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HomeMy WebLinkAbout1.0 Application.pdfGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384 .3470 www.garfie ld-county.com Conditional Use Permit GENERAL INFORMATION (To be completed by the applicant.) )> Street Address I General Location of Property: Lot 2, Secti on 36, Township 6S , Range 97W Parachute, Garfield County, Colorado )> Lega l Description : Lot 2 , Section 36, Township 6S, Range 97W in Parcel Number 241101300001 (S ee Site P lan [Figure 1)) )> Existing Use & Size of Property in acres : 2.75 acres of Rangeland )> Description of Conditional Use Requested: Laydown Yard for drill bits , pipe , and drilling mud >:-Zone District: Resource Lands (RLs) \)\) C\lEt--\-Lu.Vld Co )> Name of ProQerty Owner (AQQ li cant}: Petroleum Deve lopment Corporation )> Address: 1775 Sherman Street, Suite 3000 Tel ephone: 303.860.5800 )> City: Denver State: co Z ip Code: 80203 FAX : 303.860.5338 . )> Name of Owner's Re12resentative, if any (Planner, Attorney, etc}: James P. Wason, Petroleum Development Corporation )> Add res s: 1775 Sherman Street, Suite 3000 Tel ephone: 303.860.5800 )> City: Denver State: co Zip Code: 80203 FAX: 303.860.5338 STAFF USE ONLY )> Doc. No.: ______ Date S ubmitted : _____ TC Date: ______ _ )> Planner: Hearing Date: ___________ _ I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: V · ,.)~ Submit plans and specifications for the proposed use including the hours of operation, the .. \OtJ number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and ~ 'tJ the size of any existing and/or proposed structures that will be used in conjunction with the proposed use. Please submit the specific information in narrative form and be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If ~ you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all / /" existing and proposed structures on the property, and the County or State roadways within one L-/ (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. / 4. Submit a vicinity map showing slope I topography of your property, for which a U.S.G.S. t/ 1 :24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under ~eptions to Title). t_,/ 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an impact statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: [/ v (1) Utilities adequate to provide water and sanitation service based on accepted 1 engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the V proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. (3) Design of the proposed use is organized to minimize impact on and from adjacent V uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. 9. Depending on the type of Conditional Use Permit requested, you may need to respond to additional conditional use review standards in the Garfield County Zoning Resolution Section 5.03. Refer to the Section 5.03 of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-county.com/buildinq and planning/index.him or call this office. 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the conditional use permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Conditional Use Permit application review process works in Garfield County.) 1. Submit this completed application form (pages 1-4), base fee, and all submittal requirements to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Conditional Use Permit. (If Staff determines your application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Conditional Use Permit for the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Conditional Use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and 'during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the Conditional Use request. In addition, the Applicant shall provide proof at the hearing that proper notice was provided. 5. Once the Board makes a decision regarding the Conditional Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Conditional Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Conditional Use Permit certificate until the applicant has satisfied all conditions of approval. The Conditional Use Permit approval is not finalized until this office has issued the Official Conditional Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements a e an have provided the required attached information which is correct and accur. e to the b st of my knowledge. ~I 10 I 61 Date Last Revised: 02/2006 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review ofa particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received 'by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE Vacating Public Roads & Rights-of-Way Sketch Plan Preliminary Plan Final Plat Amended Plat Exemption from the Definition of Subdivision (SB-35) Land Use Permits (Special Use/Conditional Use Permits) • Administrative/no public hearing • Board Public Hearing only • Planning Commission and Board review & hearing Zoning Amendments • Zone District map amendment • Zone District text amendment • Zone District map & text amendment • PUD Zone District & Text Amendment • PUD Zone District Text Amendment Board of Adjustment • Variance • Interpretation Planning Staff Hourly Rate • Planning Director • Senior Planner • Planning Technician • Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Mylar Recording Fee Page 2 BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $200 $100 $300 $250 $400 $525 $450 $300 $500 $500 $500 $250 $250 $50.50 $40.50 $33.75 $30 Determined by Surveyor$ $11 -I st page $10 each additional page The following guidelines shall be used for the administration of the fee structure set forth above: I. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confinning action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use pennit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confinning action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Petroleum Development Corporation (hereinafter APPLICANT) agree as follows: I. APPLICANT has submitted to COUNTY an application for a Conditional Use Permit for a Laydown Area (hereinafter, THE PROJECT). 2. APPLICANT 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. APPLICANT 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. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT 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, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT 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. APPLICANT Signature Date: -~ / 1s /or- James P. Wason, Attorney-in-Fact Print Name Mailing Address:--------- 1775 Sherman Street, Suite 3000 Denver, Colorado 80203 10/2004 Page 4 Prepared for: Petroleum Development Corporation Denver, Colorado ' '' Impact Statement for the Conditional Use Permit Application for a Laydown Yard in Parachute, Garfield County, Colorado The RETEC Group, Inc. August2007 Document No.: 12525002-700 ENSR AECOM ENSR Contents 1.0 Introduction .............................................................................................................................................. 1-1 1.1 Property location and ownership ..................................................................................................... 1,1 1 .2 Size and use of the laydown yard .................................................................................................... 1-1 1.3 Hours of operation ............................................................................................................................ 1-2 1.4 Number and types of vehicles accessing the site ........................................................................... 1-2 2.0 Specific criteria from section 5.03 of the Zoning Regulations ......................................................... 2-1 3.0 Surface run-off, stream flow, or groundwater .................................................................................... 3-1 3.1 Potential impacts .............................................................................................................................. 3-1 3.2 Mitigation measures ......................................................................................................................... 3-1 4.0 Adjacent land use ................................................................................................................................... 4-1 4.1 Potential impacts .............................................................................................................................. 4-1 4.2 Mitigation measures ......................................................................................................................... 4'1 5.0 Impacts to wildlife and domestic animals ........................................................................................... 5'1 5.1 Potential impacts .............................................................................................................................. 5-1 5.2 Mitigation measures ......................................................................................................................... 5-1 6.0 Truck and automobile traffic ................................................................................................................. 6-1 6.1 Potential impacts .............................................................................................................................. 6-1 6.2 Mitigation measures ......................................................................................................................... 6-1 7.0 Site rehabilitation plan ........................................................................................................................... 7-1 7.1 Area of disturbance .......................................................................................................................... 7-1 7.2 Reclamation ...................................................................................................................................... 7-1 7.3 Revegetation plan ............................................................................................................................ 7-2 7.3.1 Seedbed preparation .......................................................................................................... 7-2 7.3.2 Seeding methods and times .............................................................................................. 7-2 7 .3.3 Weed control plan .............................................................................................................. 7-3 7.3.4 Criteria for successful reclamation ..................................................................................... 7-3 Morg•d wllh Et<Sft In 1001 -0-RETEC M:\PDC\Conditional Use Permit Applicati., .. 1r:onc1iuonal Use Pennit Application.doc August 2007 ENSR List of Tables Table 1-1 List of property owners within 200 feet of the subject property .................................................... 1-1 Table 7-1 Final reclamation seed mixture ..................................................................................................... 7-3 List of Figures Figure 1 Vicinity map Figure 2 Site plan Figure 3 Grading plan 4''"""'~( \tir~\c, r;.:, • M:\PDC\Conditional Use Permit Application\Condilional Use Permll Applicalion.doc iii August2007 List of Appendices Appendix A Deed and legal description of property Appendix B Letter from property owner acknowledging PDC as acting agent Appendix C Assessor's maps showing property location and ownership Appendix D Grading permit application M«~•d ,.Ith El'ISR In 2001 ~'11tE ····~ ,, iru • ~ .,. ~ '~ ... -. ... , M:\PDC\Conditiona1 Use Penn!t Appltcatlorilr.ond!Uonal Use Permit Application.doc ii ENSR August 2007 ENSR 1.0 Introduction Petroleum Development Corporation (PDC) is submitting this impact statement for a laydown yard on remote lands on the Roan Plateau about 10 miles northwest of Parachute, Colorado (figure 1). The laydown yard would be located on two lots owned by Puckett Land Company in the NWSE quarter quarter of Section 36, Township 6S, Range 97W in Parachute, Garfield County, Colorado. PDC plans to construct the facility to store nonhazardous material associated with drilling operations on multiple drill pads in the area. PDC has selected a location for the laydown yard adjacent to one of their existing well pads (Puckett 31-36), as well as a temporary housing unit they are permitting under a special use permit application. PDC is submitting this impact statement to meet requirements for a conditional use permit application they are submitting for the laydown yard. PDC is filing the application with all supporting information, plans, letters of approval from responsible agencies or other permit applications to satisfy the requirements listed for conditional uses. 1.1 Property location and ownership The laydown yard is located on lots 2 and 3 of Section 36, Township 6 South, and Range 97 West, as shown on the vicinity map included as figure 1. This location is zoned Resource Lands by Garfield County. In this location, the Puckett Land Company owns the property and mineral rights. The deed showing Puckett's purchase of the property is included in appendix A. Appendix B contains a letter from Puckett authorizing PDC to apply for this permit as well as to establish temporary housing. Puckett Land Company owns more than 5,000 acres of property around the location of the laydown yard. This property is used as rangeland by Puckett and natural gas extraction by PDC. Well pads within the vicinity of the site are illustrated on figure 1. No other structures or buildings exist within 200 feet of the proposed site. The property owners within 200 feet of Puckett's 5,000-acre parcel are given in Table 1. These property owners are identified on the assessor's maps in appendix C. Table 1-1 List of property owners within 200 feet of the subject property Parcel Number 241101300001 (Subject Property) 217131100006 241110100015 216927200017 M:\PDC\Conditiona! Use Permit Application\Conditiona1 Use Permit Application.doc Owner and Address Mr. Matt Wurtzbacher Puckett Land Company 5460 South Quebec Street, Suite 250 Glenwood Village, Colorado 80111 Shell Frontier Oil and Gas Inc. c/o Shell Oil Company PO Box4854 Houston, TX 77010 Albertson Ranches Co. Attn: Dale Albertson PO Box420 De Beque, CO 81630 1-1 August 2007 ENSR Table 1-1 List of property owners within 200 feet of the subject property Parcel Number Owner and Address 216921400026 OxyUSA Inc. Attn: Property Tax Dept. PO Box27570 Houston, TX 77227-7570 216914100022 Savage Limited Partnership I Attn: John Savage 5953 County Road 320 Rifle, CO 81650 216912200012 Chevron USA Inc. 217118200008 c/o Chevron Tex a co Property Tax PO Box 285 Houston, TX 77001 217119400954 Bureau of Land Management 240907300953 50629 Highway 6 & 24 Glenwood Springs, CO 81601 1.2 Size and use of the laydown yard The laydown yard will be located on 2. 75 acres of land adjacent to PDC's planned temporary employee housing, which PDC is permitting concurrently under a special use permit application (figure 2). Although being permitted separately, the laydown yard is included within the property leased by PDC from the Puckett Land Company. For this reason, the laydown yard is planned for grading along with the temporary employee housing. For grading, PDC plans to fill the area with topsoil and soil from the steeper portions of the site followed by the gravel that underlies the topsoil at the steeper areas of the site (figure 3). The laydown yard will be graded with a 2.5 percent slope for stormwater management. The grading permit application is included in appendix D. The laydown yard will be used to store the follow drilling materials: • Drill pipe and casing, which will be hauled in and stored on trailers; • Drill bits and rig parts; • Drilling mud supplies (no used or pre-mixed muds will be stored in the yard); and • . A forklift. In compliance with industrial performance standards outlined in section 5.03.08(5) of Garfeld County's Zoning Resolutions, • Flammable and explosive solids or gases will not be stored at the laydown yard. • The laydown yard will be concealed from adjacent property using a fence . ........ ~ '°'lh EJ<SR lo 0001 --¥>-f~ETi:C M:\PDC\Conditional Use Permit Applicalion\Condllional Use Permit Application.doc 1-2 August 2007 ENSR • No materials or wastes will be deposited on the laydown yard in a form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. · • Heavy equipment wil_I not be stored, repaired, maintained, or loaded at the laydown yard. • The laydown yard would be associated with natural resource extraction, but it would not exceed 10 acres. • The laydown yard will not be lighted. 1.3 Hours of operation The laydown yard will be open for trucks to retrieve pipe and deposit drilling mud supplies 24 hours per day, as the drilling crew will work at drill pads in the vicinity of the site 24 hours per day. No employees will work at the laydown yard on a full-time basis. Only existing personnel, such as roustabouts and maintenance operators, and vendors will access the laydown yard long enough to deliver, pick up, or inventory drilling supplies. 1.4 Number and types of vehicles accessing the site The types of vehicles accessing the laydown yard will include semi-trailers, trucks hauling drilling mud supplies, and standard pickup trucks. Very few vehicles will be accessing the laydown yard on a daily basis: some days no vehicles will access the yard; on other days, three to four vehicles will access the yard. In a typical week, approximately one semi-trailer, one to two trucks larger than pickups, and five to seven pickups will access the laydown yard. W~~ •Hh EH"""' 1007 ""' [! i:~p' ~,,.h~~,.:.t 1;;. M:\PDC\Conditional Use Permit Applicalion\Condllional Use Permit Application.doc 1-3 August 2007 ENSR 2.0 Specific criteria from section 5.03 of the Zoning Regulations This special use will conform to requirements for utilities, street improvements, and impacts to the neighborhood character stated in section 5.03 of the Zoning Regulations. • Utilities. The laydown yard will not require utilities for electricity, water, or waste management. If workers working at the laydown yard need water or restroom facilities, they can use the utilities to be constructed for the adjacent temporary employee housing unit (figure 2). Employees delivering, picking up, and inventorying drilling supplies at the laydown yard were included in the totals and design for the temporary employee housing unit 1 . Employees will not be employed solely for the laydown yard. • Street improvements. In 2007, PDC constructed a new road on the plateau with adequate design for the degree of traffic the laydown yard will generate. New improvements to the streets are not required to support this conditional use. • Impact minimization. Because the site will be located in a remote area, it will have minimal impacts to adjacent property. Puckett Land Company owns the property on which the site is located, as well as the surrounding 5,000 acres (appendix C). Puckett Land Company has given PDC a letter of approval to apply for this permit (appendix B). A fence will be installed around the laydown yard as well as the temporary employee housing and the entrance to the site will be guarded. These two measures will prevent wildlife and domestic animals, as well as unauthorized personnel, from accessing the site. 1 Refer to section 3.2.1 of the Special Use Permit Application for Temporary Employee Housing, Parachute, Garfield County, Colorado, published by ENSR in August 2007. M.,p~d wllh ~NSR In 2001 '"" 1;1,,,,, ( ~1Jl'~'i.Lt -..., M:\PDC\Conditional Use Pennit Applicatit 1ditional Use Permit Application.doc 2-1 August 2007 ENSR 4.0 Adjacent land use In this section, Zoning Resolution section 5.03.07(1 )(B) is addressed by first identifying the potential impacts to adjacent land from the generation of vapor, dust, smoke, noise, glare, and vibration followed by the mitigation measures PDC will employ to prevent impacts. This impact analysis complies with the industrial performance standards contained in Zoning Resolution section 5.03.0B. 4.1 Potential impacts The following summarize potential impacts by topic: • Noise and vibration. The only noise and vibration generated at the laydown yard will be from trucks delivering or retrieving pipe, drill bits, and drilling mud supplies. Noise and vibration will be less than the drilling operations already occurring on the plateau. Impacts to adjacent land are not anticipated. • Emission of heat, glare, radiation, and fumes. The only heat, glare, radiation, and fumes that would be potentially emitted from the laydown yard would be from trucking. Trucking would not interfere with existing use of the adjacent property or constitute a nuisance or hazard. • Emissions of smoke and vapor. Only trucks would impact air quality at the laydown yard; the trucks' emissions are in compliance with state and federal laws. • Dust. The laydown yard will be covered with 6 inches of gravel, which will mitigate generation of dust. • Established neighborhood character (section 5.03(3). PDC will enclose the laydown yard with a fence to minimize impacts. The laydown yard will not be lighted at night. 4.2 Mitigation measures Adjacent land use will not be impacted from the operation of the laydown yard. No mitigation measures are needed. M<•god "'llh EtlSR In ?007 ORt:TEC M:\PDC\Conditional Use Permit Appllcation\Condltional Use Permit Application.doc 4-1 August 2007 ENSR 6.0 Truck and automobile traffic In this section, Zoning Resolution section 5.03.07(0) is addressed by first identifying the potential impacts from traffic followed by the mitigation measures PDC will employ to prevent impacts. 6.1 Potential impacts As pipe and drilling mud supplies are already transported on the plateau, the laydown yard would increase traffic to the site only, but would decrease traffic through the town of Parachute as well as along County Road 215. The overall volume of traffic would not increase, but the direction would increase to and from this specific location. This would decrease potential wildlife crossings at County Road 215, but would not affect the overall impacts on the plateau. 6.2 Mitigation measures Traffic will not be significantly impacted from the operation of the laydown yard. No mitigation measures are needed. MOlg .. wllh l'NSR ;n '1007 ,(',.,, l'f r::·n: r '~·lf\i;,,.-,,-~!,, M:\PDC\Condilional Use Permit Applicatio. 1ditional Use Permit Application.doc 6-1 August 2007 ENSR 7.0 Site rehabilitation plan Once the laydown yard is no longer needed, all materials stored on the yard will be removed and the land reclaimed and revegetated. This section describes how PDC will accomplish reclamation and revegetation. 7.1 Area of disturbance An area of approximately 2.75 acres will be graded to construct the laydown yard. The site will be established on sloping rangeland located within the Parachute-Rhone-lrigul soil series, which is defined as deep to shallow, well-drained, moderately sloping to steep soils on mountains and ranges. The shallow geology on the Roan Plateau is characterized by thin soil layers overlying shallow shale bedrock. To design the individual sewage disposal system (ISDS) for the adjacent temporary housing, a deep observation hole was excavated using a backhoe to a depth of 96 inches. The distinct soil horizons found within the excavation are described below. Depth (inches) Description 0-24 Topsoil, dark brown silty loam, loam, friable, moist, slightly plastic, fine to medium roots 24-48 Orange brown sandy loam, 60% fine and medium channery material, gray siltstone with some orange sandstone fragments 48-66 Dark brown silty loam, 60% fine and medium channery material, gray siltstone fragments 66-96 80% channery material, gray siltstone fragments, dark brown silty loam To grade the site, PDC will first cut the topsoil at the locations of the temporary housing and ISDS and place as fill on the \aydown yard as well as the adjacent driveway. After cutting and placing the topsoil, PDC will cut and place the underlying channery. By filling in these soil horizons, PDC can use the underlying channery material as gravel and can then reclaim in those layers as well; that is, push the channery back into the grading cuts and then top them off with the topsoil. By using this method, topsoil will not need to be stockpiled for reclamation and revegetation. 7.2 Reclamation To reclaim the site, all materials will be removed from the laydown yard and the area regarded to original contours. The area will be ripped to 1 B inches and recontoured as nearly as possible to the original grade. To regrade the site, segregated soil horizons will be replaced as nearly as possible to their original relative positions; that is, grading cuts at the temporary housing site will be filled with the channery, which was used as gravel at the site. The underlying topsoil at the laydown yard will then be removed and used as topsoil at previous cut areas. The site will also be recontoured to control dust, weeds, and minimize erosion. During reclamation, all disturbed areas will be kept free of Garfield County and State of Colorado List A and B noxious weeds. l.lot9•~ with ENSR In 20D7 M:\PDC\Conditlonal Use Permit Application\Condit\onal Use Permit Application.doc 7-1 August 2007 Before revegetating the site, the reclaimed area will be stabilized and contain none of the following characteristics: • Large rills or gullies, • Perceptible soil movement or head cutting in drainages, and • Slope instability on or adjacent to the site. To prevent erosion during reclamation and revegetation, ENSR • The surface soil will be stable and have adequate roughness to reduce run-off, capture rainfall and snow melt, and allow for revegetation. • Soil conservation measures will be used including reducing the slope angle, revegetation, and water management techniques. • Hay bails will be placed along the downgradient boundaries of the reclaimed area. 7 .3 Revegetation plan The revegetation plan will comply with the Garfield County Revegetation Requirements, as described in the following subsections. 7 .3.1 Seedbed preparation After the site is recontoured, the top 4 inches of soil will be tilled to prepare the site for reseeding. The soil will be tilled using a disk, a chisel plow, or harrow. Seedbed preparation will also include removing rock fragments that exceed 30 to 45 percent of the soil surface as well as rock 8 inches in diameter that exceed 10 percent of the soil surface. 7.3.2 Seeding methods and times The site will be seeded before May 15 if seeding takes place during the spring and before August 30 (and the deep freeze) if seeding takes place in the fall. The site will be drill seeded with a rangeland drill to one-half or one-quarter inch on slopes 3:1 or flatter. Slopes steeper than 3: 1 or areas inaccessible by drill seeding equipment will be broadcast seeded followed by harrowing or hand raking to lightly cover the seed with soil. All areas will be mulched within 24 hours after seeding. Mulch will be certified weed-free straw or grass hay. Grass hay will be applied at 1 Y, tons per acre; straw mulch will be applied at 2 tons per acre. Mulch material will be crimped into the soil surface with a commercial mulch crimper, a straight disk, or bulldozer tracks if otherwise too steep to other crimp the mulch in place. The seed mixture will contain a diverse range of species specific to the site and approximating the surrounding undisturbed area. The seed mixture will also support the post-disturbance land use-livestock grazing. The seed mixture to be used is listed in table 7-1. M••~•d wllh l'NSR In 2001 'Q.-f.tETEC M:\PDC\Cond!tional Use Permit App!icatlon\Conditional Use Permit Application.doc 7-2 August 2007 ENSR Table 7-1 Final reclamation seed mixture Common Name Scientific Name Pounds Pure Live Seed (PLS) per Acre Basin Wildrye Leymus cinereus 5 Western Wheatgrass Pascopyrum smithii 10 Prairie Junegrass Koeleria macrantha 1 Streambank Wheatgrass Agropyron riparian 5 Indian Ricegrass Achnatherum hymenoides 3 Wyoming Big Sagebrush Artemisia tridentata 1 Once seeded, the area will be watered until vegetation is established. 7.3.3 Weed control plan A qualified person will inspect the revegetated area and inventory and map the area for any listed Garfield County noxious weeds. Based on this inventory and mapping, methods, materials, and timing of weed control measures will be specified. 7 .3.4 Criteria for successful reclamation Revegetation and reclamation of the site will be considered successful when the total cover of live perennial vegetation, excluding noxious weeds, provides sufficient soil erosion control as determined by the Director through a site inspection. Revegetation will be considered successful when evidence of vegetation reproduction is found either spreading by rhizomatous species or seed reproduction and the site is stable and sustainable. MorR•d "'l!h UISR In 2001 M:\PDC\Condllional Use Pennlt App!icalion\Condltional Use Permit Application.doc 7-3 August 2007 Petroleum Development Corporation August16,2007 Garfield County Building and Planning Department Attn: David Pesnichak, Senior Planner 108 81h Street, Suite 401 Glenwood Springs, Colorado 81601 Subject: Conditional Use Permit Application and Impact Statement Laydown Yard in Section 36, Township 6 South, Range 97 West Garfield County, Colorado Dear Mr. Pesnichak, Enclosed please find two copies of the conditional use permit application for a laydown yard we are planning to construct approximately 6.5 miles northwest of Parachute, Colorado. Also enclose9 is a check for $400 to cover the base fee for this application as well as a signed fee schedule. - Petroleum Development Corporation ("PDC") desires to expeditiously construct and operate a laydown yard adjacent to their planned temporary housing facility on the mesa in Section 36, Township 6 South, Range 97 West, of Garfield County, Colorado. PDC is applying for a special use permit for the temporary housing concurrently with this conditional use permit application. The laydown yard will be used to store pipe, drill bits, and drilling mud for drilling operations. In accordance with section 5.03.07 of the Zoning Resolutions, we are submitting two copies of the attached application form and 1 O copies of the enclosed impact statement. The impact statement includes information requested in the application form, such as hours of operation and information on property ownership. For your use, we have attached a table to this letter that shows where in this permit application PDC has met Garfield County requirements. PDC appreciates the Building and Planning Department's work in processing this application. Please do not hesitate to contact me at 303-860-5800 if you have any questions or comments. cc: Tyson Johnston, PDC Kent Lindberg, RETEC-ENSR Attachments: 1. Table entitled "Where Are the Requirements for the Conditional Use Permit Application Addressed?" 2. Garfield County Conditional Use Permit Application and Fee Schedule Enclosure: Impact Statement for the Conditional Use Permit Application, Laydown Area in Parachute, Garfield County, Colorado CORPORATE OFFICE, Petroleum Development Corporation 120 Genesis Boulevard • P.O. Box 26 Bridgeport, WV 26330 304-842-3597 DENVER OFFICE, Petroleum Development Corporation 1775 Sherman Street, Suite 3000 Denver, CO 80203 303-860-5800 EVANS OFFICE, Petroleum Development Corporation 3801 Carson Avenue Evans, CO 80620 970-506-9272 Resolution No. Where Are the Requirements for the Conditional Use Permit Application Addressed? Requirement Application submittal requirements listed in conditional use permit application 1 Plans and specifications for the proposed use including: • Hours of operation • Number and type of vehicles accessing the site on a daily, weekly, or monthly basis . Any existing and proposed structures that will be used in conjunction with the proposed use 2 Water usage and wastewater treatment: • Detail the amount of water that will be used • Detail the type of wastewater treatment • Copy of the well permit & other legal water supply info (if using well water) including water allotment contract or an approved water augmentation plan • Demonstrate that we have legal and adequate water for the proposed use 3 Site plan/map (drawn to scale) that shows (according to 9.01.01): . Boundaries of the subject property . All existing and proposed structures on the property • County and state roads within 1 mile Driveway or highway access permit (if we are proposing a new or expanded access onto county or state roads) 4 Vicinity map showing slope/topography using a USGS 1 :24,000 scale 5 Copy of Garfield County assessor's maps showing: . All subject property • Public and private landowners adjacent to the property List of all property owners (public and private) and their addresses adjacent to or within 200 feet of the site Name of mineral right owners 6 Copy of the deed and legal description of the subject property 7 Acknowledgement that PDC is acting as the agent on behalf of the property owner 8 Statement responding to criteria from Section 5.03 of the Zoning Regulations 9 Respond to additional review standards in the Garfield County Zoning Resolution Section 5.03.07 & 5.03.08 10 Sign agreement for payment form and submit $400 fee Requirements from Section 5.03 of Zoning Regulations 5.03 Special uses shall confonn to all requirements under the Zone District Regulations plus the Location in Report Sec. 1.2 Sec. 1.3 Sec. 1.4 Sec. 1.2 Not applicable Not applicable Not applicable Not applicable Fig. 2 Not applicable Fig. 1 App. C App.C& Sec. 1.1 Sec. 1.1 ./ App.A App. B ' Sec. 2.0 Secs. 3.0 -7.0 Attached Sec. 2.0 8/16/2007 Resolution No. 5.03(1) 5.03(2) 5.03(3) Where Are the Requirements for the Conditional Use Permit Application Addressed? Requirement following Utilities shall be in place or constructed to provide water and sanitation service based on accepted engineering standards and approved by the 60CC Street improvements shall be in place or constructed adequate to accommodate traffic volume generated by the use and provide safe and convenient access Design of the use is organized to minimize impacts on and from adjacent uses by installing screen fences or landscape materials on the periphery of the lot and by location of intensively used areas, access points, lighting, and signs to protect established neighborhood character Requirements from Sections 5.03.07 & 5.03.08 of the Zoning Regulations 5.03.07 Industrial operations shall be permitted provided that the applicant submit 1 O copies of an impact statement on the use to the Planning Director describing the location, scope, design, and construction schedule including an explanation of its operational characteristics. 5.03.07(1)(A) The impact statement shall address: Existing lawful use of water through depletion or pollution of surface runoff, stream fiow or groundwater 5.03.07(1)(6) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations 5.03.07(1)(C) Impacts on wildlife and domestic animals though the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions 5.03.07(1)(D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County 5.03.07(1)(E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use 5.03.07(1)(F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 5.03.07(2)(A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional use is issued 5.03.07(2)(6) County Commissioners may require security. Applicant must furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners to secure execution of the site rehabilitation plan 5.03.07(1)(C) Adequate mitigation for impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 5.03.08 Industrial Performance Standards All industrial operations shall comply with applicable county, state and federal regulations regulating water, air, and noise pollution and shall be not conducted in a manner constituting a pubic nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, 2 Location in Report Sec. 2.0 Sec. 2.0 Sec. 2.0 Sec. 1.0 Sec. 3.0 Sec. 4.0 Sec. 5.0 Sec. 6.0 Sec. 4.0 Secs. 3.0 -7.0 Sec. 7.0 Sec. 7.0 Secs. 3.0 -7.0 Secs. 3.0 -7.0 Secs. 3.0 8/16/2007 Resolution No. 5.03.08(1) 5.03.08(2) 5.03.08(3) 5.03.08(4) 5.03.08(5)(A) 5.03.08(5)(8) 5.03.08(5)(C) 5.03.08(5)(0) 5.03.08(5)(E) 5.03.08(5)(F) Where Are the Requirements for the Conditional Use Permit Application Addressed? Requirement glare, and odor and other undesirable environmental effects beyond the boundaries of the property in which such uses are located in accord with the following standards Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located Emissions of smoke and particulate matter: every use shall be operated so as to comply with all federal, state, and county air quality laws, regulations, and standards Emission of heat, glare, radiation, and fumes: every use shall be so operated that it does not emit heat, glare, radiation, or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning sign~ls, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. Storage area, salvage yard, sanitary landfill, and mineral waste disposal areas: Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state, and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes Outdoor facilities may be required to be enclosed by fence, landscaping, or wall adequate to conceal such facilities from adjacent property No materials or waste shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces Storage of heavy equipment will only be allowed subject to (A) and (C) and the following: 1. The minimum lot size is five acres and is not a platted subdivision 2. The equipment storage area is not placed any closer than 300 feet from any existing residential dwelling 3. All equipment storage will be enclosed in an area with screening at least eight feet high and obscured from view at the same elevation or lower (Screening may including berming, landscaping, sight obscuring fencing or a combination of any of these methods) 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors, or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon-Fri 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way Any storage area for uses not associated with natural resources shall not exceed ten acres in size. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property 3 Location in Report -7.0 Sec. 4.0 Sec. 4.0 Sec. 4.0 Sec. 4.0 Sec. 1.2 Secs. 1.2 & 2.0 Secs. 1.2 &3.0 Sec. 1.2 Sec. 1.2 Sec. 1.2 8/16/2007 Resolution No. 5.03.08(6) Where Are the Requirements for the Conditional Use Permit Application Addressed? Requirement Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the regulations of the Environmental Protection Agency before operation of the facilities may begin Requirements from Section 9.01.01 of Zoning Regulations 9.01.01 Applications: all permit applications shall be filed by owner or owners of the subject lot with the Building Official and shall include a map drawn to scale and drawings showing: (1) Showing info sufficient to locate the lot on the assessor's records and zone district maps of the County including reference to particular block and lot location when located in a subdivision (2) Show the subject lot with actual dimensions, calculations of lot area and contours or sections as necessary to support lot slope determinations (3) Show location, dimension, area, and use of all existing proposed buildings and structures sufficiently detailed to determine if the proposed structures are in compliance with applicable provisions of this resolution including provisions in applicable Zone District Regulation about use, lot area, lot coverage, floor area ratio, setback and height (4) Plans, elevations, sections and details to determine if building complies with plumbing, building, and electrical codes (5) Provisions of domestic water, sewage disposal, electric power service and any other proposed utility improvements serving the subject lot sufficiently detailed to determine if requirements under this resolution and other county and state regulations are satisfied (6) Any other information of a specialized nature that might be unique to the subject lot. Requirements from Section 9.03 of Zoning Regulations 9.03.01 Application: Conditional use permits shall be filed with the Planning Director by owner or entities with statutory authority to obtain ownership or land rights pursuant to eminent domain powers 9.03.01 (1) Shall be filed with supporting info, plans, letters of approval from responsible agencies or other local and state federal permit applications to satisfy these requirements 4 Location in Report Sec. 3.0 Sec.1.1, Figs. 1 & 2, &App. c Cover letter Sec. 1.0, Figs., & Apps. 8/16/2007 Appendix D Grading permit application M:\PDC\Conditional Use Permit Application\Condllional Use Permit Application.doc ENSR August 2007 Petroleum Development Corporation August 16, 2007 Garfield County Building and Planning Attn: David Pesnichak, Senior Plaimer 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: PDC Temporary Employee Housing Facility & Laydown Yard Grading Permit Application Section 36, Township 6 South, Range 96 West Garfield County, Colorado Dear Mr. Pesnichak: Enclosed please find two copies of the completed grading pennit application for a temporary employee housing facility and laydown yard to be located on the mesa north of · Parachute, in Section 36, T6S, R97W. The enclosed pennit application includes the soils report and grading plan drawings. Also enclosed is a check in the ai11ount of $400.00 to cover the filing fee for this application. Petroleum Development Corporation ("PDC") desires to expeditiously construct ai1d operate a temporary housing facility for 50 employees and a laydown yard to support nearby drilling activities. This grading permit application. will be included as an attachment to the Special Use Permit application for the temporary housing facility, which will be submitted to Garfield County in the near future. PDC appreciates the work provided by the Garfield County in processing this application. Please do not hesitate to contact me at 303-860-5800 if you have any questions or comments. M ~P~ENT CORPORATION I~ ~l Enclosures cc: Kent Lindberg, RETEC-ENSR Tyson Jolmston, PDC CORPORATE OFFICE, Petroleum Development Corporation 120 Genesis Boulevard • P.O. Box 26 Bridgeport, WV 26330 304-842-3597 DENVER OFFICE, Petroleum Development Corporation 1775 Sherman Street, Suite 3000 Denver. CO 80203 303-860-5800 EVANS OFFICE, Petroleum ·oevelopment Corporation 3801 Carson Avenue Evans, CO 80620 970-506-9272 GARFIELD COUNTY GRADING PERMIT APPLICATION 108 gth Street, Suite201, Glenwood Springs, CO 81601 Phone: 97.0·945·8212 /Fax: 970-384-3470 I Inspection Line: 970-384-5003 PermitNo: ~-------~ Parcel/Schedule No:--------- Job Address: Pucketts's Haystack Ranch-Roan Plateau, 6.5 Miles west-northwest of Parachute, Colorado 1 Lot No: Block No: Subd. /Exemption: Lots 2 and 3 of Section 36 ofTownship 6 South, Ran2:e 97 West, Latitude 39.483, Longitude 108.166 2 Owner: James P. Wason, Attorney in Fact, Address Ph: Wk Ph: Petroleum Development Corporation Suite.3000 303-860-5800 (see note below) 1775 Sherman Street 303-860-5800 ,..... ·v --r.o go?03 3 Contractor: Address: Ph: Unknown 4 Engineer: Address: Ph: Lie. No. Thomas M. K.reutz, P .E. 1726 Cole Blvd 303-271-211 I 28362 ENSR Corporation (dba The RETEC Group, Inc.) Golden, CO 80401 5 Sq. Ft. Grading 263,300 Cu.Yd. of Grading 35,500 6 Describe Work: Construct temporary employee housing facility for 50 employees and laydown yard to support nearby gas drilling activities. See attached soil report and grading plan drawings. . THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR, IF CONSTRUCTION Fee: $400.00 Dated Permit Issued: OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HA VE READ AND EXAMINED THIS APPLICATION A.ND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAW GOVERNING IBIS TYPE OF WORK \\'ILL BE COMPLETED WITHIN WHETHER SPECIFIED HEREIN OR NO'.I\ THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE L THE PROVISIONS OF ANY O~~>OCAL LA W 1 (LATING C~rTRUCTJON OR THE PERFO N OF ONSTRUCTIO , . "" Conditions to Permit: SJGNA TORE \F OWNER f., ) ~ BUil..Dil'IG AND PLANNING APPROVAL/DATE AGREEMENT IN CONSIDERATION OF THE ISSUANCE OF THIS PERMIT, THE SIGNER HEREBY AGREES TO COMPLY WITH ALL CODES AND LAND USE REGULATIONS ADOPTED BY GARFIELD COUNTY PURSUANT TO AUTHORITY GIVEN IN 30.2R.20l CRS AS AMENDED. THE SIGNER FURTHER AGREES THAT IF THE ABOVE SAID ORDINANCES ARE NOT FULLY COMPILED WITH IN THE LOCATION, ERECTJON, CONSTRUCTION, AND USE OF THE ABOVE DESCRIBED WORK, THE PERM:IT MAY BE REVOKED BY NOTICE FROM THE COUNTY AND THAT THEN AND THERE tr° SHALL BECOME NULL AND VOID. THE ISSUANCE OF A PERMT BASED UPON PLANS, SPECIFICATIONS AND OTHER DATA SHALL NOT PREVENT THE BUILDING OFFICIAL FROM THEREAFTER REQUIRING THE· CORRECTION OF ERRORS IN SAID PLANS, SPECIFICATIONS A.ND OTIIER DATA OR FROM PREVENTING CONSTRUCTION OPERATION BEING CARRIED ON THEREUNDER WHEN IN VIOLATION OF THS CODE OR ANY OTHER ORDINANCE OR REGULATION OF THIS JURISDICTION. THE REVIEW OF SUBMITTED PLANS AND SPECIFICATIONS AND INSPECTIONS CONDUCTED THEREAFTER DOES NOT CONSTITUTE AN ACCEPTANCE QF ANY RESPONSIBILITIES OR LIABLITIES BY GARFIEID COUNTY FOR ERRORS, OMISSIONS OR DISCREPENCIES. THE RESPONSIBILITI' FOR THESE ITEMS AND IMPLEMENTATION DURING CONSTRUCTION RESTS SPECIFICIALLY \\'ITH THE ARCIUTECT, DESIGNER, BUILDER, AND OWNER. COMMENTS ARE INTENDED TO BE CONSERVATIVE AND IN SUPPORT OF THE OWNERS INTEREST. · Garfom.003 rA Y1--- I HEREBY ACKNOWLEDGE THAT I HA VE READ AND UNDERSTAND THE AGREEMENT ABOVE (INITIA~ · Note: Petroleu1n Develop1nent Corporation is agent for the 0\~1 ner: Puckett Land Con1pany. SOILS REPORT PDC TEMPORARY EMPLOYEE HOUSING PROJECT & LAYDOWN YARD GARFIELD COUNTY Property Location: Puckett's Haystack Ranch Section 36 ofTownship 6 South, and Range 97 West Latitude-39.483°, Longitude-108.166° Zoning: Resource Lands Owner: Puckett Land Company 5460 South Quebec Street, Suite 250 Greenwood Village, Colorado 80111 303-773-1094 Agent For Owner: Petroleum Development Corporation 1 775 Sherman Street, Suite 3000 Denver, Colorado 80203 303-860-5800 Engineer: Thomas M. Kreutz, P .E. Project Description The RETEC Group, Inc. -Merged with ENSR in 2007 1726 Cole Blvd., Suite 150 Golden, Colorado 80401 303-271-2111 Petroleum Development Corporation (PDC) desires to operate a temporary employee housing (TEH) facility to provide year-round housing for 50 employees. A Special Use Permit Application for this TEH facility will be submitted to Garfield County. The TEH facility would be located about 6.5 miles west-northwest of Parachute Colorado on an eight acre, privately owned site on the Roan Plateau. The facility will provide lodging, food, and laundry services for the employees. The elevation of the site is about 8190 feet MSL. The TEH facility is located in a remote area where public sewer service, electric power, and drinking water supply are not available. PDC is proposing to provide manufactured housing for the employees at the facility. Potable water from a nearby public water system will be delivered to the facility and stored in portable water storage tanks. Domestic wastewater generated from the facility will be trucked from the site and disposed of at a nearby domestic wastewater treatment system until the construction of an Individual Sewage Disposal System (ISDS) is complete. The ISDS treatment train recommended for the TEH facility will include a septic tank, subsurface flow constructed wetland, and a dripline soil absorption system. Electrical power to the facility will be supplied using natural gas engine generators unless overhead electrical power lines are brought into the area. Soil Report PDC Ten1porary Eniployee Hou~ .:Jroject & Laydo1-v11 Yard Gmfzeld County The manufactured housing shall be installed on a shallow foundation. The portable water tanks, natural gas engine generators, septic tank, vaults, and sumps shall be installed on compacted granular bedding. The embankment required for the lined subsurface flow constructed wetland shall be sufficient to achieve a depth of 45 inches within the impoundment. The projected life of the TEH facility is seven years, which is the anticipated period necessary to complete scheduled drilling activities in the area. After completion of these drilling activities, the facility will be demolished and the site reclaimed. Soil Testing The site consists of uncultivated native soil with slopes ranging between 5%-20%, draining to the northeast. A deep observation hole was excavated in the center of the proposed absorption area. The deep observation hole was terminated at a depth of 96 inches and was dug using a backhoe. The location of the deep observation hole is shown on Figure I. Visual observations of the deep hole indicated that t11ere was no evidence of seasonal high groundwater table or any saturated soil within the excavation. The distinct soil horizons found within the excavation are described below. Depth (inches) 0-24 24-48 48-66 66-96 Description Topsoil, dark brown silty loam, loam, friable, moist, slightly plastic, fine to medium roots Orange brown sandy loam, 60% fine and medium channery material, gray siltstone with some orange sandstone fragments Dark brown silty loam, 60% fine and medium cha1mery material, gray siltstone fragments 80% channery material, gray siltstone fragments, dark brown silty loam h1 addition, soil percolation tests were perfonned in thilieen shallow test holes that were unifonnly spaced over the proposed absorption area. The locations of tlie percolation test holes are also shown on Figure 1. The development of allowable hydraulic loading rates for the absmption area will be presented in the Engineering Repo1i for the ISDS. Erosion Control Measures The Stonnwater Management Plan for the site shall be prepared in accordance with CDPHE Water Quality Control Division regulations. Construct and maintain the erosion/sedimentation control facilities as per the Stonnwater Management Plan and Grading Plan. Page 2 of3 Soil Report PDC Temporary Employee Housing Project & Laydown Yard Gmfie/d Cou1101 The 1naximum slope for excavations shall be 2 horizontal to 1 vertical. The maximum slope for fills shall be 3 horizontal to 1 vertical. Earthwork Requirements • Strip topsoil from the employee housing area, associated vehicle parking area, and the site of the subsurface flow constructed wetland. Stockpile this material as necessary to complete construction activities and unifonnly spread excess material across the laydown yard. • Embankment for the subsurface flow wetland shall be constmcted, as necessary, using soil classification groups GM (silty gravel) or GC (clay-like gravel) as per ASTMD2487. • Other structural backfill shall use soil classification groups GM (silty gravel), GW (well-graded gravel), GP (poorly-graded gravel), SW (well-graded sand), or SP (poorly graded sand) as per ASTM D 2487. • Native topsoil; free of vegetative matter, debris, and rock larger than 1 inch, may be utilized to provide an adequate subgrade for the wetland liner. • Extend structural excavation laterally from structure walls a minimum of 2 feet to allow for clearance for observation and placement and removal of fonns. • Filling/backfilling shall be done in continuous layers not exceeding 8-inch thickness. • Maintain optimum moisture content of fill/backfill to attain required compaction density. • Minimum compacted granular bedding thickness under and around all tanks, valve vaults, pump stations and similar structures shall be 3 inches. • Do not compact soils in absorption areas. Minimize construction activities in and on the absorption areas. • Soils within 6 inches of the liner shall be compacted to 95 % density at± 3% of optimum moisture content. Complete subgrade to a smooth surface, free of debris greater than 1-inch, and acceptable to liner installer. • Structural fill/backfill, fill for embankments, and traffic area trenches shall be compacted to 95% density at± 3% of optimum moisture content. • Common fill/backfill and non-traffic trench areas shall be compacted to 90% density at± 3% of optirnum moisture content. Page 3 of3 ENSR U.S. Locations AK, Anchorage MA, Westford TX, Dallas (907) 561-5700 (978) 589-3000 (972) 509-2250 AL, Birmingham MA, Woods Hole TX, Houston (205) 980-0054 (508) 457-7900 (713) 520-9900 AL, Florence MD, Columbia TX, San Antonio (256) 767-1210 ( 41 0) 884-9280 (210) 296-2125 CA, Alameda ME, Portland VA, Chesapeake (510) 748-6700 (207) 773-9501 (757) 312-0063 CA, Camarillo Ml, Detroit VA, Glen Allen (805) 388-3775 (269) 385-4245 (804) 290-7920 CA, Orange MN, Minneapolis WA, Redmond (714) 973-9740 (952) 924-0117 (425) 881-7700 CA, Sacramento NC, Charlotte WI, Milwaukee (916) 362-7100 (704) 529-1755 (262) 523-2040 CO, Ft. Collins NC, Raleigh Headquarters (970) 493-8878 (919) 872-6600 MA, Westford CO, Ft. Collins Tox Lab. NH, Belmont (978) 589-3000 (970) 416-0916 (603) 524-8866 CT, Stamford NJ, Piscataway Worldwide Locations (203) 323-6620 (732) 981-0200 CT, Willington NY, Albany Azerbaijan (860) 429-5323 (518) 453-6444 Belgium Bolivia FL, St. Petersburg NY, Rochester Brazil (727) 577-5430 (585) 381-2210 China FL, Tallahassee NY, Syracuse England France (850) 385-5006 (315) 432-0506 Germany GA, Norcross NY, Syracuse Air Lab. Ireland (770) 381-1836 (315) 432-0506 Italy IL, Chicago OH, Cincinnati Japan Malaysia (630) 836-1700 (513) 772-7800 Netherlands IL, Collinsville PA, Langhorne Philippines (618) 344-1545 (215) 757-4900 Scotland LA, Baton Rouge PA, Pittsburgh Singapore Thailand (225) 751-3012 (412) 261-2910 Turkey MA, Harvard Air Lab. RI, Providence Venezuela (978) 772-2345 ( 4Q1) 27 4-5685 MA, Sagamore Beach SC, Columbia (508) 888-3900 (803) 216-0003 www.ensr.aecom.com ... ,gad wit~ ~NSR '" 1001 /0.RETEC A Trusted Global Environmental, Health and Safety Partner RETEC Locations AK, Anchorage (907) 561-5700 CA, Long Beach (562) 420-2933 CO, Fort Collins (970) 493-3700 CO, Golden (303) 271-2100 CT, New Haven (203) 776-2358 GA, Atlanta (770) 296-9300 IL, Chicago (773) 714-9900 IN, Carmel (317) 843-0008 ldl'g•d "'"" Ul~R In 2007 ,,.,.. flt i:-·-r , -.-i;W~"\.C it.\ .. ENSR KS, Shawnee Mission PA, Monroeville (913) 362-8444 (412) 380-0140 MA, Concord TX, Austin (978) 371-1422 (512) 330-0507 MN, St. Paul WA, Bellingham (651) 222-0841 (360) 647-0990 MT Billings WA, Seattle (406) 652-7481 (206) 624-9349 NC, Morrisville WA, Vancouver (919) 651-5700 (360) 695-5706 NY, Ithaca WY, Casper (607) 277-5716 (307) 261-4209 NY, Nyack (845) 348-1520 PA, Eagleville (610) 650-8770 A Trusted Global Environmental, Health and Safety~ . .3r Appendix A Deed and legal description of property Moro•~ Wll~ £NSR In 2007 40-RETEC M:\PDC\Condltional Use Permit Application\Conditional Use. Permit Application.doc ENSR August 2007 . , . ....:,_,_ :~{ .. ':·::'··:~::·. ,. FECOllOED AT / 1~ O'CLOCK'f.M. DEC 61990 · ..... -.:··:·: :.,;. .. .· .. ::::~F!~:~' BOOK 794 PAGE4!J7. :r-:.;, rEC ~ 419366 I MILDRED ALSDORF1 COUNTY CLERK GARFIELD COUN1Y1 COLORADO 0~tRF1~~990 State Doc. l'ee ND REAL PROPERTY TRANSFER DEClARA TION ACCoMPANiEO THIS oor.UMf.Nl SPECIAL WARRANTY DEED (Garfield county, Colorado) $33,qq •';\.\ ';: ·' ..... ATLANTIC RICHF!ELD COMPANY, acting through its ARCO coal company division ("Seller"), a Delaware corporation, whose address is 555 Seventeenth Street, Denver, Colorado 80202, Attn: Land Department, fot and in consideration of ONE HUNDRED DOLLARS ($100.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants, bargains, sells and conveys to PUCKETT LAND COMPANY ("Purchaser"), a Colorado corporation, whose address is 7800 East Union Avenue, Suite 130, Denver, Colorado 80.237, and their successors and assigns forever, the following real property located in Garfield County, Colorado: a. -All of Seller's right, title and interest, in and to the fee, mineral and real property interests, excluding the water Tights,-i·f· any;· ·in the -real property-locan;d ·in: Garfiela-· County, Colorado as more specifically described in Exhibit A (the 11 Properties 11 ); b. All of Seller's right, title and interest in and to the water rights, if any, listed on Tables 1-4 attached hereto (the "Water Rights"). c. All of Seller's right, title and interest in and to all personal property, buildings and improvements located on and appurtenant to the properties described in Exhibit A (the "Improvements"). The Water Rights and Improvements are sold AS IS, WHERE IS, and Seller makes no warranties or representations of any kind or character, express or implied, including any warranty of title, quality, merchantability or fitness for a particular purpose, including without limitation the condition of the Improvements or their electrical, mechanical, plumbing, structural, roof or any other system, and the title, quantity, quality, priority or right to use the water rights conveyed with the Properties. Further, Seller makes no representations or warranties whatsoever regarding the zoning or other restrictions of any of the Assets or regarding what alternative uses to which the Assets might be put, The Properties are sold AS rs, WHERE IS, and Seller makes no representation or warranty of any kind and character, express or implied as to real property title, except that Seller does warrant title against any claim arising by, through or under Seller as to the real property title to the Properties . ·.;. /· ·:;: ;'. ;.:·~ f~JI .mil '.\·.:t ,.:~:~~i ~:r~1 ~~: !i . .~~t~· ':{~~t ::·:'.~1 :·r~~i~ . . ... /l·~w:'h'.j~¥11; ~OOK 794 fAG,49S ' · .. ;J • . .. (~< ·::·.· . ; ... :-··~-... · ... : :· . .'· The parties specifically agree that the terms, conditions, representations and warranties contained in that certain Purchase and Sale Agreement (Oil Shale Properties) dated October 31, 1990, by and between ARCO and Puckett, will not merge with the terms, conditions, representations and warranties contained in this Special Warranty Deed. In Witness Whereof, Seller has caused these presents to be executed in its corporate name by an IJIC.'E ]>ppl~ of the Corporation, effective as of the ~/~day of Novem~l990. ATTEST ARCO COAL COMPANY, a division of ATLANTIC RICHFIELD COMPANY, a Delaware corporation ~r~~ ' ,-~ The foregoing ii:istrument w~ acknowle~ed before me ,this ,.]6 day of November, 1990 by(}-~£. ~)no,/},,__ as f/.. Cl ?;(p1 ,.(,.,;jof ARCO Coal Company / a division of Atlantic Richfield Company 1 a Delaware corpora:·tion. [SEAL] .. ' :~ ;.· · .. ,:, . ,. ;. t; .~. ; · ... ·. )) 11-1, My' cbnirnlssion expires: .. 7, 7-'tl/ -2- ' .. ' j_ .. .r. ···-.:·· . '· SOOK 794 PAGE49$ EXHIBIT A (Garfield, CO) .. --- ' •;;';.; ;-\~ ., .,.; ···:;;·' -~" ·j,:~.:t,\~~L! DOW RIVER -TOSCO 40% . 01 C02140038 THE FOLLOWING DESCRIBED PARCELS OF LAND SITUATf ., LYING AND BEING IN THE COUNTY OF GARFIELD AND STATE OF COLORADO, TO WIT: TRACT 1: SECTION 34 (AND SECTION 3, TOWNSHIP 7 SO.JTH, RANGE 95 WEST OF THE 6TH P.M.) THAT PART OF THE EAST HALF (E/2) OF THE SOUTHWEST QUARTER (SW/4), SECTION 34. TOWNSHIP 6 SOUTH, RANGE 95 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND THAT PART OF LOT ONE (1), SECTION 3, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING SOlJTHERL Y AND EASTERLY OF THE FOLLOWING. DESCRIBED LINE: BEGINNING AT A-POINT ON THE EAST LINE OF SAID EAST HALF (E/2) OF THE SOUTHWEST QUARTER (SW/4) AND SOUTHERLY BANK OF WILCOX CANAL WHENCE THE NORTH QUARTER (N/4) CORNER OF SAID SECTION 34 BEARS NORTH 0 DEGREES 30 MINUTES EAST, 2,987.9 FEET: THENCE FOLLOWING THE SOUTHERLY BANK OF THE WILCOX CANAL SOUTH 61 DEGREES 0 MINUTES WEST, 631.6 FEET; THENCE SOUTH 41 DEGREES 01 MINUTES WEST. 476.9 FEET; THENCE SOUTH 59 ne<?~!:ES 55 Ml~·:l!TES WEST, ~:<~.o FEET TO THE CENTER OF COTIONWOOD CREEK; THENCE, FOLLOWING THE CENTER OF COTTONWOOD CREEK, SOUTH 30 DEGREES 0 MINUTES EAST, 37.0 FEET; THENCE SOUTH 57 DEGREES 30 MINUTES EAST, 95.0 FEET; THENCE SOUTH 24 DEGREES 0 MINUTES EAST, 218.0 FEET. ·-x·:cc· THENCE SOUTH 14 DEGREES 0 MINUTES WEST, 250 FEET; THENCE SOUTH 1 '· DEGREES O MINUTES EAST, 106 FEET; THENCE SOUTH 32 DEGREES 0 MINlffES WEST, 160 FEET; THENCE SOlffH 17 DEGREES 30 MINUTES EAST, 228 FEET; THENCE SOUTH 15 DEGREES 0 MINUTES EAST. 138 FEET; THENCE SOUTH 53 DEGREES 0 MINUTES WEST, 103 FEET: THENCE SOUTH 19 DEGREES 30 MINUTES EAST, 190 FEET; THENCE SOUTH 5 DEGREES 0 MINUTES WEST, 215 FEET; THENCE SOUTH 2 DEGREES O MINUTES EAST, 180 FEET; THENCE SOUTH 21 DEGREES 0 MINUTES WEST, 253 FEET; THENCE SOUTH 40 DEGREES O MINlffES EAST, 75 FEET; THENCE SOUTH 1 DEGREES 0 MINlffES WEST 108 FEET; AND THENCE SOUTH 50 FEET TO THE COLORADO RIVER. , SECTION 34: SOUTH HALF (S/2) OF THE NORTHEAST QUARTER (NEl4), EXCEPT THE NORTHWEST QUARTER (NW/4) OF THE SOUTHWEST QUARTER (SW/4) OF THE NORTHEAST QUARTER (NE/4); THE NORTH HALF (N/2) OF THE SOUTHEAST QUARTER (SEl4); THAT PART OF LOT ONE (1) LYlNG NORTHERLY OF THE RAILROAD. RIGHT-OF-WAY; AND LOT TWO (2). SECTION 35: SOUTHWEST QUARTER (SW/4) OF THE NORTHWEST QUARTER (NW/4); NORTHEAST QUARTER (NE/4) OF THE NORTHWEST QUARTER (NW/4); NORTHWEST QUARTER (NW/4) OF THE NORTHEAST -1- ~ . ····· ...... ·.· .. · ... ...... . ;_ DOW RNER -continued QUARTER (NE/4); SOUTHEAST QUARTER (SE/4) OF THE NORTHWEST QUARTER (NW/4); THAT PART OF THE NORTHWEST QUARTER {t'NV/4) OF THE SOUTHWEST QUARTER (SW/4) AND LOTS ONE {1), THREE (3), FOUR (4) AND EIGHT (6) LYING NORTHERLY OF THE RAILROAD RIGHT-OF-WAY. SECTION 36: THAT PART OF LOT THREE (3), LYING NORTH OF THE RAILROAD RIGHT-OF-WAY; AND SECTION 26; THE SOUTHEAST QUARTER (SE/4) OF THE SOUTHEA&T QUARTER ~~. --~ SECTION 25: THAT PART OF THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHWEST QUARTER (SW/4) LYING NORTH OF THE RAILROAD RIGHT-OF-WAY. EXCEPT THOSE PARCELS OF LAND KNOWN AS PARCELS NO. 400, 401, E-401A AND E-401-B AWARDED TO STATE DEPARTMENT OF HIGHW/\YS, DIVISION OF HIGHWAYS, STATE OF COLORADO, BYAMENDE~ ~ULEAN[) C)RDER CASE NO. 79 _CV_96 DATED. -12/15/1961. CONTAINING 458.759 ACRES, MORE OR LESS . . . : .· . ·: .. : .. :~: . ··,·· .. :,.-. .. ·· ... ..·· ., ..... .· · .. -2· . ;·. --- HAYSTACK/PIONEER 01C0218001 B 01C0218002B '. m 794 rAGE501 THOSE CERTAIN LANDS AND REAL PROPERTY, WITH THEIR APPURTENANCES SITUATED, LYING AND BEING IN THE COUNTY OF GARFIELD, STATE OF COLORADO,· ... DESCRIBED AS FOLLOWS, TO-WIT: THE ANNEX NO. 3, ANNEX NO. 4, ANNEX NO. 5, ANNEX NO. 7 AND ANNEX NO. B OIL SHALE PLACER MINING CLAIMS, SITUATE IN THE MT. LOGAN MINING DISTRICT, GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: TOWNSHIP 7 SOUTH, RANGE 96 WEST, 6TH P.M. SECTION 17: NW1/4 (ANNEX NO. 3 CLAIM) SECTION 18: NE1/4 (ANNEX NO. 4 CLAIM) SECTION l8: NW1 /4 (ANNEX NO. 5 CLAIM) SECTION 7: SE1/4 (ANNEX NO. 7 CLAIM) SECTION B: SW1 /4 (ANNEX NO. 8 CLAIM) CONTAINING BOO ACRES, MORE OR LESS. --~.. -·--· . THE FOLLOWING TRACTS OR PARCELS OF LAND, SITUATE IN THE COUN'TY OF GARFIELD. AND STATE OF COLORADO, AND PARTICULARLY DESCRIBED AS TRACTS NOS. 1 TO 13 INCL (1) NO. 316 FEE· THE JESSYE B. NO. 7 CLAIM COMPRISING THE SOUTHWEST QUARTER (SW1f4) OF SECTION THIRTY (30) IN TOWNSHIP SIX (6) SOUTH OF RANGE N1Ni::TY-l31X (M) WEST IJF T1 'E SIXTH (STH) PRINCIPAL MERIDIAN; THE JESSYE B. NO. B CLAIM COMPRISING THE LOTS THREE (3) AND FOUR (4) AND THE WEST HALF 0f'/1(2) OF THE SOUTHEAST QUARTER (SE1/4) OF SAID SECTION THIRTY (30); THE JESSYE B. NO, 9 CLAIM COMPRISING THE NORTHWEST QUARTER (NW1/4) OF SECTION THIRTY-ONE (31), SAID TOWNSHIP AND RANGE; AND THE JESSYE B. NO. 12 CLAIM COMPRISING THE LOTS SIX (6) AND SEVEN (7) AND THE NORTH HALF (N1/2) OF THE SOUTHWEST QUARTER (SWtf4) OF SAID SECTION THIRTY-ONE (31); THE PREMISES HEREIN GRANTED, CONTAINING 600.05 ACRES, MORE OR LESS. (2) NO. 317 FEE· THE DENVER NO. 96 PLACER MINING CLAIM, EMBRACING THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY-FIVE (25); THE DENVER NO. 117 PLACER MINING CLAIM, EMBRACING THE NORTHEAST QUARTER (NE1f4) OF SECTION TWENTY-THREE (23); THE DENVER NO. 116 PLACER MINING CLAIM, EMBRACING THE NORTHWEST QUARTER (NW1/4) OF SECTION TWENTY-THREE (23); THE DENVER NO. 122 PLACER MINING CLAIM, EMBRACING THE NORTHWEST QUARTER (NW1f4) OF SECTION TWENTY-FOUR (24); THE DENVER NO. 124 PLACER MINING CLAIM, EMBRACING THE SOUTHWEST QUARTER (SW1/4) OF SECTION TWF.NTY-FOUR (24); ALL IN TOWNSHIP SIX (6) SOUTH, RANGE NINETY-SF.VEN (97) WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN AND CONTAINING 800 ACRES, MORE OR LESS. (3) NO, 318 FEE -JESSYE B. NO. 1, NORTHEAST QUARTER (NE1 /4) OF SECTION TWENT{·FOUR (24), TOWNSHIP SIX (5) ;. 1-~. !."'l -:i .:i ·;. -3- BOOK 794 f&GE502 HAYSTACK/PIONEER -continued SOUTH. RANGE NINETY-SEVEN (97) WEST JESSYE B. NO. 2, SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-FOUR (24), TOWNSHIP SIX (6) SOUTH RANGE NINETY-SEVEN (97) WEST JESSYE 8. NO. 3, SOUTHWEST QUARTER (SW1/4) OF SECTION NINETEEN (19), TOWNSHIP SIX (6) SOUTH, RANGE' ~INETY-SIX (96) WEST JESSYE B. NO. 4, NORTHWEST QUARTER (NW1/4) OF SECTION THIRTY (30), TOWNSHIP SIX (6) SOUTH, RANGE NINETY-SIX (96) WEST JESSYE B. NO. 5, NORTHEAST QUARTER (NE1 /4) OF SECTION TWENTY-FfVE (25), TOWNSHIP SIX (6) SOUTH, RANGE NINETY-SEVEN (97) WEST AND CONTAINING 800 ACRES, MORE OR LESS. (4) NO. 319 FEE -THE SOUTHWEST QUARTER (SW1/4) OF THE NORTl-llNES;f QUARTER (NW1/4) AND THE NORTH ONE-HALF (N112) OF THE SOUTHWEST QUARTER (SW1/4) AND THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHEAST QUARTER (SE1 /4) OF SECTION THIRTY-TWO {32), TOWNSHIP SIX (6) SOUTH, RANGE. NINETY-SIX. (96) WEST, .AND CONTAINING 160 ACRES. MORE .OR LESS .. (5) NO. 329 FEE · TWO (2) CERTAIN PATENTED PLACER MINING CLAIMS KNOWN AS THE A.0.S.P. NO. 10 AND ,\.O.S.P. NO. 11 PLACER MINING CLAIMS, SITUATE IN G,\RFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: THE A.0.S.P. NO. 10 CLAIM COMPRISING THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-SIX (26) IN TOWNSHIP SIX (6) SOUTH OF RANGE NINETY-SEVEN (97) WEST OF THE SIXTH PRINCIPAL MERIDIAN; AND THE A.0.$.P. NO. 11 Clft.IM COMrP.:S:NG THE SOUTHWEST QUARTER (SW1f4) OF SAID SECTION TWENTY-SIX (26); THE PREMISES HEREIN GRANTED CONTAINING THREE HUNDRED TWENTY ACRES, BEING THE IDENTICAL PREMISES DESCRIBED IN PATENT NO. 940679, COVERING SAID LANOS, WHICH WAS DULY RECORDED IN THE OFFICE OF THE COUNTY Ci..ERK AND RECORDER OF GARFIELD COUNTY COLORADO, ON JULY 10, 1924, IN BOO,"< 141 AT PAGE 536. (6) NO. 330 FEE ·THE A.0.S.P. NO. 5 PLACER MINING CLAIM, SITUATE IN THE PARACHUTE MINING DISTRICT, GARFIELD COUNTY, COLORADO, DESCRIBED AS THE TRACT SIXTY-THREE OF SECTION ONE (1) IN TOWNSHIP SEVEN (7) SOUTH ufi RANGE NINETY-SEVEN (97) WEST OF THE SDCTH PRINCIPAL MERIDIAN, AND CONTAINING 160 ACRES, MORE OR LESS. THE JESSYE B. NO. 6, JESSYE B. NO. 10, JESSYE B. NO. 11, JESSYE B. NO. 13, JESSYE 8. NO. 16, A.0.S.P. NO. 1, A.O:SiP: NO. 2, A.0.S.P. NO. 4, AND A.0.S.P. NO. 5 PLACER MINING CLAIMS, SITUATE IN THE PARACHUTE MINING DISTRICT, GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: THE JESSYE B. NO. 6 CLAIM, COMPRISING THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY·FIVE (25) IN TOWNSHIP SIX (6) SOUTH OF RANGE NINETY-SEVEN (97) WEST; · -4- ' .... ··. . ".··1 3 .. ···: .. ·· .. -· ~DOK ?94 PAGE503 HAYSTACKJPIONEER -continued ;:}[~}.~\:_:: .. · 11-lE JESSYE B. NO. 10 CLAIM, COMPRISING LOTS ONE (1) AND TWO (2) OF ·• SECTION THIRTY-SIX (36), IN TOWNSHIP SIX (6) SOUTH OF RANGE NINETY-SEVEill.;;;;}Y,;;,: (97) WEST; ·· ""'':"'' . TRACT FIFTY-NINE (59) OF SECTION ONE (1) IN TOWNSHIP SEVEN (7) SOUTH, . RANGE NINETY-SEVEN (97) WEST: THE JESSYE B. NO. 11 CLAIM COMPRISING TRACT SIXTY (60) OF SECTION ONE (1 ); TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SEVEN (97) WEST; THE JESSYE 8. NO. 13 CLAIM COMPRISING LOTS FNE (5) AND SIX (6) AND THE SOUTH HALF (S1/2) OF SOUTHEAST QUARTER (SE1/4) OF SECTION ONE (1) AND THE NORTH HALF (N1/2) OF NORTH HALF (N1/2) OF NORTHEAST QUARTER (NE1/4) AND NORTH HALF (N1/2) OF NORTH HALF (N1/2) CIF SOUTH HALF (S1/2) OF NORTH HALF (N1/2) OF NORTHEAST QUARTER (NE1{4) OF SECTION TWELVE (12), TOW~SHIP SEVEN (7) SOUTH OF RANGE NINETY-SEVEN (97) WEST; THE:JESSYE.B. NO. 16 CLAIM COMPRiSING THE SOVTH HALF (S1/2) OF NORTH HALF (N1/2) OF SOUTH HALF (S1/2) OF NORTH HALF (N1/2) OF THE NORTHEAST QUARTER (NE1/4), SOUTH HALF (S1/2) OF SOUTH HALF (S1/2) OF NORTH HALF (N1/2) OF THE NORTHEAST QUART:OR {NE1/4), SOUTH HALF(S1/2) OF NORTHEAST QUARTER (NE1/4), THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE SOUTHEAST QUARTER (SE1/4), THE NORTH HALF (N1/2) OF NORTH HALF (N1/2) OF SOUTH ~.AL!= '.S'./2) OF NORTH HALF (N1/2) OF THE SOUTHEAST QUARTER :sE~/4} OF SECTION TWELVE (12), TOWNSHIP SEl.'EN (7) SOUTH OF RANGE NINETY-SEVEN (97) WEST; '·. vr . . THE A.0.S.P. NO. 1 CLAIM COMPRISING THE SOUTHWEST QUARTER (SW1{4) •d!f;-:wwc' SECTION TWENTY-FIVE (25), TOWNSHIP S!X (6) SOUTH OF RANGE NINETY-SEVHi'•''c'~ (97) WEST; (7) NO. 330 FEE -THE A.0.S.P. NO. 2 CLAIM COMPRISING LOTS THREE (3) AND FOUR (4) OF SECTION THIRTY-SIX (36), TOWNSHIP SIX (6) SOUTH OF RANGE NINETY-SEVEN (97) WEST; TRACT SIXTY-TWO (62) OF SECTION or.::: (1 ); TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SEVEN (97) WEST; . A.0.S.P. NO. 4 CLAIM COMPRISING LOTS SEVEN (7) AND EIGHT (8) AND THE SOUTH HALF (S1/2) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION ONE (1) AND THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE NORTHWEST QUARTER (NW1 /4) AND THE NOF{TH HALF (N1/2) OF THE NORTH HALF (N1 /2) OF THE SOUTH HALF (S1/2) OF THE NORTH HALF (N1/2) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION TWELVE (12), TOWNSHIP SEVEN (7) SOUTH OF RANGE NINETY-SEVEN (97) WEST; A.O.S.P. NO. 5 CLAIM COMPRISING THE SOUTH HALF (S1 /2) OF NORTH HALF (N1f2) OF SOUTH HALF (S1/2) OF NORTH HALF (N1/2) OF THE NORTHWEST QUARTER (NW1/4), THE SOUTH HALF (S1/2) OF SOUTH HALF (S1/2) OF NORTH HALF (N1{2) OF NORTHWEST QUARTER (NW1/4), SOUTH .-1r· -5- ·.·.-·,·. ·.::,··· . •'. BOOK 794 PAGE504 HAYSTACK/PIONEER -continued '\ ' HALF(S1/2) OF THE NORTHWEST QUARTER (NW1/4), THE NORTH HALF (N1/2) OF . NORTH HALF (N1/2) OF THE SOUTHWEST QUARTER (SW1/4), THE NORTH HALF'''{ · {N1 /2) OF NORTH HALF (N1 /2) SOUTH HALF (S1 /2) OF NORTH HALF (N1 /2) OF THE •·· • SOUTHWEST QUARTER (SW1/4) OF SECTION TWELVE (12), TOWNSHIP SEVEN (7) SOUTH. RANGE NINETY-SEVEN (97) WEST; THE PREMISES HEREIN GRANTED CONTAINING ONE THOUSAND FOUR HUNDRED THIRTY-EIGHT AND ELEVEN HUNDREDTHS OF AN ACRE (i.438.11). JESSYE B. NO. 18 PLACER MINING CLAIM SITUATE IN THE PARACHUTE MINING DISTRICT, GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS; LOTS FIVE (5), EIGHT (8) AND NINE (9) AND THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION THIRTY-ONE (31) IN TOWNSHIP SIX (6) SOUTH OF RANGE NINETY-SIX (96) WEST OF THE SIXTH PRINCIPAL MERIDIAN, CONTAINING ONE HUNDRED TWENTY-TWO AND EIGHTEEN HUNDREDTHS OF AN ACRE .(122.18) (8) NO. 331 FEE · THE-JESSYE B, NO. 14 PLACER MINING CLAIM'57(,,> srruATE IN THE PARACHUTE MINING DISTRICT, GARFIELD COUNTY, COLORADO, DESCRIBED AS LOTS SIX (6) AND SEVEN (7), AND THE SOUTH ONE-HALF (S1/2) OF THE NOFl.THWEST QUARTER (NW1/4) OF SECTION SIX {6), TOWNSHIP SEVEN (7) SOUTH. RANGE NINETY-SIX (96). WEST OF THE SIXTH PRINCIPAL. MERIDIAN, CONTAINING 150.89 ACRES, MORE OR LESS. (9) NO =""''.:'. c::;::;: ·THE S!".hND V!t::N ~;:::;,:;;,GRAND VleN NO. 6, AND JESSYE B. NO. 15 PLACER MINING Cl;AIMS, SITUATE IN THE PARACHUTE MINING DISTRICT, GARFIELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: THE GRAND Vl"fm NO. 5 CLAIM COMPRISING THE SOUTHEAST QUARTER (SE1l4},'\\". OF SECTION SIX (6), THE GRAND Vl8N NO. 6 CLAIM COMPRISING LOTS FOUR (4) ,, AND FIVE (5), AND SOUTH ONE-HALF (S1/2) OF NORTHEAST QUARTER (NE1/4) OF SECTiO~SIX (6); . THE JESSYE B. NO. 15 CLAIM COMPRISING THE SOUTHWEST QUARTER (SW1/4) OF SECTION SIX (6); ALL IN TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SIX (96) WEST, CONTAINING 470.83 ACRES, MORE OR LESS. (10) NO. 352 FEE-THE GRAND VIEW NO. 1 PLACER MINING CLAIM, BEING THE NORTHWEST QUARTER (NW1/4) OF SECTION SEVEN (7), TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SIX (96) WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN; . '· i THE GRAND VIEW NO. 2 PlACER MINING CLAIM, BEING THE NORTHEAST QUARTER (NE1/4) OF SECTION SEVEN (7), TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SIX! (96) WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN; AND THE GRAND VIEW NO)/''' 3 PLACER MINING CLAIM. BEING THE NORTHWEST QUARTER (NW1/2) OF SECTION EIGHT (8), :). , ... BOOK 794 PAGE505 HAYSTACK/PIONEER-continued .... ~·' .• :}:.'; .. ;~::.. TOWNSHIP SEVEN (7) SOUTH, RANGE NINETY-SIX (96) WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN AND CONTAINING 480 ACRES, MORE OR LESS. " '".'I (i 1) NO. 377 FEE -THE A.0.S.P. NO. 6, PLACER CLAIM, COMPRISING THE SOUTI:J.,,;i:X)\@ HALF (S1/2) OF THE NORTH HALF (Ni/2) OF THE SOUTH HALF (Si/2) OFTHE NORTH,;1 HALF (N1/2) OF THE NORTHEAST QUARTER (NE1/4), THE SOUTH HALF (Si/2} OF.'· THE SOUTH HALF (S1/2} OF THE NORTH HALF (N1/2) OF THE NORTHEAST QUARTER. (NE1/4), THE SOUTH HALF (Si/2} OF THE NORTHEAST QUARTER {NE1/4), THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2} OF THE SOUTHEAST QUARTER (SE1/4) AND THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE SOUTH HALF (S1/2) OF THE NORTH HALF (N1/2} OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION ELEVEN (11), IN TOWNSHIP SEVEN (7), SOUTH, OF RANGE NINETY-SEVEN (97), WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN; THE A.O.S.P. NO. 7, PlACER CLAIM, COMPRISING THE LOTS FIVE (5) AND SIX (6), AND THE SOLJTH HALF (51/2) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWO (2), IN SAID TOWNSHIP AND RANGE, AND THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE NORTHEAST QUARTER (NE1/4) AND THE NORTH HALF (N1 /2) OF THE NORTH HALF (N1 /2) OF THE SOlJTH HALF (8112) OF THE NORTH HALF (N1/2) OF THE NORTHEAST QUARTER (NE1/4) OF SAID SECTION ELEVEN (11 ); THE A.0.S.P. NO. 8, PLACER CLAIM. GOMPRl8!NG TRACT NO .. SIXTY-SIX (66), IN TOWNSHIP SEVEN (7), SOUTH, OF RANGE NINETY-SEVEN (97), WEST; THE A.0.S.P. NO. 9, PLACER CLAIM, COMPRISING THE LOTS ONE (1) ANO TWO (2),. OF SECTION THIRTY-FIVE (:35), IN TOWNSHIP SIX (6), SOUTH, AND TRACT NO,:,}:J)l, SIXTY-FIVE (65), IN TOWNSHIP SEVEN (7), SOUTH, ALL IN RANGE NINETY-SEVEN (97;j'j~~,,~,.,,, WEST; ·'.° THE A.0.S.P. NO. 13, PLACER CLAIM, COMPRISING THE LOTS SEVEN (7), ANO EIGHT (8), AND THE SOUTH HALF ($1/2) OF THE SOUTHWEST QUARTER (SW1/4} OF SAID SECTION TWO (2), AND THE NORTH HALF (N1/2) OF THE NORTH HALF (Nt/2) OF THE NORTHWEST QUARTER (NW1/4) AND THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF THE SOUTH HALF (S1/2) OF THE NORTH HALF (N1/2) OF THE NORTHWEST QUARTER (NWt /4) OF SAID SECTION ELEVEN (11 ), TOWNSHIP SEVEN (7),. SOUTH, OF RANGE NINETY-SEVEN (97), WEST OF THE SIXTH PRINCIPAL MERIDIAN; AND THE A.O.S.P NO. 14, PLACER CLAIM, COMPRISING THE SOUTH HALF (81/2) OF THE NORTH HALF (N1/2) OF THE SOUTH HALF (S1/2) OF THE NORTH HALF (N1/2) OF •. THE NORTHWEST QUARTER (NW114), THE SOUTH HALF (S1 /2) OF THE SOUTH HALF (S1/2) OF THE NORTH HALF (N1/2) OF THE NORTHWEST QUARTER (NW1/4), THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW11·1), ,/ '7- BOOK 794 P~GE506 HAYSTACK/PIONEER -continued THE NORTH HALF (N1 /2) OF THE NOF.TH HALF (N1 /2) OF THE SOUTHWEST QUARTER (SW1/4) AND THE NORTH HALF (N1/2) OF THE NORTH HALF (N1/2) OF . THE SOUTH HALF (S1 /2) OF THE NORTH HALF (N1 /2) OF THE SOUTHWEST QUARTER:,¥; . (SW1/4) OF SAID SECTION ELEVEN (11). TOWNSHIP SEVEN (7), SOUTH, OF RANGE . NINETY-SEVEN (97), WEST OF THE SIXTH PRINCIPAL MERIDIAN; AND CONTAINING 958.82 ACRES, MORE OR LESS (12) NO. 382 FEE -THE DENVER NO. 101 PLACER MINING CLAIM, COMPRISING THE NORTHEAST QUARTER (NE1/4) OF SECTION TWEN1Y SIX (26), IN TOWNSHIP SIX (6), SOLfTH, OF RANGE NINEll'-SEVEN (97), WEST OF THE SIXTH PRINCIPAL MERIDIAN; THE DENVER N0.102, PLACER MINING CLAIM, COMPRISING THE NORTHWEST QUARTER (NW1/4) OF SECT10NTWENiY-SIX (26), S.l\ID TOWNSHIP AND RANGE; THE DENVER ND. 119 PLACER MINING CLAIM, COMPRISING THE SOUTHEAST QUARTER (SE1/4) OF SECT10N TWENTY-THREE (23), IN TOWNSHIP SIX (6), SOUTH, OF RANGE NINETY-SEVEN (97), WEST OF THE SIXTH PRINCIPAL MERIDIAN: ANO THE DENVER NO: 120. PLACER MINING CLAIM, COMPRISING THE. SOtfri-rWEST .... QUARTER (SW1/4) OF SECTION TWENTY-THREE (23), SAID TOWNSHIP ANO RANGE;> L ·;~ SAID PREMISES CONTAINING 640 ACRES, MORE OR LESS. . (13) NO. 392 FEE • THE RUTH NO. 1, PLACER MINING CLAIM COMPRISING THE LOTS THREE (3) AND FOUR (4), OF SECTION THIRTYFIVE (35), IN TOWNSH!? SIX (6), -5'{11.rru, or-RANGE NINETY-SEVEN (97), WEST OF THE SIXTH PRINCIPAL MFq~DIAN, AND TRACT SIXTY-EIGHT (68) OF SECTION TWO (2), IN TOWNSHIP SEVEN (7), SOUTH, OF RANGE NINETY-SEVEN (97), WEST OF THE SIXTH (6TH) PRINCIPAL MERIDIAN, AND THE A.O.S.P. NO. 12, PLACER MINING CLAIM COMPRISING TRACT SIXTY-NINE (69), OF SECTION TWO (2), TOWNSHIP SEVEN (7), SOUTH, OF RANGE)~( NINETY-SEVEN (97), WEST OF THE SIXTH PRINCIPAL MERIDIAN. SAID PREMISES CONTAINING 318.72 ACRES, MORE OR LESS. BOOK . --~.~-'··-"·---·~'--:.,,""°''""'"'"" ~~;.:h~i&; . ··· .. ···· :··.· '<:'':·x:,{~~I 794 PAGE507. -)~j HAYSTACK/PIONEER -ccntinued T;!~ 01 C021801 78 AN UNDNIDED 40% INTEREST IN AND TO THE FOLLOWING: ·~j~ ALL THE ESTATES, RIGHTS, TITLES AND INTEREST CONVEYED IN THE LANDS, OR .. j IN MINERALS UNDERLYJNG THE LANDS IN GARFIELD COUNTY, COLORADO, BY THE /;;;i FOLLOWING DEEDS; ·., .. ::; ::~ ··r. 1. DEED FROM LEONARD L. AITKEN, JR. TO SOHIO PETROLEUM COMPANY DATED .. , JANUARY 3, 1966AND RECORDED IN BOOK 372AT PAGE 250 OF THE RECORDS ' . IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO. . 2. DEED FROM PIONEER SECURmES CORPORATION TO SOHIO PETROLEUM COMPANY DATED JANUARY 3, 1966 AND RECORDED IN BOOK 372 AT PAGE 253 O_F SAID RECORDS. 3 .. DEED FROM PACIFIC OIL COMPANY TO SOHIO PETROLEUM COMPANY DATED MAY 3. 1965 AND RECORDED IN BOOK 365 AT PAGE 499 OF SAID RECORDS AND CORRECTIVE SPECIAL WARRANTY DEED FROM CHEVRON SHALE OIL COMPANY TO SOHIO PETROLEUM COMPANY DATED APRIL 1, 1972 AND RECORDED IN BOOK 431 AT PAGE 241 OF SAID RECORDS, EXCEPT THAT PORTION OF THE ' 1..ANDS CONlll':YED BY '.:'.'J!'..' DEEDS WHICH WAS CONVEYED BY SOHIO PETROLEUM COMPANY TO cmES SERVICE OIL COMPANY BY DEED DATED OCTOBER 1, 1965 AND RECORDED IN BOOK 370 AT PAGE 385 OF SAID RECORDS. ,::~~ .. ··: -~ . , .. ;~) ~~ .{}~~ ·.: . . ;~- : .... -S.. _;·: , .. ;.:. ··"'".'"'!-.. ·.' .... , .'.~::;·· HAYSTACK/NOL TE/LINDAUER/FREELAND 01 C0219008B THE FOLLOWING DESCRIBED LOT OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE COUNTY OF GARFIELD AND STATE OF COLORADO, TO WIT: TOWNSHIP 7 SOUTH, RANGE 96 WEST, 6TH P. M. SECTION 13: LOTS 4, 10, 11, 12 AND 13 SECTION 14: E/2 SE/4 SECTION 23: LOT 1 SECTION 24: LOTS 2, 3 AND 4 EXCEPT DEEDED RIGHTS OF WAY FOR RAILROAD, PUBL.IC ROADS AND HIGHWAYS, :f!% ~E~~~N~o As;:;c~~~:R~~~og;c:i~~A~~ ~~~~;:i1 ~~ii' A ~~~Et~ · .... : ... •.: .. · .. •.•.·:·:·_:.·.·.·.·.•::.~~·'.·.: .... :.·.·~:·' .. !.• LAND DESCRIBED AS PARCEL RIFLE, PARS. 818-A REV. AND 818-8, DEEDED TO _-:: STATE DEPARTMENT OF HIGHWAYS 06/24/1983, AND DITCHES OF RECORD. ,,,,,• CONTAINING 173.729 ACRES, MORE OR LESS. ·:::A~~ ... -... · •' : . . ·.-.. . . . · .. ·--.. -·. '• -10- •••-•No-· ,.;~,:....:::._,~-,~~~~(~itij SOOK 7911 PACE5()9 ... ~t HAYSTACK/NOLTE/LINDAUER/FREELAND -continued . 01 C0219014B 01 C02190158 .'..w!./;t~t ... THE FOLLOWING REAL PROPERTY IN THE COUNTY OF GARFIELD, STATE OF COLORADO, TO wrr: A TRACT OF LAND LOCATED BETWEEN THE MEANDER LINE OF THE LEFT BANK OF THE COLORADO RIVER AS SHOWN UPON THE GOVERNMENT LAND OFFICE PLAT OF MARCH 12, 1890, AND THE PRESENT COURSE OF THE COLORADO RIVER, LOCATED IN PORTIONS OF SECTION 13 AND 24, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: . COMMENCING AT A POINT ON THE MEANDER LINE OF THE RIGHT BANK OF THE COLORADO RIVER AS SHOWN UPON THE PLAT OF MARCH 12, 1890, FROM WHICH A BUREAU OF RECLAMATION BRASS CAP MONUMENTING THE E1/4 CORNER OF SAID SECTION 13 BEARS N 46 DEGREES 24' 39" E 3113.80 FEET; THENCE S 00 DEGREES 00' 00" W 469.09 FEET; THENCE S 88 DEGREES 52' 30" E 202.82 FEET:THENCE ALONG A LINE DIVIDING THE MEANDER LINES OF THE RIGHT AND LEFT BANKS OF THE COLORADO RIVER AS SHOWN UPON THE'. PlAl.OF MARCH- 12, 1890, S 34 DEGREES 29' 42" W 1613.03 FEET; THENCE ALONG A LINE DNIDING ······' THE MEANDER LINES OF THE RIGHT AND LEFT BANKS OF THE COLORADO RIVER ..... ~: •.. • AS SHOWN UPON THE PLAT OF MARCH 12. 1890, S 85 DEGREES 25' 54• W 498:foY~~~$:1 FEET: TO THE CEl-lTERLINE OF THE COLORADO RIVER; THENCE ALONG THE"~'"'.,, GcNTERLINE OF THE COLORADO RIVER THE 1=0L 1 OWING· C()UPSES AN::J DISTANCES: N 11 DEGREES 35' 23' E 125.89 FEET; THENCE N 10 DEGREES 25' 07' W 69.66 FEET; THENCE N 21 DEGREES 47' 16" W 276.15 FEET; THENCE N 25 DEGREES 18' 47" W 276.96 FEET; THENCE N 29 DEGREES 19' 01" W 110.09 FEET; THENCE N 10 DEGREES 45' 40' W 179.48 FEET; THENCE N 49 DEGREES 47' 54' E 183.27 FEET: THENCE N 40 DEGREES 21' 20' E 112.62 i=EET; THENCE N 26 DEGREES 04' 00' E 246.36 FEET; THENCE N 26 DEGREES 23' 34' E 115.11 FEET; THENCE N 20 DEGREES 19' 47' E 86.22 FEET; THENCE N 31 DEGREES 53' 57" E 109.83 FEET; THENCE N 17 DEGREES 46' 08' E 322.89 FEET; THENCE S 81 DEGREES 10' 00' E 955.94 FEET; TO THE POINT OF BEGINNING, CONTAINING 43.237 ACRES, MORE OR LESS. -11- Jl' :~: • ·:,·;1 .:.:;:~·k;~; '~fi 1 ;~!4 HAYSTACK/NOLTEJUNDAUER!FREELAND -continued 01 C0219017E THE FOLLOWING REAL PROPERTY SITUATED IN SECTION 13, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE SIXTH P.M., GARFIELD COUNTY, COLORADO: PARCEL 1: BEGINNING AT A POINT ON THE EAST LINE OF SECTION 13 WHENCE THE EAST QUARTER CORNER BEARS S 00 DEGREES 56' 57" W 807.328 FEET; THENCE ALONG THE ORIGINAL GOVERNMENT MEANDER LINE S 27 DEGREES 59' W 3877.18 FEET TO THE SOUTH LINE OF SAID SECTION 13; THENCE ALONG SAID SOUTH LINE N 88 DEGREES 52' 30" W 353.176 FEET TO THE ORIGINAL GOVERNMENT MEANDER LINE; THENCE ALONG SAID MEANDER LINE NORTH 467.612 FE:ET; THENCE ALONG SAID MEANDER LINE N 81 DEGREES 1D' W 1071.524 FEET TO THE CENTER LINE OF THE COLORADO RIVER; THENCE ALONG SAID RIVER .. CENTERLINE. IN THE FOLLOWING COURSES: .. N 23 DEGREES 39' E 344.51 FEET; THENCE N 28 DEGREES 46' E 206.15 FEET; THENCE N 33 DEGREES 56' E 644.58 FEET; THENCE N 27 DEGREES 42' E 829.38 FEET; THENCE N 38 DEGREES 49' W 99.86 FEET; THENCE N 34 DEGREES 52' E 150.05 FEET; THENCE N 33 DEGREES 19' E 163.27 FEET; THENCE N 29 DEGREES 37' E 266.75 FEET; THENCE N 69 DEGREES 11' 54" E 458.912 FEET; THENCE N 61 DEGREES 17' 36" E 145.60 FEET; THENCE N 67 DEGREES 34' 01" E 366.38 FEET; THENCE N 74 DEGREES 41' 47" E 151.22 FEET; THENCE N 76 DEGREES 06' 02" E 463.40 FEET; THENCE N 78 DEGREES 17' 42" E 281.99 FEET; THENCE N 78 DEGREES 17' 42" E 116.33 FEET TO THE EAST LINE OF _SAID SECTION 13; THENCE ALONG SAID EAST LINES DO DEGREES 56' 57" W 154.66 FEET TO THE POINT OF BEGINNING. -12- . ,_ . . .· ... : ,:,;:·: . •' ,,.. . •. : : .:.,:::_~. '.~.".:· .. ~.· ; :~'~ ... ·· )~~ ···.< .•• ···•. · · .. " · :,,:.·.c·:· <•:.;.::··::''>:<11'%';11 llOOK 79il l'AGE511 HAYSTACK/NOLTE/LINDAUER/FREELAND -continued ,_ 01 C0219018B ·:.J:G~t~:r 01 C0219021 B '.~'.-;}';·;· • :1···~ .. .'. ·:!~ THE FOLLOWING-DESCRIBED U>.ND, SrTUATE, LYING AND BEING IN THE COUNTY ';~ OF GARFIELD, STATE OF COLORADO, TO-WIT: TOWNSHIP 6 SOUTH, RANGE 96 :.:; WEST, 6TH P.M. SECTION 28: S/2 NW/4 AND THAT PART OF THE NW/4 SW/4 (ALSO :! DESCRIBED AS LOT 9) DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE //'. NORTHWEST CORNER OF SAID NW/4 SW/4; THENCE SOUTH 757 FEET; THENCE . ) EAST 15 FEET; THENCE NORTH 64 DEGREES, EAST 106 FEET; THENCE NORTH c!J 89 DEGREES EAST 64 FEET; THENCE SOUTH . · · .. · : ;¥~ 63 DEGREES EAST 196 FEET; THENCE NORTH ' · (i 42 DEGREES EAST 261 FEET: THENCE SOUTH :,; .;?- 81 DEGREES EAST 97 FEET; THENCE SOUTH 35 DEGREES EAST 116 FEET; THENCE SOUTH 10 DEGREES WEST 63 FEET; THENCE SOUTH 46 DEGREES WEST 90 FEET; THENCE SOUTH 11 DEGREES EAST 214 FEET; THENCE SOUTH 42 'DEGREES E'Ast 276 FEET; THENCE i:Asi . 450 FEET TO THE SOUTHEAST CORNER OF SAID NW/4 SW/4; THENCE NORTH 1320 FEET; THENCE WEST 1320 FEET TO POINT OF BEGINNING; ALSO, THE NE/4 SW/4 EXCEPT THAT PART OF SAID NE/4 SW/4 DESCRIBED AS FOLLOWS, TO-WIT: .. :~ .:~ {;;~~;~ ., ··1 /i ~:. ·:~-' ;·;; :~ '.~i .:1 .~s :'.~ .•!! BEGINNING AT THE SOUTHEAST CORNER OF SAID NE/4 SW/4; THENCE NORTH 214 FEET; THENCE NORTH 47 DEGREES WEST 463 FEET; THENCE SOUTH 50 DEGREES WEST 798 FEET; THENCE EAST 965 FEET TO POINT OF BEGINNING, SAID 0::i EXCEPTION CONTAINING 6.45 ACRES, MORE OR LESS. CONTAINING IN ALL, 145.42 '.:l ACRES, MORE OR LESS. SUBJECT TO A SPECIAL WARRANTY DEED BETWEEN ATLANTIC RICHFIELD COMPANY AND THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY; COLORADO DATED SEPTEMBER 2, 1986. THE FOLLOWING-DESCRIBED LAND, SITUATE, LYING AND BEING IN THE COUNTY ;,; ~: •. ; t; ·::1 OF GARFIELD, STATE OF COLORADO, TO·WIT: 9, TOWNSHIP 6 SOUTH, RANGE 96 WEST, 6TH P.M. :;; SECTION 28: LOT 4 (ALSO DESCRIBED AS NW/4 NW/4) .· }i, SECTION 29: LOTS 1, 5, 6 AND 7 (ALSO DESCRIBED AS THE E/2 NE/4 AND N/2;::'~~ifE SE/4) ... .,,,., .. . .. ~.~ ... ,~~~ (CONTAINING 204.65 ACRES, MORE OR LESS) ::ij .. ) JI "13· .' .,~. 1';:,::::lffl,, '"~ 'Ji~~ . "',. \ . ~ . -· . EXHIBIT A (Garfield & Rio Blanco, CO) FIGURE FOUR -MOBIL 50%, EQUITY 10% i . . THE FOLLOWING DESCRIBED LANDS: PARCEL 1 TOWNSHIP 3 SOUTH, RANGE 98 WEGT, 6TH P.M. SECTION 30: LOTS 1, 2, 3, 4, E1/2W1/2, E1/2 (ALL} SECTION 31: LOTS 1, 2, 3, 4, E1/'Y/1/2, E1/2 (ALL} TOWNSHIP 3 SOUTH. RANGE 99 WEST, 6TH P.M. SECTION 25: Sl/2 SECT[ON 26: S1/2N1/2, Sl/2 SECTION 27: S1/2 -SEC'.J'ION 28> W1/2; SE1/4 SECTION 29: N1 /2. SE1/4 SECTION 32: E1/2 SECTION 33: ALL SECTION 34: ALL Si"'CTION 35: .A.L!.. SECTION 36: ALL TOWNSHIP 4 SOUTH, RANGE 98 WEST, 6TH P.M. SECTION 7: LOTS 3, 4, E1/2SW1/4,. SE1/4 (BEING THE 81/2) SECTION 18: LOTS 1. 2, 3, 4, E1/2W1/2, E1/2 (ALL) TOWNSHIP 4 SOUTH, RANGE 99 WEST, 6TH P.M . SECTION 1: LOTS 1, 2, 3, 4, S1/2N1/2, S1/2 (ALL} SECTION 2: LOTS 1, 2, 3, 4, S1/2N1/2, S1/2 (ALL) SECTION 3: LOTS 1, 2, 3, 4, S1/2N1/2, 8112 (ALL} SECTION 4: LOTS 1, 2, 3, 4, S1/2N1/2, S1{2 (ALL) SECTION 5: LOTS 1, 2, 3, 4, S1/2N1/2, St/2 (ALL) SECTION 6: LOTS 1, 2, 3, 4, 5, 6, 7, SE1i4NW1/4, S1/2NE1/4, SE1/4, E1/2SW1/4 {ALL) SECTION 7: LOT 1, NE1/4NW1/4, N1/2NE1/4 (BEING THE N1/2N1/2), LOT 2, SE1/4NW1/4, $1/2NE1/4, BEING S1/2N1/2) AND LOTS 3, 4, E1/2SW1/4, SE1/4 (BEING THE S1 /2) (ALL) SECTION 8: N1/2, SE1/4 SECTION 9: ALL SECTION 1 O: ALL SECTION 11 : All SECTION 12: ALL SECTION 1 3: ALL SECTION 14: ALL SECTION 15: ALL SECTION 16: ALL SECTION 17: E1 /2 -1- . ii'../ij:~fl ~ I ·' :·;{~J.f' ·~:~~~~ .. ·.·-·.•· · .. ,,,,<•ii~:;~~~ ... -_ •. .. . ......... c '"·:Cc.,,, :,_.:i ••.•. ;!;J,;~ . , r:; .. :··V'f ?C:i'i.'!/F;·::;?;::~'f~:~::;·1;i!~~I l\OOK 794 ~~GE513 ···::·),~j}) " . . .• :.:..;::. . ::;: :. ·,~ .,,, ··:": •J ...... ;~· .. •· .. ~.;'.':;"i~:i~J . FIGURE FOUR -continued :;\~'.~ , .. ~. -~-~{t 01 C0216002B ALL OF THE ABOVE-DESCRIBED LANDS ARE LOCATED IN RIO BLANCO COUN1Y, 5')il OOLORAOO Y~ . ... .. ::.':.~:~- ALL OF THE FOLLOWING DESCRIBED LANDS ARE LOCATED IN GARFIELD COUN1Y, )J;,\;'( COLORADO: ')~\';(. TOWNSHIP 4 SOUTH, RANGE 99 WEST, 6TH P.M. ·?:~ ;·.J;;,{ SECTION 20: N1 /2, SE1 /4 ·:·,:;i SECTION 21: ALL :,:;; ····!.·! SECTION 22: ALL . '<'i~' SECTION 23: ALL ")! ·''.•j' SECTION 24: ALL .'::!t PARCEL 2 0::~1 ···-~1 TOWNSHIP 4 SOUTH, RANGE 99 WEST, 6TH P.M. · ·}'. SECTION 19: SE1 /4 }'!) SECTION 20: SW1/4 . Ai -.(ff~ THE FOLLOWING DESCRIBED TRACT OF LAND SITUATE. LYING AND BEING IN THE /i COUNTY OF GARFIELD, STATE OF COLORADO, WITH ALL ITS APPURTENANCES, . ;,:: TO-WIT: SIXTH PRINCIPAL MERIDIAN, COLORADO.. .:/{i T4S .. R99W; THE JOE T. #1 CLAIM. EMBRACING: SEC. 19, SE 1/4; THE WOODROW )if~ WILSON #12 Cl t>,IM, EM!:!!'«~G!"IG: SEC . .'.::~. G'.V 1/4. THE PREMISES HEREIN':\'~~. GRANTED CONTAIN 320.00 ACRES, MORE OR LESS, IN ACCORDANCE WITH PATENT (1 NO. 1174074. '.;& ,,,, .: ·.~'':?: .. '.·~1~ ._I;.:;~ .. .. '• -2- ·': \,>.~ TABLE 1 ·c Page 1 t ·1:{····~ ,, •I . ; ! ~ ' .·~ 'i '··· . .-,. "" C> "" = Name of Ditch, Pipeline . ····------lli_f!eS.\'IVOir low Cost Ditcli, Original Diamond Dirch. 1st Eniargernent Low Cost Ditcll, 1st Enlargement Low Cost Ditch, Yoernan Enlargement Rulison and Miller Ditch Jessup No. 2 Florence Dilcli Rye G1 ass Ditch Mcwilliams & George Dile!\ East Stewa11 Gulch No. 1 East Stewart Gulch No. 2 Watson Dilcl1. Thompson Enlargement West S1ewar1 Guiel> Ditch West Stewan Gulcl1 Reservoir Garden Heir Forney-Corco1an Ditcl1 Ol<lland No. 3 ::· ··.; ., ABSOLUTE WATER RIGHTS IN THE COLORADO RIVER BASIN ATLANTIC RICHFIELD WATER RIGHT INTERESTS SYATE OF COLORADO Stream or Tributary Parachute Creek Parach~te Creek Parach4te Creek Parachute Creek Colorad.o River Stewart: Gulch Stewart 'Gulch Piceance Creek White River East Stewart GlllCh East Stewan Gulch Middle Fork Stewart :Gulch West Stj,war1 Gulct1 West Stewa1t Gulch Piceance Creek White River Pjceancl=! Creek 1984 State Engineer Priority No. 370 379 501 910 ·2467 as. 94 95 149 210 210 240 394 394 395 402 421 Date of Approprlatiol} 01-04-1887 03-01,1887 04-01-w~s ,cJ4.~5'.ias9 .. '. ·' ; :~ :>·· · ',12·0B·1B91 . )}4'.~~:~~88 " ' · · 06·03, 1 BBB ' ,. ' ... ·.-· .. ·• . 06-05-1888 :.::· :;:.. ; 10-15-1900 ....... : . 11-01-1899 11·01-1899 07·14-1917 03-01-1895 03-01·1895 03-05-1895 03-15-1989 05-15-1902 Data of Adludlcatlon 05-11-1889 05-11-1889 05-11·1889 ·02-20-1000 ·1.2:20, 1929 · ·os,10-10as p?-1. 0.-1009 05-10-1889 10-06-1903 09-04-1913 09-04-1913 09·t1-1918 05-26-1942 05-2!>-1942 05-26-1942 07-03-1942 05-26-1942 ,·~ :: Total Decreed Amount (els or At]_ 5.0 cfs 3.2 cfs 9.0 els 1.6 cfs 1.6 els 0.4 els 1.80 els 2.4 cfs 4.1 els 0.4 els 0.4 els 0.80 cfs 0.78 cfs 13.3 AF 0.61 els 6.0 ~!s 0.42 cfs Atrantic Rlchfield Ownership 0. 5 els Absolute 3.2 cfs Absolute o.s els Absolute 1.1 cfs Absolute 0.51 els Absolute 0.4 cfs Absolute t.02 cfs Absolute 2.4 cfs Absolute 4.1 els Absolute 0.4 cfs Absolute 0.4 cfs Absolute o. 10. els Absolute 0.47 cfs Absolute 7.98 AF Absolute ·o.61 els Absolute 6.0 cfs Absolute 0.42 cfs Absolute <IU \ ii£'i,' .· ;,;;.;i TABLE 1 Page 2 , I !.~:,:· ···~ ·,.: '·'; ~:.:: ·,<:; - :..;::· ~ ""' = = = Name of Ditch, Pipeline or Reservoir Forney-Corcoran Ditch Oldland Magar Robert McKee Ditch M.H. and M. Ditch Piceance Creek Ditch Emily Ditch Oldland No, 1 Ditch Rye Grass Ditch Garden Heir Oldland No. 2 Oldland No. 3 Oldla1\d Magar Jessup No. 1 Jessup No. 2 Florence Ditch ,~.· Watson Ditch. Thompson Enlargement ABSOLUTE WATER RIGHTS IN THE COLORADO RIVER BASIN ATLANTIC RICHFIELD WATER Rl\3HT INTERESTS STATE OF COLORADO ~ Stream or Tributa!Y__ White River Piceanqe Creek Piceance Creek Piceantje Creek Piceance Creek Piceance Creek Piceance Creek Piceancie Creek PiceanCe Creek PiCeande Creek Piceance Creek Pic.eance Creek I Stewart 1 Gulch Stewart' Gulch Stewart:Gulch West Stewar1 Gulc:l1 1984 State Engineer Priority No. 463 469 487 487 487 Date of Appropriation 03-01-1912 05-10-1913 o,s,P\-\917 ·, :'os:fr1.19i1 ... · .·: ·~~·,~,;.;1~1; Date of Adjudication 07-03-1942 05-26-1942 05-26-1942 . ()5,26-1942 05-26-1942 487 .. : -: JJ5-01:1!Jj7. 05-26-1942 ~~·. C('f~!~~r\''::£::: 4~7 . ~J:b1~:1'~~7\ ~~-26-1942 . :·· ·: ·. ·:.·.~. . . . . . .. 487 487 487 487 487 487 05-01-1'917 05-01-1917 05-01-1917 05-01-1.917 05·01-1917 05-01-1917 05-26-1942 05-26-1942 05-26-1942 05-26-1942 05-26-1942 05-26-1942 Total Decreed Amount (els or At) 5.47 cis 0.86 cis 3.0 cfs 1.27 CfS 1.60 cts 3.85 crs 2.9 cfs 5.8 cfs 1.43 cfs 9.47 cfs 0.98 cts 2.0 cfs 0.60 cfs 1(80 els -l.1 O cfs 0.78 cfs Atlantic Richfield Ownership 5.47 els Absolute 0.86 els Absolute 3.0 cfs Absolute 1.27 els Absolute 0.32 crs Absolute 3.85 els Absolute 2.9 cfs Absolute 5.B els Absolute 1.43 els Absolute 9.47 cfs Absolut 0.96 cfs Absolute 2.0 ·els Absolute 0.60 cfs Absolute 1.02 els Absolute 0.62 cfs Absolute 0.10 cfs Absolute ··'.\ : .. ;-.:: ·.;:.- ~ ~~E2 ~ ""' ~ ""' = ~ Name of Ditch, Pipeline or Reservoir Dow Pumping Plant and Pipeline Sinclair Oil and Gas Company Pumping Plant and Pipeline TOSCO Pipeline and Pumping Plant Eaton Pipeline No. 1 Tllornpson Crnek Res.ervoir l I 1ornpson Creek Reservoir Pipeline Starkey Gulch Reservoir South Starkey Gulct1 Reservoir -~· CONDITIONAL WATER RIGHTS IN THE COLORADO RIVER BASIN ATLANTIC RICHFIELD WATER RIGHT INTERESTS STATE,.OF COLORAD.0 ··~ . Stream or Tributary. o\\~~~~l~~~;li . D•o 0 . : .:·-'.,No.:/Ji!:;;;:~·,'Ai?piopfiation ,._ ... Adjudication -··. Coloraqo River ._.::: ,./: Colorado River Colorado River Colorado River ThomVion Creek Thompson Creek Colorado River Colorado River -, 5002 5593 5593 :.·. 7:·09.· ·~~y;~_' :: 1-05-." 12-17·1g~6 )h''.: ;/o·S-1971 02-20'.J967 12-31-1972 02-20-1967 12-31-1972 ~ ;: Total Decreed Atlantic Amount Richfield (cfs or AO Ownership 178 els 35 efs Conditional 33 els 33 c{s Condillonal 100 els 60 cfs Conditional 10 els 6 els Conditional 23,893 AF 23,893 AF Conditional 33 els 33 els Conditional 7,360 AF 7,360 AF Conditional 5,541 AF 5,541 AF Contitlonal ~~ 1~-~~~~, 'j Ji> ·· .~ TABLE 3 l'j ·i~· 0-~ . , ;• .. \.;· ::: ;_": "" ~.,. g Name of Ditch, Pipeline or Reservoir Piceance Creek Ditch Emily Ditch Last Chance Ditch Robert McKee Ditch Oldland No. 1 Ditch 11o1Jert McKee Ditch f3 n11d M Ditch Jessup No. 1 Biue Grass ABSOLUTE WATER RIGHTS IN THE WHITE RIVER BASIN ATLANTIC RICHFIELD WATER RIGHT INTERESTS S:ATE OF COLORADO 1984 State Engineer Stream or• Pr'ority Tributaty ' ___HQ, D'!t\' 91 ·. • .·· . . P!!te 01 Appropriation .. :; \Ao!udk:a.JiQn • i P1ceance Creek 41 Piceance Creek 52 Hunter Creek, 63 Piceance Cre'i!k 66 i 04-18·1887 .. · .:.-.:.· ·10-22-1890 -~··~ ·., . . . ·_ · ... •. · ... -: ._. Piceance Creek 67 04-22-1887 05·10-1889 Piceance Cre~k 74 05-25-t 887 10-22::-i§So Picf~:-111cn Crnf.k 74 05-25-1887 05-10-1889 Stewat1 Gulcl) 75 06-16-1887· 05-10-1889 Stewart Guidi 76 07-11-1887 05-10-1889 .. :\ ;: . ~~~ -:.: Total Decreed Atlantic Amount Richfield {cfs or AO Ownership 2.0 els 0.4 cfs Absolute 2.0 cfs 2.0 cfs Absolute 1.4 cfs 1.4 els Absolute 2.33 els 2.33 cfs Absolute 4.Q els 4.0 els Absolute 1.0 els 1.00 cfs AbsofutP 4.50 els 4.50 cfs Absolute 0.60 CIS 0. 60 els Absolute o.60 crs 0.60 els Absolute ., ri,,.,~~~~~~~~_,-,,~;~1~~'<~~Y~1~;;,,1r~%~ .TABLE.:4 ~-. ·:,- : .· CONDITIONAL W.ATER RIGHTS IN THE WHtTE R\VER Bil.SIN ·!~',:.;·.·· :u,a ti:..·· .-. ... ~·:· .~_·. : . ( ,\ :'.;·. >.- , .. . .,, ~ . ~ ~ 0 «> Name of Ditch, Pipeline or Reservoir Wllite River -Figure Four Pipeline ATLANTIC RICHFIELD WATER RIGHT INTERESTS S1ATE OF cbtoFiAoo Strea1n;or Tributary While River 1964 Stale Engi~er Priority No .. -.-. -... 799 :-. :. 'Date ol. Aiipf0Pi1auon .. ()<1,\e.9! .. . :Adludi<iatlon ·, ... '·' . -::·'.·~;:>_).·---.. ~~r ·::·'-.. ··>;·.;.· :.~ .. ·-.·· ".\· -~ Total Decreed Amount (els or AO 70 cfs Atlantic Richfleld Ownership 70 cfs Condttlonal fi:CvXll~U A1 //-t'f •<r' 4Z67Z8 " .·' ·'.' fl " ftUG g ~ W91 ,_,. ' -·~ "•' •. ·1. !~ILDPf:.O ALSDOP., r C U= T Cl::-?.K auoi Sit riot 93.'.l GARFIELO . lr·; ., ..t;;dJ. CORRECTION ·SPECIAL. WJUlAANTY iJlh:b :» s4!WJJ. J!l ~s CORRECTION ·SPECIAL WARRAllTY DEED, made thi's z.L__'-uay of . ·· .,..;.r-, 19·91 between Atlantic Richfield company, a o~ corporation, acting by and through its division, ARCO Coal Company, whose address is 555 Seventeenth Street, Denver, Colorado 80202, {Seller) and Puckett Land Company, a Colorado Corporation, whose address is 7800 East Union Avenue, Suite 130, Denver, Colorado 80237, (Purchaser). WITNESSETH WHEREAS, the Seller and Purchaser entered into a Special ·Warranty De·etl dated November 27, 1990 and Recorded in Garfield county, state of' Colorado on December 6, 199'0, and WHEREA-S, on page 9 of Exhibit A, of said Special Warranty Deed recorded in Book 794 at page 507 .the Seller recited with regard to the property as described in Exhibit A attached hereto that Seller was conveying a 40% interest in the property; and WHEREAS / the Seller was mistaken as to the extent o-;-i,t;---- ownership and in fact on November 27, 1990 owned a 100% interest in the property described on said Exhibit A hereto only. NOW, THEREFORE for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller hereby corrects and modifies page 9 of Exhibit A to the special Warranty Deed, and grants, bargains, sells and conveys an additional 60% interest (being all of Seller 1 s interest) in the property described herein and attached hereto as Exhibit A to Purchaser. The aboye-described lands are sold AS IS, WHERE IS, and Seller makes no representation or warranty of any kind and character, express or implied as to real property title, except that Seller does warrant title against any claim arising by, through or under Seller as to the real property title to the above-describeCl land.s. . The parties specifically agree that the terms, conditions, representations and warranties contained in that certain Purchase and Sale Agreement (Oil Shale Properties) dated October 31, 1990, .by and between ARCO and Puckett, will not merge with the terms, ·conditions, representations and warranties contained in this ·.Correction Specia~ W~rranty Deed, IN WITNESS WHEREOF, Seller has caused these presents to be gecuted in its corporate name effective as of the/~day of • ., ..... ,y--' 1991. . . ·ATTJ~S.T ;A:flco COAL COMPANY, a division· .{if ·ATLANTIC RICf!FIELD COMPANY, a : ... /Al --.. .Delawar:: corporation ·. //j 11·-<7 J ay ··. !./ff;'; ;dt ) r l/o, rv'f/• / ..... ·· .. ~-----' ./ -/ -r---· '.. . .. ·{ c ••• '·' ·'·· •• ' •• f ~ {, /l'{s~ s:( .. -r ~"'-<-r~;....., :·. : ..... •.... £. . I!._ -.{ ,97'/:,,:.__f.', ,R."'(/·~-'(!o_.:." ·Title: ~·11.<..-. "4< ~d ~ S'I'ATE -OF/COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) . · .. wa·s ·. ·~·CJCnOwled<':Jed bEifore ~ . ~is ~ .. , ... , 1991 by ';r,f,;,,.,,,_0 <( ',,,../.:±f.... ' · of ARCO· Coal Company, a division of . '·· ·--~ (stAf;) :···. ·:. .;., a Delaware corporation. .· .· ; ( . ,,,/~ ~., ~biC .:My comm"ission expires:;C,J .-//....-93 -·,--;-/ 7/'-,f::f .&..d.d . -~;_;,., ' ' . ,.,_,.; . " ft ,J / ,)-'0.; .. I. .. -.· .2. .· .. :<· ,·,.·· :·.:_ .. · < _ :~x!l'.is'fr · . . : .:·.:;· . ..:·: .:· · .... -All UNb~V~D~D -.·· 6df .i~TEREST ...•. ·;~Ei:NG .ll1'L of' ·sEL1'ER • s INTEREST) 'rli AND To THE· .·FOLLOWING: ALL THE ESTATES I· RIGHTS_,. :TITLES AND INTEREST CONVEYED I-N. THE LANDS, OR IN MINERALS UNDERLYING THE LANDS IN GARFIELD COUNTY, "COLORA°OD, BY THE FOLLOWING DEEDS: DEED· .FROM LEONARD L. AtTKEN, JR. TO SOHID PETROLEUM COMPANY DATED JANUARY J, 1966 __ AND RECORDED IN BOOK 372 AT Pl\GE 250 OF THE RECORDS IN THE OFFICE OF THE CLER!\ l\ND RECORDER OF GARFIELD COUNTY, coLoRADO. :DEED FROM PIONEER SECURITIES CORPORl\TION TO ·SOHIO PETROLEUM COMPANY DATED JANUARY 3, 1966 AND RECORDED IN BOOK 372 l\T PAGE 253 OF· SAID RECORDS. DEED FROM PACIFIC OIL COMPANY TO. SdHIO 'PE'i'ROLEUM COMPANY DATED MAY JI 1965 ·A~D RECORDED IN BOOK 365 AT PAGE 499 OF Sl\ID .. . RECORDS AND CORRECTIVE SPECIAL WARRANTY DEED .. ·FROM CHEVRON SHALE OIL COMPl\NY TO SOHIO PE1'ROl.EUM COMPANY DATEb APRIL 1, 1972. AND ~ECORDED IN BOOK 431 AT PAGE 241 OF SAID RECORDS, EXCEPT THAT .·PORTION OF THE LANDS CONVEYED BY. SA:r:D DEEDS WHICH WAS CONVEYED BY SOHIO PETROLEUM COMPANY TO CITIES SERVICE OI-L COMPANY BY DEED DATED "OCTO'SER 1, 1965 A.ND:-·~. -RECORDED LN BOOK 370 AT PAGE J85 OF SATO._:·. ~RECORDS. :·::·:·· ENSR Appendix B Letter from property owner acknowledging PDC as acting agent MO!pod .. un Ettsn !n 2001 ,_ ri~-··c -ll~Tt\.r.::llt:. M:\PDC\Conditional Use Permit App\icatic, ditiona1 Use Permit Application.doc August 2007 THE PUCKED COMPANIES 5460 SOUTH QUEBEC ST, SUITE 250, GREENWOOD VJLlAGE, COLORADO 80111 TELEPHONE 303-773-1094 FAX 303-773-1157 May 11,2007 Petroleum Development Corporation Attn: Tyson Johnstc,m ~Landman Western Rockies 1775 Sherman St., Suite 3000 Denver, CO 80203 Re: Special Use Permit · Puckett's Haystack Ranch . Garfield County, Colorado· Dear Tyson: PuckettLand Company hereby grants approval for Petroleum Development Corporation to apply for a Special Use Permit to establish temporary employee housing in Section 36 of Township 6 South, Range 97 West. Sincerely yotirs, PUCKETTLANDCOMPANY Jeffrey Y; Puckett, President LODZ 1sn6nv :>0p'UOffE!0!1ddy l!llll9d asn 1euo1111--_..\uo11eo11ddv l!U!Jad asn 1euornpuo::>\::>Od\:w J3J.311~~· IOOt U! \ISN3 ~llo\ Ol&JOW d14sJauMo pue uo1leoo1 ~~JadoJd 6U!Mo4s sdew s,Jossassv --, \