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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8'h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.ciarfield-county.com RECEIVED OCT 1 42009 GARFIELD COUNTY BUILDING & PLANNING L4PA- 10-09-16I55 L7 LIMITED IMPACT REVIEW 0 LIMITED IMPACT REVIEW [AMENDMENT] GENERAL INFORMATION (Please print legibly) Name of Property Owner: Chevron U.S.A. Inc . y Mailing Address: 760 Horizon Drive Telephone: ( 970)263-3637 y City: Grand Junction State: co Zip Code: 81506 Cell: ( ) y E-mail address: FAX: ( ) y Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): y Michael J. Suek, Marathon Oil S Mailing Address: 743 Horizon Ct, Suite 220 Telephone: ( (97g-244.5722 y City: Grand Junction State: co Zip Code: 81505 Cell: ( ) ➢ E-mail address: FAX: ( ) Y Requested Use from Table 3-501 or 3-502: Construction and operation of a communication tower y Street Address / General Location of Property: approximately 8 miles north of Parachute,l mile west of County Road 215. y Legal Description: see attachment A y Assessor's Parcel Number: 21 7 1- 0 5 2- 0 0- 0 0 2 Y Existing Use: natural gas production and agricultural activity > Property Size (in acres) 635 Zone District: RL: Gentle Slopes Last Revised 12/29/08 I. GENERAL SUBMITTAL REQUIREMENTS (The following general application materials are required for all Limited Impact Review Applications in Garfield County. Application materials and review standards that are specific to an individual use (Community Facility, Parking Lot, Library, etc,) are detailed in Sections 3-301 of Article III and Article VII of the Unified Land Use Resolution (ULUR) of 2008.] A. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. B. A narrative explaining the purpose of the application and supporting materials that address the standards and criteria found in Articles III and VII of the Unified Land Use Resolution of 2008. C. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. D. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). E. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1'=2000' showing the general topographic and geographic relation of the proposed land use change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. F. A copy of the Pre -Application Conference form from the original Pre - Application Conference. G. Submit 3 copies of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. I. Limited Impact Review Process The following section outlines and describes the Limited Impact Review process for the variety of uses that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Articles III and VII in the regulations themselves for a higher level of detail. [The following process is required for applications for land use changes that are subject to Limited Impact Review as defined in Table 3-501 or 3-502 in Article III.] A. Outline of Process. The Limited Impact Review process shall consist of the following procedures: 1. Pre -Application Conference (4-103 (A)) 2. Application (4-103 (B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Public Hearing and Decision by the Board of County Commissioners (4-103 (G)) B. Submittal Materials: The following materials shall be submitted with a Limited Impact Review application and are more fully defined in Section 4-502 of Article IV of the ULUR. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards. 1. Application Form and Fees 2. Site Plan (4-502(C)(3)) 3. Land Suitability Analysis (4-502(D)) 4. Impact Analysis (4-502(E)) II. Limited Impact Review Amendment Process Any proposal to change conditions of approval or a site plan approved under these Regulations as a Limited Impact Review permit shall require application to the Director for Amendment of a Limited Impact Permit Approval. The Director shall review the application to determine whether the proposed change constitutes a substantial change to the Limited Impact Permit approval pursuant to Section 4-107 of Article IV. A. Outline of Process. The review process for a proposed Amendment of an Approved Limited Impact Review shall consist of the following procedures. 1. Pre -Application Conference (4-103 (A)) 2. Application (4-103 (B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Decision by Director (4-104(B)(5)) 6. Public Hearing and Decision by the Board of County Commissioners (4-103 (G)) B. Submittal Materials: The following materials shall be submitted with a Limited Impact Review Amendment application and are more fully defined in Section 4-502 of Article IV of the ULUR. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards. 1. Application Form 2. Supporting documents necessary to evaluate the proposed revision(s) 3. Written Statement of proposed amendment(s) which includes how the requested amendment does not result in a substantial change defined here: Substantial Change. A change to and existing approved land use resulting in one or more of the following: 1. A change in land use category. 2. A change in site design which increases a. The number of dwelling units. b. The maximum square footage of structures less than 10,000 sq. ft. over 100% and structures over 10,000 sq. ft. by 10%, if a maximum has been specified in a permit or approval. c. Projected traffic such that a highway access permit or an amendment to a highway access permit is required as a result of the change. d. The size of the land which is the subject of the permit or approval 3. A change in land use which creates or increases the incompatibility of the use. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signatu f Property Owner) 9-3v -a? Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Marathon Oil Corporation Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Communications Tower (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) SigItture Date Michael J. Suek, Piceance Operations Manager Print Name Mailing Address: 743 Horizon Ct, Suite 220 Grand Junction, CO 81506 Page 4 Attachment A Legal Description Parcel Number 217105200002 SECT,TWN,RNG:5-6-96 DESC: LOTS 1-12 5-96 SEC 35 S 1/2SE SEC 36 S 1/2SW DESC: AKA JB CLAIMS 1-4 BK:0293 PG:0351 RECPT:757938 BK:1663 PG:206 RECPT:668724 BK:1663 PG:200 RECPT:668723 BK:1655 PG:178 RECPT:666845 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81501 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2171-052-00-002 APPLICANTS PLANNER: NA PROJECT: Communications Tower OWNER: Chevron USA, inc. (Land owner) and Marathon Oil Company to own Tower REPRESENTATIVE: 011sson & Associates DATE: 9/18/09 PRACTICAL LOCATION: 8 miles north of Parachute, 1 mile west of CR 215 on the Plateau (See attached map) TYPE OF APPLICATION: Land Use Change Permit through a "Limited Impact Review" I. GENERAL PROJECT DESCRIPTION Marathon 011 Company proposes to construct a 22 -foot tall communications tower to communicate to an existing water pump station on Parachute Creek located on the valley floor below the plateau. The base of the facility is approximately 20' x 2o', is non -manned, and is solar powered. Marathon would enter into a lease -type agreement with the land owner, Chevron, to locate the tower in the proposed location. This location is desired so that it can allow for remote communication (line of sight technology) from the valley floor to the operations on the plateau. Il. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (DEVELOPMENT CODE 1 COMPREHENSIVE PLAN, STATE STATUTES, ETC.) This type of use is defined by the Garfield County Unified Land Use Resolution of 2008, as amended (ULUR) as a "Communications Facility" which is defined in Article XVI as: Communication Facility. A non -inhabitable structure supporting antennas and microwave dishes that sends and/or receives radio frequency signals, including television and date impulses through space by means of electromagnetic waves. Communication facilities include structures or towers, and accessory building. Individual/personal direct -to -home satellite services are not included in the definition of Communication Facility. Since the subject property Is located in the "Resource Lands: Plateau" zone district, a Communications Facility requires a Land Use Change Permit which requires a Limited Impact Review by Garfield County. The following sections of the ULUR shall apply to this application: 1) Article IV, Section 4-105: Limited impact Review Process 2) Article IV, Section 4-501: Application Materials 3) Article VII, Divisions 1 and 2 and Section 7-823 (Additional Standards for Telecommunication Facilities) REVIEW PROCESS While detailed in Article IV, Section 4-105, the Limited Impact Review Process is outlined here: 1. Pre -application Conference. 2. Application. 3. Determination of Completeness. 4. Schedule Public Hearing. 5. Evaluation by Director/Staff Review / Review by Referral Agencies. 6. Review and Action by Board of County Commissioners. The applicant has asked that the Director waive specific requirements in the Land Suitability Analysis which are specifically attached. It was also noted that the Director did not have the authority to waive the provisions of the Impact Analysis. It was understood that any application would provide the justifications for items that the Applicant wished to have waived. Public Hearing(s): None Planning Commission X__ Board of County Commissioners Board of Adjustment Referral Agencies: (Division of Water Resources, Colorado Department of Transportation, etc.) It is anticipated that the application would be referred to the following: ➢ Garfield County Road and Bridge ➢ Garfield County Sheriff ➢ Town of Parachute ➢ Division of Wildlife (GJ Office) ➢ County Vegetation Manager IV. APPLICATION REVIEW FEES Planning Review Fees: $400.00 Referral Agency Fees: $o.00 Total Deposit: $400.00 (additional hours are billed at hourly rate) General Application Procesilng Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. PrefappJk t umm_aL.y Prepared by_ Z-/ 0 Fred Jarman From: Lorne Prescott (lprescott@oaconsuiting.com} Sent: Friday, September 11, 2009 1:12 PM To: Fred Jarman Cc: Doug Dennison; Ryland, Curtis; Craig Richardson Subject: Topics for• request of waiver on LIR components Attachments: MOC Tower Drawings.pdf Fred, Here are the items that we are going to request a waiver from in the GARCO LIR process for the proposed Marathon Communications Tower. This is our first crack at this type of process, our requests are intended to serve as fodder for aur dialogue next Friday. Please keep in mind that this facility very closely approximates the facilities that have been previously permitted and will have minimal impacts. I have attached some maps/drawings for the proposed project that should provide some context to our request(s), the entire proposed site will be about 20' x 20'. We appreciate your consideration on these items. Request waiver from components of: Land SuitabilityAnalYsis items 06) Drainage Features: the foot print of the project is so small and it is not proximate to any significant drainages. 07) Water: the proposed use will require any water use and will not have any impacts to water supplies. 08) Floodplain: the foot print of the project is very small and the proposed use is not proximate to any floodplains or floodways 09) Soils: the foot print of the project is very small, there is no significant weight associated with the proposed use, the tower will be supported by a small concrete foundation. D10) Geo-Haz: the foot print of the project is very small, no geo-hazards would impact the proposed location 011) Natural Habitat: This facility would be constructed at the end of an existing 2 -track road, no wetlands are proximate, small size of proposed site would preclude impacts to existing flora and fauna. Impact Analysis items: E4) Soil Characteristics: same as above, the foot print is so small that project will not have a significant influence on the land. E5) Geology and Hazard: same as above, the foot print of the project is very small, no geo-hazards would impact the proposed location. E6) Effect on Existing H2O supply: no impacts to water supply from this proposed project. E7) Effect on Groundwater: no impacts on groundwater or aquifers, no drilling or disturbance other than to construct concrete pad and fence. E8) Environmental effects: because of the small footprint and because the access road already exists, environmental effects would be essentially negligible. E9) Traffic: traffic study not necessary, no traffic will access the site except to construct and/or to check the facility if something goes wrong. E10) Nuisance: no impacts because of small footprint, minimum of equipment on site (tower and control panel). Ell) Reclamation Plan: overall disturbance Is 400 sq feet, a full reclamation plan seems a bit excessive. Site Plan Requirements: Since this proposed project Is so straightforward, we would like to know if we can use the attached drawings to meet the site plan requirements. Thanks again for your time, 1 I'II see you next Friday at 9:00. Lorne C. Prescott 1 Olsson Associates 826 21 1/2 Road k Grand Junction, CO 81505 1 Iarescottaoaconsuiting.com TEL 970.263.7800 ext. 2011 1 CELL 970.210.68891 FAX 970.263.7.456 O..OLSSON ASSOCIA-TES 2 ;•"4..gcSer-?"."" z i• ••• -• :•f• • • •A` 411. ••• WILLIAM H. SMITH & ASSOCIATES P.C. SURVEYING CONSULTANTS MO Mr MOW MOW PIMA Ofti•-4391S—SO9O OR= KM WY 60P—Sit—SWO winnwbutilthpaocun • ,1 TOWER NUMBER 7 LOCATED IN THE NE/4, SECTION 5, TOWNSHIP 6 SOUTH, RANGE 96 WEST. dAi, TOR MARATHON OIL COMPANY P.O. BOX 3128 HOUSTON, TX 77253 5555 SAN FELIPE HOUSTON. TX 77056 DRAWN BY: CEO JOB NO: 28099 DAN: 07/20/09 SONE: 1" la 2 MILES TOPO MAP Al -1: P Yy DRAWN BY: CEO WILLIAM H. SMITH & ASSOCIATES P.C. SURVEYING CONSULTANTS 560 Best SECOND NOElH PROM sop-s$ese cam awnt EYvanr sLsmllhpe oem stet -arra -s099 JOB NO: 28099 Dant 07/20/09 TOWER NUMBER 7 LOCATED IN THE NE/4, SECTION 5, TOWNSHIP 6 SOUTH, RANGE 98 WEST. SCALE: ran' 0 2000* C !TY FOR ARATHON OR COMPANY P.O. BOX .3128 HOUSTON, TX 77253 5555 SAN FELIPE TOPO MAP A3 s .t%• WILLIAM H. SMITH & ASSOCIATES P.C. SURVEYING CONSULTANTS aso nor mom Hoag PIMA 967-876-8B9B a&8&N WVsi VrYsa ,t+tdpaoom 907-975-9859 DRAISN 8Y: CED JOB NO: 28099 DAM': 07/20/09 TOWER NUMBER 7 LOCATED IN THE NE/4, SECTION 5, TOWNSHIP 6 SOUTH, RANGE 96 WEST. ICT ARATHON OIL COMPANY P.O. BOX 3128 HOUSTON, TX 77253 5555 SAN FELIPE SOME: 1" = 1 MILE EXISTING WATER LINE .,----.- --:.%'''.---I /•/ i' ' ....-• - - I • J i I i I EXISTING 25' PIPELINE R -O -W GATE—' CONTfiOL PANEL EXISTING GAS LINE TIE N 64'46'16" E 2379.5 NE C,C, SEC. 5, T6S, R96W SITE DETAIL TIE N 84'4616" E 2379.5 . SNE C.C. SEC. 5, T6$ R96W aQ TOWER EASE CONCRE ' " . FOUNDATION FENCE-N.)1.,g SEE SITE DETAIL TOWER DETAIL SCALE 1=10 FRONT VIEW SOLAR PANELS BATTERY BOX GROUND LEVEL th SOLAR PANELS SIDE VIEW BATTERY BOX CONCRETE IN UNDERGROUND TUBE WILLIAM H. SMITH 8c ASSOCIATES P.C. SURVEYING CONSULTANTS 560 BASF SECOND NORTH FROND 307-673-3898 OR88N RIVER FY 307-675-3599 nwrr w2 mNbpQ.aom TOWER NUMBER 7 LOCATED IN THE NE/4, SECTION 5, TOWNSHIP 6 SOUTH, RANGE 96 WEST. VICINITY MAP FOR MARATHON OIL COMPANY P.O, BOX 3128 HOUSTON, TX 77253 5555 SAN FELIPE HOUSTON. TX 77056 DRAWN BY: CED JOB NO: 26099 DATE: 07/20/09 SCALE: NOTED NAGE 1 OF 1 Parcel 2171 -052 -00 -002 -Chevron Note: Eaton Shale became Chevron Shale which became Chevron USA, Inc. (Attached) Pacific OU Co. became Chevron Shale which became Chevron USA, Inc. (Attached) . . . .1. . • • .• • • • . • - • . ••• r. • .• . , • • .• • :i4c• • ••'*:. • ' • , • •-•'• • • a'" • ' • . . • .- ' . . . ' c",1.''••••• ••••414V1141art:14`41&Y.!ft}:•.T; • ••••• '-'7•1•' • . ••••• •••••1•' • • • \ • -•• ••• ." . • •rfs' •-•ri• • f•':•• :1•,••••fT4..EA:•'-', — ••-4t, '4 .1 • . • •,...2,1.j4:••4..;•, „ • -,:: • „. •••- • •• • -• ••:•., .4. •• - • r. • 4.• ;• ' • •• • "*: •••• " -" - *A, •ci...= •T,'"• 7..,Alf 'N. L iI' .1,'• •,. , ` '.....' V¢ A. 1 l• .S.A...,..7. .g. . 1."":,.. '.. ' 1. • . • • • • • •• • •• • • .oir-,::,%.• .1. ..... •,. 4.'...F. • , 5 -11-!..'8:••• • • ..4....e.:-.7'5y,........i: ..„. . 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Inc., a corporation duly organized under the laws of the Commonwealth of Pennsylvania (the Corporation"), do hereby certify that annexed hereto are full, true and correct copies of Certificate of Merger filed with the Department of State of Pennsylvania on April 30, 2002 and Agreement and Flan of Merger by and among Chevron U.S.A. Inc. and Chevron Shale Oil Company. 114 WITNESS WHEREOF, I have hereunto set my hand and the seal of said Corporation this 4th day of November, 2004. State of California City of San Ramon County of Contra Costa ) ss CHEVRON 'U.S.A. INC. Hongyan Xun Assistant Secre On November 4, 2004, before me, Simon Lee, a Notary Public in and for the State of California, personally appeared Hongyan Xun, Assistant Secretary of Chevron U.S.A. Inc., personally known to me to be the person whose name is subscribed to the within instrument and aclmowledged to me that she executed the within instrument in her authorized capacity, and that by her signature on the within instrument, the person or the entity upon behalf of which the person acted executed the within instrument. WITNESS my hand and official seal. Signature SIMoN LEE „o COMM. #1352816 NOTARY PUBLIC-CAIIFORNIACo) SAN FRANCISCO COUNTY -- My Comm. Expires Apr. 22,E 1111111111111111111111111111111111111111111111111111 666845 01/11/2005 12t54P 91655 P179 piPLSDORF 2 of 7 R 36.00 0 0.00 GARFIELD COUNTY CO _sETt1AN'1i)CSC PENNSYLVANIA DEPARTMENT OF STATE CORPORATION BUREAU -----AtticlesiCertificate of Merger amity Number 149371 (1S Pa.CS.) a Dementia Business Coepotatieet (4 1916) Domestic Nonprofit Corporation (g 5926) Limited Partnership (f 8547) The Frcntice aa11 Corporation System, Inc. x 04 Commerce Drive, Suite B rest: zip Cod. Harrisburg, PA 17110 Document ent will be returned to the amend address you eater te !ie left. Foe: $108 s1ua S28 additional for etch Party in additional to two In 4xxnplince with the requirements oft* applicable provisions (relating to snicks of merger or nonaotidation), the underridesiring toefroc= a triexger, hereby state that: 1. The name of the cosporatier/Iimittid partnership surviving the merger is: Chevron U.S.A. Inc. `! _ 1 Check cedeompleleau of litefrillowhrg: 4. -Tho sraviviag oxPorationeraked partnership is a domestic hu inetsfacuprofit =port tionl invited partnership and the (a) address ofils current registered office in this Ca osmareortatth or (b) name of its commercial teeisterod office providTher tde c comity ofpried to correct the fallowing information to m� Is why ere z oithe revue t In Nutmeat): (a) Number and Street City State Zip Oauaty (b) Name of Com±neocial Registered Office Provider eta The Prentice—Sail Corporation System, Inc. Dauphin County The surviving corporatiodlimkedpertaaship is aqualified foreign basisticschwnproft corporation /grafted partnership ttleorporatedllonmed under the laws of _ and the (a) address of Its current registered office in this Commonwealth or (b) name of its commercial registered race provider width* county avenue is (the Depsrtmatt is hereby embarked to correct rho following infmraation to conform to the records ofthe Depatmettt): (a) Number and Street Cky State Tap County (b) Name of ee:amen:hi Registered Offset Psoridcr County ria . The surviving corporation/limited partnership is a aanquelifed foreign busirtee lnoopm&t oorporaer allimited partnership igoorpoeitedfforraed eider the laws of and the address of ifs principal office under the Laws of such doariciiiuy}uth+dictian is: Number and Street City State Zip 111111 11111 1111111 1111 111 If111118111111111111{II Iltl 666845 01/12/2005 12:54P 81655 P180 M ALSDORF 3 of 7 R 36.00 D 0.00 GRRFI:ELD COUNTY CO DSCB:15. t 4261592618547.2 3. Theca= and the addctsa of the registered office in this Comsdsonwtnidt or name of its correnereial registered office provider and the county of Mane of cub other domestic businesslnerve t corparatiflotimiied partnership and qualified fosfgn business/nonprofit corpacatkaaanited pntaersbip which 1s a party to the plan of merger areas Mews: Name Registered OfficeAddress Commercial Registered Office Provides County Chevron 2730 Gates/AL," Oaks Drive Corjsoration Service _Sacramen:o Shale Oil. Suite 100 Company Company Sacramento, CA 95833 4. Chock mrd lfap pvapriate complete, one ofthe jJllowIng: _The plan of merger sbsil be effective upon filing these ArticiesOrtificate of Merger in the Department of State. X "lire owl ofrouse'shall be efrogive or May 1, 2002 it 1!: 30 A.kt. , EST Date Hour 5. The manner in which the plan of verger was adopted by each domestic corparatson/limited psrtneahip is as follows: Name Chevron U.S.A. Inc. t, balmx ofhdoption Adopted by action of the shareholders pursuant to 15 Pe C.S. 51905 6. Strike nut this paragraph f% Preign corporation/limitedpartnerehlp is a parry to the wager. The plan was authorized. adopted or approved, as Hee ease may bo by the foreign businesshtonprofrt caperatiottllimited partnership (or tach of the Soreign business/nonprofit corporations/limited partnerships) party to the plan in acootdsnoe with the laws of the judsddicticat In which it is inootporatedlorganized. 7. Chen and (Appropriate caomplete, oneofll efollowl ,•: X The ptan of merger is set forth in full in obit A attached hereto and made a part hereof. Pursuant to 15 fa.C.S. 519014 8547(b) (relating to omission ofeertaie provisions fir= filed plans) the provisions, nay. of the pass of merger that emend or constitute the operative provision of the Articles of locorporatias(Cettiisoato of Limited Partrrersbip of the surviving oorpotationAlmited partnership as in effect subsequent to tha affective date of tete plan are net forth in foil in Exhrbtt A attached hereto and made a party hereof. The full test cite plus ofmctger is on file at the pdnctipsl place of business of the surviving oorporatfoyiPlirgited partnership, the sddr+sss of which is. Number and street City State Zip Camay • HBO 111111 1111113111111 111111111111 11111 111111i 666845.01/11/2005 12;54P 81555 P181 11 ALSDORF 4 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO DSCB: Is -191415926J8547-3 IN TESTLMONY WHEREOF. the eadecaigaed cosparadod4mikd partnership has caused those Aniries/Ccxte of Merger to bo signed by a duly authorized officer thereof this +5 dayof , Chevron U.S.A. Inc. — /J NameofCo f' Sipatura A46151 -ASST C/Z674-4kie Title Chevron Shale Oil Company amc of C Parmerhip Signutuic Oxe‘tsva or -uz rk}t. _ Mk • 1111111 ILI)1111111111111111111111111111111111111111111 666845 01/11/2005 12:54P 81655 P182 tl ALSOORP 5 of 7 R 36.00 D 0.00 GRRPIELD COUNTY CO EXHIBIT A AGREEMENT AND PLAN OF MERGER This AGREEMENT AND PLAN OF MERGER (this "Agreement"), dated as of April 29, 2002, by and among Chevron U.S.A. Inc., a Pennsylvania corporation (CUSA"), and Chevron Shale Oil Company, a California corporation ("CSOC"). WITNESSETH: SEAS, CUSA is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania; and WHEREAS, CSOC is a corporation duly organized and existing under the laws of the State of California; and WHEREAS, the Board of Directors of each of CUSA and CSOC deems it desirable, upon the tangs and subject to the conditions stated herein, that CSOC be merged with and into CUSA, and that CUSA be the surviving corporation (the "Merges"); NOW, THEREFORE, itis agreed as follows: '�r $ECTION 11{� Merxer,,Effects 1.1 At tte Effe ctivvc Time (ass h er defined), CSOC shalt be merged with and into CUSA, with CUSA as the sole surviving corporation (the "Surviving Corporation"). 1.2 At the Effective (a) Each thea -outstanding share of capital stock of CUSA shall, by virtue of the Mager and without any action on the put of the bolder thereof, remain unchanged and continue to remain outstanding as one share ofcapital stock of the Surviving Corporation. (b) Each then -outstanding share ofcapital stock of CSOC shall, by virtue of the Merger and without any anon on the part of the holder theeot be canceled and no consideration shall bo issued in respect thereof. SECTION 2 Effective Time 2.1 If this Agreement Is duly adopted by the stockholders of each of CUSA and CSOC and is not terminated in accordance with Section 5 hereof, a certificate of m erger U:liass2v1 - 1 - 111111 111111111111CM1111 11111111111111111111 11111111 666845 01/11/2005 12:54P 81655 P183 M A..SDORF 6 of 7 R 36.06 0 8.00 GARFIELD COUNTY CO reflecting this Agreement (the "Certificate of Merges") shall be filed with the Secretary of State ofthe State of California and articles of merger reflecting this Agreement (the "Articles of Merger") shall be flied with the Secretary of State of Pennsylvania. 2.2 The Merger shall become effective (the "Effective Time") at the time of the filing ofthe Articles of Merger with the Secretary of State of Pennsylvania (or such later time as. may be specified therein). SECTION 3 Certificate Inco on and Bylaws 3.1 At the Effective Time, the Amended and Restated Articles of Incorporation of CUSA, u amended through the Fictive Tame. shall be tete Amended and Restated Articles of Incorporation ofthe Surviving Corporation. 3.2 At the Effective Time, the By -Laws of CUSA, as amended through the Effective Time, shrill be the By -Laws of the Surviving Corporation. SECTION 4 Directors and9cers ' 4.1 The directors and officers of CUSA immediately prior to the Effective Time of the Merger shall be the directors and officers, respectively, of the Surviving Corporation. SECTION $ Amendment and Termination 5.1 At any time pdorto the Effective Time, notwidtstanding approval of this Agreement by the stockholders of CUSA and/or CSQC, this Agreement may be amended, to the fuhlest =tent permitted by applicable law, by an agreement in writing duly approved by each of CUSA and CSOC. 5.2 At any time prior to the Effective Time, notwithstanding approval of this Agreement by the stockholders of CUSA and CSOC, this Agreement may be terminated and abandoned by CUSA. inct3szzyi -2- 111111111111111111111111111111111111111111111111111111 666845 01/11/2065 12:54P 61655 P184 M 141.500RF 7 of 7 R 36.00 0 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, CUSA and CSOC have caused this Agreement to be executed by its duly authorized officers, as of the 29th day of April, 2002. CHEVRON U.S.A. INC. Name: raki1C. Title: Assistant Secretary CHEVRON SHALE OIL COMPANY By: 4/e,c By: 10d13324r1 Name: WA --KO— • Tit! • Vice President Name:rAa'K s'or..t . Titdc: Asistant Secretary - 3 - OFITICE OF THE SEORISMYOF STATE UNITED STATES OFAIYIERICAI s s. STATE OF COLORADO. CENTER rE. TSpran ZitaftrOIT, the annexed is a true copy of Amended Certificate of Authority of PACIFIC OIL COMPANY (a CA1ifornia corporation) Changing Corporate Name to. CHEVRON SHALE OIL COMPANY filed in this office on the Nonty-Ninth day of December A.D. 1969 NTESTEMONYWOREOF fieArisdeaeemb 01 Vie a/71 e 04,4,5244 ad& zose ov id, ea ilfteenth agr:0 1970.. 1 -- .:'- 0:1'AC. ir";;•11' . ,iiilli7 '.4.:*re'it,M'• \ .til:F 0 .t• ...................... : ..... `.., : - ' T.4„.•,_.14-:',,"-••:'-....i'*:.c. ; :i1-0.Vtr.,/ 11•- •::‘`N% 44;)./.4 .."-:-.43'''',1A'3.'77;r g?, --•(.4g.--'4 : : ..f 6 -...f1;e:?(A'q.,-...1.,,;-:4•Ac.,%,..,o7.4. FI' !..'';,•74. q.:1";:r` •.,—',',..,• le',, . ,„, , II • A). :, ii• kl•I,:- . .....,j v. t•P .4 i ,.... • .".'” . „ .. ''' ....:VP. s. • el, •:4-4s: ,./1::''''%'rl ••74rif2,17*.•17-.X.::--,-... • tNos 0 I". ri (.1.•;0" ..... ...... . 4.%,Z stcReTARY0Feurds.. Filed for record-on,January.19,.197.0....0.119.:.24.olo1o4 DE r. Recorded at 10:24 A.M. June 22, 1966 Reception No. 23512$ Chas.S.Keegan,Recorder. (G93' . Book 977 SPECIAL WARRANTY DEED Page 111 THIS DEED, Made this tr ` day of 1966, between UNION OIL COMPANY OF CALIFORNIA, a corporation duly organized and existing under and by virtue of the laws of the State of California, Party of the First Part, and EATON SHALE COMPANY, a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, Party of the Second Part: WITNESSETH, That the said Party of the First Part, for and in consideration of the sum of TEN AND MORE DOLLARS to the Party of the First Part in hand paid by the Party of the Second Part, the receipt whereof is hereby confessed and ac- knowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the said Party of the Second Part, its successors and as- signs forever, the following described lots or parcels of land situated; lying and being in the County of Garfield, State of Colorado, to wit: South One Half of Federal No. 29 Placer Mining Claim, embracing the South One- half of the Northeast One-quarter (S1/2 NE -1/4) of Section Twenty nine (29), con- taining 80 acres, more or less; The North 198 feet of the Virginia No. 5 Placer Mining Claim „being the North 198 feet of the South One-half North One- half (S -1/2N-1/2) of Section Thirty three (33), containing 24 acres, more or less; The West 32 rods of Federal No. 36 Placer Mining Claim, being the West 32 rods of the Northwest One-quarter of the Northwest One-quarter of Section Thirty three (33), containing 16 acres, more or less; Consolidated No. 12 Placer Mining Claim, comprising the South One-half of the Southeast One-quarter (S-1/2SE-1/4) of Section Thirty four (34) and the South One-half of the Southwest One-quarter (S-1/2SW-1/4) of Section Thirty five (35); Book 377 Page 112 Consolidated No. 13 Placer Mining Claim, comprising the North One-half of the Southeast one-quarter (N-1/2SE-1/4) of Section Thirty four (34) and the North One-half of the Southwest One-quarter (S--1/2SW-1/4) of Section Thirty five (35); N //:swr! Bituminite No. 15 Placer Mining Claim, being the Northeast One-quarter of the Southeast One-quarter (NE-1/4SE-1/4) of Section Thirty five (35) and the North One-half of the Southwest One-quarter (N-1/2SW-1/4) of Section Thirty six (36); That part of Bituminite No. 16 Placer Mining Claim constituting the Northwest One-quarter of the Southeast One-quarter (NW -1/48E-1/4) of Section Thirty five (35); Containing 480 acres, more or less; A11 being in Township Five (5) South, Range Ninety Six (96) West of the Sixth (6th) Principal Meridian. Consolidated No. 3 Claim, comprising the South One-half of the Northwest One- quarter (S-1/2NW-1/4), the Southwest One- quarter of the Northeast One-quarter (SW-1/4NE-1/4) and Lot Two (2) of Section Seven (7); Consolidated No. 4 Claim, comprising the North One-half of the Northwest One-quarter (N-1/2NW-1/4), the Northwest One-quarter of the Northeast One-quarter (NW-1/4NE-1/4) and Lot One (1) of Section Seven (7); Consolidated No. 5 Claim, comprising the South One-half of the Southwest One-quarter (S-1/2SW-1/4), the Southwest One-quarter of the Southeast One-quarter (SW-1/4SE-1/4) and Lot Eighteen (18) of Section Six (6); Consolidated No. 6 Claim, comprising the North One-half of the Southwest One-quarter (N-1/2 SW -1/4), Northwest One-quarter of the South- east One-quarter (NW-1/4SE-1/4) and Lot Seventeen (17) of Section Six (6); Consolidated No. 7 Claim, comprising Lots Thirteen (13), Fourteen (14),, Fifteen (15) and Sixteen (16) of Section Six (6); Consolidated No. 8 Claim, comprising Lots Nine (9), Ten (10), Eleven (11) and Twelve (12) of Section Six (6); -2- Book 377 Page 113 Consolidated No. 9 Claim, comprising Lots Five (5), Six (6), Seven (7) and Eight (8) of Section Six (6); Consolidated No. 10 Claim, comprising Lots Three (3), Four (4), Five (5), Thirteen (13) and Fourteen (14) of Section Eight (8); Containing 1307.56 acres, more or less; Lot Seven (7) of Section Eight (8), con- taining 42.92 acres, more or less; Lots One (1) and Eight (8), also known as the East One-half of the Northeast One- quarter (E-1/2NE-1/4) of Section Eight (8), containing 85.49 acres, more or less; All being in Township Six (6) South, Range Ninety Six (96) West of the Sixth (6th) Principal. Meridian. All that part of Lots One (1), Five (5) and Eleven (11), and all that part of the South One-half Northwest 0ne-quarter (S-1/2NW-1/4) and the Northwest One-quarter Southwest One- quarter (NW-1/4SW-1/4) of Section Four (4), Township Six (6) South, Range Ninety Six (96) West of the Sixth (6th) Principal Meridian, Garfield County, Colorado, lying Westerly of the center of Parachute Creek, as now located, and Easterly of the Westerly line of said Section Four (4), more fully described as follows: Beginning at a point in the center of Parachute Creek, said point being on the North line of said Section Four (4), whence the P. C. Quarter Corner of the North line of said Section Four (4) bears East Five Hundred Seven and No One -Hundredths (507.00) feet; thence along the center of said creek South Seventy Degrees Fifty seven Minutes West (S. 70° 57' W.) Three Hundred Thirty and Twenty Hundredths (330.20) feet; thence South Eight Degrees Thirty six Minutes West (S. 08° 36' W,) Three Hundred Thirty two and Seventy One Hundredths (332.71) feet; thence South Twenty one Degrees Seventeen Minutes West (S. 21° 17' W.) Seven Hundred Eighteen and Ten Hundredths (718.10) feet; thence South Forty Degrees Twenty nine Minutes West (S. 40° 29' W.) Seven Hundred Fifty four and Ninety four Hundredths (754.94) feet; thence South Thirty four Degrees Twenty one Minutes East (S. 34° 21' E.) Two Hundred Ninety Two and Thirty Hundredths (292.30) feet; thence South Thirteen Degrees Fifty Nine Minutes East (S. 13° 59' E.) Three Hundred Eighty six and Seventy Hundredths (386.70) feet; thence South Three Degrees Eighteen Minutes West (S. 03° 18' W.) Three Hundred Four and Eight Hundredths Book 377 Page 114 (304.08) feet; thence South Twenty three Degrees Ten Minutes West (S. 23° 10' W.) Four Hundred Twenty three and Ten Hundredths (423.10) feet; thence South Seventy four Degrees One Minute West (S. 74° 01' W.) Five Hundred Fifty four and Twenty eight Hundredths (554.28) feet; thence South Seventeen Degrees Four Minutes West (S. 17° 04' W.) Six Hundred Sixty nine and Ten Hundredths (669.10) feet; thence South Eighteen Degrees Twenty four Minutes West (S. 18° 24' W.) Two Hundred Fifty seven and Sixty Hundredths (257.60) feet; thence South Two Degrees One Minute West (S. 02° 01'W.) Six Hundred Thirty four and Thirty Hundredths (634.30) feet; thence South Twenty seven Degrees Eight Minutes West (S. 27° 08' W.) Five Hundred Eighty One and Twenty Hundredths (581.20) feet; thence South Ten Degrees Thirty one Minutes East (S. 10° 31' E.) Three Hundred Thirty eight and Ninety Hundredths (338.90) feet; thence North Eighty five Degrees Fifty seven Minutes Thirty Seconds East (N. 85° 57' 30" E.) Two Hundred Seven and Eleven Hundredths (207.11) feet; thence South Eleven Degrees Eighteen► Minutes East (S. 11° 18' E.) Four Hundred Nine and Eighty Hundredths (409.80) feet; Thence North Eighty three Degrees Thirty eight Minutes East (N. 83° 38' E.) Two Hundred Eighty three and Sixty two Hundredths (283.62) feet; thence South Nine Degrees Fifty eight Minutes East (S. 09° 58' E.) Three Hundred Fifty six and Ten Hundredths (356.10) feet; thence South Thirty six Degrees Thirty three Minutes West (S. 36° 33' W.) Two Hundred Eighty five and Thirty. Hundredths (285.30) feet to a point on the South line of said Section Four (4); thence West Nine Hundred Fifty Eight and No One - Hundredths (958.00) feet along the South line of said Section Four (4) to the South- west corner of said Section Four (4); thence North Five Degrees Zero Minutes East (N. 05° 00'. E.) Two Thousand Eight Hundred Thirty eight and No One -Hundredths (2838.00). feet along the Westerly line of said Section Four (4). to the West Quarter Corner of said Sec- tion Four (4); thence North Three Thousand Six Hundred Eighteen and Seventy. eight Hund- redths (3618.78) feet along the Westerly line of said Section Four (4) to the North- west corner of said Section Four (4); thence East Two Thousand Three Hundred Twenty four and Forty Hundredths (2324..40). feet along the North line of said Section Four (4) to a point in the center of said creek,the point of beginning. EXCEPTING therefrom that certain portion thereof containing 4.25acres, more or less, which was particularly described fn the deed from M. E. Granlee to "District No. 7 in Book 377 Page 115 Garfield County", dated May 20, 1903, re- corded July 26, 1915 in Book 100, Page 61, of the records of the Clerk and Recorder of Garfield County, Colorado, as follows: "Starting at the north west corner of the south west quarter of Section 4, T.6 Range 96 West (This corner is located on the south side of a gulch) running down the gulch south of East 582 ft. to the creek from thence down the creek west of south 207 ft. from thence west 336 ft. from thence north 363 ft. containing about four and one quarter acres." The above described parcel of land contain- ing 156.68 acres, more or less, after said exception. All that part of the South One-half Southeast One-quarter of Section Thirty six, Township Five South, Range Ninety six West of the Sixth Principal Meridian (S -1/25E-1/4, Sec. 36, T. 5 S., R. 96 W., 6th P. M.), Garfield County, Colorado, lying Westerly of the center of Parachute Creek, as now located, and East of the North-South center line of said Section Thirty six (36), more fully described as follows: Beginning at a point in the center of Parachute Creek, said point being on the South line of said Section Thirty six (36), whence the P. C. Corner on the South line of said Section Thirty six (36), being also the North Quarter Corner of Section Four (4), Town- ship Six (6) South, Range Ninety six (96) West of the Sixth (6th) Principal Meridian, bears East Five Hundred Seven and No One -Hundredths (507.00) feet; thence West One Thousand Six Hundred Eight and Ninety six Hundredths (1608.96) feet along the South line of said Section Thirty six (36) to the South Quarter Corner of said Section Thirty six (36); thence North Nine Hundred Forty Nine and Ninety nine Hundredths (949.99) feet along the North-South center line of said Section Thirty six (36); thence East Two Thousand One Hundred Thirty three and Sixteen Hundredths (2133.16) feet to a point in the center of said creek; thence South Eight Degrees Pifty five Minutes West (S. 08° 55' W.) One Hundred Ninety and Three Hundredths (190.03) feet along the center of said creek; thence South Seventeen Degrees Eight Minutes West (S. 17° 08' W,) Four Hun- dred and No One -Hundredths (400.00) feet along the center of said creek; thence South Thirty five Degrees Fifteen Minutes West (S. 35° 15' W.) One Hundred Sixty seven and Fifty Hundredths (167.50) feet along the center of said creek; thence South Nineteen Degrees Forty four Minutes West (S. 19° 44' W.) One Hundred Ninety one and Forty Hundredths (191,40) feet along the center of said creek; thence South Seventy three Degrees Forty, four Minutes West (S. 73° 44' W,) Two Book 377 Page 116 Hundred Twenty five and No One -Hundredths (225.00) feet along the center of said creek to a point on the South line of said Section Thirty six (36), the point of beginning. The above described parcel of land contains 43.32 acres, more or less. Containing in all, 2235.97 acres, more or less. All subject to any and all restrictions, excep- tions and reservations contained in the United States patents to the above described lands, and any existing public roads, and subject to the easements granted to Public Service Co. of Colorado by the instrument recorded as Document No. 191764 in Book 288 at Page 45, and to the Board of County Commissioners of Garfield County, Colorado, by the instrument recorded as Document No. 197235 in Book 298 at Page 425, of the Records of the Clerk and Recorder of Garfield County, Colorado. Excepting therefrom and reserving to Party of the First Part all water rights of any kind or character not ap- purtenant to the lands above described, and as to those water rights which are appurtenant to said lands, only all such as are adjudicated in absolute or conditional decrees are hereby excepted and reserved, together with such ditch rights and easements as are or may be necessary for the effective use of such water rights and also together with the right to transfer such water rights to other lands and uses; but conveying hereby any and all wells and springs located on said lands and any and all unadjudicated water rights appurtenant to said lands or any part thereof, together with any and all ditch rights used in connection with the enjoyment of said wells, springs, and unadjudicated water rights. Also reserving to Party of the First Part with the same effect as if. granted, bargained, sold, conveyed and confirmed to it by Party of the Second Part, as -to all lands Book 377 Page 117 where the oil and. gas shall not have been excepted from the patent, an oil and. gas royalty in value measured by and equal to two and one half percent (2-1i2%) of the market value of all oil and gas that may be produced through conventional oil well drilling methods and saved and sold from all forma- tions below the base of the Green River Pormation of Eocene Age underlying all the said above described lands. Said royalty shall be free and clear of all costs of mining, drilling, producing and saving said oil and gas, but shall be subject to the proportionate burden of taxes levied upon the severance, production or sale of said oil and. gas. Said royalty shall be paid monthly, but shall not be based upon any such oil or. gas used for drilling or operation purposes or unavoidably lost.. This reservation is subject to the following distinct and express understanding and agreement, namely, that.it does not include oil shale or oil, gas or other minerals or derivatives secured through oil shale operations from any formation and is limited to oil or gas secured through conventional oil well drilling operations. It is•further distinctly understood and agreed that said royalty shall attach only to oil and,gas that may be actually produced from any formation below the Green River Formation of Eocene Age and that .there shall be no obligation upon the Party of the Second Part, its successors or assigns, at any time or for any reason, to drill for oil or gas at any time or in any particular place or at all, and that said royalty shall be payable and continue only if Party of the Second Part, its suc- cessors and assigns, shall in its or their sole discretion drill for oil or gas on said land by itself or through lessees through conventional oil well drilling methods and secure production from any formation below the base of the Green River Formation of Eocene Age as a result thereof. -7- • 1s Soak 377 Page 11$ Together with all rights of way and contractual rights owned by Party of the First Part relating to the loca- tion and acquisition of rights of way or easements appurtenant to any portions of the hereinabove described land. Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertain- ing, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said Party of the First Part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurte- nances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto EATON SHALE COMPANY, the said Party of the Second Part, its successors and assigns forever. And the said Party of the First Part, for itself and its successors and assigns, does covenant, grant, bargain and agree to and with the said Party of the Second Part, its successors and assigns, the above bargained premises in the quiet and peaceable possession of the said Party of the Second Part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said Party of the First Part, to WARRANT AND FOREVER DEFEND, except general taxes for the year 1966 and thereafter, subject to the inclusion of said land in the Grand River Hospital District, the Bluestone Water Conser- vancy District, the Grand Valley Fire Protection District and the Book Cliff Soil Conservation District. EXECUTED by the Party of the First Part the day and year first hereinabove written by its duly authorized officerg..w,ith�its corporate seal affixed. ti. ;��;� •• ?t �'i� UNION OIL COMPANY OF CALIFORNIA •v , • n � I 'yamr-174 f, 1 .•s• '=fits 4. ire ts;rese .sba/#,2. Secretary i' • -A- ipe President STATE OF CALIFORNIA ) Book 377 ) COUNTY OP' T_os 1`-:,cica ss • Page 119 The foregoing Special Warranty Deed was acknowledged before me this;; day of (�'J.� ,.t.c' • , 1966, by f c (7.1.,.:;:;:s 17, P;rrlccr the LitCe • President, and -:3atant E. V. Calra� , the Secretary of UNION OIL COMPANY OF CALIFORNIA, a corporation duly organized and existing under and by virtue of the laws of the State of California. Witness my hand and official seal. My Commission expires • Sa;pt. 22 196'1 (SEAL) 4t LL « 1, ...e,.ia° Oa,1-41%2- _0_ Notary Public 3ook 293 351 Sl-E(:1AL 1.1AWiAI TY DEM) THIS DEED, Made this 29th day of April, A. D. 1953, by and between ROHNRT A. DICK, of the City and County of Denver, State of Colorado, Party of the First Part, and PACIFIC DIL COMPANY, a corporation organized and existing under and by virtue of the laws of the State of California, Party of the Second Part; WITNESSETH: That the said Party of the First Part,•for and in consideration of the sum of Ten Dollars ($10.00) and otter good and valuable consideration to the said Party of the First Part in hand paid by the said Party of the Second Part, the receipt whereof is hereby confessed and acknowl- edged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the said Party of the Second Part, its successors and assigns forever, all those certain patented placer mining claims. situated, lying and being in the County of Garfield, State of Colorado, described as follows; J. B, No. 1 Placer Mining Claim, comprising Lots 1 2, 3 and 4 and• being.the northerly tier of 40 -acre. Lots of the Ni �f Section 5, Townehip. 6 South,' Range 96 West, 6th P.. M. J. B. No. 2 -Placer Claim, comprising • Lots 5 6 7 and $ and being the middle tier of 46 -acre Lot's of the Ni•. of, Sec- tion 5,Township 6 South, Range.96•;' West, th P. M. J.. B. No...3 Placer Claim, comprising.: Lots 9, 10, 11 and 12 and being the a utherly tJ.er of 40 -acre Lots of•.the.• N* of Section 5 Township 6 South, Range 96 West, 6th P. M. ,:4 J. B. No::.4 Placer Claim,. comprisi g,, the Si SEiy of Section 35 and the Si SWk. of Section'36, Township 5 Southl' Range 96 West, 6th P. M... • containing 633.16•acres,.more:or less; , • • 'Book 293 • Page 352 • together with all ditch, pipe line, reservoir and water rights used on the above described land, or any part thereof, or appurtenant thereto. TOGETHER. with all' and singular the hereditaments and appurtenances thereto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and're- mainders, rents, issues And profits thereof; and all the estate, right, title, interest, claim and demand:whatsoevir ,of the said Party of:the First Part, either in law or equity, sty in''and=;.to the above bargained premises,,with the heredita- •mint s and,' appurtenances. )! ..'i'O• HAVE AND TO HOLD the said premises above bar. ainecran'.dibcribed, with the appurtenances, unto the said :;tte• secorid•.Part, its' successors and assigns forever: l*ppya.tt :'.;thet,Firat Part,•, for. hinae.lf, hie heirs', ,. ciei.iis: 'gators:, dnee,rogvenant, grant, bargain {app with' fir;'aii ;Viir'ti of Citi: Saaa.rid Part, it's, "' s� of tbi y=a C1 �i► b �d uniuling' and• .�. $: a:'W�,':,l�ei=id`.,i�i'' the pS1114e41: : `o good1 sur ,'pa tdot,•• *64olute and Ln - i..�! _ t`l x is ; fr:: simple', • and • �▪ �x' arid!=` ;a�rfuratr i tri y. to, grant ,thi iii► e. a,nanner.and ford as afore 1. +o� �Y :y • yk 4yF � "023....-4 • t'ae s ' l4ar� `031',. :-' and- .,� ens,:tax :". aseeseraerit; arid.: +kineo,;;astiuraBoo' o 'a" e ,. r,�xoe, pt g en:er al .st i aird,. . nisirin „...,-....,.,1,..:... . gig <, nivois ioi oiviii d ' • sni ialigtiagainii l,', d . erery . ►: 3:►x g oro a3iietie' r Kale or '. '1°tt aer:'.Fiee'said Part ":a.#`' the 3+'•x'A !.y Fa.First Part, the said Party of the First Part shall and wile ]. WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said Party of the First has hereunto set him hand and seal the day.and year firlt written. ! 4 fit rsk Reception#. 774252 O11eof122Reo Fee:$16.0O6 MDocBFee:0.001GARFIELD COUNTY CO Aft Marathon MAR Oil Company August 25, 2009 Via Certified Mail — Return Receipt Requested Garfield County Attorney 108 8th Street Glenwood Springs, Colorado 81601 RE: Delegation of Authority Garfield County Board of County Commissioners: James L. Bowzer Regional Vice President North America Production Operalions P.O. pox 3128 Houston, TX 77253-3128 Telephone 7131296.3400 FAX 7131296.3599 E -Mail: J5owzer@marathonoil.com Please accept this statement of authority on behalf of Marathon Oil Company, an Ohio corporation ("Marathon"), which duly authorizes Mr. Michael J. Suek, Operations Manager, Piceance Project, and Mr. Donald W. Day, Drilling Superintendent, Piceance Project to act on behalf of, and represent Marathon in all matters related to applications for special use permits, conditional use permits, administrative permits, and land use change permits (and may execute such applications) submitted to Garfield County until such time as Marathon files of record statement that Mr. Suek and Mr. Day no longer have such authority. Marathon acknowledges that when any such permits are issued by Garfield County, the County may choose to record such permits, and that such permits may contain covenants that run with the particular lands identified in such permits. This authorization replaces previous one filed with your office for Marathon's Piceance Project, and shall be effective until further notice. Should you have any questions about the authority granted herein please do not hesitate to give Ima D. Turner, Senior Attorney for Marathon a call at (713) 296-2558. Regards, Enclosure Cc: Chris Cooper, Marathon Don Day, Marathon Lorne C. Prescott, Olsson Associates Michael Suck, Marathon CERTIFICATION I, G. A. Karathanos, Assistant Secretary of Marathon Oil Company, an Ohio corporation (the "Company"), hereby certify that the following is a true and correct copy of resolutions unanimously adopted by a written Consent of Directors dated August 9, 2007, signed by all the Directors of the Company: "RESOLVED:That the Regional Vice Presidents, Organizational Vice Presidents, Business Unit Leaders, and the Assistant Treasurer of this Company Located in Findlay, are hereby authorized: (1) To execute on behalf of the Company (a) permit applications; and (b) reports required by permits, responses to requests for information issued by any permit issuing authority and permit applications for Class II wells under the Underground Injection Control Program; all as required or permitted under the Clean Air Act, Clean Water Act, Safe Drinking Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Toxic Substances Control Act or corresponding state acts or any implementing regulations and any amendments to such acts or regulations; and (2) Where allowed by law, to delegate, in writing, the authority granted under (1)(a) or (b) above to any employee of the Company having responsibility for the overall operation of the regulated facility or activity, or any employee of the Company having responsibility for environmental programs at that regulated facility or activity; and FURTHER RESOLVED: That the resolutions of similar nature adopted on January 13, 2006 are hereby superseded•" This is to further certify that the foregoing resolutions are still in full force and effect on this 18th day of August, 2009 and that J, L, Bowzer is a Regional Vice President of the Company and that he is serving in such capacity on this date. IN WITNESS WHEREOF, I have hereunt. r ed my signa ure and the seal of the . Company this 18th day of August, 2009. 189134.DOC sistant Secretary arathon Oil Company 4 :E1111Mfeli4llirdIrli Iiiii It III 0 1- z 0 U 0 CC0 CCCC LO C ALL tJ 7U O NQ.0 r F r�t1 =▪ � 0 4) ▪ a acv v CORDILLERAN A division of Olsson Associates CADLSSON ASSOCIATES Project Description As detailed in this application, Marathon Oil Corporation (MOC) as agent for Chevron USA, Inc. (Chevron) requests from Garfield County a Limited Impact Review (LIR) and approval for a communications tower, This communication tower is intended to provide an improved facility for providing fresh water supply from MOC's fresh water pump station located in the valley adjacent to Parachute Creek. This tower will be part of a consolidated communications system that supports a radio Ethernet network necessary for the Supervisory Control and Data Acquisition (SCADA) system. As this tower is primarily needed to provide line of sight from the mesa to the Valley Pump Station (VPS), it is a smaller scale and simpler construction than previously approved land use applications for MOC communication towers on property owned by Chevron USA, Inc., Marathon Oil Company / Berry Petroleum, and OXY USA Inc. The proposed facility (Tower 7) is located approximately 8 miles NW of the Town of Parachute at an elevation of approximately 8,100 feet. Tower 7 will be accessed via Garfield County Road 215 north of the Town of Parachute and then via a series of private roads. The relatively remote nature of Marathon's operations necessitates the construction of this facility so that communications for operation of the VPS can be improved to allow for remote operation of the VPS. Currently, due to dramatic elevation changes, the radio signal to the VPS is forced to travel through the shale near the cliff face of the mesa. The rock medium weakens the signal and reduces available bandwidth. Because of this, the SCADA system is limited to data transmission only forcing the VPS to be a manual operation. The installation of this facility will improve communications allowing for remote operations and minimize the need for routine traffic to the VPS. In addition to improving daily operations via remote capability, It will also provide functionality for remote emergency shutdown (ESD) should the need arise. The location and property ownership of the facility are provided in the following table. Facility QtrQtr, Section, Twnshp, Range (6th Principal Meridian) Property Owner I Parcel Number Tower 7 Sec. 5, T6S, R96W, 611 PM CHEVRON USA, Inc. 2171-052-00-02 This property is located within the Plateau zone of the Resource/Lands zone district and is not in a platted subdivision. This property and adjacent properties are currently undergoing oil and gas development and have limited cattle grazing The nearest municipality is the Town of Parachute, approximately 8 miles southeast, and there are no permanently -occupied residences thin at least a The typical site design for Tower 7 is provided as pat of e site diagram pact a e As indicated on this figure, this location will consist of an approximately 400 square foot area that will be surrounded by a chain-link fence with a locking gate. This facility will be 22 feet in height and will be installed on a small circular concrete foundation. The specifications for the facility and foundation are provided as part of one -mile radius of this site.lik},,� the site diagram package. This facility will also be equipped with an control panel (2.5'x3.5') for enclosure of radio components. The tower radio transmitter will be powered by a solar panel array and battery system. Surface disturbance at this location will be minimal. As the tower structure only requires a small concrete foundation, most of the 400 square ft area contained in within the fence will remain undisturbed. For any area that is disturbed, an area -wide Stormwater Management Plan (SWMP), detailing the use of site-specific Best Management Practices (BMPs) associated with Marathon's construction activities will be utilized for the proposed project. Implementation of the SWMP will ensure that activities conducted at the site comply with stormwater management regulations as required by Garfield County, the State of Colorado, and the United States Environmental Protection Agency. Through this plan, disturbed soils will be reseeded to regain stability as soon as practical, and BMP's will be utilized to mitigate sediment erosion and transportation. Implementation of these plans also ensures that installation and operation of this facility will not impact surface runoff, stream flow, or groundwater. This location will be accessed via Garfield County Road 215 and then via the existing Garden Gulch Road and other private roads (Figure 1). No new or improved accesses onto a County or State roadway will be required or are being proposed. Construction at this site will begin upon approval of this application and is expected to take approximately 1 to 2 days to complete. The communication facility will generally be unmanned; however, it will be accessible to Marathon or subcontractor personnel at any time for maintenance or repairs. Because of the limited scope and functionality of the proposed facility, there is no requirement for potable water or human waste collection/disposal onsite. Construction of the communication facility will result in a minor temporary traffic increase of an estimated 1 to 2 trips per day made by light-duty vehicles, as well as hauling of materials and concrete to the locations during the 1 week construction period. Once construction has been completed, traffic to this location by light-duty vehicles will be minimal and only required for maintenance or repair. This facility will be operated for the life of the gas wells in the area which is estimated to be 30 years or more. Because construction of the facility will involve very minimal surface disturbance, extensive site reclamation will not be required. When the facility is no longer needed to support operation of the wells in the area, this site will be reclaimed by removing all surface equipment and structures, grading to restore original contours, replacing any topsoil that may have been removed, and revegetating the reclaimed area with a seed mix proscribed for this location. If deemed necessary by the County Commissioners, Marathon Oil Company will provide financial assurance for the purpose of ensuring the proper reclamation and closure of the facility. Potential impacts to wildlife from this facility are not expected. The remote location of this facility and the type of operations that will occur should eliminate many of the other impacts required to be addressed in this application. No smoke, vibration, heat, radiation or fumes will be produced as a result of the operation of this facility. The topography surrounding the facility acts as a visual barrier in most directions, and the facility will not be visible from any public roads. This proposed facility is exempt from registration with the FAA and FCC; therefore, no lighting will be required on the tower. The facility will not generate any noise. Adjacent property will not be affected and a public nuisance or hazard will not be created. The installation and operation of this facility will ultimately result in reduced vehicle traffic on Garfield County Road 215 and the private roads accessing the locations. The Supervisory Control and Data Acquisition (SCADA) system that will be augmented by this facility will enable Marathon personnel to remotely monitor and operate the VPS which will minimize the need for personnel to travel to this asset on a routine basis. In addition, this facility will support a personnel communication system that will allow personnel working at the VPS to be able to communicate with other personnel. This communication system will minimize the need for personnel to drive to a location where cellular phone service may not be available or for face-to-face conversations with other personnel. This system will enable personnel to relay information regarding hazards that may be present due to road conditions, etc. and will greatly enhance Marathon's ability to respond to any emergencies that may occur. The result will be that the safety of Marathon's operations will be significantly enhanced. The proposed facility is part of an area wide communication plan. Marathon has permitted and constructed three towers to date on the mesa. Tower 1 provides communication to the Marathon office in the town of Parachute via line of sight radio signal. Towers 4 and 6, provide a communication network to numerous Marathon locations on top of the mesa, Marathon has assessed options to achieve improved communication to the VPS location and has identified the proposed facility, Tower 7, as the most viable option. As other operators in the immediate area do not have communications systems in place that could complement Marathon's infrastructure, co -location of this tower or necessary equipment is not possible. Marathon is open to future co -location with others at this site if possible. A 7757, /MVO 2135 T.59. — R.88‘. it en a 1 SAW�} is CCD ma &4Va. J a 1 0 IIIII ILLI CED NW II 9•.130 B.Lhf. 1 0 to J I V 6 en. m1 RI K 1 { 0 a! a. r P. - a aur. arx ¢ m27ter, lif a eat. me as BLL an-o44oa ae7 0 55 61. ELUL 2,71-132-113-CCI2,71-132-113-CCIDMa 11141-032 ". 311616111/ Adieirdai 8169 R. 97 W. R. 90 T. ..11..x....... Olv. A 7757, /MVO 2135 T.59. — R.88‘. Article IV 4-502 D Land Suitability Analysis Marathon Oil Company Limited Impact Review Communication Tower 7 *,OLSSON ASSOCIATES OA Project No. 009-1942 October 2009 826 21 % Road I Grand Junction, .CO -81505 1870.26 : ! 0 Fax 970.263.7456 Article IV, 4-502 D.1. Public Access OLSSON ASSOCIATES Access to the subject property is from County Road 215 and a series of private roadways including Garden Gulch Road. There are no historic access points to public lands within the property boundaries. Article IV, 4-502 D.2. Access to Adjoining Roadways Access to the subject property is from County Road 215. County Road 215 intersects with Garden Gulch Road approximately 1.75 miles south of the proposed communications tower. The proposed communication tower will not adversely impact adjoining roadways. Article IV, 4-502 D.3. Easements All easements within the vicinity of the project area are shown as required on the site plan. The proposed communication tower will not impact existing easements found on the subject property. Article IV, 4-502 D.4. Topography and Slope As demonstrated on the site plan drawings, the communications tower is located on a relatively flat portion of the subject property. Areas of steep slope can be found to the east of the project location. The proposed tower must be located in close proximity to the slopes above Parachute Creek in order to accommodate the line -of -sight requirements for transmission and reception from the structure. These slopes will not adversely impact the project site. If needed, mitigation measures will be utilized during any construction activity to address potential geologic hazards, Article IV, 4-502 D.S. Natural Features The project area is located within a relatively flat portion of the subject property. The only significant natural features located in close proximity to the project area are the slopes above Parachute Creek. Parachute Creek is situated approximately 1 mile to the east of the project area. BMP's will be utilized during construction activity to prevent potential impacts from run-off activity. Article IV, 4-502 D.6. Drainage Due to the limited footprint associated with this facility (400 square feet), no drainage features will be impacted by the construction or operation of the tower. Disturbance associated with the tower construction will be addressed by the area wide storm water management plan. 1 Article IV, 4-502 D.7. Water The proposed facility will not make use of any water. Article IV, 4-502 D.8. Floodplain The project site is not within a floodplain. Article IV, 4-502 D.9. Soils A copy of a Custom Soil Resource Report for the office facility has been provided for Planning Staff review (supplemental material tab). The location for the proposed communications tower facility is underlain The location for the proposed communications tower is underlain by the Parachute Creek Member of the Green River Formation. This part of the Green River Formation consists of oil shale, marlstone and siltstone. The rocks of the Green River Formation are the parent material for the soils that occur at this location. This location is underlain by soils of the Parachute loam with 25 to 65 percent slopes. This soil unit is a very well drained soil that is typically up to 40 inches thick. A copy of the Geologic and Soils Hazard Report is included under the supplemental material tab. Article IV, 4-502 D.10. Hazards The Natural Resources Conservation Service (NRCS) soils report for this area provides information regarding the suitability or limitations of these soils for the proposed use, principally the construction of a small cement pad to support the communications tower. The Parachute Loam poses a low risk of corrosion of concrete, therefore, the soils are suitable to the proposed construction. The soils at the location should not pose any other limitations to the construction of the small tower and placement of the associated support equipment. The proposed communications tower is situated on relatively flat ground near the edge of the steep cliffs formed by the lower part of the Green River Formation. Although this location is located near the center of the Piceance Basin, an asymmetrical structural basin that covers a large portion of northwest Colorado, the surficiai geologic units in this vicinity are relatively flat lying. No geologic hazards have been mapped by Garfield County in this area and no faults or other hazards are evident on the Geologic Map of Colorado. The nearest identified faults are those that occur along the eastern edge of the basin in the Grand Hogback approximately 10 miles to the east of the location. The only geologic hazard that exists in the immediate vicinity of the proposed facility would be rockfall associated with the cliffs to the east. However, the fact that the facility occurs above these cliffs and the limited scope and size of this facility should negate any potential hazard. 2 Article IV, 4-502 D.11. Natural Habitat The tower will be constructed at the end of an existing two -track roadway, no additional disturbance will be required to access the site for construction or operation. Given the limited construction activity and small footprint of the proposed facility, there will be no impacts to natural habitat as a result of construction and operation of the tower other than the displacement of a small amount of scrub growth. See the Biological Assessment for additional details. Article IV, 4-502 D.12. Resource Areas Given the limited construction activity and small footprint of the proposed facility, no protected or registered archaeological, cultural, paleontological or historic resources will be impacted. See the Cultural Resources Report for additional details. 3 Article IV 4-502 E Impact Analysis Marathon Oil Company Limited Impact Review Communication Tower 7 OLSSON ASSOCIATES OA Project No. 009-1942 October 2009 826 21 'l2 Road 1 Grand Junction, CO 81505 1 970.263.7800 1 Fax 970.263.7456 OLSSON ASSOCIATES Article IV, 4-502 E.1. Adjacent Property A copy of the appropriate portion of the Garfield County Assessor's Map is provided under a separate tab. Gar -field County Assessor's GIS data was used to create an adjacent parcels map identifying parcels located within 200' of the subject parcel boundary. This map is included as figure 1. Parcel No. 217118200008 Chevron USA INC CIO Chevron Texaco Property Tax PO BOX 285 Houston, TX 77001 Parcel No. 217105200002 Chevron USA INC C/0 Chevron Texaco Property Tax PO BOX 285 Houston, TX 77001 Parcel No. 217104300015 Chevron USA INC CIO Chevron Texaco Property Tax PO BOX 285 Houston, TX 77001 Parcel No. 217104100021 Chevron USA INC CIO Chevron Texaco Property Tax PO BOX 285 Houston, TX 77001 Mineral Ownership Chevron USA INC C/0 Chevron Texaco Property Tax PO BOX 285 Houston, TX 77001 1 Article IV, 4-502 E.2. Adjacent Uses Adjacent uses primarily consist of oil and gas and agricultural activities. These uses will not be adversely impacted by construction and operation of a communications tower on the subject property. Article IV, 4-502 E.3. Site Features The proposed communications tower is located on the valley floor approximately 1 mile east of Parachute Creek. The project site is relatively flat. The topography slopes to the east of the project area toward Parachute Creek. Article IV, 4-502 E.4. Soil Characteristics A copy of a Custom Soil Resource Report for the project site has been provided under the supplemental material tab for Planning Staff review. The location for the proposed communications tower is underlain by the Parachute Creek Member of the Green River Formation. This part of the Green River Formation consists of oil shale, marlstone and siltstone. The rocks of the Green River Formation are the parent material for the soils that occur at this location. Figure 2 in the Geological Hazards report provides a soils map for the location of the proposed facility. This location is underlain by soils of the Parachute Loam, 25 to 65% slopes (soil unit 52 on Figure 2). This soil unit is a well drained soil that is typically between 20 and 40 inches thick. The Natural Resources Conservation Service (NRCS) soils report for this area provides information regarding the suitability or limitations of these soils for the proposed use — construction of a small communications tower. The NRCS also identifies these soils as having very limited capability for landscaping due to high gravel content and the droughty nature of this area. This limitation will not be a factor since no landscaping is necessary for this facility. Article IV, 4-502 E.5. Geology and Hazard The Natural Resources Conservation Service (NRCS) soils report for this area provides information regarding the suitability or limitations of these soils for the proposed use, principally the construction of a small cement pad to support the communications tower. The Parachute Loam poses a low risk of corrosion of concrete, therefore, the soils are suitable to the proposed construction. The soils at the location should not pose any other limitations to the construction of the small tower and placement of the associated support equipment. The proposed communications tower is situated on relatively flat ground near the edge of the steep cliffs formed by the lower part of the Green River Formation. Although this location is located near the center of the Piceance Basin, an asymmetrical structural basin that covers a large portion of northwest Colorado, the surficial geologic units in this vicinity are relatively flat lying. No geologic hazards have been mapped by Garfield County in this area and no faults or other hazards are evident on the Geologic Map of Colorado. The nearest identified faults are those that occur along the eastern edge of the basin in the Grand Hogback approximately 10 miles to the east of the location. The only geologic hazard that exists in the immediate vicinity of the proposed facility would be rockfall associated with the cliffs to the east. However, the fact that the facility occurs above these cliffs and the limited scope and size of this facility should negate any potential hazard. 2 Article IV, 4-502 E.6. Effects on Exiting Water Supply and Adequacy of Supply Construction and operation of the communications tower will not require access to water supplies in the area. As a result, the proposed communications tower will not adversely impact existing water supplies in the area. Article IV, 4-502 E.7. Effects on Groundwater and Aquifer Recharge Areas The proposed communications tower will require minimal surface disturbance and will not adversely impact groundwater supplies or aquifer recharge areas. Article IV, 4-502 E.8. Environmental Effects The communications tower will be constructed at the end of an existing two -track roadway, no additional disturbance will be required to access the site for construction or operation. Given the limited construction activity and small footprint of the proposed facility, there will be no impacts to natural habitat as a result of construction and operation of the tower other than the displacement of a small amount of scrub growth. No impacts to federally listed or locally significant plant or animals are anticipated. A Sage Grouse lek has been documented approximately 1.5 miles from the proposed communication tower facility. It should be noted that within the last several years, construction disturbances have occurred within 0.4 miles of the House Log lek and within 0.1 miles of the Bear Run lek. In this area, the main Garden Gulch all- weather access road has also been constructed in the past several years, which adds additional traffic disturbance factors in the project area. Based on CDOW recommendations, construction activities should be avoided within 0.6 mile of the Garden Gulch lek during the March 1 -May 31 mating period. The proposed location for the tower is outside of the 0.6 mile radius. Given the limited construction activity and small footprint of the proposed facility, no protected or registered archaeological, cultural, paleontological or historic resources will be impacted. Article IV, 4-502 E. 8. a. - Determination of the long term and short term effect on flora and fauna. The impacts to flora and fauna from this facility will be limited to a 400 square foot area. There will be no impacts to natural habitat as a result of construction and operation of the tower other than the displacement of a small amount of scrub growth. Article IV, 4-502 E. 8. b. - Determination of the effect on significant archaeological, cultural, paleontological, historic resources. Given the limited construction activity and small footprint of the proposed facility, no protected or registered archaeological, cultural, paleontological or historic resources will be impacted. Article IV, 4-502 E. 8. c. - Determination of the effect on designated environmental resources,, including critical wildlife habitat. Because the proposed project site is within proximity of a documented Sage Grouse lek, Marathon will complete any construction of the proposed Tower 7 facility outside the periods 3 identified for mating and nesting (March 1 —July 15). The impacts to flora and fauna from this facility will be limited to a 400 square foot area. Article 1V, 4-502 E. 8. d. - Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Due to the limited size and scope of the proposed project, the disturbance associated with the construction and operation of the communication tower is not expected to impact wildlife or domestic animals. Disturbance to native vegetation will be confined to the proposed 400 square foot area required for the tower. As previously noted, Marathon will complete any construction of the proposed Tower 7 facility outside the periods identified for mating and nesting (March 1 — July 15). Article IV, 4-502 E. 8. e. - Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. There are no potential radiation hazards associated with this facility. Article IV 4-502 E. 8. e. - Spill Prevention Control and Counter Measures plan, if applicable. No materials will be utilized during the operation of this facility that require coverage under a Spill Prevention Control and Counter Measures plan. Article IV, 4-502 E. 9. Traffic Construction of the communication facility will result in a minor temporary traffic increase of an estimated 1 to 2 trips per day made by light-duty vehicles, as well as hauling of materials and concrete to the locations during the 1 to 2 day construction period. It is estimated that 1 truck trip will be required to haul materials to this proposed location and approximately 1 trip will be required to haul the necessary concrete for construction. Once construction has been completed, traffic to this location by light-duty vehicles will be minimal and only required for maintenance or repair. The installation of this facility will minimize the need for routine traffic to producing wells to monitor production and provide communications with personnel in the field thereby significantly reducing traffic and increasing the safety of Marathon's operations. Due to the limited impacts of traffic generated by the proposed use, improvements to the County Road 215 or Garden Gulch Road are not required. The proposed use will not increase traffic by 20% on any County, State or Federal roadway or intersection. Article IV, 4-502 E.10. Nuisance Adjacent lands will not be impacted by the generation of vapor, dust, smoke, noise, glare or vibration. This use will comply with Colorado Revised State Statute regarding noise at all times. 4 Article IV, 4-502 E.11. Reclamation Plan Reclamation Plan Marathon estimates that the proposed office facility will be in operation for an anticipated period of approximately thirty (30) years during development and production of Marathon's Garfield County operations. Upon termination of the development and production activities, the communication tower location will be reclaimed, as outlined below: • All equipment and structures will be removed. • Marathon will remove all safety and storm water BMPs, and other surface objects from the premises. • Marathon will restore the site to pre -facility conditions by re -contouring and re -vegetating the site. Top soil will be redistributed across the site and will be reseeded with an approved seed mix (see attached seed mix recommendation). • Marathon will monitor the site to ensure that 70 percent of the pre-existing vegetation is achieved. Seedbed Preparation and Slope Reconstruction: Cut and fill slopes will be backfilled and re-contoured to a slope of 3:1 — 2.5:1 or less in instances where necessary to match the existing natural contours. Following final contouring, all backfilled or ripped surfaces will be covered evenly with topsoil. Re -contouring should form a complex slope with heavy pocking. In areas with slope greater than 3 percent, imprinting of the seed bed is recommended. Final seedbed prep will consist of scarifying/imprinting the topsoil prior to seeding. Imprinting can be in the form of dozer tracks or furrows perpendicular to the direction of slope. When hydro -seeding or mulching, imprinting should be done prior to seeding, unless the mulch is to be crimped into the soil surface. If broadcast seeding and harrowing, imprinting will be done as part of the harrowing. Furrowing can be done by several methods, the most simple of which is to drill seed perpendicular to the direction of slope in a prepared bed. Other simple imprinting methods include deep hand raking and harrowing, always perpendicular to the direction of slope. All compacted areas will be ripped to depth of 18" with max furrow spacing of 2'. Where practicable, ripping will be conducted in two passes at perpendicular direction. Topsoil: Following final contouring, all backfilled or ripped surfaces will be covered evenly with topsoil. The topsoil in the cut slope on the back of the pad will be heavily pocked using the excavator bucket to form an uneven soil surface complex which will aid in revegetation and help with slope stabilization. The fill slope, and remaining disturbed, and reclaimed areas will be track walked to aid in revegetation and slope stabilization. In areas that may not have been disturbed during the reclamation process or areas of suspected compaction that will be reseeded, measures will be taken to loosen and spread the topsoil. These measures may include scarifying the soil by racking or harrowing the soil. Seed Mix: Seed mix used for reclamation will be taken from the approved seed mixtures identified below: 5 Lon -Elevation Salt -Desert Scrub/Basin Big Sagebrush Common Name Scientific Name Form PLS lbslaere* Fouiwing Saltbush Atrlplex canescens Shrub 1.9 Shadscale rirripler conferhfolia Slutib 1.5 Galleta Pleuraphis (KrlarfaJ janresit Bunch 2.5 Alkali Sacaton Sporobolus airoides Bunch 0.2 StreambankWheatgra.ss Elyvnus lanceolatus ssp. psamurophilus, Agropyron ripnrirrrrr Sod -forming 2.5 Slender \Vheatgrass Ely nus trachycarrlrrs, Agropyron trach canlum Bunch 1.8 Sandberg Bluegrass Poa sandbergii (Poa secunda) Bunch 0.3 *Based on 45 pure live seeds (PLS) per square foot, drill -seeded. Double this rate (90 PLS per square foot) if broadcast or hydroseeded. Spruce -Fir Forest, Including Mountain Meadows Common Name Scientific Names Form PLS Ibslaere* Mountain Bronze Bromopsis (BromusJ rnarginatus Bunch 5.8 Slender \Vheatgrass grams trnchyranlns, Agropyron trachycaulurn Bunch 3.3 Letterman NeedIegrass Achnatheruin [Stipa] lettermanii Bunch 3.5 Blue Wildlye Ely;nus glances Bunch 4.8 Tluckspil a �itlieatgrnss Elvnuts lanceolatus ssp. lanceolatus, Agropyron dasystachyum Sod-foltliillg 3.4 Idaho Fescue Festuca idahoensis Bunch 1.2 Wheeler Bluegrass Poa nervosa Sod-fonning 0.6 *Based on 60 pure lire seeds (PLS) per square foot, drill -seeded. Double this rate (120 PLS per square foot) if broadcast or hydroseeded Pinyon -Juniper Woodland, .Mountain/Wyoming Big Sagebrush Shrublaud Common Name Scientific Name Form PLS lbslacre* Indian Ricegrass Achnathennnn (Ory,opsisj hyrnenoides Bunch 1.9 Galleta Pleuraphis [HilarfaJ jamesii Bunch 2.5 Bluebunch «rheatgrass Pseudoroegneria spectra, Agropyron spicatum Bunch 2.8 SlenderWheatgrass Elyrnus trachrcaulus, Agropyron trachycauhnn Bunch 3.3 Muttougrass Poa fendlet ulna Bunch 0.6 Sandberg Bluegrass Poa sandbergii, Poa secunda Bunch 0.6 *Based on 60 pure live seeds (PLS) per square foot, drill -seeded. Double this rale (120 PLS per square foot) if broadcast or hydroseeded. 6 Mixed Mountain Shrubland, Including Oakbrush Common Name Scientific Names Form PLS lbs/acre" Iluckspike Wheatgrass lanceolatus ssp. lanceolatus,Agropyrorr dasystachyum Sod -forming 3.4 Bluebunch Wheatgrass Pseudoraegnerza spicata, Agropvron spicatunr Bunch 3.7 Bottlebnish Squirreling Eiyinus elvmoides, Sitanion hvstrix Bunch 2.7 Slender \\rlieatgrass Ely nus trachycaulus, rtgropyron trachyoaulum Bunch 3.3 Canby Bluegrass Pon canbyi, P. secunda Bausch 0.6 Mutton Bluegrass Pon fendleriana Bunch 0.6 Letterman Needlegrass Achnatherunr [Stipa] lettennanii Bunch 1.7 Columbia Needlegrass Achnatheruur [Stipa] nelsonii, Stipa colrmtbiana Bunch 1.7 Indian Ricegrass Aclnratherrnn [Oi :opsis] hyinenoides Bunch 1.9 Junegrass Koeleria macron tha, K cristata Bunch 0.1 *Based on 60 pure live seeds (PLS) per square foot. drill -seeded. Double this rate (120 PLS per square foot) if broadcast or hydroseeded. Seeding Procedures: For best results and success, the recommended grass mixture reseeding should be done in late autumn in order to take advantage of natural precipitation for the region. The reseeding rate should be doubled for broadcast application. Preferred seeding method is multiple seed bin rangeland drill with no soil preparation other than simple grading to slope and imprinting and waterbars, where applicable. Alternative seeding methods include, but are not limited to: • harrow with just enough soil moisture to create a rough surface, broadcast seed and reharrow, preferably at a 90 degree angle to the first harrow; • hydro -seeding (most economical in terms of seed cost); and • hand raking and broadcast followed by re -raking at a 90 degree angle to the first raking. • These are not the only means of replanting the site. However, these methods have been observed to be effective in similar landscapes. The prepared soils will be seeded (weather permitting) no more than 24 hours following completion of final seedbed preparation. The seeding will be conducted by means of drilling the prescribed seed at prescribed seeding rate. The seed will be drilled with a common range drill at a depth of 0.25 — 0.5" beneath the soil surface. The seed will be drilled horizontally across the pad faces and perpendicular to the track walking when possible. When slope gradient less than 2,5:1 exists and drilling is not possible from a mechanical and safety standpoint the soils will be broadcast seeded at twice the prescribed amount. The reseeding will be monitored and reseeded as appropriate until the reclamation standards detailed above are met. Mulch: With 24 hours of reseeding (weather permitting) hydromulch will be applied to all reclaimed and reseeded surfaces. Areas where the erosion potential is such that biodegradable blankets will be used will not be hydrornulched. 7 Article VII Standards Article NII Standards Marathon oil Company Limited Impact Review Communication Tower 7 04'ILOLSSON ASSOCIATES OA Project No. 009-1942 October 2009 826 21 1/2 Road Grand Junction, CO 81506 1 970.26-37072 Fax Article VII Standards OLSSON ASSOCIATES Division I General Approval Standards for Land Use Change Permits: Article VII, § 7-101 Compliance with Zone District Use Restrictions: The use of Communications Facility is contemplated as Limited Impact Review within the Resource Land: Plateau zone district. Article VII, § 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements: The subject property is situated in Study Area 5 of the Garfield County Comprehensive Plan. The proposed use generally conforms to the comprehensive plan. The proposed use is not within an area governed by an intergovernmental agreement. Article VII, § 7-103 Compatibility: Marathon Oil Company (Marathon) proposed communications facility (facility) is compatible with agricultural and industry uses on the subject parcel and adjacent properties. (See Impact Analysis 4-502 E.2.) Article VII, § 7-104 Sufficient Legal and Physical Source of Water: The proposed project will not require a source of water during the operation or construction of the facility. Therefore, no demand will be placed on local water resources. (See Land Suitability Analysis 4-502.D.7 — Impact Analysis 4-502.E.6 and 7.) Article VII, § 7-105 Adequate Water Supply: The proposed project will not require a source of water during the operation or construction of the facility. Therefore, no demand will be placed on local water resources. (See Land Suitability Analysis 4-502.D.7 — Impact Analysis 4-502.E.6) Article VII, § 7-106 Adequate Central Water Distribution and Wastewater: Facilities requiring potable water distribution and wastewater management are not proposed as part of this application. Article VII, § 7-107 Adequate Public Utilities Supply: Electricity will be generated on-site by a solar array and batteries. Article VII, § 7-108 Access and Roadways: No new roads are proposed to accommodate this facility. This facility will be accessed from an internal private road. Access to the subject property is from County 215 and Garden gulch Road. Adequacy of the existing roadway is detailed in the Basic Traffic Analysis included under the supplemental material tab. (Land Suitability Analysis 4-502.D.1. and 2. Impact Analysis 4-502.E.9) Article VII Standards Article VII, § 7-109 No Significant Risk from Natural Hazards: The proposed facility is situated on a plateau at an elevation of approximately 8,100 feet to the west of Parachute Creek. Ground cover consists primarily of dry grasses and sagebrush, with some pinon. No geologic hazards have been mapped by Garfield County in this area and no faults or other hazards are evident on the Geologic Map of Colorado. (Land Suitability Analysis Hazards 4- 502.D.10. Impact Analysis 4-502.E.5.) Division II General Resource Protection Standards for Land Use Change Permits: Article VII, § 7-201 Protection of Agricultural Lands: A. No Adverse Affect to Agricultural Operations - The proposed facility will not adversely impact agricultural operations that are conducted on the subject property or adjacent lands. B. Domestic Animal Controls -- The applicant will comply with this standard. C. Fences — The facility will not generate a potential hazard to domestic livestock or wildlife. No open storage of hazardous material or attractions will be conducted on-site. Fencing the proposed facility will not reduce impacts to agricultural operations within the area and protect the tower from possible livestock damage. D. Roads -- An existing access point will be utilized, additional roads will not be required. E. Irrigation Ditches -- Irrigation ditches on and adjacent to the subject property will not be impacted by the facility. Article VII, § 7-202 Protection of Wildlife Habitat Areas: Potential impacts to natural habitat are discussed in detail within the Wildlife and Sensitive Areas Report prepared by WestWater Engineering (WWE). WWE gathered information of critical habitats for federally -listed threatened, endangered, and candidate fish and wildlife species from the Federal Register, U.S. Department of the Interior, U.S. Fish and Wildlife Service. In addition to data collected during the field survey, wildlife habitat maps from Colorado division of Wildlife (CDOW) and Natural Diversity Information Source referencing mule deer, elk, black bear, mountain lion and state - listed threatened, endangered and species of special concern were utilized and incorporated into the report. As outlined in this report. No federally listed threatened, endangered or candidate wildlife species are known to occupy the project area. WWE biologists identified one (1) species included as a state -listed threatened, endangered or special concern species that could potentially occur within or be affected by the proposed project. The proposed project area is located within 1.5 miles of an identified habitat for Greater Sage -Grouse. Article VII Standards There were no Birds of Conservation Concern observed during the site -survey conducted by WWE biologists. There are no known Bald Eagle nest sites within the project area. The Greater Sage -Grouse is identified by the Bureau of Land Management and CDOW as a species of Special Concern. The proposed project area is located within 1.5 miles of an identified habitat for Greater Sage -Grouse. The project area is situated within the mule deer and American elk overall and winter range. The proposed project area is extremely small in size and will not impact the movement or migration within the identified ranges. The project area is not mapped by the CDOW as a potential black bear or mountain lion conflict area. Due the size of the proposed facility and existing activity in close proximity to the project area, impacts to natural habitat are anticipated to be minimal. Marathon will complete any construction of the proposed Tower 7 facility outside the periods identified for Sage Grouse mating and nesting (March 1 —July 15). (Impact Analysis 4-502.D.11. - Land Use Suitability Analysis, 4-502.E.8.) Article VII, § 7-203 Protection of Wetlands and Water bodies: Because of the extremely limited area of disturbance and the distance from any wetland or water body, construction of the proposed project will not impact wetlands or adversely affect water quality in the nearby waterways. Best Management Practices (BMP's) will be utilized to ensure the continued protection of water bodies from storm water runoff during construction of the facility. Article VII, § 7-204 Protection of Water Quality from Pollutants: No chemicals or materials will be utilized during construction and operation of this facility that could be detrimental to water quality. Article VII, § 7-205 Erosion and Sedimentation: The proposed facility has been included in an area wide Stormwater Management Plan. Best Management Practices (BMP's) will be utilized to ensure the continued protection of water bodies from storm water runoff during construction of the facility. Article VII, § 7-206 Drainage: A. Site Design to Facilitate Positive Drainage: This standard requires that lots be laid out to provide positive drainage. Lots are not proposed as part of this land use application. Because of the small size of the proposed project area, the site will not create any impacts to existing drainage patterns. B. Coordination with Area Storm Drainage Pattern: This standard also addresses individual lot drainage within a residential development and is not applicable to this use. The proposed facility will not impact natural drainage patterns. Article VII Standards C. Article VII, § 7-207 Stormwater Run -Off: Temporary BMP's will be utilized to mitigate storm water run-off during construction of the facility. Marathon does not anticipate the construction of any permanent structural BMPs at this location. Article VII, § 7-208 Air Quality: The proposed use will not impact air quality. Article VII, § 7-209 Areas Subject to Wildfire Hazards: The project site is designated low to moderate wildfire hazard on Garfield County Wildfire Hazard Map. Article VII, § 7-210 Areas Subject to Natural Hazards and Geologic Hazards: Natural and Geologic Hazards are detailed in the Geologic and Soils Hazard Report included under the supplemental material tab. Article VII, § 7-211 Areas with Archeological, Paleontological or Historical Importance: A Class I Cultural Resource Inventory prepared for the area proximate to the proposed tower location indicates that there no sites recorded in the vicinity. (Land Suitability Analysis Resource Areas 4-502.D.12.) Article VII, § 7-212 Reclamation: A reclamation plan has been provided as a component of the Impact Analysis. (See Impact Analysis Article IV, 4-502.E.11.) Article VII, § 7-823 Additional Standards Applicable to Telecommunications Facilities. A. Shared Facilities. The requirement for the construction of this facility is predicated on line -of -sight (LOS) transmission of radio signals. The location for installation of the tower was selected to enhance coverage and rectify gaps in MOC's radio signal coverage area(s). MOC is prepared to facilitate a dialogue with other operators for co -location of transmission facilities at this location as these opportunities are presented. B. New Towers and Facilities. 1. No existing transmission tower, facility or utility structure is located within a distance which meets MOC's engineering requirements. The location of this tower was selected after it was deemed necessary to accommodate LOS transmission of radio signals. 2. No existing transmission tower, facility or utility structure is located within a distance which meets Marathon's engineering requirements and has sufficient structural strength or space available to support the requirements of Marathon's communication facility. 3. Marathon's proposed telecommunication facility will not cause unreasonable electromagnetic or other interference with the antennas on existing towers. The tower will operate at frequencies and signal strengths that will not impact other towers in the region. 4. No owner of existing towers, structures or utility structures, within a distance that meets the applicant's engineering requirements, are available to Marathon. No other com u ication towers in the vicinity can acco odate the LOS requirements whi If necessitate the construction of the Article VII Standards C. Structural and Engineering Standards. The plans for the construction and installation of the proposed tower were prepared by licensed survey and engineering consultants. The location selected for the tower and the plans for construction assure the safety of the property and the neighborhood shall be protected. D. Interference. Marathon's proposed transmission Tower 7 facility shall meet the regulations of the Federal Communications Commission (FCC) regarding physical and electromagnetic interference. An FCC assessment of the physical location is attached in the supplemental data section. E. Health Standards. Marathon's Tower 7 shall meet applicable health and safety standards for electromagnetic field (EMF) emissions as established by the FCC and/or any other federal or state agency having jurisdiction. F. Public Utility Structures. Not applicable to this project. G. Design, Materials and Color: 1. The color and design of Marathon's Tower 7 will be integrated with the existing landscape; the height of the structure will be approximately 22 feet. The color, style, massing, placement, design and shape are intended to provide maximum functionality for radio transmission without impacting significantly on the existing view shed. 2. No existing vertical infrastructure is available for this project. 3. Not applicable to this project. This facility is free standing structure. 4. Not applicable to this project. This facility is not attached to a building. 5. Marathon's Tower 7 will be located in areas where the existing topography will partially obscure the structure and thus provide partial screening. H. Landscaping and Screening. 1. Given the remote location of the proposed facility and the fact that it will be partially obscured by the natural topography, no landscape screening will be utilized. 2. Marathon's Tower 7 shall be surrounded by a six (6) foot high chain link fence. 1. Lighting and Signage. Only lighting required by the appropriate federal agency will be installed. Signage demonstrating Marathon's control of the facility and contact information may be installed on the perimeter fence. J. Free Standing Transmission Tower or Telecommunication Facility Equipment Building(s) or Cabinet(s). Marathon's Exterior tower facility equipment cabinet shall be approximately nine (9) square feet in area and approximately five (5) feet in height. The cabinet shall be installed at a location which maintains the minimum setback, landscaping and screening requirements of the Resource Lands: Plateau zone. See attached site plan documents for additional information. Article VII Standards K. Modification or Demolition. Any modification, demolition or re -construction of Marathon's Tower 7 shall be in compliance with the standards adopted in this Code. L. Maintenance. The proposed Marathon Tower 7 location is not in a neighborhood or subdivision. Marathon shall take special care to operate, repair and maintain all Tower 7 facilities so as to prevent failures and accidents which cause damage, injuries or nuisances to the neighborhood and public. All wires, cables, fixtures and other equipment shall be installed in compliance with the requirements of the National Electric Safety Code and all FCC, FAA, state and local regulations, and in such a manner that will not interfere with radio communications, electronic transmissions or all other electromagnetic communications or otherwise cause a safety hazard. M. Review. Marathon staff will make the site available to the Director for inspection upon request. N. Abandonment. The proposed lifespan for the facility is thirty (30) years. Marathon intends to remove the facility within 6 months of the closure of the facility. A reclamation plan has been provided in the Impact Analysis section. O. Federal Aviation Agency ("FAA") Form. This form is not required for this structure. See attached FAA TOWAIR details for additional information. P. Telecommunications Act. Marathon's Tower 7 facilities shall comply with this standards of this Code, all applicable standards of the Federal Telecommunications Act of 1996, and all applicable requirements of the Federal Aviation Administration (FAA). OLSSON ASSOCIATES Supplemental Material Index: Supplemental Material Index 1. Geologic and Soil Hazards Report 2. FAA/FCC Data 3. Waiver Request Email to Fred Jarman 4. Assessor's Data 5. Basic Traffic Analysis 6. Class I Cultural Resource Study 7. NCRS Soils Report 8. SUA 9. Noxious Weed Management Plan 10. Tower Location Map (Demonstrating co -location on existing tower not feasible) 11. Wildlife Sensitive Areas Report Marathon oil Company, Comm. Tower T Limited Impact Review, Soils 4-502 (D) (9) OA.OLSSON ASSOCIATES GEOLOGIC AND SOIL HAZARDS REPORT Surficial Geology and Soils The surficial geology of the subject property is shown on Figure 1. The location for the proposed communications tower is underlain by the Parachute Creek Member of the Green River Formation. This part of the Green River Formation consists of oil shale, marlstone and siltstone. The rocks of the Green River Formation are the parent material for the soils that occur at this location. Figure 2 provides a soils map for the location of the proposed facility. This location is underlain by soils of the Parachute Loam, 25 to 65% slopes (soil unit 52 on Figure 2). This soil unit is a well drained soil that is typically between 20 and 40 inches thick. Limitations of this soil in relation to the proposed project are discussed in detail below. Geologic and Soil Hazards The Natural Resources Conservation Service (NRCS) soils report for this area provides information regarding the suitability or limitations of these soils for the proposed use, principally the construction of a small cement pad to support the communications tower. The Parachute Loam poses a low risk of corrosion of concrete, therefore, the soils are suitable to the proposed construction. The soils at the location should not pose any other limitations to the construction of the small tower and placement of the associated support equipment. The proposed communications tower is situated on relatively flat ground near the edge of the steep cliffs formed by the lower part of the Green River Formation. Although this location is located near the center of the Piceance Basin, an asymmetrical structural basin that covers a large portion of northwest Colorado, the surficial geologic units in this vicinity are relatively flat lying. No geologic hazards have been mapped by Garfield County in this area and no faults or other hazards are evident on the Geologic Map of Colorado. The nearest identified faults are those that occur along the eastern edge of the basin in the Grand Hogback approximately 10 miles to the east of the location. The only geologic hazard that exists in the immediate vicinity of the proposed facility would be rockfall associated with the cliffs to the east. However, the fact that the facility occurs above these cliffs and the limited scope and size of this facility should negate any potential hazard. g D nnison ssociate Geologist 1 F ti f , , i t + f ` • x�Tower Number 7•. ;r J^' yti.. 't 1,1:0'1.3 , ,i, r `^J 5 5 1. 5. 1 --Geologic data provided by Colorado Geologic Survey-- • ipTower Number 7 ]] Tgi • Green River Formation -Lower Part - F dating Private Roads 1-1 i 1 Tgp - Green River Formaliort-Parachule Creek Member Tu - Uinla Form31i01 -T NO. 009 1942 DRAWN BY. Lesie Boal, GI5 Analyst DATE 16f0149 s 51 ' 0 500 1,000 GEOLOGY MAP COMMUNICATION TOWER NUMBER 7 MARATHON OIL COMPANY GARFIELD COUNTY, COLORADO 1 inch equals 650 feet OLSSON ASSOCIATES 826 21-1R ROAD GRAND JUNCTION, CO81505 TEL 970 2617800 FAX 970 263 745.9 FIGURE 1 f atm. �w•� 'stir �� `•-4 0 ar S 4 �r r ipr. Tl_ W..4.e8•e4,r4. r +e►iar y � t 00- .00 1" 1 ,u♦ TowerNumber7' fi R t re 1r. 7. --Soils data provided by NRCS Soil Data Depot -- Tower Nurnber 7 epot-- LS l e , I�•1tt TowerNumeer7 Soil Types — Existing Private Roads1F-1 J 37 - Irigul Channery Loam, 50 to 75% slopes Pf�= 152 - Parachute Loam, 25 l0 65% slopes Fl l 53 - Parachute -Rhone Looms, 510 atm slopes n62 - Rock Out rop-Tomonhents Complex. very sleep 0 500 t000 2,000 1 inch equals 650 feet Feet NO. 009-1942 DRAWN BY: Leslie Boot GIS Anatysl DATE: 10101!09 SOiLS MAP COMMUNICATION TOWER NUMBER 7 MARATHON OIL COMPANY GARFIELD COUNTY, COLORADO L 0� GRAND C081505 00 ASSOCIATES TEL FIGORE 2 TOWAIR Search Results FCC Federal 4.-..;)communicalions Commission FCC Home 1 Search 1 Updates 1 E -Filing 1 Initiatives 1 For Consumers 1 Find People Antenna Structure Registration FCC > WTB > ASR > Online Systems > TOWAIR TOWAIR Determination Results New Search a Printable Page *** NOTICE *** Q HELP TOWAIR's findings are not definitive or binding, and we cannot guarantee that the data in TOWAIR are fully current and accurate. In some instances, TOWAIR may yield results that differ from application of the criteria set out in 47 C.F.R. Section 17.7 and 14 C.F.R. Section 77.13. A positive finding by TOWAIR recommending notification should be given considerable weight. On the other hand, a finding by TOWAIR recommending either for or against notification is not conclusive. It is the responsibility of each ASR participant to exercise due diligence to determine if it must coordinate its structure with the FAA. TOWAIR is only one tool designed to assist ASR participants in exercising this due diligence, and further investigation may be necessary to determine if FAA coordination is appropriate. DETERMINATION Results Structure does not require registration. There are no airports within 8 kilometers (5 miles) of the coordinates you provided. „I turiva, : g°'. t .......L4� r q r„ e ' ir.Y•:r rr P3@ rti <! _=n53 Your Specifications Latitude Longitude Overall Structure Height (AGL) 39-33-41.7 north 108-07-41.3 west 6.7 Support Structure Height (AGL) 0.5 2480.5 Site Elevation (AMSL) 'lie r `id TOWER - Free standing or Guyed Structure used for Communications Purposes I3 :.c 3. � �" - k. t ,� 'e�jy E",,€7'Y _ '�7c3:t ..?; �;;.,�. '�i- � .. zx.:<''�"-:, Sir- .3�,��xx�, .: _a a:;�� a a`�ia'i��i�;� a., c u�s�c4z,�.�t Tower Construction Notifications Notify Tribes and Historic Preservation Officers of your plans to build a tower. http://wireless2.fcc,gov/U1sApp/AsrSearch/towairResult.jsp (1 of 2) [10/1/2009 12:04:33 PM] FCC Site Mao TOWAIR Search Results ASR Help ASR Online Systems About ASR Privacy Statement - About ASR - ASR Home ASR License Glossary - FAQ - Online Help - Documentation - Technical Support TOWAIR- CORES - ASR Online Filinq - Application Search - Registration Search • FCC 1 Wireless j ULS 1 CORES Help 1 Tech Support Federal Communications Commission 445 12th Street SW Washington, DC 20554 http://wireless2,fcc.gov/UlsApp/AsrSearch/towairResult.jsp (2 of 2) [10/1/2009 12:04:33 PM] Phone: 1-877-480-3201 TTY: 1-717-338-2824 Submit Help Request The Federal Communications Commission (FCC) requires owners to register certain antenna structures (generally those more than 60.96 meters (200 feet) in height or located near an airport) with the Commission. The proposed facility does not require FCC registration. The proposed communication facility does not require completion of Form 7460-1, Notice of Proposed Construction or Alteration. Title '14: Aeronautics and Space PART 77—OBJECTS AFFECTING NAVIGABLE AIRSPACE Subpart B—Notice of Construction or Alteration Browse Previous 1 Browse Next § 77.13 Construction or alteration requiring notice. (a) Except as provided in §77.15, each sponsor who proposes any of the fallowing construction or alteration shall notify the Administrator in the form and manner prescribed in §77.17: (1) Any construction or alteration of more than 200 feet in height above the ground level at its site. (2) Any construction or alteration of greater height than an imaginary surface extending outward and upward at one of the following slopes: (i) 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each airport specified in paragraph (a)(5) of this section with at least one runway more than 3,200 feet in actual length, excluding heliports. (ii) 50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of each airport specified in paragraph (a)(5) of this section with its longest runway no more than 3,200 feet in actual Length, excluding heliports. (111) 25 to 1 for a horizontal distance of 5,000 feet from the nearest point of the nearest landing and takeoff area of each heliport specified in paragraph (a)(5) of this section. (3) Any highway, railroad, or other traverse way for mobile objects, of a height which, if adjusted upward 17 feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical distance, 15 feet for any other public roadway, 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road, 23 feet for a railroad, and for a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it, would exceed a standard of paragraph (a) (1) or (2) of this section. (4) When requested by the FAA, any construction or alteration that would be in an instrument approach area (defined in the FAA standards goveming instrument approach procedures) and available information indicates it might exceed a standard of subpart C of this part. (5) Any construction or alteration on any of the following airports (including heliports): (1) An airport that is available for public use and is listed in the Airport Directory of the current Airman's Infom2ation Manual or in either the Alaska or Pacific Airman's Guide and Chart Supplement. (ii) An airport under construction, that is the subject of a notice or proposal on file with the Federal Aviation Administration, and, except for military airports, it is clearly indicated that that airport will be available for public use. (iii) An airport that is operated by an armed force of the United States. (b) Each sponsor who proposes construction or alteration that is the subject of a notice under paragraph (a) of this section and is advised by an FAA regional office that a supplemental notice is required shall submit that notice on a prescribed form to be received by the FAA regional office at least 48 hours before the start of the construction or alteration. (c) Each sponsor who undertakes construction or alteration that is the subject of a notice under paragraph (a) of this section shall, within 5 days after that construction or alteration reaches its greatest height, submit a supplemental notice on a prescribed form to the FAA regional office having jurisdiction over the region involved, if— (1) The construction or alteration is more than 200 feet above the surface level of its site; or (2) An FAA regional office advises him that submission of the fomn is required. !Doc. No. 8276, 33 FR 5256, Apr. 2, 1968, as amended by Amdt. 77-9, 36 FR 5970, Apr. 1, 1971; Amdt. 77-10, 37 FR 4705, Mar. 4, 1972] Lorne Prescott crom: Lorne Prescott Sent: Friday, September 11, 2009 1:12 PM To: 'Fred Jarman' Cc: 'Doug Dennison', 'Ryland, Curtis'; 'Craig Richardson' Subject: Topics for request of waiver on LIR components Attachments: MOC Tower Drawings.pdf Fred, Here are the items that we are going to request a waiver from in the GARCO LIR process for the proposed Marathon Communications Tower. This is our first crack at this type of process, our requests are intended to serve as fodder for our dialogue next Friday. Please keep in mind that this facility very closely approximates the facilities that have been previously permitted and will have minimal impacts. 1 have attached some maps/drawings for the proposed project that should provide some context to our request(s), the entire proposed site will be about 20' x 20'. We appreciate your consideration on these items. Request waiver from components of: Land Suitability Analysis items ---- D6) Drainage Features: the foot print of the project is so small and it is not proximate to any significant drainages. D7) Water: the proposed use will require any water use and will not have any impacts to water supplies. D8) Floodplain: the foot print of the project is very small and the proposed use is not proximate to any floodplains or floodways 09) Soils: the foot print of the project is very small, there is no significant weight associated with the proposed use, the .ower will be supported by a small concrete foundation. D10) Geo -Naz: the foot print of the project is very small, no geo-hazards would impact the proposed location D11) Natural Habitat: This facility would be constructed at the end of an existing 2 -track road, no wetlands are proximate, small size of proposed site would preclude impacts to existing flora and fauna. Impact Analysis items: E4) Soil Characteristics: same as above, the foot print is so small that project will not have a significant influence on the land. /V P11 -S E5) Geology and Hazard: same as above, the foot print of the project is very small, no geo-hazards would impact the proposed location. E6) Effect on Existing H2O supply: no impacts to water supply from this proposed project. E7) Effect on Groundwater: no impacts on groundwater or aquifers, no drilling or disturbance other than to construct concrete pad and fence. E8) Environmental effects: because of the small footprint and because the access road already exists, environmental effects would be essentially negligible. E9) Traffic: traffic study not necessary, no traffic will access the site except to construct and/or to check the facility if something goes wrong. E10) Nuisance: no impacts because of small footprint, minimum of equipment on site (tower and control panel). Ell) Reclamation Plan: overall disturbance is 400 sq feet, a full reclamation plan seems a bit excessive. Site Plan Requirements: Since this proposed project is so straightforward, we would like to know if we can use the attached drawings to meet the site plan requirements. Thanks again for your time, 1 I'II see you next Friday at 9:00. _orne C. Prescott 1 Olsson Associates 826 21 1/2 Road 1 Grand Junction, CO 81505 1 IDrescottaoaconsultinq.com TEL 970.263.7800 ext. 2011 1 CELL 970.210.68891 FAX 970.263.7456 OLSSON ASSOCIATES 2 Parcel No 217118200008\/ 'CHEVRON USA INC C10 CHEVRON TEXACO PROPERTY TAX P 0 BOX 285 HOUSTON, TX 77001 Assessor's Parcel Description {Not to be used as a legal description} SECT,TWN,RNG:18-6-96 DESC: SEC 4 A TR CONT 160.93AC EXCEPT A TR CONT 4.25AC DESC: SEC 5 LOTS 14-19,21,23 SEC 6 LOTS 1-18,SW, W1/2SE DESC: SEC 7 WII2NE, NW, SW, W1/2SE, LOT 1-4 SEC 8 1-5,7 DESC: 12,S1I2SW,NWSW, SESE, 13-15 SEC 17 1,2,4-14,15,17 DESC: ,17, NENE, E112SE, SEC 18 W1/2NE, NW, SW, W1/2SE, DESC: LOTS 1-4 SEC 20 1-3,6,7,NE, NWNW, S112NW, EU2SW DESC: SEC 21 LOTS 1-4 SEC 29 LOT 3,4, W1/2NE, NENW AKA DESC: BFT[J1111rTITE15,PTOF 16 ONSOLIDATED #S 3-10,12,13 DESC: GRAND VALLEY #S 1,2,7,8 MIDLAND #S #S DESC: 1 & 2 DESC: EXCEPT 28.87 AC. FOR CO. RD. 215 ROW AND SLIDE PCL BK:0377 PG:0111 BK:0285 PG:0169 BK:0274 PG:0228 BK:0268 PG:0532 BK:0268 PG:0531 RECPT:743338 RECPT:743337 RECPT:739021 BK:1712 PG:493 RECPT:679272 BK:1687 PG:548 RECPT:674194 BK:1663 PG:206 IRECPT:668724 BK:1663 PG:200 Parcel # 217105200002 CHEVRON USA INC C/O CHEVRON TEXACO PROPERTY TAX P O BOX 285 [HOUSTON, TX 77001 Assessor's Parcel Description (Not to be used as a legal description) SECT,TWN,RNG:5-6-96 DESC: LOTS 1-12 5-96 SEC 35 S 112SE SEC 36 S 1/2SW DESC: AKA .TB CLAIMS 1-4 BK:0293 PG:0351 BK:1663 PG:206 IRECPT:668724 BK:1663 PG:200 [RECPT:668723 BK:1655 PG:178 [RECPT:666845 Parcel No 217104300015 CHEVRON USA INC CIO CHEVRON TEXACO PROPERTY TAX P O BOX 285 HOUSTON, TX 77001 Assessor's Parcel Description (Not to be used as a legal description) SECT,TWN,RNG:4-6-96 DESC: A TR. [BEG. AT THE NW COR. OF THE SW SEC 4(6-96), DESC: THIS COR. IS LOCATED ON THE S. SIDE OF A GULCH DESC: [RUNNING DOWN THE GULCH 5 OF EAST [582' TO THE CREEK DESC: THENCE DOWN THE CREEK WEST OF S 207',THENCE W 336' DESC: THENCE N 363' TO THE POB. AKA GRANLEE SCHOOL TR. UNION OIL CO 1/2 (460034) BK:1655 PG:178 IRECPT:666845 BK:1602 PG:357 RECPT:655351 BK:1602 PG:342 RECPT:655348 BK:0787 PG:0719 BK:0584 PG:0509 Parcel 217104100021 J ENCANA OIL & GAS (USA) INC. C/O K.E. ANDREWS & COMPANY 3615 S. HURON STREET, SUITE 200 IENGLEWOOD, CO 80110 Assessor's Parcel Description (Not to be used as a legal description) SECT,TWN,RNG:4-6-96 DESC: SEC 4 LOTS 4, 10, 12 & ALL THAT PART OF [LOT 1, SENW SWNW NWSW AND LOT 11 LYING EAST OF THE CENTERLINE OF PARACHUTE CREEK. SEC 9 LOTS 3, 4, 5, 11 & SWNW. 5-95 SEC 30 LOTS 10, 11, 12, 13& 14 SEC 31 LOTS 2, 3, 4, 9 & 10.5-96 SEC 25 LOTS 7 & 8 [SEC 36 NE & SE EXCEPT THAT PART OF [THE SOUTH 949.99 FEET LYING WEST OF THE CENTERLINE OF PARACHUTE CREEK. EXCEPTING THERE FROM THAT PORTION OF CO RD 215 THAT CROSSES THE SUBJECT PROPERTY INCLUDING THE ROADWAY SURVEY PARCELS AND SLIDE PARCELS CONVEYED TO THE BCC OF GARFIELD COUNTY, COLORADO IN SWD RECORDED 12/30119861N BK 702 PG 424 AND AS CORRECTED IN INSTRUMENT RECORDED 06/1511987 IN BK 714 PG 1. AKA CHEVRON RESERVOIR RIGHT OF FIRST REFUSAL PARCEL PRER460005 BK:617 PG:95 BK:296 PG:166 BK:0909 PG:0187 BK:0641 PG:0759 BK:0640 [PG:0131 BK:0640 PG:0127 BK:0630 PG:0883 BK:0377 PG:0106 BK:0355 1PG:0266 BK:0326 PG:0220 BKK0275 PG:0001 BK:0268 PG:0119 BK:0134 PG:0098 BK:1658 PG:813 RECPT:667753 BK:1625 PG:498 RECPT:660502 BK:1625 PG:485 RECPT:660501 BK:1602 PG:406 RECPT:655357 BK:1602 PG:357 RECPT:655351 BK:1602 PG:342 RECPT:655348 BK:1602 PG:253 RECPT:655346 BK:1552 PG:676 RECPT:644234 BK:1478 PG:843 RECPT:629032 BK:1455 PG:191 RECPT:624488 Parcel No 217118200008 CHEVRON USA INC IC/O CHEVRON TEXACO PROPERTY TAX O BOX 285 HOUSTON, TY 77001 Assessor's Parcel Description (Not to be used as a legal description) SECT,TWN,RNG:18-6-96 DESC: SEC 4 A 1TR CONT 160.93AC EXCEPT A TR CONT r.25AC DESC: SEC 5 LOTS 14-19,21,23 SEC 6 LOTS 1-18,SW, W 112SE DESC: !SEC 7 W112NE, NW, SW, W1/2SE, LOT 5-4 SEC 8 1-5,7 DESC: 12,S1/2SW,NWSW, SESE, 13-15 SEC 17 11,2,4-14,15,17 DESC: ,17, NENE, 1E1/2SE, SEC 18 W112NE, NW, SW, W1l2SE, DESC: LOTS 1-4 SEC 20 11 -3,6,7,NE, NWNW, S1/2NW, E1f2SW DESC. SEC 21 LOTS 1-4 SEC 29 LOT r,4, W1I2NE, NENW AKA DESC: BHTUMINITE 15, PT OF 16 [CONSOLIDATED #S 3-10,12,13 DESC: rGRAND VALLEY #S 1,2,7,8 MIDLAND #S #S DESC: 1 & 2 DESC: [EXCEPT 28.87 AC. FOR CO. RD, 215 OW AND SLIDE PCL BK:0377 PG:0111 BK:0285 PG:0169 BK:0274 PG:0228 1BK:0268 PG:0532 BK:0268 PG:0531 ICPT:743338 RECPT:743337 RECPT:739021 BK:1712 PG:493 IRECPT:679272 BK:1687 PG:548 [RECPT:674194 BK:1663 PG:206 1RECPT:668724 BK:1663 PG:200 '>-'213527300015 < ENCANA OIL AND GAS (1JS )'CN 17104100021 ENCAN OfiANDGAS (USA) 213534300957 BURER.U}43F LAND MANAGEM ENT s3 217105300951, BUREAU OF LAD MANAGEMENT •217•. 00002:▪ • • :; .. :C VRbIOn €N ..j: . `:17104300015 `/l ENC-RNA-OttAND—OA.5 (USA) :C. 21 9122000'1 C EVRON USA IN2.< 217li 930Q013 N BOARD OF cQuN'YCOMMISSIONERS Guard Shack• Well Pad Location (not to scale) — Pad Access Roads ▪ 596-35D Guard Shack — Existing Roads - Garden Gulch Road Parcels • • • 217105200002 0 0.25 0.5 1 Miles 1 inch equals 1 mile ADJACENT PARCELS MAP WELL PAD 596-35D TEMPORARY HOUSING SPECIAL USE PERMIT MARATHON OIL COMPANY GARFIELD COUNTY, COLORADO REVISION DATE: 9102/06 REVISION NUMBER 00 DRAWN BY: LS APPROVED 8Y: P SCALE AS SH7WNCORDILLERAN Agbibigaik PROJECT # EG06196 BASIC TRAFFIC ANALYSIS MARATHON OIL CORPORATION COMMUNICATION TOWER 7 GARFIELD COUNTY, COLORADO OLSSON ASSOCIATES OA Project No. 009-1942 October 2009 B26 21 '/2 Road' Grand Junction, CO 81505 1 970.263.7800 1 Fax 970.263. INTRODUCTION & OBJECTIVE This Basic Traffic Analysis summarizes findings of a traffic impact analysis performed for a proposed communications tower facility located off of a private two -track road and accessed via Garfield County Road (CR) 215 (Parachute Creek Road), Garden Gulch Road and private roadways. The site is approximately 8 miles northeast of Parachute, CO. See the Figure 1 in Appendix A. The communications tower will be constructed, operated, and reclaimed in three phases. These phases include: • Facility Construction (1 to 2 days) • Operation (30 years) • Reclamation (1 to 2 days) It is expected that the lifespan of the site will be approximately 30 years. EXISTING NETWORK This communication tower will be accessed from County Road (CR) 215, Garden Gulch Road and existing private roadways. According to the guidelines in the Colorado Department of Transportation (CDOT) State Highway Access Code, this road is classified as a Rural Highway (R -B). CR 215 is a two lane asphalt roadway with gravel shoulders. The road has a posted speed limit of 35 mph. According to the most recent available peak hour traffic count (2004), the estimated ADT for CR 215 is 3005 vehicles per day (vpd). TRAFFIC PROJECTIONS Given the lack of data regarding traffic growth for this area, a conservative growth rate of 3% was assumed. This rate was applied to the existing counts to obtain background traffic for the forecast years of 2010 and 2040, respectively. These planning horizon years were chosen as they correspond with opening day of construction and reclamation, respectively. This results in an expected ADT of 3,588 vpd in 2010 and 8,709 vpd in 2040. Communication Tower 7 1 October 5, 2009 Basic Traffic Analysis TRIP GENERATION/DISTRIBUTION Trip generation is generally determined using rates found in the ITE Trip Generation manual. Rates from this publication are applied to values related to the size of the proposed site to estimate the trips expected to enter and exit the site. In this case, no rates are provided for facilities similar to these. To estimate trips expected for this site, information was gathered regarding the expected traffic based on previous projects similar to this one. The following table summarizes the expected average and maximum trips for each phase discussed previously. Table 1: Trip Generation — TOWER 7 Phase Average TripslDay Maximum TripslDay Percent Trucks Total Trips/Phase Phase Duration Construction 1 2 100% 4 2 days Operation <1 2 0 % 3120 30 years Reclamation 2 4 50 % 4 2 days Note that the estimated lifespan of the site is expected to be approximately 30 years. Current ADT's and expected trip generation are shown in Figure 2 in Appendix B. Detailed tables showing daily trips for each phase are shown in Appendix C. CONSTRUCTION PHASE Staging areas and temporary access points will not be required during construction for this project. The access into this facility via Highway 215 and Garden Gulch Road is already permitted by the Garfield County Road and Bridge Department; therefore, no additional permits are required. There will be no road closures or traffic interruptions. During the construction phase, it is expected that the site traffic will include two pickup or flatbed trucks (3 tons or less) that will serve as haul vehicles. This traffic will be generated by the delivery of cement and the tower structure on a regular pickups or flat bed trucks. AUXILIARY LANE ANALYSIS As defined by the Colorado State Access Code, Highway 215 is classified as a Rural Highway (R -B). With this classification, auxiliary lanes are required for left turns greater than 10 vph and Communication Tower 7 2 October 5, 2009 Basic Traffic Analysis addition of the small amount of traffic generated by construction and operation of the communications tower does not bring turning volumes to the required amount for auxiliary lanes. EXISTING PARCELS Current land use on the parcel is primarily natural gas development with limited rural residential and agricultural use. The majority of existing traffic is related to natural gas development activities. One existing two track roadway exists and it will serve as primary access to the site. No new access to state highways or railroad crossings will be required. RECOMMENDATIONS Based on the expected trip generation rates discussed above, the increase in average daily traffic is not expected to be significant. The worst-case scenario during operation of the facility is that there would be a minimal, short-term increase in truck traffic. Based on the results of the analysis, no mitigation is recommended for the communications tower. As mentioned in the Auxiliary Lane Analysis, the addition of traffic by the site does not increase low existing volumes to levels required for auxiliary lanes. Prepared Under the Supervision of: Dion Plsek, .E. Communication Tower 7 3 October 5, 2009 Basic Traffic Analysis APPENDIX A 5S51N .APPROXIMATE DISTANCE FROM COMMUNICATIONS TOWER TO CR 215 INTERSECTION -13 MILES TO SOUTH Guard Shack APPROXIMATE DISTANCE FROM COMMUNICATION TOWER TO I-70 INTERCHANGE - 20.3 MILES TO SOUTH I® Tower 7 I= Parcels 1• 1 217105290002 (Area: 635 acres) IIGuard Shack n Marathon Lease - Existing Private Roads - Garden Gulch Road - Garhrld County Roads 0.5 z1 2 1 inch equals 0.75 miles Miles NO: 009-1942 DRAWN BY: Lesle Boom GIS Analyst DATE: 9130109 TRAFFIC ACTIVITY MAP COMMUNICATION TOWER NUMBER 7 MARATHON OIL COMPANY GARFIELD COUNTY, COLORADO OLSSON 626 21-112 ROAD GRAND JUNCTION CO 61505 TEL 970.2617600 A S S O C I A T E S FAX 97 0 2637 456 FIGURE 1 APPENDIX B • Tower 7 11 Guard Shack - Existing Private Roads Garden Gukh Road Garfield County Roads ElMarathon Lease 0,5 1 2 1 inch equals 0.75 miles Miles F. . I" NO 0091942 DRAWN BY: Leslie Donal GIS All atyat DATE: 9730109 AVERAGE DAILY TRAFFIC COUNT COMMUNICATION TOWER NUMBER 7 MARATHON OIL COMPANY GARFIELD COUNTY, COLORADO O\OLSSON826 21-112ROAD GRAND JUNCTION CDO81505 TEL 970.263.7890 ASS O C I A T E5 FA% 979 263 7456 FIGURE 2 APPENDIX C MARATHON OIL COMMUNICATIONS TOWER 7 FACILITY Projected Average Daily Traffic Highway 6 & 24 (I-70 Frontage Road) Base Year 2004 Base Count 3005 Annual Growth Rate 3% Year Projected ADT 2005 3095 2006 3188 2007 3284 2008 3382 2009 3484 2010 3588 2011 3696 2012 3807 2013 3921 2014 4038 2015 4160 2016 4284 2017 4413 2018 4545 2019 4682 2020 4822 2021 4967 2022 5116 2023 5269 2024 5427 2025 5590 2026 5758 2027 5931 2028 6109 2029 6292 2030 6481 2031 6675 2032 6875 2033 7081 2034 7294 2035 7513 2036 7738 2037 7970 2038 8209 2039 8456 2040 8709 CONSTRUCTION OF MARATHON OIL COMMUNICATIONS TOWER 7 FACILITY Activity Day Trucks Weights No. Trucks Equipment Equipment Wt. Truck Trips Trips/Truck Total Construction of Pad Every Day of Construction 1-2 Pickup, Flatbed or other light vehicle 8000 GCW 1 Tower & Cement 1000 1 1 1 Every Day of Construction 1-2 Pickup, Flatbed or other light vehicle 8000 GCW 1 1 1 1 Total Trips (One Way) 2 Average Trips/Day 1 Maximum Trips/Day 2 NOTE: All trips are one-way. OPERATION OF MARATHON OIL COMMUNICATIONS TOWER 7 FACILITY Activity Day Trucks Weights No. Trucks Equipment Equipment Wt. Truck Trips Trips/Truck Total Operation of Facility Pickup or other light vehicle 8000 GVW 1 1 1560 1560 Pickup or other light vehicle 8000 GVW 1 1 1560 1560 For life of facility - assumed 30 years Total Trips (One Way) 3120 Average Trips/Day >1 Maximum Trips/Day 2 NOTE: All trips are one-way. Assumes a maximum of one trip per week for inspection and/or repairs RECLAMATION OF MARATHON OIL COMMUNICATIONS TOWER 7 FACILITY Activity Day Trucks Weights No. Trucks Equipment Equipment Wt. Truck Trips Trips/Truck Total Regrading and Final Contour 1 22 Wheel low -boy 170000 GCW 1 D9 85000 1 1 1 2 22 Wheel low -boy 170000 GCW 1 D9 85000 1 1 1 1-2 Pickup or other light vehicle 8000 GVW 1 2 1 2 Total Trips {One Way) 4 Average Trips/Day 2 Maximum Trips/Day 4 NOTE: All trips are one-way. Site Code : 3 MIS SIIIIT: C1-215 BIY STRUT: I-10 11011141 ID Counter Measures Moveeeots by: Primary PAG!: 1 FILE: C121I107 DAT!: 6/03/04 P8A1 P1RI00 AIAiTSIS FOR TR! 168100: 6:30 AM - 8:30 AM D11ICTIO1 START PEAL 8R YOLOM8S PIICIITS ... 110M P1A18008 FACTOR light Thru Left Total light Thru Left North 6:4$ AI 0.89 20 92 38 150 13 61 25 last 1:00 AM 0.73 14 6 9 29 48 21 31 South 6:30 AM 0.71 23 166 71 260 9 64 21 Vest 1:30 AM 0.89 103 11 11 131 79 8 13 latire Iatersectioa forth 6:30 AK 0.86 21 93 31 14S last 0.70 9 $ 14 28 South 0.11 23 166 71 260 Vest 0.84 80 9 12 101 21 93 14 64 21 32 18 SO 9 64 27 79 9 12 12 1 9 101 80 J 71 260 166 r 9 28 5 L 23 14 I-70 FRONTAGE RD Site Code : 3 RIS STRUT: C8-215 !V STRUT: 1-70 1801TA08 10 Counter Measures Novenenta by: Primp PAGE: 1 PIER: C121I70F NITS: 6/03/01 P1A1 PERIOD AfALYSIS FOR TRI PERIOD: 4:45 PK - 5:45 PR DISICTION START 9888 BR YOLDKBS .... P8IC19TS ... FROM PIAS 8001 FACTOR light Thru Left Total light Tbru Left forth 4:45 PK 0.74 5 116 0 119 4 96 0 last 4:45 PM 0.81 30 10 25 65 16 15 38 South 4:45 PK 0.88 7 107 156 270 3 40 58 Vest 4:45 PK 0.82 171 4 13 188 91 2 7 Entire Intersection North 4:45 PM 0.74 5 114 0 119 last 0.81 30 10 25 65 South 0.88. 7 107 156 270 West 0,82 171 4 13 188 • 1-70 FRONTAGE RD 13 5 114 L 119 4 188 171 4 96 0 46 15 38 3 40 58 91 2 7 30 65 10 L 25 1-71) FRONTAGE RD 156 107 Site Code : 3 N/6 STREET: CR -215 Elia STREP: 1-70 FRONTAGE RD Counter Inures Noreee©ts by: Primary PACE: 1 PILE: C121I7OF DATE: 6/03/04 At PERIOD ANALYSIS FOR !RE PERIOD: 6:30 AN - 8:30 A11 DIRECTION START PIA' 8R ?CLONES PERCENTS PION PEA' 8008 !ACNE light Tbru Left Total light Thra Left North 6:45 AN 0.89 20 92 38 150 13 61 25 Iaat 7:00 AN 0.73 14 6 9 29 48 21 31 South 6:30 AN 0.71 23 166 71 260 9 64 27 Vest 7:30 AN 0.89 103 11 17 131 79 8 11 Entire Intersection North 6:30 AN 0.86 21 93 31 145 14 64 21 East 0.70 9 5 14 28 32 18 50 South 0,71 71 260 9 64 27 Vett 0.84 { 9 1 01 79 9 12 9 80 21 L 145 101 J 260 166 CR -215 h. c., f W�£ 9 28 5 L 14 23 1-70 FRONTAGE RD $35 FLATTOPS ARCHAEOLOGICAL CONSULTANTS P.O. BOX 864 GLENWOOD SPRINGS, CO 81602 (970) 379-2846 October 3, 2009 Lorne Prescott Cordilleran, A Division of Olsson Associates 826 %: Road Grand Junction, Colorado 81505 CC: Fred Jarman Garfield County, Building & Planning 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 RE: Letter Report of Findings—Class I Cultural Resources Study for the Proposed Marathon Oil Company Communication Tower No. 7, Parcel #2171052-00-002, Garfield County, Colorado Dear Mr. Prescott, This letter report of findings serves as documentation for the completion of a Class III Cultural Resources Study of the proposed Marathon Oil Company Communication Tower No. 7 (Parcel #2171052-00-002) in Garfield County, Colorado. The footprint of the proposed tower comprises a 20' x 20' area in the NE of Section 5, Township 6 South, Range 96 West. However, cultural resource files for the entire Section 5 were reviewed for this study. Garfield County requires that known cultural resources be identified prior to the development of private property. The proposed project area is situated on the top of a ridge just south of Gardner Gulch. It overlooks Parachute Creek to the east, approximately 8 miles north-northwest of Parachute, Colorado. Access to the project area will utilize existing roads. The file search was conducted on October 2, 2009, by reviewing the Colorado Office of Archaeology and Historic Preservation's COMPASS database. Two previous cultural resource inventory projects have taken place in Section 5, T6S, R96W (Table 1); no known prehistoric or historic cultural resources have been recorded as a result of these projects. Thus, based on the results of this Class 1 inventory, Flattops Archaeological Consultants recommends a finding of no historic properties affected. However, should cultural resources be unearthed during ground -disturbing activities, a qualified archaeologist should be notified. Kae McDonald Principal Investigator flattopsarchaeological99 C comcast. net Table 1: Results of files search, Section 5, T6S, R96W. Project No. Project Type Client Company Year Sites MC.LM.R96 Pipeline Colorado Interstate Gas Metcalf Archaeological Consultants 1994 None GF.AE.R197 Oil Shale Study Union Oil Company Grand River Institute 1983 None If you have questions or concerns, please do not hesitate to contact me at your convenience. Since • Iy, Kae McDonald, Ph. Principal Investigator SURFACE LEASE STATE OF COLORADO COUNTY OF GARFIELD This SURFACE LEASE ("Lease") dated effective as of this 15th day of August, 2009 ("Effective Date"), is made by and between CHEVRON U.S.A. INC., a Pennsylvania corporation, with offices at 1400 Smith, Houston, Texas 77002, ("Lessor") and MARATHON OIL COMPANY, an Ohio corporation, having an address of 5555 San Felipe Road, Houston, TX 77056, ("Lessee") RECITALS A. Lessor owns certain land described more particularly in Exhibit "A" which is attached hereto and made part of this Lease, and said land is also further described in Section 2.1 below ("Land"). B. Lessee desires to obtain a non-exclusive lease and use of Lessor's interest in the surface of the Land to build Tower Number 7 more particularly depicted in Exhibit "A" which is attached hereto. C. In consideration of the mutual promises set out in this Lease, Lessor and Lessee agree to be bound by the teens of this Lease. AGREEMENT 1. INTERPRETATION AND EXHIBITS 1.1 interpretation. Unless the context expressly requires otherwise, all of the following apply to the interpretation of this Lease: (A) The plural and singular words each include the other. (B) The word "or" is not exclusive. (C) The word "includes" and "including" are not limiting. (D) The headings in this Lease are included for convenience and do not affect the construction or interpretation of any provision of, or the rights or obligations of a Party under, this Lease. 1.2 Exhibits. (A) All of the Exhibits that are attached to the body of this Lease are an integral part of the Lease and are incorporated by reference into this Lease, including: (1) Exhibit A — Tower Number 7 Construction Design and Detail Surface Lease between Marathon and Surface Lease Agreement, QLS No. Execution Version 1 2. GRANT 2.1 Lessor leases to Lessee, for the benefit of Lessee and its employees, agents, invitees, contractors, and subcontractors, the non-exclusive right to Lessor's interest in the surface of the following -described Land, located in Garfield County, Colorado: A site for Tower Number 7, approximately 400 feet square on Lessor's Land, located in the Northeast quarter of Section 5, T6S-R96W of Garfield County, Colorado. Said site being constructed as depicted on Exhibit A which has been attached to and made part of this Lease. 2.2 Subject to Other Agreements. This Lease is made subject to all existing grants, conditions, ]imitations, reservations, and agreements, affecting the surface or subsurface of the Land, including, but not limited to, rights-of-way, licenses, leases and other agreements. Lessor specifically reserves the right to grant third parties rights of ingress and egress over and under the Land. Lessee is responsible for obtaining any necessary third party consents prior to commencing activities on the Land required in any agreement of record, or if not recorded, in any agreement of which Lessee has received notice. This Lease covers surface rights only for the subject communications tower installment. 2.3 No Warranty. Lessee accepts the Land in its present condition, "AS IS, WHERE IS" and accepts full responsibility therefor, without warranty, express, statutory or implied, as to title, merchantability, condition, quality or fitness for a particular purpose, or any other sort of warranty, without recourse against Lessor whatsoever, not even for the return of any consideration paid to Lessor for this Lease nor for the return of any rentals paid to Lessor under Section 6. However, Lessee shall be granted full substitution and subrogation in and to all of the rights and actions Lessor may have against all preceding owners, vendors and lessors. Lessor makes no representations or warranties regarding Lessee's right of ingress and egress from the Land across adjacent or adjoining lands. 2.4 Lessor Access to the Leased Land. Lessee acknowledges that Lessor retains to itself, its agents, grantees, tenants, lessees, permitees, invitees, successors and assigns, the superior right of ingress to, egress from and use of the Land for any or all of [Inc following purposes: (A) laying, constructing, operating, repairing and removing a pipeline or pipelines, (B) cutting and removing any and all timber standing, growing and being upon the Land, (C) engaging in a program of reforestation by the planting, seeding and cultivation of additional trees or vegetation, (D) removing soil and/or dirt from the Land, (E) engaging in land development, ranching or agricultural activities, (F) testing by seismographic methods or any other method, similar or dissimilar, and (G) any and all other purposes. 2.5 Lessor Access to the Communications Tower. Lessor reserves the right to make use of the equipment installed on the Land for its own communication purposes; provided such use is coordinated in advance with Lessee and Lessor's use does not unreasonably interfere with Lessee's operations. 3. PURPOSE. 3.1 Subject to Article 2 above, Lessee and its employees, agents, invitees, contractors, and subcontractors may use the Land for the purpose of constructing, erecting, installing, Surface Lease between Marathon and h Surface Lease Agreement, QLS No. Execution Version 2 operating, maintaining, inspecting, using, replacing, repairing, moving on and removing a communications tower ("Communications Tower"), and other purposes incidental to the foregoing uses. Lessee shall not use any part of the Land for any other purpose. 3.2 No Interference with Use by Lessor or its Existing Surface Lessees. Lessee shall maintain and operate the Communications Tower in such manner that Lessee's operations will in no way hinder or prevent the use and enjoyment of Lessor's adjoining property, including, but not limited to, use of adjoining property for exploration, mining, development, and removal of Petroleum Substances, defined as oil, hydrocarbon gas, oil shale, any other hydrocarbon, and any non -hydrocarbon gas, and farming, ranching, and land development operations. In conducting any activities on the Land, Lessee shall minimize disruption and damage to any of the following (A) the Land and adjacent or adjoining lands used for ingress or egress to the Communications Tower; (B) the operations of Lessor's surface lessees; (C) Lessor or any of its lessees' or grantees' irrigation systems, crops, grazing livestock, pasture, and other agricultural and grazing equipment. 4. TERM. 4.1 Term. This Lease is granted for a period beginning on the Effective Date and shall continue so long as Lessee continues to use and maintain the Land and Communications Tower without interruption for more than one hundred and twenty consecutive days ("Term"), unless terminated or canceled prior thereto in the manner provided for in this Lease. 4.2 Surrender. Lessee may surrender this Lease at any time in whole or in part by providing a sixty day written notice to Lessor and filing an instrument of surrender in the public records of the county where the Land is located. Upon such surrender, Lessee will be relieved of all future obligations under this Lease as to the lands surrendered, but surrender will not relieve Lessee of obligations accrued under this Lease as of the date of surrender or obligations that accrue upon Lease termination or that survive termination. Lessee will be relieved of its obligation to make future rental payments under Section 6 if it surrenders this Lease as to all of the Land, but will not be entitled to a reduction in future rentals if it makes a partial surrender of this Lease. Lessee will not be entitled to a refund of rental paid under Article 6 if Lessee surrenders this Lease prior to the end of the year for which a rental payment has already been made. Any surrender by Lessee under this Section 4.2 shall be considered termination within the meaning of Article 5 and Section 8.3. 4.3 Release. Upon the termination of this Lease, in whole or in part, for any reason, Lessee will, within thirty days thereafter, file an instrument in the county records that reflects Lessee's rights under this Lease have terminated to the extent of such termination. If Lessee fails to comply with such obligation within the time required, Lessee authorizes Lessor to file a notice of Lease termination on Lessee's behalf. 4.4 Lessor's Right to Terminate. At Lessor's sole discretion, Lessor may terminate this Lease, in whole or in part, at any time upon giving a one year written notice to Lessee. If Lessor exercises its rights to terminate this Lease after having received an advance annual rental under Section 6, Lessee will be entitled to a pro rata refund of any rental paid for months following the month of termination that has previously been made in advance. Surface Lease between Marathon and 3 r Surface Lease Agreement, QI,S No. Execution Version 3 5. TERMINATION. 5.1 Failure to Complete or Cessation of Use. If Lessee fails to complete construction of the Communications Tower within ten days of receiving a permit allowing same from Garfield County or within two months from the Effective Date, whichever happens first, or ceases to use and maintain the Communications Tower for more than one hundred and twenty consecutive days at any time after the Effective Date, this Lease will automatically terminate. 5.2 Interference with Lessor's Operations. (A) If, at any time and from time to time, Lessor determines in its sole discretion that Lessee's operations will interfere with Lessor's exercise of its rights to Petroleum Substances, Lessor may choose from either of the following options: (1) Terminate this Lease. (2) Require Lessee to modify or relocate the Communications Tower to other such lands owned by Lessor as Lessor directs in order to eliminate the interference to Lessor's satisfaction. If Lessor elects to require Lessee to modify or relocate Lessee's Communications Tower: (a) Lessor and Lessee will execute a written amendment to this Lease reflecting the modification or relocation of the Communications Tower as directed by Lessor. (b) Except as provided in Section 9, if modification or relocation of Lessee's Communications Tower occurs prior to January 18, 2018, Lessor shall reimburse Lessee for reasonable and documented third party costs of to modify or relocate the Communications Tower, subject to Lessee's obligations to restore under Section 8.3. (c) Effective January 1, 2018 and thereafter, Lessee will modify or relocate the Communications Tower at its sole risk and cost as directed by Lessor and subject to Lessee's obligations to restore under Section 8,3. 5.3 Termination of this Lease under any of its provisions shall not operate to extinguish any obligations of Lessee's which have accrued at the time of termination, or which acrrue upon termination. 6. RENTAL PAYMENTS. 6.1 Prior to or concurrently with execution of this Lease, Lessee shall make the rental payment to Lessor in the amount of 5500.00 covering the twelve month period beginning with the Effective Date. Thereafter, and continuing during the term of this Lease, on or before each anniversary of the Effective Date, Lessee will make a rental payment to Lessor for the succeeding twelve month period in an amount equal to the prior twelve month rental escalated by five percent. Surface Lease between Marathon and Ch yr Surface Lease Agreement, QLS No, Execution Version 4 6.2 All rental payments required under Section 6.1 will be made by Lessee's check, mailed postage prepaid to Lessor at the address set out in the signature page to this Lease, or such other address that Lessor may designate in writing to Lessee. 7. COMPLIANCE WITH LAW. Notwithstanding any other provisions of this Lease, Lessee will comply with all laws, ordinances, orders, rules, regulations, standards, licensing requirements or otherwise of any state, federal, municipal or local authority or agency thereof, now in force and effect, or which subsequently are passed, enacted, issued, revised, required or promulgated, incident to, arising out of or in any way connected with the utilization of the Land and/or any activities conducted under, pursuant to or by virtue of this Lease. Not by way of limitation of the foregoing obligations, but in furtherance thereof, Lessee will not discharge, dump, bury or store on the Land or in or on any water or waters on, adjacent to or in the area of the land, for purposes of disposal, oil, chemicals, toxic substances or materials, and hazardous wastes or substances of any kind. Accordingly, Lessee specifically agrees to fully indemnify and hold Lessor harmless from and against any and all claims, demands, losses, judgments, causes of action, fines, penalties and costs, including but not limited to attorney's fees and costs of court, arising out of or connected with the non-compliance with or violation by Lessee of any of the provisions of this section, and any such non-compliance or violation shall result in the termination of this Lease. In addition to any other rights or remedies that Lessor may have at law or equity, Lessor shall have the right to specifically enforce Lessee's obligations under this Article 7. 8. MAINTENANCE, USE AND RESTORATION OF THE LAND 8.1 Lessee will maintain the Land during the tenn of this Lease in good repair, clear of refuse and litter. From time to time as necessary, Lessee will clear away any and all refuse and litter and any other unsightly debris. If Lessor notifies Lessee of any refuse or litter on the Land, Lessee shall have thirty days from the date of Lessor's notification to clear it away and clean the Land. At Lessor's sole discretion, Lessee's failure to comply with this Section 8.1, it shall be considered a breach of this Lease for purposes of Section 16 and result in the termination of this Lease and forfeiture by Lessee of all rights under this Lease, with no obligation by Lessor to refund any portion of the rental paid under Article 6. 8.2. Lessee will maintain all improvements, fences, gates and cattle guards now located on the Land or which may be placed on the Land by Lessee, and will build, maintain and/or erect all additional fences, gates and cattle guards required by Lessor. 8.3. Upon termination of this Lease, Lessee will return the Land to Lessor as it existed on the Effective Date or better condition. 8.4. Lessee, its employees, agents, contractors and subcontractors are prohibited from hunting, fishing, or carrying firearms on the Land. Additionally, Lessee shall not allow or permit any of its employees, agents, contractors or sub -contractors while on the Land or any of Lessor's adjacent or surrounding lands to do any of the following: (A) use, possess, sell, distribute or be under the influence of alcohol or illicit or non -prescribed drugs or substances at any time; (B) bring or possess dogs or other animals (except that Lessee may utilize dogs specially trained in drug detection that are supervised and accompanied by a law enforcement officer); (C) picnic; (D) ride horses, bicycles, motorcycles, quad -runners or ATVs; (E) to build fires; or (F) conduct any recreational Surface Lease between Marathon art Surface Lease Agreement, QLS No. Execution Version 2q 5 activity at any time. 8.5. Lessee will post no -trespassing signs unless already posted by Lessor, in which event Lessee agrees to maintain any existing signs during the term of this Lease. In the event any trespasser refuses to vacate or cease trespassing on the Land, Lessee shall promptly notify Lessor. Lessee may exercise any legal right or remedy available to Lessee against any parties not having the express written permission of Lessor to use or enter the Land for the protection of the leasehold estate, whether such right be criminal or civil in nature or available either in equity or at law; provided, however, Lessee shall promptly notify Lessor of any such action. 8.6. Lessee will maintain ail facilities, including sewerage, drainage, electrical and gas service and any other service which may be hereafter established in connection with the Land and will reimburse Lessor for any expenses it might incur in relation thereto. 8.7. Upon execution of this Lease, Lessee shall provide Lessor with current as -built drawings for the Communications Tower and all of its surface facilities located within the Land and shall provide Lessor with copies of such drawings within thirty days after any update of same. 8.8. Lessee shall take all necessary precautions, in conducting its activities under this Lease, to prevent any fires on the Land. Lessees performance of it obligations under this Section 8.8 shall not diminish its indemnity obligation under Article 14. 8.9. Lessee shall not permit public easements, public facilities, or public roads over, across, or through the Land. 8.10. Lessee shall notify Lessor of its intentions to commence construction on the Communications Tower at least five days before Lessee begins to build the Communications Tower. Lessee shall also comply with any request or stipulations that Lessor may have once put on notice of such commencement of construction. 8.11 Lessee shall obtain and maintain, and shall ensure that its contractors and subcontractors maintain, all licenses, permits, consents, approvals or other authorizations from all governmental or professional or other bodies having jurisdiction which are necessary for the performance of activities permitted under this Lease. 9. LIMITATION ON DAMAGES. Under no circumstances shall Lessor have any obligation to compensate Lessee for indirect or consequential loss, including loss of production, petroleum or petroleum products, loss of prospective economic advantage or benefit, or loss of business opportunity, punitive or exemplary damages. 10. REMOVAL OF PROPERTY. The Communications Tower, buildings, improvements, material, machinery, equipment and other property that may be constructed or placed on the Land by Lessee will not become part of the real property but will remain the personal property of Lessee. Lessee will remove all such personal property from the Land within ninety days following termination of this Lease. If Lessee fails to do so, in addition to any other rights Lessor may have in law or equity, Lessor will have the right but not the obligation to assume ownership of same without the necessity of a formal conveyance or bill of sale from Lessee, and/or to dispose of such property and retain any proceeds from sale. Surface Lease between Marathon and h n C,i� Surface Lease Agreement, QLS No. a Execution Version 6 11. LIENS. Lessee will pay all claims for labor and materials that may be furnished on its behalf, and will defend, indemnify and hold Lessor harmless against all liens, encumbrances and claims that may be filed against the Land and all liabilities, penalties, fines, payments, judgments, damages, losses, costs and expenses (including without limitation attorneys' fees and court costs) incurred and/or paid in connection with same. Lessee may, at its option, discharge any tax, mortgage, or other lien on Lessor's interest in the Land, in whole or in part, and thereby be subrogated to same, with the right to enforce same and to apply all rentals thereafter accruing under this Lease toward the satisfaction of same. 12. TAXES, Lessee agrees to pay any additional taxes which may be assessed directly or indirectly against the Land because of the existence of facilities placed or built on the Land by Lessee. Within thirty days after demand from Lessor together with supporting documentation, Lessee will pay all taxes that may be assessed directly or indirectly against the Land because of improvements constructed or placed on the Land by Lessee. Lessor will otherwise pay all taxes assessed against the Land based upon the valuation of the Land as of the date of assessment. The provisions of this Section 12 will survive termination of this Lease. 13. LATE PAYMENTS. Past due payments under this Lease will bear interest at the maximum rate permitted by law. 14. INDEMNITY. Lessee will defend, indemnify and hold Lessor harmless against all claims, demands, actions and lawsuits ("claims") and all liabilities, penalties, fines, payments, judgments, damages, losses, costs (both internal and external) and expenses (including without limitation attorneys' fees and court costs, costs of investigating claims, site assessments, testing and remedial actions) incurred and/or paid in connection with such claims, arising from or on account of any act or omission by Lessee, its employees, agents, invitees, contractors, and subcontractors, on or relating to this Lease or the Land. Lessee's defense and indemnity obligation will not apply to Lessor's sole negligence or willful misconduct. If Lessee fails to perform any act required by this Lease or otherwise comply with any of its obligations under this Lease, Lessor will have the right but not the obligation to perform the act or obligation that Lessee failed to perform, and Lessee will fully defend, indemnify and hold Lessor harmless against all matters for which Lessee is otherwise obligated to indemnify Lessor under this Article 14 incurred by Lessor in performing the act or obligation that Lessee failed to perform. If Lessee fails to comply fully with the terms of this Lease, Lessee will be obligated to reimburse all costs and expenses incurred by Lessor in enforcing this Lease, including but not limited to court costs and attorneys' fees. The provisions of this paragraph will survive termination of this Lease. 15. TRANSFER 15,1 By Lessee. This Lease is personal to Lessee, and Lessee will have neither the right nor the power to assign this Lease, in whole or in part, without Lessor's prior written consent. Lessor may withhold its consent or impose conditions for its consent to any such proposed assignment for any reason or for no reason, in Lessor's sole discretion. Any attempted assignment made in violation of this provision will be, in Lessor's sole discretion (and in addition to any other remedy available to Lessor at law or in equity), voidable and of no force. if Lessor consents to an assignment, Lessee and its assignee(s) will be jointly and severally liable for the performance of all obligations imposed upon Lessee under this Lease, and such assignment will not be binding upon or recognized by Lessor in any way unless and until a certified copy has been furnished to Lessor. The Surface Lease between Marathon and Chevron q Surface Lease Agreement, QLS No. � 1 Execution Version 7 granting of Lessor's consent to any assignment will be effective only as to the specific assignment then the express subject of such consent, and any subsequent assignment that may be proposed or attempted will be ineffective without Lessor's prior written consent. 15.2 By Lessor. Lessor may assign or transfer all or part of its rights or obligations under this Lease to any other person or entity at any time without Lessee's consent; provided, however, that any assignment by Lessor will be subject to the terms of this Lease. No change of ownership of Lessor's rights will operate to enlarge the obligations or diminish the rights of Lessee. No change in ownership of the Land will affect or bind Lessee until the purchaser furnishes to Lessee the original instrument of conveyance or a certified copy. Evidence of ownership must be supplied at least sixty days before the next succeeding rental payment is clue; otherwise, Lessee's payment of rental to the purchaser's predecessor in title will bind the purchaser. 16. BREACH. If Lessee defaults in the performance of any of its obligations under this Lease, Lessor may enforce the performance of this Lease in any manner provided by law. This Lease may be terminated at Lessor's discretion if such default continues for a period of thirty days after Lessor notifies Lessee of such default and Lessor's intention to terminate this Lease, and Lessee has not cured the default within such thirty -day period or has not undertaken actions satisfactory to Lessor to cure the default within such period and thereafter pursued such actions with reasonable diligence. Thereafter, Lessor will have the right, without further notice or demand, to enter the Land, remove all of Lessee's personal property that may be located thereon, and restore the Land to its condition on the Effective Date, without waiving any other remedies to which Lessor may be entitled. If, within ninety days after the date of Lease termination, Lessee does not fully reimburse the costs Lessor incurs in removing and storing Lessee's personal property and restoring the Land to its condition on the Effective Date, then in addition to Lessor's other rights under this Lease, Lessor may dispose of the stored property, retain any proceeds from the sale of such property, and maintain an action against Lessee for any deficiency and any other damages to which Lessor may be entitled. 17. NOTICES. All notices required or permitted under this Lease must be in writing and delivered by mail (postage prepaid) or by hand delivery to the address of the receiving party set out in the signature page to this Lease, unless otherwise specified in this Lease. Notice may also be delivered by facsimile sent to the facsimile number of the receiving party set out in the signature page to this agreement provided that the original notice is promptly sent to the recipient by mail (postage prepaid) or by hand delivery. Notices sent by email are ineffective. Except as otherwise provided in this Lease, notices are effective when received by the recipient during the recipient's regular business hours. Notices which do not comply with the requirements of this Lease are ineffective, and do not impart actual or any other kind of notice. 18. CONFLICT OF INTEREST. Conflicts of interest relating to this Lease are strictly prohibited. Except as provided in this Lease, neither Lessee, nor any director, employee, agent of Lessee, shall give to or receive from any director, employee or agent of Lessor any gift, entertainment or other favor of significant value, or any commission, fee or rebate. Likewise, neither Lessee nor any director, employee or agent of Lessee shall, without prior written notification thereof to Lessor, enter into any business relationship with any director, employee, or agent of Lessor or any Affiliate, unless such person is acting for and on behalf of Lessor. Lessee shall promptly notify Lessor of any violation of this Section. Any representatives authorized by Lessor may audit any and all records of Lessee for the sole purpose of determining whether there has been compliance Surface Lease between Marathon and yr n Surface Lease Agreement, QLS No. Execution Version 8 with this Section 18. Lessee shall maintain true and correct records in connection with all matters relating to this Lease and retain such records for at least twenty-four months after termination of this Lease. Lessor may, at its sole option, terminate this Lease with immediate effect for any violation of this Article 18. 19. TIME OF THE ESSENCE. Time will be of the essence in carrying out Lessee's obligations under this Lease. 20. INSURANCE 20.1 Neither the minimum policy limits of insurance required of Lessee under this Article 21 nor the actual amounts of insurance maintained by Lessee under its insurance program limit or reduce Lessee's liability and indemnity obligations in this Lease. 20.2 Lessee shall maintain the following insurance and all other insurance required by applicable law:: (B) Workers' Compensation and Employer's Liability Insurance as prescribed by applicable laws. The policy limits of the Employer's Liability Insurance must not be less than $1,000,000.00 per occurrence (C) Commercial General Liability (Bodily Injury and Property Damage) Insurance, including the following supplemental coverages: Contractual Liability to cover the liabilities assumed in this Contract; Products and Completed Operations; Explosion, Collapse and Underground Hazards; and Sudden and Accidental Pollution. The policy territory coverage must include all areas where operations are to be performed. The policy limits must not be less than $1,000,000 combined single limit per occurrence. (D) Automobile Bodily Injury and Property Damage Liability Insurance extending to all vehicles provided by Lessee in the performance of operations. The policy limits for this insurance must be the higher of the amount required by applicable law or $1,000,000 combined single limit per occurrence. 20.3 Policy Endorsements. (A) Lessee shall, or shall cause its insurer to, provide Lessor with thirty days' notice before canceling or making a material change to an insurance policy required by Section 21. (3) Waivers of subrogation in favor of Indemnitees must be included in the Workers' Compensation insurance policies required by Section 21.2(A). (C) The insurance required in Sections 21.2(B), 21.2(C) and 21.2(D) must include all of the following: (1) Lessor shall be named as additional insured to the extent of the liabilities assumed by Lessee under this Lease. The coverage provided to Lessor as additional insured must expressly include liability imposed or sought to be imposed upon Lessor for the contributory fault or negligence of Surface Lease between Marathon and Chevr Surface Lease Agreement, QLS No. 8. Execution Version 9 Lessor to the extent that Lessee has assumed such liabilities of Lessor under the Lease. (2) A provision that the insurance is primary with respect to all insured, including additional insured, and that no other insurance carried by Lessor will be considered as contributory insurance for any loss. (3) A cross liability or severability of interest clause which has the effect of insuring that each insured (including additional insured) is covered as a separate insured. 20.4 Evidence of Insurance. Before performing any operations on the Land under this Lease, Lessee shall provide Lessor with certificates or other documentary evidence satisfactory to Lessor of the insurance and endorsements required under this Article 21. Lessor's acceptance of this certificate does not constitute a waiver, release or modification of any of the insurance coverages and endorsements required under this Article 21. Lessee shall provide copies of insurance policies required under this Lease if requested by Lessor. Lessee acknowledges that failure to provide a certificate or a copy of a policy or other evidence as required by this Section 21.4 may lead to termination of this Lease. 20.5 Deductibles or Self -Insured Retentions. Lessee is solely responsible for payment of all deductibles or self-insured retentions that are applicable to any claims made against Lessor covered by Lessee's insurance policies. The level of these deductibles or retentions must be reasonable and compatible with that expected of a prudent operator in similar circumstances. 20.6 Waiver of Subrogation for Lessor's Physical Damage Insurance. Lessee shall obtain a written waiver of subrogation in favor of Lessor from its insurers who provide physical damage insurance with respect to property used in the performance of operations. 20.7 Conflict with Applicable Law. Lessee will not be required to carry the insurance coverages required in this Lease to the extent such coverages conflict with, or are void or otherwise unenforceable under, applicable laws or regulations. 20.8. Self Insurance. Subject to providing a self-insurance letter satisfactory to Lessor, Lessee shall be permitted to self -insure for all insurance requirements contained in this Agreement. 21. GENERAL PROVISIONS 21.1 Entire Agreement. This Lease comprises the complete and exclusive agreement between the parties regarding this Lease, and supersedes all oral and written communications, negotiations, representations or agreements in relation to that subject matter made or entered into before the Effective Date. 21.2 Severability. Each provision of this Lease is severable. If any provision is determined to be invalid, unenforceable or illegal under any existing or future law by a court, arbitrator of competent jurisdiction or by operation of any applicable law, this invalidity, Surface Lease between Marathon and Chevron Surface Lease Agreement, QLS No. 23a1 Execution Version 10 unenforceability or illegality will not impair the operation of or affect those portions of this Lease that are valid, enforceable and legal. 21.3 Waiver. The parties' failure to pursue remedies for breach of this Lease does not constitute a waiver any breach of this Lease or raise any defense against claims for breach of this Lease. The waiver or failure to require the performance of any covenant or obligation contained in this Lease or pursue remedies for breach of this Lease does not waive a later breach of that covenant or obligation. 21.4 Counterparts. This Lease may be executed in any number of counterparts, each of which will be deemed an original of this Lease, and which together will constitute one and the same instrument; provided that neither Party will be bound to this Lease unless and until both parties have executed a counterpart. 21.5 Authorized Representatives. Each Party represents and warrants that the Lease has been duly executed and delivered by its authorized officer or other representative and constitutes its legal, valid and binding obligation enforceable in accordance with its terms, and no consent or approval of any other person is required in connection with its execution, delivery and performance of this Lease. 21.6 Review by Counsel; interpretation. The Parties acknowledge that they have had an adequate opportunity to review each and every provision contained in this Agreement, including the opportunity to submit the same to legal counsel for review and comment. Based on said review and consultation, the Parties agree with each and every term contained in this Agreement. Based on the foregoing, the Parties agree that the rule of construction that a contract be construed against the drafter, if any, shall not be applied in the interpretation and construction of this Agreement. 21.7. Survival. Despite termination of this Agreement for any reason, all provisions in this Agreement containing representations, warranties, releases and indemnities, and all provisions relating to audit, confidentiality, insurance, disclaimer of certain remedies, limitations of liability, retention and inspection of records, dispute resolution and governing law, and all causes of action which arose prior to completion or termination, survive indefinitely until, by their respective terms, they are no longer operative or are otherwise limited by an applicable statute of limitations. 21.8. Third Party Rights. No Person who is not a Party to this Agreement has any rights under this Agreement or may enforce any provision in this Agreement. 21.9. Time of the Essence. The Parties acknowledge that time is of the essence with respect to the performance of all obligations under this Agreement. 21.10 Governing Law. This Agreement is governed by, and interpreted under the laws of the State of Colorado, without regard to its choice of law rules. The remainder of this page left intentionally blank. Surface Lease between Marathon and hevron Surface Lease Agreement, QLS No. Execution Version 125' 11 IMPORTANT NOTICE: THIS AGREEMENT CONTAINS PROVISIONS REGARDING INDEMNITIES AND WARRANTIES THAT EXPRESS THE AGREEMENT OF THE PARTIES CONCERNING CLAIMS ARISING OUT OF THIS AGREEMENT. The Parties have executed this Agreement in duplicate as evidenced by the following signatures of authorized representatives of the Parties: LESSOR: CHEVRON U.S.A. INC. Signature: Name: (-. tP/5 Title: Attorney -in -Fact ADDRESS FOR NOTICES: 11111 S. Wilcrest Houston, Texas 77099 Attention: Land Manager Facsimile: Surface Lease between Marathon and hevron Surface Lease Agreement, QLS No. Execution Version a9 LESSEE: MARATHON OIL COMPANY Signature: Na C: i:-) • < • �4 j e r 4 Title: t: {-�-� ,r n e - t -- F -J ADDRESS FOR NOTICES: 5555 San Felipe Road Houston, TX 77056 Attention: Land Manager, Marathon Oil Company Facsimile; (713) 296-4495 12 STATE OF TEXAS COUNTY OF HARRIS § § Before me, the u dersigned authority personally appeared known to me to be the 79 iv el- ii - / for Marathon Oil Company, an Ohio corporation, and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the -'day of PR -5 `^s f , 2009. DEBORAH D. KUHLMAN Notary Public, State of Texas My Commission Expires January 17, MO My Commission Expires: STATE OF TEXAS COUNTY OF HARRIS § § �! e' w' u%.i Ni2NAAIN..Vrafirr3 Notary Public, State of Texas Before me, the undersigned authority personally appeared • 1 �r known to me to be the Attorney -in -Fact for Chevron U.S.A. Inc., a Pennsylvania corporation, and acknowledged to nye that he executed the same for the purposes and consideration therein expressed on behalf of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this thea/ day of, LUISA WAINSTEIN Notary Punic, State of Texas Cnrrwn t&MiCk 2 My Commission Expires: 5 -30-%� Surface Lease between Marathon an vron Surface Lease Agreement, QLS No. Execution Version Notary Public, State of Texas 13 EXHIBIT A — TOWER NUMBER SEVEN CONSTRUCTION DESIGN AND DETAIL SEE ATTACHED Surface Lease between Marathon and Chevron cy Surface Lease Agreement, QLS No. Execution Version 14 WILLIAM H. SMITH & ASSOCIATES P.C. SURVEYING CONSULTANTS WO MST =VW NORM PECIOQ 309'-105-46118 alMIN -aI - alnnr MINX yr 307 -era - van sigenftbpaaom TOWER NUMBER 7 LOCATED IN THE NE/4, SECTION 5, TOWNSHIP 6 SOUTH, RANGE 96 WEST. V!ciWi7` MAP Fan MARATHON OIL COMPANY P.O. BOX 3128 HOUSTON, TX 77253 5555 SAN FELIPE HOUSTON. TX 77056 DRAWN BY: CED JOB NO: 26099 DATE: 07/20/09 SCALE: 1" 0. 2 MILES TOPO MAP Al — • T6S,. s5 u It -4?:kiZrre"72i. WILLIAM H. SMITH & ASSOCIATES P.C. SURVEYING CONSULTANTS 660 for memo NORM PSA@ atty—res—asse MAR nr 307-516-3039 res.whamitiipaocim DRAWN 9Y. CEO 1 JOB NO: 26099 1 DATE: 07/20/09 TOWER NUMBER 7 LOCATED IN THE NE/4, SECTION 5, TOWNSHIP 6 SOUTH, RANGE 96 WEST. MAP FbRS ARATHON OIL COMPANY P.O. BOX 3128 HOUSTON, TX 77253 5555 SAN FELIPE HOUSTON. TX 77056 SCALE: 1" 1 MILE TOPO MAP A2 1 ,1 zPipip ) } I 116,T , _, -w. 'N 4liEG_4 ,'\ �r �`1- • ." r =fir .<y-. 1• /f 4-7 t4iN r:,,, % r y.- _r - Y .)) rte . 1 r 'r sem- • • . ..r� 1 WILLIAM WILLIAM H. SMITH & ASSOCIATES P.C. SURVEYING CONSULTANTS 66O AST =OM NORTH F71ONN 907 -M -SOWS GROW IBM ►P 907-676-s699 wpm vIthpo. corn TOWER NUMBER 7 LOCATED IN THE NE/4, SECTION 5, TOWNSHIP 6 SOUTH, RANGE 96 WEST. DRAWN 13V: CED 1 JOB NO: 26099 I DATE: 07/20/09 SCALE: 1" = 2000' 0, UNITY MAP FOR ARATHON OIL COMPANY P.O. BOX 3128 HOUSTON, TX 77253 5555 SAN FELIPE HOUSTON. TX 77056 TOPO MAP A3 EXISTING WATER LINE • J • / jt11 0 EXISTING 25' PIPELINE R -O -W 1 EXISTING GAS LINE o' TIE N 64'46'16" E 2379.5 NE C.C. SEC. 5, T6S, R96W '.3 a1 TOWER i 4 S' .e ihh© 1lom :111-I %AI 1111 SITE DETAIL • TIE N 64'46'16" E 2379.5 GATE -Ne..." . ,NE C.C. SEC. 5, T6S, R96 W \f' / i TOWER/BASE / / CONTROL PANEL CONCRETE ` • . FOUNDATION FENCE_ $ SEE SITE DETAIL TOWER DETAIL SCALE 1=10 FRONT VIEW SOLAR PANELS GROUND LEVEL N BATTERY BOX SOLAR PANELS SIDE VIEW N CONCRETE IN UNDERGROUND TUBE WILLIAM H. SMITH & ASSOCIATES P.C. SURVEYING CONSULTANTS 550 EAST SECOND NORTH PHONE 307-878-3638 GRBBN wait WY 907-876-38911 www. whamltbp'. coin TOWER NUMBER 7 LOCATED IN THE NE/4, SECTION 5, TOWNSHIP 6 SOUTH, RANGE 96 WEST. VICINITY MAP FOR MARATHON OIL COMPANY P.O. BOX 3128 HOUSTON, TX 77253 5555 SAN FELIPE HOUSTON. TX 77056 DRAWN BY: CED JOB Na 26099 DATE: 07/20/09 SCALE: NOTED PAGE 1 OF 1 NOXIOUS WEED MANAGEMENT PLAN FOR MARATHON OIL COMPANY GARFIELD COUNTY, CO. Prepared by Palter & Girard, Inc. August, 2007 INTRODUCTION: This plan is intended to be used as a guide for the management of Garfield County and State of Colorado designated noxious weeds on land leased, owned or managed by Marathon Oil Company in Garfield County, Colorado. Priority will be given to eradication of Garfield County designated noxious weeds. (See attached list). A Noxious Weed Inventory of will be performed on each proposed construction site as they are submitted to Garfield County for approval. The results, including a map of any infestations will accompany this document, Site specific control measures will also be included. This Weed Management Plan will emphasize prevention and early detection of noxious weeds which may occur on disturbed areas. I, Inventory and Mapping A visual inspection of the proposed project will be performed prior to the approval process. A map of the area will be included. The area will be re -inspected annually and if found, new weed infestations will be added to the map using GPS coordinates. II. Prevention One of the best ways to prevent noxious weed from becoming established is to re - vegetate all newly disturbed areas with competitive species of plants as soon after disturbance as feasible. Seed mixtures for revegetation will be designated by Marathon Oil Company with the assistance of the Natural Resources Conservation Service or Colorado State University Cooperative Exstension Note: The recommended seed mixtures should be applied with a broadcast seeder followed by harrowing with a sharp- toothed harrow to achieve a cover depth of 1/4 to 2 niches. Drill seeding and/or hydroseeding may be utilized in some areas. If mulch is used it should be Certified weed -free straw or hay or packaged hydro mulch. Revegetation projects will be evaluated one year after completion for effectiveness. III. Treatment Priority will be given to Garfield County listed noxious weeds. Herbicide treatments will be approved by the Regulatory Specialist for Marathon Oil Company. All herbicide treatments will be performed by Colorado Department of Agriculture licensed personnel using approved herbicides. Product label directions will be strictly adhered to. Special precautions to protect sensitive vegetation, surface and ground water resources will include: 1. No herbicide applications when wind exceeds 10 mph to reduce the chance of drift and related damage to non -target plants. 2. Only aquatic labeled herbicides will be used near surface water and wetlands. 3. Bareground herbicides will not be applied if heavy rainfall is expected to occur on the same day to reduce the chances of the product moving off-site. Methods of Treatment: Chemical: Due to the nature of average weed infestations, chemical treatments will be the most effective and cost efficient. Herbicides will be applied by truck mounted power sprayers, ATVs and/or backpack sprayers as appropriate for each individual situation. Specific herbicides and application rates for commonly occurring noxious weeds are included in the attached document (Appendix A). Herbicide treatments of noxious weeds, if necessary, are expected to begin in the month of June at this elevation and continue thru August. Mechanical: Annual and Biennial noxious weeds may be controlled by chopping the root below ground level with a shovel or hoe. This method can be used by Marathon field personnel when individual plants or small infestations are encountered. Evaluation of Treatments and Follow-up Treatments All treatments will be evaluated for efficacy in the fall and re -treatment will be performed if necessary. Inspections will be conducted throughout the spraying season and any new findings will be added to the GPS mapping system. TREATMENT RECOMMENDATIONS: BIENNIALS Bull thistle: Spray with Tordon 22 K herbicide at 1 pica per acre when plant is in the rosette stage of growth, increase rate to 1 'A pints when plant has bolted. Musk thistle: Same as Bull thistle. Houndstongue: Spray with Tordon 22k herbicide at 1 1/2 pints per acre in the rosette stage of growth. Common mullein: Spray with Escort or Telar herbicide at 1 ounce per acre prior to bloom. Add a quality surfactant. Or spray with Tordon 22K at 1 pint per acre when plant is in rosette stage. Common burdock: Spray with Redeem herbicide at 2 quarts per acre in rosette or in early bolt stage of growth. ANNUALS Russian thistle: Spray with 2,4-D 41b. Amine at 2 quarts per acre in early spring. Add a high quality surfactant. Or spray with Roundup at 2 quarts per acre in early spring. Kochia : Same as Russian thistle. PERENNIALS Canada thistle: Spray with Tordon 22K herbicide at 1 quart per acre when plant is in bud to bloom stage of growth or during fall regrowth. BAREGROUND TREATMENTS: Spray designated areas with a preemergent herbicide such as Sahara DG at 10 pounds per acre plus Roundup at 2 quarts per acre in early spring prior to normal periods of rainfall. 11 /r 22 / 1.� iY ' 13 1 12 I" 20 Legend PROPOSED FACILITIES • :11411144/112413 YATES LSI e.42SIN 1PROWKed 1 ++ F2OP PI C32RIDOR e.'OT 61.144121110 e4rr1 PH•ew El kas PN • Sty n. 4 NIS. 11Poi •IWn1g Olarri PN - PlrpwN 6I Toerr Ea11rtr2 i♦OS111TI(CPI OPT) ASSUMED WELL LOCATIONS TO BE OF 4.1 21321 FDC 221112E 211E To 44 11.144410 • I12XED 1,Elli6CATi642 — TRACK ENDS 26613D 612212 FL Val AV. Lefu Ira91. 1T 23 14 j �J. ;�'-� 01 . r 11 3 \ 4 • 2 1 1 14 '.- • 21 e1 2 as 1I . tf 1 • 3 17 • f 16 14 0 11 i 1 w H !e 21 27 24 71 IS 21 11 IP u 22 14 1S '12 11 24 12 17 14 11 21 04 22 .L . ruu Nyn;i lerxr444 2.4 !d e«+ rs.n1-t -o 23.143 14 444.,,44,4404444---, mla Marathon Oil Company V`RQ Piceance Basin AWN Pad and Tower Locations 1477a7eaonr Fra+nw 1+.-11 1. PUMPING STATION The proposed Pumping Station is located just west of Parachute Creek and just north of Williams Grand Valley Gas Plant. Existing vegetation on the site includes Big sagebrush, Rabbitbrush and Wheatgrasses on the undisturbed portion. Areas which have been previously disturbed are inhabited with annual weeds such as Russian thistle and Sunflower spp. A noxious weed inventory was conducted on August 1, 2007 by Paller & Girard, Inc. The only noxious weed detected was Musk thistle (Carduus nutans). The infestation is less than 25 plants in size and will be sprayed with an appropriate herbicide prior to construction. This site will be monitored for re -infestation and follow-up treatments will be performed as necessary, Existing vegetation at Pumping Station site. 0 vi 4 1 N A } 628 E 00 o 0 8 r 108°08.000' W 108°09.000' W WGS84 108°05.000' W 08°06.000' W O O O h O 0 108°08.000' 11. ROCK QUARRY The proposed Rock Quarry site is located at N39 33569', W108 09.884'. Existing vegetation this site features Big sagebrush, Oak, serviceberiy, Snowberry, needlcgrasses and Lupine. A noxious weed inventory was conducted on August 1, 2007 by Palter & Girard, Inc. No noxious weeds were discovered on this site. After construction of the quarry, the site will be re -inventoried and mapped . If any noxious weeds are discovered, they will be treated with and appropriate herbicide. Existing vegetation at the proposed Rock Quarry Site. II1. PROPOSED GAS GATHERING RIGHT-OF-WAY The proposed gas gathering system is approximately 5 Hiles long (see attached map) and traverses a variety of elevations and vegetation types. Most of the proposed right-of- way is through undisturbed native vegetation as shown in the photographs below. A noxious weed survey was conducted on August 1, 2007 by Palter & Girard, Inc. Most of the accessible sections of the right-of-way were walked by the surveyor. The more difficult to access sections were entered at random intervals from roads and other pipelines and visual inspections were performed. Only a few individual noxious weed plants were encountered and physically removed by the surveyor. Plants found were Bull thistle (Cirsiuin vulgare) and Houndstounge, (Cynoglossum officianle). One small infestation of I-loundstongue and Common mullein was found in an area that bad been overgrazed (See attached map). This area will be treated with an appropriate herbicide prior to any construction on the site. The entire right-of-way will be monitored annually for new infestations of noxious weeds and timely treatments will be made if necessary. 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',../ ' f`r .7 \ . .• ;14 ' ----`• 5 -`-' ' \''..--, : `.., '.,•, / J• • 2 r : - • ' 0.-14 24 f --ILI — / < ; - $000 IvArX,ded0 oog mph 108°14.000' W NATIONAL GEOGRAPHIC 108°13.000' w upu ` . .•/ '%7:71:" m/ 108°12.000' W MI; ES aStin 5.1:0 5 rECIVIFTTES co :Erts tuw, /-r- • if // 108°111000' w •". WGSS4 108°10.000' W -Krim 111/2° 08/06/07 39°30.000 N III. A. TYPICAL VEGETATIVE COVER ON EXISTING RIGHT -OIC -WAY The proposed gas gathering system parallels an existing pipeline right-of-way in some areas. The existing right-of-way was inspected for noxious weeds during the course of the inventory. The revegetation in these areas has not yet become established and the vegetative cover is composed mainly of grasses and annual weeds. A few individual Houndstongue and Bull thistle plants were encountered and were hand pulled. Typical vegetative cover on the existing pipeline. MARATHON OIL COMPANY Communication Tower 7 Site Wildlife and Sensitive Areas Report Cover Photo: View of communication tower 7 site. Prepared for: Marathon Oil Company 743 Horizon Dr., #220 Grand Junction, Colorado Prepared by: WestWater Engineering, Inc. 2516 Foresight Circle, #1 Grand Junction, CO 81505-1022 In Cooperation with: Cordilleran Compliance Services Grand Junction, CO October 2009 1.0 INTRODUCTION At the request of Cordilleran Compliance Services (Cordilleran), on behalf of Marathon Oil Company (Marathon), WestWater Engineering (WWE) biologists conducted field surveys and assessments of wildlife, wildlife habitats, noxious weeds, and habitats for sensitive plant species of a site proposed to be developed for installation of a communications tower, which would be known as Tower 7 (Figure 1). Surveys were conducted on October 5, 2009. This document reports the results of the survey. The site is located in the NE'/ of Section 5, Township 6 South, Range 96 West, 6th Principal Meridian. The proposed communications tower is approximately 8 miles northwest of the Town of Parachute at an elevation of approximately 8,100 feet. Tower 7 will be accessed via Garfield County Road 215, north of the Town of Parachute to Garden Gulch, and then via a series of private roads. The project site is located at the end of a small ridgeline that ends at Gardner Gulch. Vegetation surrounding the open project site is composed of sagebrush shrublands, mountain shrublands (Oak brush-serviceberry) and Douglas -fir woodlands. A variety of grasses and forbs are distributed throughout the understory. A few common species include various wheatgrass species (Elymus spp. or Pascopyrum spp.), bluegrass (Poa spp.), western yarrow (Achillea lanulosa), dandelion (Taraxacum spp), and lupine (Lupinus spp). 2.0 SURVEY METHODS A preliminary review of the project area using an aerial photograph was conducted to familiarize personnel with vegetation types and terrain and as an aid to help determine the likelihood of the presence of threatened, endangered, or sensitive wildlife and plant species. Field data, including general project location, boundaries, and reported features, were verified and/or recorded with the aid of a handheld global positioning system (GPS) receiver utilizing NAD83/WGS84 map datum, with all coordinate locations based on the Universal Transverse Mercator (UTM) coordinate system. WWE biologists conducted pedestrian surveys of the area to identify and locate wildlife species, wildlife sign (tracks, fecal droppings, and vegetation disturbance), vegetation communities, and wildlife habitats. Vegetation types were determined through field identification of plants, aerial photography, and on -the -ground assessments of plant abundance. Visual searches for raptor and other bird species nests were focused on Douglas -fir stands and cliff nesting habitat within a 0.25 mile distance from the project site. Nest searches and bird identification were aided with the use of binoculars. Photographs were taken of the general project location, surrounding vegetation, and terrain. 3.0 RESULTS 3.1 Threatened, Endangered, Sensitive Species (TESS) Special status species of plants that may be present in the project area, and their habitats, are listed in Tables 1 and 2 in two categories: 1) Federal Candidate Species (1 species), and 2) BLM Sensitive Species (4 species). Nomenclature and habitat descriptions are based on the CHNP literature (Spackman et al. 1997). WestWater Engineering Page 1 of 12 October 8, 2009 No TESS plants were observed during the survey. The on-site terrain and soils do not appear suitable for the species listed in Tables 1 and 2. Table 1. Potential Federally -listed Threatened, Endangered and Candidate plant species. Scientific Name Common Name Status* Habitat Preference Penstemon debilis Parachute penstemonachute C Endemic to Garfield County with only five known occurrences; sparsely vegetated, south facing, steep, white shale talus in the Mahogany Zone of the Parachute Creek Member of the Green River Formation. Elevation: 7,800-9,000 ft E= Federal Endangered, T= Federal Threatened, C= Federal Candidate Table 2. BLM or CNHP listed sensitive plant species which may occur in the project area. Scientific Name Common Name Habitat Preference Gentianella tortuosa Utah gentian Green River Formation; barren shale knolls and slopes; elevation 8,500 to 10,800 feet. Lesquerella parviflora Piceance bladderpod Shale outcrops of the Green River Formation; on ledges and slopes of canyons in open areas; elevation 6,200 to 8,600 feet. Mentzelia rhizomata Roan Cliffs blazingstar Broken shale slopes of the Green River formation. Typically found on talus slopes below the Roan Cliffs. Thalictrum heliophilum Sun -loving meadoing Broken shale slopes of the Green River formation. Typically found on talus slopes below the Roan Cliffs, often in habitat similar to Roan Cliff blazingstar. 3.2 Greater Sage -Grouse The Greater Sage -Grouse occurs in suitable habitat along and adjacent to the existing two track road accessing the site, and is recognized by the BLM and CDOW as a species of special concern. Biologists inventoried the area through suitable habitat looking for sage -grouse, as well as grouse sign (droppings, feathers, tracks). Special attention was focused on potential sage -grouse habitat on ridge -tops and other suitable habitat within the immediate area. The Garden Gulch Lek is an active sage -grouse lek site situated approximately 1.2 miles southwest of the proposed tower site. Breeding occurs in the spring on leks (strutting grounds), where dominant males display to attract females to mate. Once bred, the females disperse to build a nest and lay eggs. Recent research by the CDOW reveals that approximately 80 percent of the females nest within a 4 -mile radius of the lek on which they were bred (CDOW 2008). Residual grass cover mixed with a quality herbaceous component in the sagebrush understory results in increased survival of the nests and chicks through their early weeks after hatching. Although the Garden Gulch lek is within four miles of the project site, it is unlikely that sage - grouse rely on the specific habitat provided by the footprint of the tower site. WestWater Engineering Page 2 of 12 October 8, 2009 The site (cover photo) consists of a variety of grasses and weedy annual species resulting from disturbance associated with a nearby pipeline. The site has characteristics (no sagebrush, open terrain, adjacent to suitable sagebrush habitat) of known lek sites on the Roan Plateau; however, due to its small size it is unlikely to support breeding sage -grouse. The existing unimproved access road traverses suitable nesting, brood -rearing and foraging habitat for sage -grouse. Sage -grouse sign (droppings) was observed near the site along the unimproved access road during the surveys (Figure 1). 3.3 Raptors Several raptor (birds of prey) species nest, reside, forage or pass through the general area of the proposed tower site. Raptor species that are common to the area include Golden Eagle, Red- tailed Hawk, Cooper's Hawk, Sharp -shinned Hawk, Peregrine Falcon, Flammulated Owl, Long- eared Owl and Great Horned Owl. Potential raptor species within the project area are listed in Table 3. Table 3. Raptor species that may be present in the project area. Common Name Scientific Name BCC Habitat & Breeding Records American Kestrel Falco sparverius N Coniferous and deciduous forests and open terrain with suitable perches. Nests in cavities in trees, cliffs and buildings. Cooper's Hawk Accipiter cooperii N Cottonwood riparian to spruce/fir forests, including pinon/juniper woodlands. Nests most frequently in pines and aspen. Flammulated Owl Otus flammeolus Y Found commonly on the Roan Plateau, nests in aspen groves above 7,000 ft. Golden Eagle Aquila chrysaetos Y Grasslands, shrublands, agricultural areas, inon- uni er woodlands and ponderosa orests Prefers nest sites on clifs and sometimes in trees in rugged areas. Great Horned Owl Bubo virginianus N Occupies diverse habitats including riparian, deciduous and coniferous forests with adjacent open terrain for hunting. Long-eared Owl Asio otus N Occupies mixed shrublands. Nests and roost in sites in dense cottonwoods, willows, scrub oak, junipers, tamarisk and dense forest of mixed conifers and aspens. Northern Goshawk Accipter gentiles N Typically in high elevation coniferous or aspen forest. Can occur in pinon-juniper habitat. Northern Harrier Circus cyaneus Y Grassland, shrubland, agricultural areas, and marshes. Nests in areas with abundant cover (e.g., tall reeds, cattails, grasses) in grasslands and marshes. Also known to nest in high - elevation sagebrush. WestWater Engineering Page 3 of 12 October 8, 2009 Table 3. Raptor species that may be present in the project area. Common Name Scientific Name BCC Habitat & Breeding Records Northern Saw -whet Owl Aegolius acadicus N Mountain and foothills forest and canyon country. Significant use of pinon juniper woodland and Douglas -fir. Peregrine Falcon Falco peregrines Y Pinon juniper woodlands and coniferous and riparian forest near cliffs. Nests on ledges of high cliffs away from human disturbance. Red-tailed Hawk Buteo jamaicensis N Diverse habitats including grasslands, pinon- juniper woodlands and deciduous, coniferous and riparian forests. Nests in mature trees (especially cottonwood, aspen, and pines) and on cliffs and utility poles. Sharp- shinned Hawk Accipiter striatus N High density young, or even -aged, stands of coniferous forest and deciduous forests of aspen or oak brush with small stands of conifers. Swainson's Hawk Buteo swainsoni Y Nests in oak brush in shrubland and woodland communities on the Roan Plateau. Two raptor nests were observed during the survey within 0.25 miles of the tower site (Figure 1, Table 4). The nests were unoccupied at the time of the survey, as they were observed outside of the normal nesting season. Table 4. Raptor Nests in Project Area (Zone 12) Species Fasting Northing Distance From Site Unknown 746839 4383455 0.15 miles Unknown 746839 4383255 0.25 miles 3.4 Birds of Conservation Concern (BCC) WWE biologists surveyed the project area for the presence of the sensitive BCC (Table 5) and their habitat that could be present in the project area as described in the Colorado Breeding Bird Atlas (Kingery 1998), Colorado Birds (Andrews and Righter 1992), and Birds of Western Colorado Plateau and Mesa Country (Righter et al. 2004). No BCC were observed during the survey, however the timing of the survey was conducted outside the typical breeding and nesting season for migratory birds. There is potential for Brewer's Sparrows to nest and forage in the sagebrush shrublands near the project area. WestWater Engineering Page 4 of 12 October 8, 2009 rlui Unknown Grouse Sign Marathon Oil Company Communication Tower 7 Site Biological Survey October 2009 elAN estWater Engineering EnvironmentalConsuitIng Services Miles o 0050.1 0.2 0.3 0.4 Source: ZACordilleran Compliance ServIcelMarathon\Garden Gulch Radio Tower \Reports\Drafts\Figure 1 Table 5. BCC species that may be present in the project area Common Name Scientific Name Habitat & Breeding Records Black Rosy Finch Leucosticte atrata High elevation woodlands and shrublands Brewer's Sparrow Spizella breweri Sagebrush shrublands. Confirmed breeder in Garfield County. Brown -capped Rosy -Finch Leucosticte australis High elevation woodlands and shrublands. This species is a confirmed breeder in Garfield County. Pinyon Jay Gymnorhinus cyanocephalus Pinon juniper woodlands. Confirmed breeder in Garfield County. 3.5 Terrestrial Species 3.5.1 American Elk and Mule Deer The proposed tower site is within CDOW Game Management Unit (GMU) 32. In GMU 32, the project area is situated within mule deer and American elk overall range. It is also included in mule deer and elk summer range and within 0.95 miles of a Roan Plateau elk production area. No mule deer production areas are mapped by NDIS, but the entire area is within mule deer fawning habitat. During the survey, mule deer and elk droppings as well as fresh tracks were observed frequently in the project area. There are no mule deer or elk winter ranges in the project area, due to the high elevation and deep snows that cover the area during the winter. Elk and mule deer utilize the summer range extensively on the Roan Plateau, following the snow line up to higher elevations in the spring. Mule deer rely on the existing sagebrush and shrubs for their primary food source, while elk rely primarily on available grasses for food. Adjacent areas of aspen, Douglas -fir, and scattered oak brush/serviceberry copses provide necessary forage and production areas as well as escape, thermal, and loafing cover for deer and elk, particularly during the summer period. 3.5.2 Black Bear and Mountain Lion CDOW-NDIS mapping shows the site to be within overall range for black bear and mountain lion. Black bear are a common resident mammal on the Roan Plateau. Black bears are omnivorous and the diet depends largely on what kinds of food are seasonally available, although their mainstay is vegetation. In spring, emerging grasses and succulent forbs are favored. In summer and early fall, bears take advantage of a variety of berries and other fruits. In late fall, preferences are for berries and mast (acorns), where available. When the opportunity is present, black bears eat a diversity of insects, including beetle larvae and social insects (ants, wasps, bees, termites, etc.), and they kill a variety of mammals, including rodents, rabbits, and young or unwary ungulates. The Roan Plateau provides important habitat to black bear during the late spring, summer and fall months with its abundance of berry and mast producing plants including WestWater Engineering Page 6 of 12 October 8, 2009 serviceberry, chokecherry and Gambel oak. Black bear are in hibernation from mid-November through May. Mountain lion typically follow migrating deer herds in search of deer as the primary food source. They tend to have large territories and are highly mobile as they search for food or new territories. Rocky terrain near woodland habitat provides the habitat mountain lions prefer for hunting. These habitat conditions occur within the project area. Mountain lion could travel through and hunt in the project area during the summer months. The project area is not mapped by CDOW as a potential mountain lion conflict area. 3.5.3 Small Mammals Common small mammal species (small game, furbearers, non -game) include coyote (Canis latrans), golden -mantled ground squirrel (Spermophilus lateralis), northern pocket gopher (Thomomys talpoides), white-tailed jackrabbit (Lepus townsendll), and least chipmunk (Taenias minimus). 3.5.4 Other Bird Species The shrublands, aspen groves, understory grasses and Douglas -fir stands in the project area provide nesting and foraging habitats for various other migratory and non -migratory bird species, depending on the season of the year. Bird species observed during the survey included Black - billed Magpie (Pica pica), Common Raven (Corvus corax), Vesper Sparrow (Pooecetes gramineus), Cliff Swallow (Petrochelidon pyrrhonota), and Green -tailed Towhee (Pipilo chlorurus). 3.5.5 Reptiles Western terrestrial garter snakes (Thamnophis elegans) have previously been observed in the vicinity of the project area. This species is common on the Roan Plateau and is typically observed around perennial creeks and ponds. Smooth green snake (Liochlorophis vernalis) were not observed during surveys, but are known to occur on the Roan Plateau (Hammerson 1999). This species is not abundant across western Colorado; however, it is not listed as a sensitive species. Short -horned lizards (Phrynosoma hernandesi) have been observed in the upland sagebrush habitats on the Roan Plateau. Adult and young -of -the -year short -horned lizards have been documented nearby. From Garden Gulch north, this species appears to be fairly abundant along ridgelines in sagebrush habitats, and it is not listed by the CDOW as a sensitive species. 3.6 Amphibians Tiger salamanders (Ambystoma tigrinum) are the only species of amphibian inhabiting the Roan Plateau. This species likely occurs across the Roan Plateau in suitable ponds and in the perennial streams and wetlands. The species prefers to breed in permanent ponds and small reservoirs, neither of which is found in the project area. Tiger salamander is not a sensitive species. 3.7 Noxious Weeds No noxious weeds listed by Garfield County or the State of Colorado were observed on the tower site or along the existing two track access road to the site. Along the nearby pipeline WestWater Engineering Page 7 of 12 October 8, 2009 (approximately 40 yds to the north) there is a prevalence of weedy annuals including cheatgrass, biologists identified Russian thistle and annual mustards, which are not listed by the State of Colorado or Garfield County. 3.8 Army Corp of Engineers (ACOE) WWE biologists searched for drainages showing characteristics of Waters of the U.S. (WOUS), but none were found on the site or along the access to the site. 4.0 AFFECTS TO WILDLIFE 4.1 Greater Sage -Grouse Sage -grouse are highly dependent on sagebrush dominated habitats on the Roan Plateau. The quality and quantity of this habitat type dictates its suitability for sage -grouse. Disturbance to sagebrush shrublands that reduces the availability and suitability of presently occupied habitat would affect this species. However, no disturbance to the open sagebrush habitat located near the proposed tower is required. The nearest lek to the proposed communication tower is the Garden Gulch Lek, located 1.2 miles from the site. Introduction of a suitable perch atop the tower structure may increase the possibility of raptor predation on sage -grouse nesting, adults rearing broods and sage -grouse foraging in the area by providing a hunting perch. 4.2 Raptors No nest sites are located where removal of the nest tree is a concern. Active nests could potentially be indirectly affected by disturbance associated with tower construction, including equipment and human presence. Nest sites that are in direct line of site of construction activities have the most potential for being adversely affected. Effects of disturbance to nest sites are often mitigated when vegetation or terrain features are present to hide the nest from direct line of sight or when development takes place outside of nesting seasons. 4.3 American Elk and Mule Deer Potential effects include the loss of a small amount of elk and mule deer and elk overall ranges and summer ranges. Human presence and activities during the project may create a direct disturbance for elk and deer populations within and immediately adjacent to the project area. This disturbance may add stress to these species during critical times of the year and may also cause avoidance of the area. 4.3.1 Small Mammals, Birds (BCC), and Reptiles Effects to these species are expected to be minimal due to the amount of available habitat in the surrounding areas. The footprint of the tower site is unlikely to affect these species. WestWater Engineering Page 8 of 12 October 8, 2009 4.3.2 Aquatic Wildlife Effects to aquatic wildlife are not expected since habitat for these organisms is not found in or near the project and the amount of earthmoving required for the project is not likely to increase silt loading or contribute to pollution in water sources. 5.0 MITIGATION RECOMMENDATIONS 5.1 Planning for Sensitive Time Periods and Areas 5.1.1 Greater Sage -Grouse In order to reduce the likelihood that sage -grouse populations decline near the project area, effective pre -development planning and post -development practices offer the best prospect for mitigating adverse affects to sage -grouse populations. Planning development with projects engineered to avoid, minimize, and mitigate affects of development results in the most favorable mitigation outcome. Construction conducted outside of breeding season will reduce the likelihood of disturbance to nesting and brood -rearing sage -grouse. Potential effects would be minimized if construction activities could take place after August 1 and before March 1, which is outside the breeding season of March 1 -July 31 (CDOW 2008). However, due to the small size of the project footprint and short duration needed for construction, it is unlikely that sage -grouse would be adversely affected if construction did occur during the breeding season. If possible, limiting any disturbance to intact sagebrush habitats surrounding the tower site should be avoided. The top of the tower should be protected with a device that eliminates the potential for raptor perching. The device should be similar to the triangular devices used for this purpose on utility poles. 5.1.2 Raptors Activities associated with the proposed project have minimal potential to impact raptor populations due to the seasonal timing, project scale, and short duration of construction. In order to reduce the potential affects to nesting raptors, construction activities should be planned such that they do not interfere with breeding, nesting, and brood rearing activities. CDOW's (Craig 2002 and Klute 2008) recommended raptor nest site avoidance standards for the species observed in this survey are summarized below (Table 6). If the project cannot be completed prior to, or after, the next nesting season, known nest sites should be re -inventoried by qualified biologists. If any birds are found behaving in a manner consistent with nesting, every effort should be made to apply the timing limitation and buffer distance stipulations. WestWater Engineering Page 9 of 12 October 8, 2009 Table 6. Timing and buffer recommendations for active raptor nests Species Buffer Zone Seasonal Restriction , American Kestrel * * Bald Eagle 0.50 mile 15 December - 15 July Cooper's Hawk 0.25 mile 1 April - 15 August Flammulated Owl 0.25 mile 1 April — 1 August Golden Eagle 0.25 mile + alt. nests 1 January - 15 July Great Horned Owl * * Long-eared Owl 0.25 mile 1 March - 15 July Northern Harrier 0.25 mile 1 April - 15 August Northern Saw -whet Owl 0.25 mile 1 March — 15 July Peregrine Falcon 0.5 mile 15 March - 31 July Prairie Falcon 0.5 mile 15 March - 31 July Red-tailed Hawk 0.33 mile 1 March - 15 July Sharp -shinned Hawk 0.25 mile 1 April - 15 August Swainson's Hawk 0.25 mile 1 April - 15 August * Great Horned Owls and American Kestrels are relatively tolerant of human activity. Keep activity to a minimum during breeding season. 5.3 American Elk and Mule Deer There is an elk production area 0.95 miles northwest of the site, which is not likely to be affected by project -related disturbance. Effects to mule deer and elk are expected to be minimal. If feasible, construction of the tower outside of peak period for mule deer fawning (May 15 - June 15) would reduce potential disturbance factors for this species. Construction during the winter would not likely affect big game species, because the area is not winter range. Deer typically move out of the area to lower elevations by late October. Elk migration may be delayed until snow levels increase to depths that are not suitable for foraging. 5.4 BCC and Other Migratory Birds In order to comply with the Migratory Bird Treaty Act by showing a good faith effort to reduce potential impacts on nesting birds, if any brush/tree clearing is necessary, it should take place outside of the nesting seasons. Nesting season is generally considered between May 1 and July 31 in this area for most species. June 1 to July 15 is the peak period when most incubation and brood rearing takes place. If brush/tree clearing can occur prior to May 1, most affected birds will relocate to alternate nesting sites. After mid-to-late July, most fledging has occurred and brush/tree clearing impacts would be minimized. 5.5 Small Mammals, Reptiles, and Aquatic Wildlife There are no seasonal restrictions or special requirements for development related to these species. 5.4 Weeds Noxious weeds are plants that are aggressive competitors when non-native to an area. Most have come from Europe or Asia, either accidentally or as ornamentals that have escaped. Once WestWater Engineering Page 10 of 12 October 8, 2009 established in a new environment, they tend to spread quickly because the insects, diseases, and animals that normally control them are absent. Noxious weeds are spread by man, animals, water, and wind. Prime locations for the establishment of noxious weeds include roadsides, construction sites, wetlands, riparian corridors, and areas that are overused by animals or humans. Subsequent to soil disturbances, vegetation communities can be susceptible to infestations of invasive or exotic weed species. Vegetation removal and soil disturbance during construction can create optimal conditions for the establishment of invasive, non-native species. Construction equipment traveling from weed - infested areas into weed -free areas could disperse noxious or invasive weed seeds and propagates, resulting in the establishment of these weeds in previously weed -free areas. Several simple practices should be employed to prevent most weed infestations. The following practices should be adopted for any activity to reduce the costs of noxious weed control through prevention. The practices include: • Prior to delivery to the site, equipment should be thoroughly cleaned of soils remaining from previous construction sites which may be contaminated with noxious weeds. • If working in sites with weed -seed contaminated soil, equipment should be cleaned of potentially seed -bearing soils and vegetative debris at the infested area prior to moving to uncontaminated terrain. • All maintenance vehicles should be regularly cleaned of soil. • Avoid driving vehicles through areas where weed infestations exist. Weed management is costly and heavy infestations may exceed the economic threshold for practical treatment. Prevention is especially valuable in the case of noxious weed management. WestWater Engineering Page 11 of 12 October 8, 2009 6.0 REFERENCES Andrews, R., and R. Righter. 1992. Colorado Birds: A Reference to Their Distribution and Habitat. Denver Museum of Natural History, Colorado. CDOW. 2008. Colorado Greater Sage -grouse Steering Committee: Colorado Greater Sage - grouse Conservation Plan. Colorado Division of Wildlife. Denver. Craig, Gerald R. 2002. Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors. Colorado Division of Wildlife, Denver. Hammerson, G. A. 1999. Amphibians and Reptiles in Colorado, Second Edition. Colorado Division of Wildlife, Denver. Kingery, H. E. 1998. Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership, Colorado Division of Wildlife, Denver. Klute, D. 2008, Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors. Colorado Division of Wildlife, Denver. Righter, R., R. Levad, C. Dexter, and K. Potter. 2004. Birds of Western Colorado Plateau and Mesa Country. Grand Valley Audubon Society, Grand Junction, Colorado. Spackman, S., B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz, and C. Spurrier. 1997. Colorado Rare Plant Field Guide. Prepared for the U.S. Bureau of Land Management, the U.S. Forest Service and the U.S. Fish and Wildlife Service by the Colorado Natural Heritage Program. WestWater Engineering Page 12 of 12 October 8, 2009 Tower, Numberl7 Chevron USA Inc 217105200002 Area: 635 acres Tower Parcels 217105200002 .Area: 635 acres) Guard Shack n Marathon Lease - Existing Private Roads - Garden Gulch Road - Garkeld County Roads 0 0.5 1 2 3 -mile radius Indicated by dark red circle 1 inch equals 0.75 mile Miles JT NO: 009-1942 DRAWN BY: Lesfe Boot, GFS Analyst DATE, 9130109 VICINITY MAP COMMUNICATION TOWER NUMBER 7 MARATHON OIL COMPANY GARFIELD COUNTY, COLORADO OLSSON ASSOCIATES 826 21-1,2 ROAD GRAND JUNCTION GO 81505 TEL 970 263 7806 FAX 970.263.7458 FIGURE 1 Chevron USA Inc 217105200002 Area: 635 acres Tower Number 7 Parcels �— Exrsling Private Roads ® 217105200002 (Area: 635 acres) - Garden Gulch Road - Garfield County Roads 0.5 1 inch equals 0.5 mile Parcels represented are within 200` of affected parcel 1 Miles E. _CT NO: 009-1942 DRAWN BY: Les4e Boob G19 Analyst DATE: 10101109 ADJACENT PARCELS COMMUNICATION TOWER NUMBER 7 MARATHON OIL COMPANY GARFIELD COUNTY, COLORADO O\oLssoN ASSOCIATES 826 21-12 ROAD GRAND JUNCTION. CO 81505 TEL 970 263 7600 FAX 979.2637456 FIGURE 1 j rt Chevron USA Inc 217105200002 Area: 635 acres Tower7 Guard Shack — Existing Private Roads - Garden Gulch Road "— Garfield County Roads ED Parcels I-1 217105200002 (Area: 635 acres) L r Marathon Lease 0.5 1 2 3 -mile radius indicated by dark red circle 1 inch equals 0.75 mile Miles NO: 009-1'342 DRAWN BY: Lesie Booth GIS Analyst DATE: 0130100 VICINITY MAP COMMUNICATION TOWER NUMBER 7 MARATHON OIL COMPANY GARFIELD COUNTY, COLORADO OLSSON ASSOCIATES 026 21 -IR ROAD GRAND JUNCTION CO 81505 TEL 970.283.7800 FAX 970263,7456 FIGURE 1 USDA United States Department of Agriculture 4 \RCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Rifle Area, Colorado, Parts of Garfield and Mesa Counties Marathon Tower 7 September 30, 2009 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://soils.usda.gov/sqi/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (http://offices.sc.egov.usda.gov/locator/app? agency=nrcs) or your NRCS State Soil Scientist (http://soils.usda.gov/contact/ state_officesl). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Soil Data Mart Web site or the NRCS Web Soil Survey. The Soil Data Mart is the data storage site for the official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means 2 for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface 2 How Soil Surveys Are Made 5 Soil Map 7 Soil Map 8 Legend 9 Map Unit Legend 10 Map Unit Descriptions 10 Rifle Area, Colorado, Parts of Garfield and Mesa Counties 12 52—Parachute loam, 25 to 65 percent slopes 12 References 13 4 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, Iandforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil -vegetation -landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil scientists classified and named the soils in the survey area, they compared the 5 Custom Soil Resource Report individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist, Observations are made to test and refine the soil - landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil -landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field -observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. 6 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 7 0 0 CQ 39' 33' 39" 0 a 746710 Custom Soil Resource Report Soil Map 0 0 746720 746730 745740 746750 746760 746770 748780 746790 1 ! I 1 1 1, 1 39° 33 42" 0 0 00 cn 0 �[h CO a Ns - 0 M 60 746710 a 0 746720 746730 746740 748750 746760 Map Scale: 1:528 W printed onA size (8.6' )111") sheet. 0 5 10 20 Meters 30 D 20 40 60 Feet 120 746770 746780 746790 39° 33' 39" Custom Sail Resource Report Area of Interest (A0I) 1 Soils Ll MAP LEGEND Area of Interest (AO!) Soil Map Units Special Point Features ty Blowout Short Steep Slope CO Very Stony Spot 'p VVet Spot Other Special Line Features Gully Borrow Pit Other X Clay Spot Political Features • Closed Depression Cities X Gravel Pit Water Features Gravelly Spot Oceans Landfill Streams and Canals A. Lava Flow Transportation Marsh or swamp ++F Rails Mine or Quarry +�/ Interstate Highways le,Miscellaneous Water US Routes (DIPerennial Water Major Roads v Rock Outcrop ._ Local Roads + Saline Spot Sandy Spot Severely Eroded Spot Sinkhole 33 Slide or Skp Sodic Spot Spoil Area 0 Stony Spot MAP INFORMATION Map Scale: 1:528 if printed on A size (8.5" x 11") sheet. The soil surveys that comprise your A01 were mapped at 1:24,000. Please rely on the bar scale on each map sheet for accurate map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http:1/websoilsurvey.nres.usda.gov Coordinate System: UTM Zone 12N NAD83 This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Rifle Area, Colorado, Paris of Garfield and Mesa Counties Survey Area Data: Version 6, Mar 25. 2008 Date(s) aerial images were photographed: 912111993 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Custom Soil Resource Report Map Unit Legend Rifle Area, Colorado, Parts of Garfield and Mesa Counties (C0683) Map Unit Symbol Map Unit Name Acres in A01 Percent of AOI 52 Parachute loam, 25 to 65 percent slopes 1.0 100.0% Totals for Area of Interest 1.0 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. 10 Custom Soil Resource Report An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha - Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 11 Custom Soil Resource Report Rifle Area, Colorado, Parts of Garfield and Mesa Counties 52—Parachute loam, 25 to 65 percent slopes Map Unit Setting Elevation: 7,500 to 8,700 feet Map Unit Composition Parachute and similar soils: 85 percent Description of Parachute Setting Landform: Mountainsides Landform position (three-dimensional): Mountainflank Down-slope shape: Concave Across -slope shape: Concave Parent material: Residuum weathered from sandstone Properties and qualities Slope: 25 to 65 percent Depth to restrictive feature: 20 to 40 inches to paralithic bedrock Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Available water capacity: Low (about 3.3 inches) Interpretive groups Land capability (nonirrigated): 7e Ecological site: Brushy Loam (R048AY238C0) Typical profile 0 to 5 inches: Loam 5 to 18 inches: Loam 18 to 29 inches: Extremely channery loam 29 to 33 inches: Unweathered bedrock 12 References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition, American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep -water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://soils.usda.govl Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http://soils.usda.gov/ Soil Survey Staff. 2006. Keys to soil taxonomy. 10th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http://soils.usda.gov/ Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http:/lsoils.usda.gov/ United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.giti.nres.usda.gov/ United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430-V1. http://soils.usda.gov/ United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://soils.usda.gov/ 13 Custom Soil Resource Report United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. 14 = j; 1•0161.1q • . ., • r. • f f.. • •r•• • • 44Z PI (a r o w m OCONC1h.- LIQ 4 vki L� Q `o z" c • QO 1• • • N • t. • I W zpWELM xW ° NZZ zo° z"ii mg (1 -cc 8 ti lE 41E4 n N n 1 U11) CNI 4 nit EXISTING WATER LINE ..•••••' ••••••••• • ...••••"" • EXIS77NG 25' PIPELINE R -O -W . ....--' ..---". --tr.:"... ....".... ....-"' ,.... :..:-* — _.... • ...----- ....."... . • —...•••"- ....."". ----" — ....."... ...."`. ....-.' EXISTING GAS LINE 77E N 64'46'16" E 2379.5 NE C.C. SEC. 5, T6S, R96W te) .1= r=1 0 0 cm SITE DETAIL a TOWER g ' 11 -••"'" • , .31 e • • 4_0) 6._;• b`•• %ce ll c., _ 71E N 6446'16" E 2379.5 NE C.C. SEC. 5, T6S, R96W CMCNIMP- CONTROL PANEL • CONCRE . FOUNDATION • 0 • / TOWER BASE FENCE -N9 ./. / SEE SITE DETAIL TOWER DETAIL SCALE 1=10 FRONT VIEW • SIDE WEW BATTERY BOX GROUND LEVEL CONCRETE IN UNDERGROUND TUBE WILLIAM H. SMITH & ASSOCIATES P.C. SURVEYING CONSULTANTS 550 EAST SECOND NORTH PROM 307-875-3838 GREEN RIVER WY 307-875-5839 virom whsmithpo.com TOWER NUMBER 7 LOCATED IN THE NE/4, SECTION 5, TOWNSHIP 6 SOUTH, RANGE 96 WEST. DRAWN BY CED JOB No: 26099 DAM 07/20/09 SCALE: NOTED VICINITY MAP FOR MARATHON OIL COMPANY P.O. BOX 3128 HOUSTON, TX 77253 5555 SAN FELIPE HOUSTON. TX 77056 PAGE 1 OF 1