Overland Pass Pipeline Company 

Piceance Basin Lateral Project 

Environmental Compliance Monitoring Plan 

Prepared by 

 

October 2008
i 

Overland Pass Pipeline Company Piceance Basin Lateral 

Environmental Compliance Monitoring Plan 

TABLE OF CONTENTS 

1.0 INTRODUCTION ............................................................................................................... 1

2.0 PROGRAM OBJECTIVES ................................................................................................ 1

3.0 ENVIRONMENTAL COMPLIANCE MONITORING AND MANAGEMENT ..................... 2

3.1 Construction Plan .................................................................................................. 2

3.2 Compliance Monitoring and Management ............................................................. 2

3.2.1 Corporate Sponsor .................................................................................... 2

3.2.2 Compliance Manager................................................................................. 3

3.2.3 Assistant Compliance Manager ................................................................. 5

3.2.4 Compliance Monitors ................................................................................. 5

4.0 REPORTING AND DOCUMENTATION ........................................................................... 7

4.1 Daily Reports ......................................................................................................... 7

4.2 Biweekly Summary Reports ................................................................................ 11

4.3 Non-public Project Website ................................................................................. 11

5.0 VARIANCES ................................................................................................................... 11

5.1 Level 1 Variances (Field Decisions) .................................................................... 12

5.2 Level 2 Variances ................................................................................................ 12

5.3 Level 3 Variances ................................................................................................ 14

6.0 STOP WORK AUTHORITY ............................................................................................ 15

7.0 TRAINING AND PRECONSTRUCTION MEETING ....................................................... 15

8.0 EQUIPMENT ................................................................................................................... 15

FIGURES

 Figure 1 Organizational Chart .......................................................................................... 4 

 Figure 2 Electronic Web-Based Reporting System ........................................................ 10 

APPENDICES 

Appendix A – Sample Reports and Forms 
1 

ENVIRONMENTAL COMPLIANCE MONITORING PLAN 

FOR THE OVERLAND PASS PIPELINE COMPANY 

PICEANCE BASIN LATERAL PROJECT 

1.0 INTRODUCTION 

Overland Pass Pipeline Company LLC (OPPC) will employ Environmental Inspectors 

(EIs) to ensure compliance with the mitigation measures contained in the Overland Pass 

Pipeline Company Piceance Basin Lateral Project (Project) documents during construction of 

the Project. In addition, OPPC has committed to provide funding to implement a third-party 

environmental compliance monitoring program during construction of the Project. This program 

will be implemented by Natural Resource Group, LLC (NRG) working as a third-party contractor 

under the direction of the Bureau of Land Management (BLM). 

This document presents the objectives of the environmental compliance monitoring 

program, describes the responsibilities of NRG, outlines the level of effort anticipated, defines 

the decision-making authority of NRG, and describes participation by NRG in the Project 

training program. In addition, this document discusses the reporting and documentation 

requirements, stop work authority, and the variance process. 

2.0 PROGRAM OBJECTIVES 

The overall objective of the environmental compliance monitoring program is to monitor 

and document OPPC’s compliance and/or noncompliance with the Project’s environmental 

requirements during construction of the Project. NRG will provide a Compliance Manager and 

three full-time Compliance Monitors to meet this objective. The Project environmental 

requirements include: 

• the environmental mitigation measures that were proposed by OPPC throughout 

the permitting phase of the Project; 

• stipulations of the BLM’s Record of Decision, Right-of-Way Grant, and Notice to 

Proceed documents; 

• construction procedures and mitigation measures included in the Plan of 

Development (POD); and 

• additional stipulations included in permits from other authorizing federal, state, 

and local agencies, including those of the Colorado Division of Wildlife and the 

Wyoming Game and Fish Commission. 

During construction, the Compliance Monitors will conduct inspections of construction 

activities and required mitigation measures, and provide regular feedback on compliance issues 

to the BLM, OPPC, and OPPC’s environmental inspection team. NRG will involve other 

agencies in the environmental compliance monitoring program (e.g., the U.S. Army Corps of 

Engineers, the U.S. Fish and Wildlife Service, the Colorado Division of Wildlife, and the 

Wyoming Game and Fish Commission) to the extent requested by those agencies and 

authorized by the BLM. Construction progress and environmental compliance will be tracked 

and documented by the preparation and submittal of daily and biweekly reports (see section 
2 

4.0). The Compliance Monitors will report directly to the Compliance Manager. The 

Compliance Manager will report directly to the BLM Project Manager and Compliance Contacts. 

Other objectives of the environmental compliance monitoring program are to: 

• facilitate the timely resolution of compliance-related issues in the field; 

• provide continuous information to the BLM and other agencies as authorized, 

regarding noncompliance issues and their resolution; 

• review, process, and track construction-related variance requests; and 

• develop and implement a system for storing the information collected during the 

environmental compliance monitoring program in a format that will allow easy 

retrieval and search functions. 

NRG will assist with implementation of the variance process in accordance with a 

predetermined level of decision-making authority granted by the BLM (see section 5.0). 

3.0 ENVIRONMENTAL COMPLIANCE MONITORING AND MANAGEMENT 

3.1 Construction Plan 

Based on the information currently available, OPPC will be constructing the Project in 

three spreads. One spread will be between the Willow Creek Gas Plant and the crossing of 

Moffat County Road 57 in Colorado. The second spread will be constructed from Spread 1 

north to the Little Snake River. The third and final spread will be from the Little Snake River 

north to Echo Spring, Wyoming. The Project is anticipated to be constructed in two phases. 

The first phase will be from approximately October 23 through November 31, 2008, with an 

approximate 5-month-long shutdown over the winter. The second phase will be from 

approximately May 1 through July 31, 2009 with an in-service date before the end of July 2009. 

There will potentially be some additional final cleanup/restoration work after the pipeline is in 

service. 

3.2 Compliance Monitoring and Management 

NRG has assigned an experienced Compliance Manager to supervise and support a 

field team of skilled Compliance Monitors. NRG’s Compliance Manager is very experienced at 

managing compliance during major pipeline construction projects and providing expeditious 

review of variance requests. The field team consists of individuals experienced with pipeline 

construction, including projects in the western United States. The NRG Compliance 

Management and Monitoring Team is presented on the organizational chart on Figure 1 and 

described below. The organizational chart identifies positions and reporting relationships. 

3.2.1 Corporate Sponsor 

NRG has assigned Amy Davis as the Corporate Sponsor to provide full corporate and 

management support for the Project. 
3 

3.2.2 Compliance Manager 

NRG has assigned Dave Hagen to be the Compliance Manager for the Project. The 

Compliance Manager will oversee management of the program, prepare Project materials, 

participate in the BLM’s preconstruction meeting; participate in OPPC’s environmental training 

program; supervise the monitoring activities, materials, and schedules; supervise the 

Compliance Monitors; provide guidance on and review of compliance issues; review and 

process variance requests; and review and distribute daily and biweekly reports. More 

specifically, the Compliance Manager will: 

• report directly to the BLM Project Manager and Compliance Contacts; 

• participate in the BLM’s preconstruction meeting; 

• participate in OPPC’s environmental training program/kick-off; 

• verify OPPC’s compliance with the Project environmental requirements; 

• supervise the monitoring activities, materials, and schedules; 

• supervise the Compliance Monitors; 

• ensure that all reported noncompliances are tracked for resolution by OPPC; 

• review, approve, and distribute monitoring reports, correspondence, and scope of 

work and schedule changes; 

• review work progress, schedules, and budgets related to compliance monitoring 

activities; 

• confer with the BLM Project Manager and Compliance Contacts on a regular 

basis;

• serve as the contact between the BLM and OPPC for compliance issues; 

• serve as the BLM’s representative to permitting agencies, private landowners, 

and special interest groups regarding the environmental mitigation efforts on the 

Project; and 

• coordinate with the BLM and other agencies as determined necessary, on 

reviewing and approving variance requests. 
OVERLAND PASS PIPELINE COMPANY

PICEANCE BASIN LATERAL PROJECT

ENVIRONMENTAL COMPLIANCE MONITORING PROGRAM

ORGANIZATIONAL CHART

FIGURE 1

Lead Regulatory Agency

BUREAU OF LAND MANAGEMENT

Mark Mackiewicz, National Project Manager

C li M t d M it i T

Management Staff

Compliance Management and Monitoring Team

Dave Hagen

Compliance Manager

Amy Davis

Corporate Sponsor

Field Staff

Darren Kennedy

Assistant Compliance Manager

Spread (TBD)

TBD

Spread (TBD)

Mike McGinty

Spread (TBD)

Jeff Smith
5 

 The Compliance Manager will manage the compliance monitoring efforts from NRG’s 

Denver office with bimonthly visits to the field. There are several purposes for the Compliance 

Manager’s field visits. One purpose is to ensure consistency in the level of reporting and 

compliance determinations between the Compliance Monitors. In addition, the Compliance 

Manager will assess the overall condition of the right-of-way, construction progress, the level of 

compliance by the contractors, and the level of interaction between the Compliance Monitors 

and the environmental inspection staff. The Compliance Manager will accompany the 

Compliance Monitors individually during their daily inspection routines and may meet with them 

collectively to discuss any compliance, scheduling, or other issues that may arise. During these 

inspections, the Compliance Manager will review upcoming areas that may be subject to 

upcoming variance requests to become familiar with the site constraints in order to more 

expeditiously process the variance requests when submitted. These inspections generally 

include brief onsite meetings with the Lead EIs and EIs. During these visits, the Compliance 

Manager will also meet with other OPPC construction management staff if requested to discuss 

any issues or concerns they may have. The Compliance Manager will coordinate visits to the 

field with the BLM Project Manager and Compliance Contacts. 

3.2.3 Assistant Compliance Manager 

NRG has assigned Darren Kennedy to be the Assistant Compliance Manager for the 

Project. The Assistant Compliance Manager, also based in NRG’s Denver office, will provide 

back-up and regular support as needed to the Compliance Manager. This support will primarily 

consist of assistance in the preparation and review of daily and biweekly reports and review and 

processing of variance requests. 

3.2.4 Compliance Monitors 

Based on discussions with the BLM National Project Manager, NRG will provide three 

full-time Compliance Monitors, one for each spread. As discussed in section 3.1, the Project will 

be constructed in two phases with an approximate 5-month-long shutdown over the winter 

months. NRG will attempt to keep the same Compliance Monitors for both phases; however, it 

may be necessary to use different Compliance Monitors on some of the spreads for the second 

phase. 

During construction, many factors can affect the specific deployment of the Compliance 

Monitors. These include the activity occurring at specific times of inspection, any 

noncompliance or problem areas documented during previous inspections by the Compliance 

Monitors, landowner complaints received, site-specific conditions at the time of construction, 

skill levels and attitudes of the contractor crews and foremen, and the number and qualifications 

of the staff on OPPC’s inspection team. 

The Compliance Monitors are expected to work 60 hours per week during both phases 

of construction. This should provide sufficient coverage to adequately monitor construction, 

including the preparation of necessary reports and documentation. 

NRG’s planned monitoring coverage assumes that OPPC’s construction contractors will 

demonstrate a high level of environmental compliance, and OPPC’s environmental inspection 

team will be qualified and experienced. 

The Compliance Manager will regularly evaluate the effectiveness of the environmental 

compliance monitoring in consultation with the BLM Project Manager and Compliance Contacts 
6 

to ensure adequate staffing. If determined necessary, NRG will provide additional, adequately 

trained support staff to act as Compliance Monitors on an as-needed basis. It is expected that 

the Compliance Monitors will obtain housing near the construction spreads. Each Compliance 

Monitor will be provided with a vehicle and other equipment necessary to properly fulfill their 

duties (see section 8.0). 

The primary responsibility of the Compliance Monitors will be to monitor and document 

OPPC’s compliance and/or noncompliance with the Project environmental requirements. Some 

examples of measures to be monitored include: contractor compliance pertaining to the use of 

only the approved contractor yards, construction right-of-way, and extra workspaces; methods 

and locations of topsoil segregation; specific waterbody crossing procedures; dewatering 

activities; treatment of spills; construction of aboveground facilities; observance of time windows 

for wildlife and sensitive species; observance of exclusion areas for cultural resources and 

sensitive species; and restoration requirements. 

The Compliance Monitors will provide interpretation and clarification to the OPPC 

environmental inspection team in the field regarding the Project environmental requirements. 

The Compliance Monitors will also review and approve variance requests, as appropriate to 

their authority level, for implementation of limited variations from mitigation measures previously 

agreed to by OPPC or stipulated by other agencies (see section 5.0). 

Before the start of construction, the Compliance Monitors will become familiar with 

OPPC’s environmental compliance management program, participate in the BLM’s 

preconstruction meeting, participate in OPPC’s environmental training program, and receive 

additional training from NRG. The Compliance Monitors will become familiar with the roles and 

responsibilities of OPPC’s field team, the organizational structure of the construction spreads, 

environmental reporting responsibilities, and the chain of communication on the spreads. It is 

assumed that OPPC will provide the Compliance Monitors and the Compliance Manager with all 

permit requirements for the Project prior to initiation of construction. 

NRG plans to mobilize the Compliance Monitors to the Project area 1 week ahead of the 

start of construction activities to allow them time to review the documentation necessary to 

understand and monitor the Project environmental requirements. In addition, mobilization 

before construction activities begin will allow the Compliance Monitors to become familiar with 

the pipeline route and specific resources crossed; verify that the construction right-of-way, 

staging areas, and other extra work areas are correctly delineated in the field; verify that the 

correct signage is installed; and confirm that the appropriate buffer zones, exclusion areas, and 

fencing are in place. 

During construction, a critical component of a successful compliance monitoring program 

is timely, open, and regular communication between all parties. Communication protocols for 

the Project will be developed in consultation with OPPC and the applicable agency 

representatives during the BLM preconstruction meeting and the environmental training 

program. 

At a minimum, the Compliance Monitors will maintain daily contact with OPPC’s 

environmental inspection team. Construction activities will be inspected on a daily basis by the 

Compliance Monitors, and environmentally sensitive areas will be regularly inspected to ensure 

protection of the resource. As discussed above, the level of monitoring coverage of specific 

portions of each construction spread will be determined based on several factors, including the 

construction activity occurring at the time of the inspection, any noncompliance or problem 
7 

areas documented during previous inspections by the Compliance Monitors or the EIs, and 

landowner complaints received. 

The Compliance Monitors will communicate with OPPC’s Lead EI on each spread on a 

regular basis. This approach will allow the Lead EI and the Compliance Monitors to exchange 

information on the status of construction and to discuss any significant construction events 

scheduled over the next 2 or 3 days. The Compliance Monitors may inspect the spread with the 

Lead EI, other EIs, or independently. The Compliance Monitors will not communicate directly 

with the construction contractor personnel for the purposes of directing construction activities or 

to ensure compliance. However, the Compliance Monitors will have the authority to order the 

halt of a specific noncompliance activity that is damaging or has the potential to damage a 

sensitive environmental resource. 

The Compliance Monitors will record daily observations including digital photo 

documentation at each location visited. This process will ensure consistent and accurate 

reporting of site conditions at the time of inspection. Each activity monitored will be assigned a 

compliance level and documented in a daily report (see section 4.1). 

4.0 REPORTING AND DOCUMENTATION 

The compliance management and monitoring staff will utilize a comprehensive daily and 

biweekly summary database reporting system that is posted on the Project website and 

available to other jurisdictional agencies and authorized representatives of OPPC. Under this 

program, the entire daily report, consisting of all compliance levels and photographic 

documentation, is available each day and will provide OPPC and the applicable agencies with a 

record of construction progress, photographic documentation, and documentation of compliance 

with the Project environmental requirements. Specifics of the reporting and documentation to 

be used for the Project are described below. 

4.1 Daily Reports 

Each Compliance Monitor will complete one or more daily report(s) documenting the 

Project-related activities he/she inspected. The Compliance Monitor will document the milepost 

and station number; the presence of threatened or endangered species habitat, waterbodies, 

wetlands, and culturally sensitive sites; and provide a brief description of the activities observed. 

When appropriate, relevant digital photographs will be taken and included in the report. A 

sample of the Daily Monitoring Report form is included in Appendix A. 

Each separate activity monitored and documented in a daily report will be assigned a 

compliance level. The compliance levels that will be used for the Project are: 

• Communication; 

• Acceptable; 

• Problem Area; 

• Noncompliance; and 

• Serious Violation. 

Communication – A communication report will be prepared when necessary to document 

and track relevant meetings or discussions between the Compliance Monitor and agencies, 

landowners, company representatives, EIs, or contractor personnel. 
8 

Acceptable – An acceptable report will be prepared when a Compliance Monitor 

determines that an inspected area or activity is in compliance with the Project specifications and 

all mitigation measures have been adequately implemented. 

Problem Area – The Compliance Monitor will prepare a problem area report to record an 

observation that a location or activity does not meet the definition of acceptable but is not 

considered a noncompliance. The problem area category will be used to report on a range of 

events and observations including: 

• an incident that is accidental or unforeseeable but is not out of compliance with 

the Project specifications, and OPPC’s response is appropriate and timely. An 

example would be a fuel leak where Project personnel respond properly by 

stopping, containing, and cleaning up the spill in accordance with the Project 

specifications;

• a location where the Project is not out of compliance with the specifications but, 

in the judgment of the Compliance Monitor, damage to resources could occur if 

corrective actions are not taken. Some examples include: 

o a silt fence with substantial build-up of soil; 

o a slope with insufficient waterbars; 

o a subsoil pile on the verge of covering a topsoil pile; and 

o an improperly constructed/located dewatering structure; and 

• an activity that the Compliance Monitor determines is an unintentional, isolated, 

departure from the Project specifications, with no damage to resources. An 

example would be a small amount of soil or slash off the right-of-way that has no 

effect on sensitive resources such as designated wildlife habitat, wetlands, or 

waterbodies.

If a problem area is resolved in a timely manner it will not be considered a 

noncompliance. If a problem area is found to be a repeat situation or multiple instances of a 

similar nature occur, is not corrected within the established timeframe, or results in resource 

damage because timely corrective action failed to occur, the Compliance Monitor may 

document the problem area as a noncompliance. The Compliance Monitor will inform the EI 

about the problem before issuing the problem area report. The Compliance Monitor and the EI 

will discuss and agree upon a reasonable timeframe for resolution. The Compliance Monitor will 

note in the daily report the name of the EI that was notified about the problem area and the 

agreed upon time for resolution. The EI will maintain a list of problem areas identified and the 

corrective actions taken.

Noncompliance – A noncompliance report will be issued when a Compliance Monitor 

observes an activity that violates (is not in compliance with) the Project specifications, results in 

damage to resources, or places sensitive resources at unnecessary risk. Some examples of a 

noncompliance activity include: 

• failure to install or maintain required erosion control devices; 

• ground-disturbing activities conducted outside the approved right-of-way limits; or 

• use of unapproved access roads. 
9 

The Compliance Monitor will notify an EI about a noncompliance before issuing a 

noncompliance report. The noncompliance report will include the name of the EI and the time of 

notification. The EI will take immediate action to inform the appropriate contractor personnel, 

and to identify the required corrective action and appropriate priority and timeframe for 

completing the corrective action. Where practicable and where the nature of the noncompliance 

activity warrants, the EI will work closely and collaboratively with the Compliance Monitor and 

other resource monitors to determine the appropriate corrective action. 

Resolution of noncompliance activities will involve close coordination between the EIs, 

the Lead EI, the Chief Inspector, and contractor construction supervisory personnel to ensure 

that the corrective measures are properly understood and implemented. The EI will follow up to 

confirm that corrective actions have been completed. It will be the responsibility of OPPC’s 

environmental inspection team to provide follow-up documentation to the BLM and other 

agencies with appropriate jurisdiction over the issue as well as to the Compliance Manager. 

Once OPPC documents the resolution of a noncompliance, the applicable Compliance Monitor 

will inspect the area and verify and document that the noncompliance has been adequately 

resolved. 

Serious Violation – A serious violation report will be issued by a Compliance Monitor 

immediately upon observing an activity that is not in compliance with the Project specifications 

and causes substantial harm to resources or poses a serious threat to sensitive resources. 

Some examples of serious violations include deliberately conducting an activity that results in 

disturbance within an exclusion zone for a sensitive resource, repeated or cumulative 

noncompliance activities that could lead to a substantial impact on resources, and failure to 

correct previously identified noncompliance activities in an established timeframe. 

A serious violation report requires that the Compliance Manager and the BLM Project 

Manager participate in a conference call with OPPC’s Environmental Lead for the Project and 

Environmental Field Manager to discuss the violation, the proper corrective actions, and 

possible follow-up enforcement actions that could be imposed. It will be the responsibility of 

OPPC’s environmental inspection team to provide follow-up documentation to the BLM and 

other agencies with appropriate jurisdiction over the issue as well as to the Compliance 

Manager. Once OPPC documents the resolution of a serious violation, the applicable 

Compliance Monitor will inspect the area and verify that the issue has been adequately 

resolved. 

Daily reports and relevant photo documentation completed by each Compliance Monitor 

will be sent electronically to NRG’s database server at the end of each work day. The following 

morning, the separate reports will be compiled into one Daily Monitoring Report, reviewed by 

the Compliance Manager, and posted on the non-public password-protected Project website 

(see section 4.3). A flow diagram of the electronic web-based reporting system is depicted on 

Figure 2. When the reports are posted, the Compliance Manager will send an e-mail to the 

authorized distribution that they are available. The e-mail will summarize the compliance levels 

for the reports issued each day and include the link to the website. Agency, NRG, and 

authorized OPPC representatives will be included in the distribution for all reports. 
ELECTRONIC WEB-BASED REPORTING SYSTEM

FIGURE 2

Each Compliance Monitor completes one or 

more Daily Monitoring Reports (with photos) 

using NRG using NRG s’ electronic reporting form electronic reporting form.

Reports are sent via the Internet 

to NRG’s reporting database.

R t t ti ll l d d t NRG' Reports are automatically uploaded to NRG's 

Overland Pass Pipeline Company Piceance 

Basin Lateral website for internal quality 

assurance/quality control (QA/QC) review.

Following internal QA/QC review, the reports are 

comp g yp iled into a single, coordinated Daily Report and 

released on the Project website for review by 

authorized personnel.
11 

4.2 Biweekly Summary Reports 

Biweekly summary reports will be issued that briefly describe construction activities 

during the reporting period and summarize by compliance level the number of reports 

completed by the Compliance Monitors during the reporting period and cumulatively. The 

biweekly summary report will also summarize in a tabular format the problem area and 

noncompliance reports issued by the Compliance Monitors during the reporting period and the 

Level 1, 2, and 3 variance requests approved by the Compliance Monitors and the Compliance 

Manager during the reporting period. The biweekly summary report will also summarize in a 

tabular format the net acreage of land affected by approved variances on federal land and nonfederal land with some federal jurisdiction (see section 5.2) for the reporting period and 

cumulatively. NRG’s baseline electronic database reporting system has been designed to 

generate all of the information in the biweekly summary report that is presented in a tabular 

format. 

The biweekly summary report will be posted on the non-public Project website (see 

section 4.3). When the biweekly summary report is posted, the Compliance Manager will send 

an e-mail to the authorized distribution that it is available. The e-mail will include the link to the 

website. Agency, NRG, and authorized OPPC representatives will be included in the 

distribution for the biweekly summary report. A sample biweekly summary report is included in 

Appendix A. 

4.3 Non-public Project Website 

NRG will establish and maintain a non-public, password-protected Project website to 

display the daily and biweekly monitoring reports and the approved Level 1, 2, and 3 variances 

(see section 5.0). The Project website may also be used to post meeting minutes, notes from 

conference calls, and guidance from agencies regarding interpretation of environmental 

requirements. Agency and NRG representatives will have access to the entire website; OPPC 

representatives will have access to the portions of the website as authorized by the BLM Project 

Manager and Compliance Contacts. A sample Project webpage is included in Appendix A. 

5.0 VARIANCES 

During construction, unforeseen or unavoidable site conditions can result in the need for 

changes from approved mitigation measures and construction procedures. Additionally, the 

need for route realignments, extra workspaces, or access roads outside of the previously 

approved construction work area may arise. Changes to previously approved mitigation 

measures, construction procedures, and construction work areas will be handled in the form of 

variance requests to be submitted by OPPC and reviewed and approved or denied by the BLM 

with the delegation of some authority to NRG. The variance process can also be a good 

mechanism to clarify discrepancies discovered in Project materials and/or to distribute 

information to the entire Project team. A system of three variance levels (Levels 1, 2, and 3) will 

be used to categorize and process variance requests. 

The three variance levels, review and distribution process, and decision-making 

authority proposed for use for the Project are discussed below. A sample variance request form 

is included in Appendix A. 
12 

5.1 Level 1 Variances (Field Decisions) 

Level 1 variances are site-specific, minor, performance-based changes to Project 

specifications or mitigation measures that provide equal or better protection to environmental 

resources. These minor variance requests can be reviewed and either approved or denied by 

the Compliance Monitors in the field during normal construction operations. Examples of Level 

1 variance requests include: 

• allowing rubber-tired vehicles to use additional access roads that would not 

require any improvement to the road or repairs after construction (“like use”); 

• minor variations in site-specific stream crossing plans that reflect differences in 

site conditions from those that were expected when the plan was developed 

(e.g., relocation of a spoil storage area within previously approved work areas); 

and 

• shifting extra workspace along the right-of-way a short distance or to the opposite 

side of the right-of-way when the overall acreage and configuration of 

disturbance remain the same, and completed surveys indicate that no sensitive 

resources would be affected and landowner approval is granted. 

Level 1 variances may also be used to document and disseminate agency-directed 

changes to mitigation measures. 

To initiate a Level 1 variance request, the Lead EI or other designated OPPC 

representative will fill out a variance request form and obtain the appropriate signatures. The 

Lead EI will then contact a Compliance Monitor to review the proposed change. The Lead EI 

and the Compliance Monitor will work together to evaluate the site-specific situation and 

determine if the request is appropriate. 

The Compliance Monitor may approve a Level 1 variance request if the results of 

implementing the change will provide equal or better protection for the resource than the original 

mitigation measure or if the original mitigation measure is not applicable to that specific site. If a 

Level 1 variance request is approved in the field, the Compliance Monitor will sign the variance 

request form. A Level 1 variance request can be implemented in the field as soon as it is 

approved by the Compliance Monitor. In some cases, the Compliance Monitor may grant verbal 

approval and then complete the paperwork. 

The Compliance Monitor will document the variance approval in the daily monitoring 

report (see section 4.1) and transmit the approved form to the Compliance Manager for posting 

on the Project website (see section 4.3). If the variance exceeds the Compliance Monitor’s 

authority level, the Compliance Monitor will inform the Lead EI that a Level 2 or Level 3 variance 

request is required. 

5.2 Level 2 Variances 

A Level 2 variance request exceeds the field decision authority of the Compliance 

Monitor and requires processing by the Compliance Manager. Before the Compliance Manager 

can issue approval of a Level 2 variance request on federal land, the BLM Project Manager 

must approve the request. Level 2 variance requests generally involve Project changes that 

would affect an area outside of the previously approved work area, but within the corridor 
13 

previously surveyed for cultural resources and sensitive species. Level 2 variance requests 

typically require the review of supplemental documents, correspondence, and records. 

Examples of Level 2 variance requests include: 

• the use of extra workspace outside of the previously approved work area but 

within the previously surveyed corridor; 

• the use of existing access roads that have not been previously approved if the 

use would not be considered “like-use” that could be approved as a Level 1 

variance (see section 5.1); 

• modifying a previously approved access road in ways not previously identified; 

and 

• increasing the width of the construction right-of-way. 

To initiate a Level 2 variance request, the Lead EI or other designated OPPC 

representative will fill out a variance request form, prepare the appropriate supporting 

documentation, and obtain the required signatures. 

If the Level 2 variance request is on federal land, the designated OPPC representative 

will complete and submit the variance request form and supporting documentation by e-mail 

(scanned copy) or fax to the applicable BLM Project Manager with a copy to the Compliance 

Manager. Once the approval of the BLM Project Manager is obtained, the Compliance Manager 

will process the request. 

If the Level 2 variance request is not located on federal land but is located within 300 

feet of previously identified cultural resources or listed species or their habitat, the designated 

OPPC representative will complete and submit the variance request form and supporting 

documentation by e-mail (scanned copy) or fax to the Compliance Manager. The Compliance 

Manager will review the request and supporting documentation and consult with other agencies 

and BLM field offices as necessary. The Compliance Manager may also discuss the request 

with the appropriate Compliance Monitor. 

If the Level 2 variance request is approved, the Compliance Manager will sign the 

variance request and e-mail the approved form (scanned copy) to the designated OPPC 

representatives, the Compliance Monitors, and the BLM Project Manager and Compliance 

Contacts. The variance may be implemented in the field as soon as the approved variance is 

received. Verbal approval for Level 2 variance requests will not be granted. The Compliance 

Manager will document the variance approval in the daily monitoring report (see section 4.1) 

and post the approved variance request form on the Project website (see section 4.3). 

If a Level 2 variance request is not located on federal land or within 300 feet of 

previously identified cultural resources or listed species or their habitat, Compliance Manager 

approval is not required. However, the designated OPPC representative will complete and 

submit the reviewed and approved variance request form and supporting documentation by email (scanned copy) or fax to the Compliance Manager for the Project files. OPPC will be 

responsible for tracking these Level 2 variance requests, including acreage affected, and will 

provide this information to the BLM and the Compliance Manager upon request. 
14 

5.3 Level 3 Variances 

Level 3 variance requests generally involve Project changes that would affect an area 

outside of the previously approved work area that are outside the corridor previously surveyed 

for cultural resources and sensitive species. 

To initiate a Level 3 variance request, the Lead EI or other designated OPPC 

representative will fill out a variance request form, prepare the appropriate supporting 

documentation, and obtain the required signatures. 

If the Level 3 variance request is on federal land, the designated OPPC representative 

will complete and submit the variance request form and supporting documentation by e-mail 

(scanned copy) or fax to the applicable BLM Project Manager with a copy to the Compliance 

Manager. Once the approval of the BLM Project Manager is obtained, the Compliance Manager 

will process the request. 

If the Level 3 variance request is not located on federal land but is located within 300 

feet of previously identified cultural resources or listed species or their habitat, the designated 

OPPC representative will complete and submit the variance request form and supporting 

documentation by e-mail (scanned copy) or fax to the Compliance Manager. The Compliance 

Manager will review the request and supporting documentation and consult with other agencies 

and BLM field offices as necessary. The Compliance Manager may also discuss the request 

with the appropriate Compliance Monitor. Regarding cultural resources, clearance from the 

applicable State Historic Preservation Office (SHPO) must be obtained before the Compliance 

Manager can approve the variance. If sensitive biological species and/or habitat are 

encountered during the additional surveys, documentation of consultation with applicable 

agencies must be provided with the variance request. The Compliance Manager must consult 

with the BLM Project Manager and receive appropriate agency approvals before authorizing the 

variance. All agency-approved mitigation measures must be adhered to if the variance is 

approved by the Compliance Manager. 

If the Level 3 variance request is approved, the Compliance Manager will sign the 

variance request and e-mail the approved form (scanned copy) to the designated OPPC 

representatives, the Compliance Monitors, and the BLM Project Manager and Compliance 

Contacts. The variance may be implemented in the field as soon as the approved variance is 

received. Verbal approval for Level 3 variance requests will not be granted. The Compliance 

Manager will document the variance approval in the daily monitoring report (see section 4.1) 

and post the approved variance request form on the Project website (see section 4.3). 

If the Level 3 variance request is not located on federal land or within 300 feet of 

previously identified cultural resources or listed species or their habitat, Compliance Manager 

approval is not required. However, the designated OPPC representative will complete and 

submit the reviewed and approved variance request form and supporting documentation by email (scanned copy) or fax to the Compliance Manager for the Project files. OPPC will be 

responsible for tracking these Level 3 variance requests, including acreage affected, and will 

provide this information to the BLM and the Compliance Manager upon request. 
15 

6.0 STOP WORK AUTHORITY 

The BLM has the authority to stop construction if an activity is determined to be a 

deviation from the Project environmental requirements. This authority may be delegated to the 

Compliance Manager and the Compliance Monitors. 

7.0 TRAINING AND PRECONSTRUCTION MEETING 

NRG anticipates that OPPC will prepare and conduct an environmental training program 

for the environmental inspection team and contractor personnel prior to the start of construction. 

The BLM Project Manager and Compliance Contacts, the Compliance Manager, the Assistant 

Compliance Manager, and the Compliance Monitors will participate in OPPC’s environmental 

training program to present an overview of the environmental compliance monitoring program 

and to become familiar with OPPC’s environmental inspection program and personnel. It is 

anticipated that personnel from other agencies (e.g., the Colorado Division of Wildlife) may 

attend as well. The Compliance Manager or BLM Project Manager will explain the various 

components of the program, emphasizing the objectives of the compliance monitoring program. 

The discussion will focus on the daily activities of the Compliance Monitors and their interactions 

with OPPC’s inspection and construction personnel. 

Documentation of compliance issues and construction progress will be described. A 

clear and concise explanation will be presented with respect to the variance request decision 

authority that the Compliance Monitors will have in the field. Procedures that may be required 

to address variance requests will also be presented, as well as the timeframe required for 

decisions to be made prior to implementation. 

Before OPPC’s training, NRG anticipates that the BLM will hold a preconstruction 

meeting, which is required prior to issuance of the Notice to Proceed. At this meeting, the BLM 

Project Manager will discuss the requirements of the Record of Decision and Right-of-Way 

Grant as well as those of the POD. The Compliance Manager and one of the Compliance 

Monitors will participate in the BLM’s preconstruction meeting. 

In addition to participation in OPPC’s training and the BLM’s preconstruction meeting, 

NRG will train the Compliance Monitors in all procedures, duties, responsibilities, reporting 

requirements, and authorities, including the authority to grant variances, to complete their 

assigned tasks. 

8.0 EQUIPMENT 

The environmental compliance monitoring program will require field support equipment 

such as notebook computers and associated software, digital cameras, cellular phones, and 

vehicles for field personnel as described below. All equipment will be leased to OPPC by NRG 

and will remain the property of NRG after completion of the Project. 

Each Compliance Monitor will be equipped with a notebook computer and appropriate 

software to facilitate the compilation, transfer, and storage of data. Each Compliance Monitor 

will also be equipped with a digital camera, cellular phone, and vehicle adapter. A 4-wheel drive 

vehicle will be provided to each full-time Compliance Monitor throughout construction to 

maintain access to all areas of the right-of-way. 
APPENDIX A 

Sample Reports and Forms 
OVERLAND PASS PIPELINE COMPANY 

PICEANCE BASIN LATERAL PROJECT

ENVIRONMENTAL COMPLIANCE MONITORING PROGRAM

SAMPLE DAILY MONITORING REPORT (COVER PAGE) SAMPLE DAILY MONITORING REPORT (COVER PAGE)

The following report is a compilation of the daily monitoring reports issued by

the Compliance Monitors and/or Compliance Manager for activities conducted

on XXX, XX, 200X. Should you have any questions regarding the information

contained in this report, please contact Dave Hagen at (720) 932-7041 (office)

or (720) 425-6256 (cell phone).

Compliance Level

Communication 2

Acceptable 6

Problem Area 0

Noncompliance 1

Serious Violation 1

Approved Level 1 Variance 0

Approved Level 2 Variance 1

Approved Level 3 Variance 0

Total Reports 11
OVERLAND PASS PIPELINE COMPANY 

PICEANCE BASIN LATERAL PROJECT

ENVIRONMENTAL COMPLIANCE MONITORING PROGRAM

SAMPLE DAILY MONITORING REPORT

Report Number: Date of Report:

Compliance Monitor: Compliance Level:

Construction Method:

Location

Environmental Inspector:

Inspection Notes:

Construction Spread:

Begin Milepost: End Milepost: Begin Station: End Station:

Tract #: Tract #: Tract #:

Photos:

Photo Label Photo Label
Piceance Basin Lateral Project XX-XX, 200X 

Environmental Compliance Monitoring Program Biweekly Summary Report 

 1 of 4 

OVERLAND PASS PIPELINE COMPANY 

PICEANCE BASIN LATERAL PROJECT 

ENVIRONMENTAL COMPLIANCE MONITORING PROGRAM 

BIWEEKLY SUMMARY REPORT 

For the Period: 

XX-XX, 200X 

The following is a summary of the reports issued by the Compliance Monitors and 

Compliance Manager for activities conducted between XX-XX, 200X. This report also 

summarizes Level 1, 2, and 3 variance requests approved during the same period. The 

environmental compliance monitoring program for Overland Pass Pipeline Company’s 

(OPPC) Piceance Basin Lateral Project is being implemented under the direction of the 

Bureau of Land Management (BLM). Copies of the daily monitoring reports and 

approved Level 1, 2, and 3 variance requests are posted and available for review on the 

environmental compliance monitoring program website. 

Should you have any questions regarding the information contained in this report, please 

contact Dave Hagen at (720) 932-7041 (office) or (720) 425-6256 (cell phone). 

 
Piceance Basin Lateral Project XX-XX, 200X 

Environmental Compliance Monitoring Program Biweekly Summary Report 

 2 of 4 

SUMMARY OF ACTIVITIES 

Between XX-XX, 200X, the Compliance Monitors and Compliance Manager issued eight 

daily monitoring reports. A tabular summary of the reports by compliance level is 

presented below. 

PICEANCE BASIN LATERAL PROJECT 

ENVIRONMENTAL COMPLIANCE MONITORING PROGRAM 

Summary of Daily Monitoring Reports For the Period: XX-XX, 200X

Compliance Level 

Compliance Reports 

 for the Period 

Cumulative Compliance 

Reports 

for the Project 

 Communication 2 638 

 Acceptable 3 1,322 

 Problem Area 1 95 

 Noncompliance 0 0 

 Serious Violation 0 0 

 Approved Level 1 Variance 0 56 

 Approved Level 2 Variance 2 66 

 Approved Level 3 Variance 0 1 

Total Reports 8 2,184 

During this period, three full-time Compliance Monitors conducted daily inspections of 

project-related activities and documented OPPC’s compliance with the project documents 

and permits. The Compliance Monitors continued to coordinate with the Lead 

Environmental Inspectors (Lead EIs) and other EIs to inspect and discuss areas of 

concern prior to construction, review areas potentially subject to variance requests, assist 

with resolution of landowner complaints, and clarify interpretations of the project 

requirements. The activities of the three Compliance Monitors were directed by the 

Compliance Manager who continued to coordinate with the BLM as well as with OPPC’s 

field management and support staff. 

A brief summary of the activities conducted during the reporting period is presented 

below. Copies of the detailed daily monitoring reports that were used to prepare this 

summary are posted and available for review on the environmental compliance 

monitoring program website. 

 
Piceance Basin Lateral Project XX-XX, 200X 

Environmental Compliance Monitoring Program Biweekly Summary Report 

 3 of 4 

SUMMARY OF ACTIVITIES

A brief text summary of activities that occurred by spread during the reporting period will be provided 

here. 

PROBLEM AREAS AND NONCOMPLIANCES 

One problem area report and no noncompliance reports were issued by the Compliance 

Monitors between XX-XX, 200X as shown in the table below. The Compliance 

Monitors were notified of one noncompliance report issued by OPPC’s EIs.

SUMMARY OF PROBLEM AREA AND NONCOMPLIANCE REPORTS 

Compliance 

Level/Report 

Number 

Date 

Issued 

Location 

(Spread/ 

Milepost) Description Corrective Action 

Problem Area 

-NoneDaily Monitoring Report 

#XX 

X/X/200X Spread X – 

X.X 

A construction vehicle was parked outside 

of the approved right-of-way. 

The Lead EI was notified 

and contacted the foreman 

to have the vehicle moved 

back onto the approved 

workspace. 

Noncompliance1 

-None1 It was reported to the Compliance Monitors that the OPPC EIs issued one noncompliance report. This noncompliance occurred on Spread X on 

XX, 200X and was issued to the trenching crew for partially burying the windrowed seedbank with trench spoil for approximately 1,000 feet. 
Piceance Basin Lateral Project XX-XX, 200X 

Environmental Compliance Monitoring Program Biweekly Summary Report 

 4 of 4 

VARIANCES 

One Level 1 variance request was approved during the period. No Level 2, and no Level 

3 variance requests were approved between XX-XX, 200X as shown in the table below. 

A summary of the acreage of land affected by the approved variance requests is also 

provided below. 

 

SUMMARY OF APPROVED LEVEL 1, 2, AND 3 VARIANCES

Variance 

Number 

Date 

Issued 

Location 

(Spread/Milepost) Brief Description 

Net Acreage 

Affected 

Federal 

Land 

NonFederal 

Land 

LEVEL 1 

XX-XX001

X/X/200X Spread X - X.X Approved the like-use of an existing gravel road. 

This road is needed to allow travel around and 8-

inch-diameter aboveground waterline that crosses 

the right-of-way. 

X.X X.X 

LEVEL 2 

-NoneLEVEL 3

-NoneSUMMARY OF ACREAGE AFFECTED BY VARIANCES 

Acreage Affected this Reporting 

Period Cumulative Acreage Affected 

Federal Land X.X X.X

Non-Federal Land with some Federal 

Jurisdictiona

X.X X.X

Total X.X X.X

a Includes variances on non-Federal land that are within 300 feet of previously identified cultural resources or listed species or their habitat.
https://projects.nrginc.com/piceancebasin/DesktopDefault.aspx

OVERLAND PASS PIPELINE COMPANY PICEANCE BASIN LATERAL PROJECT [SAMPLE WEBPAGE]

©2006 Natural Resource G

This Portal has been designed for viewing up-to-date information on the project.

Welcome to the Overland Pass Pipeline Company Piceance Basin Latera

g gp p j

D H aveagen C li M djh @ Compliance Manager djhagen@nrg-ll 720 c.com 720-932-7041 720 7041 720-425Darren Kennedy Assistant Compliance Manager dkkennedy@nrg-llc.com 720-932-7047 720-330
Request Prepared by:

Spread/ Location 

(Milepost): Net acreage affected:

Alignment Sheet / Sta. 

No.:

Landowner: In or within 50 feet of a wetland:

Within 50 feet of a waterbody:

Variance Level: 

Variance From: 

Attachments? Photos?

Additional Surveys 

Completed

Conditions

(See Attached)

Variance Approved:

Signature:

Variance Approved:

Signature:

Stipulations:

For BLM Project Manager or Compliance Contact Use Only

Variance Denied: Date:

Detailed Description of Variance:

Contractor Sup't. or Env. Coordinator

OPPC Spread Supervisor

Variance Justification:

Additional Surveys Required

For OPPC Use Only

Variance Request Form

OPPC Variance 

Request No.: 

Date Agency Received:

Tract No.(s):

OPPC Environmental Field Manager

For Compliance Manager and Monitor Use Only

Sign-off (as appropriate) Name (print)

Variance Denied:

ROW Agent

T & E Survey

Lead Environmental Inspector

Approval Signature

Surveyed Corridor Description

Date:

Cultural Survey

Report Documenting Survey:

OPPC Piceance

Basin Lateral 

Project

 (To Be Assigned by Designated OPPC Representative)

Nearby Features (Waterbody, T&E Habitat, Wetland, Noxious Weed 

Area, Residence, Cultural Resource Site (distance), etc.):

Date Approval Needed:

Current Land Use/ Vegetative Cover: 

Agency Approval Reference No.:

Date Submitted:

BIA R d N3003 R td ROW Ed

BIA R d N3003 R td ROW Ed

Plan/Procedure Specification Drawing Mitigation Measure

Yes No

Yes No

Permit

Yes No

Yes No

Yes No

Level 1 Level 2

Yes No

Yes

Yes

No

Yes No No

No

Level 3

Other:

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No

Yes No
Spread:

Name:

Conditions:

Name: 

Conditions:

Name:

Conditions:

OPPC Variance Request No.:

Title: Organization: 

Title: Organization:

Title: Organization:

VARIANCE CONDITIONS

J l 2002

J l 2002