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Home My WebLink About20232459.tiff/D'7g/ BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance During Construction Agreement for: DCP Operating Company LP — LAP23-0007 DEPARTMENT: Planning Services DATE: August 8, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief • description of the problem/issue: The Department of Planning Services received a request from the applicant, DCP Operating Company LP, requesting that the Board of County Commissioners consider approving the Road Maintenance During Construction Agreement for (LAP23-0007). No collateral is required with this agreement. Weld County Planning Services, Public Works, Oil and Gas Energy, and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: All Public Works related items, of the "Road Maintenance Agreement According To Policy', are found to be acceptable. This Agreement complies with the terms of the LAP Process as defined in the Weld County Code and per the requirement of the Department of Public Works to protect our roadways from heavy traffic during the construction period. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the Road Maintenance Agreement According To Policy for LAP23-0007, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine 1✓ t-2( 5 Support Recommendation Schedule o 8 9 = Work Session :1g;3UA) (29//-2-/,t3 Other/Comments: 2023-2459 00.005 ROAD MAINTENANCE AGREEMENT ACCORDING TO REQUIREMENTS DURING THE CONSTRUCTION PERIOD DCP Operating Company LP — LAP23-0007 THIS AGREEMENT is made this D2/6(day %f , - ' , 202x, by and between DCP Operating Company LP, a limited partnership organized under the aws .S the State of Colorado, whose address is 3026 6th Avenue, Greeley, Colorado 80631, hereinafter referred to as "Operator," authorized to do business in the State of Colorado , and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WI'I'NESSETH: WHEREAS, Operator is the responsible party of the Location Assessment for Pipelines (LAP) permit located on the following described property in the County of Weld, Colorado: Section 25 & 26, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Operator has received conditional approval from the Director of the Oil and Gas Energy Department for LAP23-0007, and WHEREAS, the Operator facility will generate additional vehicles and heavy traffic directly associated with LAP23-0007, for an extended period of time; and WHEREAS, the County, and Operator are desirous of agreeing to terms involving regulation of haul routes, traffic control, and road wear arising from such additionaltraffic. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant, and agree as follows: Part I: SITE SPECIFIC PROVISIONS A. Reserved B. Haul/Travel Routes: Haul Route Roads are considered that length of roadway within 1/2 mile of each access location and Right -of -Way (ROW) crossing of the pipeline. C. Maintenance Requirements: 1.0 Off -Site Dust Control/Abatement: The Operator is required to provide dust abatement along affected gravel Haul Route roads within 1/2 mile of each access location of the pipeline, as determined by the County. County will determine the proportionate share of dust control to be paid by Operator. The amount and extent of dust control measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. The County reserves the right to install traffic counters on the driveway(s) of the Operator's facility. The County will have sole responsibility for determination of the percentage of haul route traffic on all affected roads. 2.0 Obligation to Maintain Current and Future Haul Routes: Operator will be fmancially responsible for the excavation, repair, and patching of any damage on current or future haul route roads, which in the sole DCP Operating Company LP — LAP23-0007 - RMCA23-0016 Page 1 of 6 �oag- a¢�9 opinion of County has been created by vehicle traffic to and from the Property. Should Operator's site activities or vehicle circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Operator's sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, Operator shall cooperate with County in maintenance of said roads which are included within the new haul route. The type and method of repair will be determined by the County Engineer or his representative. Repairs shall commence within 48 hours of notification by the County for any roadway damage that exposes the driving public to adverse or unsafe driving conditions. All other repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by Project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Operator of such Significant Damage. Operator shall identify the repair required and shall consult with County on the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within 48 hours after receipt of such notice. If Operator identifies Significant Damage prior to receiving notice thereof from County, Operator may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials, and quality of repair (i.e., temporary versus permanent). 2.2 In County's sole discretion, County may undertake the repairs and/or improvements. Operator's payment for its Proportionate Share of the road repairs/improvements will be calculated as described in this Agreement. 3.0 Proportionate Share of Road Maintenance Responsibilities: 3.1 Operator shall pay its Proportionate Share of costs of dust control/abatement, paving, repairs, maintenance, improvements, or future road replacement of any particular Haul Route Road. Operator's Proportionate Share shall be based upon the percentage of traffic on the road that is attributable to Operator's facility. County personnel will determine the percentage based on then current Equivalent Single Axle Load (ESAL) Counts. Operator shall not be responsible for traffic that is not sourced from the Operator's facility. 3.2 The County shall notify Operator of County's preliminary determination and assessment of Operator's proportionate share of costs. Prior to County's final determination and assessment, County shall provide Operator with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Operator's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Operator's proportionate share of costs. Part II: General Provisions A. General Requirements: 1.0 Permits. Operator must still apply for and abide by the terms of any necessary right-of-way permits, grading permits, and building permits. No work may occur in the County's right-of-way without a County issued right-of-way permit and access permit. 1.1 Access Permits. Operator shall not use any access onto any County road unless and until an access permit has been issued by the Department of Planning Services. Planning Services may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article XIV of Chapter 8 of the Weld County Code. DCP Operating Company LP — LAP23-0007 - RMCA23-0016 Page 2 of 6 1.2 Right -of -Way Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work shall occur without said ROW permit. 1.3 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner. 2.0 Release of Liability: Operator shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of the pipeline, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. 3.0 Liability for Damage to Road. Operator shall be financially responsible for any and all damage caused to any Weld County Road as a result of the installation, use, or maintenance of the pipeline through the County's rights -of -way, without regard to the negligence, or lack thereof, of Operator or its agents. This provision shall survive Termination of this Agreement pursuant to Section B.2.0, below, and shall be of no further force and effect ten years after mutual execution of this Agreement. B. Violations of Agreement and Remedies 1.0 Violation of Terms of Agreement: If in County's reasonable opinion, Operator has violated any of the terms of this Agreement, County shall so notify Operator and shall state with specificity the facts and circumstances which County believes constitute the violation. Operator shall have thirty (30) days within which to either cure the violation or demonstrate compliance. Thereafter, County may seek any remedy described in this Agreement or otherwise provided by law. 2.0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the earliest of the following events: 2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur upon Operator's complete cessation of all activities permitted by the LAP. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release constitute a Termination. Unless informed in writing by the Operator of cessation of activities, and verified by the County, cessation shall be presumed if the County determines that the LAP has been inactive for three (3) years. 2.2 Execution of Replacement Agreement: This Agreement shall terminate following County's execution of a new Improvements Agreement with a new Operator or Operator who has purchased the Property or has assumed the operation of the business permitted by the LAP, and intends to make use of the rights and privileges available to it through the then existing LAP. 2.3 Rescission of LAP: This Agreement shall terminate following County's rescission of Operator's LAP, except that the Operator shall only be released from this Agreement after the successful completion of all improvements required under this Agreement. 2.4 Completion of Construction: This Agreement shall terminate following Operator's completion of construction of the facilities authorized by the underlying LAP. Operator shall notify the County of completion. DCP Operating Company LP — LAP23-0007 - RMCA23-0016 Page 3 of 6 3.0 Rescission of LAP: Operator acknowledges that failure to comply with the material terms of this Agreement constitutes cause to rescind the LAP, and County may exercise this option in its sole reasonable discretion by proceeding with rescission under the then current provisions of the Weld County Code. 4.0 Court action: Upon notice of violation and failure to cure within the time permitted by this Agreement, County may seek relief in law or equity by filing an action in the Weld District Court. C. Miscellaneous Provisions. 1.0 Successors and Assigns: 1.1 Operator may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In such case, Operator's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. 1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the mm express intention of the undersigned parties that any person or entity, other than the undersigned parties, m2 receiving services or benefits under this Agreement shall be an incidental beneficiary only. N �aw �mm 7.0 Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or < incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Operator agrees that the Weld County District Court shall • have exclusive jurisdiction to resolve said dispute. 8.0 Release of Liability. Operator shall indemnify and hold harmless the County from any and all liability - loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description 5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and =~ incorporated herein, contains the entire agreement between the parties with respect to the subject matter ▪ ncontained in this Agreement. This instrument supersedes all prior negotiations, representations, and 4 understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement a 1 maybe changed or supplemented only by a written instrument signed by both parties. EQE o ® " 6.0 Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until m O1 it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. DCP Operating Company LP — LAP23-0007 - RMCA23-0016 Page 4 of 6 caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding Section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 10.0 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 11.0 Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Operator shall provide the County with proof of Operator's authority to enter into this Agreement within five (5) days of receiving such request. 12.0 Acknowledgment. County and Operator acknowledge that each has read this Agreement, understands it, and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Weld County Code shall control. 4918029 Pages: 5 of 6 08/30/2023 11:59 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO inn DCP Operating Company LP — LAP23-0007 — RMCA23-0016 Page 5 of 6 OPERATOR: DCP Operating Company LP By: -. Date �S a 0& Name: �r✓>t ,<9 A4req/K,e Title: #44fjm ey .i. e STATE OF COLORADO SS. County of Weld � )NiThe foregoing instrument was acknowledged before me this4D day of JA. l 2025 , by I- e t.L.91 5 e. WITNESS my hand and official seal. At) -1,`k ("8—f& Notary Public (� LORRI ANN CARLSON Notary Public State of Colorado Notary ID #20054008501 My Commission Expires 03-02-2025 WELD COUNTY: ATTEST: Weld Co BY: lerk to the Boar Deputy Cle Ito the : oar` f i 4918029 Pages: 6 of 6 08/30/2023 11:59 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII iinfidi:19IAL11,11015111i161 i Yk 11111 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair AUG 2 12023 DCP Operating Company LP — LAP23-0007 - RMCA23-0016 Page 6 of 6 aoa 3-a��q Contract Form New Contract Request Entity Information Entity Name* DCP OPERATING COMPANY LP Entity ID* x'-00040422 New Entity? Contract Name* Contract ID ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT 7315 DCP OPERATING COMPANY LP LAP23-0007 Contract Status CTB REVIEW Contract Lead* JTRUJILLOMARTINEZ Contract Lead Email jtrujil lomartinezweldgov.c ©m Parent Contract ID Requires Board Approval YES Department Project # Contract Description* ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT DCP OPERATING COMPANY LP LAP23-0007 NO COLLATERAL REQUIRED Contract Description 2 Contract Type. AGREEMENT Amount. $0.00 Renewable* NO Automatic Renewal IGA Department PLANNING Department Email CM-PlanningOiweidgov.com Department Head Email CM -Planning- Does Contract require Purchasing Dept. to be included? DeptHead• weldgov.com NO Requested BOCC Agenda Date* 08 16'2023 Due Date 08:'12,'2023 Will a work session with BOCC be required?* NO County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYWWELDG EYWWELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* 08;16x2024 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date 08`16;'2025 Contact Info Contact Name Nil -chasm! Purchasing Approver Approval Process Department Head TOM PARKO JR. DH Approved Date 08,'1412023 Final Approva BOCC Approved BOCC Signed Date 8OCC Agenda Date 08'21/2023 Originator JTRUJILLOMARTINEZ Contact Type Contact Email Finance Approver CHERYL PATTELLI Purchasing Approved Date Finance Approved Date 08/15 2023 Tyler Ref # AG 082123 Legal Counsel BRUCE BARKER Legal Counse 08 1 5,'2023 Contact Phone 2 Chalk -Seeley -K2 -Whitney Pipeline Project EMERGENCY RESPONSE ACTION PLAN (ERAP) DCP Operating Company, LP di±p Midstream. Local Office DCP Midstream 3026 4th Ave. Greeley, CO 80631 Proposed Project Start Date: January 2024 Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project Table of Contents Section 1: Approval Signatures Section 2: Information Summary Company Name: 24 -Hour Emergency Number: Qualified Individual: Project Name: Estimated Construction Time: Pipeline Size and Type Description: Product Transported Through Pipeline: Project location narrative: Surrounding Occupancies: Valve Locations: Small Spill: Large Product Release or Spill: Section 3: Notification Procedures a) DCP Midstream contacts b) DCP Midstream Community/Media Relations c) First Responders (Fire, EMS, HazMat) d) Local, State, and Federal Contacts e) Medical Facilities (Nearest locations to site) f) Spill Response Organization (Contracted) Emergency Notification Priority List and Checklist: Section 4 Spill Detection and On -Scene Spill Mitigation Procedures a) Spill/Release Detection: b) Spill/Release Response Personnel: c) Spill/Release Response Equipment: Section 5: Response Activities a) Responsibilities and Actions to be taken by First Responder b) Incident Commander Responsibilities and Authority c) Spill response organizations Section 6. Training Procedures First Responder Awareness Level First Responder Operations Level 5 6 6 6 6 6 6 6 6 6 6 7 8 8 9 9 9 9 9 10 10 10 12 12 12 13 14 15 15 15 16 16 16 Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project Hazardous Materials Technician On -Scene Incident Commander Skilled Support Personnel Emergency Drills Section 7: Response Plan Review and Update Procedures a) Multi -year plan review and update b) Post incident plan review and update Section 8: Maps and Drawings Attachment 1: DCP Midstream Weld Asset Contacts 17 17 17 18 19 19 19 20 21 Date updated: 6/15/2023 UUL.L1Oly. I I CI IVCIUFJC ILJ. DU4OMCJU-JLJU4-4M:1O-DOMM-J/ CMCOLUU I Chalk -Seeley -K2 -Whitney Pipeline Project Section 1: Approval Signatures DCP Midstream Name Signature Title Date Gordon Alexander 970-302-7144 -DocuSigned by: Gerht& AL), Ai JAX `-RR491 MABC 1 F4:in Weld Field Supervisor 6/13/2023 Fire District Name Signature Title Date Seth Wambolt 970-584-0662 Eaton Fire Protection District - Fire Chief 7/19/2023 Weld County Office of Emergency Management Digitally Signed David Burns Digitally signed by David Burns Date: 2023.07.25 07:58:08 -06'00' Date updated: 5/25/2023 Chalk -Seeley -K2 -Whitney Pipeline Project Section 2: Information Summary Company Name: 24 -Hour Emergency Number: Qualified Individual: DCP Operating Company, LP 3026 4th Ave Greeley, CO 80631 (970) 356-9700 888-204-1781 Gordon Alexander, Weld Field Supervisor 970-378-6358 galexander@dcpmidstream.com Project Name: Chalk -Seeley -K2 -Whitney Pipeline Project Estimated Construction Time: The Chalk -Seeley -K2 -Whitney Pipeline Project is scheduled to commence construction as early as January 2024 and take up to two months of construction to complete. Pipeline Size and Type Description: This Project is an approximately 1.42 mile, 12 -inch diameter natural gas steel pipeline that connects PDC's Chalk -Seeley -K2 -Whitney Pad (1041WOGLA22-0010) to an existing DCP pipeline. The Project includes one 20' x 80' launcher valve site at the Chalk -Seeley -K2 -Whitney Pad and one 15' x 30' receiver valve site at the connection to DCP's existing pipeline. Product Transported Through Pipeline: The pipeline will transport natural gas from PDC's Chalk -Seeley -K2 -Whitney Pad (1041WOGLA22- 0010) to an existing DCP pipeline. Project location narrative: DCP is planning to construct, own, and operate the Chalk -Seeley -K2 -Whitney Pipeline (Project). This Project is an approximately 1.42 mile, 12 -inch diameter natural gas steel pipeline that connects PDC's Chalk -Seeley -K2 -Whitney Pad (1041WOGLA22-0010) to an existing DCP pipeline. The Project includes one 20' x 80' launcher valve site at the Chalk -Seeley -K2 -Whitney Pad and one 15' x 30' receiver valve site at the connection to DCP's existing pipeline. The Project is located entirely within unincorporated Weld County and will be constructed within the following Township, Range and Sections: Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project • Section 26 Township 6 North Range 66 West • Section 25 Township 6 North Range 66 West The Project's total construction Right of Way (ROW) will be 80 feet wide, and the permanent easement will be 20' feet wide. The pipeline will be installed at a nominal depth of 4 feet below the surface, except where bored deeper under roads or railroads. For the purposes of this application, the ROW is defined as the right to cross the property and does not indicate Fee ownership. The maximum allowable operating pressure (MAOP) of the pipelines will be 400 pounds per square inch gauge (psig) with a normal operating pressure between 225 psig. The Project originates at the PDC's Chalk -Seeley -K2 -Whitney combined well pad (1041WOGLA22-0010) (40.461148°/ -104.744215°) and heads directly south for 0.09 mile. The pipeline then heads east 0.32 miles. Next, the pipeline heads northeast for 0.11 miles and then east for 0.09 miles as it will cross under N 35th Avenue. The route then heads southeast for 0.09 mile, then east for 0.09 mile, south for 0.08 mile, east for 0.10 mile, north for 0.02 mile, east for 0.17 mile, northeast for 0.03 mile, east for 0.22 mile, north 0.01 mile and finally east for 0.01 mile where it will terminate at the receiver valve site and connect to DCP's existing pipeline (40.459187° / -104.721128'). The pipeline crosses WCR 35. The Project is not located within a floodplain and no wetlands or streams will be crossed by the Project. The Project crosses a private ditch on Union Colony Investors LLC and on Hungenberg Group Farms, LLLP and will be crossed via bore. The Project is not located within an Intergovernmental Agreement Areas. Surrounding Occupancies: Structures within 150 feet of the proposed pipeline are listed in Table 1. The locations of these structures are illustrated on the overview map provided in Section 8. Table 1. Structures within 150 of the Chalk -Seeley -K2 -Whitney Pipeline in Unincorporated Weld County Structure Number Type of Structure Distance from pipeline (feet) Address Latitude Longitude Map Name 1 Well pad (1041WOGLA22-0010) 0 N/A 40.356157° -104.669635° ERAP Map 2 Above Ground Pipeline Appurtenances 116 N/A 40.459496° -104.730609° ERAP Map 3 Meter Station 0 N/A 40.359257° -104.667895° ERAP Map Valve Locations: Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project Type of Valve Location Address Latitude Longitude Map Name Launcher PDC Chalk -Seeley -K2 -Whitney well pad (1041WOGLA22-0010) N/A 40.356157° -104.669635° ERAP Map Receiver DCP Pipeline Connection Point N/A 40.359257° -104.667895° ERAP Map Small Spill: All spills will be cleaned up immediately after discovery and reported to the appropriate agencies, in accordance with applicable regulations. To reduce the likelihood of oil released by container or equipment failures from reaching navigable waters, spill response procedures will be put in place for the project. 1. Upon discovery of a small spill, the first on site responder will contact the DCP Project Lead. The DCP Project Lead will initiate, support, or completely implement the spill response activities. To ensure spills are cleaned up promptly and effectively: 2. Spill response materials, such as absorbent materials, shovels, booms and a tractor are maintained at the site to control and contain releases. 3. Site personnel are trained in spill response procedures. 4. Additional information on spill response procedures can be found at any DCP gas plant in their Spill Prevention Control and Countermeasure (SPCC) Plan. 5. Off -site disposal will be in accordance with all applicable regulations. 6. The Project Lead with support from DCP environmental staff will maintain records and make appropriate notifications within and outside DCP as outlined below. Large Product Release or Spill: If necessary due to a large product release or spill, the DCP Project Leads (Mike Smith — Construction lead or Nick Hagenlock — ROW project lead) will notify the public safety personnel. The assistance of these personnel can be used to minimize public exposure to the hazard, evacuate the public, control traffic, assist in fire control, and provide emergency medical care. The DCP Construction Lead is also responsible for notifying Branden Hayes, Environmental Support. The Environmental Support will be responsible for notifying the appropriate Federal, State, and local government agencies of the release. The general steps for responding to a product release or large spill are outlined below: 1. Report the release to Facility Operator. Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project 2. Evacuate personnel from the immediate area to the designated assembly area or to a location upwind of the release. Dial 9-1-1 to report release to local first responders. If first responders respond to the scene, an on -site company liaison will be assigned to form a Unified Command with first responders. 3. Account for personnel. 4. Engage emergency shutdown systems and/or manually isolate release from a safe distance. 5. Establish a secure perimeter around the area to prevent unauthorized entry. 6. Notify Facility Supervisor and make other internal notifications as appropriate. 7. Assess the threat to the public and notify public officials as appropriate. Section 3: Notification Procedures In the event a release from the Chalk -Seeley -K2 -Whitney pipeline project the following procedures listed below will be followed in order to effectively report the incident and to mobilize the necessary equipment and personnel to respond and mitigate the incident. For DCP notification contact list, refer to Attachment 1. a) DCP Midstream contacts Name Office Phone Emergency/Cell 24 -Emergency number N/A 888-204-1781 Qualified Individual 970-539-1806 Energy Company EHS on -call Emergency Number N/A (800) 435-1679 EHS Supervisor 303-605-7151 EHS — Safety 970-381-7527 EHS — Environmental 970-378-6389 720-315-8008 b) DCP Midstream Community/Media Relations Name Office Phone Cell Phone Jeanette Alberg — Mgr., Public Affairs 303-605-3424 c) First Responders (Fire, EMS, HazMat) Name Emergency Number I Non -Emergency Number *All emergency notifications require notification to 911 first Eaton Fire Protection District 911 970-454-2115 Weld County Sheriff 911 970-356-4015 Colorado State Highway Patrol 911 970-506-4999 d) Local, State, and Federal Contacts Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project Name Emergency Number Non -Emergency Number Weld County Oil and Gas Energy Department none 970-400-3580 Weld County Office of Emergency Management 911 970-304-6540 Greeley Office of Emergency Management 970-350-9598 Charlie McCartin Assistant Emergency Manager Training & Exercise Specialist Charlie.McCartin@greeleygov.com CDPHE none 877-518-5608 Colorado Parks & Wildlife none 303-291-7227 National Response Center 800-424-8802 none e) Medical Facilities (Nearest locations to site) Name Office Phone UC Health Greeley Hospital 970-652-2000 North Colorado Medical Center 970-810-4121 f) Spill Response Organization (Contracted) Name 24/7 Emergency Number Non -Emergency Number Burnt Mountain Energy Services 720-299-4201 BlackEagle 970-532-0600 Tasman Geosciences 303-487-1228 1888 Industrial Services 970-834-1817 Emergency Notification Priority List and Checklist: Priority Notification Time Check 1 911 2 Qualified Person 3 DCP Facility Operator 4 DCP Facility Supervisor 5 DCP Gas Control 6 DCP Operations Manager 7 Weld County Sheriff (if necessary) 8 Weld County Emergency Management (if necessary) 9 National Response Center and other agencies (if necessary) Information to be provided in the initial and each follow-up notification: Name of pipeline Time of discharge Location of discharge Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project Name of product involved Reason for discharge (e.g., material failure, excavation damage, corrosion) Estimated volume of product discharged Weather conditions on scene Present location and path of release Potential containment actions Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project Section 4 Spill Detection and On -Scene Spill Mitigation Procedures a) Spill/Release Detection: Spills will be determined through visual means during active construction. Additional spills or releases will be discovered through routine maintenance, line surveys, and through DCP's automated pipeline monitoring systems. b) Spill/Release Response Personnel: If a spill is discovered, DCP will implement the following steps for spills or release of any liquids. Liquid Spill/Release Procedure Initial Response Steps 1. Report the release to Facility Operator. 2. Sound the facility alarm. 3. Evacuate non -essential personnel from the immediate area to the designated assembly area. 4. Account for personnel. S. Engage emergency shutdown systems and/or manually isolate release from a safe distance, if necessary. 6. Establish a secure perimeter around the area to prevent unauthorized entry. L 7. Notify Facility Supervisor and make other internal notifications as appropriate. 8. Confirm the following data: • Location of release Time of occurrence or discovery • Injuries or fatalities, if any • Cause of release • Amount and type of material released • Present location and path of release • Weather conditions (Current and Forecast) Potential containment actions 9. Assess the threat to the public and notify public officials as appropriate. r- 10. Initiate site security plan, including vessel movement on navigable waterways. 11. Initiate source control and containment activities. Land 1. Block storm drains, close culvert valves 2. Construct containment/diversion berms 3. Use trenches and dikes as appropriate Water 4. Deploy boom and use skimmers, if possible, to minimize extent of spill and protect the shorelines 5. Track spill movement Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project Liquid Spill/Release Procedure Initial Response Steps 12. Dispatch response contractors. 13. Develop and implement plan of action. 14. Consider need for additional/specialized company resources (i.e., industrial hygiene, security, public relations). 15. Make appropriate government agency notifications. Post -Incident Activities . Establish safe areas based on air monitoring data. 2. Establish site safety procedures and communicate to site workers. 3. Contact Environmental Representative for disposal options. 4. Conduct post -emergency activities. c) Spill/Release Response Equipment: Spill response materials, such as absorbent materials, shovels, booms and earth moving equipment are maintained at the site to control and contain releases during construction. Additional equipment available to emergency response personnel include Fire Extinguisher Gas O&M Manual Combustible Atmosphere Monitor 3 Way Monitor Communication Device (establish incident command post) Maps Barricade Tape Absorbent Pads or Booms Additional equipment, such as vacuum trucks, would be provided by third party contractors. Contact information for the contractors and other DCP response personnel will be provided by the DCP facility supervisor and/or the environmental and safety leads for the project. Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project Section 5: Response Activities The Company's emergency response and resource management approach is based on the concept described below. Incidents are routinely handled by local personnel and resources. The DCP Facility Operator is the initial DCP Incident Commander (IC) and will assign responsibilities based on personnel availability and operational necessity. Any fire district/department personnel, if called to the scene, will assume the role of IC for the incident. First responders will be the IC an all incidents they respond to. The DCP IC will work within unified command with fire district first responders. Once on -site, the Facility Supervisor will assume the role of DCP IC. This level of response may require evacuation of DCP personnel, personnel accountability, and establishment of site security. Only fire departments and law enforcement agencies can issue public evacuation orders. If an incident, because of its magnitude, duration, public interest, or financial exposure exceeds the capability of the facility management team, additional Company and outside resources may be activated to support response activities. The IC is typically the Facility Supervisor or the next level of supervision. Immediate notification will be made up to the Division Operation Vice President. If the emergency, because of its magnitude, duration, public interest, or financial exposure exceeds the capability of the Region/Division management team, corporate incident support resources will be activated to supplement the response effort. These corporate resources may include elements of the Corporate Crisis Management Team. An area's ability to manage an incident is dependent on many factors including the incident's size, complexity, duration and location, as well as government involvement, media attention, financial exposure, and the facility management's own capabilities. Emergency response activities by operating personnel are typically summoned in stages. General procedures are described below: DCP personnel discovers the incident and notifies the Facility Operator. Additionally, the DCP employee may call 911 and evacuate non -essential personnel, as necessary. Facility Operator notifies the Facility Supervisor. The Facility Supervisor, then assumes role of qualified individual/incident commander (IC), joins unified command, and determines whether additional resources are required. IC establishes a Command Post. IC summons necessary emergency response personnel, informing Asset, Region and Division Management. IC briefs company personnel and emergency responders upon arrival at Command Post. IC continues to assess staffing needs. IC summons additional resources, if needed. IC releases personnel and resources that are not needed. Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project a) Responsibilities and Actions to be taken by DCP employee All DCP field employees will be trained to the OSHA 29 CFR 1910.120 awareness level. The first DCP employee to discover a spill or other emergency is the first responder, and temporarily assumes all duties of the DCP Incident Commander until relieved by one of the trained Incident Commanders. If emergency services/fire district personnel are called to the site, they will be the incident commanders with DCP providing support as part of a Unified Command Team. b) Incident Commander Responsibilities and Authority All DCP Supervisors and Asset Directors/Managers shall receive sufficient training and have experience necessary to manage incidents, and act as the DCP Incident Commanders (IC). The IC has overall responsibilities for implementing the Emergency Action Plan and for protecting DCP interests. Any DCP IC has the full authority to notify contractors and commit resources to respond to an emergency incident. Additionally, the IC will serve as DCP coordinator for all communications with first responders. Emergency responders or fire district personnel will be the IC an all incidents they respond to. The DCP IC will work within unified command with first responders. c) Spill response organizations The IC will have the authority to bring on contractors to respond to any emergency response, when required. The specific contractor and resources needed to for the response will vary by the magnitude of the incident and location. Commonly used contractors used by DCP in Weld County include: • Burnt Mountain Energy Services: 720-299-4201 • Black Eagle: 970-532-0600 • Tasman Geosciences: 303-487-1228 • 1888 Industrial Services: 970-834-1817 Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project Section 6. Training Procedures Training is based on the duties and functions to be performed by each responder. Employees who participate in emergency response will be trained in accordance with the following criteria, per OSHA 1910.120 Hazardous Waste Operations and Emergency Response Standard (HAZWOPER), as assigned, and will receive the training prior to participation in an emergency response. All personnel involved in the day-to-day plant or pipeline operations and equipment maintenance will be trained to the DCP First Responder Operations Level. Selected supervisory personnel will be trained as an On -Scene Incident Commander. This training and associated titles apply to DCP decision making only. Emergency and/or fire district personnel will serve as the Incident Commander for any event they respond to. All trainers shall have completed a training course for teaching the subject matter or have the training and/or academic credentials necessary to teach the subject matter. DCP First Responder Awareness Level This individual, upon witnessing or discovering a hazardous material release, will be trained to initiate an emergency response sequence by notifying his/her immediate supervisor of the release. This level of training should ensure that the employee can: Understand what hazardous materials are and their associated risk; Understand the potential of the emergency; Be able to recognize the presence of hazardous materials; Be able to identify the hazardous material; Understand the role of the First Responder Awareness Level; Know how to use the U.S. Department of Transportation's Emergency Response Guidebook; and be able to recognize the need for additional resources. DCP First Responder Operations Level This individual will respond to a release or potential release of a hazardous material in order to protect nearby persons, property, or the environment from the effects of the release. This individual is to respond in a defensive fashion and to attempt to contain or control the release from a safe distance. DCP First Responders at the operations level must have been trained in the specifics listed above and eight hours initial or proven experiences in specific competencies which include: • Basic knowledge of hazard and risk assessment techniques; • Selection and use of proper personal protective equipment; • Basic hazardous materials terms; Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project • Performing basic control and containment of the release without exceeding the limitations of the personal protective equipment available; • Implementing basic decontamination procedures; and • Standard operating procedures and termination procedures. Hazardous Materials Technician Hazardous Materials Technicians are individuals who respond to releases for the purpose of stopping the release. They will assume a more aggressive role in that they will approach the point of release to plug, patch or otherwise stop the release of a hazardous material. These technicians will receive 24 hours of training, including the DCP First Responder Operations Level training and, in addition, be competent in the following areas: Implementing the employer's emergency response plan; Identifying and verifying known and unknown material with field survey instruments; Functioning in the Incident Command System; Selecting and using the proper personal protective equipment; Understanding hazard and risk assessment techniques; Being able to perform advance control and containment of a hazardous substance release, within the limits of available resources and personal protective equipment; Understanding and implementing decontamination procedures; and Understanding basic chemical and toxicological terminology and behavior. On -Scene Incident Commander Incident Commanders, who will assume control of the incident scene beyond the DCP first responder level, will receive at least 24 hours of training including the DCP First Responder Operations Level training and, in addition, understand the following: Know and be able to implement the employer's incident command system; Know how to implement the employer's emergency response plan; Know and understand risk associated with employees working in chemical personal protective clothing; Know how to implement the local emergency response plan; Be familiar with the state and federal emergency response programs; and know and understand the importance of decontamination procedures. Skilled Support Personnel Skilled Support Personnel, such as operators of digging equipment, crane or hoisting equipment and other personnel, are not required to meet the training required of other personnel involved in the emergency response. However, these personnel shall be given an initial briefing at the site prior to any emergency response. Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project The initial briefing will include: • Instruction in the proper use of necessary personal protective equipment; • What chemicals are involved; • What duties are to be performed; and • Any other information that would be appropriate to confirm the safety and health of these personnel. Emergency Drills Each Asset should make every attempt to conduct at least one Full Scale Drill per year. The drill shall simulate an emergency situation of enough significance to warrant Corporate and public emergency response notification. Assets shall attempt to involve public emergency responders in the planning and participation phase of the drill. Company personnel shall simulate the drill to its fullest practical extent, including sounding alarms, calling emergency numbers, donning PPE, operation fire pumps, identifying isolation valves, etc. Documentation of Full -Scale Drills including recommendations for improvement shall be maintained. Simulated Drills shall be conducted annually and require full participation of personnel assigned to the involved facility. In-house emergency response shall be performed as appropriate for the simulated emergency, including telephone notification of management, verification of emergency responder telephone numbers, roadblocks, first aid, etc. Documentation of Simulated Drills including recommendations for improvement shall be maintained. The completion of a Full -Scale Drill will meet the requirements for conducting a Simulated Drill for the involved facility. Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project Section 7: Response Plan Review and Update Procedures a) Multi -year plan review and update DCP will review the procedures and contacts listed in this plan every five years and/or after any emergency response. Employee or contractor contact information will be updated as needed. Revision dates will be listed on the front cover of this plan. b) Post incident plan review and update DCP will conduct a full review of this plan and the procedures implemented after any spill, release, or other emergency activity. The plan will be updated to reflect any updated response techniques, lessons learned, and contact information. Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project Section 8: Maps and Drawings Date updated: 6/15/2023 Chalk -Seeley -K2 -Whitney Pipeline Project Attachment 1: DCP Midstream Weld Asset Contacts Date updated: 6/15/2023 DCP MIDSTREAM WELD ASSET CONTACTS Emergency Response Plan Mike Smith Construction lead 970-324-4327 Nick Hagenlock ROW lead 303-829-4837 Branden Hayes Environmental Support 970-373-8905 Ivan Ansel Weld Field Supervisor 970-539-1806 Gordon Alexander Weld Field Supervisor 970-302-7144 On -Call Weld Supervisor 970-371-7627 Jason Hurley Boosters Supervisor (North) 970-397-4776 Jaton Schell Booster Supervisor (South) 970-590-1657 Craig Pralle Area Manager 970-539-1779 ICC 720-471-9715 Ashleigh Holloway Safety & PSM Manager 970-381-7527 Lance Thomasson Director, Environmental - North Business Unit 303-301-4446 Michael Pavlak DOT Pipeline Compliance 970-397-0732 Tommy Wolohon Reliability Manager 970-619-0040 Eric Edens Maintenance Manager 970-539-0803 Stephen Casady Corrosion Tech 303-913-2532 Kenneth Christensen Corrosion Tech 970-473-5868 Alex Hodson Lucerne I & II Plant Supervisor 970-301-2015 Jeff Little Mewbourn Plant Supervisor 719-349-1315 Willi Blair O'Connor Plant Supervisor 970-451-1381 Stephanie Brunk Roggen Plant Supervisor 720-556-3500 Jeffrey Eubank Platteville/Greeley Plant Supervisor 970-539-1882 Zach Prociv Spindle Plant Supervisor 970-415-2036 Houston Control Center — 888-204-1781 (All Emergencies) Houston Control Center — 800-435-1679 (Hazardous Liquid) Hello