HomeMy WebLinkAbout1.03 Surface owner agreementsRIGHT OF WAY AND EASEMENT STATE OF COLORADO COUNTY OF GARFIELD KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter cumulatively referred to as GRANTOR, for and in consideration
of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION, paid by ETC CANYON PIPELINE, LLC, hereinafter referred to as GRANTEE, the receipt and sufficiency of which is hereby acknowledged,
does hereby grant, bargain, sell, assign, and convey unto said GRANTEE, whose address is 1600 Broadway, Suite 1900, Denver, Colorado 80202, its successors and assigns, a Right of Way
and Easement, hereinafter referred to as ROW, to locate, survey a route, clear, entrench, construct, maintain, operate, and repair and replace as necessary a pipeline with appurtenances
including, but not limited to, above and below ground valves, cathodic protection equipment, and pipeline markers hereinafter sometimes collectively referred to as the facilities, across,
over, under, and through the lands of GRANTOR in the County of Garfield, State of Colorado, to wit: Subdivision WII2 NfEII4 NWI/4SEII4 Section 12 12 Township 7S 7S Range 94W 94W This
ROW shall be twenty (20) feet in width. An additional forty (40) feet of temporary construction ROW shall be necessary and shall expire upon completion of construction. Said ROW located
on the above described lands is generally described on a Preconstruction Pipeline Exhibit, hereinafter referred to as Exhibit "A", which shall be attached hereto and by this reference
made a part hereof. Exhibit "A" is not intended to show the fmal location of the ROW or pipeline as actually constructed. The actual location of the ROW will be detennined based on where
the pipeline is actually laid. As such, Exhibit "A" shall be supplemented with As-Built Pipeline Exhibit after construction is complete. This ROW shall carry with it GRANTEE'S rights
and benefits necessary or convenient for the full enjoyment or use of the rights herein granted, including, but not limited to, right of ingress and egress to and from, and access on
and along said ROW, with the right to use existing roads, for the purpose of locating, surveying, constructing, operating, inspecting, testing, repairing, altering, and maintaining the
facilities and the removal or replacement of same at will, either in whole or in part, and the replacement of said pipeline with either like or different size pipe, and the right to
cut all trees, undergrowth, and other obstructions that, in its judgment, may injure, endanger or interfere with the use of said facilities. This ROW together with all rights herein
granted shall be covenants running with the land and be binding upon GRANTOR, his heirs, executors, administers, personal representatives, legal representatives, successors, and assigns,
and may be assigned by GRANTEE, either in whole or in part, subject to the terms hereunder. GRANTEE may, at any time, and upon permanent abandonment of said ROWand removal of all improvements
constructed thereon, execute and record a reconveyance and release hereof, whereupon this ROWand all rights and privileges herein mutually granted shall be fully cancelled and terminated.
GRANTOR reserves the right to the full use and enjoyment of said property except for the purposes herein granted, but such use shall not hinder, conflict or interfere with GRANTEE'S
surface or subsurface rights hereunder or disturb its facilities and no road crossing unless Grantor builds up surface over the pipeline with an additional 18-inches of gravel and 6-inches
of road base for a minimum of 5-feet above top of pipe, and no reservoir, excavation, obstmction or structure shall be constructed nor be permitted for Youberg, D 5/3/2008
construction, created or maintained on, over, along or within said ROW without prior written consent of GRANTEE. GRANTOR further agrees not to change the grade or otherwise remove dirt
from the surface of said ROW without prior written consent of GRANTEE. GRANTEE hereby covenants and agrees to indemnify and forever hold harmless GRANTOR against each and every claim,
demand or cause of action that may be made or come against him by reason or in any way arising out of any defect, imperfection, operation, maintenance or construction of said facilities.
GRANTOR hereby agrees that consideration received for this ROW fully compensates GRANTOR for all rights herein granted, as well as surface damages resulting from construction of the
facilities. GRANTOR represents and warrants that he is the owner in fee simple of the land herein described, subject only to outstanding mortgages, if any, now of record in said county,
and in the event of default by GRANTOR, GRANTEE shall have the right to discharge or redeem for GRANTOR, in whole or in part, any mortgage, tax or other lien on said land and thereupon
be subrogated to such lien and rights incident thereto. It is hereby understood that the parties securing this grant on behalf of GRANTEE are without authority to make any covenant or
agreement not herein expressed and this ROW, as written, covers all agreements and stipulations, between the said parties, and no representations or statements, oral or written, have
been made modifying, adding to, or changing the terms hereof, with the exception of Exhibit "B", which shall be attached hereto and by this reference made a part hereof. IN;IESTIMONY
WHEREOF, the GRANTOR, herein have executed this conveyance this day of r ' 2008. GRANTOR: By: __ Above name printed:_-L.---cc-;--:-""'-__ _ J) AvM x. Y'f'VY'f]'C-tl1, f,.~h''1r GRANTEE:
Manager of Engineering -Projects y ouberg, 0 5/3/2008
THE STATE OF Iowa ~=-"----COUNTY OF ----S=ac-==-----The foregoing instrument was acknowledged before me thisS th day of May , 2008, before me, a notary public, in and for said county
and state, personally came the above-named David R. Youberg as General Partner Beaver Creek Ranch, L.P., dbaYouberg Beaver Creek Ranch, L.P., who is personally known to me and known
to me to be the identical person whose name is affixed to the above instrument to be his voluntary act and deed. IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary
seal the day and year above written. My Commission Expires: ___2_ -,.::9_-_2,.::0_1,.::0_ _ i ANNETTE WELUNGTON f' l. Commission Number 150283 • • My Commission ~res • ~ruwy9.ro~ THE
STATE OF COLORADO COUNTY OF Go, o,V+Jelo! Notary Public in and for The State of Iow The foregoing instrument was acknowledged before me this J S-day of fY/Vi. V , 2008, before me, a
notary public, in and for said county and state, personally came the above-named Arthur Smith as Manager of Engineering -Projects for ETC Canyon Pipeline, LLC who is personally known
to me and known to me to be the identical person whose name is affixed to the above instrument to be his volnntary act and deed. IN WITNESS WHEREOF I have hereunto set my hand and affixed
my notary seal the day and year above written. :> _ 2'" _ 2''"'10 .1 ~ Ii . My Commission Expires::2 ;:;> v .J('--'-/J11;".!{'!:~~'attW~~~-L~--"'6-=::1&0.:.~'l//Notary Public in and
for The State of Colorado Youberg. D 5/3/2008
EXlllBIT "B" -LANDOWNER SPECIFIC STIPULA nONS GRANTEE agrees to the following stipulations: 1. Bury all pipe to a minimum of 36-inches of cover, so as not to interfere with cultivation
of soil. 2. Repair all fence crossings to as good or better than previous condition. 3. Cease construction operations in excessively muddy conditions. 4. Any and all construction vehicles,
equipment and materials, while not in use, shall be parked or placed in the ROW. 5. All ROWand access roads shall be kept safe and in good order, and shall at all times be kept free
of litter and debris caused as a direct result of GRANTEE'S activities. 6. Except for normal and routine maintenance and repair during construction activities, no construction equipment
shall be repaired or maintained upon subject lands. No motor fluids will be disposed of on the subject lands. 7. All gates shall be left as they are found. Access must be coordinated
with tenants, if any. 8. No frrearms, pets, alcohol or illegal drugs shall be allowed on the property at any time. 9. GRANTEE shall seed all disrupted areas with either BLM seed mix,
or the seed-type(s) selected by GRANTOR. 10. GRANTEE shall be responsible for weed control in all areas disturbed by GRANTEE throughout the term of this ROW. 11. Any large rocks (greater
than 4" in diameter) excavated by GRANTEE shall be distributed or disposed of by GRANTEE as directed by GRANTOR. 12. The ROW shall be retumed to the original topography, to the extent
feasible, so that there are no permanent mounds, ridges, sinks or trenches. 13. Fence construction shall be a wooden post every 30', 3 steel post spaced equally between the wooden posts
with a four strand barbed wire fence. 14. All operations should be coordinated with tenants, ifany, on a daily basis, or as near as possible. 15. Notice by either party hereto shall
be promptly given orally, and if necessary or possible, confirmed in writing and mailed to: GRANTOR: David R. Y ouberg 215 South 1 0'" Street Sac City, IA 50583 GRANTEE: ETC Canyon Pipeline,
LLC 1600 Broadway, Suite 1900 Denver, Colorado 80202 (720) 225-4000 Youberg, D 5/312008
RIGHT OF WAY AND EASEMENT STATE OF COLORADO COUNTY OF GARFIELD KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter cumulatively referred to as GRANTOR, for and in consideration
of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION, paid by ETC CANYON PIPELINE, LLC, hereinafter referred to as GRANTEE, the receipt and sufficiency of which is hereby acknowledged,
does hereby grant, bargain, sell, assign, and convey unto said GRANTEE, whose address is 1600 Broadway, Suite 1900, Denver, Colorado 80202, its successors and assigns, a Right of Way
and Easement, hereinafter referred to as ROW, to locate, survey a route, clear, entrench, construct, maintain, operate, and repair and replace as necessary a pipeline with appurtenances
including, but not limited to, above and below ground valves, cathodic protection equipment, and pipeline markers hereinafter sometimes collectively referred to as the facilities, across,
over, under, and through the lands of GRANTOR in the County of Garfield, State of Colorado, to wit: The NW1/4NE1/4, SW1/4NE1/4 & NW1/4SE1/4 OF SECTION 12, TOWNSHIP 7 SOUTH, RANGE 94
WEST OF THE 6TH P.M .. This ROW shall be a sixty (60) foot temporary right-of-way and shall remain in place until completion of proposed road construction. Should Garfield County not
accept the conveyance of the 60' ROW for the purpose of a public county road, said ROW will revert to a 30' permanent ROW. Said ROW located on the above described lands is generally
described on a Preconstruction Pipeline Exhibit, hereinafter referred to as Exhibit "A", which shall be attached hereto and by this reference made a part hereof. Exhibit "A" is not intended
to show the final location of the ROW or pipeline as actually constructed. The actual location of the ROW will be determined based on where the pipeline is actually laid. As such, Exhibit
"A" shall be supplemented with As-Built Pipeline Exhibit after construction is complete. This ROW shall carry with it GRANTEE'S rights and benefits necessary or convenient for the full
enjoyment or use of the rights herein granted, including, but not limited to, right of ingress and egress to and from, and access on and along said ROW, with the right to use existing
roads, for the purpose of locating, surveying, constructing, operating, inspecting, testing, repairing, altering, and maintaining the facilities and the removal or replacement of same
at will, either in whole or in part, and the replacement of said pipeline with either like or different size pipe, and the right to cut all trees, undergrowth, and other obstructions
that, in its judgment, may injure, endanger or interfere with the use of said facilities. This ROW together with all rights herein granted shall be covenants running with the land and
be binding upon GRANTOR, his heirs, executors, administers, personal representatives, legal representatives, successors, and assigns, and may be assigned by GRANTEE, either in whole
or in part, subject to the terms hereunder. GRANTEE may, at any time, and upon permanent abandonment of said ROWand removal of all improvements constructed thereon, execute and record
a reconveyance and release hereof, whereupon this ROWand all rights and privileges herein mutually granted shall be fully cancelled and terminated. GRANTOR reserves the right to the
full use and enjoyment of said property except for the purposes herein granted, but such use shall not hinder, conflict or interfere with GRANTEE'S surface or subsurface rights hereunder
or disturb its facilities and no road, reservoir, excavation, obstruction or structure shall be constructed nor be permitted for construction, created or maintained on, over, along or
within said ROW Youberg, D. 2/12/2009
without prior written consent of GRANTEE. GRANTOR further agrees not to change the grade or otherwise remove dirt from the surface of said ROW without prior written consent of GRANTEE.
GRANTEE hereby covenants and agrees to indemnify and forever hold hannless GRANTOR against each and every claim, demand or cause of action that may be made or come against him by reason
or in any way arising out of any defect, imperfection, operation, maintenance or construction of said facilities. GRANTOR hereby agrees that consideration received for this ROW fully
compensates GRANTOR for all rights herein granted, as well as surface damages resulting from construction of the facilities. GRANTOR represents and warrants that he is the owner in fee
simple of the land herein described, subject only to outstanding mortgages, if any, now of record in said county, and in the event of default by GRANTOR, GRANTEE shall have the right
to discharge or redeem for GRANTOR, in whole or in part, any mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto. It is hereby
understood that the parties securing this grant on behalf of GRANTEE are without authority to make any covenant or agreement not herein expressed and this ROW, as written, covers all
agreements and stipulations, between the said parties, and no representations or statements, oral or written, have been made modifying, adding to, or changing the tenns hereof, with
the exception of Exhibit "B", which shall be attached hereto and by this reference made a part hereof. IN TESTIMONY WHEREOF, the GRANTOR, herein has executed this conveyance this_day
of_ j} p'rk 0 q , 2009. GRANTOR: GRANTEE: BAamte~ David R. Youberg ETC Canyon Pipeline, LLC ~T1lt~ By:_-+I-_--'--7'---,--__ +I-__ _ Jo Beaver Creek Ranch, L.P., Sr. ice-President BY<;i=s.D~'<elQpment
. Dba You berg Beaver Creek Ranch, L.P. ~~k;V;~'=~:;J«S~ THE STATE OF ~b-WCl COUNTY OF ;\<A.CThe foregoing instrument was acknowledged before me this I ~-I!;day of F-exlA, , (H~ , 2009,
by the above-named David R. You berg as General Partner for Beaver Creek Ranch, L.P., dba Yo erg Beaver Creek Ranch, L.P. WITNESS my hand and official seal. My Commission Expires: ~'d-6'0q
, ,., ,..,.,.~ ,~.., LAURA d. ORTH Commission Numoor 125m My Comm. El<p. Aug. 26, 20 0'1 Notary Public Y ouberg, D. 2112/2009
My Comm. Expires r-; -/'1 -.) i! //Youberg, D. 2112/2009
EXHmIT "B" -LANDOWNER SPECIFIC STIPULATIONS GRANTEE agrees to the following stipulations: I. Bury all pipe to a minimum of 48-inches of cover, so as not to interfere with cultivation
of soil. 2. Repair all fence crossings to as good or better than previous condition. 3. Cease construction operations in excessively muddy conditions. 4. Any and all construction vehicles,
equipment and materials, while not in use, shall be parked or placed in the ROW. 5. All ROWand access roads shall be kept safe and in good order, and shall at all times be kept free
of litter and debris caused as a direct result of GRANTEE'S activities. 6. Except for normal and routine maintenance and repair during construction activities, no construction equipment
shall be repaired or maintained upon subject lands. No motor fluids wiIl be disposed of on the subject lands. 7. All gates shall be left as they are found. Access must be coordinated
with tenants, if any. 8. No firearms, pets, alcohol or illegal drugs shall be allowed on the property at any time. 9. GRANTEE shall seed all disrupted areas with either BLM seed mix,
or the seed-type(s) selected by GRANTOR. 10. GRANTEE shall be responsible for weed control in all areas disturbed by GRANTEE throughout the term of this ROW. II. Any large rocks (greater
than 4" in diameter) excavated by GRANTEE shall be distributed or disposed of by GRANTEE as directed by GRANTOR. 12. The ROW shall be returned to the original topography, to the extent
feasible, so that there are no permanent mounds, ridges, sinks or trenches. 13. All operations should be coordinated with tenants, if any, on a daily basis, or as near as possible. 14.
Notice by either party hereto shall be promptly given orally, and if necessary or possible, confirmed in writing and mailed to: GRANTOR: David R. Youberg 215 South 10th Street Sac City,
IA 50583 GRANTEE: ETC Canyon Pipeline, LLC 1600 Broadway, Suite 1900 Denver, Colorado 80202 (720) 225-4000 Youberg, D. 2112/2009
( 1 I ! I IiANDICH erR S '/IIrH CORNSIt SEC. II ALUM. CAP FOUND JiAltX8D L.S. 111171 ""","OX[IUITC Loc.IT[(JI 1K4VER CRtCK YOUBERC LEIIRlCH CONIIT~CT'ON 6UOIVII'r'6. 'NC. _'7 _01'. ISL.
yO. II'L. T. CO 8'''.2 "~·8'''·P,U UCEN': ~. P.D.B. P.O.r. GRAHDC SCALI u-r T PUBLIC l.VID SURVEY CORNER ""GU: POINT. P.C. or P.T. POINT 0' IBCIHNINC POUlT or TERMINUS T E)<ll111l1eIT
IIAII PROPOSED PIPELINE ROUTE ON YOUBERG PROPERTY ADJACENT TO PROPOSED RE-ALlGNED COUNTY ROAD 317 SECTION 12, T.7S., R.94"., 6th P.M. !TC CANYON ~'~L.'NI!. I..I..C 1600 BROADWAY, SUITE
1900 OENVER, CO 80202 OATE: 07/20/08 OwG: CASl[N( LtCAL BCR+P SCALE: 1~ III 300' SHEET: 1 or 2
PROPOSED PIPEUNE THROUGH ruE YOUBERG PROPERTY ADJACENT TO ruE PROPOSED RE ALIGNED COUNTY ROAD 317 LEGAL DESCRIPllON: A 30 foot permanent plpefne easement and a 30 foot temporary construction
easement located In Section 12. Township 7 South. Range 94 West of the SIxth PrincIpal Mer1dlan. Garfield County, Colorado. SaId temporary easement runn"u~ easterly of. parallel and
contiguous wIth sold permanent easement. Said proposed permanent rf9ht-of woy runs 5.0 feet westerly of and 25 feet easterty of followfng described proposed gas pIpeline: Commencing
at the North Quarter Comer of sold SecUon 12. on aluminum cap monument found h place marked 1..S. 8253"', thence 557'42'57'£ 1203.01 feet to the intenHlctlon of the existing centerline
of County Rood 317 with said pipetn. the TRUE POINT OF BEGINNING; thence the following 31 coo",., along lold proposed gas pipeline; 1) thence SJtr4719"'W 41.78 feet; 2) lhenee 504"25'45'£
96.53 feet; J) thence 131.08 feet along the arc of 0 curve to the rJght having a radius of 343.73 feet and 0 chord which bears S06"29'44"W 130.29 feeti 4) thence 11291 feet along the
arc of Q curve to the lett ha'o'flO 0 radius of 734.68 feet and Q chord which bears SIY01'03"W 11280 feet: 5) thence SOB"36'52"W 100.00 feet; 6) thence 91.15 feet oloog the ere of a
curve to the right having a radius of 494.81 feet and a chord wh1c:h beors S13'53'31"W 91.02 teet; 7) thence 76.13 feet along the arc of a curve to the left havfng a radlue of 225.00
teet and a chord which bears S09'2S'34"W 75.77 feet; 8) thence 500'3'02"£ 63.05 feet; 9) thence 127.79 feet along the arc of a cu""' to tho right having a radius ot 877.10 feet and a
chord which bears S03'57~24'W 127.66 feeti 10) thence 176.15 teet along the arc of a curve to the right ha'ling a radius of J75.00 teet and a chord which bearll S21'3S'16'W 174.54 teet;
11) thance J17.90 feet along the arc of 0 curve to the left hOlAng a radk.Ja of 912.67 feet and a chord which bear. S25W'59'W 316.29 teet; 12) thence S15"05'17"W 26.28 feet; 13) thence
123.46 feet along the arc of a curve to the rfght havhg Q r<:ldlus of 1022.22 feet and a chord which bears SlS·32'52"W 123.38 feeti 14) thence 99.86 feet along the Orc of a curve to
the rlglt having Q radius of 269.75 feet and a chord which bears SJ2"J61",,,"W 99.29 feet: 15} thence 136.10 feet along the arc of a curve to tho left hovfn4J 0 radius of 206.67 feet
and a chord whIch bears S24"21"12"W 133.65 feet: 16) thence S05"29'17"W 136.43 feet; 17) thence 87.46 feet oIong the orc of 0 curve to the right hmfng a rad"'s of g~.OO feet and a Chord
which bear. 531'01'39"W 84.40 feet; 18) thenco 109.76 feet along the arc of Q curve to the left ha'lfng a radius of 225.00 feet and a chord whIch _ro S«'5'JQ"W 108.68 f •• t: 19) thence
SJO'6'59"W 67.87 teot; 20) thence 114.05 f .. t along the arc of Q curve to the lett having Q radius of 2-40 •• 7 feet and a chord which beans S16'41'044'W 112.99 feet: 21) thMCe 117.47
feet olong the are of a curve to the right havl'ng a radkJa of l~.OO teet and (l chord whIch bears S26'B'58"W 114.28 f •• t; 22) thence S49'31'27"W 97.94 f .. t; 23) thence 116.82 f
•• t olong tho ore of a curve to tho left having a radius of 175.00 feet and a chord which beara S30"2J'59'W 114.67 feat: 24) thence Sll"16'31"W 107.28 feet: 25) thence 138.32 foet olong
the arc of a curve to the left hoving a radius of 95+.72 feet and a chord which bears S07"O,29"W 138.20 feet: 26) thence S02"M'2,.'W 01.02 feet: 27) thence 73.89 feet along the orc of
a curve to the left homo Q radtus of 307.02 feet and 0 chord which bears 503'55'13"[ 73.71 feet; 28) thence 89.39 feet along the arc of a curve to tho right having a radius of 169.10
feet and 0 chord which bears S004'9"4,.'W 88.36 feet: 29) thence S19"28'27"W 132.56 feet; 30) thence 32.20 feet along the arc of a curve to the r}ght having a radius of 184.48 feet and
a chord whIch bears S24"28'27'W 32.16 feet: 31) thence S29'28"28"W 65.40 feet to the Inter,ection with the North-South Centerline of sold Section 12, belno also boundary line common
to Mandich and Youberg. whence the Center South 1/16th comer of lord Section 12. a 2~ alumInum cop monument found marked 1.5 10871 ~ beora 5OO'34'27"E 265.15 feet. Sold pipeline measuring
3.279 linear feet. more or 1M!. TYPICAL. SECTION (LOOKINQ SOUTH) BASIS OF BEARING nw BoaI. of lharlng. for thlll plot t. a bearing of SOO"J4'28"E ht..., tM Noritl Qucrtw Com .. of SIctb1
12. «T Nlmlnum Cap Worun«It !'llUn4 In pI_ maMd -...s. ~ G'Id tM NuInInum CGp II'ICI"Qd "'2001, PoLS. 10Si'1· at the centlr QuGrUir Comer of SecUcro If, T.7S.. R.uw. 01 th<t 8th P.M.
SURVEYOR'S CERTIFICATE I, ;.org. R, Baur. a Prar.ulonol Land SJIW)Or In thl Stat. at Colorado do tt ... y certify that tn .. 9Jrvey wo. modi \1'1_ m'l dhot .~. CI'1d that VIII Plot repl'OlNrrte
eaI &.rvoy. I!XHlelT "A' PROPOSED PIPEUNE ROUTE ON YOUBERG PROPERTY ADJACENT TO PROPOSED RE-AUCNltD COUNTY ROAD 817 SECTION f2, 1.78 .. Ji.94,.., 6th P.J/. !!TO OAN'r'ON Plf"lll.~, u...c
1500 BROADWAY, SUITE 1900 DENVER. CO 80202 DAlE: 07/20/06 O'II'Q. GASJ~ LEGAL BCA+P SCAlE: N A !Il£ET: 2 CF 2
RIGHT OF WAY AND EASEMENT STATE OF COLORADO COUNTY OF GARFIELD KNOW ALL MEN BY THESE PRESENTS, that the undersigned, hereinafter cumulatively referred to as GRANTOR, for and in consideration
of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION, paid by ETC CANYON PIPELINE, LLC, hereinafter referred to as GRANTEE, the receipt and sufficiency of which is hereby acknowledged,
does hereby grant, bargain, sell, assign, and convey unto said GRANTEE, whose address is 1600 Broadway, Suite 1900, Denver, Colorado 80202, its successors and assigns, a Right of Way
and Easement, hereinafter referred to as ROW, to locate, survey a route, clear, entrench, construct, maintain, operate, and repair and replace as necessary a pipeline with appurtenances
including, but not limited to, above and below ground valves, cathodic protection equipment, and pipeline markers hereinafter sometimes collectively referred to as the facilities, across,
over, under, and through the lands of GRANTOR in the County of Garfield, State of Colorado, to wit: The NE1I4SW1/4, SE1I4SW1/4, SECTION 12 & NE1/4NW1I4, NW1I4NW1/4, SE1/4NW1/4, SW1I4NE1I4,
NE1I4SW1I4, NW1/4SE1I4, SW1/4SE1I4, SECTION 13, TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6TH P.M. This ROW shall be a sixty (60) foot temporary right-of-way and shall remain in place until
completion of proposed road construction. Should Garfield County not accept the conveyance of the 60' ROW for the purpose of a public county road, said ROW will revert to a 30' permanent
ROW. Said ROW located on the above described lands is generally described on a Preconstruction Pipeline Exhibit, hereinafter referred to as Exhibit "A", which shall be attached hereto
and by this reference made a part hereof. Exhibit "A" is not intended to show the final location of the ROW or pipeline as actually constructed. The actual location of the ROW will be
determined based on where the pipeline is actually laid. As such, Exhibit "A" shall be supplemented with As-Built Pipeline Exhibit after construction is complete. This ROW shall carry
with it GRANTEE'S rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted, including, but not limited to, right of ingress and egress to
and from, and access on and along said ROW, with the right to use existing roads, for the purpose of locating, surveying, constructing, operating, inspecting, testing, repairing, altering,
and maintaining the facilities and the removal or replacement of same at will, either in whole or in part, and the replacement of said pipeline with either like or different size pipe,
and the right to cut all trees, undergrowth, and other obstructions that, in its judgment, may injure, endanger or interfere with the use of said facilities. This ROW together with all
rights herein granted shall be covenants running with the land and be binding upon GRANTOR, his heirs, executors, administers, personal representatives, legal representatives, successors,
and assigns, and may be assigned by GRANTEE, either in whole or in part, subject to the terms hereunder. GRANTEE may, at any time, and upon permanent abandonment of said ROWand removal
of all improvements constructed thereon, execute and record a reconveyance and release hereof, whereupon this ROWand all rights and privileges herein mutually granted shall be fully
cancelled and terminated. GRANTOR reserves the right to the full use and enjoyment of said property except for the purposes herein granted, but such use shall not hinder, conflict or
interfere with GRANTEE'S surface or subsurface rights hereunder or disturb its facilities and no road, reservoir, excavation, obstruction or structure shall be constructed nor be permitted
for construction, created or maintained on, over, along or within said ROW Mandich, R. 211 0/2009
without prior written consent of GRANTEE. GRANTOR further agrees not to change the grade or otherwise remove dirt from the surface of said ROW without prior written consent of GRANTEE.
GRANTEE hereby covenants and agrees to indemnify and forever hold harmless GRANTOR against each and every claim, demand or cause of action that may be made or come against him by reason
or in any way arising out of any defect, imperfection, operation, maintenance or construction of said facilities. GRANTOR hereby agrees that consideration received for this ROW fully
compensates GRANTOR for all rights herein granted, as well as surface damages resulting from construction of the facilities. GRANTOR represents and warrants that he is the owner in fee
simple of the land herein described, subject only to outstanding mortgages, if any, now of record in said county, and in the event of default by GRANTOR, GRANTEE shall have the right
to discharge or redeem for GRANTOR, in whole or in part, any mortgage, tax or other lien on said land and thereupon be subrogated to such lien and rights incident thereto. It is hereby
understood that the parties securing this grant on behalf of GRANTEE are without authority to make any covenant or agreement not herein expressed and this ROW, as written, covers all
agreements and stipulations, between the said parties, and no representations or statements, oral or written, have been made modifying, adding to, or changing the terms hereof, with
the exception of Exhibit "B", which shall be attached hereto and by this reference made a part hereof. \ Z. "TIT IN TESTIMONY WHEREOF, the GRANTOR, herein has executed this conveyance
this_day of_ 4='Et3 UIZAtU( 2009. GRANTOR: GRANTEE: Sf. Vice-President Bnsiflsss D~prelQPwent ~~/::HS6~1;~a~~fr~ZJr $/aJ Mandich, R. 211 0/2009
THE STATE OF COLORADO COUNTY OF !1a0>//cd _ I The foregoing instrument was acknowledged before me this /;l -day of f(~~ ,2009, before me, a notary public, in and for said county and
state, personally came the above-nam d Robert Mandich who IS personally known to me and known to me to be the identical person whose name is affixed to the above instrument to be his
voluntary act and deed. IN WITNESS WHE e hereunto set my hand and affixed my notary seal the day and year above written. ~,\f>-L.SM/l'l;W:-;;W -; /MyCommissio ~~ /' Notary Public in
and for The State of Colorado My Comm. Expires 7 -/9 -.;?O II THE STATE OF COLORADO COUNTYOF~/<6 _ The foregoing instrument was acknowledged before me this,,? 7 day of /;'Luv~, 2009,
before me, a notary public, in and for said county and state, personally came the above-named Jo T. McDougal as Sr. Vice-President . or ETC Canyon Pipeline, LLC who is personally known
to me and known to me to be the identical on whose name is affixed to the above instrument to be his voluntary act and deed. IN WITNESS WHEREOF I have hereunto set my hand and affixed
my notary seal the day and year above written. ~cd otary Public in and for My Commission Expires: ~ -19-,;{ r //The State of Colorado My Cv ... . '" ~ ...... :;;"J 7-/7 -cJil//Mandich,
R. 2/\ 0/2009
EXHffilT "B" -LANDOWNER SPECIFIC STIPULATIONS GRANTEE agrees to the following stipulations: I. Bury all pipe to a minimum of 4S-inches of cover, so as not to interfere with cultivation
of soil. 2. Repair all fence crossings to as good or better than previous condition. 3. Cease construction operations in excessively muddy conditions. 4. Any and all construction vehicles,
equipment and materials, while not in use, shall be parked or placed in the ROW. 5. All ROWand access roads shall be kept safe and in good order, and shall at all times be kept free
of litter and debris caused as a direct result of GRANTEE'S activities. 6. Except for normal and routine maintenance and repair during construction activities, no construction equipment
shall be repaired or maintained upon subject lands. No motor fluids will be disposed of on the subject lands. 7. All gates shall be left as they are found. Access must be coordinated
with tenants, if any. S. No firearms, pets, alcohol or illegal drugs shall be allowed on the property at any time. 9. GRANTEE shall seed all disrupted areas with eitherBLM seed mix,
or the seed-type(s) selected by GRANTOR. 10. GRANTEE shall be responsible for weed control in all areas disturbed by GRANTEE throughout the term of this ROW. II. Any large rocks (greater
than 4" in diameter) excavated by GRANTEE shall be distributed or disposed of by GRANTEE as directed by GRANTOR. 12. The ROW shall be returned to the original topography, to the extent
feasible, so that there are no permanent mounds, ridges, sinks or trenches. 13. All operations should be coordinated with tenants, if any, on a daily basis, or as near as possible. 14.
Notice by either party hereto shall be promptly given orally, and if necessary or possible, confirmed in writing and mailed to: GRANTOR: Robert Mandich P.O. Box 7964 Aspen, CO SI612
GRANTEE: ETC Canyon Pipeline, LLC 1600 Broadway, Suite 1900 Denver, Colorado 80202 (720) 225-4000 Mandich, R. 2/\0/2009
.. ,' , 1III W!~J"~INJ M~ t¥,'L~'~III:f"I"~~~I~~'1 r)~lliv), 11111 Reception~: 759289 11/25/2008 02:35:48 PM Jean Alberico 1 of 6 Ree Fee:$3_1.00 Doc Fee:0.00 GARFIELD COUNTY CO RIGHT
OF WAY AND EASEMENT STATE OF COLORADO COUNTY OF GARFIELD KNOW ALL MEN BY THESE PRESENTS, that Laramie Energy II, LLC, whose address is 1512 Larimer Street, Denver, Colorado 80202 , hereinafter
referred to as GRANTOR, for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION, paid by ETC CANYON PIPELINE, LLC, hereinafter referred to as GRANTEE, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, assign, and convey unto said GRANTEE, whose address is 1600 Broadway, Suite 1900, Denver, Colorado
80202, its successors and assigns, a Right of Way and Easement, hereinafter referred to as ROW, to locate, survey a route, clear, entrench, construct, maintain, operate, and repair and
replace as necessary one steel pipeline with a diameter not to exceed sixteen inches (16") in nominal pipe diameter for the transportation of natural gas and one steel pipeline with
a diameter not to exceed four inches (4") in nominal pipe diameter for transportation of produced water and/or condensate, and necessary appurtenances including above and below ground
valves, cathodic protection equipment, and pipeline markers hereinafter sometimes collectively refelTed to as the facilities, across, over, under, and through the lands of GRANTOR in
the County of Garfield, State of Colorado, to wit: That real property included in Homestead Entry Survey No. 309 embracing a pOllion of Section 24, Township 7 South, Range 94 West of
the 6'h P.M., described more particularly as beginning at Corner No.1, identical with the NOllhwest corner of Section 19, Township 7 South, Range 94 West of the 6th P.M.; thence South
41' East 34.62 chains to Corner No.2; thence NOllh 85 degrees 11' West 20.43 chains to Comer No.3; thence North 18 degrees 22' West 14.50 chains to Comer No. 4; thence NOJ1h 23' West
19.15 chains to Corner No.5; thence East 24.63 chains to Corner No.1, the place of beginning. No further or additional appurtenances shall be allowed under this agreement without the
prior written consent of Grantor. Appurtenances, as used herein, are limited to above and below ground valves, cathodic protection equipment and pipeline markers. This ROW shall be twenty
five (25) feet in width. An additional twenty five (25) feet of temporary construction ROW located directly adjacent to the ROWand on the existing road shall be necessary and shall expire
upon completion of construction. It is understood and agreed that GRANTOR may grant Black Diamond Minerals, LLC easements for a roadway and pipelines on the same lands as the ROWand
temporary construction ROWand that GRANTEE shall cooperate with Black Diamond Minerals, LLC in utilizing the ROWand temporary construction ROW. Said ROW located on the above described
lands is generally described on a Preconstruction Pipeline Exhibit, hereinafter referred to as Exhibit "A", which is attached hereto and by this reference made a pall hereof. The location
of the ROW, the pipelines and construction ROW shall be staked and approved by Grantor prior to any construction. Exhibit "A" is not intended to show the final location of the ROW or
pipelines as actually constructed. The actual location of the ROW will be determined based on where the pipelines are actually laid. As such, Exhibit "A" shall be supplemented with As-Built
Pipeline Exhibit after construction is complete. This ROW shall carry with it GRANTEE'S rights and benefits necessary or convenient for the full enjoyment or use of the rights herein
granted, including, but not limited to, right of ingress and egress to and from, and access on and along said ROW, with the right to use existing roads, for the purpose of locating,
Laramie Energy II, LLC 4118/2008
11/1 W!~J.~"r"'Hr'JI Dll!r,IYI'~I~~'m'I'A\ ~/M!~~iY~ I' "' ReceptJon#: 759289 I 11/25/200802:35:48 PM Jean Alberico 2 of 6 Ree Fee:$31 00 Doc Fee:O.OO GARFIELD COUNTY CO surveying, constructing,
operating, inspecting, testing, repairing, altering, and maintaining the facilities and the removal or replacement of same at will, either in whole or in part, and the replacement of
said pipelines with either like 01' different size pipe, which will not exceed a nominal diameter of sixteen inches (16") for the line transpOlting natural gas and a nominal diameter
four inches (4") for the line transporting produced water and/or condensate, and the right to cut all trees, undergrowth, and other obstructions on the ROW that, in its judgment, may
injure, endanger or interfere with the use of said facilities. This ROW together with all rights, easements, and agreements herein contained shall be covenants running with the land
and shall inure to the benefit or and be binding and obligatory upon the heirs, executors, administers, personal representatives, legal representatives, successors, and assigns of the
pmties hereto. The rights of the parties may be assigned, either in whole or in part, subject to the terms hereunder. GRANTEE shall upon permanent abandonment of said ROWand removal
of all improvements constructed thereon, execute and record a reconveyance and release hereof, whereupon this ROWand all rights and privileges herein mutually granted shall be fully
cancelled and telminated. In the event GRANTEE ceases to use the ROWand fails to keep the pipeline constructed hereunder available for service, all for the purposes set forth herein,
for any continuous period of two years of more, this ROW shall, upon written notice from GRANTOR to GRANTEE, terminate and all right, privileges and benefits of the GRANTEE hereunder
will revett to the GRANTOR, unless GRANTEE has re-commenced use of the ROW within 90 days following receipt of GRANTOR'S notice. In the event that the ROW terminates under this provision,
then the GRANTOR, at its option, may be deemed the owner of any improvements, including the pipelines installed in the ROW by GRANTEE. If this option is exercised by GRANTOR, GRANTEE
agrees to execute any necessary documents to effectuate and transfer said ownership to GRANTOR. If the option is not exercised by GRANTOR, then GRANTEE will commence, in good faith,
to remove all improvements constructed by it within 90 days after the receipt of written notice from GRANTOR to GRANTEE. GRANTOR reserves the right to the full use and enjoyment of said
property except for the purposes herein granted, but such use shall not hinder, conflict or interfere with GRANTEE'S surface or subsurface rights hereunder or disturb its facilities
and no reservoir or structure shall be constructed nor be permitted for construction, created or maintained on, over, along or within said ROW without prior written consent of GRANTEE.
GRANTOR fmther agrees not to change the grade or otherwise remove dirt from the surface of said ROW without prior written consent of GRANTEE. GRANTOR reserves for itself, its agents,
affiliates, successors and assigns, after notice to GRANTEE and provided that GRANTEE'S applicable spacing requirements are met, the right to cross the ROW with pipelines, roads, water
lines, sewer lines, and other utilities or facilities, and the right to construct other pipelines parallel and adjacent to GRANTEE'S pipeline . . GRANTEE agrees to indemnify, defend
and hold harmless GRANTOR, its officers, employees, agents, successors and assigns against any and all liability, loss, damages, claims, demand actions, causes of actions, violations,
fines, penalties, including court costs and attorney's fees which may result from GRANTEE'S acts of omissions in connection with its exercise of the rights granted hereunder, including
without limitation, property damage or personal injmy to, or death to persons whomsoever, to the extent such arises from GRANTEE'S occupancy of the ROW or GRANTEE'S operations on the
ROW, except to the extent that such liability, loss, damage, claims, demand actions, causes of action, including court costs and attorney's fees, arise out of the sole negligence, gross
negligence or willful misconduct of GRANTOR, its agents, employees, successors or assigns. GRANTOR hereby agrees that consideration received for this ROW fully compensates GRANTOR for
all rights herein granted, as well as reasonable and ordinaty surface damages caused by, associated with and otherwise incmTed in the construction of the facilities. Laramie Energy II,
LLC 411812008
1111 WI~. . ~11,3 hV~I'fU 'Io(M''''~rj,tJlI~'r' ,~~W 11,',I,iK'/I, I' "' ReceptionU: 759289 11/25/200802:35;48 PM Jean Alberico 3 of 6 Reo Fee:$31.00 000 Fee:O.OO GARFIELD COUNTY CO
This grant is made subject to all existing right-of-way and easements and is made without warranty of title, either expressed or implied. It is hereby understood that the parties securing
this grant on behalf of GRANTEE are without authority to make any covenant or agreement not herein expressed and this ROW, as written, covers all agreements and stipulations, between
the said palties, and no representations or statements, oral or written, have been made modifYing, adding to, or changing the terms hereof, with the exception of Exhibit "A" and B",
which shall be attached hereto and by this reference made a palt hereof. IN TESTIMONY WHEREOF, the GRANTOR, herein have executed this conveyance this {8 day of !Jc",,,",,-----, 2008.
GRANTOR: GRANTEE: Laramie Energy II, LLC By: ~~U. I~ ~ ~e L. Payne President and CFO BY::"::=~~t:5~:==--Brian J. Pete Director -Pipe' e Engineering & Operations Laramie Energy II, LLC
411812008
11111I!~. . II\W/'1 MV,~f~1 ~~I"'~IIII'~k\'~~:~I~I\\~~I~il,'~ 1IIII ReceptionH: 759289 11/25/200802:35:48 PM Jean Alberico 4 of 6 Ree Fee:$31 .00 Doc Fee:O.OO GARFIELD COUNTY CO THE
STATE OF COLORADO CITY AND COUNTY OF DENVER The foregoing instrument was acknowledged before me this~day of NOJ.er>1IHtf-,2008, before me, a notary public, in and for said county and
state, personally came the above-named Bruce L. Payne as President and CFO for Laramie Energy II, LLC who is personally known to me and known to me to be the identical person whose name
is affixed to the above instrument to be his voluntary act and deed. IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above written. My Commission
Expires: Jy;mnO#L Z .(oll PHYLLIS R. BURLEY ~NOTARY PUBLIC =---~-b:~f .!1pLORADO My Commi~.lon F;)ll1ires Sept. 7, 201'1 THE STATE OF COLORADO COUNTY OF JJm tiE k NotalY Public in and
[, The State of Colorado ~~ .~ The foregoing instrument was acknowledged before me thisHday of IJt) lJE:P1/BE:f" 2008, before me, a notary public, in and for said county and state, personally
came the above-named Brian J. Peters as DirectorPipeline Engineering & Operations for ETC Canyon Pipeline, LLC who is personally known to me and known to me to be the identical person
whose name is affixed to the above instrument to be his voluntary act and deed. IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above written.
My Commission Expires: if -3{l -I L Laramie Energy II, LLC 411812008
.1111II~. . ~~~I~IIIMI~NlI~"li~r~m~lttt,~~I~Ik).I:lliW, 11111 Receptionn: 759289 11/25/200802:35:48 PM Jean Rlberico 5 or 6 Reo Fee:$31 ,DO Doc Fee:0.00 GRRFIELD COUNTY CO EXHIBIT "B"
-LANDOWNER SPECIFIC STIPULATIONS GRANTEE agrees to the following stipulations: I. BlIIy all pipes to a minimum of 36-inches of cover, so as not to interfere with cultivation of soil.
2. Repair all fence crossings to as good as or better than previous condition. Grantee shall have the right to install, maintain and use gates in all fences which now cross or shall
cross the easement or which provide access to Grantor's property. Grantor shall allow Grantee to install its own lock if Grantee so chooses. 3. Any and all construction vehicles, equipment
and materials, while not in use, shall be parked or placed in the ROW or temporary construction ROW. 4. All ROWand access roads shall be kept safe and in good order, shall at all times
be kept fi'ee of litter and debris caused as a direct result of GRANTEE'S activities, and shall be repaired to the extent required due to GRANTEE'S activity. 5. Except for normal and
routine maintenance and repair during construction activities, no construction equipment shall be repaired or maintained upon subject lands. No motor fluids will be disposed of on the
subject lands. 6. All gates shall be left as they are found. Access must be coordinated with tenants, ifany. 7. No hunting, fishing, camping, firearms, archery equipment, pets, alcohol
or illegal drugs shall be allowed on the property at any time. 8. GRANTEE shall seed all disrupted areas with either BLM seed mix, or the seed-type(s) selected by GRANTOR. 9. GRANTEE
shall be responsible for weed control in all areas disturbed by GRANTEE throughout the term of this ROW. 10. Any large rocks (greater than 4" in diameter) excavated by GRANTEE shall
be distributed or disposed of by GRANTEE as directed by GRANTOR. II. The ROW shall be returned to the original topography, to the extent feasible, so that there are no permanent mounds,
ridges, sinks or trenches. GRANTEE shall monitor and promptly correct any erosion on the lands of GRANTOR disturbed by GRANTEE'S operations. 12. GRANTEE will supply reasonable dust suppression
when needed or requested by GRANTOR. 13. All operations should be coordinated with tenants, if any, on a regular basis. 14. Except in the case of emergency, GRANTEE shall contact GRANTOR
prior to entry on GRANTOR's lands for surveying, construction, maintenance or repair work of the pipeline facilities. 15. Notice by either party hereto shall be promptly given orally,
and if necessary or possible, confirmed in writing and mailed to: GRANTOR: Laramie Energy II, LLC 1512 Larimer Street, Suite 1000 Denver, CO 80202 (303) 339-4400 GRANTEE: ETC Canyon
Pipeline, LLC 1600 Broadway, Suite 1900 Denver, Colorado 80202 (720) 225-4000 Laramie Energy II, LLC 4/1812008
1111 rW.rPll11~~1 ~,ILWI'L ~Uk\j!t,I'!'~ ~~'II,~IIIII~, 11111 ReceptIon": 759289 11/25/2008 02:35:48 PM Jean Alberico 6 of 6 Ree Fee:$31 .00 Doc Fee:O.OO GARFIELD COUNTY CO 5XHI61i "~"
PROPOSED PIPELINE ROUTE ON LARAMIE PROPERTY W 1/2 NE 1/4. SE1/4 NE1/4 SECTION 24. T.7S., R.94W., 6th P.M. \ C) \ '. l , . \ () C} \ •. '" , \ \ \. '. \ "'\ \ \, .. ' \ , '. ; '. NOTES:
1) APPROX. 2333' OF PROPOSED PIPELINE ON LARAMIE PROPERTY 2) THE PIPELINE ROUTE AS SHOWN ABOVE DEPICTS THE PROPOSED ALIGNMENT, THE ACTUAL LOCATION AND LENGTH MAY VARY. eTC CANYON PlpeL.INE:,
L.!.C 1600 BROADWAY, SUITE 1900 DENVER, CO 80202 CONe.TI'<UCTION IOUI'<YE'r'E>, INC. r __,",_ ,"_El.-:IM--,-IN_A_,"_'r'_P_IP_E!_l.,IN_E!_""_O_U_T_E_O_N_l._A_""_A_M_IE!-J 001: IOUNI'<Ie.a
EI~YP. &I~ T. co &1e.E>2 (~'0)&'b-&'&) 1" ::;;:: 400' 1 f 1
STANDARD FORM 299 (1/2006) Prescribed by DOUUSDA/DOT P.l. 9647 and Federal Register Notice 5·22·95 FORM APPROVED APPLICATION FOR TRANSPORTATION AND OMB No. 10~189 UTILITY SYSTEMS AND
FACILITIES Expires: November 30, 2008 ON FEDERAL LANDS FOR AGENCY USE ONLY NOTE: Before completing and filing the application, the applicant should completely review this package and
schedule a Application Number preapplication meeling with representatives of the agency responsible for processing the application. Each agency may have specific and unique requirements
to be met in preparing and processing the application. Many times, with the help of the agency Date Filed representative, the application can be completed at the preapllication meeting,
I. Name and address of applicant (include zip code) 2. Name, title, and address of authorized agent if different from item I 3. TELEPHONE (area code) (include zip code) ArtSmitb JimmySmltb
Applicant: ETC Canyon Pipeline, LLC Wagon Wheel Consulting, Inc. Art Smi.h: 720-225-4011 1600 Broadway, Suite 1900 111 East 3rd Street, Suite 213 Authorized Agent: Denver. CO 80202 Rifl.,
CO 81650 Jimmy Smitb: 970-625-8433 4. As Applicant are you? (check one) S. SpecifY what application is for: (check one) a 0 Individual a 0 New Authorization b. 181 Corporation'" b. 0
Renewing existing authorization No c. 0 Partnership! Association'" c. 0 Amend existing authorization No. d. 0 State GovemmenVState Agency d. 0 Assign existing authorization No. e. 0
Local Govenunent e. 0 Existing use for which no authorization has been received, f. 0 Federal Agency f. 181 Other'" • If checked, complete supplemental page • if checked, provide details
under item 7 6. If an individual, or partnership are you a citizen(s) of the United States? D Yes D No 7. Project description (describe in detail): (a) Type of system or facility,(e.g.,
canal, pipeline, road); (b) related structures and facilities; (c) physical specifications (length, width, grading, etc.); (d) term of years needed; (e) time of year of use or operation;
(t) Volume or amount of product to be transported; (g) duration and timing of construction; and (h) temporary work areas needed for construction (Attach additional sheets, if additional
space is needed.) ETC Canyon Pipeline, LLC ("ETC"), respectfully requests NEPA Categorical Exclusion for the rollowlng proposed project: (a) 16" steel, buried, natural gas gathering
pipeline. (b) Typical above-ground appurtenances assotiated with pipelines such as lauuchers, receivers, blotk valves, pipeline markers, and CP test statiOQS (c) Pipeline Lengtb:~3.9
miles (~O.1 mile on BLM Lands and -1.3 miles on WRNF Lands), ROW width would be determined by road edge boundaries. The pipeline would be buried to an adequate depth to allow for future
road upgrades. (d) 30-year term requested (e) Year-round operation (f) ~ 45,000 to 100,000 mscf/d depending on operating pressures (g) If approved, the construction phase of the pipeline
will begin as soon as reasonably possible, with construction duration of 4 weeks. (h) Use of temporary work areas is Dot anticipated. 8. Attach a map covering area and show location
of project proposaJ. A to 0 ra hical base ma is attacbed for our use. 9. State or Local government approva1: Attached t8J Applied for D Not required Garfield County Administrative Permit
10. Non-returnable application fee: D Attached D Not required 11. Does project cross intemationaJ boundary or affect intemationaJ waterways? DYes [8j No (If "yes," indicate on map) ]2.
Give statement of your technical and financial capability to construct, operate, maintain, and tenninate system for which authorization is being requested. Etrectivt on November 5, 2007,
Canyon Gas Resources, LLC, a Delaware Limited Uability Company, changed its name to ETC Canyon Pipeline, LLC ("ETC"). ETC's midstream business is concentrated in Utah and Colorado. and
consists of the construction, operation, and maintenance of midstream gathering pipelines, processing and treating facilities. As such, ETC has the technical capabilities necessary for
the proposed action. This fonn is authorized for local reproduction.
13a. Describe other reasonable alternative routes and modes considered. An alternate route Is proposed in Section 24, TIS R94W, which would deviate from tbe current road and reroute
the pipeline to follow tbe old road route. This alternative routing would alleviate construction of the pipeline in a portion of the active roadway, would provide for proper reclamation
of the old road after pipeline construction Is complete, and would shorten the pipeline route across WRNF by ~ 1,400 feet. Proper temporary and permanent BMPs would be installed to adequately
protect Beaver Creek and the City ofRine Watershed. b. Why were these alternatives not selected? Other routes would not follow ellsting disturbance corridors. c. Give explanation as
to why it is necessary to cross Federal Lands. The fee land, which tbe pipellnc must access, Is bound by Federal Lands. 14. List authorizations and pending applications filed for similar
projects, which may provide infonnation to the authorizing agency. (SpecifJnumber, date, code, or name) South Parachute Pipeline -COC-66335j Bentley Pipeline -COC-66088j Porcupine Loop
-COC-SlO03 IS. Provide statement of need for project, including the economic feasibility and items such as: (a) cost of proposal (constrnclion. operalion, and mointencmce)~ (b) estimated
cost of next best atternative; and (c) expected public benefits. ETC has agreed to terms for gathering gas of a producer in the area. The proposed pipeline would provide service to tbis
producer and potentially other producers in the future. The utilization of existing disturbance corridors and roads will minimize neW disturbance. The capacity provided by a 16" pipeline
Is expeded to handle significant future volumes, which should minimize the nud for pipeline looping. (aj $4,000,000 (bj $3,750,000 (c) The new pipeline construction allows and Increase
in area natural gas production and tbe plpelioe size allows capacity for future production to tbe area, providing benefit to royalty owners and increasing tbe availability of natural
gas and natural gas byproducts to consumers. 16. Describe probable effects on the population in the area, including the social and economic aspects, and the rural lifestyles. No effects
are anticipated on tbe population within tbe project area. 17. Describe likely environmental effects that the proposed project will have on: (a) air quality; (b) visual impact; (c) surface
and ground water quality and quantity; (d) the control or structura1 change on any stream or other body of water; (e) existing noise levels; and (f) the surface of the land, including
vegetation, pennaliost, soil, and soil stability. No substantial effects are anticipated. Appropriate mitigation measures will be applied. IS. Describe the probable effects that the
proposed project will have on (a) populations offish, plant lite. wildlife, and marine life, including threatened and endangered species; and (b)marine mammals, including hunting, capturing,
collecting, or killing these animals. No substantial effects are anticipated. Appropriate mitigation measures will be applied. 19. Slate whether any hazardous material, as defined in
this paragraph, will be used, produced, transported or stored on or within the right-of-way or any of the right-of-way facilities, or used in the construction, operation, maintenance
or tennination of the right-of-way or any of its facilities. "Hazardous material" means any substance. pollutant or contaminant that is listed as hazardous under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 et seq., and ils regulations. The definition of hazardous substances under CERCLA includes any "hazardous
wasle" as defined in the Resource Conservation and Recovery Act of 1976 (RCRA), as amended 42 U.S.C. 9601 et seq., and its regulations. The term hazardous materials also includes any
nuclea.-or byproduct material as defined by the Atomie Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq. The term does not include pcl:roleum, including crude oil or any fraction
thereof thaI is not otherwise specifically listed or designated as a hazardous substance under CERCLA Section 101(14),42 U.S.C. 9601(14), nor does the tenn include natural gas. There
will be DO hJUardous mllerial(s) transported across, contaioed within or stored upon the Right of Way. 20. Name all the Department(s) IAgency(ies) where this application is being filed.
Original Filing with: Bureau of Land Management Glenwood Springs Energy Office 2425 S. Grand Ave., Suite 101 Glenwood Springs, CO 81601 I HEREBY CERTIFY, That 1 am of legal age and authorized
to do business in the State and that I have personally examined the infonnation contained in the application and believe that the infonnation submitted is correct to the best ofm ~kn"'0g;;I';;;d~'.==
================i:::~============ Signature of Applicant Dati' /2 Art Smith. Man erofEn ineerin -Pro·ec (~ Title 18, U.S.C. Section 1001, makes it a crime for any person ~,~ng~lyy';;a:;:ni'W1\iiiiiii
iirt;~~:foo~a;;nWY:;di.:e~pa::rt:;;m;;e~n;;t:;o;;'r';;aga:e~n~C'f~O:;f \tth~e~uT.n~it~e:dd1sftt~at~e:;'s~a;;nY;;;fa;f,Is~e~, = fictitious, or fraudulent statements or representations
as to any matter within Its jurisdiction.
SUPPLEMENTAI~ CHECK APPROPRIATt NOTE: The responsible agency(ies) will provide additional instructions BLOCK 1-PRN ATE CORPORATIONS ATIACHED FILED· a. Articles of Incorporation On file
at BLM D 181 b. Corporation Bylaws D D c. A certification from the State showing the corporation is in good standing and is entitled to operate within the State. D 181 On file at BLM
d. Copy of resolution authorizing filing U 0 e. The name and address of each shareholder owning 3 percent or more of the shares, together with the number and percentage of any class
of voting shares of the entity which such shareholder is authorized to vote and the name and address of each affiliate oflhe entity together with, in the case of an affiliate controlled
by the entity, the number of shares and the percentage of any class of voting stock of D D that affiliate owned, directly or indirectly, by that entity, and in the case afan affiliate
which controls that entity, the number of shares and the percentage of any class of voting stock of that entity owned, directly or indirectly, by the affiliate. f. If application is
for an oil or gas pipeline, describe any related right -of·way or temporary use pennit applications, and identify D U previous applications. g. If app1ication is for an oil and gas pipeline,
identify all Federal lands by agency impacted by proposal D D 11-PUBLIC CORPORATIONS a. Copy of law fonning corporation D U b, Proof of organization U U c. Copy of Bylaws D 0 d. Copy
of resolution authorizing filing D 0 e. If application is for an oil and gas pipeline, provide infonnation required by item "I·f'and "r·g" above. D D 111-PARTNERSHIP OR OTHER UNINCORPORATED
ENTITY a. Articles of association, if any D D b. If one partner is authorized to sign, resolution authorizing action is D 0 c. Name and address of each participant, partner, association,
or other D 0 d. If application is for an oil and gas pipeline, provide information required by item "J·f' and "I·g" above. D D • " . .. If the reqUIred information IS already filed With
the agency processmg thiS apphcatlOn and IS current. check block entitled Flied. ProVide the file IdentificatIOn information (e.g., number, date, code, name). Ifnolon file or current,
attach the requested information.