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Home My WebLink About1.0 Application1111 ~\~• ~1~.rv~,Q'.·,r~~r.r~~ lt~J rt-\~ ~~~I Pili ~~·t~·~ 11111 Reception«: 809251 10/12/2011 03 :23 :20 PM Jean Alberico 1 or 10 Rec Fee :$56 .00 Doc Fee :O.OO GARFIELD CO UN TY CO STATE OF COLORADO COUNTY OF GARFIELD PIPELINE EASEMENT § § § This Pipeline Easement (the "Agreement") is effective as of the Effective Date and is entered into by and between GARY D. HILL AND KAREN K. HILL, whose address is 7715 County Road 331 Silt, Colorado 81652-9687 (hereinafter the "Grantors"); and BARGATH LLC, whose mailing address is 1001 17TH Street, Suite 1200, (hereinafter the "Grantee"), Attention: Sandy Hotard -Midstream , Denver, Colorado 80202. FOR AND IN CONSIDERATION of the sum of One Hundred and No/100 ($100 .00) ("initial payment") and other good and valuable consideration in hand paid, the rec e ipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, warrant and convey and assign unto Grantee, and its successors and assigns, an exclusive easement and right of way, excepting for the grantors' rights reserved herein, for the purpose, at any time and from tim e to time, of surveying, clearing, excavating, installing, laying, constructing , maintaining, inspecting, operating, altering, repairing, testing, relaying, and removing one pipeline, and appurtenances , along with ingress and egress, for the transportation of oil, gas, petroleum products or any substances which can be transported through a pipeline, and erecting, maintaining and removing drips, valves, fittings , meters, cathodic protection and other equipment and appurtenances as may be necessary or convenient for such operations, (If it becomes necessary, to construct, maintain, operate, remove, upgrade, or replace electric power and/or communication and control facilities Grantee must obtain written consent from Grantor.) (all rights granted herein being collectively referred to as the "Purpose", and all of Grantee's personal property being collectively referred to as the "Pipeline Facilities") under or through a strip of land THIRTY feet (30') in width (the "Right-of-Way'') situated in all or .:. part of Section 9, Township 7 South, Range 92 West of the 61h Principal Meridian of Garfield County, State of Colorado, and described as follows: Tax Parcel Number (s): 2401-093-00-011 Bounded substantially by lands now and/or formerly owned as follows: On the North by lands of: On the East by lands of: On the South by lands of: On the West by lands of: Delaney and Dunn LLC Gary Hill Barry Shidler W . Kelly Couey Notwithstanding said Tax Parce l Number (s) designation, this right-of-way shall be effective as to the tract(s) actually owned by Grantor whether or not the Tax Parcel Numbers correctly identifies the location of the tract (s). Attached Exhibit "A" describes further said boundaries for this property, as well as , further describes the center line of the pipeline Right-Of Way. (Herein referred to as the "Property''). Upon completion of the installation of the facilities installed under this agreement hereunder, Grantee shall record an as- built drawing in order to provide the location of said facilities. TO HAVE AND TO HOLD unto Grantee , its successors and assigns , such grant to be for the Purpose granted herein for as long as a Pipeline Facilities is maintained thereon by Grantee, its successors and assigns. This Agreement is made subject to the following terms and conditions: 1. TEMPORARY ADDITIONAL WIDTH: During temporary periods, Grantee may use additional 35 to 60 feet II II M~.1. ~l~~W~'~\~~IIr\'.tWI ~~~~'· N,.llf11·.1~~~ ~~~~ IIIII Reception": 809251 10/12/2011 03 :23 :20 PM Jean Alberico 2 of 10 Reo Fee :$56.00 Doc Fee:O .OO GARFIELD COUNTY CO construction work space, and/or staging areas as is reasonably necessary or convenient at locations such as roads, streams, ditches, or specific areas which require more difficult procedures during its exercise of the Purpose. Attached Exhibit "A" describes all Rights of Way and additional work space needed for construction purposes only. 2. USE AND ENJOYMENT: Grantor reserves the surface and subsurface rights within the Right-of-Way understanding that such use can not interfere with Grantee's Pipeline Facilities or appurtenances. 3. CONSIDERATION: Grantor and Grantee agree that the consideration paid for this Agreement is also the full, complete and final payment for the enjoyment and use by Grantee of its rights hereunder and for any and all injuries and damages of whatever nature and character to land, crops, timber, fences and improvements on, over and across the Property occasioned by the initial construction of the Pipeline Facilities . Grantor hereby covenants that any and all claims that he has or may have because of the Grantee's construction operations of the Pipeline Facilities on the Right-of-Way have been paid and satisfied in full. Whenever fence lines are to be disturbed by Grantee during times of pipeline construction or maintenance, Grantee must notify Grantor, so that the fence wires can be rolled back (rather than cut). Whenever lands are disturbed by Grantee during pipeline construction or maintenance, at a suitable time after work completion, Grantee shall reclaim, and reseed the land and replace the fence line and other structures, as well as crops, timber and pasturage to their original condition to the satisfaction of Grantor. Additionally, Grantee must compact the trench containing the pipeline to Grantors' satisfaction so that no settling occurs after construction completion. 4. INITIAL DEPTH OF PIPELINE(S): Grantee agrees to initially bury any pipeline(s) so that the top of said pipeline(s) will be buried at least Forty-eight inches (48") below the existing ground level contour at the time of initial construction. In areas of rock concentration or where it is difficult and not practical to bury the pipeline that deep, written consent must be obtained from Grantor. Additionally, written consent from Grantor must be obtained for any above ground appurtenances. 5. FENCES. GATES. ROADWAYS AND LIVESTOCK PROTECTION: Grantee agrees that Pipeline construction is not to take place during livestock calving season. This season is anticipated to take place between Feb. 1st and June 1 st. At Grantor's request, all equipment or appurtenances to the pipeline, which shall be on or above the surface of th e ground, shall be installed and fenced in a manner to protect Grantors' livestock when necessary. Any above ground installations shall first obtain the written consent of Grantor. If there are gates or roadways now existing along the Right-of-Way, Grantee shall have a reasonable right to use such existing gates and roadway in the exercise of all rights conferred herein . 6. OBLIGATIONS ON TERMINATION: When said Right-of-W ay is no longer useful, necessary or convenient to Grantee for the Purpose described herein, Grantor may request to retain pipeline, or demand that Pipeline be removed by Grantee. At such time, Grantee shall execute and record a release of this Agreement. 7. ASSIGNABILITY: This instrument and the covenants and agreements herein contained shall be assignable in whole or in part. 8. ARBITRATION: If for any reaso n Grantor and Grantee should have any dispute associated herewith, and three months thereafter the parties are unable to reach mutual agreement to resolve all issues, then Grantor and Grantee agree to resolve any and all remaining disputes through binding arbitration as ascertained and determined by three disinterested persons, one thereof to be appointed and paid by Grantor; one by Grantee, and the third appointed by the two aforesaid with payment equally shared, and the award of the three person s shall be final and binding. 9. COOPERATION: Grantor agrees to cooperate with Grantee in obtaining any permits, licenses, permissions or approvals, including but not limited to driveway permits, highway access permits and land use permits (hereinafter "Permits"}, which Grantee deems necessary or convenient to conduct, certify, confirm, evidence, facilitate or effectuate the Purpose. Grantor agrees to join in the application for any such Permits if Grantor's signature is required in the application process. 10. INDEMNITY: Grantee does hereby covenant and agree to indemnify and hold Grantor harmless against any and all losses, damages, claims, demands and suits (and all reasonable costs and expenses incidental 1111 ~·· ~1~.rv~~ ·J~~~rM l~t\Lr~\~ r.N.Hir·.tv.~·~ 11111 Reception": 809251 10/12/2011 03:23 :20 PM Jean Alberico 3 of 10 Reo Fee:$56 .00 Doc Fee:O.OO GARFIELD COUNTY CO thereto, including court costs and attorney's fees) that Grantor may suffer to incur or to which it may be made liable (collectively, "Claims"), to the extent that such Claims are incident to, or connected directly with, Grantee's performance or exercise or failure to perform or exercise the . Purpose contemplated or operations hereunder, EXCLUDING all losses, damages, claims, demands and suits resulting from the negligence, gross negligence or malicious acts (or omissions) of Grantor, its agents, employees or representatives. 11. ENTIRE AGREEMENT: This Agreement constitutes all of the agreements and stipulations of the parties pertaining to the subject matter of this Agreement, superseding all prior agreements, representations or understandings, whether written or verbal, and may be modified or amended only by a written agreement signed by both parties. 12. SEVERABILITY: In the event any provision or any portion of any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable by reason of any law or public policy, such provision or portion thereof shall be considered to be deleted, and the remainder of this Agreement shall constitute the entire agreement between Grantor and Grantee covering the subject matter hereof. 13. COUNTERPARTS: This Agreement may be executed by Grantor and Grantee in two or more counterparts, each of which shall constitute an original, but all of which shall constitute but one and the same instrument, and each Grantor shall receive payment hereunder in such proportion as his/her respective interest bears to the entire fee simple title. EXECUTED on the dates set forth in the acknowledgments, but effective for all purposes as of the i O".Jfday of (ttobR e , 2011 (the "Effective Date"). GRANTOR(s): Gary D. Hill Karen K. Hill ~~-x.;i& GRANTEE: ~~J~ Title: Attorney in Fact I Ill ~r.~. n,~PV~IIf !l~r~.!tr~l~.~. Wll~l .. \··.!f\P. ~~~ IIIII Reception": 809251 . 10/12/201 1 03 :23 :20 PM Jean Albertco 4 of 10 Rec Fee :$56 .00 Doc Fee :O.OO GARFIELD COUNTY CO STATE OF COLORADO COUNTY OF GARFIELD ACKNOWLEDGMENT ) )SS: ) '-fu- On this, the _jl_ day of () v\o'o?: r , 2011, before me a notary public, personally appeared Gary D. Hill , And Karen K. Hill, individually, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seat . 0 ~l~J~h~~~lliwv~~!-1~~-- STATE OF COLORADO COUNTY OF DENVER ) )SS: ) My commission expires: 15 -\C} -1) The foregoing instrument was acknowledged before me this J.L2..__ day of 0<"·\-<)l ) o' Hotard, Attorney in Fact for Bargath LLC , on behalf of the company. On this , the .li2.._ day of (> eAo\') oC ' 2011, before me , Notary Public , Notary Public , 2011 by Sandra J. My Commission Expires , ~:;~:.\;: ~~i~J STAT E OF COLORADO '.,p # &' 0 # #...e-.&> # # t>' <r-v.--s-. 1111 ~~-. ~1~~PV~~G'~~r ~rW~t 1~\~~~ r~t Wi,rll. ~~~& II II I Reception»: 809251 1011212011 03 :23 :20 PM Jean Alberico 5 of 10 Rec Fee :$56 .00 Doc Fee :O.OO GARFIELD COUNTY CO EXHIBIT _a_ (.l_of~) l ,. AUached lo and mado a part of that certain Grant of Easement datod ·"1 -I D -I ,.__by and between Gary D. and Karen K. Hill and Bargath lLC SECTION 9, 1'0JJINSHTP 7 SOUTH, RANGE 92 WEST of the 6th PRINCIPAL MERIDIAN, GARFIELD COlJNTY, COLORADO AC .5 4 . R92 H' S89'.f3'12'E 5283.42' nc 4 l 8 9 ~...... 2641.71' '-......, I 1320.86' sM'10'29"W ·9 10 1304 .•\7' iD JIE\/ISI0!-11 DliTE: 7130/IP. :g rn MAll YELLE & ;: KELLY COUEY ~ ~ ... 0 W z 17 16 N / '' ....... ....... I lJELANEY & '-. 't~8J• DUNN, LLC , '"-t·~. I '-. "'-~'J, 1. C/l PIPELINE 'A' '-rs-. '-!!?~1• RIGHT-OF-WAY ~b ....... J(EL'f,Y ~.l' '-...._ COUEY ..... ~ I ....... '(a ' ::9-s-...... ~-<96'· ............. -S00'40'14'W 1024.70' SEE DETAIL "A' so 1'56'22"W 727.55' ~...... POT '-. / S46'17'59'W ~ 36.70' SEE DETAIL 'B' -~..-'? ;:~:~ APPAREN-T--• PROPERTY LINE {lYP.) 9 10 16 IS STA TJi:flfEN£ OF SUilJIEI'ORt T7S SCAlE t • 1000' 600' 0 JOOO' .Jl. FOUND /,IO.YUMENr ~)!'~ SECTION CORNER LEGEND llC BRASS CAP CII/IRLES F. WOOD STATES IIUIS OYOCCUPATIONA PROFESSIONAL WID SURVEYOR EMPLOYED BY BARGA Tlf Ltc TO /.IItKE A PREUI.IINARY SURVEY OF THt: PIPELINE RIGHT·OF-WAY AS DESCRIOED AND Sf/OWN ON 1111S EX/-110/T, CONSISTING OF a PAGES; mitT TilE SURVEY OF SAJD WORK WAS l.fltDF. UNDEfl HIS SUPERVISION AND AUTHORJTY. COMMENCING AUGUST f6, 2010; AND THAT SUCH SURVEY IS ACCURATELY REPRESENTED UPON 1111S AfltP. t:O:J FOUND MONUMENT f/4 OR 1116 CORNER AC AWMINUU CliP PC PLA STIC CAP IP IRON PIPE Q OTIIER FOUND MONUMENT CORNER • PROJECTED OR CALCULATED LOCAT10H SECTION CORNER NO TESt 1.) DRAWING REFERENCED TO NAD27 DAnJM STATE PlANE COORDINATES COlORADO CEiffilAL ZONE. All DISTANCE S SHOWN ARE GniO DI STAN CiiS. 2.) N'PARENT lANDOWNER INFORMATIO.'l SHOWN HEREON DASED UPON GARFIELD COUNTY RECENT ASSESSOR PARCEL MN'S AND PARCEL RECORDS ANO RECOHOER OFFICE DEEDS, RIFFIN & ASSOC/A TES, I NC. 1414 ElK ST11E'ET, ROCK SPRINGS, WY6790 1 PI/ONE (J01) J62.S016 OJtOJOOI18108 JIE.IIISIOII2 DATii: 7/.10/11 JIEVISIOIII ll'A lJARGATil LLC KOI<oPELU PHASE II PIPELINE A PROPOS EO RIGHT·Of·WAY FOR A PIPE titlE SITUATED ON LANDS OF GARY D. AND HAREN K. HILL SH EET 1 OF6 1111 ~~(~-.~1,~PV~I~~~~I~~~~~~T~ I~ Hr.IW~ff.if~~~ IIIII Reception«: 809251 10/12/2011 03 :23 :20 PM Jean Alberico 6 of 10 Reo Fee :$56 .00 Ooo Fee :O.OO GARFIELD COUNTY CO EXHIBIT _a__ ( 2... or~ I ~t\ttach~ lo and mode a part or that cert ain Grant or Easement dated _ fl._ -I ~ J I .1..---by and between Gaty D. and l<aren 1<. Hill and BargathllC SEC170N 9, 1'0WNSHIP 7 SOUTH, RANGE 92 WEST of llw 6th PRINCIPAL MERIDIAN, G.4llFJELD COUNTY, COLORADO DETAIL'~" R!JZ JY N89'43'12'W 5283.42' nc ~~A----T:ffi~---------~~~~~~~~~~~~~~~~~4~3~ 9 v 1320.86' '1320 86' , • ----.--·-9 ,to ------Se4'1(ti9'VI 13M.47 POB.....-"~ ·:·ffa DELANEY & DUNN, LLC 50' PERMANENT - ROW(lYP.) APPARENT PROPERlY LIN~ (TYP .) l:~ :::: f0Not---EXTRA ~ 1'/0RKSPACE ~ (EI'IS) AREA 1 s ... ~ ~ 8 111 ::- :. 25' CONSTRUCTION :l -ROW (TYP.) GARY D. j"' C/L PIPELINE 'A' . RIGHT-OF-WAY & llMlEN J(, II ILL EXISTING ROllO (lYP.) \,..::: ~ M /; EXISTING GAS PIPELINE + .. ~ -'l -'l :·.' f.YIS 2/_/~ ij .:~ / i' EXISTING WATERliNE {TYP.) (TYP.) 0 300' ' EWS 3 SCALB 1" ~ 300' 46'17'69'W 36.70' TABULAUON PIPEI.INE 8 1'7S f'~rman~nl ROll~ 50 Feol 1\fde; 25' Righi and 25' Loft 1788.95 Feot 108.42 Rod!l 2.053 Acres Construclfon RO~ 25 Fost Added ~lldl/1 25' Loft 1757.0~ Fdsl 106.5~ Rod1 1.009 Acra s PermanMl ROI\~ 50 Feet 1\fde· 25' Righi ond 251 Left 51U.08 Fcot J/~.79 Rods 5.962 Acru Constructron ROI\~ 25 Feet Added l\1dth 25' night or 25' Left 5194,08 Feat JH. 79 Rods 2.981 Acru Construction Slagfng k Exira llbrk Spoco Ar<Jas: Numbor: J E<Jch Slu: 25' to 150' Extra 111dlh by SO' to 250' Exlro Length Noo: 0.763 Acru RIFFIN & ASSOCIATES, INC. f4t4 El.J( S TREET, ROCK SPRIIIGS, IW 11901 PHONE (301) 362-5021 REVISIO~ 2 DATE: 7130111 REVISIOU 1 ll'A DfiA\',,.bY:IOIL I DA1E:7f.IOIII IAPPRCNEDOY:CFW I DATE:t/1111 CHECI<ED DY: lGB I OAT£: &'21\111 I SCALE: 1'. 30)' OAA\',\~() Construction Sloglng 4< Extro llwk Space Arcos: Numb~r: 6 Each Size: 25' to 50' Exlro llldlh by J8' to 1120' Extra Ltnglh Area: 1.J57 Acros DARGATH LLC I<OKOPELLI PHASE II PIPELINE A PROPOSED RIGHT-OF-WilY FOR A PIPEliNe SITU/\ TEO ON lJINOS OF GARY D. AND KAREN/(, HILL r~WIMR: 18108-HILL·PLROW I SHEET 20FG II II ~r.~. ~1,~W~,~!~I\\LrtU~I.rrll r~r. ~""(~~'~~~~1 IIIII Reception»: 809251 10/12/2011 03:23:20 PM Jean Alberico 7 of 10 Rec Fee:$56 .00 Doc Fee :O.OO GARFIELD COUNTY CO EXHIOIT l±.__ (~ of~ Allac j•ctl to and mado a part or that certain Grant or Easement dated \ O -_ D -J ,).____by end between Gary 0. and l(aren K. Hill ond Bargath LLC SECTION 9, TOWNSHIP 7 SOUTH, RANGE 92 WEST of tile 61l1 PRINCIPAL ~fERIDIAN, GARFIEW COVNTY, COLORADO DETAIL''D" D£MNRY & DUNN, LLC !J./ +u~ ~ CIL PIPELINE "8" J RIGHT·OF-W/\Y ir ... : .... : ",/:::· , -\'); ..... / EI'IS 6 ~v .• :· .A"'~ ......................... . EXISTING Gi\S PIPEUNE {TYP.) GARY D • .<: IWlEN /(, lULL EWS FOR PIPELINE "A" EWS tf USEI\GE SQ FT ACRES NOMINAL SIZE + 0 300' 1 UOP STAG ING /\REI\ 26,250 0.603 7!>' W X 250' L 150'WX50'l 2 OORE CROSSING 5,265 0.121 25'WX211'l 3 OORI: CROSSII\'G 1 714 0 .039 26' W X 69' L TOTI\LAREA 33,229 0.7113 EWS FOR PIPELINE "0" 4 SHARPPI r-s-SHARP PI & ROAD CROSSING 0 SI'ARP PI 7 SI'ARP PI 917 10,076 7,277 3,262 0.021 25'WX30' L 0.231 25'WX403'l 0.1117 26' W X 291' L O.o75 26' W X 130' L ~iiiliiiiiiiii~ SCAlE r '"' 300' 0 SI'ARP PI , DITCH & ROAD CROSSII\'G 0.149 25' W X 260' L 9 SHARP PI I TOTAL 1\R!:A_ RIFFIN & ASSOCIATES, INC. 1414 ELK STREET. ROCK SPRINGS, IVY 6210 1 PHONE (JOT) J62..S021 REVISIOII2 OATE:713G/II REVISIO.'II II'A O.R.O.JOBJ 1&10& oRA\'.?IBY:l<k'L 1 oATE:T/30111 IAPPROVf.oov:CFV/ I o .,u:erl/11 CHECi<{O bY: lGb I DATE: IV.IC/11 I SC/IlE: I'. 300' OAAYotiO 31 ,098 0.714 25'WX1120'L 60'W X 62'L 59,118 1.357 RARGATH LLC I<OKOPEL LI PHASE II PIPELINE 1\ PR OPOS EO RIGHT·Of·V/1\Y FOR 1\ PIPEUNE SITUATED ON LANDS 01' GARY D. AND J(AREN J(. HUL r.v~~e1t 18108-HILL-PLROW 1 S HEET 30F6 II II ~\~"-~~~~PV~v,'~lltM~r~r ~~)~ r~~ rHtL~r: ~~~~~~~ IIIII Reception": 809251 . 10/12/2011 03 ·23 ·20 PM Jean Albertco 8 of 10 Rec Fee :$56 .00 Doc Fee :O.OO GARFIELD COUNTY CO EXHIBIT J±_ (.4_ orL AUache~ to and T{do a part of U1at certoln Grant of Easement dated } () -LD -: by and I.Jelweon Gary D. and Koren K. Hill and ' Bnrgalh LLC AC 8 9 SECTION 9, TOWNSHIP 7 SOUTH, RANGE 92 JVES1' of tile 6tl1 PRINCIPAL MEIUDIAJV, GARFIELD COVNTY, COLORADO JENKINS CUTOFF GARFIELD COUNTY ROAOII336 GARY D. & KAREN/(, HILL DETAIL"D" 17 p N>PMENTPftOI'ERTY (~ liNE (TYP.) LINE TABLE-PIPELINE "B" LINE BEARING LENGTH LINE BEARING LENGTH L1 SJ7'03"43W 134.30 l16 S00'02'JO'E 98.10 l2 S50'28'6&'W 100.00 l17 S80'40'07'W 11&.10 L3 S06'26'12W 168.67 ue S51'H'M'VI 115.87 u N81'10'26'\V 24H2 L19 NW 15'06'VI 169.61 l5 S07'42'30'W 70.00 l20 N56'31'03'\'l 102.10 l6 S65'40'M'W 01.95 l21 N52'18'39'V/ 390.G2 + l7 S49'55'52'W 201..8 l?Z NS5'50'27'V/ 13829 La S29'25'51'W 138.92 l23 N86'18'04'W 302.35 l9 S 17'26'46'W 298.83 l24 S01'60'02'V/ 40.36 l10 S05'33'60'W 369.25 l25 546'~3'51'\'1 H6.59 L11 S20'33'3S'W 234.04 l26 SB6'42'30'V/ 213.52 l12 S59'54'51'W 224.08 l27 S!I8'35'27'W 2111.36 l13 S63'34'58'V/ 63.111 l28 501'40'42'\V 1115.11 0 l14 S36'30'12'W 142.52 l29 SI6'26'46'E 143.47 300' l15 SI0'00'33'W 249.07 l30 570'41'46'1'1 74.58 SCAJ.J: r = soo• RIFFIN & ASSOCIATES, I NC. 1414 ElX smEET, ROC I( SPRINGS, IVY 61901 PHONE (!Dl} 361.$1)1/J REV1Sl0112 OATE:7tJ<III1 REVI SIO N I II'A O.R.O.JOIIJ18108 DAAI'ItiBY:IQ.'l I DATE:71JII'II IAPPROVEDBY:CFW I OATE:811/II CH£CKEOBY:lGB I DATE:&211'11 I SCAlE : 1'"300' DRAW.'~ JJARGATH LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RIGHT·OF·WAY FOR A PIPELINE SITUATED ON LIINOS OF GARY D. AND [{AREN /{,HILL IIJ\I!~ 16108-HILL·PlROW J SHEET 40FO II II ~~(.-.~. ~1,~~~~i"~~~~ rW~l-r'~~~~~tt'lt llh .. ~f~~~~ IIIII ReceptionH: 809251 10/12/2011 03 :23 :20 PM Jean Alberico 9 of 10 Rec Fee :$56 .00 Doc Fee :O.OO GARFIELD COUNTY CO EXHIBIT.&_ ( b of~ ) Attochod to and made a part of Uml certain Grant of Easement dated _ U -I Q -J_J-by and between Gary D. and l<aren K. HIH and Bargath LLC .~EC1TON 9, TOWNSlllP 7 SOUTH, llANGE 92 WEST of lflc 6th PRINCIPAL MERIDIAN, GARFIEW COUNTY, COLORADO RIGHT-OF -WAY REQUIRED FORA GAS PIPELINE TO SERVE BARGATHLLC ACROSS GARY D. AND I<AREN J(. HILL LANDS PIPELINE RIGHT·OF·WAY DESCRIPTION lWO STRIPS OF LAND 60.00 t-EET IN WIDTH FOR PIPELINE RIGHT-OF-WAY PURPOSES SITUATED IN THE EAST HALF Of THE NORTHEAST QUARTER, THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO. THE SIDELINES Of SAID STRIPS OF LAND LYING 25.00 FEET EACH SIDE OF THE lWO FOLLOWING DESCRIBED CENTERLINE$: PIPELINE A COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 3, 4, 9 AND 10, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, BEING A BRASS CAP MONUMENT ~MRKED, COUNTY SURVEYOR 1979, THENCE SOUTH 84"10'29'WEST 1304.47 FEET TO THE POINT OF BEGINNING, BEING A POINT WITHIN THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION9; THENCE SOUTH OO"<IO'W WEST, 1024.70 FEET; THENCE SOUTH 01'66'22" WEST, 727.55 FEET; THENCE SOUTH 46"17'59" WEST, 36.70 FEET TO THE POINT OF TERMINUS AND BEING ON THE LINE COMMON WITH GARY D. AND KAREN K. HILL LANDS AND DELANEY & DUNN, LLC LANDS, BEING THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 9, FROM WHICH THE SECTION CORNER COMMON TO SECTIONS 4, 5, 8 AND 9, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MI:RIDIAN, GARFIELD COUNTY, COLORADO, BEING AN ALUMINUM CAP MONUMENT MARKED LS 1'/4921990, BEARS NOR'rH 63'44'10' WEST, 4373.94 FEET. THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE SHORTENED OR EXTENDED TO TERMINATE ON THE LINE COMMON WITH GARY D. AND KAREN K. HILL LANDS AND DELANEY & DUNN, LLC LANDS, BEING THE WEST LINE OF THE EI\ST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 9. THE ABOVE OESCRIOEO STRIP OF LAND IS 1780.96 FEET OR 108.42 RODS, MORE OR LESS IN LENGTH AND 2.053 ACRES, MORE OR LESS IN AREA. PIPELINE B COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 4, 5, 8 AND 9, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, BEING AN ALUMINUM CAP MONUMENT MARKED LS 17492 1990, THENCE SOUTH 49"05'05" EAST, 4095.86 FEET TO THE POINT OF BEGINNING, BEING ON THE LINE COMMON WrTH GARY D. AND KAREN K. HILL LANDS AND DELANEY & DUNN, LLC LANDS, BEING THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 37'03'43"WEST, 134.30 FEET; THENCE SOUTH 50'28'58" WEST, 100.96 FEET; THENCE SOUTH 86'26'12"WEST, 108.67 FEET; CONTINUED ON PAGE 6: RIFFIN & ASSOCIATES, INC. BARGATH LLC I<OI<OPELLI PHASE II PIPELINE 1414 EU( S rREET, ROCK SPRINGS, IW 8290 I PIIOHE (J01} 362·5tn8 o.n.a.JOSI woa A PROPOSED RlGHT·OF·WAY FOR A PIPELINE SITUATED ON lANDS OF llE'<ISIO~I2 DATE! 713(VIf RE'<ISIO.'ll DATE: U22./ll DAAI'nl llY: K/.~ I DATE: 7/WII I 1\J>PROVEO OY: CfW J DATE: 811/11 cHECI<EO ov: teo 1 DArE: arnvu 1 sC/\I.E: t:O!IE GARY D. AND KAREN K. HILL OAA\1\'l<l Nl.t~UR: 18108-HILL-PLROW I SHEET 50F6 II II ~~i,.• t~r'Jh~\\~W~t ~.H:~r.~~r..:!ltV.I~":I~I.~~~~IIIII ReceptionH: 809251 10/12 /2011 03:23 :20 PM Jean Alberico 10 of 10 Rec Fee :$56 .00 Doc Fee :O .OO GARFIELD COUNTY CO EXHIBIT _tt_ ( ..lo_ o(~ l Atlached to and made a part of lh al certa in Grant of Eas eme nt dated 0 -f IJ ~ LJ ___ by and between Gary D. and Ka ren 1<. Hill and Ba roal h LLC SECIION 9, 1'0WNSHIP 7 SOlJ1'H, RANGE 92 WEST of I he 6tb PlUNCTPAL MERIDIAN, GARFIELD COVNTY, COLORADO CONTINUED FROM PAGE 5: THENCE NORTH at•t8'28"WEST, 244.42 FEET; THENCE SO UTH 67"42'30"WEST, 70 .00 FEET; THENCE SOUTH 65"40'54" WEST, 61.95 FEET; THENCE SOUTH 49"55'52"WEST, 201.46 FEET; THENCE SOUTH 29"25'51"WEST, 130.92 FEET; THENCE SOUTH 17"26'46"WEST, 29B.83 FEET; THENCE SOUTH 05"33'60" WEST, 369.25 FEET; THENCE SOUTH 20'33'35" WEST, 234.04 FEET; THENCE SOUTH 69'54'61" WEST, 224.08 FEET; THENCE SOUTH 63'M'56" WEST, 83 .Hl FEET; THENCE SOUTH 36'30'12"WEST, 142 .52 FEET; THENCE SOUTH 10'00'33"WEST, 249 .07 FEET; THENCE SOUTH 00'02'30'' EAST, 96.10 FEET; THENCE SOUTH 00"40'07" WEST, 118.10 FEET; THENCE SOUTH 51"44'54" WEST, 115.07 FEET; THENCE NORTH 36"15'06''WEST, 189.61 FEET; THENCE NORTH 56'31'03"WEST, 102.10 FEET; THENCE NORTH 52"18'39'' WEST, 390.02 FEET; THENCE NORTH 65.56'27" WEST, 138.2 9 FEET; THENCE NORTH 66"16'04" WEST, 302.35 FEET; THENCE SOUTH 81"50'02" WEST, 40.36 FEET; THENCE SOUTH 40"43'51"WEST, 146.59 FEET; THENCE SOUTH 86'42'30" WEST , 213 .52 FEET; THENCE SOUTH 68'35'27"WEST, 216.36 FEET; THENCE SOUTH 01.40'42" WEST, 185.11 FEET; THENCE SOUTH 16'26'46" EAST, 143.47 FEET; THENCE SOUTH 70'41 '46" WEST, 74 .5 6 FEET TO TH E POINT OF TERMINUS AND BEING ON THE LINE COMMON WITH GARY D. AND KAREN K. HILL LANDS AND I<ELLEY WILBUR COUEY LANDS, BEING THE WE ST LINE OF SAID SECTION 9, FROM WHICH THE SECTION CORNER COMMON TO SECTIONS 6, 9, 16 AND 17, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCI PAL MERIDIAN, GARFIELD COUNTY, COLORADO, BEING AN ALUMINUM CAP MONUMENT MARKED 1978, BEARS SOUTH 01.40'4 2"WEST, 1352.39 FEET. THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SH ALL BE SHORTENED OR EXTENDED TO BEG IN ON THE LINE COMMON WITH GARY D. AND KAREN K. HILL LANDS AND DELANEY & DUNN, LLC LANDS , BEIN G THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SO UTH EAST QUARTER OF SAID SECTION 9 AND TERMINATE ON THE LINE COMMON WI TH GARY D. AND KAREN K. HILL LANDS AND I<ELLEY WILBUR COUEY LANDS, BEING TH E WE ST LIN E OF SAID SECTION 9. THE ABOVE DE SC RIBED STRIP OF LAND IS 5194.00 FEET OR 314 .-/9 RODS; "MORE OR LES S" IN LENGTH AND 5.962 ACRES, MORE OR LESS IN AREA. RIFFIN & ASSOCIATES, INC. DARGATH LLC I<OKOPE LLI PHASE II PIPE LINE 14f4 flX STREET, ROCH SPRINGS, IW8H01 PHONE (JOn 362-5021 O.R.G.J081 181 08 A I'ROPOSEO RIGHT·OF·WAV FOR A PIPE LINE SITVATEO ON LAN DS OF RE\1 510112 DATE! 7/J()I It RE\1SIOIII IUA DRAI'niDY:KIAL I DATE:71J(.IItr I AFPROIIEO OY:CfW I 0.\TE:a/1111 CIIECl<EOBY:l<lll! DATE:612(1111 !SCAt£: tiOIIE GARY D. AND /CAllEN K. HILL OAAV,t~G IM0FA: 18108-HILL-PLROW I SHEET 60F G ,.,lllll ·mrlllllrllnll .llll .llll.lllllll .lll .lllll .lllrllll. ~14373 09/38/1997 04181P 81836 P31S 319 1 o' 2 R 11 .00 D 0.00 N 0 .~ OAftFIELD ClfRK QUIT CLAIM DEED G"J ROBERT R. BUERGER & WILMA K. BUERGER, TRUSTEES OF THE ROBERT R. BUERGER LIVING TRUST, Grantors, for the consideration of Ten Dollars and other valuable consideration, In hand paid, hereby sell and quitclaim to GARY D. HILL AND KAREN K. lllLL, as joint tenants, Grantees whose address is 2473 County Road 336 Silt, Colorado 81652·, the following real property in the County of Garfield, State of Colorado, to· wit: That parcel of liUld described on Exhibit "A " attached hereto and incorporated herein by this reference; with all it& appurtenances. Til iS J:>«d· is given to com:~--t·1uxl' confnrm·to· the-existing· fence line tho boun<lary. line. between the Grantors' and Grantees' respective propenies. NO DOCUMENTARY FEE REQUIRED. Signed this __i!_S_ day of --"'S.~CI"". ,.o,-'---'.''-"'C?rl"-"-.::..:....!/.3=~-'-"lt.:.:__ __ , 1997. STATE OF COLORADO ) ) ss: COUNTY OF GARFIELD ) ~The foregoing quit claim deed was acknowledged before me this .&! day of ~,/ , 1997, by Robert R. Buerger and Wllma K. Buerger, Tru.~tees of theobert R. Buerger Uving Trust. WITNESS my hand and official seal. Af\tr record loa mum lo: Sc.t,eok. Kc,u & deWiour JOllcb S.., Sit. )10, (;jur•ood Sp<IQ(s, CO 11601 lllllllllllllllllllllllllllllllllllllllllllllllllllllll !114373 118/38/1U7 64•01P 818315 P317 318 2 o, 2 II 11.00 D 0 .00 H 8 ,00 GARFIELD Cl.ERK PROPBRTY DBSCRIPTJON PARCEL B A PARCEL OP LAND SITUATED IN SECTIONS 16 AND 16, f'OifNSHIP 7 SOtn'H, RAllO£ OZ IllEST OF THE 6TH P.N. BBINO HOR£ PARTICULARLY DESCRIBED AS FOLLOI'lS: BEGINNING AT TIIB NORTHEAST CORNBR OP THB Nlt1/4 Sltl/4 QF SAID SECTION 16 BBINO A.RBBAR AND AWNINVJI,CAP PROPERLY IVARI<!D 'AND SET; L,S, NO. 260:10; THENCE ALONG THB NORTHBRLY LIN£ OF SAID NJIJ/ISNI/4 01' SBCTION 16 $89'04 '3711 JlOO. OCI FHBT TO A POINT ON . THE CBNTBRLINB OF DRY HOLLON GULCH BEING THE 'fRUB POINT OF BEGINNING; THBNCB ALONG SAID CBNTBRLINB SIB'OO'OOuN ZB.61 PBBT .TO A POINT ON A FBNCBLINB; TIIBNCB ALONG SAID FBJ;CBLINB NB9'30 116"N 186,2 FBBT1 · TIIBNCE CONTINUING . ALONO -sAID PBNCBLINB N8Q'40 '16"11 611.78 PERT TO A POINT ON THE · NORTIJBRLY LJNB OF T/IE NEI/4 SBI/4 OF. SAID SECTION 161 THENCE AI.ONO SAID NORTHERLY LINE NB9'04 '37"8 600, lt PEBT f'O THB 1/4 CORNBR .OF SECTION 18/SBCTJON 16 BEING A REBAR AND ALUNINUN CAP PROPERLY HARKBD AND SBT; L·.s, Nrl. 2695Q; TIIBNCB CONTINUING ALONG THB NORTHBRLY LINE OP THB Nltl/4 SHl/4 OF S6CTiON 16 N89°04 137"B 212.78 PBBT THB POINT OF BEGINNING, SAID PARCEL CONTAINING 6681.8 SQUARE PBBT, HORB OR LBSS. . EXHIBIT "A" .... A ~ .;..::.1-A )..-1 ....... ltJ tJ:IA. Recorded a~. o'cloc~t.____LJ..M ., • ----,---·----t lTi. fltt;o Reception N_o. . 4;J0~75--~a£.~~ R«order. · · II 1 1n n~ ~20 Plf.£844 Trus DE£0, Made thlt ':2-7 ('1·t da~· of VI t ,nbJ/1. 1911 FII.INfll!TAMr betwt>en Daun A. Hill and Lillian P, llill C'.ounl)' or Ga~field Color.tdo,t•t ~h .. tint pllrt, 1\nd G&r y D~ Hill and Karen K. Hill, joint tenants with right of survivoiship, "h>Sel•:x~<laddt ·-'••i:, /.473 County Ho':'d .~36 , S l !.t, Co lorado 81652 of the Co unt~·''' G~rfield C'olorarto. of thP '"''on.l pnrt: W ITNF.SSE'rH. Thul l h11 r.n lrt parti e! S n(~hr f.r•t Joftrt. fo 1 1\nol in ,.,,...;d,•ratol'l nnf t h!• """' .. r 'l'en dollars nnd other good an-t valuable. considera t i o n ------OOblrlt-R8r- tn th~ said part i 0 Sof th•• fin< I )lnr~ m h~rlll )ollid l.o)' lh" •aitl pl\rlh·• of I ht• •••<nucl )1\lr ~. I ho I'N·~Irol wherfll>f i• h~r ~>h)' conful\ed and acknnwl"djtctl, haVe ttrnntt'd,loarJ(a(ncd,.lOiol I\ net t·ouvcyNI, 3n<\ hy II '""~ p r~"~nt.: cl n ttrant. bats;utn. ~ell. c:urav~y nntt c:ourirm ~ulto t.hl• MH.id partt .·tt ,,( tht• JW<"Hilcl l'"r t . thc.•ir h4.•i fl' an,i ""·"iKtu' for~vur, not in l<!l\(\11~;.' in l'Ommon hut in joint t~IIMM)', all till' rollowi11K olc~t·ribe~i In\ "''1'1\rt t'l oflnntl,aitualf', tyir>lr Hnd lloin~r In tlw I..:Oun~)· nf Gar fie 1 d ftiHI ~tnt ~ of r.utnrl\doo, too w it : ~hat real property described ~n Exhibit A attac he d her e Lo and ~n c crporat•d herein by this r Afer~ncA, together with that Bure~u of Land Management grazing permit designat~d "08105 East Divide Common" and Forest Sc:rvi c e Permit Number J.S-2313 for East Divide C & H and Meado~ Cr eek C & H grazing allot~ents, ahro ~nown IIF ""~'"'' o.nd numh<'r To~t h c•r with a :I ~nd t.IOJCUhu t b : h t"r••th1 um ·.·nt~ e nd UPI•ui'h •nnn .. ·l',pc, th\'a·eu1Hc• be1on~injt, ur in An)'wiu• ftJ'perhalning on.:! tht-r ;-\'t-r~i ·•r. •n•i rt•\''-'r~aun .. n •mau:dt"a 1\l.d rt•fllRII HI••v .. -c, T ~'!IU ·, i A,.U 8 l\ u utl pro f its th\!r t of: a nd a U the ralat·~, right.,. ':Jt: •.. !ht,.·rt>:tt. ~·Jnim #\net th.·man•l y.·h :tt !'".,., \'t•t. ,,( tht" <~au\ lh\ttiasofth" 1\rAt 1•art. t h her in l•w o roqult.y,of, tn and to lhc- 11~..,,. : ••• nain~'J pr•:mi~~·~ \\ill: til\' !trr.rlir:>mt•tll • :u iol h i>JlU i feiiiUileA; To H t:\'·• and Tu Hold the ~a id premitt'• •bove r .r.:·~·~irod~!HitiHt·r·th li,•·.~tntil<'~i'JlUr:~nun (:'>.otll l• r:.a :·:y D . r:i l l a nc Karen K. Bill, jcir:: t2nant:s Hit:1 right o:: s u r vi\'orslti~, t.h:·•l\ltlpa>'ti e s ~r t h••~condpart, t&rld ht:l r ~.;. "'\tA a lll )l.ign r· furf."\'t•r. A .•~·.iw .••"'' Oaun !> .. J-Jjll 'lnd Lillian P. llill )IWf! !E:!J•!'!a ·f or <ll';o r l.ifl't:hem•o•l VeS, t heir hc i r (,eX~~Utor•and a.dtllitl'.itrht"t· .... d·. ,."'''1111 U:.v r HJll , !,,1:';!.111. :llh ' Uj(f\''\' ftlltlicl With the:' ••id (llifl i es IJ( tht" I'C.'C:Onl) JMTl. ~heir tot:Jr:t &r.~ "~~·i,'r .' : h•· .t hl:\'1 ;tR r l!O \ol!l •t! l •(•':t 1 ....... of :~ H•' ·~•l oC1 M )ll )U'Jl('t •ltltf_. JIII"Ji;I 'J>!'i iiO u( t hl• !CAitlpa rt i e 5 Of th~ •t-•:t,L :I ~b :-·. • t•·.: ll t "r"' :1 •\t u .... ctL!t :• h"l t 'l1 ~1 .\i' ac tot! ••\'l ·t ~ 1"-'rtou tt n r JU'f:V'Ifl" iM w (uJly "'1"\i llHII).: ur lu r h\iln the whol(" • • .. ,~. !.· T' ,.I._C" J ' : ·~ .~1·•· . .... ;·. ,·,,:· .. , .... :,:.· ..... ,,,,, .. '•t"' ) ; , . .... / ......... . . . . ···:'· .... I ' "~ ... ....-; .. , . _ ...... :.. .. \ l,-""f': . ; ,, . •JII :•' ' ,, t'ol , .• In To•m.sh t p 7 South, R1nge 92 West of the fill\ P .H: 'Sfcl ton 16 : Nwl/i~ HrTlS~l/~; NWlt•S£1/4; HEl/4 ~ct ~on lS: ~'i'flK~~t,tpt lng ~herdr011 that : . .:•\'1'. o:· the SWl/-\mll/4 m· Sect !on lS lying 1nd being on the E1sterly ~~~ of the center of th! 9ulch known ~\ Dry Hollow, tnd South of the tenter lint of 1 gulch ~ptylng tnto s•\d Ory HQllow near the North side of 5atd SWl/4HWl/4 of Sectlon 1S • • Section 9: · tl/2hEI/4; Sl/2 Sec\ fon 10: lliH~JI7~;-'WlJ25Wl/4: and that part of the H£1/Uiill/4 i.,ying .Westerly or \h~ County Road. EXCEPflSG therefrcc~ 111 the property u dHCri~ed ln W11rranty Deed to Jor,n C. O'Donnell 1nd llrry A. Schultt recorded tn ftook 482 ~t P•ge 749, d~scdbett a~: il pucef of .land situated In lhl" 111/ltiWl/4 of Sect ion )0, lo"n~hip 7 So11th, R_,n~t 92 \JHt of the 6th P.M . lying Soull'lerly or the llorlherly lint of -.eid Sect ion 10 end West~rly o( lh~ We~lerly ri9ht of way fence of a County Road es con~tructed tnd \n place, said p1rctl of lend ~~ descrlb ~d as follow\: Beginning et 1 point on the tlor\hrrly line or uld Sect \.on 10 ~henct lh<.' Secticn Corner coo:-r1'ln to Secllon~ 3, •. 9, and 10 In said Tc.wnship and Rense btars: S. 89"20'42" W. 9~1.01 fret: \hence H. 89'20'~2· £.along \l1~ Northerly line of said S~ction 10, 1267.17 f eet to • point on s1\d CoY~ly Roaj r-ight of way ftnce; thenct elong !bid right or way fent~ S. 36"3~'~9· ~. 231.03 feet; thence S. 24'03'3&• W. 157.16 ft~t; thente 5. 36.11'5?• W. 617.1~ fe~t; thence S. ~5'16'SJ• W. 2&9.23 fe£t; thence S. 23 "16'11" W. l23.65"fett: thence ha ·1ing u\d right of way renee S. 89"20'42" W. 1?30.8? 1 eet;.thenc~ 1". JS'~O'·U" E. 103.11 feet ; then<:e N. 17'10'5('• L 45l.O lett; thence K. 27"06'22• E. 201.85 ieet; thence N. 37'01'25• E . 43R .03 feet: thence H. 49.Sl'4l• E. 20~.91 teet lo o point on lhe Northerly lin~ of said Srction 10, the point of beglnnln9. COU~TY Of .GARFlfLO STATE Of COLO~ADO Tosethtr with all ditch •nd ditch rtght\, water and water right\ a;Jperlain,ng to or used in connect\on M\lh this pro~rty, \nc.\udlns. t~Ut wfthout limit ~lion: 1. Th" Jenkins ~aste Water Ditch Decree ~ntcred Decembrr 8, 1911, C\vll Ac ~ton Ho. 1553. Ditch No. ·90888~· Approprtation O~te April 1, 1909. ~ .. ~edt.~, Mo. UlW.-1, l.l ch .for t he purpost: t:~f irrigation •. z. T~nty-Two 1nd one-half shares of lht Oivlde Creek 'High l\ne OUch ~p•ny, 1 Color1do corporAtion • ') . . ·, .. , ''I .. ' .. .. . . ,. •' ,. •, •• Garfield Coloc.OO,,cdlltM.and Ga;:~• D. Hi.l~ and Karen :-;. llill, jo1nt t~nnnts with right of survi~ors~ip wh~leg..laddre-.•i• 2473 County Road 336 Silt, Colorado 81652 Gc:r::fie!-. \'.1TNESSl:r:t. Tt,JI 11-< 1rantn (A ~nd :r. .:<r.<i<" .<11ir.n of th : ,,.,,, .ti '.'en de>J.lars o.nd o!:h c;:- goocl and valuable. consi.d ::t .:"'-~:.on -----------------------·---··-OOkL.'.k& t~ n.._elpund sufnckncy of\· bich i> ;,.,.~~· •=~·~ · ~:d~c~. h.:.< rl!r:li~ll . t.:ic ·~e~. ·•:ld. con>~J and QUITCI AIMED. and by liltS;; prts<!nt~ d~ rcll'IK. n:lu.lc. «ll. 'Onley (',l'.d (JUil' CLAIM un"' 1M gtant<.<.<, their h.:ill, IUCCC~\ON and t'-'itJl'·fom'Ot, '"'I •u ten&.DCy In corr.mon. bot in jotnl :,nit.:")'. a: I t:.r ""hi , tiole. in=••· doom and d.-tn.!nd whkh the .r•nlorllu in and to the rcal p!llpt1i1, lo,gech« "ith impr!'\ :men!>. If •ny, siena::. l\·in~ Uld bt.ing in the Cwnty ••f Garfie).d .. ><l Slate llfC,>lOOiw. dt,:cibed u rolk!v.-.: 'l'ha ·~ rl:lal prcpcrt ~· uescril.Jed on Exllibi t A attacht!d hereto and incorporated h cr :in ~~ t~!s reference TO H. WE .".NO TO HOLO the utllC . "'~chtr v:ith olll and >inJ11•l>r the •ppnrltna!K'es and privilcce; thertuncu bt.longiog ocln ~nr-. i .. ( ch.:rcotll,• C.(l?trt:Un:n •. rnd a IIIII< cswe. rijlh\.licle. inlcreu•nJ cl••m Wol >I<Oe¥CI, oflht sr•n~•r. eitheroo law orequily,lo the ~>nly ron>p<o u•c . benef.t one! behc cf of th< gnro\<e>. the ir h<lu &Jld ~tc<i&n• fore, :r 'fht s in~ulu number shall inc lude th e plutal, I he ,>lur.l! th~ >in~ula r. •nd the u;c nf r:.~:· guider &h•ll b: lprE~I< let :.11 gen<kt>. IN WITNES S I:{HI·~E')F. -71 _.a rannr h.• eAuoltd thi s di.«l <J11 th e tl•te sd forth •lxT•"<. > .,(; -:1 ;, -~ ..... ·,./.::.X..:.~.~ . c.~.:.r) .. n. H.lTI____ --·-----------------··-- } T ~. {u,t~oin~ irulrll .. .,nc .v.•• ...-kn.,-·k:d~C<.I I>': fun: lilt lhll •. ~ 1 J •• , ~ .GarJ D. H ~i ~ ~~d Ka~un K. Hill. ··-·--·-...:.!..:.: ·~:._ .. ....Ll.u...!~ __L._:.. ;_!'. . ! '·I . ....... !' ... ~.:.. ...... -UHIIIJ A ·~~ r~-..;·~~~·~ i Sovtt\, ~angt 91 Wut of the fitt'l P.•( -s:~-ttc~ 1': ~~~~~ &ifl~•l/4; HWlt~S£1/~i HEll• ~cu~~' 1,~ :-· 'w tr~l}( ~•cept ing thercfrm th•t put of t~~ SWl/4N\ll/4 or Sect ton lS l,~~~ ~f,J b~lng on the Eu hr ly s I~ of the centtr of tt.e qulch kno wn •\ ~~r Hollo~. •nd South of tt\e t~nter line of 1 gulch emptying into s•id Dry M~ilow r~•r lhe N~rth slde or satd SW1/4HW1/4 of Sectlon 15. · • s.~• •I.\"' 1o: !PJ~,.,.ti(; 'lliUZ.SW!/4; and that part of th~ Htl/~t."'Wl/4 l.Y1ng .westerly cr lh~ Courtt,y R:Jad. r.r.\:!f>~I~ t~c:-e~rc:n all the property ,u d~(,U i~ed !n Warranty Oeed to Jol.n {:. 1~\·::0r..,e!l <an .. ~ l~rr.v A. Schultz rt.:::.cr~c t: '::l 8oti!t> ~8.? ~t Page 749, trtes.c,. I bed n: ;,. ,.,.eel of Jc\nd sit1.1atrd in tht Ul/2HWl/4 of Section 10. To.,n~h\p 7 South·, ~.,;~ 92 ~~~t of lht 6l~ P.H. lying South e rly of the North~rly line or \~id ~~t!~o n 10 ~~d W ~sterly of th~ ~!Sttrly r i ~ht of ~ay fence of a County Road n c~~str~ctN tr·:S in place, u id p~tul of hrld ls described u follo ~s: .!~;;~~i n~ It 1 point on tht Northerly line of s~\d Section 10 ~hence the ·S.~·.;:i~.-; (')rn.:r C()n"l:>n to Sections 3, 4. 9 , and 10 in said lv~~hip and ~z~:;~ •,:~~trs: S . 89"20'42• W. 9~l.Ol f~tl; \he ncto H. 89"20'(l• E. along lh~ Jl•~6'"~!'1erV~ !i n~ Qf u\d Sr(tion 10, lZ67.17 fee to • point on utd Co•J n \y ~..,t.: r.-!-sM of tt~y fence; thtnct 1long ~ll\d right or way fencl! S . 36.3(''~~· .~L .nL.::: ~1':"\!t; t.ht'lce ~-24"0l'Jo• Y.. !S~.l6 f~e-~.:. thenc ;: s. 36·u·sr \l . ~t t.!G fee t; th~nce S. iS"l6'S3• W. l6~.~a feel; thence S. 23.16'11• ~. ~Zl.6Si fe~!; thence lea,i~g 51id rlg~t of W4f fence S. 89.20'42• W. l230 .P.~ tlf.~~; t~tr.ce N. 3S.40'·U· £. 103.11 feet; ti ;!"~e N. 17.}(}'5('" (. 4!1?.43 f~et ; =bt~ct M. 17.06'12• £. 201.85 fee•: then:t N. 3~"01'2S• E. 438.Q) fnt: th~""' N • .cg•sz•cr £. 20~.91 fttt ~o ~point on lh~ Northerly li tH: ·o! ~··i~ ~ctlor. 10, thr point of btgiMing. (.:;,')~':11 f:' ~q' J El 0 ! P ::i € c.; cou~,;;; o 1 ~~~H,t-' ... 1-1 1t" .,n datch ~l\t4 ditch right\, wlttr l:nd ~ater r\9~\~ ,I!;< . .;J ·~'~IJt r-~.'~ ~~; or usM In (.onntct \on wllh thl~ prop~rt.y. \nc.ludln!;. t,v\ ~~~f~H~ ·~;...,.:~~[.\o ~: ~ .• l~--t> ~"':e-.1~"~ ~.nt~ ll..:.hr OHr.h ~crrt tntcrC'd lkc ~1fl btr 8, 1911, 'hll !I<:H~;: b. J:i~J. thtr.l\ llo. ·90B&h~ ~proprht\on Cult A.,rtl 1. 19oq . '''"" H-.1 IM . U)AAA.l, l.l ch for the p\trpor.t of trrlge~t lon. ·.::,··1..~ T<~~t ,-1~ ,...,~ Oftfl·'-tlf ~harn of t~t Otvldt (r ('ek H\~h Un, D\.tch ~l.:> ~·•r.y. t t4lM•·10 C()tpO-I'I t f~. Account Number R023435 Parcel240109300011 Assessed To IJILL, GARY D & KAREN K 7715CR331 SILT, CO 81652-9687 GARFIELD COUNTY TREASURER Certificate of Taxes Due Certilka\e Numlx:r 2009007934 Acres 1035.48 Ordcf Number Kokopclli Loop Pipeline, Phase II Vendor ID Coun\er Legal Description Situs Address Section: 9 Township: 7 Range: 92 SEC. 9 EI12NE, Sl/2. SEC. 10: WII2WI.'2(138.07A). SEC 15 : 002473 336 COUNTY RD,2473 JENKINS NWNW, TIL\T I'TOF SWNW CONT 17.45.\CLYING W DRY HOLWWCRK. & NLY OFACIL CUTOFF OF THE GULCH INTO DRY HOLLOW CRK. NEAR THEN. LINE OF SWNW. SEC. 16: N2, N 2SW, NWSE. EXCEPT .'\ TRCONT .17 .t.C AS DESC IN 1036/318. ALSO\ TR CONT .13 AC AS DESC rN 10361316. . Year Charges Billed Payments Balance 2010 Tax $1,878.40 Sl ,878.40 .$0.00 Grand Total Due as of0?/26/2011 $0.00 Tax nilled at 2010 Rat~ for Tax Area 023. 2HD·SF. 023 Authority Mill Levy Amount Values Actual Asses sed GARFIELD COUNTY 11.4530000 $-178.95 IRRIGATED LA..'ID-$71\,590 $21,630 GARFIELD COUNTY-RO.\D & B 1.4680000 $61.39 AORlCLTRL. OARrLELD COUNTY ·SOCIAL SE 0.7340000 $30.70 MEADOW HAY LAND ·AORIC:L TRL $1,360 $390 BURNING MOUNTAIN FIRE • OEN 6.1020000 $255.19 WASTELAND $).720 Sl,080 COLO RIVER W A TBR C'ONS 0.1880000° $7.86 FARM/RANCH Sl\8,33 0 S9,420 WEST !)!VIDE WATER CON 0.0480000• $2.01 RESIDENCE-IMPS GRAND RIVER HOSPITAL 5.0820000° $212.53 OTHER BLDGS.· $3:1,060 S9,300 SCHOOL D!ST RE·2 14.4650000 $604.94 .:O.GRICULTURAL COLORADO MTN COLLEGE 3.9970000 $167.16 Total S230,060 S41,820 GRAN[I RIVER HOSPITAL -llOND 0.5150000 $21.54 GARfiE.LD CO UNTY PUBLIC LIDR 0.8640000° $36 .13 Taxes Billed 2010 44.916000 0 $1,87!!.40 • Credit Levy All Tax IJen Sale amounts are subject to change due to endorsement of current taxes by the lienholder or to advertising and distraint warrant fees. Changes may occur and-the Treasurer's Office will need to be contacted prior to remittance after the foiiOYitng dales: Personal Property and Mobile Homes· September 1, 2011, Real Property-September 1, 2011. TAX LIEN SALE RI:DEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Sped a I taxing districts and the boundaries of such districts may be on file with the Board of County Commissioners, the County Clel1<, or the County Assessor. This certiHcate does not In dude land _or Improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax oolectsd on behalf of other entities, special or local Improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the enUre amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the re«)(ds In my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof. I have hereunto set my hand and seal. Jul 26, 2011 1 :25:58 PM Page 1 of 2 STATE OF COLORADO COUNTY OF GARFIELD PIPELINE EASEMENT § § § This Pipeline Easement (the "Agreement") is effective as of the Effective Date and is entered into by and between Marvelle P. Couey and W. Kelly Couey, (hereinafter the "Grantor"), whose mailing address is, 6275 County Road 315, and 4745 County road 315, Silt, CO 81652 respectively, and BARGATH LLC , (hereinafter the "Grantee"), whose mailing address is 1001 1 ih Street, Suite 1200, Denver, CO 80202. FOR AND IN CONSIDERATION of the sum of One Hundred and No/100 Dollars ($100.00) and other good and valuable consideration in hand paid , the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, warrant and convey and assign unto Grantee, and its successors and assigns, an exclusive easement and right of way for the purpose, at any time and from time to time, of surveying, clearing, excavating, installing, laying, constructing, maintaining, inspecting, operating, altering, repairing , testing, replacing, relaying, changing the size of, relocating, and removing and/or abandoning in place a pipeline or pipelines, and appurtenances, along with ingress and egress, for the transportation of oil, gas, petroleum products or any substances which can be transported through a pipeline, and erecting, maintaining and removing drips, valves, fittings, meters, cathodic protection and other equipment and appurtenances as may be necessary or convenient for such operations, and if necessary, to construct, maintain, operate, remove , upgrade and replace electric power and/or communication and control facilities (all rights granted herein being collectively referred to as the "Purpose", and all of Grantee's personal property being collectively referred to as the "Pipeline Installation") on, over, under, through and across a strip of land FIFTY feet (50') in width (the "Right-of- Way "), located all or in part of Section(s) 8,17, and 18 of Township 7 South, Range 92 West and Sections 13, 23 and 24 of Township 7 South, Range 93 West of the 6th Principal Meridian,. Garfield County, State of Colorado. Tax Parcel Number (s): 2401-084-00-129, 2401-171-00-234, 2401-172-00-188, 2401-083-00-199, 2401- 172-00-026, 2401-184-00-131 Bounded substantially by land s now and/or formerly owned as follows: North : Nancy S. Pitman and Barbara A. Pitman Revocable Living Trust, and Walter and Walker Roles . East: Gary D . and Karen K. Hill. West: BLM South: Shideler Land and Cattle Company, and Barry Shideler. Notwithstanding sa id Tax Parce l Number (s ) designation, this right-of-way shall be effective as to th e tract(s) actually owned by Grantor whether or not the Tax Parcel Numbers correctly identifies the location of the tract (s). Attached Exhibit "A" describes further said boundaries for this property. (herein referred to as the "Property"). Upon completion of the installation of the facilities installed under this agreement hereunder, Grantee shall record an as-built drawing in order to provide the location of said facilities. TO HAVE AND TO HOLD unto Grantee, it s succes sors and assigns, such grant to be for the Purpose granted herein for as long as a pipeline is maintained thereon by Grantee, its successors and assigns. This Agreement is made subject to the following terms and conditions: I. 2. 3. 4 . 5. 6. 7. 8. 9 . TEMPORARY ADDITIONAL WIDTH : During temporary periods, Grantee may use an additional twenty-five feet (25') Construction space as is reasonably necessary or convenient at locations such as roads, streams, ditches, or specific areas which require more difficult procedures, during its exercise of the Purpose . Attached Exhibit "A" describes all Rights of Way and additional work space needed for construction purposes only. USE AND ENJOYMENT: Grantor reserves the right to the use and enjoyment of the Right-o f-Way except for the Purpose herein granted, but such use shall not hinder, conflict, or interfere with Grantee's surface or sub-surface rights hereunder or disturb its facilities without the express written consent of Grantee. CONSIDERATION: Grantor and Grantee agree that the consideration paid for this Agreement is also the full , complete and final payment for the enjoyment and use by Grantee of its rights hereunder and final payment for any and all injuries and damages of whatever nature and character to land, crops, timber, fences and improvements on, over and across the Property occasioned by the initial construction of the Pipeline Installation . Grantor hereby covenants that any and all claims that he has or may have because of the Grantee's construction operations on the Pipeline Installation on the Right-of-Way have been paid and satisfied in full. Whenever lands are disturbed by Grantee during times of pipeline construction or maintenance, at a suitable time after work completion, Grantee shall reclaim and reseed the land and repair any damage to fences and other structures, as well as crops, timber and pasturage of Grantor that may subsequently arise from the exercise of the rights herein granted after the initial construction. Should a second pipeline be laid under this Agreement at any time, an additional consideration, calculated on the same basis per acre paid to Grantor in connection with this Agreement, shall be paid for the additional pipeline. INITIAL DEPTH OF PIPELINE(S): Grantee agrees to initially bury the pipeline(s) so that the top of said pipeline(s) will be buried at least thirty-six inches (36") below the existing ground level contour at the time of initial construction. In areas of rock concentration or where it is difficult and not practical to bury the pipeline that deep, the pipeline(s) shall be buried so that the top of said pipeline(s) will be buried at least eighteen inches (18") below the existing ground level contour. FENCES. GATES AND ROADWAYS : Grantee shall have the right to install gates or fences around any above-ground portion of the Pipeline Installation. If there are gates or roadways now existing along the Right-of-Way, Grantee shall have the right to use such existing gates and roadways in the exercise of all rights conferred herein . OBLIGATIONS ON TERMINATION : When said Right-of-Way is no longer useful , necessary or convenient to Grantee for the Purpose described herein, Grantee shall execute and record a release of this Agreement. ASSIGNABILITY: This instrument and the covenants and agreements herein contained shall be assignable in whole or in part. 1 j <;) ~L Cll Cro.n~ ~ w K c. ARBITRATION: if for any reason Grantor and eeee~ should have any dispute associa ted herewith, and three month_.S-tp~re~ter ~~~ pcy.!j~s t_tf4 1unable to reach mutual agreement to resolve all is sues, then Grantor an ~aa~ ag1ee tore'~Stve -cfill"y and all remaining disputes through binding arbitration as ascertained and determined by three disinterested persons, one thereof to be appointed and paid by Grantor; one by ~..R}el ~J):)e tEirf! appointed by the two aforesaid with payment equally shared, and the award of tf)e tnree ~pns shall be final and binding. COOPERATION: Grantor agrees to cooperate w ith Grantee in obtaining any permits, licenses, permissions or approvals , including but not limited to driveway permits, highway access permits and land use permits (hereinafter "Permits"), which Grantee deems necessary or convenient to conduct, certify, confirm, evidence , facilitate or effectuate the Purpose . Grantor agrees to join in the application for any such Permits if Grantor's signature is required in the application process. 10. INDEMNITY: Grantee does hereby covenant and agree to indemnify and hold Grantor harmless against any and all losses, damages, claims, demands and suits (and all reasonable costs and expenses incidental thereto, including court costs and attorney's fees) that Grantor may suffer to incur or to which it may be made liable (collectively, "Claims"), to the extent that such Claims are incident to, or connected directly with, Grantee's performance or exercise or failure to perform or exercise the Purpose contemplated or operations hereunder, EXCLUDING all losses, damages, claims, demands and suits resulting from the negligence, gross negligence or malicious acts (or omissions) of Grantor, its agents, employees or representatives. II . ENTIRE AGREEMENT: This Agreement constitutes all of the agreements and stipulations of the parties pertaining to the subject matter of this Agreement , superseding all prior agreements , representations or understandings, whether written or verbal, and may be modified or amended only by a written agreement signed by both parties. 12. SEVERABILFfV. -IA-U:te Q>J8At-aAHFGIAsieA-GHi~,:ije~A¥-P~9A-eHtri~reemeAHG ~d by a seurt of competent-ju~diGijeA-te-Be-itweHd-et-ttAeffieFGeable by rsasoA-ef-a~w-e r -publiG-f30iiay;-st:f~FGWsieA-e~oftierrthereekhall-be cor rsider ed to-be-deleted;-amtthe rerrraiAEieF- -ot-tb~reemenl.shall canstjlt!le the entl~~IJ~er;ttfetween GranJ and Grantee covefinQ-t~e- 6YBjeoHAflltef-AereGh--w t< c.. VJfJ . r . 0---s , 1 . 13. COUNTERPARTS: This Agreement may be executed by Grantor and Grantee in two or more counterparts, each of which shall constitute a n original, but all of which shall constitute but one and the same instrument and each Grantor shall receive payment hereunder in such proportion as his/her respective interest bears to the entire fee simple title. 14 . No Gas or other hydrocarbons from the Grass Mesa or Hunter Mesa Units shall be transported through Pipeline without prior written permission from the grantor. EXECUTED on the dates set forth in the acknowledgments, but effective for all purposes as of the day of, 2011 (the "Effective Date"}. GRANTOR (S): ~;~~~ W. Kelly Couey w.·1{4S ~ GRANTEE: ~~ By: Sandra J.~rd Title : Attorney in Fact STATE OF COLORADO COUNTY OF GARFIELD ACKNOWLEDGEMENT ) )SS: ) On this, lc1 ~ay of September, 2011, before me a notary public, personally appeared Marvelle P. Couey and W . Kelly Couey, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that they executed the same for the purpose herein contained . IN WITNESS WHEREOF, I hereunto set my hand and official seal. STATE OF COLORADO COUNTY OF DENVER cc»\\1DQQd) a,.ff\1 ~d.-n Notary Public My Commission expires: 0 -I l'1 ; 1 ') ) )SS : ) The foregoing instrument was acknowledged before me this d 1 day of September, 2011 by Sandra J. Hotard, Attorney in Fact for Bargath, LLC , on behalf of the corporation. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ll<Jotary Public My Commission ex pire s: \0 h \ / ~\d EXHIBIT L ( _j_ or--lfl> ' i'tfhefiand made a part of that certain Grant of Easement dated ·--; by and between Marvelle P. and Kelly Couey and Bargath LLC SECTIONS 8, 17 & 18 TOWNSHIP 7 SOUTH, RAJVGE !J2 WEST Rnd SEC/10NS 13, 23 & 24, TOWNSHIP 7 SOUTH, JlAJVGE 93 WEST of tile 6111 PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO 6 s 7 8 AC 7 8 18 17 + SCALE J" -1000' 600' 0 1000' .JL FOUND MONUMENT a SECnONCORNER c¢d FOUND MONUMENT 11~ OR 1116 CORNER Q OTHER FOUN D MONUMENT CORNER NOTES: 5 8 ltfii.RVELLE COUEY S88'42'59"E LEGEND BC BRASSCAP AC ALUMINUM CAP PC PLASTIC CltP I!' IRONPIPE • PROJECTED OR CALCUlATED LOCATION SECTION CORNER 1.) DRAWING REFERENCED TO NAD27 DAlUM STATE PlANE COORDINATES COLORADO CENTRAL ZONE. ALL DISTANCES SHOWN ARE GRID DISTANCES. 2.) APPARENT LANDOWNER INFORMATION SHOWN HEREON BASED UPON GARFIELD COUNTY RECENT AS SESSOR PARCEL MAPS AND PARCEL RECORDS AND RECORDER OFFICE DEEDS. RIFFIN & ASSOCIATES, INC. 1414 ELK STREET, ROCK SPRINGS, 1-W 82901 PHONE (1107) 1162-5028 REVISION 3 ·DATE: 9112111 D.R.O.JOOI 18108 REVI SION 2 ·DATE: 8124111 REVI S10111 ·DATE:II/11111 DC 5 4 8 9 AC --6-------- MARVELL'E {8/10) &KELLY(:l/10) COUEY !ll N ~ :t o ~ GA.RYD. z ~ &KARENK. ~ HILL Cll PROPOSED PIPELINE "A" RIGHT·OF·WAY GIL PROPOSED PIPELINE RIGHT-OF-WAY STATEMENT OJ<' SURVEYOR: CHARLES F. WOODSTitTESHEISBYOCCUPAnONA PROFESSIONAL LAND SURVEYOR EMPLOYED BY BARGA rn LLC TO MAKE It PRELIMINARY SURVEY OF THE PIPELINE RIGHT· OF· Wit Y ItS DESCRIBED AND SHOWN ON THIS EXHIBIT. CONSISnNG OF 18 PAGES; ~T THE SURVEY OF SAID WORK WAS MADE UNDER HIS SUPERVISION AND AUTHORITY, COMMENCING AUGUST 16, 20 10; AND THAT SUCH SURVEY IS ltCCUR/t TEL Y REPRES£ • MAP. ~~~ .... q!f~ ••· t • ~to;; BARGA1H LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RIGHT-OF-WAY FOR A PIPELINE SITUATED ON LANDS OF MARVELLE P. AND KELLY COUEY SHEET 1 OF 16 EXHIBIT L cl_ or-1.&> CJ ·-t{ttached to and made a part of that certain Grant of Easement dated / -1/. by and between Marvelle P. and Kelly Couey and BargaU1LLC SECTIONS 8, 17 & 18 TOWNSHIP 7 SOUTH, RANGE 92 Jn:ST snd SECflONS 13, 23 &-24, TOWNSHIP 7 SOUTH, RANGE 93 WEST of tile 6tl1 PRINCIPAL MERIDIAN, GA.RFIEW COUNTY, COWRADO IIC 7 8 18 17 1320.41' MARVELLE COUEY S88'42'59'E ~ JJIARYELLE (8110) L \ rl·l ~ &-RELLY (1/10) -.2: ! COUEY '-'"" :;-.@ en POB ,.. <-. L4 _;,r • Pl L7~~ ~ r "' ~9 a> 8 9 AC 5281.65' 1320.41 ' ~ ...., ---~ T7S + SCALE 1" ~ /000' 500' 0 1000' 18 17 17 16 ~ 0 20 21 19 20 LINE TABLE· PIPELINE 'A' LINE BEARING DISTANCE LINE BEARING DISTANCE LINE l1 S70'41'46'W 6.50 L16 S88'22'<43'W 199.38 L31 L2 S37 '16'37"W 115.81 L17 S52'04'12'W 249.67 L32 L3 551'32'57'W 251.14 L18 S70'26'35'W 577.36 l33 L4 S63'30'36'W <465.92 L19 N82'22'37'W 150.88 l34 l5 535'33'36'W 101.25 L20 N82'22'37'W 101.68 L35 l6 S06'56'26'E 2<47.13 L21 N86'02'53'W 680.49 l36 L7 S30'02'13"W 2.14 L22 524'21'15'W 119.62 L37 L8 S30'02'13"W 69.65 l23 507'53'01"W 365.75 L36 L9 N88'2G'46'W 784.69 L24 504 '12'09"E 100.66 L39 LtO S71'52'56'W 291.76 L25 514'31'23'E 14<4.73 L40 L11 S86'44'37'W 110.51 l26 S69'04'01"W 271.13 L41 L12 N65'10'07 'W 287.13 l27 S57'05'33'W 80.24 U2 L13 S 66'35'36'W 419.61 l26 539'<45'16'W 199.46 L43 L14 S28'39'47'W «7.79 L29 S05'36'07'W 197.09 l44 L15 S09'30'11'W 148.93 LJO 500'14'15"E 378.39 L45 RIFFIN & ASSOCIATES, I NC. 1414 ELK STREET, ROCK SPRINGS, WY 82901 PHONE (SOl) 362·5028 RE\IlSION 3 ·DATE: 9112/11 D.R.G.106118 108 RE\IlSIOtl2 ·DATE: 1112<1/11 REVlSION I • DATE: 8/11/11 IJAAWIHG BEARING DISTANC E LINE BEARING DISTANCE S09'49'22'W 124.84 l46 S 77 '37'56"W S61 '11'53'W 53.08 L47 N82'51'46'W S61 '1 1'53'W 260.36 l<48 N67 '06'53'W S55'50'29'W 168.25 l<49 N79 '27'37'W S46'36'36'W 430.79 l50 N73 '17'37'W S66'09'11'W 399.<46 l51 S69'57'17"W S72'57'53"W 154.95 l 52 S57'W2'l:'W SS5'50'02'W 169.6-1 L53 S68'03'28"W SS5'50'02'W 11.96 L54 N85'17'18'W S86'18'25'W 171.24 L55 S54'46'14'W S54'42'05'W 96.13 L56 S51'05'51"W S29'46'01"W 215.48 L57 504 '06'38'W S61'16'46'W 67.44 L53 589'06'3B'W N85'48'04'W 282.65 S87'36'36'W 174.82 BARGATH LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RIGHT·OF·WAY FOR A PIPELINE 5ITVATEO ON li\NDS OF MARVELLE P. AND KELLY COUEY 172.23 213.27 158.65 193.74 165.3-4 143.15 223.23 209.48 160.47 104.20 109.16 116.83 26.16 DRAWN IN: K\4L I DATE: 7119111 APPROVED BY: CFW I DATE: 9114111 CHECKEO BY:LGB I OATE:911311 1 I SCAl.E: 1'•1000' ~m:R: 18108 -CO UEY-P LROW SHEET 20F18 EXHIBIT~ (3 · of~ 9 Atlf£hed to and made a part of that certain Grant of Ea sement dated ___ ../_--'-1-c:t...:.+--:_Lj__ by and between Marvelle P. and Kelly Couey and Bargalh LLC SECIIONS 8, 17 & 18 TOWNSHIP 7 SOUTH, RANGE 92 WEST Blld SECIIONS 13, 23 & 24, TOWNSHIP 7 SOUTH, RANGE 93 WEST of the 6U1 PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO R!J3W AC R92W AC 7 I 12 7 N89'~8'57'E 15&5.-42' 7 13 18, l8T I ~ I ~ -1 ~ gl p 0 z I SHAEFFER, L1D 1 I N89'49'11'E 2698.72' NANCY& BARBARA PITMAN TRUST 8 18 17 132~ ~ l20\ ~ l21 l.~ --...: !!.-"'' ~ ~4 r\ ~\~ APPARENT ~ "'"' ~ PROPERTY ib IJ.~ ~ ~1 KELLY ~ STONE I STON!l 0 I I LINE (TYP.) .:J MARVELLE~~ I ~ l29 COUEY ~~ 13 18 1 + -46.00' ... ------I ~ /l'/7/J77T77/nn. /l'/Th?'777T/nn"~'''"'~<;<..~ ~---- WA.L1FR ~ rn 1 rz SHAEFFER, J,1D ~ ,._<, \.. L32 WALKER ROLES .., " I ~ ..;,~ _ ~ 1 z '}.u l 33 C/l PIPELINE "A" ~ Cll PIPELINE ·a· 8l ~~ z L41 L-40 \J>1 \.. -RIGHT-OF-WAY ~ RIGHT-OF-WAY g: N ~~~5 \ n. ,._co MARVELLE~ ~ ~ CD I j:: \.~ L49 ~· v . ~ PO~~N 51 l~ -;.. ( h ..1:.47 L-4~ " ~ L3 9 NELLY ~ ~ L59 _;I I :cl.s3-J;)'~-56 L., ...,..L"6 L-14 "~~ ~ . L COUEY N -m npmn. _SI ~""'--L56 ~»>>->»»»>»»>>m~»>n'»»>»'»>~ . ~~1.G7li~$ '0 r-I "l57 I w . "\ 1 !\.\.fA ~ I l "L56 S13'18'39'W MARVELLE (8/10) ~ l69 LG4 l.63 -3> !ll ~!?~POT 1277.80' .t KELLY (1/10) ~ on :: JANETGRATWtf, COUEY • MARVELLE (8/10) & KELLY {1/10) COUEY !tfARVELLE {6/10) fo STEPHEN /llcDERM01T, ~ .t J(ELLY (1/10) 8 I z MARY ELGILtNDOUR & COUEY z I ~ CHERYL GIUFFTTT1l 13 18 t 1337.36' N81'02'39'E 2607.~8' 24 19\: 2674.72' 18 17 + SCALE J" • 1000' 500' 0 1000' S69'43'36'E 4289.53' 19 20 I AREA I EWSII USEAGE I SQ FT !ACRES! NOMII'W. SIZE MARVELLE COUEY (8/101 & KELLY COUEY (2/10 1 ISKA.RP PI I 935 0.021 25' W X 37' L 13 ISKA.RPPI I 17,315 0.398 25'WX693'L ITOTALAREA I 16,250 0.419 MARVELLE COUEY 2 STEEP DESCENT, CREE K CROSS!~ 3 STEEP ASCENT, CREEK CROSSI~. SKA.RP PI -4 SKA.RP PI, TREES TO BE SAVED 5 STEEP DESCENT 7,670 10,911 11,894 17,558 0.161 50' W X 157' L 0.250 5(f W X 216' L 0.273 25'WX-476'L 0.'\03 25' W X 335' L 5(f W X 18ol' L ITOTALAREA ~8.233 1.107 MARVELLE COUEY & KELLY COUEY 6 STEEPDESCENT -4,751 0.109 WWX95'L 7 STEEP ASCENT OOAiw.GE CROSSING 11,67-4 0.273 5(f WX 237' L 8 SKA.RP PI, ORAJI-W3E CROSS!~ 12,372 0.28ol 50' W X 247' L 9 StWU' PI 3,289 0.076 25' W X 132' L 10 StWU' PI 8,8o42 0.198 25' W X 346' L 11 SKA.RPPI 15,78ol 0.362 25'WX631'L 12 SHo\RP PI 3,956 0.091 25' W X 156' L TOTALAREA 60,671 1.393 RIFFIN & ASSOC/A TES, INC. BARGATH LLC KOKOPELLI PHASE II PIPELINE 1414 ELK STREET, ROCK SPRINGS, WY 82901 PHONE (307) 362-5028 REVISION3 -DATE:9112/11 O.R.G.JOOI18108 REVISION 2-DATE: ll/24111 REVISION I -DATE: 1!111/11 ORAWH 8Y: KMl I O ... TE: 7119111 I APPROVED BY: CFW I D ... TE : 911411 1 aieCKED BY: LGO I o ... rE: 911311 1 I sCALE: 1' •1000' OIIAYNlG A PROPOSED RIGHT-OF-WAY FOR A PI PELINE SITUATED ON LANDS OF MARVELLE P. AND KELLY COUEY tu.un: 18108 -COUEY-PLROW I SHEET 30F18 EXHIBIT _{j_ (i_ of--10> rz... A~ched to and made a part of that ce rtain Grant of Ease ment dated -/ -(J___ by and between Marvelle P. and Kelly Couey and Bargath LLC SEcnONS 8, 17 & 18 TOJVNSillP 7 SOUTH, RANGE 92 WEST and SECTIONS 13, 23 & 24, TOWNSHIP 7 SOUTH, RANGE 93 WEST of tile 601 PRINCIPAL MERIDIAN, STONE II 12 t4 13 --- GA.RFIEW COUNTY, COWRA.DO 12 BC I I I I R93W AC R92 W 12 1 N89 '~8'57"E 1585.42' 7 13 18 I I Rl I II) ~~I SHAEFFER, LTD I I i 31 j ~ I j I I I 1 STONE 1 ---------r---r I -----13 181 ~,,,.,./7/177777"/nn+, : WALKERROLES ~: ""CIL PIPELINE'A' I 14 13 1 WALTER & • ~~ SHAEFFER, LTD r----~ / cJL PIPELIN E ·s· 3! ~~ RIGHT-OF-JWAY I I ~ I li ~ .,.!.49 I RIGHT-OF-WAY ~ N ~~55 \ I I ~OB t)l ~54 ~LS()~~ ) _j J l ~ 1.53 "C;)'l-'-'f.Q~---.,:r --pn7m r ~ "-L56 -:----\ I ~._// ..... <;:) L68l.6fl:i . f'...'-L57 I . ~ Cll PIP ELINE : JYALn'R & "\ .j L69 :!l ~.'-Lsa I ' /Ri GHT-OF-WAY I JYAlJUi'R ROLF.S "\'!> ""' L&l -~ -J:OT f ~ ' . 'v v 10 ~ JA JVETGRAHAM, 1 1 I Cll PIPE LIN E ·~· IIIARVELLE (8/JO) f;:; STEPITEN /JfcDERIIfOTT, 1 1 RIGHT-OF-WAY •VC;) ,$ &KELLY{1/JO) g z llfARYELCHANDOVRII \ I I COUEY z ~ CHERYL GR/FF/711 14 13 BC''.., l AC L76RJJ;i~46.60' N87'02'39'E 2807A8' 13 18 t. 1337.36' 1 24 S88 '26'54"E_ 1 S86'38'22'E~2,4 BC 24 19 '\ S 69,'43'36'E 4269.53' 1305.01' 1 1302.46• ~ nc "277.45 .-4 ~ Cll PIPE LINE: 'C' POT "" Cll PIPELINE RIGHT-OF-WAY DIM { ~ RIGHT-OF-WAY LIN E TABLE· PIPELIN E 'B" + LINE BEARING DISTANCE LINE BEARING DISTANCE L59 562'58'41 '\V 103.47 L69 S70 '59'35'W 103.20 L60 S70'43'09'W 192.22 L70 S46 '30'0 1'W 237.93 L61 S61 '43'08'W 169.20 L71 S55'58'01'W 171.13 L62 S43'06'27'W 90.08 L72 S45'56'56'W 141 .08 L63 N69'05'f3'W 2H .87 L73 S52'1 3'38'W 301.03 SCALE r = 1ooo· L64 N83'09'19'W 125.31 L74 S36'55'27'W 350.18 500' 0 1000' L65 N20'01 '22'W 111 .19 L75 S54 '06'05'W 118.67 L66 N72 '29'10'W 251.0 1 L76 S32'18'29'W 181.06 L67 S88'45'10'W 238.67 L77 S18 '21'40'W 190.57 L68 S80 '56'03'W 323.88 L78 S26 '54'30'W 55.63 EWS FOR PIPELINE "B" I I AREA EWS II USEAGE SQ FT !ACRES 1-K:>MINAL SIZE MARVELLE COUEY {8/10) & KELLY COUEY (2/10) 11 J BENCHNG, TOP SO IL STORAGE I 41,991 I 0.964 25' W X 1680' L I TOTALAREA I 41 ,991 I 0.964 RIFFIN & ASSOCIATES, INC. 1414 EL.K STREET, ROCK SPRINGS, IW 82901 PHONE (301) 362·5028 REVISIOII3. DATE: 9112/11 O.R.G.J08J 18108 REVISIOII2 ·DATE: 8124/11 REVISIOII1 ·DATE: 8/1111 1 OOAW»DY:KML _I DATE :7/19111 I APPROVEDDY:CfW I OATE:!lllol/11 CIIECKEO OY: LOB I DATE: 9113111 I SCAlE: 1' •1000' OAAY"I<l BARGATII LLC KOKOPELLI PHASE II P IPELINE A PROPOSED RIGHT·OF-WAY FOR A PIPELIN E SlnJATED ON LANDS OF MARVELLE P. AND KELLY COUEY ~ANBER: 18108-COUEY-P LROW I SHEE T 4 Of 18 EXHIBIT~ (_2i of.-LS-> C) Alltched to and made a part of that certain Grant of Easement dated -I -(_j__ by and between Marvelle P and Kelly Couey and Ba rgaU1 LLC SECTIONS 8, 17 & 18 TOWNSHIP 7 SOum, RANGE 92 WEST a.nd SECTIONS 13, 23 & 24, TOWNSHIP 7 SOUTH, RANGE 93 WEST of tire 6th PRINCIPAL MERIDIAN, GARFIELD COUNIY, COLORADO :V ,' • lcuopeu~1 JlfARVELLE (8/10) GRETCHEN 12•66 ~F CIL PIPELINE 1 RIGHT-OF-WAY '\C':l -....~ DUJifAS RIGHT· F-WAY 1 " ·v v .t KELLY (1/10) 14 sc ss8'53'02'E 262:~;~ ~c, I lA c L78 & .,~346•60' COUEY 13 18 N67'02'39'E 2607.~8' ' 23 131~.41' ~· 1241.74' -~ 24 S88'28'54;E_ 1 S88'38'22"E ~~24 BC 24 19 ~ 1.9 \.94 w 1305.01' l 1302 .46' ~( BC NANCY .t ~ c;-• N ~y. ~ POT BARBARA " L 3 ~ "": TIMOTHY DU.I ·~ ')-'0 P:J::S: ~ ~ ~ ~ & IDA ROE :50.~· t'? ~~ ~ C1L PIPELINE ~ ('&> z 1 , AC / POB ~ RIGHT·OF·WAY J ,., ~'II;,12Z30"W 1262.27' i Tl77T7/nn >?'/13nJ.Vn" n t:76in77777nff/ L87 L06(6' l '\ 9'22'30'W w :s t.o. 6'< MARVELLE (8/10) .t kJ N ;:.. L84 i3 'v'b\ LOO KELLY (1/10) f...~ 0> r-1 • COUEY ':t g ;::: CIL PIPELINE •c• b -~ RI GHT·Of·WAY fRI'ELLE (Ill.)& Z IlELI,Y (1/10} 23 24 COUEY 24 19 !.l.ULUU/U , ------------ ~ ~ I z + DU.f I ~ ~ ~· DIM SCALE 1". 1000' ~ 500' 0 1000 ' ~ 23 24 24 19 26 2S 2S 30 LINE TABLE· PIPELINE C LINE BEARING LENGTH L79 S54 '4T16"W 205.41 LOO S07'22'03"W 170 .81 L81 S59 '50'09"W 230.79 EWS FOR PIPELINE "C" L82 N55'01'19"W 195 .75 I AREA I L83 N64'59'12"W 185.17 EWS•I USEAGE SQ FT lACR E~ I'OMINAL SIZ E L84 N68'00'55"W 154.27 MARVELLE COUEY 8/10l & KELLY COUEi(2110 L85 N54'28'04"W 234 .77 15 DRAI~GE CROSSII'.G, SHARP P1 20,512 0.4 71 50'W X 410' L L86 N89'17'47"W 315.96 16 DRAI~GE CROSSII'.G 8,479 0.195 50'WX 170' L L87 N69'17'47"W 87 .75 17 OMI~GE CROSSII'.G, SIJARP P1 6 ,458 0.146 25'W X 258' L LOB Nss·s1 '23·w 277 .56 18 SHboRP P1 7,312 0.1 66 25'W X 29'l L ,L89 N35.10'17 'W 267 .39 19 SHboRP P1 7,215 0.166 25'WX 26'i/ L L90 N19'42'41'W 314 .00 20 SHboRP P1 7,944 0.162 25'W X316' L L91 N29'1T32'E 267.19 TOTAL AREA 57 ,920 1.330 L92 S67'43'o45'E 64.46 L93 N87'1 0'56'E 52 .53 L94 N75.32'06'E 280.72 L95 N04.45'52"E 382.01 ~ RIFFIN & ASSOCIATES, INC. BARGA111 LLC 14 14 ELl< STREET, ROC!( SPRINGS, WY 82901 KOKOPELLI PHASE II PIPELINE PHONE (307) 362..$028 A PROPOSED RIGHT .OF· WAY FOR A PIPELINE REVISION 3 • OATE: 9/12/11 D.R.G.J061 181 03 SITUATED ON LANDS OF RE\IISIOtl 2 • OA TE: 812<4111 MARVELLE P. AND KELLY COUEY REV1SIOil1 · OATE: 1!11 1111 ORAWNDY :I<Ml I OATE :7/1 911t IN>PROVEODY:CFW I OATE:9114/It llAAWtiiG I SHE ET CHECKEO BY: LGBI OATE: 9113111 I SCAlE: 1' c 1000' WIIWt 18108-COUEY-PLROW 5 0F18 EXHIBIT _/J._ ( _la_ of__LB_, q Atl,.fh~/:i and made a part of that certain Grant of Easement dated 1--I':[-by and between Marvelle P and Kelly Couey and Bargath LLC SECJ10NS 8, 17 & 18 TOWNSHIP 7 SOIJTH, RANGE 92 lv.E.ST and SECTIONS 13,23 & 24, TOWNSIDP 7 SOUTH, RANGE 93 lf'ES'T offl1e 6111 PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO PIPELINE "A" MARVELLE COUEY LINES 8-19 Permanent ROW.· Construction ROW.· 50 Feet !»"de; 25 Feet Added l»"dth 25' Right and 25' Left 25' Right or 25' Left 3737.36 Feel 3482.61 Feet 226.51 Rods 211.07 Rods 4.290 Acres 1.999 Acres Construction Staging & Extra Worlc Space Areas: Number: 4 Each Sfze: 25' to 50' Extra Kfdth See Tobie Sheet 3 for Lengths Area: 1.107 Acres TABULATION MARVELLE & KELLY COUEY LINES 20-38 Permanent ROW: Conslructron ROI~ 50 Feel Wide; 25 Feet Added Width 25' Right and 25' Left 25' Right or 25' Left 4405.83 Feet 4370.49 Feet 267.02 Rods 264.88 Rods 5.057 Acres 2.508 Acres Conslructron Staging & Extra Work Space Areas: Number: 7 Each Size: 25' to 50' Extra Width StJe Table Sheet 3 for Lengths Area: 1.J9J Acres MARVELLE (8/10) &c KELLY (2/tQ) COUEY LINES 1-7 & 39-58 Permanent RO~ Construction RO~ 50 Feel Wide; 25 Feet Added i'fldth 25' Right and 25' Left 25' Right or 25' Left 4245.52 Feet 4192.06 Fet1l 257.30 Rods 254.06 Rods 4.873 Acres 2.4061\cres Construction Staging & Extra Work Space Areas: Number: 2 Each Size: 25' Extra Kfdth Sec Table Sheet J for Lengths Area: 0.419 Acres PIPELINE "B" TABULATION MARVELLE (8../10) & KELLY (2/lQ) COUEY LINES 59-78 Permanent RO~ Construction ROW.· 50 Feel Kfde; 25 Feet Added Width 25' Right and 25' Left 25' Left 3668.38 Feet J668.J8 Feet 222.JJ Rods 222.33 Rods 4.211Acres 2.105 Acres Construction Staging & Extra Work Space Areas: Number: 1 Each Size: 25' Extra Width See Tab/tJ Sheet 4 for Lengths Area: 0.964 Acres RIFFIN & ASSOCIATES, INC. 1414 ElK STREET, ROCK SPRINGS, VIY 82901 PHONE {SOT) 962-$028 REVISION 3 ·OATE:9/12/II O.R.G.J06118103 REVISION 2 • OATE: 8/WII REVISION 1· OATE: !1111111 DAAWH BY:l(),I_L I DATE: 7119111 !APPROVED BY: CFVI I DATE: 9114/11 CHECKED BY: LGB I DATE: 9113111 I SCALE: NOliE PIPELINE "C" TABULATION MARVELLE (8../tQ) & KELLY (2110) COUEY LINES 79-95 OAAYII»G Permanent RO~ Construction ROW: 50 Feet Kfde; 25 Feel Added Width 25' Right and 25' Left 25' Left J68S.54 Feet 3601.67 Feel 223.43 Rods 218.28 Rods 4.2J2Acres 2.067 Acres Construction Staging & Extra Work Space Areas: Number: 6 Each Size: 25' to 50' Extra ltTdth See Tabl e Sheet 5 for Lengths Area: 1.330 Acres BARGAffl LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RIGHT -Of·WAY FOR A PIPELIN E SITUATED ON LANDS OF MARVELLE P. AND KELLY COUEY HUM8ER: 18108-COUEY·PLROW I SHEET 60F16 EXHIBIT il_ (3. of~ q !A~:phe~}<tnd made a part of that certain Grant of Easement dated _ ·-_ '::J_ -: by and between Marvelle P. and Kelly Couey and Bargath LLC SECTIONS 8, 17 & 18 TOWNSHIP 7 SOUI'H, RANGE 92 WEST and SECTIONS 13, 23 & 24, TOWNSHIP 7 SOUTH, RANGE 93 WEST of tile 6th PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO DETAIL MARVELLE (8/10) & J(ELLY (1/10) COUEY COUNTY ROAD #315 CONSTRUCTION ROW(TYP.) EX ISTING GAS PIPELINE {TYP.) SCALE r "' 300' S88'42'59·E 5281.65' (SOUTH LINE SECTION 8) CIL PIPELINE 'A' RIGHT-OF-WAY RIFFIN & ASSOCIATES, INC. 1414 ElK STREIT, ROCK SPRINGS, IW 82901 PHONE (307) 962-5028 REVISIOII3-DATE: !1Jt2/t I D.ltG.JOBI 18108 REVISION 2 ·DATE: emtt I REVISION t ·DATE:Bitt/tt CIL PIPELINE RIGHT-OF -WAY 9 17 16 BARGATH LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RIGHT·OF-WAY FOR A PIPELINE SITUATED ON LANDS OF MARVELLE P. AND KELLY COUEY - SHEE T 70F 16 EXHIBIT A ( _8_ orJ..S.J Q A?fched f and made a p~at certain Grant of Easement daled Z -I -I by and between Marvelle P. and Kelly Couey and Bargath LLC I SECTIONS 8, 17 & 18 TOWNSmP 7 SOUTH, RANGE 92 WEST nnd SECTIONS 13, 23 & 24, TOJJINSHIP 7 SOUTH, RANGE 93 WEST oftl1e 6111 PRINCIPAL MERIDIAN, GARFIELD COUNTY, COWRADO DETAIL SCAU: 1• "" 300' ~ ;.:.; MARVELLE COUEY APPARENT ~ PROPERTY LINE 4 (TYP .) -"' ~ S88'42'59'E 5281.05' {SOUTH liNE SECTION 8) 1320.41' CONSTRUCTION ROW(TYP.) ~ ~ MARVELLE COUEY () ~% ~til ?.t '\)~ u~ MARVELLE (8110) & KELLY (2/10) COUEY RIFFIN & ASSOCIATES, INC. BARGA'fll LLC KOKOPELLI PHASE II PIPELINE 1414 ELK S TREET, ROCK SPRINGS, WY 8290 t PHONE (301} 362-6028 REVISION 3 ·DATE : 9i 1211 1 O.R.O.JOIJI 1&1 08 A PROPOSED RIGHT-OF-WAY FOR A PIPELINE SITUATED ON LANDS OF REVI SION 2 ·DATE : 11/Wt 1 REVISION 1 ·DATE: 11111111 MARVELLE P. AND KELLY COUEY SHEET OOF 10 EXHIBIT A_ ( j_ ofJfu Cf Atta_xhed to and made a part of that certain Grant of Easement dated --f.f--·-/.(~':t__-;Lf._ by and between Marvelle P. and Kelly Couey and Barg ath LLC SECI'IONS 81 17 & 18 TOWNSHIP 7 SOU111, RANGE 92 JJIEST and SECI'IONS 131 23 & 241 TOJJ'NSHIP 7 SOUIH, RANGE 93 lJIEST of t11e 6111 PRINCIPAL MERIDIAN, GARFIELD COCJNTY, COWRADO DETAIL NANCY& DARDARA PI71'tfAN TRUST 0 + ~· AC 7 8 18 17 S8B'42'59'E 5281.65' MARVELLE COUEY (SOUTH LINE SECTION 8) # -~ ~ ~~ C/L PIPELINE "A" \ EXISTING RIGHT-OF-WAY ROAD (TYP.) SCALE 1" = 30()' CONSTRUCTION ROW(TYP .) RIFFIN & ASSOCIATES, INC. 1414ELKSTREET, ROCKSPRINGS, WY8l901 PHONE (307) 362..5028 D.R .G.JOIJI 1810& BARGATH LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RIGHT-OF-WAY FOR A PIPELINE SITUATED ON lANDS OF MARVELLE P. AND KELLY COUEY SHEET 90F 10 EXHIBIT Jl_ ( / [) of~ 0 At:'/:"ed to and made a part of lhat tertaln Grant of Easement dated z._ -.t!:L:: LL-by and between Marvelle P. and Kelly Couey and Bargath LLC SECTIONS 8, 17 & 18 TOWNSHIP 7 SOUTH, RANGE 92 WEST nnd SECIIONS 13, 23 & 24, TOWNSHIP 7 SOUTH, RANGE 93 WEST of the 6111 PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO DETAIL NANCY ct DARI1ARA PITMAN TRUST MARVELLE (6/10) & KELLY (2/10) COUEY S.CALE I" = 300' RIFFIN & ASSOCIATES, INC. 1414 EtK S TREET. ROCK SPRINGS, WY 82901 PHONE (307} 362-5028 REVISIOtl3 ·DATE: 911:1111 D.ltG.JO!lf 1810& EXISTING ROAD (TYP.) MARVELLE & KELLY COUEY BARGA111 LLC KOKOPELLI PHASE II PIPELINE A PROPOS EO RIGHT -OF-WAY FOR A PIPELINE SITUATED ON LANDS OF 19 20 MARVELLE P. AND KELLY COUEY REVISION 2 ·DATE: &124111 REVISION I • DATE: 8111111 SHEET 100F 16 EXHIBIT _ll_ (jl of~ a Attached to and made a part of that certain Grant of Easement dated __ _.!.-;_· L-1_,-J~-J . .L_ by and between Marvelle P. and Kelly Couey and Bargath LLC SECI'IONS 8, 17 & 18 TOWNS HIP 7 SOUTH, RANGE 92 J¥.EST and SECI'JONS 13, 23 & 24, TOlVNSIDP 7 SOUTH, RANGE 93 J¥.EST oftiJc 6th PRINCIPAL MERIDIAN, GARFIELD COUNTY, COWRADO I e: /~ ~ 11::' ~ DETAIL CONSTRUCTION ROW(TYP.) MARVELLE (8/10) .t KELLY (1/10) COUEY I ~ ~ I ~ ~ JANET GllAlliUI, STEPIIEN I f!i ~----l'tfcDERllf01T, ll£tRY 1•:2 ---r El,GHANDOVR & CHERYL t/1 ~ GmFFTIJI I ~ APPARENT 1 ,' ~ PROPERTY LIN E ~ (TYP.) I ~ I IB C 13 I& 277.45' 1337.36' 2<4 19 RIFFIN & ASSOCIATES, INC. 1414 ELK STREET, ROCK SPRINGS, W'f 82901 PHONE (SOl) 362-5028 REVISION 3 ·DATE: 111121 11 D.R.G.JOIII 18108 :;;: I 0 ;::::~ (J ' ~~ V):: ::i!o I 8cr tn N I I + 0 300' I SCALE r "' 3oo· 2674 .72' S89'43'38'E 4 289.53' BARGATH LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RJGHT-OF·WAY FOR A PIPEUNE SITUATED ON lANDS OF REVISION 2 ·DATE: 812m I REVISION 1-DATE: 8111111 MARVELLE P. AND KELLY COUEY 17 20 SHEET 11 OF 10 EXHIBIT jJ_ ( _}_1_ of---1&> 9 Attached to and made a part of that certain Grant of Easement dated -I t:}._::_Lf.--by and between Marvelle P. and Kelly Couey and Bargalh LLC SECflONS 8, 17 & 18 TOWNSHIP 7 SOUTH, RANGE 92 WEST Blld SECflONS 131 23 & 24, TOWNSIDP 7 SOUTH, RANGE 93 WEST of tile 6/h PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO DETAIL BC 13 18 WALTER & WALKER ROLES CONSTRUCTION ROW(n'P.) MARVELLE (8/10) & KELLY (1/10) COUEY ~EXISTING GAS PIPELINE (TYP.) JANET GRAHAM, STEPHEN McDER!ti01T, MARY ELGIJANDOUR & CHERYL GRIFFITH rn N v ci (n II) 1- 0> ;! 0 .,; ...J N <D N + N87'02'39'E 2~ I 0 300' '--iiiiliiiiiiiiiiiiiiiiiii SCALE J" = 300' RIFFIN & ASSOCIATES, INC. 1414 ELK STREET, ROCK SPRINGS, IVY 82901 PHONE (301) 362-5028 REVISION 3 ·DATE: 9112111 O.R.G.J0ei181De 2607.48' BARGA1H LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RIGHT·OF·WAY FOR A PIPELINE SITUATED ON LANDS OF REVISION 2 ·DATE: 812(/1 1 REVISION 1· DATE : 8/11111 MARVELLE P. AND KELLY COUEY SHEET 12 OF 18 EXHIBIT n_ (Jl of~ !A Att;~.ched to and made a part of that certain Grant of Easement dated -I -I '1 -1/ by and between Marvelle P. and Kelly Couey and Bargath LL C SECTIONS 8, 17 & 18 TOWNSHIP 7 SOUTH, RANGE 92 WEST and SECTIONS 13, 13 & 24, TOWNSHJP 7 SOUTH, RANGE 93 WEST of I he 6th PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO DETAIL _______ L ll'AL1ER& WALKER ROLF.S w 1/16 COR.AC + 0 300' S CAU 1" = 300' RIFFIN & ASSOCIATES, INC. 1414 ELK STREET, ROCK SPRINGS, WY 82901 PHONE (3()7) 362-6028 O.R.G.JOOI1 81 08 ~ ;o~ ~~ APPARENT 1\ PROPERlY LINE i :.-~ (lYP.) n /777T7/7/7/TTTTT/T/ ;.- CON STRU CTI ON ROW(TYP.) MARVELLE (8/10) .& KELLY (2110) COUEY N87'02'39•E 2607.48' BARGATH LLC KOKOP ELLI PHASE II PI PELINE A PROPOSED RIGH T·OF·WAY FOR A PIPELINE SITU ATED ON LAND S OF MARVELLE P. AND KELLY COUEY SHEET 13 OF 16 EXHIBIT~ ( J± ot__lfL Att51,ched to and made a pail of that certain Grant of Easement dated 9-(f.( -I.L_ by and between Marvelle P. and Kelly Couey and Bargath LLC SEC110NS 8, 17 & 18 TOWNSHIP 7 SOUTH, RANGE 92 WEST 1111d SEC110NS 13, 23 & 24, TOJVNSmP 7 SOUTH, RANGE 93 JYEST of l/1c 6111 PRINCIPAL MERIDIAN, GtJRFJELD COUNTY, COLORADO 1-C/1.. PIPELIN~'--...... DETAIL I RIGHT-OF-WAY ") 1 GREICHEN DUMAS / 72.66' • //POT 13 --1 W I/16COR. AC BC 588'53'02~1; 2628.81 ' - EXISTING ~ ROAD~'\ (TYP.) \. MARVELLE (8/10) & KELLY (1/10) COUEY SCALE 1" ~ 300' 24 DC RIFFIN & ASSOCIATES, INC. UU ELK STREET, ROCK SPRINGS, WY8290t PHONE (JOT) 362-5028 REVISIOH 3-DATE: 9112111 O.R.G.JOOf 18 108 llEVISIOH 2-DATE: 8124111 REVISION 1-DATE: ll/11111 71MOTIIY &IDA ROE I ''---~ DLM CONSTRUCTI ON ~-ROW (TYP.) Cl ~~ ~~ '\Co_., !./'6 "t- BARGA1H LLC KOKOPELLI PHASE II PIPELINE A PROPOS EO RIGHT .OF-WAY FOR A PIPELINE SITUATED ON LANDS OF MARVELLE P. AND KELLY COUEY SHEET H OF 18 EXHIBIT _iL ( Q of~ 0 AttlJ_c,hed to and made a part of that certain Grant of Easement dated 7 -; '-1 -_LL_ by and between Marvetle P and Ketly Couey and Bargath LLC SECTIONS 8, 17 & 18 TOWNSHIP 7 SOUTH, RANGE 92 Jv.EST nnd SECI10NS 13, 23 & 24, TOWNSHIP 7 SOUTH, RANGE 93 WEST ofthc 6/h PRINCIPAL MEIUDIAN, GARFIELD COUNTY, COLORADO RIGHT-OF-WAY REQUIRED FOR GAS PIPELINES TO SERVE BARGATHLLC ACROSS MARVELLE P. AND KELLY COUEY LANDS PIPELINE RIGHTS -OF-WAY DESCRIPTIONS THREE STRIPS OF LAND 50.00 FEET IN WIDTH FOR PIPELINE RIGHT-OF-WAY PURPOSES SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, THE NORTH HALF OF THE NORTHEAST QUARTER, THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE WEST HALF OF THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, THE NORTH HALF OF THE SOUTHEAST QUARTER AND THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 18, ALL IN TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO AND THE SOUTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 24 AND THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 23, ALL IN TOWNSHIP 7 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO. THE SIDELINES OF SAID STRIPS OF LAND LYING 25.00 FEET EACH SIDE OF THE THREE FOLLOWING DESCRIBED CENTERLINES; PIPELINE A COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 8, 9, 16 AND 17, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, BEING AN ALUMINUM CAP MONUMENT MARKED, BLM 1992, THENCE NORTH 01 "40'42' EAST652.39 FEET ALONG THE EAST LINE OF SAID SECTION 8, TO THE POINT OF BEGINNING, BEING A POINT ON THE BOUNDARY COMMON TO GARY D. AND KAREN K. HILL LANDS WITH MARVELLE P. (8/10) AND KELLY (2/1 0) COUEY LANDS; THENCE SOUTH 70'41'46" WEST, 6.50 FEET; THENCE SOUTH 37'16'37"WEST, 115.81 FEET; THENCE SOUTH 51'32'57"WEST, 251.14 FEET; THENCE SOUTH 83'30'38" WEST, 485.92 FEET; THENCE SOUTH 35'33'36" WEST, 101.25 FEET; THENCE SOUTH 06'56'26" EAST, 247 .13 FEET; THENCE SOUTH 30'02'13" WEST, 2.14 FEET TO THE SECTION LINE COMMON TO SAID SECTIONS 8 AND 17, FROM WHICH SAID SECTION CORNER COMMON TO SECTIONS 8, 9, 16 AND 17, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO BEARS SOUTH 88'42'59' EAST, 766.93 FEET; THENCE SOUTH 30'02'13' WEST, 69.65 FEET; THENCE NORTH 88'26'46" WEST, 784 .69 FEET; THENCE SOUTH 71'52'56" WEST, 291.76 FEET; THENCE SOUTH 86 '44'37" WEST, 110.51 FEET; THENCE NORTH 65'10'07" WEST, 287.13 FEET; THENCE SOUTH 88'35'36" WEST, 419.61 FEET; THENCE SOUTH 28'39'47" WEST, 447.79 FEET; THENCE SOUTH 09 '30'11" WEST, 148.93 FEET; THENCE SOUTH 88'22'43" WEST, 199.38 FEET; THENCE SOUTH 52'04'12" WEST, 249.67 FEET; THENCE SOUTH 70'26'35" WEST, 577.36 FEET; THENCE NORTH 82'22'37" WEST, 150.88 FEET TO THE BOUNDARY COMMON TO MARVELLE P. COUEY LANDS WITH MARVELLE P. AND KELLY COUEY LANDS; THENCE NORTH 82"22'37" WEST, 101 .68 FEET; THENCE NORTH 86'02'58" WEST, 600.49 FEET; THENCE SOUTH 24'21'15" WEST, 119.62 FEET; THENCE SOUTH 07'50'01" WEST, 365.75 FEET; CONTINUED ON PAGE 16: RIFFIN & ASSOCIATES, INC. 1414 ELK STREIT, ROCK SPRINGS, WY 82901 PHONE (307} 362-5028 REVISIOtl3 ·DATE: 9/12111 D.ll.G.JOBI1810& REVISIOtl2 ·DATE: ef.W11 REVISIOil1·DATE:e/11111 DflAYIN BY: KML I DATE: 7/19111 I APPROVED IIY: CFW I O.l.TE: 9114/11 CHECKED BY: LGB I DATE: 9/1311 1 I SCALE: NONE OAAYNIG BARGATH LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RIGHT-OF-WAY FOR A PIPELINE SITUATED ON LANOS OF MARVELLE P. AND KELLY COUEY IM.I&R: 181 08-COUEY-PLROW I SHEET 15 OF 18 EXHIBIT _tL ( lJa ot_l_fL 9 A\1<\ched to and made a part of that certain Grant of Easement dated _ -( '2._ -,{.L_ by and between Marvelle P. and Kelly Couey and Bargath LLC SECTIONS 8, 17 & 18 TOWNSHIP 7 SOlffH, RANGE 92 WEST nnd SECTIONS 13, 23 & 24, TOWNSHIP 7 SOUTH, RANGE 93 WEST of tile 6111 PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO CONTINUED FROM PAGE 15: THENCE SOUTH 04"12'09" EAST, 100.66 FEET; THENCE SOUTH 14"31'23" EAST, 144.73 FEET; THENCE SOUTH 69"04'01" WEST, 271.13 FEET; THENCE SOUTH 57 "05'33" WEST, 80.24 FEET; THENCE SOUTH 39"45'16" WEST, 199.46 FEET; THENCE SOUTH 05"36'07" WEST, 197.09 FEET ; THENCE SOUTH 00"14'15" EAST, 378.39 FEET; THENCE SOUTH 09"49'22" WEST, 124 .84 FEET; THENCE SOUTH 61"11'53" WEST, 58 .08 FEET TO THE SECTION LINE COMMON TO SAID SECTIONS 17 AND 18, FROM WHICH THE ONE QUARTER SECTION CORNER COMMON TO SAID SECTIONS 17 AND 18, BEING A STONE MONUMENT, BEARS NORTH 00"16'25' EAST, 46.00 FEET; THENCE SOUTH 61"11'53" WEST, 260.38 FEET; THENCE SOUTH 55"50'29" WEST, 168.25 FEET; THENCE SOU TH 46'36'38" WEST, 430.79 FEET; THENCE SOUTH 66"09'11" WEST, 399.46 FEET; THENCE SOUTH 72"57'58" WEST, 154 .95 FEET; THENCE SOUTH 55"50'02 " WEST, 169 .84 FEET TO THE BOUNDARY COMMON TO MARVELLE P. AND KELLY COUEY LANDS WITH MARVELLE P. (8/10) AND KELLY (2/10) COUEY LANDS; THENCE SOUTH 55"50'02" WEST, 11.96 FEET; THENCE SOUTH 86"18'25" WEST, 171 .24 FEET ; THENCE SOUTH 54"42'05" WEST, 96.13 FEET; THENCE SOUTH 29"48'01" WEST, 215 .48 FEET; THENCE SOUTH 61"16'46" WEST, 67.44 FEET; THENCE NORTH 85"48'04" WEST, 282.65 FEET; THENCE SOUTH 87 "36 '38" WEST, 174 .82 FEET; THENCE SOUTH 77"37'56" WEST, 172 .23 FEET ; THENCE NORTH 82 "5 1'46" WEST, 213.27 FEET; THENCE NORTH 67"06'53" WEST, 158.65 FEET; THENCE NORTH 79"27'37" WEST , 193.74 FEET; THENCE NORTH 73"17'37 " WE ST, 185 .34 FEET; THENCE SOUTH 69"57'17" WEST, 143.15 FEET; THENCE SOUTH 57"50'22" WEST, 223 .23 FEET; THENCE SOUTH 88"03'28" WEST, 209 .46 FEET; THENCE NORTH 85 "17'18" WEST, 160.47 FEET; THENCE SOUTH 54"46'14" WEST, 104 .20 FEET; THENCE SOUTH 51 "05'51" WEST, 109 .18 FEET; THENCE SOUTH 04"06'38" WEST, 116 .83 FEET; THENCE SOUTH 89"06'38" WEST, 26 .16 FEET TO THE POINT OF TERMINUS , BEING ON THE BOUNDARY COMMON TO MARVELLE P. (8/10) AND KELLY (2/10) COUEY LANDS WITH JANET E. GRAHAM, STEPHEN TULLY McDERMOTT, MARY (McDERMOTT) ADAMS ELGHANDOUR , AND CHERYL (McDERMOTT) GRIFFITH LANDS, BEING THE EAST LINE OF LOT 2 OF SAID SECTION 18, FROM WHICH THE SECTION ·CORNER COMMON TO SECTIONS 18 AND 19, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND SECTIONS 13 AND 24, TOWNSHIP 7 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY , COLORADO, BEING A BRASS CAP MONUMENT MARKED GLO 1947, BEARS SOUTH 13°18'39" WEST, 1277.80 FEET. THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE SHORTENED OR EXTENDED TO BEGIN ON THE BOUNDARY COMMON TO GARY D. AND KAREN K. HILL LANDS AND MARVELLE P. (8/10) AND KELLY (2/10) COUEY LANDS AND TERMINATE ON THE BOUNDARY COMMON TO MARVELLE P. (8/10) AND KELLY (2/10) COUEY LANDS AND JANET E. GRAHAM, STEPHEN TULLY McDERMOTT, MARY (McDERMOTT) ADAMS ELGHANDOUR, AND CHERYL (McDERMOTT) GRIFFITH LANDS . THE ABOVE DESCRIBED STRIP OF LAND IS 12388.71 FEET OR 750.83 RODS, MORE OR LE SS, IN LENGTH AND 14.220 ACRES, MORE OR LESS, IN AREA . CONTINUED ON PAGE 17 : RIFF/N & ASSOCIATES, INC. 1414 ELK STREET, ROCK SPRINGS, WY 82901 PHONE (307} 362..S028 REVISION 3 ·DATE: IW12/11 D.R .G.JOIUI 181 08 REVISION 2 ·DATE: 8124/1 1 REVISIOIIt ·DATE: &'11111 DAAWN DY: KMl \ DATE: 7/19111 11\PPROVED BY: CFW \ DATE: 91 14/11 CHECKED BY: LGB I DATE: 9113/11 I SCAlE: tiOIIE OAAVNIG BARGATH LLC KOKOPELLI PHASE II PIPELINE A PROPOS ED RIGHT-OF-WAY FOR A PIPE LIN E SITUATED ON LANDS OF MARVELLE P. AND KELLY COUEY II\J\II!ER: 18108-COUEY-PLROW I SHEET 16 OF 16 EXHIBIT J.L ( ll-oflfL CJ Att~9hed to and made a part of that certain Grant of Easement dated I -I ':7-;_Lj_ by and between Marvelle P and Kelly Couey and Bargath LLC SECTIONS 8, 17 & 18 TOWNSHIP 7 SOUTH, RANGE 92 WEST and SEC/10NS 13, 23 & 24, TOWNSHIP 7 SOUTH, RANGE 93 WEST of ll1c 6//1 PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO CONTINUED FROM PAGE 16: PIPELINE B COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 18 AND 19, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND SECTIONS 13 AND 24, TOWNSHIP 7 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, BEING A BRASS CAP MONUMENT MARKED, GLO 1947, THENCE NORTH 00"57'51" EAST,1179.55 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 13, TO THE POINT OF BEGINNING, BEING A POINT ON THE BOUNDARY COMMON TO JANET E. GRAHAM, STEPHEN TULLY McDERMOTT, MARY (McDERMOTT) ADAMS ELGHANOOUR, AND CHERYL (McDERMOTT) GRIFFITH LANDS WITH MARVELLE P. (8/10) AND KELLY (2110) COUEY LANDS; THENCE SOUTH 62.58'41" WEST, 103.47 FEET; THENCE SOUTH 70"43'09" WEST, 192 .22 FEET; THENCE SOUTH 61"43'08"WEST, 169 .20 FEET; THENCE SOUTH 43 "06'27" WEST, 90.06 FEET; THENCE NORTH 69"05'13" WEST, 214.87 FEET; THENCE NORTH 63"09'19'' WEST, 125.31 FEET; THENCE NORTH 20"01'22• WEST, 111 .19 FEET; THENCE NORTH 72"29'1 rJ ' WEST, 251.01 FEET; THENCE SOUTH 88"45'10" WEST, 236.67 FEET; THENCE SOUTH 80"56'03" WEST, 323 .68 FEET; THENCE SOUTH 70"59'35" WEST, 103.20 FEET; THENCE SOUTH 46"30'01" WEST, 237.93 FEET; THENCE SOUTH 55 "56'01" WEST, 171 .13 FEET; THENCE SOUTH 45"56 '56" WEST, 141.08 FEET; THENCE SOUTH 52"13 '36" WEST, 301 .03 FEET; THENCE SOUTH 36"55'27" WEST, 350.18 FEET; THENCE SOUTH 54"06'05" WEST, 118.67 FEET; THENCE SOUTH 32.16'29" WE ST, 161 .06 FEET; THENCE SOUTH 16"21'40" WEST, 190.57 FEET; THENCE SOUTH 26"54'30" WEST, 55.63 FEET TO THE POINT OF TERMINUS, BEING ON THE BOUNDARY COMMON TO MARVELLE P. (8/10) AND KELLY (2/10) COUEY LANDS WITH BUREAU OF LAND MANAGEMENT LANDS, BEING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 13, FROM WHICH THE ONE QUARTER SECTION CORNER COMMON TO SAID SECTIONS 13 AND 24, BEING A BRASS CAP MONUMENT MARKED GLO 1947, BEARS SOUTH 6603 6'22. EAST, 246.60 FEET. THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE SHORTENED OR EXTENDED TO BEGIN ON THE BOUNDARY COMMON TO JANET E. GRAHAM, STEPHEN TULLY McDERMOTT, MARY (McDERMOTT) ADAMS ELGHANDOUR, AND CHERYL (McDERMOTT) GRIFFITH LANDS WITH MARVELLE P. AND KELLY COUEY LANDS AND TERMINATE ON THE BOUNDARY COMMON TO MARVELLE P. AND KELLY COUEY LANDS WITH BUREAU OF LAND MANAGEMENT LANDS . THE ABOVE DESCRIBED STRIP OF LAND IS 3668 .38 FEET OR 222 .33 RODS, MORE OR LESS, IN LENGTH AND 4.211 ACRES, MORE OR LESS , IN AREA CONTINUED ON PAGE 16 : RIFFIN & ASSOCIATES, INC. 1414 ELK STREET, ROCK SPRINGS, WY 82901 PHONE (907} S62..S028 REVI SION J ·DATE: 9/12111 D.R.G.JOIII 18108 REVI SION 2 ·DAT E: 8124/11 REVISION 1 ·DATE: all 1/11 DRAWN BY: KML I DATE: 71111111 I APPRovt:D BY: CFW I DATE: 9114111 CHECKED BY: LGB I DATE: 9113111 I SCALE: tlON E ORAWIIIG BARGATH LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RI GHT-OF-WAY FOR A PIPELINE SITUATED ON LAND S OF MARVELLE P. AND KELLY COUEY ti\M!ER: 18108-COUEY-PLROW I SHEET 17 0F 18 EXHIBIT Jj_ ( J..B. of~ Cl Attached to and made a part of that certain Grant of Easement dated J • ( q -~by and between Marvelle P. and Kelly Couey and Bargath LLC SECI10NS 8, 17 & 18 TOWNSHIP 7 SOUTH, RANGE 92 WEST nnd SECTIONS 13, 23 & 24, TOWNSHIP 7 SOUTH, RANGE 93 WEST of tile 6th PRINCIPAL MERIDIAN, GARFIELD COUNTY, COWRADO CONTINUED FROM PAGE 17: PIPELINE C COMMENCING AT THE ONE QUARTER SECTION CORNER COMMON TO SAID SECTIONS 13 AND 24, THENCE SOUTH 45"40'37" 'NEST, 1790.28 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE BOUNDARY COMMON WITH BUREAU OF lAND MANAGEMENT lANDS AND MARVELLE P. (8/1 0) AND KELLY (2/1 0) COUEY lANDS AND ALSO BEING THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTH'WEST QUARTER OF SAID SECTION 24; THENCE SOUTH 54"47'16" 'NEST, 205.41 FEET; THENCE SOUTH 07"22'03" WEST, 170.81 FEET; THENCE SOUTH 59"50'09" 'NEST, 230 .79 FEET; THENCE NORTH 55"01'19" 'NEST, 195.75 FEET; THENCE NORTH 64"59'12" 'NEST, 185.17 FEET; THENCE NORTH 68"00'55" 'NEST, 154.27 FEET; THENCE NORTH 54"28'04" WEST, 234.77 FEET; THENCE NORTH 89"17'47" WEST, 315.96 FEET TO THE SECTION LINE COMMON TO SAID SECTIONS 23 AND 24, FROM WHICH THE NORTH ONE SIXTEENTH CORNER COMMON TO SAID SECTIONS 23 AND 24, BEING AN ALUMINUM CAP MONUMENT MARKED, PLS 22097 1997, BEARS NORTH 01"47'29" EAST, 30.14 FEET; THENCE NORTH 89"17'47 " WEST, 87.75 FEET; THENCE NORTH 55"51'23" 'NEST, 277.56 FEET; THENCE NORTH 35"10'17" 'NEST, 267.39 FEET; THENCE NORTH 19"42'41" WEST, 314.00 FEET; THENCE NORTH 29"17'32" EAST, 267.19 FEET; THENCE SOUTH 67"43'45" EAST, 64 .46 FEET; THENCE NORTH 87"10'56" EAST, 52 .53 FEET; THENCE NORTH 75"32'06" EAST, 280 .72 FEET; THENCE NORTH 04•45'52" EAST, 382 .01 FEET TO THE POINT OF TERMINUS, BEING ON THE BOUNDARY COMMON TO MARVELLE P. (8110) AND KELLY (2110) COUEY lANDS WITH GRETCHEN DUMAS lANDS, BEING THE LINE COMMON TO SAID SECTION 23 AND SECTION 14, TOWNSHIP 7 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, FROM WHICH THE SECTION CORNER COMMON TO SAID SECTIONS 13, 14, 23 AND 24, BEING A BRASS CAP MONUMENT MARKED GLO 1947, BEARS SOUTH 88053'02" EAST, 72 .66 FEET . THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF lAND SHALL BE SHORTENED OR EXTENDED TO BEGIN ON THE BOUNDARY COMMON TO BUREAU OF LAND W.NAGEMENT LANDS WITH MARVELLE P. (8110) AND KELLY (2110) COUEY lANDS AND TERMINATE ON THE BOUNDARY COMMON TO W.RVELLE P. (8110) AND KELLY (2110) COUEY LANDS WITH GRETCHEN DUW.S lANDS. THE ABOVE DESCRIBED STRIP OF LAND IS 3686.54 FEET OR 223.43 RODS, MORE OR LESS, IN LENGTH AND 4.232 ACRES, MORE OR LESS, IN AREA . RIFFIN & ASSOCIATES, INC. H14EI.KSTREET, ROCKSPRINGS. WYB290f PHONE (307} 362-5028 REVISION3 ·DATE:91t2/tt D.R.G.Joel tatoe REVISION 2 ·DATE: 81W11 REVI SION 1 ·DATE: Bit t/t 1 DRAWNOY:KML I DATE:7/t9111 IAPPROVEODV:CFW I DATE:91W11 CHECKED DY: LGD I DATE : 9113/11 I SCALE: NONE DAAI'ItKl BARGATH LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RIGHT·OF·WAY FOR A PIPELINE SITUATED ON LANDS OF MARVELLE P. AND KELLY COUEY HUMOER: 18108-COUEY-PLROW I SHEET 18 OF 18 -·~··_ ........... #.,olt.ft.a.'-·~_.jo1 ~~ r.::.c·-.:.:.:;;.:::::; rc ~ 1 WARRANTY DEED I ~e:·:~ <-·~~:"j' THIS DERD, Made this ~ f:Y: · day of • ~ ~ t: l..... June, 2000, ~~.:~m,:;,_;;'!,~..; MOUNTAIN RANCH, A COLORADO GBNERA.L PARTNERSHIP, of the Coull!)' of Garfield and Sllltc ~~ of Colorado, Grantor, and MARVEllE P. COUBY, whose legal addre.ss Is 627.5 COUilty Road 315, Silt, of the County of Garfield, State of Colorado, Grantee: WITNESSETH, That the GnOior fur and In oon!ldcratlon of the sum ofTen Dollars ($10.00) and uthec good aod valwble consideration, the receipt and sufficiency of whlclt Is hen:by acknowledged, h<ls granted, bargained, sold and conveyed, and by these presents does grant, barg-~in, sell, convey and confirm, unto the Grantee, her heirs, 111ccessors and wlgns forever, all the re<tl property, together with i.tqlrovemelll$, If any, situate, lying and being in tltc County of Garfield, State of Colorado described as follows: 'lbat real property described on BxhlblJ A attached hereto and incorpora ted herein by thl! reference as known by street and number as: 7238 County Road 315, Silt, Colorado TOGETHER WJTH all water rights appurtenant Including, but not limited to the following : All ditch and water riglua apperulnlng 10 or u~ In connect.lon wltb the above described lands and partk:ula.rty but without limitation upon tho foregoing an undivided 8/13 Interest In the Manun Creek Ditch and all the ent.l..re Interest In .83 cubic feet of water per second of time allowed to flow thcfeln undc:r Priority No. 17; 1.83 cubic feet of water per seco nd of time allowed to flow tberein under Priority No. 51; and 3.73 cubic feet of water per second of time allowed 10 flow therein uDder Priority No.?~· Ar.y provisions contilned herein 10 the contrary notwithstanding, the ditch and w-.tttr rights herein transferred arc: transferred without any warraotiu of any kind . EXCLUDING any and all oU, gas and other minerals. TOGETHER WlTH any easelllCfl(S appu.rtt!lllnt to the property und~:r an Agn:ement set forth In Book 8~6 Itt Page 248 In the office of the Garfield County Clerk llld Recorder. AND WARRANTS tltle to the same subject to the lien of the year 2000 general property taxes, pattru reservations of n:cord, ea.semerns, and agreemeniB enumerated as numbers 20 through 32, inclusive, on Exhibit B attached ltore10 and lncorporated herein by this reference. IN WITNESS WHEREOF, the Grantor has executed this deed on the dale set forth above. GRANTOR: STATE OF COLORADO ) } ss COUNTY OP GARFIBLD ) J 'A By <f0-i1 a ~~ RllpR. S~tmple , Trustee OitRaiih R. and Edna C. Sa!q>le Uvlog Trust dated September '28, 1998; a Genertl Partner By {dvvt! ,/ry,.,~ Edna C. Sample, Trustee of CRAiph R. and Edna C. Sample Liviog Trust dated September '28, 1998; a General Partner The foregoing lnst.rutnent was acknowledged before me this I r f.lt. day of June , 2000, by l olu\ w. Sarq>le and Pamela J. Sample, Trustees of the John and Pam Semple living Trust dated August 18, 1998; and by Ralph R. SanlJie and lldria C .. ~lo, Trustees of the Ralph R . and Edna C. Sample Living Trust dated September 28, 1998; General Pal1Jlcra of Manvn Mountain Ranch, a Colorado Genen l Partnership .., ( ·(' ••• ~. ,; • 0 PARCHL2; EXHIBIT A Page One THAT PARTOPTHB$W/4NEI4 LYING a: OF THE ROAD, 11{8 NflNE/4 ANDffiB SBI4NE/4 AND THB SE/4 OF SEC:r!ON 17, TOWNSHIP 7 SOUTH, RANGB 92 WEST OF THE 6TH PRINCIPAL MBRIDIAN, BXCBPT THR TRACT COtiYBYBD TO SCHOOL DIS'TRJCT NO. 27, BY DERD RECORDED IN BOOK 43 AT P/\08236; BXCBPT 1lt.B Wl!ST 100 FI!BT OP TH!i NW/4SB/4, SAID SCCTION 17 AND BXCiiPT TRACT CONVEYBD BY DBED RECORDED IN BOOK 108 AT PI\OE 636, DESCRIBED AS DI!O!NN INO AT TUB NW CORNER OF TllB NB/4 OF SAID SECTION 17; THliNCB B. ALONO Till! N. UNBOF SAID SECTION 17,407.08 flrun'TOA PO!Nf; THENCB S. m PBBT TO THB SW CORNBR OF THR SCHOOL IIOUSB LOT; THBNCE 1!. ALONOTHB S. LINB OF SAID LOT 217 FEET TO A POINT ON THE WESI'I!RLY I.JNI! OF THE COUNTY ROAD :AS CONS'l:RUCTED AND NOW IN PLACE, THENCB wmt AND /\LONO THB SAID WESTERLY LINE OP SAID COUNTY ROAD, SOUnt 137 FBBT TOAPOlNT; . THENCE SOUTIU!ASTI!RLY ALONO SAID LAST DESCRIBED UNB 261.7 JIEBT; TIII!NCE WBST 931.3 FBET TO A POINT THBNCB NORTII ALONO THB NORTH AND SOUTH C~TER LINE OF SAID SECIION 17 TO nm PLACB Oil DEOINNINO . ALSO BXCl!PT TIIAT PARCBL CONVEYED TO RAY D. COGDURN BY DI!BD RECORDED IN DOOK 4S2 AT PAOB 2'12; . ALSO BXCEPT THAT PARCBL CONVBYHD TO RUSSELL P. COGBURN AND DOROTHY K . COOBURN BY DBBD RI!CORDBD IN BOOK 491 AT PAOB 190; ALSO TilE NI2NI!I4, SECTION 20, TOWNSHIP 7 SOUnt, RANOI! 92 WEST OF THO 6TH PRINCIPAL MHRIDIAN. EXCEPTING THB!WPROM; A PORTION OF THAT CI!RTAIN TRACT OF LAND DBSCRlDED IN BOOK 1090 AT PAOli 381, BEING A PORTION OP THB SOtTTH ON!! HALF OF TI{B . SOUTHBAST ONE QUARTER OF Sl!CTION 17 AND A PORTION 01' THE NORTIIWEsr ONB QUARTER OF THR NORTIUlAST ONB QUARTER OF SECTION 20, ALL IN TOWNSHIP 7 SOUTH, RANOB 92 WEST Ofl THll SIXTH PRINCIPAL MBRIOIAN, COUNTY OF OARFIBLD, STATB OF COLORADO, FURTHER OI!SCRIBBD AS FOLLOWS; THB BASIS OF BUARINOS IS THO SOUTH LINB OF THE SOUTIIl!AS'f ONB QUARTER OF SllCfiON 17 , TOWNSHIP 7 SOUTH, RANOB 92 WEST OF Till! SIXTH PRJNCll'AL MBRIOIAN, AS MONUMBNTBD WITH A IIQUND STONB AT EACH llND, AND IS /\SSUMBD TO BBAR N 89 DllORBES 49 ' 29' B. COMMI!NCINO AT THB SOtTTHBAST CORNER 01' SAID SI!Cf!ON 17; THENCB N 71 DBORBES 36' 27' W A DISTANCB OF 1083.12 Pill!T TO THB POINT OF BEOINNINO; TIII!NCB N 82 DBOIWBS 13' ~· W A DISTANCB OF 59.731'B.llT; THBNCB N 81 DEORBES 01' 39' W A DISTANCB 189.05 FBBT; THI!NCB S 07 DEGREES 42' 06' W A DISTANCE OF 1743.8<1 I'BBT TO A POINT ON Till! SOU Til UNE OF TIIB NORTHWEST ONB QUARTI!R OF 11{8 NORTHI!AST ONB QUARTER OF SAID SECTION :W; . THBNCB N 89 DEGREES 49' 03' W ALONG SAID SOtTTH LINR A DJSTANCB OF 912 .08 . PllDT· THlll'icn N 07 DEOREES 10' 36' B DEPARTING SAID SOtTTH LINE AND /\LONO AN BXISTINO FBNCI! LINE IN PLACE A DISTANCE OF 230.63 I'BBT; NORTH 18 DEORBES 04' 59 ' B CONTINUING ALONG SAID PENCE UNB A DISTANCB OF 142.S7 P.BBT; TIIBNCB N 02 DI!OREES 07' l:l ' W CONTINUING ALONG SAID PBNCB UNB A DISl'ANCE OF l:l9.81 F.EET; TIIBNCB N II DEOREBS S8' OS' 8 CONTINUING ALONO SAID PBNCB UNB A DIST ANCB OP lbs.98; TIIENCE N 04 DEGREES 17' S1 ' B CONTINUING ALONG SAID FBNCB UNE A DISTANCE OF 130.33 l'lli!T; THBNCB N 11 DEGREES S6' 40' B CONTINUING /\LONG SAID FI!NCB LINE A DL'IT/\NCB OP 19.67 FBET: TtjBNCB N ~ DI!ORBES 06' 12' B CONTINUING ALONG SAID PBNCB LINB A DISTANCB OP 232,59l'EET; EXHIBIT A Page Two- THENCE N 21 DEGREES 18 ' 03' B CONTINUING ALONO SAID PENCE LINE A DISTANCE OP 82.50 FEET; THENCE N 17 DEGIUU!S 40' 01' B CONTINUING ALONO SAID PENCil LINE A DISTANCE 01' 42.69 flEET; THENCE N 01 OEOREBS ·I5' 16' W CONTINUINO ALONG SAID PEN CE LINE A DISTANCE OF SS.38 FB6T; . . THENCil N 06 DI!GRI!ES 08' 09' B CONTINUING ALONG SAID .PEN CE l.JNE A DISTANCE OF 14U:HilllET; . ' THI!NCE N 31 DI!GIUU!S 14' II' B CONTINUING ALONO SAID PENCE LINB A DI:."TANCB 01' 171.18 FEET; , THENCE S 78 DEGREES 02' 06' B CONTINUING ALONO SA ID fli!NCB LINE A DISTANCI! 01' 80.12 FEET; THI!NCE S 51 DEORIJI!S 53 ' 14' B CONTlNUINO ALONG SAID FENCE LINE A DISTANCB 01' 58.66 PEIIT; TH.I!NCE N 59 DEORI!ES 40' 13' B CONTINUING ALONO SAID PENCE UNE A DIS"fANCB OF 56 .67 PE6T; . TIIIlNCE N 39 DI!GRBI!S 16' II' B CONTINUJNO ALONG SAID FEN CE LINE A DISTANCI! OP 83.78 PI!6T; TIIBNCB N SS DEOREBS 58' 37' B CONTINUING ALONG SAID FENCE LI_NB A DI~TANCD OF 54 .04 Fl!6T; TIIDNCE N 47 DEGREES 40' 16' B CONTINUING ALONG SAID PENCE LINE A DISTANCE OP ,67.29 PEST TO A POINT ON TIIB WllSTilRLY R.IOHT.OP·WAY FENCE OF COUNTY ROAD 3JS· rnilNcn s 90 DI!GR.Il.ES oo · oo· B A DISTANCE or 59.89 FEET TO A POINT ON THH BASTERL.Y RJOIIT-OP ·WAY PI!NCB OP COUNTY ROAD 315; THBNCE N 01 DDORBESOI' 49' W ALONO SAID RJOHT.OP·WAY FllNCI! A DISTANCE OF 10.44 FE6T; · 'THENCH N 01 DBORBES 39' 59 ' W CONTINUING ALONO SAID RIOHT-OP-WAY fi!NCB A DISTANCE OP 39.75 FEET; THENC.S N 01 DBGRBBS 37' 32' W CONTINUING ALONG SAID RIOHT-OP-WAY FI!NCB A DISTANCE OF 208.21 PB6T; . TIIBNCE N 01 DBORBBS 26' 01' W CONTINUING ALONG SAID RIOI-IT .OP·WAY PENCil A OISTANCI!OP 196.14 PI!IIT; THENCE NOO DI!ORBBS W 45' W CONTINUING ALONO SAID RIOIIT-011-WAY PBNCB A OIS"f ANCE OP 21.94 I'DIIT TO A POINT IN Till! CBNTBRLINR Ofl AN BXISTINO DRIVEWAY; THBNCB ~ 79 DI!OIUU!S 04' 03' E ALONO SAID CBNTI!RLINE A DISTANCE 01'221..72 PBBT· nUJNCE N 0~ DI!ORBBS 06' 46' B DIU'ARTING SAID CENTBRl.JNB .A DISTANCE 01' 198.7 8 FBDT; 11U!NCI1 S 79 DEORBBS 13' S6' B A DISTANCE OP 350.82 PBBT; TIIBNCE N 4S DBORBBS W ~3' B A DISTANCB OP 58 .17 PBET; THBNCI! S 80 DEORI!ES 37' 33' B A DISTANCB 01'126.78 PBDT; Tlti!NCB S II DDORBBS 53' 21.' W A DISTANCB 01'114.~3 PBBT; TIIRNCB S 16 DI!ORlillS 58 ' S9' B A DISTANCE OP 27.95 FEBT; THENCE S 11 DBORI!ES OS' 01' W A DISTANCB OP 299.33 Pli6T TO TH B POINT 01' bEOINNlNG. . ~CBPTINO TII.IlRBFROM ALL Til AT PORTION OP COUNTY ROAD 3 15 AS DHP!NilD llY EXll>'TINO RIOHT.QP-WAY FENCl! UNe5 IN PLACE. 11111111111111111111111111111111111\lllllllllllllllllll SMBII2 &8/111/2000 141381' BUill 1'78 " RI..SDORI' 4 of 4 R 20.00 D 34.MI r.MI'lE\.D CWITY CO r.xBIBITB 20. TERMS, CONDITIONS AND PROVISIONS OF WJU.L SHARING AOR.E.BMBNT R.I!CORDIID MARCH 08, 1993 IN BOOK 8S6 AT PAOli 253. 21. EASEMENTS, RJOHTS OF WAY, TERMS, CONDrrJONS, AND PROVISIONS OF BASEMENT AOREBMBNT RllCORDIID MARCH 8, 19931N BOOK 8S6 AT PAGE 248. 22 . RIGHT OP WAY,l!.ASBMBNI', AS ORANl'IID, THB MOUNTAIN STATES TBLBPHONE AND TELBORAPH COMPANY, RBCORDBD JANUAAJ 14, 19911N BOOK ?96 AT PAGE 904. :13. TERMS, CONDrrJONS AND PROVISIONS OF P.l!.NCINO AGREEMENT RP.CORDBD APRIL 07 , 19931N BOOK 8S8 AT PAOB 721. . 24. TERMS, CONDITIONS AND PROVISIONS OF FENCING AGREEMENT RBCORDIID APRIL 23 , 19921N BOOK 8l9 AT PAGE 876. 25. EASEMENT AND RIGHT OF WAY FOR J'JPEUNB RIGHT·OF-WAY GRANT RECORDED OCTOBER 29, 1998 IN BOOK 109S AT PAOE 86. 26. TERMS, CONDITIONS AND PROVISIONS OF OPTION TO LBASB RECORDED JUNBOI, 1987 IN BOOK 713 AT !>AGB 127. 2'1 . OIL AND OAS LBASEBETWBBN JOHN W. St\MPLBAND PAMEl...A J. SAMPLE AND MOBIL OIL CORPORATION, RECORDED DECBMBER22, 19891N BOOK 769 AT PAGE 706 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERBSTTHB.RlliN. 28. OIL AND GAS l...BASE BETWEEN RALPH R . SAMPLB AND BONA C. SAMPLE AND MOBIL OIL CORPORATION, RECORDED DECEMBER 22, 1989 IN BOOK 769 AT PAOI! 703 AND ANY AND All ASSIONME!NTS ntERBOF, OR 1NTE.REST TllllRBIN. 29. BASEMENT AND RIGHT OF WAY FOR GAS PrPB.UNB AS CONTAINED lN JNSTltUMENT RECORDI!D JULY 29, 1965 lN BOOK 368 ATPAGB 206. 30. RESBRVATIONS OF OIL, GAS AND OTHER MINBRJJ...S AS CONTAINED IN WARRANTY DEBD RECORDBD AUGUST 27, 19681N BOOK 396 AT PAGE 311, AND ANY AND ALL ASSIGNMeNTS THI!IU!OF OR INTBIU!.STS ntBRBIN. 31. TERMS, CONDITIONS AND PROVISIONS OP AORBI!MENT BY AND BBTWEBN ALllERT GUSTAFSON AND UTE E LI!CTRIC ASSOCIATION, INC. RECORDED JANUARY 04, 19631N BOOK 346.AT PAGE 318. . 32. BASEMENT AND RIGHT OP WAY AS CONTAINBD IN INSTRUMENT R.I!CORDBD SEPTEMBER 13, 1963 IN BOOK 353 AT PAGB 3. -': ·ltt<·W.-J.t /~ ... ,, •• __JJ&~0691 .. ~ r .. ~~~._,,N<>, ~~ --4~£~~~~~ · r-, ·-=:..·.:.-=·~'--'·"--"-'-:.::·:-:::c-.. ,·.· .. :: ·:=-~·=--=:::· .... ·:: -=c·. :=::-:-..::.=.=--:-.:~~-~ :-o===;J• W.\RRANT \' »EED • 8C'CK 722 P!'!E479 I TillS Uf.EU, M:ok t>.l. ...... ~ ••87 ·"'""' Russell . P . Coqb'lrn and Dorothy K. Coqbttrn r>f t~.: "l 'tvn:rN Sa l t Lake Utah ~:~n·e l le Couey •. GARFIELD I OCT 0 6 1987 I State Doo; Fo.l I q_9..-I $~~1 1 •'·'~' ,,,,ot.o .r 6275 315 Road, Si l t, CO &1 652 li 1 ou t:.c C .,_,...J}d' G~r fie ld :rd:it1&Ct.ol CC'I:<-.A.h.rt~··!'c:: • \i1 \\lllliL..tl..'t.TH.T~(.Jo:SJ•wt..,...Ji:H~,.,.,.-.dcNJ:J.,., Ten Dollars and other goocl j. and \'aluable considerati on · · x~klfix jl ~K.~i;-t,a.J ~o~!t.c~«yrl wU. .. Itl:~.-~. :w;i.t.:""'k\!i""· h;,:o,;(;.-f..:J.~; . .'~..J • .oU :.~C:t a ."'N ,.-.Jir) ~c .... -:.C'~•Li.<l$1.,.., twt:b, ,.'{I, co--.y a.~"'"d ro.~t~lh.::;~.a.~~~,.,:W:J.I'Ukt.,~.a...1d ..:!·~~m/.,~" .. '1'•.dlirl('~h"'.u,lr:h~;.fl..Wt 6i•&nJ I...:i •,btt~ It (,..-...KJUI Ga rfic.ld ..nJ$(·· .. ·o(C.-~".A..!.lW ·rO:t\l•Ji..'(u .. .; I Th~t real proper t y described on Exh ibit A, attached hcret v and I inco~:porc~te<l he~:ein by thi~ r e fere n ce . .. ! i !- :~ •••. l<. ..... t,. .1/.:~ol x.J .. ...v.h-t;.~ I • IUGE'rH(R. ·it) :.11 ~·o&J u.;~ ll.s rt..·H~I..,.,W woJ ..,.....,,,"''?CN th.t..'W 1\:W~ .... \<t ~.to uy,. 1 t .;Jf,•.11/•ii'-...... lt.: r: ... "ht«'' ~~-.-.1 I H•'\f '""· ,. ... ._.~, w rr.t-.J.J.·n. I."<E,,,l ~,_,w P-"""•· 1'-":'\.'\lf , :."f.J )1J U..: ~.,. •.-. ,;J fl.l!&t..:,ltWn.:·l. c:,;.,,w ( .. .l'·-w •luu.·cHr cf ll.:' !i St l\.ot. .,.;u.,., i• I.N '" C\f••h .... vi, L1 ,.•,4 l.·, ~ <lt&J"J ~ph,..l t'I"Wd "-"· .W tJt l'lo(Mf.l~ ..... ~ •l"i"f'"'"'",_·.,· ' I 10 HA\'1~ ,\:-.1>TO l tOI .V t."<;.•il , .... ~ . ..("~~. •,J ..-:llo!t •.fii • ...J, •"""'.: ~l'..I'-.~( •• ~··JCf.ISOW.I:i•h loi ~· ... •:1&>11 11 ~"'1'\."''1." ,\.IN,,._..,.,,.~ .. v.!;. .. ~, .. :-u.~~t.cd~,N.JI~ ·~~~"C.·illl .:,,. ,,h.-:<~o"m;):.l,p.rl,l Hph,~:~p."NW•\J'-~•t;~.t..:..h ;.,,>~'JJ I :.t,r.,:.,,.~I .Wliw ll•wt'ldo<cll'•'~'TJ)W .kl ;,\f,t •.fll..,~<rr•~ ,l ri;•(J: .. V.;Ir,lb:l•: . .;\.c:.J1 ,.,<•0(1llt>1.:J.U,,..._..,_,.,~.~"'~""-~'.<+.o..: ...-J .. .t.t..•J H.:~o.:,filr.)..n:».T.W:ll...,l•f"'"(' ~.x.Jtu ~·>J ,1;:4 .(cllr ·-c, .. ...t l: 1' .. t ~ ... l:r..;,, .... J,l\..rt~'"-='·:ll·.,.,ro, .. .,,'\:D't'..' I· ij c ...... ntrJ."M" ... .-Jrcw t~"tM .. v(\4"'t.t.;\\ftera.lu •.x.r\! ~-·l.•r:"(Cr.c as clescr i becl on Exlii bit a ·, attach Ad hereto and incorporatcj hGrein by t h is reference. !· I! 1 .'7 7~ ,;;-:-..;,l>l::'s epte ~b"tir :=-~,?8 7 : ::. Cogburn. -1, Ji r_).• BOOK 7.22 PAGE 4S0 'EXHIBIT .A A parcel' of · lan~ : situ~_te 'd .{·~--:the . Nl'I~.,NE~---o .f · Sectio~ ... 17:,: To,mship --·7 . So'uth, ·-R-ange .'. ·92 _\'lest ... of .· the ·~-6th .. :Pj1. ,-,: ·lytng . within feQbe .. lLnes a~-·cons~r~~t~d and i~· place, ·s~~rl ~~~ce~~ of Lmd .Ts de.scFibed ·as . f"o~lC?,w~·:· _ ··: .. ~--. · · -·· · · _·. ' B~ginn~/19 .• ~d;: .a ; p.oi.nt in · -sa_i ·d · f .e-nce ~1hen~~ · ·t~~ .section · corner·, COnill.tOn 't'?-SeCt _~Oz:!S . 8 1 _·:g 1 •. 16 .'and. ·n .. in said· TO\"ns}\ip· atld Ran_ge ·bears:."_, -N_o~-th .. -89°3~-'1_7." · .. ~~-~t .. 1966 . ?4 . f~et;···: th .~nce .South 0'4?42 '35:" ... East .779 ._31 ·feet ·· a :lpng· ·said : f~nce; .'thence North : 8 4 o 38 '. 30 '.' ': ~les·t --23 6 ·.57 .· feet .::a long s ·a~.d-->f.ence '; · th~n~e. North o·9°·28.' 46.".· ~~st 76 1._ll2 · fee·t ,. along . ·sai'cr. .'f.enc-=_·; d-i'?nce ·. Nor_th ·89°11'·1~"· East ·2'9'1-.00·:f eet a1ong ··said ·fence ,· ·to the POINT ·.OF . BEGIN NING , . .'conta~.r_i~n·g . ·. 4 . SA . _acr.es_..' more . or '_less toget-h~r . yi th .:any. o{ g r arito_rs:' it1t:erest . in_·· a~y . \'later . or '"ater right ·s:,_.:ditqh~.s · and _ .. ditcl)_ rl:ghts 'd .,:,ay ·use_d -o _n 'or in connection :there\~i th o·r appurtena,nt th~r e to. · : · l. 2 .. 3. 4. 5. Any . and cll'l t 'ax sales ·. B00r. 7 2 2 P!G f 481 . .. . . · .. EXHIBI'l' · B . ' ·· ..... unpid,d _:t~xe's 1 .• :.ass·essin'en\s . .... 'J\n 'y . ·lJ..e~· or ~harge · ~n-. a:~cpunt :.of · th~ . incl!-!S~O·n Of subje_ct_._pr9_per.ty .. i~ ··an-imprc.v~ui~::nt di~~:r -~ct :. : · -:;. ·:~-i~h-~. ~£.···_1 :lle ·· prop~~~-~~~--~ -~·f _ .. ·:~·:· -~-~_in :'· or : lode.· .. ·to . :~xtr~ct> and . remove ·. his . ore'. theref1:om ,. should ' 'the'• same .' be . 'found·. t _o .· pene tra··:-:e .. or· -.~nter:s?C:·t ,the: "premises · ·hereby ·_.-_graritec'i and ·a ·· r{gl)t .of wa ·y · fo _r · · c1~·t_che9 :. o:r . ~anals .. a _s cons·tri.icted by the 'riutho r tti -·qf~-t he -U rii~e~-S~~t~s -1 . ·a~. ~~~ei~erl · 'in :Ufiited ·.state'.s ·. Paterit . re.corded · .. August :)7 1 -1901 in · .Book 12 at.-.'Page_ 5.69. :· · .. -... ·:· ·_. ..:·:··.· Reser.va.tion ' ~f · · ~: _:p~rpet.ua.·t:.·_ ;1o~..:p-~r-ti-~ip~tl~9 · :r'ayalt_y intereSt , 0~ .ail .· 0~1 1 , :ga;:;' .and Other _minerals PJ;'OdUCe4 : from. sa'id _ · l and .·as · ·.r~s·~·i've( in .··. deed ·. ~eco.X:ded . Aug.ust 2 7, _1 968' · in . Book · 396 at.·. Page 31-1·:· ai\d.··: any · a n d · a ·l l interests .. there.in ' ·.or· assignments thereof; :(Said ~nter~sf ·being ~·6.25%) · · · · ·.. · Apparent · eas ~1!1en_ts for · co uri ty · road; _<ut'i l i ty _ .lin~s· or : pipeli_nes ;_·and ·d-itches .. · .. , .·· .. 0 ,. • ' • • 0 • ...... .· . : .. .''" .. . . : :-:.·· ·., . . ~-... .. ·:, :·.. . :.• . ' :.~ .. · .;: .: ,.. ...... : :~ ·.· .· ... :;, ·· .. ·. : .··· ·.:· lllllllllllllllllllllllllll llllllllllll ttl lllllllllllll 621617 02/2&/2003 02t04P B1440 Pe01 n ALSDORF 1 of 1 R 6.00 p 38.1& GARFIELD COUHTY CO =======-~-=-~-----=========;:-= -=====-- r----SPRCIAL WARRANTY DEED I TlllB DUD, Mode t!Ua 24t~ d•y or February, 2003 \ JoAnne Coue y ortlle uld Countyol Garfie ld andSilttof Co lorado • &l&nlol ,..., W. Kelly Couey wholelecll&ddtwb 4745 County Road 315, Silt of tbo u ld County of Garfield .,.., SUeur Colorado • arantee : \YlTNE8S, lhLI tbo &fll.r.loo, for and In <o<U\dtr•rion of rile wmof Ton dollars and other good and valuable oonaidaration DO!Ll.RS, 0.. r«<~lu.d N11k!<n ey or •hl<h II h<re~y aet.oo .. loclcocl , hU aru.tocl, barcolne<!, 1010 •nd conve yed, and ~Y lheoe pr.-.11 t o .. '""'· ~ .. ln. 0<11 , <!lflvcy and <onl\rm, unto tile Jr&n,.,., hil h<ln and "'liN fO<ever, &Jirbe rul propuly , tost<l>et "lrh lnvroremcnlt, if uoy , oiruol<, lylnl'.nd bc lna In rho llld Count)' of Garfield 1·• Md Sl&lt of Color ..SO duo:tlbocl ,_, follnra : An undivided 2/10·~nterest in an to Township 6 South t~ange 92 Ho st, 6th P .M. Section 29: NW 1J~. SW 1/4, Section 30: B 1/2 SU 1/4 An un41~1d ed 1/10 interest in an to Townshi 7 South .:Ran e 92 West ' 6th P.M. Section 5 1 NK 1 4 SK 1 4, S 1 2 W 1 ~. S 1/2 SB 1/4, Se~tion 8: N 1/2 NW ~/4, U 1/ Section 17 : S 1/2 SM 1/4, Section 18: U 1/2 SH 1/4 , W 1/2 SB 1/4, SE l/4 SU 1/4, Section 19 : Lot 1 (16.8Sac) Lot 2 (17.3Sac) N 1/2 NE 1/4 , NE 1/4 NK l/4, E 1/2 SW 1/4 , Section 20 : N 1/2 NK 1/4 Townshi 7 'south Rnn e 93 Most 6th P.M. Sectlon 3: 51 2 SB 1·4, Section 2 : E 1/2 E 1/2 , SW 1/4 NE 1/~, Section 24: E 1/2, S 1/2 NW 1/4, N 1/2 SW 1/4 ToWnship 6 South Range 92 West, 6th P .M. Section 31: SB 1>4 NE 1/4, B 1/2 SB 1/4, Section 32: SH 1/4 NW 1/4. Together with appurtenant water rights: Res e rving any an d all ~inera1 rights owned by the grantor. TOOETIUIR wllh lll and oinl,ul ar rho h<t«litamcnll and lppllrl~ rh"'"' btlqlna, or lo MJ"hc appcttalniQ&, &.nd rho rove.ulon Md ro vouloi\S, rc!Min6« and r«Miodeu, r<nll , IHoeo and pro Oil lhtfcor, and Ill \he ut.o.r.., ria hi. li~e. lrt.<ta~ <lalm t.nd dtmond wtl•l· ooe vcr of rbe aran:or, ellhet In law or equity, of, In M4 1o lbo &bou b•ra•lnocl prunllu, .,.llh 1110 hetdhuncnrsllld oppurtc.uncco . TO IIAV.! AND TO UOLD tho .,ld prtmll<$ &bote blla&Jnod and d<>colbed with rho o ppvoiMI~. Un(o lht aranlt<l, his hcirund Wl£111 fO<uot Tho arontor, for hlmo<lf, hll llelro, and p«IONI r<prCI<nUIIYu or ..,«u&ou, do eove<\lrll lnd ~r .. rh&l he otull and will WAARA!fl' AHD POR IIVBR DBPBNO \he •bo•e-bu calr.td prunl•u In \he quill and pco<LAbh potouolon of rho Jl&nloe, hh h<ha and ... 1,,.., •aahuloll u.s nosy p<rl<ln ot p<rOON <lahrin& \he 1tho!o or IllY porllh«eof. by, llfouJh or und" tbo aroniO<. The oinaul11 l'llmbor l hlll l n<lude lh< plurol, IM plural and rho oinlvlu, and lhe UK of .my tend<< Uull be opplicoble to &ll&<ndttl . IN \YITN1!8S WIUIREOY, the auotor hu oxecuiN lhh d<ocl on llle dolour forth above . CounryorG~cl tuc tb. C ... 16 SnlClAL \YAJ\IVJ'ff't 1JQill "'-"· "" )u. ) WII.OU.J jk~a. f ~ 1.. GARFIELD COUNTY TREASURER Certificate of Taxes Due Account Number R006440 Parcel 240117100234 Assessed To COUEY, MARVELLE I' 7238 COUNTY ROAD 315 SILT, CO 81652 Certificate Number 200900 7936 Acres 309.76 Order Number Kokopclli Loop Pipeline, Plwe II Vendor ID Counter Legal Description Situs Addn:ss Section: 17 Towruhip: 7 Range: 92 SWNE LYING 8 OF RD, N2NI!, SENB, & SE OF SEC 17 . AKA PARCEL2. Year 2010 Charges Tax Billed $749 .96 l'ayments Rahmce $749 96 $0 .00 ------------------------------------------------------------------------ Grand Total Due as of07/26/2011 $0.00 -------- Tu Billed at2010 Rates for Tax Area 024 • 211I).RF -024 Authority Mill Levy Amount Values ActUDl Auc.•;s'"\ GARFIELD COUNTY 11.4530000 $190.46 IRRIGATED LAND· $54,550 $\5,820 OARFlELD COUNTY -ROAD & R 1.4680000 $24 .41 AORICLTRL. G.\RFIELD COUNTY -SOCIAL SE 0 .7340000 Sl2.21 MEAOOW I!A Y LAND SilO $30 -AGRlCLTRL RIFLE & RURAL FIRE • OF.NBRA 6.2840000 $104.50 GRAZING L\ND-$2,680 S780 COLO RIVER WATER CONS 0 .1880000• $3 .13 AGRICU L TUR-\L WEST DIVIDE W.\TERCON 0.0480000• $0.80 To!lll $57,340 $16,6 30 GRAND RIVER HOSPITAL 5.0820000° $84.51 SCHOOL DIST RB-2 14 .4650000 $240.54 COLORADO MTN COLLOOB 3.9970000 · $66 .47 GRAND RIVER HOS PITAl.-BOND 0 .5150000 $8.56 GARFfELD COUNTY PUBLIC LIDR 0 .8640000• St4.37 Taxes Billed 2010 45.0980000 $749.96 >Cred it UV) All Tax Lien Sale amounts are subject to change due to endOf'sement of current taxes by the lienholder o r lo advertlslng and distraint warrant fees. ChAnges may occur and the Treasurers Office will need to be contacted priOf' to remittance ufter the following dates : Personal Property and Mobile Homes-September 1, 2011, Real Property-September 1, 201 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY C,A,SH OR CASHIERS CHECK. Special t,axlng districts and the boundaries of such dlstr1cl.s may be on file with the Board of County Commissione rs, the County Clerk, or the County AssessOf' .. Th is certificate does not Include land !X Improvem ents a$56SSed under a separate accoont number, personal property taxes, transfer tax Of' misc. tax oollected on behalf of other enUIIes, special or local impro vement dlslrlct as sessments or mobile homes , unless sp ecifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes duo upon the above described parcels of real property and aU outstanding sales fOf' unpaid taxes as shown by !he records In my office from which the same may still be redeemed with U1e amount required for redempUoo are as noted herein. In witness whereof, I have hereunto set my hand and seal. TREASURER, GARFIELD COUNTY GEORGIA CHAMBERLAIN Jul 26, 2011 1 :25:58 PM 109 8th Street, .'.)Ute 204 Glenwood Sprl~s CO. 81601 Page 1 of 1 GARFIELD COUNTY TREASURER Certificate of Taxes Due Account Number R247119 Parcel240117200188 A6sessed To COUEY, MARVELLE 7238 COUI\'TY ROAD 3 15 SILT, CO 81652-9640 Certificate Number 2009007937 Acres 244.04 Order Number Koko pelli Loop Pipeline, Phase 11 Vendor ID Counter Legal Description Sit\15 Address Section: \7 TownAhip: 7 RAnge: 92 SEC 8 E2SW. SEC 17 N2NW,NESW,PT.OF NWNE CONT. 1\.SOAC .I'T OF SV.'NE CONT 25AC ALSO THE WIOO ' OF NWSE CONT 3.AC . ALSO A TR N\\'NE CONT 4.5 4.\C. Year 2010 Charges Tax Grand Total Due as of0?/26/2011 Talt Billed at2010 Rate:":~ for Tax Area 024 • 2HD-RF-024 Authority Mill Levy GARFIELD COUNTY 11.4530000 GARFIELD COUNTY-ROAD & 13 1.4680000 GARFJ[lLD COUNTY· SOCL\L SE 0.7340000 RIFLE & RUR.\L FIRH -GENERA 6.2840000 COLO RIVER WATER CONS 0.18 80000• WEST 01\'ll>E WATER CON 0.04 80000• GRAND RI\'ER HOSPITAL 5.0820000• SCHOOL UIST H.E-2 14.4650000 COLOR.\00 MTN COLLEGE 3.9970000 GR.\ND RIVER HOSPITAL -DONU 0.5150000 GARFIELD COUNTY PUBLIC LIBR 0.8640000° Taxes Billed 2010 45.0980000 • Credit Levy BiUed S71.72 Amount S18 .22 S2.33 $1.1 7 $9.99 $0.30 $0.08 S8.08 S23 .00 S6.36 S0 .82 $1.37 $71.72 Values Poymeots $71.72 DRY FARM 1 .~\ND AORICLTRL WASTELAND Total l.lu lunu so.oo $0.00 Actual Ass,eMed S4,980 S1,440 S510 $150 $5,490 Sl,S90 All Tax Lien Sale amounts are subject to chan~Je due to endorsement of current taxes by the lienholder or to advertising and distraint warrant fees . Changes may occvr and the Treasurer's Office will need to be contacted prior to remittance afte r the following dates : Personal PropertY and Mobile. Homes -September 1, 2011, Real Property-September 1, 2011. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASH IERS CHECK . Spedaltaxing districts and the boundaries of su.ch districts may be on file with the .Board of County Commisslonll(s, the County Clerl<, or U~e County Assessor. This certiHcate does notindude land or Improvements asses~ed under a separate account number, per.~onal property taxes, transfer tax or misc. tax collected on behalf of other entitles, special or local improvement district assessments or mobile homes , unless specifically mentioned. l, the undersigned , do hereby certify that the entire amount of taxes due upon the above desctibed parcels of real property and all outstanding sa les for unpaid taxes as shown by the records In my office from wh ich the same may still be redeemed with the amount requ ired for rede mpUon are as noted herein. In witness whereof, I have hereunto set my hand and seal. TREASURER, GARFIELD COUNTY GEORGIA CHAMBERLAJN Jul 26, 2011 1:25:58 PM 109 8th Street , Suite 204 Glerruood Springs CO. 81601 Page 1 of 1 GARFIELD COUNTY TREASURER Certificate of Taxes Due /Iecount Number R024491 Pa~1240117200026 Asftessed To COUEY, MARVELLE & KELLY 7238 COUNTY ROAD 315 SILT, CO 8\652·9640 Legal Description Section : 17 Township: 1 Range: 92 WtnN'.V, NWSW. SEC 18 NESE . Year 2010 CbBJges Tmt Grand Total Due as of07/2bl2011 Tax Billed at201 0 Ratts for Tax Area 024 -2HD-RF -024 Authority Mill Levy U .\Rl'IHLD COUNTY 11.4530000 GARFII!LD COUNTY · ROAD & D 1.4680000 GARFIELD COUNTY -SOCIAL SE 0.7340000 RlfLB & RURAL FIRB-GENERA 6.2840000 COLO RIVER WATER CONS 0.1880000° WEST DIVIDE \VATER CON 0.0480000° QI{,\ND ){]VER HOSPITAL 5.0820000° SC HOOL DJST R£.-2 14.4650000 COLORADO MTN COLLEGE 3.9970000 ORAND RIVER HOSPITAL· BOND 0.5150000 GARPIDLD COUNTY PUBLIC LIDR 0.8640000° Taxes Dilled 2010 45 .0980000 ~ Credit Levy Certificate Number 2009007925 Acres 160.00 On:ler Number Kokopelli Loop Pipeline l'hase 11 Vendor IDCounter Billed $50 .96 Amowtt Sl2.94 $1.66 $0.83 $7.10 S0 .2 1 so.os S5 .74 Sl6.35 S4 .52 S0 .58 S0 .98 SSO.% Situs Addte3S Va.lues Payments SSO .% IRRIGATED LAND· :\G){]CL TRL \'!.\STE L.\ND Total BalMce .so.oo so .oo Actual As se-;s ed $3,090 S900 S8l0 l-230 $3,900 Sl ,l30 All Tax Lien Sale amounts are subj ect to change due to endorsement of current taxes by the lienholder 01 to advertising and dlstralut warrant fees . Changes may occur and the Treasure(s Office will need to be contacted prior to remittance after the following dates : Personal Property and ~Aobile Homes-september 1, 2011, Real Property-September 1, 2011. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE: PAID BY CASH OR CASHIERS CHECK. Special ta>.lng dlstncts and the boundaries of such districts may be on file with ll]e Board of County Commissioners, the County Clerk, or the County Assessor. · This certiflcate does not Include land or Improvements asS&Ssed under a separate accoun.t number, personal property taxes, transfm tax or misc . tax collected on behalf of other entities, special or local Improvement district assessments or mobile homes, unless speclflcalty mentioned . I, the undersigned, do hereby certify U1at U1e entire amount of taxes due upon the above described parcels of reel property and all outstanding sales tor unpaid taxes as shown by the records In my office from which the same may sUII be redeemed with tho amount required for redempUon are as noted herein . In witness whereof, I have hereunto set my hand end seal. TREASURER , GARFIELO COUNTY GEORGIA CHAMBERLAIN Jul 26, 2011 1:25:56 PM 109 8th Street. Suite 104 Glenwood Springs CO. 81601 Page 1 of 1 Account Number R024508 Parce1240118400131 GARFIELD COUNTY TREASURER Certificate of Taxes Due Certificate Number 200900 7926 Acres 1354 .20 Asses.sed To Order Number Kokopclli Loop Pipeline, Phase 11 Vendor 10 Counter COUEY, MARVELLE 8/10 & W KELLY 2110 7238 COUNTY ROAD 3 I 5 SILT, CO 81652 -964 0 Legal De6cription Situs AddJess Section: 17 Township: 7 Range: 92 S112SW. SEC 18 El12SW,Wl/2SE,SESE. SEC 19 LOT J (16.8 5AC.)2(17.35AC.) N1.'2NE, NENW, BII2S\'/. SEC 20Nif2NW. 13-7-93 SII2SE. SEC 23 Ellf2Bif2, SWNE. SEC 24 El/2, SII2NW, N!f2SW. Year Charges Bi ll ed Paymmts 2010 Tax $299.00 S299.00 Grand Total Due as of0?/26/2011 Tax Billed at 2010 Rates for Tax Area 024-2HD-RF · 024 Authority Mill Levy Amount Values GARFIELD COUNTY 11.4530000 $75.94 IRRIOA TED LAND· O .... RFIBLU COUNTY· RO.\D & ll 1.4680000 $9 .7 3 AGRlCLTRL . GARFIELD COUNTY -SOCIAL SE 0.7340000 $4.87 MEA DO VI HAY LAND ·AORICLTRL RIFLE & RURAL FIRE -GENERA 6.2840000 $41.66 GRA ZING LAND- COLO RNER WATER CONS 0.1880000• $1.25 AGRICULTURAL W BS T DIVIDE WATeR CON 0.0480000• $0 .32 WASTELAND GRAND RlVER HOSPITAL 5.0820000• $33 .69 Total SCHOOL DIST RE-2 14.4650000 $95 .90 COLORADO MTN COLLEGE 3.9970000 $26.50 ORAND RlVBR HOSPITAL-BOND 0.5 150000 $3.41 GARFIELD COUNTY PUBLIC ilBR 0.8640000• $5.73 Taxes Billed 2010 45.0980000 $299.00 • Credit Levy Actual S240 Sl,880 St8,220 S?.,SOO $22,840 Bahmce so.oo $0.00 Asse.ssed S70 $5$0 $5,280 $730 $6,630 All Tax U en Sa le amounts are subject to change due to endorseme nt of current taxes by the lienholder or to advertising and distraint warrant fees. Changes may occur and the Treasurer's Office will need to be oontacted prior to rem ittance after the following da tes . Personal Property and Mobile Homes -September 1, 2011, Re al Property -September 1, 2011 . TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK . Special taXIng districts and the boundaries of such districts may be on file with the Board of County Commissioners, the County Clurk, or the County Assessor. This certificate does not indude land or Improvements assessed under a separate account number, Pf!fsona l property taxes, transler tax or mlsc. tax collected on behalf of other enUUes, spedal or local Improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certlfy that the enUre amount of laxes due upon the above desCfibed parcels of renl pr(Jperty and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for ;edemptlon are as noted herein. In witness whereof, I have hereunto set my hand and seaL Jul 26, 2011 1 :25:56 PM 109 6th Street, Suite 204 Glenwood Springs CO . 81601 Page 1 of 1 Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207 (P) 970.945.91341 (F) 970.945.39531 (E) jyellico@garfietd-county.com Account Information Account: Parcel: 0 \•mer Name: Ovmer Address: Property Address: Legal: Tax Area: Subdivision: Sales Information R247151 240108300199 COUEY, MARVELLE 7238 COUNTY ROAD 315, SILT, CO, 81652-9640 1921 322 COUNTY RD, SILT Section: 8 Township: 7 Range: 92 SEC. 8: SWSW 024 Date Deed Type Doc Number Grantor 06/30/2006 WD 701435 WAGSTROM, NEIL H . & SUSAN Taxable Values History Year 2011 2010 2009 Property Details Model LANDO RESIO Land Actual 124,000 160,000 160,000 Imp Actual Total Actual 170,850 249,8 10 249,810 Attribute Name ABSTRACT_ CODE AREA_ACRES AREA_SQFT NEIGHBORHOOD BUILDING_ TYPE ABSTRACT_ CODE UNITS ACT_YEAR_BLT BASEMENT AREA HEATEDAREA FINBSMTAREA BEDROOMS ARCH_ STYLE CONST_QUAL BATHS NEIGHBORHOOD ROOMS AREA_ UNITS FRAME 294,850 409,810 409,810 Grantee COUEY, MARVELLE Land Assessed 9,870 12,740 12,740 Created on 09/06/2011 at 01 :16 PM (MST) Imp Assessed 13,600 19,880 19,880 Amount 460,000 Total Assessed 23,470 32,620 32,620 Attribute Value SINGLE FAM.RES.-LAND 40 0 TRACTS SOUTH OF SIL T(AVERAGE) SFR SINGLE FAM.RES-IMPROVEMTS 1994 1280 2560 0 4 2-STORY AVERAGE 2 .5 TRACTS SOUTH OF StL T(AVERAGE) 6 WOOD FRAME The data represented here Is for informational purposes only. Resea rctl shou:d be pefformed at the appropriate office. This is not deemed a legal document Model RESI 0 XFOBO XFOB 1 Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207 (P) 970.945.91341 (F) 970.945.39531 (E) jyellico@garfield-county.co m Attribute Name AIRCOND HEATING_FUEL HEATING_ TYPE ROOF_COVER ROOF _STRUCTUR STORIES BUILDING_NO ABSTRACT_ CODE ACT_ YEAR_BL T NEIGHBORHOOD XFOB_CODE AREA_ UNITS BUILDING_NO ABSTRACT_ CODE ACT_YEAR_BLT NEIGHBORHOOD XFOB_CODE AREA_ UNITS Created on 09/06/2011 at 01:16PM (MST) Attribute Value NONE GAS FORCED AIR PREFAB MET RIDGE FRME 2 SINGLE FAM.RES-IMPROVEMTS 1994 TRACTS SOUTH OF SIL T(AVERAGE) BALCONY 251+ SF 0 SINGLE FAM.RES-IMPROVEMTS 1994 TRACTS SOUTH OF SIL T(AVERAGE) OPEN PORCH 251+ SF 0 The data represented here i s for informational purposes only. Research sholid be pertooned at the appropriate office. This Is not deemed a legal document. lllllllllll\lllllllllllllllllllllllllllllllllllllllllll 70143' 07/06/ZZ05 121~0P 81817 P242 K ALSDORF 1 of 1 R 6 ,00 D 46.00 GARFIELD COUNTY CO Re<tption No. __________________ Record«. WARRANTY DEED THIS DBED. mtdo lhis 301h day or June, 2006 Between NEIL II. WAGSTROM AND SUSAN WAGS'ffiOM • Counl)' ofOIIIlelcl, aod State of CO, grv~tor, IIJld MARVELLE COUEY whose lraaltddrm is: 7238 County Road 315, Sil~ CO, 81652 oflhc Counl)' ofOuficld and State or co, gran lee: WITNESSETH, Thatlhc gtv~lor tor IJid In cons idention or lhe &um or $460,000.00 DOLLARS, tho r«:tip! and sufficiency of whkh Is hcr~y ~~eknowltdgtd, hu granted, b~rgalnod, sold and oon•e)'(d, and by lhcsc present• dou gnnt, bargain, sell and convey IIJld oonllnn unto lho grantu, hls heirs ar.d a.ssil!Jls f<>rcvu, all lho real propeny logclhor wilh improvementl, if any, sitVIIe, lying and being in lhe COUll I)' or Garllnd and State ofColonodo describtd u follows: Township 7 South, Range 92 West of the 6th P.M. Scclion 8: SW114SWI/4 Any mlntral rights owned by Grantor •re bercby re~rrved by Grantor and will remaln tbe Grantor's property. as kno\\'nbyalrcetandnumberu: 1921 CountyRoad322 Rifle Co TOGRTHER wilh all aod singular the hmdituntnts and apportcnllltcs th ereto belonging, 0< In anywise oppertllnlng, and tho ~1·m!on and r<vorslons, remalndcr and rcm~i ndu•. rents, bsucsar.d Jl(Ofits thereof, and oil the titate, right, titlc, intercst, claim ond dcrNnd whllsoever of the grantor t ither in law 01 eq ui ty, or. !nand to thc ol>ove bugllncd pnmil<s. with the hmdillmtnts and appvrlcnonces. TO HA VB AND TO HOLD the .,id pr<misu above bargained ood de.>cn'bod, wflh the apportcnanctt, unto lhe sranr~. hi s heirs and assigros fotcvcr. M.d the O~lor, for h!mulf, hlt he irs, and pmonal reprucnlllivu, doc.. CO\'CTIIOI, srant,lwgain, ar.d agtte to and wilh the Granlet, his heirs IIJld usigll$, I hat et the time of lho cn~lnglnd de limy or th~ prcsonl<, he Is well Klzod or the prcmlsu ol>ovc conveyed, ha s good, sure, perfect, absolute and ind<fc&Siblc estate or inheri.._, In law, in rec rimpfr, and has sood right, full pow<r and lawful authority co grant, bar&aln, sell and eonvcy chc nmc In mlM(f and form u aforesaid, and lhll tho same are ~ec and clear ft om all formtr and other gran!>, bug&lns, sales, li<ns, WI H. as&CSsrnents, cn~mbran= and ~slrictions ofwbttev<r kind or nature soever, e.c:<p( genom w. .. and au~mcnts for tt.e year 2006 IJid Nb~eq,~nl yearsllld all thoso si>cclfoo uccptions det<ribtd by reference to r«<nled documents as rcfkctod in Commonwtaltb Tille Compan)'' Corm!itmcnt No. 0606056 The gnntor shill and will WARRANT AND FORfiVER Dlli'RND tho abo\·e bugainod pnmises !n !he quicl and peaceable possession of I he grantee, his heirs ind assigns, agalns l all and C\'t ·l}' pcr10<1 or persons r.. ... -rully cla iming I he whole or any part thereo f. The singular numbe-r sh•ll Include the plu rlf,lhe pi IIlii the singular, and the use of gender shall be applicable co allgcndell. IN WI1'NI!SS WHilREOF rho grantor hu e.ccvtcd lh!s dcod on the datcKl (O<th abo ve • . L~ ~(,-- N I H.\ agslrorn sui; a8itrom STATEOP COLORADO ) )u. COUNTY Of OAKPIELD ) The foregoing inuru~l wu ILCknowlcdgod !xrorc me on June 30, 2006, by Neil H. Wagrn9» My comm ission upircs' .._ ... u.r.,:, ro.ay lHifC*HJ'r..lldUJ s.:!IC'O I UU $~ E~<p~ru 09/2712009 STATE OF COLORADO COUNTY OF GARFIELD PIPELINE EASEMENT § § § This Pipeli~e Easement (the "Agreemenr') is effective as of the Eff~e)i_~_l?.me ~nd is entered into by and between Lester A. Graham (deceased), rer;>reseAtee-6y-P-am-Nn(-aS-12Gwer-ot-~l:ltGH}f-E-stffie, and Janet E. Graham, Joint Tenant, whose address is 107 E. 2nd Street Florence CO 81226; and Stephen Tully McDermott, whose address is 950 Leyden St. Denver, CO 80220; Mary (McDermott) Adams Elghandour, whose address is 1963 South Holland Street, Lakewood, CO 80227; and Cheryl (McDermott) Griffith, whose address is 14140 West Virginia Dr. Lakewood, CO 80228-2352 (hereinafter the "Grantors'); a nd BARGATH LLC, whose mailing address is 1001 17TH Street, Suite 1200, (hereinafter the "Grantee"), Attention: Sandy Hotard -Midstream, Denver, Colorado 80202. FOR AND IN CONSIDERATION, of the sum of One Hundred and other valuable consideration ( $100.00 &OVC), the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, warrant and convey a nd assign unto Grantee, and its successors and assigns , a n exclusive easement and right of way for the purpose, at any time and from time to time, of surveying, clearing, excavating, installing, laying, constructing, maintaining, inspecting, operating, altering, repairing, testing, replacing, relaying, changing the size of, relocating, and removing and/or abandoning in place one or more pipelines, and appurtenances, along with ingress and egress, for the transportation of oil, gas, petroleum products or any substances which ca n be transported through a pip e line, and erecting, maintaining and removing drips, valves, fitting s, meters, cathodic protection and other equipment and appurtenances as m ay be necessary or convenient for such operations, and if necessary, to construct, maintain, operate, remove, upgrade and replace electric power a nd/or communication and control facilities (all rights granted herein being collectively referr ed to as the "Purpose", and all of Grantee's personal property being collectively ref erred to as th e "Pipeline Installation") on, over, unde r, through a nd across a s trip of land FIFTY fee t (50') in width (the "Right-o f-Way''), situated in Lot 2 of Section 18, Township 7 South, Range 92 W est of the Sixth Principal Meridian, Garfield County, Colorado. Tax Parcel Number (s): 2403-131 -00..033 Bound ed substantially by lands now and/or formerly owned as follows : On the North by lands of: On the East by lands of: On the South by land s of: On the West by lands of: Schaffer L TO Marvell e and Kelly Couey Marve ll e and Kelly Couey WalterW. Rol es Notwithstanding said Tax Parcel Number (s) designation, thi s right-of-way shall be effective as to the tract(s) actually owned by Grantor whether or not the Tax Parcel Numbers correctly identifies th e location of th e tract (s). Attached Exhibit "A" describes further said boundaries for thi s property, as well as, further describes center line of pipeline Right-Of W ay. (herein referred to as th e "Property''). Upon completion of the installation of the facilities installed under thi s agreement hereunder, Grantee s hall record an as- built drawing in order to provide the location of said facilities . TO HAVE AND TO HOLD unto Grantee, its s uccessors and assigns, such grant to be for the Purpose granted he rein for as long as a pipeline is maintained thereon by Grantee, its successors and assigns . This Agreement is made subject to the following terms and conditions: 1. TEMPORARY ADDITIONAL WIDTH: During temporary periods, Grantee may use additional 25 feet Construction space as is reasonably necessary or convenient at locations such as roads, streams, ditches, or specific areas which require more difficult procedures during its exercise of the Purpose. Attached Exhibit "A" describes all Rights of Way and additional work space needed for construction purposes only. 2. USE AND ENJOYMENT: Grantor reserves the right to the use and enjoyment of the Right-of-Way for farming, recreation and other uses excepting for the Purpose herein granted, but any such use shall not hinde r, conflict, or interfere with Grantee's surface or sub-surface rights hereunder or disturb its facilities without the express written consent of Grantee. 3. CONSIDERATION: Grantor and Grantee agree that the consideration paid for this Agreement is also the full, complete and final payment for the enjoyment and use by Grantee of its r ights hereunder and for any and all injuries and damages of whatever nature and character to land, crops, timber, fences and improvements on, over and across the Property occasioned by the initial construction of the Pipeline Installation. Grantor hereby covenants that any and all claims that he has or may have because of the Grantee's construction operations on the Pipeline Installation on the Right-of-Way have been paid and satisfied in full. Whenever lands are disturbed by Grantee during times of pipeline construction or maintenance, at a suitable time after work completion, Grantee shall reclaim and reseed the land and repair any damage to fences and other structures, as well as crops, timber and pasturage of Grantor that may subsequently arise from the exercise of the rights herein granted after the initial construction. Should a second pipeline be laid under this Agreement at any time, an additional consideration, calculated on the same basis per acre paid to Grantor in connection with this Agreement, shall be paid for the additional pipeline . 4 . INITIAL DEPTH OF PIPELINE(S): Grantee agrees to initially bury any pipeline(s) so that the top of said pipeline(s) will be buried at least thirty-six inches (36") below the existing ground level contour at the time of initial construction. In areas of rock concentration or where it is difficult and not practical to bury the pipeline that deep, any pipeline(s) shall be buried so that the top of said pipeline(s) will be buried at least eighteen inches (18") below the existing ground level contour. 5 . FENCES. GATES AND ROADWAYS: Grantee shall have the right to install gates or fences around any above- ground portion of the Pipeline Installation. If there are gates or roadways now existing along the Right-of-Way, Grantee shall have the right to use such existing gates and roadways in the exercise of all rights conferred herein . 6 . OBLIGATIONS ON TERMINATION: When said Right-of-Way is no longer useful, necessary or convenient to Grantee for the Purpose described herein, Grantee shall execute and record a release of this Agreement. 7 . ASSIGNABILITY: This instrument and the covenants and agreements herein contained shall be assignable in whole or in part. 8. ARBITRATION: If for any reason Grantor and Cabot should have any dispute associated herewith, and three months thereafter the parties are unable to reach mutual agreement to resolve all issues, then Grantor and Cabot agree to resolve any and all remaining disputes through binding arbitration as ascertained and determined by three disinterested persons, one thereof to be appointed and paid by Grantor; one by Cabot, and the third appointed by the two aforesaid with payment equally shared, and the award of the three persons shall be final and binding. 9. COOPERATION: Grantor agrees to cooperate with Grantee in obtaining any permits, licenses, permissions or approvals, including but not limited to driveway permits, highway access permits and land use permits (hereinafter "Permits"), which Grantee deems necessary or convenient to conduct, certify, confirm, evidence, facilitate or effectuate the Purpose. Grantor agrees to join in the application for any such Permits if Grantor's signature is required in the application process. 10. INDEMNITY: Grantee does hereby covenant and agree to indemnify and hold Grantor harmless against any and all losses, damages, claims, demands and suits (and all reasonable costs and expenses incidental thereto, including court costs and attorney's fees) that Grantor may suffer to incur or to which it may be made liable (collectively, "Claims"}, to the extent that such Claims are incident to, or connected directly with, Grantee's performance or exercise or failure to perform or exercise the Purpose contemplated or operations hereunder, EXCLUDING all losses, damages, claims, demands and suits resulting from the negligence, gross negligence or malicious acts (or omissions) of Grantor, its agents, employees or representatives. 11 . ENTIRE AGREEMENT: This Agreement constitutes all of the agreements and stipulations of the parties pertaining to the subject matter of this Agreement, superseding all prior agreements, representations or understandings, whether written or verbal, and may be modified or amended only by a written agreement signed by both parties. 12 . SEVERABILITY: In the event any provision or any portion of any provis ion of th is Agreement is held by a court of competent jurisdiction to be invalid or unenforceable by reason of any law or public policy, such prov ision or portion thereof shall be considered to be deleted, and the remainder of this Agreement shall constitute the entire agreement between Grantor and Grantee covering the subject matter hereof. 13. COUNTERPARTS: This Agreement may be executed by Grantor and Grantee in two or more counterpa rt s, each of which shall constitute an original, but all of which shall constitute but one and the same instrument, and each Grantor shall receive payment hereunder in such proportion as his /her respective interest bears to the entire fee simple title . EXECUTED on the dates set forth in the acknowledgments, but effective for all purposes as of the , 2011 (the "Effective Date "). day of GRANTOR(s): Janet E . Graham Pam Fox ~d xf!uJ~ g:= Lester A. Graham(deceased) (Representative for Le ster A. Graham-deceased) Stephen Tully McDermott Mary (McDermott) Adams Elghandour Cheryl (McDermott) Griffith GRANTEE: BARGATH LLC By: Sandra J. Hotard Title: Attorney in Fact ACKNOWLEDGMENT STATE OF COLORADO ) )SS: COUNTY OF G-ARFIELG-0-e.Jtvunlt'\.+ ) On this, the ;;)(b day of ·~<> T , 2011, before me a notary public, personally appeared .P-am~ -repre.s.e.oiiug-U:l e-tesffir--kBfflhamideeeasedtinterest,--aftd Janet E. Graham individually and as Joint Tenant of Lester A. Graham, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. K.,..cj 1-Jh.o ... M... De...t\:::>u. <:..o-.-, Notary Public My commission expires: STATE OF COLORADO COUNTY OF DENVER ·vlY COMMISSION EXPIRES 0210712015 ACKNOWLEDGMENT ) )SS: On this, the __ day of , 2011, before me a notary public, personally appeared Stephen Tully McDermott, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. , Notary Public My commission expires: STATE OF COLORADO COUNTY OF JEFFERSON ACKNOWLEDGMENT ) )SS: ) On this, the __ day of , 2011, before me a notary public, personally appeared ~ (McDermott) Adams Elghandour, known to me (or satisfactorily proven) to be th e person(s) whose name(s) are su bscribed to the within instrument, and ack nowledged that they executed the same for th e purpose herei n contained. IN WITNESS WHEREOF, I hereunto se t my hand and official seal. STATE OF COLORADO COUNTY OF JEFFERSON My com mission expires: ACKNOWLEDGMENT ) )SS: ) , Notary Public On thi s, the __ day of , 2011, before me a notary public, personally appea red Cheryl (McDermott) Griffith, known to me (or satisfactoril y proven) to be the person(s) whose n ame(s) are subscribed to the within instrument, and acknowledged th at they executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto se t my hand and official seal. STATE OF COLORADO COUNTY OF DENVER ) )SS: ) My comm ission expi res : , Notary Public The foregoing instrument was acknow ledged before me this __ day of _______ , 2011 by Sandra J. Hotard, Attorney in Fact for Bargath LLC, on behalf of the company. On this, the __ day of _______ , 201.1. before m e , Notary Public My Comm issio n Expires: EXH IBIT __ (_of____) Attached to and mad e a part of that certain Grant of Easement dated by and between Janet E. Graham, Steph en Tully McDermott, Mary (McDermott) Adams Elghandour an d Cheryl (McDermott) Griffith and Bargalh LLC SECTION 18, TOWNSHIP 7 SOUTH, llANGE 92 WES'Tofthe 6111 PRINCIPAL !tfERIDIAN, GARFIELD COUNTY, COLORADO R92 JV R93W AC 12 7 7 7 AC 8 13 18 18 18 17 I I I I I ~I SHAEFFER, LTD 1 I WALTER& WALI£ER ROLES APPARENT /PROPERTY /~ ~ LINE (TYP.) ---~--=...:---P-OT / \..__ ../ / MARVELLE& KELLY COUEY gl 2674.72' r __...--- ( I 17 T7S 18 17 24 19 BC S89.43'38"E 4289.53' 19 20 + SCALE 1" = 1000' 500' 0 1000' _JL FOUND MONUMENT U SECTION CORNER t::0:1 FOUND MONUMENT 1M OR 1116 CORNER Q OTliER FOUND MONUMENT CORNER NOTES: 277.45' LEGEND DC BRASSCAP AC ALUMINUM CAP PC PLASTIC CAP IP IRONPIPE • PROJECTED OR CALCU LATED LOCATION SECTION CORNER 1.) DRAWING REFERENCED TO NAD27 DATUM STATE PLANE COORDINATES COLORADO CENTRAL ZONE. ALL DISTANCES SHOWN ARE GRID DISTANCES. 2.) APPARENT LANDOWNER INFORMATION SHOWN HEREON BASED UPON GARFI ELD COUN1Y RECENT ASSESSOR PARCEL MAPS AND PARCEL RECORDS AND REC ORDE R OFFICE DEEDS. RIFFIN & ASSOCIATES, INC. 1414ELXSTREET, ROCKSPRINGS, WY8290t PHONE (307) 362.0028 RE.VlSIO:l 2 ·DATE: 8/1611 1 REVISION 1 ·DATE: 8/10111 D.R.G.JOB" 181 08 STATEMENT OF SURVEYOR: CHARLES F. WOOD STATES HE IS BY OCCUPAnON A PROFESSIONAL LAND SURVEYOR EMPLOYED BY OARGATH LLC TO MAKE A PRELII.IINARY SURVEY OF THE PIPELINE RIGHT -OF-VIA Y AS DESCRIBED AND SHOWN ON THIS EXHIBIT. CONSISTING OF 3 PAGES; THAT THE SURVEY OF SAID WORK WAS MADE UNDER HIS SUPERVISION AND AUTHORITY, COMMENCING AUGUST 16, 20 10; AND THAT SUCH SURVEY IS ACCURATELY REPRESENTED UPON THIS IMP. BARGATH LLC KOKOPEL LI PHASE II PIPELINE A PROPOSED RIGHT·OF·WAY FOR A PIPELINE SITUATED ON LANDS OF JANET E. GRAHAJII, S'IEPHEN TULLY IlfcDEil.!'tiOTI, MARY (llfcDERMOTI) ADA IllS ELGBANDODR AND CHERYL (llfcDERJIJOTI) GRIFFITH SHEET 1 OF 3 EXHIBIT __ ( __ of __ ) Attached to and made a part of that certain Grant of Easement dated , by and bel\veen Janel E. Graham, Stephen Tully McDermott, Mary (McDermott) Adams Elghan dour and Cheryl (McDermott) Griffith and Bargath LLC SECTION 18, TOWNSHIP 7 SOUTH, RANGE 92 WEST of the 6th PRINCIPAL JJ1ERIDIAN, GAllFIELD COUNTY, COLORADO DETAIL WALTER& WALKER ROLES ___ _......--~--- EXISTING GAS PIPELINE [fYP.) /,#aT .........-:~// ~~ --z 0 F--:-oc.. IIWlVELLE & J(ELLY COUEl' /~ ....< :; ----' GIL PIPELINE RIGHT-OF-WAY IIWlVELLE & J(ELLY COUEY + 0 100' ~iiiiliiiiiiiiii~ SCALE 1" = 100' CONSTRUCTION ~ t_ RIGHT-OF-WAY ~ ~ LOT 2 g~ ~ PIPELINE TABULATION Permaaenl RO~ 50 Feet Wide; 25' Right and 25' Left 289.19 Feet 17.53 Rods 0.332 Acres Construction ROI'I.· 25 Feet Added Width 25' Left 289.19 Feel 17.5JRods 0.166 Acres RIFFIN & ASSOCIATES, INC. BARGATH LLC KOKOPELLI PHASE II PIPELINE 1414 ELK STREET, ROCK SPRINGS, WY 82901 PHONE (307) 362-5028 REVIS! ON 2-DATE: 8/1611 1 REVISION 1-DATE: 8/10/11 O.R.G.JOB~ 18108 A PROPOSED RIGHT-OF-WAY FOR A PIPELINE SITUATED ON LANDS OF JANET E. GRAHA/11, STEPHEN TULLY !flcDERMOn; IIWlY (McDERMOTT) ADrillfS ELGHAJ\'DOUR .AND CHERYL (llfcDERllf01T) GRIFFITH SHEET 20F3 EXHIBIT __ (_of __ ) Attached to and made a part of U1at certain Grant of Easement dated • by and between Janet E. Graham, Stephen Tully McDermott, Mary (McDermott) Adams Elghandour and Cheryl (McDem101t) Griffith and Bargath LLC SECTION 18, TOWNSHIP 7 SOUTH, RANGE !J2 WEST ofthe 6th PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO RIGHT-OF-WAY REQUIRED FORA GAS PIPELINE TO SERVE BARGATH LLC ACROSS JANET E GRAHAM, STEPHEN TULLY McDERMOTT, MARY (McDERMOTT) ADAMS ELGANDOUR AND CHERYL (McDERMOTT) GRIFFITH LANDS PIPELINE RIGHT-OF-WAY DESCRIPTION A STRIP OF LAND 50.00 FEET IN WIDTH FOR PIPELINE RIGHT-OF-WAY PURPOSES SITUATED IN LOT 2 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE S IXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO. THE SIDELINES OF SAID STR IP OF LAND LYING 25.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 18 AND 19, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PR IN CIPAL MERIDIAN AND SECTIONS 13 AND 24, TOWNSHIP 7 SOUTH, RANGE 93 WEST OF THE SIXTH PR INCIPAL MERIDIAN, GARFIELD COUNTY COLORADO, BEING A BRASS CAP MONUMENT MARKED, GLO 1947, THENCE NORTH 13"18'39" EAST 1277.80 FEET TO THE POINT OF BEG INNIN G, BEING A POINT ON THE BOUNDARY COMMON W ITH MARVELLE AND KELLY COUEY LANDS AND JANET E. GRAHAM, STEPHEN TUL LY McDERMOTT, MARY (McDERMOTT) ADAMS ELGHANDOUR AND CHERYL (McDERMOTT) GRIFFITH LANDS, BEING THE EAST LINE OF SAID LOT 2: THENCE SOUTH 89"06'38" WEST, 153.35 FEET; THENCE SOUTH 62"58'41" WEST, 135.84 FEET TO THE PO INT OF TERMINUS AND BE ING ON THE BOUNDARY COMMON W IT H JANET E. GRAHAM, STEPHEN TULLY McDERMOTT, MARY (Mc DERMOTT) ADAMS ELGHANDOUR AND CHERYL (McDERMOTT) GRIFFIT H LANDS AND MARVELLE AND KE LLY COUEY LANDS, BEING THE SECTION LINE COMMON TO SAID SECTION 13 AND SECTION 18, FROM WHICH THE QUARTER SECTION CORNER COMMON TO SAID SECTIONS 13 AND 18, BEING A BRASS CAP MONUMENT MARKED GLO 1947, BEARS NORTH 00"57'51 " EAST, 1450.45 FEET . THE SIDELINES OF THE ABOVE DESCRI BED STRIP OF LAND SHALL BE SHORTENED OR EXTENDED TO BEGIN ON THE EAST LINE OF SAID LOT 2AND TERMINATE ON THE SECTION LIN E COMMON TO SAID SECTI ON 13 AND SECTION 18, BEING THE BOUNDARY COMMON WITH MARVELLE AND KELLY COUEY LANDS AND JANET E. GRAHAM, STEPHEN TULLY McDERMOTT, MARY (McDERMOTT) ADAMS ELGHANDOUR AND C H ERYL (McDERMOTT) GRIFFITH LANDS. THE ABOVE DESCRIBED STRIP OF LAND IS 289.19 FE ET OR 17.53 RODS, MORE OR LESS, IN LENGTH AND 0.332 ACRES, MORE OR LESS, IN AREA. RIFFIN & ASSOCIATES, INC. 1414 ELJ( STREET, ROCK SPRIN GS, WY 82901 PHONE {307} 362-5028 RE;VI$10.'12 ·DATE: 8/16111 REVISION 1 ·DATE: 8/10111 O.R.G.JOB' 18108 DRAWN BY: KML I DATE: 7/17111 I APPROVED BY: CF\'1 I D.~TE : 8/1611 1 CHECKED BY:CFW I DATE: 8/16/11 I SCALE: IIONE BARGATH LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RIGHT-OF-WAY F OR A PIPELINE SITUATED ON LANDS OF J,.iNETE. GRAHAlll, STEPHEN TULLY McDERMOIT, A.fitRY (McDERMOTT) ADAMS ELGHANDOUR AND CHERYL (JifcDERMOTI) GRU?FITH STATE OF COLORADO C OUNTY O F GARFIELD PIPELINE EASEMENT § § § This Pi pe lin e Easement (th e "Agreemen t") is effective as of the Effective Date and is e ntered into by and between Le ster A. Graham (deceased), rep resented by Pam Fox as Power of Attorney a nd E xecu tor of E sta te, and Janet E. Graham, Joint T enant, w hose address is 107 E. 2nd Street Fl orence CO 81 226; and Stephen Tully McDermott, whose address is 950 Leyd e n St. Denver, CO 80220; Mary (McDermott) Adams Elghandour, w hose add ress is 1963 South Holland Street, La k ewood, CO 80227; and Cheryl (McDermott) Griffith, whose address is 14140 W est Virginia Dr. Lakewood, CO 80228-2352 (hereinafter the "Grantors'); and BARGATH LLC, whose mailing address is 1001 17TH Street, Su ite 1200 , (hereinafter the "Grantee"), Attention: Sandy Hotard -Midstr eam, Denver, Colorado 80202. FOR AND IN CO NSIDERATION, of th e sum of One Hundred and other valuable co nsideration ( $100.00 &OVC), the receipt and sufficiency of which are hereby acknowl edged , Grantor does hereby grant, warrant a n d convey and assig n unto Grantee, and its s uccessor s a nd assigns , an exclusive easement and right of way for the purpose, a t a ny tim e and from time to time, of surveying, clearing, excavating , installing, laying, constructing, m ainta in i ng, inspectin g , operating, a ltering , re pairing, te sting, repl acing, relaying, changing the s ize of, relocating , a nd removing a nd/or abandon ing in place one or m o re pipelines, and appurtenances, along with in gress and egress, for the transportation of oil, gas, petrol eu m products o r a ny substa nces whi ch can be transported throu gh a pipeline, a nd e recting , maintaining and re moving drips, valves, fittings , meters, cathod ic protection and other equipment a n d appurtenances as may be necessary or convenient for s uc h oper ati o ns, a nd if necessary, to constru ct, mainta in , operate, re move, upgrade a nd replace e lectric power a n d/or communication and co ntrol facilities (all rig hts granted h erei n being coll ective ly referred to as the "Purpose", and a ll of G rantee's personal property being coll ecti ve ly refer red to as the "Pipelin e In stallation ") on, over, unde r, through and across a strip of la nd FIFTY feet (50') in width (th e "Rig ht-of-W ay"), s itua ted in Lot 2 of Section 18, Towns hip 7 South, Range 92 West of th e Sixth Princi pa l Meridian, Ga rfi e ld County, Colorado. Tax Parcel Number (s): 2403 -131-00-033 Bounded substa nti ally by land s now and/or form e rly owned as follows: On the North by lan d s of: On the East by lands of: O n the South by la nd s of: On the W est by la nds of : Schaffer L TO Marvell e a nd Kelly Couey Marvelle and Ke ll y Couey W a lte r W . Roles Notw ith s tanding said Tax P a rcel Number (s) designation, this ri ght-of-way shall be effective as to the tr act(s) actua lly owned by Grantor whethe r or n ot th e T ax P arcel Number s corr ec tly identifies the locatio n of the tract (s). Attached Exhibit "A" describes further sa id boundaries for thi s property, as well as, furth er describes cente r line of pip eline Right-Of W ay. (herein referred to as the "Property"). Upo n comple tion of th e in sta ll a tion of th e facilities in stall ed und er thi s agreement he re und er, Grant ee sh a ll reco rd a n as- built drawing in order to provide the location of said facilities. T O HAVE A ND TO HOLD unto Gr an tee , its s uccessors and assigns , such gr a nt to be fo r th e Purpose g ra nted he re in for as long a s a pipeline is maintained the reon by Grantee, its s uccessors and ass igns. T hi s A g reeme nt is made subject to th e following term s and conditions: 1. TEMPORARY ADDITIONAL WIDTH: During temporary periods, Grantee may use additional 25 feet Construction space as is reasonably necessary or convenient at locations such as roads, streams, ditches, or specific areas which require more difficult procedures during its exercise of the Purpose. Attached Exh ibit "A" describes all Rights of Way and additional work space needed for construction purposes only. 2. USE AND ENJOYMENT: Grantor reserves the right to the use and .enjoyment of the Right-of-Way for farming, recreation and other uses excepting for the Purpose herein granted, but any such use shall not hinder, conflict, or interfere with Grantee's surface or sub-surface rights hereunder or disturb its facilities without the express written consen t of Grantee. 3 . CONSIDERATION: Grantor and Grantee agree that the consideration paid for this Agreement is also the full, complete and final payment for the enjoyment and use by Grantee of its rights hereunder and for any and all injuries and damages of whatever nature and character to land, crops, timber, fences and improvements on, over and across the Property occasioned by the initial construction of the Pipeline Installation. Grantor hereby covenants that any and all claims that he has or may have because of the Grantee's construction operations on the Pip eline Installation on the Right-of-Way have been paid and satisfied in full . Whenever lands are disturbed by Grantee during times of pipeline construction or maintenance , at a suitable time after work completion, Grantee shall reclaim and reseed the land and repair any damage to fences and other structures, as well as crops, timber and pasturage of Grantor that may subsequently arise from the exercise of the rights herein granted after the initial construction. Should a second pipeline be laid under this Agreement at a ny time , an additional consideration, calculated on the same basis per acre paid to Grantor in connection with this Agreement, shall be paid for the additional pipeline . 4 . INITIAL DEPTH OF PIPELINE(S): Grantee agrees to initially bury any pipeline(s) so that the top of said pipeline(s) will be buried at least thirty-six inches (36") below the existing ground level contour at th e time of initial construction. In areas of rock concentration or where it is difficult and not practical to bury the pipeline that deep, any pipeline(s) shall be buried so that the top of said pipeline(s) will be buried at least eighteen inches (18") below the existing ground level contour. 5 . FENCES. GATES AND ROADWAYS: Grantee shall have the right to install gates or fences around any above- ground portion of the Pipeline Installation . If there are gates or roadways now existing along the Right-of-Way, Grantee shall have the right to use such existing gates and roadways in the exercise of all rights conferred herein . 6. OBLIGATIONS ON TERMINATION : When said Right-of-Way is no longer useful, necessary or convenient to Grantee for the Purpose described herein , Grantee shall execute and record a release of this Agreement. 7 . ASSIGNABILITY: This instrument and the covenants and agreements herein contained shall be assignable in whole or in part. 8. ARBITRATION: If for any reason Grantor and Cabot should have any dispute associated herewith , and three months thereafter the parties are unable to reach mutual agreement to resolve all issues, then Grantor and Cabot agree to resolve any and all remaining disputes through binding arbitration as ascertained and determined by three disinterested persons, one thereof to be appointed and paid by Grantor; one by Cabot, and the third appointed by the two aforesaid with payment equally shared, and the award of the three persons shall be final and binding. 9 . COOPERATION: Grantor agrees to cooperate with Grantee in obtaining any permits, licenses, permissions or approvals, including but not limited to driveway permits, highway access permits and land use permits (hereinafter "Permits"), which Grantee deems necessary or convenient to conduct, certify, confirm, evidence, facilitate or effectuate the Purpose. Grantor agrees to join in the application for any such Permits if Grantor's signature is required in the application process . 10. INDEMNITY: Grantee does hereby covenant and agree to indemnify and hold Grantor harmless against any and all losses, damages, claims, demands and suits (and all reasonable costs and expenses incidental thereto, including court costs and attorney's fees) that Grantor may suffer to incur or to which it may be made liable {collectively, "Claims"), to the extent that such Claims are incident to, or connected directly with, Grantee's performance or exercise or failure to perform or exercise the Purpose contemplated or operations hereunder, EXCLUDING all losses, damages, claims, demands and suits resulting from the negligence, gross negligence or malicious acts {or omissions) of Grantor, its agents, employees or representatives. 11. ENTIRE AGREEMENT: This Agreement constitutes all of the agreements and stipulations of the parties pertaining to the subject matter of this Agreement, superseding all prior agreements, representations or understandings, whether written or verbal, and may be modified or amended only by a written agreement signed by both parties. 12. SEVERABILITY: In the event any provision or any portion of any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable by reason of any law or public policy, such provision or portion thereof shall be considered to be deleted, and the remainder of this Agreement shall constitute the entire agreement between Grantor and Grantee covering the subject matter hereof. 13. COUNTERPARTS: This Agreement may be executed by Grantor and Grantee in two or more counterparts, each of which shall constitute an original, but all of which shall constitute but one and the same instrument, and each Grantor shall receive payment hereunder in such proportion as his/her respective interest bears to the entire fee simple title. EXECUTED on the dates set forth in the acknowledgments, but effective for all purposes as of the , 2011 (the "Effective Date"). day of GRANTOR(s): Janet E. Graham Pam Fox Joint Tenant with Lester A. Graham( deceased) (Representative for Lester A. Graham-deceased) Stephen Tully McDermott .~~m~ Mary (McDermott) Adams Elghandour Cheryl (McDermott) Griffith GRANTEE: BARGATH LLC By: Sandra J. Hotard Title: Attorney in Fact STATE OF COLORADO COUNTY OF GARFIELD ACKNOWLEDGMENT ) )SS: ) On this, the __ day of , 2011, before me a notary public, personally appeared Pam Fox , representing the Lester A. Graham (deceased) interest, and Janet E. Graham individually and as Joint Tenant of Lester A. Graham, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed the sa me for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. , Notary Public My commission expires : STATE OF COLORADO COUNTY OF DENVER ACKNOWLEDGMENT ) )SS: On this, the ao'~ay of I 2011, before me a notary public, personally appeared Stephen Tully McDermott, known to me (or satisfactoril proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed the same for th e purpose herein contained. IN WITNESS WHEREOF, I hereunto set my ha nd and official seal. , Notary Public ommission expire la-~ \(?i:J ~ )- STATE OF COLORADO COUNTY OF JEFFERSON ACKNOWLEDGMENT ) )SS: ) On this, the __ day of , 2011, before me a notary public, personally appeared~ (McDermott) Adams Elghandour, known to me (or satisfactorily proven) to be the person(s) whose nam e(s) are subscribed to the within instrume nt, and acknowledged that they execu ted the same for the purpose herein conta ined . IN WITNESS WHEREOF, I hereunto set my hand and official seal. STATE OF COLORADO COUNTY OF JEFFERSON My commission expires: ACKNOWLEDGMENT ) )SS: ) , Notary Public On this, the __ day of , 2011, before me a notary public, personally appeared Cheryl (McDermott) Griffith, known to me (or satisfactoril y proven) to be th e person(s) whose nam e(s) are s ubscribed to the within instrument, and acknowledged th at th ey executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. STATE OF COLORADO COUNTY OF DENVER ) )SS: ) My comm iss ion expires: , Not a ry Public The foregoing instrument was acknowledged before me this __ day of _______ , 2011 by Sandra J. Hotard, Attorney in Fact for Bargath LLC, on behalf of the company. On this, the __ day of _______ , 2011. before m e , Notary Public My Commission Expires: EXHIBIT __ ( __ of__) Attached to and made a part of that certain Grant of Easement da!ed by and between Janet E. Graham, Stephen Tully McDermott, Mary (McDermott) Adams Elghandour and Cheryl (McDermott) Grilfitll and Bargath LLC SECTION 18, TOlfiNSHIP 7 SOUTH, RANGE 92 WEST of the 6th PRINCIPAL JJIERIDIAN, GARFIELD COUNTY, COLORADO R92 JV AC 8 R93JV AC 12 7 7 7 13 18 18 18 17 I !' I I I ~I SHAEFFER, L'ID 1 I I ------ gl ( I 17 T7S I BC 1 1 8 STONE _L _____ 13 1sr:: 1 -~~;.E~--J;-----T----~8 ~ I 1 1 wALTER& • a 1 I / WALI(ER ROLES "'~ CIL PIPELINE MARVELLE & I --- d L KELLY -"' 1 RIGHT-OF-WAY COUEY / APPARENT ~ :!~ 1 r 1 MARVELLE & /_ PROPERTY m "' POB __.-....__ 1 J(ELLY ) ~"' z / ---/ L C'OU'EY ~-~INE (TY~~ ~ "'-. -------POT • ~ C/L PIPELINE ------ / \__ -../ ~ Y. N13"18'39'E I RIGHT-OF-WAY / gr 1277.80' JANET GRAHA/IIa.nd I STEPHEN NOTE: SEE DETAIL JIIARVELLE & ~ ---JlfcDERll:l'OTT, MARY SHEET 2 FOR CIL :;gtr;:, / ~ ELGHANDOUll & PIPELINE DIMENSIONS 3. CRERlLGRlFFilll 13 18 1337.36' 2674.72' 18 17 24 19 S89.43'38"E 4289.53' 19 20 BC 277.45' STATEMENT OF SURVEYOR: + SCALE 1" = 1000' 500' 0 1000' + FOUND MONUMENT SECTION CORN ER c0:1 FOUND MONUMENT LEGEND BC BRASSCAP AC ALUMINUM CAP PC PLASTIC CAP CHARLES F. WOOD STATES HE IS BY OCCUPA 770N A PROFESSIONAL LAND SURVEYOR EMPLOYED BY BARGATH LLC TO AfAKE A PRELIMINARY SURVEY OF THE PIPELINE RIGHT-OF-WAY AS DESCRIBED AND SHOWN ON THIS EXHIBIT, CONSIS TING OF 3 PAGES; THAT THE SURVEY OF SAID WORK WAS MADE UNDER HIS SUPERVISION AND AUTHORITY. COMMENCING AUGUST 16, 20 10; AND THAT SUCH SURVEY IS ACCURATELY REPRESENTED UPON THIS IMP. 114 OR 1/16 CORNER lP IRONPIPE Q OTHER FOUND MONUMENT CORNER (9 PROJECTED OR CALCULATED LOCATION SECTION CORNER NOTES: 1.) DRAWING REFERENCED TO NAD27 DATUM STATE PLANE COORDINATES COLORADO CENTRAL ZONE. ALL DISTANCES SHOWN ARE GRID DISTANCES. 2.) APPARENT LANDOWNER INFORt-.11\nON SHOWN HEREON BASED UPON GARFIELD COUN1Y RECENT ASSESSOR PARCEL MAPS AND PARCEL RECORDS AND RECORDER OFFICE DEEDS. RIFFIN & ASSOCIATES, INC. 1414 ELX STREET, ROC}( SPRINGS, WY 82901 PHONE (307] 362-5028 DR.G.JOBH 18108 BARGATH LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RIGHT-OF-WAY FOR A PIPELINE SITUATED ON LANDS OF JANI?T E. GRAH!lft-1, S'rEPHEN 1 "ULLY JlfcDERllfOTI, MARY (JifcDERJifOTI) ADAMS ELGHANDOU/l AND CHERYL (JifcDERllfOTI) GRIFFITH SHEET 1 OF3 E XHIBIT __ ( __ of __ ) Attached to and made a part of that ce rt ain Grant of Easement dated , by and between Janet E. Graham, Stephen Tully McDermott, Mary (McDermo11) Adams Elghandour and Cheryl (McDermott) Griffith and Bargath LLC SECTION 18, TOWNSHIP 7 SOV1'H, RANGE 92 'WES T oftbe 6th PRINCIPAL ltiERIDIAN, GARFIELD COUNTY, COLORADO DETAIL WALTER& WALKER ROLES ------~·--- EX ISTING GAS P IPELIN E (TYP.} /,~T z /'--'-...._ C/l PIPE LI NE R IGHT-OF-WAY ~~// ~ ~ ., ~ ~ ~ C/l PIPELINE RIGHT-OF-WAY 0 i=--:- OQ. CONSTRUCT IO N ~ E:_ R IGHT-OF-WAY ~ 3: MARVE L LE & /(l!:LLY COUEY 0 MARVELLE & KELLY COUEY + 100' LOT 2 g~ f!;l PIPELINE TABULA noN Per manent ROI ~ 50 Fee t 1\1de; 25' Right and 25' Left 289.19 Feet 17.53 Rods 0.332 Acres Construction RO IV.· 25 Feet Added Width 25' Left 289.19 Fee t 17.53Rods 0.166 Acres SCALE r = 100' RIFFIN & ASSOCIATES, INC. 1414 fll< STREET, ROCK SPRINGS, WY 82901 PHONE (307) 362.$028 D.R.G.JOB~ 18 108 BARGATH LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RIGHT-OF-WAY FOR A PIPELINE SITUATED ON LAND S 01' JANE'F E. GllAilA/11, S TEPHEN TULLY Ilfc DE Rl'tfOIT, M ARY (McD ERllfOIT) ADAMS E £GHAJ\'DOUR AND CHERYL (McDERMOIT) GRIFFITH SHEET 20F3 EXHIBIT __ (_of __ ) Attached to and made a part of U1at certain Grant of Easement dated • by and bel\veen Janet E. Graham, Stephen Tully Mc D ermott, M ary (McDenmotl) Adams Elghandour and Cheryl (McDermott) Griffith and Bargalh LLC SECl'ION 18, TOWNSmP 7 SOUTH, RANGE 92 WEST oft/1e 6tll PRINClPAL MERIDIAN, GARFIEW COUNTY, COLORADO RIG HT-OF-WAY REQUIRED FORA GAS PIPELINE TO SERVE BARGATH LLC ACROSS JANeT E. GRAHAM, STEPHEN TULLY McDERMOTT, MARY (McDERMOTT) ADAMS E LGANDOUR AND CHERYL (McDERMOTT) GRIFFITH LANDS PIPELINE RIGHT-OF·WAY DESCRIPTION A STRIP OF LAND 50.00 FEET IN WIDTH FOR PIPELIN E RIGHT-OF-WAY PU R POSES SITUA TED IN LOT 2 OF SECTI O N 18, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF T HE S IX TH PRINC IPA L MERID IAN, GARF IELD CO UNTY, COLORAD O. THE SIDELINES OF SAID ST RIP OF LAND LYING 25.00 FEET EACH S IDE OF THE FOLLOWING DESCRIBED CENT ERLIN E: COMMENCING AT T HE SECTI ON COR NER COMMON TO SECTION S 18 AND 19, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE S IXT H PRINCIPAL MERIDIAN AND SECTIONS 13 AND 24 , TOWNSHIP 7 SOUTH, RANGE 93 WEST OF THE SIXT H PRINCIPAL MERIDIAN, GARFIELD COUNTY COLORADO, BEING A BRASS CAP MONUMENT MARKED, GLO 1947, THENCE NORTH 13"18'39" EAST 1 277.80 FEET TO THE POINT OF BEGINN ING , BEING A POINT ON THE BOUNDARY COMMO N WITH MARVELLE AND KELLY COUEY LANDS A ND JANET E. GRAHAM, STEPHEN TULLY McDERMOTT, MARY (McDERMOTT) ADA M S ELG HANDO UR AND C HE RYL (McD ERMOTT) GRI FF ITH LANDS, BEING TH E EAST LIN E OF SAID LOT 2: THENCE SOUTH 89"06'38" W EST, 153.35 FEET; THENCE SOUTH 62"58'41" W EST, 135.84 FEET TO THE POINT OF TERMINUS AND BEING O N THE BOUNDARY COMMON WITH JANET E. GRAHAM, STEPHEN T U LLY McDERMOTT, MARY (McDERMOTT) ADAMS ELGHAND OUR AND CHERYL (McDERMOTT) GRIFF ITH LANDS AND MARVELLE A ND KE LLY COU EY LANDS, BEING T H E SECTION LINE COMMON TO SAID SECTION 13 AND SECT IO N 18, FROM WHICH THE QUARTER SECTION CORNER COMMON TO SAID SECTION S 13 A ND 18, BE ING A BRASS CAP MONUMENT MARKED GLO 1947, BEARS NORTH 00°57'51" EAST, 1450.45 FEET. THE SI DELIN ES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE SHORTENED OR EXTEND ED TO BEGIN O N T H E EAST LIN E OF SAID LOT 2 AND TERMINATE ON TH E SECTION LIN E COMMON TO SAI D SECTI ON 13 A ND SECTION 18, BEIN G T H E BOUNDARY COMMON WITH MARVELLE AND KELLY COUEY LANDS A N D JANET E. GRAHAM, STEPHEN T ULLY M cDERMOTT, MARY (Mc DERMOTT) ADAMS ELGHANDOUR A ND C HERYL (McDERMOTT) GRIFF ITH LAN DS. TH E ABOVE DESCRIBED STRI P OF LAND IS 289.1 9 FEET OR 17.53 RODS , MORE OR LESS , IN LENGTH A ND 0.332 ACRES, MORE OR LESS, IN AREA. RIFFIN & ASSOCIATES, INC. BARGATH LLC KOKOPELLI PHASE II PIPELINE 1414 EU< STREET; ROCK SPRINGS, WY82901 PHONE (301) 362-5028 R EV1SIO:I 2 ·DATE: 8/16/11 REVISION 1 ·DATE: 8/10/11 O.R.G.JOB" 161 08 A PROPOSED R IGHT-OF-WAY FOR A PIPEUNE SITUATED ON LANDS OF JANET E . GRMIAllf, STEPHEN TULLY llfc DERMOIT, MARY (McDERM011) ADAMS ELGTitiNDOVR AND CHE RYL (McD E R/1101T) GRIFFITH DRAV/NBY:KML 1 DATE:7/17/11 I APPROV EDBY:CFW I OATE:B/1611 1 CHECK ED BY: CFW I DATE: 8/16/11 I SCALE; I l ONE ORA\'{~~G t:u•:sER: 18108-GRAHAM-PLROW I SHEET 30F 3 STATE OF COLORADO COUNTY OF GARFIELD PIPELINE EASEMENT § § § This Pipeline Easement (the "Agreement") is effective as of the Effective Date and is entered into by and between Lester A. Graham (deceased), repre sented by Pam Fox as Power of Attorney and Executor of Estate, and Janet E. Graham, Joint Tenant, whose address is 107 E. tld Street Florence CO 81226; and Stephen Tully McDermott, whose address is 950 Leyden St. Denver, CO 80220; Mary (McDermott) Adams Elghandour, whose address is 1963 South Holland Street, Lakewood, CO 80227; and Cheryl (McDermott) Griffith , whose address is 14140 West Virginia Dr. Lakewood, CO 80228-2352 (hereinafter the "G rantors'); and BARGATH LLC , whose mailing address is 1001 17TH Street, Suite 1200, (hereinafter the "Grantee"), Attention: Sandy Hotard -Midstream, Denver, Colorado 80202. FOR AND IN CONSIDERATION, of the sum of One Hundred and other valuabl e consideration ( $100.00 &OVC), the receipt and suffi c iency of which are hereby acknowledged, Grantor does hereby grant, warrant and convey and assign unto Grantee, and its successors and assigns, an exclusive easement and right of way for the purpose, at any time and from time to time, of su rveying, clearing , excavating, installing , laying, constructing, maintaining, inspecting, operating, altering, repairing, testing, repla cing, relaying, changing the size of, relocating, and removing and/or abandoning in place one or more pipelines, and appurtenances, along with ingress and egress, for the transportation of oil, gas, petroleum products or any substances which can be transported through a pipeline, and erecting, maintaining and removing drips, valves , fittings, meters, cathodic protection and other equipment and appurtenances as may be necessary or convenient for such operations, and if necessary , to construct, maintai n, operate, re move, upgrade and replac e electric power a nd/or communication a nd control f acil ities (all rights granted herein being collectively referred to as the "Purpose", and all of G ran tee's personal property being collectively referred to as the "Pipeline Installation") on, over, under, through and across a strip of land FIFTY feet (50') in width (the "Rig ht-of-Way"), s ituated in Lot 2 of Section 18, Township 7 South, Range 92 West of the S ixth Principal Meridian, Garfield County, Colorado. Tax Parcel Number (s): 2403-131 -00-033 Bounded substantially by lands now and/or formerly owned as follows: On the North by land s of: On the East by land s of: On the South by land s of: On the West by land s of: Schaffer LTD Marvelle and Kelly Couey Marvelle and Kelly Couey WalterW. Roles Notwithstanding said Tax Parcel Number (s) designati o n, this ri ght-of-way shall be effective as to the tract(s) actually owned by Grantor whether or not the Tax Parcel Numbers correctly identifi es the location of the tract (s). Attached Exhibit "A " describes further said boundaries for thi s property, as well as, furth er describes center line of pipeline Right-Of Way. (herein referred to as the "P roperty''). Upon completion of the install ation of the fa cilities installed und e r thi s agreement hereunder, Grantee shall record an as- built drawing in order to provide the loca tion of said facilities. TO HAVE AND TO HOLD unto Grantee, its s uccesso rs and assigns, such grant to be for the Purpose granted he rein for as long as a pipeline is maintained th e reon by Grantee, its successors and assigns. This Agreement is made su bject to the following terms and conditions: 1. TEMPORARY ADDITIONAL WIDTH: During temporary periods, Grantee may use additional 25 feet Construction space as is reasonably necessary or convenient at locations such as roads, streams, ditches, or specific areas which require more difficult procedures during its exercise of the Purpose. Attached Exhibit "A" describes all Rights of Way and additional work space needed for construction purposes only. 2. USE AND ENJOYMENT: Grantor reserves the right to the use and enjoyment of the Right-of-Way for farming, recreation and other uses excepting for the Purpose herein granted, but any such use shall not hinder, conflict, or interfere with Grantee's surface or sub-surface rights hereunder or disturb its facilities without the express written consent of Grantee. 3. CONSIDERATION: Grantor and Grantee agree that the consideration paid for this Agreement is also the full, complete and final payment for the enjoyment and use by Grantee of its rights hereunder and for any and all injuries and damages of whatever nature and character to land, crops, timber, fences and improvements on, over and across the Property occasioned by the initial construction of the Pipeline Installation. Grantor hereby covenants that any and all claims that he has or may have because of the Grantee's construction operations on the Pipeline Installation on the Right-of-Way have been paid and satisfied in full. Whenever lands are disturbed by Grantee during times of pipeline construction or maintenance, at a suitable time after work completion, Grantee shall reclaim and reseed the land and repair any damage to fences and other structures, as well as crops, timber and pasturage of Grantor that may subsequently arise from the exercise of the rights herein granted after the initial construction . Should a second pipeline be laid under this Agreement at any time, an additional consideration, calculated on the same basis per acre paid to Grantor in connection with this Agreement, shall be paid for the additional pipeline. 4. INITIAL DEPTH OF PIPELINE(S): Grantee agrees to initially bury any pipeline(s} so that the top of said pipeline(s} will be buried at least thirty-six inches {36"} below the existing ground level contour at the time of initial construction. In areas of rock concentration or where it is difficult and not practical to bury the pipeline that deep, any pipeline(s} shall be buried so that the top of said pipeline(s} will be buried at least eighteen inches (18"} below the existing ground level contour. 5. FENCES, GATES AND ROADWAYS : Grantee shall have the right to install gates or fences around any above- ground portion of the Pipeline Installation. If there are gates or roadways now existing along the Right-of-Way, Grantee shall have the right to use such existing gates and roadways in the exercise of all rights conferred herein . 6 . OBLIGATIONS ON TERMINATION: When said Right-of-Way is no longer useful, necessary or convenient to Grantee for the Purpose described herein, Grantee shall execute and record a release of this Agreement. 7 . ASSIGNABILITY: This instrument and the covenants and agreements herein contained shall be assignable in whole or in part. 8. ARBITRATION: If for any reason Grantor and Cabot should have any dispute associated herewith, and three months thereafter the parties are unable to reach mutual agreement to resolve all issues, then Grantor and Cabot agree to resolve any and all remaining disputes through binding arbitration as a scertained and determined by three disinterested persons, one thereof to be appointed and paid by Grantor; one by Cabot, and the third appointed by the two aforesaid with payment equally shared, and the award of the three persons shall be final and binding. 9. COOPERATION: Grantor agrees to cooperate with Grantee in obtaining any permits, licenses, permissions or approvals, including but not limited to driveway permits, highway access permits and land use permits {hereinafter "Permits"}, which Grantee deems necessary or convenient to conduct, certify, confirm, evidence, facilitate or effectuate the Purpose. Grantor agrees to join in the application for any such Permits if Grantor's signature is required in the application process. 10. INDEMNITY: Grantee does hereby covenant and agree to indemnify and hold Grantor harmless against any and all losses, damages, claims, demands and suits (and all reasonable costs and expenses incidental thereto, including court costs and attorney's fees} that Grantor may suffer to Incur or to which it may be made liable (collectively, "Claims"), to the extent that such Claims are Incident to, or connected directly with, Grantee's performance or exercise or failure to perform or exercise the Purpose contemplated or operations hereunder, EXCLUDING all losses, damages, claims, demands and suits resulting from the negligence, gross negligence or malicious acts (or omissions) of Grantor, its agents, employees or representatives. 11. ENTIRE AGREEMENT: This Agreement constitutes all of the agreements and stipulations of the parties pertaining to the subject matter of thi s Agreement, superseding all prior agreements, representations or understandings, whether written or verbal, and may be modified or amended only by a written agreement signed by both parties. 12. SEVERABILITY: In the event any provision or any portion of any provision of this Agreement is held by a court of competent jurisd iction to be invalid or unenforceable by reason of any law or public policy, such provision or portion thereof shall be co nside red to be deleted, and the rem ainder of this Agreement sha ll constitute the entire agreement between Grantor and Grantee covering the subject matter hereof. 13. COUNTERPARTS: This Agreement may be executed by Grantor and Grantee in two or more counterparts, each of which sha ll constitute an original, but all of which shall constitute but one and the same instrument, and each Grantor shall receive payment hereunder in such proportion as his/her respective interest bears to the entire fee simple titl e. EXECUTED on the dates set forth in the acknowledgments, but effective for all purposes as of the , 2011 (the "Effective Date"). day of GRANTOR(s): Janet E. Graham Joint Tenant with Lester A. Graham(deceased) Stephen Tully McDermott Cheryl (McDermott) Griffith GRANTEE : BARGATH LLC By: Sandra J. Hotard Title: Attorney in Fact Pam Fox (Representative for Lester A. Graham-deceased) Mary (McDermott) Adams Elghandour m~/t )1\,C-~~~ 0~~ STATE OF COLORADO COUNTY OF GARFIELD ACKNOWLEDGMENT ) )SS: ) On this, the __ day of , 2011, before me a notary public, personally appeared Pam Fox, representing the Lester A. Graham (deceased) interest, and Janet E. Graham individually and as Joint Tenant of Leste r A. Graham, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed the same for the purpose herein conta ined . IN WITNESS WHEREOF, I hereunto set my h and and official sea l. STATE OF COLORADO COUNTY OF DENVER My comm ission expir es: ACKNOWLEDGMENT ) )SS: , Notary Public On this, th e __ day of , 2011, before me a notary public, personally appea red Stephen Tully McDermott, known to me (or satisfactori ly proven) to be th e person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they execu ted the same f or th e purpose herein conta in ed. IN WITNESS WHEREOF, I hereunto se t my hand and official sea l. , Notary Public My commission exp ire s: STATE OF COLORADO COUNTY OF JEFFERSON ACKNOWLEDGMENT ) )SS: ) On thi s, the Jj_ day of qjv.. 'jlt '>[ , 2011, before me a notary public, personally appeared MillY (McDermott) Adams Elghandour, known to me (or sa ti sf actorily proven) to be the person(s) whose nam e(s) are subscribed to the within in s trument, and acknowledged that they exec uted the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. V /2_ ~ . ~I hJ }0 7 {_p l--1 f -, Notary Public KIM BILEM My commission expires: NOTARY PUBLIC STATEOFCOLORADO j';)~ /0 · ·~01'-f My Comm ission Expires 12110/2014 STATE OF COLORADO COUNTY OF JEFFERSON ACKNOWLEDGMENT ) )SS: ) On thi s, the __ day of , 2011, before me a notary public, personally appeared Cheryl {McDermott) Griffith, known to me (or satisfactoril y proven) to be the person(s) whose name(s) are subscribed to the within instrum ent, and acknowledged that they executed the same for the purp ose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official sea l. STATE OF COLORADO COUNTY OF DENVER ) )SS: ) My commission expires: , Notary Public The foregoing instrument was acknowledged before me thi s __ day of _______ , 2011 by Sandra J. Hotard, Attorney in Fac t for Bargath LLC, on behalf of the company. On this, the __ day of-------· 2011, before me , Notary Public My Commission Expires: EXH IBIT __ (_of__) Attach ed to and made a part of th at ce rt ain Grant of Easement dated by and b el\veen Janet E. Graham, Stephen Tully McDermott, Mary (McDem10tt) Adams Elgh andour an d Cheryl (M cDerm ott) Grilfith and Ba rg ath LLC SECllON 18, TOWNSHIP 7 SOUTH, RANGE 92 WEST of the 6 th PRINCIPAL ftfERIDIAN, GARFIELD COUNTY, COLORADO R93W JJ~TER& WA.LI£ER ROLES APPARENT /PROPERTY _L-~INE (TY~~ ---:_--~ POT / \__ ._/ / JIIARYELLE & BELLY COUEY 12 13 AC R92JV 7 7 18 18 I I _I SHAEFFER, L1D 1 31 AC 7 8 18 17 I I I I I __..---- ( I 17 T7S 24 19 S89.43'38"E 4289.53' 19 20 + BC 277.45' SCALE 1" = 1000' 500' 0 1000' ..JL FOUND MONUMENT ll SECTION CORNER =FOUND MONUMENT 114 OR 1116 C ORNER Q OTHER FOUND MONUMENT CORNER NOTES: LEGEND BC BRASSCAP AC ALUMINUM CAP PC PLASTIC CAP JP IRONPIPE • PROJECTED OR CALCULATED LOCATION SECTION CORNER 1.) DRAWING REFERENCED TO NAD27 DATUM STATE PLANE COORDINAT ES COLORADO CENTRAL ZONE. ALL DISTANCES SHOWN ARE GRID DISTANCES. 2.) APPAREN T LANDOWNER INFORMATION SHOWN HEREON BASED UPON GARFIELD COUNTY RECE NT ASSESSOR PARCEL MAPS AND PARCEL RECORDS AND RECORDER OFF ICE DEEDS. RIFFIN & ASS DC/A TES, INC. 1414 ELX STREET, ROCK SPRINGS. WY 82901 PHONE (307} 362-5028 DR.G.JOB# 18109 STATEMENT OF SURVEYOR: CHARLES F. WOOD STA TES HE IS BY OCCUPA nON A PROFESSIONAL LAND SURVEYOR EMPLOYED B Y BA RGATH LLC TO MAKE A PRELIMINARY SURVEY OF THE PIPELINE RIGHT-OF·WAY AS DESCRIBED AND SHOWN ON THIS EXHIBIT, CONSISTING OF 3 PAGES; THAT THE SURVEY OF SAID WORK WAS MADE UNDER HIS SUPERVISION AND AUTHORITY. COMMENCING AUGUST 16, 20 10; AND THAT SUCH SURVEY IS ACCURATELY REPRESENTED UPON THIS MAP. BARGATH LLC KOKOPELLI PHASE II PIPELINE A PROPOSE D RIGHT·OF·WAY FOR A PIPELINE SITU ATED ON LANDS OF JANET E. GRAHAM, STEPHEN TULLY !llcDEWUOTI, MARY (llfcDERJIIOTI) ADAMS ELGIIANDOUU AND CHERYL (llfcDERMOTI) GRIFFITH SHEET 1 OF3 EXHIBIT __ (_of __ ) Attached to and made a part of th at ce rtain Grant of Easement dated , by and between Janet E. Graham, Stephen Tully McDermott, Mary (McDermott) Adams Elghandour and Cheryl (McDermott) G riffith and Bargath LLC SECTION 18, 1'0WNSHIP 7 SOV1'H, RANGE 92 JJIESI of the 6th PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO DETAIL JYALTER& JYALKER ROLES ---------- EXISTING GAS PIPE LINE [TYP.) ~ BC~ ~~ 13 18 JANETGRAHAM t111d STEPHEN !lfcDEilllfO'IT, ;::; 1-,~ IIUR'JI ~~ • ~~y ELGIIANDOUR & .~'V CHERYL GRIFFn71 J ~~ ~ ~'\; ~t ~ ~ 3: ~ w o /1 Q. c:: ~ fil /)T?T~ -..& -:::::-.-::::==<> /,~T ..--:~// ~-- z 0 i=~ MARVELLE & JlELLY COUEl' .. _-_-~ GIL P IPELINE RIGHT-OF-WAY MARVELLE & JlELLY COUEY + 0 100' SCALE 1" = 100' CONSTRU CTION ~ t R I GHT-OF-WAY tii 3: LOT 2 g~ ~ PIPELINE TABULA TION P ermanent ROI~ 50 Fee t Wide; 25' Right and 25' Le ft 289.19 Feet 17.53 Rods 0.332 Acres Construction ROW: 25 Feet Added Width 25' Left 289.19 Feel 17.5JRods 0.166 Acres RIFFIN & ASSOCIA TES, INC. BARGATH LLC KOKOPELLI PHASE II PIPELINE 1414 ELK SmEET, ROCK SPRINGS, WY 82901 PHON E (307) 362-5028 D.R.G.JOB~ 18108 1\ PROPOSED RIGHT-OF-WAY FOR A PI PELINE S ITUATED ON LANDS OF JANET E. GRAHAIIf, STEPHEN TULLY !tfcDERIIl01T, MARY (lllaDERIIIOn) ADAMS ELGHANDOUR AND CHERYL (llfcDERIIIOIT) GRIFFITH SHEET 20F3 EXHIB IT __ ~_ (_of __ ) Attached to and made a part of U1at certain Grant of Easeme nt dated , by and between Janet E. Graham, Stephen Tully McDermott, Mary (McDermott) Adams Elghandour and Cheryl (McDermott) Griffith and Bargath LLC SECJ'ION 18, TOWNS IDP 7 SOUTH, RANGE 92 W.ES'T oftlle 6111 PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO RIGHT-OF-WAY REQUIRED FORA GAS PIPELINE TO SERVE BARGATH LLC ACROSS JANET E. GRAHAM, STEPHEN TULLY McDERMOTT, MARY (McDERMOTT) ADAMS ELGANDOUR AND CHERYL (McDERMOTT) GRIFFITH LANDS PIPELINE RIGHT-OF·WAY DESCRIPTION A STRIP OF LAND 50.00 FEET IN WIDTH FOR PIPELINE RIGHT-OF-WAY PURPOSES SITUATED IN LOT 2 OF SECT ION 18, TOWN SHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNlY, COLORADO. THE SIDELINES OF SAID STRIP OF LAND lYING 25.00 FEET EAC H SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SECTION CORNER CO MMON TO SECT IONS 18 AN D 19, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERI DIAN AND SECTIONS 13 AND 24, TOWNSHIP 7 SOUTH, RANGE 93 WEST OF THE SIXT H PRINCIPAL MERIDIAN, GARFIELD COUNlY COLORADO, BEING A BRASS CAP MONUMENT M ARKED, GLO 1947, THENCE NORTH 13.18'39" EAST 1277.80 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE BOUNDARY COMMON WITH MARVELLE AND KELLY COUEY LANDS AND JANET E. GRAHAM, STEPHEN TULLY M cDE RMOTT, MARY (McDERMOTT) ADAMS ELGHANDOUR AND CHERYL (McD ERMOTT) GRIFFIT H LANDS, BE IN G THE EAST LINE OF SAID LOT 2: THENCE SOUTH 89°06'38" WEST, 1 53.35 FEET; THE NCE SOUTH 62.58'41" WEST, 135.84 F EET TO THE POINT OF TERMINU S A ND BEING ON THE BOUNDARY CO MMON WITH JANET E. GRAHAM, STE PH EN TULLY McDERMOTT, MARY (M cDER MOTT) ADAMS ELGHANDOUR AND CHERYL (Mc D ERM OTT) GRIFFITH LANDS AND MA RVELLE AND KELLY COUEY LANDS, BEING THE SECTION LINE COMMON TO SAID SECTION 13 A ND SECTION 18, FROM WHICH THE QUARTER SECTION CORNER COMMON TO SAID SECTIONS 13 A ND 18, B EING A BRASS CAP MONUMENT MARKED G LO 1947, BEARS NORTH 00°57'51 " EAST, 1450.4 5 FEET. T H E SIDELINES OF TH E ABOVE DESCR IB ED STRIP OF LAND SHALL BE S HORTEN ED OR EXTE ND ED TO BEGIN ON THE EAST LIN E OF SAID LOT 2 AND TERMINATE ON T H E SECTION LIN E COMMON T O SAID SECTION 13 AND SECTION 18, BEING THE BOUNDARY CO MMON W ITH MARVELLE A ND KE LLY COU EY LAN DS AND JANET E. GRAHAM, STEPHEN TULLY McDERMOTT, MARY (M cDE RMOTT) ADAMS ELG HANDOUR AND CHERYL (McDERMOTT) GRIFFITH LANDS. THE ABOVE DESCRIBED STRIP OF LAND IS 289.19 FEET OR 17.53 RO DS, MORE OR LESS, IN LENGTH AND 0 .332 ACRES, MORE OR LESS, IN AREA. RIFFIN & ASSOCIATES, INC. BARGATH LLC KOKOPELLI PHASE II PIPELINE 14 14 EL}( STREET, ROCK SPRINGS, WY 82901 PHONE (301} 382-5028 REVISION 2-DATE: B/16/11 REVISION 1 -DATE: B/10/11 O.R.G.JOB~ 18108 A PROPOSED RIGHT-OF-WAY FOR A PIPE LINE SITUATED ON LANDS OF JANET E. GRAHAM, STEPHEN TULLY !lfcDERIIIOIT, li.IARY (McDERIII01T) ADAMS ELGHANfJOVR AND CHE RYL (McDERM01T) GRIFFITH oRA YIN sv: KI·!L 1 DATE: 1111111 1 AP?Rove o sv: cFVJ 1 o.~TE: B/16/11 CHECKED BY: CfW j OATE: 8116/1 1 1 SCALE: HONE OOAI'f,l;G I~.'.'BER: 181 08-GRAHAM-PLROW I SHEET 30F3 STATE OF COLORADO COUNTY OF GARFIELD PIPELINE EASEMENT § § § This Pipeline Easement (the "Agreemenr) is effective as of th e Effective Date and is entered into by and between Lester A. Graham (deceased), repre se nted by Pam Fox as Power of Attorney and Executor of Estate, and Janet E. Graham, Joint Tenant, whose address is 107 E. 2nd Street Florence CO 8 1226; and Stephen Tully McDermott, whose address is 950 Leyden St. Denver, CO 80220; Mary (McDermott) Adams Elghandour, whose address is 1963 South Holland Street, Lakewood, CO 80227; and Cheryl (McDermott) Griffith, whose address is 14140 West Virginia Dr. Lakewood, CO 80228-2352 (hereinafter the "Grantors'); and BARGATH LLC, whose mailing address is 1001 17TH Street, Suite 1200, (hereinafter the "Grantee"), Attention: Sandy Hotard -Midstream, Denver, Colorado 80202. FOR AND IN CONSIDERATION, of the sum of One Hundred and other valuable consideration ( $100.00 &OVC), the re ce ipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, warrant and convey and assign unto Grantee, and its successors and assigns, an exclusive easement and right of way for the purpose, at any time and from tim e to time, of surveying, clearing, excavating, in stalling , laying, constructing, maintaining, inspecting, operating, altering , repairing, testing, replacing, relaying, changing the size of, relocating, and removing and/or abandoning in place one or more pipelines, and appurtenances, along with ingress and egress , for the transportation of oil, gas, petroleum products or a ny substances which can be tr a nsport ed through a pipeline, and erecting, maintaining and removing drips, valves, fitting s, meters , cathodic protection and o ther equipment and appu rtenances as may be necessary or convenient for such operations, and if necessary, to construct, maintain, operate, remove, upgrade and r ep lace electric power and/or communication and control f acili ties (all rights gr a nted herein being collective ly refe rred to as the "Purpose", and all of Grantee's personal property being collectively referred to as the "Pipelin e Installation ") on, over, under, through and across a strip of land FIFTY feet (50') in width (the "Right-of-Way"), s itu a ted in Lot 2 of Section 18, Township 7 South, Range 92 West of the Sixth Principal Meridian , Garfield County, Colorado. Tax Parcel Number (s): 2403-131-00-033 Bounded substantially by lands now and/or formerly owned as follows: On th e North by lands of: On th e East by lands of: On the South by lands of: On th e West by lands of: Schaffer LTD Marvelle and Kelly Couey Marvelle and Kelly Couey Walter W. Roles Notwithstanding sa id Tax Parcel Number (s) designation, this ri ght-of-way shall be effectiv e as to the tract(s) actually owned by Grantor whether or not the Tax Parcel Number s correctly identifies the location of 1he tract (s). Attached Exhibit "A" describes further said boundaries for thi s property, as well as, further describes cente r line of pipeline Right-Of Way. (herein referred to as the "Prop erty"). Upon completion of the in s tall a tion of the facilities in stall ed under thi s agreement hereunder, Grantee shall record an as- built drawing in order to provide the location of said facilities. TO HAVE AND TO HOLD unto Grantee, its successo rs and assigns, such g r a nt to be for the Purpose granted h ere in for as long as a pipeline is maintained thereon by Grantee, its successors and assigns. This Agreement is made s ubj ect to the following terms and conditions: 1. TEMPORARY ADDITIONAL WIDTH: During temporary periods, Grantee may use additional 25 feet Construction space as is reasonably necessary or convenient at location s such as roads, streams, ditches, or specific areas which require more difficult procedures during its exercise of the Purpose. Attached Exhibit "A" describes all Rights of Way and additional work space needed for construction purposes only. 2. USE AND ENJOYMENT: Grantor reserves the right to the use and _enjoyment of the Right-of-Way for farming, recreation and other uses excepting for the Purpose herein granted, but any such use shall not hinder, conflict, or interfere with Grantee's surface or sub-surface rights hereunder or disturb its facilities without the express written consent of Grantee. 3. CONSIDERATION: Grantor and Grantee agree that the consideration paid for this Agreement is also the full, complete and final payment for the enjoyment and use by Grantee of its rights hereunder and for any and all injuries and damages of whatever nature and character to land, crops, timber, fences and improvements on, over and across the Property occasioned by the initial construction of the Pipeline Installation. Grantor hereby covenants that any and all claims that he has or may have because of the Grantee's construction operations on the Pipeline Installation on the Right-of-Way have been paid and sa tisfied in full. Whenever lands are disturbed by Grantee during times of pipeline construction or maintenance, at a suitable time after work completion, Grantee shall reclaim and reseed the land and repair any damage to fences and other structures, as well as crops, timber and pasturage of Grantor that may subsequently arise from the exercise of the rights herein granted after the initial construction. Should a second pipeline be laid under this Agreement at any time, an additional consideration, calculated on the same basis per acre paid to Grantor in connection with this Agreement, shall be paid for the additional pipeline. 4. INITIAL DEPTH OF PIPELINE(S): Grantee agrees to initi ally bury any pipeline(s) so that the top of said pipeline(s) will be buried at least thirty-six inches (36") below the existing ground level contour at the time of initial construction. In areas of rock concentration or where it is difficult and not pr actical to bury the pipeline that deep, any pipeline(s) shall be buried so that the top of said pip eline( s) will be buried at least eighteen inches ( 18") below the existing ground level contour. 5. FENCES, GATES AND ROADWAYS: Grantee shall have the right to install gates or fences around any above- ground portion of the Pipeline Install ation. If there are gates or roadways now existing along the Right-of-Way, Grantee shall h ave the right to use suc h ex isting gates and roadways in the exercise of all rights co nferred herein . 6. OBLIGATIONS ON TERMINATION : When said Right-of-W ay is no longer useful, necessa ry or co nveni ent to Grantee for th e Purpo se described herei n, Grantee shall execute and record a release of this Agreem ent. 7. ASSIGNABILITY: Thi s instrument a nd the covenants and agreements h erein contained shall be assig nable in whole or in part. 8. ARBITRATION: If for any reason Grantor and Cabot s hould have any di sp ute associated her ew ith, and thr ee months thereafter the partie s are unable to reach mutual agreement to resolve all iss ues, th en Grantor and Cabot agree to r eso lve any and all remaining di sputes through binding arbitration as asce rtained and determined by three di si nterested persons, one thereof to be appointed and paid by Grantor; one by Cabot , and the third appointed by the two aforesaid with payment equally shared, and the award of the three persons shall be final an d binding. 9. COOPERATION : Grantor agrees to cooperate with Grantee in obtaining any permits, licens es, permissions or approvals, including but not limited to driveway permits, hig hway access permits and land use p ermits (hereinafter "Permits"), which Grantee deem s necessary or convenient to conduct, ce rtify , confirm, evidence, facilitate or effectuate the Purpo se. Grantor ag ree s to join in the application for any such Permits if Grantor's signature is requ ired in the application process. 10. INDEMNITY: Grantee does hereby covenant and agree to indemnify and hold Grantor harmless against any and all losses, damages, claims, demands and suits (and all reasonable costs and expenses incidental thereto, including court costs and attorney's fees) that Grantor may suffer to incur or to which it may be made liable (collectively, "Claims"), to the extent that such Claims are incident to, or connected directly with, Grantee's performance or exercise or failure to perform or exercise the Purpose contemplated or operations hereunder, EXCLUDING all losses, damages, claims, demands and suits resulting from the negligence, gross negligence or malicious acts (or omissions) of Grantor, its agents, employees or representatives. 11 . ENTIRE AGREEMENT: This Agreement constitutes all of the agreements and stipul ation s of th e parties pertaining to the subject matter of this Agreement, superseding all prior agreements, representations or understandings, whether written or verbal, and may be modified or amended only by a written agreement signed by both parties . 12 . SEVERABILITY: In the event any provision or any portion of any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable by reas on of any law or public policy, such provision or portion thereof shall be considered to be deleted, and the remainder of this Agreement shall constitute the entire agreement between Grantor and Grantee covering the subject matter hereof. 13. COUNTERPARTS: This Agreement may be executed by Grantor and Grantee in two or more counterparts, each of which shall constitute an original, but all of which shall constitute but one and the same instrument, and each Grantor shall receive payment hereunder in such proportion as his/her respective interest bears to the entire fee simple title . ~ •. _y EXECUTED on the dates set forth in the acknowledgments, but effective for all purposes as of the ):1· day of au_y~ , 2011 (the "Effective Date"). GRANTOR(s): Janet E. Graham Pam Fox Joint Tenant with Lester A. Graham{deceased) (Representative for Lester A. Graham-deceased) Stephen Tully McDermott Mary (McDermott) Adams Elghandour Cheryl (McDermott) Griffith ~(_?>z<~~)4~;~~ /Z-t::fl~ ~ GRANTEE: BARGATH LLC By: Sandra J. Hotard Title: Attorney in Fact STATE OF COLORADO COUNTY OF GARFIELD ACKNOWLEDGMENT ) )SS: ) On thi s, the __ day of , 2011, before me a notary public, pe rsonally appeared Pam Fox, representing the Lester A. Graham (deceased) interest , and Janet E. Graham individually and as Joint Tenant of Lester A. Grah am, known to me (or satisfactorily proven) to be the person(s) whose nam e(s ) ar e subscribed to the within instrument , and acknowledged that they executed the same for the purpose herein contained . IN WITNESS WHEREOF, I hereunto set my h and and official seal. STATE OF COLORADO COUNTY OF DENVER My commission expi r es : ACKNOWLEDGMENT ) )SS : , Notary Public On this, the __ day of , 2011, before me a notary public, personally appeared Stephen Tully McDermott, known to me (or satisfactoril y proven) to be the person(s) whose name(s) are subscribed to th e w ithin instrument , and acknowledged that they executed the same for the purpose herein contained . IN WITNESS WHEREOF , I hereunto set my hand and official seal. , Notary Public My commission expires : STATE OF COLORADO COUNTY OF JEFFERSON ACKNOWLEDGMENT ) )SS : ) On this , the __ day of , 2011, before me a notary public, personally appeared .Mi!rY. (McDermott) Adams Elghandour, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument, and ac knowledged that they executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. STATE OF COLORADO COUNTY OF JEFFERSON My commission expires: ACKNOWLEDGMENT ) )SS: ) , Notary Public On this, the ~-=b ay of ~U-1> + , 2011, before me a notary public, personally appeared Cheryl (McDermott) Griffith, known to me(Or atisfactorily proven) to b e the person(s) whose name(s) are subscribed to the within in strument, and acknowledged that they executed the sa me for th e purpo se herein contained . IN WITNESS WHER EOF, I hereunto set my hand and official se ~~~2......... S BECKIE HIGDON Notary Public State of Colorado STATE OF COLORADO COUNTY OF DENVER ) )SS : ) The fore go ing in s trument was acknowledged before me this __ day of _______ , 2011 by Sandra J. Hotard, Attorney in Fact for Bargath LLC, on behalf of the company. On this, the __ day of _______ , 2011. before me , Notary Public My Commission Expires: EXHIBIT __ (_of_) Attached to and made a part of that certain Grant of Easement dated by and between Janel E. Graham, Stephen Tully McDermott, Mary (McDem101t) Adams Elghandour and Cheryl (McDermott) Griffith end Bargath LLC SECI'ION JB, TOWNSHIP 7 SOUTH, RANGE 92 WEST oftbc 6/b PRINCIPAL MERIDIAN, GARFIELD COUNTY, COWRADO R93W AC !2 7 R92W AC 8 7 7 13 18 18 18 17 I I I I ~I I 91 I ---( I 17 T7S I BC 1 1 8 STONE _l _____ 13 18r:l -~HAEF~~J;-----T----~8 WALn'R& ~ I I / WALKER ROLES ~~z IL PIPELINE MARVELLE.& I / · ~KEUY APPARENT iJl ~z 1 RIGHT-OF-WAY COUEY ('..-"'IARVELLE.& L PROPERTY gj ~~ 1 POB / --. r 1 KELLY ~INE (TY~~ ~ -__, L --COVE~------=--POT-CIL PIPELINE / \.. ...../ :,q N13.18'3!r E I RIGHT-OF-WAY / gr 12 n.w JANETGRAHAJiltmd I STEPTIEN NOTE: SEE DETAIL !tiARVELLE .& ;_-----McDEBMOTJ', MARY SHEET 2 FOR CIL KELLY I COUEY ::! ELGHANDOUR & PIPELINE DIMENSIONS z CIIERYL GRIFFITH 13 18 1337.36' 2674.72' 18 17 24 19 S89.43'38"E 4289.53' 19 20 DC 277.45' STATEMENT OF SURVEYOR: I + SCALE 1 " ~ 1000' 600' 0 1000' CHARLES F. WOOD STATES HE IS BY OCCUPAnON A PROFESSIONAL LAND SURVEYOR EMPLOYED BY BARGATH LLC TO MAKE A PRELIMINARY SURVEY OF THE PIPELINE _IL FOUND MONUMENT 0 SEC nON CORNER DOd FOUND MONUM ENT 114 OR 1116 CORNER Q OlliER FOUND MONUMENT CORNER NOTES: LEGEND BC BRASSCAP AC ALUMINUM CAP PC PLASTIC CAP IP IRONPIPE • PROJECTED OR CALCULATED LOCATION SECTION CORNER 1 .) DRAWING R EFERENCED TO NA027 DATUM STATE PLANE COORDINATES COLORADO CENTRAL ZONE. All DISTANCES SHOWN ARE GRID DISTANCES. 2.) APPAR ENT LANDOWNER INFORMATION SHOWN H EREON BAS ED UPON GARFIELD COUNTY RECENT ASS ESSOR PARCEL MAPS AND PARCEL RECORDS 1\ND RECORDER OFFICE DEEDS. RIFFIN & ASSOCIATES, INC. ~,,...,,._... 1414 ELK STREET, ROCK SPRJNG$, WY 82901 PHONE (SIJT) 362-M28 D.RG.JOilM 18108 RIGHT· OF· WAY AS DESCRIBED AND SHOWN ON THIS EXHIBIT, CONSISnNG OF 3 PAG ES; THAT THE SURVEY OF SAID WORK WAS MADE UNDER HIS SUPERVISION AND AUTI/ORITY, COMMENCING AUGUST 16, 2 0 tO; AND THAT SUCH SURVEY IS ACCURATELY REPRESENTED UPON THIS MAP. BARGATH LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RIGHT-OF-WAY FOR A PIPELINE SITUATED ON LANDS OF JANET E. GRAHA!tl, STEP/TEN 1TJLLY McDEBMOlT, MARY (McDERMOTT) ADAMS ELGUANDOUR AND CHERYL (McDERMOTT) GIUJ.JllTH SHEET 1 OF 3 EXHIBIT __ (_of_) Attached to and made a part of that certain Grant of Easement dated , by and between Janet E. Graham, Stephen Tully McDermott, Mary (McDermott) Adams Elghandour and Cheryl (McDermott) Griffith and Bargalh LLC SECTION 181 TOWNSHIP 7 SOUTH, RANGE 92 JJIEST of the 6th PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO DETAIL lYALT.ER& WALKER ROLES ------------- EXISTING GAS PIPELINE (TYP.) ~~or ---~ // ~~--<:--- r _.-_.-~ CIL PIPELINE RIGHT-OF-WAY MARVELLE & KELLY COUEY z 0 1=-,. uo.. CONSTRUCTION ~ ~ RIGHT-OF-WAY !i) ~ LOT 2 S ~ f(l PIPELINE TABULA VON Permanent ROIY.· 50 Feel Wide; MARYEUE & KELLY COUEY + 25' Right and 25' LfJft 289.19 Feel Construction ROW: 25 Feet Added Width 25' Left 289.19 Feel 17.5JRods 0.166 Acres 0 100' SCA.LE 1" = 100' 17.53 Rods 0.332 Acres RI FFIN & ASSOCIATES, INC. .:...,,p,;(::SJ 14 t 4ELKSTREET, ROCKSPRINGS, I VYB290t PHONE (307) 362-$028 REVISION 2 ·DATE: 8118111 REVISION 1 ·DATE: 8110111 D.RG.JOilll18108 BARGATH LLC KOKOPELLI PHASE II PIPELINE A PROPOSED RIGHT-OF-WAY FOR A PIPELINE SITUATED ON LANDS OF JANET E. GRAJIAM, Sl'EPllEN TULLY McDERMOlT, MARY (MeDER MOlT) ADAMS EI,(}HA.JVDOUR AND CHERYL (ltfcDERAtom G/UFFJTH SH EET 20F3 EXHIBIT __ {_of_) Attached to and made a part of that certain Grant of Easement dated , by and between Janet E. Graham, Stephen Tully McDermott, Mary {McDermott) Adams Elghandour and Cheryl {McDermott) Griffith and Bargath LLC SECTION 181 TOWNSHIP 7 SOUTH, RANGE 92 WEST oftlte 6th PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO RIGHT-OF-WAY REQUIRED FORA GAS PIPELINE TO SERVE BARGATH LLC ACROSS JANET E. GRAHAM, STEPHEN TULLY McDERMOTT, MARY (McDERMOTT) ADAMS ELGANDOUR AND CHERYL (McDERMOTn GRIFFITH LANDS PIPELINE RIGHT -OF-WAY DESCRIPTION A STRIP OF LAND 50.00 FEET IN WIDTH FOR PIPELINE RIGHT-OF-WAY PURPOSES SITUATED IN LOT 2 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO. THE SIDELINES OF SAID STRIP OF LAND LYING 25.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 18 AND 19, TOWNSHIP 7 SOUTH, RANGE 92 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND SECTIONS 13 AND 24, TOWNSHIP 7 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY COLORADO, BEING A BRASS CAP MONUMENT MARKED, GLO 1947, THENCE NORTH 13.18'39' EAST 1277.80 FEET TO THE POINT OF BEGINNING, BEING A POINT ON THE BOUNDARY COMMON WITH MARVELLE AND KELLY COUEY LANDS AND JANET E. GRAHAM, STEPHEN TULLY McDERMOTT, MARY (McDERMOTn ADAMS ELGHANDOUR AND CHERYL (McDERMOJn GRIFFITH LANDS, BEING THE EAST LINE OF SAID LOT 2 : THENCE SOUTH 89°06'38'' WEST, 153.35 FEET; THENCE SOUTH 62.56'41" WEST, 135.84 FEET TO THE POINT OF TERMINUS AND BEING ON THE BOUNDARY COMMON WITH JANET E. GRAHAM, STEPHEN TULLY McDERMOTT, MARY (McDERMOTT) ADAMS ELGHANDOUR AND CHERYL (McDERMOTT) GRIFFITH LANDS AND MARVELLE AND KELLY COUEY LANDS, BEING THE SECTION LINE COMMON TO SAID SECTION 13AND SECTION 18, FROM WHICH THE QUARTER SECTION CORNER COMMON TO SAID SECTIONS 13 AND 18, BEING A BRASS CAP MONUMENT MARKED GLO 1947, BEARS NORTH 00057'51 ' EAST, 1450.45 FEET. THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE SHORTENED OR EXTENDED TO BEGIN ON THE EAST LINE OF SAID LOT 2 AND TERMINATE ON THE SECTION LINE COMMON TO SAID SECTION 13 AND SECTION 18, BEING THE BOUNDARY COMMON WITH MARVELLE AND KELLY COUEY LANDS AND JANET E. GRAHAM, STEPHEN TULLY McDERMOTT, MARY (McDERMOTT) ADAMS ELGHANDOUR AND CHERYL (McDERMOTT) GRIFFITH LANDS. THE ABOVE DESCRIBED STRIP OF LAND IS 289.19 FEET OR 17.53 RODS, MORE OR LESS, IN LENGTH AND 0.332 ACRES, MORE OR LESS, IN AREA. ~.RIFFIN & ASSOCIATES, INC. BARGATH LLC KOKOPELLI PHASE II PIPELINE 6fKi~14 1 4 ELK STRE'ET, ROCK SPRINGS, WY 82901 8 '6 PHONE (S OT) 382-6028 RfVI SION 2-DATE: 8/Hi/11 REVIS ION 1·DATE:8110/11 D.R.G.JOil# 18100 A PROPOSED RIGHT-OF-WAY FOR A PIPELINE SITUATED ON LANDS OF JANET E. GRAIIAM, STEPHEN TULLY Mt.:DERMOIT, IIIMlY (Mt.:DERJIIOTn ADAMS EWHANDOUR AND CHERYL (lllcDER!IIOTn GRIFFTIH DRAWN BV: KMl I DATE: 7117/11 JIIPPROVED BV: CfW I DATE : 8118111 CHECKED BV: CFW I DATE: 8/16111 I SCAlE: tiONE ~~ I ~wam 18108-GRAHAM-PLROW SHEET 30F3 476980 B-938 1-tll.DRED AIBOORF' P-56 04/21/9~ ~~:58P PG 1 OF 1 GARFIELD CC l CLERK AND RECORDER IF------------------------ REC 5.00 QUITCLAIM DEED THISDEED,Madethi s 6th dayof April between Jerry Cook and Dorothy R. Cook ofthc •count yof Ga1·field Colorado, grantor(s), and Lester A. Graham and Janet E. Graham as Joint Tenants h I I dand .Ruth Vernita HcDennott w osc ega a ilrcss 1s of th e Coun ty of . 19 95 . and State of as to an undiv'ded ~ interest as to an undiv'ded ~ interest and State of Colorado, grantee(s). WITN ESSET H, That the grantor(s), for and in consideration of the sum of Ten and More****** f Dollars the rec eipt and sufficiency of which is hereby aelmowledged, ha ve rem ised, relea ..:d. sold and QUITCLAIMED, and by these prese nts do remi se. release, st U and QUITCLAIM unto th e grantee(s), their heirs. successors and assigns, forever, all the right, title, interest, claim and dema nd which the grantor(s) ha ve in and to th e real property. toge th er with impro1·cmcnts, if any, situate, lying and being in the Cou nty of Ga rf i e 1 d and State of Colorado, described as follows: Section 18: Lot 2 Township 7 South, Section 13: E~NE~ Range 92 West, 6th P.M . less the East 3 acres. Range 93 West, 6th P.M. Including all of Grantors right, title and interest to the following Oil and Gas Lease as it covers the captioned lands only: the Oil and Gas Lease dated August 24, 1962 and recorded at Book 344, Page 479 of the Garfield County Records, by and between C.A. Graham, Attorney in Fact for Walter B. Stauffer, Ruth Vernita McDermott, Maud Irene Kraybill and Laura Fae Graham as LESSORS and The Superior Oil Company as LESSEE, grantors hereby agree, convey, grant and stipulate that notwithstanding Clause 9 (the entireties clause) of said Le ase , all royalties, rental s or payment s of any k1nd accruing hereunder, which is no1~ o1· in the future owned in separate tracts, shall be based upon the ownership of each separate tract or t r acts. ai~.XO:K~ItiCIXl:IIJ()II(OII!I)(~I( assessor's sched ul e or parcel nu mber : TO HAVE AND TO IIOLD the same, together with all and sin gu lar the appurte na nces and privileges th ereun to belongi ng or in anywise thereunto appertaining, and all the estate, right , title, interest and claim whatsoever, of the gran tor(s), either in law or «JUity, to the only proper usc, benefit and behoof of the gra ntee(s) their heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) have e.lecutcd this deed on th e date se t forth above. STATE 01' COLORADO, County of Garfi e 1 d The foregoing innrumenl was acknowledged be fore me I hi~ by Jerry Cook and Dorothy R. Cook Dorothy R. C~k } ~s. !/ dayof April II My rom mission expire.s :5 -l~·t:f ~ Witness my hand and official seal. •tr in O.:m-e r, insert "City and". '1995 ' ··~WIJ\'~. ').. . . ·.::,-:. Nurc ml Addrru o(f'<ooo Crm~ N<•:yCrulro I....,J ~<I l&.lS.106.l, C,R S ) No. 933 . Rer. 4-94. QUITCUIM DE ED So<!.o Budford l'\ltlishin&. t74l Waue Sc •• D<mn. CO 50202 -003) 29l-2SOO-9-94 GARFIELD COUNTY TREASURER Certificate of Taxes Due Account Number R247009 Pa~1240313100033 Certificate Number 2009007927 AM!$ 93 .35 Order Number Kokopelli Loop Pipeline, Ph85C II AJscs.!ed To Vendor ID Counter GRAHAM, LEST ER A & JAN ET E & MC DERRMOTI, STF.I'IIEN T & MA RY & CHERYL 950 LEYDEN STREET D rN' 0 DENVER, co 80220 ~ v I '-".. Legal D=ription Situs Addn:s$ Section: 13 Township: 7 RJinge : 93 E2NE Section: 18 Township: 7 Rnnge : 92 LOT 2(N BT 13.35AC) y~ 2010 Cbarges Tax Grand Total Due as of07/26/2011 Tax Billed at 2010 Rate& for Tax Area 024 • 2 HD-RF • u24 Authority Mill Levy GARFIELDCOUN'TY I 1.4530000 GARFIELD COUNTY • ROAD & B 1.4680000 G.\RFIELD COUN'TY ·SOCIAL SB 0.7340000 RlPLB & RURAL FIRE ·GENERA 6.2840000 COLO RIVER '.V.\.TERCONS 0.1880000• WEST DIVIDE W.\ T ER CON 0.0480000 " ORAND RIVER HOSPITAL 5.0820000° SCHOOL DIST RE-2 14.4650000 COLORADO M1N COLLEGE 3.9970000 GRAND RIVER 110S1'1TAL-IlOND 0 .5150000 GARFIELD COUNTY PUBLIC LIBR 0.86400001' Taxes Billed 2010 45 .0980000 • Credit Levy Billed $40.12 Amount $10 .18 Sl.31 $0 .65 $5 .59 S0.17 S0 .04 S4 .52 $12 .87 $3 .56 $0.46 $0.77 $40.12 Values PaymcaiS $40 .12 DRY F.\.RM LAND· AGRlCLmL Total BalBJ.ce $0.00 $0 .00 Acru..at · As seliSI:t1 $3,070 $890 $3,070 $890 All Tax Lien Sale all'lO\Jnts are subje ct to change due to endorsement of current taxes by the lienholder or to advertising and distraint warrant fees. Changes may ocOJr and the Treasurer's Office will need to be contacted prior to remittance after tho following dates: Personal Property and Mobile Homes -September 1, 2011, Rea l Property • September 1, 2011. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Sp ec ial taxing districts and tho boundaries of such districts may be on flle with the Board or Coonty Commissioners, the C0\1nty Clerk, or the County Ass ess or. This certificate does not Include land CX' Improvements asse ssed under a separate account number, personal property taxes, transfer tax or mi sc. tax collected on behalf of other entitles, special CX' local imprQvement dlsltlct assess ments CX' mobile home s, unless speci fically menUone<l . I, the undersigned , do hereby certify that the enUre amount of taxes due upon the above described parcels of real property and all outstand ing sales for unpaid taxes as shown by the records In my office from which the same may sUII be redeemed with the amount required fCX' redemption ere as noted herein. In witness whereof, I have hereunto set my hand and seal. Jul 26, 2011 1 :25:56 PM 109 8th Street, Suite 204 Glenwood Spril'll)s co. 81601 Page 1 of 1 STATE OF COLORADO COUNTY OF GARFIELD PIPELINE EASEMENT § § § This Pipeline Easement (the "Agreement") is effective as of the Effective Date and is entered into by and between Gretchen S. Dumas, (hereinafter the "Grantor"), whose mailing address is 7671 County Road 319, Rifle CO 81650, and BARGATH LLC, (hereinafter the "Grantee"), whose mailing address is 1001 17TH Street, Suite 1200, Attention: Sandy Hotard - Midstream, Denver, Colorado 80202. FOR AND IN CONSIDERATION of the sum of One Hundred and No/100 Dollars ($100.00) ("initial payment") and other good and valuable consideration in hand paid, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, warrant and convey and assign unto Grantee, and its successors and assigns, an exclusive easement and right of way for the purpose, at any time and from time to time, of surveying, clearing, excavating, installing , laying, constructing, maintaining, inspecting, operating, altering, repairing, testing, replacing, relaying, changing the size of, relocating, and removing and/or abandoning in place one or more pipelines, and appurtenances, along with ingress and egress, for the transportation of oil, gas, petroleum products or any substances which can be transported through a pipeline, and erecting, maintaining and removing drips, valves, fittings, meters, cathodic protection and other equipment and appurtenances as may be necessary or convenient for such operations, and if necessary, to construct, maintain, operate, remove, upgrade and replace electric power and/or communication and control facilities (all rights granted herein being collectively referred to as the "Purpose", and all of Grantee's personal property being collectively referred to as the "Pipeline Installation") on, over, under, through and across a strip of land FIFTY feet (50') in width (the "Right-of-Way"), situated in the Southeast Quarter of Section 14 , Township 7 South, Range 93 West of the sixth Principal Meridian, Garfield County, Colorado. Tax Parcel Number (s): 2403-144-00-035 Bounded substantially by lands now and/or formerly owned as follows: On the North by lands of: On the East by lands of: On the South by lands of: On the West by lands of: James L. Rose John Paul and Jessica Miller. and Timothy and Ida Lynn Roe Nancy S . Pitman and Barbara A. Pitman Revocable Living Trust Tee Pee Bible Camp Notwithstanding said Tax Parcel Number (s) designation, this right-of-way shall be effective as to the tract(s) actually owned by Grantor whether or not the Tax Parcel Numbers correctly identifies the location of the tract (s). Attached Exhibit "A" describes further said boundaries for this property, as well as, further describes center line of pipeline Right-Of Way. (herein referred to as the "Property"). Upon completion of the installation of the facilities installed under this agreement hereunder, Grantee shall record an as- built drawing in order to provide the location of said facilities. TO HAVE AND TO HOLD unto Grantee, its successors and assigns, such grant to be for the Purpose granted herein for as long as a pipeline is maintained thereon by Grantee, its successors and assigns. This Agreement is made subject to the following terms and conditions: 1. TEMPORARY ADDITIONAL WIDTH: During temporary periods, Grantee may use additional 25 feet Construction space as is reasonably necessary or convenient at locations such as roads , streams, ditches, or specific areas which require more difficult procedures during its exercise of the Purpose . Attached Exhibit "A" shows the approximate center line. Detail sheets will be provided prior to construction showing all Rights of Way and additional work space needed for construction purposes only. 2. USE AND ENJOYMENT: Grantor reserves the right to the use and enjoyment of the Right-of-Way for farming, recreation and other uses excepting for the Purpose herein granted, but any such use shall not hinder, conflict, or interfere with Grantee's surface or sub-surface rights hereunder or disturb its facilities without the express written consent of Grantee . 3. CONSIDERATION : Grantor and Grantee agree that the consideration paid for this Agreement is also the full, complete and final payment for the enjoyment and use by Grantee of its rights hereunder and for any and all injuries and damages of whatever nature and character to land, crops, timber, fences and improvements on, over and across the Property occasioned by the initial construction of the Pipeline Installation. Grantor hereby covenants that any and all claims that he has or may have because of the Grantee's construction operations on the Pipeline Installation on the Right-of-Way have been paid and satisfied in full . Whenever lands are disturbed by Grantee during times of pipeline construction or maintenance, at a suitable time after work completion, Grantee shall reclaim and reseed the land and repair any damage to fences and other structures (with material of "like kind"), as well as crops, timber and pasturage of Grantor that may subsequently arise from the exercise of the rights herein granted after the initial construction. It is agreed that the barn located North of County Road 319, shall not be disturbed, as it is outside of the right-of-way and/or temporary workspace areas. If it becomes necessary for residences to be vacated during the construction or testing of the pipeline, Grantee agrees to incur the costs of relocating anyone that typically resides in the affected residences during the affected period . Should a second pipeline be laid under this Agreement at any time, an additional consideration, calculated on the same basis per acre paid to Grantor in connection with this Agreement, shall be paid for the additional pipeline . 4 . INITIAL DEPTH OF PIPELINE(S): Grantee agrees to initially bury any pipeline(s) so that the top of said pipeline(s) will be buried at least thirty-six inches (36") below the existing ground level contour at the time of initial construction. In areas of rock concentration or where it is difficult and not practical to bury the pipeline that deep, any pipeline(s) shall be buried so that the top of said pipeline(s) will be buried at least eighteen inches (18") below the existing ground level contour. 5 . FENCES, GATES AND ROADWAYS : Grantee shall have the right to install gates or fences around any above- ground portion of the Pipeline Installation . If there are gates or roadways now existing along the Right-of-Way, Grantee shall have the right to use such existing gates and roadways in the exercise of all rights confer red herein. 6 . OBLIGATIONS ON TERMINATION : When said Right-of-Way is no longer useful , necessary or convenient to Grantee for the Purpose described herein , Grantee shall execute and record a release of this Agreement. 7. ASSIGNABILITY: This instrument and the covenants and agre ements herein contained shall be assignable in whole or in part. 8. ARBITRATION: If for any reason Grantor and Cabot should have any dispute associated herewith , and three months thereafter the parties are unable to reach mutual agreement to resolve all issues, then Grantor and Cabot agree to resolve any and all remaining disputes through binding arbitration as ascertained and determined by three disinterested persons, one thereof to be appointed and paid by Grantor; one by Cabot, and the third appointed by the two aforesaid with payment equally shared, and the award of the three persons shall be final and binding. 9. COOPERATION: Grantor agrees to cooperate with Grantee in obtaining any permits, licenses, permissions or approvals, including but not limited to driveway permits, highway access permits and land use permits (hereinafter "Permits"), which Grantee deems necessary or convenient to conduct, certify, confirm, evidence, facilitate or effectuate the Purpose . Grantor agrees to join in the application for any such Permits if Grantor's signature is required in the application process . 10. INDEMNITY: Grantee does hereby covenant and agree to indemnify and hold Grantor harmless against any and all losses, damages, claims, demands and suits (and all reasonable costs and expenses incidental thereto, including court costs and attorney's fees) that Grantor may suffer to incur or to which it may be made liable (collectively, "Claims"), to the extent that such Claims are incident to, or connected directly with, Grantee's performance or exercise or failure to perform or exercise the Purpose contemplated or operations hereunder, EXCLUDING all losses, damages, claims, demands and suits resulting from the negligence, gross negligence or malicious acts (or omissions) of Grantor, its agents, employees or representatives. 11 . ENTIRE AGREEMENT: This Agreement co nstitutes all of the agreements and stipu lations of the parties pertaining to the subjec t matter of this Agreement, supersedi ng all prior agreements, representations or understandings, whether written or verbal, and may be modified or amended only by a written agreement signed by both parties. 12. SEVERABILITY: In the event any provision or any portion of any provision of th is Agreement is held by a court of competent juris diction to be in va lid or unenforceable by rea son of any law or public policy, such provision or portion thereof shall be co nsidered to be deleted, and the remainder of this Agreement shall const itute the entire ag r eement between Grantor and Grantee covering th e subject matter hereof. 13. COUNTERPARTS: This Agreement may be executed by Grantor and Grantee in two or more counterpa rts , each of which sha ll co nstitute an original , but all of which shall constitute bu t one and the same in strument, and each Grantor sha ll receive payment her eunde r in such proportion as his/her respective interest bears to the entire fee s imple title. EXECUTED on the dates set forth in the acknowl edgm ents , but effe ctiv e for all purposes as of th e J-6 ~Y of S'( ~kmb t (, 2011 (the "Effective Date"). GRANTOR : Gretc hen S. Dumas STATE OF COLORADO COUNTY OF GARFIELD ACKNOWLEDGMENT ) )SS: ) 11'-. On this, the~ day of , 2011, before me a notary public, personally appeared Gretchen S . Dumas, known to me (or satisfactorily roven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. [ro~~ --=-~~~------------~----~~ STATE OF COLORADO COUNTY OF DENVER ) )SS: ) , Notary Public My com i ion expires: g -19 -1 ') The foregoing instrument was acknowledged before me this .h._ day of 06\o be { Hotard, Attorney in Fact for Bargath LLC , on behalf of the company. , 2011 by Sandra J. On this, the \C.:> day of C>C,..,\ob e( This instrument prepared by: Cathleen Anne Horen Contract Land Rep . Williams-Bargath LLC 1001 1 ih Street, Suite 1200 Denver, CO 80202 , 2011. before me , Notary ubhc My Commission Expires: t ()/ttl~ IQ APRIL R. HARRI S NO TAR Y PUBLIC STAT E OF COLO RA DO ~~ ........ _,. ,...... ,..... I. #~ --;,r ... . , "' ...... ~ ... ~ 4..·~.:·' .' ~-,., ·· .... ..... -.. • • EXHIBIT A ,k+e q /:;_g /r r r ---~ ' " -.... -.. ._, -~---~ --' -..; I • _.--;· • --=-·--+:;::·--.... I .. 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G'K£tCBEN ;, ·"' .' · . : · .· .... ·-~·-_.-"l~~~J~o;.-oJs ·'bf£, J¢-_ _{:":. ..... -.. _ ~;:;.:-::-.:-,·;=:;,-::-:7.-.-.-. ~ •.• .. -.o_--:.._ -----~-~-· ·-_ _ _ • : • • D lJMAS. GR E TCH EN ~4 13 .Jl :.--· • ··~-.,..-:-·.:·, •• :--.,-·.··rr '"~i -.·:· .. 7~·· P mt-tN.,\'·1NCY \ -------,-·-;-~ ..... --c:---:.:.~'W·~~~:.-.:&-·------;::::~ ~···. • '· . .:.···~··A··.-~ ... ~"':::_·: •. ~ • ':"• ·.. ·. ':.-·,·~-· --· I : CvlJEY,M4RJIE~.JLE<~KELLY . 23 24. .• .--•. • . • • •• •• ' .......::. -', ...... .J.• ·~ •• ~ • • • • ... -~ ......,.,.N\_.3'··'"" ·• I·· -• • •"' • • • ,... ~ • "' • •• ' .. I,;.J U!;t")o{\(:'".1 -'••' ' I ' ,. ' _,I:),J ~-.."'1'~> •<; .•" _,.. ~ 4: ~_..~._.,A.;..· .... ~·~ ~~ ....._-, ~ APPROXIMATE '· • ,, • • • . :;• --;,;' ~ 1.. "":.; ...... 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I''" """"" • ._..,.. •r' .'a ,, ... ,, " I •• -,'.'• ':·, =-p.-_:.;.~·:::.._ ___ f·l PIPELINE TABULATION ~. B..4RGATH LLC .J. ,...., j ORIGINAL PLAT LENGTH AoomONAL LENGTH RIFF IN & ASSOCIATES, INC. KOKOPELLI PHASE II PIPELINE :t3.374 FEET SEGNENT1 :1:503 FEET f'IJTI N~-~ 14 14 ELK S T .. ROCK SPRINGS, WY 82901 A PROPOSED RIGHT .OF·WAY FOR APIPEUNE co~~RAOO 1 f4 ' • -- \_ . ·-.... · sednoN LINE · '• (TYP) ~~ SEGNENT2 :t1.824FEET ORAWN:0912 711 1· TKM I SCALE: 1-•1000• SITUATED ON LANDS OF TOTAL :t2.327FEET I CHECKED:09127111·LGS I ORGJOSNo. 18108 I REVISION A: 09127111· TKM SHEET1 OF 1 GRETCHEN S. DUMAS ·,_.· ,. •;". ,:. :. :. •. . ·~ . ·-·~. WARRANTY DBBD ntiS DfiiJO, Mt4<1hh 14th doyot D!CIUIIIIIR 19 9CI b<to'ttn J»>ZS C. P.AAXIR 0( 1M ' Cooalyot Gl\RVIBLD ColocMo, .,..,...,., • od DAKlBL A. DUMAS AND ORBTCHBN 8 . DUMAS 36840 TURBINE NAY, SAUGUS , ~ 91350 0( Ill< Olvflly~ .GARRao DEC 2 0 1990 Staro Doc. r .. tile~ Ca lifornia .tJid S~>:t 0( rt:Jr/ri4A ffUII~ wrnrossanr. 'Thotlho &;r~~~lo. r,. ... , •• conri6clllicft ot 111< .... ot .. 'OX£ kUXDUD S1 lCIT liOOSUD A~O WO/IOO>"u . . : -OOUJ\P.S, 'oi ; ~ ,_,. o.r.d ~ c1-1o M<tlr,l ~. ""VUftd, \>a!s~. oold ond «>"')''d. and~ O..:o ,_don VIM. bo<Volrl;,.;l •... -•. _...yondconfrm, I.W'oiOihte<•-.llltho'Jtll'dln'Cftt~ ... olll\o INI -~··-~ ~n-ANt,l any,-., ~1ng lf>d ~In~··?:~:·:, OtuNfcl Ql\Rl>I'Eto .,.dS\IItciOOiocoto .. wW<d ot ..,._,: .,:, · SEB EXHIBIT "A" ATl'ACRID JIBRBTO AND POJUUh'O A PAAT HBRBOF ~ECOP O ED AT I ';/:.!f HC ~ 421583 o•cLocKP .H. fEB 28 199\ MILD~ED ALSDORF, CO U~TY Cl ERk GARFlEtO COUNTY, COLORADO .. ,_,.,,.,..,&nd,...bt<u: 7669 COUIITY ROI\1) 319, Sll,.?, ·CO TOOETHal wUI <' .tJid rirq<Hf N ~H..,-11/Nrll 61!6 OWiriOcW>COI ,..,..,. btlo<lf'ng, .. h lit,..._ -•l..wnt. .,.j Ill. _,.....,.,., ll'd : :"::: · -~--....... -.~tt • .., • .-,., , ............. 01\d,... UW<od, """.,.,. ....... "'N. &It, ln\tlttl, cl•~ ai-4 iJt<Nnd -.!lit...;.;( . ., vii·;'.: .. gr-.oiO>orln...,,.t<;<~.,.,cl,lo.ltldt.>Ntbooot~IOCipt...,...,.., .... hHtdl•rot<tHM,_t,..,.,..._ ·· · ·'::: .:· ·. ,;·:. ' TO W.Vi N¥:J TO IIOID 11\o told pt..Jotl -. ki9a',.., Ol>d ,._-,. ~ .. ""'4 lllt gr.,..., Ns liMo 1M 1-aip ~ ·;·: .. · lo<,_,AndlflotlaNOf,lo<-.h'o l\tl. .... .tJid,...9.,ot"p<-._doot-.O<W.bf.~,trdtgtHI061!d""'l!\t 9fMIM,I\Io~-'i "V.d ::.~ . ~""' .. ,. .... "',. •-.v """do/Hory 01 ...... ,. ........... h .... Ot!Jod "'"'" , ....... •1><1-~ ~ .... Q004:W... pf.\..i;~ .· iN'4 tn4tlt..,_ ~. d 111 llt<ttllct, In'"'·""'" tlnllit. 1M lw 9<>0d"'N. ,.;,-.~ ~'ld t..!\.1 w )IOcty iO """-btrvtl'.. .. ,.;.a··~tit ·i.,;,o :·;·; · . · t", In miMO< 6114 1om! .. olo<tttld, 1M llltl lht Wilt lit ... iN'4 d06t ..;,. U """"" 1M O'J>N 01""-' ,.,,...._ uld, _Jo<~l; 111n .~.. · ·. ~ ... SB& EXH IBIT "8" ATTACHii:O IIZRB'l'O AND J'ORHIIlG A PAR'l' HEIU!OF Thog<.no.-""" ... WNW-Hr Nf.l ~~1110 -~·"""" prtm1 ... 1n lho Gilt! t rod pt>«t b'• po__, ollllt grwHo. . •. , • Nt Ploh 6114 ~ 011-II 6114 t'tt'/ pt<ton 01 ponM. ~d&l-"""9 L'lt-et "'1 pL'IIII.,od. Tht ""e<'ll,....l>Oi' VAll~ lilt ~;f-_:,.. ·' ,.,.,.oiii>Oolngo.-lat,tt.dlhoOAOd""'fO"dtto\tll>t~tlo119HI<I.,.. -- ~$S~AEOF,I!It '""-"'"""""'"' "'-"IIH<f on flodtlt &H lo<tt>ol>oW. c-~ . ' .;""".\"- PARUR SfATeOPCOLOMDO ... Coootyor OJIRPIBLD 'llMIIor<&dnclr"'"'"""l-ot'"-led&<d bt(ote -~~ JJIKZS c . Pli!UU!R 14th ,19 dtyot DECEHOBR 90" .. -· ... ~ '. ~:. '-:' ., ' '· ·"· '·' .... ·'···, ···~·t :~: ~. :~· .'.~:{J.~}~::;:~:~:~~~I?~ ~:;?.-~.::,,. ~· ==~: EXHIBIT 11 A11 Parcel 1 A parcel of land in tha Sl/2 of Section 14, Township 1 South, Range 93 West of the 6th p,M. being a portion of that paTcal of land described in Book 534 at Pa~e 474 in the office of tho Garfield County Clerk and Recorder and be1nq more particularly described as follows: Beginning at a point whence the East 1/4 Corner of said seotion 14 bears North 58°37 1 02" East 2790.84 feet; thence South 86°59'0611 Bast. 543.24 feet; thence South 03°04'19" West 199.27 feet to a point in the southerly right of way fence of county Road No. 319; thence a\_ong said fence line south 63°05'05" West 309.07 teet; thence SoUth 7!\0 44'09" west 212.70 feet; c:hence departill~¥ said fence line North 06°48 1 05 11 West 422,85 feei:; to the POINT OF BBGlllNING. Parcel 2 A parcel of land in the Sl/2 of Section 14, Township 7 south, Range 93 West of the 6th P.M. being a portion of that parcel of land described in Book 534 at Page 474 in the office of tho Garfield County Clerk and Recorder and being ~ore ~articularly desoribed as follows: Beginning at the SE Corner of said Section l4 tlhence the Eao~t 1/4 Corner of said Section 14 bears llorth 00°22'53" East 2647.79 felilt; thence South 89"40'44" West 2629.74 feet to the south 1/4 corner of said Section 14; thence North 89°18'1511 !<lest 1268.13 teet along the south line of said Section l4 to a point in the Easterly right of way fence of county Road 319; thence continuing along said fence Nor~h 00°41'!5111 west 438.04 feet; thence 55.60 teet along the arc of a curve to the right 'having a central angle of 79°38'17 11 and a radius of 40.00 feet the chord of which bears North 39°07'18" East 51 .23 feet; thence North 78°56'2611 East 1543.68 feet; thence North 75°44'09" East 212.70 feet; thence North 63°05'05" Bast 309.07 teet; thence Nort)} 64°10'04" East 46.\8 feet; thence North 74°47 1 31" East 733.23 feet; th.mca North 80°53 1 52 11 East 163.55 feet: thence North 88°33 1 1311 East 30.27 feet; thence South 81°27'25" East 936.43 feet to the Bast line of said Section 14; thence South 00°22 1 53 11 Bast 1066.85 feet to the POINT 0~ BEGINlliNG, ':···.:. : ·..; .. _:·.: ._...; ·•. ;.,/ .:~~?~. :. . -~· .:· .· .. BDIBit' 11B" General taxa• and ••••••••uta for the year 1990 and aUbaequent yaara. Rl9h~ of the proprietor of a vein or loGe to ntraot and r .. ove ·~l~ ·:. ':':'-·_ ora tbarefroa, aboul4 tbe naa ))a foun4 t~ penetrate or intaraeot. t .ll• .. : '::<.:. pr•laea hereby qranted, and a rigbt .or:way ror cUtohoa or aanal!J aa.:·· · ·.: ooutruota4 by the authodty of the ~lta4. States, as r .. erved ia: · .. ·::, . united ~tataa Patent reoor4e4 Daoaabar !3, 1896 in Book 12 at Page · ' • cu, an<l in patent. raoorcled ~ril 16, 1913 in Book 73 at Pt.CJO 160. :; . .':" Reservation of an un4lvi4ed ona~third interest in all oil, gaa ·~ .• M· other minerals aa raaarvad by KJroo c. sours an4 Kathryn• soura - deed recorded ~abruary 15, 1951 in Book 256 at Page 591 and any .,. interoat. tbarain or a .. icpmante thereof . i~. . • .·' .... . ,, ., .'~ .., Any portiol:l of the aubjeot property lying within the right of way for · :: .. county Road lfo, 319 aa in plll.oa end n use and es <leaor.lbed in deed\ <.;:>:<';·. raoorded January 11, 1933 in Boo~ 159 at Page 416. ~er ·' , 0>-:' .. Basement end right of way ror any irrlgatiou· 4itoheo aB in plaoo ~ hu~. ~ Reservation or an un4ivi4e4 one-half intareet in and to all oil, gas . · and other 11.inera1s as reeervad by Pa\11 J. Baaa and rern P. Baa• ill .. :',•:. '..': dead reoor4ed Kay 27, 1958 in Boolt 309 at Page 58, and any illtoroeta'"·: :.':;-;:,· tberein or assignments thereof, · Tarae and conditions Parker, as Laaoors, and 23, 1990 in Boolt 779 at aeaiqnaanta thereof • of Oil and Gaa Leaaa br and b4twean James c. Mobi~ Oil corporation, •• Lee•••· recor~ed Kay Paqe 747, and any and all intereate therein or Basement and riqbt of way tor a power line Riohard L. Bolaan dated Ro~~•r 18, 1990 • as shown Basements and riqhta ~f way of an apparent nature. 011 aurvey by -t:·- ;:'.: l' 'j'··. :;. . ··~· .. . ~ . ·.·· :"· 1., ~ ,;:_,· .. ;:-: Account Number R247031 Parcel 2403 14400035 Assessed To DUMAS, GRETCHEN S 7671 COUNTY ROAD319 RIFLE!, CO 81650 GARFIELD COUNTY TREASURER Certificate of Taxes Due Certificate Number 2009007932 Acres 84.09 Order Number Kokopelli Loop Pipeline, Phase II Vendor ID Counter Legal Description Si!\1$ Address Section: 14 Township: 7 Range·: 93 A TIUN S2 CONT. 3.84 AC. AK.\ PARCEL I. A TR.IN S2 SEC. 007671 319 COUNTY RD,7671 W 14 CONT . 80.25 .\C. AKA PARCEL 2. M.\MM CREEK RD Year 2010 Charges · Tax Grand Total Due as of07/26/2011 TIIX Billed at 2010 Rates for Tax Area 024-2HD-RF-024 Authority Mill Levy GARFIELD COUNTY 11.4530000 GARFIELD COUNTY-ROAD & B 1.4680000 GARFIELD COUNTY-SOCIAl. SE 0.7340000 RiFLE & RURAL FIRE-GENERA 6 .2~0000 COLO lUVBR WATBR CONS 0.1880000') WEST 01\'IDE WATER CON 0.0480000• GRAND RIVIiR HOSPJTAl 5.0820000• SCHOOL DIST llE-2 14 .4650000 COlORADO MTN COLLEGE 3.9970000 GRAND RIVER HOSPITAL-BOND 0.5150000 GARFIELD COUNTY PUDLIC LIDR 0.8640000• Taxes Dilled 2010 45 .0980000 • Credit Levy Billed S2,079.92 Amount $528 .22 S67 .70 $33 .85 S289.82 S8.67 S2.21 S234.38 S667 .13 $184.34 $23.75 $39.85 $2,079.92 Value.\ Pllym~nt$ $2,079.92 SINGLE I'AM.RES.- LAND SlNOLH !lAM.ltES- lMPROVEMTS Total so.oo ActWll Assessed $336,000 $26,750 $243,300 $19,3'70 SS79,300 $46,120 All Tax Uen Sale amounts are subject to change due to endorsement of rorrent taxes by the lienholder or to advertlslng and distraint warrant fees. Changes may occur and the Treasurer's Office will need to be contacted prior to remittance after the following dates: Personal Property and Mobile Homes-September 1, 2011, Real Property-September 1, 2011. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Spe~allaxlng dlslrlcts and the boundaries of such districts may be on flle with the Soard of County CommiSsioners, lhe County Cieri<, or the County Assessor. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax Of misc. tax collected on behalf of other entitles, special 6r local Improveme nt district assessments Of mob1le homes, unless specifically mentioned. 1. the undersigned , do hereby oertify that the entire amount of taxes due upon the above described paroels ~~ re;Ji property and all outstanding sales for unpaid taxes as shown by the records In my offloe from which the same may sUII be tedeemed with the amount required for redemption are as noted herein, In witness whereof , I have hereunto set my hand and seal. TREASURER, GARFIELD COUNTY GEORGIA CI-Wv!BERLAIN Jul 26, 2011 1:25:57 PM 109 8th Street, Suite 204 Glenwood Springs CO. 81601 Page 1 of 1 SUPPLEMENTAL AFFIDAVIT STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) DANIEL D. LeMOINE, being sworn, states that he is of legal age and has pe.rsonal knowledge of the fact that DANIEL A. DUMAS is the same person as DANIEL A. DUMAS referee~ to in the copy of the Death Certificate certified on MayS, 2010, by the state registrar of vital statistics fur the State of Colorado Md .,.,'liS at the time of his death on April24, 2010, the owner in joint tenancy with GRETCHEN S. DUMAS, by tbatdeed recorded in Book 1587 at Page 432 in the office oft he Garfield County Clerk and Recorder of the following real property situate in Garfield Cotmty, Colorado: SEE EXIDBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY TIUS REFERENCE abo known as 7671 County Road 319, RUle, Colorado 81650 formerly known by street and number ru1 7669 County Road 319, Silt, Colorado 81650 ond thnt affiflllt bas no record interest in soid real property. t:.!l (L, .-..J • Subscribed and sworn lo before me on tbis 3 tJ day of~ 2011 . My commission expires: t./ ·/cf' · ~/:J ~a.~ Not Public t --.-·--. ·-·----------.-···· --·-.-;·--·.I EXHIBIT 11A11 Pa·ra'el 1 I . A parcel of land in · the 81/2 of Seoti:on 14, Tqwnship 7 South, ~ange 93 tqest of the . 6th P.M. being a portion of that parcel of land described in Book 534 at Page 474 'in the .office 'of the Garfield County Clerk and Recorder and being more particularly descr ibed as follOWS I r· .. Beginning at n point whence the Bast. 1/4 cor ner of said . section 14 •beara ,tlorth.,.5B 0 37 1 02 11 •• Bast 2790,04 feet; thence south ll6."59'0611 East 543. 2~ foetr ·thence Douth 03 •o4' 1911 West 199 .27 feet to a point in the. southerly ~rlght of way fellOe of county Road No. 319; thence along # ·: .. said1. fenoe .. :.line . south 63°05 1 05 11 Ho s t 309,0'1 feet; thence · South• 1k 75"44 '0911 tr West ·212. 70 .feet; thenc e departing aaid fence line North 1 \'•i;! 06°48f0511 :·West '422 .85 feet ·t:-1;! the POIIIT OF BRGJtiNif!G , ,,. 1:, ! '·• .I •. ,,. .. ,.. . . . I I Parcel 2 &.1 , ;." '" .·.\ , .... \.,",111 l>t 0 0 '•" At paroellofcland in the Sl/2 of Section 14,.Township '1 South, Range11 93 West··of •ithe ~ 6th P,M. being a po rtion of that parcel of .land described lin nook 534 at Page 4 7~ in the office of the Garfield County Cl~rk and Recorder,an~ being mo re particularly described 1 ~s followsl .. ,; ~.,. • •.. 1 ::.t . , :•' ..... . : 1ou ~ lleginning • at the SB CQrner of said Sec tion 14 t~hen o e the East 1/4 Corner of said Section 14 bear s nor th 00"22'5 3 11 East 2647 .79 feetr· thence r.So uth.:09°40 1 44 11 \~est 2629.74 feet to the South 1/4-Corner of said,Seotion 14; thence North 09°10'15 11 West 1260.13 feet along the · south line of saiil Section 14 to a point in the Easterly dght of wa y fence JI•Qf1>1oCounty Road 319; thence c ontinuing a long s aid fence . t{otth 00°41 1 511!. West 438,04 . fel!t; thence 5 5.60 feet along the arcfcf a curve to·:the .right having a c entt·al angle of 79"30'17 11 and a radius of•·l 40,00 feet the c hord of which bear s n orth 39"07'1011 Bast 51.23 feetr thenctt llorth 78"56'2 6" ·Be~st 1543 .6 0 feet; th!!no e north 75"44'0911 Ea s t 21a.10 feet; thenc e llo.rth 63"05 1 05" Ba s t 3 09 .07 feet;. thence North M•10'I,l4 11 Bast ~6.10 feetrthe ri oe nort h 74°47'3 ~11 Ee~st , 733,23 feet; thence llort h 0 0 °53 '52 11 Ba st 163 ,5 5 fee t; thence tto rth . 80°33'13 11 Bast 30,27 feet;; the n c e Sou t h 01"27 '25" Eas t 936 ,43 feat to the' ~a st lino o f 'said Se ction . 1'\j thence South 00°22'53 11 East 1066,05 feet to.tha .POINT OF BBGitiNitfG • ... I .. ' ·--1 • • • •-·- 'v · 1111 lrr~. f111~.'.N.IJ f+'lr.~~ .. lr~~~+1~1.rii:IIH ~IJ. ~·111111 ReeeptionU: 809998 10/28/2011 03 :22:13 PM Jean ~lberico 1 o f 5 Re c Fee :$31 .00 Doc Fee :O.OO G~RFIELD COUNTY CO STATE OF COLORADO COUNTY OF GARFIELD PIPELINE EASEMENT § § § This Pipeline Easement (the "Agreement") is effective as of the Effective Date and is entered into by and between James L. Rose, whose address is 7669 County Road 319, Rifle, CO 81650, (hereinafter the "Grantor"); and BARGATH LLC, whose mailing address is 1001 17TH Street, Suite 1200, (hereinafter the "Grantee"), Attention: Sandy Hotard -Midstream, Denver, Colorado 80202. FOR AND IN CONSIDERATION, of the sum of One Hundred and No/1 00 Dollars ($1 00.00) (initial payment), and a Promissory Note for other good and valuable considerat ion to be paid, the receipt and sufficiency of which are hereby acknowledged , Grantor does hereby grant, warrant and convey and assign unto Grantee, and its successors and assigns, an exclusive easement and right of way, excepting Grantors rights reserved herein , for the purpose, at any time and from time to time, of surveying , clearing, e xcavating, installing , laying, constructing, maintaining , inspecting , operating , altering, repairing, testing, replacing, relaying, one pipeline, and appurtenances, along with ingress and egress, for the transportation of oil, gas, or petroleum products (other products transported through pipeline would need prior written consent by Grantor), and erecting , maintaining and removing drips, valves, fittings, meters, cathodic protection and other equipment and appurtenances as may be necessary for such operations, and if necessary, to construct, maintain , operate, remove, upgrade and replace electric power and/or communication and control facilities (all rights granted herein being collectively referred to as the "Purpose", and all of Grantee's personal property being collectively referred to as the "Pipeline Installation") on , over, under, through and across a strip of land: Thirty feet (30') in width (the "Right-of-Way"), located a ll or in pat1 of sec tion s 14, 15, and 16 of Town ship 7 South , Ran ge 93 We st of th e 61h Principal Meridian, Garfield Co unt y, State of Co lorado, and described as follows: Tax Parcel Number: 2403-153-00-046 Bounded substantially by lands now and/or formerly owned as follows : On the North by lands of: On the East by lands of: On the South by lands of: On the West by lands of: Shaeffer. Grass Mesa Subdivision. Cedar Springs Subdivision Timothy and Ida Lynn Roe . Ed Elder. Nancy Pitman Nancy Pitman Revokable Trust. Tee Pee Bible Camp, Bureau of Land Management. Hubbell Cabin. LLC. White River National Forest Notwithstanding said Ta x Parcel Number designation , this right-of-way shall be effective as to the tract(s) actually owned by Grantor whether or not the Tax Parcel Numbers correctly identifies the location of the tract (s). Attached Exhibit "A " describes further said boundaries for this property, as well as, further describes the center line of the Right-Of Way. (herein referred to as the "Property"). Upon completion of the installation of the facilit ies installed under this agreement hereunder, Grantee shall record an as- built drawing in order to provide the location of said facilities. TO HAVE AND TO HOLD unto Grantee , its successors and assigns, such grant to be for the Purpose granted herein for as long as a p ipeline is maintained thereon by Grantee, its successors and assigns. This Agreement is made subject to the following terms and conditions: 1111 ~.~.t~1,,~~~~M~ rM'rtl .. l.ti'Crl1~~·n:l~~ lr/i ~~~ IIIII Reception«: 809998 10/28/2011 03 :22 :13 PM Jean Alberico 2 of 5 Rec Fee :$31 .00 Doc Fee :O.OO GARFIELD COUNT Y CO 1. EASEMENT LOCATION AND TEMPORARY ADDITIONAL WIDTH: Grantee shall have the right to select, change, and/or alter the right-of-way easement location, as long as it remains reasonably close to the depicted alignment on the North side of County Road 319 of the above described property, prior to or during construction, with the consent of the Grantor which will not be unreasonably withheld or delayed . During temporary periods, Grantee may use additional 35 feet Construction space as is reasonably necessary at locations such as roads, streams, ditches, or specific areas which require more difficult procedures during its exercise of the Purpose. Grantee agrees to minimize the amount of disturbance of trees, in determining the location of this additional workspace. 2. USE AND ENJOYMENT: Grantor reserves the right to the use and enjoyment of the Right-of-Way for farming, ranching, recreation and other uses so long as they do not endanger, injure, hinder, conflict or interfere with the Grantee's surface or sub-surface rights granted for Purpose herein granted . 3. CONSIDERATION: Grantor and Grantee agree that the consideration paid for this Agreement is full payment for the proposed use by Grantee of its rights hereunder for the initial construction and uses of said Pipeline installation . If, however, Grantee desires to relocate, abandon , or replace pipeline, under this Agreement at any time, Grantee may perform such relocation, abandonment, or replacement for additional consideration, plus an escalation, based on the percentage change, from the date of this Agreement, in the Consumer Price Index-Western Division (all items), provided that the escalation will not be less than 3% per annum to be paid to Grantor (or his successors or assigns), unless prior written consent is obtained by Grantor. Whenever lands are disturbed during times of pipeline construction, maintenance or removal , at a suitable time after work completion , Grantee shall reclaim and reseed the land and repair any damage to fences and other structures , as well as crops, timber and pasturage of Grantor that may subsequently arise from the exercise of the rights herein granted, to Grantors satisfaction . 4 . INITIAL DEPTH OF PIPELINE(S): Grantee agrees to initially bury any pipeline(s) so that the top of said pipeline(s) will be buried at least thirty-six inches (36") below the existing ground level contour at the time of initial construction. In areas of rock concentration or where it is difficult and not practical to bury the pipeline that deep, any pipeline(s) shall be buried so that the top of said pipeline(s) will be buried at least eighteen inches (18") below the existing ground level contour if agreed to by Grantor, which agreement shall not be unreasonably withheld or delayed. 5. FENCES, GATES ROADWAYS, AND LIVESTOCK PROTECTION: At Grantor's request , all equipment or appurtenances to the pipeline, which shall be on or above the surface of the ground, shall be installed and fenced in a manner to protect Grantors' livestock when necessary. Any above ground installations shall first obtain the written consent of Grantor, whose consent shall not be unreasonably withheld . If there are gates or roadways now existing along the Right-of-Way, Grantee shall have a reasonable right to use such existing gates and roadway in the exercise of all rights conferred herein. Grantee agrees that during construction of said pipeline, livestock crossings will be provided where necessary. Further, all fences that must be severed or removed for installation and maintenance will be reinforced prior to severing adjacent to where the cut is made to prevent damage to the fence line . Temporary gates and fencing to preclude the escape of Grantors' livestock shall be installed where necessary. All fences that are cut or removed shall be restored in as good a condition as existed prior to installation of the pipeline, and to Grantors' satisfaction . 6. OBLIGATIONS ON TERMINATION : When said Right-of-Way is no longer useful, necessary or convenient to Grantee for the Purpose described herein , Grantee shall obtain written consent from Grantor (his successors or assigns) for the release of this Agreement. If said pipeline is to be abandoned, (rather than removed), consideration , calculated on the same basis plus an escalation , based on the percentage change , from the date o this Agreement, in the Consumer Price Index Western Division (all items), provided that the escalation will not be less than 3% per annum , shall be paid to execute and record a release of this Agreement. 7. ASSIGNABILITY: This instrument and the covenants and agreements herein contained shall be assignable in whole or in part, by either party. 8. ARBITRATION : If for any reason Grantor and Grantee should have any dispute associated herewith, and three months thereafter the parties are unable to reach mutual agreement to resolve all issues, then Grantor and Grantee agree to resolve any and all remaining disputes through binding arbitration as ascertained and determined by three disinterested persons, one thereof to be appointed and paid by Grantor; one by Grantee, and the third appointed by the two aforesaid w ith payment equally shared, and the award of the three persons shall be final and binding. 9. COOPERATION : Grantor (at no monetary expense) agrees to cooperate with Grantee in obtaining any permits, 1111 ~~-. ~~~rv.·.I'IIJ~~ft'IJ.I'r'i'~ ~~·~.,~1-ll'l~lj.f·~llt~.~·~ IIIII Receptionn: 809998 10/28/2011 03 :22 :13 PM Jean Alberico 3 o f 5 Re c Fee :$31 .00 Doc Fee :O.OO GARFIELD CO UN TY CO licenses , permissions or approvals, including but not limited to driveway permits, h ighway access permits and land use permits (hereinafter "Permits "), which Grantee deems necessary or conven ient to conduct , certify, confirm, evidence, facilitate or effectuate the Purpose . Grantor agrees to join in the appl ication for any such Permits if Grantor's signature is required in the application process . 10. INDEMNITY: Grantee does hereby covenant and agree to indemnify and hold Grantor harmless against any and all losses, damages, claims, demands and suits (and all reasonable costs and expenses incidental thereto, including court costs and attorney's fees) that Grantor may suffer to incur or to which it may be made liable (collectively, "Claims"), to the extent that such Claims are incident to, or connected directly with, Grantee's performance . or exercise or failure to perform or exercise the Purpose contemplated or operations hereunder, EXCLUDING all losses, damages, claims, demands and suits resulting from the negligence, gross negligence or malicious acts (or omissions) of Grantor, its agents, employees or representatives. 11 . ENTIRE AGREEMENT: This Agreement constitutes all of the agreements and stipulations of the parties pertaining to the subject matter of this Agreement , superseding all prior agreements , representations or understandings, whether written or verbal , and may be modified or amended only by a written agreement signed by both parties. 12 . SEVERABILITY: In the event any provision or any portion of any prov is ion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable by reason of any law or public policy, such prov is ion or port ion thereof shall be considered to be deleted, and the remainder of this Agreement shall constitute the entire agreement between Grantor and Grantee covering the subject matter hereof. 13 . COUNTERPARTS: This Agreement may be executed by Grantor and Grantee in two or more counterparts, each of which shall constitute an original, but all of which shall constitute but one and the same instrument, and each Grantor shall receive payment hereunder in such proportion as his/her respect ive interest bears to the entire fee simple title . EXECUTED on the dates set forth in the acknowledgments, but effective for all purposes as of the Cc \~'v>e v . 2011 (the "Effective Date"). GRANTOR: JAMES L. ROSE ~u.vA ~A \~-L- GRANTEE: ~H ~ ( _A ~'-.j · y : andra J . Hotard Title : Attorney in Fact ~--~ 5?/ ~day of 1111 Ml•• f~l~i.IKIJ.ti~ .tl'ili.llr~~WA~Nif.lt'l~ ~~~1 IIIII ReceptionH: 809998 10/28/2011 03 :22:13 PM Jean Alberico 4 of 5 Rec Fee:$31 .00 Doc Fee :O.OO GARFIELD COUNTY CO STATE OF COLORADO COUNTY OF GARFIELD ACKNOWLEDGMENT ) )SS: ) ~ D On this, the ..ll_ day ofc.rlo\:t. ( , 2011, before me a notary public, personally appeared James L. ~. individually, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. STATE OF COLORADO COUNTY OF DENVER )SS: ) My commission expires: , Notary Public The foregoing instrument was acknowledged before me this :2f.e._ day of Qf5L-i?p r I 2011 by Sandra J. Hotard, Attorney in Fact for Bargath LLC , on behalf of the company. On this, the &_ day of bc.J-D\oeC . 20.11, before me 1) L o\ 'z ~-lD-'f ~'v-- , Notary Publi ~ • My Commission Expires: w z fb w~ ~~ ~a: l . ...J<( W5u. ~ ~~ 9::: 0 Q.U.(/) -)., 0 Q •a.. -<(5 ~ W 3: (/) lL z ~ ~ qo a. t-o ~ J:w ::::d2 ~ ...J 0:: ::> W ot-a.w-0 (/) (/) ~ ~~ ~~ a. <( II II W• f~~~.·.r.11~. Ml~ .. rt~.IP/t~~1(1~r-.!lll•~.lril ~·~ IIIII ReceptionH : 809 9 98 10 /28/2011 03 :22 :13 PM Jean Al berico 5 of 5 Re c Fee :$31 .00 Do c Fee :O.OO GARF I ELD COUN TY CO ·. --·gc~ R,"':cpt io:.Net , _______ -------------i«'ncdct. P.IZ\."'1.-&.."Ct at o'cf01.k. __ M .. WARRANTY DF.ED Gr antorts), JAMES c. PARKER who-s e addr<.s is 22764 Hvy 550 South, Montros e, CO 81401 •county or Montrose • State of Colorado , fur the coiU id etlltion of Ten ($10.00) and 00/100------dQIIars, in hand paid, hcrebpell(s) and CO!l"')'(s) tu James L . Rose whose legal zddre<s 1.< 7669 County Road 319, Rifle, CO 81650 Cou nty of Garfield . and Sta te or Colorado the foll ow ing real property In the Cou nty ur Garfield • and St.lte of Cnl1>1ado, lo wit : Land described on Kxh, A attached hereto, and all water and water rights, ditch and ditch rights used thereon and appurtenant theret o, inc luding, but not limited to, those described on E.xh . B attached hereto. 11111111111111111111111111111111.11111111111111111111111 503!89 01/17/1997 04:23P 81006 P173 432 ~ 1 of 4 R 21 .00 D 217.08 H 0 .00 GARFIELD COUNTY CL also known by street and nun1ber as: 7669 County Road 119, Rifle, CO 81650 ~s schedule or pan:el number: wi th all it s oppurtenan<:es, and watTant(s) the title to the same , lltiiJjllltl(« as to the land dascribod on Bxh.A, subject to patent and mineral reservations, easements of record, the Hunter Mesa Unit Agreement , and oil and gas leases, and reserving to Grantor ~11 royalties payablo under existing oil and gaa leases of record, and as to the property described on Exh.B varrant only the title against all p e rsons claiming under me . Signed th is /~ January day of • 19 97 a}eMf~ c_ ~.J J s . a er STATE 01' COLORADO, County of Ge rfield T ho foregoing in strume nt WlS acknowle dged before. me this 1/or» by James C. Parker .199:;' d&y of January . Wit ness my hand and official seal. ,,_ ) .... •/ .. ·. 111111111111111111111111111111111111111 1111111111111111 883589 01/17/1887 04123P 81008 P774 432 R 2 of 4 R 21 .00 D 217 .~ H C.00 GARFIELD COUNTY Cl EXHIBIT A TIS~ R9.3W;6th P;M:, Gariield ·eounty; €<>lorado · Sec . 9: NENB, Sl/2NE, Nli2SE Sec . 10: SWNE, Wlfl, SE Sec. 11 : SWNW, NWSW, Sli2SW Sec. l4: All except: Nli2NE1 /4 and two parcel s described in deed to Dumas recorded in Book 795 at Page 501 Sec . IS: All Sec. 16: El/2NE sec·. 22 : Nl/2, Nl/2SW114, and parcel in Nl/2SB114 described in deed from Pittman to Parker recorded in Book 939 at Page 61, except that part ofNBJ/4NE1/4 conveyed to Tee Pee Bible Camp described in Book 495 at Page 332 and that part of the Sl/2NE1/4 described in deed from Parker to Pittman recorded in Book 7st at Page 802 Sec. 23: NWNW except that part conveyed to Tee Pee Bible Camp described in Book 495 at Page 332 -:.,.-. '•. RAY \R.KER PE 970 ~:~...,260 Fax • 970-{;25-3260-Dec 21 '96 12:31 111111111111111111 1111111111111111111111111111111111111 ~B3588 01/17/1997 04:23P 81008 P778 432 ~ 3 ar 4 R 21.00 D 217.118 H 0.08 G~IEI.D COI.WTY CL EXIUBIT B WA'l'BR aiGH'l'S W-Of &truoWI'O ,_..t IIH Adjud1utlon 0111 'wfq>r laUon DAto • Cl~ll ~,,.., ~-"1• C.Wf'!" ll>tH14 o.eo ~~·-MUI9S3 ~/0111Q21 &l1T2 ... APIWIJT be-nru IIIII• eorp ord •-. c. h rhr •~ lio'Ywd>tt' n, 1m I IIII OIWI & Pp1 0,0, ,,, ~ ~/W19ll .09/05/\Ut 2921 ~>a~~Ptt n IIIII Oltcb & Ppl o .~ eta l r r OG/o8119JZ 09MIII'lZ lrnl ' ltr Ptl IS4 K&n t ar 1 ''"' o. 4.67 of• lrr 05/05/IYI ~/WI aM iw H>oal uto IMUf' '-Otnt. D-t ,sa_ola lrr ~JV1fla,& 04/WI&M " C«od I U .,., lloclo.~J I(lo llarcll 11, ,,,. t«opUuu 111\dtplf: fot l>lnlfltaf •M&a• fl"llllrr ""'':J'Ipo\lntlluunly t.11tn IUittr llont 1r r te-'lon or-•• Ia optrotl,. ll.rlttr & ...,t.O, 2.ao cfo lrr 11121/IHI 0711811&&1 1\0 All&41~ 11o lcrqor ldllrt lttttod w Pr iority. llo, » ~tnur.-.t ...,, .... ""'1' 17M& AI I tt 04/0111093 04/11/IM& szo leiO~tr ·Prlor lt)' IN. 1 11\niiN' l Ctnt o. ocnttlo D<o Wll/1900 041261\&M . \1/d ca.. l'ri •. IIO. lA ,_,t 116t lpaolflc Parktr llu. 110. a a.o AI ,, 1tJ31111161 08/3111979 &1DII'i tcrlllti<NI ltod llldt ~lull UOIJII .. 1111119 '-'rd IU'Iw & -• o. h rl<tr au. IN , 2a 1.5 JJ lrr UO<It 1U31/1951 ;,rm , WJI/1979 o:, AI llldt '-'*' t 11H 19MJ4 .. P~tt tu. ~~g, l 1.0 lo1 lrl" 1ZJ31/19el t\Od • O!/l11197V &IM9 OolS AI llo<lt t.Mol•to locotlon ct."* II'Xil236 htklr In, 110. 6 1,0 AI ltodl 12/31/IWI 08131/tm II Coil? Ai>eolutt Pfrktr IH, 116, '1 1.0 AI llodc 12/31/191\ 06111/IWV 110119 -lutt hrlttr IU, Ng, I t.O JJ ltocll 1VJ111941 OB/ll/1979 &100'9 C'Hodltiontl 0.5 lllladt Ai>eo\UUI lOCAl k>n CM1It '·' AI MMOOIIEII I9CU2U hrhr IIIIo Mg. 9 0,50 JJ ltu\ 12/)111911 IUll/190 liMY U>ool ~t· hrkcr lu •. ~, 10 1.10 AI IIO(k IZ/lf/1~1 ll/l1/1965 liMY #bco\IIH rarhr ln ...... ,, OolO JJ t tou U/l1/l\'061 12131/\916 8ttv79 N;~<al~<tt Jl.P Fax : 970-625-3260-~c 21 '96 12:31 1111111111111111111111111111111111111111111111111111111 883!31 01/17/1997 04:23P 81008 P778 432 R 4 or 4 R 21.00 D 217.06 N 0.00 GARFIELD COUNTY CL IJUUIIT I (ContI (~.»d) hrkn ~· ~ •. 11 1.0 u lloell I l/J If 19& I fii,I,'VJ,II'fl'l 11CIII7 («)dftl"""l O,JO M IIMio N>oolute Loutlmch..., ~· Parler ~u. No. 1S 0.50 AI lllldl 11/JI/1911 IRIW!Iffl BIW/9 tcncllll-1 0.50 U llodo Al>tolute ~t'llliJ Prier IU. llo, 1~ 0,50 AI ltodt 12131/11>111 W/JCtlm BIMt oor.!lt ICN I 0 .50 11 "'do IJ>Mlu~ asotJIJ Pathr .. ,. lo, IS O.t-6 1-1 atodc IZ/1111981 10111119110 llllt\17f Ab04luto Pttktr rn. lo, 16 o.ao JJ uoct Ulll/11'01 1RilMV19 ,,0/IV o...ll lfOIWII Pori:tr Rt<o. llo. 17 0.40 1-1 ltoek 12111/1901 \Vli/11'76 aitv19 -·Ut. Ptrhr hi. 110. 11 0,50 IJ ltoc:l< 11/Jl/1911 1l/l1/I9U lltv19 .!boo lute ""' .......... 10 M AI lrt U/31/1911 .D'I/lOIIm OICM7'9 CG'Idlll-1 lloel 0111-ltcpn llot liMit ll9al236 Account Number JU47203 Parcel240315300046 Assessed To ROSE, J.\MES L 1'0 IJOX 432 IUFI.B, CO 81650 Legal Description GARFIELD COUNTY TREASURER Certificate of Taxes Due Certificate Number 2009007933 Acres 2415.56 Order Nutnb«'Kokopelli Loop Pipeline, Phase II Vendor 10 Counter Situs Address Section : 15 Towruhip: 7 Range: 93 SEC 9 NENE, S2NE, N2SE . SEC 10 SWNE, W2, SE. SEC II SWNW, NWSW, S2SW. SEC 14 S2NE, W2, SE. SEC 15 ALL. SEC; 16 E2NE. SEC 2~ N2, N2SW. SEC 23 NWNW, EXCEPT A TRlN E2NE SEC22 & NWNVY SEC23. 007669 319 COUNTY RD,7669. W MAMM CREBK RD Year 2010 2010 Charges Interest Tax Grnnd Total Due as of07/26/201l 'fax Dilled at 2010 Rates for Tax Area 024 -2HD-RF -024 Auth ority Mill Levy GARFIELD COUNTY 11.4530000 GARFIHLD COUNTY -ROAD & D 1.4680000 GARFIHLD COUNTY -SOCIAL SE 0.7340000 RIFLE & RURAL FIRE-GENERA 6.2840000 COW RIVER \VATER t.ONS 0.1880000• WEST DIVIDE W:\TER CON 0.0480000• GRAND RIVER HOSPITAL 5.0820000• SCHOOL DIST RE-2 14.46 50000 COLORADO MTN COLLEGE 3.9970000 GRAND IUVER HOSPITAL-BOND 0.5150000 GARF IELD COUNTY PUBLIC LIBR 0.8640000• TaJu~s Bill~ll 20 I 0 45.0980000 • Credi t Levy BiUed $166.70 $5,556.52 Amount S1,411.14 $180.87 S90.44 S774.25 S23 .16 $5.91 $626.15 $1,782.23 S492 .47 S63 .45 $106.45 $5,556.52 Values Payments $166.70 $5,556.52 IRRIGATED LAND- AGRICL'fRL. DRY FARM LAND- AGRICLTRL MEADOW HAY LAND -AGRICLTRL GRAZING LAND- AGRICULTURAL F ;\Rllli R.-\NCH RESIDENCI:l-JMPS OTHER BLDGS.- AGIU CUL TURAL Total Actual S86,140 $1,240 $1,850 $35,880 $840,820 $68,920 Sl,034,850 Balance so.oo $0.00 $0.00 Assessed S24,980 $360 $540 $10,410 $66,930 $19,990 $123,210 All Tax Lien Sale amounts are subject to change due to endorsement of current taxes by the lienho lde r or to advertising and distraint warra nt fees . Changes may occur and the Treasurer's Office will need to be contacted pr1or to remittance aflef' the following dates: Personal Property and Mobile Homes -September 1, 2011, Real Property-Sep tember 1, 2011. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Special taxing districts and the boundaries of such dlsti1cts may be on flle with the Board of County Commissioners, the County Cler1<, or the County Assessor. Th is certificate does not lndude land or improvements assessed under a separate account number, personal property taxes, transfer tax or mlsc. tax collecled on behalf of other eniiUes, special or local Improvement district assessments or mobile homes, unless spedflcally men Honed. I, the undersigned, do hereby certify that the enUre amount of taxes due upon the above desetlbed pa rcels of real property and all outstanding sales for unpaid taxes as shown by the records In my office from v.tllch the same f!ll!Y sUI! be redeemed with the amount required for redempUon are as noted herein. In witness whereof, I have hereu nto set my hand and seal. TREA SURER, GARFIELD COUNTY GEORGIA CI-WABERLAIN Jul 26, 2011 1 :25:58 PM 109 8th Street, Sute 204 . Glenwood Springs CO . 81601 Page 1 of 1 November 11, 2011 Ms. Molly Orkild-Larson Senior Planner Garfield County Planning Department 0375 County Road 352, Building 2060 Rifle, CO 81650 Re: Development Plan Review for Right-of-Way Application Bargath LLC-Kokopelli Phase II Pipeline Dear Ms. Orkild-Larson, Bargath LLC 100117th Street Suite 1200 Denver, CO 80202 (303) 606-4287-direct (970) 683-2288-Parachute (303) 629-8290 fax Pursuant to your request in connection with Bargath LLC's Development Plan for Right-of-Way Application, this letter confirms that Bargath LLC will comply with all of the terms and conditions associated with the executed easements as set forth in the below listed documents: A. Delaney & Dunn, LLC-2401-043-00-059. Executed 10/26/11. B. Gary D. Hill and Karen K. Hill-2401-093-00-011 C. Delaney & Dunn, LLC-2401-043-00-059. See information in Item A above. D. Gary D. Hill and Karen K. Hill-2401-093-00-011. See information in item B above. E. Marvelle Couey and W. Kelly Couey-2401-084-00-129 . Executed 9/29/11. F. Marvelle Couey and W. Kelly Couey-2401-171-00-234, 2401-172-00-188 and 2401-083-00-199 . See information in item E above . G. Marvelle Couey and W. Kelly Couey-2401-172-00-026. See information in item E above . H. Marvelle Couey and W. Kelly Couey-2401-184-00-131. See information in item E above. I. Graham, Lester A. & Janet E. and McDermott, Stephen T. & Mary & Cheryl-2403-131-00-033. Executed 8/26/11. J. Marvelle Couey and W. Kelly Couey-2401-184-00-131. See information in item E above . K. Bureau of Land Management-2403-242-00-954 Right-of-Way Grant and stipulations as approved by the BLM. L. Marvelle Couey and W. Kelly Couey-2401-184-00 -131 . See information in item E above. M. Gretchen S. Dumas-2403-144-00-035. Executed 9/28/11. 1. Gretchen S. Dumas-Re-Route-2403-144-00-035. Executed 9/28/11 N. James Rose-2403-153-00-046. Executed 10/21/11. 0. Bureau of Land Management-{White River National Forest property) 2403-204-00-953 Right-of-Way Grant and stipulations as approved by the BLM. P. Bureau of Land Management-2403-171-00-952 Right-of-Way Grant and stipulations as approved by the BLM. Q. Youberg Beaver Creek Ranch, LP-2403-073-00-001. Executed 8/27/11. R. Rudolph Associates, LLC-2403-082-00-030. Executed 9/19/11 S. Bureau of Land Management-2403-171-00-952 . See information in item P above. T. Youberg Beaver Creek Ranch, LP-2403-073 -00-001. See information in item Q above. U. Bureau of Land Management-2405-122-00-065 Right-of-Way Grant and stipulations as approved by the BLM. V. Bureau of Land Management-2405-141-00-954 Right-of-Way Grant and stipulations as approved by the BLM. W. United States of America-Bureau of Land Management-2405-113-00-027 Right-of-Way Grant and stipulations as approved by the BLM . X. Bureau of Land Management-2405-141-00-954. See information in item V above . Y. Williams Production RMT Company-2405-043-00-089. Executed 4/21/11. Z. Williams Production RMT Company-2405-042-00-090. See information in item Y above. AA. Williams Production RMT Company-2405-043-00-089. See information in item Y above. BB. Williams Production RMT Company-2405-042-00-071. See information in item Y above . CC. Williams Production RMT Company-2175-334-00-047 . See information in item Y above. DO. Bureau of Land Management-2175-331-00-968 Right-of-Way Grant and stipulations as approved by the BLM. EE. Rancho Grande LLC-2175-281-00-024. Executed 8/2/11. FF. Clough Sheep Company LLC-2175-221-00-140 & 2175-281-00-023. Executed 7/19/11. GG . Union Pacific Railroad -Pipeline Crossing Permit Permit stipulations as approved by Union Pacific Railroad. HH. Clough Sheep Company LLC-2175-281-00-023. See information in item FF above. II. Colorado Department ofTransportation Utility permit. Permit stipulations as approved by COOT. Copies of the foregoing documents have been provided to Garfield County in Tab 5 of the Development Plan for Right-of-Way Application. Sincerely, Bargath LLC ~LJ~ Sandra J. Hotard Attorney-In-Fact Account https://act.garfield-county.com/assessor/taxweb/account.jsp?accountNum=R222039[10/29/2011 6:33:53 PM] GIS Account Search View Created Report(s) Sale Search Help? Logout Public RecorderWeb TreasurerWeb Account Information Account Summary Remarks Owner Information Assessment History Tax History Estimate Taxes Account Detail Land Create Report Account: R222039 Location Owner Information Assessment History Parcel Number 2403-242- 00-954 Situs Address City Rifle ZipCode 81650 Tax Area 022 - 2HDDF - 022 Legal Summary Section: 24 Township: 7 Range: 93 SEC. 24 NENW. Owner Name BUREAU OF LAND MANAGEMENT In Care Of Name COLORADO RIVER VALLEY FIELD OFFICE Owner Address 2300 RIVER FRONTAGE ROAD SILT, CO 81652 Actual (2010)$240 Primary Taxable $70 Exempt ($70) Adjusted Taxable Total $0 Tax Area: 022 Mill Levy : 38.8140 Type Actual Assessed Acres Land $240 $70 40.000 Transfers No Transfer Documents Tax History Images Tax Year Taxes *2011 $0.00 2010 $0.00 * Estimated Copyright (c) 2011, Tyler Technologies, Inc. All Rights Reserved Account https://act.garfield-county.com/assessor/taxweb/account.jsp?accountNum=R222038[10/29/2011 6:31:52 PM] Account Search View Created Report(s) Sale Search Help? Logout Public RecorderWeb TreasurerWeb Account Information Account Summary Remarks Owner Information Assessment History Tax History Estimate Taxes Account Detail Land Transfers 743114 Create Report Account: R222038 Location Owner Information Assessment History Parcel Number 2403-204-00- 953 Situs Address City Rifle ZipCode 81650 Tax Area 022 - 2HDDF - 022 Legal Summary Section: 20 Township: 7 Range: 93 SEC. 19 LOT 5(42.71AC), LOT 6(42.80AC), LOT 9(42.50AC), LOT 10(42.12AC), LOT 7(42.99AC), LOT 8(43.34AC), LOT 13(43.11AC), LOT 14(43.18AC), LOT 15(43.37AC), LOT 16(43.18AC), LOT 11(43.22AC), LOT 12(43.05), LOT 17(43.30AC), LOT 18(43.46AC) SEC. 20 ALL SEC. 21 N1/2,SW,N1/2SE SEC. 28 S1/2N1/2,NENE,NWNW,S1/2 SEC. 29 LOT 1(46.81AC), LOT 5(48.71AC), LOT 2(18.70), LOT 3(38.55), LOT 4(30.00AC), LOT 8(18.99AC), LOT 9(38.93AC), LOT 10(22.42), LOT 11(26.14AC), LOT 6(35.11AC), LOT 7(30.64AC), SWSE, LOT 12(31.27AC) SEC. 30 LOT 5(29.76AC), LOT 6(12.53AC), S1/2NE, LOT 8(35.30AC), LOT 7(20.16AC), LOT 9(52.23AC), NESW, LOT 10(29.26AC), LOT 11(26.40AC), N1/2SE,SWSE, LOT 12(35.68AC) SEC. 31 LOT 5(34.50AC), LOT 6(30.27AC), LOT 7(28.81AC) SEC. 32 LOT 1(29.46AC), LOT 2(48.46AC), LOT 3(9.98AC), LOT 4(27.15AC), LOT 5(16.27AC) SEC. 33 N1/2N1/2, LOT 2(21.96AC), LOT 1(21.76AC), LOT 4(22.73AC), LOT 3(22.17AC) TOTAL: 3743.44AC Owner Name BUREAU OF LAND MANAGEMENT In Care Of Name COLORADO RIVER VALLEY FIELD OFFICE Owner Address 2300 RIVER FRONTAGE ROAD SILT, CO 81652 Actual (2010)$22,460 Primary Taxable $6,510 Exempt ($6,510) Adjusted Taxable Total $0 Tax Area: 022 Mill Levy : 38.8140 Type Actual Assessed Acres Land $22,460 $6,510 3743.440 Transfers Sale Price Sale Date Doc Type Book Page Account https://act.garfield-county.com/assessor/taxweb/account.jsp?accountNum=R222038[10/29/2011 6:31:52 PM] GIS 02/15/2008 QCD Tax History Images Tax Year Taxes *2011 $0.00 2010 $0.00 * Estimated Copyright (c) 2011, Tyler Technologies, Inc. All Rights Reserved Account https://act.garfield-county.com/assessor/taxweb/account.jsp?accountNum=R222037[10/29/2011 6:36:55 PM] GIS Account Search View Created Report(s) Sale Search Help? Logout Public RecorderWeb TreasurerWeb Account Information Account Summary Remarks Owner Information Assessment History Tax History Estimate Taxes Account Detail Land Create Report Account: R222037 Location Owner Information Assessment History Parcel Number 2403-171-00-952 Situs Address City Rifle ZipCode 81650 Tax Area 022 - 2HDDF - 022 Legal Summary Section: 17 Township: 7 Range: 93 SEC. 4 W1/2SW SEC. 5 LOT 1(21.00AC), LOT 2(20.60AC), S1/2 SEC. 6 (20.46AC), LOT 7(37.40AC), LOT 8(54.27AC),LOT 9(71.81AC), LOT4(40.31AC), LOT 5(40.30AC),E1/2SW,SE SEC. 7 LOT 5(42.35AC), LOT 6(41.81AC), LOT 7(43.67AC), LOT 8(42.95AC), LOT 9(42.41AC) SEC. 8 E1/2,N1/2NW SEC. 9 W1/2W1/2,S1/2SE SEC. 16 W1/2NE,E1/2W1/2.NWNW,SWSW,SE SEC. 17 NE,W1/2,W1/2SE TOTAL: 2839.34AC. Owner Name BUREAU OF LAND MANAGEMENT In Care Of Name COLORADO RIVER VALLEY FIELD OFFICE Owner Address 2300 RIVER FRONTAGE ROAD SILT, CO 81652 Actual (2010)$17,040 Primary Taxable $4,940 Exempt ($4,940) Adjusted Taxable Total $0 Tax Area: 022 Mill Levy : 38.8140 Type Actual Assessed Acres Land $17,040 $4,940 2839.340 Transfers No Transfer Documents Tax History Images Tax Year Taxes *2011 $0.00 2010 $0.00 * Estimated Copyright (c) 2011, Tyler Technologies, Inc. All Rights Reserved Account https://act.garfield-county.com/assessor/taxweb/account.jsp?accountNum=R247001[10/29/2011 7:03:16 PM] GIS Account Search View Created Report(s) Sale Search Help? Logout Public RecorderWeb TreasurerWeb Account Information Account Summary Remarks Owner Information Assessment History Tax History Estimate Taxes Account Detail Land Transfers B: 0741 P: 0554 Create Report Account: R247001 Location Owner Information Assessment History Parcel Number 2405-122- 00-065 Situs Address City Parachute ZipCode 81635 Tax Area 024 - 2HD-RF - 024 Legal Summary 4 (38.04), S1/2NW. Section: 12 Township: 7 Range: 94 SEC. 1:SWSW SESW, S1/2SWSE. SEC. 12: LOTS 3(39.04), & Owner Name UNITED STATES OF AMERICA BUREAU OF LAND MANAGEMENT In Care Of Name COLORADO RIVER VALLEY FIELD OFFICE Owner Address 2300 RIVER FRONTAGE ROAD SILT, CO 81652 Actual (2010)$1,930 Primary Taxable $560 Exempt ($560) Adjusted Taxable Total $0 Tax Area: 024 Mill Levy : 45.0980 Type Actual Assessed Acres Land $1,930 $560 257.080 Transfers Sale Price Sale Date Doc Type Book Page 09/23/1988 Deeds B: 0741 P: 0554 Tax History Images Tax Year Taxes *2011 $0.00 2010 $0.00 * Estimated Copyright (c) 2011, Tyler Technologies, Inc. All Rights Reserved Account https://act.garfield-county.com/assessor/taxweb/account.jsp?accountNum=R222047[10/29/2011 7:06:36 PM] GIS Account Search View Created Report(s) Sale Search Help? Logout Public RecorderWeb TreasurerWeb Account Information Account Summary Remarks Owner Information Assessment History Tax History Estimate Taxes Account Detail Land Create Report Account: R222047 Location Owner Information Assessment History Parcel Number 2405-141- 00-954 Situs Address City Rifle ZipCode 81650 Tax Area 022 - 2HDDF - 022 Legal Summary Section: 14 Township: 7 Range: 94 SEC. 3. NE, E1/2NW, SWNW, S1/2 SEC. 4. SE SEC. 9. SENW, LOT 7 (48.56) , E1/2SW, SE SEC. 10. LOT 1 (35.35), SENE, E1/2SE. SEC. 11. LOT 1 ( 37.43) , S1/2NE, SE SEC. 14 ALL SEC. 15 NE, D1/2S1/2 SEC. 16 E1/2 N1/2NW. TOTAL: 2881.34AC. Owner Name BUREAU OF LAND MANAGEMENT In Care Of Name COLORADO RIVER VALLEY FIELD OFFICE Owner Address 2300 RIVER FRONTAGE ROAD SILT, CO 81652 Actual (2010)$17,290 Primary Taxable $5,010 Exempt ($5,010) Adjusted Taxable Total $0 Tax Area: 022 Mill Levy : 38.8140 Type Actual Assessed Acres Land $17,290 $5,010 2881.340 Transfers No Transfer Documents Tax History Images Tax Year Taxes *2011 $0.00 2010 $0.00 * Estimated Copyright (c) 2011, Tyler Technologies, Inc. All Rights Reserved Account https://act.garfield-county.com/assessor/taxweb/account.jsp?accountNum=R024429[10/29/2011 7:08:54 PM] GIS Account Search View Created Report(s) Sale Search Help? Logout Public RecorderWeb TreasurerWeb Account Information Account Summary Remarks Owner Information Assessment History Tax History Estimate Taxes Account Detail Land Transfers 645307 B: 0741 P: 0554 B: 0730 P: 0473 B: 0682 P: 0021 B: 0731 P: 0674 B: 0420 P: 0010 Create Report Account: R024429 Location Owner Information Assessment History Parcel Number 2405-113- 00-027 Situs Address City Rifle ZipCode 81650 Tax Area 024 - 2HD-RF - 024 Legal Summary Section: 11 Township: 7 Range: 94 SW, S1/2NW, LOTS 3(33.75A), 4(33.58A). Owner Name UNITED STATES OF AMERICA Owner Address WASHINGTON, DC Actual (2010)$0 Primary Taxable $0 Tax Area: 024 Mill Levy : 45.0980 Type Actual Assessed Acres Land 73.980 Transfers Sale Price Sale Date Doc Type Book Page 01/22/2004 AFF B: 1556 P: 600 09/23/1988 GWD B: 0741 P: 0554 03/15/1988 Deeds B: 0730 P: 0473 01/13/1986 DC B: 0682 P: 0021 Tax History Images Tax Year Taxes *2011 $0.00 2010 $0.00 * Estimated Copyright (c) 2011, Tyler Technologies, Inc. All Rights Reserved Account https://act.garfield-county.com/assessor/taxweb/account.jsp?accountNum=R222047[10/29/2011 7:06:36 PM] GIS Account Search View Created Report(s) Sale Search Help? Logout Public RecorderWeb TreasurerWeb Account Information Account Summary Remarks Owner Information Assessment History Tax History Estimate Taxes Account Detail Land Create Report Account: R222047 Location Owner Information Assessment History Parcel Number 2405-141- 00-954 Situs Address City Rifle ZipCode 81650 Tax Area 022 - 2HDDF - 022 Legal Summary Section: 14 Township: 7 Range: 94 SEC. 3. NE, E1/2NW, SWNW, S1/2 SEC. 4. SE SEC. 9. SENW, LOT 7 (48.56) , E1/2SW, SE SEC. 10. LOT 1 (35.35), SENE, E1/2SE. SEC. 11. LOT 1 ( 37.43) , S1/2NE, SE SEC. 14 ALL SEC. 15 NE, D1/2S1/2 SEC. 16 E1/2 N1/2NW. TOTAL: 2881.34AC. Owner Name BUREAU OF LAND MANAGEMENT In Care Of Name COLORADO RIVER VALLEY FIELD OFFICE Owner Address 2300 RIVER FRONTAGE ROAD SILT, CO 81652 Actual (2010)$17,290 Primary Taxable $5,010 Exempt ($5,010) Adjusted Taxable Total $0 Tax Area: 022 Mill Levy : 38.8140 Type Actual Assessed Acres Land $17,290 $5,010 2881.340 Transfers No Transfer Documents Tax History Images Tax Year Taxes *2011 $0.00 2010 $0.00 * Estimated Copyright (c) 2011, Tyler Technologies, Inc. All Rights Reserved Account https://act.garfield-county.com/assessor/taxweb/account.jsp?accountNum=R190549[10/29/2011 7:40:16 PM] GIS Account Search View Created Report(s) Sale Search Help? Logout Public RecorderWeb TreasurerWeb Account Information Account Summary Remarks Owner Information Assessment History Tax History Estimate Taxes Account Detail Land Create Report Account: R190549 Location Owner Information Assessment History Parcel Number 2175-331- 00-968 Situs Address City Parachute ZipCode 81635 Tax Area 019 - 2HB-RF - 019 Legal Summary Section: 33 Township: 6 Range: 94 SEC. 33: LOT 1(3.84AC), SEC. 34: LOT 2(2.57AC), TOTAL: 6.41AC. Owner Name BUREAU OF LAND MANAGEMENT In Care Of Name COLORADO RIVER VALLEY FIELD OFFICE Owner Address 2300 RIVER FRONTAGE ROAD SILT, CO 81652 Actual (2010)$40 Primary Taxable $10 Exempt ($10) Adjusted Taxable Total $0 Tax Area: 019 Mill Levy : 45.0560 Type Actual Assessed Acres Land $40 $10 6.410 Transfers No Transfer Documents Tax History Images Tax Year Taxes *2011 $0.00 2010 $0.00 * Estimated Copyright (c) 2011, Tyler Technologies, Inc. All Rights Reserved Bargath LLC Kokopelli Phase 2 Pipeline-Development Plan Review for Right- of-Way Application Submittal Item Tab 6-Need for Proposed Action 9-104 (E) The purpose of this project is to construct a pipeline that will allow natural gas to be transported from the Bargath LLC Dry Hollow Compressor Station, South of Silt, CO, to the Bargath LLC Rulison Compressor Station, located near the intersection ofU.S. Highway 6&24 and Anvil Points Road for transportation to conditioning facilities and then to market. The transportation of this natural gas via pipeline is a critical process in delivering gas to the market system to keep up with the natural gas production curve of the natural gas gathering system. As per the Garfield County Zoning Resolution section 9-1 02 , Bargath LLC is required to apply for a Development Plan Review for Right-of-Way because the proposed pipeline is "greater than 12" in diameter and over two miles in length". The proposed pipeline exceeds the 12" diameter and 2 miles in length threshold. Thank you for your assistance on this project. Please contact me with any questions. Sincerely ~~~- Philip B. Vaughan ~ President PVCMI-Land Planning Division P age 1 of l Pa g e 1 o f 3 Ba r g a t h L L C Ko k o p e l l i P h a s e I I P i p e l i n e - De v e l o p m e n t P l a n R e v i e w f o r R i g h t - o f - W a y A p p l i c a t i o n Su b m i t t a l I t e m T a b 7 - R e g u l a t o r y P e r m i t R e q u i r e m e n t s 9 - 1 0 4 ( F ) Pe r m i t A g e n c y P e r m i t N e e d e d P e r m i t S t a t u s _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Co l o r a d o D e p t . o f P u b l i c H e a l t h C o l o r a d o D i s c h a r g e Pe r m i t S y s t e m T h e C D P S P e r m i t w a s i s s u e d o n 9 / 6 / 1 1 . an d E n v i r o n m e n t - f o r t h e p i p e l i n e P e r m i t # C O R 0 3 I 1 4 3 . Wa t e r Q u a l i t y C o n t r o l D i v i s i o n T h e S t o r m w at e r M a n a g e m e n t P l a n a n d P e r m i t i s a t t a c h e d i n T a b 2 1 - C o n s t r u c t i o n M a n a g e m e n t P l a n . US A r m y C o r p o f E n g i n e e r s N a t i o n w i d e P e r m it 1 2 f o r u t i l . a c t i v i t y P l e a s e f i n d a tt a c h e d t h e W e s t W a t e r E n g i n e e r i n g “ N a t i o n w i d e P e r m i t # 1 2 V e r i f i c a t i o n R e q u e s t , P r e l i m i n a r y J u r i s d i c t i o n a l D e t e r m i n a t i o n R e q u e s t , a n d P r e - C o n s t r u c t i o n N o t i f i c a t i o n ” d a t e d N o v e m b e r 2 0 1 1 n o t i n g t h e d e t a i l s o f t h e N a t i o n w i d e 1 2 p e r m i t a n d c o m p l i a n c e w i t h t h e s e r e g u l a t i o n s . Pa g e 2 o f 3 Co l o r a d o A i r P o l l u t i o n C o n t r o l C o m m i s s i o n F u g i t i v e d u s t e m is s i o n s T h e L a n d D e v e l o p m e n t G P 0 3 G e n e r a l P e r m i t ap p l i c a t i o n d a t e d 8 / 23 / 1 1 i s a t t a c h e d . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Bu r e a u o f L a n d M a n a g e m e n t R i g h t - o f - W a y G r a n t T h i s s u b m i t t a l w a s m a d e t o t h e B L M i n O c t o b e r 2 0 1 1 . T h i s p r o c e s s w i l l i n c l u d e t h e a p p r o v a l o f t h e C o l o r a d o R i v e r b o r e . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ga r f i e l d C o u n t y R o a d & B r i d g e U t i l i t y C r o s s i n g P e rm i t A p p l i c a t i o n T h i s s u b m i t t a l w i l l b e m a d e De p a r t m e n t C o u n t y R o a d 3 3 6 J e n k i n s C u t o f f t o t h e G a r f i e l d C o u n t y R o a d & B r i d g e D e p t . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ga r f i e l d C o u n t y R o a d & B r i d g e U t i l i t y C r o s s i n g P e r m it A p p l i c a t i o n T h i s s u b m i t t a l w a s w i l l b e m a d e De p a r t m e n t C o u n t y R o a d 3 1 5 M a m m C r e e k R o a d to t h e G a r f i e l d C o u n t y R o a d & B r i d g e D e p t . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ga r f i e l d C o u n t y R o a d & B r i d g e U t i l i t y C r o s s i n g P e r m it A p p l i c a t i o n T h i s s u b m i t t a l w a s w i l l b e m a d e De p a r t m e n t C o u n t y R o a d 3 1 9 W e s t M a m m C r e e k R o ad t o t h e G a r f i e l d C o u n t y R o a d & B r i d g e D e p t . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ga r f i e l d C o u n t y R o a d & B r i d g e U t i l i t y C r o s s i n g P e r m it A p p l i c a t i o n T h i s s u b m i t t a l w a s w i l l b e m a d e De p a r t m e n t C o u n t y R o a d 3 1 7 B e a v e r C r e e k R o a d t o t h e G a r f i e l d C o u n t y R o a d & B r i d g e D e p t . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ga r f i e l d C o u n t y R o a d & B r i d g e U t i l i t y C r o s s i n g P e r m it A p p l i c a t i o n T h i s s u b m i t t a l w a s w i l l b e m a d e De p a r t m e n t C o u n t y R o a d 3 2 5 P o r c u p i n e C r e e k R o ad t o t h e G a r f i e l d C o u n t y R o a d & B r i d g e D e p t . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Pa g e 3 o f 3 Ga r f i e l d C o u n t y R o a d & B r i d g e U t i l i t y C r o s s i n g P e r m it A p p l i c a t i o n T h i s s u b m i t t a l w a s w i l l b e m a d e De p a r t m e n t C o u n t y R o a d 3 2 9 S p r u c e C r e e k R o a d t o t h e G a r f i e l d C o u n t y R o a d & B r i d g e D e p t . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ga r f i e l d C o u n t y R o a d & B r i d g e U t i l i t y C r o s s i n g P e r m it A p p l i c a t i o n T h i s s u b m i t t a l w a s w i l l b e m a d e De p a r t m e n t C o u n t y R o a d 3 2 0 R i f l e / R u l i s o n R o a d t o t h e G a r f i e l d C o u n t y R o a d & B r i d g e D e p t . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Co l o r a d o D e p a r t m e n t o f T r a n s p o r t a t i o n U t i l i t y P e r m i t A p p l i c a t i o n T h i s s u b m i t t a l w a s w i l l b e m a d e De p a r t m e n t H i g h w a y 6 & 2 4 r i g h t- o f - w a y i n s t a l l a t i o n t o C D O T __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Un i o n P a c i f i c R a i l r o a d U t i l i t y L i c e n s e T h i s s u b m i t t a l w a s m a d e o n 1 0 / 2 9 / 1 1 B o r e d c r o s s i n g __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ci t y o f R i f l e W a t e r s h e d D i s t r i c t P e r m it T h i s s u b m i t t a l w a s w i l l b e m a d e t o t h e C i t y o f R i f l e __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Nationwide Permit #12 Verification Request, Preliminary Jurisdictional Determination Request, and Pre-Construction Notification Williams Bargath Kokopelli Pipeline Phase II Garfield County, Colorado NOVEMBER 2011 This is a request for an Army Corps of Engineers (COE) Nationwide Permit (NWP) #12 (Utility Line Activities), verification request, Preliminary Jurisdictional Determination, and confirmation of a wetland delineation performed along a 22 mile alignment of the proposed Williams Bargath (Williams) Kokopelli Phase II Pipeline in Rifle, Colorado. The delineation was performed by WestWater Engineering (WestWater) in September and October 2011. General project information is presented in Table 1. Table 1. Project Information Project Proponent: John Suchar Williams Midstream Ph: 970-623-8988 4289 CR 215 Parachute ,CO 81635 Land Owner: Lands surrounding the project area are held in private and public ownership. Public lands are administered by the Bureau of Land Management (BLM), Forest Service White River National Forest, Colorado River Valley Field Office (CRVFO), which is located in Silt, Colorado (Apendix D). Wetland Consultant: WestWater Engineering 2516 Foresight Circle #1 Ph: (970) 241-7076 Grand Junction, CO 81505 Fax: (970) 241-7079 Project Location: The Kokopelli Phase II pipeline alignment is approximately 22 miles long. It is a westward extension of the Phase I pipeline project, currently under construction. The proposed alignment begins at a compressor station site located near Dry Hollow Creek, which is approximately 7.5 miles southeast of Rifle, Colorado. The pipeline alignment extends generally to the west until reaching the Spruce Creek drainage and then turns north and crosses the Colorado River and terminates on the south side of Sharrard Park in the Rulison area (Figure 1). Elevations range from approximately 5,200 ft along the Colorado River where the pipeline will cross to approximately 7,830 ft on the south end of Flatiron Mesa. Project Description: The proposed pipeline is the second phase of a larger pipeline project that connects production facilities in the Garfield Creek and Jolley Mesa area to pipeline infrastructure in the Sharrard Park area near Rulison. This report provides supplemental information to be used for the development of the Kokopelli Pipeline Phase II Environmental Assessment (EA) as required under National Environmental Protection Act (NEPA) guidelines. WestWater Engineering 1 of 113 November 2011 Township, Range, & Sections: T6S, R94W, SEC: 28, 29, 33, T7S, R92W, SEC: 4, 8, 9, 17, 18. T7S, R93W, SEC: 6, 7, 8, 9, 13, 14, 16, 21, 22, 23, 24. T7S, R94W, SEC: 1, 3, 4, 10, 11, 12. Delineation Methods – WestWater biologists performed a wetland evaluation of the project area September through October, 2011 (Figure 1). During biological surveys, personnel identified potential Waters of the United States (WoUS) and adjacent wetlands within a 50-meter buffer of the pipeline alignment. Drainages that were considered potentially jurisdictional WoUS were identified, photographed, documented, and recorded (Appendix A). Potential WoUS were identified in accordance with Army Corps of Engineers Jurisdictional Determination Form Instructional Guidebook (COE 2007). Aerial photos and topographic maps were examined for blue line streams, marked wetlands, potential WoUS, and drainages. All blue-line stream locations (intermittent, ephemeral, and perennial) along with other areas of interest were mapped for on-the-ground observer verification. Areas that showed wetland characteristics within the right-of-way (ROW) were identified as potential jurisdictional wetlands to be verified during the wetland delineation. The delineation was performed by WestWater in accordance with COE standards included in the “Corps of Engineers Wetland Delineation Manual, January 1987” (COE 1987) and the Regional Supplement to the COE Wetland Delineation Manual: Arid West Region (Version 2.0, September 2008) (COE 2008). The delineation included areas within and in close proximity to the ordinary high water line (OHW) of the Colorado River and several tributaries to the Colorado River. Outlying areas, up and down stream, that could potentially be disturbed as a result of construction were also delineated. A minimum buffer of 100 feet was delineated from the alignment centerline. Wetland boundaries were identified on the basis of the vegetation, soils, and hydrology present at the site. Shallow soil borings (approximately 18 inches deep) were augured and observed for the presence of redoximorphic characteristics. Observation of drainage patterns and other hydrologic indicators was completed and recorded on the attached data sheets. The delineation was conducted in late summer when stream flows had reduced to below the OHW. Only jurisdictional wetlands located adjacent to or above the OHW were identified as part of this delineation. Delineated wetland boundaries were marked with flagging tape. Wetland boundaries based on this evaluation were surveyed with an Ashtech Pro Mark 100 sub-meter hand-held global positioning system (GPS) unit (Figures 2 through 10). GPS data were downloaded and mapped utilizing ARC GIS version 10.0. Shapefiles can be downloaded and are available upon request. Data point sets were documented by creek crossings on COE data sheets. Data sheets are attached to this report in Appendix B. Flows in the Colorado River Basin were more than 3 times the average during the 2011 runoff season (CDWR 2011). Associated tributaries are assumed to be flowing above normal as well. Intermittent streams that usually dry up by late summer were still flowing. Because of this, the development of redoximorphic soil features was heavily relied on as indicators of adequate hydrology under normal conditions. Delineation Findings – WestWater delineated 7 creek crossings, in addition to the Colorado River, associated with the Kokopelli Phase II pipeline alignment. A summary of creek crossing wetlands and WoUS are summarized in Table 2. Flow in these small streams has persisted late into the season from the unusually wet year, the extended runoff period, and lengthened irrigation season. One additional small seep wetland was identified near the Gant Gulch crossing (Figure 6). The seep had a small area of open water and was dominated by herbaceous WestWater Engineering 2 of 113 November 2011 hydrophytes. The seep had no inlet or outlet and appeared to be self-contained. The seep was approximately 900 square feet. COE data sheets for this wetland are in Appendix B. Table 2. Kokopelli Phase II Creek Crossings Location Wetland Area WoUS Area WoUS width/depth Colorado River 0.71 acre 2 acre 400ft wide Spruce Creek 1,280 sqft ~ 1ft x 3in Porcupine Creek* 0 sqft 1,420 sqft 15ft x 2ft Beaver Creek 1,240 sqft 1,980 sqft 13ft x 8in Unnamed Tributary to Beaver Creek 290 sqft ~ 1ft x 6in Seep wetland 900 sqft ~ N/A Gant Gulch 8,034 sqft 392 sqft 1ft x 3in Middle Fork Mamm Creek 1,960 sqft 990 sqft 6ft x 4in East Fork Mamm Creek 940 sqft 280 sqft 2.5ft x 4in Total 1.05 acres 2.17acres * Porcupine Creek has been subject to extreme high flow events that have washed away all adjacent wetland and riparian vegetation; however, the creek is still a perennial stream and jurisdictional WoUS (Figure 10). The Colorado River crossing is located approximately 5 miles southwest of the City of Rifle. The north shore of the river consisted of wetlands associated with the active flood plain. The shallow slope of the bank allows seasonal flooding and ponding. The south shore appeared to be actively eroding away from river flows. The bank drops abruptly into the river and wetlands are restricted to a narrow fringe on a steep bank. A small ditch appeared to cause some small wet meadows on both sides of the alignment; however, they are beyond the potential impact area (Figure 2). The smaller creeks that will be crossed by the pipeline typically consist of narrow fringe wetlands along perennial streams confined by steep banks. Data points were recorded on COE data sheets for each crossing and are in Appendix B. Vegetation and soils information for these wetlands are contained in the COE data sheets. Mapping for stream crossings is located on Figures 3 through 10. Impacts to Wetlands – Wetlands and WoUS crossing areas will be temporarily impacted, depending on the method of crossing. Williams will bore or horizontal directional drill (HDD) under the Colorado River. Punch in and out locations will be located outside of the delineated wetlands and no impacts to wetlands are expected. Several other projects have bored under the Colorado River successfully near the proposed alignment and no complications are anticipated. During the boring or HDD operations, no WoUS or wetlands are expected to be impacted. All other perennial creeks will be crossed via a temporary flumed crossing method (Appendix C, Stream Crossing Methods; Drawing 42-FLM). At flumed crossings, the ditch will be dug 8-feet deeper than the lowest part of the channel for pipe placement. Top soil and vegetation will be removed and set aside until ditch work has been completed. Non-flowing stream crossings will be crossed using the typical open-cut crossing method Appendix C; Drawing 42-SCD). WestWater Engineering 3 of 113 November 2011 Williams will revegetate and recontour to approximate original condition in these areas. Wetland areas will be crossed using the typical wetland crossing method (Appendix C; Drawing 42-WCD). Equipment mats shall be used under all vehicles in wetland areas to minimize disturbance. All soil removed from the ditch will be placed in uplands until the pipeline is in place and back filling begins. Vegetation and top soil will be distributed once the ditch has been backfilled and the channel returned to its pre-existing condition. Banks leading into the channel will be graded no steeper than 1.5:1 after completion of construction. Williams will submit before and after photos to the COE for verification of stream and wetland remediation once it has been completed, if required. Crossings will be accomplished during low flow periods (prior to April 15, or after cessation of spring runoff). Existing contours below the ordinary high water mark will be restored at all crossings. Large incised channels will be crossed using the typical large incised channel method (Appendix C; Drawing 42-LIC), while smaller channels less than 15 ft in depth will use the small incised channel crossing method (Appendix C; Drawing 42- SIC). Williams intends to minimize their area of disturbance when crossing wetlands to a 75-foot wide or less impact area. Williams estimates that each crossing will be completed within 2 weeks of commencement. Re-contouring, re-vegetation, and storm water erosion protection operations will also be completed in that time frame. Wetland soils will be stockpiled and returned to the trench in reverse order of excavation. Wetland vegetation will be placed at the surface upon completion. There will be no permanent impacts to WoUS or adjacent wetlands within the project area. Disturbance will be limited to 75 feet on either side of the centerline when crossing wetlands within the project area. Fill quantities for each crossing are estimated in Table 3. Fill includes the pipe and replacement of natural materials removed during excavation. Table 3. Fill quantities at each crossing Location Wetland Area (fill cubic yards) WoUS Area (fill cubic yards) Colorado River 0 0 Spruce Creek 133 Narrow creek Included in wetland fill** Porcupine Creek* 0 400 Beaver Creek 230 600 Unnamed Tributary to Beaver Creek 90 Narrow creek Included in wetland fill** Small seep wetland 530 N/A Gant Gulch 400 Narrow creek Included in wetland fill** Middle Fork Mamm Creek 330 70 East Fork Mamm Creek 155 45 Total 1868 1115 * Porcupine Creek has been subject to extreme high flow events that have washed away all adjacent wetland and riparian vegetation; however, the creek is still a perennial stream and jurisdictional WoUS (Figure 10). **Narrow creeks, less than 2 feet wide, were not extracted as WoUS from the total area. WestWater Engineering 4 of 113 November 2011 Threatened and Endangered Species (TESS) WestWater biologists conducted pedestrian surveys to identify and locate plant and wildlife species and habitats in conjunction with a Biological Survey Report prepared for the Bureau of Land Management (BLM), United States Forest Service (USFS) - White River National Forest (WRNF), and Colorado River Valley Field Office (CRVFO). Lands surrounding the project area are held in private and public ownership. Public lands are administered by the BLM, CRVFO and the USFS - WRNF, Glenwood Springs, Colorado. Surveys for raptors, TESS plants, and BLM sensitive wildlife species were conducted in accordance with the survey protocols provided by the BLM CRVFO. Federally-listed threatened, endangered, and candidate for federal listing species with potential to occur in Garfield County, Colorado, are listed below in Table 4 (USFWS 2010). Table 4. Garfield County Threatened, Endangered and Candidate Species List Common Name Scientific Name Status Birds Greater sage-grouse Centrocercus urophasianus C Mexican spotted owl Strix occidentalis lucida T Yellow-billed cuckoo Coccyzus americanus C Fishes Bonytail chub Gila elegans E Colorado pikeminnow Ptychocheilus lucius E Greenback Cutthroat trout Oncorhynchus clarki T Humpback chub Gila cypha E Razorback sucker Xyrauchen texanus E Flowering Plants Colorado hookless Cactus Sclerocactus glaucus T De Beque phacelia Phacelia submutica C Parachute beardtongue Penstemon debilis C Ute ladies’-tresses orchid Spiranthes diluvialis T Mammals Canada lynx Lynx canadensis T North American wolverine Gulo gulo luscus C T = Threatened E = Endangered C = Candidate Species Critical habitat for the Colorado pikeminnow and the Razorback sucker extends to Exit 90 off Interstate 70 in Rifle, Colorado. The Colorado River crossing associated with this project is within the designated critical habitat. The other mentioned streams are tributary to the Colorado River above critical habitat. Successful application of Best Management Practices (BMPs) is expected to prevent excessive erosion and to avoid discharges of any potential chemical contaminants. Water depletions related to hydrostatic testing and dust control as expected to result in new depletions of approximately 4.55 af of water. This depletion is documented in the BLM EA (BLM EA is currently being produced) and appropriate depletion payments will be provided by the project proponent. None of the other potential ESA species are present along the proposed alignment. WestWater Engineering 5 of 113 November 2011 Cultural Resources A class III cultural resource survey has been conducted for this pipeline alignment by Grand River Institute (GRI); findings related to their surveys are documented in the EA prepared by BLM. The alignment has avoided all identified cultural resources. References CDWR. 2011. Colorado Division of Water Resources. Reports and Publications. Online at: http://water.state.co.us/Home/Pages/default.aspx COE 1987. Environmental Laboratory. 1987. “The Corps of Engineers Wetlands Delineation Manual,” Technical Report Y-87-1, U.S. Army Engineers Waterways Experiment Station, Vicksburg, Mississippi. COE. 2007. U.S. Army Corps of Engineers Jurisdictional Determination Form Instructional Guidebook. Prepared Jointly by U.S. Army Corps of Engineers and U.S. Environmental Protection Agency. COE. 2008. U.S. Army Corps of Engineers. 2008. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-08-28. Vicksburg, Mississippi: U.S. Army Engineer Research and Development Center. USFWS. 2010. Threatened, Endangered, Candidate, and Proposed Species by County, October, U.S. Fish and Wildlife Service. Online at: http://ecos.fws.gov/ipac/wizard/trustResourceList!prepare.action WestWater Engineering 6 of 113 November 2011 §¨¦70 ² §¨¦70 RIFLE SILT GARFIELD COUNTY Williams Bargath 0 2 4 MilesNovember 2011 Kokopelli Phase II Figure 1 Wetlands Delineation Legend Pipeline WestWater Engineering 7 of 113 November 2011 !. !. !. !. Colorado Ri v e r South Colo River DP Up North Colo River DP Up South Colo River DP Wet North Colo River DP Wet 33 346S 94W ² §¨¦70 Detail Area GARFIELD COUNTY RIFLE SILT Williams Bargath 0 100 200 FeetNovember 2011 Kokopelli Phase II Figure 2 Wetlands Delineation Legend !.Data Points Pipeline Wetlands WestWater Engineering 8 of 113 November 2011 !.!. Spruce C r e e k Spruce Creek DP Up Spruce Creek DP Wet47S 94W ² §¨¦70 Detail Area GARFIELD COUNTY RIFLE SILT Williams Bargath 0 60 120 FeetNovember 2011 Kokopelli Phase II Figure 3 Wetlands Delineation Legend !.Data Points Pipeline Wetlands WestWater Engineering 9 of 113 November 2011 !.!. Be a v e r C r e e k Beaver Creek DP Up Beaver Creek DP Wet 7S 94W 12 1 ² §¨¦70 Detail Area GARFIELD COUNTY RIFLE SILT Williams Bargath 0 70 140 FeetNovember 2011 Kokopelli Phase II Figure 4 Wetlands DelineationLegend !.Data Points Pipeline WoUS Wetlands WestWater Engineering 10 of 113 November 2011 !.!.Trib to Beaver Creek DP UpTrib to Beaver Creek DP Wet 1 12 7 6 7S 94W 7S 93W ² §¨¦70 Detail Area GARFIELD COUNTY RIFLE SILT Williams Bargath 0 70 140 FeetNovember 2011 Kokopelli Phase II Figure 5 Wetlands Delineation Legend !.Data Points Pipeline Wetlands WestWater Engineering 11 of 113 November 2011 !. !.Seep DP Up Seep DP Wet 24237S 93W ² §¨¦70 Detail AreaGARFIELD COUNTY RIFLE SILT Williams Bargath 0 70 140 FeetNovember 2011 Kokopelli Phase II Figure 6 Wetlands Delineation Legend !.Data Points Pipeline Wetlands WestWater Engineering 12 of 113 November 2011 !. !. Gan t G u l c h Gant Gulch DP Up Gant Gulch DP Wet 247S 93W ² §¨¦70 Detail AreaGARFIELD COUNTY RIFLE SILT Williams Bargath 0 70 140 FeetNovember 2011 Kokopelli Phase II Figure 7 Wetlands DelineationLegend !.Data Points Pipeline WoUS Wetlands WestWater Engineering 13 of 113 November 2011 !.!. M i d d l e M a m m C r e e k Middle Mamm DP Up Middle Mamm DP Wet 8 17 7S 92W ² §¨¦70 Detail AreaGARFIELD COUNTY RIFLE SILT Williams Bargath 0 70 140 FeetNovember 2011 Kokopelli Phase II Figure 8 Wetlands DelineationLegend !.Data Points Pipeline WoUS Wetlands WestWater Engineering 14 of 113 November 2011 !.!. Ea s t M a m m C r e e k East Mamm DP Up East Mamm DP Wet87S 92W ² §¨¦70 Detail AreaGARFIELD COUNTY RIFLE SILT Williams Bargath 0 70 140 FeetNovember 2011 Kokopelli Phase II Figure 9 Wetlands DelineationLegend !.Data Points Pipeline WoUS Wetlands WestWater Engineering 15 of 113 November 2011 !A Po r c u p i n e C r e e k COE 40117S 94W ² §¨¦70 Detail Area GARFIELD COUNTY RIFLE SILT Williams Bargath 0 100 200 FeetNovember 2011 Kokopelli Phase II Figure 10 Wetlands Delineation Legend !A COE Crossings Pipeline WestWater Engineering 16 of 113 November 2011 WestWater Engineering 17 of 113 November 2011 PRELIMINARY JURISDICTIONAL DETERMINATION FORM This preliminary JD finds that there "may be " waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: District Office !sacramento District File/ORM # I PJD Date: I State leo City/County loarfield Name/ Nearest W aterbo dy: !colorado River Address of John Suchar Williams Midstream 139.487"N Person 4289 CR 215 Location: TRS, Requesting LatLong or UTM: 107.88425°W PJD P a r achute,CO 81635 Identify (Estimate) Amount of Waters in the Review Area: Name of Any Water Bodies Tidal: I Non -W~tland :WIII~Ci ; Stream Flow: on the Site Identified as !colorado Ri ver I I width,2.12 !Perenn ial S ection 10 Waters: Non-Tidal: linear fl acres !Riverine r Office (Desk) Determination W~lli!Dd~· 11 acrc(s) Cowardin r Field Determination: Date of F ie ld Trip: I Class: SUPPORTING DATA: Data reviewed for preliminary JD (check all that apply-checked items should be included in case file and, where checked and requested, appropriately reference sources below): 17 Maps, plans, plots or plat s ubmitted by or on b e half of the applicant/consultant: !westWater Enginee ring 17 Data sheets prepared/submitted by or on b ehalf of the applicant/consultant. r Office concurs with data sheets/delineation r eport. r Office does not concur with data sheets/delineation r e port. r Data s heets prepared by the COfRS r Corps navigable waters' study: I r U.S. Geologica l Survey Hydrologic Atlas: r USGS NHD data. r USGS 8 and 12 digit HUC maps. 17 U .S . Geological Survey map(s). Cite quad name : jRi n e , CO 17 USDA Natural Resources Conservation Service Soil Survey. Citation: jhttp://websoi ls urvey.nrcs.usd a.gov/app/ 17 National wetlands inventory map(s). Cite name: lhttp://www.fws.gov/wetl ands/ r State/Local wetland inventory map(s): I r FEMA/FIRM maps:j r 1 00-year Floodplain ~levation is:.l f7 Photographs: f7 Aenal (Name & D a te):jNAlP 2009 /7 Other (Name & Date): !westWater Engineering r Previous deterrnination(s). File no. and d ate ot response letter: 1 r Other infom1ation (please specify): 1 IMPORTANT NOTE· The information recorded on this fo r m ha s not necessarily bee n ye rified by the Coms and should not be relied upon for Iuter jurjs djctional determinations. c::-::::~ ........ ............-~ /1/~bo/1 Signature a nd Date of Regula tory Projec t Manager ~gna ture a nd~e of Person Reques ting Pfelimfnary JD (REQUIRED) (R EQUIRED, unless obtaining the signature is impracticable) EXPLANA TJON OF PRELII\JI NA RY AND APPROVED JURJSDJCTJO AL DETERI\JINATIONS: 1. Tite Corps of Engi neers believes that there may be Jurisdictional waters of the United States on the subject site. an d the permit appli cant or ot her aiTected pany who requested this preli minary JD is hereby ad vised of hi s or her option to requ est and obtain an apprO\·ed jurisdictional detcmtinati on (JD) for that sit e. Neverthe less, th e pennit ap pli cant or other person wh o req uested this prel imina ry J D has declined to exerci se the option to obtain an approved JD in this instance and at thi s time. 2. In any ci rcu mstance wh ere a pemtit apphcant obtains an ind ividual penni t, or a Nat ionwide General Penn it (N \VP) or other general penni! veri ficat ion requiring "preconstruction notification " (PCN), o r requests ver ification for a non-reponing NWP or other general permit, and the pemtit applicant has not reque st ed an approved JD for the activity, the permit appli cant is hereby made aware of the following : (l) the penni! appl ican t has el ecte d to seck a pennit au thorization based on a pre limina ry JD, which docs not make an o fficial detenninati on of jurisdic tional waters: (2) that the applicant has the option to request an approved JD before accepting the tenns and conditions of the pcnnit auth orization, and tha t basi ng a penn it authorization on an approved JD coul d possibly res ult in less compensatory mitigation be in g required or diffe rent special co ndition s: (3) that the applicant ha s the right to request an in dividual penn it rather than accepting the te nns and conditions of the NWP or other general p ermit author ization: (4) that the applicant can a cce pt a pennit authori zation and thereby agree to comply with all the tenns and conditi ons of that permit, including whatever mitigation requirements the Corps ba s detennined to be necessary; (5) that un dert ak ing any activity in reli ance upon the subj ect penni! authori.zation without requesting an approved J D c onstitutes the applicant's acceptance o f the use of the preliminary JD . but that either form of JD will be processed as soon as is prac ticable: (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking an y activity in reliance on any form of Corps penn it authorization based o n a preliminary JD const itu tes agreement that all wetland s and other water bodies on the site affected in any way by that activity arc jurisdictional waters of the United States, and precludes any challenge to such jurisd iction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court: and (7) whether the applicant elects to use either an app roved JD or a preliminary JD , that JD will be processed as soon as is practicable. Further, an approved JD , a proffered individu al pcnnit (and a ll terms and condit ions contained therein), or individual pemtit den ial can be admin istratively appealed pursuant to 33 C.F.R. Part 331 , and that tn any administrat ive appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during tha t admi nistrative appeal, it becomes necessary to make an official detenninat ion whether CWA jurisdiction extsts over a site or to provide an o fficial delineation of juri sdictional waters on the site the Corps will provide an approved JD to accomplish that result , as soon as is practicable . PRELIMINARY JURISDICTIONAL DETERMINATION FORM This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: Appendix A - Sites Est. Amount of Site Aquatic Resource Class of Number Latitude Longitude Cowardin Class in Review Area Aquatic Resource District Office PJD Date:File/ORM # Person Requestinq PJD State City/County Notes: CR SC PC BC GG MC 39.487 39.4554 39.4651 39.4604 39.4341 39.4535 107.89264 107.83152 107.88425 107.73093 107.68969 107.85778 Riverine Riverine Riverine Riverine Riverine Riverine 2acres 1417sqft 1279sqft 9200sqft 1400sqft 4300sqft WoUS/fringe wetland WoUS/fringe wetland WoUS/fringe wetland WoUS WoUS/fringe wetland WoUS/fringe wetland66DFU 6DFUDPHQWRDistrict John SucharCO Garfield Areas for Beaver Creek (BC) were combined with a nearby unnamed tributary. The middle and east fork of Mamm Creek (MC) were combined for one total area as well. The area of the small seep wetland was included in the Gant Gulch wetland area, the seep is approximately 600 feet away from Gant Gulch. WestWater Engineering 18 of 113 November 2011 WestWater Engineering 19 of 113 November 2011 U.S. Army Corps of Engineers South Pacific Division Nationwide Permit Pre-Construction Notification (PCN) Form This form integ rates r eq uire ments ofth e Nati o nwid e Permit Prog ram wit hin SPD , inc luding General an d Region al Cond ition s. P lease con sul t instruct io n s pr ior to compl eting this fo rm . Box 1 Project Name Applicant Name Kokpelli Phase II John Suchar Applicant Title Applicant Company, Agency, etc. Regulatory Specialist Bargath LLC Mailing Address Applicant's internal tracking number err an y) 4289 CR 215 Parachute, CO 81635 Work Phone with area cod e I Home Phone with area code I Fax # 970-623-8988 I E-mail Address John.Suchar@williams.com Relationship of applicant to property: Downer D Purchaser [{]Lessee D Other: Application is hereby made for verification that subject regulated activities associated with subject proj ect qualify for authorization under a Corps nationwide permit or permits as described herei n. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief, such information is true, comp lete, and accurate. I further certify that I possess the authority to undertake the proposed activ ities. I hereby grant to the agency to which this application is made, the right to enter the above-descr ibed location to inspect the proposed, in-progress or completed work. I agree to start w ork only after all necessary permits have been received. Signature of applicank _....... I Oat ~d/yyyy ) ~ ~ ~ .-/ /'l't? '0/1 ~ ~ Box 2 Authorized Agent/Operator Name and Signature (Iranagentisactingrortheapplicant during the permit process) Agent/ Operator Title I Agent/Operator Company, Agency, etc. Mailing Address E-mail Address Work Phone with area co de I Home Phone with are a cod e I Fax # I Cell Phone# I hereby autho rize the above named autho rized agent to act in my behalf as my agent in the processing of this applicatio n and to furnish , upon reque st, su pplemental information in su pport of this permit applicatio n. I understand that I am bound by the acti ons of my agent and I understand that if a federal or state permit is issued I or my agent must sign the permit. Signature of applicant I Date (m/d/yyyy ) I certify t hat I am f amiliar wi th the information conta ined in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. Signature of authorized agent I Date (m/d/yyyy) Page I of22 Revtsed January 3. 2006. For the most recent vers1on ofth1s f orm, v1 s 1t your Corps D1stnct's Re g ulatory website WestWater Engineering 19of112 11 /8/2011 Page 2 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. Box 3 Name of property owner(s), if other than applicant: Owner Title (see Appendix D) Owner Company, Agency, etc. Mailing Address Work Phone Home Phone Box 4 Name of contractor(s) (if known): Contractor Title Contractor Company, Agency, etc. Mailing Address Work Phone Home Phone Include multiple copies of Box 5 for separate sites. Box 5 Site Number of . Project location(s), including street address, city, county, state, zip code where proposed activity will occur: Waterbody (if known, otherwise enter “an unnamed tributary to”): Tributary to what known, downstream waterbody: Latitude & longitude (D/M/S, DD, or UTM): Zoning Designation (no codes or abbreviations): Assessors parcel number: Section, Township, Range: USGS Quad map name: Watershed and other location descriptions, if known: Directions to the project location: Nature of Activity (Description of project, include all features, see instructions): Project Purpose (Description the reason or purpose of the project, see instructions): 11 Colorado River Colorado River 39.487N 107.88425W Agricultural/ Ranch See Attached See Attached Rifle, CO HUC 1401000 See Attached Delineation Install 22 mile pipeline The proposed pipeline is the second phase of a larger pipeline project that connects production facilities in the Garfield Creek and Jolley Mesa. WestWater Engineering 20 of 113 November 2011 Page 3 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. Use Box 6 if dredged and/or fill material is to be discharged: Box 6 Reason(s) for Discharge into waters of the United States: Type(s) of material being discharged and the amount of each type in cubic yards: Total surface area in acres of wetlands or other waters of the U.S. filled (see instructions): Indicate in ACRES and LINEAR FEET (where appropriate) the proposed impacts to waters of the United States, and identify the impact(s) as permanent and/or temporary for each water body type listed below: Permanent Temporary Water Body Type Acres Linear feet Acres Linear feet Wetland Riparian streambed Unveg. streambed Lake Ocean Other Total: Potential indirect and/or cumulative impacts of proposed discharge (if any): Required drawings (see instructions): Vicinity map: Attached (or mail copy separately if applying electronically) To-scale Plan view drawing(s): Attached (or mail copy separately if applying electronically) To-scale elevation and/or Cross Section drawing(s):Attached (or mail copy separately if applying electronically) Has a wetlands/waters of the U.S. delineation been completed? Yes, Attached (or mail copy separately if applying electronically) No If a delineation has been completed, has it been verified in writing by the Corps? Yes, Date of approved jurisdictional determination (m/d/yyyy): Corps file number: No Please attach1 one or more color photographs of the existing conditions (aerials if possible). 1or mail copy separately if applying electronically Temporal impacts associated with pipeline construction Native material returned into the ditch once pipeline has been placed 1.05 acres of wetland and 0.17 acres of WoUS 1.05 0.17 15 There are no cumulative impacts as a result of the temporary disturbance. ✔ ✔ ✔ ✔ ✔ WestWater Engineering 21 of 113 November 2011 Page 4 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. Dredge Volume: Indicate in CUBIC YARDS the quantity of material to be dredged or used as fill: Indicate type(s) of material proposed to be discharged in waters of the United States: For proposed discharges of dredged material into waters of the U.S. (including beach nourishment), please attach2 a proposed Sampling and Analysis Plan (SAP) prepared according to Inland Testing Manual (ITM) guidelines (including Tier I information, if available). 2or mail copy separately if applying electronically Is any portion of the work already complete? YES NO I f y e s , d e s c r i b e t h e w o r k : Box 7 Intended NWP permit number3: Intended NWP permit number (2nd): Intended NWP number (3rd): 3 Enter the intended permit type(s). See NWP regulations for permit types and qualification information (http://www.usace.army.mil/inet/functions/cw/cecwo/reg/nationwide_permits.htm). Box 8 Authority: Is Section 10 of the Rivers and Harbors Act applicable?: YES NO Is Section 404 of the Clean Water Act applicable?: YES NO Box 9 Is the discharge of fill or dredged material for which Section 10/404 authorization is sought part of a larger plan of development?: YES NO If discharge of fill or dredged material is part of development, name and proposed schedule for that larger development (start-up, duration, and completion dates): Location of larger development (If discharge of fill or dredged material is part of a plan of development, a map of suitable quality and detail of the entire project site should be included): Total area in acres of entire project area (including larger plan of development, where applicable): Approximately 1868cy in Wetlands and 1115cy in WoUS Native material returned to the ditch ✔✔ NWP 12, Utility Line Activities ✔✔ ✔ ✔ 270 acres WestWater Engineering 22 of 113 November 2011 Page 5 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. Box 10 Threatened or Endangered Species Please list any federally-listed (or proposed) threatened or endangered species or critical habitat within the project area (use scientific names (e.g., Genus species), if known): a. b. c. d. e. f. Have surveys, using U.S. Fish and Wildlife Service/NOAA Fisheries protocols, been conducted? Yes, Report attached (or mail copy separately if applying electronically) No If a federally-listed species would be impacted, please provide a description and a biological evaluation. Yes, Report attached (or mail copy separately if applying electronically) Not attached Has the USFWS/NOAA Fisheries issued a Biological Opinion? Yes, Attached (or mail copy separately if applying electronically) No If yes, list date Opinion was issued (m/d/yyyy): Has Section 7 consultation been initiated by another federal agency? Yes, Initiation letter attached (or mail copy separately if applying electronically) No Has Section 10 consultation been initiated for the proposed project? Yes, Initiation letter attached (or mail copy separately if applying electronically) No Box 11 Historic properties and cultural resources: Please list any historic properties listed (or eligible to be listed) on the National Register of Historic Places: a. b. c. d. e. f. Are any cultural resources of any type known to exist on-site? Yes No Has an archaeological records search been conducted? Yes, Report attached (or mail copy separately if applying electronically) No Has a archaeological pedestrian survey been conducted for the site? Yes, Report attached (or mail copy separately if applying electronically) No Has a Section 106 MOA been signed by another federal agency and the SHPO? Yes, Attached (or mail copy separately if applying electronically) No If yes, list date MOA was signed (m/d/yyyy): Has Section 106 consultation been initiated by another federal agency? Yes, Initiation letter attached (or mail copy separately if applying electronically) No See NWP Verification Request ✔ ✔ ✔ ✔ ✔ See Environmental Assessment ✔ WestWater Engineering 23 of 113 November 2011 Page 6 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. Box 12 Measures taken to avoid and minimize impacts to waters of the United States (if any): Include multiple copies of Box 13 for separate sites. Box 13 Proposed Compensatory Mitigation (site of ) related to fill/excavation and dredge activities. Indicate in ACRES and LINEAR FEET (where appropriate) the total quantity of waters of the United States proposed to be created, restored, enhanced and/or preserved for purposes of providing compensatory mitigation. Indicate water body type (wetland, riparian streambed, unvegetated streambed, lake, ocean, other) or non-jurisdictional (uplands5). Indicate mitigation type (on- or off-site by applicant, mitigation bank, in-lieu fee program): Water Body Type Created Restored Enhanced Preserved Mitigation type Example: wetland 0.8 acre 0.2 acre - - On-site by app Example: riparian stream - - 3.0 acres/1300 lf - ILFP Totals: 5 For uplands, please indicate if designed as an upland buffer. If no mitigation is proposed, provide detailed explanation of why no mitigation would be necessary: Has a draft/conceptual mitigation plan been prepared in accordance with the Army Corps of Engineers District guidelines? Yes, Attached (or mail copy separately if applying electronically)No Mitigation site latitude & longitude (D/M/S, DD, or UTM): USGS Quad map name: Assessors parcel number: Section, Township, Range, USGS Quadrangle Map, Latitude/Longitude: Other location descriptions, if known: Directions to the mitigation location: Area of disturbance will narrowed at each stream crossing to no more than 75 feet. Proposed project is temporary impacts only ✔ WestWater Engineering 24 of 113 November 2011 Page 7 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. Box 14 Water Quality Certification (see instructions): Applying for certification? Yes, Attached (or mail copy separately if applying electronically) No Certification issued? Yes, Attached (or mail copy separately if applying electronically) No Exempt? Yes No If exempt, state why: Agency concurrence? Yes, Attached No Box 15 Coastal Zone Management Act (see instructions): Is the project located within the Coastal Zone? Yes No If yes, applying for a coastal commission-approved Coastal Development Permit? Yes, Attached (or mail copy separately if applying electronically) No If no, applying for separate CZMA-consistency certification? Yes, Attached (or mail copy separately if applying electronically) No Permit/Consistency issued? Yes, Attached (or mail copy separately if applying electronically) No Exempt? Yes No If exempt, state why: Box 16 List of other certifications or approvals/denials received from other federal, state, or local agencies for work described in this application: Agency Type Approval4 Identification No. Date Applied Date Approved Date Denied 4 Would include but is not restricted to zoning, building, and flood plain permits NWP General conditions (GC) checklist: 1. Navigation: Project would be in compliance with GC? Yes No 2. Proper Maintenance: Project would be in compliance with GC? Yes No 3. Erosion and Siltation Controls: Project would be in compliance with GC? Yes No 4. Aquatic Life Movements: Project would be in compliance with GC? Yes No ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ N/A ✔ ✔ ✔ ✔ WestWater Engineering 25 of 113 November 2011 Page 8 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. 5. Equipment: Project would be in compliance with GC? Yes No 6. Regional and Case-by-Case Conditions: Complete the Regional Conditions checklist below. Project would be in compliance with any Case-by-case conditions? Yes No 7. Wild and Scenic Rivers: Project would be in compliance with GC? Yes No 8. Tribal Rights: Project would be in compliance with GC? Yes No 9. Water Quality (401 Certification): see Box 14 above. 10. Coastal Zone Permit: see Box 15 above. 11. Endangered Species: see Box 11 above. 12. Historic Properties: see Box 12 above. 13. Notification (Check mark and provide those that apply) NWP 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43: Delineation of wetlands and other waters of the U.S. NWP 7: Original Design Capacity & Configurations NWP 14: Compensatory Mitigation Proposal & written statement describing how temporary losses will be minimized to the maximum extent possible NWP 21: Office of Surface Mining or State-approved mitigation Plan NWP 27: Documentation of Prior Condition of Site NWP 29: Past use of NWP, statement of personal residence, parcel size description, land description NWP 31 (for repeat use): 5 year Maintenance Plan, baseline channel information, delineation, and disposal site information NWP 33: Restoration Plan NWP 39, 43, and 44: Written Statement on Avoidance and Minimization Measures NWP 39 and 42: Compensatory Mitigation Plan/Justifications of no plan NWP 40: Compensatory Mitigation Proposal ✔ ✔ ✔ N/A ✔ N/A Applicable storm water permits will be in place prior to construction See Environmental Assessment See Environmental Assessment No post construction requirements have been issued at this time ✔ WestWater Engineering 26 of 113 November 2011 Page 9 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. NWP 43: Maintenance Plan (for new construction) and compensatory mitigation proposal NWP 44: Description of affected waters, minimization measures and reclamation plan NWPs 12, 14, 29, 39, 40, 42, 43, and 44: FEMA map, FEMA construction requirements and demonstration of FEMA compliance 14. Compliance Certification: Applicant is aware of this post-construction requirement? Yes No 15. Use of Multiple Nationwide Permits: Applicant is aware that if total proposed acreage of impact exceeds acreage limit of NWP with highest specified acreage, no NWP can be issued? Yes No 16. Water Supply Intakes: Project would be in compliance with GC? Yes No 17. Shellfish Beds: Shellfish beds present? Yes No Project would be in compliance with GC? Yes No 18. Suitable Material: Project would be in compliance with GC? Yes No 19. Mitigation: Project would be in compliance with GC? Yes No 20. Spawning Areas : Spawning areas present? Yes No Project would be in compliance with GC? Yes No 21. Management of Water Flows: Project would be in compliance with GC? Yes No ✔ No post construction requirements have been issued at this time ✔ ✔ ✔ ✔ ✔ ✔ N/A Native Material N/A ✔ ✔ ✔ WestWater Engineering 27 of 113 November 2011 Page 10 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. 22. Adverse Effects From Impoundments: Project would be in compliance with GC? Yes No 23. Waterfowl Breeding Areas: Waterfowl breeding areas present? Yes No Project would be in compliance with GC? Yes No 24. Removal of Temporary Fills: Project would be in compliance with GC? Yes No 25. Designated Critical Waters (check those that apply) Includes: 1) N0AA designated marine sanctuaries, 2) National Wild and Scenic Rivers, 3) Critical habitat for Federally listed species, 4) Coral reefs, 5) State natural heritage sites, 6) Officially designated waters Applicant is aware of the restrictions a) and b) below? Yes No a) NWP 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 : No NWP can be issued (except in certain cases described in full text of GC#25). b) NWP 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38: Notification required. 26. Fills within 100-Year Floodplains: Project would be within 100-year floodplains? Yes No If yes, project would be in compliance with restrictions a) and b) below? Yes No a) Discharges Below Headwaters (below point of 5 cfs ) resulting in permanent above- grade fills: NWP 29, 39, 40, 42, 43, and 44: No NWP can be issued. NWP 12 and 14: Notification required. ✔ ✔ ✔ ✔ N/A ✔ ✔ ✔ ✔ WestWater Engineering 28 of 113 November 2011 Page 11 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. b) Discharges in Headwaters (above point of 5 cfs) resulting in permanent above-grade fills: Flood Fringe NWP 12, 14, 29, 39, 40, 42, 43, and 44: Notification required. Floodway NWP 29, 39, 40, 42, 43, and 44: No NWP can be issued. NWP 12 and 14: Notification required. 27. Construction Period Applicant is aware of requirements under this GC? Yes No NWP-specific requirements checklist: 1. Nationwide 03 (case iii): Evidence of damage (due to storm, flood, etc.) such as recent topographic surveys or photographs attached? Yes No 2. Nationwide 07: NPDES permit or other proof of CWA Section 402 compliance attached? Yes No 3. Nationwides 13, 14, 18, 29, 39, 40, 42, 43, 44: Activity/crossing must be part of a single and complete project. Project would be in compliance with this requirement? Yes No 4. Nationwide 31: As-built or approved engineering drawings for each structure attached? Yes No 5. Nationwide 40: Documentation of an NRCS exemption, a NRCS-certified wetland delineation, and a NRCS- approved compensatory mitigation plan attached? Yes No NWP Regional Conditions (RC) checklist: I. Los Angeles District (SPL) in Arizona and California: 1. Is the project located within a coastal watershed from the southern reach of the Santa Monica Mountains in Los Angeles County to the San Luis Obispo County/Monterey County boundary? Yes No ✔ N/A N/A N/A N/A ✔ ✔ N/A ✔ ✔ ✔ WestWater Engineering 29 of 113 November 2011 Page 12 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. If yes, then would the project meet the requirement that all road crossings must employ a bridge crossing design that ensures passage and/or spawning of steelhead is not hindered in any way (see full RC text)? Yes No 2. Is the project located within the State of Arizona or the Mojave and Sonoran (Colorado) desert regions of California in the Los Angeles District (generally north and east of the San Gabriel, San Bernardino, San Jacinto, and Santa Rosa mountain ranges, and south of Little Lake, Inyo County)? Yes No If yes, no NWPs, except 1, 2, 3, 4, 5, 6, 9, 10, 11, 20, 22, 27, 30, 31, 32, 35, 37, and 38 (or other nationwide or regional general permits that specifically authorize maintenance of previously authorized structures or fill), can be used to authorize the discharge of dredged or fill material into a jurisdictional special aquatic site as defined by 40 CFR 230.40-45. If yes, is applicant aware of restriction above? Yes No 3. Does NWP or Regional General Permit require prior notification (a PCN) be given to the District Engineer? Yes No If yes, are the required color photographs or color photocopies of the project area taken from representative points documented on a site map included? Yes No 4. Is project located in a special aquatic site as defined by 40 CFR 230.40-45 or in a perennial watercourse or waterbody in the State of Arizona or in the Mojave or Sonoran (Colorado) desert regions of California? Yes No If yes, notification pursuant to general condition #13 is required. 5. Is project located in an areas designated as Essential Fish Habitat? Yes No If yes, notification pursuant to general condition #13 is required. 6. Is project located within a watershed in the Santa Monica Mountains in Los Angeles and Ventura counties bounded by Calleguas Creek on the west, by Highway 101 on the north and east, and by Sunset Boulevard and Pacific Ocean on the south? Yes No If yes, notification pursuant to general condition #13 is required. 7. Would project impact jurisdictional vernal pools? Yes No If yes, then an individual permit is required. 8. Is project within the Murrieta Creek and Temecula Creek watersheds in Riverside County and does it require new permanent fills in perennial and intermittent watercourses? Yes No WestWater Engineering 30 of 113 November 2011 Page 13 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. If yes, then projects which would otherwise be authorized under NWPs 39, 42, or 43, will require an individual permit. Is project located in an ephemeral watercourse and is the impact greater than 0.1 acre? Yes No If yes, then projects which would otherwise be authorized under NWPs 39, 42, or 43, will require an individual permit. 9. Is project in San Luis Obispo Creek or Santa Rosa Creek in San Luis Obispo County for bank stabilization projects; or and in Gaviota Creek, Mission Creek or Carpinteria Creek in Santa Barbara County for bank stabilization projects and grade control structures? Yes No If yes, then an individual permit is required. II. Sacramento District (SPK) in California, Colorado, Nevada, and Utah: SPK Regional conditions to be applied across the entire Sacramento District including California, Colorado, Nevada, and Utah: A. Is the project in a fen? Yes No Nationwide Permits 14, 29, 33, 39, 40, 41, 42, 43, and 44 are withdrawn from use in histosols, including fens. For the use of all other nationwide permits in fens, project proponents are required to notify the Corps using the notification or PCN procedures of the nationwide permit program (General Condition 13). This will be a "Corps only" notification. B. Will mitigation be completed before or concurrent with construction of the project? Yes No For all activities using any existing and proposed nationwide permits, mitigation that is required by special condition must be completed before or concurrent with project construction. Where project mitigation involves the use of a mitigation bank or in-lieu fee, payment must be made to the bank or fee-in-lieu program before commencing construction of the permitted activity. C. Is a statement attached explaining how avoidance and minimization of impacts were a c h i e v e d ? Yes No ✔ ✔ ✔ See NWP 12 verification request WestWater Engineering 31 of 113 November 2011 Page 14 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. For all nationwide permits requiring notification, except 27, the applicant must provide a written statement to the district engineer explaining how avoidance and minimization of loses of waters of the United States were achieved on the project site. D. Is the project in Lake Tahoe? Yes No All existing and proposed nationwide permits are suspended in the Lake Tahoe Basin in favor of using Regional General Permit 16. SPK Regional conditions to be applied only in California: None SPK Regional conditions to be applied in Nevada:None SPK Regional conditions to be applied in Utah: A. For use of any nationwide permit with the following attributes, notification of the Corps of Engineers' Utah Regulatory Office, using the "Notification" procedures of the Nationwide Permit Program (General Condition 13), is required, except where certain nationwide permits are restricted and can not be used as indicated in each category. This will be a "Corps only" notification: 1. Does the activity affect waters of the U.S. below the elevation 4217 feet msl adjacent to the Great Salt Lake and below 4500 feet msl adjacent to Utah Lake? Yes No 2..Does the activity involve bank stabilization in a perennial stream? Yes No Bank stabilization activities that would affect more than 100 feet of stream length as measured from the upstream portion of the affected bank to the downstream section, narrow the cross-section of the stream, substantially reduce the riparian vegetation, or increase velocities. 3. Does the activity affect springs.? Yes No A spring is an aquatic feature caused by ground water being discharged to the surface, creating wetland and/or stream characteristics. Nationwide Permits 14, 16, 18, 29, 33, 36, 39, 40, 42, 43, and 44 can not be used in spring areas. SPK Regional conditions to be applied only in Colorado: A. SPK Regional Conditions Applicable to Specific Nationwide Permits Within Colorado: 1. Does the action involve the use of Nationwide Permit No. 13 Bank Stabilization? Yes No ✔ ✔ WestWater Engineering 32 of 113 November 2011 Page 15 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. In Colorado, bank stabilization activities necessary for erosion prevention in streams that average less than 20 feet in width (measured between the ordinary high water marks) are limited to the placement of no more than 1/4 cubic yard of material per running foot below the plane of the ordinary high water mark. Activities greater than 1/4 cubic yard may be authorized if the permittee notifies the District Engineer in accordance with General Condition No. 13 (Notification) and the Corps determines the adverse environmental effects are minimal. 2. Does the activity involve the use of Nationwide Permit No. 27 Stream and Wetland Restoration Activities? Yes No (1) For activities which include a fishery enhancement component, notification will include a letter from the Colorado Division of Wildlife concurring that the project will benefit the fishery; and (2) for projects in streams classified as "Gold Metal Waters", Nationwide Permit No. 27 may not be used. For such projects, the applicant can apply for the existing Colorado Regional General Permit No. CO-00-16900 (Stream Habitat Improvement Structures) or a standard individual permit. B. SPK Regional Conditions Applicable to All Nationwide Permits Within Colorado. 1. Does the activity involve the use of temporary fills? Yes No Removal of Temporary Fills. General Condition No. 24 (Removal of Temporary Fills) is amended by adding the following: When temporary fills are placed in wetlands in Colorado, a horizontal marker (i.e. fabric, certifies weed-free straw, etc.) must be used to delineate the existing ground elevation of wetlands that will be temporarily filled during construction. 2. Does the activity involve fills in Important Spawning Areas? Yes No Important Spawning Areas. General Condition No. 20 (Spawning Areas) is amended by adding the following: In Colorado, activities which; (1) would destroy important spawning areas; (2) would be conducted in these waters during spawning seasons for trout and Kokanee salmon (spawning season for rainbow and cutthroat trout is March 15 through July 15, and for brown and brook trout and Kokanee salmon is September 15 through March 15); or (3) would have greater than minimal release of sediments during these spawning seasons are not authorized by any nationwide permit. Bio-engineering techniques, such as native riparian shrub plantings are required for all bank protection activities that exceed 50 linear feet in important spawning areas. Important spawning areas are identified in the attached list (enclosure 1) of critical resource waters in Colorado. C. SPK Regional Conditions for Revocations Specific to Certain Geographic Areas within Colorado: 1. Does any activity occur in a fen? Yes No Fens: In Colorado, nationwide permits No. 1, 2, 4, 6-11, 13-19, 21-25, 28-31, 33-36, and 39-44 are revoked for activities in these regionally important aquatic resources. Fens are defined as wetlands which are characterized by water logged spongy ground and contain (in all or part) soils classified as histosols* or mineral soils with a histic epipedon*. To determine whether this provision applies, the entire wetland must be examined for the presence of histosols or histic epipedons. *Histosols have 40 centimeters (16 inches) or more of the upper 80 centimeters (32 inches) an organic soil material (or less over bedrock). Organic soil material has an organic carbon content (by weight) of 12 to 18 percent, or more, depending on the clay content of the soil. Histic epipedons have a 20 to 60 centimeter-thick (8-24 inches) organic soil horizon that is at or near the surface of a mineral soil. Histosols and histic epipedons are widely recognized as organic soils formed by slow accumulation of plant debris in ✔ ✔ ✔ ✔ WestWater Engineering 33 of 113 November 2011 Page 16 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. waterlogged situations where it cannot decompose. (More information on histosols can be obtained from the U.S. Department of Agriculture, Natural Resources Conservation Service publications on Keys to Soil Taxonomy and Field Indicators of Hydric Soils in the United States. 2. Does any activity occur within 100 feet of a spring? Yes No Springs: Within the State of Colorado, all nationwide permits are revoked within 100 feet of the water source of natural springs. A spring source is defined as any location where ground water emanates from a point in the ground. For purposes of this regional condition, springs do not include seeps or other discharges that do not have a defined channel. D. Practices Applicable to All Nationwide Permits Within Colorado (SPK). The following provides additional information regarding minimization of impacts and compliance with existing general Conditions: 1. Permittees are reminded of the existing General Condition No. 18 which prohibits the use of unsuitable material. Organic debris, building waste, asphalt, car bodies, and junk materials are not suitable material. Also, General Condition No. 3 requires appropriate erosion and sediment controls (i.e. all fills must be properly stabilized to prevent erosion and siltation into waters and wetlands). Streambed material or other small aggregate material placed alone for bank stabilization will not meet General Condition No. 3. 2. Permittees are encouraged to mitigate project impacts prior to or concurrent with project construction. This issue continues to be a concern and the Corps prefers at this time to request that nationwide permit notification submittals explicitly address prior to or concurrent mitigation or the reasons why mitigation cannot occur prior to or concurrent with project construction. 3. Does any activity occur within a critical resource water of Colorado? Yes No In accordance with General Condition No. 25 (Designated Critical Resource Waters) waters within the State of Colorado listed in Enclosure 1 (Critical Resource Waters in Colorado) are designated as critical resource waters. Enclosure 1 CRITICAL RESOURCE WATERS IN COLORADO In accordance with General Condition No. 25 (Designated Critical Resource Waters) the following waters within the State of Colorado are designated as critical resource waters: a.Outstanding Natural Resource Waters: Cache la Poudre Basin: All tributaries to the cache La Poudre River system, including all lakes and reservoirs, which are within Rock Mountain National Park; ✔ ✔ WestWater Engineering 34 of 113 November 2011 Page 17 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. Laramie River: All tributaries to the Laramie River system, including all lakes and reservoirs which are in the Rawah Wilderness Area; North Fork Gunnison River: All tributaries to North Fork Gunnison River system, including lakes, reservoirs and wetlands within the West Elk and Raggeds Wilderness Area; North Platte River: All tributaries to the North Platte River and Encampment Rivers, including all lakes and reservoirs, which are in the Mount Zirkle Wilderness Area; San Miguel River: All tributaries, lakes, reservoirs, and wetlands within the boundaries of the Lizard Head and Mt. Sneffels Wilderness Area; Roaring Fork River: All tributaries to the Roaring Fork River system, including lakes, reservoirs and wetlands within the Maroon Bells/Snowmass Wilderness Area; Umcompahgre River: All tributaries to the Uncompahgre River system, including lakes, reservoirs, and wetlands within the Mt. Sneffels and Big Blue Wilderness Areas; Upper Arkansas River Basin: All streams, wetlands, lakes, and reservoirs within the Mount Massive and Collegiate Peaks Wilderness Areas; Upper Colorado River: Mainstem of the Colorado River system including tributaries, lakes, reservoirs, and wetlands within Rocky Mountain National Park; Upper Gunnison River Basin: All tributaries, lakes, reservoirs, and wetlands in the La Garita Wilderness Area. All tributaries to the Gunnison River system, including lakes, reservoirs, and wetlands within West Elk, Collegiate Peaks, Maroon Bells, Raggeds, Fossil Ridge, Oh-Be-Joyful and Big Blue Wilderness Areas; White River: Trapper's Lake and tributaries to Trapper's Lake; Yampa River: All tributaries to the Yampa River, including lakes, reservoirs and wetlands within Zirkle Wilderness Area. b.Important Spawning areas: In Colorado , important spawning areas are defined as "Gold Metal Waters' as identified by the State of Colorado. Gold Metal Waters are defined in the Colorado Fishing Season Information brochure, on the Colorado Division of Wildlife website www.dnr.state.co.us, or can be obtained at any Corps office in Colorado. III. Albuquerque District (SPA) in Colorado, New Mexico, and Texas: SPA Regional conditions to be applied only in Colorado 1. Is the project for bank stabilization activities necessary for erosion prevention in streams that average less than 20 feet in width (measured between the ordinary high water WestWater Engineering 35 of 113 November 2011 Page 18 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. marks) limited to the placement of no more than ¼ cubic yards of material per running foot below the plane of the ordinary high water mark? Yes No If yes, notification pursuant to general condition # 13 is required. 2. Is the project located in streams classified as “Gold Metal Waters”? Yes No If yes, nationwide permit number 27 may not be used. Applicant must apply for a Standard Individual permit. 3. Is project for Stream and Wetland Restoration activities which include a fishery enhancement component Yes No If yes, letter from the Colorado Division of Wildlife concurring that the project will benefit the fishery. 4. Is the project using or removing temporary fills in wetlands? Yes No If yes, a horizontal marker (i.e., fabric, certifies weed-free straw, etc.) must be used to delineate the existing ground elevation of wetlands that will be temporarily used during construction. 5. Is project located in an Important Spawning Area and is the work being done during spawning season (March 15 – July 15; and September 15 – July 15)? Yes No If yes, not authorized by any nationwide permit. If no, bio-engineering techniques, such as native riparian shrub plantings are required for all bank protection activities that exceed 50 linear feet in important spawning areas. See Critical Resource Waters in Colorado. 6. Is project located in a wetland, and are fens present? Yes No If yes, Nationwide Permit Numbers 1, 2, 4, 6-11, 13-19, 21-25, 28-31, 33-36, and 39-44 are revoked. 7. Is project located within 100 feet of the water source of a natural spring? Yes No If yes, all nationwide permits are revoked. 8. Does NWP or Regional General Permit require prior notification (a PCN) be given to the District Engineer? Yes No ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ WestWater Engineering 36 of 113 November 2011 Page 19 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. If yes, are the required color photographs or color photocopies of the project area taken from representative points documented on a site map included? Yes No 9. Is project located in a special aquatic site as defined by 40 CFR 230.40-45 or in a perennial watercourse or waterbody in the State of Colorado? Yes No If yes, notification pursuant to general condition #13 is required. 10. Is project located in a areas designated as Essential Fish Habitat? Yes No If yes, notification pursuant to general condition #13 is required. SPA Regional conditions to be applied only in New Mexico 1. Is the project for utility line discharges crossing in waterways wider than 200 feet? Yes No If yes, notification pursuant to general condition # 13 is required. 2. Is the project for bank stabilization activities necessary for erosion prevention in streams that average less than 20 feet in width (measured between the ordinary high water marks) limited to the placement of no more than ¼ cubic yards of material per running foot below the plane of the ordinary high water mark? Yes No If yes, notification pursuant to general condition # 13 is required. 3. Is the project for linear transportation crossings in perennial waterways? Yes No If yes, culverts shall be designed to provide for fish passage. Culverts shall be designed and installed so that waterflow shall be at least 0.8 feet deep, the maximum hydraulic drop in the culvert shall not exceed 0.8 ft, and the maximum velocity shall not exceed 4.0 fps for culverts less than 100 feet long, 3.0 fps for culverts 100-200 feet long, and 2.0 fps for culverts longer than 200 feet. 4. Is project for stream and wetland restoration or enhancement activities that incorporate the use of rip-rap, channelization, or levees? Yes No If yes, notification pursuant to general condition #13 is required. 5. Is the project for residential, commercial, and institutional development? ✔ ✔ ✔ WestWater Engineering 37 of 113 November 2011 Page 20 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. Yes No If yes, not authorized for channelization or relocation of any intermittent or perennial water course regardless of size or rate of flow. 6 . I s p r o j e c t f o r m i n i n g a c t i v i t i e s ? Yes No If yes, nationwide permit is revoked. 7. Is the project activity involve fills in perennial waters or wetlands larger than ½ acre? Yes No If yes, applicant must apply for a Standard Individual Permit. 8. Is project located within 100 feet of the water source of a natural spring? Yes No If yes, all nationwide permits are revoked. 9. Does the project require temporary water diversion or totally dewatering more than 100 linear feet of stream channel? Yes No If yes, applicant must apply for a Standard Individual Permit. If no, notification pursuant to general condition # 13 is required. 10. Is the project located in a special aquatic site, including wetlands, whose principal activity is not water dependent? Yes No If yes, notification pursuant to general condition #13 is required? 11. Is the project requiring external notification sent to the appropriate city, county, or tribal agencies for their comments? Yes No If yes, for activities authorized by NWP No. 4, 13, 27, and 30 the District Engineer (DE) will notify the New Mexico Department of Game and Fish and other appropriate agencies. 12. Is project using any poured concrete, heavy equipment, fuel, or petrochemicals within 100 feet of any water of the U.S. including wetlands? Yes No If yes, notification pursuant to general condition #13 is required. 13. Is project located in an important spawning area and is the work to be done during spawning season (March 15 – July 15; and September 15 – July 15)? Yes No WestWater Engineering 38 of 113 November 2011 Page 21 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. If yes, not authorized by any nationwide If no, notification pursuant to general condition #13 is required. 14. Will project result in changes to local stream gradient, streambed elevation, direction, velocity of streamflow, or cause significant changes in channel size, shape and streambank habitat (unless the project specifically designed to restore previously degraded and unstable streams)? Yes No If yes, notification pursuant to general condition # 13 is required. 15. Is project located in an area designated as a Critical Resource Water? Yes No If yes, notification pursuant to general condition #13 is required. SPA Regional conditions to be applied only in Texas 1. Is project located in an area designated as a Critical Resource Water? Yes No If yes, notification pursuant to general condition #13 is required. IV. San Francisco District (SPN): No SPN Regional Condition checklist is currently available. Please refer to original text of SPN regional conditions. End of form **************************************************************************** Instructions: 1) Box 5: a.Nature of Activity: Describe the overall activity or project. Give appropriate dimensions of structures such as wingwalls, dikes (identify the materials to be used in construction, as well as the methods by which the work is to be done), or excavations (length, width, and height). Indicate wether discharge of dredged or fill material is involved. Also, identify any structure to be constructed on a fill, piles, or float-supported platforms. The written descriptions and illustrations are an important part of the application. Please describe, in detail, what you wish to WestWater Engineering 39 of 113 November 2011 Page 22 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District’s Regulatory website. do. If more space is needed, attach a separate sheet marked “Box 5 Nature of Activity.” b.Proposed Project Purpose: Describe the purpose and need for the proposed project. What will it be used for and why? Also include a brief description of any related activities to be developed as the result of the proposed project. 2) Box 6: a. Corps jurisdiction consists of waters of the U.S. Waters of the U.S. are defined under 33 CFR part 329 as “navigable waters of the United States” and/or under 33 CFR part 328.3(a) as “waters of the United States.” Under Section 404 of the Clean water Act, either the ordinary high water mark (non-tidal) or the high tide line (tidal), as well as any adjacent wetlands, demarcate waters of the U.S. Under Section 10 of the Rivers and Harbors Act, either the mean high water mark (tidal) or the ordinary high water mark (non-tidal), as well as any adjacent wetlands, demarcate waters of the U.S. Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (1987 Manual) (i.e., occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent. b.Required drawings: Submit one legible copy of all drawings (8 1/2 x 11-inch or 11 x 17-inch) with a 1-inch margin around the entire sheet. The title box shall contain the title of proposed activity, name of water body, county, city, date, and sheet number. i. Vicinity map: Cover an area large enough so the project can be easily located, include arrow marking the project area, Identifiable land marks, name or number of roads, north arrow, and scale. ii. Plan view: Include existing bank lines, ordinary high water mark line(s), average water depth around the activity, dimensions of the proposed project, dimensions of any structures immediately adjacent to the proposed activity, north arrow, scale. iii. Elevation and/or cross-section views: water elevation as shown on plan view drawing, dimensions of the proposed project, dimensions of any structures immediately adjacent to the proposed activity, scale 3)Box 14: You may need State water quality certification from the appropriate state or tribal agency (e.g., Regional Water Quality Control Board for non-tribal California lands). You need not have obtained water quality certification before applying for a Corps nationwide permit verification. 4)Box 15: You may need a federal coastal consistency certification under the Coastal Zone Management Act from the appropriate state agency (e.g., California Coastal Commission for California Coastal Commission). You need not have obtained federal coastal consistency certification before applying for a Corps nationwide permit verification. WestWater Engineering 40 of 113 November 2011 APPENDIX A WATERS OF THE UNITED STATES (WoUS) AND WETLANDS Map, Table, and Photos of ACOE Potential Jurisdictional Drainages WestWater Engineering 41 of 113 November 2011 !A!A !A !A !A !A !A!A!A !A !A!A!A!A!A !A !A !A !A!A !A !A !A !A !A !A !A !A!A!A !A!A!A !A!A COE 9 COE 8 COE 7 COE 6 COE 5 COE 4 COE 3 COE 2 COE 1 COE 17 COE 18 COE 34 COE 33 COE 32 COE 31 COE 30 COE 29 COE 28 COE 27 COE 26 COE 23 COE 25 COE 24 COE 21 COE 20 COE 22 COE 19 COE 16 COE 15 COE 14 COE 13 COE 12 COE 11 COE 10 ² §¨¦70 Detail Area GARFIELD COUNTY RIFLE SILT Williams Bargath 0 0.5 1 MilesNovember 2011 Kokopelli Phase II Appendix A, Figure 1 Wetlands Delineation Legend !A COE Crossings Pipeline WestWater Engineering 42 of 113 November 2011 !A!A !A!A!A !A !A !A!A!A !A!A !A!A!A!A!A !A !A!A!A!A !A COE 40 COE 53 COE 52 COE 50 COE 51 COE 49 COE 48 COE 47 COE 46 COE 45 COE 44 COE 43 COE 42 COE 41 COE 39 COE 38 COE 37 COE 36 COE 35 COE 34 COE 33 ² §¨¦70 Detail Area GARFIELD COUNTY RIFLE SILT Williams Bargath 0 0.5 1 MilesNovember 2011 Kokopelli Phase II Appendix A, Figure 2 Wetlands Delineation Legend !A COE Crossings Pipeline WestWater Engineering 43 of 113 November 2011 WATERS OF THE UNITED STATES (WOUS) AND WETLANDS Label Easting Northing Width (ft) Depth (in) Comments 1 269235 4370679 4.5 8 East Mamm Creek – wetland. 2 268571 4370566 5 6 Middle Mamm Creek- wetland. 3 267928 4370321 No OHWM No OHWM Blue line on U.S. Geological Survey (USGS); no ordinary high water mark (OHWM). 4 267745 4369968 No OHWM No OHWM Blue line on USGS; bare ground and is also a cow trail. 5 267655 4369754 0.83 1 Blue line on USGS; 10 inch wide x 1 inch deep OHWM 6 267067 4369465 1 2 Blue line on USGS; 12in wide x 2 in deep OHWM 7 266262 4369294 0.83 1 No blue line on USGS; 10 inch wide x 1 inch deep OHWM 8 266187 4369324 1 2 Blue line on USGS; 12 inch wide x 2 inch deep OHWM; separated from WP17 by a small berm 9 266171 4369331 1 2 Blue line on USGS; 12 inch wide x 2 inch deep OHWM; separated from WP16 by a small berm; they join 12 ft downstream 10 265509 4368830 1 1 Crossing here in a dry drainage with 11 inch wide flow and a 1 inch depth; some flow debris caught up on a sagebrush limb. 11 265232 4368638 No OHWM No OHWM Crossing where water/mud draining off ridge to south runs into a roadside with culvert and forms a delta of mud. 12 265190 4368573 1 6 Crossing with a 12 inch wide channel flow and 6 inches deep when running. 13 265119 4368480 6 5 Crossing with channel measuring 6 ft across and 4 to 5 inches deep. Dry at time of visit. Looks to be a flashflood crossing 14 264995 4368530 2.2 3 Gant Gulch-delineated wetland. 15 264804 4368588 No OHWM No OHWM Tributary to Gant Gulch-delineated wetland, seep only. 16 264790 4369131 6 4 Blue line on USGS, COE crossing on W Mamm Creek. Channel flow is 6 ft wide and 4 inches deep on this date. Channel is 16 ft wide and 19 inches deep at max flow 17 262296 4368415 3 15 Blue line on USGS, OHWM, running water during survey from rain. 18 262257 4368489 3 10 Blue line on USGS, Dry, deep channel of Dry Creek, OHWM, carries water during spring runoff and periods of heavy rain. WestWater Engineering 44 of 113 November 2011 WATERS OF THE UNITED STATES (WOUS) AND WETLANDS Label Easting Northing Width (ft) Depth (in) Comments 19 261571 4368146 1.66 4 Blue line on USGS, Forest Service Section 21, dry, OHWM. 20 261170 4368478 No OHWM No OHWM Blue line on USGS, dry, grasses in channel. 21 261169 4368567 No OHWM No OHWM Blue line on USGS, dry, grasses in channel. 22 261191 4368811 No OHWM No OHWM Blue line on USGS, dry, grasses in channel. 23 261134 4369067 No OHWM No OHWM Blue line on USGS, dry, grasses and shrubs in channel, along a trail. 24 261149 4369279 No OHWM No OHWM Blue line on USGS, dry, grasses in channel. 25 261141 4369399 No OHWM No OHWM Blue line on USGS, dry, vegetation in channel. 26 261085 4369467 No OHWM No OHWM Blue line on USGS, dry, grasses. 27 260997 4369593 No OHWM No OHWM Blue line on USGS, dry, grasses in channel. 28 260971 4369872 No OHWM No OHWM Blue line on USGS, dry, grasses. 29 260900 4370541 1 3 Blue line on USGS, dry, flow channel, OHWM. 30 260844 4370706 No OHWM No OHWM Blue line on USGS, dry, vegetation in channel. 31 260626 4370705 No OHWM No OHWM Blue line on USGS, dry, mountain shrubs throughout area. 32 260531 4370698 No OHWM No OHWM Blue line on USGS, dry, sagebrush in channel. 33 260162 4370852 No OHWM No OHWM Blue line on USGS, dry, mountain shrubs. 34 259821 4370922 2 0.5 Natural channel converted to a ditch, no wetland vegetation. 35 259269 4370894 2.5 0.25 Deep gully/ditch with lots of perennial vegetation and currently flowing water, no wetland vegetation 36 258061 4372188 3 4 Blue line on USGS, Dry intermittent, OHWM, flow channel. 37 257193 4371839 No OHWM No OHWM Blue line on USGS, dry, with grasses and shrubs. 38 256765 4371689 1.5 4 Tributary to Beaver Creek Youberg Ranch-delineated wetland. 39 256413 4371698 7 28 Beaver Creek-delineated wetland. 40 254113 4371226 20 48 Blue line, perennial stream, no wetland vegetation or soils due to annual erosion from high runoff flows. WestWater Engineering 45 of 113 November 2011 WATERS OF THE UNITED STATES (WOUS) AND WETLANDS Label Easting Northing Width (ft) Depth (in) Comments 41 253335 4371745 1.33 2 Blue line on USGS, dry, OHWM. 42 252956 4372003 1 1 Blue line on USGS, dry, OHWM. 43 252556 4372069 3 2.5 Blue line on USGS, debris deposits and OHWM, clear high water mark this year; perennial vegetation in bed includes Carex spp., not a wetland. 44 252244 4371913 2.5 20 Blue line on USGS, deeply eroded gully, dry, OHWM, 45 251726 4371990 2 2 Debris deposits from flow, OHWM, blue line on Topo. 46 251553 4371963 1.5 1 Dry, OHWM, blue line on Topo. 47 251505 4371938 No OHWM No OHWM No blue lie on USGS, dry, grasses in channel. 48 251455 4371938 No OHWM No OHWM No blue line on USGS, dry, grasses in channel. 49 251152 4372386 1.8 6 Spruce Creek crossing-delineated wetland. 50 251084 4376366 1 1 No blue line on USGS; 1 inch deep x 12 inch wide OHWM. 51 251091 4376430 1.5 2 No blue line on USGS; 2 inch deep x 16 inch wide OHWM; clogged culvert and overland flooding made it difficult to find channel. 52 250516 4376444 1.75 6 Blue line on USGS; 6 inch deep x 22 inch wide OHWM 53 250300 4376381 2 2 No blue line on USGS; 2 inch deep x 24 inch wide OHWM WestWater Engineering 46 of 113 November 2011 CO E 1 E. M (U p s t r e aMam m Cr e e k W e m ‐Do w n s t r e a m ‐e tl a n d X in g ) CO E ‐2 Mi d d (U p s t r e a le Ma m m Cr e e k W m ‐Do w n s t r e a m ‐XWet l a n d X in g ) CO E ‐3 (U p s t t re a m ‐Downstre a a m ‐Xing) We s t W a t e r En g i n e e r i n g 47 of 11 3 November 2011 CO E 4 (U p s t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐5 (U p s t r r ea m ‐Do w n s t r e a m m ‐Xi n g ) CO E ‐6 (U p s t r ea m ‐Downstrea m m ‐Xing) We s t W a t e r E n g i n e e r i n g 48 o f 1 1 3 November 2011 CO E 7 (U ps t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐8 (U p s t r r ea m ‐Do w n s t r e a m m ‐Xi n g ) CO E ‐9 (U p s t r ea m ‐Downstrea m m ‐Xing) We s t W a t e r E n g i n e e r i n g 49 o f 1 1 3 November 2011 CO E 10 (U ps t t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐11 (U p s t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐12 (U p s t r r ea m ‐Downstrea m ‐Xing) We s t W a t e r E n g i n e e r i n g 50 o f 1 1 3 November 2011 CO E 13 (U p s t t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐14 G (U p s t r e a mGan t Gu l c h We t l a m ‐Do w n s t r e a m ‐Xand X in g ) CO E ‐15 Ga n (U p s t r e a mnt Gu l c h Seep W e m ‐Do w n s t r e a m ‐Xetland ing) We s t W a t e r En g i n e e r i n g 51 of 11 3 November 2011 CO E 16 (U p s t t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐17 (U p s t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐18 (U p s t r r ea m ‐Downstrea m ‐Xing) We s t W a t e r E n g i n e e r i n g 52 o f 1 1 3 November 2011 CO E 19 (U ps t t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐20 (U p s t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐21 (U p s t r r ea m ‐Downstrea m ‐Xing) We s t W a t e r E n g i n e e r i n g 53 o f 1 1 3 November 2011 CO E 22 (U ps t t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐23 (U p s t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐24 (U p s t r r ea m ‐Downstrea m ‐Xing) We s t W a t e r E n g i n e e r i n g 54 o f 1 1 3 November 2011 CO E 25 (U ps t t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐26 (U p s t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐27 (U p s t r r ea m ‐Downstrea m ‐Xing) We s t W a t e r E n g i n e e r i n g 55 o f 1 1 3 November 2011 CO E 28 (U ps t t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐29 (U p s t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐30 (U p s t r r ea m ‐Downstrea m ‐Xing) We s t W a t e r E n g i n e e r i n g 56 o f 1 1 3 November 2011 CO E 31 (U ps t t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐32 (U p s t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐33 (U p s t r r ea m ‐Downstrea m ‐Xing) We s t W a t e r E n g i n e e r i n g 57 o f 1 1 3 November 2011 CO E 34 (U ps t t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐35 (U p s t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐36 (U p s t r r ea m ‐Downstrea m ‐Xing) We s t W a t e r E n g i n e e r i n g 58 o f 1 1 3 November 2011 CO E ‐37 (U p s t t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐38 Tr i b u t a r (U p s t r e a mry to Be a v e r Cr e e m ‐Do w n s t r e a m ‐Xek We t l a n d X in g ) CO E ‐39 B e (U p s t r e a meav e r Creek Wetl m ‐Do w n s t r e a m ‐Xand ing) We s t W a t e r E n g i n e e r i n g 59 o f 1 1 3 November 2011 CO E ‐40 (U ps t t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐41 (U p s t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐42 (U p s t r r ea m ‐Downstrea m ‐Xing) We s t W a t e r E n g i n e e r i n g 60 o f 1 1 3 November 2011 CO E ‐43 (U p s t t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐44 (U p s t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐45 (U p s t r r ea m ‐Downstrea m ‐Xing) We s t W a t e r E n g i n e e r i n g 61 o f 1 1 3 November 2011 CO E ‐46 (U p s t t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐47 (U p s t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐48 (U p s t r r ea m ‐Downstrea m ‐Xing) We s t W a t e r E n g i n e e r i n g 62 o f 1 1 3 November 2011 CO E ‐49 S (U p s t r e a S pr u c e Cr e e k We t m ‐Do w n s t r e a m ‐Xtla n d X in g ) CO E ‐50 (U p s t t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐51 (U p s t r re a m ‐Downstrea m ‐Xing) We s t W a t e r E n g i n e e r i n g 63 o f 1 1 3 November 2011 CO E ‐52 (U p s t t re a m ‐Do w n s t r e a a m ‐Xi n g ) CO E ‐53 (U p s t t re a m ‐Do w n s t r e a a m ‐Xi n g ) We s t W a t e r En g i n e e r i n g 64 of 11 3 November 2011 APPENDIX B COE DATA SHEETS WestWater Engineering 65 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli Phase II Pipeline - Beaver Creek Garfield 08-30-2011 William Bargath BCK-UP WWE; BFF, VG T7S R94W Sec. 12 terrace none <2% CO D - Interior Deserts 39.46044314 N -107.8315547 W WGS 84 0 6 0.0 5 120 105 10 Alnus incana 40 Yes UPL Acer glabrum Yes10 Quercus gambelii 5 55 FACU FACU Quercus gambelii Yes Yes 10 20 40 40 Symphoricarpos occidentalis Artemisia tridentata Amelanchier utahensis 5Cornus sericea 115 FACU UPL UPL FAC FACW Yes Yes 5 5 10 20 30 Achillea millefolium Lupinus polyphyllus Dactylis glomerata Bromus tectorum Poa pratensis 70 FACU UPL FACU FACU FACU 1m 1m 240 1060 600 420 30 10 0 4.42 5m WestWater Engineering 66 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 BCK-UP 0-18 10YR 2/1 100 loam Rock 10" WestWater Engineering 67 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli Phase II Pipeline - Beaver Creek Garfield 08-30-2011 William Bargath BCK-WET WWE; BFF, VG T7S R94W Sec. 12 draw none <2% CO D - Interior Deserts 39.46044787 N -107.8315247 W WGS 84 Torrifluvents, nearly level NA 5 8 62.5 50 40 20 25 10 Alnus incana 40 Yes UPL 40 Cornus sericea Yes Yes15 35 Rosa woodsii 50 FACW FAC Yes Yes Yes Yes Yes10 10 10 10 15 Cirsium arvense Dactylis glomerata Eleocharis palustris Equisetum arvense Agrostis gigantea 55 FACW FAC OBL FACU FACU 1m 1m 145 465 200 80 75 100 10 3.21 5m WestWater Engineering 68 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 BCK-WE 0-6 10YR 2/1 30 2.5/N 40 RM M sandy clay loam saturated Rock 6" 4" WestWater Engineering 69 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli Phase II Pipeline- CO River - North Garfield 08-30-2011 William Bargath CoRv North-UP WWE; BFF, VG T6S R94W Sec. 33 terrace none 5 CO D - Interior Deserts 39.48812957 N -107.8839688 W WGS84 Nihill-channery loam, 6-25% slopes NA 0 4 0.0 80 25 Sarcobatus vermiculatus Yes Yes Yes10 10 10 Artemisia tridentata Ericameria nauseosus 30 FACU FACU UPL Yes 5 70 Taraxacum officinale Bromus tectorum 75 UPL FACU 1m 1m 105 500 400 100 0 0 0 4.76 WestWater Engineering 70 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 CoRv Nor 0-18 10YR 4/2 100 silty loam WestWater Engineering 71 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli Phase II Pipeline CO River- North Garfield 08-30-2011 William Bargath CoRvr N-Wet WWE; BFF, VG T6S R94W Sec. 33 floodplain none <2% CO D - Interior Deserts 39.48808802 N -107.8839623 W WGS84 Nihill channery loam, 6-25% slopes NA 3 4 75.0 145 20 10 Acer negundo 10 Yes FAC 10 Salix exigua Yes80 80 FACW Yes Yes 5 20 60 Equisetum hyemale Agropyron intermedium Phalaris arundinacea 85 FACW FACU FACW 1m 1m 175 400 0 80 30 290 0 2.29 5m WestWater Engineering 72 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 CoRvr N- 0-14 10YR 3/2 80 7.5YR 5/8 20 RM RC sandy Rock 14" WestWater Engineering 73 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli Phase II Pipeline- Gant Gulch Garfield County 09-29-2011 William Bargath GantGulchUP WWE; LM, JF T7S R93W Sec. 24 terrace convex 15% CO D - Interior Deserts 39.43409039 N -107.7309124 W WGS84 Nihill channery loam, 1-6% slopes NA 0 6 0.0 30 110 10 Symphoricarpos albus Yes Yes Yes 10 20 20 50 Salix planifolia Sarcobatus vermiculatus Artemisia tridentata 100 FACU UPL FACU OBL Yes Yes Yes5 5 40 Bromus tectorum Machaeranthera canescens Poa pratensis 50 FACU UPL UPL 15 1m 1m 150 600 150 440 0 0 10 4.00 WestWater Engineering 74 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 GantGulc 0-12 10YR 4/6 100 Clay loam ~2% white nodulesClay loam9810YR 4/6 12-18 ~5% white nodulesClay loam9510YR 4/618-24 White nodules are likely to be calcium carbonate deposits WestWater Engineering 75 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli Phase II Pipeline- Gant Gulch Garfield County 09-29-11 William Bargath GantGulchWet WWE; LM, JF T7S R93W Sec. 24 drainage gulch none <2% CO D - Interior Deserts 39.43412297 N -107.7309367 W WGS84 Nihill channery loam, 1-6% slopes PEMC 6 6 100.0 20 30 45 Salix exigua Yes10 10 FACW Yes Yes Yes Yes Yes10 10 10 20 30 Agrostis gigantea Hordeum jubatum Schoenoplectus acutus Equisetum arvense Carex utriculata 5Carex nebrascensis 85 OBL FAC OBL FAC FACW OBL 15 1m 1m 95 175 0 0 90 40 45 1.84 WestWater Engineering 76 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 GantGulc 0-6 10YR 3/2 50 3/10Y 50 RM M silty clay loam +1" +1" surface WestWater Engineering 77 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli PhaseII Pipeline - East Mamm Creek Garfield 08-22-2011 William Bargath E.MammCkUP WWE; BFF, PMG T7S R92W Sec. 8 draw none <2% CO D - Interior Deserts 39.45481095 N -107.6820061 W WGS84 Torrifluvents, nearly level NA 0 4 0.0 15 70 Ericameria nauseosa Yes Yes Yes15 20 30 Artemesia tridentata Tamarix ramosissima 65 FACU FACU UPL Yes20Pascopyrum smithii 20 FACU 1m 1m 85 355 75 280 0 0 0 4.18 WestWater Engineering 78 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 E.MammC 0-18 10YR 4/3 100 loam WestWater Engineering 79 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli Phase II Pipeline -East Mamm Creek Garfield 08-22-2011 William Bargath E.MamCkWET WWE; BFF, PMG T7S R92W Sec. 8 draw none <2% CO D - Interior Deserts 39.45479565 N -107.6820339 W WGS 84 Torrifluvents, nearly level NA 3 4 75.0 90 20 10 30 Salix exigua Yes 10 60 Tamarix ramosissima 70 FACW FACW Yes Yes Yes 10 20 20 30 Distichlis spicata Lactuca serriola Phalaris arundinacea Eleocharis palustris 80 OBL FACW FACU FAC 1m 1m 150 320 0 80 30 180 30 2.13 WestWater Engineering 80 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 E.MamCk 0-3 10YR 5/3 100 sandy gravel clayM RM 504/10 GY5010YR 5/33-6 0" 0" Narrow fringe wetland, no floodplain, entrenched about 4 ft., west side of creek 125% grade, east side 4 ft shelf WestWater Engineering 81 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli Phase II Pipeline CO River- South Garfield 08-30-2011 William Bargath CoRvr-S-UP WWE: BFF, VG T6S R94W Sec. 33 terrace none <2% CO D - Interior Deserts 39.4865584 N -107.884021 W WGS84 Wann sandy loam, 1-3% slopes R3USA 0 1 0.0 85 10 Yes 5 10 10 70 Ambrosia artemisiifolia Kochia scoparia Distichlis spicata Agropyron intermedium 95 FACU FAC FACU FACU 1m 4 feet above Colorado River on terrace 95 370 0 340 30 0 0 3.89 WestWater Engineering 82 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 CoRvr-S- 0-2 10YR 2/2 100 loam bottom 3" contained oxidationloamRCRM 57.5YR 5/89510YR 5/42-20 WestWater Engineering 83 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli Phase II Pipeline CO River- South Garfield 08-30-2011 Williams Bargath - Youberg Ranch CoRvr-S-WET WWE; BFF, VG T6S R94W Sec. 33 floodplain none <2% CO D - Interior Deserts 39.4865984 N -107.8840732 W WGS84 Water R3USA 3 3 100.0 120 Salix exigua Yes30 30 FACW Yes Yes20 70 Asclepias speciosa Phalaris arundinacea 90 FACW FACW 1m 1m Eroded banks small shelf, approximately 2 feet above water level 120 240 0 0 0 240 0 2.00 WestWater Engineering 84 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 CoRvr-S- 0-8 10YR 3/4 40 7.5YR 5/8 60 RM RC sand WestWater Engineering 85 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli Phase II Pipeline West Mamm Creek Garfield 08-26-2011 William Bargath WMammCkUP WWE; BFF, VG T7S R93W Sec. 24 draw none <2% CO D - Interior Deserts 39.4376695 N -107.7277153 W WGS84 Nihill channery loam, 1-6% slopes NA 1 4 25.0 15 125 55 Populus angustifolia 15 Yes FACW 15 Rhus trilobata Yes 5 5 15 60 Amelanchier utahensis Artemisia tridentata Sarcobatus vermiculatus 5Ericameria nauseosa 90 UPL FACU UPL UPL FACU Yes Yes 10 15 15 20 25 Bromus inermis Solidago canadensis Melilotus officinalis Elymus cinereus Machaeranthera canescens 5Dactylis glomerata 90 UPL UPL FACU FACU UPL FACU 1m 1m 195 875 625 220 0 30 0 4.49 5m WestWater Engineering 86 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 WMamm 0-18 10YR 3/3 100 loam WestWater Engineering 87 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli PhaseII Pipeline West Mamm Creek Garfield 08-26-2011 William Bargath WMamCkWET WWE; BFF, VG T7S R93W Sec. 24 floodplain none <2% CO D - Interior Deserts 39.43769682 N -107.7277491 W WGS84 Nihill channery loam, 1-6% slopes NA 4 7 57.1 40 35 30 50 5 Rhus trilobata Yes Yes Yes 5 10 15 25 Amelanchier utahensis Rosa woodsii Populus fremontii 55 UPL FACW FAC UPL Yes Yes Yes 5 10 15 15 40 Bromus inermis Juncus balticus Solidago canadensis Agrostis gigantea Equisetum arvense 5Typha latifolia 90 FAC FACW FACU FACW UPL OBL 1m Yes15Clematis ligusticifolia 15 FACU 1m 1m 160 530 175 120 150 80 5 3.31 WestWater Engineering 88 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 WMamCk 0-8 10YR 5/3 30 7.5YR 5/8 30 C M sandy clay loam RM 205/10 GY 0" Ordinary high water 15' x 12" ; entrenched steep bank, fringe vegetation due to 18" capillary rise WestWater Engineering 89 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli Phase II Pipeline -Spruce Creek Garfield 10-25-11 William Bargath SpruceCkUP WWE; BFF, JW T7S R94W Sec. 4 draw convex 10% CO D - Interior Deserts 39.46511412 N -107.8926331 W WGS84 Potts loam, 6-12% slopes NA 0 8 0.0 180 80 Quercus gambelii 50 Yes FACU Pinus edulis Yes30 Juniperus osteosperma 20 100 UPL UPL Mahonia repens Yes 10 10 15 70 Juniperus osteosperma Symphoricarpos albus Artemisia tridentata 105 UPL UPL FACU UPL Yes Yes Yes Yes Yes10 10 10 10 15 Solidago canadensis Agropyron intermedium Bromus tectorum Achnatherum hymenoides Elymus elymoides 55 UPL UPL UPL FACU FACU 1m 1m 260 1220 900 320 0 0 0 4.69 5m WestWater Engineering 90 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 SpruceCk 0-8 10YR 3/1 95 silt loam loam8510YR 4/28-16 loam8510YR 3/216-24 Stream is likely augmented by irrigation. WestWater Engineering 91 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli Phase II Pipeline- Spruce Creek Garfield 10-25-11 William Bargath SpruceCkWet WWE; BFF, JW T7S R94W Sec. 4 draw none 5% CO D - Interior Deserts 39.4651196 N -107.8926481 W WGS84 Potts loam, 6-12% slopes NA 3 5 60.0 30 25 40 45 Quercus gambelii 30 Yes FACU Juniperus osteosperma Yes20 50 UPL Yes Yes Yes 5 5 15 15 45 Melilotus officinalis Machaeranthera canescens Agrostis gigantea Juncus balticus Carex microptera 5Dactylis glomerata 90 FAC FACW FACW UPL FACU FACU 1m 140 480 125 160 135 60 0 3.43 5m WestWater Engineering 92 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 SpruceCk 0-3 10YR 3/2 80 7.5YR 5/8 10 C PL silt loam silt loam1010YR 4/2 fine sandy loam at bottomsilt loamRCC 207.5YR 5/88010YR 4/23-16 0" One foot away from flowing stream. Still flowing due to possible augmentation by irrigation or due to wet year. Water approximately 8-14" wide by 3-4" deep. WestWater Engineering 93 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli Phase II- Gant Gulch Tributary Garfield 09-29-2011 William Bargath SeepUP WWE; LM, JF T7S R93W Sec. 24 terrace convex 15% CO D - Interior Deserts 39.43470189 N -107.7327729 W WGS84 Nihill channery loam, 1-6% slopes NA 0 6 0.0 40 45 Artemisia tridentata Yes Yes20 40 Sarcobatus vermiculatus 60 UPL FACU Yes Yes Yes Yes5 5 5 10 Lepidium alyssoides Poa pratensis Agropyron cristatum Pascopyrum smithii 25 FACU FACU FACU FACU 40 5m 1m 85 380 200 180 0 0 0 4.47 WestWater Engineering 94 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 SeepUP 0-12 10YR 3/6 100 clay loam ~5% white nodulesclay loam9510YR 3/612-24 White nodules are likely to be calcium carbonate deposits WestWater Engineering 95 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli Phase II- Gant Gulch Tributary Garfield 09-29-2011 William Bargath SeepWet WWE; LM, JF T7S R93W Sec. 24 gulch concave 5% CO D - Interior Deserts 39.4347362 N -107.7327156 W WGS84 Nihill channery loam, 1-6% slopes NA 2 2 100.0 35 5 10 70 Yes Yes 5 10 10 30 60 Lactuca serriola Typha latifolia Hordeum jubatum Juncus balticus Carex utriculata 5Polypogon monspeliensis 120 OBL FACW FAC OBL FACU FACW 1m 120 190 0 20 30 70 70 1.58 WestWater Engineering 96 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 SeepWet 0-6 10YR 4/2 30 7.5YR 5/8 10 RM RC Clay loam Clay loamM RM 602.5/5 G -6" WestWater Engineering 97 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli PhaseII Pipeline Middle Mamm Creek Garfield 08-22-2011 William Bargath M.MammCkUP WWE; BFF, PMG T7S R92W Sec. 17 draw convex 70% CO D - Interior Deserts 39.45357528 N -107.6897659 W WGS84 Torrifluvents, nearly level NA 0 4 0.0 80 40 Artemisia tridentata Yes Yes25 40 Ericameria nauseosa 65 UPL FACU Yes Yes15 40Bromus tectorum 55 UPL FACU 30 1m 1m 120 560 400 160 0 0 0 4.67 WestWater Engineering 98 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 M.Mamm 0-16 10YR 4/3 100 silt shale 3" WestWater Engineering 99 of 113 November 2011 US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: City/County: Sampling Date: Applicant/Owner: State: Sampling Point: Investigator(s): Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Wetland Hydrology Present? Yes No Is the Sampled Area within a Wetland? Yes No Remarks: VEGETATION Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Prevalence Index is 3.0 1 Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present. Absolute Dominant Indicator Tree Stratum % Cover Species? Status 1. 2. 3. 4. Sapling/Shrub Stratum 1. 2. 3. 4. 5. Total Cover: Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. Total Cover: Woody Vine Stratum 1. 2. Total Cover: % Bare Ground in Herb Stratum % Cover of Biotic Crust Hydrophytic Vegetation Present? Yes No Remarks: Dominance Test is >50% % % % % Plot Size % % % Plot Size Plot Size Plot Size Kokopelli PhaseII Pipeline Middle Mamm Creek Garfield 08-22-2011 William Bargath M.MamCkWET WWE; BFF, PMG T7S R92W Sec. 17 draw none <5% CO D - Interior Deserts 39.453555 N -107.689693 W WGS 84 Torrifluvents, nearly level NA 5 5 100.0 80 10 10 30 Salix exigua Yes Yes10 10 Tamarix ramosissima 20 FACW FACW Yes Yes Yes 10 10 20 20 30 Machaeranthera canescens Agrostis gigantea Deschampsia cespitosa Juncus balticus Scirpus pungens 10 10 Lactuca serriola Alopecurus pratensis 110 OBL FACW FACW FACW UPL FACW FACU 1m 1m 130 280 50 40 0 160 30 2.15 WestWater Engineering 100 of 113 November 2011 Arid West - Version 11-1-2006 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Loc 2 Texture Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix. 2Location: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils4: Histosol (A1) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) Stripped Matrix (S6) 2 cm Muck (A10) (LRR B) Black Histic (A3) Loamy Mucky Mineral (F1) Reduced Vertic (F18) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (A12) Redox Depressions (F8) Sandy Mucky Mineral (S1) Vernal Pools (F9) 4Indicators of hydrophytic vegetation and Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) Water Marks (B1) (Riverine) Surface Water (A1) Salt Crust (B11) Sediment Deposits (B2) (Riverine) High Water Table (A2) Biotic Crust (B12) Drift Deposits (B3) (Riverine) Saturation (A3) Aquatic Invertebrates (B13) Drainage Patterns (B10) Water Marks (B1) (Nonriverine) Hydrogen Sulfide Odor (C1) Dry-Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) Thin Muck Surface (C7) Drift Deposits (B3) (Nonriverine) Presence of Reduced Iron (C4) Crayfish Burrows (C8) Surface Soil Cracks (B6) Recent Iron Reduction in Plowed Soils (C6) Saturation Visible on Aerial Imagery (C9) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Shallow Aquitard (D3) Water-Stained Leaves (B9) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Wetland Hydrology Present? Yes No Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Soil Textures: Clay, Silty Clay, Sandy Clay, Loam, Sandy Clay Loam, Sandy Loam, Clay Loam, Silty Clay Loam, Silt Loam, Silt, Loamy Sand, Sand. 3 3 M.MamC 0-4 10YR 4/3 80 7.5YR 5/8 20 C M sandy gravel sandy clayRCRM 207.5YR 5/86010YR 4/34-7 gleyM205/10 Y 8" 0" Stream entrenched approximately 3 feet WestWater Engineering 101 of 113 November 2011 APPENDIX C CROSSING SUMMARY AND DRAWINGS WestWater Engineering 102 of 113 November 2011 Rev A – 08/23/11 - LGB ______________________________________________________________________ Stream Crossing Methods Summary Page 1 D. R. Griffin & Associates, Inc. Kokopelli Phase II Pipeline Project Job #18108 Rock Springs, Wyoming Bargath LLC (307) 362-5028 Stream Crossing Methods Summary Kokopelli Phase II Pipeline Project Garfield County, Colorado Bargath LLC Prepared by Larry G. Bodyfelt, PELS Engineering Manager D. R. Griffin & Associates, Inc. Rock Springs, Wyoming Stream Name: East Mamm Creek Location: 39º-27’-17.2853” North 107º-40’-55.4525” NAD83/WGS84 Legal: SE ¼ of SE ¼ of Section 8, T7S R92W Site Description: A perennial stream of approximate 40 feet bank to bank width and flowing surface of 10 feet width or less at time of observation. The elevation difference from top of bank to stream bottom varies from about 8 feet to 13 feet on the crossing line. The stream is located in a sunken valley area that spans about 1,100 feet from mesa edge to mesa edge. The stream is about 120 feet lower in elevation than the adjoining mesa areas. The incline approach and departure gradients from the mesa edge to the stream and back out to the opposite mesa edge are about -25% and +29%, respectively. The valleys sides are further characterized with sedimentary rock layers of significant depth and steepness with some areas being cliff like having near vertical faces. Recommended Crossing Method: A cut and cover crossing method of pipeline installation employing temporarily flumed flow (culvert pipe installation) of the perennial stream channel is proposed at this location. The length of stream channel affected by installation of flumes for pipeline installation, temporary equipment passage and work required to trench, install and backfill the pipeline shall not exceed 50 feet. Rejected Crossing Method: A conventional horizontal bore line pipe installation is not practical for this site. Conditions preventing this method are the significant depth from the stream bed to the adjoining top of banks, steep gradients approaching and departing the stream channel and a likely high water table present in the crossing area. Should a horizontal bore be attempted, the depth and extent of a bore excavation and dewatering effort required would be significantly more damaging to crossing site and adjoining areas than that which will result for proposed cut and cover, flumed crossing procedure. Rejected Crossing Method: A horizontal directional drill crossing (HDDC) of line pipe installation is not practical for this site. A serpentine approach and departure geometry has been established for the East Mamm Creek valley crossing. This has been dictated partly by terrain features but mostly by landowners to keep the pipeline off agricultural and other valuable lands. In addition to the above, the mid-valley alignment has an approximate 32º deflection point present. This sharp bend prohibits a HDDC installation. Multiple layers of WestWater Engineering 103 of 113 November 2011 Rev A – 08/23/11 - LGB ______________________________________________________________________ Stream Crossing Methods Summary Page 2 D. R. Griffin & Associates, Inc. Kokopelli Phase II Pipeline Project Job #18108 Rock Springs, Wyoming Bargath LLC (307) 362-5028 sedimentary rock and other soil types are present in the East Mamm Creek valley crossing area. Without a general area and specific site geologic and geotechnical investigation of some extent, success probability of a HDDC undertaking is unknown and doubtful. Stream Name: Middle Mamm Creek Location: 39º-27’-12.9245” North 107º-41’-25.8413” NAD83/WGS84 Legal: NW ¼ of NE ¼ of Section 17, T7S R92W Site Description: A perennial stream of approximate 10 to 20 feet bank to bank width and flowing surface of 5 feet width or less at time of observation. The elevation difference from top of bank to stream bottom varies from about 1 to 3 feet on the crossing line. The stream is located in a minor valley area that spans about 700 feet from top of slope to top of slope. The stream is about 100 to 110 feet lower in elevation than the adjoining areas. The incline approach and departure gradients from the top of valley to bottom back out to the opposite top of valley are about -44% and +35%, respectively. Recommended Crossing Method: A cut and cover crossing method of pipeline installation employing temporarily flumed flow (culvert pipe installation) of the perennial stream channel is proposed at this location. The length of stream channel affected by installation of flumes for pipeline installation, temporary equipment passage and work required to trench, install and backfill the pipeline shall not exceed 50 feet. Rejected Crossing Method: A conventional horizontal bore line pipe installation is not practical for this site. Other than for the steep approaches of the pipeline right-of-way, no access for bore equipment is present at this site. Development of alternate access along the valley floor would result in significant disturbance to a riparian area. There is likely high water table present in the crossing area. Should a horizontal bore be attempted, the depth and extent of a bore excavation and dewatering effort required would be significantly more damaging to crossing site and adjoining areas than that which will result for proposed cut and cover, flumed crossing procedure. Rejected Crossing Method: A horizontal directional drill crossing (HDDC) of line pipe installation is not practical for this site. A serpentine approach and departure geometry has been established for the Middle Mamm Creek valley crossing. Such alignment angularity prevents HDDC pipe installation. This has been dictated partly by terrain features but mostly by landowners to keep the pipeline off agricultural and other valuable lands. The geologic conditions along a prospective HDDC path are not known. Without a general area and specific site geologic and geotechnical investigation of some extent, success probability of a HDDC undertaking is unknown and doubtful. Stream Name: West Mamm Creek #1 Location: 39º-26’-14.3996” North 107º-43’-37.2609” NAD83/WGS84 Legal: NE ¼ of NW ¼ of Section 24, T7S R93W WestWater Engineering 104 of 113 November 2011 Rev A – 08/23/11 - LGB ______________________________________________________________________ Stream Crossing Methods Summary Page 3 D. R. Griffin & Associates, Inc. Kokopelli Phase II Pipeline Project Job #18108 Rock Springs, Wyoming Bargath LLC (307) 362-5028 Site Description: A perennial stream of approximate 80 to 90 feet top of bank to top of bank width and an approximate 20 to 40 feet toe of bank to toe of bank width. The elevation difference from top of bank to toe of bank is about 35 feet on the crossing line. The banks of the stream contain silty cohesive soils and hold a very steep slope and sometimes a near vertical repose angle. For this crossing, the channel bank slopes for the approach and departure are -123% and +94%, respectively. In pipeline construction terminology, this type of stream location is classified typically as a large incised channel. Recommended Crossing Method: For the actual wetted stream area, a cut and cover crossing method of pipeline installation employing temporarily flumed flow (culvert pipe installation) of the perennial stream channel is proposed at this location. The length of stream channel affected by installation of flumes for pipeline installation, temporary equipment passage and work required to trench, install and backfill the pipeline shall not exceed 50 feet. To access the stream bed itself, long excavated ramps are to be cut on either side of the crossing starting at the inside edge of bank line and running back at an approximate 1 vertical to 3 horizontal slope until it intersects natural ground behind. The width of the excavated ramp is not to exceed 50 feet. Material excavated to form the ramps is be hauled up the ramps as it is being developed and stockpiled on parallel or nearby adjacent ground. Upon completion of pipe crossing installation, the ramp area will be backfilled using controlled compaction methods to as near original shape and contour as possible. Final slopes facing the stream channel will likely be at a grade of 1 vertical to 1 ½ horizontal. River bottom and low bank rip-rap armoring will be installed for hydraulic protection as needed. The final steep earth slope surfaces will be protected with erosion matting and reseeded as required. Rejected Crossing Method: A conventional horizontal bore line pipe installation is not practical for this site. Unless extreme bank excavation is undertaken, the excessive depth to width ratio associated with incised channel crossings entirely prevent the practical use of conventional bore line pipe installation. Rejected Crossing Method: A horizontal directional drill crossing (HDDC) of line pipe installation is not practical for this site. A serpentine approach and departure geometry has been established for the West Mamm Creek #1 crossing. Such alignment angularity prevents HDDC pipe installation. This has been dictated partly by terrain features but mostly by landowners to keep the pipeline off agricultural and other valuable lands. The geologic conditions along a prospective HDDC path are not known. Without a general area and specific site geologic and geotechnical investigation of some extent, success probability of a HDDC undertaking is unknown and doubtful. Stream Name: West Mamm Creek #2 Location: 39º-26’-15.6385” North 107º-43’-39.7354” NAD83/WGS84 Legal: NE ¼ of NW ¼ of Section 24, T7S R93W Site Description: A perennial stream of approximate 70 to 80 feet top of bank to top of bank width and an approximate 10 to 20 feet toe of bank to toe of bank WestWater Engineering 105 of 113 November 2011 Rev A – 08/23/11 - LGB ______________________________________________________________________ Stream Crossing Methods Summary Page 4 D. R. Griffin & Associates, Inc. Kokopelli Phase II Pipeline Project Job #18108 Rock Springs, Wyoming Bargath LLC (307) 362-5028 width. The elevation difference from top of bank to toe of bank is about 16 feet on the crossing line. The banks of the stream contain silty cohesive soils and hold a very steep slope and sometimes a near vertical repose angle. For this crossing, the channel bank slopes for the approach and departure are -60% and +64%, respectively. In pipeline construction terminology, this type of stream location is classified typically as a small incised channel. Recommended Crossing Method: For the actual wetted stream area, a cut and cover crossing method of pipeline installation employing temporarily flumed flow (culvert pipe installation) of the perennial stream channel is proposed at this location. The length of stream channel affected by installation of flumes for pipeline installation, temporary equipment passage and work required to trench, install and backfill the pipeline shall not exceed 50 feet. To access the stream bed itself, long excavated ramps are to be cut on either side of the crossing starting at the inside edge of bank line and running back at an approximate 1 vertical to 3 horizontal slope until it intersects natural ground behind. The width of the excavated ramp is not to exceed 50 feet. Material excavated to form the ramps is be hauled up the ramps as it is being developed and stockpiled on parallel or nearby adjacent ground. Upon completion of pipe crossing installation, the ramp area will be backfilled using controlled compaction methods to as near original shape and contour as possible. Final slopes facing the stream channel will likely be at a grade of 1 vertical to 1 ½ horizontal. River bottom and low bank rip-rap armoring will be installed for hydraulic protection as needed. The final steep earth slope surfaces will be protected with erosion matting and reseeded as required. Rejected Crossing Method: A conventional horizontal bore line pipe installation is not practical for this site. Unless extreme bank excavation is undertaken, the excessive depth to width ratio associated with incised channel crossings entirely prevent the practical use of conventional bore line pipe installation. Rejected Crossing Method: A horizontal directional drill crossing (HDDC) of line pipe installation is not practical for this site. A serpentine approach and departure geometry has been established for the West Mamm Creek #2 crossing. Such alignment angularity prevents HDDC pipe installation. This has been dictated partly by terrain features but mostly by landowners to keep the pipeline off agricultural and other valuable lands. The geologic conditions along a prospective HDDC path are not known. Without a general area and specific site geologic and geotechnical investigation of some extent, success probability of a HDDC undertaking is unknown and doubtful. Stream Name: Beaver Creek Location: 39º-27’-23.4822” North 107º-51’-26.4596” NAD83/WGS84 Legal: NW ¼ of NE ¼ of Section 12, T7S R94 W Site Description: A perennial stream of approximate 50 to 60 feet top of bank to top of bank width and an approximate 10 to 40 feet toe of bank to toe of bank width. The elevation difference from top of bank to toe of bank is about 2 to 5 WestWater Engineering 106 of 113 November 2011 Rev A – 08/23/11 - LGB ______________________________________________________________________ Stream Crossing Methods Summary Page 5 D. R. Griffin & Associates, Inc. Kokopelli Phase II Pipeline Project Job #18108 Rock Springs, Wyoming Bargath LLC (307) 362-5028 feet on the crossing line. For this crossing, the slopes for the approach and departure are -49% and +15%, respectively. Recommended Crossing Method: A cut and cover crossing method of pipeline installation employing temporarily flumed flow (culvert pipe installation) of the perennial stream channel is proposed at this location. The length of stream channel affected by installation of flumes for pipeline installation, temporary equipment passage and work required to trench, install and backfill the pipeline shall not exceed 50 feet. Rejected Crossing Method: A conventional horizontal bore line pipe installation is not practical for this site. The steep approach and departure terrain slopes at this crossing discourage and prevent the use of horizontal bore equipment. There is likely high water table present in the crossing area. Should a horizontal bore be attempted, the depth and extent of a bore excavation and dewatering effort required would be significantly more damaging to crossing site and adjoining areas than that which will result for proposed cut and cover, flumed crossing procedure. Rejected Crossing Method: A horizontal directional drill crossing (HDDC) of line pipe installation is not practical for this site. A serpentine approach and departure geometry has been established for the Beaver Creek crossings area. Such alignment angularity prevents HDDC pipe installation. This has been mostly dictated terrain features but also by other existing utilities present in the area. The geologic conditions along a prospective HDDC path are not known. Without a general area and specific site geologic and geotechnical investigation of some extent, success probability of a HDDC undertaking is unknown and doubtful. Stream Name: Porcupine Creek Location: 39º-27’-23.4822” North 107º-51’-26.4596” NAD83/WGS84 Legal: SE ¼ of NW ¼ of Section 11, T7S R94 W Site Description: A perennial stream of approximate 175 top of bank to top of bank width and an approximate 100 feet toe of bank to toe of bank width. The elevation difference from top of bank to toe of bank is about 5 feet on the crossing line. For this crossing, the slopes for the approach and departure are -- 20% and +20%, respectively. Recommended Crossing Method: A cut and cover crossing method of pipeline installation employing temporarily flumed flow (culvert pipe installation) of the perennial stream channel is proposed at this location. The length of stream channel affected by installation of flumes for pipeline installation, temporary equipment passage and work required to trench, install and backfill the pipeline shall not exceed 50 feet. Rejected Crossing Method: A conventional horizontal bore line pipe installation is not practical for this site. The steep approach and departure terrain slopes at this crossing discourage and prevent the use of horizontal bore equipment. There is likely high water table present in the crossing area. Should a horizontal bore be attempted, the depth and extent of a bore excavation and dewatering WestWater Engineering 107 of 113 November 2011 Rev A – 08/23/11 - LGB ______________________________________________________________________ Stream Crossing Methods Summary Page 6 D. R. Griffin & Associates, Inc. Kokopelli Phase II Pipeline Project Job #18108 Rock Springs, Wyoming Bargath LLC (307) 362-5028 effort required would be significantly more damaging to crossing site and adjoining areas than that which will result for proposed cut and cover, flumed crossing procedure. Rejected Crossing Method: A horizontal directional drill crossing (HDDC) of line pipe installation is not practical for this site. A serpentine approach and departure geometry has been established for the Beaver Creek crossings area. Such alignment angularity prevents HDDC pipe installation. This has been mostly dictated terrain features but also by other existing utilities present in the area. The geologic conditions along a prospective HDDC path are not known. Without a general area and specific site geologic and geotechnical investigation of some extent, success probability of a HDDC undertaking is unknown and doubtful. Stream Name: Spruce Creek Location: 39º-28’-02.2964” North 107º-53’-22.1600” NAD83/WGS84 Legal: SW ¼ of NE ¼ of Section 4, T7S R94 W Site Description: This stream is believed at this time to be ephemeral and intermittent. Site inspection by qualified hydrologist and supplement survey information are required to further define and characterize this stream. Recommended Crossing Method: Provided the stream is determined to be other than ephemeral and intermittent, an open cut and cover crossing method of pipeline installation without use of a flume is proposed. Rejected Crossing Method: A conventional horizontal bore line pipe installation is not applicable for this crossing situation. Rejected Crossing Method: A horizontal directional drill crossing (HDDC) of line pipe installation is is not applicable for this crossing situation. Stream Name: Colorado River Location: 39º-29’-14.0534” North 107º-53’-02.3755” NAD83/WGS84 Legal: NE ¼ of NE ¼ of Section 33, T6S R94 W Site Description: A major perennial river with a flowing water width of 250 to 390 feet at the time of inspection. The Colorado River is located in a sunken valley with an edge of mesa to edge of mesa width of 950 to 1,330 feet. The elevation difference for the top of mesa to river water surface varies from 115 to 150 feet. Recommended Crossing Method: A horizontal directional drill crossing for line pipe installation is proposed for this crossing. The drill entry point will be from the mesa area on the approach or south side of the crossing. The exit point will be on the mesa area on the departure or north side of the crossing. Contingency Crossing Method: In the event of a failed or impossible horizontal directional drill crossing at this location, a conventional major stream flowing water body cut and cover crossing procedure with be submitted for permit and attempted if approved. Historically, an open cut crossing of a river with the site conditions present would have been the preferred, accepted and executed crossing method. The current regulatory and permitting authorities generally WestWater Engineering 108 of 113 November 2011 Rev A – 08/23/11 - LGB ______________________________________________________________________ Stream Crossing Methods Summary Page 7 D. R. Griffin & Associates, Inc. Kokopelli Phase II Pipeline Project Job #18108 Rock Springs, Wyoming Bargath LLC (307) 362-5028 totally disallow open cut crossings of all major streams and require HDDC methods as the first alternative and preferred method. Rejected Crossing Method: A conventional horizontal bore line pipe installation is not applicable for this crossing situation. WestWater Engineering 109 of 113 November 2011 We s t W a t e r E n g i n e e r i n g 11 0 o f 1 1 3 November 2011 - H A R D I PL U G PL A N VI E W N. T . S . PI P E 't ' . £ l . . D E D , CO A l E D AN D WE I G H T E D (I F NE C E S S A R Y ) PR I O R TO IN - S l ' R E A M EX C A V A t i O N '· • • • BA N < . RE F U E L ST A T I O N A R Y EQ U I P M E N T AS PE R S1 R E A M • • '· • • Wi.,. ~ '' " a m s . ~ 14 1 4 EL K ST . , SU I T E 20 2 RO C K SP R I N G S , WY 82 9 0 1 (3 0 7 ) 36 2 - 5 0 2 8 NO J E S : FL M PL A N VJ E W N. T . S . TY P I C A L OP E N C V T CR O S S I N G - FL U M E ME T H O D SP I D L SI D E AN D WO R K I N G SI D E O f CR D S S D I G HA Y I E RE V E R S E D DE P E N D I N : ; UP Pl P E L I N E CR E W W! I R I C I N G DI R E C T m N , 1. TH I S II I E T H O O AP P U E S TO SW A L E S AN D IN C I S E D DR A I N A G E S WIT H NO PE R C E P 1 1 B L E FL O W OR AD J A C E N T 'I I I E T L A N D S AT Ti l l i E OF CR O S S I N G . CL E A R I N G AN D GR A O N G DE P T H S SH A L L BE TH E SA l l i E AS IN O I C A l E D FO R AD J A C E N T UP L A N D UN L E S S OT H E R W I S E DI R E C l E D BY TH E CO I I I P A N Y . .2 . . NO RE F U E U N G a: ! II I A I N T A I N E N C E OF II I O I I I L . E EQ U I P I I I E N T WIT H I N 10 0 ' OF OI A N N E L PL A C E SI G N PO S T S 10 0 ' BA C K FR O I I I DR A I N A G E BO U N D A R Y AN D AD ' ¥ 1 S E NO RE F U E U N G . RE F U E L ST A 1 1 0 N A R Y EQ U I P I I I E N T AS PE R Bl l o l S1 1 P U L A 1 1 0 N S OR OT H E R PR O J E C T EN ' > l R C J I I I I I E N T A L RE Q U I R E M E N T S . 3. SP O I L SH A L L NO T BE ST O C K P I L E D AC R O S S TH E ST R E A I I I a- I A N N E L 4. TH E CO N T R A C T O R SH A L L PR E S E R ' o £ AS lo i . I C H '¥ E G E T A 1 1 0 N AS PO S S I B L E AL O N G ST R E A I I I B A N K S '1 1 1 H I L E AU . 0 ' 1 1 1 1 N G Fa : ! SA F E EQ U I P M E N T OP E R A l l a < l . 5. CO N T R A C T O R SH A L L HA ' o £ SI L T FE N C E AN D ST R A W BA L E SE D I M E N T BA R R I E R MA T E R I A L S RE A D I L Y AV A I L A B L E FO R IN S T A I . . l . A l l O N BE 1 ' 1 1 1 E E N SP O I L ST O C K P I L E S AN D TH E ST R E A I I I CH A N N E L IN TH E EV E N T RA I N F A L L a: ! RU N O F F E' t 9 1 T S to l A Y CA U S E SE D I M E N T Fl D W IN T O TH E OI A N N E L SE D I M E N T BA R R I E R S SH A L l . BE IN S T A U . . E D AS DI R E C l E D BY TH E CO I I I P A N Y . 6. RE S T O R E WA T E R C O U R S E CH A N N E L TO AP P R O X I I I I A l E PR E - C a < I S T R \ J C l l a < l PR O F I L E AN D CO N D I 1 1 0 N WI T H I N 7: z HO U R S O f Ca < I S T R U C l l a < l ST A R T . 7. RE S T O R E ST R E A M BA N K S TO AP P R O X I I I I A l E OR I G I N A L CO N D I 1 1 0 N AN D ST A B I U Z E . I S RE Q U R E D . IN S T A L L PE R N A N E N T ER O S I O N CO N T R O L S AS RE Q U I R E D . r RI I F F I I N & AS S O C I A T E S , IN C . 14 1 4 EL K ST . , SU I T E 20 2 RO C K SP R I N G S , WY 82 9 0 1 (3 0 7 ) 36 2 - 5 0 2 8 SC D TY P I C A L OP E N - C U T CR O S S I N G NO N - F L O W I N G ST R E A M ME T H O D £ TO P a' " OR I G I N A L Sl . 1 l i ' E ~ NI S H E D I U I ' E 7 ' ~ - " ' TO P OF OR I G I N A L SL a > E _. . . . . . . . . - - ': - ~· PL A N VI E W N. T . S . v " - FI N I 9 1 E D 9. . 1 1 ' ' _; PR O P O S E D PP E I . J N E 1. . 5 : 1 NA X . SL O P E FN S I - E i l GR A D E a: Sl l E SL O P E S (B O T H SD E S ) = I M 7 F T lo l t l 20 F T . NI N . ~ ~ = Of S. . O P E (B O T H SI D E S ) PR O F I L E VI E W N. T . S . 1. TH I S ME T H O D AP P U E S TO IN C I S E D C H - E I . . S GR E A l E R TH A N 15 FE E T DE E P AN D WH E N DI R E C T E D BY CO N P A N Y . 2. BA N K S TO BE RE S T O R E D AT A 1. 5 < 1 lo i A X I N U i o l SL O P E AF T E R CO M P I . . E 1 1 a < l OF CO N S T R U C l l a < l . 3. WH E N RE Q U R E D BY TH E l. A N O O ' I I 1 N E R CR PE R I I I I T T I N G AG E N C Y , FE N C E SH A L l . BE IN S T A U . . E D AC R O S S C1 J T AN D RE S T O R E D R. O . W . TO CO N T R a . . . CA n t . E t. C C E S S . 4. WH E N SH O I I I N ON PI P E U N E AU G N I I I E N T MA P S OR a: I O E R E D BY CO M P A N Y , IN S T A L l . ST R E A M BA N K S. . O P E MA T T I N G a< ! fr . I I S H E D SI . . D P E S . 14 1 4 E l K ST . , SU I T E 20 2 RO C K SP R I N G S , WY 82 9 0 1 {3 0 7 ) 38 2 - 5 0 2 8 LI C "" " " " " ' PI P E U N E RR M SA G t. N l ~E S T <M R E E N D S BY CO L D FI E L D BE N O I N Q ME T H O D S UN . . E S S RR G E D FI T T I N G OR IN l U C l l O N EE N D IN T f i i . L \ T I O N IS IN l i C A l E D ON PI P E U N E AU O N M E N T NA P S (T Y P I C . t . L BO T H SI D E S ) • TY P I C A L LA R G E IN C I S E O CH A N N E L S L TO P OF OR I G N A I . . S. . O P E FI N I S H E D SL O P E ~ / TO P OF OR I O t i A L SI . . O P E _ _ . . . . . . . . . . . . -. . . . . . . 15 FT . lo l t l . FR O N TO P ~ ~ · (B O T H SI D E S ) = '" : _ o r - ~· PL A N VI E W N. T . S . 'M O T H VA R I E S "' " " "r o " " 7 F T MI N pR O F I L E \1 E W N. T. S . v "' " " " ' PI P E U N E ' FI N I S H E D SL O P E _ I , . ., , . . , PI P E U N E 1. ! ! : 1 MA X . S. . O P E FI N I S H E D GR A D E & SI D E SI . . O P E S (B O T H SI D E S ) FO R N St G .t . N O CR E S T OV E R l E N D S IJ ' 1 ' CO L D FE L D BE N D I N G II I E I H O O S UN L E S S FO R G E D FI T T 1 N G S M E IN D I C A T E D ON PI P E I J N E AL I G N M E N T SH E E r S {T Y P I C A l . EK J T H SI D E S ) . 1. lH S ME T H O D t. P P U E S TO IN C I S E D CH A N N E L S Of 15 FE E T a: ! LE S S DE P T H OR WH E N DI R E C T E D BY CO M P A N Y . 2. BA N K S TO BE RE S T O R E D AT A 1. 5 : 1 II I A X I I I I U M SL O P E fi F 1 E R CO I I I P L E T l O N OF CO N S T R U C T l a < l . 3. MI E N RE Q U I R E D BY TH E l. A N D O ' I f i E R CR PE R I I I T T I N G AG E N C Y , FE N C E SH A L L BE IN S T A U . . E D A~ O S S CU T AN > RE S l t R E D R. O . W . TO CO N T R O L CA n t . E AC C E S S . 4. MI E N SH O ' I f l a< ! PI P E U N E AU G N N E N T SI £ E T S OR OR D E R E D BY co t o i ' A N Y , IN S T A L L S1 R E A M BA N K SL O P E II I A T T I N B a< ! FI N I S H E D SL O P E S . Wi.,. ~ ,, . , a m s . ~ 14 1 4 El . l f ST . , SU I T E 20 2 RO C K SP R I N G S , WY 82 9 0 1 (3 0 1 ) 36 2 - 5 0 2 8 TY P I C A L SM A L L IN C I S E O CH A N N E L CR O S S I N G S I C NO J E S : SE D I M E N T BA R R I E R SE D I M E N T BA R R I E R SP O I L PI L E WAlERCOURSE PLAN VJEW N.T.S. 1. TH I S ME T H O D AP P U E S TO ST R E A M AN D RI V E R CR O S S I N G S GR E A l E R THAN 10 FEET WIDE AT THE WATERS EDGE. 2. SC H E D U L E CR O S S I N G DU R I N G LO W FL O W PE R I O D , IF PO S S I B L E • 3. AT l E M P T TO co t . I P L . E T E AL L WA T E R CO U R S E AC 1 1 ' o ' I 1 1 E S WI T H I N 72 HOURS. 4. NO RE F U E U N G Of MO B I L E EQ U I P M E N T WIT H I N 10 0 FE E T OF Sl R E A M BANK. REFUEL STAllONARY EQUIPt.IENT M PER THE Sl R E A M CR O S S I N G AN D WE l l . A N D PR O T E C l l O N PL A N . :! . IN S T A L L TE M P O R A R Y VE I · I I a . . E CR O S S I N G , IF RE Q U I R E D • 6. FO R ST R E A M S LE S S TH A N 10 0 ' WI D E , IN S T R E A M SP O I L S AR E TO BE STIRED OUT OF SlREAM a-IANNEL A loiiNit.IUt.l OF 10 FE E T FR O M TH E TO P OF TH E BA N K . Fa l : ST R E A I I I S AN D RI V E R S GREAlER THAN 100' 'IIIIDE, INSTREAIII SPOIL tolAY BE ST O R E D IN TH E ST R E A I I I CH A N N E L ON TH E DO W N S T R E A M SI D E OF TRENCH. STREAIII SILTA110N TO BE MONITORED AND AD D I 1 1 0 N A L lo i i 1 1 G A 1 1 0 N ME A S U R E S EM P L O Y E D I S DI R E C T E D BY THE CCHPANY. 7. LE A V E HA R D PW G S AT TH E Sl R E A M BA N K ED G E , UN 1 1 L .J J S T PRIOR TO PIPE INSTAI..l.AllON. B. Cl l t . I P L . E T E CO N S 1 R U C 1 1 0 N OF IN - S T R E A M PI P E SE C 1 1 0 N , 'I I I E I G H T PIPE IS NECESSARY PRIOR TO Cllt.IIIIENCEIIIENT OF IN- ST R E A M AC l l ' J I T Y . 9. TR E N C H TH R O U G H WA l E R C O U R S E , IN S T A L l . lE M P O R A R Y (S O F T ) PWGS, IF NECESSARY TO CONTRa.. WAlER FLOW AND TR E N a - 1 SL O U G H I N G . 10 . MA I N T A I N Sl R E A M FL O W TH R O U G H O U T CR O S S I N G CO N S T R U C 1 1 0 N . 11 . CO N S T R U C T SE D i t . I E N T BA R R I E R , {S T R A W BA L E S AN D / O R SI L T FENCE) TO PREVENT SILT LADEN WAlER AND SPOIL FROM FL O ' I I I I N G BA C K IN T O WA l E R C O U R S E . CO N S T R U C l E D SE D I M E N T BARRIERS SHALL EXTEND ALONC THE SIDES OF THE ST O O < F ' I L E S . 12 . LO ' I I I E R - I N PI P E , IN S T A L L TR E N C H PW G AN D BA C K F I L L ll o l t . l E D I A l E L Y . 13 . RE S T O R E WA l E R C O U R S E CH A N N E L TO AP P R O X I I I I A l E PR E - CO N S T R U C 1 1 0 N PROFILE AND SI.JBSTRAlE. 14 . RE S T O R E ST R E A I I I BA N K S TO AP P R O X I M A l E OR I G I N A L CO N D I 1 1 0 N AND STABIUZE, AS REQUIRED. 15 . IN S T A L l . AN D t. I A I N T A I N lE M P O R A R Y ER O S I O N CO N T R O L ST R U C T U R E S ACROSS THE RIGHT-OF-WAY IS REQUIRED DURING AN D Af l E R Sl R E A i o i ~ ' J E R CR O S S I N G . (' t £ H I C L . E AC C E S S CA N REMAIN IN PLACE). 1 8. RE h i O ' Y E VE H i a . . E CR O S S I N G AN D RE S T I R E BA N K DU R I N G RE S T O R A liON. 14 1 4 EL K ST . , SV I T E 20 2 RO C K SP R I N G S , WY 82 9 0 1 (3 0 7 ) 36 2 - 5 0 2 8 R. O . W . BO Y . oc c TYPICAL OPEN CUT CROSSING FLOWING WATERBODYMETHOD R.O.W. BOY. SP O I L SI D E WORKING SIDE NO T E S : 1. FL A G WE T l A N D BO U N D A R I E S PR I O R TO a. E A R I N G . CO N S T R U C T I O N RIGHT OF WAY ,.. PR O F I L E N.T.S. 2. NO RE F U E U N G OF MO B I L E EQ U I P I I I E N T 'M T H I N 10 0 FE E T OF WE T L A N D . PLACE SIGN POSTS 100 FEET BACK FROiol 111E1LAND BO U N D A R Y AN D AD V I S E NO RE F U E I J N G . RE F U E L ST A T l a < I A R Y EQ U I I ' I I I E N T AS PER S1REAM CROSSING AND IIIETlAND PROTECTla<l ·~ - J. IN S T A l l . TE I I I P O R A R Y WA T E R B A R UP S U : l i ' E 11 1 1 1 H N 10 0 FE E T Of '1 1 E l l . A N D BOUN>ARY AS DIRECTED BY THE EN'¥1RONMENTAL IN S P E C T O R . 4. CO N S T R U C T 'I I H E N DR Y , I f PO S S I B L E . I f S1 1 E BE C O M E S UN S T A B L E WITH SATURATED SOILS AT TilliE Of TRENCHING, AWID SOIL CO i o i ' A C l l O N BY Ul i U Z t i G 'M O E - T R A C K OR BA L L O O N TI R E CO N S T R U C 1 1 0 N EQUII'IIIENT OR NORIII.t.L CONSlRUCTION EQUIPNENT OP E R A l E D a< l l l l o i i E R MA T S a: ! PR E F A B R I C . t . T E D EQ I J I P I I I E N T MA T S . F FABRICATED llloiiER MATS ARE USED FOR STABIUZATION, TH E BA C K HO E SH A l l . GR t . D U A U . Y II I O ' I E t. ~ O S S TH E WE T l A N D BY IIIO't'tiG THE W.T FRON IIIINEDI.t.TB.Y BDIIND TO IMIIIEDIAlELY IN FR a < I T CF TH E BA C K HO E ' S PA T H . 11 - £ "L E A P FR O G " PR O C E S S MINIMIZES IMPACT 10 THE '111ETL.AND BY DISTRIBU11NG THE WE I G H T OF TH E BA C K HO E . RE D U C I N G TH E NU M B E R OF PA S S E S THROUGH THE 111Ell.ANl AND IIIINIIIIZING THE AREA C()',gED BY li N B E R MA T S AT AN Y 0 1 ~ Ti l l i E . !! . . AW I O t. 1 1 J A ! E N T II I E T L . A N O S . IN S T A L l . SE D I M E N T Bt . R R I E R S (S T R A W BALES AND/OR SILT FENIE) AT EOOE Of ROW Al.ONO WETLAND ED G E AS RE Q U I R E D . 6. UI I I I T GR A D I N G IN 11 1 E 1 L A N > . 7. CO N D U C T TR E N C H UN E TO P S O I L . ST R P P t i G I f TO P S O I L IS NO T SA 1 \ J R A T E D . SALVAGE TOPSOIL TO A DEPTH OF 12 INCHES OR AS DE T E R M I N E D BY TH E ca . I P . t . N Y . SE G R E C A l E D TO P S O I L PL E to l A Y EE LOCATED a<! SPOIL SIDE AS REQUIRED. B. IF A S1 R E A M CH A N N E L IS AS S O C I A T E D WIT H TH E WE T l A N D , TO P S O I L AND SPOL SHAU. NOT BE STOCKPILED ACROSS THE CHANNEL 9. TR E N C H TH R O U G H 11 1 E l l . A N l S . 10 . LO W E R PP E IN . TR E N C H PL U G RE Q U I R E I I I E N T S SH A I . L BE DE T E R I I I I I £ l l BY THE EN'¥1RONMENTAL PERSIJINEL PRIOR TO BACKFIWNG. BA C K F I L l . TR E N C H . 11 . RE h i O ' I E t. N Y ll l o i i E R MA T S a: ! PR E f A B R I C . t . l E D MA T S FR O i o l II I E T l A N D S UPON COioFL.Ella<l. 12 . RE S T O R E GR A D E TO NE A R PR E - C O N S T R U C 1 1 0 N TO I ' O G R A P H Y , RE I ' I . A C E TOPSOIL AN> INSTALL PERMANENT WAlER CONlROL Wi.,. ~ 11 1 1 a m s ~ ~ 14 1 4 E l K ST . , SU I T E 20 2 RO C K SP R I N G S , Wt ' 82 9 0 1 (3 0 7 ) 36 2 - 5 0 2 8 NO . P1 DA T E 11 1 0 8 1 1 1 WC D IS S U E D FO R PERMIT TYPICAL MDRYM WETLAND CROSSING REVISIONS DESCRIPTION Nt.lURAL GIWlE NOTES: • PROPOSED PIPEUNE PROFILE N.T.S. 1. PIPE TO BE STRAIGHT FOR A t.IINIIIIUIII DISTANCE OF 15 FT. BEYOND TOP OF E'ACH BANK, t.IEASURED AT RIGHT ANGLES TO CREEK OR DRAIN. 2. TOP OF PIPE TO BE IIIAINTAINED 7 FT. BELDW WAlERCOURSE INVERT. 3. NORioiAI... FLOW OF DRAINAGE NOT TO BE OBSTRUCTED DURING PIPEUNE CONSTRUC110N OPERA110NS. 4. a} ~IN~~~~~CR~YNS~WsmES~Em~~A RN~ LAY UNBtNI PIPE TO MEET THE REQUIRED COVER. 1414 ELK ST., SVITE 202 ROCK SPRINGS, WY 82901 (307) 362-5028 ocs • ,. IIIIN. FORM SAG AND CREST OVERBENDS USING COLD FIELD BENDING t.IETHODS UNLESS PIPEUNE AUGNt.1ENT SHEETS CALL FOR FITTINGS TO BE USED. FOR Stw..LOW CROSSINGS, SEE NOTE 4. (TYPICAL BOTH SIDES). TYPICAL CROSSING OF CREEK OR DRAINAGE OPEN-CVTMETHDD I BY TKM CHK LGB APPR 1M7 RIFFIN & ASSOCIATES, INC. 1414ELK ST.,SUITE202 ROCK SPRINGS,WYB2901 (307) 362-5028 KOKOPELLI PHASE II PIPELINE ~1 - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ ~ - - + - ~ " ' ~ ~ ~ - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ ~ - - r - - - ~ ~ CONSTRUCTION AND ENVIRONMENTAL DETARS BARGATH LLC SCALE: NTS JOBNo: 18108 GARFIELDCOUNTV,CO DWG# DRG-DTL-18108 REVP1 40F9 APPENDIX D LAND OWNERS WestWater Engineering 111 of 113 November 2011 !A !A !A!A !A!A!A !A !A !A!A!A !A !A !A !A !A !A !A !A !A!A!A!A!A!A !A!A !A!A !A!A !A!A Rifle §¨¦70 £¤6 ")317 ")320 ")325 ")319 ")315 ")336 ")333 Hunter Mesa Flatiron Mesa 8 20 8 16 15 20 16 14 8 17 3 5 21 6 22 12 32 34 36 10 COE 5 COE 6COE 9 COE 52 COE 50 COE 36COE 43COE 45 COE 44 COE 34 COE 35 COE 10COE 12COE 18 COE 13COE 19 COE 8 COE 7 COE 51COE 53 COE 42 COE 46 COE 41 COE 40 COE 29 COE 16 COE 17 COE 1 COE 39 COE 38 COE 2 COE 49 COE 15 COE 14 7 1 9 8 4 3 2 5 6 19 18 36 11 22 25 21 20 23 31 24 292730 17 33 28 32 16 14 13 15 12 34 26 35 10 7S 93W7S 94W 6S 93W6S 94W 7S 92W 8S 93W D r y C r e e k Be a v e r C r e e k C a c h e C r e e k Po r c u p i n e C r e e k Ram s e y G u l c h M a m m C r e e k Last Chance Ditch Gant G u l c h Hig h l i n e D i t c h Rifle C r e e k Mu l t a T r i n a D i t c h Ea s t M a m m C r e e k Dr y H o l l o w C r e e k Hall s G u l c h Dr y H o l l o w C r e e k Legend !A COE Crossings !A Wetlands Pipeline Land Ownership Parcels USFS BLM Roads Streams Map Source: Z:\Williams Bargath\Kokopelli Phase II\Field Data\Wetlands\GIS\Appendix D.mxd November 2011 rbb Williams Bargath 0 1 2 Miles November 2011 Kokopelli Phase II Appendix D ² £¤6 §¨¦70 Project Location RIFLE SILT GARFIELD COUNTY Parcels Containing COE Crossings and Wetlands WestWater Engineering 112 of 113 November 2011 AP P E N D I X D La n d Ow n e r s h i p (P a r c e l s wi t h Ju r i s d i c t i o n a l CO E an d We t l a n d s ) Pa r c e l CO E La b e l C O E _ W e t P a r c e l Nu m b e r P u b / P v t L a n d Ow n e r Na m e AD D R E S S CI T Y ZIPCODE 3 C O E 1 W e t l a n d s 2 4 0 1 0 8 4 0 0 1 2 9 P R I V A T E CO U E Y , MA R V E L L E 8/ 1 0 & W KE L L Y 2/ 1 7 2 3 8 CO U N T Y RO A D 31 5 S I L T 81652 ‐9640 5 C O E 2 W e t l a n d s 2 4 0 1 1 7 2 0 0 1 8 8 P R I V A T E CO U E Y , MA R V E L L E 72 3 8 CO U N T Y RO A D 31 5 S I L T 81652 ‐9640 6 C O E 5 C O E Cr o s s i n g 2 4 0 1 1 7 2 0 0 0 2 6 P R I V A T E CO U E Y , MA R V E L L E & KE L L Y 72 3 8 CO U N T Y RO A D 31 5 S I L T 81652 ‐9640 8 C O E 13 C O E Cr o s s i n g 2 4 0 1 1 8 4 0 0 1 3 1 P R I V A T E CO U E Y , MA R V E L L E 8/ 1 0 & W KE L L Y 2/ 1 7 2 3 8 CO U N T Y RO A D 31 5 S I L T 81652 ‐9640 8 C O E 14 W e t l a n d s 2 4 0 1 1 8 4 0 0 1 3 1 P R I V A T E C O U E Y , MA R V E L L E 8/ 1 0 & W KE L L Y 2/ 1 72 3 8 CO U N T Y RO A D 31 5 S I L T 81652 ‐9640 8 C O E 12 CO E Cr o s s i n g 2 4 0 1 1 8 4 0 0 1 3 1 P R I V A T E CO U E Y , MA R V E L L E 8/ 1 0 & W KE L L Y 2/ 1 7 2 3 8 CO U N T Y RO A D 31 5 S I L T 81652 ‐9640 8 C O E 15 W e t l a n d s 2 4 0 1 1 8 4 0 0 1 3 1 P R I V A T E CO U E Y , MA R V E L L E 8/ 1 0 & W KE L L Y 2/ 1 7 2 3 8 CO U N T Y RO A D 31 5 S I L T 81652 ‐9640 8 C O E 7 C O E Cr o s s i n g 2 4 0 1 1 8 4 0 0 1 3 1 P R I V A T E CO U E Y , MA R V E L L E 8/ 1 0 & W KE L L Y 2/ 1 7 2 3 8 CO U N T Y RO A D 31 5 S I L T 81652 ‐9640 8 C O E 8 CO E Cr o s s i n g 2 4 0 1 1 8 4 0 0 1 3 1 P R I V A T E CO U E Y , MA R V E L L E 8/ 1 0 & W KE L L Y 2/ 1 72 3 8 CO U N T Y RO A D 31 5 S I L T 81652 ‐9640 8 C O E 9 C O E Cr o s s i n g 2 4 0 1 1 8 4 0 0 1 3 1 P R I V A T E CO U E Y , MA R V E L L E 8/ 1 0 & W KE L L Y 2/ 1 7 2 3 8 CO U N T Y RO A D 31 5 S I L T 81652 ‐9640 8 C O E 6 C O E Cr o s s i n g 2 4 0 1 1 8 4 0 0 1 3 1 P R I V A T E CO U E Y , MA R V E L L E 8/ 1 0 & W KE L L Y 2/ 1 7 2 3 8 CO U N T Y RO A D 31 5 S I L T 81652 ‐9640 10 C O E 10 C O E Cr o s s i n g 2 4 0 3 2 4 2 0 0 9 5 4 B L M B U R E A U OF LA N D MA N A G E M E N T 5 0 6 2 9 HI G H W A Y 6 & 24 G L N W O O D SPGS 81601 12 C O E 16 CO E Cr o s s i n g 2 4 0 3 1 4 4 0 0 0 3 5 P R I V A T E D U M A S , DA N I E L A. & GR E T C H E N S. 7 6 7 1 CO U N T Y RO A D 31 9 R I F L E 81650 14 C O E 17 C O E Cr o s s i n g 2 4 0 3 1 5 3 0 0 0 4 6 P R I V A T E R O S E , JA M E S L. PO BO X 43 2 RI F L E 81650 14 C O E 18 C O E Cr o s s i n g 2 4 0 3 1 5 3 0 0 0 4 6 P R I V A T E R O S E , JA M E S L. PO BO X 43 2 RI F L E 81650 15 C O E 19 C O E Cr o s s i n g 2 4 0 3 2 0 4 0 0 9 5 3 U S F S U N I T E D ST A T E S FO R E S T SE R V I C E 0 0 9 4 CO U N T Y RO A D 24 4 R I F L E 81650 16 C O E 29 C O E Cr o s s i n g 2 4 0 3 1 7 1 0 0 9 5 2 B L M B U R E A U OF LA N D MA N A G E M E N T 5 0 6 2 9 HI G H W A Y 6 & 24 G L N W O O D SPGS 81601 16 C O E 34 C O E Cr o s s i n g 2 4 0 3 1 7 1 0 0 9 5 2 B L M B U R E A U OF LA N D MA N A G E M E N T 5 0 6 2 9 HI G H W A Y 6 & 24 GL N W O O D SPGS 81601 16 C O E 36 C O E Cr o s s i n g 2 4 0 3 1 7 1 0 0 9 5 2 B L M BU R E A U OF LA N D MA N A G E M E N T 5 0 6 2 9 HI G H W A Y 6 & 24 G L N W O O D SPGS 81601 17 C O E 35 C O E Cr o s s i n g 2 4 0 3 0 7 3 0 0 0 0 1 P R I V A T E YO U B E R G BE A V E R CR E E K RA N C H 2 1 5 SO U T H 10 T H ST R E E T S A C CI T Y 5 0 5 8 3 ‐2137 17 C O E 38 W e t l a n d s 2 4 0 3 0 7 3 0 0 0 0 1 P R I V A T E Y O U B E R G BE A V E R CR E E K RA N C H 2 1 5 SO U T H 10 T H ST R E E T S A C CI T Y 5 0 5 8 3 ‐2137 17 C O E 39 W e t l a n d s 2 4 0 3 0 7 3 0 0 0 0 1 P R I V A T E YO U B E R G BE A V E R CR E E K RA N C H 2 1 5 SO U T H 10 T H ST R E E T S A C CI T Y 5 0 5 8 3 ‐2137 20 C O E 41 C O E Cr o s s i n g 2 4 0 5 1 4 1 0 0 9 5 4 B L M B U R E A U OF LA N D MA N A G E M E N T 5 0 6 2 9 HI G H W A Y 6 & 24 GL N W O O D SPGS 81601 20 C O E 44 C O E Cr o s s i n g 2 4 0 5 1 4 1 0 0 9 5 4 B L M BU R E A U OF LA N D MA N A G E M E N T 5 0 6 2 9 HI G H W A Y 6 & 24 G L N W O O D SPGS 81601 20 C O E 46 C O E Cr o s s i n g 2 4 0 5 1 4 1 0 0 9 5 4 B L M B U R E A U OF LA N D MA N A G E M E N T 5 0 6 2 9 HI G H W A Y 6 & 24 G L N W O O D SPGS 81601 20 C O E 45 C O E Cr o s s i n g 2 4 0 5 1 4 1 0 0 9 5 4 B L M B U R E A U OF LA N D MA N A G E M E N T 5 0 6 2 9 HI G H W A Y 6 & 24 G L N W O O D SPGS 81601 20 C O E 42 C O E Cr o s s i n g 2 4 0 5 1 4 1 0 0 9 5 4 B L M B U R E A U OF LA N D MA N A G E M E N T 5 0 6 2 9 HI G H W A Y 6 & 24 G L N W O O D SPGS 81601 20 C O E 43 C O E Cr o s s i n g 2 4 0 5 1 4 1 0 0 9 5 4 B L M B U R E A U OF LA N D MA N A G E M E N T 50 6 2 9 HI G H W A Y 6 & 24 G L N W O O D SPGS 81601 21 CO E 40 C O E Cr o s s i n g 2 4 0 5 1 1 3 0 0 0 2 7 B L M B U R E A U OF LA N D MA N A G E M E N T 5 0 6 2 9 HI G H W A Y 6 & 24 G L N W O O D SPGS 81601 22 C O E 49 W e t l a n d s 2 4 0 5 0 4 3 0 0 0 8 9 P R I V A T E WI L L I A M S PR O D U C T I O N RM T CO M P A N 1 0 5 8 CN T Y RD 21 5 P A R A C H U T E 8 1 6 3 5 32 C O E 50 C O E Cr o s s i n g 2 1 7 5 2 8 1 0 0 0 2 3 P R I V A T E CL O U G H SH E E P CO M P A N Y , LL C P O BO X 68 6 RI F L E 81650 ‐0686 32 C O E 51 C O E Cr o s s i n g 2 1 7 5 2 8 1 0 0 0 2 3 P R I V A T E CL O U G H SH E E P CO M P A N Y , LL C P O BO X 68 6 RI F L E 81650 ‐0686 34 C O E 52 C O E Cr o s s i n g 2 1 7 5 2 2 1 0 0 1 4 0 P R I V A T E CL O U G H SH E E P CO M P A N Y , LL C P O BO X 68 6 RI F L E 81650 ‐0686 36 C O E 53 C O E Cr o s s i n g 2 1 7 5 2 2 1 0 0 1 4 0 P R I V A T E CL O U G H SH E E P CO M P A N Y , LL C P O BO X 68 6 RI F L E 81650 ‐0686 We s t W a t e r En g i n e e r i n g 11 3 of 11 3 November 2011 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 GENERAL CONSTRUCTION PERMIT Land Development Projects PERMIT NO: GP03 FINAL APPROVAL Modification 1 November 10, 2009 R K Hancock III, P.E. Date Issued Permitting Section Supervisor Note: See the Land Development General Permit Guidance document available through the Division’s Small Business Assistance Program for further information on demonstrating compliance with the requirements of this permit. LAND DEVELOPMENT GENERAL PERMIT Page 1 of 4 I. General Permit Applicability I.A. The owner or operator of any land development activity that can comply with all of the operating conditions described in Section II of this permit and meet all requirements of this Section I m a y register for this general permit. I.B. Land development refers to all land clearing activities, including but not limited to land preparation such as excavating or grading, for residential, commercial, or industrial development, or oil and gas exploration and production. Land development does not include mining operations or the disturbance of contaminated soils. I.C. Land development activities that are less than 25 contiguous acres and less than 6 months in duration are exempt from permitting and do not need to report air emissions to the Division. For these projects, operators must use appropriate control measures to minimize the release of fugitive dust from the site. II. Operating Terms and Conditions II.A. Emission Limitations II.A.1. Project will not exceed 1850 acres in size. Any project over 1850 acres will be subject to a Construction Permit and Public Notice proceedings. II.B. General Operating Conditions II.B.1. Particulate emissions Control Plan II.B.1.a. THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR ENFORCEMENT PURPOSES ON THE SOURCES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO 1. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: Permit Number GP03 Colorado Department of Public Health and Environment Final Approval Air Pollutio n Control Division LAND DEVELOPMENT GENERAL PERMIT Page 2 of 4 II.B.1.a.(i) All Activities - Visible emissions not to exceed 20%, no off-property transport of visible emissions. II.B.1.a.(ii) Haul Roads - No off-property transport of visible emissions shall apply to on-site haul roads, the nuisance guidelines shall apply to off-site haul roads. II.B.1.a.(iii) Haul Trucks - There shall be no off-property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off-vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. II.B.1.b. Control Measures II.B.1.b.(i) All unpaved roads and other disturbed surface areas on site must be watered as necessary to prevent off-property transport of visible fugitive particulate emissions. II.B.1.b.(ii) Vehicle speed on all unpaved roads and disturbed areas shall not exceed a maximum of 30 mph. Speed limit signs shall be posted. II.B.1.b.(iii) No earthwork activities shall be performed when the wind speed exceeds 30 miles per hour. II.B.1.b.(iv) All disturbed surface areas shall be revegetated within one year and according to the information submitted by the applicant with the permit application. II.B.1.b.(v) Gravel entryways shall be utilized to prevent mud and dirt carryout onto paved surfaces. Any mud and dirt carryout onto paved surfaces shall be cleaned up daily. II.B.1.c. Other control measures recommended by the Division, but not required for general permitting II.B.1.c.(i) Foundation soil shall be compacted on a daily basis to within 90% of maximum compaction. II.B.1.c.(ii) Silt fencing shall be installed prior to overlotting along all property borders that are adjacent to developed areas. II.B.1.c.(iii) Surface area disturbed shall be minimized as described in the information submitted by the applicant with the permit application. III. General Recordkeeping III.A. The records in this section shall be maintained on site. III.B. The current version of this general construction permit. III.C. The most recently submitted Air Pollutant Emission Notice (APEN). III.D. The general permit registration approval letter. IV. General Permit Terms and Administration IV.A. General Terms IV.A.1. Land development owner/operator agreement to Particulate Emissions Control Plan (II.B.1) will result in issuance of general permit approval letter. Permit Number GP03 Colorado Department of Public Health and Environment Final Approval Air Pollutio n Control Division LAND DEVELOPMENT GENERAL PERMIT Page 3 of 4 IV.A.2. A land development general permit will be valid for five (5) years from the initial date of the approval letter issuance. Any project exceeding five years will be required to file an APEN update after f ive years. IV.A.3. One APEN will be submitted per project. Multiple phases may be covered under a single APEN provided that the entire project is less than the 1850 acres. IV.A.4. APEN and General Permit Fees IV.A.4.a. Total fees for a land development APEN and General Permit will be $202.90. These fees will arise from two sources: IV.A.4.a.(i) An APEN filing fee in the amount of $152.90 per APEN filed (Please note that the APEN filing fee is subject to change by the Colorado State Legislature) and IV.A.4.a.(ii) A general permit fee of $50.00 for each APEN filed. IV.A.5. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part A, Section II.C.) IV.A.5.a. Whenever there is a change in the owner or operator of any facility, process, or activity; or IV.A.5.b. No later than 30 days before the five -year term of the existing APEN expires. IV.A.6. This permit is granted subject to all rules and regulations of the Colorado Air Quality Control Commission and the Colorado Air Pollution Prevention And Control Act C.R.S. (25-7-101 et seq), to those general and specific terms and conditions included in this document. IV.A.7. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the Division to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. IV.A.8. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. IV.A.9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. IV.A.10. Registration under this permit is approved in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the general permit registration. IV.B. Registration Certification IV.B.1. Conditional certification of a registration under this general permit is effective from the date the complete registration request is received by the Division. A complete registration request consists of all General Permit application materials required by the Division including, but not limited to, an impact analysis that demonstrates, that the APEN requested emissions from the proposed source or modification will not cause or contribute to concentrations of air pollutants in ambient air in violation of any applicable state or national ambient air quality standard. The owner or operator may commence construction and operation of the land development project as represented in the registration upon submission of the completed registration request. In the Permit Number GP03 Colorado Department of Public Health and Environment Final Approval Air Pollutio n Control Division LAND DEVELOPMENT GENERAL PERMIT Page 4 of 4 event the land development project does not qualify for registration under the general permit or is demonstrated to violate an applicable ambient air quality standard, the owner or operator accepts the liability of commencing these activities. IV.C. Registration Modification IV.C.1. In order to modify operations under the general permit, the owner or operator must submit a new general permit application and APEN to the Division. This application will detail the changes being made to the project. Reasons for submitting a modification include, but are not limited to: IV.C.1.a. Increase in project size resulting in greater emission. IV.C.1.b. Increase in the duration of the project resulting in fugitive particulates being released longer than initially reported. IV.C.1.c. An increase in the amount of paving being performed on the site. IV.C.1.d. A decrease in dust control measures being implemented from those initially reported. IV.D. Registration Revision / Termination IV.D.1. The Division may deny or revoke registration under the general permit under the circumstances specified in Regulation No. 3, Part B, Section III.I.3.c. IV.D.2. A registration under this general permit may be reissued to a new owner by the Division as provided in Regulation No. 3, Part B, Section II.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fees. IV.D.3. Registration under this general permit is voluntary. The permittee may withdraw or cancel a registration under this general permit at any time by notifying the Division in writing. IV.E. General Permit Revision / Termination IV.E.1. This general permit remains in effect until revised or terminated by the Division in accordance with the provisions of Regulation No. 3. IV.E.2. After public notice and comment as provided by Regulation No. 3, Part B, Section III.I.7., the Division may revise this general permit in order to add or delete requirements or limitations to the permit. This public notice shall be conducted in a manner consistent with the provisions of Regulation No. 3, Part B, Section III.C.4. IV.E.3. If a revised general permit is issued by the Division, any existing registration to use the general permit will be automatically converted to a registration to use the revised general permit, provided that the permittee continues to meet all requirements of the revised general permit. Persons not wishing to continue coverage under the revised general permit shall have the option of applying for an individual permit as required by Regulation No. 3, Part B. IV.E.4. If the Division terminates this general permit, it will pr ovide written notice to affected registrants prior to the termination of the general permit. The notice will advise registrants that they must apply for an individual permit as required by Regulation No. 3, Part B. Permit History Final Approval issued October 17, 2008. Modification 1: Removal of requirement that owner or operator receive Division approval prior to commencement of project. August 23, 2011 Mr. Roland Hea Colorado Department of Public Health and Environment Air Pollution Control Division 4300 Cherry Creek Drive South, APCD-SS-B 1 Denver, Colorado 80246-1530 Re: General Construction Permit GP-03 Kokopelli Gathering Line Phase 2, Garfield County Mr. Hea: ·~l,'rll.~ rrllllams. ~ Bargath LLC I 00 I 17 1h Street Suite 1200 Denver, CO 80202 Bargath LLC (Bargath) is submitting the attached APEN and requesting coverage under General Permit GP-03 for Land Development Projects, for the Kokopelli Gathering Line proposed for construction in Garfield County. As specified in the attached APEN, a site map is also included. Please find enclosed the required fees associated with this submittal ($202.90 -Williams ' Check # 100 11112). Should there be any que s tions concerning this submittal please contact me at either the letterhead address above, by phone at 303-629-8473, or by email at doug.parce@wi lliams.com. Sincerely, Bargatll LLC ~o-.JC~ ?b.Q. c_r::. , Douglas Parce Supervisor EHS enclosure Air Pollutant Emission Notice (APEN)-and-Application for Construction Permit D New Facil ity D Transfer of Ownership * D Change in Production D No Change {APEN Update Only) !2] Request Coverage Under General Permit (For GP coverage, pages 2-3 are not required)** All sections of this APEN and application must be completed prior to s ubmittal to the Division for both new and existin g facilities. An application with missing information may be determined incomplete and may result in longer engineer processing times. * Note: For transfer of ownership or company name change of a permit, you must also submit a Construction Permit Application form. **Note: For General Permit coverage, only page I of this application needs to be completed. In addition to the APEN filing fee ($152 .90), a General Permit fee of$50.00 will be assessed. Permit Number Company Name: Bargath LLC Billing Address: I 00 I 17u. St, Suite 1200 Denver, CO Person to Contact: Doug Parce Email Address: doug. parce@wi II iams.com AIRS Number Zip Code: 80202 ------- Phone Number: (303) 629-8473 Fax Number: (303) 629-8282 Please provide description of the activity: (Also, please provide a site map) Cl earing, g rading, trenching, and backfilling for pipeline installation (227 acres) Project Name & Location: Kokopelli Phase 2 County: Garfield Total area of land in project: Section: See below Date eat1hmoving will-Commence: Total area subject to earthmoving: Total disturbed area at any one time: Area to be paved (roads, parking lots): Date paving will be completed: 227 I 0 /15/2 0 I I 227 As much as 50% of total depending on simultaneous operations 0 n/a Estimated time to complete entire proj ect (includes buildings) List any known or s uspected contaminates in the soil: n/a Township: See below Acres Range: See below Stop: I 0/3 I /20 12 Acres Acres Acres 12 months Brief description of how the project development will occur e.g., time line, project phases (attach an additional page if necessary): Section(s) (township/ran ge): 8, 9, 17, 18 (7S/92W); 6, 7, 8, 9, 13, 14 , 15 , 16,24 (7S/93W); I , 3, 4, II , 10, 12 (7S/94W); 28, 29,33 (6S/94W) --An authorized signature is required on Page 1 if you are applying for General Permit Coverage; otherwise, a signature is required on Page 3 -- ~u C......,. ?.AJL<.Z.• Signature of Legally A uthorized Person (not a vendor or consultant) Doug Parce Name (please print) Revised September 2008 http://www.cdph e.sta te.co.us/ap/stationary .html Date Supervisor of EH&S Title 0 9 ~ ~ J ... 711 1 -'-'-'-•""'·"-'--'' COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 GENERAL CONSTRUCTION PERMIT Land Development Projects PERMIT NO: GP03 FINAL APPROVAL Modification 1 November 10, 2009 R K Hancock III, P.E. Date Issued Permitting Section Supervisor Note: See the Land Development General Permit Guidance document available through the Division’s Small Business Assistance Program for further information on demonstrating compliance with the requirements of this permit. LAND DEVELOPMENT GENERAL PERMIT Page 1 of 4 I. General Permit Applicability I.A. The owner or operator of any land development activity that can comply with all of the operating conditions described in Section II of this permit and meet all requirements of this Section I m a y register for this general permit. I.B. Land development refers to all land clearing activities, including but not limited to land preparation such as excavating or grading, for residential, commercial, or industrial development, or oil and gas exploration and production. Land development does not include mining operations or the disturbance of contaminated soils. I.C. Land development activities that are less than 25 contiguous acres and less than 6 months in duration are exempt from permitting and do not need to report air emissions to the Division. For these projects, operators must use appropriate control measures to minimize the release of fugitive dust from the site. II. Operating Terms and Conditions II.A. Emission Limitations II.A.1. Project will not exceed 1850 acres in size. Any project over 1850 acres will be subject to a Construction Permit and Public Notice proceedings. II.B. General Operating Conditions II.B.1. Particulate emissions Control Plan II.B.1.a. THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR ENFORCEMENT PURPOSES ON THE SOURCES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO 1. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: Permit Number GP03 Colorado Department of Public Health and Environment Final Approval Air Pollutio n Control Division LAND DEVELOPMENT GENERAL PERMIT Page 2 of 4 II.B.1.a.(i) All Activities - Visible emissions not to exceed 20%, no off-property transport of visible emissions. II.B.1.a.(ii) Haul Roads - No off-property transport of visible emissions shall apply to on-site haul roads, the nuisance guidelines shall apply to off-site haul roads. II.B.1.a.(iii) Haul Trucks - There shall be no off-property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off-vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. II.B.1.b. Control Measures II.B.1.b.(i) All unpaved roads and other disturbed surface areas on site must be watered as necessary to prevent off-property transport of visible fugitive particulate emissions. II.B.1.b.(ii) Vehicle speed on all unpaved roads and disturbed areas shall not exceed a maximum of 30 mph. Speed limit signs shall be posted. II.B.1.b.(iii) No earthwork activities shall be performed when the wind speed exceeds 30 miles per hour. II.B.1.b.(iv) All disturbed surface areas shall be revegetated within one year and according to the information submitted by the applicant with the permit application. II.B.1.b.(v) Gravel entryways shall be utilized to prevent mud and dirt carryout onto paved surfaces. Any mud and dirt carryout onto paved surfaces shall be cleaned up daily. II.B.1.c. Other control measures recommended by the Division, but not required for general permitting II.B.1.c.(i) Foundation soil shall be compacted on a daily basis to within 90% of maximum compaction. II.B.1.c.(ii) Silt fencing shall be installed prior to overlotting along all property borders that are adjacent to developed areas. II.B.1.c.(iii) Surface area disturbed shall be minimized as described in the information submitted by the applicant with the permit application. III. General Recordkeeping III.A. The records in this section shall be maintained on site. III.B. The current version of this general construction permit. III.C. The most recently submitted Air Pollutant Emission Notice (APEN). III.D. The general permit registration approval letter. IV. General Permit Terms and Administration IV.A. General Terms IV.A.1. Land development owner/operator agreement to Particulate Emissions Control Plan (II.B.1) will result in issuance of general permit approval letter. Permit Number GP03 Colorado Department of Public Health and Environment Final Approval Air Pollutio n Control Division LAND DEVELOPMENT GENERAL PERMIT Page 3 of 4 IV.A.2. A land development general permit will be valid for five (5) years from the initial date of the approval letter issuance. Any project exceeding five years will be required to file an APEN update after f ive years. IV.A.3. One APEN will be submitted per project. Multiple phases may be covered under a single APEN provided that the entire project is less than the 1850 acres. IV.A.4. APEN and General Permit Fees IV.A.4.a. Total fees for a land development APEN and General Permit will be $202.90. These fees will arise from two sources: IV.A.4.a.(i) An APEN filing fee in the amount of $152.90 per APEN filed (Please note that the APEN filing fee is subject to change by the Colorado State Legislature) and IV.A.4.a.(ii) A general permit fee of $50.00 for each APEN filed. IV.A.5. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part A, Section II.C.) IV.A.5.a. Whenever there is a change in the owner or operator of any facility, process, or activity; or IV.A.5.b. No later than 30 days before the five -year term of the existing APEN expires. IV.A.6. This permit is granted subject to all rules and regulations of the Colorado Air Quality Control Commission and the Colorado Air Pollution Prevention And Control Act C.R.S. (25-7-101 et seq), to those general and specific terms and conditions included in this document. IV.A.7. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the Division to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. IV.A.8. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. IV.A.9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. IV.A.10. Registration under this permit is approved in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the general permit registration. IV.B. Registration Certification IV.B.1. Conditional certification of a registration under this general permit is effective from the date the complete registration request is received by the Division. A complete registration request consists of all General Permit application materials required by the Division including, but not limited to, an impact analysis that demonstrates, that the APEN requested emissions from the proposed source or modification will not cause or contribute to concentrations of air pollutants in ambient air in violation of any applicable state or national ambient air quality standard. The owner or operator may commence construction and operation of the land development project as represented in the registration upon submission of the completed registration request. In the Permit Number GP03 Colorado Department of Public Health and Environment Final Approval Air Pollutio n Control Division LAND DEVELOPMENT GENERAL PERMIT Page 4 of 4 event the land development project does not qualify for registration under the general permit or is demonstrated to violate an applicable ambient air quality standard, the owner or operator accepts the liability of commencing these activities. IV.C. Registration Modification IV.C.1. In order to modify operations under the general permit, the owner or operator must submit a new general permit application and APEN to the Division. This application will detail the changes being made to the project. Reasons for submitting a modification include, but are not limited to: IV.C.1.a. Increase in project size resulting in greater emission. IV.C.1.b. Increase in the duration of the project resulting in fugitive particulates being released longer than initially reported. IV.C.1.c. An increase in the amount of paving being performed on the site. IV.C.1.d. A decrease in dust control measures being implemented from those initially reported. IV.D. Registration Revision / Termination IV.D.1. The Division may deny or revoke registration under the general permit under the circumstances specified in Regulation No. 3, Part B, Section III.I.3.c. IV.D.2. A registration under this general permit may be reissued to a new owner by the Division as provided in Regulation No. 3, Part B, Section II.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fees. IV.D.3. Registration under this general permit is voluntary. The permittee may withdraw or cancel a registration under this general permit at any time by notifying the Division in writing. IV.E. General Permit Revision / Termination IV.E.1. This general permit remains in effect until revised or terminated by the Division in accordance with the provisions of Regulation No. 3. IV.E.2. After public notice and comment as provided by Regulation No. 3, Part B, Section III.I.7., the Division may revise this general permit in order to add or delete requirements or limitations to the permit. This public notice shall be conducted in a manner consistent with the provisions of Regulation No. 3, Part B, Section III.C.4. IV.E.3. If a revised general permit is issued by the Division, any existing registration to use the general permit will be automatically converted to a registration to use the revised general permit, provided that the permittee continues to meet all requirements of the revised general permit. Persons not wishing to continue coverage under the revised general permit shall have the option of applying for an individual permit as required by Regulation No. 3, Part B. IV.E.4. If the Division terminates this general permit, it will pr ovide written notice to affected registrants prior to the termination of the general permit. The notice will advise registrants that they must apply for an individual permit as required by Regulation No. 3, Part B. Permit History Final Approval issued October 17, 2008. Modification 1: Removal of requirement that owner or operator receive Division approval prior to commencement of project. Page 1 of 2 Bargath LLC Kokopelli Phase II Pipeline- Development Plan Review for Right- of-Way Application Submittal Item Tab 8- Primary Project Participants 9-104 (G) Listing of company representative, company and individual acting as an agent for the company and construction company contacts. There are no federal and state agency contacts. Bargath LLC- Authorized Representative Mr. Tom Fiore- Cell: 970-210-1641 Email: Tom.Fiore@Williams.com Bargath LLC 1001 17th Street Suite 1200 Denver, CO 80202 D.R. Griffin & Associates, Inc. - Project Designer and Survey firm Mr. Larry Bodyfelt, PELS Engineering Manager D. R. Griffin & Associates, Inc. Professional Engineers & Land Surveyors 1414 Elk Street, Suite 202 Rock Springs, WY 82901 Phone: 307-362-5028 Fax: 307-362-1056 Cell: 307-389-0371 Email: lbodyfelt@drg-wy.com Pipeline Construction Company To be determined Thank you for your assistance on this project. Please contact me with any questions that you may have. Sincerely, ~11~~~ Philip B. Vaughan President PVCMI-Land Planning Division P age 2 of2 Bargath LLC Kokopelli Phase II Pipeline-Development Plan Review for Right- of-Way Application Submittal Item Tab 22-Response letter regarding Development Plan Review Standards and Criteria for Approval. Sections 9-107 and 7-815 Please find below a response to each of the checklist items that are required to be reviewed by the Garfield County Building and Planning Department. A. Right-of-way locations related to perimeters of surface property ownerships. 7-815 (A) Please see Tab 2-Vicinity Map-9-104 (A) B. Colorado Oil and Gas Conservation Commission Rules and Regulations, Section 802, Noise Abatement. 7-815 (B) Please see attached the following document: 1. Analysis of Noise from Kokopelli Phase II Pipeline. This report was prepared by Hankard Environmental Inc. and notes that our pipeline construction activity will comply with section 802 of the COGCC rules. Page 1 of 3 C. Minimize visual impact and disturbance of the land surface. 7-815 (C) We have located the new pipeline in existing, disturbed right-of- way to limit surface disturbance to previously disturbed areas. All above grade piping and improvements at the pig receiver facilities located at the Rulison Compressor Station, will be painted "Desert Brown" to blend with the environment and the existing facilities on-site. The above grade piping at the County Road #317 block valve will be painted "Juniper Green" to blend with the environment and the existing facilities on-site. D. Access Points to public roads. 7-815 (D) Please see Tab 15-Traffic Impact-9-104 (N) E. Impact on endangered species. 7-815 (E) Please see Tab 11-Sensitive Area Survey-9-104 (J) F. Air contaminant emissions. 7-815 (F) The Applicant agrees to meet the control provisions set forth by the Colorado Air Quality Control Program, Title 25, Article 7, C.R.S. Please see the Fugitive Dust Permit and the Compressor Air Permits in Tab 7-Regulatory Permit Requirements. G. Compliance with Colorado State Public Health and Environment, Water Quality Control standards. 7-815 (G) Please see Tab 7-Regulatory Permit Requirements-9-104 (F). The Applicant has/or will receive the necessary COPS permits from the CDPHE for the project. Page 2 of3 H. Compliance with Garfield County Individual Sewage Disposal System regulations. 9.07.06 (8) There will not be ISDS installed at this project. Please see Tab 21- Construction Management Plan-Waste Disposal and sanitation to note the use of portable chemical toilets for human waste during the construction of the pipeline. I. Reclamation plan. 7-815 (I) Please see Tab 12-Revegetation Plan-9-104 (K) J. Abandoned pipeline removal. 7-815 (J) Abandoned pipeline will be abandoned as per the most current Colorado Oil & Gas Conservation Commission regulations at the time of abandonment. Thank you for your assistance on this project. Please contact me with any questions. Sincerely ~~~~ President PVCMI-Land Planning Division Page 3 of3 COLORADO  WISCONSIN  MAINE phone: (303) 666-0617  www.hankardinc.com  fax (303) 600-0282 November 11, 2011 Phil Vaughan Phil Vaughan Construction Management, Inc. Construction Manager 1038 County Road 323 Rifle, Colorado 81650 Re: Analysis of Noise from Kokopelli Phase II Pipeline Construction Dear Mr. Vaughan, Per your request, Hankard Environmental predicted the noise levels that will be generated by the construction of the Kokopelli Phase II Pipeline Project in order to demonstrate that the Project will be in compliance with Garfield County noise regulations. A summary of our analysis results is provided first, followed by details regarding applicable noise regulations, the proposed Project, and the methods and results of the noise compliance assessment. EXECUTIVE SUMMARY Bargath LLC is proposing to construct the 21 mile-long Kokopelli Phase II Pipeline Project in Garfield County, Colorado. The Project involves the installation of a 16 inch diameter pipeline starting near the Dry Hollow Compressor Station south of Silt and terminating to the west near the Rulison Compressor Station. Noise from construction of the pipeline must adhere to Garfield County Unified Land Use Resolution, Article VII, Section 7-815, Additional Standards Applicable to Pipelines (September 2008), which refers to the Colorado Oil and Gas Conservation Commission (COGCC) Rules and Regulations, Section 802, Noise Abatement (April 2009). COGCC Rule 802 states that the maximum noise level from the construction of a pipeline must be at or below 80 dBA during the daytime. Noise levels from impulsive sources, such as rock hammers, must be 75 dBA or less during the daytime. However, there are no such sources on this Project, therefore the applicable limit is 80 dBA. This limit is to be assessed at a distance of 350 feet, or at the nearest boundary of the property on which the construction activities are taking place, whichever is greater. If an existing occupied structure is located closer than 350 feet to the pipeline, sound levels shall be assessed at a point twenty-five feet from the structure in the direction of the noise source. The distances from the proposed Project to the nearest property boundaries along the 21 mile construction corridor vary from a few feet to thousands of feet. Predicted maximum noise levels from construction activities at the 350 foot compliance distance range from 58 dBA to 68 dBA. These levels are well below the COGCC’s maximum daytime limit of 80 dBA for continuous noise. Analysis of Noise from Kokopelli Phase II Pipeline Construction Project page 2 November 11, 2011 Noise levels were also predicted at six occupied residences and one residence/camp, which are located anywhere from 80 feet to 350 feet from the proposed pipeline. Per COGCC rules, noise levels were predicted 25 feet from the residences in the direction of the pipeline. Noise levels at five of the residences are predicted to be lower than the 80 dBA limit using standard construction equipment. However, at the closest residence and at the residence/camp, which are located 80 to 100 feet from the proposed pipeline, predicted construction noise levels range from 71 dBA to 84 dBA and exceed the 80 dBA limit for certain pieces of typical construction equipment. In order to bring these levels into compliance, the following equipment must be shown to be no louder than 80 dBA at a distance of 50 feet under full load operating conditions when operating between Stations 313+00 and 321+00 and between Stations 341+00 and 348+00: dozers, graders, compactors, side booms, compacting machines, and brush hogs. Thus, noise levels from the proposed Project are predicted to be in compliance with the COGCC and Garfield County noise standards both at a distance of 350 feet and at all occupied residences in the area, provided that the equipment listed above is no louder than 80 dBA at 50 feet when operating near Stations 316+00 and 344+00. Finally, no nighttime (7:00 p.m. to 7:00 a.m.) construction is anticipated, nor were nighttime activities included in this analysis. APPLICABLE NOISE REGULATIONS The Garfield County Unified Land Use Resolution, Article VII, Section 7-815, Additional Standards Applicable to Pipelines, states that a development plan shall be approved or conditionally approved in accordance with certain standards and criteria. Paragraph B of this section states that “any equipment used in construction or operation of a pipeline must comply with the Colorado Oil and Gas Conservation Commission Rules and Regulations, Section 802, Noise Abatement.” Paragraph B also discusses noise mitigation measures that are required if noise from pipeline construction will have a “substantial impact” in adjacent areas, which is not expected to be the case on this project. Section 7-815 also mentions that any repair and maintenance activity requiring the use of equipment that will generate noise, odors, or glare beyond the property boundaries will be conducted within a building or outdoors during the hours or 8 a.m. to 6 p.m. Table 1, below, lists the COGCC’s maximum permissible noise levels. They are dependent on adjacent land use, time of day, and the type of equipment to be employed. In terms of land use, Section 802 of COGCC regulations specifically states that the construction of a pipeline is subject to the maximum permissible noise levels for an Industrial Zone. In terms of time of day, construction of the proposed pipeline project will be completed during daytime hours (7:00 a.m. to 7:00 p.m.). In terms of equipment, no impulsive-type noise producing equipment is expected to be used. Therefore, the noise limit applicable to the proposed Project is that for an Industrial Zone during daytime hours (80 dBA). Per COGCC Rule 802, the 80 dBA noise limit must be met at a distance of 350 feet from construction operations or at the nearest property line of the surface property owned, leased or otherwise controlled by the operator, whichever is greater. In addition, where the pipeline is installed closer than 350 feet from an existing occupied structure, sound levels shall be assessed at a point twenty-five feet from the structure towards the noise source. As discussed below, there are seven such structures along the length of the proposed Project. Analysis of Noise from Kokopelli Phase II Pipeline Construction Project page 3 November 11, 2011 TABLE 1 – COGCC Maximum Permissible Noise Levels (dBA) Zone Daytime (1), (2) (7:00am to 7:00pm) Nighttime (2) (7:00pm to 7:00am) Residential 55 50 Commercial 60 55 Light Industrial 70 65 Industrial 80 75 (1) During the daytime, the noise level can be increased by 10 dBA for 15 minutes in any one-hour period (2) Noise level limit decreased by 5 dBA for impulsive type sounds. SITE DESCRIPTION The proposed Kokopelli Phase II Pipeline Project involves the installation of a 21 miles long 16 inch diameter high pressure gas pipeline starting near the Dry Hollow Compressor Station approximately 5.5 miles south of Silt, and terminating to the west near the Rulison Compressor Station area near U.S. Highway 6 and County Road 246. The entire project will be located within Garfield County, Colorado, and will traverse both privately and publicly owned properties. Based on a review of the project plans, revised November 6, 2011, as well as on input from the project team and information obtained from the Garfield County Assessor’s Office online database, all of the properties within 1,000 feet of the proposed Project are zoned either “Rural” or “Public Lands”. Table 2, below, lists all of the occupied structures located 350 feet or closer to the centerline of the proposed pipeline. Note that there are two other houses located within 350 feet of the proposed construction, but these are owned by Williams Production RMT, are currently unoccupied, and will remain unoccupied while construction is in the area per an agreement between Williams and Bargath. TABLE 2 – Occupied Structures Located 350 feet or Closer to Proposed Pipeline Residence Distance from Residence to Pipeline (feet) Approximate Station Location Couey 350 118+00 Dumas 120 315+00 Dumas 200 317+00 Rose 80 345+00 Rose 120 344+00 Bible Camp 100 350+00 Westfork 200 972+00 Analysis of Noise from Kokopelli Phase II Pipeline Construction Project page 4 November 11, 2011 PIPELINE CONSTRUCTION ACTIVITIES AND EQUIPMENT For the purposes of the noise analysis, the construction of the pipeline was broken down into ten phases. For each phase, the type of equipment to be used and its maximum noise level at the reference distance of 50 feet are listed in Table 3. The equipment to be used for each phase was provided by the Project, and is the same as that proposed for the approved Kokopelli Phase I Pipeline installation project. Note that while the project as a whole may use more equipment than is listed below, the number listed is the maximum quantity that is intended to be used during each phase in a particular geographic area. The maximum noise levels listed in Table 3 were obtained from the Federal Highway Administration’s Roadway Construction Noise Model (RCNM) v1, which is a database of construction noise levels that was developed for the Central Arterial/Tunnel project in Boston, Massachusetts, and is in our opinion the most comprehensive construction noise database currently in existence in the United States. The 50 foot noise levels were then propagated to the other distances analyzed using the standard loss rate loss of 6 dB per doubling of distance. TABLE 3 Noise Sources and Maximum Noise Levels for Kokopelli Phase II Pipeline Project PHASE EQUIPMENT # DEVICES USAGE (%) MAX NOISE LEVEL AT 50 FEET (dBA) PRE-CONSTRUCTION STAKING Pickup truck 3 40 75 (manually stake work space) MOBILIZATION Pickup truck 6 40 75 (transport equipment to site and staging areas) Tractor trailers 6 40 74 CLEARING AND GRADING Pickup truck 6 40 75 Dozer 2 40 82 (brush clearing, soils removal, and grading) Patrol grader 2 40 85 Brush Hog 1 40 84 Track back hoe 2 40 78 Wheel back hoe 2 40 78 EROSION CONTROL Pickup truck 6 40 75 (earthen berms, trenching, rock check dams) Dozer 2 40 82 Track back hoe 2 40 78 Wheel back hoe 2 40 78 Dump truck 1 40 77 TRENCHING Pickup truck 7 40 75 (trenching and boring ditches) Trenching machine 1 50 80 Horizontal boring machine 1 50 83 Analysis of Noise from Kokopelli Phase II Pipeline Construction Project page 5 November 11, 2011 TABLE 3 (continued) Noise Sources and Maximum Noise Levels for Kokopelli Phase II Pipeline Project PHASE EQUIPMENT # DEVICES USAGE (%) MAX NOISE LEVEL AT 50 FEET (dBA) TRENCHING (continued) Directional drill machine 1 20 79 (trenching and boring ditches) Track back hoe 2 40 78 Wheel back hoe 2 40 78 Air compressor 2 40 78 PIPELINE INSTALLATION Pickup truck 11 40 75 Stringing truck 4 40 75 (pipe delivery, unloading, bending, welding) Flat bed trucks 4 40 74 Truck and flatbed trailer 4 40 74 Dump truck 1 40 77 Pipe bending machine 1 20 80 Welder truck 6 40 74 X-ray van 2 40 75 Side boom 4 40 83 BACKFILLING Pickup truck 7 40 75 (lower pipe, material delivery, backfill, compacting) Padding machine 1 40 85 Dozer 2 40 82 Track back hoe 2 40 78 Compacting machine 1 20 83 HYDROSTATIC TESTING Pickup truck 7 40 75 Water trucks 4 40 79 (pushing, cleaning, drying pigs) Air compressor 2 40 78 Water pumps for dewatering 4 50 81 Water pumps for pressure test 2 50 81 CLEANUP & RESTORATION Pickup truck 7 40 75 Dozer 2 40 82 (final grading) Patrol grader 1 40 85 Track back hoe 2 40 78 Demobilization Pickup truck 7 40 75 (removing equipment) Tractor trailers 5 40 74 Analysis of Noise from Kokopelli Phase II Pipeline Construction Project page 6 November 11, 2011 NOISE ANALYSIS RESULTS The maximum noise level from the combined operation of all equipment on each phase of construction of the Project was predicted at the 350 foot boundary and at each occupied residence located closer than 350 feet to the pipeline using the noise emission factors described above. The results of these calculations are shown in Table 4. The predicted noise levels at the closest occupied residence (worst case) using typical construction equipment are shown graphically in Figure 1. The predicted noise levels at all distances and all phases range from 58 dBA to 84 dBA. The levels at the more distant five residences are all below the maximum permissible noise level of 80 dBA specified by COGCC Rule 802 using standard construction equipment. However, at the closest residence and at the residence/camp, which are located 80 to 100 feet from the proposed pipeline, predicted construction noise levels range from 71 dBA to 84 dBA and exceed the 80 dBA limit for certain pieces of typical construction equipment. In order to bring these levels into compliance, the following equipment must be shown to be no louder than 80 dBA at a distance of 50 feet under full load operating conditions when operating between Stations 313+00 and 321+00 and between Stations 341+00 and 348+00: dozers, graders, compactors, side booms, compacting machines, and brush hogs. The predicted noise levels at the closest occupied residence (worst case) using equipment with a maximum noise level of 80 dBA at 50 feet are shown graphically in Figure 2. Thus, noise levels from the proposed Project are predicted to be in compliance with the COGCC Rule 802 and Garfield County Unified Land Use Resolution Section 7-815 both at a distance of 350 feet and at all occupied residences in the area, provided that the equipment listed above is no louder than 80 dBA at 50 feet when operating near Stations 316+00 and 344+00. Finally, no nighttime construction is anticipated, nor were nighttime activities included in this analysis. TABLE 4 Maximum Noise Level During Each Phase of Construction Using Standard Equipment (dBA) Phase 350' (Boundary) 325' (One (Residence) 175' (Two Residences) 95' (Two Residences) 75' (One Residence) 55' (Residence/ Camp) PRE-CONSTRUCTION STAKING 58 59 64 69 71 74 MOBILIZATION 58 59 64 69 71 74 CLEARING AND GRADING 68 69 74 79 81 84 EROSION CONTROL 65 66 71 76 78 81 TRENCHING 66 67 72 77 79 82 PIPELINE INSTALLATION 66 67 72 77 79 82 BACKFILLING 68 69 74 79 81 84 HYDROSTATIC TESTING 64 65 70 75 77 80 CLEANUP & RESTORATION 68 69 74 79 81 84 DEMOBILIZATION 58 59 64 69 71 74 Analysis of Noise from Kokopelli Phase II Pipeline Construction Project page 7 November 11, 2011 FIGURE 1 – MAXIMUM NOISE LEVELS AT CLOSEST OCCUPIED RESIDENCE (55 FEET) USING STANDARD CONSTRUCTION EQUIPMENT FIGURE 2 – MAXIMUM NOISE LEVELS AT CLOSEST OCCUPIED RESIDENCE (55 FEET) USING CONSTRUCTION EQUIPMENT WITH MAX NOISE OF 80 dBA AT 50 FEET 30 35 40 45 50 55 60 65 70 75 80 85 90 P r e d i c t e d N o i s e L e v e l ( d B A ) Phase of Pipeline Installation COGCC Noise Level Limit CL E A R I N G A N D G R A D I N G ER O S I O N C O N T R O L PI P E L I N E I N S T A L L A T I O N BA C K F I L L I N G HY D R O S T A T I C T E S T I N G CL E A N U P A N D R E S T O R A T I O N MO B I L I Z A T I O N PR E - C O N S T R U C T I O N S T A K I N G TR E N C H I N G DE M O B I L I Z A T I O N 30 35 40 45 50 55 60 65 70 75 80 85 90 P r e d i c t e d N o i s e L e v e l ( d B A ) Phase of Pipeline Installation COGCC Noise Level Limit CL E A R I N G A N D G R A D I N G ER O S I O N C O N T R O L PI P E L I N E I N S T A L L A T I O N BA C K F I L L I N G HY D R O S T A T I C T E S T I N G CL E A N U P A N D R E S T O R A T I O N MO B I L I Z A T I O N PR E - C O N S T R U C T I O N S T A K I N G TR E N C H I N G DE M O B I L I Z A T I O N Analysis of Noise from Kokopelli Phase II Pipeline Construction Project page 8 November 11, 2011 Please contact our office with any questions at (303) 666-0617. We hope that this will satisfy the requirements for your permit. Sincerely, Michael Hankard President Full Member of the Institute of Noise Control Engineering Member of the Acoustical Society of America Bargath LLC Kokopelli Phase II Pipeline-Development Plan Review for Right- of-Way Application Submittal Item Tab 23. Contact person for Bargath LLC for Garfield County to contact for Garfield County inspection. 9-111 (A) Bargath LLC-Authorized Representative Mr. Tom Fiore-Cell: (970) 210-1641 Email: Tom.Fiore@williams.com Bargath LLC 1001 17th Street, Suite 1200 Denver, CO 80202 Thank you for your assistance on this project. Please contact me with any questions. Sincerely ~~~~ Philip B. Vaughan President PVCMI-Land Planning Division Page I of 1 Bargath LLC Kokopelli Phase II Pipeline-Development Plan Review for Right- of-Way Application Submittal Item Tab 24. Colorado Professional Engineer responsible for certifying that the project is complete and for providing digital copy of the surveyed pipeline as- built. 9-111 (A) Surveying of pipeline as-built and providing a digital copy to Garfield County and Statement of Completion of Project Mr. Larry Bodyfelt, PELS Engineering Manager D. R. Griffin & Associates, Inc. Professional Engineers & Land Surveyors 1414 Elk Street, Suite 202 Rock Springs, WY 82901 Phone: 307-362-5028 Fax: 307-362-1056 Cell: 307-389-0371 Email: lbodyfelt@drg-wy.com Page 1 of2 Thank you for your assistance on this project. Please contact me with any questions. Sincerely ~9:,~~ Philip B. Vaughan President PVCMI-Land Planning Division Page 2 of2 Bargath LLC Kokopelli Phase II Pipeline-Development Plan Review for Right- of-Way Application. Garfield County File PDPA -7056 January 9, 2012 Ms . Molly Orkild-Larson, AICP, RLA Senior Planner Garfield County Building and Planning Department 0375 County Road 352 Building 2060 Rifle, CO 81650 Dear Molly, Please consider the attached materials a reply to your November 30, 2011 letter of technical incompleteness. C . Ownership * Janet E. Graham Attached is a Quit Claim Deed dated May 4, 1994 recorded in Book 981 Page 878 between Ruth Vernita McDermott and Lester A. and Janet E. Graham . *Gretchen Dumas Attached is a Supplemental Affidavit prepared by Daniel LeMoine recorded as reception #804701 dated 7/1/11. Additionally attached is a Quit Claim Deed between Daniel A. Dumas and Gretchen Dumas and both parties as joint tenants with rights of survivorship dated May 12, 2004 recorded as reception #652076 on May 13, 2004. Page 1 of2 *Rudolph Associates, LLC Attached is Robert Erik Rudolph Statement of Authority dated 12/6111, recorded as reception #812041 dated 12/14/11. *Rancho Grande & Marilyn L. Heath, LLC Attached is a Warranty Deed dated December 3, 1997, recorded as reception #517526 dated December 8, 1997 from Marilyn L. Heath Living Trust to Marilyn L. Heath LLC Attached is a Personal Representative's Deed (Testate Estate) dated December 24, 2003, recorded as reception #44355 dated January 9, 2004. Attached is the Marilyn L. Heath Statement of Authority dated 12/6/11, recorded as reception #812633 dated 12/30/11. Attached is the Jack Vassar Statement of Authority dated December 5, 2011, recorded as reception #812040 dated 12/14111. *Sandra J, Hotard Attached is the Sandra J. Hotard Power of Attorney dated 12/16/11, recorded as reception #812420 dated 12/23111. The effective date of this Power of Attorney is 9119/11. *Tab 5-Item GG-Union Pacific Railroad Agreement. Please find attached the executed Pipeline Crossing Agreement between Union Pacific Railroad Company and Bargath LLC dated I1/14/ll. Thank you for your assistance on this project. Please contact me with any questions. Sincerely ~~.~~ Philip B. Vaughan President PVCMI-Land Planning Division Page 2 of2 November 30 , 2011 Attention : Phil Vaughan PVCMI -Land Planning Division 1038 County Road 323 Rifle , CO 81650 Garfield Co~nty BUILDING & PLANNING DEPARTMENT RE: Kokopelli Phase II: Pipeline Development Plan Review for a 16-inch natural gas pipeline (PDPA-7056) Dea r Phil, I am writ ing this letter regarding the Bargath , LLC application for a Pipeline Development Plan Rev iew for a 16-inch natural gas pipel ine. At this time the applicati on does not include all required information per Garfield County Regulations. The application is therefore deemed technically incomplete and the Planning Department will not process this application any further until the following information, listed below, has been provided to the satisfaction of this office . Please address the follow ing items and submit three copies of the modified information to this office so that we may continue the review of this application . ULUR ·Section 9-104 Development Plan Submission C. Ownership • Property owned by Janet E . Graham : It appears that Ruth Vernita McDermott is deceased and the prop erty passed to her heirs . Please confirm that the Easement Agreement identifies all hei rs/assigns that a re now in possession of the property; • Property owned by Gretchen Dumas: The Warranty Deed at Reception No. 419739 does not identify Gretchen Dumas as a joint tenant. However, she might be so identified in the Deed at Book 1587, page 432 . If this is accurate , please provide a copy to the County of this additional deed ; • Property owned by Rudolph Associates, LLC : The Statement of Authority for R. Erik Rudolph needs to be recorded with the Garfield County Clerk and Recorder. Please provide the County w ith a reco rded copy of this document; and , • Rancho Grande & Marilyn L. Health, LLC : There are several tasks that need to be done regarding this land owner. First, provide a recorded Statement of Authority for Jack Vassar to act on behalf of Rancho Grande LLC. Second, none of the deeds submitted show ownership by Marilyn L. Heath LLC ; yet this entity is identified in the Pipeline Easement as a property owne r. If Marilyn L. Heath is, in fact, a property owner, then the Articles of Incorporation are acceptable in li eu of an SOA but 0375 Cou11 ~1' Road 352, Building #2060 • Rifle, CO 8 1650 (970) 625 -5 900 • Fax: (970) 625 -5 939 I 08 Eig hth St reet, Suite 40 I • Glenwood Sp rings, CO 81601 (970) 945-8212 • Fax: (970) 384-3470 only if the County also gets a copy of the Operating Agreement (since the Articles specifically state that Marilyn L. Heath's authority as Manager of the LLC is "restricted by provisions of the Operating Agreement."). If the County can't get a copy of the Operating Agreement, then we'll need a Statement of Authority. If Marilyn L. Heath LLC is not a property owner, th~n the County won't need this additional information. I Please note : The key component for the County is an ind ividual's authority to act on behalf of an entity landowner, not the company contracting with the landowner. With this in mind, Bargath should be aware that the grant of Power of Attorney to Sandra J . Hotard was effective through September 18, 2011 which we believe expired prior to the execution on behalf of Bargath of at least one of these pipeline easements. Bargath may want to update her authority. Do not hesitate to contact me in the event you have any questions. Sincerely, Molly Orkild Larson, AICP, RLA Senior Planner Building and Planning Department 970 .625.5903 2 ... lHISIJEID. .... IWI 4th _... May '19514 • llt.s ;tuth Vernl t.\ IAcJII!mott ~nd luur ,\, Graharr. Ml:f Janet E. Onharn tllllr ""Co.lrlll Denver and !lremont _.._a( --... l.ettiJ' A, Gr&hill!l a"ld Janet E, Grahl!!! joint tenanta n to "'" undlvidN l/2 tntn .. t 'lnd iluth VerniU Mc8tl'mDI.t an und1vldtd 1/2 lnttr .. ..._.._.,._II 141!) ).{oJ'J'hon Road, Canon City, 1o and '--------- 26"P, South Hll]h St.,O.nvn, Co aftlr ~a( Pumont and O.nver wrrNES!ETH.lliiiO........_for .. ill .......... fl .. _rl ilO,OO 1nd 0VC -.............. ....,.d ...... .....,............. ....... ........... Qtnr~-- ......... ... ............ QUJI'QMIII .... ~ ~ .... ,. bMr,ll&lriJIII, .. ~dlill--'tltlklldll ...... ..,.. ..................... . ......,_.,lf..,..._biiii_,Wtllll• O..,fll O.rltald ...,_., ~-....IIIIIIIB. TCMNSHIP 7 SOUIH, IWG! 92 lEST a: THE 6th P,J,I, Section 18t tot 2 len· the Eut 3 fern. TLP§HIP 1 1Mt1· fW!B 'N pt w 111 !ash P·!l. Section 13a E 1/2 N! 1/~ ....... .,_ ....... _ 10H.WIAND1011flLD1111-.~-~~------...... .._, ......... .. ......................................... ~ ............... ~ .... .....,. ... ...,.,..._..._.._,....,.,.,........,their .......... ...._ INwm..._Dtiii*IMIII .................... ..... ai¢a-/f:_, , __ ,It ...... ., .............. SUPPLEMENTAL AFFIDAVIT STATE OF COLORADO ) ) "· COUNTY OF GARFIElD ) DANIEL D. LeMOINE, being sworn, states that be is of legal age and has personal knowledgeofthefactthatDANIELA.DUMASisthesamepersonasDAN1ELA.DtJMASreferred to in the copy of the Death Certificate certified on May 5, 2010, by the slate registrar of vital statistics for the State of Colorado and was at the timeofbis deathonApril24, 2010, the owner in jointtenaacy with GRETCHEN B. DUMAS, bythBtdeediCCOI'dedinBook 1587 atPage432 in the office of the Garfield County Clerk and Recorder of the followiog real property situate in Garfield County, Colorado: SEE EXHIBIT A ATI'ACIIED HERETO AND INCORPORATED HEREIN BY TIIfS REFERENCE abo known as 7671 County Road 319, Rifle, Colorado 81650 formerly known by street and number as 7669 County Road 319, Silt, Colorado 81650 and thet affiant has no record interest in said real~ e D. oine Subscribed and sworn to before me on this3e':t;4day of r 2011. My commission expires: t/-lrF · ~/:J ~"=!).~ No PUbliC ---------c .. ---.-----·----------:-. 1. EXHIBIT "A" Pardal 1 I . A parcel of land in· the 81/2 of Section 14, Township 7 South, Range 93 West of the. 6th P.M. being a portion of that parcel of land described in Book 534 at Pa~e 474 in the office of the Garfield ·county Clark and Recorder and be~ng more particularly described as follOWS I r· Beginning at a point whence the East.1/4 Corner of said.Seotion 14 ·bearl!l, North-•58°37'02 11 •· Bast 2790,84 feet; thence South 116.0 69 1 0611 East · 543.24 feet; thence South 03°04'19 11 West 199.27 fest to a point in tha.southerly"right of way fence of county Road No. 319; thence along~ ·: .. said•. fenca •. :.lina . south 63°06'0:>11 west 309,07 feet; thence· south a ik 75°44 1 09 11 l•W&et.-212.70 .feet; thence departing said fence line Northl :'(:! 06~48106"j·West.422.85 feat·t.~ the POINT OF BEo/NNING. ,,. 1:·.-t•.,J .. ,,_. ____ . ~-. I .. / '·· ~,, :." Parcel 2 J.-•. ·.l \f0.\.1\111 LJt' • ._,, Mparoellof<land in the S1/2 of Section 14 1 . Township '1 south, Range .. · ,., , 93 weat.·of<ithe' 6th P,M, being a portion of that parcel of .land described lin Book 534 at Page 474 in the office of the Garfield County Clerk and Reoorder,and being more particularly described 1 ~s follows: . ,,;. (.,. 1 '· , 1 ·: .;~ • • ;' ... , . : 'lf-'H~ Beginning' at the BE Corner of said Section 14 whence the East 1/4. Corner of said section 14 bears North 00"22'53 11 East 2647.79 feet;· thence·!•Soutb.:89~40 1 44 11 West 2629.74 feet to the South lf4 .. Corner of said,Section 14; thence North 89°18'15 11 West 1268.13 feet along the south line of said Section 14 to a point in the Easterly right of way fence II•OfL>I•County Road 319; thence continuing along said fence • North 00"41'511!. West 438.04 . feet; thence 55,60 feet along the· arc\ of a curve to·:the.right having a central angle of 79°39 1 17 11 and a radius of~>4D.OO feet the chord of which bears North 39"07 1 18 11 East 51.23 faetr thence llorth 78°56 1 26 11 ·East 1543,68 feet; th•nca North 76°44'09" Bast 212,70 feat• thence North 63°06'05 11 East 309.07 feetj. thence Korth 64•10 1 04 11 l!ast 46,18 feet;·therice North 74"47'3111 East:, 733,23 feet; thence North 80°53 1 52 11 l!ast 163.55 feet; thence North. 88°33'13" East 30,27 feet;· thence south 81"27'25 11 East 936.43 feet to the' ji:ast line. of 'srdd sechon. U; thence south 00"22'53 11 East 1066.85 feat to.the.POINT OF BEGINNING, ,.. . . .. I l . , I ' 111~1111m m111111111•11111111~11111111~ 11~ 1111 852811 0!1/1S/2el4 11:48A 81587 P432 n IUDOAF 1 et 2 R 11.11 D II.MI GARFIELD COUNTY CO QUIT C!.AIM PEED THIS DEED, made this /;/ day of May, 2004, between DANIEL A. DUMAS and GRETCHEN S. DUMAS of the County of Garfield and the State of Colorado, Orantors, and DANIEL A. DUMAS and GRETCHEN S. DUMAS, as joint tenants with rights of survivorship, whose legal address is 7671 County Road 319, Rifle, Colorado 81650, Grantees. WITNESSETH, that the Grantors, for and in consideration of the sum ofTen (SIO) dollars and other good and valuable consideration, the receipt and sufficiency of which i~ hereby acknowledged, have remised, released, sold IUld QUIT CLAIMED, and by these presents do remise, release, sell and QU1T CLAIM unto the Grantees, their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the Grantors have in and to the real property,together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: See Exhibit "A" attached heteto and incorporated herein by this reference, also known by street and number as: 7671 County Road 319, Rifle, Colorado 81650, formerly known by street and number as 7669 County Road 319, Silt, Colorado 81652. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereWJto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsuever, of the GNntors, either in law or equily, to the on1y proper use, benefit and behoof of the Grantees, their heirs and assigns forever. IN WITNESS WHEREOF, the GrantorS have executed this deed on lh.c date set forth above, ril£~-az; Daniel A. Dumas STATE OF COLORADO ) ss, Cot.flHY OF GARFIELD ) '$ • G hen S. Dumas The foregoing instrument was acknowledged before me on this -..l2_ ~yofMay, 2004, by DANlEL A. DUMAS and GRETCHEN S. DUMAS. Witness my hand and official seal. My commission expires: _ _,t>.::_-;J"'-'>.'"-:<"'"-Lz __ lllllllilllllll ~Ill ~1111111~111 W IIIIIIIU 1111 eze18 t:e/13/2114 11:41A 81817 P433 tl RLSOGRF 2 of 2 R 11.at D 8.18 GARfiELD COUNTY CG EXHIBIT "All Paroel 1 I . A parcel of land in the Sl/2 at Section 14, TQWnahip 7 south, Rang•. 93 Meat of the. 6th P.M. being a portion of that parcel of land described in Bbok 534 at Page 474 in the office of tha Garfield ·eaunty Clerk and Reoordar and being mora particularly described aa tollowal Beginning at a point whence the East 1/4 corner of said Seotion 14 .. bejra.lfortb.d58'37 1 02 11 .. Bast 2790.84 feetJ thence South D6.'50'06" East 543.24 fntJ thenoe South 0Ja04'19" West 19'9,27 feet ·to a pOint in tha.soutbarly~.right of way fence (lf County Road No. 319; thence alonq .. ·; said•. fanoa .. :.Hna . South 63°05'05" wast 309.07 teet; thence south~ ·1· 75'44'0SI"••Waat.212.70 featt .thence departing aaid fenoe line North~ ~::~ 06•48t05•~·Waat 422.8!5 feat to the POINT Ol" BEGJNNING, 1:, p,, J '·: ... •·. · I ... _ .. Parcel 2 I., · I ~'6\.l•,lil l.>f .,\\ Atparoallofcland in the Sl/2 of Section 14 1 Township 7 South, Rangao} 93 Weat,·oftitbe• 6th P.M. being a portion of that parcel of .laneS de•aribed lin Book 534 at Page 474 in the office of the Garfield County Clerk and Recorder,and being aore particularly described 1aa follOW&I · .u {•I : • ' 1 · ,.;J •• ~· ·'. -. ~ ... 1~ Beginning at the SB Corner of aaid Section 14 whence the East 1/4 corner of aai_d Section U bears North oo•22'53 11 East 2647.79 faat1· thenoar-South.:89•40'44• Heat 2629.74 feet to the south 1/tf.-corner of aaid,Saotion 141 thence North 89'18'151' West 1268,13 feat along the South line of said Section 14 to a point in the Easterly right of way tenae lhOf~li•CoUnty Road JU; thence continuing along aaid ranee .Korth oo•41'51~ weat 438,04 feet; thence 55.60 t .. t along the·arolof a curve to·:tha.right ho..ving a cantral.angla of n•38'17• and a radius ot~I40.00 teet the obord ot which bears North 39•07'18~ B~st 51.23 feat, thane• NOrth 78'56'26• Baat 1543.68 faatt th~ca Ncrth 75•44'09" Baet 212,70 feat; tbenoa North 63•05'05• Bast 309.07 feet;. thenoa North 64•t0'04u Ba•~ 46.18 faat,·thanoa North 74'~7'31" Baat, 733,23 feet1 thenoa Harth 80'53'52" Bast 163.55 faatJ thence North. 88•33'13" Eaat 30.27 teat· thence south 81'37'35" Eaat 936.43 feet to the-East line ot ·ao.id Saofion.l4J thence South o0•22 1 5J" Bast 1066.85 feat ta.the.POINT OF BBGIHHIHG • ... / •'I· •i..''.: ,. 1111 W.ol'~,il'llllrt'J~rt'.it IWI',IIIIr.!Jiol(~lr:fln~1111.~·~ IIIII Re.ceptlontl: 812041 . 12/14/2011 03:10:39 PM Jaan A0lbo00noGoRRFI!:LO COU~TY CO 1 of 1 RGC Fe&:$11.00 Doc Fea: , STA TEMBNT OF AUTHORITY (Section 38-30-172) 1. This Statement of Au'thority relates to an entity named Rudolph Associates, LLC., 2. ·n1is is a Limited Liability Com1lany formed under the laws of the State of Colorado. 3. TheMailingAddressfortheentityis:A273o'i Jq70it f:o~ftbr CO li'V3Q7 4. Robert Erik Rudolph is not limited in his authority to bind the entity, and is the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity. 5. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38- 30-"J 72 of the Colorado Revised Statutes. 6. This Statement of Authority Amends and Supersedes in all respects any prior Statements of Authority e-xecuted on behalf of the entity. Executed this _(1 *_day of December, 20 II. Nal!le: Rudolph Associates, LLC. By: Robert Erik Rudolph Title: Manager STATE OF __ (&farct A, __ COUNTY OF R() r1 tk<!C. Before me, a Notary Public, in and for said County and State aforesaid, do hereby certifY that Robert Erjk ll.Yd..W.uh. whose name is subscribed to the foregoing instrument as Manager for Rudolph Associates, LLC, appeared before me this day in person and acknowledged that he executed said instrument as his free and voluntary act and deed for the uses and purposes there set forth. Given under my hand and Notarial Seal this j_ day ofD~ ---. NotaryPublic ~ ~£k .e__ My Commission expires: Q s I L7 I WI 2_ {I 8.'~·~m~p~~~~-"" ~~SEPH VIDAL TARY PUBLIC E OF COLORADO Mv Gnrnmissif'l'l i;r.plres 05129/2012 ·-· -... o'rtoo:l __ ,.._ l\II~~~~~!!JIJJ!lli ll!JMI!l~ IJI!!JUVI 1 of 1 I I.IMI 0 e.ee GARFI!LD etum CO WARRAN'JY DEED THISDEED,Madeu.b 3rd dQof December .. _ MARILYN L. HEATH, Trustee of the MAR1LYN.L. HEATH LlV.ING-T.RUST ... ,1997 ' ea...•ror Payne ,&u1od ....... .,llWWII)IDd Oklahoma Marilyn L. Heath LLC wlooH leplltddms 0. 2121 S. Countryside Drive Stillwater, OK 74074 oflhe C011•1ror Payne WtTNESSnH, Th.ltlbeJtlliU$J.I'or aDd III((IU!derllioDol'lhcJU>~~of None lilt~ end ~!leY ottrll~& i1 bettby odt-srdp4.11.1 8 amac4. blrplncd, ~d ed """'~ aorJ by tMw pm&a~lclo pan'l',bi>Jaln, .cii.!ICIIMY.&IICI-lnn,wutboJml!oo{o), her ltitaud lMII"'foftoor,.UUaotealpmpcny.t.,....,...!lh ;.,.,.,..IIIHIIS.IfuMiiiii!C.¥111:111dbclr~jllllllc Col>r~~yot Garfield ,Stllcoi'Ccb&olo. dacribcduli:lll<:lwa: Fi~ty percent (501J o~ the followinv. pro~erty: Townshin 6 South Range 94 Nest. 6th P.M. Section 27: LOt t and ail of that uart of Lots 4 and 5 lyinr. on top and P.est of the-top of -Hebster Hill Section 28: Lets 2, 3, and 4: S/2 NE/4, NE/4 SE/4: Also a tract of lend situated in the SE/4 Nt-1/4 containinr. 4.6 acres described as follows: llso kDrrwll b)' otrul Pd 1111111W u: Beginninp at a noint whence the meander corner on the West line of said Section 28 bears South 86 52 1 East 1383.7 feet; Thence South 475.0 feet: thence South 59 13' East 836.0 feet; thenee North 36 00' West 1120.0 feet, thence South 86 52' West 60 feet to the point of beP.inntnr TOGITH"l&willldandliqllllrlblliolftdlll.lllllti...,QIIIW!e•l-lloft"OI<I~Irill&o,.....,~abls.llldlkmwlioaud _..., maaiDdD Uld I"'::Nhddn. raas. ISSIIU and prolts tllcrwf. n alltk etta~ riJhl, !ilk, btlonl. $1m """ .... 114 ~of tho&rWor(IJ,dlhcrir>lnl!f;qu.iiJtol'.lll8fld!GIMabM~ptcr~~iM,whbllMIIcft4i..,_.lll4oppur1CNMU. TOHA\'EANDTOHOt.DIIoealdpm~~iRJI""""~uddoSI:rlbedwil!olhc---.glllollie~ barw,. uoi"""""'~AM!Ioe~J,rar lid bcl!l•nciJICI'IDBOlrepmoatat:i¥el,doeS t(MIIIII'I,ITJIII, borpfa, uc1 "''"10 &ael w1111 tbt ponlftl(o). her 1•11,.. aad wiPI.Il>M at t.he 6rae of !be eol~llfi nd doli.uy oftlac PfGfti\S. -'lldndol'lhl pmaton•bl;wo~ bJS ~Nrc, pcr1eet.•biolut.cand k>dctuibkatatoorl•.........,., i~ ll.w, Ill ll:e li!IQ>k.udhf. 8 1004 rll)ot, f'llll.-randat!lorifyuo.,u~ ~lR.MllandC>:IIIOtJ'Ihc:Silltlln Qt.lanorlllllfilrm• ~. ud IIIII ibt -1r1l'noc: Pd dcu liom IIIIQtmU and Cl!bet Pl1'\l. Nrpiu, aJu. tim., lues. .........,."'., cn011G>In-. and ~orwt.n.-iindrr--e>.tept ~~ril Heath, Trustee MutJyn I Heath Ihrfng Tn16t STA.ll:Of"OQt:MI:ItQO Oklahoma ,,, d:&yol Dece111ber •• ~ 97 11·~~~=-~--=-====~ ~Jl..Jt.t-,J.U.. 'MUA!ftT.lUD(JW.II-rl). til ·li'oJI}~,. l./JuMI'J~~ /J.v .. ./ ~..-...170-JO..Do....:CD--c)DlJJH.UII0-1-«1 111; '·."'IJ''''.(:,;.,;.\A.c.U n .; .Q/-t."f...._,v b,•! tJ£ 10,.':)711 )( llllllllllllllllllllllnallllllllllllllllllllllllllllll 8443$5 011111112004 Uo!MIA ll!U P411 " ALSDORF l of 2 R 11,00 D 0,81 GAAI'liLD COOifiY CO (• 1~ , 1'\fi;~, '"''·l\ ':11 i\,ou'\•A>1 ,•H''' !,., .. ~ "J {1\!r, fMj)., .. ~·}) PERSONALREPRF.SENTATIVE'SDEED t I~ ·•IC r o \;. "'''~' (restate lhla.te) . lf.' , , G,,(.(.\~h\ thtr.1\ 1'\~()J;'I,,..·..:"·}r ~!If\\ TJUS DEED ismado by RobortT. Adnms,w Personal Representa:live ofthc EstateofRulh Vemilo Stauffer MoDennoU, Deoeased, GRANTOR, lo Stephen Tully McDennoU whose legal address Is 950 Leyden Street, Denver, Colorado 80220; MillY ( MoDennolt) AdamaEigltandour whoso legal address is 1963 SoulhHoUand Su.,t, Lftkewood, Colorado 80227: and Cheryl (MoDcnnoU) Ruth Griffith whosologaladdresols 611 Mounlalu Avenue, Berkeley Helgh1s, New Jersey 07922 GRANTEES, as TeDMis in Common and not ns Joint Tenants, WHEREA81heabove-Dam.«<dcccdentdied testate at Denver County, on February S, 2.003; WHEREAS, Grantor was duly appointed Penon,al Rep~eSeD{&tivo of said Bslato by the District Cowt in and for the City and County of Denver, and State ofColorndo, Probate No.03 PR 0585, on April28, 2003, and is now qualified and acting In said capaclly; NOW, THEREFORE, pursuant to tho powers conferred upon Orantor by the Cnlorado Probate Code, Gmntordoes: hereby seU, convey, ASsign, transfer and set over unto Grantees as the pcnions entitled to diJtributlon oftho property in the abovc·<nption<><lllstato tho following dosorihed real property slluateln the Cnunly ofCJarfield; StatoofCnlorado doacrihed a& follows: An undivided % Interest in and to tho following property: TQWNSJDP 7 SOUTH. RANOB 92 WEST OF Tim 6m l',M. SC<Ilon 18: Lot2lCHtboEBs13 ..,.,, TOWNSHIP 7 smmr. RANQB 93 WEST Q)l nm <imp M S«tion 13: B l/2 NB l/4 With oll appurtenances, subject to ooveoants. easernents and reslrictions of record, and subject to gencrul property taxes for tho year2003, andsubjecl to easements, nny covenants and rights of way ofr«ord, and IPQludlnganyand all appurlenMtoU tease sand mineral interests owned by Decedent at the time of her deoth on February S, 20D3, ., r. DEC-24-2003 \lEO tO: G. ,.rl SENDER W.SSERHAH PC FAOC ~1>. 3032967600 P. 03 _ .. ; ,__. --·-· ··-· ··-··· ··-· As u.ed heroin, tho singular lnolud.,tbo plutOlond tho plurnlt\\b singular. STATEOFCOWRADO ) ) ss ·coUNTYOFDJ!I>IVRR ) Robert T. Ad(lll\.!1, Persona\ Roprasontativc of the t!stato ofRuth V «nita StAuffer McDmuott, Deceased Tho fOro going hutiUIIlcnt " .. Bcknowlcdgod befoto roo till• :l.•/f'v doyofDeoombcr, ~~ by Robert T. Adams, ., Pcnonalitopr...,totlvo oftboBslatvofRlltb Vornl!a Sl8>tfforMeDennott, Deoe .. ed. Wltno!s my han<! and official ocnl. :.....xnmis5K>., O::;L o:-.1mmon~ 1112:410.\ lffiD lUU lTX/kl /iO 7607] ~~~c~:tJ!J\"!\~.!WI! IIH~:rtl~l,t~'lfll,ht~.~·~ IIIII () l 2!~0 {2~!~ ~:~~Jil~~HOo~e~~a~A~&S 1 8~riElD coutnY co STA'!'IlMilNT OF AUTIIORITY RECEIVED (Se<tion 38·31}.172) DEC 19 2011 DIVISION ORDER DEPT. I. 'lbl8 Statement of Authority relates to an en!fty named Marilyn L. Heath LLC., 2. Tbisl!la Limited Liability Company formed onduthc laws ofthoStato of Oklahoma. 3. ThoM~lliegAddres$forthuntityl!l: P t? §,x ;I, cfu.<-aJdtzf.e ct?K7~7b 4. Marilyn L. Hea!h is not limited in h« authoritY to bind !ha entity, and I• tho person authorized to execute lnsttuments conveying, encmnberlng, or otherwls<> affeotlng title to root proporty on behalfof!ha entity. s. This ~entofAuthorlty Js exe.:uted on behalfofthe entity pursuant to !haprovlslous ofSeotlon 38--31).!12 of the Colorado Revised Statutes. 6, This St\ttoment of Authority Amen~ and Supersedes ln aU resp<OIS any prior Slatemenltl of Authority oxeouled on bohalf of !he entity. srArnoF Ok-1?\.hoY\Il~ COUNTY OF \1 \ I \'\ J. \ Be foro mo, a Notary Public, in and fur said Coun\Y and Slate aforosald, do hereby certifY that M!!rlhm L . .!!WI!. wh.,..name is subsorlbed to tho forogoinginstrumont as 'nu.teo for Morllyo L· Heath LLC, appeared befOre mo this day In person and a<>knowlcdgcd tbnt she exe<utcd ssld ln•tnuuent ns herJ\w and volunlluy act and deod for tho uses and purposes !here set forth. Given wder my hand and Notarial Seal this~fDecember, 201 I. ~& RECEIVED DEC 12 2011 LEASE RECORDS 11V, V'f IV ' • l 1111 ~.~ofi\I~I,HI~IIIIl~t,lmfl:llll'il!r.!lrJI,Iri~ ~~~ IIIII ,I' R~ceptjonn: 812040 12/14/2011 03:10:38 PM JeM Rlberloc 1 of 1 Reo Fe~:$11.00 Doc Fse:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY (Section 38·30·1 72) 1. This Sh\t~mcnt of Authority rolare~ ro Rn entity named Rancho Grande, LLC,, 2, This is a Limited Liability Company formed under I he laws of the State of Colorado. 3. The Mailing Address for the entity is: 'lJmf '4-t?<f' Pe etc,'•') d< J i.)!J'?f 4. Jack Vassar is not Hmitcd in his authority to bind the entity, and is the penon authori"Zed to e~ec!liG instruments conveying, cncqmbering, or otherwise affecting tltle to real property Oil behalf of the 1,mtity . .S. TJlis Statement of Authority is executed on behalf of the enrity punuant ro the provisions of Secfion 38·30·172 of tho Colorado Rovisod Stat••••· 6. This Statement of At1thority Amends and Supersedes in an respeets any prior Sratements of Authority executed on behalf of the entity. Execut•d this rdayofDecernber, 2011. Nom¢; Rancho Grande LLC STATEOF OUC!)JomQ COUNTY OF j?Q ~ b'(\Sl Before me, a Notary Pt1blic1 in and for said County and State aforesaid, do hereby .certify that Jaok \fassar. whose name is subscribed to the foregoing instn1ment as Manager for Ranch Ou.nde LLC, appeared before me this day in person nnd t~cknowledged thai he executed said ins{ntment as his free '8nd voluntary aot and deed for the uses aml purposes there set for1h. Given under my hand and Notarial Sealthis 2_ day ofDee<mber, 201!. ~1\RA%]~ Notary Pnbllo ) My Commission expires: \ ['2..-/i Lf Stamp lllllll"~o f:lltii'.I.\IIIW rW,MIIri't+WI.rl~rrJI,W/\,~·~ IIIII Reoepllon»: 812420 1:2/23/:2011 \13:65:18 PH Jean AlberJoo 1 of 2 Reo Fea:$16.00 Ooo FM10.90 GARFIELD COUPJTY CO POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Bargath LLC, a Delaware limited liability company, having its principal place of business in the City of Tulsa, County of Tulsa, State of Oklahoma, hereinafter sometimes referred to as the "Company," does hereby make, constitute and appoint Sando·a J. Hotard, with the full authority hereinafter provided, the tme and lawful Attorney-in-Fact of the Company, authorized and empowered on behalf of the Company and in the Company's name, and for the sole and exclusive benefit of the Company and not on behalf of any other pcrsoi1, cooporation or association, in whole or in part, to entet· into, execute, deliver, file and accept the following described instruments and documents: (I) Agreements that grant easements, rights of way, licenses, or permits; (2) Releases and Partial Releases of easements and rights of way; (3) Agreements allowing encroaclm1ents ont(feasements and rights of way owned by Company; (4) Agreements subordinating easement rights; (5) Agreemeo1ts relating to the modification and relocation offacilities; (6) Rental or lease agreements and all notices related to lease agreements; (7) Agreements modifying, amending, renewing, extending, ratifying, forfeiting, canceling and terminating any and all of the aforementioned types ofinstmments and documents; and (8) Agrecments.to obtain the provision of utility setvices to fucilities, with such terms and conditions as said Attorney-in-Fact shall deem proper and advisable, giving and granting unto said A!tomey-in-Fact full and complete power and authority to do and perforn1 any and all acts and things as may be necessary and propet· in the premises. This Power of Attomey shall be effective as of September 19,2011, and shall continue in full force and effect until the earlier of (i) the date this Power of Attorney is expressly and duly revoked by the Company; or (ii) one (I) year from the effective date. Not by way of limitation, but by way of confirmation, the powers of authority confetTed shall extend to and include any and all of the instruments and/or acts above described which may pertain to lands of the United States of America, or to be acquired by the United States of America, lands of any state, lands of any fee owner, and tribal or allotted Indian lands. 1111 MI'J.f:.'li?.I.\MIL~tl'~l~ll'frlrir.IPJI,Iri~ IIH IIIII Rec~p~ionij; 812420 12/23/2Dfl 03:55:18 Pl1 Jean Alberloo 2 of 2 Reo Fe•J$!1$,00 Doc Flll&:e.OO GARFJELD COUUTV CO The Company hereby declares tlmt each and every act, matter and thing which shall be given, made and done by the said Sand•·• J. Hotard in connection with the exercise of any or all of the aforesaid powers shall be as good, valid and effectual to all intents and purposes as if the same hod been given, made and done by the said Company in its legal presence and it hereby ratifies whatsoevet the said Attomey-in-Fact shall lawf\tlly do or cause to be done by virtue hereof. IN WI1NESS WHEREOF, the tmdmigned has executed tltis instrument as of the ,&;17 day of December, 2011. BARGATHLLC ii!?ritt~-Timothy A. Penton Vice Pt-esident 1/Mfk /!_ dJ~ Witness STATEOFOKLAHOMA ) ) ss. COUNTY OF TULSA ) BEFORE MJil~ndersigned authority, a Notary Public in and for the State of Oklahoma, on this 'A!ay of December, 2011, personally appeared Timothy A. Penton, known to me to be a Vice President of Bargath LLC, who acknowledged to me that he has executed the above Power of i\ttomey as his free and voluntary act and deed and as the free and voluntary act and deed of Bargath LLC for the uses and purposes therein set forth. ----IN TESTIMONY WHEREOF, I have hereunto <*1fijt an of my office the day and year last above written. 2 A. '' ·'''' i' -' .l -··· J < ·- Pipeline Crossing 080808 Last Modific<l: 03/29/10 Form Approved. A VP~Law PIPELINE CROSSING AGREEMENT Mile Post: 393.01, Glenwood Springs Subdivision Location: Rifle, Gadield County, Colorado Folder No. 2702-79 THIS AGREEMENT ("Agreement") is made and entered into as of November 14, 2011, ("Effective Date") by and behveen UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor") and BARGATH LLC, a Delaware limited liability corporation to be addressed at One Williams Center, Attn. Eric Millet· Tulsa, Oklahoma 74172 ("Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by the Licensee and in fmther consideration of the covenants and agreements herein contained to be by the Licensee kept, obsetved and performed, the Licensor hereby gmnts to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate one 16 inch uncased pipeline fortransp01ting and conveying natural gas only across Licensor's track(s) and propetty (the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the print dated November 14, 2011 and marked Exhibit A, attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transpm1ing and conveying natural gas, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article 2. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Two Thousand Dollars ($2,000.00). Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set fotth herein and in Exhibit B, attached hereto and hereby made a part hereof. At-ticle 4. DEFINITION OF LICENSEE. For pmposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. If a contractor is hired by the Licensee for any work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall provide a copy of this Agreement to its contractor and require its contractor to comply with all the terms and provisions hereof relating to the work to be performed. Any contractor or subcontractor shall be deemed an agent of Licensee for the purpose of this Agreement, and Licensee shall require such contractor or subcontractor to release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnifY Licensor herein. Article 5. INSURANCE. A. During the life of the Lease, Licensee shall fully comply with the insurance requirements described in Exhibit C. B. Failure to maintain insurance as required shall entitle, but not require, Licensor to terminate this License immediately. C. If the Licensee is subject to stntutc(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this lease, those statutes shall apply. D. Licensee hereby acknowledges that is has reviewed the requirements of Exhibit C, including without limitation the requirement for Railroad Protective Liability Insurance during constntction, maintenance, installation, repair or removal of the pipeline which is the subject of this Agreement. Aa ·ticlc 6. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written . LROAD COMPANY BARGATHLLC ( ~ //1. /J"-' By: --~.LL .... --=-...::/_YWV _________ _ 7 Name Printed : E R.:r... ~: ll ~ ) State of Colorado County of }),cNVe/"G The foregoing instrument was acknowledged before me this Friday, December 9, 2011 by Eric Miller, Director of Operations of Bargath LLC a Delaware Corporation, on behalf of the corporation. · -·· . PLACE ARROV/ INDICATING NORTH I DIRECTION RELATIVE TO CROSSING .;;~ FORM OR-0404-C REV, 12-12-00 W"tlW, uprr, com ~s v~ -<' .. /} UNCASED GAS TRANSMISSION PIPELINE CROSSING J'YI 4~~~ NOTE: ALL AVAILABLE DIMENSIONS MUST BE fif NO SCALE FILLW IN TO PROCESS THIS APPLICATION. 1------• ·l&J~Y;t·"l£~:-------.. --'@"'-!-----•. ---"lF'~r--..ll<"'~J'""'-' --I ~ ~ 3 1 i<--J;:=5~2~25~1 ,,, •• i§~===j:===-:~ ~54t.9~·~'·=::;;-1 : 1 r .4lff 9 4 •j 1~56.5FT, 292,3fT, 3 ~ (§'/ (S££ h'()T£S 4 & 6) (S££ NOT£!. 4 a G) • 80.1 Ff, $A:. t-.r-~ .. ~ 10 Rifle lliEAAUJ R.lt. T0-.111 .. s A-= 83 .. 119 22 ' ~g.. I t"<-TO Parachute ~ ~ fu <J (rl.liCLE OF CROSSING) ~ (1\(,I,FIES.l A.R. TOlNJ ;!/ ~ ,--ftW.IIl TRAC'-~~--r~~+-~~~«~-r ·~--+-~~~~4-~~~+--+--~~-+~~~-+~~+--+--~ c< 11t ~CLOSEEDGEBOXCULVERT CENTERWELLACCESSROAD ,I I' '7; .,,.,:;-ill1Jiff;-. ----------->1 ,;. $IJ '.!111 {HOW Ttll5 DII.IEHSiotl REOUIREO IH All CASES, ~~ , Jr.C? tDEst,t5~~~!J,~ :,aJttTI ., !otscn(\~/I~W ~1JterrJ 1 .j .:J s2.2 j"· lo;. 1 .._ .U lOCA'JJDm HOT USfHO: SECHOIIS, DISTAl'{(( / TO A LEOAl !,Uft'JE.Y LUlE IS. AEOOIRE0")---;1;-------•-_______ _.. ___ • • ----! f 11'.1'!; Riff '"" .. "'- !SEE NOTE 2___../-l!, ... :-------SEENOTE 2~ • llf<·--,MA=RK:;;Ec;:R- l$46 lbto l) _....L.:::~=:;;;:;,;;;==2:~SU~BORADE I ~ r l I ROAOOED ~ 2§JL FT. IV) ( 10 FJTlii!J.I,) 1!)• f2 7.2 FT. 2~.~ FT, (6 FT,lloi!N.j • ®!d ! I . "-.CARRIER PIPE (SEE r-:on: Sa 8) I«<TES l II At.l HQRIZQHt,l.\, OISTN~£$ TO fiE KASIJRE.O AT ftiCHT M'«.E$ FRCfH. or TRACK. 2:1 R£0U!SilES FOSI CAAAJEA l.lflE Plf"E !>HALL APPLY fROU R(Oitl•OF•WAY 10 RIG:HT·Of•li'AY, 31 ~AAI<EA: TO IHOICUE LOCAUC« OF PIPEUN£ AT RI~J-OF··AY LINE, II( AOOUIO.'i 1 11.AAIIERS SIULL fit INSTALL£0 AT loiUtiiiUI.I 500 FT. llfTEII't'A.U ALONG PIPtllll£ EOCROACHLIENTS .AHO AT L!ICATfOHS OF L!A..SOR CKmGE OF DIREOTIOH. <!I I.IINUW 01' 60' rROU THE EM) OF mt RAILR.<rAO MIO<i!t t OF 1m C\A.VEfll"t Olt '11.0'.4 00 SWITCHING AREA. 51 SIC!iAl IIEI'RESEIUATI'o'E WU 8£ PI\~SEPrt OUfliHO INSTAI.LAHOH IF IIAILROID SI~NALS IJIE IN Tlf£ VICJHil"t' Of CROSUHC. 61 AU4WA8Lt fiXEO 06J£CTS Jf«<.l(IE: 6A.CU.\lLS OF 6RIOOUJ t. Of ftOAO (MSSIMG~ a. OViRkrAO VIAW¢15 C O!Vt 1\0AO KA.t.lfl 1 OR CtA.VfiiTS, 71 CASIHO N«l CARRUI\ PIP£ Wlf 81: PlAC£0 A lolrNI&Mf OF 2: FEU S-U.OW THt UJ$TU~ FIBER Oi'TIC CA.SLE. ANY" EXC"AVA.TIO.'I R.Eil!JIREO II'ITitiN 4 FI:U 6F flit 1!>!1$111~ rflf..R OPTIC CAfll.t WU lit 11.1.1-U DUO. 81 CAIIRIEA f'"1P£ !.IJST 8E Of" ST~fl COU!TRUCTlON WITH CATHOOIC f'Mr£CTIOO f'I!:OYIOto AI IS PIPELINf: CROSSING WITHIN DEDICATED STREET ? __ YES;_X_NOI 81 IF YES, NAME OF STREET ____________________________ _ CJ CARRIER PIPE : EXHIBIT "A" tre>t V.llMil> liSt 0'1.¥ • C'O N)f Jrli\H JH 1~11 011<1 CO~mOIT't TO BE CONVEYEO 1uo IJOU!M &uonm NATURAL GAS OPERATING PRESSURE 1140 PSI WALL THICKNESS 0.375' ;DIAMETER 16.000" ; OJ METHOO OF INSTALLING CARRIER PIPE UNDER TRACKISJ: _X_DRY BORE AND JACK 1 WET BORE NOT PERIJITTEDJI I~IY\IC>!II M.P. :W··0 I E. sJt'lXl.Jd __ TUNNEll OTHER-------------------------- EI DISTANCE FROid CENTER LIN!: OF TRACK TO NEAR FACE OF BORING AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 81.4' I '0' IJIN. I FJ Will CONSTRUCTION BE BY AN OUTSIDE CONTRACTORf_X_YES; ___ NOi GJ APPLICANT HAS CONTACTED I•BOD-336-9193, U. P. COMMUNICATION DEPARTMENT, ANO HAS DETERMINED FIBER UN CASED fl.; fie.. lht.LUU ~ S!liiCm FOR B,.r~,, -\\., GAS PIPLINE AT c;,.,. CJ • \J... co lteo.:1!.1TJ ($llf(J LL( UUUClHTI OPTIC CABLE...lL_DOES; __ DOES NOT; EXIST IN VICINITY OF 1 ~:...::.~:.=~~==~---~~:::~=-! WORK TO BE PERFORMED • TICKET NO.------------------1- RR F I L E NO. 'l.lO''L -l ') Ji-ILJ-\I PENDING: CONTRACTOR WILL CONTACT UTILITY NOTIFICATION CENTER OF COLORADO, WWW.UNCC2.0RG. CALL 811 OR PHONE 1·600·922·1987 NOT LESS THAN TWO WORKING DAYS PRIOR TO STARTING TRENCHING, EXCAVATION AND BORING WORK IN THI: PROJECT AREA. WARHINO Ill All O~t.l.$10.'($1 U, p, ~ICUIOI'-S O£P.utrt.'£HT W$1" 9£ C:(»f(ACT£0 IN A.UYAHC!Of ANY 'roAA fO DETU<\!WE: OCI!.TU:C£ ANCI LOCATION OF rtOtR OPYIC CABLE. PI-'Ot/E 1 1-81»-llr-9193 Pipeline Crossing 07/20/08 Form Approved, AVP Law EXHIBITB Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modifY or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its propetty, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION. A. The Pipeline shall be designed, constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with (i) Licensor's current standards and specifications ("UP Specifications"), except for variances approved in advance in writing by the Licensor's Assistant Vice President Engineering-Design, or his authorized representative; (ii) such other additional safety standards as the Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineel'ing and Maintenance-of-Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"), and (iii) all applicable laws, rules and regulations ("Laws"). If there is any conflict between the requirements of any Law and the UP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All work pe1formed on propetty of the Licensor in connection with the design, construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C. Prior to the commencement of any work in c01mection with the design, construction, maintenance, repair, renewal, modification, relocation, reconshuction or removal of the Pipeline from Licensor's prope1ty, the Licensee shall submit to the Licensor plans setting out the method and manne1· of handling the wo1·k, including the shoring and cribbing, if m1y, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Licensor's Assistant Vice President Engineering Design, or his authorized representative, and then the work shall be done to the satisfaction of the Licensor's Assistant Vice President Engineel'ing Design or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such suppmt, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefore, all expenses incurred by the Licensor in cmuwction therewith, which expenses shall include all assignable costs. D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. E. In the prosecution of any work covered by this Agreement, Licensee shall secure any and all necessmy permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 3. NOTICE OF COMMENCEMENT OF WORK I LICENSOR REPRESENTATIVE I SUPERVISION I FLAGGING I SAFETY. A. If an emergency should al'ise requil'ing immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least len (I 0) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. The Licensee will comdinate its initial, and any subsequent work with the following employee of Licensor or his or her duly authorized representative (hereinafter "Licensor Representative" m· "Railroad Representative"): ROBERT J. GUTIERREZ MGR TRACK MNTCE 2790 D ROAD RM 2790 D ROA GRAND JCT, CO 81501 970 248·4244 B. Licensee, at its own expense, shall adequately police and supervise all work to be performed. The responsibility of Licensee for safe conduct and adequate policing and supe1vision of work shall not be lessened or otherwise affected by Licensor's approval of plans and specifications involving the work, or by Licensor's collaboration in performance of any work, or by the presence at the work site of a Licensor Representative, or by compliance by Licensee with any requests or recommendations made by the Licensor Representative. C. At the request of Licensor, Licensee shall remove from Licensor's property any employee who fails to conform to the instmctions of the Licensor Representative in connection with the work on LicensOI's property. Licensee shall indemnify Licensor against any claims arising from the removal of any such employee from Licensor's property. D. Licensee shall notifY the Licensor Representative at least ten (1 0) working days in advance of proposed performance of any work in which any person or equipment will be within twenty-five (25) feet of any track, or will be nea1· e1tough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machine1y, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Licensor's track(s) at any time, for any reason, unless and until a railroad flagman is provided to watch for trains. Upon receipt of such ten (10) day notice, the Licensor Representative will determine and inform Licensor whether a flagman need be present and whether any special protective or safety measures need to be implemented. If flagging or other special protective or safety measures are performed by Licensor, Licensor will bill Licensee for such expenses incmred by Licensor, unless Licensor and a federal, state or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state or local govemmental entity. If Licensor will be sending the bills to Licensee, Licensee shall pay such bills within thirty (30) days of receipt of billing. If Licensor performs any flagging, or other special protective or safety measures are performed by Licensor, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement. E. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight- hour day for the class of flagmen used during regularly assigned hours and ove1time in accordance with Labor Agreements and Schedules i11 effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid fo1· overtime, Satm·days and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agt·eement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. F. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagman is fumished, unless the flagman can be assigned to other railroad work during a pmtion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Licensor is required to pay the flagman and which could not reasonably be avoided by Licenso1· by assignment of such flagman to other work, even though Licensee may not be working during such time. Whei1 it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional ten (l 0) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensot·. G. Safety of personnel, prope1ty, rail operations and the public is of paramount importance in the prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its contractor shall at a minimum comply with Licensot·'s safety standards listed in Exhibit D, hereto attached, to ensut·e unifonnity with the safety standards followed by Licensor's own forces. As a pmt of Licensee's safety responsibilities, Licensee shall notifY Licensor if it determines that any of Licensor's safety standards are contrary to good safety practices. Licensee and its contractor shall fumish copies of Exhibit D to each of its employees before they enter the job site. H. Without limitation of the provisions of paragraph G above, Licensee shall keep the job site free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the job. I. Licensee shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site, Prompt notification shall be given to Licensor of any U.S. Occupational Safety and Health Administration rep01table injuries. Licensee shall have a non-delegable duty to control its employees while they are on the job site or any other property of Licensor, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. J. If and when requested by Licensor, Licensee shall deliver to Licensor a copy of its safety plan for conducting the work (the "Safety Plan"). Licensor shall have the right, but not the obligation, to requh·e Licensee to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the design, construction, maintenance, repait and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT. RELOCATION OR REMOVAL OF PIPELINE. A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of its railroad and in the improvement and use of its prope1ty. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modifY the Pipeline, or move all or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's property, as the Licensor may designate, whenever, in the fllltherance of its needs and requirements, the Licensor, at its sole election, finds such action necessary or desirable. B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the prope1ty, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. A. The Pipeline and all pmts thereof within and outside of the limits of the property of the Licensor shall be designed, constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use oft he tracks, property and facilities of the Licensor and nothing shall be done or suffered to be done by the Licensee at any time that would in any marmer impair the safety thereof. B. Explosives or other highly flammable substances shall not be stored on Licensor's prope1ty without the prior written approval of Licensor·. C. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Licensor's trackage shall be installed or used by Licensor or its contractors without the prior written permission of Licensor. D. When not in use, any machinery and materials of Licensee or its contractors shall be kept at least fifty (50) feet from the centerline ofLicensOJ's nearest track. E. Operations of Licensor and work performed by Licensor's personnel may cause delays in the work to be performed by Licensee. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee shall coordinate its activities with those of Licensor and third patties so as to avoid interference with railroad operations. The safe operation of Licensm's train movements and other activities by Licensor take precedence over any work to be performed by Licensee. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Licensor's pro petty. Protection of the fiber optic cable systems is of extreme impmtance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except fot· holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licettsee's expense, and will commence no work on the Licensor's property until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, comt costs and expenses) at·ising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN TillS AGREEMENT, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS CONTRACTORS, AGENTS AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE LICENSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON LICENSOR'S PROPERTY. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES. A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnifY and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. B. The Licensee shall promptly pay Ol' discharge all taxes, cha1·ges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, constmction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable propo11im1 of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROl'ERTY. In the event the Licensee in any manner moves or disturbs any of the property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstmction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole ·expense, restore such property to the same condition as the same were before such property was moved or disturbed, and the Licensee shall indemnifY and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever natme, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, o1· damage to or loss or destmction of property whatsoever, when such injmy, death, damage, loss or destruction grows out of or arises from the moving or disturbance of any other property of the Licensor. ScctionlO. INDEMNITY. A. As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result fi·om: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or propet1y in its care or custody). B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND PERMISSION HEREIN GRANTED, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM ANY LOSS OR ANY KIND, NATURE OR DESCRIPTION ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): 1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY THIS AGREEMENT INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE PIPELINE OR ANY PART THEREOF; 2. ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO TillS LICENSE; 3, THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; 4. THE ENVIRONMENTAL STATUS OF THE PROPERTY CAUSED BY OR CONTRIDUTED TO BY LICENSEE; 5. ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER; OR 6. LICENSEE'S BREACH OF THIS AGREEMENT. EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRECT AND ACTIVE NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT THE ABOVE INDEMNITY WILL OTHERWISE APPLY TO LOSSES CAUSED BY OR ARISING FROM, IN WHOLE OR IN PART, LICENSOR'S NEGLIGENCE. C. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit of pmceeding brought against any indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, reasonable attorney's fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those pmtions of the propetty not occupied by the madbed and track or tmcks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may, but is not obligated, to perform such work of removal and restoration at the cost and expense of the Licensee. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall it1 no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. A. If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, fo1thwith immediately terminate this Agreement by written notice. B. In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the patties hereto which may have accrued, or liabilities, accrued or othenvise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shaH not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights hereitt granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shaH be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section IS. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the pa1ties hereto, their heirs, executors, administrators, successors and assigns. Section 16. SEVERABILITY. Any provision of this Agreement which is detennined by a coUJt of competent jmisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement. Approved: Insurance Group Created: 9/23/05 Last Modified: 03/29/10 Form Approved, AVP-Law EXHIBITC Union Pacific Railroad Company Contract Iusumnce Requirements Licensee shall, at its sole cost and expense, procure and maintain during the life of this Lease (except as otherwise provided in this Lease) the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: "Contractual Liability Railroads" ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute fonn providing equivalent liability coverage) with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos). The policy must contain the following endorsements, WinCH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. C. Worke1·s Compensation and Employers Liability insurance. Coverage must include but not be limited to: Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Ag•·eement. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Licensee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Raih·oad Protective Liability insurance. Licensee must maintain "Railroad Protective Liability" insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of$6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this agreement E. Umbrella or Excess insurance. If Licensee utilizes umbrella or excess policies, and these policies must "follow form" and afford no less coverage than the primmy policy. Other Regui1·ements F. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or pa1tial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this Agreement. G. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. H. Licensee waives all rights of recovmy, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Licensee required in this agreement, where permitted by law This waiver must be stated on the certificate of insurance. I. All insurance policies must be written by a reputable insurance company acceptable to Railroad Ol' with a current Best's Insurance Guide Rating of A-and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. J. The fact that insumnce is obtained by Licensee or by Railroad on behalf of Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad fi·om Licensee or any third pa1ty will not be limited by the amount of the required insurance coverage. Pipeline Crossing 07/20/0S Fonn Approved, AVP·Lnw EXHIBITD SAFETY STANDARDS MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Licensee or its contractors, subcontractors, or agents, as well as any subcontractor or agent of any Licensee. I. Clothing A. All employees of Licensee will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Licensee's employees must wear: (i) Waist-length shh1s with sleeves. (ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other slwes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewehy while operating or working on machine1y. II. Personal Protective Equipment Licensee shall require its employee to wear personal protective equipment as specified by Railroad rules, regulations, or I"CCOimnended or requested by the Railroad Representative. (i) Hard hat that meets the American National Standard (ANSI) Z89.1 -latest revision. Hard hats should be affixed with Licensee's company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 -latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: • 100 feet of a locomotive or roadway/work equipment • 15 feet of power operated tools • ISO feet of jet blowers or pile drivers • !50 feet of retarders in use (when within 10 feet, employees must wear dual ear protection-plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. On Track Safety Licensee is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations -49CFR214, Subpmt C and Railroad's On-Track Safety rules. Under 49CFR214, Subpa1t C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a minimum distance of at least 1\venty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized work wear approved by the Railroad Representative. (iii) Participate in a job briefing that will specifY the type of On-Track Safety for the type of work being performed. Licensee must take special note of limits of tmck authority, which tracks may or may not be fouled, and clearing the track. Licensee will also receive special instructions relating to the work zone around machines and minimum distances benveen machines while working or traveling. IV. Equipment A. It is the responsibility of Licensee to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Licensee's equipment is unsafe for use, Licensee shall remove such equipment from Railroad's property. In addition, Licensee must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: • Familiar and comply with Railroad's rules on lockoutltagout of equipment. • Trained in and comply with the applicable operating rules if operating any hy-rail equipment on-track. • Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other rail bound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up waming device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of nventy-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with tlu·ee orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. General Safety Requirements A. Licensee shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Licensee shall ensure that all employees patticipatc in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specifY safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Licensee meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alei1 for moving equipment. Employees must always expect movement on any track, at any time, in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. Transmittal Project Information -" ...... "-' , ' Transmittal - Project# 217 -11 Transmittal # 10 Title Bargath LLC· Kokopell i Phase II Pipeline Date June 7, 2012 Addreaa Due Date Sender Hand City, State, Zip Subject Public Notic ing Country USA From ~~....-:r· J ., ~ lo' To Contact Philip Vaughan Contact Molly Or1<ild-Larson Company Phil Vaughan Construction Management, Company Garfield Cou nty Planning Department Inc. Address 1 038 County Road 323 Address 0375 County Road 352 Build ing 2060 City, State, Zip Rille, CO 81650-8607 City, State, Zip Rifle, co 81650 Country United States of America Country USA Phone (970) 625 ·5350 Phone 970-625·5903 Fax (970) 625-4522 Fax I Remarks Molly, please find the public noticing documents attached for the June 18, 2012 Board of Commissioners ca ll-up heari ng. I will bring the Rifle Citizen Telegram proof of publication in the May 17, 2012 ed~ion to the hearing . 6/l/12 Page 1 of1 PUBLIC NOTtCE ! TAKE NOTICE that pursuant to Section 9-102 of Article IX of the Garfield County Unified Land Resolution of 2008, as amended, Bargath LLC has applied to Garfield County, State of Colorado, for a Development Plan Review for Right-of-Way for the Kokopelli Phase II Pipeline. The Garfield County Board of Commissioners at a May 7, 2012 public meeting determined as per Section 9-109 (B) of the Garfield County Unified Land Use Resolution of 2008, as amended, that the Kokopelli Phase II Pipeline Director's Determination will be reconsidered. A public hearing has been scheduled for June 18, 2012, at 1:00 P.M. in the County Commissioners Meeting Room, Garfield County Plaza Building, 108 8th Street, Glenwood Springs, Colorado, 81601. The project is a proposed pipeline consisting of approximately 21 miles of new 16-inch diameter pipeline. The pipeline will start at the Dry Hollow Compressor Station located in the NE1A of Section 9, TIS, R92W and will extend approximately 21 miles West to the Rulison Compressor Station located in the NE\4 of Section 29, T6S, R94W. All persons affected by the proposed Development Plan Review for Right-of-Way are invited to state their views, protests or support. If you cannot appear personally at such hearing, then you are urged to state your views by letter, as the Board of Commissioners will give consideration to the comments of surrounding property owners, and others affected, in reconsidering the Director's Determination. The application may be reviewed at the office of the Planning Department located at 108 81 h Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30a.m. and 5:00p.m., Monday through Friday. Phone: 970-945- 8212. Planning Department Garfield County • .. j ' CERTIFIED MAIL, RECEIPT , ' (Domest ic Mail Only; No Insurance Coverage Provid ed) . ['- Ill lr lr f'-L-~~~~~~~~~~~=r--~~~~--_J r-'1 lr r-'1 Certmed Fee c:J c:J Rolum RBC6Ipl Fee c:J (EIKIOI$8mGnl Roqulrod) c:J ~--~~~~~ RBS111C10d Delll'ary Feo 0 (Endol$8menl Roqulrod) f'-~--~~~~ ;r 0 ~~--------------------------------~ r-'1 Mt ~~·~~·~~~w·•l •••••''""~~.~~~'~( c:J f'-..... , ............ ,.,..~·· ... ,.,)W ••• \ ... f ....... ! •. ~~~~!.l:':l-- r-'1 I'- U"' IT' 1"- r-'1 ... ~~ U"' Poslage $ ~.45 r-'1 " ~\ Cert!flodFoo 07.-. p r1< \ c c Retu rn Recelp1 Fee "' 7 x, c (Endorsemenl Roqufred) \1 ,....,. I CJ ' "~71 Restrlctod Dellvofy Fee '-~"'· c (Endolsllmonl Roqulred ) \.~il1 1"-$ O Q/ :r Tolal Postage & Foes 7/2U12 CJ r-'1 r-'1 c I'- Ll1 ~iiiiiijiijijijii~-~~~1!!11•~ r-L-~~~um~~:-~~~~~~~~~ r1 IT" r-'1 Cert!OOd Foe :r .JJ lr lr . 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Stalo, ZIP+4 • I e o tr .JI r- CERTIFIED MAIL.,, RECEIPT (Do:nes t ic Mail Onl y ; No Insurance Coverage Provided) =~~~~~ii~iiiiiiiiiiii .JJ ~ ~~~~~~-=~~;c~~~~~--_J .-:1 C1 Corti Rod Feo Cl ~--~~~ Cl R81UmR~Fee (Endoleemont Required} c ~--~~~ .-:1 Res111ded OeDvury Fee .-:1 (Endolsement Requ!rod ) m ~--~~~ U'J lbtal Postago AF009 $ OS/17/2012 c ~ r:r.;Jft~t-i.·B;f ·~·roz.···-··························· ~Si8i9;Zfpt4. ··=·~ ~-····~·····~,···sa··········· .. ····· m cO 1'- 1'- .J1 .J1 m .J1 ..... c c Cl I U.S . Posta l Servi cew CERTIFIED MAI L, .• RECEIPT (Domestic Mail On ly; No Insurance Coverage Provided) . .. . . . . . . . ... ~ri:J&C ~A l USE Poataae S -~ S0.45 ~ CoiiiRed Feo $2.95 'r''-;*). Re1um Rocolpt Foo (Endmemenl Rocjulrod) $2.35 I . :-\-Ho!o ~J c ..... ..... m Restrlctod DoUvory Foo (EndOISO mont Required} $0 .00 .~;./ ~~"! Total Postago & Fees $ $5.75 tro<ttV 1.1'1 c , ~ ~olpl ~:c.J.ol.pb .. A~~~~h ... 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(Domestic Mail Only; No In surance Coverage Provided) i I ,. ~ ~ ~ .... ,,·::··~C·.·~'''''···~··' 0 £"-~~~ .. ~:·:=·:~~-~-L~ ... J ••• U.S . Postal Service ''·' CERTIFIED MAIL .. RECEIPT . C"-(Domestic Mail Only; No Insurance Coverage Provided) ~~~~~~~~~~;1=-~~~~~~~~ ~""~~~~~~~~U~S_E~~ ~ IT' .-'1 CertJfledFee :11 · . : os a · ervrce "·' · CERTIFIED MAIL,.. RECEIPT (Domestic Mail Only; No In s urance C~verage Provide I"" .-'1 C~A l rr Postage $ ~ 0 CertJflodFee c::J Retu m Aocolp t Fee 0 (Endorsement Aoq ulred) 0 Reslltctod 09J!vety Fee 0 (Endorsement AoquJred) £"-:r 0 ~ ~ c::J £"- U.S . Postal Service , .• CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Pro vi Certlfled Feo 0 0 Retum Reo:elpt Fee 0 (Endorsement Roqulred) 0 Reslrlcted OeiiYery Fee r---u..ti.W>ol.-:..1 C (Endotsement Roqutred) F'-~--~~OC-~ Postmarl< Here ·' ::r 0 ~~.,on~----~~--~------~~ ~ .-'1 0 1"- • Bargath LLC Kokopelli Phase II Pipeline-Development Plan Review for Right- of-Way Application Submittal Item Tab 19-Listing of Adjacent Property Owners adjacent to or within 200 feet of the proposed right-of-way 9- 105 (B) The following is a list of landowners adjacent to or within 200' of the proposed right-of- way for the Kokopelli Phase II pipeline project. Private landowners are identified by Assessor's Parcel Number. This information is accurate as of November 4, 2011. Garfield County planning staff has made a determination that only surface owners are to be identified and notified regarding the proposed right-of-way. Please see attached in Tab 2 the alignment sheets th a t note ownership within 200 feet of the proposed right-of-way. 1. Properties that the Pipeline is being constructed upon. Each of the below listed property owners will receive one copy of the entire Development Plan Review for Right-of-Way Application that will be submitted to Garfield County. J A. Parcel #2401-043-00-059 Delaney & Dunn, LLC 649 Peony Drive Grand Junction, CO 81507 Page I of6 PKjB. Parcel #2401-093-00-011 Gary D. Hill and Karen K. Hill 7715 CR 331 Silt, CO 81652 Jc . Parcel #2401-084-00-129, 2401-171-00-234,2401-172-00-188 and 2401-083-00- 199,2401-172-00-026, 2401-184-00-131 Marvelle Couey and W. Kelly Couey 7238 County Road 315 Silt, CO 81652 Jn. Parcel #2403-131-00-033 ~'d Graham , Lester A. & Janet E. and McDennott, Stephen T. & Mary & Cheryl 9 50 Leyden Street Denver, CO 80220 jE. Parcel# 2403-242-00-954, 2403-204-00-953,2403-171-00-952, 2403-171-00-952, 2405-122-00-065, 2405-141-00-954, 2405-113-00-027' 2175-331-00-968. Bureau of Land Management Colorado ruver Valley Field Office 2300 ruver Frontage Road Silt, CO 81652 Parcel #2403-144-00-035 Gretchen S. Dumas 7671 County Road 319 Rifle, CO 81650 j G. Parcel #2403-153-00-046 James Rose POBox432 Rifle, CO 81650 J H. Parcel #2403-073-00-001 Y ouberg Beaver Creek Ranch, LP Dr. David R. Youberg 215 S 1 01h Street Sac City, lA 50583-2137 Page2 of6 Parcel #2403-082-00-030 Rudolph Associates, LLC 3 J 69 8th Street Boulder, CO 80304 J J. Parcel #2405-043-00-089, 2405-042-00-090, 2405-042-00-071,2175-334-00-047, Williams Production RMT Company Sandy Hotard, Mgr-Land Dept POBox 370 Parachute, CO 81635 j K. Parcel #2175-281-00-024 Ran cho Grande, LLC & Heath , Marilyn LLC 102 N E 4th Perkins, OK 74059 J L. Parcel #2175-221-00-140, 2175-281-00-023,2175-281-00-023 Clough Sheep Company LLC POBox686 Rifle, CO 81650-0686 JM. Union Pacific Railroad Attn . Ms Kathleen Nesser 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 J N. Colorado Department of Transportation 1\../\ f ;J Attn. Mike Verketis ('J b 222 S. 6th St., Room 317 Grand Junction, CO 81501-2769 . 2. Adjacent Property Owners within 200' of the Kokopelll Phase II Pipeline All property owners noted below will receive a copy of the Public Notice regarding the project. j A. Parcel #2401-161-00-028 Pitman, Nancy S-Revocable Living Trust & Pitman, Barbara A Revocable Living Trust 7800 County Road 319 Rifle , CO 81650 Page 3 of6 Js. Parcel #2401-182-00-294 0'x! Shaeffer, Ltd. 5957 County Road 319 Rifle, CO 81650 J C. Parcel #2403-134-00-010 ' J Roles, Walter & Walker 0 1260 Bunting A venue Grand Junction, CO 81501-7650 J D. Parcel #2403-242-00-059 d Roe, Timothy Allen & Ida Lynn 6650 County Road 319 Rifle, CO 81650 E. Parcel#2403-133-00-0S8 K Ball, Allen R & Johanna L 6621 County Road 319 Rifle, CO 81650-8432 J F. Parcel#2403-133-00-0S7 '({ Miller, John Paul II & Jessica Leigh 405 Will Avenue Rifle, CO 81650 G. Parcel#2403-224-00-016 Pihnan, Nancy S-Revocable Living Trust & Pitman, Barbara A Revocable Living Trust 7800 County Road 319 Rifle, CO 81650 Jn. Parcei#2403-232-00-020 I / ~ Teepee Bible Camp ~ P0Box225 Rifle, CO 81650-0225 Page 4 of6 j I. Parce1#2403-093-00-043 ~nCana Oil & G as (USA) Inc. c/o KE Andrews & Comp any 3615 S. Huron Street, Suite 200 Englewood , CO 80 11 0 J J arcel#2403-083-00-029 Bauer, George R 12 Sunrise Boulevard Silt, CO 81652-9783 .jK. Parcel#2405-013-00-066 'i Savage, Joan L PO Box 1926 Rifle, CO 81650 J L. Parce1#2405-024-00-017 Winchester Trust dated 09/30/03 & Scarber Allen Russ ell as Co -trustees & Schultz, Alice Marie as Co-trustees 2715 County Road 325 Rifle, CO 81650 M. Parcel#240S-t 01-00-025 Savage, Joan L PO Box 1926 Rifle, CO 81650 jN. Parce1#240S-041-00-018 2S Mackley, Arnold L & E Darleen 403 t County Road 320 Rifle , CO 81650 J 0 . Parcel#2405-041-00-079 Stoakes, Richmond B & Su sa n E ~ } 939 County Road 329 O Rifle , CO 81650 Page 5 of6 P. Parcel#2175-333-00-154 Hilltop 2F2 Ranch, LLLP- 7880 County Road 309 Rifle, CO 81650-9666 JQ. Parcel#2175-334-00-112 Westfork Ranch, LLC '{J c/o R Tony O'Brien PO Box 1394 Edwards, CO 81632 X R. Parcei#2175-343-00-048 Mackley, Arnold L & E Darleen 4031 County Road 320 Rifle, CO 81650-9678 S. Parcei#2175-342-00-076 Savage, Joan L PO Box 1926 Rifle, CO 81650 T. Parcei#2175-283-00-040 Savage, Joan L PO Box 1926 Rifle, CO 81650 Thank you for your assistance on this project. Please contact me with any questions . Sincerely Philip B. Vaughan Pres ident PVCMI-Land Planning Divi sion Page 6 of6 SENDER: COMPLETE THIS SECTION • Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attac this card to the back of the mailplece, or on ihe front If space permits. Qlw~h 6 heep ~0. u~ p 0 I 6~ (o S(CJ R~ {I €. C!__O g I ~:50D~g(p D. Is delivery If YES, enter d elivery address below: 3. Service 'tYpe 0 Certified Mall 0 Reg istered 0 Insured Mall 0 Express Mall 0 Ret urn Receipt for Merchandise oc.o.o. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service labeQ 7005 31 10 0001 6366 7813 PS Form 3811, February 2004 Domestic Return Receipt 10259S.02·M·1540 • Comple~t items 1, 2, and 3. Also complete Item 4 If estricted Delivery Is desired. • Print you \name and address on the reverse so that j·~ can return the card to you. • Attach th s card to the back of the mallplece, or on the front if space permits. D. Is delivery address different from Item 1? D Yes II YES, enter delivery address below: D No 3. Service Type 0 Certified Mall 0 Registered D Insured Mall D Express Mail D Retum Receipt for Merchandise Dc.o.D. 4. Restricted Delivery? (Extra Fee) D Yes 2. Article Number 7005 3110 0001 b3bb 7790 (T'ransfer from service label) PS Form 3811, February 2004 Dom estic Return Receipt 102595.()2·M-1540 n :n,mnl<>t<> Items 1, 2, and 3 , Also complete if Restricted Delivery Is desired. your name and address on the reverse that we can return the card to you. • Attach this card to the back of the mailplece, or on the front If sp ace permits. 1. Article Addressed to: 1 ~V..RS C{¢Chrf\Onc16+ I ~@ V\~· 931 . &8d9 R~fle QD ~~~~ delivery addre...os different from Item 1 ? If YES, enter delivery address below: 3. Service Type 0 Certified Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 In sured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Artlcle Number 7011 0470 DODO 1917 9780 (T'ransfer from service labeQ PS Form 3811 , Febru ary 2004 Domestic Return Receipt 1 0259s-o2·M-1540 : Com~lete lte,ms_J,;2, and 3. Also complete Item 4~Restrrcted Delivery Is desired. • Print y \ur name and address on the reverse so that we can return the card to you. • Attach Is card to the back of the mailplece, or on the front If space permits. Is delivery address different from Item 1? If YES, enter delivery address below: 3. Service Type D Certified Mail D Registered D Insured Mail D Express Mail D Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) D Yes 2. Article Number (Transfer from service labaQ 7011 0470 DODO 1917 980 3 PS Form 3811, February 2004 Domestic Return Receipt SENDER: COMPLETE THIS SECTION ' • Co~lete Items 1, 2, and 3. Also complete ite 4 if Restricted Delivery Is desired. • Prln \your name and address on the reverse so t at we can return the card to you. • Atta this card to the back of the mailplece, or on the front if space permits. ~~~~=~~Y'\~~" LLe__ C/o '/Dn'-{ D Bn '£(""\ 1 02595-02-M· 1540 Mail D Express Mail ? D Box t30 ~ fDwafJs C!D Bl03d--D Registered D Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. ~ 4. Restricted Delivery? (Extra Fee) D Yes 2. Article Number (fransfar from service labeQ 7D11 D47D DODD 1917 9797 PS Form 3811, February 2004 Domestic Return Recei pt 1 02595·02-M-1540 SENDER: COMPLETE THIS SECTION • Comple~9 Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. • Print yo ~1r name and address on th e reverse so that \lie can return the card to you. • Attach this card to the bac k of the mailpiece, or on the front if space permits. 0Agent 0 C. Date of Delivery D. Is delivery address different from Item 17 0 Yes If YES, enter delivery ad dress below: 0 No 3. Servi ce l'ype 0 Certified Mall 0 Registered 0 In sured Mail 0 Express Mail 0 Return Receipt for Merchandise oc.o.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (rransfer from service label} 7011 0470 DODD 1917 9773 PS Form 3811 , February 2004 Domestic Retu rn Receipt SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired . • ~lnt your name and address on the reverse s~\ th at we ca n return the card to you. • At1':ach this card to the back of the mailplece, onon the front If space permits. 1. Article Addressed to: &\J a%-3D;J~ L ~D -&x \q'2,lo rp:,f \e C!-D ~\\60 If YES, enter delivery address below: 3. Service Type 0 Certified Mail 0 Express Mail 1 02595-02-M-1540 0 Registered D Return Receipt for Merchandise -ill?A--4\: 7o s 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) D Yes 2. Article Number (rransfer from service labeQ 7011 0470 DOD D 1917 9742 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION • Complet~ltems 1, 2, and 3. Also complete Item 4 If ~estrlcted Delivery Is desired. • Print your name and address on the reverse so that w can return the card to you. • Attach this card to the back of the mallpiece, or on the front if space permits . 1. Arti cle Addres sed to: :&uev Gs-e~e ~ \d-fu yw· ~ 6.e B\ J ol s f~ 1+ c_o 2 /b 5d -qlf)3 If YES, enter delivery address below : 3. Service Type 0 Certified Mall 0 Registered D Insured Mall D Express Mall D Return Receipt for Merch andi se Dc.o.D. 4. Restricted Delivery? (Extra Fee) D Yes 2. Article Number (Transfer (rom service JabeQ 7 0 11 04 70 DOD O 1917 9759 PS Form 3811 , February 2004 Domestic Return Receipt 102595-02·M·1 540 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3 . Also complete ~·tern 4 if Restricted Delivery Is desired. • rlnt your name and address on the reverse o that we can return the card to you. • ~ttach this card to the back of the mailpiece, ~r on the front if space permits. 1. Article Addressed to: w~~--n-u 2>-\--4-~l~ ¥\-\ \e V\ RUS&e 1 ~s c o/h-\.{.s·k e .J.- ~u..\-tz. ~\~ce... \'Y\0.('\f:.. ;;).l i S ~ 326 ~\\\e ~o 8 l lBSO l05w D. Is delivery address different from Hem 1? D Yes If YES, enter delivery address below: D No 3. Servi ce Type 0 Certified Mall D Registered D Insured Mall D Express Mall D Return Receipt for Merchandi se Dc.o.D . 4. Restricted Delivery? (Extra Fee) 0 Ye s 2. ArtlcleNumber 7011 04 70 DODO 1917 9766 (rransfer from service labeQ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 : SENDER: COMPLETE THIS SECTION 11 Complete Items 1, 2, and 3. Also complete Item ~If Restricted Delivery Is desired. 1 • Print pur name and address on the reverse so th ·t we can return the card to you. 1 • Attac lthls card to the back of the mallpiece, I or on the front If space permits. f 1. Article Addressed to: :~pee B:D ie Go tYJ P D. Is delivery address different from item 1? If YES, enter delivery address below: l r. o. &t,< ~dO l %f\-e @j) 8 /GS~ 3. Service Type D Certified Mail D Registered D Insured Mall D Express Mail D Return Receipt for Merchandise OC.O.D. I ·PP#?65 (tJ 4. Restricted Delivery? (Extra Fee) DYes 2. Article Number (Transfer from service labeO 7 003 3110 0004 78 3 3 6 222 PS Form 3811, February 2004 Domestic Return Rece ipt 1 02595-02·M-1540 SENDER: COMPLETE THIS SECTION • C mplete Items 1, 2, and 3. Also complete lte 4 If Restricted Delivery Is desired. • Prl t your name and address on the reverse so hat we can return the card to you. • Attach this card to the back of the mallplece, or on the front If space permits. 1. Article Addressed to: &_ \\ 1 1\-\\e n e_ J-:J<J~ ~nc.. L- lalc d l ~ 3 l L1 K\~\~ e_0 2 llo'CO· 8LI 36 2. Article Number - 0Agent D Addressee C. Date of Delivery D. Is delivery address different from item 1? D Yes If YES, enter delivery address below: D No 3. Service 'JYpe D Certified Mall D Express Mall D Registered 0 Return Receipt for Merchandise 0 Insured Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) D Yes (Tran sfer from service label} 700 3 3 110 0004 78 33 6208 PS Form 3811, February 2004 Domestic Return Receipt 102595-02·M-1540 SENDER: COMPLETE THIS SECTION • Complete Items 1 , 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of th e mailplece, or on the front If space permits. 1. Article Addressed to: Ko\es) \}Jet.\*-v-*\0~\ t_ey \a-too 0-AX'\\''nj N ~. : ~'(" l\ h c\ 3 "'"'c'_ "-\ o" e_o 2{/s'O I l)tp5o A. Signature X B. D. ls delivery If YES, enter delivery address below: 3. Service Type D Certified Mail 0 Express Mall D Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (rransfer from service label) 7 00 3 3110 0004 7833 6185 PS Form 3811, February 2004 Domestic Return Receipt 1 02595.()2-M-1540 ru:n,mnii At<> Items 1, 2, and 3. Also complete If Restricted Delivery Is desired. your name and address on the reverse that we can return the card to you. • Attach this card to the back of the malfplece, or on the front If space permi ts. 1. Article Add ressed to: (1 \omdo ~ · uf-Tru n~v.-11-rrll/ l\'it1'\ ~ rn ·, }(e... V-e { J!. e+l s ~ 0 . LD ~ 81 f?rn t1: 3 1'1 ~v--6 VJcl.J' u n ,d ; () n CD 8 1 so 1 ~ Z7l.o4 P!Cl#l 2. Article Number COMPLETE THIS SECTION ON DELIVERY ' D. Is delivery add ress different from Item 1? If YES, enter delivery address below: 3. Service Type 0 Certified Mail 0 Express Mail 0 Registered D Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) D Yes (rransfer from service labeQ 7 003 3 110 0004 7833 6154 PS Form 3811, February 2004 Domestic Return Receipt 102595·02-M -1540 I SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete It* 4 If Restricted Delivery Is desired. • p ' t your name and address on the reverse s that we can return the card to you. • At ch this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: 'RoE ,1:m&hy A/l eA+ Tit; /_p(o coo ~ 3 1 CJ ~~+\-e co 8 /to 6 0 as eo B. Received by (Printed Name) D. Is delivery address different from Item 1? If YES, enter delivery address below: 0 Express Mall Yes ONo \ 3. Service Type 0 Certified Mall 0 Registered 0 Insured Mail 0 Return Receipt for Merchandise oc.o.D. 4. Restricted Delivery? (Extra Fee) 0 Yes (T'ransfer from service labeQ • 7 00 3 31 10 0004 78 33 6 19 2 PS Form 3811, February 2004 Domestic Return Receipt 102595-<12-M-1540 SENDER: COMPLETE THIS SECTION ~ Complete Items 1, 2, and 3. Also complete I~ item 4 if Restricted Delivery Is desired. .~Print your name and address on the reverse t;;o that we can return the card to you. • Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: COMPLETE THIS SECTION ON DELIVERY A. Signature , J 0 Agent X I )-(; \' -> I, J~-~~t./ 0 Addre ssee B. Received by (Printed Nafne) I C. Date of Delivery D. Is delivery address different from Item 1? 0 Yes If YES, MW doiWoo old ~ "''"" 0 No [ 3. Service Type 0 Certified Mall 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (T'ransfer from service labeQ 7 00 3 311 0 0004 7833 6178 PS Form 3811, February 2004 Domestic Return Receipt 1 02595-<12-M-1 540 SENDER: COMPLETE THIS SECTION • Ciplete Items 1, 2, and 3. Also complete It :n 4 If Restricted Delivery Is desired . • P t your name and address on the reverse s that we can return the card to you. • A ch this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: ~uclo \-\'\) ~-:::Boc~~s 3 1lo~ s+'\ 61- &v..\o\~~ ~0 8o3o Y. COMPLETE THIS SECTION ON DELIVERY D. Is delivery address different from item 1? If YES, enter delivery address below: 3. Service Type 0 Certified Mall 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service labeQ 7 00 5 3 1 10 0001 63 66 77 8 3 PS Form 3811, February 2004 Domestic Return Receipt SENDER: COMPLETE THIS SECTION • 0\bmplete Items 1, 2, and 3. Also complete lt~im 4 if Restricted Delivery Is desired. • P~nt your name and address on the reverse sci that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: 3. Service Type 0 Certified Mail 0 Registered D Insured Mail 1 02595-02·M-1540 0 Express Mall 0 Return Receipt for Merchandise oc.o.D. 2. Article Number 4. Restricted Delivery? (Extra Fee) 0 Yes (T'ransferfromservicelabeQ 7011 0 4 7 0 DO DO 1917 9 9 9 5 PS Form 3811, February 2004 Domest ic Return Rece ipt 102595·02·M·1540 SENDER : COMPLETE THIS SECTION I • Cq!mpl ete Items 1, 2, and 3. Also complete lte;n 4 If Restricted Delivery Is desired . I • Pr~t your name and address on the reverse so hat we can return the card to you. I • Att ch this card to the back of th e mallplece, or on the front if space permits. ·1. Article Addressed t o: D. Is delivery address different from Item 1? It YES, en t er delivery address below: 0 No . De\& Y'e '-1 4--!J,l nn LU.- (otJ,q feOYll{ DY ~Yund JUhc.:hon C.o $S t5c/'r ~3.=:s:=erv=ice==rype========== 0 Certified Mall 0 Express Mall 0 Registered 0 Return Rece ipt for Merchandise 0 Insured Mai l 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number · (Transfer from service labeQ 7 011 D470 DODO 1917 9 9 57 PS Form 3811 , February 200 4 Dom estic Return Receipt SENDER : COMPL ETE THIS SECTION • Complete items 1, 2, and 3. Also complete Item ~ if Restricted Delivery Is desired. • Print ijour name and address on the reverse so th t we can return th e card to you. • Attac ' thi s card to the back of the mailplece, or on th e front If space permits. 1. Article Addres sed to: ~y-u. ha vYl L eo l.e Y l\ +-J o.n et G k' tn~ te'('\""0 tk-~he. n cJ.-fY)Q fC)t\~Y'I\ . 0 Express Mai l 1 02595-02·M·1540 DYes 0 No - Cf50 L e'fden S -\-. U€\ W gb~O 0 Registered D Retum Receipt for Merchandise 0 Insured Mail 0 C.O.D. % 4. Restricted Delivery? (Extra Fee) D Yes 2. Article Number (Transfer from service labeQ 7 D11 04 70 DODO 1917 99 8 8 PS Form 3811, February 2004 Domestic Return Receipt 1 02595-02·M·1540 • ~mplete Items 1, 2, and 3. Also complete It m 4 If Restricted Delivery ls desired. • p~' nt your name and address on the reverse s that we can return the card to you. • A ach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below : 0 No 0 Express Mail 3. Service Type 0 Certified Mail 0 Registered 0 Insured Mail 0 Return Receipt for Merchandise Dc.o.D. OSlrJ 4. Restricted Delivery? (Extra Fee) I 2. Article Number (Transfer from service/abel) 7 00 5 3 110 000 1 6 366 7752 ' PS Form 3811, February 2004 Domestic Return Receipt SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete itl!m 4 lf Restricted Delivery Is desired. • !'nt your name and address on the reverse s , that we can return the card to you. • ach this card to the back of the mailplece, o on the front if space permits . DYes 1 02595.02-M-1540 -------------------'tt ~o is delivery address different from Item 1 1. Article Addressed to: if YES, enter delivery address below: D No G tJ COX\ c.. (): \ -+~u ~ U 6 1'\ ..l:7JQ ' C/o I( 6 A,r{Xe VJ + Co , 3 b/5 S fk-.tr-on s-r6-/e 21J O ~===::::&!!!!!!:!!!'::!!==== 3. Service Type E. n:;l e~ Q_ 0 8 0 II 0 0 Certified Mail D Express Mail ' U 0 Registered D Return Receipt for Merchandise m OS G 4. ~~~~:;: ~;:~ery? ~~o:a~) D Yes 2. Article NUmber (Transfer from service /abeQ 7 01 1 04 7 0 DO DO 191 7 9735 PS Form 3811, February 2004 Domestic Return Receipt 102595.Q2-M-1640 • Complete Items 1, 2, and 3. Also complete lte~4 If Restricted Delivery Is desired. • Prl t your name and address on the reverse so 1at we can return the card to you. • Atta ~h this card to the back of the mallplece, or o the front If space permits. 3. Service "JYpe 0 Certified Mall 0 Registered 0 Insured Mail I 0 Express Mail 0 Return Receipt for Merchandise· OC.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (T"ransfer from service lab 7005 3110 0001 6366 7776 ; PS Form 3811, February 2004 Domestic Return Reoelpt 1 0259~-M-1540 • O'omplete items 1, 2, and 3. Also complete lt~m 4 If Restricted Delivery Is desired. • Plint your name and address on the reverse s(j that we can return the card to you. • Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: ~0."0cthO Q,'fa'"'cte.LLL 4- )-ktA. ~ I (Y\C-\ 'r ·, ''I II LL~ \oe> N.E 4~ -Pe-t ILl~~. D.\(' I yo 5Cj D. Is delivery address different from Item 1? If YES, enter delivery address below: 0 No lllill",~., .. :fl.,.. Mall 0 Registered 0 Insured Mall 0 Express Mail 0 Return Receipt for Merchandise OC.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (rransfer from service labelj 7 00 5 3110 000 1 6366 7 806 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION • Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. • Prl~your name and address on the reverse so at we can return the card to you. • Att ch this card to the back of the mallplece, or o~ the front if space permits. 1. Article Addressed to: lb 0. x 'i D. \-\\ \ \ ~ -KCt "e n \{ ~-t·, ll II\ 5 c_e,~-3 l I S\\+-I c.,o ~ { lPSd- D. Is delivery address different from item 1? If YES, enter delivery address below: 3. Service 1}1pe 0 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restrfcted Delivery? (Extra Fee) 0 Yes l ~DPA:tt I05t.o .~~~--~------------------------~------------------------------- 2. Article Number (Transfer from service labeQ ! PS Form 3811, February 2004 • C~plete items 1, 2, and 3. lte~. 4 If Restricted Delivery Is 7011 04 70 DODD 1917 9964 Domestic Return Receipt 1 02595.02-M-1540 • Prl,t~ your name and address on • :!~~t t~~ ~d ~~ut~:~~~~~f i~e ml>illniAt'A C. Date of Delivery or on the front If space permits. 2. Article Number· (Transfer from service label) PS Form 3811, February 2004 Yes ?~.:~very rJ rj below: 0 No ~ ~ >&:Au;dv 3. Service Type 0 Certified Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandi se 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 7003 311 0 OD04 7833 6147 Domestic Return Receipt 102595-02-M-1 540 SENDER: COMPLETE THIS SECTION • Com~lete Items 1, 2, and 3. Also complete Item \if Restricted Delivery Is desired. • Print ~our. name and address on the reverse so th ~ we can return the card to you. • Attach this card to the back of the mailplece, or on the front If space perm its. 3. Service Type 0 Certified M ail 0 Registered 0 Insured Mall 0 Express Mall 0 Return Receipt for Merchandise oc.o.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (rransfer from service labeQ 7003 3 110 0004 78 33 61 6 1 PS Form 3811 , February 2004 Domestic Return Receipt 102595-02·M·1540 SENDER: COMPLETE THIS SECTION •~ Coplete Items 1, 2, and 3. Also complete It 14 If Restricted Delivery Is desired. • Prl · your name and address on the reverse so t at we can return the card to you. • Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Yn~ \\e~~UnN -~u \ Jt .f-Se.ss t· L-1 05 \N ~ \\ i\\)z__. ~:{\-e. Q.,() 8 l thO 3. Service 'JYpe 0 Certified Mall 0 Express Mall 0 Registered 0 Ret urn Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (rransfer from service labeQ 7 00 3 3 1 1 0 0004 78 33 6 215 , PS Form 3811, February 2004 Domestic Return Receipt 102595-02·M·1540 Molly Or ki l d-Larso n Garfiel d Cou nt y Pl anning Dept 0 375 County Road 352 Bid# 2060 Rifl e CO 81650 t\1 I \l \\1\\\\l \tll t 1\11 ~ ~ ~.._____,_, l viiJle -· r bt NotTe. 1i ! .. 2nd Notice ---,---·~" ~- \X\O.I"V€11€.. Coue'f =I-W-KeJJy c:e-'f =i ~ 70 11 04 7 0 DOD D 1917 9971 12~3 C.fZ6/5 . g .(:A; §~I 3 c ::t> :::0 • :D-< -(I) 3 00..,.,. o --r:o C:.-....JO"HT'l -""0 -·--::;) :/) ·s~ J t C!. o. x!ltJ5~ COU E2 3 B 61 6 5242 4 8 -1 5 :2 0 5 /2 2 /1 2 NOT IF Y S ENDER OF· N E'ri ADDR ESS -i :D ~ CO trEY PO BOX 907 RI FLE CO 81 650 -09 0 7 E! :\. E:5G:±:f:.i 9G7 Elt; i ~\ Jl!, ,j ,,l J J,U,UU~:.li•~.IJJ•Ii li i i\\HU!A~~.l f~~]llf l lr ii H\\\\h!r-n,•,ll l • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on th e reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, o r on the front if space permits. 1. Artic le Addressed to: '(Y\a Y\Jel \e U:Jv.. e. 'i tke ll ~ e. -r6 ~<t ~a.. 31S 5\ \+ Co gtloSd- X 0 Agent D Add ressee 8 . C . Date of Delivery D. Is delivery address different from item 1? Yes DNo If YES, enter delivery address below: 'I 3. Service Type D Certified Mall 0Reglstered 0 Insured Mall I 0 Express Mall 0 Return Receipt for Merchandise oc.o.D. 4. Restricted Delivery? (Extra Fee) 0 Yes Article Number (rransfer from service label) 7 [] 11 [] 4 7 [] 0 0 [] 0 1917 9 9 71 ! ', •• P§ i=6mi 3'811 ,t F~t:>..UiirY 2064 1 : --~ ,-odmestib i:l~rrl Receipt 1 02595-02-M-1540 I __./ Molly Ork i ld-La r son Garfie l d Co u nty Planni ng Dept 0375 County Road 352 Bid# 2060 Rifle CO 81650 ~~ I I IIIII 7005 3110 0001 6366 77 6 9 ~.: -..:. -···~ ~,· . =:s;-vne s ·Ros6 ~0 ~01 4-3~ 1<:.\~le e 0 81~50 _;;: ... -·~ 816 5 0 @8 41 'f . .. ;.'~ . 4t -, ·' ''· $f,1J "·'5 1 , {p.. ~-- 00 =• --en -U1 C) --- 3: c :I> :JJ g-(;,F3~ ~-<00~'0~ ~(.J"I g::::;o;~~" O • Z •CJ'1•00 ~-....1 -l_:og ~ ·~LTf N ~ Site Visit Protocol Public Meeting: The site visit is considered a "public meeting" under the Open Meetings Law and as such needs to have "full and timely" notice which can simply be a written I posted notice at least 24 hours in advance of the site visit. Getting to the Site: Logistically, it is preferable to have the Commissioners individually drive themselves (or split up and ride with various staff members). If they do drive in a group of2 2llli3,, they may not discuss public business, adopt a proposed policy, position, resolution, rule, r~ .• :.l.'t\., or take formal action. t~~z Site Visit: ,~,~ The Chairman or the Assistant County Attorney once everyone arrives at the site. Once at the to all Commissioners at the same time and can Citizen Attendance: The public and press may lobbying for answers Recording: The Clerk sha!Lreoord all challen e ct(f'{-Jtrun time, a:d fpr~uch a;w~~e to ' ' Evidentiary Rellrd: ' , 1¥, . an overV'if'lqfthe protocol for the site visit . . -f h d" ·1· l.pfii!C:ant may g1ve<~j,Qur o t e propose 1ac1 1ty only the factual inf!~.;.l!tion and cannot "lobby" 'iliiitf% h !Th questlu!;l~lfn t e proposa . e only ask qu~~ps. '%/ . as to sharing opinions or On a site visit, recording presents a unique ?conside1·ate of this challenge, speak one at a lfO]ph(me when asking or answering questions. vrp • 0 . . " . ,., . d" ~d b h" . h "d . . f h bl" h . pmwns or testlmon~~~}S 1scourag~. ecause t IS IS not t e ev1 entlary portwn o t e pu 1c earmg. All attendees who prmf!Bbinforrnatift that is testimonial in nature will also be requested to attend the bl" h · 0~? . /-h h • d b • • • • h pu 1c . e~nng to restate t ~~P»Jis on t e ~anng recor , or t? su m1t wr1tt~n opm~ons tot e . CommiSSIOners through the B[f~r~nrg and Plarmmg department pnor to the heanng. Fmlure to prov1de I . . h .,bl" h . h h c . . "d h -ora or wntten testimony at t e pu 1c eanng means t at t e ommlSSloners may not cons1 er t ose opinions in reaching their decision. Public Hearing on the Application: If information discovered during the site visit will provide a basis for the Commissioner's decision on the applicant, Commissioners are encouraged to state their findings or opinions on the record before closing the evidentiary portion of the record at the public hearing. This gives the applicant and the public an opportunity to respond. April 30 , 2012 Attention : Board of County Commissioners Garfield County Plaza Building 1 08 8th Street Glenwood Springs, Colorado, 81601 Garfield County B UILDIN G & PLANNI N G DEPARTMENT RE: Bargath , LLC -Kokopelli Phase II: Pipeline Development Plan Review for a 16 -inch diameter natural gas pipeline (PDPA 7056) Dear Commissioners , Please find attached the Director's Determination with exhibits and application to consider a request for a call -up to determine whether to uphold, modify , or reverse the Director's Determination of approval for a Pipeline Development Plan Review for a proposed 22 mile long natural gas pipeline located on both fee simple and federal land . Thank you , Molly Orkild-Larson Senior Planner, AICP, RLA 0375 County Road 352, Building #2060 • Rifle, CO 81650 (970) 625-5900 • Fax: (97 0) 625-5939 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • Fax: (970) 384-3470 IN REPLY REFER TO: 2880/2800 (CON0-1 0) COC75020. COC7522-t Dear Int erested Party, United States Department of the Inte rior BUREA U OF LAND MANAGEMENT Co lorado River Valley Field Office 2300 River Frontage Road Silt, Colorado 81652 Ph o ne 970-876-9000, Fax 970-876-9090 Apr il 2, 20 12 t 3 TAKE PRIDE• INAMERICA In a lener o f December 7, 20 I I , th e Bureau of Land Management , Co lorado River Valley fidd Oflice notified int erested parties th at it was ini tiating an Environmental Assessment (EA) o f a pipeline project called Kokopelli Phase I I Pipdine. Bargath LLC ( .. Bargath'') proposes to con s truct 22.3 miles of a buried 16-in ch-diamcter steel gas pipelin e from the Dry Hollo w Compresso r south of Silt. Colorado to the Ru lison Compre sso r nca r Anvil Points. At the time of the initial project scop in g. Will ia ms Production RMT Company LLC (''Williams") ha d proposed to ins tall two 6-inch water lines a long a 4.1-mile sect ion of th e proposed Kokopelli II trench be tween Spruce Creek Road (CR 329) and Beaver Creek Road (CR 3 I 7) so uth wes t of Rill e, Colorado. Th e Williams water lines were to be in stalled concurrent ly in th e same trench wi th th e Kokopelli II gas pipeline. Will iam s, sinc e January I , 2012. has und ergone corporate changes and been fonned as a separate co mp any identified ns WPX Energy Rocky Mountain. LLC (''WPX ''). Barga th 's proposed Kokopelli II pipeline would gath er natural gas developed from WPX 's Kokopell i Field in Divide Creek and mo ve it to processing fac iliti es in P<~rach ute. Co lorado. Th e proposed WPX Spruce Cree k to Beaver Creek water lin es would provide water deliv ery and co ll ec tion capabi lities to WPX 's gas field s and reduce water tru ck traflic in the Spruce Cre ek. Beaver Creek, and Flatiron Me sa are<~s. Since December, 20 I I, market conditions and demand forec as ts for natural gas commodities have declined s ig nificantl y. As a result. Bargath ha s reques ted that th e Kokopelli II gas pipe line project continue with the Federal permiuing process and. shou ld it be granted BLM and USFS approva ls during 2012, allow the proj ec t cons tmction to be de layed until 2013 at th e earlie st. In li ght of Bargarh's desire to delay const ruction of the proposed gas pipe line until at least 2013. \VPX ha s requested that BLM analyze and allow WPX to continue with it s in stallation of the Spruce Creek to Beaver Cree k water pipelin es in its own trench, during a 2012 constmc ti on period. The init ia l Proposed Action for the Kokopelli Pha se II pipeline project (which incl udes WPX 's Spruce Creek to Beaver Creek wat er lin es) ha s been revised to renee! th ese chan ges -changes that amount to diOerent construc ti on periods within the same disturbance corridor for the two pipeline projects. The EA being prepared for th ese pip e lines would focu s on th e assoc iated impacts related to th e cons truction of th e two proj ect s. whic h would occur in different years. T he p ipelines would cross pub lic land s admini s tered by the BLM in Sections 6. 7. 8. 9, 16, and 24, Town ship 7 South (T7S). Range 93 We st (R93 \V) and Section s I , 3, 4, I 0. I I , and 12, T7S, R94 W. Six th Principa l Meridian. The Kok opelli II gas pipeline would abo cross land s admini st ered by th e White Ri ver National Fore st in Section 2 1. T7S . R93W , Six th P.M. Of the tota l 22.3 mile s of proposed Kokopelli II gas pipe line, 7.6 mile s wo uld be in sta lled o n BLM-managed lands. 0.9 mil e on USFS-managed land s and 13.8 mi les across priva te property. The water pipeline connec tio ns outs id e the s hared Kokopclli II pipeline trench would cross another 0.6 m ile of pr ivat e land for a tota l wa ter pipeline len gth of4.7m il es. T he BLM will pre pare an EA to di sclose th e din~ct, ind irect. and CLUJlu lative envi ronm en tal impacts of the proposed pip el ines. As a starti ng point in th e EA proc ess . the BLM is seeking public comment on any concerns or iss ues you may have re ga rd ing the proposed deve lopment and it s recent revisio ns in th e Prop osed Ac ti on. Before includin g any perso nal identil)'ing infonnation in yo ur comment. you should be awa re tha t your entire commen t-including your perso nal id en tify in g infonnation-ma y be made publicly ava ilab le at a ny time. While you ca n ask us in yo ur comment to withhold yo ur personal identifyi ng informat ion from pub lic rev iew, we c:lnnot guarantee that we wil l be ab le to do so. To facilitate BLM's review and usc of comment s during th e EA process. comments on th e revi sed Proposed Ac tion mu st be rece iv ed bv Ma v 2. 20 12. Co p ies ofChapter I of th e EA includ ing th e revised Proposed Action , Alt ernate USFS Rout e, and No Action Alternative arc available for revie w at the Colorado Ri\'cr Valley Fie ld Omce. Digi tal copies of th e proposa l and map arc availa bl e at h II p://www. blm.gov/co/sl/cn /fo /cn·fo /GSFO _Master Pi a nsOffie\·clop m cnt.h tml. W rill en com ment s and quest ions should be d ire ct ed to Co lorado River Valley Fie ld Office at 2300 Rive r Frontage Road , Si lt. CO 81652. Electroni c comment s ma y be s ubmiucd to BLM _CO_SI _C nVFO_ Webmail@ blm.go\'. Enclosure: Fi gure 2 -Proj(!Ct Map S in ce rel y, ~~G~ Allen B. Crock ett , PhD ., J.D. Supe rviso ry Natural Resou rce Special ist Figure 2 Bargath LLC and WPX Energy Kokopelli Phase II and Spruce to Beaver Creek Proposed Pipeline Routes ~'INestWater Engineering -:;;;;:! Con sulti ng Eng ineers & Scientists 0 2 Miles February 2012 legend Dry Hollow Com pressor Station 8 Rulison Compressor Station -BLM DEPARTMENT OF THE ARMY U.S . ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS REPLY TO ATTENTION OF 1325 J STREET SACRAMENTO CA 95814-2922 M arch 26, 2 012 Regulatory Divi s ion SPK-20 11-011 82 Mr. Doug Parce Williams Midstream Supervisor EHS-Piceance Bas in 1050 17111 Street, Suite 1800 Denver, Colorado 80265 Dear Mr. Parce: RECI~IVED MAR 2 B Z0 1Z GARF IELD COUNTY BU ILDING & PLANNING We are responding to your request for a Department of the Army permit for th e Williams Bargath-Kokopelli Phase II Pipeline project, s ubmitted b y your agent WestWater Engi n eerin g on February 28,2012. This project in vo lves activities in wat ers ofthe United States to construct and in s ta ll a 22 mile natural gas pipeline. The project is loc ated between Garfield Creek and Jolley Mesa so utheast of Rifl e to Sharrad Park near Rulison. T he p ipelin e will cross several waterways including the Colorado River, in Section 14 , Township 7 South, Range 93 W est , Sixth Princ ipa l M e ridi an, Latitude 39.4596°, Lo ng itud e -107.7972°, Garfield County, Colo rado . We are requesting th e s ubmitta l ofthe Bureau of Land Manageme nt 's (i.e., lead federa l agency) fin al Environmental A ssessm e nt/FONS I when completed and have withdrawn your app lica ti o n pending additional review of o ur own scope of analysis for this project area. Withd rawa l of your application does not p recl ude yo u from resubm itting the requested information or an appli cation at a later d ate. Please refer to identification number SPK-20 11 -011 82 in any correspo nd e nce concerning thi s proj ect. If yo u have a ny questions, p lease contact M r. M a rk G il fillan at the Co lorado West Regulatory Branch, 400 Ro od Avenue, Room 134, Grand Juncti o n , Colorado 8 150 1-2563, e m a il Mark. A. Gi(fi lla n @ u sace.army . mil, or telephone 970-243-1199 x 15 . For m or e information re gardin g o ur pro gram, pl ease visit our website at www . .spk.usace.army.mil/reg ulatory.html. Sincerely, Original Signed Susan Bachini Nail C hi ef, Colorad o West Branch -2- Copies furnished: Mr. Van Graham, WestWater Engineeling, Incorporated, 2516 Foresight Circle #I, Grand Junction, Colorado 81505 Mr. Jim Byers, NRS, U.S. Bureau of Land Management, Colorado River Valley, 2300 River Frontage Road, Silt, Colorado 81652 Ms. Molly Larson, Garfield County Planning Department, 0375 County Road 352, Building 260, Rifle, Colorado 81650 -2- Copies furnished: Mr. Van Graham, WestWater Engineering, Incorporated, 2516 Foresight Circle #1, Grand Junction, Colorado 81505 Mr. Jim Byers, NRS, U.S. Bureau of Land Management, Colorado River Valley, 2300 River Frontage Road, Silt, Colorado 81652 Ms. Molly Larson, Garfield County Planning Department, 0375 County Road 352, Building 260, Rifle, Colorado 81650 BEFORE THE CITY COUNCIL OF THE CITY OF RIFLE, COLORADO CONCERNING THE APPLICATION FOR A WATERSHED DISTRICT PERMIT FOR THE CONSTRUCTION OF NATURAL GAS PIPELINE KOKOPELLI PIPELINE, PHASE 2 FINDINGS OF FACT, CONCLUSIONS OF LAW AND APPROVAL OF WATERSHED DISTRICT PERMIT NO. 2·12 BARGATH, LLC BEAVER CREEK WATERSHED I. 8ACKGROJJND I. In November 2011, Bargath, LLC ("Bargath" or the "Applicant'') applied to the City of Rifle (the "City'') for a watershed district permit to install a sixteen inch (16'~ diameter natural gas pipeline and related facilities within City of Rifle's Beaver Creek Watershed for approximately three (3) miles in Sections 6, 7, 8 Twn. S, Rng. 93W and Sections I andl2 Twn. 7S, Rng. 94W (the "Activity' or the "Project"). The Activity is located within five (5) miles of the City's Beaver Creek water intake structure within the City's Watershed District jurisdiction and the application was submitted pursuant to City of Rifle Ordinance No. 22, Series of 1994, codified in Article II of Chapter 13 of the Rifle Municipal Code ("RMC'). 2. For the purposes of this permit (the "Permit"), the application shall consist of the watershed permit application entitled Kokopelli Phase 2 Pipeline City of Rifle Watershed Application prepared by Phil Vaughan Construction Management, Inc. (which includes, among other items, Technical Design Specifications; Sedimentation and Erosion Control Plan; Stream Crossing Plan; Reclamation Plan; Spill Prevention and Response Plan; Integrated Weed Management Plan; Stormwater Discharge Permit; and Stormwater Management Plan), all correspondence and materials submitted to the City by the Applicant or its agents and representatives with this application, as well as all representations, whether oral or written, made as part of the application, and the Erion Letter, discussed below. These items shall be . collectively referred to herein as the • Application. • 3. Any and all other permits issued or to be issued by county, state and/or federal agencies in relation to the construction and operation of the Activity are incorporated herein by this reference. 4. Following his review of the application, Michael Erion, P.E. of Resource City of Rifle, Colorado Watershed District Permit No. 2-12 Bargath, LLC Page2 ofS Engineering, Inc., Consulting Professional Engineer for the City, stated his findings In a letter dated January2S, 2012, with supplemental information dated February 29,2012, which Included correspondence from the Applicant's representatives dated February 27, 2012, all attached hereto as Exhibit A and incorporated herein by this reference (collectively the "Erion Letter"). The Brion Letter concluded that the proposed activities to be performed do not present or create a clear or foreseeable risk of significant injury to the City's waterworks or pollution to the City water so long as the Applicant adheres to the proposed mitigation measures contained In the Application and the conditions stated In the Erion letter. Therefore, the activities are classified as a "Minor hnpact• under the RMC. II. FINDINGS OF FACT S. The proposed activities are within the defined boundaries of the City's Watershed District as defined In RMC §13-2-20, specifically within five (S) miles of the City's Beaver Creek municipal water diversion and intake structure. The proposed activities Include the construction of a sixteen inch (16'' diameter natural gas pipeline and related filcilftles. Due to the cumulative nature of the Project and proximity to Beaver Creek, the proposed Project is classified as a "Minor Impact" pursuant to the RMC. Because of the potential for the Applicant's Activity to impact the City's Beaver Creek water source, certain conditions must apply to this Permit as set forth in the Brion Letter to obtain this classification. 6. The Application filed by Bargath Is complete. 7. Bargath has paid the application fee required under RMC § 13-2-110. 8. A duly noticed Public Hearing was held before the Rifle City Council on March 7, 2012. At the hearing, testimony was presented by Jim Neu, City Attorney, and Michael Brion regarding the Activity proposed by the Applicant and the applicability of the City's Watershed District Ordinance. Mr. Neu explained to the City Council that Its jurisdiction on this matter extended five (S) miles beyond the City's Beaver Creek intake point, and that its authority was limited to the protection of the City's water quality and supply. Mr. Erion explained the provisions of the Permit, and the terms and conditions set forth in the Erion Letter, which classified the proposed activities as a Minor Impact pursuant to RMC §l3-2-120(c). Mr. Erion testified regarding his knowledge of the Project, his analysis of the Application, and the conditions stated In the Erion Letter. Mr. Erion further explained the correspondence back and forth with the Applicant since his initial review of the Application and the conditions related to the pipeline crossing Beaver Creek which have been incorporated into the Erion Letter. Tom Fiore and Phil Vaughan, with Phil Vaughan Construction Management, Inc., attended as representatives for Bargath and provided testimony regarding the Application and the proposed activity. The City Council asked questions regarding the proposed activity, long-term ownership City of Rifle, Colorado 1 Watershed District Penni! No. 2-12 Bargath, LLC Page3 ofS and maintenance of the pipeline, and various construction details, The City Council further discussed the cumulative impacts to Beaver Creek with the various activities In the watershed. Testimony was opened up for members of the public and there was none. 9. With the conditions stated in the Erion Letter in place, the Council finds that the Project, If constructed and operated as proposed in the Application and pursuant to the conditions stated in the Erion Letter, does not present or create a clear or foreseeable risk of significant Injury to the City's waterworks or pollution to the City's water supply. I 0. The City Council hereby finds and determines that the issuance of the Pennit requires the inclusion of conditions as set forth in the Erion Letter, that such conditions are necessary to prevent a risk of Injury to the City's water works and pollution of the City's water supply, and that such conditions are authorized pursuant to Sections §l3-2-i40 ofthe RMC. m. CONCLUSIONS OF LAW AND ISSUANCE QF PERMIT II. The foregoing Findings ofFacts are incorporated herein by reference. 12. The City has jurisdiction over the proposed activity pursuant to RMC §13-2-20 and City of Rifle Ordinance No. 22, Series of 1994. 13. Based on the evidence presented at the Public Hearing and the Erion Letter, the City hereby detennines that this decision shall constitute a Watershed District Pennit for the construction of a sixteen inch ( 16") diameter natural gas pipeline and related facilities, as described more fully In the Application, and as modified by the conditions of approval recommended by Mr. Erion In the Brion Letter, which conditions of approval are hereby approved and adopted by the City as conditions of approval of this Pennit. Some of the conditions stated in the Erion Letter are reiterated as follows: • Applicant shall comply with all aspects of the Application, specifically but in no way of limitation Technical Design Specifications; Sedimentation and Erosion Control Plan; Stream Crossing Plan; Reclamation Plan; Spill Prevention and Response Plan; httegrated Weed Management Plan; Stonnwater Discharge Permit; Stonnwater Management Plan; and Engineering Standards developed for the Project. • The construction of the creek crossing shall occur during fair weather low creek flow conditions with the technical specifications outlined in the Erion Letter, specifically the letter dated February 27, 2012 submitted by Phil Vaughan Construction Management, me. City of Rifle, Colorado Watershed District Permit No. 2-12 Bargath, LLC Page4 ofS • The Project shall be subject to inspections during construction as needed by the City and/or its consultants to be determined In the City's sole discretion. Post construction Inspections will be made bi-annually, or more frequently if needed, until all permanent mitigation measures (revegetation, grass berms/swales) are deemed complete by the City. Applicant shall be responsible for all costs associated with such inspections. • A bond should be In place to cover any clean up, restoration, or other unforeseen conditions that may present a potential hazard to the City's water facilities or water supply in the amount of $100,000. The bond may be reduced to $25,000 upon completion of the Project and all permanent mitigation measures, as determined by the City. • Applicant shall participate on a pro rata basis in the City's water quality monitoring program on Beaver Creek. This Includes the periodic stream monitoring program with sampling at various locations along the creek and the operation and maintenance costs associated with the "24n" monitoring system at the City Beaver Creek Intake structure. In addition, all representations, whether oral or written, made by The Applicant and/or its agents as part of the Application and public hearing process shall be conditions of approval of the Permit. 14. The bond that the Applicant shall post pursuant to Section 13 above shall ensure compliance with the terms and conditions set forth herein. Said performance guarantee shall Indemnify and hold harmless the City from any injuries which are the result of the activities undertaken pursuant to this Permit and ensure the strict compliance and performance by the Applicant of the terms and conditions set forth herein. The City may upon thirty (30) days written notice require the Applicant to indemnify the City for damages suffered as a result of activities undertaken pursuant to this Permit or to take corrective action for any violations of the Permit regardless of whether said violations result In damages to the City. In the event that the Applicant fails to respond or take action as required within said thirty (30) days, the Applicant shall be deemed In default under the terms and conditions of this Permit and the City may execute upon the performance guarantee without further notice to the Applicant. IS. All conditions of approval contained within any permit issued to the Applicant by any county, state and/or federal agency shall be deemed conditions of approval of this Permit. Any violation of the conditions of any other such permit issued to the Applicant shall be deemed a violation of this Permit subject to ail ofthe remedies provided for herein. City of Rifle, Colorado Watershed District Pennit No. 2-12 Bargath, LLC PageS ofS 16. Pursuant to Rifle Municipal Code §13 ·2-110(7), Applicant shall reimburse the City for all outside professional services, including but not limited to engineerin& legal, consulting, publication and copying fees associated with the review of the Application, and inspection and enforcement of the Permit following issuance. 17. This Pennit shall not be effective until approved by the City and agreed to and by Applicant. Dated this .2/_ day of ~~ 1 2012. CITY OF RIFLE, COLORADO By ~~~ Mayor~ ATIBST: ~ City of Rifle Watershed District Permit No. 2-12 accepted and agreed to this d () day of 1Yl A fZi!.. I+ 1 2012. BAROATH, LLC By:~__J~ Natne:SAfL;p~& ::r Ho TAA-~ Title: A-tli3 g rv e ~-·, N -PIJ.~y !!ill RES 0 U RC E EXHIBIT A I ll!lllllllll!UI III!Hilli1M!!l!i E N G I N E E R I N G I N C . Mr. Rick Barth, P.E. City of Rifle PO Box 1908 Rifle CO 81650 ·Jim Neu, Esq. Karp Neu Hanlon, P.C. PO Box 2030 Glenwood Springs CO 81602 January 25, 2012 RE: Barg ath, LLC (Williams Energy) -Rifle Beaver Creek Watershed District Permit Application for Gas Pipeline Kokopelli Phase 2 Dear Rick and Jim: This letter presents our review of the application submittal by Bargath, LLC for a Watershed District permit for a gas pipeline across the Beaver Creek watershed and within 5 miles of City's intake diversion structure. The permit application includes approximately 3 miles of 16 inch gas pipeline. The location of the pipeline is shown on the attached vicinity map from the application. The submittal is titled "Kokopelli Phase 2 Pipeline City of Rifle Watershed Application" dated November 2011, prepared by Bargath, LLC and submitted by Phil Vaugh Construction Management, Inc. RESOURCE consulted with Rick Barth and Jim Neu on the application submittal. The permit was reviewed in accordance with Section 13-2-120 of the Rifle Municipal Code. CLASSIFICATION Based on our analysis and review set forth below, we recommend classifying the activity as "minor impact." This classification is due to the nature of the project and it being part of the cumulative impacts within the Beaver Creek watershed. RECOMMENDATIONS In accordance with Section 13-2-120(c) of the Rifle Municipal Code, we recommend issuance of a Watershed District Permit with the following conditions: 1. The permit approves the construction of a 16 inch gas pipeline, as outlined in the application submittal and the detailed design drawings contained therein. 2. The pipeline crossing under Beaver Creek shall be constructed with a redundant double wall pipe concrete encasement, or liner system for 1 0 feet on both sides of the creek. The construction should be done during fair weather low flow conditions. 3. Applicant shall comply with all provisions of the Storm Water Management Plan, Sedimentation and Erosion Control Plan, Spill Prevention and Response Plan (the City should be listed as an emergency contact at 970-379-6162), Integrated Weed Management Plan, Reclamation Plan, Storm Water Discharge Permit, and Engineering Standards developed for the project. ·consulting Engineers and Hydrologists 909 Colorado Avenue li!i Glenwood Springs. CO 81801 Jill [870) 845-6777 !ill Fax [870)945-1137 Mr. Rick Barth Jim Neu, Esq. January 25, 2012 Page2 4. The project shall be subject to inspections during construction as needed by the City and/or its consultants. Post construction inspections will be made biannually, or more frequently if needed, until all permanent mitigation measures (revegetation, grass berms/swales, etc.) are deemed complete by the City. Applicant shall be responsible for all costs associated with such inspections. 5. Consistent with other watershed permits, a bond should be in place to cover any clean up, restoration, or other unforeseen permit conditions that may present a potential hazard to the City's water facilities or water supply. We recommend a $100,000 bond for the project. The bond would be reduced to $25,000 upon completion of the project and all permanent mitigation measures, as determined by the City. 6. Applicant shall participate on a pro rata basis in the City's water quality monitoring program on Beaver Creek. This includes the periodic stream monitoring program with sampling at various locations along the creek and the operation and maintenance costs associated with the "24/7" monitoring system at the City intake structure. ANALYSIS The proposed pipeline project. crosses through the Watershed District boundary and includes approximately 3 miles of 16 inch gas pipeline. Approximately 2.25 miles are located in the unnamed tributary basin east of Beaver Creek and 0.75 mile is located within the main Beaver Creek basin. The pipeline follows existing roads and pipeline corridors as it traverses the watershed. The submittal includes detailed plans and construction specifications. The plans include site specific erosion and sediment control plans as well as detailed plans and construction planning for the Beaver Creek crossing. The application submittal also includes the following: • Technical Design Specifications • Sedimentation and Erosion Control Plan • Stream Crossing Plan • Reclamation Plan • Spill Prevention and Response Plan • Integrated Weed Management Plan • Stormwater Discharge Permit • Stormwater Management Plan All of the above documents should be incorporated into the permit by a condition requiring compliance with all of the documents submitted for consideration of the application. nU!iERESOURCE g!JB/J~ E N G 1 N e: E R 1 N G I N C . Mr. Rick Barth Jim Neu, Esq. January 25, 2012 Page 3 We recommend the City have a bond which provides for potential impact from construction activities and long term risks. We recommend a $100,000 bond for construction, reduced to $25,000 after the City determines that construction, revegetation and mitigation structures are complete and functional. The proposed alignment crosses a potential future reservoir site for the City of Rifle. This site ranks third among other' potential sites for a future reservoir and does not meet many of the criteria for the City and would likely not be selected for construction. The size is limited by existing well pads, the reservoir would inundate public land, there is a higher risk of direct surface contamination from 0 & G activities, and the cost per acre foot of storage is high. There are existing gas pipelines in this area. RESOURCE does not recommend requiring avoidance of the footprint due to the extremely low probability that this reservoir site would be developed. The Bargath, LLC pipeline project activities do not have a clear and foreseeable risk of significant injury to the City's water facilities and potable water supply so long as all conditions presented in this letter are met by the Applicant. We believe that implementation of the SWMP, Sedimentation and Erosion Control Plan, Response Plan, Spill Prevention and engineering design standards, inspections by the City, water quality monitoring and bond will minimize the risk to the City. Please call if you have any questions or need additional information. Sincerely, MJE/mmm 341-10.32 Attachment HiiliiRESOURCE Gl'~lfli'eNGINEEAING INC. RESOURCE ENGINEERING Jirri Neu, Esq. Karp Neu Hanlon, P.C. POBox2030 Glenwood Springs CO 81602 Rick Barth, P.E. City of Rifle PO Box 1908 Rifle CO 81650 I N C . February 29, 2012 RE: Bargath, LLC -Supplemental Review for Rifle Beaver Creek Watershed District Permit Application · Dear Jim and Rick: This letter presents our review and response to the supplemental information submitted to ttie City for the Bargath, LLC watershed District Permit application. Bargath, LLC responded to the draft permit ~;~nd the Resource Engineering, Inc. (RESOURCE) review letter dated January 25, 2()1 .. 2 .. Bargath, LLC. has concerns with proposed Condition Nq. 2 regarding redundant pipeline protection for the Beaver Creek Crossing and .asked for clarification on the range of costs associated with Condition No. 6 regarding pro rata share of costs for water quality monitoring. Attached are three letters addressing proposed Condition No. 2. City . staff and RE:SOURCE reviewed and discussecl with Bargath, LLC rePresentatives .the concerns raised in the D.R. Griffin & Associates, Inc. letters. Rick Barth, Michael Erion, Phil Vaughan, and Tom Fiore (Bargath manager of construction activities) had a technical discussion of the issue and Bargath developed a proposed solution outlined in the February 27, 2012 letter from Phil Vaughan Construction Management, Inc. City staff and RESOURCE recommend approval of the proposed Beaver Creek crossing design, which addresses the concern raised in proposed Condition No. 2. With respect to Condition No. 6, Bargath wanted to know what range of costs they would be agreeing to as part of the pemnit. The annual cost will vary based on lab costs and other variables, but would be in the range of $500 for 2012. Please call if you have any questions or need additional infomnation. Sincerely, ~~ Michael J. E · n, P.E. Water Re urces Engineer MJE/mmm 341-10.32 Cgnsulting Engine.~rs and Hydrologists SOB Colorado A\i'snue &ll Glenwood Springs, CO 91601 l!ll (970) 845-6777 Iii Fsx (870)945-1137 February 27,2012 Mr. Michael Erion, P.E. Water Resources Engineer Resource Engineering Inc. 909 Colorado Avenue Glenwood Springs, CO 81601 Sent via email: Merion@resource-eng.com Dear Michael, I want to thank you and Rick Barth for taking time to speak with Tom Fiore-Bargath LLC Project Manager on Friday, 2/24112 regarding the project. Please consider the items noted below a clarification and addendum to our application for a City of Rifle Watershed District Permit for the Bargath LLC-Kokopelli Phase II Pipeline that was submitted in November 2011, As per our conversation, Bargath LLC is proposing the following changes to our permit application in regards to the crossings of the East Tributary of Beaver Creek and Beaver Creek. East Tributary of Beaver Creek Crossing • Location: STA 676+16 (East bank minus 33 feet) to STA 677+28 (West bank plus 32 feet); NEV. ofNE V. of Section 12, T7S R94W, Garfield County, Colorado; Geographic coordinates (NAD83/WGS84) 39°27'37.57" North 107°49'37.80" West • Materials: Install approximately 127 feet of heavy wall16.000" OD x 0.406" WT x API-SL Grade X-70 steel line pipe with nominal 8-mil Fusion Bonded Epoxy (FBE) factory applied coating with a nominal40 mil Abrasion Resistant Overlay (ARO) 'factory applied protective coating. Page 1 of3 Beaver Creek Crossing • Location: STA 688+24 (East bank minus 44 feet) to STA 689+54 (West bank plus 54 feet); NY, ofNE Y. of Section 12, T7S R94W, Garfield County, Colorado; Geographic coordinates (NAD83/WGS84) 39°27'37.53" North 107°49'53.32" West. • Materials: Install approximately 137 feet of heavy wall 16.000" OD x 0.406" WT x API-SL Grade X-70 steel line pipe with nominal 8-mil Fusion Bonded Epoxy (FBE) factory applied coating with a nominal40 mil Abrasion Resistant Overlay (ARO) factory applied protective coating. Construction Notes: • Coating information: FBE (fusion bonded epoxy) is a thermosetting, cross- linked, polymer powder coating commonly used to protect steel pipe, concrete reinforcing bars and other metal products from corrosion. • Coating information: ARO (abrasion resistant overlay), sometimes called a "sacrificial coating," is either a 2-layer FBE coating system or a liquid polycarbonate epoxy coating system. These are typically factory applied but the liquid epoxy system can be shop and field applied when required. ARO is typically used to provide a protective layer over the top of a FBE base coat on steel line pipe. When used, ARO is intended to seal, safeguard and protect the underlying FBE coating from scratches, gouges, impact, strikes and other abrasive damage resulting from bore installation, drag section work and other rough handling conditions. • Additional mitigation: the girth weld connections within the span of line pipe to be located in the creek crossings shall be I 00% X -ray examined and then reviewed and approved by a qualified NDT inspector. Prior to service use, the river crossing pipe and all adjoining pipe will be hydrostatically pressure tested for a period not less than 8 hours at a pressure level exceeding the system's target maximum service pressure. The pressure test and the recorded results of the test will be reviewed, signed and certified jointly by the testing contractor and a qualified company inspector. Page 2 of3 Thank you for your assistance on this project. Please contact me with any questions. Sincerely ~·11~~ Philip B. Vaughan President PVCMI-Land Planning Division 970-625-5350 Cc: Rick Barth-City of Rifle Engineer via email: rbarth@rifleco.org Page 3 of 3 March 2 , 2012 Ms. Molly Orkild-Larson Senior Planner . Garfield County Planning Department 0375 County Road 352 Building 2060 Rifle, CO 81650 Dear Ms . Ork.ild-Larson, I am writ ing in regards to the Bargath LLC-Kokopelli Phase II Pipeline-Development Plan Review for Right-of-Way Application. Garfield County File# PDPA-7056. We respectfully request that the application be removed from on-hold and move forward with processing. We have investigated an alternative pipeline route in order to address the concerns issued by the Mackley and Boe families . During the course of this investigation we have determined that this proposed re-route will require additional right-of-way that will cost approximately $1,500,000 in additional studies, engineering and right-of-way cost. The project team has determined that this change is cost prohibitive for this project. We feel that every effort has been made in the design, engineering and placement of this pipeline to comply with the Garfield County Unified Land Use Resolution. In addition, we have complied with private property owner desires and the U.S. Bureau of Land Management and U.S. Forest Service requirement s. Pagel of2 Thanks for your assistance and please contact me with questions. Sincerely ~\\~ Philip B. Vaughan President PVCMI-Land Planning Division 970-625-5350 Page 2 of2 February 8, 2012 Ms . Molly Orkild-Larson Senior Planner Garfield County Planning Department 0375 County Road 352 Building 2060 Rifle, CO 81650 Dear Ms . Ork.ild-Larson, I am writing in regards to the Bargath LLC-Kokopelli Phase II Pipeline-Development Plan Review for Right-of-Way Application. Garfield County File# PDPA-7056. We respectfully request that the application be put on hold by Garfield County and that the Staff Report not be issued on February 9, 2012 . We are investigating alternative pipeline routes that may alleviate some of the concerns issued by the Mackley and Boe families . As per the Garfield County Unified Land Use Resolution 2008, as amended, Section 9- 105(C), we request a waiver of the 28 day timeline for the Planning Director's determination. I will be in contact with you in the near future in regards to the re-initiation of the review process. Page 1 of2 Thanks for your assistance and please contact me with questions . Sincerely ~Q~~~ Philip B. Vaughan President PVCMI-Land Planning Division 970-625-5350 Page 2 of2 United States Department of the Interior I N REPLY RHER TO: 2880/2800 (CON040) COC75020 & COC75020T COC75224 & COC75224T BUREAU OF LAND MANAGEMENT Colorado River Valley Field Office 2300 River Frontage Road Silt, Co lorado 81652 June 18,2012 TAKE PR I DE• INAMERICA RECEIVED JUN 1 () 2012 ,, Dear Interested Public: GARFI ELD COUNTY BUILDING & PLANNING The Bureau of Land Management (BLM) Co lorado River Valley Field Office has issued a decision on the Envirorunental Assessment (EA) for the Kokopelli Phase II Natural Gas Pipeline (COC75020 and COC75020T) submitted by Bargath LLC and the Spruce Creek to Beaver Creek Water Pipelines (COC75224 and COC75224T) submitted by WPX Energy Rocky Mountain LLC ("WPX"). The Bargath Kokopelli Phase II Pipeline would be a high pressure buried natural gas pipeline co11structed of 16 -inch diameter stee l pipe (22.3 miles in length). This gas pipeline work would be completed no earli er than spri ng-summer-fall 2013. The WPX Spmce Creek to Beaver Creek buried water pipelines would connect existing gas fields with water delivery and water collection lines cons tmcted of two 6-inch diameter Flexsteel pipes (4.7 miles in length). This work would be completed in late spring-summer-fall 2012 . Although the WPX water pipeline would be installed in summer-fall2012, the entire water pipeline length o n BLM (about 3.95 miles) would be installed within the 2013 Kokopelli gas pipeline corridor. Based on the impact analysis presented in the EA, the resource surveys for special status plants, wildlife a nd cultural resources, field examinations of the proposed pipeline a li gnments with the proponent and BLM and USFS staffs, and comments received from interested parties, it is my decision to approve the Right-of- Way grants for these two pipelines. Appendix D of the Kokopelli II EA describes public comments submitted during the two public scoping periods and BLM's response to those conunents. Details of the various mitigation measures supporting the decisions are included in the EA, including the Surface Use Conditions of Approval developed by BLM and USFS staffs and the Tenns and Conditions for the Pipeline Right-of-Way Grants (Appendix A). Copies of th e EA are available for review at the BLM Co lorado River Valley Field Office and on the following internet website: http://www. blm.gov/co/st/en/fo/crvfo/GSFO _ MasterPlansO fDevelopment.html. I want to thank those of you who actively participated in this planning process. Your involvement is appreciated and contributed to the final decision in this plan. Encl os ur e Form 1842-1 Sincerely, Allen s: Crockett, Ph.D., J.D. Supervisory Natural Resource Specialist Legend " ._.... ~~ "'I r S"'~ I I lJ -Natural Gas Pipeli ne ~ ~.._,.~ _. ... '"--r -Dry Hol low Compressor Station Figure 2 Bargath LLC and WPX Energy Kokopelli··Phase II and Spruce to Beaver C r eek . - ~Proposed Pipeline Routes -...~~~ei(-Engineering . ..__, .. :a Consulting fn9i....,.. & Scientists . ~.;" .. -. -2 ...... May 2012 Fonn 1842-1 (September 2006) UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT INFORMATION ON TAKING APPEALS TO THE INTERIOR BOARD OF LAND APPEALS DO NOT APPEAL UNLESS 1. This decision is adverse to you, AND 2. You believe it is incorrect IF YOU APPEAL, THE FOLLOWING PROCEDURES MUST BE FOLLOWED l. NOTICE OF APPEAL ... 2, WHERE TO FILE NOTICE OF APPEAL .... WITH COPY TO SOLICITOR ... 3. STATEMENT OF REASONS WITH COPY TO SOLJCITOR ... 4, ADVERSE PARTIES .... S. PROOF OF SERVICE ... 6. REQUEST FOR STAY ..... A person who wishes to appeal to the Interior Roard of Land Appeals must file in the office of the officer who made the decision (not the Interior Board of Land Appeals) a notice that he wishes to appeal. A person served with the decision being appealed must transmit the Notice of AppeaL in time for it to be filed in the office where it is required to be filed within 30 days after the date of service. lf a decision is published in the FEDERAL REGISTER, a person not served with the decision must transmit a Notice of Appeal in time for it to be filed within 30 days after the date of publication (43 CFR 4.411 and 4.413). BLM, COLORADO RIVER VALLEY FIELD OFFICE, 2300 River Frontage Road, Silt, Colorado 81652 Office of the Regional Solicitor, USDI, 755 Parfet Street, Suite 151, Lakewood, Colorado 80215 Within 30 days after filing the Notice of Appeal, file a complete statement of the reasons why you are appealing. This must be filed with the United States Department of the Interior, Office of Hearings wtd Appeals, Interior Board of Land Appeals, 801 N. Quincy Street, MS 300-QC, Arlington, Virginia 22203. If you fully stated your reasons for appealing when filing the Notice of Appeal, no additional statement is necessary (43 CFR 4.412 and 4.413). Office of the Regional Solicitor, USDl, 755 Parfet Street, Suite 151, Lakewood, Colorado 80215 Within 15 days after each document is filed, each adverse party named in the decision and the Regional Solicitor or Field Solicitor having jurisdiction over the State in which the appeal arose must be served with a copy of: (a) the Notke of Appeal, (b) the Statement of Reasons, and (c) any other documents filed (43 CFR 4.413). Within 15 days after any document is served on an adverse party, file proofofthat service with the United States Department of the Interior, Office of Hearings and Appeals, Interior Board of Land Appeals, 801 N. Quincy Street, MS 300-QC, Arlington, Virginia 22203. This may consist of a certified or registered mail "Return Receipt Card" signed by the adverse party (43 CFR 4.401(c)). Except where program-specific regulations place this decision in full force Md effect or provide for an automatic stay, the decision becomes effective upon the expiration of the time allowed for filing an appeal unless a petition for a stay is timely filed together with a Notice of Appeal (43 CFR 4.21). If you wish to file a petition for a stay of the effectiveness of this decision during the time that your appeal is being reviewed by the Interior Board of Land Appeals, the petition for a stay must accompany your Notice of Appeal (43 CFR 4.21 or 43 CFR 2801.10 or 43 CFR 2881.10). A petition for a stay is required toshowsufficientjustification based on the standards listed below. Copies of the Notice of Appeal and Petition for a Stay must also be submitted to each party named in this decision wtd to the Interior Board of Land Appeals and to the appropriate Office of the Solicitor (43 CFR 4.413) at the same time the original documents are filed with this office. Jfyou request a stay, you have the burden of proof to demonstrate that a stay should be granted. Standards for Obtaining a Stay. Except as otheJWise provided by law or other pertinent regulations, a petition for a stay of a decision pending appeal shall show sufficient justification based on the following standards: ( l) the relative hann to the parties if the stay is granted or denied, (2) the likelihood of the appellant's success on the merits, (3) the likelihood of immediate and irreparable hann if the stay is not granted, and (4) whether the public interest favors granting the stay. Unless these procedures are followed, your appeal will be subject to dismissal (43 CFR 4.402). Be certain that all communications are identified by serial number of the case being appealed. NOTE: A document is not filed until it is actually received in the proper office (43 CFR 4.401(a)). See 43 CFR Part 4, Subpart B for general rules relating to procedures and practice involving appeals. (Continued on page 2) 43 CFR SUBPART 1821--GENERAL INFORMATION Sec. 1821.10 Where are BLM offices located? (a) In addition to t~e Headquarters Office in Washington, D.C. and seven national level support and service centers, BLM operates 12 State Offices each having seVeral subsidiary offices called Field Offices. The addresses of the State Offices can be found in the most recent edition of 43 CFR 1821.10. The State Office geographical areas of jurisdiction are as follows: STATE OFFICES AND AREAS OF JURISDICTION: Alaska State Office····------Alaska Arizona State Office·--------Arizona California State Office-------California Colorado State Office--------Colorado Eastern States Office--------Arkansas. Iowa, Louisiana, Minnesota, Missouri and, all States east of the Mississippi River Idaho State Office -------------Idaho Montana State Office---------Montana, North Dakota and South Dakota Nevada State Office -----·u·--Nevada New Mexico State Office----New Mexico, Kansas, Oklahoma and Texas Oregon State Office -······----Oregon and Washington Utah State Office--·······-----Utah Wyoming State Office··------Wyoming and Nebraska (b) A Jist of the names, addresses, and geographical areas of jurisdiction of all Field Offices of the Bureau of Land Management can be obtained at the above addresses or any office of the Bureau of Land Management, including the Washington Oflice, Bureau of land Management, 1849 C Street, NW, Washington, DC 20240. (Fonn 1842-1. September 2006) January 12, 2012 Attention : Phil Vaughan PVCMI -Land Planning D ivision 1 038 County Road 323 Rifle, CO 81650 Garfield County BUILDING & PLANN ING DEPARTMENT RE: Kokopelli Phase II: Pipeline Development Plan Review for a 16-inch natural gas pipeline (PDPA-7056) Dear Phil , I am writing this letter regarding the Bargath , LLC application for a Pipeline Development Plan Review for a 16-inch natural gas pipeline . The application has been deemed technically complete. Once the County has additional copies of fhe application , they will be forwarded onto the required referral agencies. Once substantively rev iewed , the Planning Director shall provide a letter approving or conditionally approving the development plan to the applicant no later than 28 days from the date of this letter (no later than February 9, 2012). Finally, once a decision has been made , it is referred to the Board of County Commissioners in order that they have an opportunity to "call up" the application . This requires a 14 day time frame for their decision . Do not hesitate to contact me in the event you have any questions. Sincerely, l=~-{jzf6m Molly Ork1l -Larson , AICP, RLA Senior Planner Building and Planning Department 970.625.5903 0375 County Road 352, Building #2060 • Rifle, CO 8165 0 (970) 625 -5900 • Fax: (970) 625-5939 108 Eighth Street , Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • Fax: (970) 384-3470 November 30, 2011 Attention : Phil Vaughan PVCMI-Land Planning Division 1038 County Road 323 Rifle , CO 81650 Garfield County BUILDING & PLA NNING DEPARTMENT RE: Kokopelli Phase II: Pipeline Development Plan Review for a 16-inch natural gas pipeline (PDPA-7056) Dear Phil , I am writing this letter regarding the Bargath , LLC application for a Pipel in e Development Plan Review for a 16-inch natural gas pipeline . At this time the application does not include all required information per Garfield County Regulations . The application is therefore deemed technically incomplete and the Planning Department will not process this application any further until the following information, listed below, has been provided to the satisfaction of this office . Please address the following items and submit three copies of the modified information to this office so that we may continue the review of this application . ULUR -Section 9-104 Development Plan Submission C. Ownership • Property owned by Janet E. Graham: It appears that Ruth Vernita McDermott is deceased and the property passed to her heirs. Please confirm that the Easement Agreement identifies all heirs/assigns that are now i n possession of the property; • Property owned by Gretchen Dumas: The Warranty Deed at Reception No . 419739 does not identify G retchen Dumas as a joint tenant. However, she might be so identified in the Deed at Book 1587 , page 432. If this is accurate, please provide a copy to the County of this additional deed ; • Property owned by Rudolph Associates, LLC : The Statement of Authority for R. Erik Rudolph needs to be recorded with the Garfield County Clerk and Recorder. Please provide the County with a recorded copy of this document; and , • Rancho Grande & Marilyn L. Health , LLC: There are several tasks that need to be done regarding this land owner. First, provide a recorded Statement of Authority for Jack Vassar to act on beha lf of Rancho Grande LLC . Second , none of the deeds submitted show ownership by Marilyn L. Heath LLC ; yet this entity is identified in the Pipeline Easement as a property owner. If Marilyn L. Heath is , in fact , a property owner, then the Articles of Incorporation are acceptable in lieu of an SOA but 0375 Cou nty Road 352, Building #2 060 • Rifle, CO 81650 (970) 625-5900 • Fax: (970) 625-5939 108 Eighth Street, Suit e 401 • Glenwood Springs , CO 81601 (970) 945-8212 • Fax: (970) 384-3470 only if the County also gets a copy of the Operating Agreement (s ince the Articles specifically state that Marilyn L. Heath's authority as Manager of the LLC is "restricted by provisions of the Operating Agreement."). If the County can 't get a copy of the Operating Agreement, then we 'll need a Statement of Author ity. If Marilyn L. Heath LLC is not a property owner, th~n the County won 't need this additiona l information . ' Please note : The key component for the County is an individua l's authority to act on behalf of an entity landowner, not the company contracting with the landowner. With this in mind , Bargath should be aware that the grant of Power of Attorney to Sandra J . Hotard was effective through September 18 , 2011 which we believe expired prior to the execution on behalf of Ba rgath of at least one of these pipeline easements. Bargath may want to update her authority . Do not hesitate to contact me in the event you have any questions. Sincerely, ~~-!A~ Molly Orkild-Larson , AICP , RLA Sen ior Planner Building and Planning Department 970 .625 .5903 2 .t\-~ ~ ' Figure 2 Bargath LLC and WPX Energy Ko kopelli Phase II and Spruce to Beaver Creek Proposed Pipeline Routes ~'l'4estWater Engineering -::;;;;!Consulting Enginee rs & Sti t ntists 0 MII&S February 2012 ~~ l-tl\\ ~ Legend Dry H ollow Compressor Station Rulison Compressor Station BLM Garfield County I I 108 8th Street Suite 401 Glenwood Springs, CO 81601- ~E~I=F»~lf~~~~~~~~~~~~~~~~~~~Ph=o=n=e:~(9=7=~=9=45=-8=2=12~F=a=x:=(=97=0=)3=8=+=34=7~0~---~ Fee Name Pipeline Development Fee Date Pay Type 11/15/2011 Credit Card esday, November 15, 2011 Invoice Number: Invoice Date: INV-11-11-21524 15/2011 12:00:00AM Plan Case: ipeline Development, PDPA-1 Fee Type Fixed Check Number -1 Total Fees Due: Amount Paid $400.00 Total Paid: Fee Amount $400.00 $400.00 Change $0.00 $400.00 1 Total Due: $0.00 I I I I I I I I I I I I I I