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HomeMy WebLinkAbout1.0 Application) GARFIELD COUNTY · Bu ilding & Planning Department 108 81h Street , Suite 401 Glenwood Springs, Colorado 81601 Telephone : 970.945.8212 Facsimile : 970.384.3470 www.garfield-county.com I FLOODPLAIN DEVELOPMENT PERMIT Doc.# FLPO~(Jq I GENERAL INFORMATION (Pl ease print legibly) );> Name of Property Owner: Chevron Corporation );> Mailing Address : 8311 County Road 215 Telephone: (970) 285-9722 );> City : Parachute State: CO Zip Code: 81635 Cell: (970) 623-0418 );> E-mail .address: ctys@chevron .com FAX : (_) ___ _ );> Name of Owner's Representative. if any, (Attorney, Planner. Consultant. etc): ) );> Marathon Oil Company );> Mailing Address: 743 Horizon Ct. Ste . 220 Telephone: (970) 244-5722 );> City: Grand Junction State: CO Zip Code: 81506 Cell: (970) 640-4851 );> E-mail address: rvcoleman@marathonoil.com FAX:( __ ) ___ _ );> Description of Reguest: Construction of bridge across Parachute Creek, and demolition of old bridge . );> Street Address I General Location of Property : Garden Gulch Road crossing of Parachute Creek approx. 6 miles NW of Town. );> Legal Description : SECT, TWN, RNG : 18-6-96; DESC: SEC 4 A TR CONT 160.93AC EXCEPT A TR CONT 4.25AC; DESC: SEC 5LOTS14-19,21,23 SEC 6 LOTS 1-18,SW, W1/2SE; DESC: SEC 7 W1/2NE, NW, SW, W1/2SE, LOT 1-4 SEC 81-5,7; DESC : 12 ,S1/2SW, NWSW, SESE, 13-15 SEC 17 1,2,4-14 ,15 ,17 );> Assessor's Parcel Number: 2 1 7 1 -1 8 2 -0 0 -0 0 8 );> Existing Use: Resource District );> Property Size (in acres) 5 ,320 Zone District: Resource Lands Last Re vised 711108 -- Applicatio n f or Floodplain Development Permit Garden Gulch Bridge across Parachute Creek December 31 , 20rft <[ Marathon Oil Company 743 Horizon Court, Suite 220 Grand Junction, CO 81506 RECEIVED JAN 1 3 2008 GARFIELD COUNTY BUILDING & PLANNING ) I. APPLICATION SUBMITIAL REQUIREMENTS Any use to be developed in the floodplain shall be required to obtain a Development Permit, in accordance with the applicable regulations of Secti on 6.08.02 . All application s for a Floodplain Development Permit under this Regu lation shall be reviewed by the Floodplain Administrator. As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application : 1. Please submit, in narrative form, the nature and character of the proposed use in th e floodplain . Submit plans and supporting information (i.e. letters from responsible agencies). 2. . Subm it 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 boundaries of the flood-fringe and floodway of the 100-year floodplain . / 3. Submit a vicin ity map showing slope I topography of your property, for wh ich a U.S.G.S . 1 :24 ,000 scale quadrangle map will suffice . ./ 4. Submit a copy of the deed and a legal description of the subject property. 5. If you are acting as an agent for the property owner, you must atta ch an acknowledgement from the property owner that you may act in his/her behalf. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a copy of a recorded " Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 6. A $400 .00 Base Fee: Applicant · shall sign the "Agreement for Payment" form and provide the fee with the application. 7. Submit 3 copies of this completed application form and all the requ ired submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. 8. All applications for a Floodplain Development Permit under this Regulation shall be reviewed by the Floodplain Administrator and shall be processed according to the following process and standards: 6.08.02 Permit Procedures (1) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furn ished by him/her and may include, but not be limi ted to , plans in duplicate drawn to scale showing the location , dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the locat ion of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required : a . Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved stru ctures ; b. Elevation in relation to mean sea level to which any nonresidential structure shall be flood-proofed; c. A certificate from a registered professional engineer or architect that the nonresidential flood-proofed structure shall meet the flood-proofing criteria of Section 6.09.; d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. e. Maintain a record of all such information in accordance with Section 6.08.01 (3). (2) Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this resolution and the following relevant factors: a. The danger to life and property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of others; d. The compatibility of the proposed use with existing and anticipated development; e. The safety of access to the property in times of flood for ordinary and emergency vehicles; f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; h. The necessity to the facility of a waterfront location, where applicable; i. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; j. The relationship of the proposed use to the comprehensive plan for that area. (3) Outline of Process. The Administrative Review process shall consist of the following procedures: a. Review Process 1. Aoolication. The application materials required for a Development Permit subject to Administrative Review are set forth in Section 6.08.01 (2). 2. Determination of Completeness. The Director shall review the application for determination of completeness. 3. Evaluation by Director/Staff Review. Upon determination of completeness. the Director shall review the application for compliance with the approval standards set forth in this resolution. The Director's evaluation of the application may include comment by referral agencies. b. Director Decision. Within thirty (30) working days of the date of determination of completeness, or close of the comment period if the application is referred for comment, the Director may approve, approve with conditions or deny the land use change application subject to Administrative Review. The Director's decision shall be based upon compliance of the proposed use with the approval standards set forth in this resolution. 1. Approval of Application. If the application satisfies all of the applicable standards, the application shall be approved. The application. may be approved with conditions determined necessary for compliance with applicable standards. 2. Denial of Application. If the application fails to satisfy all of the applicable standards, the application shall be denied. c. Written Notice of Decision. The Director shall inform the applicant of the approval, conditions of approval or basis for denial in writing within five (5) working days of the date of decision. Notice of the Director's decision may also be provided to the Board of County Commissioners. d. Reconsideration of Director's Decision 1. Request by Aoplicant for Reconsideration of Decision. An applicant may request reconsideration of the Director's decision by the Board of County Commissioners. The aggrieved party may file a written request within ten (10) calendar days of the date of written notice of the decision by the Director. 2. Schedule Public Hearing. Public hearing by the Board of County Commissioners shall be held within forty-five ( 45) calendar days of the date of receipt of the request for reconsideration. 3. Notice by Publication. At least thirty (30) calendar days prior to the date of the scheduled public hearing before the Board of County Commissioners. the aggrieved party shall have published a notice of public hearing in a newspaper of general circulation in the area that the proposed land use change is located. 4. Decision by Board. The Board shall conduct a hearing. The Board shall uphold the Director's decision, modify the decision or reverse the decision, based upon compliance of the proposed Development Permit with the approval standards set forth in Sections 9.08.02 (1) and 9.09. General Standards for Construction In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: 1. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; 3. All new construction or substantial improvements shall be constructed with materials resistant to flood damage; 4. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, 7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. · 8. When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A 1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community; and, 9. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision). 6.09.02 Specific Standards In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 6.03, or 6.09.03, the following provisions are required: 1. Residential Construction -new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to one (1) foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in, Section 6.08.02 (1 ), is satisfied. 2. Nonresidential Construction -new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. 3. Enclosures -new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. b) The bottom of all openings shall be no higher than one foot above grade. c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured Homes a) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to 2. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of 6.08.02 and the provisions of 6.09 of this resolution. 3. Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this resolution. 4. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. 5. All subdivision. proposals including the placement of manufactured home parks and subdivisions "Shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. 6.09.04 Floodway Floodways -located within areas of special flood hazard established in Section 6.03.02, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: 1. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. 2. If Section 6.09.02 (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. 3. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. 6.09.05 Standards For Areas Of Shallow Flooding , Located within the areas of special flood hazard established in 6.03.02 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: 1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as ) ) high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified). 2. All new construction and substantial improvements of non-residential structures; a) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; b) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. 3. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in 6.08.02 (1) a., are satisfied . 4 . Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures . have read the statements above and have provided the required attached Information which is correct and accurate to the best of my knowledge. ~~ 1-12-07 (Signature of Property Owner} Date This Parachute Creek Floodplain Study for the Garden Gulch Bridge replacement was prepared by me (or under my direct supervision) in accordance with the provisions of the Colorado Water Conservation Board Stonn Drainage Design Criteria, and was prepared in accordance with good engineering practice. I understand that Garfield County and the Colorado Water Conservation Board do not and will not assume liability for the drainage facilities designed by others. Ken Toland, PE Registered Professional Engineer State of Colorado No. 33801 Project Location • Bridge Crossing i=J Other Parcels 217118200008 0 0.2 5 0 .5 1 ·•· s --====---•Miles Marathon Oil Corporation Parachute Creek Bridge Location Parcel Boundaries Buys & Associates, Inc. Date: 1/19/09 C.H. Project Location Legend • Bridge Cross ing • Dewatering Point ·•· s 0 0 .25 0 .5 1 -~===----Mil es Marathon Oil Corporation Item 10: Parachute Creek Bridge Location Buys & Associates, Inc. Dat e: 12/9/08 C.H. ~ 5 ! ] ~ ~ 1 PARACHUTE CREEK BRIDGE .J-..J. --. ·-t.: .. ·-··-n·-·--··1-·-~, .. , ..... -.· ' j' -' . . ; _., ?~~~ ··~---·--~ ·-~-t ·-~~: ,~·. .... ,·.r··""'.' ... ,_ .. , . :.,- ,..,·_. ·~,..;,.;,,,._ VICINITY MAP NOT TO SCfil SHEET INDEX No. TITLE SHEET AND SHEET INDEX 1 GENERAL NOTES 2 EXJSTING LAYOUT 3 SITE PLAN 4 SITE PLAN AND ELEVATION 5 FOUNDATIONS 6 STEEL GIRDERS· PLAN AND· ELEVATION 7 STEEL GIRDERS • TYPICAL SECTIONS 8 CONCRETE DECK PANELS 9 RAILINGS 10 . 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POST DETAILS-S:lDE MOUNi I~ nilf·tlt 8pl.'"'-k>catrM&. . . ~ · ' ~ r/dlltoged ctxtf{(ll} oct;Mllrtg No 'to S1*/f/rJl;tloM. ?NO ENGi~ INC. IS NOT RESP<lHSleLE fO!I SN'ET'f PLAT£ WASflER -"C" ,.,,_ WASHER -'1J# "'""" - Tali 11!16 qll!I ~ D.002lal.~-4"1'N'#;atlhf'f10 hi ~ wJlfl MTll ~ Tfgtrlon JlflPfJI" ./119'1 $1~ ,_, JJ(jlJr; 1./6 'tucfl paat..6!1/Jq rtgh1 coiir11tloli, -~ lilwei' "~~lt-{Xx>f./Joh8 tll' lrJM-post .snw-1%# Qlltf(//ifbn, t:Jo·11dh1" ,;,:,_, ldlfw 12."' l/'JJ'clt lkl/J. "i'io.ct• ~1111111111 d &llFllstA......,s..ii.m -----= h.<2'Jli.&4-l!Bll ~ 1£1"'00$ CR PllOCEOO'l£S OF' OPE!UTIOM. OR 1t£ PARACHUTE CREEK BRIDGE ~ Of' iHE DrnCN SHO'llH CH TH£se: DAA'MNGS. l\H£RE SP!!:QflC"ll!JfS ARE: G£NEi!AL OR HOT CMli:D OUT, M SPtQFTCA,lQIS Slim CCN'OllJol TO STAHOAROS OF •u l~DUSlRY. DftAWINGS AAt rot US€ ON llflS PR0£CT ~LY RAIUNGS "~ ENGINEBAS,INC. ANO AAE NOT INTENO<'D RR REUSE Wlll!OOT Mllm:N i'l'PfltNM. F1'IQ,\ PND. DRA.i!NGS ARE At.SO NOT 10 BL tlSECl ~ft M-~ V«ei.i'! lH Alff llAN~Ell JHAT WOOLD CO!tSTl'!\!C:: A OCTR'1ENT CIREC1LY OR INO!IECllY TO PNI). -ft ...i>llllO~ ··= 10 "' 10 ~ CAlE I ~ -ft -- .... __._ The following drawing indicates the limits of the I 00-year floodplain, the boundary between the flood way and flood fringe, and the existing and proposed bridges. The floodway is that portion of the floodplain where the water depths and velocities are the greatest and is the area most effective in carrying flow. The floodplain and floodway were estimated using the Colorado Water Conversation Board Regional Regression Analysis Method to calculate the 100-year flow and the US Army Corps of Engineers software HEC-RAS. (HEC-RAS stands for Hydrologic Engineering Center-River Analysis System.) ) , / ~-e.,,o 'Y.- ) I -,./ §~ ~~ z:;i -< "' 9•oo -~ -- PARACHUTE CREEK GAROl!N GULCH BRIDGE REPLACEMENT FLOODWA Y EXHIBIT -· MAAA.10N OIL COMPANY t \ \ \ / Iii i --------Bk A Huy s &A~soriatr.s, Inc. F:nv t ron1n~n1.u l Cnnsu 1 1.nnl.. Comparison of Existing and Proposed 100-year Floodplain The following drawing indicates the limits of the 100-year floodplain for the three scenarios: • Existing: model of existing conditions with the existing bridge in place. • Proposed plus Existing: model of both the existing and proposed bridges (after construction and before demolition) • Proposed: model with only the proposed bridge (after construction and demolition). The floodplain boundaries were estimated using the Colorado Water Conversation Board Regional Regression Analysis Method to calculate the 100-year flow and the US Army Co!ps of Engineers software HEC-RAS. (HEC-RAS stands for Hydrologic Engineering Center-River Analysis System.) :r.1 ............................ ------ PARAC HUTE C REEK GARDEN GULC H BRIDGE RE P LACEMENT FLOO DPLAIN EXJUB!T r T"l i i!:ll -1 '·ii> I -I 1 ~1 I' 1 ~1 . [~~I ,1 I I jJ I \. \ B&A Buys & Associates, Inc. .. TI V f r n 11 lTI e 11 I. r l 1 C U 11 S 1l 1 n I .. ' . '.;( Legal Description: ISECT,TWN,RNG:18-6-96 DESC: SEC 4 A jTR CONT 160.93AC EXCEPT A TR CONT l4.25AC DESC: SEC 5 LOTS 14-19,21,23 lsEc 6 LOTS 1-18,SW, Wl/2SE DESC: !SEC 7 Wl/2NE, NW, SW, Wl/2SE, LOT 11-4 SEC 8 1-5,7 DESC: \12,Sl/2SW,NWSW, SESE, 13-15 SEC 17 ll,2,4-14,15,17 DESC: ,17, NENE, IE112SE, SEC 18 Wl/2NE, NW, SW, lwi12sE, DESC: LOTS 1-4 SEC 20 11-3,6,7,NE, NWNW, Sl/2NW, El/2SW IDESC: SEC 21LOTS1-4 SEC 29 LOT 13,4, Wl/2NE, NENW AKA DESC: IBITUMINITE 15, PT OF 16 !CONSOLIDATED #S 3-10,12,13 DESC: !GRAND VALLEY#S 1,2,7,8 MIDLAND #S • 11-5,G.J.N. #S DESC: 1 & 2 DESC: !EXCEPT 28.87 AC. FOR CO. RD. 215 !Row AND SLIDE PCL BK:0377PG:Ol11 IBK:0285 PG:0169 BK:0274 PG:0228 !BK:0268 PG:0532 BK:0268 PG:0531 IBK:1712 PG:493 RECPT:679272 BK:1687 IPG:548 RECPT:674194 BK:1663 PG:206 IRECPT:668724 BK: 1663 PG:200 IRECPT:668723 BK:1655 PG:l 78 IRECPT:666845 BK:1218 PG:223 IRECPT:572435 Recorded at 10:24 A.M. Reception No. 23512g June 22, 1966 Chas.S.Keegan,Recorder. Book 377 SPECIAL WARRANTY DEED Page lll THIS DEED, Made this /,(' t/ day Of ·' --7693. 1966, between UNION OIL COMPANY OF CALIFORNIA, a corporation duly organized and existing under and by virtue of the laws of the State of California, Party of the First Part, and EATON SHALE COMPANY, a corporation duly ·Organized and existing under and by virtue of the laws of the State of Colorado, Party of the Second Part: WITNESSETH, That the· said Party of the First Part, for and in consideration of the sum of TEN AND MORE DOLLARS to the Party of the First Part in hand paid by the Party of the Second Part, the receipt whereof is hereby confessed and ac- ·knowledged, has. granted, bargained, sold and conveyed and by these presents does. grant, bargain, sell, convey and confirm unto the said Party of the Second Part, its successors and as- signs forever, the following described lots or parcels of land situated, lyipg and being in the County of Garfield, State of Colorado, to wit: South One Half of Federal No. 29 Placer Mining Claim, embracing the South One- half of the Northeast One-quarter (Sl/2 NE-1/4) of Section Twenty nine (29), con- taining 80 acres, more or less; The North 198 feet of the Virginia No. 5 Placer Mining Claim, being the North 198 feet of the South One-half North One- half (S-l/2N-l/2) of Section Thirty three (33), containing 24. acres, more or less; . . The West 32 rods of Federal No. 36 Placer Mining Claim, being the West 32 rods of the Northwest One-quarter of the Northwest One-quarter of Section Thirty three (33), containing 16 acres, more or less; consolidated No. 12 Placer Mining Claim, comprising the South One-half of the Southeast One-quarter (S-l/2SE-l/4) of Section Thirty four (34) and·the South One-half of the Southwest One-quarter (S-l/2SW-l/4) of Section Thirty five (35); Hook 377 Page 112 Consolidated No. 13. Placer Mining Claim, comprising the North One-half of the Southeast one-quarter (N-l/2SE-l/4) of Section Thirty four (34) and the North One-half of the Southwest One-quarter (S-l/2SW-l/4) of Section Thirty five (35); tJ '/.;i :SW '/4 . . . Bituminite No. 15 Placer Mining Claim, being the Northeast One-quarter of the Southeast One-quarter (NE-l/4SE-l/4) of Section Thirty five (35) and the North One-half of the Southwest One-quarter (N-l/2S.W-l/4) of Section Thirty six (36); That part of Bituminite No. 16 Placer Mining Claim constituting the Northwest . One-quarter of the Southeast One-quarter (NW-l/4SE-l/4) of Section Thirty.five (35); Containing 480 acres, more or less; All being in Township Five (5) South, Range Ninety Six (96) West of the Sixth (6th) Principal Meridian. Consolidated No. 3 Claim, comprising the South One-half of the Northwest One- quarter (S-l/2NW-l/4), the Southwest One- quarter of the Northeast One-quarter (SW-l/4NE-l/4) and Lot Two (2) of Section Seven (7); Consolidated No. 4 Claim, comprising the North One-half of.the Northwest One-quarter (N-l/2NW-l/4), the Northwest One..:.quarter of the Northeast One-quarter (NW-l/4NE-l/4) and Lot One (1) of Section Seven (7); Consolidated No. 5 Claim, comprising the South One-half of .the Southwest One-quarter (S-l/2SW-l/4), the Southwest One-quarter of the Southeast One-quarter (SW-l/4SE-l/4) and Lot Eighteen (18) of Section Six (6); Consolidated No. 6 Claim, comprising the North One-half of the Southwest One-quarter (N-1/2 · SW-1/4), Northwest One-quarter of the South"' . east One-quarter (NW-l/4SE-l/4) and Lot Seventeen (17) of Section Six (6); Consolidated No. 7 Claim, comprising Lots Thirteen (13), Fourteen (14)" Fifteen (15) and Sixteen (16) of Section Six (6); Consolidated No. 8 Claim, comprising Lots Nine (9), Ten (10), Eleven (ll) and Twelve (12) of Section Six (6); Book 377 Page 113 Consolidated No. 9 Claim, comprising Lots Five .(5), Six (6), Seven (7) and Eight (8) of Section Six (6); Consolidated No. 10 Claim, comprising Lots Three (3), Four (4), Five (5), Thirteen (13) and Fourteen (14) of Section Eight ( 8); Containing 1307.56 acres, more or less; Lot Seven (7) of Section Eight (8), con- taining 42.92 acres, more or less; Lots One (1) and Eight (8), also known as the East One-ha1f of the Northeast One- quarter (E-l/2NE-l/4) of Section Eight (8), containing 85,49 acres, more or less; All being in Township Six (6) South, Range Ninety Six (96) West of the Sixth (6th) Principal Meridian. All that part of Lots One (1), Five .(5) and Eleven (11), and all that part .of the South One-half Northwest One-quarter (S-l/2NW-l/4) and the Northwest One-quarter Southwest One- quarter (NW-l/4SW-l/4) of Section Four (4), Township Six (6) South, Range Ninety Six (96) West of the Sixth (6th) Principal Meridian, Garfield County, Colorado, lying Westerly of the center of Parachute Creek,' as now located; and Easterly of the Westerly line of said Section Four (4), more fully described as follows: Beginning at a point in the center of Parachute Creek, said point being on the North line of said Section Four· ( 4), whence the P. C. Quarter Corner of the North line of said Section Four (4) bears East Five Hundred Seven and No One-Hundredths (507.00) feet; thence along the center of iaid creek South Seventy Degrees Fifty seven Minutes West (S. 70° 57' W.) Three Hundred Thirty and Twenty Hundredths (330.20) feet; thence South Eight Degrees Thirty six Minutes West (s. 08°. 36 1 W.) Three Hundred 'rhirty two and Seventy One Hundredths (332.71) feet; thence South Twenty one Degrees Seventeen Minutes West (S. 21° 17' W.) Seven Hundred Eighteen and 'ren Hundredths (718.10) feet; thence South Forty Degrees Twenty nine Minutes· West (S. 40°. 29' W.)· Seven Hundred Fifty four and Ninety . four Hundredths (754.94) feet; thence South Thirty four Degrees Twenty one Minutes East (S. 34° 21 1 E.) Two Hundred Ninety Two and Thirty Hundredths (292.30) feet; thence South Thirteen Degrees Fifty Nine Minutes East (S. 13° 59' E.) Three Hundred Eighty six md Seventy Hundredths (386.70): feet; thence South Three Degrees Eighteen Minutes West (S. 03° 18 1 W.) Three Hundred Four and Eight Hundredths Jil'ook 377 Page 114 (304.08) fee't;. thence South Twenty: three· Degrees Ten Minutes. West .(s. 23° 10 1. W.) Four Hundred ·Twenty three and Ten Hundredths ( 423 .10). feet; thence South Seventy four · Deg.rees One Minute West· (S. 74° 01' W.) Five Hundred Fifty four and Twenty eight Hundredths (554.28) feet; thence South Seventeen Degrees Four Minutes West (S. 17° 04 1 W.)· Six Hundred Sixty nine and Ten Hundredths (669.10) feet; thence South Eighteen Degrees Twenty four Minutes West ( S. 18° 24.' W.) Two Hundred Fifty seven and Sixty Hundredths ( 257. 60 ). feet; thence South Two Degrees One Minute West (S. 02° Ol 1W.) Six Hundred Thirty four and 1rhirty. Hundredths (634.30) feet; thence South Twenty seven Degrees Eight Minutes West (S. 27° 08.• W.) Five Hi.tndred Eighty One and Twenty Hundredths ( 581. 20) · feet;. thence South Ten Degrees Thirty one Minutes East ( S. 10°. 31' · E.) Three Hundred Thirty. eight and Ninety Hundredths ·( 3.38. 90) feet; the·nce North Eighty five Degrees Fifty. seven Minutes Thirty Seconds East (N. 85° 57' 30" E,) Two Hundred Seven and Eleven Hundredths ( 20.7.11) feet;. thence South Eleven Degrees Eighteen Minutes East (S. 11° 18 1 E.) Four Hundred Nine and Eighty Hundredths (409.80) feet; Thence North Eighty three Degrees Thirty eight Minutes East (N. 83° 38' E.) Two Hundred Eighty. three and Sixty two Hundredths (283.62). feet; thence Bouth Nine Degree• Fifty eight Minutes East (S. 09.0 58' E.) . Three Hundre'd Fifty six and Ten Hundredths (356.10). feet; thence Bouth Thirty six Degrees Thirty. three Minutes West (S. 36°. 33' W.) Two Hundred Eighty five and Thirty. Hundredths (285.30) feet. to a point on the South line of said Section Four ( 4.); thence West Nine Hundred Fifty. Eight and No One- . Hundredths (958. 00). feet along the South line of said Section Four ( 4) to the· South- west corner of said Section Four (4.); thence North Five Degrees Zero Minutes East (N. 05.0 00 •, E.) Two Thousand Eight Hundred Thirty eight and No One-Hundredths (2838.00.). feet along the Westerly line of said Section Four· · (4.). to the West Quarter Corner of said Sec- tion Four (4-); thence North Three Thousand Six Hundred Eighteen and seventy. eight Hund:.. redths (3618.78) feet along the Westerly line ·of said Section Four ( 4.). to the North- west corner of said Section Foul' ( 4).; thence East Two .Thousand Three: Hundred Twen.ty four and Forty Hundredths ( 2324 .. 40 ). feet along the North line of said Section Four ( 4).. to. a point in the center of said creek, .. the point of beginning, EXCEPTING therefrom .that certain portion thereof. .containing 4. 25. acres, more or less,· which was particularly: described in the deed from M. E. Granlee to "District· No. 7 in Book 377 Page 115 Garfield County", dated May 20, 1903, re- corded July 26, 1915 in Book 100, Page 61, of the records of the Clerk and Recorder of Garfield County, Colorado, as follows: "Starting at the north west corner of the south wes·t quarter of Section 4, T. 6 Range 96 West (This corner is located on the south side of a gulch) running down the gulch south or East· 582 ft. to the creek from thence down the creek west of south 207 ft. from thence west 336 ft, from thence north 363 ft. containing about four and one quarter acre's. 11 · The above described parcel of land contain- ing 156.68 acres, more or less, after said exception. All that part of the South One~half Southeast One-quarter of Section Thirty six, Township Five South, Range Ninety six West of.the Sixth Principal Meridian (S-l/2SE-l/4, Sec. 36, ·T. 5 S., R. 96 W., 6th P. M.), Garfield County, Colorado,-lying Westerly of the center of Parachute Creek, as now located, and East of the North-South center line of said Section· Thirty six (36), more fully described as follows: Beginning at a point in the center of Parachute Creek, said point being on the South line of said Section Thirty six (36), whence the P. C. Corner on the South line of said Section Thirty six (36), being also the Nor~h Quarter Corner of Section Four (4), Town- ship Six (6) South, Range Ninety six (96) West of the Sixth (6th) Principal Meridian, bears East Five Hundred Seven .. and No One-Hundredths ( 507. 00 ). feet; thence West One .Thousand Six Hundred Eight and Ninety six Hundredths . (1608.96) feet along the South line of said Section Thirty six (36) to the South Quarter Corner of said Section Thirty six (36); thence North Nine Hundred Forty Nine and Ninety nine Hundredths ( 949 .. 99) feet along the North-South center line of said Section Thirty six (36); thence East Two Thousand One Hundred Thirty three and Sixteen Hundredths (2133.16) feet to a point in the .center of said creek; thence South Eight Degrees Fifty five Minutes West (S. 08° 55 I w·.) One Hundred Ninety and Three Hundredths (190.03). feet along the center of said creek; thence South Seventeen Degrees Eight Minutes West (S. 17° 08.1 W.) Four Hun- dred and No One-Hundredths (400 .. 00) feet along the center of said creek; thence South Thirty five Degrees Fifteen Minutes West (S. 35° 15' W.) One Hundred Sixty seven and Fifty Hundredths (167.50) £eet along the center of said creek; thence South Nineteen Degrees Forty four Minutes West (S. 19° 44 '· W.) One Hundred Ninety one and Forty Hundredths ( 191. 40). feet along the center of said creek; thence South Seventy. three Degrees Forty four Minutes West (S. 73° 44' W.) Two· Book 377 Page 116 Hundred Twenty five and No One-Hundredths (225.00). feet along the center of said creek to a point on the South line of said Section Thirty six (36), the point of beginning. The above described parcel of land contains 43.32 acres, more or less. Containing in all, 2235.97 acres, more or less. All subject to any and all restrictions, excep- tions and reservation's contained in the United States patents to the.above described lands, and any existing public roads, and subject to the easements. granted to Public Service co. of Colorado by the instrument recorded as Document No. 191764 in Book 288 at Page 45, and to the Board of County Commissioners of Garfield County, Colorado, by. the· instrument recorded as Document No. 197235 in Book 298 at Page 425, of the Records of the Clerk and Recorder of Garfield County, Colorado. Excepting therefrom and reserving to Party of the First Part all water rights of any kind or character not ap- purtenant to the lands above described, and as to those water rights which are appurtenant to said lands, only all such as are adjudicated in absolute or conditional decrees are hereby excepted and. reserved, together with such ditch rights and easements as are or may be necessary for the effective use of such water r;Lghts and also together' with the right to transfer such water rights. to other lands and uses·; but conveying hereby any and all wells .and springs located on said lands and any and all unadjudicated water rights appurtenant to said· lands or any part thereof, together with any and all ditch rights used in connection with the enjoyment of said wells, springs, and unadjudicated water rights. Also reserving· to Party of the First Part with the same effect as if. granted, bargained, sold, .conveyed and confirmed to it by Party of the Second Part, as to all lands Book 377 Page 117' · where the oil and. gas shall not have been excepted from the patent, an oil and. gas royalty in value measured by ar:dequal to two and one half percent ( 2·-1;2%) of the market value of all oil and_ gas that may be produced through conventional oil well ·drilli):lg metho.ds and saved and sold from all forma- tions below the base ·of. the Green· River Formation of ·Eocene [l.ge underlying all the said above described lands. Said royalty shall be free and clear of all costs of mining, . . . drilling, producing and saving said oil and. gas,: but shall be subject to the. proportionate. burden of taxes ·1evied upon the. severance·,. production or sale ·of said oil and. gas. Said royalty shall be paid monthly·, but shall not be based upon any such oil or. gas used for dr.illing or operation purposes or unavoidably lost. This reservation is subJect to the following distinct and express understanding and ~greement, namely, that it does not include oil shale or oil,. gas or other minerals or derivatives secured through oil shale operations from any formation and is limited to oil ·or. gas secured through conventional oil well drilling operations. It is .further distinctly understood and agreed that said royalty shall attach only to oil and. gas that may be .actually produced from any formation below the .Green River Formation of Eocene Age and that the.re shall be no obligation upon the Party of the Second Part,: its s.uccessors or assigns, at any time or for any reason, to ·drill for oil or. gas at any time or in any particular place or at all, and that said royalty shall be payable and continue only if Party of the Second Part, its suc- cessors and ass~gns, shall in its or thefr sole discretion drill for oil or gas on said land by itself or. through lessees . . . through conventional oil well drilling methods and secure production from any fo.rmation below :the· base ·of the Green: River. Formation of Eocene Age as a result :thereof. Boo~ )77 Page l~e '!'9g~tber 11ith ~ll de;hti: o;; 1'1'1.Y :i.n<I ii,o:-itr~el:\J.~l ri~'lt3 Ol<'ncd by Party o:: the· :;'ir•t rart ~ .. iat::l.ng to the loca- tlll1:1 anil auquis~tion Of' rie;hts cf way 01' eas .. menh avpurtenant to ar.~ ;i;O<!'t1o:ii; e;.f: ~he ner@~na:oov~ de!!.o;r~b<1(l 1anC., ~~sether wit~ all ahe si:'lgUlar the heredibament~ 1rnd. appl!;rt<!na:i.ces. tll~1•eur.tQ lJl)l.cnging, or in a~·•i'le a;ip,,rtain- ins, ar.C. -;;r.e t>e ver ~ ic>n ar;<;1 ;r.;.ver:11c11s, r.;.~a1n<l • t• anc. ::'~ma.1r.da!:'6 , rer.t.:>, i11~ue:1· and pl:'ot:.ta ~he~oc:'.'_; and all the e~eate, l:'ifrt, l.;.'..tle, i:f;arest ,. olaim ar:d 0.&o:!<r:c! -.oh.s.tsoever of' the a aid I' arty of t:na Jli:'.'st l'a;rt, eithel:' in ~a~ or equity, ot, in and to tho above bar~a:.n~d ~l:'em1Ses, wi~h tha h~redi;am..nts and appurte- ns.n oe s; ?O .l"I'. 'IE ,i.:tr1 TC liOLD the sa:..c. ·p l'<l<lniS es abovo ba?-11;Hr.ed and de:;cribud, with the appur"'.;ena.'lca.s; "'rte El.'N1I Sf.ALE COMPANY, forever. suc.ces2ors a~d aas~gr..s ~ tha a'.::iai.~e bar-ge.ined r:·remisas in the quiet s.r.d pe~naabl-e i::·osaeasic;:L c:i t:l:&--sa.1,d E:'::.l"t:~· of t:--ia SeQond !);, :i;:erscns l.s.wfully. claiming a" .to cl«.:.m th: whola ar any part .:.n the a:-anG. R'...ver F.o~pital J;int::>iot .• t~1e :e.1·~e~to11e 'Jater Oon~e:v­ v~cs D:.~tl'ic.t, U;., (Jro.il'.l >ra:ley l'i::-: Prctad:ion )istrict a.1;C. the Book .. O:irt Sc·il 1;o:i.serv.;,.t.ion DiStl:'iCt. E:rnCl'l'IW ~~· the P~l:'~:I 01· tfte Fir• t i'ii.r-:: t:ia da7 ar,d yeo.:r ti::-3t ;iereina.bove ?f"itter. by ;Lta. d~ly autho':c1~ed s e ,.1 "1' fixed. U!llOl! ;)IL CO)lf i'11l ~ m' CAJ.:.l J10RtlIA /-:? / --~;1,· 1 / ":_. / • .!'~' • ...:._J...___-...-/ #;; B ',. ,,-/ .· -~-1'· --'.' ;. < _,. • / y • '_ . I·.•: I,•_·,·'· _; ':/.', . ·._ ·-' " ,.,..--.;:-~. _\~iz.o }11 i:!fi~d~ -8- .... ~ STATE OF CALIFORNIA ) Book 377 Page 119 COUNTY OF __ L_os_f:_;.n-"-ge_1_es __ ) ss. ) The foregoing Special Warranty Deed was acknowledged /. ¢ before me this :J;; day of · c/ Q-\.c( / , 1966, by --~~u,._~~---- _____ Cl_r_1 ~_,. '..;;•~_s·_F_· __ p'-;-•r_k_er'----------' the ---=-1/...:·~-~-..<_~_: ------ President, and _____ E_'·_·_TI_._ca_-i_r_n_s _________ ;.._ ___ , the .l\ssistant. · -----------Secretary of UNION OIL COMPANY OF CALIFORNIA, a corporation duly organized and existing under and by virtue of the laws of the State of California. ... : ,. .. ~ . Witness my hand and official seal. My Commission expires Sept, 22, · 1967 (SEAL) i ~. ~ 0 (. Wo 0 <( "' rt: . 0 0 •.' 0 _. wo ) a: 0 .( u: 2: .. ~z O;J "' 0 . <i! (J !:;;: 00 w _. a: !!! t. 0 u. ::! ~ :!: !.!I ij .o u 'o ' DEPARTMENT OF STA.TB CERTIFICATE· ~ NATA LIE MEYER 1 !JJemela11y o/ .9"1ale o/ l/ie /!tale of <fio/o'lado hMely ce~ Ii/}; //url according to the records of this office, a Certificate of Merger dated April 211, 1986 wns iesued upon the merger of ' .. F.ATON SHALE COMPANY (Colorado Corporation) DATED: INTO CllEVRON SHALE OIL ·COMPANY (California Corporation) TllE SURVIVOR ·~ctober 28, 1987 Yllllll lllll lllllll llll llll liillll lllll Ill lllll llll !Ill 666845 01/11/2005 12:54P B1655 P178 M ALSDORF 1 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO CHEVRON U.S.A. INC. CERTIFICATE OF ASSISTANT SECRETARY L Hongyan Xun, Assistant Secretary of Chevron U.S.A. Inc., a corporation duly organized under the laws of the Commonwealth of Pennsylvania (the Corporation"), do hereby certify that annexed hereto are full, true and correct copies of Certificate of Merger filed with the Department of State of Pennsylvania on April 30, 2002 and Agreement and Plan of Merger by and among Chevron U.S.A. Inc. and Chevron Shale Oil Company. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said Corporation. this 41h day ofNovember, 2004. CHEVRON U.S.A. INC. Assistant Secret State of California ) City of San Ramon ) ss County of Contra Costa ) On November 4, 2004, before me, Simon Lee, a Notary Public in and for the State of California, personally appeared Hongyan Xun, Assistant Secretary of Chevron U.S.A. Inc., personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the within instrument in her authorized capacity, and that by her signature on the within instrument, the person or the entity upon behalf of which the person acted executed the within instrument. WITNESS my hand and official seal. ~ e 0 e e e 0 0 , e 0 a • t f@o SIMON LEE ~ ' . . COMM. #1352.816 . ~ o , NOTARY PUBLIC-CALIFORNIA o 0 "' • SAN FRANCISCO COUNTY - 0.. My comm. ExDlres Apt. 22, 2006 ( J<Jc;co:V" :;QQC::O 1111 Ill lllll lllllll llll llll lllllll lllll lll lllll llll llll _iSlJRN.JO csc 666 2 0 845 01/11/2005 12:54P B1~55 P179 M ALSPORF f 7 R 36,00 D 0.00 GARFIELD COUMTY CO PENNSYLVANIA DEPARTMENT OF ST !<.TE CORl'ORATION BUREAU Articles/Certificate of Merg r (IS Pa.CS.) EntiiyNumbor X Dotncs1io Bu:sm.s. Cotpomion 11926) 149371 = Domcmc NOllplOfit Cotporatiou § S926) _Limited Partnership (§ 8547) Dkusnat ,,,m, be returned to the """" Th~ Prentice-Hall Corporation System, lnc. 11~ ud address )'011 enter ta Mb"" Suite B 1~ 2704 Commerce Drive, °" Stal4 ZipCodt Harrisburg, PA 17110 I~ .. ~.!9.~P.\l:f.~.~.~~_q~.f!'!~. Filed in tho DepanmentofStai. o J RS0200Z Party in additional to two Q. \J~.() ~ . c: - "s::"-!. ' ... -··- ,...i..1·1·1NUi; oflhe wealth ,f In comptiance with !he roquiicmcnts oflhc applicable provisians(rclarlr j! to anfclcs of merger or consolidation). the undcnigncd, desiring to cffec1 a merger, hereby state tha1: I. Tb< name of the COI)>Ontionllimitcd partncnbip <utviviaa the n>erger is Chevron U.S.A. Jnr. I 2. CheclcondcompkU:<>MofrhtfoUuwlng: . .lL The ...,,;Ying CO<]>Onllioolliinilod pumenhip is a dom.stlo b11$iD=/ eopaofit cmpcn1ioo/limited partnership and tho (a) addms of its ......rn registcted office in this Commonwcaltb ~ (b} .....,. of its """"'1<n>ial ~office provider and th< COUllly of vmuo ls (lb< D<p-. ls l1ereb)' ~ to com>::t tho following infonnatWn to =tbmi to !he n><XJll:li oftbe Dep3"m<Dt): I {a) Number and Street Clly Staj Zip County (b) Name of Commen:ial Reg!stert4 Office Provider / clo The Prentice-Hall Corporation System, Inc. County Dauphin County _The surviving oarporationilin>ited p•nn•nhip Is a ~onprofit corporation /limited pmnetship ~ttdlfom>ed under th< laws of and the{•) addrcssQf its cum:nt rcgist«O<I office in this Commoowealth or {b) tmne ofits<omm=ial reg!~ office pt<>vidc:r and th• count)' of venue is (lhc Ocpaztmcnt is bcn:by authorized to COIT'Cel lho following information o cenfonn to the rcootds oftbc Ocpmmcnt): (a) Numl><r and Street City St.Uc Zip CC>U!lfy {b) Nune of Corrnn=W Registered Of!ioc Provido< do I County ----·-··-i __ .......,. pmnmhi!> inoo<poratcd,lfomicd uodot the laws of and the address of ii> principal offioe under the liws of such domiciliaJ1 jurisdiction ls: Number and 50-eet Cily State Zip 1111111111111111111111111111111111111111111111111111111 666845 01/11/2005 12:54P 81655 P180 M RLSOORF 3 of 7 R 36. 00 D 0. 00 GARFIELD C.OUNTY CO DSCB: 1S·t926/59261854 7-2 3. The name aad the addrw oftbe regi51crcd offico in this c.inuno.Wdllth or D&me ofilS commacial regisl=d office provider and the county of venue of each other domestic busineu/nonprofit ~tionllitttitcd pannersl::ip and qu.atificd f~gn business/nl:mprofit cotp0t2.tioa/limited p.trtn.c:tShip wtikb i5 a party lO the plan of mergc:r aro as follows: Name Chevron Shale Oil Compaoy Rogisl=d Off>CC Addr= Commm:ial Rcgist=d Office Provider 2730 Gateway Oaks Drive Corporation Service Suite 100 Company Sacramento, CA 95833 4. Ch<ek, and If 11pproprio1< comp/di, oneofthe fallowing: County Sacramento _The plan of merger shall bo otr.aivo upon filing those Artioles/Cortllicato ofMcrgot in tho Dcpanmcnt ofSbto. .JL The plan ofmeiger shall bo ofl'octive on: Hay 1, 2002 °"' at 11:30A.H.,.EST Hour S. The manacrin wbic:h lheptan of~wu adopted by each doroes.tic: eorpon.tion/limited partoeiship is as follows.: Name Maon<:r of Adoptioo Chevron U.S.A. Inc. Adopted by action of the shareholders pursuant to 15 Pa c.s. §1905 6. Str/J:4 oUJ thi.t paragraph If no foreign corporationltimltedpartne.rship ls o party 10 Ih£ merger. The plan was authoriud.adopt.d or approved, as the case may be, bytbe forcip buMC$$/nonprofit OO<pOmlorVlimited p"'11>crablp (or each of the foreign busincssloonprofit "'rporatiomllimitc<l partncnhips) party to the pla• in 1eootdm>oe with the laws of the j<Jris,diotion in which ii is incoiporatcd/orpnized. 7. Ch.ct ondlf 11ppropriat<a>mp/de, on<ofthefo//owing: ..!.. The plan of merger is set fonh in full ill !Wiibit A attached hcteto md made a part h=of. -· Pursuantto IS Pt.C.S. § 1901/§ 8547(b) (relring to emission of C<Nin provisions fro:o filed plans) tho provision.<. if any, of the: plan ofmeqerthatamend or c:orutitutc the. opera.rive provisions of the Art5c:lcs of lnc:oQlOralion!Ccnificatc ofl.imitod Partnership oftbe sutviving cmpomiowlimltcdparmcrship as in cf!i:<t subsequent to tho efti:ctlvo date of the plan arc IOI forth in foll in Exhibit A attacb<d bomo and 1I1Adc a p!Zty hereof. Tho full lat of the plan of merger is on filo at tb.e principal place ofbmincss of1he survivingcotpar.rtionlltmited panncnbip, lhc address ofwbich is. City Counly MlllH lllll lllllll llll llll l\lllll lllll Ill lllll llll llll 666845 01111/2005 12:54P 81655 P181 M RLSDORF 4 of 7 R 36.00 D 0.00 GRRF.IELD COUNTY CO DSCB: 15-192615926185'17·3 IN TESTIMONY WHEREOF. tile undersigned co~ put11<nhip hu caosed lhcse Articles/Certificate ofMerxcr to be sipcd by a di.aly amhorizcd offic:CC' thereof this ,;i7-n... dayof ~o:i--· Aww«t • Chevron U.S.A. Inc. ~t~2:::r Signature AGGt:S1"A-kl""T -~CIG€T../tl.:t 11tlo Chevron Shale Oil Compacy ~=o~Corpo~amc~-~11(: . "'E Signatun: Af.t;,, l <;TA i~I $EcRt::.ll±t! Th1i;; ... ' 1111111111111111111111111111111111111111111111111111111 666845 01/11/2005 12:54P 81655 P1B2 M ALSDORF 5 of 7 R 36.00 D 0.00 GARFIELD COU~TY CO EXHIBIT A AGREEMENT AND PLAN OF MERGER This AGREEMENT AND PLAN OF MERGER (this "Agreement"), dated as of April 29, 2002, by and among Chevron U.S.A. Inc., a Pennsylvania corporation ("CUSA"), and Chevron Shale Oil Company, a California corporation ("CSOC"). WITNESSETH: WHEREAS, CUSA is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania; and WHEREAS, CSOC is a co.iporation duly OJganizcd and existing under the laws of the State of California; and WHEREAS, the Board of Directors of each of CUSA and CSOC deems it desirable, upon the terms and subject 10 the conditions stated herein, that CSOC be merged with and into CUSA, and that CUSA be the surviving coipOration (the "Merger"); NOW, THEREFORE, it is agreed as follows: SECTION I Merger: Effects 1.1 At the Effective Time {as hereinafter defined), CSOC shall be merged with and into CUSA, with CUSA as the sole surviving corporation (the "Surviving Corporation"). 1.2 At the Effective Time: (a) Each then-outstanding share of capital stock of CUSA shall, by virtue of the Merger and without any action on the part of the holder thereof, remain unchanged and continue to remain outstanding as one share of capital stock of the Surviving Corporation. (b) Each then-outstanding share of capital stock of CSOC shall, by virtue of the Merger and without any action on the part of the holder thereof, be canceled and no · consideration shall be issued in respect thereo£ SECTION2 Effective Time 2.1 If this Agreement is duly adopted by the stockholders of each of CUSA and CSOC and is not terminated in accordance with Section 5 hereof, a certificate of merger -I . · nnm 111111111111111111111111111111111111111111111111 666845 01/11/2005 12:54P 81655 P183 M ALSDORF 6 of 7 R 36.00 D 0.00 GRRFIELD COUNTY CO reflecting this Agreement (the "Certificate of Merger") shall be filed with tbe Secretary of State of the State of California and articles of merger reflecting this Agreement (tbe "Articles of Merger") shall be filed with the Secretary of State of Pennsylvania. 2.2 The Merger sball become effective (the ''Effective Time") at the time of the filing oftbe Articles of Merger withtbe Secretary of State of Pennsylvania (or such later time as may be specified therein). SECTION3 Certificate oflncorporation and Bylaws 3. l At.the Effective Time, the Amended and Restated Articles of Incorporation of CUSA, as amended through the Effective Tune, shall be the Amended and Restated Articles of Incorporation of the Surviving Corporation. 3.2 At the Effective Time, the By-Laws of CUSA, as amended through the Effective Tune, shall be the By-Laws of the Surviving Corporation. SECTION4 Direclrirs and Officers 4.1 The directors and officera of CUSA immediately prior to the Effective Time of the Merger shall be the directors and officers, res~vely, of the SUJ:Viving Corporation. SECTIONS Amendment and Terniination 5.1 At any time prior to the Effective Time, notwithstanding approval of this Agreement by the stockholders of CUSA and/or CSOC, this Agreement may be amended, to the fullest extent permitted by applicable law, by an agreement in writing duly approved by each of CUSA and CSOC. 5 .2 At any time prior to the Elfective Time, notwithstanding approval of this Agreement by the stockholders of CUSA and CSOC, this Agreement may be terminated and abandoned by CUSA. • 2. · 1111111111111111111111111111111111111111111111111111111 666845 01/11/2005 12:54P 81655 P184 M ALSDORF 7 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, CUSA and CSOC have caused this Agreement to be executed by its duly authorized officers, as of the 29111 day of April, 2002. · CHEVRON U.S.A INC. By: ~~,Jc_ 9. ~!- Name: ~..:. 4ii $..·,..ee Title: Assistant Secretary CHEVRON SHALE OIL COMPANY Road Upgrade Agreement with the Property Owner (In lieu of a Statement of Authority) GARDEN GULCH ROAD UPGRADE AGREEMENT (Bridge Installment across Parachute Creek) This GARDEN GULCH ROAD UPGRADE AGREEMENT ("Agreement") is made effective as of November l, 2008 ("Effective Date"), by and between CHEVRON SHALE OIL COMPANY, A DIVISION OF CHEVRON U.S.A. INC., a Pennsylvania corporation, with an address at P.O. Box 36366, Houston, Texas 77236 ("Chevron") and MARATHON OIL COMPANY, an Ohio corporation, whose address is 5555 San Felipe Road, Houston, Texas 77056 ("Marathon"). RECITALS A. Petroleum Development Corporation ("PDC"), Piceance Gas Resources, LLC ("PGR") and Chevron, successor by name change to ChevronTexaco Shale Oil Company ("CSOC"), (collectively referred to as the "Original GGR Parties"), agreed to participate in PDC's construction of Garden Gulch Road ("GGR"), by letter agreement dated January 17, 2005 ("GGR Letter Agreement"). Under Section 2 of the GGR Letter Agreement, Chevron granted PDC a license to use the GGR, and PDC assumed the responsibility to maintain the GGR. Chevron also granted PDC the right to upgrade the GGR with Chevron's consent. B. As part of Chevron's grant of consent to assign from PDC to Marathon, Marathon agreed by letter, dated July 19, 2006, to become a contributor to the GGR and to be bound by the GGR Letter Agreement ("Marathon Letter Agreement"). C. By letter agreement, dated March 20, 2008, Chevron granted Marathon permission to install a temporary bridge over Parachute Creek to facilitate Marathon's rig moves at Marathon's sole risk and expense ("Temporary Bridge Agreement"), while the Parties continued their negotiations for this Agreement. C. As required by Section 2(h) of the GGR Letter Agreement, Marathon requests Chevron's approval to upgrade the GGR by installing a new road and bridge across Parachute Creek and removing the existing bridge, as described and depicted in Exhibit C. Chevron approves of Marathon's Parachute road and bridge upgrade, provided Marathon conducts the construction and upgrade in accordance with the terms of this Agreement. D. In consideration of the mutual promises set out in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Chevron and Marathon agree to be bound by the terms of this Agreement in an effort to upgrade the GGR and install an improved bridge structure across Parachute Creek. AGREEMENT I. DEFINITIONS, INTERPRET ATON, AND EXHIBITS I.I Definitions. As used in this Agreement, these words or expressions have the following meanings: QLS No. 699369 "Affiliate" means any legal entity which controls, is controlled by, or is under common control with, another legal entity. An entity is deemed to "control" another if it owns directly or indirectly at least fifty percent of either of the following: Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November I, 2008 Execution Version QLS No. 699369 (A) The shares entitled to vote at a general election of directors of such other entity. (B) The voting interest in such other entity if such entity does not have either shares or directors. ''Claim" means any claim, liability, loss, demand, damages, encumbrances, cause of action of any kind, obligation, costs, fines, proceedings, judgments, interest and award (including recoverable legal counsel fees and costs of litigation of the person or entity asserting the Claim and sums paid by way of settlement or compromise), whether arising by law, contract, tort, voluntary settlement or otherwise. "Construction Area" has the meaning given in Section 2.3. "Effective Date" shall have the meaning given in the introductory paragraph. "GGR" means that certain road in which the Original GGR Parties agreed to participate under the GGR Letter Agreement. "GGR Letter Agreement" means that certain letter agreement, dated January 17, 2005, between and among the Original GGR Parties and providing for PDC's construction of GGR. The GGR Letter Agreement is attached as Exhibit A. · "Installation Area" means the surface of the lands owned by Chevron located in Section 8, Township 6 South, Range 96 West of the 6'h P.M., in Garfield County, Colorado that are more particularly described and depicted on Exhibit C. Installation Area includes but is not limited to the Installment Area, Upgrade, Construction Area, and Staging Area also identified on Exhibit C. "Installment Area" shall have the meaning given in Section 2.1. "Marathon Letter Agreement" means that certain letter agreement, dated July 19, 2006, under which Marathon agreed to become a contributor to and be bound by the terms of the GGR Letter Agreement, in exchange for Chevron's consent to assignment from PDC to Marathon. A copy of the Marathon Letter Agreement is attached as Exhibit B. "Original GGR Parties" means Petroleum Development Corporation ("PDC"), Piceance Gas Resources, LLC ("PGR") and Chevron, successor by name change to ChevronTexaco Shale Oil Company ("CSOC"). "Party" means Chevron or Marathon and "Parties" mean both of them. "Petroleum Substances" means any mineral, ore, oil, hydrocarbon or natural gas existing in its natural condition in strata of any kind or character, including but not limited to oil, casinghead gas, gas well gas, and any condensate, coal, bituminous shale or other stratified deposits from which oil or gas can be extracted that are produced and severed from, or allocable, after severance, to the Installation Area or any lands adjacent to or adjoining or used for ingress and egress to the Installation Area. Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November I, 2008 Execution Version 2 "Staging Area" has the meaning given in Section 2.3. "Temporary Bridge Agreement" means that certain letter agreement, dated March 20, 2008, under which Chevron granted Marathon permission to install a temporary bridge over Parachute Creek to facilitate Marathon's rig moves at Marathon's sole risk and expense, while the Parties continued their negotiations for this Agreement. "Upgrade" has the meaning given in Section 2.1. 1.2 Interpretation. Unless the context expressly requires otherwise, all of the following apply to the interpretation of this Agreement: (A) The plural and singular words each include the other. (B) The masculine, feminine and neuter genders each include the others. (C) The word "or" is not exclusive. (D) The word "includes" and "including" are not limiting. (E) References to matters "arising" (or which "arise" or "arises") .. out of this Agreement" include matters which arise in connection with this Agreement or have a causal connection with or which flow from this Agreement or which would not have arisen or occurred but for the entering into this Agreement or the performance of or failure to perform obligations under this Agreement. (F) The headings in this Agreement are included for convenience and do not affect the construction or interpretation of any provision of, or the rights or obligations of a Party under, this Agreement. 1.3 Exhibits. (A) All of the Exhibits that are attached to the body of this Agreement are an integral part of the Agreement and are incorporated by reference into this Agreement, including: (I) Exhibit A -GGR Letter Agreement (2) Exhibit B -Marathon Letter Agreement (3) Exhibit C -Description and Plat of Installation Area (B) If a conflict exists between the body of this Agreement and the Exhibits. the body prevails to the extent of the conflict. 2. UPGRADE OF GGR 2.l GGR Upgrade. Chevron grants Marathon pennission to upgrade the GGR at Marathon's sole risk and expense according to the terms of this Agreement. Marathon will construct a new section of road, remove the temporary and existing bridges, and replace with a new QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and tvtarathon, dated November I, 200& Execution Version · J bridge within the boundaries of the Installment Area, and according to the plat shown on Exhibit C for the purposes described in Section 3 ("Upgrade"). As shown. in Exhibit C, the Installment Area shall be· fifty feet (50') in width, the centerline being situated directly over the line depicting the road within the Installment Area. No surface will be disturbed outside of the Installation Area, and at least two lanes will be left open and made available on GGR for use by truck traffic during construction. The Upgrade to be constructed under this Agreement shall be owned and licensed according to the terms of the GGR Letter Agreement. (A) Chevron Reserves Certain Rights. Chevron reserves to itself, its Affiliates, agents, successors and assigns, the right of ingress to and egress from the Installation Area for the purpose of any or all of the following: (I) laying, constructing, operating, repairing and removing a pipeline or pipelines, (2) cutting and removing any and all timber standing, growing and being upon the Installation Area, (3) engaging in a program of reforestation by the planting, seeding and cultivation of additional trees thereon, (4) removing soil and/or dirt from the Installation Area and (5) testing by seismographic methods or any other method, similar or dissimilar, and of prospecting and/or drilling for Petroleum Substances, with the right to produce, store, treat, process, transport, distill and extract the contents of same on or near the Installation Area. Chevron further reserves the right to erect such structures or buildings and make such excavations as it deems necessary and proper for any and all purposes contained in this reservation, without any liability whatsoever to Marathon for any acts done by Chevron in carrying out such purposes and in performing any acts incidental to same. (B) No Warranty. Marathon accepts the Installation Area in its present condition, "AS IS, WHERE IS" and accepts full responsibility therefore, without warranty, express, statutory or implied, as to title, merchantability, condition, quality or fitness for a particular purpose, or any other sort of warranty, without recourse against Chevron. Chevron makes no representations or warranties regarding Marathon's right of ingress and egress from the Installation Area across adjacent or adjoining lands. (C) Subject to Existing Agreements. This Agreement is made subject to all existing easements, rights-of-way, licenses, leases and other agreements affecting the surface or subsurface of the Installation Area. Chevron further reserves the right to grant other rights-of-way, licenses, leases, easements, and other agreements to third parties to cross over or under the Installation Area to be constructed under in this Agreement. Marathon is responsible for obtaining any necessary third party consents prior to conducting activities on the Installation Area pursuant to this Agreement. 2.2 Bridge. Marathon shall remove the existing bridge and temporary bridge and install the new bridge in a safe and prudent manner in compliance with all laws and regulations, and shall properly dispose of all material associated with the existing bridge and its removal off of Chevron's property. QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November I, 2008 Execution Version (A) The temporary bridge installed by Marathon under the Temporary Bridge Agreement will remain in place until construction of the new bridge provided under this Agreement is completed. (B) Marathon shall completely remove the entire existing original bridge and the temporary bridge shown on Exhibit C, including but not limited to, the concrete base and metal brace on the original existing bridge at the center of Parachute Creek. (C) Marathon shall not operate or conduct any construction in the Installation Area between December l, 2008 and April 1, 2009. Marathon shall also coordinate with Chevron's Ranch Manager before commencing any construction in the Installation Area, as outlined in Section 4 below. Any other operational stipulations resulting from weather conditions will be given to Marathon by Chevron's Ranch Manager at the time of the consultation under Section 4. Notwithstanding the forgoing, Marathon may request of Chevron in writing an exception to the weather construction restriction set forth in this Section 2.2(C). Chevron may grant or deny the exception in writing at its sole discretion for any reason or no reason. 2.3 Construction and Staging Areas. Marathon may use the "Construction Area" and "Staging Area" identified on Exhibit C to store equipment, materials, and vehicles associated with construction of the Upgrade. After the Upgrade is complete, Marathon shall have no rights to the Construction Area or Staging Area. (A) Marathon may use the Construction Area and Staging Area identified on Exhibit C to store equipment, materials, and vehicles associated with the.Upgrade. Marathon may also remove trees and conduct earth work in the Construction Area and Staging Area, subject to the requirements to coordinate with Chevron's Ranch Manager in Section 4. (B) Marathon shall not disturb any land located outside of the Installment Area, Staging Area and Construction Area. Marathon shall not permit Construction Area or Staging Area to be used for any purposes, including parking, equipment or material storage after the Upgrade is complete. (C) Marathon shall store equipment, materials, and park all vehicles associated with the Upgrade only in the Construction Area and Staging Area identified in Exhibit C. Any additional storage, parking, or construction surface on Chevron lands shall not be utilized without prior approval from Chevron. 2.4 As-Built Drawings and Survey. Marathon shall continuously maintain current as-built drawings for the Upgrade and all of its associated facilities located within the Installation Area and will provide Marathon with copies of such drawings within two months of completing any update of drawings for the Upgrade. Marathon shall also provide Chevron with an as built survey prepared by a licensed surveyor of the Upgrade as constructed within two months of completing the Upgrade. 3. PURPOSE, USE, AND MAINTENANCE OF INSTALLATION AREA QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November I, 2008 Execution Version 5 3.1 Purpose. The Installation Area is to be used for the sole purpose oflaying, constructing, operating, inspecting, maintaining, repairing, replacing, and removing a two lane road and bridge for the transportation of equipment associated with Marathon's drilling and development operations, per the terms of the license granted by Chevron under the GGR Letter Agreement. Marathon and its employees, agents, invitees, contractors, and subcontractors will have rights of ingress and egress to the Installation Area in connection with these purposes. Marathon agrees that no part of the Installation Area shall be used for any purpose except as provided in this Section 3. 3.2 No interference with Use by Chevron or its Lessees. Marathon shall maintain and operate the Installation Area in such .manner that the Marathon's operations will in no way hinder or prevent the use and enjoyment of Chevron's adjoining property, including, but not limited to, use of adjoining property for exploration, mining, development, and removal of Petroleum Substances, and farming, ranching and land development operations. In conducting any activities on the Installation Area, Marathon shall minimize disruption and damage to any of the following: (A) the Installation Area and adjacent or adjoining lands or lands used for ingress or egress to the Installation Area; (B) the operations of Chevron's surface lessees; (C) Chevron or any of its lessees' or grantees' irrigation systems, crops, grazing livestock, pasture, and other agricultural and grazing equipment. 3.3 Weeds. In consultation with Chevron's Ranch Manager, Marathon shall control all invasive weed species in the Installation Area. Marathon shall use such methods of invasive weed species control as are nonnal and customary for the area without posing significant risk to human health or the environment. 3.4 Debris. Marathon will maintain the Installation Area in good repair, clear of debris, refuse and litter. From time to time as necessary, Marathon will clear away any and all refuse and litter and any other debris associated with the Upgrade or maintenance of the Installation Area, and shall ensure same are removed from and properly disposed in accordance with applicable law off of Chevron's property. If Chevron notifies Marathon of any refuse, litter, or debris on the Installation Area, Marathon shall have thirty days from the date of Chevron's notification to clear it away and clean the Installation Area. Failure to comply with the conditions of this Section 3.4 shall be deemed a breach of this Agreement and handled in accordance with Section I 5 under this Agreement. 3.5 Improvements. Marathon will maintain at its sole expense all improvements, fences, gates and cattle guards now located on the Installation Area or which may be placed on the Installation Area by Marathon, and will build, maintain and/or erect all necessary additional fences, gates and cattle guards as required by Chevron. 3.6 Grass Fires. Marathon shall take all necessary precautions, in conducting its activities under this Agreement, to prevent brush and grass fires. 3. 7 Creek Dredging. If Marathon desires to dredge the creek where the bridge is located, Marathon will be responsible for obtaining all permits and agrees to dispose of any spoil in accordance with all applicable rules and regulations. Marathon shall not dispose of spoil from dredging on the Installation Area or any other lands owned by Chevron without the prior written consent of Chevron, which may be withheld for any reason or no reason. QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November I, 2008 Execution Version 6 3.8 No Petroleum Substances, Agricultural, Hunting, or Fishing Rights. The rights granted under this Agreement do not include the right to explore for or produce oil, gas.or other minerals, and do not include agricultural, farming, ranching, fishing or hunting rights. Marathon, its employees, agents, contractors, and subcontractors are prohibited from fishing, hunting or carrying firearms on Chevron lands, including the Installation Area. 3.9 Trespassers. Marathon will notify trespassers to keep off the Installation Area by posting signs at its sole expense unless already posted by Chevron, in which event Marathon agrees to maintain any existing signs during the Term. In the event any trespasser(s) refuses to vacate or cease trespassing on the Installation Area, Marathon shall promptly notify Chevron. It is understood and agreed that Marathon may exercise any legal right or remedy available to Marathon against any parties not having the express written permission of Chevron to hunt or fish on the Installation Area for the protection of Marathon's rights under this Agreement, whether such right be criminal or civil in nature or available either in equity or at law. 3.10 No public use. All activities permitted pursuant to this Agreement shall be performed by or under the direction of Marathon, and Marathon shall not permit, unless otherwise authorized in writing by Chevron, public easements, public facilities, or public roads over or under the Installation Area. 3.11 Restoration of Installation Area. Marathon shall keep the Installation Area in a good and safe condition and, after doing any work which disturbs any surface area outside the Upgrade, whether inside or outside the boundaries of the Installation Area, Marathon shall restore such surface to as good or better than its original condition prior to disturbance. 3.12 No permanent or temporary structures. Marathon shall have no right to locate any additional permanent or temporary surface structures on any part of the Installation Area without the prior written approval of Chevron, which approval is separate from and in addition to any rights granted in this Agreement. Chevron may withhold its approval for any reason or no reason. Marathon shall have no right to use any of Chevron's surface outside of the boundaries of the Installation Area, except rights of ingress and egress to the Installation Area granted under this Agreement. 3.13 Handling of Top Soil. Marathon shall remove any top-soil from the Installation Area separately from other material removed by Marathon in connection with any activity on the Installation Area, and shall replace any topsoil removed upon completion of that activity. 3.14 Stones, Brush, and Other Debris. All stones, brush and debris uncovered on, removed from or deposited on Chevron lands as the result of activities permitted under this Agreement shall be disposed of at Chevron's direction and at Marathon's sole cost and expense. 3.15 Drainage and Irrigation Systems and Other Roads. Marathon shall timely replace or rebuild, to the satisfaction of Chevron, any and all parts of any road or any drainage or QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November I. 2008 Execution Version 7 irrigation system road or other improvement that may be damaged in connection with Marathon's activities conducted pursuant to this Agreement. (A) Marathon shall restore to proper operating condition to Chevron's satisfaction any irrigation systems damaged by the activities permitted under this Agreement. Immediately upon completion of any activity performed under this Agreement, Marathon shall timely repair any damage to open irrigation and drainage ditches by using proper mechanical ditch channel compaction methods and by reestablishing pre-disturbance grades and flowlines. All culverts and buried irrigation system pipelines damaged by the Upgrade activities shall be replaced by Marathon immediately upon completion of the activity. (B) Marathon shall also permanently restore to field grade any settling or slumping in Chevron's fields and pastures, caused by the activities permitted under this Agreement. (C) Upon completion of the Upgrade, Marathon shall grade all roads on Chevron's lands that were used in connection with Marathon's activities under this Agreement. 3.16 Fences. Marathon shall have the right to cross fences on Chevron property adjoining the Installation Area whenever Marathon's crossing shall be reasonably necessary in conducting activities permitted under this Agreement. Marathon shall maintain a proper enclosure at all times and shall restore such fences to a condition equal to or better than their condition prior to Marathon's crossing as soon as crossing is completed. Nothing in this Section 3.16 shall be construed to make Marathon responsible for restoration of fencing damaged or removed by any party other than Marathon, its employees, agents, contractors, subcontractors, or invitees. 4. COORDINATION WITH CHEVRON RANCH MANAGER. Marathon shall work in cooperation with Chevron's Ranch Manager to coordinate all activities permitted under this Agreement. At least ten days prior to beginning work on the Installation Area, Marathon shall contact Chevron's Ranch Manager at the phone number listed below with the signatures to this Agreement, and shall arrange a mutually convenient time to review Marathon's plans for the Installation Area. In addition to verifying that Marathon's plans will meet the requirements of Sections 2 and 3, Marathon and Chevron's Ranch Manager will agree upon the trees to be cut within the Staging Area and Construction Area. Marathon will provide Chevron and all other road users with a detailed time line of the Upgrade. 5. COMPLIANCE WITH APPLICABLE LAW. In its exercise of its rights granted under this Agreement, Marathon will comply with all applicable federal, state, and local laws and with all rules, regulations and orders of all regulatory authorities having jurisdiction. 6. NECESSARY PERMITS. Marathon shall obtain and maintain, and ensure shall ensure that its contractors and subcontractors maintain, all licenses, pennits, consents, approvals or other authorizations from all governmental or professional or other bodies having jurisdiction which are necessary for the performance of activities permitted under this Agreement. QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November I, 2008 Execution Version 8 7. LIENS. Marathon will pay all claims for labor and materials that may be furnished on its behalf, and will defend, indemnify and hold Chevron harmless against all liens, encumbrances and Claims that may be filed against Chevron lands as a result of Marathon's activities under this Agreement and all Claims incurred and/or paid in connection with same. 8. TERM. Unless terminated earlier, the term of this Agreement begins on the Effective Date and ends one year from the Effective Date, and shall continue so long as Marathon continues to use and maintain the Upgrade without interruption for more than 180 consecutive days. 9. TERMINATION 9. l Failure to Complete or Cessation of Use. If Marathon fails to complete the Upgrade within one year from the Effective Date, or ceases to use and maintain the Installation Area or Upgrade for more than 180 consecutive days at any time after the Effective Date, this Agreement will automatically terminate. 9.2 Interference with Chevron Operations. (A) If Chevron determines in its sole discretion that Marathon's operations will interfere with Chevron's exercise of its rights to Petroleum Substances, Chevron may choose from either of the following options: (I) Terminate the Agreement. (2) Require Marathon to modify or relocate the Upgrade within the Installation Area or to such other Chevron lands as Chevron directs in order to eliminate the interference to Chevron's satisfaction. If Chevron elects to require Marathon to modify or relocate Marathon's operations under this Agreement, all of the following will occur: (a) The Parties shall execute a written amendment to this Agreement reflecting the modification or relocation of the Upgrade under this Agreement. (b) Except as provided in Section l l, if modification or relocation of Marathon's operations occurs prior to January 18, 2018, Chevron shall reimburse Marathon for its reasonable and actual documented costs of relocating the Upgrade, subject to Marathon's obligations to restore under Section 10. (c) Effective January l, 2018 and thereafter, Marathon agrees to modify or relocate the Upgrade at its sole risk and cost and subject to Marathon's obligations to restore under Section I 0. 9.3 Upon termination of this Agreement, Chevron will have the option, in its sole discretion, to either retain the right to use the Upgrade subject to Marathon's obligations under Section 10.1, or require Marathon to abandon and remove the Upgrade and restore the Installation Area under Section 10.2. QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November l, 2008 Execution Version 9 9.4 Tennination of this Agreement under any of its provisions shall not operate to extinguish any obligations of Marathon which have accrued at the time of tennination, or which accrue upon tennination. 10. OBLIGATIONS UPON COMPLETION OF UPGRADE OR TERMINATION 10.l Restoration. (A) Upon completion of the Upgrade or tennination of this Agreement, Marathon shall have one month from completion of the Upgrade or tennination of this Agreement, as applicable, to restore the Installation Area and all areas on Chevron lands areas disturbed by any activity under this Agreement to their original or better condition. If tennination of this Agreement or completion of the Upgrade, as applicable, occurs after October l, 2008, Marathon shall have until the earlier of June 30, 2009 or one month after Spring 2009 thaw begins to restore the Installation Area and all areas on Chevron lands affected by any activity under this Agreement to their original or better condition. (B) Marathon's restoration obligations under Section !O. l(A) shall include reseeding with seed mixes and planting trees approved by Chevron. Marathon shall continue to reseed and cultivate until successfully reestablishing self sustaining vegetation in the Installation Area. Reseeded areas shall be properly mulched except in pastures and hay fields. Marathon shall also spray all areas disturbed by construction to control noxious weeds for a period of no less than three growing seasons after completion of the Upgrade or tennination of this Agreement, as applicable. l 0.2 Chevron's Option to Require Abandonment. Upon termination of this Agreement, Chevron shall have the option in its sole discretion to require abandonment or removal of the Upgrade within the Installation Area. If abandonment is requested by Grantor, Grantee shall leave the Upgrade in a well maintained condition. If a removal of the Upgrade is requested by Grantor, Grantee shall have a period of six months from and after the effective date of tennination in which to remove the Upgrade from the Installation Area and comply with its restoration obligations under Section l 0. l. !0.3 Marathon Release. Upon the tennination of this Agreement, in whole or in part, for any reason, Marathon will, within thirty days thereafter, deliver to Chevron an instrument in the county records that reflects that Marathon's rights to the Installation Area under this Agreement have tenninated, in whole or in part. If Marathon fails to comply with this obligation within the time required, Marathon authorizes Chevron to file a notice of tennination on Marathon's behalf. 11. LIMITATION ON DAMAGES. Under no circumstances shall Chevron have any obligation to compensate Marathon for indirect or consequential loss, including loss of production, petroleum or petroleum products, loss of prospective economic advantage or benefit, or loss of business opportunity, punitive or exemplary damages. 12. MARATHON'S INDEMNITY. Marathon will defend, indemnify and hold Chevron harmless against all Claims (including without limitation attorneys' fees and court costs, costs of investigating Claims, site assessments, testing and remedial actions) incurred and/or paid in QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November I. 2Q08 Execution Version IO connection with such Claims, arising from or on account of any act or omission by Marathon, its employees, agents, invitees, contractors, and subcontractors, on or relating to this Agreement or the Installation Area. Marathon's defense and indemnity obligation will not apply to Chevron's sole negligence or willful misconduct. If Marathon fails to perform any act required by this Agreement or otherwise comply with any of its obligations under this Agreement, Chevron will have the right but not the obligation to perform the act or obligation that Marathon failed to perform, and Marathon will fully defend, indemnify and hold Chevron harmless against all costs and expenses incurred by Chevron in performing the act or obligation that Marathon failed to perform. If Marathon fails to comply fully with the terms of this Agreement, Marathon will be obligated to reimburse all costs and expenses incurred by Chevron in enforcing this Agreement, including but not limited to court costs and attorneys' fees. The provisions of this paragraph will survive termination of this Agreement. 13. INSURANCE 13.I Neither the minimum policy limits of insurance required of Marathon under this Section 13 nor the actual amounts of insurance maintained by Marathon under its insurance program limit or reduce Marathon's liability and indemnity obligations in this Agreement. 13.2 Marathon shall maintain the following insurance and all other insurance required by applicable law: (A) Workers' Compensation and Employer's Liability Insurance as prescribed by applicable laws. The policy limits of the employer's liability insurance must not be less than $1,000,000.00 per occurrence. (B) Commercial General Liability (Bodily Injury and Property Damage) insurance, including the following supplemental coverages: Contractual liability to cover the liabilities assumed in this Agreement; Products and Completed Operations; Explosion, Collapse and Underground Hazards; and Sudden and Accidental Pollution. The policy territory coverage must include all areas where operations are to be performed. The policy limits must not be less than $I 0,000,000 combined single limit per occurrence. (C) Automobile Bodily Injury and Property Damage Liability Insurance extending to all vehicles provided by Marathon in the performance of operations. The policy limits for this insurance must be the higher of the amount required by applicable law or $1,000,000 combined single limit per occurrence. 13.3 Policy endorsements. QLS No. 699369 (A) Marathon shall, or shall cause its insurer to, provide Chevron with thirty days' notice before canceling or making a material change to an insurance policy required by Section 13.1. (B) Waivers of subrogation in favor of Chevron must be included in the workers' compensation insurance policies required by Section 13.2(A). Garden Gulch Road Upgrade Agreement bet~'een Chevron and Marathon, dated November I, 2008 Execution Version 11 (C) The insurance required in Sections 13.2(B) and 13.2(C) must include all of the following: (I) Chevron shall be named as additional insureds to the extent of the liabilities assumed by Marathon under this Agreement. The coverage provided to Chevron as additional insureds must expressly include liability imposed or sought to be imposed upon Chevron for the contributory fault or negligence of Chevron to the extent that Marathon has assumed such liabilities of Chevron under the Agreement. (2) A provision that the insurance is primary with respect to all insureds, including additional insureds, and that no other insurance carried by Chevron will be considered as contributory insurance for any loss. (3) A cross liability or severability of interest clause which has the effect of insuring that each insured (including additional insureds) is covered as a separate insured. 13.4 Evidence of insurance. Before performing any operations on the land under this Agreement, Marathon shall provide Chevron with certificates or other documentary evidence satisfactory to Chevron of the insurance and endorsements required under this Section 13. Chevron's acceptance of this certificate does not constitute a waiver, release or modification of any of the insurance coverages and endorsements required under this Section 13. Marathon shall provide copies of insurance policies required under this Agreement if requested by Chevron. Marathon acknowledges that failure to provide a certificate or a copy of a policy or other evidence as required by this Section 13.4 may lead to termination of this Agreement. · 13.5 Deductibles or self-insured retentions. Marathon is solely responsible for payment of all deductibles or self-insured retentions that are applicable to any claims made against Chevron covered by Marathon's insurance policies. The level of these deductibles or retentions must be reasonable and compatible with that expected of a prudent operator in similar circumstances. 13.6 Waiver of subrogation for Chevron's physical damage insurance. Marathon shall obtain a written waiver of subrogation in favor of Chevron from its insurers who provide physical damage insurance with respect to property used in the performance of operations. 13.7 Conflict with applicable law. Marathon will not be required to carry the insurance coverages required in this Agreement to the extent such coverages conflict with, or are void or otherwise unenforceable under, applicable laws or regulations. 13.8 Self Insurance. Marathon may satisfy its insurance obligations under this Section 13 by delivering to Chevron a written commitment to administer a program of self-insurance in a form acceptable to Chevron which satisfies all of the insurance requirements set forth above. 14. TAXES. Marathon shall promptly pay, before delinquency, all taxes and assessments levied or assessed upon or against the Installation Area during the term hereot~ by reason of, or resulting QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November t, 2008 Execution Version 12 from Marathon's activities under this Agreement in relation to the Upgrade and all associated facilities, and to reimburse Chevron for any increase in taxes paid by Chevron resulting from the value of such Upgrade and associated facilities, whether or not separately assessed. Marathon shall pay all taxes levied or assessed upon or against the Upgrade and associated facilities and operations on the Installation Area. 15. BREACH; CHEVRON'S RIGHT TO SUSPEND ACTIVITIES. If Marathon defaults in the performance of any of its obligations under this Agreement, Chevron may suspend activities under this Agreement at the sole cost of Marathon effective immediately upon Chevron placing written notice in U.S. Regular mail to Marathon, and may enforce the performance of this Agreement in any manner provided by law. Any attempt by Marathon to interfere with Chevron's exercise of its rights to suspend Marathon's activities for breach shall result in automatic termination of this Agreement. Regardless of whether Chevron suspends Marathon's activities under this Agreement, this Agreement may be terminated at Chevron's discretion if Marathon's default continues for a period of thirty days after Chevron notifies Marathon of such default and Chevron's intention to terminate this Agreement, and Marathon has not cured the default within such thirty day period or has not undertaken actions reasonably calculated to cure the default within such period and thereafter pursued such actions with reasonable diligence. Thereafter, Chevron will have the right, without further notice or demand, to enter the Installation Area, remove all of Marathon's personal property that may be located thereon, and restore the Installation Area to its original condition, without waiving any other remedies to which Chevron may be entitled. If, within ninety days after the date of Agreement termination, Marathon does not fully reimburse the costs Chevron incurs in removing and storing Marathon's personal property and restoring the Installation Area to its original condition, then in addition to Chevron's other rights under this agreement, Chevron may dispose of the stored property, retain any proceeds from the sale of such property, and maintain an action against Marathon for any deficiency. 16. REMOVAL OF PROPERTY. Buildings, improvements, material, machinery, equipment and other property that may be constructed or placed on the land by Marathon will not become part of the real property but will remain the personal property of Marathon. Marathon will remove all of its personal property from the land within ninety days following termination of this Agreement. If Marathon fails to remove its personal property from the land within ninety days following termination of this Agreement, Chevron will have the right but not the obligation to assume ownership of same without the necessity of a formal conveyance or bill of sale from Marathon, and/or to dispose of such personal property and retain any proceeds from sale. All machinery and other material, equipment and property associated with the construction of the road and removal of the bridge shall not become part of the real property but shall remain the personal property of grantee. Grantee shall be obligated to remove all personal property placed by grantee within the Installation Area within sixty days following the removal of the existing bridge and shall not thereafter be allowed to place personal property within the Installation Area. If grantee fails to remove its personal property within sixty days following the removal of the existing bridge, grantor shall have the right but not the obligation to assume ownership thereof without the necessity of a formal conveyance or bill of sale from grantee, and/or to dispose of such personal property and retain any proceeds from the sale thereof, or should the cost of disposing of such personal property exceed the revenue generated by such a sale to recover any shortfall from the grantee. QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November J, 2008 Execution Version 13 17. NOTICES. All notices required or pennitted under this agreement must be in writing and delivered by mail (postage prepaid) or by hand delivery to the address of the receiving party set out in the signature page to this agreement, unless otherwise specified in this agreement. Notice may also be delivered by facsimile sent to the facsimile number of the receiving party set out in the signature page to this agreement provided that the original notice is promptly sent to the recipient by mail (postage prepaid) or by hand delivery. Notices sent by email are ineffective. Except as otherwise provided in this Agreement, notices are effective when received by the recipient during the recipient's regular business hours. Notices which do not comply with the requirements of this agreement are ineffective, and do not impart actual or any other kind of notice. 18. CONFLICT OF INTEREST. Conflicts of interest relating to this agreement are strictly prohibited. Except as provided in this agreement, neither Marathon, nor any director, employee, agent of Marathon, shall give to or receive from any director, employee or agent of Chevron any gift, entertainment or other favor of significant value, or any commission, fee or rebate. Likewise, neither Marathon nor any director, employee or agent of Marathon shall, without prior written notification thereof to Chevron, enter into any business relationship with any director, employee, or agent of Chevron or any Affiliate, unless such person is acting for and on behalf of Chevron. Marathon shall promptly notify Chevron of any violation of this Section. Any representatives authorized by Chevron may audit any and all records of Marathon for the sole purpose of determining whether there has been compliance with this Section 18. Marathon shall maintain true and correct records in connection with all matters relating to this Agreement and retain such records for at least twenty-four months after termination of this Agreement. 19. PUBLIC ANNOUNCEMENTS. Marathon shall not issue any public announcement or statement concerning the Upgrade or this Agreement without obtaining Chevron's prior written consent. 20. THIRD PARTY RIGHTS. No Person who is not a party to this Agreement has any rights under this Agreement or may enforce any provision in this Agreement. 21. GOVERNING LAW. This Agreement is governed by and interpreted under the laws of the State of Texas, without regard to its choice of law rules. The Parties agree that forum and venue will be exclusively in a court of competent jurisdiction in Houston, Harris County, Texas. 22. GENERAL PROVISIONS 22. l Entire Agreement. This Agreement comprises the complete and exclusive agreement between the Parties regarding the Upgrade, and supersedes all oral and written communications, negotiations, representations or agreements in relation to that subject matter made or entered into before the Effective Date. 22.2 Amendment. No amendment to this Agreement is effective unless made in writing and signed by authorized representatives of both Parties. 22.3 Severability. Each provision of this Agreement is severable. If any" provis10n is detennined to be invalid, unenforceable or illegal under any existing or future law by a court, arbitrator of competent jurisdiction or by operation of any applicable law, this QLS No. 699369 Ga~den Gulch Road Upgrade Agreement between Chevron and Marathon, dated November I, 2008 Execution Version t4 invalidity, unenforceability or illegality will not impair the operation of or affect those portions of this Agreement that are valid, enforceable and legal. 22.4 Waiver. No waiver by either Party of this Agreement's terms, provisions or conditions shall be effective unless specifically evidenced in writing and signed by or on behalf of the Party granting such waiver. A Party's failure to pursue remedies for breach of this Agreement does not constitute a waiver by such Party of any breach of this Agreement or raise any defense against Claims against a Party for breach of this Agreement. The waiver or failure to require the performance of any covenant or obligation contained in this Agreement or to pursue remedies for breach of this Agreement does not waive a later breach of that covenant or obligation. 22.5 Survival. Despite termination of this Agreement for any reason, all provisions in this Agreement containing representations, warranties, releases, defense obligations and indemnities, and all provisions relating to aud\t, confidentiality, conflicts of interest, insurance, disclaimer of certain remedies, limitations of liability, ownership or use or return of Confidential Information, dispute resolution and governing law, and all causes of action which arose prior to completion or termination, survive indefinitely until, by their respective terms, they are no longer operative or are otherwise limited by an applicable statute of limitations. Each of the obligations and undertakings set out in this Agreement which is not fully performed at termination shall continue in force after tennination. 22.6 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original of this Agreement, and which together will constitute one and the same instrument; provided that neither Party will be bound to this Agreement unless and until both Parties have executed a counterpart. 22. 7 Drafting. Preparation of this Agreement has been a joint effort of the Parties and the resulting Agreement must not be construed more severely against one of the Parties than against the other. 22.8 Assignment. This Agreement will be binding upon and inure to the benefit of the Parties and their respective Affiliates, heirs, legal representatives, successors and assigns. Marathon may not assign its rights under this Agreement without Chevron's prior written consent. Such consent may be withheld by Chevron for any reason or no reason. 22.9 Authorized Representatives. Each Party represents and warrants that the Agreement has been duly executed and delivered by its authorized officer or other representative and constitutes its legal, valid and binding obligation enforceable in accordance with its tenns, and no consent or approval of any other person is required in connection with its execution, delivery and performance of this Agreement. The remainder of this page left intentionally blank. QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November I, 2008 Execution Version 15 IMPORTANT NOTICE: THIS AGREEMENT CONTAINS PROVISIONS REGARDING INDEMNITIES AND WARRANTIES THAT EXPRESS THE AGREEMENT OF THE PARTIES CONCERNING CLAIMS ARISING OUT OF THIS AGREEMENT. The Parties have executed this Agreement in duplicate as evidenced by the following signatures of authorized representatives of the Parties: CHEVRON U.S.A. INC. Signature: Title: Attorney-in-Fact ADDRESS FOR NOTICES: 11111 S. Wilcrest Houston, Texas 77099 Attention: Land Manager Facsimile: ' Ranch Manager Craig Tysse, Ranch Manager - (970) 285-9722 QLS No. 699369 MARATHON OIL COMPANY Signature: ~Lf/(J//~ ADDRESS FOR NOTICES: 5555 San Felipe Road Houston, TX 77056 Attention: Land Manager, Piceance Basin Facsimile: Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November I, 2008 Execution Version J6• EXHIBIT A -GGR LETTER AGREEMENT, DATED JANUARY 17, 2005 SEE A TT ACHED. QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November l, 2008 Execution Version 17 Clicvn•Tmco S1iaJt OI c.a,..,. Nwdi Amula Upitrtsa 111 t 1 S. Wilcresl. Houuon,. TX 77099 r .O. Bos 36366. HCKlllOn, TX 7!216 Jamwy 17, 200S Petroleum Development Corporation Attention: Dewey Gerdom 3801 Canon Avenue EVU11, CO 80620 CT80C to PDC Leua Comeat to Assign and A.mead meat of Leaset Gardea Galcb. Road Acreemeat Garfield County, Colorado Dear Dewey, ChevronTexaco Per )'OUr letter dated Nov.mber 15, 2004, delivered at our mocting with Orval Baldwin and Eric Steams in Orval'• office oa November 17, 2004, Petroleum Development Corporation (PDC) has n:qU<Stcd ChcvronTenco Shale Oil Company, a division ofChevroo U.S.A. Inc. (CTSOCJ, which is successor ia interest to Chevron Shale Oil Company. consent to PDC's assignment to Piccanca Gu Rosoutccs. !LC (POR) of an approximate 50% interest in CTSOC's leascs to PDC In Garfield County, Colondo (defined on Exhibit "A") as same cover the mesa top. PDC has further requcst<d that Article 16. of each of the Exhibit• A" leases be amended to extend the well and facilitica relocation date (relocation date) past the current date of January 1, 2018. The relocation date is the date at which the responsibility for paying the costs associated with moving existing wells and facilities so that crsoc may pum10 shale operations shifts from CfSOCtoPDC. . CTSOC is willing to con.tent to the requested a.ssigmnent of interest to PGR(attached bcrcto as Exhibit .. B") and to amending Article 16. of each oftbo Exhibit "A" leases u provided in Parasni>h 4 below f<X" each and every well spudded under said leases after the date of the amendment (attached hereto as Exhibit "'Cj. if PDC agrees to the foUowiog: I. PDC shaJ! execute the Consent to Assign letter agrccmeot (attached h«cto as Exh.iOit .. Di and shall also obtajq PGR's execution of said Exhibit'"D". Both executed copies of said· F.xhibit shall then be returned to CTSOC; ouly upon CTSOC's receipt of such copies of Exhibit .. tr executed by PDC and PGR shall CTSOC•1 consent to the assignment referenced hcrciu become effective. 2. PDC shall proceed with the constrw:tion of the Garden Gukh Road (GGR) per the terms of this Item number 2. i I I I I I January 17,2005 Page2 .. _ .. ChevronTexaco L The,_ or said GGR shall be the highlighted route on the attached map (attached th.mo as Exhibit "E"). said map being dated May 12, 2003 and having been drawn by Construction Surveys, Inc:., or an alternative route. Prior to commencelDCOt of coustnu:tioo, PDC and Cl'SOC shall attempt to roach agreement oo the final route for the GGR; iCPDC and CTSOC do oot agree on a final route forlhe OGR byMon:h I, 2005,Cl'SOC alone shall choose the route. PDC sball aot u project 111U1ager fbr the OOR building project. b. On or before Mareh I, 2005 PDC will submit to CTSOC a good faith estimate of the coat of coostructioo of the GGR. Said estimate shall be from 111 independent third party who is in the coostruction business with experic:ru:e in making such road estimates. If laid estimate c.....i. Four Million Five Hundred Thouaand Dollm ($4,S00,000), PDC shall ha..., the choice of proceeding with the OOR consuuotioo, bearing the additional cost above $4,500,000 itself, or It may decline to proceed with the OOR ccmlnlotion by paying CTSOC Ono Million Dollon (Sl,000,000). Tbi.t payment to crsoc mm! be made no laterlhan March I, 2005. Iftbl.!paymcnt ii l!llde to CTSOC no later than March I, 2005, PDC shall be under no funher obligation to CTSOC under thU agreement. If bow<ver, PDC elects to proceed forwanl, then PDC shall continue forward mdcr the terms of 2c. below. c. POC shall detcnnlnc iC the GGR construction requires any pc:nnit or approval from any agency, organization, group, govcromcntal committee or other entity having jurisdiction over such construction. If any permit or approval is rcqumd, PDC may delay the start of conslructi.on until same ia acquired. However, if said permiu or approvals ue net acquiied by PDC and construction on the OOR started by May JI, 200S, PDC shall deposit into an escrow account the sum of One Million Dollars (Sl,000,000) punuant to the terms oCao C>CrOW agr<emcnt agreeable to both par1iea. Atli:r maldoj said deposit PDC may cease to proceed ·with the permittingand <OOS!ruction of the OORorit may proceed with same. If it docs proceed with same and completes the permitting and commences coostruction oflhc GGR by December 31, 2005, PDC shall be cotided to a refund of the esc:row aocount. otherwise the escrow accotmt fUnds wil1 be disbursed to Chevron. d. crsoc shall contn'bufc jb surface fee for right-of-way foc the road and $300,000 to the to Ill actu.i cost for building the GGR. PDC shall fimd the remainder of the cost itself or by seeking additional compmjcs or persons u conoibuton, approval of which must be requested by PDC and obtained from CTSOC prior to their being aUowcd. to contn'butc toward the cost of the road. crsoc may withhold approval of any such prospective contributor for any reason or no reason. PDC agrees ro include any party as a contributor f.o the GGR that CTSOC wishes to hs"" Included. said puty(s) bearing their proportionate shan: of the cosl! to build and maintain the GGR based on their January 17, 200S Pagel ChevronTexaco. anticipai.d usage of the GGR aod on terms similar to other third parties who have be<n allowed to join in the building of the GGR. if any h.ove been ao allowed. lftbe total cost to build the GGR el<CCC<h $4,000,000, dicn CTSOC shall inacasc its monetary coolnllutioo for same by SSO,Ooo for caoh $100,000 of increased construction costs up to a maximum total monetary contribution by CTSOC ofSS00,000. · e. If after starting construction of the GGR, PDC or PDC and its c:ontn"'butors, hu spc:DI $4,S00,000 without completing the GGR, tt may choose to stop construction and abandoo the project without further penalty, except that it will not leave any dangerous oc hazardous condition acatcd by the GGR coostructioa,, but will at ita ovm coat make sUre the entire constnrction area ia aafb befoni •blndoning the project. f. The OOR shall be owned by CTSOC, and CTSOC shall gnnt PDC a license to use same. PDC will be RSpODSible, at its sole cost and expense. for maintenance of the OOR, and sball perform saine on m anoual basis in order to retain its liccnae lo use tbe GGR. PDC a hall not be able to transfer its license to use the GGR nor its duty to maintain the GGR without CTSOC's prior written consent. which consent may be withheld by crsoc for any= or no reason. Any other party which has conlnbutcd to the building of !ha GGR pursuant to the terms of this agrccmcnt shall be granted a license to use said road for as Jong u rhcy pay t proporti()Oate share of the continuing annual maintenance cost!, said share to be determined by a written agreement to join in the building of the GGR exccutcd by said contributor, by CfSOC and by PDC. g. crsocshall not be obligated to pay any maintcnmcccosU ontbeGGRunless and until it begins using said road to actually mine its minerals or drill its own oil and/or gas wells or begins using same to otherwiec actively extract its mincrab. At that time. CTSOC shall pay its proportionate share of the maintenaocc costa for the GGR based on its percentage use of said road versus the other users thcrcot h. .. NQ party may assign any portion of its licen.se to use the GGR without the prior written con.sent of CI'SOC, which consent may be withheld for my reason or no =son. CTSOC hereby qrccs that PGR may use the GGR under PDC's license; PGR's right to use tho GOR under PDC's license shall not bo transferable without crsoc•s priO< written conscn~ which con.sent may be withheld by CfSOC foranyreasonorooreason. Upgrades of the GGRsball be agreed to by CTSOC and PDC. No third party shall be allowed to use the GGR without paying a fee to be dcrcnnined by POC IDd crsoc (if PDC and CTSOC are unable to 1gree as to a fcc,crsOC shall set the fee). AJI fees received from third parties. excluding mainlenancc fees and fees paid as original contributo~ under the terms of this Item nwnbcr 2 shall be divided evenly between PDC and ·---. i I I \ January 17, 200S Pagc4 ChevronTexaco CTSOC. Subj cot to the other provisiom of this I tan number 2, PDC must have all preliminary studies and any necessary agr<ements between additional contnbutors completed and stan actual construction on the GOR no later than May 31, 200S .and proceed diligently witb the worlc until completed. i. PDC may, at its sole disoretion, Conn 1 Limii.d Liability Company (LLC) for the purpose of construction of the OOR. collcctioa and disbuncmcnt of funds for the comttuction of the GGR and otha adminial'1ltion, supervision and accounting for lhc project as ncceuary. The putics hereto shall attempt in good faith to resolve any dispute arising out of or relating to this Letter Agreement prompdy by mediation under tbc Center for Public Rcaoun:cs Mediation Procedure then c:umntly in ell'oct before resorting to litigatioo. 3. Asticle 6 of each lcuo lisu:d oo Exluolt"A" shall be amcoded to include the fi>llowing laoguagc at the beginning of sai.d uticlc: '"LesscC agmis that on surface lands owned by Lessor it wt11 not commence any surface activities which are allowed under this agreement without first giving Lessor and leslOC'' 1 aurfacc lcasce thirty (30) daya prior wri-notice of said activities. Additionally, prio.-to commencing aay surface activity (other than surveying) on Lcssor•s surface lands, Lessee will enter into a written surface damage settlement agreement with Lessor's surfit.ce lessee covering the landa to be dlslurbed and will provide a copy of samo to Leasor. In the event that Lcssor'a surface Lessee roquircs a damage settlement that Lessor and PDC deem unreasonable,, then Lessor will waive the requirement for a written damage scttlemenL" 4. Articlo 16 of each lease listed on Exhibit .. A .. shall be amended to reptaCe tho last s:entence of said Article 16 with the following language: "Effocti~ Januaiy 1. 2018 if Lessor requires Lcsscc to changa,, ccaso or relocate any of Lcsscc's facilities. the costs of same and tho lost production therefrom shall bo bomo u follows: Year 2018: Lessor !7/17ths, Lcsscc Oll7th Year 2019: Lessor I 6/17ths, Lcsscc 1117tb Year 2020: Lessor IS/17ths, Lcsscc 2/17tbs Year 2021: Lessor 14/17ths, Lcsscc 3/17tba Year 2022: Lessor l3/17ths, Lcsscc 4/17tbs Year 2023: Lessa 12/17ths, Lcsscc S/17tbs Year 2024: Lessor I l/17tbs, Lcsscc 6117tba Year 202S: I.csscr IOll7ths, l.csscc 7/171hs Y car 2026: Lessa 9/171hs, I.cs= 8/l 71hs Year 2027: Leasar 8/17ths, Lcsacc 9/17tb1 Year 2021: Leasar7/17ths, Lessee IOl17tbs Year 2029: 1.csso< 6117ths, Lessee 11/171hs Year 2030: l.cssoc S/17ths. l.caacc 12117tbs Year 2031: Lcssoc 4/17ths, l.caacc 13/171hs Y= 2032: Leasor 3/17ths, Lcsacc 14/l 7tbs Year 2033: Lcssoc 2/17ths, Lessee IS/17ths Year2034: Leasar I/17th, Lessee l61171hs Y"" 203S: Lcssor0/17th,Lessee 171171hs ·-· '• January 17, zoos Pages · .. ChevronTexaco Effcotivo January I, 2035 and tb=afla-, l.esscc agiccs to change, ocuc or R:loc:atc !ts operations at its sole risk. and cost. in order to eliminate an interference and Lessor shall have no obliption to c:ompensate l.esscc for lost prodw:tion resulting from such elimination of m intcrfucncc." If PDC agrees with the abow, please so indicate by executing in the space prt1vided below and R:tuming • fully euoutcd copy of this lener to my att<nlion at the abov.,.ddres1. This agreement shall be effective u of the date PDC agrees to and accepts this agreement. If )'OU b&ve questions rcgudingthis agreemcn~ please din:ct them to Lee Parlett at 281-561-4725. Sincerely, CHEVRONTEXACO SHALB on. COMPANY, a division ofCbevron U.S.A. !no. S-1-- AGREED TO AND ACCEl'IED this~ day of J d.o...._t>..,,, 2005. PETROLm<DEVFW~?RATION By:~~ Eric R. Steams Executive VP Exploration and Development I I i I I j ! EXHIBIT"A" attached to and made a par1 of that certain Letter Agreement datod Janumy 17, 2005, by and between Petroleum Development Corporation and ChevronTexaco Shale OU Company CTSOC leases to POC In Garftek1 County, Colorado J..l.H2. ~ bu.1!!I Lessee !!1s2.!!:lla a 150498 07131/01 Chevron Shaie Oil Company Petroteum Development corporation Bk 1312, Pg 188 2 155583 08/28/01 Chevron U.S.A. inc., succussor In Petroleum Development Corpon1Uon Bk 1380, Pg 278 lnlerest to Chevron Shale OU Campany 3 155584 10/24/01 Chevron LI.SA Inc., succussor In Pelraleum Development CorparaUon Bk 1380, Pg 273 Interest to Chevron Sha.la Oil Company 4 155585 05112102 Chevron U.S.A. Jnc •• succussor In Petroleum Development CorporaUon Bk 1405, Pg 498 Interest to Chevron Shale Oil Company 5 158014 11/02102 Chevron U.S.A. Inc., succussor In Petroleum Development Corporation Bk 1447, Pg 588 interest to Chevron Shale OU Company 8 158348 09/20/01 Chevron U.S.A. Inc., succussor in Petroleum Development Corporation Bk 1447, Pg 583 Interest to Chevron Shale OD Company 7 158349 11115102 Chevron U.S.A. Inc., succussor In Petroleum Development CotporaUon Bk 1447, Pg 573 Interest to Chevron Shale OU Company 8 158350 11/15102 Chevron U.S.A. Inc., succussor In Petroleum Development CorporaUon Bk 1447, Pg 57U lntoresl lo Ch~vron Shale Oii Company • 158351 11/15102 Chevron U.S.A. Inc.. succussor ln Peuolewn Oevotopment Corporation Bk 1447, Pg 585 ( lnlelest to Chevron Shale OU Company Laibit•B" anach~ to and mad• a part of that certain Letter~ dated January 17, 2oos, by and between Petroleum Development Corporation and ChOYTOnTexaco Shale Oil Company bl>lhltC To Parcl!ue ed Sole ~men\ Dall!d Effotllve Nbvemli<r1<2o04·sy ud.Benv .. a PetroJeumD.~tlopiQmt·corpoj'atloa,. as Sellu1 aild Plceance.G•• R,qourua, U.C. •• l;QJJr ASSIGNMENT OF OIL ANlt GAS LEASES tms ASsI~ OF O.IL Aim q,u LEAS~ (the 0 Api_.ur'), daled off'eolivo NQ'Rlllhor I, 2004 11 1:QO a.m., MDum,in SU.dafd. T"mie (lho "Efl'e~vo Tlmo"),. ii 1iom ~-lcuoi lloYelopmem Cotj>ontion,, •. Novidl corporiliou, 103 But. M.t.i S- Bridgcpon, V(eK V1rJinio %6330 .r'Asds-"l to Pi-.q.. .IWmuces, I.LC, a Colorado limited Uabilitycomp1Dy, 13011" S1r<e1,·SVlte~IO,Denvcr, Col.orado l0202 ("Amgueo"). Far s100.oo. 111d other good ud -le. comi<lentiou, tho receipt and sW!ieieacy. of which· aRb=by a4noWI~ Anlguor hctoby soU., usigm, lramfin, -l;Vpim, ,..4 CO!lvo)'l to Msli!>ee 1)1 of Assiguor's rip!. ddo md ~in and to·lbo oil Uld ps J....,. dellaibed on l!xbibilA (the "Leuea") insor.r Uld ol)(y btso&r ·11· lh<t Leuos CIJVer ~ Imm clcscn"aOd on Exhibit A. (tho "!.mis"), located in Ou&ld CoWlt)', .Co!ondo. TO HAVE AND TO HOLD tho leases 11 to·• J..mds With all mdsinplm'tho.rigbl!o pUVllogos, md ~ thtmo liclonging o• In "')'Wis• l\!PQWning -Asst-its. suc:ceuon m1 usips, forever. nm A.uipiment j, made and accq>tcd cXprealy stibject to tbe followiag tettnl me!. eonditiqn1: I. Thi& A.uigumcm i1 .w.ject lo a Putohuo md Salo Ageem""1 dated Dec=bet ~ 2004, effective Novcmb~ I, 20()4, belwe;n ~ IDd A.uigacc (lh<t "Purolw< A&r<Qn<lll'.'),.includiug. c..uin drilling obli111iom which mlOO ~c """'6e4 ;.. Old<!' fo< .Aai-10 reum Ill.I or,podlinicofthoI.oisa·mid LaDd& :wipo<l hl!zcaoil,.., to1tthor-with rausignme:o.t obliptiom which arise. i1' dio ov~ .thaf:.tlutihillina oblipiou.s 1et fo1illi .. in tbtt. l'llrclW6Agrccmootaeaotlllilficd. AllmnifllllillllllSa(tlie.leuesbyAsii-to~snot shill bo rr., aod olear of all licm aod "'10U"'brmcu au! iay'burtlco$ oa ptoducdoallthcr thm !he losaot 1 ioyalty:provldcd fix ill t!te ~Cl aod 0¢.buP;lcD&l"' proiluc110!1 cxliti,og o~ncord . u ofthp l!ffectivo Time. ID lddidon. tho Purclwe Afp:cemcnt coot>im certain ...,.cot te> wi~ provlsiom, 2. THIS. A.SS!GNMENT: IS WJ:)B ~ITT WARRAmT OF A!'I'£ KrND EXl'RESS, IMPLIED OR STATIITORY; EXCEPT niA.T ASSIGNOR WARli:AJliTS· Jm.E TO THE UASESAS TO THE LANDS l'ROM AND AGAINST ALL PERSONS CLAIMING :SY, THROUGK AND UNDalASslGNOR. Bur NOT OTHERWISB. ·- 3. To tho -.immttec1 by i..., Assi~ilwl b<i oilbtl>ped t,o A!Jign<ii'I ~ In llldlot'OI""'~• '!!llil!ili!""aacl ~ _givmwithl"'!'""l.IO thc~ ~-­ lienby"""" 11111 1r...rm.1o Ani-111.~ ui4: ~.iJls.. to lllt.-·• IQDd'dlo imd. pcnnittld.11)' 1'.w,:tho 'be.ie&l ci!'llild:llW rigbl to mton:e· 11!* ~ ~-and ........tic., if !Ill)', w!U~ ~JllO< is O!ltitled IQ iul'oi<e with iupcol.IO.the l'..c-bui <lidJ io ~ -nat cnfoit:od ~r Ampor. . 4. luiijpxo -11114 tgrea lo piy, ~ !u!fill. Jlld ~-all olabm, COlll, ...,....., 1flDl!t!a and ob~ """""" or ~I IO tho qwnl'nr, ~& cxplodng. opentiDg« m.mt.;Qina or~~""' djo ~•<tho·~~ .-~ofi>il. ~ milolhor~-&omthe f.u4 ~'"'~-~the l!ll'cctive run.. includin& wlijiaul Umila1ion. ·t!M oblipliml "'pmJ and abllll!GiJ ill ~-aqil iecJai!D all well litco{...i..a.pmiouty~g...I ·to As!!_ in ici:oidmt•withS~ l.b of d!i> AICigomonl); ,;.i di ob~ adslnc uailcr qmmcn1a -..ma or nlallll11.to tho J.ciscs U lo tho z.udr, di Ull!Ot'lpuiiovWly Ml ~tlhiJ> tJie~ ApteJiJ<DI. lfihCP!is a.C:O. bciw= lho ...... oftllis.A.si......, ad 11!4 Pllldwe Asi~ "!he tenm of1ho l'lliiihiso Aei;eem<nt lh&ll coatrut md obi b< d-cdfo bavo m;,pdinco tho tenDI of ibis Aili~ . S. no ..r..,.... 11,rein to a,... eb<Umbiaaca, bmda>'.s,;dcCccta and Oilier.~ WU J10t be cleC111•d .. lo"1111fJ pc"cnatamy dgllls lil~p1fcs or mq: with,llfOififytir Jbnil tho d&l!a of ~ or ."-"P.'"o u hcmm. lbcmsel..,.., u llG! Cord.-ill thc 1\!id>uo A-orotho<documems.acc111afllu:om1.ttion Wmrith. 6. Unlerl·pmldeit ~ .n ~~ill JhO ~-licnto-an> to 1ho oflicbl ra1 ~-o!tbOOdddCoumy..toiondo; CIOilr.ilid~. 7. A,oolgoor ~ U9cu!e, ack....ledgo ad dell= "" cause lo. bo ~ acl:iiawlcdp uul d:ll.....i sucli ~-.ud Ulr.o l1lch odlor actiOu ,. o:oiy be rcosonobly ncc;eumy or advisabte.to-caDJ'Out lho pwpose1 and iatcui. t;tf thil i.s.i~c:nt.. L tbls.Assl-!'1111!iDds ud u.ur.. IO 1ho b<nc6t of~ ..,a~ md lh<ir ""l'eGtiYfl oucoeaon.llld usig111.. C.2 I I I I I EXECUTED OD tho ihle<!'DDlllwidin !ho .,Ja,owtedgm~ ~!lhl• inslnunent, ID be for Ill purpGIU ISOftho Eff<ctlve,'f{mo, STATE OP _____ _ COUNTY OF _____ _ ) ) ) ASSIGNOjl.: P~OLEVMDEVELOP~ CORPQRA.TIO!f Eiio a. Stemns,Exi:cuuve'f,._ j'resid.,.;, Explontion micl!Jcvclopm<nt · l'ICl!WICE c.All ~q~~U.c Tho ibnogo/ng ~ WIS 111Ta>owl<da"1 befOJe ·mo ·tlDa _ day or Dec .. nlu•··. 2004, by Eric R. ·s-u Exccudv. Vice PRSidenl. l!Xplor>lion md DoYalapm=t. or Petml°""' Dewlapimul Coqiontlmf. a Ncvado .oipcntioa. Wi.,,_ my b.md and of&j.al 1eaL My comniiuiooexpim: -------- .NotaY Public · C-3 STATBOFCOLORADO ) . >. CIIY AND COUNIY Ol'DENVE!l. ) 1bt mp:iin&: ""-,.,. acloiiowlcdpi belbre i;ne thh _ day of Doceuiber, 2004, bJ Grepy R. Vigil, aa M!D>S'f o!~ Ou ~ LLC, • ColoradO liini!Od' liabiliey c:«npmy. Wi!Desi my hand ml ofli<:lal seal·. Mycommlssi<Di apliei: ------~ C-4 EXHIBIT "C" attached to and made a part of that certain Letter Agreement dated January 17, 2005, by and between Petroleum Development Corporation and ChevronTexaco Shale Oil Company LEASE AMENDMENT STATE OF COLORADO COUNTY OP GARFIELD WHEREAS, CHEVRON U.S.A. INC., successor in interest to Chevron Shale Oil Company, hereinafter referred to aa "Lessor", whose address is 11111 S. Wilcrest, Houston, Texas n099, baa enten:d into the Oil and G11s Leases in Gariield County Cokmldo with Petroleum Development Corporation, whose addJcss ia I 03 Bast Main Slrecl. P.O. Box 26, Bridgeport, West VU'!linia 26330, hereinafter referred to as "Lessee", dcaoribed on the attached Exhibit" A,", WHEREAS, tho undersigned partica hereto desire that said leases described. on Exhibit "A" be amended in tho manner hereinafter set forth:· NOW, TIIEREFORB, in consideration of tho premises and of tho bonus and other rental payments hereto fore paid pursuant to said !oases and for the additional consideration of Tea Dollars and other good and valuable consideration, receipt of all of which is hereby acknowledged by Lessor, the partica hereby agree to supplement and amend said lease by amending tho lc:ascs on Exhibit "A" as follows, to-wit The following language shall be added to the beginning of Article 6. in each lease on Exhibit "A": "Lessee agrees that on surface lands owned by Lessor it will not commence any surface activities which arc allowed under dUs agreement without fll'1t giving Lessor and Lessor's surface lessee thirty (30) days prior written notice of said activities. Additionally, prior to commencing any surface activity (other than surveying) on Lessor's surface lands, Lessee will enter into a written surface damage settlement agreement with Lessor's surface lessee covering tho 1811ds to ho disturbed and will provide a copy of &a.me to Lessor." In all other respects, said leases are unchanged and remain in full force and effect. IN WITNESS WHEREOF, tho undersigned parties have executed this Amendment on the date indicated below. LESSOR; CHEVRON U.S.A. 11\C. By------,---~ O.F. Baldwin II Attorney-in-Fact Dato _________ _ l:.ESSEE: PETROLEUM DEVELOPMENT CORPORATION By ____ ,------~ Eric R. Stearns Executive VP Exploration and Development Date ---------- 5I'ATBOFTEXAS ). ) '· COUNTY OF HARlUS ) The foregoing instrument was acknowledged before me this_ day of ____ _, 2005 by O.F. Baldwin II as Attorney-in-Fact for Chevron US.A. Inc. My Commission Ex;>ires: ------ Notary Public ____________ _ STATE OP _____ _ COUNTY OP~~~~- ) ) ) The foregoing instrument was acknowledged before me this_ day of ____ _, 2005 by Eric R. Steams as Executive VP Exploration and Production of Petroleum Development Corporation. My Commission Expires: ------ Notary Public------------- ·-... EXHIBT"A" Exlu'bit A for this lease amendment is the same spieadsheet that is used as Bxlu'bit A fur the letter agreement. Emlblt"D", attached to and made apart of that certain Letter Agreement datedJanwuy 17, 2005, by and between Petroleum Development Corporation and ChevronTexaco Shale Oil Company (Date) Petroleum Development Corpontioo Attention: Dewey Gcnlom 3801 Canon Avenue Evam, CO 80020 Comeat to Assign crsoc 1o PDC Lesses Garfield County, Colorado Gentlcmeu: Reference is made lo lhOso cortain Oil and Gas Leases d<scn1>cd on Exluoit "A" attached hereto, said leases being made a part hereof by reference for all pmposes and being hc:rcinaftco: refemd lo as "said Oil and Gas Leases." Rcfcreocc is further made to that certain letter dated November IS, 2004, from PDC. requesting ChevronTexaco Shale Oil Company's (CTSOC) consent lo an assignment from Petroleum Development Corporation (PDC) to Piceancc Gas Resources. LLC (PGR). whoso address is 730 17th Slrcet, Suite 410, Deaver, CO 80202, of approximately fifty p<r cent (50%) of PDC's interest in said Oil and Gas Leases. · CTSOC rcjcclS PDC's request for such couscnt as outlined in ilS November ls" letter, however, subject lo the following terms and conditions, CTSOC bcn:by conscnlS to the requested assignment: I. PDC and PGR shall be jointly and severally rcspo=ole lo CTSOC for all obligations W1dcr said Oil and Gas Leases as lo tho acreage assigned by PDC lo PGR. 2. The transfers of interest sl1aJI be made subject lo all the terms and conditions of said Oil and Gas Leases and this agrccmenl 3. No transfers of such interests transferred lo PGR shall be made by PGR lo third parties without prior written approval ofCTSOC. . , · . 4. cTsOC's consent shall not constitute: a. a novation. nor b. a waiver or tho rights and remodiea available to crsoc under applicable law, nor c. a waiver of any provision in said Oil and Gas Leases. 5. PGR shall furnish CTSOC a copy of any instrument of assignment made punruant hento with the reconling data shown thereon. CTSOC's consent shall not become effective until a copy of this letter is mumed to CTSOC signed by PDC, thus iOOicating PDC's scceptanco of lho above terms and conditions, and signed by PGR. thereby RlCOgnizing that any agreement be!Ween PDC and PGR shall bo subject to lhe above terms and conditions. Very truly, ChevronTexaco Shala Oil Company, a division of Chevron U.S.A. Inc. By: ___________ _ ACCEPTED AND AGREED this __ day of _____ ~ 2005. Petroleum Development Corporation By: ___________ _ \ Title: ___________ _ ACCEPTED AND AGREED this __ dayof _____ ~200S. Piceance Gas Resowces. LLC By: __________ _ Title: ------------ Eahiblt "E" Altached tG aocl .. ado apart oflhat COl1ain Letter Asrccment dated January 17, 2005, by and between Potroleum Dcveiopment Corporation and ChevronTexaco Shale Oil Company ··············~········ FROF'O~R05N C.U"CH ROAD • -YfCINITY MAP EXHIBIT B -MARA THON LETTER AGREEMENT, DATED JULY 19, 2006 SEE ATTACHED. QLS No. 699369 Garden Gulch Road Upgrade Agreement bet\veen_ Chevron and Marathon, dated November I, 2008 Execution Version 18 ·chevron ~ • Petroleum Development Corporation Attention: Eric R Stearns, Executive Vice President 3801 Carson Avenue Evans, CO 80620 CoDJent to Assign CSOC Leases PDC to Marathon Garfield County, Colorado Gentlemen: r.t 113;;.~7 Mlcl-Coiltlnent Bwl-Unit Chevron U.S.A. Inc . N\OC.... 11111 s. Wllcrest, Houston, TX 77099 P.O. Box 36366, Houston, TX 77236 Reference is made to those certain Oil and Gas Leases described on Exhibit "/ll' attached hereto, said leases being made a part hereof by reference for all purposes and being hereinafter referred to as "said Oil and Gas Leases." Reference is further made to that certain letter dated. June 21, 2006 from (Petroleum Development Corporation (PDC) requesting Chevron Shale Oil Company's (CSOC) consent to an l!SSignment from PDC to Marathon Oil Company (Marathon), whose address is 5555 San Felipe Street, Houston, Texas 77056, of all ofPDC's interest in said Oil and Gas Leases. CSOC rejects PDC's request fur such consent l!S outlined in PDC's June 21, 2006 letter. However, subject to both PDC and Marathon's acceptance and agreement to the terms and conditions which follow, CSOC hereby consents to the requested assignment of the leases and acreage as described on Exhibit "A" hereto: I. PDC and Marathon shall be jointly and severally responsible to CSOC for all obligations under said Oil and Gas Leases as to the acreage assigned by PDC to Marathon. 2. The transfers of interest shall be made subject to all the terms and conditions of said Oil and Gas Leases and this agreement. 3. Marathon may not transfer any interest in any of the Oil and Gas Leases to any third party without prior written approval of CSOC. Said consent by CSOC may be withheld for any reason or no reason. 4. CSOC's consent as set forth herein does not and shall not constitute: ·- July 19, 2004 Page2 a. A novation, or b. A waiver of the rights and remedies available to CSOC under applicable law, or c. A waiver of any provision in said Oil and Gas Leases. S. Marathon shall furnish CSOC a copy of any instrument of assignment niade pursuant hereto with all recording data shown thereon. · 6. On or before December 15, 2007, Marathon shall drill and test the Dakota fonnation in a well located on the Oil and Gas Leases (Dakota Test Well), or on other leases owned by PDC, with testing methods that have been reviewed and approved by CSOC. It; due to . unforeseen circumstances encountered during the drilling of the Dakota Test Well, the Dakota formation is not tested in the Dakota Test Well by December 15, 2007, then Marathon shall drill or deepen a second well on the Oil and Gas Leases (Second Dakota Test WeU), and shall test the Dakota formation with testing methods that have been reviewed and approved by CSOC. If the Dakota formation is tested in the Dakota Test Well, Marathon shall not be required to drill the Second Dakota Test Well. The test of the Dakota formation in the Second Dakota Test Well must be completed by February 15, 2008, unless otherwise agreed by CSOC. In the event the Dakota fonnation does not appear productive in either the Dakota Test Well or the Second Dakota Test Well, then Marathon shall perfonn a water injection test using methods approved by CSOC. The drilling, completing, and testing of the Dakota Test Well and Second Dakota Test Well shall be at Marathon's sole cost and expense. 7. If unforeseen circumstances encountered during drilling prevent a successful Dakota fonnation test by February IS, 2008, in either the Dakota Test Well or the Second Dakota Test Wei~ then Marathon shall not be required to drill or deepen any additional wells to the Dakota fonnation. 8. During the drilling of the Dakota Test Well on any portion of the Oil and Gas Leases, or other leases owned by PDC, and at Marathon's sole cost and expense, Marathon shall obtain two (2} sixty (60) foot core from the Mancos Shale for shale gas potential investigation, and shall deliver such cores to the core laboratory of CSOC' s choice for analysis, which shall be conducted at Marathon's sole cost and expense. Marathon shall obtain CSOC's approval of the precise section to core, and shall obtain and follow a core protocol and core analysis from CSOC, prior to spudding any well in which coring is required or anticipated. Marathon shall obtain both cores from one well. In the event that the Second Dakota Test Well is drilled, and two (2) sixty (60) foot core intervals are not recovered from the first Dakota Test Wei~ then Marathon shall obtain two (2) sixty (60) foot cores from the Second Dakota Test Well. The requirement to obtain two sixty foot cores shall encompass Marathons reasonable effort to acquire same and will not require the drilling of a Second Dakota Test Well, or substitute well for the purpose of satisfying this requirement. ... luly 19, 2004 Page 3 9. Within two (2) weeks of the completion of any well on the Oil and Gas Leases, Marathon or PDC shall deliver to CSOC electronic formats of all information relating to such operations including but not limited to daily drilling reports and logs, well tests, completion data, and pressure tests, cores and samples obtained in connection with such operations. 10. The parties shall execute such documents as are necessary to provide that Item 12 of the leases be modified to reflect that the maximum acreage that can be held by any producing well be limited to the quarter section within which the well is located, or 160 acres, whichever is greater. Further, a well shall be considered as "capable of producing oil or gas in paying quantities" as used in Item 12 of the base lease for each of the leases outlined on Exhibit A, if the well has been drilled, cased for production and fracture stimulated. Notwithstanding the foregoing, in the event that a Dakota Test Well is completed as a well capable of producing in paying quantities then the acreage held by such Dakota well shall encompass the greater of the spacing unit as per applicable state oil and gas regulations or 160 acres. 11. All surface use by Marathon or PDC on CSOC surface must be approved by CSOC, and Marathon and PDC must comply with any environmental conditions or constraints imposed by CSOC on CSOC surface .. 12. CSOC's consent shall not become effective until a copy of this letter is returned to CSOC signed by Marathon and PDC, thus indicating Marathon and PDC's acceptance of the above terms and conditions, and recognizing that the above terms and conditions constitute an agreement by and between CSOC, Marathon and PDC, and an agreement that Marathon and PDC's leasehold interest is subject to the above terms and conditions. 13. The Parties agree that PDC may assume certain obligations with regard to satisfaction of the terms of the consent as outlined above, as may be agreed upon by PDC and Marathon. Any re-assignment of well bore rights and interests in said Oil and Gas Leases from MOC to PDC upon PDC's drilling of any well on leases covered by this consent to assign shall not require any additional consent by CSOC. 14. The terms set forth in paragraph 2 of that certain Letter Agreement dated January 17, 2005 by and between Chevron and PDC (the "GGR Agreement"), including subparagraphs (a) through (i) of that paragraph 2, shall extend to Marathon, such that the agreement between Petroleum Development Corporation (PDC) and CSOC, as set forth in such paragraph 2, shall serve as an agreement between CSOC and Marathon. Marathon shall be considered a contributor to the GGR, as set forth in subparagraph 2(d) of the GGR Agreement, and shall bear its proportionate share of the costs to build and maintain the GGR, based on Marathon's anticipated usage of the GGR Marathon shall enjoy the same rights of usage of the GGR as granted to PDC under paragraph 4(t) of the GGR Agreement. ,, July 19, 2004 Page4 Very uuly yours, Chevroo Shale Oil Company, a divisioa of Chevron U.S.A. Inc. By: Its: ACCEPTED and AGREED this~ day of __ :J'._u•~•----~ 2006. ::~~-- Its: EJC.ticunve /tc.e &es//-;,~~ ACCEPTED and AGREED this 2-CJ'fr.aay of J ti Ly Marathon Oil C001pany • 2006. • 2006. "'i~•H. -~V!'IOJ-!.J ;;;.:· ~ 1·~··1'/.' ... ·.~~ ,W~~~~~p·oc;~~ft! . . -.l!: •..EA1!Ef( \iid.;~;~L~~·~: 150498 !Chevron U.S.A. I Inc. 660800 155563 Chevron U.S.A. I Inc. 686700 155564 Chevron U.S.A. I Inc. 686800 158349 Chevron U.S.A. I Inc. 691300 Petroleum I Development Corporation Petroleum I Oevelopment Corporation Petroleum I Development Corporation 1380 I 278 1380 I 273 1447 I 573 609482 609481 EXHIBIT"A" '12NE/4 ada Lots 2 (33.79), 7 :(42.70), 10 (43.13) 812612001 I 6S I 97W I 22 INE/4 except wellbore of the CSOC '697-22 #1 10/24/2001 I 6S I 97W I 14 fSW/4 except wellbore of the CSOC 697-14 #11 100.00% 81.25% 100.00% 61.25% 623086 111/15/20021 6S I 96W I 5 IEatonBasicAgmtNo.9Fee,6S, I 100.00% I 81.25% A-1 96W 1G.J.N. #1 Sec. 5: Lots 14 (42.00) and 21 (30.98) G.J.N. #2 Sec. 5: Lots 19 (41.61) and 23 (30.67) 6S I 96W I 6 IR.L. Eaton Agmt. No. 3 Fee, 6S, 96W Placer Mining Claim Sec. 6: L 1 and 2Unocal Trade Fee, 6S, 96W Consolidated No. 5 Claim Sec. 6: S/2SW/4 Consolidated No. 6 Claim Sec. 6: N/2SW/4 Consolidated No. 7 Claim Sec. 6: Lots 15 (40.00) and 16 (43.91) Consolidated No. 8 Claim Sec. 6: Lots 9 (43.92) and 10 (40.00) Consolidated No. 9 Claim Sec. 6: Lots 7 (40.00) and 8 (43.93). 158350 I 691400 Chevron U.S.A. I Petroleum I 1447 Inc. Development Corporation 579 EXHIBIT "A" es I 96W 7S I 96W 623087 11/1512002 I 5S I 96W 5S I 96W 5S I 96W A-2 Eaton Basic Agml No. 1 O & 11 Fee, SS, 96W Midland #2 Sec. 18: Lots 1 (36.43), 2 (34.02) and W/2NEJ4 Midland #4 Sec. 18: SW/4 5 ID.O. Potter No. 12 Fee, 7S, 96W Grand View No. 4 Placer Mining Claim, Sec. 5: SW/4 Grand View No. 7 Placer Mining Claim, Sec. 5: Lots 3 (35.66), 4 (35.41) and S/2NW/4 ·Grand View No. 8 Placer Mining claim, Sec. 5: Lots 1 (32.62), 2 (35.84), 5 (36.34) and SW/4NEJ4 19 !Eaton Basic Agreement No. 1&2 Fee, I 100.00% I 81.25% 5S,96W French #12 Sec. 19: NE/4NE/4 Eaton Basic Agmt. No. 5&6 Fee, SS, 96W Franch No. 9&10 Sec. 19: Lots 3 (50.91) and 4 (50. 71) French No.11Sec.19: Sl2NE/4 20 !Eaton Basic Agreement No. 1&2 Fee, SS, 96W Federal #26 Sec. 20: NE/4 Eaton Basic Agml No. 5&6 Fee, 55, 96W French No. 26&27 Sec. 20: SW/4 29 IR.L. Eaton Agmt. No. 1 Fee, SS, 96W Federal No. 29 Placer Mining Claim Sec. 29: S/2NE/4 'Eaton Basic Agreement No. 1&2 Fee, SS, 96W N/2 of Federal #29 Sec. 29: N/2NE/4 Eaton Basic Agml No. 5&6 Fee, SS, 96W French No. 28&29 Sec. 29: SW/4 EXHIBIT"A" Eaton Baslc: Agml No. 5&6 Fee, 5S, 96W French No: 5&6 Sec. 30: Lots 3 (50.20) and 4 (50.02) French No. 7&8 Sec. 30: NE/4 5S I 96W I 31 !Eaton Basic Agmt. No. 5&6 Fee, SS, 96W French No. 1&2 Sec. 31: Lots 3 (50.23) and 4 (50.34) Franch No. 3&4 Sec. 31: NE/4 5S I 96W I 32 !Eaton Basic Agml No. 5&6 Fee, 5S, 96W French No. 30&31 Sec. 32: NE/4 R.L Eaton Agml No. 1 Fee, 5S, 96W 'he Virginia No. 1 Placer Mining Claim Sec. 32: S/2SW/4 'he Virginia No. 2 Placer Mining Claim Sec. 32: N/2SW/4 5S I 96W I 33 !R.L Eaton Agml No. 1 Fee, 5S, 96W The Virginia No. 3 Placer Mining Claim Sec. 33: S/2SW/4 IThe Virginia No. 4 Placer Mining Claim Sec. 33: N/2SW/4 The Virginia No. 5 Placer Mining Claim Sec. 33: S/2NE/4 5S I 96W I 34 lunoca1 Trade Fee, SS, 96W Consolidated No. 12 Placer Mining Claim Sec. 34: S/2SE/4 Consolidated No. 13 Placer Mining Claim Sec. 34: N/2SE/4 5S I 96W I 35 lunocal Trade Fee, SS, 96W Bitumintte No. 15 Placer Mining Claim Sec. 35: NE/4SE/4 Part of Bituminite No. 16 Placer Mining Claim Sec. 35: NW/4SE/4 C.H. Dragert Fee, SS, 96W J.B. No. 4 Placer Claim Sec. 35: S/2SE/4 A-3 EXHIBIT "A" Petroleum 11447 I 585 I e23088 111115120021 es I 97W [ 1 [Eaton Basic Agmt No. 7 Fee, es, I 100.00% Development 97W Corporation Gem No. 2 Placer Claim Sec. 1: SW 14 Gem No. 8 Placer Claim Sec. 1: Lots 11 (40;00), 12 (40.00), 13 (40.00), 14 (40.00) Gem No. 9 Placer Claim Sec. 1: Lots i23 (40.00) and 24 (40.00) eSl97WI 2 !Eaton Basic Agmt. No. 7 Fee, es, 97W Gem No. 4 Placer Claim Sec. 2: SW /4 Gem No. e Placer Claim Sec. 2: Lots 11 (40.00), 12 (40.00), 13 '(40.00), 14 (40.00) es I 97W I 11 IGem No. 10 Placer Claim Sec. 2: Lots 23 (40.00) and 24 (40.00) Eaton Basic Agml No. 8 Fee, 6S, 97W Pratt No. 12 Placer Mining Claim Sec. 11: NE/4 Eaton Basic Agmt. No. 8 Fee, 6S, 97W Pratt No. 8 Claim Sec. 11: SW/4 es I 97W / 12 /Eaton Basic Agmt No. 9 Fee, 6S, 97W Community #2 Sec. 12: W/2NE/4 Eaton Basic Agmt No. 7 Fee, 6S, 97W Community No. 1 Placer Claim Sec. 12: E/2NE/4 6S I 97W I 13 !Eaton Basic Agmt. No. 10&11 Fee, 6S, 97W es I 97W I 21 Midland #8 Sec. 13: SW/4 !C.H. Darrow Fee, 6S, 97W Eureka Placer Mining Claim No. 21-3 Sec. 21: SW/4 Oklahoma Placer Mining Claim No. 6 Sec. 21: NE/4 GS I 97W I 22 !C.H. Darrow Fee, es, 97W Eureka Placer Mining Claim No. 22-3 Sec. 22: SW/4 A-4 EXHIBIT"A" A-5 6S I 97W I 28 \C.H. Darrow Fee, 6S, 97W Naomi Placer Mining Claim No. 3 Sec. 28: NE/4 0.0. Poller #7 Fee, 6S, 97W Denver No •. 112 Placer Mining Claim Sec. 28: SW/4 BS I 97W I 33 \D.D. Potter #11 Fee, 6S, 97W Sec. 33: Lots 1 {54.94) and 2 (54.92 EXHIBIT C -DECRIPTION AND PLAT OF INSTALLATION AREA, INCLUDING UPGRADE, CONSTRUCTION AREA, AND STAGING AREA SEE A TT ACHED. QLS No. 699369 Garden Gulch Road Upgrade Agreement between Chevron and Marathon, dated November 1, 2008 Execution Version 19 ---z---= GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and --~M~a=ra=th=o=n~O=il~C=o=m,..p=a=n~y _________ _ (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for Parachute Creek Bridge ___________________ (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 pennit 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 pennit, zoning amendment, or subdivision plan. APPLICANT Signature Date:_~/.~'?_--'/-'"/_' -_c)_gl"'------ Robert V. Coleman Print Name Mailing Address: Marathon Oil Co. 743 Horizon Court, Suite 220 Grand Junction, CO 81506 10/2004 Page 4 John Niewoehner From: Rob Zuber [rzuber@buysandassociates.com] Sent: Thursday, February 19, 2009 8: 11 AM To: John Niewoehner Subject: RE: draft Floodplain Permit Ok. Thanks. Rob Zuber, PE, CFM Senior Environmental Scientist Buys & Associates, Inc. 300 E. Mineral Ave., Suite 1 O Littleton, CO 80122 Phone: 303-781-8211 Cell: 303-648-1116 Fax: 303-781-1167 From: John Niewoehner [mailto:jniewoehner@garfield-county.com] Sent: Thursday, February 19, 2009 8:07 AM To: Rob Zuber Subject: RE: draft Floodplain Permit Rob - - I'm out this morning but I'll get back to you this afternoon. John From: Rob Zuber [mailto:rzuber@buysandassociates.com] Sent: Wednesday, February 18, 2009 5:13 PM To: John Niewoehner Subject: RE: draft Floodplain Permit John- A couple small things I noticed: • My name is misspelled in cc ortover letter. • The name of the file for Exhibit A is" ... Attach A." Not a big deal but a little confusing. Page 1 of2 A bigger question is the fencing requirement (Item 11 in Exhibit A). How big does it need to be? On the west side of Parachute Creek, Marathon will build an abutment outside of the floodway, but the bridge deck will be constructed several feet over the creek bed within the floodway. If the fence is too tall, it could hinder construction. On the east side, the floodway boundary is on a nearly vertical bank; it will be difficult to place a fence on this bank. Regards, Rob Rob Zuber, PE, CFM Senior Environmental Scientist Buys & Associates, Inc. 2/19/2009 PARACHUTE CREEK FLOODPLAIN STUDY FOR GARDEN GULCH BRIDGE REPLACEMENT PREPARED FOR: Marathon Oil Company 7 43 Horizon Ct., Suite 220 Grand Junction, CO 81506 Contact: Adell K. Heneghan, PE PREPARED BY: Buys & Associates 838 Grand Ave, Suite 100 Grand Junction, CO 81501 Contact: Rob Zuber, PE, CFM DECEMBER 2008 B&A Buys & Associates, Inc. Environmental Consultants This Parachute Creek Floodplain Study for the Garden Gulch Bridge replacement was prepared by me (or under my direct s upervision) in accordance with the provisions of the Colorado Water Conservation Board Storm Drainage Design Criteria, and was prepared in accordance with good engineering practice. I understand that Garfield County and the Colorado Water Conservation Board do not and will not assume liability for the drainage facilities designed by others. Ken Toland, PE Registered Professional Engineer State of Colorado No. 33801 TABLE OF CONTENTS I INTRODUCTION II HYDROLOGIC AND HYDRAULIC ANALYSIS III CONCLUSIONS IV REFERENCES APPENDICES A GENERAL LOCATION MAP BASIN DELINEATION EXHIBIT REGIONAL REGRESSION TABLES AND FIGURES B EXISTING BRIDGE SECTIONS SITE PHOTOGRAPHS PROPOSED BRIDGE CONSTRUCTION PLANS C HEC-RAS MODEL WSEL SUMMARY HEC-RAS WSEL PROFILE MODEL FOR EXISTING CONDITIONS HEC-RAS WSEL PROFILE MODEL FOR PROPOSED CONDITIONS HEC-RAS WSEL PROFILE MODEL FOR PROPOSED +EXISTING CONDITIONS HEC-RAS WSEL PROFILE MODEL FOR FLOOD WAY I. INTRODUCTION A. Background 1. This floodplain study was prepared to identify the impact to the 100-year floodplain in Parachute Creek associated with the construction of a new two-lane bridge and the removal of the existing single-lane bridge for Garden Gulch Road. Another objective of the study is to delineate floodway limits in the area of the proposed bridge. B. Project Location 1. The proposed project is located at the crossing of Garden Gulch Road and Parachute Creek in T6S, R96W, Section 8, Garfield County, Colorado. Please refer to the General Location Map in Appendix A of this report. C. Project Description 1. Project will consist of the construction of a new private two-lane bridge to replace the existing one-lane bridge for Garden Gulch Road over Parachute Creek. The proposed bridge will provide access to natural gas well pads in the Piceance Area, and will be constructed approximately 100 feet south of the existing one-lane bridge. The existing bridge will be removed after the new bridge is constructed. 2. Project area consists of a natural stream channel with steep banks and over banks covered with moderate vegetation. Overbank vegetation includes a combination of sedges, rushes, grasses, shrubs and trees. The vegetation is shown in photographs in the attached appendices. The tributary basin consists of approximately 159 square miles. D. Previous Investigations 1. Preparer was unable to find any previous drainage studies or floodplain studies. II. HYDROLOGIC AND HYDRAULIC ANALYSIS The hydrologic analysis was performed for the 100-year storm frequency using three different scenarios: • "Existing" -the existing bridge in place • "Proposed + Existing" -both the existing and proposed bridges in place • "Proposed" -the proposed bridge in place (post demolition). A. Hydrologic Analysis The Colorado Water Conversation Board (CWCB) Regional Regression Analysis Method was selected to compute the 1 OD-year peak flow rate. This flow rate was input to the hydraulic model for the delineation of the 100-year floodplain boundaries. Because this section of Parachute Creek is unregulated and the project's tributary basin has no significant urban development, no previous floodplain study has been completed. This method was also recommended by Kevin Houck with the CWCB during an 11/24/08 phone conversation. Regional regression flood hydrology in Colorado is based upon the delineation of seven major hydrologic regions as shown on Figure CH9-F301 in Appendix A. The hydrologic regions presented in this figure are based on the basin boundaries documented in the U.S. Geological Survey (USGS), Water-Resources Investigations Report 99-4190. In this report, the western half of the state is divided into four major regions: Mountain, Rio Grande, Southwest, and Northwest. The project tributary basin is approximately 159 square miles and lies completely within the Northwest region. The basin delineation is illustrated in appendix A. A peak 100- year flow of 2,475 cfs was calculated using a basin area of 159 acres and the Northwest Region equation. Regression equations for the four western regions are shown on Table CH9-T301 in Appendix A. (The table suggests that the area value in the equation should be in acres, however this is incorrect.. The value should be in square miles per correspondence with Kevin Houck of the CWCB.) B. Hydraulic Analysis 1. Existing stream channel topography and existing bridge sections were taken from survey data provided by William H. Smith and Associates P.C. Surveying Consultants of Green River, Wyoming. The source of the proposed bridge information is construction drawings, completed in September 2007 by PND Engineers of Seattle, Washington. Sections and design drawings are included in Appendix B. Site photos have also been included in this appendix. 2. HEC-RAS software, developed by the Army Corps of Engineers, was used to develop water surface profiles and the resultant floodplain elevations for the three scenarios. Cross-sectional data was determined at key locations and integrated into the HEC-RAS models. Flood elevations for all three scenarios were plotted at each section and then connected to create the floodplain limits for each scenario. 3. Floodway limits were determined in the area of the proposed bridge using the HEC-RAS software. The floodway is that portion of the floodplain where the water depths and velocities are the greatest, and is the area most effective in carrying flow. Floodway limits have been determined by inserting encroachment stations into the hydraulic model to reduce the conveyance of the floodway and calculating the resulting increase in flood stage. The floodway has been calculated by creating a cumulative reduction in conveyance that will result in an increase in the Base Flood Elevation (BFE) of 1.0 foot. This is accomplished by decreasing the cross- sectional flow area in each section by placing identical blockages on both sides of stream and iteratively increasing the blockage encroachment, cumulatively reducing conveyance until the desired 1.0 foot increase in elevation is achieved. Appendix C includes a summary of water surface elevations as well as model profiles for the three floodplain scenarios and for the floodway. C. Results Model results are illustrated on the exhibits below, and the following discussion summarizes these results. 1. Existing -In the existing scenario, the 100-year floodplain remains predominantly within the confines of the existing stream channel with only minor overtopping of the existing bridge, as illustrated in the floodplain exhibit. 2. Proposed -The proposed bridge replacement will increase the elevation of the floodplain above existing conditions at the location of the new bridge and for a short distance directly upstream. When the existing bridge is removed, the floodplain elevations upstream will actually be lower due to the less restrictive proposed bridge. 3. Proposed + Existing -This scenario is very similar to the proposed scenario with the exception of an increase in flood elevations between the bridges due to the restrictions created by the existing bridge. Per the model, floodplain elevations at the existing bridge should not increase if the 100-year event occurs while both bridges are in place. Ill. CONCLUSIONS: 1. The proposed bridge creates only minor 100-year flood elevation changes in the direct vicinity of the proposed bridge. The proposed bridge is in a rural area and on an unregulated stream. All floodplain changes will be limited to onsite with no impact to any offsite properties. Construction of the proposed bridge should not affect the usability of the existing bridge. 2. Proposed bridge construction will not encroach on the calculated floodway and it will meet FEMA National Flood Insurance Program (NFIP) regulations prohibiting fill, encroachments, and new construction within the floodway. IV. REFERENCES: 1. Colorado Water Conservation Board, Floodplain and Stormwater Criteria Manual, January 2006. 2. U.S. Geological Survey (USGS), Water-Resources Investigations Report 99-4190, Analysis of the Magnitude and Frequency of Floods in Colorado, 2000. 3. HEC-RAS Version 3.1.2, U.S. Department of Defense, Army Corps of Engineers. EXHIBITS !T_ I .................. __ ....... .......... --- I I j I PARA CHUT F. CR ~F.K I' '/ / / GARDEN GU LCH BRIDGE REPLACEMENT FLOODPLAIN ~Xl l lDIT MARAroN'Oa. CoMPANY ' ' B&A Buys & Assoriates, Inc. '""l'I"°''- .. n v t r o 11 lTI P. n I. n 1 . n n s u I I. n ,, I.. f~,£,:tjF-_g I I I I I ._ I ~) § / I I I / -- PARACHUTE CREEK GARDC!N GU LCH BRJIXifl REPLA CEMl!NT FLOODWA Y EXHIBIT t.!ARA TOO Oil C~'PAHY ' 'i I I ----~ B&A Buys & AssorialC's, lnr . F: n v r u n 1T1 ~ n I. u 1 , n 1 s 1 . 1 l \ \ r..::=.::-o.-...=-:.:.r;::: o;ls.i1.1 ,.1 .~!2M987 .. ':::;':-...--- APPENDIX-A Custom Map Created at Natural Diversity Information Source legend L.:' Coumy Boundary C•tJK • C•tJeos _I'/ Streams 100K Highways " •ntent&W ;;ti US H•ghway # St.-Highway .tV Ma,lor Roads t=orest Roads # Paved # Gravet ; • a•acted ;• 4WD D CUy 8oundmieos lakeos f>erenn!at B 1nternt1uent 1:100K f>RG hneg~ December 15th, 2008 03:22 pm DISCLAIMER: This map is for display purposes only and is not in tended for any lega l representations . http ://nd is.nrel.colostate.edu/rnaps Approximate MapScale 1 :297 ,298 lllOIOldnl GlCY-lAI "OOlOllOAM OCMIOlO'J ~0£:HHO :IHOOl:I 1YnNWW YQliWH:> adlYMl'llilO!B ONY ICIYltl0001J oawoioo 1 ~. I . COLORADO FLOODPLAIN AND STORMWATER CRITERIA MANUAL REGIONAL REGRESSION EQUATIONS S ub-reglon 100 Year Recurrence Interval Lim llallons Sid . Error of Re Ion Name Re res slon E uatlon • Min . Area Max. Area Estimate Arkansas ARK· 1 Q = 1572.8(A )'8 4 25 1125 25% Arkansas ARK ·2 Q = 3959.2(A)'318 12 280 16% Ark ansas ARK·3 Q = 1089.3(A)'853 930 15% Arkan s as ARK· 4 Q = 1408.2(A)'154 28 25% Arkansas ARK· 5 Q = 1343.4(A)'678 4 75 30% Arkansas ARK· 6 See Text Section 3 .2 NIA N/A N/A Arkansas ARK · 7 Q = 46.0(A)·717 4 330 6% S. Platte SPL·1 Q = 707 .9(A )·854 2 1090 34% s . Platte SPL-2 Q = 1005.5(A)·838 170 18% S . Platte SPL ·3 Q = 762 .4(A)·848 175 23% S . Platte SPL-4 Q = 800.8(A )·4 71 445 48% S . Platte SPL-5 Q • 39.4(A)·778 2 480 29% Republican REP • 1 a= 289.1(A)·887 1300 36% Mountain Region a =39 .5(A)·70•cs+1 .0)1 ·5 77 5 .5 945 42% Rio Grande Region Q =1 .19(A)·848(P)1·074 10.5 595 50% Southwest Region Q =118.4(A)·715 8 .2 720 76% Northwest Re Ion a .. 104. 7 A ·824 5 988 75% •A = Area In Acres P =Mean Annual Precipita tion In Inches (Min ... 7, Max .= 49) S =Slope In Fool/Foot (Min.,. 0 .126 , Max .= 0 .554) See Figure CH9-F301 for Region Boundaries VERSION : 2004-1 REFERENCE: TABLE CH9-T301 REGIONAL REGRESSION EQUATIONS APPENDIX-B £AST JO. CY JS O' 2D. O' ZS. CY EXISTING GROUND WIWAM H. SMITH & ASSOCIATES P.C. SURVfYING CONSULTANTS •uw.--m -~ ---ft' ,,....__.,,_ JOB NO: 26099 IOATE": 12/otJ/2008 -. ,. -<fOO BRIDGE CROSS SECTION FOR MARATHON OIL COMPANY P.O. BOX 3128 HOUSTON, TX 77253 5555 SAN F£LJPE HOUSTON, TX 77056 S2. CY SS O' 60. O' 65. O' WEST EXIS TING GROUND LOCAT£D IH SECT/OH 8 TOWNSHIP 6 SOUTH, RANGE 97 wrsr. GARF1ELD COUNTY, COLORADO SH££T 1 OF 1 Parachute Creek Bridge Replacement Photographs by Rob Zuber, P.E., Buys & Associates , September 2008 3. Existing Bridge Site-Looking Downstream (fruck watering hoses in fore round) ---. ~ '~· Fi ~~-~~ t . . 0 ,, PARACHUTE CREEK BRIDGE """"'· ...... J '·~i'K -!-· .:=-=.~ .. ' ;;~z ,~4:;.;_ · :;;;.,;,.,~· ~ ~.· ·~···. .;'$·~~-··-.~r:~c. ?"--.__ ·~'::.~l.~ \ . ~· .-~ • ..,,t.1--'---~:~j~:~;; ·· ... ~ VICINITYMAP NOT TO SCllE SHEET INDEX No. TITLE SHEET AND SHEET INDEX 1 GEIERALNOTES Z EXISnfG IAYOUT 3 SITEPlAN 4 SITE PLAN AND ELEVATION 5 FOUNDATIONS • STEeL GIRDERS • PLAN AND ELEVATION 7 STEeL GIRDERS· TVPICALSECTlONS a CONCRETEDECKPANELS 9 RAILINGS 10 -- ""' ,·- ~ I I j ' / i \\ // " J ····;--.. _ ··-;::-~---, ------' ~-1 " . "' • :~' -., ,. ... ~ ·,, '"'/ ---:~-~:-:-..~ -l2!1, \ .1'i$~;~xrs·' \ t· > "Z'-" '' '\\W(:::J '., ::.::;11!,.' 7 -~fi ~,;;:; ... ~.-:<.··...::......:;-· ".' --,.~'r.< . ' ' t__ • ; j 1-..-. ..._ '1....-_ !" 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""' r-.n _,. iiDiift PARACHUTE CREEK BRIDGE RAIUNGS ~ ~ ...... ........ &Yiin -;;;;;;; 10 " 10 APPENDIX-C Hee Model WSEL Comparisons STA EXIST PROP & EXIST PROP · ·· · ~1~· 1::9a· s2 · ·.· · · 9a·5s· ··· · 9155 .:,~.:~\ .. ~ ~~-~.:..:,,,~.-~~>-;_,-·~-.-·:::::-_,_,_~~~~~~~~-~ ;~_§_!:L.'.~-·---"' _, 12 5598.46 5598.52 5597.45 ... · .1, .... 1i;:r1:g· •. ..,.,Tt:r"' • · · ·.·· · ·i::1::ts·a·:9:~ ·,i::,.,9-8w•o·· ---· -, ·. __ ,(._t ~-~S?,,..,.P,~p,,!! i-. · _ ·_.---'-::, >;:.~'l~,: -~-,~ ;~9,.,,~;='•~-~r~-~~ 10 5598.96 5599.02 5598.09 · ·. · :g '5'"96<"1~ ·· .. ·. · 559g::ao ss-g111 . f.;.~~ s~it!tf= . .,,,.·!>}~_ ... -.. ·-, · . ' •_,_.,..,_ __ ,.,_d--.. -.'t~---~-1 ~--·~~ -.. :,*--,~·" 8 5598.26 5598.30 5597.02 .·· '!'l :s.091.1.s .•. ·· ·ss97i23 ssse::91 ,_,.l\, ~-·---..--·-···---· ·-,.. ~--·~~· ---,., __ ,_ -~''--' .~,--------- 6 5594.11 5595.99 5595.99 . :~. ~s~~.ss .. ·. · · •. ·· S.sas:$:§ '.~~~P'\.~.e 4 5592. 75 5592. 77 5592. 77 ·,3' 559Z.f0. ·· . . 55.92.1.0 .5592.10 , __ .-.-- -"" ·--·-__ ,.-. ---. .. ----. ,'• __ ., -,.. - --," -·----··-···· -' ,_ 2 5591.88 5591.88 5591.88 'I 55$0.56 . . . . . . . 5591.'l.'~ 5590,56 cltv S' g c: 0 = ~ G> iii E-BRIDGE Plan : Imported Plan 03 12/11/2008 1 RIVER-1 Read>-1 I 5600-i 5598 5596 J 5594 J ' 5592- 5590 5588 5586 5584 0 200 400 600 Main Channel Distance (ft) 800 Legend EG PF1 WS PF1 Crit PF 1 Ground g c: 0 :c al > ~ w E-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 13 56021 ·08 .04 + .08 ~ 5600 5598 5596 5594 5588+,~---..~--.--~..--~..,..-~-,.-~-,-~-.,-~-.-~-,-~--,.~~~~~~-.-~-.-~~~~~-..,...~~~--.~-- o ~ ~ ~ ~ Station (ft) Legend EGPF1 WSPF1 Ground • Bank Sta E-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 12 I I I .08 --------~)t< .04 *1 .08 ~, I 5598 559& g ~ 5594 ! iii 5592 5590- [~ I eGPF0 WSPF1 Ground • Bank Sta 5588 ' . 0 10 20 30 40 50 60 70 Station (ft) 5610- 5605 ~ I g $001 8 ,.,. ~ CD iii ] J 5595, l 55901 I E-BRIDGE Plan : Imported Plan 03 12/11/2008 SECTION 11 r--~-.os .04 .os ~~~~~~~~~~~ 5585 . . . ~ l ~I WSPF1 Ground • Bank Sta o ~ ~ ro oo 100 1~ 1~ 1ro Station (ft) -5. c: 0 => ! iii E-BRIDGE Plan : Imported Plan 03 12/11/2008 SECTION 10 t< .08 I .04 .08 -------------- ' 5598 5596 - 5594 5592 I , i 5588 - I 5586 , ' f Legend I I EG PF 1 ; WSPF1 Ground • Bank Sta 0 ~ ~ 00 ~ 100 1~ 1~ 100 Station(ft) E-BRIDGE Plan: Imported Plan 03 12/11/2008 SECfl ON9 5604 ----.08 + .04 ~ .08------------~ 5598 i 55961 i 5594 J ., 5590 5588 5586 , ' Legend EGPF 1 t WSPF1 Ground • Bank Sta 0 ~ ~ 00 ~ 100 1~ 1~ 100 Station(ft) E-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 8 UPSTREAM OF EXIST. BRIDGE < 08 I 04 ,.!. 08 --------5600 _ ' I ' -I • I 5598 5596 g 5 'iii 5592 ~ iii 5590 5588 5586 5584 I 0 20 40 60 80 100 120 140 Station (ft) 160 r -i.:egei1d----. EGPF1 WSPF1 Crit PF 1 Ground I ~ ~ 180 g c 0 "" (lJ > .!!! w E-BRIDGE Plan: Imported Plan 03 12/11/2008 EXISTING BRIDGE I I '"' .08 .04 -~l f----------------.08 560(}-I 5598 5596 5594 5592 5590 .... I ! I 5588 5586 5584 ' . ~ 0 ~ ~ 00 00 100 1 ~ 1~ 100 100 Station (ft) Legend --EGPF1 WSPF1 -+-- Crit PF 1 --Ground --+-- lneff • Bank Sta g 8 ~ ~ G) iii E-BRIDGE Plan: Imported Plan 03 12/11/2008 EXISTING BRIDGE 5600! .08 + .04 --+ .08 , 55981 ~ 5596 5594 5592 5590 5588 5586 , ' ' o ~ ~ ro ~ 100 1~ 1~ 1ro Station (ft) 1~ Legend I I EGPF1 WSPF1 Crit PF 1 -Ground rneff • Bank Sta g ~ CD > GI w E-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 7 DOWNSTREAM OF EXIST. BRIDGE 560()- oE-.08 ><--.04 --+ .08 >! 5598 -1 55941 5592 5590 5588 5586 , ' legend EGPF1 WSPF1 Crit PF 1 --Ground lnetf • I Bank Sta , 0 ~ ~ ~ ~ 100 1~ 1~ 1~ 1~ Station (ft) E-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTIONS 56041 .oa ---1-_04 ' .oa ' 5602 5600 5598 g 5596 c: ,g ~ ~ iii 5594 J i -j I 5588~ J 0 50 100 150 Station (ft) 200 Legeftd I EGPF 1 WSPF 1 Crit PF 1 --Ground • Bank Sta ~ 5. 8 = ~ .9! w E-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTIONS 5610j" ·08 +-.04 .08 ------------~ 5605 5595- - I i I i 5590~ l . _j ' ' ' ' ' ' 0 50 100 150 200 250 Station (ft) Legend --- EGPF1 ---WSPF1 Crit PF 1 Ground • Bank Sta g c 0 ~ ~ w E-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION4 ~~~~~-os 1 5605-. .04 I .os ~~~~~~~~~~~~ 5600 J • 5595- I ] I 5585 1 I I t I 0 50 100 150 200 250 Station (ft) Legend ~, EGPF1 WSPF1 Crit PF 1 ----Ground lneff • Bank Sta E-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION3 56004k-.08 >IE .04 .08 55961 5594 - - i -j j w 1 .., 5588J 5586 5584 ~ ' ' . ~ I _W_S_PF_1_ I Crit PF 1 --Ground • Bank Sta '--·-----' 0 50 100 150 200 Station (ft) g c E-BRIDGE Plan : Imported Plan 03 12/11/2008 SECTION2 .08 ~~ I .04 Legend I .08 I 5596 1 EG PF 1 I I I WSPF1 5594 55921 1 g 55901 ! [j 5588 5586 5584+-~--.-~~~--.--..~.--.....-~-..~.--~-.-~~~~-.--..~~~~~~~~-.-~~~~~---..~~~~ 0 ~ ~ ~ 00 100 1~ 1~ Station (ft) g 8 "" ~ .!! w E-BRIDGE I 5598J .08 5596~ 5594~ 5592 Plan: Imported Plan 03 12/11/2008 SECTION1 .04 + .08 , !!'-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 5590 5588 5586 5584 5582- 5580-i-i -.------.---,.----.----,----.---.------.-----..-----.------.---..---..-..--.-----.- Legend EGPF 1 WSPF 1 I Crit PF 1 . Grou nd I ~r. .. I 0 50 100 150 200 250 Station (ft) g ~ ~ CD w ?-BRIDGE Plan : Imported Plan 03 1211112008 fl RIVER-1 Reach-1 )! 5605 I I I 0 200 400 600 800 Main Channel Oistance (ft) Legend EG PF1 WS PF1 Crit PF 1 Ground g 6 = ~ CD iii P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 13 --~~~~~~~.os .04 ---------- 5598- 55961 I ~ 5594 5592 5590 .08 ----~ 5588 +----~-~------~---------~-~------~---------~ 0 ~ ~ 00 00 Station (ft) Legend EGPF1 WSPF1 Ground • Bank Sta 560(} 5598 5596 g § ;; 5594 ~ Cl> iii 5592 5590 P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 12 .08 .04 I .08 5588 0 10 20 30 40 50 Station (ft) I 60 70 Legend EGPF 1 WSPF 1 ---Ground • Bank Sta € c: 0 = !l! cD w P-BRIDGE Plan : Imported Plan 03 12111/2008 SECTION 11 I .08 I .04 + .08 1 5610 5605 5600-j . 5595 J 1 5585 I ' I I I 0 ~ ~ 00 ~ 100 1 ~ 1~ 100 Station (ft) Legend EGPF1 WSPF1 ---Ground • Bank Sta P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 10 ----.08 )Ii<: .04 .08 ~ 5602 ~ 5598 5596 -1 i 559411 ~ .!! w 5592 I 5590 5588 5586 . • 0 ~ ~ 00 ~ 100 1~ 1~ 100 Station (ft) Legend EGPF1 WSPF1 Ground • Bank Sta g c 0 "'" ~ G> iii P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTIONS +----.08 >j.< .04 I .08 ---------- 5604 - 5602 - 5600~ 5598 5596 5594 5592 5500 5588 - ,-Legend l EGPF1 WSPF 1 Ground 1 • Bank Sta 5586 ' ' 0 ~ ~ 00 M 100 1~ 1~ 100 Station (ft) g c: 0 = <V > .!!! w P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTIONS 5600 ----.08 .04 .08 -------------~ 5598 5596 - 5594~ j 5590 5588 5586 5584 ' ' ' ' ' 0 ~ ~ 00 80 100 1 ~ 1~ 100 Station (ft) Legend EGPF1 WSPF 1 Ground • I Banl<Sta 180 g c: ,g <II > ~ w P-BRIDGE Plan : Imported Plan 03 12/11/2008 SECTION7 5600 -r--.08 +--.04 ->< .08 ---------__J 5598 5596 5594J 5592 5590 5588 5586 I I I 0 ~ ~ 00 00 100 1~ 1~ 100 100 Station (ft) Legend I EGPF1 WSPF1 Ground • Bank Sta P-BRIDGE Plan: Imported Plan 03 12/1112008 SECTIONS 5604J .08 +-.04 .08 J I 5600 5598 g 5596 c 0 :;::: ~ .S? w 5594 1 I J I l 5590 5588 5586 ' 0 50 100 150 200 Station (ft) Legend EGPF1 WSPF1 Ground • Bank Sta P-BRIDGE Plan : Imported Plan 03 12/11/2008 SECTION 5 UPSTREAM PROP. BRIDGE 5610 .08 I .04 I --------.08 )j • 56()()- 1 1 ~ 1 iii 5595 ' 5590 I 1 i 5585 1 I I I • I I . Legend~ I . EG PF 1 I WSPF1 Crit PF 1 --Ground I '"!tt 11 ~ 0 50 100 150 200 250 S1ation (ft) P-BRIDGE Plan : Imported Plan 03 1211112008 PROPOSED BRIDGE .08 04 -~!--------------56101 I · 1 .08 5605- 5600J i 1 ~ -1 ~ 1 i 5590 ... 5585 . 0 50 100 150 200 Station (ft) Legend EGPF1 WSPF1 CritPF 1 -----Ground I '":" I ~ 250 g 15 ~ P-BRIDGE Plan: Imported Plan 03 12111/2008 PROPOSED BRIDGE I I l 5610i .08 I .04 ->j<-.08 -----------__,, J 5605 1 5600] iii J 55951 5590 5585 ' ' 0 50 100 150 200 250 Station (ft) legend ---EGPF1 WSPF1 --- Crit PF 1 -Ground __........_ lneff • Bank Sta P-BRIDGE Plan : Imported Plan 03 12/1112008 SECTION 4 DOWNSTREAM PROP. BRIDGE I I< .08 .04 I .08 5610-l 5605 5600 g f5 :g ~ G) w 5595 5590 I Legend EGPF 1 WSPF1 Crit PF 1 Ground -A-- lneff • Bank Sta g § = ~ .S! w P-BRIDGE Plan : Imported Plan 03 12/11/2008 SECTION3 5600-<-.os -+-.04 ---i'ti _______ _:~~-.os 5598 150 100 .... _ S-.(ft) I legend I ~ 200 WSPF1 Crit PF 1 -Ground • Bank Sta I 5596- j J I . 5594~ 5592- 2 ~ I i 5590~ iii ] j -J ! i 5586] .08 ..L P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION2 I -~~--~1~~~~~~~~~~-.os Station (ft) J 1 ~-- 140 Legend EGPF 1 WSPF 1 -5. a ... ~ 4) iii P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 1 ] 00 -~+ .oo 1 5594 5592 5590 5588 5586 5584; 1 -j 5580 1 I 1 I I 0 50 100 150 200 250 Station (ft) legend EGPF1 WSPF1 Crit PF 1 Jnetf • Bank Sta 0593.90 ""·" ""'·" "'2.n 5592.10 ssg().56 E.G. S.v I E.i~ j ·w_i ~· seoo.21 - -o.o05ei93 5599.75 0.000623. 5599.34 o.ooo9io' 5599.21 0.000520. ~9.12 0.00070: 5599.03 0.002036 5598.21 5597.~. 5597.64 5595.11) 5593.37 5592.15: 5591.72 0.00:2349[ 0.005700. · 1 0.00«38 ~-~_!_!~~i 0.007900, o.00is551 0.007820 Yfw?i·N l-~::.J _:r~~~~f-~~~~-~i 11.46 328.00 e&.42 0.70 10.1s 390.74 eo.iG; 0.57 5.61 746.79 126.40 0.30 4.31 1053.05 5.15 810.35 8.11 516.14 8.61 12.30, 11.10 14.42 11.23' 5.38 11.13 ~1-~: 379.57 248.72 '. 206.00 473.10 765.58 614-48 145.40 135.87 95.81 88.23 10i18' 132.42 I 9?.117) 172.18j 130.24! 198.59 0.22 0.27 0.42 0."6 0.10 0.03 0.97 0.79 0.36 0.78 E-AND-P-BRIDGE Plan : Imported Plan 03 1211112008 ---------------RIVER-1 Reach-1 "" 5605 5600 5595~ g l 5 - 1ii I ~ "! __, w ~ I ~ J 558014-~---.-~--..~~~~-.-~-...~~.--~-.-~-,.-~~~~~~~~---.-~--.~~.,....-~-.-~-...~~.--~~~~~--, 0 200 400 600 800 Main Channel Distance (ft) Lagencl I EG PF1 WS PF1 Crlt PF 1 Ground g c: 0 ~ ~ Q) w E-AND-P-BRIDGE Plan: Imported Plan 03 12111/2008 SECTION 13 5602 j ·08 : .04 + .oe 5600 5598-; 1 5596] j 5594 5592 5590 ~ ~ -! ro ~~ 0 ' 80 Legend EGPF1 WSPF1 Ground • Bank Sta E-AND-P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 12 I I 5600-. .08 .04 I .08 I 5598 5596 g l5 16 5594 ~ w 5592 5588 ' 0 10 20 30 40 50 60 70 Station (ft) Legend EGPF 1 WSPF 1 Ground • Bank Sta 5610 5605- - i -~ i j ~ ii:i 5595 -1 E-AND-P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 11 .08 I .04 I .08 ! 5585 . ' 0 ~ ~ 00 ~ 100 1~ 1~ 100 Station (ft} Legend EGPF1 WSPF1 Ground • Bank Sta g :5 = ~ ... jjj E-AND-P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 10 5602-·08 : .04 ---*'f---------~ ~.os ~~~~~~~~~~~~~~ 5600 - 5598 5596 5594 5592 1 5590 -j I 5586 . . 0 ~ ~ 00 ~ 100 1~ 1~ 100 Station (ft) Legend I EGPF1 WSPF1 Ground • Bank Sta E-AND-P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION9 5604r .08 .04 ~ 5602 1 ,-.08 50001 5598 I ~ 55961 s I L-1 559Z 5588 5586 : ' I 0 20 40 60 80 100 120 Station (ft) 140 160 Legend EGPF 1 WSPF1 Ground • Ba ni< Sta I E-AND-P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 8 UPSTREAM OF EXIST. BRIDGE 5600 .08 I .04 -+ .08--------- 5598 5596 5594 g c: 0 ~ CD 55921 iii 5590 5588 5586 5584 I I I' I 0 ~ ~ 00 ~ 100 1~ 1~ 100 1~ Station (ft) Legend EGPF1 WSPF1 CritPF 1 -Ground 1neff • Bank Sta € c: 0 ;> ~ ~ UJ E-AND-P-BRIDGE Plan: Imported Plan 03 12/11/2008 EXISTING BRIDGE J .08 )o(-.04 --+ .08 --------------) 5600 5598 5596 J I 5594J 5592· 55901 5588 -, 5586 - j 5584.--~-~--.---....---~-~-----.--------r-----.----.--~-.....,--~----. 0 ~ ~ ~ ~ 100 1~ 1~ 1 ~ 1~ Station (ft ) Legend --EGPF 1 WSPF1 -Crit PF 1 ----Ground __..._ l neff • Bank Sta g c: 0 = ~ .g! w k 5600_; .08 I ' ----~-.04 5598 5596 5594 5592 5590 5588 E-AND-P-BRIDGE Plan: Imported Plan 03 12111/2008 EXISTING BRIDGE I ~~~~~~~~~~~~~~.oa ----~~~~~~~~---i 1 5586 ' _, ' ; o ~ ~ ro oo 100 1~ 1~ 1ro 100 Station (ft) Legend --- EGPF1 WSPF1 ~ Crit PF 1 ------Ground ___....,__ lneff • Bank Sta 5600-r--·08 5598 5596 g _j i -1 5590- 5588 E-ANO-P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 7 DOWNSTREAM OF EXIST. BRIDGE .04 : .os ~~~~~~~~~~~~ 5586 ' • -I 0 ~ ~ 00 ~ 100 1~ 1~ 100 1M Station (ft) g c: 0 ,_, cu ~ w E-AND-P-BRIDGE Plan : Imported Plan 03 1211112008 SECTION6 5604} .08 +-.04 : .08 ~ 5602 5600 I ~ 5598 ~ ~ 5596.J .J 5594 5592 5590 5588 5586,..._~~~-.-~~~+--t1:.......~~~~..--~..-~~~~~~~~~~~-..,.~~~~..--~~~~~~~~ 0 50 100 150 200 Station (ft) Legend EGPF 1 WSPF 1 Ground • Bank Sta g c g ~ G) w E-AND-P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 5 UPSTREAM PROP. BRIDGE ------.08 .04 .08 ~ 5610 5605 • 5595 5590 I Ugend I I EG PF 1 I WSPF1 Crtt PF 1 I nett • Bank Sta J . . '' 0 50 100 150 200 250 Station (ft) E-AND-P-BRIDGE Plan : Imported Plan 03 12/11/2008 PROPOSED BRIDGE ------.08 .04 .08 ------------ 5610- 5605 5600 g c 0 = <'Cl > ~ w 5595 5590 5585 ' ' 0 50 100 150 200 250 Station (ft) E-AND-P-BRIDGE Plan: Imported Plan 03 12/11/2008 PROPOSED BRIDGE I 08 Jc_ 04 -08 -----------~ 5610 -. I . I . 5605- 1 5600 §: !5 "" ~ Q) iii 1 5595 j 5590 5585 -' 0 50 100 150 200 250 StatiOn (ft) legend EGPF1 WSPF1 Crlt PF 1 --Ground _....._ lneff • Bank Sta E-AND-P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 4 DOWNSTREAM PROP. BRIDGE .08 +-.04 .08 5610-i j Legend --EGPF1 WSPF1 Crit PF 1 Ground ~ 5605 -I ! lneff • Bank Sta " '{ I I g -1 8 l ;:: <II > ~1 .!! w 5590 j Station (ft) g ~ ~ CD iii 5600 ... -.os .04 5598- 5596- 5594J 5592- 5590- I I l 55881 -j E-AND-P-BRIDGE Plan: Imported Plan 03 12/11/2008 SECTION 3 .w-..~~~~~~~~~~~-.os ~ 150 100 5084 ' 50 -(fl) 0 200 Legend EGPF1 WSPF 1 i Crit PF 1 ---Ground • Bank Sta E-AND-P-BRIDGE Plan : Imported Plan 03 12/11/2008 1 ~ + .~ .... j 1 5592 g i 5590 w 5588 SECTION2 ...L T Station (ft) .08 -~~~~~~~~~~->i Legend EGPF 1 WSPF 1 140 Ground • Bank Sta ....... s 8 ;:> g! .!!! w E-AND-P-BRIDGE Plan : Imported Plan 03 12/11/2008 SECTION 1 I ., .08 +-.04 -+ .08 > l 5596- 5594 - ~~ 1t-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 5590 5588 5586 5584 5582 5580 ' 0 50 100 150 200 250 Station (ft) legend EGPF1 WSPF1 Crit PF 1 lneff • Bank Sta ~<=\~ l=\Q G o\ \~\\c.. HEC-RAS Plan: Imported Pia River: RIVER-1 Reach: Reach-1 Profile: PF 1 Reach River Sta Profile a Total Min Ch El w .s . Elev I Crit w .s. E.G. Elev I E.G . Slope Vef Chnl Flow Area I Top Width Froude, Chi (cfs) (ft) <ft> I C1t> Cft> Cftlft> <tt1s> (sq ft) I <ft> Reach-1 I 13 j PF 1 2475.00 5589.52 5597.26 5599.90 0 .010591 14.08 248.64 54.37 0 .93 Reach-1 I 12 IPF 1 2475.00 5588.00 : 5597.11 -·55~ 0 .006488 12.30 310.80 54.05 0 .75 Reach-1 111 IPF1 2475.00 5~.7E ! -5597.71-_ --=~ ~98~ 0 .001636 -6.7-8 -590.35-!33.84 :..=-0 .39 tReach-1 110 PF1 2475.00 5587.00 5597.81 5598.08 0 .000834 ' 5.08 879.75 141 .56 ' 0 .28 Reach-1 19 IPF 1 2475.00 5586.94 5597.45 __ ~--_J_ _ss9J.95, o .~1283_: 6.2( _ 631 .91 127.23 --0.34 Reach-1 is PF 1 • 2475.00 ' 5585.00 I 5596.61 . 5597.79 1 0 .003854 10.06 1 392.23 60.17 0.56 IReach-1 17 IPF 1 -2475.00 S586.00 5596.54 i---5597.741 0.003002 -9.41 370.55 -58.68 --0.52 IReach-1 16 l pF 1 2475.00~ 5586.00 -5594.11 "' 5594.11 ~-5597.3 1°'" 0 .012762 ~ 15.94-;-240.60-53.07 1.01 IReacn-1 Is IPF 1 2475.00 ' 5586.oo 5592.991 5592 .99 5595-:-11-0.012000 14.41 244.21---55.12 ·-o.98 IReach-1 j4 !PF 1 2475.00 5585.34 5592.7S ;-5592.75 5594.n .,.. 0.009131 12.12 · 315.81-92 .58 -o .85 !Reach-1 13 !PF 1 2475.00 ! 5585.601 5592.10 5592 .10 • 5593.37 0.007900--11.23~ 4~3..:~0__ 172.18 __ --0.79 IReach-1 l 2 !PF 1 2475.00 5584.20 5591 .88 ; 5592.1 6 0 .001555 5.38 765.58 130.24 0.36 --------- Reach-1 1 ~PF 1 2475.00 5584.00 5590.56 5590.56 5591.72 0 .007820 11.13 514.46 198.59 0.78 t= \.,aJ..~ c. 7 \:./'\C..f '-a c ~ M _.., ~-\-\ ~~ \-c_ HEC-RAS Plan: Imported Pia River: RIVER-1 Reach: Reach-1 ~ -R"iv9rSla T Profile Prof Della WS Top Wdlh Ad ..,... ~ T Enc Sta L 1 Dist Center L I Center S1ation -[-Dist ~R -Enc Sta R t K Pere R i Reach-1 113 Reactl-1 113 Reach-1 12 Reacll-1 12 Reael'l-1 111 Reach-1 I 11 ·Reach-1 10 Reacll-1 110 1Reach-1 19 Reach-1 19 Reac:h-1 ·8 Reacll-1 ,8 Reach-1 17 Reach-1 .-----·-!!. PF 1 IPF20 PF1 ]PF20 IPF 1 PF20 'PF1 PF20 IPF 1 PF20 PF1 PF20 PF1 PF20 I Reach-1 j8 PF 1 !Reacll-1 18 jPF2()-- Reach-1 5 PF 1 Reach-1 15 ~20 Reac::h-1 I" !PF1 Reac:l\"1 14 IPF20 Reach-1 3 IPF1 Reach-1 3 PF20 ----------· Reach-1 12 PF 1 Reach-12 I PF 20 Reach-1 PF1 Reach-1 1 PF20 (_ft) __ • (!I) --- -(ft_)__ _(!I)__ -®-(ft) (ft) 2.42 2 .51 ~ 2 .25 2.19 2 .40 2.93 2.98 1.04-r- 0.84 1.04 , 0 .73 0.00 0 .00 54.37 74.n 54.05 62.52 123.84; . 127.34' 141 .56! 146.441 127.23 139.74 60.17 ~-:18 58.68 166.57 -53.07 18.61 55.12 21 .11 86.25 22.43 172.18 29.83 130.24 130.24 198.59 198.59 0 .28 0.05 ... 0.93, 2. 10 36.83 7 .93 71 .49 10.60 7 0 .57 --~ 18.37 10.62 46.n 46.n 40.83· 40.83' 42.08 42.08 45.25 45.25 49.60 49.60 - 43.00 43.00 42.16 42.16 44.76 44.76 82.09 ' 82.09 81 .76 ·-__,_ 81 .76 28.99i 28.99 38.75 38.75 11 5.n 115.n 10.68 10.52 , 11 .24 19.02 55.44 19.19, 92.60 18.37 93.00 24.901 48.00 38.26 ~ (ft) 18.61 21 11 22.4 3 29.63 € c ~ ~ w ' 5604 5602 5600. 5598 5596 5594' 5592' 5590 55S8 5586 0 .OB PARACHUTE CREEK FLOODWAY Plan: Imported Plan 03 12/18/2008 -:.-( .04 f t 50 SECTIONS 100 Station (ft) .08 150 Legend. -····•············ EGPF20 EG PF1 WSPF20 • Crit PF 20 WSPF1 Crit PF 1 Ground • Bank Sta _____ , Encroachment ! 200 g c ·" 1 w < 5610· 5605 5600 5595- 5590 5585 0 .08 PARACHUTE CREEK FLOODWAY Plan: Imported Plan 03 12/18/2008 SECTIONS . ---_._ .. 04 .08 ' ' i--~· ~-.................... . -~- 50 100 150 200 Station (ft) 250 Legend ................. EGPF20 EG PF 1 -WSPF20 • Crit PF 20 WSPF1 Crit PF 1 Ground • Bank Sta Encroachment 5605. 5600' g I 5595 5590 5585 0 .08· PARACHUTE CREEK FLOODWAY Plan: Imported Plan 03 12/18/2008 SECTION4 ·-.04--.08 ' t I ' j .... ___J___ ____ _ 50 100 150 200 Station (ft) 250 Legend ··--·······•········-· EG PF20 EGPF1 -WSPF20 • Crit PF 20 WSPF1 Crit PF 1 -Ground __...._ lneff • Bank Sta Encroachment g " 0 ';; > " iii < .08 >-"--_04 5600 5598 5596' 5594 5592 5590 5588 5586' 5584 0 ~ \ r PARACHUTE CREEK FLOODWAY Plan: Imported Plan 03 12118/2008 :--- 50 SECTION3 100 Station (ft) .08 - 150 .,. 200 Legend ·····-·-·····•············ EG PF20 EGPF1 WSPF20 • Crit PF 20 WSPF1 Crlt PF 1 -Ground • Bank Sta Encroachment