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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20184053.tiff
This permit is being submitted under the current Crude Oil Pipeline USR application requirements per the Weld County Code. However, if the land use- process to permit Crude Oil Pipelines changes while this application is in process, we would like to request that you please allow this application to proceed with the LAP process requirements as submitted and we will provide any added information that may be needed at that time. USE BY SPECIAL REVIEW (USR) APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N. 17TH AVENUE * GREELEY, CO 80631 www.weldgov.com * 970-400-6100 * FAX 970-304-6498 FOR PLANNING DEPARTMENT USE AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: Parcel Number*: Address of site: See Parcels Crossed and Easement List Pipeline - Various, see map and narrative Legal Description: Pipeline - Various, see map and narrative (*A 12 digit number on Tax ID. information, obtainable at www,weldgov.com). Section: Township: N Range: Zone District: Acreage: Floodplain: $ Geological Hazard: YON FEE OWNER(S) OF THE PROPERTY: Name: Pipeline - Various, see narrative materials w Airport Overlay: Y Company: Phone #: Email: Street Address: City/State/Zip Code: Name: Authorized Agent: Ryder Reddick Company: Tetra Tech Phone #: 720-864-4603 Street Address: 1900 S. Sunset St., Suite 1F Email: Ryder.Reddick@Tetratech.com City/State/Zip Code: Longmont, CO 80501 Name: Authorized Agent: Anne Best Johnson Company: Tetra Tech Phone #: 720-204-0173 Email: Anne.Johnson@tetratech.com Street Address: 1560 Broadway, Suite 1400 City/State/Zip Code: Denver, CO 80202 APPLICANT OR AUTHORIZED AGENT: (See below: Authorization must accompany all applications signed by Authorized Agents) Name: Pat McMurry Company: DJ South Gathering, LLC Phone #: Email: Street Address: 1600 Broadway, Suite 2400 City/State/Zip Code: Denver, CO 80202 PROPOSED USE: Crude Oil Pipeline not to exceed 2M 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 author ation from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence mus e in ,+ded indicating that the signatory has to legal authority to sign for the corporation. Signature; Owner or Authorized Agent Date Print Name Pint Owner or Author' Agent Name1617 Rev 4/2016 MIDSTREAM June 11, 2018 Ms. Diana Aungst Weld County Planning 1555 North 1701 Avenue Greeley, CO 80631 RE: Designation of Authorized Agent Dear Ms. Aungst, DJ South Gathering, LL , a subsidiary of ARB Midstream, LLC authorizes Anne Best Johnson to be the designated point of contact for communications from the County regarding the USR, BOA, Flood Hazard Development Permit and Road Crossing Permits for the Matador Pipeline and other gathering lines which may be a Use by Right. Anne Best Johnson, Mike Saxton, Ryder Reddick and other representatives from Tetra Tech are also authorized to apply for any Weld County permits needed for the pipeline project and are authorized to request information on our behalf. Pat McMurry, Senior Vice President ARB Midstream 1600 Broadway, Suite 2400 Denver, CO80202 DJ South Gathering, LLC 1600 Broadway, Suite 2400 Denver, Colorado 80202 Use by Special Review Permit DJ South Gathering, LLC — Matador Crude Oil Pipeline Submitted to Weld County Planning and Public Works 200-127274-18004 and 2071C-19705-18004 Submitted September, 2018 Tetra Tech 1560 Broadway, Suite 1400 Denver, CO 80202 TETRA TECH DJ SOUTH GATHERING, LLC MATADOR CRUDE OIL PIPELINE TABLE OF CONTENTS 1. Application Checklist 2. Application Form 3. Authorization Forms 4. Pre -Application Meeting Notes 5. USR Summary Statement a. Introduction b. Floodplain Map c. Parcel & Public Road Crossing Maps & Tables d. Emergency Mitigation and Fire District Map c. Prime Farm Lands Map f. Decommissioning Plan 6. Environmental Mitigation Statement 7. Drainage Narrative 8. Traffic Narrative 9. Surrounding Property Owner and Emergency Service District Notification a. Notification Mailing Lists b. Notification Letters c. Notification Maps d. Notification Fact Sheet 10. Mapping Products a. Vicinity Map b. Route Map 11. List of all property owners crossed by proposed pipeline alignment — Recorded Easement & options table & map x Drainage narrative X x USE BY SPECIAL REVIEW (USR) PROCEDURAL GUIDE CHECKLIST DEPARTMENT OF PLANNING SERVICES* 1555 N. 17TH AVENUE * GREELEY, CO 80631 www.weldgov.com 970-400-6100 * FAX 970-304-6498 APPLICATION REQUIREMENTS The applicant shall submit 1 -hard copy and 1 -electronic copy containing one of all of the items listed. The application will be reviewed for completeness during the Completeness Review. X Submit a copy of the Pre -application meeting minutes Submit application form Submit Applicant's representative/authorization form if applicant or authorized agent is different than owner. Submit incorporation documents if the owner is an LLC, INC, etc. x Submit responses to USR questionnaire. X Submit USR map with paper dimensions of 24" X 36". See attached for map requirements. NA Submit Certificate of Conveyances form and all attachments. Contact a title company to obtain a Certificate of Conveyances. The Certificate of Conveyances expires in thirty days of the signing date on the cover sheet. As specified for a pipeline USR Submit a list of all the surrounding property owners (surface estate) within 500 feet of the property under consideration. This list must be a certified list of the names, addresses, and the corresponding parcel number assigned by the Weld County Assessor of the owners of property. Also submit the affidavit stating that the list is accurate. This list shall be compiled from the records of the Weld County Assessor, the Weld County Website, www.co.weld.us, or a person qualified to do the task. This list expires in thirty days of the date compiled. NA Submit copy of document showing evidence of adequate water supply (e.g. well permit or letter from water district). If using a well, please complete the attached Water Supply Information Summary. NA Submit copy of document showing evidence of adequate sewage disposal (e.g. septic permit or letter from the sanitary sewer district) NA Notice of Inquiry or letter/email from a municipality if the site is located within an Intergovernmental Agreement (IGA) boundary or a Cooperative Planning Area (CPA). Detention design summarized in a Drainage Report if required per pre -application meeting minutes. Traffic Study, if required per pre -application meeting minutes. A community meeting is encouraged for owners within 500 feet of property boundary Details re notice X Submit all required documents on electronically or via email in .pdf format. x Application fee NA Investigation fee, due only if this is a violation. This permit is being submitted under the current Crude Oil Pipeline USR application requirements per the Weld County Code. However, if theland use process to permit Crude Oil Pipelines changes while this application is in process, we would like to request that you please allow this application to proceed with the LAP process requirements as submitted and we will provide any added information that may be needed at that time. USE BY SPECIAL REVIEW (USR) APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N. 17TH AVENUE * GREELEY, CO 80631 www.weldgov.com * 970-400-6100 * FAX 970-304-6498 FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: Parcel Number*: Address of site: See Parcels Crossed and Easement List Pipeline - Various, see map and narrative Legal Description: Pipeline - Various, see map and narrative Zone District: Section: (*A 12 digit number on Tax I.D. information, obtainable at www,welctgov.con), Township: N Range: w Acreage: Floodplain: a eological Hazard: Yll Airport Overlay: YON FEE OWNER(S) OF THE PROPERTY: Name; Pipeline - Various, see narrative materials Company: Phone #: Street Address: City/State/Zip Code: Email: Name: Authorized Agent: Ryder Reddick Company: Tetra Tech Phone #: 720-864-4603 Street Address: 1900 S. Sunset St., Suite 1E Email: Ryder.Reddick@Tetratech.com City/State/Zip Code: Longmont, CO 80501 Name: Authorized Agent: Anne Best Johnson Company: Tetra Tech Phone #: 720-204-0173 Email: Anne.Johnscn@tetratech.com Street Address: 1560 Broadway, Suite 1400 City/State/Zip Code: Denver, CO 80202 APPLICANT OR AUTHORIZED AGENT: (See below: Authorization must accompany all applications signed by Authorized Agents) Name: Pat McMurry Company: DJ South Gathering, LLC Phone #: Email: Street Address: 1600 Broadway, Suite 2400 City/State/Zip Code: Denver, CO 80202 PROPOSED USE: Crude Oil Pipeline not to exceed 20" 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 author ation from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence rnus a in ided indicating that the signatory has to legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date Print Name Owner or Author' Agent //el m • 7 P'//int Name Rev 4/2016 MIDSTREAM June 11, 2018 Ms. Diana Aungst Weld County Planning 1555 North 17th Avenue Greeley, CO 80631 RE: Designation of Authorized Agent Dear Ms. Atingst, DJ South Gathering, TIC, a subsidiary of ARB Midstream, LI,C authorizes Anne Best Johnson to be the designated point of contact for communications from the County regarding the USE., BOA, Flood Hazard Development Permit and Road Crossing Permits for the Matador Pipeline and other gathering lines which may be a Use by Right. Anne Best Johnson, Mike Saxton, Ryder Reddick and other representatives from Tetra Tech are also authorized to apply for any Weld County permits needed for the pipeline project and are authorized to request information on our behalf,. Pat McMurry, Senior Vice President ARB Midstream. 1600 Broadway, Suite 2400 Denver, CO 80202 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING 1, Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, DJ South Gathering, LLC is a Limited Liability Company formed or registered on 01/17/2018 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 20181042010 This certificate reflects facts established or disclosed by docu i ents deliveredto this office on paper through 09/07/2018 that have been posted, and by documents delivered to this office electronically through 09/10/2018 rip 10:09:31 1 have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 09/10/2018 @ 10:09:31 in accordance with applicable law. This certificate is assigned Confirmation Number 11107348 Secretary of State of the State G I Colorado *********************************************End cif ertifi• tte******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. 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://www.sos.state.co.us/bizlCertificateSearchCriteria.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, imp:// www.sos.state.co.usi 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.state.co.us. Colorado Secretary of State Date and Time: 01/17/2018 12:10 PM ID Number: 20181042010 Document number: 20181042010 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 ('C4R.S.) 1. The domestic entity name of the limited liability company is DJ South Gathering,. LLC (the name of a limited liability company must contain the term or abbreviation "limited liability company", "ltd. liability company", "limited liability co.", "Ltd. liability co.", "limited", "Ile.", "llc", or "ltd.". See §7-90-601, C.R.S.) (Caution: The use of certain terms or a bbreviations 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 1 600 Broadway Mailing address (Street number and name) Suite 2400 Denver CO 80202 (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) (Province — if applicable) (State) (ZIP/Postal Code) (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) (Caution: Do not provide both an individual and an entity name.) (Last) (First) AFB Midstream, LLC (Middle) (Suffix) Street address 1600 Broadway Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (Street number and name) Suite 2400 Denver CO 80202 (City) (State) (ZIP Code) ARTORGaLLC Page 1 of 3 Rev. 12/01/2012 (The following statement is adopted by marking the box.) K (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) ARB Midstream, LLC (Last) (h irst) (Caution: Do not provide both an individual and an entity name.) Mailing address 1600 Broadway (Street number and name or Post Office Box information) Suite 128 Denver CO 80202 (City) (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. 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 (Middle) (Suffix) (mm/dd/yyyy hour:minute am/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, under 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 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 N ewb►urn Ryan (Last) 1550 Larirner Street (First) (Middle) (Suffix) (Street number and name or Post Office Box information) Suite 128 Denver CO 80 202 (City) (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.) 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 MEMORANDUM TO: PRE 18-0157; Case File, pre -application DATE: May 31, 2018 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre -Application Meeting prior to submitting USR for Pipeline Attendees: Devon Dageford, ARB Midstream Warner Bradley, ARB Midstream Anne Johnson, Tetra Tech Diana Aungst, Planning Amy Joseph, Public Works Kris Ranslem, Planning On Thursday, May 31, 2018 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed petroleum derivatives pipeline. Background Information: The Matador Pipeline is proposed by ARB Midstream as one 12-20 inch carbon steel crude oil pipeline that will transport product from Adams County to an existing facility located at County Roads 30 and 49. The proposed length of the pipeline project is approximately 21 miles. There will be three to four valve sites. Building Department Staff was unavailable; however please contact Jose Gonzalez at 970-353-6100 ext. 3540 for further direction. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently the following has been adopted by Weld County: 2012 International Residential Code, 2012 International Building Code, 2012 International Mechanical Code, 2012 International Plumbing Code, 2012 International Plumbing Code, 2012 International Fuel Gas Code, 2006 International Energy Conservation Code, and 2017 National Electrical Code. A building permit application must be completed and two complete sets of engineered and architectural plans bearing the wet stamp of a Colorado registered engineer or architect must be submitted for review for each structure. All new Commercial Building Projects require Fire District Notification (letter or email form). Proof shall be submitted with Commercial Permit applications. Final Fire District Approval is also required prior to issuing a Certificate of Occupancy and or closing a building permit. Building department staff strongly recommends a pre -application building permit submittal meeting, and, or a pre -construction meeting with Building Department staff for an overview of permit requirements. Please call 970-400-6100 and ask for a Plans Examiner. Building permit requirements can be found on the web -site link below: https:/!www.weldgov.comldepartmentslbuilding/building permiticonstruction handouts more information! Health Department Staff was unavailable; however please contact Lauren Light at 970-400-2211 for further direction. Waste handling: Waste materials shall be handled, stored, and disposed in a manner that controls blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. Please answer the following if applicable; indicate if there will be washing of vehicles or equipment, fuel storage, maintenance of vehicles or equipment, floor drains in shop, air emissions permit. On site dust: Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. Sewage disposal information: Include in application how sewage disposal will be accommodated. If using a septic system provide a copy of the septic permit. Either utilize the County website www.co.weld.cfl.us/maps/propertyportal/ or call (970-304-6415) or stop by EH front counter and request a copy. Potable water information: Include in application how potable water will be provided. Provide a will serve letter or water bill from the water district or provide a copy of well permit. Portable toilets and Bottled water can be used for employees and customers per policy below: TO DEFINE WHEN PORTABLE TOILETS AND COMMERCIALLY BOTTLED WATER ARE ALLOWED Purpose: To define when portable toilets and commercially bottled water are allowed. Policy: Bottled water from a commercial source is allowed in the following circumstances: 1. Temporary or seasonal uses that are utilized 6 months or less per year (for example recreational facilities, firework stands, farmers markets) 2. Gravel mines 3. 10 or less customers or visitors per day And/or one of the following: 4. 2 or less full time (40 hour week) employees located on site 5. 4 or less part time (20 hour week) employees located on site 6. Employees or contractors that are on site for less than 2 consecutive hours a day Policy: portable toilets are allowed in the following circumstances: 1. Temporary or seasonal uses that are utilized 6 months or less per year (for example recreational facilities, firework stands, farmers markets) 2. Gravel mines 3. 10 or less customers or visitors per day And/or one of the following: 4. 2 or less full time (40 hour week) employees located on site 5. 4 or less part time (20 hour week) employees located on site 6. Employees or contractors that are on site for less than 2 consecutive hours a day Public Works CR 49 will require individual right-of-way permits. These plans will need to be stamped. Planning Department Additional fees may be included with the Building Permit such as Road Impact, County Facilities and Drainage fees. Please refer to the handout provided. Show the locations of the potential laydown own yards on the USR R map. Staff noted that a portion of the proposed pipeline route will be going through the Southeast Weld Regional Urbanization Area (RUA). After further discussion, pipelines will not be allowed to be routed through this RUA. Portions of the pipeline route are located in a designated FEMA floodplain. Flood Hazard Development Permits will be required. Please show and label the floodplain boundaries and the FEMA Flood Zone and FEMA Map Panel Number on the plat. Contact the Floodplain Administrator, Diana Aungst, at 970-400-3524 to discuss your project. Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Friday 7:30 a.m. to 4:30 p.m. or contact Diana Aungst at 970-400- 3524 or d a unq st c weldgov. com Staff explained the USR process. The applicant shall submit 1 packet for a 7 -day completeness review. After the 7 -day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. The above notes are provided as a courtesy to the applicant. While we strive to help identify as many potential issues upfront during the pre -application meeting we cannot anticipate every issue that may come up during the formal application process. The information contained herein has been placed on file with the Department of Planning Services. The pre -application is valid for a period of one (1) year from the date of pre - application. If a formal application is not received following the time period specified herein the Planning Department reserves the right to require a new pre -application meeting. Please note that all land use, building and impact fees are subject to change throughout this time period. End memorandum. DJ South Gathering, LLC Matador Crude Oil Pipeline 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 31, 2018 have been included. Responses to requirements listed in Section 23-2-51.0 are listed below: A. The applicant's name and telephone number. The Applicant for this proposed project is DJ South Gathering, LLC ("MG") which is a subsidiary company of ARB Midstream, LLC. Refer to the application form provided with the submittal materials for more contact information. B. Address of the applicant and general OFFICE Refer to the application form provided with the submittal materials for all address and contact information. C. Summary Statement of the project, to include when applicable: a. Source, capacity, size, destination and type of facilities, support STRUCTURES. lines, etc., involved. The proposed Matador Pipeline ("Project" or "Pipeline") would be a sixteen inch (16") outside diameter crude oil pipeline. The Project would begin at Bennett Station Adams County and would traverse approximately 21 miles in southern Weld County running generally south to north, entering Weld County just north of the intersection of Weld County Road 57 andWeld County Road 2 and ending at the existing oil and gas transloading and storage facility ("Destination Point") currently permitted under SR15-0016 located southwest and adjacent to the intersection of Weld County Road 49 & Weld County Road 30. This is the first submittal to Weld County for the Project network. At this time DJ SO doesn't plan to tie additional pipelines into the Project but that could change subject to customer demands. The Project would terminate at the Destination Point and from there, the crude oil would be stored and piped to various downstream markets. The proposed Project at full scope would transport crude oil gathered from several wells in multiple Counties in Colorado. The Pipeline would have the following specs: 16" O.D. X 0.281" W.T., X60, ERW, API 51, PSL2, w/ 14-16 MILS FBE (Line Pipe) and 16" O.D. X 0.375" W.T., X60, ERW, API 5L PSL2, W/14-16 MILS FBE and 30 MILS ARO (HDD Pipe). The Pipeline would be designed to transport up to 160,000 barrels per day with the ability to increase capacity in the future. The Pipeline would be designed to have a maximum allowable operating pressure (MAOP) of 1,480 psi however DJSG would design the Pipeline to operate with a maximum operating pressure (MOP) of 740 psi. The Pipeline would be monitored by a SCADA system that would issue notifications 24 hours -a -day, 7 days -a -week and 365 days -a -year. The SCADA system monitoring station would monitor the entire Pipeline including leak detection metering and overpresuure preotection equipment and would send notification to required personnel for any abnormal operation along the proposed Pipeline route (including the entire proposed Weld County portion of the P ip el ine). The Pipeline would also undergo a series of testing prior to being placed in-service, including 100% NDT or X-ray of girth welds and 8 -hr hydrostatic testing of the entire pipeline performed at 1.25 to 1.5 that of the MA0P. 1 Construction commencement is anticipated to be Spring, 2019 and would last through the summer 2019. Depending on permit approval, construction may be completed sooner. The pipeline easements are negotiated between private land owners and MSG. The temporary construction easement is approximately 75 -feet wide and will acco iodate construction and reclamation activities. The permanent eas ent is approximately 30-50 feet wide. At this time, 85% of the required easements are finalized and the other 15% are in negotiations. Pipeline depth requirements are currently in development with Weld County Public Works for road crossings. When the Pipeline is on private property the minimum depth of burial would be at least four feet (4') of cover from the surface to the top of the Pipeline. The proposed Pipeline w oul d traverse multiple times across designated 100 -year floodplains as shown in (Map 1) below. There are two FEMA FIRM Map Numbers (081230215 5E I& 08123O1 75E) associated with those designated crossing areas along the proposed pipeline route. Flood Hazard Development Permits will be applied for shortly after this USR application submittal for concurrent review. Map 1: D.J South Gathering, LLC Proposed Matador Pipeline Route Areas Located in 100 -year Floodplain LI L C: CY 3 a n .A m r C, U U V I is CR NS U lb TETRN TEC H 'f.J'.Iwtylrli t $c. £i •.tfx:c•:'7r E '141.1 a'.f.':: ..P, IC• 1r: Legend r-JPraposed Winko Poetre late F Eelne r.:1 :e 2;lesln; ' Oo "Irda Floorplan 100 'Teal F uudµdn [3curdalles I11CIItwars Iul7jsb Weld Cc'.ffltj Rc2a , Rallwtys I-ILDSCN KEENE9RURG Weld ulf. 1 .......Asfains County r, an11:1r-URV = In r..otvn :.4_1il�UH I' "31:'16• PROPOSED NATkDDR PIPELINE ROUTE 744018 FLOODPLA N C ROSSI RG LOCATI ON S r•r i -i u -P Irk 2 The Pipeline would also cross Weld County maintained roads and Rights -of -Way. There are 10 proposed Weld County maintained road crossings, 7 of which that are Local County Road crossings, 1 Collector County Road crossing and 2 Arterial County Road crossings per the Weld County Functional Road Classification Map. There would also be 8 unmaintained Weld County ROW crossing locations, 2 CDOT Road ROW crossings locations and 2 Town of Hudson Road ROW Crossing locations shown on (Map 2 & Table 1) below. Crossing and Access Permits will be applied for shorly after this U SR application submittal for concurrent review. Map 2: DJ South Gathering, LLC - Proposed Matador Pipeline Route Public Road & ROW Crossings. -4 • air • * Ge NITETRA. TECH (w:.,, Iet' t_=h a_m 1:01 `• Swale*. S"..'w•f E:b. • _ nronr•rc Cni rar.^. ENE' FHI1b1Y •;fif::'.� ie '- iH: f3d• C•.11!_) if'l•+fl'.rl Legend Name CC0T MAIt'TAINED ROW CROSSINGS HI.DS0N ROW CROSSINGS WELD COUNTY UNMAINTA NED ROTA CRCS3IN3S WELD Cousin IAAIN-AINED LOCAL ROADWAY CROSSING WELD COU\1f MAIN-AINED CCLLECTDf ROADWAY CROSSING WELD COUNITN MAIN7AINEDARTERIAL ROADVW ; ROSSING S S • Highways Major Wald ;.aunty Roads -- I P.Eailwaya Patals Wain 150 Fee: of 3ipeliie Hunrisnn KeeneSbu'g •.._!Adams County Ell Welt: Cuunly 111 ...et,l2_ Foanssburg DJ H0UIH GATHERING, Lit MA.T Er_lR. PIPE LHE t9E_D CJIL1-Y, C0LOP.AUC MPLTADOR PIPELINE PROPOSED WEL) GOUNTY ROUTE WITH PURI r: Run Rfi1Nf:F[? AIAf;S M1R.Il1R1.St11f'1i1ta Miles N1rl,L'C� NO: 2X -"2 rii f •1 -'?ti} I DACE SEP-=ref i:( 14.≥) DEiJrrei ®7 R.R 3 Table 1: DJ South Gathering, LLC — Proposed Matador Pipeline Road & Right -of -Way Crossing List. DJSG Matador Pipeline Public Road & Right -of -Way Crossing List Map Key # Road Name Road Classification Jurisdiction 1 County Road 4 Unmaintained ROW Weld County 2 County Road 57 Unmaintained ROW Weld County 3 County Road 6 Local Road Weld County 4 County Road 8 Unmaintained ROW Weld County 5 County Road 55 Local Road Weld County 6 County Road 53 Local Road Weld County 7 County Road 10 Local Road Weld County 8 County Road 51 Local Road Weld County 9 State Highway 52 State Highway CDOT 10 County Road 51 Local Road Weld County 11 County Road 51 Local Road Weld County 12 County Road 14 Unmaintained ROW Town of Hudson 13 County Road 16 Local Road Town of Hudson 14 Interstate 76 Interstate Highway CDOT 15 County Road 18 Collector Road Weld County 16 County Road 20 Unmaintained ROW Weld County 17 County Road 49 Arterial Road Weld County 18 County Road 22 Arterial Road Weld County 19 County Road 47 Unmaintained ROW Weld County 20 County Road 26 Unmaintained ROW Weld County 21 County Road 47 Unmaintained ROW Weld County 22 County Road 28 Unmaintained ROW Weld County 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. The proposed Pipeline would transport crude oil and would have the following specs: 16" O.D. X 0.281" W.T., X60, ERW, API 5L PSL2, w/ 14-16 MILS FBE (Line Pipe) and 16" O.D. X 0.375" W.T., X60, ERW, API 5L PSL2, W/14-16 MILS FBE and 30 MILS ARO (HDD Pipe) . The Pipeline would be designed to transport up to 160,000 barrels per day with a maximum allowable operating pressure (MAOP) of 1,480 psi however DJSG plans to operate the Pipeline with a maximum operating pressure (MOP) of 740 psi. ii. A description of the preferred route or site and reasons for its selection. The proposed route crosses private/fee owned lands by means of right-of-way acquired by DJ SG. The majority of the route crosses private/fee owned lands, and therefore has resulted in the route primarily being dictated by each individual property owner. 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. 4 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. Map 3: DJ South Gathering, LLC - Matador Pipeline Parcels Crossed Map. S IC C. M w S. r T C Cr C' II C r Legend Matador DipeIine Roue 8.30.2018 Pnr .els Cmaserrl H ghweys Major Weld Oddity Roads Local Roads I I Railways H.indson Keenasb.irg C:3 Adorns Court. I IA'r.Id Cnunfy 0 0. MAPS CR 16.5 TETRA TECH 772,701S19[85. L,r7 r' 121.E MS -,172-5`2K Di 5aLT8 Gk7HERIMG. LLC UA AtCR PI r• ya I U C 0 J\ I Y. 4^. C, MW—AOOR PIPELINE F40FOSED VVELD CQURTT RCUTE PARCELS URCSSED f tz ael lac.: 2.1,11) I t:-'llJU' DAG SE r—_t.1DEP.. 1a,2t]'B L.isl]ne6 By gum - Ho. I 5 Table 2: DJ South Gathering, LLC - Proposed Matador Pipeline parcels crossed & recorded easement list. Di South Gathering, LLC - Matador Pipeline PARCEL OWNER PIPELINE CROSSING EASEMENT LIST PROPERTY OWNER RECEPTION # RECORDING DATE ABBOTT FARMS INC 4425612 8/24/2018 ABBOTT FARMS INC 4425614 8/24/2018 ARTER TIMOTHY & ERIN 4427434 8/31/2018 ASHLEY JOHN & RAEDENE 4427032 8/30/2018 BOSKY FARMS LLC 4427467 8/31/2018 BOSKY FARMS LLC 4427474 8/31/2018 BRATRSOVSKY DONALD & SUSAN 4427035 8/30/2018 COLORADO STATE OF TBD TBD COOK GEORGE TRENT 4227033 8/30/2018 DECHANT ALVIN JR 4429978 9/11/2018 DECHANT ALVIN JR 4429983 9/11/2018 DECHANT FARMS 4429981 9/11/2018 DECHANT FARMS PT 4429984 9/11/2018 FOSSETT COLUMBINE LLC TBD TBD FOSSETT COLUMBINE LLC TBD TBD GREENLEAF ACRES LLC 4428336 9/5/2018 GREENLEAF ACRES LLC 4427446 8/31/2018 GREENLEAF ACRES LLC 4427446 8/31/2018 GREENLEAF ACRES LLC 4427443 8/31/2018 GREENLEAF ACRES LLC 4427443 8/31/2018 B&B FAMILY TRUST 4425575 8/24/2018 GUTIERREZ FRANK & JOSEPHINE 4425576 8/24/2018 JONES RICHARD CASTO 4426569 8/28/2018 LAMBERT JAMES DONALD 4428976 9/7/2018 LAND LLOYD 4426570 8/28/2018 LAND LLOYD 4426570 8/28/2018 LAND LLOYD 4426570 8/28/2018 LEE PHANG M & VANG CHENG 4425580 8/24/2018 LLOYD LAND AIRPORT LLC 4426570 8/28/2018 LLOYD LAND AIRPORT LLC 4426570 8/28/2018 OPATRIL BRIAN & REBEKAH 4426568 8/28/2018 PSC OF COLORADO TBD TBD RAINES ROGER L. 4425571 8/24/2018 REASONER REAL ESTATE TRUST TBD TBD SCHROEDER DALE & SANDRA 4425615 8/24/2018 SWANK MARY P Executed Not Yet Recorded TBD SWANK PAUL M Executed Not Yet Recorded TBD 6 PROPERTY OWNER RECEPTION # RECORDING DATE SWANK ROBERT M Executed Not Yet Recorded TBD SWANK ROBERT M Executed Not Yet Recorded TBD TURECEK GEORGE J 4428940 9/6/2018 WES MOSER INC 4430160 9/11/2018 WES MOSER INC 4430160 9/11/2018 YEAGER RANDAL R 4426575 8/28/2018 Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites. Field and desktop research, coupled with participation of private property owners to help identify routing alternatives and the final proposed route are the main procedures that helped in mitigating adverse impacts of the proposed routes on the private property owners. Environmental mitigation steps were also deployed to develop the route that is proposed for consideration through this USR Process as well. Please refer to the APEX Matador Project Biological Resources Assessment Report provided in the application to see all Environmental Mitigation steps taken when identifying the proposed route. The selected route was deemed to be the most direct route, with minimal environmental impacts and satisfied property owner placement requests. Temporary and permanent access points will be determined and applied for prior to construction of the pipeline and tracking control would be deployed to keep mud and debris off the County and State road networks. DiSG G has and will continue to work 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 block valves and launchers/receivers would be located outside of County right-of-way to allow safe access for maintenance and fi el d personnel. A drainage narrative accompanies this application submittal. Grading, erosion, and sediment control plans and details would be included in the design plans of the Pipeline. A construction Stormwater Management Plan would be developed with a Notice of Intent filed with the State of Colorado, Department of Public Health and Environment. Dust mitigation would 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 would occur following placement of the Pipeline. The surface would be graded to minimize erosion and then replanted with the vegetation that existed prior to construction. Revegctation would be required for grassland and fallow land using native seed mixes specified by the local soil conservation service. Cultivated land would be graded to minimize erosion and then planted by the landowner for the next growing season. 7 d. An outline of the planned construction, including startup and commissioning schedule, to include the number of stages and timing of each. The entire Pipeline would be constructed at the same time. There would be one phase of this development. The planned construction timeline for this Project pending all permitting approvals is to commence Spring of 2019 and complete construction sometime in the Summer of 2019. e. Information of any public meeting conducted. to include the location, date, time. attendance and method of advertising. The Pipeline would be constructed within easements obtained by DJ SG from individual property owners throughout the entire Project. A map illustrating property ownership within 150 feet from either side of the Pipeline centerline, mailing information fact sheet, letter to the surrounding property owners and list of property owners the mailing was sent out to is included in the application materials. 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. Risks from accidents is possible. Transportation of crude oil i rough underground pipeline is viewed to be safer that other means of transportation such as trucking and railroads. The risks associated with crude oil pipelines arc 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 with respect to pipeline 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 and plans and construction details will be approved for each crossing. Timber • ats are typically used to protect existing pipelines at locations where the Matador Pipeline construction ve a cles 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 8 crews will stake out the pipeline centerline and casement boundaries based upon the approved and permitted construction drawings. • A SCADA system will monitor pressures and flows 24-7-365 and will issue notifications should any abnormal operating conditions be detected. g. 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 - DOMESTIWATER. 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. .DJir had a call with the Southeast Weld Fire Protection on September 5t' to discuss their need with regards to public safety and the emergency action plan. The Surrounding Property Owner Notification was also sent out to all 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. Map 5: DJ South Gathering LLC — Matador Pipeline Route Fire district boundaries: CR 3p ;7 51. S iL Legend -1U0.3{JN.FI E FROICIIC. N J HU ATrry I r- ci; mrc; rinr -'ror aieh nrrrlir SE VdCLL1 F r _ PRD1 C.:TICN OISTR.C al -4O ;IRE DISTRI:T ■S'rop:SXI rulatzac. Hip nc Fanbu: — �iQh:rar� — 1ie c kH CctirY}' rivedb — 3!ilfl4b Cs op : a.hdo. na Gouriy �. CxJTl' • CR 20 I —�+. 4aarlLoulrt} 160TH r —z I 11 AV lb TETRA TECH nv.�.lstralxtsan Gil T y.' a•.: -.K .n •. :.k.:l_ O?:: -� . aJSCu TI I .IIt;Ih.;, _Li 'dATANIF PPFLUJ! Clt:}FUMY Y!hWI? VL'JVi`.'. VOLS:FJ'•1Y.1 PRO POSFP M&Tarnp. P PFI INFR II1F IOtATION 'V'1J P6RFri TN PRE OIt-Rlf. SARFS MIJNOARIES PaJ.d Xi Td7' qj:1 Dde; SE'TEMEF E. S Drsimul E r LF. 9 Table 4: DJ South Gathering LLC — Matador Pipeline Route Fire District Contacts: Fire District: Contact: Title: SE Weld Fire Protection District Tom Beach Fire Chief Hudson fire Protection District Ken Ga brieison Fire Chief Platteville Gilierest Fire Protection District Dan Durkee Fire Chief A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated agricultural land. During negotiations with property owners, MG G considered placement of the Pipeline casements where it made the most sense to the property owners. In addition, see the map (Map 6) below illustrating the Pipeline route in comparison with the USDA Important Farmlands Map. Map 6; DJ South Gathering LLC, - Proposed Matador Pipeline Route Compared to the USDA Important Farmlands of Weld County Designation Layer: CR v U U a It Cl W G r C rs tgl Y7 rl, C Legend H,ljlirct' ntlD! :or/ Lra'alanc -'nm It IRavbcccsn.3 . rtgatc:l 1rcia.sd Lard Q7aI Ririe) ether L3 nd rirm {1!141ss U: F'a,R`k11':Ja Ur NdLlUnal (MK LEiT A PrimoIfley Ee:a.-r Irgate/ .tctadte r:p .n kcut~ 7;"J42OtE I I,dtlow$ ,,1;.ior Wald Gu.en y ReadS R�Iwa� a L.:i ACr'1S tiCunt'y" - -I Wald Cuuilk 1 I 1\-•-•7 sue" CT\ Ci CR4 TFTIVLTICW ,rw.1:I.roc;t.can VII ac -..n'. U - lt'�vlydyk—Th } Mr. . - tIrtie P W I3ili HuA.-4EBBlb.-:: 1 RF ^ATldl6R RIELr R %.LC.I XWT1' C)LnR{OC PROPOSED MATADOR PI 'ELISE ROUTE L-7CMT1'1F CflIPAR ED -C. I SIA IVA'CRTAIJT Fri R111 ANr)F n.7 WFIr}I:O I Nre. r)ar.4 CR 163 Mraaraaa.! anc'Ils 3n: -I ili'1-:4o1 Jatit 3EFTEABEF 1.771£ rlg.. flit 10 i. A discussion of how the proposal conforms with the guidelines of Chapter 2.2 of this Code and any other applicable code provision or ordinance in effect. The application materials for the proposed Project 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 Pipeline alignment is located in an area where there is already significant amount of oil and gas development. By locating the Pipeline in this area, MSG will be able to lower the overall impact of oil and gas development 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 suit{ice owner and the mineral owner/operations with respect to any developments of either the surface or the mineral estate. And 0.G. Goal 2. Ensure that the extraction of oil and gas resources conserves the land and minimizes the impact on surrounding land and the existing surrounding land uses. The Pipeline 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 thanCounty roads, the Pipeline will not travel through or underneath any significant structures. DJSG 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 future development plans for their property. By agreeing to an easement with each landowner, DJSG 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 a gricultura l lands and possible future land uses. DJSG has worked with each landowner to minimize impact to agricultural land. The casement agreements stipulate that they will provide compensation for loss of production as a result of the Pipeline installation. J. A Decommissioning Plan. The Pipeline will be designed to be safely operated for a projected lifetime of approximately 50 years. Integrity of the Pipeline will be regularly monitored during the life of the P ip el ine 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. 11 When the Pipeline is no longer useful to DJSG, it will be decommissioned and abandoned in accordance with applicable laws and regulations. Typical decommissioning process includes: flushing the pipeline free from all residual hydrocarbons, capping and sealing the ends of the pip cline, removing all above ground appurtenances and filling the pipeline with inert gas for stabilization. k. A description of any haul routes during construction, identifying the roads and bridges involved and the weight of the loads. A Traffic Narrative has been included with application materials. Haul routes would be dictated by the particular portion of the pipeline under construction. DJSG would likely use Weld County Road 49, Weld County Road 55, State Highway 52 and Interstate 76 as main haul routes from the receiving facility to transport pipe to construction sites. The proposed laydown yard for this pipeline construction is located in the town of Hudson's municipal limits. There are no proposed laydown yards for this project located in unincorporated Weld County. All access points off County Roads would be constructed to County standards with respect to visibility, drainage, mud tracking, and safe egress without stopping on County Roads to unlock any gates. The haul routes selected will be documented on maps that would 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 i rastructure. 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. The Pre -Application Meeting notes indicate the following items are to be described. Public Health Waste Handling Plan: Construction materials not utilized would be returned to the receiving facility or inventoried at Bennett Station. Hydrotest water would be discharged in accordance with all regulations. Wrappers and bottles generated from field crews would be taken away with the crew. Fuel Storage: There would be no fuel storage associated with this application. Potable water and sanitary sewage disposal: Bottled water would be provided for field and construction crews. Port -a -lets would be provided along the construction route. Planning Proposed signage, lighting and parking: There would be no permanent signage, lighting or parking associated with the proposed Pipeline application. If needed, portable lights would be used that are directed to the work area. Parking for crews would be minimal along the route in areas designated and approved by the property owners. 12 The following permits are required by additional jurisdictions for the construction of the proposed Pipeline. • State of Colorado Stormwater Pollution Prevention Plan • State of Colorado Spill Prevention Countermeasure Control Plan • US Department of Transportation (DOT) Pre -Construction Notification • DOT Operations and Maintenance Manual • DOT Damage Prevention Program • DOT Integrity Management Plan • DOT Drug and Alcohol Plan • DOT Emergency Response Plan • DOT Operator Qualification Program • DOT Public Awareness Program • OSHA Safety Programs • Environmental Protection Agency (EPA) Protected Species and Cultural Resource Permits and Surveys • Colorado Department of Transportation (CDOT) Road Crossing Permits • US Army Corps of Engineers (USACE) Pre -Construction Notification • Railroad Crossings • Irrigation DitchCrossings • Applicable UtilityCrossings 13 APEX Matador Project Biological Resources Assessment Report Proposed 41 -mile Matador Pipeline and Bennett Station in Adams and Weld Counties, Colorado DJ South Gathering, LLC July 13, 2018 INTRODUCTION DJ South Gathering, LLC is proposing to construct and operate the approximately 41 -mile Matador Pipeline and associated 72 -acre Bennett Station, hereafter referred to as the proposed Project (Attachment A, Figure 1). Occurring within Adams and Weld Counties, Colorado, the proposed Project's southern terminus at the proposed Bennett Station is located off Highway 79140, approximately three miles east of the town of Watkins, Adams County, Colorado. The approximately 41 -mile pipeline generally runs south -north from the proposed facility site to an existing facility at the intersection of County Roads 30 and 49 in Weld County. The proposed project has been routed/sited to minimize impact to the extent possible by utilizing existing corridors and disturbed areas. Installation of the pipeline will primarily consist of open -cut trenching; however, trenchless technology [horizontal directional drilling (HDD)] will be utilized at select locations such as roadways, utilities, water crossings, etc. Apex assumes in this analysis that all ponds, moderate to large streams, and canals/irrigation ditches will be avoided via HDD. The purpose of this desktop analysis is to evaluate the proposed Project for biological resources including aquatic resources such as waters of the United States (U.S.), state and federally listed threatened and endangered species, wildlife and cultural resources. PROJECT SETTING Topography Elevation of the proposed Project ranges from 4,798 feet above mean sea level (msl) at the existing facility at the northern terminus to 5,585 feet above msl in rangeland approximately 0.7 - mile east of the southern terminus at the Bennett Station. In general, the topography of the proposed Project generally decreases in elevation from south to north with localized decreases in elevation occurring at drainage crossings (Attachment A, Figure 2). Maximum slope does not exceed 7.7% The preliminary elevation profiles for the pipeline and Bennett Station is depicted below (Google Earth, 2018) Elevation Profile of Matador Pipeline: North to South North South Graph: Mu). Avg. Max Elevat+on. 4798. 5155, 5565 ft Range Totals: Distance. 41.2 mr f=lea. Gain+Loss. 1930 ft. -1156 ft Max Slope. 7.7%. -4.3% Avg Slope. 1.1%. -4.S% DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 2 Elevation Profile of Bennett Station: North to South Elevation Profile of Bennett Station: West to East West East Gfaph. Mint. Avg, Max Elevahot . 5564. 5571, 5574 0. Range Totals: Dmstance. 1576 ft Elev GalivLoss. 11.5 it, -129 ft North South Hydrology Five subwatersheds (HUC 12) are intersected by the proposed Project which include the Settlement of Manila (101900030902), Lost Sand Creek (101900030901), Lord Reservoir -Lost Creek (101900030905), Jim Creek -Box Elder Creek (101900030803), and Sky View School -Box Elder Creek (101900030804). These five subwatersheds are located within the major watershed (HUC 8), Middle South Platte — Cherry Creek (10190003) (EPA 2018). Aerial imagery, the United States Geological Survey (USGS) topographic maps, the USGS National Hydrography Dataset (NHD), and the National Wetlands Inventory (NWI) database indicate that there are numerous named USGS blue -lines, unnamed USGS blue -lines, and unnamed non -blue -line linear features intersected by the proposed Project. According to the USGS topographic map, the NWI database, or a combination of both resources, the proposed Project crosses two freshwater ponds. Additionally, the proposed Project intersects nine emergent wetlands as mapped by the NWI database (USFWS 2018a; Attachment A, Figure 3). The proposed Project does not intersect regulated floodplains in Adams County and there are three crossings of regulated floodplains in Weld County. (FEMA 2018; Attachment A, Figure 4). The proposed Project does not intersect any Critical Resource Waters (CRW), Gold Medal Waters, or Important Spawning Areas, as designated by the State of Colorado. In addition, no Designated Critical Habitat (DCH) waters under the Endangered Species Act (ESA) is intersected. Ecoregion and Vegetation The proposed Project occurs entirely within the Flat to Rolling Plains (25d) Level IV Ecoregion of the High Plains (25) Level III Ecoregion as mapped by the Environmental Protection Agency Level DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 3 III and IV Ecoregions of Colorado poster. The Flat to Rolling Plains is more level and less dissected than the adjacent Moderate Relief Plains. Soils are generally silty with a veneer of loess. Dryland farming is extensive, with areas of irrigated cropland scattered throughout the ecoregion. Winter wheat is the main crop, with a smaller acreage in forage crops. Land use is predominantly rangeland, in contrast to the cropland or mosaic of cropland and rangeland of surrounding ecoregions. Soils are silty and clayey barns, formed from eolian n sediments, shallower than the thicker loess -capped uplands of the Flat to Rolling Plains. Blue grams-buffalograss is the natural shortgrass prairie type of the area. Most common vegetative species expected include blue grama (Bouteloua gracili), buffalograss (Bouteloua dactyloides), threadleaf sedge (Carex filifolia), fringed sage (Carex crinita), Junegrass (Koeleria spp.), and western wheatgrass (Pascopyrum spp.) (Chapman et at 2006). Desktop analysis suggests that variations of Palustrine, Emergent or Palustrine, Scrub/Shrub wetlands may exist within the Project area. If wetland communities are present, the wetland vegetation anticipated include cattail (Typha spp.), rough cocklebur (Xanthium strumarium), plains switchgrass (Panicum virgatum), barnyard grass (Echinochloa spp.), bulrushes (Scirpus spp.), rushes (Juncus spp.) and sedges (Carex spp.) willows (Salix spp.) alder (Alnus spp.), peach -leaf willow (Salix amygdaloides) and cottonwoods (Populus spp.). Colorado Parks and Wildlife depicts the proposed Project intersects seven vegetation types (CPW 2013): • Agriculture is controlled use for production of biological products • Forested Riparian wooded interface between land and a river, stream or waterbody • Irrigated Ag is irrigated crops and fields • Grass/Forb Mix is rangeland co -dominated by grasses and forbs • Grass Dominated is rangeland dominated by annual and perennial grasses • Herbaceous Riparian is grasses, grass -like plants and forbs tolerant of intermittent flooding or saturated soils that are located in the transitional zone between land and a waterbody • Rangeland is a mix of non-native and native grasses, grass -like plants, forbs, or shrubs suitable for grazing or browsing use Soil Thirty-five different soil units are intersected by the proposed Project alignment. Table 1 lists the soil units within the 75 -foot corridor along the proposed Project (NRCS 2016). Table 1: Soils within a 75 -ft Corridor of the Proposed Project and at Bennett Station Soil ID Soil Series Slopes Flooded Ponded Drainage Permeability Hydric Adams County AaB Adena loam 0-3% No No Well drained Rapid No AcC Adena-Colby 0-3% No No Well drained No Rapid AcD Adena-Colby 3-9% No No Well drained Rapid No AsB Ascalon sandy loam 0-3% No No Well drained Rapid No DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 4 Soil ID Soil Series Slopes Flooded Ponded Drainage Permeability Hydric AsC Ascalon sandy loam 3-5% No No Well drained Rapid No At Ascalon- Platner 0-25% No No Well drained p No Rapid Avg Ascalon -Vona sandy loam 1-5% No No Well drained Rapid p No Lu Loamy alluvial land - - - - - - ReB Renohill loam 0-30% No No Well drained Slow No StD Stoneham loam 0-30% No No Well drained Moderate No TrE Terry -Tassel - Ulm fine sandy loam 3-20% No No Well drained Moderate No UID Ulm loam 5-9% No No Well drained Moderate slow to No TtD Truckton loamy sand 3-9% No No Well drained Moderately rapid No VnD Vona loamy sand 3_9% No No Well drained Rapid p No WmB Weld loam 1-3% No No Well drained Moderately low No WrB Weld- Deertrail 0-3% No No Well drained Moderately slow No WuE Wiley-Adena- Renohill 3-20% No No Well drained Moderate No Weld County 5 Ascalon sandy loam 0-3% No No Well drained Rapid p No 10 Bankard sandy loam 0-3% Frequently y No Well drained No Rapid 15 Colby loam 1-3% No No Well drained No Rapid 16 Colby loam 3-5% No No Well drained Rapid No 18 Colby-Adena -Adena y 3-9% No No Well drained Rapid No 25 Haverson loam 0-1% No No Well drained Moderate No 26 Haverson loam 1-3% No No Well drained Moderate No 35 Loup -Beal y sand � o -3o No No Poor Rapid No DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 5 Soil ID Soil Series Slopes Flooded Ponded Drainage Permeability Hydric 43 Nunn loamy sand 0-1 % No No Well drained Moderate slow to No 44 Olney loamy sand 1-3% No No Well drained Moderate No 47 Olney fine sandy loam 1_3% No No Well drained Moderate No 49 Osgood sand 0-3% No No Well drained Rapid No 61 Tassel fine sandy loam 5-20% No No Well drained Moderately rapid No 63 Terry fine sandy loam 3-9% No No Well drained p No Rapid 69 Valent sand 0-3% No No Well drained Rapid No 70 Valent sand 3-9% No No Well drained p No Rapid 72 Vona loamy sand 0_3% No No Well drained Rapid p No 73 Vona loamy sand 3-5% No No Well drained Rapid p No 79 Weld loam 1-3% No No Well drained Moderately low No 83 Wiley -Colby complex 3_5% No No Well drained p No Rapid Generally, the soils within the Project area are non-hydric, gently to moderately sloping, well drained sandy loam (NRCS 2017; NRCS 2018). Hydric soils are defined as soils that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part. Site -specific soil surveys are included as Attachment B. WATERS OF THE U.S. Under Section 404 of the Clean Water Act, the USACE has the authority to permit the discharge of dredged or fill material into waters of the U.S. The term "waters of the U.S." is defined as: • All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; • All interstate waters including interstate wetlands; • All impoundments of waters otherwise defined as waters of the U.S. under the definition; • All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters: (i) which are or could be used by interstate or foreign travelers for recreational or other purposes; or (ii) from which fish or shellfish DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 6 are or could be taken and sold in interstate or foreign commerce; or (iii) which are used or could be used for industrial purpose by industries in interstate commerce; and • The territorial seas. In 2006, Rapanos v. United States clarified that waters of the U.S. are also defined as: Traditional Navigable Waters (TNW) and their adjacent wetlands; non -navigable tributaries of TNWs that are relatively permanent; and wetlands that directly abut such tributaries. In addition, the Rapanos decision clarified that the USACE asserts jurisdiction over every water body that is not a relatively permanent water (RPW) if that water body is determined to have a significant nexus with a TNW. A significant nexus exists if the tributary, in combinations with all of its adjacent wetlands, has more than a speculative or an insubstantial effect on the chemical, physical, or biological integrity of a TNW. The limit of USAGE jurisdiction for non -tidal waters of the U.S. in the absence of adjacent wetlands is the ordinary high water mark (OHWM). "Ordinary high water mark" is defined as that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Wetlands are defined as those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (USACE 1987). To be considered a wetland, an area must have: (1) a prevalence of hydrophytic vegetation, (2) hydric soils, and (3) appropriate wetland hydrology. The feature must have a hydric connection or significant nexus to a waters of the U.S. in order to be considered jurisdictional under Section 404. Certain geographic features are generally not considered waters of the U.S. by the Environmental Protection Agency (EPA) and USACE. These geographic features include swales, erosional features, and small washes characterized by low volume, infrequent and short duration flow; ditches draining wholly uplands and that do not carry a relatively permanent flow of water; and upland transporting of overland flow generated from precipitation. In addition, isolated features that do not have a significant nexus or connection to a water of the U.S. are not considered waters of the U.S. and are not federally regulated. On May 27, 2015, the Environmental Protection Agency (EPA) and the USAGE announced a final rule redefining the scope of waters protected under the Clean Water Act (CWA). According to the agencies, the new rule revises the current definition of waters of the U.S. to be consistent with the CWA, legal rulings, the agencies' expertise and experience, and science concerning the interconnectedness of tributaries, wetlands, and other waters and effects of these connections on the chemical, physical, and biological integrity of downstream waters. The rule became effective on August 28, 2015. However, on October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed the Clean Water Rule nationwide pending further action of the court. In response, the EPA and USACE resumed the use nationwide of the agencies' prior regulations defining waters of the U.S. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 7 Using aerial imagery, the USGS topographic maps, the USGS NHD, and the NWI database, the proposed Project was reviewed for the presence of potential jurisdictional waters of the U.S., including wetlands. The proposed Project appears to intersect numerous named USGS blue - lines, unnamed USGS blue -lines, and unnamed non -blue -line linear features. According to the USGS topographic map, the NWI database, or a combination of both resources, six ponds were mapped in the proposed Project area. Additionally, the proposed Project intersects nine emergent wetlands based on the NWI database (USFWS 2018a). Each crossing of an aquatic feature that could be considered a potential waters of the U.S. intersected by the proposed Project is listed within Table 2 below. This table is not all inclusive of features potentially present within the proposed Project area. Field verification would be necessary to confirm the existence and boundaries of features present, and to estimate proposed Project impacts. The locations of these features are depicted in Figure 3 in Attachment A. The highlighted features are proposed for avoidance via HDD technology or were included in the study area but are not currently proposed for impact based on facility layout. Table 2 Potential Waters of the U.S. Intersected by the Proposed Project Feature ID Latitude Longitude USGS Blue- Line NWI1 Description2 Adams County MP 001 39.74568543 -104.5339476 Pond - Emergent wetland MP 001.1 39.73995759 -104.5354034 No - Swale/ephemeral stream MP 001.1a 39.739295 -104.532739 Pond Pf Emergent wetland MP 001.2 39.74105256 -104.5358423 No Pf Manmade pond MP 001.3 39.74162927 -104.5355687 No Pf Emergent wetland/pond MP 001.4 39.74320543 -104.5341162 No - Swale/ephemeral stream MP 001 39.74568543 -104.5339476 No Pf Emergent wetland/pond MP 002 39.76533038 -104.5170524 No - Emergent wetland/pond MP 003 39.77605083 -104.5170197 Yes R4SBC Ephemeral stream MP 004 39.80315427 -104.5180353 Yes Pf Ephemeral swa stream l e/em erg ent wetland or MP 005 39.80846247 -104.5179379 Yes Pf Ephemeral swa stream l e/em erg ent or wetland MP 006 39.81060374 -104.5179093 Yes R4SBC Ephemeral swale/emergent stream wetland or MP 007 39.81078522 -104.5178867 Yes PEM1A Ephemeral swa stream l e/em erg ent wetland or MP 008 39.81123226 -104.520236 Yes R4SBC Ephemeral stream swa l e/em erg ent or wetland MP 009 39.81129873 -104.5228449 Yes R4SBC Ephemeral swale/emergent stream wetland or MP 010 39.81132884 -104.5250959 Yes R4SBC Ephemeral swa l stream or e/em erg ent wetland MP 011 39.83193694 -104.5270588 Yes R4SBC Swale/Ephemeral stream MP 012 39.85164846 -104.5293086 No - Emergent wetland MP 013 39.86235014 -104.5270893 No - Swale/Ephemeral Stream MP 014 39.87679816 -104.5261722 Yes R4SBC Ephemeral stream/emergent wetland MP 015 39.88206221 -104.5261617 No - Swale/Emergent wetland MP 016 39.88639223 -104.526144 No - Swale/Emergent wetland DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 8 Feature ID Latitude Longitude USGS Blue- Line NWI1 Description2 MP 017 39.8903908 -104.526165 Yes R4SBC Swale MP 017.1 39.901599 -104.526388 Yes R4SBC/ PEM1A Swale/Emer ent wetland MP 018 39.90610129 -104.5262918 Yes R4SBC Swale MP 019 39.90963753 -104.5262814 No - Swale MP 020 39.91928839 -104.5266448 No PEM1A Swale/Emergent wetland MP 021 39.91943133 -104.5266508 No PEM1A Ephemeral swale/emergent stream wetland or MP 022 39.92159393 -104.5266677 No - Swale MP 023 39.9258255 -104.5267278 No - Swale MP 024 39.92701388 -104.5257732 No - Swale MP 025 39.92682766 -104.5147059 No - Swale MP 026 39.9265633 -104.5094484 No - Swale MP 027 39.93226026 -104.5085424 No - Swale MP 028 39.93654198 -104.5085606 No R4SBA Swale/Ephemeral stream MP 029 39.93684804 -104.5085968 No C PEM1C Ephemeral swale/emergent stream wetland or MP 030 39.94840818 -104.5086901 No - Swale MP 031 39.95316741 -104.5087477 No R4SBA Swale MP 032 39.95377366 -104.5087812 Yes R4SBA Swale MP 033 39.95508677 -104.5087702 No - Swale MP 034 39.97155159 -104.5089703 No - Swale MP 035 39.98523109 -104.5090917 No - Swale MP 036 39.99203614 -104.509136 No - Swale Weld County MP 037 40.00101297 -104.518606 Yes R4SBC/ PEM1K K Ephemeral wetland stream/emergent MP 038 40.00106437 -104.5238743 Yes R4SBC Swale MP 039 40.00471792 -104.5266933 Yes R4SBC Swale MP 040 40.01327739 -104.526737 Yes R4SBC Swale MP 041 40.0179542 -104.5283742 Yes R4SBC Swale MP 042 40.02081941 -104.527632 Yes R4SBC Swale MP 043 40.02243182 -104.5276863 Yes R4SBC Swale MP 044 40.03581735 -104.527605 No - Ephemeral stream or swale MP 045 40.03704053 -104.5276013 Yes R4SBC Ephemeral swale/emergent stream or wetland MP 046 Jim Creek 40.04369628 -104.5388183 Yes R4SBC Swale MP 047 40.05837365 -104.5690666 No - Ephemeral stream or swale MP 048 Denver- Hudson Canal 40.05845468 -104.5785468 No R4SBC Perennial canal MP 049 40.05846458 -104.5787964 No Pf Emergent wetland MP 050 40.06147672 -104.5840742 No - Swale/Emergent wetland MP 051 40.06827733 -104.5846138 No - Ephemeral/Intermittent/Emer gent wetland MP 052 40.07465722 -104.585519 No - Swale/Emergent wetland DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 9 Feature ID Latitude Longitude USGS Blue- Line NWI' Description2 MP Jim Lateral 053 No 1 40.09174643 -104.5881343 Yes R5UBFx /Pf Canal (underground) MP 054 Jim Creek 40.10286609 -104.5882514 Yes R4SBC/ PEM1C Ephemeral swale/emergent stream or wetland MP 055 Jim No 2 Lateral 40.11915209 -104.5889198 Yes R4SBC Perennial canal MP 056 40.12653896 -104.5908583 No - Emergent wetland MP 057 Box Elder Creek 40.13951198 -104.6106077 Yes PEM1C Perennial stream/emergent Wetland MP 058 Box Elder Creek 40.139547 -104.6127214 Yes PEM1C Perennial wetland stream/emergent MP 059 40.17558351 -104.622163 No - Emergent wetland MP 060 40.18630421 -104.6212238 No - Emergent wetland MP 061 40.18738276 -104.6196549 No - Emergent wetland 1 PE M 1 A — Palustrine, Emergent, Persistent, Temporary flooded; PEM1C — Palustrine, Emergent, Persistent, Seasonally flooded; PEM1 K— Palustrine, Emergent, Persistent, Artificially flooded; Pf — Palustrine, farmed; R4SBA — Riverine, Intermittent, Streambed, Temporary flooded; R4SBC — Riverine, Intermittent, Streambed, Seasonally flooded; R5UBFx — Riverine, Unknown Perennial, Unconsolidated Bottom, Semipermanently flooded, Excavated 2Based on preliminary desktop analysis. Field verification required to confirm actual site conditions. Please note the final authority in determining jurisdiction of a tributary or wetland, including significant nexus decisions, rests with USACE. Requirements for Preconstruction Notification Section 404 of the Clean Water Act regulates discharge and fill in waters of the U.S. The USACE authorizes the construction, maintenance, or repair of utility lines, and the associated excavation, backfill, or bedding for utility lines under Nationwide Permit 12. Utility line projects are typically authorized without PCN to the USACE provided there is no change in pre -construction contours and the project meets all general conditions. A PCN to and written authorization from the USACE is required for the proposed Project, if any of the following criteria as listed below are met at a single and complete crossing. Field verification to confirm all the assumptions below is required. Mechanized land clearing in a forested wetland for the utility line right-of-way is required Based on a review of available sources, it does not appear that the proposed Project intersects any forested wetlands. A Rivers and Harbors Section 10 permit is required No resources identified as a Section 10 water is intersected by the proposed Project. The utility line in waters of the U.S., excluding overhead lines, exceeds 500 feet Based on a review of available sources and the proposed Project construction plan, features that may be impacted for greater than 500 linear feet are proposed for avoidance. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 10 The utility line is placed within a jurisdictional area (i.e., water of the United States), and it runs parallel to a stream bed that is within that jurisdictional area Based on a preliminary review of available sources, the proposed Project does not appear to run parallel to a stream bed and within a jurisdictional area. Discharges that result in the loss of greater than 1/10 -acre of waters of the United States Impacts to waters of the U.B. that would result from the proposed pipeline construction are generally considered temporary, provided all construction is temporary in nature and the features are restored to preconstruction contours, such that no net loss of waters occurs. For this proposed Project, open -cut trenching activities would be consistent with this designation of temporary impacts. However, mechanically clearing a forested/shrub wetland for the installation and/or maintenance of a pipeline easement is considered a conversion of a forested/shrub wetland into an emergent wetland and would result in a loss of certain wetland functions. This is considered by the USACE to be a permanent impact and loss of waters of the U.S. As the aquatic resources have not been field verified and the construction plan for the proposed Project has not been finalized, potential losses to waters of the U.S. cannot be estimated at this time. Permanent access roads are constructed above grade in waters of the United States for a distance of more than 500 feet, and/or permanent access roads are constructed in waters of the United States with impervious materials (Sections 10 and 404) No permanent access roads in waters of the U.S. are known to be proposed for the proposed Project at this time. 2017 Colorado Regional Conditions Applicability The USACE Albuquerque District has issued regional conditions applicable to all projects within the state of Colorado. These regional conditions issued in 2017 list five Regional Conditions Applicable to Specific Nationwide Permits within theState of Colorado. Based on the anticipated authorization of the proposed Project by NWP 12, one condition would likely be applicable to the proposed Project as described below: 1. Nationwide Permit No. 12 Utility Line Activities: Notification to the District Engineer in accordance with General Condition (GC) No. 32, PCN is required for utility line activities that propose open trenching in perennial waters or for the purpose of creating a water intake. Utilizing information from multiple sources as described within this analysis, approximately four crossings of perennial streams/canals by the proposed Project are estimated. It has been communicated to Apex that all perennial water features will be avoided utilizing HDD bores. Field verification of the potential resources intersected would be required. In addition, the proposed Project will be utilized for the transmission of crude oil and will not result in the withdrawal of water from a stream/river. No PCN is required for this criterion. In addition, the 2012 regional conditions in Colorado include four conditions identified as Regional Conditions Applicable to All Nationwide Permits within the State of Colorado. None of the four listed conditions apply to the proposed Project as it is not located within or in the vicinity of important spawning areas (Gold Medal Waters), fens or springs. Soils removed during construction will be utilized as backfill and the use of temporary fills is not anticipated. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, Co July 2018 Page 11 FEDERALLY LISTED THREATENED AND ENDANGERED SPECIES The United States Fish and Wildlife Service (USFWS) has authority under the Endangered Species Act (ESA) to list and monitor the status of species whose populations are considered imperiled. Species listed as threatened or endangered by the USFWS are provided full protection under the ESA including a prohibition of indirect "take." The term "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct with regards to a federally -endangered species. According to the USFWS Information for Planning and Consultation (IPaC; Attachment C), nine federally listed species should be considered in an effects analysis for the proposed Project: Preble's meadow jumping mouse (Zapus hudsonius preblei), least tern (Sterna antillarum), Mexican spotted owl (Stria occidentalis lucida), piping plover (Charadrius melodus), whooping crane (Grus americana), pallid sturgeon (Scaphirhynchus albus), Colorado butterfly plant (Oenothera coloradensis), Ute ladies' -tresses orchid (Spiranthes diluvialis), and western prairie fringed orchid (Platanthera praeclara) (USFWS 2018b). No designated critical habitat is intersected by the proposed Project. Table 3 provides a summary review of threatened and endangered species considered in an effects analysis for the proposed Project. Table 3: Federally Listed Species Reviewed Species Federal Status Habitat Species proposed likely boundary? to occur Project in Mammals Typically inhabits heavily vegetated streamside riparian habitats with adjacent grassland cover in southeastern Wyoming, southward along the eastern edge of the Front Range foothills south Highly unlikely; while the to Colorado Springs in El Paso proposed Project occurs County, Colorado (USFWS within the overall species 2014a). Grassy uplands at least as range (CPW 2017a), the far out as 100 meters beyond the nearest known occupied Preble's meadow 1(0 -year floodplain are also occurrence is over 12 miles to Gump in mouse T utilized. indigenous Associated and introduced with the northwest addition, (CPW the 2011). proposed In (Zapus preblei} hudsonius mature/dense/tall such as little bluestem grass species � and p cheat Project disturbed J is almost upland exclusively and y grass. According to the federal potential wetland and/or listing, this species is not found in riparian habitat appears very highly disturbed areas, limited and will be avoided via landscaped and maintained lawns, HDD, as appropriate. irrigation ditches with no vegetation, channels where water is diverted underground, or sites that are maintained as cropland (USFWS 1998). DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 12 Species Federal Status Habitat Species likely to occur in proposed Project boundary? Birds Nests along sand and gravel bars within braided streams, rivers; man-made structures (inland least (Sterna tern antillarum) E(USFWS beaches, plants, wastewater gravel 1985). Colorado treatment mines, is on etc.)sand the No; no streams and the proposed gravel or rivers bars within Project with periphery breeding of range; the interior least rarely do tern's they boundary. breed in the southwestern part of the state near the Arkansas River (USFWS 1985). Inhabits wide, sparsely vegetated sand or gravel beaches adjacent to vast alkali lakes or rivers (Haig 1992). They can also utilize washed-out hillside beaches on smaller semi -permanent alkali piping plover wetlands. In Colorado, piping No; barren sand or gravel (Charadrius T plovers occur as migrants and beaches are absent from the melodus) arrive around the first of April with proposed Project boundary. most having passed through by the end of May (CPW 2017b). The piping plover is most likely to be observed in the Arkansas River and South Platte River drainages in eastern Colorado (CPW 2017b). Primarily nesting in closed -canopy forests or rocky canyons, the Mexican spotted owl appears to prefer cooler crocli m ates microclimates (USFWS 2013). The forests utilized by this species for roosting and nesting frequently contain Mexican spotted mature or old -growth stands with No; no coniferous trees or owl (Strix occidentalis T complex uneven structure, -aged, multistoried, are typically and canyons Projest . within the proposed lucida) have high canop y py closure boundary. (USFWS 2013). All records of the Mexican spotted owl in Colorado are from the San Juan Mountains in southwestern Colorado and from the Front Range as far north as the vicinity of Denver (USFWS 1993) . Resting while migrating, whooping No; marshes, shallow lakes, whoopin crane g E cranes roost shallow water standing of in the marshes, flooded lagoons, stubble salt flats, fields, grain and and barrier (Grus americana) crop fields, artificial ponds, islands are not within the DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 13 Species Federal Status Habitat Species likely to occur in proposed Project boundary? reservoirs, 1994). tall Wetlands trees and rivers surrounded or other (USFWS by visual proposed and extirpated species Project in Colorado. boundary is likely obstructions or marked with dense vegetation are not used. The birds select sites with wide, open panoramas away from human activity. Whooping cranes have not been seen in Colorado since 2010 (CPW 2017b). Fishes pallid sturgeon (Scaphirhynchus albus) F Occupies large, turbid, free - flowing riverine habitat, typically in strong currents over firm gravel or sandy substrate. Sturgeons primarily utilize main channel, secondary channel, and channel border habitats and are rarely observed in areas without flowing water (USFWS 2014b) . While the pallid sturgeon does not occur in Colorado, the fish inhabits the lower reaches of the Platte River and disturbances to tributaries of the South Platte River in Colorado may impact the species downstream. No; the proposed Project will not cross the South Platte River and no water would be removed from the South Platte River as part of the project. Plants Colorado butterfly plant (Oenothera caloradensis) Ute ladies' -tresses orchid (Spiranthes diluvialis) T T Occurs on subirrigated, alluvial soils, on level or slightly sloping floodplains and drainage bottoms at elevations of 4,850 to 6,400 feet. Populations are typically found in habitats created by streams active within floodplains, with vegetation that is relatively open. Often found in low depressions, or along bends in wide, meandering stream channels (USFWS 2017). Originally thought to only inhabit early successional riparian habitats such as moist stream beds, wet meadows, point bars, sand bars, abandoned stream channels, and low lying gravelly, sandy, or cobbly edges, this species has also been found in Na; while the proposed Project occurs within the overall species range (CPW 2017a), the nearest known occupied occurrence is over 18 miles to the east (CPW 2011). No; Currently only 16 populations are reported to occur in Colorado with most populations occurring along the Front Range. Only one occurrence, identified for the first time and last time in 1856, is known in nearby DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 14 Species Federal Status Habitat Species proposed boundary? likely to occur in Project seasonally subirrigated abandoned flooded or stream river spring channels terraces, -fed and Weld county as extirpated, County. population and The is reported no Weld known valleys, and lakeshores (Fertig et historic or current al. 2005). In addition, populations occurrences are known in have been discovered along Adams County (USFWS irrigation canals, berms, levees, 1996). irrigated meadows, excavated gravel pits, roadside barrow pits, reservoirs, and other human modified wetlands (Fertig et al. 2005). Usually prairies primarily found and along in wet swales calcareous meadows, and in western fringed praeclara Platanthera orchid prairie T marsh found undisturbed 2014c).While occur Mississippi water along in -related areas, Colorado but roadside grassland the and activities/use (found Missouri has ditches plant also been and USFWS does along the Rivers), in the not No; not River removed Platte pr oject. The cross and River ect. proposed no the South water from as the part Project would Platte South of will the be South impact Platte the species River downstream Basin may in Nebraska. No further action is recommended for federally listed species. COLORADO PARKS AND WILDLIFE LISTED SPECIES Five species are state listed in CPW's Species Activity Mapping (SAM) data as having overall range, foraging area, concentration area, or winter range within and around the proposed Project, including black -tailed prairie dog (Cynomys ludovicianus), Preble's meadow jumping mouse (Zapus hudsonius preblei), mule deer (Odocoileus hemionus), western burrowing owl (Athene cunicularia) and white-tailed deer (Odocoileus virginianus). The potential for the Preble's meadow jumping mouse to occur at the proposed Project was previously discussed above in Table 3. GPW listed black -tailed prairie dogs as having an overall range intersecting the proposed Project. These highly social rodents live in colonies made up of burrows in the ground. Several species depend on prairie dogs, either as prey or, as in the case with burrowing owls, to use their burrows. Prairie dogs receive no federal or state protection but may sometimes be regulated by local municipalities; however, the species is considered a keystone species, a species that has a disproportionately large effect on the communities in which it occurs. Prairie dogs utilizes short - grass prairie as habitat which is expected in large expanses of the proposed Project. Field reconnaissance would be required to determine the locations and boundaries of active colonies, if any, within the proposed Project boundaries. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 15 The proposed Project is located within the mule and white-tailed deer overall range. Prospect Reservoir and the nearby Horse Creek Reservoir (approximately 3 -miles west), both in the vicinity of the Adams -Weld County line, are designated as mule deer winter concentration areas and white -tail deer concentration areas. The designation focuses around the two reservoirs and extends north into Weld County (CPW 2017c). Due to vegetation preferences, which includes woody vegetation and crops, they would likely remain outside of the proposed Project, but may pass through. Additionally, no tall vegetation is anticipated within the proposed Project boundary that would provide refuge for deer and other larger animals. If deer or other transient species are present at the proposed Project, they will likely leave at the onset of construction. The nearest big game migration corridor identified in the area is located approximately 3.5 -miles west of the proposed Project, adjacent to the western boundary of Horse Creek Reservoir. While not listed in SAM data, CPW lists seasonal restrictions for nesting raptors, including red- tailed hawk (Buteo jamaicensis), Swainson's hawk (Buteo swainsoni), osprey (Pandion haliaetus), ferruginous hawk (Buteo regalis), peregrine falcon (Falco peregrinus), prairie falcon (Falco mexicanus), northern goshawk (Accipiter gentilis), and burrowing owl (Athene cunicularia). Based on a desktop analysis, it is likely that there are trees suitable for nesting raptors within 'A mile of the proposed Project, which is the maximum recommended seasonal buffer zone for the listed raptors. In addition, 22 known raptors nests of varying status were identified within '/-mile of the proposed Project in Weld County (Attachment A, Figure 5). Seasonal recommended restriction dates by CPW range fromas early as February 1st to as late as July 31s- New construction activities during this time period should include clearance surveys conducted by a qualified biologist prior to disturbance. Burrowing owls are listed as a threatened species by the state of Colorado and are federally protected by the MBTA. The western burrowing owl is locally common in northeast Colorado and utilizes the burrows of prairie dogs within actively inhabited and maintained prairie dog towns for nesting. Potential burrowing owl habitat on or within 150 feet of the proposed Project is anticipated due to the high potential for active prairie dog colonies. Habitat can be created or become undesirable dependent on current colonization patterns of prairie dogs. Field reconnaissance would be required to determine the locations and boundaries of active colonies, if any, within the proposed Project boundaries. Any new construction activities between March 15th and October 31st should be preemptively accompanied by clearance surveys conducted by a qualified biologist. MIGRATORY BIRDS The MBTA makes it illegal to "pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird...or any part, nest, or egg of any such bird." Harm to a migratory bird, active nest, or eggs are prohibited by the MBTA; however, the destruction of habitat or inactive nests is not. While not a comprehensive list of all migratory birds that may be at or in the vicinity of the proposed Project, the USFWS has listed nine migratory birds of conservation concern that might be affected by project activities, including the burrowing owl (Athene cunicularia), Cassin's sparrow (Airnophila cassinii), golden eagle (Aquila chrysaetos), hudsonian godwit (Limosa haemastica), lark bunting (Calamospiza melanocorys), lesser yellowlegs (Tringa flavipes), mountain plover DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 16 (Charadrius montanus), willet (Tringa semipalmata), and willow flycatcher (Empidonax traillii) (USFWS 2018). Of these nine species, the burrowing owl and mountain plover are the only ground nesting birds with a breeding range that overlaps the proposed Project. Mountain plover, like burrowing owls, use prairie dog colonies to provide suitable breeding habitat ICECAP 2016). Suitable mountain plover habitat may exist within the proposed Project boundaries; however, mountain plovers are not typically known to nest in Adams County and in discrete portions of Weld County. Field reconnaissance of potential habitat is recommended if disturbance activities will be conducted April 1st through July 31st. If construction activities are expected to commence within the nesting season for the burrowing owl (March 1 " to October 31st), presence/absence surveys by a qualified biologist are recommended. BALD EAGLES While the bald eagle (Haliaeetus leucocephalus) has been delisted due to recovery, this species is still protected under the BGEPA. This species, as well as the golden eagle, is found primarily near rivers and large lakes and nests in tall trees or on cliffs near water (USFWS 2007). One known bald eagle nest within 'AA mile of the proposed Project was identified and located in the vicinity of the Hudson Canal in Weld County (CPW 2017c; Attachment A3 Figure 5). In addition, trees suitable for nesting eagles are expected to be in the vicinity of the proposed Project. Any construction activities conducted between October 15th and July 31st should be accompanied by surveys conducted by a qualified biologist prior to disturbance. CULTURAL RESOURCES Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires federal agencies, agencies, including the USAGE, to take into account the effects of their undertakings on historic properties. The USACE's implementation of this rule is acknowledged in General Condition 20 of NWP 12. Projects utilizing federal funds, located on federal land, and/or requiring permits, license, or permission from a federal agency must comply with Section 106. Colorado Statute — CRS 24-80-401-4011 requires consultation with the office of state archaeologist (OSA) when activity may affect cultural resources on state public land and the OSA shall issue permits for cultural resource investigations on public land. To Apex's knowledge, approximately 1.5 miles of state land may need to be surveyed along the pipeline corridor in Weld County. Coordination with the state and the OSA will be conducted to determine the extent of investigation required. A review of records of the Colorado Office of Archaeology and Historic Preservation's (OAHP) online compass database was completed in June 2018 to identify previously conducted inventories and previously recorded sites near the proposed Matador Adams County to Platteville Pipeline (Project), which consists of an approximately 40 -mile -long pipeline and an associated facility in Adams County, Colorado. It has been communicated to Apex that all railroads, canals and perennial waterways will be avoided vi.a HDD. The desktop review extended the full length of the proposed pipeline and covered 0.5 miles on either side of the centerline, for a total width of 1 mile. A variety of previously conducted cultural resources surveys, including projects for oil and gas development, an airport, a sewage treatment plant, and federal agencies, are inside the file DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 17 search area. Within the 1 -mile -wide file search area, there are 15 previously recorded sites. Of these, six intersect the pipeline centerline, and include a road, one cutoff, one transmission line, one railroad, one canal, and one historical habitation site. Table 4 summarizes the previously recorded sites that intersect the centerline, including each resource's eligibility and general location along the proposed route. A review of the topographic maps, coupled with the Compass records, indicates there is one railroad that intersects the pipeline centerline that is unrecorded within the file search area, but has a documented site number and National Register of Historic Places (NRHP) determination from at least one recording that occurred outside the 0.5 -mile review area. The Burlington Northern Railroad (5WL1423, officially eligible) crosses the centerline approximately 0.2 miles north of AGV No. 4 in Weld County. Table 4 — Summary of Previously Recorded Sites Site Number Site Name/T a y County General Location y� Eligibility 5AM149 Box Living Road Elder- Springs Field not eli ible g Adams Bennett Station 5AM147 Ft Morgan Cutoff Field not eligible Adams Bennett Station 6AM4 Kansas Pacific Field not eligible Adams 1.7 Station miles north of Bennett Railroad 5AM1531 Historic habitation Officially not eligible 9 Adams 210 south ft. west of of AGV line; No. 1 2.1 miles 5AML3154.2 Hoyt Street transmission -Terry Does support (not eligible) not linear Weld 6.5 miles south of AGV No. Denver enver Hudson canal Field eligible g Weld AGV No. Two topographic features were identified that cross the proposed Project pipeline. Both consist of segments of the Jim No. 1 Lateral (Weld County), which appears to be unrecorded in the Compass database. Based on the file searchresults, a high density of historical sites is anticipated to be found during the inventory of the proposed Project and field survey is recommended. Many of these sites are expected to be linear resources, primarily canals, but with some railroads also present. A low site density of prehistoric sites is expected to be found (Alpine 2018). All known resources identified as eligible for listing on the NRHP are proposed for avoidance; however, field survey is recommended to assess areas of federal nexus in order to satisfy Section 106 requirements. The complete cultural resources review is included as Attachment D. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 18 SUMMARY AND RECOMMENDATIONS Numerous linear and non-linear water features, and special aquatic sites, including emergent wetlands, were identified as potentially intersected by the proposed Project. A list of the potential features identified is included in Table 2. The table is not all inclusive of features potentially present within the proposed Project area. Field verification would be necessary to confirm the existence and boundaries and in order to permit impacts, as necessary. The locations of these features are depicted in Figure 3 in Attachment A. • Habitat for the nine federally -listed species in Adams and Weld County is not anticipated within the proposed Project boundaries. However, field verification is recommended to confirm. • One known bald eagle nest within 1,4 mile of the proposed Project was identified and located in the vicinity of the Hudson Canal in Weld County and 22 known raptors nests of varying status were identified within 1 -mile of the proposed Project in Weld County. In addition, trees suitable for nesting eagles and raptors are expected to be in the vicinity of the proposed Project. Any construction activities conducted between October 15th and July 31st should be accompanied by surveys conducted by a qualified biologist prior to disturbance. • If initial land disturbance is anticipated from March 15th to October 31st, a resurvey for potential burrowing owl habitat should be conducted. If potential habitat is found,, surveys should be conducted in accordance with the CPW Recommended Survey Protocol and Action to Protect Nesting Burrowing Owls should be conducted prior to the start of construction. • Suitable mountain plover habitat may exist within the proposed Project boundaries; however, mountain plovers are not typically known to nest in Adams County and in discrete portions of Weld County. Field reconnaissance of potential habitat is recommended if disturbance activities will be conducted April 1st through July 31st. • The proposed Project is located within the mule and white-tailed deer overall range. Prospect Reservoir and the nearby Horse Creek Reservoir (approximately 3 -miles west), both in the vicinity of the Adams -Weld County line, are designated as mule deer winter concentration areas and white -tail deer concentration areas. The designation focuses around the two reservoirs and extends north into Weld County. Due to vegetation preferences, which includes woody vegetation and crops, they would likely remain outside of the proposed Project, but may pass through. If deer or other transient species are present at the proposed Project, they will likely leave at the onset of construction construction of the site should follow best management practices (BMPs) outlined by the CO CC to minimize adverse impacts from oil and gas operations. Potential BMPs include exclusion fencing; avoidance of unnecessary disturbance to habitats by driving on existing roads; working only in the required area; avoiding streams, wetlands, or riparian zones; and monitoring for unintended consequences to wildlife. A► stormwater Management Plan for the site has been developed to reduce runoff, offsite erosion and sedimentation, and dust production during construction. • In areas of trenching, any trenches left overnight should be covered, or a means of egress provided for any wildlife that may enter the trench. Trenches should be checked for wildlife before commencing work the following day and any trapped wildlife removed and allowed to exit the construction area. If a sensitive species is found or suspected, work should stop while a qualified biologist is contacted to relocate the animal. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 19 • Fifteen archeological sites are recorded within 1 -mile of the proposed Project centerline. All known resources identified as eligible for listing o►n the NRHP are proposed for avoidance; however, field survey is recommended to assess areas of federal nexus in order to satisfy Section 106 requirements. Based on the file search results, a high density► of historical sites and a low site density of prehistoric sites is anticipated to be found during field survey. Many of these sites are expected to be linear resources, primarily canals, but with some railroads also present. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 20 REFERENCES (Alpine) Alpine Archaeological Consultants, Inc. A Cultural Resources Desktop Review of the Proposed Matador Adams County to Platteville Pipeline. June 20, 2018 (CRAP) Colorado Bird Atlas Partnership. 2016. The Second Colorado Breeding Bird Atlas. L.E. Wickersham, ed. Denver, Colorado. 727 pp. Chapman, S.S., Griffith, G.E., Omernik, J.M., Price, A.B., Freeouf, J., and Schrupp, D.L., 2006, Ecoregions of Colorado (color poster with map, descriptive text, summary tables, and photographs): Reston, Virginia, U.S. Geological Survey (map scale 1:1,200,000). (CDOW) Colorado Division of Wildlife. 2011. Colorado Species Distribution. Layer package. Available online at: http:f/ndis.nrel.colostate.edu/ftpfindex.html. (Accessed June 2018) (CPW) Colorado Parks & Wildlife. 2013. To produce a general level vegetation map for the State of Colorado. Basinwide Layer Package. Available online at: http://www.arcgis.com/home/item. html?id=893739745fcd4e05af8168b7448cda0c. (Accessed July 2018) (CPW) Colorado Parks & Wildlife. 2017a. Prebles Meadow Jumping Mouse (overall range). Available online at: http://cpw.state.co.usllearn/Pages/KMZ-Maps.aspx. (Accessed June 2018) (CPW) Colorado Parks & Wildlife. 2017b. Species Profiles. Available online at: http://cpw.state.co.us/learn/Pages/SpeciesProfiles.aspx. (Accessed in June 2018) (CPW) Colorado Parks & Wildlife Species Activity Mapping (SAM). 2017c. Available online at: https://www.arcgis.comihomefitem.html?id 190573c5aba643a0bc058e6f7f0510b7.. (Accessed in June 2018) (EPA) United States Environmental Protection Agency. 2018. Surf Your Watershed. Available online at: http://cfpub.epa.govlsurfllocate/index.cfm. (Accessed in June 2018) (FEMA) Federal Emergency Management Agency. National Flood Hazard Layer. Available at https://www.fema.govinational-flood-hazard-layer-nfhl. (Accessed June 2018) Fertig, W., R. Black, and P. Walken. 2005. Rangewide Status Review of Lite Ladies' -Tresses (Spiranthes diluvialis). Prepared for the U.S. Fish and Wildlife Service and Central Utah Water Conservation District. 101 pp. Google Inc. 2018. Google Earth Elevation Profile, version 7.3.1.4507 Accessed July 2018. Haig, S.M. 1992. Piping Plover. In: The Birds of North America, No.2 (A. Poole, P. Stettenheim, and F. Gill, Eds.). Philadelphia: The Academy of Natural Sciences; Washington, DC: The American Ornithologists' Union. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 21 (NRCS) Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. 2016. Available online at http://websoilsurvey.nres.usda.gov/. (Accessed in July 2018) (MRCS) Natural Resources Conservation Service. 2017. Lists of hydric soils, national list, all states. Available online at: https://www.nres.usda.gov/Internet/FSE_DOCUMENTS/nreseprd 1316619.html. (Accessed in April 2018) (NRCS) Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. 2018. Official Soil Series Descriptions. Available online. Accessed July 2018. (USFWS) U.S. Fish and Wildlife Service. 1985. Endangered and Threatened Wildlife and Plants; Interior Population of the Least Tern Determined to be Endangered. Federal Register 50:21784-21792. (USFWS) U.S. Fish and Wildlife Service. 1993. Endangered and Threatened Wildlife and Plants; Final Rule to List the Mexican Spotted Owl as a Threatened Species. Federal Register 58:14248-14271. (USFWS) U.S. Fish and Wildlife Service. 1994. Whooping Crane Recovery Plan. Albuquerque, New Mexico. 104 pp. (USFWS) U.S. Fish and Wildlife Service. 1998. Endangered and Threatened Wildlife and Plants; Final Rule to List the Preble's Meadow Jumping Mouse as a Threatened Species. Federal Register 63(92):26517-26530. (USFWS) U.S. Fish and Wildlife Service. 2007. Endangered and Threatened Wildlife and Plants; Removing the Bald Eagle in the Lower 48 States from the List of Endangered and Threatened Wildlife. Federal Register 72:37346-37372. (USFWS) U.S. Fish and Wildlife Service. 2013. Mexican Spotted Owl (Strix occidentalis lucida). Available online at: http://www.fws.govlsouthwestles/MSO_Main.html. {Accessed June 2018) (USFWS) U.S. Fish and Wildlife Service. 2014a. The Preble's Meadow Jumping Mouse 5 -year Review. 15 pp. (USFWS) U.S. Fish and Wildlife Service. 2014b. Revised Recovery Plan for the Pallid Sturgeon (Scaphirhynchus albus). Denver, Colorado. 115 pp. (USFWS) U.S. Fish and Wildlife Service. 2014c. Species Profile Western Prairie Fringed Orchid (Platanthera praeclara). http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=Q2YD. (Accessed April 2018) DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 22 (USFWS) U.S. Fish and Wildlife Service. 2017. Species Biological Report for Colorado butterfly plant (Oenothera coloradensis; formerly Gaura neomexicana subsp. Coloradensis). Available online at: https:/fwww.fws.gov/wyominges/PDFs/BO_Reports12o170607 BiologicalReport_Colora dobutterflyplantFinal.pdf. (Accessed April 2018) (USFWS) U.S. Fish and Wildlife Service. 2018a. National Wetlands Inventory. Available online at: http://www.fws.goviwetlands/Data/Mapper.html. (Accessed in June 2018) (USFWS) U.S. Fish and Wildlife Service. 2018. IPaC — Information Planning and Conservation System. Available online at: http://ecos.fws.gov/ipac/. (Accessed June 2018) DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 23 ATTACHMENT A Figures f Figure 1: Project Location Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 Legend J43 Project Facility t;t*pr 3 15 n!rril rs-.1 Sources: Esri, HERE, DeLorme`JUSGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Mapmylndia, NGCC, `> OpenStrootMap contributors, and the GIS User Community penStreetMap contributors, S'0uroe. Esri:, q [ 'S, AeroGRI IG"�l, ackat7e C 0 1:190,080 1 Inch - 3 miles 3 Miles rII UPL0 ... _ . - it 1 ' �•_ ra N y �_ MS ` dam t^ 1.��FF' - - - - s � ^.. a tST 4r) I_ ' } 'fit C -'11) n _ u�M - �. . 1' — ' ry ,,1- . 1 ' is I' I k •fir is. 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L-'�vlp f'ai'l �.'� g -'00 Astai I D Figure 4: FENIA Floodplain Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2©18 Apex Project No. 725050949001 rce: Esri, DigitalGlobe, N1, and the GIB' Lisa Coi h 41.1_ - =, 2,;Armrt,r Figure 4: FEMA Floodplain Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 sz. pot 100 -year FEMA designated FIoodzone IL 148 tli'Ahti • iii 1 Esri, HERE, DeLorme, M Ealhstar Gecxi rapt] Ch �4' iti ro 1,cLII _� �1 =,moo I "°'i�'." .0.e'1- sut [' . a �'_ " ,1"ty 'A .i f --`f :'y 5� I'"n "C�P'.�_=_t-�: L>�� I_:,_ �C�;�'-0 !: '�.�_:_ , �n:�L:, Q�.f Ln ���: t� f�-�,� �.�� �'c�::�'�vllni.ilras': Figure 4: FEMA Floodplain Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 Page 9 of 9 Legend Project Facility 100 -year FEMA Designated Floodzone 2,000 1,000 0 1:24000 1 inch = 2,000 feet 2,000 Feet :` N APEX • IT treetMap ranfrhu'tars, Source- - DS, USDA, USES, AeroGRID, Figure 5: Known Raptor Nests Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 24 ATTACHMENT B Site Specific Soil Reports 40° 14' 35" N 39° 41' 48" N 104° 50'1"W 101° 50' 1" W Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Colorado; and Weld ... (Matador Pipeline) A 5z3000 Map Scale: 1:296,000 if printed on A portrait (8.5" x 11") sheet. Meters 0 4000 8000 16000 24000 Feet 0 10000 20000 40000 60000 Map projection: Web Mercator Corner coordinates: WGSS4 Edge tics: UM Zone 13N WGSS4 104° 17'43"W 40° 14'35"N 39° 41' 48" N USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 7/8/2018 Page 1 of 6 a I- 0) .45 et co C-) a 0 TO f) {13 a c 0 C 0 3- a s - L c V Ca E * C a CO 0- c C a..r a C E -V a 2 a z la tt 0 LL z 0. 4 MAP LEGEND 04) 5 +-a co E 42 O C 3 Q C} o > -c cs4 E o r o E tt1 = 0 4U c Transportation rte. 03 0 S} (15 E 4- r tb 0 L nom. 4) L 2 CO � CL E 1 a 0 Resources Conservation Service z { co er ni (/) l4 0 Soil Rating Polygons Hydric (100%) • Hydric (66 to 99%) • i- 0ct {i5 R5 CO<15C ill {l� {C5 t.� no ti) r •U) 3 E 4) E • 5.5 N :4_ -6, -0 .� C 2 U _c 0 ca u) c U) C 0 en CL it— _ f CO 2 L) 0 o +r-i r C Z5 1 4` . E tie's Asa 4 c [1'J `.U' t� a in 14-� V)� � 't3 -a sEig t5 a)f.10 to C7. '— o i— " 5 O> r a) <( S it a • o -iii c�5 t! ?0 112 a.) 0 Z i 45 0 (134% 2 O t) cis' 2 c = - — a a '0 t5 = 5_ :75< 03 F- 0 W O W Hydric (3'3 to 65%) C e En co a L Q rib .c 0 Hydric (1 to 32%) • Not Hydric (0%) • C a 417 Rating Lines ■M ci U, Hydric (100%) Hydric (66 to 99%) Hydric (33 to 65%) r 0 to o c 0•- 2 L o to 12 Hydric (1 to 32%) Not Hydric (0%) con 0 ai Ela r -n' (Ti ft c s- o E ( c — 0 Ca C13 < L >, 'a U) d: 4) 13 S { - cz Et z it (t o, 4D a (94 .ice C C 4D L 7 i Rating Points ■M "3 4) -t-+ a 0- E £ 3 - (di L;r' fd N L CD CO 0 421) Cdf) rs CL C t 5 0 E . " a 0 CO Hydric (100%) Hydric (66 to 99%) ows) for map scales 4, .C E Hydric (33 to 65%) Hydric (1 to 32%) Jan 1, 1999 Dec 31, images were photographed: cisic .a) 0 N Not Hydric (0%) It CO •c 53 a) V L 0 4 2 2 `— AS U) O. • • U5 E C) CS a as 60 03 4,5 -ma 3 EarS-) -Fp agn 0 LE gt 1- 0 .i S C L 7 ■ 0 0 0 ® 0 Water Features 03 r_ Co y.._ 0 0 Nl a- 0) a 'a g Co.a _ a3 a)" in 0 co C z Resources Ct z Conservation Service 911 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Colorado; and Weld County, Colorado, Southern Part Matador Pipeline Hydric Rating by Map Unit Map unit symbol Map unit name Rating Acres in AOI Percent of AOI AaB Adena loam, percent slopes 0 to 3 0 0.5 0.1% AcC Adena-Colby association, sloping gently 0 38.8 9.6% AcD Adena-Colby association, moderately sloping 0 9.3 2.3% AsB Ascalon to 3 sandy loam, percent slopes 0 0 3.3 0.8% AsC Ascalon to 5 sandy loam, percent slopes 3 0 7.7 1.9% At Ascalon-Platner association 0 19.1 4.7% AvC Ascalon loams, slopes -Vona sandy 1 to 5 percent 0 157 3.9% Lu Loamy alluvial land 5 2.8 0.7% ReB Renohill loam, percent slopes 1 to 3 0 1.3 0.3% StD Stoneham loam, percent slopes 3 to 5 0 14.2 3.5% TrE Terry -Tassel complex, percent -Ulm 3 slopes to 20 0 2.2 0.5% UID Ulm loam, slopes 5 to 9 percent 2 1.0 0.3% VnD Vona loamy sand, percent slopes 3 to 9 0 1.3 0.3% WmB Weld loam, 1 percent slopes to 3 0 29.0 7.2% WrB Weld-Deertrail 0 to 3 complex, percent slopes 0 36.9 9.1% Wu E Wiley-Adena-Renohill complex, percent 3 slopes i ll to 20 0 4.6 1.1% Subtotals for Soil Survey Area 188.0 46.4% Totals for Area of Interest 404.7 100.0% Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 5 Ascalon to 3 sandy loam, percent slopes 0 0 0.2 0.0% USDA Natural Resources a Conservation Service Web Soil Survey National Cooperative Soil Survey 7/8/2018 Page 3 of 6 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Colorado; and Weld County, Colorado, Southern Part Matador Pipeline Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 10 Bankard to 3 frequently sandy loam, percent slopes, flooded 0 0 2.1 0.5% 15 Colby loam, 1 percent slopes to 3 0 13.1 3.2% 16 Colby loam, 3 percent slopes to 5 0 3.4 0.8% 18 Colby-Adena 9 laarns, percent slopes 3 to 0 57.9 14.3% 25 Haverson loam, percent slopes 0 to 1 4 4.2 1.0% 26 Haverson loam, percent slopes 1 to 3 0 2.2 0.5% 35 Loup-Boel 0 to 3 loamy sands, percent slopes 55 1.2 0.3% 43 Nunn loamy sand, percent slopes 0 to 1 0 4.6 1.1% 44 Olney 3 loamy sand, percent slopes 1 to 0 15.2 3.7% 47 Olney fine 1 to 3 sandy loam, percent slopes 0 7.2 1.8% 49 Osgood sand, percent slopes 0 to 3 0 3.3 0.8% 61 Tassel fine 5 to 20 sandy percent loam, slopes 0 1.1 0.3% 63 Terry fine to 9 sandy loam, percent slopes 3 0 0.6 0.2% 69 'talent sand, percent slopes 0 to 3 0 19.5 4.8% 70 Valent sand, percent slopes 3 to 9 0 25.2 6.2% 72 Ilona loamy sand, percent slopes 0 to 3 0 4.7 1.2% 73 Vona loamy sand, percent slopes 3 to 5 0 0.9 0.2% 79 Weld loam, 1 percent slopes to 3 0 49.0 12.1% 83 Wiley -Colby to 5 complex, percent slopes 3 0 1.4 0.3% Subtotals for Soil Survey Area 216.7 53.6% Totals for Area of Interest 404.7 100.0% USDA Natural Resources a Conservation Service National Cooperative Soil Survey Web Soil Survey 7/8/2018 Page 4 of 6 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Matador Pipeline Colorado; and Weld County, Colorado, Southern Part Description This rating indicates the percentage of map units that meets the criteria for hydric soils. Map units are composed of one or more map unit components or soil types, each of which is rated as hydric soil or not hydric. Map units that are made up dominantly of hydric soils may have small areas of minor nonhydric components in the higher positions on the landform, and map units that are made up dominantly of nonhydric soils may have small areas of minor hydric components in the lower positions on the landform. Each map unit is rated based on its respective components and the percentage of each component within the map unit. The thematic map is color coded based on the composition of hydric components. The five color classes are separated as 100 percent hydric components, 66 to 99 percent hydric components, 33 to 65 percent hydric components, 1 to 32 percent hydric components, and less than one percent hydric components. In Web Soil Survey, the Summary by Map Unit table that is displayed below the map pane contains a column named 'Rating'. In this column the percentage of each map unit that is classified as hydric is displayed. Hydric soils are defined by the National Technical Committee for Hydric Soils (NTCHS) as soils that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part (Federal Register, 1994). Under natural conditions, these soils are either saturated or inundated long enough during the growing season to support the growth and reproduction of hydrophytic vegetation. The NTC HS definition identifies general soil properties that are associated with wetness. In order to determine whether a specific soil is a hydric soil or nonhydric soil, however, more specific information, such as information about the depth and duration of the water table, is needed. Thus, criteria that identify those estimated soil properties unique to hydric soils have been established (Federal Register, 2002). These criteria are used to identify map unit components that normally are associated with wetlands. The criteria used are selected estimated soil properties that are described in "Soil Taxonomy" (Soil Survey Staff, 1999) and "Keys to Soil Taxonomy" (Soil Survey Staff, 2006) and in the "Soil Survey Manual" (Soil Survey Division Staff, 1993). If soils are wet enough for a long enough period of time to be considered hydric, they should exhibit certain properties that can be easily observed in the field. These visible properties are indicators of hydric soils. The indicators used to make onsite determinations of hydric soils are specified in "Field Indicators of Hydric Soils in the United States" (Hurt and Vasilas, 2006). References: Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. USDA Natural Resources Web Soil Survey a Conservation Service National Cooperative Soil Survey 7/8/2018 Page 5 of 6 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Matador Pipeline Colorado; and Weld County, Colorado, Southern Part Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service. U.S. Department of Agriculture Handbook 436. Soil Survey Staff. 2006. Keys to soil taxonomy. 10th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. Rating Options Aggregation Method: Percent Present Component Percent Cutoff: None Specified Tie -break Rule: Lower USDA Natural Resources Web Soil Survey a Conservation Service National Cooperative Soil Survey 7/8/2018 Page 6 of 6 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Colorado MAP LEGEND Area of Interest (AO!) Area of Interest (AOI) Sol is Soil Rating Polygons Hydric (100%) Hydric (66 to 99%) Hydric (33 to 65%) Hydric (1 to 32%) Not Hydric (0%) Not rated or not available Soil Rating Lines r 0 0 $0 $ 0 Hydric (100%) Hydric (66 to 99%) Hydric (33 to 65%) Hydric (1 to 32%) Not Hydric (0%) Not rated or not available Soil Rating Points O D O O O O Hydric (100%) Hydric (66 to 99%) Hydric (33 to 65%) Hydric (1 to 32%) Not Hydric (0%) Not rated or not available Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography MAP IN FORMATION The soil surveys that comprise your AOI were mapped at 1:20,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Adams County Area, Parts of Adams and Denver Counties, Colorado Survey Area Data: Version 14, Oct 5, 2017 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jul 17, 201 5 —Mar 9, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources facal Conservation Service Web Soil Survey National Cooperative Soil Survey 7/8/2018 Page 2 of 5 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Colorado Hydric Rating by Map Unit Map unit symbol Map unit name Rating Acres in AOI Percent of AOI At Ascalon-Platner association 0 67.1 90.6% Ttd Truckton to 9 loamy sand, percent slopes 3 2 7.0 9.4% Totals for Area of Interest 74.1 100.0% USDA Natural Resources Web Soil Survey a Conservation Service National Cooperative Soil Survey 7/8/2018 Page 3 of 5 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Colorado Description This rating indicates the percentage of map units that meets the criteria for hydric soils. Map units are composed of one or more map unit components or soil types, each of which is rated as hydric soil or not hydric. Map units that are made up dominantly of hydric soils may have small areas of minor nonhydric components in the higher positions on the landform, and map units that are made up dominantly of nonhydric soils may have small areas of minor hydric components in the lower positions on the landform. Each map unit is rated based on its respective components and the percentage of each component within the map unit. The thematic map is color coded based on the composition of hydric components. The five color classes are separated as 100 percent hydric components, 66 to 99 percent hydric components, 33 to 65 percent hydric components, 1 to 32 percent hydric components, and less than one percent hydric components. In Web Soil Survey, the Summary by Map Unit table that is displayed below the map pane contains a column named 'Rating'. In this column the percentage of each map unit that is classified as hydric is displayed. Hydric soils are defined by the National Technical Committee for Hydric Soils (NTCHS) as soils that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part (Federal Register, 1994). Under natural conditions, these soils are either saturated or inundated long enough during the growing season to support the growth and reproduction of hydrophytic vegetation. The NTC HS definition identifies general soil properties that are associated with wetness. In order to determine whether a specific soil is a hydric soil or nonhydric soil, however, more specific information, such as information about the depth and duration of the water table, is needed. Thus, criteria that identify those estimated soil properties unique to hydric soils have been established (Federal Register, 2002). These criteria are used to identify map unit components that normally are associated with wetlands. The criteria used are selected estimated soil properties that are described in "Soil Taxonomy" (Soil Survey Staff, 1999) and "Keys to Soil Taxonomy" (Soil Survey Staff, 2006) and in the "Soil Survey Manual" (Soil Survey Division Staff, 1993). If soils are wet enough for a long enough period of time to be considered hydric, they should exhibit certain properties that can be easily observed in the field. These visible properties are indicators of hydric soils. The indicators used to make onsite determinations of hydric soils are specified in "Field Indicators of Hydric Soils in the United States" (Hurt and Vasilas, 2006). References: Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. USDA Natural Resources Web Soil Survey a Conservation Service National Cooperative Soil Survey 7/8/2018 Page 4 of 5 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Colorado Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service. U.S. Department of Agriculture Handbook 436. Soil Survey Staff. 2006. Keys to soil taxonomy. 10th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. Rating Options Aggregation Method: Percent Present Component Percent Cutoff: None Specified Tie -break Rule: Lower USDA Natural Resources Web Soil Survey a Conservation Service National Cooperative Soil Survey 7/8/2018 Page 5 of 5 DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 25 ATTACHMENT C USFWS Site Specific IPaC Report United States Department of the Interior FISH AND WILDLIFE SERVICE Colorado Ecological Services Field Office Denver Federal Center P.O. Box 25486 Denver, CO 80225-0486 Phone: (303) 236-4773 Fax: (303) 236-4005 http://www.fws.govicoloradoES http://tip.. ww.fws.goviplatteriver In Reply Refer To: Consultation Code: 06E24000-2018-SLI-1255 Event Code: 06E24000 -2018-E-03340 Project Name: Matador Pipeline July 06, 2018 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factorscould change this, list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat, Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the EGOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CF402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 07/06/2018 Event Code: 06E24000 -2018-E-03340 2 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.goyiendangerediesa-library/pdf/TOC-GLOS.PDF Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http : // www. fws . gov/migratorybirds/CurrentBirdIs sueslHazards/towers/towers .htm; http:// www.towerkill.com; and http : //www. fws . gov/migratorybirds/CurrentBirdIs sues/Hazards/towers/ comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • USFWS S National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands 07/06/2018 Event Code: 06E24000 -2018-E-03340 3 07/06/2018 Event Code: 06E24000 -2018-E-03340 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Colorado Ecological Services Field Office Denver Federal Center F.O. Box 25486 Denver, CO 80225-0486 (303) 236-4773 07/06/2018 Event Code: 06E24000 -2018-E-03340 2 Project Summary Consultation Code: 06E24000-2018-SLI-1255 Event Code: Project Name: Project Type: 06E24000 -2018-E-03340 Matador Pipeline OIL OR GAS Project Description: 41 miles in Adams and Weld Counties, CO Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.comimapsiplace/40.1258138750741N104.59212315957348W Counties: Adams, CO Le i' j m ')rl t Denver Weld, CO 07/06/2018 Event Code: 06E24000 -2018-E-03340 3 Endangered Species Act Species There is a total of 9 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 5 of these species should be considered only under certain conditions. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries', as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Preble's Meadow Jumping Mouse Zapus hudsonius preblei There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecpispecies/4090 Threatened 07/06/2018 Event Code: 06E24000 -2018-E-03340 4 Birds NAM E Least Tern Sterna antillarum Population: interior pop. No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https ://ecos. fws. gov/ecp/species/8 505 Mexican Spotted Owl Strix occidentalis lucida There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws. ov/ecp/species/8196 Piping Plover Charadrius melodus Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location is outside the critical habitat. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.g_ov/ecp/species/6039 Whooping Crane Grus americana Population: Wherever found, except where listed as an experimental population There is final critical habitat for this species. Your location is outside the critical habitat. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/7i 58 Fishes STATUS Endangered Threatened Threatened Endangered NAM E STATUS Pallid Sturgeon Scaphirhynchus albus No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecas.fws.gov/ecp/species/7 1 62 Endangered 07/06/2018 Event Code: 06E24000 -2018-E-03340 5 Flowering Plants NAM E STATUS Colorado Butterfly Plant Gaura neomexicana var. coloradensis There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecas.fs.gov/ecp/species/6110 ate Ladies' -tresses Spiranthes diluvialis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2159 Western Prairie Fringed Orchid Platanthera praeclara No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https ://ecos. fws. gov/ecp/species/ 1669 Critical habitats Threatened Threatened Threatened THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 07/06/2018 Event Code: 06E24000 -2018-E-03340 1 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. REFUGE INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED. PLEASE CONTACTTHE FIELD OFFICE FOR FURTHER INFORMATION. 07/06/2018 Event Code: 06E24000 -2018-E-03340 1 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden Eagle Protection Ace-. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E -bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur of the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below.. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME Bald Eagle Ha liae etus leuco cepha lus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https :l/ecos. fws. govlecp/species/l 626 Burrowing Owl Athene cunicularia This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https ://ecos. fws. gov/ecp/spec ies/9737 BREEDING SEASON Breeds Oct 15 to Jul 31 Breeds Mar 15 to Aug 31 07/06/2018 Event Code: 06E24000 -2018-E-03340 2 NAME Cassin's Sparrow Aimophila cassinii This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos. fws.gov/ecp/species/9512 Golden Eagle Aquila chrysaetos This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos. fws.gov/ecp/species/1680 Lark Bunting Calamospiza melanocorys This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https ://ecos. fws.gov/ecp/species/96 79 Mountain Plover Charadrius a drius montanus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and. Alaska. https ://ecos. fws. gov/ecp/species/3 638 BREEDING SEASON Breeds Aug 1 to Oct 10 Breeds Jan 1 to Aug31 Breeds May 10 toAug 15 Breeds elsewhere Breeds Apr 15 to Aug 15 Willet Tringa semipalmata Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 5 and Alaska. Willow Flycatcher Empidonax traillii illii This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https ://ecos. fws. gov/ecp/species/34 82 Probability Of Presence Summary Breeds May 20 to Aug 31 The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4 -week months.) A taller bar indicates a higher probability of species presence. The survey effort (see 07/06/2018 Event Code: 06E24000 -2018-E-03340 below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (I) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the l Okm grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES Bald Eagle Non -BCC Vulnerable probability of presence breeding. season I survey effort — no data JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 1- I r I I I I I I I II • Vli�l 1 -_I ---,--- 1 1 07/06/2018 Event Code: 06E24000 -2018-E-03340 4 SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Burrowing Owl BCC - BCR Cassin's Sparrow BCC - BCR Golden Eagle BCC - BCR Lark Bunting BCC - BCR Lesser Yellowlegs BCC Rangewide (CON) Mountain Plover BCC Rangewide (CON) Willet BCC Rangewide (CON) Willow Flycatcher BCC - BCR -I- 1 ----1 ,--1--1--I- +--- F ,- -• 1 --� - 1- -1--�- -i--- I--I- -I- --I -�--�- -�--I- -I---- +_�. I-,--I--I--I- +-I 111 ±- - T -I-- 11- 1 -I- 1 -I- 11 Additional information can be found using the following links: 1 1 -,- 1 1 1 —+ — � -4- ✓ � a—. ■ Birds of Conservation Concern http://www.fws.govibirdsimanagementimanaged-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http: //www. fws . gov/b1rds/ management/project-assessment-tools-and-guidance/ conservation -measures . plop • Nationwide conservation measures for birds http://www.fws.govimigratorybirds/pdfir management/nationwidestandardconservationmeasures .pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. 07/06/2018 Event Code: 06E24000 -2018-E-03340 5 The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKK). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cells) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the E -bird Explore Data Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my pr of ect area ? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing) . 07/06/2018 Event Code: 06E24000 -2018-E-03340 6 Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your proj e ct review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NC OS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use ofYour Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cells) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 07/06/2018 Event Code: 06E24000 -2018-E-03340 1 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER EMERGENT WETLAND ■ PEM 1A ■ PEM1C ■ PEM1K FRESHWATER POND ■ PUSc OTHER ■ Pf RIVERINE ■ R4SBC ■ R4SBA ■ RSUBFx DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 26 ATTACHMENT D Cultural Resources File Review Report AAA ALPINEARCHAEOLOGICAL CONSULTANTS, INC. A Cultural Resources Desktop Review of the Proposed Matador Adams County to Platteville Pipeline On June 20, 2018, Alpine Archaeological Consultants, Inc. (Alpine) reviewed the Colorado Office of Archaeology and Historic Preservation's (OAHP) online Compass database to identify previously conducted inventories and previously recorded sites near the proposed Matador Adams County to Platteville Pipeline (Project), which consists of an approximately 40 -mile -long pipeline and an associated facility in Adams County, Colorado. The desktop review extended the full length of the proposed pipeline and covered 0.5 miles on either side of the centerline, for a total width of 1 mile. A variety of previously conducted cultural resources surveys including projects for oil and gas development, an airport, a sewage treatment plant, and federal agencies are inside the file search area. The largest of the nearby surveys do not overlap the Project centerline, and thus do not allow for survey exclusion. Those projects that do overlap the Project centerline are so small that any survey exclusion is insignificant. Within the 1 -mile -wide file search area, there are 15 previously recorded sites. Of these, five intersect the pipeline centerline, and include a road, one transmission line, one railroad, one canal, and one historical habitation site. Table 1 summarizes the previously recorded sites that intersect the centerline, including each resource's eligibility and general location along the proposed route. A review of the topographic maps —coupled with the Compass records indicates there is one railroad that intersects the pipeline centerline that is unrecorded within the file search area, but has a documented site number and NRHP determination from at least one recording that occurred outside the 0.5 -mile review area. The Burlington Northern Railroad (SWL 1423, officially eligible) crosses the centerline approximately 0.2 miles north of AGV No. 4. Table 1. Summary of Previously Recorded Sites along the Centerline. Site No. Site Type/Name Eligibility General Location 5AM 149 Inside Matador facility tract Box Elder -Living Springs Road Field not eligible 5AM472 Kansas Pacific Railroad 1.7 miles north of Matador Field not eligible g Facility 5AM 1531 Historic habitation Officially not eligible g 210 ft. south west of line; 2.1 miles of AGV No. 1 5WL3154.2 Hoyt —Terry Street Transmission Does not support pp linear 6.5 miles south of AGV No. 3 Line 5WL4078 Denver Hudson Canal AGV No. 3 Field eligible Member, American Cultural Resources Association AURA A P.O. Box 2075 • Montrose, Colorado 81402 • 900 S. Townsend Ave. •Montrose, CO 81401 phone 970.249.6761 • 800.770.6761 • FAX 970.249.8482 Two topographic features were identified that cross the centerline. Both consist of segments of the Jim No. 1 Lateral, which appears to be unrecorded in the Compass database. Based on the file search results, Alpine anticipates a high density of historical sites to be found during the inventory of the Project. Many of these sites are expected to be linear resources, primarily canals, but with some railroads also present. A low site density of prehistoric sites is expected to be found. ARB Midstream Matador Pipeline 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. TETRA TECH TECHNICAL MEMO To: Weld County From: Gene Coppola PE Date: July 31, 2018 Subject: Traffic Narrative for ARB Midstream Matador Pipeline I am writing to address the traffic impacts of the proposed Matador pipeline. The pipeline will be built from the southern Weld County line, north to almost WCR 30 and will generally run parallel to CR 49 and CR 51. It will be built in public or purchased rights -of -way. At roadway crossings, it will go under the road. Construction traffic will be in the range of 125 passenger vehicles/pick-up trucks and 6 — 8 large trucks per day. The number of vehicles may change once the construction process is finalized. A laydown yard is planned in Hudson and at the facility in Adams County. It is anticipated that 6 — 9 months will be required to build the pipeline assuming a single crew and acceptable weather. Most construction traffic is expected to use CR 49 and/or CR 51 to arrive and/or depart the general area since the majority of workers are expected to stay or live in the Greeley, Fort Lupton, Keenesburg or Hudson areas. Current traffic using CR 49 in this area is in the range of about 6,000 — 7,000 vehicles per day. CR 51 serves some 400 — 800 vehicles per day. This data was obtained from Weld County. With the addition of 125 vehicles per day and an assumed 25 supply vehicles per day per crew, daily traffic during construction could increase to 6,300 — 7,300 vehicles per day (vpd) on CR 48 and 650 — 800 vpd on other county roads. Future permanent pipeline traffic will add 1 — 2 vehicles per day. These vehicles will likely be pickups performing routine inspection and maintenance functions. They are not expected to produce any noticeable impact on roadway operations. In summary, the traffic impacts of the proposed Matador pipeline are negligible. Please contact me if you have any questions or need further assistance. Parcels Owners Within 150 Feet of the Proposed Matador Pipeline Route Centerline (Page 1) PARCEL # OWNER NAME ADDRESS CITY STATE ZIP CODE Section, Township, Range GIS Acres 121325000010 DECHANTALVIN JR 11521 COUNTY ROAD 49 HUDSON CO 806429605 525 T3 R65 268.287662 121325100005 WES MOSER INC PO BOX 205 FORT LUPTON CO 806210205 525 T3 R65 NE4 73.776777 121325100011 WELD COUNTY 1150 O ST GREELEY CO 806319596 525 T3 R65 NE4 6.049765 121325400015 WELD COUNTY 1150 O ST GREELEY CO 806319596 525 T3 R65 SE4 4.646234 121325400016 WES MOSER INC PO BOX 205 FORT LUPTON CO 806210205 525 T3 R65 SE4 230.381852 121335000003 1890 LLANO CIR COLORADO SPRINGS CO 809269614 53513 R65 312.983877 WOOD CINDEE ELIZABETH (1/3INT) 121335000004 CANNON LAND CO 3333 5 WADSWORTH BLVD STE D-208 LAKEWOOD CO 802275122 S35 T3 R65 320.683355 121336000005 DECHANT FARMS 8029 COUNTY ROAD 39 FORT LUPTON CO 806219115 S36 T3 R65 322.633751 121530100015 ADAMS MCWILLIAMS FARMS LLLP 13650 COUNTY ROAD 49 HUDSON CO 806429602 530 T3 R64 NE4 302.45725 121530200008 WELD COUNTY 1150 O ST GREELEY CO 806319596 530 T3 R64 NW4 0.371088 121530200014 WELD COUNTY 1150 O ST GREELEY CO 806319596 530 T3 R64 NW4 1.655526 130518000005 STEWART THOMAS JOH N 9006 COUNTY ROAD 49 HUDSON CO 806429508 518 T2 R64 36.091374 130518100016 FRONT RANGE RESOURCES LLC 1001 BAN NOCK ST STE 226 DENVER CO 802044036 518 T2 R64 NE4 74501181 130518200008 FRONT RANGE RESOURCES LLC 1001 BAN HOCK ST STE 226 DENVER CO 802044036 518 T2 R64 NW4 56.871699 130518200010 WELD COUNTY OF 1150 O ST GREELEY CO 806319596 $18 T2 R64 NW4 2.473265 130518200011 FRONT RANGE RESOURCES LLC 1001 BANNOCKSTSTE 226 DENVER CO 802044036 S18T2 R64 NW4 88.422912 130518300019 ANADARKO E&P ONSHORE LLC DENVER CO 802173779 518 T2 R64 SW4 36.490126 ATTN: TRAVIS HOLLAND-APC PROPERTYTAX PO BOX 173779 130518300020 WELD COUNTY OF 1150 O ST GREELEY CO 806319596 S18 T2 R64 SW4 0.433966 130518300021 BRATRSOVSKY DONALD J 9428 COUNTY ROAD 49 HUDSON CO 806429508 518 T2 R64 SW4 35.565167 130518300023 KUGLER JOEL D PO BOX 369 HUDSON CO 806420369 518 T2 R64 SW4 36.798773 130518400006 PIONEER COMMUNITIES INTEREST LLC 9033 E EASTER PL STE 112 CENTENNIAL CO 801122105 518 T2 R64 SE4 1.003238 130518400007 COOK GEORGE TRENT PO BOX 375 HUDSON CO 806420375 518 T2 R64 SE4 158.685956 130519000017 BROWNING CAROL 8960 COUNTY ROAD 49 HUDSON CO 806429520 S19 T2 R64 18.772392 i 130519000018 SLOAN JAMES A TRUST C/O GERALDINE M SLOAN PO BOX 133 HUDSON CO 806420133 519 T2 R64 18.779384 130519000019 518 17TH ST STE 650 DENVER CO 802024163 519 T2 R64 36.800134 FOSSETT COLUMBINE LLC 130519000025 ASHLEY JOHN R 17782 COU NTY ROAD 12 FORT LUPTON CO 806218607 S19 T2 R64 76.396738 130519100034 FOSSETT COLUMBINE LLC 518 17TH ST STE 650 DENVER CO 802024163 519 T2 R64 NE4 44.231555 130519100035 ROBERTSON RICHARD I 8537 COUNTY ROAD 51 KEEN ESBURG CO 806439618 519 T2 R64 NE4 24.28714 130519100036 ROBERTSON RICHARD I 8537 COUNTY ROAD 51 KEEN ESBURG CO 806439618 519 T2 R64 NE4 83.630734 130519400009 JACKSON BOBBIE LYNN 24495 COUNTY ROAD 18 KEEN ESBURG CO 806439641 S19 T2 R64 5E4 10.288184 130519400012 OHOTTO RONALD SHAYNE 10188 COUNTY ROAD 23 FORT LUPTON CO 806219610 S19 T2 R64 SE4 55.241973 130529000016 DECHANT FARMS PARTNERSHIP 8029 COUNTY ROAD 39 FORT LUPTON CO 806219115 529 T2 R64 81.101744 130530000012 JONES RICHARD CASTO 24963 COUNTY ROAD 16 KEEN ESBURG CO 806439500 530 T2 R64 69.326742 130530000026 PARNELL WILLIAM E 24938 COUNTY ROAD 18 KEENESBURG CO 806439639 530 T2 R64 4309083 130530000027 DECHANT FARMS PARTNERSHIP 8029 COUNTY ROAD 39 FORT LUPTON CO 806219115 530 T2 R64 4.198588 130530000028 DECHANT FARMS PARTNERSHIP 8029 COUNTY ROAD 39 FORT LUPTON CO 806219115 530 T2 R64 151.718289 130530000029 7431 COUNTY ROAD 51 KEENESBURG CO 806439616 530 T2 R64 3.683143 SUBLETT MICHAEL K 130530000030 OPATRI L BRIAN 7421 COUNTY ROAD 51 KEEN ESBURG CO 806439616 530 T2 R64 52.0433 130531000027 LLOYD LAND AIRPORT LLC 12501 RIVERDALE RD BRIGHTON CO 806028161 531 T2 R64 17.068584 130531100004 LAND LLOYD 12501 RIVERDALE RD BRIGHTON CO 806028161 531 T2 R64 NE4 45.869394 130531100032 LLOYD LAND AIRPORT LLC. 12501 RIVERDALE RD BRIGHTON CO 806028161 531 T2 R64 NE4 4.816619 130531201035 PUBLIC SERVICE COMPANY OF COLORADO DENVER CO 802021402 531 T2 R64 NW4 247.270358 ATTN:TAX DEPARTMENT 1800 LARIMER ST STE 400 130531400035 LAND LLOYD 12501 RIVERDALE RD BRIGHTON CO 806028161 S3112 R64 SE4 37.547814 130531401037 LAND LLOYD 12501 RIVERDALE RD BRIGHTON CO 806028161 531 T2 R64 5E4 33.266598 130701400018 DECHANTALVIN JR 11521 COUNTY ROAD 49 HUDSON CO 806429605 Si T2 R65 SE4 617.512095 130702000011 GREENLEAF ACRES LLC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON CO 806429513 S2 T2 R65 305.575075 130711400029 GREEN LEAF ACRES LLC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON CO 806429513 511 T2 R65 SE4 4.602298 130711400030 GREENLEAF ACRES IIC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON CO 806429513 5111T2 R65 SE4 148.973432 130712000004 PALERMO JENNIFER MARIE 23035 COUNTY ROAD 22 HUDSON CO 806429512 51212 R65 2.975843 130712000009 GREENLEAF ACRES LLC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON CO 806429513 512 12 R65 109.734915 130712300014 GREENLEAF ACRES LLC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON CO 806429513 512 T2 R65 SW4 29.691786 130712300017 GREENLEAF ACRES LLC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON CO 806429513 S12 T2 R65 SW4 123.721124 130713000014 GREENLEAF ACRES LLC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON CO 806429513 S13 T2 R65 160.216939 130713000015 GUEST FAMILY TRUST 9174 COUNTY ROAD 47 1/2 HUDSON CO 806429501 $13 T2 R65 154.552408 130713100001 WELD COUNTY 1150 O ST GREELEY CO 806319596 51312 R65 NE4 6.394568 130713100003 GREENLEAF ACRES ILC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON CO 806429513 513 T2 R65 NE4 24.759211 130713100004 GREENLEAF ACRES LLC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON CO 806429513 S13 T2 R65 NE4 124.013035 130713300018 4224 STARFLOWER DR FORT COLLINS CO 805264150 513 T2 R65 SW4 5.614988 SWARTZ E JEAN (BN) 130713400016 SWARTZ E JEAN (BN) 4224 STARFLOWER DR FORT COLLINS CO 805264150 513 T2 R65 5E4 15.757298 Parcels Owners Within 150 Feet of the Proposed Matador Pipeline Route Centerline (Page 2) PARCEL # OWNER NAME ADDRESS CITY STATE ZIP CODE Section, Township, Range GIS Acres 130713400024 WELD COUNTY 1150 O ST GREELEY CO 806319596 513 T2 R65 SE4 0.991579 130713400025 ARTER TIMOTHY 9405 COUNTY ROAD 49 HUDSON CO 806429507 513 T2 R65• SE4 32.911049 130714000033 KNOX RANDY 22970 COUNTY ROAD 22 HUDSON CO 806429515 514 T2 R65 10.009216 130714000035 WEICHEL GORDON P C/O GORDON WEICHEL22626 COUNTY ROAD 22 HUDSON CO 806429515 514 T2 R65 145.574604 1.30714000036 WEICHELGORDON P 0.0 GORDON WEICHEL22626 COUNTY ROAD 22 HUDSON CO 806429515 S14T2 R65 160.556952 147505200019 RAINES ROGER L 5748 COUNTY ROAD 51 KEENESBURG CO 806439508 55 T1 R64 NW4 4.904542 147505200020 GRINDE HOMER TRUSTEE 90119 HATCHERY RD VALENTINE NE 692011640 S5 T1 R64 NW4 170.907536 147505200021 LAMBERT JAMIE J 5986 COUNTY ROAD 51 KEENESBURG CO 806439508 SS T1 R64 NW4 4.995872 147505200022 LAMBERT JAMES DONALD 155 E BRIDGE ST BRIGHTON CO 806011612 SS T1 R64 NW4 95.365301 147506000032 LONGWORTH KELLY D 5843 COUNTY ROAD 51 KEENESBURG CO 806439509 $6 T1 R64 5.013604 147506100001 SULLIVANTHOMAS F 5845 COUNTY ROAD 51 KEENESBURG CO 806439509 56 T1 R64 NE4 5.05382 147506100002 YEAGER RANDAL R 3725 W 110TH AVE WESTMINSTER CO 800312109 $6 T1 R64 NE4 151.083486 147506400043 GUDKA ROBERT A ON) 6363 COUNTY ROAD 51 KEENESBURG CO 806439511 56 Ti R64 SE4 6.010813 147506400045 REASONER REAL ESTATE TRUST 776 LOMA LINDA DR BRIGHTON CO 806013644 56 T1 R64 SE4 200.502889 147506400048 ECKER WAYNE N 25049 HIGHWAY 52 KEENESBURG CO 806439502 56 T1 R64 SE4 4.931569 147507001015 SWANK ALEX R 4037 COUNTY RD 51 KEENESBURG CO 806434206 S7 T1 R64 74.38104 147507001017 GUTIERREZ FRANK L PO BOX 316 HUDSON CO 806420316 S7 T1 R64 62.898666 147507001025 BRIGGS DONALD V 4477 COUNTY ROAD 51 KEENESBURG CO 806434206 57 T1 R64 73.096973 147507001026 CLINE DELMAS PATRICK PO BOX 824 HUDSON CO 806420824 S7 T1 R64 62.89787 147508000026 SCHROEDER DALE E 4800 COUNTY ROAD 51 KEENESBURG CO 806434205 S8 T1 R64 46.127056 147508000028 SWANK ROBERT M 3581 COUNTY ROAD 51 KEENESBURG CO 806439400 58 Ti R64 42.47648 147508100006 BLACKBURN HUBB5'LLC 2515 CREEKWOOD DR FORT COLLINS CO 805252031 58 T1 R64 NE4 317.370105 147508300002 SWANK PAUL M 3581 COUNTY ROAD 51 KEENESBURG CO 806439400 S8 T1 R64 SW4 77.83475 147508300003 SWANK ROBERT M 3581 COUNTY ROAD 51 KEENESBURG CO 806439400 58 T1 R64 SW4 75.295696 147509000006 TURECEK GEORGEJR C/O I EDWARD HUTTNER 50 S STEELE ST STE 755 DENVER CO 802092812 59 T1 R64 103.048678 147509000015 MCCLURE TRAVIS E 26275 COUNTY ROAD 10 KEENESBURG CO 806439527 S9 T1 R64 4.512251 147509000016 LOCH RICHARD A PO BOX 370 HUDSON CO 806420370 59 T1 R64 77.592886 147509300013 BROWN JAMES E 26185 COUNTY ROAD 10 KEENESBURG CO 806439527 59 T1 R64 SW4 33.355711 147514.000027 28242 COUNTY ROAD 10 KEENESBURG CO 806439415 514 T1 R64 160.825501 COAN BETTY A 147515200014 WEED SHAWN 27190 COUNTY ROAD 10 KEENESBURG CO 806439413 S15 Ti R64 N W4 50.96483 147515200015 SIAM TODD L 3684 COUNTY ROAD 55 KEENESBURG CO 806439410 S15 T1 R64 NW4 31.136481 147515200016 HOFFMAN JOHN W 27490 COUNTY ROAD 10 KEENESBURG CO 806439441 S15 Ti R64 N W4 47.019583 147515300011 LEE PHANG M 295 HOMESTEAD WAY BRIGHTON CO 806014566 S15 T1 R64 SW4 80.116325 147515300028 SEYMOUR RODNEY J 3490 COUNTY ROAD 55 KEENESBURG CO 806439410 515 T1 R64 SW4 35.216024 147515300029 MONARD BRUCE 3498 COUNTY ROAD 55 KEENESBURG CO 806439410 S15 Ti R64 SW4 44.73343 147515400030 COLEMAN MICHAEL 3560 COUNTY ROAD 55 KEENESBURG CO 806439410 S15 Ti R64 SE4 5.739125 147515400031 MARTINEZ CHARLY 3510 COUNTY ROAD 55 KEENESBURG CO 806439410 515 T1 R64SE4 74.72835 147516000001 TURECEK GEORGE J DENVER CO 802092812 S16 T1 R64 324.442798 CIO I EDWARD HUTTN ER 50 S STEELE ST STE 755 147516000008 COLORADO STATE OF 1127 N SHERMAN ST STE 300 DENVER CO 802032398 S16 Ti R64 323.005846 147517000017 SWANK ROBERT M 3581 COUNTY ROAD 51 KEENESBURG CO 806439400 517 Ti R64 78.706727 147517000018 SWANK MARY P 3581 COUNTY ROAD 51 KEENESBURG CO 806439400 517 T1 R64 161.37698 147518000019 SWANK ROBERT M 3581 COUNTY ROAD 51 KEENESBURG CO 806439400 S18 T1 R64 149.520353 147521100001 WILD ANIMAL SANCTUARY 1946 COUNTY ROAD 53 KEENESBURG CO 806434209 521 T1 R64 NE4 5.374925 147522000005 BOSKY FARMS LLC 1968 CARLSON RD PARKER CO 801384440 S22 Ti R64 641.356621 147523200015 BARRAZA MARTIN CARRILLO 9781 E 112TH PL HENDERSON CO' 806409348 S23 T1 R64 NW4 82.713345 147523300013 RIBLETT WAYNE F 28089 COUNTY ROAD 6 KEENESBURG CO 806439432 S23 T1 R64SW4 21.936875 147523300014 SHINER-SWANSON SANDY 2252 COUNTY ROAD 57 KEENESBURG CO 806439405 523 Ti R64 SW4 59.64938 147526000002 44755 E 160TH AVE KEENESBURG CO 806439720 526 T1 R64 159.766548 ABBOTT FARMS INC 147526200029 SELNER SHARLOTTE ANN 28038 COUNTY ROAD 6 KEENESBURG CO 806439431 S26 T1 R64 NW4 5.00058 147526200030 WAGNER TERRI J 28376 COUNTY ROAD 6 KEENESBURG CO 806439431 526 T1 R64 N W4 114.540852 147527000004 BOSKY FARMS LLC 1968 CARLSON RD PARKER CO 801384440 527 Ti R64 633.343035 147535000003 44755 E 160TH AVE KEENESBURG CO 806439720 535 T1 R64 642.955787 ABBOTT FARMS INC Fire District Contacts for Districts Crossed by Proposed Matador Pipeline Route Fire District Contact Title Phone Number Email Mailing Address City Sate Zip Southeast Weld Fire Protection District Tom Beach Fire Chief 303-732-4203 tbeach@seweldfire.org P.O. BOX 1 Keenesburg Colorado 80643 Hudson Fire Protection District Ken Gabrielson Fire Chief 303-536-0161 chief@hudsonfirecolo.com 702 Cedar Street P.O. BOX 7 Hudson Colorado 80642 Platteville-Gilcrest Fire Protection District Russ Kissler Captain 970-785-2232 info@pgfpd.org P.O. Box 407 Platteville Colorado 80651 DJ South Gathering, LLC, a subsidiary of ARB Midstream, LLC 1600 Broadway, Suite 2400 Denver, Co 80202 September 6, 2018 Dear Fire Protection District Teams, DSTREAM EA DJ South Gathering LLC ("DJ G"), a subsidiary of ARB Midstream, LLC, is proposing to lay up to a 20 -inch crude oil pipeline known as the Matador Pipeline Project. You are receiving notice of this proposed development as your property is within 150 feet from the centerline of the proposed crude oil pipeline. The proposed Matador Pipeline will transport crude oil from Bennett Station, located in Adams County near Interstate 70 and Manilla Road to an existing oil and gas storage and transloading facility located in Weld County approximately 1,000 feet southwest of the intersection of County Road 49 and County Road 30. Bennett Station will be the central deliver point f`CDP" for multiple producers located in Adams and Arapahoe Counties. From the storage facility in Weld County, the crude oil will have access to downstream markets via various third -party interstate and intrastate pipelines that are already in place. DJSG is a crude oil and natural gas and refined products transportation company comprised of seasoned professionals who are familiar with the commitment Colorado communities place on safety and protection to the environment. Our management team and board of directors has a combined industry experience of more than 150 years.Currently, DJSG safely operates approximately 140 miles of pipelines in Weld and Lorimer Counties. At DJSG we believe our reputation proceeds us in how we interact with landowners, the quality land use application we submit and our commitment to collaborate with the public and government officials in the communities in which we work. Supplied with this letter is a map of the proposed Matador pipeline route though Weld County along with a FAQsheet. DJSG will be working toward submitting the Weld County Use -by -Special Review Permit application in the next few weeks in hopes of approval and start of construction early next year. We would be more than happy to address any questions you or your family may have about this project. Please contact us at: 888-501-9397 or MatadorP'ipelinelnfo@ARBMidstream.com. Your input is very important to us throughout the entire project. Sincerely, Vazirn Pare Devon Dageford Sr. Land Representative DJ South Gathering, LLC atie Di South Gathering, LLC, a subsidiary of ARB Midstream, LLC 1600 Broadway, Suite 2400 Denver, Co 80202 September 6, 2018 Dear Landowner, DSTREAM EA Di South Gathering LLC ("MSC"), a subsidiary of ARB Midstream, LLC, is proposing to lay up to a 20 -inch crude oil pipeline known as the Matador Pipeline Project. You are receiving notice of this proposed development as your property is within 150 feet from the centerline of the proposed crude oil pipeline. The proposed Matador Pipeline will transport crude oil from Bennett Station, located in Adams County near Interstate 70 and Manilla Road to an existing oil and gas storage and transloading facility located in Weld County approximately 1,000 feet southwest of the intersection of County Road 49 and County Road 30. Bennett Station will be the central deliver point f`CDP" for multiple producers located in Adams and Arapahoe Counties. From the storage facility in Weld County, the crude oil will have access to downstream markets via various third -party interstate and intrastate pipelines that are already in place. DJSG is a crude oil and natural gas and refined products transportation company comprised of seasoned professionals who are familiar with the commitment Colorado communities place on safety and protection to the environment. Our management team and board of directors has a combined industry experience of more than 150 years. Currently, DJSG safely operates approximately 140 miles of pipelines in Weld and Lorimer Counties. At DJSG we believe our reputation proceeds us in how we interact with landowners, the quality land use application we submit and our commitment to collaborate with the public and government officials in the communities in which we work. Supplied with this letter is a map of the proposed Matador pipeline route though Weld County along with a FAQsheet. DJSG will be working toward submitting the Weld County Use -by -Special Review Permit application in the next few weeks in hopes of approval and start of construction early next year. We would be more than happy to address any questions you or your family may have about this project. Please contact us at: 888-501-9397 or MatadorPipelinelnfo@ARBMidstream.com. Your input is very important to us throughout the entire project. Sincerely, Devon Dageford Sr. Land Representative Di South Gathering, LLC g15,.201£1- 4:1PROJECTS ILONGMONT.1272744200-127274- I5004SGISthIXDIVELD-ADAMS COUNTY PROPOSED MATADOR PIPELINE ROUTE e•-•30-20113. - FIRE DISTRICTS WELD -ADAMS 4WD - RVDER.REDDICK '9C0 S. Sunset Street. Stu. -E Longmont_ Colorado 8050' PHONE: (303)772-5282 FAX: (303)772-7039 Legend Districts_FireD istricts District HUDSON FIRE PROTECTION DISTRICT NO FIRE DISTRICT PLATTEVI LLE - O ILC REST FIRE PROTECTION DISTRICT SE WELD FIRE PROTECTION DISTRICT Proposed Matador Pipeline Route Highways — Major Weld County Roads Railways C,tlu:r 1 Adams County L:_i Weld County PROPOSED MATADOR PIPELINE ROUTE LOCATION COMPARED TO FIRE DISTRICTS AREA BOUNDARIES WELD/ADAMS COUNTIES g14,4018 - 0:1PROJECTS ILONGAJIONT.127274420O 127274 18004SGIS4MXD\PROPOSED MATADOR PIPELINE ROUTE 7-a-2018 - PARCELS WITHIN 15G" RADIUS PIPELINE CENTERLINE LIXD - RYDER ARB MIDSTREAM Projec No.: 200-127174-18001 J CR,2 1 Legend Parcels Within 150' of Proposed Pipeline Matador Pipeline Route 8-30-2018 Highways Major Weld County Roads + I Railways HUDSON KEENESBURG C.:!ADAMS I___ I WELD Weld County smgursr_myna na imps i-a�Eitil etas m•ewer anaLea �M=iWIIa. -,�M�.�-- Adar TETRA TECH www.lelratech,ccm '900 S. Sunset Street. Stu. -E Longmont_ Colorado 8050' PHONE: (303)772-5282 FAX: (303)772-7039 CR 16.5 MATADOR PIPELINE WELD COUNTY, COLORADO - PARCELS WITHIN 150 FEET OF PIPELINE Date: JULY 13, 2018 Designed By: RJR Figure No. 1 MIDSTREAM FREQUENTLY ASKED QUESTIONS: Who is DJ South Gathering, LLC 8z, ARB Midstream, LLC J South Gathering LLC is a subsidiary company of ARB Midstream, LLC (ARB) is a crude oil, natural gas and refined products transportation company comprised of seasoned professionals who are familiar with the commitment Colorado communities place on safety and protection of the environment. Our management team and Board of Directors has a combined energy industry experience of more than 150 years. Currently, ARB safely operates approximately 140 miles of pipelines in Weld and Larimer Counties. At ARB, we believe our reputation precedes us in how we interact with landowners, the quality land use application we submit, and our commitment to collaborate with the public and government officials in the communities in which we work. We are guided on every project that we undertake by our company strategy centered around an "Analyze, identify, execute and operate" philosophy. What materials will be transported in the ARB Matador Pipeline? The 16"-20" atador Pipeline will transport crude oil and will be engineered to operate at a Maxim' Allowable Operating Pressure (MAOP) of 1480 psi with Maximum Operating Pressure (MOP) of 740 psi. Where is the crude oil coming from and where is it going to? The Matador Pipeline will transport crude oil gathered from various oil and gas production facilities in Adams and Arapahoe Counties. Gathering lines will transport the oil from the production facilities and deliver to the Matador Pipeline at Bennett Station. The destination for the oil transported by the Matador Pipeline is a facility in Weld County located at Weld County Roads 30 and 49. From these facilities, the crude oil will have access to downstream markets via various third -party interstate and intrastate pipelines. How is the pipe placed in the ground? The Matador Pipeline will be horizontal directional drilled under roads, ditches, highways, rivers, rail lines and open cut in fields. All disturbed property will be reclaimed to the condition that existed prior to our activities. ARB's existing pipeline projects have always been reclaimed and left in a condition that meets or exceeds the landowner's expectations. What safety measures will be in place for the ARB Matador Pipeline? Crude oil pipelines are an extremely safe way to transport energy. The Matador Pipeline is being designed to exceed DOT regulations. This will employ automated pressure shut down systems and leak monitoring equipment. ARB employs an independent safety team who is trained in operations, maintenance and emergency response related to the pipeline. All operations, training, qualifications and any required responses are strictly defined by the US Department of Transportation's Pipeline and Hazardous Materials Safety Administration and followed by ARB. In the unlikely event of an emergency, ARB personnel would respond and react based on the various factors surrounding the event. ARB contracts an Oil Spill Response Organization which is available 24 hours a day, 7 days a week with all necessary support personnel, equipment and resources to respond to any size e l ergency. Communications and visits will be conducted with local emergency planningcommittees and first response personnel in areas the Matador Pipeline will operate. Attached: FAQ document How many trucks will be removed from roads by the ARB Matador Pipeline? Based on current producer commitments to the Matador Pipeline, we estimate transportation of crude oil via pipeline vs. traditional trucking will eliminate approximately 2.22 MM trucks from Weld County roads in the first ten years of the project. What permits are required and who is regulating the ARB Matador Pipeline? A land use permit is required through Weld County. In addition, road crossing permits and flood hazard development permits from Weld County will be required, where necessary. Pipelines also require additional permits, programs and plans listed below: • State of Colorado Stormwater Pollution Prevention Plan • State of Colorado Spill Prevention Countermeasure Control Plan • US Department of Transportation (DOT) Pre -Construction Notification • DOT Operations and Maintenance Manual • DOT Damage Prevention Program • DOT Integrity Management Plan • DOT Drug and Alcohol Plan • DOT Emergency Response Plan • DOT Operator Qualification Program • DOT Public Awareness Program • OSHA Safety Programs • Environmental Protection Agency (EPA) Protected Species and Cultural Resource Permits and Surveys • Colorado Department of Transportation (CDOT) Road Crossing Permits • US Army Corps of Engineers (USAGE) Pre -Construction Notification • Railroad Crossings • Irrigation Ditch Crossings • Applicable Utility Crossings • Arapahoe County required Permits DEVELOPMENT STANDARDS: INTENTIONALLY LEFT BLANK USE BY SPECIAL REVIEW - USRI8-XXXX MATADOR PIPELINE FOR: DJ SOUTH GATHERING, LLC SECTIONS 6, 6, 7, 8. 15, 16, 17, 22, 26, 27, 35, Ti N, R64W; SECTIONS 18, 19, 30, 31, T2N, R64W; SECTIONS 1, 2, 12, 13, T2N, R65W; AND SECTIONS 25, 36, T3N, R65W OF THE 6TH PM, COUNTY OF WELD, STATE OF COLORADO VICINITY MAP WWI I 1 / w Ill 4 - M, 5 \I +4ri it , „.._ 24 - nt o 4 1 il Y II u, I\r' !Itiiii ,' 6 L _ n# , 1) Lae k . . 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APPROVAL AND ADOPTION THIS SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW AS SHOWN AND DESCRIBED THERON THIS DAY OF 2G CHAIR. WELD COUNTY PLANNING COMMISSION BOARD OF COUNTY COMMISSIONERS CERTIFICATION THIS IS TO CERTIFY THAT THE BOARD OF COUNTY COMMISSIONERS. WELD COUNTY. COLORADO, DOES HEREBY CONFIRM AND ADOPT THIS SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW AND DEVELOPMENT STANDARDS AS SHOWN AND DESCRIBED HEREON THIS DAY OF . 2O CHAIR. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY CLERK TO THE BOARD BY DEPUTY CLERK TO THE BOARD DATED: it 4 TETRA TECH DJ S0UTHGATHERING, LLC Pi l N : 2CC 27274•'@ C4 19CDS. Sul maiS6r{L Sla 1-G LimyLiuCulu;sdu WWI PHONE 1'sCCi17722-5252. MX: '3031 772-7039 MA -AD at Fl FELINE WELD coUN':Y.'coLORmD0 USE BY SPECIAL REVIEW - USR18-XXXXX COVER SHEET Cale Dv -jailed 0y: JJA rei n K _. 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Li:my-t u IL Culu adLI €0501 PHONE (30)772-52M rAX: t3'0Si 772-7'039 Lease Aer .fifir IL -1,4501 r 1 Ot.I 9OItTH GATHERING, ISO 1' PIERCE TRUNKLINE WELD COUNTY, COLOR/tip° USE BY SPECIAL REVIEW - USR18-XXXXX LOCATION MAP DJ South Gathering, LLC - Matador Pipeline Parcel Owner Crossing Easement List NAME ABBOTT FARMS INC ABBOTT FARMS INC ARTER TIMOTHY & ERIN ASHLEY JOHN & RAEDENE BOSKY FARMS LLC , BOSKY FARMS LLC , BRATRSOVSKY DONALD & SUSAN COLORADO STATE OF COOK GEORGE TRENT DECHANT ALVIN JR DECHANT ALVIN JR DECHANT FARMS DECHANT FARMS PARTNERSHIP FOSSETT COLUMBINE LLC FOSSETT COLUMBINE LLC GREENLEAF ACRES LLC GREENLEAF ACRES LLC GREENLEAF ACRES LLC GREENLEAF ACRES LLC GREENLEAF ACRES LLC GREENLEAF ACRES LLC B&B FAMILY TRUST GUTIERREZ FRANK & JOSEPHINE JONES RICHARD CASTO LAMBERT JAMES DONALD LAND LLOYD LAND LLOYD LAND LLOYD LEE PHANG M & VANG CHENG LLOYD LAND AIRPORT LLC LLOYD LAND AIRPORT LLC OPATRIL BRIAN & REBEKAH PSC OF COLORADO RAINES ROGER L. REASONER REAL ESTATE TRUST SCHROEDER DALE & SANDRA SWANK MARY P SWANK PAUL M SWANK ROBERT M Reception Number 4425612 4425614 4427434 4427032 4427467 4427474 4427035 TBD 4227033 4429978 4429983 4429981 4429984 TBD TBD 4428336 4427446 4427446 4427443 4427443 4427443 4425575 4425576 4426569 4428976 4426570 4426570 4426570 4425580 4426570 4426570 4426568 TBD 4425571 TBD 4425615 Executed -Not Recorded Yet Executed -Not Recorded Yet Executed -Not Recorded Yet Recording Date 8/24/2018 8/24/2018 8/31/2018 8/30/2018 8/31/2018 8/31/2018 8/30/2018 TBD 8/30/2018 9/11/2018 9/11/2018 9/11/2018 9/11/2018 TBD TBD 9/5/2018 8/31/2018 8/31/2018 8/31/2018 8/31/2018 8/31/2018 8/24/2018 8/24/2018 8/28/2018 9/7/2018 8/28/2018 8/28/2018 8/28/2018 8/24/2018 8/28/2018 8/28/2018 8/28/2018 TBD 8/24/2018 TBD 8/24/2018 TBD TBD TBD SWANK ROBERT M TURECEK GEORGE,! WES MOSER INC WES MOSER INC YEAGER RANDAL R Executed sNOt Recorded Yet ITBD 4428940 X9/6/2018 4430160 X9/11/2018 4430160 X9/11/2018 4426575 X8/28/2018 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, DJ South Gathering, LLC is a Limited Liability Company formed or registered on 01/17/2018 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 20181042010 This certificate reflects facts established or disclosed by docu i ents delivered to this office on paper through 09/07/2018 that have been posted, and by documents delivered to this office electronically through 09/10/2018 rip 10:09:31 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 09/10/2018 @ 10:09:31 in accordance with applicable law. This certificate is assigned Confirmation Number 11107348 Secretary of State of the State of Colorado *********************************************E.d ofcertific te******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's Web site isfully and immediately valid and e j�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://www.sos.state.co.usibiz/CertificateSearcliCriteria.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.us/ 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 ww.'sos.state.co.us. Colorado Secretary of State Date and Time: 01/17/2018 12:10 PM ID Number: 20181042010 Document number: 20181042010 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 ('C4RS.) 1. The domestic entity name of the limited liability company is DJ South Gathering,. LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company", "ltd. liability company", "limited liability co. ", "ltd. liability CO.", "limited", " 1! e. ", "llc ", or "ltd. ". See P-90-601, C.R.S.) (Caution: The 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 1 600 Broadway Mailing address (leave blank if same as street address) (Street number and name) Suite 2400 Denver (City) (Province — if applicable) CO 80202 (State) (ZIP/Postal Code) United States (Country) (Street number and name or Post Office Box information) (City) (Province — if applicable) (State) (ZIP/Postal Code) (Country) r 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) ARB Midstream, LLC (Caution: Do not provide both an individual and an entity name.) Street address 1600 Broadway Mailing address (leave blank if same as street address) r (Middle) (Suffix) (Street number and name) Suite 2400 Denver (City) co 80202 (State) (ZIP Code) (Street number and name or Post Office Box information) ARTORCGLLC Page 1 of 3 Rev. 12/01/2012 (First) (Last) or (The following statement is adopted by marking the box.) K (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) ARB Midstream, LLC (Last) (First) (Caution: Do not provide both an individual and an entity name.) Mailing address 1600 Broadway (Street number and name or Post Office Box information) Suite 128 Denver (City) CO 80 202 (State) (ZIP/Postal Code) United States (Province — if applicable) i 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. the members. 6. (The following statement is adopted by marking the box.) There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement lw 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 (Middle) (Suffix) (mm/dd/yyyy hour:mninnute a rn/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, under 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. This perjury notice applies to each individual whocauses 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 caushig the document to be delivered for filing are N ewb►urn Ryan (Last) 1550 Larirner Street (First) (Middle) (Suffix) (Street number and name or Post Office Box information) Suite 128 Denver CO 80202 (City) (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.) This document contains the true name and mailing address of one or moreadditional 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 TETRA TECH TECHNICAL MEMO To: Weld County From: Gene Coppola PE Date: July 31, 2018 Subject: Traffic Narrative for ARB Midstream Matador Pipeline I am writing to address the traffic impacts of the proposed Matador pipeline. The pipeline will be built from the southern Weld County line, north to almost WCR 30 and will generally run parallel to CR 49 and CR 51. It will be built in public or purchased rights -of -way. At roadway crossings, it will go under the road. Construction traffic will be in the range of 125 passenger vehicles/pick-up trucks and 6 — 8 large trucks per day. The number of vehicles may change once the construction process is finalized. A laydown yard is planned in Hudson and at the facility in Adams County. It is anticipated that 6 — 9 months will be required to build the pipeline assuming a single crew and acceptable weather. Most construction traffic is expected to use CR 49 and/or CR 51 to arrive and/or depart the general area since the majority of workers are expected to stay or live in the Greeley, Fort Lupton, Keenesburg or Hudson areas. Current traffic using CR 49 in this area is in the range of about 6,000 — 7,000 vehicles per day. CR 51 serves some 400 — 800 vehicles per day. This data was obtained from Weld County. With the addition of 125 vehicles per day and an assumed 25 supply vehicles per day per crew, daily traffic during construction could increase to 6,300 — 7,300 vehicles per day (vpd) on CR 48 and 650 — 800 vpd on other county roads. Future permanent pipeline traffic will add 1 — 2 vehicles per day. These vehicles will likely be pickups performing routine inspection and maintenance functions. They are not expected to produce any noticeable impact on roadway operations. In summary, the traffic impacts of the proposed Matador pipeline are negligible. Please contact me if you have any questions or need further assistance. ARB Midstream Matador Pipeline 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. APEX Matador Project Biological Resources Assessment Report Proposed 41 -mile Matador Pipeline and Bennett Station in Adams and Weld Counties, Colorado DJ South Gathering, LLC July 13, 2018 INTRODUCTION DJ South Gathering, LLC is proposing to construct and operate the approximately 41 -mile Matador Pipeline and associated 72 -acre Bennett Station, hereafter referred to as the proposed Project (Attachment A, Figure 1). Occurring within Adams and Weld Counties, Colorado, the proposed Project's southern terminus at the proposed Bennett Station is located off Highway 79140, approximately three miles east of the town of Watkins, Adams County, Colorado. The approximately 41 -mile pipeline generally runs south -north from the proposed facility site to an existing facility at the intersection of County Roads 30 and 49 in Weld County. The proposed project has been routed/sited to minimize impact to the extent possible by utilizing existing corridors and disturbed areas. Installation of the pipeline will primarily consist of open -cut trenching; however, trenchless technology [horizontal directional drilling (HDD)] will be utilized at select locations such as roadways, utilities, water crossings, etc. Apex assumes in this analysis that all ponds, moderate to large streams, and canals/irrigation ditches will be avoided via HDD. The purpose of this desktop analysis is to evaluate the proposed Project for biological resources including aquatic resources such as waters of the United States (U.S.), state and federally listed threatened and endangered species, wildlife and cultural resources. PROJECT SETTING Topography Elevation of the proposed Project ranges from 4,798 feet above mean sea level (msl) at the existing facility at the northern terminus to 5,585 feet above msl in rangeland approximately 0.7 - mile east of the southern terminus at the Bennett Station. In general, the topography of the proposed Project generally decreases in elevation from south to north with localized decreases in elevation occurring at drainage crossings (Attachment A, Figure 2). Maximum slope does not exceed 7.7% The preliminary elevation profiles for the pipeline and Bennett Station is depicted below (Google Earth, 2018) Elevation Profile of Matador Pipeline: North to South North South Graph: Mu). Avg. Max Elevat+on. 4798. 5155, 5565 ft Range Totals: Distance. 41.2 mr f=lea. Gain+Loss. 1930 ft. -1156 ft Max Slope. 7.7%. -4.3% Avg Slope. 1.1%. -4.S% DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 2 Elevation Profile of Bennett Station: North to South Elevation Profile of Bennett Station: West to East West East Gfaph. Mint. Avg, Max Elevahot . 5564. 5571, 5574 0. Range Totals: Dmstance. 1576 ft Elev GalivLoss. 11.5 it, -129 ft North South Hydrology Five subwatersheds (HUC 12) are intersected by the proposed Project which include the Settlement of Manila (101900030902), Lost Sand Creek (101900030901), Lord Reservoir -Lost Creek (101900030905), Jim Creek -Box Elder Creek (101900030803), and Sky View School -Box Elder Creek (101900030804). These five subwatersheds are located within the major watershed (HUC 8), Middle South Platte — Cherry Creek (10190003) (EPA 2018). Aerial imagery, the United States Geological Survey (USGS) topographic maps, the USGS National Hydrography Dataset (NHD), and the National Wetlands Inventory (NWI) database indicate that there are numerous named USGS blue -lines, unnamed USGS blue -lines, and unnamed non -blue -line linear features intersected by the proposed Project. According to the USGS topographic map, the NWI database, or a combination of both resources, the proposed Project crosses two freshwater ponds. Additionally, the proposed Project intersects nine emergent wetlands as mapped by the NWI database (USFWS 2018a; Attachment A, Figure 3). The proposed Project does not intersect regulated floodplains in Adams County and there are three crossings of regulated floodplains in Weld County. (FEMA 2018; Attachment A, Figure 4). The proposed Project does not intersect any Critical Resource Waters (CRW), Gold Medal Waters, or Important Spawning Areas, as designated by the State of Colorado. In addition, no Designated Critical Habitat (DCH) waters under the Endangered Species Act (ESA) is intersected. Ecoregion and Vegetation The proposed Project occurs entirely within the Flat to Rolling Plains (25d) Level IV Ecoregion of the High Plains (25) Level III Ecoregion as mapped by the Environmental Protection Agency Level DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 3 III and IV Ecoregions of Colorado poster. The Flat to Rolling Plains is more level and less dissected than the adjacent Moderate Relief Plains. Soils are generally silty with a veneer of loess. Dryland farming is extensive, with areas of irrigated cropland scattered throughout the ecoregion. Winter wheat is the main crop, with a smaller acreage in forage crops. Land use is predominantly rangeland, in contrast to the cropland or mosaic of cropland and rangeland of surrounding ecoregions. Soils are silty and clayey barns, formed from eolian n sediments, shallower than the thicker loess -capped uplands of the Flat to Rolling Plains. Blue grams-buffalograss is the natural shortgrass prairie type of the area. Most common vegetative species expected include blue grama (Bouteloua gracili), buffalograss (Bouteloua dactyloides), threadleaf sedge (Carex filifolia), fringed sage (Carex crinita), Junegrass (Koeleria spp.), and western wheatgrass (Pascopyrum spp.) (Chapman et at 2006). Desktop analysis suggests that variations of Palustrine, Emergent or Palustrine, Scrub/Shrub wetlands may exist within the Project area. If wetland communities are present, the wetland vegetation anticipated include cattail (Typha spp.), rough cocklebur (Xanthium strumarium), plains switchgrass (Panicum virgatum), barnyard grass (Echinochloa spp.), bulrushes (Scirpus spp.), rushes (Juncus spp.) and sedges (Carex spp.) willows (Salix spp.) alder (Alnus spp.), peach -leaf willow (Salix amygdaloides) and cottonwoods (Populus spp.). Colorado Parks and Wildlife depicts the proposed Project intersects seven vegetation types (CPW 2013): • Agriculture is controlled use for production of biological products • Forested Riparian wooded interface between land and a river, stream or waterbody • Irrigated Ag is irrigated crops and fields • Grass/Forb Mix is rangeland co -dominated by grasses and forbs • Grass Dominated is rangeland dominated by annual and perennial grasses • Herbaceous Riparian is grasses, grass -like plants and forbs tolerant of intermittent flooding or saturated soils that are located in the transitional zone between land and a waterbody • Rangeland is a mix of non-native and native grasses, grass -like plants, forbs, or shrubs suitable for grazing or browsing use Soil Thirty-five different soil units are intersected by the proposed Project alignment. Table 1 lists the soil units within the 75 -foot corridor along the proposed Project (NRCS 2016). Table 1: Soils within a 75 -ft Corridor of the Proposed Project and at Bennett Station Soil ID Soil Series Slopes Flooded Ponded Drainage Permeability Hydric Adams County AaB Adena loam 0-3% No No Well drained Rapid No AcC Adena-Colby 0-3% No No Well drained No Rapid AcD Adena-Colby 3-9% No No Well drained Rapid No AsB Ascalon sandy loam 0-3% No No Well drained Rapid No DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 4 Soil ID Soil Series Slopes Flooded Ponded Drainage Permeability Hydric AsC Ascalon sandy loam 3-5% No No Well drained Rapid No At Ascalon- Platner 0-25% No No Well drained p No Rapid Avg Ascalon -Vona sandy loam 1-5% No No Well drained Rapid p No Lu Loamy alluvial land - - - - - - ReB Renohill loam 0-30% No No Well drained Slow No StD Stoneham loam 0-30% No No Well drained Moderate No TrE Terry -Tassel - Ulm fine sandy loam 3-20% No No Well drained Moderate No UID Ulm loam 5-9% No No Well drained Moderate slow to No TtD Truckton loamy sand 3-9% No No Well drained Moderately rapid No VnD Vona loamy sand 3_9% No No Well drained Rapid p No WmB Weld loam 1-3% No No Well drained Moderately low No WrB Weld- Deertrail 0-3% No No Well drained Moderately slow No WuE Wiley-Adena- Renohill 3-20% No No Well drained Moderate No Weld County 5 Ascalon sandy loam 0-3% No No Well drained Rapid p No 10 Bankard sandy loam 0-3% Frequently y No Well drained No Rapid 15 Colby loam 1-3% No No Well drained No Rapid 16 Colby loam 3-5% No No Well drained Rapid No 18 Colby-Adena -Adena y 3-9% No No Well drained Rapid No 25 Haverson loam 0-1% No No Well drained Moderate No 26 Haverson loam 1-3% No No Well drained Moderate No 35 Loup -Beal y sand � o -3o No No Poor Rapid No DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 5 Soil ID Soil Series Slopes Flooded Ponded Drainage Permeability Hydric 43 Nunn loamy sand 0-1 % No No Well drained Moderate slow to No 44 Olney loamy sand 1-3% No No Well drained Moderate No 47 Olney fine sandy loam 1_3% No No Well drained Moderate No 49 Osgood sand 0-3% No No Well drained Rapid No 61 Tassel fine sandy loam 5-20% No No Well drained Moderately rapid No 63 Terry fine sandy loam 3-9% No No Well drained p No Rapid 69 Valent sand 0-3% No No Well drained Rapid No 70 Valent sand 3-9% No No Well drained p No Rapid 72 Vona loamy sand 0_3% No No Well drained Rapid p No 73 Vona loamy sand 3-5% No No Well drained Rapid p No 79 Weld loam 1-3% No No Well drained Moderately low No 83 Wiley -Colby complex 3_5% No No Well drained p No Rapid Generally, the soils within the Project area are non-hydric, gently to moderately sloping, well drained sandy loam (NRCS 2017; NRCS 2018). Hydric soils are defined as soils that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part. Site -specific soil surveys are included as Attachment B. WATERS OF THE U.S. Under Section 404 of the Clean Water Act, the USACE has the authority to permit the discharge of dredged or fill material into waters of the U.S. The term "waters of the U.S." is defined as: • All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; • All interstate waters including interstate wetlands; • All impoundments of waters otherwise defined as waters of the U.S. under the definition; • All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters: (i) which are or could be used by interstate or foreign travelers for recreational or other purposes; or (ii) from which fish or shellfish DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 6 are or could be taken and sold in interstate or foreign commerce; or (iii) which are used or could be used for industrial purpose by industries in interstate commerce; and • The territorial seas. In 2006, Rapanos v. United States clarified that waters of the U.S. are also defined as: Traditional Navigable Waters (TNW) and their adjacent wetlands; non -navigable tributaries of TNWs that are relatively permanent; and wetlands that directly abut such tributaries. In addition, the Rapanos decision clarified that the USACE asserts jurisdiction over every water body that is not a relatively permanent water (RPW) if that water body is determined to have a significant nexus with a TNW. A significant nexus exists if the tributary, in combinations with all of its adjacent wetlands, has more than a speculative or an insubstantial effect on the chemical, physical, or biological integrity of a TNW. The limit of USAGE jurisdiction for non -tidal waters of the U.S. in the absence of adjacent wetlands is the ordinary high water mark (OHWM). "Ordinary high water mark" is defined as that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Wetlands are defined as those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (USACE 1987). To be considered a wetland, an area must have: (1) a prevalence of hydrophytic vegetation, (2) hydric soils, and (3) appropriate wetland hydrology. The feature must have a hydric connection or significant nexus to a waters of the U.S. in order to be considered jurisdictional under Section 404. Certain geographic features are generally not considered waters of the U.S. by the Environmental Protection Agency (EPA) and USACE. These geographic features include swales, erosional features, and small washes characterized by low volume, infrequent and short duration flow; ditches draining wholly uplands and that do not carry a relatively permanent flow of water; and upland transporting of overland flow generated from precipitation. In addition, isolated features that do not have a significant nexus or connection to a water of the U.S. are not considered waters of the U.S. and are not federally regulated. On May 27, 2015, the Environmental Protection Agency (EPA) and the USAGE announced a final rule redefining the scope of waters protected under the Clean Water Act (CWA). According to the agencies, the new rule revises the current definition of waters of the U.S. to be consistent with the CWA, legal rulings, the agencies' expertise and experience, and science concerning the interconnectedness of tributaries, wetlands, and other waters and effects of these connections on the chemical, physical, and biological integrity of downstream waters. The rule became effective on August 28, 2015. However, on October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed the Clean Water Rule nationwide pending further action of the court. In response, the EPA and USACE resumed the use nationwide of the agencies' prior regulations defining waters of the U.S. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 7 Using aerial imagery, the USGS topographic maps, the USGS NHD, and the NWI database, the proposed Project was reviewed for the presence of potential jurisdictional waters of the U.S., including wetlands. The proposed Project appears to intersect numerous named USGS blue - lines, unnamed USGS blue -lines, and unnamed non -blue -line linear features. According to the USGS topographic map, the NWI database, or a combination of both resources, six ponds were mapped in the proposed Project area. Additionally, the proposed Project intersects nine emergent wetlands based on the NWI database (USFWS 2018a). Each crossing of an aquatic feature that could be considered a potential waters of the U.S. intersected by the proposed Project is listed within Table 2 below. This table is not all inclusive of features potentially present within the proposed Project area. Field verification would be necessary to confirm the existence and boundaries of features present, and to estimate proposed Project impacts. The locations of these features are depicted in Figure 3 in Attachment A. The highlighted features are proposed for avoidance via HDD technology or were included in the study area but are not currently proposed for impact based on facility layout. Table 2 Potential Waters of the U.S. Intersected by the Proposed Project Feature ID Latitude Longitude USGS Blue- Line NWI1 Description2 Adams County MP 001 39.74568543 -104.5339476 Pond - Emergent wetland MP 001.1 39.73995759 -104.5354034 No - Swale/ephemeral stream MP 001.1a 39.739295 -104.532739 Pond Pf Emergent wetland MP 001.2 39.74105256 -104.5358423 No Pf Manmade pond MP 001.3 39.74162927 -104.5355687 No Pf Emergent wetland/pond MP 001.4 39.74320543 -104.5341162 No - Swale/ephemeral stream MP 001 39.74568543 -104.5339476 No Pf Emergent wetland/pond MP 002 39.76533038 -104.5170524 No - Emergent wetland/pond MP 003 39.77605083 -104.5170197 Yes R4SBC Ephemeral stream MP 004 39.80315427 -104.5180353 Yes Pf Ephemeral swa stream l e/em erg ent wetland or MP 005 39.80846247 -104.5179379 Yes Pf Ephemeral swa stream l e/em erg ent or wetland MP 006 39.81060374 -104.5179093 Yes R4SBC Ephemeral swale/emergent stream wetland or MP 007 39.81078522 -104.5178867 Yes PEM1A Ephemeral swa stream l e/em erg ent wetland or MP 008 39.81123226 -104.520236 Yes R4SBC Ephemeral stream swa l e/em erg ent or wetland MP 009 39.81129873 -104.5228449 Yes R4SBC Ephemeral swale/emergent stream wetland or MP 010 39.81132884 -104.5250959 Yes R4SBC Ephemeral swa l stream or e/em erg ent wetland MP 011 39.83193694 -104.5270588 Yes R4SBC Swale/Ephemeral stream MP 012 39.85164846 -104.5293086 No - Emergent wetland MP 013 39.86235014 -104.5270893 No - Swale/Ephemeral Stream MP 014 39.87679816 -104.5261722 Yes R4SBC Ephemeral stream/emergent wetland MP 015 39.88206221 -104.5261617 No - Swale/Emergent wetland MP 016 39.88639223 -104.526144 No - Swale/Emergent wetland DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 8 Feature ID Latitude Longitude USGS Blue- Line NWI1 Description2 MP 017 39.8903908 -104.526165 Yes R4SBC Swale MP 017.1 39.901599 -104.526388 Yes R4SBC/ PEM1A Swale/Emer ent wetland MP 018 39.90610129 -104.5262918 Yes R4SBC Swale MP 019 39.90963753 -104.5262814 No - Swale MP 020 39.91928839 -104.5266448 No PEM1A Swale/Emergent wetland MP 021 39.91943133 -104.5266508 No PEM1A Ephemeral swale/emergent stream wetland or MP 022 39.92159393 -104.5266677 No - Swale MP 023 39.9258255 -104.5267278 No - Swale MP 024 39.92701388 -104.5257732 No - Swale MP 025 39.92682766 -104.5147059 No - Swale MP 026 39.9265633 -104.5094484 No - Swale MP 027 39.93226026 -104.5085424 No - Swale MP 028 39.93654198 -104.5085606 No R4SBA Swale/Ephemeral stream MP 029 39.93684804 -104.5085968 No C PEM1C Ephemeral swale/emergent stream wetland or MP 030 39.94840818 -104.5086901 No - Swale MP 031 39.95316741 -104.5087477 No R4SBA Swale MP 032 39.95377366 -104.5087812 Yes R4SBA Swale MP 033 39.95508677 -104.5087702 No - Swale MP 034 39.97155159 -104.5089703 No - Swale MP 035 39.98523109 -104.5090917 No - Swale MP 036 39.99203614 -104.509136 No - Swale Weld County MP 037 40.00101297 -104.518606 Yes R4SBC/ PEM1K K Ephemeral wetland stream/emergent MP 038 40.00106437 -104.5238743 Yes R4SBC Swale MP 039 40.00471792 -104.5266933 Yes R4SBC Swale MP 040 40.01327739 -104.526737 Yes R4SBC Swale MP 041 40.0179542 -104.5283742 Yes R4SBC Swale MP 042 40.02081941 -104.527632 Yes R4SBC Swale MP 043 40.02243182 -104.5276863 Yes R4SBC Swale MP 044 40.03581735 -104.527605 No - Ephemeral stream or swale MP 045 40.03704053 -104.5276013 Yes R4SBC Ephemeral swale/emergent stream or wetland MP 046 Jim Creek 40.04369628 -104.5388183 Yes R4SBC Swale MP 047 40.05837365 -104.5690666 No - Ephemeral stream or swale MP 048 Denver- Hudson Canal 40.05845468 -104.5785468 No R4SBC Perennial canal MP 049 40.05846458 -104.5787964 No Pf Emergent wetland MP 050 40.06147672 -104.5840742 No - Swale/Emergent wetland MP 051 40.06827733 -104.5846138 No - Ephemeral/Intermittent/Emer gent wetland MP 052 40.07465722 -104.585519 No - Swale/Emergent wetland DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 9 Feature ID Latitude Longitude USGS Blue- Line NWI' Description2 MP Jim Lateral 053 No 1 40.09174643 -104.5881343 Yes R5UBFx /Pf Canal (underground) MP 054 Jim Creek 40.10286609 -104.5882514 Yes R4SBC/ PEM1C Ephemeral swale/emergent stream or wetland MP 055 Jim No 2 Lateral 40.11915209 -104.5889198 Yes R4SBC Perennial canal MP 056 40.12653896 -104.5908583 No - Emergent wetland MP 057 Box Elder Creek 40.13951198 -104.6106077 Yes PEM1C Perennial stream/emergent Wetland MP 058 Box Elder Creek 40.139547 -104.6127214 Yes PEM1C Perennial wetland stream/emergent MP 059 40.17558351 -104.622163 No - Emergent wetland MP 060 40.18630421 -104.6212238 No - Emergent wetland MP 061 40.18738276 -104.6196549 No - Emergent wetland 1 PE M 1 A — Palustrine, Emergent, Persistent, Temporary flooded; PEM1C — Palustrine, Emergent, Persistent, Seasonally flooded; PEM1 K— Palustrine, Emergent, Persistent, Artificially flooded; Pf — Palustrine, farmed; R4SBA — Riverine, Intermittent, Streambed, Temporary flooded; R4SBC — Riverine, Intermittent, Streambed, Seasonally flooded; R5UBFx — Riverine, Unknown Perennial, Unconsolidated Bottom, Semipermanently flooded, Excavated 2Based on preliminary desktop analysis. Field verification required to confirm actual site conditions. Please note the final authority in determining jurisdiction of a tributary or wetland, including significant nexus decisions, rests with USACE. Requirements for Preconstruction Notification Section 404 of the Clean Water Act regulates discharge and fill in waters of the U.S. The USACE authorizes the construction, maintenance, or repair of utility lines, and the associated excavation, backfill, or bedding for utility lines under Nationwide Permit 12. Utility line projects are typically authorized without PCN to the USACE provided there is no change in pre -construction contours and the project meets all general conditions. A PCN to and written authorization from the USACE is required for the proposed Project, if any of the following criteria as listed below are met at a single and complete crossing. Field verification to confirm all the assumptions below is required. Mechanized land clearing in a forested wetland for the utility line right-of-way is required Based on a review of available sources, it does not appear that the proposed Project intersects any forested wetlands. A Rivers and Harbors Section 10 permit is required No resources identified as a Section 10 water is intersected by the proposed Project. The utility line in waters of the U.S., excluding overhead lines, exceeds 500 feet Based on a review of available sources and the proposed Project construction plan, features that may be impacted for greater than 500 linear feet are proposed for avoidance. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 10 The utility line is placed within a jurisdictional area (i.e., water of the United States), and it runs parallel to a stream bed that is within that jurisdictional area Based on a preliminary review of available sources, the proposed Project does not appear to run parallel to a stream bed and within a jurisdictional area. Discharges that result in the loss of greater than 1/10 -acre of waters of the United States Impacts to waters of the U.B. that would result from the proposed pipeline construction are generally considered temporary, provided all construction is temporary in nature and the features are restored to preconstruction contours, such that no net loss of waters occurs. For this proposed Project, open -cut trenching activities would be consistent with this designation of temporary impacts. However, mechanically clearing a forested/shrub wetland for the installation and/or maintenance of a pipeline easement is considered a conversion of a forested/shrub wetland into an emergent wetland and would result in a loss of certain wetland functions. This is considered by the USACE to be a permanent impact and loss of waters of the U.S. As the aquatic resources have not been field verified and the construction plan for the proposed Project has not been finalized, potential losses to waters of the U.S. cannot be estimated at this time. Permanent access roads are constructed above grade in waters of the United States for a distance of more than 500 feet, and/or permanent access roads are constructed in waters of the United States with impervious materials (Sections 10 and 404) No permanent access roads in waters of the U.S. are known to be proposed for the proposed Project at this time. 2017 Colorado Regional Conditions Applicability The USACE Albuquerque District has issued regional conditions applicable to all projects within the state of Colorado. These regional conditions issued in 2017 list five Regional Conditions Applicable to Specific Nationwide Permits within theState of Colorado. Based on the anticipated authorization of the proposed Project by NWP 12, one condition would likely be applicable to the proposed Project as described below: 1. Nationwide Permit No. 12 Utility Line Activities: Notification to the District Engineer in accordance with General Condition (GC) No. 32, PCN is required for utility line activities that propose open trenching in perennial waters or for the purpose of creating a water intake. Utilizing information from multiple sources as described within this analysis, approximately four crossings of perennial streams/canals by the proposed Project are estimated. It has been communicated to Apex that all perennial water features will be avoided utilizing HDD bores. Field verification of the potential resources intersected would be required. In addition, the proposed Project will be utilized for the transmission of crude oil and will not result in the withdrawal of water from a stream/river. No PCN is required for this criterion. In addition, the 2012 regional conditions in Colorado include four conditions identified as Regional Conditions Applicable to All Nationwide Permits within the State of Colorado. None of the four listed conditions apply to the proposed Project as it is not located within or in the vicinity of important spawning areas (Gold Medal Waters), fens or springs. Soils removed during construction will be utilized as backfill and the use of temporary fills is not anticipated. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, Co July 2018 Page 11 FEDERALLY LISTED THREATENED AND ENDANGERED SPECIES The United States Fish and Wildlife Service (USFWS) has authority under the Endangered Species Act (ESA) to list and monitor the status of species whose populations are considered imperiled. Species listed as threatened or endangered by the USFWS are provided full protection under the ESA including a prohibition of indirect "take." The term "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct with regards to a federally -endangered species. According to the USFWS Information for Planning and Consultation (IPaC; Attachment C), nine federally listed species should be considered in an effects analysis for the proposed Project: Preble's meadow jumping mouse (Zapus hudsonius preblei), least tern (Sterna antillarum), Mexican spotted owl (Stria occidentalis lucida), piping plover (Charadrius melodus), whooping crane (Grus americana), pallid sturgeon (Scaphirhynchus albus), Colorado butterfly plant (Oenothera coloradensis), Ute ladies' -tresses orchid (Spiranthes diluvialis), and western prairie fringed orchid (Platanthera praeclara) (USFWS 2018b). No designated critical habitat is intersected by the proposed Project. Table 3 provides a summary review of threatened and endangered species considered in an effects analysis for the proposed Project. Table 3: Federally Listed Species Reviewed Species Federal Status Habitat Species proposed likely boundary? to occur Project in Mammals Typically inhabits heavily vegetated streamside riparian habitats with adjacent grassland cover in southeastern Wyoming, southward along the eastern edge of the Front Range foothills south Highly unlikely; while the to Colorado Springs in El Paso proposed Project occurs County, Colorado (USFWS within the overall species 2014a). Grassy uplands at least as range (CPW 2017a), the far out as 100 meters beyond the nearest known occupied Preble's meadow 1(0 -year floodplain are also occurrence is over 12 miles to Gump in mouse T utilized. indigenous Associated and introduced with the northwest addition, (CPW the 2011). proposed In (Zapus preblei} hudsonius mature/dense/tall such as little bluestem grass species � and p cheat Project disturbed J is almost upland exclusively and y grass. According to the federal potential wetland and/or listing, this species is not found in riparian habitat appears very highly disturbed areas, limited and will be avoided via landscaped and maintained lawns, HDD, as appropriate. irrigation ditches with no vegetation, channels where water is diverted underground, or sites that are maintained as cropland (USFWS 1998). DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 12 Species Federal Status Habitat Species likely to occur in proposed Project boundary? Birds Nests along sand and gravel bars within braided streams, rivers; man-made structures (inland least (Sterna tern antillarum) E(USFWS beaches, plants, wastewater gravel 1985). Colorado treatment mines, is on etc.)sand the No; no streams and the proposed gravel or rivers bars within Project with periphery breeding of range; the interior least rarely do tern's they boundary. breed in the southwestern part of the state near the Arkansas River (USFWS 1985). Inhabits wide, sparsely vegetated sand or gravel beaches adjacent to vast alkali lakes or rivers (Haig 1992). They can also utilize washed-out hillside beaches on smaller semi -permanent alkali piping plover wetlands. In Colorado, piping No; barren sand or gravel (Charadrius T plovers occur as migrants and beaches are absent from the melodus) arrive around the first of April with proposed Project boundary. most having passed through by the end of May (CPW 2017b). The piping plover is most likely to be observed in the Arkansas River and South Platte River drainages in eastern Colorado (CPW 2017b). Primarily nesting in closed -canopy forests or rocky canyons, the Mexican spotted owl appears to prefer cooler crocli m ates microclimates (USFWS 2013). The forests utilized by this species for roosting and nesting frequently contain Mexican spotted mature or old -growth stands with No; no coniferous trees or owl (Strix occidentalis T complex uneven structure, -aged, multistoried, are typically and canyons Projest . within the proposed lucida) have high canop y py closure boundary. (USFWS 2013). All records of the Mexican spotted owl in Colorado are from the San Juan Mountains in southwestern Colorado and from the Front Range as far north as the vicinity of Denver (USFWS 1993) . Resting while migrating, whooping No; marshes, shallow lakes, whoopin crane g E cranes roost shallow water standing of in the marshes, flooded lagoons, stubble salt flats, fields, grain and and barrier (Grus americana) crop fields, artificial ponds, islands are not within the DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 13 Species Federal Status Habitat Species likely to occur in proposed Project boundary? reservoirs, 1994). tall Wetlands trees and rivers surrounded or other (USFWS by visual proposed and extirpated species Project in Colorado. boundary is likely obstructions or marked with dense vegetation are not used. The birds select sites with wide, open panoramas away from human activity. Whooping cranes have not been seen in Colorado since 2010 (CPW 2017b). Fishes pallid sturgeon (Scaphirhynchus albus) F Occupies large, turbid, free - flowing riverine habitat, typically in strong currents over firm gravel or sandy substrate. Sturgeons primarily utilize main channel, secondary channel, and channel border habitats and are rarely observed in areas without flowing water (USFWS 2014b) . While the pallid sturgeon does not occur in Colorado, the fish inhabits the lower reaches of the Platte River and disturbances to tributaries of the South Platte River in Colorado may impact the species downstream. No; the proposed Project will not cross the South Platte River and no water would be removed from the South Platte River as part of the project. Plants Colorado butterfly plant (Oenothera caloradensis) Ute ladies' -tresses orchid (Spiranthes diluvialis) T T Occurs on subirrigated, alluvial soils, on level or slightly sloping floodplains and drainage bottoms at elevations of 4,850 to 6,400 feet. Populations are typically found in habitats created by streams active within floodplains, with vegetation that is relatively open. Often found in low depressions, or along bends in wide, meandering stream channels (USFWS 2017). Originally thought to only inhabit early successional riparian habitats such as moist stream beds, wet meadows, point bars, sand bars, abandoned stream channels, and low lying gravelly, sandy, or cobbly edges, this species has also been found in Na; while the proposed Project occurs within the overall species range (CPW 2017a), the nearest known occupied occurrence is over 18 miles to the east (CPW 2011). No; Currently only 16 populations are reported to occur in Colorado with most populations occurring along the Front Range. Only one occurrence, identified for the first time and last time in 1856, is known in nearby DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 14 Species Federal Status Habitat Species proposed boundary? likely to occur in Project seasonally subirrigated abandoned flooded or stream river spring channels terraces, -fed and Weld county as extirpated, County. population and The is reported no Weld known valleys, and lakeshores (Fertig et historic or current al. 2005). In addition, populations occurrences are known in have been discovered along Adams County (USFWS irrigation canals, berms, levees, 1996). irrigated meadows, excavated gravel pits, roadside barrow pits, reservoirs, and other human modified wetlands (Fertig et al. 2005). Usually prairies primarily found and along in wet swales calcareous meadows, and in western fringed praeclara Platanthera orchid prairie T marsh found undisturbed 2014c).While occur Mississippi water along in -related areas, Colorado but roadside grassland the and activities/use (found Missouri has ditches plant also been and USFWS does along the Rivers), in the not No; not River removed Platte pr oject. The cross and River ect. proposed no the South water from as the part Project would Platte South of will the be South impact Platte the species River downstream Basin may in Nebraska. No further action is recommended for federally listed species. COLORADO PARKS AND WILDLIFE LISTED SPECIES Five species are state listed in CPW's Species Activity Mapping (SAM) data as having overall range, foraging area, concentration area, or winter range within and around the proposed Project, including black -tailed prairie dog (Cynomys ludovicianus), Preble's meadow jumping mouse (Zapus hudsonius preblei), mule deer (Odocoileus hemionus), western burrowing owl (Athene cunicularia) and white-tailed deer (Odocoileus virginianus). The potential for the Preble's meadow jumping mouse to occur at the proposed Project was previously discussed above in Table 3. GPW listed black -tailed prairie dogs as having an overall range intersecting the proposed Project. These highly social rodents live in colonies made up of burrows in the ground. Several species depend on prairie dogs, either as prey or, as in the case with burrowing owls, to use their burrows. Prairie dogs receive no federal or state protection but may sometimes be regulated by local municipalities; however, the species is considered a keystone species, a species that has a disproportionately large effect on the communities in which it occurs. Prairie dogs utilizes short - grass prairie as habitat which is expected in large expanses of the proposed Project. Field reconnaissance would be required to determine the locations and boundaries of active colonies, if any, within the proposed Project boundaries. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 15 The proposed Project is located within the mule and white-tailed deer overall range. Prospect Reservoir and the nearby Horse Creek Reservoir (approximately 3 -miles west), both in the vicinity of the Adams -Weld County line, are designated as mule deer winter concentration areas and white -tail deer concentration areas. The designation focuses around the two reservoirs and extends north into Weld County (CPW 2017c). Due to vegetation preferences, which includes woody vegetation and crops, they would likely remain outside of the proposed Project, but may pass through. Additionally, no tall vegetation is anticipated within the proposed Project boundary that would provide refuge for deer and other larger animals. If deer or other transient species are present at the proposed Project, they will likely leave at the onset of construction. The nearest big game migration corridor identified in the area is located approximately 3.5 -miles west of the proposed Project, adjacent to the western boundary of Horse Creek Reservoir. While not listed in SAM data, CPW lists seasonal restrictions for nesting raptors, including red- tailed hawk (Buteo jamaicensis), Swainson's hawk (Buteo swainsoni), osprey (Pandion haliaetus), ferruginous hawk (Buteo regalis), peregrine falcon (Falco peregrinus), prairie falcon (Falco mexicanus), northern goshawk (Accipiter gentilis), and burrowing owl (Athene cunicularia). Based on a desktop analysis, it is likely that there are trees suitable for nesting raptors within 'A mile of the proposed Project, which is the maximum recommended seasonal buffer zone for the listed raptors. In addition, 22 known raptors nests of varying status were identified within '/-mile of the proposed Project in Weld County (Attachment A, Figure 5). Seasonal recommended restriction dates by CPW range fromas early as February 1st to as late as July 31s- New construction activities during this time period should include clearance surveys conducted by a qualified biologist prior to disturbance. Burrowing owls are listed as a threatened species by the state of Colorado and are federally protected by the MBTA. The western burrowing owl is locally common in northeast Colorado and utilizes the burrows of prairie dogs within actively inhabited and maintained prairie dog towns for nesting. Potential burrowing owl habitat on or within 150 feet of the proposed Project is anticipated due to the high potential for active prairie dog colonies. Habitat can be created or become undesirable dependent on current colonization patterns of prairie dogs. Field reconnaissance would be required to determine the locations and boundaries of active colonies, if any, within the proposed Project boundaries. Any new construction activities between March 15th and October 31st should be preemptively accompanied by clearance surveys conducted by a qualified biologist. MIGRATORY BIRDS The MBTA makes it illegal to "pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird...or any part, nest, or egg of any such bird." Harm to a migratory bird, active nest, or eggs are prohibited by the MBTA; however, the destruction of habitat or inactive nests is not. While not a comprehensive list of all migratory birds that may be at or in the vicinity of the proposed Project, the USFWS has listed nine migratory birds of conservation concern that might be affected by project activities, including the burrowing owl (Athene cunicularia), Cassin's sparrow (Airnophila cassinii), golden eagle (Aquila chrysaetos), hudsonian godwit (Limosa haemastica), lark bunting (Calamospiza melanocorys), lesser yellowlegs (Tringa flavipes), mountain plover DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 16 (Charadrius montanus), willet (Tringa semipalmata), and willow flycatcher (Empidonax traillii) (USFWS 2018). Of these nine species, the burrowing owl and mountain plover are the only ground nesting birds with a breeding range that overlaps the proposed Project. Mountain plover, like burrowing owls, use prairie dog colonies to provide suitable breeding habitat ICECAP 2016). Suitable mountain plover habitat may exist within the proposed Project boundaries; however, mountain plovers are not typically known to nest in Adams County and in discrete portions of Weld County. Field reconnaissance of potential habitat is recommended if disturbance activities will be conducted April 1st through July 31st. If construction activities are expected to commence within the nesting season for the burrowing owl (March 1 " to October 31st), presence/absence surveys by a qualified biologist are recommended. BALD EAGLES While the bald eagle (Haliaeetus leucocephalus) has been delisted due to recovery, this species is still protected under the BGEPA. This species, as well as the golden eagle, is found primarily near rivers and large lakes and nests in tall trees or on cliffs near water (USFWS 2007). One known bald eagle nest within 'AA mile of the proposed Project was identified and located in the vicinity of the Hudson Canal in Weld County (CPW 2017c; Attachment A3 Figure 5). In addition, trees suitable for nesting eagles are expected to be in the vicinity of the proposed Project. Any construction activities conducted between October 15th and July 31st should be accompanied by surveys conducted by a qualified biologist prior to disturbance. CULTURAL RESOURCES Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires federal agencies, agencies, including the USAGE, to take into account the effects of their undertakings on historic properties. The USACE's implementation of this rule is acknowledged in General Condition 20 of NWP 12. Projects utilizing federal funds, located on federal land, and/or requiring permits, license, or permission from a federal agency must comply with Section 106. Colorado Statute — CRS 24-80-401-4011 requires consultation with the office of state archaeologist (OSA) when activity may affect cultural resources on state public land and the OSA shall issue permits for cultural resource investigations on public land. To Apex's knowledge, approximately 1.5 miles of state land may need to be surveyed along the pipeline corridor in Weld County. Coordination with the state and the OSA will be conducted to determine the extent of investigation required. A review of records of the Colorado Office of Archaeology and Historic Preservation's (OAHP) online compass database was completed in June 2018 to identify previously conducted inventories and previously recorded sites near the proposed Matador Adams County to Platteville Pipeline (Project), which consists of an approximately 40 -mile -long pipeline and an associated facility in Adams County, Colorado. It has been communicated to Apex that all railroads, canals and perennial waterways will be avoided vi.a HDD. The desktop review extended the full length of the proposed pipeline and covered 0.5 miles on either side of the centerline, for a total width of 1 mile. A variety of previously conducted cultural resources surveys, including projects for oil and gas development, an airport, a sewage treatment plant, and federal agencies, are inside the file DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 17 search area. Within the 1 -mile -wide file search area, there are 15 previously recorded sites. Of these, six intersect the pipeline centerline, and include a road, one cutoff, one transmission line, one railroad, one canal, and one historical habitation site. Table 4 summarizes the previously recorded sites that intersect the centerline, including each resource's eligibility and general location along the proposed route. A review of the topographic maps, coupled with the Compass records, indicates there is one railroad that intersects the pipeline centerline that is unrecorded within the file search area, but has a documented site number and National Register of Historic Places (NRHP) determination from at least one recording that occurred outside the 0.5 -mile review area. The Burlington Northern Railroad (5WL1423, officially eligible) crosses the centerline approximately 0.2 miles north of AGV No. 4 in Weld County. Table 4 — Summary of Previously Recorded Sites Site Number Site Name/T a y County General Location y� Eligibility 5AM149 Box Living Road Elder- Springs Field not eli ible g Adams Bennett Station 5AM147 Ft Morgan Cutoff Field not eligible Adams Bennett Station 6AM4 Kansas Pacific Field not eligible Adams 1.7 Station miles north of Bennett Railroad 5AM1531 Historic habitation Officially not eligible 9 Adams 210 south ft. west of of AGV line; No. 1 2.1 miles 5AML3154.2 Hoyt Street transmission -Terry Does support (not eligible) not linear Weld 6.5 miles south of AGV No. Denver enver Hudson canal Field eligible g Weld AGV No. Two topographic features were identified that cross the proposed Project pipeline. Both consist of segments of the Jim No. 1 Lateral (Weld County), which appears to be unrecorded in the Compass database. Based on the file searchresults, a high density of historical sites is anticipated to be found during the inventory of the proposed Project and field survey is recommended. Many of these sites are expected to be linear resources, primarily canals, but with some railroads also present. A low site density of prehistoric sites is expected to be found (Alpine 2018). All known resources identified as eligible for listing on the NRHP are proposed for avoidance; however, field survey is recommended to assess areas of federal nexus in order to satisfy Section 106 requirements. The complete cultural resources review is included as Attachment D. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 18 SUMMARY AND RECOMMENDATIONS Numerous linear and non-linear water features, and special aquatic sites, including emergent wetlands, were identified as potentially intersected by the proposed Project. A list of the potential features identified is included in Table 2. The table is not all inclusive of features potentially present within the proposed Project area. Field verification would be necessary to confirm the existence and boundaries and in order to permit impacts, as necessary. The locations of these features are depicted in Figure 3 in Attachment A. • Habitat for the nine federally -listed species in Adams and Weld County is not anticipated within the proposed Project boundaries. However, field verification is recommended to confirm. • One known bald eagle nest within 1,4 mile of the proposed Project was identified and located in the vicinity of the Hudson Canal in Weld County and 22 known raptors nests of varying status were identified within 1 -mile of the proposed Project in Weld County. In addition, trees suitable for nesting eagles and raptors are expected to be in the vicinity of the proposed Project. Any construction activities conducted between October 15th and July 31st should be accompanied by surveys conducted by a qualified biologist prior to disturbance. • If initial land disturbance is anticipated from March 15th to October 31st, a resurvey for potential burrowing owl habitat should be conducted. If potential habitat is found,, surveys should be conducted in accordance with the CPW Recommended Survey Protocol and Action to Protect Nesting Burrowing Owls should be conducted prior to the start of construction. • Suitable mountain plover habitat may exist within the proposed Project boundaries; however, mountain plovers are not typically known to nest in Adams County and in discrete portions of Weld County. Field reconnaissance of potential habitat is recommended if disturbance activities will be conducted April 1st through July 31st. • The proposed Project is located within the mule and white-tailed deer overall range. Prospect Reservoir and the nearby Horse Creek Reservoir (approximately 3 -miles west), both in the vicinity of the Adams -Weld County line, are designated as mule deer winter concentration areas and white -tail deer concentration areas. The designation focuses around the two reservoirs and extends north into Weld County. Due to vegetation preferences, which includes woody vegetation and crops, they would likely remain outside of the proposed Project, but may pass through. If deer or other transient species are present at the proposed Project, they will likely leave at the onset of construction construction of the site should follow best management practices (BMPs) outlined by the CO CC to minimize adverse impacts from oil and gas operations. Potential BMPs include exclusion fencing; avoidance of unnecessary disturbance to habitats by driving on existing roads; working only in the required area; avoiding streams, wetlands, or riparian zones; and monitoring for unintended consequences to wildlife. A► stormwater Management Plan for the site has been developed to reduce runoff, offsite erosion and sedimentation, and dust production during construction. • In areas of trenching, any trenches left overnight should be covered, or a means of egress provided for any wildlife that may enter the trench. Trenches should be checked for wildlife before commencing work the following day and any trapped wildlife removed and allowed to exit the construction area. If a sensitive species is found or suspected, work should stop while a qualified biologist is contacted to relocate the animal. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 19 • Fifteen archeological sites are recorded within 1 -mile of the proposed Project centerline. All known resources identified as eligible for listing o►n the NRHP are proposed for avoidance; however, field survey is recommended to assess areas of federal nexus in order to satisfy Section 106 requirements. Based on the file search results, a high density► of historical sites and a low site density of prehistoric sites is anticipated to be found during field survey. Many of these sites are expected to be linear resources, primarily canals, but with some railroads also present. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 20 REFERENCES (Alpine) Alpine Archaeological Consultants, Inc. A Cultural Resources Desktop Review of the Proposed Matador Adams County to Platteville Pipeline. June 20, 2018 (CRAP) Colorado Bird Atlas Partnership. 2016. The Second Colorado Breeding Bird Atlas. L.E. Wickersham, ed. Denver, Colorado. 727 pp. Chapman, S.S., Griffith, G.E., Omernik, J.M., Price, A.B., Freeouf, J., and Schrupp, D.L., 2006, Ecoregions of Colorado (color poster with map, descriptive text, summary tables, and photographs): Reston, Virginia, U.S. Geological Survey (map scale 1:1,200,000). (CDOW) Colorado Division of Wildlife. 2011. Colorado Species Distribution. Layer package. Available online at: http:f/ndis.nrel.colostate.edu/ftpfindex.html. (Accessed June 2018) (CPW) Colorado Parks & Wildlife. 2013. To produce a general level vegetation map for the State of Colorado. Basinwide Layer Package. Available online at: http://www.arcgis.com/home/item. html?id=893739745fcd4e05af8168b7448cda0c. (Accessed July 2018) (CPW) Colorado Parks & Wildlife. 2017a. Prebles Meadow Jumping Mouse (overall range). Available online at: http://cpw.state.co.usllearn/Pages/KMZ-Maps.aspx. (Accessed June 2018) (CPW) Colorado Parks & Wildlife. 2017b. Species Profiles. Available online at: http://cpw.state.co.us/learn/Pages/SpeciesProfiles.aspx. (Accessed in June 2018) (CPW) Colorado Parks & Wildlife Species Activity Mapping (SAM). 2017c. Available online at: https://www.arcgis.comihomefitem.html?id 190573c5aba643a0bc058e6f7f0510b7.. (Accessed in June 2018) (EPA) United States Environmental Protection Agency. 2018. Surf Your Watershed. Available online at: http://cfpub.epa.govlsurfllocate/index.cfm. (Accessed in June 2018) (FEMA) Federal Emergency Management Agency. National Flood Hazard Layer. Available at https://www.fema.govinational-flood-hazard-layer-nfhl. (Accessed June 2018) Fertig, W., R. Black, and P. Walken. 2005. Rangewide Status Review of Lite Ladies' -Tresses (Spiranthes diluvialis). Prepared for the U.S. Fish and Wildlife Service and Central Utah Water Conservation District. 101 pp. Google Inc. 2018. Google Earth Elevation Profile, version 7.3.1.4507 Accessed July 2018. Haig, S.M. 1992. Piping Plover. In: The Birds of North America, No.2 (A. Poole, P. Stettenheim, and F. Gill, Eds.). Philadelphia: The Academy of Natural Sciences; Washington, DC: The American Ornithologists' Union. DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 21 (NRCS) Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. 2016. Available online at http://websoilsurvey.nres.usda.gov/. (Accessed in July 2018) (MRCS) Natural Resources Conservation Service. 2017. Lists of hydric soils, national list, all states. Available online at: https://www.nres.usda.gov/Internet/FSE_DOCUMENTS/nreseprd 1316619.html. (Accessed in April 2018) (NRCS) Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. 2018. Official Soil Series Descriptions. Available online. Accessed July 2018. (USFWS) U.S. Fish and Wildlife Service. 1985. Endangered and Threatened Wildlife and Plants; Interior Population of the Least Tern Determined to be Endangered. Federal Register 50:21784-21792. (USFWS) U.S. Fish and Wildlife Service. 1993. Endangered and Threatened Wildlife and Plants; Final Rule to List the Mexican Spotted Owl as a Threatened Species. Federal Register 58:14248-14271. (USFWS) U.S. Fish and Wildlife Service. 1994. Whooping Crane Recovery Plan. Albuquerque, New Mexico. 104 pp. (USFWS) U.S. Fish and Wildlife Service. 1998. Endangered and Threatened Wildlife and Plants; Final Rule to List the Preble's Meadow Jumping Mouse as a Threatened Species. Federal Register 63(92):26517-26530. (USFWS) U.S. Fish and Wildlife Service. 2007. Endangered and Threatened Wildlife and Plants; Removing the Bald Eagle in the Lower 48 States from the List of Endangered and Threatened Wildlife. Federal Register 72:37346-37372. (USFWS) U.S. Fish and Wildlife Service. 2013. Mexican Spotted Owl (Strix occidentalis lucida). Available online at: http://www.fws.govlsouthwestles/MSO_Main.html. {Accessed June 2018) (USFWS) U.S. Fish and Wildlife Service. 2014a. The Preble's Meadow Jumping Mouse 5 -year Review. 15 pp. (USFWS) U.S. Fish and Wildlife Service. 2014b. Revised Recovery Plan for the Pallid Sturgeon (Scaphirhynchus albus). Denver, Colorado. 115 pp. (USFWS) U.S. Fish and Wildlife Service. 2014c. Species Profile Western Prairie Fringed Orchid (Platanthera praeclara). http://ecos.fws.govlspeciesProfile/profile/speciesProfile.action?spcode=Q2YD. (Accessed April 2018) DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 22 (USFWS) U.S. Fish and Wildlife Service. 2017. Species Biological Report for Colorado butterfly plant (Oenothera coloradensis; formerly Gaura neomexicana subsp. Coloradensis). Available online at: https:/fwww.fws.gov/wyominges/PDFs/BO_Reports12o170607 BiologicalReport_Colora dobutterflyplantFinal.pdf. (Accessed April 2018) (USFWS) U.S. Fish and Wildlife Service. 2018a. National Wetlands Inventory. Available online at: http://www.fws.goviwetlands/Data/Mapper.html. (Accessed in June 2018) (USFWS) U.S. Fish and Wildlife Service. 2018. IPaC — Information Planning and Conservation System. Available online at: http://ecos.fws.gov/ipac/. (Accessed June 2018) DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 23 ATTACHMENT A Figures f Figure 1: Project Location Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 Legend J43 Project Facility t;t*pr 3 15 n!rril rs-.1 Sources: Esri, HERE, DeLorme`JUSGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Mapmylndia, NGCC, `> OpenStrootMap contributors, and the GIS User Community penStreetMap contributors, S'0uroe. Esri:, q [ 'S, AeroGRI IG"�l, ackat7e C 0 1:190,080 1 Inch - 3 miles 3 Miles rII UPL0 ... _ . - it 1 ' �•_ ra N y �_ MS ` dam t^ 1.��FF' - - - - s � ^.. a tST 4r) I_ ' } 'fit C -'11) n _ u�M - �. . 1' — ' ry ,,1- . 1 ' is I' I k •fir is. 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Data Refreshed Ap talGlobe C Figure 3: Potential Waters of the U.S. Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 ^J^ r ^ .Vip lh'r i'+1 . 7fici+li. J 6'-ri?g;_5 c. Figure 3: Potential Waters of the U.S. Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 Page 4 of 9 Project Facility Crossing G�f1=And 1('v'ildtife ervi:E-ii, cfiiG'+7=G 'iic}nalI-lydrpgr- "1[s; Vii; ree1r lap {, r� JCo. Nation..! 13f1'i,' 's: en 1 Sty =set. Data Refreshed A ,burQe sri, Ua it:al al�t� okiTr3.9I ihl. GI 2,000 1:24,000 tla" is_Iaan1 fws gov, USGS 'FE, B Lrfre RA:am ylndia, aq..a CJAEJ!Airbus 2,000 Feet 1 inch = 2,000 feet r i' i�_ _S:.`� ��r. ''i r X6''5' r i „3 �{`•" rTt .F R.4ts:ga 13 r' C.li] r 3 'GI^ ,) �.'YL s •j �' ri.� �� . n - r v.� si 'Tha-ra..YIZ.ii1 L'iF�U� �' �� v��I }r•-�'r`1 yii ,l '-.+(g*�r.. }�e' � Figure 3: Potential Waters of the U.S. Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 wellancis taarn@f. Eri, HERE, DeLorir Earthstar Geogr: r_1' Figure 3: Potential Waters of the U.S. Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 Page 6 of 9 Legend MP 017.1 Project Facility Crossing 1rt;trlitriA J" l �} r, MP 030 • IMP ir.-UMW tla ional St qo!a-idss& 1 sdtp ca61 Tern, wetlandsteajrl@fwS apv, 0,8t, Dataset. 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Lp I ' o ;" � Jay �hi�'",�.'� ', r ti= _-�,'J_�.'-'J 1 f!�p � aGi l.�_?',`i•� • Figure 3: Potential Waters of the U.S. Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 C Stitt Ave I1 C of tai Ares ' �' a`!� ) rC "� ��7 icititr:— r: .lt:41- _1'yr L:"l. �'�•Y �y �. i r�'.Y.� a �1z r� Ana �y d FS.9 Raja „� P .TLJ 1 �'. Salsa i .E_. .}.:..__ .J� �,_.•::t .14� - 0 41 tiL. t.Ja -� 1�:VCrv�.c'�p :JL-V 1 } r f• - •J ;i tts__ L^ ./ rr�sFr V� I -@ i4.- i' a� C __ r�-y~ d• 1 v �' 9 rc� c`'i `f. C' _'l�ki :. �".^.S� � Piri0_'�.....�_7}• ' '` .�q bD ey_ 0 K p f up t• F�. t f���7.+n ry r ri ril 11.x.:ti J ct r ��.y.:- iC+ /'+' rl"i� '\..t�'•:1J: A•J�J {��' �f.'•1 L`:A`s 14�1_'L L�0 ! �b� •, t. —ice•`'' �r•�C�_1 ,j) 1 !•'ri• �_. _C�r' G••��.11 S. .T'" a O _L�_V"'� �. ���^ �_'{�.11v''i, ���`�'�_L .1 _ IV � i ti+���-_ :a Figure 3: Potential Waters of the U.S. Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 U L%• JK "_fit 'rl };�' ."`: r:.�. iii T" 1' ti t FJ' J �i�'f,�. f�'f 1 r ,_ • IIJt'' ,J ti_; Ay , i �lie�.:�_:. t`��' _l1.il �� �-�L�. _ . i +�_4'.�s�. i t 7i�i l__" 'f stir Y• i� �ri•(''•� O•��e._._-•i`�•b 1�^-1 L5 I �0..3i � 'i'.t•� P. Is`'t4fi�?L '�T _�1C�� �•' � �t •�1hL-,�t•.�_.. '?,.fJ�``; Goo !_•,��[t<.,:� � •�•::-.�� ��. i_�r`.11L'.�, ll'';'�1, Figure 4: FEMA Floodplain Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 Esri, HERE, JCibLor n ;J'V�laprnylndia, (1) Op61`.$6rx (M41:w cm r Earlhstar Gejjaphic ; CIA S/Airbu D, , USIA, USGS, APy •� Figure 4: FENIA Floodplain Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 .P41 E ll('1tio Figure 4: FEMA Floodplain Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 Page 3 of 9 Legend Project Facility 74 -tst ;, A >,v r :I::: �s, N. l [_-E� Gv.L4�-:u o [:k 1f t.i © .. en.StreetM. • v , . ° . ` T' „ 4 I l~ -n i5.._'i. r. is ": :41FliPr.I v+i'q rcN�L i l -f ) DSO L I C :a 1 1 . 74 15P.11E3 LL(ttp tjI. t:.l ii.T .iiue [1:. .f'' g-f91:U1 "t ? 1O0 -year FEMA Designated Floodzone 2,000 1,000 0 1:24000 1 inch = 2,000 feet 2,000 Feet :` N APEX Esri, GigitaiGlobe, GeoE e, 4 II ��. •EsLU5� I_l, : ioti:X ,; e i` C4r+��( .c] s I�5_Us.E Conicou�ii . _ Figure 4: FEMA Floodplain Biological Resources Assessment DJ South Gathering, LW Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 sit rt!h7e, Mapmylndia, CIAOLEL.Airbu. p Rt ibutotS, Source: Esri, Digit:3i1Glc ION, and the GiS Asa'rO en rituri ; Figure 4: FEN1A Floodplain Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 Page 5 of 9 Legend Project Facility 1O0 -year FE(M1A Designated Floodzone 0 2,000 1,000 1:24000 2,000 Feet 1 inch = 2,000 feet ,l E t raw, - — -- s _ ' - India, © OpenStree *p coJi,tribubrs, Source: Esn, Digital 3101E -s, c• few -t, Airbus DS, USDA, J ;dAeroGRID, IG"'i, and tile GIS User 6fireii"��"i ' Figure 4: FENIA Floodplain Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 Page 6 of 9 Legend Project Facility 1O0 -year FEMA Designated Floodzone 2,000 1,000 0 2,000 Fee 1:24000 1 inch = 2,000 feet mss : 1 _ F LKI-VritAtt a' r l r t+' F Srl +1 i? C rr� h + 1 - . ? t: Cr:c C�.fl�` ._ _ui�o [•9� ;=���rt:,l.� � � �_..�(.-�..L�.... � ,�=�f�;�E�_:.� (r���y��, aJ.�^��' Y,+y....- - �� rFi{'�� (� �t. .��� �t ,� ( 1ct �-0 ( (�qr.��� �. ..�.Y,J n' 1.ryf^i 'W 7�l+ it 1 ger&P��hJ✓p tirJ 6 t5i:�:113J.'`. L-'�vlp f'ai'l �.'� g -'00 Astai I D Figure 4: FENIA Floodplain Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2©18 Apex Project No. 725050949001 rce: Esri, DigitalGlobe, N1, and the GIB' Lisa Coi h 41.1_ - =, 2,;Armrt,r Figure 4: FEMA Floodplain Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 sz. pot 100 -year FEMA designated FIoodzone IL 148 tli'Ahti • iii 1 Esri, HERE, DeLorme, M Ealhstar Gecxi rapt] Ch �4' iti ro 1,cLII _� �1 =,moo I "°'i�'." .0.e'1- sut [' . a �'_ " ,1"ty 'A .i f --`f :'y 5� I'"n "C�P'.�_=_t-�: L>�� I_:,_ �C�;�'-0 !: '�.�_:_ , �n:�L:, Q�.f Ln ���: t� f�-�,� �.�� �'c�::�'�vllni.ilras': Figure 4: FEMA Floodplain Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 Page 9 of 9 Legend Project Facility 100 -year FEMA Designated Floodzone 2,000 1,000 0 1:24000 1 inch = 2,000 feet 2,000 Feet :` N APEX • IT treetMap ranfrhu'tars, Source- - DS, USDA, USES, AeroGRID, Figure 5: Known Raptor Nests Biological Resources Assessment DJ South Gathering, LLC Adams and Weld Counties, Colorado July 2018 Apex Project No. 725050949001 DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 24 ATTACHMENT B Site Specific Soil Reports 40° 14' 35" N 39° 41' 48" N 104° 50'1"W 101° 50' 1" W Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Colorado; and Weld ... (Matador Pipeline) A 5z3000 Map Scale: 1:296,000 if printed on A portrait (8.5" x 11") sheet. Meters 0 4000 8000 16000 24000 Feet 0 10000 20000 40000 60000 Map projection: Web Mercator Corner coordinates: WGSS4 Edge tics: UM Zone 13N WGSS4 104° 17'43"W 40° 14'35"N 39° 41' 48" N USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 7/8/2018 Page 1 of 6 a I- 0) .45 et co C-) a 0 TO f) {13 a c 0 C 0 3- a s - L c V Ca E * C a CO 0- c C a..r a C E -V a 2 a z la tt 0 LL z 0. 4 MAP LEGEND 04) 5 +-a co E 42 O C 3 Q C} o > -c cs4 E o r o E tt1 = 0 4U c Transportation rte. 03 0 S} (15 E 4- r tb 0 L nom. 4) L 2 CO � CL E 1 a 0 Resources Conservation Service z { co er ni (/) l4 0 Soil Rating Polygons Hydric (100%) • Hydric (66 to 99%) • i- 0ct {i5 R5 CO<15C ill {l� {C5 t.� no ti) r •U) 3 E 4) E • 5.5 N :4_ -6, -0 .� C 2 U _c 0 ca u) c U) C 0 en CL it— _ f CO 2 L) 0 o +r-i r C Z5 1 4` . E tie's Asa 4 c [1'J `.U' t� a in 14-� V)� � 't3 -a sEig t5 a)f.10 to C7. '— o i— " 5 O> r a) <( S it a • o -iii c�5 t! ?0 112 a.) 0 Z i 45 0 (134% 2 O t) cis' 2 c = - — a a '0 t5 = 5_ :75< 03 F- 0 W O W Hydric (3'3 to 65%) C e En co a L Q rib .c 0 Hydric (1 to 32%) • Not Hydric (0%) • C a 417 Rating Lines ■M ci U, Hydric (100%) Hydric (66 to 99%) Hydric (33 to 65%) r 0 to o c 0•- 2 L o to 12 Hydric (1 to 32%) Not Hydric (0%) con 0 ai Ela r -n' (Ti ft c s- o E ( c — 0 Ca C13 < L >, 'a U) d: 4) 13 S { - cz Et z it (t o, 4D a (94 .ice C C 4D L 7 i Rating Points ■M "3 4) -t-+ a 0- E £ 3 - (di L;r' fd N L CD CO 0 421) Cdf) rs CL C t 5 0 E . " a 0 CO Hydric (100%) Hydric (66 to 99%) ows) for map scales 4, .C E Hydric (33 to 65%) Hydric (1 to 32%) Jan 1, 1999 Dec 31, images were photographed: cisic .a) 0 N Not Hydric (0%) It CO •c 53 a) V L 0 4 2 2 `— AS U) O. • • U5 E C) CS a as 60 03 4,5 -ma 3 EarS-) -Fp agn 0 LE gt 1- 0 .i S C L 7 ■ 0 0 0 ® 0 Water Features 03 r_ Co y.._ 0 0 Nl a- 0) a 'a g Co.a _ a3 a)" in 0 co C z Resources Ct z Conservation Service 911 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Colorado; and Weld County, Colorado, Southern Part Matador Pipeline Hydric Rating by Map Unit Map unit symbol Map unit name Rating Acres in AOI Percent of AOI AaB Adena loam, percent slopes 0 to 3 0 0.5 0.1% AcC Adena-Colby association, sloping gently 0 38.8 9.6% AcD Adena-Colby association, moderately sloping 0 9.3 2.3% AsB Ascalon to 3 sandy loam, percent slopes 0 0 3.3 0.8% AsC Ascalon to 5 sandy loam, percent slopes 3 0 7.7 1.9% At Ascalon-Platner association 0 19.1 4.7% AvC Ascalon loams, slopes -Vona sandy 1 to 5 percent 0 157 3.9% Lu Loamy alluvial land 5 2.8 0.7% ReB Renohill loam, percent slopes 1 to 3 0 1.3 0.3% StD Stoneham loam, percent slopes 3 to 5 0 14.2 3.5% TrE Terry -Tassel complex, percent -Ulm 3 slopes to 20 0 2.2 0.5% UID Ulm loam, slopes 5 to 9 percent 2 1.0 0.3% VnD Vona loamy sand, percent slopes 3 to 9 0 1.3 0.3% WmB Weld loam, 1 percent slopes to 3 0 29.0 7.2% WrB Weld-Deertrail 0 to 3 complex, percent slopes 0 36.9 9.1% Wu E Wiley-Adena-Renohill complex, percent 3 slopes i ll to 20 0 4.6 1.1% Subtotals for Soil Survey Area 188.0 46.4% Totals for Area of Interest 404.7 100.0% Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 5 Ascalon to 3 sandy loam, percent slopes 0 0 0.2 0.0% USDA Natural Resources a Conservation Service Web Soil Survey National Cooperative Soil Survey 7/8/2018 Page 3 of 6 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Colorado; and Weld County, Colorado, Southern Part Matador Pipeline Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 10 Bankard to 3 frequently sandy loam, percent slopes, flooded 0 0 2.1 0.5% 15 Colby loam, 1 percent slopes to 3 0 13.1 3.2% 16 Colby loam, 3 percent slopes to 5 0 3.4 0.8% 18 Colby-Adena 9 laarns, percent slopes 3 to 0 57.9 14.3% 25 Haverson loam, percent slopes 0 to 1 4 4.2 1.0% 26 Haverson loam, percent slopes 1 to 3 0 2.2 0.5% 35 Loup-Boel 0 to 3 loamy sands, percent slopes 55 1.2 0.3% 43 Nunn loamy sand, percent slopes 0 to 1 0 4.6 1.1% 44 Olney 3 loamy sand, percent slopes 1 to 0 15.2 3.7% 47 Olney fine 1 to 3 sandy loam, percent slopes 0 7.2 1.8% 49 Osgood sand, percent slopes 0 to 3 0 3.3 0.8% 61 Tassel fine 5 to 20 sandy percent loam, slopes 0 1.1 0.3% 63 Terry fine to 9 sandy loam, percent slopes 3 0 0.6 0.2% 69 'talent sand, percent slopes 0 to 3 0 19.5 4.8% 70 Valent sand, percent slopes 3 to 9 0 25.2 6.2% 72 Ilona loamy sand, percent slopes 0 to 3 0 4.7 1.2% 73 Vona loamy sand, percent slopes 3 to 5 0 0.9 0.2% 79 Weld loam, 1 percent slopes to 3 0 49.0 12.1% 83 Wiley -Colby to 5 complex, percent slopes 3 0 1.4 0.3% Subtotals for Soil Survey Area 216.7 53.6% Totals for Area of Interest 404.7 100.0% USDA Natural Resources a Conservation Service National Cooperative Soil Survey Web Soil Survey 7/8/2018 Page 4 of 6 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Matador Pipeline Colorado; and Weld County, Colorado, Southern Part Description This rating indicates the percentage of map units that meets the criteria for hydric soils. Map units are composed of one or more map unit components or soil types, each of which is rated as hydric soil or not hydric. Map units that are made up dominantly of hydric soils may have small areas of minor nonhydric components in the higher positions on the landform, and map units that are made up dominantly of nonhydric soils may have small areas of minor hydric components in the lower positions on the landform. Each map unit is rated based on its respective components and the percentage of each component within the map unit. The thematic map is color coded based on the composition of hydric components. The five color classes are separated as 100 percent hydric components, 66 to 99 percent hydric components, 33 to 65 percent hydric components, 1 to 32 percent hydric components, and less than one percent hydric components. In Web Soil Survey, the Summary by Map Unit table that is displayed below the map pane contains a column named 'Rating'. In this column the percentage of each map unit that is classified as hydric is displayed. Hydric soils are defined by the National Technical Committee for Hydric Soils (NTCHS) as soils that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part (Federal Register, 1994). Under natural conditions, these soils are either saturated or inundated long enough during the growing season to support the growth and reproduction of hydrophytic vegetation. The NTC HS definition identifies general soil properties that are associated with wetness. In order to determine whether a specific soil is a hydric soil or nonhydric soil, however, more specific information, such as information about the depth and duration of the water table, is needed. Thus, criteria that identify those estimated soil properties unique to hydric soils have been established (Federal Register, 2002). These criteria are used to identify map unit components that normally are associated with wetlands. The criteria used are selected estimated soil properties that are described in "Soil Taxonomy" (Soil Survey Staff, 1999) and "Keys to Soil Taxonomy" (Soil Survey Staff, 2006) and in the "Soil Survey Manual" (Soil Survey Division Staff, 1993). If soils are wet enough for a long enough period of time to be considered hydric, they should exhibit certain properties that can be easily observed in the field. These visible properties are indicators of hydric soils. The indicators used to make onsite determinations of hydric soils are specified in "Field Indicators of Hydric Soils in the United States" (Hurt and Vasilas, 2006). References: Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. USDA Natural Resources Web Soil Survey a Conservation Service National Cooperative Soil Survey 7/8/2018 Page 5 of 6 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Matador Pipeline Colorado; and Weld County, Colorado, Southern Part Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service. U.S. Department of Agriculture Handbook 436. Soil Survey Staff. 2006. Keys to soil taxonomy. 10th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. Rating Options Aggregation Method: Percent Present Component Percent Cutoff: None Specified Tie -break Rule: Lower USDA Natural Resources Web Soil Survey a Conservation Service National Cooperative Soil Survey 7/8/2018 Page 6 of 6 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Colorado MAP LEGEND Area of Interest (AO!) Area of Interest (AOI) Sol is Soil Rating Polygons Hydric (100%) Hydric (66 to 99%) Hydric (33 to 65%) Hydric (1 to 32%) Not Hydric (0%) Not rated or not available Soil Rating Lines r 0 0 $0 $ 0 Hydric (100%) Hydric (66 to 99%) Hydric (33 to 65%) Hydric (1 to 32%) Not Hydric (0%) Not rated or not available Soil Rating Points O D O O O O Hydric (100%) Hydric (66 to 99%) Hydric (33 to 65%) Hydric (1 to 32%) Not Hydric (0%) Not rated or not available Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography MAP IN FORMATION The soil surveys that comprise your AOI were mapped at 1:20,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Adams County Area, Parts of Adams and Denver Counties, Colorado Survey Area Data: Version 14, Oct 5, 2017 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jul 17, 201 5 —Mar 9, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources facal Conservation Service Web Soil Survey National Cooperative Soil Survey 7/8/2018 Page 2 of 5 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Colorado Hydric Rating by Map Unit Map unit symbol Map unit name Rating Acres in AOI Percent of AOI At Ascalon-Platner association 0 67.1 90.6% Ttd Truckton to 9 loamy sand, percent slopes 3 2 7.0 9.4% Totals for Area of Interest 74.1 100.0% USDA Natural Resources Web Soil Survey a Conservation Service National Cooperative Soil Survey 7/8/2018 Page 3 of 5 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Colorado Description This rating indicates the percentage of map units that meets the criteria for hydric soils. Map units are composed of one or more map unit components or soil types, each of which is rated as hydric soil or not hydric. Map units that are made up dominantly of hydric soils may have small areas of minor nonhydric components in the higher positions on the landform, and map units that are made up dominantly of nonhydric soils may have small areas of minor hydric components in the lower positions on the landform. Each map unit is rated based on its respective components and the percentage of each component within the map unit. The thematic map is color coded based on the composition of hydric components. The five color classes are separated as 100 percent hydric components, 66 to 99 percent hydric components, 33 to 65 percent hydric components, 1 to 32 percent hydric components, and less than one percent hydric components. In Web Soil Survey, the Summary by Map Unit table that is displayed below the map pane contains a column named 'Rating'. In this column the percentage of each map unit that is classified as hydric is displayed. Hydric soils are defined by the National Technical Committee for Hydric Soils (NTCHS) as soils that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part (Federal Register, 1994). Under natural conditions, these soils are either saturated or inundated long enough during the growing season to support the growth and reproduction of hydrophytic vegetation. The NTC HS definition identifies general soil properties that are associated with wetness. In order to determine whether a specific soil is a hydric soil or nonhydric soil, however, more specific information, such as information about the depth and duration of the water table, is needed. Thus, criteria that identify those estimated soil properties unique to hydric soils have been established (Federal Register, 2002). These criteria are used to identify map unit components that normally are associated with wetlands. The criteria used are selected estimated soil properties that are described in "Soil Taxonomy" (Soil Survey Staff, 1999) and "Keys to Soil Taxonomy" (Soil Survey Staff, 2006) and in the "Soil Survey Manual" (Soil Survey Division Staff, 1993). If soils are wet enough for a long enough period of time to be considered hydric, they should exhibit certain properties that can be easily observed in the field. These visible properties are indicators of hydric soils. The indicators used to make onsite determinations of hydric soils are specified in "Field Indicators of Hydric Soils in the United States" (Hurt and Vasilas, 2006). References: Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. USDA Natural Resources Web Soil Survey a Conservation Service National Cooperative Soil Survey 7/8/2018 Page 4 of 5 Hydric Rating by Map Unit Adams County Area, Parts of Adams and Denver Counties, Colorado Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service. U.S. Department of Agriculture Handbook 436. Soil Survey Staff. 2006. Keys to soil taxonomy. 10th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. Rating Options Aggregation Method: Percent Present Component Percent Cutoff: None Specified Tie -break Rule: Lower USDA Natural Resources Web Soil Survey a Conservation Service National Cooperative Soil Survey 7/8/2018 Page 5 of 5 DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 25 ATTACHMENT C USFWS Site Specific IPaC Report United States Department of the Interior FISH AND WILDLIFE SERVICE Colorado Ecological Services Field Office Denver Federal Center P.O. Box 25486 Denver, CO 80225-0486 Phone: (303) 236-4773 Fax: (303) 236-4005 http://www.fws.govicoloradoES http://tip.. ww.fws.goviplatteriver In Reply Refer To: Consultation Code: 06E24000-2018-SLI-1255 Event Code: 06E24000 -2018-E-03340 Project Name: Matador Pipeline July 06, 2018 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factorscould change this, list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat, Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the EGOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CF402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 07/06/2018 Event Code: 06E24000 -2018-E-03340 2 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.goyiendangerediesa-library/pdf/TOC-GLOS.PDF Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http : // www. fws . gov/migratorybirds/CurrentBirdIs sueslHazards/towers/towers .htm; http:// www.towerkill.com; and http : //www. fws . gov/migratorybirds/CurrentBirdIs sues/Hazards/towers/ comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • USFWS S National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands 07/06/2018 Event Code: 06E24000 -2018-E-03340 3 07/06/2018 Event Code: 06E24000 -2018-E-03340 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Colorado Ecological Services Field Office Denver Federal Center F.O. Box 25486 Denver, CO 80225-0486 (303) 236-4773 07/06/2018 Event Code: 06E24000 -2018-E-03340 2 Project Summary Consultation Code: 06E24000-2018-SLI-1255 Event Code: Project Name: Project Type: 06E24000 -2018-E-03340 Matador Pipeline OIL OR GAS Project Description: 41 miles in Adams and Weld Counties, CO Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.comimapsiplace/40.1258138750741N104.59212315957348W Counties: Adams, CO Le i' j m ')rl t Denver Weld, CO 07/06/2018 Event Code: 06E24000 -2018-E-03340 3 Endangered Species Act Species There is a total of 9 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Note that 5 of these species should be considered only under certain conditions. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries', as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Preble's Meadow Jumping Mouse Zapus hudsonius preblei There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecpispecies/4090 Threatened 07/06/2018 Event Code: 06E24000 -2018-E-03340 4 Birds NAM E Least Tern Sterna antillarum Population: interior pop. No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https ://ecos. fws. gov/ecp/species/8 505 Mexican Spotted Owl Strix occidentalis lucida There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws. ov/ecp/species/8196 Piping Plover Charadrius melodus Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location is outside the critical habitat. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.g_ov/ecp/species/6039 Whooping Crane Grus americana Population: Wherever found, except where listed as an experimental population There is final critical habitat for this species. Your location is outside the critical habitat. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecos.fws.gov/ecp/species/7i 58 Fishes STATUS Endangered Threatened Threatened Endangered NAM E STATUS Pallid Sturgeon Scaphirhynchus albus No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https://ecas.fws.gov/ecp/species/7 1 62 Endangered 07/06/2018 Event Code: 06E24000 -2018-E-03340 5 Flowering Plants NAM E STATUS Colorado Butterfly Plant Gaura neomexicana var. coloradensis There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecas.fs.gov/ecp/species/6110 ate Ladies' -tresses Spiranthes diluvialis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2159 Western Prairie Fringed Orchid Platanthera praeclara No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • Water -related activities/use in the N. Platte, S. Platte and Laramie River Basins may affect listed species in Nebraska. Species profile: https ://ecos. fws. gov/ecp/species/ 1669 Critical habitats Threatened Threatened Threatened THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 07/06/2018 Event Code: 06E24000 -2018-E-03340 1 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. REFUGE INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED. PLEASE CONTACTTHE FIELD OFFICE FOR FURTHER INFORMATION. 07/06/2018 Event Code: 06E24000 -2018-E-03340 1 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden Eagle Protection Ace-. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E -bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur of the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below.. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME Bald Eagle Ha liae etus leuco cepha lus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https :l/ecos. fws. govlecp/species/l 626 Burrowing Owl Athene cunicularia This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https ://ecos. fws. gov/ecp/spec ies/9737 BREEDING SEASON Breeds Oct 15 to Jul 31 Breeds Mar 15 to Aug 31 07/06/2018 Event Code: 06E24000 -2018-E-03340 2 NAME Cassin's Sparrow Aimophila cassinii This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos. fws.gov/ecp/species/9512 Golden Eagle Aquila chrysaetos This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos. fws.gov/ecp/species/1680 Lark Bunting Calamospiza melanocorys This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https ://ecos. fws.gov/ecp/species/96 79 Mountain Plover Charadrius a drius montanus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and. Alaska. https ://ecos. fws. gov/ecp/species/3 638 BREEDING SEASON Breeds Aug 1 to Oct 10 Breeds Jan 1 to Aug31 Breeds May 10 toAug 15 Breeds elsewhere Breeds Apr 15 to Aug 15 Willet Tringa semipalmata Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 5 and Alaska. Willow Flycatcher Empidonax traillii illii This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https ://ecos. fws. gov/ecp/species/34 82 Probability Of Presence Summary Breeds May 20 to Aug 31 The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4 -week months.) A taller bar indicates a higher probability of species presence. The survey effort (see 07/06/2018 Event Code: 06E24000 -2018-E-03340 below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (I) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the l Okm grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES Bald Eagle Non -BCC Vulnerable probability of presence breeding. season I survey effort — no data JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 1- I r I I I I I I I II • Vli�l 1 -_I ---,--- 1 1 07/06/2018 Event Code: 06E24000 -2018-E-03340 4 SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Burrowing Owl BCC - BCR Cassin's Sparrow BCC - BCR Golden Eagle BCC - BCR Lark Bunting BCC - BCR Lesser Yellowlegs BCC Rangewide (CON) Mountain Plover BCC Rangewide (CON) Willet BCC Rangewide (CON) Willow Flycatcher BCC - BCR -I- 1 ----1 ,--1--1--I- +--- F ,- -• 1 --� - 1- -1--�- -i--- I--I- -I- --I -�--�- -�--I- -I---- +_�. I-,--I--I--I- +-I 111 ±- - T -I-- 11- 1 -I- 1 -I- 11 Additional information can be found using the following links: 1 1 -,- 1 1 1 —+ — � -4- ✓ � a—. ■ Birds of Conservation Concern http://www.fws.govibirdsimanagementimanaged-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http: //www. fws . gov/b1rds/ management/project-assessment-tools-and-guidance/ conservation -measures . plop • Nationwide conservation measures for birds http://www.fws.govimigratorybirds/pdfir management/nationwidestandardconservationmeasures .pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. 07/06/2018 Event Code: 06E24000 -2018-E-03340 5 The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKK). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cells) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the E -bird Explore Data Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my pr of ect area ? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing) . 07/06/2018 Event Code: 06E24000 -2018-E-03340 6 Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your proj e ct review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NC OS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use ofYour Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cells) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 07/06/2018 Event Code: 06E24000 -2018-E-03340 1 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER EMERGENT WETLAND ■ PEM 1A ■ PEM1C ■ PEM1K FRESHWATER POND ■ PUSc OTHER ■ Pf RIVERINE ■ R4SBC ■ R4SBA ■ RSUBFx DJ South Gathering, LLC Matador Project Biological Resources Assessment, Adams and Weld Counties, CO July 2018 Page 26 ATTACHMENT D Cultural Resources File Review Report AAA ALPINEARCHAEOLOGICAL CONSULTANTS, INC. A Cultural Resources Desktop Review of the Proposed Matador Adams County to Platteville Pipeline On June 20, 2018, Alpine Archaeological Consultants, Inc. (Alpine) reviewed the Colorado Office of Archaeology and Historic Preservation's (OAHP) online Compass database to identify previously conducted inventories and previously recorded sites near the proposed Matador Adams County to Platteville Pipeline (Project), which consists of an approximately 40 -mile -long pipeline and an associated facility in Adams County, Colorado. The desktop review extended the full length of the proposed pipeline and covered 0.5 miles on either side of the centerline, for a total width of 1 mile. A variety of previously conducted cultural resources surveys including projects for oil and gas development, an airport, a sewage treatment plant, and federal agencies are inside the file search area. The largest of the nearby surveys do not overlap the Project centerline, and thus do not allow for survey exclusion. Those projects that do overlap the Project centerline are so small that any survey exclusion is insignificant. Within the 1 -mile -wide file search area, there are 15 previously recorded sites. Of these, five intersect the pipeline centerline, and include a road, one transmission line, one railroad, one canal, and one historical habitation site. Table 1 summarizes the previously recorded sites that intersect the centerline, including each resource's eligibility and general location along the proposed route. A review of the topographic maps —coupled with the Compass records indicates there is one railroad that intersects the pipeline centerline that is unrecorded within the file search area, but has a documented site number and NRHP determination from at least one recording that occurred outside the 0.5 -mile review area. The Burlington Northern Railroad (SWL 1423, officially eligible) crosses the centerline approximately 0.2 miles north of AGV No. 4. Table 1. Summary of Previously Recorded Sites along the Centerline. Site No. Site Type/Name Eligibility General Location 5AM 149 Inside Matador facility tract Box Elder -Living Springs Road Field not eligible 5AM472 Kansas Pacific Railroad 1.7 miles north of Matador Field not eligible g Facility 5AM 1531 Historic habitation Officially not eligible g 210 ft. south west of line; 2.1 miles of AGV No. 1 5WL3154.2 Hoyt —Terry Street Transmission Does not support pp linear 6.5 miles south of AGV No. 3 Line 5WL4078 Denver Hudson Canal AGV No. 3 Field eligible Member, American Cultural Resources Association AURA A P.O. Box 2075 • Montrose, Colorado 81402 • 900 S. Townsend Ave. •Montrose, CO 81401 phone 970.249.6761 • 800.770.6761 • FAX 970.249.8482 Two topographic features were identified that cross the centerline. Both consist of segments of the Jim No. 1 Lateral, which appears to be unrecorded in the Compass database. Based on the file search results, Alpine anticipates a high density of historical sites to be found during the inventory of the Project. Many of these sites are expected to be linear resources, primarily canals, but with some railroads also present. A low site density of prehistoric sites is expected to be found. i DSTREAM E FREQUENTLY ASKED ED QUESTIONS: Who is DJ South Gathering, LLC ARB Midstream, LLC DJ South Gathering LLC is a subsidiary company of ARB Midstream, LLC (ARB) is a crude oil, natural gas and refined products transportation company comprised of seasoned professionals who arc familiar with the commitment Colorado communities place on safety and protection of the environment. Our management team and Board of Directors has a combined energy industry experience of more than 150 years. Currently, ARB safely operates approximately 140 miles ofpip clines in Wel d and Larimer Counties. At ARB, we believe our reputation precedes us in how we interact with landowners, the quality land use application we submit, and our commitment to collaborate with the public and government officials in the communities in which we work. We are guided on every project that we undertake by our company strategy centered around an "Analyze, identify, execute and operate" philosophy. What materials will be transported in the ARB Matador Pipeline? The 16"-20" Matador Pipeline will transport crude oil and will be engineered to operate at a Maximum Allowable Operating Pressure (MAOP) of 1480 psi with Maximum Operating Pressure (MOP) of 740 psi. Where is the crude oil coming from a n d where is it going to? The Matador Pipeline will transport crude oil gathered from various oil and gas production facilities in Adams and Arapahoe Counties. Gathering lines will transport the oil from the production facilities and deliver to the Matador Pipeline at Bennett Station. The destination for the oil transported by the Matador Pipeline is a facility in Weld County located at Weld County Roads 30 and 49. From these facilities, the crude oil will have access to downstream markets via various third -party interstate and intrastate pipelines. How is the pipe placed in the ground? The Matador Pipeline will be horizontal directional drilled under roads, ditches, highways, rivers, rail lines and open cut in fields. All disturbed property will be reclaimed to the condition that existed prior to our activities. ARB's existing pipeline projects have always been reclaimed and left in a condition that meets or exceeds the landowner's expectations. What safety measures will be in place for the ARB Matador Pipeline? Crude oil pipelines are an extremely safe way to transport energy. The Matador Pipeline is being designed to exceed DOT regulations.. This will employ automated pressure shut down systems and leak monitoring equipment. ARB employs an independent safety team who is trained in operations, maintenance and emergency response related to the pipeline. All operations, tra. i ing, qualifications and any required responses are strictly defined by the US Department of Transportation's Pipeline and Hazardous Materials Safety Administration and followed by ARB. In the unlikely event of an emergency, ARB personnel would respond and react based on the various factors surrounding the event. ARB contracts an Oil Spill Response Organization which is available 24 hours a day, 7 days a week with all necessary support personnel, equipment and resources to respond to any size emergency. Communications and visits will be conducted with local emergency planning committees and first response personnel in areas the Matador Pipeline will operate. Attached: FAQ document How many trucks will be removed from roads by the ARB Matador Pipeline? Based on current producer commi m cnts to the Matador Pipeline, we estimate transportation of crude oil via pipeline vs. traditional trucking will eliminate approximately 2 MM. trucks from Weld County roads in the first ten years of the project. What permits are required and who is regulating the ARB Matador Pipeline? A land use permit is required through Weld County. In addition, road crossing permits and flood hazard development permits from Weld County will be required, where necessary. Pipelines also require additional permits, programs and plans listed below: • State of Colorado Stormwater Pollution Prevention Plan • State of Colorado Spill Prevention Countermeasure Control Plan • US Department of Transportation (DOT) Pre -Construction Notification • DOT Operations and Maintenance Manual • DOT Damage Prevention Program • DOT Integrity Management Plan • DOT Drug and Alcohol Plan • DOT Emergency Response Plan • DOT Operator Qualification Program • DOT Public Awareness Program • OSHA Safety Programs • Environmental Protection Agency (EPA) Protected Species and. Cultural Resource Permits and Surveys • Colorado Department of Transportation (CDOT) Road Crossing Permits • US Army Corps of Engineers (USACE) Pre -Construction Notification • Railroad Crossings • irrigation Ditch Crossings • Applicable Utility Crossings • Arapahoe County required Permits DJ South Gathering, LLC, a subsidiary of ARB Midstream, LLC 1600 Broadway, Suite 2400 Denver, CO 80202 September 6, 2018 Dear Fire Protection District Teams, MIDSTREAM Di South Gathering LLC ("DJSG"), a subsidiary of ARB Midstream, LLC, is proposing to lay up to a 20 -inch crude oil pipeline known as the Matador Pipeline Project. You are receiving notice of this proposed development as your property is within 150 feet from the centerline of the proposed crude oil pipeline. The proposed Matador Pipeline will transport crude oil from Bennett Station, located in Adams County near Interstate 70 and Manilla Road to an existing oil and gas storage and transloading facility located in Weld County approximately 1,000 feet southwest of the intersection of County Road 49 and County Road 30. Bennett Station will be the central deliver point "CDP" for multiple producers located in Adams and Arapahoe Counties. From the storage facility in Weld County, the crude oil will have access to downstream markets via various third -party interstate and intrastate pipelines that are already in place. DJSG is a crude oil and natural gas and refined products transportation company comprised of seasoned professionals who are familiar with the commitment Colorado communities place on safety and protection to the environment. Our management team and board of directors has a combined industry experience of more than 150 years. Currently, DJSG safely operates approximately 140 miles of pipelines in Weld and Larimer Counties. At DJSG we believe our reputation proceeds us in how we interact with landowners, the quality land use application we submit and our commitment to collaborate with the public and government officials in the communities in which we work. Supplied with this letter is a map of the proposed Matador pipeline route though Weld County along with a FACE sheet. DJSG will be working toward submitting the Weld County Use -by -Special Review Permit application in the next few weeks in hopes of approval and start of construction early next year. We would be more than happy to address any questions you or your family may have about this project. Please contact us at: 888-501-9397 or MatadorPipelinelnfo@ARBMidstream.com* Your input is very important to us throughout the entire project. Sincerely, Pw-e9let, 072, Devon Dageford Sr. Land Representative Di South Gathering, LLC ALAPEX November 13/ 2018 Colorado Parks and Wildlife (CPW) - Northeast Regional Office 6060 Broadway Denver, Colorado 80216 Attn: Ms. Kristin Cannon RE: Response to CPW's Comments on Weld County USR18-0103 Referral - Matador Pipeline Ms. Cannon, Thank you for the Colorado Parks and Wildlife (CPW) comments on the Di South Gathering's proposed Matador Crude Oil Pipeline Project (Project) to Mr. Kim Ogle, Weld County Planning Department dated October 19, 2018. DJ South Gathering will comply with the recommendations and guidance CPW has provided as the protection of wildlife and natural resources are a top priority for the Project. DJ South Gathering has the following response to the four biological concerns listed in the above referenced letter: • A bald eagle nest has been identified within 0.5 -mile of the proposed Project in Weld County (Section 17 T1 N R64W). Should construction be necessary during January 1 through July 31, surveys by a qualified biologist and coordination with United States Fish and Wildlife Service will be conducted. • Twenty-two known raptors nests of varying status were identified within %-mile of the Project in Weld County (including the known Swainson's hawk nest located at Weld County Road 30 and County Road 49). Should project construction be conducted within the nesting season of raptors (generally February 1 through August 15), surveys would be conducted by a qualified biologist prior to disturbance. O Should an active raptor nest be identified in the vicinity of the proposed project, CPW would be notified of the location and recommendations would be requested. The proposed Project will avoid all impacts to Box Elder Creek and its associated wetlands via horizontal directional drilling (HDD) technology. In addition, Di South Gathering is implementing an avoidance strategy at the identified sensitive resources and the few impacts anticipated will be minor and temporary. The United States Army Corps of Engineers will be notified of potential impacts as appropriate. A Storm Water Management Plan (SWMP) has been prepared for the proposed project to minimize to the extent possible sediment and/or chemical impacts to all aquatic resources. Apex Companies.. LLG 12100 Ford Road Suite 401 Dallas. Texas 75234 T469.365.1100 witivw.apexcos.com DJ South Gathering Matador Pipeline, Adams and Weld Counties, CO November 2018 Page 2 • Noxious weeds, as identified based on the Colorado Noxious Weed Act (35-5.5 CRS), are expected to be encountered as the majority of the proposed project area is located within recently disturbed areas, near roadways, and in fallow fields. A noxious weed and revegetation management plan will be developed and implemented to restore the project area to a state consistent with its pre -disturbance conditions and current surroundings. Specific seed mixes for revegetation will be chosen based on native status, landowner preferences, erosion control/stability, and ability to provide habitat for wildlife. We appreciate your continued assistance with this Project. Please feel free to contact me at 972-897- 8775 ifyou have anyquestions or comments regarding the Project Sincerely, Kelley Bayne Senior Scientist Apex Companies DJ South Gathering, LLC Matador Crude Oil Pipeline 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 31, 2018 have been included. Responses to requirements listed in Section 23-2-51.0 are listed below: A. The applicant's name and telephone number. The Applicant for this proposed project is DJ South Gathering, LLC ("MG") which is a subsidiary company of ARB Midstream, LLC. Refer to the application form provided with the submittal materials for more contact information. B. Address of the applicant and general OFFICE Refer to the application form provided with the submittal materials for all address and contact information. C. Summary Statement of the project, to include when applicable: a. Source, capacity, size, destination and type of facilities, support STRUCTURES. lines, etc., involved. The proposed Matador Pipeline ("Project" or "Pipeline") would be a sixteen inch (16") outside diameter crude oil pipeline. The Project would begin at Bennett Station Adams County and would traverse approximately 21 miles in southern Weld County running generally south to north, entering Weld County just north of the intersection of Weld County Road 57 andWeld County Road 2 and ending at the existing oil and gas transloading and storage facility ("Destination Point") currently permitted under SR15-0016 located southwest and adjacent to the intersection of Weld County Road 49 & Weld County Road 30. This is the first submittal to Weld County for the Project network. At this time DJ SO doesn't plan to tie additional pipelines into the Project but that could change subject to customer demands. The Project would terminate at the Destination Point and from there, the crude oil would be stored and piped to various downstream markets. The proposed Project at full scope would transport crude oil gathered from several wells in multiple Counties in Colorado. The Pipeline would have the following specs: 16" O.D. X 0.281" W.T., X60, ERW, API 51, PSL2, w/ 14-16 MILS FBE (Line Pipe) and 16" O.D. X 0.375" W.T., X60, ERW, API 5L PSL2, W/14-16 MILS FBE and 30 MILS ARO (HDD Pipe). The Pipeline would be designed to transport up to 160,000 barrels per day with the ability to increase capacity in the future. The Pipeline would be designed to have a maximum allowable operating pressure (MAOP) of 1,480 psi however DJSG would design the Pipeline to operate with a maximum operating pressure (MOP) of 740 psi. The Pipeline would be monitored by a SCADA system that would issue notifications 24 hours -a -day, 7 days -a -week and 365 days -a -year. The SCADA system monitoring station would monitor the entire Pipeline including leak detection metering and overpresuure preotection equipment and would send notification to required personnel for any abnormal operation along the proposed Pipeline route (including the entire proposed Weld County portion of the P ip el ine). The Pipeline would also undergo a series of testing prior to being placed in-service, including 100% NDT or X-ray of girth welds and 8 -hr hydrostatic testing of the entire pipeline performed at 1.25 to 1.5 that of the MA0P. 1 Construction commencement is anticipated to be Spring, 2019 and would last through the summer 2019. Depending on permit approval, construction may be completed sooner. The pipeline easements are negotiated between private land owners and MSG. The temporary construction easement is approximately 75 -feet wide and will acco iodate construction and reclamation activities. The permanent eas ent is approximately 30-50 feet wide. At this time, 85% of the required easements are finalized and the other 15% are in negotiations. Pipeline depth requirements are currently in development with Weld County Public Works for road crossings. When the Pipeline is on private property the minimum depth of burial would be at least four feet (4') of cover from the surface to the top of the Pipeline. The proposed Pipeline w oul d traverse multiple times across designated 100 -year floodplains as shown in (Map 1) below. There are two FEMA FIRM Map Numbers (081230215 5E I& 08123O1 75E) associated with those designated crossing areas along the proposed pipeline route. Flood Hazard Development Permits will be applied for shortly after this USR application submittal for concurrent review. Map 1: D.J South Gathering, LLC Proposed Matador Pipeline Route Areas Located in 100 -year Floodplain LI L C: CY 3 a n .A m r C, U U V I is CR NS U lb TETRN TEC H 'f.J'.Iwtylrli t $c. £i •.tfx:c•:'7r E '141.1 a'.f.':: ..P, IC• 1r: Legend r-JPraposed Winko Poetre late F Eelne r.:1 :e 2;lesln; ' Oo "Irda Floorplan 100 'Teal F uudµdn [3curdalles I11CIItwars Iul7jsb Weld Cc'.ffltj Rc2a , Rallwtys I-ILDSCN KEENE9RURG Weld ulf. 1 .......Asfains County r, an11:1r-URV = In r..otvn :.4_1il�UH I' "31:'16• PROPOSED NATkDDR PIPELINE ROUTE 744018 FLOODPLA N C ROSSI RG LOCATI ON S r•r i -i u -P Irk 2 The Pipeline would also cross Weld County maintained roads and Rights -of -Way. There are 10 proposed Weld County maintained road crossings, 7 of which that are Local County Road crossings, 1 Collector County Road crossing and 2 Arterial County Road crossings per the Weld County Functional Road Classification Map. There would also be 8 unmaintained Weld County ROW crossing locations, 2 CDOT Road ROW crossings locations and 2 Town of Hudson Road ROW Crossing locations shown on (Map 2 & Table 1) below. Crossing and Access Permits will be applied for shorly after this U SR application submittal for concurrent review. Map 2: DJ South Gathering, LLC - Proposed Matador Pipeline Route Public Road & ROW Crossings. -4 • air • * Ge NITETRA. TECH (w:.,, Iet' t_=h a_m 1:01 `• Swale*. S"..'w•f E:b. • _ nronr•rc Cni rar.^. ENE' FHI1b1Y •;fif::'.� ie '- iH: f3d• C•.11!_) if'l•+fl'.rl Legend Name CC0T MAIt'TAINED ROW CROSSINGS HI.DS0N ROW CROSSINGS WELD COUNTY UNMAINTA NED ROTA CRCS3IN3S WELD Cousin IAAIN-AINED LOCAL ROADWAY CROSSING WELD COU\1f MAIN-AINED CCLLECTDf ROADWAY CROSSING WELD COUNITN MAIN7AINEDARTERIAL ROADVW ; ROSSING S S • Highways Major Wald ;.aunty Roads -- I P.Eailwaya Patals Wain 150 Fee: of 3ipeliie Hunrisnn KeeneSbu'g •.._!Adams County Ell Welt: Cuunly 111 ...et,l2_ Foanssburg DJ H0UIH GATHERING, Lit MA.T Er_lR. PIPE LHE t9E_D CJIL1-Y, C0LOP.AUC MPLTADOR PIPELINE PROPOSED WEL) GOUNTY ROUTE WITH PURI r: Run Rfi1Nf:F[? AIAf;S M1R.Il1R1.St11f'1i1ta Miles N1rl,L'C� NO: 2X -"2 rii f •1 -'?ti} I DACE SEP-=ref i:( 14.≥) DEiJrrei ®7 R.R 3 Table 1: DJ South Gathering, LLC — Proposed Matador Pipeline Road & Right -of -Way Crossing List. DJSG Matador Pipeline Public Road & Right -of -Way Crossing List Map Key # Road Name Road Classification Jurisdiction 1 County Road 4 Unmaintained ROW Weld County 2 County Road 57 Unmaintained ROW Weld County 3 County Road 6 Local Road Weld County 4 County Road 8 Unmaintained ROW Weld County 5 County Road 55 Local Road Weld County 6 County Road 53 Local Road Weld County 7 County Road 10 Local Road Weld County 8 County Road 51 Local Road Weld County 9 State Highway 52 State Highway CDOT 10 County Road 51 Local Road Weld County 11 County Road 51 Local Road Weld County 12 County Road 14 Unmaintained ROW Town of Hudson 13 County Road 16 Local Road Town of Hudson 14 Interstate 76 Interstate Highway CDOT 15 County Road 18 Collector Road Weld County 16 County Road 20 Unmaintained ROW Weld County 17 County Road 49 Arterial Road Weld County 18 County Road 22 Arterial Road Weld County 19 County Road 47 Unmaintained ROW Weld County 20 County Road 26 Unmaintained ROW Weld County 21 County Road 47 Unmaintained ROW Weld County 22 County Road 28 Unmaintained ROW Weld County 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. The proposed Pipeline would transport crude oil and would have the following specs: 16" O.D. X 0.281" W.T., X60, ERW, API 5L PSL2, w/ 14-16 MILS FBE (Line Pipe) and 16" O.D. X 0.375" W.T., X60, ERW, API 5L PSL2, W/14-16 MILS FBE and 30 MILS ARO (HDD Pipe) . The Pipeline would be designed to transport up to 160,000 barrels per day with a maximum allowable operating pressure (MAOP) of 1,480 psi however DJSG plans to operate the Pipeline with a maximum operating pressure (MOP) of 740 psi. ii. A description of the preferred route or site and reasons for its selection. The proposed route crosses private/fee owned lands by means of right-of-way acquired by DJ SG. The majority of the route crosses private/fee owned lands, and therefore has resulted in the route primarily being dictated by each individual property owner. 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. 4 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. Map 3: DJ South Gathering, LLC - Matador Pipeline Parcels Crossed Map. S IC C. M w S. r T C Cr C' II C r Legend Matador DipeIine Roue 8.30.2018 Pnr .els Cmaserrl H ghweys Major Weld Oddity Roads Local Roads I I Railways H.indson Keenasb.irg C:3 Adorns Court. I IA'r.Id Cnunfy 0 0. MAPS CR 16.5 TETRA TECH 772,701S19[85. L,r7 r' 121.E MS -,172-5`2K Di 5aLT8 Gk7HERIMG. LLC UA AtCR PI r• ya I U C 0 J\ I Y. 4^. C, MW—AOOR PIPELINE F40FOSED VVELD CQURTT RCUTE PARCELS URCSSED f tz ael lac.: 2.1,11) I t:-'llJU' DAG SE r—_t.1DEP.. 1a,2t]'B L.isl]ne6 By gum - Ho. I 5 Table 2: DJ South Gathering, LLC - Proposed Matador Pipeline parcels crossed & recorded easement list. Di South Gathering, LLC - Matador Pipeline PARCEL OWNER PIPELINE CROSSING EASEMENT LIST PROPERTY OWNER RECEPTION # RECORDING DATE ABBOTT FARMS INC 4425612 8/24/2018 ABBOTT FARMS INC 4425614 8/24/2018 ARTER TIMOTHY & ERIN 4427434 8/31/2018 ASHLEY JOHN & RAEDENE 4427032 8/30/2018 BOSKY FARMS LLC 4427467 8/31/2018 BOSKY FARMS LLC 4427474 8/31/2018 BRATRSOVSKY DONALD & SUSAN 4427035 8/30/2018 COLORADO STATE OF TBD TBD COOK GEORGE TRENT 4227033 8/30/2018 DECHANT ALVIN JR 4429978 9/11/2018 DECHANT ALVIN JR 4429983 9/11/2018 DECHANT FARMS 4429981 9/11/2018 DECHANT FARMS PT 4429984 9/11/2018 FOSSETT COLUMBINE LLC TBD TBD FOSSETT COLUMBINE LLC TBD TBD GREENLEAF ACRES LLC 4428336 9/5/2018 GREENLEAF ACRES LLC 4427446 8/31/2018 GREENLEAF ACRES LLC 4427446 8/31/2018 GREENLEAF ACRES LLC 4427443 8/31/2018 GREENLEAF ACRES LLC 4427443 8/31/2018 B&B FAMILY TRUST 4425575 8/24/2018 GUTIERREZ FRANK & JOSEPHINE 4425576 8/24/2018 JONES RICHARD CASTO 4426569 8/28/2018 LAMBERT JAMES DONALD 4428976 9/7/2018 LAND LLOYD 4426570 8/28/2018 LAND LLOYD 4426570 8/28/2018 LAND LLOYD 4426570 8/28/2018 LEE PHANG M & VANG CHENG 4425580 8/24/2018 LLOYD LAND AIRPORT LLC 4426570 8/28/2018 LLOYD LAND AIRPORT LLC 4426570 8/28/2018 OPATRIL BRIAN & REBEKAH 4426568 8/28/2018 PSC OF COLORADO TBD TBD RAINES ROGER L. 4425571 8/24/2018 REASONER REAL ESTATE TRUST TBD TBD SCHROEDER DALE & SANDRA 4425615 8/24/2018 SWANK MARY P Executed Not Yet Recorded TBD SWANK PAUL M Executed Not Yet Recorded TBD 6 PROPERTY OWNER RECEPTION # RECORDING DATE SWANK ROBERT M Executed Not Yet Recorded TBD SWANK ROBERT M Executed Not Yet Recorded TBD TURECEK GEORGE J 4428940 9/6/2018 WES MOSER INC 4430160 9/11/2018 WES MOSER INC 4430160 9/11/2018 YEAGER RANDAL R 4426575 8/28/2018 Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites. Field and desktop research, coupled with participation of private property owners to help identify routing alternatives and the final proposed route are the main procedures that helped in mitigating adverse impacts of the proposed routes on the private property owners. Environmental mitigation steps were also deployed to develop the route that is proposed for consideration through this USR Process as well. Please refer to the APEX Matador Project Biological Resources Assessment Report provided in the application to see all Environmental Mitigation steps taken when identifying the proposed route. The selected route was deemed to be the most direct route, with minimal environmental impacts and satisfied property owner placement requests. Temporary and permanent access points will be determined and applied for prior to construction of the pipeline and tracking control would be deployed to keep mud and debris off the County and State road networks. DiSG G has and will continue to work 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 block valves and launchers/receivers would be located outside of County right-of-way to allow safe access for maintenance and fi el d personnel. A drainage narrative accompanies this application submittal. Grading, erosion, and sediment control plans and details would be included in the design plans of the Pipeline. A construction Stormwater Management Plan would be developed with a Notice of Intent filed with the State of Colorado, Department of Public Health and Environment. Dust mitigation would 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 would occur following placement of the Pipeline. The surface would be graded to minimize erosion and then replanted with the vegetation that existed prior to construction. Revegctation would be required for grassland and fallow land using native seed mixes specified by the local soil conservation service. Cultivated land would be graded to minimize erosion and then planted by the landowner for the next growing season. 7 d. An outline of the planned construction, including startup and commissioning schedule, to include the number of stages and timing of each. The entire Pipeline would be constructed at the same time. There would be one phase of this development. The planned construction timeline for this Project pending all permitting approvals is to commence Spring of 2019 and complete construction sometime in the Summer of 2019. e. Information of any public meeting conducted. to include the location, date, time. attendance and method of advertising. The Pipeline would be constructed within easements obtained by DJ SG from individual property owners throughout the entire Project. A map illustrating property ownership within 150 feet from either side of the Pipeline centerline, mailing information fact sheet, letter to the surrounding property owners and list of property owners the mailing was sent out to is included in the application materials. 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. Risks from accidents is possible. Transportation of crude oil i rough underground pipeline is viewed to be safer that other means of transportation such as trucking and railroads. The risks associated with crude oil pipelines arc 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 with respect to pipeline 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 and plans and construction details will be approved for each crossing. Timber • ats are typically used to protect existing pipelines at locations where the Matador Pipeline construction ve a cles 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 8 crews will stake out the pipeline centerline and casement boundaries based upon the approved and permitted construction drawings. • A SCADA system will monitor pressures and flows 24-7-365 and will issue notifications should any abnormal operating conditions be detected. g. 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 - DOMESTIWATER. 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. .DJir had a call with the Southeast Weld Fire Protection on September 5t' to discuss their need with regards to public safety and the emergency action plan. The Surrounding Property Owner Notification was also sent out to all 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. Map 5: DJ South Gathering LLC — Matador Pipeline Route Fire district boundaries: CR 3p ;7 51. S iL Legend -1U0.3{JN.FI E FROICIIC. N J HU ATrry I r- ci; mrc; rinr -'ror aieh nrrrlir SE VdCLL1 F r _ PRD1 C.:TICN OISTR.C al -4O ;IRE DISTRI:T ■S'rop:SXI rulatzac. Hip nc Fanbu: — �iQh:rar� — 1ie c kH CctirY}' rivedb — 3!ilfl4b Cs op : a.hdo. na Gouriy �. CxJTl' • CR 20 I —�+. 4aarlLoulrt} 160TH r —z I 11 AV lb TETRA TECH nv.�.lstralxtsan Gil T y.' a•.: -.K .n •. :.k.:l_ O?:: -� . aJSCu TI I .IIt;Ih.;, _Li 'dATANIF PPFLUJ! Clt:}FUMY Y!hWI? VL'JVi`.'. VOLS:FJ'•1Y.1 PRO POSFP M&Tarnp. P PFI INFR II1F IOtATION 'V'1J P6RFri TN PRE OIt-Rlf. SARFS MIJNOARIES PaJ.d Xi Td7' qj:1 Dde; SE'TEMEF E. S Drsimul E r LF. 9 Table 4: DJ South Gathering LLC — Matador Pipeline Route Fire District Contacts: Fire District: Contact: Title: SE Weld Fire Protection District Tom Beach Fire Chief Hudson fire Protection District Ken Ga brieison Fire Chief Platteville Gilierest Fire Protection District Dan Durkee Fire Chief A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated agricultural land. During negotiations with property owners, MG G considered placement of the Pipeline casements where it made the most sense to the property owners. In addition, see the map (Map 6) below illustrating the Pipeline route in comparison with the USDA Important Farmlands Map. Map 6; DJ South Gathering LLC, - Proposed Matador Pipeline Route Compared to the USDA Important Farmlands of Weld County Designation Layer: CR v U U a It Cl W G r C rs tgl Y7 rl, C Legend H,ljlirct' ntlD! :or/ Lra'alanc -'nm It IRavbcccsn.3 . rtgatc:l 1rcia.sd Lard Q7aI Ririe) ether L3 nd rirm {1!141ss U: F'a,R`k11':Ja Ur NdLlUnal (MK LEiT A PrimoIfley Ee:a.-r Irgate/ .tctadte r:p .n kcut~ 7;"J42OtE I I,dtlow$ ,,1;.ior Wald Gu.en y ReadS R�Iwa� a L.:i ACr'1S tiCunt'y" - -I Wald Cuuilk 1 I 1\-•-•7 sue" CT\ Ci CR4 TFTIVLTICW ,rw.1:I.roc;t.can VII ac -..n'. U - lt'�vlydyk—Th } Mr. . - tIrtie P W I3ili HuA.-4EBBlb.-:: 1 RF ^ATldl6R RIELr R %.LC.I XWT1' C)LnR{OC PROPOSED MATADOR PI 'ELISE ROUTE L-7CMT1'1F CflIPAR ED -C. I SIA IVA'CRTAIJT Fri R111 ANr)F n.7 WFIr}I:O I Nre. r)ar.4 CR 163 Mraaraaa.! anc'Ils 3n: -I ili'1-:4o1 Jatit 3EFTEABEF 1.771£ rlg.. flit 10 i. A discussion of how the proposal conforms with the guidelines of Chapter 2.2 of this Code and any other applicable code provision or ordinance in effect. The application materials for the proposed Project 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 Pipeline alignment is located in an area where there is already significant amount of oil and gas development. By locating the Pipeline in this area, MSG will be able to lower the overall impact of oil and gas development 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 suit{ice owner and the mineral owner/operations with respect to any developments of either the surface or the mineral estate. And 0.G. Goal 2. Ensure that the extraction of oil and gas resources conserves the land and minimizes the impact on surrounding land and the existing surrounding land uses. The Pipeline 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 thanCounty roads, the Pipeline will not travel through or underneath any significant structures. DJSG 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 future development plans for their property. By agreeing to an easement with each landowner, DJSG 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 a gricultura l lands and possible future land uses. DJSG has worked with each landowner to minimize impact to agricultural land. The casement agreements stipulate that they will provide compensation for loss of production as a result of the Pipeline installation. J. A Decommissioning Plan. The Pipeline will be designed to be safely operated for a projected lifetime of approximately 50 years. Integrity of the Pipeline will be regularly monitored during the life of the P ip el ine 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. 11 When the Pipeline is no longer useful to DJSG, it will be decommissioned and abandoned in accordance with applicable laws and regulations. Typical decommissioning process includes: flushing the pipeline free from all residual hydrocarbons, capping and sealing the ends of the pip cline, removing all above ground appurtenances and filling the pipeline with inert gas for stabilization. k. A description of any haul routes during construction, identifying the roads and bridges involved and the weight of the loads. A Traffic Narrative has been included with application materials. Haul routes would be dictated by the particular portion of the pipeline under construction. DJSG would likely use Weld County Road 49, Weld County Road 55, State Highway 52 and Interstate 76 as main haul routes from the receiving facility to transport pipe to construction sites. The proposed laydown yard for this pipeline construction is located in the town of Hudson's municipal limits. There are no proposed laydown yards for this project located in unincorporated Weld County. All access points off County Roads would be constructed to County standards with respect to visibility, drainage, mud tracking, and safe egress without stopping on County Roads to unlock any gates. The haul routes selected will be documented on maps that would 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 i rastructure. 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. The Pre -Application Meeting notes indicate the following items are to be described. Public Health Waste Handling Plan: Construction materials not utilized would be returned to the receiving facility or inventoried at Bennett Station. Hydrotest water would be discharged in accordance with all regulations. Wrappers and bottles generated from field crews would be taken away with the crew. Fuel Storage: There would be no fuel storage associated with this application. Potable water and sanitary sewage disposal: Bottled water would be provided for field and construction crews. Port -a -lets would be provided along the construction route. Planning Proposed signage, lighting and parking: There would be no permanent signage, lighting or parking associated with the proposed Pipeline application. If needed, portable lights would be used that are directed to the work area. Parking for crews would be minimal along the route in areas designated and approved by the property owners. 12 The following permits are required by additional jurisdictions for the construction of the proposed Pipeline. • State of Colorado Stormwater Pollution Prevention Plan • State of Colorado Spill Prevention Countermeasure Control Plan • US Department of Transportation (DOT) Pre -Construction Notification • DOT Operations and Maintenance Manual • DOT Damage Prevention Program • DOT Integrity Management Plan • DOT Drug and Alcohol Plan • DOT Emergency Response Plan • DOT Operator Qualification Program • DOT Public Awareness Program • OSHA Safety Programs • Environmental Protection Agency (EPA) Protected Species and Cultural Resource Permits and Surveys • Colorado Department of Transportation (CDOT) Road Crossing Permits • US Army Corps of Engineers (USACE) Pre -Construction Notification • Railroad Crossings • Irrigation DitchCrossings • Applicable UtilityCrossings 13
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