 6. If necessary, minor changes, corrections and/or additions to this permit may be ordered by the Department inspector, other Department representative or local authority to meet unanticipated site conditions. Changes may not be in violation of the State Highway Access Code. All major changes to the plans must be approved in writing by the Department prior to commencement of any work on or within the State Highway right-of-way. 7. This permit is subject to revocation due to: 1)Noncompliance with the provisions of this permit; 2) Abandonment; 3) Supersedure by new permit covering the same installation; or 4) Conflict with necessary planned highway construction and/or improvements. The Permittee shall promptly terminate occupancy upon notice of cancellation of the permit from the Department, unless a new permit is applied for and granted. 8, Reconstruction and improvements to the access may be required when the Permittee has failed to meet the required design and/or material specifications. If any construction element fails within two years due to improper construction or material specifications, the Permittee is responsible for all such reparis. 9. The Department retains the right to perform any necessary maintenance work in this area. 10. Backing maneuvers within and into the State Highway right-of-way are strictly prohibited. All vehicles shall enter and exit the highway right-of-way in forward movement. Backing into the right-of-way shall be considered a violation of the terms and conditions of this access permit and may result in revocation of the permit by the Department and/or the issuing authority. 11_ Cattle guards are not permitted in the State Highway right-of-way. 12. The Permittee is responsible for obtaining any necessary additional federal, state,and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. All costs associated with the installation of this access are the responsibility of the Permittee. This includes design, construction, signing and striping, utility relocation, testing of materials, and inspections. State Highway Access Permit Paget Attachment to Permit No. 406136 - Additional Terms and Conditions 4. No work will he allowed at night, or on Saturdays, Sundays, and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 15. Traffic detours or lane closures will not be allowed, unless pre-approved by the Department. 16. Two-way traffic shall be maintained throughout the work area at all times unless specific written authorization is obtained from the Department. 17. No construction vehicles shall be parked, or construction materials/equipment stored, on the State Highway right-of-way overnight. 18. No work shall be performed near a Department electronic traffic control device without coordination with Coble Garbiso at(970) 350-2137. 19. It is the responsibility of the Permittee to prevent all livestock from entering the State Highway right-of-way. Any livestock that does enter the State Highway right-of-way shall be the sole responsibility of the Permittee. 20. Landscaping and site construction shall not obstruct sight distance at any State Highway access point. Landscaping within the State Highway right-of-way requies the Permittee to obtain a CDOT Landscaping Permit from the Traffic/Access Section. The access permit does not authorize that activity, although a proposed landscaping plan shall be included in the access permitting document. Irrigation of features within the right-of-way may require the Permittee to install a subsurface drain in accordance with CDOT Standard M-605-1 or other approved system. The Permittee shall contact Linda McWilliams at the Greeley Traffic Office, (970) 350-2147,to obtain the Landscaping Permit. 21. Routine, periodic maintenance and emergency repairs may be performed within the State Highway right-of-way, under the general terms and conditions of the permit. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications,will require written authorization from the Department. The Department shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic on the State Highway. In an emergency, the Department Region Office and the State Patrol shall immediately be notified of possible hazards. 22. All work is to conform to the plans referenced by this permit on file with the Department or as modified by this permit. (If discrepancies arise, this permit shall take precedence over the plans.) The Department plan review is only for the general conformance with the Departments design and code requirements. The Department is not responsible for the accuracy and adequacy of the design, dimensions, elevations, and any other elements which shall be confirmed and correlated at the work site. The Department through the approval of this document, assumes no responsibility for the completeness and/or accuracy of the plans. 23. The State requires a Certificate of Insurance prior to commencing any work on the State Highway right-of-way. Policies shall name the State of Colorado as additional insured party, All vendors, contractors, and utility companies shall procure, at their own expense, and maintain for the duration of the work period, the following minimum insurance coverages: A. Standard workman's compensation and employer's liability, including occupational disease, covering all employees engaged in performance of the work at the site, in the amount required by State Statutes. B. Comprehensive general liability in the amount of$600,000 combined single limit bodily injury and property damage, each occurrence and $2,000,000 annual aggregate. C. Automobile liability in the amount of$600,000 combined single limit bodily injury and property damage, State Highway Access Permit Page 3 Attachment to Permit No, 406136 - Additional Terms and Conditions for each accident. Certificates of insurance showing compliance with these provisions shall be attached to and made a part of this permit and be available on the site during construction. 24. Survey markers or monuments must be preserved in their original positions. Notify the Department at(970) 350-2173 immediately upon damage to or discovery of any such markers or monuments at the work site. Any survey markers or monuments disturbed during the permitted work shall be repaired and/or replaced immediately at the expense of the Permittee. 25. Should any excavation encounter plant or animal fossils,the remains of historic or prehistoric structures, artifacts, (pottery, stone tools, arrowheads, etc.), the work shall be stopped and the Permittee shall notify the Department inspector. 26. The Permittee or the contractor shall notify Linda McWilliams at(970)350-2147 or(970) 301-1 127 at least two working days prior to beginning any access improvements or construction of any kind within the State Highway right-of-way. Failure to comply with this requirement may result in revocation of this permit. 27. The Department inspector may suspend any work due to: 1) Noncompliance with the provisions of this permit; 2) Adverse weather or traffic conditions; 3)Concurrent highway construction or maintenance in conflict with permit work; 4) Any condition deemed unsafe for workers or the general public. The work may he resumed upon notice from the Department inspector. .28. If highway right-of-way fence exists or is proposed, the Permittee must contact Linda McWilliams at the Greeley Traffic Office, (970) 350-2147, prior to removal or installation. 29. The access shall be constructed 20 feet wide with 20 foot radii. 30. Construction traffic control devices, when not in use, shall be removed or turned away from traffic. 31. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade for a minimum of 20 feet. 32. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within State Highway right-of-way. 33. All required access improvements shall be installed prior to the herein authorized use of this access. 34. The access shall be surfaced immediately upon completion of earthwork construction and prior to use. 35- Surfacing of the access shall be completed as per Exhibit"A". 36. No paved surface shall be cut unless specified in this permit. Asphalt removal shall be saw cut to assure a straight edge for patching. 37. If frost, water or moisture is present in the suhgrade, no surfacing materials shall be placed until all frost, water or moisture is gone or removed. 38. The Permittee shall install a new 18 inch corrugated metal pipe and shall provide for proper side slopes. Culverts over 18 inches in diameter shall have end sections. 39. The access shall be constructed and maintained in a manner that will not cause water to enter onto the roadway, and will not interfere with the existing drainage system within the State Highway right-of-way. State Highway Access Permit Page 4 Attachment to Permit No. 406136 - Additional Terms and Conditions Drainage to the State Highway right-of-way shall not exceed historical rate of flow. 40. All existing drainage structures shall be extended, modified, or upgraded as necessary, to accommodate all new construction and safety standards, in accordance to the Department's standard specifications. 41. The Permittee shall request final inspection by Linda McWilliams at(970) 350-2147, within 10 days following completion of access construction, and prior to authorized use. The Permittee or their representative shall be present. 42. A fully executed complete copy of this permit must be on the job site with the contractor at all times during construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 43. The design and construction of access and/or development of this property shall not negatively impact adjacent nearby properties. Correction of the problem and cost resulting from damages shall be borne by the Pennittee. 44. It is the responsibility of the Permittee to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly for the appropriate agency prior to commencing work. Please refer to or request a copy of the "CDOT Environmental Clearance Information Summary" (ECIS)for details. The ECIS may be obtained CDOT Permitting Offices or may be accessed via the CDOT Planning/Construction-Evnironmental Guidance webpage at http://www.dot.state.co.us/environmental/Forms/asp. FAILURE TO COMPLY WITH REGULATORY REQUIREMENTS MAY RESULT IN SUSPENSION OR REVOCATION OF YOUR CDOT PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES. ALL discharges are subject to the provisions of the Colorado Water Quality Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substance such as: wesh water, paint,automotive fluids, solvents, oils or soaps. Unless otherwise identified by CDOT or the Colorado Department of Public Health and Environmental (CDPHE) Water Quality Control Division (WQCD) as significant sources of pollutants to the waters of the State, the following discharges to storm water systems are allowed without a Colorado Dischage Permit System Permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditon condensation, irrigation water, springs, footing drains, waterline fluishing,flows from riparian habitats and wetlands, and flow from fire fighting activities. ANY OTHER DISCHARGES, including stormwater discharges from industrial facility or construction sites, may require Colorado Discharge Permit System permits from CDPHE before work begins. For additional information and forms, go to the CDPHE website at: littp://cdphe.state.co.us/wq/PeninitsUnit/wqu 0`^ t'`suing authority application COLORADO DEPARTMENT OF TRANSPOF nON cceptance date: STATE HIGHWAY ACCESS PERMIT APPLICATION I Icif3!oc� instructions: - Contact the Colorado Department of Transportation(CDOT)or your local government to determine your issuing authority. Contact the issuing authority to determine what plans and other documents are required to be submitted with your application. ^ • questions may not apply to you)and attach all necessary documents and Submit it to the issuing authority - Complete this form(some P. ..e print - Submit an application for each access affected. or type - If you have any questions contact the issuing authority. - For additional information see CD0T's Access Management website at htto://wlnv+.dot.state.co,us/Accesspermits/index-htm owner(Permittee) _// 2)Agent ffoor permittee(if diffe ent from property owner) 1)Property Aloe/N .LL c(0.?—(0.? 1 / n+1/cJ 4N�4� — ��/-e4.ss �'x�OR�.SJ �P i railing address Street address Tk s j r T O Vicri`l 4j O ad.bi 3 G ,✓r Phone#(required) 3 City,state&zip (.. 07 City state&zip I g�jZz.$ Phone# � �,�hcwood+�o[o Jo3- y/`e-77/s- .2/g74+4 i'K G✓y�M-'N� o2-74kf--ere? `E-mail address if available E-mail address Co..... I /,7r�,;/O zgr ce...7 O/.ea►... — - :3)Address of property to be served by permit(required) dot, �0 2.g..5- hi w y 16.-- A , w/ Z -- •4)Legal description of property:If within jurisdictional limits of Municipality,city and/or County,which one?r o:r ey subdivision block iOf I section I townsn � � //// I 142 1 5)What side of the hi hway? 5)What S ate Highway are you requesting access from? N �S D E W �wy �?S + � How many feet is the proposed access from the nearest mile post? Hov+many feet is the proposed access from the nearest cross street? 1' A LTu.m/ �,A. 9 f i�r 7_, _ o feet❑NOS❑EON/)from: ,?GS ,______ feet�NOSOiEOW)from: /f/O C/2 .c.r 6)1Nhat is the approximate date you intend to begin construction? oG CS T0a , l i 2O'o G 9)Check here if you are requesting a: lm rovement to existing access O new access temporary access(duration anticipated: 9/0/2,t,•.•.t+t.(J flimorove nf t existing access(provide detail) 0 change in access use Qremovaf of access --`--, 1(... r'ide existing property use / a Id is w,e a✓/1/ e Lrco+y - �c T+'N /� /Y Tc+/L/.1/C 6k.1 dvn.yRs.sJo/" ;s 1-4,_._\ �/y;Chi/I✓!4/# + P you interest? T��1`,�)�o you have knowledge of any State Highway access permits serving this property,or adjacent properties in which have date: gtno yes,if yes-what are the permit number(s)and provide copies: 12)Does the property owner own or have any interests in any adjacent property? Sno D yes,if yes-please describe: -- '- 13)Are there other existing or dedicated public streets,roads.highways or access easements bordering or within the property? 0 no O yes,if yes-list them on your plans and indicate the proposed and existing access points- —T ,4)If you are requesting agricultural field access how many acres will the access serve? 15)If you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square footage of each. square footage —business/land Isqua re___ square ` /Y/�luR/y1 1/4.S. C'®��(tassoA. c_ I /,/.37,30 --------_ — ----..�._—I -- �^ nt access,what is the type(single family,apartment.townhouse)and number of units:- 15)If you are requesting residential developeme number of units type —_J-----_- number of units type -� ~— � Leaving then returning is two counts. � ` 17)Provide the following vehicle count estimates for vehicles that will use the access. the property _ :d multi tint tricks Si yta1:now volumes t 0'passenger cars and light trucks at peal � ur volumes {rldicate if your coun[s are J'��. 3 ^_ "peak hour volumes or average daily volumes --- 5--' Total count of all vehicles v 01..1 .4 tint veil:Ms in evicesc OI?Ott Y or rarm ve`icl^_s(feel^equipment) v / I. Previous editions are obsolete and may not be used Page 1 of 2 CDOT Form'137 12103 18)Check with be sewing authordy is determine which of the tnNowinp document are requited 10 compkte the reviewer yctir application. A.., s) Pmperti rrmp indicating other oce5t,boro-dna mndearid streets. o) Subdivision,zoning,or development plan. h) Highway and driveway Dranprofile. 9 Proposed acgtt d.dpn. a Dtoina ge pan ohownp impact to the his hwtyriphbnoway, g) Pe reel and ownership rapt including eapernonla. th Map andlettere detailing urihlyioatlone before aneatter l' Tret(cstadke. development in and eiang the rtght-of-vey. q Proof of ownership. 1- It In the applicant's responsibility to contact appropriate agencies and obtain all environmental clearances that apply to their activities. Such clearances may include Corps or Engineers 404 Permtts or Colorado Discharge Permit System permits, or ecological, aroheoiagloal, historical or cultural resource clearances, The CLOT Environmental Clearances Information Summary presents contact Information for agencies administering certain clearances, information about prohibited discharges, and may be obtained from Regional CDOT Utility/Special Use Permit offices or accessed via the CDCT Pianning7Conatruclon-Environmental-Guidance webpage httR;tlwww,dot state,so.ciiienvIronmental/Forms.asp. 2- All workers within the St.—te Highway right of way ahal rn;mply with their employers safety and health policies/ procedures, and all applicable U.S. Occupational safety and Health Administration(OSHA) regulations-includirrg, but not limited to the applicable sections of 23 CFR Pan 1910 oeoupalionat Safety and Health Standards and 29 CFR Part 1925 -Safety grid Heulfh Regalaftony Tod Cerl5Luclion. Personal protective equipment (e,g. head protection, 'rootwear, high Visbitlty apparel, safety gtassas, hearing protection, respirators, gloves, etc.)shall be worn as appropriate for the work being porformed, and as specified in regulation. At a minimum, all workers in the State Highway right of way,except when in their vehicles, shall wear the follow/Ina personal protective equipment: High 'r sibility apparel as spesRed in the Traffic Control provisions of the documentation accompanying the Notice to Proceed related to this permit (at a minimum, ANSVISEA 107-1_999, alas'2); heed protection:het Complies with the ANSI yao.1-1DF7 standard; and at all construction sites or whenever there is danger of injury to feet,workers shall comply with OSHA's PPE requirements for toot protection per 29 CFR 1910.135, 1926.95, and 1926.9_ If required, such footwear shall meet the requirements or At1Sl Z41-1990, Where any of the abrrve.referenced ANSI standards have been revised, the most recent version of the standard shall apply. S.- The Permlttee Is responsible for oomplyirl with the Revised Guidelines that have been adopted by the Access Board �.... under the American Dlsablutias Act(ADA). These guidelines define traversable slope requirements and presaibe the use of a defined pattern of truncated domes as detectable warnings at street croosirge. The new Standards Plans and can be found on the Design and Construction Project Supped Web page at chttp:Pl!+ y,,ttoL teta ausir/p•xyn6tJpgr7!ah, theft click on Design n'ullefrns, If an access permit Is issued to you, tt W 1!state the terms anp conditions Poe es uee. Any chan'pes In the use of the permitted access not consistent with the lerms and conditions listed en the permit may be corrSidered a violation of the permit. Th 'applicant declares under penalty of perjury In the second degree,and arty other applicable stets or rederat taws. that all information provided on this form and submitted attachments are to the best or their knowledge true and complete. I understand receipt of an access permit doss not conshtutc permission to start ac case construction wort:, • FD J property. _....,_., . ,....___.__—� ._._ p y roan* .cola �I. �TN ..",/j______ 11)2,, ls1!ii✓/�S 9(.7106 _ it the applicant is not the owner ci the pro ert . We require this app➢ashen also to be signed by the property owner or their legally authorized representative (or other acceptable Written evidence). This signature shall constitute agreement with this application by all owners-Of-interest unless staled in writing. 7r a permit fs issued, the property owner, In most cases, will be fisted as the per-Mines raperty oVn:elan:ur ri---- IPrirk lie me De4 — r.�ilee.rd c Sears `7/7/oG Previous rd5cros are obtoietr err!may lid be u.-d Ace.7 or 1 COOT Form 1117 17/.11 .z o 13 \ A 1 „„.....-------- , , Y c �p� 13� J S� -it' (2S b O 17 4 -, I' • y ....1, ,n h O 0 -0, b C.1• ... h .y O O o J 00 a O 00 Col h - • u .S ,5.D U C./ U ~ •_ - 7 a `JS a a a o cio w cm ❑ U -- ,--, ! d� ' U cn U .0 0 :? w y„ f CI 7 T y ? o - G w !-r y ql U ct u - G a rn .� vii L 0 i-, Y dD - v, 4J E tz '4 .n O �D U y ✓ w O bbD-04 '7 W U O w)4 1�.. '� 4 U i. I C.-C3 U J1 ..w 5 e< U pld ^ , oI Q .ice ai i a DELORMM' Street Atlas USA®2006 Vicinity Map for Permits #406136 & #406137 85 SAimppson es /5 [Permit#406137] Fermia4.3- 05 185 1l Nile Hi ckpod tN Scale 1 50 O00 Data use subject to license ©2005 Delorme Street Atlas USA®2006 44 is Sej _ ^� OA VA com 1 41667 fl Data Zoom 120 LH- DEPARTMENT OF PLANNING SERVICES 918 10"' Street GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAL: bmueller@co.weld.co.us C. PHONE I(9(970) 3FAX(97O00) 304-6498 COLORADO December 1, 2006 Juan Sandoval, Permitting Agent Rockies Express Pipeline LLC P.O. Box 8 St. Joseph, MO 64506 RE: Rockies Express Pipeline Crossing Weld County, Colorado Dear Mr. Sandoval: Michelle Martin in our offices passed along your letter dated November 14, 2006, requesting information about the review requirements of the Rockies Express Pipeline, which will be traversing east-west through northern Weld County. I had the opportunity to meet with representatives of the Pipeline on May 1 of this year to discuss permitting requirements. This meeting included Tim Atwater of Kinder Morgan, Inc., and Michael Mansour of the Poudre Valley Rural Electric Association, Inc. Under Weld County Code, pipelines are an element of a use termed a "major facility of a public utility," which may be eligible for County regulation. However, pipelines that are regulated, licensed or permitted under federal regulations as interstate transmission lines are exempt from regulation under this Chapter. (See Section 23-1-90 of the Weld County Code for definitions.) At the May 1, 2006, meeting, staff was left to understand that the Rockies Express Pipeline is in fact being built under federal regulation; as such, no processing of the pipeline is required through Weld County. Please note, however, that a related compressor station planned in the Highway 85 corridor is not exempt under these terms and will need to be processed as a Use by Special Review through our office. A representative for that project has, in fact, presented preliminary application materials to our office this week, and we anticipate that application to be submitted next week. In conclusion, assuming that the project still remains under federal regulation, no land use application is required of Weld County for the majority of the Rockies Express Pipeline, with the exception of the compressor station. Please continue to coordinate with the Weld County Public Work Department for issues concerning crossing County right-of-way, and please feel free to contact me with any questions about this determination of use in conjunction with the project. Thank you for the opportunity to respond to your request. Sincerely, Brad Mueller Weld County Planning Services cc: Michelle Martin, Weld County Planning Services Kim Ogle, Weld County Planning Services Pat Persichino, Weld County Public Works 2 Hello