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Home My WebLink About20183603.tiffPrint Name USE BY SPECIAL REVIEW (USR) APPLICATION DEPARTMENT OF PLANNING SERVICES f. 1555 N. 17'" AVENUE * GREELEY, CO 80331 ► nr'.weldgov,corn * 970-400i-6100 * FAX 970-304-6498 FOR PLANNING DEPARTMENT USE AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE if ASSIGNED: PLANNER ASSIGNED: Parcel Number': Address of site: - Pipeline - Various, see map and narrative Legal Description: Pipeline - Various, see map and narrative CA 1.2 digit number on Tax ID. information,, obtainable at urw .weldgov_com).. Section: Township: N Range: Zone District.: Acreage: Floodplain: eoingical Hazard: Y Airport Overlay: YON FEE OWNER(S) OF THE PROPERTY: N ame: Pipeline -Various, see narrative materials Company: P hone #: S treet Address: City/State/Zip Code: Name: Email: Company: P hone : Street Address: Email: City/State/Zap Code: Name: Authorized Agent: Anne Best Johnson Company: Tetra Tech Phone #: 720-204-0173 Email: Ain:e.Johnson _ tetrateoh.corn Street Address: 1560 Broadway, Suite 1400 City/State/Zip Code: Denver, CO80202 APPL CANT OR AUTHORIZED AGENT: (See below: Authorization must accompany a!! applications signed by Authorized Agents Name: Kevin Bailey, COO Company: NWC, LILO Phone: Email: Street Address: 5956 Sherry Lane, Suite 825 City/State/Zips Code: Dallas, Texas 75225 PROPOSED USE: Natural Gas and Derivatives Pipelines (2) not to exceed 2C" in diameter. 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 included indicating that the signatory has to legal. authority to sign for the ➢ orporation. 4,67-7) te- Signature: Owner or Au toy\ ouley died Agent Date Signature: Owner or Authorized Agent Date Print Name Rev 4/2016 DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT CF PUBLIC HEALTH AND EN IRONN MENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES I (we) Kevin Bailey 1 give permission to Anne Best Johnson (Owner - please print) (Applicant/Agent — please print) to apply for any Planning f L_aildi,rig or -=1 at: NWC Pierce Trunk Pipeline, various locations, see map ealth Department permits or services on our behalf, for the property located ping materials Legal Description of Section _ , Township N, Range Subdivision Name: Lot Block Property Owners Information: Phone: See "Parcels Crossed is Applicant/Agent Contact Information: 720-204-0173 hone: 720-2401 7 Anfle.JOhflSOfl@tetratE*Ch.00fl1 °correspondence sent to: Owner Applicant/Agent Both Err��il to be -- Postal service correspondence to be sent to: (choose only one) Owner Applicant/Agent Additional Info: Owner Signature:ka'\ 'c;c1;keii Date: 5 /3 citigi Owner Signature: Date: May 29, 2018 Mr. Kim Ogle Weld County Planning 1555 North 17th Avenue Greeley, CO 80631 RE: Designation of Authorized Agent Dear Mr. Ogle, NWC Development, LLC authorizes Anne Best Johnson to be the designated point of contract for communications from the County regarding the USR, Flood Hazard Development Permit and Road Crossing Permits for the Pierce Trunk Pipeline. Mike Saxton, Ryder Reddick and other representatives from Tetra Tech are also authorized to request information on behalf of NC, LLC. Sincerely, Kevin Bailey, Chief Operating Officer NWC, LLC NWC Development, LLC Pierce Trunk & Raindance Lateral Pipelines USR Summary Statement This Summary Statement has been prepared in accordance with Sections 23-2-500, 23-2-510 and 23-2-520 of the Weld County Code. In addition, requested materials listed in the Pre -Application Meeting notes from May 11, 2018 have been included. In the event the LAP Process is available for this application vs. the USR, the applicant is requesting to withdraw the USR Application and commence with this material through the LAP Process. Responses to requirements listed in Section 23-2-510 are listed below: A. The applicant's name and telephone number. Response: Refer to the application form provided with the submittal materials. B. Address of the applicant and general OFFICE Response: Refer to the application form provided with the submittal materials. C. Summary Statement of the project, to include when applicable: a. Source, capacity, size, destination and type of facilities, support STRUCTURES, lines, etc., involved. Response: The proposed N W C Development, LLC Pierce Trunk and Raindance Lateral Pipelines will be sized according to demand but will not exceed 20 -inches in size. The Pipelines will traverse approximately 30 miles and terminate at the proposed REP Natural Gas Processing Facility located in the northwestern quarter of Section 21, Township 8N, Range 66W in the Town of Pierce. This is the first submittal to Weld County for the pipeline network. There will be additional gathering lines and there may be additional large -diameter pipelines to be permitted as part of this overall system. There will be additional lines that tie into this system but those do not meet the requirement for a USR. The final destination for the raw products will be to the gas plant proposed in the Town of Pierce. Once processed, the products will be delivered to the downstream market. The REP Natural Gas Processing Facility is currently under review for Annexation, Change of Zone and a Special Use Permit in the Town of Pierce. The facility is proposed to be located approximately 1/ mile north of weld County Road 90 and east of and adjacent to Weld County Road 29. A compressor station is envisioned along the route. The final location is under review and it is i derstood that a separate Use by Special Review Permit may be required. The proposed NWC Pierce Lateral Trunk Pipeline includes two carbon steel pipelines that will transport natural gas and petroleum product derivatives to the delivery point proposed for annexation to the Town of Pierce. The pipeline itself will have a wall thickness of at least 0.188 inches. There will be locations where the wall thickness or the increase in hoop strength will be implemented. The pipeline will be coated with fusion -bonded epoxy (FBE) and will have the maximum operating pressure will be 740 psig south of the compression station and 1440 psig north of the compressor station. This is what the pipe will be tested at, however, the actual intended pressure will be lower. The pipelines will be rated at a higher pressure for safety. The flow measurement will be monitored by a Supervisory Control and Data Acquisition (SCADA) system to be headquartered at the 1 Pierce facility. The pipeline will undergo a series of testing prior to being in-service, including hydrostatic testing. Construction commencement is anticipated to be Fall, 2018 and last through Spring, 2019. The pipeline easements are negotiated between private land owners and NWC. The construction casement is approximately 75 -feet wide and will accommodate construction and reclamation activities. The permanent easement i.s approximately 30 -feet wide. At this time, 43.59% of the required easements arc finalized and the other 56.41% of the required easements are in negotiations. Pipeline depth requirements are currently in development with Weld County PublicWorks for road crossings. When the pipeline is on private property it is known that the minimum depth of burial will be at least 36" to cover the top of pipe which is a DOT requirement. The Pipeline does traverse designated floodplains. Flood Hazard Development Permits are included with application materials for concurrent review. The Pipeline does cross Weld County roads and rights -of -way. Crossing and Access Permits will be submitted shortly after the USR and Flood Hazard Development Review Permit submittal. Because recent reviews have taken more than 60 days, NWC respectfully requests that the submitted permits be reviewed concurrently for efficiency. The Pipeline does cross into Windsor and Severance. Separate permitting processes will be followed for these jurisdictions. b. A detailed report shall be submitted which includes information on the following items: i. A description of the PIPELINE - NATURAL GAS and PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE DOMESTIC WATER. Response: The product to be transported in the proposed pipeline include natural gas and condensate. The proposed NWC Pierce Lateral Trunk Pipeline includes two carbon steel pipelines that will have a wall thickness of at least 0.118 inches. There will be locations where the wall thickness or the increase in hoop strength will be implemented. ii. A description of the preferred route or site and reasons for its selection. Response: The proposed route crosses private/fee lands by means of right-of-way acquired by NWC. The majority of the route crosses private/fee lands, and therefore has resulted in the route sometimes being dictated by each individual land owner(s). Final route selection and optimization was influenced by the ability to negotiate with, develop mutual consensus between, and the execution of agreements with property owners to obtain the needed right-of-way. Several alternative routes were considered during the preliminary alignment determination phase. The proposed route was developed and modified many times through working with the property owners. The route proposed represents the best placement as determined with the property owners and minimizes impacts due to pipeline construction. 2 The map below illustrates the parcels crossed by the proposed pipeline(s) P OPDSED FIPELI"1E.MXD - RYDER.RCDDICK PierceTrunk!Rairtdance Lateral Pipeline Route HIGHWAYS MAJOR ROADS LOCAL ROADS Pipline Route Parcels ce J ST, HWY_14.1 _ WINDSOR 1 I. cc CR 90 CR 88 CR 80 lornmassm NEW LIBERTY RD CROSSROADS fbai BLVD i Cr NWC UL'y LWritoYIT. TETRA TECH www.ta Ira fa c h corn 19J0 5.8u nset %vet. t. Sts. 1-C t anprnont Cc'orada.50501 PiHCN' 130.'.1 77? -5202 lax: 13;131772-7039 th 0 SEVERANCE STtHWY•34 BUS NNC DEVELOPMENT LLC USE dY SPECIAL REVIEW WELL) COJN FY COLORADO PARCELS CROSSED BY PROPOSED PIERCETRUNK 1 RAINDANCE PIPELINE wrgcctNc;, 1Ou-tussiti-iNM1 Date: MAY 1 2018 Dacignc-ri By: RJR F rJ Ln %J I 3 The map attached illustrates the proposed pipeline(s) road right -of way crossing points w rj r• Legend ROAD ROW CROSSING POINTS Jurisdiction S S Severance Unincorpo-ated Weld County 'Nimaser cow Pierce Tru,4dRaind.ance Lateral Pipelire Route HIGHWAYS• I11,JOR ROADS LOYAL C cc z P C L St HWY, 257 CR90 C R 88 ST. HWY-14 01 22 23 21 20 CR86 pp 19 C R 84" 17 718 cc 0 I — 1► CR78 0 PIERCE 16 C R BO -S (NI f C co co cx C 14 CR76 13 SEVERANCE ce)rwlir1 cc 0 ST. HWY• 392 —J F WINDSOR r` 1 CR62 L 2 2 11 8 It rte, EASTMAN N PARK DR In _NEW >- LIBERTY RD • 3 yr- 1 NWC DEVELOP ,r4AF_{ Ir 1 HQU S an ceTNr ef, tire., l -I" _,mgmont. camaco auau1 FF13h1F (3[3)777--5PN'e FAk'(3J3) 7T; -1o35 1 i CR 64.5 CR 72 CR-70 0 CR-74 en O w (GREELEY II� i ST. HWY 34 BUS 0 I 2 ,Jwc DE'ELOPPJENT. ILC USE DV t (DIAL RCVICW WELD CDUN1Y, COLORADO PIPELINE ROUTE PUBLIC ROAD RIGHT OF WAY CROSSINGS P-oject Na 211-1?ES18.1817u1 flare- P/71.1,11I l n fl sianei BY R R I 4 Table 1: NWC Pierce Trunk Pipeline(s) Easement and Crossing List This Table corresponds to the map found on the previous page. NWC Pierce Trunk Pipeline(s) Road Right -Of -Way Crossing List Map Key # Road Name Road Classification Jurisdiction 1 New Liberty Road Local Town of Windsor 2 County Road 15 Local Town of Windsor 3 County Road 62 Arterial Town of Windsor 4 CR 17 Arterial Town of Windsor 5 State Highway 257 State Highway CDOT 6 Great Western Drive Local Town of Windsor 7 Eastman Park Drive Collector Town of Windsor 8 County Road 23 Collector Weld. County 9 State Highway 392 State Highway CDOT 10 County Road 23 Collector Town of Severance 11 County Road 70 Local Weld. County 12 County Road 72 & County Road 25 Intersection Local Weld County 13 County Road 74 Arterial Town of Severance 14 County Road 76 Local Weld County 15 County Road 78 Local Weld County 16 County Road 80 Local Weld County 17 State Highway 14 State Highway CDOT 18 County Road 27 Local Weld County. 19 County Road. 84 Local Weld County 20 County Road 86 Local Weld County 21 County Road 88 Local Weld County 22 County Road 90 Local Weld County 23 County Road 29 Arterial Weld County Tablet: Pierce Trunk Pipeline(s) Easement List This Table corresponds to the map found on page 3. NSW Pierce Trunk Pipeline(s) Parcel Crossing Easement List Parcel Number Property Owner Easement Info Reception # 070731300060 7N LLC Still Needed 095704100010 7N LLC Still Needed 070730200012 ANDERSON LORENE B Still Needed 080712000028 BARTMANN SHERYL L Still Needed 070730200017 BEARS INVESTMENTS LLC Signed Easement Option Recorded 4397850 070730300077 BIERWIRTH JOHN D Still Needed 070705200057 BOOMER HOUSE LLC Signed Easement Option Recorded 4389686 080726104001 BROE LAND ACQUISITIONS 10 LLC Still Needed 080723402001 BROE LAND ACQUISITIONS II LLC Still Needed 080726107001 BROE LAND ACQUISITIONS II LLC Still Needed Parcel Number Property Owner Easement Info Reception # 080726107002 BROE LAND ACQUISITIONS II LLC Still Needed 080726200012 BROE LAND ACQUISITIONS II LLC Still Needed 080735104005 BROE LAND ACQUISITIONS II LLC Still Needed 080735300005 BROE LAND ACQUISITIONS II LLC Still Needed 080735300006 BROE LAND ACQUISITIONS II LLC Still Needed 080723100020 COLORADO DEPT OF TRANSPORTATION Still Needed 070705100056 DAVIS ADAM JAMES Still Needed 080506200005 DEVCO INVESTORS LLC Signed Easement Option Recorded 4410441 080506300003 DEVCO INVESTORS LLC Signed Easement Option Recorded 4410441 080506300004 DEVCO INVESTORS LLC Signed Easement Option Recorded 4410441 080506300006 DEVCO INVESTORS LLC Signed Easement Option Recorded 4410441 070718000020 DOW ROY C. JR Signed Easement Option Recorded 4389723 070707100004 DRAKE DAVE Signed Easement Option in Place 070718000007 DRAKE FAMILY PARTNERSHIP LLLP Signed Easement Option Recorded 4376139 055332100019 FAITH TABERNACLE CHURCH INC Signed Easement Option Recorded 4367301 055332000038 FAITH TABERNACLE CHURCH INC Signed Easement Option Recorded 4367301 080712400036 FLOCKHART ROBERT B. Still Needed 070705000038 FREEMAN MICHAEL K. & JANINE L. Signed Easement Option Recorded 4379017 070731300061 GREAT WESTERN TRAIL AUTHORITY Still Needed 080723000053 HCW INVESTMENTS LLC Signed Easement Option Recorded 4410753 070731200067 HESTER FARMS INC Signed Easement Option in Place 070731300062 HESTER FARMS INC Signed Easement Option in Place 080712000005 KEGERREIS ROGER L. & VIRGINIA L. 50% INT Still Needed 080712100003 KEGERREIS ROGER L. & VIRGINIA L. 50% INT Still Needed 080732300002 KESSLER DENNIS E. Signed Easement Option in Place 070719400011 KIEFER TRAVIS & STACIE Signed Easement Option Recorded 4386805 070719000019 LIND LAND HOLDINGS INC Signed Easement Option Recorded 4397435 080713000014 LK FARM LLC Signed Easement Option in Place 070708200017 NCL INVESTMENTS LLC Still Investments/ Needed closing (Will Early be July) Coalbank 055321000003 NWC DEVELOPMENT LLC NWC Parcel Development in Early July LLC to Purchase 080723100002 OWENS WILLARD G. Signed Easement Option in Place 080730102012 RAINDANCE AQUATIC INVESTMENTS LLC Still Needed 080731135001 RAIN DANCE LAND COMPANY LLC Still Needed 080731403019 RAIN DANCE LAND COMPANY LLC Still Needed 080731412012 RAINDANCE LAND COMPANY LLC Still Needed 080507000028 SCHAEFER HENRY FARM LLC Still Needed 095704000006 SCHMERGE TOM Signed Easement Option in Place 095704000031 SCHMERGE TOM Signed Easement Option in Place 070719000006 SCHMUNK GARY EUGENE Signed Easement Option Recorded 4394371 095703000018 SHUR VIEW LTD PARTNERSHIP Signed Easement Option in Place Parcel Number Property Owner Easement Info Reception # 055320400001 SMITH DARELL F Signed Easement Option Recorded 4389533 080714400011 STATE OF COLORADO Still Needed 080713000010 STROMBERGER BERG ER DAVID LEONARD Still Needed 055329000011 THOMPSON MYRNA FAYE (1/2 INT) Signed Easement Option in Place 095705400003 THORNTON FARMS PARTNERSHIP Still Needed 080723100022 TREGONING NG SHIRLEY E LIVING TRUST Signed Easement Easement Option for Burr & Pipeline 095705000031 TROLLCO INC Still Needed 095705300006 TROLLCO INC Still Needed 080713400018 TWENTY-FIVE FARM LLC Signed Easement in Place 080732300010 VIMA PARTNERS LLC Still Needed 095704204003 VIMA PARTNERS LLC Still Needed 095704300042 VIMA PARTNERS LLC Still Needed 095704302042 VIMA PARTNERS LLC Still Needed 070707000009 WASTE MANAGEMENT CORP Still Needed 095704302021 WATTS JOSEPH G Signed Easement Option Recorded 4397830 080723400001 WELD COUNTY Still Needed 080712000005 WHITE DANIEL L & MARY E. 50% INT Still Needed 080712100003 WHITE DANIEL L & MARY E. 50% INT Still Needed 080714400042 WINDSOR LV LLC Signed Easement in Place 080714400043 WINDSOR LV LLC Signed Easement in Place 080714400044 WINDSOR LV LLC Signed Easement in Place 080726200026 WINDSOR RENEWAL I LLC Still Needed 080726300024 WINDSOR RENEWAL I LLC Still Needed. 080726300025 WINDSOR RENEWAL I LLC Still Needed 080731102013 WINDSOR TOWN OF Still Needed 095705100001 WINDSOR TOWN OF Still Needed c Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites. Response: Field and desktop research, coupled with participation of private property owners identified routing alternatives and the final proposed route. The following environmental mitigation steps were deployed to develop the route this is proposed for consideration through this USR Process. An Environmental Mitigation Memo is included with application materials. The selected route was deemed to be the most direct and NWC worked with property owners for placement. Temporary and permanent access points have been planned. Access permits and crossing permits have been included with application materials and were selected to be areas with adequate visibility. Tracking control will be deployed to keep mud and debris off the County and State road networks. NWC has worked with property owners to locate their accesses within existing accesses that are equipped with adequate turning depth off the County Roads. Any appurtenant facilities such as valves and launchers/`receivers will be located outside of County right-of-way to allow safe access for maintenance and filed personnel. A drainage narrative accompani es this application submittal. Grading, erosion, and sediment control plans and details will be included in the design p1 i s for the pipeline. A construction Stormwater Management Plan will be developed with a Notice of Intent filed with the State of Colorado, Department of Public Health and Environment. Dust mitigation will be conducted by watering the disturbed area several times a day during construction with a watering truck, using water purchased from the local water district. Revegetation of disturbed areas will occur following placement of the pipe. The surface will be graded to minimize erosion and then replanted with the vegetation that existed prior to pipeline construction. Rcvegetation will be required for grassland and fallow land using native seed mixes specified by the local soil conservation service. Cultivated land will be graded to minimize erosion and then planted by the landowner for the next growing season. d. An outline of the planned construction, including startup and commissioning schedule, to include the number of stages and timing of each. Response: The entire pipeline will be constructed at the same time. There will be one phase of this development. e. Information of any public meeting conducted, to inc Jude the location, date, time, attendance and method of advertising. Response: The pipelines will be constructed within easements obtained by working with individual landowners. A series of maps illustrating property ownership within 150 feet from either side of the pipeline centerline is included with application materials. The mailing provided to property owners within this area, along with the mailing list, is included along with the mailing list. A description of the hazards, if any, of fire, explosion and other dangers to the health. safety and welfare of employees and the general PUBLIC. Response: Risks from accidents is possible. Transportation of natural gas and derivatives through underground pipeline is viewed more safe that other means of transportation such as trucking and railroads. The risks associated with natural gas and condensate pipelines are mitigated by the following protective measures: • Locating the pipelines, where feasible, away from heavily populated areas and sensitive areas such as schools and hospitals. • Classifying pipeline segments according to federal regulations in accordance with proximity to populated areas, schools, and hospitals and upgrading Factors of Safety associated with the pipeline strength and wall thickness with respect to pip el i e volume and allowable pressures. • Burying pipelines to appropriate depths and using adequate engineering and construction principals to prevent geological damage to the lines. • Engineering valves and shut-off controls required to depressurize the pipeline when required for emergency situations. • Identifying pipeline routes with appropriate warning markers. • At locations where the proposed pipeline will cross existing pipelines (including County and public utility infrastructure), the existing pipeline owners will be contacted 8 and plans and construction details will be approved for each crossing. Timber mats arc typically used to protect existing pipelines at locations where the NWC construction vehicles cross over the infrastructure. • A rigorous One -Call Notification procedure is in place and is uniformly enforced with both in-house personnel and contracted construction crews. Additionally, sweeping of the ROW also occurs to identify any additional pipelines not identified with the 811 One Call Notification process. • The pipeline route design will be mapped and field -located by crews working under the direction of a Licensed Surveyor. Immediately prior to construction, the survey crews will stake out the pipeline centerline and easement boundaries based upon the approved and permitted construction drawings. • A system will be deployed to monitor pressures and flows 24-7-365. A description of emergency procedures to be followed in case of a reported failure or accident involving the proposed PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER. Such outline shall include actions, if any, required of PUBLIC officials, including fire and police officials, and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur. Response: NWC met with Weld County OEM Roy Rudisill on May 11. NWC also sent the same Surrounding Property Owner Notification to local Emergency responders where the pipeline is proposed prior to submitting the USR application. A specific Emergency Action Plan will be developed and Roy Rudisill will be consulted for final sign -off. 9 The map below illustrates the Fire District(s) contacted: *Mr J4 : Ir i 1 I S'e X41 u T =IPF0 fJ DMTPII � r L ~.ION i-II- L I -•-Le! _C CJN UIIHIC —I14F -'r:.ti,TFCfC.W rllcrnlcr r'r:a.. I F Y F I R F' P. oT F 7TI f'd 'AE::—=Ff.. -. F F = PRE:'C 4%I F-- •.c 'MiriL ;: K ;aL'.rLt�� r�i L HIlL VsJ I LIs •Uhl LII;.. I KIL; I • 'IJJL� -0t4!l4L'LCTPI4 I.1!.'I ::I l".:C4 I!1.`;II;1IL:I I I L 1 RA 1 LC I.7 ?ten`, LeisErli..z,do 'rte} r C..`Ir'A'Fi1 .. .. I. • .2.-■ II ir-' F III: I Me .{-' =1e— [._ r.._aI.°d rare: C Ott T- LC ..=11: -DC FIRE DISTRICT MAP -'•p : r. _ -UWL :r a r. AA. e, rF(1 •.A : r I 10 h. A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated agricultural land. Response: During negotiations with property owners, NWC considered placement of the pipeline casement where it made the most sense to the property owners. In addition, see the map below illustrating the pipeline route in comparison with the USDA Important Farmlands Map found below. a a I I I Ca rr rr u x EL IZ III LID C7 r l; 0; CL rn rn ❑ II rn 71 C, rr- C 7 r C-1 L r, J Cy CD J rr. tl LL rr f_l f� Qi iaz 'e! , U fr i Li, 0 f rl cs r} w rrrr a ry CO C r1 C" c2. Highways CountyBoundaries oun d a ries Prime (Irrigated) - Farmlands of National Importance lrrigaled Land (Not Prime) High Potential Dry cropland Prime If Irrigated Prime if Irrigated Other Land TETRA TECH µ ww, In Ir nioar-h rea m uvu S. 4 leer StN EL x a. 1 -la _C•u�l'IUt1 L I101dUU 7.0e4 Ft I0I- C. RCS) T7.2 MCC rh x.: sib:: 7r:. ro 3a 10TH ST NWC 'EVE LOPMENT, LIG U -SE BY ZFECIAL REVIEW WELD COUNTY. COLORADO IMPORTANT FARMLANDS OF WELD COUNTY CROSSED RV PROPOSED PIPELINE Proje.mt Nom.: 200-tg55116-16.7.01 5 113-1 65:u1 17-sinnr�i RF MAY 1Z, 2;P-& R-.IR figura NE. 1 11, A discussion of how the proposal conforms with the guidelines of Cha-Mcr 22 of this Code and any other applicable code provision or ordinance in effect. Response: The application materials for the proposed NWC Pierce Trunk Pipeline(s) are consistent with the intent of Chapter 22 Weld County Code and Comprehensive Plan. Details supporting this statement can be found in the following narrative: O.G. Goal 1. Promote the reasonable and orderly exploration and development of oil and gas mineral resources. The alignment is located in an area where there is already a significant amount of oil and gas development. By locating the pipeline in this area, N WC will be able to lower the overall impact of oil and gas develop i ent in the area by providing the safest, cleanest, and most efficient means of resource transportation. Pipelines remove trucks from county roads and allow for a more orderly development of oil and gas exploration in the area. O.G. Policy 1.1 The County should encourage cooperation, coordination and communication between the surface owner and the mineral owner/operations with respect to any developments of either the surface or the mineral estate. The route is surrounded by land uses primarily associated with the Agriculture Zone District. Land uses near the pipeline include existing oil and gas facilities including other pipelines, existing agricultural facilities, and a few existing residential properties. Residential properties surrounding the pipeline are sparsely distributed and consist mainly of large lot single family homes. Other than County roads, the pipeline will not travel through or underneath any significant structures. NWC will agree to an easement with each property owner that the pipeline crosses to ensure that the pipeline is compatible with the property owner's plans for their property. By agreeing to an easement with each landowner, NWC has committed to working with all landowners along the pipeline route to ensure that the pipeline will not adversely impact any property. O.G. Policy 2.1 Encourage oil- and gas -drilling activities to be coordinated with seasonal production schedules associated with agricultural activities. Promote and encourage the use of directional drilling to protect surface rights of agricultural lands and possible future land uses. NWC has worked with each landowner to minimize impact to agricultural land. The easement agreements stipulate that they will provide compensation for loss of production as a result of the pipeline installation. j. A Dccommissioniu Plan. Response: The pipeline will be designed to be safely used for hydrocarbon delivery for a projected lifetime of approximately 40 to 50 years. Corrosion of the pipeline will be regularly monitored during the life of the pipeline to ensure the thickness of the pipe is maintained at a level required to withstand pressures within the pipeline, with adequate Factors of Safety included. When the decision is made by the Owner that the pipeline must be taken out of service, the typical process is that the pipeline is cleaned of all hydrocarbons and repeatedly flushed to achieve a condition to minimize any off -gassing or leaking, then the terminations of the pipe segments are sealed shut. The pipeline is typically idled or abandoned in place, and well -marked to show where it is located. If the pipeline is idledand empty, all operations and maintenance activities under DOT Part 192 will continue. 12 Some pipelines achieve a productive secondary use if cleaned out and used as a conduit for other utilities, including fiber optic lines. Similarly, the segments of the pipeline crossing under existing county roads can be left in place and used for future utility crossings, thereby reducing the damage and inconvenience associated with those future crossings. For longer segments of abandoned steel pipeline in places where fiber optic lines are being installed, the pipeline has a residual value and may be sold to the telecommunications carrier. In cases where the piping at road crossings is left in place, the piping can be donated to the County and/or future utility(ies) s) to offset the costs and requirements of digging up and restoring the roads. k. A description of any haul routes during construction, identifying the roads and bridges involved and the weight of the loads. Response: A Traffic Narrative has been included with application materials. Haul routes are dictated by the particular portion of the pipeline under construction. NWC will most likely use Weld County Road 29 and 90 to State Highways 85 and 14 from the Pierce Facility to move pipe to the construction sites. Lay -down yards arc not an anticipated need. Lay -down yards will be located at the Pierce facility or at the future compressor station. Any access point will be constructed to County standards with respect to visibility, drainage, mud tracking, and safe egress without stopping on the County Roads to unlock any gates. The haul routes selected will be documented on maps that will be provided to Contractors and truck drivers to identify the best route to the intended destination with minimal disturbance to other road users, with maximum safety to both Contractors and the public, and with minimal damage to existing County infrastructure. 1. Any other information determined to be necessary by the Department of Planning Services or its authorized representative to ensure the protection of the health, safety and welfare of the inhabitants of the COUNTY. Response: The Pre -Application Meeting notes indicate the following items are to be described. Public Health Waste Handling Plan: Construction materials not utilized and those to be disposed will be returned to the Pierce Facility for property disposal. Wrappers and bottles generated from field crews will be taken away with the crew. Fuel Storage: There will be no fuel storage associated with this application. Potable water and sanitary sewage disposal: Bottled water will be provided for field and construction crews. Port -a -lets will be provided along the construction route. 13 Planning Proposed signage, lighting and parking: There will be no permanent signage, lighting or parking associated with the proposed pipeline application. If needed, portable lights will be used that are directed to the work area. Parking for crews will be mini .1 along the route in areas designated and approved by the property owners. I State Permits: The following permits arc required by the State of Colorado for the construction of the proposed pipelines. • Federal Agencies Environmental Protection Agency (EPA) Occupational Safety & Health Administration (OSHA) Pipeline and Hazardous Materials Safety Administration (PHMSA) o Federal Department of Transportation (DOT) o Threatened and Endangered Species evaluation • State Agencies o Colorado Department of Public Health and Environment (CDPHE) o Stormwater Management Plan o Land Use Permit for Air Quality c Cultural and Archaeological Clearances (SHPO and Museum of Natural History) • County Agenci e s o Department of Public Health and Environment o Weld County Public Works o Facility Action Plan o Flood Hazard. Development Permits Flood Hazard Development Permits: Flood Hazard Development Permits have either been submitted with application materials for concurrent review or will be submitted shortly after submittal for concurrent review. 14 NWC Development, LLC Pierce Trunk & Raindance Lateral Pipelines Drainage Narrative Following pipeline construction, the Right-of-way will be graded to match existing contours and will be seeded with improved or native grasses, or left fallow per the property owner's request. Drainage patterns will not be altered and a formal drainage report is not required. A Notice of intent with the State of Colorado for stormwater management will be filed with the State Department of Public Health and Environment by the applicant. Each contractor is responsible for managing discharge water and obtaining the necessary permits. TETRA TECH TECHNICAL MEMO To: Weld County From: Gene Coppola PE Date: May 29, 2018 Subject: Traffic Narrative for NWC Pipeline I am writing to address the traffic impacts of the proposed NWC Pipeline. Primary access will be provided at various locations along the construction haul route: CR 29 to the south onto CR 90. From CR 90, it can only be assumed the traffic will flow south on SH 85 to SH 14 and then onto various County Roads. This route is representative of both construction and permanent operations since a large majority of workers are expected to stay or live in Pierce or south of Pierce in communities such as Greeley. This route is consistent with the Town of Pierce haul routes within the Town Code as the facility is being proposed for Annexation and development within the Town of Pierce. Construction will last from 3-6 months with construction traffic peaking at 125 passenger vehicles and 6-8 trucks per day at the REP site. Permanent site traffic along the pipeline route is anticipated to be 1-2 passenger cars each week. Site traffic is expected to use CR 29 to go south to CR 90. At CR 90, virtually all vehicles are expected to travel east to U.S. 85 and then south to the Windsor/Severance areas for construction of the pipelines. Average daily traffic (ADT) on this route was provided by Weld County. With permanent operations, the combination of background traffic plus site traffic is as shown below. Recent Site Total Roadway CR29 CR 90 Section North of CR 90 East of CR 29 ADT 133 352 ADT 31 31 ADT 163 382 CR 29 is currently a gravel road between the proposed facility and CR 90. CR 90, east of CR 29 is presently paved. The County plans to pave CR 29 through this area in the short term. Given the anticipated future traffic levels, site traffic can be easily served by the existing roadway system. Consequently, no roadway improvements are needed with the proposed NWC Pipeline. Please contact me if you have any questions or need further assistance. rl TO: Anne Johnston, Senior Planner, Tetra Tech FROM: Robin Laine, Transect LLC RE: NWC Pipeline Weld County USR Permit Supplemental Information DATE: July 3, 2018 The purpose of this memorandum to provide summary information related to ongoing natural and cultural resources investigations to supplement the NWC Pipeline Weld County Use by Special Review (USR) Permit. This memorandum addresses following federal and state regulations: Clean Water Act (CWA) Section 404, the Endangered Species Act (ESA), the Migratory Bird Treaty Act (META), the Bald and Golden Eagle Protection Act, the National Historic Preservation Act (NHPA), and Colorado protected species. Field investigations and final reports for natural and cultural resources are still underway at the time of the USR permit application. A preliminary results summary is provided below. Clean Water Act Section 404 The U.S. Army Corps of Engineers (USACE) is the regulatory agency that authorizes impacts to waterways and wetlands that are jurisdictional under Section 404 of the Clean Water Act (CWA). Permitting or pre -construction authorization for impacts to waters of the U.S. may be required for a proposed project, depending on the amount of impact to waters of the U.S. and on the federal, state, and local regulatory requirements. An initial field assessment for waters of the U.S. was conducted by a qualified biologist from June 4-7, 2018 within a 150 -foot buffer (300 feet total) around the project centerline. Waters of the U.S. assessed included rivers, streams, lakes, ponds, and wetlands. The jurisdictional boundary of potential waters of the U.S. was determined in accordance with the USACE definition of ordinary high water mark (OHWM) and other USACE standard elements of tributary field expression. Wetlands were delineated using the accepted methodologies from the 1987 USACE Wetland Delineation Manual (Environmental Laboratory 1987). To date, 49 potential features have been assessed in the field: 24 were determined to be potentially jurisdictional under Section 404, 18 were determined to be likely non -jurisdictional due to isolation or lack of field expression, and at least six are outstanding due to access constraints. Of the 24 potentially jurisdictional waters, 10 waters are perennial, and the pipeline will be bored underneath the limits of these waterways. Five are intermittent or ephemeral herbaceous wetlands, portions of which may be temporarily impacted by the project but will be restored following construction. One is Roulard Lake; the lake is in the survey buffer but will be avoided by construction. Eight are intermittent or ephemeral linear waterways; the pipeline will be open - trenched through intermittent or ephemeral waterways unless otherwise required by the landowner or construction constraints. Transect LLC • 745 E Mulberry St, Suite 205, San Antonio, TX 78212 • www.transect.com Temporary and permanent impacts to waters of the U.S. as a result of the proposed project are authorized under USACE Nationwide Permit 12 for Utility Lines. For utility line activities that cross a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for the purposes of Nationwide Permit 12. As no single and complete pipeline crossing impacts more than 0.5 acre of waters of the U.S., an individual permit is not required and authorization under Nationwide Permit 12 is appropriate for the project. Additionally, no single and complete water crossing triggers any of the notification requirements listed in Nationwide Permit 12 or Colorado regional conditions (USACE 2017), so preconstruction notification to the USACE is not warranted. Construction will adhere to all general and regional permit conditions. Endangered Species Act The Endangered Species Act (ESA) prohibits "stake" (harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect) of listed endangered and threatened species for both public and private actions. A habitat assessment for federally -protected species was conducted June 4-7, 2018. Table 1 includes a summary of species that are listed by the USFWS as potentially occurring within Weld County, Colorado (USFWS 2018), along with their potential for occurrence within the project based on best available species information and field investigations. Table 1: Federally -protected species that may occur in Weld County, Colorado Species . Potential for Occurrence Description Mexican spotted Strix occidentalis Threatened owl lucida None Occurs canyonlands consistent in disjunct with (USFWS species isolated 2012). occupied forested The mountain project habitat. setting ranges and is not Preble's jumping Zapus Endangered meadow mouse hudsonius preblei Very Low likelihood Occurs highest the moderate of from would Cache the river U.S. occur in potential to for well Ia low, is Fish as -developed for PMJM Poudre River; and, PMJM populations very low. and Wildlife a result according The of plains the is at however, applicant Service project. riparian the to to be project's habitat USFWS present is that vegetation. seeking no intersection (2013), take quality in concurrence of the this PMJM The is section with Colorado plant Gaura coloradensis Threatened butterfly nearnexicana var. Very Low Typically meandering within occupied extant populations 1897) riparian the (USFWS found stream current habitat occurrences in vegetation Larimer in 2017). sub channels species along are at -irrigated, Cache range; the known County The Cache pipeline alluvial and there from are Ia Poudre riparian Ia extirpated the will soils are Poudre river. be River. adjacent areas. some River, Upstream p (last bored Project elements but observed underneath to no is not of in Ute Spiranthes Threatened ladies' -tresses diluvialis Low Found moist (USFWS the northwest There the consistent underneath Cache Cache to along wet are 1995). Ia of some Ia with the riparian riparian edges, meadows Nearest Poudre River project low -quality Poudre River, occupied vegetation along in known Larimer habitat. gravel near elements but perennial the at occurrence Claymore The County the bars, streams of vegetation pipeline Cache species old oxbows or is upstream Lake, over (FEMA habitat is generally will Ia Poudre lakes 2016). be and 20 bored on miles along not River. Atransect USFWS Information for Planning and Consultation (IPaC) (USFWS 2018) also lists western prairie fringed orchid Piatanthera praeclara), whooping crane (Grus americana), pallid sturgeon (Scaphirhynchus albus), least tern (sterna antillarum), and piping plover (Charadrius melodus) as species requiring project consideration in Weld County, Colorado. However, according to USFWS, these species need only be considered for water -related activities/use in the North Platte, South Platte, and Laramie River Basins that may affect these species in Nebraska, which does not apply to the proposed project. Migratory Bird Treaty Act The Migratory Bird Treaty Act (MBTA) makes it illegal for anyone to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird. The MBTA currently protects 1,027 migratory bird species. There is a historical and ongoing debate at the federal level as to whether or not incidental take (that is, take that results from an activity, but is not the purpose of that activity) is prohibited under the MBTA. In December 2017, the Department of the Interior released a memorandum on the MBTA which states that incidental take is not prohibited by the MBTA. Rather, the MBTA prohibits only actions that purposefully pursue, hunt, capture, kill, or attempt to kill migratory birds, their nests, or their eggs. However, the USFWS still recommends that project proponents that may have incidental effects on migratory birds voluntarily implement MBTA avoidance and minimization measures. Raptors Predominant land use intersected by the project is agricultural, which is generally low -quality raptor nesting habitat. However, intermittent higher quality nesting habitat occurs in riparian areas and hardwood tree stands. Clearing, grubbing, and early construction is proposed to begin outside of nesting season for raptors (January 15 to July 31) and continue through the first part of the nesting season; raptors are not expected choose nest sites adjacent to activities they find disturbing. By implementing seasonal avoidance measures, impacts to raptors are not expected to occur. If any raptors are identified nesting near the project, additional avoidance and minimization measures would be applied in accordance with Colorado Parks and Wildlife recommendations (CPW 2008a). Western Burrowing Owl Western burrowing owl (Athene cunicularia) (WEBO) is protected under the MBTA and Colorado state code. WEBO is known to nest in prairie dog towns in Colorado between March 15th and October 31st. Prairie dog towns are common in Weld County, and several are intersected by the project. Clearing, grubbing, and early construction is proposed to begin outside of nesting season for WEBO and continue through the first part of the 2019 nesting season; WEBO are not expected choose nest sites adjacent to activities they find disturbing. If WEBO are identified nesting near the project, additional avoidance and minimization measures would be applied, in accordance with Colorado Parks and Wildlife recommendations (CPW 2008a, 2008b). /(transect Bald Eagle Bald eagles (Haliaeetus leucocephalus) are protected under the MBTA and under the Bald and Golden Eagle Protection Act. The nesting season for bald eagle in Colorado is October 15 to July 31. According to Colorado Parks and Wildlife, active nests are known along the Cache Ia Poudre River approximately 0.5 mile north/west of the project, and over 1.5 mile east of the project (CPW 2017). Additionally, a bald eagle was noted soaring overhead during project habitat survey activities at the Cache Ia Poudre River. Project construction is not expected to affect the nest 1.5 miles east of the project. Regarding the nest 0.5 mile to the west, USFWS recommends a 660 - foot avoidance area (USFWS 2007), and Colorado Parks and Wildlife recommends a 0.25 -mile avoidance area (CPW 2008a). The project is outside of both avoidance buffers. Prior to construction, the applicant will confirm that there are no active eagle nests within 0.25 -mile of the project. If any active eagle nests are observed, additional avoidance and minimization measures would be applied. Cultural Resources The National Historic Preservation Act (NHPA) (1966) established a national policy for the protection of important historic buildings and archeological sites. Section 106 of the NHPA (54 U.S.C. § 306108) requires federal agencies, like the USACE, to consider the effects of actions they authorize, fund, or carry out on historic properties. Projects that trigger federal review, includingClean Water Act Section 404 permitting with the USACE, are subject to Section 106. No state lands are intersected by the project, so further discussion of state requirements is not warranted. A Class III cultural resource inventory for the project is underway at the time of this application. Included below is a summary of potential NRHP constraints intersected by the project, based on a file search at the Office of Archaeology and Historic Preservation (OAHP) for previously recorded sites and previously conducted inventories near and within the project. Any additional discoveries of sites that are potentially eligible for the NRHP made during the survey or during construction will be addressed in accordance with federal and state law. An archaeologist and/or paleontologist would be contacted in the event that human remains are discovered during project construction. Railroads, Ditches, and Linear Cultural Resources The project intersects various railroad lines, irrigation ditches/canals, and other linear cultural resources. In Colorado, and according to the Colorado State Historic Preservation Office (SHPO) for purposes of Section 106 of the NHPA, if an entire linear resource is not recorded, then by default the entire resource is considered to be eligible for listing in the NRHP. Because railroads and ditches typically retain sufficient historical integrity, the segments are treated as eligible resources and any alteration of the linear resource is likely to be viewed by SH P° as adverse. In order to avoid impacts to these resources, the pipeline will be bored underneath all potentially eligible railroads, ditches, and other surface linear cultural resources. Actransect References Colorado Parks and Wildlife. 2008a. Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors. Colorado Parks and Wildlife. 2008b. Recommended Survey Protocol and Actions to Protect U esting Burrowing Owls. Colorado Parks and Wildlife. 2017. Bald Eagle Nest Sites. Digital Data. Accessed 5/31/2018. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Federal Emergency Management Agency. 2016. Estimated Current Range of Lite Ladies -tresses Orchid (Spiranthes diluvialis). Environmental and Historic Preservation Region VIII. Digital Data. Accessed: 2017-07-25. U .S. Army Corps of Engineers. 2017. 2017 Regional Conditions to Nationwide Permits in the State of Colorado. Albuquerque, Omaha, and Sacramento Districts. 7 pp. U.S. Fish and Wildlife Service. 1995. Ute Ladies' Tresses (Spiranthes diluvialis) Agency Review Draft Recovery Plan. Ute Ladies' -Tresses Recovery Team for Region 6 U.S. Fish and Wildlife Service Denver, Colorado. U .S. Fish and Wildlife Service. 2004. Preble's Meadow Jumping Mouse (Zapus hudsonius preblei) Survey Guidelines - Revised April 2004. U .S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines. U .S. Fish and Wildlife Service. 2012. Mexican Spotted Owl Recovery Plan, First Revision. Mexican Spotted Owl Recovery Team, Region 2, Southwest Region U.S. Fish and Wildlife Service. Albuquerque, New Mexico. U .S. Fish and Wildlife Service. 2013. 12 -Month Finding on Two Petitions to Delist the Preble's Meadow Jumping Mouse. 78 FR 31679. U .S. Fish and Wildlife Service. 2017. Species Biological Report for Colorado Butterfly Plant. U .S. Fish and Wildlife Service. 2018. Information for Planning and Consultation Resources List. Accessed 6/25/2018. Actransect NWC, LLC Pierce Lateral Pipelines Notice to Landowners within 150 feet of the Pipeline(s) Centerline The NWC Pierce Lateral Pipeline route has been established with input from property owners and will be constructed within an existing pipeline corridor. NWC has notified all landowners within 150 feet of the proposed Use by Special Review application. A copy of the letter is included with this application package. June 27, 2018 Dear Neighbor, NWC is proposing two natural gas liquids pipelines in the northern Weld County area. You are receiving this notice as your property is within 150' of the centerline of tile proposed pipelines. The pipelines proposed will transport natural gas liquids to a natural gas processing facility that is proposed for annexation and development within the Town of Pierce NWC is a midstream oil and gas company comprised of seasoned professionals committed to safety, environmental stewardship, community and personal achievement. Our firm has more than 100 years' combined experience working in northern. Colorado and Weld County in particular. At NWC, we strive to be a trusted partner and are respected for our expertise, experience, and ability to collaborate. A natural gas pipeline FAQ sheet is attached to this letter. NWC will be working toward submitting the Weld County Use by Special Review permit application in the next few weeks. We would be more than happy to address any questions you or your family may have about this project. Please contact us at info@rimrockenergy.cor. Your input is very important to us throughout the entire project. Sincerely, Aittrzi, is#1,2 Kevin Bailey Chief Operating Officer Who is NWC Development? NINC Development is a subsidiary of Rimrock Energy Partners (REP) is a midstream oil and gas company comprised of seasoned professionals committed to safety, environmental stewardship, community and personal achievement. Our firm has more than 100 years' combined experience working in northern Colorado and Weld County in particular. At REP, we strive to be a trusted partner and are respected for our expertise, experience, and ability to collaborate. We believe our emphasis on site safety, employee quality of life, and environmental health is unparalleled and critical to our success. We are guided on every project that we undertake by our company values: Integrity, Opportunity, Innovation and Commitment to Excellence. What oil and gas activity is currently happening in Weld County? According to the Weld County Planning Department, there are 23,753 active oil and gas wells in Weld County as of January 2, 2018. Weld County produces the largest quantity of oil and natural gas in Colorado. lorado. It produces more than 90% of the state's oil and nearly 40% of the state's natural gas production. In 2017, 63% of the drilling permits issued in Colorado were issued in Weld County. This equates to 2,466 new permits for drilling wells in Weld County in 2017. Natural gas produced in Weld County can either be flared at the well head or requires processing to be used by industry. The NWC pipelines will lead to a facility proposed in the Town of Pierce. This facility will process natural gas into beneficial commodities from these wells, which substantially reduces the amount of natural gas that is flared at the well site. What safety measures be in placefor the pipeline? Safety is the most important aspect of pipeline operations. Our pipelines are engineered and designed to be safe for our employees, neighbors, and the environment. All personnel receive training and abide by guidelines that meet or exceed industry standards and regulations in order to prevent unsafe conditions. Can you address dust and air quality con cerrns ? A land use/air permit with the State of Colorado is required. June 27, 2018 Dear Fire Protection District, NWC is proposing two natural gas liquids pipelines in the northern Weld County area. You are receiving this notice as the proposed pipeline is within your Fire Protection District. The pipelines proposed will transport natural gas liquids to a natural gas processing facility that is proposed for annexation and development within the Town of Pierce NWC is a midstream oil and gas company comprised of seasoned professionals committed to safety, environmental stewardship, community and personal achievement. Our firm has more than 100 years' combined experience working in northern Colorado and Weld County in particular. At NWC, we strive to be a trusted partner and are respected for our expertise, experience, and ability to collaborate, A natural gas pipeline FAQ sheet is attached to this letter. NWC will be working toward submitting the Weld County Use by Special Review permit application in the next few weeks, We would be more than happy to address any questions you or your family may have about this project. Please contact us at info®rimroekenergy.cor. Your input is very important to us throughout the entire project, Sincerely, lle� R- 14 -C Kevin Bailey Chief Operating Officer Who is NWC Development? NINC Development is a subsidiary of Rimrock Energy Partners (REP) is a midstream oil and gas company comprised of seasoned professionals committed to safety, environmental stewardship, community and personal achievement. Our firm has more than 100 years' combined experience working in northern Colorado and Weld County in particular. At REP, we strive to be a trusted partner and are respected for our expertise, experience, and ability to collaborate. We believe our emphasis on site safety, employee quality of life, and environmental health is unparalleled and critical to our success. We are guided on every project that we undertake by our company values: Integrity, Opportunity, Innovation and Commitment to Excellence. What oil and gas activity is currently happening in Weld County? According to the Weld County Planning Department, there are 23,753 active oil and gas wells in Weld County as of January 2, 2018. Weld County produces the largest quantity of oil and natural gas in Colorado. lorado. It produces more than 90% of the state's oil and nearly 40% of the state's natural gas production. In 2017, 63% of the drilling permits issued in Colorado were issued in Weld County. This equates to 2,466 new permits for drilling wells in Weld County in 2017. Natural gas produced in Weld County can either be flared at the well head or requires processing to be used by industry. The NWC pipelines will lead to a facility proposed in the Town of Pierce. This facility will process natural gas into beneficial commodities from these wells, which substantially reduces the amount of natural gas that is flared at the well site. What safety measures be in placefor the pipeline? Safety is the most important aspect of pipeline operations. Our pipelines are engineered and designed to be safe for our employees, neighbors, and the environment. All personnel receive training and abide by guidelines that meet or exceed industry standards and regulations in order to prevent unsafe conditions. Can you address dust and air quality con cerrns ? A land use/air permit with the State of Colorado is required. OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, NWC Development, LLC is a Limited Liability Company formed or registered on 10/27/2017 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20171812746 . This certificate reflects facts established or disclosed by docu lents delivered to this office on paper through 07/09/2018 that have been posted, and by documents delivered to this office electronically through 07/12/2018 @ 12:18:22 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 07/12/2018 @ 12:18:22 in accordance with applicable law. This certificate is assigned Confirmation Number 11002635 . Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and efj�ective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's Web site, http:/lwww.sos.state.co.us/biz'CertificateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http:// www.sos.state.co.usl click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.stat.e.co.us. !-F t d Colorado Secretary of State Date and Time: 10/27/2017 02:51 PM ID Number: 20171 12746 Document number: 20171 12746 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.RsS:s) 1. The domestic entity name of the limited liability company is NWC Development, LLC (he name of a limited liability company mustcontain the term or abbreviation "limited liability company", "ltd. liability company ", "limited liability en.", "ltd. liability CO.", "limited", " i e. ", „lk ", or "ltd. ". See §7-90-601, C.Q.S.) (Caution: fhe use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company's initial principal office is Street address 5956 Sherry Lane Mailing address (Street number and name) Suite 825 Dallas TX 75225 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (leave blank if same as street address) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are N arise (if an individual) or (if an entity (Last) (First) (Middle) (Suffix) The Corporation Company (Caution: Do not provide both an individual and an entity name.) Street address 7700 East Arapahoe Road Mailing address (leave blank if same as street address) (Street number and name) Suite 220 Centennial co80112-1268 (City) (State) (ZIP Code) (Street number and name or Post Office Box information) ARTORCGLLC Page 1 of 3 Rev. 12/01/2012 (The following statement is adopted by marking the box.) Vt (City) Co (State) The person appointed as registered agent has consented to being so appointed. (ZIP Code) 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) or (If an entity) Rimrock Energy Partners, LLC (Caution: Do not provide both an individual and an entity name.) Mailing address 5956 Sherry Lane (Street number and name or Post Office Box information) Suite 825 Dallas TX 75225 (City) (Middle) (Suffix) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) one or more managers. or the members. 6. (The following statement is adopted by marking the box.) There is at least one member of the limited liability company. I 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (1f the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/ddf yyyy hour: minute a m/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, wider penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTORGLL1 Page 2 of 3 Rev. 12/01/2012 (Last) (First) This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Bodine Tanner Hammack (Last) (First) (Middle) (Suffix) 2300 Trammell Crow Center (Street number and name or Post Office Box information) 2001 Ross Avenue Dallas (City) (Province — if applicable) TX 75201 (State) (ZIP/Postal Code) United States (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORGLLC Page 3 of 3 Rev. 12/01/2012 CROSSING AGREEMENT THIS AGREEMENT, nadethistit i day of '�SrflrrmoeL2ois, between THE NEW CACHE LA POUDRE IRRIGATING COMPANY, hereinafter the "Company", and NWC Devel ,. ment, LLC of 9._ _. � sherry cane, Suite 825 Dallas TX, hereinafter "Second Party'', WITNESSETH; In consideration of Eight Thousand Dollars (8,OOO,OO) and other good and valuable consideration, the receipt of which is hereby acknowledged by the Company, ny the parties i I �'� � �.ues mutually agree as, follows: PROJECT DESCRIPTION Crossing of New Cache Ditch in the WI2NE14 Sec. 23 . N 67W, with a natural gas Di Dcline of no sr:fatter than 20", which shall be installed using horizontal directional clrillin and bein located least - �l at 15' beneath the bottom of the ditch. No o _enacut process will be used, and no eeur alert wall be crossin the ditch.. Entry and exit Glints shall be at least 30) avva from sides of ditch. LEGAL DESCRIPTION AND COQ, ON LOCATION The crossing shall be 1„76S' 5 of, and 1 4101W of the NE corner of Section 23 &N 67W or x 735' S of �v 392 and 65' SN of CR 23, or at approx. GPS coordinates of N4O.4747O° 1O4.,56528° THAT WHEREAS, the Company is the owner of ,a ditch and right-of-way, commonly known as the New Cache la, Poudre Ditch, hereinafter the "ditch"; and WHEREAS, Second Party desires to acquire a certain right-of-way to cross the ditch of the Company as described above. The parties mutually further agree as follows: 1. The Company grants to Second Party a right-of-ways anc easement to construct and maintain said structure or device (hereinafter referred to as the "linee, for convenience) under the ditch. 2. The Company grants to Second Party the right of ingress and egress to and from said crossing location, as necessary and reasonable for the exercise of the purposes of this agreement. • 3. Exhibit A attached and incorporated by reference illustrates generally the requirements subject to changes in the field as the Company may require. Second Party is responsible to furnish accurate measurements and information to th Company. The lire shall be installed no less _ - -- than 15 feet below the bottom of the ditch to the top of such line 4. All work shall be performed only after prior notice and submission of plans and specifications to the superintendent of the Company, and will be performed under the supervision of such superintendent. Field inspections will be conducted as needed. Field inspections must be conducted at initial stage of planning and at completion for final inspection. Any , uestions shall be resolved by the Company's ray`s superintendent after options and expenses are considered. The installation, of the line shall occur between November 1, 2018 and March 31, 201S. No other time frame is permuttec without th.e written consent of the Company. 5. In the event any sum is expended by the Company for repair or maintenance of the ditch, which repair or maintenance is necessary because of Second Party's acts or omissions in constructing the line and crossing the ditch, or because of the existence of the line, or because of any leakage or breakage of the line, Second Party shall reimburse the Company for such expense. Determination of whether repair or maintenance is necessary, and whether an emergency exists, shall be at the discretion of the Company. 6. Installation of the ire shall be entirely without disturbance by Second party of the flow of water in the ditch, unless permission in writing is first received from the Company for such disturbance. Any subsequent repairs, replacements or maintenance that nrUght affect the Company's use and operation of the ditch shall occur during a time period when the ditch i.s not being used to carry water) and be completed before that use begins. Second Party expressly agrees that it shall be liable to the Company and/or its shareholders in damages for any unauthorized disturbance of the flow of water through the ditch, to the extent that suchdisturbance is caused by or due to the activities of the Second Party or those working on its behalf. Upon completion of any activity upon the ditch right of way by the Second Party, it shall clean the ditch and ditch bank area to place is the same or better condition than it was before the activity began including the compacting of any disturbed soils. Second Party agrees to place and maintain markers on both sides of the ditch which indicate the location of the lire. Markers shall be located at points that do not interfere with the operation and maintenance of the ditch. 7. In the event that the company finds it necessary to perform emergency repairs to the ditch, either now or at any future time, the Company shal be wholly without liability for damages to Second Party as the result of the performance of such repairs, except as to such damage as may be caused by the Company's negligence. 8. Installation of the line shall be entirely without cost to the Company. If necessary, the Company's attorneys shall be directed to review this Crossing Agreement, and to consult with Company officials or employees as to its contents and effect; and their fees and expenses shall be paid by Second Party, in addition to the consideration earlier recited.. i. The Company shall have full power to operate, maintain, alter, enlarge, relocate, clean and manage the ditch as if this Agreement had not been made, and any expense or damages caused thereby to Second Party shall not be chargeable to the Company, except as to such damage as may be caused by the Company's negligence. It is specifically agreed that normal maintenance and repair activities, including the operation of machinery for such purposes upon the ditch right of way and within the ditch itself, shall not constitute negligence. In the event, however, that any such action on the part of the Company could reasonably be expected to affect Second Party, the Company agrees to give prior notice to Second Party, and to cooperate to avoid injures or damages to the line. W. This Agreement and all the terms and conditions thereof shall extend to and be binding upon the successors and assigns of each of the parties hereto. This Agreement shall not be assigned by Second Party without the written consent of the Company. 2 1 The Second Party agrees to record an executed copy of this Agreement at its own expense, with the Clerk and recorder of the county within which the crossing is made, and furnish a copy of said recorded document to the Company. 12. Any notice required or permitted hereunder shall be deemed effective when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, and addressed to the party to whom notice is to be given, as follows: If to Comp_ P 0 Box 104 Lucerne, CO 80646 If to Second Party: 5956 Sherry Lane, Suite 8.25 Dabs, TX 7E225 or such other address as may be furnished to the other party by written notice 13. Second Party shall not allow any other entity to cross the right -of --way granted, riot shah it add additional fines or other equipment within the crossing, without first obtaining the written permission ofthe ��a .r do � which � Company to so, h ch permission can be withheld at the Company's discretion. 14. Second Party sharl be liable for, and shall indemnify and hold Company harmless from, any damages that may occur or arise from the installation, maintenance, repair and continued existence of said One, including but not limited to any interruption of service, leakage, . explosion, or other malfunction of the line, regardless of any assistance or supervision provided by Company. 15r This agreement is contingent upon, and shall not take effect until the approval by the Board of Directors of the completed plans and specifications of the crossing, which approval must be in writing, , signed by the president and attested to by the secretary of the Company, and the giving of notice of such approval to the Second Party. The Company's signature on the plans is also a pp part of its approval. royal. No work shall commence until such notice is given in writing to Second Party. The Company may make suggested revisions to the plans and specifications, and if such revisions are fully agreed to by the Second Party in writing, with notice of such acceptance being given to the Company, then this agreement shall became effective upon receipt by the Company of such notice. The plans and specifications as approved shall be attached hereto as an exhibit and be recorded. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed by the proper persons, and have affixed their seals hereto on the day and year first above written. 3 THE NEW CACHE LA POUDRE IMGATING COMPANY ATTE LJ y: l�}'i Its: ainetaa By: Its: qloevit NWC ' - pp ent, LLB By: James Ca Karo Its: Authorized Re presentative E L 1BI T "A" Attached to and made a part of that certain Pipeline Easement and Right -of -Way Option ti Agreement, by and between the New Cache La Poudre Irrigating Company, Grantor, and NWC Dcvclopment, LLC, Grantee . • . . i • • a a a • a a a a a a • a • a • • r • I s • • • i i ICI C .Dev'elopm en t ettedeelestea Ipehne Easement Centerline • • • NE/4 i i i U F Greeley Ditch tt2 n■® ' l51111■ R 67w 23 Section 23 4 4' �r H er 392 La -- T C N PIP UNE EASEMENT LOCATION Township 6 North, Range 67 West, 6th PM Section 23: in the SW/4E/4 Weld County, Colorado NOT TO SCALE drawn by Duane Russell „fury 24, 2018 JAMES C KARO ASSOCIATES LAND .SERVICES 1750 Lafayette SI4 Denver, CO £021E 303-279-07E9 40' transect September 26, 2018 Mr. Ty Petersburg Colorado Parks and Wildlife 317 W Prospect Rd Fort Collins, CO 80526 RE: Acknowledgement and Response to Colorado Parks and Wildlife (CPW) Comments on the Pierce Trunk and Raindance Lateral Pipelines, Weld County, Colorado (Weld County Case No. USRI8-0080) Dear Mr. Petersburg: On behalf of NWC Development (NWC), Transect appreciates your review and comment on the Pierce Trunk and Raindance Lateral Pipelines in Weld County, Colorado, which was provided by Colorado Parks and Wildlife (CPW) to Mr. Kim Ogle, Weld County Planner, on September 14, 2018. The purpose of this letter is to acknowledge your recommendations, provide additional information about NWC's avoidance and minimization practices, and confirm NWC's commitment to conservation and best management practices around Colorado's sensitive species. Each of your comments is addressed below, in the order they were provided. Comment 1: Bald Eagle Nest in T6, R67W, Section 34 NWC is aware of the presence of this bald eagle nest. Except for one 400 -foot segment which falls just inside '/2 -mile from the nest, all proposed activities are outside of the 660 -foot recommended buffer provided by the USFWS National Bald Eagle Management Guidelines as well as the '/4 -mile buffer recommended by CPW. The 400 -foot portion of the pipeline within the %-mile buffer is shielded by both topography and forested riparian areas. There are also several other existing human disturbances inside the '/2 -mile buffer, including a popular pedestrian hike/bike trail (directly adjacent to the nest), residential homes, and Windsor Waste Water Treatment Plant. In consideration of distance, landscape buffers, and existing disturbances, impacts to the eagle nest from the pipeline either inside or outside of the CPW %-mile buffer are not anticipated. Construction is proposed to begin in November 2018 and continue through spring of 2019. Seasonal timing recommendations will be implemented where practicable. Comment 2: Bald Eagle Winter Concentration Areas NWC is aware of CPW's delineated bald eagle winter concentration areas. If bald eagles are observed in or within the vicinity of the project, appropriate avoidance and minimization measures will be implemented. Comment 3: Burrowing Owl Habitat Initial site disturbance is proposed outside of the burrowing owl nesting season. If burrowing owls are observed in or within the vicinity of the project, appropriate avoidance and minimization measures will be implemented. Transect LLC • 745 E. Mulberry St, Ste 205, San Antonio, TX 78212 • www.transect.com Comment 4: Swift Fox Denning Habitat Initial site disturbance is proposed outside of swift fox denning season. If swift fox or their dens are observed in or within the vicinity of the project, appropriate avoidance and minimization measures will be implemented. Comment 5: Raptor Nests Initial site disturbance is proposed outside of raptor nesting season. If raptor nests are observed in or within the vicinity of the project, appropriate avoidance and minimization measures will be implemented. Comment 6: Cache la Poudre River and its Tributaries In accordance with Section 402 of the Clean Water Act and Colorado Department of Public Health and Environment (CDPHE) stormwater permitting requirements, erosion and sedimentation controls will be implemented, maintained, and monitored along all portions of the pipeline in order to control the release of pollutants into receiving waters for the duration of the project until restoration thresholds are achieved. As part of NWC's commitment to Colorado's natural resources, all contractors are equipped with a guidebook to inform and assist contractors in carrying out Best Management Practices (BMPs) with respect to sensitive species. If any sensitive species are observed during construction, contractors are directed to halt immediately until additional avoidance or minimization options can be evaluated by NWC. Thank you again for your assistance with this project. Please feel free to contact me if you have any questions or comments. Sincerely, Robin Laine Transect LLC CC: Kim Ogle Weld County Lance King NWC Development Anne Johnson Tetra Tech 2 Atransect Hello